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6 - 1 HOMELAND SECURITY ORGANIZATION (§§ 101 to 644) 
6 - 1 - 1 Definitions 
(2)
The term “ appropriate congressional committee” means any committee of the House of Representatives or the Senate having legislative or oversight jurisdiction under the Rules of the House of Representatives or the Senate, respectively, over the matter concerned.
(3)
The term “ assets” includes contracts, facilities, property, records, unobligated or unexpended balances of appropriations, and other funds or resources (other than personnel).
(5)
The term “ Department” means the Department of Homeland Security.
(6)
The term “ emergency response providers” includes Federal, State, and local governmental and nongovernmental emergency public safety, fire, law enforcement, emergency response, emergency medical (including hospital emergency facilities), and related personnel, agencies, and authorities.
(7)
The term “ EMP” means an electromagnetic pulse caused by a nuclear device or nonnuclear device, including such a pulse caused by an act of terrorism.
(9)
The term “ functions” includes authorities, powers, rights, privileges, immunities, programs, projects, activities, duties, and responsibilities.
(10)
The term “ GMD” means a geomagnetic disturbance caused by a solar storm or another naturally occurring phenomenon.
(11)The term “ intelligence component of the Department” means any element or entity of the Department that collects, gathers, processes, analyzes, produces, or disseminates intelligence information within the scope of the information sharing environment, including homeland security information, terrorism information, and weapons of mass destruction information, or national intelligence, as defined under section 3003(5) of title 50, except—
(A)
the United States Secret Service; and
(B)
the Coast Guard, when operating under the direct authority of the Secretary of Defense or Secretary of the Navy pursuant to section 3 [1] of title 14, except that nothing in this paragraph shall affect or diminish the authority and responsibilities of the Commandant of the Coast Guard to command or control the Coast Guard as an armed force or the authority of the Director of National Intelligence with respect to the Coast Guard as an element of the intelligence community (as defined under section 3003(4) of title 50. [2]
(12)
The term “ key resources” means publicly or privately controlled resources essential to the minimal operations of the economy and government.
(13)The term “ local government” means—
(A)
a county, municipality, city, town, township, local public authority, school district, special district, intrastate district, council of governments (regardless of whether the council of governments is incorporated as a nonprofit corporation under State law), regional or interstate government entity, or agency or instrumentality of a local government;
(B)
an Indian tribe or authorized tribal organization, or in Alaska a Native village or Alaska Regional Native Corporation; and
(C)
a rural community, unincorporated town or village, or other public entity.
(15)
The term “ personnel” means officers and employees.
(16)
The term “ Secretary” means the Secretary of Homeland Security.
(17)
The term “ State” means any State of the United States, the District of Columbia, the Commonwealth of Puerto Rico, the Virgin Islands, Guam, American Samoa, the Commonwealth of the Northern Mariana Islands, and any possession of the United States.
(18)The term “ terrorism” means any activity that—
(B)appears to be intended—
(i)
to intimidate or coerce a civilian population;
(ii)
to influence the policy of a government by intimidation or coercion; or
(iii)
to affect the conduct of a government by mass destruction, assassination, or kidnapping.
(19)
(A)
The term “ United States”, when used in a geographic sense, means any State of the United States, the District of Columbia, the Commonwealth of Puerto Rico, the Virgin Islands, Guam, American Samoa, the Commonwealth of the Northern Mariana Islands, any possession of the United States, and any waters within the jurisdiction of the United States.
(20)
The term “ voluntary preparedness standards” means a common set of criteria for preparedness, disaster management, emergency management, and business continuity programs, such as the American National Standards Institute’s National Fire Protection Association Standard on Disaster/Emergency Management and Business Continuity Programs (ANSI/NFPA 1600).
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( Pub. L. 107–296, § 2, Nov. 25, 2002, 116 Stat. 2140; Pub. L. 109–295, title VI, § 612(d), Oct. 4, 2006, 120 Stat. 1410; Pub. L. 109–347, title VI, § 613, Oct. 13, 2006, 120 Stat. 1943; Pub. L. 110–53, title V, § 502(a), title IX, § 901(d), Aug. 3, 2007, 121 Stat. 310, 371; Pub. L. 114–328, div. A, title XIX, § 1913(a)(1), Dec. 23, 2016, 130 Stat. 2684.) |
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6 - 1 - 2 Construction; severability
Any provision of this chapter held to be invalid or unenforceable by its terms, or as applied to any person or circumstance, shall be construed so as to give it the maximum effect permitted by law, unless such holding shall be one of utter invalidity or unenforceability, in which event such provision shall be deemed severable from this chapter and shall not affect the remainder thereof, or the application of such provision to other persons not similarly situated or to other, dissimilar circumstances.
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6 - 1 - 3 Use of appropriated funds
Notwithstanding any other provision of this chapter, any report, notification, or consultation addressing directly or indirectly the use of appropriated funds and stipulated by this chapter to be submitted to, or held with, the Congress or any Congressional committee shall also be submitted to, or held with, the Committees on Appropriations of the Senate and the House of Representatives under the same conditions and with the same restrictions as stipulated by this chapter.
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6 - 1 - 4 National biodefense strategy
(a)Strategy and implementation plan required
The Secretary of Defense, the Secretary of Health and Human Services, the Secretary of Homeland Security, and the Secretary of Agriculture shall jointly develop a national biodefense strategy and associated implementation plan, which shall include a review and assessment of biodefense policies, practices, programs and initiatives. Such Secretaries shall review and, as appropriate, revise the strategy biennially.
(b)ElementsThe strategy and associated implementation plan required under subsection (a) shall include each of the following:
(1)
An inventory and assessment of all existing strategies, plans, policies, laws, and interagency agreements related to biodefense, including prevention, deterrence, preparedness, detection, response, attribution, recovery, and mitigation.
(2)
A description of the biological threats, including biological warfare, bioterrorism, naturally occurring infectious diseases, and accidental exposures.
(3)
A description of the current programs, efforts, or activities of the United States Government with respect to preventing the acquisition, proliferation, and use of a biological weapon, preventing an accidental or naturally occurring biological outbreak, and mitigating the effects of a biological epidemic.
(4)
A description of the roles and responsibilities of the Executive Agencies, including internal and external coordination procedures, in identifying and sharing information related to, warning of, and protection against, acts of terrorism using biological agents and weapons and accidental or naturally occurring biological outbreaks.
(5)
An articulation of related or required interagency capabilities and whole-of-Government activities required to support the national biodefense strategy.
(6)
Recommendations for strengthening and improving the current biodefensecapabilities, authorities, and command structures of the United States Government.
(7)
Recommendations for improving and formalizing interagency coordination and support mechanisms with respect to providing a robust national biodefense.
(8)
Any other matters the Secretary of Defense, the Secretary of Health and Human Services, the Secretary of Homeland Security, and the Secretary of Agriculture determine necessary.
(c)Submittal to Congress
Not later than 275 days after December 23, 2016, the Secretary of Defense, theSecretary of Health and Human Services, the Secretary of Homeland Security, and the Secretary of Agriculture shall submit to the appropriate congressional committees the strategy and associated implementation plan required by subsection (a). The strategy and implementation plan shall be submitted in unclassified form, but may include a classified annex.
(d)Briefings
Not later than March 1, 2017, and annually thereafter until March 1, 2025, the Secretary of Defense, the Secretary of Health and Human Services, the Secretary of Homeland Security, and the Secretary of Agriculture shall provide to the Committee on Armed Services of the House of Representatives, the Committee on Energy and Commerce of the House of Representatives, the Committee onHomeland Security of the House of Representatives, and the Committee on Agriculture of the House of Representatives a joint briefing on the strategy developed under subsection (a) and the status of the implementation of such strategy.
(e)GAO Review
Not later than 180 days after the date of the submittal of the strategy and implementation plan under subsection (c), the Comptroller General of the United States shall conduct a review of the strategy and implementation plan to analyze gaps and resources mapped against the requirements of the National BiodefenseStrategy and existing United States biodefense policy documents.
(f)Appropriate congressional committees definedIn this section, the term “ appropriate congressional committees” means the following:
(1)
The congressional defense committees.
(2)
The Committee on Energy and Commerce of the House of Representativesand the Committee on Health, Education, Labor, and Pensions of the Senate.
(3)
The Committee on Homeland Security of the House of Representatives and the Committee on Homeland Security and Governmental Affairs of the Senate.
(4)
The Committee on Agriculture of the House of Representatives and the Committee on Agriculture, Nutrition, and Forestry of the Senate.
( Pub. L. 114–328, div. A, title X, § 1086, Dec. 23, 2016, 130 Stat. 2423; Pub. L. 116–92, div. A, title XVII, § 1704, Dec. 20, 2019, 133 Stat. 1797.) (a)Establishment
There is established a Department of Homeland Security, as an executivedepartment of the United States within the meaning of title 5.
(b)Mission
(1)In generalThe primary mission of the Department is to—
(A)
prevent terrorist attacks within the United States;
(C)
minimize the damage, and assist in the recovery, from terrorist attacks that do occur within the United States;
(D)
carry out all functions of entities transferred to the Department, including by acting as a focal point regarding natural and manmade crises and emergency planning;
(E)
ensure that the functions of the agencies and subdivisions within the Department that are not related directly to securing the homeland are not diminished or neglected except by a specific explicit Act of Congress;
(F)
ensure that the overall economic security of the United States is not diminished by efforts, activities, and programs aimed at securing the homeland;
(G)
ensure that the civil rights and civil liberties of persons are not diminished by efforts, activities, and programs aimed at securing the homeland; and
(H)
monitor connections between illegal drug trafficking and terrorism, coordinate efforts to sever such connections, and otherwise contribute to efforts to interdict illegal drug trafficking.
(2)Responsibility for investigating and prosecuting terrorism
Except as specifically provided by law with respect to entities transferred to the Department under this chapter, primary responsibility for investigating and prosecuting acts of terrorism shall be vested not in the Department, but rather in Federal, State, and local law enforcement agencies with jurisdiction over the acts in question.
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( Pub. L. 107–296, title I, § 101, Nov. 25, 2002, 116 Stat. 2142; Pub. L. 108–458, title VIII, § 8302, Dec. 17, 2004, 118 Stat. 3867.) |
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6 - 1 - 5 DEPARTMENT OF HOMELAND SECURITY (§§ 111 to 115)
6 - 1 - 5 - 1 Executive department; mission
(a)Establishment
There is established a Department of Homeland Security, as an executivedepartment of the United States within the meaning of title 5.
(b)Mission
(1)In generalThe primary mission of the Department is to—
(A)
prevent terrorist attacks within the United States;
(C)
minimize the damage, and assist in the recovery, from terrorist attacks that do occur within the United States;
(D)
carry out all functions of entities transferred to the Department, including by acting as a focal point regarding natural and manmade crises and emergency planning;
(E)
ensure that the functions of the agencies and subdivisions within the Department that are not related directly to securing the homeland are not diminished or neglected except by a specific explicit Act of Congress;
(F)
ensure that the overall economic security of the United States is not diminished by efforts, activities, and programs aimed at securing the homeland;
(G)
ensure that the civil rights and civil liberties of persons are not diminished by efforts, activities, and programs aimed at securing the homeland; and
(H)
monitor connections between illegal drug trafficking and terrorism, coordinate efforts to sever such connections, and otherwise contribute to efforts to interdict illegal drug trafficking.
(2)Responsibility for investigating and prosecuting terrorism
Except as specifically provided by law with respect to entities transferred to the Department under this chapter, primary responsibility for investigating and prosecuting acts of terrorism shall be vested not in the Department, but rather in Federal, State, and local law enforcement agencies with jurisdiction over the acts in question.
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( Pub. L. 107–296, title I, § 101, Nov. 25, 2002, 116 Stat. 2142; Pub. L. 108–458, title VIII, § 8302, Dec. 17, 2004, 118 Stat. 3867.) |
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6 - 1 - 5 - 2 Secretary; functions
(a)Secretary
(1)In general
There is a Secretary of Homeland Security, appointed by the President, by and with the advice and consent of the Senate.
(2)Head of Department
The Secretary is the head of the Department and shall have direction, authority, and control over it.
(3)Functions vested in Secretary
(b)FunctionsThe Secretary—
(1)
except as otherwise provided by this chapter, may delegate any of the Secretary’s functions to any officer, employee, or organizational unit of the Department;
(2)
shall have the authority to make contracts, grants, and cooperative agreements, and to enter into agreements with other executive agencies, as may be necessary and proper to carry out the Secretary’s responsibilities under this chapter or otherwise provided by law; and
(3)
shall take reasonable steps to ensure that information systems and databases of the Department are compatible with each other and with appropriate databases of other Departments.
(c)Coordination with non-Federal entitiesWith respect to homeland security, the Secretary shall coordinate through the Office of State and Local Coordination [1] (established under section 361 of this title) (including the provision of training and equipment) with State and local government personnel, agencies, and authorities, with the private sector, and with other entities, including by—
(1)
coordinating with State and local government personnel, agencies, and authorities, and with the private sector, to ensure adequate planning, equipment, training, and exercise activities;
(2)
coordinating and, as appropriate, consolidating, the Federal Government’s communications and systems of communications relating to homelandsecurity with State and local government personnel, agencies, and authorities, the private sector, other entities, and the public; and
(3)
distributing or, as appropriate, coordinating the distribution of, warnings and information to State and local government personnel, agencies, and authorities and to the public.
(d)Meetings of National Security Council
The Secretary may, subject to the direction of the President, attend and participate in meetings of the National Security Council.
(e)Issuance of regulations
The issuance of regulations by the Secretary shall be governed by the provisions of chapter 5 of title 5, except as specifically provided in this chapter, in laws granting regulatory authorities that are transferred by this chapter, and in laws enacted after November 25, 2002.
(f)Special Assistant to the SecretaryThe Secretary shall appoint a Special Assistant to the Secretary who shall be responsible for—
(1)
creating and fostering strategic communications with the private sector to enhance the primary mission of the Department to protect the American homeland;
(2)
advising the Secretary on the impact of the Department’s policies, regulations, processes, and actions on the private sector;
(3)
interfacing with other relevant Federal agencies with homeland security missions to assess the impact of these agencies’ actions on the private sector;
(4)creating and managing private sector advisory councils composed of representatives of industries and associations designated by the Secretary to—
(A)
advise the Secretary on private sector products, applications, and solutions as they relate to homeland security challenges;
(B)
advise the Secretary on homeland security policies, regulations, processes, and actions that affect the participating industries and associations; and
(C)advise the Secretary on private sector preparedness issues, including effective methods for—
(5)
working with Federal laboratories, federally funded research and development centers, other federally funded organizations, academia, and the private sector to develop innovative approaches to address homeland security challenges to produce and deploy the best available technologies for homeland security missions;
(6)
promoting existing public-private partnerships and developing new public-private partnerships to provide for collaboration and mutual support to address homeland security challenges;
(9)
coordinating industry efforts, with respect to functions of the Department of Homeland Security, to identify private sector resources and capabilities that could be effective in supplementing Federal, State, and local government agency efforts to prevent or respond to a terrorist attack;
(10)
coordinating with the Commissioner of U.S. Customs and Border Protection and the Assistant Secretary for Trade Development of the Department of Commerce on issues related to the travel and tourism industries; and
(11)
consulting with the Office of State and Local Government Coordination and Preparedness on all matters of concern to the private sector, including the tourism industry.
(g)Standards policy
All standards activities of the Department shall be conducted in accordance with section 12(d) of the National Technology Transfer Advancement Act of 1995 (15 U.S.C. 272 note) and Office of Management and Budget Circular A–119.
(h)Planning requirements
The Secretary shall ensure the head of each office and component of the Department takes into account the needs of children, including children within under-served communities, in mission planning and mission execution. In furtherance of this subsection, the Secretary shall require each such head to seek, to the extent practicable, advice and feedback from organizations representing the needs of children. The Federal Advisory Committee Act (5 U.S.C. App.) shall not apply whenever such advice or feedback is sought in accordance with this subsection.
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( Pub. L. 107–296, title I, § 102, Nov. 25, 2002, 116 Stat. 2142; Pub. L. 108–458, title VII, § 7402, Dec. 17, 2004, 118 Stat. 3850; Pub. L. 110–53, title IX, § 902, Aug. 3, 2007, 121 Stat. 371; Pub. L. 114–125, title VIII, § 802(g)(1)(A)(i), Feb. 24, 2016, 130 Stat. 210; Pub. L. 117–130, § 2, June 6, 2022, 136 Stat. 1229.) |
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6 - 1 - 5 - 3 Other officers
(a)Deputy Secretary; Under Secretaries
(1)In generalExcept as provided under paragraph (2), there are the following officers, appointed by the President, by and with the advice and consent of the Senate:
(A)
A Deputy Secretary of Homeland Security, who shall be the Secretary’s first assistant for purposes of subchapter III of chapter 33 of title 5.
(B)
An Under Secretary for Science and Technology.
(C)
A Commissioner of U.S. Customs and Border Protection.
(D)
An Administrator of the Federal Emergency Management Agency.
(E)
A Director of the Bureau of Citizenship and Immigration Services.
(F)
An Under Secretary for Management, who shall be first assistant to the Deputy Secretary of Homeland Security for purposes of subchapter III of chapter 33 of title 5.
(G)
A Director of U.S. Immigration and Customs Enforcement.
(H)
A Director of the Cybersecurity and Infrastructure Security Agency.
(I)
Not more than 12 Assistant Secretaries.
(J)
A General Counsel, who shall be the chief legal officer of the Department.
(K)
An Under Secretary for Strategy, Policy, and Plans.
(2)Assistant Secretaries
If any of the Assistant Secretaries referred to under paragraph (1)(I) is designated to be the Assistant Secretary for Health Affairs, the Assistant Secretary for Legislative Affairs, or the Assistant Secretary for Public Affairs, that Assistant Secretary shall be appointed by the President without the advice and consent of the Senate.
(b)Inspector General
There shall be in the Department an Office of Inspector General and an Inspector General at the head of such office, as provided in chapter 4 of title 5.
(c)Commandant of the Coast Guard
To assist the Secretary in the performance of the Secretary’s functions, there is a Commandant of the Coast Guard, who shall be appointed as provided in section 44 [1] of title 14 and who shall report directly to the Secretary. In addition to such duties as may be provided in this chapter and as assigned to the Commandant by the Secretary, the duties of the Commandant shall include those required by section 2 [1] of title 14.
(d)Other officersTo assist the Secretary in the performance of the Secretary’s functions, there are the following officers, appointed by the President:
(1)
A Director of the Secret Service.
(2)
A Chief Information Officer.
(3)
An Officer for Civil Rights and Civil Liberties.
(4)
An Assistant Secretary for the Countering Weapons of Mass Destruction Office.
(e)Chief Financial Officer
There shall be in the Department a Chief Financial Officer, as provided in chapter 9 of title 31.
(f)Performance of specific functions
Subject to the provisions of this chapter, every officer of the Department shall perform the functions specified by law for the official’s office or prescribed by theSecretary.
(g)Vacancies
(1)Absence, disability, or vacancy of Secretary or Deputy Secretary
Notwithstanding chapter 33 of title 5, the Under Secretary for Management shall serve as the Acting Secretary if by reason of absence, disability, or vacancy in office, neither the Secretary nor Deputy Secretary is available to exercise the duties of the Office of the Secretary.
(2)Further order of succession
Notwithstanding chapter 33 of title 5, the Secretary may designate such other officers of the Department in further order of succession to serve as ActingSecretary.
(3)Notification of vacancies
The Secretary shall notify the Committee on Homeland Security and Governmental Affairs of the Senate and the Committee on Homeland Security of the House of Representatives of any vacancies that require notification under sections 3345 through 3349d of title 5 (commonly known as the “Federal Vacancies Reform Act of 1998”).
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( Pub. L. 107–296, title I, § 103, Nov. 25, 2002, 116 Stat. 2144; Pub. L. 108–7, div. L, § 104(a), Feb. 20, 2003, 117 Stat. 529; Pub. L. 108–330, § 3(d)(1)(A), Oct. 16, 2004, 118 Stat. 1276; Pub. L. 108–458, title VII, § 7407(b), Dec. 17, 2004, 118 Stat. 3853; Pub. L. 109–295, title VI, § 612(b), Oct. 4, 2006, 120 Stat. 1410; Pub. L. 109–347, title V, § 501(b)(1), Oct. 13, 2006, 120 Stat. 1935; Pub. L. 110–53, title V, § 531(b)(2), Aug. 3, 2007, 121 Stat. 334; Pub. L. 110–388, § 1, Oct. 10, 2008, 122 Stat. 4144; Pub. L. 112–166, § 2(f)(5), Aug. 10, 2012, 126 Stat. 1285; Pub. L. 114–125, title VIII, § 802(g)(1)(A)(ii), Feb. 24, 2016, 130 Stat. 211; Pub. L. 114–328, div. A, title XIX, §§ 1901(a), 1903(a), Dec. 23, 2016, 130 Stat. 2665, 2672; Pub. L. 115–278, § 2(g)(1), Nov. 16, 2018, 132 Stat. 4176; Pub. L. 115–387, § 2(f)(1), Dec. 21, 2018, 132 Stat. 5168; Pub. L. 117–286, § 4(b)(21), Dec. 27, 2022, 136 Stat. 4345.) |
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6 - 1 - 5 - 4 Sensitive Security Information
Using funds made available in this Act, the Secretary of Homeland Security shall provide that each office within the Department that handles documents marked as Sensitive Security Information (SSI) shall have at least one employee in that office with authority to coordinate and make determinations on behalf of the agency that such documents meet the criteria for marking as SSI: Provided, That not later than December 31, 2005, the Secretary shall submit to the Committees on Appropriations of the Senate and the House of Representatives: (1) Department-wide policies for designating, coordinating and marking documents as SSI; (2) Department-wide auditing and accountability procedures for documents designated and marked as SSI; (3) the total number of SSI Coordinators within the Department; and (4) the total number of staff authorized to designate SSI documents within the Department:Provided further, That not later than January 31, 2006, the Secretary shall provide to the Committees on Appropriations of the Senate and the House of Representativesthe title of all DHS documents that are designated as SSI in their entirety during the period October 1, 2005, through December 31, 2005: Provided further, That not later than January 31 of each succeeding year, starting on January 31, 2007, the Secretary shall provide annually a similar report to the Committees on Appropriations of the Senate and the House of Representatives on the titles of all DHS documents that are designated as SSI in their entirety during the period of January 1 through December 31 for the preceding year: Provided further, That the Secretary shall promulgate guidance that includes common but extensive examples of SSI that further define the individual categories of information cited under 49 CFR 1520(b)(1) through (16) and eliminates judgment by covered persons in the application of the SSI marking: Provided further, That such guidance shall serve as the primary basis and authority for the marking of DHS information as SSI by covered persons.
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6 - 1 - 5 - 5 Trade and customs revenue functions of the Department
(a)Trade and customs revenue functions
(1)Designation of appropriate officialThe Secretary shall designate an appropriate senior official in the office of the Secretary who shall—
(2)Director of Trade PolicyThere shall be a Director of Trade Policy (in this subsection referred to as the “ Director”), who shall be subject to the direction and control of the official designated pursuant to paragraph (1). The Director shall—
(C)
coordinate the trade and customs revenue-related policies of the Department with the policies of other Federal departments and agencies.
(b)Study; report
(2)AnalysisThe study shall include an analysis of—
(C)
the extent to which the management structure created by the Department ensures effective trade facilitation and customs revenue collection.
(3)Report
Not later than 180 days after October 13, 2006, the Comptroller General shall submit to the appropriate congressional committees a report on the results of the study conducted under subsection (a).
(4)Maintenance of functions
Not later than September 30, 2007, the Secretary shall ensure that the requirements of section 212(b) of this title are fully satisfied and shall report to the Committee on Finance of the Senate and the Committee on Ways and Means of the House of Representatives regarding implementation of this paragraph.
(c)Consultation on trade and customs revenue functions
(1)Business community consultations
The Secretary shall consult with representatives of the business community involved in international trade, including seeking the advice and recommendations of the Commercial Operations Advisory Committee, not later than 30 days after proposing, and not later than 30 days before finalizing, any Department policies, initiatives, or actions that will have a significant impact on international trade and customs revenue functions.
(2)Congressional consultation and notification
(A)In general
Subject to subparagraph (B), the Secretary shall notify the appropriate congressional committees not later than 60 days before proposing, and not later than 60 days before finalizing, any Department policies, initiatives, or actions that will have a major impact on trade and customs revenue functions. Such notifications shall include a description of the proposed policies, initiatives, or actions and any comments or recommendations provided by the Commercial Operations Advisory Committee and other relevant groups regarding the proposed policies, initiatives, or actions.
(B)ExceptionIf the Secretary determines that it is important to the national security interest of the United States to finalize any Department policies, initiatives, or actions prior to the consultation described in subparagraph (A), the Secretary shall—
(i)
notify and provide any recommendations of the Commercial Operations Advisory Committee received to the appropriate congressional committees not later than 45 days after the date on which the policies, initiatives, or actions are finalized; and
(d)Notification of reorganization of customs revenue functions
(1)In generalNot less than 45 days prior to any change in the organization of any of the customs revenue functions of the Department, the Secretary shall notify the Committee on Appropriations, the Committee on Finance, and the Committee on Homeland Security and Governmental Affairs of the Senate, and the Committee on Appropriations, the Committee on Homeland Security, and the Committee on Ways and Means of the House of Representatives of the specific assets, functions, or personnel to be transferred as part of such reorganization, and the reason for such transfer. The notification shall also include—
(A)
an explanation of how trade enforcement functions will be impacted by the reorganization;
(C)
any comments or recommendations provided by the Commercial Operations Advisory Committee regarding such reorganization.
(2)Analysis
Any congressional committee referred to in paragraph (1) may request that the Commercial Operations Advisory Committee provide a report to the committee analyzing the impact of the reorganization and providing any recommendations for modifying the reorganization.
(3)Report
Not later than 1 year after any reorganization referred to in paragraph (1) takes place, the Secretary, in consultation with the Commercial Operations Advisory Committee, shall submit a report to the Committee on Finance of the Senate and the Committee on Ways and Means of the House of Representatives. Such report shall include an assessment of the impact of, and any suggested modifications to, such reorganization.
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( Pub. L. 109–347, title IV, § 401, Oct. 13, 2006, 120 Stat. 1921; Pub. L. 114–125, title IX, § 902, Feb. 24, 2016, 130 Stat. 223.) |
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6 - 1 - 6 INFORMATION ANALYSIS AND INFRASTRUCTURE PROTECTION
(§§ 121 to 165)
6 - 1 - 6 - 1 Information and Analysis and Infrastructure Protection;
Access to Information (§§ 121 to 125)
6 - 1 - 6 - 1 - 1 Information and Analysis
(a)Intelligence and analysis
There shall be in the Department an Office of Intelligence and Analysis.
(b)Under Secretary for Intelligence and Analysis
(1)Office of Intelligence and Analysis
The Office of Intelligence and Analysis shall be headed by an Under Secretary for Intelligence and Analysis, who shall be appointed by the President, by and with the advice and consent of the Senate.
(2)Chief Intelligence Officer
The Under Secretary for Intelligence and Analysis shall serve as the Chief Intelligence Officer of the Department.
(c)Discharge of responsibilities
The Secretary shall ensure that the responsibilities of the Department relating to information analysis, including those described in subsection (d), are carried out through the Under Secretary for Intelligence and Analysis.
(d)Responsibilities of Secretary relating to intelligence and analysisThe responsibilities of the Secretary relating to intelligence and analysis shall be as follows:
(1)To access, receive, and analyze law enforcement information, intelligence information, and other information from agencies of the Federal Government, State and local government agencies (including law enforcement agencies), and private sector entities, and to integrate such information, in support of the mission responsibilities of the Department and the functions of the National Counterterrorism Center established under section 119 of the National Security Act of 1947 [ 50 U.S.C. 3056], in order to—
(A)
identify and assess the nature and scope of terrorist threats to the homeland;
(C)
understand such threats in light of actual and potential vulnerabilities of the homeland.
(2)
To carry out comprehensive assessments of the vulnerabilities of the key resources and critical infrastructure of the United States, including the performance of risk assessments to determine the risks posed by particular types of terrorist attacks within the United States (including an assessment of the probability of success of such attacks and the feasibility and potential efficacy of various countermeasures to such attacks).
(3)To integrate relevant information, analysis, and vulnerability assessments (regardless of whether such information, analysis or assessments are provided by or produced by the Department) in order to—
(A)
identify priorities for protective and support measures regarding terrorist and other threats to homeland security by the Department, other agencies of the Federal Government, State, [1] and local government agencies and authorities, the private sector, and other entities; and
(B)
prepare finished intelligence and information products in both classified and unclassified formats, as appropriate, whenever reasonably expected to be of benefit to a State, local, or tribal government (including a State, local, or tribal law enforcement agency) or a private sector entity.
(4)
To ensure, pursuant to section 122 of this title, the timely and efficient access by the Department to all information necessary to discharge the responsibilities under this section, including obtaining such information from other agencies of the Federal Government.
(5)
To review, analyze, and make recommendations for improvements to the policies and procedures governing the sharing of information within the scope of the information sharing environment established under section 485 of this title, including homeland security information, terrorism information, and weapons of mass destruction information, and any policies, guidelines, procedures, instructions, or standards established under that section.
(6)
To disseminate, as appropriate, information analyzed by the Departmentwithin the Department, to other agencies of the Federal Government with responsibilities relating to homeland security, and to agencies of State and local governments and private sector entities with such responsibilities in order to assist in the deterrence, prevention, preemption of, or response to, terrorist attacks against the United States.
(7)
To consult with the Director of National Intelligence and other appropriate intelligence, law enforcement, or other elements of the Federal Government to establish collection priorities and strategies for information, including law enforcement-related information, relating to threats of terrorism against the United States through such means as the representation of the Department in discussions regarding requirements and priorities in the collection of such information.
(8)
To consult with State and local governments and private sector entities to ensure appropriate exchanges of information, including law enforcement-related information, relating to threats of terrorism against the United States.
(9)To ensure that—
(A)
any material received pursuant to this chapter is protected from unauthorized disclosure and handled and used only for the performance of official duties; and
(B)
any intelligence information under this chapter is shared, retained, and disseminated consistent with the authority of the Director of National Intelligence to protect intelligence sources and methods under the National Security Act of 1947 [ 50 U.S.C. 3001 et seq.] and related procedures and, as appropriate, similar authorities of the Attorney General concerning sensitive law enforcement information.
(10)
To request additional information from other agencies of the Federal Government, State and local government agencies, and the private sector relating to threats of terrorism in the United States, or relating to other areas of responsibility assigned by the Secretary, including the entry into cooperative agreements through the Secretary to obtain such information.
(11)
To establish and utilize, in conjunction with the chief information officer of the Department, a secure communications and information technology infrastructure, including data-mining and other advanced analytical tools, in order to access, receive, and analyze data and information in furtherance of the responsibilities under this section, and to disseminate information acquired and analyzed by the Department, as appropriate.
(12)To ensure, in conjunction with the chief information officer of the Department, that any information databases and analytical tools developed or utilized by the Department—
(A)
are compatible with one another and with relevant information databases of other agencies of the Federal Government; and
(B)
treat information in such databases in a manner that complies with applicable Federal law on privacy.
(13)
To coordinate training and other support to the elements and personnelof the Department, other agencies of the Federal Government, and State and local governments that provide information to the Department, or are consumers of information provided by the Department, in order to facilitate the identification and sharing of information revealed in their ordinary duties and the optimal utilization of information received from the Department.
(14)
To coordinate with elements of the intelligence community and with Federal, State, and local law enforcement agencies, and the private sector, as appropriate.
(15)
To provide intelligence and information analysis and support to other elements of the Department.
(16)
To coordinate and enhance integration among the intelligence components of the Department, including through strategic oversight of the intelligence activities of such components.
(17)
To establish the intelligence collection, processing, analysis, and dissemination priorities, policies, processes, standards, guidelines, and procedures for the intelligence components of the Department, consistent with any directions from the President and, as applicable, the Director of National Intelligence.
(18)
To establish a structure and process to support the missions and goals of the intelligence components of the Department.
(19)To ensure that, whenever possible, the Department—
(A)
produces and disseminates unclassified reports and analytic products based on open-source information; and
(B)
produces and disseminates such reports and analytic products contemporaneously with reports or analytic products concerning the same or similar information that the Department produced and disseminated in a classified format.
(20)
To establish within the Office of Intelligence and Analysis an internal continuity of operations plan.
(21)Based on intelligence priorities set by the President, and guidance from the Secretary and, as appropriate, the Director of National Intelligence—
(A)
to provide to the heads of each intelligence component of the Department guidance for developing the budget pertaining to the activities of such component; and
(B)
to present to the Secretary a recommendation for a consolidated budget for the intelligence components of the Department, together with any comments from the heads of such components.
(22)
To perform such other duties relating to such responsibilities as the Secretary may provide.
(23)
(A)Not later than six months after December 23, 2016, to conduct an intelligence-based review and comparison of the risks and consequences of EMP and GMD facing critical infrastructure, and submit to the Committee on Homeland Security and the Permanent Select Committee on Intelligence of the House of Representatives and the Committee on Homeland Security and Governmental Affairs and the Select Committee on Intelligence of the Senate—
(ii)
not less frequently than every two years thereafter for the next six years, updates of the recommended strategy.
(B)The recommended strategy under subparagraph (A) shall—
(ii)
be developed in consultation with the relevant Federal sector-specific agencies (as defined under Presidential Policy Directive-21) for critical infrastructure;
(iv)
be informed, to the extent practicable, by the findings of the intelligence-based review and comparison of the risks and consequences of EMP and GMD facing critical infrastructure conducted under subparagraph (A); and
(v)
be submitted in unclassified form, but may include a classified annex.
(C)
The Secretary may, if appropriate, incorporate the recommended strategy into a broader recommendation developed by the Department to help protect and prepare critical infrastructure from terrorism, cyber attacks, and other threats if, as incorporated, the recommended strategy complies with subparagraph (B).
(e)Staff
(1)In general
The Secretary shall provide the Office of Intelligence and Analysis with a staff of analysts having appropriate expertise and experience to assist such offices in discharging responsibilities under this section.
(2)Private sector analysts
Analysts under this subsection may include analysts from the private sector.
(3)Security clearances
Analysts under this subsection shall possess security clearances appropriate for their work under this section.
(f)Detail of personnel
(1)In general
In order to assist the Office of Intelligence and Analysis in discharging responsibilities under this section, personnel of the agencies referred to in paragraph (2) may be detailed to the Department for the performance of analytic functions and related duties.
(2)Covered agenciesThe agencies referred to in this paragraph are as follows:
(A)
The Department of State.
(B)
The Central Intelligence Agency.
(C)
The Federal Bureau of Investigation.
(D)
The National Security Agency.
(E)
The National Geospatial-Intelligence Agency.
(F)
The Defense Intelligence Agency.
(G)
Any other agency of the Federal Government that the President considers appropriate.
(3)Cooperative agreements
The Secretary and the head of the agency concerned may enter into cooperative agreements for the purpose of detailing personnel under this subsection.
(4)Basis
The detail of personnel under this subsection may be on a reimbursable or non-reimbursable basis.
(g)Functions transferredIn accordance with subchapter XII, there shall be transferred to the Secretary, for assignment to the Office of Intelligence and Analysis and the Office of Infrastructure Protection under this section, the functions,personnel, assets, and liabilities of the following:
(1)
The National Infrastructure Protection Center of the Federal Bureau of Investigation (other than the Computer Investigations and Operations Section), including the functions of the Attorney General relating thereto.
(2)
The National Communications System of the Department of Defense, including the functions of the Secretary of Defense relating thereto.
(4)
The National Infrastructure Simulation and Analysis Center of the Department of Energy and the energy security and assurance program and activities of the Department, including the functions of the Secretary of Energy relating thereto.
(5)
The Federal Computer Incident Response Center of the General Services Administration, including the functions of the Administrator of General Services relating thereto.
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( Pub. L. 107–296, title II, § 201, Nov. 25, 2002, 116 Stat. 2145; Pub. L. 110–53, title V, §§ 501(a)(2)(A), (b), 531(a), title X, § 1002(a), Aug. 3, 2007, 121 Stat. 309, 332, 374; Pub. L. 110–417, [div. A], title IX, § 931(b)(5), Oct. 14, 2008, 122 Stat. 4575; Pub. L. 111–84, div. A, title X, § 1073(c)(9), Oct. 28, 2009, 123 Stat. 2475; Pub. L. 111–258, § 5(b)(1), Oct. 7, 2010, 124 Stat. 2650; Pub. L. 114–328, div. A, title XIX, § 1913(a)(2), Dec. 23, 2016, 130 Stat. 2685; Pub. L. 115–278, § 2(g)(2)(C), Nov. 16, 2018, 132 Stat. 4177.) |
6 - 1 - 6 - 1 - 1 - a Homeland Security Intelligence Program
There is established within the Department of Homeland Security a Homeland Security Intelligence Program. The Homeland Security Intelligence Programconstitutes the intelligence activities of the Office of Intelligence and Analysis of theDepartment that serve predominantly departmental missions.
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6 - 1 - 6 - 1 - 2 Access to information
(a)In general
(1)Threat and vulnerability information
Except as otherwise directed by the President, the Secretary shall have such access as the Secretary considers necessary to all information, including reports, assessments, analyses, and unevaluated intelligence relating to threats of terrorism against the United States and to other areas of responsibility assigned by the Secretary, and to all information concerning infrastructure or other vulnerabilities of the United States to terrorism,whether or not such information has been analyzed, that may be collected, possessed, or prepared by any agency of the Federal Government.
(2)Other information
The Secretary shall also have access to other information relating to matters under the responsibility of the Secretary that may be collected, possessed, or prepared by an agency of the Federal Government as the President may further provide.
(b)Manner of accessExcept as otherwise directed by the President, with respect to information to which the Secretary has access pursuant to this section—
(1)
the Secretary may obtain such material upon request, and may enter into cooperative arrangements with other executive agencies to provide such material or provide Department officials with access to it on a regular or routine basis, including requests or arrangements involving broad categories of material, access to electronic databases, or both; and
(2)regardless of whether the Secretary has made any request or entered into any cooperative arrangement pursuant to paragraph (1), all agencies of the Federal Government shall promptly provide to the Secretary—
(A)
all reports (including information reports containing intelligence which has not been fully evaluated), assessments, and analytical information relating to threats of terrorism against the United States and to other areas of responsibility assigned by the Secretary;
(B)
all information concerning the vulnerability of the infrastructure of the United States, or other vulnerabilities of the United States, to terrorism, whether or not such information has been analyzed;
(C)
all other information relating to significant and credible threats of terrorism against the United States, whether or not such information has been analyzed; and
(D)
such other information or material as the President may direct.
(c)Treatment under certain lawsThe Secretary shall be deemed to be a Federal law enforcement, intelligence, protective, national defense, immigration, or national security official, and shall be provided with all information from law enforcement agencies that is required to be given to the Director of National Intelligence, under any provision of the following:
(3)
Rule 6(e)(3)(C) of the Federal Rules of Criminal Procedure.
(d)Access to intelligence and other information
(1)Access by elements of Federal Government
Nothing in this subchapter shall preclude any element of the intelligence community (as that term is defined in section 3003(4) of title 50,[1] or any other element of the Federal Government with responsibility for analyzing terrorist threat information, from receiving any intelligence or other information relating to terrorism.
(2)Sharing of information
The Secretary, in consultation with the Director of National Intelligence, shall work to ensure that intelligence or other information relating to terrorism to which the Department has access is appropriately shared with the elements of the Federal Government referred to in paragraph (1), as well as with State and local governments, as appropriate.
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6 - 1 - 6 - 1 - 3 Terrorist travel program
(a)Requirement to establish
Not later than 90 days after August 3, 2007, the Secretary of Homeland Security, in consultation with the Director of the National Counterterrorism Center and consistent with the strategy developed under section 7201,[1] shall establish a program to oversee the implementation of the Secretary’s responsibilities with respect to terrorist travel.
(b)Head of the programThe Secretary of Homeland Security shall designate an official of the Department of Homeland Security to be responsible for carrying out the program. Such official shall be—
(1)
the Assistant Secretary for Policy of the Department of Homeland Security; or
(c)DutiesThe official designated under subsection (b) shall assist the Secretary of Homeland Security in improving the Department’s ability to prevent terrorists from entering the United States or remaining in the United States undetected by—
(1)
developing relevant strategies and policies;
(2)
reviewing the effectiveness of existing programs and recommending improvements, if necessary;
(3)
making recommendations on budget requests and on the allocation of funding and personnel;
(4)ensuring effective coordination, with respect to policies, programs, planning, operations, and dissemination of intelligence and information related to terrorist travel—
(A)among appropriate subdivisions of the Department of Homeland Security, as determined by the Secretary and including—
(i)
United States Customs and Border Protection;
(ii)
United States Immigration and Customs Enforcement;
(iii)
United States Citizenship and Immigration Services;
(iv)
the Transportation Security Administration; and
(v)
the United States Coast Guard; and
(B)
between the Department of Homeland Security and other appropriate Federal agencies; and
(5)
serving as the Secretary’s primary point of contact with the National Counterterrorism Center for implementing initiatives related to terrorist travel and ensuring that the recommendations of the Center related to terrorist travel are carried out by the Department.
(d)Report
Not later than 180 days after August 3, 2007, the Secretary of Homeland Securityshall submit to the Committee on Homeland Security and Governmental Affairs of the Senate and the Committee on Homeland Security of the House of Representatives a report on the implementation of this section.
( Pub. L. 108–458, title VII, § 7215, Dec. 17, 2004, 118 Stat. 3832; Pub. L. 110–53, title VII, § 722, Aug. 3, 2007, 121 Stat. 348.)
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6 - 1 - 6 - 1 - 4 Homeland Security Advisory System
(a)Requirement
The Secretary shall administer the Homeland Security Advisory System in accordance with this section to provide advisories or warnings regarding the threat or risk that acts of terrorism will be committed on the homeland to Federal,State, local, and tribal government authorities and to the people of the UnitedStates, as appropriate. The Secretary shall exercise primary responsibility for providing such advisories or warnings.
(b)Required elementsIn administering the Homeland Security Advisory System, the Secretary shall—
(1)
establish criteria for the issuance and revocation of such advisories or warnings;
(2)
develop a methodology, relying on the criteria established under paragraph (1), for the issuance and revocation of such advisories or warnings;
(3)
provide, in each such advisory or warning, specific information and advice regarding appropriate protective measures and countermeasures that may be taken in response to the threat or risk, at the maximum level of detail practicable to enable individuals, government entities, emergency response providers, and the private sector to act appropriately;
(4)
whenever possible, limit the scope of each such advisory or warning to a specific region, locality, or economic sector believed to be under threat or at risk; and
(5)
not, in issuing any advisory or warning, use color designations as the exclusive means of specifying homeland security threat conditions that are the subject of the advisory or warning.
