USE OF INFORMATION TECHNOLOGY SYSTEMS.

SEC. 205. USE OF INFORMATION TECHNOLOGY SYSTEMS. (a) In General.—Section 217 of the Immigration and Nationality Act (8 U.S.C. 1187), as amended by section 203(b), is further amended by adding at the end the following: “(h) Use of Information Technology Systems.— “(1) Automated entry-exit control system.— “(A) System.—Not later than October 1, 2001, the Attorney General shall develop and implement a fully automated entry and exit control system that will collect a record of arrival and departure for every alien who arrives and departs by sea or air at a port of entry into the United States and is provided a waiver under the program. 114 STAT. 1642 “(B) Requirements.—The system under subparagraph (A) shall satisfy the following requirements: “(i) Data collection by carriers.—Not later than October 1, 2001, the records of arrival and departure described in subparagraph (A) shall be based, to the maximum extent practicable, on passenger data collected and electronically transmitted to the automated entry and exit control system by each carrier that has an agreement under subsection (a)(4). “(ii) Data provision by carriers.—Not later than October 1, 2002, no waiver may be provided under this section to an alien arriving by sea or air at a port of entry into the United States on a carrier unless the carrier is electronically transmitting to the automated entry and exit control system passenger data determined by the Attorney General to be sufficient to permit the Attorney General to carry out this paragraph. “(iii) Calculation.—The system shall contain sufficient data to permit the Attorney General to calculate, for each program country and each fiscal year, the portion of nationals of that country who are described in subparagraph (A) and for whom no record of departure exists, expressed as a percentage of the total number of such nationals who are so described. “(C) Reporting.— “(i) Percentage of nationals lacking departure record.—As part of the annual report required to be submitted under section 110(e)(1) of the Illegal Immigration Reform and Immigrant Responsibility Act of 1996, the Attorney General shall include a section containing the calculation described in subparagraph (B)(iii) for each program country for the previous fiscal year, together with an analysis of that information. “(ii) System effectiveness.—Not later than December 31, 2004, the Attorney General shall submit a written report to the Committee on the Judiciary of the United States House of Representatives and of the Senate containing the following: “(I) The conclusions of the Attorney General regarding the effectiveness of the automated entry and exit control system to be developed and implemented under this paragraph. “(II) The recommendations of the Attorney General regarding the use of the calculation described in subparagraph (B)(iii) as a basis for evaluating whether to terminate or continue the designation of a country as a program country. The report required by this clause may be combined with the annual report required to be submitted on that date under section 110(e)(1) of the Illegal Immigration Reform and Immigrant Responsibility Act of 1996. “(2) Automated data sharing system.— “(A) System.—The Attorney General and the Secretary of State shall develop and implement an automated data sharing system that will permit them to share data in 114 STAT. 1643electronic form from their respective records systems regarding the admissibility of aliens who are nationals of a program country. “(B) Requirements.—The system under subparagraph (A) shall satisfy the following requirements: “(i) Supplying information to immigration officers conducting inspections at ports of entry.—Not later than October 1, 2002, the system shall enable immigration officers conducting inspections at ports of entry under section 235 to obtain from the system, with respect to aliens seeking a waiver under the program— “(I) any photograph of the alien that may be contained in the records of the Department of State or the Service; and “(II) information on whether the alien has ever been determined to be ineligible to receive a visa or ineligible to be admitted to the United States. “(ii) Supplying photographs of inadmissible aliens.—The system shall permit the Attorney General electronically to obtain any photograph contained in the records of the Secretary of State pertaining to an alien who is a national of a program country and has been determined to be ineligible to receive a visa. “(iii) Maintaining records on applications for admission.—The system shall maintain, for a minimum of 10 years, information about each application for admission made by an alien seeking a waiver under the program, including the following: “(I) The name or Service identification number of each immigration officer conducting the inspection of the alien at the port of entry. “(II) Any information described in clause (i) that is obtained from the system by any such officer. “(III) The results of the application.”. (b) Conforming Amendment.—Section 217(e)(1) of the Immigration and Nationality Act (8 U.S.C. 1187(e)(1)) is amended— (1) in subparagraph (B), by striking “and” at the end; (2) in subparagraph (C), by striking the period at the end and inserting and”; and (3) by adding at the end the following: “(D) to collect, provide, and share passenger data as required under subsection (h)(1)(B)”.