US (United States) Code. Title 8. Chapter 15: Enhanced border security and visa entry reform

Codificación normativa de EEUU (Estados Unidos) Legislación Federal estadounidense # Aliens and nationality

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publicidad

-CITE-

8 USC CHAPTER 15 - ENHANCED BORDER SECURITY AND VISA

ENTRY REFORM 01/06/03

-EXPCITE-

TITLE 8 - ALIENS AND NATIONALITY

CHAPTER 15 - ENHANCED BORDER SECURITY AND VISA ENTRY REFORM

.

-HEAD-

CHAPTER 15 - ENHANCED BORDER SECURITY AND VISA ENTRY REFORM

-MISC1-

Sec.

1701. Definitions.

SUBCHAPTER I - FUNDING

1711. Authorization of appropriations for hiring and training

Government personnel.

(a) Additional personnel.

(b) Authorization of appropriations for INS staffing.

(c) Authorization of appropriations for training.

(d) Authorization of appropriations for consular

functions.

1712. Authorization of appropriations for improvements in

technology and infrastructure.

(a) Funding of technology.

(b) Improvement and expansion of INS, State

Department, and customs facilities.

1713. Machine-readable visa fees.

(a) Omitted.

(b) Fee amount.

(c) Surcharge.

(d) Availability of collected fees.

SUBCHAPTER II - INTERAGENCY INFORMATION SHARING

1721. Interim measures for access to and coordination of law

enforcement and other information.

(a) Interim directive.

(b) Report identifying law enforcement and

intelligence information.

(c) Coordination plan.

1722. Interoperable law enforcement and intelligence data system

with name-matching capacity and training.

(a) Interoperable law enforcement and intelligence

electronic data system.

(b) Name-search capacity and support.

1723. Commission on Interoperable Data Sharing.

(a) Establishment.

(b) Composition.

(c) Considerations.

(d) Authorization of appropriations.

1724. Personnel management authorities for positions involved in

the development and implementation of the interoperable

electronic data system (''Chimera system'').

(a) In general.

(b) Limitation on rate of pay.

(c) Limitation on total calendar year payments.

(d) Operating plan.

(e) Termination date.

SUBCHAPTER III - VISA ISSUANCE

1731. Implementation of an integrated entry and exit data system.

(a) Development of system.

(b) Implementation.

1732. Machine-readable, tamper-resistant entry and exit documents.

(a) Report.

(b) Requirements.

(c) Technology standard for visa waiver participants.

(d) Authorization of appropriations.

1733. Terrorist lookout committees.

(a) Establishment.

(b) Purpose.

(c) Composition; chair.

(d) Meetings.

(e) Periodic reports to the Secretary of State.

(f) Reports to Congress.

(g) Authorization of appropriations.

1734. Improved training for consular officers.

(a) Training.

(b) Use of foreign intelligence information.

(c) Authorization of appropriations.

1735. Restriction on issuance of visas to nonimmigrants from

countries that are state sponsors of international terrorism.

(a) In general.

(b) State sponsor of international terrorism defined.

1736. Check of lookout databases.

1737. Tracking system for stolen passports.

(a) Entering stolen passport identification numbers

in the interoperable data system.

(b) Transition period.

1738. Identification documents for certain newly admitted aliens.

SUBCHAPTER IV - INSPECTION AND ADMISSION OF ALIENS

1751. Study of the feasibility of a North American National

Security Program.

(a) In general.

(b) Study elements.

(c) Report.

(d) Authorization of appropriations.

1752. Staffing levels at ports of entry.

1753. Joint United States-Canada projects for alternative

inspections services.

(a) In general.

(b) Annual report.

(c) Exemption from Administrative Procedure Act and

Paperwork Reduction Act.

SUBCHAPTER V - FOREIGN STUDENTS AND EXCHANGE VISITORS

1761. Foreign student monitoring program.

(a) Omitted.

(b) Information required of the visa applicant.

(c) Transitional program.

1762. Review of institutions and other entities authorized to

enroll or sponsor certain nonimmigrants.

(a) Periodic review of compliance.

(b) Periodic review of sponsors of exchange visitors.

(c) Effect of material failure to comply.

SUBCHAPTER VI - MISCELLANEOUS PROVISIONS

1771. General Accounting Office study.

(a) Requirement for study.

(b) Report.

1772. International cooperation.

(a) International electronic data system.

(b) Report.

1773. Statutory construction.

1774. Annual report on aliens who fail to appear after release on

own recognizance.

(a) Requirement for report.

(b) Initial report.

1775. Retention of nonimmigrant visa applications by the Department

of State.

-CITE-

8 USC Sec. 1701 01/06/03

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TITLE 8 - ALIENS AND NATIONALITY

CHAPTER 15 - ENHANCED BORDER SECURITY AND VISA ENTRY REFORM

-HEAD-

Sec. 1701. Definitions

-STATUTE-

In this chapter:

(1) Alien

The term ''alien'' has the meaning given the term in section

1101(a)(3) of this title.

(2) Appropriate committees of Congress

The term ''appropriate committees of Congress'' means the

following:

(A) The Committee on the Judiciary, the Select Committee on

Intelligence, and the Committee on Foreign Relations of the

Senate.

(B) The Committee on the Judiciary, the Permanent Select

Committee on Intelligence, and the Committee on International

Relations of the House of Representatives.

(3) Chimera system

The term ''Chimera system'' means the interoperable electronic

data system required to be developed and implemented by section

1722(a)(2) of this title.

(4) Federal law enforcement agencies

The term ''Federal law enforcement agencies'' means the

following:

(A) The United States Secret Service.

(B) The Drug Enforcement Administration.

(C) The Federal Bureau of Investigation.

(D) The Immigration and Naturalization Service.

(E) The United States Marshall Service.

(F) The Naval Criminal Investigative Service.

(G) The Coastal Security Service.

(H) The Diplomatic Security Service.

(I) The United States Postal Inspection Service.

(J) The Bureau of Alcohol, Tobacco, Firearms, and Explosives,

Department of Justice.

(K) The United States Customs Service.

(L) The National Park Service.

(5) Intelligence community

The term ''intelligence community'' has the meaning given that

term in section 401a(4) of title 50.

(6) President

The term ''President'' means the President of the United

States, acting through the Assistant to the President for

Homeland Security, in coordination with the Secretary of State,

the Commissioner of Immigration and Naturalization, the Attorney

General, the Director of Central Intelligence, the Director of

the Federal Bureau of Investigation, the Secretary of

Transportation, the Commissioner of Customs, and the Secretary of

the Treasury.

(7) USA PATRIOT Act

The term ''USA PATRIOT Act'' means the Uniting and

Strengthening America by Providing Appropriate Tools Required to

Intercept and Obstruct Terrorism (USA PATRIOT ACT) Act of 2001

(Public Law 107-56).

-SOURCE-

(Pub. L. 107-173, Sec. 2, May 14, 2002, 116 Stat. 544; Pub. L.

107-296, title XI, Sec. 1112(c), Nov. 25, 2002, 116 Stat. 2276.)

-REFTEXT-

REFERENCES IN TEXT

This chapter, referred to in introductory provisions, was in the

original ''this Act'', meaning Pub. L. 107-173, May 14, 2002, 116

Stat. 543, which is classified principally to this chapter. For

complete classification of this Act to the Code, see Short Title

note set out below and Tables.

