II

106TH CONGRESS

2D SESSION S. 2599

To amend section 110 of the Illegal Immigration Reform and Immigrant

Responsibility Act of 1996, and for other purposes.

IN THE SENATE OF THE UNITED STATES

MAY 18, 2000

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

SNOWE, Mr. CRAIG, Ms. COLLINS, Mr. GORTON, Mr. JEFFORDS, Mr.

SCHUMER, Mr. GRAHAM, Mr. LEVIN, Mr. DEWINE, and Mrs. MURRAY)

introduced the following bill; which was read twice and referred to the

Committee on the Judiciary

A BILL

To amend section 110 of the Illegal Immigration Reform

and Immigrant Responsibility Act of 1996, 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 ‘‘Immigration and Nat5 uralization Service Data Management Improvement Act of

6 2000’’.
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1 SEC. 2. AMENDMENT TO SECTION 110 OF IIRIRA.

2 (a) IN GENERAL.—Section 110 of the Illegal Immi3 gration Reform and Immigrant Responsibility Act of 1996

4 (8 U.S.C. 1221 note) is amended to read as follows:

5 ‘‘SEC. 110. INTEGRATED ENTRY AND EXIT DATA SYSTEM.

6 ‘‘(a) REQUIREMENT.—The Attorney General shall

7 implement an integrated entry and exit data system.

8 ‘‘(b) INTEGRATED ENTRY AND EXIT DATA SYSTEM

9 DEFINED.—For purposes of this section, the term ‘inte10 grated entry and exit data system’ means an electronic

11 system that—

12 ‘‘(1) provides access to, and integrates, alien ar13 rival and departure data that are—

14 ‘‘(A) authorized or required to be created

15 or collected under law;

16 ‘‘(B) in an electronic format; and

17 ‘‘(C) in a data base of the Department of

18 Justice or the Department of State, including

19 those created or used at ports of entry and at

20 consular offices;

21 ‘‘(2) uses available data described in paragraph

22 (1) to produce a report of arriving and departing

23 aliens by country of nationality, classification as an

24 immigrant or nonimmigrant, and date of arrival in,

25 and departure from, the United States;
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1 ‘‘(3) matches an alien’s available arrival data

2 with the alien’s available departure data;

3 ‘‘(4) assists the Attorney General (and the Sec4 retary of State, to the extent necessary to carry out

5 such Secretary’s obligations under immigration law)

6 to identify, through on-line searching procedures,

7 lawfully admitted nonimmigrants who may have re8 mained in the United States beyond the period au9 thorized by the Attorney General; and

10 ‘‘(5) otherwise uses available alien arrival and

11 departure data described in paragraph (1) to permit

12 the Attorney General to make the reports required

13 under subsection (e).

14 ‘‘(c) CONSTRUCTION.—

15 ‘‘(1) NO ADDITIONAL AUTHORITY TO IMPOSE

16 DOCUMENTARY OR DATA COLLECTION REQUIRE17 MENTS.—Nothing in this section shall be construed

18 to permit the Attorney General or the Secretary of

19 State to impose any new documentary or data collec20 tion requirements on any person in order to satisfy

21 the requirements of this section, including—

22 ‘‘(A) requirements on any alien for whom

23 the documentary requirements in section

24 212(a)(7)(B) of the Immigration and Nation25 ality Act (8 U.S.C. 1182(a)(7)(B)) have been
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1 waived by the Attorney General and the Sec2 retary of State under section 212(d)(4)(B) of

3 such Act (8 U.S.C. 1182(d)(4)(B)); or

4 ‘‘(B) requirements that are inconsistent

5 with the North American Free Trade Agree6 ment.

7 ‘‘(2) NO REDUCTION OF AUTHORITY.—Nothing

8 in this section shall be construed to reduce or curtail

9 any authority of the Attorney General or the Sec10 retary of State under any other provision of law.

