[Congressional Record Volume 148, Number 42 (Tuesday, April 16, 2002)]
[Senate]
[Pages S2694-S2695]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




           ENHANCED BORDER SECURITY AND VISA ENTRY REFORM ACT

  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]]

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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