SUBCHAPTER IV—BORDER, MARITIME, AND TRANSPORTATION SECURITY
Editorial Notes
Codification
Part A—Border, Maritime, and Transportation Security Responsibilities and Functions
Editorial Notes
Codification
§201. Repealed. Pub. L. 114–125, title VIII, §802(g)(2), Feb. 24, 2016, 130 Stat. 212
Section,
§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
(4) Establishing and administering rules, in accordance with
(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
(8) In carrying out the foregoing responsibilities, ensuring the speedy, orderly, and efficient flow of lawful traffic and commerce.
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Editorial Notes
References in Text
Part C of this subchapter, referred to in par. (6), was in the original "subtitle C", meaning subtitle C (§421 et seq.) of title IV of
The customs laws of the United States, referred to in par. (6), are classified generally to Title 19, Customs Duties.
Amendments
2016—
§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.
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§204. Surface Transportation Security Advisory Committee
(a) Establishment
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) Duties
(1) In general
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) Risk-based security
The Advisory Committee shall consider risk-based security approaches in the performance of its duties.
(c) Membership
(1) Composition
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) Appointment
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) Chairperson
The Advisory Committee shall select a chairperson from among its voting members.
(4) Term of office
(A) Terms
(i) In general
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) Reappointment
A voting member of the Advisory Committee may be reappointed.
(B) Removal
(i) In general
The Administrator may review the participation of a member of the Advisory Committee and remove such member for cause at any time.
(ii) Access to information
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) Prohibition on compensation
The members of the Advisory Committee shall not receive any compensation from the Government by reason of their service on the Advisory Committee.
(6) Meetings
(A) In general
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) Public meetings
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) Attendance
The Advisory Committee shall maintain a record of the persons present at each meeting.
(D) Minutes
(i) In general
Unless otherwise prohibited by other Federal law, minutes of the meetings shall be published on the public website under subsection (e)(5).
(ii) Protection of classified and sensitive information
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) Voting member access to classified and sensitive security information
(A) Determinations
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) Access
(i) Sensitive security information
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) Classified information
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) Protections
(i) Sensitive security information
Voting members shall protect sensitive security information in accordance with part 1520 of title 49, Code of Federal Regulations.
(ii) Classified information
Voting members shall protect classified information in accordance with the applicable requirements for the particular level of classification.
(8) Joint committee meetings
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
(B) Maritime Security Advisory Committee established under
(C) Railroad Safety Advisory Committee established by the Federal Railroad Administration.
(9) Subject matter experts
The Advisory Committee may request the assistance of subject matter experts with expertise related to the jurisdiction of the Advisory Committee.
(d) Reports
(1) Periodic reports
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) Annual report
(A) Submission
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) Publication
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
(e) Administration response
(1) Consideration
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) Feedback
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) Notices
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) Updates
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) Website
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) Nonapplicability of FACA
The Federal Advisory Committee Act (5 U.S.C. App.) 1 shall not apply to the Advisory Committee or any subcommittee established under this section.
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Editorial Notes
References in Text
Executive Order 13526, referred to in subsec. (c)(7)(B)(ii), is set out as a note under
The Federal Advisory Committee Act, referred to in subsec. (f), is
Statutory Notes and Related Subsidiaries
Surface Transportation Security Advisory Committee Members
"(1)
"(2)
1 See References in Text note below.
§205. Ombudsman for immigration detention
(a) In general
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) Functions
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) Access to detention facilities
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) Coordination with department components
(1) In general
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) Access to information
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) Annual report
The Ombudsman shall prepare a report to Congress on an annual basis on its activities, findings, and recommendations.
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Part B—U.S. Customs and Border Protection
Editorial Notes
Codification
§211. Establishment of U.S. Customs and Border Protection; Commissioner, Deputy Commissioner, and operational offices
(a) In general
There is established in the Department an agency to be known as U.S. Customs and Border Protection.
(b) Commissioner of U.S. Customs and Border Protection
(1) In general
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) Committee referral
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) Duties
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
(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
(11) enforce and administer the laws relating to agricultural import and entry inspection referred to in
(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 (
(B) the Customs–Trade Partnership Against Terrorism program under subtitle B of title II of such Act (
(15) conduct polygraph examinations in accordance with
(16) establish the standard operating procedures described in subsection (k);
(17) carry out the training required under subsection (l);
(18) carry out
(19) carry out other duties and powers prescribed by law or delegated by the Secretary.
(d) Deputy Commissioner
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) U.S. Border Patrol
(1) In general
There is established in U.S. Customs and Border Protection the U.S. Border Patrol.
(2) Chief
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) Duties
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) Air and Marine Operations
(1) In general
There is established in U.S. Customs and Border Protection an office known as Air and Marine Operations.
(2) Executive Assistant Commissioner
There shall be at the head of Air and Marine Operations an Executive Assistant Commissioner, who shall report to the Commissioner.
(3) Duties
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) Air and Marine Operations Center
(A) In general
There is established in Air and Marine Operations an Air and Marine Operations Center.
(B) Executive Director
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) Duties
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) Office of Field Operations
(1) In general
There is established in U.S. Customs and Border Protection an Office of Field Operations.
(2) Executive Assistant Commissioner
There shall be at the head of the Office of Field Operations an Executive Assistant Commissioner, who shall report to the Commissioner.
(3) Duties
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) National Targeting Center
(A) In general
There is established in the Office of Field Operations a National Targeting Center.
(B) Executive Director
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) Duties
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
(vii) carry out other duties and powers prescribed by the Executive Assistant Commissioner.
(5) Annual report on staffing
(A) In general
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) Form
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) Office of Intelligence
(1) In general
There is established in U.S. Customs and Border Protection an Office of Intelligence.
(2) Assistant Commissioner
There shall be at the head of the Office of Intelligence an Assistant Commissioner, who shall report to the Commissioner.
(3) Duties
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) Office of International Affairs
(1) In general
There is established in U.S. Customs and Border Protection an Office of International Affairs.
(2) Assistant Commissioner
There shall be at the head of the Office of International Affairs an Assistant Commissioner, who shall report to the Commissioner.
(3) Duties
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) Office of Professional Responsibility
(1) In general
There is established in U.S. Customs and Border Protection an Office of Professional Responsibility.
(2) Assistant Commissioner
There shall be at the head of the Office of Professional Responsibility an Assistant Commissioner, who shall report to the Commissioner.
(3) Duties
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) Standard operating procedures
(1) In general
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
(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) Requirements regarding certain notifications
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) Exceptions
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) Update and review
The Commissioner shall review and update every three years the standard operating procedures required under this subsection.
(5) Audits
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) Requirements regarding other notifications
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) Report on unmanned aerial systems
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
(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) Training
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) Short-term detention standards
(1) Access to food and water
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) Access to information on detainee rights at border patrol processing centers
(A) In general
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) Form
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) Short-term detention defined
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) Daytime repatriation
When practicable, repatriations shall be limited to daylight hours and avoid locations that are determined to have high indices of crime and violence.
(5) Report on procurement process and standards
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) Report on inspections of short-term custody facilities
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) Wait times transparency
(1) In general
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) Calculation
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) Other authorities
(1) In general
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) Notification
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.
(3) Rescue beacons
Beginning in fiscal year 2019, in carrying out subsection (c)(8), the Commissioner shall purchase, deploy, and maintain not more than 250 self-powering, 9–1–1 cellular relay rescue beacons along the southern border of the United States at locations determined appropriate by the Commissioner to mitigate migrant deaths.
(p) Reports to Congress
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) Other Federal agencies
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) Definitions
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
(
Editorial Notes
References in Text
The Security and Accountability for Every Port Act of 2006, referred to in subsec. (c)(14)(B), is
Codification
Section is comprised of section 411 of
Amendments
2022—Subsec. (o)(3).
2020—Subsec. (o)(3).
2017—Subsec. (c)(18), (19).
2016—
Statutory Notes and Related Subsidiaries
Change of Name
Effective Date of 2016 Amendment; Continuity of Functions, Rules, and Actions
"(1)
"(2)
"(A)
"(B)
Large-Scale Non-Intrusive Inspection Scanning
"SECTION 1. SHORT TITLE.
"This Act may be cited as the 'Securing America's Ports Act'.
"SEC. 2. LARGE-SCALE NON-INTRUSIVE INSPECTION SCANNING PLAN.
"(a)
"(1)
"(2)
"(b)
"(c)
"(1) An inventory of large-scale non-intrusive inspection systems or similar technology in use at each land port of entry.
"(2) For each system or technology identified in the inventory under paragraph (1)—
"(A) the scanning method of such system or technology;
"(B) the location of such system or technology at each land port of entry that specifies whether in use in pre-primary, primary, or secondary inspection area, or some combination of such areas;
"(C) the percentage of commercial and passenger vehicles and freight rail traffic scanned by such system or technology;
"(D) seizure data directly attributed to scanned commercial and passenger vehicles and freight rail traffic; and
"(E) the number of personnel required to operate each system or technology.
"(3) Information regarding the continued use of other technology and tactics used for scanning, such as canines and human intelligence in conjunction with large scale, nonintrusive inspection systems.
"(d)
"(1) Benchmarks for achieving incremental progress towards 100 percent high-throughput scanning within the next 6 years of commercial and passenger vehicles and freight rail traffic entering the United States at land ports of entry and rail-border crossings along the border with corresponding projected incremental improvements in scanning rates by fiscal year and rationales for the specified timeframes for each land port of entry.
"(2) Estimated costs, together with an acquisition plan, for achieving the 100 percent high-throughput scanning rate within the timeframes specified in paragraph (1), including acquisition, operations, and maintenance costs for large-scale, nonintrusive inspection systems or similar technology, and associated costs for any necessary infrastructure enhancements or configuration changes at each port of entry. Such acquisition plan shall promote, to the extent practicable, opportunities for entities that qualify as small business concerns (as defined under section 3(a) of the Small Business Act (
"(3) Any projected impacts, as identified by the Commissioner of U.S. Customs and Border Protection, on the total number of commercial and passenger vehicles and freight rail traffic entering at land ports of entry and rail-border crossings where such systems are in use, and average wait times at peak and non-peak travel times, by lane type if applicable, as scanning rates are increased.
"(4) Any projected impacts, as identified by the Commissioner of U.S. Customs and Border Protection, on land ports of entry and rail-border crossings border security operations as a result of implementation actions, including any changes to the number of U.S. Customs and Border Protection officers or their duties and assignments.
"(e)
"(1) an inventory of large-scale, nonintrusive inspection systems or similar technology operated by U.S. Customs and Border Protection at each land port of entry;
"(2) for each system or technology identified in the inventory required under paragraph (1)—
"(A) the scanning method of such system or technology;
"(B) the location of such system or technology at each land port of entry that specifies whether in use in pre-primary, primary, or secondary inspection area, or some combination of such areas;
"(C) the percentage of commercial and passenger vehicles and freight rail traffic scanned by such system or technology; and
"(D) seizure data directly attributed to scanned commercial and passenger vehicles and freight rail traffic;
"(3) the total number of commercial and passenger vehicles and freight rail traffic entering at each land port of entry at which each system or technology is in use, and information on average wait times at peak and non-peak travel times, by lane type if applicable;
"(4) a description of the progress towards reaching the benchmarks referred to in subsection (d)(1), and an explanation if any of such benchmarks are not achieved as planned;
"(5) a comparison of actual costs (including information on any awards of associated contracts) to estimated costs set forth in subsection (d)(2);
"(6) any realized impacts, as identified by the Commissioner of U.S. Customs and Border Protection, on land ports of entry and rail-border crossings operations as a result of implementation actions, including any changes to the number of U.S. Customs and Border Protection officers or their duties and assignments;
"(7) any proposed changes to the plan and an explanation for such changes, including changes made in response to any Department of Homeland Security research and development findings or changes in terrorist or transnational criminal organizations tactics, techniques, or procedures; and
"(8) any challenges to implementing the plan or meeting the benchmarks, and plans to mitigate any such challenges."
DHS Opioid Detection Resilience
"SECTION 1. SHORT TITLE.
"This Act may be cited as the 'DHS Opioid Detection Resilience Act of 2019'.
"SEC. 2. STRATEGY TO ENSURE DETECTION OF ALL OPIOID PURITY LEVELS AT PORTS OF ENTRY.
"Not later than 180 days after the date of the enactment of this section [Dec. 23, 2020], the Commissioner of U.S. Customs and Border Protection (CBP) shall—
"(1) implement a strategy to ensure deployed chemical screening devices are able to identify in an operational environment narcotics at purity levels less than or equal to 10 percent, or provide ports of entry with an alternate method for identifying narcotics at lower purity levels; and
"(2) require testing of any new chemical screening devices to understand the abilities and limitations of such devices relating to identifying narcotics at various purity levels before CBP commits to the acquisition of such devices.
"SEC. 3. PLAN TO ENSURE OPIOID DETECTION EQUIPMENT RESILIENCY.
"Not later than 180 days after the date of the enactment of this section, the Secretary of Homeland Security shall implement a plan for the long-term development of a centralized spectral database for chemical screening devices. Such plan shall address the following:
"(1) How newly identified spectra will be collected, stored, and distributed to such devices in their operational environment, including at ports of entry.
"(2) Identification of parties responsible for updates and maintenance of such database."
Protecting America's Food and Agriculture
"SECTION 1. SHORT TITLE.
"This Act may be cited as the 'Protecting America's Food and Agriculture Act of 2019'.
"SEC. 2. FINDING.
"Congress finds that—
"(1) it is in the national security interest of the United States to ensure that the Nation's food supply is sufficiently protected; and
"(2) a vital part of such protection is the availability of adequate resources at the border to conduct inspections of incoming food and agricultural goods.
"SEC. 3. DEFINITIONS.
