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TITLE I—FUNDING
SEC. 101. AUTHORIZATION OF APPROPRIATIONS FOR HIRING AND
TRAINING GOVERNMENT PERSONNEL.
(a) ADDITIONAL PERSONNEL.—
(1) INS INSPECTORS.—Subject to the availability of appro-
priations, during each of the fiscal years 2003 through 2006,
the Attorney General shall increase the number of inspectors
and associated support staff in the Immigration and Naturaliza-
tion Service by the equivalent of at least 200 full-time
employees over the number of inspectors and associated support
staff in the Immigration and Naturalization Service authorized
by the USA PATRIOT Act.
(2) INS INVESTIGATIVE PERSONNEL.—Subject to the avail-
ability of appropriations, during each of the fiscal years 2003
through 2006, the Attorney General shall increase the number
of investigative and associated support staff of the Immigration
and Naturalization Service by the equivalent of at least 200
full-time employees over the number of investigators and associ-
ated support staff in the Immigration and Naturalization
Service authorized by the USA PATRIOT Act.
(3) AUTHORIZATION OF APPROPRIATIONS.—There are author-
ized to be appropriated such sums as may be necessary to
carry out this subsection, including such sums as may be nec-
essary to provide facilities, attorney personnel and support
staff, and other resources needed to support the increased
number of inspectors, investigative staff, and associated support
staff.
(b) AUTHORIZATION OF APPROPRIATIONS FOR INS STAFFING.—
(1) IN GENERAL.—There are authorized to be appropriated
for the Department of Justice such sums as may be necessary
to provide an increase in the annual rate of basic pay effective
October 1, 2002—
(A) for all journeyman Border Patrol agents and inspec-
tors who have completed at least one year’s service and
are receiving an annual rate of basic pay for positions
at GS–9 of the General Schedule under section 5332 of
title 5, United States Code, from the annual rate of basic
pay payable for positions at GS–9 of the General Schedule
under such section 5332, to an annual rate of basic pay
payable for positions at GS–11 of the General Schedule
under such section 5332;
(B) for inspections assistants, from the annual rate
of basic pay payable for positions at GS–5 of the General
Schedule under section 5332 of title 5, United States Code,
to an annual rate of basic pay payable for positions at
GS–7 of the General Schedule under such section 5332;
and
(C) for the support staff associated with the personnel
described in subparagraphs (A) and (B), at the appropriate
GS level of the General Schedule under such section 5332.
(c) AUTHORIZATION OF APPROPRIATIONS FOR TRAINING.—There
are authorized to be appropriated such sums as may be necessary—
(1) to appropriately train Immigration and Naturalization
Service personnel on an ongoing basis—
H. R. 3525—4
(A) to ensure that their proficiency levels are acceptable
to protect the borders of the United States; and
(B) otherwise to enforce and administer the laws within
their jurisdiction;
(2) to provide adequate continuing cross-training to agen-
cies staffing the United States border and ports of entry to
effectively and correctly apply applicable United States laws;
(3) to fully train immigration officers to use the appropriate
lookout databases and to monitor passenger traffic patterns;
and
(4) to expand the Carrier Consultant Program described
in section 235(b) of the Immigration and Nationality Act (8
U.S.C. 1225A(b)).
(d) AUTHORIZATION OF APPROPRIATIONS FOR CONSULAR FUNC-
TIONS.—
(1) RESPONSIBILITIES.—The Secretary of State shall—
(A) implement enhanced security measures for the
review of visa applicants;
(B) staff the facilities and programs associated with
the activities described in subparagraph (A); and
(C) provide ongoing training for consular officers and
diplomatic security agents.
(2) AUTHORIZATION OF APPROPRIATIONS.—There are author-
ized to be appropriated for the Department of State such sums
as may be necessary to carry out paragraph (1).
SEC. 102. AUTHORIZATION OF APPROPRIATIONS FOR IMPROVEMENTS
IN TECHNOLOGY AND INFRASTRUCTURE.