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6 - 1 - 6 - 1 - 4 - a Homeland security information sharing
(a)Information sharing
Consistent with section 485 of this title, the Secretary, acting through the UnderSecretary for Intelligence and Analysis, shall integrate the information and standardize the format of the products of the intelligence components of theDepartment containing homeland security information, terrorism information, weapons of mass destruction information, or national intelligence (as defined in section 3003(5) of title 50) except for any internal security protocols or personnel information of such intelligence components, or other administrative processes that are administered by any chief security officer of the Department.
(b)Information sharing and knowledge management officers
For each intelligence component of the Department, the Secretary shall designate an information sharing and knowledge management officer who shall report to the Under Secretary for Intelligence and Analysis regarding coordinating the different systems used in the Department to gather and disseminate homeland security information or national intelligence (as defined in section 3003(5) of title 50).
(c)State, local, and private-sector sources of information
(1)Establishment of business processesThe Secretary, acting through the Under Secretary for Intelligence and Analysis or the Director of the Cybersecurity and Infrastructure Security Agency, as appropriate, shall—
(A)
establish Department-wide procedures for the review and analysis of information provided by State, local, and tribal governments and the private sector;
(B)
as appropriate, integrate such information into the information gathered by the Department and other departments and agencies of the Federal Government; and
(C)
make available such information, as appropriate, within the Department and to other departments and agencies of the Federal Government.
(2)Feedback
The Secretary shall develop mechanisms to provide feedback regarding the analysis and utility of information provided by any entity of State, local, or tribal government or the private sector that provides such information to the Department.
(d)Training and evaluation of employees
(1)TrainingThe Secretary, acting through the Under Secretary for Intelligence and Analysis or the Director of the Cybersecurity and Infrastructure Security Agency, as appropriate, shall provide to employees of the Departmentopportunities for training and education to develop an understanding of—
(B)how information available to such employees as part of their duties—
(i)
might qualify as homeland security information or national intelligence; and
(ii)
might be relevant to the Office of Intelligence and Analysis and the intelligence components of the Department.
(2)EvaluationsThe Under Secretary for Intelligence and Analysis shall—
(A)
on an ongoing basis, evaluate how employees of the Office of Intelligence and Analysis and the intelligence components of the Department are utilizing homeland security information or national intelligence, sharing information within the Department, as described in this subchapter, and participating in the information sharing environment established under section 485 of this title; and
(B)
provide to the appropriate component heads regular reports regarding the evaluations under subparagraph (A).
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( Pub. L. 107–296, title II, § 204, as added Pub. L. 110–53, title V, § 501(a)(1), Aug. 3, 2007, 121 Stat. 307; amended Pub. L. 115–278, § 2(g)(2)(E), Nov. 16, 2018, 132 Stat. 4177.) |
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6 - 1 - 6 - 1 - 4 - c Coordination with information sharing environment
(a)GuidanceAll activities to comply with sections 124, 124a, and 124b of this title shall be—
(1)
consistent with any policies, guidelines, procedures, instructions, or standards established under section 485 of this title;
(2)
implemented in coordination with, as appropriate, the program manager for the information sharing environment established under that section;
(3)
consistent with any applicable guidance issued by the Director of National Intelligence; and
(4)
consistent with any applicable guidance issued by the Secretary relating to the protection of law enforcement information or proprietary information.
(b)Consultation
In carrying out the duties and responsibilities under this part, the Under Secretaryfor Intelligence and Analysis shall take into account the views of the heads of the intelligence components of the Department.
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6 - 1 - 6 - 1 - 4 - d Intelligence components
Subject to the direction and control of the Secretary, and consistent with any applicable guidance issued by the Director of National Intelligence, the responsibilities of the head of each intelligence component of the Departmentare as follows:
(1)
To ensure that the collection, processing, analysis, and dissemination of information within the scope of the information sharing environment, including homeland security information, terrorism information, weapons of mass destruction information, and national intelligence (as defined in section 3003(5) of title 50), are carried out effectively and efficiently in support of the intelligence mission of the Department, as led by the Under Secretary for Intelligence and Analysis.
(2)
To otherwise support and implement the intelligence mission of the Department, as led by the Under Secretary for Intelligence and Analysis.
(3)
To incorporate the input of the Under Secretary for Intelligence and Analysis with respect to performance appraisals, bonus or award recommendations, pay adjustments, and other forms of commendation.
(4)
To coordinate with the Under Secretary for Intelligence and Analysis in developing policies and requirements for the recruitment and selection of intelligence officials of the intelligence component.
(5)
To advise and coordinate with the Under Secretary for Intelligence and Analysis on any plan to reorganize or restructure the intelligence component that would, if implemented, result in realignments of intelligence functions.
(6)
To ensure that employees of the intelligence component have knowledge of, and comply with, the programs and policies established by the Under Secretaryfor Intelligence and Analysis and other appropriate officials of the Departmentand that such employees comply with all applicable laws and regulations.
(7)
To perform such other activities relating to such responsibilities as the Secretary may provide.
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6 - 1 - 6 - 1 - 4 - e Training for employees of intelligence components
The Secretary shall provide training and guidance for employees, officials, and senior executives of the intelligence components of the Department to develop knowledge of laws, regulations, operations, policies, procedures, and programs that are related to the functions of the Department relating to the collection, processing, analysis, and dissemination of information within the scope of the information sharing environment, including homeland security information, terrorism information, and weapons of mass destruction information, or national intelligence (as defined in section 3003(5) of title 50).
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6 - 1 - 6 - 1 - 4 - f Intelligence training development for State and local government officials
(a)CurriculumThe Secretary, acting through the Under Secretary for Intelligence and Analysis, shall—
(1)
develop a curriculum for training State, local, and tribal government officials, including law enforcement officers, intelligence analysts, and other emergency response providers, in the intelligence cycle and Federal laws, practices, and regulations regarding the development, handling, and review of intelligence and other information; and
(2)
ensure that the curriculum includes executive level training for senior level State, local, and tribal law enforcement officers, intelligence analysts, and other emergency response providers.
(b)Training
To the extent possible, the Federal Law Enforcement Training Center and other existing Federal entities with the capacity and expertise to train State, local, and tribal government officials based on the curriculum developed under subsection (a) shall be used to carry out the training programs created under this section. If such entities do not have the capacity, resources, or capabilities to conduct such training, the Secretary may approve another entity to conduct such training.
(c)Consultation
In carrying out the duties described in subsection (a), the Under Secretary for Intelligence and Analysis shall consult with the Director of the Federal Law Enforcement Training Center, the Attorney General, the Director of National Intelligence, the Administrator of the Federal Emergency Management Agency, and other appropriate parties, such as private industry, institutions of higher education, nonprofit institutions, and other intelligence agencies of the Federal Government.
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6 - 1 - 6 - 1 - 4 - g Information sharing incentives
(a)Awards
In making cash awards under chapter 45 of title 5, the President or the head of an agency, in consultation with the program manager designated under section 485 of this title, may consider the success of an employee in appropriately sharing information within the scope of the information sharing environment established under that section, including homeland security information, terrorism information, and weapons of mass destruction information, or national intelligence (as defined in section 3003(5) of title 50 [1], in a manner consistent with any policies, guidelines, procedures, instructions, or standards established by the President or, as appropriate, the program manager of that environment for the implementation and management of that environment.
(b)Other incentivesThe head of each department or agency described in section 485(h) of this title, in consultation with the program manager designated under section 485 of this title, shall adopt best practices regarding effective ways to educate and motivate officers and employees of the Federal Government to participate fully in the information sharing environment, including—
(1)
promotions and other nonmonetary awards; and
(2)
publicizing information sharing accomplishments by individual employees and, where appropriate, the tangible end benefits that resulted.
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| (Pub. L. 107–296, title II, § 210, as added Pub. L. 110–53, title V, § 503(a), Aug. 3, 2007, 121 Stat. 313; amended Pub. L. 117–263, div. F, title LXVIII, § 6811(c)(2), Dec. 23, 2022, 136 Stat. 3601.) |
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6 - 1 - 6 - 1 - 4 - h Department of Homeland Security State, Local, and Regional Fusion Center Initiative
(a)Establishment
The Secretary, in consultation with the program manager of the information sharing environment established under section 485 of this title, the Attorney General, the Privacy Officer of the Department, the Officer for Civil Rights and Civil Liberties of the Department, and the Privacy and Civil Liberties Oversight Board established under section 2000ee of title 42, shall establish a Department of Homeland Security State, Local, and Regional Fusion Center Initiative to establish partnerships with State, local, and regional fusion centers.
(b)Department support and coordinationThrough the Department of Homeland Security State, Local, and Regional Fusion Center Initiative, and in coordination with the principal officials of participating State, local, or regional fusion centers and the officers designated as the Homeland Security Advisors of the States, the Secretary shall—
(1)
provide operational and intelligence advice and assistance to State, local, and regional fusion centers;
(3)
conduct tabletop and live training exercises to regularly assess the capability of individual and regional networks of State, local, and regional fusion centers to integrate the efforts of such networks with the efforts of the Department;
(4)
coordinate with other relevant Federal entities engaged in homelandsecurity-related activities;
(5)
provide analytic and reporting advice and assistance to State, local, and regional fusion centers;
(12)
carry out such other duties as the Secretary determines are appropriate.
(c)Personnel assignment
(2)Personnel sourcesOfficers and intelligence analysts assigned to participating fusion centers under this subsection may be assigned from the following Department components, in coordination with the respective component head and in consultation with the principal officials of participating fusion centers:
(A)
Office of Intelligence and Analysis.
(B)
Cybersecurity and Infrastructure Security Agency.
(C)
Transportation Security Administration.
(D)
United States Customs and Border Protection.
(E)
United States Immigration and Customs Enforcement.
(F)
United States Coast Guard.
(3)Qualifying criteria
(B)CriteriaAny criteria developed under subparagraph (A) may include—
(i)
whether the fusion center, through its mission and governance structure, focuses on a broad counterterrorism approach, and whether that broad approach is pervasive through all levels of the organization;
(ii)
whether the fusion center has sufficient numbers of adequately trained personnel to support a broad counterterrorism mission;
(iii)whether the fusion center has—
(I)
access to relevant law enforcement, emergency response, private sector, open source, and national security data; and
(II)
the ability to share and analytically utilize that data for lawful purposes;
(iv)
whether the fusion center is adequately funded by the State, local, or regional government to support its counterterrorism mission; and
(4)Prerequisite
(A)Intelligence analysis, privacy, and civil liberties trainingBefore being assigned to a fusion center under this section, an officer or intelligence analyst shall undergo—
(i)appropriate intelligence analysis or information sharing training using an intelligence-led policing curriculum that is consistent with—
(I)
standard training and education programs offered to Department law enforcement and intelligence personnel; and
(II)
the Criminal Intelligence Systems Operating Policies under part 23 of title 28, Code of Federal Regulations (or any corresponding similar rule or regulation);
(ii)
appropriate privacy and civil liberties training that is developed, supported, or sponsored by the Privacy Officer appointed under section 142 of this title and the Officer for Civil Rights and Civil Liberties of the Department, in consultation with the Privacy and Civil Liberties Oversight Board established under section 2000ee of title 42; and
(iii)
such other training prescribed by the Under Secretary for Intelligence and Analysis.
(B)Prior work experience in areaIn determining the eligibility of an officer or intelligence analyst to be assigned to a fusion center under this section, the Under Secretary for Intelligence and Analysis shall consider the familiarity of the officer or intelligence analyst with the State, locality, or region, as determined by such factors as whether the officer or intelligence analyst—
(i)
has been previously assigned in the geographic area; or
(5)Expedited security clearance processingThe Under Secretary for Intelligence and Analysis—
(B)
may request that security clearance processing be expedited for each such officer or intelligence analyst and may use available funds for such purpose.
(6)Further qualifications
(d)ResponsibilitiesAn officer or intelligence analyst assigned to a fusion center under this section shall—
(3)
create intelligence and other information products derived from such information and other homeland security-relevant information provided by the Department; and
(e)Border intelligence priority
(1)In general
The Secretary shall make it a priority to assign officers and intelligence analysts under this section from United States Customs and Border Protection, United States Immigration and Customs Enforcement, and the Coast Guard to participating State, local, and regional fusion centers located in jurisdictions along land or maritime borders of the United States in order to enhance the integrity of and security at such borders by helping Federal, State,local, and tribal law enforcement authorities to identify, investigate, and otherwise interdict persons, weapons, and related contraband that pose a threat to homeland security.
(2)Border intelligence productsWhen performing the responsibilities described in subsection (d), officers and intelligence analysts assigned to participating State, local, and regional fusion centers under this section shall have, as a primary responsibility, the creation of border intelligence products that—
(A)
assist State, local, and tribal law enforcement agencies in deploying their resources most efficiently to help detect and interdict terrorists, weapons of mass destruction, and related contraband at land or maritime borders of the United States;
(B)
promote more consistent and timely sharing of border security-relevant information among jurisdictions along land or maritime borders of the United States; and
(C)
enhance the Department’s situational awareness of the threat of acts of terrorism at or involving the land or maritime borders of the United States.
(f)Database access
In order to fulfill the objectives described under subsection (d), each officer or intelligence analyst assigned to a fusion center under this section shall have appropriate access to all relevant Federal databases and information systems, consistent with any policies, guidelines, procedures, instructions, or standards established by the President or, as appropriate, the program manager of the information sharing environment for the implementation and management of that environment.
(g)Consumer feedback
(1)In general
The Secretary shall create a voluntary mechanism for any State, local, or tribal law enforcement officer or other emergency response provider who is a consumer of the intelligence or other information products referred to in subsection (d) to provide feedback to the Department on the quality and utility of such intelligence products.
(2)Report
Not later than one year after August 3, 2007, and annually thereafter, theSecretary shall submit to the Committee on Homeland Security and Governmental Affairs of the Senate and the Committee on Homeland Security of the House of Representatives a report that includes a description of the consumer feedback obtained under paragraph (1) and, if applicable, how theDepartment has adjusted its production of intelligence products in response to that consumer feedback.
(i)GuidelinesThe Secretary, in consultation with the Attorney General, shall establish guidelines for fusion centers created and operated by State and local governments, to include standards that any such fusion center shall—
(1)
collaboratively develop a mission statement, identify expectations and goals, measure performance, and determine effectiveness for that fusion center;
(2)
create a representative governance structure that includes law enforcement officers and other emergency response providers and, as appropriate, the private sector;
(3)
create a collaborative environment for the sharing of intelligence and information among Federal, State, local, and tribal government agencies (including law enforcement officers and other emergency response providers), the private sector, and the public, consistent with any policies, guidelines, procedures, instructions, or standards established by the President or, as appropriate, the program manager of the information sharing environment;
(4)
leverage the databases, systems, and networks available from public and private sector entities, in accordance with all applicable laws, to maximize information sharing;
(5)
develop, publish, and adhere to a privacy and civil liberties policy consistent with Federal, State, and local law;
(6)
provide, in coordination with the Privacy Officer of the Department and the Officer for Civil Rights and Civil Liberties of the Department, appropriate privacy and civil liberties training for all State, local, tribal, and private sector representatives at the fusion center;
(7)
ensure appropriate security measures are in place for the facility, data, and personnel;
(9)
offer a variety of intelligence and information services and products to recipients of fusion center intelligence and information; and
(10)
incorporate law enforcement officers, other emergency response providers, and, as appropriate, the private sector, into all relevant phases of the intelligence and fusion process, consistent with the mission statement developed under paragraph (1), either through full time representatives or liaison relationships with the fusion center to enable the receipt and sharing of information and intelligence.
(j)Fusion center information sharing strategyNot later than 1 year after March 2, 2020, and not less frequently than once every 5 years thereafter, the Secretary shall develop or update a strategy for Department engagement with fusion centers. Such strategy shall be developed and updated in consultation with the heads of intelligence components of the Department, the Chief Privacy Officer, the Officer for Civil Rights and Civil Liberties, officials of fusion centers, officers designated as Homeland Security Advisors, and the heads of other relevant agencies, as appropriate. Such strategy shall include the following:
(1)Specific goals and objectives for sharing information and engaging with fusion centers—
(B)
through the use of Department unclassified and classified information sharing systems, including the Homeland Security Information Network and the Homeland Secure Data Network, or any successor systems; and
(C)
through any additional means.
(2)
The performance metrics to be used to measure success in achieving the goals and objectives referred to in paragraph (1).
(k)DefinitionsIn this section—
(1)
the term “ fusion center” means a collaborative effort of 2 or more Federal, State, local, or tribal government agencies that combines resources, expertise, or information with the goal of maximizing the ability of such agencies to detect, prevent, investigate, apprehend, and respond to criminal or terrorist activity;
(3)
the term “ intelligence analyst” means an individual who regularly advises, administers, supervises, or performs work in the collection, gathering, analysis, evaluation, reporting, production, or dissemination of information on political, economic, social, cultural, physical, geographical, scientific, or military conditions, trends, or forces in foreign or domestic areas that directly or indirectly affect national security;
(4)
the term “ intelligence-led policing” means the collection and analysis of information to produce an intelligence end product designed to inform law enforcement decision making at the tactical and strategic levels; and
(l)Authorization of appropriations
There is authorized to be appropriated $10,000,000 for each of fiscal years 2008 through 2012, to carry out this section, except for subsection (i), including for hiring officers and intelligence analysts to replace officers and intelligence analystswho are assigned to fusion centers under this section.
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( Pub. L. 107–296, title II, § 210A, as added Pub. L. 110–53, title V, § 511(a), Aug. 3, 2007, 121 Stat. 317; amended Pub. L. 115–278, § 2(g)(2)(F), Nov. 16, 2018, 132 Stat. 4177; Pub. L. 116–116, § 2, Mar. 2, 2020, 134 Stat. 110.) |
6 - 1 - 6 - 1 - 4 - h - 1 Threat information sharing
(a)Prioritization
The Secretary of Homeland Security shall prioritize the assignment of officers and intelligence analysts under section 124h of this title from the Transportation Security Administration and, as appropriate, from the Office of Intelligence and Analysis of the Department of Homeland Security, to locations with participatingState, local, and regional fusion centers in jurisdictions with a high-risk surface transportation asset in order to enhance the security of such assets, including by improving timely sharing, in a manner consistent with the protection of privacy rights, civil rights, and civil liberties, of information regarding threats of terrorism and other threats, including targeted violence.
(b)Intelligence productsOfficers and intelligence analysts assigned to locations with participating State, local, and regional fusion centers under this section shall participate in the generation and dissemination of transportation security intelligence products, with an emphasis on such products that relate to threats of terrorism and other threats, including targeted violence, to surface transportation assets that—
(1)
assist State, local, and Tribal law enforcement agencies in deploying their resources, including personnel, most efficiently to help detect, prevent, investigate, apprehend, and respond to such threats;
(2)
promote more consistent and timely sharing with and among jurisdictions of threat information; and
(3)
enhance the Department of Homeland Security’s situational awareness of such threats.
(d)Report to Congress
Not later than one year after December 27, 2021, the Secretary of Homeland Security shall submit to the Committee on Homeland Security of the House of Representatives and the Committee on Homeland Security and Governmental Affairs of the Senate a report that includes a detailed description of the measures used to ensure privacy rights, civil rights, and civil liberties protections in carrying out this section.
(e)GAO report
Not later than two years after December 27, 2021, the Comptroller General of the United States shall submit to the Committee on Homeland Security of the House of Representatives and the Committee on Homeland Security and Governmental Affairs of the Senate a review of the implementation of this section, including an assessment of the measures used to ensure privacy rights, civil rights, and civil liberties protections, and any recommendations to improve this implementation, together with any recommendations to improve information sharing with State,local, Tribal, territorial, and private sector entities to prevent, identify, and respond to threats of terrorism and other threats, including targeted violence, tosurface transportation assets.
(f)DefinitionsIn this section:
(1)The term “ surface transportation asset” includes facilities, equipment, or systems used to provide transportation services by—
(C)an owner or operator of—
(i)
an entity offering scheduled, fixed-route transportation services by over-the-road bus (as such term is defined in section 1151(4) of this title); or
(D)
other transportation facilities, equipment, or systems, as determined by the Secretary.
(2)
The term “ targeted violence” means an incident of violence in which an attacker selected a particular target in order to inflict mass injury or death with no discernable political or ideological motivation beyond mass injury or death.
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6 - 1 - 6 - 1 - 4 - i Homeland Security Information Sharing Fellows Program
(a)Establishment
(1)In generalThe Secretary, acting through the Under Secretary for Intelligence and Analysis, and in consultation with the Chief Human Capital Officer, shall establish a fellowship program in accordance with this section for the purpose of—
(A)detailing State, local, and tribal law enforcement officers and intelligence analysts to the Department in accordance with subchapter VI of chapter 33 of title 5 to participate in the work of the Office of Intelligence and Analysis in order to become familiar with—
(i)
the relevant missions and capabilities of the Department and other Federal agencies; and
(ii)
the role, programs, products, and personnel of the Office of Intelligence and Analysis; and
(B)promoting information sharing between the Department and State,local, and tribal law enforcement officers and intelligence analysts by assigning such officers and analysts to—
(i)
serve as a point of contact in the Department to assist in the representation of State, local, and tribal information requirements;
(ii)
identify information within the scope of the information sharing environment, including homeland security information, terrorisminformation, and weapons of mass destruction information, that is of interest to State, local, and tribal law enforcement officers, intelligence analysts, and other emergency response providers;
(iii)
assist Department analysts in preparing and disseminating products derived from information within the scope of the information sharing environment, including homeland security information, terrorism information, and weapons of mass destruction information, that are tailored to State, local, and tribal law enforcement officers and intelligence analysts and designed to prepare for and thwart acts of terrorism; and
(iv)
assist Department analysts in preparing products derived from information within the scope of the information sharing environment, including homeland security information, terrorism information, and weapons of mass destruction information, that are tailored to State,local, and tribal emergency response providers and assist in the dissemination of such products through appropriate Department channels.
(2)Program name
The program under this section shall be known as the “Homeland Security Information Sharing Fellows Program”.
(b)Eligibility
(1)In generalIn order to be eligible for selection as an Information Sharing Fellow under the program under this section, an individual shall—
(A)
have homeland security-related responsibilities;
(B)
be eligible for an appropriate security clearance;
(C)
possess a valid need for access to classified information, as determined by the Under Secretary for Intelligence and Analysis;
(E)
have undergone appropriate privacy and civil liberties training that is developed, supported, or sponsored by the Privacy Officer and the Officer for Civil Rights and Civil Liberties, in consultation with the Privacy and Civil Liberties Oversight Board established under section 2000ee of title 42.
(2)Eligible entitiesIn this subsection, the term “ eligible entity” means—
(A)
a State, local, or regional fusion center;
(B)
a State or local law enforcement or other government entity that serves a major metropolitan area, suburban area, or rural area, as determined by the Secretary;
(C)
a State or local law enforcement or other government entity with port, border, or agricultural responsibilities, as determined by the Secretary;
(D)
a tribal law enforcement or other authority; or
(E)
such other entity as the Secretary determines is appropriate.
(c)Optional participation
No State, local, or tribal law enforcement or other government entity shall be required to participate in the Homeland Security Information Sharing Fellows Program.
(d)Procedures for nomination and selection
(1)In general
The Under Secretary for Intelligence and Analysis shall establish procedures to provide for the nomination and selection of individuals to participate in theHomeland Security Information Sharing Fellows Program.
(2)LimitationsThe Under Secretary for Intelligence and Analysis shall—
(A)
select law enforcement officers and intelligence analysts representing a broad cross-section of State, local, and tribal agencies; and
(B)
ensure that the number of Information Sharing Fellows selected does not impede the activities of the Office of Intelligence and Analysis.
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6 - 1 - 6 - 1 - 4 - j Rural Policing Institute
(a)In generalThe Secretary shall establish a Rural Policing Institute, which shall be administered by the Federal Law Enforcement Training Center, to target training to law enforcement agencies and other emergency response providers located in rural areas. The Secretary, through the Rural Policing Institute, shall—
(2)
develop expert training programs designed to address the needs of law enforcement agencies and other emergency response providers in rural areas as identified in the evaluation conducted under paragraph (1), including training programs about intelligence-led policing and protections for privacy, civil rights, and civil liberties;
(4)
conduct outreach efforts to ensure that local and tribal governments in rural areas are aware of the training programs developed under paragraph (2) so they can avail themselves of such programs.
(b)CurriculaThe training at the Rural Policing Institute established under subsection (a) shall—
(1)
be configured in a manner so as not to duplicate or displace any law enforcement or emergency response program of the Federal Law Enforcement Training Center or a local or tribal government entity in existence on August 3, 2007; and
(2)
to the maximum extent practicable, be delivered in a cost-effective manner at facilities of the Department, on closed military installations with adequate training facilities, or at facilities operated by the participants.
(c)Definition
In this section, the term “rural” means an area that is not located in a metropolitan statistical area, as defined by the Office of Management and Budget.
(d)Authorization of appropriationsThere are authorized to be appropriated to carry out this section (including for contracts, staff, and equipment)—
(1)
$10,000,000 for fiscal year 2008; and
(2)
$5,000,000 for each of fiscal years 2009 through 2013.
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6 - 1 - 6 - 1 - 4 - k Interagency Threat Assessment and Coordination Group
(a)In general
To improve the sharing of information within the scope of the information sharing environment established under section 485 of this title with State, local, tribal, and private sector officials, the Director of National Intelligence, through the program manager for the information sharing environment, in coordination with theSecretary, shall coordinate and oversee the creation of an Interagency Threat Assessment and Coordination Group (referred to in this section as the “ITACG”).
(b)Composition of ITACGThe ITACG shall consist of—
(1)
an ITACG Advisory Council to set policy and develop processes for the integration, analysis, and dissemination of federally-coordinated information within the scope of the information sharing environment, including homelandsecurity information, terrorism information, and weapons of mass destruction information; and
(2)
an ITACG Detail comprised of State, local, and tribal homeland security and law enforcement officers and intelligence analysts detailed to work in the National Counterterrorism Center with Federal intelligence analysts for the purpose of integrating, analyzing, and assisting in the dissemination of federally-coordinated information within the scope of the information sharing environment, including homeland security information, terrorism information, and weapons of mass destruction information, through appropriate channels identified by the ITACG Advisory Council.
(c)Responsibilities of SecretaryThe Secretary, or the Secretary’s designee, in coordination with the Director of the National Counterterrorism Center and the ITACG Advisory Council, shall—
(1)
create policies and standards for the creation of information products derived from information within the scope of the information sharing environment, including homeland security information, terrorism information, and weapons of mass destruction information, that are suitable for dissemination to State, local, and tribal governments and the private sector;
(2)
evaluate and develop processes for the timely dissemination of federally-coordinated information within the scope of the information sharing environment, including homeland security information, terrorism information, and weapons of mass destruction information, to State, local, and tribal governments and the private sector;
(3)
establish criteria and a methodology for indicating to State, local, and tribal governments and the private sector the reliability of information within the scope of the information sharing environment, including homeland security information, terrorism information, and weapons of mass destruction information, disseminated to them;
(4)
educate the intelligence community about the requirements of the State, local, and tribal homeland security, law enforcement, and other emergency response providers regarding information within the scope of the information sharing environment, including homeland security information, terrorism information, and weapons of mass destruction information;
(5)establish and maintain the ITACG Detail, which shall assign an appropriate number of State, local, and tribal homeland security and law enforcement officers and intelligence analysts to work in the National Counterterrorism Center who shall—
(A)
educate and advise National Counterterrorism Center intelligence analysts about the requirements of the State, local, and tribal homelandsecurity and law enforcement officers, and other emergency response providers regarding information within the scope of the information sharing environment, including homeland security information, terrorism information, and weapons of mass destruction information;
(B)
assist National Counterterrorism Center intelligence analysts in integrating, analyzing, and otherwise preparing versions of products derived from information within the scope of the information sharing environment, including homeland security information, terrorisminformation, and weapons of mass destruction information that are unclassified or classified at the lowest possible level and suitable for dissemination to State, local, and tribal homeland security and law enforcement agencies in order to help deter and prevent terrorist attacks;
(C)
implement, in coordination with National Counterterrorism Center intelligence analysts, the policies, processes, procedures, standards, and guidelines developed by the ITACG Advisory Council;
(D)
assist in the dissemination of products derived from information within the scope of the information sharing environment, including homelandsecurity information, terrorism information, and weapons of mass destruction information, to State, local, and tribal jurisdictions only through appropriate channels identified by the ITACG Advisory Council;
(E)
make recommendations, as appropriate, to the Secretary or the Secretary’s designee, for the further dissemination of intelligence products that could likely inform or improve the security of a State, local, or tribal government, (including a State, local, or tribal law enforcement agency) or a private sector entity; and
(F)
report directly to the senior intelligence official from the Departmentunder paragraph (6);
(6)detail a senior intelligence official from the Department of Homeland Security to the National Counterterrorism Center, who shall—
(A)
manage the day-to-day operations of the ITACG Detail;
(B)
report directly to the Director of the National Counterterrorism Center or the Director’s designee; and
(C)
in coordination with the Director of the Federal Bureau of Investigation, and subject to the approval of the Director of the National Counterterrorism Center, select a deputy from the pool of available detailees from the Federal Bureau of Investigation in the National Counterterrorism Center;
(7)
establish, within the ITACG Advisory Council, a mechanism to select law enforcement officers and intelligence analysts for placement in the National Counterterrorism Center consistent with paragraph (5), using criteria developed by the ITACG Advisory Council that shall encourage participation from a broadly representative group of State, local, and tribal homelandsecurity and law enforcement agencies; and
(8)
compile an annual assessment of the ITACG Detail’s performance, including summaries of customer feedback, in preparing, disseminating, and requesting the dissemination of intelligence products intended for State, local and tribal government (including State, local, and tribal law enforcement agencies) and private sector entities.
(d)MembershipThe Secretary, or the Secretary’s designee, shall serve as the chair of the ITACG Advisory Council, which shall include—
(1)representatives of—
(B)
the Federal Bureau of Investigation;
(C)
the National Counterterrorism Center;
(D)
the Department of Defense;
(E)
the Department of Energy;
(F)
the Department of State; and
(G)
other Federal entities as appropriate;
(2)
the program manager of the information sharing environment, designated under section 485(f) of this title, or the program manager’s designee; and
(3)
executive level law enforcement and intelligence officials from State, local, and tribal governments.
(e)CriteriaThe Secretary, in consultation with the Director of National Intelligence, the Attorney General, and the program manager of the information sharing environment established under section 485 of this title, shall—
(1)
establish procedures for selecting members of the ITACG Advisory Council and for the proper handling and safeguarding of products derived from information within the scope of the information sharing environment, including homeland security information, terrorism information, and weapons of mass destruction information, by those members; and
(2)
ensure that at least 50 percent of the members of the ITACG Advisory Council are from State, local, and tribal governments.
(f)Operations
(1)In general
Beginning not later than 90 days after August 3, 2007, the ITACG Advisory Council shall meet regularly, but not less than quarterly, at the facilities of the National Counterterrorism Center of the Office of the Director of National Intelligence.
(2)ManagementPursuant to section 3056(f)(E) [1] of title 50, the Director of the National Counterterrorism Center, acting through the senior intelligence official from the Department of Homeland Security detailed pursuant to subsection (d)(6), [2] shall ensure that—
(A)
the products derived from information within the scope of the information sharing environment, including homeland security information, terrorism information, and weapons of mass destruction information, prepared by the National Counterterrorism Center and the ITACG Detail for distribution to State, local, and tribal homeland security and law enforcement agencies reflect the requirements of such agencies and are produced consistently with the policies, processes, procedures, standards, and guidelines established by the ITACG Advisory Council;
(B)
in consultation with the ITACG Advisory Council and consistent with sections 3024(f)(1)(B)(iii) and 3056(f)(E) 1 of title 50, all products described in subparagraph (A) are disseminated through existing channels of the Department and the Department of Justice and other appropriate channels to State, local, and tribal government officials and other entities;
(C)
all detailees under subsection (d)(5) 2 have appropriate access to all relevant information within the scope of the information sharing environment, including homeland security information, terrorism information, and weapons of mass destruction information, available at the National Counterterrorism Center in order to accomplish the objectives under that paragraph;
(D)
all detailees under subsection (d)(5) 2 have the appropriate security clearances and are trained in the procedures for handling, processing, storing, and disseminating classified products derived from information within the scope of the information sharing environment, including homeland security information, terrorism information, and weapons of mass destruction information; and
(E)
all detailees under subsection (d)(5) 2 complete appropriate privacy and civil liberties training.
(g)Inapplicability of chapter 10 of title 5
Chapter 10 of title 5 shall not apply to the ITACG or any subsidiary groups thereof.
(h)Authorization of appropriations
There are authorized to be appropriated such sums as may be necessary for each of fiscal years 2008 through 2012 to carry out this section, including to obtain security clearances for the State, local, and tribal participants in the ITACG.
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( Pub. L. 107–296, title II, § 210D, as added Pub. L. 110–53, title V, § 521(a), Aug. 3, 2007, 121 Stat. 328; amended Pub. L. 111–258, § 5(b)(2), (c), Oct. 7, 2010, 124 Stat. 2650, 2651; Pub. L. 116–92, div. E, title LXVII, § 6726(b), Dec. 20, 2019, 133 Stat. 2236; Pub. L. 117–286, § 4(a)(12), Dec. 27, 2022, 136 Stat. 4306.) |
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6 - 1 - 6 - 1 - 4 - m Classified Information Advisory Officer
(a)Requirement to establish
The Secretary shall identify and designate within the Department a Classified Information Advisory Officer, as described in this section.
(b)ResponsibilitiesThe responsibilities of the Classified Information Advisory Officer shall be as follows:
(1)To develop and disseminate educational materials and to develop and administer training programs to assist State, local, and tribal governments (including State, local, and tribal law enforcement agencies) and private sector entities—
(A)
in developing plans and policies to respond to requests related to classified information without communicating such information to individuals who lack appropriate security clearances;
(B)
regarding the appropriate procedures for challenging classification designations of information received by personnel of such entities; and
(C)
on the means by which such personnel may apply for security clearances.
(2)
To inform the Under Secretary for Intelligence and Analysis on policies and procedures that could facilitate the sharing of classified information with such personnel, as appropriate.
(c)Initial designationNot later than 90 days after October 7, 2010, the Secretary shall—
(1)
designate the initial Classified Information Advisory Officer; and
(2)
submit to the Committee on Homeland Security and Governmental Affairs of the Senate and the Committee on Homeland Security of the House of Representatives a written notification of the designation.
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( Pub. L. 107–296, title II, § 210E, formerly § 210F, as added Pub. L. 111–258, § 4(a), Oct. 7, 2010, 124 Stat. 2649; renumbered § 210E, Pub. L. 115–278, § 2(g)(2)(J), Nov. 16, 2018, 132 Stat. 4178.) |
6 - 1 - 6 - 1 - 4 - m - 1 Departmental coordination on counter threats
(a)EstablishmentThere is authorized in the Department, for a period of 2 years beginning after December 27, 2020, a Counter Threats Advisory Board (in this section referred to as the “Board”) which shall—
(1)
be composed of senior representatives of departmental operational components and headquarters elements; and
(2)
coordinate departmental intelligence activities and policy and information related to the mission and functions of the Department that counter threats.
(b)CharterThere shall be a charter to govern the structure and mission of the Board, which shall—
(1)
direct the Board to focus on the current threat environment and the importance of aligning departmental activities to counter threats under the guidance of the Secretary; and
(2)
be reviewed and updated as appropriate.
(c)Members
(1)In general
The Board shall be composed of senior representatives of departmental operational components and headquarters elements.
(2)Chair
The Under Secretary for Intelligence and Analysis shall serve as the Chair of the Board.
(3)MembersThe Secretary shall appoint additional members of the Board from among the following:
(A)
The Transportation Security Administration.
(B)
U.S. Customs and Border Protection.
(C)
U.S. Immigration and Customs Enforcement.
(D)
The Federal Emergency Management Agency.
(F)
U.S. Citizenship and Immigration Services.
(G)
The United States Secret Service.
(H)
The Cybersecurity and Infrastructure Security Agency.
(I)
The Office of Operations Coordination.
(J)
The Office of the General Counsel.
(K)
The Office of Intelligence and Analysis.
(L)
The Office of Strategy, Policy, and Plans.
(M)
The Science and Technology Directorate.
(N)
The Office for State and Local Law Enforcement.
(P)
The Office for Civil Rights and Civil Liberties.
(Q)
Other departmental offices and programs as determined appropriate by the Secretary.
(d)MeetingsThe Board shall—
(1)
meet on a regular basis to discuss intelligence and coordinate ongoing threat mitigation efforts and departmental activities, including coordination with other Federal, State, local, tribal, territorial, and private sector partners; and
(f)Prohibition on additional funds
No additional funds are authorized to carry out this section.
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6 - 1 - 6 - 1 - 4 - n Protection of certain facilities and assets
from unmanned aircraft
(a)Authority
Notwithstanding section 46502 of title 49 or sections 32, 1030, 1367 and chapters 119 and 206 of title 18, the Secretary and the Attorney General may, for their respective Departments, take, and may authorize personnel with assigned duties that include the security or protection of people, facilities, or assets, to take such actions as are described in subsection (b)(1) that are necessary to mitigate a credible threat (as defined by the Secretary or the Attorney General, in consultation with the Secretary of Transportation) that an unmanned aircraft system or unmanned aircraft poses to the safety or security of a covered facility or asset.
(b)Actions described
(1)In generalThe actions authorized in subsection (a) are the following:
(2)Required coordination
The Secretary and the Attorney General shall develop for their respective Departments the actions described in paragraph (1) in coordination with theSecretary of Transportation.
(3)Research, testing, training, and evaluation
The Secretary and the Attorney General shall conduct research, testing, training on, and evaluation of any equipment, including any electronic equipment, to determine its capability and utility prior to the use of any such technology for any action described in subsection (b)(1).
(4)Coordination
The Secretary and the Attorney General shall coordinate with the Administrator of the Federal Aviation Administration when any action authorized by this section might affect aviation safety, civilian aviation and aerospace operations, aircraft airworthiness, or the use of the airspace.
(d)Regulations and guidance
(1)In general
The Secretary, the Attorney General, and the Secretary of Transportation may prescribe regulations and shall issue guidance in the respective areas of each Secretary or the Attorney General to carry out this section.
(2)Coordination
(A)Coordination with Department of Transportation
The Secretary and the Attorney General shall coordinate the development of their respective guidance under paragraph (1) with the Secretary of Transportation.
(B)Effect on aviation safety
The Secretary and the Attorney General shall respectively coordinate with the Secretary of Transportation and the Administrator of the Federal Aviation Administration before issuing any guidance, or otherwise implementing this section, if such guidance or implementation might affect aviation safety, civilian aviation and aerospace operations, aircraft airworthiness, or the use of airspace.
(e)Privacy protectionThe regulations or guidance issued to carry out actions authorized under subsection (b) by each Secretary or the Attorney General, as the case may be, shall ensure that—
(1)
the interception or acquisition of, or access to, or maintenance or use of, communications to or from an unmanned aircraft system under this section is conducted in a manner consistent with the First and Fourth Amendments to the Constitution of the United States and applicable provisions of Federal law;
(2)
communications to or from an unmanned aircraft system are intercepted or acquired only to the extent necessary to support an action described in subsection (b)(1);
(3)
records of such communications are maintained only for as long as necessary, and in no event for more than 180 days, unless the Secretary of Homeland Security or the Attorney General determine [1] that maintenance of such records is necessary to investigate or prosecute a violation of law, directly support an ongoing security operation, is required under Federal law, or for the purpose of any litigation;
(4)such communications are not disclosed outside the Department of Homeland Security or the Department of Justice unless the disclosure—
(A)
is necessary to investigate or prosecute a violation of law;
(B)
would support the Department of Defense, a Federal law enforcement agency, or the enforcement activities of a regulatory agency of the Federal Government in connection with a criminal or civil investigation of, or any regulatory, statutory, or other enforcement action relating to an action described in subsection (b)(1);
(C)
is between the Department of Homeland Security and the Department of Justice in the course of a security or protection operation of either agency or a joint operation of such agencies; or
(D)
is otherwise required by law; and
(5)
to the extent necessary, the Department of Homeland Security and the Department of Justice are authorized to share threat information, which shall not include communications referred to in subsection (b), with State, local, territorial, or tribal law enforcement agencies in the course of a security or protection operation.
(f)Budget
The Secretary and the Attorney General shall submit to Congress, as a part of thehomeland security or justice budget materials for each fiscal year after fiscal year 2019, a consolidated funding display that identifies the funding source for the actions described in subsection (b)(1) within the Department of Homeland Security or the Department of Justice. The funding display shall be in unclassified form, but may contain a classified annex.
(g)Semiannual briefings and notifications
(1)In general
On a semiannual basis during the period beginning 6 months after October 5, 2018, and ending on the date specified in subsection (i), the Secretary and the Attorney General shall, respectively, provide a briefing to the appropriate congressional committees on the activities carried out pursuant to this section.
(2)Requirement
Each briefing required under paragraph (1) shall be conducted jointly with the Secretary of Transportation.
(3)ContentEach briefing required under paragraph (1) shall include—
(A)
policies, programs, and procedures to mitigate or eliminate impacts of such activities to the National Airspace System;
(B)
a description of instances in which actions described in subsection (b)(1) have been taken, including all such instances that may have resulted in harm, damage, or loss to a person or to private property;
(C)
a description of the guidance, policies, or procedures established to address privacy, civil rights, and civil liberties issues implicated by the actions allowed under this section, as well as any changes or subsequent efforts that would significantly affect privacy, civil rights or civil liberties;
(D)
a description of options considered and steps taken to mitigate any identified impacts to the national airspace system related to the use of any system or technology, including the minimization of the use of any technology that disrupts the transmission of radio or electronic signals, for carrying out the actions described in subsection (b)(1);
(E)
a description of instances in which communications intercepted or acquired during the course of operations of an unmanned aircraft systemwere held for more than 180 days or shared outside of the Department of Justice or the Department of Homeland Security;
(F)
how the Secretary, the Attorney General, and the Secretary of Transportation have informed the public as to the possible use of authorities under this section; [2]
(G)
how the Secretary, the Attorney General, and the Secretary of Transportation have engaged with Federal, State, and local law enforcement agencies to implement and use such authorities.
