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