II

106TH CONGRESS

1ST SESSION S. 745

To amend the Illegal Immigration Reform and Immigrant Responsibility

Act of 1996 to modify the requirements for implementation of an entryexit control system.

IN THE SENATE OF THE UNITED STATES

MARCH 25, 1999

Mr. ABRAHAM (for himself, Mr. KENNEDY, Mr. GRAMS, Mr. LEAHY, Mr.

GRAHAM, Mr. BURNS, Mr. MCCAIN, Ms. SNOWE, Mr. DEWINE, Mr. JEFFORDS, Mr. GORTON, Mr. CRAIG, Mr. LEVIN, Mr. SCHUMER, Mrs. MURRAY, Mr. MURKOWSKI, Mr. MOYNIHAN, Mr. MACK, Mr. SMITH of Oregon, Mr. DORGAN, Mr. SANTORUM, Mr. COCHRAN, Mr. INOUYE, and

Ms. COLLINS) introduced the following bill; which was read twice and referred to the Committee on the Judiciary

A BILL

To amend the Illegal Immigration Reform and Immigrant

Responsibility Act of 1996 to modify the requirements

for implementation of an entry-exit control system.

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled,

3 SECTION 1. SHORT TITLE.

4 This Act may be cited as the ‘‘Border Improvement

5 and Immigration Act of 1999’’.
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1 SEC. 2. AMENDMENT OF THE ILLEGAL IMMIGRATION RE2 FORM AND IMMIGRANT RESPONSIBILITY ACT

3 OF 1996.

4 (a) IN GENERAL.—Section 110(a) of the Illegal Im5 migration Reform and Immigrant Responsibility Act of

6 1996 (8 U.S.C. 1221 note) is amended to read as follows:

7 ‘‘(a) SYSTEM.—

8 ‘‘(1) IN GENERAL.—Subject to paragraph (2),

9 not later than 2 years after the date of enactment

10 of this Act, the Attorney General shall develop an

11 automated entry and exit control system that will—

12 ‘‘(A) collect a record of departure for every

13 alien departing the United States and match

14 the record of departure with the record of the

15 alien’s arrival in the United States; and

16 ‘‘(B) enable the Attorney General to iden17 tify, through on-line searching procedures, law18 fully admitted nonimmigrants who remain in

19 the United States beyond the period authorized

20 by the Attorney General.

21 ‘‘(2) EXCEPTION.—The system under para22 graph (1) shall not collect a record of arrival or

23 departure—

24 ‘‘(A) at a land border or seaport of the

25 United States for any alien; or
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1 ‘‘(B) for any alien for whom the documen2 tary requirements in section 212(a)(7)(B) of

3 the Immigration and Nationality Act have been

4 waived by the Attorney General and the Sec5 retary of State under section 212(d)(4)(B) of

6 the Immigration and Nationality Act.’’.

7 (b) EFFECTIVE DATE.—The amendment made by

8 subsection (a) shall take effect as if included in the enact9 ment of the Illegal Immigration Reform and Immigrant

10 Responsibility Act of 1996 (division C of Public Law 104–

11 208; 110 Stat. 3009–546).

12 SEC. 3. REPORT ON AUTOMATED ENTRY-EXIT CONTROL

13 SYSTEM.

14 (a) REQUIREMENT.—Not later than 1 year after the

15 date of enactment of this Act, the Attorney General shall

16 submit a report to the Committees on the Judiciary of

17 the Senate and the House of Representatives on the feasi18 bility of developing and implementing an automated entry19 exit control system that would collect a record of depar20 ture for every alien departing the United States and match

21 the record of departure with the record of the alien’s ar22 rival in the United States, including departures and arriv23 als at the land borders and seaports of the United States.

