6 U.S.C. § 1117 — Roles of the Department of Homeland Se-

Page 448 TITLE 6—DOMESTIC SECURITY § 1117 1 So in original. Probably should not be capitalized. ‘‘(I) determines that such deployment is nec- essary to meet operational or security needs; and ‘‘(II) notifies the applicable large hub airport described in clause (i). ‘‘(iii) NONDEPLOYABLE CANINES.—Any certified canine provided to the TSA under clause (i) that does not complete training for deployment under that clause shall be the responsibility of the large hub airport unless the TSA agrees to a different outcome. ‘‘(C) HANDLERS.—Not later than 30 days before a canine begins training to become a certified canine under subparagraph (B), the airport shall notify the TSA of such training and the Administrator shall assign a TSA canine handler to participate in the training with that canine, as appropriate. ‘‘(D) LIMITATION.—The Administrator may not re- duce the staffing allocation model for an applicable large hub airport based on that airport’s provision of a certified canine under this paragraph. ‘‘(j) DEFINITIONS.—In this section: ‘‘(1) APPLICABLE LARGE HUB AIRPORT.—The term ‘ap- plicable large hub airport’ means a large hub airport (as defined in section 40102 of title 49, United States Code) that has less than 100 percent of the allocated passenger screening canine teams staffed by the TSA. ‘‘(2) AVIATION STAKEHOLDER.—The term ‘aviation stakeholder’ includes an airport, airport operator, and air carrier. ‘‘SEC. 1929. TRACKING AND MONITORING OF CA- NINE TRAINING AND TESTING. ‘‘Not later than 180 days after the date of enactment of this Act [Oct. 5, 2018], the Administrator [of the Transportation Security Administration] shall use, to the extent practicable, a digital monitoring system for all training, testing, and validation or certification of public and private canine assets utilized or funded by the TSA [Transportation Security Administration] to facilitate improved review, data analysis, and record keeping of canine testing performance and program ad- ministration.’’ EXPANSION OF NATIONAL EXPLOSIVES DETECTION CANINE TEAM PROGRAM Pub. L. 115–254, div. K, title I, § 1971, Oct. 5, 2018, 132 Stat. 3613, provided that: ‘‘(a) IN GENERAL.—The Secretary [of Homeland Secu- rity], where appropriate, shall encourage State, local, and tribal governments and private owners of high-risk transportation facilities to strengthen security through the use of explosives detection canine teams. ‘‘(b) INCREASED CAPACITY.— ‘‘(1) IN GENERAL.—Before the date the Inspector General of the Department [of Homeland Security] submits the report under section 1970 [132 Stat. 3612], the Administrator [of the Transportation Security Administration] may increase the number of State and local surface and maritime transportation ca- nines by not more than 70 explosives detection canine teams. ‘‘(2) ADDITIONAL TEAMS.—Beginning on the date the Inspector General of the Department submits the re- port under section 1970, the Secretary may increase the State and local surface and maritime transpor- tation canines up to 200 explosives detection canine teams unless more are identified in the risk-based surface transportation security strategy under sec- tion 1964 [enacting provisions set out as a note under section 114 of Title 49, Transportation], consistent with section 1965 [enacting provisions set out as a note under section 114 of Title 49] or with the Presi- dent’s most recent budget submitted under section 1105 of title 31, United States Code. ‘‘(3) RECOMMENDATIONS.—Before initiating any in- crease in the number of explosives detection teams under paragraph (2), the Secretary shall consider any recommendations in the report under section 1970 on the efficacy and management of the explosives detec- tion canine program. ‘‘(c) DEPLOYMENT.—The Secretary shall— ‘‘(1) use the additional explosives detection canine teams, as described in subsection (b)(1), as part of the Department’s efforts to strengthen security across the Nation’s surface and maritime transportation networks; ‘‘(2) make available explosives detection canine teams to all modes of transportation, subject to the requirements under section 1968 [amending section 1112 of this title and enacting provisions set out as a note under section 114 of Title 49], to address specific vulnerabilities or risks, on an as-needed basis and as otherwise determined appropriate by the Secretary; and ‘‘(3) consider specific needs and training require- ments for explosives detection canine teams to be de- ployed across the Nation’s surface and maritime transportation networks, including in venues of mul- tiple modes of transportation, as the Secretary con- siders appropriate. ‘‘(d) AUTHORIZATION.—There are authorized to be ap- propriated to the Secretary to the extent of appropria- tions to carry out this section for each of fiscal years 2019 through 2021.’’ [For definition of ‘‘explosives detection canine teams’’ as used in section 1971 of Pub. L. 115–254, set out above, see section 1902 of Pub. L. 115–254, set out as a note under section 101 of Title 49, Transportation.] § 1117. Roles of the Department of Homeland Se- curity and the Department of Transportation The Secretary of Homeland Security is the principal Federal official responsible for trans- portation security. The roles and responsibil- ities of the Department of Homeland Security and the Department of Transportation in car- rying out this chapter are the roles and respon- sibilities of such Departments pursuant to the Aviation and Transportation Security Act (Pub- lic Law 107–71); the Intelligence Reform and Ter- rorism Prevention Act of 2004 (Public Law 108–458); the National Infrastructure Protection Plan required by Homeland Security Presi- dential Directive–7; The 1 Homeland Security Act of 2002 [6 U.S.C. 101 et seq.]; The 1 National Response Plan; Executive Order No. 13416: Strengthening Surface Transportation Security, dated December 5, 2006; the Memorandum of Un- derstanding between the Department and the Department of Transportation on Roles and Re- sponsibilities, dated September 28, 2004, and any and all subsequent annexes to this Memorandum of