[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