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8 U.S.C. § 1365a — Integrated entry and exit data system

Federal law — U.S. Code and appendices · legal_authorities

8 U.S.C. § 1365a — Integrated entry and exit data system

**(a) Requirement** The Attorney General shall implement an integrated entry and exit data system. **(b) Integrated entry and exit data system defined** For purposes of this section, the term “integrated entry and exit data system” means an electronic system that— (1) provides access to, and integrates, alien arrival and departure data that are— (A) authorized or required to be created or collected under law; (B) in an electronic format; and (C) in a data base of the Department of Justice or the Department of State, including those created or used at ports of entry and at consular offices; (2) uses available data described in paragraph (1) to produce a report of arriving and departing aliens by country of nationality, classification as an immigrant or nonimmigrant, and date of arrival in, and departure from, the United States; (3) matches an alien’s available arrival data with the alien’s available departure data; (4) assists the Attorney General (and the Secretary of State, to the extent necessary to carry out such Secretary’s obligations under immigration law) to identify, through on-line searching procedures, lawfully admitted nonimmigrants who may have remained in the United States beyond the period authorized by the Attorney General; and (5) otherwise uses available alien arrival and departure data described in paragraph (1) to permit the Attorney General to make the reports required under subsection (e). **(c) Construction** (1) **No additional authority to impose documentary or data collection requirements** — Nothing in this section shall be construed to permit the Attorney General or the Secretary of State to impose any new documentary or data collection requirements on any person in order to satisfy the requirements of this section, including—

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Stable record: federal_law:legal_authorities:record_usc_471acd4d9593a220ad7b0bf0
Source file: Laws/federal/codes/united-states-code/title-8/section-1365a-integrated-entry-and-exit-data-system--8f9861ada8.md
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Source location: Title 8, Chapter 12, § 1365a; chapter-012-immigration-and-nationality.md

