[Congressional Bills 106th Congress]
[From the U.S. Government Publishing Office]
[H.R. 4489 Introduced in House (IH)]







106th CONGRESS
  2d Session
                                H. R. 4489

 To amend section 110 of the Illegal Immigration Reform and Immigrant 
          Responsibility Act of 1996, and for other purposes.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                              May 18, 2000

 Mr. Smith of Texas (for himself, Mr. Reynolds, Mr. Upton, Mr. DeLay, 
  Mr. Bonilla, Mr. Conyers, Ms. Jackson-Lee of Texas, Mr. Quinn, Mr. 
McHugh, Mr. LaFalce, Mr. Houghton, Mr. Sam Johnson of Texas, Mr. Reyes, 
 Mr. Metcalf, and Mr. Young of Alaska) introduced the following bill; 
          which was referred to the Committee on the Judiciary

_______________________________________________________________________

                                 A BILL


 
 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 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.
                                 <all>