(a) FUNDING OF TECHNOLOGY.—
(1) AUTHORIZATION
OF
APPROPRIATIONS.—In addition to
funds otherwise available for such purpose, there are authorized
to be appropriated $150,000,000 to the Immigration and Natu-
ralization Service for purposes of—
(A) making improvements in technology (including
infrastructure support, computer security, and information
technology development) for improving border security;
(B) expanding, utilizing, and improving technology to
improve border security; and
(C) facilitating the flow of commerce and persons at
ports of entry, including improving and expanding pro-
grams for preenrollment and preclearance.
(2) WAIVER OF FEES.—Federal agencies involved in border
security may waive all or part of enrollment fees for technology-
based programs to encourage participation by United States
citizens and aliens in such programs. Any agency that waives
any part of any such fee may establish its fees for other services
at a level that will ensure the recovery from other users of
the amounts waived.
(3) OFFSET OF INCREASES IN FEES.—The Attorney General
may, to the extent reasonable, increase land border fees for
the issuance of arrival-departure documents to offset technology
costs.
(b) IMPROVEMENT AND EXPANSION OF INS, STATE DEPARTMENT,
AND CUSTOMS FACILITIES.—There are authorized to be appropriated
to the Immigration and Naturalization Service and the Department
of State such sums as may be necessary to improve and expand
facilities for use by the personnel of those agencies.
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SEC. 103. MACHINE–READABLE VISA FEES.
(a) RELATION TO SUBSEQUENT AUTHORIZATION ACTS.—Section
140(a) of the Foreign Relations Authorization Act, Fiscal Years
1994 and 1995 (Public Law 103–236) is amended by striking para-
graph (3).
(b) FEE AMOUNT.—The machine-readable visa fee charged by
the Department of State shall be the higher of $65 or the cost
of the machine-readable visa service, as determined by the Secretary
of State after conducting a study of the cost of such service.
(c) SURCHARGE.—The Department of State is authorized to
charge a surcharge of $10, in addition to the machine-readable
visa fee, for issuing a machine-readable visa in a nonmachine-
readable passport.
(d) AVAILABILITY OF COLLECTED FEES.—Notwithstanding any
other provision of law, amounts collected as fees described in this
section shall be credited as an offsetting collection to any appropria-
tion for the Department of State to recover costs of providing
consular services. Amounts so credited shall be available, until
expended, for the same purposes as the appropriation to which
credited.
TITLE II—INTERAGENCY INFORMATION
SHARING
SEC. 201. INTERIM MEASURES FOR ACCESS TO AND COORDINATION
OF LAW ENFORCEMENT AND OTHER INFORMATION.
(a) INTERIM DIRECTIVE.—Until the plan required by subsection
(c) is implemented, Federal law enforcement agencies and the intel-
ligence community shall, to the maximum extent practicable, share
any information with the Department of State and the Immigration
and Naturalization Service relevant to the admissibility and deport-
ability of aliens, consistent with the plan described in subsection
(c).
(b) REPORT IDENTIFYING LAW ENFORCEMENT AND INTELLIGENCE
INFORMATION.—
(1) IN GENERAL.—Not later than 120 days after the date
of enactment of this Act, the President shall submit to the
appropriate committees of Congress a report identifying Federal
law enforcement and the intelligence community information
needed by the Department of State to screen visa applicants,
or by the Immigration and Naturalization Service to screen
applicants for admission to the United States, and to identify
those aliens inadmissible or deportable under the Immigration
and Nationality Act.
(2) REPEAL.—Section 414(d) of the USA PATRIOT Act is
hereby repealed.
(c) COORDINATION PLAN.—
(1) REQUIREMENT FOR PLAN.—Not later than one year after
the date of enactment of the USA PATRIOT Act, the President
shall develop and implement a plan based on the findings
of the report under subsection (b) that requires Federal law
enforcement agencies and the intelligence community to provide
to the Department of State and the Immigration and Natu-
ralization Service all information identified in that report as
expeditiously as practicable.
