8 U.S.C. § 1701 — Definitions

Page 583 TITLE 8—ALIENS AND NATIONALITY § 1701 Sec. SUBCHAPTER VI—MISCELLANEOUS PROVISIONS 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. § 1701. Definitions In this chapter: (1) Alien The term ‘‘alien’’ has the meaning given the term in section 1101(a)(3) of this title. (2) Appropriate committees of Congress The term ‘‘appropriate committees of Con- gress’’ means the following: (A) The Committee on the Judiciary, the Select Committee on Intelligence, and the Committee on Foreign Relations of the Sen- ate. (B) The Committee on the Judiciary, the Permanent Select Committee on Intel- ligence, and the Committee on International Relations of the House of Representatives. (3) Chimera system The term ‘‘Chimera system’’ means the interoperable electronic data system required to be developed and implemented by section 1722(a)(2) of this title. (4) Federal law enforcement agencies The term ‘‘Federal law enforcement agen- cies’’ means the following: (A) The United States Secret Service. (B) The Drug Enforcement Administra- tion. (C) The Federal Bureau of Investigation. (D) The Immigration and Naturalization Service. (E) The United States Marshall Service. (F) The Naval Criminal Investigative Serv- ice. (G) The Coast Guard. (H) The Diplomatic Security Service. (I) The United States Postal Inspection Service. (J) The Bureau of Alcohol, Tobacco, Fire- arms, and Explosives, Department of Jus- tice. (K) The United States Customs Service. (L) The National Park Service. (5) Intelligence community The term ‘‘intelligence community’’ has the meaning given that term in section 3003(4) of title 50. (6) President The term ‘‘President’’ means the President of the United States, acting through the As- sistant to the President for Homeland Secu- rity, in coordination with the Secretary of State, the Commissioner of Immigration and Naturalization, the Attorney General, the Di- rector of Central Intelligence, the Director of the Federal Bureau of Investigation, the Sec- retary of Transportation, the Commissioner of U.S. Customs and Border Protection, and the Secretary of the Treasury. (7) USA PATRIOT Act The term ‘‘USA PATRIOT Act’’ means the Uniting and Strengthening America by Pro- viding Appropriate Tools Required to Inter- cept and Obstruct Terrorism (USA PATRIOT ACT) Act of 2001 (Public Law 107–56). (Pub. L. 107–173, § 2, May 14, 2002, 116 Stat. 544; Pub. L. 107–296, title XI, § 1112(c), Nov. 25, 2002, 116 Stat. 2276; Pub. L. 108–293, title VI, § 619, Aug. 9, 2004, 118 Stat. 1062; Pub. L. 114–125, title VIII, § 802(d)(2), Feb. 24, 2016, 130 Stat. 210.) Editorial Notes REFERENCES IN TEXT This chapter, referred to in introductory provisions, was in the original ‘‘this Act’’, meaning Pub. L. 107–173, May 14, 2002, 116 Stat. 543, which is classified prin- cipally to this chapter. For complete classification of this Act to the Code, see Short Title note set out below and Tables. The Uniting and Strengthening America by Providing Appropriate Tools Required to Intercept and Obstruct Terrorism (USA PATRIOT ACT) Act of 2001, referred to in par. (7), was Pub. L. 107–56, Oct. 26, 2001, 115 Stat. 272. Pub. L. 107–56 was renamed the Uniting and Strength- ening America by Providing Appropriate Tools Re- quired to Intercept and Obstruct Terrorism Act of 2001 or the USA PATRIOT Act by Pub. L. 109–177, title I, § 101(b), Mar. 9, 2006, 120 Stat. 194. For complete classi- fication of this Act to the Code, see Short Title of 2001 Amendment note set out under section 1 of Title 18, Crimes and Criminal Procedure, and Tables. AMENDMENTS 2004—Par. (4)(G). Pub. L. 108–293 substituted ‘‘The Coast Guard’’ for ‘‘The Coastal Security Service’’. 