CHAPTER 15 —ENHANCED BORDER SECURITY AND VISA ENTRY REFORM
SUBCHAPTER I—FUNDING
SUBCHAPTER II—INTERAGENCY INFORMATION SHARING
SUBCHAPTER III—VISA ISSUANCE
SUBCHAPTER IV—INSPECTION AND ADMISSION OF ALIENS
SUBCHAPTER V—FOREIGN STUDENTS AND EXCHANGE VISITORS
SUBCHAPTER VI—MISCELLANEOUS PROVISIONS
§1701. Definitions
In this chapter:
(1) Alien
The term "alien" has the meaning given the term in
(2) Appropriate committees of Congress
The term "appropriate committees of Congress" means the following:
(A) The Committee on the Judiciary, the Select Committee on Intelligence, and the Committee on Foreign Relations of the Senate.
(B) The Committee on the Judiciary, the Permanent Select Committee on Intelligence, 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
(4) Federal law enforcement agencies
The term "Federal law enforcement agencies" means the following:
(A) The United States Secret Service.
(B) The Drug Enforcement Administration.
(C) The Federal Bureau of Investigation.
(D) The Immigration and Naturalization Service.
(E) The United States Marshall Service.
(F) The Naval Criminal Investigative Service.
(G) The Coast Guard.
(H) The Diplomatic Security Service.
(I) The United States Postal Inspection Service.
(J) The Bureau of Alcohol, Tobacco, Firearms, and Explosives, Department of Justice.
(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
(6) President
The term "President" means the President of the United States, acting through the Assistant to the President for Homeland Security, in coordination with the Secretary of State, the Commissioner of Immigration and Naturalization, the Attorney General, the Director of Central Intelligence, the Director of the Federal Bureau of Investigation, the Secretary 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 Providing Appropriate Tools Required to Intercept and Obstruct Terrorism (USA PATRIOT ACT) Act of 2001 (
(
Editorial Notes
References in Text
This chapter, referred to in introductory provisions, was in the original "this Act", meaning
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
Amendments
2004—Par. (4)(G).
2002—Par. (4)(J).
Statutory Notes and Related Subsidiaries
Change of Name
"Commissioner of U.S. Customs and Border Protection" substituted for "Commissioner of Customs" in par. (6) on authority of section 802(d)(2) of
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.
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 community deemed to be a reference to the Director of National Intelligence. 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 Central Intelligence Agency deemed to be a reference to the Director of the Central Intelligence Agency. See section 1081(a), (b) of
Effective Date of 2002 Amendment
Amendment by
Short Title
Transfer of Functions
For transfer of functions, personnel, assets, and liabilities of the United States Customs Service of the Department of the Treasury, including functions of the Secretary of the Treasury relating thereto, to the Secretary of Homeland Security, and for treatment of related references, see
For transfer of the functions, personnel, assets, and obligations of the United States Secret Service, including the functions of the Secretary of the Treasury relating thereto, to the Secretary of Homeland Security, and for treatment of related references, see
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
Achieving Operational Control on the Border
"(a)
"(1) systematic surveillance of the international land and maritime borders of the United States through more effective use of personnel and technology, such as unmanned aerial vehicles, ground-based sensors, satellites, radar coverage, and cameras; and
"(2) physical infrastructure enhancements to prevent unlawful entry by aliens into the United States and facilitate access to the international land and maritime borders by United States Customs and Border Protection, such as additional checkpoints, all weather access roads, and vehicle barriers.
"(b)
"(c)
Border Surveillance
"(a)
"(b)
"(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 operations;
"(4) the number of remotely piloted aircraft required for the plan;
"(5) the types of missions the plan would undertake, 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 networks 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 expand the pilot program along the entire southwest border.
"(c)
"(d)
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 Immigration 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 support staff of the Immigration and Naturalization Service by the equivalent of at least 200 full-time employees over the number of investigators and associated support staff in the Immigration and Naturalization Service authorized by the USA PATRIOT Act.
(3) Authorization of appropriations
There are authorized to be appropriated such sums as may be necessary to carry out this subsection, including such sums as may be necessary to provide facilities, attorney personnel and support staff, and other resources needed to support the increased number of inspectors, investigative staff, and associated support staff.
