8 U.S.C. § 1365a : US Code - Section 1365A: Integrated entry and exit data system

Search 8 U.S.C. § 1365a : US Code - Section 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.