§1776 — Title 8 Aliens and Nationality | U.S. Code

Summary

The Secretary of Homeland Security must check and improve training about travel and ID documents and about ways terrorists travel. The Secretary must work with the Secretary of State to review similar training for State Department staff. They must create and run a basic training and regular refreshers for border, immigration, and consular officials who inspect travel or identity documents. The training must teach how to tell fake from real documents, spot terrorist signs on documents and other ID, recognize travel patterns and tactics used by terrorists, use DHS databases well, and any other topics agreed with the Secretary of State or the Director of National Intelligence. The Secretary of Homeland Security must give this training to all relevant border and immigration officials. Within 12 months after December 17, 2004, and then once a year for 3 years, the Secretary of Homeland Security and the Secretary of State must each report to Congress on how many officials inspect documents, how many got the new training, reasons for any gaps, plans to finish training, and the status of retraining. The Secretary of Homeland Security may help states, tribes, local governments, and private groups set up related training. Money is authorized as needed for fiscal years 2005 through 2009.

Title 8, §1776

Aliens and Nationality — Source: USLM XML via OLRC

(1)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)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)(A)(i)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)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)(i)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)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)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)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.

Notes & Related Subsidiaries

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 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 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.”

§1776 Training Program

Summary

Title 8, §1776

Notes & Related Subsidiaries

Editorial Notes

Statutory Notes and Related Subsidiaries

Citations & Metadata