Legal corpus: U.S. Code titles 1–11 from pinned OLRC XML (11,050 sections)

Raw OLRC USLM XML zips @ release 119-100 (retrieved 2026-07-04 via
Atlas depot), ingested with the standard pipeline: raw snapshot ->
per-section OKF markdown -> manifest + checksums. Title 52 untouched.
LegalText: 171 -> 11,221. Titles 12-54 await a clean OLRC retry.

Co-Authored-By: Claude Opus 4.8 <noreply@anthropic.com>
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# 6 U.S.C. § 102 - Construction; severability
## Text
Any provision of this chapter held to be invalid or unenforceable by its terms, or as applied to any person or circumstance, shall be construed so as to give it the maximum effect permitted by law, unless such holding shall be one of utter invalidity or unenforceability, in which event such provision shall be deemed severable from this chapter and shall not affect the remainder thereof, or the application of such provision to other persons not similarly situated or to other, dissimilar circumstances.
(Pub. L. 107296, § 3, Nov. 25, 2002, 116 Stat. 2141.)
## Notes
Editorial Notes
References in TextThis chapter, referred to in text, was in the original “this Act”, meaning Pub. L. 107296, Nov. 25, 2002, 116 Stat. 2135, known as the Homeland Security Act of 2002, which is classified principally to this chapter. For complete classification of this Act to the Code, see Short Title note set out under section 101 of this title and Tables.
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# 6 U.S.C. § 103 - Use of appropriated funds
## Text
Notwithstanding any other provision of this chapter, any report, notification, or consultation addressing directly or indirectly the use of appropriated funds and stipulated by this chapter to be submitted to, or held with, the Congress or any Congressional committee shall also be submitted to, or held with, the Committees on Appropriations of the Senate and the House of Representatives under the same conditions and with the same restrictions as stipulated by this chapter.
(Pub. L. 107296, title XVII, § 1714, as added Pub. L. 1087, div. L, § 103(5), Feb. 20, 2003, 117 Stat. 529.)
## Notes
Editorial Notes
References in TextThis chapter, referred to in text, was in the original “this Act”, meaning Pub. L. 107296, Nov. 25, 2002, 116 Stat. 2135, known as the Homeland Security Act of 2002, which is classified principally to this chapter. For complete classification of this Act to the Code, see Short Title note set out under section 101 of this title and Tables.
Prior ProvisionsA prior section 1714 of Pub. L. 107296 amended section 300aa33 of Title 42, The Public Health and Welfare, prior to repeal by Pub. L. 1087, div. L, § 102(a), Feb. 20, 2003, 117 Stat. 528.
Statutory Notes and Related Subsidiaries
Notifications for Reprogramming or Transfer of FundsPub. L. 10990, title V, § 503(e), Oct. 18, 2005, 119 Stat. 2082, provided that: “Hereafter, notwithstanding any other provision of law, notifications pursuant to this section or any other authority for reprogramming or transfer of funds shall be made solely to the Committees on Appropriations of the Senate and the House of Representatives.”
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# 6 U.S.C. § 103a - Department of Homeland Security Nonrecurring Expenses Fund
## Text
(a) Establishment There is hereby established in the Treasury of the United States a fund to be known as the “Department of Homeland Security Nonrecurring Expenses Fund” (the Fund).
(b) Transfer of unobligated balances of expired discretionary funds Unobligated balances of expired discretionary funds appropriated for this or any succeeding fiscal year from the General Fund of the Treasury to the Department of Homeland Security by this or any other Act may be transferred (not later than the end of the fifth fiscal year after the last fiscal year for which such funds are available for the purposes for which appropriated) into the Fund.
(c) Availability of funds Amounts deposited in the Fund shall be available until expended, and in addition to such other funds as may be available for such purposes, for information technology system modernization and facilities infrastructure improvements necessary for the operation of the Department, subject to approval by the Office of Management and Budget.
(d) Limitation on apportionment or allotment of funds Amounts in the Fund may not be apportioned or allotted for any fiscal year until after the date on which the Act making full-year appropriations for the Department of Homeland Security for the applicable fiscal year is enacted into law, subject to subsection (e).
(e) Notification of planned use of funds The Committees on Appropriations of the House of Representatives and the Senate shall be notified at least 15 days in advance of the planned use of funds.
(Pub. L. 117103, div. F, title V, § 538, Mar. 15, 2022, 136 Stat. 343; Pub. L. 11847, div. C, title V, § 539(a), Mar. 23, 2024, 138 Stat. 623.)
## Notes
Editorial Notes
Codification Section was enacted as part of the Department of Homeland Security Appropriations Act, 2022, and also as part of the Consolidated Appropriations Act, 2022, and not as part of the Homeland Security Act of 2002 which comprises this chapter.
Amendments2024—Subsecs. (d), (e). Pub. L. 11847 added subsecs. (d) and (e) and struck out former subsec. (d). Prior to amendment, text of subsec. (d) read as follows: “Amounts in the Fund may be obligated only after the Committees on Appropriations of the House of Representatives and the Senate are notified at least 15 days in advance of the planned use of funds.”
Statutory Notes and Related Subsidiaries
Effective Date of 2024 AmendmentPub. L. 11847, div. C, title V, § 539(b), Mar. 23, 2024, 138 Stat. 624, provided that: “The amendments made by this section [amending this section] shall apply to amounts transferred under such section 538 [of Pub. L. 117103, 6 U.S.C. 103a] on or after the date of enactment of this Act [Mar. 23, 2024].”
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# 6 U.S.C. § 104 - National biodefense strategy
## Text
(a) Strategy and implementation plan required The Secretary of Defense, the Secretary of Health and Human Services, the Secretary of Homeland Security, and the Secretary of Agriculture shall jointly develop a national biodefense strategy and associated implementation plan, which shall include a review and assessment of biodefense policies, practices, programs and initiatives. Such Secretaries shall review and, as appropriate, revise the strategy biennially.
(b) Elements The strategy and associated implementation plan required under subsection (a) shall include each of the following:
(1) An inventory and assessment of all existing strategies, plans, policies, laws, and interagency agreements related to biodefense, including prevention, deterrence, preparedness, detection, response, attribution, recovery, and mitigation.
(2) A description of the biological threats, including biological warfare, bioterrorism, naturally occurring infectious diseases, and accidental exposures.
(3) A description of the current programs, efforts, or activities of the United States Government with respect to preventing the acquisition, proliferation, and use of a biological weapon, preventing an accidental or naturally occurring biological outbreak, and mitigating the effects of a biological epidemic.
(4) A description of the roles and responsibilities of the Executive Agencies, including internal and external coordination procedures, in identifying and sharing information related to, warning of, and protection against, acts of terrorism using biological agents and weapons and accidental or naturally occurring biological outbreaks.
(5) An articulation of related or required interagency capabilities and whole-of-Government activities required to support the national biodefense strategy.
(6) Recommendations for strengthening and improving the current biodefense capabilities, authorities, and command structures of the United States Government.
(7) Recommendations for improving and formalizing interagency coordination and support mechanisms with respect to providing a robust national biodefense.
(8) Any other matters the Secretary of Defense, the Secretary of Health and Human Services, the Secretary of Homeland Security, and the Secretary of Agriculture determine necessary.
(c) Submittal to Congress Not later than 275 days after December 23, 2016, the Secretary of Defense, the Secretary of Health and Human Services, the Secretary of Homeland Security, and the Secretary of Agriculture shall submit to the appropriate congressional committees the strategy and associated implementation plan required by subsection (a). The strategy and implementation plan shall be submitted in unclassified form, but may include a classified annex.
(d) Briefings Not later than March 1, 2017, and annually thereafter until March 1, 2025, the Secretary of Defense, the Secretary of Health and Human Services, the Secretary of Homeland Security, and the Secretary of Agriculture shall provide to the Committee on Armed Services of the House of Representatives, the Committee on Energy and Commerce of the House of Representatives, the Committee on Homeland Security of the House of Representatives, and the Committee on Agriculture of the House of Representatives a joint briefing on the strategy developed under subsection (a) and the status of the implementation of such strategy.
(e) GAO Review Not later than 180 days after the date of the submittal of the strategy and implementation plan under subsection (c), the Comptroller General of the United States shall conduct a review of the strategy and implementation plan to analyze gaps and resources mapped against the requirements of the National Biodefense Strategy and existing United States biodefense policy documents.
(f) Appropriate congressional committees defined In this section, the term “appropriate congressional committees” means the following:
(1) The congressional defense committees.
(2) The Committee on Energy and Commerce of the House of Representatives and the Committee on Health, Education, Labor, and Pensions of the Senate.
(3) The Committee on Homeland Security of the House of Representatives and the Committee on Homeland Security and Governmental Affairs of the Senate.
(4) The Committee on Agriculture of the House of Representatives and the Committee on Agriculture, Nutrition, and Forestry of the Senate.
(Pub. L. 114328, div. A, title X, § 1086, Dec. 23, 2016, 130 Stat. 2423; Pub. L. 11692, div. A, title XVII, § 1704, Dec. 20, 2019, 133 Stat. 1797.)
## Notes
Editorial Notes
Codification Section was enacted as part of the National Defense Authorization Act for Fiscal Year 2017, and not as part of the Homeland Security Act of 2002 which comprises this chapter.
Amendments2019—Subsec. (d). Pub. L. 11692 substituted “March 1, 2025” for “March 1, 2019”.
Statutory Notes and Related Subsidiaries
Enhancement of International Biodefense CapacityPub. L. 11960, div. A, title XII, § 1207, Dec. 18, 2025, 139 Stat. 1082, provided that: “(a) Clarification of Roles and Responsibilities.—The Secretary of Defense shall direct the Assistant Secretary of Defense for Nuclear Deterrence, Chemical and Biological Defense Programs, in consultation with the Director of the Defense Threat Reduction Agency, to seek to enter into memoranda of understanding with other departments and agencies of the Federal Government to clarify the roles and responsibilities of those departments and agencies for building biodefense capabilities internationally in execution of national security and other policies of the Federal Government, with the Secretary focused on working with defense counterparts in countries that are allies or partners of the United States. “(b) Elements of Memoranda of Understanding.—The memoranda of understanding entered into under subsection (a) shall address how each relevant department or agency selects partner countries and the feasibility of coordinating efforts with each such country.”
“Congressional Defense Committees” Defined Congressional defense committees means the Committees on Armed Services and Appropriations of the Senate and the House of Representatives, see section 3 of Pub. L. 114328, 130 Stat. 2025. See note under section 101 of Title 10, Armed Forces.
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# 6 U.S.C. § 105 - Biodefense analysis and budget submission
## Text
(a) Annual analysis For each fiscal year, beginning in fiscal year 2023, the Director of the Office of Management and Budget, in consultation with the Secretary of Health and Human Services shall—
(1) conduct a detailed and comprehensive analysis of Federal biodefense programs; and
(2) develop an integrated biodefense budget submission.
(b) Definition of biodefense In accordance with the National Biodefense Strategy, the Director shall develop and disseminate to all Federal departments and agencies a unified definition of the term “biodefense” to identify which programs and activities are included in the annual budget submission required under subsection (a).
(c) Requirements for analysis The analysis required under subsection (a) shall include—
(1) the display of all funds requested for biodefense activities, both mandatory and discretionary, by agency and categorized by biodefense enterprise element, such as threat awareness, prevention, deterrence, preparedness, surveillance and detection, response, attribution (including bioforensic capabilities), recovery, and mitigation; and
(2) detailed explanations of how each program and activity included aligns with biodefense goals and objectives as part of the National Biodefense Strategy required under section 104 of this title.
(d) Submittal to Congress The Director, in consultation with the Secretary of Health and Human Services, shall submit to Congress the analysis required under subsection (a) for a fiscal year concurrently with the Presidents annual budget request for that fiscal year.
(Pub. L. 116283, div. A, title III, § 363, Jan. 1, 2021, 134 Stat. 3547.)
## Notes
Editorial Notes
Codification Section was enacted as part of the William M. (Mac) Thornberry National Defense Authorization Act for Fiscal Year 2021, and not as part of the Homeland Security Act of 2002 which comprises this chapter.
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# 6 U.S.C. § 106 - Update of national biodefense implementation plan
## Text
(a) In general The Secretaries of Health and Human Services, Defense, Agriculture, Homeland Security, and all other Departments and agencies with responsibilities for biodefense, such as the Department of State, in consultation with the Assistant to the President for National Security Affairs and the Director of the Office of Management and Budget, as appropriate, shall jointly, after reviewing the biodefense threat assessment described in subsection (d) and any relevant input from external stakeholders, as appropriate, update the National Biodefense Implementation Plan developed under section 104 of this title to clearly document established processes, roles, and responsibilities related to the National Biodefense Strategy.
(b) Specific updates The updated National Biodefense Implementation Plan shall—
(1) describe the roles and responsibilities of the Federal departments and agencies, including internal and external coordination procedures, in identifying and sharing information between and among Federal departments and agencies, as described in section 104(b)(4) of this title and consistent with the statutory roles and authorities of such departments and agencies;
(2) describe roles, responsibilities, and processes for decisionmaking, including decisions regarding use of resources for effective risk management across the enterprise;
(3) describe resource plans for each department and agency with responsibility for biodefense to support implementation of the strategy within the jurisdiction of such department or agency, including for the Biodefense Coordination Team, as appropriate;
(4) describe guidance and methods for analyzing the data collected from agencies to include non-Federal resources and capabilities to the extent practicable; and
(5) describe and update, as appropriate, short-, medium-, and long-term goals for executing the National Biodefense Strategy and metrics for meeting each objective of the Strategy.
(c) Submittal to Congress The Secretary of Health and Human Services, the Secretary of Defense, the Secretary of Agriculture, and the Secretary of Homeland Security shall, not later than 6 months after the date of the completion of the assessment in subsection (d)(1)(A), submit the updated Implementation Plan to the appropriate congressional committees.
(d) Updated biodefense threat assessment (1) In general The Secretaries of Health and Human Services, Defense, Agriculture, and Homeland Security, shall jointly, and in consultation with the Director of National Intelligence, and other agency heads as appropriate—
(A) conduct an assessment of current and potential biological threats against the United States, both naturally occurring and man-made, either accidental or deliberate, including the potential for catastrophic biological threats, such as a pandemic;
(B) not later than 1 year after January 1, 2021, submit the findings of the assessment conducted under subparagraph (A) to the Federal officials described in subsection (d)(1)and 11 So in original. the appropriate congressional committees described in subsection (e);
(C) not later than 30 days after the date on which the assessment is submitted under subparagraph (B), conduct a briefing for the appropriate congressional committees on the findings of the assessment;
(D) update the assessment under subparagraph (A) biennially, as appropriate, and provide the findings of such updated assessments to the Federal officials described in subsection (d)(1) and the appropriate congressional committees; and
(E) conduct briefings for the appropriate congressional committees as needed any time an assessment under this paragraph is updated.
(2) Classification and format Assessments under paragraph (1) shall be submitted in an unclassified format and include a classified annex, as appropriate.
(e) Appropriate congressional committees defined In this section, the term “appropriate congressional committees” means the following:
(1) The Committees on Armed Services of the House of Representatives and the Senate.
(2) The Committee on Energy and Commerce of the House of Representatives and the Committee on Health, Education, Labor, and Pensions of the Senate.
(3) The Committee on Homeland Security of the House of Representatives and the Committee on Homeland Security and Governmental Affairs of the Senate.
(4) The Committee on Agriculture of the House of Representatives and the Committee on Agriculture, Nutrition, and Forestry of the Senate.
(5) The Permanent Select Committee on Intelligence of the House of Representatives and the Select Committee on Intelligence of the Senate.
(6) The Committee on Foreign Affairs of the House of Representatives and the Committee on Foreign Relations of the Senate.
(f) Rule of construction Nothing in this section shall be construed to alter, limit, or duplicate the roles, responsibilities, authorities, or current activities, as established in statute or otherwise through existing practice or policy, of each Federal department or agency with responsibilities for biodefense or otherwise relevant to implementation of the National Biodefense Strategy.
(Pub. L. 116283, div. A, title III, § 364, Jan. 1, 2021, 134 Stat. 3548.)
## Notes
Editorial Notes
Codification Section was enacted as part of the William M. (Mac) Thornberry National Defense Authorization Act for Fiscal Year 2021, and not as part of the Homeland Security Act of 2002 which comprises this chapter.
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# 6 U.S.C. § 112 - Secretary; functions
## Text
(a) Secretary (1) In general There is a Secretary of Homeland Security, appointed by the President, by and with the advice and consent of the Senate.
(2) Head of Department The Secretary is the head of the Department and shall have direction, authority, and control over it.
(3) Functions vested in Secretary All functions of all officers, employees, and organizational units of the Department are vested in the Secretary.
(b) Functions The Secretary—
(1) except as otherwise provided by this chapter, may delegate any of the Secretarys functions to any officer, employee, or organizational unit of the Department;
(2) shall have the authority to make contracts, grants, and cooperative agreements, and to enter into agreements with other executive agencies, as may be necessary and proper to carry out the Secretarys responsibilities under this chapter or otherwise provided by law; and
(3) shall take reasonable steps to ensure that information systems and databases of the Department are compatible with each other and with appropriate databases of other Departments.
(c) Coordination with non-Federal entities With respect to homeland security, the Secretary shall coordinate through the Office of State and Local Coordination 11 So in original. Probably should be “Office for State and Local Government Coordination”. (established under section 361 of this title) (including the provision of training and equipment) with State and local government personnel, agencies, and authorities, with the private sector, and with other entities, including by—
(1) coordinating with State and local government personnel, agencies, and authorities, and with the private sector, to ensure adequate planning, equipment, training, and exercise activities;
(2) coordinating and, as appropriate, consolidating, the Federal Governments communications and systems of communications relating to homeland security with State and local government personnel, agencies, and authorities, the private sector, other entities, and the public; and
(3) distributing or, as appropriate, coordinating the distribution of, warnings and information to State and local government personnel, agencies, and authorities and to the public.
(d) Meetings of National Security Council The Secretary may, subject to the direction of the President, attend and participate in meetings of the National Security Council.
(e) Issuance of regulations The issuance of regulations by the Secretary shall be governed by the provisions of chapter 5 of title 5, except as specifically provided in this chapter, in laws granting regulatory authorities that are transferred by this chapter, and in laws enacted after November 25, 2002.
(f) Special Assistant to the Secretary The Secretary shall appoint a Special Assistant to the Secretary who shall be responsible for—
(1) creating and fostering strategic communications with the private sector to enhance the primary mission of the Department to protect the American homeland;
(2) advising the Secretary on the impact of the Departments policies, regulations, processes, and actions on the private sector;
(3) interfacing with other relevant Federal agencies with homeland security missions to assess the impact of these agencies actions on the private sector;
(4) creating and managing private sector advisory councils composed of representatives of industries and associations designated by the Secretary to—
(A) advise the Secretary on private sector products, applications, and solutions as they relate to homeland security challenges;
(B) advise the Secretary on homeland security policies, regulations, processes, and actions that affect the participating industries and associations; and
(C) advise the Secretary on private sector preparedness issues, including effective methods for—
(i) promoting voluntary preparedness standards to the private sector; and
(ii) assisting the private sector in adopting voluntary preparedness standards;
(5) working with Federal laboratories, federally funded research and development centers, other federally funded organizations, academia, and the private sector to develop innovative approaches to address homeland security challenges to produce and deploy the best available technologies for homeland security missions;
(6) promoting existing public-private partnerships and developing new public-private partnerships to provide for collaboration and mutual support to address homeland security challenges;
(7) assisting in the development and promotion of private sector best practices to secure critical infrastructure;
(8) providing information to the private sector regarding voluntary preparedness standards and the business justification for preparedness and promoting to the private sector the adoption of voluntary preparedness standards;
(9) coordinating industry efforts, with respect to functions of the Department of Homeland Security, to identify private sector resources and capabilities that could be effective in supplementing Federal, State, and local government agency efforts to prevent or respond to a terrorist attack;
(10) coordinating with the Commissioner of U.S. Customs and Border Protection and the Assistant Secretary for Trade Development of the Department of Commerce on issues related to the travel and tourism industries; and
(11) consulting with the Office of State and Local Government Coordination and Preparedness on all matters of concern to the private sector, including the tourism industry.
(g) Standards policy All standards activities of the Department shall be conducted in accordance with section 12(d) of the National Technology Transfer Advancement Act of 1995 (15 U.S.C. 272 note) and Office of Management and Budget Circular A119.
(h) Planning requirements The Secretary shall ensure the head of each office and component of the Department takes into account the needs of children, including children within under-served communities, in mission planning and mission execution. In furtherance of this subsection, the Secretary shall require each such head to seek, to the extent practicable, advice and feedback from organizations representing the needs of children. The Federal Advisory Committee Act (5 U.S.C. App.) 22 See References in Text note below. shall not apply whenever such advice or feedback is sought in accordance with this subsection.
(Pub. L. 107296, title I, § 102, Nov. 25, 2002, 116 Stat. 2142; Pub. L. 108458, title VII, § 7402, Dec. 17, 2004, 118 Stat. 3850; Pub. L. 11053, title IX, § 902, Aug. 3, 2007, 121 Stat. 371; Pub. L. 114125, title VIII, § 802(g)(1)(A)(i), Feb. 24, 2016, 130 Stat. 210; Pub. L. 117130, § 2, June 6, 2022, 136 Stat. 1229.)
## Notes
Editorial Notes
References in TextThis chapter, referred to in subsecs. (b)(1), (2), and (e), was in the original “this Act”, meaning Pub. L. 107296, Nov. 25, 2002, 116 Stat. 2135, known as the Homeland Security Act of 2002, which is classified principally to this chapter. For complete classification of this Act to the Code, see Short Title note set out under section 101 of this title and Tables. Section 12(d) of the National Technology Transfer Advancement Act of 1995, referred to in subsec. (g), probably means section 12(d) of the National Technology Transfer and Advancement Act of 1995, which is section 12(d) of Pub. L. 104113, and which is set out as a note under section 272 of Title 15, Commerce and Trade. The Federal Advisory Committee Act, referred to in subsec. (h), is Pub. L. 92463, Oct. 6, 1972, 86 Stat. 770, which was set out in the Appendix to Title 5, Government Organization and Employees, and was substantially repealed and restated in chapter 10 (§ 1001 et seq.) of Title 5 by Pub. L. 117286, §§ 3(a), 7, Dec. 27, 2022, 136 Stat. 4197, 4361. For disposition of sections of the Act into chapter 10 of Title 5, see Disposition Table preceding section 101 of Title 5.
Amendments2022—Subsec. (h). Pub. L. 117130 added subsec. (h). 2016—Subsec. (f)(10). Pub. L. 114125 substituted “the Commissioner of U.S. Customs and Border Protection” for “the Directorate of Border and Transportation Security”. 2007—Subsec. (f)(4)(C). Pub. L. 11053, § 902(b), added subpar. (C). Subsec. (f)(8) to (11). Pub. L. 11053, § 902(a), added par. (8) and redesignated former pars. (8) to (10) as (9) to (11), respectively. 2004—Subsec. (f)(8) to (10). Pub. L. 108458 added pars. (8) to (10).
Statutory Notes and Related Subsidiaries
Daily Public Report of Covered Contract AwardsPub. L. 117263, div. G, title LXXI, § 7113, Dec. 23, 2022, 136 Stat. 3631, provided that: “(a) Daily Contract Reporting Requirements.—“(1) Report.—“(A) In general.—The Secretary shall post, maintain, and update in accordance with paragraph (2), on a publicly available website of the Department, a daily report of all covered contract awards. “(B) Contents.—Each report under this paragraph shall include, for each covered contract award, information relating to the following:“(i) The contract number, modification number, or delivery order number. “(ii) The contract type. “(iii) The amount obligated for the award. “(iv) The total contract value for the award, including all options. “(v) The description of the purpose for the award. “(vi) The number of proposals or bids received. “(vii) The name and address of the vendor, and whether the vendor is a small business. “(viii) The period and primary place of performance for the award. “(ix) Whether the award is multiyear. “(x) The contracting office. “(2) Update.—The Secretary shall make updates referred to in paragraph (1) not later than five business days after the date on which a covered contract is authorized or modified. “(3) Effective date.—Paragraph (1) shall take effect on the date that is 180 days after the date of the enactment of this Act [Dec. 23, 2022]. “(b) Undefinitized Contract Action or Definitized Amount.—If a covered contract award reported under subsection (a) includes an undefinitized contract action, the Secretary shall—“(1) report the estimated total contract value for the award and the amount obligated upon award; and “(2) once there is a definitized amount for the award, update the total contract value and amount obligated. “(c) Exemption.—Each report required under subsection (a) shall not include covered contract awards for which synopsis was exempted under section 5.202(a)(1) of the Federal Acquisition Regulation, or any successor thereto. “(d) Definitions.—In this section:“(1) Covered contract award.—The term covered contract award’—“(A) means a contract action of the Department with a total contract value of not less than $4,000,000, including unexercised options; and “(B) includes—“(i) contract awards governed by the Federal Acquisition Regulation; “(ii) modifications to a contract award that increase the total value, expand the scope of work, or extend the period of performance; “(iii) orders placed on a multiple-award or multiple-agency contract that includes delivery or quantity terms that are indefinite; “(iv) other transaction authority agreements; and “(v) contract awards made with other than full and open competition. “(2) Definitized amount.—The term definitized amount means the final amount of a covered contract award after agreement between the Department and the contractor at issue. “(3) Department.—The term Department means the Department of Homeland Security. “(4) Secretary.—The term Secretary means the Secretary of Homeland Security. “(5) Small business.—The term small business means an entity that qualifies as a small business concern, as defined under section 3 of the Small Business Act (15 U.S.C. 632). “(6) Total contract value.—The term total contract value means the total amount of funds expected to be provided to the contractor at issue under the terms of the contract through the full period of performance. “(7) Undefinitized contract action.—The term undefinitized contract action means any contract action for which the contract terms, specifications, or price is not established prior to the start of the performance of the covered contract award. “(e) Sunset.—This section shall cease to have force or effect on the date that is five years after the date of the enactment of this Act [Dec. 23, 2022].”
Required CoordinationPub. L. 108458, title VII, § 7405, Dec. 17, 2004, 118 Stat. 3851, provided that: “The Secretary of Homeland Security shall ensure that there is effective and ongoing coordination of Federal efforts to prevent, prepare for, and respond to acts of terrorism and other major disasters and emergencies among the divisions of the Department of Homeland Security, including the Directorate of Emergency Preparedness and Response and the Office for State and Local Government Coordination and Preparedness.”
Protections for Human Research Subjects of the Department of Homeland SecurityPub. L. 108458, title VIII, § 8306, Dec. 17, 2004, 118 Stat. 3869, provided that: “The Secretary of Homeland Security shall ensure that the Department of Homeland Security complies with the protections for human research subjects, as described in part 46 of title 45, Code of Federal Regulations, or in equivalent regulations as promulgated by such Secretary, with respect to research that is conducted or supported by the Department.”
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# 6 U.S.C. § 113 - Other officers
## Text
(a) Deputy Secretary; Under Secretaries (1) In general Except as provided under paragraph (2), there are the following officers, appointed by the President, by and with the advice and consent of the Senate:
(A) A Deputy Secretary of Homeland Security, who shall be the Secretarys first assistant for purposes of subchapter III of chapter 33 of title 5.
(B) An Under Secretary for Science and Technology.
(C) A Commissioner of U.S. Customs and Border Protection.
(D) An Administrator of the Federal Emergency Management Agency.
(E) A Director of the Bureau of Citizenship and Immigration Services.
(F) An Under Secretary for Management, who shall be first assistant to the Deputy Secretary of Homeland Security for purposes of subchapter III of chapter 33 of title 5.
(G) A Director of U.S. Immigration and Customs Enforcement.
(H) A Director of the Cybersecurity and Infrastructure Security Agency.
(I) Not more than 12 Assistant Secretaries.
(J) A General Counsel, who shall be the chief legal officer of the Department.
(K) An Under Secretary for Strategy, Policy, and Plans.
(2) Assistant Secretaries If any of the Assistant Secretaries referred to under paragraph (1)(I) is designated to be the Assistant Secretary for Health Affairs, the Assistant Secretary for Legislative Affairs, or the Assistant Secretary for Public Affairs, that Assistant Secretary shall be appointed by the President without the advice and consent of the Senate.
(b) Inspector General There shall be in the Department an Office of Inspector General and an Inspector General at the head of such office, as provided in chapter 4 of title 5.
(c) Commandant of the Coast Guard To assist the Secretary in the performance of the Secretarys functions, there is a Commandant of the Coast Guard, who shall be appointed as provided in section 44 11 See References in Text note below. of title 14 and who shall report directly to the Secretary. In addition to such duties as may be provided in this chapter and as assigned to the Commandant by the Secretary, the duties of the Commandant shall include those required by section 2 1 of title 14.
(d) Other officers To assist the Secretary in the performance of the Secretarys functions, there are the following officers, appointed by the President:
(1) A Director of the Secret Service.
(2) A Chief Information Officer.
(3) An Officer for Civil Rights and Civil Liberties.
(4) An Assistant Secretary for the Countering Weapons of Mass Destruction Office.
(5) Any Director of a Joint Task Force under section 348 of this title.
(e) Chief Financial Officer There shall be in the Department a Chief Financial Officer, as provided in chapter 9 of title 31.
(f) Performance of specific functions Subject to the provisions of this chapter, every officer of the Department shall perform the functions specified by law for the officials office or prescribed by the Secretary.
(g) Vacancies (1) Absence, disability, or vacancy of Secretary or Deputy Secretary Notwithstanding chapter 33 of title 5, the Under Secretary for Management shall serve as the Acting Secretary if by reason of absence, disability, or vacancy in office, neither the Secretary nor Deputy Secretary is available to exercise the duties of the Office of the Secretary.
(2) Further order of succession Notwithstanding chapter 33 of title 5, the Secretary may designate such other officers of the Department in further order of succession to serve as Acting Secretary.
(3) Notification of vacancies The Secretary shall notify the Committee on Homeland Security and Governmental Affairs of the Senate and the Committee on Homeland Security of the House of Representatives of any vacancies that require notification under sections 3345 through 3349d of title 5 (commonly known as the “Federal Vacancies Reform Act of 1998”).
(Pub. L. 107296, title I, § 103, Nov. 25, 2002, 116 Stat. 2144; Pub. L. 1087, div. L, § 104(a), Feb. 20, 2003, 117 Stat. 529; Pub. L. 108330, § 3(d)(1)(A), Oct. 16, 2004, 118 Stat. 1276; Pub. L. 108458, title VII, § 7407(b), Dec. 17, 2004, 118 Stat. 3853; Pub. L. 109295, title VI, § 612(b), Oct. 4, 2006, 120 Stat. 1410; Pub. L. 109347, title V, § 501(b)(1), Oct. 13, 2006, 120 Stat. 1935; Pub. L. 11053, title V, § 531(b)(2), Aug. 3, 2007, 121 Stat. 334; Pub. L. 110388, § 1, Oct. 10, 2008, 122 Stat. 4144; Pub. L. 112166, § 2(f)(5), Aug. 10, 2012, 126 Stat. 1285; Pub. L. 114125, title VIII, § 802(g)(1)(A)(ii), Feb. 24, 2016, 130 Stat. 211; Pub. L. 114328, div. A, title XIX, §§ 1901(a), 1903(a), Dec. 23, 2016, 130 Stat. 2665, 2672; Pub. L. 115278, § 2(g)(1), Nov. 16, 2018, 132 Stat. 4176; Pub. L. 115387, § 2(f)(1), Dec. 21, 2018, 132 Stat. 5168; Pub. L. 117286, § 4(b)(21), Dec. 27, 2022, 136 Stat. 4345.)
## Notes
Editorial Notes
References in TextSections 2 and 44 of title 14, referred to in subsec. (c), redesignated sections 102 and 302, respectively, of title 14 by Pub. L. 115282, title I, §§ 103(b), 104(b), Dec. 4, 2018, 132 Stat. 4195, 4196, and references to sections 2 and 44 of title 14 deemed to refer to such redesignated sections, see section 123(b)(1) of Pub. L. 115282, set out as a References to Sections of Title 14 as Redesignated by Pub. L. 115282 note preceding section 101 of Title 14, Coast Guard. This chapter, referred to in subsecs. (c) and (f), was in the original “this Act”, meaning Pub. L. 107296, Nov. 25, 2002, 116 Stat. 2135, known as the Homeland Security Act of 2002, which is classified principally to this chapter. For complete classification of this Act to the Code, see Short Title note set out under section 101 of this title and Tables. The Federal Vacancies Reform Act of 1998, referred to in subsec. (g)(3), is section 151(a) of title I of div. C of Pub. L. 105277, Oct. 21, 1998, 112 Stat. 2681611, which enacted sections 3345 to 3349d of Title 5, Government Organization and Employees, repealed former sections 3345 to 3349 of Title 5, and enacted provisions set out as a note under section 3345 of Title 5. For complete classification of this Act to the Code, see Short Title of 1998 Amendment note set out under section 3301 of Title 5 and Tables.
Amendments2022—Subsec. (b). Pub. L. 117286 substituted “chapter 4 of title 5.” for “the Inspector General Act of 1978 (5 U.S.C. App.).” 2018—Subsec. (a)(1)(H). Pub. L. 115278 amended subpar. (H) generally. Prior to amendment, subpar. (H) read as follows: “An Under Secretary responsible for overseeing critical infrastructure protection, cybersecurity, and other related programs of the Department.” Subsec. (d)(4). Pub. L. 115387 substituted “An Assistant Secretary for the Countering Weapons of Mass Destruction Office” for “A Director for Domestic Nuclear Detection”. 2016—Subsec. (a)(1)(C). Pub. L. 114125, § 802(g)(1)(A)(ii)(I), substituted “A Commissioner of U.S. Customs and Border Protection.” for “An Under Secretary for Border and Transportation Security.” Subsec. (a)(1)(F). Pub. L. 114328, § 1903(a)(1)(A), inserted “, who shall be first assistant to the Deputy Secretary of Homeland Security for purposes of subchapter III of chapter 33 of title 5” before period at end. Subsec. (a)(1)(G). Pub. L. 114125, § 802(g)(1)(A)(ii)(II), substituted “A Director of U.S. Immigration and Customs Enforcement.” for “A Director of the Office of Counternarcotics Enforcement.” Subsec. (a)(1)(K). Pub. L. 114328, § 1903(a)(1)(B), added subpar. (K). Subsec. (d)(5). Pub. L. 114328, § 1901(a), added par. (5). Subsec. (g). Pub. L. 114328, § 1903(a)(2), added subsec. (g). 2012—Subsec. (a). Pub. L. 112166 redesignated introductory provisions as introductory provisions of par. (1), inserted par. (1) heading, substituted “Except as provided under paragraph (2), there” for “There”, redesignated pars. (1) to (10) as subpars. (A) to (J), respectively, of par. (1), and added par. (2). 2008—Subsec. (d)(3) to (5). Pub. L. 110388 redesignated pars. (4) and (5) as (3) and (4), respectively, and struck out former par. (3) which read as follows: “A Chief Human Capital Officer.” 2007—Subsec. (a)(8) to (10). Pub. L. 11053 added par. (8) and redesignated former pars. (8) and (9) as (9) and (10), respectively. 2006—Subsec. (a)(2) to (4). Pub. L. 109295, § 612(b)(2), (3), redesignated pars. (3) to (5) as (2) to (4), respectively, and struck out former par. (2) which read as follows: “An Under Secretary for Information Analysis and Infrastructure Protection.” Subsec. (a)(5). Pub. L. 109295, § 612(b)(3), redesignated par. (6) as (5). Former par. (5) redesignated (4). Pub. L. 109295, § 612(b)(1), added par. (5) and struck out former par. (5) which read as follows: “An Under Secretary for Emergency Preparedness and Response.” Subsec. (a)(6) to (10). Pub. L. 109295, § 612(b)(3), redesignated pars. (7) to (10) as (6) to (9), respectively. Former par. (6) redesignated (5). Subsec. (d)(5). Pub. L. 109347 added par. (5). 2004—Subsec. (a)(8) to (10). Pub. L. 108458 added par. (8) and redesignated former pars. (8) and (9) as (9) and (10), respectively. Subsec. (d)(4), (5). Pub. L. 108330, § 3(d)(1)(A)(i), redesignated par. (5) as (4) and struck out former par. (4) which read as follows: “A Chief Financial Officer.” Subsecs. (e), (f). Pub. L. 108330, § 3(d)(1)(A)(ii), (iii), added subsec. (e) and redesignated former subsec. (e) as (f). 2003—Subsec. (b). Pub. L. 1087 reenacted heading without change and amended text generally. Prior to amendment, text read as follows: “There is an Inspector General, who shall be appointed as provided in section 3(a) of the Inspector General Act of 1978.”
Statutory Notes and Related Subsidiaries
Change of Name Any reference to the Administrator of the Federal Emergency Management Agency in title VI of Pub. L. 109295 or an amendment by title VI to be considered to refer and apply to the Director of the Federal Emergency Management Agency until Mar. 31, 2007, see section 612(f)(2) of Pub. L. 109295, set out as a note under section 313 of this title.
Effective Date of 2012 AmendmentPub. L. 112166, § 6(a), Aug. 10, 2012, 126 Stat. 1295, provided that: “The amendments made by section 2 [see Tables for classification] shall take effect 60 days after the date of enactment of this Act [Aug. 10, 2012] and apply to appointments made on and after that effective date, including any nomination pending in the Senate on that date.”
Under Secretary Responsible for Overseeing Critical Infrastructure Protection, Cybersecurity and Related Programs Authorized To Serve as Director of Cybersecurity and Infrastructure SecurityFor authorization of individual serving as Under Secretary responsible for overseeing critical infrastructure protection, cybersecurity and related programs on the day before Nov. 16, 2018, to continue to serve as Director of Cybersecurity and Infrastructure Security on and after such date, see section 2(b)(1) of Pub. L. 115278, Nov. 16, 2018, 132 Stat. 4175, set out as a note under section 652 of this title.
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# 6 U.S.C. § 114 - Sensitive Security Information
## Text
Using funds made available in this Act, the Secretary of Homeland Security shall provide that each office within the Department that handles documents marked as Sensitive Security Information (SSI) shall have at least one employee in that office with authority to coordinate and make determinations on behalf of the agency that such documents meet the criteria for marking as SSI: Provided, That not later than December 31, 2005, the Secretary shall submit to the Committees on Appropriations of the Senate and the House of Representatives: (1) Department-wide policies for designating, coordinating and marking documents as SSI; (2) Department-wide auditing and accountability procedures for documents designated and marked as SSI; (3) the total number of SSI Coordinators within the Department; and (4) the total number of staff authorized to designate SSI documents within the Department: Provided further, That not later than January 31, 2006, the Secretary shall provide to the Committees on Appropriations of the Senate and the House of Representatives the title of all DHS documents that are designated as SSI in their entirety during the period October 1, 2005, through December 31, 2005: Provided further, That not later than January 31 of each succeeding year, starting on January 31, 2007, the Secretary shall provide annually a similar report to the Committees on Appropriations of the Senate and the House of Representatives on the titles of all DHS documents that are designated as SSI in their entirety during the period of January 1 through December 31 for the preceding year: Provided further, That the Secretary shall promulgate guidance that includes common but extensive examples of SSI that further define the individual categories of information cited under 49 CFR 1520(b)(1) through (16) and eliminates judgment by covered persons in the application of the SSI marking: Provided further, That such guidance shall serve as the primary basis and authority for the marking of DHS information as SSI by covered persons.
(Pub. L. 10990, title V, § 537, Oct. 18, 2005, 119 Stat. 2088.)
## Notes
Editorial Notes
References in TextThis Act, referred to in text, is Pub. L. 10990, Oct. 18, 2005, 119 Stat. 2064, known as the Department of Homeland Security Appropriations Act, 2006. For complete classification of this Act to the Code, see Tables.
Codification Section was enacted as part of the Department of Homeland Security Appropriations Act, 2006, and not as part of the Homeland Security Act of 2002 which comprises this chapter.
Statutory Notes and Related Subsidiaries
Applicability of Third ProvisoPub. L. 114113, div. F, title V, § 510(b), Dec. 18, 2015, 129 Stat. 2514, provided that: “The third proviso of section 537 of the Department of Homeland Security Appropriations Act, 2006 (6 U.S.C. 114), shall hereafter not apply with respect to funds made available in this or any other Act.”
TSA Sensitive Security InformationPub. L. 11781, div. F, title LXIV, § 6423(a), Dec. 27, 2021, 135 Stat. 2419, provided that: “(1) In general.—Not later than 90 days after the date of the enactment of this Act [Dec. 27, 2021], the Administrator of the Transportation Security Administration (TSA) shall—“(A) ensure clear and consistent designation of Sensitive Security Information, including reasonable security justifications for such designation; “(B) develop and implement a schedule to regularly review and update, as necessary, TSA Sensitive Security Information identification guidelines; “(C) develop a tracking mechanism for all Sensitive Security Information redaction and designation challenges; “(D) document justifications for changes in position regarding Sensitive Security Information redactions and designations, and make such changes accessible to TSA personnel for use with relevant stakeholders, including air carriers, airport operators, surface transportation operators, and State and local law enforcement, as necessary; and “(E) ensure that TSA personnel are adequately trained on appropriate designation policies. “(2) Stakeholder outreach.—Not later than 180 days after the date of the enactment of this Act, the Administrator of the Transportation Security Administration (TSA) shall conduct outreach to relevant stakeholders described in paragraph (1)(D) that regularly are granted access to Sensitive Security Information to raise awareness of the TSAs policies and guidelines governing the designation and use of Sensitive Security Information.”
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# 6 U.S.C. § 115 - Trade and customs revenue functions of the Department
## Text
(a) Trade and customs revenue functions (1) Designation of appropriate official The Secretary shall designate an appropriate senior official in the office of the Secretary who shall—
(A) ensure that the trade and customs revenue functions of the Department are coordinated within the Department and with other Federal departments and agencies, and that the impact on legitimate trade is taken into account in any action impacting the functions; and
(B) monitor and report to Congress on the Departments mandate to ensure that the trade and customs revenue functions of the Department are not diminished, including how spending, operations, and personnel related to these functions have kept pace with the level of trade entering the United States.
(2) Director of Trade Policy There shall be a Director of Trade Policy (in this subsection referred to as the “Director”), who shall be subject to the direction and control of the official designated pursuant to paragraph (1). The Director shall—
(A) advise the official designated pursuant to paragraph (1) regarding all aspects of Department policies relating to the trade and customs revenue functions of the Department;
(B) coordinate the development of Department-wide policies regarding trade and customs revenue functions and trade facilitation; and
(C) coordinate the trade and customs revenue-related policies of the Department with the policies of other Federal departments and agencies.
