8 U.S.C. § 1722 — Interoperable law enforcement and intel-

Page 589 TITLE 8—ALIENS AND NATIONALITY § 1722 tion 1030(e) of title 18), and who uses such in- formation in the manner described in any of the paragraphs (1) through (7) of section 1030(a) of such title, or attempts to use such information in such manner, shall be subject to the same penalties as are applicable under section 1030(c) of such title for violation of that paragraph. (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.) Editorial Notes REFERENCES IN TEXT The Immigration and Nationality Act, referred to in subsec. (b)(1), is act June 27, 1952, ch. 477, 66 Stat. 163, which is classified principally to chapter 12 (§ 1101 et seq.) of this title. For complete classification of this Act to the Code, see Short Title note set out under sec- tion 1101 of this title and Tables. Section 403–3 of title 50, referred to in subsec. (c)(3)(F), was repealed and a new section 403–3 was en- acted by Pub. L. 108–458, title I, § 1011(a), Dec. 17, 2004, 118 Stat. 3643, 3655, and subsequently editorially reclas- sified to section 3025 of Title 50, War and National De- fense; as so enacted, subsec. (c)(7) no longer contains provisions relating to the protection of sources and methods used to acquire intelligence information. See section 3024 of Title 50. CODIFICATION Section is comprised of section 201 of Pub. L. 107–173. Subsec. (b)(2) of section 201 of Pub. L. 107–173 amended provisions set out as a note under section 1365a of this title. Subsec. (c)(5) of section 201 of Pub. L. 107–173 amended section 1379 of this title. AMENDMENTS 2003—Subsec. (c)(3)(F). Pub. L. 108–177 substituted ‘‘section 403–3(c)(7) of title 50’’ for ‘‘section 403–3(c)(6) of title 50’’. Statutory Notes and Related Subsidiaries ABOLITION OF IMMIGRATION AND NATURALIZATION SERVICE AND TRANSFER OF FUNCTIONS For abolition of Immigration and Naturalization Service, transfer of functions, and treatment of related references, see note set out under section 1551 of this title. ENHANCEMENT OF COMMUNICATIONS INTEGRATION AND INFORMATION SHARING ON BORDER SECURITY Pub. L. 109–13, div. B, title III, § 303, May 11, 2005, 119 Stat. 317, provided that: ‘‘(a) IN GENERAL.—Not later than 180 days after the date of the enactment of this division [May 11, 2005], the Secretary of Homeland Security, acting through the Under Secretary of Homeland Security for Border and Transportation Security, in consultation with the Under Secretary of Homeland Security for Science and Technology, the Under Secretary of Homeland Security for Information Analysis and Infrastructure Protec- tion, the Assistant Secretary of Commerce for Commu- nications and Information, and other appropriate Fed- eral, State, local, and tribal agencies, shall develop and implement a plan— ‘‘(1) to improve the communications systems of the departments and agencies of the Federal Government in order to facilitate the integration of communica- tions among the departments and agencies of the Federal Government and State, local government agencies, and Indian tribal agencies on matters relat- ing to border security; and ‘‘(2) to enhance information sharing among the de- partments and agencies of the Federal Government, State and local government agencies, and Indian trib- al agencies on such matters. ‘‘(b) REPORT.—Not later than 1 year after imple- menting the plan under subsection (a), the Secretary shall submit a copy of the plan and a report on the plan, including any recommendations the Secretary finds appropriate, to the Senate Committee on Com- merce, Science, and Transportation, the House of Rep- resentatives Committee on Science [now Committee on Science, Space, and Technology], the House of Rep- resentatives Committee on Homeland Security, and the House of Representatives Committee on the Judici- ary.’’ § 1722. Interoperable law enforcement and intel- ligence data system with name-matching ca- pacity and training (a) Interoperable law enforcement and intel- ligence 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 proc- ess or contain information on aliens. The fully integrated data system shall be an interoper- able component of the electronic data system described in paragraph (2). (2) Requirement for interoperable data system Upon the date of commencement of imple- mentation 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 ad- missibility 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 Tech- nology (NIST) and any such other agency as may be deemed appropriate. (4) Technology standard (A) In general The data system developed and imple- mented under this subsection, and the data- bases referred to in paragraph (2), shall uti- lize the technology standard established pur- suant 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 in- telligence officer determined by regulation to be responsible for the investigation or identification of aliens. Page 590 TITLE 8—ALIENS AND NATIONALITY § 1723 1 See References in Text note below. (6) Limitation on access The President shall, in accordance with ap- plicable 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 of- ficials under paragraph (5). (b) Name-search capacity and support (1) In general The interoperable electronic data system re- quired 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 sen- sitive basis; (C) provide adequate user support; (D) to the extent practicable, utilize com- mercially available technology; and (E) be adjusted and improved, based upon experience with the databases and improve- ments 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 for- mats and transliterations, including var- ied spellings and varied separation or com- bination of name elements, within a par- ticular language; and (ii) incorporate advanced linguistic, mathematical, statistical, and anthropo- logical 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 prior- ities by the Secretary of State, after con- sultation with the Attorney General and the Director of Central Intelligence. (ii) Implementation schedule Of the 4 linguistically sensitive algo- rithms required to be developed and imple- mented under clause (i)— (I) the highest priority language algo- rithms 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 ad- mission to the United States that may be sub- ject 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 com- mittees of Congress on the progress in imple- menting 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 sec- tion 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 provi- sions of this subsection. (Pub. L. 107–173, title II, § 202, May 14, 2002, 116 Stat. 548.) Editorial Notes REFERENCES IN TEXT Section 309 of the Intelligence Authorization Act for Fiscal Year 1998, referred to in subsec. (b)(5), is section 309 of Pub. L. 105–107, title III, Nov. 20, 1997, 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. CODIFICATION Section is comprised of section 202 of Pub. L. 107–173. Subsec. (a)(4)(B) of section 202 of Pub. L. 107–173 amend- ed section 1379 of this title. Statutory Notes and Related Subsidiaries CHANGE OF NAME 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 intelligence com- munity deemed to be a reference to the Director of Na- tional Intelligence. Reference to the Director of Cen- tral Intelligence or the Director of the Central Intel- ligence Agency in the Director’s capacity as the head of the Central Intelligence Agency deemed to be a ref- erence to the Director of the Central Intelligence Agen- cy. 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 FUNCTIONS For abolition of Immigration and Naturalization Service, transfer of functions, and treatment of related references, see note set out under section 1551 of this title. § 1723. Commission on Interoperable Data Shar- ing (a) Establishment Not later than one year after October 26, 2001, the President shall establish a Commission on