[Congressional Bills 107th Congress]
[From the U.S. Government Publishing Office]
[H.R. 3525 Engrossed Amendment Senate (EAS)]

  
  
  
  
  
  
  
  
  
  

                  In the Senate of the United States,

                                                        April 18, 2002.
      Resolved, That the bill from the House of Representatives (H.R. 
3525) entitled ``An Act to enhance the border security of the United 
States, and for other purposes.'', do pass with the following

                              AMENDMENTS:

(1)Page 2, line 4, strike out [2001] and insert: 2002

(2)Page 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 development and implementation of the 
                            interoperable electronic data system 
                            (``Chimera system'').
Sec. 205. Procurement of equipment and services for the development and 
                            implementation of the interoperable 
                            electronic data system (``Chimera 
                            system'').

(3)Page 2, in the table of contents, strike out

             [TITLE IV--ADMISSION AND INSPECTION OF ALIENS]

and insert:

            ``TITLE IV--INSPECTION AND ADMISSION OF ALIENS''

(4)Page 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.

(5)Page 3, after line 15, insert:
            (3) Chimera system.--The term ``Chimera system'' means the 
        interoperable electronic data system required to be developed 
        and implemented by section 202(a)(2).

(6)Page 3, line 16, strike out [(3)] and insert: (4)

(7)Page 4, line 15, strike out [(4)] and insert: (5)

(8)Page 4, line 19, strike out [(5)] and insert: (6)

(9)Page 5, line 4, strike out [(6)] and insert: (7)

(10)Page 5, line 16, strike out [2002] and insert: 2003

(11)Page 6, line 1, strike out [2002] and insert: 2003

(12)Page 6, strike out lines 17 through 20

(13)Page 6, line 21, strike out [(c)] and insert: (b)

(14)Page 7, line 2, after ``pay'' insert: effective October 1, 2002

(15)Page 8, line 1, strike out [(d)] and insert: (c)

(16)Page 8, line 10, strike out [and]

(17)Page 8, line 21, strike out [(e)] and insert: (d)

(18)Page 15, line 11, strike out [one year] and insert: 15 months

(19)Page 15, line 13, strike out [six months] and insert: one year

(20)Page 16, line 12, after ``alien'' insert: (also known as the 
``Chimera system'')

(21)Page 20, line 13, after ``about'' insert: the

(22)Page 21, line 7, after ``of'' insert: Central

(23)Page 22, line 2, strike out [in this title] and insert: in section 
202

(24)Page 22, line 24, strike out [against]

(25)Page 23, after line 14, insert:

SEC. 204. PERSONNEL MANAGEMENT AUTHORITIES FOR POSITIONS INVOLVED IN 
              THE DEVELOPMENT AND IMPLEMENTATION 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 necessary 
scientific, technical, engineering, 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 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.
    (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 
        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 
              IMPLEMENTATION OF THE INTEROPERABLE ELECTRONIC DATA 
              SYSTEM (``CHIMERA SYSTEM'').

    (a) Exemption from Applicable Federal Acquisition 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 
        General may use any funds available for the Chimera 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 equipment, 
                related items, or services in order to support 
                interagency information sharing under this title;
                    (B) the equipment, related items, or services 
                required are not available within the Department 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 
                        information 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 Administrative Services Act of 1949, 
        the Office of Federal Procurement Policy Act, the Small 
        Business Act, the Federal Acquisition Regulation, or any other 
        provision of law or regulation that establishes policies, 
        procedures, requirements, conditions, or restrictions for 
        procurements by the head of a department or agency of the 
        Federal Government.
    (b) Notification of Congressional Appropriations Committees.--The 
Attorney General shall immediately notify the Committees on 
Appropriations of the House of Representatives and the Senate in 
writing of each expenditure under subsection (a), which notification 
shall include sufficient information to explain the circumstances 
necessitating the exercise of the authority under that subsection.

