§ 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
(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:
(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
(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 [22 U.S.C. 3901 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;
(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;
(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 databases and share information 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.
[1] So in original. The comma probably should not appear.