2002—Par. (4)(J). Pub. L. 107–296 substituted ‘‘Bureau of Alcohol, Tobacco, Firearms, and Explosives, Depart- ment of Justice’’ for ‘‘Bureau of Alcohol, Tobacco, and Firearms’’. Statutory Notes and Related Subsidiaries CHANGE OF NAME ‘‘Commissioner of U.S. Customs and Border Protec- tion’’ substituted for ‘‘Commissioner of Customs’’ in par. (6) on authority of section 802(d)(2) of Pub. L. 114–125, set out as a note under section 211 of Title 6, Domestic Security. Committee on International Relations of House of Representatives changed to Committee on Foreign Af- fairs of House of Representatives by House Resolution No. 6, One Hundred Tenth Congress, Jan. 5, 2007. Reference to the Director of Central Intelligence or the Director of the Central Intelligence Agency in the Director’s capacity as the head of the intelligence com- munity deemed to be a reference to the Director of Na- tional Intelligence. Reference to the Director of Cen- tral Intelligence or the Director of the Central Intel- ligence Agency in the Director’s capacity as the head of the Central Intelligence Agency deemed to be a ref- erence to the Director of the Central Intelligence Agen- cy. See section 1081(a), (b) of Pub. L. 108–458, set out as a note under section 3001 of Title 50, War and National Defense. EFFECTIVE DATE OF 2002 AMENDMENT Amendment by Pub. L. 107–296 effective 60 days after Nov. 25, 2002, see section 4 of Pub. L. 107–296, set out as an Effective Date note under section 101 of Title 6, Do- mestic Security. Page 584 TITLE 8—ALIENS AND NATIONALITY § 1711 SHORT TITLE Pub. L. 107–173, § 1(a), May 14, 2002, 116 Stat. 543, pro- vided that: ‘‘This Act [enacting this chapter, amending sections 1187, 1201, 1221, 1356, 1372, and 1379 of this title, enacting provisions set out as notes under section 1221 of this title, and amending provisions set out as notes under sections 1101, 1351, and 1365a of this title] may be cited as the ‘Enhanced Border Security and Visa Entry Reform Act of 2002’.’’ TRANSFER OF FUNCTIONS For transfer of functions, personnel, assets, and li- abilities of the United States Customs Service of the Department of the Treasury, including functions of the Secretary of the Treasury relating thereto, to the Sec- retary of Homeland Security, and for treatment of re- lated references, see sections 203(1), 551(d), 552(d), and 557 of Title 6, Domestic Security, and the Department of Homeland Security Reorganization Plan of Novem- ber 25, 2002, as modified, set out as a note under section 542 of Title 6. For establishment of U.S. Customs and Border Protection in the Department of Homeland Se- curity, treated as if included in Pub. L. 107–296 as of Nov. 25, 2002, see section 211 of Title 6, as amended gen- erally by Pub. L. 114–125, and section 802(b) of Pub. L. 114–125, set out as a note under section 211 of Title 6. For transfer of the functions, personnel, assets, and obligations of the United States Secret Service, includ- ing the functions of the Secretary of the Treasury re- lating thereto, to the Secretary of Homeland Security, and for treatment of related references, see sections 381, 551(d), 552(d), and 557 of Title 6, Domestic Security, and the Department of Homeland Security Reorganiza- tion Plan of November 25, 2002, as modified, set out as a note under section 542 of Title 6. ABOLITION 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. ACHIEVING OPERATIONAL CONTROL ON THE BORDER Pub. L. 109–367, § 2, Oct. 26, 2006, 120 Stat. 2638, pro- vided that: ‘‘(a) IN GENERAL.—Not later than 18 months after the date of the enactment of this Act [Oct. 26, 2006], the Secretary of Homeland Security shall take all actions the Secretary determines necessary and appropriate to achieve and maintain operational control over the en- tire international land and maritime borders of the United States, to include the following— ‘‘(1) systematic surveillance of the international land and maritime borders of the United States through more effective use of personnel and tech- nology, such as unmanned aerial vehicles, ground- based sensors, satellites, radar coverage, and cam- eras; and ‘‘(2) physical infrastructure enhancements to pre- vent unlawful entry by aliens into the United States and facilitate access to the international land and maritime borders by United States Customs and Bor- der Protection, such as additional checkpoints, all weather access roads, and vehicle barriers. ‘‘(b) OPERATIONAL CONTROL DEFINED.