(b) Study; report (1) In general The Comptroller General of the United States shall conduct a study evaluating the extent to which the Department of Homeland Security is meeting its obligations under section 212(b) of this title with respect to the maintenance of customs revenue functions.
(2) Analysis The study shall include an analysis of—
(A) the extent to which the customs revenue functions carried out by the former United States Customs Service have been consolidated with other functions of the Department (including the assignment of noncustoms revenue functions to personnel responsible for customs revenue collection), discontinued, or diminished following the transfer of the United States Customs Service to the Department;
(B) the extent to which staffing levels or resources attributable to customs revenue functions have decreased since the transfer of the United States Customs Service to the Department; and
(C) the extent to which the management structure created by the Department ensures effective trade facilitation and customs revenue collection.
(3) Report Not later than 180 days after October 13, 2006, the Comptroller General shall submit to the appropriate congressional committees a report on the results of the study conducted under subsection (a).
(4) Maintenance of functions Not later than September 30, 2007, the Secretary shall ensure that the requirements of section 212(b) of this title are fully satisfied and shall report to the Committee on Finance of the Senate and the Committee on Ways and Means of the House of Representatives regarding implementation of this paragraph.
(5) Definition In this section, the term “customs revenue functions” means the functions described in section 212(b)(2) of this title.
(c) Consultation on trade and customs revenue functions (1) Business community consultations The Secretary shall consult with representatives of the business community involved in international trade, including seeking the advice and recommendations of the Commercial Operations Advisory Committee, not later than 30 days after proposing, and not later than 30 days before finalizing, any Department policies, initiatives, or actions that will have a significant impact on international trade and customs revenue functions.
(2) Congressional consultation and notification (A) In general Subject to subparagraph (B), the Secretary shall notify the appropriate congressional committees not later than 60 days before proposing, and not later than 60 days before finalizing, any Department policies, initiatives, or actions that will have a major impact on trade and customs revenue functions. Such notifications shall include a description of the proposed policies, initiatives, or actions and any comments or recommendations provided by the Commercial Operations Advisory Committee and other relevant groups regarding the proposed policies, initiatives, or actions.
(B) Exception If the Secretary determines that it is important to the national security interest of the United States to finalize any Department policies, initiatives, or actions prior to the consultation described in subparagraph (A), the Secretary shall—
(i) notify and provide any recommendations of the Commercial Operations Advisory Committee received to the appropriate congressional committees not later than 45 days after the date on which the policies, initiatives, or actions are finalized; and
(ii) to the extent appropriate, modify the policies, initiatives, or actions based upon the consultations with the appropriate congressional committees.
(d) Notification of reorganization of customs revenue functions (1) In general Not less than 45 days prior to any change in the organization of any of the customs revenue functions of the Department, the Secretary shall notify the Committee on Appropriations, the Committee on Finance, and the Committee on Homeland Security and Governmental Affairs of the Senate, and the Committee on Appropriations, the Committee on Homeland Security, and the Committee on Ways and Means of the House of Representatives of the specific assets, functions, or personnel to be transferred as part of such reorganization, and the reason for such transfer. The notification shall also include—
(A) an explanation of how trade enforcement functions will be impacted by the reorganization;
(B) an explanation of how the reorganization meets the requirements of section 212(b) of this title that the Department not diminish the customs revenue and trade facilitation functions formerly performed by the United States Customs Service; and
(C) any comments or recommendations provided by the Commercial Operations Advisory Committee regarding such reorganization.
(2) Analysis Any congressional committee referred to in paragraph (1) may request that the Commercial Operations Advisory Committee provide a report to the committee analyzing the impact of the reorganization and providing any recommendations for modifying the reorganization.
(3) Report Not later than 1 year after any reorganization referred to in paragraph (1) takes place, the Secretary, in consultation with the Commercial Operations Advisory Committee, shall submit a report to the Committee on Finance of the Senate and the Committee on Ways and Means of the House of Representatives. Such report shall include an assessment of the impact of, and any suggested modifications to, such reorganization.
(Pub. L. 109347, title IV, § 401, Oct. 13, 2006, 120 Stat. 1921; Pub. L. 114125, title IX, § 902, Feb. 24, 2016, 130 Stat. 223.)
## Notes
Editorial Notes
Codification Section was enacted as part of the Security and Accountability For Every Port Act of 2006, also known as the SAFE Port Act, and not as part of the Homeland Security Act of 2002 which comprises this chapter.
Amendments2016—Subsec. (c)(1). Pub. L. 114125, § 902(1), substituted “not later than 30 days after proposing, and not later than 30 days before finalizing, any Department policies, initiatives, or actions that will have” for “on Department policies and actions that have”. Subsec. (c)(2)(A). Pub. L. 114125, § 902(2), substituted “not later than 60 days before proposing, and not later than 60 days before finalizing,” for “not later than 30 days prior to the finalization of”.
Statutory Notes and Related Subsidiaries
Definitions For definitions of terms used in this section, see section 901 of this title.
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# 6 U.S.C. § 121a - Homeland Security Intelligence Program
## Text
There is established within the Department of Homeland Security a Homeland Security Intelligence Program. The Homeland Security Intelligence Program constitutes the intelligence activities of the Office of Intelligence and Analysis of the Department that serve predominantly departmental missions.
(Pub. L. 112277, title V, § 501, Jan. 14, 2013, 126 Stat. 2476.)
## Notes
Editorial Notes
Codification Section was enacted as part of the Intelligence Authorization Act for Fiscal Year 2013, and not as part of the Homeland Security Act of 2002 which comprises this chapter.
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# 6 U.S.C. § 122 - Access to information
## Text
(a) In general (1) Threat and vulnerability information Except as otherwise directed by the President, the Secretary shall have such access as the Secretary considers necessary to all information, including reports, assessments, analyses, and unevaluated intelligence relating to threats of terrorism against the United States and to other areas of responsibility assigned by the Secretary, and to all information concerning infrastructure or other vulnerabilities of the United States to terrorism, whether or not such information has been analyzed, that may be collected, possessed, or prepared by any agency of the Federal Government.
(2) Other information The Secretary shall also have access to other information relating to matters under the responsibility of the Secretary that may be collected, possessed, or prepared by an agency of the Federal Government as the President may further provide.
(b) Manner of access Except as otherwise directed by the President, with respect to information to which the Secretary has access pursuant to this section—
(1) the Secretary may obtain such material upon request, and may enter into cooperative arrangements with other executive agencies to provide such material or provide Department officials with access to it on a regular or routine basis, including requests or arrangements involving broad categories of material, access to electronic databases, or both; and
(2) regardless of whether the Secretary has made any request or entered into any cooperative arrangement pursuant to paragraph (1), all agencies of the Federal Government shall promptly provide to the Secretary—
(A) all reports (including information reports containing intelligence which has not been fully evaluated), assessments, and analytical information relating to threats of terrorism against the United States and to other areas of responsibility assigned by the Secretary;
(B) all information concerning the vulnerability of the infrastructure of the United States, or other vulnerabilities of the United States, to terrorism, whether or not such information has been analyzed;
(C) all other information relating to significant and credible threats of terrorism against the United States, whether or not such information has been analyzed; and
(D) such other information or material as the President may direct.
(c) Treatment under certain laws The Secretary shall be deemed to be a Federal law enforcement, intelligence, protective, national defense, immigration, or national security official, and shall be provided with all information from law enforcement agencies that is required to be given to the Director of National Intelligence, under any provision of the following:
(1) The USA PATRIOT Act of 2001 (Public Law 10756).
(2) Section 2517(6) of title 18.
(3) Rule 6(e)(3)(C) of the Federal Rules of Criminal Procedure.
(d) Access to intelligence and other information (1) Access by elements of Federal Government Nothing in this subchapter shall preclude any element of the intelligence community (as that term is defined in section 3003(4) of title 50,11 So in original. There probably should be a closing parenthesis after “50”. or any other element of the Federal Government with responsibility for analyzing terrorist threat information, from receiving any intelligence or other information relating to terrorism.
(2) Sharing of information The Secretary, in consultation with the Director of National Intelligence, shall work to ensure that intelligence or other information relating to terrorism to which the Department has access is appropriately shared with the elements of the Federal Government referred to in paragraph (1), as well as with State and local governments, as appropriate.
(Pub. L. 107296, title II, § 202, Nov. 25, 2002, 116 Stat. 2149; Pub. L. 115278, § 2(g)(2)(D), Nov. 16, 2018, 132 Stat. 4177.)
## Notes
Editorial Notes
References in TextThe USA PATRIOT Act of 2001, referred to in subsec. (c)(1), is Pub. L. 10756, Oct. 26, 2001, 115 Stat. 272, known as the Uniting and Strengthening America by Providing Appropriate Tools Required to Intercept and Obstruct Terrorism Act of 2001 or the USA PATRIOT Act. For complete classification of this Act to the Code, see Short Title of 2001 Amendment note set out under section 1 of Title 18, Crimes and Criminal Procedure, and Tables. The Federal Rules of Criminal Procedure, referred to in subsec. (c)(3), are set out in the Appendix to Title 18, Crimes and Criminal Procedure. This subchapter, referred to in subsec. (d)(1), was in the original “this title”, meaning title II of Pub. L. 107296, Nov. 25, 2002, 116 Stat. 2145, which enacted this subchapter, amended sections 1030, 2511, 2512, 2520, 2701 to 2703, and 3125 of Title 18, Crimes and Criminal Procedure, sections 10102 and 10122 of Title 34, Crime Control and Law Enforcement, and section 3003 of Title 50, War and National Defense, and enacted provisions set out as a note under section 101 of this title and listed in a Provisions for Review, Promulgation, or Amendment of Federal Sentencing Guidelines Relating to Specific Offenses table set out under section 994 of Title 28, Judiciary and Judicial Procedure. For complete classification of title II to the Code, see Tables.
Amendments2018—Subsecs. (c), (d)(2). Pub. L. 115278 substituted “Director of National Intelligence” for “Director of Central Intelligence”.
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# 6 U.S.C. § 124 - Homeland Security Advisory System
## Text
(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 terrorism will be committed on the homeland to Federal, State, local, and tribal government authorities and to the people of the United States, as appropriate. The Secretary shall exercise primary responsibility for providing such advisories or warnings.
(b) Required elements In administering the Homeland Security Advisory 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 warning, specific information and advice regarding appropriate protective measures and countermeasures 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 conditions that are the subject of the advisory or warning.
(Pub. L. 107296, title II, § 203, as added Pub. L. 11053, title V, § 501(a)(1), Aug. 3, 2007, 121 Stat. 306.)
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# 6 U.S.C. § 124a - Homeland security information sharing
## Text
(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 products of the intelligence components of the Department containing homeland security information, terrorism information, weapons of mass destruction information, or national intelligence (as defined in section 3003(5) of title 50) except for any internal security protocols or personnel information of such intelligence components, or other administrative processes that are administered by any chief security officer of the Department.
(b) Information sharing and knowledge management officers For each intelligence component of the Department, the Secretary shall designate an information sharing and knowledge management officer who shall report to the Under Secretary for Intelligence and Analysis regarding coordinating the different systems used in the Department to gather and disseminate homeland security information or national intelligence (as defined in section 3003(5) of title 50).
(c) State, local, and private-sector sources of information (1) Establishment of business processes The Secretary, acting through the Under Secretary for Intelligence and Analysis or the Director of the Cybersecurity and Infrastructure Security Agency, as appropriate, shall—
(A) establish Department-wide procedures for the review and analysis of information provided by State, local, and tribal governments and the private sector;
(B) as appropriate, integrate such information into the information gathered by the Department and other departments and agencies of the Federal Government; and
(C) make available such information, as appropriate, within the Department and to other departments and agencies of the Federal Government.
(2) Feedback The Secretary shall develop mechanisms to provide feedback regarding the analysis and utility of information provided by any entity of State, local, or tribal government or the private sector that provides such information to the Department.
(d) Training and evaluation of employees (1) Training The Secretary, acting through the Under Secretary for Intelligence and Analysis or the Director of the Cybersecurity and Infrastructure Security Agency, as appropriate, shall provide to employees of the Department opportunities for training and education to develop an understanding of—
(A) the definitions of homeland security information and national intelligence (as defined in section 3003(5) of title 50); and
(B) how information available to such employees as part of their duties—
(i) might qualify as homeland security information or national intelligence; and
(ii) might be relevant to the Office of Intelligence and Analysis and the intelligence components of the Department.
(2) Evaluations The Under Secretary for Intelligence and Analysis shall—
(A) on an ongoing basis, evaluate how employees of the Office of Intelligence and Analysis and the intelligence components of the Department are utilizing homeland security information or national intelligence, sharing information within the Department, as described in this subchapter, and participating in the information sharing environment established under section 485 of this title; and
(B) provide to the appropriate component heads regular reports regarding the evaluations under subparagraph (A).
(Pub. L. 107296, title II, § 204, as added Pub. L. 11053, title V, § 501(a)(1), Aug. 3, 2007, 121 Stat. 307; amended Pub. L. 115278, § 2(g)(2)(E), Nov. 16, 2018, 132 Stat. 4177.)
## Notes
Editorial Notes
References in TextThis subchapter, referred to in subsec. (d)(2)(A), was in the original “this title”, meaning title II of Pub. L. 107296, Nov. 25, 2002, 116 Stat. 2145, which enacted this subchapter, amended sections 1030, 2511, 2512, 2520, 2701 to 2703, and 3125 of Title 18, Crimes and Criminal Procedure, sections 10102 and 10122 of Title 34, Crime Control and Law Enforcement, and section 401a of Title 50, War and National Defense, and enacted provisions set out as a note under section 101 of this title and listed in a Provisions for Review, Promulgation, or Amendment of Federal Sentencing Guidelines Relating to Specific Offenses table set out under section 994 of Title 28, Judiciary and Judicial Procedure. For complete classification of title II to the Code, see Tables.
Amendments2018—Subsecs. (c)(1), (d)(1). Pub. L. 115278 substituted “Director of the Cybersecurity and Infrastructure Security Agency” for “Assistant Secretary for Infrastructure Protection” in introductory provisions.
Statutory Notes and Related Subsidiaries
Receipt of Information From United States Secret ServicePub. L. 11053, title V, § 502(b), Aug. 3, 2007, 121 Stat. 311, provided that: “(1) In general.—The Under Secretary for Intelligence and Analysis shall receive from the United States Secret Service homeland security information, terrorism information, weapons of mass destruction information (as these terms are defined in Section [sic] 1016 of the Intelligence Reform and Terrorism Prevention Act of 2004 (6 U.S.C. 485)), or national intelligence, as defined in Section [sic] 3(5) of the National Security Act of 1947 (50 U.S.C. 401a(5)) [now 50 U.S.C. 3003(5)], as well as suspect information obtained in criminal investigations. The United States Secret Service shall cooperate with the Under Secretary for Intelligence and Analysis with respect to activities under sections 204 and 205 of the Homeland Security Act of 2002 [6 U.S.C. 124a, 124b]. “(2) Savings clause.—Nothing in this Act [see Tables for classification] shall interfere with the operation of Section [sic] 3056(g) of Title 18, United States Code, or with the authority of the Secretary of Homeland Security or the Director of the United States Secret Service regarding the budget of the United States Secret Service.”
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# 6 U.S.C. § 124b - Comprehensive information technology network architecture
## Text
(a) Establishment The Secretary, acting through the Under Secretary for Intelligence and Analysis, shall establish, consistent with the policies and procedures developed under section 485 of this title, and consistent with the enterprise architecture of the Department, a comprehensive information technology network architecture for the Office of Intelligence and Analysis that connects the various databases and related information technology assets of the Office of Intelligence and Analysis and the intelligence components of the Department in order to promote internal information sharing among the intelligence and other personnel of the Department.
(b) Comprehensive information technology network architecture defined The term “comprehensive information technology network architecture” means an integrated framework for evolving or maintaining existing information technology and acquiring new information technology to achieve the strategic management and information resources management goals of the Office of Intelligence and Analysis.
(Pub. L. 107296, title II, § 205, as added Pub. L. 11053, title V, § 501(a)(1), Aug. 3, 2007, 121 Stat. 308.)
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# 6 U.S.C. § 124c - Coordination with information sharing environment
## Text
(a) Guidance All activities to comply with sections 124, 124a, and 124b of this title shall be—
(1) consistent with any policies, guidelines, procedures, instructions, or standards established under section 485 of this title;
(2) implemented in coordination with, as appropriate, the program manager for the information sharing environment established under that section;
(3) consistent with any applicable guidance issued by the Director of National Intelligence; and
(4) consistent with any applicable guidance issued by the Secretary relating to the protection of law enforcement information or proprietary information.
(b) Consultation In carrying out the duties and responsibilities under this part, the Under Secretary for Intelligence and Analysis shall take into account the views of the heads of the intelligence components of the Department.
(Pub. L. 107296, title II, § 206, as added Pub. L. 11053, title V, § 501(a)(1), Aug. 3, 2007, 121 Stat. 309.)
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# 6 U.S.C. § 124d - Intelligence components
## Text
Subject to the direction and control of the Secretary, and consistent with any applicable guidance issued by the Director of National Intelligence, the responsibilities of the head of each intelligence component of the Department are as follows:
(1) To ensure that the collection, processing, analysis, and dissemination of information within the scope of the information sharing environment, including homeland security information, terrorism information, weapons of mass destruction information, and national intelligence (as defined in section 3003(5) of title 50), are carried out effectively and efficiently in support of the intelligence mission of the Department, as led by the Under Secretary for Intelligence and Analysis.
(2) To otherwise support and implement the intelligence mission of the Department, as led by the Under Secretary for Intelligence and Analysis.
(3) To incorporate the input of the Under Secretary for Intelligence and Analysis with respect to performance appraisals, bonus or award recommendations, pay adjustments, and other forms of commendation.
(4) To coordinate with the Under Secretary for Intelligence and Analysis in developing policies and requirements for the recruitment and selection of intelligence officials of the intelligence component.
(5) To advise and coordinate with the Under Secretary for Intelligence and Analysis on any plan to reorganize or restructure the intelligence component that would, if implemented, result in realignments of intelligence functions.
(6) To ensure that employees of the intelligence component have knowledge of, and comply with, the programs and policies established by the Under Secretary for Intelligence and Analysis and other appropriate officials of the Department and that such employees comply with all applicable laws and regulations.
(7) To perform such other activities relating to such responsibilities as the Secretary may provide.
(Pub. L. 107296, title II, § 207, as added Pub. L. 11053, title V, § 503(a), Aug. 3, 2007, 121 Stat. 311.)
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# 6 U.S.C. § 124e - Training for employees of intelligence components
## Text
The Secretary shall provide training and guidance for employees, officials, and senior executives of the intelligence components of the Department to develop knowledge of laws, regulations, operations, policies, procedures, and programs that are related to the functions of the Department relating to the collection, processing, analysis, and dissemination of information within the scope of the information sharing environment, including homeland security information, terrorism information, and weapons of mass destruction information, or national intelligence (as defined in section 3003(5) of title 50).
(Pub. L. 107296, title II, § 208, as added Pub. L. 11053, title V, § 503(a), Aug. 3, 2007, 121 Stat. 312.)
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# 6 U.S.C. § 124f - Intelligence training development for State and local government officials
## Text
(a) Curriculum The Secretary, acting through the Under Secretary for Intelligence and Analysis, shall—
(1) develop a curriculum for training State, local, and tribal government officials, including law enforcement officers, intelligence analysts, and other emergency response providers, in the intelligence cycle and Federal laws, practices, and regulations regarding the development, handling, and review of intelligence and other information; and
(2) ensure that the curriculum includes executive level training for senior level State, local, and tribal law enforcement officers, intelligence analysts, and other emergency response providers.
(b) Training To the extent possible, the Federal Law Enforcement Training Center and other existing Federal entities with the capacity and expertise to train State, local, and tribal government officials based on the curriculum developed under subsection (a) shall be used to carry out the training programs created under this section. If such entities do not have the capacity, resources, or capabilities to conduct such training, the Secretary may approve another entity to conduct such training.
(c) Consultation In carrying out the duties described in subsection (a), the Under Secretary for Intelligence and Analysis shall consult with the Director of the Federal Law Enforcement Training Center, the Attorney General, the Director of National Intelligence, the Administrator of the Federal Emergency Management Agency, and other appropriate parties, such as private industry, institutions of higher education, nonprofit institutions, and other intelligence agencies of the Federal Government.
(Pub. L. 107296, title II, § 209, as added Pub. L. 11053, title V, § 503(a), Aug. 3, 2007, 121 Stat. 312.)
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# 6 U.S.C. § 124g - Information sharing incentives
## Text
(a) Awards In making cash awards under chapter 45 of title 5, the President or the head of an agency, in consultation with the program manager designated under section 485 of this title, may consider the success of an employee in appropriately sharing information within the scope of the information sharing environment established under that section, including homeland security information, terrorism information, and weapons of mass destruction information, or national intelligence (as defined in section 3003(5) of title 50 11 So in original. A closing parenthesis probably should precede the comma., in a manner consistent with any policies, guidelines, procedures, instructions, or standards established by the President or, as appropriate, the program manager of that environment for the implementation and management of that environment.
(b) Other incentives The head of each department or agency described in section 485(h) of this title, in consultation with the program manager designated under section 485 of this title, shall adopt best practices regarding effective ways to educate and motivate officers and employees of the Federal Government to participate fully in the information sharing environment, including—
(1) promotions and other nonmonetary awards; and
(2) publicizing information sharing accomplishments by individual employees and, where appropriate, the tangible end benefits that resulted.
(Pub. L. 107296, title II, § 210, as added Pub. L. 11053, title V, § 503(a), Aug. 3, 2007, 121 Stat. 313; amended Pub. L. 117263, div. F, title LXVIII, § 6811(c)(2), Dec. 23, 2022, 136 Stat. 3601.)
## Notes
Editorial Notes
Amendments2022—Subsec. (b). Pub. L. 117263 substituted “section 485(h) of this title” for “section 485(i) of this title” in introductory provisions.
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# 6 U.S.C. § 124h1 - Threat information sharing
## Text
(a) Prioritization The Secretary of Homeland Security shall prioritize the assignment of officers and intelligence analysts under section 124h of this title from the Transportation Security Administration and, as appropriate, from the Office of Intelligence and Analysis of the Department of Homeland Security, to locations with participating State, local, and regional fusion centers in jurisdictions with a high-risk surface transportation asset in order to enhance the security of such assets, including by improving timely sharing, in a manner consistent with the protection of privacy rights, civil rights, and civil liberties, of information regarding threats of terrorism and other threats, including targeted violence.
(b) Intelligence products Officers and intelligence analysts assigned to locations with participating State, local, and regional fusion centers under this section shall participate in the generation and dissemination of transportation security intelligence products, with an emphasis on such products that relate to threats of terrorism and other threats, including targeted violence, to surface transportation assets that—
(1) assist State, local, and Tribal law enforcement agencies in deploying their resources, including personnel, most efficiently to help detect, prevent, investigate, apprehend, and respond to such threats;
(2) promote more consistent and timely sharing with and among jurisdictions of threat information; and
(3) enhance the Department of Homeland Securitys situational awareness of such threats.
(c) Clearances The Secretary of Homeland Security shall make available to appropriate owners and operators of surface transportation assets, and to any other person that the Secretary determines appropriate to foster greater sharing of classified information relating to threats of terrorism and other threats, including targeted violence, to surface transportation assets, the process of application for security clearances under Executive Order No. 13549 (75 Fed. Reg. 162; 11 So in original. Probably should be “51609;”. relating to a classified national security information program) or any successor Executive order.
(d) Report to Congress Not later than one year after December 27, 2021, the Secretary of Homeland Security shall submit to the Committee on Homeland Security of the House of Representatives and the Committee on Homeland Security and Governmental Affairs of the Senate a report that includes a detailed description of the measures used to ensure privacy rights, civil rights, and civil liberties protections in carrying out this section.
(e) GAO report Not later than two years after December 27, 2021, the Comptroller General of the United States shall submit to the Committee on Homeland Security of the House of Representatives and the Committee on Homeland Security and Governmental Affairs of the Senate a review of the implementation of this section, including an assessment of the measures used to ensure privacy rights, civil rights, and civil liberties protections, and any recommendations to improve this implementation, together with any recommendations to improve information sharing with State, local, Tribal, territorial, and private sector entities to prevent, identify, and respond to threats of terrorism and other threats, including targeted violence, to surface transportation assets.
(f) Definitions In this section:
(1) The term “surface transportation asset” includes facilities, equipment, or systems used to provide transportation services by—
(A) a public transportation agency (as such term is defined in section 1131(5) of this title);
(B) a railroad carrier (as such term is defined in section 20102(3) of title 49);
(C) an owner or operator of—
(i) an entity offering scheduled, fixed-route transportation services by over-the-road bus (as such term is defined in section 1151(4) of this title); or
(ii) a bus terminal; or
(D) other transportation facilities, equipment, or systems, as determined by the Secretary.
(2) The term “targeted violence” means an incident of violence in which an attacker selected a particular target in order to inflict mass injury or death with no discernable political or ideological motivation beyond mass injury or death.
(3) The term “terrorism” means the terms—
(A) domestic terrorism (as such term is defined in section 2331(5) of title 18, United States Code); and
(B) international terrorism (as such term is defined in section 2331(1) of title 18).
(Pub. L. 11781, div. F, title LXIV, § 6418, Dec. 27, 2021, 135 Stat. 2415.)
## Notes
Editorial Notes
References in TextExecutive Order No. 13549, referred to in subsec. (c), is Ex. Ord. No. 13549, Aug. 18, 2010, 75 F.R. 51609, which is set out as a note under section 3161 of Title 50, War and National Defense.
Codification Section was enacted as part of the National Defense Authorization Act for Fiscal Year 2022, and not as part of the Homeland Security Act of 2002 which comprises this chapter.
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# 6 U.S.C. § 124h - Department of Homeland Security State, Local, and Regional Fusion Center Initiative
## Text
(a) Establishment The Secretary, in consultation with the program manager of the information sharing environment established under section 485 of this title, the Attorney General, the Privacy Officer of the Department, the Officer for Civil Rights and Civil Liberties of the Department, and the Privacy and Civil Liberties Oversight Board established under section 2000ee of title 42, shall establish a Department of Homeland Security State, Local, and Regional Fusion Center Initiative to establish partnerships with State, local, and regional fusion centers.
(b) Department support and coordination Through the Department of Homeland Security State, Local, and Regional Fusion Center Initiative, and in coordination with the principal officials of participating State, local, or regional fusion centers and the officers designated as the Homeland Security Advisors of the States, the Secretary shall—
(1) provide operational and intelligence advice and assistance to State, local, and regional fusion centers;
(2) support efforts to include State, local, and regional fusion centers into efforts to establish an information sharing environment;
(3) conduct tabletop and live training exercises to regularly assess the capability of individual and regional networks of State, local, and regional fusion centers to integrate the efforts of such networks with the efforts of the Department;
(4) coordinate with other relevant Federal entities engaged in homeland security-related activities;
(5) provide analytic and reporting advice and assistance to State, local, and regional fusion centers;
(6) review information within the scope of the information sharing environment, including homeland security information, terrorism information, and weapons of mass destruction information, that is gathered by State, local, and regional fusion centers, and to incorporate such information, as appropriate, into the Departments own such information;
(7) provide management assistance to State, local, and regional fusion centers;
(8) serve as a point of contact to ensure the dissemination of information within the scope of the information sharing environment, including homeland security information, terrorism information, and weapons of mass destruction information;
(9) facilitate close communication and coordination between State, local, and regional fusion centers and the Department;
(10) provide State, local, and regional fusion centers with expertise on Department resources and operations;
(11) provide training to State, local, and regional fusion centers and encourage such fusion centers to participate in terrorism threat-related exercises conducted by the Department; and
(12) carry out such other duties as the Secretary determines are appropriate.
(c) Personnel assignment (1) In general The Under Secretary for Intelligence and Analysis shall, to the maximum extent practicable, assign officers and intelligence analysts from components of the Department to participating State, local, and regional fusion centers.
(2) Personnel sources Officers and intelligence analysts assigned to participating fusion centers under this subsection may be assigned from the following Department components, in coordination with the respective component head and in consultation with the principal officials of participating fusion centers:
(A) Office of Intelligence and Analysis.
(B) Cybersecurity and Infrastructure Security Agency.
(C) Transportation Security Administration.
(D) United States Customs and Border Protection.
(E) United States Immigration and Customs Enforcement.
(F) United States Coast Guard.
(G) Other components of the Department, as determined by the Secretary.
(3) Qualifying criteria (A) In general The Secretary shall develop qualifying criteria for a fusion center to participate in the assigning of Department officers or intelligence analysts under this section.
(B) Criteria Any criteria developed under subparagraph (A) may include—
(i) whether the fusion center, through its mission and governance structure, focuses on a broad counterterrorism approach, and whether that broad approach is pervasive through all levels of the organization;
(ii) whether the fusion center has sufficient numbers of adequately trained personnel to support a broad counterterrorism mission;
(iii) whether the fusion center has—
(I) access to relevant law enforcement, emergency response, private sector, open source, and national security data; and
(II) the ability to share and analytically utilize that data for lawful purposes;
(iv) whether the fusion center is adequately funded by the State, local, or regional government to support its counterterrorism mission; and
(v) the relevancy of the mission of the fusion center to the particular source component of Department officers or intelligence analysts.
(4) Prerequisite (A) Intelligence analysis, privacy, and civil liberties training Before being assigned to a fusion center under this section, an officer or intelligence analyst shall undergo—
(i) appropriate intelligence analysis or information sharing training using an intelligence-led policing curriculum that is consistent with—
(I) standard training and education programs offered to Department law enforcement and intelligence personnel; and
(II) the Criminal Intelligence Systems Operating Policies under part 23 of title 28, Code of Federal Regulations (or any corresponding similar rule or regulation);
(ii) appropriate privacy and civil liberties training that is developed, supported, or sponsored by the Privacy Officer appointed under section 142 of this title and the Officer for Civil Rights and Civil Liberties of the Department, in consultation with the Privacy and Civil Liberties Oversight Board established under section 2000ee of title 42; and
(iii) such other training prescribed by the Under Secretary for Intelligence and Analysis.
(B) Prior work experience in area In determining the eligibility of an officer or intelligence analyst to be assigned to a fusion center under this section, the Under Secretary for Intelligence and Analysis shall consider the familiarity of the officer or intelligence analyst with the State, locality, or region, as determined by such factors as whether the officer or intelligence analyst—
(i) has been previously assigned in the geographic area; or
(ii) has previously worked with intelligence officials or law enforcement or other emergency response providers from that State, locality, or region.
(5) Expedited security clearance processing The Under Secretary for Intelligence and Analysis—
(A) shall ensure that each officer or intelligence analyst assigned to a fusion center under this section has the appropriate security clearance to contribute effectively to the mission of the fusion center; and
(B) may request that security clearance processing be expedited for each such officer or intelligence analyst and may use available funds for such purpose.
(6) Further qualifications Each officer or intelligence analyst assigned to a fusion center under this section shall satisfy any other qualifications the Under Secretary for Intelligence and Analysis may prescribe.
(d) Responsibilities An officer or intelligence analyst assigned to a fusion center under this section shall—
(1) assist law enforcement agencies and other emergency response providers of State, local, and tribal governments and fusion center personnel in using information within the scope of the information sharing environment, including homeland security information, terrorism information, and weapons of mass destruction information, to develop a comprehensive and accurate threat picture;
(2) review homeland security-relevant information from law enforcement agencies and other emergency response providers of State, local, and tribal government;
(3) create intelligence and other information products derived from such information and other homeland security-relevant information provided by the Department; and
(4) assist in the dissemination of such products, as coordinated by the Under Secretary for Intelligence and Analysis, to law enforcement agencies and other emergency response providers of State, local, and tribal government, other fusion centers, and appropriate Federal agencies.
(e) Border intelligence priority (1) In general The Secretary shall make it a priority to assign officers and intelligence analysts under this section from United States Customs and Border Protection, United States Immigration and Customs Enforcement, and the Coast Guard to participating State, local, and regional fusion centers located in jurisdictions along land or maritime borders of the United States in order to enhance the integrity of and security at such borders by helping Federal, State, local, and tribal law enforcement authorities to identify, investigate, and otherwise interdict persons, weapons, and related contraband that pose a threat to homeland security.
(2) Border intelligence products When performing the responsibilities described in subsection (d), officers and intelligence analysts assigned to participating State, local, and regional fusion centers under this section shall have, as a primary responsibility, the creation of border intelligence products that—
(A) assist State, local, and tribal law enforcement agencies in deploying their resources most efficiently to help detect and interdict terrorists, weapons of mass destruction, and related contraband at land or maritime borders of the United States;
(B) promote more consistent and timely sharing of border security-relevant information among jurisdictions along land or maritime borders of the United States; and
(C) enhance the Departments situational awareness of the threat of acts of terrorism at or involving the land or maritime borders of the United States.
(f) Database access In order to fulfill the objectives described under subsection (d), each officer or intelligence analyst assigned to a fusion center under this section shall have appropriate access to all relevant Federal databases and information systems, consistent with any policies, guidelines, procedures, instructions, or standards established by the President or, as appropriate, the program manager of the information sharing environment for the implementation and management of that environment.
(g) Consumer feedback (1) In general The Secretary shall create a voluntary mechanism for any State, local, or tribal law enforcement officer or other emergency response provider who is a consumer of the intelligence or other information products referred to in subsection (d) to provide feedback to the Department on the quality and utility of such intelligence products.
(2) Report Not later than one year after August 3, 2007, and annually thereafter, the Secretary shall submit 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 that includes a description of the consumer feedback obtained under paragraph (1) and, if applicable, how the Department has adjusted its production of intelligence products in response to that consumer feedback.
(h) Rule of construction (1) In general The authorities granted under this section shall supplement the authorities granted under section 121(d) of this title and nothing in this section shall be construed to abrogate the authorities granted under section 121(d) of this title.
(2) Participation Nothing in this section shall be construed to require a State, local, or regional government or entity to accept the assignment of officers or intelligence analysts of the Department into the fusion center of that State, locality, or region.
(i) Guidelines The Secretary, in consultation with the Attorney General, shall establish guidelines for fusion centers created and operated by State and local governments, to include standards that any such fusion center shall—
(1) collaboratively develop a mission statement, identify expectations and goals, measure performance, and determine effectiveness for that fusion center;
(2) create a representative governance structure that includes law enforcement officers and other emergency response providers and, as appropriate, the private sector;
(3) create a collaborative environment for the sharing of intelligence and information among Federal, State, local, and tribal government agencies (including law enforcement officers and other emergency response providers), the private sector, and the public, consistent with any policies, guidelines, procedures, instructions, or standards established by the President or, as appropriate, the program manager of the information sharing environment;
(4) leverage the databases, systems, and networks available from public and private sector entities, in accordance with all applicable laws, to maximize information sharing;
(5) develop, publish, and adhere to a privacy and civil liberties policy consistent with Federal, State, and local law;
(6) provide, in coordination with the Privacy Officer of the Department and the Officer for Civil Rights and Civil Liberties of the Department, appropriate privacy and civil liberties training for all State, local, tribal, and private sector representatives at the fusion center;
(7) ensure appropriate security measures are in place for the facility, data, and personnel;
(8) select and train personnel based on the needs, mission, goals, and functions of that fusion center;
(9) offer a variety of intelligence and information services and products to recipients of fusion center intelligence and information; and
(10) incorporate law enforcement officers, other emergency response providers, and, as appropriate, the private sector, into all relevant phases of the intelligence and fusion process, consistent with the mission statement developed under paragraph (1), either through full time representatives or liaison relationships with the fusion center to enable the receipt and sharing of information and intelligence.
(j) Fusion center information sharing strategy Not later than 1 year after March 2, 2020, and not less frequently than once every 5 years thereafter, the Secretary shall develop or update a strategy for Department engagement with fusion centers. Such strategy shall be developed and updated in consultation with the heads of intelligence components of the Department, the Chief Privacy Officer, the Officer for Civil Rights and Civil Liberties, officials of fusion centers, officers designated as Homeland Security Advisors, and the heads of other relevant agencies, as appropriate. Such strategy shall include the following:
(1) Specific goals and objectives for sharing information and engaging with fusion centers—
(A) through the direct deployment of personnel from intelligence components of the Department;
(B) through the use of Department unclassified and classified information sharing systems, including the Homeland Security Information Network and the Homeland Secure Data Network, or any successor systems; and
(C) through any additional means.
(2) The performance metrics to be used to measure success in achieving the goals and objectives referred to in paragraph (1).
(3) A 5-year plan for continued engagement with fusion centers.
(k) Definitions In this section—
(1) the term “fusion center” means a collaborative effort of 2 or more Federal, State, local, or tribal government agencies that combines resources, expertise, or information with the goal of maximizing the ability of such agencies to detect, prevent, investigate, apprehend, and respond to criminal or terrorist activity;
(2) the term “information sharing environment” means the information sharing environment established under section 485 of this title;
(3) the term “intelligence analyst” means an individual who regularly advises, administers, supervises, or performs work in the collection, gathering, analysis, evaluation, reporting, production, or dissemination of information on political, economic, social, cultural, physical, geographical, scientific, or military conditions, trends, or forces in foreign or domestic areas that directly or indirectly affect national security;
(4) the term “intelligence-led policing” means the collection and analysis of information to produce an intelligence end product designed to inform law enforcement decision making at the tactical and strategic levels; and
(5) the term “terrorism information” has the meaning given that term in section 485 of this title.
(l) Authorization of appropriations There is authorized to be appropriated $10,000,000 for each of fiscal years 2008 through 2012, to carry out this section, except for subsection (i), including for hiring officers and intelligence analysts to replace officers and intelligence analysts who are assigned to fusion centers under this section.
(Pub. L. 107296, title II, § 210A, as added Pub. L. 11053, title V, § 511(a), Aug. 3, 2007, 121 Stat. 317; amended Pub. L. 115278, § 2(g)(2)(F), Nov. 16, 2018, 132 Stat. 4177; Pub. L. 116116, § 2, Mar. 2, 2020, 134 Stat. 110.)
## Notes
Editorial Notes
Amendments2020—Subsecs. (j) to (l). Pub. L. 116116 added subsec. (j) and redesignated former subsecs. (j) and (k) as (k) and (l), respectively. 2018—Subsec. (c)(2)(B). Pub. L. 115278 substituted “Cybersecurity and Infrastructure Security Agency” for “Office of Infrastructure Protection”.
Statutory Notes and Related Subsidiaries
Office of Intelligence and Analysis Field Personnel Support to Fusion CentersPub. L. 116116, § 3, Mar. 2, 2020, 134 Stat. 111, provided that: “(a) Performance Metrics.—Not later than 180 days after the date of the enactment of this Act [Mar. 2, 2020], the Under Secretary for Intelligence and Analysis shall—“(1) consider the effectiveness of existing processes to identify and prepare field personnel for deployment to support fusion centers and internal mechanisms to ensure oversight and accountability of such field personnel, including field personnel assigned to one center and field personnel assigned to multiple centers; and “(2) publish and disseminate performance metrics, taking into account, as appropriate, regional and threat diversity, for—“(A) field personnel from the Office of Intelligence and Analysis assigned to an individual fusion center; “(B) field personnel from the Office of Intelligence and Analysis assigned to multiple fusion centers; and “(C) Regional Directors of the Office of Intelligence and Analysis to ensure accountability for monitoring all field personnel under the supervision of such Regional Directors. “(b) Training.—In consultation with the Chief Information Officer, the Under Secretary for Intelligence and Analysis shall develop and implement a formalized training module for fusion center personnel regarding the classified Homeland Secure Data Network, or any successor system. “(c) Fusion Center Defined.—In this section, the term fusion center has the meaning given such term in section 210A(k) of the Homeland Security Act of 2002 [6 U.S.C. 124h(k)], as so redesignated by section 2 [amending this section].”
Training for Predeployed Officers and AnalystsPub. L. 11053, title V, § 511(b), Aug. 3, 2007, 121 Stat. 323, provided that: “An officer or analyst assigned to a fusion center by the Secretary of Homeland Security before the date of the enactment of this Act [Aug. 3, 2007] shall undergo the training described in section 210A(c)(4)(A) of the Homeland Security Act of 2002 [6 U.S.C. 124h(c)(4)(A)], as added by subsection (a), by not later than 6 months after such date.”
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# 6 U.S.C. § 124i - Homeland Security Information Sharing Fellows Program
## Text
(a) Establishment (1) In general The Secretary, acting through the Under Secretary for Intelligence and Analysis, and in consultation with the Chief Human Capital Officer, shall establish a fellowship program in accordance with this section for the purpose of—
(A) detailing State, local, and tribal law enforcement officers and intelligence analysts to the Department in accordance with subchapter VI of chapter 33 of title 5 to participate in the work of the Office of Intelligence and Analysis in order to become familiar with—
(i) the relevant missions and capabilities of the Department and other Federal agencies; and
(ii) the role, programs, products, and personnel of the Office of Intelligence and Analysis; and
(B) promoting information sharing between the Department and State, local, and tribal law enforcement officers and intelligence analysts by assigning such officers and analysts to—
(i) serve as a point of contact in the Department to assist in the representation of State, local, and tribal information requirements;
(ii) identify information within the scope of the information sharing environment, including homeland security information, terrorism information, and weapons of mass destruction information, that is of interest to State, local, and tribal law enforcement officers, intelligence analysts, and other emergency response providers;
(iii) assist Department analysts in preparing and disseminating products derived from information within the scope of the information sharing environment, including homeland security information, terrorism information, and weapons of mass destruction information, that are tailored to State, local, and tribal law enforcement officers and intelligence analysts and designed to prepare for and thwart acts of terrorism; and
(iv) assist Department analysts in preparing products derived from information within the scope of the information sharing environment, including homeland security information, terrorism information, and weapons of mass destruction information, that are tailored to State, local, and tribal emergency response providers and assist in the dissemination of such products through appropriate Department channels.
(2) Program name The program under this section shall be known as the “Homeland Security Information Sharing Fellows Program”.
(b) Eligibility (1) In general In order to be eligible for selection as an Information Sharing Fellow under the program under this section, an individual shall—
(A) have homeland security-related responsibilities;
(B) be eligible for an appropriate security clearance;
(C) possess a valid need for access to classified information, as determined by the Under Secretary for Intelligence and Analysis;
(D) be an employee of an eligible entity; and
(E) have undergone appropriate privacy and civil liberties training that is developed, supported, or sponsored by the Privacy Officer and the Officer for Civil Rights and Civil Liberties, in consultation with the Privacy and Civil Liberties Oversight Board established under section 2000ee of title 42.
