I
106TH CONGRESS
1ST SESSION
H. R. 1650
To amend the Illegal Immigration Reform and Immigrant Responsibility
Act of 1996 to modify the requirements for implementation of an entry-
exit control system.
IN THE HOUSE OF REPRESENTATIVES
APRIL 29, 1999
Mr. UPTON (for himself, Mr. LAFALCE, Mr. BONILLA, Mr. CONYERS, Mr.
MCHUGH, Ms. JACKSON-LEE of Texas, Mr. METCALF, Mr. KNOLLEN-
BERG, Mr. CAMP, Mr. RAHALL, Mr. QUINN, Mr. PASTOR, Mr. STUPAK,
Mr. SENSENBRENNER, Mr. SUNUNU, Mr. BALDACCI, Ms. SCHAKOWSKY,
Mr. HOUGHTON, Mr. WALSH, Mr. ALLEN, Mr. HOLDEN, Mr. REYES, Mr.
FROST, Mr. DAVIS of Florida, Ms. RIVERS, Mr. POMEROY, Mr. ENGLISH,
Mr. EHLERS, Mr. SMITH of Michigan, Mr. KILDEE, Mr. CAMPBELL, Mr.
ORTIZ, Mr. HOEKSTRA, Mr. OXLEY, Mr. LATOURETTE, Mr. PICKETT,
Mr. SABO, Mr. RODRIGUEZ, Mr. WYNN, Ms. LEE, and Mr. BONIOR) in-
troduced the following bill; which was referred to the Committee on the
Judiciary, and in addition to the Committee on Ways and Means, for a
period to be subsequently determined by the Speaker, in each case for
consideration of such provisions as fall within the jurisdiction of the com-
mittee concerned
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.
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ‘‘Border Improvement
and Immigration Act of 1999’’.
SEC. 2. AMENDMENT OF THE ILLEGAL IMMIGRATION RE-
FORM AND IMMIGRANT RESPONSIBILITY ACT
OF 1996.
(a) IN GENERAL.—Section 110(a) of the Illegal Im-
migration Reform and Immigrant Responsibility Act of
1996 (8 U.S.C. 1221 note) is amended to read as follows:
‘‘(a) SYSTEM.—
‘‘(1) IN GENERAL.—Subject to paragraph (2),
not later than 2 years after the date of enactment
of this Act, the Attorney General shall develop an
automated entry and exit control system that will—
‘‘(A) collect a record of departure for every
alien departing the United States and match
the record of departure with the record of the
alien’s arrival in the United States; and
‘‘(B) enable the Attorney General to iden-
tify, through on-line searching procedures, law-
fully admitted nonimmigrants who remain in
the United States beyond the period authorized
by the Attorney General.
‘‘(2) EXCEPTION.—The system under para-
graph (1) shall not collect a record of arrival or
departure—
‘‘(A) at a land border or seaport of the
United States for any alien; or
‘‘(B) for any alien for whom the documen-
tary requirements in section 212(a)(7)(B) of
the Immigration and Nationality Act have been
waived by the Attorney General and the Sec-
retary of State under section 212(d)(4)(B) of
the Immigration and Nationality Act.’’.
(b) EFFECTIVE DATE.—The amendment made by
subsection (a) shall take effect as if included in the enact-
ment of the Illegal Immigration Reform and Immigrant
Responsibility Act of 1996 (division C of Public Law 104–
208; 110 Stat. 3009–546).
SEC. 3. REPORT ON AUTOMATED ENTRY-EXIT CONTROL
SYSTEM.
(a) REQUIREMENT.—Not later than 1 year after the
date of enactment of this Act, the Attorney General shall
submit a report to the Committees on the Judiciary of
the Senate and the House of Representatives on the feasi-
bility of developing and implementing an automated entry-
exit control system that would collect a record of depar-
ture for every alien departing the United States and match
the record of departure with the record of the alien’s ar-
rival in the United States, including departures and arriv-
als at the land borders and seaports of the United States.
(b) CONTENTS OF REPORT.—Such report shall—
(1) assess the costs and feasibility of various
means of operating such an automated entry-exit
control system, including exploring—
(A) how, if the automated entry-exit con-
trol system were limited to certain aliens arriv-
ing at airports, departure records of those
aliens could be collected when they depart
through a land border or seaport; and
(B) the feasibility of the Attorney General,
in consultation with the Secretary of State, ne-
gotiating reciprocal agreements with the gov-
ernments of contiguous countries to collect such
information on behalf of the United States and
share it in an acceptable automated format;
(2) consider the various means of developing
such a system, including the use of pilot projects if
appropriate, and assess which means would be most
appropriate in which geographical regions;
(3) evaluate how such a system could be imple-
mented without increasing border traffic congestion
and border crossing delays and, if any such system
would increase border crossing delays, evaluate to
what extent such congestion or delays would in-
crease; and
(4) estimate the length of time that would be
required for any such system to be developed and
implemented.
