- § 1721. Interim measures for access to and coordination of law enforcement and other information
- § 1722. Interoperable law enforcement and intelligence data system with name-matching capacity and training
- § 1723. Commission on Interoperable Data Sharing
- § 1724. Personnel management authorities for positions involved in the development and implementation of the interoperable electronic data system (“Chimera system”)
§ 1721. Interim measures for access to and coordination of law enforcement and other information
(a) Interim directive
(b) Report identifying law enforcement and intelligence information
(1) In general
(2) Omitted
(c) Coordination plan
(1) Requirement for plan
(2) Consultation requirement
(3) Protections regarding information and uses thereof
The plan under this subsection shall establish conditions 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 determine the admissibility or deportability of an alien to the United States, except as otherwise authorized under Federal 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 403–3(c)(7) of title 50.1
1 See References in Text note below.
(4) Criminal penalties for misuse of information
(Pub. L. 107–173, title II, § 201, May 14, 2002, 116 Stat. 547; Pub. L. 108–177, title III, § 377(f), Dec. 13, 2003, 117 Stat. 2631.)
§ 1722. 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 naturalization data system
(2) Requirement for interoperable data system
(3) Consultation requirement
(4) Technology standard
(A) In general
(B) Omitted
(5) Access to information in data system
Subject to paragraph (6), information in the data system under this subsection 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
(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 subsection (a);
(B) be searchable on a linguistically sensitive basis;
(C) provide adequate user support;
(D) to the extent practicable, utilize commercially available technology; and
(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 paragraph (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
(ii) Implementation schedule
Of the 4 linguistically sensitive algorithms required to be developed and implemented under clause (i)—
(I) the highest priority language algorithms shall be implemented within 18 months after May 14, 2002; and(II) an additional language algorithm shall be implemented each succeeding year for the next three years.(3) Adequate user support
(4) Interim reports
(5) Reports by intelligence agencies
(A) Current standards
(B) Guidelines
(6) Authorization of appropriations
(Pub. L. 107–173, title II, § 202, May 14, 2002, 116 Stat. 548.)
§ 1723. Commission on Interoperable Data Sharing
(a) Establishment
Not later than one year after October 26, 2001, the President shall establish 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 1721(c)(3) of this title;
(2) provide oversight of the interoperable electronic data system described in section 1722 of this title; and
(3) report to Congress annually on the Commission’s findings and recommendations.
(b) Composition
The Commission shall consist of nine members, who shall be appointed by the President, as follows:
(1) One member, who shall serve as Chair of the Commission.
(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 Representatives, the Majority Leader of the Senate, and the Minority Leader of the Senate.
(c) Considerations
The Commission shall consider recommendations 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 accidental or unauthorized loss, access, destruction, use modification, 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 recommendations for modifications to existing laws and regulations to sanction misuse of the system.
(d) Authorization of appropriations
(Pub. L. 107–173, title II, § 203, May 14, 2002, 116 Stat. 551.)
§ 1724. Personnel management authorities for positions involved in the development and implementation of the interoperable electronic data system (“Chimera system”)
(a) In general
(b) Limitation on rate of pay
(c) Limitation on total calendar year payments
(d) Operating plan
Not later than 90 days after May 14, 2002, 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 being waived for purposes of the development and implementation of the Chimera system.
(e) Termination date
(Pub. L. 107–173, title II, § 204, May 14, 2002, 116 Stat. 551.)