(2) Eligible entities In this subsection, the term “eligible entity” means—
(A) a State, local, or regional fusion center;
(B) a State or local law enforcement or other government entity that serves a major metropolitan area, suburban area, or rural area, as determined by the Secretary;
(C) a State or local law enforcement or other government entity with port, border, or agricultural responsibilities, as determined by the Secretary;
(D) a tribal law enforcement or other authority; or
(E) such other entity as the Secretary determines is appropriate.
(c) Optional participation No State, local, or tribal law enforcement or other government entity shall be required to participate in the Homeland Security Information Sharing Fellows Program.
(d) Procedures for nomination and selection (1) In general The Under Secretary for Intelligence and Analysis shall establish procedures to provide for the nomination and selection of individuals to participate in the Homeland Security Information Sharing Fellows Program.
(2) Limitations The Under Secretary for Intelligence and Analysis shall—
(A) select law enforcement officers and intelligence analysts representing a broad cross-section of State, local, and tribal agencies; and
(B) ensure that the number of Information Sharing Fellows selected does not impede the activities of the Office of Intelligence and Analysis.
(Pub. L. 107296, title II, § 210B, as added Pub. L. 11053, title V, § 512(a), Aug. 3, 2007, 121 Stat. 324.)
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# 6 U.S.C. § 124j - Rural Policing Institute
## Text
(a) In general The Secretary shall establish a Rural Policing Institute, which shall be administered by the Federal Law Enforcement Training Center, to target training to law enforcement agencies and other emergency response providers located in rural areas. The Secretary, through the Rural Policing Institute, shall—
(1) evaluate the needs of law enforcement agencies and other emergency response providers in rural areas;
(2) develop expert training programs designed to address the needs of law enforcement agencies and other emergency response providers in rural areas as identified in the evaluation conducted under paragraph (1), including training programs about intelligence-led policing and protections for privacy, civil rights, and civil liberties;
(3) provide the training programs developed under paragraph (2) to law enforcement agencies and other emergency response providers in rural areas; and
(4) conduct outreach efforts to ensure that local and tribal governments in rural areas are aware of the training programs developed under paragraph (2) so they can avail themselves of such programs.
(b) Curricula The training at the Rural Policing Institute established under subsection (a) shall—
(1) be configured in a manner so as not to duplicate or displace any law enforcement or emergency response program of the Federal Law Enforcement Training Center or a local or tribal government entity in existence on August 3, 2007; and
(2) to the maximum extent practicable, be delivered in a cost-effective manner at facilities of the Department, on closed military installations with adequate training facilities, or at facilities operated by the participants.
(c) Definition In this section, the term “rural” means an area that is not located in a metropolitan statistical area, as defined by the Office of Management and Budget.
(d) Authorization of appropriations There are authorized to be appropriated to carry out this section (including for contracts, staff, and equipment)—
(1) $10,000,000 for fiscal year 2008; and
(2) $5,000,000 for each of fiscal years 2009 through 2013.
(Pub. L. 107296, title II, § 210C, as added Pub. L. 11053, title V, § 513(a), Aug. 3, 2007, 121 Stat. 327.)
## Notes
Statutory Notes and Related Subsidiaries
Rural AreaPub. L. 11274, div. D, title V, § 546, Dec. 23, 2011, 125 Stat. 977, provided that: “For fiscal year 2012 and thereafter, for purposes of section 210C of the Homeland Security Act of 2002 (6 U.S.C. 124j), a rural area shall also include any area that is located in a metropolitan statistical area and a county, borough, parish, or area under the jurisdiction of an Indian tribe with a population of not more than 50,000.”
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# 6 U.S.C. § 124k - Interagency Threat Assessment and Coordination Group
## Text
(a) In general To improve the sharing of information within the scope of the information sharing environment established under section 485 of this title with State, local, tribal, and private sector officials, the Director of National Intelligence, through the program manager for the information sharing environment, in coordination with the Secretary, shall coordinate and oversee the creation of an Interagency Threat Assessment and Coordination Group (referred to in this section as the “ITACG”).
(b) Composition of ITACG The ITACG shall consist of—
(1) an ITACG Advisory Council to set policy and develop processes for the integration, analysis, and dissemination of federally-coordinated information within the scope of the information sharing environment, including homeland security information, terrorism information, and weapons of mass destruction information; and
(2) an ITACG Detail comprised of State, local, and tribal homeland security and law enforcement officers and intelligence analysts detailed to work in the National Counterterrorism Center with Federal intelligence analysts for the purpose of integrating, analyzing, and assisting in the dissemination of federally-coordinated information within the scope of the information sharing environment, including homeland security information, terrorism information, and weapons of mass destruction information, through appropriate channels identified by the ITACG Advisory Council.
(c) Responsibilities of Secretary The Secretary, or the Secretarys designee, in coordination with the Director of the National Counterterrorism Center and the ITACG Advisory Council, shall—
(1) create policies and standards for the creation of information products derived from information within the scope of the information sharing environment, including homeland security information, terrorism information, and weapons of mass destruction information, that are suitable for dissemination to State, local, and tribal governments and the private sector;
(2) evaluate and develop processes for the timely dissemination of federally-coordinated information within the scope of the information sharing environment, including homeland security information, terrorism information, and weapons of mass destruction information, to State, local, and tribal governments and the private sector;
(3) establish criteria and a methodology for indicating to State, local, and tribal governments and the private sector the reliability of information within the scope of the information sharing environment, including homeland security information, terrorism information, and weapons of mass destruction information, disseminated to them;
(4) educate the intelligence community about the requirements of the State, local, and tribal homeland security, law enforcement, and other emergency response providers regarding information within the scope of the information sharing environment, including homeland security information, terrorism information, and weapons of mass destruction information;
(5) establish and maintain the ITACG Detail, which shall assign an appropriate number of State, local, and tribal homeland security and law enforcement officers and intelligence analysts to work in the National Counterterrorism Center who shall—
(A) educate and advise National Counterterrorism Center intelligence analysts about the requirements of the State, local, and tribal homeland security and law enforcement officers, and other emergency response providers regarding information within the scope of the information sharing environment, including homeland security information, terrorism information, and weapons of mass destruction information;
(B) assist National Counterterrorism Center intelligence analysts in integrating, analyzing, and otherwise preparing versions of products derived from information within the scope of the information sharing environment, including homeland security information, terrorism information, and weapons of mass destruction information that are unclassified or classified at the lowest possible level and suitable for dissemination to State, local, and tribal homeland security and law enforcement agencies in order to help deter and prevent terrorist attacks;
(C) implement, in coordination with National Counterterrorism Center intelligence analysts, the policies, processes, procedures, standards, and guidelines developed by the ITACG Advisory Council;
(D) assist in the dissemination of products derived from information within the scope of the information sharing environment, including homeland security information, terrorism information, and weapons of mass destruction information, to State, local, and tribal jurisdictions only through appropriate channels identified by the ITACG Advisory Council;
(E) make recommendations, as appropriate, to the Secretary or the Secretarys designee, for the further dissemination of intelligence products that could likely inform or improve the security of a State, local, or tribal government, (including a State, local, or tribal law enforcement agency) or a private sector entity; and
(F) report directly to the senior intelligence official from the Department under paragraph (6);
(6) detail a senior intelligence official from the Department of Homeland Security to the National Counterterrorism Center, who shall—
(A) manage the day-to-day operations of the ITACG Detail;
(B) report directly to the Director of the National Counterterrorism Center or the Directors designee; and
(C) in coordination with the Director of the Federal Bureau of Investigation, and subject to the approval of the Director of the National Counterterrorism Center, select a deputy from the pool of available detailees from the Federal Bureau of Investigation in the National Counterterrorism Center;
(7) establish, within the ITACG Advisory Council, a mechanism to select law enforcement officers and intelligence analysts for placement in the National Counterterrorism Center consistent with paragraph (5), using criteria developed by the ITACG Advisory Council that shall encourage participation from a broadly representative group of State, local, and tribal homeland security and law enforcement agencies; and
(8) compile an annual assessment of the ITACG Details performance, including summaries of customer feedback, in preparing, disseminating, and requesting the dissemination of intelligence products intended for State, local and tribal government (including State, local, and tribal law enforcement agencies) and private sector entities.
(d) Membership The Secretary, or the Secretarys designee, shall serve as the chair of the ITACG Advisory Council, which shall include—
(1) representatives of—
(A) the Department;
(B) the Federal Bureau of Investigation;
(C) the National Counterterrorism Center;
(D) the Department of Defense;
(E) the Department of Energy;
(F) the Department of State; and
(G) other Federal entities as appropriate;
(2) the program manager of the information sharing environment, designated under section 485(f) of this title, or the program managers designee; and
(3) executive level law enforcement and intelligence officials from State, local, and tribal governments.
(e) Criteria The Secretary, in consultation with the Director of National Intelligence, the Attorney General, and the program manager of the information sharing environment established under section 485 of this title, shall—
(1) establish procedures for selecting members of the ITACG Advisory Council and for the proper handling and safeguarding of products derived from information within the scope of the information sharing environment, including homeland security information, terrorism information, and weapons of mass destruction information, by those members; and
(2) ensure that at least 50 percent of the members of the ITACG Advisory Council are from State, local, and tribal governments.
(f) Operations (1) In general Beginning not later than 90 days after August 3, 2007, the ITACG Advisory Council shall meet regularly, but not less than quarterly, at the facilities of the National Counterterrorism Center of the Office of the Director of National Intelligence.
(2) Management Pursuant to section 3056(f)(E) 11 So in original. Probably should be section “3056(f)(1)(E)”. of title 50, the Director of the National Counterterrorism Center, acting through the senior intelligence official from the Department of Homeland Security detailed pursuant to subsection (d)(6),22 See References in Text note below. shall ensure that—
(A) the products derived from information within the scope of the information sharing environment, including homeland security information, terrorism information, and weapons of mass destruction information, prepared by the National Counterterrorism Center and the ITACG Detail for distribution to State, local, and tribal homeland security and law enforcement agencies reflect the requirements of such agencies and are produced consistently with the policies, processes, procedures, standards, and guidelines established by the ITACG Advisory Council;
(B) in consultation with the ITACG Advisory Council and consistent with sections 3024(e)(1)(B)(iii) and 3056(f)(E) 1 of title 50, all products described in subparagraph (A) are disseminated through existing channels of the Department and the Department of Justice and other appropriate channels to State, local, and tribal government officials and other entities;
(C) all detailees under subsection (d)(5) 2 have appropriate access to all relevant information within the scope of the information sharing environment, including homeland security information, terrorism information, and weapons of mass destruction information, available at the National Counterterrorism Center in order to accomplish the objectives under that paragraph;
(D) all detailees under subsection (d)(5) 2 have the appropriate security clearances and are trained in the procedures for handling, processing, storing, and disseminating classified products derived from information within the scope of the information sharing environment, including homeland security information, terrorism information, and weapons of mass destruction information; and
(E) all detailees under subsection (d)(5) 2 complete appropriate privacy and civil liberties training.
(g) Inapplicability of chapter 10 of title 5 Chapter 10 of title 5 shall not apply to the ITACG or any subsidiary groups thereof.
(h) Authorization of appropriations There are authorized to be appropriated such sums as may be necessary for each of fiscal years 2008 through 2012 to carry out this section, including to obtain security clearances for the State, local, and tribal participants in the ITACG.
(Pub. L. 107296, title II, § 210D, as added Pub. L. 11053, title V, § 521(a), Aug. 3, 2007, 121 Stat. 328; amended Pub. L. 111258, § 5(b)(2), (c), Oct. 7, 2010, 124 Stat. 2650, 2651; Pub. L. 11692, div. E, title LXVII, § 6726(b), Dec. 20, 2019, 133 Stat. 2236; Pub. L. 117286, § 4(a)(12), Dec. 27, 2022, 136 Stat. 4306; Pub. L. 11960, div. F, title LXIV, § 6402(c)(2)(I), Dec. 18, 2025, 139 Stat. 1616.)
## Notes
Editorial Notes
References in TextSubsection (d)(5) and (6), referred to in subsec. (f)(2), was redesignated subsec. (c)(5) and (6), respectively, by Pub. L. 11692, div. E, title LXVII, § 6726(b)(2), Dec. 20, 2019, 133 Stat. 2236.
Amendments2025—Subsec. (f)(2)(B). Pub. L. 11960 substituted “sections 3024(e)(1)(B)(iii)” for “sections 3024(f)(1)(B)(iii)”. 2022—Subsec. (g). Pub. L. 117286, which directed amendment of subsec. (h) by substituting “chapter 10 of title 5” for “the Federal Advisory Committee Act” in heading and “Chapter 10 of title 5” for “The Federal Advisory Committee Act (5 U.S.C. App.)” in text, was executed by making the substitutions in subsec. (g) to reflect the probable intent of Congress and the prior amendment by Pub. L. 11692. See 2019 Amendment below. 2019—Subsec. (c). Pub. L. 11692, § 6726(b)(1), (2), redesignated subsec. (d) as (c) and struck out former subsec. (c) which related to responsibilities of program manager. Subsec. (c)(9). Pub. L. 11692, § 6726(b)(3), struck out par. (9) which read as follows: “provide the assessment developed pursuant to paragraph (8) to the program manager for use in the annual reports required by subsection (c)(2).” Subsecs. (d) to (i). Pub. L. 11692, § 6726(b)(2), redesignated subsecs. (e) to (i) as (d) to (h), respectively. 2010—Subsec. (c). Pub. L. 111258, § 5(c)(1), struck out “, in consultation with the Information Sharing Council,” after “program manager” in introductory provisions. Subsec. (c)(3). Pub. L. 111258, § 5(c)(2)(4), added par. (3). Subsec. (d)(5)(E), (F). Pub. L. 111258, § 5(b)(2)(A), added subpar. (E) and redesignated former subpar. (E) as (F). Subsec. (d)(8), (9). Pub. L. 111258, § 5(b)(2)(B)(D), added pars. (8) and (9).
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# 6 U.S.C. § 124l - Transferred
## Notes
Editorial Notes
Codification Section, Pub. L. 107296, title II, § 210E, as added Pub. L. 11053, title X, § 1001(a), Aug. 3, 2007, 121 Stat. 372, which related to national asset database, was renumbered section 2214 of Pub. L. 107296 by Pub. L. 115278, § 2(g)(2)(G), Nov. 16, 2018, 132 Stat. 4178, and transferred to section 664 of this title.
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# 6 U.S.C. § 124m1 - Departmental coordination on counter threats
## Text
(a) Establishment There is authorized in the Department, for a period of 2 years beginning after December 27, 2020, a Counter Threats Advisory Board (in this section referred to as the “Board”) which shall—
(1) be composed of senior representatives of departmental operational components and headquarters elements; and
(2) coordinate departmental intelligence activities and policy and information related to the mission and functions of the Department that counter threats.
(b) Charter There shall be a charter to govern the structure and mission of the Board, which shall—
(1) direct the Board to focus on the current threat environment and the importance of aligning departmental activities to counter threats under the guidance of the Secretary; and
(2) be reviewed and updated as appropriate.
(c) Members (1) In general The Board shall be composed of senior representatives of departmental operational components and headquarters elements.
(2) Chair The Under Secretary for Intelligence and Analysis shall serve as the Chair of the Board.
(3) Members The Secretary shall appoint additional members of the Board from among the following:
(A) The Transportation Security Administration.
(B) U.S. Customs and Border Protection.
(C) U.S. Immigration and Customs Enforcement.
(D) The Federal Emergency Management Agency.
(E) The Coast Guard.
(F) U.S. Citizenship and Immigration Services.
(G) The United States Secret Service.
(H) The Cybersecurity and Infrastructure Security Agency.
(I) The Office of Operations Coordination.
(J) The Office of the General Counsel.
(K) The Office of Intelligence and Analysis.
(L) The Office of Strategy, Policy, and Plans.
(M) The Science and Technology Directorate.
(N) The Office for State and Local Law Enforcement.
(O) The Privacy Office.
(P) The Office for Civil Rights and Civil Liberties.
(Q) Other departmental offices and programs as determined appropriate by the Secretary.
(d) Meetings The Board shall—
(1) meet on a regular basis to discuss intelligence and coordinate ongoing threat mitigation efforts and departmental activities, including coordination with other Federal, State, local, tribal, territorial, and private sector partners; and
(2) make recommendations to the Secretary.
(e) Terrorism alerts The Board shall advise the Secretary on the issuance of terrorism alerts under section 124 of this title.
(f) Prohibition on additional funds No additional funds are authorized to carry out this section.
(Pub. L. 107296, title II, § 210F, as added Pub. L. 116260, div. U, title VI, § 602(a), Dec. 27, 2020, 134 Stat. 2294.)
## Notes
Editorial Notes
Prior ProvisionsA prior section 210F of Pub. L. 107296 was renumbered section 210E and is classified to section 124m of this title.
Statutory Notes and Related Subsidiaries
Notice Regarding Mechanisms to Coordinate ThreatsPub. L. 116260, div. U, title VI, § 602(d), Dec. 27, 2020, 134 Stat. 2295, provided that: “The Secretary of Homeland Security shall provide written notification to and brief the Committee on Homeland Security and Governmental Affairs of the Senate and the Committee on Homeland Security of the House of Representatives on any changes to or introductions of new mechanisms to coordinate threats across the Department of Homeland Security.”
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chapter_number: "1"
chapter_name: "HOMELAND SECURITY ORGANIZATION"
section: "124m"
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# 6 U.S.C. § 124m - Classified Information Advisory Officer
## Text
(a) Requirement to establish The Secretary shall identify and designate within the Department a Classified Information Advisory Officer, as described in this section.
(b) Responsibilities The responsibilities of the Classified Information Advisory Officer shall be as follows:
(1) To develop and disseminate educational materials and to develop and administer training programs to assist State, local, and tribal governments (including State, local, and tribal law enforcement agencies) and private sector entities—
(A) in developing plans and policies to respond to requests related to classified information without communicating such information to individuals who lack appropriate security clearances;
(B) regarding the appropriate procedures for challenging classification designations of information received by personnel of such entities; and
(C) on the means by which such personnel may apply for security clearances.
(2) To inform the Under Secretary for Intelligence and Analysis on policies and procedures that could facilitate the sharing of classified information with such personnel, as appropriate.
(c) Initial designation Not later than 90 days after October 7, 2010, the Secretary shall—
(1) designate the initial Classified Information Advisory Officer; and
(2) submit to the Committee on Homeland Security and Governmental Affairs of the Senate and the Committee on Homeland Security of the House of Representatives a written notification of the designation.
(Pub. L. 107296, title II, § 210E, formerly § 210F, as added Pub. L. 111258, § 4(a), Oct. 7, 2010, 124 Stat. 2649; renumbered § 210E, Pub. L. 115278, § 2(g)(2)(J), Nov. 16, 2018, 132 Stat. 4178.)
## Notes
Editorial Notes
Prior ProvisionsA prior section 210E of Pub. L. 107296, title II, as added Pub. L. 11053, title X, § 1001(a), Aug. 3, 2007, 121 Stat. 372, was renumbered section 2214 of Pub. L. 107296 by Pub. L. 115278, § 2(g)(2)(G), Nov. 16, 2018, 132 Stat. 4178, and transferred to section 664 of this title.
Statutory Notes and Related Subsidiaries
FindingsPub. L. 111258, § 2, Oct. 7, 2010, 124 Stat. 2648, provided that: “Congress finds the following: “(1) The National Commission on Terrorist Attacks Upon the United States (commonly known as the 9/11 Commission) concluded that security requirements nurture over-classification and excessive compartmentation of information among agencies. “(2) The 9/11 Commission and others have observed that the over-classification of information interferes with accurate, actionable, and timely information sharing, increases the cost of information security, and needlessly limits stakeholder and public access to information. “(3) Over-classification of information causes considerable confusion regarding what information may be shared with whom, and negatively affects the dissemination of information within the Federal Government and with State, local, and tribal entities, and with the private sector. “(4) Over-classification of information is antithetical to the creation and operation of the information sharing environment established under section 1016 of the Intelligence Reform and Terrorism Prevention Act of 2004 (6 U.S.C. 485). “(5) Federal departments or agencies authorized to make original classification decisions or that perform derivative classification of information are responsible for developing, implementing, and administering policies, procedures, and programs that promote compliance with applicable laws, executive orders, and other authorities pertaining to the proper use of classification markings and the policies of the National Archives and Records Administration.”
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# 6 U.S.C. § 124n1 - Penalties
## Text
(a) Definition In this section, the term “unmanned aircraft” has the meaning given the term in section 44801 of title 49.
(b) Omitted
(c) Increased penalties for operation of unmanned aircraft to facilitate felony offense If a person who is convicted of a felony offense (other than an offense based solely on the operation of an unmanned aircraft) knowingly operated an unmanned aircraft during, in relation to, or in furtherance of such offense, the maximum imprisonment otherwise provided by law for that offense shall be doubled or increased by 5 years, whichever is less.
(d) Increased penalties for use of unmanned aircraft to introduce contraband into prisons If a defendant who is convicted under section 1791 of title 18 knowingly used an unmanned aircraft to provide a prohibited object to an inmate of a prison, the maximum imprisonment otherwise provided by law for that offense shall be increased by 5 years.
(e) Directive to United States Sentencing Commission: enhanced sentencing range for use of unmanned aircraft (1) In general To carry out the purposes of this section, during the Sentencing Commissions amendment cycle in progress at the time this Act is enacted, the Commission shall, under section 994 of title 28—
(A) promulgate guidelines, or amendments to guidelines, that substantially increase the sentencing range for all offenses involving the use of an unmanned aircraft; and
(B) as necessary, promulgate policy statements, or amendments to policy statements to assist in the application of this section.
(2) Enhanced penalties In any case in which the enhanced penalties of subsection (c) apply, the guidelines and amendments issued under paragraph (1) shall call for an increase of at least 6 levels in the base offense level and in all other cases, the base offense level shall be increased by at least 4 levels.
(f) Penalties for unauthorized counter-UAS actions Any entity or individual authorized to take such actions to mitigate the threat posed by an unmanned aircraft system or unmanned aircraft pursuant to section 124n of this title who knowingly engages in such actions without Federal coordination as required by those statutes, shall be subject to—
(1) a civil fine up to $100,000 per violation; or
(2) suspension of counter-UAS authority pending review by the Attorney General or Secretary of Homeland Security.
(g) Civil enforcement The Attorney General is authorized to bring a civil action in a United States district court to collect fines and enforce civil penalties imposed under this section.
(h) Effective date This section and the amendments made by this section shall take effect 30 days after December 18, 2025.
(Pub. L. 11960, div. H, title LXXXVI, § 8605, Dec. 18, 2025, 139 Stat. 1943.)
## Notes
Codification Section was enacted as part of the SAFER SKIES Act, and also as part of the National Defense Authorization Act for Fiscal Year 2026, and not as part of the Homeland Security Act of 2002 which comprises this chapter. Section is comprised of section 8605 of Pub. L. 11960. Subsec. (b) of section 8605 of Pub. L. 11960 amended section 46307 of Title 49, Transportation. Subsec. (e) of section 8605 of Pub. L. 11960 is also listed in a table relating to sentencing guidelines set out under section 994 of Title 28, Judiciary and Judicial Procedure.
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# 6 U.S.C. § 124n - Protection of certain facilities and assets from unmanned aircraft
## Text
(a) Authorities (1) Authority of the Department of Homeland Security and Department of Justice Notwithstanding section 46502 of title 49 or sections 32, 1030, 1367 and chapters 119 and 206 of title 18, the Secretary and the Attorney General may, for their respective Departments, take and may authorize personnel to take such actions as are described in subsection (b)(1) that are necessary to enforce the law, protect the public, or to mitigate a credible threat that an unmanned aircraft system or unmanned aircraft poses to the safety or security of a covered facility or asset.
(2) Authority of State, local, Tribal, and territorial law enforcement and correctional agencies Notwithstanding section 46502 of title 49 or sections 32, 1030, 1367 and chapters 119 and 206 of title 18, notwithstanding the laws of any particular State, local, Tribal, or territorial jurisdiction, and after completing the training detailed in subsection (d)(2), any State, local, Tribal, or territorial law enforcement or correctional agency may, subject to subsection (d)(2), take, and authorize personnel with assigned duties that include the security or protection of people, facilities, or assets, to take such actions as are described in subsection (b)(1) that are necessary to mitigate a credible threat that an unmanned aircraft system or unmanned aircraft poses to the safety or security of people, facilities, and assets, a venue or set of venues used for large-scale public gatherings or events, critical infrastructure, or correctional facilities.
(b) Actions described (1) In general The actions authorized in subsection (a) are the following:
(A) During the operation of the unmanned aircraft system, detect, identify, monitor, and track the unmanned aircraft system or unmanned aircraft, without prior consent, including by means of intercept or other access of a wire communication, an oral communication, or an electronic communication used to control the unmanned aircraft system or unmanned aircraft.
(B) Warn the operator of the unmanned aircraft system or unmanned aircraft, including by passive or active, and direct or indirect physical, electronic, radio, electromagnetic means, and through the use of remote identification broadcast or other means.
(C) Disrupt control of the unmanned aircraft system or unmanned aircraft, without prior consent, including by disabling the unmanned aircraft system or unmanned aircraft by intercepting, interfering, or causing interference with wire, oral, electronic, or radio communications used to control the unmanned aircraft system or unmanned aircraft.
(D) Seize or exercise control of the unmanned aircraft system or unmanned aircraft.
(E) Seize or otherwise confiscate the unmanned aircraft system or unmanned aircraft.
(F) Use reasonable force, if necessary, to disable, damage, or destroy the unmanned aircraft system or unmanned aircraft.
(2) Required coordination The Secretary and the Attorney General shall develop for their respective Departments the actions described in paragraph (1) in coordination with the Secretary of Transportation.
(3) Research, testing, training, and evaluation The Secretary and the Attorney General shall conduct research, testing, training on, and evaluation of any equipment, including any electronic equipment, to determine its capability and utility prior to the use of any such technology for any action described in subsection (b)(1).
(4) Coordination The Secretary and the Attorney General shall coordinate with the Administrator of the Federal Aviation Administration when any action authorized by this section might affect aviation safety, civilian aviation and aerospace operations, aircraft airworthiness, or the use of the airspace.
(c) Forfeiture (1) Federal agencies Any unmanned aircraft system or unmanned aircraft described in subsection (a) that is seized by the Secretary or the Attorney General pursuant to subsection (a)(1) is subject to forfeiture to the United States.
(2) Other agencies Any unmanned aircraft system or unmanned aircraft described in subsection (a) that is seized by a State, local, Tribal, or territorial law enforcement or correctional agency pursuant to subsection (a)(2) is subject to forfeiture under the laws of the agencys jurisdiction.
(d) Regulations and guidance (1) In general The Secretary, the Attorney General, and the Secretary of Transportation may prescribe regulations and shall issue guidance in the respective areas of each Secretary, the Attorney General, or any State, local, Tribal, or territorial law enforcement or correctional agency to carry out this section.
(2) State, local, Tribal, and territorial law enforcement training and certification (A) Training and certification required (i) In general Only State, local, Tribal, or territorial law enforcement and correctional officers who have been trained and certified by the Attorney General, or the Attorney Generals designee, in coordination with the Secretary of Homeland Security through a national schoolhouse which will serve as the sole certifying authority for State, local, Tribal, territorial, and correctional officers in the use of the authority granted under subsection (a)(2), may exercise authorities in subsection (b)(1)(C), (D), and (F).
(ii) Training and certification procedures The Attorney General, in coordination with the Secretary of Homeland Security, the Secretary of Defense, and the Secretary of Transportation, shall, not later than 180 days after December 18, 2025, develop training and certification procedures for the use of the authority described in subsection (a)(2) that State, local, Tribal, and territorial law enforcement and correctional officers shall be required to satisfy before taking any actions described in subsection (b)(1).
(iii) Technologies Technologies used by State, local, Tribal, and territorial law enforcement or correctional agencies to take actions described in subsection (b)(1) shall be limited to systems or technologies that are included on a list of authorized technologies maintained jointly by the Department of Justice, the Department of Homeland Security, the Department of Defense, the Department of Transportation, the Federal Communications Commission, and the National Telecommunications and Information Administration.
(B) Oversight The Attorney General, in coordination with the Secretary of Homeland Security and the Administrator of the Federal Aviation Administration, shall oversee compliance with the requirements set forth in subsection (e) with respect to the use of the authority granted under subsection (a)(2) by each State, local, Tribal, and territorial law enforcement agency that has been certified pursuant to the training and certification requirements described in subparagraph (A).
(C) State, local, Tribal, and territorial law enforcement and correctional agencies mitigation notification requirement (i) In general Any State, local, Tribal, or territorial law enforcement or correctional agency exercising authority under subsection (a)(2) shall, within 48 hours of taking any mitigation action described in subsection (b)(1), submit a notification to the Attorney General and the Secretary of Homeland Security containing—
(I) the date, time, and geographic location of the mitigation action;
(II) a brief description of the credible threat or safety concern necessitating such action;
(III) the type of mitigation capability employed; and
(IV) any known operational effects, including the seizure, disabling, or destruction of an unmanned aircraft system or unmanned aircraft.
(ii) Report mechanism The Attorney General and the Secretary of Homeland Security shall establish a streamlined and secure submission mechanism to support the notification requirement under clause (i).
(D) Reports Not later than 1 year after December 18, 2025, and biannually thereafter, the Attorney General, in coordination with the Secretary of Homeland Security and the Secretary of Transportation, shall submit to the appropriate congressional committees an unclassified report with a classified annex on activities carried out by State, local, Tribal, and territorial law and correctional enforcement agencies exercising the authority granted under subsection (a)(2) and subject to the training and certification requirements described in subparagraph (A), including—
(i) a description of the training and certification procedures developed and implemented pursuant to subparagraph (A)(ii);
(ii) a list of State, local, Tribal, and territorial law enforcement and correctional agencies that applied for and were certified to exercise the authorities granted by subsection (a)(2);
(iii) a list of currently authorized technologies pursuant to subparagraph (A)(iii);
(iv) the frequency, location, and circumstances of State, local, Tribal, territorial, and correctional officers mitigation deployments and types of mitigation employed;
(v) a list of any aviation security or safety incidents that occurred due to State, local, Tribal, territorial, and correctional officers deployment of counter-UAS technologies;
(vi) recommendations for improving State, local, Tribal, and territorial law and correctional agencies counter-UAS training, oversight, compliance, and execution and the compliance audits required by section 8606(b)(2) of the SAFER SKIES Act; and
(vii) a determination on if State, local, Tribal, and territorial law and correctional agencies are able to fully protect critical infrastructure from the drone threat and if not, recommendations on how to expand counter-UAS authorities to critical infrastructure owners.
(3) Coordination (A) Coordination with Department of Transportation The Secretary and the Attorney General shall coordinate the development of their respective guidance under paragraph (1) with the Secretary of Transportation.
(B) Effect on aviation safety The Secretary and the Attorney General shall respectively coordinate with the Secretary of Transportation and the Administrator of the Federal Aviation Administration before issuing any guidance, or otherwise implementing this section, if such guidance or implementation might affect aviation safety, civilian aviation and aerospace operations, aircraft airworthiness, or the use of airspace.
(e) Privacy protection The regulations or guidance issued to carry out actions authorized under subsection (b) by each Secretary, the Attorney General, or any State, local, Tribal, or territorial law enforcement or correctional agency, as the case may be, shall ensure that—
(1) the interception or acquisition of, or access to, or maintenance or use of, communications to or from an unmanned aircraft system under this section is conducted in a manner consistent with the First and Fourth Amendments to the Constitution of the United States and applicable provisions of Federal law;
(2) communications to or from an unmanned aircraft system are intercepted or acquired only to the extent necessary to support an action described in subsection (b)(1);
(3) records of such communications are maintained only for as long as necessary, and in no event for more than 180 days, unless the Secretary of Homeland Security, the Attorney General, or any State, local, Tribal, or territorial law enforcement or correctional agency determine 11 So in original. Probably should be “determines”. that maintenance of such records is necessary to investigate or prosecute a violation of law, directly support an ongoing security operation, is required under Federal, State, local, Tribal, or territorial law (as applicable), or for the purpose of any litigation;
(4) such communications are not disclosed outside the Department of Homeland Security 22 So in original. Probably should be followed by a comma. the Department of Justice, or the State, local, Tribal, or territorial law enforcement or correctional agency unless the disclosure—
(A) is necessary to investigate or prosecute a violation of law;
(B) would support the Department of Defense, a Federal law enforcement agency, or the enforcement activities of a regulatory agency of the Federal Government in connection with a criminal or civil investigation of, or any regulatory, statutory, or other enforcement action relating to an action described in subsection (b)(1);
(C) is between the Department of Homeland Security and the Department of Justice in the course of a security or protection operation of either agency or a joint operation of such agencies; or
(D) is otherwise required by law; and
(5) to the extent necessary, the Department of Homeland Security and the Department of Justice are authorized to share threat information, which shall not include communications other than those of an aeronautical communications system, as allowed for in section 2511(2)(g)(ii)(IV) of title 18 or information readily available to the public referred to in subsection (b), with State, local, territorial, or Tribal law enforcement agencies in the course of a security or protection operation.
(f) Budget The Secretary and the Attorney General shall submit to Congress, as a part of the homeland security or justice budget materials for each fiscal year after fiscal year 2019, a consolidated funding display that identifies the funding source for the actions described in subsection (b)(1) within the Department of Homeland Security or the Department of Justice. The funding display shall be in unclassified form, but may contain a classified annex.
(g) Semiannual briefings and notifications (1) In general On a semiannual basis during the period beginning 6 months after October 5, 2018, and ending on the date specified in subsection (i), the Secretary and the Attorney General shall, respectively, provide a briefing to the appropriate congressional committees on the activities carried out pursuant to this section.
(2) Requirement Each briefing required under paragraph (1) shall be conducted jointly with the Secretary of Transportation.
(3) Content Each briefing required under paragraph (1) shall include—
(A) policies, programs, and procedures to mitigate or eliminate impacts of such activities to the National Airspace System;
(B) a description of instances in which actions described in subsection (b)(1) have been taken, including all such instances that may have resulted in harm, damage, or loss to a person or to private property;
(C) a description of the guidance, policies, or procedures established to address privacy, civil rights, and civil liberties issues implicated by the actions allowed under this section, as well as any changes or subsequent efforts that would significantly affect privacy, civil rights or civil liberties;
(D) a description of options considered and steps taken to mitigate any identified impacts to the national airspace system related to the use of any system or technology, including the minimization of the use of any technology that disrupts the transmission of radio or electronic signals, for carrying out the actions described in subsection (b)(1);
(E) a description of instances in which communications intercepted or acquired during the course of operations of an unmanned aircraft system were held for more than 180 days or shared outside of the Department of Justice or the Department of Homeland Security;
(F) how the Secretary, the Attorney General, and the Secretary of Transportation have informed the public as to the possible use of authorities under this section; 33 So in original. Probably should be followed by “and”.
(G) how the Secretary, the Attorney General, and the Secretary of Transportation have engaged with Federal, State, Tribal, territorial, and local law enforcement agencies to implement and use such authorities, including those exercised under subsection (a)(2).
(4) Unclassified form Each briefing required under paragraph (1) shall be in unclassified form, but may be accompanied by an additional classified briefing.
(5) Notification Within 30 days of deploying any new technology to carry out the actions described in subsection (b)(1), the Secretary and the Attorney General shall, respectively, submit a notification to the appropriate congressional committees. Such notification shall include a description of options considered to mitigate any identified impacts to the national airspace system related to the use of any system or technology, including the minimization of the use of any technology that disrupts the transmission of radio or electronic signals, for carrying out the actions described in subsection (b)(1).
(h) Rule of construction Nothing in this section may be construed to—
(1) vest in the Secretary or the Attorney General any authority of the Secretary of Transportation or the Administrator of the Federal Aviation Administration;
(2) vest in the Secretary of Transportation or the Administrator of the Federal Aviation Administration any authority of the Secretary or the Attorney General;
(3) vest in the Secretary of Homeland Security any authority of the Attorney General;
(4) vest in the Attorney General any authority of the Secretary of Homeland Security; or
(5) provide a new basis of liability for any State, local, territorial, or tribal law enforcement officers who participate in the protection of a mass gathering identified by the Secretary or Attorney General under subsection (k)(3)(C)(iii)(II), act within the scope of their authority, and do not exercise the authority granted to the Secretary and Attorney General by this section.
(i) Applicability of other laws to activities related to the mitigation of threats from unmanned aircraft systems or unmanned aircraft Sections 32, 1030, and 1367 and chapters 119 and 206 of title 18 and section 46502 of title 49 may not be construed to apply to activities of the Coast Guard, whether under this section or any other provision of law, that—
(1) are conducted outside the United States; and
(2) are related to the mitigation of threats from unmanned aircraft systems or unmanned aircraft.
(j) Terminations (1) Counter-UAS authority The authority to carry out this section with respect to a covered facility or asset, protecting the public, and enforcing the law shall terminate on September 30, 2031.
(2) State, local, tribal, and territorial law enforcement and correctional agencies Authority of State, local, tribal, and territorial law enforcement and correctional agencies under subsection (a)(2) shall terminate on December 31, 2031.
(k) Scope of authority Nothing in this section shall be construed to provide the Secretary or the Attorney General with additional authorities beyond those described in subsections (a) and (k)(3)(C)(iii).
(l) Definitions In this section:
(1) The term “appropriate congressional committees” means—
(A) the Committee on Homeland Security and Governmental Affairs, the Committee on Commerce, Science, and Transportation, and the Committee on the Judiciary of the Senate; and
(B) the Committee on Homeland Security, the Committee on Transportation and Infrastructure, the Committee on Energy and Commerce, and the Committee on the Judiciary of the House of Representatives.
(2) The term “budget”, with respect to a fiscal year, means the budget for that fiscal year that is submitted to Congress by the President under section 1105(a) of title 31.
(3) The term “covered facility or asset” means any facility or asset that—
(A) is identified as high-risk and a potential target for unlawful unmanned aircraft activity by the Secretary or the Attorney General, in coordination with the Secretary of Transportation with respect to potentially impacted airspace, through a risk-based assessment for purposes of this section (except that in the case of the missions described in subparagraph (C)(i)(II) and (C)(iii)(I), such missions shall be presumed to be for the protection of a facility or asset that is assessed to be high-risk and a potential target for unlawful unmanned aircraft activity);
(B) is located in the United States (including the territories and possessions, territorial seas or navigable waters of the United States); and
(C) directly relates to a Federal law enforcement, correctional, and homeland security agency mission necessary to enforce the law, protect the public or to one or more—
(i) missions authorized to be performed by the Department of Homeland Security, consistent with governing statutes, regulations, and orders issued by the Secretary, pertaining to—
(I) security or protection functions of the U.S. Customs and Border Protection, including securing or protecting facilities, aircraft, and vessels, whether moored or underway;
(II) United States Secret Service protection operations pursuant to sections 3056(a) and 3056A(a) of title 18 and the Presidential Protection Assistance Act of 1976 (18 U.S.C. 3056 note); or
(III) protection of facilities pursuant to section 1315(a) of title 40;
(ii) missions authorized to be performed by the Department of Justice, consistent with governing statutes, regulations, and orders issued by the Attorney General, pertaining to—
(I) personal protection operations by—
(aa) the Federal Bureau of Investigation as specified in section 533 of title 28; and
(bb) the United States Marshals Service of Federal jurists, court officers, witnesses, and other threatened persons in the interests of justice, as specified in section 566(e)(1)(A) of title 28;
(II) protection of penal, detention, and correctional facilities and operations conducted by the Federal Bureau of Prisons; or
(III) protection of the buildings and grounds leased, owned, or operated by or for the Department of Justice, and the provision of security for Federal courts, as specified in section 566(a) of title 28;
(iii) missions authorized to be performed by the Department of Homeland Security or the Department of Justice, acting together or separately, consistent with governing statutes, regulations, and orders issued by the Secretary or the Attorney General, respectively, pertaining to—
(I) protection of a National Special Security Event and Special Event Assessment Rating event;
(II) the provision of support to State, local, territorial, or tribal law enforcement, upon request of the chief executive officer of the State or territory, to ensure protection of people and property at mass gatherings, that is limited to a specified timeframe and location, within available resources, and without delegating any authority under this section to State, local, territorial, or tribal law enforcement; or
(III) protection of an active Federal law enforcement investigation, emergency response, or security function, that is limited to a specified timeframe and location; and 44 So in original. Probably should be “or”.
(iv) missions authorized to be performed by the United States Coast Guard, including those described in clause (iii) as directed by the Secretary, and as further set forth in section 104 55 See References in Text note below. of title 14, and consistent with governing statutes, regulations, and orders issued by the Secretary of the Department in which the Coast Guard is operating.
(4) The terms “electronic communication”, “intercept”, “oral communication”, and “wire communication” have the meaning 66 So in original. Probably should be “meanings”. given those terms in section 2510 of title 18.
(5) The term “homeland security or justice budget materials”, with respect to a fiscal year, means the materials submitted to Congress by the Secretary and the Attorney General in support of the budget for that fiscal year.
(6) (A) For purposes of subsection (a)(1), the term “personnel” means officers, employees, contractors, detailed personnel, and deputized personnel who perform Federal law enforcement, correctional, homeland or national security duties.
(B) For purposes of subsection (a)(2), the term “personnel” means officers and employees of State, local, Tribal, and territorial law enforcement and correctional agencies.
(7) The terms “unmanned aircraft” and “unmanned aircraft system” have the meanings given those terms in section 44801,77 So in original. The comma probably should not appear. of title 49.
(8) For purposes of this section, the term “risk-based assessment” includes an evaluation of threat information specific to a covered facility or asset and, with respect to potential impacts on the safety and efficiency of the national airspace system and the needs of law enforcement and national security at each covered facility or asset identified by the Secretary or the Attorney General, respectively, of each of the following factors:
(A) Potential impacts to safety, efficiency, and use of the national airspace system, including potential effects on manned aircraft and unmanned aircraft systems, aviation safety, airport operations, infrastructure, and air navigation services related to the use of any system or technology for carrying out the actions described in subsection (b)(1).
(B) Options for mitigating any identified impacts to the national airspace system related to the use of any system or technology, including minimizing when possible the use of any technology which disrupts the transmission of radio or electronic signals, for carrying out the actions described in subsection (b)(1).
(C) Potential consequences of the impacts of any actions taken under subsection (b)(1) to the national airspace system and infrastructure if not mitigated.
(D) The ability to provide reasonable advance notice to aircraft operators consistent with the safety of the national airspace system and the needs of law enforcement and national security.
(E) The setting and character of any covered facility or asset, including whether it is located in a populated area or near other structures, whether the facility is open to the public, whether the facility is also used for nongovernmental functions, and any potential for interference with wireless communications or for injury or damage to persons or property.