SEC. 4. ANNUAL REPORTS ON ENTRY-EXIT CONTROL AND
USE OF ENTRY-EXIT CONTROL DATA.
(a) ANNUAL REPORTS
ON IMPLEMENTATION
OF
ENTRY-EXIT CONTROL AT AIRPORTS.—Not later than 30
days after the end of each fiscal year until the fiscal year
in which the Attorney General certifies to Congress that
the entry-exit control system required by section 110(a)
of the Illegal Immigration Reform and Immigrant Respon-
sibility Act of 1996, as amended by section 2 of this Act,
has been developed, the Attorney General shall submit to
the Committees on the Judiciary of the Senate and the
House of Representatives a report that—
(1) provides an accurate assessment of the sta-
tus of the development of the entry-exit control sys-
tem;
(2) includes a specific schedule for the develop-
ment of the entry-exit control system that the Attor-
ney General anticipates will be met; and
(3) includes a detailed estimate of the funding,
if any, needed for the development of the entry-exit
control system.
(b) ANNUAL REPORTS ON VISA OVERSTAYS IDENTI-
FIED THROUGH THE ENTRY-EXIT CONTROL SYSTEM.—
Not later than June 30 of each year, the Attorney General
shall submit to the Committees on the Judiciary of the
House of Representatives and the Senate a report that
sets forth—
(1) the number of arrival records of aliens and
the number of departure records of aliens that were
collected during the preceding fiscal year under the
entry-exit control system under section 110(a) of the
Illegal Immigration Reform and Immigrant Respon-
sibility Act of 1996, as so amended, with a separate
accounting of such numbers by country of nation-
ality;
(2) the number of departure records of aliens
that were successfully matched to records of such
aliens’ prior arrival in the United States, with a sep-
arate accounting of such numbers by country of na-
tionality and by classification as immigrant or non-
immigrant; and
(3) the number of aliens who arrived as non-
immigrants, or as visitors under the visa waiver pro-
gram under section 217 of the Immigration and Na-
tionality Act, for whom no matching departure
record has been obtained through the system, or
through other means, as of the end of such aliens’
authorized period of stay, with an accounting by
country of nationality and approximate date of ar-
rival in the United States.
(c) INCORPORATION INTO OTHER DATABASES.—In-
formation regarding aliens who have remained in the
United States beyond their authorized period of stay that
is identified through the system referred to in subsection
(a) shall be integrated into appropriate databases of the
Immigration and Naturalization Service and the Depart-
ment of State, including those used at ports-of-entry and
at consular offices.
SEC. 5. AUTHORIZATION OF APPROPRIATIONS FOR BOR-
DER CONTROL AND ENFORCEMENT ACTIVI-
TIES 
OF 
THE 
IMMIGRATION 
AND 
NATU-
RALIZATION SERVICE.
(a) AUTHORIZATION.—In order to enhance enforce-
ment and inspection resources on the land borders of the
United States, enhance investigative resources for
anticorruption efforts and efforts against drug smuggling
and money-laundering organizations, reduce commercial
and passenger traffic waiting times, and open all primary
lanes during peak hours at major land border ports of
entry on the Southwest and Northern land borders of the
United States, in addition to any other amounts appro-
priated, there are authorized to be appropriated for sala-
ries, expenses, and equipment for the Immigration and
Naturalization Service for purposes of carrying out this
section—
(1) $119,604,000 for fiscal year 2000;
(2) $123,064,000 for fiscal year 2001; and
(3) such sums as may be necessary in each fis-
cal year thereafter.
(b) USE OF CERTAIN FISCAL YEAR 2000 FUNDS.—
Of the amounts authorized to be appropriated under sub-
section (a)(1) for fiscal year 2000 for the Immigration and
Naturalization Service, $19,090,000 shall be available
until expended for acquisition and other expenses associ-
ated with implementation and full deployment of narcotics
enforcement and other technology along the land borders
of the United States, including—
(1) $11,000,000 for 5 mobile truck x-rays with
transmission and backscatter imaging to be distrib-
uted to border patrol checkpoints and in secondary
inspection areas of land border ports-of-entry;
(2) $200,000 for 10 ultrasonic container in-
spection units to be distributed to border patrol
checkpoints and in secondary inspection areas of
land border ports-of-entry;
(3) $240,000 for 10 Portable Treasury En-
forcement Communications System (TECS) termi-
nals to be distributed to border patrol checkpoints;
(4) $5,000,000 for 20 remote watch surveil-
lance camera systems to be distributed to border pa-
trol checkpoints and at secondary inspection areas of
land border ports-of-entry;
(5) $180,000 for 36 AM radio ‘‘Welcome to the
United States’’ stations located at permanent border
patrol checkpoints and at secondary inspection areas
of land border ports-of-entry;
(6) $875,000 for 36 spotter camera systems lo-
cated at permanent border patrol checkpoints and at
secondary inspection areas of land border ports-of-
entry; and
(7) $1,600,000 for 40 narcotics vapor and par-
ticle detectors to be distributed to border patrol
checkpoints and at secondary inspection areas of
land border ports-of-entry.
