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

Summary

Require the Attorney General and the Secretary of State, working through NIST and after consulting the Secretary of the Treasury, other appropriate federal agencies, and Congress, to create and certify a technology standard — including biometric rules — within 15 months after October 26, 2001. The standard must let officials check the identity of people applying for or entering on a U.S. visa, support background checks, and detect if someone got a visa under another name. Make that standard the technical basis for a cost‑effective, fully interoperable electronic system to share law enforcement and intelligence information. The system must be available to consular officers who issue visas, federal border inspection agents, and law enforcement and intelligence officers responsible for identifying or investigating visa holders. Not later than one year after October 26, 2001, and every two years after that, the Attorney General and Secretary of State must report to Congress on how the standard and system are developing, how well they work, and their privacy effects. Funds may be provided to the Secretary of State, the Attorney General, and NIST as needed to do 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