§ 321o–1. Integrated public alert and warning system

• (a) In this section—
  • (1) the term “Administrator” means the Administrator of the Agency;
  • (2) the term “Agency” means the Federal Emergency Management Agency;
  • (3) the term “appropriate congressional committees” means—
    • (A) the Committee on Homeland Security and Governmental Affairs of the Senate;
    • (B) the Committee on Transportation and Infrastructure of the House of Representatives; and
    • (C) the Committee on Homeland Security of the House of Representatives;
  • (4) the term “public alert and warning system” means the integrated public alert and warning system of the United States described in section 321 o of this title;
  • (5) the term “Secretary” means the Secretary of Homeland Security; and
  • (6) 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.
• (b)
  • (1) Not later than 1 year after December 20, 2019 , the Administrator shall develop minimum requirements for State, Tribal, and local governments to participate in the public alert and warning system and that are necessary to maintain the integrity of the public alert and warning system, including—
    • (A) guidance on the categories of public emergencies and appropriate circumstances that warrant an alert and warning from State, Tribal, and local governments using the public alert and warning system;
    • (B) the procedures for State, Tribal, and local government officials to authenticate civil emergencies and initiate, modify, and cancel alerts transmitted through the public alert and warning system, including protocols and technology capabilities for—
      • (i) the initiation, or prohibition on the initiation, of alerts by a single authorized or unauthorized individual;
      • (ii) testing a State, Tribal, or local government incident management and warning tool without accidentally initiating an alert through the public alert and warning system; and
      • (iii) steps a State, Tribal, or local government official should take to mitigate the possibility of the issuance of a false alert through the public alert and warning system;
    • (C) the standardization, functionality, and interoperability of incident management and warning tools used by State, Tribal, and local governments to notify the public of an emergency through the public alert and warning system;
    • (D) the annual training and recertification of emergency management personnel on requirements for originating and transmitting an alert through the public alert and warning system;
    • (E) the procedures, protocols, and guidance concerning the protective action plans that State, Tribal, and local governments shall issue to the public following an alert issued under the public alert and warning system;
    • (F) the procedures, protocols, and guidance concerning the communications that State, Tribal, and local governments shall issue to the public following a false alert issued under the public alert and warning system;
    • (G) a plan by which State, Tribal, and local government officials may, during an emergency, contact each other as well as Federal officials and participants in the Emergency Alert System and the Wireless Emergency Alert System, when appropriate and necessary, by telephone, text message, or other means of communication regarding an alert that has been distributed to the public; and
    • (H) any other procedure the Administrator considers appropriate for maintaining the integrity of and providing for public confidence in the public alert and warning system.
  • (2) The Administrator shall ensure that the minimum requirements developed under paragraph (1) do not conflict with recommendations made for improving the public alert and warning system provided in the report submitted by the National Advisory Council under section 2(b)(7)(B) of the Integrated Public Alert and Warning System Modernization Act of 2015 ( Public Law 114–143 ; 130 Stat. 332 ).
  • (3) In developing the minimum requirements under paragraph (1), the Administrator shall ensure appropriate public consultation and, to the extent practicable, coordinate the development of the requirements with stakeholders of the public alert and warning system, including—
    • (A) appropriate personnel from Federal agencies, including the National Institute of Standards and Technology, the Agency, and the Federal Communications Commission;
    • (B) representatives of State and local governments and emergency services personnel, who shall be selected from among individuals nominated by national organizations representing those governments and personnel;
    • (C) representatives of Federally recognized Indian tribes and national Indian organizations;
    • (D) communications service providers;
    • (E) vendors, developers, and manufacturers of systems, facilities, equipment, and capabilities for the provision of communications services;
    • (F) third-party service bureaus;
    • (G) the national organization representing the licensees and permittees of noncommercial broadcast television stations;
    • (H) technical experts from the broadcasting industry;
    • (I) educators from the Emergency Management Institute; and
    • (J) other individuals with technical expertise as the Administrator determines appropriate.
  • (4) In accordance with the Federal Advisory Committee Act (5 U.S.C. App.), the Administrator may obtain advice from a single individual or non-consensus advice from each of the several members of a group without invoking that Act.
• (c)
  • (1) The Administrator shall establish a process to ensure that an incident management and warning tool used by a State, Tribal, or local government to originate and transmit an alert through the public alert and warning system meets the requirements developed by the Administrator under subsection (b)(1).
  • (2) The process required to be established under paragraph (1) shall include—
    • (A) the ability to test an incident management and warning tool in the public alert and warning system lab;
    • (B) the ability to certify that an incident management and warning tool complies with the applicable cyber frameworks of the Department of Homeland Security and the National Institute of Standards and Technology;
    • (C) a process to certify developers of emergency management software; and
    • (D) requiring developers to provide the Administrator with a copy of and rights of use for ongoing testing of each version of incident management and warning tool software before the software is first used by a State, Tribal, or local government.
• (d) The Administrator shall review the memoranda of understanding between the Agency and State, Tribal, and local governments with respect to the public alert and warning system to ensure that all agreements ensure compliance with the requirements developed by the Administrator under subsection (b)(1).
• (e) On and after the date that is 60 days after the date on which the Administrator issues the requirements developed under subsection (b)(1), any new memorandum of understanding entered into between the Agency and a State, Tribal, or local government with respect to the public alert and warning system shall comply with those requirements.
• (f)
  • (1)
    • (A) On and after the date that is 120 days after December 20, 2019 , the authority to originate an alert warning the public of a missile launch directed against a State using the public alert and warning system shall reside primarily with the Federal Government.
    • (B) The Secretary may delegate the authority described in subparagraph (A) to a State, Tribal, or local entity if, not later than 180 days after December 20, 2019 , the Secretary submits a report to the appropriate congressional committees that—
      • (i) it is not feasible for the Federal Government to alert the public of a missile threat against a State; or
      • (ii) it is not in the national security interest of the United States for the Federal Government to alert the public of a missile threat against a State.
    • (C) Upon verification of a missile threat, the President, utilizing established authorities, protocols and procedures, may activate the public alert and warning system.
    • (D) Nothing in this paragraph shall be construed to change the command and control relationship between entities of the Federal Government with respect to the identification, dissemination, notification, or alerting of information of missile threats against the United States that was in effect on the day before December 20, 2019 .
  • (2) The Secretary, acting through the Administrator, shall establish a process to promptly notify a State warning point, and any State entities that the Administrator determines appropriate, following the issuance of an alert described in paragraph (1)(A) so the State may take appropriate action to protect the health, safety, and welfare of the residents of the State.
  • (3) The Secretary, acting through the Administrator, shall work with the Governor of a State warning point to develop and implement appropriate protective action plans to respond to an alert described in paragraph (1)(A) for that State.
  • (4) Not later than 1 year after December 20, 2019 , the Secretary shall—
    • (A) examine the feasibility of establishing an alert designation under the public alert and warning system that would be used to alert and warn the public of a missile threat while concurrently alerting a State warning point so that a State may activate related protective action plans; and
    • (B) submit a report of the findings under subparagraph (A), including of the costs and timeline for taking action to implement an alert designation described in subparagraph (A), to—
      • (i) the Subcommittee on Homeland Security of the Committee on Appropriations of the Senate;
      • (ii) the Committee on Homeland Security and Governmental Affairs of the Senate;
      • (iii) the Subcommittee on Homeland Security of the Committee on Appropriations of the House of Representatives;
      • (iv) the Committee on Transportation and Infrastructure of the House of Representatives; and
      • (v) the Committee on Homeland Security of the House of Representatives.
• (g) Not later than 1 year after December 20, 2019 , the Administrator shall—
  • (1) develop a program to increase the utilization of the public alert and warning system lab of the Agency by State, Tribal, and local governments to test incident management and warning tools and train emergency management professionals on alert origination protocols and procedures; and
  • (2) submit to the appropriate congressional committees a report describing—
    • (A) the impact on utilization of the public alert and warning system lab by State, Tribal, and local governments, with particular attention given to the impact on utilization in rural areas, resulting from the program developed under paragraph (1); and
    • (B) any further recommendations that the Administrator would make for additional statutory or appropriations authority necessary to increase the utilization of the public alert and warning system lab by State, Tribal, and local governments.
• (h) Not later than 1 year after December 20, 2019 , the Administrator shall—
  • (1) conduct a review of the National Watch Center and each Regional Watch Center of the Agency; and
  • (2) submit to the appropriate congressional committees a report on the review conducted under paragraph (1), which shall include—
    • (A) an assessment of the technical capability of the National and Regional Watch Centers described in paragraph (1) to be notified of alerts and warnings issued by a State through the public alert and warning system;
    • (B) a determination of which State alerts and warnings the National and Regional Watch Centers described in paragraph (1) should be aware of; and
    • (C) recommendations for improving the ability of the National and Regional Watch Centers described in paragraph (1) to receive any State alerts and warnings that the Administrator determines are appropriate.
• (i) Not later than 15 days after the date on which a State, Tribal, or local government official transmits a false alert under the public alert and warning system, the Administrator shall report to the appropriate congressional committees on—
  • (1) the circumstances surrounding the false alert;
  • (2) the content, cause, and population impacted by the false alert; and
  • (3) any efforts to mitigate any negative impacts of the false alert.
• (j) The Administrator shall, on an annual basis, report to the appropriate congressional committees on—
  • (1) participation rates in the public alert and warning system; and
  • (2) any efforts to expand alert, warning, and interoperable communications to rural and underserved areas.
• (k) Each State shall be given a reasonable amount of time to comply with any new rules, regulations, or requirements imposed under this section.

§ 101. Definitions

In this chapter, the following definitions apply:

• (1) Each of the terms “American homeland” and “homeland” means the United States.
• (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).
• (4) The term “critical infrastructure” has the meaning given that term in section 5195c(e) of title 42 .
• (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.
• (8) The term “executive agency” means an executive agency and a military department, as defined, respectively, in sections 105 and 102 of title 5.
• (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 1 See References in Text note below. 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 2 So in original. A closing parenthesis probably should precede the period.
• (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.
• (14) The term “major disaster” has the meaning given in section 5122(2) of title 42 .
• (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—
  • (A) involves an act that—
    • (i) is dangerous to human life or potentially destructive of critical infrastructure or key resources; and
    • (ii) is a violation of the criminal laws of the United States or of any State or other subdivision of the United States; and
  • (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.
  • (B) Nothing in this paragraph or any other provision of this chapter shall be construed to modify the definition of “United States” for the purposes of the Immigration and Nationality Act [ 8 U.S.C. 1101 et seq.] or any other immigration or nationality law.
• (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).

§ 102. 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.

§ 103. 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.

§ 104. National biodefense strategy

• (a) 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) The 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 biodefense capabilities, 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) Not later than 275 days after December 23, 2016 , the Secretary of Defense, the Secretary 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) 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 on Homeland 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) 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 Biodefense Strategy and existing United States biodefense policy documents.
• (f) In 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 Representatives and 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.

§ 111. Executive department; mission

• (a) There is established a Department of Homeland Security, as an executive department of the United States within the meaning of title 5.
• (b)
  • (1) The primary mission of the Department is to—
    • (A) prevent terrorist attacks within the United States;
    • (B) reduce the vulnerability of the United States to terrorism;
    • (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) 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.

§ 112. Secretary; functions

• (a)
  • (1) There is a Secretary of Homeland Security, appointed by the President, by and with the advice and consent of the Senate.
  • (2) The Secretary is the head of the Department and shall have direction, authority, and control over it.
  • (3) All functions of all officers, employees, and organizational units of the Department are vested in the Secretary.
• (b) The 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) With respect to homeland security, the Secretary shall coordinate through the Office of State and Local Coordination 1 1 So in original. Probably should be “Office for State and Local Government Coordination”. (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 homeland security 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) The Secretary may, subject to the direction of the President, attend and participate in meetings of the National Security Council.
• (e) 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) The 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—
      • (i) promoting voluntary preparedness standards to the private sector; and
      • (ii) assisting the private sector in adopting voluntary preparedness standards;
  • (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;
  • (7) assisting in the development and promotion of private sector best practices to secure critical infrastructure;
  • (8) providing information to the private sector regarding voluntary preparedness standards and the business justification for preparedness and promoting to the private sector the adoption of voluntary preparedness standards;
  • (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) 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.

§ 113. Other officers

• (a)
  • (1) Except 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) 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) There shall be in the Department an Office of Inspector General and an Inspector General at the head of such office, as provided in the Inspector General Act of 1978 (5 U.S.C. App.).
• (c) 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 1 See References in Text note below. 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) To 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.
  • (5) Any Director of a Joint Task Force under section 348 of this title .
• (e) There shall be in the Department a Chief Financial Officer, as provided in chapter 9 of title 31.
• (f) 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 the Secretary.
• (g)
  • (1) 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) Notwithstanding chapter 33 of title 5, the Secretary may designate such other officers of the Department in further order of succession to serve as Acting Secretary.
  • (3) 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”).

§ 114. Sensitive Security Information

• (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 Representatives the 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.

§ 115. Trade and customs revenue functions of the Department

• (a)
  • (1) The Secretary shall designate an appropriate senior official in the office of the Secretary who shall—
    • (A) ensure that the trade and customs revenue functions of the Department are coordinated within the Department and with other Federal departments and agencies, and that the impact on legitimate trade is taken into account in any action impacting the functions; and
    • (B) monitor and report to Congress on the Department’s mandate to ensure that the trade and customs revenue functions of the Department are not diminished, including how spending, operations, and personnel related to these functions have kept pace with the level of trade entering the United States.
  • (2) There 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—
    • (A) advise the official designated pursuant to paragraph (1) regarding all aspects of Department policies relating to the trade and customs revenue functions of the Department;
    • (B) coordinate the development of Department-wide policies regarding trade and customs revenue functions and trade facilitation; and
    • (C) coordinate the trade and customs revenue-related policies of the Department with the policies of other Federal departments and agencies.
• (b)
  • (1) The Comptroller General of the United States shall conduct a study evaluating the extent to which the Department of Homeland Security is meeting its obligations under section 212(b) of this title with respect to the maintenance of customs revenue functions.
  • (2) The study shall include an analysis of—
    • (A) the extent to which the customs revenue functions carried out by the former United States Customs Service have been consolidated with other functions of the Department (including the assignment of noncustoms revenue functions to personnel responsible for customs revenue collection), discontinued, or diminished following the transfer of the United States Customs Service to the Department;
    • (B) the extent to which staffing levels or resources attributable to customs revenue functions have decreased since the transfer of the United States Customs Service to the Department; and
    • (C) the extent to which the management structure created by the Department ensures effective trade facilitation and customs revenue collection.
  • (3) 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) 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.
  • (5) In this section, the term “customs revenue functions” means the functions described in section 212(b)(2) of this title .
• (c)
  • (1) 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)
    • (A) 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) If 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
      • (ii) to the extent appropriate, modify the policies, initiatives, or actions based upon the consultations with the appropriate congressional committees.
• (d)
  • (1) Not 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;
    • (B) an explanation of how the reorganization meets the requirements of section 212(b) of this title that the Department not diminish the customs revenue and trade facilitation functions formerly performed by the United States Customs Service; and
    • (C) any comments or recommendations provided by the Commercial Operations Advisory Committee regarding such reorganization.
  • (2) 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) 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.

§ 121. Information and Analysis

• (a) There shall be in the Department an Office of Intelligence and Analysis.
• (b)
  • (1) 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) The Under Secretary for Intelligence and Analysis shall serve as the Chief Intelligence Officer of the Department.
• (c) 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) The 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;
    • (B) detect and identify threats of terrorism against the United States; and
    • (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 1 So in original. The comma probably should not appear. 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 Department within 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 personnel of 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—
      • (i) a recommended strategy to protect and prepare the critical infrastructure of the homeland against threats of EMP and GMD; and
      • (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—
      • (i) be based on findings of the research and development conducted under section 195f of this title ;
      • (ii) be developed in consultation with the relevant Federal sector-specific agencies (as defined under Presidential Policy Directive-21) for critical infrastructure;
      • (iii) be developed in consultation with the relevant sector coordinating councils 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)
  • (1) 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) Analysts under this subsection may include analysts from the private sector.
  • (3) Analysts under this subsection shall possess security clearances appropriate for their work under this section.
• (f)
  • (1) 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) The 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) The Secretary and the head of the agency concerned may enter into cooperative agreements for the purpose of detailing personnel under this subsection.
  • (4) The detail of personnel under this subsection may be on a reimbursable or non-reimbursable basis.
• (g) In 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.
  • (3) The Critical Infrastructure Assurance Office of the Department of Commerce, including the functions of the Secretary of Commerce 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.

§ 121a. Homeland Security Intelligence Program

There is established within the Department of Homeland Security a Homeland Security Intelligence Program. The Homeland Security Intelligence Program constitutes the intelligence activities of the Office of Intelligence and Analysis of the Department that serve predominantly departmental missions.

§ 122. Access to information

• (a)
  • (1) 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) 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) Except 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) The 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:
  • (1) The USA PATRIOT Act of 2001 ( Public Law 107–56 ).
  • (2) Section 2517(6) of title 18 .
  • (3) Rule 6(e)(3)(C) of the Federal Rules of Criminal Procedure.
• (d)
  • (1) 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 1 So in original. There probably should be a closing parenthesis after “50”. 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) 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.