24 (b) CONTENTS OF REPORT.—Such report shall—
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1 (1) assess the costs and feasibility of various

2 means of operating such an automated entry-exit

3 control system, including exploring—

4 (A) how, if the automated entry-exit con5 trol system were limited to certain aliens arriv6 ing at airports, departure records of those

7 aliens could be collected when they depart

8 through a land border or seaport; and

9 (B) the feasibility of the Attorney General,

10 in consultation with the Secretary of State, ne11 gotiating reciprocal agreements with the gov12 ernments of contiguous countries to collect such

13 information on behalf of the United States and

14 share it in an acceptable automated format;

15 (2) consider the various means of developing

16 such a system, including the use of pilot projects if

17 appropriate, and assess which means would be most

18 appropriate in which geographical regions;

19 (3) evaluate how such a system could be imple20 mented without increasing border traffic congestion

21 and border crossing delays and, if any such system

22 would increase border crossing delays, evaluate to

23 what extent such congestion or delays would in24 crease; and
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1 (4) estimate the length of time that would be

2 required for any such system to be developed and

3 implemented.

4 SEC. 4. ANNUAL REPORTS ON ENTRY-EXIT CONTROL AND

5 USE OF ENTRY-EXIT CONTROL DATA.

6 (a) ANNUAL REPORTS ON IMPLEMENTATION OF

7 ENTRY-EXIT CONTROL AT AIRPORTS.—Not later than 30

8 days after the end of each fiscal year until the fiscal year

9 in which the Attorney General certifies to Congress that

10 the entry-exit control system required by section 110(a)

11 of the Illegal Immigration Reform and Immigrant Respon12 sibility Act of 1996, as amended by section 2 of this Act,

13 has been developed, the Attorney General shall submit to

14 the Committees on the Judiciary of the Senate and the

15 House of Representatives a report that—

16 (1) provides an accurate assessment of the sta17 tus of the development of the entry-exit control sys18 tem;

19 (2) includes a specific schedule for the develop20 ment of the entry-exit control system that the Attor21 ney General anticipates will be met; and

22 (3) includes a detailed estimate of the funding,

23 if any, needed for the development of the entry-exit

24 control system.
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1 (b) ANNUAL REPORTS ON VISA OVERSTAYS IDENTI2 FIED THROUGH THE ENTRY-EXIT CONTROL SYSTEM.—

3 Not later than June 30 of each year, the Attorney General

4 shall submit to the Committees on the Judiciary of the

5 House of Representatives and the Senate a report that

6 sets forth—

7 (1) the number of arrival records of aliens and

8 the number of departure records of aliens that were

9 collected during the preceding fiscal year under the

10 entry-exit control system under section 110(a) of the

11 Illegal Immigration Reform and Immigrant Respon12 sibility Act of 1996, as so amended, with a separate

13 accounting of such numbers by country of nation14 ality;

15 (2) the number of departure records of aliens

16 that were successfully matched to records of such

17 aliens’ prior arrival in the United States, with a sep18 arate accounting of such numbers by country of na19 tionality and by classification as immigrant or non20 immigrant; and

21 (3) the number of aliens who arrived as non22 immigrants, or as visitors under the visa waiver pro23 gram under section 217 of the Immigration and Na24 tionality Act, for whom no matching departure

25 record has been obtained through the system, or
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1 through other means, as of the end of such aliens’

2 authorized period of stay, with an accounting by

3 country of nationality and approximate date of ar4 rival in the United States.

5 (c) INCORPORATION INTO OTHER DATABASES.—In6 formation regarding aliens who have remained in the

7 United States beyond their authorized period of stay that

8 is identified through the system referred to in subsection

9 (a) shall be integrated into appropriate databases of the

10 Immigration and Naturalization Service and the Depart11 ment of State, including those used at ports-of-entry and

12 at consular offices.

13 SEC. 5. AUTHORIZATION OF APPROPRIATIONS FOR BOR14 DER CONTROL AND ENFORCEMENT ACTIVI15 TIES OF THE IMMIGRATION AND NATU16 RALIZATION SERVICE.

