6 U.S.C. § 123 — Terrorist travel program

Page 40 TITLE 6—DOMESTIC SECURITY § 123 1 See References in Text note below. ary and Judicial Procedure. For complete classification of title II to the Code, see Tables. AMENDMENTS 2018—Subsecs. (c), (d)(2). Pub. L. 115–278 substituted ‘‘Director of National Intelligence’’ for ‘‘Director of Central Intelligence’’. § 123. Terrorist travel program (a) Requirement to establish Not later than 90 days after August 3, 2007, the Secretary of Homeland Security, in consultation with the Director of the National Counterterrorism Center and consistent with the strategy developed under section 7201,1 shall establish a program to oversee the implementa- tion of the Secretary’s responsibilities with re- spect to terrorist travel. (b) Head of the program The Secretary of Homeland Security shall des- ignate an official of the Department of Home- land Security to be responsible for carrying out the program. Such official shall be— (1) the Assistant Secretary for Policy of the Department of Homeland Security; or (2) an official appointed by the Secretary who reports directly to the Secretary. (c) Duties The official designated under subsection (b) shall assist the Secretary of Homeland Security in improving the Department’s ability to pre- vent terrorists from entering the United States or remaining in the United States undetected by— (1) developing relevant strategies and poli- cies; (2) reviewing the effectiveness of existing programs and recommending improvements, if necessary; (3) making recommendations on budget re- quests and on the allocation of funding and personnel; (4) ensuring effective coordination, with re- spect to policies, programs, planning, oper- ations, and dissemination of intelligence and information related to terrorist travel— (A) among appropriate subdivisions of the Department of Homeland Security, as deter- mined by the Secretary and including— (i) United States Customs and Border Protection; (ii) United States Immigration and Cus- toms Enforcement; (iii) United States Citizenship and Immi- gration Services; (iv) the Transportation Security Admin- istration; and (v) the United States Coast Guard; and (B) between the Department of Homeland Security and other appropriate Federal agencies; and (5) serving as the Secretary’s primary point of contact with the National Counterterrorism Center for implementing initiatives related to terrorist travel and ensuring that the rec- ommendations of the Center related to ter- rorist travel are carried out by the Depart- ment. (d) Report Not later than 180 days after August 3, 2007, the Secretary of Homeland Security shall sub- mit to the Committee on Homeland Security and Governmental Affairs of the Senate and the Committee on Homeland Security of the House of Representatives a report on the implementa- tion of this section. (Pub. L. 108–458, title VII, § 7215, Dec. 17, 2004, 118 Stat. 3832; Pub. L. 110–53, title VII, § 722, Aug. 3, 2007, 121 Stat. 348.) Editorial Notes REFERENCES IN TEXT Section 7201, referred to in subsec. (a), is section 7201 of Pub. L. 108–458, title VII, Dec. 17, 2004, 118 Stat. 3808, which enacted section 1776 of Title 8, Aliens and Na- tionality, and provisions set out as notes under section 1776 of Title 8 and sections 3024 and 3056 of Title 50, War and National Defense. CODIFICATION Section was enacted as part of the Intelligence Re- form and Terrorism Prevention Act of 2004, and also as part of the 9/11 Commission Implementation Act of 2004, and not as part of the Homeland Security Act of 2002 which comprises this chapter. AMENDMENTS 2007—Pub. L. 110–53 reenacted section catchline with- out change and amended text generally, substituting provisions relating to establishment of a program to oversee the implementation of the Secretary’s respon- sibilities with respect to terrorist travel not later than 90 days after Aug. 3, 2007, and relating to the head of the program, such official’s duties, and report on imple- mentation for provisions relating to establishment of a program to oversee the implementation of the Depart- ment’s responsibilities with respect to terrorist travel. Statutory Notes and Related Subsidiaries NATIONAL STRATEGY TO COMBAT TERRORIST TRAVEL Pub. L. 114–328, div. A, title XIX, § 1908, Dec. 23, 2016, 130 Stat. 2678, provided that: ‘‘(a) SENSE OF CONGRESS.—It is the sense of Congress that it should be the policy of the United States to— ‘‘(1) continue to regularly assess the evolving ter- rorist threat to the United States; ‘‘(2) catalog existing Federal Government efforts to obstruct terrorist and foreign fighter travel into, out of, and within the United States, and overseas; ‘‘(3) identify such efforts that may benefit from re- form or consolidation, or require elimination; ‘‘(4) identify potential security vulnerabilities in United States defenses against terrorist travel; and ‘‘(5) prioritize resources to address any such secu- rity vulnerabilities in a risk-based manner. ‘‘(b) NATIONAL STRATEGY AND UPDATES.— ‘‘(1) IN GENERAL.—Not later than 180 days after the date of the enactment of this Act [Dec. 23, 2016], the President shall submit to the majority leader of the Senate, the minority leader of the Senate, the Speak- er of the House of Representatives, the majority lead- er of the House of Representatives, the minority lead- er of the House of Representatives, and the appro- priate congressional committees a national strategy to combat terrorist travel. The strategy shall address efforts to intercept terrorists and foreign fighters and constrain the domestic and international travel of such persons. Consistent with the protection of clas- sified information, the strategy shall be submitted in unclassified form, including, as appropriate, a classi- fied annex. ‘‘(2) UPDATED STRATEGIES.—Not later than 180 days after the date on which a new President is inaugu- Page 41 TITLE 6—DOMESTIC SECURITY § 124a rated, the President shall submit to the majority leader of the Senate, the minority leader of the Sen- ate, the Speaker of the House of Representatives, the majority leader of the House of Representatives, the minority leader of the House of Representatives, and the appropriate congressional committees an updated version of the strategy described in paragraph (1). ‘‘(3) CONTENTS.