Understanding; and any other relevant agree- ments between the two Departments. (Pub. L. 110–53, title XIII, § 1310, Aug. 3, 2007, 121 Stat. 400.) Editorial Notes REFERENCES IN TEXT This chapter, referred to in text, was in the original a reference to titles XII, XIII, XIV, and XV of Pub. L. 110–53, which enacted this chapter, amended section 1992 of Title 18, Crimes and Criminal Procedure, section 70105 of Title 46, Shipping, and sections 114, 5103a, 14504, 20106, 20109, 24301, 28101, 31105, and 46301 of Title 49, Transportation, enacted provisions set out as notes under section 1101 of this title and sections 114, 13908, and 14504 of Title 49, and amended provisions set out as a note under section 14504 of Title 49. For complete classification of titles XII to XV to the Code, see Ta- bles. The Aviation and Transportation Security Act, re- ferred to in text, is Pub. L. 107–71, Nov. 19, 2001, 115 Page 449 TITLE 6—DOMESTIC SECURITY § 1118 1 So in original. The semicolon probably should be a period. Stat. 597. For complete classification of this Act to the Code, see Short Title of 2001 Amendment note set out under section 40101 of Title 49, Transportation, and Ta- bles. The Intelligence Reform and Terrorism Prevention Act of 2004, referred to in text, is Pub. L. 108–458, Dec. 17, 2004, 118 Stat. 3638. For complete classification of this Act to the Code, see Tables. The Homeland Security Act of 2002, referred to in text, is Pub. L. 107–296, Nov. 25, 2002, 116 Stat. 2135, which is classified principally to chapter 1 (§ 101 et seq.) of this title. For complete classification of this Act to the Code, see Short Title note set out under section 101 of this title and Tables. Executive Order No. 13416, referred to in text, is set out as a note under section 1101 of this title. § 1118. Biometrics expansion (a) In general The Administrator and the Commissioner of U.S. Customs and Border Protection shall con- sult with each other on the deployment of bio- metric technologies. (b) Rule of construction Nothing in this section shall be construed to permit the Commissioner of U.S. Customs and Border Protection to facilitate or expand the de- ployment of biometric technologies, or other- wise collect, use, or retain biometrics, not au- thorized by any provision of or amendment made by the Intelligence Reform and Terrorism Prevention Act of 2004 (Public Law 108–458; 118 Stat. 3638) or the Implementing Recommenda- tions of the 9/11 Commission Act of 2007 (Public Law 110–53; 121 Stat. 266). (c) Report required Not later than 270 days after October 5, 2018, the Secretary shall submit to the appropriate committees of Congress, and to any Member of Congress upon the request of that Member, a re- port that includes specific assessments from the Administrator and the Commissioner of U.S. Customs and Border Protection with respect to the following: (1) The operational and security impact of using biometric technology to identify trav- elers. (2) The potential effects on privacy of the ex- pansion of the use of biometric technology under paragraph (1), including methods pro- posed or implemented to mitigate any risks to privacy identified by the Administrator or the Commissioner related to the active or passive collection of biometric data. (3) Methods to analyze and address any matching performance errors related to race, gender, or age identified by the Administrator with respect to the use of biometric tech- nology, including the deployment of facial rec- ognition technology; 1 (4) With respect to the biometric entry-exit program, the following: (A) Assessments of— (i) the error rates, including the rates of false positives and false negatives, and ac- curacy of biometric technologies; (ii) the effects of biometric technologies, to ensure that such technologies do not unduly burden categories of travelers, such as a certain race, gender, or nationality; (iii) the extent to which and how biomet- ric technologies could address instances of travelers to the United States overstaying their visas, including— (I) an estimate of how often biometric matches are contained in an existing database; (II) an estimate of the rate at which travelers using fraudulent credentials identifications are accurately rejected; and (III) an assessment of what percentage of the detection of fraudulent identifica- tions could have been accomplished using conventional methods; (iv) the effects on privacy of the use of biometric technologies, including methods to mitigate any risks to privacy identified by the Administrator or the Commissioner of U.S. Customs and Border Protection re- lated to the active or passive collection of biometric data; and (v) the number of individuals who stay in the United States after the expiration of their visas each year. (B) A description of— (i) all audits performed to assess— (I) error rates in the use of biometric technologies; or (II) whether the use of biometric tech- nologies and error rates in the use of such technologies disproportionately af- fect a certain race, gender, or nation- ality; and (ii) the results of the audits described in clause (i). (C) A description of the process by which domestic travelers are able to opt-out of scanning using biometric technologies. (D) A description of— (i) what traveler data is collected through scanning using biometric tech- nologies, what agencies have access to such data, and how long the agencies pos- sess such data; (ii) specific actions that the Department and other relevant Federal departments and agencies take to safeguard such data; and (iii) a short-term goal for the prompt de- letion of the data of individual United States citizens after such data is used to verify traveler identities. (d) Publication of assessments The Secretary, the Administrator, and the Commissioner shall, if practicable, publish a public version of the assessment required by subsection (c)(2) on the Internet website of the TSA and of the U.S. Customs and Border Protec- tion. (Pub. L. 115–254, div. K, title I, § 1919, Oct. 5, 2018, 132 Stat. 3559.) Editorial Notes REFERENCES IN TEXT The Intelligence Reform and Terrorism Prevention Act of 2004, referred to in subsec. (b), is Pub. L. 108–458,