There is established a Human Smuggling and Trafficking Center (referred to in this section as the "Center").
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".
In addition to such other responsibilities as the President may assign, the Center shall-
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".
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:
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-
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.
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.
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 [ 22 U.S.C. 3901 et seq.].
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.
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.
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-
As part of its mission to combat terrorist travel, the Center shall work to support the efforts of the National Counterterrorism Center.
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.
1 So in original. The comma probably should not appear.
8 U.S.C. § 1777
EDITORIAL NOTES
REFERENCES IN TEXTThe Foreign Service Act of 1980, referred to in subsec. (e)(3)(B), is Pub. L. 96-465, Oct. 17, 1980, 94 Stat. 2071, which is classified principally to chapter 52 (§3901 et seq.) of Title 22, Foreign Relations and Intercourse. For complete classification of this Act to the Code, see Short Title note set out under section 3901 of Title 22 and Tables.
CODIFICATIONSection 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.
AMENDMENTS2007-Subsec. (c)(1). Pub. L. 110-53, §721(a)(1), substituted "integrate and disseminate intelligence and information related to" for "address". Subsecs. (d) to (f). Pub. L. 110-53, §721(a)(3), added subsecs. (d) to (f). Former subsecs. (d) and (e) redesignated (g) and (h), respectively.Subsec. (g). Pub. L. 110-53, §721(b), reenacted heading without change and amended text of subsec. (g) generally. Prior to amendment, text read as follows: "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." Pub. L. 110-53, §721(a)(2), redesignated subsec. (d) as (g).Subsec. (h). Pub. L. 110-53, §721(a)(2), redesignated subsec. (e) as (h).Subsec. (i). Pub. L. 110-53, §721(c), added subsec. (i).
EXECUTIVE DOCUMENTS
DELEGATION OF FUNCTIONSFor 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 section 301 of Title 3, The President.
- 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.