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8 U.S.C. § 1379Technology standard to confirm identity

submitted 25 years ago by Pub. L. 107-56 to r/title-8-ALIENS-AND-NATIONALITY · 368 words · no verdicts yet

in plain englishAI-generated · not legal advice

The Attorney General and Secretary of State must develop a certified biometric technology standard for verifying visa applicants’ identities. They must use it as the basis for an interoperable information system, make that system accessible to specified officials, and report to Congress.

(1) Within 15 months after October 26, 2001, the Attorney General and Secretary of State, through NIST, consulting the Treasury Secretary, appropriate Federal law-enforcement and intelligence agencies, and Congress, must develop and certify a technology standard, including suitable biometric identifiers. It must verify the identity of people applying for United States visas or seeking entry under visas, support background checks, confirm identity, and ensure that a person did not receive a visa under another name. (2) The standard must be the technical basis for a cost-effective, efficient, fully interoperable, cross-agency and cross-platform electronic system for sharing the needed law-enforcement and intelligence information. (3) Once implemented, the system must be readily accessible to consular visa officers, Federal inspection agents at every United States border inspection point, and law-enforcement and intelligence officers whom regulations identify as responsible for investigating or identifying visa-admitted aliens. (4) Within 1 year after October 26, 2001, and every 2 years thereafter, the two Secretaries, consulting Treasury, must report to Congress on the standard and database’s development, implementation, effectiveness, and privacy implications. (5) Congress may appropriate amounts necessary for State, the Attorney General, and NIST to carry out this section.
the actual law source: uscode.house.gov ↗public domain
(1) In general

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) Interoperable

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) Accessible

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) Report

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) Funding

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.

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.)

history & why it existsrecord from the source credit
  • 2001Enacted · Pub. L. 107-56 · 115 Stat. 344
  • 2002Amended · Pub. L. 107-173 · 116 Stat. 548, 549

A history note hasn’t been published yet. The record shows enactment by Pub. L. 107-56 on 2001-10-26.

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