(4)Unclassified form
Each briefing required under paragraph (1) shall be in unclassified form, but may be accompanied by an additional classified briefing.
(5)Notification
Within 30 days of deploying any new technology to carry out the actions described in subsection (b)(1), the Secretary and the Attorney General shall, respectively, submit a notification to the appropriate congressional committees. Such notification shall include a description of options considered to mitigate any identified impacts to the national airspace system related to the use of any system or technology, including the minimization of the use of any technology that disrupts the transmission of radio or electronic signals, for carrying out the actions described in subsection (b)(1).
(h)Rule of constructionNothing in this section may be construed to—
(1)
vest in the Secretary or the Attorney General any authority of the Secretaryof Transportation or the Administrator of the Federal Aviation Administration;
(2)
vest in the Secretary of Transportation or the Administrator of the Federal Aviation Administration any authority of the Secretary or the Attorney General;
(3)
vest in the Secretary of Homeland Security any authority of the Attorney General;
(4)
vest in the Attorney General any authority of the Secretary of Homeland Security; or
(5)
provide a new basis of liability for any State, local, territorial, or tribal law enforcement officers who participate in the protection of a mass gathering identified by the Secretary or Attorney General under subsection (k)(3)(C)(iii)(II), act within the scope of their authority, and do not exercise the authority granted to the Secretary and Attorney General by this section.
(i)Termination
The authority to carry out this section with respect to a covered facility or assetspecified in subsection (k)(3) shall terminate on the date that is 4 years after October 5, 2018.
(j)Scope of authority
Nothing in this section shall be construed to provide the Secretary or the Attorney General with additional authorities beyond those described in subsections (a) and (k)(3)(C)(iii).
(k)DefinitionsIn this section:
(1)The term “ appropriate congressional committees” means—
(A)
the Committee on Homeland Security and Governmental Affairs, the Committee on Commerce, Science, and Transportation, and the Committee on the Judiciary of the Senate; and
(B)
the Committee on Homeland Security, the Committee on Transportation and Infrastructure, the Committee on Energy and Commerce, and the Committee on the Judiciary of the House of Representatives.
(3)The term “ covered facility or asset” means any facility or asset that—
(A)
is identified as high-risk and a potential target for unlawful unmanned aircraft activity by the Secretary or the Attorney General, in coordination with the Secretary of Transportation with respect to potentially impacted airspace, through a risk-based assessment for purposes of this section (except that in the case of the missions described in subparagraph (C)(i)(II) and (C)(iii)(I), such missions shall be presumed to be for the protection of a facility or asset that is assessed to be high-risk and a potential target for unlawful unmanned aircraft activity);
(B)
is located in the United States (including the territories and possessions, territorial seas or navigable waters of the United States); and
(C)directly relates to one or more—
(i)missions authorized to be performed by the Department of Homeland Security, consistent with governing statutes, regulations, and orders issued by the Secretary, pertaining to—
(I)
security or protection functions of the U.S. Customs and Border Protection, including securing or protecting facilities, aircraft, and vessels, whether moored or underway;
(ii)missions authorized to be performed by the Department of Justice, consistent with governing statutes, regulations, and orders issued by the Attorney General, pertaining to—
(I)personal protection operations by—
(bb)
the United States Marshals Service of Federal jurists, court officers, witnesses, and other threatened persons in the interests of justice, as specified in section 566(e)(1)(A) of title 28;
(II)
protection of penal, detention, and correctional facilities and operations conducted by the Federal Bureau of Prisons; or
(III)
protection of the buildings and grounds leased, owned, or operated by or for the Department of Justice, and the provision of security for Federal courts, as specified in section 566(a) of title 28;
(iii)missions authorized to be performed by the Department of Homeland Security or the Department of Justice, acting together or separately, consistent with governing statutes, regulations, and orders issued by the Secretary or the Attorney General, respectively, pertaining to—
(I)
protection of a National Special Security Event and Special Event Assessment Rating event;
(II)
the provision of support to State, local, territorial, or tribal law enforcement, upon request of the chief executive officer of the State or territory, to ensure protection of people and property at mass gatherings, that is limited to a specified timeframe and location, within available resources, and without delegating any authority under this section to State, local, territorial, or tribal law enforcement; or
(III)
protection of an active Federal law enforcement investigation, emergency response, or security function, that is limited to a specified timeframe and location; and [3]
(iv)
missions authorized to be performed by the United States Coast Guard, including those described in clause (iii) as directed by the Secretary, and as further set forth in section 104 [4] of title 14, and consistent with governing statutes, regulations, and orders issued by the Secretary of the Department in which the Coast Guard is operating.
(6)
For purposes of subsection (a), the term “ personnel” means officers and employees of the Department of Homeland Security or the Department of Justice.
(8)For purposes of this section, the term “ risk-based assessment” includes an evaluation of threat information specific to a covered facility or asset and, with respect to potential impacts on the safety and efficiency of the national airspace system and the needs of law enforcement and national security at each covered facility or asset identified by the Secretary or the Attorney General, respectively, of each of the following factors:
(A)
Potential impacts to safety, efficiency, and use of the national airspace system, including potential effects on manned aircraft and unmanned aircraft systems, aviation safety, airport operations, infrastructure, and air navigation services related to the use of any system or technology for carrying out the actions described in subsection (b)(1).
(B)
Options for mitigating any identified impacts to the national airspace system related to the use of any system or technology, including minimizing when possible the use of any technology which disrupts the transmission of radio or electronic signals, for carrying out the actions described in subsection (b)(1).
(C)
Potential consequences of the impacts of any actions taken under subsection (b)(1) to the national airspace system and infrastructure if not mitigated.
(D)
The ability to provide reasonable advance notice to aircraft operators consistent with the safety of the national airspace system and the needs of law enforcement and national security.
(E)
The setting and character of any covered facility or asset, including whether it is located in a populated area or near other structures, whether the facility is open to the public, whether the facility is also used for nongovernmental functions, and any potential for interference with wireless communications or for injury or damage to persons or property.
(F)
The setting, character, timeframe, and national airspace system impacts of National Special Security Event and Special Event Assessment Rating events.
(G)
Potential consequences to national security, public safety, or law enforcement if threats posed by unmanned aircraft systems are not mitigated or defeated.
(l)Department of Homeland Security assessment
(1)ReportNot later than 1 year after October 5, 2018, the Secretary shall conduct, in coordination with the Attorney General and the Secretary of Transportation, an assessment to the appropriate congressional committees, including—
(B)
an evaluation of current Federal and [7] State, local, territorial, or tribal law enforcement authorities to counter the threat identified in subparagraph (A), and recommendations, if any, for potential changes to existing authorities to allow State, local, territorial, and tribal law enforcement to assist Federal law enforcement to counter the threat where appropriate;
(C)
an evaluation of the knowledge of, efficiency of, and effectiveness of current procedures and resources available to owners of critical infrastructure and domestic large hub airports when they believe a threat from unmanned aircraft systems is present and what additional actions, if any, the Department of Homeland Security or the Department of Transportation could implement under existing authorities to assist these entities to counter the threat identified in subparagraph (A);
(D)
an assessment of what, if any, additional authorities are needed by each Department and law enforcement to counter the threat identified in subparagraph (A); and
(E)
an assessment of what, if any, additional research and development the Department needs to counter the threat identified in subparagraph (A).
(2)Unclassified form
The report required under paragraph (1) shall be submitted in unclassified form, but may contain a classified annex.
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6 - 1 - 6 - 1 - 4 - 5 Annual report on intelligence activities
of the Department of Homeland Security
(a)In generalFor each fiscal year and along with the budget materials submitted in support of the budget of the Department of Homeland Security pursuant to section 1105(a) of title 31, the Under Secretary for Intelligence and Analysis of the Department shall submit to the congressional intelligence committees a report for such fiscal year on each intelligence activity of each intelligence component of the Department, as designated by the Under Secretary, that includes the following:
(1)
The amount of funding requested for each such intelligence activity.
(2)
The number of full-time employees funded to perform each such intelligence activity.
(3)
The number of full-time contractor employees (or the equivalent of full-time in the case of part-time contractor employees) funded to perform or in support of each such intelligence activity.
(4)
A determination as to whether each such intelligence activity is predominantly in support of national intelligence or departmental missions.
(5)The total number of analysts of the Intelligence Enterprise of the Department that perform—
(A)
strategic analysis; or
(B)
operational analysis.
(b)Feasibility and advisability reportNot later than 120 days after December 19, 2014, the Secretary of Homeland Security, acting through the Under Secretary for Intelligence and Analysis, shall submit to the congressional intelligence committees a report that—
(1)
examines the feasibility and advisability of including the budget request for all intelligence activities of each intelligence component of the Departmentthat predominantly support departmental missions, as designated by the Under Secretary for Intelligence and Analysis, in the Homeland Security Intelligence Program; and
(2)
includes a plan to enhance the coordination of department-wide intelligence activities to achieve greater efficiencies in the performance of the Department of Homeland Security intelligence functions.
(c)Intelligence component of the Department
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6 - 1 - 6 - 1 - 4 - 6 Department of Homeland Security data framework
(a)In general
(1)Development
The Secretary of Homeland Security shall develop a data framework to integrate existing Department of Homeland Security datasets and systems, as appropriate, for access by authorized personnel in a manner consistent with relevant legal authorities and privacy, civil rights, and civil liberties policies and protections.
(2)RequirementsIn developing the framework required under paragraph (1), the Secretary of Homeland Security shall ensure, in accordance with all applicable statutory and regulatory requirements, the following information is included:
(B)
Any information or intelligence relevant to priority mission needs and capability requirements of the homeland security enterprise, as determined appropriate by the Secretary.
(b)Data framework access
(1)In generalThe Secretary of Homeland Security shall ensure that the data framework required under this section is accessible to employees of the Department of Homeland Security who the Secretary determines—
(A)
have an appropriate security clearance;
(B)
are assigned to perform a function that requires access to information in such framework; and
(C)
are trained in applicable standards for safeguarding and using such information.
(2)GuidanceThe Secretary of Homeland Security shall—
(A)
issue guidance for Department of Homeland Security employees authorized to access and contribute to the data framework pursuant to paragraph (1); and
(B)
ensure that such guidance enforces a duty to share between offices and components of the Department when accessing or contributing to such framework for mission needs.
(3)Efficiency
The Secretary of Homeland Security shall promulgate data standards and instruct components of the Department of Homeland Security to make available information through the data framework required under this section in a machine-readable standard format, to the greatest extent practicable.
(c)Exclusion of informationThe Secretary of Homeland Security may exclude information from the data framework required under this section if the Secretary determines inclusion of such information may—
(1)
jeopardize the protection of sources, methods, or activities;
(2)
compromise a criminal or national security investigation;
(3)
be inconsistent with other Federal laws or regulations; or
(4)
be duplicative or not serve an operational purpose if included in such framework.
(d)SafeguardsThe Secretary of Homeland Security shall incorporate into the data framework required under this section systems capabilities for auditing and ensuring the security of information included in such framework. Such capabilities shall include the following:
(1)
Mechanisms for identifying insider threats.
(2)
Mechanisms for identifying security risks.
(3)
Safeguards for privacy, civil rights, and civil liberties.
(e)Deadline for implementation
Not later than 2 years after December 19, 2018, the Secretary of Homeland Security shall ensure the data framework required under this section has the ability to include appropriate information in existence within the Department of Homeland Security to meet the critical mission operations of the Department of Homeland Security.
(f)Notice to Congress
(1)Status updates
The Secretary of Homeland Security shall submit to the appropriate congressional committees regular updates on the status of the data framework until the framework is fully operational.
(2)Operational notification
Not later than 60 days after the date on which the data framework required under this section is fully operational, the Secretary of Homeland Security shall provide notice to the appropriate congressional committees that the data framework is fully operational.
(3)Value added
The Secretary of Homeland Security shall annually brief Congress on component use of the data framework required under this section to support operations that disrupt terrorist activities and incidents in the homeland.
(g)DefinitionsIn this section:
(1)Appropriate congressional committee; homeland
(2)Homeland security information
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6 - 1 - 6 - 2 Critical Infrastructure Information (§§ 131 to 134)
6 - 1 - 6 - 2 - 2 Procedures for sharing information
The Secretary shall establish procedures on the use of information shared under this subchapter that—
(1)
limit the redissemination of such information to ensure that it is not used for an unauthorized purpose;
(2)
ensure the security and confidentiality of such information;
(3)
protect the constitutional and statutory rights of any individuals who are subjects of such information; and
(4)
provide data integrity through the timely removal and destruction of obsolete or erroneous names and information.
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6 - 1 - 6 - 2 - 3 Privacy officer
(a)Appointment and responsibilitiesThe Secretary shall appoint a senior official in the Department, who shall report directly to the Secretary, to assume primary responsibility for privacy policy, including—
(1)
assuring that the use of technologies sustain, and do not erode, privacy protections relating to the use, collection, and disclosure of personal information;
(3)
evaluating legislative and regulatory proposals involving collection, use, and disclosure of personal information by the Federal Government;
(4)
conducting a privacy impact assessment of proposed rules of the Department or that of the Department on the privacy of personal information, including the type of personal information collected and the number of people affected;
(5)coordinating with the Officer for Civil Rights and Civil Liberties to ensure that—
(A)
programs, policies, and procedures involving civil rights, civil liberties, and privacy considerations are addressed in an integrated and comprehensive manner; and
(B)
Congress receives appropriate reports on such programs, policies, and procedures; and
(6)
preparing a report to Congress on an annual basis on activities of the Department that affect privacy, including complaints of privacy violations, implementation of the Privacy Act of 1974 [ 5 U.S.C. 552a], internal controls, and other matters.
(b)Authority to investigate
(1)In generalThe senior official appointed under subsection (a) may—
(A)
have access to all records, reports, audits, reviews, documents, papers, recommendations, and other materials available to the Department that relate to programs and operations with respect to the responsibilities of the senior official under this section;
(B)
make such investigations and reports relating to the administration of the programs and operations of the Department as are, in the senior official’s judgment, necessary or desirable;
(C)
subject to the approval of the Secretary, require by subpoena the production, by any person other than a Federal agency, of all information, documents, reports, answers, records, accounts, papers, and other data and documentary evidence necessary to performance of the responsibilities of the senior official under this section; and
(D)
administer to or take from any person an oath, affirmation, or affidavit, whenever necessary to performance of the responsibilities of the senior official under this section.
(2)Enforcement of subpoenas
Any subpoena issued under paragraph (1)(C) shall, in the case of contumacy or refusal to obey, be enforceable by order of any appropriate United Statesdistrict court.
(3)Effect of oaths
Any oath, affirmation, or affidavit administered or taken under paragraph (1)(D) by or before an employee of the Privacy Office designated for that purpose by the senior official appointed under subsection (a) shall have the same force and effect as if administered or taken by or before an officer having a seal of office.
(c)Supervision and coordination
(1)In generalThe senior official appointed under subsection (a) shall—
(A)
report to, and be under the general supervision of, the Secretary; and
(B)
coordinate activities with the Inspector General of the Department in order to avoid duplication of effort.
(2)Coordination with the Inspector General
(A)In general
Except as provided in subparagraph (B), the senior official appointed under subsection (a) may investigate any matter relating to possible violations or abuse concerning the administration of any program or operation of the Department relevant to the purposes under this section.
(B)Coordination
(i)Referral
Before initiating any investigation described under subparagraph (A), the senior official shall refer the matter and all related complaints, allegations, and information to the Inspector General of the Department.
(ii)Determinations and notifications by the Inspector General
(I)In generalNot later than 30 days after the receipt of a matter referred under clause (i), the Inspector General shall—
(aa)
make a determination regarding whether the Inspector General intends to initiate an audit or investigation of the matter referred under clause (i); and
(bb)
notify the senior official of that determination.
(II)Investigation not initiated
If the Inspector General notifies the senior official under subclause (I)(bb) that the Inspector General intended to initiate an audit or investigation, but does not initiate that audit or investigation within 90 days after providing that notification, the Inspector General shall further notify the senior official that an audit or investigation was not initiated. The further notification under this subclause shall be made not later than 3 days after the end of that 90-day period.
(iii)Investigation by senior officialThe senior official may investigate a matter referred under clause (i) if—
(I)
the Inspector General notifies the senior official under clause (ii)(I)(bb) that the Inspector General does not intend to initiate an audit or investigation relating to that matter; or
(II)
the Inspector General provides a further notification under clause (ii)(II) relating to that matter.
(iv)Privacy training
Any employee of the Office of Inspector General who audits or investigates any matter referred under clause (i) shall be required to receive adequate training on privacy laws, rules, and regulations, to be provided by an entity approved by the Inspector General in consultation with the senior official appointed under subsection (a).
(d)Notification to Congress on removalIf the Secretary removes the senior official appointed under subsection (a) or transfers that senior official to another position or location within the Department, the Secretary shall—
(1)
promptly submit a written notification of the removal or transfer to Houses of Congress; and
(2)
include in any such notification the reasons for the removal or transfer.
(e)Reports by senior official to CongressThe senior official appointed under subsection (a) shall—
(1)
submit reports directly to the Congress regarding performance of the responsibilities of the senior official under this section, without any prior comment or amendment by the Secretary, Deputy Secretary, or any other officer or employee of the Department or the Office of Management and Budget; and
(2)inform the Committee on Homeland Security and Governmental Affairs of the Senate and the Committee on Homeland Security of the House of Representatives not later than—
(A)
30 days after the Secretary disapproves the senior official’s request for a subpoena under subsection (b)(1)(C) or the Secretary substantively modifies the requested subpoena; or
(B)
45 days after the senior official’s request for a subpoena under subsection (b)(1)(C), if that subpoena has not either been approved or disapproved by the Secretary.
( Pub. L. 107–296, title II, § 222, Nov. 25, 2002, 116 Stat. 2155; Pub. L. 108–458, title VIII, § 8305, Dec. 17, 2004, 118 Stat. 3868; Pub. L. 110–53, title VIII, § 802, Aug. 3, 2007, 121 Stat. 358.)
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6 - 1 - 6 - 2 - 5 Cybersecurity workforce assessment and strategy
(a)Workforce assessment
(1)In general
Not later than 180 days after December 18, 2014, and annually thereafter for 3 years, the Secretary shall assess the cybersecurity workforce of theDepartment.
(2)ContentsThe assessment required under paragraph (1) shall include, at a minimum—
(A)
an assessment of the readiness and capacity of the workforce of the Department to meet its cybersecurity mission;
(B)
information on where cybersecurity workforce positions are located within the Department;
(C)information on which cybersecurity workforce positions are—
(i)performed by—
(I)
permanent full-time equivalent employees of the Department, including, to the greatest extent practicable, demographic information about such employees;
(II)
independent contractors; and
(III)
individuals employed by other Federal agencies, including the National Security Agency; or
(D)information on—
(i)
the percentage of individuals within each Cybersecurity Category and Specialty Area who received essential training to perform their jobs; and
(ii)
in cases in which such essential training was not received, what challenges, if any, were encountered with respect to the provision of such essential training.
(b)Workforce strategy
(1)In generalThe Secretary shall—
(A)
not later than 1 year after December 18, 2014, develop a comprehensive workforce strategy to enhance the readiness, capacity, training, recruitment, and retention of the cybersecurity workforce of the Department; and
(B)
maintain and, as necessary, update the comprehensive workforce strategy developed under subparagraph (A).
(2)ContentsThe comprehensive workforce strategy developed under paragraph (1) shall include a description of—
(A)
a multi-phased recruitment plan, including with respect to experienced professionals, members of disadvantaged or underserved communities, the unemployed, and veterans;
(B)
a 5-year implementation plan;
(C)
a 10-year projection of the cybersecurity workforce needs of the Department;
(D)
any obstacle impeding the hiring and development of a cybersecurity workforce in the Department; and
(E)
any gap in the existing cybersecurity workforce of the Department and a plan to fill any such gap.
(c)UpdatesThe Secretary submit [1] to the appropriate congressional committees annual updates on—
(1)
the cybersecurity workforce assessment required under subsection (a); and
(2)
the progress of the Secretary in carrying out the comprehensive workforce strategy required to be developed under subsection (b).
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6 - 1 - 6 - 3 Information Security (§§ 141 to 151)
6 - 1 - 6 - 3 - 2 Procedures for sharing information
The Secretary shall establish procedures on the use of information shared under this subchapter that—
(1)
limit the redissemination of such information to ensure that it is not used for an unauthorized purpose;
(2)
ensure the security and confidentiality of such information;
(3)
protect the constitutional and statutory rights of any individuals who are subjects of such information; and
(4)
provide data integrity through the timely removal and destruction of obsolete or erroneous names and information.
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6 - 1 - 6 - 3 - 3 Privacy officer
(a)Appointment and responsibilitiesThe Secretary shall appoint a senior official in the Department, who shall report directly to the Secretary, to assume primary responsibility for privacy policy, including—
(1)
assuring that the use of technologies sustain, and do not erode, privacy protections relating to the use, collection, and disclosure of personal information;
(3)
evaluating legislative and regulatory proposals involving collection, use, and disclosure of personal information by the Federal Government;
(4)
conducting a privacy impact assessment of proposed rules of the Department or that of the Department on the privacy of personal information, including the type of personal information collected and the number of people affected;
(5)coordinating with the Officer for Civil Rights and Civil Liberties to ensure that—
(A)
programs, policies, and procedures involving civil rights, civil liberties, and privacy considerations are addressed in an integrated and comprehensive manner; and
(B)
Congress receives appropriate reports on such programs, policies, and procedures; and
(6)
preparing a report to Congress on an annual basis on activities of the Department that affect privacy, including complaints of privacy violations, implementation of the Privacy Act of 1974 [ 5 U.S.C. 552a], internal controls, and other matters.
(b)Authority to investigate
(1)In generalThe senior official appointed under subsection (a) may—
(A)
have access to all records, reports, audits, reviews, documents, papers, recommendations, and other materials available to the Department that relate to programs and operations with respect to the responsibilities of the senior official under this section;
(B)
make such investigations and reports relating to the administration of the programs and operations of the Department as are, in the senior official’s judgment, necessary or desirable;
(C)
subject to the approval of the Secretary, require by subpoena the production, by any person other than a Federal agency, of all information, documents, reports, answers, records, accounts, papers, and other data and documentary evidence necessary to performance of the responsibilities of the senior official under this section; and
(D)
administer to or take from any person an oath, affirmation, or affidavit, whenever necessary to performance of the responsibilities of the senior official under this section.
(2)Enforcement of subpoenas
Any subpoena issued under paragraph (1)(C) shall, in the case of contumacy or refusal to obey, be enforceable by order of any appropriate United Statesdistrict court.
(3)Effect of oaths
Any oath, affirmation, or affidavit administered or taken under paragraph (1)(D) by or before an employee of the Privacy Office designated for that purpose by the senior official appointed under subsection (a) shall have the same force and effect as if administered or taken by or before an officer having a seal of office.
(c)Supervision and coordination
(1)In generalThe senior official appointed under subsection (a) shall—
(A)
report to, and be under the general supervision of, the Secretary; and
(B)
coordinate activities with the Inspector General of the Department in order to avoid duplication of effort.
(2)Coordination with the Inspector General
(A)In general
Except as provided in subparagraph (B), the senior official appointed under subsection (a) may investigate any matter relating to possible violations or abuse concerning the administration of any program or operation of the Department relevant to the purposes under this section.
(B)Coordination
(i)Referral
Before initiating any investigation described under subparagraph (A), the senior official shall refer the matter and all related complaints, allegations, and information to the Inspector General of the Department.
(ii)Determinations and notifications by the Inspector General
(I)In generalNot later than 30 days after the receipt of a matter referred under clause (i), the Inspector General shall—
(aa)
make a determination regarding whether the Inspector General intends to initiate an audit or investigation of the matter referred under clause (i); and
(bb)
notify the senior official of that determination.
(II)Investigation not initiated
If the Inspector General notifies the senior official under subclause (I)(bb) that the Inspector General intended to initiate an audit or investigation, but does not initiate that audit or investigation within 90 days after providing that notification, the Inspector General shall further notify the senior official that an audit or investigation was not initiated. The further notification under this subclause shall be made not later than 3 days after the end of that 90-day period.
(iii)Investigation by senior officialThe senior official may investigate a matter referred under clause (i) if—
(I)
the Inspector General notifies the senior official under clause (ii)(I)(bb) that the Inspector General does not intend to initiate an audit or investigation relating to that matter; or
(II)
the Inspector General provides a further notification under clause (ii)(II) relating to that matter.
(iv)Privacy training
Any employee of the Office of Inspector General who audits or investigates any matter referred under clause (i) shall be required to receive adequate training on privacy laws, rules, and regulations, to be provided by an entity approved by the Inspector General in consultation with the senior official appointed under subsection (a).
(d)Notification to Congress on removalIf the Secretary removes the senior official appointed under subsection (a) or transfers that senior official to another position or location within the Department, the Secretary shall—
(1)
promptly submit a written notification of the removal or transfer to Houses of Congress; and
(2)
include in any such notification the reasons for the removal or transfer.
(e)Reports by senior official to CongressThe senior official appointed under subsection (a) shall—
(1)
submit reports directly to the Congress regarding performance of the responsibilities of the senior official under this section, without any prior comment or amendment by the Secretary, Deputy Secretary, or any other officer or employee of the Department or the Office of Management and Budget; and
(2)inform the Committee on Homeland Security and Governmental Affairs of the Senate and the Committee on Homeland Security of the House of Representatives not later than—
(A)
30 days after the Secretary disapproves the senior official’s request for a subpoena under subsection (b)(1)(C) or the Secretary substantively modifies the requested subpoena; or
(B)
45 days after the senior official’s request for a subpoena under subsection (b)(1)(C), if that subpoena has not either been approved or disapproved by the Secretary.
( Pub. L. 107–296, title II, § 222, Nov. 25, 2002, 116 Stat. 2155; Pub. L. 108–458, title VIII, § 8305, Dec. 17, 2004, 118 Stat. 3868; Pub. L. 110–53, title VIII, § 802, Aug. 3, 2007, 121 Stat. 358.)
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6 - 1 - 6 - 3 - 5 Cybersecurity workforce assessment and strategy
(a)Workforce assessment
(1)In general
Not later than 180 days after December 18, 2014, and annually thereafter for 3 years, the Secretary shall assess the cybersecurity workforce of theDepartment.
(2)ContentsThe assessment required under paragraph (1) shall include, at a minimum—
(A)
an assessment of the readiness and capacity of the workforce of the Department to meet its cybersecurity mission;
(B)
information on where cybersecurity workforce positions are located within the Department;
(C)information on which cybersecurity workforce positions are—
(i)performed by—
(I)
permanent full-time equivalent employees of the Department, including, to the greatest extent practicable, demographic information about such employees;
(II)
independent contractors; and
(III)
individuals employed by other Federal agencies, including the National Security Agency; or
(D)information on—
(i)
the percentage of individuals within each Cybersecurity Category and Specialty Area who received essential training to perform their jobs; and
(ii)
in cases in which such essential training was not received, what challenges, if any, were encountered with respect to the provision of such essential training.
(b)Workforce strategy
(1)In generalThe Secretary shall—
(A)
not later than 1 year after December 18, 2014, develop a comprehensive workforce strategy to enhance the readiness, capacity, training, recruitment, and retention of the cybersecurity workforce of the Department; and
(B)
maintain and, as necessary, update the comprehensive workforce strategy developed under subparagraph (A).
(2)ContentsThe comprehensive workforce strategy developed under paragraph (1) shall include a description of—
(A)
a multi-phased recruitment plan, including with respect to experienced professionals, members of disadvantaged or underserved communities, the unemployed, and veterans;
(B)
a 5-year implementation plan;
(C)
a 10-year projection of the cybersecurity workforce needs of the Department;
(D)
any obstacle impeding the hiring and development of a cybersecurity workforce in the Department; and
(E)
any gap in the existing cybersecurity workforce of the Department and a plan to fill any such gap.
(c)UpdatesThe Secretary submit [1] to the appropriate congressional committees annual updates on—
(1)
the cybersecurity workforce assessment required under subsection (a); and
(2)
the progress of the Secretary in carrying out the comprehensive workforce strategy required to be developed under subsection (b).
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6 - 1 - 7 SCIENCE AND TECHNOLOGY IN SUPPORT OF HOMELAND SECURITY
(§§ 181 to 195f)
6 - 1 - 7 - 2 Responsibilities and authorities of the Under Secretary
for Science and Technology
The Secretary, acting through the Under Secretary for Science and Technology, shall have the responsibility for—
(1)
advising the Secretary regarding research and development efforts and priorities in support of the Department’s missions;
(2)
developing, in consultation with other appropriate executive agencies, a national policy and strategic plan for, identifying priorities, goals, objectives and policies for, and coordinating the Federal Government’s civilian efforts to identify and develop countermeasures to chemical, biological, and other emerging terrorist threats, including the development of comprehensive, research-based definable goals for such efforts and development of annual measurable objectives and specific targets to accomplish and evaluate the goals for such efforts;
(3)
supporting the Under Secretary for Intelligence and Analysis and the Director of the Cybersecurity and Infrastructure Security Agency, by assessing and testing homeland security vulnerabilities and possible threats;
(4)
conducting basic and applied research, development, demonstration, testing, and evaluation activities that are relevant to any or all elements of the Department, through both intramural and extramural programs, except that such responsibility does not extend to human health-related research and development activities;
(5)establishing priorities for, directing, funding, and conducting national research, development, test and evaluation, and procurement of technology and systems for—
(A)
preventing the importation of chemical, biological, and related weapons and material; and
(B)
detecting, preventing, protecting against, and responding to terrorist attacks;
(6)
establishing a system for transferring homeland security developments or technologies to Federal, State, local government, and private sector entities;
(7)
entering into work agreements, joint sponsorships, contracts, or any other agreements with the Department of Energy regarding the use of the national laboratories or sites and support of the science and technology base at those facilities;
(9)
collaborating with the Secretary of Health and Human Services and the Attorney General in determining any new biological agents and toxins that shall be listed as “select agents” in Appendix A of part 72 of title 42, Code of Federal Regulations, pursuant to section 262a of title 42;
(10)
supporting United States leadership in science and technology;
(11)
establishing and administering the primary research and development activities of the Department, including the long-term research and development needs and capabilities for all elements of the Department;
(12)
coordinating and integrating all research, development, demonstration, testing, and evaluation activities of the Department;
(13)
coordinating with other appropriate executive agencies in developing and carrying out the science and technology agenda of the Department to reduce duplication and identify unmet needs; and
(14)
developing and overseeing the administration of guidelines for merit review of research and development projects throughout the Department, and for the dissemination of research conducted or sponsored by the Department.
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( Pub. L. 107–296, title III, § 302, Nov. 25, 2002, 116 Stat. 2163; Pub. L. 109–347, title V, § 501(b)(2), Oct. 13, 2006, 120 Stat. 1935; Pub. L. 110–53, title V, § 531(b)(1)(C), Aug. 3, 2007, 121 Stat. 334; Pub. L. 115–278, § 2(g)(3)(A), Nov. 16, 2018, 132 Stat. 4178.) |
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6 - 1 - 7 - 3 Functions transferred
In accordance with subchapter XII, there shall be transferred to the Secretary thefunctions, personnel, assets, and liabilities of the following entities:
(1)The following programs and activities of the Department of Energy, including the functions of the Secretary of Energy relating thereto (but not including programs and activities relating to the strategic nuclear defense posture of the United States):
(A)
The chemical and biological national security and supporting programs and activities of the nonproliferation and verification research and development program.
(B)
The nuclear smuggling programs and activities within the proliferation detection program of the nonproliferation and verification research and development program. The programs and activities described in this subparagraph may be designated by the President either for transfer to the Department or for joint operation by the Secretary and the Secretary of Energy.
(C)
The nuclear assessment program and activities of the assessment, detection, and cooperation program of the international materials protection and cooperation program.
(D)
Such life sciences activities of the biological and environmental research program related to microbial pathogens as may be designated by the President for transfer to the Department.
(E)
The Environmental Measurements Laboratory.
(F)
The advanced scientific computing research program and activities at Lawrence Livermore National Laboratory.
(2)
The National Bio-Weapons Defense Analysis Center of the Department of Defense, including the functions of the Secretary of Defense related thereto.
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6 - 1 - 7 - 4 Conduct of certain public health-related activities
(a)In general
With respect to civilian human health-related research and development activities relating to countermeasures for chemical, biological, radiological, and nuclear and other emerging terrorist threats carried out by the Department of Health and Human Services (including the Public Health Service), the Secretary of Health and Human Services shall set priorities, goals, objectives, and policies and develop a coordinated strategy for such activities in collaboration with the Secretary of Homeland Security to ensure consistency with the national policy and strategic plan developed pursuant to section 182(2) of this title.
(b)Evaluation of progress
In carrying out subsection (a), the Secretary of Health and Human Services shall collaborate with the Secretary in developing specific benchmarks and outcome measurements for evaluating progress toward achieving the priorities and goals described in such subsection.
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6 - 1 - 7 - 6 Miscellaneous provisions
(a)Classification
To the greatest extent practicable, research conducted or supported by the Department shall be unclassified.
(b)Construction
Nothing in this subchapter shall be construed to preclude any Under Secretary of the Department from carrying out research, development, demonstration, or deployment activities, as long as such activities are coordinated through the Under Secretary for Science and Technology.
(c)Regulations
The Secretary, acting through the Under Secretary for Science and Technology, may issue necessary regulations with respect to research, development, demonstration, testing, and evaluation activities of the Department, including the conducting, funding, and reviewing of such activities.
(d)Notification of Presidential life sciences designations
Not later than 60 days before effecting any transfer of Department of Energy life sciences activities pursuant to section 183(1)(D) of this title, the President shall notify the appropriate congressional committees of the proposed transfer and shall include the reasons for the transfer and a description of the effect of the transfer on the activities of the Department of Energy.
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6 - 1 - 7 - 7 Homeland Security Advanced Research Projects Agency
(a)DefinitionsIn this section:
(1)Fund
The term “Fund” means the Acceleration Fund for Research and Development of Homeland Security Technologies established in subsection (c).
(2)Homeland security research
The term “homeland security research” means research relevant to the detection of, prevention of, protection against, response to, attribution of, and recovery from homeland security threats, particularly acts of terrorism.
(3)HSARPA
The term “HSARPA” means the Homeland Security Advanced Research Projects Agency established in subsection (b).
(b)Homeland Security Advanced Research Projects Agency
(1)Establishment
There is established the Homeland Security Advanced Research Projects Agency.
(2)Director
HSARPA shall be headed by a Director, who shall be appointed by the Secretary. The Director shall report to the Under Secretary.
(3)ResponsibilitiesThe Director shall administer the Fund to award competitive, merit-reviewed grants, cooperative agreements or contracts to public or private entities, including businesses, federally funded research and development centers, and universities. The Director shall administer the Fund to—
(B)
advance the development, testing and evaluation, and deployment of critical homeland security technologies;
(C)
accelerate the prototyping and deployment of technologies that would address homeland security vulnerabilities; and
(D)
conduct research and development for the purpose of advancing technology for the investigation of child exploitation crimes, including child victim identification, trafficking in persons, and child pornography, and for advanced forensics.
(4)Targeted competitions
The Director may solicit proposals to address specific vulnerabilities identified by the Director.
(5)Coordination
The Director shall ensure that the activities of HSARPA are coordinated with those of other relevant research agencies, and may run projects jointly with other agencies.
(7)Demonstrations
The Director, periodically, shall hold homeland security technology demonstrations to improve contact among technology developers, vendors and acquisition personnel.
(c)Fund
(1)Establishment
There is established the Acceleration Fund for Research and Development ofHomeland Security Technologies, which shall be administered by the Director of HSARPA.
(2)Authorization of appropriations
There are authorized to be appropriated $500,000,000 to the Fund for fiscal year 2003 and such sums as may be necessary thereafter.
(3)Coast Guard
Of the funds authorized to be appropriated under paragraph (2), not less than 10 percent of such funds for each fiscal year through fiscal year 2005 shall be authorized only for the Under Secretary, through joint agreement with the Commandant of the Coast Guard, to carry out research and development of improved ports, waterways and coastal security surveillance and perimeter protection capabilities for the purpose of minimizing the possibility that Coast Guard cutters, aircraft, helicopters, and personnel will be diverted from non-homeland security missions to the ports, waterways and coastal security mission.
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( Pub. L. 107–296, title III, § 307, Nov. 25, 2002, 116 Stat. 2168; Pub. L. 114–22, title III, § 302(c), formerly § 302(d), May 29, 2015, 129 Stat. 255; renumbered § 302(d), Pub. L. 115–392, § 23(c)(2), Dec. 21, 2018, 132 Stat. 5264.) |
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6 - 1 - 7 - 8 Conduct of research, development, demonstration, testing and evaluation
(b)Extramural programs
(1)In generalThe Secretary, acting through the Under Secretary for Science and Technology, shall operate extramural research, development, demonstration, testing, and evaluation programs so as to—
(A)
ensure that colleges, universities, private research institutes, and companies (and consortia thereof) from as many areas of the United Statesas practicable participate;
(B)
ensure that the research funded is of high quality, as determined through merit review processes developed under section 182(14) of this title; and
(C)
distribute funds through grants, cooperative agreements, and contracts.
(2)University-based centers for homeland security
(A)Designation
The Secretary, acting through the Under Secretary for Science and Technology, shall designate a university-based center or several university-based centers for homeland security. The purpose of the center or these centers shall be to establish a coordinated, university-based system to enhance the Nation’s homeland security.
(B)Criteria for designationCriteria for the designation of colleges or universities as a center for homeland security, shall include, but are not limited to, demonstrated expertise in—
(i)
The training of first responders.
(ii)
Responding to incidents involving weapons of mass destruction and biological warfare.
(iii)
Emergency and diagnostic medical services.
(iv)
Chemical, biological, radiological, and nuclear countermeasures or detection.
(v)
Animal and plant health and diagnostics.
(vii)
Water and wastewater operations.
(viii)
Port and waterway security.
(ix)
Multi-modal transportation.
(x)
Information security and information engineering.
(xii)
Educational outreach and technical assistance.
(xiii)
Border transportation and security.
(xiv)
The public policy implications and public dissemination of homeland security related research and development.
(C)Discretion of Secretary
To the extent that exercising such discretion is in the interest of homelandsecurity, and with respect to the designation of any given university-based center for homeland security, the Secretary may except certain criteria as specified in subparagraph (B) and consider additional criteria beyond those specified in subparagraph (B). Upon designation of a university-based center for homeland security, the Secretary shall that day publish in the Federal Register the criteria that were excepted or added in the selection process and the justification for the set of criteria that were used for that designation.
(D)Report to Congress
The Secretary shall report annually, from the date of enactment, to Congress concerning the implementation of this section. That report shall indicate which center or centers have been designated and how the designation or designations enhance homeland security, as well as report any decisions to revoke or modify such designations.
(E)Authorization of appropriations
There are authorized to be appropriated such sums as may be necessary to carry out this paragraph.
(c)Intramural programs
(1)Consultation
In carrying out the duties under section 182 of this title, the Secretary, acting through the Under Secretary for Science and Technology, may draw upon the expertise of any laboratory of the Federal Government, whether operated by a contractor or the Government.
(2)Laboratories
The Secretary, acting through the Under Secretary for Science and Technology, may establish a headquarters laboratory for the Department at any laboratory or site and may establish additional laboratory units at other laboratories or sites.
(3)Criteria for headquarters laboratoryIf the Secretary chooses to establish a headquarters laboratory pursuant to paragraph (2), then the Secretary shall do the following:
(A)
Establish criteria for the selection of the headquarters laboratory in consultation with the National Academy of Sciences, appropriate Federal agencies, and other experts.
(B)
Publish the criteria in the Federal Register.
(C)
Evaluate all appropriate laboratories or sites against the criteria.
(D)
Select a laboratory or site on the basis of the criteria.
(E)
Report to the appropriate congressional committees on which laboratory was selected, how the selected laboratory meets the published criteria, and what duties the headquarters laboratory shall perform.
(4)Limitation on operation of laboratories
No laboratory shall begin operating as the headquarters laboratory of the Department until at least 30 days after the transmittal of the report required by paragraph (3)(E).
(d)Preference for United States industry
(1)DefinitionsIn this subsection:
(A)Country of concernThe term “ country of concern” means a country that—
(ii)
the Secretary determines is engaged in conduct that is detrimental to the national security of the United States.
(B)Nonprofit organization; small business firm; subject invention
(C)Manufactured substantially in the United States
(3)Waivers
(A)In general
Subject to subparagraph (B), in individual cases, the requirements under section 204 of title 35 may be waived by the Secretary upon a showing by the small business firm, nonprofit organization, or assignee that reasonable but unsuccessful efforts have been made to grant licenses on similar terms to potential licensees that would be likely to manufacture substantially in the United States or that under the circumstances domestic manufacture is not commercially feasible.
(B)Conditions on waivers granted by Department
(i)Before grant of waiver
Before granting a waiver under subparagraph (A), the Secretary shall comply with the procedures developed and implemented by the Department pursuant to section 70923(b)(2) of the Build America, Buy America Act (enacted as subtitle A of title IX of division G of Public Law 117–58).
(ii)Prohibition on granting certain waivers
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( Pub. L. 107–296, title III, § 308, Nov. 25, 2002, 116 Stat. 2170; Pub. L. 108–7, div. L, § 101(1), Feb. 20, 2003, 117 Stat. 526; Pub. L. 117–263, div. G, title LXXI, § 7114, Dec. 23, 2022, 136 Stat. 3633.) |
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6 - 1 - 7 - 9 Utilization of Department of Energy national laboratories
and sites in support of homeland security activities
(a)Authority to utilize national laboratories and sites
(1)In generalIn carrying out the missions of the Department, the Secretary may utilize the Department of Energy national laboratories and sites through any 1 or more of the following methods, as the Secretary considers appropriate:
(A)
A joint sponsorship arrangement referred to in subsection (b).
(B)
A direct contract between the Department and the applicable Department of Energy laboratory or site, subject to subsection (c).
(C)
Any “work for others” basis made available by that laboratory or site.
(D)
Any other method provided by law.
(2)Acceptance and performance by labs and sites
Notwithstanding any other law governing the administration, mission, use, or operations of any of the Department of Energy national laboratories and sites, such laboratories and sites are authorized to accept and perform work for theSecretary, consistent with resources provided, and perform such work on an equal basis to other missions at the laboratory and not on a noninterference basis with other missions of such laboratory or site.
(b)Joint sponsorship arrangements
(1)Laboratories
The Department may be a joint sponsor, under a multiple agency sponsorship arrangement with the Department of Energy, of 1 or more Department of Energy national laboratories in the performance of work.