(26)Page 23, line 25, strike out [an alien] and insert: each alien

(27)Page 24, line 16, strike out [202(a)(3)(B)] and insert: 
202(a)(4)(B)

(28)Page 25, line 21, strike out [October 26, 2003] and insert: October 
26, 2004

(29)Page 26, line 2, after ``comparison'' insert: and authentication

(30)Page 26, line 5, strike out [each report] and insert: the report 
required by that paragraph

(31)Page 26, lines 12 and 13, strike out [October 26, 2003] and insert: 
October 26, 2004

(32)Page 26, line 15, after ``visas and'' insert: other

(33)Page 26, line 18, after ``tablish'' insert: document authentication 
standards and

(34)Page 26, line 19, after ``visas and'' insert: other

(35)Page 26, lines 24 and 25, strike out [October 26, 2003] and insert: 
October 26, 2004

(36)Page 27, line 3, after ``comparison'' insert: and authentication

(37)Page 27, line 4, after ``visas and'' insert: other

(38)Page 27, line 13, strike out [and]

(39)Page 27, line 16, strike out [(c)(1).] and insert: (c)(1); and

(40)Page 27, after line 16, insert:
                            (iii) can authenticate the document 
                        presented to verify identity.

(41)Page 27, line 22, strike out [202(a)(3)(B)] and insert: 
202(a)(4)(B)

(42)Page 28, line 2, strike out [October 26, 2003] and insert: October 
26, 2004

(43)Page 28, line 9, strike out all after ``biometric'' down to and 
including ``identifiers'' in line 10 and insert: and document 
authentication identifiers that comply with applicable biometric and 
document identifying

(44)Page 28, line 16, strike out [October 26, 2003] and insert: October 
26, 2004

(45)Page 28, line 17, after ``program'' insert: under section 217 of 
the Immigration and Nationality Act

(46)Page 29, line 4, after ``mission'' insert: to a foreign country

(47)Page 29, line 23, strike out [The committee] and insert: Each 
committee established under subsection (a)

(48)Page 30, line 1, strike out [Periodic Reports] and insert: Periodic 
Reports to the Secretary of State

(49)Page 30, line 1, strike out [The committee] and insert: Each 
committee established under subsection (a)

(50)Page 30, line 2, strike out [quarterly] and insert: monthly

(51)Page 30, line 5, strike out [quarter] and insert: month

(52)Page 30, after line 5, insert:
    (f) Reports to Congress.--The Secretary of State shall submit a 
report on a quarterly basis to the appropriate committees of Congress 
on the status of the committees established under subsection (a).

(53)Page 30, line 6, strike out [(f)] and insert: (g)

(54)Page 32, strike out all after line 22 over to and including line 5 
on page 33 and insert:
    (a) Reporting Passport Thefts.--Section 217 of the Immigration and 
Nationality Act (8 U.S.C. 1187) is amended--
            (1) by adding at the end of subsection (c)(2) the following 
        new subparagraph:
                    ``(D) Reporting passport thefts.--The government of 
                the country certifies that it reports to the United 
                States Government on a timely basis the theft of blank 
                passports issued by that country.''; and
            (2) in subsection (c)(5)(A)(i), by striking ``5 years'' and 
        inserting ``2 years''; and
            (3) by adding at the end of subsection (f) the following 
        new paragraph:
            ``(5) Failure to report passport thefts.--If the Attorney 
        General and the Secretary of State jointly determine that the 
        program country is not reporting the theft of blank passports, 
        as required by subsection (c)(2)(D), the Attorney General shall 
        terminate the designation of the country as a program 
        country.''.