§ 123. Terrorist travel program

• (a) 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 1 See References in Text note below. shall establish a program to oversee the implementation of the Secretary’s responsibilities with respect to terrorist travel.
• (b) The 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
  • (2) an official appointed by the Secretary who reports directly to the Secretary.
• (c) The 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) Not later than 180 days after August 3, 2007 , the Secretary of Homeland Security 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 on the implementation of this section.

§ 124. Homeland Security Advisory System

• (a) 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 United States, as appropriate. The Secretary shall exercise primary responsibility for providing such advisories or warnings.
• (b) In 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.

§ 124a. Homeland security information sharing

• (a) Consistent with section 485 of this title , the Secretary, acting through the Under Secretary for Intelligence and Analysis, shall integrate the information and standardize the format of the products of the intelligence components of the Department 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) 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)
  • (1) The 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) 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)
  • (1) The 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 Department opportunities for training and education to develop an understanding of—
    • (A) the definitions of homeland security information and national intelligence (as defined in section 3003(5) of title 50 ); and
    • (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) The 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).

§ 124b. Comprehensive information technology network architecture

• (a) The Secretary, acting through the Under Secretary for Intelligence and Analysis, shall establish, consistent with the policies and procedures developed under section 485 of this title , and consistent with the enterprise architecture of the Department, a comprehensive information technology network architecture for the Office of Intelligence and Analysis that connects the various databases and related information technology assets of the Office of Intelligence and Analysis and the intelligence components of the Department in order to promote internal information sharing among the intelligence and other personnel of the Department.
• (b) The term “comprehensive information technology network architecture” means an integrated framework for evolving or maintaining existing information technology and acquiring new information technology to achieve the strategic management and information resources management goals of the Office of Intelligence and Analysis.

§ 124c. Coordination with information sharing environment

• (a) All 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) In carrying out the duties and responsibilities under this part, the Under Secretary for Intelligence and Analysis shall take into account the views of the heads of the intelligence components of the Department.

§ 124d. 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 Department are 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 Secretary for Intelligence and Analysis and other appropriate officials of the Department and 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.

§ 124e. 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 ).

§ 124f. Intelligence training development for State and local government officials

• (a) The 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) 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) 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.

§ 124g. Information sharing incentives

• (a) 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 1 So in original. A closing parenthesis probably should precede the comma. , 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) The head of each department or agency described in section 485(i) 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.

§ 124h. Department of Homeland Security State, Local, and Regional Fusion Center Initiative

• (a) 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) Through 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;
  • (2) support efforts to include State, local, and regional fusion centers into efforts to establish an information sharing environment;
  • (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 homeland security-related activities;
  • (5) provide analytic and reporting advice and assistance to State, local, and regional fusion centers;
  • (6) review information within the scope of the information sharing environment, including homeland security information, terrorism information, and weapons of mass destruction information, that is gathered by State, local, and regional fusion centers, and to incorporate such information, as appropriate, into the Department’s own such information;
  • (7) provide management assistance to State, local, and regional fusion centers;
  • (8) serve as a point of contact to ensure the dissemination of information within the scope of the information sharing environment, including homeland security information, terrorism information, and weapons of mass destruction information;
  • (9) facilitate close communication and coordination between State, local, and regional fusion centers and the Department;
  • (10) provide State, local, and regional fusion centers with expertise on Department resources and operations;
  • (11) provide training to State, local, and regional fusion centers and encourage such fusion centers to participate in terrorism threat-related exercises conducted by the Department; and
  • (12) carry out such other duties as the Secretary determines are appropriate.
• (c)
  • (1) The Under Secretary for Intelligence and Analysis shall, to the maximum extent practicable, assign officers and intelligence analysts from components of the Department to participating State, local, and regional fusion centers.
  • (2) Officers 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.
    • (G) Other components of the Department, as determined by the Secretary.
  • (3)
    • (A) The Secretary shall develop qualifying criteria for a fusion center to participate in the assigning of Department officers or intelligence analysts under this section.
    • (B) Any 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
      • (v) the relevancy of the mission of the fusion center to the particular source component of Department officers or intelligence analysts.
  • (4)
    • (A) Before 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) In 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
      • (ii) has previously worked with intelligence officials or law enforcement or other emergency response providers from that State, locality, or region.
  • (5) The Under Secretary for Intelligence and Analysis—
    • (A) shall ensure that each officer or intelligence analyst assigned to a fusion center under this section has the appropriate security clearance to contribute effectively to the mission of the fusion center; and
    • (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) Each officer or intelligence analyst assigned to a fusion center under this section shall satisfy any other qualifications the Under Secretary for Intelligence and Analysis may prescribe.
• (d) An officer or intelligence analyst assigned to a fusion center under this section shall—
  • (1) assist law enforcement agencies and other emergency response providers of State, local, and tribal governments and fusion center personnel in using information within the scope of the information sharing environment, including homeland security information, terrorism information, and weapons of mass destruction information, to develop a comprehensive and accurate threat picture;
  • (2) review homeland security-relevant information from law enforcement agencies and other emergency response providers of State, local, and tribal government;
  • (3) create intelligence and other information products derived from such information and other homeland security-relevant information provided by the Department; and
  • (4) assist in the dissemination of such products, as coordinated by the Under Secretary for Intelligence and Analysis, to law enforcement agencies and other emergency response providers of State, local, and tribal government, other fusion centers, and appropriate Federal agencies.
• (e)
  • (1) 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) When 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) 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)
  • (1) 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) Not later than one year after August 3, 2007 , and annually thereafter, the Secretary 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 the Department has adjusted its production of intelligence products in response to that consumer feedback.
• (h)
  • (1) The authorities granted under this section shall supplement the authorities granted under section 121(d) of this title and nothing in this section shall be construed to abrogate the authorities granted under section 121(d) of this title .
  • (2) Nothing in this section shall be construed to require a State, local, or regional government or entity to accept the assignment of officers or intelligence analysts of the Department into the fusion center of that State, locality, or region.
• (i) The 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;
  • (8) select and train personnel based on the needs, mission, goals, and functions of that fusion center;
  • (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) Not 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—
    • (A) through the direct deployment of personnel from intelligence components of the Department;
    • (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).
  • (3) A 5-year plan for continued engagement with fusion centers.
• (k) In 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;
  • (2) the term “information sharing environment” means the information sharing environment established under section 485 of this title ;
  • (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
  • (5) the term “terrorism information” has the meaning given that term in section 485 of this title .
• (l) 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 analysts who are assigned to fusion centers under this section.

§ 124i. Homeland Security Information Sharing Fellows Program

• (a)
  • (1) The 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, terrorism information, 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) The program under this section shall be known as the “Homeland Security Information Sharing Fellows Program”.
• (b)
  • (1) In 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;
    • (D) be an employee of an eligible entity; and
    • (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) In 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) 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)
  • (1) The Under Secretary for Intelligence and Analysis shall establish procedures to provide for the nomination and selection of individuals to participate in the Homeland Security Information Sharing Fellows Program.
  • (2) The 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.

§ 124j. Rural Policing Institute

• (a) The 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—
  • (1) evaluate the needs of law enforcement agencies and other emergency response providers in rural areas;
  • (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;
  • (3) provide the training programs developed under paragraph (2) to law enforcement agencies and other emergency response providers in rural areas; and
  • (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) The 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) 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) There 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.

§ 124k. Interagency Threat Assessment and Coordination Group

• (a) 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 the Secretary, shall coordinate and oversee the creation of an Interagency Threat Assessment and Coordination Group (referred to in this section as the “ITACG”).
• (b) The 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 homeland security 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) The 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 homeland security 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, terrorism information, 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 homeland security 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 Department under 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 homeland security 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) The Secretary, or the Secretary’s designee, shall serve as the chair of the ITACG Advisory Council, which shall include—
  • (1) representatives of—
    • (A) the Department;
    • (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) The 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)
  • (1) 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) Pursuant to section 3056(f)(E) 1 1 So in original. Probably should be section “3056(f)(1)(E)”. 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 2 See References in Text note below. 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) The Federal Advisory Committee Act (5 U.S.C. App.) shall not apply to the ITACG or any subsidiary groups thereof.
• (h) 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.

§ 124m. Classified Information Advisory Officer

• (a) The Secretary shall identify and designate within the Department a Classified Information Advisory Officer, as described in this section.
• (b) The 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) Not 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.

§ 124n. Protection of certain facilities and assets from unmanned aircraft

• (a) 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)
  • (1) The actions authorized in subsection (a) are the following:
    • (A) During the operation of the unmanned aircraft system, detect, identify, monitor, and track the unmanned aircraft system or unmanned aircraft, without prior consent, including by means of intercept or other access of a wire communication, an oral communication, or an electronic communication used to control the unmanned aircraft system or unmanned aircraft.
    • (B) Warn the operator of the unmanned aircraft system or unmanned aircraft, including by passive or active, and direct or indirect physical, electronic, radio, and electromagnetic means.
    • (C) Disrupt control of the unmanned aircraft system or unmanned aircraft, without prior consent, including by disabling the unmanned aircraft system or unmanned aircraft by intercepting, interfering, or causing interference with wire, oral, electronic, or radio communications used to control the unmanned aircraft system or unmanned aircraft.
    • (D) Seize or exercise control of the unmanned aircraft system or unmanned aircraft.
    • (E) Seize or otherwise confiscate the unmanned aircraft system or unmanned aircraft.
    • (F) Use reasonable force, if necessary, to disable, damage, or destroy the unmanned aircraft system or unmanned aircraft.
  • (2) The Secretary and the Attorney General shall develop for their respective Departments the actions described in paragraph (1) in coordination with the Secretary of Transportation.
  • (3) 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) 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.
• (c) Any unmanned aircraft system or unmanned aircraft described in subsection (a) that is seized by the Secretary or the Attorney General is subject to forfeiture to the United States.
• (d)
  • (1) 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)
    • (A) The Secretary and the Attorney General shall coordinate the development of their respective guidance under paragraph (1) with the Secretary of Transportation.
    • (B) 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) The 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 1 So in original. Probably should be “determines”. 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) The Secretary and the Attorney General shall submit to Congress, as a part of the homeland 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)
  • (1) 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) Each briefing required under paragraph (1) shall be conducted jointly with the Secretary of Transportation.
  • (3) Each 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 system were 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 2 So in original. Probably should be followed by “and”.
    • (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) Each briefing required under paragraph (1) shall be in unclassified form, but may be accompanied by an additional classified briefing.
  • (5) 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) Nothing in this section may be construed to—
  • (1) vest in the Secretary or the Attorney General any authority of the Secretary of 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) The authority to carry out this section with respect to a covered facility or asset specified in subsection (k)(3) shall terminate on the date that is 4 years after October 5, 2018 .
• (j) 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) In 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.
  • (2) The term “budget”, with respect to a fiscal year, means the budget for that fiscal year that is submitted to Congress by the President under section 1105(a) of title 31 .
  • (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) United States Secret Service protection operations pursuant to sections 3056(a) and 3056A(a) of title 18 and the Presidential Protection Assistance Act of 1976 ( 18 U.S.C. 3056 note); or
        • (III) protection of facilities pursuant to section 1315(a) of title 40 ;
      • (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—
        • (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 3 So in original. Probably should be “or”.
      • (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 4 See References in Text note below. 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.
  • (4) The terms “electronic communication”, “intercept”, “oral communication”, and “wire communication” have the meaning 5 5 So in original. Probably should be “meanings”. given those terms in section 2510 of title 18 .
  • (5) The term “homeland security or justice budget materials”, with respect to a fiscal year, means the materials submitted to Congress by the Secretary and the Attorney General in support of the budget for that fiscal year.
  • (6) For purposes of subsection (a), the term “personnel” means officers and employees of the Department of Homeland Security or the Department of Justice.
  • (7) The terms “unmanned aircraft” and “unmanned aircraft system” have the meanings given those terms in section 44801, 6 6 So in original. The comma probably should not appear. of title 49.
  • (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)
  • (1) Not 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—
    • (A) an evaluation of the threat from unmanned aircraft systems to United States critical infrastructure (as defined in this chapter) and to domestic large hub airports (as defined in section 40102 of title 49 );
    • (B) an evaluation of current Federal and 7 7 So in original. Probably should be “Federal,”. 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) The report required under paragraph (1) shall be submitted in unclassified form, but may contain a classified annex.

§ 125. Annual report on intelligence activities of the Department of Homeland Security

• (a) For 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) Not 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 Department that 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) In this section, the term “intelligence component of the Department” has the meaning given that term in section 101 of this title .

§ 126. Department of Homeland Security data framework

• (a)
  • (1) 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) In 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:
    • (A) All information acquired, held, or obtained by an office or component of the Department of Homeland Security that falls within the scope of the information sharing environment, including homeland security information, terrorism information, weapons of mass destruction information, and national intelligence.
    • (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)
  • (1) The 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) The 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) 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) The 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) The 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) 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)
  • (1) 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) 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) 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) In this section:
  • (1) The terms “appropriate congressional committee” and “homeland” have the meaning given those terms in section 101 of this title .
  • (2) The term “homeland security information” has the meaning given such term in section 482 of this title .
  • (3) The term “national intelligence” has the meaning given such term in section 3003(5) of title 50 .
  • (4) The term “terrorism information” has the meaning given such term in section 485 of this title .

§ 141. 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.

§ 142. Privacy officer

• (a) The 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;
  • (2) assuring that personal information contained in Privacy Act systems of records is handled in full compliance with fair information practices as set out in the Privacy Act of 1974 [ 5 U.S.C. 552a ];
  • (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)
  • (1) The 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) 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 States district court.
  • (3) 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)
  • (1) The 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)
    • (A) 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)
      • (i) 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)
        • (I) Not later than 30 days after the receipt of a matter referred under clause (i), the Inspector General shall—
        • (II) 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) The 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) 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) If 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) The 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.

§ 146. Cybersecurity workforce assessment and strategy

• (a)
  • (1) Not later than 180 days after December 18, 2014 , and annually thereafter for 3 years, the Secretary shall assess the cybersecurity workforce of the Department.
  • (2) The 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
      • (ii) vacant; and
    • (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)
  • (1) The 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) The 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) The Secretary submit 1 1 So in original. 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).

§ 161. Establishment of Office; Director

• (a)
  • (1) There is hereby established within the Department of Justice an Office of Science and Technology (hereinafter in this subchapter referred to as the “Office”).
  • (2) The Office shall be under the general authority of the Assistant Attorney General, Office of Justice Programs, and shall be established within the National Institute of Justice.
• (b) The Office shall be headed by a Director, who shall be an individual appointed based on approval by the Office of Personnel Management of the executive qualifications of the individual.

§ 162. Mission of Office; duties

• (a) The mission of the Office shall be—
  • (1) to serve as the national focal point for work on law enforcement technology; and
  • (2) to carry out programs that, through the provision of equipment, training, and technical assistance, improve the safety and effectiveness of law enforcement technology and improve access to such technology by Federal, State, and local law enforcement agencies.
• (b) In carrying out its mission, the Office shall have the following duties:
  • (1) To provide recommendations and advice to the Attorney General.
  • (2) To establish and maintain advisory groups (which shall be exempt from the provisions of the Federal Advisory Committee Act (5 U.S.C. App.)) to assess the law enforcement technology needs of Federal, State, and local law enforcement agencies.
  • (3) To establish and maintain performance standards in accordance with the National Technology Transfer and Advancement Act of 1995 ( Public Law 104–113 ) for, and test and evaluate law enforcement technologies that may be used by, Federal, State, and local law enforcement agencies.
  • (4) To establish and maintain a program to certify, validate, and mark or otherwise recognize law enforcement technology products that conform to standards established and maintained by the Office in accordance with the National Technology Transfer and Advancement Act of 1995 ( Public Law 104–113 ). The program may, at the discretion of the Office, allow for supplier’s declaration of conformity with such standards.
  • (5) To work with other entities within the Department of Justice, other Federal agencies, and the executive office of the President to establish a coordinated Federal approach on issues related to law enforcement technology.
  • (6) To carry out research, development, testing, evaluation, and cost-benefit analyses in fields that would improve the safety, effectiveness, and efficiency of law enforcement technologies used by Federal, State, and local law enforcement agencies, including, but not limited to—
    • (A) weapons capable of preventing use by unauthorized persons, including personalized guns;
    • (B) protective apparel;
    • (C) bullet-resistant and explosion-resistant glass;
    • (D) monitoring systems and alarm systems capable of providing precise location information;
    • (E) wire and wireless interoperable communication technologies;
    • (F) tools and techniques that facilitate investigative and forensic work, including computer forensics;
    • (G) equipment for particular use in counterterrorism, including devices and technologies to disable terrorist devices;
    • (H) guides to assist State and local law enforcement agencies;
    • (I) DNA identification technologies; and
    • (J) tools and techniques that facilitate investigations of computer crime.
  • (7) To administer a program of research, development, testing, and demonstration to improve the interoperability of voice and data public safety communications.
  • (8) To serve on the Technical Support Working Group of the Department of Defense, and on other relevant interagency panels, as requested.
  • (9) To develop, and disseminate to State and local law enforcement agencies, technical assistance and training materials for law enforcement personnel, including prosecutors.
  • (10) To operate the regional National Law Enforcement and Corrections Technology Centers and, to the extent necessary, establish additional centers through a competitive process.
  • (11) To administer a program of acquisition, research, development, and dissemination of advanced investigative analysis and forensic tools to assist State and local law enforcement agencies in combating cybercrime.
  • (12) To support research fellowships in support of its mission.
  • (13) To serve as a clearinghouse for information on law enforcement technologies.
  • (14) To represent the United States and State and local law enforcement agencies, as requested, in international activities concerning law enforcement technology.
  • (15) To enter into contracts and cooperative agreements and provide grants, which may require in-kind or cash matches from the recipient, as necessary to carry out its mission.
  • (16) To carry out other duties assigned by the Attorney General to accomplish the mission of the Office.
• (c) Except as otherwise expressly provided by law, all research and development carried out by or through the Office shall be carried out on a competitive basis.
• (d) Federal agencies shall, upon request from the Office and in accordance with Federal law, provide the Office with any data, reports, or other information requested, unless compliance with such request is otherwise prohibited by law.
• (e) Decisions concerning publications issued by the Office shall rest solely with the Director of the Office.
• (f) The Office may transfer funds to other Federal agencies or provide funding to non-Federal entities through grants, cooperative agreements, or contracts to carry out its duties under this section: Provided , That any such transfer or provision of funding shall be carried out in accordance with section 605 of Public Law 107–77 .
• (g) The Director of the Office shall include with the budget justification materials submitted to Congress in support of the Department of Justice budget for each fiscal year (as submitted with the budget of the President under section 1105(a) of title 31 ) a report on the activities of the Office. Each such report shall include the following:
  • (1) For the period of 5 fiscal years beginning with the fiscal year for which the budget is submitted—
    • (A) the Director’s assessment of the needs of Federal, State, and local law enforcement agencies for assistance with respect to law enforcement technology and other matters consistent with the mission of the Office; and
    • (B) a strategic plan for meeting such needs of such law enforcement agencies.
  • (2) For the fiscal year preceding the fiscal year for which such budget is submitted, a description of the activities carried out by the Office and an evaluation of the extent to which those activities successfully meet the needs assessed under paragraph (1)(A) in previous reports.

