Legislación
US (United States) Code. Title 8. Chapter 15: Enhanced border security and visa entry reform
-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
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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.
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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
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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'.''
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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.
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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
.
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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.
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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.
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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
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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.
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8 USC SUBCHAPTER II - INTERAGENCY INFORMATION SHARING 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
.
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SUBCHAPTER II - INTERAGENCY INFORMATION SHARING
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8 USC Sec. 1721 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. 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.
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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
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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. 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.
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| Enviado por: | El remitente no desea revelar su nombre |
| Idioma: | inglés |
| País: | Estados Unidos |
Todos los derechos reservados.