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Comparison
of USA PATRIOT Law and Selected Visa Reform Proposals
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USA
PATRIOT Law
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S.
1627
Original Feinstein/Kyl
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S.
1749
Kennedy/Feinstein Compromise
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H.R.
3525
As passed by the House
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Integration
of internal INS databases
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Requires
Homeland Security to establish and supervise development of a
comprehensive database to screen all visa applicants and applicants
for admission to the US
Requires
Homeland Security to report its progress to Congress within 3
mos of enactment
Requires
all data on foreign students to be included in the centralized
database
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Establishes
a new database for arrival/departure records; requires all "security"
databases relevant to admissibility determinations to be interoperable
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Requires
full integration and interoperability of all internal INS databases
containing information on aliens
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Integration
of INS and law enforcement data systems
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Requires
final entry/exit system (Sec. 110 of IIRAIRA) to be interfaced
with law enforcement databases
Requires
Homeland Security to report within 1 yr on data needed to screen
visa applicants
Requires
the FBI to provide State and INS access to extracts of certain
FBI records
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Requires
the AG to prescribe regs so info from INS, federal, state and
local law enforcement, and the intelligence community can be submitted
for inclusion in the centralized database
Directs
that federal law enforcement personnel have direct access to the
database
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Requires
President to submit report within 3 mos on data needed to screen
visa applicants and specific recommendations on selection and
use of biometric identifiers; repeals PATRIOT law’s 1-yr
deadline for similar report; requires implementation of plan to
share law enforcement data within 1 yr of enactment
Requires
federal law enforcement and intelligence agencies to share info
on terrorists
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Requires
President to implement within one year of enactment a plan for
data sharing between federal law enforcement/ intelligence and
State and INS
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Information
sharing among federal agencies
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Requires
State and Justice to develop and certify within 2 yrs an integrated,
cross-agency technology standard to confirm identity
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Directs
that the centralized database is to be accessible by INS and Customs
inspectors, federal law enforcement and intelligence agencies
Requires
any law enforcement agency that has info about visa violators
to report it to the AG, who is to enter it into centralized database
Requires
consular officers to transmit to INS an electronic version of
the files of all approved visa applicants before the alien arrives
at a port of entry
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Replaces
PATRIOT Law’s 2-yr deadline with a 1-yr deadline for development
and certification of an interoperable, cross-agency technology
standard to confirm identity; State, federal law enforcement and
federal officials responsible for determining admissibility or
deportability are to have access
Requires
consular officers to transmit to INS an electronic version of
the files of all approved visa applicants before the alien arrives
at a port of entry
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Requires
President to implement an interoperable electronic data system
that includes biometric identifiers to provide State and INS access
to law enforcement/ intelligence information relevant to visa
and admissibility determinations
Requires
consular officers to transmit to INS an electronic version of
the files of all approved visa applicants before the alien arrives
at a port of entry
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Information
sharing between federal and local law enforcement
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Expands
the Regional Information Sharing System to facilitate federal,
state and local law enforcement efforts to investigate and prosecute
terrorist activities
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Requires
state and local law enforcement agencies to report info on visa
violations to the AG
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Perimeter
national security program
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Requires
a cross-agency study of the feasibility of a North American perimeter
defense program to coordinate counter-terrorist efforts among
the US, Canada and Mexico
Requires
a report to Congress within 6 mos
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Requires
President to study the feasibility of a North American perimeter
defense program to coordinate counter-terrorist efforts among
the US, Canada and Mexico
Requires