(b) Authorization of appropriations for INS staffing
(1) 1 In general
There are authorized to be appropriated for the Department of Justice such sums as may be necessary to provide an increase in the annual rate of basic pay effective October 1, 2002—
(A) for all journeyman Border Patrol agents and inspectors who have completed at least one year's service and are receiving an annual rate of basic pay for positions at GS–9 of the General Schedule under
(B) for inspections assistants, from the annual rate of basic pay payable for positions at GS–5 of the General Schedule under
(C) for the support staff associated with the personnel described in subparagraphs (A) and (B), at the appropriate GS level of the General Schedule under such section 5332.
(c) Authorization of appropriations for training
There are authorized to be appropriated such sums as may be necessary—
(1) to appropriately train Immigration and Naturalization Service personnel on an ongoing basis—
(A) to ensure that their proficiency levels are acceptable to protect the borders of the United States; and
(B) otherwise to enforce and administer the laws within their jurisdiction;
(2) to provide adequate continuing cross-training to agencies staffing the United States border and ports of entry to effectively and correctly apply applicable United States laws;
(3) to fully train immigration officers to use the appropriate lookout databases and to monitor passenger traffic patterns; and
(4) to expand the Carrier Consultant Program described in
(d) Authorization of appropriations for consular functions
(1) Responsibilities
The Secretary of State shall—
(A) implement enhanced security measures for the review of visa applicants;
(B) staff the facilities and programs associated with the activities described in subparagraph (A); and
(C) provide ongoing training for consular officers and diplomatic security agents.
(2) Authorization of appropriations
There are authorized to be appropriated for the Department of State such sums as may be necessary to carry out paragraph (1).
(
Editorial Notes
References in Text
The USA PATRIOT Act, referred to in subsec. (a)(1), (2), is
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
1 So in original. No par. (2) has been enacted.
2 See References in Text note below.
§1712. Authorization of appropriations for improvements in technology and infrastructure
(a) Funding of technology
(1) Authorization of appropriations
In addition to funds otherwise available for such purpose, there are authorized to be appropriated $150,000,000 to the Immigration and Naturalization Service for purposes of—
(A) making improvements in technology (including infrastructure support, computer security, and information technology development) for improving border security;
(B) expanding, utilizing, and improving technology to improve border security; and
(C) facilitating the flow of commerce and persons at ports of entry, including improving and expanding programs for preenrollment and preclearance.
(2) Waiver of fees
Federal agencies involved in border security may waive all or part of enrollment fees for technology-based programs to encourage participation by United States citizens and aliens in such programs. Any agency that waives any part of any such fee may establish its fees for other services at a level that will ensure the recovery from other users of the amounts waived.
(3) Offset of increases in fees
The Attorney General may, to the extent reasonable, increase land border fees for the issuance of arrival-departure documents to offset technology costs.
(b) Improvement and expansion of INS, State Department, and customs facilities
There are authorized to be appropriated to the Immigration and Naturalization Service and the Department of State such sums as may be necessary to improve and expand facilities for use by the personnel of those agencies.
(
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
Use of Ground Surveillance Technologies for Border Security
"(a)
"(1) consider various current and proposed ground surveillance technologies that could be utilized to enhance the border security of the United States;
"(2) assess the threats to the border security of the United States that could be addressed by the utilization of such technologies; and
"(3) assess the feasibility and advisability of utilizing such technologies to address such threats, including an assessment of the technologies considered best suited to address such threats.
"(b)
"(1)
"(A) the significance of previous experiences with such technologies in homeland security or critical infrastructure protection for the utilization of such technologies for border security;
"(B) the cost, utility, and effectiveness of such technologies for border security; and
"(C) liability, safety, and privacy concerns relating to the utilization of such technologies for border security.
"(2)
"(A) Video camera technology.
"(B) Sensor technology.
"(C) Motion detection technology.
"(c)
"(d)
Advanced Technology Northern Border Security Pilot Program
"SEC. 5101. ESTABLISHMENT.
"The Secretary of Homeland Security may carry out a pilot program to test various advanced technologies that will improve border security between ports of entry along the northern border of the United States.
"SEC. 5102. PROGRAM REQUIREMENTS.
"(a)
"(1) Use of advanced technological systems, including sensors, video, and unmanned aerial vehicles, for border surveillance.
"(2) Use of advanced computing and decision integration software for—
"(A) evaluation of data indicating border incursions;
"(B) assessment of threat potential; and
"(C) rapid real-time communication, monitoring, intelligence gathering, deployment, and response.
"(3) Testing of advanced technology systems and software to determine best and most cost-effective uses of advanced technology to improve border security.
