8 U.S.C. § 1365 — Reimbursement of States for costs of in-

Page 449 TITLE 8—ALIENS AND NATIONALITY § 1365 immigrants), paroled, or granted asylum, dur- ing the relevant period; (2) a reasonable estimate of the number of aliens who entered the United States during the period without visas or who became de- portable during the period under section 237 of the Immigration and Nationality Act [8 U.S.C. 1227]; and (3) a description of the impact of admissions and other entries of immigrants, refugees, asylees, and parolees into the United States during the period on the economy, labor and housing markets, the educational system, so- cial services, foreign policy, environmental quality and resources, the rate, size, and dis- tribution of population growth in the United States, and the impact on specific States and local units of government of high rates of im- migration resettlement. (c) History and projections The information (referred to in subsection (b)) contained in each report shall be— (1) described for the preceding three-year pe- riod, and (2) projected for the succeeding five-year pe- riod, based on reasonable estimates substan- tiated by the best available evidence. (d) Recommendations The President also may include in such report any appropriate recommendations on changes in numerical limitations or other policies under title II of the Immigration and Nationality Act [8 U.S.C. 1151 et seq.] bearing on the admission and entry of such aliens to the United States. (Pub. L. 99–603, title IV, § 401, Nov. 6, 1986, 100 Stat. 3440; Pub. L. 104–208, div. C, title III, § 308(g)(1), Sept. 30, 1996, 110 Stat. 3009–622.) Editorial Notes REFERENCES IN TEXT The Immigration and Nationality Act, referred to in subsec. (d), is act June 27, 1952, ch. 477, 66 Stat. 163. Title II of the Act is classified principally to sub- chapter II (§ 1151 et seq.) of this chapter. For complete classification of this Act to the Code, see Short Title note set out under section 1101 of this title and Tables. CODIFICATION Section was enacted as part of the Immigration Re- form and Control Act of 1986, and not as part of the Im- migration and Nationality Act which comprises this chapter. AMENDMENTS 1996—Subsec. (b)(2). Pub. L. 104–208 substituted ‘‘sec- tion 237’’ for ‘‘section 241’’. Statutory Notes and Related Subsidiaries EFFECTIVE DATE OF 1996 AMENDMENT Amendment by Pub. L. 104–208 effective, with certain transitional provisions, on the first day of the first month beginning more than 180 days after Sept. 30, 1996, see section 309 of Pub. L. 104–208, set out as a note under section 1101 of this title. Executive Documents EX. ORD. NO. 12789. DELEGATION OF REPORTING FUNC- TIONS UNDER THE IMMIGRATION REFORM AND CONTROL ACT OF 1986 Ex. Ord. No. 12789, Feb. 10, 1992, 57 F.R. 5225, as amended by Ex. Ord. No. 13286, § 32, Feb. 28, 2003, 68 F.R. 10625, provided: By the authority vested in me as President by the Constitution and laws of the United States of America, including section 301 of title 3, United States Code, and title IV of the Immigration Reform and Control Act of 1986, Public Law 99–603 (‘‘Reform Act’’) [title IV of Pub. L. 99–603, Nov. 6, 1986, 100 Stat. 3440, which enacted sec- tion 1364 of this title and provisions set out as notes under sections 1101, 1187, 1188, 1255a, and 1324a of this title], it is hereby ordered as follows: SECTION 1. The Secretary of Homeland Security shall: (a) perform, in coordination with the Secretary of Labor, the functions vested in the President by section 401 of the Reform Act (8 U.S.C. 1364); (b) perform, except for the functions in section 402(3)(A), the functions vested in the President by sec- tion 402 of the Reform Act (8 U.S.C. 1324a note); and (c) perform, insofar as they relate to the initial re- port described in section 404(b), the functions vested in the President by section 404 of the Reform Act (8 U.S.C. 1255a note). SEC. 2. The Secretary of Labor shall: (a) perform the functions vested in the President by section 402(3)(A) of the Reform Act (8 U.S.C. 1324a note); (b) perform the functions vested in the President by section 403 of the Reform Act (8 U.S.C. 1188 note); and (c) perform, insofar as they relate to the second re- port described in section 404(c), the functions vested in the President by section 404 of the Reform Act (8 U.S.C. 1255a note). SEC. 3. The functions delegated by sections 1 and 2 of this order shall be performed in accordance with the procedures set forth in OMB Circular A–19. SEC. 4. This order shall be effective immediately. GEORGE BUSH. § 1365. Reimbursement of States for costs of in- carcerating illegal aliens and certain Cuban nationals (a) Reimbursement of States Subject to the amounts provided in advance in appropriation Acts, the Attorney General shall reimburse a State