11 ‘‘(d) DEADLINES.—

12 ‘‘(1) AIRPORTS AND SEAPORTS.—Not later than

13 December 31, 2003, the Attorney General shall im14 plement the integrated entry and exit data system

15 using available alien arrival and departure data de16 scribed in subsection (b)(1) pertaining to aliens ar17 riving in, or departing from, the United States at an

18 airport or seaport. Such implementation shall in19 clude ensuring that such data, when collected or cre20 ated by an immigration officer at an airport or sea21 port, are entered into the system and can be

22 accessed by immigration officers at other airports

23 and seaports.

24 ‘‘(2) HIGH-TRAFFIC LAND BORDER PORTS OF

25 ENTRY.—Not later than December 31, 2004, the At-
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1 torney General shall implement the integrated entry

2 and exit data system using the data described in

3 paragraph (1) and available alien arrival and depar4 ture data described in subsection (b)(1) pertaining

5 to aliens arriving in, or departing from, the United

6 States at the 50 land border ports of entry deter7 mined by the Attorney General to serve the highest

8 numbers of arriving and departing aliens. Such im9 plementation shall include ensuring that such data,

10 when collected or created by an immigration officer

11 at such a port of entry, are entered into the system

12 and can be accessed by immigration officers at air13 ports, seaports, and other such land border ports of

14 entry.

15 ‘‘(3) REMAINING DATA.—Not later than De16 cember 31, 2005, the Attorney General shall fully

17 implement the integrated entry and exit data system

18 using all data described in subsection (b)(1). Such

19 implementation shall include ensuring that all such

20 data are available to immigration officers at all ports

21 of entry into the United States.

22 ‘‘(e) REPORTS.—

23 ‘‘(1) IN GENERAL.—Not later than December

24 31 of each year following the commencement of im25 plementation of the integrated entry and exit data
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1 system, the Attorney General shall use the system to

2 prepare an annual report to the Committees on the

3 Judiciary of the House of Representatives and of the

4 Senate.

5 ‘‘(2) INFORMATION.—Each report shall include

6 the following information with respect to the pre7 ceding fiscal year, and an analysis of that informa8 tion:

9 ‘‘(A) The number of aliens for whom de10 parture data was collected during the reporting

11 period, with an accounting by country of na12 tionality of the departing alien.

13 ‘‘(B) The number of departing aliens

14 whose departure data was successfully matched

15 to the alien’s arrival data, with an accounting

16 by the alien’s country of nationality and by the

17 alien’s classification as an immigrant or non18 immigrant.

19 ‘‘(C) The number of aliens who arrived

20 pursuant to a nonimmigrant visa, or as a visitor

21 under the visa waiver program under section

22 217 of the Immigration and Nationality Act (8

23 U.S.C. 1187), for whom no matching departure

24 data have been obtained through the system or

25 through other means as of the end of the alien’s
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1 authorized period of stay, with an accounting

2 by the alien’s country of nationality and date of

3 arrival in the United States.

4 ‘‘(D) The number of lawfully admitted

5 nonimmigrants identified as having remained in

6 the United States beyond the period authorized

7 by the Attorney General, with an accounting by

8 the alien’s country of nationality.

9 ‘‘(f) AUTHORITY TO PROVIDE ACCESS TO SYSTEM.—

10 ‘‘(1) IN GENERAL.—Subject to subsection (d),

11 the Attorney General, in consultation with the Sec12 retary of State, shall determine which officers and

13 employees of the Departments of Justice and State

14 may enter data into, and have access to the data

15 contained in, the integrated entry and exit data sys16 tem.

17 ‘‘(2) OTHER LAW ENFORCEMENT OFFICIALS.—

18 The Attorney General, in the discretion of the Attor19 ney General, may permit other Federal, State, and

20 local law enforcement officials to have access to the

21 data contained in the integrated entry and exit data

22 system for law enforcement purposes.

23 ‘‘(g) USE OF TASK FORCE RECOMMENDATIONS.—

24 The Attorney General shall continuously update and im25 prove the integrated entry and exit data system as tech-
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1 nology improves and using the recommendations of the

2 task force established under section 3 of the Immigration

3 and Naturalization Service Data Management Improve4 ment Act of 2000.

5 ‘‘(h) AUTHORIZATION OF APPROPRIATIONS.—There

6 are authorized to be appropriated to carry out this section

7 such sums as may be necessary for fiscal years 2001

8 through 2008.’’.