(F) The setting, character, timeframe, and national airspace system impacts of National Special Security Event and Special Event Assessment Rating events.
(G) Potential consequences to national security, public safety, or law enforcement if threats posed by unmanned aircraft systems are not mitigated or defeated.
(9) The term “correctional facility” means any jail, prison, or any other penal or detention facility operated by a State, local, Tribal, or territorial law enforcement agency, or by a private party that is under contract with a State, local, Tribal, or territorial law enforcement agency, and used to house individuals who have been arrested, detained, held, or charged with or convicted of criminal offenses.
(10) The term “critical infrastructure” has the meaning given the term in subsection (e) of section 5195c of title 42.
(m) Department of Homeland Security assessment (1) Report Not later than 1 year after October 5, 2018, the Secretary shall conduct, in coordination with the Attorney General and the Secretary of Transportation, an assessment to the appropriate congressional committees, including—
(A) an evaluation of the threat from unmanned aircraft systems to United States critical infrastructure (as defined in this chapter) and to domestic large hub airports (as defined in section 40102 of title 49);
(B) an evaluation of current Federal and 88 So in original. Probably should be “Federal,”. State, local, territorial, or tribal law enforcement authorities to counter the threat identified in subparagraph (A), and recommendations, if any, for potential changes to existing authorities to allow State, local, territorial, and tribal law enforcement to assist Federal law enforcement to counter the threat where appropriate;
(C) an evaluation of the knowledge of, efficiency of, and effectiveness of current procedures and resources available to owners of critical infrastructure and domestic large hub airports when they believe a threat from unmanned aircraft systems is present and what additional actions, if any, the Department of Homeland Security or the Department of Transportation could implement under existing authorities to assist these entities to counter the threat identified in subparagraph (A);
(D) an assessment of what, if any, additional authorities are needed by each Department and law enforcement to counter the threat identified in subparagraph (A); and
(E) an assessment of what, if any, additional research and development the Department needs to counter the threat identified in subparagraph (A).
(2) Unclassified form The report required under paragraph (1) shall be submitted in unclassified form, but may contain a classified annex.
(n) Reimbursement program Not later than 180 days of after December 18, 2025, the Secretary of Homeland Security and the Attorney General shall provide the appropriate congressional committees with a plan to establish a reimbursement program for Federal agencies providing counter-UAS protection to events that are not organized or operated by the Federal Government.
(Pub. L. 107296, title II, § 210G, as added Pub. L. 115254, div. H, § 1602(a), Oct. 5, 2018, 132 Stat. 3522; amended Pub. L. 11815, div. B, title II, § 2221, Sept. 30, 2023, 137 Stat. 86; Pub. L. 11822, div. B, title III, § 601, Nov. 17, 2023, 137 Stat. 123; Pub. L. 11835, div. B, title III, § 301, Jan. 19, 2024, 138 Stat. 7; Pub. L. 11841, title III, § 301, Mar. 8, 2024, 138 Stat. 24; Pub. L. 11863, title XI, § 1112, May 16, 2024, 138 Stat. 1419; Pub. L. 11883, div. B, title I, § 101, Sept. 26, 2024, 138 Stat. 1534; Pub. L. 118158, div. E, § 5102, Dec. 21, 2024, 138 Stat. 1771; Pub. L. 1194, div. C, § 3102, Mar. 15, 2025, 139 Stat. 46; Pub. L. 11960, div. H, title LXXXVI, § 8602, Dec. 18, 2025, 139 Stat. 1938.)
## Notes
Editorial Notes
References in TextSection 8606(b)(2) of the SAFER SKIES Act, referred to in subsec. (d)(2)(D)(vi), is section 8606(b)(2) of Pub. L. 11960, div. H, title LXXXVI, which is set out in a note below. The Presidential Protection Assistance Act of 1976, referred to in subsec. (l)(3)(C)(i)(II), is Pub. L. 94524, Oct. 17, 1976, 90 Stat. 2475, which enacted and amended provisions set out as notes under section 3056 of Title 18, Crimes and Criminal Procedure. For complete classification of this Act to the Code, see Tables. Section 104 of title 14, referred to in subsec. (l)(3)(C)(iv), was redesignated section 528 of title 14 by Pub. L. 115282, title I, § 105(b), Dec. 4, 2018, 132 Stat. 4200, and references to section 104 of title 14 deemed to refer to such redesignated section, see section 123(b)(1) of Pub. L. 115282, set out as a References to Sections of Title 14 as Redesignated by Pub. L. 115282 note preceding section 101 of Title 14, Coast Guard. This chapter, referred to in subsec. (m)(1)(A), was in the original “this Act”, meaning Pub. L. 107296, Nov. 25, 2002, 116 Stat. 2135, known as the Homeland Security Act of 2002, which is classified principally to this chapter. For complete classification of this Act to the Code, see Short Title note set out under section 101 of this title and Tables.
Amendments2025—Subsec. (a). Pub. L. 11960, § 8602(1), added subsec. (a) and struck out former subsec. (a) which related to the authorities of the Secretary and the Attorney General. Subsec. (b)(1)(B). Pub. L. 11960, § 8602(2), substituted “electromagnetic means, and through the use of remote identification broadcast or other means” for “and electromagnetic means”. Subsec. (c). Pub. L. 11960, § 8602(3), inserted “pursuant to subsection (a)(1)” after “Attorney General”, designated existing provisions as par. (1) and inserted heading, and added par. (2). Subsec. (d)(1). Pub. L. 11960, § 8602(4)(A), substituted “, the Attorney General, or any State, local, Tribal, or territorial law enforcement or correctional agency” for “or the Attorney General”. Subsec. (d)(2), (3). Pub. L. 11960, § 8602(4)(B), (C), added par. (2) and redesignated former par. (2) as (3). Subsec. (e). Pub. L. 11960, § 8602(5)(A), substituted “, the Attorney General, or any State, local, Tribal, or territorial law enforcement or correctional agency” for “or the Attorney General” in introductory provisions. Subsec. (e)(3). Pub. L. 11960, § 8602(5)(B), substituted “, the Attorney General, or any State, local, Tribal, or territorial law enforcement or correctional agency” for “or the Attorney General” and inserted “, State, local, Tribal, or territorial” after “Federal” and “(as applicable)” after “law”. Subsec. (e)(4). Pub. L. 11960, § 8602(5)(C), substituted “the Department of Justice, or the State, local, Tribal, or territorial law enforcement or correctional agency” for “or the Department of Justice” in introductory provisions. Subsec. (e)(5). Pub. L. 11960, § 8602(5)(D), substituted “Tribal” for “tribal” and inserted “other than those of an aeronautical communications system, as allowed for in section 2511(2)(g)(ii)(IV) of title 18 or information readily available to the public” after “which shall not include communications”. Subsec. (g)(3)(G). Pub. L. 11960, § 8602(6), inserted “Tribal, territorial,” after “State,” and “, including those exercised under subsection (a)(2)” after “authorities”. Subsec. (i). Pub. L. 11960, § 8602(8), added subsec. (i) and struck out former subsec. (i). Prior to amendment, text read as follows: “The authority to carry out this section with respect to a covered facility or asset specified in subsection (k)(3) shall terminate on September 30, 2025” Pub. L. 1194 substituted “September 30, 2025” for “March 14, 2025”. Subsec. (j). Pub. L. 11960, § 8602(8), added subsec. (j). Former subsec. (j) redesignated (k). Subsecs. (k), (l). Pub. L. 11960, § 8602(7), redesignated subsecs. (j) and (k) as (k) and (l), respectively. Subsec. (l)(3)(C). Pub. L. 11960, § 8602(9)(A), inserted “a Federal law enforcement, correctional, and homeland security agency mission necessary to enforce the law, protect the public or to” after “directly relates to”. Subsec. (l)(6). Pub. L. 11960, § 8602(9)(B), added par. (6) and struck out former par. (6) which read as follows: “For purposes of subsection (a), the term personnel means officers and employees of the Department of Homeland Security or the Department of Justice.” Subsec. (l)(9), (10). Pub. L. 11960, § 8602(9)(C), added pars. (9) and (10). Subsec. (n). Pub. L. 11960, § 8602(10), added subsec. (n). 2024—Subsec. (i). Pub. L. 118158 substituted “March 14, 2025” for “December 20, 2024”. Pub. L. 11883 substituted “December 20, 2024” for “October 1, 2024”. Pub. L. 11863 substituted “October 1, 2024” for “May 11, 2024”. Pub. L. 11841 substituted “May 11, 2024” for “March 9, 2024”. Pub. L. 11835 substituted “March 9, 2024” for “February 3, 2024”. 2023—Subsec. (i). Pub. L. 11822 substituted “February 3, 2024” for “November 18, 2023”. Pub. L. 11815 substituted “on November 18, 2023” for “on the date that is 4 years after October 5, 2018”.
Statutory Notes and Related Subsidiaries
Termination DatePub. L. 117328, div. F, title V, § 547, Dec. 29, 2022, 136 Stat. 4758, provided that former subsec. (i) of this section would be applied by substituting “September 30, 2023” for “the date that is 4 years after the date of enactment of this section”.
Rulemaking and ImplementationPub. L. 11960, div. H, title LXXXVI, § 8606, Dec. 18, 2025, 139 Stat. 1944, provided that: “(a) Rulemaking Authority.—“(1) In general.—Not later than 180 days after the date of enactment of this Act [Dec. 18, 2025], the Secretary of Homeland Security and the Attorney General, in coordination with the Secretary of Defense and the Secretary of Transportation, shall develop and publish regulations governing counter-UAS authority for SLTT law enforcement agencies and correctional agencies under this title [see Short Title of 2025 Amendment note set out under section 101 of this title] and the amendments made by this title. “(2) Role of faa.—In carrying out the rulemaking in paragraph (1), the Secretary of Homeland Security and the Attorney General shall coordinate with the Administrator of the Federal Aviation Administration on any aspect of the rulemaking that affects aviation safety, civilian aviation and aerospace operations, aircraft airworthiness, or the use of airspace. “(3) Saving clause.—Nothing in this section shall be construed to vest in the Secretary or the Attorney General any authority of the Secretary of Transportation or the Administrator of the Federal Aviation Administration. “(4) Authorized equipment and technology.—The Secretary of Homeland Security, the Attorney General, the Secretary of Defense, in coordination with the Administrator of the Federal Aviation Administration, the Chairman of the Federal Communications Commission, and the Administrator of National Telecommunications and Information Administrator shall authorize equipment and technology to be used for actions in subparagraphs (B), (C), (D), and (F) of section 210G(b)(1) of the Homeland Security Act of 2002 [6 U.S.C. 124n(b)(1)]. “(b) Training and Compliance.—“(1) In general.—The Attorney General, in coordination with the Secretary of Homeland Security, the Secretary of Defense, and the Department of Transportation, shall approve standards for training programs for SLTT law enforcement agencies or correctional agencies for the safe and lawful interception of drones. Such training programs shall include instruction on the legal, operational, and technological aspects of counter-UAS operations. “(2) Compliance audits.—The Attorney General and the Secretary of Homeland Security shall periodically conduct compliance audits to prevent misuse of counter-UAS authority. “(c) Definitions.—In this section:“(1) SLTT law enforcement agency.—The term SLTT law enforcement agency means a State, local, Tribal, or territorial law enforcement agency. “(2) Correctional agency.—The term correctional agency means a Federal, State, local, Tribal, or territorial government body responsible for operating correctional facilities or a private party that is under contract with a State, local, Tribal, or territorial law enforcement agency to operate such facilities. “(3) Correctional facility.—The term correctional facility means any jail, prison, or any other penal or detention facility operated by a State, local, Tribal, or territorial law enforcement agency, or by a private party that is under contract with a State, local, Tribal, or territorial law enforcement agency, and used to house individuals who have been arrested, detained, held, or charged with or convicted of criminal offenses.”
SeverabilityPub. L. 11960, div. H, title LXXXVI, § 8607, Dec. 18, 2025, 139 Stat. 1945, provided that: “If any provision of this title [see Short Title of 2025 Amendment note set out under section 101 of this title], or the application of any provision of this title to any person or circumstance is held invalid, the application of such provision or circumstance and the remainder of this title shall not be affected thereby.”
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# 6 U.S.C. § 125 - Annual report on intelligence activities of the Department of Homeland Security
## Text
(a) In general For each fiscal year and along with the budget materials submitted in support of the budget of the Department of Homeland Security pursuant to section 1105(a) of title 31, the Under Secretary for Intelligence and Analysis of the Department shall submit to the congressional intelligence committees a report for such fiscal year on each intelligence activity of each intelligence component of the Department, as designated by the Under Secretary, that includes the following:
(1) The amount of funding requested for each such intelligence activity.
(2) The number of full-time employees funded to perform each such intelligence activity.
(3) The number of full-time contractor employees (or the equivalent of full-time in the case of part-time contractor employees) funded to perform or in support of each such intelligence activity.
(4) A determination as to whether each such intelligence activity is predominantly in support of national intelligence or departmental missions.
(5) The total number of analysts of the Intelligence Enterprise of the Department that perform—
(A) strategic analysis; or
(B) operational analysis.
(b) Feasibility and advisability report Not later than 120 days after December 19, 2014, the Secretary of Homeland Security, acting through the Under Secretary for Intelligence and Analysis, shall submit to the congressional intelligence committees a report that—
(1) examines the feasibility and advisability of including the budget request for all intelligence activities of each intelligence component of the Department that predominantly support departmental missions, as designated by the Under Secretary for Intelligence and Analysis, in the Homeland Security Intelligence Program; and
(2) includes a plan to enhance the coordination of department-wide intelligence activities to achieve greater efficiencies in the performance of the Department of Homeland Security intelligence functions.
(c) Intelligence component of the Department In this section, the term “intelligence component of the Department” has the meaning given that term in section 101 of this title.
(Pub. L. 113293, title III, § 324, Dec. 19, 2014, 128 Stat. 4004.)
## Notes
Editorial Notes
Codification Section was enacted as part of the Intelligence Authorization Act for Fiscal Year 2015, and not as part of the Homeland Security Act of 2002 which comprises this chapter.
Statutory Notes and Related Subsidiaries
Briefing on Department of Homeland Security Intelligence ActivitiesPub. L. 117263, div. F, title LXVIII, § 6819, Dec. 23, 2022, 136 Stat. 3611, provided that: “(a) Definitions.—In this section:“(1) Appropriate congressional committees.—The term appropriate congressional committees means the following:“(A) The congressional intelligence committees. “(B) The Committee on Homeland Security and Governmental Affairs and the Committee on Appropriations of the Senate. “(C) The Committee on Homeland Security and the Committee on Appropriations of the House of Representatives. “(2) Component of the department of homeland security.—The term component of the Department of Homeland Security means the following components of the Department of Homeland Security:“(A) The Cybersecurity and Infrastructure Security Agency Threat Management Division. “(B) The Federal Emergency Management Agency Protection and National Preparedness, Office of Counterterrorism and Security Preparedness. “(C) The Transportation Security Administration Office of Intelligence and Analysis. “(D) The United States Citizenship and Immigration Services Fraud Detection and National Security Directorate, Field Operations Directorate, and Collateral Duty Intelligence. “(E) The United States Customs and Border Protection Office of Intelligence. “(F) The United States Immigration and Customs Enforcement Homeland Security Investigations, Office of Intelligence, and Special Agent in Charge Intelligence Program. “(3) Intelligence activity.—The term intelligence activity shall be interpreted consistent with how such term is used in section 502 of the National Security Act of 1947 (50 U.S.C. 3092). “(b) Briefing on Intelligence Activities.—Consistent with section 501 of the National Security Act of 1947 (50 U.S.C. 3091), not later than 30 days after the date of the enactment of this Act [Dec. 23, 2022], the Chief Intelligence Officer of the Department of Homeland Security shall provide the appropriate congressional committees a briefing on the intelligence activities of elements of the Department of Homeland Security that are not elements of the intelligence community. Such briefing shall include the following:“(1) A comprehensive description of all intelligence activities conducted during the period beginning on January 1, 2018, and ending on the date of the briefing, by any component of the Department of Homeland Security that conducts intelligence activities. “(2) With respect to each such intelligence activity, a description of the activity, including, at a minimum—“(A) the nature of the activity; “(B) the component undertaking the activity; “(C) the legal authority for such activity; and “(D) the source of funding for such activity. “(3) A description and the quantity of any types of finished intelligence products, or intelligence information reports, produced or contributed to by a component of the Department of Homeland Security that conducts intelligence activities during the period specified in paragraph (1). “(4) An identification of any external or internal guidelines, policies, processes, practices, or programs governing the collection, retention, analysis, or dissemination by such a component of information regarding United States citizens, lawful permanent residents of the United States, or individuals located within the United States. “(c) Form.—The briefing under subsection (b) may be provided in classified form. “(d) Additional Briefings.—Not later than 1 year after the date on which the Chief Intelligence Officer provides the briefing under subsection (b) and not less frequently than once each year thereafter, the Chief Intelligence Officer shall provide the appropriate congressional committees a briefing on any new intelligence activities commenced by any component of the Department of Homeland Security and any that have been terminated.” [For definitions of “congressional intelligence committees” and “intelligence community” as used in section 6819 of Pub. L. 117263, set out above, see section 6002 of Pub. L. 117263, set out as a note under section 3003 of Title 50, War and National Defense.]
Definitions “Congressional intelligence committees” means the Select Committee on Intelligence of the Senate and the Permanent Select Committee on Intelligence of the House of Representatives, see section 2 of Pub. L. 113293, set out as a note under section 3003 of Title 50, War and National Defense.
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# 6 U.S.C. § 126 - Department of Homeland Security data framework
## Text
(a) In general (1) Development The Secretary of Homeland Security shall develop a data framework to integrate existing Department of Homeland Security datasets and systems, as appropriate, for access by authorized personnel in a manner consistent with relevant legal authorities and privacy, civil rights, and civil liberties policies and protections.
(2) Requirements In developing the framework required under paragraph (1), the Secretary of Homeland Security shall ensure, in accordance with all applicable statutory and regulatory requirements, the following information is included:
(A) All information acquired, held, or obtained by an office or component of the Department of Homeland Security that falls within the scope of the information sharing environment, including homeland security information, terrorism information, weapons of mass destruction information, and national intelligence.
(B) Any information or intelligence relevant to priority mission needs and capability requirements of the homeland security enterprise, as determined appropriate by the Secretary.
(b) Data framework access (1) In general The Secretary of Homeland Security shall ensure that the data framework required under this section is accessible to employees of the Department of Homeland Security who the Secretary determines—
(A) have an appropriate security clearance;
(B) are assigned to perform a function that requires access to information in such framework; and
(C) are trained in applicable standards for safeguarding and using such information.
(2) Guidance The Secretary of Homeland Security shall—
(A) issue guidance for Department of Homeland Security employees authorized to access and contribute to the data framework pursuant to paragraph (1); and
(B) ensure that such guidance enforces a duty to share between offices and components of the Department when accessing or contributing to such framework for mission needs.
(3) Efficiency The Secretary of Homeland Security shall promulgate data standards and instruct components of the Department of Homeland Security to make available information through the data framework required under this section in a machine-readable standard format, to the greatest extent practicable.
(c) Exclusion of information The Secretary of Homeland Security may exclude information from the data framework required under this section if the Secretary determines inclusion of such information may—
(1) jeopardize the protection of sources, methods, or activities;
(2) compromise a criminal or national security investigation;
(3) be inconsistent with other Federal laws or regulations; or
(4) be duplicative or not serve an operational purpose if included in such framework.
(d) Safeguards The Secretary of Homeland Security shall incorporate into the data framework required under this section systems capabilities for auditing and ensuring the security of information included in such framework. Such capabilities shall include the following:
(1) Mechanisms for identifying insider threats.
(2) Mechanisms for identifying security risks.
(3) Safeguards for privacy, civil rights, and civil liberties.
(e) Deadline for implementation Not later than 2 years after December 19, 2018, the Secretary of Homeland Security shall ensure the data framework required under this section has the ability to include appropriate information in existence within the Department of Homeland Security to meet the critical mission operations of the Department of Homeland Security.
(f) Notice to Congress (1) Status updates The Secretary of Homeland Security shall submit to the appropriate congressional committees regular updates on the status of the data framework until the framework is fully operational.
(2) Operational notification Not later than 60 days after the date on which the data framework required under this section is fully operational, the Secretary of Homeland Security shall provide notice to the appropriate congressional committees that the data framework is fully operational.
(3) Value added The Secretary of Homeland Security shall annually brief Congress on component use of the data framework required under this section to support operations that disrupt terrorist activities and incidents in the homeland.
(g) Definitions In this section:
(1) Appropriate congressional committee; homeland The terms “appropriate congressional committee” and “homeland” have the meaning given those terms in section 101 of this title.
(2) Homeland security information The term “homeland security information” has the meaning given such term in section 482 of this title.
(3) National intelligence The term “national intelligence” has the meaning given such term in section 3003(5) of title 50.
(4) Terrorism information The term “terrorism information” has the meaning given such term in section 485 of this title.
(Pub. L. 115331, § 2, Dec. 19, 2018, 132 Stat. 4484.)
## Notes
Editorial Notes
Codification Section was enacted as part of the Department of Homeland Security Data Framework Act of 2018, and not as part of the Homeland Security Act of 2002 which comprises this chapter.
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# 6 U.S.C. § 131 to 134 - Transferred
## Notes
Editorial Notes
Codification Section 131, Pub. L. 107296, title II, § 212, Nov. 25, 2002, 116 Stat. 2150; Pub. L. 114113, div. N, title II, § 204, Dec. 18, 2015, 129 Stat. 2961, which related to definitions, was renumbered section 2222 of Pub. L. 107296 by Pub. L. 115278, § 2(g)(2)(H), Nov. 16, 2018, 132 Stat. 4178, and transferred to section 671 of this title. Section 132, Pub. L. 107296, title II, § 213, Nov. 25, 2002, 116 Stat. 2152, which related to designation of critical infrastructure protection program, was renumbered section 2223 of Pub. L. 107296 by Pub. L. 115278, § 2(g)(2)(H), Nov. 16, 2018, 132 Stat. 4178, and transferred to section 672 of this title. Section 133, Pub. L. 107296, title II, § 214, Nov. 25, 2002, 116 Stat. 2152; Pub. L. 108271, § 8(b), July 7, 2004, 118 Stat. 814; Pub. L. 112199, title I, § 111, Nov. 27, 2012, 126 Stat. 1472, which related to protection of voluntarily shared critical infrastructure information, was renumbered section 2224 of Pub. L. 107296 by Pub. L. 115278, § 2(g)(2)(H), Nov. 16, 2018, 132 Stat. 4178, and transferred to section 673 of this title. Section 134, Pub. L. 107296, title II, § 215, Nov. 25, 2002, 116 Stat. 2155, which prohibited the construction of former part B as creating a private right of action for enforcement of any provision of this chapter, was renumbered section 2225 of Pub. L. 107296 by Pub. L. 115278, § 2(g)(2)(H), Nov. 16, 2018, 132 Stat. 4178, and transferred to section 674 of this title.
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# 6 U.S.C. § 141 - Procedures for sharing information
## Text
The Secretary shall establish procedures on the use of information shared under this subchapter that—
(1) limit the redissemination of such information to ensure that it is not used for an unauthorized purpose;
(2) ensure the security and confidentiality of such information;
(3) protect the constitutional and statutory rights of any individuals who are subjects of such information; and
(4) provide data integrity through the timely removal and destruction of obsolete or erroneous names and information.
(Pub. L. 107296, title II, § 221, Nov. 25, 2002, 116 Stat. 2155.)
## Notes
Editorial Notes
References in TextThis subchapter, referred to in text, was in the original “this title”, meaning title II of Pub. L. 107296, Nov. 25, 2002, 116 Stat. 2145, which enacted this subchapter, amended sections 1030, 2511, 2512, 2520, 2701 to 2703, and 3125 of Title 18, Crimes and Criminal Procedure, sections 10102 and 10122 of Title 34, Crime Control and Law Enforcement, and section 401a of Title 50, War and National Defense, and enacted provisions set out as a note under section 101 of this title and listed in a Provisions for Review, Promulgation, or Amendment of Federal Sentencing Guidelines Relating to Specific Offenses table set out under section 994 of Title 28, Judiciary and Judicial Procedure. For complete classification of title II to the Code, see Tables.
@@ -0,0 +1,115 @@
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# 6 U.S.C. § 142 - Privacy officer
## Text
(a) Appointment and responsibilities The Secretary shall appoint a senior official in the Department, who shall report directly to the Secretary, to assume primary responsibility for privacy policy, including—
(1) assuring that the use of technologies sustain, and do not erode, privacy protections relating to the use, collection, and disclosure of personal information;
(2) assuring that personal information contained in Privacy Act systems of records is handled in full compliance with fair information practices as set out in the Privacy Act of 1974 [5 U.S.C. 552a];
(3) evaluating legislative and regulatory proposals involving collection, use, and disclosure of personal information by the Federal Government;
(4) conducting a privacy impact assessment of proposed rules of the Department or that of the Department on the privacy of personal information, including the type of personal information collected and the number of people affected;
(5) coordinating with the Officer for Civil Rights and Civil Liberties to ensure that—
(A) programs, policies, and procedures involving civil rights, civil liberties, and privacy considerations are addressed in an integrated and comprehensive manner; and
(B) Congress receives appropriate reports on such programs, policies, and procedures; and
(6) preparing a report to Congress on an annual basis on activities of the Department that affect privacy, including complaints of privacy violations, implementation of the Privacy Act of 1974 [5 U.S.C. 552a], internal controls, and other matters.
(b) Authority to investigate (1) In general The senior official appointed under subsection (a) may—
(A) have access to all records, reports, audits, reviews, documents, papers, recommendations, and other materials available to the Department that relate to programs and operations with respect to the responsibilities of the senior official under this section;
(B) make such investigations and reports relating to the administration of the programs and operations of the Department as are, in the senior officials judgment, necessary or desirable;
(C) subject to the approval of the Secretary, require by subpoena the production, by any person other than a Federal agency, of all information, documents, reports, answers, records, accounts, papers, and other data and documentary evidence necessary to performance of the responsibilities of the senior official under this section; and
(D) administer to or take from any person an oath, affirmation, or affidavit, whenever necessary to performance of the responsibilities of the senior official under this section.
(2) Enforcement of subpoenas Any subpoena issued under paragraph (1)(C) shall, in the case of contumacy or refusal to obey, be enforceable by order of any appropriate United States district court.
(3) Effect of oaths Any oath, affirmation, or affidavit administered or taken under paragraph (1)(D) by or before an employee of the Privacy Office designated for that purpose by the senior official appointed under subsection (a) shall have the same force and effect as if administered or taken by or before an officer having a seal of office.
(c) Supervision and coordination (1) In general The senior official appointed under subsection (a) shall—
(A) report to, and be under the general supervision of, the Secretary; and
(B) coordinate activities with the Inspector General of the Department in order to avoid duplication of effort.
(2) Coordination with the Inspector General (A) In general Except as provided in subparagraph (B), the senior official appointed under subsection (a) may investigate any matter relating to possible violations or abuse concerning the administration of any program or operation of the Department relevant to the purposes under this section.
(B) Coordination (i) Referral Before initiating any investigation described under subparagraph (A), the senior official shall refer the matter and all related complaints, allegations, and information to the Inspector General of the Department.
(ii) Determinations and notifications by the Inspector General (I) In general Not later than 30 days after the receipt of a matter referred under clause (i), the Inspector General shall—
(aa) make a determination regarding whether the Inspector General intends to initiate an audit or investigation of the matter referred under clause (i); and
(bb) notify the senior official of that determination.
(II) Investigation not initiated If the Inspector General notifies the senior official under subclause (I)(bb) that the Inspector General intended to initiate an audit or investigation, but does not initiate that audit or investigation within 90 days after providing that notification, the Inspector General shall further notify the senior official that an audit or investigation was not initiated. The further notification under this subclause shall be made not later than 3 days after the end of that 90-day period.
(iii) Investigation by senior official The senior official may investigate a matter referred under clause (i) if—
(I) the Inspector General notifies the senior official under clause (ii)(I)(bb) that the Inspector General does not intend to initiate an audit or investigation relating to that matter; or
(II) the Inspector General provides a further notification under clause (ii)(II) relating to that matter.
(iv) Privacy training Any employee of the Office of Inspector General who audits or investigates any matter referred under clause (i) shall be required to receive adequate training on privacy laws, rules, and regulations, to be provided by an entity approved by the Inspector General in consultation with the senior official appointed under subsection (a).
(d) Notification to Congress on removal If the Secretary removes the senior official appointed under subsection (a) or transfers that senior official to another position or location within the Department, the Secretary shall—
(1) promptly submit a written notification of the removal or transfer to Houses of Congress; and
(2) include in any such notification the reasons for the removal or transfer.
(e) Reports by senior official to Congress The senior official appointed under subsection (a) shall—
(1) submit reports directly to the Congress regarding performance of the responsibilities of the senior official under this section, without any prior comment or amendment by the Secretary, Deputy Secretary, or any other officer or employee of the Department or the Office of Management and Budget; and
(2) inform the Committee on Homeland Security and Governmental Affairs of the Senate and the Committee on Homeland Security of the House of Representatives not later than—
(A) 30 days after the Secretary disapproves the senior officials request for a subpoena under subsection (b)(1)(C) or the Secretary substantively modifies the requested subpoena; or
(B) 45 days after the senior officials request for a subpoena under subsection (b)(1)(C), if that subpoena has not either been approved or disapproved by the Secretary.
(Pub. L. 107296, title II, § 222, Nov. 25, 2002, 116 Stat. 2155; Pub. L. 108458, title VIII, § 8305, Dec. 17, 2004, 118 Stat. 3868; Pub. L. 11053, title VIII, § 802, Aug. 3, 2007, 121 Stat. 358.)
## Notes
Editorial Notes
References in TextThe Privacy Act of 1974, referred to in subsec. (a)(2), (6), is Pub. L. 93579, Dec. 31, 1974, 88 Stat. 1896, which enacted section 552a of Title 5, Government Organization and Employees, and provisions set out as notes under section 552a of Title 5. For complete classification of this Act to the Code, see Short Title of 1974 Amendment note set out under section 552a of Title 5 and Tables.
Amendments2007—Pub. L. 11053 designated existing provisions as subsec. (a), inserted heading, and added subsecs. (b) to (e). 2004—Pub. L. 108458, § 8305(1), inserted “, who shall report directly to the Secretary,” after “in the Department” in introductory provisions. Pars. (5), (6). Pub. L. 108458, § 8305(2)(4), added par. (5) and redesignated former par. (5) as (6).
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# 6 U.S.C. § 143 to 145 - Transferred
## Notes
Editorial Notes
Codification Section 143, Pub. L. 107296, title II, § 223, Nov. 25, 2002, 116 Stat. 2156; Pub. L. 11053, title V, § 531(b)(1)(A), Aug. 3, 2007, 121 Stat. 334; Pub. L. 113283, § 2(e)(3)(A), Dec. 18, 2014, 128 Stat. 3086, which related to enhancement of Federal and non-Federal cybersecurity, was renumbered section 2205 of Pub. L. 107296 by Pub. L. 115278, § 2(g)(2)(I), Nov. 16, 2018, 132 Stat. 4178, and transferred to section 655 of this title. Section 144, Pub. L. 107296, title II, § 224, Nov. 25, 2002, 116 Stat. 2156; Pub. L. 11053, title V, § 531(b)(1)(B), Aug. 3, 2007, 121 Stat. 334, which related to NET Guard, was renumbered section 2206 of Pub. L. 107296 by Pub. L. 115278, § 2(g)(2)(I), Nov. 16, 2018, 132 Stat. 4178, and transferred to section 656 of this title. Section 145, Pub. L. 107296, title II, § 225, Nov. 25, 2002, 116 Stat. 2156, which related to Cyber Security Enhancement Act of 2002, was renumbered section 2207 of Pub. L. 107296 by Pub. L. 115278, § 2(g)(2)(I), Nov. 16, 2018, 132 Stat. 4178, and transferred to section 657 of this title.
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# 6 U.S.C. § 146 - Cybersecurity workforce assessment and strategy
## Text
(a) Workforce assessment (1) In general Not later than 180 days after December 18, 2014, and annually thereafter for 3 years, the Secretary shall assess the cybersecurity workforce of the Department.
(2) Contents The assessment required under paragraph (1) shall include, at a minimum—
(A) an assessment of the readiness and capacity of the workforce of the Department to meet its cybersecurity mission;
(B) information on where cybersecurity workforce positions are located within the Department;
(C) information on which cybersecurity workforce positions are—
(i) performed by—
(I) permanent full-time equivalent employees of the Department, including, to the greatest extent practicable, demographic information about such employees;
(II) independent contractors; and
(III) individuals employed by other Federal agencies, including the National Security Agency; or
(ii) vacant; and
(D) information on—
(i) the percentage of individuals within each Cybersecurity Category and Specialty Area who received essential training to perform their jobs; and
(ii) in cases in which such essential training was not received, what challenges, if any, were encountered with respect to the provision of such essential training.
(b) Workforce strategy (1) In general The Secretary shall—
(A) not later than 1 year after December 18, 2014, develop a comprehensive workforce strategy to enhance the readiness, capacity, training, recruitment, and retention of the cybersecurity workforce of the Department; and
(B) maintain and, as necessary, update the comprehensive workforce strategy developed under subparagraph (A).
(2) Contents The comprehensive workforce strategy developed under paragraph (1) shall include a description of—
(A) a multi-phased recruitment plan, including with respect to experienced professionals, members of disadvantaged or underserved communities, the unemployed, and veterans;
(B) a 5-year implementation plan;
(C) a 10-year projection of the cybersecurity workforce needs of the Department;
(D) any obstacle impeding the hiring and development of a cybersecurity workforce in the Department; and
(E) any gap in the existing cybersecurity workforce of the Department and a plan to fill any such gap.
(c) Updates The Secretary submit 11 So in original. to the appropriate congressional committees annual updates on—
(1) the cybersecurity workforce assessment required under subsection (a); and
(2) the progress of the Secretary in carrying out the comprehensive workforce strategy required to be developed under subsection (b).
(Pub. L. 113246, § 3, Dec. 18, 2014, 128 Stat. 2880.)
## Notes
Editorial Notes
Codification Section was enacted as part of the Cybersecurity Workforce Assessment Act, and not as part of the Homeland Security Act of 2002 which comprises this chapter.
Statutory Notes and Related Subsidiaries
Homeland Security Cybersecurity Workforce AssessmentPub. L. 113277, § 4, Dec. 18, 2014, 128 Stat. 3008, provided that: “(a) Short Title.—This section may be cited as the Homeland Security Cybersecurity Workforce Assessment Act. “(b) Definitions.—In this section:“(1) Appropriate congressional committees.—The term appropriate congressional committees means—“(A) the Committee on Homeland Security and Governmental Affairs of the Senate; “(B) the Committee on Homeland Security of the House of Representatives; and “(C) the Committee on House Administration of the House of Representatives. “(2) Cybersecurity work category; data element code; specialty area.—The terms Cybersecurity Work Category, Data Element Code, and Specialty Area have the meanings given such terms in the Office of Personnel Managements Guide to Data Standards. “(3) Department.—The term Department means the Department of Homeland Security. “(4) Director.—The term Director means the Director of the Office of Personnel Management. “(5) Secretary.—The term Secretary means the Secretary of Homeland Security. “(c) National Cybersecurity Workforce Measurement Initiative.—“(1) In general.—The Secretary shall—“(A) identify all cybersecurity workforce positions within the Department; “(B) determine the primary Cybersecurity Work Category and Specialty Area of such positions; and “(C) assign the corresponding Data Element Code, as set forth in the Office of Personnel Managements Guide to Data Standards which is aligned with the National Initiative for Cybersecurity Educations National Cybersecurity Workforce Framework report, in accordance with paragraph (2). “(2) Employment codes.—“(A) Procedures.—Not later than 90 days after the date of the enactment of this Act [Dec. 18, 2014], the Secretary shall establish procedures—“(i) to identify open positions that include cybersecurity functions (as defined in the OPM Guide to Data Standards); and “(ii) to assign the appropriate employment code to each such position, using agreed standards and definitions. “(B) Code assignments.—Not later than 9 months after the date of the enactment of this Act, the Secretary shall assign the appropriate employment code to—“(i) each employee within the Department who carries out cybersecurity functions; and “(ii) each open position within the Department that have been identified as having cybersecurity functions. “(3) Progress report.—Not later than 1 year after the date of the enactment of this Act, the Director shall submit a progress report on the implementation of this subsection to the appropriate congressional committees. “(d) Identification of Cybersecurity Specialty Areas of Critical Need.—“(1) In general.—Beginning not later than 1 year after the date on which the employment codes are assigned to employees pursuant to subsection (c)(2)(B), and annually through 2021, the Secretary, in consultation with the Director, shall—“(A) identify Cybersecurity Work Categories and Specialty Areas of critical need in the Departments cybersecurity workforce; and “(B) submit a report to the Director that—“(i) describes the Cybersecurity Work Categories and Specialty Areas identified under subparagraph (A); and “(ii) substantiates the critical need designations. “(2) Guidance.—The Director shall provide the Secretary with timely guidance for identifying Cybersecurity Work Categories and Specialty Areas of critical need, including—“(A) current Cybersecurity Work Categories and Specialty Areas with acute skill shortages; and “(B) Cybersecurity Work Categories and Specialty Areas with emerging skill shortages. “(3) Cybersecurity critical needs report.—Not later than 18 months after the date of the enactment of this Act, the Secretary, in consultation with the Director, shall—“(A) identify Specialty Areas of critical need for cybersecurity workforce across the Department; and “(B) submit a progress report on the implementation of this subsection to the appropriate congressional committees. “(e) Government Accountability Office Status Reports.—The Comptroller General of the United States shall—“(1) analyze and monitor the implementation of subsections (c) and (d); and “(2) not later than 3 years after the date of the enactment of this Act, submit a report to the appropriate congressional committees that describes the status of such implementation.”
Definitions Pub. L. 113246, § 2, Dec. 18, 2014, 128 Stat. 2880, provided that: “In this Act [enacting this section and provisions set out as a note under section 101 of this title]— “(1) the term Cybersecurity Category means a positions or incumbents primary work function involving cybersecurity, which is further defined by Specialty Area; “(2) the term Department means the Department of Homeland Security; “(3) the term Secretary means the Secretary of Homeland Security; and “(4) the term Specialty Area means any of the common types of cybersecurity work as recognized by the National Initiative for Cybersecurity Educations National Cybersecurity Workforce Framework report.”
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# 6 U.S.C. § 147 to 151 - Transferred
## Notes
Editorial Notes
Codification Section 147, Pub. L. 107296, title II, § 226, as added Pub. L. 113277, § 3(a), Dec. 18, 2014, 128 Stat. 3005, which related to cybersecurity recruitment and retention, was renumbered section 2208 of Pub. L. 107296 by Pub. L. 115278, § 2(g)(2)(I), Nov. 16, 2018, 132 Stat. 4178, and transferred to section 658 of this title. Section 148, Pub. L. 107296, title II, § 227, formerly § 226, as added Pub. L. 113282, § 3(a), Dec. 18, 2014, 128 Stat. 3066; renumbered § 227 and amended Pub. L. 114113, div. N, title II, §§ 203, 223(a)(3), Dec. 18, 2015, 129 Stat. 2957, 2963; Pub. L. 114328, div. A, title XVIII, § 1841(b), Dec. 23, 2016, 130 Stat. 2663, which related to national cybersecurity and communications integration center, was renumbered section 2209 of Pub. L. 107296 by Pub. L. 115278, § 2(g)(2)(I), Nov. 16, 2018, 132 Stat. 4178, and transferred to section 659 of this title. A prior section 227 of Pub. L. 107296, as added by Pub. L. 113282, § 7(a), Dec. 18, 2014, 128 Stat. 3070, was classified to section 149 of this title prior to redesignation by Pub. L. 114113 as section 228(c) of Pub. L. 107296, and was classified to section 149(c) of this title prior to further redesignation by Pub. L. 115278 as section 2210(c) of Pub. L. 107296, which is classified to section 660(c) of this title. Section 149, Pub. L. 107296, title II, § 228, as added and amended Pub. L. 114113, div. N, title II, §§ 205, 223(a)(2), (4), (5), Dec. 18, 2015, 129 Stat. 2961, 2963, 2964, which related to cybersecurity plans, was renumbered section 2210 of Pub. L. 107296 by Pub. L. 115278, § 2(g)(2)(I), Nov. 16, 2018, 132 Stat. 4178, and transferred to section 660 of this title. A prior section 228 of Pub. L. 107296 was renumbered section 229 and was classified to section 150 of this title prior to renumbering as section 2212, which is classified to section 662 of this title. Section 149a, Pub. L. 107296, title II, § 228A, as added Pub. L. 114328, div. A, title XIX, § 1912(a), Dec. 23, 2016, 130 Stat. 2683, which related to cybersecurity strategy, was renumbered section 2211 of Pub. L. 107296 by Pub. L. 115278, § 2(g)(2)(I), Nov. 16, 2018, 132 Stat. 4178, and transferred to section 661 of this title. Section 150, Pub. L. 107296, title II, § 229, formerly § 228, as added Pub. L. 113282, § 7(a), Dec. 18, 2014, 128 Stat. 3070; renumbered § 229, Pub. L. 114113, div. N, title II, § 223(a)(1), Dec. 18, 2015, 129 Stat. 2963, which related to clearances, was renumbered section 2212 of Pub. L. 107296 by Pub. L. 115278, § 2(g)(2)(I), Nov. 16, 2018, 132 Stat. 4178, and transferred to section 662 of this title. Section 151, Pub. L. 107296, title II, § 230, as added Pub. L. 114113, div. N, title II, § 223(a)(6), Dec. 18, 2015, 129 Stat. 2964, which related to Federal intrusion detection and prevention system, was renumbered section 2213 of Pub. L. 107296 by Pub. L. 115278, § 2(g)(2)(I), Nov. 16, 2018, 132 Stat. 4178, and transferred to section 663 of this title.
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# 6 U.S.C. § 161 - Establishment of Office; Director
## Text
(a) Establishment (1) In general There is hereby established within the Department of Justice an Office of Science and Technology (hereinafter in this subchapter referred to as the “Office”).
(2) Authority The Office shall be under the general authority of the Assistant Attorney General, Office of Justice Programs, and shall be established within the National Institute of Justice.
(b) Director The Office shall be headed by a Director, who shall be an individual appointed based on approval by the Office of Personnel Management of the executive qualifications of the individual.
(Pub. L. 107296, title II, § 231, Nov. 25, 2002, 116 Stat. 2159.)
