8 U.S.C. § 1722

Current through P.L. 118-106 (published on www.congress.gov on 10/04/2024)
Section 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

The Immigration and Naturalization Service shall fully integrate all databases and data systems maintained by the Service that process or contain information on aliens. The fully integrated data system shall be an interoperable component of the electronic data system described in paragraph (2).

(2) Requirement for interoperable data system

Upon the date of commencement of implementation of the plan required by section 1721(c) of this title, the President shall develop and implement an interoperable electronic data system to provide current and immediate access to information in databases of Federal law enforcement agencies and the intelligence community that is relevant to determine whether to issue a visa or to determine the admissibility or deportability of an alien (also known as the "Chimera system").

(3) Consultation requirement

In the development and implementation of the data system under this subsection, the President shall consult with the Director of the National Institute of Standards and Technology (NIST) and any such other agency as may be deemed appropriate.

(4) Technology standard
(A) In general

The data system developed and implemented under this subsection, and the databases referred to in paragraph (2), shall utilize the technology standard established pursuant to section 1379 of this title.

(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

The President shall, in accordance with applicable Federal laws, establish procedures to restrict access to intelligence information in the data system under this subsection, and the databases referred to in paragraph (2), under circumstances in which such information is not to be disclosed directly to Government officials under paragraph (5).

(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

Linguistically sensitive algorithms shall be developed and implemented for no fewer than 4 languages designated as high priorities by the Secretary of State, after consultation with the Attorney General and the Director of Central Intelligence.

(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

The Secretary of State and the Attorney General shall jointly prescribe procedures to ensure that consular and immigration officers can, as required, obtain assistance in resolving identity and other questions that may arise about the names of aliens seeking visas or admission to the United States that may be subject to variations in format, transliteration, or other similar phenomenon.

(4) Interim reports

Six months after May 14, 2002, the President shall submit a report to the appropriate committees of Congress on the progress in implementing each requirement of this section.

(5) Reports by intelligence agencies
(A) Current standards

Not later than 60 days after May 14, 2002, the Director of Central Intelligence shall complete the survey and issue the report previously required by section 309(a) of the Intelligence Authorization Act for Fiscal Year 1998 ( 50 U.S.C. 403-3 note).1

(B) Guidelines

Not later than 120 days after May 14, 2002, the Director of Central Intelligence shall issue the guidelines and submit the copy of those guidelines previously required by section 309(b) of the Intelligence Authorization Act for Fiscal Year 1998.

(6) Authorization of appropriations

There are authorized to be appropriated such sums as are necessary to carry out the provisions of this subsection.

1 See References in Text note below.

8 U.S.C. § 1722

Pub. L. 107-173, title II, §202, May 14, 2002, 116 Stat. 548.

EDITORIAL NOTES

REFERENCES IN TEXTSection 309 of the Intelligence Authorization Act for Fiscal Year 1998, referred to in subsec. (b)(5), is section 309, Nov. 20, 1997 of Pub. L. 105-107, 111 Stat. 2253, which was set out as a note under former section 403-3 of Title 50, War and National Defense, and is now set out as a note under section 3024 of Title 50.

CODIFICATIONSection is comprised of section 202 of Pub. L. 107-173. Subsec. (a)(4)(B) of section 202 of Pub. L. 107-173 amended section 1379 of this title.

STATUTORY NOTES AND RELATED SUBSIDIARIES

CHANGE OF NAMEReference to the Director of Central Intelligence or the Director of the Central Intelligence Agency in the Director's capacity as the head of the intelligence community deemed to be a reference to the Director of National Intelligence. Reference to the Director of Central Intelligence or the Director of the Central Intelligence Agency in the Director's capacity as the head of the Central Intelligence Agency deemed to be a reference to the Director of the Central Intelligence Agency. See section 1081(a), (b) of Pub. L. 108-458 set out as a note under section 3001 of Title 50, War and National Defense.

ABOLITION OF IMMIGRATION AND NATURALIZATION SERVICE AND TRANSFER OF FUNCTIONSFor abolition of Immigration and Naturalization Service, transfer of functions, and treatment of related references, see note set out under section 1551 of this title.

Chimera system
The term "Chimera system" means the interoperable electronic data system required to be developed and implemented by section 1722(a)(2) of this title.
Federal law enforcement agencies
The term "Federal law enforcement agencies" means the following:(A) The United States Secret Service.(B) The Drug Enforcement Administration.(C) The Federal Bureau of Investigation.(D) The Immigration and Naturalization Service.(E) The United States Marshall Service.(F) The Naval Criminal Investigative Service.(G) The Coast Guard.(H) The Diplomatic Security Service.(I) The United States Postal Inspection Service.(J) The Bureau of Alcohol, Tobacco, Firearms, and Explosives, Department of Justice.(K) The United States Customs Service.(L) The National Park Service.
President
The term "President" means the President of the United States, acting through the Assistant to the President for Homeland Security, in coordination with the Secretary of State, the Commissioner of Immigration and Naturalization, the Attorney General, the Director of Central Intelligence, the Director of the Federal Bureau of Investigation, the Secretary of Transportation, the Commissioner of U.S. Customs and Border Protection, and the Secretary of the Treasury.
appropriate committees of Congress
The term "appropriate committees of Congress" means the following:(A) The Committee on the Judiciary, the Select Committee on Intelligence, and the Committee on Foreign Relations of the Senate.(B) The Committee on the Judiciary, the Permanent Select Committee on Intelligence, and the Committee on International Relations of the House of Representatives.