for the costs incurred by the State for the imprisonment of any illegal alien or Cuban national who is convicted of a felony by such State. (b) Illegal aliens convicted of a felony An illegal alien referred to in subsection (a) is any alien who is any alien convicted of a felony who is in the United States unlawfully and— (1) whose most recent entry into the United States was without inspection, or (2) whose most recent admission to the United States was as a nonimmigrant and— (A) whose period of authorized stay as a nonimmigrant expired, or (B) whose unlawful status was known to the Government, before the date of the commission of the crime for which the alien is convicted. (c) Marielito Cubans convicted of a felony A Marielito Cuban convicted of a felony re- ferred to in subsection (a) is a national of Cuba who— (1) was allowed by the Attorney General to come to the United States in 1980, (2) after such arrival committed any viola- tion of State or local law for which a term of imprisonment was imposed, and (3) at the time of such arrival and at the time of such violation was not an alien law- fully admitted to the United States— (A) for permanent or temporary residence, or Page 450 TITLE 8—ALIENS AND NATIONALITY § 1365a (B) under the terms of an immigrant visa or a nonimmigrant visa issued, under the laws of the United States. (d) Authorization of appropriations There are authorized to be appropriated such sums as are necessary to carry out the purposes of this section. (e) ‘‘State’’ defined The term ‘‘State’’ has the meaning given such term in section 1101(a)(36) of this title. (Pub. L. 99–603, title V, § 501, Nov. 6, 1986, 100 Stat. 3443.) Editorial Notes CODIFICATION Section was enacted as part of the Immigration Re- form and Control Act of 1986, and not as part of the Im- migration and Nationality Act which comprises this chapter. Statutory Notes and Related Subsidiaries REGULATIONS Pub. L. 103–317, title VIII, Aug. 26, 1994, 108 Stat. 1778, provided in part: ‘‘That the Attorney General shall pro- mulgate regulations to (a) prescribe requirements for program participation eligibility for States, (b) require verification by States of the eligible incarcerated popu- lation data with the Immigration and Naturalization Service, (c) prescribe a formula for distributing assist- ance to eligible States, and (d) award assistance to eli- gible States’’. [For abolition of Immigration and Naturalization Service, transfer of functions, and treatment of related references, see note set out under section 1551 of this title.] § 1365a. Integrated entry and exit data system (a) Requirement The Attorney General shall implement an in- tegrated entry and exit data system. (b) Integrated entry and exit data system defined For purposes of this section, the term ‘‘inte- grated 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, includ- ing those created or used at ports of entry and at consular offices; (2) uses available data described in para- graph (1) to produce a report of arriving and departing aliens by country of nationality, classification as an immigrant or non- immigrant, and date of arrival in, and depar- ture 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 non- immigrants 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 re- ports required under subsection (e). (c) Construction (1) No additional authority to impose docu- mentary 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 sec- tion, 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 USMCA (as defined in section 4502 of title 19). (2) No reduction of authority Nothing in this section shall be construed to reduce or curtail any authority of the Attor- ney 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 Attor- ney 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 col- lected or created by an immigration officer at an airport or seaport, are entered into the sys- tem and can be accessed by immigration offi- cers at other airports and seaports. (2) High-traffic land border ports of entry Not later than December 31, 2004, the Attor- ney General shall implement the integrated entry and exit data system using the data de- scribed in paragraph (1) and available alien ar- rival and departure data described in sub- section (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 num- bers of arriving and departing aliens. Such im- plementation shall include ensuring that such data, when collected or created by an immi- gration officer at such a port of entry, are en- tered 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 Attor- ney General shall fully implement the inte- grated entry and exit data system using all data described in subsection (b)(1). Such im- plementation shall include ensuring that all such data are available to immigration offi-