8 U.S.C. § 1732 — Machine-readable, tamper-resistant entry

Page 592 TITLE 8—ALIENS AND NATIONALITY § 1732 (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 Amer- ican National Security Program described in section 1751 of this title. (Pub. L. 107–173, title III, § 302, May 14, 2002, 116 Stat. 552.) Editorial Notes REFERENCES IN TEXT The 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, which amended section 1365a of this title and enacted provisions set out as notes under sections 1101 and 1365a of this title. 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. Statutory Notes and Related Subsidiaries 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. § 1732. Machine-readable, tamper-resistant entry and exit documents (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 sub- mit 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); and (B) deployment of the equipment and soft- ware to allow biometric comparison and au- thentication of the documents described in subsections (b) and (c). (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 De- partment of Justice, the Department of State, and NIST to achieve the objectives of subpara- graphs (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-re- sistant visas and other travel and entry docu- ments that use biometric identifiers. The At- torney General and the Secretary of State shall jointly establish document authentica- tion standards and biometric identifiers stand- ards 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, 2005, the Attor- ney General, in consultation with the Sec- retary 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 sub- section (c)(1). (B) Use of readers and scanners The Attorney General, in consultation with the Secretary of State, shall utilize bi- ometric data readers and scanners that— (i) domestic and international standards organizations determine to be highly accu- rate when used to verify identity; (ii) can read the biometric identifiers utilized under subsections (b)(1) and (c)(1); and (iii) can authenticate the document pre- sented to verify identity. (3) Use of technology standard The systems employed to implement para- graphs (1) and (2) shall utilize the technology standard established pursuant to section 1379 of this title. (c) Repealed. Pub. L. 114–113, div. O, title II, § 202(c), Dec. 18, 2015, 129 Stat. 2989 (d) Authorization of appropriations There are authorized to be appropriated such sums as may be necessary to carry out this sec- tion, including reimbursement to international and domestic standards organizations. (Pub. L. 107–173, title III, § 303, May 14, 2002, 116 Stat. 553; Pub. L. 108–299, § 1, Aug. 9, 2004, 118 Stat. 1100; Pub. L. 114–113, div. O, title II, § 202(c), Dec. 18, 2015, 129 Stat. 2989.) Editorial Notes AMENDMENTS 2015—Subsec. (c). Pub. L. 114–113 struck out subsec. (c), which related to technology standard for visa waiv- er participants. 2004—Subsecs. (b)(2)(A), (c)(1), (2). Pub. L. 108–299 sub- stituted ‘‘2005’’ for ‘‘2004’’. Statutory Notes and Related Subsidiaries 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. Page 593 TITLE 8—ALIENS AND NATIONALITY § 1735 § 1733. Terrorist lookout committees (a) Establishment The Secretary of State shall require a ter- rorist 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) 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 rou- tinely and consistently brought to the atten- tion 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 ap- propriate lookout databases. (c) Composition; chair The Secretary shall establish rules governing the composition of such committees. (d) Meetings Each committee established under subsection (a) shall meet at least monthly to share infor- mation pertaining to the committee’s purpose as described in subsection (b)(2). (e) Periodic reports to the Secretary of State Each committee established under subsection (a) shall submit monthly reports to the Sec- retary of State describing the committee’s ac- tivities, whether or not information on known or suspected terrorists was developed during the month. (f) Repealed. Pub. L. 113–235, div. J, title VII, § 7034(i), Dec. 16, 2014, 128 Stat. 2624 (g) Authorization of appropriations There are authorized to be appropriated such sums as may be necessary to implement this section. (Pub. L. 107–173, title III, § 304, May 14, 2002, 116 Stat. 554; Pub. L. 113–235, div. J, title VII, § 7034(i), Dec. 16, 2014, 128 Stat. 2624.) Editorial Notes AMENDMENTS 2014—Subsec. (f). Pub. L. 113–235 struck out subsec. (f). Text read as follows: ‘‘The Secretary of State shall submit a report on a quarterly basis to the appropriate committees of Congress on the status of the commit- tees established under subsection (a) of this section.’’ § 1734. Improved training for consular officers (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 appli- cants 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 sec- tion 1182(a)(3)(A) and (B) of this title, inter- agency and international intelligence sharing regarding terrorists and terrorism, and cultural- sensitivity toward visa applicants. In accord- ance with section 1776 of this title, and as part of the consular training provided to such offi- cers by the Secretary of State, such officers shall also receive training in detecting fraudu- lent documents and general document forensics and shall be required as part of such training to work with immigration officers conducting in- spections of applicants for admission into the United States at ports of entry. (b) Use of foreign intelligence information As an ongoing component of the training re- quired in subsection (a), the Secretary of State shall coordinate with the Assistant to the Presi- dent for Homeland Security, Federal law en- forcement agencies, and the intelligence com- munity to compile and disseminate to the Bu- reau of Consular Affairs reports, bulletins, up- dates, and other current unclassified informa- tion 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. (Pub. L. 107–173, title III, § 305, May 14, 2002, 116 Stat. 555; Pub. L. 108–458, title VII, § 7203(c), Dec. 17, 2004, 118 Stat. 3814.) Editorial Notes AMENDMENTS 2004—Subsec. (a). Pub. L. 108–458 inserted at end ‘‘In accordance with section 1776 of this title, and as part of the consular training provided to such officers by the Secretary of State, such officers shall also receive training in detecting fraudulent documents and general document forensics and shall be required as part of such training to work with immigration officers con- ducting inspections of applicants for admission into the United States at ports of entry.’’ § 1735. Restriction on issuance of visas to non- immigrants from countries that are state sponsors of international terrorism (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 At- torney General and the heads of other appro- priate United States agencies, that such alien does not pose a threat to the safety or national security of the United States. In making a de- termination under this subsection, the Sec- retary of State shall apply standards developed by the Secretary of State, in consultation with the Attorney General and the heads of other ap- propriate United States agencies, that are appli- cable to the nationals of such states.