[Congressional Bills 106th Congress]
[From the U.S. Government Publishing Office]
[H.R. 4489 Enrolled Bill (ENR)]

        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 
           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 
    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 legislative 
    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 Commerce, 
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.