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Congressional Record article 16 of 150         Printer Friendly Display - 9,371 bytes.[Help]      

ENHANCED BORDER SECURITY AND VISA ENTRY REFORM ACT -- (Senate - April 16, 2002)

[Page: S2694]  GPO's PDF

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   Mrs. CLINTON. Madam President, today I rise to address the importance of another critical issue, and that is the Enhanced Border Security and Visa Entry Reform Act of 2001. I believe this measure needs to be passed as soon as possible.

   Why? Perhaps I speak from a somewhat parochial perspective, but representing New York, which is one of our border States, gives me a firsthand view and understanding of the challenges we face in trying to make our northern border as safe and secure as possible.

   The nearly 4,000-mile-long U.S. border with Canada is about twice the length of the U.S. border with Mexico, but until very recently it has received but a fraction of the resources available for border security.

   According to a July 2001 report from the Justice Department's Bureau of Justice Statistics, fewer than 4 percent of all the Border Patrol agents work along the northern border.

   Of course, until recently, we did not have to worry too much about our northern border. It has historically been the longest, most peaceful border in the entire world. Certainly, New York has a great stake in having a peaceful border, one that goods and people can cross easily because there is so much traffic between our two countries that goes through our heavily trafficked crossings, places particularly like Plattsburgh and Buffalo, but also other places--Niagra Falls, Messina--and all of the communities along New York's Canadian border are deeply concerned about how that border is protected and managed.

   For too long, that has not been a concern, but now we know it is, and the Federal Government has to step up to provide

   permanent, long-term protection.

   Homeland security begins with border security. That is why I strongly support this bill and am an original cosponsor. It is also why last October, after the terrible attacks of September 11, I wrote to Director Ridge asking that he create a position within the Office of Homeland Security devoted to our northern border and all the issues with Canada about which we are concerned to centralize those issues so there would be one person to whom we could go to deal with our various concerns. This legislation attempts to begin to address these concerns.

   What does it do? First, it authorizes funding for this year and the next 4 years for an additional 200 INS inspectors and 200 INS investigators over the amount already authorized in the terrorism bill for the next 5 years. Increased funding is also authorized for training facilities and security-related technologies for INS agents.

   Second, it enhances information sharing. It contains provisions that concern how we get information that is critical to law enforcement available to all the Federal agencies and State and local law enforcement personnel who need to know what should be done to protect us and apprehend any violators. The INS, the Border Patrol, the Customs agents, the FBI--all of us need to have better cooperation.

   In October of last year, I also introduced a bill, along with my colleagues, Senators SCHUMER, LEAHY, and HATCH, that authorizes and encourages Federal intelligence agencies to share relevant information with State and local officials whenever appropriate. It is important, if something is known in one Federal agency that could affect residents of Niagra Falls, that information be shared in a timely manner.

   This reform act directs Federal law enforcement and intelligence agencies to share information with the INS and the State Department about the admissibility and deportation of non-U.S. citizens.

   It also calls upon the President to report regarding admission- and deportation-related law enforcement and intelligence information needed by the INS and the Department of State to develop a formal information sharing plan.

   Third, it addresses the issue of what is called ``interoperability'' of the INS systems. That is a long word which describes that sometimes the right hand of INS does not know what the left hand or the left foot is doing. That is why we ended up with this absurd situation in which the INS issued a visa for Mohamed Atta months after he piloted

[Page: S2695]  GPO's PDF
one of those planes into the World Trade Center Towers. It was a terrible mistake that never should have happened.

   The problem is the databases and data systems do not talk to each other; they are not up to speed. They would not even pass muster in most businesses in America today. This bill calls upon the President to develop and implement an interoperable law enforcement and data system for visa admissibility and deportation determination purposes. The INS must integrate their systems. They have antiquated systems that do not do the job, that cannot even talk to each other.

   It also requires the State Department, upon issuing a visa , to provide the INS with an electronic version of the alien's visa file before the alien enters the United States. In addition to addressing this issue of interoperability, the bill also requires relevant Federal agencies to work toward implementing an integrated entry and exit system and to move toward developing and using tamper-resistant, machine-readable documents containing biometric identifiers.

   If we are able to put into the sky robot-controlled, predator aircraft to track down and take out enemy artillery installations, we ought to be able to figure out how to have a decent data system for the INS that can provide information to us and uses biometric identifiers right here on the ground to track down, deport, or arrest wherever necessary anyone who intends to do us harm.

   Next, we have to have the assurance that citizens of countries that sponsor terrorism will not be allowed to enter this country unless the Secretary of State determines that the person seeking entry does not pose a security threat to the United States.

   We have made it very easy for people to come back and forth. That is the American tradition. Unfortunately, what we learned on 9-11 is that some people in some countries take advantage of our hospitality and our welcome to the United States. We have to support this provision which starts from the premise that if you are coming from a state-sponsored terrorism base, even if you are totally innocent--you have nothing to do with the intelligence services, you have nothing to do with terrorism --the burden is on you. We need to shift that presumption to make sure we are not letting in people who are part of a terrorist network.

   Finally, with respect to foreign student visas and exchange visitors, the bill requires the Justice Department to develop an electronic means of verifying and monitoring the Foreign Student and Exchange Visitor Information Program, including aspects of documentation and visa issuance, U.S. admission, institution notification, documentation transmittal, registration, and enrollment.

   All educational institutions at which foreign students are registered must notify the INS of the failure of such a student or an exchange visitor to enroll within 30 days of the registration deadline.

   Education is a privilege, and we are very pleased that in our country we offer so many first-rate educational institutions to students from around the world, but again we have to be smart about this. We cannot let anyone take advantage of our openness. We have to have a system so if someone says he or she is coming to study at one of our universities, that is not the end; that is the beginning of the process to determine whether that actually is the fact or whether, as we unfortunately learned post-9-11, there are people who claim to be coming to this country to be students and that is not their intention whatsoever.

   These are a few of the many provisions in this bill that I believe would make us a safer nation by securing our borders. There are probably no people in our country more committed to passing this legislation than the Families of September 11. I have heard from a number of the widows and parents of victims who have made it very clear this is their top priority. MaryEllen Salamone, whose husband John was killed by the terrorists on September 11 at the World Trade Center, was in Washington this past Friday representing Families of September 11 to urge us to act. She appeared before the Immigration Subcommittee of the Judiciary Committee and said that all of us need to heed the warnings we now know were flashing but no one could see them, read them, understand or apply them, so that we must now act to make sure nothing like this can happen again.

   The legislation is long overdue. It is much needed, and I call upon all of our colleagues to support it as soon as possible.


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