"In this Act:
"(1)
"(A) the Committee on Homeland Security and Governmental Affairs of the Senate;
"(B) the Committee on Agriculture, Nutrition, and Forestry of the Senate;
"(C) the Committee on Homeland Security of the House of Representatives; and
"(D) the Committee on Agriculture of the House of Representatives.
"(2)
"SEC. 4. ADDITIONAL U.S. CUSTOMS AND BORDER PROTECTION PERSONNEL.
"(a)
"(b)
"(1)
"(2)
"(c)
"(d)
"(1) rely on data collected regarding the inspections and other activities conducted at each such port of entry; and
"(2) consider volume from seasonal surges, other projected changes in commercial and passenger volumes, the most current commercial forecasts, and other relevant information.
"(e)
"(1)
"(A) $29,900,000 for fiscal year 2020;
"(B) $36,100,000 for fiscal year 2021; and
"(C) $40,500,000 for fiscal year 2022.
"(2)
"(A) $11,000,000 for fiscal year 2020;
"(B) $25,000,000 for fiscal year 2021; and
"(C) $38,000,000 for fiscal year 2022.
"(3)
"(A) $3,500,000 for fiscal year 2020;
"(B) $7,400,000 for fiscal year 2021; and
"(C) $12,200,000 for fiscal year 2022.
"(4)
"SEC. 5. GAO STUDY, BRIEFING, AND REPORT.
"(a)
"(1) interagency coordination and the distribution of responsibilities among Federal agencies with respect to the inspection of agricultural commodities entering the United States;
"(2) the effectiveness of such inspection responsibilities among Federal agencies; and
"(3) the training provided to, and working conditions of, CBP Agriculture Specialists.
"(b)
"(c)
Use of Funds To Continue Detention Services Contracts
"(a) None of the funds provided under the heading 'U.S. Immigration and Customs Enforcement—Operations and Support' may be used to continue any contract for the provision of detention services if the two most recent overall performance evaluations received by the contracted facility are less than 'adequate' or the equivalent median score in any subsequent performance evaluation system.
"(b) The performance evaluations referenced in subsection (a) shall be conducted by the U.S. Immigration and Customs Enforcement Office of Professional Responsibility."
Similar provisions were contained in the following prior appropriation acts:
Ports of Entry Threat and Operational Review
"SECTION 1. SHORT TITLE.
"This Act may be cited as the 'United States Ports of Entry Threat and Operational Review Act'.
"SEC. 2. PORTS OF ENTRY THREAT AND OPERATIONAL ANALYSIS.
"(a)
"(1)
"(2)
"(A) Current and potential threats posed by individuals and organized groups seeking—
"(i) to exploit security vulnerabilities at ports of entry; or
"(ii) to unlawfully enter the United States through such ports of entry.
"(B) Methods and pathways used to exploit security vulnerabilities at ports of entry.
"(C) Improvements needed at ports of entry to prevent the unlawful movement of people, illicit drugs, and other contraband across the borders of the United States.
"(D) Improvements needed to enhance travel and trade facilitation and reduce wait times at ports of entry, including—
"(i) security vulnerabilities associated with prolonged wait times;
"(ii) current technology at ports of entry that can be adapted to handle more volume, increase efficiency, and improve accuracy of detection efforts; and
"(iii) infrastructure additions and upgrades.
"(E) Processes conducted at ports of entry that do not require law enforcement training and could be—
"(i) filled with—
"(I) non-law enforcement staff; or
"(II) the private sector, for processes or activities determined to not be inherently governmental (as such term is defined in section 5 of the Federal Activities Inventory Reform Act of 1998 (
"(ii) automated.
"(3)
"(A) Personnel needs, including K–9 Units, and estimated costs, at each port of entry, including such needs and challenges associated with recruitment and hiring.
"(B) Technology needs, including radiation portal monitors and non-intrusive inspection technology, and estimated costs at each port of entry.
"(C) Infrastructure needs and estimated costs at each port of entry.
"(b)
"(1)
"(2)
"(A) The ports of entry threat and operational analysis required under subsection (a), with an emphasis on efforts to mitigate threats and challenges identified in such analysis.
"(B) Efforts to reduce wait times at ports of entry and standards against which the effectiveness of such efforts may be determined.
"(C) Efforts to prevent the unlawful movement of people, illicit drugs, and other contraband across the borders of the United States at the earliest possible point at ports of entry and standards against which the effectiveness of such efforts may be determined.
"(D) Efforts to focus intelligence collection and information analysis to disrupt transnational criminal organizations attempting to exploit vulnerabilities at ports of entry and standards against which the effectiveness of such efforts may be determined.
"(E) Efforts to verify that any new port of entry technology acquisition can be operationally integrated with existing technologies in use by the Department of Homeland Security.
"(F) Lessons learned from reports on the business transformation initiative under section 802(i)(1) of the Trade Facilitation and Trade Enforcement Act of 2015 (
"(G) CBP staffing requirements for all ports of entry.
"(H) Efforts to identify and detect fraudulent documents at ports of entry and standards against which the effectiveness of such efforts may be determined.
"(I) Efforts to prevent, detect, investigate, and mitigate corruption at ports of entry and standards against which the effectiveness of such efforts may be determined.
"(c)
Required Notice of Aircraft Transfers
Detecting Incoming Contraband with Technology
"SECTION 1. SHORT TITLE.
"This Act may be cited as the 'International Narcotics Trafficking Emergency Response by Detecting Incoming Contraband with Technology Act' or the 'INTERDICT Act'.
"SEC. 2. DEFINITIONS.
"In this Act:
"(1)
"(2)
"(3)
"SEC. 3. INTERDICTION OF FENTANYL, OTHER SYNTHETIC OPIOIDS, AND OTHER NARCOTICS AND PSYCHOACTIVE SUBSTANCES.
"(a)
"(1) increase the number of chemical screening devices available to U.S. Customs and Border Protection officers over the number of such devices that are available on the date of the enactment of this Act [Jan. 10, 2018]; and
"(2) make such additional chemical screening devices available to U.S. Customs and Border Protection officers as the Commissioner determines are necessary to interdict fentanyl, other synthetic opioids, and other narcotics and psychoactive substances that are illegally imported into the United States, including such substances that are imported through the mail or by an express consignment operator or carrier.
"(b)
"SEC. 4. AUTHORIZATION OF APPROPRIATIONS.
"There is authorized to be appropriated to the Commissioner $9,000,000 to ensure that U.S. Customs and Border Protection has resources, including chemical screening devices, personnel, and scientists, available during all operational hours to prevent, detect, and interdict the unlawful importation of fentanyl, other synthetic opioids, and other narcotics and psychoactive substances."
Continuation in Office
"(1)
"(2)
Border Jobs for Veterans
"SECTION 1. SHORT TITLE.
"This Act may be cited as the 'Border Jobs for Veterans Act of 2015'.
"SEC. 2. FINDINGS.
"Congress finds the following:
"(1) Customs and Border Protection officers at United States ports of entry carry out critical law enforcement duties associated with screening foreign visitors, returning United States citizens, and imported cargo entering the United States.
"(2) It is in the national interest for United States ports of entry to be adequately staffed with Customs and Border Protection officers in a timely fashion, including meeting the congressionally funded staffing target of 23,775 officers for fiscal year 2015.
"(3) An estimated 250,000 to 300,000 members of the Armed Forces separate from military service every year.
"(4) Recruiting efforts and expedited hiring procedures must be enhanced to ensure that individuals separating from military service are aware of, and partake in, opportunities to fill vacant Customs and Border Protection officer positions.
"SEC. 3. EXPEDITED HIRING OF APPROPRIATE SEPARATING SERVICE MEMBERS.
"The Secretary of Homeland Security shall consider the expedited hiring of qualified candidates who have the ability to perform the essential functions of the position of a Customs and Border Protection officer and who are eligible for a veterans recruitment appointment authorized under
"SEC. 4. ENHANCEMENTS TO EXISTING PROGRAMS TO RECRUIT SERVICE MEMBERS SEPARATING FROM MILITARY SERVICE FOR CUSTOMS AND BORDER PROTECTION OFFICER VACANCIES.
"(a)
"(b)
"(1) include Customs and Border Protection officer opportunities in relevant job assistance efforts under the Transition Assistance Program;
"(2) place U.S. Customs and Border Protection officials or other relevant Department of Homeland Security officials at recruiting events and jobs fairs involving members of the Armed Forces who are separating from military service;
"(3) provide opportunities for local U.S. Customs and Border Protection field offices to partner with military bases in the region;
"(4) include outreach efforts to educate members of the Armed Forces with Military Occupational Specialty Codes and Officer Branches, Air Force Specialty Codes, Naval Enlisted Classifications and Officer Designators, and Coast Guard competencies that are transferable to the requirements, qualifications, and duties assigned to Customs and Border Protection officers of available hiring opportunities to become Customs and Border Protection officers;
"(5) identify shared activities and opportunities for reciprocity related to steps in hiring Customs and Border Protection officers with the goal of minimizing the time required to hire qualified applicants;
"(6) ensure the streamlined interagency transfer of relevant background investigations and security clearances; and
"(7) include such other elements as may be necessary to ensure that members of the Armed Forces who are separating from military service are aware of opportunities to fill vacant Customs and Border Protection officer positions.
"SEC. 5. REPORT TO CONGRESS.
"(a)
"(b)
"(1) a detailed description of the efforts to implement section 4, including—
"(A) elements of the enhanced recruiting efforts and the goals associated with such elements; and
"(B) a description of how the elements and goals referred to in subparagraph (A) will assist in meeting statutorily mandated staffing levels and agency hiring benchmarks;
"(2) a detailed description of the efforts that have been undertaken under section 4;
"(3) the estimated number of separating service members made aware of Customs and Border Protection officer vacancies;
"(4) the number of Customs and Border Protection officer vacancies filled with separating service members; and
"(5) the number of Customs and Border Protection officer vacancies filled with separating service members under Veterans Recruitment Appointment authorized under
"SEC. 6. RULES OF CONSTRUCTION.
"Nothing in this Act may be construed—
"(1) as superseding, altering, or amending existing Federal veterans' hiring preferences or Federal hiring authorities; or
"(2) to authorize the appropriation of additional amounts to carry out this Act."
Port of Entry Partnership Pilot Program
Reducing Passenger Processing Times
"(a) The Commissioner of U.S. Customs and Border Protection shall develop metrics that support a goal of reducing passenger processing times at air, land, and sea ports of entry, taking into consideration the capacity of an air or land port's physical infrastructure, airline arrival schedules, peak processing periods, and security requirements.
"(b) Not later than 240 days after the date of enactment of this Act [Jan. 17, 2014], the Commissioner of U.S. Customs and Border Protection shall develop and implement operational work plans to meet the goals of subsection (a) at United States air, land, and sea ports with the highest passenger volume and longest wait times. In developing such plans, the Commissioner of U.S. Customs and Border Protection shall consult with appropriate stakeholders, including, but not limited to, airlines and airport operators, port authorities, and importers."
§212. Retention of Customs revenue functions by Secretary of the Treasury
(a) Retention of Customs revenue functions by Secretary of the Treasury
(1) Retention of authority
Notwithstanding section 203(a)(1) 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) Statutes
The provisions of law referred to in paragraph (1) are the following: the Tariff Act of 1930 [
(b) Maintenance of Customs revenue functions
(1) Maintenance of functions
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
(2) Functions
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) New personnel
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.
(
Editorial Notes
References in Text
The effective date of this chapter, referred to in subsecs. (a)(1) and (b), is 60 days after Nov. 25, 2002, see section 4 of
This chapter, referred to in subsecs. (a)(1) and (b)(1), was in the original "this Act", meaning
The Tariff Act of 1930, referred to in subsec. (a)(2), is act June 17, 1930, ch. 497,
The Foreign Trade Zones Act, referred to in subsec. (a)(2), is act June 18, 1934, ch. 590,
The Trade Act of 1974, referred to in subsec. (a)(2), is
The Trade Agreements Act of 1979, referred to in subsec. (a)(2), is
The North American Free Trade Area Implementation Act, referred to in subsec. (a)(2), probably means the North American Free Trade Agreement Implementation Act,
The Uruguay Round Agreements Act, referred to in subsec. (a)(2), is
The Caribbean Basin Economic Recovery Act, referred to in subsec. (a)(2), is title II of
The Andean Trade Preference Act, referred to in subsec. (a)(2), is title II of
The African Growth and Opportunity Act, referred to in subsec. (a)(2), is title I of
Amendments
2016—Subsec. (b).
1 So in original. Probably should be section "203(1)".
§213. Preservation of Customs funds
Notwithstanding any other provision of this chapter, no funds collected under paragraphs (1) through (8) of
(
Editorial Notes
References in Text
This chapter, referred to in text, was in the original "this Act", meaning
Amendments
2016—
§214. Separate budget request for Customs
The President shall include in each budget transmitted to Congress under
(
Editorial Notes
Amendments
2016—
Statutory Notes and Related Subsidiaries
Land Border Projects
Similar provisions were contained in the following prior appropriation acts:
§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
(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.
(
Editorial Notes
References in Text
This part, referred to in text, was in the original "this subtitle", meaning subtitle B (§§411–419) of title IV of
The effective date of this chapter, referred to in pars. (7) and (8), is 60 days after Nov. 25, 2002, see section 4 of
The effective date of the U.S. Customs and Border Protection Authorization Act, referred to in pars. (7) and (8), is the effective date of title VIII of
Amendments
2016—Pars. (7), (8).
§216. Protection against potential synthetic opioid exposure
(a) In general
The Commissioner of U.S. Customs and Border Protection shall issue a policy that specifies effective protocols and procedures for the safe handling of potential synthetic opioids, including fentanyl, by U.S. Customs and Border Protection officers, agents, other personnel, and canines, and to reduce the risk of injury or death resulting from accidental exposure and enhance post-exposure management.