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**(a) Requirement** The Attorney General shall implement an integrated entry and exit data system. **(b) Integrated entry and exit data system defined** For purposes of this section, the term “integrated entry and exit data system” means an electronic system that— (1) provides access to, and integrates, alien arrival and departure data that are— (A) authorized or required to be created or collected under law; (B) in an electronic format; and (C) in a data base of the Department of Justice or the Department of State, including those created or used at ports of entry and at consular offices; (2) uses available data described in paragraph (1) to produce a report of arriving and departing aliens by country of nationality, classification as an immigrant or nonimmigrant, and date of arrival in, and departure from, the United States; (3) matches an alien’s available arrival data with the alien’s available departure data; (4) assists the Attorney General (and the Secretary of State, to the extent necessary to carry out such Secretary’s obligations under immigration law) to identify, through on-line searching procedures, lawfully admitted nonimmigrants who may have remained in the United States beyond the period authorized by the Attorney General; and (5) otherwise uses available alien arrival and departure data described in paragraph (1) to permit the Attorney General to make the reports required under subsection (e). **(c) Construction** (1) **No additional authority to impose documentary or data collection requirements** — Nothing in this section shall be construed to permit the Attorney General or the Secretary of State to impose any new documentary or data collection requirements on any person in order to satisfy the requirements of this section, including— (A) requirements on any alien for whom the documentary requirements in [section 1182(a)(7)(B) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title8-section1182/a/7/B&num=0&edition=prelim) have been waived by the Attorney General and the Secretary of State under [section 1182(d)(4)(B) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title8-section1182/d/4/B&num=0&edition=prelim); or (B) requirements that are inconsistent with the USMCA (as defined in [section 4502 of title 19](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title19-section4502&num=0&edition=prelim)). (2) **No reduction of authority** — Nothing in this section shall be construed to reduce or curtail any authority of the Attorney General or the Secretary of State under any other provision of law. **(d) Deadlines** (1) **Airports and seaports** — Not later than December 31, 2003, the Attorney General shall implement the integrated entry and exit data system using available alien arrival and departure data described in subsection (b)(1) pertaining to aliens arriving in, or departing from, the United States at an airport or seaport. Such implementation shall include ensuring that such data, when collected or created by an immigration officer at an airport or seaport, are entered into the system and can be accessed by immigration officers at other airports and seaports. (2) **High-traffic land border ports of entry** — Not later than December 31, 2004, the Attorney General shall implement the integrated entry and exit data system using the data described in paragraph (1) and available alien arrival and departure data described in subsection (b)(1) pertaining to aliens arriving in, or departing from, the United States at the 50 land border ports of entry determined by the Attorney General to serve the highest numbers of arriving and departing aliens. Such implementation shall include ensuring that such data, when collected or created by an immigration officer at such a port of entry, are entered into the system and can be accessed by immigration officers at airports, seaports, and other such land border ports of entry. (3) **Remaining data** — Not later than December 31, 2005, the Attorney General shall fully implement the integrated entry and exit data system using all data described in subsection (b)(1). Such implementation shall include ensuring that all such data are available to immigration officers at all ports of entry into the United States. **(e) Reports** (1) **In general** — Not later than December 31 of each year following the commencement of implementation of the integrated entry and exit data system, the Attorney General shall use the system to prepare an annual report to the Committees on the Judiciary of the House of Representatives and of the Senate. (2) **Information** — Each report shall include the following information with respect to the preceding fiscal year, and an analysis of that information: (A) The number of aliens for whom departure data was collected during the reporting period, with an accounting by country of nationality of the departing alien. (B) The number of departing aliens whose departure data was successfully matched to the alien’s arrival data, with an accounting by the alien’s country of nationality and by the alien’s classification as an immigrant or nonimmigrant. (C) The number of aliens who arrived pursuant to a nonimmigrant visa, or as a visitor under the visa waiver program under [section 1187 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title8-section1187&num=0&edition=prelim), for whom no matching departure data have been obtained through the system or through other means as of the end of the alien’s authorized period of stay, with an accounting by the alien’s country of nationality and date of arrival in the United States. (D) The number of lawfully admitted nonimmigrants identified as having remained in the United States beyond the period authorized by the Attorney General, with an accounting by the alien’s country of nationality. **(f) Authority to provide access to system** (1) **In general** — Subject to subsection (d), the Attorney General, in consultation with the Secretary of State, shall determine which officers and employees of the Departments of Justice and State may enter data into, and have access to the data contained in, the integrated entry and exit data system. (2) **Other law enforcement officials** — The Attorney General, in the discretion of the Attorney General, may permit other Federal, State, and local law enforcement officials to have access to the data contained in the integrated entry and exit data system for law enforcement purposes. **(g) Use of task force recommendations** The Attorney General shall continuously update and improve the integrated entry and exit data system as technology improves and using the recommendations of the task force established under section 3 of the Immigration and Naturalization Service Data Management Improvement Act of 2000. **(h) Authorization of appropriations** There are authorized to be appropriated to carry out this section such sums as may be necessary for fiscal years 2001 through 2008.

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Federal law — U.S. Code and appendices · legal_authorities

8 U.S.C. § 1184 — Admission of nonimmigrants

**(a) Regulations** (1) The admission to the United States of any alien as a nonimmigrant shall be for such time and under such conditions as the Attorney General may by regulations prescribe, including when he deems necessary the giving of a bond with sufficient surety in such sum and containing such conditions as the Attorney General shall prescribe, to insure that at the expiration of such time or upon failure to maintain the status under which he was admitted, or to maintain any status subsequently acquired under [section 1258 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title8-section1258&num=0&edition=prelim), such alien will depart from the United States. No alien admitted to Guam or the Commonwealth of the Northern Mariana Islands without a visa pursuant to section 1182(l) of this title may be authorized to enter or stay in the United States other than in Guam or the Commonwealth of the Northern Mariana Islands or to remain in Guam or the Commonwealth of the Northern Mariana Islands for a period exceeding 45 days from date of admission to Guam or the Commonwealth of the Northern Mariana Islands. No alien admitted to the United States without a visa pursuant to [section 1187 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title8-section1187&num=0&edition=prelim) may be authorized to remain in the United States as a nonimmigrant visitor for a period exceeding 90 days from the date of admission. (2) (A) The period of authorized status as a nonimmigrant described in [section 1101(a)(15)(O) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title8-section1101/a/15/O&num=0&edition=prelim) shall be for such period as the Attorney General may specify in order to provide for the even

