II

Calendar No. 342

105TH CONGRESS

2D SESSION S. 1360

To amend the Illegal Immigration Reform and Immigrant Responsibility

Act of 1996 to clarify and improve the requirements for the development

of an automated entry-exit control system, to enhance land border control

and enforcement, and for other purposes.

IN THE SENATE OF THE UNITED STATES

NOVEMBER 4, 1997

Mr. ABRAHAM (for himself, Mr. KENNEDY, Mr. D’AMATO, Mr. LEAHY, Mr.

GRAMS, Mr. DORGAN, Ms. COLLINS, Mrs. MURRAY, Mr. BURNS, Ms.

SNOWE, Mr. GORTON, Mr. LEVIN, Mr. JEFFORDS, Mr. GRAHAM, Mr.

MURKOWSKI, Mr. CRAIG, Mr. MOYNIHAN, Mr. DEWINE, Mr. THURMOND,

Mr. COCHRAN, Mr. INOUYE, Ms. LANDRIEU, Mr. BAUCUS, Mr.

WELLSTONE, Mr. AKAKA, Mr. DURBIN, and Mr. KEMPTHORNE) introduced the following bill; which was read twice and referred to the Committee on the Judiciary

APRIL 23, 1998

Reported by Mr. HATCH, with an amendment in the nature of a substitute

[Strike out all after the enacting clause and insert the part printed in italic]

A BILL

To amend the Illegal Immigration Reform and Immigrant

Responsibility Act of 1996 to clarify and improve the

requirements for the development of an automated entryexit control system, to enhance land border control and

enforcement, and for other purposes.
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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 1997’’.

6 SEC. 2. AMENDMENT OF THE ILLEGAL IMMIGRATION RE7 FORM AND IMMIGRANT RESPONSIBILITY ACT

8 OF 1996.

9 (a) IN GENERAL.—Section 110(a) of the Illegal Im10 migration Reform and Immigrant Responsibility Act of

11 1996 (8 U.S.C. 1221 note) is amended to read as follows:

12 ‘‘(a) SYSTEM.—

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

14 not later than 2 years after the date of the enact15 ment of this Act, the Attorney General shall develop

16 an automated entry and exit control system that

17 will—

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

19 alien departing the United States and match

20 the record of departure with the record of the

21 alien’s arrival in the United States; and

22 ‘‘(B) enable the Attorney General to iden23 tify, through on-line searching procedures, law24 fully admitted nonimmigrants who remain in
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1 the United States beyond the period authorized

2 by the Attorney General.

3 ‘‘(2) EXCEPTION.—The system under para4 graph (1) shall not collect a record of arrival or de5 parture—

6 ‘‘(A) at a land border of the United States

7 for any alien;

8 ‘‘(B) for any alien lawfully admitted to the

9 United States for permanent residence; or

10 ‘‘(C) for any alien for whom the documen11 tary requirements in section 212(a)(7)(B) of

12 the Immigration and Nationality Act have been

13 waived by the Attorney General and the Sec14 retary of State under section 212(d)(4)(B) of

15 the Immigration and Nationality Act.’’.

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

17 subsection (a) shall take effect as if included in the enact18 ment of the Illegal Immigration Reform and Immigrant

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

20 208; 110 Stat. 3009–546).

21 SEC. 3. REPORT.

22 (a) REQUIREMENT.—Not later than two years after

23 the date of enactment of this Act, the Attorney General

24 shall submit a report to the Committees on the Judiciary

25 of the Senate and the House of Representatives on the
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1 feasibility of developing and implementing an automated

2 entry-exit control system that would collect a record of de3 parture for every alien departing the United States and

4 match the record of departure with the record of the

5 alien’s arrival in the United States, including departures

6 and arrivals at the land borders of the United States.