(55)Page 35, strike out lines 1 and 2 and insert:

              TITLE IV--INSPECTION AND ADMISSION OF ALIENS

(56)Page 35, line 10, strike out all after ``the'' down to and 
including ``(a)'' in line 11 and insert: President

(57)Page 37, line 2, strike out [(i)] and insert: (j)

(58)Page 37, strike out lines 3 and 4 and insert:
            (3) by striking ``Sec. 231.'' and inserting the following:
    ``Sec. 231. (a) Arrival Manifests.--For

(59)Page 37, lines 9 and 10, strike out [an immigration officer] and 
insert: any United States border officer (as defined in subsection (i))

(60)Page 37, line 19, strike out [an immigration officer] and insert: 
any United States border officer (as defined in subsection (i))

(61)Page 39, line 9, strike out [that] and insert: that,

(62)Page 39, lines 9 and 10, strike out [, aircraft, or land carriers] 
and insert: or aircraft

(63)Page 39, line 25, strike out [$300] and insert: $1,000

(64)Page 40, line 5, strike out [, aircraft, or land carrier] and 
insert: or aircraft

(65)Page 40, line 16, strike out [prescribe.''.] and insert: prescribe.

(66)Page 40, after line 16, insert:
    ``(i) United States Border Officer Defined.--In this section, the 
term `United States border officer' means, with respect to a particular 
port of entry into the United States, any United States official who is 
performing duties at that port of entry.''.

(67)Page 40, line 17, strike out all after ``Carriers.--'' down to and 
including ``the '' the second time it appears in line 18 and insert:
            (1) Study.--The

(68)Page 41, after line 2, insert:
            (2) Report.--Not later than two years after the date of 
        enactment of this Act, the President shall submit to Congress a 
        report setting forth the findings of the study conducted under 
        paragraph (1).

(69)Page 41, after line 22, insert:

SEC. 404. JOINT UNITED STATES-CANADA PROJECTS FOR ALTERNATIVE 
              INSPECTIONS SERVICES.

    (a) In General.--United States border inspections agencies, 
including the Immigration and Naturalization Service, acting jointly 
and under an agreement of cooperation with the Government of Canada, 
may conduct joint United States-Canada inspections projects on the 
international border between the two countries. Each such project may 
provide alternative inspections services and shall undertake to 
harmonize the criteria for inspections applied by the two countries in 
implementing those projects.
    (b) Annual report.--The Attorney General and the Secretary of the 
Treasury shall prepare and submit annually to Congress a report on the 
joint United States-Canada inspections projects conducted under 
subsection (a).
    (c) Exemption from Administrative Procedure Act and Paperwork 
Reduction Act.--Subchapter II of chapter 5 of title 5, United States 
Code (commonly referred to as the ``Administrative Procedure Act'') and 
chapter 35 of title 44, United States Code (commonly referred to as the 
``Paperwork Reduction Act'') shall not apply to fee setting for 
services and other administrative requirements relating to projects 
described in subsection (a), except that fees and forms established for 
such projects shall be published as a notice in the Federal Register.

(70)Page 48, line 16, strike out [or] and insert: and

(71)Page 49, line 4, strike out all after ``Compliance.--'' down to and 
including ``reviews'' in line 7 and insert: Not later than two years 
after the date of enactment of this Act, and every two years 
thereafter, the Commissioner of Immigration and Naturalization, in 
consultation with the Secretary of Education, shall conduct a review

(72)Page 49, line 22, strike out all after ``Reviews.--'' down to and 
including ``reviews'' in line 23 and insert: Not later than two years 
after the date of enactment of this Act, and every two years 
thereafter, the Secretary of State shall conduct a review

(73)Page 50, line 16, strike out [(c) Effect of Failure To Comply.--
Failure] and insert: (c) Effect of Material Failure to Comply.--
Material failure

(74)Page 50, line 24, strike out all after ``1372),'' over to and 
including ``be.'' in line 5 on page 51 and insert: shall result in the 
suspension for at least one year or termination, at the election of the 
Commissioner of Immigration and Naturalization, of the institution's 
approval to receive such students, or result in the suspension for at 
least one year or termination, at the election of the Secretary of 
State, of the other entity's designation to sponsor exchange visitor 
program participants, as the case may be.

(75)Page 54, lines 24 and 25, strike out [proceeding] and insert: 
proceedings

            Attest:

                                                             Secretary.
107th CONGRESS

  2d Session

                               H. R. 3525

_______________________________________________________________________

                               AMENDMENTS