"(4) Operation of the program in remote stretches of border lands with long distances between 24-hour ports of entry with a relatively small presence of United States border patrol officers.
"(5) Capability to expand the program upon a determination by the Secretary that expansion would be an appropriate and cost-effective means of improving border security.
"(b)
"(1) is coordinated among United States, State, local, and Canadian law enforcement and border security agencies; and
"(2) includes ongoing communication among such agencies.
"SEC. 5103. ADMINISTRATIVE PROVISIONS.
"(a)
"(b)
"SEC. 5104. REPORT.
"(a)
"(b)
"(1) A discussion of the implementation of the pilot program, including the experience under the pilot program.
"(2) A recommendation regarding whether to expand the pilot program along the entire northern border of the United States and a timeline for the implementation of the expansion.
"SEC. 5105. AUTHORIZATION OF APPROPRIATIONS.
"There is authorized to be appropriated such sums as may be necessary to carry out the pilot program under this subtitle."
§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 deposited in the Consular and Border Security Programs account 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.
(
Editorial Notes
Codification
Section is comprised of section 103 of
Amendments
2017—Subsec. (d).
§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 deposited in the Consular and Border Security Programs 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.
(
Editorial Notes
Codification
Section appears under the headings "Administration of Foreign Affairs" and "Diplomatic and Consular Programs" in title IV of div. B of
Amendments
2017—
Statutory Notes and Related Subsidiaries
Authority to Administratively Amend Surcharges
"(a)
"(b)
"(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."
§1715. Consular and Border Security Programs
(a) Separate fund
There is established in the Treasury a separate fund to be known as the "Consular and Border Security Programs" account into which the following fees shall be deposited for the purposes of the consular and border security programs.
(b) to (g) Omitted
(h) Transfer of funds
(1) The unobligated balances of amounts available from fees referenced under this section may be transferred to the Consular and Border Security Programs account.
(2) Funds deposited in or transferred to the Consular and Border Security Programs account may be transferred between funds appropriated under the heading "Administration of Foreign Affairs".
(3) The transfer authorities in this section shall be in addition to any other transfer authority available to the Department of State.
(i) Effective date
The amendments made by this section shall take effect no later than October 1, 2018, and shall be implemented in a manner that ensures the fees collected, transferred, and used in fiscal year 2019 can be readily tracked.
(
Editorial Notes
Codification
Section appears under the heading "Consular and Border Security Programs" in title VII of div. J of
Section is comprised of section 7081 of title VII of div. J of
Statutory Notes and Related Subsidiaries
Transfer of Balances
Similar provisions were contained in the following prior acts:
SUBCHAPTER II—INTERAGENCY INFORMATION SHARING
§1721. Interim measures for access to and coordination of law enforcement and other information
(a) Interim directive
Until the plan required by subsection (c) is implemented, Federal law enforcement agencies and the intelligence community shall, to the maximum extent practicable, share any information with the Department of State and the Immigration and Naturalization Service relevant to the admissibility and deportability of aliens, consistent with the plan described in subsection (c).
(b) Report identifying law enforcement and intelligence information
(1) In general
Not later than 120 days after May 14, 2002, the President shall submit to the appropriate committees of Congress a report identifying Federal law enforcement and the intelligence community information needed by the Department of State to screen visa applicants, or by the Immigration and Naturalization Service to screen applicants for admission to the United States, and to identify those aliens inadmissible or deportable under the Immigration and Nationality Act [
(2) Omitted
(c) Coordination plan
(1) Requirement for plan
Not later than one year after October 26, 2001, the President shall develop and implement a plan based on the findings of the report under subsection (b) that requires Federal law enforcement agencies and the intelligence community to provide to the Department of State and the Immigration and Naturalization Service all information identified in that report as expeditiously as practicable.
(2) Consultation requirement
In the preparation and implementation of the plan under this subsection, the President shall consult with the appropriate committees of Congress.
(3) Protections regarding information and uses thereof
The plan under this subsection shall establish conditions for using the information described in subsection (b) received by the Department of State and Immigration and Naturalization Service—
(A) to limit the redissemination of such information;
(B) to ensure that such information is used solely to determine whether to issue a visa to an alien or to determine the admissibility or deportability of an alien to the United States, except as otherwise authorized under Federal law;
(C) to ensure the accuracy, security, and confidentiality of such information;
(D) to protect any privacy rights of individuals who are subjects of such information;
(E) to provide data integrity through the timely removal and destruction of obsolete or erroneous names and information; and
(F) in a manner that protects the sources and methods used to acquire intelligence information as required by
(4) Criminal penalties for misuse of information
Any person who obtains information under this subsection without authorization or exceeding authorized access (as defined in
(
Editorial Notes
References in Text
The Immigration and Nationality Act, referred to in subsec. (b)(1), is act June 27, 1952, ch. 477,
Codification
Section is comprised of section 201 of
Amendments
2003—Subsec. (c)(3)(F).
