Home > 105th Congressional Bills > H.R. 2920 (eh) To amend the Illegal Immigration Reform and Immigrant Responsibility Act of 1996 to modify the requirements for implementation of an entry- exit control system. ...H.R. 2920 (eh) 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 Senate of the United States,
July 30, 1998.
Resolved, That the bill from the House of Representatives (H.R.
2920) entitled ``An Act to amend the Illegal Immigration Reform and
Immigrant Responsibility Act of 1996 to modify the requirements for
implementation of an entry-exit control system.'', do pass with the
following
AMENDMENT:
Strike out all after the enacting clause and insert:
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Border Improvement and Immigration
Act of 1998''.
SEC. 2. AMENDMENT OF THE ILLEGAL IMMIGRATION REFORM AND IMMIGRANT
RESPONSIBILITY ACT OF 1996.
(a) In General.--Section 110(a) of the Illegal Immigration 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 identify,
through on-line searching procedures, lawfully admitted
nonimmigrants who remain in the United States beyond
the period authorized by the Attorney General.
``(2) Exception.--The system under paragraph (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 documentary
requirements in section 212(a)(7)(B) of the Immigration
and Nationality Act have been waived by the Attorney
General and the Secretary 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 enactment 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 feasibility of developing and implementing an
automated entry-exit control system that would 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, including departures and arrivals 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 control system
were limited to certain aliens arriving 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, negotiating
reciprocal agreements with the governments 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 implemented 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
increase; 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 Attorney General certifies to Congress
that the entry-exit control system required by section 110(a) of the
Illegal Immigration Reform and Immigrant Responsibility 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 status of the
development of the entry-exit control system;
(2) includes a specific schedule for the development of the
entry-exit control system that the Attorney 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 Identified 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
Responsibility Act of 1996, as so amended, with a separate
accounting of such numbers by country of nationality;
(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 separate accounting of such
numbers by country of nationality and by classification as
immigrant or nonimmigrant; and
(3) the number of aliens who arrived as nonimmigrants, or
as visitors under the visa waiver program under section 217 of
the Immigration and Nationality 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 arrival in the United States.
(c) Incorporation into Other Databases.--Information 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 Department of State,
including those used at ports-of-entry and at consular offices.
SEC. 5. BORDER CROSSING-RELATED VISAS.
(a) Waiver of Fees for Certain Visas.--
(1) Requirement.--Notwithstanding any other provision of
law, the Secretary of State or the Attorney General may waive
all or part of any fee or fees for the processing of any
application for the issuance of a combined border crossing
identification card and nonimmigrant visa under section
101(a)(15)(B) of the Immigration and Nationality Act where the
application is made in Mexico on behalf of a Mexican national
under 15 years old at the time of application.
(2) Period of validity of visas.--
(A) In general.--Except as provided in subparagraph
(B), if the fee for a combined border crossing card and
nonimmigrant visa issued under section 101(a)(15)(B) of
the Immigration and Nationality Act has been waived
under paragraph (1) for a child under 15 years of age,
the visa shall be issued to expire on the earlier of--
(i) the date that is 10 years after the
date of issuance; or
(ii) the date on which the child attains
the age of 15.
(B) Exception.--At the request of the parent or
guardian of any alien under 15 years of age otherwise
covered by subparagraph (A), the Secretary of State or
the Attorney General may charge a fee for the
processing of an application of the issuance of a
combined border crossing card and nonimmigrant visa
under section 101(a)(15)(B) of the Immigration and
Nationality Act provided that the visa is issued to
expire as of the same date as is usually provided for
visas issued under that section.
(3) Level of fees.--Notwithstanding any other provision of
law, fees authorized pursuant to section 140(a) of the Foreign
Relations Authorization Act, Fiscal Years 1994 and 1995 (8
U.S.C. 1351 note) may be set at a level that will ensure
recovery of the full cost to the Department of State of
providing machine readable nonimmigrant visas and machine
readable combined border crossing identification cards and
nonimmigrant visas, including the cost of such combined cards
and visas for which the fee is waived pursuant to this
subsection.
(b) Modified Schedule for Implementation of Border Crossing
Restrictions.--
(1) Modified schedule.--Paragraph (2) of section 104(b) of
the Illegal Immigration Reform and Immigrant Responsibility Act
of 1996 (division C of Public Law 104-208; 110 Stat. 3009-555;
8 U.S.C. 1101 note) is amended to read as follows:
``(2) Clause b.--Clause (B) of such sentence shall apply to
the extent that inspections personnel and technology in
operation at the port of entry can verify information from the
card. For the replacement of existing border crossing
identification cards, clause (B) of such sentence shall apply
in accordance with the timetable as follows:
``(A) As of October 1, 2000, to not less than 25
percent of the border crossing identification cards in
circulation as of April 1, 1998.
``(B) As of October 1, 2001, to not less than 50
percent of such cards in circulation as of April 1,
1998.
``(C) As of October 1, 2002, to not less than 75
percent of such cards in circulation as of April 1,
1998.
``(D) As of October 1, 2003, to all such cards in
circulation as of April 1, 1998.''.
(2) Earlier deadlines.--Such section 104(b) is further
amended by adding at the end the following:
``(3) Earlier deadlines.--If the Secretary of State and the
Attorney General jointly determine that sufficient capacity
exists to replace border crossing identification cards in
advance of any of the deadlines otherwise provided for under
paragraph (2), the Secretary and the Attorney General may by
regulation advance such deadlines.''.
(c) Processing in Mexican Border Cities.--The Secretary of State
shall continue, until at least October 1, 2000, to process applications
for visas under section 101(a)(15)(B) of the Immigration and
Nationality Act at the following cities in Mexico located near the
international border with the United States: Nogales, Nuevo Laredo,
Ciudad Acuna, Piedras Negras, Agua Prieta, and Reynosa.
SEC. 6. AUTHORIZATION OF APPROPRIATIONS FOR BORDER CONTROL AND
ENFORCEMENT ACTIVITIES OF THE IMMIGRATION AND
NATURALIZATION SERVICE.
(a) Authorization.--In order to enhance enforcement 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 appropriated, there are authorized to be appropriated for
salaries, expenses, and equipment for the Immigration and
Naturalization Service for purposes of carrying out this section--
(1) $119,604,000 for fiscal year 1999;
(2) $123,064,000 for fiscal year 2000; and
(3) such sums as may be necessary in each fiscal year
thereafter.
(b) Use of Certain Fiscal Year 1999 Funds.--Of the amounts
authorized to be appropriated under subsection (a)(1) for fiscal year
1999 for the Immigration and Naturalization Service, $19,090,000 shall
be available until expended for acquisition and other expenses
associated 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 distributed to border patrol
checkpoints and in secondary inspection areas of land border
ports-of-entry;
(2) $200,000 for 10 ultrasonic container inspection 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 Enforcement
Communications System (TECS) terminals to be distributed to
border patrol checkpoints;
(4) $5,000,000 for 20 remote watch surveillance camera
systems to be distributed to border patrol 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 located 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 particle
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 1999.--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 equipment 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 equipment
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 equipment
specified in subsection (b).
(e) Peak Hours and Investigative Resource Enhancement.--Of the
Other Popular 105th Congressional Bills Documents:
|
| GovRecords.org presents information on various agencies of the United States Government. Even though all information is believed to be credible and accurate, no guarantees are made on the complete accuracy of our government records archive. Care should be taken to verify the information presented by responsible parties. Please see our reference page for congressional, presidential, and judicial branch contact information. GovRecords.org values visitor privacy. Please see the privacy page for more information. |
 |