Uniting and Strengthening America by Providing Appropriate Tools

Required to Intercept and Obstruct Terrorism (USA PATRIOT ACT) Act

of 2001, referred to in par. (7), is Pub. L. 107-56, Oct. 26, 2001,

115 Stat. 272, as amended. For complete classification of this Act

to the Code, see Short Title of 2001 Amendment note set out under

section 1 of Title 18, Crimes and Criminal Procedure, and Tables.

-MISC2-

AMENDMENTS

2002 - Par. (4)(J). Pub. L. 107-296 substituted ''Bureau of

Alcohol, Tobacco, Firearms, and Explosives, Department of Justice''

for ''Bureau of Alcohol, Tobacco, and Firearms''.

EFFECTIVE DATE OF 2002 AMENDMENT

Amendment by Pub. L. 107-296 effective 60 days after Nov. 25,

2002, see section 4 of Pub. L. 107-296, set out as an Effective

Date note under section 101 of Title 6, Domestic Security.

SHORT TITLE

Pub. L. 107-173, Sec. 1(a), May 14, 2002, 116 Stat. 543, provided

that: ''This Act (enacting this chapter, amending sections 1187,

1201, 1221, 1356, 1372, and 1379 of this title, enacting provisions

set out as notes under section 1221 of this title, and amending

provisions set out as notes under sections 1101, 1351, and 1365a of

this title) may be cited as the 'Enhanced Border Security and Visa

Entry Reform Act of 2002'.''

-TRANS-

TRANSFER OF FUNCTIONS

For transfer of functions, personnel, assets, and liabilities of

the United States Customs Service of the Department of the

Treasury, including functions of the Secretary of the Treasury

relating thereto, to the Secretary of Homeland Security, and for

treatment of related references, see sections 203(1), 551(d),

552(d), and 557 of Title 6, Domestic Security, and the Department

of Homeland Security Reorganization Plan of November 25, 2002, as

modified, set out as a note under section 542 of Title 6.

For transfer of the functions, personnel, assets, and obligations

of the United States Secret Service, including the functions of the

Secretary of the Treasury relating thereto, to the Secretary of

Homeland Security, and for treatment of related references, see

sections 381, 551(d), 552(d), and 557 of Title 6, Domestic

Security, and the Department of Homeland Security Reorganization

Plan of November 25, 2002, as modified, set out as a note under

section 542 of Title 6.

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.

-CITE-

8 USC SUBCHAPTER I - FUNDING 01/06/03

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TITLE 8 - ALIENS AND NATIONALITY

CHAPTER 15 - ENHANCED BORDER SECURITY AND VISA ENTRY REFORM

SUBCHAPTER I - FUNDING

.

-HEAD-

SUBCHAPTER I - FUNDING

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8 USC Sec. 1711 01/06/03

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TITLE 8 - ALIENS AND NATIONALITY

CHAPTER 15 - ENHANCED BORDER SECURITY AND VISA ENTRY REFORM

SUBCHAPTER I - FUNDING

-HEAD-

Sec. 1711. Authorization of appropriations for hiring and training

Government personnel

-STATUTE-

(a) Additional personnel

(1) INS inspectors

Subject to the availability of appropriations, during each of

the fiscal years 2003 through 2006, the Attorney General shall

increase the number of inspectors and associated support staff in

the Immigration and Naturalization Service by the equivalent of

at least 200 full-time employees over the number of inspectors

and associated support staff in the Immigration and

Naturalization Service authorized by the USA PATRIOT Act.

(2) INS investigative personnel

Subject to the availability of appropriations, during each of

the fiscal years 2003 through 2006, the Attorney General shall

increase the number of investigative and associated support staff

of the Immigration and Naturalization Service by the equivalent

of at least 200 full-time employees over the number of

investigators and associated support staff in the Immigration and

Naturalization Service authorized by the USA PATRIOT Act.

(3) Authorization of appropriations

There are authorized to be appropriated such sums as may be

necessary to carry out this subsection, including such sums as

may be necessary to provide facilities, attorney personnel and

support staff, and other resources needed to support the

increased number of inspectors, investigative staff, and

associated support staff.

(b) Authorization of appropriations for INS staffing

(1) (FOOTNOTE 1) In general

(FOOTNOTE 1) So in original. No par. (2) has been enacted.

There are authorized to be appropriated for the Department of

Justice such sums as may be necessary to provide an increase in

the annual rate of basic pay effective October 1, 2002 -

(A) for all journeyman Border Patrol agents and inspectors

who have completed at least one year's service and are

receiving an annual rate of basic pay for positions at GS-9 of

the General Schedule under section 5332 of title 5 from the

annual rate of basic pay payable for positions at GS-9 of the

General Schedule under such section 5332, to an annual rate of

basic pay payable for positions at GS-11 of the General

Schedule under such section 5332;

(B) for inspections assistants, from the annual rate of basic

pay payable for positions at GS-5 of the General Schedule under

section 5332 of title 5 to an annual rate of basic pay payable

for positions at GS-7 of the General Schedule under such

section 5332; and

(C) for the support staff associated with the personnel

described in subparagraphs (A) and (B), at the appropriate GS

level of the General Schedule under such section 5332.

(c) Authorization of appropriations for training

There are authorized to be appropriated such sums as may be

necessary -

(1) to appropriately train Immigration and Naturalization

Service personnel on an ongoing basis -

(A) to ensure that their proficiency levels are acceptable to

protect the borders of the United States; and

(B) otherwise to enforce and administer the laws within their

jurisdiction;

(2) to provide adequate continuing cross-training to agencies

staffing the United States border and ports of entry to

effectively and correctly apply applicable United States laws;

(3) to fully train immigration officers to use the appropriate

lookout databases and to monitor passenger traffic patterns; and

(4) to expand the Carrier Consultant Program described in

section 1225a(b) of this title. (FOOTNOTE 2)

(FOOTNOTE 2) See References in Text note below.

(d) Authorization of appropriations for consular functions

(1) Responsibilities

The Secretary of State shall -

(A) implement enhanced security measures for the review of

visa applicants;

(B) staff the facilities and programs associated with the

activities described in subparagraph (A); and

(C) provide ongoing training for consular officers and

diplomatic security agents.

(2) Authorization of appropriations

There are authorized to be appropriated for the Department of

State such sums as may be necessary to carry out paragraph (1).

-SOURCE-

(Pub. L. 107-173, title I, Sec. 101, May 14, 2002, 116 Stat. 545.)

-REFTEXT-

REFERENCES IN TEXT

Section 1225a(b) of this title, referred to in subsec. (c)(4),

was in the original ''section 235(b) of the Immigration and

Nationality Act (8 U.S.C. 1225A(b))'' and was translated as reading

section 235A(b) of that Act to reflect the probable intent of

Congress because that section 235A(b) describes the Carrier

Consultant Program.

-TRANS-

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.

-CITE-

8 USC Sec. 1712 01/06/03

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TITLE 8 - ALIENS AND NATIONALITY

CHAPTER 15 - ENHANCED BORDER SECURITY AND VISA ENTRY REFORM

SUBCHAPTER I - FUNDING

-HEAD-

Sec. 1712. Authorization of appropriations for improvements in

technology and infrastructure

-STATUTE-

(a) Funding of technology

(1) Authorization of appropriations

In addition to funds otherwise available for such purpose,

there are authorized to be appropriated $150,000,000 to the

Immigration and Naturalization Service for purposes of -

(A) making improvements in technology (including

infrastructure support, computer security, and information

technology development) for improving border security;

(B) expanding, utilizing, and improving technology to improve

border security; and

(C) facilitating the flow of commerce and persons at ports of

entry, including improving and expanding programs for

preenrollment and preclearance.

