dreamproit/uscode huggingface dataset:
8 U.S.C. § 1614 (ALIENS AND NATIONALITY)
§ 1614. Notification and information reporting
Each Federal agency that administers a program to which section 1611, 1612, or 1613 of this title applies shall, directly or through the States, post information and provide general notification to the public and to program recipients of the changes regarding eligibility for any such program pursuant to this subchapter.
(Pub. L. 104–193, title IV, § 404(a), Aug. 22, 1996, 110 Stat. 2267.)
heading: References in Text
text: This subchapter, referred to in text, was in the original “this subtitle”, meaning subtitle A of title IV of Pub. L. 104–193, Aug. 22, 1996, 110 Stat. 2261, as amended, which enacted this subchapter and sections 611a and 1437y of Title 42, The Public Health and Welfare, and amended section 1383 of Title 42. For complete classification of this subtitle to the Code, see Tables.
8 U.S.C. § 1623 (ALIENS AND NATIONALITY)
§ 1623. Limitation on eligibility for preferential treatment of aliens not lawfully present on basis of residence for higher education benefits
(a) In general
Notwithstanding any other provision of law, an alien who is not lawfully present in the United States shall not be eligible on the basis of residence within a State (or a political subdivision) for any postsecondary education benefit unless a citizen or national of the United States is eligible for such a benefit (in no less an amount, duration, and scope) without regard to whether the citizen or national is such a resident.
(b) Effective date
This section shall apply to benefits provided on or after July 1, 1998.
(Pub. L. 104–208, div. C, title V, § 505, Sept. 30, 1996, 110 Stat. 3009–672.)
heading: Codification
text: Section was enacted as part of the Illegal Immigration Reform and Immigrant Responsibility Act of 1996, and as part of the Omnibus Consolidated Appropriations Act, 1997, and not as part of title IV of the Personal Responsibility and Work Opportunity Reconciliation Act of 1996 which comprises this chapter.
8 U.S.C. § 1624 (ALIENS AND NATIONALITY)
§ 1624. Authority of States and political subdivisions of States to limit assistance to aliens and to distinguish among classes of aliens in providing general cash public assistance
(a) In general
Subject to subsection (b) of this section and notwithstanding any other provision of law, a State or political subdivision of a State is authorized to prohibit or otherwise limit or restrict the eligibility of aliens or classes of aliens for programs of general cash public assistance furnished under the law of the State or a political subdivision of a State.
(b) Limitation
The authority provided for under subsection (a) of this section may be exercised only to the extent that any prohibitions, limitations, or restrictions imposed by a State or political subdivision of a State are not more restrictive than the prohibitions, limitations, or restrictions imposed under comparable Federal programs. For purposes of this section, attribution to an alien of a sponsor’s income and resources (as described in section 1631 of this title) for purposes of determining eligibility for, and the amount of, benefits shall be considered less restrictive than a prohibition of eligibility for such benefits.
(Pub. L. 104–208, div. C, title V, § 553, Sept. 30, 1996, 110 Stat. 3009–681.)
heading: Codification
text: Section was enacted as part of the Illegal Immigration Reform and Immigrant Responsibility Act of 1996, and as part of the Omnibus Consolidated Appropriations Act, 1997, and not as part of title IV of the Personal Responsibility and Work Opportunity Reconciliation Act of 1996 which comprises this chapter.
8 U.S.C. § 1625 (ALIENS AND NATIONALITY)
§ 1625. Authorization for verification of eligibility for State and local public benefits
A State or political subdivision of a State is authorized to require an applicant for State and local public benefits (as defined in section 1621(c) of this title) to provide proof of eligibility.
(Pub. L. 104–193, title IV, § 413, as added Pub. L. 105–33, title V, § 5307(a), Aug. 5, 1997, 111 Stat. 602.)
heading: Effective Date
text: Section effective, except as otherwise provided, as if included in the enactment of title IV of the Personal Responsibility and Work Opportunity Reconciliation Act of 1996, Pub. L. 104–193, see section 5308 of Pub. L. 105–33, set out as an Effective Date of 1997 Amendment note under section 1612 of this title.
8 U.S.C. § 1644 (ALIENS AND NATIONALITY)
§ 1644. Communication between State and local government agencies and Immigration and Naturalization Service
Notwithstanding any other provision of Federal, State, or local law, no State or local government entity may be prohibited, or in any way restricted, from sending to or receiving from the Immigration and Naturalization Service information regarding the immigration status, lawful or unlawful, of an alien in the United States.
(Pub. L. 104–193, title IV, § 434, Aug. 22, 1996, 110 Stat. 2275.)
heading: Abolition of Immigration and Naturalization Service and Transfer of Functions
text: 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.
