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8 U.S.C. § 1778 — Establishment of Human Smuggling and Trafficking Center

Federal law — U.S. Code and appendices · legal_authorities

8 U.S.C. § 1778 — Establishment of Human Smuggling and Trafficking Center

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Stable record: federal_law:legal_authorities:record_usc_0203965cdf6bea9e2984818e
Source file: Laws/federal/codes/united-states-code/title-8/section-1778-establishment-of-human-smuggling-and-trafficking-center--24e2adb6b3.md
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Source location: Title 8, Chapter 15, § 1778; chapter-015-enhanced-border-security-and-visa-entry-reform.md

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**(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,11 So in original. The comma probably should not appear. 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 [[22 U.S.C. 3901](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title22-section3901&num=0&edition=prelim) et seq.]. **(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 [section 485(b) of title 6](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title6-section485/b&num=0&edition=prelim); (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.

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Federal law — U.S. Code and appendices · legal_authorities

22 U.S.C. § 3901 — Congressional findings and objectives

**(a)** The Congress finds that— (1) a career foreign service, characterized by excellence and professionalism, is essential in the national interest to assist the President and the Secretary of State in conducting the foreign affairs of the United States; (2) the scope and complexity of the foreign affairs of the Nation have heightened the need for a professional foreign service that will serve the foreign affairs interests of the United States in an integrated fashion and that can provide a resource of qualified personnel for the President, the Secretary of State, and the agencies concerned with foreign affairs; (3) the Foreign Service of the United States, established under the Act of May 24, 1924 (commonly known as the Rogers Act) and continued by the Foreign Service Act of 1946, must be preserved, strengthened, and improved in order to carry out its mission effectively in response to the complex challenges of modern diplomacy and international relations; (4) the members of the Foreign Service should be representative of the American people, aware of the principles and history of the United States and informed of current concerns and trends in American life, knowledgeable of the affairs, cultures, and languages of other countries, and available to serve in assignments throughout the world; and (5) the Foreign Service should be operated on the basis of merit principles. **(b)** The objective of this chapter is to strengthen and improve the Foreign Service of the United States by— (1) assuring, in accordance with merit principles, admission through impartial and rigorous examination, acquisition of career status only by those who have demonstrated their fitness through successful completion of probationary assignments, effective career development, advancement

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Federal law — U.S. Code and appendices · legal_authorities

3 U.S.C. § 301 — General authorization to delegate functions; publication of delegations

The President of the United States is authorized to designate and empower the head of any department or agency in the executive branch, or any official thereof who is required to be appointed by and with the advice and consent of the Senate, to perform without approval, ratification, or other action by the President (1) any function which is vested in the President by law, or (2) any function which such officer is required or authorized by law to perform only with or subject to the approval, ratification, or other action of the President: Provided, That nothing contained herein shall relieve the President of his responsibility in office for the acts of any such head or other official designated by him to perform such functions. Such designation and authorization shall be in writing, shall be published in the Federal Register, shall be subject to such terms, conditions, and limitations as the President may deem advisable, and shall be revocable at any time by the President in whole or in part.

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Federal law — U.S. Code and appendices · legal_authorities

8 U.S.C. § 1101 — Definitions

**(a)** As used in this chapter— (1) The term “administrator” means the official designated by the Secretary of State pursuant to [section 1104(b) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title8-section1104/b&num=0&edition=prelim). (2) The term “advocates” includes, but is not limited to, advises, recommends, furthers by overt act, and admits belief in. (3) The term “alien” means any person not a citizen or national of the United States. (4) The term “application for admission” has reference to the application for admission into the United States and not to the application for the issuance of an immigrant or nonimmigrant visa. (5) The term “Attorney General” means the Attorney General of the United States. (6) The term “border crossing identification card” means a document of identity bearing that designation issued to an alien who is lawfully admitted for permanent residence, or to an alien who is a resident in foreign contiguous territory, by a consular officer or an immigration officer for the purpose of crossing over the borders between the United States and foreign contiguous territory in accordance with such conditions for its issuance and use as may be prescribed by regulations. Such regulations shall provide that (A) each such document include a biometric identifier (such as the fingerprint or handprint of the alien) that is machine readable and (B) an alien presenting a border crossing identification card is not permitted to cross over the border into the United States unless the biometric identifier contained on the card matches the appropriate biometric characteristic of the alien. (7) The term “clerk of court” means a clerk of a naturalization court. (8) The terms “Commissioner” and “Deputy Commissioner” mean the Co

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Federal law — U.S. Code and appendices · legal_authorities

22 U.S.C. § 3901 — Congressional findings and objectives

Page 1420 TITLE 22—FOREIGN RELATIONS AND INTERCOURSE § 3901 New Old 4191–4215 ........................................ 1171–1195 4216 ............................................... 1197 4217 ............................................... 1198 4218–4222 ........................................ 1200–1204 4223 ............................................... 99 4224–4226 ........................................ 812–814 Executive Documents FOREIGN COMMERCIAL SERVICE For authority of Secretary of Commerce to establish a Foreign Commercial Service in Department of Com- merce, see section 1–104 of Ex. Ord. No. 12188, Jan. 2, 1980, 45 F.R. 991, as amended, set out as a note under section 2171 of Title 19, Customs Duties. SUBCHAPTER I—GENERAL PROVISIONS § 3901. Congressional findings and objectives (a) The Congress finds that— (1) a career foreign service, characterized by excellence and professionalism, is essential in the national interest to assist the President and the Secretary of State in conducting the foreign affairs of the United States; (2) the scope and complexity of the foreign affairs of the Nation have heightened the need for a professional foreign service that will serve the foreign affairs interests of the United States in an integrated fashion and that can provide a resource of qualified per- sonnel for the President, the Secretary of State, and the agencies concerned with foreign affairs; (3) the Foreign Service of the United States, established under the Act of May 24, 1924 (com- monly known as the Rogers Act) and contin- ued by the Foreign Service Act of 1946, must be preserved, strengthened, and improved in order to carry out its mission effectively in re- sponse to the complex challenges of modern diplomacy and international relat

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Federal law — U.S. Code and appendices · legal_authorities

8 U.S.C. § 1778 — Vulnerability and threat assessment

Page 602 TITLE 8—ALIENS AND NATIONALITY § 1778 48633, set out as a note under section 301 of Title 3, The President. § 1778. Vulnerability and threat assessment (a) Study The Under Secretary of Homeland Security for Border and Transportation Security, in con- sultation with the Under Secretary of Homeland Security for Science and Technology and the Under Secretary of Homeland Security for Infor- mation Analysis and Infrastructure Protection, shall study the technology, equipment, and per- sonnel 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 rec- ommendations, 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 recommenda- tions from the first study conducted under sub- section (a). (Pub. L. 109–13, div. B, title III, § 301, May 11, 2005, 119 Stat. 316.) 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 Ter- ror, and Tsunami Relief, 2005, and not as part of the En- hanced Border

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