Collapse to view only § 1773. Statutory construction
- § 1771. General Accounting Office study
- § 1772. International cooperation
- § 1773. Statutory construction
- § 1774. Annual report on aliens who fail to appear after release on own recognizance
- § 1775. Retention of nonimmigrant visa applications by the Department of State
- § 1776. Training program
- § 1777. Establishment of Human Smuggling and Trafficking Center
- § 1778. Vulnerability and threat assessment
§ 1771. General Accounting Office study
(a) Requirement for study
(1) In general
(2) Nonimmigrant alien defined
(b) Report
(Pub. L. 107–173, title VI, § 602, May 14, 2002, 116 Stat. 564.)
§ 1772. International cooperation
(a) International electronic data system
The Secretary of State and the Commissioner of Immigration and Naturalization, in consultation with the Assistant to the President for Homeland Security, shall jointly conduct a study of the alternative approaches (including the costs of, and procedures necessary for, each alternative approach) for encouraging or requiring Canada, Mexico, and countries treated as visa waiver program countries under section 217 of the Immigration and Nationality Act [8 U.S.C. 1187] to develop an intergovernmental network of interoperable electronic data systems that—
(1) facilitates real-time access to that country’s law enforcement and intelligence information that is needed by the Department of State and the Immigration and Naturalization Service to screen visa applicants and applicants for admission into the United States to identify aliens who are inadmissible or deportable under the Immigration and Nationality Act (8 U.S.C. 1101 et seq.);
(2) is interoperable with the electronic data system implemented under section 1722 of this title; and
(3) performs in accordance with implementation of the technology standard referred to in section 1722(a) of this title.
(b) Report
(Pub. L. 107–173, title VI, § 603, May 14, 2002, 116 Stat. 564.)
§ 1773. Statutory construction
Nothing in this chapter shall be construed to impose requirements that are inconsistent with the USMCA (as defined in section 4502 of title 19) or to require additional documents for aliens for whom documentary requirements are waived under section 1182(d)(4)(B) of this title.
(Pub. L. 107–173, title VI, § 604, May 14, 2002, 116 Stat. 565; Pub. L. 116–113, title V, § 503(d)(2), Jan. 29, 2020, 134 Stat. 72.)
§ 1774. Annual report on aliens who fail to appear after release on own recognizance
(a) Requirement for report
(b) Initial report
(Pub. L. 107–173, title VI, § 605, May 14, 2002, 116 Stat. 565.)
§ 1775. Retention of nonimmigrant visa applications by the Department of State
The Department of State shall retain, for a period of seven years from the date of application, every application for a nonimmigrant visa under section 101(a)(15) of the Immigration and Nationality Act (8 U.S.C. 1101(a)(15)) in a form that will be admissible in the courts of the United States or in administrative proceedings, including removal proceedings under such Act [8 U.S.C. 1101 et seq.], without regard to whether the application was approved or denied.
(Pub. L. 107–173, title VI, § 606, May 14, 2002, 116 Stat. 565.)
§ 1776. Training program
(1) Review, evaluation, and revision of existing training programsThe Secretary of Homeland Security shall—
(A) review and evaluate the training regarding travel and identity documents, and techniques, patterns, and trends associated with terrorist travel that is provided to personnel of the Department of Homeland Security;
(B) in coordination with the Secretary of State, review and evaluate the training described in subparagraph (A) that is provided to relevant personnel of the Department of State; and
(C) in coordination with the Secretary of State, develop and implement an initial training and periodic retraining program—
(i) to teach border, immigration, and consular officials (who inspect or review travel or identity documents as part of their official duties) how to effectively detect, intercept, and disrupt terrorist travel; and
(ii) to ensure that the officials described in clause (i) regularly receive the most current information on such matters and are periodically retrained on the matters described in paragraph (2).
(2) Required topics of revised programsThe training program developed under paragraph (1)(C) shall include training in—
(A) methods for identifying fraudulent and genuine travel documents;
(B) methods for detecting terrorist indicators on travel documents and other relevant identity documents;
(C) recognition of travel patterns, tactics, and behaviors exhibited by terrorists;
(D) effective utilization of information contained in databases and data systems available to the Department of Homeland Security; and
(E) other topics determined to be appropriate by the Secretary of Homeland Security, in consultation with the Secretary of State or the Director of National Intelligence.
(3) Implementation
(A) Department of Homeland Security
(i) In general
(ii) Report to CongressNot later than 12 months after December 17, 2004, and annually thereafter for a period of 3 years, the Secretary of Homeland Security shall submit a report to Congress that—(I) describes the number of border and immigration officials who inspect or review identity documents as part of their official duties, and the proportion of whom have received the revised training program described in paragraph (1)(C)(i);(II) explains the reasons, if any, for not completing the requisite training described in paragraph (1)(C)(i);(III) provides a timetable for completion of the training described in paragraph (1)(C)(i) for those who have not received such training; and(IV) describes the status of periodic retraining of appropriate personnel described in paragraph (1)(C)(ii).