—In this section, the term ‘operational control’ means the prevention of all unlawful entries into the United States, including entries by terrorists, other unlawful aliens, instru- ments of terrorism, narcotics, and other contraband. ‘‘(c) REPORT.—Not later than one year after the date of the enactment of this Act and annually thereafter, the Secretary shall submit to Congress a report on the progress made toward achieving and maintaining oper- ational control over the entire international land and maritime borders of the United States in accordance with this section.’’ BORDER SURVEILLANCE Pub. L. 108–458, title V, § 5201, Dec. 17, 2004, 118 Stat. 3733, provided that: ‘‘(a) IN GENERAL.—Not later than 6 months after the date of enactment of this Act [Dec. 17, 2004], the Sec- retary of Homeland Security shall submit to the Presi- dent and the appropriate committees of Congress a comprehensive plan for the systematic surveillance of the southwest border of the United States by remotely piloted aircraft. ‘‘(b) CONTENTS.—The plan submitted under subsection (a) shall include— ‘‘(1) recommendations for establishing command and control centers, operations sites, infrastructure, maintenance, and procurement; ‘‘(2) cost estimates for the implementation of the plan and ongoing operations; ‘‘(3) recommendations for the appropriate agent within the Department of Homeland Security to be the executive agency for remotely piloted aircraft op- erations; ‘‘(4) the number of remotely piloted aircraft re- quired for the plan; ‘‘(5) the types of missions the plan would under- take, including— ‘‘(A) protecting the lives of people seeking illegal entry into the United States; ‘‘(B) interdicting illegal movement of people, weapons, and other contraband across the border; ‘‘(C) providing investigative support to assist in the dismantling of smuggling and criminal net- works along the border; ‘‘(D) using remotely piloted aircraft to serve as platforms for the collection of intelligence against smugglers and criminal networks along the border; and ‘‘(E) further validating and testing of remotely piloted aircraft for airspace security missions; ‘‘(6) the equipment necessary to carry out the plan; and ‘‘(7) a recommendation regarding whether to ex- pand the pilot program along the entire southwest border. ‘‘(c) IMPLEMENTATION.—The Secretary of Homeland Security shall implement the plan submitted under subsection (a) as a pilot program as soon as sufficient funds are appropriated and available for this purpose. ‘‘(d) AUTHORIZATION OF APPROPRIATIONS.—There are authorized to be appropriated such sums as may be nec- essary to carry out the provisions of this section.’’ SUBCHAPTER I—FUNDING § 1711. Authorization of appropriations for hiring and training Government personnel (a) Additional personnel (1) INS inspectors Subject to the availability of appropriations, during each of the fiscal years 2003 through 2006, the Attorney General shall increase the number of inspectors and associated support staff in the Immigration and Naturalization Service by the equivalent of at least 200 full- time employees over the number of inspectors and associated support staff in the Immigra- tion and Naturalization Service authorized by the USA PATRIOT Act. (2) INS investigative personnel Subject to the availability of appropriations, during each of the fiscal years 2003 through 2006, the Attorney General shall increase the number of investigative and associated sup- port staff of the Immigration and Naturaliza- tion Service by the equivalent of at least 200 full-time employees over the number of inves- tigators and associated support staff in the Immigration and Naturalization Service au- thorized by the USA PATRIOT Act.