t5 b65 gao visa docs 5 of 6 fdr- pre-7!22!02 gao memo re patriot act re visa- border security 813

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Provisions of USA Patriot Act relating to Visa and Border Security job(Prepared by Mary Moutsos, GAO/OGC)

1) Northern Border Personnel:a. Caps on personnel: Section 401 of the Act authorizes the Attorney Generalto waiveany FTE1 cap on personnel assigned to the INS on the Northernborder.b. Appropriations for personnel: Section 402 authorizes the appropriation ofsums necessary to triple the number of Border Patrol personnel, CustomsService personnel and INS inspectors in each State along the Northern border.It also authorizes $50 million each to the INS and the Customs Service tomake improvements in technology for monitoring the Northern Border andacquiring additional equipment at the Northern Border.

2) Access by State and INS to FBI's NCIC Files of Visa and Admission Applicantsand Development of a Technology Standard to Confirm Identity:

a. Access by State and INS to FBI's NCIC Files of Visa and AdmissionApplicants: Section 403 amends the E N A to require the Attorney General andthe FBI to provide the Department of State and the INS with access to certainfiles for the purpose ofdetermining whether or not a visa applicant orapplicant for admission has a criminal history record indexed in any such file.Such files are the criminal history record information contained in theNational Crime Information Center's Interstate Identification Index (NCIC -HI), Wanted Persons File, and any other files maintained by the NCIC thatmay be mutually agreed upon by the Attorney General and the agencyreceiving access.The FBI will provide access without charge except, at least initially, forfingerprint processing. The Dept. of State will promulgate regulations toimplement procedures for the taking of fingerprints and to ensure theconfidentiality and appropriate use of the FBI information.

b. Development of a Technology Standard to Confirm Identity: Section 403also directs the Attorney General and the Secretary of State, to develop andcertify, within tw o years of enactment, a technology standard to verify th eidentity of visa and admission applicants for the purpose of conductingbackground checks, confirming identities and ensuring that a person has notreceived a visa under a different name.

The technology standard developed shall be the basis for a cross-agency,cross-platform electronic system that is a cost-effective, efficient, fullyintegrated means to share la w enforcement an d intelligence informationnecessary to confirm the identity of visa and admission applicants. Thiselectronic system, once implemented, shall be readily accessible to allconsular officers responsible for the issuance of visas and all federal

1 FTE refers to "full time equivalents." Generally, there is a cap on the number of work years or FTEsthatan agency can devote to a mission.


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inspection agents at all US border inspection points. Within 18 mon ths afterenactment, and every tw o years thereafter, th e Attorney General and theSecretary of State shall jo in tly report to Congress on the development,implementation, efficacy and privacy implications o f this technology standardan d electronic database system.3) INS Authority to Pay Overtime: Section 404 amends the Department of JusticeAppropriations Act to eliminate INS ove rtime restrictions for fiscal year 2001.4) Report on the Integrated Automated Fingerprint Identification System for Portsof Entry and Overseas Consular Posts: Section 405 directs the Attorne y General toreport to Congress on the feasibility of enhanc ing th e FBI's Integrated AutomatedFingerprint Identification System (IAFIS) and other identification system s to betteridentify foreign in dividuals wanted in connection with US or foreign criminalinvestigations before the y are issued a visa, or allowe d to enter or exit the U S.5) Definitions Relating to Terrorism: Un der prior law , there were five categories ofterrorism-related factors under which an alien could be rendered inadmissible.Section 411 of the U SA Patriot Act redefines two of these, (en gaging in terrorist

activity and representing a terrorist o rganization), and it adds three more, (espousingterrorist ac tivity, being the sp ouse or ch ild of an inadmissible alien, and associatingwith a terrorist o rganization an d intending to engage in activities that could endangerth e welfare, safety or security of the US).6) Multilateral Cooperation against Terrorists: Section 413 amends the INA to allowth e Secretary of State to provide other coun tries, on the basis of reciprocity, w ithinformation in the Deptartment of State's computerized visa lookout database toprevent acts such as terrorism, drug traffickin g, an d smuggling of aliens.7) Visa Integrity and Security: Section 41 4 expresses the sense of Congress that theAttorney General should fully implement th e integrated e ntry an d exit data system fo rairports, seaports and land border po rts of entry as quickly as possible. It authorizesappropriations as necessary.In developing this entry an d exit system , Section 41 4 also directs th e AttorneyGeneral and the Secretary of State to focus particularly on the utilization of biometrictechnology and the development of tamper-resistant docum ents readable at ports ofentry. The section further directs that th e system shall be able to interface with lawenforcement databases for use by federal law enforcement to identify an d detainindividuals w ho pose a threat to the national security of the U S.Section 414 also directs the office of Hom eland Se curity to subm it a report toCongress, within one year of enactment , on wh at information is needed from USagencies to screen visa an d admission applicant to identify those affiliated withterrorist o rganizations, or who otherw ise pose a thre at to national security. Thisreport sh ould inc lude th e type of information currently received by US agencies an dth e regularity with which such information is transmitted to the Secretary of State an dth e Attorne y General.8) Foreign Student M onitoring Program: Section 41 6 directs th e Attorney General tofully implement an d expand th e Foreign Student Visa Mon itoring Programestablished by section 614 of the Illegal Immigration Reform an d Immigrant