(b) Training
(1) In general
Together with the issuance of the policy described in subsection (a), the Commissioner of U.S. Customs and Border Protection shall require mandatory and recurrent training on the following:
(A) The potential risk of opioid exposure and safe handling procedures for potential synthetic opioids, including precautionary measures such as the use of personal protective equipment during such handling.
(B) How to access and administer opioid receptor antagonists, including naloxone, post-exposure to potential synthetic opioids.
(C) How to use containment devices to prevent potential synthetic opioid exposure.
(2) Integration
The training described in paragraph (1) may be integrated into existing training under
(c) Personal protective equipment, containment devices, and opioid receptor antagonists
Together with the issuance of the policy described in subsection (a), the Commissioner of U.S. Customs and Border Protection shall ensure the availability of personal protective equipment, opioid receptor antagonists, including naloxone, and containment devices, to all U.S. Customs and Border Protection officers, agents, other personnel, and canines at risk of accidental exposure to synthetic opioids.
(d) Oversight
To ensure effectiveness of the policy described in subsection (a)—
(1) the Commissioner of U.S. Customs and Border Protection shall regularly monitor the efficacy of the implementation of such policy and adjust protocols and procedures, as necessary; and
(2) the Inspector General of the Department shall audit compliance with the requirements of this section not less than once during the 3-year period after December 27, 2020.
(
Editorial Notes
Prior Provisions
A prior
Amendments
2022—Subsec. (b)(1)(C).
Subsec. (c).
Statutory Notes and Related Subsidiaries
Applicability to Other Components
§217. Allocation of resources by the Secretary
(a) In general
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) Notification of Congress
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) Definition
In this section, the term "customs revenue services" means those customs revenue functions described in paragraphs (1) through (6) and paragraph (8) of
(
Editorial Notes
References in Text
The effective date of this chapter, referred to in subsec. (a), is 60 days after Nov. 25, 2002, see section 4 of
§218. Asia-Pacific Economic Cooperation Business Travel Cards
(a) In general
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) Card issuance
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) Integration with existing travel programs
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) Cooperation with private entities and nongovernmental organizations
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) Fee
(1) In general
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) Limitation
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) Account for collections
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) Use of funds
Amounts deposited into the Asia Pacific 1 Economic Cooperation Business Travel Card Account established under paragraph (3) shall—
(A) be credited to the appropriate account of the 2 U.S. Customs and Border Protection for expenses incurred in carrying out this section; and
(B) remain available until expended.
(f) Notification
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) Trusted traveler program defined
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.
(
Editorial Notes
Prior Provisions
A prior section 218,
Statutory Notes and Related Subsidiaries
Transfer of Funds From APEC Business Travel Card Account
"(a) In General.—Notwithstanding the repeal of the Asia-Pacific Economic Cooperation Business Travel Cards Act of 2011 (
"(b) Availability.—Amounts deposited in the Asia-Pacific Economic Cooperation Business Travel Card Account established pursuant to section 418(e) of the Homeland Security Act of 2002, in addition to the purposes for which such amounts are available pursuant to such subsection, shall also be available for expenditure in connection with expenses incurred with respect to ABT Cards issued at any time before the date of the enactment of such section.
"(c) Termination.—After the completion of the transfer described in subsection (a), the Asia-Pacific Economic Cooperation Business Travel Card Account established pursuant to the Asia-Pacific Economic Cooperation Business Travel Cards Act of 2011 shall be closed."
1 So in original. Probably should be "Asia-Pacific".
2 So in original. The word "the" probably should not appear.
§220. Methamphetamine and methamphetamine precursor chemicals
(a) Compliance with performance plan requirements
As part of the annual performance plan required in the budget submission of the United States Customs and Border Protection under
(b) Study and report relating to methamphetamine and methamphetamine precursor chemicals
(1) Analysis
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) Report
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 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 (
(3) Availability of analysis
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) Definition
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.
(
Editorial Notes
References in Text
The Combat Methamphetamine Epidemic Act of 2005, referred to in subsec. (b)(2)(B), is
Codification
Section was enacted as part of the Security and Accountability For Every Port Act of 2006, also known as the SAFE Port Act, and not as part of the Homeland Security Act of 2002 which comprises this chapter.
Statutory Notes and Related Subsidiaries
Change of Name
Committee on International Relations of House of Representatives changed to Committee on Foreign Affairs of House of Representatives by House Resolution No. 6, One Hundred Tenth Congress, Jan. 5, 2007.
Definitions
For definition of "Commissioner" as used in this section, see
§221. Requirements with respect to administering polygraph examinations to law enforcement personnel of U.S. Customs and Border Protection
(a) In general
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) Waiver
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
(
Editorial Notes
Codification
Section was enacted as part of the Anti-Border Corruption Act of 2010, and not as part of the Homeland Security Act of 2002 which comprises this chapter.
Amendments
2016—
Statutory Notes and Related Subsidiaries
Waiver of Certain Polygraph Examination Requirements
"(1) the Commissioner determines is suitable for employment;
"(2) holds a current, active Top Secret clearance and is able to access sensitive compartmented information;
"(3) has a current single scope background investigation;
"(4) was not granted any waivers to obtain the clearance; and
"(5) is a veteran (as such term is defined in section 2108 or 2109a [probably should be "2108a"] of
Findings
"(1) According to the Office of the Inspector General of the Department of Homeland Security, since 2003, 129 U.S. Customs and Border Protection officials have been arrested on corruption charges and, during 2009, 576 investigations were opened on allegations of improper conduct by U.S. Customs and Border Protection officials.
"(2) To foster integrity in the workplace, established policy of U.S. Customs and Border Protection calls for—
"(A) all job applicants for law enforcement positions at U.S. Customs and Border Protection to receive a polygraph examination and a background investigation before being offered employment; and
"(B) relevant employees to receive a periodic background reinvestigation every 5 years.
"(3) According to the Office of Internal Affairs of U.S. Customs and Border Protection—
"(A) in 2009, less than 15 percent of applicants for jobs with U.S. Customs and Border Protection received polygraph examinations;
"(B) as of March 2010, U.S. Customs and Border Protection had a backlog of approximately 10,000 periodic background reinvestigations of existing employees; and
"(C) without additional resources, by the end of fiscal year 2010, the backlog of periodic background reinvestigations will increase to approximately 19,000."
§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
(
Editorial Notes
Codification
Section was enacted as part of the Department of Homeland Security Appropriations Act, 2012, and also as part of the Consolidated Appropriations Act, 2012, and not as part of the Homeland Security Act of 2002 which comprises this chapter.
§223. Border security metrics
(a) Definitions
In this section:
(1) Appropriate congressional committees
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) Consequence Delivery System
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) Got away
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) Known maritime migrant flow
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) Major violator
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) Secretary
The term "the Secretary" means the Secretary of Homeland Security.
(7) Situational awareness
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) Transit zone
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) Turn back
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) Unlawful border crossing effectiveness rate
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) Unlawful entry
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) Metrics for securing the border between ports of entry
(1) In general
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) Metrics consultation
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) Manner of collection
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) Metrics for securing the border at ports of entry
(1) In general
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) Metrics consultation
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) Manner of collection
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) Metrics for securing the maritime border
(1) In general
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) Metrics consultation
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) Manner of collection
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) Air and Marine security metrics in the land domain
(1) In general
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) Metrics consultation
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) Manner of collection
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) Data transparency
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) Evaluation by the Government Accountability Office and the Secretary
(1) Metrics report
(A) Mandatory disclosures
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) Permissible disclosures
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) GAO report
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) State of the Border report
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) Metrics update
(A) In general
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) Congressional notification
Not later than 30 days before updating the metrics pursuant to subparagraph (A), the Secretary shall notify the appropriate congressional committees of such updates.
(
Editorial Notes
Codification
Section was enacted as part of the National Defense Authorization Act for Fiscal Year 2017, and not as part of the Homeland Security Act of 2002 which comprises this chapter.
§224. Other reporting requirements
(a) Unidentified remains
(1) Reporting requirement
Not later than 1 year after December 31, 2020, and annually thereafter, the Commissioner of U.S. Customs and Border Protection shall submit a report to the appropriate committees of Congress regarding all unidentified remains discovered, during the reporting period, on or near the border between the United States and Mexico, including—
(A) for each deceased person—
(i) the cause and manner of death, if known;
(ii) the sex, age (at time of death), and country of origin (if such information is determinable); and
(iii) the location of each unidentified remain;
(B) the total number of deceased people whose unidentified remains were discovered by U.S. Customs and Border Protection during the reporting period;
(C) to the extent such information is available to U.S. Customs and Border Protection, the total number of deceased people whose unidentified remains were discovered by Federal, State, local or Tribal law enforcement officers, military personnel, or medical examiners offices;
(D) the efforts of U.S. Customs and Border Protection to engage with nongovernmental organizations, institutions of higher education, medical examiners and coroners, and law enforcement agencies—
(i) to identify and map the locations at which migrant deaths occur; and
(ii) to count the number of deaths that occur at such locations; and
(E) a detailed description of U.S. Customs and Border Protection's Missing Migrant Program, including how the program helps mitigate migrant deaths while maintaining border security.
(2) Public disclosure
Not later than 30 days after each report required under paragraph (1) is submitted, the Commissioner of U.S. Customs and Border Protection shall publish on the website of the agency the information described in subparagraphs (A), (B), and (C) of paragraph (1) during each reporting period.
(b) Rescue beacons
Not later than 1 year after December 31, 2020, and annually thereafter, the Commissioner of U.S. Customs and Border Protection shall submit a report to the appropriate committees of Congress regarding the use of rescue beacons along the border between the United States and Mexico, including, for the reporting period—
(1) the number of rescue beacons in each border patrol sector;
(2) the specific location of each rescue beacon;
(3) the frequency with which each rescue beacon was activated by a person in distress;
(4) a description of the nature of the distress that resulted in each rescue beacon activation (if such information is determinable); and
(5) an assessment, in consultation with local stakeholders, including elected officials, nongovernmental organizations, and landowners, of necessary additional rescue beacons and recommendations for locations for deployment to reduce migrant deaths.
(c) GAO report
Not later than 6 months after the report required under subsection (a) is submitted to the appropriate committees of Congress, the Comptroller General of the United States shall submit a report to the same committees that describes—
(1) how U.S. Customs and Border Protection collects and records border-crossing death data;
(2) the differences (if any) in U.S. Customs and Border Protection border-crossing death data collection methodology across its sectors;
(3) how U.S. Customs and Border Protection's data and statistical analysis on trends in the numbers, locations, causes, and characteristics of border-crossing deaths compare to other sources of data on these deaths, including border county medical examiners and coroners and the Centers for Disease Control and Prevention;
(4) how U.S. Customs and Border Protection measures the effectiveness of its programs to mitigate migrant deaths; and
(5) the extent to which U.S. Customs and Border Protection engages Federal, State, local, and Tribal governments, foreign diplomatic and consular posts, and nongovernmental organizations—
(A) to accurately identify deceased individuals;
(B) to resolve cases involving unidentified remains;
(C) to resolve cases involving unidentified persons; and
(D) to share information on missing persons and unidentified remains, specifically with the National Missing and Unidentified Persons System (NamUs).
(
Editorial Notes
Codification
Section was enacted as part of Missing Persons and Unidentified Remains Act of 2019, and not as part of the Homeland Security Act of 2002 which comprises this chapter.
§225. Reports, evaluations, and research regarding drug interdiction at and between ports of entry
(a) Research on additional technologies to detect fentanyl
Not later than one year after December 23, 2022, the Secretary of Homeland Security, in consultation with the Attorney General, the Secretary of Health and Human Services, and the Director of the Office of National Drug Control Policy, shall research additional technological solutions to—
(1) target and detect illicit fentanyl, fentanyl analogs, and precursor chemicals, including low-purity fentanyl, especially in counterfeit pressed tablets, and illicit pill press molds; and
(2) enhance detection of such counterfeit pressed tablets through nonintrusive, noninvasive, and other advanced screening technologies.
(b) Evaluation of current technologies and strategies in illicit drug interdiction and procurement decisions
(1) In general
The Secretary of Homeland Security, in consultation with the Attorney General, the Secretary of Health and Human Services, and the Director of the Office of National Drug Control Policy, shall establish a program to collect available data and develop metrics to measure how technologies and strategies used by the Department of Homeland Security, U.S. Customs and Border Protection, U.S. Immigration and Customs Enforcement, and other relevant Federal agencies have helped detect trafficked illicit fentanyl, fentanyl analogs, and precursor chemicals or deter illicit fentanyl, fentanyl analogs, and precursor chemicals from being trafficked into the United States at and between land, air, and sea ports of entry.
(2) Considerations
The data and metrics program established pursuant to paragraph (1) may consider—
(A) the rate of detection of illicit fentanyl, fentanyl analogs, and precursor chemicals at land, air, and sea ports of entry;
(B) investigations and intelligence sharing into the origins of illicit fentanyl, fentanyl analogs, and precursor chemicals within the United States; and
(C) other data or metrics considered appropriate by the Secretary of Homeland Security.
(3) Updates
The Secretary of Homeland Security, as appropriate and in the coordination with the officials referred to in paragraph (1), may update the data and metrics program established pursuant to paragraph (1).