§ 163. Definition of law enforcement technology

For the purposes of this subchapter, the term “law enforcement technology” includes investigative and forensic technologies, corrections technologies, and technologies that support the judicial process.

§ 164. Abolishment of Office of Science and Technology of National Institute of Justice; transfer of functions

• (a) The Attorney General may transfer to the Office any other program or activity of the Department of Justice that the Attorney General, in consultation with the Committee on the Judiciary of the Senate and the Committee on the Judiciary of the House of Representatives, determines to be consistent with the mission of the Office.
• (b) With respect to any function, power, or duty, or any program or activity, that is established in the Office, those employees and assets of the element of the Department of Justice from which the transfer is made that the Attorney General determines are needed to perform that function, power, or duty, or for that program or activity, as the case may be, shall be transferred to the Office: Provided , That any such transfer shall be carried out in accordance with section 605 of Public Law 107–77 .
• (c) Not later than 1 year after November 25, 2002 , the Attorney General shall submit to the Committee on the Judiciary of the Senate and the Committee on the Judiciary of the House of Representatives a report on the implementation of this subchapter. The report shall—
  • (1) provide an accounting of the amounts and sources of funding available to the Office to carry out its mission under existing authorizations and appropriations, and set forth the future funding needs of the Office; and
  • (2) include such other information and recommendations as the Attorney General considers appropriate.

§ 165. National Law Enforcement and Corrections Technology Centers

• (a) The Director of the Office shall operate and support National Law Enforcement and Corrections Technology Centers (hereinafter in this section referred to as “Centers”) and, to the extent necessary, establish new centers through a merit-based, competitive process.
• (b) The purpose of the Centers shall be to—
  • (1) support research and development of law enforcement technology;
  • (2) support the transfer and implementation of technology;
  • (3) assist in the development and dissemination of guidelines and technological standards; and
  • (4) provide technology assistance, information, and support for law enforcement, corrections, and criminal justice purposes.
• (c) Each year, the Director shall convene a meeting of the Centers in order to foster collaboration and communication between Center participants.
• (d) Not later than 12 months after November 25, 2002 , the Director shall transmit to the Congress a report assessing the effectiveness of the existing system of Centers and identify the number of Centers necessary to meet the technology needs of Federal, State, and local law enforcement in the United States.

§ 181. Under Secretary for Science and Technology

There shall be in the Department a Directorate of Science and Technology headed by an Under Secretary for Science and Technology.

§ 182. 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;
• (8) collaborating with the Secretary of Agriculture and the Attorney General as provided in section 8401 of title 7 ;
• (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.

§ 183. Functions transferred

In accordance with subchapter XII, there shall be transferred to the Secretary the functions, 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.

§ 184. Conduct of certain public health-related activities

• (a) 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) 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.

§ 185. Federally funded research and development centers

The Secretary, acting through the Under Secretary for Science and Technology, shall have the authority to establish or contract with 1 or more federally funded research and development centers to provide independent analysis of homeland security issues, or to carry out other responsibilities under this chapter, including coordinating and integrating both the extramural and intramural programs described in section 188 of this title .

§ 186. Miscellaneous provisions

• (a) To the greatest extent practicable, research conducted or supported by the Department shall be unclassified.
• (b) 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) 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) 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.

§ 187. Homeland Security Advanced Research Projects Agency

• (a) In this section:
  • (1) The term “Fund” means the Acceleration Fund for Research and Development of Homeland Security Technologies established in subsection (c).
  • (2) 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) The term “HSARPA” means the Homeland Security Advanced Research Projects Agency established in subsection (b).
  • (4) The term “Under Secretary” means the Under Secretary for Science and Technology.
• (b)
  • (1) There is established the Homeland Security Advanced Research Projects Agency.
  • (2) HSARPA shall be headed by a Director, who shall be appointed by the Secretary. The Director shall report to the Under Secretary.
  • (3) The 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—
    • (A) support basic and applied homeland security research to promote revolutionary changes in technologies that would promote homeland security;
    • (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) The Director may solicit proposals to address specific vulnerabilities identified by the Director.
  • (5) 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.
  • (6) In hiring personnel for HSARPA, the Secretary shall have the hiring and management authorities described in section 1101 1 1 See References in Text note below. of the Strom Thurmond National Defense Authorization Act for Fiscal Year 1999 ( 5 U.S.C. 3104 note; Public Law 105–261 ). The term of appointments for employees under subsection (c)(1) of that section may not exceed 5 years before the granting of any extension under subsection (c)(2) of that section.
  • (7) The Director, periodically, shall hold homeland security technology demonstrations to improve contact among technology developers, vendors and acquisition personnel.
• (c)
  • (1) There is established the Acceleration Fund for Research and Development of Homeland Security Technologies, which shall be administered by the Director of HSARPA.
  • (2) 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) 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.

§ 188. Conduct of research, development, demonstration, testing and evaluation

• (a) The Secretary, acting through the Under Secretary for Science and Technology, shall carry out the responsibilities under section 182(4) of this title through both extramural and intramural programs.
• (b)
  • (1) The 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 States as 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)
    • (A) 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 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.
      • (vi) Food safety.
      • (vii) Water and wastewater operations.
      • (viii) Port and waterway security.
      • (ix) Multi-modal transportation.
      • (x) Information security and information engineering.
      • (xi) 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) To the extent that exercising such discretion is in the interest of homeland security, 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) 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) There are authorized to be appropriated such sums as may be necessary to carry out this paragraph.
• (c)
  • (1) 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) 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) If 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) 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).

§ 189. Utilization of Department of Energy national laboratories and sites in support of homeland security activities

• (a)
  • (1) In 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) 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 the Secretary, 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)
  • (1) 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) 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) The Department of Energy shall be the primary sponsor under a multiple agency sponsorship arrangement referred to in paragraph (1) or (2).
  • (4) 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) 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) The Department shall provide funds for work at the Department of Energy national 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) 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) 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) In the case of an activity carried out by the operator of a Department of Energy national 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 the Secretary 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) 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) 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) 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.

§ 190. Transfer of Plum Island Animal Disease Center, Department of Agriculture

• (a) 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) 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) 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)
  • (1) 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) 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 ).

§ 191. Homeland Security Science and Technology Advisory Committee

• (a) 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)
  • (1) The 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) 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)
  • (1) Except as otherwise provided in this subsection, the term of office of each member of the Advisory Committee shall be 3 years.
  • (2) 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) 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) 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) 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) 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) 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)
  • (1) The Advisory Committee shall render an annual report to the Under Secretary for 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) 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) Section 14 of the Federal Advisory Committee Act shall not apply to the Advisory Committee.
• (j) The Department of Homeland Security Science and Technology Advisory Committee shall terminate on December 31, 2008 .

§ 192. Homeland Security Institute

• (a) 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) The Institute shall be administered as a separate entity by the Secretary.
• (c) The 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.
  • (8) Creation of strategic technology development plans to reduce vulnerabilities in the Nation’s critical infrastructure and key resources.
• (d) 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) The Institute shall utilize the capabilities of the National Infrastructure Simulation and Analysis Center.
• (f) The Institute shall transmit to the Secretary and Congress an annual report on the activities of the Institute under this section.
• (g) The Homeland Security Institute shall terminate 5 years after its establishment.

§ 193. Technology clearinghouse to encourage and support innovative solutions to enhance homeland security

• (a) The Secretary, acting through the Under Secretary for Science and Technology, shall establish and promote a program to encourage technological innovation in facilitating the mission of the Department (as described in section 111 of this title ).
• (b) The 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)
  • (1) 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, any State or local government entity, or any private sector entity.
  • (2) 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) 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).

§ 194. Enhancement of public safety communications interoperability

• (a)
  • (1) The 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—
    • (A) establish a comprehensive national approach to achieving public safety interoperable communications;
    • (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;
    • (H) establish coordinated guidance for Federal grant programs for 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)
    • (A) The Secretary may establish an Office for Interoperability and Compatibility within the Directorate of Science and Technology to carry out this subsection.
    • (B) If 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
      • (ii) carry out section 510 1 1 See References in Text note below. of the Homeland Security Act of 2002, as added by subsection (d).
  • (3) There 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) 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 safety interoperable communications, a schedule of milestones for such development, and achievements of such development.
• (c) Not 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
  • (2) the United States and Mexico.
• (d)
• (e)
  • (1) In awarding grants to any State, region, local government, or Indian tribe for the purposes of enhancing interoperable communications capabilities for emergency response providers, the Secretary may commit to obligate Federal assistance beyond the current fiscal year, subject to the limitations and restrictions in this subsection.
  • (2)
    • (A) No multiyear interoperability commitment may exceed 3 years in duration.
    • (B) 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)
    • (A) 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) 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) 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) 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) 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) Nothing 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) Any 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;
  • (3) describe how the planned use of spectrum and resources for interoperable communications is compatible with surrounding capabilities and interoperable communications plans of Federal, State, and local governmental entities, military installations, foreign governments, critical infrastructure, and other relevant entities;
  • (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) In this section:
  • (1) 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) The term “emergency response providers” has the meaning that term has under section 101 of this title .
• (h)
• (i)
  • (1) The 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) 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.

§ 195. Office for Interoperability and Compatibility

• (a) The Director of the Office for Interoperability and Compatibility shall—
  • (1) assist the Secretary in developing and implementing the science and technology aspects of the program described in subparagraphs (D), (E), (F), and (G) of section 194(a)(1) of this title ;
  • (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 1 See Change of Name note below. 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) 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) The Secretary shall provide the Office for Interoperability and Compatibility the resources and staff necessary to carry out the responsibilities under this section.

§ 195a. Emergency communications interoperability research and development

• (a) The 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) The 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.
• (c) For purposes of this section, the term “interoperable”, with respect to emergency communications, has the meaning given the term in section 578 of this title .

§ 195b. National Biosurveillance Integration Center

• (a) 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 the Department that is in existence as of August 3, 2007 .
• (b) The 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) The 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)
  • (1) The 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;
    • (C) receive and consider other relevant homeland security information, as appropriate; and
    • (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) The Directing Officer of the NBIC shall—
    • (A) on an ongoing basis, evaluate available data for evidence of a biological event of national concern; and
    • (B) integrate homeland security information with NBIC data to provide overall situational awareness and determine whether a biological event of national concern has occurred.
  • (3)
    • (A) The Directing Officer of the NBIC shall—
      • (i) establish a method of real-time communication with the National Operations Center;
      • (ii) in the event that a biological event of national concern is detected, notify the Secretary and disseminate results of NBIC assessments relating to that biological event of national concern to appropriate Federal response entities and, in coordination with relevant Member Agencies, regional, State, local, and tribal governmental response entities in a timely manner;
      • (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) 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)
  • (1) Each 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)
  • (1) The Directing Officer of the NBIC shall hire individuals with the necessary expertise to develop and operate the NBIC.
  • (2) Upon the request of the Directing Officer of the NBIC, the head of any Federal department or agency may detail, on a reimbursable basis, any of the personnel of that department or agency to the Department to assist the NBIC in carrying out this section.
• (g) The 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) 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) There are authorized to be appropriated such sums as are necessary to carry out this section.
• (j) In this section:
  • (1) The terms “biological agent” and “toxin” have the meanings given those terms in section 178 of title 18 .
  • (2) The term “biological event of national concern” means—
    • (A) an act of terrorism involving a biological agent or toxin; or
    • (B) a naturally occurring outbreak of an infectious disease that may result in a national epidemic.
  • (3) The term “homeland security information” has the meaning given that term in section 482 of this title .
  • (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.
  • (5) The term “Privacy Officer” means the Privacy Officer appointed under section 142 of this title .

§ 195c. Promoting antiterrorism through international cooperation program

• (a) In this section:
  • (1) The term “Director” means the Director selected under subsection (b)(2).
  • (2) The 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)
  • (1) The Under Secretary shall establish the Science and Technology Homeland Security International Cooperative Programs Office.
  • (2) The 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)
    • (A) 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.
    • (B) The Director shall be responsible for developing, in coordination with the Office of International Affairs and other Federal agencies, strategic priorities for international cooperative activity for the Department in support of homeland security.
    • (C) 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) The Director shall facilitate the matching of United States entities engaged in homeland security research with non-United States entities engaged in homeland security research so that they may partner in homeland security research activities.
  • (4) 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. The Director may enter into joint activities with other Federal agencies.
• (c)
  • (1)
    • (A) 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)
      • (i) The 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) 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) 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) The Director may make or accept loans of equipment for research and development and comparative testing purposes.
• (d) 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) Not 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 1 So in original. The word “and” probably should not appear.
  • (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) 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) 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) Nothing in this section shall be construed to alter or affect the following provisions of law:
  • (1) Title V of the Foreign Relations Authorization Act, Fiscal Year 1979 ( 22 U.S.C. 2656a et seq.).
  • (2) Section 112b(c) of title 1 .
  • (3) Section 2651a(e)(2) of title 22 .
  • (4) Sections 2752 and 2767 of title 22.
  • (5) Section 2382(c) of title 22 .
• (i) There are authorized to be appropriated to carry out this section such sums as are necessary.

§ 195d. Social media working group

• (a) The Secretary shall establish within the Department a social media working group (in this section referred to as the “Group”).
• (b) 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 of terrorism or other man-made disaster.
• (c)
  • (1) Membership 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:
    • (A) The Office of Public Affairs of the Department.
    • (B) The Office of the Chief Information Officer of the Department.
    • (C) The Privacy Office 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.
    • (G) The Forest Service.
    • (H) The Centers for Disease Control and Prevention.
    • (I) The United States Geological Survey.
    • (J) The National Oceanic and Atmospheric Administration.
  • (2)
    • (A) The Secretary, or a designee of the Secretary, shall serve as the chairperson of the Group.
    • (B) 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) The 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—
        • (II) universities and academia; and
        • (III) nonprofit disaster relief organizations.
  • (4) The chairperson shall establish term limits for individuals appointed to the Group under paragraph (3).
• (d) To the extent practicable, the Group shall work with entities in the public and private sectors to carry out subsection (b).
• (e)
  • (1) Not later than 90 days after November 5, 2015 , the Group shall hold its initial meeting.
  • (2) After 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) Each meeting of the Group may be held virtually.
• (f) During 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 terrorism and 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)
  • (1) 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 Senate and 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) 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.