17 (a) AUTHORIZATION.—In order to enhance enforce18 ment and inspection resources on the land borders of the

19 United States, enhance investigative resources for

20 anticorruption efforts and efforts against drug smuggling

21 and money-laundering organizations, reduce commercial

22 and passenger traffic waiting times, and open all primary

23 lanes during peak hours at major land border ports of

24 entry on the Southwest and Northern land borders of the

25 United States, in addition to any other amounts appro-
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1 priated, there are authorized to be appropriated for sala2 ries, expenses, and equipment for the Immigration and

3 Naturalization Service for purposes of carrying out this

4 section—

5 (1) $119,604,000 for fiscal year 2000;

6 (2) $123,064,000 for fiscal year 2001; and

7 (3) such sums as may be necessary in each fis8 cal year thereafter.

9 (b) USE OF CERTAIN FISCAL YEAR 2000 FUNDS.—

10 Of the amounts authorized to be appropriated under sub11 section (a)(1) for fiscal year 2000 for the Immigration and

12 Naturalization Service, $19,090,000 shall be available

13 until expended for acquisition and other expenses associ14 ated with implementation and full deployment of narcotics

15 enforcement and other technology along the land borders

16 of the United States, including—

17 (1) $11,000,000 for 5 mobile truck x-rays with

18 transmission and backscatter imaging to be distrib19 uted to border patrol checkpoints and in secondary

20 inspection areas of land border ports-of-entry;

21 (2) $200,000 for 10 ultrasonic container in22 spection units to be distributed to border patrol

23 checkpoints and in secondary inspection areas of

24 land border ports-of-entry;
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1 (3) $240,000 for 10 Portable Treasury En2 forcement Communications System (TECS) termi3 nals to be distributed to border patrol checkpoints;

4 (4) $5,000,000 for 20 remote watch surveil5 lance camera systems to be distributed to border pa6 trol checkpoints and at secondary inspection areas of

7 land border ports-of-entry;

8 (5) $180,000 for 36 AM radio ‘‘Welcome to the

9 United States’’ stations located at permanent border

10 patrol checkpoints and at secondary inspection areas

11 of land border ports-of-entry;

12 (6) $875,000 for 36 spotter camera systems lo13 cated at permanent border patrol checkpoints and at

14 secondary inspection areas of land border ports-of15 entry; and

16 (7) $1,600,000 for 40 narcotics vapor and par17 ticle detectors to be distributed to border patrol

18 checkpoints and at secondary inspection areas of

19 land border ports-of-entry.

20 (c) USE OF CERTAIN FUNDS AFTER FISCAL YEAR

21 2001.—Of the amounts authorized to be appropriated

22 under paragraphs (2) and (3) of subsection (a) for the

23 Immigration and Naturalization Service for fiscal year

24 2000 and each fiscal year thereafter, $4,773,000 shall be

25 for the maintenance and support of the equipment and
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1 training of personnel to maintain and support the equip2 ment described in subsection (b), based on an estimate

3 of 25 percent of the cost of such equipment.

4 (d) USE OF FUNDS FOR NEW TECHNOLOGIES.—

5 (1) IN GENERAL.—The Attorney General may

6 use the amounts authorized to be appropriated for

7 equipment under this section for equipment other

8 than the equipment specified in subsection (b) if

9 such other equipment—

10 (A)(i) is technologically superior to the

11 equipment specified in subsection (b); and

12 (ii) will achieve at least the same results at

13 a cost that is the same or less than the equip14 ment specified in subsection (b); or

15 (B) can be obtained at a lower cost than

16 the equipment authorized in subsection (b).

17 (2) TRANSFER OF FUNDS.—Notwithstanding

18 any other provision of this section, the Attorney

19 General may reallocate an amount not to exceed 10

20 percent of the amount specified in paragraphs (1)

21 through (7) of subsection (b) for any other equip22 ment specified in subsection (b).