9 (b) CLERICAL AMENDMENT.—The table of contents

10 of the Illegal Immigration Reform and Immigrant Respon11 sibility Act of 1996 is amended by amending the item re12 lating to section 110 to read as follows:

‘‘Sec. 110. Integrated entry and exit data system.’’.

13 SEC. 3. TASK FORCE.

14 (a) ESTABLISHMENT.—Not later than 6 months after

15 the date of the enactment of this Act, the Attorney Gen16 eral, in consultation with the Secretary of State, the Sec17 retary of Commerce, and the Secretary of the Treasury,

18 shall establish a task force to carry out the duties de19 scribed in subsection (c) (in this section referred to as the

20 ‘‘Task Force’’).

21 (b) MEMBERSHIP.—

22 (1) CHAIRPERSON; APPOINTMENT OF MEM23 BERS.—The Task Force shall be composed of the

24 Attorney General and 16 other members appointed

25 in accordance with paragraph (2). The Attorney
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1 General shall be the chairperson and shall appoint

2 the other members.

3 (2) APPOINTMENT REQUIREMENTS.—In ap4 pointing the other members of the Task Force, the

5 Attorney General shall include—

6 (A) representatives of Federal, State, and

7 local agencies with an interest in the duties of

8 the Task Force, including representatives of

9 agencies with an interest in—

10 (i) immigration and naturalization;

11 (ii) travel and tourism;

12 (iii) transportation;

13 (iv) trade;

14 (v) law enforcement;

15 (vi) national security; or

16 (vii) the environment; and

17 (B) private sector representatives of af18 fected industries and groups.

19 (3) TERMS.—Each member shall be appointed

20 for the life of the Task Force. Any vacancy shall be

21 filled by the Attorney General.

22 (4) COMPENSATION.—

23 (A) IN GENERAL.—Each member of the

24 Task Force shall serve without compensation,

25 and members who are officers or employees of
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1 the United States shall serve without compensa2 tion in addition to that received for their serv3 ices as officers or employees of the United

4 States.

5 (B) TRAVEL EXPENSES.—The members of

6 the Task Force shall be allowed travel expenses,

7 including per diem in lieu of subsistence, at

8 rates authorized for employees of agencies

9 under subchapter I of chapter 57 of title 5,

10 United States Code, while away from their

11 homes or regular places of business in the per12 formance of service for the Task Force.

13 (c) DUTIES.—The Task Force shall evaluate the fol14 lowing:

15 (1) How the Attorney General can efficiently

16 and effectively carry out section 110 of the Illegal

17 Immigration Reform and Immigrant Responsibility

18 Act of 1996 (8 U.S.C. 1221 note), as amended by

19 section 2 of this Act.

20 (2) How the United States can improve the

21 flow of traffic at airports, seaports, and land border

22 ports of entry through—

23 (A) enhancing systems for data collection

24 and data sharing, including the integrated entry

25 and exit data system described in section 110
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1 of the Illegal Immigration Reform and Immi2 grant Responsibility Act of 1996 (8 U.S.C.

3 1221 note), as amended by section 2 of this

4 Act, by better use of technology, resources, and

5 personnel;

6 (B) increasing cooperation between the

7 public and private sectors;

8 (C) increasing cooperation among Federal

9 agencies and among Federal and State agen10 cies; and

11 (D) modifying information technology sys12 tems while taking into account the different

13 data systems, infrastructure, and processing

14 procedures of airports, seaports, and land bor15 der ports of entry.

16 (3) The cost of implementing each of its rec17 ommendations.

18 (d) STAFF AND SUPPORT SERVICES.—

19 (1) IN GENERAL.—The Attorney General may,

20 without regard to the civil service laws and regula21 tions, appoint and terminate an executive director

22 and such other additional personnel as may be nec23 essary to enable the Task Force to perform its du24 ties. The employment and termination of an execu-
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1 tive director shall be subject to confirmation by a

2 majority of the members of the Task Force.