(4) Reports
(A) Secretary of Homeland Security
Not later than one year after December 23, 2022, and biennially thereafter, the Secretary of Homeland Security, in consultation with the Attorney General, the Secretary of Health and Human Services, and the Director of the Office of National Drug Control Policy shall, based on the data collected and metrics developed pursuant to the program established pursuant to paragraph (1), submit to the Committee on Homeland Security, the Committee on Energy and Commerce, the Committee on Science, Space, and Technology, and the Committee on the Judiciary of the House of Representatives and the Committee on Homeland Security and Governmental Affairs, the Committee on Commerce, Science, and Transportation, and the Committee on the Judiciary of the Senate a report that—
(i) examines and analyzes current technologies, including pilot technologies, deployed at land, air, and sea ports of entry to assess how well such technologies detect, deter, and address illicit fentanyl, fentanyl analogs, and precursor chemicals; and
(ii) examines and analyzes current technologies, including pilot technologies, deployed between land ports of entry to assess how well and accurately such technologies detect, deter, interdict, and address illicit fentanyl, fentanyl analogs, and precursor chemicals; 1
(B) Government Accountability Office
Not later than one year after the submission of each of the first three reports required under subparagraph (A), the Comptroller General of the United States shall submit to the Committee on Homeland Security, the Committee on Energy and Commerce, the Committee on Science, Space, and Technology, and the Committee on the Judiciary of the House of Representatives and the Committee on Homeland Security and Governmental Affairs, the Committee on Commerce, Science, and Transportation, and the Committee on the Judiciary of the Senate a report that evaluates and, as appropriate, makes recommendations to improve, the collection of data under the program established pursuant to paragraph (1) and metrics used in the subsequent reports required under such subparagraph.
(
Editorial Notes
Codification
Section was enacted as part of the James M. Inhofe National Defense Authorization Act for Fiscal Year 2023, and not as part of the Homeland Security Act of 2002 which comprises this chapter.
1 So in original. The semicolon probably should be a period.
§226. Ensuring timely updates to U.S. Customs and Border Protection field manuals
(a) In general
Not less frequently than triennially, the Commissioner of U.S. Customs and Border Protection shall review and update, as necessary, the current policies and manuals of the Office of Field Operations related to inspections at ports of entry to ensure the uniform implementation of inspection practices that will effectively respond to technological and methodological changes designed to disguise illegal activity, such as the smuggling of drugs and humans, along the border.
(b) Reporting requirement
Shortly after each update required under subsection (a), the Commissioner of U.S. Customs and Border Protection shall submit a report to the Committee on Homeland Security and Governmental Affairs of the Senate and the Committee on Homeland Security of the House of Representatives that summarizes the policy and manual changes implemented by such update.
(
Editorial Notes
Codification
Section was enacted as part of the Eradicating Narcotic Drugs and Formulating Effective New Tools to Address National Yearly Losses of life Act, also known as the END FENTANYL Act, and not as part of the Homeland Security Act of 2002 which comprises this chapter.
Part C—Miscellaneous Provisions
§231. Transfer of certain agricultural inspection functions of the Department of Agriculture
(a) Transfer of agricultural import and entry inspection functions
There shall be transferred to the Secretary the functions of the Secretary of Agriculture relating to agricultural import and entry inspection activities under the laws specified in subsection (b).
(b) Covered animal and plant protection laws
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;
(2) Section 1 of the Act of August 31, 1922 (commonly known as the Honeybee Act;
(3) Title III of the Federal Seed Act (
(4) The Plant Protection Act (
(5) The Animal Health Protection Act (subtitle E of title X of
(6) The Lacey Act Amendments of 1981 (
(7) Section 11 of the Endangered Species Act of 1973 (
(c) Exclusion of quarantine activities
For purposes of this section, the term "functions" does not include any quarantine activities carried out under the laws specified in subsection (b).
(d) Effect of transfer
(1) Compliance with Department of Agriculture regulations
The authority transferred pursuant to subsection (a) shall be exercised by the Secretary in accordance with the regulations, policies, and procedures issued by the Secretary of Agriculture regarding the administration of the laws specified in subsection (b).
(2) Rulemaking coordination
The Secretary of Agriculture shall coordinate with the Secretary whenever the Secretary of Agriculture prescribes regulations, policies, or procedures for administering the functions transferred under subsection (a) under a law specified in subsection (b).
(3) Effective administration
The Secretary, in consultation with the Secretary of Agriculture, may issue such directives and guidelines as are necessary to ensure the effective use of personnel of the Department of Homeland Security to carry out the functions transferred pursuant to subsection (a).
(e) Transfer agreement
(1) Agreement required; revision
Before the end of the transition period, as defined in
(2) Required terms
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) Cooperation and reciprocity
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) Periodic transfer of funds to Department of Homeland Security
(1) Transfer of funds
Out of funds collected by fees authorized under
(2) Limitation
The proportion of fees collected pursuant to such sections that are transferred to the Secretary under this subsection may not exceed the proportion of the costs incurred by the Secretary to all costs incurred to carry out activities funded by such fees.
(g) Transfer of Department of Agriculture employees
Not later than the completion of the transition period defined under
(
Editorial Notes
References in Text
The Virus-Serum-Toxin Act, referred to in subsec. (b)(1), is the eighth paragraph under the heading "Bureau of Animal Industry" in act Mar. 4, 1913, ch. 145,
The Federal Seed Act, referred to in subsec. (b)(3), is act Aug. 9, 1939, ch. 615,
The Plant Protection Act, referred to in subsec. (b)(4), is title IV of
The Animal Health Protection Act, referred to in subsec. (b)(5), is subtitle E (§§10401–10418) of title X of
The Lacey Act Amendments of 1981, referred to in subsec. (b)(6), is
Codification
Section is comprised of section 421 of
§232. Functions of Administrator of General Services
(a) Operation, maintenance, and protection of Federal buildings and grounds
Nothing in this chapter may be construed to affect the functions or authorities of the Administrator of General Services with respect to the operation, maintenance, and protection of buildings and grounds owned or occupied by the Federal Government and under the jurisdiction, custody, or control of the Administrator. Except for the law enforcement and related security functions transferred under
(b) Collection of rents and fees; Federal Buildings Fund
(1) Statutory construction
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
(2) Use of transferred amounts
Any amounts transferred by the Administrator of General Services to the Secretary out of rents and fees collected by the Administrator shall be used by the Secretary solely for the protection of buildings or grounds owned or occupied by the Federal Government.
(
Editorial Notes
References in Text
This chapter, referred to in subsecs. (a) and (b)(1), was in the original "this Act", meaning
Codification
"
§233. Functions of Transportation Security Administration
(a) Consultation with Federal Aviation Administration
The Secretary and other officials in the Department shall consult with the Administrator of the Federal Aviation Administration before taking any action that might affect aviation safety, air carrier operations, aircraft airworthiness, or the use of airspace. The Secretary shall establish a liaison office within the Department for the purpose of consulting with the Administrator of the Federal Aviation Administration.
(b) Report to Congress
Not later than 60 days after November 25, 2002, the Secretary of Transportation shall transmit to Congress a report containing a plan for complying with the requirements of
(c) Limitations on statutory construction
(1) Grant of authority
Nothing in this chapter may be construed to vest in the Secretary or any other official in the Department any authority over transportation security that is not vested in the Under Secretary of Transportation for Security, or in the Secretary of Transportation under
(2) Obligation of AIP funds
Nothing in this chapter may be construed to authorize the Secretary or any other official in the Department to obligate amounts made available under
(
Editorial Notes
References in Text
This chapter, referred to in subsec. (c), was in the original "this Act", meaning
Statutory Notes and Related Subsidiaries
Change of Name
Reference to Under Secretary of Transportation for Security deemed to refer to Administrator of the Transportation Security Administration, see section 1994 of
§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.
(
Editorial Notes
References in Text
This chapter, referred to in text, was in the original "this Act", meaning
Prior Provisions
A prior section 234,
§235. Coordination of information and information technology
(a) Definition of affected agency
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) Coordination
The Secretary, in coordination with the Secretary of Agriculture, the Secretary of Health and Human Services, and the head of each other department or agency determined to be appropriate by the Secretary, shall ensure that appropriate information (as determined by the Secretary) concerning inspections of articles that are imported or entered into the United States, and are inspected or regulated by 1 or more affected agencies, is timely and efficiently exchanged between the affected agencies.
(c) Report and plan
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) Definition
In this subsection,1 the term "consular office" 2 has the meaning given that term under section 101(a)(9) of the Immigration and Nationality Act (
(b) In general
Notwithstanding section 104(a) of the Immigration and Nationality Act (
(1) shall be vested exclusively with all authorities to issue regulations with respect to, administer, and enforce the provisions of such Act [
(2) shall have authority to confer or impose upon any officer or employee of the United States, with the consent of the head of the executive agency under whose jurisdiction such officer or employee is serving, any of the functions specified in paragraph (1).
(c) Authority of the Secretary of State
(1) In general
Notwithstanding subsection (b), the Secretary of State may direct a consular officer to refuse a visa to an alien if the Secretary of State deems such refusal necessary or advisable in the foreign policy or security interests of the United States.
(2) Construction regarding authority
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 (
(B) Section 204(d)(2) of the Immigration and Nationality Act (
(C) Section 212(a)(3)(B)(i)(IV)(bb) of the Immigration and Nationality Act (
(D) Section 212(a)(3)(B)(i)(VI) of the Immigration and Nationality Act (
(E) Section 212(a)(3)(B)(vi)(II) of the Immigration and Nationality Act (
(F) Section 212(a)(3)(C) of the Immigration and Nationality Act (
(G) Section 212(a)(10)(C) of the Immigration and Nationality Act (
(H) Section 212(f) of the Immigration and Nationality Act (
(I) Section 219(a) of the Immigration and Nationality Act (
(J) Section 237(a)(4)(C) of the Immigration and Nationality Act (
(K) Section 401 of the Cuban Liberty and Democratic Solidarity (LIBERTAD) Act of 1996 [
(L) Section 613 of the Departments of Commerce, Justice, and State, the Judiciary and Related Agencies Appropriations Act, 1999 3 (as contained in section 101(b) of division A of
(M) Section 103(f) of the Chemical Weapon Convention Implementation Act of 1998 [
(N) Section 801 of H.R. 3427, the Admiral James W. Nance and Meg Donovan Foreign Relations Authorization Act, Fiscal Years 2000 and 2001 [
(O) Section 568 of the Foreign Operations, Export Financing, and Related Programs Appropriations Act, 2002 (
(P) Section 51 of the State Department Basic Authorities Act of 1956 (
(d) Consular officers and chiefs of missions
(1) In general
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 (
(2) Construction regarding delegation of authority
Nothing in this section shall be construed to affect any delegation of authority to the Secretary of State by the President pursuant to any proclamation issued under section 212(f) of the Immigration and Nationality Act (
(e) Assignment of Homeland Security employees to diplomatic and consular posts
(1) In general
The Secretary is authorized to assign employees of the Department to each diplomatic and consular post at which visas are issued, unless the Secretary determines that such an assignment at a particular post would not promote homeland security.
(2) Functions
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) Evaluation of consular officers
The Secretary of State shall evaluate, in consultation with the Secretary, as deemed appropriate by the Secretary, the performance of consular officers with respect to the processing and adjudication of applications for visas in accordance with performance standards developed by the Secretary for these procedures.
(4) Report
The Secretary shall, on an annual basis, submit a report to Congress that describes the basis for each determination under paragraph (1) that the assignment of an employee of the Department at a particular diplomatic post would not promote homeland security.
(5) Permanent assignment; participation in terrorist lookout committee
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 (
(6) Training and hiring
(A) In general
The Secretary shall ensure, to the extent possible, that any employees of the Department assigned to perform functions under paragraph (2) and, as appropriate, consular officers, shall be provided the necessary training to enable them to carry out such functions, including training in foreign languages, interview techniques, and fraud detection techniques, in conditions in the particular country where each employee is assigned, and in other appropriate areas of study.
(B) Use of Center
The Secretary is authorized to use the National Foreign Affairs Training Center, on a reimbursable basis, to obtain the training described in subparagraph (A).
(7) Report
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) Effective date
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) No creation of private right of action
Nothing in this section shall be construed to create or authorize a private right of action to challenge a decision of a consular officer or other United States official or employee to grant or deny a visa.
(g) Study regarding use of foreign nationals
(1) In general
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) Report
Not later than 1 year after November 25, 2002, the Secretary shall submit a report containing the findings of the study conducted under paragraph (1) to the Committee on the Judiciary, the Committee on International Relations, and the Committee on Government Reform of the House of Representatives, and the Committee on the Judiciary, the Committee on Foreign Relations, and the Committee on Government 4 Affairs of the Senate.
(h) Report
Not later than 120 days after November 25, 2002, the Director of the Office of Science and Technology Policy shall submit to Congress a report on how the provisions of this section will affect procedures for the issuance of student visas.
(i) Visa issuance program for Saudi Arabia
Notwithstanding any other provision of law, after November 25, 2002, all third party screening programs in Saudi Arabia shall be terminated. On-site personnel of the Department of Homeland Security shall review all visa applications prior to adjudication.
(
Editorial Notes
References in Text
The Immigration and Nationality Act, referred to in subsec. (b)(1), is act June 27, 1952, ch. 477,
Section 613 of the Departments of Commerce, Justice, and State, the Judiciary and Related Agencies Appropriations Act, 1999, referred to in subsec. (c)(2)(L), probably means section 101(b) [title VI, §616] of
Section 103(f) of the Chemical Weapon Convention Implementation Act of 1998, referred to in subsec. (c)(2)(M), probably means section 103(f) of the Chemical Weapons Convention Implementation Act of 1998, which is classified to
Section 568 of the Foreign Operations, Export Financing, and Related Programs Appropriations Act, 2002, referred to in subsec. (c)(2)(O), is section 568 of title V of
Statutory Notes and Related Subsidiaries
Change of Name
References to National Foreign Affairs Training Center considered to refer to George P. Shultz National Foreign Affairs Training Center, see section 1(b) of
Committee on International Relations of House of Representatives changed to Committee on Foreign Affairs of House of Representatives by House Resolution No. 6, One Hundred Tenth Congress, Jan. 5, 2007.
