[Congressional Record Volume 143, Number 129 (Wednesday, September 24, 1997)]
[Senate]
[Pages S9887-S9888]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]

      By Mr. DORGAN:
  S. 1212. A bill to amend the Illegal Immigration Reform and Immigrant 
Responsibility Act of 1996 to clarify that records of arrival or 
departure are not required to be collected for purposes of the 
automated entry-exit control system developed under 110 of such act for 
Canadians who are not otherwise required to possess a visa, passport, 
or border crossing identification card; to the Committee on the 
Judiciary.

[[Page S9888]]

    the illegal immigration reform and immigrant responsibility act 
                  clarification amendment act of 1997

  Mr. DORGAN. Mr. President, approximately 1 year ago the Illegal 
Immigration Reform and Immigrant Responsibility Act became law.
  Next year at this time, September 30, 1998, section 110 of this act 
will be implemented and will adversely--and unintentionally--affect our 
neighbors in Canada. Section 110 requires the Immigration and 
Naturalization Service [INS] to develop an automated entry and exit 
system for the purpose of documenting the entry and departure of every 
alien arriving and leaving the United States. The United States has 
never had such an alien departure management system.
  Unfortunately, section 110 as enacted fails to recognize the decades-
long practice of not requiring most Canadian nationals to fill out INS 
documents--referred to as ``I-94s'' at the border.
  In a December 18, 1996 letter to the Ambassador of Canada at the 
time, Raymond Chretien, Senator Alan Simpson, and Representative Lamar 
Smith, the chairmen of the Senate and the House Judiciary Subcommittees 
on Immigration, respectively, indicated to Ambassador Chretien that it 
was not the intention of the Judiciary Committee to impose any new 
requirements for border crossing cards--so-called I-94's--on Canadians 
who are not presently required to possess such documents.
  The legislation which I am introducing today--which was introduced in 
the House on September 16 by Congressman John LaFalce of New York--
would simply clarify the intent of Congress by exempting from the 
section 110 provisions of the act Canadian nationals who are not now 
required by law to possess a visa, passport, or border-crossing 
identification card to enter the United States.
  There is no logical reason to inhibit the flow of traffic between the 
United States and Canada. If the committee's intention is not 
clarified, and section 110 is implemented at the Canadian border, 
congestion would become intolerable.
  According to U.S. Customs, the port in Pembina, ND, saw 963,665 
individuals cross into North Dakota in fiscal year 1996, averaging 
2,640 people a day. Customs estimates that if the entry/exit system had 
to be implemented on the Canadian border, providing the agent to spend 
just 1 minute per person entering it would take two customs workers a 
nonstop daily shift of 22 hours to process them.
  An estimated 116 million persons cross into the United States at all 
land points on the Canadian border. Of these, 76 million are Canadian 
or United States permanent residents. More than $1 billion in goods and 
services trade crosses the United States/Canadian border each day. I 
urge the Judiciary Committee to consider soon mine or other legislation 
to clarify the intent of the 1996 act.
  Mr. President, I ask unanimous consent that the text of the bill be 
printed in the Record.
  There being no objection, the bill was ordered to be printed in the 
Record, as follows:

                                S. 1212

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

     SECTION 1. EXEMPTION FOR CERTAIN ALIENS FROM ENTRY-EXIT 
                   CONTROL SYSTEM.

       (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 the 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 records 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) Exemption for certain aliens.--The system under 
     paragraph (1) shall not collect a record of arrival or 
     departure for an alien--
       ``(A) who is--
       ``(i) a Canadian national; or
       ``(ii) an alien having a common nationality with Canadian 
     nationals and who has his or her residence in Canada; and
       ``(B) who is not otherwise required by law to be in 
     possession, for purposes of establishing eligibility for 
     admission into the United States, of--
       ``(i) a visa;
       ``(ii) a passport; or
       ``(iii) a border crossing identification card.''.
       (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 (Public Law 104-208; 110 Stat. 3009-546).
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