8 U.S.C. § 1776 — Training program

Page 598 TITLE 8—ALIENS AND NATIONALITY § 1773 (3) performs in accordance with implementa- tion of the technology standard referred to in section 1722(a) of this title. (b) Report Not 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). (Pub. L. 107–173, title VI, § 603, May 14, 2002, 116 Stat. 564.) Editorial Notes REFERENCES IN TEXT The Immigration and Nationality Act, referred to in subsec. (a)(1), is act June 27, 1952, ch. 477, 66 Stat. 163, which is classified principally to chapter 12 (§ 1101 et seq.) of this title. For complete classification of this Act to the Code, see Short Title note set out under sec- tion 1101 of this title and Tables. Statutory Notes and Related Subsidiaries 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. § 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.) Editorial Notes REFERENCES IN TEXT This chapter, referred to in text, was in the original ‘‘this Act’’, meaning Pub. L. 107–173, May 14, 2002, 116 Stat. 543, which is classified principally to this chapter. For complete classification of this Act to the Code, see Short Title note set out under section 1701 of this title and Tables. AMENDMENTS 2020—Pub. L. 116–113 substituted ‘‘USMCA (as defined in section 4502 of title 19)’’ for ‘‘North American Free Trade Agreement’’. Statutory Notes and Related Subsidiaries EFFECTIVE DATE OF 2020 AMENDMENT Amendment by Pub. L. 116–113 effective on the date the USMCA enters into force (July 1, 2020) and applica- ble to visas issued on or after that date, see section 503(f) of Pub. L. 116–113, set out as a note under section 1184 of this title. § 1774. Annual report on aliens who fail to ap- pear after release on own recognizance (a) Requirement for report Not later than January 15 of each year, the Attorney General shall submit to the appro- priate 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 re- cognizance. The report shall also take into ac- count the number of cases in which there were defects in notices of hearing or the service of no- tices of hearing, together with a description and analysis of the effects, if any, that the defects had on the attendance of aliens at the pro- ceedings. (b) Initial report Notwithstanding 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. (Pub. L. 107–173, title VI, § 605, May 14, 2002, 116 Stat. 565.) Statutory Notes and Related Subsidiaries 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. § 1775. Retention of nonimmigrant visa applica- tions by the Department of State The Department of State shall retain, for a pe- riod of seven years from the date of application, every application for a nonimmigrant visa under section 101(a)(15) of the Immigration and Na- tionality 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, includ- ing 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.) Editorial Notes REFERENCES IN TEXT The Immigration and Nationality Act, referred to in text, is act June 27, 1952, ch. 477, 66 Stat. 163, which is classified principally to chapter 12 (§ 1101 et seq.) of this title. For complete classification of this Act to the Code, see Short Title note set out under section 1101 of this title and Tables. § 1776. Training program (1) Review, evaluation, and revision of existing training programs The Secretary of Homeland Security shall— (A) review and evaluate the training regard- ing travel and identity documents, and tech- niques, 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 de- scribed 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 train- ing and periodic retraining program— Page 599 TITLE 8—ALIENS AND NATIONALITY § 1776 (i) to teach border, immigration, and con- sular officials (who inspect or review travel or identity documents as part of their offi- cial duties) how to effectively detect, inter- cept, 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 peri- odically retrained on the matters described in paragraph (2). (2) Required topics of revised programs The training program developed under para- graph (1)(C) shall include training in— (A) methods for identifying fraudulent and genuine travel documents; (B) methods for detecting terrorist indica- tors on travel documents and other relevant identity documents; (C) recognition of travel patterns, tactics, and behaviors exhibited by terrorists; (D) effective utilization of information con- tained in databases and data systems available to the Department of Homeland Security; and (E) other topics determined to be appro- priate 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 The Secretary of Homeland Security shall provide all border and immigration officials who inspect or review travel or identity doc- uments as part of their official duties with the training described in paragraph (1)(C). (ii) Report to Congress Not later than 12 months after December 17, 2004, and annually thereafter for a period of 3 years, the Secretary of Homeland Secu- rity shall submit a report to Congress that— (I) describes the number of border and immigration officials who inspect or re- view 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 de- scribed 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 re- training of appropriate personnel described in paragraph (1)(C)(ii). (B) Department of State (i) In general The Secretary of State shall provide all consular officers who inspect or review trav- el or identity documents as part of their of- ficial duties with the training described in paragraph (1)(C). (ii) Report to Congress Not later than 12 months after December 17, 2004, and annually thereafter for a period of 3 years, the Secretary of State shall sub- mit a report to Congress that— (I) describes the number of consular offi- cers who inspect or review travel or iden- tity documents as part of their official du- ties, and the proportion of whom have re- ceived the revised training program de- scribed in paragraph (1)(C)(i); (II) explains the reasons, if any, for not completing the requisite training de- scribed 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 