(2)Sites
The Department may be a joint sponsor of a Department of Energy site in the performance of work as if such site were a federally funded research and development center and the work were performed under a multiple agency sponsorship arrangement with the Department.
(3)Primary sponsor
The Department of Energy shall be the primary sponsor under a multiple agency sponsorship arrangement referred to in paragraph (1) or (2).
(4)Lead agent
The Secretary of Energy shall act as the lead agent in coordinating the formation and performance of a joint sponsorship arrangement under this subsection between the Department and a Department of Energy national laboratory or site.
(5)Federal Acquisition Regulation
Any work performed by a Department of Energy national laboratory or site under a joint sponsorship arrangement under this subsection shall comply with the policy on the use of federally funded research and development centers under the Federal Acquisition Regulations.
(6)Funding
The Department shall provide funds for work at the Department of Energynational laboratories or sites, as the case may be, under a joint sponsorship arrangement under this subsection under the same terms and conditions as apply to the primary sponsor of such national laboratory under section 3303(a)(1)(C) of title 41 or of such site to the extent such section applies to such site as a federally funded research and development center by reason of this subsection.
(c)Separate contracting
To the extent that programs or activities transferred by this chapter from the Department of Energy to the Department of Homeland Security are being carried out through direct contracts with the operator of a national laboratory or site of the Department of Energy, the Secretary of Homeland Security and the Secretary of Energy shall ensure that direct contracts for such programs and activities between the Department of Homeland Security and such operator are separate from the direct contracts of the Department of Energy with such operator.
(d)Authority with respect to cooperative research and development agreements and licensing agreements
In connection with any utilization of the Department of Energy national laboratories and sites under this section, the Secretary may permit the director of any such national laboratory or site to enter into cooperative research and development agreements or to negotiate licensing agreements with any person, any agency or instrumentality, of the United States, any unit of State or local government, and any other entity under the authority granted by section 3710a of title 15. Technology may be transferred to a non-Federal party to such an agreement consistent with the provisions of sections 3710 and 3710a of title 15.
(e)Reimbursement of costs
In the case of an activity carried out by the operator of a Department of Energynational laboratory or site in connection with any utilization of such laboratory or site under this section, the Department of Homeland Security shall reimburse the Department of Energy for costs of such activity through a method under which theSecretary of Energy waives any requirement for the Department of Homeland Security to pay administrative charges or personnel costs of the Department of Energy or its contractors in excess of the amount that the Secretary of Energy pays for an activity carried out by such contractor and paid for by the Department of Energy.
(f)Laboratory directed research and development by the Department of Energy
No funds authorized to be appropriated or otherwise made available to the Department in any fiscal year may be obligated or expended for laboratory directed research and development activities carried out by the Department of Energy unless such activities support the missions of the Department of Homeland Security.
(g)Office for National Laboratories
There is established within the Directorate of Science and Technology an Office for National Laboratories, which shall be responsible for the coordination and utilization of the Department of Energy national laboratories and sites under this section in a manner to create a networked laboratory system for the purpose of supporting the missions of the Department.
(h)Department of Energy coordination on homeland security related research
The Secretary of Energy shall ensure that any research, development, test, and evaluation activities conducted within the Department of Energy that are directly or indirectly related to homeland security are fully coordinated with the Secretary to minimize duplication of effort and maximize the effective application of Federal budget resources.
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6 - 1 - 7 - 10 Transfer of Plum Island Animal Disease Center,
Department of Agriculture
(a)In general
In accordance with subchapter XII, the Secretary of Agriculture shall transfer to the Secretary of Homeland Security the Plum Island Animal Disease Center of the Department of Agriculture, including the assets and liabilities of the Center.
(b)Continued Department of Agriculture access
On completion of the transfer of the Plum Island Animal Disease Center under subsection (a), the Secretary of Homeland Security and the Secretary of Agriculture shall enter into an agreement to ensure that the Department of Agriculture is able to carry out research, diagnostic, and other activities of the Department of Agriculture at the Center.
(c)Direction of activities
The Secretary of Agriculture shall continue to direct the research, diagnostic, and other activities of the Department of Agriculture at the Center described in subsection (b).
(d)Notification
(1)In general
At least 180 days before any change in the biosafety level at the Plum Island Animal Disease Center, the President shall notify Congress of the change and describe the reasons for the change.
(2)Limitation
No change described in paragraph (1) may be made earlier than 180 days after the completion of the transition period (as defined in section 541 of this title).
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6 - 1 - 7 - 11 Homeland Security Science and Technology Advisory Committee
(a)Establishment
There is established within the Department a Homeland Security Science and Technology Advisory Committee (in this section referred to as the “Advisory Committee”). The Advisory Committee shall make recommendations with respect to the activities of the Under Secretary for Science and Technology, including identifying research areas of potential importance to the security of the Nation.
(b)Membership
(1)AppointmentThe Advisory Committee shall consist of 20 members appointed by the Under Secretary for Science and Technology, which shall include emergency first-responders or representatives of organizations or associations of emergency first-responders. The Advisory Committee shall also include representatives of citizen groups, including economically disadvantaged communities. The individuals appointed as members of the Advisory Committee—
(A)
shall be eminent in fields such as emergency response, research, engineering, new product development, business, and management consulting;
(B)
shall be selected solely on the basis of established records of distinguished service;
(C)
shall not be employees of the Federal Government; and
(D)
shall be so selected as to provide representation of a cross-section of the research, development, demonstration, and deployment activities supported by the Under Secretary for Science and Technology.
(2)National Research Council
The Under Secretary for Science and Technology may enter into an arrangement for the National Research Council to select members of the Advisory Committee, but only if the panel used by the National Research Council reflects the representation described in paragraph (1).
(c)Terms of office
(1)In general
Except as otherwise provided in this subsection, the term of office of each member of the Advisory Committee shall be 3 years.
(2)Original appointments
The original members of the Advisory Committee shall be appointed to three classes. One class of six shall have a term of 1 year, one class of seven a term of 2 years, and one class of seven a term of 3 years.
(3)Vacancies
A member appointed to fill a vacancy occurring before the expiration of the term for which the member’s predecessor was appointed shall be appointed for the remainder of such term.
(d)Eligibility
A person who has completed two consecutive full terms of service on the Advisory Committee shall thereafter be ineligible for appointment during the 1-year period following the expiration of the second such term.
(e)Meetings
The Advisory Committee shall meet at least quarterly at the call of the Chair or whenever one-third of the members so request in writing. Each member shall be given appropriate notice of the call of each meeting, whenever possible not less than 15 days before the meeting.
(f)Quorum
A majority of the members of the Advisory Committee not having a conflict of interest in the matter being considered by the Advisory Committee shall constitute a quorum.
(g)Conflict of interest rules
The Advisory Committee shall establish rules for determining when 1 of its members has a conflict of interest in a matter being considered by the Advisory Committee.
(h)Reports
(1)Annual report
The Advisory Committee shall render an annual report to the Under Secretaryfor Science and Technology for transmittal to Congress on or before January 31 of each year. Such report shall describe the activities and recommendations of the Advisory Committee during the previous year.
(2)Additional reports
The Advisory Committee may render to the Under Secretary for transmittal to Congress such additional reports on specific policy matters as it considers appropriate.
(i)Exemption from chapter 10 of title 5
(j)Termination
The Department of Homeland Security Science and Technology Advisory Committee shall terminate on December 31, 2008.
( Pub. L. 107–296, title III, § 311, Nov. 25, 2002, 116 Stat. 2174; Pub. L. 108–334, title V, § 520, Oct. 18, 2004, 118 Stat. 1318; Pub. L. 109–347, title III, § 302(a), Oct. 13, 2006, 120 Stat. 1920; Pub. L. 117–286, § 4(a)(14), Dec. 27, 2022, 136 Stat. 4306.)
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6 - 1 - 7 - 12 Homeland Security Institute
(a)Establishment
The Secretary shall establish a federally funded research and development center to be known as the “Homeland Security Institute” (in this section referred to as the “Institute”).
(b)Administration
The Institute shall be administered as a separate entity by the Secretary.
(c)DutiesThe duties of the Institute shall be determined by the Secretary, and may include the following:
(1)
Systems analysis, risk analysis, and simulation and modeling to determine the vulnerabilities of the Nation’s critical infrastructures and the effectiveness of the systems deployed to reduce those vulnerabilities.
(2)
Economic and policy analysis to assess the distributed costs and benefits of alternative approaches to enhancing security.
(3)
Evaluation of the effectiveness of measures deployed to enhance the security of institutions, facilities, and infrastructure that may be terrorist targets.
(4)
Identification of instances when common standards and protocols could improve the interoperability and effective utilization of tools developed for field operators and first responders.
(5)
Assistance for Federal agencies and departments in establishing testbeds to evaluate the effectiveness of technologies under development and to assess the appropriateness of such technologies for deployment.
(6)
Design of metrics and use of those metrics to evaluate the effectiveness of homeland security programs throughout the Federal Government, including all national laboratories.
(7)
Design of and support for the conduct of homeland security-related exercises and simulations.
(d)Consultation on Institute activities
In carrying out the duties described in subsection (c), the Institute shall consult widely with representatives from private industry, institutions of higher education, nonprofit institutions, other Government agencies, and federally funded research and development centers.
(e)Use of centers
The Institute shall utilize the capabilities of the National Infrastructure Simulation and Analysis Center.
(f)Annual reports
The Institute shall transmit to the Secretary and Congress an annual report on the activities of the Institute under this section.
(g)Termination
The Homeland Security Institute shall terminate 5 years after its establishment.
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( Pub. L. 107–296, title III, § 312, Nov. 25, 2002, 116 Stat. 2176; Pub. L. 108–334, title V, § 519, Oct. 18, 2004, 118 Stat. 1318.) |
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6 - 1 - 7 - 13 Technology clearinghouse to encourage and support innovative solutions
to enhance homeland security
(a)Establishment of program
(b)Elements of programThe program described in subsection (a) shall include the following components:
(1)
The establishment of a centralized Federal clearinghouse for information relating to technologies that would further the mission of the Department for dissemination, as appropriate, to Federal, State, and local government and private sector entities for additional review, purchase, or use.
(2)
The issuance of announcements seeking unique and innovative technologies to advance the mission of the Department.
(3)
The establishment of a technical assistance team to assist in screening, as appropriate, proposals submitted to the Secretary (except as provided in subsection (c)(2)) to assess the feasibility, scientific and technical merits, and estimated cost of such proposals, as appropriate.
(4)
The provision of guidance, recommendations, and technical assistance, as appropriate, to assist Federal, State, and local government and private sector efforts to evaluate and implement the use of technologies described in paragraph (1) or (2).
(5)
The provision of information for persons seeking guidance on how to pursue proposals to develop or deploy technologies that would enhance homeland security, including information relating to Federal funding, regulation, or acquisition.
(c)Miscellaneous provisions
(1)In general
Nothing in this section shall be construed as authorizing the Secretary or the technical assistance team established under subsection (b)(3) to set standards for technology to be used by the Department, any other executive agency, anyState or local government entity, or any private sector entity.
(2)Certain proposals
The technical assistance team established under subsection (b)(3) shall not consider or evaluate proposals submitted in response to a solicitation for offers for a pending procurement or for a specific agency requirement.
(3)Coordination
In carrying out this section, the Secretary shall coordinate with the Technical Support Working Group (organized under the April 1982 National Security Decision Directive Numbered 30).
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6 - 1 - 7 - 14 Enhancement of public safety communications interoperability
(a)Coordination of public safety interoperable communications programs
(1)ProgramThe Secretary of Homeland Security, in consultation with the Secretary of Commerce and the Chairman of the Federal Communications Commission, shall establish a program to enhance public safety interoperable communications at all levels of government. Such program shall—
(B)
coordinate with other Federal agencies in carrying out subparagraph (A);
(C)
develop, in consultation with other appropriate Federal agencies and State and local authorities, appropriate minimum capabilities for communications interoperability for Federal, State, and local public safety agencies;
(D)accelerate, in consultation with other Federal agencies, including the National Institute of Standards and Technology, the private sector, and nationally recognized standards organizations as appropriate, the development of national voluntary consensus standards for public safety interoperable communications, recognizing—
(i)
the value, life cycle, and technical capabilities of existing communications infrastructure;
(ii)
the need for cross-border interoperability between States and nations;
(iii)
the unique needs of small, rural communities; and
(iv)
the interoperability needs for daily operations and catastrophic events;
(E)
encourage the development and implementation of flexible and open architectures incorporating, where possible, technologies that currently are commercially available, with appropriate levels of security, for short-term and long-term solutions to public safety communications interoperability;
(F)
assist other Federal agencies in identifying priorities for research, development, and testing and evaluation with regard to public safety interoperable communications;
(G)
identify priorities within the Department of Homeland Security for research, development, and testing and evaluation with regard to public safety interoperable communications;
(I)
provide technical assistance to State and local public safety agencies regarding planning, acquisition strategies, interoperability architectures, training, and other functions necessary to achieve public safety communications interoperability;
(J)
develop and disseminate best practices to improve public safety communications interoperability; and
(K)
develop appropriate performance measures and milestones to systematically measure the Nation’s progress toward achieving public safety communications interoperability, including the development of national voluntary consensus standards.
(2)Office for Interoperability and Compatibility
(A)Establishment of Office
The Secretary may establish an Office for Interoperability and Compatibility within the Directorate of Science and Technology to carry out this subsection.
(B)FunctionsIf the Secretary establishes such office, the Secretary shall, through such office—
(i)
carry out Department of Homeland Security responsibilities and authorities relating to the SAFECOM Program; and
(3)Authorization of appropriationsThere are authorized to be appropriated to the Secretary to carry out this subsection—
(A)
$22,105,000 for fiscal year 2005;
(B)
$22,768,000 for fiscal year 2006;
(C)
$23,451,000 for fiscal year 2007;
(D)
$24,155,000 for fiscal year 2008; and
(E)
$24,879,000 for fiscal year 2009.
(b)Report
Not later than 120 days after December 17, 2004, the Secretary shall report to the Congress on Department of Homeland Security plans for accelerating the development of national voluntary consensus standards for public safetyinteroperable communications, a schedule of milestones for such development, and achievements of such development.
(c)International interoperabilityNot later than 18 months after December 17, 2004, the President shall establish a mechanism for coordinating cross-border interoperability issues between—
(1)
the United States and Canada; and
(e)Multiyear interoperability grants
(2)Restrictions
(A)Time limit
No multiyear interoperability commitment may exceed 3 years in duration.
(B)Amount of committed funds
The total amount of assistance the Secretary has committed to obligate for any future fiscal year under paragraph (1) may not exceed $150,000,000.
(3)Letters of intent
(A)Issuance
Pursuant to paragraph (1), the Secretary may issue a letter of intent to an applicant committing to obligate from future budget authority an amount, not more than the Federal Government’s share of the project’s cost, for an interoperability communications project (including interest costs and costs of formulating the project).
(B)Schedule
A letter of intent under this paragraph shall establish a schedule under which the Secretary will reimburse the applicant for the Federal Government’s share of the project’s costs, as amounts become available, if the applicant, after the Secretary issues the letter, carries out the project before receiving amounts under a grant issued by the Secretary.
(C)Notice to Secretary
An applicant that is issued a letter of intent under this subsection shall notify the Secretary of the applicant’s intent to carry out a project pursuant to the letter before the project begins.
(D)Notice to Congress
The Secretary shall transmit a written notification to the Congress no later than 3 days before the issuance of a letter of intent under this section.
(E)Limitations
A letter of intent issued under this section is not an obligation of the Government under section 1501 of title 31 and is not deemed to be an administrative commitment for financing. An obligation or administrative commitment may be made only as amounts are provided in authorization and appropriations laws.
(F)Statutory constructionNothing in this subsection shall be construed—
(i)
to prohibit the obligation of amounts pursuant to a letter of intent under this subsection in the same fiscal year as the letter of intent is issued; or
(ii)
to apply to, or replace, Federal assistance intended for interoperable communications that is not provided pursuant to a commitment under this subsection.
(f)Interoperable communications plansAny applicant requesting funding assistance from the Secretary for interoperable communications for emergency response providers shall submit an Interoperable Communications Plan to the Secretary for approval. Such a plan shall—
(1)
describe the current state of communications interoperability in the applicable jurisdictions among Federal, State, and local emergency response providers and other relevant private resources;
(2)
describe the available and planned use of public safety frequency spectrum and resources for interoperable communications within such jurisdictions;
(4)
include a 5-year plan for the dedication of Federal, State, and local government and private resources to achieve a consistent, secure, and effective interoperable communications system, including planning, system design and engineering, testing and technology development, procurement and installation, training, and operations and maintenance;
(5)
describe how such 5-year plan meets or exceeds any applicable standards and grant requirements established by the Secretary;
(6)
include information on the governance structure used to develop the plan, including such information about all agencies and organizations that participated in developing the plan and the scope and timeframe of the plan; and
(7)
describe the method by which multi-jurisdictional, multidisciplinary input is provided from all regions of the jurisdiction, including any high-threat urban areas located in the jurisdiction, and the process for continuing to incorporate such input.
(g)DefinitionsIn this section:
(1)Interoperable communications
The term “interoperable communications” means the ability of emergency response providers and relevant Federal, State, and local government agencies to communicate with each other as necessary, through a dedicated public safety network utilizing information technology systems and radio communications systems, and to exchange voice, data, and video with one another on demand, in real time, as necessary.
(2)Emergency response providers
(i)Sense of Congress regarding interoperable communications
(1)FindingThe Congress finds that—
(A)
many first responders working in the same jurisdiction or in different jurisdictions cannot effectively and efficiently communicate with one another; and
(B)
their inability to do so threatens the public’s safety and may result in unnecessary loss of lives and property.
(2)Sense of Congress
It is the sense of Congress that interoperable emergency communications systems and radios should continue to be deployed as soon as practicable for use by the first responder community, and that upgraded and new digital communications systems and new digital radios must meet prevailing national, voluntary consensus standards for interoperability.
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( Pub. L. 108–458, title VII, § 7303, Dec. 17, 2004, 118 Stat. 3843; Pub. L. 110–53, title III, § 301(c), Aug. 3, 2007, 121 Stat. 299.) |
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6 - 1 - 7 - 15 Office for Interoperability and Compatibility
(a)Clarification of responsibilitiesThe Director of the Office for Interoperability and Compatibility shall—
(2)
in coordination with the Federal Communications Commission, the National Institute of Standards and Technology, and other Federal departments and agencies with responsibility for standards, support the creation of national voluntary consensus standards for interoperable emergency communications;
(3)
establish a comprehensive research, development, testing, and evaluation program for improving interoperable emergency communications;
(4)
establish, in coordination with the Director for Emergency Communications, [1] requirements for interoperable emergency communications capabilities, which shall be nonproprietary where standards for such capabilities exist, for all public safety radio and data communications systems and equipment purchased using homeland security assistance administered by the Department, excluding any alert and warning device, technology, or system;
(5)
carry out the Department’s responsibilities and authorities relating to research, development, testing, evaluation, or standards-related elements of the SAFECOM Program;
(6)
evaluate and assess new technology in real-world environments to achieve interoperable emergency communications capabilities;
(7)
encourage more efficient use of existing resources, including equipment, to achieve interoperable emergency communications capabilities;
(8)
test public safety communications systems that are less prone to failure, support new nonvoice services, use spectrum more efficiently, and cost less than existing systems;
(9)
coordinate with the private sector to develop solutions to improve emergency communications capabilities and achieve interoperable emergency communications capabilities; and
(10)conduct pilot projects, in coordination with the Director for Emergency Communications,1 to test and demonstrate technologies, including data and video, that enhance—
(A)
the ability of emergency response providers and relevant government officials to continue to communicate in the event of natural disasters, acts of terrorism, and other man-made disasters; and
(B)
interoperable emergency communications capabilities.
(b)Coordination
The Director of the Office for Interoperability and Compatibility shall coordinate with the Director for Emergency Communications 1 with respect to the SAFECOM program.
(c)Sufficiency of resources
The Secretary shall provide the Office for Interoperability and Compatibility the resources and staff necessary to carry out the responsibilities under this section.
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6 - 1 - 7 - 16 Emergency communications interoperability research and development
(a)In generalThe Under Secretary for Science and Technology, acting through the Director of the Office for Interoperability and Compatibility, shall establish a comprehensive research and development program to support and promote—
(1)
the ability of emergency response providers and relevant government officials to continue to communicate in the event of natural disasters, acts of terrorism, and other man-made disasters; and
(2)interoperable emergency communications capabilities among emergency response providers and relevant government officials, including by—
(A)
supporting research on a competitive basis, including through the Directorate of Science and Technology and Homeland Security Advanced Research Projects Agency; and
(B)
considering the establishment of a Center of Excellence under the Department of Homeland Security Centers of Excellence Program focused on improving emergency response providers’ communication capabilities.
(b)PurposesThe purposes of the program established under subsection (a) include—
(1)
supporting research, development, testing, and evaluation on emergency communication capabilities;
(2)
understanding the strengths and weaknesses of the public safety communications systems in use;
(3)
examining how current and emerging technology can make emergency response providers more effective, and how Federal, State, local, and tribal government agencies can use this technology in a coherent and cost-effective manner;
(4)
investigating technologies that could lead to long-term advancements in emergency communications capabilities and supporting research on advanced technologies and potential systemic changes to dramatically improve emergency communications; and
(5)
evaluating and validating advanced technology concepts, and facilitating the development and deployment of interoperable emergency communication capabilities.
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6 - 1 - 7 - 17 National Biosurveillance Integration Center
(a)Establishment
The Secretary, acting through the Assistant Secretary for the Countering Weapons of Mass Destruction Office, shall establish, operate, and maintain a National Biosurveillance Integration Center (referred to in this section as the “NBIC”), which shall be headed by a Directing Officer, under an office or directorate of theDepartment that is in existence as of August 3, 2007.
(b)Primary missionThe primary mission of the NBIC is to—
(1)enhance the capability of the Federal Government to—
(A)
rapidly identify, characterize, localize, and track a biological event of national concern by integrating and analyzing data relating to human health, animal, plant, food, and environmental monitoring systems (both national and international); and
(B)
disseminate alerts and other information to Member Agencies and, in coordination with (and where possible through) Member Agencies, to agencies of State, local, and tribal governments, as appropriate, to enhance the ability of such agencies to respond to a biological event of national concern; and
(2)
oversee development and operation of the National Biosurveillance Integration System.
(c)RequirementsThe NBIC shall detect, as early as possible, a biological event of national concern that presents a risk to the United States or the infrastructure or key assets of the United States, including by—
(1)
consolidating data from all relevant surveillance systems maintained by Member Agencies to detect biological events of national concern across human, animal, and plant species;
(2)
seeking private sources of surveillance, both foreign and domestic, when such sources would enhance coverage of critical surveillance gaps;
(3)
using an information technology system that uses the best available statistical and other analytical tools to identify and characterize biological events of national concern in as close to real-time as is practicable;
(4)
providing the infrastructure for such integration, including information technology systems and space, and support for personnel from Member Agencies with sufficient expertise to enable analysis and interpretation of data;
(5)
working with Member Agencies to create information technology systems that use the minimum amount of patient data necessary and consider patient confidentiality and privacy issues at all stages of development and apprise the Privacy Officer of such efforts; and
(6)
alerting Member Agencies and, in coordination with (and where possible through) Member Agencies, public health agencies of State, local, and tribal governments regarding any incident that could develop into a biological event of national concern.
(d)Responsibilities of the Directing Officer of the NBIC
(1)In generalThe Directing Officer of the NBIC shall—
(A)
on an ongoing basis, monitor the availability and appropriateness of surveillance systems used by the NBIC and those systems that could enhance biological situational awareness or the overall performance of the NBIC;
(B)
on an ongoing basis, review and seek to improve the statistical and other analytical methods used by the NBIC;
(D)
provide technical assistance, as appropriate, to all Federal, regional, State, local, and tribal government entities and private sector entities that contribute data relevant to the operation of the NBIC.
(2)AssessmentsThe Directing Officer of the NBIC shall—
(3)Information sharing
(A)In generalThe Directing Officer of the NBIC shall—
(i)
establish a method of real-time communication with the National Operations Center;
(iii)
provide any report on NBIC assessments to Member Agencies and, in coordination with relevant Member Agencies, any affected regional, State, local, or tribal government, and any private sector entity considered appropriate that may enhance the mission of such Member Agencies, governments, or entities or the ability of the Nation to respond to biological events of national concern; and
(iv)
share NBIC incident or situational awareness reports, and other relevant information, consistent with the information sharing environment established under section 485 of this title and any policies, guidelines, procedures, instructions, or standards established under that section.
(B)Consultation
The Directing Officer of the NBIC shall implement the activities described in subparagraph (A) consistent with the policies, guidelines, procedures, instructions, or standards established under section 485 of this title and in consultation with the Director of National Intelligence, the Under Secretary for Intelligence and Analysis, and other offices or agencies of the Federal Government, as appropriate.
(e)Responsibilities of the NBIC member agencies
(1) [1] In generalEach Member Agency shall—
(A)
use its best efforts to integrate biosurveillance information into the NBIC, with the goal of promoting information sharing between Federal, State, local, and tribal governments to detect biological events of national concern;
(B)
provide timely information to assist the NBIC in maintaining biological situational awareness for accurate detection and response purposes;
(C)
enable the NBIC to receive and use biosurveillance information from member agencies to carry out its requirements under subsection (c);
(D)
connect the biosurveillance data systems of that Member Agency to the NBIC data system under mutually agreed protocols that are consistent with subsection (c)(5);
(E)
participate in the formation of strategy and policy for the operation of the NBIC and its information sharing;
(F)
provide personnel to the NBIC under an interagency personnel agreement and consider the qualifications of such personnel necessary to provide human, animal, and environmental data analysis and interpretation support to the NBIC; and
(G)
retain responsibility for the surveillance and intelligence systems of that department or agency, if applicable.
(f)Administrative authorities
(1)Hiring of experts
The Directing Officer of the NBIC shall hire individuals with the necessary expertise to develop and operate the NBIC.
(2)Detail of personnel
Upon the request of the Directing Officer of the NBIC, the head of any Federaldepartment or agency may detail, on a reimbursable basis, any of thepersonnel of that department or agency to the Department to assist the NBICin carrying out this section.
(g)NBIC interagency working groupThe Directing Officer of the NBIC shall—
(1)
establish an interagency working group to facilitate interagency cooperation and to advise the Directing Officer of the NBIC regarding recommendations to enhance the biosurveillance capabilities of the Department; and
(2)
invite Member Agencies to serve on that working group.
(h)Relationship to other departments and agencies
The authority of the Directing Officer of the NBIC under this section shall not affect any authority or responsibility of any other department or agency of the Federal Government with respect to biosurveillance activities under any program administered by that department or agency.
(i)Authorization of appropriations
There are authorized to be appropriated such sums as are necessary to carry out this section.
(j)DefinitionsIn this section:
(4)
The term “ Member Agency” means any Federal department or agency that, at the discretion of the head of that department or agency, has entered a memorandum of understanding regarding participation in the NBIC.
( Pub. L. 107–296, title III, § 316, as added Pub. L. 110–53, title XI, § 1101(a), Aug. 3, 2007, 121 Stat. 375; amended Pub. L. 115–387, § 2(f)(2), Dec. 21, 2018, 132 Stat. 5168.)
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6 - 1 - 7 - 18 Promoting antiterrorism through international cooperation program
(a)DefinitionsIn this section:
(2)International cooperative activityThe term “ international cooperative activity” includes—
(A)
coordinated research projects, joint research projects, or joint ventures;
(B)
joint studies or technical demonstrations;
(C)
coordinated field exercises, scientific seminars, conferences, symposia, and workshops;
(D)
training of scientists and engineers;
(E)
visits and exchanges of scientists, engineers, or other appropriate personnel;
(F)
exchanges or sharing of scientific and technological information; and
(G)
joint use of laboratory facilities and equipment.
(b)Science and Technology Homeland Security International Cooperative Programs Office
(1)Establishment
The Under Secretary shall establish the Science and Technology Homeland Security International Cooperative Programs Office.
(2)DirectorThe Office shall be headed by a Director, who—
(A)
shall be selected, in consultation with the Assistant Secretary for International Affairs, by and shall report to the Under Secretary; and
(B)
may be an officer of the Department serving in another position.
(3)Responsibilities
(A)Development of mechanisms
The Director shall be responsible for developing, in coordination with the Department of State and, as appropriate, the Department of Defense, the Department of Energy, and other Federal agencies, understandings and agreements to allow and to support international cooperative activity in support of homeland security.
(C)Activities
The Director shall facilitate the planning, development, and implementation of international cooperative activity to address the strategic priorities developed under subparagraph (B) through mechanisms the Under Secretary considers appropriate, including grants, cooperative agreements, or contracts to or with foreign public or private entities, governmental organizations, businesses (including small businesses and socially and economically disadvantaged small businesses (as those terms are defined in sections 632 and 637 of title 15, respectively)), federally funded research and development centers, and universities.
(D)Identification of partners
The Director shall facilitate the matching of United States entities engaged in homeland security research with non-United States entities engaged inhomeland security research so that they may partner in homeland security research activities.
(4)Coordination
The Director shall ensure that the activities under this subsection are coordinated with the Office of International Affairs and the Department of State and, as appropriate, the Department of Defense, the Department of Energy, and other relevant Federal agencies or interagency bodies. TheDirector may enter into joint activities with other Federal agencies.
(c)Matching funding
(1)In general
(A)Equitability
The Director shall ensure that funding and resources expended in international cooperative activity will be equitably matched by the foreign partner government or other entity through direct funding, funding of complementary activities, or the provision of staff, facilities, material, or equipment.
(B)Grant matching and repayment
(i)In generalThe Secretary may require a recipient of a grant under this section—
(I)
to make a matching contribution of not more than 50 percent of the total cost of the proposed project for which the grant is awarded; and
(II)
to repay to the Secretary the amount of the grant (or a portion thereof), interest on such amount at an appropriate rate, and such charges for administration of the grant as the Secretary determines appropriate.
(ii)Maximum amount
The Secretary may not require that repayment under clause (i)(II) be more than 150 percent of the amount of the grant, adjusted for inflation on the basis of the Consumer Price Index.
(2)Foreign partners
Partners may include Israel, the United Kingdom, Canada, Australia, Singapore, and other allies in the global war on terrorism as determined to be appropriate by the Secretary of Homeland Security and the Secretary of State.
(3)Loans of equipment
The Director may make or accept loans of equipment for research and development and comparative testing purposes.
(d)Foreign reimbursements
If the Science and Technology Homeland Security International Cooperative Programs Office participates in an international cooperative activity with a foreign partner on a cost-sharing basis, any reimbursements or contributions received from that foreign partner to meet its share of the project may be credited to appropriate current appropriations accounts of the Directorate of Science and Technology.
(e)Report to Congress on international cooperative activitiesNot later than one year after August 3, 2007, and every 5 years thereafter, the Under Secretary, acting through the Director, shall submit to Congress a report containing—
(1)
a brief description of each grant, cooperative agreement, or contract made or entered into under subsection (b)(3)(C), including the participants, goals, and amount and sources of funding;
(2)
a list of international cooperative activities underway, including the participants, goals, expected duration, and amount and sources of funding, including resources provided to support the activities in lieu of direct funding; and [1]
(3)
for international cooperative activities identified in the previous reporting period, a status update on the progress of such activities, including whether goals were realized, explaining any lessons learned, and evaluating overall success; and
(4)
a discussion of obstacles encountered in the course of forming, executing, or implementing agreements for international cooperative activities, including administrative, legal, or diplomatic challenges or resource constraints.
(f)Animal and zoonotic diseases
As part of the international cooperative activities authorized in this section, the Under Secretary, in coordination with the Assistant Secretary for the Countering Weapons of Mass Destruction Office, the Department of State, and appropriate officials of the Department of Agriculture, the Department of Defense, and the Department of Health and Human Services, may enter into cooperative activities with foreign countries, including African nations, to strengthen American preparedness against foreign animal and zoonotic diseases overseas that could harm the Nation’s agricultural and public health sectors if they were to reach the United States.
(g)Cybersecurity
As part of the international cooperative activities authorized in this section, the Under Secretary, in coordination with the Department of State and appropriate Federal officials, may enter into cooperative research activities with Israel to strengthen preparedness against cyber threats and enhance capabilities in cybersecurity.
(h)Construction; authorities of the Secretary of StateNothing in this section shall be construed to alter or affect the following provisions of law:
(4)
Sections 2752 and 2767 of title 22.
(i)Authorization of appropriations
There are authorized to be appropriated to carry out this section such sums as are necessary.
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( Pub. L. 107–296, title III, § 317, as added Pub. L. 110–53, title XIX, § 1901(b)(1), Aug. 3, 2007, 121 Stat. 505; amended Pub. L. 114–304, § 2(a), Dec. 16, 2016, 130 Stat. 1519; Pub. L. 115–387, § 2(f)(3), Dec. 21, 2018, 132 Stat. 5168; Pub. L. 117–263, div. E, title LIX, § 5947(a)(3), Dec. 23, 2022, 136 Stat. 3481.) |
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6 - 1 - 7 - 19 Social media working group
(a)Establishment
The Secretary shall establish within the Department a social media working group (in this section referred to as the “Group”).
(b)Purpose
In order to enhance the dissemination of information through social media technologies between the Department and appropriate stakeholders and to improve use of social media technologies in support of preparedness, response, and recovery, the Group shall identify, and provide guidance and best practices to the emergency preparedness and response community on, the use of social media technologies before, during, and after a natural disaster or an act ofterrorism or other man-made disaster.
(c)Membership
(1)In generalMembership of the Group shall be composed of a cross section of subject matter experts from Federal, State, local, tribal, territorial, and nongovernmental organization practitioners, including representatives from the following entities:
(B)
The Office of the Chief Information Officer of the Department.
(D)
The Federal Emergency Management Agency.
(E)
The Office of Disability Integration and Coordination of the Federal Emergency Management Agency.
(F)
The American Red Cross.
(H)
The Centers for Disease Control and Prevention.
(I)
The United States Geological Survey.
(J)
The National Oceanic and Atmospheric Administration.
(2)Chairperson; co-chairperson
(A)Chairperson
The Secretary, or a designee of the Secretary, shall serve as the chairperson of the Group.
(B)Co-chairperson
The chairperson shall designate, on a rotating basis, a representative from a State or local government who is a member of the Group to serve as the co-chairperson of the Group.
(3)Additional membersThe chairperson shall appoint, on a rotating basis, qualified individuals to the Group. The total number of such additional members shall—
(A)
be equal to or greater than the total number of regular members under paragraph (1); and
(B)include—
(i)
not fewer than 3 representatives from the private sector; and
(ii)representatives from—
(I)State, local, tribal, and territorial entities, including from—
(cc)
emergency management; and
(dd)
public health entities;
(II)
universities and academia; and
(III)
nonprofit disaster relief organizations.
(4)Term limits
The chairperson shall establish term limits for individuals appointed to the Group under paragraph (3).
(d)Consultation with non-members
To the extent practicable, the Group shall work with entities in the public and private sectors to carry out subsection (b).
(e)Meetings
(1)Initial meeting
Not later than 90 days after November 5, 2015, the Group shall hold its initial meeting.
(2)Subsequent meetingsAfter the initial meeting under paragraph (1), the Group shall meet—
(A)
at the call of the chairperson; and
(B)
not less frequently than twice each year.
(3)Virtual meetings
Each meeting of the Group may be held virtually.
(f)ReportsDuring each year in which the Group meets, the Group shall submit to the appropriate congressional committees a report that includes the following:
(1)
A review and analysis of current and emerging social media technologies being used to support preparedness and response activities related to natural disasters and acts of terrorism and other man-made disasters.
(2)
A review of best practices and lessons learned on the use of social media technologies during the response to natural disasters and acts of terrorismand other man-made disasters that occurred during the period covered by the report at issue.
(3)
Recommendations to improve the Department’s use of social media technologies for emergency management purposes.
(4)
Recommendations to improve public awareness of the type of information disseminated through social media technologies, and how to access such information, during a natural disaster or an act of terrorism or other man-made disaster.
(5)
A review of available training for Federal, State, local, tribal, and territorial officials on the use of social media technologies in response to a natural disaster or an act of terrorism or other man-made disaster.
(6)
A review of coordination efforts with the private sector to discuss and resolve legal, operational, technical, privacy, and security concerns.
(g)Duration of group
(1)In general
The Group shall terminate on the date that is 5 years after November 5, 2015, unless the chairperson renews the Group for a successive 5-year period, prior to the date on which the Group would otherwise terminate, by submitting to the Committee on Homeland Security and Governmental Affairs of the Senateand the Committee on Homeland Security of the House of Representatives a certification that the continued existence of the Group is necessary to fulfill the purpose described in subsection (b).
(2)Continued renewal
The chairperson may continue to renew the Group for successive 5-year periods by submitting a certification in accordance with paragraph (1) prior to the date on which the Group would otherwise terminate.
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6 - 1 - 7 - 20 Transparency in research and development
(a)Requirement to list research and development programs
(1)In generalThe Secretary shall maintain a detailed list of the following:
(B)
Each task order for a Federally Funded Research and Development Center not associated with a research and development project.
(C)
Each task order for a University-based center of excellence not associated with a research and development project.
(D)
The indicators developed and tracked by the Under Secretary for Science and Technology with respect to transitioned projects pursuant to subsection (c).
(2)Exception for certain completed projects
Paragraph (1) shall not apply to a project completed or otherwise terminated before December 23, 2016.
(3)Updates
The list required under paragraph (1) shall be updated as frequently as possible, but not less frequently than once per quarter.
(4)Research and development defined
For purposes of the list required under paragraph (1), the Secretary shall provide a definition for the term “research and development”.
(b)Requirement to report to Congress on all projects
(c)Indicators of success of transitioned projects
(1)In general
For each project that has been transitioned to practice from research and development, the Under Secretary for Science and Technology shall develop and track indicators to demonstrate the uptake of the technology or projectamong customers or end-users.
(2)Requirement
To the fullest extent possible, the tracking of a project required under paragraph (1) shall continue for the three-year period beginning on the date on which such project was transitioned to practice from research and development.
(d)DefinitionsIn this section:
(1)All appropriate detailsThe term “ all appropriate details” means, with respect to a research and development project—
(A)
the name of such project, including both classified and unclassified names if applicable;
(C)
an abstract or summary of such project;
(F)
the name of each contractor, grantee, or cooperative agreement partner involved in such project;
(G)
expected objectives and milestones for such project; and
(H)
to the maximum extent practicable, relevant literature and patents that are associated with such project.
(2)ClassifiedThe term “ classified” means anything containing—
(3)Controlled unclassified information
(4)Project
The term “project” means a research or development project, program, or activity administered by the Department, whether ongoing, completed, or otherwise terminated.
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6 - 1 - 7 - 21 EMP and GMD mitigation research and development
(a)In general
In furtherance of domestic preparedness and response, the Secretary, acting through the Under Secretary for Science and Technology, and in consultation with other relevant executive agencies, relevant State, local, and tribal governments, and relevant owners and operators of critical infrastructure, shall, to the extent practicable, conduct research and development to mitigate the consequences of threats of EMP and GMD.
(b)ScopeThe scope of the research and development under subsection (a) shall include the following:
(1)An objective scientific analysis—
(B)which shall—
(i)
be conducted in conjunction with the Office of Intelligence and Analysis; and
(ii)
include a review and comparison of the range of threats and hazards facing critical infrastructure of the electrical grid.
(2)
Determination of the critical utilities and national security assets and infrastructure that are at risk from threats of EMP and GMD.
(3)
An evaluation of emergency planning and response technologies that would address the findings and recommendations of experts, including those of the Commission to Assess the Threat to the United States from Electromagnetic Pulse Attack, which shall include a review of the feasibility of rapidly isolating one or more portions of the electrical grid from the main electrical grid.
(4)
An analysis of technology options that are available to improve the resiliency of critical infrastructure to threats of EMP and GMD, including an analysis of neutral current blocking devices that may protect high-voltage transmission lines.
(5)
The restoration and recovery capabilities of critical infrastructure under differing levels of damage and disruption from various threats of EMP and GMD, as informed by the objective scientific analysis conducted under paragraph (1).
(6)
An analysis of the feasibility of a real-time alert system to inform electrical grid operators and other stakeholders within milliseconds of a high-altitude nuclear explosion.
(c)Exemption from disclosure
(1)Information shared with the Federal Government
Section 673 of this title, and any regulations issued pursuant to such section, shall apply to any information shared with the Federal Government under this section.
(2)Information shared by the Federal Government
Information shared by the Federal Government with a State, local, or tribal government under this section shall be exempt from disclosure under any provision of State, local, or tribal freedom of information law, open government law, open meetings law, open records law, sunshine law, or similar law requiring the disclosure of information or records.
(d)Threat assessment, response, and recovery
(1)Roles and responsibilities
(A)Distribution of information
(B)Response and recovery
(i)In generalThe Administrator of the Federal Emergency Management Agencyshall—
(I)
coordinate the response to and recovery from the effects of EMPs and GMDs on critical infrastructure, in coordination with the heads of appropriate Sector-Specific Agencies, and on matters related to the bulk power system, in consultation with the Secretary of Energy and the Federal Energy Regulatory Commission; and
(II)
to the extent practicable, incorporate events that include EMPsand extreme GMDs as a factor in preparedness scenarios and exercises.
(ii)ImplementationThe Administrator of the Federal Emergency Management Agency, in coordination with the Director of the Cybersecurity and Infrastructure Security Agency, and on matters related to the bulk power system, the Secretary of Energy and the Federal Energy Regulatory Commission, shall—
(I)
not later than June 19, 2020, develop plans and procedures to coordinate the response to and recovery from EMP and GMD events; and
(II)
not later than December 21, 2020, conduct a national exercise to test the preparedness and response of the Nation to the effect of an EMP or extreme GMD event.
(C)Research and development
(i)In generalThe Secretary, in coordination with the heads of relevant Sector-Specific Agencies, shall—
(I)
without duplication of existing or ongoing efforts, conduct research and development to better understand and more effectively model the effects of EMPs and GMDs on critical infrastructure (which shall not include any system or infrastructure of the Department of Defense or any system or infrastructure of the Department of Energy associated with nuclear weapons activities); and
(ii)Plan
Not later than March 26, 2020, and in coordination with the heads of relevant Sector-Specific Agencies, the Secretary shall submit to theappropriate congressional committees a research and development action plan to rapidly address modeling shortfall and technology development.
