6 U.S.C. § 348 — Joint task forces

Page 199 TITLE 6—DOMESTIC SECURITY § 348 Editorial Notes AMENDMENTS 2022—Subsec. (a)(3)(C), (D). Pub. L. 117–263, § 7141(a)(1), added subpar. (C) and redesignated former subpar. (C) as (D). Subsec. (b)(2). Pub. L. 117–263, § 7141(a)(2)(A), inserted ‘‘based on the risk assessment required pursuant to subsection (c)(2)(B)’’ before semicolon at end. Subsec. (b)(3). Pub. L. 117–263, § 7141(a)(2)(B), inserted ‘‘, to the extent practicable,’’ after ‘‘describe’’ and sub- stituted ‘‘resources required’’ for ‘‘budget plan’’. Subsec. (b)(4). Pub. L. 117–263, § 7141(a)(2)(C), inserted ‘‘, to the extent practicable,’’ after ‘‘identify’’ and sub- stituted ‘‘resources required to’’ for ‘‘budget plan re- quired to provide sufficient resources to successfully’’ and ‘‘, including any resources identified from redun- dant, wasteful, or unnecessary capabilities or capac- ities that may be redirected to better support other ex- isting capabilities or capacities, as the case may be; and’’ for semicolon at end. Subsec. (b)(6). Pub. L. 117–263, § 7141(a)(2)(D), (E), struck out par. (6) which read as follows: ‘‘review and assess the effectiveness of the mechanisms of the De- partment for executing the process of turning the re- quirements developed in the quadrennial homeland se- curity review into an acquisition strategy and expendi- ture plan within the Department.’’ Subsec. (c)(1). Pub. L. 117–263, § 7141(a)(3)(A), sub- stituted ‘‘60 days after the date of the submission of the President’s budget for the fiscal year after the fiscal year’’ for ‘‘December 31 of the year’’. Subsec. (c)(2)(B). Pub. L. 117–263, § 7141(a)(3)(B)(i), sub- stituted ‘‘risk assessment of’’ for ‘‘description of the threats to’’. Subsec. (c)(2)(C). Pub. L. 117–263, § 7141(a)(3)(B)(ii), in- serted ‘‘, as required under subsection (b)(2)’’ before semicolon at end. Subsec. (c)(2)(D). Pub. L. 117–263, § 7141(a)(3)(B)(iii), in- serted ‘‘to the extent practicable,’’ before ‘‘a descrip- tion’’ and substituted ‘‘resources required’’ for ‘‘budget plan’’. Subsec. (c)(2)(F). Pub. L. 117–263, § 7141(a)(3)(B)(iv), in- serted ‘‘to the extent practicable,’’ before ‘‘a discus- sion’’ and struck out ‘‘the status of’’ before ‘‘coopera- tion’’. Subsec. (c)(2)(G). Pub. L. 117–263, § 7141(a)(3)(B)(v), in- serted ‘‘to the extent practicable,’’ before ‘‘a discus- sion’’, ‘‘and risks’’ before ‘‘to national homeland’’, and ‘‘and’’ after semicolon at end and struck out ‘‘the sta- tus of’’ before ‘‘cooperation’’. Subsec. (c)(2)(H), (I). Pub. L. 117–263, § 7141(a)(3)(B)(vi), (vii), redesignated subpar. (I) as (H) and struck out former subpar. (H) which read as follows: ‘‘an expla- nation of any underlying assumptions used in con- ducting the review; and’’. Subsec. (c)(3), (4). Pub. L. 117–263, § 7141(a)(3)(C), (D), added par. (3) and redesignated former par. (3) as (4). Subsecs. (d), (e). Pub. L. 117–263, § 7141(a)(4), (5), added subsec. (d) and redesignated former subsec. (d) as (e). 2019—Subsec. (a)(3)(A). Pub. L. 116–92, § 1740(b)(1), in- serted ‘‘the Secretary of Energy,’’ after ‘‘the Secretary of Agriculture’’. Subsec. (c)(2)(B). Pub. L. 116–92, § 1740(b)(2), which di- rected insertion of ‘‘or for purposes of the quadrennial EMP and GMD risk assessment under section 195f(d)(1)(E) of this title’’ after review, was executed by making the insertion after ‘‘review’’ as if quotation marks had appeared around the word in the directory language, to reflect the probable intent of Congress. 2016—Subsec. (a)(3)(B). Pub. L. 114–328 inserted ‘‘, including the Under Secretary for Strategy, Policy, and Plans’’ after ‘‘Department’’. Statutory Notes and Related Subsidiaries EFFECTIVE DATE OF 2022 AMENDMENT Pub. L. 117–263, div. G, title LXXI, § 7141(b), Dec. 23, 2022, 136 Stat. 3654, provided that: ‘‘The amendments made by this Act [probably means ‘‘this section’’, amending this section] shall apply with respect to a quadrennial homeland security review conducted after December 31, 2021.’’ PREPARATION FOR FIRST QUADRENNIAL HOMELAND SECURITY REVIEW Pub. L. 110–53, title XXIV, § 2401(b), Aug. 3, 2007, 121 Stat. 546, provided that: ‘‘(1) IN GENERAL.