7 (b) CONTENTS OF REPORT.—Such report shall—

8 (1) assess the costs and feasibility of various

9 means of operating such an automated entry-exit

10 control system, including exploring—

11 (A) how, if the automated entry-exit con12 trol system were limited to certain aliens arriv13 ing at airports, departure records of those

14 aliens could be collected when they depart

15 through a land border or seaport; and

16 (B) the feasibility of the Attorney General,

17 in consultation with the Secretary of State, ne18 gotiating reciprocal agreements with the gov19 ernments of contiguous countries to collect such

20 information on behalf of the United States and

21 share it in an acceptable automated format;

22 (2) consider the various means of developing

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

24 appropriate, and assess which means would be most

25 appropriate in which geographical regions;
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1 (3) evaluate how such a system could be imple2 mented without increasing border traffic congestion

3 and border crossing delays and, if any such system

4 would increase border crossing delays, evaluate to

5 what extent such congestion or delays would in6 crease; and

7 (4) estimate the length of time that would be

8 required for any such system to be developed and

9 implemented.

10 SEC. 4. INCREASED RESOURCES FOR BORDER CONTROL

11 AND ENFORCEMENT.

12 (a) INCREASED NUMBER OF INS INSPECTORS AT

13 THE LAND BORDERS.—The Attorney General in each of

14 fiscal years 1998, 1999, and 2000 shall increase by not

15 less than 300 the number of full-time inspectors assigned

16 to active duty at the land borders of the United States

17 by the Immigration and Naturalization Service, above the

18 number of such positions for which funds were made avail19 able for the preceding fiscal year. Not less than one-half

20 of the inspectors added under the preceding sentence in

21 each fiscal year shall be assigned to the northern border

22 of the United States.

23 (b) INCREASED NUMBER OF CUSTOMS INSPECTORS

24 AT THE LAND BORDERS.—The Secretary of the Treasury

25 in each of fiscal years 1998, 1999, and 2000 shall increase
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1 by not less than 150 the number of full-time inspectors

2 assigned to active duty at the land borders of the United

3 States by the Customs Service, above the number of such

4 positions for which funds were made available for the pre5 ceding fiscal year. Not less than one-half of the inspectors

6 added under the preceding sentence in each fiscal year

7 shall be assigned to the northern border of the United

8 States.

9 SECTION 1. SHORT TITLE.

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

11 and Immigration Act of 1998’’.

12 SEC. 2. AMENDMENT OF THE ILLEGAL IMMIGRATION RE13 FORM AND IMMIGRANT RESPONSIBILITY ACT

14 OF 1996.

15 (a) IN GENERAL.—Section 110(a) of the Illegal Immi16 gration Reform and Immigrant Responsibility Act of 1996

17 (8 U.S.C. 1221 note) is amended to read as follows:

18 ‘‘(a) SYSTEM.—

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

20 not later than 2 years after the date of enactment of

21 this Act, the Attorney General shall develop an auto22 mated entry and exit control system that will—

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

24 alien departing the United States and match the
7

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1 record of departure with the record of the alien’s

2 arrival in the United States; and

3 ‘‘(B) enable the Attorney General to iden4 tify, through on-line searching procedures, law5 fully admitted nonimmigrants who remain in

6 the United States beyond the period authorized

7 by the Attorney General.

8 ‘‘(2) EXCEPTION.—The system under paragraph

9 (1) shall not collect a record of arrival or departure—

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

11 United States for any alien; or

12 ‘‘(B) for any alien for whom the documen13 tary requirements in section 212(a)(7)(B) of the

14 Immigration and Nationality Act have been

15 waived by the Attorney General and the Sec16 retary of State under section 212(d)(4)(B) of the

17 Immigration and Nationality Act.’’.

18 (b) EFFECTIVE DATE.—The amendment made by sub19 section (a) shall take effect as if included in the enactment

20 of the Illegal Immigration Reform and Immigrant Respon21 sibility Act of 1996 (division C of Public Law 104–208;

22 110 Stat. 3009–546).
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1 SEC. 3. REPORT ON AUTOMATED ENTRY-EXIT CONTROL

2 SYSTEM.

3 (a) REQUIREMENT.—Not later than 2 years after the

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

5 submit a report to the Committees on the Judiciary of the

6 Senate and the House of Representatives on the feasibility

7 of developing and implementing an automated entry-exit

8 control system that would collect a record of departure for

9 every alien departing the United States and match the

10 record of departure with the record of the alien’s arrival

11 in the United States, including departures and arrivals at

12 the land borders and seaports of the United States.

