8 U.S.C. § 1777 — Establishment of Human Smuggling and

Page 600 TITLE 8—ALIENS AND NATIONALITY § 1777 formation available in government databases could have identified some of the hijackers. ‘‘(6) The routine operations of our immigration laws and the aspects of those laws not specifically aimed at protecting against terrorism inevitably shaped al Qaeda’s planning and opportunities. ‘‘(7) New insights into terrorist travel gained since September 11, 2001, have not been adequately inte- grated into the front lines of border security. ‘‘(8) The small classified terrorist travel intel- ligence collection and analysis program currently in place has produced useful results and should be ex- panded.’’ § 1777. Establishment of Human Smuggling and Trafficking Center (a) Establishment There is established a Human Smuggling and Trafficking Center (referred to in this section as the ‘‘Center’’). (b) Operation The Secretary of State, the Secretary of Homeland Security, and the Attorney General shall operate the Center in accordance with the Memorandum of Understanding entitled, ‘‘Human Smuggling and Trafficking Center (HSTC), Charter’’. (c) Functions In addition to such other responsibilities as the President may assign, the Center shall— (1) serve as the focal point for interagency efforts to integrate and disseminate intel- ligence and information related to terrorist travel; (2) serve as a clearinghouse with respect to all relevant information from all Federal Gov- ernment agencies in support of the United States strategy to prevent separate, but re- lated, issues of clandestine terrorist travel and facilitation of migrant smuggling and traf- ficking of persons; (3) ensure cooperation among all relevant policy, law enforcement, diplomatic, and in- telligence agencies of the Federal Government to improve effectiveness and to convert all in- formation available to the Federal Govern- ment relating to clandestine terrorist travel and facilitation, migrant smuggling, and traf- ficking of persons into tactical, operational, and strategic intelligence that can be used to combat such illegal activities; and (4) prepare and submit to Congress, on an an- nual basis, a strategic assessment regarding vulnerabilities in the United States and for- eign travel system that may be exploited by international terrorists, human smugglers and traffickers, and their facilitators. (d) Director The Secretary of Homeland Security shall nominate an official of the Government of the United States to serve as the Director of the Center, in accordance with the requirements of the memorandum of understanding entitled the ‘‘Human Smuggling and Trafficking Center (HSTC) Charter’’. (e) Staffing of the Center (1) In general The Secretary of Homeland Security, in co- operation with heads of other relevant agen- cies and departments, shall ensure that the Center is staffed with not fewer than 40 full- time equivalent positions, including, as appro- priate, detailees from the following: (A) Agencies and offices within the Depart- ment of Homeland Security, including the following: (i) The Office of Intelligence and Anal- ysis. (ii) The Transportation Security Admin- istration. (iii) United States Citizenship and Immi- gration Services. (iv) United States Customs and Border Protection. (v) The United States Coast Guard. (vi) United States Immigration and Cus- toms Enforcement. (B) Other departments, agencies, or enti- ties, including the following: (i) The Central Intelligence Agency. (ii) The Department of Defense. (iii) The Department of the Treasury. (iv) The National Counterterrorism Cen- ter. (v) The National Security Agency. (vi) The Department of Justice. (vii) The Department of State. (viii) Any other relevant agency or de- partment. (2) Expertise of detailees The Secretary of Homeland Security, in co- operation with the head of each agency, de- partment, or other entity referred to in para- graph (1), shall ensure that the detailees pro- vided to the Center under such paragraph in- clude an adequate number of personnel who are— (A) intelligence analysts or special agents with demonstrated experience related to human smuggling, trafficking in persons, or terrorist travel; and (B) personnel with experience in the areas of— (i) consular affairs; (ii) counterterrorism; (iii) criminal law enforcement; (iv) intelligence analysis; (v) prevention and detection of document fraud; (vi) border inspection; (vii) immigration enforcement; or (viii) human trafficking and combating severe forms of trafficking in persons. (3) Enhanced personnel management (A) Incentives for service in certain positions (i) In general The Secretary of Homeland Security, and the heads of other relevant agencies, shall prescribe regulations or promulgate personnel policies to provide incentives for service on the staff of the Center, particu- larly for serving terms of at least two years duration. (ii) Forms of incentives Incentives under clause (i) may include financial incentives, bonuses, and such other awards and incentives as the Sec- Page 601 TITLE 8—ALIENS AND NATIONALITY § 1777 1 So in original. The comma probably should not appear. retary 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 per- sonnel of such agencies who are not so as- signed or detailed, except that this subpara- graph shall not apply in the case of per- sonnel who are subject to the provisions of the Foreign Service Act of 1980 [22 U.S.C. 3901 et seq.]. (f) Administrative support and funding The Secretary of Homeland Security shall pro- vide to the Center the administrative support and funding required for its maintenance, in- cluding funding for personnel, leasing of office space, supplies, equipment, technology, train- ing, and travel expenses necessary for the Cen- ter 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 re- port regarding the operation of the Center and the activities carried out by the Center, in- cluding 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 informa- tion 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 data- base would be collected, stored, and shared; (F) how each agency and department shall utilize its resources to ensure that the Cen- ter uses intelligence to focus and drive its efforts; (G) efforts to consolidate networked sys- tems 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; (I) the ability of participating personnel in the Center to freely access necessary data- bases 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 under- standing, 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 ef- forts of the National Counterterrorism Center. (i) Coordination with the Office of Intelligence and Analysis The Office of Intelligence and Analysis, in co- ordination with the Center, shall submit to rel- evant State, local, and tribal law enforcement agencies periodic reports regarding terrorist threats related to human smuggling, human trafficking, and terrorist travel. (Pub. L. 108–458, title VII, § 7202, Dec. 17, 2004, 118 Stat. 3813; Pub. L. 110–53, title VII, § 721(a)–(c), Aug. 3, 2007, 121 Stat. 346–348.) Editorial Notes REFERENCES IN TEXT The 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. CODIFICATION Section was enacted as part of the Intelligence Re- form and Terrorism Prevention Act of 2004, and also as part of the 9/11 Commission Implementation Act of 2004, and not as part of the Enhanced Border Security and Visa Entry Reform Act of 2002 which comprises this chapter. AMENDMENTS 2007—Subsec. (c)(1). Pub. L. 110–53, § 721(a)(1), sub- stituted ‘‘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) redesig- nated (g) and (h), respectively. Subsec. (g). Pub. L. 110–53, § 721(b), reenacted heading without change and amended text of subsec. (g) gen- erally. Prior to amendment, text read as follows: ‘‘Not later than 180 days after December 17, 2004, the Presi- dent 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 FUNCTIONS For assignment of functions of President under sub- sec. (g) of this section, see section 1 of Memorandum of President of the United States, Apr. 21, 2005, 70 F.R. 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 Security and Visa Entry Reform Act of 2002 which comprises this chapter.