6 U.S.C. § 245 — Operational data sharing capability

Page 134 TITLE 6—DOMESTIC SECURITY § 243 (Pub. L. 117–322, § 5, Dec. 27, 2022, 136 Stat. 4435.) Editorial Notes REFERENCES IN TEXT CCHT, referred to in text, means the Center for Coun- tering Human Trafficking, see section 242a(a)(1) of this title. Section 4(a), referred to in subsec. (a)(1), means sec- tion 4(a) of Pub. L. 117–322, Dec. 27, 2022, 136 Stat. 4435, which is not classified to the Code. CODIFICATION Section was enacted as part of the Countering Human Trafficking Act of 2021, and not as part of the Home- land Security Act of 2002 which comprises this chapter. § 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 Coordi- nation Plan, published by the Department on July 7, 2011, to strengthen coordination, plan- ning, information sharing, and intelligence in- tegration for maritime operations of compo- nents and offices of the Department with re- sponsibility 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 Infrastruc- ture and the Committee on Homeland Secu- rity 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 shar- ing and, as appropriate, intelligence integra- tion, with Federal, State, and local officials and the private sector, regarding threats to maritime security. (3) Cooperating and coordinating with Fed- eral 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. (Pub. L. 107–296, title IV, § 435, as added Pub. L. 115–254, div. J, § 1807(a), Oct. 5, 2018, 132 Stat. 3536.) § 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 Af- fairs of the Senate and the Committee on Trans- portation and Infrastructure and the Committee on Homeland Security of the House of Rep- resentatives, an assessment of the number and type of maritime assets and the number of per- sonnel required to increase the Department’s maritime response rate pursuant to section 223 of this title. (Pub. L. 107–296, title IV, § 436, as added Pub. L. 115–254, div. J, § 1811(a), Oct. 5, 2018, 132 Stat. 3538.) § 245. Operational data sharing capability (a) In general Not later than 18 months after December 23, 2022, the Secretary shall, consistent with the on- going Integrated Multi-Domain Enterprise joint effort by the Department of Homeland Security and the Department of Defense, establish a se- cure, 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 sub- section (a), the Secretary shall prioritize en- forcement 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 Pro- tection and the Commandant shall jointly— (1) assess and delineate the types of data and quality of data sharing needed to meet the re- spective operational missions of Customs and Border Protection and the Coast Guard, in- cluding video surveillance, seismic sensors, in- frared 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 capa- bility 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 Govern- mental 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 establish- ment of the capability under this section. Page 135 TITLE 6—DOMESTIC SECURITY § 252 (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 ac- quire, share, or transfer personal information relating to an individual in violation of any Fed- eral or State law or regulation. (Pub. L. 117–263, div. K, title CXII, § 11264, Dec. 23, 2022, 136 Stat. 4062.) 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 Pub. L. 117–263, div. K, § 11003, Dec. 23, 2022, 136 Stat. 4003, provided that: ‘‘(a) IN GENERAL.—Nothing in this division [div. K (§§ 11001–11808) of Pub. L. 117–263, see Tables for classi- fication] may be construed— ‘‘(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) TRIBAL GOVERNMENT DEFINED.—In this section, the term ‘Tribal government’ means the recognized governing body of any Indian or Alaska Native Tribe, band, nation, pueblo, village, community, component band, or component reservation, individually identified (including parenthetically) in the list published most recently as of the date of the enactment of this Act [Dec. 23, 2022] pursuant to section 104 of the Federally Recognized Indian Tribe List Act of 1994 (25 U.S.C. 5131).’’ DEFINITIONS For definitions of ‘‘Secretary’’ and ‘‘Commandant’’ as referred to in this section, see section 11002 of div. K of Pub. L. 117–263, set out as a note under section 106 of Title 14, Coast Guard. 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 Nat- uralization to the Secretary all functions per- formed under the following programs, and all personnel, assets, and liabilities pertaining to such programs, immediately before such trans- fer occurs: (1) The Border Patrol program. (2) The detention and removal program. (3) The intelligence program. (4) The investigations program. (5) The inspections program. (Pub. L. 107–296, title IV, § 441, Nov. 25, 2002, 116 Stat. 2192; Pub. L. 114–125, title VIII, § 802(g)(1)(B)(v)(I), Feb. 24, 2016, 130 Stat. 212.) Editorial Notes AMENDMENTS 2016—Pub. L. 114–125 substituted ‘‘Transfer of func- tions’’ for ‘‘Transfer of functions to Under Secretary for Border and Transportation Security’’ in section catchline and ‘‘Secretary’’ for ‘‘Under Secretary for Border and Transportation Security’’ in introductory provisions. § 252. U.S. Immigration and Customs Enforce- ment (a) Establishment (1) In general There shall be in the Department of Home- land Security a bureau to be known as the ‘‘Bureau of Border Security’’. (2) Assistant Secretary The head of U.S. Immigration and Customs Enforcement shall be the Assistant Secretary of U.S. Immigration and Customs Enforce- ment, who— (A) shall report directly to the Under Sec- retary for Border and Transportation Secu- rity; and (B) shall have a minimum of 5 years pro- fessional experience in law enforcement, and a minimum of 5 years of management expe- rience. (3) Functions The Assistant Secretary of U.S. Immigra- tion and Customs Enforcement— (A) shall establish the policies for per- forming such functions as are— (i) transferred to the Under Secretary for Border and Transportation Security by section 251 of this title and delegated to the Assistant Secretary by the Under Sec- retary for Border and Transportation Se- curity; or (ii) otherwise vested in the Assistant Secretary by law; (B) shall oversee the administration of such policies; and (C) shall advise the Under Secretary for Border and Transportation Security with re- spect to any policy or operation of U.S. Im- migration and Customs Enforcement affect- ing U.S. Citizenship and Immigration Serv- ices established under part E of this sub- chapter, including potentially conflicting policies or operations. (4) Program to collect information relating to foreign students The Assistant Secretary of U.S. Immigra- tion and Customs Enforcement shall be re- sponsible for administering the program to collect information relating to nonimmigrant foreign students and other exchange program participants described in section 1372 of title 8, including the Student and Exchange Visitor Information System established under that section, and shall use such information to carry out the enforcement functions of the agency. (5) Managerial rotation program (A) In general Not later than 1 year after the date on which the transfer of functions specified under section 251 of this title takes effect, the Assistant Secretary of U.S. Immigration and Customs Enforcement shall design and