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106th CONGRESS
2d Session
H. R. 4489
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
May 24, 2000
Received
_______________________________________________________________________
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 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.--
``(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 Secretary of
State to impose any new documentary or data collection
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 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 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 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 nonimmigrant.
``(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 Secretary 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 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 recommendations 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.--
(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 compensation 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
private 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,
infrastructure, and processing procedures of airports,
seaports, and land border ports of entry.
(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
personnel 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
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 Attorney 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
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 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 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.
(2) Delegation.--The Attorney General may delegate to the
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