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paragraphs (1) and (2) on the same basis as
any country that has never previously been des-
ignated.’’.
SEC. 205. USE OF INFORMATION TECHNOLOGY SYSTEMS.
(a) IN GENERAL.—Section 217 of the Immigration
and Nationality Act (8 U.S.C. 1187), as amended by sec-
tion 203(b)(2), is further amended by adding at the end
the following:
‘‘(h) USE
OF
INFORMATION
TECHNOLOGY
SYS-
TEMS.—
‘‘(1) AUTOMATED ENTRY-EXIT CONTROL SYS-
TEM.—
‘‘(A) SYSTEM.—Not later than October 1,
2001, the Attorney General shall develop and
implement a fully automated entry and exit
control system that will collect a record of ar-
rival and departure for every alien who arrives
by sea or air at a port of entry into the United
States and is provided a waiver under the pro-
gram.
‘‘(B) REQUIREMENTS.—The system under
subparagraph (A) shall satisfy the following re-
quirements:
‘‘(i) DATE
COLLECTION
BY
CAR-
RIERS.—Not later than October 1, 2001,
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the records of arrival and departure de-
scribed in subparagraph (A) shall be
based, to the maximum extent practicable,
on passenger data collected and electroni-
cally transmitted to the automated entry
and exit control system by each carrier
that has an agreement under subsection
(a)(4).
‘‘(ii) DATA PROVISION IN CARRIERS.—
Not later than October 1, 2002, no waiver
may be provided under this section to an
alien arriving by sea or air at a port of
entry into the United States on a carrier
unless the carrier is electronically trans-
mitting to the automated entry and exit
control system passenger data determined
by the Attorney General to be sufficient to
permit the Attorney General to carry out
this paragraph.
‘‘(iii) 
CALCULATION.—The 
system
shall contain sufficient data to permit the
Attorney General to calculate, for each
program country and each fiscal year, the
portion of nationals of that country who
are described in subparagraph (A) and for
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whom no record of departure exists, ex-
pressed as a percentage of the total num-
ber of such nationals who are so described.
‘‘(C) REPORTING.—
‘‘(i) 
PERCENTAGE
OF
NATIONALS
LACKING DEPARTURE RECORD.—Not later
than January 30 of each year (beginning
with the year 2003), the Attorney General
shall submit a written report to the Com-
mittee on the Judiciary of the United
States House of Representatives and of the
Senate containing the calculation described
in subparagraph (B)(iii) for each program
country for the previous fiscal year.
‘‘(ii) SYSTEM
EFFECTIVENESS.—Not
later than October 1, 2004, the Attorney
General shall submit a written report to
the Committee on the Judiciary of the
United States House of Representatives
and of the Senate containing the following:
‘‘(I) The conclusions of the At-
torney General regarding the effec-
tiveness of the automated entry and
exit control system to be developed
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and implemented under this para-
graph.
‘‘(II) The recommendations of
the Attorney General regarding the
use of the calculation described in
subparagraph (B)(iii) as a basis for
evaluating whether to rescind or con-
tinue the designation of a country as
a program country.
‘‘(2) AUTOMATED DATA SHARING SYSTEM.—
‘‘(A) SYSTEM.—The Attorney General and
the Secretary of State shall develop and imple-
ment an automated data sharing system that
will permit them to share data in electronic
form from their respective records systems re-
garding the admissibility of aliens who are na-
tionals of a program country.
‘‘(B) REQUIREMENTS.—The system under
subparagraph (A) shall satisfy the following re-
quirements:
‘‘(i) SUPPLYING INFORMATION TO IM-
MIGRATION
OFFICERS
CONDUCTING
IN-
SPECTIONS
AT
PORTS
OF
ENTRY.—Not
later than October 1, 2002, the system
shall enable immigration officers con-
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ducting inspections at ports of entry under
section 235 to obtain from the system,
with respect to aliens seeking a waiver
under the program—
‘‘(I) any photograph of the alien
that may be contained in the records
of the Department of State or the
Service; and
‘‘(II) information on whether the
alien who ever been determined to be
ineligible to receive a visa or ineligible
to be admitted to the United States.
‘‘(ii) SUPPLYING
PHOTOGRAPHS
OF
INADMISSIBLE ALIENS.—The system shall
permit the Attorney General electronically
to obtain any photograph contained in the
records of the Secretary of State per-
taining to an alien who is a national of a
program country and has been determined
to be ineligible to receive a visa.
‘‘(iii) MAINTAINING RECORDS OF AP-
PLICATIONS FOR ADMISSION.—The system
shall maintain, for a minimum of 10 years,
information about each application for ad-
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mission made by an alien seeking a waiver
under the program, including the following:
‘‘(I) The name of each immigra-
tion officer conducting the inspection
of the alien at the port of entry.
‘‘(II) Any information described
in clause (i) that is obtained from the
system by any such officer.
‘‘(III) The results of the applica-
tion.’’.
(b) CONFORMING AMENDMENT.—Section 217(e)(1)
of the Immigration and Nationality Act (8 U.S.C.
1187(e)(1)) is amended—
(1) in subparagraph (B), by striking ‘‘and’’ at
the end;
(2) in subparagraph (C), by striking the period
at the end and inserting ‘‘, and’’; and
(3) by adding at the end the following:
‘‘(D) to collect, provide, and share pas-
senger data as required under subsection
(h)(1)(B).’’.
Æ