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
Enhancement of Communications Integration and Information Sharing on Border Security
"(a)
"(1) to improve the communications systems of the departments and agencies of the Federal Government in order to facilitate the integration of communications among the departments and agencies of the Federal Government and State, local government agencies, and Indian tribal agencies on matters relating to border security; and
"(2) to enhance information sharing among the departments and agencies of the Federal Government, State and local government agencies, and Indian tribal agencies on such matters.
"(b)
1 See References in Text note below.
§1722. Interoperable law enforcement and intelligence data system with name-matching capacity and training
(a) Interoperable law enforcement and intelligence electronic data system
(1) Requirement for integrated immigration and naturalization data system
The Immigration and Naturalization Service shall fully integrate all databases and data systems maintained by the Service that process or contain information on aliens. The fully integrated data system shall be an interoperable component of the electronic data system described in paragraph (2).
(2) Requirement for interoperable data system
Upon the date of commencement of implementation of the plan required by
(3) Consultation requirement
In the development and implementation of the data system under this subsection, the President shall consult with the Director of the National Institute of Standards and Technology (NIST) and any such other agency as may be deemed appropriate.
(4) Technology standard
(A) In general
The data system developed and implemented under this subsection, and the databases referred to in paragraph (2), shall utilize the technology standard established pursuant to
(B) Omitted
(5) Access to information in data system
Subject to paragraph (6), information in the data system under this subsection shall be readily and easily accessible—
(A) to any consular officer responsible for the issuance of visas;
(B) to any Federal official responsible for determining an alien's admissibility to or deportability from the United States; and
(C) to any Federal law enforcement or intelligence officer determined by regulation to be responsible for the investigation or identification of aliens.
(6) Limitation on access
The President shall, in accordance with applicable Federal laws, establish procedures to restrict access to intelligence information in the data system under this subsection, and the databases referred to in paragraph (2), under circumstances in which such information is not to be disclosed directly to Government officials under paragraph (5).
(b) Name-search capacity and support
(1) In general
The interoperable electronic data system required by subsection (a) shall—
(A) have the capacity to compensate for disparate name formats among the different databases referred to in subsection (a);
(B) be searchable on a linguistically sensitive basis;
(C) provide adequate user support;
(D) to the extent practicable, utilize commercially available technology; and
(E) be adjusted and improved, based upon experience with the databases and improvements in the underlying technologies and sciences, on a continuing basis.
(2) Linguistically sensitive searches
(A) In general
To satisfy the requirement of paragraph (1)(B), the interoperable electronic database shall be searchable based on linguistically sensitive algorithms that—
(i) account for variations in name formats and transliterations, including varied spellings and varied separation or combination of name elements, within a particular language; and
(ii) incorporate advanced linguistic, mathematical, statistical, and anthropological research and methods.
(B) Languages required
(i) Priority languages
Linguistically sensitive algorithms shall be developed and implemented for no fewer than 4 languages designated as high priorities by the Secretary of State, after consultation with the Attorney General and the Director of Central Intelligence.
(ii) Implementation schedule
Of the 4 linguistically sensitive algorithms required to be developed and implemented under clause (i)—
(I) the highest priority language algorithms shall be implemented within 18 months after May 14, 2002; and
(II) an additional language algorithm shall be implemented each succeeding year for the next three years.
(3) Adequate user support
The Secretary of State and the Attorney General shall jointly prescribe procedures to ensure that consular and immigration officers can, as required, obtain assistance in resolving identity and other questions that may arise about the names of aliens seeking visas or admission to the United States that may be subject to variations in format, transliteration, or other similar phenomenon.
(4) Interim reports
Six months after May 14, 2002, the President shall submit a report to the appropriate committees of Congress on the progress in implementing each requirement of this section.
