[Congressional Record Volume 144, Number 105 (Thursday, July 30, 1998)]
[Senate]
[Pages S9477-S9479]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




             BORDER IMPROVEMENT AND IMMIGRATION ACT OF 1998

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                       ABRAHAM AMENDMENT NO. 3481

  Mr. JEFFORDS (for Mr. Abraham) proposed an amendment to the bill (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; as 
follows:

       Strike all after the enacting clause and insert the 
     following:

     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;

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       (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--

[[Page S9479]]

       (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.

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