(2) Waiver of fees

Federal agencies involved in border security may waive all or

part of enrollment fees for technology-based programs to

encourage participation by United States citizens and aliens in

such programs. Any agency that waives any part of any such fee

may establish its fees for other services at a level that will

ensure the recovery from other users of the amounts waived.

(3) Offset of increases in fees

The Attorney General may, to the extent reasonable, increase

land border fees for the issuance of arrival-departure documents

to offset technology costs.

(b) Improvement and expansion of INS, State Department, and customs

facilities

There are authorized to be appropriated to the Immigration and

Naturalization Service and the Department of State such sums as may

be necessary to improve and expand facilities for use by the

personnel of those agencies.

-SOURCE-

(Pub. L. 107-173, title I, Sec. 102, May 14, 2002, 116 Stat. 546.)

-TRANS-

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.

-CITE-

8 USC Sec. 1713 01/06/03

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TITLE 8 - ALIENS AND NATIONALITY

CHAPTER 15 - ENHANCED BORDER SECURITY AND VISA ENTRY REFORM

SUBCHAPTER I - FUNDING

-HEAD-

Sec. 1713. Machine-readable visa fees

-STATUTE-

(a) Omitted

(b) Fee amount

The machine-readable visa fee charged by the Department of State

shall be the higher of $65 or the cost of the machine-readable visa

service, as determined by the Secretary of State after conducting a

study of the cost of such service.

(c) Surcharge

The Department of State is authorized to charge a surcharge of

$10, in addition to the machine-readable visa fee, for issuing a

machine-readable visa in a nonmachine-readable passport.

(d) Availability of collected fees

Notwithstanding any other provision of law, amounts collected as

fees described in this section shall be credited as an offsetting

collection to any appropriation for the Department of State to

recover costs of providing consular services. Amounts so credited

shall be available, until expended, for the same purposes as the

appropriation to which credited.

-SOURCE-

(Pub. L. 107-173, title I, Sec. 103, May 14, 2002, 116 Stat. 547.)

-COD-

CODIFICATION

Section is comprised of section 103 of Pub. L. 107-173. Subsec.

(a) of section 103 of Pub. L. 107-173 amended provisions set out as

a note under section 1351 of this title.

-CITE-

8 USC SUBCHAPTER II - INTERAGENCY INFORMATION SHARING 01/06/03

-EXPCITE-

TITLE 8 - ALIENS AND NATIONALITY

CHAPTER 15 - ENHANCED BORDER SECURITY AND VISA ENTRY REFORM

SUBCHAPTER II - INTERAGENCY INFORMATION SHARING

.

-HEAD-

SUBCHAPTER II - INTERAGENCY INFORMATION SHARING

-CITE-

8 USC Sec. 1721 01/06/03

-EXPCITE-

TITLE 8 - ALIENS AND NATIONALITY

CHAPTER 15 - ENHANCED BORDER SECURITY AND VISA ENTRY REFORM

SUBCHAPTER II - INTERAGENCY INFORMATION SHARING

-HEAD-

Sec. 1721. Interim measures for access to and coordination of law

enforcement and other information

-STATUTE-

(a) Interim directive

Until the plan required by subsection (c) of this section is

implemented, Federal law enforcement agencies and the intelligence

community shall, to the maximum extent practicable, share any

information with the Department of State and the Immigration and

Naturalization Service relevant to the admissibility and

deportability of aliens, consistent with the plan described in

subsection (c) of this section.

(b) Report identifying law enforcement and intelligence information

(1) In general

Not later than 120 days after May 14, 2002, the President shall

submit to the appropriate committees of Congress a report

identifying Federal law enforcement and the intelligence

community information needed by the Department of State to screen

visa applicants, or by the Immigration and Naturalization Service

to screen applicants for admission to the United States, and to

identify those aliens inadmissible or deportable under the

Immigration and Nationality Act (8 U.S.C. 1101 et seq.).

(2) Omitted

(c) Coordination plan

(1) Requirement for plan

Not later than one year after October 26, 2001, the President

shall develop and implement a plan based on the findings of the

report under subsection (b) of this section that requires Federal

law enforcement agencies and the intelligence community to

provide to the Department of State and the Immigration and

Naturalization Service all information identified in that report

as expeditiously as practicable.

(2) Consultation requirement

In the preparation and implementation of the plan under this

subsection, the President shall consult with the appropriate

committees of Congress.

(3) Protections regarding information and uses thereof

The plan under this subsection shall establish conditions for

using the information described in subsection (b) of this section

received by the Department of State and Immigration and

Naturalization Service -

(A) to limit the redissemination of such information;

(B) to ensure that such information is used solely to

determine whether to issue a visa to an alien or to determine

the admissibility or deportability of an alien to the United

States, except as otherwise authorized under Federal law;

(C) to ensure the accuracy, security, and confidentiality of

such information;

(D) to protect any privacy rights of individuals who are

subjects of such information;

(E) to provide data integrity through the timely removal and

destruction of obsolete or erroneous names and information; and

(F) in a manner that protects the sources and methods used to

acquire intelligence information as required by section

403-3(c)(6) of title 50.

(4) Criminal penalties for misuse of information

Any person who obtains information under this subsection

without authorization or exceeding authorized access (as defined

in section 1030(e) of title 18), and who uses such information in

the manner described in any of the paragraphs (1) through (7) of

section 1030(a) of such title, or attempts to use such

information in such manner, shall be subject to the same

penalties as are applicable under section 1030(c) of such title

for violation of that paragraph.

-SOURCE-

(Pub. L. 107-173, title II, Sec. 201, May 14, 2002, 116 Stat. 547.)

-REFTEXT-

REFERENCES IN TEXT

The Immigration and Nationality Act, referred to in subsec.

(b)(1), is act June 27, 1952, ch. 477, 66 Stat. 163, as amended,

which is classified principally to chapter 12 (Sec. 1101 et seq.)

of this title. For complete classification of this Act to the

Code, see Short Title note set out under section 1101 of this title

and Tables.

-COD-

CODIFICATION

Section is comprised of section 201 of Pub. L. 107-173. Subsec.

(b)(2) of section 201 of Pub. L. 107-173 amended provisions set out

as a note under section 1365a of this title. Subsec. (c)(5) of

section 201 of Pub. L. 107-173 amended section 1379 of this title.

-TRANS-

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.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 1722, 1723 of this title.

-CITE-

8 USC Sec. 1722 01/06/03

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TITLE 8 - ALIENS AND NATIONALITY

CHAPTER 15 - ENHANCED BORDER SECURITY AND VISA ENTRY REFORM

SUBCHAPTER II - INTERAGENCY INFORMATION SHARING

-HEAD-

Sec. 1722. Interoperable law enforcement and intelligence data

system with name-matching capacity and training

-STATUTE-

(a) Interoperable law enforcement and intelligence electronic data

system

(1) Requirement for integrated immigration and naturalization

data system

The Immigration and Naturalization Service shall fully

integrate all databases and data systems maintained by the

Service that process or contain information on aliens. The fully

integrated data system shall be an interoperable component of the

electronic data system described in paragraph (2).

(2) Requirement for interoperable data system

Upon the date of commencement of implementation of the plan

required by section 1721(c) of this title, the President shall

develop and implement an interoperable electronic data system to

provide current and immediate access to information in databases

of Federal law enforcement agencies and the intelligence

community that is relevant to determine whether to issue a visa

or to determine the admissibility or deportability of an alien

(also known as the ''Chimera system'').

