In the Senate of the United States,
April 18, 2002.
Resolved, That the bill from the House of Representa-
tives (H.R. 3525) entitled ‘‘An Act to enhance the border se-
curity of the United States, and for other purposes.’’, do pass
with the following
AMENDMENTS:
Ω1æPage 2, line 4, strike out ø2001¿ and insert: 2002
Ω2æPage 2, in the table of contents, after the item which
reads
‘‘Sec. 203 Commission on interoperable data sharing.’’
insert:
Sec. 204. Personnel management authorities for positions involved in the develop-
ment and implementation of the interoperable electronic data
system (‘‘Chimera system’’).
Sec. 205. Procurement of equipment and services for the development and imple-
mentation of the interoperable electronic data system (‘‘Chimera
system’’).
Ω3æPage 2, in the table of contents, strike out
øTITLE IV—ADMISSION AND INSPECTION OF ALIENS¿
and insert:
HR 3525 EAS
‘‘TITLE IV—INSPECTION AND ADMISSION OF ALIENS’’
Ω4æPage 2, in the table of contents, after the item which
reads
‘‘Sec. 403. Time period for inspections.’’
insert:
Sec. 404. Joint United States-Canada projects for alternative inspections services.
Ω5æPage 3, after line 15, insert:
(3) CHIMERA SYSTEM.—The term ‘‘Chimera sys-
tem’’ means the interoperable electronic data system
required to be developed and implemented by section
202(a)(2).
Ω6æPage 3, line 16, strike out ø(3)¿ and insert: (4)
Ω7æPage 4, line 15, strike out ø(4)¿ and insert: (5)
Ω8æPage 4, line 19, strike out ø(5)¿ and insert: (6)
Ω9æPage 5, line 4, strike out ø(6)¿ and insert: (7)
Ω10æPage 5, line 16, strike out ø2002¿ and insert: 2003
Ω11æPage 6, line 1, strike out ø2002¿ and insert: 2003
Ω12æPage 6, strike out lines 17 through 20
Ω13æPage 6, line 21, strike out ø(c)¿ and insert: (b)
Ω14æPage 7, line 2, after ‘‘pay’’ insert: effective October
1, 2002
HR 3525 EAS
Ω15æPage 8, line 1, strike out ø(d)¿ and insert: (c)
Ω16æPage 8, line 10, strike out øand¿
Ω17æPage 8, line 21, strike out ø(e)¿ and insert: (d)
Ω18æPage 15, line 11, strike out øone year¿ and insert:
15 months
Ω19æPage 15, line 13, strike out øsix months¿ and insert:
one year
Ω20æPage 16, line 12, after ‘‘alien’’ insert: (also known
as the ‘‘Chimera system’’)
Ω21æPage 20, line 13, after ‘‘about’’ insert: the
Ω22æPage 21, line 7, after ‘‘of’’ insert: Central
Ω23æPage 22, line 2, strike out øin this title¿ and insert:
in section 202
Ω24æPage 22, line 24, strike out øagainst¿
Ω25æPage 23, after line 14, insert:
HR 3525 EAS
SEC. 204. PERSONNEL MANAGEMENT AUTHORITIES FOR PO-
SITIONS INVOLVED IN THE DEVELOPMENT
AND IMPLEMENTATION OF THE INTEROPER-
ABLE ELECTRONIC DATA SYSTEM (‘‘CHIMERA
SYSTEM’’).
(a) IN GENERAL.—Notwithstanding any other provi-
sion of law relating to position classification or employee
pay or performance, the Attorney General may hire and
fix the compensation of necessary scientific, technical, engi-
neering, and other analytical personnel 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 other-
wise provided by law, no employee compensated under sub-
section (a) may be paid at a rate in excess of the rate pay-
able for a position at level III of the Executive Schedule.
(c) LIMITATION
ON TOTAL CALENDAR YEAR PAY-
MENTS.—Total payments to employees under any system
established under this section shall be subject to the limita-
tion 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
HR 3525 EAS
the Committee on Foreign Relations of the Senate and the
Committee on Appropriations, the Committee on the Judi-
ciary, 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 develop-
ment and implementation of the Chimera system.
(e) TERMINATION DATE.—The authority of this section
shall terminate upon the implementation of the Chimera
system.
SEC. 205. PROCUREMENT OF EQUIPMENT AND SERVICES
FOR THE DEVELOPMENT AND IMPLEMENTA-
TION OF THE INTEROPERABLE ELECTRONIC
DATA SYSTEM (‘‘CHIMERA SYSTEM’’).
(a) EXEMPTION FROM APPLICABLE FEDERAL ACQUISI-
TION RULES.—
(1) IN
GENERAL.—Notwithstanding any other
provision of law, 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’’), the Attorney Gen-
eral may use any funds available for the Chimera
HR 3525 EAS
system to purchase or lease equipment or any related
items, or to acquire interim services, without regard
to any otherwise applicable Federal acquisition rule,
if the Attorney General determines that—
(A) there is an exigent need for the equip-
ment, related items, or services in order to sup-
port interagency information sharing under this
title;
(B) the equipment, related items, or services
required are not available within the Depart-
ment of Justice; and
(C) adherence to that Federal acquisition
rule would—
(i) delay the timely acquisition of the
equipment, related items, or services; and
(ii) adversely affect interagency infor-
mation sharing under this title.
(2) DEFINITION.—In this subsection, the term
‘‘Federal acquisition rule’’ means any provision of
title III or IX of the Federal Property and Adminis-
trative Services Act of 1949, the Office of Federal Pro-
curement Policy Act, the Small Business Act, the Fed-
eral Acquisition Regulation, or any other provision of
law or regulation that establishes policies, procedures,
requirements, conditions, or restrictions for procure-