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Federal law — U.S. Code and appendices · legal_authorities

5 U.S.C. § 5316 — Positions at level V

Level V of the Executive Schedule applies to the following positions, for which the annual rate of basic pay shall be the rate determined with respect to such level under chapter 11 of title 2, as adjusted by [section 5318 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title5-section5318&num=0&edition=prelim):

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Federal law — U.S. Code and appendices · legal_authorities

8 U.S.C. § 1551 — Immigration and Naturalization Service

There is created and established in the Department of Justice an Immigration and Naturalization Service.

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Federal law — U.S. Code and appendices · legal_authorities

19 U.S.C. § 4502 — Detail of personnel to Office of the United States Trade Representative

**(a) In general** Upon the request of the Trade Representative, the Administrator of the Environmental Protection Agency, the Director of the U.S. Fish and Wildlife Service, and the Administrator of the National Oceanic Atmospheric 11 So in original. Probably should be preceded by “and”. Administration may detail, on a reimbursable basis, one employee of each such respective agency to the Office of the United States Trade Representative to be assigned to the United States Embassy in Mexico to carry out the duties described in subsection (b). **(b) Duties** The duties described in this subsection are the following: (1) Assist the Interagency Environment Committee to carry out monitoring and enforcement actions with respect to the environmental obligations of Mexico. (2) Prepare and submit to the Interagency Environment Committee on a quarterly basis a report on efforts of Mexico to comply with its environmental obligations.

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Federal law — U.S. Code and appendices · legal_authorities

8 U.S.C. § 1221 — Lists of alien and citizen passengers arriving and departing

**(a) Arrival manifests** For each commercial vessel or aircraft transporting any person to any seaport or airport of the United States from any place outside the United States, it shall be the duty of an appropriate official specified in subsection (d) to provide to any United States border officer (as defined in subsection (i)) at that port manifest information about each passenger, crew member, and other occupant transported on such vessel or aircraft prior to arrival at that port. **(b) Departure manifests** For each commercial vessel or aircraft taking passengers on board at any seaport or airport of the United States, who are destined to any place outside the United States, it shall be the duty of an appropriate official specified in subsection (d) to provide any United States border officer (as defined in subsection (i)) before departure from such port manifest information about each passenger, crew member, and other occupant to be transported. **(c) Contents of manifest** The information to be provided with respect to each person listed on a manifest required to be provided under subsection (a) or (b) shall include— (1) complete name; (2) date of birth; (3) citizenship; (4) sex; (5) passport number and country of issuance; (6) country of residence; (7) United States visa number, date, and place of issuance, where applicable; (8) alien registration number, where applicable; (9) United States address while in the United States; and (10) such other information the Attorney General, in consultation with the Secretary of State, and the Secretary of Treasury determines as being necessary for the identification of the persons transported and for the enforcement of the immigration laws and to protect safety and national security. **(d) Appropriate officials

Source: Supplied U.S. Code snapshot — release unconfirmed · 8 U.S.C. § 1221

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Federal law — U.S. Code and appendices · legal_authorities

8 U.S.C. § 1187 — Visa waiver program for certain visitors

**(a) Establishment of program** The Secretary of Homeland Security and the Secretary of State are authorized to establish a program (hereinafter in this section referred to as the “program”) under which the requirement of paragraph (7)(B)(i)(II) of [section 1182(a) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title8-section1182/a&num=0&edition=prelim) may be waived by the Secretary of Homeland Security, in consultation with the Secretary of State and in accordance with this section, in the case of an alien who meets the following requirements: (1) **Seeking entry as tourist for 90 days or less** — The alien is applying for admission during the program as a nonimmigrant visitor (described in [section 1101(a)(15)(B) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title8-section1101/a/15/B&num=0&edition=prelim)) for a period not exceeding 90 days. (2) **National of program country** — The alien is a national of, and presents a passport issued by, a country which— (A) extends (or agrees to extend), either on its own or in conjunction with one or more other countries that are described in subparagraph (B) and that have established with it a common area for immigration admissions, reciprocal privileges to citizens and nationals of the United States, and (B) is designated as a pilot program country under subsection (c). (3) **Passport requirements** — The alien, at the time of application for admission, is in possession of a valid unexpired passport that satisfies the following: (A) *Machine readable* — The passport is a machine-readable passport that is tamper-resistant, incorporates document authentication identifiers, and otherwise satisfies the internationally accepted standard for machine readability.

