2013 US Code
Title 8 - Aliens and Nationality
Chapter 12 - IMMIGRATION AND NATIONALITY (§§ 1101 - 1537)
Subchapter II - IMMIGRATION (§§ 1151 - 1381)
Part IX - Miscellaneous (§§ 1351 - 1381)
Section 1379 - Technology standard to confirm identity
Publication Title | United States Code, 2012 Edition, Supplement 1, Title 8 - ALIENS AND NATIONALITY |
Category | Bills and Statutes |
Collection | United States Code |
SuDoc Class Number | Y 1.2/5: |
Contained Within | Title 8 - ALIENS AND NATIONALITY CHAPTER 12 - IMMIGRATION AND NATIONALITY SUBCHAPTER II - IMMIGRATION Part IX - Miscellaneous Sec. 1379 - Technology standard to confirm identity |
Contains | section 1379 |
Date | 2013 |
Laws in Effect as of Date | January 16, 2014 |
Positive Law | No |
Disposition | standard |
Source Credit | Pub. L. 107-56, title IV, §403(c), Oct. 26, 2001, 115 Stat. 344; Pub. L. 107-173, title II, §§201(c)(5), 202(a)(4)(B), May 14, 2002, 116 Stat. 548, 549. |
Statutes at Large References | 115 Stat. 344, 345 116 Stat. 548 |
Public Law References | Public Law 107-56, Public Law 107-173 |
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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) InteroperableThe 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) AccessibleThe 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) ReportNot 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) FundingThere 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.
(Pub. L. 107–56, title IV, §403(c), Oct. 26, 2001, 115 Stat. 344; Pub. L. 107–173, title II, §§201(c)(5), 202(a)(4)(B), May 14, 2002, 116 Stat. 548, 549.)
CODIFICATIONSection 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.
AMENDMENTS2002—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”.
REPORT ON THE INTEGRATED AUTOMATED FINGERPRINT IDENTIFICATION SYSTEM FOR PORTS OF ENTRY AND OVERSEAS CONSULAR POSTSPub. L. 107–56, title IV, §405, Oct. 26, 2001, 115 Stat. 345, provided that:
“(a)
“(b)
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