
From the U.S. Code Online via GPO Access
[wais.access.gpo.gov]
[Laws in effect as of January 2, 2001]
[Document affected by Public Law 107-56 Section 415]
[Document affected by Public Law 107-56 Section 414]
[CITE: 8USC1365a]

 
                     TITLE 8--ALIENS AND NATIONALITY
 
                 CHAPTER 12--IMMIGRATION AND NATIONALITY
 
                       SUBCHAPTER II--IMMIGRATION
 
                         Part IX--Miscellaneous
 
Sec. 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) of this section.

(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 1182(a)(7)(B) of this title have been 
        waived by the Attorney General and the Secretary of State under 
        section 1182(d)(4)(B) of this title; 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) of 
    this section 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) of this section 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) of this section. 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 
    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 1187 of this title, 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) of this section, 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.

(Pub. L. 104-208, div. C, title I, Sec. 110, Sept. 30, 1996, 110 Stat. 
3009-558; Pub. L. 105-259, Sec. 1, Oct. 15, 1998, 112 Stat. 1918; Pub. 
L. 105-277, div. A, Sec. 101(b) [title I, Sec. 116], Oct. 21, 1998, 112 
Stat. 2681-50, 2681-68; Pub. L. 106-215, Sec. 2(a), June 15, 2000, 114 
Stat. 337.)

                       References in Text

    Immigration law, referred to in subsec. (b)(4), is classified 
generally to this title. See also section 1101(a)(17) of this title.
    Section 3 of the Immigration and Naturalization Service Data 
Management Improvement Act of 2000, referred to in subsec. (g), is 
section 3 of Pub. L. 106-215, set out as a note below.

                          Codification

    Section was formerly set out as a note under section 1221 of this 
title.
    Section was enacted as part of the Illegal Immigration Reform and 
Immigrant Responsibility Act of 1996, and also as part of the Omnibus 
Consolidated Appropriations Act, 1997, and not as part of the 
Immigration and Nationality Act which comprises this chapter.


                               Amendments

    2000--Pub. L. 106-215 amended section catchline and text generally. 
Prior to amendment, text read as follows:
    ``(a) System.--Not later than October 15, 1998 (and not later than 
March 30, 2001, in the case of land border ports of entry and sea 
ports), the Attorney General shall develop an automated entry and exit 
control system that will--
        ``(1) collect a record of departure for every alien departing 
    the United States and match the records of departure with the record 
    of the alien's arrival in the United States;
        ``(2) 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; and
        ``(3) not significantly disrupt trade, tourism, or other 
    legitimate cross-border traffic at land border ports of entry.
    ``(b) Report.--
        ``(1) Deadline.--Not later than December 31 of each year 
    following the development of the system under subsection (a) of this 
    section, the Attorney General shall submit an annual report to the 
    Committees on the Judiciary of the House of Representatives and of 
    the Senate on such system.
        ``(2) Information.--The report shall include the following 
    information:
            ``(A) The number of departure records collected, with an 
        accounting by country of nationality of the departing alien.
            ``(B) The number of departure records that were successfully 
        matched to records of the alien's prior arrival in the United 
        States, 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 as nonimmigrants, or 
        as a visitor under the visa waiver program under section 1187 of 
        this title, for whom no matching departure record has 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.
    ``(c) Use of Information on Overstays.--Information regarding aliens 
who have remained in the United Staty beyond their authorized period of 
stay identified through the system shall be integrated into appropriate 
data bases of the Immigration and Naturalization Service and the 
Department of State, including those used at ports of entry and at 
consular offices.''
    1998--Subsec. (a). Pub. L. 105-277, Sec. 116(1), in introductory 
provisions, substituted ``later than October 15, 1998 (and not later 
than March 30, 2001, in the case of land border ports of entry and sea 
ports), the Attorney'' for ``later than October 15, 1998, the 
Attorney''.
    Pub. L. 105-259 in introductory provisions, substituted ``October 
15, 1998'' for ``2 years after September 30, 1996''.
    Subsec. (a)(3). Pub. L. 105-277, Sec. 116(2)-(4), added par. (3).


                               Task Force

    Pub. L. 106-215, Sec. 3, June 15, 2000, 114 Stat. 339, provided 
that:
    ``(a) Establishment.--Not later than 6 months after the date of the 
enactment of this Act [June 15, 2000], 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 [8 U.S.C. 
    1365a]), 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 [8 
        U.S.C. 1365a]), 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.''

                  Section Referred to in Other Sections

    This section is referred to in section 1187 of this title.