8 U.S.C. § 1645 (ALIENS AND NATIONALITY)
§ 1645. Qualifying quarters
For purposes of this chapter, in determining the number of qualifying quarters of coverage under title II of the Social Security Act [42 U.S.C. 401 et seq.] an alien shall be credited with—
(1) all of the qualifying quarters of coverage as defined under title II of the Social Security Act worked by a parent of such alien before the date on which the alien attains age 18, and
(2) all of the qualifying quarters worked by a spouse of such alien during their marriage and the alien remains married to such spouse or such spouse is deceased.
No such qualifying quarter of coverage that is creditable under title II of the Social Security Act for any period beginning after December 31, 1996, may be credited to an alien under paragraph (1) or (2) if the parent or spouse (as the case may be) of such alien received any Federal means-tested public benefit (as provided under section 1613 of this title) during the period for which such qualifying quarter of coverage is so credited. Notwithstanding section 6103 of title 26, the Commissioner of Social Security is authorized to disclose quarters of coverage information concerning an alien and an alien’s spouse or parents to a government agency for the purposes of this chapter.
(Pub. L. 104–193, title IV, § 435, Aug. 22, 1996, 110 Stat. 2275; Pub. L. 105–33, title V, § 5573, Aug. 5, 1997, 111 Stat. 641.)
heading: References in Text
text: This chapter, referred to in text, was in the original “this title” meaning title IV of Pub. L. 104–193, Aug. 22, 1996, 110 Stat. 2260, which enacted this chapter, section 1183a of this title, and sections 611a and 1437y of Title 42, The Public Health and Welfare, amended section 1383 of this title, sections 32 and 6213 of Title 26, Internal Revenue Code, and sections 1436a and 1471 of Title 42, and enacted provisions set out as notes under section 1183a of this title and section 32 of Title 26. For complete classification of title IV to the Code, see Tables.
The Social Security Act, referred to in text, is act Aug. 14, 1935, ch. 531, 49 Stat. 620, as amended. Title II of the Act is classified generally to subchapter II (§ 401 et seq.) of chapter 7 of Title 42, The Public Health and Welfare. For complete classification of this Act to the Code, see section 1305 of Title 42 and Tables.
heading: Amendments
text: 1997—Pub. L. 105–33, § 5573(a), inserted at end “Notwithstanding section 6103 of title 26, the Commissioner of Social Security is authorized to disclose quarters of coverage information concerning an alien and an alien’s spouse or parents to a government agency for the purposes of this chapter.”
Par. (1). Pub. L. 105–33, § 5573(b), substituted “before the date on which the alien attains age 18,” for “while the alien was under age 18,”.
heading: Effective Date of 1997 Amendment
text: Amendment by Pub. L. 105–33 effective as if included in the enactment of title IV of the Personal Responsibility and Work Opportunity Reconciliation Act of 1996, Pub. L. 104–193, see section 5582 of Pub. L. 105–33, set out as a note under section 1367 of this title.
8 U.S.C. § 1646 (ALIENS AND NATIONALITY)
§ 1646. Derivative eligibility for benefits
Notwithstanding any other provision of law, an alien who under the provisions of this chapter is ineligible for benefits under the food stamp program (as defined in section 1612(a)(3)(B) of this title) shall not be eligible for such benefits because the alien receives benefits under the supplemental security income program (as defined in section 1612(a)(3)(A) of this title).
(Pub. L. 104–193, title IV, § 436, as added Pub. L. 105–33, title V, § 5305(a), Aug. 5, 1997, 111 Stat. 601.)
heading: References in Text
text: This chapter, referred to in text, was in the original “this title” meaning title IV of Pub. L. 104–193, Aug. 22, 1996, 110 Stat. 2260, which enacted this chapter, section 1183a of this title, and sections 611a and 1437y of Title 42, The Public Health and Welfare, amended section 1383 of this title, sections 32 and 6213 of Title 26, Internal Revenue Code, and sections 1436a and 1471 of Title 42, and enacted provisions set out as notes under section 1183a of this title and section 32 of Title 26. For complete classification of title IV to the Code, see Tables.
heading: Change of Name
text: References to the food stamp program established under the Food and Nutrition Act of 2008 considered to refer to the supplemental nutrition assistance program established under that Act, see section 4002(c) of Pub. L. 110–246, set out as a note under section 2012 of Title 7, Agriculture.
heading: Effective Date
text: Section effective, except as otherwise provided, as if included in the enactment of title IV of the Personal Responsibility and Work Opportunity Reconciliation Act of 1996, Pub. L. 104–193, see section 5308 of Pub. L. 105–33, set out as an Effective Date of 1997 Amendment note under section 1612 of this title.
