§ 475. Transnational Criminal Investigative Units

569 words·~3 min read·/usc/title-6/section-475

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(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.

(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.)

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