8 U.S.C. § 1732

Machine-readable, tamper-resistant entry and exit documents

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(a) Report(1) In generalNot 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); 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 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, 2005, 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 scannersThe 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); 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) 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 section, 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 NotesAmendments

2015—Subsec. (c). Pub. L. 114–113 struck out subsec. (c), which related to technology standard for visa waiver participants.

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

Statutory Notes and Related SubsidiariesAbolition 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.

Notes of Decisions

Cited in 4 cases, 2005–2008 · leading case: OTI America, Inc. v. United States

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OTI America, Inc. v. United States (2005) uscfc · cites it 7× “543, 553 (2002) (codified, as amended, at 8 U.S.C. § 1732 ), requires that participating countries have “a program to issue to its nationals machine-readable passports that are tamper-resistant and incorporate biometric and document authentication identifiers that comply with…”

OTI America, Inc. v. United States (2005) uscfc · cites it 2× “” 8 U.S.C. § 1732 (c)(1), amended by Act of Aug.”

OTI America, Inc. v. United States (2006) uscfc · cites it 3× “at 554 (codified, as amended, at 8 U.S.C. § 1732 ); see also 8 U.S.C. § 1187 (2002) (providing the statutory basis for the Visa Waiver Program).”

Iris Corp. Berhad v. United States (2008) uscfc “The governing United States statute, 8 U.S.C. § 1732 , mandates that the Attorney General and the Secretary of State, inter alia: (1) “issue to aliens only machine-readable, tamper-resistant visas and other travel and entry documents that use biometric identifiers;” (2) deploy…”

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