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Responsibi l i ty Act of 1996 (8 USC 1372(a)). Information collected under thisprogram shall include information on the date of entry an d port of entry. The sectionalso e xpands th e program to inc lude other approved educational inst i tutions in thereporting requiremen ts, including flight schools, language trainin g schools an dvocational schools.9) Machine Readable Passports: Section 417 directs the Secretary of State to (1)report to Congress on its audit of the implementation of the Machine ReadablePassport Program under the Visa W aiver Program for certain countries, (2) check forthe implementation of measures to prevent the counterfeit ing an d theft of passports,an d (3) determine if Visa Waiver program countries have established a program todevelop tamp er-resistant passports. In addition, the section amends the INA to statethat, unless granted a waiver by the Secretary of State, th e alien enter ing under th eVisa Waiver program m ust, as of October 2003, present a machine-readable passport.Originally, the date was Oct. 1, 2007.10) Prevention of Consulate Shopping: Section 418 directs the Secretary of State toreview ho w con sular officers issue visas to determine if consular shopping is a

problem, and if it is, take steps to address it, and report to Congress on what actionswere taken.


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Provisions that assist consular officers on how to screen for terrorists in the visaprocess

Legislation;1) Definition of terrorist an d terrorist related ac tivity that ca n render an alien excludable.INA 212(a)(3)(B).2) Requirement that Consular officials do CLASS na me check. 140(c) of P.L. 103-236.3) Access by State and INS to FBI's NCIC Files of Visa an d Adm ission A pplicants:Section 403 of the USA PATRIOT ac t amended 105 of the INA.4) Development of a Technology Standard to Verify Identity of Visa and Ad missionapplicants. Section 403 USA PATRIOT Act.5) Report to Congress on the Integrated Autom ated Fingerprint Identification and otheridentification systems for use in the visa process system for Ports of Entry andOverseas Consular Posts. Section 405 USA PATRIOT Act.6) Review how consular officers issue visas to determine if consular shopping is aproblem, a nd if it is, take steps to ad dress it, and report to Congress on wh at actionswere taken. Section 41 8 USA PATRIOT Act.

Regulations:1) General guida nce for issuing visas: 22 CFR 41.113.a. Spot reserved in CFR for terrorism but not yet utilized. 22 CFR 40.32.

Procedures:1) Ad jud icatin g Ineligibility Under INA 212 (a)(3)(B) [terrorism exclusion] FAM 40.322) Procedural Notes FA M 41.106 (Includes procedures for CLASS database)3) Con sular duties. 9 FA M Part IV, Ap pend ix G. Th is section includes reference toSpecial Clearance and Issuance Procedures w hich are foun d on the internet athttp ://travel. state.gov/reciprocity/index .htm.a) The consular officer is responsible for cond ucting as complete a clearance as isnecessary to establish th e eligibility of the applicant to receive a visa. Thisresponsibility includes:i) Checking th e Consu lar Lookout and Support System (CLASS) and otherappropriate post records in all cases [See 9 FAM Appendix G, 200];ii) Completing clearance procedures with other posts when indicated [See 9FAM Appendix G, 300];iii) Requesting Washington agency nam e checks or security advisory opinions

(SAOs) from th e Department wh en required [See 9 FAM Appendix G, 400an d 9 FAM Appendix G, 500]; andiv) In certain cases, su bm itting the origina l visa application (Form OF-156), or acopy thereof, to the FBI [See 9FAM Appendix F, 600].4) VISA VIPER system to collect info on terrorists before they apply for a visa. FAM40.32.


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f:pub!056.107]271]]

UNITING AND STRENGTHENING AMERICA BY PROVIDING APPROPRIATE TOOLSTO INTERCEPT AND OBSTRUCT TERRO RISM (USA PATRIOT ACT)ACT OF

2001

272]]blic Law 107-56

CongressAn Act

o deter and punish terrorist acts in th e United States and around theworld, to enhance law enforcement inves tigatory tools, and for other

purposes. NOTE: Oct. 26, 20 01 - [H.R. 3162]Be it enacted by the Senate and House of Representatives of the

States of America NOTE: Uniting and Strengthening America byAppropriate Tools Required to I ntercept and Obstruct Terrorism

PATRIOT ACT) ct of 2001. in Congr ess assembled,1. SHORT TITLE AND TABLE OF CONTE NTS.

0 Short NOTE: 18 USC 1 note. Ti tie.--This Act may be cited as"Uniting and Strengthening America b y Providing Appropriate Tools

to Intercept and Obstruct Terror ism (USA PATRIOT ACT)Act of1 1 . ~'~~-~-~- ~~ *(b) Table of Contents. --The table of contents for this Act is as

1. Short title and table o f contents .2. Construction; severability.

TITLE I --ENHANCING DOMESTIC SECURITY AGAINST TERRO RISM101. Counterterrorism fund.102. Sense of Congress condemning di scrimination against Arab and

Muslim Americans.103. Increased funding for the techn ical support center at the

Federal Bureau of Investigatio n.104. Requests for military assistanc e to enforce prohibition in

certain emergencies.105.Expansion of National Electroni c Crime Task Force Initiative.106.Presidential authority.

TITLE II --ENHANCED SURVEILLANCE PROCEDURES201. uthority to intercept wire, or a l, and electronic

communications relating to ter rorism.Authority to intercept wire, or al, and electroniccommunications relating to com puter fraud and abuse offenses.Authority to share criminal inv estigative information.

204. larification of intelligence e xceptions from limitations on jinterception and disclosure of wire, oral, and electronic /f

*""%_y

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