(3) Consultation requirement

In the development and implementation of the data system under

this subsection, the President shall consult with the Director of

the National Institute of Standards and Technology (NIST) and any

such other agency as may be deemed appropriate.

(4) Technology standard

(A) In general

The data system developed and implemented under this

subsection, and the databases referred to in paragraph (2),

shall utilize the technology standard established pursuant to

section 1379 of this title.

(B) Omitted

(5) Access to information in data system

Subject to paragraph (6), information in the data system under

this subsection shall be readily and easily accessible -

(A) to any consular officer responsible for the issuance of

visas;

(B) to any Federal official responsible for determining an

alien's admissibility to or deportability from the United

States; and

(C) to any Federal law enforcement or intelligence officer

determined by regulation to be responsible for the

investigation or identification of aliens.

(6) Limitation on access

The President shall, in accordance with applicable 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 officials under paragraph (5).

(b) Name-search capacity and support

(1) In general

The interoperable electronic data system required by subsection

(a) of this section shall -

(A) have the capacity to compensate for disparate name

formats among the different databases referred to in subsection

(a) of this section;

(B) be searchable on a linguistically sensitive basis;

(C) provide adequate user support;

(D) to the extent practicable, utilize commercially available

technology; and

(E) be adjusted and improved, based upon experience with the

databases and improvements 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 formats and

transliterations, including varied spellings and varied

separation or combination of name elements, within a

particular language; and

(ii) incorporate advanced linguistic, mathematical,

statistical, and anthropological 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

priorities by the Secretary of State, after consultation with

the Attorney General and the Director of Central

Intelligence.

(ii) Implementation schedule

Of the 4 linguistically sensitive algorithms required to be

developed and implemented under clause (i) -

(I) the highest priority language algorithms 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 admission to the United States that may

be subject 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 committees of Congress on the progress

in implementing 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).

(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 section 309(b)

of the Intelligence Authorization Act for Fiscal Year 1998 (50

U.S.C. 403-3 note).

(6) Authorization of appropriations

There are authorized to be appropriated such sums as are

necessary to carry out the provisions of this subsection.

-SOURCE-

(Pub. L. 107-173, title II, Sec. 202, May 14, 2002, 116 Stat. 548.)

-REFTEXT-

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, which is set out as a note under section 403-3 of Title

50, War and National Defense.

-COD-

CODIFICATION

Section is comprised of section 202 of Pub. L. 107-173. Subsec.

(a)(4)(B) of section 202 of Pub. L. 107-173 amended section 1379 of

this title.

-TRANS-

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.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 1701, 1723, 1724, 1737,

1772 of this title; title 6 section 237.

-CITE-

8 USC Sec. 1723 01/06/03

-EXPCITE-

TITLE 8 - ALIENS AND NATIONALITY

CHAPTER 15 - ENHANCED BORDER SECURITY AND VISA ENTRY REFORM

SUBCHAPTER II - INTERAGENCY INFORMATION SHARING

-HEAD-

Sec. 1723. Commission on Interoperable Data Sharing

-STATUTE-

(a) Establishment

Not later than one year after October 26, 2001, the President

shall establish a Commission on Interoperable Data Sharing (in this

section referred to as the ''Commission''). The purposes of the

Commission shall be to -

(1) monitor the protections described in section 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 Commission's findings

and recommendations.

(b) Composition

The Commission shall consist of nine members, 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

Representatives, the Majority Leader of the Senate, and the

Minority Leader of the Senate.

(c) Considerations

The Commission shall consider recommendations regarding the

following issues:

(1) Adequate protection of privacy concerns inherent in the

design, implementation, or operation of the interoperable

electronic data system.

(2) Timely adoption of security innovations, consistent with

generally accepted security standards, to protect the integrity

and confidentiality of information to prevent the risks of

accidental or unauthorized loss, access, destruction, use

modification, or disclosure of information.

(3) The adequacy of mechanisms to permit the timely correction

of errors in data maintained 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

maintained by the system, including recommendations 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.

-SOURCE-

(Pub. L. 107-173, title II, Sec. 203, May 14, 2002, 116 Stat. 551.)

-CITE-

8 USC Sec. 1724 01/06/03

-EXPCITE-

TITLE 8 - ALIENS AND NATIONALITY

CHAPTER 15 - ENHANCED BORDER SECURITY AND VISA ENTRY REFORM

SUBCHAPTER II - INTERAGENCY INFORMATION SHARING

-HEAD-

Sec. 1724. Personnel management authorities for positions involved

in the development and implementation of the interoperable

electronic data system (''Chimera system'')

-STATUTE-

(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 scientific,

technical, engineering, and other analytical personnel for the

purpose of the development and implementation of the interoperable

electronic data system described in section 1722(a)(2) of this

title (also known as the ''Chimera system'').

(b) Limitation on rate of pay

Except as otherwise provided by law, no employee compensated

under subsection (a) of this section 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 system established under

this section shall be subject 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 Committee on Appropriations, the Committee on

the Judiciary, the Select Committee on Intelligence, and the

Committee on Foreign Relations of the Senate and the Committee on

Appropriations, the Committee on the Judiciary, the Permanent

Select Committee on Intelligence, and the Committee on

International Relations of the House of Representatives an

operating plan -

(1) describing the Attorney General's intended 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 system.

-SOURCE-

(Pub. L. 107-173, title II, Sec. 204, May 14, 2002, 116 Stat. 551.)

-REFTEXT-

REFERENCES IN TEXT

Level III of the Executive Schedule, referred to in subsec. (b),

is set out in section 5314 of Title 5, Government Organization and

Employees.

-CITE-

8 USC SUBCHAPTER III - VISA ISSUANCE 01/06/03

-EXPCITE-

TITLE 8 - ALIENS AND NATIONALITY

CHAPTER 15 - ENHANCED BORDER SECURITY AND VISA ENTRY REFORM

SUBCHAPTER III - VISA ISSUANCE

.

-HEAD-

SUBCHAPTER III - VISA ISSUANCE

-CITE-

8 USC Sec. 1731 01/06/03

-EXPCITE-

TITLE 8 - ALIENS AND NATIONALITY

CHAPTER 15 - ENHANCED BORDER SECURITY AND VISA ENTRY REFORM

SUBCHAPTER III - VISA ISSUANCE

-HEAD-

Sec. 1731. Implementation of an integrated entry and exit data

system

-STATUTE-

(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 arrival and departure

data from machine-readable visas, passports, and other travel and

entry documents possessed by aliens; and

(3) make interoperable all security databases relevant to

making determinations of admissibility under section 1182 of this

title.

(b) Implementation

In implementing the provisions of subsection (a) of this section,

the Immigration and Naturalization Service and the Department of

State shall -

(1) utilize technologies that facilitate the lawful and

efficient cross-border movement of commerce and persons without

compromising the safety and security of the United States; and

(2) consider implementing the North American National Security

Program described in section 1751 of this title.

-SOURCE-

(Pub. L. 107-173, title III, Sec. 302, May 14, 2002, 116 Stat.

552.)

-REFTEXT-

REFERENCES IN TEXT

Immigration and Naturalization Service Data Management

Improvement Act of 2000, referred to in subsec. (a), is Pub. L.

106-215, June 15, 2000, 114 Stat. 337, as amended. For complete

classification of this Act to the Code, see Short Title of 2000

Amendment note set out under section 1101 of this title and Tables.