—During fiscal years 2007 and 2008, the Secretary of Homeland Security shall make prep- arations to conduct the first quadrennial homeland se- curity review under section 707 of the Homeland Secu- rity Act of 2002 [6 U.S.C. 347], as added by subsection (a), in fiscal year 2009, including— ‘‘(A) determining the tasks to be performed; ‘‘(B) estimating the human, financial, and other re- sources required to perform each task; ‘‘(C) establishing the schedule for the execution of all project tasks; ‘‘(D) ensuring that these resources will be available as needed; and ‘‘(E) all other preparations considered necessary by the Secretary. ‘‘(2) REPORT.—Not later than 60 days after the date of enactment of this Act [Aug. 3, 2007], the Secretary shall submit to Congress and make publicly available on the Internet website of the Department of Homeland Secu- rity a detailed resource plan specifying the estimated budget and number of staff members that will be re- quired for preparation of the first quadrennial home- land security review.’’ § 348. Joint task forces (a) Definition In this section, the term ‘‘situational aware- ness’’ means knowledge and unified under- standing of unlawful cross-border activity, in- cluding— (1) threats and trends concerning illicit traf- ficking and unlawful crossings; (2) the ability to forecast future shifts in such threats and trends; (3) the ability to evaluate such threats and trends at a level sufficient to create action- able plans; and (4) the operational capability to conduct continuous and integrated surveillance of the air, land, and maritime borders of the United States. (b) Joint task forces (1) Establishment The Secretary may establish and operate de- partmental Joint Task Forces to conduct joint operations using personnel and capabilities of the Department for the purposes specified in paragraph (2). (2) Purposes (A) In general Subject to subparagraph (B), the purposes referred to in paragraph (1) are or relate to the following: (i) Securing the land and maritime bor- ders of the United States. (ii) Homeland security crises. (iii) Establishing regionally-based oper- ations. (B) Limitation (i) In general The Secretary may not establish a Joint Task Force for any major disaster or Page 200 TITLE 6—DOMESTIC SECURITY § 348 emergency declared under the Robert T. Stafford Disaster Relief and Emergency Assistance Act (42 U.S.C. 5121 et seq.) or an incident for which the Federal Emergency Management Agency has primary respon- sibility for management of the response under subchapter V of this chapter, includ- ing section 314(a)(3)(A) of this title, unless the responsibilities of such a Joint Task Force— (I) do not include operational functions related to incident management, includ- ing coordination of operations; and (II) are consistent with the require- ments of paragraphs (3) and (4)(A) of sec- tion 313(c) and section 319(c) of this title, and section 302 of the Robert T. Stafford Disaster Relief and Emergency Assist- ance Act (42 U.S.C. 5143). (ii) Responsibilities and functions not re- duced Nothing in this section may be construed to reduce the responsibilities or functions of the Federal Emergency Management Agency or the Administrator of the Agen- cy under subchapter V of this chapter or any other provision of law, including the diversion of any asset, function, or mission from the Agency or the Administrator of the Agency pursuant to section 316 of this title. (3) Joint task force directors (A) Director Each Joint Task Force established and op- erated pursuant to paragraph (1) shall be headed by a Director, appointed by the President, for a term of not more than two years. The Secretary shall submit to the President recommendations for such ap- pointments after consulting with the heads of the components of the Department with membership on any such Joint Task Force. Any Director appointed by the President shall be— (i) a current senior official of the Depart- ment with not less than one year of sig- nificant leadership experience at the De- partment; or (ii) if no suitable candidate is available at the Department, an individual with— (I) not less than one year of significant leadership experience in a Federal agen- cy since the establishment of the