Committee on Government Reform of House of Representatives changed to Committee on Oversight and Government Reform of House of Representatives by House Resolution No. 6, One Hundred Tenth Congress, Jan. 5, 2007. Committee on Oversight and Government Reform of House of Representatives changed to Committee on Oversight and Reform of House of Representatives by House Resolution No. 6, One Hundred Sixteenth Congress, Jan. 9, 2019. Committee on Oversight and Reform of House of Representatives changed to Committee on Oversight and Accountability of House of Representatives by House Resolution No. 5, One Hundred Eighteenth Congress, Jan. 9, 2023.
Committee on Governmental Affairs of Senate changed to Committee on Homeland Security and Governmental Affairs of Senate, effective Jan. 4, 2005, by Senate Resolution No. 445, One Hundred Eighth Congress, Oct. 9, 2004.
1 So in original. Probably should be "section".
2 So in original. Probably should be " 'consular officer' ".
3 See References in Text note below.
4 So in original. Probably should be "Governmental".
§237. Information on visa denials required to be entered into electronic data system
(a) In general
Whenever a consular officer of the United States denies a visa to an applicant, the consular officer shall enter the fact and the basis of the denial and the name of the applicant into the interoperable electronic data system implemented under
(b) Prohibition
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) Establishment
There is established in the Department an Office for Domestic Preparedness.
(b) Director
There shall be a Director of the Office for Domestic Preparedness, who shall be appointed by the President.
(c) Responsibilities
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) Fiscal years 2003 and 2004
During fiscal year 2003 and fiscal year 2004, the Director of the Office for Domestic Preparedness established under this section shall manage and carry out those functions of the Office for Domestic Preparedness of the Department of Justice (transferred under this section) before September 11, 2001, under the same terms, conditions, policies, and authorities, and with the required level of personnel, assets, and budget before September 11, 2001.
(
Editorial Notes
Amendments
2016—Subsec. (a).
Subsec. (b).
Subsec. (c)(7).
2012—Subsec. (b).
2004—Subsec. (c)(9).
Statutory Notes and Related Subsidiaries
Effective Date of 2012 Amendment
Amendment by
§239. Office of Cargo Security Policy
(a) Establishment
There is established within the Department an Office of Cargo Security Policy (referred to in this section as the "Office").
(b) Purpose
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) Director
(1) Appointment
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) Responsibilities
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.
(
Statutory Notes and Related Subsidiaries
Rule of Construction
"(1) the authorities, functions, or capabilities of the Coast Guard to perform its missions; or
"(2) the requirement under section 888 of the Homeland Security Act (
§240. Border Enforcement Security Task Force
(a) Establishment
There is established within the Department a program to be known as the Border Enforcement Security Task Force (referred to in this section as "BEST").
(b) Purpose
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) Composition and establishment of units
(1) Composition
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
(E) other Federal agencies, as appropriate;
(F) appropriate State law enforcement agencies;
(G) foreign law enforcement agencies, as appropriate;
(H) local law enforcement agencies from affected border cities and communities; and
(I) appropriate tribal law enforcement agencies.
(2) Establishment of units
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) Duplication of efforts
In determining whether to establish a new BEST unit or to expand an existing BEST unit in a given jurisdiction, the Secretary shall ensure that the BEST unit under consideration does not duplicate the efforts of other existing interagency task forces or centers within that jurisdiction.
(d) Operation
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, salary reimbursement, and technological costs associated with the participation of Federal, State, local, and tribal law enforcement agencies in BEST.
(e) Report
Not later than 180 days after the date on which BEST is established under this section, and annually thereafter for the following 5 years, the Secretary shall submit a report to Congress that describes the effectiveness of BEST in enhancing border security and reducing the drug trafficking, arms smuggling, illegal alien trafficking and smuggling, violence, and kidnapping along and across the international borders of the United States, as measured by crime statistics, including violent deaths, incidents of violence, and drug-related arrests.
(
Editorial Notes
Amendments
2022—Subsec. (d)(2).
Statutory Notes and Related Subsidiaries
Rule of Construction
Nothing in amendment made by
Findings and Declaration of Purposes
"(1) The Department of Homeland Security's (DHS) overriding mission is to lead a unified national effort to protect the United States. United States Immigration and Customs Enforcement (ICE) is the largest investigative agency within DHS and is charged with enforcing a wide array of laws, including laws related to securing the border and combating criminal smuggling.
"(2) Mexico's northern border with the United States has experienced a dramatic surge in border crime and violence in recent years due to intense competition between Mexican drug cartels and criminal smuggling organizations that employ predatory tactics to realize their profits.
"(3) Law enforcement agencies at the United States northern border also face challenges from transnational smuggling organizations.
"(4) In response, DHS has partnered with Federal, State, local, tribal, and foreign law enforcement counterparts to create the Border Enforcement Security Task Force (BEST) initiative as a comprehensive approach to addressing border security threats. These multi-agency teams are designed to increase information-sharing and collaboration among the participating law enforcement agencies.
"(5) BEST teams incorporate personnel from ICE, United States Customs and Border Protection (CBP), the Drug Enforcement Administration (DEA), the Bureau of Alcohol, Tobacco, Firearms and Explosives (ATFE), the Federal Bureau of Investigation (FBI), the United States Coast Guard (USCG), and the U.S. Attorney's Office (USAO), along with other key Federal, State and local law enforcement agencies.
"(6) Foreign law enforcement agencies participating in BEST include Mexico's Secretaria de Seguridad Publica (SSP), the Canada Border Services Agency (CBSA), the Ontario Provincial Police (OPP), and the Royal Canadian Mounted Police (RCMP)."
1 So in original. Probably should be followed by a semicolon.
§241. Prevention of international child abduction
(a) Program established
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
(2) leverages other existing authorities and processes to address the wrongful removal and return of a child.
(b) Interagency coordination
(1) In general
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) Department of Defense
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) Definition
In this section, the term "human trafficking" means an act or practice described in paragraph (9) or (10) 1 of
(b) Establishment
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) Purpose
The purpose of the Blue Campaign shall be to unify and coordinate Department efforts to address human trafficking.
(d) Responsibilities
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
(e) Guidance and training
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) developing and utilizing, in consultation with the Blue Campaign Advisory Board established pursuant to subsection (g), resources such as indicator cards, fact sheets, pamphlets, posters, brochures, and radio and television campaigns to—
(A) educate partners and stakeholders; and
(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.
(f) Web-based training programs
To enhance training opportunities, the Director of the Blue Campaign shall develop web-based interactive training videos that utilize a learning management system to provide online training opportunities. During the 10-year period beginning on the date that is 90 days after December 27, 2021, such training opportunities shall be made available to the following individuals:
(1) Federal, State, local, Tribal, and territorial law enforcement officers.
(2) Non-Federal correction system personnel.
(3) Such other individuals as the Director determines appropriate.
(g) Blue Campaign Advisory Board
(1) In general
There is established in the Department a Blue Campaign Advisory Board, which shall be comprised of representatives assigned by the Secretary from—
(A) the Office for Civil Rights and Civil Liberties of the Department;
(B) the Privacy Office of the Department; and
(C) not fewer than four other separate components or offices of the Department.
(2) Charter
The Secretary is authorized to issue a charter for the Blue Campaign Advisory Board, and such charter shall specify the following:
(A) The Board's mission, goals, and scope of its activities.
(B) The duties of the Board's representatives.
(C) The frequency of the Board's meetings.
(3) Consultation
The Director shall consult the Blue Campaign Advisory Board and, as appropriate, experts from other components and offices of the Center for Countering Human Trafficking of the Department regarding the following:
(A) Recruitment tactics used by human traffickers to inform the development of training and materials by the Blue Campaign.
(B) The development of effective awareness tools for distribution to Federal and non-Federal officials to identify and prevent instances of human trafficking.
(C) Identification of additional persons or entities that may be uniquely positioned to recognize signs of human trafficking and the development of materials for such persons.
(h) Consultation
With regard to the development of programs under the Blue Campaign and the implementation of such programs, the Director is authorized to consult with State, local, Tribal, and territorial agencies, non-governmental organizations, private sector organizations, and experts.
(
Editorial Notes
References in Text
Paragraphs (9) and (10) of
Amendments
2021—Subsec. (e)(6).
Subsecs. (f) to (h).
Statutory Notes and Related Subsidiaries
Transfer of Other Functions Related to Human Trafficking
"(a)
"(b)
"(1)
"(2)
Information Technology Systems
1 See References in Text note below.
§242a. Department of Homeland Security Center for Countering Human Trafficking
(a) Establishment
(1) In general
The Secretary of Homeland Security shall operate, within U.S. Immigration and Customs Enforcement's Homeland Security Investigations, the Center for Countering Human Trafficking (referred to in this Act as "CCHT").
(2) Purpose
The purpose of CCHT shall be to serve at the forefront of the Department of Homeland Security's unified global efforts to counter human trafficking through law enforcement operations and victim protection, prevention, and awareness programs.
(3) Administration
Homeland Security Investigations shall—
(A) maintain a concept of operations that identifies CCHT participants, funding, core functions, and personnel; and
(B) update such concept of operations, as needed, to accommodate its mission and the threats to such mission.
(4) Personnel
(A) Director
The Secretary of Homeland Security shall appoint a CCHT Director, who shall—
(i) be a member of the Senior Executive Service; and
(ii) serve as the Department of Homeland Security's representative on human trafficking.
(B) Minimum core personnel requirements
Subject to appropriations, the Secretary of Homeland Security shall ensure that CCHT is staffed with at least 45 employees in order to maintain continuity of effort, subject matter expertise, and necessary support to the Department of Homeland Security, including—
(i) employees who are responsible for the Continued Presence Program and other victim protection duties;
(ii) employees who are responsible for training, including curriculum development, and public awareness and education;
(iii) employees who are responsible for stakeholder engagement, Federal interagency coordination, multilateral partnerships, and policy;
(iv) employees who are responsible for public relations, human resources, evaluation, data analysis and reporting, and information technology;
(v) special agents and criminal analysts necessary to accomplish its mission of combating human trafficking and the importation of goods produced with forced labor; and
(vi) managers.
(b) Operations Unit
The CCHT Director shall operate, within CCHT, an Operations Unit, which shall, at a minimum—
(1) support criminal investigations of human trafficking (including sex trafficking and forced labor)—
(A) by developing, tracking, and coordinating leads; and
(B) by providing subject matter expertise;
(2) augment the enforcement of the prohibition on the importation of goods produced with forced labor through civil and criminal authorities;
(3) coordinate a Department-wide effort to conduct procurement audits and enforcement actions, including suspension and debarment, in order to mitigate the risk of human trafficking throughout Department acquisitions and contracts; and
(4) support all CCHT enforcement efforts with intelligence by conducting lead development, lead validation, case support, strategic analysis, and data analytics.
(c) Protection and Awareness Programs Unit
The CCHT Director shall operate, within CCHT, a Protection and Awareness Programs Unit, which shall—
(1) incorporate a victim-centered approach throughout Department of Homeland Security policies, training, and practices;
(2) operate a comprehensive Continued Presence program;
(3) conduct, review, and assist with Department of Homeland Security human trafficking training, screening, and identification tools and efforts;
(4) operate the Blue Campaign's nationwide public awareness effort and any other awareness efforts needed to encourage victim identification and reporting to law enforcement and to prevent human trafficking; and
(5) coordinate external engagement, including training and events, regarding human trafficking with critical partners, including survivors, nongovernmental organizations, corporations, multilateral entities, law enforcement agencies, and other interested parties.
(
Editorial Notes
References in Text
This Act, referred to in subsec. (a)(1), is
Codification
Section was enacted as part of the Countering Human Trafficking Act of 2021, and not as part of the Homeland Security Act of 2002 which comprises this chapter.
Statutory Notes and Related Subsidiaries
Forced Labor Requirements: Department of Homeland Security
"(1)
"(2)
Sense of Congress
"(1) the victim-centered approach must become universally understood, adopted, and practiced;
"(2) criminal justice efforts must increase the focus on, and adeptness at, investigating and prosecuting forced labor cases;
"(3) corporations must eradicate forced labor from their supply chains;
"(4) the Department of Homeland Security must lead by example—
"(A) by ensuring that its government supply chain of contracts and procurement are not tainted by forced labor; and
"(B) by leveraging all of its authorities against the importation of goods produced with forced labor; and
"(5) human trafficking training, awareness, identification, and screening efforts—
"(A) are a necessary first step for prevention, protection, and enforcement; and
"(B) should be evidence-based to be most effective."
§242b. Reports
(a) Information sharing to facilitate reports and analysis
Each subagency of the Department of Homeland Security shall share with CCHT—
(1) any information needed by CCHT to develop the strategy and proposal required under section 4(a);1 and
(2) any additional data analysis to help CCHT better understand the issues surrounding human trafficking.
(b) Report to Congress
Not later than 1 year after December 27, 2022, the CCHT Director shall submit a report to Congress that identifies any legislation that is needed to facilitate the Department of Homeland Security's mission to end human trafficking.
(c) Annual report on potential human trafficking victims
Not later than 1 year after December 27, 2022, and annually thereafter, the Secretary of Homeland Security shall submit a report to Congress that includes—
(1) the numbers of screened and identified potential victims of trafficking (as defined in
(2) an update on the Department of Homeland Security's efforts to establish protocols and methods for personnel to report human trafficking, pursuant to the Department of Homeland Security Strategy to Combat Human Trafficking, the Importation of Goods Produced with Forced Labor, and Child Sexual Exploitation, published in January 2020.
(
Editorial Notes
References in Text
CCHT, referred to in text, means the Center for Countering Human Trafficking, see
Section 4(a), referred to in subsec. (a)(1), means section 4(a) of
Codification
Section was enacted as part of the Countering Human Trafficking Act of 2021, and not as part of the Homeland Security Act of 2002 which comprises this chapter.