-TRANS-

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.

-CITE-

8 USC Sec. 1732 01/06/03

-EXPCITE-

TITLE 8 - ALIENS AND NATIONALITY

CHAPTER 15 - ENHANCED BORDER SECURITY AND VISA ENTRY REFORM

SUBCHAPTER III - VISA ISSUANCE

-HEAD-

Sec. 1732. Machine-readable, tamper-resistant entry and exit

documents

-STATUTE-

(a) Report

(1) In general

Not later than 180 days after May 14, 2002, the Attorney

General, the Secretary of State, and the National Institute of

Standards and Technology (NIST), acting jointly, shall submit to

the appropriate committees of Congress a comprehensive report

assessing the actions that will be necessary, and the

considerations to be taken into account, to achieve fully, not

later than October 26, 2004 -

(A) implementation of the requirements of subsections (b) and

(c) of this section; and

(B) deployment of the equipment and software to allow

biometric comparison and authentication of the documents

described in subsections (b) and (c) of this section.

(2) Estimates

In addition to the assessment required by paragraph (1), the

report required by that paragraph shall include an estimate of

the costs to be incurred, and the personnel, man-hours, and other

support required, by the Department of Justice, the Department of

State, and NIST to achieve the objectives of subparagraphs (A)

and (B) of paragraph (1).

(b) Requirements

(1) In general

Not later than October 26, 2004, the Attorney General and the

Secretary of State shall issue to aliens only machine-readable,

tamper-resistant visas and other travel and entry documents that

use biometric identifiers. The Attorney General and the

Secretary of State shall jointly establish document

authentication standards and biometric identifiers standards to

be employed on such visas and other travel and entry documents

from among those biometric identifiers recognized by domestic and

international standards organizations.

(2) Readers and scanners at ports of entry

(A) In general

Not later than October 26, 2004, the Attorney General, in

consultation with the Secretary of State, shall install at all

ports of entry of the United States equipment and software to

allow biometric comparison and authentication of all United

States visas and other travel and entry documents issued to

aliens, and passports issued pursuant to subsection (c)(1) of

this section.

(B) Use of readers and scanners

The Attorney General, in consultation with the Secretary of

State, shall utilize biometric data readers and scanners that -

(i) domestic and international standards organizations

determine to be highly accurate when used to verify identity;

(ii) can read the biometric identifiers utilized under

subsections (b)(1) and (c)(1) of this section; and

(iii) can authenticate the document presented to verify

identity.

(3) Use of technology standard

The systems employed to implement paragraphs (1) and (2) shall

utilize the technology standard established pursuant to section

1379 of this title.

(c) Technology standard for visa waiver participants

(1) Certification requirement

Not later than October 26, 2004, the government of each country

that is designated to participate in the visa waiver program

established under section 1187 of this title shall certify, as a

condition for designation or continuation of that designation,

that it has a program to issue to its nationals machine-readable

passports that are tamper-resistant and incorporate biometric and

document authentication identifiers that comply with applicable

biometric and document identifying standards established by the

International Civil Aviation Organization. This paragraph shall

not be construed to rescind the requirement of section 1187(a)(3)

of this title.

(2) Use of technology standard

On and after October 26, 2004, any alien applying for admission

under the visa waiver program under section 1187 of this title

shall present a passport that meets the requirements of paragraph

(1) unless the alien's passport was issued prior to that date.

(d) Authorization of appropriations

There are authorized to be appropriated such sums as may be

necessary to carry out this section, including reimbursement to

international and domestic standards organizations.

-SOURCE-

(Pub. L. 107-173, title III, Sec. 303, May 14, 2002, 116 Stat.

553.)

-TRANS-

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.

-CITE-

8 USC Sec. 1733 01/06/03

-EXPCITE-

TITLE 8 - ALIENS AND NATIONALITY

CHAPTER 15 - ENHANCED BORDER SECURITY AND VISA ENTRY REFORM

SUBCHAPTER III - VISA ISSUANCE

-HEAD-

Sec. 1733. Terrorist lookout committees

-STATUTE-

(a) Establishment

The Secretary of State shall require a terrorist lookout

committee to be maintained within each United States mission to a

foreign country.

(b) Purpose

The purpose of each committee established under subsection (a) of

this section shall be -

(1) to utilize the cooperative resources of all elements of the

United States mission in the country in which the consular post

is located to identify known or potential terrorists and to

develop information on those individuals;

(2) to ensure that such information is routinely and

consistently brought to the attention of appropriate United

States officials for use in administering the immigration laws of

the United States; and

(3) to ensure that the names of known and suspected terrorists

are entered into the appropriate lookout databases.

(c) Composition; chair

The Secretary shall establish rules governing the composition of

such committees.

(d) Meetings

Each committee established under subsection (a) of this section

shall meet at least monthly to share information pertaining to the

committee's purpose as described in subsection (b)(2) of this

section.

(e) Periodic reports to the Secretary of State

Each committee established under subsection (a) of this section

shall submit monthly reports to the Secretary of State describing

the committee's activities, whether or not information on known or

suspected terrorists was developed during the month.

(f) Reports to Congress

The Secretary of State shall submit a report on a quarterly basis

to the appropriate committees of Congress on the status of the

committees established under subsection (a) of this section.

(g) Authorization of appropriations

There are authorized to be appropriated such sums as may be

necessary to implement this section.

-SOURCE-

(Pub. L. 107-173, title III, Sec. 304, May 14, 2002, 116 Stat.

554.)

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in title 6 section 236.

-CITE-

8 USC Sec. 1734 01/06/03

-EXPCITE-

TITLE 8 - ALIENS AND NATIONALITY

CHAPTER 15 - ENHANCED BORDER SECURITY AND VISA ENTRY REFORM

SUBCHAPTER III - VISA ISSUANCE

-HEAD-

Sec. 1734. Improved training for consular officers

-STATUTE-

(a) Training

The Secretary of State shall require that all consular officers

responsible for adjudicating visa applications, before undertaking

to perform consular responsibilities, receive specialized training

in the effective screening of visa applicants who pose a potential

threat to the safety or security of the United States. Such

officers shall be specially and extensively trained in the

identification of aliens inadmissible under section 1182(a)(3)(A)

and (B) of this title, interagency and international intelligence

sharing regarding terrorists and terrorism, and

cultural-sensitivity toward visa applicants.

(b) Use of foreign intelligence information

As an ongoing component of the training required in subsection

(a) of this section, the Secretary of State shall coordinate with

the Assistant to the President for Homeland Security, Federal law

enforcement agencies, and the intelligence community to compile and

disseminate to the Bureau of Consular Affairs reports, bulletins,

updates, and other current unclassified information relevant to

terrorists and terrorism and to screening visa applicants who pose

a potential threat to the safety or security of the United States.

(c) Authorization of appropriations

There are authorized to be appropriated such sums as may be

necessary to implement this section.

-SOURCE-

(Pub. L. 107-173, title III, Sec. 305, May 14, 2002, 116 Stat.

555.)