§ 195e. Transparency in research and development

• (a)
  • (1) The Secretary shall maintain a detailed list of the following:
    • (A) Each classified and unclassified research and development project, and all appropriate details for each such project, including the component of the Department responsible for each such project.
    • (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) Paragraph (1) shall not apply to a project completed or otherwise terminated before December 23, 2016 .
  • (3) The list required under paragraph (1) shall be updated as frequently as possible, but not less frequently than once per quarter.
  • (4) For purposes of the list required under paragraph (1), the Secretary shall provide a definition for the term “research and development”.
• (b) Not later than January 1, 2017 , and annually thereafter, the 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 a classified and unclassified report, as applicable, that lists each ongoing classified and unclassified project at the Department, including all appropriate details of each such project.
• (c)
  • (1) 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 project among customers or end-users.
  • (2) 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) In this section:
  • (1) The 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;
    • (B) the name of the component of the Department carrying out such project;
    • (C) an abstract or summary of such project;
    • (D) funding levels for such project;
    • (E) project duration or timeline;
    • (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) The term “classified” means anything containing—
    • (A) classified national security information as defined in section 6.1 of Executive Order 13526 ( 50 U.S.C. 3161 note) or any successor order;
    • (B) Restricted Data or data that was formerly Restricted Data, as defined in section 2014(y) of title 42 ;
    • (C) material classified at the Sensitive Compartmented Information (SCI) level, as defined in section 3345 of title 50 ; or
    • (D) information relating to a special access program, as defined in section 6.1 of Executive Order 13526 ( 50 U.S.C. 3161 note) or any successor order.
  • (3) The term “controlled unclassified information” means information described as “Controlled Unclassified Information” under Executive Order 13556 ( 50 U.S.C. 3501 note) 1 1 See References in Text note below. or any successor order.
  • (4) The term “project” means a research or development project, program, or activity administered by the Department, whether ongoing, completed, or otherwise terminated.
• (e) Nothing in this section overrides or otherwise affects the requirements specified in section 468 of this title .

§ 195f. EMP and GMD mitigation research and development and threat assessment, response, and recovery

• (a) 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) The scope of the research and development under subsection (a) shall include the following:
  • (1) An objective scientific analysis—
    • (A) evaluating the risks to critical infrastructure from a range of threats of EMP and GMD; and
    • (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)
  • (1) 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 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)
  • (1)
    • (A)
      • (i) Beginning not later than June 19, 2020 , the Secretary shall provide timely distribution of information on EMPs and GMDs to Federal, State, and local governments, owners and operators of critical infrastructure, and other persons determined appropriate by the Secretary.
      • (ii) The Secretary shall brief the appropriate congressional committees on the effectiveness of the distribution of information under clause (i).
    • (B)
      • (i) The Administrator of the Federal Emergency Management Agency shall—
        • (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 EMPs and extreme GMDs as a factor in preparedness scenarios and exercises.
      • (ii) The 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)
      • (i) The 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) develop technologies to enhance the resilience of and better protect critical infrastructure.
      • (ii) Not later than March 26, 2020 , and in coordination with the heads of relevant Sector-Specific Agencies, the Secretary shall submit to the appropriate congressional committees a research and development action plan to rapidly address modeling shortfall and technology development.
    • (D)
      • (i) 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 321 o 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) 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 321 o of this title.
    • (E)
      • (i) The Secretary, in coordination with the Secretary of Defense, the Secretary of Energy, and the Secretary of Commerce, and informed by intelligence-based threat assessments, shall conduct a quadrennial EMP and GMD risk assessment.
      • (ii) Not later than March 26, 2020 , and every four years thereafter until 2032, the Secretary, the Secretary of Defense, the Secretary of Energy, and the Secretary of Commerce shall provide a briefing to the appropriate congressional committees regarding the quadrennial EMP and GMD risk assessment.
      • (iii) The Secretary, in coordination with the Secretary of Defense, the Secretary 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 of critical infrastructure at greatest risk to the effects of EMPs and GMDs.
  • (2)
    • (A) Not 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—
      • (i) assesses the technological options available to improve the resilience of critical infrastructure to the effects of EMPs and GMDs; and
      • (ii) identifies gaps in available technologies and opportunities for technological developments to inform research and development activities.
    • (B)
      • (i) Not 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—
        • (I) review test data regarding the effects of EMPs and GMDs on critical infrastructure systems, networks, and assets representative of those throughout the Nation; and
        • (II) identify any gaps in the test data.
      • (ii) 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 the Secretary 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) 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) In 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.
    • (C) The term “Sector-Specific Agency” has the meaning given that term in section 651 of this title .
• (e) Nothing in this section may be construe— 1 1 So in original. Probably should be “construed—”.
  • (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-Specific 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 824 o 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 .

§ 202. Border, maritime, and transportation responsibilities

The Secretary shall be responsible for the following:

• (1) Preventing the entry of terrorists and the instruments of terrorism into the United States.
• (2) Securing the borders, territorial waters, ports, terminals, waterways, and air, land, and sea transportation systems of the United States, including managing and coordinating those functions transferred to the Department at ports of entry.
• (3) Carrying out the immigration enforcement functions 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 date on which the transfer of functions specified under section 251 of this title takes effect.
• (4) Establishing and administering rules, in accordance with section 236 of this title , governing the granting of visas or other forms of permission, including parole, to enter the United States to individuals who are not a citizen or an alien lawfully admitted for permanent residence in the United States.
• (5) Establishing national immigration enforcement policies and priorities.
• (6) Except as provided in part C of this subchapter, administering the customs laws of the United States.
• (7) Conducting the inspection and related administrative functions of the Department of Agriculture transferred to the Secretary of Homeland Security under section 231 of this title .
• (8) In carrying out the foregoing responsibilities, ensuring the speedy, orderly, and efficient flow of lawful traffic and commerce.

§ 203. Functions transferred

In accordance with subchapter XII (relating to transition provisions), there shall be transferred to the Secretary the functions, personnel, assets, and liabilities of—

• (1) the United States Customs Service of the Department of the Treasury, including the functions of the Secretary of the Treasury relating thereto;
• (2) the Transportation Security Administration of the Department of Transportation, including the functions of the Secretary of Transportation, and of the Under Secretary of Transportation for Security, relating thereto;
• (3) the Federal Protective Service of the General Services Administration, including the functions of the Administrator of General Services relating thereto;
• (4) the Federal Law Enforcement Training Center of the Department of the Treasury; and
• (5) the Office for Domestic Preparedness of the Office of Justice Programs, including the functions of the Attorney General relating thereto.

§ 204. Surface Transportation Security Advisory Committee

• (a) The Administrator of the Transportation Security Administration (referred to in this section as “Administrator”) shall establish within the Transportation Security Administration the Surface Transportation Security Advisory Committee (referred to in this section as the “Advisory Committee”).
• (b)
  • (1) The Advisory Committee may advise, consult with, report to, and make recommendations to the Administrator on surface transportation security matters, including the development, refinement, and implementation of policies, programs, initiatives, rulemakings, and security directives pertaining to surface transportation security.
  • (2) The Advisory Committee shall consider risk-based security approaches in the performance of its duties.
• (c)
  • (1) The Advisory Committee shall be composed of—
    • (A) voting members appointed by the Administrator under paragraph (2); and
    • (B) nonvoting members, serving in an advisory capacity, who shall be designated by—
      • (i) the Transportation Security Administration;
      • (ii) the Department of Transportation;
      • (iii) the Coast Guard; and
      • (iv) such other Federal department or agency as the Administrator considers appropriate.
  • (2) The Administrator shall appoint voting members from among stakeholders representing each mode of surface transportation, such as passenger rail, freight rail, mass transit, pipelines, highways, over-the-road bus, school bus industry, and trucking, including representatives from—
    • (A) associations representing such modes of surface transportation;
    • (B) labor organizations representing such modes of surface transportation;
    • (C) groups representing the users of such modes of surface transportation, including asset manufacturers, as appropriate;
    • (D) relevant law enforcement, first responders, and security experts; and
    • (E) such other groups as the Administrator considers appropriate.
  • (3) The Advisory Committee shall select a chairperson from among its voting members.
  • (4)
    • (A)
      • (i) The term of each voting member of the Advisory Committee shall be 2 years, but a voting member may continue to serve until the Administrator appoints a successor.
      • (ii) A voting member of the Advisory Committee may be reappointed.
    • (B)
      • (i) The Administrator may review the participation of a member of the Advisory Committee and remove such member for cause at any time.
      • (ii) The Administrator may remove any member of the Advisory Committee that the Administrator determines should be restricted from reviewing, discussing, or possessing classified information or sensitive security information.
  • (5) The members of the Advisory Committee shall not receive any compensation from the Government by reason of their service on the Advisory Committee.
  • (6)
    • (A) The Administrator shall require the Advisory Committee to meet at least semiannually in person or through web conferencing and may convene additional meetings as necessary.
    • (B) At least 1 of the meetings of the Advisory Committee each year shall be—
      • (i) announced in the Federal Register;
      • (ii) announced on a public website; and
      • (iii) open to the public.
    • (C) The Advisory Committee shall maintain a record of the persons present at each meeting.
    • (D)
      • (i) Unless otherwise prohibited by other Federal law, minutes of the meetings shall be published on the public website under subsection (e)(5).
      • (ii) The Advisory Committee may redact or summarize, as necessary, minutes of the meetings to protect classified or other sensitive information in accordance with law.
  • (7)
    • (A) Not later than 60 days after the date on which a voting member is appointed to the Advisory Committee and before that voting member may be granted any access to classified information or sensitive security information, the Administrator shall determine if the voting member should be restricted from reviewing, discussing, or possessing classified information or sensitive security information.
    • (B)
      • (i) If a voting member is not restricted from reviewing, discussing, or possessing sensitive security information under subparagraph (A) and voluntarily signs a nondisclosure agreement, the voting member may be granted access to sensitive security information that is relevant to the voting member’s service on the Advisory Committee.
      • (ii) Access to classified materials shall be managed in accordance with Executive Order 13526 of December 29, 2009 (75 Fed. Reg. 707), or any subsequent corresponding Executive order.
    • (C)
      • (i) Voting members shall protect sensitive security information in accordance with part 1520 of title 49, Code of Federal Regulations.
      • (ii) Voting members shall protect classified information in accordance with the applicable requirements for the particular level of classification.
  • (8) The Advisory Committee may meet with 1 or more of the following advisory committees to discuss multimodal security issues and other security-related issues of common concern:
    • (A) Aviation Security Advisory Committee established under section 44946 of title 49 .
    • (B) Maritime Security Advisory Committee established under section 70112 of title 46 .
    • (C) Railroad Safety Advisory Committee established by the Federal Railroad Administration.
  • (9) The Advisory Committee may request the assistance of subject matter experts with expertise related to the jurisdiction of the Advisory Committee.
• (d)
  • (1) The Advisory Committee shall periodically submit reports to the Administrator on matters requested by the Administrator or by a majority of the members of the Advisory Committee.
  • (2)
    • (A) The Advisory Committee shall submit to the Administrator and the appropriate congressional committees an annual report that provides information on the activities, findings, and recommendations of the Advisory Committee during the preceding year.
    • (B) Not later than 6 months after the date that the Administrator receives an annual report under subparagraph (A), the Administrator shall publish a public version of the report, in accordance with section 552a(b) of title 5 .
• (e)
  • (1) The Administrator shall consider the information, advice, and recommendations of the Advisory Committee in formulating policies, programs, initiatives, rulemakings, and security directives pertaining to surface transportation security.
  • (2) Not later than 90 days after the date that the Administrator receives a recommendation from the Advisory Committee under subsection (d)(2), the Administrator shall submit to the Advisory Committee written feedback on the recommendation, including—
    • (A) if the Administrator agrees with the recommendation, a plan describing the actions that the Administrator has taken, will take, or recommends that the head of another Federal department or agency take to implement the recommendation; or
    • (B) if the Administrator disagrees with the recommendation, a justification for that determination.
  • (3) Not later than 30 days after the date the Administrator submits feedback under paragraph (2), the Administrator shall—
    • (A) notify the appropriate congressional committees of the feedback, including the determination under subparagraph (A) or subparagraph (B) of that paragraph, as applicable; and
    • (B) provide the appropriate congressional committees with a briefing upon request.
  • (4) Not later than 90 days after the date the Administrator receives a recommendation from the Advisory Committee under subsection (d)(2) that the Administrator agrees with, and quarterly thereafter until the recommendation is fully implemented, the Administrator shall submit a report to the appropriate congressional committees or post on the public website under paragraph (5) an update on the status of the recommendation.
  • (5) The Administrator shall maintain a public website that—
    • (A) lists the members of the Advisory Committee; and
    • (B) provides the contact information for the Advisory Committee.
• (f) The Federal Advisory Committee Act (5 U.S.C. App.) shall not apply to the Advisory Committee or any subcommittee established under this section.

§ 205. Ombudsman for immigration detention

• (a) Within the Department, there shall be a position of Immigration Detention Ombudsman (in this section referred to as the “Ombudsman”). The Ombudsman shall be independent of Department agencies and officers and shall report directly to the Secretary. The Ombudsman shall be a senior official with a background in civil rights enforcement, civil detention care and custody, and immigration law.
• (b) The functions of the Ombudsman shall be to—
  • (1) Establish and administer an independent, neutral, and confidential process to receive, investigate, resolve, and provide redress, including referral for investigation to the Office of the Inspector General, referral to U.S. Citizenship and Immigration Services for immigration relief, or any other action determined appropriate, for cases in which Department officers or other personnel, or contracted, subcontracted, or cooperating entity personnel, are found to have engaged in misconduct or violated the rights of individuals in immigration detention;
  • (2) Establish an accessible and standardized process regarding complaints against any officer or employee of U.S. Customs and Border Protection or U.S. Immigration and Customs Enforcement, or any contracted, subcontracted, or cooperating entity personnel, for violations of law, standards of professional conduct, contract terms, or policy related to immigration detention;
  • (3) Conduct unannounced inspections of detention facilities holding individuals in federal immigration custody, including those owned or operated by units of State or local government and privately-owned or operated facilities;
  • (4) Review, examine, and make recommendations to address concerns or violations of contract terms identified in reviews, audits, investigations, or detainee interviews regarding immigration detention facilities and services;
  • (5) Provide assistance to individuals affected by potential misconduct, excessive force, or violations of law or detention standards by Department of Homeland Security officers or other personnel, or contracted, subcontracted, or cooperating entity personnel; and
  • (6) Ensure that the functions performed by the Ombudsman are complementary to existing functions within the Department of Homeland Security.
• (c) The Ombudsman or designated personnel of the Ombudsman, shall be provided unfettered access to any location within each such detention facility and shall be permitted confidential access to any detainee at the detainee’s request and any departmental records concerning such detainee.
• (d)
  • (1) The Director of U.S. Immigration and Customs Enforcement and the Commissioner of U.S. Customs and Border Protection shall each establish procedures to provide formal responses to recommendations submitted to such officials by the Ombudsman within 60 days of receiving such recommendations.
  • (2) The Secretary shall establish procedures to provide the Ombudsman access to all departmental records necessary to execute the responsibilities of the Ombudsman under subsection (b) or (c) not later than 60 days after a request from the Ombudsman for such information.
• (e) The Ombudsman shall prepare a report to Congress on an annual basis on its activities, findings, and recommendations.

§ 211. Establishment of U.S. Customs and Border Protection; Commissioner, Deputy Commissioner, and operational offices