3 (2) COMPENSATION.—The executive director

4 shall be compensated at a rate not to exceed the rate

5 payable for level V of the Executive Schedule under

6 section 5316 of title 5, United States Code. The At7 torney General may fix the compensation of other

8 personnel without regard to the provisions of chapter

9 51 and subchapter III of chapter 53 of title 5,

10 United States Code, relating to classification of posi11 tions and General Schedule pay rates, except that

12 the rate of pay for such personnel may not exceed

13 the rate payable for level V of the Executive Sched14 ule under section 5316 of such title.

15 (3) DETAIL OF GOVERNMENT EMPLOYEES.—

16 Any Federal Government employee, with the ap17 proval of the head of the appropriate Federal agen18 cy, may be detailed to the Task Force without reim19 bursement, and such detail shall be without inter20 ruption or loss of civil service status, benefits, or

21 privilege.

22 (4) PROCUREMENT OF TEMPORARY AND INTER23 MITTENT SERVICES.—The Attorney General may

24 procure temporary and intermittent services for the

25 Task Force under section 3109(b) of title 5, United
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1 States Code, at rates for individuals not to exceed

2 the daily equivalent of the annual rate of basic pay

3 prescribed for level V of the Executive Schedule

4 under section 5316 of such title.

5 (5) ADMINISTRATIVE SUPPORT SERVICES.—

6 Upon the request of the Attorney General, the Ad7 ministrator of General Services shall provide to the

8 Task Force, on a reimbursable basis, the adminis9 trative support services necessary for the Task Force

10 to carry out its responsibilities under this section.

11 (e) HEARINGS AND SESSIONS.—The Task Force

12 may, for the purpose of carrying out this section, hold

13 hearings, sit and act at times and places, take testimony,

14 and receive evidence as the Task Force considers appro15 priate.

16 (f) OBTAINING OFFICIAL DATA.—The Task Force

17 may secure directly from any department or agency of the

18 United States information necessary to enable it to carry

19 out this section. Upon request of the Attorney General,

20 the head of that department or agency shall furnish that

21 information to the Task Force.

22 (g) REPORTS.—

23 (1) DEADLINE.—Not later than December 31,

24 2002, and not later than December 31 of each year

25 thereafter in which the Task Force is in existence,
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1 the Attorney General shall submit a report to the

2 Committees on the Judiciary of the House of Rep3 resentatives and of the Senate containing the find4 ings, conclusions, and recommendations of the Task

5 Force. Each report shall also measure and evaluate

6 how much progress the Task Force has made, how

7 much work remains, how long the remaining work

8 will take to complete, and the cost of completing the

9 remaining work.

10 (2) DELEGATION.—The Attorney General may

11 delegate to the Commissioner, Immigration and Nat12 uralization Service, the responsibility for preparing

13 and transmitting any such report.

14 (h) LEGISLATIVE RECOMMENDATIONS.—

15 (1) IN GENERAL.—The Attorney General shall

16 make such legislative recommendations as the Attor17 ney General deems appropriate—

18 (A) to implement the recommendations of

19 the Task Force; and

20 (B) to obtain authorization for the appro21 priation of funds, the expenditure of receipts, or

22 the reprogramming of existing funds to imple23 ment such recommendations.

24 (2) DELEGATION.—The Attorney General may

25 delegate to the Commissioner, Immigration and Nat-
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1 uralization Service, the responsibility for preparing

2 and transmitting any such legislative recommenda3 tions.

4 (i) TERMINATION.—The Task Force shall terminate

5 on a date designated by the Attorney General as the date

6 on which the work of the Task Force has been completed.

7 (j) AUTHORIZATION OF APPROPRIATIONS.—There

8 are authorized to be appropriated to carry out this section

9 such sums as may be necessary for fiscal years 2001

10 through 2003.

11 SEC. 4. SENSE OF CONGRESS REGARDING INTERNATIONAL

12 BORDER MANAGEMENT COOPERATION.

13 It is the sense of the Congress that the Attorney Gen14 eral, in consultation with the Secretary of State, the Sec15 retary of Commerce, and the Secretary of the Treasury,

16 should consult with affected foreign governments to im17 prove border management cooperation.

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