8 U.S.C. § 1713 (ALIENS AND NATIONALITY)
§ 1713. Machine-readable visa fees
(a) Omitted
(b) Fee amount
The machine-readable visa fee charged by the Department of State shall be the higher of $65 or the cost of the machine-readable visa service, as determined by the Secretary of State after conducting a study of the cost of such service.
(c) Surcharge
The Department of State is authorized to charge a surcharge of $10, in addition to the machine-readable visa fee, for issuing a machine-readable visa in a nonmachine-readable passport.
(d) Availability of collected fees
Notwithstanding any other provision of law, amounts collected as fees described in this section shall be credited as an offsetting collection to any appropriation for the Department of State to recover costs of providing consular services. Amounts so credited shall be available, until expended, for the same purposes as the appropriation to which credited.
(Pub. L. 107–173, title I, § 103, May 14, 2002, 116 Stat. 547.)
heading: Codification
text: Section is comprised of section 103 of Pub. L. 107–173. Subsec. (a) of section 103 of Pub. L. 107–173 amended provisions set out as a note under section 1351 of this title.
8 U.S.C. § 1714 (ALIENS AND NATIONALITY)
§ 1714. Surcharges related to consular services
Beginning in fiscal year 2005 and thereafter, the Secretary of State is authorized to charge surcharges related to consular services in support of enhanced border security that are in addition to the passport and immigrant visa fees in effect on January 1, 2004: Provided, That funds collected pursuant to this authority shall be credited to this account, and shall be available until expended for the purposes of such account: Provided further, That such surcharges shall be $12 on passport fees, and $45 on immigrant visa fees.
(Pub. L. 108–447, div. B, title IV, Dec. 8, 2004, 118 Stat. 2896.)
heading: Codification
text: Section appears under the headings “Administration of Foreign Affairs” and “Diplomatic and Consular Programs” in title IV of div. B of Pub. L. 108–447. It was enacted as part of the Department of State and Related Agency Appropriations Act, 2005, and also as part of the Departments of Commerce, Justice, and State, the Judiciary, and Related Agencies Appropriations Act, 2005, and as part of the Consolidated Appropriations Act, 2005, and not as part of the Enhanced Border Security and Visa Entry Reform Act of 2002 which comprises this chapter.
heading: Authority to Administratively Amend Surcharges
text: Pub. L. 109–472, § 6, Jan. 11, 2007, 120 Stat. 3555, provided that:
“(a) In General.—
Beginning in fiscal year 2007 and thereafter, the Secretary of State is authorized to amend administratively the amounts of the surcharges related to consular services in support of enhanced border security (provided for in the last paragraph under the heading ‘diplomatic and consular programs’ under title IV of division B of the Consolidated Appropriations Act, 2005 (Public Law 108–447) [this section]) that are in addition to the passport and immigrant visa fees in effect on January 1, 2004.
“(b) Requirements.—
In carrying out subsection (a) and the provision of law described in such subsection, the Secretary shall meet the following requirements:
“(1) The amounts of the surcharges shall be reasonably related to the costs of providing services in connection with the activity or item for which the surcharges are charged.
“(2) The aggregate amount of surcharges collected may not exceed the aggregate amount obligated and expended for the costs related to consular services in support of enhanced border security incurred in connection with the activity or item for which the surcharges are charged.
“(3) A surcharge may not be collected except to the extent the surcharge will be obligated and expended to pay the costs related to consular services in support of enhanced border security incurred in connection with the activity or item for which the surcharge is charged.
“(4) A surcharge shall be available for obligation and expenditure only to pay the costs related to consular services in support of enhanced border security incurred in providing services in connection with the activity or item for which the surcharge is charged.”
8 U.S.C. § 1723 (ALIENS AND NATIONALITY)
§ 1723. Commission on Interoperable Data Sharing
(a) Establishment
Not later than one year after October 26, 2001, the President shall establish a Commission on Interoperable Data Sharing (in this section referred to as the “Commission”). The purposes of the Commission shall be to—
(1) monitor the protections described in section 1721(c)(3) of this title;
(2) provide oversight of the interoperable electronic data system described in section 1722 of this title; and
(3) report to Congress annually on the Commission’s findings and recommendations.
(b) Composition
The Commission shall consist of nine members, who shall be appointed by the President, as follows:
(1) One member, who shall serve as Chair of the Commission.
(2) Eight members, who shall be appointed from a list of nominees jointly provided by the Speaker of the House of Representatives, the Minority Leader of the House of Representatives, the Majority Leader of the Senate, and the Minority Leader of the Senate.