De- partment; and (II) a demonstrated ability in, knowl- edge of, and significant experience work- ing on the issues to be addressed by any such Joint Task Force. (B) Extension The Secretary may extend the appoint- ment of a Director of a Joint Task Force under subparagraph (A) for not more than two years if the Secretary determines that such an extension is in the best interest of the Department. (4) Joint Task Force deputy directors For each Joint Task Force, the Secretary shall appoint a Deputy Director who shall be an official of a different component or office of the Department than the Director of such Joint Task Force. (5) Responsibilities The Director of a Joint Task Force, subject to the oversight, direction, and guidance of the Secretary, shall— (A) when established for the purpose re- ferred to in paragraph (2)(A)(i), maintain sit- uational awareness within the areas of re- sponsibility of the Joint Task Force, as de- termined by the Secretary; (B) provide operational plans and require- ments for standard operating procedures and contingency operations within the areas of responsibility of the Joint Task Force, as determined by the Secretary; (C) plan and execute joint task force ac- tivities within the areas of responsibility of the Joint Task Force, as determined by the Secretary; (D) set and accomplish strategic objectives through integrated operational planning and execution; (E) exercise operational direction over per- sonnel and equipment from components and offices of the Department allocated to the Joint Task Force to accomplish the objec- tives of the Joint Task Force; (F) when established for the purpose re- ferred to in paragraph (2)(A)(i), establish operational and investigative priorities within the areas of responsibility of the Joint Task Force, as determined by the Sec- retary; (G) coordinate with foreign governments and other Federal, State, and local agencies, as appropriate, to carry out the mission of the Joint Task Force; and (H) carry out other duties and powers the Secretary determines appropriate. (6) Personnel and resources (A) In general The Secretary may, upon request of the Director of a Joint Task Force, and giving appropriate consideration of risk to the other primary missions of the Department, allocate to such Joint Task Force on a tem- porary basis personnel and equipment of components and offices of the Department. (B) Cost neutrality A Joint Task Force may not require more resources than would have otherwise been required by the Department to carry out the duties assigned to such Joint Task Force if such Joint Task Force had not been estab- lished. (C) Location of operations In establishing a location of operations for a Joint Task Force, the Secretary shall, to the extent practicable, use existing facilities that integrate efforts of components of the Department and State, local, tribal, or terri- torial law enforcement or military entities. (D) Consideration of impact When reviewing requests for allocation of component personnel and equipment under Page 201 TITLE 6—DOMESTIC SECURITY § 348 subparagraph (A), the Secretary shall con- sider the impact of such allocation on the ability of the donating component or office to carry out the primary missions of the De- partment, and in the case of the Coast Guard, the missions specified in section 468 of this title. (E) Limitation Personnel and equipment of the Coast Guard allocated under this paragraph may be used only to carry out operations and in- vestigations related to the missions speci- fied in section 468 of this title. (F) Report The Secretary shall, at the time the budg- et of the President is submitted to Congress for a fiscal year under section 1105(a) of title 31, submit to the Committee on Homeland Security and the Committee on Transpor- tation and Infrastructure of the House of Representatives and the Committee on Homeland Security and Governmental Af- fairs and the Committee on Commerce, Science, and Transportation of the Senate a report on the total funding, personnel, and other resources that each component or of- fice of the Department allocated under this paragraph to each Joint Task Force to carry out the mission of such Joint Task Force