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(2) CONSULTATION REQUIREMENT.—In the preparation and
implementation of the plan under this subsection, the President
shall consult with the appropriate committees of Congress.
(3) PROTECTIONS
REGARDING
INFORMATION
AND
USES
THEREOF.—The plan under this subsection shall establish condi-
tions for using the information described in subsection (b)
received by the Department of State and Immigration and
Naturalization Service—
(A) to limit the redissemination of such information;
(B) to ensure that such information is used solely to
determine whether to issue a visa to an alien or to deter-
mine the admissibility or deportability of an alien to the
United States, except as otherwise authorized under Fed-
eral law;
(C) to ensure the accuracy, security, and confidentiality
of such information;
(D) to protect any privacy rights of individuals who
are subjects of such information;
(E) to provide data integrity through the timely
removal and destruction of obsolete or erroneous names
and information; and
(F) in a manner that protects the sources and methods
used to acquire intelligence information as required by
section 103(c)(6) of the National Security Act of 1947 (50
U.S.C. 403–3(c)(6)).
(4) CRIMINAL PENALTIES FOR MISUSE OF INFORMATION.—
Any person who obtains information under this subsection with-
out authorization or exceeding authorized access (as defined
in section 1030(e) of title 18, United States Code), and who
uses such information in the manner described in any of the
paragraphs (1) through (7) of section 1030(a) of such title,
or attempts to use such information in such manner, shall
be subject to the same penalties as are applicable under section
1030(c) of such title for violation of that paragraph.
(5) ADVANCING DEADLINES FOR A TECHNOLOGY STANDARD
AND
REPORT.—Section 403(c) of the USA PATRIOT Act is
amended—
(A) in paragraph (1), by striking ‘‘2 years’’ and inserting
‘‘15 months’’; and
(B) in paragraph (4), by striking ‘‘18 months’’ and
inserting ‘‘one year’’.
SEC. 202. INTEROPERABLE LAW ENFORCEMENT AND INTELLIGENCE
DATA SYSTEM WITH NAME-MATCHING CAPACITY AND
TRAINING.
(a) INTEROPERABLE
LAW
ENFORCEMENT
AND
INTELLIGENCE
ELECTRONIC DATA SYSTEM.—
(1) REQUIREMENT FOR INTEGRATED IMMIGRATION AND NATU-
RALIZATION DATA SYSTEM.—The Immigration and Naturaliza-
tion Service shall fully integrate all databases and data systems
maintained by the Service that process or contain information
on aliens. The fully integrated data system shall be an inter-
operable component of the electronic data system described
in paragraph (2).
(2) REQUIREMENT FOR INTEROPERABLE DATA SYSTEM.—Upon
the date of commencement of implementation of the plan
required by section 201(c), the President shall develop and
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implement an interoperable electronic data system to provide
current and immediate access to information in databases of
Federal law enforcement agencies and the intelligence commu-
nity that is relevant to determine whether to issue a visa
or to determine the admissibility or deportability of an alien
(also known as the ‘‘Chimera system’’).
(3) CONSULTATION REQUIREMENT.—In the development and
implementation of the data system under this subsection, the
President shall consult with the Director of the National
Institute of Standards and Technology (NIST) and any such
other agency as may be deemed appropriate.
(4) TECHNOLOGY STANDARD.—
(A) IN
GENERAL.—The data system developed and
implemented under this subsection, and the databases
referred to in paragraph (2), shall utilize the technology
standard established pursuant to section 403(c) of the USA
PATRIOT Act, as amended by section 201(c)(5) and
subparagraph (B).
(B) CONFORMING AMENDMENT.—Section 403(c) of the
USA PATRIOT Act, as amended by section 201(c)(5), is
further amended—
(i) in paragraph (1), by inserting ‘‘, including appro-
priate biometric identifier standards,’’ after ‘‘technology
standard’’; and
(ii) in paragraph (2) —
(I) by striking ‘‘INTEGRATED’’ and inserting
‘‘INTEROPERABLE’’; and
(II) by striking ‘‘integrated’’ and inserting
‘‘interoperable’’.