(c) Considerations
The Commission shall consider recommendations regarding the following issues:
(1) Adequate protection of privacy concerns inherent in the design, implementation, or operation of the interoperable electronic data system.
(2) Timely adoption of security innovations, consistent with generally accepted security standards, to protect the integrity and confidentiality of information to prevent the risks of accidental or unauthorized loss, access, destruction, use modification, or disclosure of information.
(3) The adequacy of mechanisms to permit the timely correction of errors in data maintained by the interoperable data system.
(4) Other protections against unauthorized use of data to guard against the misuse of the interoperable data system or the data maintained by the system, including recommendations for modifications to existing laws and regulations to sanction misuse of the system.
(d) Authorization of appropriations
There are authorized to be appropriated to the Commission such sums as may be necessary to carry out this section.
(Pub. L. 107–173, title II, § 203, May 14, 2002, 116 Stat. 551.)
8 U.S.C. § 1724 (ALIENS AND NATIONALITY)
§ 1724. Personnel management authorities for positions involved in the development and implementation of the interoperable electronic data system (“Chimera system”)
(a) In general
Notwithstanding any other provision of law relating to position classification or employee pay or performance, the Attorney General may hire and fix the compensation of necessary scientific, technical, engineering, and other analytical personnel for the purpose of the development and implementation of the interoperable electronic data system described in section 1722(a)(2) of this title (also known as the “Chimera system”).
(b) Limitation on rate of pay
Except as otherwise provided by law, no employee compensated under subsection (a) of this section may be paid at a rate in excess of the rate payable for a position at level III of the Executive Schedule.
(c) Limitation on total calendar year payments
Total payments to employees under any system established under this section shall be subject to the limitation on payments to employees under section 5307 of title 5.
(d) Operating plan
Not later than 90 days after May 14, 2002, the Attorney General shall submit to the Committee on Appropriations, the Committee on the Judiciary, the Select Committee on Intelligence, and the Committee on Foreign Relations of the Senate and the Committee on Appropriations, the Committee on the Judiciary, the Permanent Select Committee on Intelligence, and the Committee on International Relations of the House of Representatives an operating plan—
(1) describing the Attorney General’s intended use of the authority under this section; and
(2) identifying any provisions of title 5 being waived for purposes of the development and implementation of the Chimera system.
(e) Termination date
The authority of this section shall terminate upon the implementation of the Chimera system.
(Pub. L. 107–173, title II, § 204, May 14, 2002, 116 Stat. 551.)
heading: References in Text
text: Level III of the Executive Schedule, referred to in subsec. (b), is set out in section 5314 of Title 5, Government Organization and Employees.
heading: Change of Name
text: Committee on International Relations of House of Representatives changed to Committee on Foreign Affairs of House of Representatives by House Resolution No. 6, One Hundred Tenth Congress, Jan. 5, 2007.
8 U.S.C. § 1731 (ALIENS AND NATIONALITY)
§ 1731. Implementation of an integrated entry and exit data system
(a) Development of system
In developing the integrated entry and exit data system for the ports of entry, as required by the Immigration and Naturalization Service Data Management Improvement Act of 2000 (Public Law 106–215), the Attorney General and the Secretary of State shall—
(1) implement, fund, and use a technology standard under section 1379 of this title at United States ports of entry and at consular posts abroad;
(2) establish a database containing the arrival and departure data from machine-readable visas, passports, and other travel and entry documents possessed by aliens; and
(3) make interoperable all security databases relevant to making determinations of admissibility under section 1182 of this title.
(b) Implementation
In implementing the provisions of subsection (a) of this section, 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 American National Security Program described in section 1751 of this title.
(Pub. L. 107–173, title III, § 302, May 14, 2002, 116 Stat. 552.)
heading: References in Text
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.
heading: Abolition of Immigration and Naturalization Service and Transfer of Functions
text: 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.
8 U.S.C. § 1733 (ALIENS AND NATIONALITY)
§ 1733. Terrorist lookout committees
(a) Establishment
The Secretary of State shall require a terrorist 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) of this section 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 routinely and consistently brought to the attention 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 appropriate lookout databases.
(c) Composition; chair
The Secretary shall establish rules governing the composition of such committees.
(d) Meetings
Each committee established under subsection (a) of this section shall meet at least monthly to share information pertaining to the committee’s purpose as described in subsection (b)(2) of this section.
(e) Periodic reports to the Secretary of State
Each committee established under subsection (a) of this section shall submit monthly reports to the Secretary of State describing the committee’s activities, whether or not information on known or suspected terrorists was developed during the month.
(f) Reports to Congress
The Secretary of State shall submit a report on a quarterly basis to the appropriate committees of Congress on the status of the committees established under subsection (a) of this section.
(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.)