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Federal law — U.S. Code and appendices · legal_authorities

8 U.S.C. § 1101 — Definitions

**(a)** As used in this chapter— (1) The term “administrator” means the official designated by the Secretary of State pursuant to [section 1104(b) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title8-section1104/b&num=0&edition=prelim). (2) The term “advocates” includes, but is not limited to, advises, recommends, furthers by overt act, and admits belief in. (3) The term “alien” means any person not a citizen or national of the United States. (4) The term “application for admission” has reference to the application for admission into the United States and not to the application for the issuance of an immigrant or nonimmigrant visa. (5) The term “Attorney General” means the Attorney General of the United States. (6) The term “border crossing identification card” means a document of identity bearing that designation issued to an alien who is lawfully admitted for permanent residence, or to an alien who is a resident in foreign contiguous territory, by a consular officer or an immigration officer for the purpose of crossing over the borders between the United States and foreign contiguous territory in accordance with such conditions for its issuance and use as may be prescribed by regulations. Such regulations shall provide that (A) each such document include a biometric identifier (such as the fingerprint or handprint of the alien) that is machine readable and (B) an alien presenting a border crossing identification card is not permitted to cross over the border into the United States unless the biometric identifier contained on the card matches the appropriate biometric characteristic of the alien. (7) The term “clerk of court” means a clerk of a naturalization court. (8) The terms “Commissioner” and “Deputy Commissioner” mean the Co

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Federal law — U.S. Code and appendices · legal_authorities

8 U.S.C. § 1365b — Biometric entry and exit data system

**(a) Finding** Consistent with the report of the National Commission on Terrorist Attacks Upon the United States, Congress finds that completing a biometric entry and exit data system as expeditiously as possible is an essential investment in efforts to protect the United States by preventing the entry of terrorists. **(b) Definition** In this section, the term “entry and exit data system” means the entry and exit system required by applicable sections of— (1) the Illegal Immigration Reform and Immigrant Responsibility Act of 1996 (Public Law 104–208); (2) the Immigration and Naturalization Service Data Management Improvement Act of 2000 (Public Law 106–205) 11 So in original. Probably should be “(Public Law 106–215)”. ; (3) the Visa Waiver Permanent Program Act (Public Law 106–396); (4) the Enhanced Border Security and Visa Entry Reform Act of 2002 (Public Law 107–173) [[8 U.S.C. 1701](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title8-section1701&num=0&edition=prelim) et seq]; and (5) 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). **(c) Plan and report** (1) **Development of plan** — The Secretary of Homeland Security shall develop a plan to accelerate the full implementation of an automated biometric entry and exit data system. (2) **Report** — Not later than 180 days after December 17, 2004, the Secretary shall submit a report to Congress on the plan developed under paragraph (1), which shall contain— (A) a description of the current functionality of the entry and exit data system, including— (i) a listing of ports of entry and other Department of Homeland Security and Department of State locations with biometric en

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Federal law — U.S. Code and appendices · legal_authorities

8 U.S.C. § 1722 — Interim measures for access to and coordination of law enforcement and other information

**(a) Interim directive** Until the plan required by subsection (c) 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). **(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](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title8-section1101&num=0&edition=prelim) 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) 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**

Source: Supplied U.S. Code snapshot — release unconfirmed · 8 U.S.C. § 1722

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Federal law — U.S. Code and appendices · legal_authorities

8 U.S.C. § 1732 — Implementation of an integrated entry and exit data system

**(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](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title8-section1379&num=0&edition=prelim) 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](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title8-section1182&num=0&edition=prelim). **(b) Implementation** In implementing the provisions of subsection (a), 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](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title8-section1751&num=0&edition=prelim).

Source: Supplied U.S. Code snapshot — release unconfirmed · 8 U.S.C. § 1732

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