-CITE-

8 USC Sec. 1735 01/06/03

-EXPCITE-

TITLE 8 - ALIENS AND NATIONALITY

CHAPTER 15 - ENHANCED BORDER SECURITY AND VISA ENTRY REFORM

SUBCHAPTER III - VISA ISSUANCE

-HEAD-

Sec. 1735. Restriction on issuance of visas to nonimmigrants from

countries that are state sponsors of international terrorism

-STATUTE-

(a) In general

No nonimmigrant visa under section 1101(a)(15) of this title

shall be issued to any alien from a country that is a state sponsor

of international terrorism unless the Secretary of State

determines, in consultation with the Attorney General and the heads

of other appropriate United States agencies, that such alien does

not pose a threat to the safety or national security of the United

States. In making a determination under this subsection, the

Secretary of State shall apply standards developed by the Secretary

of State, in consultation with the Attorney General and the heads

of other appropriate United States agencies, that are applicable to

the nationals of such states.

(b) State sponsor of international terrorism defined

(1) In general

In this section, the term ''state sponsor of international

terrorism'' means any country the government of which has been

determined by the Secretary of State under any of the laws

specified in paragraph (2) to have repeatedly provided support

for acts of international terrorism.

(2) Laws under which determinations were made

The laws specified in this paragraph are the following:

(A) Section 2405(j)(1)(A) of title 50, Appendix (or successor

statute).

(B) Section 2780(d) of title 22.

(C) Section 2371(a) of title 22.

-SOURCE-

(Pub. L. 107-173, title III, Sec. 306, May 14, 2002, 116 Stat.

555.)

-TRANS-

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.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in title 15 section 7410.

-CITE-

8 USC Sec. 1736 01/06/03

-EXPCITE-

TITLE 8 - ALIENS AND NATIONALITY

CHAPTER 15 - ENHANCED BORDER SECURITY AND VISA ENTRY REFORM

SUBCHAPTER III - VISA ISSUANCE

-HEAD-

Sec. 1736. Check of lookout databases

-STATUTE-

Prior to the admission of an alien under the visa waiver program

established under section 1187 of this title, the Immigration and

Naturalization Service shall determine that the applicant for

admission does not appear in any of the appropriate lookout

databases available to immigration inspectors at the time the alien

seeks admission to the United States.

-SOURCE-

(Pub. L. 107-173, title III, Sec. 307(b), May 14, 2002, 116 Stat.

556.)

-TRANS-

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.

-CITE-

8 USC Sec. 1737 01/06/03

-EXPCITE-

TITLE 8 - ALIENS AND NATIONALITY

CHAPTER 15 - ENHANCED BORDER SECURITY AND VISA ENTRY REFORM

SUBCHAPTER III - VISA ISSUANCE

-HEAD-

Sec. 1737. Tracking system for stolen passports

-STATUTE-

(a) Entering stolen passport identification numbers in the

interoperable data system

(1) In general

Beginning with implementation under section 1722 of this title

of the law enforcement and intelligence data system, not later

than 72 hours after receiving notification of the loss or theft

of a United States or foreign passport, the Attorney General and

the Secretary of State, as appropriate, shall enter into such

system the corresponding identification number for the lost or

stolen passport.

(2) Entry of information on previously lost or stolen passports

To the extent practicable, the Attorney General, in

consultation with the Secretary of State, shall enter into such

system the corresponding identification numbers for the United

States and foreign passports lost or stolen prior to the

implementation of such system.

(b) Transition period

Until such time as the law enforcement and intelligence data

system described in section 1722 of this title is fully

implemented, the Attorney General shall enter the data described in

subsection (a) of this section into an existing data system being

used to determine the admissibility or deportability of aliens.

-SOURCE-

(Pub. L. 107-173, title III, Sec. 308, May 14, 2002, 116 Stat.

556.)

-TRANS-

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.

-CITE-

8 USC Sec. 1738 01/06/03

-EXPCITE-

TITLE 8 - ALIENS AND NATIONALITY

CHAPTER 15 - ENHANCED BORDER SECURITY AND VISA ENTRY REFORM

SUBCHAPTER III - VISA ISSUANCE

-HEAD-

Sec. 1738. Identification documents for certain newly admitted

aliens

-STATUTE-

Not later than 180 days after May 14, 2002, the Attorney General

shall ensure that, immediately upon the arrival in the United

States of an individual admitted under section 1157 of this title,

or immediately upon an alien being granted asylum under section

1158 of this title, the alien will be issued an employment

authorization document. Such document shall, at a minimum, contain

the fingerprint and photograph of such alien.

-SOURCE-

(Pub. L. 107-173, title III, Sec. 309, May 14, 2002, 116 Stat.

556.)

-TRANS-

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.

-CITE-

8 USC SUBCHAPTER IV - INSPECTION AND ADMISSION OF ALIENS 01/06/03

-EXPCITE-

TITLE 8 - ALIENS AND NATIONALITY

CHAPTER 15 - ENHANCED BORDER SECURITY AND VISA ENTRY REFORM

SUBCHAPTER IV - INSPECTION AND ADMISSION OF ALIENS

.

-HEAD-

SUBCHAPTER IV - INSPECTION AND ADMISSION OF ALIENS

-CITE-

8 USC Sec. 1751 01/06/03

-EXPCITE-

TITLE 8 - ALIENS AND NATIONALITY

CHAPTER 15 - ENHANCED BORDER SECURITY AND VISA ENTRY REFORM

SUBCHAPTER IV - INSPECTION AND ADMISSION OF ALIENS

-HEAD-

Sec. 1751. Study of the feasibility of a North American National

Security Program

-STATUTE-

(a) In general

The President shall conduct a study of the feasibility of

establishing a North American National Security Program to enhance

the mutual security and safety of the United States, Canada, and

Mexico.

(b) Study elements

In conducting the study required by subsection (a) of this

section, the President shall consider the following:

(1) Preclearance

The feasibility of establishing a program enabling foreign

national travelers to the United States to submit voluntarily to

a preclearance procedure established by the Department of State

and the Immigration and Naturalization Service to determine

whether such travelers are admissible to the United States under

section 1182 of this title. Consideration shall be given to the

feasibility of expanding the preclearance program to include the

preclearance both of foreign nationals traveling to Canada and

foreign nationals traveling to Mexico.

(2) Preinspection

The feasibility of expanding preinspection facilities at

foreign airports as described in section 1225a of this title.

Consideration shall be given to the feasibility of expanding

preinspections to foreign nationals on air flights destined for

Canada and Mexico, and the cross training and funding of

inspectors from Canada and Mexico.

(3) Conditions

A determination of the measures necessary to ensure that the

conditions required by section 1225a(a)(5) of this title are

satisfied, including consultation with experts recognized for

their expertise regarding the conditions required by that

section.

(c) Report

Not later than 1 year after May 14, 2002, the President shall

submit to the appropriate committees of Congress a report setting

forth the findings of the study conducted under subsection (a) of

this section.

(d) Authorization of appropriations

There are authorized to be appropriated such sums as may be

necessary to carry out this section.

-SOURCE-

(Pub. L. 107-173, title IV, Sec. 401, May 14, 2002, 116 Stat. 557.)

-TRANS-

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.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 1731 of this title.

-CITE-

8 USC Sec. 1752 01/06/03

-EXPCITE-

TITLE 8 - ALIENS AND NATIONALITY

CHAPTER 15 - ENHANCED BORDER SECURITY AND VISA ENTRY REFORM

SUBCHAPTER IV - INSPECTION AND ADMISSION OF ALIENS

-HEAD-

Sec. 1752. Staffing levels at ports of entry

-STATUTE-

The Immigration and Naturalization Service shall staff ports of

entry at such levels that would be adequate to meet traffic flow

and inspection time objectives efficiently without compromising the

safety and security of the United States. Estimated staffing levels

under workforce models for the Immigration and Naturalization

Service shall be based on the goal of providing immigration

services described in section 1356(g) of this title within 45

minutes of a passenger's presentation for inspection.