(5) ACCESS TO INFORMATION IN DATA SYSTEM.—Subject to
paragraph (6), information in the data system under this sub-
section shall be readily and easily accessible—
(A) to any consular officer responsible for the issuance
of visas;
(B) to any Federal official responsible for determining
an alien’s admissibility to or deportability from the United
States; and
(C) to any Federal law enforcement or intelligence
officer determined by regulation to be responsible for the
investigation or identification of aliens.
(6) LIMITATION ON ACCESS.—The President shall, in accord-
ance with applicable Federal laws, establish procedures to
restrict access to intelligence information in the data system
under this subsection, and the databases referred to in para-
graph (2), under circumstances in which such information is
not to be disclosed directly to Government officials under para-
graph (5).
(b) NAME-SEARCH CAPACITY AND SUPPORT.—
(1) IN GENERAL.—The interoperable electronic data system
required by subsection (a) shall—
(A) have the capacity to compensate for disparate name
formats among the different databases referred to in sub-
section (a);
(B) be searchable on a linguistically sensitive basis;
(C) provide adequate user support;
(D) to the extent practicable, utilize commercially avail-
able technology; and
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(E) be adjusted and improved, based upon experience
with the databases and improvements in the underlying
technologies and sciences, on a continuing basis.
(2) LINGUISTICALLY SENSITIVE SEARCHES.—
(A) IN GENERAL.—To satisfy the requirement of para-
graph (1)(B), the interoperable electronic database shall
be searchable based on linguistically sensitive algorithms
that—
(i) account for variations in name formats and
transliterations, including varied spellings and varied
separation or combination of name elements, within
a particular language; and
(ii) incorporate advanced linguistic, mathematical,
statistical, and anthropological research and methods.
(B) LANGUAGES REQUIRED.—
(i) PRIORITY LANGUAGES.—Linguistically sensitive
algorithms shall be developed and implemented for
no fewer than 4 languages designated as high priorities
by the Secretary of State, after consultation with the
Attorney General and the Director of Central Intel-
ligence.
(ii) IMPLEMENTATION SCHEDULE.—Of the 4 linguis-
tically sensitive algorithms required to be developed
and implemented under clause (i)—
(I) the highest priority language algorithms
shall be implemented within 18 months after the
date of enactment of this Act; and
(II) an additional language algorithm shall be
implemented each succeeding year for the next
three years.
(3) ADEQUATE USER SUPPORT.—The Secretary of State and
the Attorney General shall jointly prescribe procedures to
ensure that consular and immigration officers can, as required,
obtain assistance in resolving identity and other questions that
may arise about the names of aliens seeking visas or admission
to the United States that may be subject to variations in
format, transliteration, or other similar phenomenon.
(4) INTERIM REPORTS.—Six months after the date of enact-
ment of this Act, the President shall submit a report to the
appropriate committees of Congress on the progress in imple-
menting each requirement of this section.
(5) REPORTS BY INTELLIGENCE AGENCIES.—
(A) CURRENT STANDARDS.—Not later than 60 days after
the date of enactment of this Act, the Director of Central
Intelligence shall complete the survey and issue the report
previously required by section 309(a) of the Intelligence
Authorization Act for Fiscal Year 1998 (50 U.S.C. 403–
3 note).
(B) GUIDELINES.—Not later than 120 days after the
date of enactment of this Act, the Director of Central
Intelligence shall issue the guidelines and submit the copy
of those guidelines previously required by section 309(b)
of the Intelligence Authorization Act for Fiscal Year 1998
(50 U.S.C. 403–3 note).
(6) AUTHORIZATION OF APPROPRIATIONS.—There are author-
ized to be appropriated such sums as are necessary to carry
out the provisions of this subsection.