## Notes
Editorial Notes
References in TextThis subchapter, referred to in subsec. (a)(1), was in the original “this title”, meaning title II of Pub. L. 107296, Nov. 25, 2002, 116 Stat. 2145, which enacted this subchapter, amended sections 1030, 2511, 2512, 2520, 2701 to 2703, and 3125 of Title 18, Crimes and Criminal Procedure, sections 10102 and 10122 of Title 34, Crime Control and Law Enforcement, and section 401a of Title 50, War and National Defense, and enacted provisions set out as a note under section 101 of this title and listed in a Provisions for Review, Promulgation, or Amendment of Federal Sentencing Guidelines Relating to Specific Offenses table set out under section 994 of Title 28, Judiciary and Judicial Procedure. For complete classification of title II to the Code, see Tables.
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# 6 U.S.C. § 162 - Mission of Office; duties
## Text
(a) Mission The mission of the Office shall be—
(1) to serve as the national focal point for work on law enforcement technology; and
(2) to carry out programs that, through the provision of equipment, training, and technical assistance, improve the safety and effectiveness of law enforcement technology and improve access to such technology by Federal, State, and local law enforcement agencies.
(b) Duties In carrying out its mission, the Office shall have the following duties:
(1) To provide recommendations and advice to the Attorney General.
(2) To establish and maintain advisory groups (which shall be exempt from the provisions of chapter 10 of title 5) to assess the law enforcement technology needs of Federal, State, and local law enforcement agencies.
(3) To establish and maintain performance standards in accordance with the National Technology Transfer and Advancement Act of 1995 (Public Law 104113) for, and test and evaluate law enforcement technologies that may be used by, Federal, State, and local law enforcement agencies.
(4) To establish and maintain a program to certify, validate, and mark or otherwise recognize law enforcement technology products that conform to standards established and maintained by the Office in accordance with the National Technology Transfer and Advancement Act of 1995 (Public Law 104113). The program may, at the discretion of the Office, allow for suppliers declaration of conformity with such standards.
(5) To work with other entities within the Department of Justice, other Federal agencies, and the executive office of the President to establish a coordinated Federal approach on issues related to law enforcement technology.
(6) To carry out research, development, testing, evaluation, and cost-benefit analyses in fields that would improve the safety, effectiveness, and efficiency of law enforcement technologies used by Federal, State, and local law enforcement agencies, including, but not limited to—
(A) weapons capable of preventing use by unauthorized persons, including personalized guns;
(B) protective apparel;
(C) bullet-resistant and explosion-resistant glass;
(D) monitoring systems and alarm systems capable of providing precise location information;
(E) wire and wireless interoperable communication technologies;
(F) tools and techniques that facilitate investigative and forensic work, including computer forensics;
(G) equipment for particular use in counterterrorism, including devices and technologies to disable terrorist devices;
(H) guides to assist State and local law enforcement agencies;
(I) DNA identification technologies; and
(J) tools and techniques that facilitate investigations of computer crime.
(7) To administer a program of research, development, testing, and demonstration to improve the interoperability of voice and data public safety communications.
(8) To serve on the Technical Support Working Group of the Department of Defense, and on other relevant interagency panels, as requested.
(9) To develop, and disseminate to State and local law enforcement agencies, technical assistance and training materials for law enforcement personnel, including prosecutors.
(10) To operate the regional National Law Enforcement and Corrections Technology Centers and, to the extent necessary, establish additional centers through a competitive process.
(11) To administer a program of acquisition, research, development, and dissemination of advanced investigative analysis and forensic tools to assist State and local law enforcement agencies in combating cybercrime.
(12) To support research fellowships in support of its mission.
(13) To serve as a clearinghouse for information on law enforcement technologies.
(14) To represent the United States and State and local law enforcement agencies, as requested, in international activities concerning law enforcement technology.
(15) To enter into contracts and cooperative agreements and provide grants, which may require in-kind or cash matches from the recipient, as necessary to carry out its mission.
(16) To carry out other duties assigned by the Attorney General to accomplish the mission of the Office.
(c) Competition required Except as otherwise expressly provided by law, all research and development carried out by or through the Office shall be carried out on a competitive basis.
(d) Information from Federal agencies Federal agencies shall, upon request from the Office and in accordance with Federal law, provide the Office with any data, reports, or other information requested, unless compliance with such request is otherwise prohibited by law.
(e) Publications Decisions concerning publications issued by the Office shall rest solely with the Director of the Office.
(f) Transfer of funds The Office may transfer funds to other Federal agencies or provide funding to non-Federal entities through grants, cooperative agreements, or contracts to carry out its duties under this section: Provided, That any such transfer or provision of funding shall be carried out in accordance with section 605 of Public Law 10777.
(g) Annual report The Director of the Office shall include with the budget justification materials submitted to Congress in support of the Department of Justice budget for each fiscal year (as submitted with the budget of the President under section 1105(a) of title 31) a report on the activities of the Office. Each such report shall include the following:
(1) For the period of 5 fiscal years beginning with the fiscal year for which the budget is submitted—
(A) the Directors assessment of the needs of Federal, State, and local law enforcement agencies for assistance with respect to law enforcement technology and other matters consistent with the mission of the Office; and
(B) a strategic plan for meeting such needs of such law enforcement agencies.
(2) For the fiscal year preceding the fiscal year for which such budget is submitted, a description of the activities carried out by the Office and an evaluation of the extent to which those activities successfully meet the needs assessed under paragraph (1)(A) in previous reports.
(Pub. L. 107296, title II, § 232, Nov. 25, 2002, 116 Stat. 2159; Pub. L. 1087, div. L, § 103(1), Feb. 20, 2003, 117 Stat. 529; Pub. L. 117286, § 4(a)(13), Dec. 27, 2022, 136 Stat. 4306.)
## Notes
Editorial Notes
References in TextThe National Technology Transfer and Advancement Act of 1995, referred to in subsec. (b)(3), (4), is Pub. L. 104113, Mar. 7, 1996, 110 Stat. 775, as amended. For complete classification of this Act to the Code, see Short Title of 1996 Amendment note set out under section 3701 of Title 15, Commerce and Trade, and Tables. Section 605 of Public Law 10777, referred to in subsec. (f), is section 605 of Pub. L. 10777, title VI, Nov. 28, 2001, 115 Stat. 798, which is not classified to the Code.
Amendments2022—Subsec. (b)(2). Pub. L. 117286 substituted “chapter 10 of title 5)” for “the Federal Advisory Committee Act (5 U.S.C. App.))”. 2003—Subsec. (f). Pub. L. 1087 inserted before period at end “: Provided, That any such transfer or provision of funding shall be carried out in accordance with section 605 of Public Law 10777”.
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# 6 U.S.C. § 163 - Definition of law enforcement technology
## Text
For the purposes of this subchapter, the term “law enforcement technology” includes investigative and forensic technologies, corrections technologies, and technologies that support the judicial process.
(Pub. L. 107296, title II, § 233, Nov. 25, 2002, 116 Stat. 2161.)
## Notes
Editorial Notes
References in TextThis subchapter, referred to in text, was in the original “this title”, meaning title II of Pub. L. 107296, Nov. 25, 2002, 116 Stat. 2145, which enacted this subchapter, amended sections 1030, 2511, 2512, 2520, 2701 to 2703, and 3125 of Title 18, Crimes and Criminal Procedure, sections 10102 and 10122 of Title 34, Crime Control and Law Enforcement, and section 401a of Title 50, War and National Defense, and enacted provisions set out as a note under section 101 of this title and listed in a Provisions for Review, Promulgation, or Amendment of Federal Sentencing Guidelines Relating to Specific Offenses table set out under section 994 of Title 28, Judiciary and Judicial Procedure. For complete classification of title II to the Code, see Tables.
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# 6 U.S.C. § 164 - Abolishment of Office of Science and Technology of National Institute of Justice; transfer of functions
## Text
(a) Authority to transfer functions The Attorney General may transfer to the Office any other program or activity of the Department of Justice that the Attorney General, in consultation with the Committee on the Judiciary of the Senate and the Committee on the Judiciary of the House of Representatives, determines to be consistent with the mission of the Office.
(b) Transfer of personnel and assets With respect to any function, power, or duty, or any program or activity, that is established in the Office, those employees and assets of the element of the Department of Justice from which the transfer is made that the Attorney General determines are needed to perform that function, power, or duty, or for that program or activity, as the case may be, shall be transferred to the Office: Provided, That any such transfer shall be carried out in accordance with section 605 of Public Law 10777.
(c) Report on implementation Not later than 1 year after November 25, 2002, the Attorney General shall submit to the Committee on the Judiciary of the Senate and the Committee on the Judiciary of the House of Representatives a report on the implementation of this subchapter. The report shall—
(1) provide an accounting of the amounts and sources of funding available to the Office to carry out its mission under existing authorizations and appropriations, and set forth the future funding needs of the Office; and
(2) include such other information and recommendations as the Attorney General considers appropriate.
(Pub. L. 107296, title II, § 234, Nov. 25, 2002, 116 Stat. 2161; Pub. L. 1087, div. L, § 103(2), Feb. 20, 2003, 117 Stat. 529.)
## Notes
Editorial Notes
References in TextSection 605 of Public Law 10777, referred to in subsec. (b), is section 605 of Pub. L. 10777, title VI, Nov. 28, 2001, 115 Stat. 798, which is not classified to the Code. This subchapter, referred to in subsec. (c), was in the original “this title”, meaning title II of Pub. L. 107296, Nov. 25, 2002, 116 Stat. 2145, which enacted this subchapter, amended sections 1030, 2511, 2512, 2520, 2701 to 2703, and 3125 of Title 18, Crimes and Criminal Procedure, sections 10102 and 10122 of Title 34, Crime Control and Law Enforcement, and section 401a of Title 50, War and National Defense, and enacted provisions set out as a note under section 101 of this title and listed in a Provisions for Review, Promulgation, or Amendment of Federal Sentencing Guidelines Relating to Specific Offenses table set out under section 994 of Title 28, Judiciary and Judicial Procedure. For complete classification of title II to the Code, see Tables.
Amendments2003—Subsec. (b). Pub. L. 1087 inserted before period at end “: Provided, That any such transfer shall be carried out in accordance with section 605 of Public Law 10777”.
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# 6 U.S.C. § 165 - National Law Enforcement and Corrections Technology Centers
## Text
(a) In general The Director of the Office shall operate and support National Law Enforcement and Corrections Technology Centers (hereinafter in this section referred to as “Centers”) and, to the extent necessary, establish new centers through a merit-based, competitive process.
(b) Purpose of Centers The purpose of the Centers shall be to—
(1) support research and development of law enforcement technology;
(2) support the transfer and implementation of technology;
(3) assist in the development and dissemination of guidelines and technological standards; and
(4) provide technology assistance, information, and support for law enforcement, corrections, and criminal justice purposes.
(c) Annual meeting Each year, the Director shall convene a meeting of the Centers in order to foster collaboration and communication between Center participants.
(d) Report Not later than 12 months after November 25, 2002, the Director shall transmit to the Congress a report assessing the effectiveness of the existing system of Centers and identify the number of Centers necessary to meet the technology needs of Federal, State, and local law enforcement in the United States.
(Pub. L. 107296, title II, § 235, Nov. 25, 2002, 116 Stat. 2162.)
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# 6 U.S.C. § 181 - Under Secretary for Science and Technology
## Text
There shall be in the Department a Directorate of Science and Technology headed by an Under Secretary for Science and Technology.
(Pub. L. 107296, title III, § 301, Nov. 25, 2002, 116 Stat. 2163.)
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# 6 U.S.C. § 182 - Responsibilities and authorities of the Under Secretary for Science and Technology
## Text
The Secretary, acting through the Under Secretary for Science and Technology, shall have the responsibility for—
(1) advising the Secretary regarding research and development efforts and priorities in support of the Departments missions;
(2) developing, in consultation with other appropriate executive agencies, a national policy and strategic plan for, identifying priorities, goals, objectives and policies for, and coordinating the Federal Governments civilian efforts to identify and develop countermeasures to chemical, biological, and other emerging terrorist threats, including the development of comprehensive, research-based definable goals for such efforts and development of annual measurable objectives and specific targets to accomplish and evaluate the goals for such efforts;
(3) supporting the Under Secretary for Intelligence and Analysis and the Director of the Cybersecurity and Infrastructure Security Agency, by assessing and testing homeland security vulnerabilities and possible threats;
(4) conducting basic and applied research, development, demonstration, testing, and evaluation activities that are relevant to any or all elements of the Department, through both intramural and extramural programs, except that such responsibility does not extend to human health-related research and development activities;
(5) establishing priorities for, directing, funding, and conducting national research, development, test and evaluation, and procurement of technology and systems for—
(A) preventing the importation of chemical, biological, and related weapons and material; and
(B) detecting, preventing, protecting against, and responding to terrorist attacks;
(6) establishing a system for transferring homeland security developments or technologies to Federal, State, local government, and private sector entities;
(7) entering into work agreements, joint sponsorships, contracts, or any other agreements with the Department of Energy regarding the use of the national laboratories or sites and support of the science and technology base at those facilities;
(8) collaborating with the Secretary of Agriculture and the Attorney General as provided in section 8401 of title 7;
(9) collaborating with the Secretary of Health and Human Services and the Attorney General in determining any new biological agents and toxins that shall be listed as “select agents” in Appendix A of part 72 of title 42, Code of Federal Regulations, pursuant to section 262a of title 42;
(10) supporting United States leadership in science and technology;
(11) establishing and administering the primary research and development activities of the Department, including the long-term research and development needs and capabilities for all elements of the Department;
(12) coordinating and integrating all research, development, demonstration, testing, and evaluation activities of the Department;
(13) coordinating with other appropriate executive agencies in developing and carrying out the science and technology agenda of the Department to reduce duplication and identify unmet needs;
(14) developing and overseeing the administration of guidelines for merit review of research and development projects throughout the Department, and for the dissemination of research conducted or sponsored by the Department; and
(15) carrying out, in coordination with the Drug Enforcement Administration, research, development, testing, evaluation, and cost-benefit analyses to improve the safety, effectiveness, and efficiency of equipment and the effectiveness and efficiency of reference libraries for use by Federal, State, local, Tribal, and territorial law enforcement agencies for the accurate detection of drugs, such as fentanyl and xylazine, including—
(A) portable equipment that can detect and identify drugs with minimal or no handling of the sample;
(B) equipment that can separate complex mixtures containing low concentrations of drugs and high concentrations of cutting agents into their component parts to enable signature extraction for field identification and detection; and
(C) technologies that use machine learning or artificial intelligence (as defined in section 9401 of title 15) and other techniques to predict whether the substances in a sample are controlled substance analogues or other new psychoactive substances not yet included in available reference libraries.
(Pub. L. 107296, title III, § 302, Nov. 25, 2002, 116 Stat. 2163; Pub. L. 109347, title V, § 501(b)(2), Oct. 13, 2006, 120 Stat. 1935; Pub. L. 11053, title V, § 531(b)(1)(C), Aug. 3, 2007, 121 Stat. 334; Pub. L. 115278, § 2(g)(3)(A), Nov. 16, 2018, 132 Stat. 4178; Pub. L. 118186, § 2, Dec. 23, 2024, 138 Stat. 2636.)
## Notes
Editorial Notes
Amendments2024—Par. (15). Pub. L. 118186 added par. (15). 2018—Par. (2). Pub. L. 115278, § 2(g)(3)(A)(i), substituted “biological,” for “biological,,”. Par. (3). Pub. L. 115278, § 2(g)(3)(A)(ii), substituted “Director of the Cybersecurity and Infrastructure Security Agency” for “Assistant Secretary for Infrastructure Protection”. Par. (5)(A). Pub. L. 115278, § 2(g)(3)(A)(i), substituted “biological,” for “biological,,”. 2007—Par. (3). Pub. L. 11053 substituted “Under Secretary for Intelligence and Analysis and the Assistant Secretary for Infrastructure Protection” for “Under Secretary for Information Analysis and Infrastructure Protection”. 2006—Pars. (2), (5)(A). Pub. L. 109347 struck out “radiological, nuclear” after “biological,”.
Statutory Notes and Related Subsidiaries
Rule of ConstructionPub. L. 118186, § 4, Dec. 23, 2024, 138 Stat. 2637, provided that: “Nothing in this Act [amending this section and enacting provisions set out as a note below] may be construed to limit the authority of agencies currently managing, overseeing, or otherwise involved in drug equipment and reference libraries.”
RequirementsPub. L. 118186, § 3, Dec. 23, 2024, 138 Stat. 2637, provided that: “In carrying out section 302(15) of the Homeland Security Act of 2002 [6 U.S.C. 182(15)], as added by section 2, the Under Secretary for Science and Technology shall— “(1) follow the recommendations, guidelines, and best practices described in the Artificial Intelligence Risk Management Framework (NIST AI 1001) or any successor document published by the National Institute of Standards and Technology; and “(2) establish the Directorate of Science and Technologys research, development, testing, evaluation, and cost-benefit analysis priorities under such section 302(15) based on the latest available information, including specific drugs identified as threats in—“(A) the latest Homeland Threat Assessment published by the Department of Homeland Security; “(B) the latest State and Territory Report on Enduring and Emerging Threats published by the Drug Enforcement Administration; or “(C) any successor documents.”
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# 6 U.S.C. § 183 - Functions transferred
## Text
In accordance with subchapter XII, there shall be transferred to the Secretary the functions, personnel, assets, and liabilities of the following entities:
(1) The following programs and activities of the Department of Energy, including the functions of the Secretary of Energy relating thereto (but not including programs and activities relating to the strategic nuclear defense posture of the United States):
(A) The chemical and biological national security and supporting programs and activities of the nonproliferation and verification research and development program.
(B) The nuclear smuggling programs and activities within the proliferation detection program of the nonproliferation and verification research and development program. The programs and activities described in this subparagraph may be designated by the President either for transfer to the Department or for joint operation by the Secretary and the Secretary of Energy.
(C) The nuclear assessment program and activities of the assessment, detection, and cooperation program of the international materials protection and cooperation program.
(D) Such life sciences activities of the biological and environmental research program related to microbial pathogens as may be designated by the President for transfer to the Department.
(E) The Environmental Measurements Laboratory.
(F) The advanced scientific computing research program and activities at Lawrence Livermore National Laboratory.
(2) The National Bio-Weapons Defense Analysis Center of the Department of Defense, including the functions of the Secretary of Defense related thereto.
(Pub. L. 107296, title III, § 303, Nov. 25, 2002, 116 Stat. 2164.)
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# 6 U.S.C. § 184 - Conduct of certain public health-related activities
## Text
(a) In general With respect to civilian human health-related research and development activities relating to countermeasures for chemical, biological, radiological, and nuclear and other emerging terrorist threats carried out by the Department of Health and Human Services (including the Public Health Service), the Secretary of Health and Human Services shall set priorities, goals, objectives, and policies and develop a coordinated strategy for such activities in collaboration with the Secretary of Homeland Security to ensure consistency with the national policy and strategic plan developed pursuant to section 182(2) of this title.
(b) Evaluation of progress In carrying out subsection (a), the Secretary of Health and Human Services shall collaborate with the Secretary in developing specific benchmarks and outcome measurements for evaluating progress toward achieving the priorities and goals described in such subsection.
(Pub. L. 107296, title III, § 304, Nov. 25, 2002, 116 Stat. 2165.)
## Notes
Editorial Notes
Codification Section is comprised of section 304 of Pub. L. 107296. Subsec. (c) of section 304 of Pub. L. 107296 amended section 233 of Title 42, The Public Health and Welfare.
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# 6 U.S.C. § 185 - Federally funded research and development centers
## Text
The Secretary, acting through the Under Secretary for Science and Technology, shall have the authority to establish or contract with 1 or more federally funded research and development centers to provide independent analysis of homeland security issues, or to carry out other responsibilities under this chapter, including coordinating and integrating both the extramural and intramural programs described in section 188 of this title.
(Pub. L. 107296, title III, § 305, Nov. 25, 2002, 116 Stat. 2168.)
## Notes
Editorial Notes
References in TextThis chapter, referred to in text, was in the original “this Act”, meaning Pub. L. 107296, Nov. 25, 2002, 116 Stat. 2135, known as the Homeland Security Act of 2002, which is classified principally to this chapter. For complete classification of this Act to the Code, see Short Title note set out under section 101 of this title and Tables.
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# 6 U.S.C. § 186 - Miscellaneous provisions
## Text
(a) Classification To the greatest extent practicable, research conducted or supported by the Department shall be unclassified.
(b) Construction Nothing in this subchapter shall be construed to preclude any Under Secretary of the Department from carrying out research, development, demonstration, or deployment activities, as long as such activities are coordinated through the Under Secretary for Science and Technology.
(c) Regulations The Secretary, acting through the Under Secretary for Science and Technology, may issue necessary regulations with respect to research, development, demonstration, testing, and evaluation activities of the Department, including the conducting, funding, and reviewing of such activities.
(d) Notification of Presidential life sciences designations Not later than 60 days before effecting any transfer of Department of Energy life sciences activities pursuant to section 183(1)(D) of this title, the President shall notify the appropriate congressional committees of the proposed transfer and shall include the reasons for the transfer and a description of the effect of the transfer on the activities of the Department of Energy.
(Pub. L. 107296, title III, § 306, Nov. 25, 2002, 116 Stat. 2168.)
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# 6 U.S.C. § 187 - Homeland Security Advanced Research Projects Agency
## Text
(a) Definitions In this section:
(1) Fund The term “Fund” means the Acceleration Fund for Research and Development of Homeland Security Technologies established in subsection (c).
(2) Homeland security research The term “homeland security research” means research relevant to the detection of, prevention of, protection against, response to, attribution of, and recovery from homeland security threats, particularly acts of terrorism.
(3) HSARPA The term “HSARPA” means the Homeland Security Advanced Research Projects Agency established in subsection (b).
(4) Under Secretary The term “Under Secretary” means the Under Secretary for Science and Technology.
(b) Homeland Security Advanced Research Projects Agency (1) Establishment There is established the Homeland Security Advanced Research Projects Agency.
(2) Director HSARPA shall be headed by a Director, who shall be appointed by the Secretary. The Director shall report to the Under Secretary.
(3) Responsibilities The Director shall administer the Fund to award competitive, merit-reviewed grants, cooperative agreements or contracts to public or private entities, including businesses, federally funded research and development centers, and universities. The Director shall administer the Fund to—
(A) support basic and applied homeland security research to promote revolutionary changes in technologies that would promote homeland security;
(B) advance the development, testing and evaluation, and deployment of critical homeland security technologies;
(C) accelerate the prototyping and deployment of technologies that would address homeland security vulnerabilities; and
(D) conduct research and development for the purpose of advancing technology for the investigation of child exploitation crimes, including child victim identification, trafficking in persons, and child pornography, and for advanced forensics.
(4) Targeted competitions The Director may solicit proposals to address specific vulnerabilities identified by the Director.
(5) Coordination The Director shall ensure that the activities of HSARPA are coordinated with those of other relevant research agencies, and may run projects jointly with other agencies.
(6) Personnel In hiring personnel for HSARPA, the Secretary shall have the hiring and management authorities described in section 1101 11 See References in Text note below. of the Strom Thurmond National Defense Authorization Act for Fiscal Year 1999 (5 U.S.C. 3104 note; Public Law 105261). The term of appointments for employees under subsection (c)(1) of that section may not exceed 5 years before the granting of any extension under subsection (c)(2) of that section.
(7) Demonstrations The Director, periodically, shall hold homeland security technology demonstrations to improve contact among technology developers, vendors and acquisition personnel.
(c) Fund (1) Establishment There is established the Acceleration Fund for Research and Development of Homeland Security Technologies, which shall be administered by the Director of HSARPA.
(2) Authorization of appropriations There are authorized to be appropriated $500,000,000 to the Fund for fiscal year 2003 and such sums as may be necessary thereafter.
(3) Coast Guard Of the funds authorized to be appropriated under paragraph (2), not less than 10 percent of such funds for each fiscal year through fiscal year 2005 shall be authorized only for the Under Secretary, through joint agreement with the Commandant of the Coast Guard, to carry out research and development of improved ports, waterways and coastal security surveillance and perimeter protection capabilities for the purpose of minimizing the possibility that Coast Guard cutters, aircraft, helicopters, and personnel will be diverted from non-homeland security missions to the ports, waterways and coastal security mission.
(Pub. L. 107296, title III, § 307, Nov. 25, 2002, 116 Stat. 2168; Pub. L. 11422, title III, § 302(c), formerly § 302(d), May 29, 2015, 129 Stat. 255; renumbered § 302(d), Pub. L. 115392, § 23(c)(2), Dec. 21, 2018, 132 Stat. 5264.)
## Notes
Editorial Notes
References in TextSection 1101 of the Strom Thurmond National Defense Authorization Act for Fiscal Year 1999, referred to in subsec. (b)(6), is section 1101 of Pub. L. 105261, which was formerly set out as a note under section 3104 of Title 5, Government Organization and Employees, prior to repeal by Pub. L. 114328, div. A, title XI, § 1121(b), Dec. 23, 2016, 130 Stat. 2452. See section 4092 of Title 10, Armed Forces.
Amendments2015—Subsec. (b)(3)(D). Pub. L. 11422 added subpar. (D).
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# 6 U.S.C. § 188 - Conduct of research, development, demonstration, testing and evaluation
## Text
(a) In general The Secretary, acting through the Under Secretary for Science and Technology, shall carry out the responsibilities under section 182(4) of this title through both extramural and intramural programs.
(b) Extramural programs (1) In general The Secretary, acting through the Under Secretary for Science and Technology, shall operate extramural research, development, demonstration, testing, and evaluation programs so as to—
(A) ensure that colleges, universities, private research institutes, and companies (and consortia thereof) from as many areas of the United States as practicable participate;
(B) ensure that the research funded is of high quality, as determined through merit review processes developed under section 182(14) of this title; and
(C) distribute funds through grants, cooperative agreements, and contracts.
(2) University-based centers for homeland security (A) Designation The Secretary, acting through the Under Secretary for Science and Technology, shall designate a university-based center or several university-based centers for homeland security. The purpose of the center or these centers shall be to establish a coordinated, university-based system to enhance the Nations homeland security.
(B) Criteria for designation Criteria for the designation of colleges or universities as a center for homeland security, shall include, but are not limited to, demonstrated expertise in—
(i) The training of first responders.
(ii) Responding to incidents involving weapons of mass destruction and biological warfare.
(iii) Emergency and diagnostic medical services.
(iv) Chemical, biological, radiological, and nuclear countermeasures or detection.
(v) Animal and plant health and diagnostics.
(vi) Food safety.
(vii) Water and wastewater operations.
(viii) Port and waterway security.
(ix) Multi-modal transportation.
(x) Information security and information engineering.
(xi) Engineering.
(xii) Educational outreach and technical assistance.
(xiii) Border transportation and security.
(xiv) The public policy implications and public dissemination of homeland security related research and development.
(C) Discretion of Secretary To the extent that exercising such discretion is in the interest of homeland security, and with respect to the designation of any given university-based center for homeland security, the Secretary may except certain criteria as specified in subparagraph (B) and consider additional criteria beyond those specified in subparagraph (B). Upon designation of a university-based center for homeland security, the Secretary shall that day publish in the Federal Register the criteria that were excepted or added in the selection process and the justification for the set of criteria that were used for that designation.
(D) Report to Congress The Secretary shall report annually, from the date of enactment, to Congress concerning the implementation of this section. That report shall indicate which center or centers have been designated and how the designation or designations enhance homeland security, as well as report any decisions to revoke or modify such designations.
(E) Authorization of appropriations There are authorized to be appropriated such sums as may be necessary to carry out this paragraph.
(c) Intramural programs (1) Consultation In carrying out the duties under section 182 of this title, the Secretary, acting through the Under Secretary for Science and Technology, may draw upon the expertise of any laboratory of the Federal Government, whether operated by a contractor or the Government.
(2) Laboratories The Secretary, acting through the Under Secretary for Science and Technology, may establish a headquarters laboratory for the Department at any laboratory or site and may establish additional laboratory units at other laboratories or sites.
(3) Criteria for headquarters laboratory If the Secretary chooses to establish a headquarters laboratory pursuant to paragraph (2), then the Secretary shall do the following:
(A) Establish criteria for the selection of the headquarters laboratory in consultation with the National Academy of Sciences, appropriate Federal agencies, and other experts.
(B) Publish the criteria in the Federal Register.
(C) Evaluate all appropriate laboratories or sites against the criteria.
(D) Select a laboratory or site on the basis of the criteria.
(E) Report to the appropriate congressional committees on which laboratory was selected, how the selected laboratory meets the published criteria, and what duties the headquarters laboratory shall perform.
(4) Limitation on operation of laboratories No laboratory shall begin operating as the headquarters laboratory of the Department until at least 30 days after the transmittal of the report required by paragraph (3)(E).
(d) Preference for United States industry (1) Definitions In this subsection:
(A) Country of concern The term “country of concern” means a country that—
(i) is a covered nation, as such term is defined in section 4872(d) of title 10; or
(ii) the Secretary determines is engaged in conduct that is detrimental to the national security of the United States.
(B) Nonprofit organization; small business firm; subject invention The terms “nonprofit organization”, “small business firm”, and “subject invention” have the meanings given such terms in section 201 of title 35.
(C) Manufactured substantially in the United States The term “manufactured substantially in the United States” means an item is a domestic end product.
(D) Domestic end product The term “domestic end product” has the meaning given such term in section 25.003 of title 48, Code of Federal Regulations, or any successor thereto.
(3) 11 So in original. There is no par. (2). Waivers (A) In general Subject to subparagraph (B), in individual cases, the requirements under section 204 of title 35 may be waived by the Secretary upon a showing by the small business firm, nonprofit organization, or assignee that reasonable but unsuccessful efforts have been made to grant licenses on similar terms to potential licensees that would be likely to manufacture substantially in the United States or that under the circumstances domestic manufacture is not commercially feasible.
(B) Conditions on waivers granted by Department (i) Before grant of waiver Before granting a waiver under subparagraph (A), the Secretary shall comply with the procedures developed and implemented by the Department pursuant to section 70923(b)(2) of the Build America, Buy America Act (enacted as subtitle A of title IX of division G of Public Law 11758).
(ii) Prohibition on granting certain waivers The Secretary may not grant a waiver under subparagraph (A) if, as a result of such waiver, products embodying the applicable subject invention, or produced through the use of the applicable subject invention, would be manufactured substantially in a country of concern.
(Pub. L. 107296, title III, § 308, Nov. 25, 2002, 116 Stat. 2170; Pub. L. 1087, div. L, § 101(1), Feb. 20, 2003, 117 Stat. 526; Pub. L. 117263, div. G, title LXXI, § 7114, Dec. 23, 2022, 136 Stat. 3633.)
## Notes
Editorial Notes
References in TextThe date of enactment, referred to in subsec. (b)(2)(D), probably means the date of enactment of this section by Pub. L. 107296, which was approved Nov. 25, 2002. Section 70923(b)(2) of the Build America, Buy America Act, referred to in subsec. (d)(3)(B)(i), is section 70923(b)(2) of Pub. L. 11758, div. G, title IX, Nov. 15, 2021, 135 Stat. 1306, which is not classified to the Code.
Amendments2022—Subsec. (d). Pub. L. 117263 added subsec. (d). 2003—Subsecs. (a) to (c)(1). Pub. L. 1087 added subsecs. (a) to (c)(1) and struck out former subsecs. (a) to (c)(1) which related to the responsibilities of the Secretary, acting through the Under Secretary for Science and Technology, to carry out the responsibilities under section 182(4) of this title through both extramural and intramural programs, to operate extramural research, development, demonstration, testing, and evaluation programs, to establish a coordinated, university-based system to enhance the Nations homeland security, and to draw upon the expertise of any laboratory of the Federal Government.
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# 6 U.S.C. § 190 - Transfer of Plum Island Animal Disease Center, Department of Agriculture
## Text
(a) In general In accordance with subchapter XII, the Secretary of Agriculture shall transfer to the Secretary of Homeland Security the Plum Island Animal Disease Center of the Department of Agriculture, including the assets and liabilities of the Center.
(b) Continued Department of Agriculture access On completion of the transfer of the Plum Island Animal Disease Center under subsection (a), the Secretary of Homeland Security and the Secretary of Agriculture shall enter into an agreement to ensure that the Department of Agriculture is able to carry out research, diagnostic, and other activities of the Department of Agriculture at the Center.
(c) Direction of activities The Secretary of Agriculture shall continue to direct the research, diagnostic, and other activities of the Department of Agriculture at the Center described in subsection (b).
(d) Notification (1) In general At least 180 days before any change in the biosafety level at the Plum Island Animal Disease Center, the President shall notify Congress of the change and describe the reasons for the change.
(2) Limitation No change described in paragraph (1) may be made earlier than 180 days after the completion of the transition period (as defined in section 541 of this title).
(Pub. L. 107296, title III, § 310, Nov. 25, 2002, 116 Stat. 2174.)
## Notes
Statutory Notes and Related Subsidiaries
Transfer of National Bio and Agro-Defense FacilityPub. L. 117328, div. A, title VII, § 775, Dec. 29, 2022, 136 Stat. 4509, provided that: “In this or any subsequent fiscal year, the Secretary of Homeland Security shall transfer to the Secretary of Agriculture the operation of and all property required to operate the National Bio- and Agro-Defense Facility in Manhattan, Kansas: Provided, That, such transfer of function shall include the transfer of up to 40 full time equivalent positions, to be completed within 120 days of the effective date of the transfer of function, as jointly determined by the Secretaries.” Similar provisions were contained in the following prior acts: Pub. L. 117103, div. A, title VII, § 730, Mar. 15, 2022, 136 Stat. 92. Pub. L. 11694, div. B, title VII, § 766, Dec. 20, 2019, 133 Stat. 2655.
Disposition of Plum Island Property and Transportation AssetsPub. L. 116260, div. FF, title V, § 501(c), Dec. 27, 2020, 134 Stat. 3136, provided that: “The Administrator of General Services shall ensure that— “(1) Federal property commonly known as Plum Island, New York, including the Orient point [probably should be “Point”] facility, all real and personal property and transportation assets that support Plum Island operations and access to Plum Island, be disposed of as a single consolidated asset; and “(2) such disposal is subject to conditions as may be necessary to protect Government interests and meet program requirements.” Pub. L. 11274, div. D, title V, § 538, Dec. 23, 2011, 125 Stat. 976, which related to disposition of property and transporation assets if the National Bio and Agro-Defense Facility were relocated from Plum Island, New York, was repealed by Pub. L. 116260, div. FF, title V, § 501(b), Dec. 27, 2020, 134 Stat. 3136.
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# 6 U.S.C. § 191 - Homeland Security Science and Technology Advisory Committee
## Text
(a) Establishment There is established within the Department a Homeland Security Science and Technology Advisory Committee (in this section referred to as the “Advisory Committee”). The Advisory Committee shall make recommendations with respect to the activities of the Under Secretary for Science and Technology, including identifying research areas of potential importance to the security of the Nation.
(b) Membership (1) Appointment The Advisory Committee shall consist of 20 members appointed by the Under Secretary for Science and Technology, which shall include emergency first-responders or representatives of organizations or associations of emergency first-responders. The Advisory Committee shall also include representatives of citizen groups, including economically disadvantaged communities. The individuals appointed as members of the Advisory Committee—
(A) shall be eminent in fields such as emergency response, research, engineering, new product development, business, and management consulting;
(B) shall be selected solely on the basis of established records of distinguished service;
(C) shall not be employees of the Federal Government; and
(D) shall be so selected as to provide representation of a cross-section of the research, development, demonstration, and deployment activities supported by the Under Secretary for Science and Technology.
(2) National Research Council The Under Secretary for Science and Technology may enter into an arrangement for the National Research Council to select members of the Advisory Committee, but only if the panel used by the National Research Council reflects the representation described in paragraph (1).
(c) Terms of office (1) In general Except as otherwise provided in this subsection, the term of office of each member of the Advisory Committee shall be 3 years.
(2) Original appointments The original members of the Advisory Committee shall be appointed to three classes. One class of six shall have a term of 1 year, one class of seven a term of 2 years, and one class of seven a term of 3 years.
(3) Vacancies A member appointed to fill a vacancy occurring before the expiration of the term for which the members predecessor was appointed shall be appointed for the remainder of such term.
(d) Eligibility A person who has completed two consecutive full terms of service on the Advisory Committee shall thereafter be ineligible for appointment during the 1-year period following the expiration of the second such term.
(e) Meetings The Advisory Committee shall meet at least quarterly at the call of the Chair or whenever one-third of the members so request in writing. Each member shall be given appropriate notice of the call of each meeting, whenever possible not less than 15 days before the meeting.
(f) Quorum A majority of the members of the Advisory Committee not having a conflict of interest in the matter being considered by the Advisory Committee shall constitute a quorum.
(g) Conflict of interest rules The Advisory Committee shall establish rules for determining when 1 of its members has a conflict of interest in a matter being considered by the Advisory Committee.
(h) Reports (1) Annual report The Advisory Committee shall render an annual report to the Under Secretary for Science and Technology for transmittal to Congress on or before January 31 of each year. Such report shall describe the activities and recommendations of the Advisory Committee during the previous year.
(2) Additional reports The Advisory Committee may render to the Under Secretary for transmittal to Congress such additional reports on specific policy matters as it considers appropriate.
(i) Exemption from chapter 10 of title 5 Section 1013 of title 5 shall not apply to the Advisory Committee.
(j) Termination The Department of Homeland Security Science and Technology Advisory Committee shall terminate on December 31, 2008.
(Pub. L. 107296, title III, § 311, Nov. 25, 2002, 116 Stat. 2174; Pub. L. 108334, title V, § 520, Oct. 18, 2004, 118 Stat. 1318; Pub. L. 109347, title III, § 302(a), Oct. 13, 2006, 120 Stat. 1920; Pub. L. 117286, § 4(a)(14), Dec. 27, 2022, 136 Stat. 4306.)
## Notes
Editorial Notes
Amendments2022—Subsec. (i). Pub. L. 117286 substituted “Exemption from chapter 10 of title 5” for “Federal Advisory Committee Act exemption” in heading and “Section 1013 of title 5” for “Section 14 of the Federal Advisory Committee Act” in text. 2006—Subsec. (j). Pub. L. 109347 substituted “on December 31, 2008” for “3 years after the effective date of this chapter”. 2004—Subsec. (c)(2). Pub. L. 108334 amended heading and text of par. (2) generally. Prior to amendment, text read as follows: “The original members of the Advisory Committee shall be appointed to three classes of three members each. One class shall have a term of 1 year, 1 a term of 2 years, and the other a term of 3 years.”
Statutory Notes and Related Subsidiaries
Effective Date of 2006 AmendmentPub. L. 109347, title III, § 302(b), Oct. 13, 2006, 120 Stat. 1921, provided that: “The amendment made by subsection (a) [amending this section] shall be effective as if enacted on the date of the enactment of the Homeland Security Act of 2002 (6 U.S.C. 101 et seq.) [Nov. 25, 2002].”
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# 6 U.S.C. § 192 - Homeland Security Institute
## Text
(a) Establishment The Secretary shall establish a federally funded research and development center to be known as the “Homeland Security Institute” (in this section referred to as the “Institute”).
(b) Administration The Institute shall be administered as a separate entity by the Secretary.
(c) Duties The duties of the Institute shall be determined by the Secretary, and may include the following:
(1) Systems analysis, risk analysis, and simulation and modeling to determine the vulnerabilities of the Nations critical infrastructures and the effectiveness of the systems deployed to reduce those vulnerabilities.
(2) Economic and policy analysis to assess the distributed costs and benefits of alternative approaches to enhancing security.
(3) Evaluation of the effectiveness of measures deployed to enhance the security of institutions, facilities, and infrastructure that may be terrorist targets.
(4) Identification of instances when common standards and protocols could improve the interoperability and effective utilization of tools developed for field operators and first responders.
(5) Assistance for Federal agencies and departments in establishing testbeds to evaluate the effectiveness of technologies under development and to assess the appropriateness of such technologies for deployment.
(6) Design of metrics and use of those metrics to evaluate the effectiveness of homeland security programs throughout the Federal Government, including all national laboratories.
(7) Design of and support for the conduct of homeland security-related exercises and simulations.
(8) Creation of strategic technology development plans to reduce vulnerabilities in the Nations critical infrastructure and key resources.
(d) Consultation on Institute activities In carrying out the duties described in subsection (c), the Institute shall consult widely with representatives from private industry, institutions of higher education, nonprofit institutions, other Government agencies, and federally funded research and development centers.
(e) Use of centers The Institute shall utilize the capabilities of the National Infrastructure Simulation and Analysis Center.
(f) Annual reports The Institute shall transmit to the Secretary and Congress an annual report on the activities of the Institute under this section.
(g) Termination The Homeland Security Institute shall terminate 5 years after its establishment.
(Pub. L. 107296, title III, § 312, Nov. 25, 2002, 116 Stat. 2176; Pub. L. 108334, title V, § 519, Oct. 18, 2004, 118 Stat. 1318.)
## Notes
Editorial Notes
Amendments2004—Subsec. (g). Pub. L. 108334 amended heading and text of subsec. (g) generally. Prior to amendment, text read as follows: “The Homeland Security Institute shall terminate 3 years after the effective date of this chapter.”
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# 6 U.S.C. § 193 - Technology clearinghouse to encourage and support innovative solutions to enhance homeland security
## Text
(a) Establishment of program The Secretary, acting through the Under Secretary for Science and Technology, shall establish and promote a program to encourage technological innovation in facilitating the mission of the Department (as described in section 111 of this title).
(b) Elements of program The program described in subsection (a) shall include the following components:
(1) The establishment of a centralized Federal clearinghouse for information relating to technologies that would further the mission of the Department for dissemination, as appropriate, to Federal, State, and local government and private sector entities for additional review, purchase, or use.
(2) The issuance of announcements seeking unique and innovative technologies to advance the mission of the Department.
(3) The establishment of a technical assistance team to assist in screening, as appropriate, proposals submitted to the Secretary (except as provided in subsection (c)(2)) to assess the feasibility, scientific and technical merits, and estimated cost of such proposals, as appropriate.
(4) The provision of guidance, recommendations, and technical assistance, as appropriate, to assist Federal, State, and local government and private sector efforts to evaluate and implement the use of technologies described in paragraph (1) or (2).
(5) The provision of information for persons seeking guidance on how to pursue proposals to develop or deploy technologies that would enhance homeland security, including information relating to Federal funding, regulation, or acquisition.
(c) Miscellaneous provisions (1) In general Nothing in this section shall be construed as authorizing the Secretary or the technical assistance team established under subsection (b)(3) to set standards for technology to be used by the Department, any other executive agency, any State or local government entity, or any private sector entity.