13 (b) CONTENTS OF REPORT.—Such report shall—

14 (1) assess the costs and feasibility of various

15 means of operating such an automated entry-exit con16 trol system, including exploring—

17 (A) how, if the automated entry-exit control

18 system were limited to certain aliens arriving at

19 airports, departure records of those aliens could

20 be collected when they depart through a land bor21 der or seaport; and

22 (B) the feasibility of the Attorney General,

23 in consultation with the Secretary of State, nego24 tiating reciprocal agreements with the govern25 ments of contiguous countries to collect such in-
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1 formation on behalf of the United States and

2 share it in an acceptable automated format;

3 (2) consider the various means of developing

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

5 appropriate, and assess which means would be most

6 appropriate in which geographical regions;

7 (3) evaluate how such a system could be imple8 mented without increasing border traffic congestion

9 and border crossing delays and, if any such system

10 would increase border crossing delays, evaluate to

11 what extent such congestion or delays would increase;

12 and

13 (4) estimate the length of time that would be re14 quired for any such system to be developed and imple15 mented.

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

17 USE OF ENTRY-EXIT CONTROL DATA.

18 (a) ANNUAL REPORTS ON IMPLEMENTATION OF

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

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

21 in which Attorney General certifies to Congress that the

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

23 Illegal Immigration Reform and Immigrant Responsibility

24 Act of 1996, as amended by section 2 of this Act, has been

25 developed, the Attorney General shall submit to the Commit-
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1 tees on the Judiciary of the Senate and the House of Rep2 resentatives a report that—

3 (1) provides an accurate assessment of the status

4 of the development of the entry-exit control system;

5 (2) includes a specific schedule for the develop6 ment of the entry-exit control system that the Attor7 ney General anticipates will be met; and

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

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

10 control system.

11 (b) ANNUAL REPORTS ON VISA OVERSTAYS IDENTI12 FIED THROUGH THE ENTRY-EXIT CONTROL SYSTEM.—Not

13 later than June 30 of each year, the Attorney General shall

14 submit to the Committees on the Judiciary of the House

15 of Representatives and the Senate a report that sets forth—

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

17 the number of departure records of aliens that were

18 collected during the preceding fiscal year under the

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

20 Illegal Immigration Reform and Immigrant Respon21 sibility Act of 1996, as so amended, with a separate

22 accounting of such numbers by country of nationality;

23 (2) the number of departure records of aliens

24 that were successfully matched to records of such

25 aliens’ prior arrival in the United States, with a sep-
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1 arate accounting of such numbers by country of na2 tionality and by classification as immigrant or non3 immigrant; and

4 (3) the number of aliens who arrived as non5 immigrants, or as visitors under the visa waiver pro6 gram under section 217 of the Immigration and Na7 tionality Act, for whom no matching departure record

8 has been obtained through the system, or through

9 other means, as of the end of such aliens’ authorized

10 period of stay, with an accounting by country of na11 tionality and approximate date of arrival in the

12 United States.

13 (c) INCORPORATION INTO OTHER DATABASES.—Infor14 mation regarding aliens who have remained in the United

15 States beyond their authorized period of stay that is identi16 fied through the system referred to in subsection (a) shall

17 be integrated into appropriate databases of the Immigra18 tion and Naturalization Service and the Department of