during the fiscal year immediately preceding each such report, and a description of the de- gree to which the resources drawn from each component or office impact the primary mis- sion of such component or office. (7) Component resource authority As directed by the Secretary— (A) each Director of a Joint Task Force shall be provided sufficient resources from relevant components and offices of the De- partment and the authority necessary to carry out the missions and responsibilities of such Joint Task Force required under this section; (B) the resources referred to in subpara- graph (A) shall be under the operational au- thority, direction, and control of the Direc- tor of the Joint Task Force to which such resources are assigned; and (C) the personnel and equipment of each Joint Task Force shall remain under the ad- ministrative direction of the head of the component or office of the Department that provided such personnel or equipment. (8) Joint Task Force staff (A) In general Each Joint Task Force shall have a staff, composed of personnel from relevant compo- nents and offices of the Department, to as- sist the Director of such Joint Task Force in carrying out the mission and responsibilities of such Joint Task Force. (B) Report The Secretary shall include in the report submitted under paragraph (6)(F)— (i) the number of personnel of each com- ponent or office permanently assigned to each Joint Task Force; and (ii) the number of personnel of each com- ponent or office assigned on a temporary basis to each Joint Task Force. (9) Mission; establishment of performance metrics The Secretary shall— (A) using leading practices in performance management and lessons learned by other law enforcement task forces and joint oper- ations, establish— (i) the mission, strategic goals, and ob- jectives of each Joint Task Force; (ii) the criteria for terminating each Joint Task Force; (iii) outcome-based and other appro- priate performance metrics for evaluating the effectiveness of each Joint Task Force with respect to the mission, strategic goals, and objectives established pursuant to clause (i), including— (I) targets for each Joint Task Force to achieve by not later than one and three years after such establishment; and (II) a description of the methodology used to establish such metrics; and (iv) a staffing plan for each Joint Task Force; (B) not later than 120 days after December 23, 2022, and 120 days after the establishment of a new Joint Task Force, as appropriate, submit to the Committee on Homeland Se- curity and the Committee on Transportation and Infrastructure of the House of Rep- resentatives and the Committee on Home- land Security and Governmental Affairs and the Committee on Commerce, Science, and Transportation of the Senate the mission, strategic goals, objectives, and metrics es- tablished under subparagraph (A); and (C) not later than December 23, 2024, and annually thereafter, submit to the commit- tees specified in subparagraph (B) a report containing information regarding— (i) the progress in implementing the out- come-based and other appropriate perform- ance metrics established pursuant to sub- paragraph (A)(iii); (ii) the staffing plan developed for each Joint Task Force pursuant to subpara- graph (A)(iv); and (iii) any modification to the mission, strategic goals, and objectives of each Joint Task Force, and a description of, and rationale for, any such modifications. (10) Joint duty training program (A) In general The Secretary shall— (i) establish a joint duty training pro- gram in the Department for the purposes of— (I) enhancing coordination within the Department; and (II) promoting workforce professional development; and (ii) tailor such joint duty training pro- gram to improve joint operations as part of the Joint Task Forces. Page 202 TITLE 6—DOMESTIC SECURITY § 348 (B) Elements The joint duty training program estab- lished under subparagraph (A) shall address, at a minimum, the following topics: (i) National security strategy. (ii) Strategic and contingency planning. (iii) Command and control of operations under joint command. (iv) International engagement. (v) The homeland security enterprise. (vi) Interagency