23 (e) PEAK HOURS AND INVESTIGATIVE RESOURCE

24 ENHANCEMENT.—Of the amounts authorized to be appro25 priated under paragraphs (1) and (2) of subsection (a)
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1 for the Immigration and Naturalization Service for fiscal

2 years 1999 and 2000, $100,514,000 in fiscal year 2000

3 and $121,555,000 for fiscal year 2001 shall be for—

4 (1) a net increase of 535 inspectors for the

5 Southwest land border and 375 inspectors for the

6 Northern land border, in order to open all primary

7 lanes on the Southwest and Northern borders during

8 peak hours and enhance investigative resources;

9 (2) in order to enhance enforcement and reduce

10 waiting times, a net increase of 100 inspectors and

11 canine enforcement officers for border patrol check12 points and ports-of-entry, as well as 100 canines and

13 5 canine trainers;

14 (3) 100 canine enforcement vehicles to be used

15 by the Immigration and Naturalization Service for

16 inspection and enforcement at the land borders of

17 the United States;

18 (4) a net increase of 40 intelligence analysts

19 and additional resources to be distributed among

20 border patrol sectors that have jurisdiction over

21 major metropolitan drug or narcotics distribution

22 and transportation centers for intensification of ef23 forts against drug smuggling and money-laundering

24 organizations;
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1 (5) a net increase of 68 positions and additional

2 resources to the Office of the Inspector General of

3 the Department of Justice to enhance investigative

4 resources for anticorruption efforts; and

5 (6) the costs incurred as a result of the increase

6 in personnel hired pursuant to this section.

7 SEC. 6. AUTHORIZATION OF APPROPRIATIONS FOR BOR8 DER CONTROL AND ENFORCEMENT ACTIVI9 TIES OF THE UNITED STATES CUSTOMS

10 SERVICE.

11 (a) AUTHORIZATION.—In order to enhance border in12 vestigative resources on the land borders of the United

13 States, enhance investigative resources for anticorruption

14 efforts, intensify efforts against drug smuggling and

15 money-laundering organizations, process cargo, reduce

16 commercial and passenger traffic waiting times, and open

17 all primary lanes during peak hours at certain ports on

18 the Southwest and Northern borders, in addition to any

19 other amount appropriated, there are authorized to be ap20 propriated for salaries, expenses, and equipment for the

21 United States Customs Service for purposes of carrying

22 out this section—

23 (1) $161,248,584 for fiscal year 2000;

24 (2) $185,751,328 for fiscal year 2001; and
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1 (3) such sums as may be necessary in each fis2 cal year thereafter.

3 (b) USE OF CERTAIN FISCAL YEAR 2000 FUNDS.—

4 Of the amounts authorized to be appropriated under sub5 section (a)(1) for fiscal year 2000 for the United States

6 Customs Service, $48,404,000 shall be available until ex7 pended for acquisition and other expenses associated with

8 implementation and full deployment of narcotics enforce9 ment and cargo processing technology along the land bor10 ders of the United States, including—

11 (1) $6,000,000 for 8 Vehicle and Container In12 spection Systems (VACIS);

13 (2) $11,000,000 for 5 mobile truck x-rays with

14 transmission and backscatter imaging;

15 (3) $12,000,000 for the upgrade of 8 fixed-site

16 truck x-rays from the present energy level of

17 450,000 electron volts to 1,000,000 electron volts

18 (1–MeV);

19 (4) $7,200,000 for 8 1–MeV pallet x-rays;

20 (5) $1,000,000 for 200 portable contraband de21 tectors (busters) to be distributed among ports

22 where the current allocations are inadequate;

23 (6) $600,000 for 50 contraband detection kits

24 to be distributed among border ports based on traf-
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1 fic volume and need as identified by the Customs

2 Service;

3 (7) $500,000 for 25 ultrasonic container in4 spection units to be distributed among ports receiv5 ing liquid-filled cargo and ports with a hazardous

6 material inspection facility, based on need as identi7 fied by the Customs Service;

8 (8) $2,450,000 for 7 automated targeting sys9 tems;

10 (9) $360,000 for 30 rapid tire deflator systems

11 to be distributed to those ports where port runners

12 are a threat;

13 (10) $480,000 for 20 Portable Treasury En14 forcement Communications System (TECS) termi15 nals to be moved among ports as needed;

16 (11) $1,000,000 for 20 remote watch surveil17 lance camera systems at ports where there are sus18 picious activities at loading docks, vehicle queues,