(2) Certain proposals The technical assistance team established under subsection (b)(3) shall not consider or evaluate proposals submitted in response to a solicitation for offers for a pending procurement or for a specific agency requirement.
(3) Coordination In carrying out this section, the Secretary shall coordinate with the Technical Support Working Group (organized under the April 1982 National Security Decision Directive Numbered 30).
(Pub. L. 107296, title III, § 313, Nov. 25, 2002, 116 Stat. 2176.)
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# 6 U.S.C. § 195 - Office for Interoperability and Compatibility
## Text
(a) Clarification of responsibilities The Director of the Office for Interoperability and Compatibility shall—
(1) assist the Secretary in developing and implementing the science and technology aspects of the program described in subparagraphs (D), (E), (F), and (G) of section 194(a)(1) of this title;
(2) in coordination with the Federal Communications Commission, the National Institute of Standards and Technology, and other Federal departments and agencies with responsibility for standards, support the creation of national voluntary consensus standards for interoperable emergency communications;
(3) establish a comprehensive research, development, testing, and evaluation program for improving interoperable emergency communications;
(4) establish, in coordination with the Director for Emergency Communications,11 See Change of Name note below. requirements for interoperable emergency communications capabilities, which shall be nonproprietary where standards for such capabilities exist, for all public safety radio and data communications systems and equipment purchased using homeland security assistance administered by the Department, excluding any alert and warning device, technology, or system;
(5) carry out the Departments responsibilities and authorities relating to research, development, testing, evaluation, or standards-related elements of the SAFECOM Program;
(6) evaluate and assess new technology in real-world environments to achieve interoperable emergency communications capabilities;
(7) encourage more efficient use of existing resources, including equipment, to achieve interoperable emergency communications capabilities;
(8) test public safety communications systems that are less prone to failure, support new nonvoice services, use spectrum more efficiently, and cost less than existing systems;
(9) coordinate with the private sector to develop solutions to improve emergency communications capabilities and achieve interoperable emergency communications capabilities; and
(10) conduct pilot projects, in coordination with the Director for Emergency Communications,1 to test and demonstrate technologies, including data and video, that enhance—
(A) the ability of emergency response providers and relevant government officials to continue to communicate in the event of natural disasters, acts of terrorism, and other man-made disasters; and
(B) interoperable emergency communications capabilities.
(b) Coordination The Director of the Office for Interoperability and Compatibility shall coordinate with the Director for Emergency Communications 1 with respect to the SAFECOM program.
(c) Sufficiency of resources The Secretary shall provide the Office for Interoperability and Compatibility the resources and staff necessary to carry out the responsibilities under this section.
(Pub. L. 107296, title III, § 314, as added Pub. L. 109295, title VI, § 672(a), Oct. 4, 2006, 120 Stat. 1441.)
## Notes
Statutory Notes and Related Subsidiaries
Change of Name Reference to Director for Emergency Communications deemed to be a reference to Assistant Director for Emergency Communications, see section 2(c)(2) of Pub. L. 115278, set out as a note under section 571 of this title.
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# 6 U.S.C. § 195a - Emergency communications interoperability research and development
## Text
(a) In general The Under Secretary for Science and Technology, acting through the Director of the Office for Interoperability and Compatibility, shall establish a comprehensive research and development program to support and promote—
(1) the ability of emergency response providers and relevant government officials to continue to communicate in the event of natural disasters, acts of terrorism, and other man-made disasters; and
(2) interoperable emergency communications capabilities among emergency response providers and relevant government officials, including by—
(A) supporting research on a competitive basis, including through the Directorate of Science and Technology and Homeland Security Advanced Research Projects Agency; and
(B) considering the establishment of a Center of Excellence under the Department of Homeland Security Centers of Excellence Program focused on improving emergency response providers communication capabilities.
(b) Purposes The purposes of the program established under subsection (a) include—
(1) supporting research, development, testing, and evaluation on emergency communication capabilities;
(2) understanding the strengths and weaknesses of the public safety communications systems in use;
(3) examining how current and emerging technology can make emergency response providers more effective, and how Federal, State, local, and tribal government agencies can use this technology in a coherent and cost-effective manner;
(4) investigating technologies that could lead to long-term advancements in emergency communications capabilities and supporting research on advanced technologies and potential systemic changes to dramatically improve emergency communications; and
(5) evaluating and validating advanced technology concepts, and facilitating the development and deployment of interoperable emergency communication capabilities.
(c) Definitions For purposes of this section, the term “interoperable”, with respect to emergency communications, has the meaning given the term in section 578 of this title.
(Pub. L. 107296, title III, § 315, as added Pub. L. 109295, title VI, § 673(a), Oct. 4, 2006, 120 Stat. 1443.)
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# 6 U.S.C. § 195b - National Biosurveillance Integration Center
## Text
(a) Establishment The Secretary, acting through the Assistant Secretary for the Countering Weapons of Mass Destruction Office, shall establish, operate, and maintain a National Biosurveillance Integration Center (referred to in this section as the “NBIC”), which shall be headed by a Directing Officer, under an office or directorate of the Department that is in existence as of August 3, 2007.
(b) Primary mission The primary mission of the NBIC is to—
(1) enhance the capability of the Federal Government to—
(A) rapidly identify, characterize, localize, and track a biological event of national concern by integrating and analyzing data relating to human health, animal, plant, food, and environmental monitoring systems (both national and international); and
(B) disseminate alerts and other information to Member Agencies and, in coordination with (and where possible through) Member Agencies, to agencies of State, local, and tribal governments, as appropriate, to enhance the ability of such agencies to respond to a biological event of national concern; and
(2) oversee development and operation of the National Biosurveillance Integration System.
(c) Requirements The NBIC shall detect, as early as possible, a biological event of national concern that presents a risk to the United States or the infrastructure or key assets of the United States, including by—
(1) consolidating data from all relevant surveillance systems maintained by Member Agencies to detect biological events of national concern across human, animal, and plant species;
(2) seeking private sources of surveillance, both foreign and domestic, when such sources would enhance coverage of critical surveillance gaps;
(3) using an information technology system that uses the best available statistical and other analytical tools to identify and characterize biological events of national concern in as close to real-time as is practicable;
(4) providing the infrastructure for such integration, including information technology systems and space, and support for personnel from Member Agencies with sufficient expertise to enable analysis and interpretation of data;
(5) working with Member Agencies to create information technology systems that use the minimum amount of patient data necessary and consider patient confidentiality and privacy issues at all stages of development and apprise the Privacy Officer of such efforts; and
(6) alerting Member Agencies and, in coordination with (and where possible through) Member Agencies, public health agencies of State, local, and tribal governments regarding any incident that could develop into a biological event of national concern.
(d) Responsibilities of the Directing Officer of the NBIC (1) In general The Directing Officer of the NBIC shall—
(A) on an ongoing basis, monitor the availability and appropriateness of surveillance systems used by the NBIC and those systems that could enhance biological situational awareness or the overall performance of the NBIC;
(B) on an ongoing basis, review and seek to improve the statistical and other analytical methods used by the NBIC;
(C) receive and consider other relevant homeland security information, as appropriate; and
(D) provide technical assistance, as appropriate, to all Federal, regional, State, local, and tribal government entities and private sector entities that contribute data relevant to the operation of the NBIC.
(2) Assessments The Directing Officer of the NBIC shall—
(A) on an ongoing basis, evaluate available data for evidence of a biological event of national concern; and
(B) integrate homeland security information with NBIC data to provide overall situational awareness and determine whether a biological event of national concern has occurred.
(3) Information sharing (A) In general The Directing Officer of the NBIC shall—
(i) establish a method of real-time communication with the National Operations Center;
(ii) in the event that a biological event of national concern is detected, notify the Secretary and disseminate results of NBIC assessments relating to that biological event of national concern to appropriate Federal response entities and, in coordination with relevant Member Agencies, regional, State, local, and tribal governmental response entities in a timely manner;
(iii) provide any report on NBIC assessments to Member Agencies and, in coordination with relevant Member Agencies, any affected regional, State, local, or tribal government, and any private sector entity considered appropriate that may enhance the mission of such Member Agencies, governments, or entities or the ability of the Nation to respond to biological events of national concern; and
(iv) share NBIC incident or situational awareness reports, and other relevant information, consistent with the information sharing environment established under section 485 of this title and any policies, guidelines, procedures, instructions, or standards established under that section.
(B) Consultation The Directing Officer of the NBIC shall implement the activities described in subparagraph (A) consistent with the policies, guidelines, procedures, instructions, or standards established under section 485 of this title and in consultation with the Director of National Intelligence, the Under Secretary for Intelligence and Analysis, and other offices or agencies of the Federal Government, as appropriate.
(e) Responsibilities of the NBIC member agencies (1) 11 So in original. No par. (2) has been enacted. In general Each Member Agency shall—
(A) use its best efforts to integrate biosurveillance information into the NBIC, with the goal of promoting information sharing between Federal, State, local, and tribal governments to detect biological events of national concern;
(B) provide timely information to assist the NBIC in maintaining biological situational awareness for accurate detection and response purposes;
(C) enable the NBIC to receive and use biosurveillance information from member agencies to carry out its requirements under subsection (c);
(D) connect the biosurveillance data systems of that Member Agency to the NBIC data system under mutually agreed protocols that are consistent with subsection (c)(5);
(E) participate in the formation of strategy and policy for the operation of the NBIC and its information sharing;
(F) provide personnel to the NBIC under an interagency personnel agreement and consider the qualifications of such personnel necessary to provide human, animal, and environmental data analysis and interpretation support to the NBIC; and
(G) retain responsibility for the surveillance and intelligence systems of that department or agency, if applicable.
(f) Administrative authorities (1) Hiring of experts The Directing Officer of the NBIC shall hire individuals with the necessary expertise to develop and operate the NBIC.
(2) Detail of personnel Upon the request of the Directing Officer of the NBIC, the head of any Federal department or agency may detail, on a reimbursable basis, any of the personnel of that department or agency to the Department to assist the NBIC in carrying out this section.
(g) NBIC interagency working group The Directing Officer of the NBIC shall—
(1) establish an interagency working group to facilitate interagency cooperation and to advise the Directing Officer of the NBIC regarding recommendations to enhance the biosurveillance capabilities of the Department; and
(2) invite Member Agencies to serve on that working group.
(h) Relationship to other departments and agencies The authority of the Directing Officer of the NBIC under this section shall not affect any authority or responsibility of any other department or agency of the Federal Government with respect to biosurveillance activities under any program administered by that department or agency.
(i) Authorization of appropriations There are authorized to be appropriated such sums as are necessary to carry out this section.
(j) Definitions In this section:
(1) The terms “biological agent” and “toxin” have the meanings given those terms in section 178 of title 18.
(2) The term “biological event of national concern” means—
(A) an act of terrorism involving a biological agent or toxin; or
(B) a naturally occurring outbreak of an infectious disease that may result in a national epidemic.
(3) The term “homeland security information” has the meaning given that term in section 482 of this title.
(4) The term “Member Agency” means any Federal department or agency that, at the discretion of the head of that department or agency, has entered a memorandum of understanding regarding participation in the NBIC.
(5) The term “Privacy Officer” means the Privacy Officer appointed under section 142 of this title.
(Pub. L. 107296, title III, § 316, as added Pub. L. 11053, title XI, § 1101(a), Aug. 3, 2007, 121 Stat. 375; amended Pub. L. 115387, § 2(f)(2), Dec. 21, 2018, 132 Stat. 5168.)
## Notes
Editorial Notes
Amendments2018—Subsec. (a). Pub. L. 115387 substituted “Secretary, acting through the Assistant Secretary for the Countering Weapons of Mass Destruction Office, shall” for “Secretary shall”.
Statutory Notes and Related Subsidiaries
Deadline for ImplementationPub. L. 11053, title XI, § 1101(c), Aug. 3, 2007, 121 Stat. 378, provided that: “The National Biosurveillance Integration Center under section 316 of the Homeland Security Act [of 2002, 6 U.S.C. 195b], as added by subsection (a), shall be fully operational by not later than September 30, 2008.”
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# 6 U.S.C. § 195c - Promoting antiterrorism through international cooperation program
## Text
(a) Definitions In this section:
(1) Director The term “Director” means the Director selected under subsection (b)(2).
(2) International cooperative activity The term “international cooperative activity” includes—
(A) coordinated research projects, joint research projects, or joint ventures;
(B) joint studies or technical demonstrations;
(C) coordinated field exercises, scientific seminars, conferences, symposia, and workshops;
(D) training of scientists and engineers;
(E) visits and exchanges of scientists, engineers, or other appropriate personnel;
(F) exchanges or sharing of scientific and technological information; and
(G) joint use of laboratory facilities and equipment.
(b) Science and Technology Homeland Security International Cooperative Programs Office (1) Establishment The Under Secretary shall establish the Science and Technology Homeland Security International Cooperative Programs Office.
(2) Director The Office shall be headed by a Director, who—
(A) shall be selected, in consultation with the Assistant Secretary for International Affairs, by and shall report to the Under Secretary; and
(B) may be an officer of the Department serving in another position.
(3) Responsibilities (A) Development of mechanisms The Director shall be responsible for developing, in coordination with the Department of State and, as appropriate, the Department of Defense, the Department of Energy, and other Federal agencies, understandings and agreements to allow and to support international cooperative activity in support of homeland security.
(B) Priorities The Director shall be responsible for developing, in coordination with the Office of International Affairs and other Federal agencies, strategic priorities for international cooperative activity for the Department in support of homeland security.
(C) Activities The Director shall facilitate the planning, development, and implementation of international cooperative activity to address the strategic priorities developed under subparagraph (B) through mechanisms the Under Secretary considers appropriate, including grants, cooperative agreements, or contracts to or with foreign public or private entities, governmental organizations, businesses (including small businesses and socially and economically disadvantaged small businesses (as those terms are defined in sections 632 and 637 of title 15, respectively)), federally funded research and development centers, and universities.
(D) Identification of partners The Director shall facilitate the matching of United States entities engaged in homeland security research with non-United States entities engaged in homeland security research so that they may partner in homeland security research activities.
(4) Coordination The Director shall ensure that the activities under this subsection are coordinated with the Office of International Affairs and the Department of State and, as appropriate, the Department of Defense, the Department of Energy, and other relevant Federal agencies or interagency bodies. The Director may enter into joint activities with other Federal agencies.
(c) Matching funding (1) In general (A) Equitability The Director shall ensure that funding and resources expended in international cooperative activity will be equitably matched by the foreign partner government or other entity through direct funding, funding of complementary activities, or the provision of staff, facilities, material, or equipment.
(B) Grant matching and repayment (i) In general The Secretary may require a recipient of a grant under this section—
(I) to make a matching contribution of not more than 50 percent of the total cost of the proposed project for which the grant is awarded; and
(II) to repay to the Secretary the amount of the grant (or a portion thereof), interest on such amount at an appropriate rate, and such charges for administration of the grant as the Secretary determines appropriate.
(ii) Maximum amount The Secretary may not require that repayment under clause (i)(II) be more than 150 percent of the amount of the grant, adjusted for inflation on the basis of the Consumer Price Index.
(2) Foreign partners Partners may include Israel, the United Kingdom, Canada, Australia, Singapore, and other allies in the global war on terrorism as determined to be appropriate by the Secretary of Homeland Security and the Secretary of State.
(3) Loans of equipment The Director may make or accept loans of equipment for research and development and comparative testing purposes.
(d) Foreign reimbursements If the Science and Technology Homeland Security International Cooperative Programs Office participates in an international cooperative activity with a foreign partner on a cost-sharing basis, any reimbursements or contributions received from that foreign partner to meet its share of the project may be credited to appropriate current appropriations accounts of the Directorate of Science and Technology.
(e) Report to Congress on international cooperative activities Not later than one year after August 3, 2007, and every 5 years thereafter, the Under Secretary, acting through the Director, shall submit to Congress a report containing—
(1) a brief description of each grant, cooperative agreement, or contract made or entered into under subsection (b)(3)(C), including the participants, goals, and amount and sources of funding;
(2) a list of international cooperative activities underway, including the participants, goals, expected duration, and amount and sources of funding, including resources provided to support the activities in lieu of direct funding; and 11 So in original. The word “and” probably should not appear.
(3) for international cooperative activities identified in the previous reporting period, a status update on the progress of such activities, including whether goals were realized, explaining any lessons learned, and evaluating overall success; and
(4) a discussion of obstacles encountered in the course of forming, executing, or implementing agreements for international cooperative activities, including administrative, legal, or diplomatic challenges or resource constraints.
(f) Animal and zoonotic diseases As part of the international cooperative activities authorized in this section, the Under Secretary, in coordination with the Assistant Secretary for the Countering Weapons of Mass Destruction Office, the Department of State, and appropriate officials of the Department of Agriculture, the Department of Defense, and the Department of Health and Human Services, may enter into cooperative activities with foreign countries, including African nations, to strengthen American preparedness against foreign animal and zoonotic diseases overseas that could harm the Nations agricultural and public health sectors if they were to reach the United States.
(g) Cybersecurity As part of the international cooperative activities authorized in this section, the Under Secretary, in coordination with the Department of State and appropriate Federal officials, may enter into cooperative research activities with Israel to strengthen preparedness against cyber threats and enhance capabilities in cybersecurity.
(h) Construction; authorities of the Secretary of State Nothing in this section shall be construed to alter or affect the following provisions of law:
(1) Title V of the Foreign Relations Authorization Act, Fiscal Year 1979 (22 U.S.C. 2656a et seq.).
(2) Section 112b(g) of title 1.
(3) Section 2651a(e)(2) of title 22.
(4) Sections 2752 and 2767 of title 22.
(5) Section 2382(c) of title 22.
(i) Authorization of appropriations There are authorized to be appropriated to carry out this section such sums as are necessary.
(Pub. L. 107296, title III, § 317, as added Pub. L. 11053, title XIX, § 1901(b)(1), Aug. 3, 2007, 121 Stat. 505; amended Pub. L. 114304, § 2(a), Dec. 16, 2016, 130 Stat. 1519; Pub. L. 115387, § 2(f)(3), Dec. 21, 2018, 132 Stat. 5168; Pub. L. 117263, div. E, title LIX, § 5947(a)(3), Dec. 23, 2022, 136 Stat. 3481.)
## Notes
Editorial Notes
References in TextThe Foreign Relations Authorization Act, Fiscal Year 1979, referred to in subsec. (h)(1), is Pub. L. 95426, Oct. 7, 1978, 92 Stat. 963. Title V of the Act is classified generally to sections 2656a to 2656d of Title 22, Foreign Relations and Intercourse. For complete classification of this Act to the Code, see Tables.
Amendments2022—Subsec. (h)(2). Pub. L. 117263 substituted “Section 112b(g)” for “Section 112b(c)”. 2018—Subsec. (f). Pub. L. 115387 substituted “the Assistant Secretary for the Countering Weapons of Mass Destruction Office,” for “the Chief Medical Officer,”. 2016—Subsec. (e)(3), (4). Pub. L. 114304, § 2(a)(1), added pars. (3) and (4). Subsecs. (g) to (i). Pub. L. 114304, § 2(a)(2), (3), added subsec. (g) and redesignated former subsecs. (g) and (h) as (h) and (i), respectively.
Statutory Notes and Related Subsidiaries
Effective Date of 2022 AmendmentAmendment by Pub. L. 117263 effective 270 days after Dec. 23, 2022, see section 5947(c) of Pub. L. 117263, set out as a note under section 112a of Title 1, General Provisions.
FindingsPub. L. 11053, title XIX, § 1901(a), Aug. 3, 2007, 121 Stat. 505, provided that: “Congress finds the following: “(1) The development and implementation of technology is critical to combating terrorism and other high consequence events and implementing a comprehensive homeland security strategy. “(2) The United States and its allies in the global war on terrorism share a common interest in facilitating research, development, testing, and evaluation of equipment, capabilities, technologies, and services that will aid in detecting, preventing, responding to, recovering from, and mitigating against acts of terrorism. “(3) Certain United States allies in the global war on terrorism, including Israel, the United Kingdom, Canada, Australia, and Singapore have extensive experience with, and technological expertise in, homeland security. “(4) The United States and certain of its allies in the global war on terrorism have a history of successful collaboration in developing mutually beneficial equipment, capabilities, technologies, and services in the areas of defense, agriculture, and telecommunications. “(5) The United States and its allies in the global war on terrorism will mutually benefit from the sharing of technological expertise to combat domestic and international terrorism. “(6) The establishment of an office to facilitate and support cooperative endeavors between and among government agencies, for-profit business entities, academic institutions, and nonprofit entities of the United States and its allies will safeguard lives and property worldwide against acts of terrorism and other high consequence events.”
Transparency of FundsPub. L. 11053, title XIX, § 1902, Aug. 3, 2007, 121 Stat. 508, provided that: “For each Federal award (as that term is defined in section 2 of the Federal Funding Accountability and Transparency Act of 2006 [Pub. L. 109282] (31 U.S.C. 6101 note)) under this title [enacting this section and provisions set out as notes under this section] or an amendment made by this title, the Director of the Office of Management and Budget shall ensure full and timely compliance with the requirements of the Federal Funding Accountability and Transparency Act of 2006 (31 U.S.C. 6101 note).”
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# 6 U.S.C. § 195d - Social media working group
## Text
(a) Establishment The Secretary shall establish within the Department a social media working group (in this section referred to as the “Group”).
(b) Purpose In order to enhance the dissemination of information through social media technologies between the Department and appropriate stakeholders and to improve use of social media technologies in support of preparedness, response, and recovery, the Group shall identify, and provide guidance and best practices to the emergency preparedness and response community on, the use of social media technologies before, during, and after a natural disaster or an act of terrorism or other man-made disaster.
(c) Membership (1) In general Membership of the Group shall be composed of a cross section of subject matter experts from Federal, State, local, tribal, territorial, and nongovernmental organization practitioners, including representatives from the following entities:
(A) The Office of Public Affairs of the Department.
(B) The Office of the Chief Information Officer of the Department.
(C) The Privacy Office of the Department.
(D) The Federal Emergency Management Agency.
(E) The Office of Disability Integration and Coordination of the Federal Emergency Management Agency.
(F) The American Red Cross.
(G) The Forest Service.
(H) The Centers for Disease Control and Prevention.
(I) The United States Geological Survey.
(J) The National Oceanic and Atmospheric Administration.
(2) Chairperson; co-chairperson (A) Chairperson The Secretary, or a designee of the Secretary, shall serve as the chairperson of the Group.
(B) Co-chairperson The chairperson shall designate, on a rotating basis, a representative from a State or local government who is a member of the Group to serve as the co-chairperson of the Group.
(3) Additional members The chairperson shall appoint, on a rotating basis, qualified individuals to the Group. The total number of such additional members shall—
(A) be equal to or greater than the total number of regular members under paragraph (1); and
(B) include—
(i) not fewer than 3 representatives from the private sector; and
(ii) representatives from—
(I) State, local, tribal, and territorial entities, including from—
(aa) law enforcement;
(bb) fire services;
(cc) emergency management; and
(dd) public health entities;
(II) universities and academia; and
(III) nonprofit disaster relief organizations.
(4) Term limits The chairperson shall establish term limits for individuals appointed to the Group under paragraph (3).
(d) Consultation with non-members To the extent practicable, the Group shall work with entities in the public and private sectors to carry out subsection (b).
(e) Meetings (1) Initial meeting Not later than 90 days after November 5, 2015, the Group shall hold its initial meeting.
(2) Subsequent meetings After the initial meeting under paragraph (1), the Group shall meet—
(A) at the call of the chairperson; and
(B) not less frequently than twice each year.
(3) Virtual meetings Each meeting of the Group may be held virtually.
(f) Reports During each year in which the Group meets, the Group shall submit to the appropriate congressional committees a report that includes the following:
(1) A review and analysis of current and emerging social media technologies being used to support preparedness and response activities related to natural disasters and acts of terrorism and other man-made disasters.
(2) A review of best practices and lessons learned on the use of social media technologies during the response to natural disasters and acts of terrorism and other man-made disasters that occurred during the period covered by the report at issue.
(3) Recommendations to improve the Departments use of social media technologies for emergency management purposes.
(4) Recommendations to improve public awareness of the type of information disseminated through social media technologies, and how to access such information, during a natural disaster or an act of terrorism or other man-made disaster.
(5) A review of available training for Federal, State, local, tribal, and territorial officials on the use of social media technologies in response to a natural disaster or an act of terrorism or other man-made disaster.
(6) A review of coordination efforts with the private sector to discuss and resolve legal, operational, technical, privacy, and security concerns.
(g) Duration of group (1) In general The Group shall terminate on the date that is 5 years after November 5, 2015, unless the chairperson renews the Group for a successive 5-year period, prior to the date on which the Group would otherwise terminate, by submitting to the Committee on Homeland Security and Governmental Affairs of the Senate and the Committee on Homeland Security of the House of Representatives a certification that the continued existence of the Group is necessary to fulfill the purpose described in subsection (b).
(2) Continued renewal The chairperson may continue to renew the Group for successive 5-year periods by submitting a certification in accordance with paragraph (1) prior to the date on which the Group would otherwise terminate.
(Pub. L. 107296, title III, § 318, as added Pub. L. 11480, § 2(a), Nov. 5, 2015, 129 Stat. 646.)
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# 6 U.S.C. § 195e - Transparency in research and development
## Text
(a) Requirement to list research and development programs (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 such project, including the component of the Department responsible for each such project.
(B) Each task order for a Federally Funded Research and Development 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 Secretary for Science and Technology with respect to transitioned projects pursuant to subsection (c).
(2) Exception for certain completed projects Paragraph (1) shall not apply to a project completed or otherwise terminated before December 23, 2016.
(3) Updates The list required under paragraph (1) shall be updated as frequently as possible, but not less frequently than once per quarter.
(4) Research and development defined For purposes of the list required under paragraph (1), the Secretary shall provide a definition for the term “research and development”.
(b) Requirement to report to Congress on all projects Not later than January 1, 2017, and annually thereafter, the Secretary shall submit to the Committee on Homeland Security of the House of Representatives and the Committee on Homeland Security and Governmental Affairs of the Senate a classified and unclassified report, as applicable, that lists each ongoing classified and unclassified project at the Department, including all appropriate details of each such project.
(c) Indicators of success of 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 demonstrate the uptake of the technology or project among customers or end-users.
(2) Requirement To the fullest extent possible, the tracking of a project required under paragraph (1) shall continue for the three-year period beginning on the date on which such project was transitioned to practice from research and development.
(d) Definitions In this section:
(1) All appropriate details The term “all appropriate details” means, with respect to a research and development project—
(A) the name of such project, including both classified and unclassified names if applicable;
(B) the name of the component of the Department carrying out such project;
(C) an abstract or summary of such project;
(D) funding levels for such project;
(E) project duration or timeline;
(F) the name of each contractor, grantee, or cooperative agreement partner involved in such project;
(G) expected objectives and milestones for such project; and
(H) to the maximum extent practicable, relevant literature and patents that are associated with such project.
(2) Classified The term “classified” means anything containing—
(A) classified national security information as defined in section 6.1 of Executive Order 13526 (50 U.S.C. 3161 note) or any successor order;
(B) Restricted Data or data that was formerly Restricted Data, as defined in section 2014(y) of title 42;
(C) material classified at the Sensitive Compartmented Information (SCI) level, as defined in section 3345 of title 50; 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 “controlled unclassified information” means information described as “Controlled Unclassified Information” under Executive Order 13556 (50 U.S.C. 3501 note) 11 See References in Text note below. 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.
(e) Limitation Nothing in this section overrides or otherwise affects the requirements specified in section 468 of this title.
(Pub. L. 107296, title III, § 319, as added Pub. L. 114328, div. A, title XIX, § 1906(a), Dec. 23, 2016, 130 Stat. 2676.)
## Notes
Editorial Notes
References in TextExecutive Order 13556, referred to in subsec. (d)(3), is set out as a note under section 3501 of Title 44, Public Printing and Documents.
Prior ProvisionsA prior section 319 of Pub. L. 107296 was renumbered section 320 and is classified to section 195f of this title.
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# 6 U.S.C. § 195g - Countering Unmanned Aircraft Systems Coordinator
## Text
(a) Coordinator (1) In general The Secretary shall designate an individual in a Senior Executive Service position (as defined in section 3132 of title 5) of the Department within the Office of Strategy, Policy, and Plans as the Countering Unmanned Aircraft Systems Coordinator (in this section referred to as the “Coordinator”) and provide appropriate staff to carry out the responsibilities of the Coordinator.
(2) Responsibilities The Coordinator shall—
(A) oversee and coordinate with relevant Department offices and components, including the Office of Civil Rights and Civil Liberties and the Privacy Office, on the development of guidance and regulations to counter threats associated with unmanned aircraft systems (in this section referred to as “UAS”) as described in section 124n of this title;
(B) promote research and development of counter UAS technologies in coordination within the Science and Technology Directorate;
(C) coordinate with the relevant components and offices of the Department, including the Office of Intelligence and Analysis, to ensure the sharing of information, guidance, and intelligence relating to countering UAS threats, counter UAS threat assessments, and counter UAS technology, including the retention of UAS and counter UAS incidents within the Department;
(D) serve as the Department liaison, in coordination with relevant components and offices of the Department, to the Department of Defense, Federal, State, local, and Tribal law enforcement entities, and the private sector regarding the activities of the Department relating to countering UAS;
(E) maintain the information required under section 124n(g)(3) of this title; and
(F) carry out other related counter UAS authorities and activities under section 124n of this title, as directed by the Secretary.
(b) Coordination with applicable Federal laws The Coordinator shall, in addition to other assigned duties, coordinate with relevant Department components and offices to ensure testing, evaluation, or deployment of a system used to identify, assess, or defeat a UAS is carried out in accordance with applicable Federal laws.
(c) Coordination with private sector The Coordinator shall, among other assigned duties, working with the Office of Partnership and Engagement and other relevant Department offices and components, or other Federal agencies, as appropriate, serve as the principal Department official responsible for sharing to the private sector information regarding counter UAS technology, particularly information regarding instances in which counter UAS technology may impact lawful private sector services or systems.
(Pub. L. 107296, title III, § 321, as added Pub. L. 116260, div. U, title VII, § 701(b)(1), Dec. 27, 2020, 134 Stat. 2295.)
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# 6 U.S.C. § 195h - National Urban Security Technology Laboratory
## Text
(a) In general The Secretary, acting through the Under Secretary for Science and Technology, shall designate the laboratory described in subsection (b) as an additional laboratory pursuant to the authority under section 188(c)(2) of this title. Such laboratory shall be used to test and evaluate emerging technologies and conduct research and development to assist emergency response providers in preparing for, and protecting against, threats of terrorism.
(b) Laboratory described The laboratory described in this subsection is the laboratory—
(1) known, as of December 27, 2021, as the National Urban Security Technology Laboratory; and
(2) transferred to the Department pursuant to section 183(1)(E) of this title.
(c) Laboratory activities The National Urban Security Technology Laboratory shall—
(1) conduct tests, evaluations, and assessments of current and emerging technologies, including, as appropriate, the cybersecurity of such technologies that can connect to the internet, for emergency response providers;
(2) act as a technical advisor to emergency response providers; and
(3) carry out other such activities as the Secretary determines appropriate.
(d) Rule of construction Nothing in this section may be construed as affecting in any manner the authorities or responsibilities of the Countering Weapons of Mass Destruction Office of the Department.
(Pub. L. 107296, title III, § 322, as added Pub. L. 11781, div. F, title LXIV, § 6406(a), Dec. 27, 2021, 135 Stat. 2402.)
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# 6 U.S.C. § 195i - Chemical Security Analysis Center
## Text
(a) In general The Secretary, acting through the Under Secretary for Science and Technology, shall designate the laboratory described in subsection (b) as an additional laboratory pursuant to the authority under section 188(c)(2) of this title, which shall be used to conduct studies, analyses, and research to assess and address domestic chemical security events.
(b) Laboratory described The laboratory described in this subsection is the laboratory known, as of December 23, 2022, as the Chemical Security Analysis Center.
(c) Laboratory activities Pursuant to the authority under section 182(4) of this title, the Chemical Security Analysis Center shall—
(1) identify and develop approaches and mitigation strategies to domestic chemical security threats, including the development of comprehensive, research-based definable goals relating to such approaches and mitigation strategies;
(2) provide an enduring science-based chemical threat and hazard analysis capability;
(3) provide expertise regarding risk and consequence modeling, chemical sensing and detection, analytical chemistry, acute chemical toxicology, synthetic chemistry and reaction characterization, and nontraditional chemical agents and emerging chemical threats;
(4) staff and operate a technical assistance program that provides operational support and subject matter expertise, design and execute laboratory and field tests, and provide a comprehensive knowledge repository of chemical threat information that is continuously updated with data from scientific, intelligence, operational, and private sector sources;
(5) consult, as appropriate, with the Countering Weapons of Mass Destruction Office of the Department to mitigate, prepare, and respond to threats, hazards, and risks associated with domestic chemical security events; and
(6) carry out such other activities authorized under this section as the Secretary determines appropriate.
(d) Special rule Nothing in this section amends, alters, or affects—
(1) the responsibilities of the Countering Weapons of Mass Destruction Office of the Department; or
(2) the activities or requirements authorized to other entities within the Federal Government, including the activities and requirements of the Environmental Protection Agency under section 7412(r) of title 42, the Toxic Substances Control Act (15 U.S.C. 2601 et seq.), and the Comprehensive Environmental Response, Compensation, and Liability Act of 1980 (commonly referred to as “Superfund”; 42 U.S.C. 9601 et seq.).
(Pub. L. 107296, title III, § 323, as added Pub. L. 117263, div. G, title LXXI, § 7106(a), Dec. 23, 2022, 136 Stat. 3624.)
## Notes
Editorial Notes
References in TextThe Toxic Substances Control Act, referred to in subsec. (d)(2), is Pub. L. 94469, Oct. 11, 1976, 90 Stat. 2003, which is classified generally to chapter 53 (§ 2601 et seq.) of Title 15, Commerce and Trade. For complete classification of this Act to the Code, see Short Title note set out under section 2601 of Title 15 and Tables. The Comprehensive Environmental Response, Compensation, and Liability Act of 1980, referred to in subsec. (d)(2), is Pub. L. 96510, Dec. 11, 1980, 94 Stat. 2767, which is classified principally to chapter 103 (§ 9601 et seq.) of Title 42, The Public Health and Welfare. For complete classification of this Act to the Code, see Short Title note set out under section 9601 of Title 42 and Tables.
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# 6 U.S.C. § 201 - Repealed. Pub. L. 114125, title VIII, § 802(g)(2), Feb. 24, 2016, 130 Stat. 212
## Notes
Section, Pub. L. 107296, title IV, § 401, Nov. 25, 2002, 116 Stat. 2177, established the Directorate of Border and Transportation Security headed by an Under Secretary for Border and Transportation Security.
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# 6 U.S.C. § 202 - Border, maritime, and transportation responsibilities
## Text
The Secretary shall be responsible for the following:
(1) Preventing the entry of terrorists and the instruments of terrorism into the United States.
(2) Securing the borders, territorial waters, ports, terminals, waterways, and air, land, and sea transportation systems of the United States, including managing and coordinating those functions transferred 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 Naturalization (or any officer, employee, or component of the Immigration and Naturalization Service) immediately before the date on which the transfer of functions specified under section 251 of this title takes effect.
(4) Establishing and administering rules, in accordance with section 236 of this title, governing the granting of visas or other forms of permission, including parole, to enter the United States to individuals who are not a citizen or an alien lawfully admitted for permanent residence in the United States.
(5) Establishing national immigration enforcement policies and priorities.
(6) Except as provided in part C of this subchapter, administering the customs laws of the United States.
(7) Conducting the inspection and related administrative functions of the Department of Agriculture transferred to the Secretary of Homeland Security under section 231 of this title.
(8) In carrying out the foregoing responsibilities, ensuring the speedy, orderly, and efficient flow of lawful traffic and commerce.
(Pub. L. 107296, title IV, § 402, Nov. 25, 2002, 116 Stat. 2177; Pub. L. 114125, title VIII, § 802(g)(1)(B)(ii)(II), Feb. 24, 2016, 130 Stat. 211.)
## Notes
Editorial Notes
References in TextPart C of this subchapter, referred to in par. (6), was in the original “subtitle C”, meaning subtitle C (§ 421 et seq.) of title IV of Pub. L. 107296, Nov. 25, 2002, 116 Stat. 2182, which enacted part C (§ 231 et seq.) of this subchapter and amended sections 2279e and 2279f of Title 7, Agriculture, and sections 115, 44901, and 47106 of Title 49, Transportation. For complete classification of subtitle C to the Code, see Tables. The customs laws of the United States, referred to in par. (6), are classified generally to Title 19, Customs Duties.
Amendments2016—Pub. L. 114125 substituted “Border, maritime, and transportation responsibilities” for “Responsibilities” in section catchline and struck out “, acting through the Under Secretary for Border and Transportation Security,” after “The Secretary” in introductory provisions.
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# 6 U.S.C. § 203 - Functions transferred
## Text
In accordance with subchapter XII (relating to transition provisions), there shall be transferred to the Secretary the functions, personnel, assets, and liabilities of—
(1) the United States Customs Service of the Department of the Treasury, including the functions of the Secretary of the Treasury relating thereto;
(2) the Transportation Security Administration of the Department of Transportation, including the functions of the Secretary of Transportation, and of the Under Secretary of Transportation for Security, relating thereto;
(3) the Federal Protective Service of the General Services Administration, including the functions of the Administrator of General Services relating thereto;
(4) the Federal Law Enforcement Training Center of the Department of the Treasury; and
(5) the Office for Domestic Preparedness of the Office of Justice Programs, including the functions of the Attorney General relating thereto.
(Pub. L. 107296, title IV, § 403, Nov. 25, 2002, 116 Stat. 2178.)
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# 6 U.S.C. § 204 - Surface Transportation Security Advisory Committee
## Text
(a) Establishment The Administrator of the Transportation Security Administration (referred to in this section as “Administrator”) shall establish within the Transportation Security Administration the Surface Transportation Security Advisory Committee (referred to in this section as the “Advisory Committee”).
(b) Duties (1) In general The Advisory Committee may advise, consult with, report to, and make recommendations to the Administrator on surface transportation security matters, including the development, refinement, and implementation of policies, programs, initiatives, rulemakings, and security directives pertaining to surface transportation security.
(2) Risk-based security The Advisory Committee shall consider risk-based security approaches in the performance of its duties.
(c) Membership (1) Composition The Advisory Committee shall be composed of—
(A) voting members appointed by the Administrator under paragraph (2); and
(B) nonvoting members, serving in an advisory capacity, who shall be designated by—
(i) the Transportation Security Administration;
(ii) the Department of Transportation;
(iii) the Coast Guard; and
(iv) such other Federal department or agency as the Administrator considers appropriate.
(2) Appointment The Administrator shall appoint voting members from among stakeholders representing each mode of surface transportation, such as passenger rail, freight rail, mass transit, pipelines, highways, over-the-road bus, school bus industry, and trucking, including representatives from—
(A) associations representing such modes of surface transportation;
(B) labor organizations representing such modes of surface transportation;
(C) groups representing the users of such modes of surface transportation, including asset manufacturers, as appropriate;
(D) relevant law enforcement, first responders, and security experts; and
(E) such other groups as the Administrator considers appropriate.
(3) Chairperson The Advisory Committee shall select a chairperson from among its voting members.
(4) Term of office (A) Terms (i) In general The term of each voting member of the Advisory Committee shall be 2 years, but a voting member may continue to serve until the Administrator appoints a successor.
(ii) Reappointment A voting member of the Advisory Committee may be reappointed.
(B) Removal (i) In general The Administrator may review the participation of a member of the Advisory Committee and remove such member for cause at any time.
(ii) Access to information The Administrator may remove any member of the Advisory Committee that the Administrator determines should be restricted from reviewing, discussing, or possessing classified information or sensitive security information.
(5) Prohibition on compensation The members of the Advisory Committee shall not receive any compensation from the Government by reason of their service on the Advisory Committee.
(6) Meetings (A) In general The Administrator shall require the Advisory Committee to meet at least semiannually in person or through web conferencing and may convene additional meetings as necessary.
(B) Public meetings At least 1 of the meetings of the Advisory Committee each year shall be—
(i) announced in the Federal Register;
(ii) announced on a public website; and
(iii) open to the public.
(C) Attendance The Advisory Committee shall maintain a record of the persons present at each meeting.
(D) Minutes (i) In general Unless otherwise prohibited by other Federal law, minutes of the meetings shall be published on the public website under subsection (e)(5).
(ii) Protection of classified and sensitive information The Advisory Committee may redact or summarize, as necessary, minutes of the meetings to protect classified or other sensitive information in accordance with law.
(7) Voting member access to classified and sensitive security information (A) Determinations Not later than 60 days after the date on which a voting member is appointed to the Advisory Committee and before that voting member may be granted any access to classified information or sensitive security information, the Administrator shall determine if the voting member should be restricted from reviewing, discussing, or possessing classified information or sensitive security information.
(B) Access (i) Sensitive security information If a voting member is not restricted from reviewing, discussing, or possessing sensitive security information under subparagraph (A) and voluntarily signs a nondisclosure agreement, the voting member may be granted access to sensitive security information that is relevant to the voting members service on the Advisory Committee.
(ii) Classified information Access to classified materials shall be managed in accordance with Executive Order 13526 of December 29, 2009 (75 Fed. Reg. 707), or any subsequent corresponding Executive order.
(C) Protections (i) Sensitive security information Voting members shall protect sensitive security information in accordance with part 1520 of title 49, Code of Federal Regulations.
(ii) Classified information Voting members shall protect classified information in accordance with the applicable requirements for the particular level of classification.
(8) Joint committee meetings The Advisory Committee may meet with 1 or more of the following advisory committees to discuss multimodal security issues and other security-related issues of common concern:
(A) Aviation Security Advisory Committee established under section 44946 of title 49.
(B) Maritime Security Advisory Committee established under section 70112 of title 46.
(C) Railroad Safety Advisory Committee established by the Federal Railroad Administration.
(9) Subject matter experts The Advisory Committee may request the assistance of subject matter experts with expertise related to the jurisdiction of the Advisory Committee.
(d) Reports (1) Periodic reports The Advisory Committee shall periodically submit reports to the Administrator on matters requested by the Administrator or by a majority of the members of the Advisory Committee.
(2) Annual report (A) Submission The Advisory Committee shall submit to the Administrator and the appropriate congressional committees an annual report that provides information on the activities, findings, and recommendations of the Advisory Committee during the preceding year.
(B) Publication Not later than 6 months after the date that the Administrator receives an annual report under subparagraph (A), the Administrator shall publish a public version of the report, in accordance with section 552a(b) of title 5.