collaboration. (vii) Leadership. (viii) Specific subject matters relevant to the Joint Task Force, including matters relating to the missions specified in sec- tion 468 of this title, to which the joint duty training program is assigned. (C) Training required (i) Directors and deputy directors Except as provided in clauses (iii) and (iv), an individual shall complete the joint duty training program before being ap- pointed Director or Deputy Director of a Joint Task Force. (ii) Joint Task Force staff Each official serving on the staff of a Joint Task Force shall complete the joint duty training program within the first year of assignment to such Joint Task Force. (iii) Exception Clause (i) shall not apply to the first Di- rector or Deputy Director appointed to a Joint Task Force on or after December 23, 2016. (iv) Waiver The Secretary may waive the applica- tion of clause (i) if the Secretary deter- mines that such a waiver is in the interest of homeland security or necessary to carry out the mission for which a Joint Task Force was established. (11) Notification of Joint Task Force formation or termination (A) In general Not later than seven days after estab- lishing or terminating a Joint Task Force under this subsection, the Secretary shall submit to the majority leader of the Senate, the minority leader of the Senate, the Speaker of the House of Representatives, the majority leader of the House of Representa- tives, the minority leader of the House of Representatives, and the Committee on Homeland Security and the Committee on Transportation and Infrastructure of the House of Representatives and the Committee on Homeland Security and Governmental Affairs and the Committee on Commerce, Science, and Transportation of the Senate a notification regarding such establishment or termination, as the case may be. The con- tents of any such notification shall include the following: (i) The criteria and conditions required to establish or terminate the Joint Task Force at issue. (ii) The primary mission, strategic goals, objectives, and plan of operations of such Joint Task Force. (iii) If such notification is a notification of termination, information on the effec- tiveness of such Joint Task Force as meas- ured by the outcome-based performance metrics and other appropriate performance metrics established pursuant to paragraph (9)(A)(iii). (iv) The funding and resources required to establish or terminate such Joint Task Force. (v) The number of personnel of each com- ponent or office permanently assigned to such Joint Task Force. (vi) The number of personnel of each component and office assigned on a tem- porary basis to such Joint Task Force. (vii) If such notification is a notification of establishment, the anticipated costs of establishing and operating such Joint Task Force. (viii) If such notification is a notifica- tion of termination, funding allocated in the immediately preceding fiscal year to such Joint Task Force for— (I) operations, notwithstanding such termination; and (II) activities associated with such ter- mination. (ix) The anticipated establishment or ac- tual termination date of such Joint Task Force, as the case may be. (B) Waiver authority The Secretary may waive the requirement under subparagraph (A) in the event of an emergency circumstance that imminently threatens the protection of human life or property. (12) Review (A) In general Not later than one year after December 23, 2022, the Comptroller General of the United States shall submit to the Committee on Homeland Security and the Committee on Transportation and Infrastructure of the House of Representatives and the Committee on Homeland Security and Governmental Affairs and the Committee on Commerce, Science, and Transportation of the Senate an assessment of the effectiveness of the Secretary’s utilization of the authority pro- vided under this section for the purposes specified in subsection (b)(2) as among the range of options available to the Secretary to conduct joint operations among depart- mental components and offices and a review of the Joint Task Forces established under this subsection. (B) Contents The review required under subparagraph (A) shall include— (i) an assessment