(5) Reports by intelligence agencies
(A) Current standards
Not later than 60 days after May 14, 2002, the Director of Central Intelligence shall complete the survey and issue the report previously required by section 309(a) of the Intelligence Authorization Act for Fiscal Year 1998 (
(B) Guidelines
Not later than 120 days after May 14, 2002, the Director of Central Intelligence shall issue the guidelines and submit the copy of those guidelines previously required by section 309(b) of the Intelligence Authorization Act for Fiscal Year 1998.
(6) Authorization of appropriations
There are authorized to be appropriated such sums as are necessary to carry out the provisions of this subsection.
(
Editorial Notes
References in Text
Section 309 of the Intelligence Authorization Act for Fiscal Year 1998, referred to in subsec. (b)(5), is section 309 of
Codification
Section is comprised of section 202 of
Statutory Notes and Related Subsidiaries
Change of Name
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 community deemed to be a reference to the Director of National Intelligence. 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 Central Intelligence Agency deemed to be a reference to the Director of the Central Intelligence Agency. See section 1081(a), (b) of
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
1 See References in Text note below.
§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
(2) provide oversight of the interoperable electronic data system described in
(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.
(
§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
(b) Limitation on rate of pay
Except as otherwise provided by law, no employee compensated under subsection (a) 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
(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.
(
Editorial Notes
References in Text
Level III of the Executive Schedule, referred to in subsec. (b), is set out in
Statutory Notes and Related Subsidiaries
Change of Name
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.
SUBCHAPTER III—VISA ISSUANCE
§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 (
(1) implement, fund, and use a technology standard under
(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
(b) Implementation
In implementing the provisions of subsection (a), 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
(
Editorial Notes
References in Text
The Immigration and Naturalization Service Data Management Improvement Act of 2000, referred to in subsec. (a), is
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
§1732. Machine-readable, tamper-resistant entry and exit documents
(a) Report
(1) In general
Not later than 180 days after May 14, 2002, the Attorney General, the Secretary of State, and the National Institute of Standards and Technology (NIST), acting jointly, shall submit to the appropriate committees of Congress a comprehensive report assessing the actions that will be necessary, and the considerations to be taken into account, to achieve fully, not later than October 26, 2004—
(A) implementation of the requirements of subsections (b) and (c); and
(B) deployment of the equipment and software to allow biometric comparison and authentication of the documents described in subsections (b) and (c).
(2) Estimates
In addition to the assessment required by paragraph (1), the report required by that paragraph shall include an estimate of the costs to be incurred, and the personnel, man-hours, and other support required, by the Department of Justice, the Department of State, and NIST to achieve the objectives of subparagraphs (A) and (B) of paragraph (1).
(b) Requirements
(1) In general
Not later than October 26, 2004, the Attorney General and the Secretary of State shall issue to aliens only machine-readable, tamper-resistant visas and other travel and entry documents that use biometric identifiers. The Attorney General and the Secretary of State shall jointly establish document authentication standards and biometric identifiers standards to be employed on such visas and other travel and entry documents from among those biometric identifiers recognized by domestic and international standards organizations.
(2) Readers and scanners at ports of entry
(A) In general
Not later than October 26, 2005, the Attorney General, in consultation with the Secretary of State, shall install at all ports of entry of the United States equipment and software to allow biometric comparison and authentication of all United States visas and other travel and entry documents issued to aliens, and passports issued pursuant to subsection (c)(1).
(B) Use of readers and scanners
The Attorney General, in consultation with the Secretary of State, shall utilize biometric data readers and scanners that—
(i) domestic and international standards organizations determine to be highly accurate when used to verify identity;
(ii) can read the biometric identifiers utilized under subsections (b)(1) and (c)(1); and
(iii) can authenticate the document presented to verify identity.
(3) Use of technology standard
The systems employed to implement paragraphs (1) and (2) shall utilize the technology standard established pursuant to
(c) Repealed. Pub. L. 114–113, div. O, title II, §202(c), Dec. 18, 2015, 129 Stat. 2989
(d) Authorization of appropriations
There are authorized to be appropriated such sums as may be necessary to carry out this section, including reimbursement to international and domestic standards organizations.
(
Editorial Notes
Amendments
2015—Subsec. (c).
2004—Subsecs. (b)(2)(A), (c)(1), (2).
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
§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) 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) shall meet at least monthly to share information pertaining to the committee's purpose as described in subsection (b)(2).
(e) Periodic reports to the Secretary of State
Each committee established under subsection (a) 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) Repealed. Pub. L. 113–235, div. J, title VII, §7034(i), Dec. 16, 2014, 128 Stat. 2624
(g) Authorization of appropriations
There are authorized to be appropriated such sums as may be necessary to implement this section.
