8 U.S.C. § 1723 — Commission on Interoperable Data Shar-

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 Page 591 TITLE 8—ALIENS AND NATIONALITY § 1731 Interoperable Data Sharing (in this section re- ferred to as the ‘‘Commission’’). The purposes of the Commission shall be to— (1) monitor the protections described in sec- tion 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 Com- mission’s findings and recommendations. (b) Composition The Commission shall consist of nine mem- bers, 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 Representa- tives, the Majority Leader of the Senate, and the Minority Leader of the Senate. (c) Considerations The Commission shall consider recommenda- tions regarding the following issues: (1) Adequate protection of privacy concerns inherent in the design, implementation, or op- eration of the interoperable electronic data system. (2) Timely adoption of security innovations, consistent with generally accepted security standards, to protect the integrity and con- fidentiality of information to prevent the risks of accidental or unauthorized loss, ac- cess, destruction, use modification, or disclo- sure of information. (3) The adequacy of mechanisms to permit the timely correction of errors in data main- tained 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 main- tained by the system, including recommenda- tions for modifications to existing laws and regulations to sanction misuse of the system. (d) Authorization of appropriations There are authorized to be appropriated to the Commission such sums as may be necessary to carry out this section. (Pub. L. 107–173, title II, § 203, May 14, 2002, 116 Stat. 551.) § 1724. Personnel management authorities for po- sitions involved in the development and im- plementation 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 sci- entific, technical, engineering, and other analyt- ical personnel for the purpose of the develop- ment and implementation of the interoperable electronic data system described in section 1722(a)(2) of this title (also known as the ‘‘Chi- mera system’’). (b) Limitation on rate of pay Except as otherwise provided by law, no em- ployee 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 sys- tem established under this section shall be sub- ject to the limitation on payments to employees under section 5307 of title 5. (d) Operating plan Not later than 90 days after May 14, 2002, the Attorney General shall submit to the Com- mittee on Appropriations, the Committee on the Judiciary, the Select Committee on Intel- ligence, and the Committee on Foreign Rela- tions of the Senate and the Committee on Ap- propriations, the Committee on the Judiciary, the Permanent Select Committee on Intel- ligence, and the Committee on International Re- lations of the House of Representatives an oper- ating plan— (1) describing the Attorney General’s in- tended 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 The authority of this section shall terminate upon the implementation of the Chimera sys- tem. (Pub. L. 107–173, title II, § 204, May 14, 2002, 116 Stat. 551.) Editorial Notes REFERENCES IN TEXT Level III of the Executive Schedule, referred to in subsec. (b), is set out in section 5314 of Title 5, Govern- ment Organization and Employees. Statutory Notes and Related Subsidiaries CHANGE OF NAME Committee on International Relations of House of Representatives changed to Committee on Foreign Af- fairs of House of Representatives by House Resolution No. 6, One Hundred Tenth Congress, Jan. 5, 2007. SUBCHAPTER III—VISA ISSUANCE § 1731. Implementation of an integrated entry and exit data system (a) Development of system In developing the integrated entry and exit data system for the ports of entry, as required by the Immigration and Naturalization Service Data Management Improvement Act of 2000 (Public Law 106–215), the Attorney General and the Secretary of State shall— (1) implement, fund, and use a technology standard under section 1379 of this title at United States ports of entry and at consular posts abroad; (2) establish a database containing the ar- rival and departure data from machine-read- able visas, passports, and other travel and entry documents possessed by aliens; and (3) make interoperable all security databases relevant to making determinations of admissi- bility under section 1182 of this title.