• (a) There is established in the Department an agency to be known as U.S. Customs and Border Protection.
• (b)
  • (1) There shall be at the head of U.S. Customs and Border Protection a Commissioner of U.S. Customs and Border Protection (in this section referred to as the “Commissioner”).
  • (2) As an exercise of the rulemaking power of the Senate, any nomination for the Commissioner submitted to the Senate for confirmation, and referred to a committee, shall be referred to the Committee on Finance.
• (c) The Commissioner shall—
  • (1) coordinate and integrate the security, trade facilitation, and trade enforcement functions of U.S. Customs and Border Protection;
  • (2) ensure the interdiction of persons and goods illegally entering or exiting the United States;
  • (3) facilitate and expedite the flow of legitimate travelers and trade;
  • (4) direct and administer the commercial operations of U.S. Customs and Border Protection, and the enforcement of the customs and trade laws of the United States;
  • (5) detect, respond to, and interdict terrorists, drug smugglers and traffickers, human smugglers and traffickers, and other persons who may undermine the security of the United States, in cases in which such persons are entering, or have recently entered, the United States;
  • (6) safeguard the borders of the United States to protect against the entry of dangerous goods;
  • (7) ensure the overall economic security of the United States is not diminished by efforts, activities, and programs aimed at securing the homeland;
  • (8) in coordination with U.S. Immigration and Customs Enforcement and United States Citizenship and Immigration Services, enforce and administer all immigration laws, as such term is defined in paragraph (17) of section 1101(a) of title 8 , including—
    • (A) the inspection, processing, and admission of persons who seek to enter or depart the United States; and
    • (B) the detection, interdiction, removal, departure from the United States, short-term detention, and transfer of persons unlawfully entering, or who have recently unlawfully entered, the United States;
  • (9) develop and implement screening and targeting capabilities, including the screening, reviewing, identifying, and prioritizing of passengers and cargo across all international modes of transportation, both inbound and outbound;
  • (10) in coordination with the Secretary, deploy technology to collect the data necessary for the Secretary to administer the biometric entry and exit data system pursuant to section 1365b of title 8 ;
  • (11) enforce and administer the laws relating to agricultural import and entry inspection referred to in section 231 of this title ;
  • (12) in coordination with the Under Secretary for Management of the Department, ensure U.S. Customs and Border Protection complies with Federal law, the Federal Acquisition Regulation, and the Department’s acquisition management directives for major acquisition programs of U.S. Customs and Border Protection;
  • (13) ensure that the policies and regulations of U.S. Customs and Border Protection are consistent with the obligations of the United States pursuant to international agreements;
  • (14) enforce and administer—
    • (A) the Container Security Initiative program under section 205 of the Security and Accountability for Every Port Act of 2006 ( 6 U.S.C. 945 ); and
    • (B) the Customs–Trade Partnership Against Terrorism program under subtitle B of title II of such Act ( 6 U.S.C. 961 et seq.);
  • (15) conduct polygraph examinations in accordance with section 221(1) of this title ;
  • (16) establish the standard operating procedures described in subsection (k);
  • (17) carry out the training required under subsection ( l );
  • (18) carry out section 218 of this title , relating to the issuance of Asia-Pacific Economic Cooperation Business Travel Cards; and
  • (19) carry out other duties and powers prescribed by law or delegated by the Secretary.
• (d) There shall be in U.S. Customs and Border Protection a Deputy Commissioner who shall assist the Commissioner in the management of U.S. Customs and Border Protection.
• (e)
  • (1) There is established in U.S. Customs and Border Protection the U.S. Border Patrol.
  • (2) There shall be at the head of the U.S. Border Patrol a Chief, who shall—
    • (A) be at the level of Executive Assistant Commissioner within U.S. Customs and Border Protection; and
    • (B) report to the Commissioner.
  • (3) The U.S. Border Patrol shall—
    • (A) serve as the law enforcement office of U.S. Customs and Border Protection with primary responsibility for interdicting persons attempting to illegally enter or exit the United States or goods being illegally imported into or exported from the United States at a place other than a designated port of entry;
    • (B) deter and prevent the illegal entry of terrorists, terrorist weapons, persons, and contraband; and
    • (C) carry out other duties and powers prescribed by the Commissioner.
• (f)
  • (1) There is established in U.S. Customs and Border Protection an office known as Air and Marine Operations.
  • (2) There shall be at the head of Air and Marine Operations an Executive Assistant Commissioner, who shall report to the Commissioner.
  • (3) Air and Marine Operations shall—
    • (A) serve as the law enforcement office within U.S. Customs and Border Protection with primary responsibility to detect, interdict, and prevent acts of terrorism and the unlawful movement of people, illicit drugs, and other contraband across the borders of the United States in the air and maritime environment;
    • (B) conduct joint aviation and marine operations with U.S. Immigration and Customs Enforcement;
    • (C) conduct aviation and marine operations with international, Federal, State, and local law enforcement agencies, as appropriate;
    • (D) administer the Air and Marine Operations Center established under paragraph (4); and
    • (E) carry out other duties and powers prescribed by the Commissioner.
  • (4)
    • (A) There is established in Air and Marine Operations an Air and Marine Operations Center.
    • (B) There shall be at the head of the Air and Marine Operations Center an Executive Director, who shall report to the Executive Assistant Commissioner of Air and Marine Operations.
    • (C) The Air and Marine Operations Center shall—
      • (i) manage the air and maritime domain awareness of the Department, as directed by the Secretary;
      • (ii) monitor and coordinate the airspace for unmanned aerial systems operations of Air and Marine Operations in U.S. Customs and Border Protection;
      • (iii) detect, identify, and coordinate a response to threats to national security in the air domain, in coordination with other appropriate agencies, as determined by the Executive Assistant Commissioner;
      • (iv) provide aviation and marine support to other Federal, State, tribal, and local agencies; and
      • (v) carry out other duties and powers prescribed by the Executive Assistant Commissioner.
• (g)
  • (1) There is established in U.S. Customs and Border Protection an Office of Field Operations.
  • (2) There shall be at the head of the Office of Field Operations an Executive Assistant Commissioner, who shall report to the Commissioner.
  • (3) The Office of Field Operations shall coordinate the enforcement activities of U.S. Customs and Border Protection at United States air, land, and sea ports of entry to—
    • (A) deter and prevent terrorists and terrorist weapons from entering the United States at such ports of entry;
    • (B) conduct inspections at such ports of entry to safeguard the United States from terrorism and illegal entry of persons;
    • (C) prevent illicit drugs, agricultural pests, and contraband from entering the United States;
    • (D) in coordination with the Commissioner, facilitate and expedite the flow of legitimate travelers and trade;
    • (E) administer the National Targeting Center established under paragraph (4);
    • (F) coordinate with the Executive Assistant Commissioner for the Office of Trade with respect to the trade facilitation and trade enforcement activities of U.S. Customs and Border Protection; and
    • (G) carry out other duties and powers prescribed by the Commissioner.
  • (4)
    • (A) There is established in the Office of Field Operations a National Targeting Center.
    • (B) There shall be at the head of the National Targeting Center an Executive Director, who shall report to the Executive Assistant Commissioner of the Office of Field Operations.
    • (C) The National Targeting Center shall—
      • (i) serve as the primary forum for targeting operations within U.S. Customs and Border Protection to collect and analyze traveler and cargo information in advance of arrival in the United States to identify and address security risks and strengthen trade enforcement;
      • (ii) identify, review, and target travelers and cargo for examination;
      • (iii) coordinate the examination of entry and exit of travelers and cargo;
      • (iv) develop and conduct commercial risk assessment targeting with respect to cargo destined for the United States;
      • (v) coordinate with the Transportation Security Administration, as appropriate;
      • (vi) issue Trade Alerts pursuant to section 4318(b) of title 19 ; and
      • (vii) carry out other duties and powers prescribed by the Executive Assistant Commissioner.
  • (5)
    • (A) Not later than 30 days after February 24, 2016 , and annually thereafter, the Executive Assistant Commissioner shall submit to the Committee on Homeland Security and the Committee on Ways and Means of the House of Representatives and the Committee on Homeland Security and Governmental Affairs and the Committee on Finance of the Senate a report on the staffing model for the Office of Field Operations, including information on how many supervisors, front-line U.S. Customs and Border Protection officers, and support personnel are assigned to each Field Office and port of entry.
    • (B) The report required under subparagraph (A) shall, to the greatest extent practicable, be submitted in unclassified form, but may be submitted in classified form, if the Executive Assistant Commissioner determines that such is appropriate and informs the Committee on Homeland Security and the Committee on Ways and Means of the House of Representatives and the Committee on Homeland Security and Governmental Affairs and the Committee on Finance of the Senate of the reasoning for such.
• (h)
  • (1) There is established in U.S. Customs and Border Protection an Office of Intelligence.
  • (2) There shall be at the head of the Office of Intelligence an Assistant Commissioner, who shall report to the Commissioner.
  • (3) The Office of Intelligence shall—
    • (A) develop, provide, coordinate, and implement intelligence capabilities into a cohesive intelligence enterprise to support the execution of the duties and responsibilities of U.S. Customs and Border Protection;
    • (B) manage the counterintelligence operations of U.S. Customs and Border Protection;
    • (C) establish, in coordination with the Chief Intelligence Officer of the Department, as appropriate, intelligence-sharing relationships with Federal, State, local, and tribal agencies and intelligence agencies;
    • (D) conduct risk-based covert testing of U.S. Customs and Border Protection operations, including for nuclear and radiological risks; and
    • (E) carry out other duties and powers prescribed by the Commissioner.
• (i)
  • (1) There is established in U.S. Customs and Border Protection an Office of International Affairs.
  • (2) There shall be at the head of the Office of International Affairs an Assistant Commissioner, who shall report to the Commissioner.
  • (3) The Office of International Affairs, in collaboration with the Office of Policy of the Department, shall—
    • (A) coordinate and support U.S. Customs and Border Protection’s foreign initiatives, policies, programs, and activities;
    • (B) coordinate and support U.S. Customs and Border Protection’s personnel stationed abroad;
    • (C) maintain partnerships and information-sharing agreements and arrangements with foreign governments, international organizations, and United States agencies in support of U.S. Customs and Border Protection’s duties and responsibilities;
    • (D) provide necessary capacity building, training, and assistance to foreign customs and border control agencies to strengthen border, global supply chain, and travel security, as appropriate;
    • (E) coordinate mission support services to sustain U.S. Customs and Border Protection’s global activities;
    • (F) coordinate with customs authorities of foreign countries with respect to trade facilitation and trade enforcement;
    • (G) coordinate U.S. Customs and Border Protection’s engagement in international negotiations;
    • (H) advise the Commissioner with respect to matters arising in the World Customs Organization and other international organizations as such matters relate to the policies and procedures of U.S. Customs and Border Protection;
    • (I) advise the Commissioner regarding international agreements to which the United States is a party as such agreements relate to the policies and regulations of U.S. Customs and Border Protection; and
    • (J) carry out other duties and powers prescribed by the Commissioner.
• (j)
  • (1) There is established in U.S. Customs and Border Protection an Office of Professional Responsibility.
  • (2) There shall be at the head of the Office of Professional Responsibility an Assistant Commissioner, who shall report to the Commissioner.
  • (3) The Office of Professional Responsibility shall—
    • (A) investigate criminal and administrative matters and misconduct by officers, agents, and other employees of U.S. Customs and Border Protection;
    • (B) manage integrity-related programs and policies of U.S. Customs and Border Protection;
    • (C) conduct research and analysis regarding misconduct of officers, agents, and other employees of U.S. Customs and Border Protection; and
    • (D) carry out other duties and powers prescribed by the Commissioner.
• (k)
  • (1) The Commissioner shall establish—
    • (A) standard operating procedures for searching, reviewing, retaining, and sharing information contained in communication, electronic, or digital devices encountered by U.S. Customs and Border Protection personnel at United States ports of entry;
    • (B) standard use of force procedures that officers and agents of U.S. Customs and Border Protection may employ in the execution of their duties, including the use of deadly force;
    • (C) uniform, standardized, and publicly-available procedures for processing and investigating complaints against officers, agents, and employees of U.S. Customs and Border Protection for violations of professional conduct, including the timely disposition of complaints and a written notification to the complainant of the status or outcome, as appropriate, of the related investigation, in accordance with section 552a of title 5 (commonly referred to as the “Privacy Act” or the “Privacy Act of 1974”);
    • (D) an internal, uniform reporting mechanism regarding incidents involving the use of deadly force by an officer or agent of U.S. Customs and Border Protection, including an evaluation of the degree to which the procedures required under subparagraph (B) were followed; and
    • (E) standard operating procedures, acting through the Executive Assistant Commissioner for Air and Marine Operations and in coordination with the Office for Civil Rights and Civil Liberties and the Office of Privacy of the Department, to provide command, control, communication, surveillance, and reconnaissance assistance through the use of unmanned aerial systems, including the establishment of—
      • (i) a process for other Federal, State, and local law enforcement agencies to submit mission requests;
      • (ii) a formal procedure to determine whether to approve or deny such a mission request;
      • (iii) a formal procedure to determine how such mission requests are prioritized and coordinated; and
      • (iv) a process regarding the protection and privacy of data and images collected by U.S. Customs and Border Protection through the use of unmanned aerial systems.
  • (2) The standard operating procedures established pursuant to subparagraph (A) of paragraph (1) shall require—
    • (A) in the case of a search of information conducted on an electronic device by U.S. Customs and Border Protection personnel, the Commissioner to notify the individual subject to such search of the purpose and authority for such search, and how such individual may obtain information on reporting concerns about such search; and
    • (B) in the case of information collected by U.S. Customs and Border Protection through a search of an electronic device, if such information is transmitted to another Federal agency for subject matter assistance, translation, or decryption, the Commissioner to notify the individual subject to such search of such transmission.
  • (3) The Commissioner may withhold the notifications required under paragraphs (1)(C) and (2) if the Commissioner determines, in the sole and unreviewable discretion of the Commissioner, that such notifications would impair national security, law enforcement, or other operational interests.
  • (4) The Commissioner shall review and update every three years the standard operating procedures required under this subsection.
  • (5) The Inspector General of the Department of Homeland Security shall develop and annually administer, during each of the three calendar years beginning in the calendar year that begins after February 24, 2016 , an auditing mechanism to review whether searches of electronic devices at or between United States ports of entry are being conducted in conformity with the standard operating procedures required under subparagraph (A) of paragraph (1). Such audits shall be submitted to the Committee on Homeland Security of the House of Representatives and the Committee on Homeland Security and Governmental Affairs of the Senate and shall include the following:
    • (A) A description of the activities of officers and agents of U.S. Customs and Border Protection with respect to such searches.
    • (B) The number of such searches.
    • (C) The number of instances in which information contained in such devices that were subjected to such searches was retained, copied, shared, or entered in an electronic database.
    • (D) The number of such devices detained as the result of such searches.
    • (E) The number of instances in which information collected from such devices was subjected to such searches and was transmitted to another Federal agency, including whether such transmissions resulted in a prosecution or conviction.
  • (6) The standard use of force procedures established pursuant to subparagraph (B) of paragraph (1) shall require—
    • (A) in the case of an incident of the use of deadly force by U.S. Customs and Border Protection personnel, the Commissioner to notify the Committee on Homeland Security of the House of Representatives and the Committee on Homeland Security and Governmental Affairs of the Senate; and
    • (B) the Commissioner to provide to such committees a copy of the evaluation pursuant to subparagraph (D) of such paragraph not later than 30 days after completion of such evaluation.
  • (7) The Commissioner 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, for each of the three calendar years beginning in the calendar year that begins after February 24, 2016 , that reviews whether the use of unmanned aerial systems is being conducted in conformity with the standard operating procedures required under subparagraph (E) of paragraph (1). Such reports—
    • (A) shall be submitted with the annual budget of the United States Government submitted by the President under section 1105 of title 31 ;
    • (B) may be submitted in classified form if the Commissioner determines that such is appropriate; and
    • (C) shall include—
      • (i) a detailed description of how, where, and for how long data and images collected through the use of unmanned aerial systems by U.S. Customs and Border Protection are collected and stored; and
      • (ii) a list of Federal, State, and local law enforcement agencies that submitted mission requests in the previous year and the disposition of such requests.
• (l) The Commissioner shall require all officers and agents of U.S. Customs and Border Protection to participate in a specified amount of continuing education (to be determined by the Commissioner) to maintain an understanding of Federal legal rulings, court decisions, and departmental policies, procedures, and guidelines.
• (m)
  • (1) The Commissioner shall make every effort to ensure that adequate access to food and water is provided to an individual apprehended and detained at a United States port of entry or between ports of entry as soon as practicable following the time of such apprehension or during subsequent short-term detention.
  • (2)
    • (A) The Commissioner shall ensure that an individual apprehended by a U.S. Border Patrol agent or an Office of Field Operations officer is provided with information concerning such individual’s rights, including the right to contact a representative of such individual’s government for purposes of United States treaty obligations.
    • (B) The information referred to in subparagraph (A) may be provided either verbally or in writing, and shall be posted in the detention holding cell in which such individual is being held. The information shall be provided in a language understandable to such individual.
  • (3) In this subsection, the term “short-term detention” means detention in a U.S. Customs and Border Protection processing center for 72 hours or less, before repatriation to a country of nationality or last habitual residence.
  • (4) When practicable, repatriations shall be limited to daylight hours and avoid locations that are determined to have high indices of crime and violence.
  • (5) Not later than 180 days after February 24, 2016 , 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 report on the procurement process and standards of entities with which U.S. Customs and Border Protection has contracts for the transportation and detention of individuals apprehended by agents or officers of U.S. Customs and Border Protection. Such report should also consider the operational efficiency of contracting the transportation and detention of such individuals.
  • (6) The Commissioner shall—
    • (A) annually inspect all facilities utilized for short-term detention; and
    • (B) make publicly available information collected pursuant to such inspections, including information regarding the requirements under paragraphs (1) and (2) and, where appropriate, issue recommendations to improve the conditions of such facilities.
• (n)
  • (1) The Commissioner shall—
    • (A) publish live wait times for travelers entering the United States at the 20 United States airports that support the highest volume of international travel (as determined by available Federal flight data);
    • (B) make information about such wait times available to the public in real time through the U.S. Customs and Border Protection website;
    • (C) submit to the Committee on Homeland Security and the Committee on Ways and Means of the House of Representatives and the Committee on Homeland Security and Governmental Affairs and the Committee on Finance of the Senate, for each of the five calendar years beginning in the calendar year that begins after February 24, 2016 , a report that includes compilations of all such wait times and a ranking of such United States airports by wait times; and
    • (D) provide adequate staffing at the U.S. Customs and Border Protection information center to ensure timely access for travelers attempting to submit comments or speak with a representative about their entry experiences.
  • (2) The wait times referred to in paragraph (1)(A) shall be determined by calculating the time elapsed between an individual’s entry into the U.S. Customs and Border Protection inspection area and such individual’s clearance by a U.S. Customs and Border Protection officer.
• (o)
  • (1) The Secretary may establish such other offices or positions of Assistant Commissioners (or other similar officers or officials) as the Secretary determines necessary to carry out the missions, duties, functions, and authorities of U.S. Customs and Border Protection.
  • (2) If the Secretary exercises the authority provided under paragraph (1), the Secretary shall notify the Committee on Homeland Security and the Committee on Ways and Means of the House of Representatives and the Committee on Homeland Security and Governmental Affairs and the Committee on Finance of the Senate not later than 30 days before exercising such authority.
• (p) The Commissioner shall, on and after February 24, 2016 , continue to submit to the Committee on Homeland Security and the Committee on Ways and Means of the House of Representatives and the Committee on Homeland Security and Governmental Affairs and the Committee on Finance of the Senate any report required, on the day before February 24, 2016 , to be submitted under any provision of law.
• (q) Nothing in this section may be construed as affecting in any manner the authority, existing on the day before February 24, 2016 , of any other Federal agency or component of the Department.
• (r) In this section, the terms “commercial operations”, “customs and trade laws of the United States”, “trade enforcement”, and “trade facilitation” have the meanings given such terms in section 4301 of title 19 .

