225 
(B) Restricted Data or data that was formerly Restricted Data, 
as defined in section 11(y) of the Atomic Energy Act of 1954 (42 
U.S.C. 2014(y)); 
(C) material classified at the Sensitive Compartmented Informa-
tion (SCI) level, as defined in section 309 of the Intelligence Au-
thorization Act for Fiscal Year 2001 (50 U.S.C. 3345); or 
(D) information relating to a special access program, as defined 
in section 6.1 of Executive Order 13526 (50 U.S.C. 3161 note) 
or any successor order. 
(3) CONTROLLED
UNCLASSIFIED
INFORMATION.—The term ‘‘con-
trolled unclassified information’’ means information described as ‘‘Con-
trolled Unclassified Information’’ under Executive Order 13556 (44 
U.S.C. 3501 note) or any successor order. 
(4) PROJECT.—The term ‘‘project’’ means a research or development 
project, program, or activity administered by the Department, whether 
ongoing, completed, or otherwise terminated. 
(b) 
REQUIREMENT
TO
LIST
RESEARCH
AND
DEVELOPMENT 
PROJECTS.— 
(1) IN GENERAL.—The Secretary shall maintain a detailed list of the 
following: 
(A) Each classified and unclassified research and development 
project, and all appropriate details for each project, including the 
component of the Department responsible for each project. 
(B) Each task order for a federally funded research and devel-
opment center not associated with a research and development 
project. 
(C) Each task order for a university-based center of excellence 
not associated with a research and development project. 
(D) The indicators developed and tracked by the Under Sec-
retary for Science and Technology with respect to transitioned 
projects pursuant to subsection (d). 
(2) EXCEPTION.—Paragraph (1) shall not apply to a project com-
pleted or otherwise terminated before December 23, 2016. 
(3) UPDATES.—The list required under paragraph (1) shall be up-
dated as frequently as possible, but not less frequently than once per 
quarter. 
(4) PROVIDE DEFINITION OF RESEARCH AND DEVELOPMENT.—For 
purposes of the list required under paragraph (1), the Secretary shall 
provide a definition for the term ‘‘research and development’’. 
(c) REPORT.—The Secretary each year shall submit to the Committee on 
Homeland Security of the House of Representatives and the Committee on 
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Homeland Security and Governmental Affairs of the Senate a classified and 
unclassified report, as applicable, that lists each ongoing classified and un-
classified project at the Department, including all appropriate details of 
each project. 
(d) INDICATORS OF SUCCESS FOR TRANSITIONED PROJECTS.— 
(1) IN GENERAL.—For each project that has been transitioned to 
practice from research and development, the Under Secretary for 
Science and Technology shall develop and track indicators to dem-
onstrate the uptake of the technology or project among customers or 
end-users. 
(2) PERIOD OF TRACKING.—To the fullest extent possible, the track-
ing of a project required under paragraph (1) shall continue for the 
3-year period beginning on the date the project was transitioned to 
practice from research and development. 
(e) LIMITATION.—Nothing in this section overrides or otherwise affects 
the requirements specified in section 10312 of this title. 
§ 10719. EMP and GMD mitigation research and develop-
ment 
(a) IN GENERAL.—In furtherance of domestic preparedness and response, 
the Secretary, acting through the Under Secretary for Science and Tech-
nology, and in consultation with other relevant executive agencies, relevant 
State, local, and tribal governments, and relevant owners and operators of 
critical infrastructure, shall, to the extent practicable, conduct research and 
development to mitigate the consequences of threats of EMP and GMD. 
(b) SCOPE.—The scope of the research and development under subsection 
(a) shall include the following: 
(1) An objective scientific analysis evaluating the risks to critical in-
frastructure from a range of threats of EMP and GMD that shall— 
(A) be conducted in conjunction with the Office of Intelligence 
and Analysis; and 
(B) include a review and comparison of the range of threats and 
hazards facing critical infrastructure of the electrical grid. 
(2) Determination of the critical utilities and national security assets 
and infrastructure that are at risk from EMP and GMD. 
(3) An evaluation of emergency planning and response technologies 
that would address the findings and recommendations of experts, in-
cluding those of the Commission to Assess the Threat to the United 
States from Electromagnetic Pulse Attack, which shall include a review 
of the feasibility of rapidly isolating 1 or more portions of the electrical 
grid from the main electrical grid. 
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(4) An analysis of technology options that are available to improve 
the resiliency of critical infrastructure to threats of EMP and GMD, 
including an analysis of neutral current blocking devices that may pro-
tect high-voltage transmission lines. 