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SEC. 203. COMMISSION ON INTEROPERABLE DATA SHARING.
(a) ESTABLISHMENT.—Not later than one year after the date
of enactment of the USA PATRIOT Act, the President shall estab-
lish a Commission on Interoperable Data Sharing (in this section
referred to as the ‘‘Commission’’). The purposes of the Commission
shall be to—
(1) monitor the protections described in section 201(c)(3);
(2) provide oversight of the interoperable electronic data
system described in section 202; and
(3) report to Congress annually on the Commission’s
findings and recommendations.
(b) COMPOSITION.—The Commission shall consist of nine mem-
bers, who shall be appointed by the President, as follows:
(1) One member, who shall serve as Chair of the Commis-
sion.
(2) Eight members, who shall be appointed from a list
of nominees jointly provided by the Speaker of the House of
Representatives, the Minority Leader of the House of Rep-
resentatives, the Majority Leader of the Senate, and the
Minority Leader of the Senate.
(c) CONSIDERATIONS.—The Commission shall consider rec-
ommendations regarding the following issues:
(1) Adequate protection of privacy concerns inherent in
the design, implementation, or operation of the interoperable
electronic data system.
(2) Timely adoption of security innovations, consistent with
generally accepted security standards, to protect the integrity
and confidentiality of information to prevent the risks of acci-
dental or unauthorized loss, access, destruction, use modifica-
tion, or disclosure of information.
(3) The adequacy of mechanisms to permit the timely
correction of errors in data maintained by the interoperable
data system.
(4) Other protections against unauthorized use of data
to guard against the misuse of the interoperable data system
or the data maintained by the system, including recommenda-
tions for modifications to existing laws and regulations to sanc-
tion misuse of the system.
(d) AUTHORIZATION OF APPROPRIATIONS.—There are authorized
to be appropriated to the Commission such sums as may be nec-
essary to carry out this section.
SEC. 204. PERSONNEL MANAGEMENT AUTHORITIES FOR POSITIONS
INVOLVED IN THE DEVELOPMENT AND IMPLEMENTA-
TION OF THE INTEROPERABLE ELECTRONIC DATA
SYSTEM (‘‘CHIMERA SYSTEM’’).
(a) IN GENERAL.—Notwithstanding any other provision of law
relating to position classification or employee pay or performance,
the Attorney General may hire and fix the compensation of nec-
essary scientific, technical, engineering, and other analytical per-
sonnel for the purpose of the development and implementation
of the interoperable electronic data system described in section
202(a)(2) (also known as the ‘‘Chimera system’’).
(b) LIMITATION ON RATE OF PAY.—Except as otherwise provided
by law, no employee compensated under subsection (a) may be
paid at a rate in excess of the rate payable for a position at
level III of the Executive Schedule.
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(c) LIMITATION ON TOTAL CALENDAR YEAR PAYMENTS.—Total
payments to employees under any system established under this
section shall be subject to the limitation on payments to employees
under section 5307 of title 5, United States Code.
(d) OPERATING PLAN.—Not later than 90 days after the date
of enactment of this Act, the Attorney General shall submit to
the Committee on Appropriations, the Committee on the Judiciary,
the Select Committee on Intelligence, and the Committee on Foreign
Relations of the Senate and the Committee on Appropriations,
the Committee on the Judiciary, the Permanent Select Committee
on Intelligence, and the Committee on International Relations of
the House of Representatives an operating plan—
(1) describing the Attorney General’s intended use of the
authority under this section; and
(2) identifying any provisions of title 5, United States Code,
being waived for purposes of the development and implementa-
tion of the Chimera system.
(e) TERMINATION DATE.—The authority of this section shall
terminate upon the implementation of the Chimera system.
TITLE III—VISA ISSUANCE
SEC. 301. ELECTRONIC PROVISION OF VISA FILES.
Section 221(a) of the Immigration and Nationality Act (8 U.S.C.
