6 U.S.C. § 347 — Quadrennial homeland security review

Page 197 TITLE 6—DOMESTIC SECURITY § 347 1 So in original. Probably should be ‘‘offices’’. 1 So in original. tion, including the use of funds appropriated to carry out this section, and detailing any allega- tions of abuses described under subsection (a)(1) and any actions taken by the Department in re- sponse to such allegations. (Pub. L. 107–296, title VII, § 705, Nov. 25, 2002, 116 Stat. 2219; Pub. L. 108–458, title VIII, § 8303, Dec. 17, 2004, 118 Stat. 3867.) Editorial Notes AMENDMENTS 2004—Subsec. (a). Pub. L. 108–458, § 8303(1), reenacted heading without change and amended introductory pro- visions generally. Prior to amendment, introductory provisions read as follows: ‘‘The Secretary shall ap- point in the Department an Officer for Civil Rights and Civil Liberties, who shall—’’. Subsec. (a)(1). Pub. L. 108–458, § 8303(2), amended par. (1) generally. Prior to amendment, par. (1) read as fol- lows: ‘‘review and assess information alleging abuses of civil rights, civil liberties, and racial and ethnic profiling by employees and officials of the Department; and’’. Subsec. (a)(3) to (6). Pub. L. 108–458, § 8303(3), (4), added pars. (3) to (6). § 346. Consolidation and co-location of offices Not later than 1 year after November 25, 2002, the Secretary shall develop and submit to Con- gress a plan for consolidating and co-locating— (1) any regional offices or field offices of agencies that are transferred to the Depart- ment under this chapter, if such officers 1 are located in the same municipality; and (2) portions of regional and field offices of other Federal agencies, to the extent such of- fices perform functions that are transferred to the Secretary under this chapter. (Pub. L. 107–296, title VII, § 706, Nov. 25, 2002, 116 Stat. 2220.) Editorial Notes REFERENCES IN TEXT This chapter, referred to in pars. (1) and (2), was in the original ‘‘this Act’’, meaning Pub. L. 107–296, Nov. 25, 2002, 116 Stat. 2135, known as the Homeland Security Act of 2002, which is classified principally to this chap- ter. For complete classification of this Act to the Code, see Short Title note set out under section 101 of this title and Tables. § 347. Quadrennial homeland security review (a) Requirement (1) Quadrennial reviews required In fiscal year 2009, and every 4 years there- after, the Secretary shall conduct a review of the homeland security of the Nation (in this section referred to as a ‘‘quadrennial home- land security review’’). (2) Scope of reviews Each quadrennial homeland security review shall be a comprehensive examination of the homeland security strategy of the Nation, in- cluding recommendations regarding the long- term strategy and priorities of the Nation for homeland security and guidance on the pro- grams, assets, capabilities, budget, policies, and authorities of the Department. (3) Consultation The Secretary shall conduct each quadren- nial homeland security review under this sub- section in consultation with— (A) the heads of other Federal agencies, in- cluding the Attorney General, the Secretary of State, the Secretary of Defense, the Sec- retary of Health and Human Services, the Secretary of the Treasury, the Secretary of Agriculture the Secretary of Energy,,1 and the Director of National Intelligence; (B) key officials of the Department, in- cluding the Under Secretary for Strategy, Policy, and Plans; (C) representatives from appropriate advi- sory committees established pursuant to section 451 of this title, including the Home- land Security Advisory Council and the Homeland Security Science and Technology Advisory Committee, or otherwise estab- lished, including the Aviation Security Ad- visory Committee established pursuant to section 44946 of title 49; and (D) other relevant governmental and non- governmental entities, including State, local, and tribal government officials, mem- bers of Congress, private sector representa- tives, academics, and other policy experts. (4) Relationship with future years homeland security program The Secretary shall ensure that each review conducted under this section is coordinated with the Future Years Homeland Security Program required under section 454 of this title. (b) Contents of review In each quadrennial homeland security review, the Secretary shall— (1) delineate and update, as appropriate, the national homeland security strategy, con- sistent with appropriate national and Depart- ment strategies, strategic plans, and Home- land Security Presidential Directives, includ- ing the National Strategy for Homeland Secu- rity, the National Response Plan, and the De- partment Security Strategic Plan; (2) outline and prioritize the full range of the critical homeland security mission areas of the Nation based on the risk assessment re- quired pursuant to subsection (c)(2)(B); (3) describe, to the extent practicable, the interagency cooperation, preparedness of Fed- eral response assets, infrastructure, resources required, and other elements of the homeland security program and policies of the Nation associated with the national homeland secu- rity strategy, required to execute successfully the full range of missions called for in the na- tional homeland security strategy described in paragraph (1) and the homeland security mis- sion areas outlined under paragraph (2); (4) identify, to the extent practicable, the re- sources required to execute the full range of