-SOURCE-

(Pub. L. 107-173, title IV, Sec. 403(b), May 14, 2002, 116 Stat.

559.)

-TRANS-

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.

-CITE-

8 USC Sec. 1753 01/06/03

-EXPCITE-

TITLE 8 - ALIENS AND NATIONALITY

CHAPTER 15 - ENHANCED BORDER SECURITY AND VISA ENTRY REFORM

SUBCHAPTER IV - INSPECTION AND ADMISSION OF ALIENS

-HEAD-

Sec. 1753. Joint United States-Canada projects for alternative

inspections services

-STATUTE-

(a) In general

United States border inspections agencies, including the

Immigration and Naturalization Service, acting jointly and under an

agreement of cooperation with the Government of Canada, may conduct

joint United States-Canada inspections projects on the

international border between the two countries. Each such project

may provide alternative inspections services and shall undertake to

harmonize the criteria for inspections applied by the two countries

in implementing those projects.

(b) Annual report

The Attorney General and the Secretary of the Treasury shall

prepare and submit annually to Congress a report on the joint

United States-Canada inspections projects conducted under

subsection (a) of this section.

(c) Exemption from Administrative Procedure Act and Paperwork

Reduction Act

Subchapter II of chapter 5 of title 5 (commonly referred to as

the ''Administrative Procedure Act'') and chapter 35 of title 44

(commonly referred to as the ''Paperwork Reduction Act'') shall not

apply to fee setting for services and other administrative

requirements relating to projects described in subsection (a) of

this section, except that fees and forms established for such

projects shall be published as a notice in the Federal Register.

-SOURCE-

(Pub. L. 107-173, title IV, Sec. 404, May 14, 2002, 116 Stat. 560.)

-TRANS-

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.

-CITE-

8 USC SUBCHAPTER V - FOREIGN STUDENTS AND EXCHANGE

VISITORS 01/06/03

-EXPCITE-

TITLE 8 - ALIENS AND NATIONALITY

CHAPTER 15 - ENHANCED BORDER SECURITY AND VISA ENTRY REFORM

SUBCHAPTER V - FOREIGN STUDENTS AND EXCHANGE VISITORS

.

-HEAD-

SUBCHAPTER V - FOREIGN STUDENTS AND EXCHANGE VISITORS

-CITE-

8 USC Sec. 1761 01/06/03

-EXPCITE-

TITLE 8 - ALIENS AND NATIONALITY

CHAPTER 15 - ENHANCED BORDER SECURITY AND VISA ENTRY REFORM

SUBCHAPTER V - FOREIGN STUDENTS AND EXCHANGE VISITORS

-HEAD-

Sec. 1761. Foreign student monitoring program

-STATUTE-

(a) Omitted

(b) Information required of the visa applicant

Prior to the issuance of a visa under subparagraph (F),

subparagraph (M), or, with respect to an alien seeking to attend an

approved institution of higher education, subparagraph (J) of

section 1101(a)(15) of this title, each alien applying for such

visa shall provide to a consular officer the following information:

(1) The alien's address in the country of origin.

(2) The names and addresses of the alien's spouse, children,

parents, and siblings.

(3) The names of contacts of the alien in the alien's country

of residence who could verify information about the alien.

(4) Previous work history, if any, including the names and

addresses of employers.

(c) Transitional program

(1) In general

Not later than 120 days after May 14, 2002, and until such time

as the system described in section 1372 of this title is fully

implemented, the following requirements shall apply:

(A) Restrictions on issuance of visas

A visa may not be issued to an alien under subparagraph (F),

subparagraph (M), or, with respect to an alien seeking to

attend an approved institution of higher education,

subparagraph (J) of section 1101(a)(15) of this title, unless -

(i) the Department of State has received from an approved

institution of higher education or other approved educational

institution electronic evidence of documentation of the

alien's acceptance at that institution; and

(ii) the consular officer has adequately reviewed the

applicant's visa record.

(B) Notification upon visa issuance

Upon the issuance of a visa under section 1101(a)(15)(F) or

(M) of this title to an alien, the Secretary of State shall

transmit to the Immigration and Naturalization Service a

notification of the issuance of that visa.

(C) Notification upon admission of alien

The Immigration and Naturalization Service shall notify the

approved institution of higher education or other approved

educational institution that an alien accepted for such

institution or program has been admitted to the United States.

(D) Notification of failure of enrollment

Not later than 30 days after the deadline for registering for

classes for an academic term, the approved institution of

higher education or other approved educational institution

shall inform the Immigration and Naturalization Service through

data-sharing arrangements of any failure of any alien described

in subparagraph (C) to enroll or to commence participation.

(2) Requirement to submit list of approved institutions

Not later than 30 days after May 14, 2002, the Attorney General

shall provide the Secretary of State with a list of all approved

institutions of higher education and other approved educational

institutions that are authorized to receive nonimmigrants under

section 1101(a)(15)(F) or (M) of this title.

(3) Authorization of appropriations

There are authorized to be appropriated such sums as may be

necessary to carry out this subsection.

-SOURCE-

(Pub. L. 107-173, title V, Sec. 501, May 14, 2002, 116 Stat. 560.)

-COD-

CODIFICATION

Section is comprised of section 501 of Pub. L. 107-173. Subsec.

(a) of section 501 of Pub. L. 107-173 amended section 1372 of this

title.

-TRANS-

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.

-CITE-

8 USC Sec. 1762 01/06/03

-EXPCITE-

TITLE 8 - ALIENS AND NATIONALITY

CHAPTER 15 - ENHANCED BORDER SECURITY AND VISA ENTRY REFORM

SUBCHAPTER V - FOREIGN STUDENTS AND EXCHANGE VISITORS

-HEAD-

Sec. 1762. Review of institutions and other entities authorized to

enroll or sponsor certain nonimmigrants

-STATUTE-

(a) Periodic review of compliance

Not later than two years after May 14, 2002, and every two years

thereafter, the Commissioner of Immigration and Naturalization, in

consultation with the Secretary of Education, shall conduct a

review of the institutions certified to receive nonimmigrants under

section 1101(a)(15)(F), (M), or (J) of this title. Each review

shall determine whether the institutions are in compliance with -

(1) recordkeeping and reporting requirements to receive

nonimmigrants under section 1101(a)(15)(F), (M), or (J) of this

title; and

(2) recordkeeping and reporting requirements under section 1372

of this title.

(b) Periodic review of sponsors of exchange visitors

(1) Requirement for reviews

Not later than two years after May 14, 2002, and every two

years thereafter, the Secretary of State shall conduct a review

of the entities designated to sponsor exchange visitor program

participants under section 1101(a)(15)(J) of this title.

(2) Determinations

On the basis of reviews of entities under paragraph (1), the

Secretary shall determine whether the entities are in compliance

with -

(A) recordkeeping and reporting requirements to receive

nonimmigrant exchange visitor program participants under

section 1101(a)(15)(J) of this title; and

(B) recordkeeping and reporting requirements under section

1372 of this title.

(c) Effect of material failure to comply

Material failure of an institution or other entity to comply with

the recordkeeping and reporting requirements to receive

nonimmigrant students or exchange visitor program participants

under section 1101(a)(15)(F), (M), or (J) of this title, or section

1372 of this title, shall result in the suspension for at least one

year or termination, at the election of the Commissioner of

Immigration and Naturalization, of the institution's approval to

receive such students, or result in the suspension for at least one

year or termination, at the election of the Secretary of State, of

the other entity's designation to sponsor exchange visitor program

participants, as the case may be.

