--- kind: "section" citation: "8 U.S.C. § 1379" title: "8" title_heading: "Aliens and Nationality" number: "1379" heading: "Technology standard to confirm identity" release: "119-102" date: "2026-07-12" url: "https://uscodex.org/usc/8/1379" units: - "Chapter 12 — Immigration and Nationality" - "Subchapter II — Immigration" - "Part IX — Miscellaneous" --- # §1379. Technology standard to confirm identity - (1) **In general—** The [Attorney General](/usc/8/1101.md?p=a-5) and the Secretary of State jointly, through the [National](/usc/8/1101.md?p=a-21) Institute of Standards and Technology (NIST), and in consultation with the Secretary of the Treasury and other Federal law enforcement and intelligence agencies the [Attorney General](/usc/8/1101.md?p=a-5) or Secretary of State deems appropriate and in consultation with Congress, shall within 15 months after October 26, 2001, develop and certify a technology standard, including appropriate biometric identifier standards, that can be used to verify the identity of [persons](/usc/8/1101.md?p=b-3) applying for a [United States](/usc/8/1101.md?p=a-38) visa or such [persons](/usc/8/1101.md?p=b-3) seeking to enter the [United States](/usc/8/1101.md?p=a-38) pursuant to a visa for the purposes of conducting background checks, confirming identity, and ensuring that a [person](/usc/8/1101.md?p=b-3) has not received a visa under a different name or such [person](/usc/8/1101.md?p=b-3) seeking to enter the [United States](/usc/8/1101.md?p=a-38) pursuant to a visa. - (2) **Interoperable—** The technology standard developed pursuant to [paragraph (1)](#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 confirm the identity of such [persons](/usc/8/1101.md?p=b-3) applying for a [United States](/usc/8/1101.md?p=a-38) visa or such [person](/usc/8/1101.md?p=b-3) seeking to enter the [United States](/usc/8/1101.md?p=a-38) pursuant to a visa. - (3) **Accessible—** The electronic system described in [paragraph (2)](#2), once implemented, shall be readily and easily accessible to— - (A) all [consular officers](/usc/8/1101.md?p=a-9) responsible for the issuance of visas; - (B) all Federal inspection agents at all [United States](/usc/8/1101.md?p=a-38) border inspection points; and - (C) all law enforcement and intelligence officers as determined by regulation to be responsible for investigation or identification of [aliens](/usc/8/1101.md?p=a-3) [admitted](/usc/8/1101.md?p=a-13-A) to the [United States](/usc/8/1101.md?p=a-38) pursuant to a visa. - (4) **Report—** Not later than one year after October 26, 2001, and every 2 years thereafter, the [Attorney General](/usc/8/1101.md?p=a-5) and the Secretary of State shall jointly, in consultation with the Secretary of Treasury, report to Congress describing the development, implementation, efficacy, and privacy implications 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](/usc/8/1101.md?p=a-5), and the Director of the [National](/usc/8/1101.md?p=a-21) Institute of Standards and Technology such sums as may be necessary to carry out the provisions of this section. ## Source credit (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.) ## Notes ### 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 Immigration 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 identifier 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: In General.—The Attorney General, in consultation with the appropriate heads of other Federal agencies, 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 System (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. Authorization of Appropriations.—There is authorized to be appropriated not less than $2,000,000 to carry out this section.”