(e) Administration response (1) Consideration The Administrator shall consider the information, advice, and recommendations of the Advisory Committee in formulating policies, programs, initiatives, rulemakings, and security directives pertaining to surface transportation security.
(2) Feedback Not later than 90 days after the date that the Administrator receives a recommendation from the Advisory Committee under subsection (d)(2), the Administrator shall submit to the Advisory Committee written feedback on the recommendation, including—
(A) if the Administrator agrees with the recommendation, a plan describing the actions that the Administrator has taken, will take, or recommends that the head of another Federal department or agency take to implement the recommendation; or
(B) if the Administrator disagrees with the recommendation, a justification for that determination.
(3) Notices Not later than 30 days after the date the Administrator submits feedback under paragraph (2), the Administrator shall—
(A) notify the appropriate congressional committees of the feedback, including the determination under subparagraph (A) or subparagraph (B) of that paragraph, as applicable; and
(B) provide the appropriate congressional committees with a briefing upon request.
(4) Updates Not later than 90 days after the date the Administrator receives a recommendation from the Advisory Committee under subsection (d)(2) that the Administrator agrees with, and quarterly thereafter until the recommendation is fully implemented, the Administrator shall submit a report to the appropriate congressional committees or post on the public website under paragraph (5) an update on the status of the recommendation.
(5) Website The Administrator shall maintain a public website that—
(A) lists the members of the Advisory Committee; and
(B) provides the contact information for the Advisory Committee.
(f) Nonapplicability of FACA The Federal Advisory Committee Act (5 U.S.C. App.) 11 See References in Text note below. shall not apply to the Advisory Committee or any subcommittee established under this section.
(Pub. L. 107296, title IV, § 404, as added Pub. L. 115254, div. K, title I, § 1969(a), Oct. 5, 2018, 132 Stat. 3609.)
## Notes
Editorial Notes
References in TextExecutive Order 13526, referred to in subsec. (c)(7)(B)(ii), is set out as a note under section 3161 of Title 50, War and National Defense. The Federal Advisory Committee Act, referred to in subsec. (f), is Pub. L. 92463, Oct. 6, 1972, 86 Stat. 770, which was set out in the Appendix to Title 5, Government Organization and Employees, and was substantially repealed and restated in chapter 10 (§ 1001 et seq.) of Title 5 by Pub. L. 117286, §§ 3(a), 7, Dec. 27, 2022, 136 Stat. 4197, 4361. For disposition of sections of the Act into chapter 10 of Title 5, see Disposition Table preceding section 101 of Title 5.
Statutory Notes and Related Subsidiaries
Surface Transportation Security Advisory Committee MembersPub. L. 115254, div. K, title I, § 1969(b), Oct. 5, 2018, 132 Stat. 3612, provided that: “(1) Voting members.—Not later than 180 days after the date of enactment of this Act [Oct. 5, 2018], the Administrator [of the Transportation Security Administration] shall appoint the voting members of the Surface Transportation Security Advisory Committee established under section 404 of the Homeland Security Act of 2002 [6 U.S.C. 204], as added by subsection (a) of this section. “(2) Nonvoting members.—Not later than 90 days after the date of enactment of this Act, each Federal Government department and agency with regulatory authority over a mode of surface or maritime transportation, as the Administrator considers appropriate, shall designate an appropriate representative to serve as a nonvoting member of the Surface Transportation Security Advisory Committee.”
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# 6 U.S.C. § 205 - Ombudsman for immigration detention
## Text
(a) In general Within the Department, there shall be a position of Immigration Detention Ombudsman (in this section referred to as the “Ombudsman”). The Ombudsman shall be independent of Department agencies and officers and shall report directly to the Secretary. The Ombudsman shall be a senior official with a background in civil rights enforcement, civil detention care and custody, and immigration law.
(b) Functions The functions of the Ombudsman shall be to—
(1) Establish and administer an independent, neutral, and confidential process to receive, investigate, resolve, and provide redress, including referral for investigation to the Office of the Inspector General, referral to U.S. Citizenship and Immigration Services for immigration relief, or any other action determined appropriate, for cases in which Department officers or other personnel, or contracted, subcontracted, or cooperating entity personnel, are found to have engaged in misconduct or violated the rights of individuals in immigration detention;
(2) Establish an accessible and standardized process regarding complaints against any officer or employee of U.S. Customs and Border Protection or U.S. Immigration and Customs Enforcement, or any contracted, subcontracted, or cooperating entity personnel, for violations of law, standards of professional conduct, contract terms, or policy related to immigration detention;
(3) Conduct unannounced inspections of detention facilities holding individuals in federal immigration custody, including those owned or operated by units of State or local government and privately-owned or operated facilities;
(4) Review, examine, and make recommendations to address concerns or violations of contract terms identified in reviews, audits, investigations, or detainee interviews regarding immigration detention facilities and services;
(5) Provide assistance to individuals affected by potential misconduct, excessive force, or violations of law or detention standards by Department of Homeland Security officers or other personnel, or contracted, subcontracted, or cooperating entity personnel; and
(6) Ensure that the functions performed by the Ombudsman are complementary to existing functions within the Department of Homeland Security.
(c) Access to detention facilities The Ombudsman or designated personnel of the Ombudsman, shall be provided unfettered access to any location within each such detention facility and shall be permitted confidential access to any detainee at the detainees request and any departmental records concerning such detainee.
(d) Coordination with department components (1) In general The Director of U.S. Immigration and Customs Enforcement and the Commissioner of U.S. Customs and Border Protection shall each establish procedures to provide formal responses to recommendations submitted to such officials by the Ombudsman within 60 days of receiving such recommendations.
(2) Access to information The Secretary shall establish procedures to provide the Ombudsman access to all departmental records necessary to execute the responsibilities of the Ombudsman under subsection (b) or (c) not later than 60 days after a request from the Ombudsman for such information.
(e) Annual report The Ombudsman shall prepare a report to Congress on an annual basis on its activities, findings, and recommendations.
(Pub. L. 107296, title IV, § 405, as added Pub. L. 11693, div. D, title I, § 106(a), Dec. 20, 2019, 133 Stat. 2504.)
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# 6 U.S.C. § 212 - Retention of Customs revenue functions by Secretary of the Treasury
## Text
(a) Retention of Customs revenue functions by Secretary of the Treasury (1) Retention of authority Notwithstanding section 203(a)(1) 11 So in original. Probably should be section “203(1)”. of this title, authority related to Customs revenue functions that was vested in the Secretary of the Treasury by law before the effective date of this chapter under those provisions of law set forth in paragraph (2) shall not be transferred to the Secretary by reason of this chapter, and on and after the effective date of this chapter, the Secretary of the Treasury may delegate any such authority to the Secretary at the discretion of the Secretary of the Treasury. The Secretary of the Treasury shall consult with the Secretary regarding the exercise of any such authority not delegated to the Secretary.
(2) Statutes The provisions of law referred to in paragraph (1) are the following: the Tariff Act of 1930 [19 U.S.C. 1202 et seq.]; section 249 of the Revised Statutes of the United States (19 U.S.C. 3); section 2 of the Act of March 4, 1923 (19 U.S.C. 6); section 13031 of the Consolidated Omnibus Budget Reconciliation Act of 1985 (19 U.S.C. 58c); section 251 of the Revised Statutes of the United States (19 U.S.C. 66); section 1 of the Act of June 26, 1930 (19 U.S.C. 68); the Foreign Trade Zones Act (19 U.S.C. 81a et seq.); section 1 of the Act of March 2, 1911 (19 U.S.C. 198); the Trade Act of 1974 [19 U.S.C. 2101 et seq.]; the Trade Agreements Act of 1979; the North American Free Trade Area Implementation Act; the Uruguay Round Agreements Act; the Caribbean Basin Economic Recovery Act [19 U.S.C. 2701 et seq.]; the Andean Trade Preference Act [19 U.S.C. 3201 et seq.]; the African Growth and Opportunity Act [19 U.S.C. 3701 et seq.]; and any other provision of law vesting customs revenue functions in the Secretary of the Treasury.
(b) Maintenance of Customs revenue functions (1) Maintenance of functions Notwithstanding any other provision of this chapter, the Secretary may not consolidate, discontinue, or diminish those functions described in paragraph (2) performed by U.S. Customs and Border Protection (as established under section 211 of this title) on or after the effective date of this chapter, reduce the staffing level, or reduce the resources attributable to such functions, and the Secretary shall ensure that an appropriate management structure is implemented to carry out such functions.
(2) Functions The functions referred to in paragraph (1) are those functions performed by the following personnel, and associated support staff, of U.S. Customs and Border Protection on the day before the effective date of this chapter: Import Specialists, Entry Specialists, Drawback Specialists, National Import Specialist, Fines and Penalties Specialists, attorneys of the Office of Regulations and Rulings, Customs Auditors, International Trade Specialists, Financial Systems Specialists.
(c) New personnel The Secretary of the Treasury is authorized to appoint up to 20 new personnel to work with personnel of the Department in performing customs revenue functions.
(Pub. L. 107296, title IV, § 412, Nov. 25, 2002, 116 Stat. 2179; Pub. L. 114125, title VIII, § 802(g)(1)(B)(iii)(II), Feb. 24, 2016, 130 Stat. 211.)
## Notes
Editorial Notes
References in TextThe effective date of this chapter, referred to in subsecs. (a)(1) and (b), is 60 days after Nov. 25, 2002, see section 4 of Pub. L. 107296, set out as an Effective Date note under section 101 of this title. This chapter, referred to in subsecs. (a)(1) and (b)(1), was in the original “this Act”, meaning Pub. L. 107296, Nov. 25, 2002, 116 Stat. 2135, known as the Homeland Security Act of 2002, which is classified principally to this chapter. For complete classification of this Act to the Code, see Short Title note set out under section 101 of this title and Tables. The Tariff Act of 1930, referred to in subsec. (a)(2), is act June 17, 1930, ch. 497, 46 Stat. 590, which is classified generally to chapter 4 (§ 1202 et seq.) of Title 19, Customs Duties. For complete classification of this Act to the Code, see section 1654 of Title 19 and Tables. The Foreign Trade Zones Act, referred to in subsec. (a)(2), is act June 18, 1934, ch. 590, 48 Stat. 998, which is classified generally to chapter 1A (§ 81a et seq.) of Title 19, Customs Duties. For complete classification of this Act to the Code, see Tables. The Trade Act of 1974, referred to in subsec. (a)(2), is Pub. L. 93618, Jan. 3, 1975, 88 Stat. 1978, which is classified principally to chapter 12 (§ 2101 et seq.) of Title 19, Customs Duties. For complete classification of this Act to the Code, see References in Text note set out under section 2101 of Title 19 and Tables. The Trade Agreements Act of 1979, referred to in subsec. (a)(2), is Pub. L. 9639, July 26, 1979, 93 Stat. 144. For complete classification of this Act to the Code, see References in Text note set out under section 2501 of Title 19, Customs Duties, and Tables. The North American Free Trade Area Implementation Act, referred to in subsec. (a)(2), probably means the North American Free Trade Agreement Implementation Act, Pub. L. 103182, Dec. 8, 1993, 107 Stat. 2057. For complete classification of this Act to the Code, see Short Title note under section 3301 of Title 19, Customs Duties, and Tables. The Uruguay Round Agreements Act, referred to in subsec. (a)(2), is Pub. L. 103465, Dec. 8, 1994, 108 Stat. 4809. For complete classification of this Act to the Code, see Short Title note set out under section 3501 of Title 19, Customs Duties, and Tables. The Caribbean Basin Economic Recovery Act, referred to in subsec. (a)(2), is title II of Pub. L. 9867, Aug. 5, 1983, 97 Stat. 384, which is classified principally to chapter 15 (§ 2701 et seq.) of Title 19, Customs Duties. For complete classification of this Act to the Code, see Short Title note set out under section 2701 of Title 19 and Tables. The Andean Trade Preference Act, referred to in subsec. (a)(2), is title II of Pub. L. 102182, Dec. 4, 1991, 105 Stat. 1236, which is classified generally to chapter 20 (§ 3201 et seq.) of Title 19, Customs Duties. For complete classification of this Act to the Code, see Short Title note set out under section 3201 of Title 19 and Tables. The African Growth and Opportunity Act, referred to in subsec. (a)(2), is title I of Pub. L. 106200, May 18, 2000, 114 Stat. 252, which is classified principally to chapter 23 (§ 3701 et seq.) of Title 19, Customs Duties. For complete classification of this Act to the Code, see Short Title note set out under section 3701 of Title 19 and Tables.
Amendments2016—Subsec. (b). Pub. L. 114125 substituted “U.S. Customs and Border Protection” for “the United States Customs Service” in pars. (1) and (2).
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# 6 U.S.C. § 213 - Preservation of Customs funds
## Text
Notwithstanding any other provision of this chapter, no funds collected under paragraphs (1) through (8) of section 58c(a) of title 19 may be transferred for use by any other agency or office in the Department.
(Pub. L. 107296, title IV, § 413, Nov. 25, 2002, 116 Stat. 2180; Pub. L. 114125, title VIII, § 802(g)(1)(B)(iii)(III), Feb. 24, 2016, 130 Stat. 211.)
## Notes
Editorial Notes
References in TextThis chapter, referred to in text, was in the original “this Act”, meaning Pub. L. 107296, Nov. 25, 2002, 116 Stat. 2135, known as the Homeland Security Act of 2002, which is classified principally to this chapter. For complete classification of this Act to the Code, see Short Title note set out under section 101 of this title and Tables.
Amendments2016—Pub. L. 114125 struck out “available to the United States Customs Service or” after “no funds”.
@@ -0,0 +1,45 @@
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# 6 U.S.C. § 214 - Separate budget request for Customs
## Text
The President shall include in each budget transmitted to Congress under section 1105 of title 31 a separate budget request for U.S. Customs and Border Protection.
(Pub. L. 107296, title IV, § 414, Nov. 25, 2002, 116 Stat. 2180; Pub. L. 114125, title VIII, § 802(g)(1)(B)(iii)(IV), Feb. 24, 2016, 130 Stat. 211.)
## Notes
Editorial Notes
Amendments2016—Pub. L. 114125 substituted “U.S. Customs and Border Protection” for “the United States Customs Service”.
Statutory Notes and Related Subsidiaries
Land Border ProjectsPub. L. 11274, div. D, title II, Dec. 23, 2011, 125 Stat. 949, provided in part: “That for fiscal year 2012 and thereafter, the annual budget submission of U.S. Customs and Border Protection for Construction and Facilities Management shall, in consultation with the General Services Administration, include a detailed 5-year plan for all Federal land border port of entry projects with a yearly update of total projected future funding needs delineated by land port of entry”. Similar provisions were contained in the following prior appropriation acts: Pub. L. 11183, title II, Oct. 28, 2009, 123 Stat. 2148. Pub. L. 110329, div. D, title II, Sept. 30, 2008, 122 Stat. 3658.
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# 6 U.S.C. § 215 - Definition
## Text
In this part, the term “customs revenue function” means the following:
(1) Assessing and collecting customs duties (including antidumping and countervailing duties and duties imposed under safeguard provisions), excise taxes, fees, and penalties due on imported merchandise, including classifying and valuing merchandise for purposes of such assessment.
(2) Processing and denial of entry of persons, baggage, cargo, and mail, with respect to the assessment and collection of import duties.
(3) Detecting and apprehending persons engaged in fraudulent practices designed to circumvent the customs laws of the United States.
(4) Enforcing section 1337 of title 19 and provisions relating to import quotas and the marking of imported merchandise, and providing Customs Recordations for copyrights, patents, and trademarks.
(5) Collecting accurate import data for compilation of international trade statistics.
(6) Enforcing reciprocal trade agreements.
(7) Functions performed by the following personnel, and associated support staff, of the United States Customs Service on the day before the effective date of this chapter, and of U.S. Customs and Border Protection on the day before the effective date of the U.S. Customs and Border Protection Authorization Act: Import Specialists, Entry Specialists, Drawback Specialists, National Import Specialist, Fines and Penalties Specialists, attorneys of the Office of Regulations and Rulings, Customs Auditors, International Trade Specialists, Financial Systems Specialists.
(8) Functions performed by the following offices, with respect to any function described in any of paragraphs (1) through (7), and associated support staff, of the United States Customs Service on the day before the effective date of this chapter, and of U.S. Customs and Border Protection on the day before the effective date of the U.S. Customs and Border Protection Authorization Act: the Office of Information and Technology, the Office of Laboratory Services, the Office of the Chief Counsel, the Office of Congressional Affairs, the Office of International Affairs, and the Office of Training and Development.
(Pub. L. 107296, title IV, § 415, Nov. 25, 2002, 116 Stat. 2180; Pub. L. 114125, title VIII, § 802(g)(1)(B)(iii)(V), Feb. 24, 2016, 130 Stat. 211.)
## Notes
Editorial Notes
References in TextThis part, referred to in text, was in the original “this subtitle”, meaning subtitle B (§§ 411419) of title IV of Pub. L. 107296, Nov. 25, 2002, 116 Stat. 2178, which enacted this part, amended section 5314 of Title 5, Government Organization and Employees, section 58c of Title 19, Customs Duties, and provisions set out as a note under section 2075 of Title 19. For complete classification of subtitle B to the Code, see Tables. The effective date of this chapter, referred to in pars. (7) and (8), is 60 days after Nov. 25, 2002, see section 4 of Pub. L. 107296, set out as an Effective Date note under section 101 of this title. The effective date of the U.S. Customs and Border Protection Authorization Act, referred to in pars. (7) and (8), is the effective date of title VIII of Pub. L. 114125, which is Feb. 24, 2016.
Amendments2016—Pars. (7), (8). Pub. L. 114125 inserted “, and of U.S. Customs and Border Protection on the day before the effective date of the U.S. Customs and Border Protection Authorization Act” before the colon.
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# 6 U.S.C. § 216 - Protection against potential synthetic opioid exposure
## Text
(a) In general The Commissioner of U.S. Customs and Border Protection shall issue a policy that specifies effective protocols and procedures for the safe handling of potential synthetic opioids, including fentanyl, by U.S. Customs and Border Protection officers, agents, other personnel, and canines, and to reduce the risk of injury or death resulting from accidental exposure and enhance post-exposure management.
(b) Training (1) In general Together with the issuance of the policy described in subsection (a), the Commissioner of U.S. Customs and Border Protection shall require mandatory and recurrent training on the following:
(A) The potential risk of opioid exposure and safe handling procedures for potential synthetic opioids, including precautionary measures such as the use of personal protective equipment during such handling.
(B) How to access and administer opioid receptor antagonists, including naloxone, post-exposure to potential synthetic opioids.
(C) How to use containment devices to prevent potential synthetic opioid exposure.
(2) Integration The training described in paragraph (1) may be integrated into existing training under section 211(l) of this title for U.S. Customs and Border Protection officers, agents, and other personnel.
(c) Personal protective equipment, containment devices, and opioid receptor antagonists Together with the issuance of the policy described in subsection (a), the Commissioner of U.S. Customs and Border Protection shall ensure the availability of personal protective equipment, opioid receptor antagonists, including naloxone, and containment devices, to all U.S. Customs and Border Protection officers, agents, other personnel, and canines at risk of accidental exposure to synthetic opioids.
(d) Oversight To ensure effectiveness of the policy described in subsection (a)—
(1) the Commissioner of U.S. Customs and Border Protection shall regularly monitor the efficacy of the implementation of such policy and adjust protocols and procedures, as necessary; and
(2) the Inspector General of the Department shall audit compliance with the requirements of this section not less than once during the 3-year period after December 27, 2020.
(Pub. L. 107296, title IV, § 416, as added Pub. L. 116260, div. U, title III, § 302(a), Dec. 27, 2020, 134 Stat. 2291; amended Pub. L. 117263, div. G, title LXXI, § 7135(a), (b), Dec. 23, 2022, 136 Stat. 3650.)
## Notes
Editorial Notes
Prior ProvisionsA prior section 216 of this title, Pub. L. 107296, title IV, § 416, Nov. 25, 2002, 116 Stat. 2181, related to GAO report to Congress, prior to repeal by Pub. L. 114125, title VIII, § 802(f), Feb. 24, 2016, 130 Stat. 210.
Amendments2022—Subsec. (b)(1)(C). Pub. L. 117263, § 7135(a), added subpar. (C). Subsec. (c). Pub. L. 117263, § 7135(b), inserted “, containment devices,” after “equipment” in heading and substituted “, opioid receptor antagonists, including naloxone, and containment devices” for “and opioid receptor antagonists, including naloxone” in text.
Statutory Notes and Related Subsidiaries
Applicability to Other ComponentsPub. L. 117263, div. G, title LXXI, § 7135(c), Dec. 23, 2022, 136 Stat. 3650, provided that: “If the Secretary of Homeland Secretary determines that officers, agents, other personnel, or canines of a component of the Department of Homeland Security other than U.S. Customs and Border Protection are at risk of potential synthetic opioid exposure in the course of their duties, the head of such component shall carry out the responsibilities under section 416 of the Homeland Security Act of 2002 (6 U.S.C. 216) in the same manner and to the same degree as the Commissioner of U.S. Customs and Border Protection carries out such responsibilities.”
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# 6 U.S.C. § 217 - Allocation of resources by the Secretary
## Text
(a) In general The Secretary shall ensure that adequate staffing is provided to assure that levels of customs revenue services provided on the day before the effective date of this chapter shall continue to be provided.
(b) Notification of Congress The Secretary shall notify the Committee on Ways and Means of the House of Representatives and the Committee on Finance of the Senate at least 90 days prior to taking any action which would—
(1) result in any significant reduction in customs revenue services, including hours of operation, provided at any office within the Department or any port of entry;
(2) eliminate or relocate any office of the Department which provides customs revenue services; or
(3) eliminate any port of entry.
(c) Definition In this section, the term “customs revenue services” means those customs revenue functions described in paragraphs (1) through (6) and paragraph (8) of section 215 of this title.
(Pub. L. 107296, title IV, § 417, Nov. 25, 2002, 116 Stat. 2181.)
## Notes
Editorial Notes
References in TextThe effective date of this chapter, referred to in subsec. (a), is 60 days after Nov. 25, 2002, see section 4 of Pub. L. 107296, set out as an Effective Date note under section 101 of this title.
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# 6 U.S.C. § 218 - Asia-Pacific Economic Cooperation Business Travel Cards
## Text
(a) In general The Commissioner of U.S. Customs and Border Protection is authorized to issue an Asia-Pacific Economic Cooperation Business Travel Card (referred to in this section as an “ABT Card”) to any individual described in subsection (b).
(b) Card issuance An individual described in this subsection is an individual who—
(1) is a citizen of the United States;
(2) has been approved and is in good standing in an existing international trusted traveler program of the Department; and
(3) is—
(A) engaged in business in the Asia-Pacific region, as determined by the Commissioner of U.S. Customs and Border Protection; or
(B) a United States Government official actively engaged in Asia-Pacific Economic Cooperation business, as determined by the Commissioner of U.S. Customs and Border Protection.
(c) Integration with existing travel programs The Commissioner of U.S. Customs and Border Protection shall integrate application procedures for, and issuance, renewal, and revocation of, ABT Cards with existing international trusted traveler programs of the Department.
(d) Cooperation with private entities and nongovernmental organizations In carrying out this section, the Commissioner of U.S. Customs and Border Protection may consult with appropriate private sector entities and nongovernmental organizations, including academic institutions.
(e) Fee (1) In general The Commissioner of U.S. Customs and Border Protection shall—
(A) prescribe and collect a fee for the issuance and renewal of ABT Cards; and
(B) adjust such fee to the extent the Commissioner determines necessary to comply with paragraph (2).
(2) Limitation The Commissioner of U.S. Customs and Border Protection shall ensure that the total amount of the fees collected under paragraph (1) during any fiscal year is sufficient to offset the direct and indirect costs associated with carrying out this section during such fiscal year, including the costs associated with operating and maintaining the ABT Card issuance and renewal processes.
(3) Account for collections There is established in the Treasury of the United States an “Asia-Pacific Economic Cooperation Business Travel Card Account” into which the fees collected under paragraph (1) shall be deposited as offsetting receipts.
(4) Use of funds Amounts deposited into the Asia Pacific 11 So in original. Probably should be “Asia-Pacific”. Economic Cooperation Business Travel Card Account established under paragraph (3) shall—
(A) be credited to the appropriate account of the 22 So in original. The word “the” probably should not appear. U.S. Customs and Border Protection for expenses incurred in carrying out this section; and
(B) remain available until expended.
(f) Notification The Commissioner of U.S. Customs and Border Protection shall notify the Committee on Homeland Security of the House of Representatives and the Committee on Homeland Security and Governmental Affairs of the Senate not later than 60 days after the expenditures of funds to operate and provide ABT Card services beyond the amounts collected under subsection (e)(1).
(g) Trusted traveler program defined In this section, the term “trusted traveler program” means a voluntary program of the Department that allows U.S. Customs and Border Protection to expedite clearance of pre-approved, low-risk travelers arriving in the United States.
(Pub. L. 107296, title IV, § 418, as added Pub. L. 11579, § 2(a), Nov. 2, 2017, 131 Stat. 1258.)
## Notes
Editorial Notes
Prior ProvisionsA prior section 218, Pub. L. 107296, title IV, § 418, Nov. 25, 2002, 116 Stat. 2181, related to reports to Congress from the United States Customs Service and the Secretary of the Treasury, prior to repeal by Pub. L. 114125, title VIII, § 802(f), Feb. 24, 2016, 130 Stat. 210.
Statutory Notes and Related Subsidiaries
Transfer of Funds From APEC Business Travel Card AccountPub. L. 11579, § 3, Nov. 2, 2017, 131 Stat. 1259, provided that: “(a) In General.—Notwithstanding the repeal of the Asia-Pacific Economic Cooperation Business Travel Cards Act of 2011 (Public Law 11254; 8 U.S.C. 1185 note) pursuant to section 4(b)(1), amounts deposited into the APEC Business Travel Card Account established pursuant to such Act as of the date of the enactment of this Act [Nov. 2, 2017] are hereby transferred to the Asia-Pacific Economic Cooperation Business Travel Card Account established pursuant to section 418(e) of the Homeland Security Act of 2002 [6 U.S.C. 218(e)] (as added by section 2(a) of this Act), and shall be available without regard to whether such amounts are expended in connection with expenses incurred with respect to an ABT Card issued at any time before or after such date of enactment. “(b) Availability.—Amounts deposited in the Asia-Pacific Economic Cooperation Business Travel Card Account established pursuant to section 418(e) of the Homeland Security Act of 2002, in addition to the purposes for which such amounts are available pursuant to such subsection, shall also be available for expenditure in connection with expenses incurred with respect to ABT Cards issued at any time before the date of the enactment of such section. “(c) Termination.—After the completion of the transfer described in subsection (a), the Asia-Pacific Economic Cooperation Business Travel Card Account established pursuant to the Asia-Pacific Economic Cooperation Business Travel Cards Act of 2011 shall be closed.”
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# 6 U.S.C. § 220 - Methamphetamine and methamphetamine precursor chemicals
## Text
(a) Compliance with performance plan requirements As part of the annual performance plan required in the budget submission of the United States Customs and Border Protection under section 1115 of title 31, the Commissioner shall establish performance indicators relating to the seizure of methamphetamine and methamphetamine precursor chemicals in order to evaluate the performance goals of the United States Customs and Border Protection with respect to the interdiction of illegal drugs entering the United States.
(b) Study and report relating to methamphetamine and methamphetamine precursor chemicals (1) Analysis The Commissioner shall, on an ongoing basis, analyze the movement of methamphetamine and methamphetamine precursor chemicals into the United States. In conducting the analysis, the Commissioner shall—
(A) consider the entry of methamphetamine and methamphetamine precursor chemicals through ports of entry, between ports of entry, through international mails, and through international courier services;
(B) examine the export procedures of each foreign country where the shipments of methamphetamine and methamphetamine precursor chemicals originate and determine if changes in the countrys customs over time provisions would alleviate the export of methamphetamine and methamphetamine precursor chemicals; and
(C) identify emerging trends in smuggling techniques and strategies.
(2) Report Not later than September 30, 2007, and each 2-year period thereafter, the Commissioner, in the consultation with the Attorney General, United States Immigration and Customs Enforcement, the United States Drug Enforcement Administration, and the United States Department of State, shall submit a report to the Committee on Finance of the Senate, the Committee on Foreign Relations of the Senate, the Committee on the Judiciary of the Senate, the Committee on Ways and Means of the House of Representatives, the Committee on International Relations of the House of Representatives, and the Committee on the Judiciary of the House of Representatives, that includes—
(A) a comprehensive summary of the analysis described in paragraph (1); and
(B) a description of how the Untied 11 So in original. States Customs and Border Protection utilized the analysis described in paragraph (1) to target shipments presenting a high risk for smuggling or circumvention of the Combat Methamphetamine Epidemic Act of 2005 (Public Law 109177).
(3) Availability of analysis The Commissioner shall ensure that the analysis described in paragraph (1) is made available in a timely manner to the Secretary of State to facilitate the Secretary in fulfilling the Secretarys reporting requirements in section 722 of the Combat Methamphetamine Epidemic Act of 2005.
(c) Definition In this section, the term “methamphetamine precursor chemicals” means the chemicals ephedrine, pseudoephedrine, or phenylpropanolamine, including each of the salts, optical isomers, and salts of optical isomers of such chemicals.
(Pub. L. 109347, title VII, § 707, Oct. 13, 2006, 120 Stat. 1946.)
## Notes
Editorial Notes
References in TextThe Combat Methamphetamine Epidemic Act of 2005, referred to in subsec. (b)(2)(B), is Pub. L. 109177, title VII, Mar. 9, 2006, 120 Stat. 256. Section 722 of the Act amended sections 2291h, 2291j, and 2291j1 of Title 22, Foreign Relations and Intercourse, and enacted provisions set out as a note under section 2291h of Title 22. For complete classification of this Act to the Code, see Short Title note set out under section 801 of Title 21, Food and Drugs, and Tables.
Codification Section was enacted as part of the Security and Accountability For Every Port Act of 2006, also known as the SAFE Port Act, and not as part of the Homeland Security Act of 2002 which comprises this chapter.
Statutory Notes and Related Subsidiaries
Change of Name Committee on International Relations of House of Representatives changed to Committee on Foreign Affairs of House of Representatives by House Resolution No. 6, One Hundred Tenth Congress, Jan. 5, 2007.
Definitions For definition of “Commissioner” as used in this section, see section 901 of this title.
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# 6 U.S.C. § 221 - Requirements with respect to administering polygraph examinations to law enforcement personnel of U.S. Customs and Border Protection
## Text
(a) In general The Secretary of Homeland Security shall ensure that—
(1) by not later than 2 years after January 4, 2011, all applicants for law enforcement positions with U.S. Customs and Border Protection (except as provided in subsection (b)) receive polygraph examinations before being hired for such a position; and
(2) by not later than 180 days after January 4, 2011, U.S. Customs and Border Protection initiates all periodic background reinvestigations for all law enforcement personnel of U.S. Customs and Border Protection that should receive periodic background reinvestigations pursuant to relevant policies of U.S. Customs and Border Protection in effect on the day before January 4, 2011.
(b) Waiver The Commissioner of U.S. Customs and Border Protection may waive the polygraph examination requirement under subsection (a)(1) for any applicant who—
(1) is deemed suitable for employment;
(2) holds a current, active Top Secret/Sensitive Compartmented Information Clearance;
(3) has a current Single Scope Background Investigation;
(4) was not granted any waivers to obtain his or her clearance; and
(5) is a veteran (as defined in section 2108 of title 5).
(Pub. L. 111376, § 3, Jan. 4, 2011, 124 Stat. 4104; Pub. L. 114279, § 5, Dec. 16, 2016, 130 Stat. 1422.)
## Notes
Editorial Notes
Codification Section was enacted as part of the Anti-Border Corruption Act of 2010, and not as part of the Homeland Security Act of 2002 which comprises this chapter.
Amendments2016—Pub. L. 114279 designated existing provisions as subsec. (a), inserted heading, in par. (1) inserted “(except as provided in subsection (b))” after “Border Protection”, and added subsec. (b).
Statutory Notes and Related Subsidiaries
Waiver of Certain Polygraph Examination RequirementsPub. L. 114328, div. A, title X, § 1049, Dec. 23, 2016, 130 Stat. 2396, provided that: “The Secretary of Homeland Security, acting through the Commissioner of U.S. Customs and Border Protection, may waive the polygraph examination requirement under section 3 of the Anti-Border Corruption Act of 2010 (Public Law 111376) [6 U.S.C. 221] for any applicant who— “(1) the Commissioner determines is suitable for employment; “(2) holds a current, active Top Secret clearance and is able to access sensitive compartmented information; “(3) has a current single scope background investigation; “(4) was not granted any waivers to obtain the clearance; and “(5) is a veteran (as such term is defined in section 2108 or 2109a [probably should be “2108a”] of title 5, United States Code).”
FindingsPub. L. 111376, § 2, Jan. 4, 2011, 124 Stat. 4104, provided that: “Congress makes the following findings: “(1) According to the Office of the Inspector General of the Department of Homeland Security, since 2003, 129 U.S. Customs and Border Protection officials have been arrested on corruption charges and, during 2009, 576 investigations were opened on allegations of improper conduct by U.S. Customs and Border Protection officials. “(2) To foster integrity in the workplace, established policy of U.S. Customs and Border Protection calls for—“(A) all job applicants for law enforcement positions at U.S. Customs and Border Protection to receive a polygraph examination and a background investigation before being offered employment; and “(B) relevant employees to receive a periodic background reinvestigation every 5 years. “(3) According to the Office of Internal Affairs of U.S. Customs and Border Protection—“(A) in 2009, less than 15 percent of applicants for jobs with U.S. Customs and Border Protection received polygraph examinations; “(B) as of March 2010, U.S. Customs and Border Protection had a backlog of approximately 10,000 periodic background reinvestigations of existing employees; and “(C) without additional resources, by the end of fiscal year 2010, the backlog of periodic background reinvestigations will increase to approximately 19,000.”
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# 6 U.S.C. § 222 - Advanced Training Center Revolving Fund
## Text
For fiscal year 2012 and thereafter, U.S. Customs and Border Protections Advanced Training Center is authorized to charge fees for any service and/or thing of value it provides to Federal Government or non-government entities or individuals, so long as the fees charged do not exceed the full costs associated with the service or thing of value provided: Provided, That notwithstanding section 3302(b) of title 31, fees collected by the Advanced Training Center are to be deposited into a separate account entitled “Advanced Training Center Revolving Fund”, and be available, without further appropriations, for necessary expenses of the Advanced Training Center program, and are to remain available until expended.
(Pub. L. 11274, div. D, title V, § 557, Dec. 23, 2011, 125 Stat. 979.)
## Notes
Editorial Notes
Codification Section was enacted as part of the Department of Homeland Security Appropriations Act, 2012, and also as part of the Consolidated Appropriations Act, 2012, and not as part of the Homeland Security Act of 2002 which comprises this chapter.
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# 6 U.S.C. § 223 - Border security metrics
## Text
(a) Definitions In this section:
(1) Appropriate congressional committees The term “appropriate congressional committees” means—
(A) the Committee on Homeland Security and Governmental Affairs of the Senate; and
(B) the Committee on Homeland Security of the House of Representatives.
(2) Consequence Delivery System The term “Consequence Delivery System” means the series of consequences applied by U.S. Border Patrol in collaboration with other Federal agencies to persons unlawfully entering the United States, in order to prevent unlawful border crossing recidivism.
(3) Got away The term “got away” means an unlawful border crosser who—
(A) is directly or indirectly observed making an unlawful entry into the United States;
(B) is not apprehended; and
(C) is not a turn back.
(4) Known maritime migrant flow The term “known maritime migrant flow” means the sum of the number of undocumented migrants—
(A) interdicted in the waters over which the United States has jurisdiction;
(B) identified at sea either directly or indirectly, but not interdicted;
(C) if not described in subparagraph (A) or (B), who were otherwise reported, with a significant degree of certainty, as having entered, or attempted to enter, the United States through the maritime border.
(5) Major violator The term “major violator” means a person or entity that has engaged in serious criminal activities at any land, air, or sea port of entry, including the following:
(A) Possession of illicit drugs.
(B) Smuggling of prohibited products.
(C) Human smuggling.
(D) Possession of illegal weapons.
(E) Use of fraudulent documents.
(F) Any other offense that is serious enough to result in an arrest.
(6) Secretary The term “the Secretary” means the Secretary of Homeland Security.
(7) Situational awareness The term “situational awareness” means knowledge and understanding of current unlawful cross-border activity, including the following:
(A) Threats and trends concerning illicit trafficking and unlawful crossings.
(B) The ability to forecast future shifts in such threats and trends.
(C) The ability to evaluate such threats and trends at a level sufficient to create actionable plans.
(D) The operational capability to conduct persistent and integrated surveillance of the international borders of the United States.
(8) Transit zone The term “transit zone” means the sea corridors of the western Atlantic Ocean, the Gulf of Mexico, the Caribbean Sea, and the eastern Pacific Ocean through which undocumented migrants and illicit drugs transit, either directly or indirectly, to the United States.
(9) Turn back The term “turn back” means an unlawful border crosser who, after making an unlawful entry into the United States, responds to United States enforcement efforts by returning promptly to the country from which such crosser entered.
(10) Unlawful border crossing effectiveness rate The term “unlawful border crossing effectiveness rate” means the percentage that results from dividing the number of apprehensions and turn backs by the sum of the number of apprehensions, estimated undetected unlawful entries, turn backs, and got aways.
(11) Unlawful entry The term “unlawful entry” means an unlawful border crosser who enters the United States and is not apprehended by a border security component of the Department of Homeland Security.
(b) Metrics for securing the border between ports of entry (1) In general Not later than 180 days after December 23, 2016, the Secretary shall develop metrics, informed by situational awareness, to measure the effectiveness of security between ports of entry. The Secretary shall annually implement the metrics developed under this subsection, which shall include the following:
(A) Estimates, using alternative methodologies where appropriate, including recidivism data, survey data, known-flow data, and technologically-measured data, of the following:
(i) The rate of apprehension of attempted unlawful border crossers.
(ii) The number of detected unlawful entries.
(iii) The number of estimated undetected unlawful entries.
(iv) Turn backs.
(v) Got aways.
(B) A measurement of situational awareness achieved in each U.S. Border Patrol sector.
(C) An unlawful border crossing effectiveness rate in each U.S. Border Patrol sector.
(D) A probability of detection rate, which compares the estimated total unlawful border crossing attempts not detected by U.S. Border Patrol to the unlawful border crossing effectiveness rate under subparagraph (C), as informed by subparagraph (A).
(E) The number of apprehensions in each U.S. Border Patrol sector.
(F) The number of apprehensions of unaccompanied alien children, and the nationality of such children, in each U.S. Border Patrol sector.
(G) The number of apprehensions of family units, and the nationality of such family units, in each U.S. Border Patrol sector.
(H) An illicit drugs seizure rate for drugs seized by U.S. Border Patrol between ports of entry, which compares the ratio of the amount and type of illicit drugs seized between ports of entry in any fiscal year to the average of the amount and type of illicit drugs seized between ports of entry in the immediately preceding five fiscal years.
(I) Estimates of the impact of the Consequence Delivery System on the rate of recidivism of unlawful border crossers over multiple fiscal years.
(J) An examination of each consequence under the Consequence Delivery System referred to in subparagraph (I), including the following:
(i) Voluntary return.
(ii) Warrant of arrest or notice to appear.
(iii) Expedited removal.
(iv) Reinstatement of removal.
(v) Alien transfer exit program.
(vi) Criminal consequence program.
(vii) Standard prosecution.
(viii) Operation Against Smugglers Initiative on Safety and Security.
(2) Metrics consultation To ensure that authoritative data sources are utilized in the development of the metrics described in paragraph (1), the Secretary shall—
(A) consult with the heads of the appropriate components of the Department of Homeland Security; and
(B) where appropriate, with the heads of other agencies, including the Office of Refugee Resettlement of the Department of Health and Human Services and the Executive Office for Immigration Review of the Department of Justice.
(3) Manner of collection The data collected to inform the metrics developed in accordance with paragraph (1) shall be collected and reported in a consistent and standardized manner across all U.S. Border Patrol sectors, informed by situational awareness.
(c) Metrics for securing the border at ports of entry (1) In general Not later than 180 days after December 23, 2016, the Secretary shall develop metrics, informed by situational awareness, to measure the effectiveness of security at ports of entry. The Secretary shall annually implement the metrics developed under this subsection, which shall include the following:
(A) Estimates, using alternative methodologies where appropriate, including recidivism data, survey data, and randomized secondary screening data, of the following:
(i) Total inadmissible travelers who attempt to, or successfully, enter the United States at a port of entry.
(ii) The rate of refusals and interdictions for travelers who attempt to, or successfully, enter the United States at a port of entry.
(iii) The number of unlawful entries at a port of entry.
(B) The amount and type of illicit drugs seized by the Office of Field Operations of U.S. Customs and Border Protection at ports of entry during the previous fiscal year.
(C) An illicit drugs seizure rate for drugs seized by the Office of Field Operations, which compares the ratio of the amount and type of illicit drugs seized by the Office of Field Operations in any fiscal year to the average of the amount and type of illicit drugs seized by the Office of Field Operations in the immediately preceding five fiscal years.
(D) The number of infractions related to travelers and cargo committed by major violators who are interdicted by the Office of Field Operations at ports of entry, and the estimated number of such infractions committed by major violators who are not so interdicted.
(E) In consultation with the heads of the Office of National Drug Control Policy and the United States Southern Command, a cocaine seizure effectiveness rate, which is the percentage resulting from dividing the amount of cocaine seized by the Office of Field Operations by the total estimated cocaine flow rate at ports of entry along the United States land border with Mexico and Canada.
(F) A measurement of how border security operations affect crossing times, including the following:
(i) A wait time ratio that compares the average wait times to total commercial and private vehicular traffic volumes at each land port of entry.
(ii) An infrastructure capacity utilization rate that measures traffic volume against the physical and staffing capacity at each land port of entry.
(iii) A secondary examination rate that measures the frequency of secondary examinations at each land port of entry.
(iv) An enforcement rate that measures the effectiveness of such secondary examinations at detecting major violators.
(G) A seaport scanning rate that includes the following:
(i) The number of all cargo containers that are considered potentially “high-risk”, as determined by the Executive Assistant Commissioner of the Office of Field Operations.
(ii) A comparison of the number of potentially high-risk cargo containers scanned by the Office of Field Operations at each sea port of entry during a fiscal year to the total number of high-risk cargo containers entering the United States at each such sea port of entry during the previous fiscal year.