(
Editorial Notes
Amendments
2014—Subsec. (f).
§1734. Improved training for consular officers
(a) Training
The Secretary of State shall require that all consular officers responsible for adjudicating visa applications, before undertaking to perform consular responsibilities, receive specialized training in the effective screening of visa applicants who pose a potential threat to the safety or security of the United States. Such officers shall be specially and extensively trained in the identification of aliens inadmissible under section 1182(a)(3)(A) and (B) of this title, interagency and international intelligence sharing regarding terrorists and terrorism, and cultural-sensitivity toward visa applicants. In accordance with
(b) Use of foreign intelligence information
As an ongoing component of the training required in subsection (a), the Secretary of State shall coordinate with the Assistant to the President for Homeland Security, Federal law enforcement agencies, and the intelligence community to compile and disseminate to the Bureau of Consular Affairs reports, bulletins, updates, and other current unclassified information relevant to terrorists and terrorism and to screening visa applicants who pose a potential threat to the safety or security of the United States.
(c) Authorization of appropriations
There are authorized to be appropriated such sums as may be necessary to implement this section.
(
Editorial Notes
Amendments
2004—Subsec. (a).
§1735. Restriction on issuance of visas to nonimmigrants from countries that are state sponsors of international terrorism
(a) In general
No nonimmigrant visa under
(b) State sponsor of international terrorism defined
(1) In general
In this section, the term "state sponsor of international terrorism" means any country the government of which has been determined by the Secretary of State under any of the laws specified in paragraph (2) to have repeatedly provided support for acts of international terrorism.
(2) Laws under which determinations were made
The laws specified in this paragraph are the following:
(A)
(B)
(C)
(
Editorial Notes
References in Text
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
1 See References in Text note below.
§1736. Check of lookout databases
Prior to the admission of an alien under the visa waiver program established under
(
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
§1737. Tracking system for stolen passports
(a) Entering stolen passport identification numbers in the interoperable data system
(1) In general
Beginning with implementation under
(2) Entry of information on previously lost or stolen passports
To the extent practicable, the Attorney General, in consultation with the Secretary of State, shall enter into such system the corresponding identification numbers for the United States and foreign passports lost or stolen prior to the implementation of such system.
(b) Transition period
Until such time as the law enforcement and intelligence data system described in
(
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
§1738. Identification documents for certain newly admitted aliens
Not later than 180 days after May 14, 2002, the Attorney General shall ensure that, immediately upon the arrival in the United States of an individual admitted under
(
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
SUBCHAPTER IV—INSPECTION AND ADMISSION OF ALIENS
§1751. Study of the feasibility of a North American National Security Program
(a) In general
The President shall conduct a study of the feasibility of establishing a North American National Security Program to enhance the mutual security and safety of the United States, Canada, and Mexico.
(b) Study elements
In conducting the study required by subsection (a), the President shall consider the following:
(1) Preclearance
The feasibility of establishing a program enabling foreign national travelers to the United States to submit voluntarily to a preclearance procedure established by the Department of State and the Immigration and Naturalization Service to determine whether such travelers are admissible to the United States under
(2) Preinspection
The feasibility of expanding preinspection facilities at foreign airports as described in
(3) Conditions
A determination of the measures necessary to ensure that the conditions required by
(c) Report
Not later than 1 year after May 14, 2002, the President shall submit to the appropriate committees of Congress a report setting forth the findings of the study conducted under subsection (a).
(d) Authorization of appropriations
There are authorized to be appropriated such sums as may be necessary to carry out this section.
(
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
§1752. Staffing levels at ports of entry
The Immigration and Naturalization Service shall staff ports of entry at such levels that would be adequate to meet traffic flow and inspection time objectives efficiently without compromising the safety and security of the United States. Estimated staffing levels under workforce models for the Immigration and Naturalization Service shall be based on the goal of providing immigration services described in
(
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
§1752a. Model ports-of-entry
(a) In general
The Secretary of Homeland Security shall—
(1) establish a model ports-of-entry program for the purpose of providing a more efficient and welcoming international arrival process in order to facilitate and promote business and tourist travel to the United States, while also improving security; and
(2) implement the program initially at the 20 United States international airports that have the highest number of foreign visitors arriving annually as of August 3, 2007.
