[Congressional Bills 105th Congress]
[From the U.S. Government Publishing Office]
[S. 1360 Reported in Senate (RS)]






                                                       Calendar No. 342
105th CONGRESS
  2d Session
                                S. 1360

 To amend the Illegal Immigration Reform and Immigrant Responsibility 
Act of 1996 to clarify and improve the requirements for the development 
   of an automated entry-exit control system, to enhance land border 
            control and enforcement, and for other purposes.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                            November 4, 1997

  Mr. Abraham (for himself, Mr. Kennedy, Mr. D'Amato, Mr. Leahy, Mr. 
Grams, Mr. Dorgan, Ms. Collins, Mrs. Murray, Mr. Burns, Ms. Snowe, Mr. 
Gorton, Mr. Levin, Mr. Jeffords, Mr. Graham, Mr. Murkowski, Mr. Craig, 
 Mr. Moynihan, Mr. DeWine, Mr. Thurmond, Mr. Cochran, Mr. Inouye, Ms. 
  Landrieu, Mr. Baucus, Mr. Wellstone, Mr. Akaka, Mr. Durbin, and Mr. 
  Kempthorne) introduced the following bill; which was read twice and 
               referred to the Committee on the Judiciary

                             April 23, 1998

 Reported by Mr. Hatch, with an amendment in the nature of a substitute
 [Strike out all after the enacting clause and insert the part printed 
                               in italic]

_______________________________________________________________________

                                 A BILL


 
 To amend the Illegal Immigration Reform and Immigrant Responsibility 
Act of 1996 to clarify and improve the requirements for the development 
   of an automated entry-exit control system, to enhance land border 
            control and enforcement, and for other purposes.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

<DELETED>SECTION 1. SHORT TITLE.</DELETED>

<DELETED>    This Act may be cited as the ``Border Improvement and 
Immigration Act of 1997''.</DELETED>

<DELETED>SEC. 2. AMENDMENT OF THE ILLEGAL IMMIGRATION REFORM AND 
              IMMIGRANT RESPONSIBILITY ACT OF 1996.</DELETED>

<DELETED>    (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:</DELETED>
<DELETED>    ``(a) System.--</DELETED>
        <DELETED>    ``(1) In general.--Subject to paragraph (2), not 
        later than 2 years after the date of the enactment of this Act, 
        the Attorney General shall develop an automated entry and exit 
        control system that will--</DELETED>
                <DELETED>    ``(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</DELETED>
                <DELETED>    ``(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.</DELETED>
        <DELETED>    ``(2) Exception.--The system under paragraph (1) 
        shall not collect a record of arrival or departure--</DELETED>
                <DELETED>    ``(A) at a land border of the United 
                States for any alien;</DELETED>
                <DELETED>    ``(B) for any alien lawfully admitted to 
                the United States for permanent residence; or</DELETED>
                <DELETED>    ``(C) 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.''.</DELETED>
<DELETED>    (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).</DELETED>

<DELETED>SEC. 3. REPORT.</DELETED>

<DELETED>    (a) Requirement.--Not later than two years 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 of 
the United States.</DELETED>
<DELETED>    (b) Contents of Report.--Such report shall--</DELETED>
        <DELETED>    (1) assess the costs and feasibility of various 
        means of operating such an automated entry-exit control system, 
        including exploring--</DELETED>
                <DELETED>    (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</DELETED>
                <DELETED>    (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;</DELETED>
        <DELETED>    (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;</DELETED>
        <DELETED>    (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</DELETED>
        <DELETED>    (4) estimate the length of time that would be 
        required for any such system to be developed and 
        implemented.</DELETED>

<DELETED>SEC. 4. INCREASED RESOURCES FOR BORDER CONTROL AND 
              ENFORCEMENT.</DELETED>

<DELETED>    (a) Increased Number of INS Inspectors at the Land 
Borders.--The Attorney General in each of fiscal years 1998, 1999, and 
2000 shall increase by not less than 300 the number of full-time 
inspectors assigned to active duty at the land borders of the United 
States by the Immigration and Naturalization Service, above the number 
of such positions for which funds were made available for the preceding 
fiscal year. Not less than one-half of the inspectors added under the 
preceding sentence in each fiscal year shall be assigned to the 
northern border of the United States.</DELETED>
<DELETED>    (b) Increased Number of Customs Inspectors at the Land 
Borders.--The Secretary of the Treasury in each of fiscal years 1998, 
1999, and 2000 shall increase by not less than 150 the number of full-
time inspectors assigned to active duty at the land borders of the 
United States by the Customs Service, above the number of such 
positions for which funds were made available for the preceding fiscal 
year. Not less than one-half of the inspectors added under the 
preceding sentence in each fiscal year shall be assigned to the 
northern border of the United States.</DELETED>

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 2 years 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. LIMITATION ON CERTAIN BORDER CROSSING-RELATED VISA FEES.

