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

Page 478 TITLE 8—ALIENS AND NATIONALITY § 1379 (B) participants in the family case man- agement program; (C) level of supervision; and (D) location of supervision, by field office; (3) for each facility where aliens are de- tained by U.S. Immigration and Customs En- forcement— (A) the address; (B) the field offices that assign detainees to the facility; (C) the detailed facility type, as defined in the integrated decision support system; (D) the gender of aliens detained; (E) the average daily population of detain- ees within each detainee classification level, as defined in the integrated decision support system; (F) the average daily population of individ- uals within each threat level, as defined in the integrated decision support system; (G) the average daily population within each criminality category, as defined in the integrated decision support system, disaggregated by gender; (H) the average length of stay; (I) the average daily population of individ- uals whose detention is classified as manda- tory; (J) the performance standards to which the facility is held; (K) the date of the two most recent inspec- tions, the entity that performed each inspec- tion, and a detailed summary of the results of such inspections; and (L) the guaranteed minimum detention ca- pacity, if applicable; and (4) the total number of releases from cus- tody, by condition of release, and total num- ber of removals, disaggregated by adult facili- ties and family facilities. (Pub. L. 116–93, div. D, title II, § 218, Dec. 20, 2019, 133 Stat. 2514.) Editorial Notes CODIFICATION Section was enacted as part of the Department of Homeland Security Appropriations Act, 2020, and also as part of the Consolidated Appropriations Act, 2020, and not as part of the Immigration and Nationality Act which comprises this chapter. PRIOR PROVISIONS Similar provisions were contained in the following prior appropriation acts: Pub. L. 116–6, div. A, title II, § 226, Feb. 15, 2019, 133 Stat. 27. Statutory Notes and Related Subsidiaries ADDITIONAL REPORTING REQUIREMENTS Pub. L. 118–47, div. C, title II, § 215, Mar. 23, 2024, 138 Stat. 604, provided that: ‘‘The reports required to be submitted under section 216 of the Department of Homeland Security Appropriations Act, 2021 (division F of Public Law 116–260) [set out below] shall continue to be submitted semimonthly and each matter required to be included in such reports by such section 216 shall apply in the same manner and to the same extent dur- ing the period described in such section 216.’’ Similar provisions were contained in the following prior appropriation acts: Pub. L. 117–328, div. F, title II, § 216, Dec. 29, 2022, 136 Stat. 4736. Pub. L. 117–103, div. F, title II, § 217, Mar. 15, 2022, 136 Stat. 323. Pub. L. 116–260, div. F, title II, § 216, Dec. 27, 2020, 134 Stat. 1457, provided that: ‘‘The reports required to be submitted under section 218 of the Department of Homeland Security Appropriations Act, 2020 (division D of Public Law 116–93) [8 U.S.C. 1378a] shall continue to be submitted with respect to the period beginning 15 days after the date of the enactment of this Act [Dec. 27, 2020] and semimonthly thereafter, and each matter required to be included in such report by such section 218 shall apply in the same manner and to the same ex- tent during the period described in this section, except that for purposes of reports submitted with respect to such period described, the following additional require- ments shall be treated as being included as subpara- graphs (H) through (J) of paragraph (1) of such section 218— ‘‘(1) the average lengths of stay, including average post-determination length of stay in the case of de- tainees described in subparagraph (F), for individuals who remain in detention as of the last date of each such reporting period; ‘‘(2) the number who have been in detention, disaggregated by the number of detainees described in subparagraph (F), for each of the following— ‘‘(A) over 2 years; ‘‘(B) from over 1 year to 2 years; ‘‘(C) from over 6 months to 1 year; and ‘‘(D) for less than 6 months; and ‘‘(3) the number of individuals described in section 115.5 of title 28, Code of Federal Regulations, includ- ing the use and duration of solitary confinement for such person.’’ § 1379. Technology standard to confirm identity (1) In general The Attorney General and the Secretary of State jointly, through the National Institute of Standards and Technology (NIST), and in con- sultation with the Secretary of the Treasury and other Federal law enforcement and intel- ligence agencies the Attorney General or Sec- retary of State deems appropriate and in con- sultation with Congress, shall within 15 months after October 26, 2001, develop and certify a tech- nology standard, including appropriate biomet- ric identifier standards, that can be used to verify the identity of persons applying for a United States visa or such persons seeking to enter the United States pursuant to a visa for the purposes of conducting background checks, confirming identity, and ensuring that a person has not received a visa under a different name or such person seeking to enter the United States pursuant to a visa. (2) Interoperable The technology standard developed pursuant to paragraph (1), shall be the technological basis for a cross-agency, cross-platform electronic system that is a cost-effective, efficient, fully interoperable means to share law enforcement and intelligence information necessary to con- firm the identity of such persons applying for a United States visa or such person seeking to enter the United States pursuant to a