106TH CONGRESS
2D SESSION
H. R. 4489
AN ACT
To amend section 110 of the Illegal Immigration
Reform and Immigrant Responsibility Act of
1996, and for other purposes.
106TH CONGRESS
2D SESSION
H. R. 4489
AN ACT
To amend section 110 of the Illegal Immigration Reform
and Immigrant Responsibility Act of 1996, and for other
purposes.
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 ‘‘Immigration and Nat-
uralization Service Data Management Improvement Act of
2000’’.
SEC. 2. AMENDMENT TO SECTION 110 OF IIRIRA.
(a) IN GENERAL.—Section 110 of the Illegal Immi-
gration Reform and Immigrant Responsibility Act of 1996
(8 U.S.C. 1221 note) is amended to read as follows:
‘‘SEC. 110. INTEGRATED ENTRY AND EXIT DATA SYSTEM.
‘‘(a) REQUIREMENT.—The Attorney General shall
implement an integrated entry and exit data system.
‘‘(b) INTEGRATED ENTRY AND EXIT DATA SYSTEM
DEFINED.—For purposes of this section, the term ‘inte-
grated entry and exit data system’ means an electronic
system that—
‘‘(1) provides access to, and integrates, alien ar-
rival and departure data that are—
‘‘(A) authorized or required to be created
or collected under law;
‘‘(B) in an electronic format; and
‘‘(C) in a data base of the Department of
Justice or the Department of State, including
those created or used at ports of entry and at
consular offices;
‘‘(2) uses available data described in paragraph
(1) to produce a report of arriving and departing
aliens by country of nationality, classification as an
immigrant or nonimmigrant, and date of arrival in,
and departure from, the United States;
‘‘(3) matches an alien’s available arrival data
with the alien’s available departure data;
‘‘(4) assists the Attorney General (and the Sec-
retary of State, to the extent necessary to carry out
such Secretary’s obligations under immigration law)
to identify, through on-line searching procedures,
lawfully admitted nonimmigrants who may have re-
mained in the United States beyond the period au-
thorized by the Attorney General; and
‘‘(5) otherwise uses available alien arrival and
departure data described in paragraph (1) to permit
the Attorney General to make the reports required
under subsection (e).
‘‘(c) CONSTRUCTION.—
‘‘(1) NO ADDITIONAL AUTHORITY TO IMPOSE
DOCUMENTARY
OR
DATA
COLLECTION
REQUIRE-
MENTS.—Nothing in this section shall be construed
to permit the Attorney General or the Secretary of
State to impose any new documentary or data collec-
tion requirements on any person in order to satisfy
the requirements of this section, including—
‘‘(A) requirements on any alien for whom
the 
documentary 
requirements 
in 
section
212(a)(7)(B) of the Immigration and Nation-
ality Act (8 U.S.C. 1182(a)(7)(B)) have been
waived by the Attorney General and the Sec-
retary of State under section 212(d)(4)(B) of
such Act (8 U.S.C. 1182(d)(4)(B)); or
‘‘(B) requirements that are inconsistent
with the North American Free Trade Agree-
ment.
‘‘(2) NO REDUCTION OF AUTHORITY.—Nothing
in this section shall be construed to reduce or curtail
any authority of the Attorney General or the Sec-
retary of State under any other provision of law.
‘‘(d) DEADLINES.—
‘‘(1) AIRPORTS AND SEAPORTS.—Not later than
December 31, 2003, the Attorney General shall im-
plement the integrated entry and exit data system
using available alien arrival and departure data de-
scribed in subsection (b)(1) pertaining to aliens ar-
riving in, or departing from, the United States at an
airport or seaport. Such implementation shall in-
clude ensuring that such data, when collected or cre-
ated by an immigration officer at an airport or sea-
port, are entered into the system and can be
accessed by immigration officers at other airports
and seaports.
‘‘(2) HIGH-TRAFFIC LAND BORDER PORTS OF
ENTRY.—Not later than December 31, 2004, the At-
torney General shall implement the integrated entry
and exit data system using the data described in
paragraph (1) and available alien arrival and depar-
ture data described in subsection (b)(1) pertaining
to aliens arriving in, or departing from, the United
States at the 50 land border ports of entry deter-
mined by the Attorney General to serve the highest
numbers of arriving and departing aliens. Such im-
plementation shall include ensuring that such data,
when collected or created by an immigration officer
at such a port of entry, are entered into the system
and can be accessed by immigration officers at air-
ports, seaports, and other such land border ports of
entry.