missions called for in the national homeland security strategy described in paragraph (1) Page 198 TITLE 6—DOMESTIC SECURITY § 347 and the homeland security mission areas out- lined under paragraph (2), including any re- sources identified from redundant, wasteful, or unnecessary capabilities or capacities that may be redirected to better support other ex- isting capabilities or capacities, as the case may be; and (5) include an assessment of the organiza- tional alignment of the Department with the national homeland security strategy referred to in paragraph (1) and the homeland security mission areas outlined under paragraph (2). (c) Reporting (1) In general Not later than 60 days after the date of the submission of the President’s budget for the fiscal year after the fiscal year in which a quadrennial homeland security review is con- ducted, the Secretary shall submit to Congress a report regarding that quadrennial homeland security review. (2) Contents of report Each report submitted under paragraph (1) shall include— (A) the results of the quadrennial home- land security review; (B) a risk assessment of the assumed or de- fined national homeland security interests of the Nation that were examined for the purposes of that review or for purposes of the quadrennial EMP and GMD risk assess- ment under section 195f(d)(1)(E) of this title; (C) the national homeland security strat- egy, including a prioritized list of the crit- ical homeland security missions of the Na- tion, as required under subsection (b)(2); (D) to the extent practicable, a description of the interagency cooperation, preparedness of Federal response assets, infrastructure, resources required, and other elements of the homeland security program and policies of the Nation associated with the national homeland security strategy, required to exe- cute successfully the full range of missions called for in the applicable national home- land security strategy referred to in sub- section (b)(1) and the homeland security mission areas outlined under subsection (b)(2); (E) an assessment of the organizational alignment of the Department with the appli- cable national homeland security strategy referred to in subsection (b)(1) and the home- land security mission areas outlined under subsection (b)(2), including the Department’s organizational structure, management sys- tems, budget and accounting systems, human resources systems, procurement sys- tems, and physical and technical infrastruc- ture; (F) to the extent practicable, a discussion of cooperation among Federal agencies in the effort to promote national homeland se- curity; (G) to the extent practicable, a discussion of cooperation between the Federal Govern- ment and State, local, and tribal govern- ments in preventing terrorist attacks and preparing for emergency response to threats and risks to national homeland security; and (H) any other matter the Secretary con- siders appropriate. (3) Documentation The Secretary shall retain and, upon re- quest, provide to Congress the following docu- mentation regarding each quadrennial home- land security review: (A) Records regarding the consultation carried out pursuant to subsection (a)(3), in- cluding the following: (i) All written communications, includ- ing communications sent out by the Sec- retary and feedback submitted to the Sec- retary through technology, online commu- nications tools, in-person discussions, and the interagency process. (ii) Information on how feedback re- ceived by the Secretary informed each such quadrennial homeland security re- view. (B) Information regarding the risk assess- ment required pursuant to subsection (c)(2)(B), including the following: (i) The risk model utilized to generate such risk assessment. (ii) Information, including data used in the risk model, utilized to generate such risk assessment. (iii) Sources of information, including other risk assessments, utilized to gen- erate such risk assessment. (iv) Information on assumptions, weigh- ing factors, and subjective judgments uti- lized to generate such risk assessment, to- gether with information on the rationale or basis thereof. (4) Public availability The Secretary shall, consistent with the pro- tection of national security and other sen- sitive matters, make each report submitted under paragraph (1) publicly available on the Internet website of the Department. (d) Review Not later than 90 days after the submission of each report required under subsection (c)(1), the Secretary shall provide to the Committee on Homeland Security of the House of Representa- tives and the Committee on Homeland Security and Governmental Affairs of the Senate infor- mation on the degree to which the findings and recommendations developed in the quadrennial homeland security review that is the subject of such report were integrated into the acquisition strategy and expenditure plans for the Depart- ment. (e) Authorization of appropriations There are authorized to be appropriated such sums as may be necessary to carry out this sec- tion. (Pub. L. 107–296, title VII, § 707, as added Pub. L. 110–53, title XXIV, § 2401(a), Aug. 3, 2007, 121 Stat. 543; amended Pub. L. 114–328, div. A, title XIX, § 1902(b), Dec. 23, 2016, 130 Stat. 2672; Pub. L. 116–92, div. A, title XVII, § 1740(b), Dec. 20, 2019, 133 Stat. 1824; Pub. L. 117–263, div. G, title LXXI, § 7141(a), Dec. 23, 2022, 136 Stat. 3652.) 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