19 State, including those used at ports-of-entry and at con20 sular offices.

21 SEC. 5. LIMITATION ON CERTAIN BORDER CROSSING-RE22 LATED VISA FEES.

23 (a) LIMITATION.—

24 (1) IN GENERAL.—Notwithstanding any other

25 provision of law, the Secretary of State may not
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1 charge a fee in excess of the following amounts for the

2 processing of any application for the issuance of a

3 visa under section 101(a)(15)(B) of the Immigration

4 and Nationality Act if the appropriate consular offi5 cer has reason to believe that the visa will be used

6 only for travel in the United States within 25 miles

7 of the international border between the United States

8 and Mexico and for a period of less than 72 hours:

9 (i) In the case of any alien 18 years of age

10 or older, $45.

11 (ii) In the case of any alien under 18 years

12 of age, zero.

13 (2) PERIOD OF VALIDITY OF VISAS FOR CERTAIN

14 MINOR CHILDREN.—If a consular officer has reason to

15 believe that a visa issued under section 101(a)(15)(B)

16 of the Immigration and Nationality Act to a child

17 under 18 years of age will be used only for travel in

18 the United States within 25 miles of the international

19 border between the United States and Mexico for a pe20 riod of less than 72 hours, then the visa shall be

21 issued to expire on the date on which the child attains

22 the age of 18.

23 (b) DELAY IN BORDER CROSSING RESTRICTIONS.—

24 Section 104(b)(2) of the Illegal Immigration Reform and
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1 Immigrant Responsibility Act of 1996 is amended by strik2 ing ‘‘3 years’’ and inserting ‘‘4 years’’.

3 (c) PROCESSING IN MEXICAN BORDER CITIES.—The

4 Secretary of State shall continue until at least October 1,

5 2000, to process applications for visas under section

6 101(a)(15)(B) of the Immigration and Nationality Act at

7 the following cities in Mexico located near the international

8 border with the United States: Nogales, Nuevo Laredo, Ciu9 dad Acuna, Piedras Negras, Agua Prieta, and Reynosa.

10 SEC. 6. AUTHORIZATIONS OF APPROPRIATIONS FOR BOR11 DER CONTROL AND ENFORCEMENT ACTIVI12 TIES OF THE IMMIGRATION AND NATU13 RALIZATION SERVICE.

14 (a) IN GENERAL.—

15 (1) INS.—In order to enhance enforcement and

16 inspection resources on the land borders of the United

17 States, enhance investigative resources for

18 anticorruption efforts and efforts against drug smug19 gling and money-laundering organizations, process

20 cargo, reduce commercial and passenger traffic wait21 ing times, and open all primary lanes during peak

22 hours at major land border ports of entry on the

23 Southwest and Northern land borders of the United

24 States, in addition to any other amounts appro25 priated, there are authorized to be appropriated for
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1 salaries, expenses, and equipment for the Immigration

2 and Naturalization Service for purposes of carrying

3 out this section—

4 (A) $113,604,000 for fiscal year 1999;

5 (B) $121,064,000 for fiscal year 2000; and

6 (C) such sums as may be necessary in each

7 fiscal year thereafter.

8 (b) FISCAL YEAR 1999.—

9 (1) INS.—Of the amounts authorized to be ap10 propriated under subsection (a)(2)(A) for fiscal year

11 1999 for the Immigration and Naturalization Service,

12 $15,090,000 shall be available until expended for ac13 quisition and other expenses associated with imple14 mentation and full deployment of narcotics enforce15 ment and cargo processing technology along the land

16 borders of the United States, including—

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

18 with transmission and backscatter imaging to be

19 distributed to border patrol checkpoints;

20 (B) $200,000 for 10 ultrasonic container in21 spection units to be distributed to border patrol

22 checkpoints;

23 (C) $240,000 for 10 Portable Treasury En24 forcement Communications System (TECS) ter-
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1 minals to be distributed to border patrol check2 points;

3 (D) $1,000,000 for 20 remote watch surveil4 lance camera systems to be distributed to border

5 patrol checkpoints;

6 (E) $180,000 for 36 AM radio ‘‘Welcome to

7 the United States’’ stations located at permanent

8 border patrol checkpoints;

9 (F) $875,000 for 36 spotter camera systems

10 located at permanent border patrol checkpoints;

11 and

12 (G) $1,600,000 for 40 narcotics vapor and

13 particle detectors to be distributed to border pa14 trol checkpoints.

