[Congressional Record Volume 148, Number 45 (Monday, April 22, 2002)]
[Senate]
[Pages S3106-S3108]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




       ENHANCED BORDER SECURITY AND VISA ENTRY REFORM ACT OF 2002

  On April 18, 2002, the Senate amended and passed H.R. 3525, as 
follows:

           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:

[[Page S3107]]

            ``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

[[Page S3108]]

     (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

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