    (a) Limitation.--
            (1) In general.--Notwithstanding any other provision of 
        law, the Secretary of State may not charge a fee in excess of 
        the following amounts for the processing of any application for 
        the issuance of a visa under section 101(a)(15)(B) of the 
        Immigration and Nationality Act if the appropriate consular 
        officer has reason to believe that the visa will be used only 
        for travel in the United States within 25 miles of the 
        international border between the United States and Mexico and 
        for a period of less than 72 hours:
                    (i) In the case of any alien 18 years of age or 
                older, $45.
                    (ii) In the case of any alien under 18 years of 
                age, zero.
            (2) Period of validity of visas for certain minor 
        children.--If a consular officer has reason to believe that a 
        visa issued under section 101(a)(15)(B) of the Immigration and 
        Nationality Act to a child under 18 years of age will be used 
        only for travel in the United States within 25 miles of the 
        international border between the United States and Mexico for a 
        period of less than 72 hours, then the visa shall be issued to 
        expire on the date on which the child attains the age of 18.
    (b) Delay in Border Crossing Restrictions.--Section 104(b)(2) of 
the Illegal Immigration Reform and Immigrant Responsibility Act of 1996 
is amended by striking ``3 years'' and inserting ``4 years''.
    (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. AUTHORIZATIONS OF APPROPRIATIONS FOR BORDER CONTROL AND 
              ENFORCEMENT ACTIVITIES OF THE IMMIGRATION AND 
              NATURALIZATION SERVICE.

    (a) In General.--
            (1) INS.--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, 
        process cargo, 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--
                    (A) $113,604,000 for fiscal year 1999;
                    (B) $121,064,000 for fiscal year 2000; and
                    (C) such sums as may be necessary in each fiscal 
                year thereafter.
    (b) Fiscal Year 1999.--
            (1) INS.--Of the amounts authorized to be appropriated 
        under subsection (a)(2)(A) for fiscal year 1999 for the 
        Immigration and Naturalization Service, $15,090,000 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--
                    (A) $11,000,000 for 5 mobile truck x-rays with 
                transmission and backscatter imaging to be distributed 
                to border patrol checkpoints;
                    (B) $200,000 for 10 ultrasonic container inspection 
                units to be distributed to border patrol checkpoints;
                    (C) $240,000 for 10 Portable Treasury Enforcement 
                Communications System (TECS) terminals to be 
                distributed to border patrol checkpoints;
                    (D) $1,000,000 for 20 remote watch surveillance 
                camera systems to be distributed to border patrol 
                checkpoints;
                    (E) $180,000 for 36 AM radio ``Welcome to the 
                United States'' stations located at permanent border 
                patrol checkpoints;
                    (F) $875,000 for 36 spotter camera systems located 
                at permanent border patrol checkpoints; and
                    (G) $1,600,000 for 40 narcotics vapor and particle 
                detectors to be distributed to border patrol 
                checkpoints.
    (c) Fiscal Year 2000 and Thereafter.--
            (1) INS.--Of the amounts authorized to be appropriated 
        under this section for the Immigration and Naturalization 
        Service for fiscal year 2000 and each fiscal year thereafter, 
        $1,509,000 shall be for the maintenance and support of the 
        equipment and training of personnel to maintain and support the 
        equipment described in subsection (b)(1), based on an estimate 
        of 10 percent of the cost of such equipment.
    (d) New Technologies; Use of Funds.--
            (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 this 
        section if such other equipment--
                    (A)(i) is technologically superior to the equipment 
                specified; and
                    (ii) will achieve at least the same results at a 
                cost that is the same or less than the equipment 
                specified; or
                    (B) can be obtained at a lower cost than the 
                equipment authorized.
            (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 for equipment 
        specified in this section.
    (e) Peak Hours and Investigative Resource Enhancement.--
            (1) INS.--Of the amounts authorized to be appropriated 
        under this section for fiscal years 1999 and 2000, $98,514,000 
        in fiscal year 1999 and $119,555,000 for fiscal year 2000 shall 
        be for--
                    (A) 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;
                    (B) a net increase of 100 inspectors and canine 
                enforcement officers for border patrol checkpoints;
                    (C) 100 canine enforcement vehicles to be used by 
                the Border Patrol for inspection and enforcement, and 
                to reduce waiting times, at the land borders of the 
                United States;
                    (D) 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;
                    (E) 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
                    (F) the costs incurred as a result of the increase 
                in personnel hired pursuant to this section.

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

    Given that the Customs Service is cross-designated to enforce 
immigration laws and given the important border control role played by 
the Customs Service, it is the sense of the Senate that authorization 
for appropriations should be granted to the Customs Service similar to 
those granted to the Immigration and Naturalization Service under 
section 6.
                                     





                                                       Calendar No. 342

105th CONGRESS

  2d Session

                                S. 1360

_______________________________________________________________________

                                 A BILL

 To amend the Illegal Immigration Reform and Immigrant Responsibility 
Act of 1996 to clarify and improve the requirements for the development 
   of an automated entry-exit control system, to enhance land border 
            control and enforcement, and for other purposes.

_______________________________________________________________________

                             April 23, 1998

        Reported with an amendment in the nature of a substitute