(b) Program elements
The program shall include—
(1) enhanced queue management in the Federal Inspection Services area leading up to primary inspection;
(2) assistance for foreign travelers once they have been admitted to the United States, in consultation, as appropriate, with relevant governmental and nongovernmental entities; and
(3) instructional videos, in English and such other languages as the Secretary determines appropriate, in the Federal Inspection Services area that explain the United States inspection process and feature national, regional, or local welcome videos.
(c) Additional Customs and Border Protection officers for high-volume ports
Subject to the availability of appropriations, not later than the end of fiscal year 2008 the Secretary of Homeland Security shall employ not fewer than an additional 200 Customs and Border Protection officers over the number of such positions for which funds were appropriated for the proceeding fiscal year to address staff shortages at the 20 United States international airports that have the highest number of foreign visitors arriving annually as of August 3, 2007.
(
Editorial Notes
Codification
Section was enacted as part of the Implementing Recommendations of the 9/11 Commission Act of 2007 and not as part of the Enhanced Border Security and Visa Entry Reform Act of 2002 which comprises this chapter.
§1753. Joint United States-Canada projects for alternative inspections services
(a) In general
United States border inspections agencies, including the Immigration and Naturalization Service, acting jointly and under an agreement of cooperation with the Government of Canada, may conduct joint United States-Canada inspections projects on the international border between the two countries. Each such project may provide alternative inspections services and shall undertake to harmonize the criteria for inspections applied by the two countries in implementing those projects.
(b) Annual report
The Attorney General and the Secretary of the Treasury shall prepare and submit annually to Congress a report on the joint United States-Canada inspections projects conducted under subsection (a).
(c) Exemption from Administrative Procedure Act and Paperwork Reduction Act
Subchapter II of
(
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
SUBCHAPTER V—FOREIGN STUDENTS AND EXCHANGE VISITORS
§1761. Foreign student monitoring program
(a) Omitted
(b) Information required of the visa applicant
Prior to the issuance of a visa under subparagraph (F), subparagraph (M), or, with respect to an alien seeking to attend an approved institution of higher education, subparagraph (J) of
(1) The alien's address in the country of origin.
(2) The names and addresses of the alien's spouse, children, parents, and siblings.
(3) The names of contacts of the alien in the alien's country of residence who could verify information about the alien.
(4) Previous work history, if any, including the names and addresses of employers.
(c) Transitional program
(1) In general
Not later than 120 days after May 14, 2002, and until such time as the system described in
(A) Restrictions on issuance of visas
A visa may not be issued to an alien under subparagraph (F), subparagraph (M), or, with respect to an alien seeking to attend an approved institution of higher education, subparagraph (J) of
(i) the Department of State has received from an approved institution of higher education or other approved educational institution electronic evidence of documentation of the alien's acceptance at that institution; and
(ii) the consular officer has adequately reviewed the applicant's visa record.
(B) Notification upon visa issuance
Upon the issuance of a visa under section 1101(a)(15)(F) or (M) of this title to an alien, the Secretary of State shall transmit to the Immigration and Naturalization Service a notification of the issuance of that visa.
(C) Notification upon admission of alien
The Immigration and Naturalization Service shall notify the approved institution of higher education or other approved educational institution that an alien accepted for such institution or program has been admitted to the United States.
(D) Notification of failure of enrollment
Not later than 30 days after the deadline for registering for classes for an academic term, the approved institution of higher education or other approved educational institution shall inform the Immigration and Naturalization Service through data-sharing arrangements of any failure of any alien described in subparagraph (C) to enroll or to commence participation.
(2) Requirement to submit list of approved institutions
Not later than 30 days after May 14, 2002, the Attorney General shall provide the Secretary of State with a list of all approved institutions of higher education and other approved educational institutions that are authorized to receive nonimmigrants under section 1101(a)(15)(F) or (M) of this title.
(3) Authorization of appropriations
There are authorized to be appropriated such sums as may be necessary to carry out this subsection.
