USC Subchapter VI

in effect

8 U.S.C. § 1771 General Accounting Office study

(a) Requirement for study(1) In generalThe Comptroller General of the United States shall conduct a study to determine the feasibility and utility of implementing a requirement that each nonimmigrant alien in the United States submit to the Commissioner of Immigration and Naturalization each year a current address and, where applicable, the name and address of an employer. (2) Nonimmigrant alien definedIn paragraph (1), the term “nonimmigrant alien” means an alien described in section 1101(a)(15) of this title. (b) ReportNot later than 1 year after May 14, 2002, the Comptroller General shall submit to Congress a report on the results of the study under subsection (a). The report shall include the Comptroller General’s findings, together with any recommendations that the Comptroller General considers appropriate.

8 U.S.C. § 1772 International cooperation

(a) International electronic data systemThe 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) ReportNot later than 1 year after May 14, 2002, the Secretary of State and the Attorney General shall submit to the appropriate committees of Congress a report setting forth the findings of the study conducted under subsection (a).

8 U.S.C. § 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.

8 U.S.C. § 1774 Annual report on aliens who fail to appear after release on own recognizance

(a) Requirement for reportNot later than January 15 of each year, the Attorney General shall submit to the appropriate committees of Congress a report on the total number of aliens who, during the preceding year, failed to attend a removal proceeding after having been arrested outside a port of entry, served a notice to appear under section 1229(a)(1) of this title, and released on the alien’s own recognizance. The report shall also take into account the number of cases in which there were defects in notices of hearing or the service of notices of hearing, together with a description and analysis of the effects, if any, that the defects had on the attendance of aliens at the proceedings. (b) Initial reportNotwithstanding the time for submission of the annual report provided in subsection (a), the report for 2001 shall be submitted not later than 6 months after May 14, 2002.

8 U.S.C. § 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.

8 U.S.C. § 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 generalThe Secretary of Homeland Security shall provide all border and immigration officials who inspect or review travel or identity documents as part of their official duties with the training described in paragraph (1)(C). (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 generalThe Secretary of State shall provide all consular officers who inspect or review travel or identity documents as part of their official duties with the training described in paragraph (1)(C). (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 othersThe Secretary of Homeland Security may assist States, Indian tribes, local governments, and private organizations to establish training programs related to terrorist travel intelligence. (5) Authorization of appropriationsThere are authorized to be appropriated such sums as may be necessary for each of the fiscal years 2005 through 2009 to carry out the provisions of this section.

8 U.S.C. § 1777 Establishment of Human Smuggling and Trafficking Center

(a) EstablishmentThere is established a Human Smuggling and Trafficking Center (referred to in this section as the “Center”). (b) OperationThe Secretary of State, the Secretary of Homeland Security, and the Attorney General shall operate the Center in accordance with the Memorandum of Understanding entitled, “Human Smuggling and Trafficking Center (HSTC), Charter”. (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) DirectorThe Secretary of Homeland Security shall nominate an official of the Government of the United States to serve as the Director of the Center, in accordance with the requirements of the memorandum of understanding entitled the “Human Smuggling and Trafficking Center (HSTC) Charter”. (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 generalThe Secretary of Homeland Security, and the heads of other relevant agencies, shall prescribe regulations or promulgate personnel policies to provide incentives for service on the staff of the Center, particularly for serving terms of at least two years duration. (ii) Forms of incentivesIncentives under clause (i) may include financial incentives, bonuses, and such other awards and incentives as the Secretary and the heads of other relevant agencies,11 So in original. The comma probably should not appear. consider appropriate. (B) Enhanced promotion for service at the CenterNotwithstanding any other provision of law, the Secretary of Homeland Security, and the heads of other relevant agencies, shall ensure that personnel who are assigned or detailed to service at the Center shall be considered for promotion at rates equivalent to or better than similarly situated personnel of such agencies who are not so assigned or detailed, except that this subparagraph shall not apply in the case of personnel who are subject to the provisions of the Foreign Service Act of 1980 [22 U.S.C. 3901 et seq.]. (f) Administrative support and fundingThe Secretary of Homeland Security shall provide to the Center the administrative support and funding required for its maintenance, including funding for personnel, leasing of office space, supplies, equipment, technology, training, and travel expenses necessary for the Center to carry out its functions. (g) Report(1) Initial reportNot later than 180 days after December 17, 2004, the President shall transmit to Congress a report regarding the implementation of this section, including a description of the staffing and resource needs of the Center. (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 NCTCAs part of its mission to combat terrorist travel, the Center shall work to support the efforts of the National Counterterrorism Center. (i) Coordination with the Office of Intelligence and AnalysisThe Office of Intelligence and Analysis, in coordination with the Center, shall submit to relevant State, local, and tribal law enforcement agencies periodic reports regarding terrorist threats related to human smuggling, human trafficking, and terrorist travel.

8 U.S.C. § 1778 Vulnerability and threat assessment

(a) StudyThe Under Secretary of Homeland Security for Border and Transportation Security, in consultation with the Under Secretary of Homeland Security for Science and Technology and the Under Secretary of Homeland Security for Information Analysis and Infrastructure Protection, shall study the technology, equipment, and personnel needed to address security vulnerabilities within the United States for each field office of the Bureau of Customs and Border Protection that has responsibility for any portion of the United States borders with Canada and Mexico. The Under Secretary shall conduct follow-up studies at least once every 5 years. (b) Report to CongressThe Under Secretary shall submit a report to Congress on the Under Secretary’s findings and conclusions from each study conducted under subsection (a) together with legislative recommendations, as appropriate, for addressing any security vulnerabilities found by the study. (c) Authorization of appropriationsThere are authorized to be appropriated to the Department of Homeland Security Directorate of Border and Transportation Security such sums as may be necessary for fiscal years 2006 through 2011 to carry out any such recommendations from the first study conducted under subsection (a).