‘‘(3) REMAINING
DATA.—Not later than De-
cember 31, 2005, the Attorney General shall fully
implement the integrated entry and exit data system
using all data described in subsection (b)(1). Such
implementation shall include ensuring that all such
data are available to immigration officers at all ports
of entry into the United States.
‘‘(e) REPORTS.—
‘‘(1) IN GENERAL.—Not later than December
31 of each year following the commencement of im-
plementation of the integrated entry and exit data
system, the Attorney General shall use the system to
prepare an annual report to the Committees on the
Judiciary of the House of Representatives and of the
Senate.
‘‘(2) INFORMATION.—Each report shall include
the following information with respect to the pre-
ceding fiscal year, and an analysis of that informa-
tion:
‘‘(A) The number of aliens for whom de-
parture data was collected during the reporting
period, with an accounting by country of na-
tionality of the departing alien.
‘‘(B) The number of departing aliens
whose departure data was successfully matched
to the alien’s arrival data, with an accounting
by the alien’s country of nationality and by the
alien’s classification as an immigrant or non-
immigrant.
‘‘(C) The number of aliens who arrived
pursuant to a nonimmigrant visa, or as a visitor
under the visa waiver program under section
217 of the Immigration and Nationality Act (8
U.S.C. 1187), for whom no matching departure
data have been obtained through the system or
through other means as of the end of the alien’s
authorized period of stay, with an accounting
by the alien’s country of nationality and date of
arrival in the United States.
‘‘(D) The number of lawfully admitted
nonimmigrants identified as having remained in
the United States beyond the period authorized
by the Attorney General, with an accounting by
the alien’s country of nationality.
‘‘(f) AUTHORITY TO PROVIDE ACCESS TO SYSTEM.—
‘‘(1) IN GENERAL.—Subject to subsection (d),
the Attorney General, in consultation with the Sec-
retary of State, shall determine which officers and
employees of the Departments of Justice and State
may enter data into, and have access to the data
contained in, the integrated entry and exit data sys-
tem.
‘‘(2) OTHER LAW ENFORCEMENT OFFICIALS.—
The Attorney General, in the discretion of the Attor-
ney General, may permit other Federal, State, and
local law enforcement officials to have access to the
data contained in the integrated entry and exit data
system for law enforcement purposes.
‘‘(g) USE OF TASK FORCE RECOMMENDATIONS.—
The Attorney General shall continuously update and im-
prove the integrated entry and exit data system as tech-
nology improves and using the recommendations of the
task force established under section 3 of the Immigration
and Naturalization Service Data Management Improve-
ment Act of 2000.
‘‘(h) AUTHORIZATION OF APPROPRIATIONS.—There
are authorized to be appropriated to carry out this section
such sums as may be necessary for fiscal years 2001
through 2008.’’.
(b) CLERICAL AMENDMENT.—The table of contents
of the Illegal Immigration Reform and Immigrant Respon-
sibility Act of 1996 is amended by amending the item re-
lating to section 110 to read as follows:
‘‘Sec. 110. Integrated entry and exit data system.’’.
SEC. 3. TASK FORCE.
(a) ESTABLISHMENT.—Not later than 6 months after
the date of the enactment of this Act, the Attorney Gen-
eral, in consultation with the Secretary of State, the Sec-
retary of Commerce, and the Secretary of the Treasury,
shall establish a task force to carry out the duties de-
scribed in subsection (c) (in this section referred to as the
‘‘Task Force’’).
(b) MEMBERSHIP.—
(1) CHAIRPERSON; APPOINTMENT
OF
MEM-
BERS.—The Task Force shall be composed of the
Attorney General and 16 other members appointed
in accordance with paragraph (2). The Attorney
General shall be the chairperson and shall appoint
the other members.
(2) APPOINTMENT
REQUIREMENTS.—In ap-
pointing the other members of the Task Force, the
Attorney General shall include—
(A) representatives of Federal, State, and
local agencies with an interest in the duties of
the Task Force, including representatives of
agencies with an interest in—
(i) immigration and naturalization;
(ii) travel and tourism;
(iii) transportation;
(iv) trade;
(v) law enforcement;
(vi) national security; or
(vii) the environment; and
(B) private sector representatives of af-
fected industries and groups.
(3) TERMS.—Each member shall be appointed
for the life of the Task Force. Any vacancy shall be
filled by the Attorney General.
(4) COMPENSATION.—
(A) IN GENERAL.—Each member of the
Task Force shall serve without compensation,
and members who are officers or employees of
the United States shall serve without compensa-
tion in addition to that received for their serv-
ices as officers or employees of the United
States.