(
Editorial Notes
Codification
Section is comprised of section 501 of
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
§1762. Review of institutions and other entities authorized to enroll or sponsor certain nonimmigrants
(a) Periodic review of compliance
Not later than two years after May 14, 2002, and every two years thereafter, the Commissioner of Immigration and Naturalization, in consultation with the Secretary of Education, shall conduct a review of the institutions certified to receive nonimmigrants under
(1) recordkeeping and reporting requirements to receive nonimmigrants under
(2) recordkeeping and reporting requirements under
(b) Periodic review of sponsors of exchange visitors
(1) Requirement for reviews
Not later than two years after May 14, 2002, and every two years thereafter, the Secretary of State shall conduct a review of the entities designated to sponsor exchange visitor program participants under
(2) Determinations
On the basis of reviews of entities under paragraph (1), the Secretary shall determine whether the entities are in compliance with—
(A) recordkeeping and reporting requirements to receive nonimmigrant exchange visitor program participants under
(B) recordkeeping and reporting requirements under
(c) Effect of material failure to comply
Material failure of an institution or other entity to comply with the recordkeeping and reporting requirements to receive nonimmigrant students or exchange visitor program participants under
(
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
SUBCHAPTER VI—MISCELLANEOUS PROVISIONS
§1771. General Accounting Office study
(a) Requirement for study
(1) In general
The 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 defined
In paragraph (1), the term "nonimmigrant alien" means an alien described in
(b) Report
Not 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.
(
Statutory Notes and Related Subsidiaries
Change of Name
General Accounting Office redesignated Government Accountability Office by section 8 of
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
§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 [
(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 (
(2) is interoperable with the electronic data system implemented under
(3) performs in accordance with implementation of the technology standard referred to in
(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).
(
Editorial Notes
References in Text
The Immigration and Nationality Act, referred to in subsec. (a)(1), is act June 27, 1952, ch. 477,
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
§1773. Statutory construction
Nothing in this chapter shall be construed to impose requirements that are inconsistent with the USMCA (as defined in
(
Editorial Notes
References in Text
This chapter, referred to in text, was in the original "this Act", meaning
Amendments
2020—
Statutory Notes and Related Subsidiaries
Effective Date of 2020 Amendment
Amendment by
§1774. Annual report on aliens who fail to appear after release on own recognizance
(a) Requirement for report
Not 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
(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.
(
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
§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 (
(
Editorial Notes
References in Text
The Immigration and Nationality Act, referred to in text, is act June 27, 1952, ch. 477,
§1776. Training program
(1) Review, evaluation, and revision of existing training programs
The 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 programs
The 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
The 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 Congress
Not 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
The 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 Congress
Not 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
The 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 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 provisions of this section.
(
Editorial Notes
Codification
Section was enacted as part of the Intelligence Reform 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
"(1) Travel documents are as important to terrorists as weapons since terrorists must travel clandestinely to meet, train, plan, case targets, and gain access to attack sites.
"(2) International travel is dangerous for terrorists because they must surface to pass through regulated channels, present themselves to border security officials, 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 immigration 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 discovered the ways in which the terrorist predecessors to al Qaeda had been systematically, but detectably, exploiting weaknesses in our border security since the early 1990s.
"(5) Many of the hijackers were potentially vulnerable to interception by border authorities. Analyzing their characteristic travel documents and travel patterns could have allowed authorities to intercept some of the hijackers and a more effective use of information 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 integrated into the front lines of border security.
"(8) The small classified terrorist travel intelligence collection and analysis program currently in place has produced useful results and should be expanded."
§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 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
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 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 detailees
The 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
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, particularly 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 Secretary and the heads of other relevant agencies,1 consider appropriate.
(B) Enhanced promotion for service at the Center
Notwithstanding 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 [
(f) Administrative support and funding
The 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 report
Not 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 report
Not 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
(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
As 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 Analysis
The 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.
(
Editorial Notes
References in Text
The Foreign Service Act of 1980, referred to in subsec. (e)(3)(B), is
Codification
Section was enacted as part of the Intelligence Reform 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.
Amendments
2007—Subsec. (c)(1).
Subsecs. (d) to (f).
Subsec. (g).
Subsec. (h).
Subsec. (i).
Executive Documents
Delegation of Functions
For assignment of functions of President under subsec. (g) of this section, see section 1 of Memorandum of President of the United States, Apr. 21, 2005, 70 F.R. 48633, set out as a note under
1 So in original. The comma probably should not appear.
§1778. Vulnerability and threat assessment
(a) Study
The 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 Congress
The 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 appropriations
There 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).
(
Editorial Notes
Codification
Section was enacted as part of the REAL ID Act of 2005, and also as part of the Emergency Supplemental Appropriations Act for Defense, the Global War on Terror, and Tsunami Relief, 2005, and not as part of the Enhanced Border Security and Visa Entry Reform Act of 2002 which comprises this chapter.