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[Congressional Record: May 18, 2000 (Senate)]
[Page S4191-S4207]
From the Congressional Record Online via GPO Access [wais.access.gpo.gov]
[DOCID:cr18my00-132]                         

      By Mr. ABRAHAM (for himself, Mr. Leahy, Mr. Grams, Mr. Kennedy, 
        Ms. Snowe, Mr. Craig, Ms. Collins, Mr. Gorton, Mr.  Jeffords, 
        Mr. Schumer, Mr. Graham, Mr. Levin, Mr. DeWine, and Mrs. 
        Murray):
  S. 2599. A bill to amend section 110 of the Illegal Immigration 
Reform and Immigrant Responsibility Act of 1996, and for other 
purposes; to the Committee on the Judiciary.


immigration and naturalization service data management improvement act 
                                of 2000

  Mr. ABRAHAM. Mr. President, I rise today to introduce the Immigration 
and Naturalization Service Data Management Improvement Act of 2000. 
This bill is designed to save jobs in Michigan and other states and 
prevent potentially enormous, hours-long traffic delays on the U.S.-
Canadian border. That is achieved by amending Section 110 of the 1996 
immigration law.
  Mr. President, Section 110 of the 1996 Immigration Act mandated that 
an automated system be established to record the entry and exit of all 
aliens as a means to provide more information on individuals who ``over 
stay''

[[Page S4205]]

their visas. In the opinion of many it became clear that this well-
intentioned measured, if implemented, could have an unforeseen impact. 
Today, when INS or Customs officials inspect people at land borders, 
they examine papers as necessary and make quick determinations, using 
their discretion on when to solicit more information. According to Dan 
Stamper, President of the Detroit International Bridge Company, if 
every single passenger of every single vehicle were required to provide 
detailed information in a form that could be entered into a computer--
even assuming an incredibly quick 30 seconds per individual--the 
traffic delays could exceed 20 hours in numerous jurisdictions at the 
Northern border. This would obviously create significant economic and 
even environmental harm. Moreover, it would divert scarce law 
enforcement resources away from more effective measures.
  Out of concern for its harmful impact on Michigan and law 
enforcement, I passed legislation in 1998 to delay implementation of 
Section 110 from its original start date of Sept. 30, 1998, until March 
30, 2001. But it remained clear that a delay could not sufficiently 
satisfy concerns that the INS might develop a system that would prove 
harmful to the people of Michigan and other states.
  Mr. President, Fred Upton showed great leadership in the House on 
this issue and served his constituents extraordinarily well in helping 
to forge this compromise. Lamar Smith deserves great credit for working 
closely with us and his other House colleagues in making an agreement 
that meets the economic and security interests of all sides on this 
issue.
  This is a great victory for the people of Michigan. This agreement 
strikes the right balance in enhancing our security and immigration 
enforcement needs while ensuring that we preserve the jobs and the 
other economic benefits Michigan receives from our close relationship 
with Canada.
  This bill, the product of the agreement with the House, replaces the 
current requirement that by March 30, 2001, a record of arrival and 
departure be collected for every alien at all ports of entry with a 
more achievable requirement that the Immigration and Naturalization 
Service develop an ``integrated entry and exit data system'' that 
focuses on data INS already regularly collects at ports of entry.
  The goal of Section 110 has been to track individuals who overstay 
their allowable stay in the United States. That goal is redirected into 
a more achievable direction. INS will be directed to put in electronic 
and retrievable form the information already collected at ports of 
entry and pursue other measures steps to improve enforcement of U.S. 
immigration laws. In addition, a task force chaired by the Attorney 
General that will include representatives of other government agencies 
and the private sector is established to examine the need for and costs 
of any additional measures, including additional security measures, at 
our borders. The bill also calls for increased international 
cooperation in securing the land borders.