1 See References in Text note below.
§243. Maritime operations coordination plan
(a) In general
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) Contents
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
(
§245. Operational data sharing capability
(a) In general
Not later than 18 months after December 23, 2022, the Secretary shall, consistent with the ongoing Integrated Multi-Domain Enterprise joint effort by the Department of Homeland Security and the Department of Defense, establish a secure, centralized capability to allow real-time, or near real-time, data and information sharing between Customs and Border Protection and the Coast Guard for purposes of maritime boundary domain awareness and enforcement activities along the maritime boundaries of the United States, including the maritime boundaries in the northern and southern continental United States and Alaska.
(b) Priority
In establishing the capability under subsection (a), the Secretary shall prioritize enforcement areas experiencing the highest levels of enforcement activity.
(c) Requirements
The capability established under subsection (a) shall be sufficient for the secure sharing of data, information, and surveillance necessary for operational missions, including data from governmental assets, irrespective of whether an asset located in or around mission operation areas belongs to the Coast Guard, Customs and Border Protection, or any other partner agency.
(d) Elements
The Commissioner of Customs and Border Protection and the Commandant shall jointly—
(1) assess and delineate the types of data and quality of data sharing needed to meet the respective operational missions of Customs and Border Protection and the Coast Guard, including video surveillance, seismic sensors, infrared detection, space-based remote sensing, and any other data or information necessary;
(2) develop appropriate requirements and processes for the credentialing of personnel of Customs and Border Protection and personnel of the Coast Guard to access and use the capability established under subsection (a); and
(3) establish a cost-sharing agreement for the long-term operation and maintenance of the capability and the assets that provide data to the capability.
(e) Report
Not later than 2 years after December 23, 2022, the Secretary shall submit to the Committee on Commerce, Science, and Transportation and the Committee 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 a report on the establishment of the capability under this section.
(f) Rule of construction
Nothing in this section may be construed to authorize the Coast Guard, Customs and Border Protection, or any other partner agency to acquire, share, or transfer personal information relating to an individual in violation of any Federal or State law or regulation.
(
Editorial Notes
Codification
Section was enacted as part of the James M. Inhofe National Defense Authorization Act for Fiscal Year 2023, and not as part of the Homeland Security Act of 2002 which comprises this chapter.
Statutory Notes and Related Subsidiaries
Rule of Construction
"(a)
"(1) to satisfy any requirement for government-to-government consultation with Tribal governments; or
"(2) to affect or modify any treaty or other right of any Tribal government.
"(b)
Definitions
For definitions of "Secretary" and "Commandant" as referred to in this section, see section 11002 of div. K of
Part D—Immigration Enforcement Functions
§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.
(
Editorial Notes
Amendments
2016—
§252. Establishment of Bureau of Border Security
(a) Establishment of Bureau
(1) In general
There shall be in the Department of Homeland Security a bureau to be known as the "Bureau of Border Security".
(2) Assistant Secretary
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) Functions
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
(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) Program to collect information relating to foreign students
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
(5) Managerial rotation program
(A) In general
Not later than 1 year after the date on which the transfer of functions specified under
(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) Report
Not later than 2 years after the date on which the transfer of functions specified under
(b) Chief of Policy and Strategy
(1) In general
There shall be a position of Chief of Policy and Strategy for the Bureau of Border Security.
(2) Functions
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) Legal advisor
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.
(
Editorial Notes
References in Text
Part E of this subchapter, referred to in subsecs. (a)(3)(C) and (b)(2)(B), was in the original "subtitle E", meaning subtitle E (§§451–462) of title IV of
Statutory Notes and Related Subsidiaries
Change of Name
Bureau of Border Security, referred to in section catchline and text, changed to Bureau of Immigration and Customs Enforcement by Reorganization Plan Modification for the Department of Homeland Security, eff. Mar. 1, 2003, H. Doc. No. 108–32, 108th Congress, 1st Session, set out as a note under
§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.
(
Editorial Notes
Amendments
2016—
§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.
(
Editorial Notes
Amendments
2016—
§255. Report on improving enforcement functions
(a) In general
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
(b) Consultation
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.
(
Editorial Notes
References in Text
The Immigration and Nationality Act, referred to in subsec. (a), is act June 27, 1952, ch. 477,
Statutory Notes and Related Subsidiaries
Change of Name
Bureau of Border Security, referred to in subsec. (a), changed to Bureau of Immigration and Customs Enforcement by Reorganization Plan Modification for the Department of Homeland Security, eff. Mar. 1, 2003, H. Doc. No. 108–32, 108th Congress, 1st Session, set out as a note under
§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 (
(
Editorial Notes
References in Text
Section 102(b) of the Illegal Immigration Reform and Immigrant Responsibility Act of 1996, referred to in text, is section 102(b) of title I of div. C of
§257. Report
(a) In general
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) Congressional committees
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.
(
Editorial Notes
Codification
Section was enacted as part of the Border Tunnel Prevention Act of 2012, and not as part of the Homeland Security Act of 2002 which comprises this chapter.
Statutory Notes and Related Subsidiaries
DHS Illicit Cross-Border Tunnel Defense
"(a)
"(1)
"(A) Risk-based criteria to be used to prioritize the identification, breach, assessment, and remediation of illicit cross-border tunnels.
"(B) Promote the use of innovative technologies to identify, breach, assess, and remediate illicit cross-border tunnels in a manner that, among other considerations, reduces the impact of such activities on surrounding communities.
"(C) Processes to share relevant illicit cross-border tunnel location, operations, and technical information.
"(D) Indicators of specific types of illicit cross-border tunnels found in each U.S. Border Patrol sector identified through operations to be periodically disseminated to U.S. Border Patrol sector chiefs to educate field personnel.
"(E) A counter illicit cross-border tunnel operations resource needs assessment that includes consideration of the following:
"(i) Technology needs.
"(ii) Staffing needs, including the following:
"(I) A position description for counter illicit cross-border tunnel operations personnel.
"(II) Any specialized skills required of such personnel.
"(III) The number of such full time personnel, disaggregated by U.S. Border Patrol sector.
"(2)
"(b)
"(1) the development of the strategic plan; and
"(2) remediation operations of illicit cross-border tunnels in accordance with the strategic plan to the maximum extent practicable."
Part E—Citizenship and Immigration Services
§271. Establishment of Bureau of Citizenship and Immigration Services
(a) Establishment of Bureau
(1) In general
There shall be in the Department a bureau to be known as the "Bureau of Citizenship and Immigration Services".
(2) Director
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) Functions
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
(F) shall establish procedures requiring a formal response to any recommendations submitted in the Ombudsman's annual report to Congress within 3 months after its submission to Congress.
(4) Managerial rotation program
(A) In general
Not later than 1 year after the effective date specified in section 455,1 the Director of the Bureau of Citizenship and Immigration Services shall design and implement a managerial rotation program under which employees of such bureau holding positions involving supervisory or managerial responsibility and classified, in accordance with
(i) gain some experience in all the major functions performed by such bureau; and
(ii) work in at least one field office and one service center of such bureau.
(B) Report
Not later than 2 years after the effective date specified in section 455,1 the Secretary shall submit a report to Congress on the implementation of such program.
(5) Pilot initiatives for backlog elimination
The Director of the Bureau of Citizenship and Immigration Services is authorized to implement innovative pilot initiatives to eliminate any remaining backlog in the processing of immigration benefit applications, and to prevent any backlog in the processing of such applications from recurring, in accordance with
(b) Transfer of functions from Commissioner
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) Chief of Policy and Strategy
(1) In general
There shall be a position of Chief of Policy and Strategy for the Bureau of Citizenship and Immigration Services.
(2) Functions
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) Legal advisor
(1) In general
There shall be a principal legal advisor to the Director of the Bureau of Citizenship and Immigration Services.
(2) Functions
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) Budget Officer
(1) In general
There shall be a Budget Officer for the Bureau of Citizenship and Immigration Services.
(2) Functions
(A) 2 In general
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) Chief of Office of Citizenship
(1) In general
There shall be a position of Chief of the Office of Citizenship for the Bureau of Citizenship and Immigration Services.
(2) Functions
The Chief of the Office of Citizenship for the Bureau of Citizenship and Immigration Services shall be responsible for promoting instruction and training on citizenship responsibilities for aliens interested in becoming naturalized citizens of the United States, including the development of educational materials.
(
Editorial Notes
References in Text
This chapter, referred to in subsec. (a)(3)(A), was in the original "this Act", meaning
For the effective date specified in section 455, referred to in subsecs. (a)(4) and (b), see Effective Date note below.
Amendments
2008—Subsec. (g).
Statutory Notes and Related Subsidiaries
Change of Name
Bureau of Border Security, referred to in subsecs. (a)(2)(C), (3)(C), and (c)(2)(B), changed to Bureau of Immigration and Customs Enforcement by Reorganization Plan Modification for the Department of Homeland Security, eff. Mar. 1, 2003, H. Doc. No. 108–32, 108th Congress, 1st Session, set out as a note under
Termination Date of 2008 Amendment
Effective Date
Rulemaking
1 See References in Text note below.
2 So in original. There is no subpar. (B).
§272. Citizenship and Immigration Services Ombudsman
(a) In general
Within the Department, there shall be a position of Citizenship and Immigration Services Ombudsman (in this section referred to as the "Ombudsman"). The Ombudsman shall report directly to the Deputy Secretary. The Ombudsman shall have a background in customer service as well as immigration law.
(b) Functions
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) Annual reports
(1) Objectives
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) Report to be submitted directly
Each report required under this subsection shall be provided directly to the committees described in paragraph (1) without any prior comment or amendment from the Secretary, Deputy Secretary, Director of the Bureau of Citizenship and Immigration Services, or any other officer or employee of the Department or the Office of Management and Budget.
(d) Other responsibilities
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) Personnel actions
(1) In general
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) Consultation
The Ombudsman may consult with the appropriate supervisory personnel of the Bureau of Citizenship and Immigration Services in carrying out the Ombudsman's responsibilities under this subsection.
(f) Responsibilities of Bureau of Citizenship and Immigration Services
The Director of the Bureau of Citizenship and Immigration Services shall establish procedures requiring a formal response to all recommendations submitted to such director by the Ombudsman within 3 months after submission to such director.
(g) Operation of local offices
(1) In general
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) Maintenance of independent communications
Each local office of the Ombudsman shall maintain a phone, facsimile, and other means of electronic communication access, and a post office address, that is separate from those maintained by the Bureau of Citizenship and Immigration Services, or any component of the Bureau of Citizenship and Immigration Services.
(
Statutory Notes and Related Subsidiaries
Effective Date
Section effective on the date on which the transfer of functions specified under
§273. Professional responsibility and quality review
(a) In general
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) Special considerations
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.
(
Statutory Notes and Related Subsidiaries
Effective Date
Section effective on the date on which the transfer of functions specified under
§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.
(
Statutory Notes and Related Subsidiaries
Effective Date
Section effective on the date on which the transfer of functions specified under
§275. Transition
(a) References
With respect to any function transferred by this part to, and exercised on or after the effective date specified in section 455 1 by, the Director of the Bureau of Citizenship and Immigration Services, any reference in any other Federal law, Executive order, rule, regulation, or delegation of authority, or any document of or pertaining to a component of government from which such function is transferred—
(1) to the head of such component is deemed to refer to the Director of the Bureau of Citizenship and Immigration Services; or
(2) to such component is deemed to refer to the Bureau of Citizenship and Immigration Services.
(b) Other transition issues
(1) Exercise of authorities
Except as otherwise provided by law, a Federal official to whom a function is transferred by this part may, for purposes of performing the function, exercise all authorities under any other provision of law that were available with respect to the performance of that function to the official responsible for the performance of the function immediately before the effective date specified in section 455.1
(2) Transfer and allocation of appropriations and personnel
The personnel of the Department of Justice employed in connection with 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
(
Editorial Notes
References in Text
This part, referred to in text, was in the original "this subtitle", meaning subtitle E (§§451–462) of title IV of
For the effective date specified in section 455, referred to in text, see section 455 of
Codification
In subsec. (b)(2), "
Statutory Notes and Related Subsidiaries
Effective Date
Section effective on the date on which the transfer of functions specified under
1 See References in Text note below.
§276. Report on improving immigration services
(a) In general
The Secretary, not later than 1 year after the effective date of this chapter, shall submit to the Committees on the Judiciary and Appropriations of the House of Representatives and of the Senate a report with a plan detailing how the Bureau of Citizenship and Immigration Services, after the transfer of functions specified in this part takes effect, will complete efficiently, fairly, and within a reasonable time, the adjudications described in paragraphs (1) through (5) of
(b) Contents
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) Consultation
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
(
Editorial Notes
References in Text
The effective date of this chapter, referred to in subsec. (a), is 60 days after Nov. 25, 2002, see section 4 of
Statutory Notes and Related Subsidiaries
Change of Name
Bureau of Border Security, referred to in subsec. (c), changed to Bureau of Immigration and Customs Enforcement by Reorganization Plan Modification for the Department of Homeland Security, eff. Mar. 1, 2003, H. Doc. No. 108–32, 108th Congress, 1st Session, set out as a note under
§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) Establishment of tracking system
The Secretary, not later than 1 year after the effective date of this chapter, in consultation with the Technology Advisory Committee established under subsection (c), shall establish an Internet-based system, that will permit a person, employer, immigrant, or nonimmigrant who has filings with the Secretary for any benefit under the Immigration and Nationality Act (
(b) Feasibility study for online filing and improved processing
(1) Online filing
The Secretary, in consultation with the Technology Advisory Committee established under subsection (c), shall conduct a feasibility study on the online filing of the filings described in subsection (a). The study shall include a review of computerization and technology of the Immigration and Naturalization Service relating to the immigration services and processing of filings related to immigrant services. The study shall also include an estimate of the timeframe and cost and shall consider other factors in implementing such a filing system, including the feasibility of fee payment online.
(2) Report
A report on the study under this subsection shall be submitted to the Committees on the Judiciary of the House of Representatives and the Senate not later than 1 year after the effective date of this chapter.