a report to Congress within one year
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Expedited
automated entry-exit system
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Sense
of Congress that implementation of Sec. 110 of IIRAIRA should
be expedited, but does not affect current deadlines (2003 for
airports/seaports; 2004 for high-traffic land ports; 2005 for
final implementation)
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Requires
expedited planning and reports to Congress on progress, but does
not affect current deadlines for final implementation
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Requires
expedited planning and reports to Congress on progress, but does
not affect current deadlines for implementation
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Requires
standards and interoperability in system, but does not affect
current deadlines for final implementation
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Mandatory
installation of biometric data readers and scanners at all ports
of entry
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Requires
installation of readers at all ports of entry within 1 yr of enactment
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Requires
that installation of readers begins within 1 yr of enactment
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Requires
installation at all ports of entry by Oct. 2003
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Border
Crossing Card deadline
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Extends
deadline by 1 yr
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Extends
deadline by 1 year
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Use
of biometric identifiers for all aliens
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Directs
AG to "focus" on the use of biometrics in developing
the entry/exit system
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Requires
all visa applicants, all nationals of visa waiver countries, and
all holders of federally issued immigration documents to submit
biometric data
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Requires
all visa applicants and all nationals of visa waiver countries
to submit biometric data
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Requires
all visa applicants and all nationals of visa waiver countries
to submit biometric data for admission by Oct. 2003
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Mandatory
fingerprinting of all visa applicants
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Directs
the AG to establish within 6 mos of enactment a plan to upgrade
the INS data system to include electronic fingerprints and photos
for all visa holders
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Mandatory
use of biometrics for all nonimmigrants
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Prohibits
issuance of any nonimmigrant visa until the applicant has submitted
fingerprints or other required biometric data
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Requires
all visa applicants to submit biometric data
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Requires
all visa applicants to submit biometric data
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Inclusion
of biometric identifier for visa waiver states
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Requires
that, within 2 yrs of enactment, countries must include biometric
identifiers on their machine-readable passports in order to participate
in the visa waiver program
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Requires
tamper resistant, biometric, machine-readable passports
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Requires
tamper resistant, biometric, machine-readable passports by Oct.
2003
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Reform
of visa waiver program
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Requires
Sec of State annually to audit implementation of the requirement
that visa waiver countries issue machine-readable passports
Advances
from 2007 to 2003 the deadline by which countries must issue machine-readable
passports to qualify as visa waiver countries
Allows
Sec of State to waive above requirement if a country is "making
progress" on compliance and has taken steps to reduce misuse
of current passports
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Directs
that, within 1 yr of enactment, a country may only participate
in the visa waiver program if the AG and Sec of State determine
that the country transmits to the US in a timely manner reports
of thefts of passports issued by that country
Authorizes
the AG to terminate the designation of a country as a participant
upon a determination that continued participation would pose a
risk to national security
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In
determining participant countries, requires the AG and Sec of
State to consider whether the country reports to US in a timely
manner the theft of blank passports issued by that country
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In
determining participant countries, requires the AG and Sec of
State to consider whether the country reports to US in a timely
manner the theft of blank passports issued by that country
Requires
immigration inspectors at ports of entry to check visa-waiver
aliens against all appropriate lookout databases prior to admitting
them.
