[Congressional Bills 105th Congress]
[From the U.S. Government Publishing Office]
[H.R. 2920 Engrossed Amendment Senate (EAS)]

  
  
  
  
  
  
  
  
  
  

                  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 
amounts authorized to be appropriated under paragraphs (1) and (2) of 
subsection (a) for the Immigration and Naturalization Service for 
fiscal years 1999 and 2000, $100,514,000 in fiscal year 1999 and 
$121,555,000 for fiscal year 2000 shall be for--
            (1) a net increase of 535 inspectors for the Southwest land 
        border and 375 inspectors for the Northern land border, in 
        order to open all primary lanes on the Southwest and Northern 
        borders during peak hours and enhance investigative resources;
            (2) in order to enhance enforcement and reduce waiting 
        times, a net increase of 100 inspectors and canine enforcement 
        officers for border patrol checkpoints and ports-of-entry, as 
        well as 100 canines and 5 canine trainers;
            (3) 100 canine enforcement vehicles to be used by the 
        Immigration and Naturalization Service for inspection and 
        enforcement at the land borders of the United States;
            (4) a net increase of 40 intelligence analysts and 
        additional resources to be distributed among border patrol 
        sectors that have jurisdiction over major metropolitan drug or 
        narcotics distribution and transportation centers for 
        intensification of efforts against drug smuggling and money-
        laundering organizations;
            (5) a net increase of 68 positions and additional resources 
        to the Office of the Inspector General of the Department of 
        Justice to enhance investigative resources for anticorruption 
        efforts; and
            (6) the costs incurred as a result of the increase in 
        personnel hired pursuant to this section.

SEC. 7. AUTHORIZATION OF APPROPRIATIONS FOR BORDER CONTROL AND 
              ENFORCEMENT ACTIVITIES OF THE UNITED STATES CUSTOMS 
              SERVICE.

    (a) Authorization.--In order to enhance border investigative 
resources on the land borders of the United States, enhance 
investigative resources for anticorruption efforts, intensify efforts 
against drug smuggling and money-laundering organizations, process 
cargo, reduce commercial and passenger traffic waiting times, and open 
all primary lanes during peak hours at certain ports on the Southwest 
and Northern borders, in addition to any other amount appropriated, 
there are authorized to be appropriated for salaries, expenses, and 
equipment for the United States Customs Service for purposes of 
carrying out this section--
            (1) $161,248,584 for fiscal year 1999;
            (2) $185,751,328 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 United States Customs Service, $48,404,000 shall be 
available until expended for acquisition and other expenses associated 
with implementation and full deployment of narcotics enforcement and 
cargo processing technology along the land borders of the United 
States, including--
            (1) $6,000,000 for 8 Vehicle and Container Inspection 
        Systems (VACIS);
            (2) $11,000,000 for 5 mobile truck x-rays with transmission 
        and backscatter imaging;
            (3) $12,000,000 for the upgrade of 8 fixed-site truck x-
        rays from the present energy level of 450,000 electron volts to 
        1,000,000 electron volts (1-MeV);
            (4) $7,200,000 for 8 1-MeV pallet x-rays;
            (5) $1,000,000 for 200 portable contraband detectors 
        (busters) to be distributed among ports where the current 
        allocations are inadequate;
            (6) $600,000 for 50 contraband detection kits to be 
        distributed among border ports based on traffic volume and need 
        as identified by the Customs Service;
            (7) $500,000 for 25 ultrasonic container inspection units 
        to be distributed among ports receiving liquid-filled cargo and 
        ports with a hazardous material inspection facility, based on 
        need as identified by the Customs Service;
            (8) $2,450,000 for 7 automated targeting systems;
            (9) $360,000 for 30 rapid tire deflator systems to be 
        distributed to those ports where port runners are a threat;
            (10) $480,000 for 20 Portable Treasury Enforcement 
        Communications System (TECS) terminals to be moved among ports 
        as needed;
            (11) $1,000,000 for 20 remote watch surveillance camera 
        systems at ports where there are suspicious activities at 
        loading docks, vehicle queues, secondary inspection lanes, or 
        areas where visual surveillance or observation is obscured, 
        based on need as identified by the Customs Service;
            (12) $1,254,000 for 57 weigh-in-motion sensors to be 
        distributed among the ports on the Southwest border with the 
        greatest volume of outbound traffic;
            (13) $180,000 for 36 AM radio ``Welcome to the United 
        States'' stations, with one station to be located at each 
        border crossing point on the Southwest border;
            (14) $1,040,000 for 260 inbound vehicle counters to be 
        installed at every inbound vehicle lane on the Southwest 
        border;
            (15) $950,000 for 38 spotter camera systems to counter the 
        surveillance of Customs inspection activities by persons 
        outside the boundaries of ports where such surveillance 
        activities are occurring;
            (16) $390,000 for 60 inbound commercial truck transponders 
        to be distributed to all ports of entry on the Southwest 
        border;
            (17) $1,600,000 for 40 narcotics vapor and particle 
        detectors to be distributed to each border crossing on the 
        Southwest border; and
            (18) $400,000 for license plate reader automatic targeting 
        software to be installed at each port on the Southwest border 
        to target inbound vehicles.
    (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 United States Customs Service for fiscal year 
2000 and each fiscal year thereafter, $4,840,400 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 10 percent of the cost of such equipment.
    (d) Use of Funds for New Technologies.--
            (1) In general.--The Commissioner of Customs 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 paragraphs (1) through (18) of 
                subsection (b).
            (2) Transfer of funds.--Notwithstanding any other provision 
        of this section, the Commissioner of Customs may reallocate an 
        amount not to exceed 10 percent of the amount specified in 
        paragraphs (1) through (18) of subsection (b) for any other 
        equipment specified in such paragraphs.
    (e) Peak Hours and Investigative Resource Enhancement.--Of the 
amounts authorized to be appropriated under paragraphs (1) and (2) of 
subsection (a) for the United States Customs Service for fiscal years 
1999 and 2000, $112,844,584 in fiscal year 1999 and $180,910,928 for 
fiscal year 2000 shall be for--
            (1) a net increase of 535 inspectors and 60 special agents 
        for the Southwest border and 375 inspectors for the Northern 
        border, in order to open all primary lanes on the Southwest and 
        Northern borders during peak hours and enhance investigative 
        resources;
            (2) a net increase of 285 inspectors and canine enforcement 
        officers to be distributed at large cargo facilities as needed 
        to process and screen cargo (including rail cargo) and reduce 
        commercial waiting times on the land borders of the United 
        States;
            (3) a net increase of 360 special agents, 40 intelligence 
        analysts, and additional resources to be distributed among 
        offices that have jurisdiction over major metropolitan drug or 
        narcotics distribution and transportation centers for 
        intensification of efforts against drug smuggling and money-
        laundering organizations;
            (4) a net increase of 50 positions and additional resources 
        to the Office of Internal Affairs to enhance investigative 
        resources for anticorruption efforts; and
            (5) the costs incurred as a result of the increase in 
        personnel hired pursuant to this section.

            Attest:

                                                             Secretary.
105th CONGRESS

  2d Session

                               H. R. 2920

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                               AMENDMENT

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