(c) USE OF CERTAIN FUNDS AFTER FISCAL YEAR
2001.—Of the amounts authorized to be appropriated
under paragraphs (2) and (3) of subsection (a) for the
Immigration and Naturalization Service for fiscal year
2000 and each fiscal year thereafter, $4,773,000 shall be
for the maintenance and support of the equipment and
training of personnel to maintain and support the equip-
ment described in subsection (b), based on an estimate
of 25 percent of the cost of such equipment.
(d) USE OF FUNDS FOR NEW TECHNOLOGIES.—
(1) IN GENERAL.—The Attorney General may
use the amounts authorized to be appropriated for
equipment under this section for equipment other
than the equipment specified in subsection (b) if
such other equipment—
(A)(i) is technologically superior to the
equipment specified in subsection (b); and
(ii) will achieve at least the same results at
a cost that is the same or less than the equip-
ment specified in subsection (b); or
(B) can be obtained at a lower cost than
the equipment authorized in subsection (b).
(2) TRANSFER
OF
FUNDS.—Notwithstanding
any other provision of this section, the Attorney
General may reallocate an amount not to exceed 10
percent of the amount specified in paragraphs (1)
through (7) of subsection (b) for any other equip-
ment specified in subsection (b).
(e) PEAK HOURS AND INVESTIGATIVE RESOURCE
ENHANCEMENT.—Of the amounts authorized to be appro-
priated under paragraphs (1) and (2) of subsection (a)
for 
the 
Immigration 
and 
Naturalization 
Service,
$100,514,000 in fiscal year 2000 and $121,555,000 in fis-
cal year 2001 shall be for—
(1) a net increase of 535 inspectors for the
Southwest land border and 375 inspectors for the
Northern land border, in order to open all primary
lanes on the Southwest and Northern borders during
peak hours and enhance investigative resources;
(2) in order to enhance enforcement and reduce
waiting times, a net increase of 100 inspectors and
canine enforcement officers for border patrol check-
points and ports-of-entry, as well as 100 canines and
5 canine trainers;
(3) 100 canine enforcement vehicles to be used
by the Immigration and Naturalization Service for
inspection and enforcement at the land borders of
the United States;
(4) a net increase of 40 intelligence analysts
and additional resources to be distributed among
border patrol sectors that have jurisdiction over
major metropolitan drug or narcotics distribution
and transportation centers for intensification of ef-
forts against drug smuggling and money-laundering
organizations;
(5) a net increase of 68 positions and additional
resources to the Office of the Inspector General of
the Department of Justice to enhance investigative
resources for anticorruption efforts; and
(6) the costs incurred as a result of the increase
in personnel hired pursuant to this section.
SEC. 6. AUTHORIZATION OF APPROPRIATIONS FOR BOR-
DER CONTROL AND ENFORCEMENT ACTIVI-
TIES OF THE UNITED STATES CUSTOMS
SERVICE.
(a) AUTHORIZATION.—In order to enhance border in-
vestigative resources on the land borders of the United
States, enhance investigative resources for anticorruption
efforts, intensify efforts against drug smuggling and
money-laundering organizations, process cargo, reduce
commercial and passenger traffic waiting times, and open
all primary lanes during peak hours at certain ports on
the Southwest and Northern borders, in addition to any
other amount appropriated, there are authorized to be ap-
propriated for salaries, expenses, and equipment for the
United States Customs Service for purposes of carrying
out this section—
(1) $161,248,584 for fiscal year 2000;
(2) $185,751,328 for fiscal year 2001; and
(3) such sums as may be necessary in each fis-
cal year thereafter.