(D)Emergency information system
(i)In general
The Administrator of the Federal Emergency Management Agency, in coordination with relevant stakeholders, shall maintain a network of systems, such as the alerting capabilities of the integrated public alert and warning system authorized under section 321o of this title, that are capable of providing appropriate emergency information to the public before (if possible), during, and in the aftermath of an EMP or GMD.
(ii)Briefing
Not later than December 21, 2020, the Administrator of the Federal Emergency Management Agency, shall brief the appropriate congressional committees regarding the maintenance of systems, including the alerting capabilities of the integrated public alert and warning system authorized under section 321o of this title.
(E)Quadrennial risk assessments
(i)In general
The Secretary, in coordination with the Secretary of Defense, theSecretary of Energy, and the Secretary of Commerce, and informed by intelligence-based threat assessments, shall conduct a quadrennialEMP and GMD risk assessment.
(iii)Enhancing resilience
The Secretary, in coordination with the Secretary of Defense, theSecretary of Energy, the Secretary of Commerce, and the heads of other relevant Sector-Specific Agencies, shall use the results of the quadrennial EMP and GMD risk assessments to better understand and to improve resilience to the effects of EMPs and GMDs across all critical infrastructure sectors, including coordinating the prioritization ofcritical infrastructure at greatest risk to the effects of EMPs and GMDs.
(2)Coordination
(A)Report on technological optionsNot later than December 21, 2020, and every four years thereafter until 2032, the Secretary, in coordination with the Secretary of Defense, the Secretary of Energy, the heads of other appropriate agencies, and, as appropriate, private-sector partners, shall submit to the appropriate congressional committees, a report that—
(ii)
identifies gaps in available technologies and opportunities for technological developments to inform research and development activities.
(B)Test data
(i)In generalNot later than December 20, 2020, the Secretary, in coordination with the heads of Sector-Specific Agencies, the Secretary of Defense, and the Secretary of Energy, shall—
(II)
identify any gaps in the test data.
(ii)Plan
Not later than 180 days after identifying gaps in test data under clause (i), the Secretary, in coordination with the heads of Sector-Specific Agencies and in consultation with the Secretary of Defense and theSecretary of Energy, shall use the sector partnership structure identified in the National Infrastructure Protection Plan to develop an integrated cross-sector plan to address the identified gaps.
(iii)Implementation
The heads of each agency identified in the plan developed under clause (ii) shall implement the plan in collaboration with the voluntary efforts of the private sector, as appropriate.
(3)DefinitionsIn this subsection:
(A)The term “ appropriate congressional committees” means—
(i)
the Committee on Homeland Security and Governmental Affairs, the Committee on Armed Services, the Committee on Energy and Natural Resources, and the Committee on Commerce, Science, and Transportation of the Senate; and
(ii)
the Committee on Transportation and Infrastructure, the Committee on Homeland Security, the Committee on Armed Services, the Committee on Energy and Commerce, and the Committee on Science, Space and Technology of the House of Representatives.
(B)
The terms “ prepare” and “ preparedness” mean the actions taken to plan, organize, equip, train, and exercise to build and sustain the capabilities necessary to prevent, protect against, mitigate the effects of, respond to, and recover from those threats that pose the greatest risk to the security of the homeland, including the prediction and notification of impending EMPs and GMDs.
(e)Rule of constructionNothing in this section may be construe— [1]
(1)
to affect in any manner the authority of the executive branch to implement Executive Order 13865, dated March 26, 2019, and entitled “Coordinating National Resilience to Electromagnetic Pulses”, or any other authority existing on the day before December 20, 2019, of any other component of the Department or any other Federal department or agency, including the authority provided to the Sector Risk Management Agency specified in section 61003(c) of division F of the Fixing America’s Surface Transportation Act ( 6 U.S.C. 121 note), including the authority under section 824o of title 16, and including the authority of independent agencies to be independent; or
(2)
as diminishing or transferring any authorities vested in the Administrator of the Federal Emergency Management Agency or in the Agency prior to December 20, 2019.
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( Pub. L. 107–296, title III, § 320, formerly § 319, as added Pub. L. 114–328, div. A, title XIX, § 1913(a)(3), Dec. 23, 2016, 130 Stat. 2685; renumbered § 320 and amended Pub. L. 115–278, § 2(g)(3)(B), (C), Nov. 16, 2018, 132 Stat. 4178; Pub. L. 116–92, div. A, title XVII, § 1740(a)(1), Dec. 20, 2019, 133 Stat. 1821; Pub. L. 116–283, div. H, title XC, § 9002(c)(2)(A), Jan. 1, 2021, 134 Stat. 4772; Pub. L. 117–263, div. G, title LXXI, § 7143(b)(2)(A), Dec. 23, 2022, 136 Stat. 3659.) |
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6 - 1 - 7 - 5 - g Countering Unmanned Aircraft Systems Coordinator
(a)In general
The Secretary, acting through the Under Secretary for Science and Technology, shall designate the laboratory described in subsection (b) as an additional laboratory pursuant to the authority under section 188(c)(2) of this title. Such laboratory shall be used to test and evaluate emerging technologies and conduct research and development to assist emergency response providers in preparing for, and protecting against, threats of terrorism.
(b)Laboratory describedThe laboratory described in this subsection is the laboratory—
(1)
known, as of December 27, 2021, as the National Urban Security Technology Laboratory; and
(c)Laboratory activitiesThe National Urban Security Technology Laboratory shall—
(1)
conduct tests, evaluations, and assessments of current and emerging technologies, including, as appropriate, the cybersecurity of such technologies that can connect to the internet, for emergency response providers;
(3)
carry out other such activities as the Secretary determines appropriate.
(d)Rule of construction
Nothing in this section may be construed as affecting in any manner the authorities or responsibilities of the Countering Weapons of Mass Destruction Office of the Department.
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6 - 1 - 7 - 5 - h National Urban Security Technology Laboratory
(a)In general
The Secretary, acting through the Under Secretary for Science and Technology, shall designate the laboratory described in subsection (b) as an additional laboratory pursuant to the authority under section 188(c)(2) of this title. Such laboratory shall be used to test and evaluate emerging technologies and conduct research and development to assist emergency response providers in preparing for, and protecting against, threats of terrorism.
(b)Laboratory describedThe laboratory described in this subsection is the laboratory—
(1)
known, as of December 27, 2021, as the National Urban Security Technology Laboratory; and
(c)Laboratory activitiesThe National Urban Security Technology Laboratory shall—
(1)
conduct tests, evaluations, and assessments of current and emerging technologies, including, as appropriate, the cybersecurity of such technologies that can connect to the internet, for emergency response providers;
(3)
carry out other such activities as the Secretary determines appropriate.
(d)Rule of construction
Nothing in this section may be construed as affecting in any manner the authorities or responsibilities of the Countering Weapons of Mass Destruction Office of the Department.
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6 - 1 - 7 - 5 - i Chemical Security Analysis Center
(a)In general
The Secretary, acting through the Under Secretary for Science and Technology, shall designate the laboratory described in subsection (b) as an additional laboratory pursuant to the authority under section 188(c)(2) of this title, which shall be used to conduct studies, analyses, and research to assess and address domestic chemical security events.
(b)Laboratory described
The laboratory described in this subsection is the laboratory known, as of December 23, 2022, as the Chemical Security Analysis Center.
(c)Laboratory activitiesPursuant to the authority under section 182(4) of this title, the Chemical Security Analysis Center shall—
(1)
identify and develop approaches and mitigation strategies to domestic chemical security threats, including the development of comprehensive, research-based definable goals relating to such approaches and mitigation strategies;
(2)
provide an enduring science-based chemical threat and hazard analysis capability;
(3)
provide expertise regarding risk and consequence modeling, chemical sensing and detection, analytical chemistry, acute chemical toxicology, synthetic chemistry and reaction characterization, and nontraditional chemical agents and emerging chemical threats;
(4)
staff and operate a technical assistance program that provides operational support and subject matter expertise, design and execute laboratory and field tests, and provide a comprehensive knowledge repository of chemical threat information that is continuously updated with data from scientific, intelligence, operational, and private sector sources;
(5)
consult, as appropriate, with the Countering Weapons of Mass Destruction Office of the Department to mitigate, prepare, and respond to threats, hazards, and risks associated with domestic chemical security events; and
(6)
carry out such other activities authorized under this section as the Secretary determines appropriate.
(d)Special ruleNothing in this section amends, alters, or affects—
(1)
the responsibilities of the Countering Weapons of Mass Destruction Office of the Department; or
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| (Pub. L. 107–296, title III, § 323, as added Pub. L. 117–263, div. G, title LXXI, § 7106(a), Dec. 23, 2022, 136 Stat. 3624.) |
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6 - 1 - 8 BORDER, MARITIME, AND TRANSPORTATION SECURITY (§§ 201 to 301c)
6 - 1 - 8 - 2 U.S. Customs and Border Protection (§§ 211 to 223)
(a)In generalNotwithstanding section 58c(e) of title 19 and section 1451 of title 19, the Commissioner of U.S. Customs and Border Protection, upon the request of any entity, may enter into a fee agreement with such entity under which—
(1)
U.S. Customs and Border Protection shall provide services described in subsection (b) at a United States port of entry or any other facility at which U.S. Customs and Border Protection provides or will provide such services;
(2)
such entity shall remit to U.S. Customs and Border Protection a fee imposed under subsection (h) in an amount equal to the full costs that are incurred or will be incurred in providing such services; and
(3)
if space is provided by such entity, each facility at which U.S. Customs and Border Protection services are performed shall be maintained and equipped by such entity, without cost to the Federal Government, in accordance with U.S. Customs and Border Protection specifications.
(b)Services described
The services described in this subsection are any activities of any employee or Office of Field Operations contractor of U.S. Customs and Border Protection (except employees of the U.S. Border Patrol, as established under section 211(e) of this title) pertaining to, or in support of, customs, agricultural processing, border security, or immigration inspection-related matters at a port of entry or any other facility at which U.S. Customs and Border Protection provides or will provide services.
(c)Modification of prior agreements
The Commissioner of U.S. Customs and Border Protection, at the request of an entity who has previously entered into an agreement with U.S. Customs and Border Protection for the reimbursement of fees in effect on December 16, 2016, may modify such agreement to implement any provisions of this section.
(d)Limitations
(1)Impacts of servicesThe Commissioner of U.S. Customs and Border Protection—
(A)may enter into fee agreements under this section only for services that—
(i)
will increase or enhance the operational capacity of U.S. Customs and Border Protection based on available staffing and workload; and
(ii)
will not shift the cost of services funded in any appropriations Act, or provided from any account in the Treasury of the United Statesderived by the collection of fees, to entities under this chapter; and
(B)
may not enter into a fee agreement under this section if such agreement would unduly and permanently impact services funded in any appropriations Act, or provided from any account in the Treasury of the United States, derived by the collection of fees.
(2)Number
There shall be no limit to the number of fee agreements that the Commissioner of U.S. Customs and Border Protection may enter into under this section.
(e)Air ports of entry
(1)Fee agreement
Except as otherwise provided in this subsection, a fee agreement for U.S. Customs and Border Protection services at an air port of entry may only provide for the payment of overtime costs of U.S. Customs and Border Protection officers and salaries and expenses of U.S. Customs and Border Protection employees to support U.S. Customs and Border Protection officers in performing services described in subsection (b).
(2)Small airports
Notwithstanding paragraph (1), U.S. Customs and Border Protection may receive reimbursement in addition to overtime costs if the fee agreement is for services at an air port of entry that has fewer than 100,000 arriving international passengers annually.
(3)Covered servicesIn addition to costs described in paragraph (1), a fee agreement for U.S. Customs and Border Protection services at an air port of entry referred to in paragraph (2) may provide for the reimbursement of—
(A)
salaries and expenses of not more than five full-time equivalent U.S. Customs and Border Protection Officers beyond the number of such officers assigned to the port of entry on the date on which the fee agreement was signed;
(B)
salaries and expenses of employees of U.S. Customs and Border Protection, other than the officers referred to in subparagraph (A), to support U.S. Customs and Border Protection officers in performing law enforcement functions; and
(C)
other costs incurred by U.S. Customs and Border Protection relating to services described in subparagraph (B), such as temporary placement or permanent relocation of employees, including incentive pay for relocation, as appropriate.
(f)Port of entry size
The Commissioner of U.S. Customs and Border Protection shall ensure that each fee agreement proposal is given equal consideration regardless of the size of the port of entry.
(g)Denied application
(1)In generalIf the Commissioner of U.S. Customs and Border Protection denies a proposal for a fee agreement under this section, the Commissioner shall provide the entity submitting such proposal with the reason for the denial unless—
(A)
the reason for the denial is law enforcement sensitive; or
(B)
withholding the reason for the denial is in the national security interests of the United States.
(2)Judicial review
Decisions of the Commissioner of U.S. Customs and Border Protection under paragraph (1) are in the discretion of the Commissioner and are not subject to judicial review.
(h)Fee
(1)In general
The amount of the fee to be charged under an agreement authorized under subsection (a) shall be paid by each entity requesting U.S. Customs and Border Protection services, and shall be for the full cost of providing such services, including the salaries and expenses of employees and contractors of U.S. Customs and Border Protection, to provide such services and other costs incurred by U.S. Customs and Border Protection relating to such services, such as temporary placement or permanent relocation of such employees and contractors.
(2)Timing
The Commissioner of U.S. Customs and Border Protection may require that the fee referred to in paragraph (1) be paid by each entity that has entered into a fee agreement under subsection (a) with U.S. Customs and Border Protection in advance of the performance of U.S. Customs and Border Protection services.
(3)Oversight of feesThe Commissioner of U.S. Customs and Border Protection shall develop a process to oversee the services for which fees are charged pursuant to an agreement under subsection (a), including—
(A)
a determination and report on the full costs of providing such services, and a process for increasing such fees, as necessary;
(B)
the establishment of a periodic remittance schedule to replenish appropriations, accounts, or funds, as necessary; and
(C)
the identification of costs paid by such fees.
(i)Deposit of funds
(1)AccountFunds collected pursuant to any agreement entered into pursuant to subsection (a)—
(A)
shall be deposited as offsetting collections;
(B)
shall remain available until expended without fiscal year limitation; and
(C)
shall be credited to the applicable appropriation, account, or fund for the amount paid out of such appropriation, account, or fund for any expenses incurred or to be incurred by U.S. Customs and Border Protection in providing U.S. Customs and Border Protection services under any such agreement and any other costs incurred or to be incurred by U.S. Customs and Border Protection relating to such services.
(2)Return of unused funds
The Commissioner of U.S. Customs and Border Protection shall return any unused funds collected and deposited into the account described in paragraph (1) if a fee agreement entered into pursuant to subsection (a) is terminated for any reason or the terms of such fee agreement change by mutual agreement to cause a reduction of U.S. Customs and Border Protections [1] services. No interest shall be owed upon the return of any such unused funds.
(j)Termination
(1)In general
The Commissioner of U.S. Customs and Border Protection shall terminate the services provided pursuant to a fee agreement entered into under subsection (a) with an entity that, after receiving notice from the Commissioner that a fee under subsection (h) is due, fails to pay such fee in a timely manner. If such services are terminated, all costs incurred by U.S. Customs and Border Protection that have not been paid shall become immediately due and payable. Interest on unpaid fees shall accrue based on the rate and amount established under sections 6621 and 6622 of title 26.
(2)Penalty
Any entity that, after notice and demand for payment of any fee under subsection (h), fails to pay such fee in a timely manner shall be liable for a penalty or liquidated damage equal to two times the amount of such fee. Any such amount collected under this paragraph shall be deposited into the appropriate account specified under subsection (i) and shall be available as described in such subsection.
(3)Termination by the entity
Any entity who has previously entered into an agreement with U.S. Customs and Border Protection for the reimbursement of fees in effect on December 16, 2016, or under the provisions of this section, may request that such agreement be amended to provide for termination upon advance notice, length, and terms that are negotiated between such entity and U.S. Customs and Border Protection.
(k)Annual reportThe Commissioner of U.S. Customs and Border Protection shall—
(1)submit an annual report identifying the activities undertaken and the agreements entered into pursuant to this section to—
(A)
the Committee on Appropriations of the Senate;
(B)
the Committee on Finance of the Senate;
(C)
the Committee on Homeland Security and Governmental Affairs of the Senate;
(D)
the Committee on the Judiciary of the Senate;
(E)
the Committee on Appropriations of the House of Representatives;
(F)
the Committee on Homeland Security of the House of Representatives;
(G)
the Committee on the Judiciary of the House of Representatives; and
(H)
the Committee on Ways and Means of the House of Representatives; and
(2)
not later than 15 days before entering into a fee agreement, notify the members of Congress that represent the State or Congressional District in which the affected port of entry or facility is located of such agreement.
(l)Rule of construction
Nothing in this section may be construed as imposing on U.S. Customs and Border Protection any responsibilities, duties, or authorities relating to real property.
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6 - 1 - 8 - 2 - 1 - a Port of entry donation authority
(a)Personal property donation authority
(1)In generalThe Commissioner of U.S. Customs and Border Protection, in consultation with the Administrator of General Services, may enter into an agreement with any entity to accept a donation of personal property, money, or nonpersonal services for the uses described in paragraph (3) only with respect to the following locations at which U.S. Customs and Border Protection performs or will be performing inspection services:
(A)
A new or existing sea or air port of entry.
(B)
An existing Federal Government-owned or -leased land port of entry.
(C)A new Federal Government-owned or -leased land port of entry if—
(i)
the fair market value of the donation is $75,000,000 or less; and
(ii)
the fair market value of donations with respect to the land port of entry total $75,000,000 or less over the preceding five years.
(2)Limitation on monetary donations
Any monetary donation accepted pursuant to this subsection may not be used to pay the salaries of U.S. Customs and Border Protection employees performing inspection services.
(3)UsesDonations accepted pursuant to this subsection may be used for activities of the Office of Field Operations set forth in subparagraphs (A) through (F) of section 211(g)(3) of this title, which are related to a new or existing sea or air port of entry or a new or existing Federal Government-owned or -leased land port of entry described in paragraph (1), including expenses related to—
(A)
furniture, fixtures, equipment, or technology, including the installation or deployment of such items; and
(B)
the operation and maintenance of such furniture, fixtures, equipment, or technology.
(b)Real property donation authority
(1)In generalSubject to paragraph (3), the Commissioner of U.S. Customs and Border Protection, and the Administrator of General Services, as applicable, may enter into an agreement with any entity to accept a donation of real property or money for uses described in paragraph (2) only with respect to the following locations at which U.S. Customs and Border Protection performs or will be performing inspection services:
(A)
A new or existing sea or air port of entry.
(B)
An existing Federal Government-owned land port of entry.
(C)A new Federal Government-owned land port of entry if—
(i)
the fair market value of the donation is $75,000,000 or less; and
(ii)
the fair market value of donations with respect to the land port of entry total $75,000,000 or less over the preceding five years.
(2)UseDonations accepted pursuant to this subsection may be used for activities of the Office of Field Operations set forth in section 211(g) of this title, which are related to the construction, alteration, operation, or maintenance of a new or existing sea or air port of entry or a new or existing a [1] Federal Government-owned land port of entry described in paragraph (1), including expenses related to—
(A)
land acquisition, design, construction, repair, or alteration; and
(B)
operation and maintenance of such port of entry facility.
(3)Limitation on real property donations
A donation of real property under this subsection at an existing land port of entry owned by the General Services Administration may only be accepted by the Administrator of General Services.
(4)Sunset
(A)In general
The authority to enter into an agreement under this subsection shall terminate on December 31, 2026.
(B)Rule of construction
The termination date referred to in subparagraph (A) shall not apply to a proposal accepted for consideration by U.S. Customs and Border Protection or the General Services Administration pursuant to this section or a prior pilot program prior to such termination date.
(c)General provisions
(1)Duration
An agreement entered into under subsection (a) or (b) (and, in the case of such subsection (b), in accordance with paragraph (4) of such subsection) may last as long as required to meet the terms of such agreement.
(2)CriteriaIn carrying out an agreement entered into under subsection (a) or (b), the Commissioner of U.S. Customs and Border Protection, in consultation with the Administrator of General Services, shall establish criteria regarding—
(A)
the selection and evaluation of donors;
(B)
the identification of roles and responsibilities between U.S. Customs and Border Protection, the General Services Administration, and donors;
(C)
the identification, allocation, and management of explicit and implicit risks of partnering between the Federal Government and donors;
(D)
decision-making and dispute resolution processes; and
(E)
processes for U.S. Customs and Border Protection, and the General Services Administration, as applicable, to terminate agreements if selected donors are not meeting the terms of any such agreement, including the security standards established by U.S. Customs and Border Protection.
(3)Evaluation procedures
(A)In generalThe Commissioner of U.S. Customs and Border Protection, in consultation with the Administrator of General Services, as applicable, shall—
(i)
establish criteria for evaluating a proposal to enter into an agreement under subsection (a) or (b); and
(ii)
make such criteria publicly available.
(B)ConsiderationsCriteria established pursuant to subparagraph (A) shall consider—
(i)
the impact of a proposal referred to in such subparagraph on the land, sea, or air port of entry at issue and other ports of entry or similar facilities or other infrastructure near the location of the proposed donation;
(ii)
such proposal’s potential to increase trade and travel efficiency through added capacity;
(iii)
such proposal’s potential to enhance the security of the port of entry at issue;
(iv)
the impact of the proposal on reducing wait times at that port of entry or facility and other ports of entry on the same border;
(v)for a donation under subsection (b)—
(I)
whether such donation satisfies the requirements of such proposal, or whether additional real property would be required; and
(II)
how such donation was acquired, including if eminent domain was used;
(vi)
the funding available to complete the intended use of such donation;
(vii)
the costs of maintaining and operating such donation;
(viii)
the impact of such proposal on U.S. Customs and Border Protection staffing requirements; and
(ix)
other factors that the Commissioner or Administrator determines to be relevant.
(C)Determination and notification
(i)Incomplete proposals
(I)In general
Not later than 60 days after receiving the proposals for a donation agreement from an entity, the Commissioner of U.S. Customs and Border Protection shall notify such entity as to whether such proposal is complete or incomplete.
(II)ResubmissionIf the Commissioner of U.S. Customs and Border Protection determines that a proposal is incomplete, the Commissioner shall—
(aa)
notify the appropriate entity and provide such entity with a description of all information or material that is needed to complete review of the proposal; and
(bb)
allow the entity to resubmit the proposal with additional information and material described in item (aa) to complete the proposal.
(ii)Complete proposalsNot later than 180 days after receiving a completed proposal to enter into an agreement under subsection (a) or (b), the Commissioner of U.S. Customs and Border Protection, with the concurrence of the Administrator of General Services, as applicable, shall—
(I)
determine whether to approve or deny such proposal; and
(II)
notify the entity that submitted such proposal of such determination.
(4)Supplemental funding
Except as required under section 3307 of title 40, real property donations to the Administrator of General Services made pursuant to subsection 1 (a) and 1(b) at a GSA-owned land port of entry may be used in addition to any other funding for such purpose, including appropriated funds, property, or services.
(5)Return of donations
The Commissioner of U.S. Customs and Border Protection, or the Administrator of General Services, as applicable, may return any donation made pursuant to subsection (a) or (b). No interest shall be owed to the donorwith respect to any donation provided under such subsections that is returned pursuant to this subsection.
(6)Prohibition on certain funding
(A)In general
Except as provided in subsections (a) and (b) regarding the acceptance of donations, the Commissioner of U.S. Customs and Border Protection and the Administrator of General Services, as applicable, may not, with respect to an agreement entered into under either of such subsections, obligate or expend amounts in excess of amounts that have been appropriated pursuant to any appropriations Act for purposes specified in either of such subsections or otherwise made available for any of such purposes.
(B)Certification requirementBefore accepting any donations pursuant to an agreement under subsection (a) or (b), the Commissioner of U.S. Customs and Border Protection shall certify to the congressional committees set forth in paragraph (7) that [2]
(i)
the donation will not be used for the construction of a detention facility or a border fence or wall; and
(ii)
the donor will be notified in the Donations Acceptance Agreement that the donor shall be financially responsible for all costs and operating expenses related to the operation, maintenance, and repair of the donated real property until such time as U.S. Customs and Border Protection provides the donor written notice otherwise.
(7)Annual reportsThe Commissioner of U.S. Customs and Border Protection, in collaboration with the Administrator of General Services, as applicable, shall submit an annual report identifying the activities undertaken and agreements entered into pursuant to subsections (a) and (b) to—
(A)
the Committee on Appropriations of the Senate;
(B)
the Committee on Environment and Public Works of the Senate;
(C)
the Committee on Finance of the Senate;
(D)
the Committee on Homeland Security and Governmental Affairs of the Senate;
(E)
the Committee on the Judiciary of the Senate;
(F)
the Committee on Appropriations of the House of Representatives;
(G)
the Committee on Homeland Security of the House of Representatives;
(H)
the Committee on the Judiciary of the House of Representatives;
(I)
the Committee on Transportation and Infrastructure of the House of Representatives; and
(J)
the Committee on Ways and Means of the House of Representatives.
(d)GAO reportThe Comptroller General of the United States shall submit an [3] biennial report to the congressional committees referred to in subsection (c)(7) that evaluates—
(2)
donation agreements entered into pursuant to subsections (a) and (b); and
(3)
the fees and donations received by U.S. Customs and Border Protection pursuant to such agreements.
(e)Judicial review
Decisions of the Commissioner of U.S. Customs and Border Protection and the Administrator of General Services under this section regarding the acceptance of real or personal property are in the discretion of the Commissioner and the Administrator and are not subject to judicial review.
(f)Rule of construction
Except as otherwise provided in this section, nothing in this section may be construed as affecting in any manner the responsibilities, duties, or authorities of U.S. Customs and Border Protection or the General Services Administration.
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( Pub. L. 107–296, title IV, § 482, as added Pub. L. 114–279, § 2(a), Dec. 16, 2016, 130 Stat. 1417; amended Pub. L. 116–260, div. O, title III, § 301, Dec. 27, 2020, 134 Stat. 2149; Pub. L. 117–81, div. F, title LXIV, § 6410, Dec. 27, 2021, 135 Stat. 2408.) |
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6 - 1 - 8 - 2 - 1 - b Current and proposed agreements
Nothing in this part or in section 4 of the Cross-Border Trade Enhancement Act of 2016 may be construed as affecting—
(1)
any agreement entered into pursuant to section 560 of division D of the Consolidated and Further Continuing Appropriations Act, 2013 ( Public Law 113–6) or section 559 of title V of division F of the Consolidated Appropriations Act, 2014 ( 6 U.S.C. 211 note; Public Law 113–76), as in existence on the day before December 16, 2016, and any such agreement shall continue to have full force and effect on and after such date; or
(2)
a proposal accepted for consideration by U.S. Customs and Border Protection pursuant to such section 559, as in existence on the day before December 16, 2016.
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6 - 1 - 8 - 2 - 1 - c Definitions
(1)Donor
The term “donor” means any entity that is proposing to make a donation under this chapter.
(2)EntityThe term “ entity” means any—
(B)
partnership, corporation, trust, estate, cooperative, association, or any other organized group of persons;
(D)
any other private or governmental entity.
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6 - 1 - 8 - 3 Miscellaneous Provisions (§§ 231 to 241)
6 - 1 - 8 - 3 - 1 Transfer of certain agricultural inspection functions
of the Department of Agriculture
(a)Transfer of agricultural import and entry inspection functions
There shall be transferred to the Secretary the functions of the Secretary of Agriculture relating to agricultural import and entry inspection activities under the laws specified in subsection (b).
(b)Covered animal and plant protection lawsThe laws referred to in subsection (a) are the following:
(1)
The Act commonly known as the Virus-Serum-Toxin Act (the eighth paragraph under the heading “Bureau of Animal Industry” in the Act of March 4, 1913; 21 U.S.C. 151 et seq.).
(c)Exclusion of quarantine activities
For purposes of this section, the term “functions” does not include any quarantine activities carried out under the laws specified in subsection (b).
(d)Effect of transfer
(1)Compliance with Department of Agriculture regulations
The authority transferred pursuant to subsection (a) shall be exercised by the Secretary in accordance with the regulations, policies, and procedures issued by the Secretary of Agriculture regarding the administration of the laws specified in subsection (b).
(2)Rulemaking coordination
The Secretary of Agriculture shall coordinate with the Secretary whenever the Secretary of Agriculture prescribes regulations, policies, or procedures for administering the functions transferred under subsection (a) under a law specified in subsection (b).
(3)Effective administration
The Secretary, in consultation with the Secretary of Agriculture, may issue such directives and guidelines as are necessary to ensure the effective use ofpersonnel of the Department of Homeland Security to carry out the functions transferred pursuant to subsection (a).
(e)Transfer agreement
(1)Agreement required; revision
(2)Required termsThe agreement required by this subsection shall specifically address the following:
(A)
The supervision by the Secretary of Agriculture of the training of employees of the Secretary to carry out the functions transferred pursuant to subsection (a).
(B)
The transfer of funds to the Secretary under subsection (f).
(3)Cooperation and reciprocityThe Secretary of Agriculture and the Secretary may include as part of the agreement the following:
(A)
Authority for the Secretary to perform functions delegated to the Animal and Plant Health Inspection Service of the Department of Agriculture regarding the protection of domestic livestock and plants, but not transferred to the Secretary pursuant to subsection (a).
(B)
Authority for the Secretary of Agriculture to use employees of the Department of Homeland Security to carry out authorities delegated to the Animal and Plant Health Inspection Service regarding the protection of domestic livestock and plants.
(f)Periodic transfer of funds to Department of Homeland Security
(1)Transfer of funds
Out of funds collected by fees authorized under sections 136 and 136a of title 21, the Secretary of Agriculture shall transfer, from time to time in accordance with the agreement under subsection (e), to the Secretary funds for activities carried out by the Secretary for which such fees were collected.
(2)Limitation
The proportion of fees collected pursuant to such sections that are transferred to the Secretary under this subsection may not exceed the proportion of the costs incurred by the Secretary to all costs incurred to carry out activities funded by such fees.
(g)Transfer of Department of Agriculture employees
Not later than the completion of the transition period defined under section 541 of this title, the Secretary of Agriculture shall transfer to the Secretary not more than 3,200 full-time equivalent positions of the Department of Agriculture.
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6 - 1 - 8 - 3 - 2 Functions of Administrator of General Services
(a)Operation, maintenance, and protection of Federal buildings and grounds
Nothing in this chapter may be construed to affect the functions or authorities of the Administrator of General Services with respect to the operation, maintenance, and protection of buildings and grounds owned or occupied by the Federal Government and under the jurisdiction, custody, or control of the Administrator. Except for the law enforcement and related security functions transferred under section 203(3) of this title, the Administrator shall retain all powers, functions, and authorities vested in the Administrator under chapter 1, except section 121(e)(2)(A), and chapters 5 to 11 of title 40 and other provisions of law that are necessary for the operation, maintenance, and protection of such buildings and grounds.
(b)Collection of rents and fees; Federal Buildings Fund
(1)Statutory constructionNothing in this chapter may be construed—
(A)
to direct the transfer of, or affect, the authority of the Administrator of General Services to collect rents and fees, including fees collected for protective services; or
(2)Use of transferred amounts
Any amounts transferred by the Administrator of General Services to the Secretary out of rents and fees collected by the Administrator shall be used by the Secretary solely for the protection of buildings or grounds owned or occupied by the Federal Government.
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6 - 1 - 8 - 3 - 3 Functions of Transportation Security Administration
(a)Consultation with Federal Aviation Administration
The Secretary and other officials in the Department shall consult with the Administrator of the Federal Aviation Administration before taking any action that might affect aviation safety, air carrier operations, aircraft airworthiness, or the use of airspace. The Secretary shall establish a liaison office within theDepartment for the purpose of consulting with the Administrator of the Federal Aviation Administration.
(b)Report to Congress
Not later than 60 days after November 25, 2002, the Secretary of Transportation shall transmit to Congress a report containing a plan for complying with the requirements of section 44901(d) of title 49.
(c)Limitations on statutory construction
(1)Grant of authority
Nothing in this chapter may be construed to vest in the Secretary or any other official in the Department any authority over transportation security that is not vested in the Under Secretary of Transportation for Security, or in theSecretary of Transportation under chapter 449 of title 49 on the day before November 25, 2002.
(2)Obligation of AIP funds
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6 - 1 - 8 - 3 - 5 Coordination of information and information technology
(a)Definition of affected agencyIn this section, the term “ affected agency” means—
(2)
the Department of Agriculture;
(3)
the Department of Health and Human Services; and
(b)Coordination
The Secretary, in coordination with the Secretary of Agriculture, the Secretary of Health and Human Services, and the head of each other department or agency determined to be appropriate by the Secretary, shall ensure that appropriate information (as determined by the Secretary) concerning inspections of articles that are imported or entered into the United States, and are inspected or regulated by 1 or more affected agencies, is timely and efficiently exchanged between the affected agencies.
(c)Report and planNot later than 18 months after November 25, 2002, the Secretary, in consultation with the Secretary of Agriculture, the Secretary of Health and Human Services, and the head of each other department or agency determined to be appropriate by the Secretary, shall submit to Congress—
(1)
a report on the progress made in implementing this section; and
(2)
a plan to complete implementation of this section.
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6 - 1 - 8 - 3 - 6 Visa issuance
(b)In generalNotwithstanding section 104(a) of the Immigration and Nationality Act ( 8 U.S.C. 1104(a)) or any other provision of law, and except as provided in subsection (c) of this section, the Secretary—
(1)
shall be vested exclusively with all authorities to issue regulations with respect to, administer, and enforce the provisions of such Act [ 8 U.S.C. 1101 et seq.], and of all other immigration and nationality laws, relating to the functions of consular officers of the United States in connection with the granting or refusal of visas, and shall have the authority to refuse visas in accordance with law and to develop programs of homeland security training for consular officers (in addition to consular training provided by the Secretary of State), which authorities shall be exercised through the Secretary of State,except that the Secretary shall not have authority to alter or reverse the decision of a consular officer to refuse a visa to an alien; and
(2)
shall have authority to confer or impose upon any officer or employee of the United States, with the consent of the head of the executive agency under whose jurisdiction such officer or employee is serving, any of the functions specified in paragraph (1).
(c)Authority of the Secretary of State
(1)In general
Notwithstanding subsection (b), the Secretary of State may direct a consular officer to refuse a visa to an alien if the Secretary of State deems such refusal necessary or advisable in the foreign policy or security interests of the UnitedStates.
(2)Construction regarding authorityNothing in this section, consistent with the Secretary of Homeland Security’s authority to refuse visas in accordance with law, shall be construed as affecting the authorities of the Secretary of State under the following provisions of law:
(B)
Section 204(d)(2) of the Immigration and Nationality Act ( 8 U.S.C. 1154) (as it will take effect upon the entry into force of the Convention on Protection of Children and Cooperation in Respect to Inter-Country adoption).
(O)
Section 568 of the Foreign Operations, Export Financing, and Related Programs Appropriations Act, 2002 ( Public Law 107–115).
(d)Consular officers and chiefs of missions
(1)In generalNothing in this section may be construed to alter or affect—
(A)
the employment status of consular officers as employees of the Department of State; or
(2)Construction regarding delegation of authority
Nothing in this section shall be construed to affect any delegation of authority to the Secretary of State by the President pursuant to any proclamation issued under section 212(f) of the Immigration and Nationality Act (8 U.S.C. 1182(f)), consistent with the Secretary of Homeland Security’s authority to refuse visas in accordance with law.
(e)Assignment of Homeland Security employees to diplomatic and consular posts
(1)In general
The Secretary is authorized to assign employees of the Department to each diplomatic and consular post at which visas are issued, unless the Secretary determines that such an assignment at a particular post would not promotehomeland security.
(2)FunctionsEmployees assigned under paragraph (1) shall perform the following functions:
(A)
Provide expert advice and training to consular officers regarding specific security threats relating to the adjudication of individual visa applications or classes of applications.
(B)
Review any such applications, either on the initiative of the employee of the Department or upon request by a consular officer or other person charged with adjudicating such applications.
(C)
Conduct investigations with respect to consular matters under the jurisdiction of the Secretary.
(3)Evaluation of consular officers
The Secretary of State shall evaluate, in consultation with the Secretary, as deemed appropriate by the Secretary, the performance of consular officers with respect to the processing and adjudication of applications for visas in accordance with performance standards developed by the Secretary for these procedures.
(4)Report
The Secretary shall, on an annual basis, submit a report to Congress that describes the basis for each determination under paragraph (1) that the assignment of an employee of the Department at a particular diplomatic post would not promote homeland security.
(5)Permanent assignment; participation in terrorist lookout committee
(6)Training and hiring
(A)In general
The Secretary shall ensure, to the extent possible, that any employees of the Department assigned to perform functions under paragraph (2) and, as appropriate, consular officers, shall be provided the necessary training to enable them to carry out such functions, including training in foreign languages, interview techniques, and fraud detection techniques, in conditions in the particular country where each employee is assigned, and in other appropriate areas of study.
(B)Use of Center
The Secretary is authorized to use the National Foreign Affairs Training Center, on a reimbursable basis, to obtain the training described in subparagraph (A).
(7)ReportNot later than 1 year after November 25, 2002, the Secretary and the Secretary of State shall submit to Congress—
(A)
a report on the implementation of this subsection; and
(B)
any legislative proposals necessary to further the objectives of this subsection.
(8)Effective dateThis subsection shall take effect on the earlier of—
(A)
the date on which the President publishes notice in the Federal Register that the President has submitted a report to Congress setting forth a memorandum of understanding between the Secretary and the Secretary of State governing the implementation of this section; or
(B)
the date occurring 1 year after November 25, 2002.
(f)No creation of private right of action
Nothing in this section shall be construed to create or authorize a private right of action to challenge a decision of a consular officer or other United States official or employee to grant or deny a visa.
(g)Study regarding use of foreign nationals
(1)In generalThe Secretary of Homeland Security shall conduct a study of the role of foreign nationals in the granting or refusal of visas and other documents authorizing entry of aliens into the United States. The study shall address the following:
(A)
The proper role, if any, of foreign nationals in the process of rendering decisions on such grants and refusals.
(B)
Any security concerns involving the employment of foreign nationals.
(C)
Whether there are cost-effective alternatives to the use of foreign nationals.
(2)Report
Not later than 1 year after November 25, 2002, the Secretary shall submit a report containing the findings of the study conducted under paragraph (1) to the Committee on the Judiciary, the Committee on International Relations, and the Committee on Government Reform of the House of Representatives, and the Committee on the Judiciary, the Committee on Foreign Relations, and the Committee on Government [4] Affairs of the Senate.
(h)Report
Not later than 120 days after November 25, 2002, the Director of the Office of Science and Technology Policy shall submit to Congress a report on how the provisions of this section will affect procedures for the issuance of student visas.
(i)Visa issuance program for Saudi Arabia
Notwithstanding any other provision of law, after November 25, 2002, all third party screening programs in Saudi Arabia shall be terminated. On-site personnel of the Department of Homeland Security shall review all visa applications prior to adjudication.
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6 - 1 - 8 - 3 - 7 Information on visa denials required to be entered into electronic data system
(a)In general
Whenever a consular officer of the United States denies a visa to an applicant, the consular officer shall enter the fact and the basis of the denial and the name of the applicant into the interoperable electronic data system implemented under section 1722(a) of title 8.
(b)ProhibitionIn the case of any alien with respect to whom a visa has been denied under subsection (a)—
(1)
no subsequent visa may be issued to the alien unless the consular officer considering the alien’s visa application has reviewed the information concerning the alien placed in the interoperable electronic data system, has indicated on the alien’s application that the information has been reviewed, and has stated for the record why the visa is being issued or a waiver of visa ineligibility recommended in spite of that information; and
(2)
the alien may not be admitted to the United States without a visa issued in accordance with the procedures described in paragraph (1).
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6 - 1 - 8 - 3 - 8 Office for Domestic Preparedness
(a)Establishment
There is established in the Department an Office for Domestic Preparedness.
(b)Director
There shall be a Director of the Office for Domestic Preparedness, who shall be appointed by the President.
(c)ResponsibilitiesThe Office for Domestic Preparedness shall have the primary responsibility within the executive branch of Government for the preparedness of the United States for acts of terrorism, including—
(1)
coordinating preparedness efforts at the Federal level, and working with all State, local, tribal, parish, and private sector emergency response providers on all matters pertaining to combating terrorism, including training, exercises, and equipment support;
(2)
coordinating or, as appropriate, consolidating communications and systems of communications relating to homeland security at all levels of government;
(3)
directing and supervising terrorism preparedness grant programs of the Federal Government (other than those programs administered by the Department of Health and Human Services) for all emergency response providers;
(4)
incorporating the Strategy priorities into planning guidance on an agency level for the preparedness efforts of the Office for Domestic Preparedness;
(5)
providing agency-specific training for agents and analysts within the Department, other agencies, and State and local agencies and international entities;
(6)
as the lead executive branch agency for preparedness of the United Statesfor acts of terrorism, cooperating closely with the Federal Emergency Management Agency, which shall have the primary responsibility within the executive branch to prepare for and mitigate the effects of nonterrorist-related disasters in the United States;
(7)
assisting and supporting the Secretary, in coordination with other Directorates and entities outside the Department, in conducting appropriate risk analysis and risk management activities of State, local, and tribal governments consistent with the mission and functions of the Department;
(8)
those elements of the Office of National Preparedness of the Federal Emergency Management Agency which relate to terrorism, which shall be consolidated within the Department in the Office for Domestic Preparedness established under this section; and
(d)Fiscal years 2003 and 2004
During fiscal year 2003 and fiscal year 2004, the Director of the Office for Domestic Preparedness established under this section shall manage and carry out those functions of the Office for Domestic Preparedness of the Department of Justice (transferred under this section) before September 11, 2001, under the same terms, conditions, policies, and authorities, and with the required level ofpersonnel, assets, and budget before September 11, 2001.
( Pub. L. 107–296, title IV, § 430, Nov. 25, 2002, 116 Stat. 2191; Pub. L. 108–458, title VII, § 7303(h)(2), Dec. 17, 2004, 118 Stat. 3847; Pub. L. 112–166, § 2(f)(1), Aug. 10, 2012, 126 Stat. 1284; Pub. L. 114–125, title VIII, § 802(g)(1)(B)(iv)(II), Feb. 24, 2016, 130 Stat. 212.)
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6 - 1 - 8 - 3 - 9 Office of Cargo Security Policy
(a)Establishment
There is established within the Department an Office of Cargo Security Policy (referred to in this section as the “Office”).
(b)PurposeThe Office shall—
(1)
coordinate all Department policies relating to cargo security; and
(2)
consult with stakeholders and coordinate with other Federal agencies in the establishment of standards and regulations and to promote best practices.