§ 212. Retention of Customs revenue functions by Secretary of the Treasury

• (a)
  • (1) Notwithstanding section 203(a)(1) 1 1 So in original. Probably should be section “203(1)”. of this title, authority related to Customs revenue functions that was vested in the Secretary of the Treasury by law before the effective date of this chapter under those provisions of law set forth in paragraph (2) shall not be transferred to the Secretary by reason of this chapter, and on and after the effective date of this chapter, the Secretary of the Treasury may delegate any such authority to the Secretary at the discretion of the Secretary of the Treasury. The Secretary of the Treasury shall consult with the Secretary regarding the exercise of any such authority not delegated to the Secretary.
  • (2) The provisions of law referred to in paragraph (1) are the following: the Tariff Act of 1930 [ 19 U.S.C. 1202 et seq.]; section 249 of the Revised Statutes of the United States ( 19 U.S.C. 3 ); section 2 of the Act of March 4, 1923 ( 19 U.S.C. 6 ); section 13031 of the Consolidated Omnibus Budget Reconciliation Act of 1985 ( 19 U.S.C. 58c ); section 251 of the Revised Statutes of the United States ( 19 U.S.C. 66 ); section 1 of the Act of June 26, 1930 ( 19 U.S.C. 68 ); the Foreign Trade Zones Act ( 19 U.S.C. 81a et seq.); section 1 of the Act of March 2, 1911 ( 19 U.S.C. 198 ); the Trade Act of 1974 [ 19 U.S.C. 2101 et seq.]; the Trade Agreements Act of 1979; the North American Free Trade Area Implementation Act; the Uruguay Round Agreements Act; the Caribbean Basin Economic Recovery Act [ 19 U.S.C. 2701 et seq.]; the Andean Trade Preference Act [ 19 U.S.C. 3201 et seq.]; the African Growth and Opportunity Act [ 19 U.S.C. 3701 et seq.]; and any other provision of law vesting customs revenue functions in the Secretary of the Treasury.
• (b)
  • (1) Notwithstanding any other provision of this chapter, the Secretary may not consolidate, discontinue, or diminish those functions described in paragraph (2) performed by U.S. Customs and Border Protection (as established under section 211 of this title ) on or after the effective date of this chapter, reduce the staffing level, or reduce the resources attributable to such functions, and the Secretary shall ensure that an appropriate management structure is implemented to carry out such functions.
  • (2) The functions referred to in paragraph (1) are those functions performed by the following personnel, and associated support staff, of U.S. Customs and Border Protection on the day before the effective date of this chapter: Import Specialists, Entry Specialists, Drawback Specialists, National Import Specialist, Fines and Penalties Specialists, attorneys of the Office of Regulations and Rulings, Customs Auditors, International Trade Specialists, Financial Systems Specialists.
• (c) The Secretary of the Treasury is authorized to appoint up to 20 new personnel to work with personnel of the Department in performing customs revenue functions.

§ 213. Preservation of Customs funds

• (1) through
• (8) of section 58c(a) of title 19 may be transferred for use by any other agency or office in the Department.

§ 214. Separate budget request for Customs

The President shall include in each budget transmitted to Congress under section 1105 of title 31 a separate budget request for U.S. Customs and Border Protection.

§ 215. Definition

In this part, the term “customs revenue function” means the following:

• (1) Assessing and collecting customs duties (including antidumping and countervailing duties and duties imposed under safeguard provisions), excise taxes, fees, and penalties due on imported merchandise, including classifying and valuing merchandise for purposes of such assessment.
• (2) Processing and denial of entry of persons, baggage, cargo, and mail, with respect to the assessment and collection of import duties.
• (3) Detecting and apprehending persons engaged in fraudulent practices designed to circumvent the customs laws of the United States.
• (4) Enforcing section 1337 of title 19 and provisions relating to import quotas and the marking of imported merchandise, and providing Customs Recordations for copyrights, patents, and trademarks.
• (5) Collecting accurate import data for compilation of international trade statistics.
• (6) Enforcing reciprocal trade agreements.
• (7) Functions performed by the following personnel, and associated support staff, of the United States Customs Service on the day before the effective date of this chapter, and of U.S. Customs and Border Protection on the day before the effective date of the U.S. Customs and Border Protection Authorization Act: Import Specialists, Entry Specialists, Drawback Specialists, National Import Specialist, Fines and Penalties Specialists, attorneys of the Office of Regulations and Rulings, Customs Auditors, International Trade Specialists, Financial Systems Specialists.
• (8) Functions performed by the following offices, with respect to any function described in any of paragraphs (1) through (7), and associated support staff, of the United States Customs Service on the day before the effective date of this chapter, and of U.S. Customs and Border Protection on the day before the effective date of the U.S. Customs and Border Protection Authorization Act: the Office of Information and Technology, the Office of Laboratory Services, the Office of the Chief Counsel, the Office of Congressional Affairs, the Office of International Affairs, and the Office of Training and Development.

§ 217. Allocation of resources by the Secretary

• (a) The Secretary shall ensure that adequate staffing is provided to assure that levels of customs revenue services provided on the day before the effective date of this chapter shall continue to be provided.
• (b) The Secretary shall notify the Committee on Ways and Means of the House of Representatives and the Committee on Finance of the Senate at least 90 days prior to taking any action which would—
  • (1) result in any significant reduction in customs revenue services, including hours of operation, provided at any office within the Department or any port of entry;
  • (2) eliminate or relocate any office of the Department which provides customs revenue services; or
  • (3) eliminate any port of entry.
• (c) In this section, the term “customs revenue services” means those customs revenue functions described in paragraphs (1) through (6) and paragraph (8) of section 215 of this title .

§ 218. Asia-Pacific Economic Cooperation Business Travel Cards

• (a) The Commissioner of U.S. Customs and Border Protection is authorized to issue an Asia-Pacific Economic Cooperation Business Travel Card (referred to in this section as an “ABT Card”) to any individual described in subsection (b).
• (b) An individual described in this subsection is an individual who—
  • (1) is a citizen of the United States;
  • (2) has been approved and is in good standing in an existing international trusted traveler program of the Department; and
  • (3) is—
    • (A) engaged in business in the Asia-Pacific region, as determined by the Commissioner of U.S. Customs and Border Protection; or
    • (B) a United States Government official actively engaged in Asia-Pacific Economic Cooperation business, as determined by the Commissioner of U.S. Customs and Border Protection.
• (c) The Commissioner of U.S. Customs and Border Protection shall integrate application procedures for, and issuance, renewal, and revocation of, ABT Cards with existing international trusted traveler programs of the Department.
• (d) In carrying out this section, the Commissioner of U.S. Customs and Border Protection may consult with appropriate private sector entities and nongovernmental organizations, including academic institutions.
• (e)
  • (1) The Commissioner of U.S. Customs and Border Protection shall—
    • (A) prescribe and collect a fee for the issuance and renewal of ABT Cards; and
    • (B) adjust such fee to the extent the Commissioner determines necessary to comply with paragraph (2).
  • (2) The Commissioner of U.S. Customs and Border Protection shall ensure that the total amount of the fees collected under paragraph (1) during any fiscal year is sufficient to offset the direct and indirect costs associated with carrying out this section during such fiscal year, including the costs associated with operating and maintaining the ABT Card issuance and renewal processes.
  • (3) There is established in the Treasury of the United States an “Asia-Pacific Economic Cooperation Business Travel Card Account” into which the fees collected under paragraph (1) shall be deposited as offsetting receipts.
  • (4) Amounts deposited into the Asia Pacific 1 1 So in original. Probably should be “Asia-Pacific”. Economic Cooperation Business Travel Card Account established under paragraph (3) shall—
    • (A) be credited to the appropriate account of the 2 2 So in original. The word “the” probably should not appear. U.S. Customs and Border Protection for expenses incurred in carrying out this section; and
    • (B) remain available until expended.
• (f) The Commissioner of U.S. Customs and Border Protection shall notify the Committee on Homeland Security of the House of Representatives and the Committee on Homeland Security and Governmental Affairs of the Senate not later than 60 days after the expenditures of funds to operate and provide ABT Card services beyond the amounts collected under subsection (e)(1).
• (g) In this section, the term “trusted traveler program” means a voluntary program of the Department that allows U.S. Customs and Border Protection to expedite clearance of pre-approved, low-risk travelers arriving in the United States.

§ 220. Methamphetamine and methamphetamine precursor chemicals

• (a) As part of the annual performance plan required in the budget submission of the United States Customs and Border Protection under section 1115 of title 31 , the Commissioner shall establish performance indicators relating to the seizure of methamphetamine and methamphetamine precursor chemicals in order to evaluate the performance goals of the United States Customs and Border Protection with respect to the interdiction of illegal drugs entering the United States.
• (b)
  • (1) The Commissioner shall, on an ongoing basis, analyze the movement of methamphetamine and methamphetamine precursor chemicals into the United States. In conducting the analysis, the Commissioner shall—
    • (A) consider the entry of methamphetamine and methamphetamine precursor chemicals through ports of entry, between ports of entry, through international mails, and through international courier services;
    • (B) examine the export procedures of each foreign country where the shipments of methamphetamine and methamphetamine precursor chemicals originate and determine if changes in the country’s customs over time provisions would alleviate the export of methamphetamine and methamphetamine precursor chemicals; and
    • (C) identify emerging trends in smuggling techniques and strategies.
  • (2) Not later than September 30, 2007 , and each 2-year period thereafter, the Commissioner, in the consultation with the Attorney General, United States Immigration and Customs Enforcement, the United States Drug Enforcement Administration, and the United States Department of State, shall submit a report to the Committee on Finance of the Senate, the Committee on Foreign Relations of the Senate, the Committee on the Judiciary of the Senate, the Committee on Ways and Means of the House of Representatives, the Committee on International Relations of the House of Representatives, and the Committee on the Judiciary of the House of Representatives, that includes—
    • (A) a comprehensive summary of the analysis described in paragraph (1); and
    • (B) a description of how the Untied 1 1 So in original. States Customs and Border Protection utilized the analysis described in paragraph (1) to target shipments presenting a high risk for smuggling or circumvention of the Combat Methamphetamine Epidemic Act of 2005 ( Public Law 109–177 ).
  • (3) The Commissioner shall ensure that the analysis described in paragraph (1) is made available in a timely manner to the Secretary of State to facilitate the Secretary in fulfilling the Secretary’s reporting requirements in section 722 of the Combat Methamphetamine Epidemic Act of 2005.
• (c) In this section, the term “methamphetamine precursor chemicals” means the chemicals ephedrine, pseudoephedrine, or phenylpropanolamine, including each of the salts, optical isomers, and salts of optical isomers of such chemicals.

§ 221. Requirements with respect to administering polygraph examinations to law enforcement personnel of U.S. Customs and Border Protection

• (a) The Secretary of Homeland Security shall ensure that—
  • (1) by not later than 2 years after January 4, 2011 , all applicants for law enforcement positions with U.S. Customs and Border Protection (except as provided in subsection (b)) receive polygraph examinations before being hired for such a position; and
  • (2) by not later than 180 days after January 4, 2011 , U.S. Customs and Border Protection initiates all periodic background reinvestigations for all law enforcement personnel of U.S. Customs and Border Protection that should receive periodic background reinvestigations pursuant to relevant policies of U.S. Customs and Border Protection in effect on the day before January 4, 2011 .
• (b) The Commissioner of U.S. Customs and Border Protection may waive the polygraph examination requirement under subsection (a)(1) for any applicant who—
  • (1) is deemed suitable for employment;
  • (2) holds a current, active Top Secret/Sensitive Compartmented Information Clearance;
  • (3) has a current Single Scope Background Investigation;
  • (4) was not granted any waivers to obtain his or her clearance; and
  • (5) is a veteran (as defined in section 2108 of title 5 ).

§ 222. Advanced Training Center Revolving Fund

For fiscal year 2012 and thereafter, U.S. Customs and Border Protection’s Advanced Training Center is authorized to charge fees for any service and/or thing of value it provides to Federal Government or non-government entities or individuals, so long as the fees charged do not exceed the full costs associated with the service or thing of value provided: Provided , That notwithstanding section 3302(b) of title 31 , fees collected by the Advanced Training Center are to be deposited into a separate account entitled “Advanced Training Center Revolving Fund”, and be available, without further appropriations, for necessary expenses of the Advanced Training Center program, and are to remain available until expended.

