§1379 — Title 8 Aliens and Nationality | U.S. Code

Summary

The Attorney General and the Secretary of State must work with NIST, the Secretary of the Treasury, other federal law enforcement and intelligence agencies they choose, and Congress to create and approve a technology standard within 15 months after October 26, 2001. The standard must include biometric identifier rules and be able to verify the identity of people applying for U.S. visas or entering with visas for background checks, identity confirmation, and to prevent someone from getting a visa under another name. That standard must be the technical basis for a cross-agency, cross-platform electronic system that lets agencies share law enforcement and intelligence information efficiently. Once built, the system must be easy for all visa‑issuing consular officers, all Federal inspection agents at U.S. border checkpoints, and other law enforcement or intelligence officers (as set by regulation) to access. Within one year after October 26, 2001, and every 2 years after, the Attorney General and the Secretary of State must report to Congress on development, use, effectiveness, and privacy effects. Congress may provide whatever money is needed to the Secretary of State, the Attorney General, and NIST to carry out this work.

Title 8, §1379

Aliens and Nationality — Source: USLM XML via OLRC

(1)The Attorney General and the Secretary of State jointly, through the National Institute of Standards and Technology (NIST), and in consultation with the Secretary of the Treasury and other Federal law enforcement and intelligence agencies the Attorney General or Secretary of State deems appropriate and in consultation with Congress, shall within 15 months after October 26, 2001, develop and certify a technology standard, including appropriate biometric identifier standards, that can be used to verify the identity of persons applying for a United States visa or such persons seeking to enter the United States pursuant to a visa for the purposes of conducting background checks, confirming identity, and ensuring that a person has not received a visa under a different name or such person seeking to enter the United States pursuant to a visa.

(2)The technology standard developed pursuant to paragraph (1), shall be the technological basis for a cross-agency, cross-platform electronic system that is a cost-effective, efficient, fully interoperable means to share law enforcement and intelligence information necessary to confirm the identity of such persons applying for a United States visa or such person seeking to enter the United States pursuant to a visa.

(3)The electronic system described in paragraph (2), once implemented, shall be readily and easily accessible to—

(A)all consular officers responsible for the issuance of visas;

(B)all Federal inspection agents at all United States border inspection points; and

(C)all law enforcement and intelligence officers as determined by regulation to be responsible for investigation or identification of aliens admitted to the United States pursuant to a visa.

(4)Not later than one year after October 26, 2001, and every 2 years thereafter, the Attorney General and the Secretary of State shall jointly, in consultation with the Secretary of Treasury, report to Congress describing the development, implementation, efficacy, and privacy implications of the technology standard and electronic database system described in this section.

(5)There is authorized to be appropriated to the Secretary of State, the Attorney General, and the Director of the National Institute of Standards and Technology such sums as may be necessary to carry out the provisions of this section.

Notes & Related Subsidiaries

Editorial Notes

Codification Section was enacted as part of the Uniting and Strengthening America by Providing Appropriate Tools Required to Intercept and Obstruct Terrorism Act of 2001 or USA PATRIOT Act, and not as part of the Immigration and Nationality Act which comprises this chapter.

Amendments

2002—Par. (1). Pub. L. 107–173, §§ 201(c)(5)(A), 202(a)(4)(B)(i), substituted “15 months” for “2 years” and inserted “, including appropriate biometric identifier standards,” after “technology standard”. Par. (2). Pub. L. 107–173, § 202(a)(4)(B)(ii), substituted “Interoperable” for “Integrated” in heading and “interoperable” for “integrated” in text. Par. (4). Pub. L. 107–173, § 201(c)(5)(B), substituted “one year” for “18 months”.

Statutory Notes and Related Subsidiaries

Report on the Integrated Automated Fingerprint Identification System for Ports of Entry and Overseas Consular Posts Pub. L. 107–56, title IV, § 405, Oct. 26, 2001, 115 Stat. 345, provided that: “(a) In General.—The Attorney General, in consultation with the appropriate heads of other Federal agencies, including the Secretary of State, Secretary of the Treasury, and the Secretary of Transportation, shall report to Congress on the feasibility of enhancing the Integrated Automated Fingerprint Identification System (IAFIS) of the Federal Bureau of Investigation and other identification systems in order to better identify a person who holds a foreign passport or a visa and may be wanted in connection with a criminal investigation in the United States or abroad, before the issuance of a visa to that person or the entry or exit from the United States by that person. “(b) Authorization of Appropriations.—There is authorized to be appropriated not less than $2,000,000 to carry out this section.”

§1379 Technology standard to confirm identity