(c)Director
(1)AppointmentThe Office shall be headed by a Director, who shall—
(B)
report to the Assistant Secretary for Policy.
(2)ResponsibilitiesThe Director shall—
(A)
advise the Assistant Secretary for Policy in the development of Department-wide policies regarding cargo security;
(B)
coordinate all policies relating to cargo security among the agencies and offices within the Department relating to cargo security; and
(C)
coordinate the cargo security policies of the Department with the policies of other executive agencies.
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6 - 1 - 8 - 3 - 10 Border Enforcement Security Task Force
(a)Establishment
There is established within the Department a program to be known as the Border Enforcement Security Task Force (referred to in this section as “BEST”).
(b)PurposeThe purpose of BEST is to establish units to enhance border security by addressing and reducing border security threats and violence by—
(1)
facilitating collaboration among Federal, State, local, tribal, and foreign law enforcement agencies to execute coordinated activities in furtherance of border security, and homeland security; and
(2)
enhancing information-sharing, including the dissemination of homelandsecurity information among such agencies.
(c)Composition and establishment of units
(1)CompositionBEST units may be comprised of personnel from—
(A)
U.S. Immigration and Customs Enforcement;
(B)
U.S. Customs and Border Protection;
(C)
the United States Coast Guard;
(E)
other Federal agencies, as appropriate;
(F)
appropriate State law enforcement agencies;
(G)
foreign law enforcement agencies, as appropriate;
(H)
local law enforcement agencies from affected border cities and communities; and
(I)
appropriate tribal law enforcement agencies.
(2)Establishment of unitsThe Secretary is authorized to establish BEST units in jurisdictions in which such units can contribute to BEST missions, as appropriate. Before establishing a BEST unit, the Secretary shall consider—
(A)
whether the area in which the BEST unit would be established is significantly impacted by cross-border threats;
(B)
the availability of Federal, State, local, tribal, and foreign law enforcement resources to participate in the BEST unit;
(C)
the extent to which border security threats are having a significant harmful impact in the jurisdiction in which the BEST unit is to be established, and other jurisdictions in the country; and
(D)
whether or not an Integrated Border Enforcement Team already exists in the area in which the BEST unit would be established.
(3)Duplication of efforts
In determining whether to establish a new BEST unit or to expand an existing BEST unit in a given jurisdiction, the Secretary shall ensure that the BEST unit under consideration does not duplicate the efforts of other existing interagency task forces or centers within that jurisdiction.
(d)OperationAfter determining the jurisdictions in which to establish BEST units under subsection (c)(2), and in order to provide Federal assistance to such jurisdictions, the Secretary may—
(1)
direct the assignment of Federal personnel to BEST, subject to the approval of the head of the department or agency that employs such personnel; and
(2)
take other actions to assist Federal, State, local, and tribal entities to participate in BEST, including providing financial assistance, as appropriate, for operational, administrative, salary reimbursement, and technological costs associated with the participation of Federal, State, local, and tribal law enforcement agencies in BEST.
(e)Report
Not later than 180 days after the date on which BEST is established under this section, and annually thereafter for the following 5 years, the Secretary shall submit a report to Congress that describes the effectiveness of BEST in enhancing border security and reducing the drug trafficking, arms smuggling, illegal alien trafficking and smuggling, violence, and kidnapping along and across the international borders of the United States, as measured by crime statistics, including violent deaths, incidents of violence, and drug-related arrests.
( Pub. L. 107–296, title IV, § 432, as added Pub. L. 112–205, § 3(a), Dec. 7, 2012, 126 Stat. 1488; amended Pub. L. 117–159, div. A, title II, § 12004(j), June 25, 2022, 136 Stat. 1332.)
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6 - 1 - 8 - 3 - 11 Prevention of international child abduction
(a)Program establishedThe Secretary, through the Commissioner of U.S. Customs and Border Protection (referred to in this section as “CBP”), in coordination with the Secretary of State, the Attorney General, and the Director of the Federal Bureau of Investigation, shall establish a program that—
(1)
seeks to prevent a child (as defined in section 1204(b)(1) of title 18) from departing from the territory of the United States if a parent or legal guardian of such child presents a court order from a court of competent jurisdiction prohibiting the removal of such child from the United States to a CBP Officer in sufficient time to prevent such departure for the duration of such court order; and
(2)
leverages other existing authorities and processes to address the wrongful removal and return of a child.
(b)Interagency coordination
(1)In generalThe Secretary of State shall convene and chair an interagency working group to prevent international parental child abduction. The group shall be composed of presidentially appointed, Senate confirmed officials from—
(A)
the Department of State;
(B)
the Department of Homeland Security, including U.S. Customs and Border Protection and U.S. Immigration and Customs Enforcement; and
(C)
the Department of Justice, including the Federal Bureau of Investigation.
(2)Department of DefenseThe Secretary of Defense shall designate an official within the Department of Defense—
(A)
to coordinate with the Department of State on international child abduction issues; and
(B)
to oversee activities designed to prevent or resolve international child abduction cases relating to active duty military service members.
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6 - 1 - 8 - 3 - 12 Department of Homeland Security Blue Campaign
(d)ResponsibilitiesThe Secretary, working through the Director, shall, in accordance with subsection (e)—
(2)
develop training programs for such personnel;
(3)
coordinate departmental efforts, including training for such personnel; and
(4)
provide guidance and training on trauma-informed practices to ensure that human trafficking victims are afforded prompt access to victim support service providers, in addition to the assistance required under section 7105 of title 22, to address their immediate and long-term needs.
(e)Guidance and trainingThe Blue Campaign shall provide guidance and training to Department personnel and other Federal, State, tribal, and law enforcement personnel,as appropriate, regarding—
(2)
the types of information that should be collected and recorded in information technology systems utilized by the Department to help identify individuals suspected or convicted of human trafficking;
(3)systematic and routine information sharing within the Department and among Federal, State, tribal, and local law enforcement agencies regarding—
(4)
techniques to identify suspected victims of trafficking along the United States border and at airport security checkpoints;
(5)methods to be used by the Transportation Security Administration and personnel from other appropriate agencies to—
(A)
train employees of the Transportation Security Administration to identify suspected victims of trafficking; and
(B)
serve as a liaison and resource regarding human trafficking prevention to appropriate State, local, and private sector aviation workers and the traveling public;
(6)developing and utilizing, in consultation with the Blue Campaign Advisory Board established pursuant to subsection (g), resources such as indicator cards, fact sheets, pamphlets, posters, brochures, and radio and television campaigns to—
(A)
educate partners and stakeholders; and
(7)
leveraging partnerships with State and local governmental, nongovernmental, and private sector organizations to raise public awareness of human trafficking; and
(f)Web-based training programsTo enhance training opportunities, the Director of the Blue Campaign shall develop web-based interactive training videos that utilize a learning management system to provide online training opportunities. During the 10-year period beginning on the date that is 90 days after December 27, 2021, such training opportunities shall be made available to the following individuals:
(1)
Federal, State, local, Tribal, and territorial law enforcement officers.
(3)
Such other individuals as the Director determines appropriate.
(g)Blue Campaign Advisory Board
(1)In generalThere is established in the Department a Blue Campaign Advisory Board, which shall be comprised of representatives assigned by the Secretary from—
(A)
the Office for Civil Rights and Civil Liberties of the Department;
(C)
not fewer than four other separate components or offices of the Department.
(2)CharterThe Secretary is authorized to issue a charter for the Blue CampaignAdvisory Board, and such charter shall specify the following:
(A)
The Board’s mission, goals, and scope of its activities.
(B)
The duties of the Board’s representatives.
(C)
The frequency of the Board’s meetings.
(3)ConsultationThe Director shall consult the Blue Campaign Advisory Board and, as appropriate, experts from other components and offices of the Center for Countering Human Trafficking of the Department regarding the following:
(A)
Recruitment tactics used by human traffickers to inform the development of training and materials by the Blue Campaign.
(B)
The development of effective awareness tools for distribution to Federal and non-Federal officials to identify and prevent instances of human trafficking.
(C)
Identification of additional persons or entities that may be uniquely positioned to recognize signs of human trafficking and the development of materials for such persons.
(h)Consultation
With regard to the development of programs under the Blue Campaign and the implementation of such programs, the Director is authorized to consult with State,local, Tribal, and territorial agencies, non-governmental organizations, private sector organizations, and experts.
( Pub. L. 107–296, title IV, § 434, as added Pub. L. 115–125, § 2(a), Feb. 14, 2018, 132 Stat. 315; amended Pub. L. 117–81, div. F, title LXIV, § 6407, Dec. 27, 2021, 135 Stat. 2403.)
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6 - 1 - 8 - 3 - 12 - a Department of Homeland Security Center
for Countering Human Trafficking
(a)Establishment
(1)In general
The Secretary of Homeland Security shall operate, within U.S. Immigration and Customs Enforcement’s Homeland Security Investigations, the Center for Countering Human Trafficking (referred to in this Act as “CCHT”).
(2)Purpose
The purpose of CCHT shall be to serve at the forefront of the Department of Homeland Security’s unified global efforts to counter human trafficking through law enforcement operations and victim protection, prevention, and awareness programs.
(3)AdministrationHomeland Security Investigations shall—
(A)
maintain a concept of operations that identifies CCHT participants, funding, core functions, and personnel; and
(B)
update such concept of operations, as needed, to accommodate its mission and the threats to such mission.
(4)Personnel
(A)DirectorThe Secretary of Homeland Security shall appoint a CCHT Director, who shall—
(i)
be a member of the Senior Executive Service; and
(ii)
serve as the Department of Homeland Security’s representative on human trafficking.
(B)Minimum core personnel requirementsSubject to appropriations, the Secretary of Homeland Security shall ensure that CCHT is staffed with at least 45 employees in order to maintain continuity of effort, subject matter expertise, and necessary support to the Department of Homeland Security, including—
(i)
employees who are responsible for the Continued Presence Program and other victim protection duties;
(ii)
employees who are responsible for training, including curriculum development, and public awareness and education;
(iii)
employees who are responsible for stakeholder engagement, Federal interagency coordination, multilateral partnerships, and policy;
(iv)
employees who are responsible for public relations, human resources, evaluation, data analysis and reporting, and information technology;
(v)
special agents and criminal analysts necessary to accomplish its mission of combating human trafficking and the importation of goods produced with forced labor; and
(b)Operations UnitThe CCHT Director shall operate, within CCHT, an Operations Unit, which shall, at a minimum—
(1)support criminal investigations of human trafficking (including sex trafficking and forced labor)—
(A)
by developing, tracking, and coordinating leads; and
(B)
by providing subject matter expertise;
(2)
augment the enforcement of the prohibition on the importation of goods produced with forced labor through civil and criminal authorities;
(3)
coordinate a Department-wide effort to conduct procurement audits and enforcement actions, including suspension and debarment, in order to mitigate the risk of human trafficking throughout Department acquisitions and contracts; and
(4)
support all CCHT enforcement efforts with intelligence by conducting lead development, lead validation, case support, strategic analysis, and data analytics.
(c)Protection and Awareness Programs UnitThe CCHT Director shall operate, within CCHT, a Protection and Awareness Programs Unit, which shall—
(1)
incorporate a victim-centered approach throughout Department of Homeland Security policies, training, and practices;
(2)
operate a comprehensive Continued Presence program;
(3)
conduct, review, and assist with Department of Homeland Security human trafficking training, screening, and identification tools and efforts;
(4)
operate the Blue Campaign’s nationwide public awareness effort and any other awareness efforts needed to encourage victim identification and reporting to law enforcement and to prevent human trafficking; and
(5)
coordinate external engagement, including training and events, regarding human trafficking with critical partners, including survivors, nongovernmental organizations, corporations, multilateral entities, law enforcement agencies, and other interested parties.
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6 - 1 - 8 - 3 - 12 - b Reports
(a)Information sharing to facilitate reports and analysisEach subagency of the Department of Homeland Security shall share with CCHT—
(1)
any information needed by CCHT to develop the strategy and proposal required under section 4(a); [1] and
(2)
any additional data analysis to help CCHT better understand the issues surrounding human trafficking.
(b)Report to Congress
Not later than 1 year after December 27, 2022, the CCHT Director shall submit a report to Congress that identifies any legislation that is needed to facilitate the Department of Homeland Security’s mission to end human trafficking.
(c)Annual report on potential human trafficking victimsNot later than 1 year after December 27, 2022, and annually thereafter, the Secretary of Homeland Security shall submit a report to Congress that includes—
(1)
the numbers of screened and identified potential victims of trafficking (as defined in section 7102(17) of title 22) at or near the international border between the United States and Mexico, including a summary of the age ranges of such victims and their countries of origin; and
(2)
an update on the Department of Homeland Security’s efforts to establish protocols and methods for personnel to report human trafficking, pursuant to the Department of Homeland Security Strategy to Combat Human Trafficking, the Importation of Goods Produced with Forced Labor, and Child Sexual Exploitation, published in January 2020.
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6 - 1 - 8 - 3 - 13 Maritime operations coordination plan
(a)In generalNot later than 180 days after October 5, 2018, and biennially thereafter, the Secretary shall—
(1)
update the Maritime Operations Coordination Plan, published by the Department on July 7, 2011, to strengthen coordination, planning, information sharing, and intelligence integration for maritime operations of components and offices of the Department with responsibility for maritime security missions; and
(2)
submit each update to the Committee on Commerce, Science, and Transportation and the Committee on Homeland Security and Governmental Affairs of the Senate and the Committee on Transportation and Infrastructure and the Committee on Homeland Security of the House of Representatives.
(b)ContentsEach update shall address the following:
(1)
Coordinating the planning, integration of maritime operations, and development of joint maritime domain awareness efforts of any component or office of the Department with responsibility for maritime security missions.
(2)
Maintaining effective information sharing and, as appropriate, intelligence integration, with Federal, State, and local officials and the private sector, regarding threats to maritime security.
(3)
Cooperating and coordinating with Federal departments and agencies, and State and local agencies, in the maritime environment, in support of maritime security missions.
(4)
Highlighting the work completed within the context of other national and Department maritime security strategic guidance and how that work fits with the Maritime Operations Coordination Plan.
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6 - 1 - 8 - 3 - 14 Maritime security capabilities assessments
Not later than 180 days after October 5, 2018, and annually thereafter, theSecretary shall submit to the Committee on Commerce, Science, and Transportation and the Committee on Homeland Security and Governmental Affairs of the Senateand the Committee on Transportation and Infrastructure and the Committee onHomeland Security of the House of Representatives, an assessment of the number and type of maritime assets and the number of personnel required to increase theDepartment’s maritime response rate pursuant to section 223 of this title.
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6 - 1 - 8 - 3 - 15 Operational data sharing capability
(a)In general
Not later than 18 months after December 23, 2022, the Secretary shall, consistent with the ongoing Integrated Multi-Domain Enterprise joint effort by the Department of Homeland Security and the Department of Defense, establish a secure, centralized capability to allow real-time, or near real-time, data and information sharing between Customs and Border Protection and the Coast Guard for purposes of maritime boundary domain awareness and enforcement activities along the maritime boundaries of the United States, including the maritime boundaries in the northern and southern continental United States and Alaska.
(b)Priority
In establishing the capability under subsection (a), the Secretary shall prioritize enforcement areas experiencing the highest levels of enforcement activity.
(c)Requirements
The capability established under subsection (a) shall be sufficient for the secure sharing of data, information, and surveillance necessary for operational missions, including data from governmental assets, irrespective of whether an asset located in or around mission operation areas belongs to the Coast Guard, Customs and Border Protection, or any other partner agency.
(d)ElementsThe Commissioner of Customs and Border Protection and the Commandant shall jointly—
(1)
assess and delineate the types of data and quality of data sharing needed to meet the respective operational missions of Customs and Border Protection and the Coast Guard, including video surveillance, seismic sensors, infrared detection, space-based remote sensing, and any other data or information necessary;
(2)
develop appropriate requirements and processes for the credentialing of personnel of Customs and Border Protection and personnel of the Coast Guard to access and use the capability established under subsection (a); and
(3)
establish a cost-sharing agreement for the long-term operation and maintenance of the capability and the assets that provide data to the capability.
(e)Report
Not later than 2 years after December 23, 2022, the Secretary shall submit to the Committee on Commerce, Science, and Transportation and the Committee onHomeland Security and Governmental Affairs of the Senate and the Committee on Transportation and Infrastructure and the Committee on Homeland Security of the House of Representatives a report on the establishment of the capability under this section.
(f)Rule of construction
Nothing in this section may be construed to authorize the Coast Guard, Customs and Border Protection, or any other partner agency to acquire, share, or transfer personal information relating to an individual in violation of any Federal or State law or regulation.
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6 - 1 - 8 - 4 Immigration Enforcement Functions (§§ 251 to 257)
6 - 1 - 8 - 4 - 1 Transfer of functions
In accordance with subchapter XII (relating to transition provisions), there shall be transferred from the Commissioner of Immigration and Naturalization to the Secretary all functions performed under the following programs, and allpersonnel, assets, and liabilities pertaining to such programs, immediately before such transfer occurs:
(1)
The Border Patrol program.
(2)
The detention and removal program.
(3)
The intelligence program.
(4)
The investigations program.
(5)
The inspections program.
( Pub. L. 107–296, title IV, § 441, Nov. 25, 2002, 116 Stat. 2192; Pub. L. 114–125, title VIII, § 802(g)(1)(B)(v)(I), Feb. 24, 2016, 130 Stat. 212.)
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6 - 1 - 8 - 5 Citizenship and Immigration Services (§§ 271 to 279)
6 - 1 - 8 - 5 - 1 Establishment of Bureau of Citizenship and Immigration Services
(a)Establishment of Bureau
(1)In general
There shall be in the Department a bureau to be known as the “Bureau of Citizenship and Immigration Services”.
(2)DirectorThe head of the Bureau of Citizenship and Immigration Services shall be the Director of the Bureau of Citizenship and Immigration Services, who—
(A)
shall report directly to the Deputy Secretary;
(B)
shall have a minimum of 5 years of management experience; and
(C)
shall be paid at the same level as the Assistant Secretary of the Bureau of Border Security.
(3)FunctionsThe Director of the Bureau of Citizenship and Immigration Services—
(A)
shall establish the policies for performing such functions as are transferred to the Director by this section or this chapter or otherwise vested in the Director by law;
(B)
shall oversee the administration of such policies;
(C)
shall advise the Deputy Secretary with respect to any policy or operation of the Bureau of Citizenship and Immigration Services that may affect the Bureau of Border Security of the Department, including potentially conflicting policies or operations;
(D)
shall establish national immigration services policies and priorities;
(E)
shall meet regularly with the Ombudsman described in section 272 of this title to correct serious service problems identified by the Ombudsman; and
(F)
shall establish procedures requiring a formal response to any recommendations submitted in the Ombudsman’s annual report to Congress within 3 months after its submission to Congress.
(4)Managerial rotation program
(A)In generalNot later than 1 year after the effective date specified in section 455, [1]the Director of the Bureau of Citizenship and Immigration Services shall design and implement a managerial rotation program under which employees of such bureau holding positions involving supervisory or managerial responsibility and classified, in accordance with chapter 51 of title 5, as a GS–14 or above, shall—
(i)
gain some experience in all the major functions performed by such bureau; and
(ii)
work in at least one field office and one service center of such bureau.
(B)Report
Not later than 2 years after the effective date specified in section 455,1 theSecretary shall submit a report to Congress on the implementation of such program.
(5)Pilot initiatives for backlog elimination
The Director of the Bureau of Citizenship and Immigration Services is authorized to implement innovative pilot initiatives to eliminate any remaining backlog in the processing of immigration benefit applications, and to prevent any backlog in the processing of such applications from recurring, in accordance with section 1573(a) of title 8. Such initiatives may include measures such as increasing personnel, transferring personnel to focus on areas with the largest potential for backlog, and streamlining paperwork.
(b)Transfer of functions from CommissionerIn accordance with subchapter XII (relating to transition provisions), there are transferred from the Commissioner of Immigration and Naturalization to the Director of the Bureau of Citizenship and Immigration Services the following functions, and all personnel, infrastructure, and funding provided to the Commissioner in support of such functions immediately before the effective date specified in section 455: 1
(1)
Adjudications of immigrant visa petitions.
(2)
Adjudications of naturalization petitions.
(3)
Adjudications of asylum and refugee applications.
(4)
Adjudications performed at service centers.
(5)
All other adjudications performed by the Immigration and Naturalization Service immediately before the effective date specified in section 455.1
(c)Chief of Policy and Strategy
(1)In general
There shall be a position of Chief of Policy and Strategy for the Bureau of Citizenship and Immigration Services.
(2)FunctionsIn consultation with Bureau of Citizenship and Immigration Services personnel in field offices, the Chief of Policy and Strategy shall be responsible for—
(A)
making policy recommendations and performing policy research and analysis on immigration services issues; and
(B)
coordinating immigration policy issues with the Chief of Policy and Strategy for the Bureau of Border Security of the Department.
(d)Legal advisor
(1)In general
There shall be a principal legal advisor to the Director of the Bureau of Citizenship and Immigration Services.
(2)FunctionsThe legal advisor shall be responsible for—
(A)
providing specialized legal advice, opinions, determinations, regulations, and any other assistance to the Director of the Bureau of Citizenship and Immigration Services with respect to legal matters affecting the Bureau of Citizenship and Immigration Services; and
(B)
representing the Bureau of Citizenship and Immigration Services in visa petition appeal proceedings before the Executive Office for Immigration Review.
(e)Budget Officer
(1)In general
There shall be a Budget Officer for the Bureau of Citizenship and Immigration Services.
(2)Functions
(A) [2] In generalThe Budget Officer shall be responsible for—
(i)
formulating and executing the budget of the Bureau of Citizenship and Immigration Services;
(ii)
financial management of the Bureau of Citizenship and Immigration Services; and
(iii)
collecting all payments, fines, and other debts for the Bureau of Citizenship and Immigration Services.
(f)Chief of Office of Citizenship
(1)In general
There shall be a position of Chief of the Office of Citizenship for the Bureau of Citizenship and Immigration Services.
(2)Functions
The Chief of the Office of Citizenship for the Bureau of Citizenship and Immigration Services shall be responsible for promoting instruction and training on citizenship responsibilities for aliens interested in becoming naturalized citizens of the United States, including the development of educational materials.
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6 - 1 - 8 - 5 - 2 Citizenship and Immigration Services Ombudsman
(a)In general
Within the Department, there shall be a position of Citizenship and Immigration Services Ombudsman (in this section referred to as the “Ombudsman”). The Ombudsman shall report directly to the Deputy Secretary. The Ombudsman shall have a background in customer service as well as immigration law.
(b)FunctionsIt shall be the function of the Ombudsman—
(1)
to assist individuals and employers in resolving problems with the Bureau of Citizenship and Immigration Services;
(2)
to identify areas in which individuals and employers have problems in dealing with the Bureau of Citizenship and Immigration Services; and
(3)
to the extent possible, to propose changes in the administrative practices of the Bureau of Citizenship and Immigration Services to mitigate problems identified under paragraph (2).
(c)Annual reports
(1)ObjectivesNot later than June 30 of each calendar year, the Ombudsman shall report to the Committee on the Judiciary of the House of Representatives and the Senate on the objectives of the Office of the Ombudsman for the fiscal year beginning in such calendar year. Any such report shall contain full and substantive analysis, in addition to statistical information, and—
(A)
shall identify the recommendations the Office of the Ombudsman has made on improving services and responsiveness of the Bureau of Citizenship and Immigration Services;
(B)
shall contain a summary of the most pervasive and serious problems encountered by individuals and employers, including a description of the nature of such problems;
(C)
shall contain an inventory of the items described in subparagraphs (A) and (B) for which action has been taken and the result of such action;
(D)
shall contain an inventory of the items described in subparagraphs (A) and (B) for which action remains to be completed and the period during which each item has remained on such inventory;
(E)
shall contain an inventory of the items described in subparagraphs (A) and (B) for which no action has been taken, the period during which each item has remained on such inventory, the reasons for the inaction, and shall identify any official of the Bureau of Citizenship and Immigration Services who is responsible for such inaction;
(F)
shall contain recommendations for such administrative action as may be appropriate to resolve problems encountered by individuals and employers, including problems created by excessive backlogs in the adjudication and processing of immigration benefit petitions and applications; and
(G)
shall include such other information as the Ombudsman may deem advisable.
(2)Report to be submitted directly
Each report required under this subsection shall be provided directly to the committees described in paragraph (1) without any prior comment or amendment from the Secretary, Deputy Secretary, Director of the Bureau of Citizenship and Immigration Services, or any other officer or employee of the Department or the Office of Management and Budget.
(d)Other responsibilitiesThe Ombudsman—
(1)
shall monitor the coverage and geographic allocation of local offices of the Ombudsman;
(2)
shall develop guidance to be distributed to all officers and employees of the Bureau of Citizenship and Immigration Services outlining the criteria for referral of inquiries to local offices of the Ombudsman;
(3)
shall ensure that the local telephone number for each local office of the Ombudsman is published and available to individuals and employers served by the office; and
(4)
shall meet regularly with the Director of the Bureau of Citizenship and Immigration Services to identify serious service problems and to present recommendations for such administrative action as may be appropriate to resolve problems encountered by individuals and employers.
(e)Personnel actions
(1)In generalThe Ombudsman shall have the responsibility and authority—
(A)
to appoint local ombudsmen and make available at least 1 such ombudsman for each State; and
(B)
to evaluate and take personnel actions (including dismissal) with respect to any employee of any local office of the Ombudsman.
(2)Consultation
The Ombudsman may consult with the appropriate supervisory personnel of the Bureau of Citizenship and Immigration Services in carrying out the Ombudsman’s responsibilities under this subsection.
(f)Responsibilities of Bureau of Citizenship and Immigration Services
The Director of the Bureau of Citizenship and Immigration Services shall establish procedures requiring a formal response to all recommendations submitted to such director by the Ombudsman within 3 months after submission to such director.
(g)Operation of local offices
(1)In generalEach local ombudsman—
(A)
shall report to the Ombudsman or the delegate thereof;
(B)
may consult with the appropriate supervisory personnel of the Bureau of Citizenship and Immigration Services regarding the daily operation of the local office of such ombudsman;
(C)
shall, at the initial meeting with any individual or employer seeking the assistance of such local office, notify such individual or employer that the local offices of the Ombudsman operate independently of any other component of the Department and report directly to Congress through the Ombudsman; and
(D)
at the local ombudsman’s discretion, may determine not to disclose to the Bureau of Citizenship and Immigration Services contact with, or information provided by, such individual or employer.
(2)Maintenance of independent communications
Each local office of the Ombudsman shall maintain a phone, facsimile, and other means of electronic communication access, and a post office address, that is separate from those maintained by the Bureau of Citizenship and Immigration Services, or any component of the Bureau of Citizenship and Immigration Services.
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6 - 1 - 8 - 5 - 3 Professional responsibility and quality review
(a)In generalThe Director of the Bureau of Citizenship and Immigration Services shall be responsible for—
(1)
conducting investigations of noncriminal allegations of misconduct, corruption, and fraud involving any employee of the Bureau of Citizenship and Immigration Services that are not subject to investigation by the Inspector General for the Department;
(2)
inspecting the operations of the Bureau of Citizenship and Immigration Services and providing assessments of the quality of the operations of such bureau as a whole and each of its components; and
(3)
providing an analysis of the management of the Bureau of Citizenship and Immigration Services.
(b)Special considerationsIn providing assessments in accordance with subsection (a)(2) with respect to a decision of the Bureau of Citizenship and Immigration Services, or any of its components, consideration shall be given to—
(1)
the accuracy of the findings of fact and conclusions of law used in rendering the decision;
(2)
any fraud or misrepresentation associated with the decision; and
(3)
the efficiency with which the decision was rendered.
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6 - 1 - 8 - 5 - 4 Employee discipline
The Director of the Bureau of Citizenship and Immigration Services may, notwithstanding any other provision of law, impose disciplinary action, including termination of employment, pursuant to policies and procedures applicable to employees of the Federal Bureau of Investigation, on any employee of the Bureau of Citizenship and Immigration Services who willfully deceives Congress or agency leadership on any matter.
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6 - 1 - 8 - 5 Transition
(a)ReferencesWith respect to any function transferred by this part to, and exercised on or after the effective date specified in section 455 [1] by, the Director of the Bureau of Citizenship and Immigration Services, any reference in any other Federal law, Executive order, rule, regulation, or delegation of authority, or any document of or pertaining to a component of government from which such function is transferred—
(1)
to the head of such component is deemed to refer to the Director of the Bureau of Citizenship and Immigration Services; or
(2)
to such component is deemed to refer to the Bureau of Citizenship and Immigration Services.
(b)Other transition issues
(1)Exercise of authorities
Except as otherwise provided by law, a Federal official to whom a function is transferred by this part may, for purposes of performing the function, exercise all authorities under any other provision of law that were available with respect to the performance of that function to the official responsible for the performance of the function immediately before the effective date specified in section 455.1
(2)Transfer and allocation of appropriations and personnel
The personnel of the Department of Justice employed in connection with thefunctions transferred by this part (and functions that the Secretary determines are properly related to the functions of the Bureau of Citizenship and Immigration Services), and the assets, liabilities, contracts, property, records, and unexpended balance of appropriations, authorizations, allocations, and other funds employed, held, used, arising from, available to, or to be made available to, the Immigration and Naturalization Service in connection with thefunctions transferred by this part, subject to section 1531 of title 31, shall be transferred to the Director of the Bureau of Citizenship and Immigration Services for allocation to the appropriate component of the Department.Unexpended funds transferred pursuant to this paragraph shall be used only for the purposes for which the funds were originally authorized and appropriated. The Secretary shall have the right to adjust or realign transfers of funds and personnel effected pursuant to this part for a period of 2 years after the effective date specified in section 455.1
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6 - 1 - 8 - 6 Report on improving immigration services
(a)In general
The Secretary, not later than 1 year after the effective date of this chapter, shall submit to the Committees on the Judiciary and Appropriations of the House of Representatives and of the Senate a report with a plan detailing how the Bureau of Citizenship and Immigration Services, after the transfer of functions specified in this part takes effect, will complete efficiently, fairly, and within a reasonable time, the adjudications described in paragraphs (1) through (5) of section 271(b) of this title.
(b)ContentsFor each type of adjudication to be undertaken by the Director of the Bureau of Citizenship and Immigration Services, the report shall include the following:
(1)
Any potential savings of resources that may be implemented without affecting the quality of the adjudication.
(2)
The goal for processing time with respect to the application.
(3)
Any statutory modifications with respect to the adjudication that the Secretary considers advisable.
(c)Consultation
In carrying out subsection (a), the Secretary shall consult with the Secretary ofState, the Secretary of Labor, the Assistant Secretary of the Bureau of Border Security of the Department, and the Director of the Executive Office for Immigration Review to determine how to streamline and improve the process for applying for and making adjudications described in section 271(b) of this title and related processes.
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6 - 1 - 8 - 7 Report on responding to fluctuating needs
Not later than 30 days after November 25, 2002, the Attorney General shall submit to Congress a report on changes in law, including changes in authorizations of appropriations and in appropriations, that are needed to permit the Immigration and Naturalization Service, and, after the transfer of functions specified in this part takes effect, the Bureau of Citizenship and Immigration Services of the Department, to ensure a prompt and timely response to emergent, unforeseen, or impending changes in the number of applications for immigration benefits, and otherwise to ensure the accommodation of changing immigration service needs.
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6 - 1 - 8 - 8 Application of Internet-based technologies
(a)Establishment of tracking system
The Secretary, not later than 1 year after the effective date of this chapter, in consultation with the Technology Advisory Committee established under subsection (c), shall establish an Internet-based system, that will permit a person, employer, immigrant, or nonimmigrant who has filings with the Secretary for any benefit under the Immigration and Nationality Act (8 U.S.C. 1101 et seq.), access to online information about the processing status of the filing involved.
(b)Feasibility study for online filing and improved processing
(1)Online filing
The Secretary, in consultation with the Technology Advisory Committee established under subsection (c), shall conduct a feasibility study on the online filing of the filings described in subsection (a). The study shall include a review of computerization and technology of the Immigration and Naturalization Service relating to the immigration services and processing of filings related to immigrant services. The study shall also include an estimate of the timeframe and cost and shall consider other factors in implementing such a filing system, including the feasibility of fee payment online.
(2)Report
A report on the study under this subsection shall be submitted to the Committees on the Judiciary of the House of Representatives and the Senatenot later than 1 year after the effective date of this chapter.
(c)Technology Advisory Committee
(1)EstablishmentThe Secretary shall establish, not later than 60 days after the effective date of this chapter, an advisory committee (in this section referred to as the “Technology Advisory Committee”) to assist the Secretary in—
(A)
establishing the tracking system under subsection (a); and
(B)
conducting the study under subsection (b).
The Technology Advisory Committee shall be established after consultation with the Committees on the Judiciary of the House of Representatives and the Senate.
(2)Composition
The Technology Advisory Committee shall be composed of representatives from high technology companies capable of establishing and implementing the system in an expeditious manner, and representatives of persons who may use the tracking system described in subsection (a) and the online filing system described in subsection (b)(1).
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6 - 1 - 8 - 9 Children’s affairs
(a)Transfer of functions
There are transferred to the Director of the Office of Refugee Resettlement of the Department of Health and Human Services functions under the immigration laws of the United States with respect to the care of unaccompanied alien children that were vested by statute in, or performed by, the Commissioner of Immigration and Naturalization (or any officer, employee, or component of the Immigration and Naturalization Service) immediately before the effective date specified in subsection (d).
(b)Functions
(1)In generalPursuant to the transfer made by subsection (a), the Director of the Office of Refugee Resettlement shall be responsible for—
(A)
coordinating and implementing the care and placement of unaccompanied alien children who are in Federal custody by reason of their immigration status, including developing a plan to be submitted to Congress on how to ensure that qualified and independent legal counsel is timely appointed to represent the interests of each such child, consistent with the law regarding appointment of counsel that is in effect on November 25, 2002;
(B)
ensuring that the interests of the child are considered in decisions and actions relating to the care and custody of an unaccompanied alien child;
(C)
making placement determinations for all unaccompanied alien children who are in Federal custody by reason of their immigration status;
(E)
implementing policies with respect to the care and placement of unaccompanied alien children;
(F)
identifying a sufficient number of qualified individuals, entities, and facilities to house unaccompanied alien children;
(G)
overseeing the infrastructure and personnel of facilities in which unaccompanied alien children reside;
(H)
reuniting unaccompanied alien children with a parent abroad in appropriate cases;
(I)
compiling, updating, and publishing at least annually a state-by- state list of professionals or other entities qualified to provide guardian and attorney representation services for unaccompanied alien children;
(J)maintaining statistical information and other data on unaccompanied alien children for whose care and placement the Director is responsible, which shall include—
(i)
biographical information, such as a child’s name, gender, date of birth, country of birth, and country of habitual residence;
(ii)
the date on which the child came into Federal custody by reason of his or her immigration status;
(iii)
information relating to the child’s placement, removal, or release from each facility in which the child has resided;
(iv)
in any case in which the child is placed in detention or released, an explanation relating to the detention or release; and
(v)
the disposition of any actions in which the child is the subject;
(K)
collecting and compiling statistical information from the Department of Justice, the Department of Homeland Security, and the Department of State on each department’s actions relating to unaccompanied alien children; and
(L)
conducting investigations and inspections of facilities and other entities in which unaccompanied alien children reside, including regular follow-up visits to such facilities, placements, and other entities, to assess the continued suitability of such placements.
(2)Coordination with other entities; no release on own recognizanceIn making determinations described in paragraph (1)(C), the Director of the Office of Refugee Resettlement—
(A)shall consult with appropriate juvenile justice professionals, the Director of the Bureau of Citizenship and Immigration Services, and the Assistant Secretary of the Bureau of Border Security to ensure that such determinations ensure that unaccompanied alien children described in such subparagraph—
(i)
are likely to appear for all hearings or proceedings in which they are involved;
(ii)
are protected from smugglers, traffickers, or others who might seek to victimize or otherwise engage them in criminal, harmful, or exploitive activity; and
(iii)
are placed in a setting in which they are not likely to pose a danger to themselves or others; and
(B)
shall not release such children upon their own recognizance.
(3)Duties with respect to foster care
In carrying out the duties described in paragraph (1), the Director of the Office of Refugee Resettlement is encouraged to use the refugee children foster care system established pursuant to section 412(d) of the Immigration and Nationality Act (8 U.S.C. 1522(d)) for the placement of unaccompanied alien children.
(4)Rule of construction
Nothing in paragraph (2)(B) may be construed to require that a bond be posted for an unaccompanied alien child who is released to a qualified sponsor.
(c)Rule of construction
Nothing in this section may be construed to transfer the responsibility for adjudicating benefit determinations under the Immigration and Nationality Act (8 U.S.C. 1101 et seq.) from the authority of any official of the Department of Justice, the Department of Homeland Security, or the Department of State.
(e)ReferencesWith respect to any function transferred by this section, any reference in any other Federal law, Executive order, rule, regulation, or delegation of authority, or any document of or pertaining to a component of government from which such function is transferred—
(1)
to the head of such component is deemed to refer to the Director of the Office of Refugee Resettlement; or
(2)
to such component is deemed to refer to the Office of Refugee Resettlement of the Department of Health and Human Services.
(f)Other transition issues
(1)Exercise of authorities
Except as otherwise provided by law, a Federal official to whom a function is transferred by this section may, for purposes of performing the function, exercise all authorities under any other provision of law that were available with respect to the performance of that function to the official responsible for the performance of the function immediately before the effective date specified in subsection (d).
(2)Savings provisions
Subsections (a), (b), and (c) of section 552 of this title shall apply to a transfer of functions under this section in the same manner as such provisions apply to a transfer of functions under this chapter to the Department of Homeland Security.
(3)Transfer and allocation of appropriations and personnel
The personnel of the Department of Justice employed in connection with thefunctions transferred by this section, and the assets, liabilities, contracts, property, records, and unexpended balance of appropriations, authorizations, allocations, and other funds employed, held, used, arising from, available to, or to be made available to, the Immigration and Naturalization Service in connection with the functions transferred by this section, subject to section 1531 of title 31, shall be transferred to the Director of the Office of Refugee Resettlement for allocation to the appropriate component of the Department of Health and Human Services. Unexpended funds transferred pursuant to this paragraph shall be used only for the purposes for which the funds were originally authorized and appropriated.
(g)DefinitionsAs used in this section—
(2)the term “ unaccompanied alien child” means a child who—
(A)
has no lawful immigration status in the United States;
(B)
has not attained 18 years of age; and
(C)with respect to whom—
(i)
there is no parent or legal guardian in the United States; or
(ii)
no parent or legal guardian in the United States is available to provide care and physical custody.
( Pub. L. 107–296, title IV, § 462, Nov. 25, 2002, 116 Stat. 2202; Pub. L. 110–457, title II, § 235(f), Dec. 23, 2008, 122 Stat. 5081.)
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6 - 1 - 8 - 6 General Immigration Provisions (§§ 291 to 298)
6 - 1 - 8 - 6 - 1 Abolishment of INS
(a)In general
Upon completion of all transfers from the Immigration and Naturalization Service as provided for by this chapter, the Immigration and Naturalization Service of the Department of Justice is abolished.
(b)Prohibition
The authority provided by section 542 of this title may be used to reorganizefunctions or organizational units within the Bureau of Border Security or the Bureau of Citizenship and Immigration Services, but may not be used to recombine the two bureaus into a single agency or otherwise to combine, join, or consolidate functions or organizational units of the two bureaus with each other.
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6 - 1 - 8 - 6 - 2 Voluntary separation incentive payments
(a)DefinitionsFor purposes of this section—
(1)the term “ employee” means an employee (as defined by section 2105 of title 5) who—
(A)
has completed at least 3 years of current continuous service with 1 or more covered entities; and
(B)
is serving under an appointment without time limitation,
(2)the term “ covered entity” means—
(A)
the Immigration and Naturalization Service;
(B)
the Bureau of Border Security of the Department of Homeland Security; and
(C)
the Bureau of Citizenship and Immigration Services of the Department of Homeland Security; and
(b)Strategic restructuring planBefore the Attorney General or the Secretary obligates any resources for voluntary separation incentive payments under this section, such official shall submit to the appropriate committees of Congress a strategic restructuring plan, which shall include—
(1)
an organizational chart depicting the covered entities after their restructuring pursuant to this chapter;
(2)
a summary description of how the authority under this section will be used to help carry out that restructuring; and
As used in the preceding sentence, the “appropriate committees of Congress” are the Committees on Appropriations, Government Reform, and the Judiciary of the House of Representatives, and the Committees on Appropriations, Governmental Affairs, and the Judiciary of the Senate.
(c)AuthorityThe Attorney General and the Secretary may, to the extent necessary to help carry out their respective strategic restructuring plan described in subsection (b), make voluntary separation incentive payments to employees. Any such payment—
(1)
shall be paid to the employee, in a lump sum, after the employee has separated from service;
(2)
shall be paid from appropriations or funds available for the payment of basic pay of the employee;
(3)shall be equal to the lesser of—
(B)
an amount not to exceed $25,000, as determined by the Attorney General or the Secretary;
(4)may not be made except in the case of any qualifying employee who voluntarily separates (whether by retirement or resignation) before the end of—
(A)
the 3-month period beginning on the date on which such payment is offered or made available to such employee; or
(B)
the 3-year period beginning on November 25, 2002,
whichever occurs first;
(5)
shall not be a basis for payment, and shall not be included in the computation, of any other type of Government benefit; and
(6)
shall not be taken into account in determining the amount of any severance pay to which the employee may be entitled under section 5595 of title 5, based on any other separation.
(d)Additional agency contributions to the retirement fund
(1)In general
In addition to any payments which it is otherwise required to make, the Department of Justice and the Department of Homeland Security shall, for each fiscal year with respect to which it makes any voluntary separation incentive payments under this section, remit to the Office of Personnel Management for deposit in the Treasury of the United States to the credit of the Civil Service Retirement and Disability Fund the amount required under paragraph (2).
(2)Amount requiredThe amount required under this paragraph shall, for any fiscal year, be the amount under subparagraph (A) or (B), whichever is greater.
(A)First method
The amount under this subparagraph shall, for any fiscal year, be equal to the minimum amount necessary to offset the additional costs to the retirement systems under title 5 (payable out of the Civil Service Retirement and Disability Fund) resulting from the voluntary separation of the employees described in paragraph (3), as determined under regulations of the Office of Personnel Management.
(B)Second method
The amount under this subparagraph shall, for any fiscal year, be equal to 45 percent of the sum total of the final basic pay of the employees described in paragraph (3).