(5) The restoration and recovery capabilities of critical infrastructure 
under different levels of damage and disruption from various threats 
of EMP and GMD, as informed by the scientific analysis conducted 
under paragraph (1). 
(6) An analysis of the feasibility of a real-time alert system to inform 
electoral grid operators and other stakeholders within milliseconds of 
a high-altitude nuclear explosion. 
(c) EXEMPTION FROM DISCLOSURE.— 
(1) INFORMATION SHARED WITH FEDERAL GOVERNMENT.—Section 
10533 of this title, and any regulations issued pursuant to section 
10533 of this title, apply to any information shared with the Federal 
Government under this section. 
(2) INFORMATION SHARED BY FEDERAL GOVERNMENT.—Informa-
tion shared by the Federal Government with a State, local, or tribal 
government under this section is exempt from disclosure under any 
provision of State, local, or tribal freedom of information law, open gov-
ernment law, open meetings law, open records law, sunshine law, or 
similar law requiring the disclosure of information or records. 
Chapter 109—Border, Maritime, and 
Transportation Security 
Subchapter I—Border, Maritime, and Transportation Security Responsibil-
ities and Functions 
Sec. 
10901.
Secretary. 
10902.
Commissioner of U.S. Customs and Border Protection. 
10903.
Limitation on reorganization of functions and units. 
10904.
Employee discipline. 
Subchapter II—Customs and Border Protection 
10911.
Definition of customs revenue function. 
10912.
Retention of customs revenue functions by Secretary of the Treasury. 
10913.
Preservation of customs funds. 
10914.
Separate budget request for U.S. Customs and Border Protection. 
10915.
Allocation of resources by the Secretary. 
10916.
Methamphetamine and methamphetamine precursor chemicals. 
10917.
Polygraph and background examinations for law enforcement personnel of U.S. Cus-
toms and Border Protection 
10918.
Fees authorized for Advanced Training Center. 
10919.
Border security metrics. 
10920.
Trusted traveler program. 
10921.
Hiring members of the armed forces separating from military service. 
Subchapter III—Immigration Enforcement Functions 
10931.
Transfer of functions. 
10932.
Responsibilities of U.S. Immigration and Customs Enforcement officials. 
10933.
Professional responsibility and quality review. 
10934.
Annual report on cross-border tunnels. 
Subchapter IV—Citizenship and Immigration Services 
10941.
Transfer of functions to Director of U.S. Citizenship and Immigration Services. 
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10942.
Responsibilities of U.S. Citizenship and Immigration Services officials. 
10943.
Citizenship and Immigration Services Ombudsman. 
10944.
Professional responsibility and quality review. 
10945.
Employee discipline. 
10946.
Transition. 
10947.
Application of Internet-based technologies. 
Subchapter V—General Immigration Provisions 
10961.
Director of Shared Services. 
10962.
Separation of funding. 
10963.
Annual immigration functions report. 
Subchapter VI—U.S. Customs and Border Protection Public-Private Part-
nerships 
10971.
Definitions. 
10972.
Fee agreements for certain services at ports of entry. 
10973.
Ports of entry donation authority. 
10974.
Current and proposed agreements. 
Subchapter VII—Miscellaneous Provisions 
10981.
Coordination of information and information technology. 
10982.
Visa issuance. 
10983.
Information on visa denials required to be entered into electronic data system. 
10984.
Purpose and responsibilities of Office of Cargo Security Policy. 
10985.
Purpose, composition, and operation of Border Enforcement Security Task Force. 
10986.
Cyber Crimes Center. 
Subchapter 
I—Border, 
Maritime, 
and 
Transportation Security Responsibilities 
and Functions 
§ 10901. Secretary 
(a) IN GENERAL.—The Secretary is responsible for the following: 
(1) Preventing the entry of terrorists and the instruments of ter-
rorism into the United States. 
(2) Securing the borders, territorial waters, ports, terminals, water-
ways, and air, land, and sea transportation systems of the United 
States, including managing and coordinating those functions trans-
ferred to the Department at ports of entry. 
(3) Carrying out the immigration enforcement functions vested by 
statute in, or performed by, the Commissioner of Immigration and Nat-
uralization (or an officer, employee, or component of the Immigration 
and Naturalization Service) immediately before the date on which the 
transfer of functions specified under section 10931 of this title takes 
effect. 
(4) Establishing and administering rules, under section 10982 of this 
title, governing the granting of visas or other forms of permission, in-
cluding parole, to enter the United States to individuals who are not 
citizens or aliens lawfully admitted for permanent residence in the 
United States. 
(5) Establishing national immigration enforcement policies and prior-
ities. 
(6) Except as provided in sections 10981 through 10985 of this title, 
administering the customs laws of the United States. 
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