(c) Technology Advisory Committee
(1) Establishment
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).
The Technology Advisory Committee shall be established after consultation with the Committees on the Judiciary of the House of Representatives and the Senate.
(2) Composition
The Technology Advisory Committee shall be composed of representatives from high technology companies capable of establishing and implementing the system in an expeditious manner, and representatives of persons who may use the tracking system described in subsection (a) and the online filing system described in subsection (b)(1).
(
Editorial Notes
References in Text
The effective date of this chapter, referred to in subsecs. (a), (b)(2), and (c)(1), is 60 days after Nov. 25, 2002, see section 4 of
The Immigration and Nationality Act, referred to in subsec. (a), is act June 27, 1952, ch. 477,
Statutory Notes and Related Subsidiaries
Termination of Advisory Committees
Advisory committees established after Jan. 5, 1973, to terminate not later than the expiration of the 2-year period beginning on date of their establishment, unless, in the case of a committee established by the President or an officer of the Federal Government, such committee is renewed by appropriate action prior to expiration of such 2-year period, or in the case of a committee established by Congress, its duration is otherwise provided for by law. See
§279. Children's affairs
(a) Transfer of functions
There are transferred to the Director of the Office of Refugee Resettlement of the Department of Health and Human Services functions under the immigration laws of the United States with respect to the care of unaccompanied alien children that were vested by statute in, or performed by, the Commissioner of Immigration and Naturalization (or any officer, employee, or component of the Immigration and Naturalization Service) immediately before the effective date specified in subsection (d).
(b) Functions
(1) In general
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) Coordination with other entities; no release on own recognizance
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) Duties with respect to foster care
In carrying out the duties described in paragraph (1), the Director of the Office of Refugee Resettlement is encouraged to use the refugee children foster care system established pursuant to section 412(d) of the Immigration and Nationality Act (
(4) Rule of construction
Nothing in paragraph (2)(B) may be construed to require that a bond be posted for an unaccompanied alien child who is released to a qualified sponsor.
(c) Rule of construction
Nothing in this section may be construed to transfer the responsibility for adjudicating benefit determinations under the Immigration and Nationality Act (
(d) Effective date
Notwithstanding section 4,1 this section shall take effect on the date on which the transfer of functions specified under
(e) References
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) Other transition issues
(1) Exercise of authorities
Except as otherwise provided by law, a Federal official to whom a function is transferred by this section may, for purposes of performing the function, exercise all authorities under any other provision of law that were available with respect to the performance of that function to the official responsible for the performance of the function immediately before the effective date specified in subsection (d).
(2) Savings provisions
Subsections (a), (b), and (c) of
(3) Transfer and allocation of appropriations and personnel
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
(g) Definitions
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.
(
Editorial Notes
References in Text
The Immigration and Nationality Act, referred to in subsec. (c), is act June 27, 1952, ch. 477,
Section 4, referred to in subsec. (d), is section 4 of
This chapter, referred to in subsec. (f)(2), was in the original "this Act", meaning
Codification
In subsec. (f)(3), "
Amendments
2008—Subsec. (b)(1)(L).
Subsec. (b)(3).
Subsec. (b)(4).
Statutory Notes and Related Subsidiaries
Change of Name
Bureau of Border Security, referred to in subsec. (b)(2)(A), changed to Bureau of Immigration and Customs Enforcement by Reorganization Plan Modification for the Department of Homeland Security, eff. Mar. 1, 2003, H. Doc. No. 108–32, 108th Congress, 1st Session, set out as a note under
Notification of Use of Unlicensed Influx Facility
Similar provisions were contained in the following prior appropriation acts:
Report on Children Separated From Parents or Legal Guardians
"(1) the number and ages of children so separated subsequent to apprehension at or between ports of entry, to be reported by sector where separation occurred; and
"(2) the documented cause of separation, as reported by DHS when each child was referred."
Similar provisions were contained in the following prior appropriation acts:
1 See References in Text note below.
Part F—General Immigration Provisions
§291. Abolishment of INS
(a) In general
Upon completion of all transfers from the Immigration and Naturalization Service as provided for by this chapter, the Immigration and Naturalization Service of the Department of Justice is abolished.
(b) Prohibition
The authority provided by
(
Editorial Notes
References in Text
This chapter, referred to in subsec. (a), was in the original "this Act", meaning
Statutory Notes and Related Subsidiaries
Change of Name
Bureau of Border Security, referred to in subsec. (b), changed to Bureau of Immigration and Customs Enforcement by Reorganization Plan Modification for the Department of Homeland Security, eff. Mar. 1, 2003, H. Doc. No. 108–32, 108th Congress, 1st Session, set out as a note under
§292. Voluntary separation incentive payments
(a) Definitions
For purposes of this section—
(1) the term "employee" means an employee (as defined by
(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,
but does not include any person under subparagraphs (A)–(G) of section 663(a)(2) of
(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
(b) Strategic restructuring plan
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
As used in the preceding sentence, the "appropriate committees of Congress" are the Committees on Appropriations, Government Reform, and the Judiciary of the House of Representatives, and the Committees on Appropriations, Governmental Affairs, and the Judiciary of the Senate.
(c) Authority
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
(B) an amount not to exceed $25,000, as determined by the Attorney General or the Secretary;
(4) may not be made except in the case of any qualifying employee who voluntarily separates (whether by retirement or resignation) before the end of—
(A) the 3-month period beginning on the date on which such payment is offered or made available to such employee; or
(B) the 3-year period beginning on November 25, 2002,
whichever occurs first;
(5) shall not be a basis for payment, and shall not be included in the computation, of any other type of Government benefit; and
(6) shall not be taken into account in determining the amount of any severance pay to which the employee may be entitled under
(d) Additional agency contributions to the retirement fund
(1) In general
In addition to any payments which it is otherwise required to make, the Department of Justice and the Department of Homeland Security shall, for each fiscal year with respect to which it makes any voluntary separation incentive payments under this section, remit to the Office of Personnel Management for deposit in the Treasury of the United States to the credit of the Civil Service Retirement and Disability Fund the amount required under paragraph (2).
(2) Amount required
The amount required under this paragraph shall, for any fiscal year, be the amount under subparagraph (A) or (B), whichever is greater.
(A) First method
The amount under this subparagraph shall, for any fiscal year, be equal to the minimum amount necessary to offset the additional costs to the retirement systems under title 5 (payable out of the Civil Service Retirement and Disability Fund) resulting from the voluntary separation of the employees described in paragraph (3), as determined under regulations of the Office of Personnel Management.
(B) Second method
The amount under this subparagraph shall, for any fiscal year, be equal to 45 percent of the sum total of the final basic pay of the employees described in paragraph (3).
(3) Computations to be based on separations occurring in the fiscal year involved
The employees described in this paragraph are those employees who receive a voluntary separation incentive payment under this section based on their separating from service during the fiscal year with respect to which the payment under this subsection relates.
(4) Final basic pay defined
In this subsection, the term "final basic pay" means, with respect to 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) Effect of subsequent employment with the Government
An individual who receives a voluntary separation incentive payment under this section and who, within 5 years after the date of the separation on which the payment is based, accepts any compensated employment with the Government or works for any agency of the Government through a personal services contract, shall be required to pay, prior to the individual's first day of employment, the entire amount of the incentive payment. Such payment shall be made to the covered entity from which the individual separated or, if made on or after 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) Effect on employment levels
(1) Intended effect
Voluntary separations under this section are not intended to necessarily reduce the total number of full-time equivalent positions in any covered entity.
(2) Use of voluntary separations
A covered entity may redeploy or use the full-time equivalent positions vacated by voluntary separations under this section to make other positions available to more critical locations or more critical occupations.
(
Editorial Notes
References in Text
Section 663 of
This chapter, referred to in subsec. (b)(1), was in the original "this Act", meaning
Statutory Notes and Related Subsidiaries
Change of Name
Bureau of Border Security, referred to in subsec. (a)(2)(B), changed to Bureau of Immigration and Customs Enforcement by Reorganization Plan Modification for the Department of Homeland Security, eff. Mar. 1, 2003, H. Doc. No. 108–32, 108th Congress, 1st Session, set out as a note under
Committee on Government Reform of House of Representatives changed to Committee on Oversight and Government Reform of House of Representatives by House Resolution No. 6, One Hundred Tenth Congress, Jan. 5, 2007. Committee on Oversight and Government Reform of House of Representatives changed to Committee on Oversight and Reform of House of Representatives by House Resolution No. 6, One Hundred Sixteenth Congress, Jan. 9, 2019. Committee on Oversight and Reform of House of Representatives changed to Committee on Oversight and Accountability of House of Representatives by House Resolution No. 5, One Hundred Eighteenth Congress, Jan. 9, 2023.
Committee on Governmental Affairs of Senate changed to Committee on Homeland Security and Governmental Affairs of Senate, effective Jan. 4, 2005, by Senate Resolution No. 445, One Hundred Eighth Congress, Oct. 9, 2004.
§293. Authority to conduct a demonstration project relating to disciplinary action
(a) In general
The Attorney General and the Secretary may each, during a period ending not later than 5 years after November 25, 2002, conduct a demonstration project for the purpose of determining whether one or more changes in the policies or procedures relating to methods for disciplining employees would result in improved personnel management.
(b) Scope
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
(c) Procedures
Under the demonstration project—
(1) the use of alternative means of dispute resolution (as defined in
(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
(d) Actions involving discrimination
Notwithstanding any other provision of this section, if, in the case of any matter described in
(e) Certain employees
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
Notwithstanding the preceding sentence, an aggrieved employee within a unit (referred to in paragraph (2)) may elect to participate in a complaint procedure developed under the demonstration project in lieu of any negotiated grievance procedure and any statutory procedure (as such term is used in section 7121 of such title 5).
(f) Reports
The Government Accountability Office shall prepare and submit to the Committees on Government Reform and the Judiciary of the House of Representatives and the Committees on Governmental Affairs and the Judiciary of the Senate periodic reports on any demonstration project conducted under this section, such reports to be submitted after the second and fourth years of its operation. Upon request, the Attorney General or the Secretary shall furnish such information as the Government Accountability Office may require to carry out this subsection.
(g) Definition
In this section, the term "covered entity" has the meaning given such term in
(
Editorial Notes
Amendments
2004—Subsec. (f).
Statutory Notes and Related Subsidiaries
Change of Name
Committee on Government Reform of House of Representatives changed to Committee on Oversight and Government Reform of House of Representatives by House Resolution No. 6, One Hundred Tenth Congress, Jan. 5, 2007. Committee on Oversight and Government Reform of House of Representatives changed to Committee on Oversight and Reform of House of Representatives by House Resolution No. 6, One Hundred Sixteenth Congress, Jan. 9, 2019. Committee on Oversight and Reform of House of Representatives changed to Committee on Oversight and Accountability of House of Representatives by House Resolution No. 5, One Hundred Eighteenth Congress, Jan. 9, 2023.
Committee on Governmental Affairs of Senate changed to Committee on Homeland Security and Governmental Affairs of Senate, effective Jan. 4, 2005, by Senate Resolution No. 445, One Hundred Eighth Congress, Oct. 9, 2004.
§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.
(
Statutory Notes and Related Subsidiaries
Change of Name
Bureau of Border Security, referred to in par. (1), changed to Bureau of Immigration and Customs Enforcement by Reorganization Plan Modification for the Department of Homeland Security, eff. Mar. 1, 2003, H. Doc. No. 108–32, 108th Congress, 1st Session, set out as a note under
§295. Director of Shared Services
(a) In general
Within the Office of Deputy Secretary, there shall be a Director of Shared Services.
(b) Functions
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.
(
Statutory Notes and Related Subsidiaries
Change of Name
Bureau of Border Security, referred to in subsec. (b), changed to Bureau of Immigration and Customs Enforcement by Reorganization Plan Modification for the Department of Homeland Security, eff. Mar. 1, 2003, H. Doc. No. 108–32, 108th Congress, 1st Session, set out as a note under
§296. Separation of funding
(a) In general
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) Separate budgets
To ensure that the Bureau of Citizenship and Immigration Services and the Bureau of Border Security are funded to the extent necessary to fully carry out their respective functions, the Director of the Office of Management and Budget shall separate the budget requests for each such entity.
(c) Fees
Fees imposed for a particular service, application, or benefit shall be deposited into the account established under subsection (a) that is for the bureau with jurisdiction over the function to which the fee relates.
(d) Fees not transferable
No fee may be transferred between the Bureau of Citizenship and Immigration Services and the Bureau of Border Security for purposes not authorized by
(
Statutory Notes and Related Subsidiaries
Change of Name
Bureau of Border Security, referred to in subsecs. (a), (b), and (d), changed to Bureau of Immigration and Customs Enforcement by Reorganization Plan Modification for the Department of Homeland Security, eff. Mar. 1, 2003, H. Doc. No. 108–32, 108th Congress, 1st Session, set out as a note under
§297. Reports and implementation plans
(a) Division of funds
The Secretary, not later than 120 days after the effective date of this chapter, shall submit to the Committees on Appropriations and the Judiciary of the House of Representatives and of the Senate a report on the proposed division and transfer of funds, including unexpended funds, appropriations, and fees, between the Bureau of Citizenship and Immigration Services and the Bureau of Border Security.
(b) Division of personnel
The Secretary, not later than 120 days after the effective date of this chapter, shall submit to the Committees on Appropriations and the Judiciary of the House of Representatives and of the Senate a report on the proposed division of personnel between the Bureau of Citizenship and Immigration Services and the Bureau of Border Security.
(c) Implementation plan
(1) In general
The Secretary, not later than 120 days after the effective date of this chapter, and every 6 months thereafter until the termination of fiscal year 2005, shall submit to the Committees on Appropriations and the Judiciary of the House of Representatives and of the Senate an implementation plan to carry out this chapter.