  In essence, the agreement substitutes this approach in place of a 
mandate that a system be developed that would have required that all 
foreign travelers or U.S. permanent residents be individually recorded 
into a system at ports of entry and exit, thereby likely bringing 
traffic to a halt on the northern border for miles, trapping U.S. 
travelers in the process and costing potentially tens of thousands of 
jobs in manufacturing, tourism and other industries. The agreement also 
maintains the status quo in preventing new documentary requirements on 
Canadian travelers.
  Mr. President, the bottom line is that we will have a system that 
enhances law enforcement capabilities and will not impose new or 
onerous requirements on travelers that would damage Americans or the 
American economy.
  I would like to thank the cosponsors of this legislation who have 
been so important in achieving success in this long three-year effort: 
Senators Leahy, Grams, Kennedy, Snowe, Collins, Craig, Gorton, 
Jeffords, Schumer, Graham, Levin, DeWine, and Murray.
  Mr. President, I ask unanimous consent that the text of the 
legislation be printed in the Record.
  There being no objection, the bill was ordered to be printed in the 
Record, as follows:

                                S. 2599

       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

[[Page S4206]]

     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,

[[Page S4207]]

     should consult with affected foreign governments to improve 
     border management cooperation.

  Mr. LEAHY. Mr. President, I am pleased to cosponsor this bill, which 
will help protect both America's economy and our relationship with 
Canada. In particular, citizens of states all across our Northern 
Border should breathe a sigh of relief that we appear to be close to 
finding a legislative solution to a potentially serious problem brewing 
along our border with Canada.
  This bill will replace section 110 of the Illegal Immigration Reform 
and Responsibility Act (IIRIRA). Section 110 would mandate that the 
Immigration and Naturalization Service (INS) establish an automated 
system to record the entry and exit of all aliens in order to track 
their movements within the United States and to determine those who 
``overstay'' their visas. the system has not yet been implemented.
  By requiring an automated system for monitoring the entry and exit of 
``all aliens,'' this provision requires that INS and Customs agents 
stop each vehicle or individual entering or exiting the United States 
at all ports of entry. Canadians, U.S. permanent residents and many 
others who are not currently required to show documentation of their 
status would likely either have to carry some form of identification or 
fill out paperwork at the points of entry.
  This sort of tracking system would be costly to implement along the 
Northern Border, especially since there is no current system or 
infrastructure to track the departure of citizens and others leaving 
the United States.
  Section 110 would also lead to excessive and costly traffic delays 
for those living and working near the border. These delays would surely 
have a negative impact on the $2.4 billion in goods and services 
shipped annually from Vermont to Canada and would likely reduce the 
$120 million per year which Canadians spend in Vermont.
  The Immigration and Naturalization Service Data Management 
Improvement Act will replace the existing Section 110 with a new 
provision that requires the Attorney General to implement an 
``integrated entry and exit data system.'' This system would simply 
integrate the arrival and departure data which already is authorized or 
required to be collected under current law, and which is in electronic 
format within databases held by the Justice and State Departments. The 
INS would not be required to take new steps to collect information from 
those entering and leaving the country, meaning that Canadians will 
have the same ability to enter the United States as they do today.
  This bill will ensure that tourists and trade continue to freely 
cross the border, without additional documentation requirements. This 
bill will also guarantee that more than $1 billion daily cross-border 
trade is not hindered in any way. Just as importantly, Vermonters and 
others who cross our nation's land borders on a daily basis to work or 
visit with family or friends should be able to continue to do so 
without additional border delays.
  This is an issue that I have worked on ever since section 110 was 
originally adopted in 1996. In 1997, along with Senator Abraham and 
others, I introduced the ``Border Improvement and Immigration Act of 
1997.'' Among other things, that legislation would have (1) 
specifically exempted Canadians from any new documentation or paperwork 
requirements when crossing the border into the United States; (2) 
required the Attorney General to discuss the development of 
``reciprocal agreements'' with the Secretary of State and the 
governments of contiguous countries to collect the data on visa 
overstayers; and (3) required the Attorney General to increase the 
number of INS inspectors by 300 per year and the number of Customs 
inspectors by 150 per year for the next three years, with at least half 
of those inspectors being assigned to the Northern Border.
  I also worked with Senator Abraham, Senator Kennedy, and other 
Senators to obtain postponements in the implementation date for the 
automated system mandated by section 110. We were successful in those 
attempts, delaying implementation until March 30, 2001. But delays are 
by nature only a temporary solution; in the legislation we introduce 
today, I believe we have found a permanent solution that allows us to 
keep track of the flow of foreign nationals entering and leaving the 
United States without crippling commerce or our important relationship 
with Canada. That is why I am proud to support this legislation, and 
why I urge prompt action.

                          


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