[106th Congress Public Law 215]
[From the U.S. Government Printing Office]


<DOC>
[DOCID: f:publ215.106]


[[Page 114 STAT. 337]]

Public Law 106-215
106th Congress

                                 An Act


 
  To amend section 110 of the Illegal Immigration Reform and Immigrant 
  Responsibility Act of 1996, and for other purposes. <<NOTE: June 15, 
                         2000 -  [H.R. 4489]>> 

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress <<NOTE: Immigration and 
Naturalization Service Data Management Improvement Act of 
2000.>> assembled,

SECTION 1. <<NOTE: 8 USC 1101 note.>> 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. <<NOTE: 8 USC 1365a.>> 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.--

[[Page 114 STAT. 338]]

            ``(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 <<NOTE: Deadline.>> 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.

[[Page 114 STAT. 339]]

            ``(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. <<NOTE: 8 USC 1365a note.>> TASK FORCE.

    (a) Establishment.--Not <<NOTE: Deadline.>> 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.--

[[Page 114 STAT. 340]]

            (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.

[[Page 114 STAT. 341]]

            (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.

[[Page 114 STAT. 342]]

            (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.

    Approved June 15, 2000.

LEGISLATIVE HISTORY--H.R. 4489:
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CONGRESSIONAL RECORD, Vol. 146 (2000):
            May 23, considered and passed House.
            May 25, considered and passed Senate.

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