Border Improvement and Immigration Act of 1999 - Amends the Illegal Immigration Reform and Immigrant Responsibility Act of 1996 with respect to the automated entry-exit control system to exempt from required recordkeeping: (1) land border crossings and seaports; and (2) permanent resident and certain other aliens.
(Sec. 3) Requires the Attorney General to report: (1) on the feasibility of implementing an automated entry-exit control system that would include land border and seaport arrivals and departures; and (2) annually on the development status of the automated entry-exit control system, and on visa overstays identified through such system. Requires integration of overstay information into Department of State and Immigration and Naturalization Service (INS) databases.
(Sec. 5) Authorizes appropriations for INS and United States Customs Service border control and enforcement activities. Sets forth specified set-asides. Authorizes: (1) use of equipment funds for new technologies; and (2) transfer up to ten percent of specified set-asides for other equipment uses. Sets aside specified funds for peak hours and investigative resource enhancement.
Provides for increased numbers of full-time INS and Customs inspectors at U.S. land borders.
[Congressional Bills 106th Congress]
[From the U.S. Government Publishing Office]
[S. 745 Introduced in Senate (IS)]
106th CONGRESS
1st Session
S. 745
To amend the Illegal Immigration Reform and Immigrant Responsibility
Act of 1996 to modify the requirements for implementation of an entry-
exit control system.
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
March 25, 1999
Mr. Abraham (for himself, Mr. Kennedy, Mr. Grams, Mr. Leahy, Mr.
Graham, Mr. Burns, Mr. McCain, Ms. Snowe, Mr. DeWine, Mr. Jeffords, Mr.
Gorton, Mr. Craig, Mr. Levin, Mr. Schumer, Mrs. Murray, Mr. Murkowski,
Mr. Moynihan, Mr. Mack, Mr. Smith of Oregon, Mr. Dorgan, Mr. Santorum,
Mr. Cochran, Mr. Inouye, and Ms. Collins) introduced the following
bill; which was read twice and referred to the Committee on the
Judiciary
_______________________________________________________________________
A BILL
To amend the Illegal Immigration Reform and Immigrant Responsibility
Act of 1996 to modify the requirements for implementation of an entry-
exit control system.
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 ``Border Improvement and Immigration
Act of 1999''.
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;
(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 the 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. 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 2000;
(2) $123,064,000 for fiscal year 2001; and
(3) such sums as may be necessary in each fiscal year
thereafter.
(b) Use of Certain Fiscal Year 2000 Funds.--Of the amounts
authorized to be appropriated under subsection (a)(1) for fiscal year
2000 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 2001.--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--
(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 2000 and
$121,555,000 for fiscal year 2001 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. 6. 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 2000;
(2) $185,751,328 for fiscal year 2001; and
(3) such sums as may be necessary in each fiscal year
thereafter.
(b) Use of Certain Fiscal Year 2000 Funds.--Of the amounts
authorized to be appropriated under subsection (a)(1) for fiscal year
2000 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 2000.--Of the amounts
authorized to be appropriated under paragraphs (2) and (3) of
subsection (a) for the United States Customs Service for fiscal year
2001 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 2000 and $180,910,928 for
fiscal year 2001 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.
<all>
Introduced in Senate
Sponsor introductory remarks on measure. (CR S3477-3478)
Read twice and referred to the Committee on Judiciary.
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