1201(a)) is amended—
(1) by redesignating paragraphs (1) and (2) as subpara-
graphs (A) and (B), respectively;
(2) by inserting ‘‘(1)’’ immediately after ‘‘(a)’’; and
(3) by adding at the end the following:
‘‘(2) The Secretary of State shall provide to the Service an
electronic version of the visa file of each alien who has been issued
a visa to ensure that the data in that visa file is available to
immigration inspectors at the United States ports of entry before
the arrival of the alien at such a port of entry.’’.
SEC. 302. IMPLEMENTATION OF AN INTEGRATED ENTRY AND EXIT
DATA SYSTEM.
(a) DEVELOPMENT OF SYSTEM.—In developing the integrated
entry and exit data system for the ports of entry, as required
by the Immigration and Naturalization Service Data Management
Improvement Act of 2000 (Public Law 106–215), the Attorney Gen-
eral and the Secretary of State shall—
(1) implement, fund, and use a technology standard under
section 403(c) of the USA PATRIOT Act (as amended by sections
201(c)(5) and 202(a)(4)(B)) at United States ports of entry and
at consular posts abroad;
(2) establish a database containing the arrival and depar-
ture data from machine-readable visas, passports, and other
travel and entry documents possessed by aliens; and
(3) make interoperable all security databases relevant to
making determinations of admissibility under section 212 of
the Immigration and Nationality Act (8 U.S.C. 1182).
(b) IMPLEMENTATION.—In implementing the provisions of sub-
section (a), the Immigration and Naturalization Service and the
Department of State shall—
H. R. 3525—11
(1) utilize technologies that facilitate the lawful and effi-
cient cross-border movement of commerce and persons without
compromising the safety and security of the United States;
and
(2) consider implementing the North American National
Security Program described in section 401.
SEC. 303. MACHINE-READABLE, TAMPER-RESISTANT ENTRY AND EXIT
DOCUMENTS.
(a) REPORT.—
(1) IN GENERAL.—Not later than 180 days after the date
of enactment of this Act, the Attorney General, the Secretary
of State, and the National Institute of Standards and Tech-
nology (NIST), acting jointly, shall submit to the appropriate
committees of Congress a comprehensive report assessing the
actions that will be necessary, and the considerations to be
taken into account, to achieve fully, not later than October
26, 2004—
(A) implementation of the requirements of subsections
(b) and (c); and
(B) deployment of the equipment and software to allow
biometric comparison and authentication of the documents
described in subsections (b) and (c).
(2) ESTIMATES.—In addition to the assessment required
by paragraph (1), the report required by that paragraph shall
include an estimate of the costs to be incurred, and the per-
sonnel, man-hours, and other support required, by the Depart-
ment of Justice, the Department of State, and NIST to achieve
the objectives of subparagraphs (A) and (B) of paragraph (1).
(b) REQUIREMENTS.—
(1) IN
GENERAL.—Not later than October 26, 2004, the
Attorney General and the Secretary of State shall issue to
aliens only machine-readable, tamper-resistant visas and other
travel and entry documents that use biometric identifiers. The
Attorney General and the Secretary of State shall jointly estab-
lish document authentication standards and biometric identi-
fiers standards to be employed on such visas and other travel
and entry documents from among those biometric identifiers
recognized by domestic and international standards organiza-
tions.
(2) READERS AND SCANNERS AT PORTS OF ENTRY.—
(A) IN GENERAL.—Not later than October 26, 2004,
the Attorney General, in consultation with the Secretary
of State, shall install at all ports of entry of the United
States equipment and software to allow biometric compari-
son and authentication of all United States visas and other
travel and entry documents issued to aliens, and passports
issued pursuant to subsection (c)(1).
(B) USE OF READERS AND SCANNERS.—The Attorney
General, in consultation with the Secretary of State, shall
utilize biometric data readers and scanners that—
(i) domestic and international standards organiza-
tions determine to be highly accurate when used to
verify identity;
(ii) can read the biometric identifiers utilized under
subsections (b)(1) and (c)(1); and