II

105TH CONGRESS

1ST 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, and Ms.

SNOWE) 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 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.

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’’.
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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 the enact10 ment of this Act, the Attorney General shall develop

11 an automated entry and exit control system that

12 will—

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

14 alien departing the United States and match

15 the record of departure with the record of the

16 alien’s arrival in the United States; and

17 ‘‘(B) enable the Attorney General to iden18 tify, through on-line searching procedures, law19 fully admitted nonimmigrants who remain in

20 the United States beyond the period authorized

21 by the Attorney General.

22 ‘‘(2) EXCEPTION.—The system under para23 graph (1) shall not collect a record of arrival or de24 parture—

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

26 for any alien;
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1 ‘‘(B) for any alien lawfully admitted to the

2 United States for permanent residence; or

3 ‘‘(C) for any alien for whom the documen4 tary requirements in section 212(a)(7)(B) of

5 the Immigration and Nationality Act have been

6 waived by the Attorney General and the Sec7 retary of State under section 212(d)(4)(B) of

8 the Immigration and Nationality Act.’’.

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

10 subsection (a) shall take effect as if included in the enact11 ment of the Illegal Immigration Reform and Immigrant

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

13 208; 110 Stat. 3009–546).

14 SEC. 3. REPORT.

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

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

17 shall submit a report to the Committees on the Judiciary

18 of the Senate and the House of Representatives on the

19 feasibility of developing and implementing an automated

20 entry-exit control system that would collect a record of de21 parture for every alien departing the United States and

22 match the record of departure with the record of the

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

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

25 (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. INCREASED RESOURCES FOR BORDER CONTROL

5 AND ENFORCEMENT.

6 (a) INCREASED NUMBER OF INS INSPECTORS AT

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

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

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

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

11 by the Immigration and Naturalization Service, above the

12 number of such positions for which funds were made avail13 able for the preceding fiscal year. Not less than one-half

14 of the inspectors added under the preceding sentence in

15 each fiscal year shall be assigned to the northern border

16 of the United States.

17 (b) INCREASED NUMBER OF CUSTOMS INSPECTORS

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

19 in each of fiscal years 1998, 1999, and 2000 shall increase

20 by not less than 150 the number of full-time inspectors

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

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

23 positions for which funds were made available for the pre24 ceding fiscal year. Not less than one-half of the inspectors

25 added under the preceding sentence in each fiscal year
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1 shall be assigned to the northern border of the United

2 States.

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