-SOURCE-

(Pub. L. 107-173, title V, Sec. 502, May 14, 2002, 116 Stat. 563.)

-TRANS-

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.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in title 15 section 7410.

-CITE-

8 USC SUBCHAPTER VI - MISCELLANEOUS PROVISIONS 01/06/03

-EXPCITE-

TITLE 8 - ALIENS AND NATIONALITY

CHAPTER 15 - ENHANCED BORDER SECURITY AND VISA ENTRY REFORM

SUBCHAPTER VI - MISCELLANEOUS PROVISIONS

.

-HEAD-

SUBCHAPTER VI - MISCELLANEOUS PROVISIONS

-CITE-

8 USC Sec. 1771 01/06/03

-EXPCITE-

TITLE 8 - ALIENS AND NATIONALITY

CHAPTER 15 - ENHANCED BORDER SECURITY AND VISA ENTRY REFORM

SUBCHAPTER VI - MISCELLANEOUS PROVISIONS

-HEAD-

Sec. 1771. General Accounting Office study

-STATUTE-

(a) Requirement for study

(1) In general

The Comptroller General of the United States shall conduct a

study to determine the feasibility and utility of implementing a

requirement that each nonimmigrant alien in the United States

submit to the Commissioner of Immigration and Naturalization each

year a current address and, where applicable, the name and

address of an employer.

(2) Nonimmigrant alien defined

In paragraph (1), the term ''nonimmigrant alien'' means an

alien described in section 1101(a)(15) of this title.

(b) Report

Not later than 1 year after May 14, 2002, the Comptroller General

shall submit to Congress a report on the results of the study under

subsection (a) of this section. The report shall include the

Comptroller General's findings, together with any recommendations

that the Comptroller General considers appropriate.

-SOURCE-

(Pub. L. 107-173, title VI, Sec. 602, May 14, 2002, 116 Stat. 564.)

-TRANS-

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.

-CITE-

8 USC Sec. 1772 01/06/03

-EXPCITE-

TITLE 8 - ALIENS AND NATIONALITY

CHAPTER 15 - ENHANCED BORDER SECURITY AND VISA ENTRY REFORM

SUBCHAPTER VI - MISCELLANEOUS PROVISIONS

-HEAD-

Sec. 1772. International cooperation

-STATUTE-

(a) International electronic data system

The Secretary of State and the Commissioner of Immigration and

Naturalization, in consultation with the Assistant to the President

for Homeland Security, shall jointly conduct a study of the

alternative approaches (including the costs of, and procedures

necessary for, each alternative approach) for encouraging or

requiring Canada, Mexico, and countries treated as visa waiver

program countries under section 217 of the Immigration and

Nationality Act (8 U.S.C. 1187) to develop an intergovernmental

network of interoperable electronic data systems that -

(1) facilitates real-time access to that country's law

enforcement and intelligence information that is needed by the

Department of State and the Immigration and Naturalization

Service to screen visa applicants and applicants for admission

into the United States to identify aliens who are inadmissible or

deportable under the Immigration and Nationality Act (8 U.S.C.

1101 et seq.);

(2) is interoperable with the electronic data system

implemented under section 1722 of this title; and

(3) performs in accordance with implementation of the

technology standard referred to in section 1722(a) of this title.

(b) Report

Not later than 1 year after May 14, 2002, the Secretary of State

and the Attorney General shall submit to the appropriate committees

of Congress a report setting forth the findings of the study

conducted under subsection (a) of this section.

-SOURCE-

(Pub. L. 107-173, title VI, Sec. 603, May 14, 2002, 116 Stat. 564.)

-REFTEXT-

REFERENCES IN TEXT

The Immigration and Nationality Act, referred to in subsec.

(a)(1), is act June 27, 1952, ch. 477, 66 Stat. 163, as amended,

which is classified principally to chapter 12 (Sec. 1101 et seq.)

of this title. For complete classification of this Act to the

Code, see Short Title note set out under section 1101 of this title

and Tables.

-TRANS-

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.

-CITE-

8 USC Sec. 1773 01/06/03

-EXPCITE-

TITLE 8 - ALIENS AND NATIONALITY

CHAPTER 15 - ENHANCED BORDER SECURITY AND VISA ENTRY REFORM

SUBCHAPTER VI - MISCELLANEOUS PROVISIONS

-HEAD-

Sec. 1773. Statutory construction

-STATUTE-

Nothing in this chapter shall be construed to impose requirements

that are inconsistent with the North American Free Trade Agreement

or to require additional documents for aliens for whom documentary

requirements are waived under section 1182(d)(4)(B) of this title.

-SOURCE-

(Pub. L. 107-173, title VI, Sec. 604, May 14, 2002, 116 Stat. 565.)

-CITE-

8 USC Sec. 1774 01/06/03

-EXPCITE-

TITLE 8 - ALIENS AND NATIONALITY

CHAPTER 15 - ENHANCED BORDER SECURITY AND VISA ENTRY REFORM

SUBCHAPTER VI - MISCELLANEOUS PROVISIONS

-HEAD-

Sec. 1774. Annual report on aliens who fail to appear after release

on own recognizance

-STATUTE-

(a) Requirement for report

Not later than January 15 of each year, the Attorney General

shall submit to the appropriate committees of Congress a report on

the total number of aliens who, during the preceding year, failed

to attend a removal proceeding after having been arrested outside a

port of entry, served a notice to appear under section 1229(a)(1)

of this title, and released on the alien's own recognizance. The

report shall also take into account the number of cases in which

there were defects in notices of hearing or the service of notices

of hearing, together with a description and analysis of the

effects, if any, that the defects had on the attendance of aliens

at the proceedings.

(b) Initial report

Notwithstanding the time for submission of the annual report

provided in subsection (a) of this section, the report for 2001

shall be submitted not later than 6 months after May 14, 2002.

-SOURCE-

(Pub. L. 107-173, title VI, Sec. 605, May 14, 2002, 116 Stat. 565.)

-TRANS-

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.

-CITE-

8 USC Sec. 1775 01/06/03

-EXPCITE-

TITLE 8 - ALIENS AND NATIONALITY

CHAPTER 15 - ENHANCED BORDER SECURITY AND VISA ENTRY REFORM

SUBCHAPTER VI - MISCELLANEOUS PROVISIONS

-HEAD-

Sec. 1775. Retention of nonimmigrant visa applications by the

Department of State

-STATUTE-

The Department of State shall retain, for a period of seven years

from the date of application, every application for a nonimmigrant

visa under section 101(a)(15) of the Immigration and Nationality

Act (8 U.S.C. 1101(a)(15)) in a form that will be admissible in the

courts of the United States or in administrative proceedings,

including removal proceedings under such Act (8 U.S.C. 1101 et

seq.), without regard to whether the application was approved or

denied.

-SOURCE-

(Pub. L. 107-173, title VI, Sec. 606, May 14, 2002, 116 Stat. 565.)

-REFTEXT-

REFERENCES IN TEXT

The Immigration and Nationality Act, referred to in text, is act

June 27, 1952, ch. 477, 66 Stat. 163, as amended, which is

classified principally to chapter 12 (Sec. 1101 et seq.) of this

title. For complete classification of this Act to the Code, see

Short Title note set out under section 1101 of this title and

Tables.