§ 223. Border security metrics

• (a) In this section:
  • (1) The term “appropriate congressional committees” means—
    • (A) the Committee on Homeland Security and Governmental Affairs of the Senate; and
    • (B) the Committee on Homeland Security of the House of Representatives.
  • (2) The term “Consequence Delivery System” means the series of consequences applied by U.S. Border Patrol in collaboration with other Federal agencies to persons unlawfully entering the United States, in order to prevent unlawful border crossing recidivism.
  • (3) The term “got away” means an unlawful border crosser who—
    • (A) is directly or indirectly observed making an unlawful entry into the United States;
    • (B) is not apprehended; and
    • (C) is not a turn back.
  • (4) The term “known maritime migrant flow” means the sum of the number of undocumented migrants—
    • (A) interdicted in the waters over which the United States has jurisdiction;
    • (B) identified at sea either directly or indirectly, but not interdicted;
    • (C) if not described in subparagraph (A) or (B), who were otherwise reported, with a significant degree of certainty, as having entered, or attempted to enter, the United States through the maritime border.
  • (5) The term “major violator” means a person or entity that has engaged in serious criminal activities at any land, air, or sea port of entry, including the following:
    • (A) Possession of illicit drugs.
    • (B) Smuggling of prohibited products.
    • (C) Human smuggling.
    • (D) Possession of illegal weapons.
    • (E) Use of fraudulent documents.
    • (F) Any other offense that is serious enough to result in an arrest.
  • (6) The term “the Secretary” means the Secretary of Homeland Security.
  • (7) The term “situational awareness” means knowledge and understanding of current unlawful cross-border activity, including the following:
    • (A) Threats and trends concerning illicit trafficking and unlawful crossings.
    • (B) The ability to forecast future shifts in such threats and trends.
    • (C) The ability to evaluate such threats and trends at a level sufficient to create actionable plans.
    • (D) The operational capability to conduct persistent and integrated surveillance of the international borders of the United States.
  • (8) The term “transit zone” means the sea corridors of the western Atlantic Ocean, the Gulf of Mexico, the Caribbean Sea, and the eastern Pacific Ocean through which undocumented migrants and illicit drugs transit, either directly or indirectly, to the United States.
  • (9) The term “turn back” means an unlawful border crosser who, after making an unlawful entry into the United States, responds to United States enforcement efforts by returning promptly to the country from which such crosser entered.
  • (10) The term “unlawful border crossing effectiveness rate” means the percentage that results from dividing the number of apprehensions and turn backs by the sum of the number of apprehensions, estimated undetected unlawful entries, turn backs, and got aways.
  • (11) The term “unlawful entry” means an unlawful border crosser who enters the United States and is not apprehended by a border security component of the Department of Homeland Security.
• (b)
  • (1) Not later than 180 days after December 23, 2016 , the Secretary shall develop metrics, informed by situational awareness, to measure the effectiveness of security between ports of entry. The Secretary shall annually implement the metrics developed under this subsection, which shall include the following:
    • (A) Estimates, using alternative methodologies where appropriate, including recidivism data, survey data, known-flow data, and technologically-measured data, of the following:
      • (i) The rate of apprehension of attempted unlawful border crossers.
      • (ii) The number of detected unlawful entries.
      • (iii) The number of estimated undetected unlawful entries.
      • (iv) Turn backs.
      • (v) Got aways.
    • (B) A measurement of situational awareness achieved in each U.S. Border Patrol sector.
    • (C) An unlawful border crossing effectiveness rate in each U.S. Border Patrol sector.
    • (D) A probability of detection rate, which compares the estimated total unlawful border crossing attempts not detected by U.S. Border Patrol to the unlawful border crossing effectiveness rate under subparagraph (C), as informed by subparagraph (A).
    • (E) The number of apprehensions in each U.S. Border Patrol sector.
    • (F) The number of apprehensions of unaccompanied alien children, and the nationality of such children, in each U.S. Border Patrol sector.
    • (G) The number of apprehensions of family units, and the nationality of such family units, in each U.S. Border Patrol sector.
    • (H) An illicit drugs seizure rate for drugs seized by U.S. Border Patrol between ports of entry, which compares the ratio of the amount and type of illicit drugs seized between ports of entry in any fiscal year to the average of the amount and type of illicit drugs seized between ports of entry in the immediately preceding five fiscal years.
    • (I) Estimates of the impact of the Consequence Delivery System on the rate of recidivism of unlawful border crossers over multiple fiscal years.
    • (J) An examination of each consequence under the Consequence Delivery System referred to in subparagraph (I), including the following:
      • (i) Voluntary return.
      • (ii) Warrant of arrest or notice to appear.
      • (iii) Expedited removal.
      • (iv) Reinstatement of removal.
      • (v) Alien transfer exit program.
      • (vi) Criminal consequence program.
      • (vii) Standard prosecution.
      • (viii) Operation Against Smugglers Initiative on Safety and Security.
  • (2) To ensure that authoritative data sources are utilized in the development of the metrics described in paragraph (1), the Secretary shall—
    • (A) consult with the heads of the appropriate components of the Department of Homeland Security; and
    • (B) where appropriate, with the heads of other agencies, including the Office of Refugee Resettlement of the Department of Health and Human Services and the Executive Office for Immigration Review of the Department of Justice.
  • (3) The data collected to inform the metrics developed in accordance with paragraph (1) shall be collected and reported in a consistent and standardized manner across all U.S. Border Patrol sectors, informed by situational awareness.
• (c)
  • (1) Not later than 180 days after December 23, 2016 , the Secretary shall develop metrics, informed by situational awareness, to measure the effectiveness of security at ports of entry. The Secretary shall annually implement the metrics developed under this subsection, which shall include the following:
    • (A) Estimates, using alternative methodologies where appropriate, including recidivism data, survey data, and randomized secondary screening data, of the following:
      • (i) Total inadmissible travelers who attempt to, or successfully, enter the United States at a port of entry.
      • (ii) The rate of refusals and interdictions for travelers who attempt to, or successfully, enter the United States at a port of entry.
      • (iii) The number of unlawful entries at a port of entry.
    • (B) The amount and type of illicit drugs seized by the Office of Field Operations of U.S. Customs and Border Protection at ports of entry during the previous fiscal year.
    • (C) An illicit drugs seizure rate for drugs seized by the Office of Field Operations, which compares the ratio of the amount and type of illicit drugs seized by the Office of Field Operations in any fiscal year to the average of the amount and type of illicit drugs seized by the Office of Field Operations in the immediately preceding five fiscal years.
    • (D) The number of infractions related to travelers and cargo committed by major violators who are interdicted by the Office of Field Operations at ports of entry, and the estimated number of such infractions committed by major violators who are not so interdicted.
    • (E) In consultation with the heads of the Office of National Drug Control Policy and the United States Southern Command, a cocaine seizure effectiveness rate, which is the percentage resulting from dividing the amount of cocaine seized by the Office of Field Operations by the total estimated cocaine flow rate at ports of entry along the United States land border with Mexico and Canada.
    • (F) A measurement of how border security operations affect crossing times, including the following:
      • (i) A wait time ratio that compares the average wait times to total commercial and private vehicular traffic volumes at each land port of entry.
      • (ii) An infrastructure capacity utilization rate that measures traffic volume against the physical and staffing capacity at each land port of entry.
      • (iii) A secondary examination rate that measures the frequency of secondary examinations at each land port of entry.
      • (iv) An enforcement rate that measures the effectiveness of such secondary examinations at detecting major violators.
    • (G) A seaport scanning rate that includes the following:
      • (i) The number of all cargo containers that are considered potentially “high-risk”, as determined by the Executive Assistant Commissioner of the Office of Field Operations.
      • (ii) A comparison of the number of potentially high-risk cargo containers scanned by the Office of Field Operations at each sea port of entry during a fiscal year to the total number of high-risk cargo containers entering the United States at each such sea port of entry during the previous fiscal year.
      • (iii) The number of potentially high-risk cargo containers scanned upon arrival at a United States sea port of entry.
      • (iv) The number of potentially high-risk cargo containers scanned before arrival at a United States sea port of entry.
  • (2) To ensure that authoritative data sources are utilized in the development of the metrics described in paragraph (1), the Secretary shall—
    • (A) consult with the heads of the appropriate components of the Department of Homeland Security; and
    • (B) where appropriate, work with heads of other appropriate agencies, including the Office of Refugee Resettlement of the Department of Health and Human Services and the Executive Office for Immigration Review of the Department of Justice.
  • (3) The data collected to inform the metrics developed in accordance with paragraph (1) shall be collected and reported in a consistent and standardized manner across all United States ports of entry, informed by situational awareness.
• (d)
  • (1) Not later than 180 days after December 23, 2016 , the Secretary shall develop metrics, informed by situational awareness, to measure the effectiveness of security in the maritime environment. The Secretary shall annually implement the metrics developed under this subsection, which shall include the following:
    • (A) Situational awareness achieved in the maritime environment.
    • (B) A known maritime migrant flow rate.
    • (C) An illicit drugs removal rate for drugs removed inside and outside of a transit zone, which compares the amount and type of illicit drugs removed, including drugs abandoned at sea, by the maritime security components of the Department of Homeland Security in any fiscal year to the average of the amount and type of illicit drugs removed by such maritime components for the immediately preceding five fiscal years.
    • (D) In consultation with the heads of the Office of National Drug Control Policy and the United States Southern Command, a cocaine removal effectiveness rate for cocaine removed inside a transit zone and outside a transit zone, which compares the amount of cocaine removed by the maritime security components of the Department of Homeland Security by the total documented cocaine flow rate, as contained in Federal drug databases.
    • (E) A response rate, which compares the ability of the maritime security components of the Department of Homeland Security to respond to and resolve known maritime threats, whether inside or outside a transit zone, by placing assets on-scene, to the total number of events with respect to which the Department has known threat information.
    • (F) An intergovernmental response rate, which compares the ability of the maritime security components of the Department of Homeland Security or other United States Government entities to respond to and resolve actionable maritime threats, whether inside or outside a transit zone, with the number of such threats detected.
  • (2) To ensure that authoritative data sources are utilized in the development of the metrics described in paragraph (1), the Secretary shall—
    • (A) consult with the heads of the appropriate components of the Department of Homeland Security; and
    • (B) where appropriate, work with the heads of other agencies, including the Drug Enforcement Agency, the Department of Defense, and the Department of Justice.
  • (3) The data used by the Secretary shall be collected and reported in a consistent and standardized manner by the maritime security components of the Department of Homeland Security, informed by situational awareness.
• (e)
  • (1) Not later than 180 days after December 23, 2016 , the Secretary shall develop metrics, informed by situational awareness, to measure the effectiveness of the aviation assets and operations of Air and Marine Operations of U.S. Customs and Border Protection. The Secretary shall annually implement the metrics developed under this subsection, which shall include the following:
    • (A) A flight hour effectiveness rate, which compares Air and Marine Operations flight hours requirements to the number of flight hours flown by Air and Marine Operations.
    • (B) A funded flight hour effectiveness rate, which compares the number of funded flight hours appropriated to Air and Marine Operations to the number of actual flight hours flown by Air and Marine Operations.
    • (C) A readiness rate, which compares the number of aviation missions flown by Air and Marine Operations to the number of aviation missions cancelled by Air and Marine Operations due to maintenance, operations, or other causes.
    • (D) The number of missions cancelled by Air and Marine Operations due to weather compared to the total planned missions.
    • (E) The number of individuals detected by Air and Marine Operations through the use of unmanned aerial systems and manned aircraft.
    • (F) The number of apprehensions assisted by Air and Marine Operations through the use of unmanned aerial systems and manned aircraft.
    • (G) The number and quantity of illicit drug seizures assisted by Air and Marine Operations through the use of unmanned aerial systems and manned aircraft.
    • (H) The number of times that actionable intelligence related to border security was obtained through the use of unmanned aerial systems and manned aircraft.
  • (2) To ensure that authoritative data sources are utilized in the development of the metrics described in paragraph (1), the Secretary shall—
    • (A) consult with the heads of the appropriate components of the Department of Homeland Security; and
    • (B) as appropriate, work with the heads of other departments and agencies, including the Department of Justice.
  • (3) The data collected to inform the metrics developed in accordance with paragraph (1) shall be collected and reported in a consistent and standardized manner by Air and Marine Operations, informed by situational awareness.
• (f) The Secretary shall—
  • (1) in accordance with applicable privacy laws, make data related to apprehensions, inadmissible aliens, drug seizures, and other enforcement actions available to the public, law enforcement communities, and academic research communities; and
  • (2) provide the Office of Immigration Statistics of the Department of Homeland Security with unfettered access to the data referred to in paragraph (1).
• (g)
  • (1)
    • (A) The Secretary shall submit to the appropriate congressional committees and the Comptroller General of the United States an annual report containing the metrics required under this section and the data and methodology used to develop such metrics.
    • (B) The Secretary, for the purpose of validation and verification, may submit the annual report described in subparagraph (A) to—
      • (i) the Center for Borders, Trade, and Immigration Research of the Centers of Excellence network of the Department of Homeland Security;
      • (ii) the head of a national laboratory within the Department of Homeland Security laboratory network with prior expertise in border security; and
      • (iii) a Federally Funded Research and Development Center.
  • (2) Not later than 270 days after receiving the first report under paragraph (1)(A) and biennially thereafter for the following ten years with respect to every other such report, the Comptroller General of the United States shall submit to the appropriate congressional committees a report that—
    • (A) analyzes the suitability and statistical validity of the data and methodology contained in each such report; and
    • (B) includes recommendations on—
      • (i) the feasibility of other suitable metrics that may be used to measure the effectiveness of border security; and
      • (ii) improvements that need to be made to the metrics being used to measure the effectiveness of border security.
  • (3) Not later than 60 days after the end of each fiscal year through fiscal year 2026, the Secretary shall submit to the appropriate congressional committees a “State of the Border” report that—
    • (A) provides trends for each metric under this section for the last ten fiscal years, to the greatest extent possible;
    • (B) provides selected analysis into related aspects of illegal flow rates, including undocumented migrant flows and stock estimation techniques;
    • (C) provides selected analysis into related aspects of legal flow rates; and
    • (D) includes any other information that the Secretary determines appropriate.
  • (4)
    • (A) After submitting the tenth report to the Comptroller General under paragraph (1), the Secretary may reevaluate and update any of the metrics developed in accordance with this section to ensure that such metrics are suitable to measure the effectiveness of border security.
    • (B) Not later than 30 days before updating the metrics pursuant to subparagraph (A), the Secretary shall notify the appropriate congressional committees of such updates.

§ 231. Transfer of certain agricultural inspection functions of the Department of Agriculture

• (a) 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) The 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.).
  • (2) Section 1 of the Act of August 31, 1922 (commonly known as the Honeybee Act; 7 U.S.C. 281 ).
  • (3) Title III of the Federal Seed Act ( 7 U.S.C. 1581 et seq.).
  • (4) The Plant Protection Act ( 7 U.S.C. 7701 et seq.).
  • (5) The Animal Health Protection Act (subtitle E of title X of Public Law 107–171 ; 7 U.S.C. 8301 et seq.).
  • (6) The Lacey Act Amendments of 1981 ( 16 U.S.C. 3371 et seq.).
  • (7) Section 11 of the Endangered Species Act of 1973 ( 16 U.S.C. 1540 ).
• (c) For purposes of this section, the term “functions” does not include any quarantine activities carried out under the laws specified in subsection (b).
• (d)
  • (1) 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) 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) The Secretary, in consultation with the Secretary of Agriculture, may issue such directives and guidelines as are necessary to ensure the effective use of personnel of the Department of Homeland Security to carry out the functions transferred pursuant to subsection (a).
• (e)
  • (1) Before the end of the transition period, as defined in section 541 of this title , the Secretary of Agriculture and the Secretary shall enter into an agreement to effectuate the transfer of functions required by subsection (a) of this section. The Secretary of Agriculture and the Secretary may jointly revise the agreement as necessary thereafter.
  • (2) The 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) The 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)
  • (1) 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) 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) 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.

§ 232. Functions of Administrator of General Services

• (a) 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)
  • (1) Nothing 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
    • (B) to authorize the Secretary or any other official in the Department to obligate amounts in the Federal Buildings Fund established by section 592 of title 40 .
  • (2) 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.

§ 233. Functions of Transportation Security Administration

• (a) 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 the Department for the purpose of consulting with the Administrator of the Federal Aviation Administration.
• (b) 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)
  • (1) 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 the Secretary of Transportation under chapter 449 of title 49 on the day before November 25, 2002 .
  • (2) Nothing in this chapter may be construed to authorize the Secretary or any other official in the Department to obligate amounts made available under section 48103 of title 49 .

§ 234. Preservation of Transportation Security Administration as a distinct entity

Notwithstanding any other provision of this chapter, the Transportation Security Administration shall be maintained as a distinct entity within the Department.

§ 235. Coordination of information and information technology

• (a) In this section, the term “affected agency” means—
  • (1) the Department;
  • (2) the Department of Agriculture;
  • (3) the Department of Health and Human Services; and
  • (4) any other department or agency determined to be appropriate by the Secretary.
• (b) 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) Not 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.

§ 236. Visa issuance

• (a) In this subsection, 1 1 So in original. Probably should be “section”. the term “consular office” 2 2 So in original. Probably should be “ ‘consular officer’ ”. has the meaning given that term under section 101(a)(9) of the Immigration and Nationality Act ( 8 U.S.C. 1101(a)(9) ).
• (b) Notwithstanding 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)
  • (1) 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 United States.
  • (2) Nothing 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:
    • (A) Section 101(a)(15)(A) of the Immigration and Nationality Act ( 8 U.S.C. 1101(a)(15)(A) ).
    • (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).
    • (C) Section 212(a)(3)(B)(i)(IV)(bb) of the Immigration and Nationality Act ( 8 U.S.C. 1182(a)(3)(B)(i)(IV)(bb) ).
    • (D) Section 212(a)(3)(B)(i)(VI) of the Immigration and Nationality Act ( 8 U.S.C. 1182(a)(3)(B)(i)(VI) ).
    • (E) Section 212(a)(3)(B)(vi)(II) of the Immigration and Nationality Act ( 8 U.S.C. 1182(a)(3)(B)(vi)(II) ).
    • (F) Section 212(a)(3)(C) of the Immigration and Nationality Act ( 8 U.S.C. 1182(a)(3)(C) ).
    • (G) Section 212(a)(10)(C) of the Immigration and Nationality Act ( 8 U.S.C. 1182(a)(10)(C) ).
    • (H) Section 212(f) of the Immigration and Nationality Act ( 8 U.S.C. 1182(f) ).
    • (I) Section 219(a) of the Immigration and Nationality Act ( 8 U.S.C. 1189(a) ).
    • (J) Section 237(a)(4)(C) of the Immigration and Nationality Act ( 8 U.S.C. 1227(a)(4)(C) ).
    • (K) Section 401 of the Cuban Liberty and Democratic Solidarity (LIBERTAD) Act of 1996 [ 22 U.S.C. 6091 ].
    • (L) Section 613 of the Departments of Commerce, Justice, and State, the Judiciary and Related Agencies Appropriations Act, 1999 3 3 See References in Text note below. (as contained in section 101(b) of division A of Public Law 105–277 ) (Omnibus Consolidated and Emergency Supplemental Appropriations Act, 1999); 112 Stat. 2681 ; H.R. 4328 (originally H.R. 4276) as amended by section 617 of Public Law 106–553 .
    • (M) Section 103(f) of the Chemical Weapon Convention Implementation Act of 1998 [ 22 U.S.C. 6713(f) ] ( 112 Stat. 2681–865 ).
    • (N) Section 801 of H.R. 3427, the Admiral James W. Nance and Meg Donovan Foreign Relations Authorization Act, Fiscal Years 2000 and 2001 [ 8 U.S.C. 1182e ], as enacted by reference in Public Law 106–113 .
    • (O) Section 568 of the Foreign Operations, Export Financing, and Related Programs Appropriations Act, 2002 ( Public Law 107–115 ).
    • (P) Section 51 of the State Department Basic Authorities Act of 1956 ( 22 U.S.C. 2723 ).
• (d)
  • (1) Nothing 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
    • (B) the authority of a chief of mission under section 207 of the Foreign Service Act of 1980 ( 22 U.S.C. 3927 ).
  • (2) 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)
  • (1) 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 promote homeland security.
  • (2) Employees 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) 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) 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) When appropriate, employees of the Department assigned to perform functions described in paragraph (2) may be assigned permanently to overseas diplomatic or consular posts with country-specific or regional responsibility. If the Secretary so directs, any such employee, when present at an overseas post, shall participate in the terrorist lookout committee established under section 304 of the Enhanced Border Security and Visa Entry Reform Act of 2002 ( 8 U.S.C. 1733 ).
  • (6)
    • (A) 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) 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) Not 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) This 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) 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)
  • (1) The 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) 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 4 So in original. Probably should be “Governmental”. Affairs of the Senate.
• (h) 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) 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.

§ 237. Information on visa denials required to be entered into electronic data system

• (a) 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) In 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).

§ 238. Office for Domestic Preparedness

• (a) There is established in the Department an Office for Domestic Preparedness.
• (b) There shall be a Director of the Office for Domestic Preparedness, who shall be appointed by the President.
• (c) The 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 States for 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
  • (9) helping to ensure the acquisition of interoperable communication technology by State and local governments and emergency response providers.
• (d) 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 of personnel, assets, and budget before September 11, 2001 .

