6 USC 348 - Joint task forces

View all text of Subchapter VII [§ 341 - § 353]

§ 348. Joint task forces

(a) DefinitionIn this section, the term “situational awareness” means knowledge and unified understanding of unlawful cross-border activity, including—

(1) threats and trends concerning illicit trafficking 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 actionable 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

(2) Purposes

(A) In generalSubject to subparagraph (B), the purposes referred to in paragraph (1) are or relate to the following:

(i) Securing the land and maritime borders of the United States.

(ii) Homeland security crises.

(iii) Establishing regionally-based operations.

(B) Limitation

(i) In generalThe Secretary may not establish a Joint Task Force for any major disaster or 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 responsibility for management of the response under subchapter V of this chapter, including 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, including coordination of operations; and(II) are consistent with the requirements of paragraphs (3) and (4)(A) of section 313(c) and section 319(c) of this title, and section 302 of the Robert T. Stafford Disaster Relief and Emergency Assistance Act (42 U.S.C. 5143).

(ii) Responsibilities and functions not reduced

(3) Joint task force directors

(A) DirectorEach Joint Task Force established and operated 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 appointments 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 Department with not less than one year of significant leadership experience at the Department; 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 agency since the establishment of the Department; and(II) a demonstrated ability in, knowledge of, and significant experience working on the issues to be addressed by any such Joint Task Force.

(B) Extension

(4) Joint Task Force deputy directors

(5) ResponsibilitiesThe Director of a Joint Task Force, subject to the oversight, direction, and guidance of the Secretary, shall—

(A) when established for the purpose referred to in paragraph (2)(A)(i), maintain situational awareness within the areas of responsibility of the Joint Task Force, as determined by the Secretary;

(B) provide operational plans and requirements 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 activities 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 personnel and equipment from components and offices of the Department allocated to the Joint Task Force to accomplish the objectives of the Joint Task Force;

(F) when established for the purpose referred 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 Secretary;

(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

(B) Cost neutrality

(D) Consideration of impact

(E) Limitation

(F) Report

(7) Component resource authorityAs directed by the Secretary—

(A) each Director of a Joint Task Force shall be provided sufficient resources from relevant components and offices of the Department 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 subparagraph (A) shall be under the operational authority, direction, and control of the Director 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 administrative 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

(B) ReportThe Secretary shall include in the report submitted under paragraph (6)(F)—

(i) the number of personnel of each component or office permanently assigned to each Joint Task Force; and

(ii) the number of personnel of each component or office assigned on a temporary basis to each Joint Task Force.

(9) Mission; establishment of performance metricsThe Secretary shall—

(A) using leading practices in performance management and lessons learned by other law enforcement task forces and joint operations, establish—

(i) the mission, strategic goals, and objectives of each Joint Task Force;

(ii) the criteria for terminating each Joint Task Force; and

(iii) outcome-based and other appropriate 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;

(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 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 the mission, strategic goals, objectives, and metrics established under subparagraph (A); and

(C) not later than one year after December 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).

(10) Joint duty training program

(A) In generalThe Secretary shall—

(i) establish a joint duty training program 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 program to improve joint operations as part of the Joint Task Forces.

(B) ElementsThe joint duty training program established 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 section 468 of this title, to which the joint duty training program is assigned.

(i) Directors and deputy directors

(ii) Joint Task Force staff

(iii) Exception

(iv) Waiver

(11) Notification of Joint Task Force formation or termination

(A) In generalNot later than seven days after establishing 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 Representatives, 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 contents 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 effectiveness of such Joint Task Force as measured 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 component or office permanently assigned to such Joint Task Force.

(vi) The number of personnel of each component and office assigned on a temporary 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 notification 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 termination.

(ix) The anticipated establishment or actual termination date of such Joint Task Force, as the case may be.

(B) Waiver authority

(12) Review

(A) In general

(B) ContentsThe review required under subparagraph (A) shall include—

(i) an assessment of methodology utilized 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 specificity regarding the Secretary’s utilization of outcome-based or other appropriate performance metrics (established pursuant to paragraph (9)(A)(iii)) to evaluate the effectiveness of each Joint Task Force in measuring progress with respect to the mission, strategic goals, and objectives (established pursuant to paragraph (9)(A)(i)) of such Joint Task Force.

(13) Sunset

(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.)