(B) TRAVEL EXPENSES.—The members of
the Task Force shall be allowed travel expenses,
including per diem in lieu of subsistence, at
rates authorized for employees of agencies
under subchapter I of chapter 57 of title 5,
United States Code, while away from their
homes or regular places of business in the per-
formance of service for the Task Force.
(c) DUTIES.—The Task Force shall evaluate the fol-
lowing:
(1) How the Attorney General can efficiently
and effectively carry out section 110 of the Illegal
Immigration Reform and Immigrant Responsibility
Act of 1996 (8 U.S.C. 1221 note), as amended by
section 2 of this Act.
(2) How the United States can improve the
flow of traffic at airports, seaports, and land border
ports of entry through—
(A) enhancing systems for data collection
and data sharing, including the integrated entry
and exit data system described in section 110
of the Illegal Immigration Reform and Immi-
grant Responsibility Act of 1996 (8 U.S.C.
1221 note), as amended by section 2 of this
Act, by better use of technology, resources, and
personnel;
(B) increasing cooperation between the
public and private sectors;
(C) increasing cooperation among Federal
agencies and among Federal and State agen-
cies; and
(D) modifying information technology sys-
tems while taking into account the different
data systems, infrastructure, and processing
procedures of airports, seaports, and land bor-
der ports of entry.
(3) The cost of implementing each of its rec-
ommendations.
(d) STAFF AND SUPPORT SERVICES.—
(1) IN GENERAL.—The Attorney General may,
without regard to the civil service laws and regula-
tions, appoint and terminate an executive director
and such other additional personnel as may be nec-
essary to enable the Task Force to perform its du-
ties. The employment and termination of an execu-
tive director shall be subject to confirmation by a
majority of the members of the Task Force.
(2) COMPENSATION.—The executive director
shall be compensated at a rate not to exceed the rate
payable for level V of the Executive Schedule under
section 5316 of title 5, United States Code. The At-
torney General may fix the compensation of other
personnel without regard to the provisions of chapter
51 and subchapter III of chapter 53 of title 5,
United States Code, relating to classification of posi-
tions and General Schedule pay rates, except that
the rate of pay for such personnel may not exceed
the rate payable for level V of the Executive Sched-
ule under section 5316 of such title.
(3) DETAIL
OF
GOVERNMENT
EMPLOYEES.—
Any Federal Government employee, with the ap-
proval of the head of the appropriate Federal agen-
cy, may be detailed to the Task Force without reim-
bursement, and such detail shall be without inter-
ruption or loss of civil service status, benefits, or
privilege.
(4) PROCUREMENT OF TEMPORARY AND INTER-
MITTENT
SERVICES.—The Attorney General may
procure temporary and intermittent services for the
Task Force under section 3109(b) of title 5, United
States Code, at rates for individuals not to exceed
the daily equivalent of the annual rate of basic pay
prescribed for level V of the Executive Schedule
under section 5316 of such title.
(5) ADMINISTRATIVE
SUPPORT
SERVICES.—
Upon the request of the Attorney General, the Ad-
ministrator of General Services shall provide to the
Task Force, on a reimbursable basis, the adminis-
trative support services necessary for the Task Force
to carry out its responsibilities under this section.
(e) HEARINGS
AND SESSIONS.—The Task Force
may, for the purpose of carrying out this section, hold
hearings, sit and act at times and places, take testimony,
and receive evidence as the Task Force considers appro-
priate.
(f) OBTAINING OFFICIAL DATA.—The Task Force
may secure directly from any department or agency of the
United States information necessary to enable it to carry
out this section. Upon request of the Attorney General,
the head of that department or agency shall furnish that
information to the Task Force.
(g) REPORTS.—
(1) DEADLINE.—Not later than December 31,
2002, and not later than December 31 of each year
thereafter in which the Task Force is in existence,
the Attorney General shall submit a report to the
Committees on the Judiciary of the House of Rep-
resentatives and of the Senate containing the find-
ings, conclusions, and recommendations of the Task
Force. Each report shall also measure and evaluate
how much progress the Task Force has made, how
much work remains, how long the remaining work
will take to complete, and the cost of completing the
remaining work.
(2) DELEGATION.—The Attorney General may
delegate to the Commissioner, Immigration and Nat-
uralization Service, the responsibility for preparing
and transmitting any such report.
(h) LEGISLATIVE RECOMMENDATIONS.—
(1) IN GENERAL.—The Attorney General shall
make such legislative recommendations as the Attor-
ney General deems appropriate—
should consult with affected foreign governments to im-
prove border management cooperation.
Passed the House of Representatives May 23, 2000.
Attest:
Clerk.