(3)Computations to be based on separations occurring in the fiscal year involved
The employees described in this paragraph are those employees who receive a voluntary separation incentive payment under this section based on their separating from service during the fiscal year with respect to which the payment under this subsection relates.
(4)Final basic pay defined
In this subsection, the term “final basic pay” means, with respect to anemployee, the total amount of basic pay which would be payable for a year of service by such employee, computed using the employee’s final rate of basic pay, and, if last serving on other than a full-time basis, with appropriate adjustment therefor.
(e)Effect of subsequent employment with the Government
An individual who receives a voluntary separation incentive payment under this section and who, within 5 years after the date of the separation on which the payment is based, accepts any compensated employment with the Government or works for any agency of the Government through a personal services contract, shall be required to pay, prior to the individual’s first day of employment, the entire amount of the incentive payment. Such payment shall be made to the covered entity from which the individual separated or, if made on or after thetransfer date, to the Deputy Secretary or the Under Secretary for Border and Transportation Security (for transfer to the appropriate component of the Department of Homeland Security, if necessary).
(f)Effect on employment levels
(1)Intended effect
Voluntary separations under this section are not intended to necessarily reduce the total number of full-time equivalent positions in any covered entity.
(2)Use of voluntary separations
A covered entity may redeploy or use the full-time equivalent positions vacated by voluntary separations under this section to make other positions available to more critical locations or more critical occupations.
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6 - 1 - 8 - 6 - 3 Authority to conduct a demonstration project relating
to disciplinary action
(a)In general
The Attorney General and the Secretary may each, during a period ending not later than 5 years after November 25, 2002, conduct a demonstration project for the purpose of determining whether one or more changes in the policies or procedures relating to methods for disciplining employees would result in improved personnel management.
(b)ScopeA demonstration project under this section—
(1)
may not cover any employees apart from those employed in or under a covered entity; and
(2)
shall not be limited by any provision of chapter 43, 75, or 77 of title 5.
(c)ProceduresUnder the demonstration project—
(1)
the use of alternative means of dispute resolution (as defined in section 571 of title 5) shall be encouraged, whenever appropriate; and
(2)
each covered entity under the jurisdiction of the official conducting the project shall be required to provide for the expeditious, fair, and independent review of any action to which section 4303 or subchapter II of chapter 75 of such title 5 would otherwise apply (except an action described in section 7512(5) of such title 5).
(d)Actions involving discrimination
Notwithstanding any other provision of this section, if, in the case of any matter described in section 7702(a)(1)(B) of title 5, there is no judicially reviewable action under the demonstration project within 120 days after the filing of an appeal or other formal request for review (referred to in subsection (c)(2)), an employee shall be entitled to file a civil action to the same extent and in the same manner as provided in section 7702(e)(1) of such title 5 (in the matter following subparagraph (C) thereof).
(e)Certain employeesEmployees shall not be included within any project under this section if such employees are—
(1)
neither managers nor supervisors; and
(2)
within a unit with respect to which a labor organization is accorded exclusive recognition under chapter 71 of title 5.
Notwithstanding the preceding sentence, an aggrieved employee within a unit (referred to in paragraph (2)) may elect to participate in a complaint procedure developed under the demonstration project in lieu of any negotiated grievance procedure and any statutory procedure (as such term is used in section 7121 of such title 5).
(f)Reports
The Government Accountability Office shall prepare and submit to the Committees on Government Reform and the Judiciary of the House of Representatives and the Committees on Governmental Affairs and the Judiciary of the Senate periodic reports on any demonstration project conducted under this section, such reports to be submitted after the second and fourth years of its operation. Upon request, the Attorney General or the Secretary shall furnish such information as the Government Accountability Office may require to carry out this subsection.
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6 - 1 - 8 - 6 - 4 Sense of Congress
It is the sense of Congress that—
(1)
the missions of the Bureau of Border Security and the Bureau of Citizenship and Immigration Services are equally important and, accordingly, they each should be adequately funded; and
(2)
the functions transferred under this part should not, after such transfers take effect, operate at levels below those in effect prior to November 25, 2002.
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6 - 1 - 8 - 6 - 5 Director of Shared Services
(a)In general
Within the Office of Deputy Secretary, there shall be a Director of Shared Services.
(b)FunctionsThe Director of Shared Services shall be responsible for the coordination of resources for the Bureau of Border Security and the Bureau of Citizenship and Immigration Services, including—
(1)
information resources management, including computer databases and information technology;
(2)
records and file management; and
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6 - 1 - 8 - 6 Separation of funding
(a)In general
There shall be established separate accounts in the Treasury of the United Statesfor appropriated funds and other deposits available for the Bureau of Citizenship and Immigration Services and the Bureau of Border Security.
(b)Separate budgets
To ensure that the Bureau of Citizenship and Immigration Services and the Bureau of Border Security are funded to the extent necessary to fully carry out their respective functions, the Director of the Office of Management and Budgetshall separate the budget requests for each such entity.
(c)Fees
Fees imposed for a particular service, application, or benefit shall be deposited into the account established under subsection (a) that is for the bureau with jurisdiction over the function to which the fee relates.
(d)Fees not transferable
No fee may be transferred between the Bureau of Citizenship and Immigration Services and the Bureau of Border Security for purposes not authorized by section 1356 of title 8.
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6 - 1 - 8 - 7 Reports and implementation plans
(a)Division of funds
The Secretary, not later than 120 days after the effective date of this chapter, shall submit to the Committees on Appropriations and the Judiciary of the House of Representatives and of the Senate a report on the proposed division and transfer of funds, including unexpended funds, appropriations, and fees, between the Bureau of Citizenship and Immigration Services and the Bureau of Border Security.
(b)Division of personnel
The Secretary, not later than 120 days after the effective date of this chapter, shall submit to the Committees on Appropriations and the Judiciary of the House of Representatives and of the Senate a report on the proposed division of personnel between the Bureau of Citizenship and Immigration Services and the Bureau of Border Security.
(c)Implementation plan
(1)In general
The Secretary, not later than 120 days after the effective date of this chapter, and every 6 months thereafter until the termination of fiscal year 2005, shall submit to the Committees on Appropriations and the Judiciary of the House of Representatives and of the Senate an implementation plan to carry out this chapter.
(2)ContentsThe implementation plan should include details concerning the separation of the Bureau of Citizenship and Immigration Services and the Bureau of Border Security, including the following:
(A)
Organizational structure, including the field structure.
(C)
Procedures for interaction among such bureaus.
(D)
Fraud detection and investigation.
(E)
The processing and handling of removal proceedings, including expedited removal and applications for relief from removal.
(G)
Establishment of a transition team.
(H)
Methods to phase in the costs of separating the administrative support systems of the Immigration and Naturalization Service in order to provide for separate administrative support systems for the Bureau of Citizenship and Immigration Services and the Bureau of Border Security.
(d)Comptroller General studies and reports
(1)Status reports on transitionNot later than 18 months after the date on which the transfer of functionsspecified under section 251 of this title takes effect, and every 6 months thereafter, until full implementation of this part has been completed, the Comptroller General of the United States shall submit to the Committees on Appropriations and on the Judiciary of the House of Representativesand the Senate a report containing the following:
(A)
A determination of whether the transfers of functions made by parts D and E of this subchapter have been completed, and if a transfer of functions has not taken place, identifying the reasons why the transfer has not taken place.
(B)
If the transfers of functions made by parts D and E of this subchapter have been completed, an identification of any issues that have arisen due to the completed transfers.
(C)
An identification of any issues that may arise due to any future transfer of functions.
(2)Report on managementNot later than 4 years after the date on which the transfer of functionsspecified under section 251 of this title takes effect, the Comptroller General of the United States shall submit to the Committees on Appropriations and on the Judiciary of the House of Representatives and the Senate a report, following a study, containing the following:
(A)Determinations of whether the transfer of functions from the Immigration and Naturalization Service to the Bureau of Citizenship and Immigration Services and the Bureau of Border Security have improved, with respect to each function transferred, the following:
(ii)
Management, including accountability and communication.
(iii)
Financial administration.
(iv)
Recordkeeping, including information management and technology.
(B)
A statement of the reasons for the determinations under subparagraph (A).
(C)
Any recommendations for further improvements to the Bureau of Citizenship and Immigration Services and the Bureau of Border Security.
(3)Report on fees
Not later than 1 year after November 25, 2002, the Comptroller General of the United States shall submit to the Committees on the Judiciary of the House of Representatives and of the Senate a report examining whether the Bureau of Citizenship and Immigration Services is likely to derive sufficient funds from fees to carry out its functions in the absence of appropriated funds.
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6 - 1 - 8 - 8 Immigration functions
(a)Annual report
(1)In general
One year after November 25, 2002, and each year thereafter, the Secretary shall submit a report to the President, to the Committees on the Judiciary and Government Reform of the House of Representatives, and to the Committees on the Judiciary and Government Affairs of the Senate, on the impact the transfers made by this part has had on immigration functions.
(2)Matter includedThe report shall address the following with respect to the period covered by the report:
(A)
The aggregate number of all immigration applications and petitions received, and processed, by the Department.
(B)
Region-by-region statistics on the aggregate number of immigration applications and petitions filed by an alien (or filed on behalf of an alien) and denied, disaggregated by category of denial and application or petition type.
(C)
The quantity of backlogged immigration applications and petitions that have been processed, the aggregate number awaiting processing, and a detailed plan for eliminating the backlog.
(D)
The average processing period for immigration applications and petitions, disaggregated by application or petition type.
(E)
The number and types of immigration-related grievances filed with any official of the Department of Justice, and if those grievances were resolved.
(F)
Plans to address grievances and improve immigration services.
(G)
Whether immigration-related fees were used consistent with legal requirements regarding such use.
(H)
Whether immigration-related questions conveyed by customers to the Department (whether conveyed in person, by telephone, or by means of the Internet) were answered effectively and efficiently.
(b)Sense of Congress regarding immigration servicesIt is the sense of Congress that—
(1)
the quality and efficiency of immigration services rendered by the Federal Government should be improved after the transfers made by this part take effect; and
(2)
the Secretary should undertake efforts to guarantee that concerns regarding the quality and efficiency of immigration services are addressed after such effective date.
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6 - 1 - 8 - 7 U.S. Customs and Border Protection Public Private Partnerships
(§§ 301 to 301c)
6 - 1 - 8 - 7 - 1 Fee agreements for certain services at ports of entry
(a)In generalNotwithstanding section 58c(e) of title 19 and section 1451 of title 19, the Commissioner of U.S. Customs and Border Protection, upon the request of any entity, may enter into a fee agreement with such entity under which—
(1)
U.S. Customs and Border Protection shall provide services described in subsection (b) at a United States port of entry or any other facility at which U.S. Customs and Border Protection provides or will provide such services;
(2)
such entity shall remit to U.S. Customs and Border Protection a fee imposed under subsection (h) in an amount equal to the full costs that are incurred or will be incurred in providing such services; and
(3)
if space is provided by such entity, each facility at which U.S. Customs and Border Protection services are performed shall be maintained and equipped by such entity, without cost to the Federal Government, in accordance with U.S. Customs and Border Protection specifications.
(b)Services described
The services described in this subsection are any activities of any employee or Office of Field Operations contractor of U.S. Customs and Border Protection (except employees of the U.S. Border Patrol, as established under section 211(e) of this title) pertaining to, or in support of, customs, agricultural processing, border security, or immigration inspection-related matters at a port of entry or any other facility at which U.S. Customs and Border Protection provides or will provide services.
(c)Modification of prior agreements
The Commissioner of U.S. Customs and Border Protection, at the request of an entity who has previously entered into an agreement with U.S. Customs and Border Protection for the reimbursement of fees in effect on December 16, 2016, may modify such agreement to implement any provisions of this section.
(d)Limitations
(1)Impacts of servicesThe Commissioner of U.S. Customs and Border Protection—
(A)may enter into fee agreements under this section only for services that—
(i)
will increase or enhance the operational capacity of U.S. Customs and Border Protection based on available staffing and workload; and
(ii)
will not shift the cost of services funded in any appropriations Act, or provided from any account in the Treasury of the United Statesderived by the collection of fees, to entities under this chapter; and
(B)
may not enter into a fee agreement under this section if such agreement would unduly and permanently impact services funded in any appropriations Act, or provided from any account in the Treasury of the United States, derived by the collection of fees.
(2)Number
There shall be no limit to the number of fee agreements that the Commissioner of U.S. Customs and Border Protection may enter into under this section.
(e)Air ports of entry
(1)Fee agreement
Except as otherwise provided in this subsection, a fee agreement for U.S. Customs and Border Protection services at an air port of entry may only provide for the payment of overtime costs of U.S. Customs and Border Protection officers and salaries and expenses of U.S. Customs and Border Protection employees to support U.S. Customs and Border Protection officers in performing services described in subsection (b).
(2)Small airports
Notwithstanding paragraph (1), U.S. Customs and Border Protection may receive reimbursement in addition to overtime costs if the fee agreement is for services at an air port of entry that has fewer than 100,000 arriving international passengers annually.
(3)Covered servicesIn addition to costs described in paragraph (1), a fee agreement for U.S. Customs and Border Protection services at an air port of entry referred to in paragraph (2) may provide for the reimbursement of—
(A)
salaries and expenses of not more than five full-time equivalent U.S. Customs and Border Protection Officers beyond the number of such officers assigned to the port of entry on the date on which the fee agreement was signed;
(B)
salaries and expenses of employees of U.S. Customs and Border Protection, other than the officers referred to in subparagraph (A), to support U.S. Customs and Border Protection officers in performing law enforcement functions; and
(C)
other costs incurred by U.S. Customs and Border Protection relating to services described in subparagraph (B), such as temporary placement or permanent relocation of employees, including incentive pay for relocation, as appropriate.
(f)Port of entry size
The Commissioner of U.S. Customs and Border Protection shall ensure that each fee agreement proposal is given equal consideration regardless of the size of the port of entry.
(g)Denied application
(1)In generalIf the Commissioner of U.S. Customs and Border Protection denies a proposal for a fee agreement under this section, the Commissioner shall provide the entity submitting such proposal with the reason for the denial unless—
(A)
the reason for the denial is law enforcement sensitive; or
(B)
withholding the reason for the denial is in the national security interests of the United States.
(2)Judicial review
Decisions of the Commissioner of U.S. Customs and Border Protection under paragraph (1) are in the discretion of the Commissioner and are not subject to judicial review.
(h)Fee
(1)In general
The amount of the fee to be charged under an agreement authorized under subsection (a) shall be paid by each entity requesting U.S. Customs and Border Protection services, and shall be for the full cost of providing such services, including the salaries and expenses of employees and contractors of U.S. Customs and Border Protection, to provide such services and other costs incurred by U.S. Customs and Border Protection relating to such services, such as temporary placement or permanent relocation of such employees and contractors.
(2)Timing
The Commissioner of U.S. Customs and Border Protection may require that the fee referred to in paragraph (1) be paid by each entity that has entered into a fee agreement under subsection (a) with U.S. Customs and Border Protection in advance of the performance of U.S. Customs and Border Protection services.
(3)Oversight of feesThe Commissioner of U.S. Customs and Border Protection shall develop a process to oversee the services for which fees are charged pursuant to an agreement under subsection (a), including—
(A)
a determination and report on the full costs of providing such services, and a process for increasing such fees, as necessary;
(B)
the establishment of a periodic remittance schedule to replenish appropriations, accounts, or funds, as necessary; and
(C)
the identification of costs paid by such fees.
(i)Deposit of funds
(1)AccountFunds collected pursuant to any agreement entered into pursuant to subsection (a)—
(A)
shall be deposited as offsetting collections;
(B)
shall remain available until expended without fiscal year limitation; and
(C)
shall be credited to the applicable appropriation, account, or fund for the amount paid out of such appropriation, account, or fund for any expenses incurred or to be incurred by U.S. Customs and Border Protection in providing U.S. Customs and Border Protection services under any such agreement and any other costs incurred or to be incurred by U.S. Customs and Border Protection relating to such services.
(2)Return of unused funds
The Commissioner of U.S. Customs and Border Protection shall return any unused funds collected and deposited into the account described in paragraph (1) if a fee agreement entered into pursuant to subsection (a) is terminated for any reason or the terms of such fee agreement change by mutual agreement to cause a reduction of U.S. Customs and Border Protections [1] services. No interest shall be owed upon the return of any such unused funds.
(j)Termination
(1)In general
The Commissioner of U.S. Customs and Border Protection shall terminate the services provided pursuant to a fee agreement entered into under subsection (a) with an entity that, after receiving notice from the Commissioner that a fee under subsection (h) is due, fails to pay such fee in a timely manner. If such services are terminated, all costs incurred by U.S. Customs and Border Protection that have not been paid shall become immediately due and payable. Interest on unpaid fees shall accrue based on the rate and amount established under sections 6621 and 6622 of title 26.
(2)Penalty
Any entity that, after notice and demand for payment of any fee under subsection (h), fails to pay such fee in a timely manner shall be liable for a penalty or liquidated damage equal to two times the amount of such fee. Any such amount collected under this paragraph shall be deposited into the appropriate account specified under subsection (i) and shall be available as described in such subsection.
(3)Termination by the entity
Any entity who has previously entered into an agreement with U.S. Customs and Border Protection for the reimbursement of fees in effect on December 16, 2016, or under the provisions of this section, may request that such agreement be amended to provide for termination upon advance notice, length, and terms that are negotiated between such entity and U.S. Customs and Border Protection.
(k)Annual reportThe Commissioner of U.S. Customs and Border Protection shall—
(1)submit an annual report identifying the activities undertaken and the agreements entered into pursuant to this section to—
(A)
the Committee on Appropriations of the Senate;
(B)
the Committee on Finance of the Senate;
(C)
the Committee on Homeland Security and Governmental Affairs of the Senate;
(D)
the Committee on the Judiciary of the Senate;
(E)
the Committee on Appropriations of the House of Representatives;
(F)
the Committee on Homeland Security of the House of Representatives;
(G)
the Committee on the Judiciary of the House of Representatives; and
(H)
the Committee on Ways and Means of the House of Representatives; and
(2)
not later than 15 days before entering into a fee agreement, notify the members of Congress that represent the State or Congressional District in which the affected port of entry or facility is located of such agreement.
(l)Rule of construction
Nothing in this section may be construed as imposing on U.S. Customs and Border Protection any responsibilities, duties, or authorities relating to real property.
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6 - 1 - 8 - 7 - 2 Port of entry donation authority
(a)Personal property donation authority
(1)In generalThe Commissioner of U.S. Customs and Border Protection, in consultation with the Administrator of General Services, may enter into an agreement with any entity to accept a donation of personal property, money, or nonpersonal services for the uses described in paragraph (3) only with respect to the following locations at which U.S. Customs and Border Protection performs or will be performing inspection services:
(A)
A new or existing sea or air port of entry.
(B)
An existing Federal Government-owned or -leased land port of entry.
(C)A new Federal Government-owned or -leased land port of entry if—
(i)
the fair market value of the donation is $75,000,000 or less; and
(ii)
the fair market value of donations with respect to the land port of entry total $75,000,000 or less over the preceding five years.
(2)Limitation on monetary donations
Any monetary donation accepted pursuant to this subsection may not be used to pay the salaries of U.S. Customs and Border Protection employees performing inspection services.
(3)UsesDonations accepted pursuant to this subsection may be used for activities of the Office of Field Operations set forth in subparagraphs (A) through (F) of section 211(g)(3) of this title, which are related to a new or existing sea or air port of entry or a new or existing Federal Government-owned or -leased land port of entry described in paragraph (1), including expenses related to—
(A)
furniture, fixtures, equipment, or technology, including the installation or deployment of such items; and
(B)
the operation and maintenance of such furniture, fixtures, equipment, or technology.
(b)Real property donation authority
(1)In generalSubject to paragraph (3), the Commissioner of U.S. Customs and Border Protection, and the Administrator of General Services, as applicable, may enter into an agreement with any entity to accept a donation of real property or money for uses described in paragraph (2) only with respect to the following locations at which U.S. Customs and Border Protection performs or will be performing inspection services:
(A)
A new or existing sea or air port of entry.
(B)
An existing Federal Government-owned land port of entry.
(C)A new Federal Government-owned land port of entry if—
(i)
the fair market value of the donation is $75,000,000 or less; and
(ii)
the fair market value of donations with respect to the land port of entry total $75,000,000 or less over the preceding five years.
(2)UseDonations accepted pursuant to this subsection may be used for activities of the Office of Field Operations set forth in section 211(g) of this title, which are related to the construction, alteration, operation, or maintenance of a new or existing sea or air port of entry or a new or existing a [1] Federal Government-owned land port of entry described in paragraph (1), including expenses related to—
(A)
land acquisition, design, construction, repair, or alteration; and
(B)
operation and maintenance of such port of entry facility.
(3)Limitation on real property donations
A donation of real property under this subsection at an existing land port of entry owned by the General Services Administration may only be accepted by the Administrator of General Services.
(4)Sunset
(A)In general
The authority to enter into an agreement under this subsection shall terminate on December 31, 2026.
(B)Rule of construction
The termination date referred to in subparagraph (A) shall not apply to a proposal accepted for consideration by U.S. Customs and Border Protection or the General Services Administration pursuant to this section or a prior pilot program prior to such termination date.
(c)General provisions
(1)Duration
An agreement entered into under subsection (a) or (b) (and, in the case of such subsection (b), in accordance with paragraph (4) of such subsection) may last as long as required to meet the terms of such agreement.
(2)CriteriaIn carrying out an agreement entered into under subsection (a) or (b), the Commissioner of U.S. Customs and Border Protection, in consultation with the Administrator of General Services, shall establish criteria regarding—
(A)
the selection and evaluation of donors;
(B)
the identification of roles and responsibilities between U.S. Customs and Border Protection, the General Services Administration, and donors;
(C)
the identification, allocation, and management of explicit and implicit risks of partnering between the Federal Government and donors;
(D)
decision-making and dispute resolution processes; and
(E)
processes for U.S. Customs and Border Protection, and the General Services Administration, as applicable, to terminate agreements if selected donors are not meeting the terms of any such agreement, including the security standards established by U.S. Customs and Border Protection.
(3)Evaluation procedures
(A)In generalThe Commissioner of U.S. Customs and Border Protection, in consultation with the Administrator of General Services, as applicable, shall—
(i)
establish criteria for evaluating a proposal to enter into an agreement under subsection (a) or (b); and
(ii)
make such criteria publicly available.
(B)ConsiderationsCriteria established pursuant to subparagraph (A) shall consider—
(i)
the impact of a proposal referred to in such subparagraph on the land, sea, or air port of entry at issue and other ports of entry or similar facilities or other infrastructure near the location of the proposed donation;
(ii)
such proposal’s potential to increase trade and travel efficiency through added capacity;
(iii)
such proposal’s potential to enhance the security of the port of entry at issue;
(iv)
the impact of the proposal on reducing wait times at that port of entry or facility and other ports of entry on the same border;
(v)for a donation under subsection (b)—
(I)
whether such donation satisfies the requirements of such proposal, or whether additional real property would be required; and
(II)
how such donation was acquired, including if eminent domain was used;
(vi)
the funding available to complete the intended use of such donation;
(vii)
the costs of maintaining and operating such donation;
(viii)
the impact of such proposal on U.S. Customs and Border Protection staffing requirements; and
(ix)
other factors that the Commissioner or Administrator determines to be relevant.
(C)Determination and notification
(i)Incomplete proposals
(I)In general
Not later than 60 days after receiving the proposals for a donation agreement from an entity, the Commissioner of U.S. Customs and Border Protection shall notify such entity as to whether such proposal is complete or incomplete.
(II)ResubmissionIf the Commissioner of U.S. Customs and Border Protection determines that a proposal is incomplete, the Commissioner shall—
(aa)
notify the appropriate entity and provide such entity with a description of all information or material that is needed to complete review of the proposal; and
(bb)
allow the entity to resubmit the proposal with additional information and material described in item (aa) to complete the proposal.
(ii)Complete proposalsNot later than 180 days after receiving a completed proposal to enter into an agreement under subsection (a) or (b), the Commissioner of U.S. Customs and Border Protection, with the concurrence of the Administrator of General Services, as applicable, shall—
(I)
determine whether to approve or deny such proposal; and
(II)
notify the entity that submitted such proposal of such determination.
(4)Supplemental funding
Except as required under section 3307 of title 40, real property donations to the Administrator of General Services made pursuant to subsection 1 (a) and 1(b) at a GSA-owned land port of entry may be used in addition to any other funding for such purpose, including appropriated funds, property, or services.
(5)Return of donations
The Commissioner of U.S. Customs and Border Protection, or the Administrator of General Services, as applicable, may return any donation made pursuant to subsection (a) or (b). No interest shall be owed to the donorwith respect to any donation provided under such subsections that is returned pursuant to this subsection.
(6)Prohibition on certain funding
(A)In general
Except as provided in subsections (a) and (b) regarding the acceptance of donations, the Commissioner of U.S. Customs and Border Protection and the Administrator of General Services, as applicable, may not, with respect to an agreement entered into under either of such subsections, obligate or expend amounts in excess of amounts that have been appropriated pursuant to any appropriations Act for purposes specified in either of such subsections or otherwise made available for any of such purposes.
(B)Certification requirementBefore accepting any donations pursuant to an agreement under subsection (a) or (b), the Commissioner of U.S. Customs and Border Protection shall certify to the congressional committees set forth in paragraph (7) that [2]
(i)
the donation will not be used for the construction of a detention facility or a border fence or wall; and
(ii)
the donor will be notified in the Donations Acceptance Agreement that the donor shall be financially responsible for all costs and operating expenses related to the operation, maintenance, and repair of the donated real property until such time as U.S. Customs and Border Protection provides the donor written notice otherwise.
(7)Annual reportsThe Commissioner of U.S. Customs and Border Protection, in collaboration with the Administrator of General Services, as applicable, shall submit an annual report identifying the activities undertaken and agreements entered into pursuant to subsections (a) and (b) to—
(A)
the Committee on Appropriations of the Senate;
(B)
the Committee on Environment and Public Works of the Senate;
(C)
the Committee on Finance of the Senate;
(D)
the Committee on Homeland Security and Governmental Affairs of the Senate;
(E)
the Committee on the Judiciary of the Senate;
(F)
the Committee on Appropriations of the House of Representatives;
(G)
the Committee on Homeland Security of the House of Representatives;
(H)
the Committee on the Judiciary of the House of Representatives;
(I)
the Committee on Transportation and Infrastructure of the House of Representatives; and
(J)
the Committee on Ways and Means of the House of Representatives.
(d)GAO reportThe Comptroller General of the United States shall submit an [3] biennial report to the congressional committees referred to in subsection (c)(7) that evaluates—
(2)
donation agreements entered into pursuant to subsections (a) and (b); and
(3)
the fees and donations received by U.S. Customs and Border Protection pursuant to such agreements.
(e)Judicial review
Decisions of the Commissioner of U.S. Customs and Border Protection and the Administrator of General Services under this section regarding the acceptance of real or personal property are in the discretion of the Commissioner and the Administrator and are not subject to judicial review.
(f)Rule of construction
Except as otherwise provided in this section, nothing in this section may be construed as affecting in any manner the responsibilities, duties, or authorities of U.S. Customs and Border Protection or the General Services Administration.
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( Pub. L. 107–296, title IV, § 482, as added Pub. L. 114–279, § 2(a), Dec. 16, 2016, 130 Stat. 1417; amended Pub. L. 116–260, div. O, title III, § 301, Dec. 27, 2020, 134 Stat. 2149; Pub. L. 117–81, div. F, title LXIV, § 6410, Dec. 27, 2021, 135 Stat. 2408.) |
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6 - 1 - 8 - 7 - 3 Current and proposed agreements
Nothing in this part or in section 4 of the Cross-Border Trade Enhancement Act of 2016 may be construed as affecting—
(1)
any agreement entered into pursuant to section 560 of division D of the Consolidated and Further Continuing Appropriations Act, 2013 ( Public Law 113–6) or section 559 of title V of division F of the Consolidated Appropriations Act, 2014 ( 6 U.S.C. 211 note; Public Law 113–76), as in existence on the day before December 16, 2016, and any such agreement shall continue to have full force and effect on and after such date; or
(2)
a proposal accepted for consideration by U.S. Customs and Border Protection pursuant to such section 559, as in existence on the day before December 16, 2016.
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6 - 1 - 8 - 7 - 4 Definitions
(1)Donor
The term “donor” means any entity that is proposing to make a donation under this chapter.
(2)EntityThe term “ entity” means any—
(B)
partnership, corporation, trust, estate, cooperative, association, or any other organized group of persons;
(D)
any other private or governmental entity.
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6 - 1 - 9 NATIONAL EMERGENCY MANAGEMENT (§§ 311 to 321q)
6 - 1 - 9 - 1 Definitions
In this subchapter—
(2)
the term “ Agency” means the Federal Emergency Management Agency;
(3)
the term “ catastrophic incident” means any natural disaster, act of terrorism,or other man-made disaster that results in extraordinary levels of casualties or damage or disruption severely affecting the population (including mass evacuations), infrastructure, environment, economy, national morale, or government functions in an area;
(4)
the terms “ credentialed” and “ credentialing” mean having provided, or providing, respectively, documentation that identifies personnel and authenticates and verifies the qualifications of such personnel by ensuring that such personnel possess a minimum common level of training, experience, physical and medical fitness, and capability appropriate for a particular position in accordance with standards created under section 320 of this title;
(11)
the term “ resources” means personnel and major items of equipment, supplies, and facilities available or potentially available for responding to a natural disaster, act of terrorism, or other man-made disaster;
(12)
the term “ surge capacity” means the ability to rapidly and substantially increase the provision of search and rescue capabilities, food, water, medicine, shelter and housing, medical care, evacuation capacity, staffing (including disaster assistance employees), and other resources necessary to save lives and protect property during a catastrophic incident;
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( Pub. L. 107–296, title V, § 501, as added Pub. L. 109–295, title VI, § 611(10), Oct. 4, 2006, 120 Stat. 1395; amended Pub. L. 110–53, title IV, § 401(a), title V, § 502(c)(1), Aug. 3, 2007, 121 Stat. 301, 311; Pub. L. 114–328, div. A, title XIX, § 1913(b)(2), Dec. 23, 2016, 130 Stat. 2687.) |
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6 - 1 - 9 - 2 Definition
In this subchapter, the term “Nuclear Incident Response Team” means a resource that includes—
(1)
those entities of the Department of Energy that perform nuclear or radiological emergency support functions (including accident response, search response, advisory, and technical operations functions), radiation exposure functions at the medical assistance facility known as the Radiation Emergency Assistance Center/Training Site (REAC/TS), radiological assistance functions, and related functions; and
(2)
those entities of the Environmental Protection Agency that perform such support functions (including radiological emergency response functions) and related functions.
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( Pub. L. 107–296, title V, § 502, formerly § 506, Nov. 25, 2002, 116 Stat. 2214; renumbered § 502, Pub. L. 109–295, title VI, § 611(9), Oct. 4, 2006, 120 Stat. 1395.) |
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6 - 1 - 9 - 3 Federal Emergency Management Agency
(b)Mission
(1)Primary mission
The primary mission of the Agency is to reduce the loss of life and property and protect the Nation from all hazards, including natural disasters, acts ofterrorism, and other man-made disasters, by leading and supporting the Nation in a risk-based, comprehensive emergency management system of preparedness, protection, response, recovery, and mitigation.
(2)Specific activitiesIn support of the primary mission of the Agency, the Administrator shall—
(A)
lead the Nation’s efforts to prepare for, protect against, respond to, recover from, and mitigate against the risk of natural disasters, acts of terrorism, and other man-made disasters, including catastrophic incidents;
(C)
develop a Federal response capability that, when necessary and appropriate, can act effectively and rapidly to deliver assistance essential to saving lives or protecting or preserving property or public health and safety in a natural disaster, act of terrorism, or other man-made disaster;
(D)
integrate the Agency’s emergency preparedness, protection, response, recovery, and mitigation responsibilities to confront effectively the challenges of a natural disaster, act of terrorism, or other man-made disaster;
(F)
under the leadership of the Secretary, coordinate with the Commandant of the Coast Guard, the Director of Customs and Border Protection, the Director of Immigration and Customs Enforcement, the National Operations Center, and other agencies and offices in the Department to take full advantage of the substantial range of resources in the Department;
(G)
provide funding, training, exercises, technical assistance, planning, and other assistance to build tribal, local, State, regional, and national capabilities (including communications capabilities), necessary to respond to a natural disaster, act of terrorism, or other man-made disaster; and
(H)
develop and coordinate the implementation of a risk-based, all-hazards strategy for preparedness that builds those common capabilities necessary to respond to natural disasters, acts of terrorism, and other man-made disasters while also building the unique capabilities necessary to respond to specific types of incidents that pose the greatest risk to our Nation.
(I)
identify, integrate, and implement the needs of children, including children within under-served communities, into activities to prepare for, protect against, respond to, recover from, and mitigate against the risk of natural disasters, acts of terrorism, and other disasters, including catastrophic incidents, including by appointing a technical expert, who may consult with relevant outside organizations and experts, as necessary, to coordinate such integration, as necessary.
(c)Administrator
(1)In general
The Administrator shall be appointed by the President, by and with the advice and consent of the Senate.
(2)QualificationsThe Administrator shall be appointed from among individuals who have—
(A)
a demonstrated ability in and knowledge of emergency management and homeland security; and
(B)
not less than 5 years of executive leadership and management experience in the public or private sector.
(4)Principal advisor on emergency management
(B)Advice and recommendations
(i)In general
In presenting advice with respect to any matter to the President, the Homeland Security Council, or the Secretary, the Administrator shall, as the Administrator considers appropriate, inform the President, theHomeland Security Council, or the Secretary, as the case may be, of the range of emergency preparedness, protection, response, recovery, and mitigation options with respect to that matter.
(ii)Advice on request
The Administrator, as the principal advisor on emergency management, shall provide advice to the President, the Homeland Security Council, or the Secretary on a particular matter when the President, the Homeland Security Council, or the Secretary requests such advice.
(iii)Recommendations to Congress
(5)Cabinet status
(A)In general
The President may designate the Administrator to serve as a member of the Cabinet in the event of natural disasters, acts of terrorism, or other man-made disasters.
(B)Retention of authority
Nothing in this paragraph shall be construed as affecting the authority of the Secretary under this chapter.
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( Pub. L. 107–296, title V, § 503, as added Pub. L. 109–295, title VI, § 611(11), Oct. 4, 2006, 120 Stat. 1396; amended Pub. L. 117–130, § 3, June 6, 2022, 136 Stat. 1229.) |
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6 - 1 - 9 - 4 Authority and responsibilities
(a)
(1)In order to promote part-time career employment opportunities in all grade levels, the head of each agency, by regulation, shall establish and maintain a program for part-time career employment within such agency.Such regulations shall provide for—
(A)
the review of positions which, after such positions become vacant, may be filled on a part-time career employment basis (including the establishment of criteria to be used in identifying such positions);
(C)
annual goals for establishing or converting positions for part-time career employment, and a timetable setting forth interim and final deadlines for achieving such goals;
(E)
procedures for notifying the public of vacant part-time positions in such agency, utilizing facilities and funds otherwise available to such agency for the dissemination of information.
(2)
The head of each agency shall provide for communication between, and coordination of the activities of, the individuals within such agency whose responsibilities relate to the part-time career employment program established within that agency.
(3)
Regulations established under paragraph (1) of this subsection may provide for such exceptions as may be necessary to carry out the mission of the agency.
(b)
(1)
The Office of Personnel Management, by regulation, shall establish and maintain a program under which it shall, on the request of an agency, advise and assist such agency in the establishment and maintenance of its part-time career employment program under this chapter.
(2)The Office shall conduct a research and demonstration program with respect to part-time career employment within the Federal Government. In particular, such program shall be directed to—
(A)
determining the extent to which part-time career employment may be used in filling positions which have not traditionally been open for such employment on any extensive basis, such as supervisory, managerial, and professional positions;
(B)
determining the extent to which job-sharing arrangements may be established for various occupations and positions; and
(C)
evaluating attitudes, benefits, costs, efficiency, and productivity associated with part-time career employment, as well as its various sociological effects as a mode of employment.
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(Added Pub. L. 95–437, § 3(a), Oct. 10, 1978, 92 Stat. 1056, § 3392; renumbered § 3402 and amended Pub. L. 95–454, title IX, § 906(c)(1)(B), (2)(B), Oct. 13, 1978, 92 Stat. 1226.) |
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6 - 1 - 9 - 5 FEMA programs
Notwithstanding any other provision of Federal law, as of April 1, 2007, the Director of the Federal Emergency Management Agency shall be responsible for the radiological emergency preparedness program and the chemical stockpile emergency preparedness program.
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6 - 1 - 9 - 6 Functions transferred
(a)In generalExcept as provided in subsection (b), there are transferred to the Agency the following:
(1)
All functions of the Federal Emergency Management Agency, including existing responsibilities for emergency alert systems and continuity of operations and continuity of government plans and programs as constituted on June 1, 2006, including all of its personnel, assets, components, authorities, grant programs, and liabilities, and including the functions of the Under Secretary for Federal Emergency Management relating thereto.
(2)
The Directorate of Preparedness, as constituted on June 1, 2006, including all of its functions, personnel, assets, components, authorities, grant programs, and liabilities, and including the functions of the Under Secretary for Preparedness relating thereto.
(b)ExceptionsThe following within the Preparedness Directorate shall not be transferred:
(1)
The Office of Infrastructure Protection.
(2)
The National Communications System.
(3)
The National Cybersecurity Division.
(4)
The functions, personnel, assets, components, authorities, and liabilities of each component described under paragraphs (1) through (3).
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( Pub. L. 107–296, title V, § 505, as added Pub. L. 109–295, title VI, § 611(13), Oct. 4, 2006, 120 Stat. 1400; amended Pub. L. 115–387, § 2(f)(4), Dec. 21, 2018, 132 Stat. 5168.) |
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6 - 1 - 9 - 7 Preserving the Federal Emergency Management Agency
(c)Prohibition on changes to missions
(1)In general
The Secretary may not substantially or significantly reduce, including through a Joint Task Force established under section 348 of this title, the authorities, responsibilities, or functions of the Agency or the capability of the Agency to perform those missions, authorities, responsibilities,[1] except as otherwise specifically provided in an Act enacted after October 4, 2006.
(2)Certain transfers prohibited
No asset, function, or mission of the Agency may be diverted to the principal and continuing use of any other organization, unit, or entity of theDepartment, including a Joint Task Force established under section 348 of this title, except for details or assignments that do not reduce the capability of theAgency to perform its missions.
(d)Reprogramming and transfer of funds
In reprogramming or transferring funds, the Secretary shall comply with any applicable provisions of any Act making appropriations for the Department for fiscal year 2007, or any succeeding fiscal year, relating to the reprogramming or transfer of funds.
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( Pub. L. 107–296, title V, § 506, as added Pub. L. 109–295, title VI, § 611(13), Oct. 4, 2006, 120 Stat. 1400; amended Pub. L. 114–328, div. A, title XIX, § 1901(d)(1), Dec. 23, 2016, 130 Stat. 2670.) |
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6 - 1 - 9 - 8 Regional offices
(b)Management of regional offices
(1)Regional Administrator
(2)Qualifications
(A)In general
Each Regional Administrator shall be appointed from among individuals who have a demonstrated ability in and knowledge of emergency management and homeland security.
(c)Responsibilities
(2)ResponsibilitiesThe responsibilities of a Regional Administrator include—
(A)
ensuring effective, coordinated, and integrated regional preparedness, protection, response, recovery, and mitigation activities and programs for natural disasters, acts of terrorism, and other man-made disasters (including planning, training, exercises, and professional development);
(B)
assisting in the development of regional capabilities needed for a national catastrophic response system;
(C)
coordinating the establishment of effective regional operable and interoperable emergency communications capabilities;
(D)
staffing and overseeing 1 or more strike teams within the region under subsection (f), to serve as the focal point of the Federal Government’s initial response efforts for natural disasters, acts of terrorism, and other man-made disasters within that region, and otherwise building Federal response capabilities to respond to natural disasters, acts of terrorism, and other man-made disasters within that region;
(E)
designating an individual responsible for the development of strategic and operational regional plans in support of the National Response Plan;
(F)
fostering the development of mutual aid and other cooperative agreements;
(G)
identifying critical gaps in regional capabilities to respond to populations with special needs;
(H)
maintaining and operating a Regional Response Coordination Center or its successor;
(I)
coordinating with the private sector to help ensure private sector preparedness for natural disasters, acts of terrorism, and other man-made disasters;
(J)
assisting State, local, and tribal governments, where appropriate, to preidentify and evaluate suitable sites where a multijurisdictional incident command system may quickly be established and operated from, if the need for such a system arises; and
(K)
performing such other duties relating to such responsibilities as the Administrator may require.
(3)Training and exercise requirements
(d)Area offices
(1)In general
There is an Area Office for the Pacific and an Area Office for the Caribbean, as components in the appropriate Regional Offices.
(e)Regional Advisory Council
(2)Nominations
A State, local, or tribal government located within the geographic area served by the Regional Office may nominate officials, including Adjutants General and emergency managers, to serve as members of the Regional Advisory Council for that region.
(3)ResponsibilitiesEach Regional Advisory Council shall—
(B)
identify any geographic, demographic, or other characteristics peculiar to any State, local, or tribal government within the region that might make preparedness, protection, response, recovery, or mitigation more complicated or difficult; and
(C)
advise the Regional Administrator of any weaknesses or deficiencies in preparedness, protection, response, recovery, and mitigation for any State,local, and tribal government within the region of which the Regional Advisory Council is aware.
(f)Regional Office strike teams
(1)In generalIn coordination with other relevant Federal agencies, each Regional Administrator shall oversee multi -agency strike teams authorized under section 5144 of title 42 that shall consist of—
(C)
public affairs, response and recovery, and communications support personnel;
(D)
a defense coordinating officer;
(E)
liaisons to other Federal agencies;
(2)Other duties
The duties of an individual assigned to a Regional Office strike team from another relevant agency when such individual is not functioning as a member of the strike team shall be consistent with the emergency preparedness activities of the agency that employs such individual.
(3)Location of members
The members of each Regional Office strike team, including representatives from agencies other than the Department, shall be based primarily within the region that corresponds to that strike team.
(4)Coordination
Each Regional Office strike team shall coordinate the training and exercises of that strike team with the State, local, and tribal governments and private sector and nongovernmental entities which the strike team shall support when a natural disaster, act of terrorism, or other man-made disaster occurs.