(b) USE OF CERTAIN FISCAL YEAR 2000 FUNDS.—
Of the amounts authorized to be appropriated under sub-
section (a)(1) for fiscal year 2000 for the United States
Customs Service, $48,404,000 shall be available until ex-
pended for acquisition and other expenses associated with
implementation and full deployment of narcotics enforce-
ment and cargo processing technology along the land bor-
ders of the United States, including—
(1) $6,000,000 for 8 Vehicle and Container In-
spection Systems (VACIS);
(2) $11,000,000 for 5 mobile truck x-rays with
transmission and backscatter imaging;
(3) $12,000,000 for the upgrade of 8 fixed-site
truck x-rays from the present energy level of
450,000 electron volts to 1,000,000 electron volts
(1–MeV);
(4) $7,200,000 for 8 1–MeV pallet x-rays;
(5) $1,000,000 for 200 portable contraband de-
tectors (busters) to be distributed among ports
where the current allocations are inadequate;
(6) $600,000 for 50 contraband detection kits
to be distributed among border ports based on traf-
fic volume and need as identified by the Customs
Service;
(7) $500,000 for 25 ultrasonic container in-
spection units to be distributed among ports receiv-
ing liquid-filled cargo and ports with a hazardous
material inspection facility, based on need as identi-
fied by the Customs Service;
(8) $2,450,000 for 7 automated targeting sys-
tems;
(9) $360,000 for 30 rapid tire deflator systems
to be distributed to those ports where port runners
are a threat;
(10) $480,000 for 20 Portable Treasury En-
forcement Communications System (TECS) termi-
nals to be moved among ports as needed;
(11) $1,000,000 for 20 remote watch surveil-
lance camera systems at ports where there are sus-
picious activities at loading docks, vehicle queues,
secondary inspection lanes, or areas where visual
surveillance or observation is obscured, based on
need as identified by the Customs Service;
(12) $1,254,000 for 57 weigh-in-motion sensors
to be distributed among the ports on the Southwest
border with the greatest volume of outbound traffic;
(13) $180,000 for 36 AM radio ‘‘Welcome to
the United States’’ stations, with one station to be
located at each border crossing point on the South-
west border;
(14) $1,040,000 for 260 inbound vehicle
counters to be installed at every inbound vehicle lane
on the Southwest border;
(15) $950,000 for 38 spotter camera systems to
counter the surveillance of Customs inspection ac-
tivities by persons outside the boundaries of ports
where such surveillance activities are occurring;
(16) $390,000 for 60 inbound commercial truck
transponders to be distributed to all ports of entry
on the Southwest border;
(17) $1,600,000 for 40 narcotics vapor and
particle detectors to be distributed to each border
crossing on the Southwest border; and
(18) $400,000 for license plate reader auto-
matic targeting software to be installed at each port
on the Southwest border to target inbound vehicles.
(c) USE OF CERTAIN FUNDS AFTER FISCAL YEAR
2000.—Of the amounts authorized to be appropriated
under paragraphs (2) and (3) of subsection (a) for the
United States Customs Service for fiscal year 2001 and
each fiscal year thereafter, $4,840,400 shall be for the
maintenance and support of the equipment and training
of personnel to maintain and support the equipment de-
scribed in subsection (b), based on an estimate of 10 per-
cent of the cost of such equipment.
(d) USE OF FUNDS FOR NEW TECHNOLOGIES.—
(1) IN GENERAL.—The Commissioner of Cus-
toms may use the amounts authorized to be appro-
priated for equipment under this section for equip-
ment other than the equipment specified in sub-
section (b) if such other equipment—
(A)(i) is technologically superior to the
equipment specified in subsection (b); and
(ii) will achieve at least the same results at
a cost that is the same or less than the equip-
ment specified in subsection (b); or
(B) can be obtained at a lower cost than
the equipment authorized in paragraphs (1)
through (18) of subsection (b).
(2) TRANSFER
OF
FUNDS.—Notwithstanding
any other provision of this section, the Commissioner
of Customs may reallocate an amount not to exceed
10 percent of the amount specified in paragraphs
(1) through (18) of subsection (b) for any other
equipment specified in such paragraphs.
(e) PEAK HOURS AND INVESTIGATIVE RESOURCE
ENHANCEMENT.—Of the amounts authorized to be appro-
priated under paragraphs (1) and (2) of subsection (a)
for the United States Customs Service, $112,844,584 in
fiscal year 2000 and $180,910,928 in fiscal year 2001
shall be for—
(1) a net increase of 535 inspectors and 60 spe-
cial agents for the Southwest border and 375 inspec-
tors for the Northern border, in order to open all
primary lanes on the Southwest and Northern bor-
ders during peak hours and enhance investigative re-
sources;
(2) a net increase of 285 inspectors and canine
enforcement officers to be distributed at large cargo
facilities as needed to process and screen cargo (in-
cluding rail cargo) and reduce commercial waiting
times on the land borders of the United States;
(3) a net increase of 360 special agents, 40 in-
telligence analysts, and additional resources to be
distributed among offices that have jurisdiction over
major metropolitan drug or narcotics distribution
and transportation centers for intensification of ef-
forts against drug smuggling and money-laundering
organizations;