of methodology uti- lized to determine whether to establish or terminate each Joint Task Force; and (ii) an assessment of the effectiveness of oversight over each Joint Task Force, with Page 203 TITLE 6—DOMESTIC SECURITY § 348 specificity regarding the Secretary’s utili- zation of outcome-based or other appro- priate performance metrics (established pursuant to paragraph (9)(A)(iii)) to evalu- ate the effectiveness of each Joint Task Force in measuring progress with respect to the mission, strategic goals, and objec- tives (established pursuant to paragraph (9)(A)(i)) of such Joint Task Force. (13) Sunset This section expires on September 30, 2026. (c) Joint duty assignment program After establishing the joint duty training pro- gram under subsection (b)(10), the Secretary shall establish a joint duty assignment program within the Department for the purposes of en- hancing coordination in the Department and promoting workforce professional development. (Pub. L. 107–296, title VII, § 708, as added Pub. L. 114–328, div. A, title XIX, § 1901(b), Dec. 23, 2016, 130 Stat. 2665; amended Pub. L. 117–263, div. G, title LXXI, § 7111(b), Dec. 23, 2022, 136 Stat. 3625; Pub. L. 118–103, § 2(a), Oct. 1, 2024, 138 Stat. 1584.) Editorial Notes REFERENCES IN TEXT The Robert T. Stafford Disaster Relief and Emer- gency Assistance Act, referred to in subsec. (b)(2)(B)(i), is Pub. L. 93–288, May 22, 1974, 88 Stat. 143, which is classified principally to chapter 68 (§ 5121 et seq.) of Title 42, The Public Health and Welfare. For complete classification of this Act to the Code, see Short Title note set out under section 5121 of Title 42 and Tables. AMENDMENTS 2024—Subsec. (b)(9)(A)(iv). Pub. L. 118–103, § 2(a)(1)(A), added cl. (iv). Subsec. (b)(9)(C). Pub. L. 118–103, § 2(a)(1)(B), amended subpar. (C) generally. Prior to amendment, subpar. (C) read as follows: ‘‘not later than one year after Decem- ber 23, 2022, and annually thereafter, submit to the committees specified in subparagraph (B) a report that contains information on the progress in implementing the outcome-based and other appropriate performance metrics established pursuant to subparagraph (A)(iii).’’ Subsec. (b)(13). Pub. L. 118–103, § 2(a)(2), substituted ‘‘2026’’ for ‘‘2024’’. 2022—Subsec. (b)(8). Pub. L. 117–263, § 7111(b)(1), amended par. (8) generally. Prior to amendment, text read as follows: ‘‘Each Joint Task Force shall have a staff, composed of officials from relevant components and offices of the Department, to assist the Director of such Joint Task Force in carrying out the mission and responsibilities of such Joint Task Force.’’ Subsec. (b)(9). Pub. L. 117–263, § 7111(b)(2)(A), sub- stituted ‘‘Mission; establishment’’ for ‘‘Establishment’’ in heading. Subsec. (b)(9)(A). Pub. L. 117–263, § 7111(b)(2)(B), amended subpar. (A) generally. Prior to amendment, subpar. (A) read as follows: ‘‘establish outcome-based and other appropriate performance metrics to evaluate the effectiveness of each Joint Task Force;’’. Subsec. (b)(9)(B). Pub. L. 117–263, § 7111(b)(2)(C), sub- stituted ‘‘December 23, 2022’’ for ‘‘December 23, 2016’’ and ‘‘; and’’ for period at end and inserted ‘‘mission, strategic goals, objectives, and’’ before ‘‘metrics’’. Subsec. (b)(9)(C). Pub. L. 117–263, § 7111(b)(2)(D), amended subpar. (C) generally. Prior to amendment, subpar. (C) read as follows: ‘‘not later than January 31 of each year beginning in 2017, submit to each com- mittee specified in subparagraph (B) a report that con- tains the evaluation described in subparagraph (A).’’ Subsec. (b)(11). Pub. L. 117–263, § 7111(b)(3)(A), inserted ‘‘or termination’’ after ‘‘formation’’ in heading. Subsec. (b)(11)(A). Pub. L. 117–263, § 7111(b)(3)(B), amended subpar. (A) generally. Prior to amendment, subpar. (A) read as follows: ‘‘Not later than 90 days be- fore establishing a Joint Task Force under this sub- section, the Secretary shall submit to the majority leader of the Senate, the minority leader of the Senate, the Speaker of the House of Representatives, the ma- jority leader of the House of Representatives, the mi- nority leader of the House of Representatives, and the Committee on Homeland Security and the Committee on Transportation and Infrastructure of the House of Representatives and the Committee on Homeland Secu- rity and Governmental Affairs and the Committee on Commerce, Science, and Transportation of the Senate a notification regarding such establishment.’’ Subsec. (b)(12)(A). Pub. L. 117–263, § 7111(b)(4)(A), sub- stituted ‘‘one year after December 23, 2022, the Comp- troller General of the United States’’ for ‘‘January 31, 2018, and January 31, 2021, the Inspector General of the Department’’ and inserted ‘‘an assessment of the effec- tiveness of the Secretary’s utilization of the authority provided under this section for the purposes specified in subsection (b)(2) as among the range of options avail- able to the Secretary to conduct joint operations among departmental components and offices and’’ be- fore ‘‘a review of the Joint Task Forces’’. Subsec. (b)(12)(B). Pub. L. 117–263, § 7111(b)(4)(B)(i), substituted ‘‘review’’ for ‘‘reviews’’ in introductory provisions. Subsec. (b)(12)(B)(i), (ii). Pub. L. 117–263, § 7111(b)(4)(B)(ii), amended cls. (i) and (ii) generally. Prior to amendment, cls. (i) and (ii) read as follows: ‘‘(i) an assessment of the effectiveness of the struc- ture of each Joint Task Force; and ‘‘(ii) recommendations for enhancements to such structure to strengthen the effectiveness of each Joint Task Force.’’ Subsec. (b)(13). Pub. L. 117–263, § 7111(b)(5), substituted ‘‘2024’’ for ‘‘2022’’. Statutory Notes and Related Subsidiaries ANNUAL BRIEFING Pub. L. 118–103, § 2(b), Oct. 1, 2024, 138 Stat. 1584, pro- vided that: ‘‘(1) IN GENERAL.—Not later than 1 year after the date of the enactment of this Act [Oct. 1, 2024], and annually thereafter, the Secretary of Homeland Security shall brief— ‘‘(A) the Committee on Homeland Security and Governmental Affairs of the Senate; ‘‘(B) the Committee on Commerce, Science, and Transportation of the Senate; ‘‘(C) the Committee on Homeland Security of the House of Representatives; and ‘‘(D) the Committee on Transportation and Infra- structure of the House of Representatives. ‘‘(2) TOPICS.—Each briefing required under paragraph (1) shall cover the latest staffing and resource assess- ment at Joint Task Force-East, including— ‘‘(A)(i) a determination of whether the current staffing levels of Joint Task Force-East are sufficient to successfully advance the mission, strategic goals, and objectives of such Joint Task Force; and ‘‘(ii) if such determination reveals insufficient staffing levels, the cost, timeline, and strategy for in- creasing such staffing levels; and ‘‘(B)(i) a determination of whether sufficient re- sources are being provided for Joint Task Force-East in accordance with section 708(b)(7)(a) of the Home- land Security Act of 2002 (6 U.S.C. 348(b)(7)(a)); and ‘‘(ii) if such determination reveals insufficient re- source levels, the cost, timeline, and strategy for pro- viding any remaining resource requirements.’’ TRANSITION PROVISIONS Pub. L. 114–328, div. A, title XIX, § 1901(c), Dec. 23, 2016, 130 Stat. 2670, provided that: ‘‘An individual serv- ing as a Director of a Joint Task Force of the Depart- Page 204 TITLE 6—DOMESTIC SECURITY § 349 ment of Homeland Security in existence on the day be- fore the date of the enactment of this section [Dec. 23, 2016] may serve as the Director of such Joint Task Force on and after such date of enactment until a Di- rector of such Joint Task Force is appointed pursuant to subparagraph (A) of section 708(b)(3) [6 U.S.C. 348(b)(3)], as added by subsection (a) of this section.’’ § 349. Office of Strategy, Policy, and Plans (a) In general There is established in the Department an Of- fice of Strategy, Policy, and Plans. (b) Head of Office The Office of Strategy, Policy, and Plans shall be headed by an Under Secretary for Strategy, Policy, and Plans, who shall serve as the prin- cipal policy advisor to the Secretary. The Under Secretary for Strategy, Policy, and Plans shall be appointed by the President, by and with the advice and consent of the Senate. (c) Functions The Under Secretary for Strategy, Policy, and Plans shall— (1) lead, conduct, and coordinate Depart- ment-wide policy development and implemen- tation and strategic planning; (2) develop and