(5)Preparedness
Each Regional Office strike team shall be trained as a unit on a regular basis and equipped and staffed to be well prepared to respond to natural disasters, acts of terrorism, and other man-made disasters, including catastrophic incidents.
(6)Authorities
If the Administrator determines that statutory authority is inadequate for the preparedness and deployment of individuals in strike teams under this subsection, the Administrator shall report to Congress regarding the additional statutory authorities that the Administrator determines are necessary.
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( Pub. L. 107–296, title V, § 507, as added Pub. L. 109–295, title VI, § 611(13), Oct. 4, 2006, 120 Stat. 1401; amended Pub. L. 110–53, title IV, § 404, Aug. 3, 2007, 121 Stat. 303.) |
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6 - 1 - 9 - 9 National Advisory Council
(a)Establishment
Not later than 60 days after October 4, 2006, the Secretary shall establish an advisory body under section 451(a) of this title to ensure effective and ongoing coordination of Federal preparedness, protection, response, recovery, and mitigation for natural disasters, acts of terrorism, and other man-made disasters, to be known as the National Advisory Council.
(b)Responsibilities
(2)Consultation on grants
To ensure input from and coordination with State, local, and tribal governments and emergency response providers, the Administrator shall regularly consult and work with the National Advisory Council on the administration and assessment of grant programs administered by theDepartment, including with respect to the development of program guidance and the development and evaluation of risk-assessment methodologies, as appropriate.
(c)Membership
(1)In generalThe members of the National Advisory Council shall be appointed by the Administrator, and shall, to the extent practicable, represent a geographic (including urban and rural) and substantive cross section of officials, emergency managers, and emergency response providers from State,local, and tribal governments, the private sector, and nongovernmental organizations, including as appropriate—
(A)
members selected from the emergency management field and emergency response providers, including fire service, law enforcement, hazardous materials response, emergency medical services, and emergency management personnel, or organizations representing such individuals;
(B)
health scientists, emergency and inpatient medical providers, and public health professionals;
(C)
experts from Federal, State, local, and tribal governments, and the private sector, representing standards-setting and accrediting organizations, including representatives from the voluntary consensus codes and standards development community, particularly those with expertise in the emergency preparedness and response field;
(D)
State, local, and tribal government officials with expertise in preparedness, protection, response, recovery, and mitigation, including Adjutants General;
(F)
experts in public and private sector infrastructure protection, cybersecurity, and communications;
(G)
representatives of individuals with disabilities and other populations with special needs; and
(H)
such other individuals as the Administrator determines to be appropriate.
(2)Coordination with the Departments of Health and Human Services and Transportation
In the selection of members of the National Advisory Council who are health or emergency medical services professionals, the Administrator shall work with the Secretary of Health and Human Services and the Secretary of Transportation.
(3)Ex officio members
The Administrator shall designate 1 or more officers of the Federal Government to serve as ex officio members of the National Advisory Council.
(4)Terms of office
(A)In general
Except as provided in subparagraph (B), the term of office of each member of the National Advisory Council shall be 3 years.
(B)Initial appointmentsOf the members initially appointed to the National Advisory Council—
(i)
one-third shall be appointed for a term of 1 year; and
(ii)
one-third shall be appointed for a term of 2 years.
(d)RESPONSE Subcommittee
(1)Establishment
Not later than 30 days after December 16, 2016, the Administrator shall establish, as a subcommittee of the National Advisory Council, the Railroad Emergency Services Preparedness, Operational Needs, and Safety Evaluation Subcommittee (referred to in this subsection as the “RESPONSE Subcommittee”).
(2)MembershipNotwithstanding subsection (c), the RESPONSE Subcommittee shall be composed of the following:
(A)
The Deputy Administrator, Protection and National Preparedness of the Federal Emergency Management Agency, or designee.
(B)
The Chief Safety Officer of the Pipeline and Hazardous Materials Safety Administration, or designee.
(C)
The Associate Administrator for Hazardous Materials Safety of the Pipeline and Hazardous Materials Safety Administration, or designee.
(D)
The Assistant Director for Emergency Communications, or designee.
(E)
The Director for the Office of Railroad, Pipeline and Hazardous Materials Investigations of the National Transportation Safety Board, or designee.
(F)
The Chief Safety Officer and Associate Administrator for Railroad Safetyof the Federal Railroad Administration, or designee.
(G)
The Assistant Administrator for Security Policy and Industry Engagement of the Transportation Security Administration, or designee.
(H)
The Assistant Commandant for Response Policy of the Coast Guard, or designee.
(I)
The Assistant Administrator for the Office of Solid Waste and Emergency Response of the Environmental Protection Agency, or designee.
(J)Such other qualified individuals as the co-chairpersons shall jointly appoint as soon as practicable after December 16, 2016, from among the following:
(i)Members of the National Advisory Council that have the requisite technical knowledge and expertise to address rail emergency response issues, including members from the following disciplines:
(I)
Emergency management and emergency response providers, including fire service, law enforcement, hazardous materials response, and emergency medical services.
(ii)Individuals who have the requisite technical knowledge and expertise to serve on the RESPONSE Subcommittee, including at least 1 representative from each of the following:
(III)
Persons who offer oil for transportation by rail.
(IV)
The communications industry.
(VI)
Emergency response training providers.
(VII)
Representatives from tribal organizations.
(VIII)
Technical experts.
(IX)
Vendors, developers, and manufacturers of systems, facilities, equipment, and capabilities for emergency responder services.
(iii)
Representatives of such other stakeholders and interested and affected parties as the co-chairpersons consider appropriate.
(3)Co-chairpersons
The members described in subparagraphs (A) and (B) of paragraph (2) shall serve as the co-chairpersons of the RESPONSE Subcommittee.
(4)Initial meeting
The initial meeting of the RESPONSE Subcommittee shall take place not later than 90 days after December 16, 2016.
(5)Consultation with nonmembers
The RESPONSE Subcommittee and the program offices for emergency responder training and resources shall consult with other relevant agencies and groups, including entities engaged in federally funded research and academic institutions engaged in relevant work and research, which are not represented on the RESPONSE Subcommittee to consider new and developing technologies and methods that may be beneficial to preparedness and response to rail hazardous materials incidents.
(6)RecommendationsThe RESPONSE Subcommittee shall develop recommendations, as appropriate, for improving emergency responder training and resource allocation for hazardous materials incidents involving railroads after evaluating the following topics:
(A)The quality and application of training for State and local emergency responders related to rail hazardous materials incidents, including training for emergency responders serving small communities near railroads, including the following:
(i)Ease of access to relevant training for State and local emergency responders, including an analysis of—
(I)
the number of individuals being trained;
(II)
the number of individuals who are applying;
(III)
whether current demand is being met;
(IV)
current challenges; and
(ii)
Modernization of training course content related to rail hazardous materials incidents, with a particular focus on fluctuations in oil shipments by rail, including regular and ongoing evaluation of course opportunities, adaptation to emerging trends, agency and private sector outreach, effectiveness and ease of access for State and local emergency responders.
(iii)
Identification of overlap in training content and identification of opportunities to develop complementary courses and materials among governmental and nongovernmental entities.
(iv)
Online training platforms, train-the-trainer, and mobile training options.
(B)The availability and effectiveness of Federal, State, local, and nongovernmental funding levels related to training emergency responders for rail hazardous materials incidents, including emergency responders serving small communities near railroads, including—
(i)
identifying overlap in resource allocations;
(ii)
identifying cost savings measures that can be implemented to increase training opportunities;
(iii)
leveraging government funding with nongovernmental funding to enhance training opportunities and fill existing training gaps;
(iv)
adaptation of priority settings for agency funding allocations in response to emerging trends;
(v)
historic levels of funding across Federal agencies for rail hazardous materials incident response and training, including funding provided by the private sector to public entities or in conjunction with Federal programs; and
(C)
The strategy for integrating commodity flow studies, mapping, and rail and hazardous materials databases for State and local emergency responders and increasing the rate of access to the individual responder in existing or emerging communications technology.
(7)Report
(A)In generalNot later than 1 year after December 16, 2016, the RESPONSE Subcommittee shall submit a report to the National Advisory Council that—
(i)
includes the recommendations developed under paragraph (6);
(ii)
specifies the timeframes for implementing any such recommendations that do not require congressional action; and
(iii)
identifies any such recommendations that do require congressional action.
(B)Review
Not later than 30 days after receiving the report under subparagraph (A), the National Advisory Council shall begin a review of the report. The National Advisory Council may ask for additional clarification, changes, or other information from the RESPONSE Subcommittee to assist in the approval of the recommendations.
(C)RecommendationOnce the National Advisory Council approves the recommendations of the RESPONSE Subcommittee, the National Advisory Council shall submit the report to—
(i)
the co-chairpersons of the RESPONSE Subcommittee;
(ii)
the head of each other agency represented on the RESPONSE Subcommittee;
(iii)
the Committee on Homeland Security and Governmental Affairs of the Senate;
(iv)
the Committee on Commerce, Science, and Transportation of the Senate;
(v)
the Committee on Homeland Security of the House of Representatives; and
(vi)
the Committee on Transportation and Infrastructure of the House of Representatives.
(8)Interim activity
(A)Updates and oversightAfter the submission of the report by the National Advisory Council under paragraph (7), the Administrator shall—
(i)
provide annual updates to the congressional committees referred to in paragraph (7)(C) regarding the status of the implementation of the recommendations developed under paragraph (6); and
(ii)
coordinate the implementation of the recommendations described in paragraph (6)(G)(i), as appropriate.
(B)Sunset
The requirements of subparagraph (A) shall terminate on the date that is 2 years after the date of the submission of the report required under paragraph (7)(A).
(9)Termination
The RESPONSE Subcommittee shall terminate not later than 90 days after the submission of the report required under paragraph (7)(C).
(e)Applicability of chapter 10 of title 5
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( Pub. L. 107–296, title V, § 508, as added Pub. L. 109–295, title VI, § 611(13), Oct. 4, 2006, 120 Stat. 1403; amended Pub. L. 110–53, title I, § 102(a), Aug. 3, 2007, 121 Stat. 293; Pub. L. 114–321, § 2, Dec. 16, 2016, 130 Stat. 1623; Pub. L. 115–278, § 2(g)(4)(A), Nov. 16, 2018, 132 Stat. 4178; Pub. L. 117–286, § 4(a)(15), Dec. 27, 2022, 136 Stat. 4306.) |
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6 - 1 - 9 - 10 National Integration Center
(a)In general
There is established in the Agency a National Integration Center.
(b)Responsibilities
(2)Specific responsibilitiesThe National Integration Center shall periodically review, and revise as appropriate, the National Incident Management System and the National Response Plan, including—
(A)
establishing, in consultation with the Director of the Corporation for National and Community Service, a process to better use volunteers and donations;
(c)Incident management
(1)In general
(A)National Response Plan
(2)Principal Federal Official; Joint Task ForceThe Principal Federal Official (or the successor thereto) or Director of a Joint Task Force established under section 348 of this title shall not—
(A)
direct or replace the incident command structure established at the incident; or
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( Pub. L. 107–296, title V, § 509, as added Pub. L. 109–295, title VI, § 611(13), Oct. 4, 2006, 120 Stat. 1405; amended Pub. L. 114–328, div. A, title XIX, § 1901(d)(2), Dec. 23, 2016, 130 Stat. 2670.) |
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6 - 1 - 9 - 11 Credentialing and typing
(a)In general
The Administrator shall enter into a memorandum of understanding with the administrators of the Emergency Management Assistance Compact, State, local, and tribal governments, and organizations that represent emergency response providers, to collaborate on developing standards for deployment capabilities, including for credentialing and typing of incident management personnel,emergency response providers, and other personnel (including temporarypersonnel) and resources likely needed to respond to natural disasters, acts ofterrorism, and other man-made disasters.
(b)Distribution
(1)In generalNot later than 1 year after August 3, 2007, the Administrator shall provide the standards developed under subsection (a), including detailed written guidance, to—
(c)Credentialing and typing of personnel
(d)Consultation on health care standards
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( Pub. L. 107–296, title V, § 510, as added Pub. L. 109–295, title VI, § 611(13), Oct. 4, 2006, 120 Stat. 1406; amended Pub. L. 110–53, title IV, § 408, Aug. 3, 2007, 121 Stat. 304.) |
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6 - 1 - 9 - 12 National Infrastructure Simulation and Analysis Center
(b)Authority
(2)Infrastructure modeling
(A)Particular support
The support provided under paragraph (1) shall include modeling, simulation, and analysis of the systems and assets comprising critical infrastructure, in order to enhance preparedness, protection, response, recovery, and mitigation activities.
(B)Relationship with other agencies
(C)Purpose
(i)In general
The purpose of the relationship under subparagraph (B) shall be to permit each Federal agency and department described in subparagraph (B) to take full advantage of the capabilities of the National Infrastructure Simulation and Analysis Center (particularly vulnerability and consequence analysis), consistent with its work load capacity and priorities, for real-time response to reported and projected natural disasters, acts of terrorism, and other man-made disasters.
(ii)Recipient of certain support
Modeling, simulation, and analysis provided under this subsection shall be provided to relevant Federal agencies and departments, including Federal agencies and departments with critical infrastructureresponsibilities under Homeland Security Presidential Directive 7, or any successor to such directive.
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6 - 1 - 9 - 13 Evacuation plans and exercises
(a)In generalNotwithstanding any other provision of law, and subject to subsection (d), grants made to States or local or tribal governments by the Department through the State Homeland Security Grant Program or the Urban Area Security Initiative may be used to—
(1)
establish programs for the development and maintenance of mass evacuation plans under subsection (b) in the event of a natural disaster, act of terrorism, or other man-made disaster;
(2)
prepare for the execution of such plans, including the development of evacuation routes and the purchase and stockpiling of necessary supplies and shelters; and
(3)
conduct exercises of such plans.
(b)Plan developmentIn developing the mass evacuation plans authorized under subsection (a), each State, local, or tribal government shall, to the maximum extent practicable—
(1)
establish incident command and decision making processes;
(2)
ensure that State, local, and tribal government plans, including evacuation routes, are coordinated and integrated;
(3)
identify primary and alternative evacuation routes and methods to increase evacuation capabilities along such routes such as conversion of two-way traffic to one-way evacuation routes;
(4)
identify evacuation transportation modes and capabilities, including the use of mass and public transit capabilities, and coordinating and integrating evacuation plans for all populations including for those individuals located in hospitals, nursing homes, and other institutional living facilities;
(5)develop procedures for informing the public of evacuation plans before and during an evacuation, including individuals—
(A)
with disabilities or other special needs, including the elderly;
(B)
with limited English proficiency; or
(C)
who might otherwise have difficulty in obtaining such information; and
(6)
identify shelter locations and capabilities.
(c)Assistance
(1)In general
The Administrator may establish any guidelines, standards, or requirements determined appropriate to administer this section and to ensure effective mass evacuation planning for State, local, and tribal areas.
(2)Requested assistance
The Administrator shall make assistance available upon request of a State,local, or tribal government to assist hospitals, nursing homes, and other institutions that house individuals with special needs to establish, maintain, and exercise mass evacuation plans that are coordinated and integrated into the plans developed by that State, local, or tribal government under this section.
(d)Multipurpose funds
Nothing in this section may be construed to preclude a State, local, or tribal government from using grant funds in a manner that enhances preparedness for a natural or man-made disaster unrelated to an act of terrorism, if such use assists such government in building capabilities for terrorism preparedness.
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( Pub. L. 107–296, title V, § 512, as added Pub. L. 109–295, title VI, § 611(13), Oct. 4, 2006, 120 Stat. 1407; amended Pub. L. 110–53, title I, § 102(b), Aug. 3, 2007, 121 Stat. 293.) |
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6 - 1 - 9 - 14 Disability Coordinator
(a)In general
After consultation with organizations representing individuals with disabilities, the National Council on Disabilities, and the Interagency Coordinating Council on Preparedness and Individuals with Disabilities, established under Executive Order No. 13347, the Administrator shall appoint a Disability Coordinator. The Disability Coordinator shall report directly to the Administrator, in order to ensure that the needs of individuals with disabilities are being properly addressed in emergency preparedness and disaster relief.
(b)ResponsibilitiesThe Disability Coordinator shall be responsible for—
(1)
providing guidance and coordination on matters related to individuals with disabilities in emergency planning requirements and relief efforts in the event of a natural disaster, act of terrorism, or other man-made disaster;
(2)
interacting with the staff of the Agency, the National Council on Disabilities, the Interagency Coordinating Council on Preparedness and Individuals with Disabilities established under Executive Order No. 13347, other agencies of the Federal Government, and State, local, and tribal government authorities regarding the needs of individuals with disabilities in emergency planning requirements and relief efforts in the event of a natural disaster, act of terrorism, or other man-made disaster;
(3)
consulting with organizations that represent the interests and rights of individuals with disabilities about the needs of individuals with disabilities in emergency planning requirements and relief efforts in the event of a natural disaster, act of terrorism, or other man-made disaster;
(4)
ensuring the coordination and dissemination of best practices and model evacuation plans for individuals with disabilities;
(6)
promoting the accessibility of telephone hotlines and websites regarding emergency preparedness, evacuations, and disaster relief;
(7)
working to ensure that video programming distributors, including broadcasters, cable operators, and satellite television services, make emergency information accessible to individuals with hearing and vision disabilities;
(8)
ensuring the availability of accessible transportation options for individuals with disabilities in the event of an evacuation;
(9)
providing guidance and implementing policies to ensure that the rights and wishes of individuals with disabilities regarding post-evacuation residency and relocation are respected;
(10)
ensuring that meeting the needs of individuals with disabilities are included in the components of the national preparedness system established under section 744 of this title; and
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6 - 1 - 9 - 15 Department and Agency officials
(a)Deputy Administrators
The President may appoint, by and with the advice and consent of the Senate, not more than 4 Deputy Administrators to assist the Administrator in carrying out this subchapter.
(b)United States Fire Administration
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( Pub. L. 107–296, title V, § 514, as added Pub. L. 109–295, title VI, § 611(13), Oct. 4, 2006, 120 Stat. 1409; amended Pub. L. 115–278, § 2(g)(4)(B), Nov. 16, 2018, 132 Stat. 4178.) |
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6 - 1 - 9 - 16 National Operations Center
(a)Definition
In this section, the term “situational awareness” means information gathered from a variety of sources that, when communicated to emergency managers, decision makers, and other appropriate officials, can form the basis for incident management decisionmaking and steady-state activity.
(b)EstablishmentThe National Operations Center is the principal operations center for the Department and shall—
(1)
provide situational awareness and a common operating picture for the entire Federal Government, and for State, local, tribal, and territorial governments, the private sector, and international partners as appropriate, for events, threats, and incidents involving a natural disaster, act of terrorism, or other man-made disaster;
(2)
ensure that critical terrorism and disaster-related information reaches government decision-makers; and
(3)
enter into agreements with other Federal operations centers and other homeland security partners, as appropriate, to facilitate the sharing of information.
(c)State and local emergency responder representation
(1)Establishment of positions
The Secretary shall establish a position, on a rotating basis, for a representative of State and local emergency responders at the National Operations Center established under subsection (b) to ensure the effective sharing of information between the Federal Government and State and local emergency response services.
(2)Management
The Secretary shall manage the position established pursuant to paragraph (1) in accordance with such rules, regulations, and practices as govern other similar rotating positions at the National Operations Center.
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( Pub. L. 107–296, title V, § 515, as added Pub. L. 109–295, title VI, § 611(13), Oct. 4, 2006, 120 Stat. 1409; amended Pub. L. 110–376, § 8, Oct. 8, 2008, 122 Stat. 4060; Pub. L. 114–328, div. A, title XIX, § 1909, Dec. 23, 2016, 130 Stat. 2681.) |
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6 - 1 - 9 - 18 Nuclear incident response
(a)In general
At the direction of the Secretary (in connection with an actual or threatened terrorist attack, major disaster, or other emergency in the United States), the Nuclear Incident Response Team shall operate as an organizational unit of theDepartment. While so operating, the Nuclear Incident Response Team shall be subject to the direction, authority, and control of the Secretary.
(b)Rule of construction
Nothing in this subchapter shall be construed to limit the ordinary responsibility of the Secretary of Energy and the Administrator of the Environmental Protection Agency for organizing, training, equipping, and utilizing their respective entities in the Nuclear Incident Response Team, or (subject to the provisions of this subchapter) from exercising direction, authority, and control over them when they are not operating as a unit of the Department.
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( Pub. L. 107–296, title V, § 517, formerly § 504, Nov. 25, 2002, 116 Stat. 2213; renumbered § 517, Pub. L. 109–295, title VI, § 611(6), Oct. 4, 2006, 120 Stat. 1395.) |
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6 - 1 - 9 - 19 Conduct of certain public health-related activities
(a)In general
With respect to all public health-related activities to improve State, local, and hospital preparedness and response to chemical, biological, radiological, and nuclear and other emerging terrorist threats carried out by the Department of Health and Human Services (including the Public Health Service), the Secretary of Health and Human Services shall set priorities and preparedness goals and further develop a coordinated strategy for such activities in collaboration with theSecretary.
(b)Evaluation of progress
In carrying out subsection (a), the Secretary of Health and Human Services shall collaborate with the Secretary in developing specific benchmarks and outcome measurements for evaluating progress toward achieving the priorities and goals described in such subsection.
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( Pub. L. 107–296, title V, § 518, formerly § 505, Nov. 25, 2002, 116 Stat. 2213; renumbered § 518, Pub. L. 109–295, title VI, § 611(6), Oct. 4, 2006, 120 Stat. 1395.) |
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6 - 1 - 9 - 20 Use of national private sector networks in emergency response
To the maximum extent practicable, the Secretary shall use national private sector networks and infrastructure for emergency response to chemical, biological, radiological, nuclear, or explosive disasters, and other major disasters.
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( Pub. L. 107–296, title V, § 519, formerly § 508, Nov. 25, 2002, 116 Stat. 2215; renumbered § 519, Pub. L. 109–295, title VI, § 611(6), Oct. 4, 2006, 120 Stat. 1395.) |
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6 - 1 - 9 - 21 Use of commercially available technology, goods, and services
It is the sense of Congress that—
(1)
the Secretary should, to the maximum extent possible, use off-the-shelf commercially developed technologies to ensure that the Department’s information technology systems allow the Department to collect, manage, share, analyze, and disseminate information securely over multiple channels of communication; and
(2)
in order to further the policy of the United States to avoid competing commercially with the private sector, the Secretary should rely on commercial sources to supply the goods and services needed by the Department.
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( Pub. L. 107–296, title V, § 520, formerly § 509, Nov. 25, 2002, 116 Stat. 2215; renumbered § 520, Pub. L. 109–295, title VI, § 611(6), Oct. 4, 2006, 120 Stat. 1395.) |
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6 - 1 - 9 - 22 Procurement of security countermeasures for Strategic National Stockpile
(a)Authorization of appropriations
For the procurement of security countermeasures under section 247d–6b(c) of title 42 (referred to in this section as the “security countermeasures program”), there is authorized to be appropriated up to $5,593,000,000 for the fiscal years 2004 through 2013. Of the amounts appropriated under the preceding sentence, not to exceed $3,418,000,000 may be obligated during the fiscal years 2004 through 2008, of which not to exceed $890,000,000 may be obligated during fiscal year 2004. None of the funds made available under this subsection shall be used to procure countermeasures to diagnose, mitigate, prevent, or treat harm resulting from any naturally occurring infectious disease or other public health threat that are not security countermeasures under section 247d–6b(c)(1)(B) of title 42.[1]
(b)Special reserve fund
For purposes of the security countermeasures program, the term “special reserve fund” means the “Biodefense Countermeasures” appropriations account or any other appropriation made under subsection (a).
(c)Availability
Amounts appropriated under subsection (a) become available for a procurement under the security countermeasures program only upon the approval by the President of such availability for the procurement in accordance with paragraph (6)(B) of such program.
(d)Related authorizations of appropriations
(1)Threat assessment capabilities
For the purpose of carrying out the responsibilities of the Secretary for terror threat assessment under the security countermeasures program, there are authorized to be appropriated such sums as may be necessary for each of the fiscal years 2004 through 2006, for the hiring of professional personnel within the Office of Intelligence and Analysis, who shall be analysts responsible for chemical, biological, radiological, and nuclear threat assessment (including but not limited to analysis of chemical, biological, radiological, and nuclear agents, the means by which such agents could be weaponized or used in a terrorist attack, and the capabilities, plans, and intentions of terrorists and other non-state actors who may have or acquire such agents). All such analysts shall meet the applicable standards and qualifications for the performance of intelligence activities promulgated by the Director of Central Intelligence pursuant to section 403–4 1 of title 50.
(2)Intelligence sharing infrastructure
For the purpose of carrying out the acquisition and deployment of secure facilities (including information technology and physical infrastructure, whether mobile and temporary, or permanent) sufficient to permit the Secretary to receive, not later than 180 days after July 21, 2004, all classified information and products to which the Under Secretary for Intelligence and Analysis is entitled under part A of subchapter II, there are authorized to be appropriated such sums as may be necessary for each of the fiscal years 2004 through 2006.
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( Pub. L. 107–296, title V, § 521, formerly § 510, as added Pub. L. 108–276, § 3(b)(2), July 21, 2004, 118 Stat. 852; renumbered § 521, Pub. L. 109–295, title VI, § 611(7), Oct. 4, 2006, 120 Stat. 1395; amended Pub. L. 109–417, title IV, § 403(c), Dec. 19, 2006, 120 Stat. 2874; Pub. L. 110–53, title V, § 531(b)(1)(D), Aug. 3, 2007, 121 Stat. 334.) |
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6 - 1 - 9 - 23 Model standards and guidelines for critical infrastructure workers
(a)In general
Not later than 12 months after August 3, 2007, and in coordination with appropriate national professional organizations, Federal, State, local, and tribal government agencies, and private-sector and nongovernmental entities, theAdministrator shall establish model standards and guidelines for credentialing critical infrastructure workers that may be used by a State to credential critical infrastructure workers that may respond to a natural disaster, act of terrorism, or other man-made disaster.
(b)Distribution and assistance
The Administrator shall provide the standards developed under subsection (a), including detailed written guidance, to State, local, and tribal governments, and provide expertise and technical assistance to aid such governments withcredentialing critical infrastructure workers that may respond to a natural disaster, act of terrorism, or other manmade disaster.
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6 - 1 - 9 - 24 Guidance and recommendations
(a)In generalConsistent with their responsibilities and authorities under law, as of the day before August 3, 2007, the Administrator and the Director of the Cybersecurity and Infrastructure Security Agency, in consultation with the private sector, may develop guidance or recommendations and identify best practices to assist or foster action by the private sector in—
(1)
identifying potential hazards and assessing risks and impacts;
(2)
mitigating the impact of a wide variety of hazards, including weapons of mass destruction;
(3)
managing necessary emergency preparedness and response resources;
(4)
developing mutual aid agreements;
(5)
developing and maintaining emergency preparedness and response plans, and associated operational procedures;
(6)
developing and conducting training and exercises to support and evaluate emergency preparedness and response plans and operational procedures;
(7)
developing and conducting training programs for security guards to implement emergency preparedness and response plans and operations procedures; and
(8)
developing procedures to respond to requests for information from the media or the public.
(b)Issuance and promotionAny guidance or recommendations developed or best practices identified under subsection (a) shall be—
(2)
promoted by the Secretary to the private sector.
(c)Small business concerns
In developing guidance or recommendations or identifying best practices under subsection (a), the Administrator and the Director of the Cybersecurity and Infrastructure Security Agency shall take into consideration small business concerns (under the meaning given that term in section 632 of title 15), including any need for separate guidance or recommendations or best practices, as necessary and appropriate.
(d)Rule of construction
Nothing in this section may be construed to supersede any requirement established under any other provision of law.
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( Pub. L. 107–296, title V, § 523, as added Pub. L. 110–53, title IX, § 901(a), Aug. 3, 2007, 121 Stat. 364; amended Pub. L. 115–278, § 2(g)(4)(C), Nov. 16, 2018, 132 Stat. 4178; Pub. L. 117–263, div. G, title LXXI, § 7143(c)(1), Dec. 23, 2022, 136 Stat. 3662.) |
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6 - 1 - 9 - 25 Voluntary private sector preparedness accreditation
and certification program
(a)Establishment
(1)In general
The Secretary, acting through the officer designated under paragraph (2), shall establish and implement the voluntary private sector preparedness accreditation and certification program in accordance with this section.
(2)Designation of officerThe Secretary shall designate an officer responsible for the accreditation and certification program under this section. Such officer (hereinafter referred to in this section as the “ designated officer”) shall be one of the following:
(A)The Administrator, based on consideration of—
(i)
the expertise of the Administrator in emergency management and preparedness in the United States; and
(ii)
the responsibilities of the Administrator as the principal advisor to the President for all matters relating to emergency management in the United States.
(B)The Assistant Secretary for Infrastructure Protection, [1] based on consideration of the expertise of the Assistant Secretary in, and responsibilities for—
(ii)
risk assessment methodologies; and
(iii)
interacting with the private sector on the issues described in clauses (i) and (ii).
(C)
The Under Secretary for Science and Technology, based on consideration of the expertise of the Under Secretary in, and responsibilities associated with, standards.
(3)CoordinationIn carrying out the accreditation and certification program under this section, the designated officer shall coordinate with—
(A)
the other officers of the Department referred to in paragraph (2), using the expertise and responsibilities of such officers; and
(B)
the Special Assistant to the Secretary for the Private Sector, based on consideration of the expertise of the Special Assistant in, and responsibilities for, interacting with the private sector.
(b)Voluntary private sector preparedness standards; voluntary accreditation and certification program for the private sector
(1)Accreditation and certification programNot later than 210 days after August 3, 2007, the designated officer shall—
(A)
begin supporting the development and updating, as necessary, of voluntary preparedness standards through appropriate organizations that coordinate or facilitate the development and use of voluntary consensus standards and voluntary consensus standards development organizations; and
(B)in consultation with representatives of appropriate organizations that coordinate or facilitate the development and use of voluntary consensus standards, appropriate voluntary consensus standards development organizations, each private sector advisory council created under section 112(f)(4) of this title, appropriate representatives of State and local governments, including emergency management officials, and appropriate private sector advisory groups, such as sector coordinating councils and information sharing and analysis centers—
(i)
develop and promote a program to certify the preparedness of private sector entities that voluntarily choose to seek certification under the program; and
(ii)
implement the program under this subsection through any entity with which the designated officer enters into an agreement under paragraph (3)(A), which shall accredit third parties to carry out the certification process under this section.
(2)Program elements
(A)In general
(ii)Guidelines
In developing the program under this subsection, the designated officer shall develop guidelines for the accreditation and certification processes established under this subsection.
(B)StandardsThe designated officer, in consultation with representatives of appropriate organizations that coordinate or facilitate the development and use of voluntary consensus standards, representatives of appropriate voluntary consensus standards development organizations, each private sector advisory council created under section 112(f)(4) of this title, appropriate representatives of State and local governments, including emergency management officials, and appropriate private sector advisory groups such as sector coordinating councils and information sharing and analysis centers—
(i)
shall adopt one or more appropriate voluntary preparedness standards that promote preparedness, which may be tailored to address the unique nature of various sectors within the private sector, as necessary and appropriate, that shall be used in the accreditation and certification program under this subsection; and
(C)Submission of recommendations
In adopting one or more standards under subparagraph (B), the designated officer may receive recommendations from any entity described in that subparagraph relating to appropriate voluntary preparedness standards, including appropriate sector specific standards, for adoption in the program.
(D)Small business concerns
The designated officer and any entity with which the designated officerenters into an agreement under paragraph (3)(A) shall establish separate classifications and methods of certification for small business concerns (under the meaning given that term in section 632 of title 15) for the program under this subsection.
(E)ConsiderationsIn developing and implementing the program under this subsection, the designated officer shall—
(i)consider the unique nature of various sectors within the private sector, including preparedness standards, business continuity standards, or best practices, established—
(I)
under any other provision of Federal law; or
(II)
by any Sector Risk Management Agency, as defined under Homeland Security Presidential Directive–7; and
(ii)coordinate the program, as appropriate, with—
(I)
other Department private sector related programs; and
(II)
preparedness and business continuity programs in other Federal agencies.
(3)Accreditation and certification processes
(A)Agreement
(i)In general
Not later than 210 days after August 3, 2007, the designated officer shall enter into one or more agreements with a highly qualified nongovernmental entity with experience or expertise in coordinating and facilitating the development and use of voluntary consensus standards and in managing or implementing accreditation and certification programs for voluntary consensus standards, or a similarly qualified private sector entity, to carry out accreditations and oversee the certification process under this subsection. An entity entering into an agreement with the designated officer under this clause (hereinafter referred to in this section as a “selected entity”) shall not perform certifications under this subsection.
(ii)Contents
A selected entity shall manage the accreditation process and oversee the certification process in accordance with the program established under this subsection and accredit qualified third parties to carry out the certification program established under this subsection.
(B)Procedures and requirements for accreditation and certification
(i)In general
Any selected entity shall collaborate to develop procedures and requirements for the accreditation and certification processes under this subsection, in accordance with the program established under this subsection and guidelines developed under paragraph (2)(A)(ii).
(ii)Contents and useThe procedures and requirements developed under clause (i) shall—
(I)
ensure reasonable uniformity in any accreditation and certification processes if there is more than one selected entity; and
(II)
be used by any selected entity in conducting accreditations and overseeing the certification process under this subsection.
(iii)Disagreement
Any disagreement among selected entities in developing procedures under clause (i) shall be resolved by the designated officer.
(C)Designation
A selected entity may accredit any qualified third party to carry out the certification process under this subsection.
(D)Disadvantaged business involvement
In accrediting qualified third parties to carry out the certification process under this subsection, a selected entity shall ensure, to the extent practicable, that the third parties include qualified small, minority, women-owned, or disadvantaged business concerns when appropriate. The term “disadvantaged business concern” means a small business that is owned and controlled by socially and economically disadvantaged individuals, as defined in section 124 of title 13, United States Code of Federal Regulations.
(E)Treatment of other certifications
At the request of any entity seeking certification, any selected entity may consider, as appropriate, other relevant certifications acquired by the entity seeking certification. If the selected entity determines that such other certifications are sufficient to meet the certification requirement or aspects of the certification requirement under this section, the selected entity may give credit to the entity seeking certification, as appropriate, to avoid unnecessarily duplicative certification requirements.
(F)Third partiesTo be accredited under subparagraph (C), a third party shall—
(i)
demonstrate that the third party has the ability to certify private sector entities in accordance with the procedures and requirements developed under subparagraph (B);
(ii)
agree to perform certifications in accordance with such procedures and requirements;
(iii)agree not to have any beneficial interest in or any direct or indirect control over—
(I)
a private sector entity for which that third party conducts a certification under this subsection; or
(II)
any organization that provides preparedness consulting services to private sector entities;
(iv)
agree not to have any other conflict of interest with respect to any private sector entity for which that third party conducts a certification under this subsection;
(v)
maintain liability insurance coverage at policy limits in accordance with the requirements developed under subparagraph (B); and
(vi)
enter into an agreement with the selected entity accrediting that third party to protect any proprietary information of a private sector entity obtained under this subsection.
(G)Monitoring
(i)In general
The designated officer and any selected entity shall regularly monitor and inspect the operations of any third party conducting certifications under this subsection to ensure that the third party is complying with the procedures and requirements established under subparagraph (B) and all other applicable requirements.
(ii)RevocationIf the designated officer or any selected entity determines that a third party is not meeting the procedures or requirements established under subparagraph (B), the selected entity shall—
(I)
revoke the accreditation of that third party to conduct certifications under this subsection; and
(II)
review any certification conducted by that third party, as necessary and appropriate.
(4)Annual review
(A)In general
The designated officer, in consultation with representatives of appropriate organizations that coordinate or facilitate the development and use of voluntary consensus standards, appropriate voluntary consensus standards development organizations, appropriate representatives ofState and local governments, including emergency management officials, and each private sector advisory council created under section 112(f)(4) of this title, shall annually review the voluntary accreditation and certification program established under this subsection to ensure the effectiveness of such program (including the operations and management of such program by any selected entity and the selected entity’s inclusion of qualifieddisadvantaged business concerns under paragraph (3)(D)) and make improvements and adjustments to the program as necessary and appropriate.
(B)Review of standards
Each review under subparagraph (A) shall include an assessment of the voluntary preparedness standard or standards used in the program under this subsection.
(5)Voluntary participation
Certification under this subsection shall be voluntary for any private sector entity.
(6)Public listing
The designated officer shall maintain and make public a listing of any private sector entity certified as being in compliance with the program established under this subsection, if that private sector entity consents to such listing.
(c)Rule of constructionNothing in this section may be construed as—
(1)a requirement to replace any preparedness, emergency response, or business continuity standards, requirements, or best practices established—
(A)
under any other provision of federal law; or
(B)
by any Sector Risk Management Agency, as those agencies are defined under Homeland Security Presidential Directive–7; or
(2)
exempting any private sector entity seeking certification or meeting certification requirements under subsection (b) from compliance with all applicable statutes, regulations, directives, policies, and industry codes of practice.
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( Pub. L. 107–296, title V, § 524, as added Pub. L. 110–53, title IX, § 901(a), Aug. 3, 2007, 121 Stat. 365; amended Pub. L. 116–283, div. H, title XC, § 9002(c)(2)(B), Jan. 1, 2021, 134 Stat. 4772.) |
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6 - 1 - 9 - 26 Acceptance of gifts
(a)Authority
The Secretary may accept and use gifts of property, both real and personal, and may accept gifts of services, including from guest lecturers, for otherwise authorized activities of the Center for Domestic Preparedness that are related to efforts to prevent, prepare for, protect against, or respond to a natural disaster, act of terrorism, or other man-made disaster, including the use of a weapon of mass destruction.
(b)ProhibitionThe Secretary may not accept a gift under this section if the Secretarydetermines that the use of the property or services would compromise the integrity or appearance of integrity of—
(2)
an individual involved in a program of the Department.
(c)Report
(1)In generalThe Secretary shall submit to the Committee on Homeland Security of the House of Representatives and the Committee on Homeland Security and Governmental Affairs of the Senate an annual report disclosing—
(A)
any gifts that were accepted under this section during the year covered by the report;
(B)
how the gifts contribute to the mission of the Center for Domestic Preparedness; and
(C)
the amount of Federal savings that were generated from the acceptance of the gifts.
(2)Publication
Each report required under paragraph (1) shall be madepublically available.
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6 - 1 - 9 - 27 Integrated public alert and warning system modernization
(a)In generalTo provide timely and effective warnings regarding natural disasters, acts of terrorism, and other man-made disasters or threats to public safety, the Administrator shall—
(1)
modernize the integrated public alert and warning system of the United States (in this section referred to as the “public alert and warning system”) to help ensure that under all conditions the President and, except to the extent the public alert and warning system is in use by the President, Federal agencies and State, tribal, and local governments can alert and warn the civilian population in areas endangered by natural disasters, acts of terrorism,and other man-made disasters or threats to public safety; and
(2)
implement the public alert and warning system to disseminate timely and effective warnings regarding natural disasters, acts of terrorism, and other man-made disasters or threats to public safety.
(b)Implementation requirementsIn carrying out subsection (a), the Administrator shall—
(1)
establish or adopt, as appropriate, common alerting and warning protocols, standards, terminology, and operating procedures for the public alert and warning system;
(2)
include in the public alert and warning system the capability to adapt the distribution and content of communications on the basis of geographic location, risks, and multiple communication systems and technologies, as appropriate and to the extent technically feasible;
(3)
include in the public alert and warning system the capability to alert, warn, and provide equivalent information to individuals with disabilities, individuals with access and functional needs, and individuals with limited-English proficiency, to the extent technically feasible;
(4)ensure that training, tests, and exercises are conducted for the public alert and warning system, including by—
(A)
incorporating the public alert and warning system into other training and exercise programs of the Department, as appropriate;
(C)
conducting, not less than once every 3 years, periodic nationwide tests of the public alert and warning system;
(5)
to the extent practicable, ensure that the public alert and warning system is resilient and secure and can withstand acts of terrorism and other external attacks;
(6)
conduct public education efforts so that State, tribal, and local governments, private entities, and the people of the United States reasonably understand the functions of the public alert and warning system and how to access, use, and respond to information from the public alert and warning system through a general market awareness campaign;
(8)
consult and coordinate with the Federal Communications Commission, taking into account rules and regulations promulgated by the Federal Communications Commission; and
(9)
coordinate with and consider the recommendations of the Integrated Public Alert and Warning System Subcommittee established under section 2(b) of the Integrated Public Alert and Warning System Modernization Act of 2015.
(c)System requirementsThe public alert and warning system shall—
(1)
to the extent determined appropriate by the Administrator, incorporate multiple communications technologies;
(2)
be designed to adapt to, and incorporate, future technologies for communicating directly with the public;
(3)to the extent technically feasible, be designed—
(A)
to provide alerts to the largest portion of the affected population feasible, including nonresident visitors and tourists, individuals with disabilities, individuals with access and functional needs, and individuals with limited-English proficiency; and
(B)
to improve the ability of remote areas to receive alerts;
(4)
promote local and regional public and private partnerships to enhance community preparedness and response;
(5)
provide redundant alert mechanisms where practicable so as to reach the greatest number of people; and
(6)
to the extent feasible, include a mechanism to ensure the protection of individual privacy.
(d)Use of system
Except to the extent necessary for testing the public alert and warning system, the public alert and warning system shall not be used to transmit a message that does not relate to a natural disaster, act of terrorism, or other man-made disaster or threat to public safety.
(e)Performance reports
(1)In generalNot later than 1 year after April 11, 2016, and annually thereafter through 2018, the Administrator shall make available on the public website of the Agency a performance report, which shall—
(A)
establish performance goals for the implementation of the public alert and warning system by the Agency;
(B)describe the performance of the public alert and warning system, including—
(i)
the type of technology used for alerts and warnings issued under the system;
(ii)
the measures taken to alert, warn, and provide equivalent information to individuals with disabilities, individuals with access and function [1] needs, and individuals with limited-English proficiency; and
(iii)
the training, tests, and exercises performed and the outcomes obtained by the Agency;
(C)
identify significant challenges to the effective operation of the public alert and warning system and any plans to address these challenges;
(D)
identify other necessary improvements to the system; and
(E)
provide an analysis comparing the performance of the public alert and warning system with the performance goals established under subparagraph (A).
(2)Congress
The Administrator shall submit to the Committee on Homeland Security and Governmental Affairs and the Committee on Commerce, Science, and Transportation of the Senate and the Committee on Transportation and Infrastructure and the Committee on Homeland Security of the House of Representatives each report required under paragraph (1).
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