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6 U.S.C. § 475Transnational Criminal Investigative Units

submitted 4 years ago by Pub. L. 107-296 to r/title-6-DOMESTIC-SECURITY · 548 words · no verdicts yet

in plain englishAI-generated · not legal advice

The Secretary, working with the Secretary of State, runs Transnational Criminal Investigative Units made up of trained foreign police officers. These officers work with Homeland Security Investigations to fight cross-border crime. Before joining, and periodically after, they must pass security checks, including a human-rights screening. The units must report to Congress and can pay their vetted members a stipend.

(a) The Secretary, with the Secretary of State's agreement, must operate Transnational Criminal Investigative Units inside Homeland Security Investigations. (b) Each unit is made up of trained foreign law enforcement officials, who work with Homeland Security Investigations to investigate and prosecute people involved in crime that crosses national borders. (c) Vetting requirement. Before joining a unit, and at regular times while serving in one, foreign officers must pass security checks, which may include a background check, a polygraph test, a urine test, or other measures the Secretary decides are appropriate. No member of a foreign law enforcement unit may join if the Secretary, working with the Secretary of State, has credible information that the unit has committed a serious human rights violation, following the limits set out in a separate law (22 U.S.C. § 2378d). Setting up and continuing a unit requires the approval of the U.S. chief of mission in that country, must follow the duties of the Secretary of State and chief of mission under other listed laws, and cannot happen without the agreement of the Assistant Secretary of State for International Narcotics and Law Enforcement Affairs. The Executive Associate Director of Homeland Security Investigations must report to several named Senate and House committees on the vetting procedures used and on any extra steps needed to keep vetted members from being compromised by criminal groups. (d) The Executive Associate Director may pay vetted unit members a monetary stipend tied to their unit duties. (e) For five years starting December 23, 2022, the Executive Associate Director must give the named congressional committees an annual unclassified briefing (which may include a classified part if needed) covering: how many vetted members are in each country; how much was paid in stipends, broken down by country; enforcement results like arrests and progress on joint investigations in each country; and whether any vetted members were involved in unlawful activity, including human rights abuses or serious corruption.
the actual law source: uscode.house.gov ↗public domain
(a) In general

The Secretary, with the concurrence of the Secretary of State, shall operate Transnational Criminal Investigative Units within Homeland Security Investigations.

(b) Composition

Each Transnational Criminal Investigative Unit shall be composed of trained foreign law enforcement officials who shall collaborate with Homeland Security Investigations to investigate and prosecute individuals involved in transnational criminal activity.

(c) Vetting requirement
(1) In general

Before entry into a Transnational Criminal Investigative Unit, and at periodic intervals while serving in such a unit, foreign law enforcement officials shall be required to pass certain security evaluations, which may include a background check, a polygraph examination, a urinalysis test, or other measures that the Secretary determines to be appropriate.

(2) Leahy vetting required

No member of a foreign law enforcement unit may join a Transnational Criminal Investigative Unit if the Secretary, in coordination with the Secretary of State, has credible information that such foreign law enforcement unit has committed a gross violation of human rights, consistent with the limitations set forth in section 2378d of title 22.

(3) Approval and concurrence

The establishment and continued support of the Transnational Criminal Investigative Units who are assigned under paragraph (1)—

(A)

shall be performed with the approval of the chief of mission to the foreign country to which the personnel are assigned;

(B)

shall be consistent with the duties and powers of the Secretary of State and the chief of mission for a foreign country under section 4802 of title 22 and section 3927 of title 22, respectively; and

(C)

shall not be established without the concurrence of the Assistant Secretary of State for International Narcotics and Law Enforcement Affairs.

(4) Report

The Executive Associate Director of Homeland Security Investigations shall submit a report to the Committee on Foreign Relations of the Senate, the Committee on Homeland Security and Governmental Affairs of the Senate, the Committee on the Judiciary of the Senate, the Committee on Foreign Affairs of the House of Representatives, the Committee on Homeland Security of the House of Representatives, and the Committee on the Judiciary of the House of Representatives that describes—

(A)

the procedures used for vetting Transnational Criminal Investigative Unit members to include compliance with the vetting required under this subsection; and

(B)

any additional measures that should be implemented to prevent personnel in vetted units from being compromised by criminal organizations.

(d) Monetary stipend

The Executive Associate Director of Homeland Security Investigations is authorized to pay vetted members of a Transnational Criminal Investigative Unit a monetary stipend in an amount associated with their duties dedicated to unit activities.

(e) Annual briefing

The Executive Associate Director of Homeland Security Investigations, during the 5-year period beginning on December 23, 2022, shall provide an annual unclassified briefing to the congressional committees referred to in subsection (c)(4), which may include a classified session, if necessary, that identifies—

(1)

the number of vetted members of Transnational Criminal Investigative Unit in each country;

(2)

the amount paid in stipends to such members, disaggregated by country;

(3)

relevant enforcement statistics, such as arrests and progress made on joint investigations, in each such country; and

(4)

whether any vetted members of the Transnational Criminal Investigative Unit in each country were involved in any unlawful activity, including human rights abuses or significant acts of corruption.

Source credit: (Pub. L. 107–296, title VIII, § 890C, as added Pub. L. 117–263, div. G, title LXXI, § 7105(b)(1), Dec. 23, 2022, 136 Stat. 3623.)

history & why it existsrecord from the source credit
  • 2022Enacted · Pub. L. 107-296 · 136 Stat. 3623

A history note hasn’t been published yet. The record shows enactment by Pub. L. 107-296 on 2022-12-23.

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