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

Legislative history

Reconstructed from this section’s Code source credit and amendment notes, resolved against the local Statutes at Large. Editorial notes are evidence, not the law that made the change.

1. 2002

   Enhanced Border Security and Visa Entry Reform Act of 2002

   Pub. L. 107–173 title III § 303 · 116 Stat. 543

   Enacted · 8 U.S.C. § 1732

   Pub. L. 107–173, title III, § 303, May 14, 2002, 116 Stat. 553

   Source evidence

   Code source credit
   Pub. L. 107–173, title III, § 303, May 14, 2002, 116 Stat. 553

   Enacted provision · exact public law section
   SEC. 303. MACHINE-READABLE, TAMPER-RESISTANT ENTRY AND EXIT DOCUMENTS (a) Report.— (1) In general.— Not later than 180 days after the date of enactment of this Act, 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); and (B) deployment of the equipment and software to allow biometric comparison and authentication 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 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 Standards. 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). (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)(D and (c)(1); 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 403(c) of the USA PATRIOT Act, as amended by section 201(c)(5) and 202(a)(4)(B). (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 217 of the Immigration and Nationality Act 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 217(a)(3) of the Immigration and Nationality Act. (2) Use of technology standard.— On and after October 26, 2004, any alien applying for admission under the visa waiver program under section 217 of the Immigration and Nationality Act 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.

2. 2004

   Pub. L. 108–299 § 1 · 118 Stat. 1100

   Substituted · 8 U.S.C. § 1732(b)(2)(A); 8 U.S.C. § 1732(b)(c)(1); 8 U.S.C. § 1732(b)(2)(2)

   Pub. L. 108–299 substituted “2005” for “2004”

   Source evidence

   Code amendment note
   Subsecs. (b)(2)(A), (c)(1), (2). Pub. L. 108–299 substituted “2005” for “2004”.

   Enacted provision · exact public law section
   SECTION 1. MODIFICATION OF CERTAIN DEADLINES FOR MACHINE-READABLE, TAMPER-RESISTANT ENTRY AND EXIT DOCUMENTS.   Section 303 of the Enhanced Border Security and Visa Entry Reform Act of 2002 (8 U.S.C. 1732) is amended, in each of subsections (b)(2)(A), (c)(1), and (c)(2), by striking “2004,” and inserting “2005,”.

3. 2015

   Department of Justice Appropriations Act, 2016

   Pub. L. 114–113 div. O title II § 202(c) · 129 Stat. 2242

   Struck · 8 U.S.C. § 1732(c)

   Pub. L. 114–113 struck out subsec. (c), which related to technology standard for visa waiver participants

   Source evidence

   Code amendment note
   Subsec. (c). Pub. L. 114–113 struck out subsec. (c), which related to technology standard for visa waiver participants.

   Enacted provision · exact public law section
   Sec. 202. None of the funds appropriated by this title shall be available to pay for an abortion, except where the life of the mother would be endangered if the fetus were carried to term, or in the case of rape or incest: Provided, That should this prohibition be declared unconstitutional by a court of competent jurisdiction, this section shall be null and void.

3 of 3 references resolved to an enrolled provision