§ 239. Office of Cargo Security Policy

• (a) There is established within the Department an Office of Cargo Security Policy (referred to in this section as the “Office”).
• (b) The 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)
  • (1) The Office shall be headed by a Director, who shall—
    • (A) be appointed by the Secretary; and
    • (B) report to the Assistant Secretary for Policy.
  • (2) The 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.

§ 240. Border Enforcement Security Task Force

• (a) 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) The 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 homeland security information among such agencies.
• (c)
  • (1) BEST 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;
    • (D) other Department personnel, as appropriate 1 1 So in original. Probably should be followed by a semicolon.
    • (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) The 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) 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) After 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, and technological costs associated with the participation of Federal, State, local, and tribal law enforcement agencies in BEST.
• (e) 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.

§ 241. Prevention of international child abduction

• (a) The 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)
  • (1) The 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) The 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.

§ 242. Department of Homeland Security Blue Campaign

• (a) In this section, the term “human trafficking” means an act or practice described in paragraph (9) or (10) 1 1 See References in Text note below. of section 7102 of title 22 .
• (b) There is established within the Department a program, which shall be known as the “Blue Campaign”. The Blue Campaign shall be headed by a Director, who shall be appointed by the Secretary.
• (c) The purpose of the Blue Campaign shall be to unify and coordinate Department efforts to address human trafficking.
• (d) The Secretary, working through the Director, shall, in accordance with subsection (e)—
  • (1) issue Department-wide guidance to appropriate Department personnel;
  • (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) The Blue Campaign shall provide guidance and training to Department personnel and other Federal, State, tribal, and law enforcement personnel, as appropriate, regarding—
  • (1) programs to help identify instances of human trafficking;
  • (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—
    • (A) individuals suspected or convicted of human trafficking; and
    • (B) patterns and practices of human trafficking;
  • (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) utilizing resources, such as indicator cards, fact sheets, pamphlets, posters, brochures, and radio and television campaigns to—
    • (A) educate partners and stakeholders; and
    • (B) increase public awareness of human trafficking;
  • (7) leveraging partnerships with State and local governmental, nongovernmental, and private sector organizations to raise public awareness of human trafficking; and
  • (8) any other activities the Secretary determines necessary to carry out the Blue Campaign.

§ 243. Maritime operations coordination plan

• (a) Not 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) Each 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.

§ 244. Maritime security capabilities assessments

Not later than 180 days after October 5, 2018 , and annually thereafter, the Secretary shall submit 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, an assessment of the number and type of maritime assets and the number of personnel required to increase the Department’s maritime response rate pursuant to section 223 of this title .

§ 251. 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 all personnel, 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.

§ 252. Establishment of Bureau of Border Security

• (a)
  • (1) There shall be in the Department of Homeland Security a bureau to be known as the “Bureau of Border Security”.
  • (2) The head of the Bureau of Border Security shall be the Assistant Secretary of the Bureau of Border Security, who—
    • (A) shall report directly to the Under Secretary for Border and Transportation Security; and
    • (B) shall have a minimum of 5 years professional experience in law enforcement, and a minimum of 5 years of management experience.
  • (3) The Assistant Secretary of the Bureau of Border Security—
    • (A) shall establish the policies for performing such functions as are—
      • (i) transferred to the Under Secretary for Border and Transportation Security by section 251 of this title and delegated to the Assistant Secretary by the Under Secretary for Border and Transportation Security; or
      • (ii) otherwise vested in the Assistant Secretary by law;
    • (B) shall oversee the administration of such policies; and
    • (C) shall advise the Under Secretary for Border and Transportation Security with respect to any policy or operation of the Bureau of Border Security that may affect the Bureau of Citizenship and Immigration Services established under part E of this subchapter, including potentially conflicting policies or operations.
  • (4) The Assistant Secretary of the Bureau of Border Security shall be responsible for administering the program to collect information relating to nonimmigrant foreign students and other exchange program participants described in section 1372 of title 8 , including the Student and Exchange Visitor Information System established under that section, and shall use such information to carry out the enforcement functions of the Bureau.
  • (5)
    • (A) Not later than 1 year after the date on which the transfer of functions specified under section 251 of this title takes effect, the Assistant Secretary of the Bureau of Border Security 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 local office of such bureau.
    • (B) Not later than 2 years after the date on which the transfer of functions specified under section 251 of this title takes effect, the Secretary shall submit a report to the Congress on the implementation of such program.
• (b)
  • (1) There shall be a position of Chief of Policy and Strategy for the Bureau of Border Security.
  • (2) In consultation with Bureau of Border Security personnel in local offices, the Chief of Policy and Strategy shall be responsible for—
    • (A) making policy recommendations and performing policy research and analysis on immigration enforcement issues; and
    • (B) coordinating immigration policy issues with the Chief of Policy and Strategy for the Bureau of Citizenship and Immigration Services (established under part E of this subchapter), as appropriate.
• (c) There shall be a principal legal advisor to the Assistant Secretary of the Bureau of Border Security. The legal advisor shall provide specialized legal advice to the Assistant Secretary of the Bureau of Border Security and shall represent the bureau in all exclusion, deportation, and removal proceedings before the Executive Office for Immigration Review.

§ 253. Professional responsibility and quality review

The Secretary shall be responsible for—

• (1) conducting investigations of noncriminal allegations of misconduct, corruption, and fraud involving any employee of U.S. Immigration and Customs Enforcement that are not subject to investigation by the Inspector General for the Department;
• (2) inspecting the operations of U.S. Immigration and Customs Enforcement 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 U.S. Immigration and Customs Enforcement.

§ 254. Employee discipline

Notwithstanding any other provision of law, the Secretary may impose disciplinary action on any employee of U.S. Immigration and Customs Enforcement and U.S. Customs and Border Protection who willfully deceives Congress or agency leadership on any matter.

§ 255. Report on improving enforcement functions

• (a) The Secretary, not later than 1 year after being sworn into office, shall submit to the Committees on Appropriations and the Judiciary of the House of Representatives and of the Senate a report with a plan detailing how the Bureau of Border Security, after the transfer of functions specified under section 251 of this title takes effect, will enforce comprehensively, effectively, and fairly all the enforcement provisions of the Immigration and Nationality Act ( 8 U.S.C. 1101 et seq.) relating to such functions.
• (b) In carrying out subsection (a), the Secretary of Homeland Security shall consult with the Attorney General, the Secretary of State, the Director of the Federal Bureau of Investigation, the Secretary of the Treasury, the Secretary of Labor, the Commissioner of Social Security, the Director of the Executive Office for Immigration Review, and the heads of State and local law enforcement agencies to determine how to most effectively conduct enforcement operations.

§ 256. Sense of Congress regarding construction of fencing near San Diego, California

It is the sense of the Congress that completing the 14-mile border fence project required to be carried out under section 102(b) of the Illegal Immigration Reform and Immigrant Responsibility Act of 1996 ( 8 U.S.C. 1103 note) should be a priority for the Secretary.

§ 257. Report

• (a) The Secretary of Homeland Security shall submit an annual report to the congressional committees set forth in subsection (b) that includes a description of—
  • (1) the cross-border tunnels along the border between Mexico and the United States discovered during the preceding fiscal year; and
  • (2) the needs of the Department of Homeland Security to effectively prevent, investigate and prosecute border tunnel construction along the border between Mexico and the United States.
• (b) The congressional committees set forth in this subsection are—
  • (1) the Committee on Homeland Security and Governmental Affairs of the Senate;
  • (2) the Committee on the Judiciary of the Senate;
  • (3) the Committee on Appropriations of the Senate;
  • (4) the Committee on Homeland Security of the House of Representatives;
  • (5) the Committee on the Judiciary of the House of Representatives; and
  • (6) the Committee on Appropriations of the House of Representatives.

§ 271. Establishment of Bureau of Citizenship and Immigration Services

• (a)
  • (1) There shall be in the Department a bureau to be known as the “Bureau of Citizenship and Immigration Services”.
  • (2) The 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) The 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)
    • (A) Not later than 1 year after the effective date specified in section 455, 1 1 See References in Text note below. 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) Not later than 2 years after the effective date specified in section 455, 1 the Secretary shall submit a report to Congress on the implementation of such program.
  • (5) 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) In 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)
  • (1) There shall be a position of Chief of Policy and Strategy for the Bureau of Citizenship and Immigration Services.
  • (2) In 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)
  • (1) There shall be a principal legal advisor to the Director of the Bureau of Citizenship and Immigration Services.
  • (2) The 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)
  • (1) There shall be a Budget Officer for the Bureau of Citizenship and Immigration Services.
  • (2)
    • (A) The 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)
  • (1) There shall be a position of Chief of the Office of Citizenship for the Bureau of Citizenship and Immigration Services.
  • (2) 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.

§ 272. Citizenship and Immigration Services Ombudsman

• (a) 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) It 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)
  • (1) Not 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) 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) The 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)
  • (1) The 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) 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) 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)
  • (1) Each 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) 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.

§ 273. Professional responsibility and quality review

• (a) The 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) In 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.

§ 274. 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.

§ 275. Transition

• (a) With respect to any function transferred by this part to, and exercised on or after the effective date specified in section 455 1 1 See References in Text note below. 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)
  • (1) 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) The personnel of the Department of Justice employed in connection with the functions 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 the functions 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

§ 276. Report on improving immigration services

• (a) 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) For 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) In carrying out subsection (a), the Secretary shall consult with the Secretary of State, 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.

§ 277. 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.

§ 278. Application of Internet-based technologies

• (a) 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)
  • (1) 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) A report on the study under this subsection shall be submitted to the Committees on the Judiciary of the House of Representatives and the Senate not later than 1 year after the effective date of this chapter.
• (c)
  • (1) The 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).
  • (2) 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).

§ 279. Children’s affairs

• (a) 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)
  • (1) Pursuant 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;
    • (D) implementing the placement determinations;
    • (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) In 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) 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) 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) 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.
• (d) Notwithstanding section 4, 1 1 See References in Text note below. this section shall take effect on the date on which the transfer of functions specified under section 251 of this title takes effect.
• (e) With 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)
  • (1) 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) 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) The personnel of the Department of Justice employed in connection with the functions 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) As used in this section—
  • (1) the term “placement” means the placement of an unaccompanied alien child in either a detention facility or an alternative to such a facility; and
  • (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.

§ 291. Abolishment of INS

• (a) 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) The authority provided by section 542 of this title may be used to reorganize functions 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.

§ 292. Voluntary separation incentive payments

• (a) For 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
  • (3) the term “transfer date” means the date on which the transfer of functions specified under section 251 of this title takes effect.
• (b) Before 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
  • (3) the information specified in section 663(b)(2) of Public Law 104–208 ( 5 U.S.C. 5597 note).
• (c) The 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—
    • (A) the amount the employee would be entitled to receive under section 5595(c) of title 5 ; or
    • (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 ,
  • (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)
  • (1) 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) The amount required under this paragraph shall, for any fiscal year, be the amount under subparagraph (A) or (B), whichever is greater.
    • (A) 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) 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) 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) In this subsection, the term “final basic pay” means, with respect to an employee, 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) 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 the transfer 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)
  • (1) Voluntary separations under this section are not intended to necessarily reduce the total number of full-time equivalent positions in any covered entity.
  • (2) 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.

§ 293. Authority to conduct a demonstration project relating to disciplinary action

• (a) 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) A 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) Under 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) 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) Employees 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.
• (f) 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.
• (g) In this section, the term “covered entity” has the meaning given such term in section 292(a)(2) of this title .

§ 294. 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 .

§ 295. Director of Shared Services

• (a) Within the Office of Deputy Secretary, there shall be a Director of Shared Services.
• (b) The 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
  • (3) forms management.

§ 296. Separation of funding

• (a) There shall be established separate accounts in the Treasury of the United States for appropriated funds and other deposits available for the Bureau of Citizenship and Immigration Services and the Bureau of Border Security.
• (b) 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 Budget shall separate the budget requests for each such entity.
• (c) 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) 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 .

§ 297. Reports and implementation plans

• (a) 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) 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)
  • (1) 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) The 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.
    • (B) Chain of command.
    • (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.
    • (F) Recommendations for conforming amendments to the Immigration and Nationality Act ( 8 U.S.C. 1101 et seq.).
    • (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)
  • (1) Not later than 18 months after the date on which the transfer of functions specified 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 Representatives and 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) Not later than 4 years after the date on which the transfer of functions specified 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:
      • (i) Operations.
      • (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) 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.

§ 298. Immigration functions

• (a)
  • (1) 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) The 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) It 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.

§ 301. Fee agreements for certain services at ports of entry

• (a) Notwithstanding 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) 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) 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)
  • (1) The 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 States derived 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) 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)
  • (1) 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) 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) In 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) 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)
  • (1) If 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) 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)
  • (1) 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) 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) The 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)
  • (1) Funds 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) 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 1 So in original. Probably should be “Protection”. services. No interest shall be owed upon the return of any such unused funds.
• (j)
  • (1) 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) 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) 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) The 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) 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.

§ 301a. Port of entry donation authority

• (a)
  • (1) The 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 land port of entry.
    • (C) A new Federal Government-owned land port of entry if—
      • (i) the fair market value of the donation is $50,000,000 or less; and
      • (ii) the fair market value, including any personal and real property donations in total, of such port of entry when completed, is $50,000,000 or less.
  • (2) 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) Donations 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 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)
  • (1) Subject to paragraph (3), the Commissioner of U.S. Customs and Border Protection, and the Administrator of the General Services Administration, 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 $50,000,000 or less; and
      • (ii) the fair market value, including any personal and real property donations in total, of such port of entry when completed, is $50,000,000 or less.
  • (2) Donations 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 1 So in original. 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) 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)
    • (A) The authority to enter into an agreement under this subsection shall terminate on the date that is 4 years after December 16, 2016 .
    • (B) The termination date referred to in subparagraph (A) shall not apply to carrying out the terms of an agreement under this subsection if such agreement is entered into before such termination date.
• (c)
  • (1) 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) In 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)
    • (A) The 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) Criteria 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)
      • (i)
        • (I) 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) If the Commissioner of U.S. Customs and Border Protection determines that a proposal is incomplete, the Commissioner shall—
      • (ii) Not 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) 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) 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 donor with respect to any donation provided under such subsections that is returned pursuant to this subsection.
  • (6)
    • (A) 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) Before 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 the donation will not be used for the construction of a detention facility or a border fence or wall.
  • (7) The 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) The Comptroller General of the United States shall submit an annual report to the congressional committees referred to in subsection (c)(7) that evaluates—
  • (1) fee agreements entered into pursuant to section 301 of this title ;
  • (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) Decisions of the Commissioner of U.S. Customs and Border Protection and the Administrator of the General Services Administration 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) 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.

§ 301b. 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 .

§ 301c. Definitions

In this part:

• (1) The term “donor” means any entity that is proposing to make a donation under this chapter.
• (2) The term “entity” means any—
  • (A) person;
  • (B) partnership, corporation, trust, estate, cooperative, association, or any other organized group of persons;
  • (C) Federal, State or local government (including any subdivision, agency or instrumentality thereof); or
  • (D) any other private or governmental entity.

§ 311. Definitions

In this subchapter—

• (1) the term “Administrator” means the Administrator of the Agency;
• (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 ;
• (5) the term “Federal coordinating officer” means a Federal coordinating officer as described in section 5143 of title 42 ;
• (6) the term “interoperable” has the meaning given the term “interoperable communications” under section 194(g)(1) of this title ;
• (7) the term “National Incident Management System” means a system to enable effective, efficient, and collaborative incident management;
• (8) the term “National Response Plan” means the National Response Plan or any successor plan prepared under section 314(a)(6) 1 1 See References in Text note below. of this title;
• (9) the term “Regional Administrator” means a Regional Administrator appointed under section 317 of this title ;
• (10) the term “Regional Office” means a Regional Office established under section 317 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;
• (13) the term “tribal government” means the government of any entity described in section 101(13)(B) of this title ; and
• (14) the terms “typed” and “typing” mean having evaluated, or evaluating, respectively, a resource in accordance with standards created under section 320 of this title .

§ 312. 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.

§ 313. Federal Emergency Management Agency

• (a) There is in the Department the Federal Emergency Management Agency, headed by an Administrator.
• (b)
  • (1) 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 of terrorism, 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) In 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;
    • (B) partner with State, local, and tribal governments and emergency response providers, with other Federal agencies, with the private sector, and with nongovernmental organizations to build a national system of emergency management that can effectively and efficiently utilize the full measure of the Nation’s resources to respond to 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;
    • (E) develop and maintain robust Regional Offices that will work with State, local, and tribal governments, emergency response providers, and other appropriate entities to identify and address regional priorities;
    • (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.
• (c)
  • (1) The Administrator shall be appointed by the President, by and with the advice and consent of the Senate.
  • (2) The 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.
  • (3) The Administrator shall report to the Secretary, without being required to report through any other official of the Department.
  • (4)
    • (A) The Administrator is the principal advisor to the President, the Homeland Security Council, and the Secretary for all matters relating to emergency management in the United States.
    • (B)
      • (i) 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, the Homeland 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) 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) After informing the Secretary, the Administrator may make such recommendations to Congress relating to emergency management as the Administrator considers appropriate.
  • (5)
    • (A) 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) Nothing in this paragraph shall be construed as affecting the authority of the Secretary under this chapter.