Requires
all data on stolen US or foreign passports to be entered into
the interoperable data system that shares law enforcement and
immigration data
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Ban
on issuance of F, J and M visas to nationals of terrorist-sponsoring
states
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Prohibits
the issuance of F, J and M visas to nationals terrorist-sponsoring
states unless the Sec of State, an Under-Sec or the Asst Sec for
Consular Affairs performs a heightened background check and certifies
that the alien does not pose a national security risk
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Expedited
foreign student tracking system
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Directs
the AG to fully implement the tracking system enacted in IIRAIRA
Authorizes
the AG to expand the system to additional educational institutions
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Requires
full implementation by 1/1/03
Requires
that all F, J and M visa holders and their sponsoring institutions
participate
Requires
sponsoring institutions to submit INS Form I-20 to State, rather
than to the foreign student
Requires
State to notify sponsoring institutions when a visa is issued
Prohibits
automatic extension of student visas; requires application for
extension and new background check
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Requires
the AG and Sec of State to establish an electronic means to monitor
and verify the sponsor’s acceptance documents, the issuance
of the visa, the alien’s admission into the US, notification
of the sponsor that the alien has arrived, and registration of
the alien at the sponsoring institution
Transitional
program — until tracking system is fully implemented, no
F or M visas may be issued until State receives documentation
of the alien’s acceptance and the consular officer has adequately
reviewed the applicant’s visa history; State is required
to notify INS of any visa issuance; INS is required to notify
the sponsoring institution when the alien enters the US
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Requires
the AG and Sec of State to establish an electronic means to monitor
and verify the sponsor’s acceptance documents, the issuance
of the visa, the alien’s admission into the US, notification
of the sponsor that the alien has arrived, and registration of
the alien at the sponsoring institution
Transitional
program — until tracking system is fully implemented, no
F or M visas may be issued until State receives documentation
of the alien’s acceptance and the consular officer has adequately
reviewed the applicant’s visa history; State is required
to notify INS of any visa issuance; INS is required to notify
the sponsoring institution when the alien enters the US
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Review
of compliance by sponsoring institutions
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Requires
INS periodically to conduct reviews to ensure that sponsors of
F, J and M visas are complying with recordkeeping and notification
requirements
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Requires
INS periodically to conduct reviews to ensure that sponsors of
F, J and M visas are complying with recordkeeping and notification
requirements
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Data
collection on foreign students
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Requires
the foreign-student database to include info on date and port
of entry
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Requires
collection of additional data, including date and port of entry,
date of enrollment, names/ addresses of family members, prior
work history
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Requires
collection of additional data, including date and port of entry,
date of enrollment, names/ addresses of family members, prior
work history
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Requires
collection of additional data, including date and port of entry,
date of enrollment, degree program/field of study, date of termination
of enrollment, names/ addresses of family members, prior work
history
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Terrorist
Lookout Committees
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Requires
establishment of such committees at each consular post; they are
supposed to identify potential terrorists and update and maintain
records in lookout database
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Requires
establishment of such committees at each consular post; they are
supposed to identify potential terrorists and update and maintain
records in lookout database
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Requires
establishment of such committees at each consular post; they are
supposed to identify potential terrorists and update and maintain
records in lookout database
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Mandatory
background check for all nonimmigrants
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Requires
State, prior to issuing any nonimmigrant visa, to get notification
from INS that a background review of the applicant has been conducted
and that the alien is not inadmissible based on that check
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Mandatory
background checks for all nonimmigrants from terrorist-sponsoring
states
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See
above; requires checks for all nonimmigrants
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Prohibits
issuance of nonimmigrant visas to such aliens unless the Sec.
of State determines that the alien poses no threat to safety or
national security
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Prohibits
issuance of nonimmigrant visas to such aliens unless the Sec.
of State determines that the alien poses no threat to safety or
national security
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School
reporting requirement
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Requires
schools to report within 30 days if a student fails to enroll
Requires
schools to submit quarterly reports to State on the status of
all foreign students
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Requires
schools to report within 30 days if a student fails to enroll
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Requires
schools to report within 30 days if a student fails to enroll
Requires
the AG to set periodic reporting requirements
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Use
of "smart" visas (machine-readable w/ biometric identifier)
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Directs
AG to "focus" on the use of biometric technology and
development of tamper-resistant, machine-readable documents in
developing the entry/exit system
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Requires
the AG and Sec of State to develop a Smart Visa system that includes
tamper-proof, machine-readable visas with biometric identifiers
and other data
Requires
the Smart Visa to be issued to every alien seeking to enter the
US
Requires
the Smart Visa to be scanned upon entry and departure
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Requires
development of a Smart Visa-based entry/exit system; requires
use of biometric identifiers in all new U.S. passports, arrival/departure
records, and visas
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Requires
all aliens to be issued machine-readable, tamper resistant, biometric
visas and travel and entry documents; such documents are to be
the basis of the entry/exit system
Requires,
beginning 180 days from enactment, that all new refugees and asylees
be issued employment authorization documents containing fingerprints
and photos
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Tamper-resistant
federal identification documents (Social Security cards, pilot’s
licenses)
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Requires
that federally issued identification documents, licenses and permits
are tamper-resistant
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Use
of biometric identifier on U.S. passports
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Requires
that, within 1 yr of enactment, all new US passports include biometric
identifiers
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Requires
biometrics on all new passports
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Tamper-resistant
immigration documents with biometric identifier (Green cards,
work authorization cards, etc.)