—The strategy and updates required under this subsection shall— ‘‘(A) include an accounting and description of all Federal Government programs, projects, and activi- ties designed to constrain domestic and inter- national travel by terrorists and foreign fighters; ‘‘(B) identify specific security vulnerabilities within the United States and outside of the United States that may be exploited by terrorists and for- eign fighters; ‘‘(C) delineate goals for— ‘‘(i) closing the security vulnerabilities identi- fied under subparagraph (B); and ‘‘(ii) enhancing the ability of the Federal Gov- ernment to constrain domestic and international travel by terrorists and foreign fighters; and ‘‘(D) describe the actions that will be taken to achieve the goals delineated under subparagraph (C) and the means needed to carry out such actions, including— ‘‘(i) steps to reform, improve, and streamline existing Federal Government efforts to align with the current threat environment; ‘‘(ii) new programs, projects, or activities that are requested, under development, or undergoing implementation; ‘‘(iii) new authorities or changes in existing au- thorities needed from Congress; ‘‘(iv) specific budget adjustments being re- quested to enhance United States security in a risk-based manner; and ‘‘(v) the Federal departments and agencies re- sponsible for the specific actions described in this subparagraph. ‘‘(4) SUNSET.—The requirement to submit updated national strategies under this subsection shall termi- nate on the date that is seven years after the date of the enactment of this Act [Dec. 23, 2016]. ‘‘(c) DEVELOPMENT OF IMPLEMENTATION PLANS.—For each national strategy required under subsection (b), the President shall direct the heads of relevant Federal agencies to develop implementation plans for each such agency. ‘‘(d) IMPLEMENTATION PLANS.— ‘‘(1) IN GENERAL.—The President shall submit to the majority leader of the Senate, the minority leader of the Senate, the Speaker of the House of Representa- tives, the majority leader of the House of Representa- tives, the minority leader of the House of Representa- tives, and the appropriate congressional committees an implementation plan developed under subsection (c) with each national strategy required under sub- section (b). Consistent with the protection of classi- fied information, each such implementation plan shall be submitted in unclassified form, but may in- clude a classified annex. ‘‘(2) ANNUAL UPDATES.—The President 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 Representatives, the minority leader of the House of Representatives, and the appropriate congressional committees an annual updated implementation plan during the ten-year period beginning on the date of the enactment of this Act [Dec. 23, 2016]. ‘‘(e) DEFINITION.—In this section, the term ‘appro- priate congressional committees’ means— ‘‘(1) in the House of Representatives— ‘‘(A) the Committee on Homeland Security; ‘‘(B) the Committee on Armed Services; ‘‘(C) the Permanent Select Committee on Intel- ligence; ‘‘(D) the Committee on the Judiciary; ‘‘(E) the Committee on Foreign Affairs; ‘‘(F) the Committee on Appropriations; and ‘‘(2) in the Senate— ‘‘(A) the Committee on Homeland Security and Governmental Affairs; ‘‘(B) the Committee on Armed Services; ‘‘(C) the Select Committee on Intelligence; ‘‘(D) the Committee on the Judiciary; ‘‘(E) the Committee on Foreign Relations; and ‘‘(F) the Committee on Appropriations. ‘‘(f) SPECIAL RULE FOR CERTAIN RECEIPT.—The defini- tion under subsection (e) shall be treated as including the Committee on Transportation and Infrastructure of the House of Representatives and the Committee on Commerce, Science, and Transportation of the Senate for purposes of receipt of those portions of— ‘‘(1) the national strategy (including updates there- to), and ‘‘(2) the implementation plan (including updates thereto), required under this section that relate to maritime travel into and out of the United States.’’ § 124. Homeland Security Advisory System (a) Requirement The Secretary shall administer the Homeland Security Advisory System in accordance with this section to provide advisories or warnings regarding the threat or risk that acts of ter- rorism will be committed on the homeland to Federal, State, local, and tribal government au- thorities and to the people of the United States, as appropriate. The Secretary shall exercise pri- mary responsibility for providing such advisories or warnings. (b) Required elements In administering the Homeland Security Advi- sory System, the Secretary shall— (1) establish criteria for the issuance and revocation of such advisories or warnings; (2) develop a methodology, relying on the criteria established under paragraph (1), for the issuance and revocation of such advisories or warnings; (3) provide, in each such advisory or warn- ing, specific information and advice regarding appropriate protective measures and counter- measures that may be taken in response to the threat or risk, at the maximum level of detail practicable to enable individuals, government entities, emergency response providers, and the private sector to act appropriately; (4) whenever possible, limit the scope of each such advisory or warning to a specific region, locality, or economic sector believed to be under threat or at risk; and (5) not, in issuing any advisory or warning, use color designations as the exclusive means of specifying homeland security threat condi- tions that are the subject of the advisory or warning. (Pub. L. 107–296, title II, § 203, as added Pub. L. 110–53, title V, § 501(a)(1), Aug. 3, 2007, 121 Stat. 306.) § 124a. Homeland security information sharing (a) Information sharing Consistent with section 485 of this title, the Secretary, acting through the Under Secretary for Intelligence and Analysis, shall integrate the information and standardize the format of the