visa. (3) Accessible The electronic system described in paragraph (2), once implemented, shall be readily and eas- ily accessible to— (A) all consular officers responsible for the issuance of visas; Page 479 TITLE 8—ALIENS AND NATIONALITY § 1381 (B) all Federal inspection agents at all United States border inspection points; and (C) all law enforcement and intelligence offi- cers as determined by regulation to be respon- sible for investigation or identification of aliens admitted to the United States pursuant to a visa. (4) Report Not later than one year after October 26, 2001, and every 2 years thereafter, the Attorney Gen- eral and the Secretary of State shall jointly, in consultation with the Secretary of Treasury, re- port to Congress describing the development, implementation, efficacy, and privacy implica- tions of the technology standard and electronic database system described in this section. (5) Funding There is authorized to be appropriated to the Secretary of State, the Attorney General, and the Director of the National Institute of Stand- ards and Technology such sums as may be nec- essary to carry out the provisions of this sec- tion. (Pub. L. 107–56, title IV, § 403(c), Oct. 26, 2001, 115 Stat. 344; Pub. L. 107–173, title II, §§ 201(c)(5), 202(a)(4)(B), May 14, 2002, 116 Stat. 548, 549.) Editorial Notes CODIFICATION Section was enacted as part of the Uniting and Strengthening America by Providing Appropriate Tools Required to Intercept and Obstruct Terrorism Act of 2001 or USA PATRIOT Act, and not as part of the Im- migration and Nationality Act which comprises this chapter. AMENDMENTS 2002—Par. (1). Pub. L. 107–173, §§ 201(c)(5)(A), 202(a)(4)(B)(i), substituted ‘‘15 months’’ for ‘‘2 years’’ and inserted ‘‘, including appropriate biometric identi- fier standards,’’ after ‘‘technology standard’’. Par. (2). Pub. L. 107–173, § 202(a)(4)(B)(ii), substituted ‘‘Interoperable’’ for ‘‘Integrated’’ in heading and ‘‘interoperable’’ for ‘‘integrated’’ in text. Par. (4). Pub. L. 107–173, § 201(c)(5)(B), substituted ‘‘one year’’ for ‘‘18 months’’. Statutory Notes and Related Subsidiaries REPORT ON THE INTEGRATED AUTOMATED FINGERPRINT IDENTIFICATION SYSTEM FOR PORTS OF ENTRY AND OVERSEAS CONSULAR POSTS Pub. L. 107–56, title IV, § 405, Oct. 26, 2001, 115 Stat. 345, provided that: ‘‘(a) IN GENERAL.—The Attorney General, in consulta- tion with the appropriate heads of other Federal agen- cies, including the Secretary of State, Secretary of the Treasury, and the Secretary of Transportation, shall report to Congress on the feasibility of enhancing the Integrated Automated Fingerprint Identification Sys- tem (IAFIS) of the Federal Bureau of Investigation and other identification systems in order to better identify a person who holds a foreign passport or a visa and may be wanted in connection with a criminal investigation in the United States or abroad, before the issuance of a visa to that person or the entry or exit from the United States by that person. ‘‘(b) AUTHORIZATION OF APPROPRIATIONS.—There is au- thorized to be appropriated not less than $2,000,000 to carry out this section.’’ § 1380. Maintenance of statistics by the Depart- ment of Homeland Security (a) In general The Department of Homeland Security shall maintain statistics regarding petitions filed, ap- proved, extended, and amended with respect to nonimmigrants described in section 1101(a)(15)(L) of this title, including the number of such nonimmigrants who are classified on the basis of specialized knowledge and the number of nonimmigrants who are classified on the basis of specialized knowledge in order to work pri- marily at offsite locations. (b) Applicability Subsection (a) shall apply to petitions filed on or after the effective date of this subtitle. (Pub. L. 108–447, div. J, title IV, § 414, Dec. 8, 2004, 118 Stat. 3352.) Editorial Notes REFERENCES IN TEXT This subtitle, referred to in subsec. (b), means sub- title A (§§ 411–417) of title IV of div. J of Pub. L. 108–447. For the effective date of subtitle A, see section 417 of Pub. L. 108–447, set out as an Effective Date of 2004 Amendment note under section 1184 of this title. CODIFICATION Section was enacted as part of the L–1 Visa (Intracompany Transferee) Reform Act of 2004, and also as part of the L–1 Visa and H–1B Visa Reform Act and the Consolidated Appropriations Act, 2005, and not as part of the Immigration and Nationality Act which comprises this chapter. Statutory Notes and Related Subsidiaries EFFECTIVE DATE Section effective 180 days after Dec. 8, 2004, see sec- tion 417 of Pub. L. 108–447, set out as an Effective Date of 2004 Amendment note under section 1184 of this title. § 1381. Secretary of Labor report Not later than January 31 of each year, the Secretary of Labor shall report to the Commit- tees on the Judiciary of the Senate and the House of Representatives on the investigations undertaken based on— (1) the authorities described in clauses (i) and (ii) of section 1182(n)(2)(G) of this title; and (2) the expenditures by the Secretary of Labor described in section 1356(v)(2)(D) of this title. (Pub. L. 108–447, div. J, title IV, § 424(c), Dec. 8, 2004, 118 Stat. 3356.) Editorial Notes CODIFICATION Section was enacted as part of the H–1B Visa Reform Act of 2004, and also as part of the L–1 Visa and H–1B Visa Reform Act and the Consolidated Appropriations Act, 2005, and not as part of the Immigration and Na- tionality Act which comprises this chapter. Statutory Notes and Related Subsidiaries EFFECTIVE DATE Section effective 90 days after Dec. 8, 2004, see section 430 of Pub. L. 108–447, set out as an Effective Date of 2004 Amendment note under section 1182 of this title.