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  1. Domestic MOUs

MOU 225-14-026

 Correction of MOU Number from MOU 225-16-026 to MOU 225-14-026

 
MEMORANDUM OF UNDERSTANDING
BETWEEN THE DEPARTMENT OF HOMELAND SECURITY
U.S. CUSTOMS AND BORDER PROTECTION
AND THE U.S. DEPARTMENT OF HEALTH AND HUMAN SERVICES
FOOD AND DRUG ADMINISTRATION
REGARDING THE CONSOLIDATION OF PERSONNEL INTO ONE TARGETING CENTER
 
1.      PURPOSE
 
The purpose of this Agreement is to set forth terms by which the U.S. Customs and Border Protection (CBP) will coordinate with FDA its staffing, space and equipment requirements for the new, consolidated National Targeting Center facility.
 
2.      AUTHORITY
 
This Agreement is authorized under the provisions of the Homeland Security Act (2002).
 
3.      BACKGROUND
 
The parties to this Agreement are the Department of Homeland Security (DHS) U.S. Customs and Border Protection (CBP), Office of Field Operations (OFO), National Targeting Center (NTC) and U.S. Department of Health and Human Services Food and Drug Administration (FDA).
 
Initially established in 2001 as the Office of Border Security, and subsequently the National Targeting Center (NTC), the NTC has acted as the single point of reference for the U.S. Customs and Border Protection’s anti-terrorism efforts. Originally housed in the Ronald Reagan Building in Washington, DC with a limited staff, the scope of operations expanded and it became necessary to segment the NTC into distinct passenger and cargo centers, which are currently located in Reston and Herndon, Virginia. With the expanding scope of work, the coordination with CBP field personnel, other government agencies, and foreign liaisons has become increasingly important and has resulted in increased personnel. Consequently, both facilities have become obsolete and have outgrown NTC’s operational requirements.
 
Co-location of the two targeting centers is a priority in CBP. It will provide a properly sized space t support current and expanded scope of operations and it will increase mission effectiveness, organizational efficiency, and eliminate redundancies in costs to manage two buildings. The NTC will co-locate the two facilities into one building within the Dulles Corridor b 2016.
 
4.      SUBSTANCE OF THE AGREEMENT
 
U.S. CUSTOMS AND BORDER PROTECTION
 
a.      Obtain funds through Congressional action to consolidate and equip a consolidated building.
b.      Establish an integrated Project Team within Customs and Border Protection that will provide a multi-disciplinary team of project management professionals, subject matter experts (SME) and technical support personnel to ensure a seamless integration of requirements, functions, and outcomes across the project disciplines.
c.      Designate a single point of communication responsible for decisional authority and coordinating all NTC day-to-day consolidation planning activities.
d.      Confer with FDA regarding number of personnel to be housed at the new facility.
e.      Confer with FDA to ensure that adequate office and/or work floor space is provided for their personnel.
f.       Confer with FDA any special equipment requirements that may be need in the new facility.
g.      Confer with FDA regarding local union concerns, as applicable.
h.      Be the single point of communication with internal and external parties concerning facility requirements and project changes.
i.       Provide annual, or on an as needed basis, reporting concerning the project status.
 
U.S. HEALTH AND HUMAN SERVICES, FOOD AND DRUG ADMINISTRATION (FDA):
 
a.      Designate a single point of communication responsible for decisional authority and coordinating all FDA day-to-day consolidation planning activities.
b.      House thirty-nine (39) ORA, Division of Food Defense Targeting (DFDT) personnel in the new consolidated facility.
c.      Provide information regarding specific office and equipment requirements for their personnel.
d.      Conform to the Department of Homeland Security (DHS) Workspace Standards that may be provided to FDA upon request.
e.      Report only to the CBP single point of communication any changes needed to the project.
 
5.      POINTS OF CONTACT
 
To facilitate the activities carried out under this OU, each agency will establish a single agency liaison. The initial liaisons will be:
 
U.S. Customs and Border Protection:
Myra Perscky, Program Manager
12825 Worldgate Drive
Herndon, Virginia
myra.perscky(cbp.dhs.gov
571-468-1649
 
U.S. Food and Drug Administration
Anthony C. Taube
12825 Worldgate Drive
Herndon, VA 20855
571-468-1489
 
Each agency may designate a new liaison at any time by notifying the other in writing. If at any time, an individual designated as a liaison under this agreement become unavailable to fulfill those functions, the agency will name a new liaison and notify the other agency through the designated liaison.
 
6.      GENERAL PROVISIONS
 
This Agreement is not intended to, and does not create any right, benefit, or trust responsibility, substantive or procedural, enforceable by law or equity, by either party against the other, or by a party against the United States, its agencies, its officers, or any other person.
 
7.      CONFIDENTIALITY
 
One party to this Agreement receiving information from the other pursuant to this Agreement may not disclose, or shall take all reasonable measures to prevent disclosure of, that information outside the receiving Department, without permission of the sending party.
 
8.      OTHER PROVISIONS
 
Nothing in this Agreement is intended to conflict with current law or regulation or the directives of the DHS, CBP, or FDA. If a term of this agreement is inconsistent with such authority, then that term shall be invalid, but the remaining terms and conditions of this agreement shall remain in full force and effect. This Agreement does not obligate funds.
 
9.      EFFECTIVE DATE
 
The terms of this Agreement will become effective upon the date of the last signature and will be reviewed annually.
 
10.   MODIFICATION
 
This agreement may be modified upon the mutual written consent of the parties.
 
11.   TERMINATION
 
The terms of this agreement, as modified with the consent of both parties, will remain in effect until upon of parties. This agreement may be extended by mutual written agreement of the parties. Unilateral termination of this agreement requires 30 days written notice of termination by terminating party and termination shall be effective upon receipt of the terminating party’s notice by the other party.
 
APPROVED AND ACCEPTED FOR
CUSTOMS AND BORDER PROTECTION
 
Troy A. Miller
Executive Director
Customs and Border Protection
Office of Field Operations
 
May 16, 2012
 
APPROVED AND ACCEPTED FOR
FOOD AND DRUG ADMINISTRATION
 
Melinda K. Plaisier
Acting Associate Commissioner for Regulatory Affairs
Food and Drug Administration
Office of Regulatory Affairs
 
May 28, 2013