H. R. 4489
One Hundred Sixth Congress
of the
United States of America
AT THE SECOND SESSION
Begun and held at the City of Washington on Monday,
the twenty-fourth day of January, two thousand
An Act
To amend section 110 of the Illegal Immigration Reform and Immigrant Responsi-
bility Act of 1996, and for other purposes.
Be it enacted by the Senate and House of Representatives of
the United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ‘‘Immigration and Naturalization
Service Data Management Improvement Act of 2000’’.
SEC. 2. AMENDMENT TO SECTION 110 OF IIRIRA.
(a) IN GENERAL.—Section 110 of the Illegal Immigration 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 ‘integrated entry and exit data
system’ means an electronic system that—
‘‘(1) provides access to, and integrates, alien arrival 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 Secretary 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 remained in the United States beyond the period
authorized 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.—
H. R. 4489—2
‘‘(1) NO ADDITIONAL AUTHORITY TO IMPOSE DOCUMENTARY
OR DATA COLLECTION REQUIREMENTS.—Nothing in this section
shall be construed to permit the Attorney General or the Sec-
retary of State to impose any new documentary or data collec-
tion requirements on any person in order to satisfy the require-
ments of this section, including—
‘‘(A) requirements on any alien for whom the documen-
tary requirements in section 212(a)(7)(B) of the Immigra-
tion and Nationality Act (8 U.S.C. 1182(a)(7)(B)) have been
waived by the Attorney General and the Secretary 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 Agreement.
‘‘(2) NO REDUCTION OF AUTHORITY.—Nothing in this section
shall be construed to reduce or curtail any authority of the
Attorney General or the Secretary of State under any other
provision of law.
‘‘(d) DEADLINES.—
‘‘(1) AIRPORTS AND SEAPORTS.—Not later than December
31, 2003, the Attorney General shall implement the integrated
entry and exit data system using available alien arrival and
departure data described in subsection (b)(1) pertaining to
aliens arriving in, or departing from, the United States at
an airport or seaport. Such implementation shall include
ensuring that such data, when collected or created by an
immigration officer at an airport or seaport, 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 Attorney General shall
implement the integrated entry and exit data system using
the data described in paragraph (1) and available alien arrival
and departure 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 determined by the Attorney
General to serve the highest numbers of arriving and departing
aliens. Such implementation 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 airports, seaports, and
other such land border ports of entry.
‘‘(3) REMAINING DATA.—Not later than December 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 implementation of the
integrated entry and exit data system, the Attorney General
shall use the system to prepare an annual report to the Commit-
tees on the Judiciary of the House of Representatives and
of the Senate.
H. R. 4489—3
‘‘(2) INFORMATION.—Each report shall include the following
information with respect to the preceding fiscal year, and an
analysis of that information:
‘‘(A) The number of aliens for whom departure data
was collected during the reporting period, with an
accounting by country of nationality 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 Nation-
ality 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 nation-
ality 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 Secretary of State, shall deter-
mine which officers and employees of the Departments of Jus-
tice and State may enter data into, and have access to the
data contained in, the integrated entry and exit data system.
‘‘(2) OTHER LAW ENFORCEMENT OFFICIALS.—The Attorney
General, in the discretion of the Attorney 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 improve the integrated entry
and exit data system as technology improves and using the rec-
ommendations of the task force established under section 3 of
the Immigration and Naturalization Service Data Management
Improvement 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 Responsibility Act of 1996
is amended by amending the item relating 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 General, in consultation
with the Secretary of State, the Secretary of Commerce, and the
Secretary of the Treasury, shall establish a task force to carry
out the duties described in subsection (c) (in this section referred
to as the ‘‘Task Force’’).
(b) MEMBERSHIP.—
H. R. 4489—4
(1) CHAIRPERSON; APPOINTMENT OF MEMBERS.—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 appointing 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 affected 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 com-
pensation in addition to that received for their services
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 performance of service for the Task
Force.
(c) DUTIES.—The Task Force shall evaluate the following:
(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 Immigrant 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 pri-
vate sectors;
(C) increasing cooperation among Federal agencies and
among Federal and State agencies; and
(D) modifying information technology systems while
taking into account the different data systems, infrastruc-
ture, and processing procedures of airports, seaports, and
land border ports of entry.
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(3) The cost of implementing each of its recommendations.
(d) STAFF AND SUPPORT SERVICES.—
(1) IN
GENERAL.—The Attorney General may, without
regard to the civil service laws and regulations, appoint and
terminate an executive director and such other additional per-
sonnel as may be necessary to enable the Task Force to perform
its duties. The employment and termination of an executive
director shall be subject to confirmation by a majority of the
members of the Task Force.
(2) COMPENSATION.—The executive director shall be com-
pensated 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 Attorney General may fix the com-
pensation 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 positions 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 Schedule under section 5316 of such title.
(3) DETAIL
OF
GOVERNMENT
EMPLOYEES.—Any Federal
Government employee, with the approval of the head of the
appropriate Federal agency, may be detailed to the Task Force
without reimbursement, and such detail shall be without
interruption or loss of civil service status, benefits, or privilege.
(4) PROCUREMENT OF TEMPORARY AND INTERMITTENT SERV-
ICES.—The Attorney General may procure temporary and inter-
mittent 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 Administrator of General Services
shall provide to the Task Force, on a reimbursable basis, the
administrative 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 appropriate.
(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 Representatives and of the Senate containing the
findings, 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.
H. R. 4489—6
(2) DELEGATION.—The Attorney General may delegate to
the Commissioner, Immigration and Naturalization 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 Attorney General deems
appropriate—
(A) to implement the recommendations of the Task
Force; and
(B) to obtain authorization for the appropriation of
funds, the expenditure of receipts, or the reprogramming
of existing funds to implement such recommendations.
(2) DELEGATION.—The Attorney General may delegate to
the Commissioner, Immigration and Naturalization Service, the
responsibility for preparing and transmitting any such legisla-
tive recommendations.
(i) TERMINATION.—The Task Force shall terminate on a date
designated by the Attorney General as the date on which the
work of the Task Force has been completed.
( j) 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 2003.
SEC. 4. SENSE OF THE CONGRESS REGARDING INTERNATIONAL
BORDER MANAGEMENT COOPERATION.
It is the sense of the Congress that the Attorney General,
in consultation with the Secretary of State, the Secretary of Com-
merce, and the Secretary of the Treasury, should consult with
affected foreign governments to improve border management
cooperation.
Speaker of the House of Representatives.
Vice President of the United States and
President of the Senate.