(B) Department of State
(i) In general
(ii) Report to CongressNot later than 12 months after December 17, 2004, and annually thereafter for a period of 3 years, the Secretary of State shall submit a report to Congress that—(I) describes the number of consular officers who inspect or review travel or identity documents as part of their official duties, and the proportion of whom have received the revised training program described in paragraph (1)(C)(i);(II) explains the reasons, if any, for not completing the requisite training described in paragraph (1)(C)(i);(III) provides a timetable for completion of the training described in paragraph (1)(C)(i) for those who have not received such training; and(IV) describes the status of periodic retraining of appropriate personnel described in paragraph (1)(C)(ii).
(4) Assistance to others
(5) Authorization of appropriations
(Pub. L. 108–458, title VII, § 7201(d), Dec. 17, 2004, 118 Stat. 3811.)
§ 1777. Establishment of Human Smuggling and Trafficking Center
(a) Establishment
(b) Operation
(c) FunctionsIn addition to such other responsibilities as the President may assign, the Center shall—
(1) serve as the focal point for interagency efforts to integrate and disseminate intelligence and information related to terrorist travel;
(2) serve as a clearinghouse with respect to all relevant information from all Federal Government agencies in support of the United States strategy to prevent separate, but related, issues of clandestine terrorist travel and facilitation of migrant smuggling and trafficking of persons;
(3) ensure cooperation among all relevant policy, law enforcement, diplomatic, and intelligence agencies of the Federal Government to improve effectiveness and to convert all information available to the Federal Government relating to clandestine terrorist travel and facilitation, migrant smuggling, and trafficking of persons into tactical, operational, and strategic intelligence that can be used to combat such illegal activities; and
(4) prepare and submit to Congress, on an annual basis, a strategic assessment regarding vulnerabilities in the United States and foreign travel system that may be exploited by international terrorists, human smugglers and traffickers, and their facilitators.
(d) Director
(e) Staffing of the Center
(1) In generalThe Secretary of Homeland Security, in cooperation with heads of other relevant agencies and departments, shall ensure that the Center is staffed with not fewer than 40 full-time equivalent positions, including, as appropriate, detailees from the following:
(A) Agencies and offices within the Department of Homeland Security, including the following:
(i) The Office of Intelligence and Analysis.
(ii) The Transportation Security Administration.
(iii) United States Citizenship and Immigration Services.
(iv) United States Customs and Border Protection.
(v) The United States Coast Guard.
(vi) United States Immigration and Customs Enforcement.
(B) Other departments, agencies, or entities, including the following:
(i) The Central Intelligence Agency.
(ii) The Department of Defense.
(iii) The Department of the Treasury.
(iv) The National Counterterrorism Center.
(v) The National Security Agency.
(vi) The Department of Justice.
(vii) The Department of State.
(viii) Any other relevant agency or department.
(2) Expertise of detaileesThe Secretary of Homeland Security, in cooperation with the head of each agency, department, or other entity referred to in paragraph (1), shall ensure that the detailees provided to the Center under such paragraph include an adequate number of personnel who are—
(A) intelligence analysts or special agents with demonstrated experience related to human smuggling, trafficking in persons, or terrorist travel; and
(B) personnel with experience in the areas of—
(i) consular affairs;
(ii) counterterrorism;
(iii) criminal law enforcement;
(iv) intelligence analysis;
(v) prevention and detection of document fraud;
(vi) border inspection;
(vii) immigration enforcement; or
(viii) human trafficking and combating severe forms of trafficking in persons.
(3) Enhanced personnel management
(A) Incentives for service in certain positions
(i) In general
(ii) Forms of incentives
(B) Enhanced promotion for service at the Center
(f) Administrative support and funding
(g) Report
(1) Initial report
(2) Follow-up reportNot later than 180 days after August 3, 2007, the President shall transmit to Congress a report regarding the operation of the Center and the activities carried out by the Center, including a description of—
(A) the roles and responsibilities of each agency or department that is participating in the Center;
(B) the mechanisms used to share information among each such agency or department;
(C) the personnel provided to the Center by each such agency or department;
(D) the type of information and reports being disseminated by the Center;
(E) any efforts by the Center to create a centralized Federal Government database to store information related to unlawful travel of foreign nationals, including a description of any such database and of the manner in which information utilized in such a database would be collected, stored, and shared;
(F) how each agency and department shall utilize its resources to ensure that the Center uses intelligence to focus and drive its efforts;
(G) efforts to consolidate networked systems for the Center;
(H) the mechanisms for the sharing of homeland security information from the Center to the Office of Intelligence and Analysis, including how such sharing shall be consistent with section 485(b) of title 6;
(I) the ability of participating personnel in the Center to freely access necessary databases and share information regarding issues related to human smuggling, trafficking in persons, and terrorist travel;
(J) how the assignment of personnel to the Center is incorporated into the civil service career path of such personnel; and
(K) cooperation and coordination efforts, including any memorandums of understanding, among participating agencies and departments regarding issues related to human smuggling, trafficking in persons, and terrorist travel.
(h) Relationship to the NCTC
(i) Coordination with the Office of Intelligence and Analysis
(Pub. L. 108–458, title VII, § 7202, Dec. 17, 2004, 118 Stat. 3813; Pub. L. 110–53, title VII, § 721(a)–(c), Aug. 3, 2007, 121 Stat. 346–348.)
§ 1778. Vulnerability and threat assessment
(a) Study
(b) Report to Congress
(c) Authorization of appropriations
(Pub. L. 109–13, div. B, title III, § 301, May 11, 2005, 119 Stat. 316.)