coordinate policies to pro- mote and ensure quality, consistency, and in- tegration for the programs, components, of- fices, and activities across the Department; (3) develop and coordinate strategic plans and long-term goals of the Department with risk-based analysis and planning to improve operational mission effectiveness, including consultation with the Secretary regarding the quadrennial homeland security review under section 347 of this title; (4) manage Department leadership councils and provide analytics and support to such councils; (5) manage international coordination and engagement for the Department; (6) review and incorporate, as appropriate, external stakeholder feedback into Depart- ment policy; and (7) carry out such other responsibilities as the Secretary determines appropriate. (d) Deputy Under Secretary (1) In general The Secretary may— (A) establish within the Office of Strategy, Policy, and Plans a position of Deputy Under Secretary to support the Under Secretary for Strategy, Policy, and Plans in carrying out the Under Secretary’s responsibilities; and (B) appoint a career employee to such posi- tion. (2) Limitation on establishment of Deputy Under Secretary positions A Deputy Under Secretary position (or any substantially similar position) within the Of- fice of Strategy, Policy, and Plans may not be established except for the position provided for by paragraph (1), unless the Secretary re- ceives prior authorization from Congress. (3) Definitions For purposes of paragraph (1)— (A) the term ‘‘career employee’’ means any employee (as such term is defined in section 2105 of title 5), but does not include a polit- ical appointee; and (B) the term ‘‘political appointee’’ means any employee who occupies a position which has been excepted from the competitive service by reason of its confidential, policy- determining, policy-making, or policy-advo- cating character. (e) Coordination by Department components To ensure consistency with the policy prior- ities of the Department, the head of each compo- nent of the Department shall coordinate with the Office of Strategy, Policy, and Plans in es- tablishing or modifying policies or strategic planning guidance with respect to each such component. (f) Homeland Security statistics and joint anal- ysis (1) Homeland Security statistics The Under Secretary for Strategy, Policy, and Plans shall— (A) establish standards of reliability and validity for statistical data collected and analyzed by the Department; (B) be provided by the heads of all compo- nents of the Department with statistical data maintained by the Department regard- ing the operations of the Department; (C) conduct or oversee analysis and report- ing of such data by the Department as re- quired by law or as directed by the Sec- retary; and (D) ensure the accuracy of metrics and sta- tistical data provided to Congress. (2) Transfer of responsibilities There shall be transferred to the Under Sec- retary for Strategy, Policy, and Plans the maintenance of all immigration statistical in- formation of U.S. Customs and Border Protec- tion, U.S. Immigration and Customs Enforce- ment, and United States Citizenship and Im- migration Services, which shall include infor- mation and statistics of the type contained in the publication entitled ‘‘Yearbook of Immi- gration Statistics’’ prepared by the Office of Immigration Statistics, including region-by- region statistics on the aggregate number of applications and petitions filed by an alien (or filed on behalf of an alien) and denied, and the reasons for such denials, disaggregated by cat- egory of denial and application or petition type. (g) Assistant Secretary (1) In general There is established within the Office of Strategy, Policy, and Plans an Assistant Sec- retary, who shall assist the Secretary in car- rying out the duties under paragraph (2) and the responsibilities under paragraph (3). Not- withstanding section 113(a)(1) of this title, the Assistant Secretary established under this paragraph shall be appointed by the President without the advice and consent of the Senate. (2) Duties At the direction of the Secretary, the Assist- ant Secretary established under paragraph (1)