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Requires
that all new federally issued immigration documents, including
visas, Green cards and work authorization cards) are tamper-resistant
and contain biometric data
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Requires
that all visas and travel and entry documents issued to aliens
after Oct. 2003 be tamper resistant, biometric and machine-readable
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Advance
submission of passenger manifests
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Requires
advance arrival manifests from all commercial air, land and sea
carriers beginning 1/1/02
Requires
AG to check manifests against the centralized database
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Requires
advance arrival manifests from all commercial vessels and aircraft
coming to the US and advance departure manifests from all commercial
vessels and aircraft leaving the US
Authorizes
the AG to extend the requirement to public or private land carriers
transporting people to or from the US
Requires
all manifests to be transmitted electronically no later than 1/1/03
Establishes
a penalty for carriers of $300 for each person whose info was
not properly submitted
Carriers
will not be granted clearance to enter until all outstanding fines
are paid
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Requires
electronic submission of passenger manifests by Jan 2003.
Establishes
a penalty for carriers of $300 for each person whose info was
not properly submitted
Carriers
are not to be granted clearance to enter until all outstanding
fines are paid
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Repeal
of time limits on inspections
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Repeals
45-minute inspection limit
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Repeals
45-minute inspection limit
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Increased
Border Patrol personnel/resources
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Authorizes
tripling of Border Patrol personnel along Northern border
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Increased
INS enforcement personnel/resources
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Authorizes
tripling of INS inspectors along Northern border
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Authorizes
additional examinations personnel as necessary to do required
background checks on nonimmigrant visa applicants
Authorizes
the AG to waive any limits on the number of INS personnel and
hire 200 new inspectors/yr for 5 yrs
Authorizes
additional investigators as necessary to pursue visa violators
effectively
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Authorizes
the AG to waive any limits on the number of INS personnel and
hire 200 new inspectors/yr for 5 yrs
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Authorizes
the AG to waive any limits on the number of INS personnel
Requires
the AG to increase the number of inspectors, investigators and
support staff by at least 200 each year, over the level authorized
by the USA PATRIOT Act, between 2002 and 2006
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Treatment
of INS inspectors as law enforcement for retirement purposes
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Treats
inspectors as law enforcement personnel so they get better retirement
packages if they stay on the job
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Funding
for certain INS enforcement personnel to meet optimal staffing
levels based on current Workforce Analysis Models for US ports
of entry
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Authorizes
such funding; optimal staffing levels to be determined by INS
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Authorizes
an increase in the annual rate of basic pay for Border Patrol
agents, immigration inspectors and support staff
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Funding
for technology improvements in INS
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Authorizes
$50 million
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Authorizes
funding sufficient to carry out the provisions of the bill
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Authorizes
$150 million
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Authorizes
$150 million
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Increased
State Department personnel/resources
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Authorizes
funding for as many new consular officers as are "necessary
to achieve effective screening of visa applicants"
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Authorizes
the funding necessary to staff and implement the provisions of
the bill
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Increased
Customs personnel/resources
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Authorizes
tripling of Customs inspectors along Northern Border
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Authorizes
200 new inspectors/yr for 5 yrs
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Authorizes
200 new inspectors/yr for 5 yrs
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Funding
for technology improvements in Customs
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Authorizes
$50 million
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Authorizes
funding sufficient to carry out the provisions of the bill
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Authorizes
$150 million
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