19 secondary inspection lanes, or areas where visual

20 surveillance or observation is obscured, based on

21 need as identified by the Customs Service;

22 (12) $1,254,000 for 57 weigh-in-motion sensors

23 to be distributed among the ports on the Southwest

24 border with the greatest volume of outbound traffic;
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1 (13) $180,000 for 36 AM radio ‘‘Welcome to

2 the United States’’ stations, with one station to be

3 located at each border crossing point on the South4 west border;

5 (14) $1,040,000 for 260 inbound vehicle

6 counters to be installed at every inbound vehicle lane

7 on the Southwest border;

8 (15) $950,000 for 38 spotter camera systems to

9 counter the surveillance of Customs inspection ac10 tivities by persons outside the boundaries of ports

11 where such surveillance activities are occurring;

12 (16) $390,000 for 60 inbound commercial truck

13 transponders to be distributed to all ports of entry

14 on the Southwest border;

15 (17) $1,600,000 for 40 narcotics vapor and

16 particle detectors to be distributed to each border

17 crossing on the Southwest border; and

18 (18) $400,000 for license plate reader auto19 matic targeting software to be installed at each port

20 on the Southwest border to target inbound vehicles.

21 (c) USE OF CERTAIN FUNDS AFTER FISCAL YEAR

22 2000.—Of the amounts authorized to be appropriated

23 under paragraphs (2) and (3) of subsection (a) for the

24 United States Customs Service for fiscal year 2001 and

25 each fiscal year thereafter, $4,840,400 shall be for the
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1 maintenance and support of the equipment and training

2 of personnel to maintain and support the equipment de3 scribed in subsection (b), based on an estimate of 10 per4 cent of the cost of such equipment.

5 (d) USE OF FUNDS FOR NEW TECHNOLOGIES.—

6 (1) IN GENERAL.—The Commissioner of Cus7 toms may use the amounts authorized to be appro8 priated for equipment under this section for equip9 ment other than the equipment specified in sub10 section (b) if such other equipment—

11 (A)(i) is technologically superior to the

12 equipment specified in subsection (b); and

13 (ii) will achieve at least the same results at

14 a cost that is the same or less than the equip15 ment specified in subsection (b); or

16 (B) can be obtained at a lower cost than

17 the equipment authorized in paragraphs (1)

18 through (18) of subsection (b).

19 (2) TRANSFER OF FUNDS.—Notwithstanding

20 any other provision of this section, the Commissioner

21 of Customs may reallocate an amount not to exceed

22 10 percent of the amount specified in paragraphs

23 (1) through (18) of subsection (b) for any other

24 equipment specified in such paragraphs.
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1 (e) PEAK HOURS AND INVESTIGATIVE RESOURCE

2 ENHANCEMENT.—Of the amounts authorized to be appro3 priated under paragraphs (1) and (2) of subsection (a)

4 for the United States Customs Service for fiscal years

5 1999 and 2000, $112,844,584 in fiscal year 2000 and

6 $180,910,928 for fiscal year 2001 shall be for—

7 (1) a net increase of 535 inspectors and 60 spe8 cial agents for the Southwest border and 375 inspec9 tors for the Northern border, in order to open all

10 primary lanes on the Southwest and Northern bor11 ders during peak hours and enhance investigative re12 sources;

13 (2) a net increase of 285 inspectors and canine

14 enforcement officers to be distributed at large cargo

15 facilities as needed to process and screen cargo (in16 cluding rail cargo) and reduce commercial waiting

17 times on the land borders of the United States;

18 (3) a net increase of 360 special agents, 40 in19 telligence analysts, and additional resources to be

20 distributed among offices that have jurisdiction over

21 major metropolitan drug or narcotics distribution

22 and transportation centers for intensification of ef23 forts against drug smuggling and money-laundering

24 organizations;
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1 (4) a net increase of 50 positions and additional

2 resources to the Office of Internal Affairs to enhance

3 investigative resources for anticorruption efforts;

4 and

5 (5) the costs incurred as a result of the increase

6 in personnel hired pursuant to this section.

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