re- training of appropriate personnel described in paragraph (1)(C)(ii). (4) Assistance to others The Secretary of Homeland Security may as- sist States, Indian tribes, local governments, and private organizations to establish training programs related to terrorist travel intelligence. (5) Authorization of appropriations There are authorized to be appropriated such sums as may be necessary for each of the fiscal years 2005 through 2009 to carry out the provi- sions of this section. (Pub. L. 108–458, title VII, § 7201(d), Dec. 17, 2004, 118 Stat. 3811.) Editorial Notes CODIFICATION Section was enacted as part of the Intelligence Re- form and Terrorism Prevention Act of 2004, and also as part of the 9/11 Commission Implementation Act of 2004, and not as part of the Enhanced Border Security and Visa Entry Reform Act of 2002 which comprises this chapter. Statutory Notes and Related Subsidiaries FINDINGS Pub. L. 108–458, title VII, § 7201(a), Dec. 17, 2004, 118 Stat. 3808, provided that: ‘‘Consistent with the report of the National Commission on Terrorist Attacks Upon the United States, Congress makes the following find- ings: ‘‘(1) Travel documents are as important to terror- ists as weapons since terrorists must travel clandes- tinely to meet, train, plan, case targets, and gain ac- cess to attack sites. ‘‘(2) International travel is dangerous for terrorists because they must surface to pass through regulated channels, present themselves to border security offi- cials, or attempt to circumvent inspection points. ‘‘(3) Terrorists use evasive, but detectable, methods to travel, such as altered and counterfeit passports and visas, specific travel methods and routes, liaisons with corrupt government officials, human smuggling networks, supportive travel agencies, and immigra- tion and identity fraud. ‘‘(4) Before September 11, 2001, no Federal agency systematically analyzed terrorist travel strategies. If an agency had done so, the agency could have discov- ered the ways in which the terrorist predecessors to al Qaeda had been systematically, but detectably, ex- ploiting weaknesses in our border security since the early 1990s. ‘‘(5) Many of the hijackers were potentially vulner- able to interception by border authorities. Analyzing their characteristic travel documents and travel pat- terns could have allowed authorities to intercept some of the hijackers and a more effective use of in- Page 600 TITLE 8—ALIENS AND NATIONALITY § 1777 formation available in government databases could have identified some of the hijackers. ‘‘(6) The routine operations of our immigration laws and the aspects of those laws not specifically aimed at protecting against terrorism inevitably shaped al Qaeda’s planning and opportunities. ‘‘(7) New insights into terrorist travel gained since September 11, 2001, have not been adequately inte- grated into the front lines of border security. ‘‘(8) The small classified terrorist travel intel- ligence collection and analysis program currently in place has produced useful results and should be ex- panded.’’ § 1777. Establishment of Human Smuggling and Trafficking Center (a) Establishment There is established a Human Smuggling and Trafficking Center (referred to in this section as the ‘‘Center’’). (b) Operation The 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) Functions In 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 intel- ligence and information related to terrorist travel; (2) serve as a clearinghouse with respect to all relevant information from all Federal Gov- ernment agencies in support of the United States strategy to prevent separate, but re- lated, issues of clandestine terrorist travel and facilitation of migrant smuggling and traf- ficking of persons; (3) ensure cooperation among all relevant policy, law enforcement, diplomatic, and in- telligence agencies of the Federal Government to improve effectiveness and to convert all in- formation available to the Federal Govern- ment relating to clandestine terrorist travel and facilitation, migrant smuggling, and traf- ficking 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 an- nual basis, a strategic assessment regarding vulnerabilities in the United States and for- eign travel system that may be exploited by international terrorists, human smugglers and traffickers, and their facilitators. (d) Director The 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 general The Secretary of Homeland Security, in co- operation with heads of other relevant agen- cies and departments, shall ensure that the Center is staffed with not fewer than 40 full- time equivalent positions, including, as appro- priate, detailees from the following: (A) Agencies and offices within the Depart- ment of Homeland Security, including the following: (i) The Office of Intelligence and Anal- ysis. (ii) The Transportation Security Admin- istration. (iii) United States Citizenship and Immi- gration Services. (iv) United States Customs and Border Protection. (v) The United States Coast Guard. (vi) United States Immigration and Cus- toms Enforcement. (B) Other departments, agencies, or enti- ties, including the following: (i) The Central Intelligence Agency. (ii) The Department of Defense. (iii) The Department of the Treasury. (iv) The National Counterterrorism Cen- ter. (v) The National Security Agency. (vi) The Department of Justice. (vii) The Department of State. (viii) Any other relevant agency or de- partment. (2) Expertise of detailees The Secretary of Homeland Security, in co- operation with the head of each agency, de- partment, or other entity referred to in para- graph (1), shall ensure that the detailees pro- vided to the Center under such paragraph in- clude 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 The 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, particu- larly for serving terms of at least two years duration. (ii) Forms of incentives Incentives under clause (i) may include financial incentives, bonuses, and such other awards and incentives as the Sec-