15 (c) FISCAL YEAR 2000 AND THEREAFTER.—

16 (1) INS.—Of the amounts authorized to be ap17 propriated under this section for the Immigration

18 and Naturalization Service for fiscal year 2000 and

19 each fiscal year thereafter, $1,509,000 shall be for the

20 maintenance and support of the equipment and train21 ing of personnel to maintain and support the equip22 ment described in subsection (b)(1), based on an esti23 mate of 10 percent of the cost of such equipment.

24 (d) NEW TECHNOLOGIES; USE OF FUNDS.—
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1 (1) IN GENERAL.—The Attorney General may

2 use the amounts authorized to be appropriated for

3 equipment under this section for equipment other

4 than the equipment specified in this section if such

5 other equipment—

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

7 equipment specified; and

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

9 a cost that is the same or less than the equip10 ment specified; or

11 (B) can be obtained at a lower cost than the

12 equipment authorized.

13 (2) TRANSFER OF FUNDS.—Notwithstanding any

14 other provision of this section, the Attorney General

15 may reallocate an amount not to exceed 10 percent of

16 the amount specified for equipment specified in this

17 section.

18 (e) PEAK HOURS AND INVESTIGATIVE RESOURCE EN19 HANCEMENT.—

20 (1) INS.—Of the amounts authorized to be ap21 propriated under this section for fiscal years 1999

22 and 2000, $98,514,000 in fiscal year 1999 and

23 $119,555,000 for fiscal year 2000 shall be for—

24 (A) a net increase of 535 inspectors for the

25 Southwest land border and 375 inspectors for the
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1 Northern land border, in order to open all pri2 mary lanes on the Southwest and Northern bor3 ders during peak hours and enhance investiga4 tive resources;

5 (B) a net increase of 100 inspectors and ca6 nine enforcement officers for border patrol check7 points;

8 (C) 100 canine enforcement vehicles to be

9 used by the Border Patrol for inspection and en10 forcement, and to reduce waiting times, at the

11 land borders of the United States;

12 (D) a net increase of 40 intelligence ana13 lysts and additional resources to be distributed

14 among border patrol sectors that have jurisdic15 tion over major metropolitan drug or narcotics

16 distribution and transportation centers for in17 tensification of efforts against drug smuggling

18 and money-laundering organizations;

19 (E) a net increase of 68 positions and addi20 tional resources to the Office of the Inspector

21 General of the Department of Justice to enhance

22 investigative resources for anticorruption efforts;

23 and
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1 (F) the costs incurred as a result of the in2 crease in personnel hired pursuant to this sec3 tion.

4 SEC. 7. SENSE OF THE SENATE CONCERNING AUTHORIZA5 TION OF APPROPRIATIONS FOR BORDER

6 CONTROL AND ENFORCEMENT ACTIVITIES OF

7 THE UNITED STATES CUSTOMS SERVICE.

8 Given that the Customs Service is cross-designated to

9 enforce immigration laws and given the important border

10 control role played by the Customs Service, it is the sense

11 of the Senate that authorization for appropriations should

12 be granted to the Customs Service similar to those granted

13 to the Immigration and Naturalization Service under sec14 tion 6.

Calendar No. 342

105TH CONGRESS

2D SESSION S. 1360

A BILL

To amend the Illegal Immigration Reform and Imfor other purposes. hance land border control and enforcement, and an automated entry-exit control system, to en- improve the requirements for the development of migrant Responsibility Act of 1996 to clarify and

APRIL 23, 1998

Reported with an amendment in the nature of a

substitute