(2) Contents
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 (
(G) Establishment of a transition team.
(H) Methods to phase in the costs of separating the administrative support systems of the Immigration and Naturalization Service in order to provide for separate administrative support systems for the Bureau of Citizenship and Immigration Services and the Bureau of Border Security.
(d) Comptroller General studies and reports
(1) Status reports on transition
Not later than 18 months after the date on which the transfer of functions specified under
(A) A determination of whether the transfers of functions made by parts D and E of this subchapter have been completed, and if a transfer of functions has not taken place, identifying the reasons why the transfer has not taken place.
(B) If the transfers of functions made by parts D and E of this subchapter have been completed, an identification of any issues that have arisen due to the completed transfers.
(C) An identification of any issues that may arise due to any future transfer of functions.
(2) Report on management
Not later than 4 years after the date on which the transfer of functions specified under
(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) Report on fees
Not later than 1 year after November 25, 2002, the Comptroller General of the United States shall submit to the Committees on the Judiciary of the House of Representatives and of the Senate a report examining whether the Bureau of Citizenship and Immigration Services is likely to derive sufficient funds from fees to carry out its functions in the absence of appropriated funds.
(
Editorial Notes
References in Text
The effective date of this chapter, referred to in subsecs. (a), (b), and (c)(1), is 60 days after Nov. 25, 2002, see section 4 of
This chapter, referred to in subsec. (c)(1), was in the original "this Act", meaning
The Immigration and Nationality Act, referred to in subsec. (c)(2)(F), is act June 27, 1952, ch. 477,
Parts D and E of this subchapter, referred to in subsec. (d)(1)(A), (B), was in the original "subtitles D and E", meaning subtitles D (§§441–446) and E (§§451–462) of title IV of
Statutory Notes and Related Subsidiaries
Change of Name
Bureau of Border Security, referred to in text, changed to Bureau of Immigration and Customs Enforcement by Reorganization Plan Modification for the Department of Homeland Security, eff. Mar. 1, 2003, H. Doc. No. 108–32, 108th Congress, 1st Session, set out as a note under
§298. Immigration functions
(a) Annual report
(1) In general
One year after November 25, 2002, and each year thereafter, the Secretary shall submit a report to the President, to the Committees on the Judiciary and Government Reform of the House of Representatives, and to the Committees on the Judiciary and Government Affairs of the Senate, on the impact the transfers made by this part has had on immigration functions.
(2) Matter included
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) Sense of Congress regarding immigration services
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.
(
Statutory Notes and Related Subsidiaries
Change of Name
Committee on Government Reform of House of Representatives changed to Committee on Oversight and Government Reform of House of Representatives by House Resolution No. 6, One Hundred Tenth Congress, Jan. 5, 2007. Committee on Oversight and Government Reform of House of Representatives changed to Committee on Oversight and Reform of House of Representatives by House Resolution No. 6, One Hundred Sixteenth Congress, Jan. 9, 2019. Committee on Oversight and Reform of House of Representatives changed to Committee on Oversight and Accountability of House of Representatives by House Resolution No. 5, One Hundred Eighteenth Congress, Jan. 9, 2023.
Committee on Governmental Affairs of Senate changed to Committee on Homeland Security and Governmental Affairs of Senate, effective Jan. 4, 2005, by Senate Resolution No. 445, One Hundred Eighth Congress, Oct. 9, 2004.
Part G—U.S. Customs and Border Protection Public Private Partnerships
§301. Fee agreements for certain services at ports of entry
(a) In general
Notwithstanding
(1) U.S. Customs and Border Protection shall provide services described in subsection (b) at a United States port of entry or any other facility at which U.S. Customs and Border Protection provides or will provide such services;
(2) such entity shall remit to U.S. Customs and Border Protection a fee imposed under subsection (h) in an amount equal to the full costs that are incurred or will be incurred in providing such services; and
(3) if space is provided by such entity, each facility at which U.S. Customs and Border Protection services are performed shall be maintained and equipped by such entity, without cost to the Federal Government, in accordance with U.S. Customs and Border Protection specifications.
(b) Services described
The services described in this subsection are any activities of any employee or Office of Field Operations contractor of U.S. Customs and Border Protection (except employees of the U.S. Border Patrol, as established under
(c) Modification of prior agreements
The Commissioner of U.S. Customs and Border Protection, at the request of an entity who has previously entered into an agreement with U.S. Customs and Border Protection for the reimbursement of fees in effect on December 16, 2016, may modify such agreement to implement any provisions of this section.
(d) Limitations
(1) Impacts of services
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) Number
There shall be no limit to the number of fee agreements that the Commissioner of U.S. Customs and Border Protection may enter into under this section.
(e) Air ports of entry
(1) Fee agreement
Except as otherwise provided in this subsection, a fee agreement for U.S. Customs and Border Protection services at an air port of entry may only provide for the payment of overtime costs of U.S. Customs and Border Protection officers and salaries and expenses of U.S. Customs and Border Protection employees to support U.S. Customs and Border Protection officers in performing services described in subsection (b).
(2) Small airports
Notwithstanding paragraph (1), U.S. Customs and Border Protection may receive reimbursement in addition to overtime costs if the fee agreement is for services at an air port of entry that has fewer than 100,000 arriving international passengers annually.
(3) Covered services
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) Port of entry size
The Commissioner of U.S. Customs and Border Protection shall ensure that each fee agreement proposal is given equal consideration regardless of the size of the port of entry.
(g) Denied application
(1) In general
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) Judicial review
Decisions of the Commissioner of U.S. Customs and Border Protection under paragraph (1) are in the discretion of the Commissioner and are not subject to judicial review.
(h) Fee
(1) In general
The amount of the fee to be charged under an agreement authorized under subsection (a) shall be paid by each entity requesting U.S. Customs and Border Protection services, and shall be for the full cost of providing such services, including the salaries and expenses of employees and contractors of U.S. Customs and Border Protection, to provide such services and other costs incurred by U.S. Customs and Border Protection relating to such services, such as temporary placement or permanent relocation of such employees and contractors.
(2) Timing
The Commissioner of U.S. Customs and Border Protection may require that the fee referred to in paragraph (1) be paid by each entity that has entered into a fee agreement under subsection (a) with U.S. Customs and Border Protection in advance of the performance of U.S. Customs and Border Protection services.
(3) Oversight of fees
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) Deposit of funds
(1) Account
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) Return of unused funds
The Commissioner of U.S. Customs and Border Protection shall return any unused funds collected and deposited into the account described in paragraph (1) if a fee agreement entered into pursuant to subsection (a) is terminated for any reason or the terms of such fee agreement change by mutual agreement to cause a reduction of U.S. Customs and Border Protections 1 services. No interest shall be owed upon the return of any such unused funds.
(j) Termination
(1) In general
The Commissioner of U.S. Customs and Border Protection shall terminate the services provided pursuant to a fee agreement entered into under subsection (a) with an entity that, after receiving notice from the Commissioner that a fee under subsection (h) is due, fails to pay such fee in a timely manner. If such services are terminated, all costs incurred by U.S. Customs and Border Protection that have not been paid shall become immediately due and payable. Interest on unpaid fees shall accrue based on the rate and amount established under
(2) Penalty
Any entity that, after notice and demand for payment of any fee under subsection (h), fails to pay such fee in a timely manner shall be liable for a penalty or liquidated damage equal to two times the amount of such fee. Any such amount collected under this paragraph shall be deposited into the appropriate account specified under subsection (i) and shall be available as described in such subsection.
(3) Termination by the entity
Any entity who has previously entered into an agreement with U.S. Customs and Border Protection for the reimbursement of fees in effect on December 16, 2016, or under the provisions of this section, may request that such agreement be amended to provide for termination upon advance notice, length, and terms that are negotiated between such entity and U.S. Customs and Border Protection.
(k) Annual report
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) Rule of construction
Nothing in this section may be construed as imposing on U.S. Customs and Border Protection any responsibilities, duties, or authorities relating to real property.
(
Editorial Notes
References in Text
This chapter, referred to in subsec. (d)(1)(A)(ii), was in the original "this Act", meaning
1 So in original. Probably should be "Protection".
§301a. Port of entry donation authority
(a) Personal property donation authority
(1) In general
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 or -leased land port of entry.
(C) A new Federal Government-owned or -leased land port of entry if—
(i) the fair market value of the donation is $75,000,000 or less; and
(ii) the fair market value of donations with respect to the land port of entry total $75,000,000 or less over the preceding five years.
(2) Limitation on monetary donations
Any monetary donation accepted pursuant to this subsection may not be used to pay the salaries of U.S. Customs and Border Protection employees performing inspection services.
(3) Uses
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
(A) furniture, fixtures, equipment, or technology, including the installation or deployment of such items; and
(B) the operation and maintenance of such furniture, fixtures, equipment, or technology.
(b) Real property donation authority
(1) In general
Subject to paragraph (3), the Commissioner of U.S. Customs and Border Protection, and the Administrator of General Services, as applicable, may enter into an agreement with any entity to accept a donation of real property or money for uses described in paragraph (2) only with respect to the following locations at which U.S. Customs and Border Protection performs or will be performing inspection services:
(A) A new or existing sea or air port of entry.
(B) An existing Federal Government-owned land port of entry.
(C) A new Federal Government-owned land port of entry if—
(i) the fair market value of the donation is $75,000,000 or less; and
(ii) the fair market value of donations with respect to the land port of entry total $75,000,000 or less over the preceding five years.
(2) Use
Donations accepted pursuant to this subsection may be used for activities of the Office of Field Operations set forth in
(A) land acquisition, design, construction, repair, or alteration; and
(B) operation and maintenance of such port of entry facility.
(3) Limitation on real property donations
A donation of real property under this subsection at an existing land port of entry owned by the General Services Administration may only be accepted by the Administrator of General Services.
(4) Sunset
(A) In general
The authority to enter into an agreement under this subsection shall terminate on December 31, 2026.
(B) Rule of construction
The termination date referred to in subparagraph (A) shall not apply to a proposal accepted for consideration by U.S. Customs and Border Protection or the General Services Administration pursuant to this section or a prior pilot program prior to such termination date.
(c) General provisions
(1) Duration
An agreement entered into under subsection (a) or (b) (and, in the case of such subsection (b), in accordance with paragraph (4) of such subsection) may last as long as required to meet the terms of such agreement.
(2) Criteria
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) Evaluation procedures
(A) In general
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) Considerations
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) Determination and notification
(i) Incomplete proposals
(I) In general
Not later than 60 days after receiving the proposals for a donation agreement from an entity, the Commissioner of U.S. Customs and Border Protection shall notify such entity as to whether such proposal is complete or incomplete.
(II) Resubmission
If the Commissioner of U.S. Customs and Border Protection determines that a proposal is incomplete, the Commissioner shall—
(aa) notify the appropriate entity and provide such entity with a description of all information or material that is needed to complete review of the proposal; and
(bb) allow the entity to resubmit the proposal with additional information and material described in item (aa) to complete the proposal.
(ii) Complete proposals
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) Supplemental funding
Except as required under
(5) Return of donations
The Commissioner of U.S. Customs and Border Protection, or the Administrator of General Services, as applicable, may return any donation made pursuant to subsection (a) or (b). No interest shall be owed to the donor with respect to any donation provided under such subsections that is returned pursuant to this subsection.
(6) Prohibition on certain funding
(A) In general
Except as provided in subsections (a) and (b) regarding the acceptance of donations, the Commissioner of U.S. Customs and Border Protection and the Administrator of General Services, as applicable, may not, with respect to an agreement entered into under either of such subsections, obligate or expend amounts in excess of amounts that have been appropriated pursuant to any appropriations Act for purposes specified in either of such subsections or otherwise made available for any of such purposes.
(B) Certification requirement
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 2
(i) the donation will not be used for the construction of a detention facility or a border fence or wall; and
(ii) the donor will be notified in the Donations Acceptance Agreement that the donor shall be financially responsible for all costs and operating expenses related to the operation, maintenance, and repair of the donated real property until such time as U.S. Customs and Border Protection provides the donor written notice otherwise.
(7) Annual reports
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) GAO report
The Comptroller General of the United States shall submit an 3 biennial report to the congressional committees referred to in subsection (c)(7) that evaluates—
(1) fee agreements entered into pursuant to
(2) donation agreements entered into pursuant to subsections (a) and (b); and
(3) the fees and donations received by U.S. Customs and Border Protection pursuant to such agreements.
(e) Judicial review
Decisions of the Commissioner of U.S. Customs and Border Protection and the Administrator of General Services under this section regarding the acceptance of real or personal property are in the discretion of the Commissioner and the Administrator and are not subject to judicial review.
(f) Rule of construction
Except as otherwise provided in this section, nothing in this section may be construed as affecting in any manner the responsibilities, duties, or authorities of U.S. Customs and Border Protection or the General Services Administration.
(
Editorial Notes
Amendments
2021—Subsec. (a)(1)(B), (C).
Subsec. (a)(1)(C)(i).
Subsec. (a)(1)(C)(ii).
Subsec. (a)(3).
Subsec. (b)(1).
Subsec. (b)(1)(C)(i).
Subsec. (b)(1)(C)(ii).
Subsec. (b)(4)(A).
Subsec. (b)(4)(B).
Subsec. (c)(6)(B).
Subsec. (d).
Subsec. (e).
2020—Subsec. (b)(4)(A).
2 So in original. Probably should be followed by a dash.
3 So in original. Probably should be "a".
§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 (
(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.
(
Editorial Notes
References in Text
Section 4 of the Cross-Border Trade Enhancement Act of 2016, referred to in text, is section 4 of
§301c. Definitions
In this part:
(1) Donor
The term "donor" means any entity that is proposing to make a donation under this chapter.
(2) Entity
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.
(
Editorial Notes
References in Text
This chapter, referred to in par. (1), was in the original "this Act", meaning