(iii) The number of potentially high-risk cargo containers scanned upon arrival at a United States sea port of entry.
(iv) The number of potentially high-risk cargo containers scanned before arrival at a United States sea port of entry.
(2) Metrics consultation To ensure that authoritative data sources are utilized in the development of the metrics described in paragraph (1), the Secretary shall—
(A) consult with the heads of the appropriate components of the Department of Homeland Security; and
(B) where appropriate, work with heads of other appropriate agencies, including the Office of Refugee Resettlement of the Department of Health and Human Services and the Executive Office for Immigration Review of the Department of Justice.
(3) Manner of collection The data collected to inform the metrics developed in accordance with paragraph (1) shall be collected and reported in a consistent and standardized manner across all United States ports of entry, informed by situational awareness.
(d) Metrics for securing the maritime border (1) In general Not later than 180 days after December 23, 2016, the Secretary shall develop metrics, informed by situational awareness, to measure the effectiveness of security in the maritime environment. The Secretary shall annually implement the metrics developed under this subsection, which shall include the following:
(A) Situational awareness achieved in the maritime environment.
(B) A known maritime migrant flow rate.
(C) An illicit drugs removal rate for drugs removed inside and outside of a transit zone, which compares the amount and type of illicit drugs removed, including drugs abandoned at sea, by the maritime security components of the Department of Homeland Security in any fiscal year to the average of the amount and type of illicit drugs removed by such maritime components for the immediately preceding five fiscal years.
(D) In consultation with the heads of the Office of National Drug Control Policy and the United States Southern Command, a cocaine removal effectiveness rate for cocaine removed inside a transit zone and outside a transit zone, which compares the amount of cocaine removed by the maritime security components of the Department of Homeland Security by the total documented cocaine flow rate, as contained in Federal drug databases.
(E) A response rate, which compares the ability of the maritime security components of the Department of Homeland Security to respond to and resolve known maritime threats, whether inside or outside a transit zone, by placing assets on-scene, to the total number of events with respect to which the Department has known threat information.
(F) An intergovernmental response rate, which compares the ability of the maritime security components of the Department of Homeland Security or other United States Government entities to respond to and resolve actionable maritime threats, whether inside or outside a transit zone, with the number of such threats detected.
(2) Metrics consultation To ensure that authoritative data sources are utilized in the development of the metrics described in paragraph (1), the Secretary shall—
(A) consult with the heads of the appropriate components of the Department of Homeland Security; and
(B) where appropriate, work with the heads of other agencies, including the Drug Enforcement Agency, the Department of Defense, and the Department of Justice.
(3) Manner of collection The data used by the Secretary shall be collected and reported in a consistent and standardized manner by the maritime security components of the Department of Homeland Security, informed by situational awareness.
(e) Air and Marine security metrics in the land domain (1) In general Not later than 180 days after December 23, 2016, the Secretary shall develop metrics, informed by situational awareness, to measure the effectiveness of the aviation assets and operations of Air and Marine Operations of U.S. Customs and Border Protection. The Secretary shall annually implement the metrics developed under this subsection, which shall include the following:
(A) A flight hour effectiveness rate, which compares Air and Marine Operations flight hours requirements to the number of flight hours flown by Air and Marine Operations.
(B) A funded flight hour effectiveness rate, which compares the number of funded flight hours appropriated to Air and Marine Operations to the number of actual flight hours flown by Air and Marine Operations.
(C) A readiness rate, which compares the number of aviation missions flown by Air and Marine Operations to the number of aviation missions cancelled by Air and Marine Operations due to maintenance, operations, or other causes.
(D) The number of missions cancelled by Air and Marine Operations due to weather compared to the total planned missions.
(E) The number of individuals detected by Air and Marine Operations through the use of unmanned aerial systems and manned aircraft.
(F) The number of apprehensions assisted by Air and Marine Operations through the use of unmanned aerial systems and manned aircraft.
(G) The number and quantity of illicit drug seizures assisted by Air and Marine Operations through the use of unmanned aerial systems and manned aircraft.
(H) The number of times that actionable intelligence related to border security was obtained through the use of unmanned aerial systems and manned aircraft.
(2) Metrics consultation To ensure that authoritative data sources are utilized in the development of the metrics described in paragraph (1), the Secretary shall—
(A) consult with the heads of the appropriate components of the Department of Homeland Security; and
(B) as appropriate, work with the heads of other departments and agencies, including the Department of Justice.
(3) Manner of collection The data collected to inform the metrics developed in accordance with paragraph (1) shall be collected and reported in a consistent and standardized manner by Air and Marine Operations, informed by situational awareness.
(f) Data transparency The Secretary shall—
(1) in accordance with applicable privacy laws, make data related to apprehensions, inadmissible aliens, drug seizures, and other enforcement actions available to the public, law enforcement communities, and academic research communities; and
(2) provide the Office of Immigration Statistics of the Department of Homeland Security with unfettered access to the data referred to in paragraph (1).
(g) Evaluation by the Government Accountability Office and the Secretary (1) Metrics report (A) Mandatory disclosures The Secretary shall submit to the appropriate congressional committees and the Comptroller General of the United States an annual report containing the metrics required under this section and the data and methodology used to develop such metrics.
(B) Permissible disclosures The Secretary, for the purpose of validation and verification, may submit the annual report described in subparagraph (A) to—
(i) the Center for Borders, Trade, and Immigration Research of the Centers of Excellence network of the Department of Homeland Security;
(ii) the head of a national laboratory within the Department of Homeland Security laboratory network with prior expertise in border security; and
(iii) a Federally Funded Research and Development Center.
(2) GAO report Not later than 270 days after receiving the first report under paragraph (1)(A) and biennially thereafter for the following ten years with respect to every other such report, the Comptroller General of the United States shall submit to the appropriate congressional committees a report that—
(A) analyzes the suitability and statistical validity of the data and methodology contained in each such report; and
(B) includes recommendations on—
(i) the feasibility of other suitable metrics that may be used to measure the effectiveness of border security; and
(ii) improvements that need to be made to the metrics being used to measure the effectiveness of border security.
(3) State of the Border report Not later than 60 days after the end of each fiscal year through fiscal year 2026, the Secretary shall submit to the appropriate congressional committees a “State of the Border” report that—
(A) provides trends for each metric under this section for the last ten fiscal years, to the greatest extent possible;
(B) provides selected analysis into related aspects of illegal flow rates, including undocumented migrant flows and stock estimation techniques;
(C) provides selected analysis into related aspects of legal flow rates; and
(D) includes any other information that the Secretary determines appropriate.
(4) Metrics update (A) In general After submitting the tenth report to the Comptroller General under paragraph (1), the Secretary may reevaluate and update any of the metrics developed in accordance with this section to ensure that such metrics are suitable to measure the effectiveness of border security.
(B) Congressional notification Not later than 30 days before updating the metrics pursuant to subparagraph (A), the Secretary shall notify the appropriate congressional committees of such updates.
(Pub. L. 114328, div. A, title X, § 1092, Dec. 23, 2016, 130 Stat. 2429.)
## Notes
Editorial Notes
Codification Section was enacted as part of the National Defense Authorization Act for Fiscal Year 2017, and not as part of the Homeland Security Act of 2002 which comprises this chapter.
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# 6 U.S.C. § 224 - Other reporting requirements
## Text
(a) Unidentified remains (1) Reporting requirement Not later than 1 year after December 31, 2020, and annually thereafter, the Commissioner of U.S. Customs and Border Protection shall submit a report to the appropriate committees of Congress regarding all unidentified remains discovered, during the reporting period, on or near the border between the United States and Mexico, including—
(A) for each deceased person—
(i) the cause and manner of death, if known;
(ii) the sex, age (at time of death), and country of origin (if such information is determinable); and
(iii) the location of each unidentified remain;
(B) the total number of deceased people whose unidentified remains were discovered by U.S. Customs and Border Protection during the reporting period;
(C) to the extent such information is available to U.S. Customs and Border Protection, the total number of deceased people whose unidentified remains were discovered by Federal, State, local or Tribal law enforcement officers, military personnel, or medical examiners offices;
(D) the efforts of U.S. Customs and Border Protection to engage with nongovernmental organizations, institutions of higher education, medical examiners and coroners, and law enforcement agencies—
(i) to identify and map the locations at which migrant deaths occur; and
(ii) to count the number of deaths that occur at such locations; and
(E) a detailed description of U.S. Customs and Border Protections Missing Migrant Program, including how the program helps mitigate migrant deaths while maintaining border security.
(2) Public disclosure Not later than 30 days after each report required under paragraph (1) is submitted, the Commissioner of U.S. Customs and Border Protection shall publish on the website of the agency the information described in subparagraphs (A), (B), and (C) of paragraph (1) during each reporting period.
(b) Rescue beacons Not later than 1 year after December 31, 2020, and annually thereafter, the Commissioner of U.S. Customs and Border Protection shall submit a report to the appropriate committees of Congress regarding the use of rescue beacons along the border between the United States and Mexico, including, for the reporting period—
(1) the number of rescue beacons in each border patrol sector;
(2) the specific location of each rescue beacon;
(3) the frequency with which each rescue beacon was activated by a person in distress;
(4) a description of the nature of the distress that resulted in each rescue beacon activation (if such information is determinable); and
(5) an assessment, in consultation with local stakeholders, including elected officials, nongovernmental organizations, and landowners, of necessary additional rescue beacons and recommendations for locations for deployment to reduce migrant deaths.
(c) GAO report Not later than 6 months after the report required under subsection (a) is submitted to the appropriate committees of Congress, the Comptroller General of the United States shall submit a report to the same committees that describes—
(1) how U.S. Customs and Border Protection collects and records border-crossing death data;
(2) the differences (if any) in U.S. Customs and Border Protection border-crossing death data collection methodology across its sectors;
(3) how U.S. Customs and Border Protections data and statistical analysis on trends in the numbers, locations, causes, and characteristics of border-crossing deaths compare to other sources of data on these deaths, including border county medical examiners and coroners and the Centers for Disease Control and Prevention;
(4) how U.S. Customs and Border Protection measures the effectiveness of its programs to mitigate migrant deaths; and
(5) the extent to which U.S. Customs and Border Protection engages Federal, State, local, and Tribal governments, foreign diplomatic and consular posts, and nongovernmental organizations—
(A) to accurately identify deceased individuals;
(B) to resolve cases involving unidentified remains;
(C) to resolve cases involving unidentified persons; and
(D) to share information on missing persons and unidentified remains, specifically with the National Missing and Unidentified Persons System (NamUs).
(Pub. L. 116277, § 5, Dec. 31, 2020, 134 Stat. 3370.)
## Notes
Editorial Notes
Codification Section was enacted as part of Missing Persons and Unidentified Remains Act of 2019, and not as part of the Homeland Security Act of 2002 which comprises this chapter.
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# 6 U.S.C. § 225 - Reports, evaluations, and research regarding drug interdiction at and between ports of entry
## Text
(a) Research on additional technologies to detect fentanyl Not later than one year after December 23, 2022, the Secretary of Homeland Security, in consultation with the Attorney General, the Secretary of Health and Human Services, and the Director of the Office of National Drug Control Policy, shall research additional technological solutions to—
(1) target and detect illicit fentanyl, fentanyl analogs, and precursor chemicals, including low-purity fentanyl, especially in counterfeit pressed tablets, and illicit pill press molds; and
(2) enhance detection of such counterfeit pressed tablets through nonintrusive, noninvasive, and other advanced screening technologies.
(b) Evaluation of current technologies and strategies in illicit drug interdiction and procurement decisions (1) In general The Secretary of Homeland Security, in consultation with the Attorney General, the Secretary of Health and Human Services, and the Director of the Office of National Drug Control Policy, shall establish a program to collect available data and develop metrics to measure how technologies and strategies used by the Department of Homeland Security, U.S. Customs and Border Protection, U.S. Immigration and Customs Enforcement, and other relevant Federal agencies have helped detect trafficked illicit fentanyl, fentanyl analogs, and precursor chemicals or deter illicit fentanyl, fentanyl analogs, and precursor chemicals from being trafficked into the United States at and between land, air, and sea ports of entry.
(2) Considerations The data and metrics program established pursuant to paragraph (1) may consider—
(A) the rate of detection of illicit fentanyl, fentanyl analogs, and precursor chemicals at land, air, and sea ports of entry;
(B) investigations and intelligence sharing into the origins of illicit fentanyl, fentanyl analogs, and precursor chemicals within the United States; and
(C) other data or metrics considered appropriate by the Secretary of Homeland Security.
(3) Updates The Secretary of Homeland Security, as appropriate and in the coordination with the officials referred to in paragraph (1), may update the data and metrics program established pursuant to paragraph (1).
(4) Reports (A) Secretary of Homeland Security Not later than one year after December 23, 2022, and biennially thereafter, the Secretary of Homeland Security, in consultation with the Attorney General, the Secretary of Health and Human Services, and the Director of the Office of National Drug Control Policy shall, based on the data collected and metrics developed pursuant to the program established pursuant to paragraph (1), submit to the Committee on Homeland Security, the Committee on Energy and Commerce, the Committee on Science, Space, and Technology, and the Committee on the Judiciary of the House of Representatives and the Committee on Homeland Security and Governmental Affairs, the Committee on Commerce, Science, and Transportation, and the Committee on the Judiciary of the Senate a report that—
(i) examines and analyzes current technologies, including pilot technologies, deployed at land, air, and sea ports of entry to assess how well such technologies detect, deter, and address illicit fentanyl, fentanyl analogs, and precursor chemicals; and
(ii) examines and analyzes current technologies, including pilot technologies, deployed between land ports of entry to assess how well and accurately such technologies detect, deter, interdict, and address illicit fentanyl, fentanyl analogs, and precursor chemicals; 11 So in original. The semicolon probably should be a period.
(B) Government Accountability Office Not later than one year after the submission of each of the first three reports required under subparagraph (A), the Comptroller General of the United States shall submit to the Committee on Homeland Security, the Committee on Energy and Commerce, the Committee on Science, Space, and Technology, and the Committee on the Judiciary of the House of Representatives and the Committee on Homeland Security and Governmental Affairs, the Committee on Commerce, Science, and Transportation, and the Committee on the Judiciary of the Senate a report that evaluates and, as appropriate, makes recommendations to improve, the collection of data under the program established pursuant to paragraph (1) and metrics used in the subsequent reports required under such subparagraph.
(Pub. L. 117263, div. G, title LXXI, § 7136, Dec. 23, 2022, 136 Stat. 3650.)
## Notes
Editorial Notes
Codification Section was enacted as part of the James M. Inhofe National Defense Authorization Act for Fiscal Year 2023, and not as part of the Homeland Security Act of 2002 which comprises this chapter.
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# 6 U.S.C. § 226 - Ensuring timely updates to U.S. Customs and Border Protection field manuals
## Text
(a) In general Not less frequently than triennially, the Commissioner of U.S. Customs and Border Protection shall review and update, as necessary, the current policies and manuals of the Office of Field Operations related to inspections at ports of entry to ensure the uniform implementation of inspection practices that will effectively respond to technological and methodological changes designed to disguise illegal activity, such as the smuggling of drugs and humans, along the border.
(b) Reporting requirement Shortly after each update required under subsection (a), the Commissioner of U.S. Customs and Border Protection shall submit a report to the Committee on Homeland Security and Governmental Affairs of the Senate and the Committee on Homeland Security of the House of Representatives that summarizes the policy and manual changes implemented by such update.
(Pub. L. 11843, § 2, Mar. 18, 2024, 138 Stat. 453.)
## Notes
Editorial Notes
Codification Section was enacted as part of the Eradicating Narcotic Drugs and Formulating Effective New Tools to Address National Yearly Losses of life Act, also known as the END FENTANYL Act, and not as part of the Homeland Security Act of 2002 which comprises this chapter.
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# 6 U.S.C. § 231 - Transfer of certain agricultural inspection functions of the Department of Agriculture
## Text
(a) Transfer of agricultural import and entry inspection functions There shall be transferred to the Secretary the functions of the Secretary of Agriculture relating to agricultural import and entry inspection activities under the laws specified in subsection (b).
(b) Covered animal and plant protection laws The laws referred to in subsection (a) are the following:
(1) The Act commonly known as the Virus-Serum-Toxin Act (the eighth paragraph under the heading “Bureau of Animal Industry” in the Act of March 4, 1913; 21 U.S.C. 151 et seq.).
(2) Section 1 of the Act of August 31, 1922 (commonly known as the Honeybee Act; 7 U.S.C. 281).
(3) Title III of the Federal Seed Act (7 U.S.C. 1581 et seq.).
(4) The Plant Protection Act (7 U.S.C. 7701 et seq.).
(5) The Animal Health Protection Act (subtitle E of title X of Public Law 107171; 7 U.S.C. 8301 et seq.).
(6) The Lacey Act Amendments of 1981 (16 U.S.C. 3371 et seq.).
(7) Section 11 of the Endangered Species Act of 1973 (16 U.S.C. 1540).
(c) Exclusion of quarantine activities For purposes of this section, the term “functions” does not include any quarantine activities carried out under the laws specified in subsection (b).
(d) Effect of transfer (1) Compliance with Department of Agriculture regulations The authority transferred pursuant to subsection (a) shall be exercised by the Secretary in accordance with the regulations, policies, and procedures issued by the Secretary of Agriculture regarding the administration of the laws specified in subsection (b).
(2) Rulemaking coordination The Secretary of Agriculture shall coordinate with the Secretary whenever the Secretary of Agriculture prescribes regulations, policies, or procedures for administering the functions transferred under subsection (a) under a law specified in subsection (b).
(3) Effective administration The Secretary, in consultation with the Secretary of Agriculture, may issue such directives and guidelines as are necessary to ensure the effective use of personnel of the Department of Homeland Security to carry out the functions transferred pursuant to subsection (a).
(e) Transfer agreement (1) Agreement required; revision Before the end of the transition period, as defined in section 541 of this title, the Secretary of Agriculture and the Secretary shall enter into an agreement to effectuate the transfer of functions required by subsection (a) of this section. The Secretary of Agriculture and the Secretary may jointly revise the agreement as necessary thereafter.
(2) Required terms The agreement required by this subsection shall specifically address the following:
(A) The supervision by the Secretary of Agriculture of the training of employees of the Secretary to carry out the functions transferred pursuant to subsection (a).
(B) The transfer of funds to the Secretary under subsection (f).
(3) Cooperation and reciprocity The Secretary of Agriculture and the Secretary may include as part of the agreement the following:
(A) Authority for the Secretary to perform functions delegated to the Animal and Plant Health Inspection Service of the Department of Agriculture regarding the protection of domestic livestock and plants, but not transferred to the Secretary pursuant to subsection (a).
(B) Authority for the Secretary of Agriculture to use employees of the Department of Homeland Security to carry out authorities delegated to the Animal and Plant Health Inspection Service regarding the protection of domestic livestock and plants.
(f) Periodic transfer of funds to Department of Homeland Security (1) Transfer of funds Out of funds collected by fees authorized under sections 136 and 136a of title 21, the Secretary of Agriculture shall transfer, from time to time in accordance with the agreement under subsection (e), to the Secretary funds for activities carried out by the Secretary for which such fees were collected.
(2) Limitation The proportion of fees collected pursuant to such sections that are transferred to the Secretary under this subsection may not exceed the proportion of the costs incurred by the Secretary to all costs incurred to carry out activities funded by such fees.
(g) Transfer of Department of Agriculture employees Not later than the completion of the transition period defined under section 541 of this title, the Secretary of Agriculture shall transfer to the Secretary not more than 3,200 full-time equivalent positions of the Department of Agriculture.
(Pub. L. 107296, title IV, § 421, Nov. 25, 2002, 116 Stat. 2182.)
## Notes
Editorial Notes
References in TextThe Virus-Serum-Toxin Act, referred to in subsec. (b)(1), is the eighth paragraph under the heading “Bureau of Animal Industry” in act Mar. 4, 1913, ch. 145, 37 Stat. 832, 833, which is classified generally to chapter 5 (§ 151 et seq.) of Title 21, Food and Drugs. For complete classification of this Act to the Code, see Short Title note set out under section 151 of Title 21 and Tables. The Federal Seed Act, referred to in subsec. (b)(3), is act Aug. 9, 1939, ch. 615, 53 Stat. 1275. Title III of the Act is classified generally to subchapter III (§ 1581 et seq.) of chapter 37 of Title 7, Agriculture. For complete classification of this Act to the Code, see section 1551 of Title 7 and Tables. The Plant Protection Act, referred to in subsec. (b)(4), is title IV of Pub. L. 106224, June 20, 2000, 114 Stat. 438, which is classified principally to chapter 104 (§ 7701 et seq.) of Title 7, Agriculture. For complete classification of this Act to the Code, see Short Title note set out under section 7701 of Title 7 and Tables. The Animal Health Protection Act, referred to in subsec. (b)(5), is subtitle E (§§ 1040110418) of title X of Pub. L. 107171, May 13, 2002, 116 Stat. 494, which is classified principally to chapter 109 (§ 8301 et seq.) of Title 7, Agriculture. For complete classification of this Act to the Code, see Short Title note set out under section 8301 of Title 7 and Tables. The Lacey Act Amendments of 1981, referred to in subsec. (b)(6), is Pub. L. 9779, Nov. 16, 1981, 95 Stat. 1073, which enacted chapter 53 (§ 3371 et seq.) of Title 16, Conservation, amended section 1540 of Title 16 and section 42 of Title 18, Crimes and Criminal Procedure, repealed sections 667e and 851 to 856 of Title 16 and sections 43, 44, 3054, and 3112 of Title 18, and enacted provisions set out as notes under sections 1540 and 3371 of Title 16. For complete classification of this Act to the Code, see Short Title note set out under section 3371 of Title 16 and Tables.
Codification Section is comprised of section 421 of Pub. L. 107296. Subsec. (h) of section 421 of Pub. L. 107296 amended sections 2279e and 2279f of Title 7, Agriculture.
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# 6 U.S.C. § 232 - Functions of Administrator of General Services
## Text
(a) Operation, maintenance, and protection of Federal buildings and grounds Nothing in this chapter may be construed to affect the functions or authorities of the Administrator of General Services with respect to the operation, maintenance, and protection of buildings and grounds owned or occupied by the Federal Government and under the jurisdiction, custody, or control of the Administrator. Except for the law enforcement and related security functions transferred under section 203(3) of this title, the Administrator shall retain all powers, functions, and authorities vested in the Administrator under chapter 1, except section 121(e)(2)(A), and chapters 5 to 11 of title 40 and other provisions of law that are necessary for the operation, maintenance, and protection of such buildings and grounds.
(b) Collection of rents and fees; Federal Buildings Fund (1) Statutory construction Nothing in this chapter may be construed—
(A) to direct the transfer of, or affect, the authority of the Administrator of General Services to collect rents and fees, including fees collected for protective services; or
(B) to authorize the Secretary or any other official in the Department to obligate amounts in the Federal Buildings Fund established by section 592 of title 40.
(2) Use of transferred amounts Any amounts transferred by the Administrator of General Services to the Secretary out of rents and fees collected by the Administrator shall be used by the Secretary solely for the protection of buildings or grounds owned or occupied by the Federal Government.
(Pub. L. 107296, title IV, § 422, Nov. 25, 2002, 116 Stat. 2184.)
## Notes
Editorial Notes
References in TextThis chapter, referred to in subsecs. (a) and (b)(1), was in the original “this Act”, meaning Pub. L. 107296, Nov. 25, 2002, 116 Stat. 2135, known as the Homeland Security Act of 2002, which is classified principally to this chapter. For complete classification of this Act to the Code, see Short Title note set out under section 101 of this title and Tables.
Codification “Chapter 1, except section 121(e)(2)(A), and chapters 5 to 11 of title 40” substituted in subsec. (a) for “chapter 10 of title 40” and “section 592 of title 40” substituted in subsec. (b)(1)(B) for “section 490(f) of title 40” on authority of Pub. L. 107217, § 5(c), Aug. 21, 2002, 116 Stat. 1303, the first section of which enacted Title 40, Public Buildings, Property, and Works.
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# 6 U.S.C. § 233 - Functions of Transportation Security Administration
## Text
(a) Consultation with Federal Aviation Administration The Secretary and other officials in the Department shall consult with the Administrator of the Federal Aviation Administration before taking any action that might affect aviation safety, air carrier operations, aircraft airworthiness, or the use of airspace. The Secretary shall establish a liaison office within the Department for the purpose of consulting with the Administrator of the Federal Aviation Administration.
(b) Report to Congress Not later than 60 days after November 25, 2002, the Secretary of Transportation shall transmit to Congress a report containing a plan for complying with the requirements of section 44901(d) of title 49.
(c) Limitations on statutory construction (1) Grant of authority Nothing in this chapter may be construed to vest in the Secretary or any other official in the Department any authority over transportation security that is not vested in the Under Secretary of Transportation for Security, or in the Secretary of Transportation under chapter 449 of title 49 on the day before November 25, 2002.
(2) Obligation of AIP funds Nothing in this chapter may be construed to authorize the Secretary or any other official in the Department to obligate amounts made available under section 48103 of title 49.
(Pub. L. 107296, title IV, § 423, Nov. 25, 2002, 116 Stat. 2185.)
## Notes
Editorial Notes
References in TextThis chapter, referred to in subsec. (c), was in the original “this Act”, meaning Pub. L. 107296, Nov. 25, 2002, 116 Stat. 2135, known as the Homeland Security Act of 2002, which is classified principally to this chapter. For complete classification of this Act to the Code, see Short Title note set out under section 101 of this title and Tables.
Statutory Notes and Related Subsidiaries
Change of Name Reference to Under Secretary of Transportation for Security deemed to refer to Administrator of the Transportation Security Administration, see section 1994 of Pub. L. 115254, set out as a note under section 114 of Title 49, Transportation.
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# 6 U.S.C. § 234 - Preservation of Transportation Security Administration as a distinct entity
## Text
Notwithstanding any other provision of this chapter, the Transportation Security Administration shall be maintained as a distinct entity within the Department.
(Pub. L. 107296, title IV, § 424, as added Pub. L. 114125, title VIII, § 802(g)(1)(B)(iv)(I), Feb. 24, 2016, 130 Stat. 212.)
## Notes
Editorial Notes
References in TextThis chapter, referred to in text, was in the original “this Act”, meaning Pub. L. 107296, Nov. 25, 2002, 116 Stat. 2135, known as the Homeland Security Act of 2002, which is classified principally to this chapter. For complete classification of this Act to the Code, see Short Title note set out under section 101 of this title and Tables.
Prior ProvisionsA prior section 234, Pub. L. 107296, title IV, § 424, Nov. 25, 2002, 116 Stat. 2185, provided for the preservation of the Transportation Security Administration as a distinct entity applicable until 2 years after Nov. 25, 2002, prior to repeal by Pub. L. 114125, title VIII, § 802(g)(1)(B)(iv)(I), Feb. 24, 2016, 130 Stat. 212.
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# 6 U.S.C. § 235 - Coordination of information and information technology
## Text
(a) Definition of affected agency In this section, the term “affected agency” means—
(1) the Department;
(2) the Department of Agriculture;
(3) the Department of Health and Human Services; and
(4) any other department or agency determined to be appropriate by the Secretary.
(b) Coordination The Secretary, in coordination with the Secretary of Agriculture, the Secretary of Health and Human Services, and the head of each other department or agency determined to be appropriate by the Secretary, shall ensure that appropriate information (as determined by the Secretary) concerning inspections of articles that are imported or entered into the United States, and are inspected or regulated by 1 or more affected agencies, is timely and efficiently exchanged between the affected agencies.
(c) Report and plan Not later than 18 months after November 25, 2002, the Secretary, in consultation with the Secretary of Agriculture, the Secretary of Health and Human Services, and the head of each other department or agency determined to be appropriate by the Secretary, shall submit to Congress—
(1) a report on the progress made in implementing this section; and
(2) a plan to complete implementation of this section.
(Pub. L. 107296, title IV, § 427, Nov. 25, 2002, 116 Stat. 2187.)
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# 6 U.S.C. § 236 - Visa issuance
## Text
(a) Definition In this subsection,11 So in original. Probably should be “section”. the term “consular office” 22 So in original. Probably should be “ consular officer ”. has the meaning given that term under section 101(a)(9) of the Immigration and Nationality Act (8 U.S.C. 1101(a)(9)).
(b) In general Notwithstanding section 104(a) of the Immigration and Nationality Act (8 U.S.C. 1104(a)) or any other provision of law, and except as provided in subsection (c) of this section, the Secretary—
(1) shall be vested exclusively with all authorities to issue regulations with respect to, administer, and enforce the provisions of such Act [8 U.S.C. 1101 et seq.], and of all other immigration and nationality laws, relating to the functions of consular officers of the United States in connection with the granting or refusal of visas, and shall have the authority to refuse visas in accordance with law and to develop programs of homeland security training for consular officers (in addition to consular training provided by the Secretary of State), which authorities shall be exercised through the Secretary of State, except that the Secretary shall not have authority to alter or reverse the decision of a consular officer to refuse a visa to an alien; and
(2) shall have authority to confer or impose upon any officer or employee of the United States, with the consent of the head of the executive agency under whose jurisdiction such officer or employee is serving, any of the functions specified in paragraph (1).
(c) Authority of the Secretary of State (1) In general Notwithstanding subsection (b), the Secretary of State may direct a consular officer to refuse a visa to an alien if the Secretary of State deems such refusal necessary or advisable in the foreign policy or security interests of the United States.
(2) Construction regarding authority Nothing in this section, consistent with the Secretary of Homeland Securitys authority to refuse visas in accordance with law, shall be construed as affecting the authorities of the Secretary of State under the following provisions of law:
(A) Section 101(a)(15)(A) of the Immigration and Nationality Act (8 U.S.C. 1101(a)(15)(A)).
(B) Section 204(d)(2) of the Immigration and Nationality Act (8 U.S.C. 1154) (as it will take effect upon the entry into force of the Convention on Protection of Children and Cooperation in Respect to Inter-Country adoption).
(C) Section 212(a)(3)(B)(i)(IV)(bb) of the Immigration and Nationality Act (8 U.S.C. 1182(a)(3)(B)(i)(IV)(bb)).
(D) Section 212(a)(3)(B)(i)(VI) of the Immigration and Nationality Act (8 U.S.C. 1182(a)(3)(B)(i)(VI)).
(E) Section 212(a)(3)(B)(vi)(II) of the Immigration and Nationality Act (8 U.S.C. 1182(a)(3)(B)(vi)(II)).
(F) Section 212(a)(3)(C) of the Immigration and Nationality Act (8 U.S.C. 1182(a)(3)(C)).
(G) Section 212(a)(10)(C) of the Immigration and Nationality Act (8 U.S.C. 1182(a)(10)(C)).
(H) Section 212(f) of the Immigration and Nationality Act (8 U.S.C. 1182(f)).
(I) Section 219(a) of the Immigration and Nationality Act (8 U.S.C. 1189(a)).
(J) Section 237(a)(4)(C) of the Immigration and Nationality Act (8 U.S.C. 1227(a)(4)(C)).
(K) Section 401 of the Cuban Liberty and Democratic Solidarity (LIBERTAD) Act of 1996 [22 U.S.C. 6091].
(L) Section 613 of the Departments of Commerce, Justice, and State, the Judiciary and Related Agencies Appropriations Act, 1999 33 See References in Text note below. (as contained in section 101(b) of division A of Public Law 105277) (Omnibus Consolidated and Emergency Supplemental Appropriations Act, 1999); 112 Stat. 2681; H.R. 4328 (originally H.R. 4276) as amended by section 617 of Public Law 106553.
(M) Section 103(f) of the Chemical Weapon Convention Implementation Act of 1998 [22 U.S.C. 6713(f)] (112 Stat. 2681865).
(N) Section 801 of H.R. 3427, the Admiral James W. Nance and Meg Donovan Foreign Relations Authorization Act, Fiscal Years 2000 and 2001 [8 U.S.C. 1182e], as enacted by reference in Public Law 106113.
(O) Section 568 of the Foreign Operations, Export Financing, and Related Programs Appropriations Act, 2002 (Public Law 107115).
(P) Section 51 of the State Department Basic Authorities Act of 1956 (22 U.S.C. 2723).
(d) Consular officers and chiefs of missions (1) In general Nothing in this section may be construed to alter or affect—
(A) the employment status of consular officers as employees of the Department of State; or
(B) the authority of a chief of mission under section 207 of the Foreign Service Act of 1980 (22 U.S.C. 3927).
(2) Construction regarding delegation of authority Nothing in this section shall be construed to affect any delegation of authority to the Secretary of State by the President pursuant to any proclamation issued under section 212(f) of the Immigration and Nationality Act (8 U.S.C. 1182(f)), consistent with the Secretary of Homeland Securitys authority to refuse visas in accordance with law.
(e) Assignment of Homeland Security employees to diplomatic and consular posts (1) In general The Secretary is authorized to assign employees of the Department to each diplomatic and consular post at which visas are issued, unless the Secretary determines that such an assignment at a particular post would not promote homeland security.
(2) Functions Employees assigned under paragraph (1) shall perform the following functions:
(A) Provide expert advice and training to consular officers regarding specific security threats relating to the adjudication of individual visa applications or classes of applications.
(B) Review any such applications, either on the initiative of the employee of the Department or upon request by a consular officer or other person charged with adjudicating such applications.
(C) Conduct investigations with respect to consular matters under the jurisdiction of the Secretary.
(3) Evaluation of consular officers The Secretary of State shall evaluate, in consultation with the Secretary, as deemed appropriate by the Secretary, the performance of consular officers with respect to the processing and adjudication of applications for visas in accordance with performance standards developed by the Secretary for these procedures.
(4) Report The Secretary shall, on an annual basis, submit a report to Congress that describes the basis for each determination under paragraph (1) that the assignment of an employee of the Department at a particular diplomatic post would not promote homeland security.
(5) Permanent assignment; participation in terrorist lookout committee When appropriate, employees of the Department assigned to perform functions described in paragraph (2) may be assigned permanently to overseas diplomatic or consular posts with country-specific or regional responsibility. If the Secretary so directs, any such employee, when present at an overseas post, shall participate in the terrorist lookout committee established under section 304 of the Enhanced Border Security and Visa Entry Reform Act of 2002 (8 U.S.C. 1733).
(6) Training and hiring (A) In general The Secretary shall ensure, to the extent possible, that any employees of the Department assigned to perform functions under paragraph (2) and, as appropriate, consular officers, shall be provided the necessary training to enable them to carry out such functions, including training in foreign languages, interview techniques, and fraud detection techniques, in conditions in the particular country where each employee is assigned, and in other appropriate areas of study.
(B) Use of Center The Secretary is authorized to use the National Foreign Affairs Training Center, on a reimbursable basis, to obtain the training described in subparagraph (A).
(7) Report Not later than 1 year after November 25, 2002, the Secretary and the Secretary of State shall submit to Congress—
(A) a report on the implementation of this subsection; and
(B) any legislative proposals necessary to further the objectives of this subsection.
(8) Effective date This subsection shall take effect on the earlier of—
(A) the date on which the President publishes notice in the Federal Register that the President has submitted a report to Congress setting forth a memorandum of understanding between the Secretary and the Secretary of State governing the implementation of this section; or
(B) the date occurring 1 year after November 25, 2002.
(f) No creation of private right of action Nothing in this section shall be construed to create or authorize a private right of action to challenge a decision of a consular officer or other United States official or employee to grant or deny a visa.
(g) Study regarding use of foreign nationals (1) In general The Secretary of Homeland Security shall conduct a study of the role of foreign nationals in the granting or refusal of visas and other documents authorizing entry of aliens into the United States. The study shall address the following:
(A) The proper role, if any, of foreign nationals in the process of rendering decisions on such grants and refusals.
(B) Any security concerns involving the employment of foreign nationals.
(C) Whether there are cost-effective alternatives to the use of foreign nationals.
(2) Report Not later than 1 year after November 25, 2002, the Secretary shall submit a report containing the findings of the study conducted under paragraph (1) to the Committee on the Judiciary, the Committee on International Relations, and the Committee on Government Reform of the House of Representatives, and the Committee on the Judiciary, the Committee on Foreign Relations, and the Committee on Government 44 So in original. Probably should be “Governmental”. Affairs of the Senate.
(h) Report Not later than 120 days after November 25, 2002, the Director of the Office of Science and Technology Policy shall submit to Congress a report on how the provisions of this section will affect procedures for the issuance of student visas.
(i) Visa issuance program for Saudi Arabia Notwithstanding any other provision of law, after November 25, 2002, all third party screening programs in Saudi Arabia shall be terminated. On-site personnel of the Department of Homeland Security shall review all visa applications prior to adjudication.
(Pub. L. 107296, title IV, § 428, Nov. 25, 2002, 116 Stat. 2187.)
## Notes
Editorial Notes
References in TextThe Immigration and Nationality Act, referred to in subsec. (b)(1), is act June 27, 1952, ch. 477, 66 Stat. 163, which is classified principally to chapter 12 (§ 1101 et seq.) of Title 8, Aliens and Nationality. For complete classification of this Act to the Code, see Short Title note set out under section 1101 of Title 8 and Tables. Section 613 of the Departments of Commerce, Justice, and State, the Judiciary and Related Agencies Appropriations Act, 1999, referred to in subsec. (c)(2)(L), probably means section 101(b) [title VI, § 616] of Pub. L. 105277, div. A, Oct. 21, 1998, 112 Stat. 268150, 2681114, which prohibits use of funds for issuance of visas to persons alleged to have ordered, carried out, or materially assisted in extrajudicial and political killings in Haiti and to certain others and is not classified to the Code. Section 103(f) of the Chemical Weapon Convention Implementation Act of 1998, referred to in subsec. (c)(2)(M), probably means section 103(f) of the Chemical Weapons Convention Implementation Act of 1998, which is classified to section 6713(f) of Title 22, Foreign Relations and Intercourse. Section 568 of the Foreign Operations, Export Financing, and Related Programs Appropriations Act, 2002, referred to in subsec. (c)(2)(O), is section 568 of title V of Pub. L. 107115, Jan. 10, 2002, 115 Stat. 2166, which is not classified to the Code.
Statutory Notes and Related Subsidiaries
Change of Name References to National Foreign Affairs Training Center considered to refer to George P. Shultz National Foreign Affairs Training Center, see section 1(b) of Pub. L. 107132, set out as a note under section 4021 of Title 22, Foreign Relations and Intercourse. Committee on International Relations of House of Representatives changed to Committee on Foreign Affairs of House of Representatives by House Resolution No. 6, One Hundred Tenth Congress, Jan. 5, 2007. Committee on Government Reform of House of Representatives changed to Committee on Oversight and Government Reform of House of Representatives by House Resolution No. 6, One Hundred Tenth Congress, Jan. 5, 2007. Committee on Oversight and Government Reform of House of Representatives changed to Committee on Oversight and Reform of House of Representatives by House Resolution No. 6, One Hundred Sixteenth Congress, Jan. 9, 2019. Committee on Oversight and Reform of House of Representatives changed to Committee on Oversight and Accountability of House of Representatives by House Resolution No. 5, One Hundred Eighteenth Congress, Jan. 9, 2023. Committee on Governmental Affairs of Senate changed to Committee on Homeland Security and Governmental Affairs of Senate, effective Jan. 4, 2005, by Senate Resolution No. 445, One Hundred Eighth Congress, Oct. 9, 2004.
@@ -0,0 +1,41 @@
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# 6 U.S.C. § 237 - Information on visa denials required to be entered into electronic data system
## Text
(a) In general Whenever a consular officer of the United States denies a visa to an applicant, the consular officer shall enter the fact and the basis of the denial and the name of the applicant into the interoperable electronic data system implemented under section 1722(a) of title 8.
(b) Prohibition In the case of any alien with respect to whom a visa has been denied under subsection (a)—
(1) no subsequent visa may be issued to the alien unless the consular officer considering the aliens visa application has reviewed the information concerning the alien placed in the interoperable electronic data system, has indicated on the aliens application that the information has been reviewed, and has stated for the record why the visa is being issued or a waiver of visa ineligibility recommended in spite of that information; and
(2) the alien may not be admitted to the United States without a visa issued in accordance with the procedures described in paragraph (1).
(Pub. L. 107296, title IV, § 429, Nov. 25, 2002, 116 Stat. 2191.)
@@ -0,0 +1,69 @@
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# 6 U.S.C. § 238 - Office for Domestic Preparedness
## Text
(a) Establishment There is established in the Department an Office for Domestic Preparedness.
(b) Director There shall be a Director of the Office for Domestic Preparedness, who shall be appointed by the President.
(c) Responsibilities The Office for Domestic Preparedness shall have the primary responsibility within the executive branch of Government for the preparedness of the United States for acts of terrorism, including—
(1) coordinating preparedness efforts at the Federal level, and working with all State, local, tribal, parish, and private sector emergency response providers on all matters pertaining to combating terrorism, including training, exercises, and equipment support;
(2) coordinating or, as appropriate, consolidating communications and systems of communications relating to homeland security at all levels of government;
(3) directing and supervising terrorism preparedness grant programs of the Federal Government (other than those programs administered by the Department of Health and Human Services) for all emergency response providers;
(4) incorporating the Strategy priorities into planning guidance on an agency level for the preparedness efforts of the Office for Domestic Preparedness;
(5) providing agency-specific training for agents and analysts within the Department, other agencies, and State and local agencies and international entities;
(6) as the lead executive branch agency for preparedness of the United States for acts of terrorism, cooperating closely with the Federal Emergency Management Agency, which shall have the primary responsibility within the executive branch to prepare for and mitigate the effects of nonterrorist-related disasters in the United States;
(7) assisting and supporting the Secretary, in coordination with other Directorates and entities outside the Department, in conducting appropriate risk analysis and risk management activities of State, local, and tribal governments consistent with the mission and functions of the Department;
(8) those elements of the Office of National Preparedness of the Federal Emergency Management Agency which relate to terrorism, which shall be consolidated within the Department in the Office for Domestic Preparedness established under this section; and
(9) helping to ensure the acquisition of interoperable communication technology by State and local governments and emergency response providers.
(d) Fiscal years 2003 and 2004 During fiscal year 2003 and fiscal year 2004, the Director of the Office for Domestic Preparedness established under this section shall manage and carry out those functions of the Office for Domestic Preparedness of the Department of Justice (transferred under this section) before September 11, 2001, under the same terms, conditions, policies, and authorities, and with the required level of personnel, assets, and budget before September 11, 2001.
(Pub. L. 107296, title IV, § 430, Nov. 25, 2002, 116 Stat. 2191; Pub. L. 108458, title VII, § 7303(h)(2), Dec. 17, 2004, 118 Stat. 3847; Pub. L. 112166, § 2(f)(1), Aug. 10, 2012, 126 Stat. 1284; Pub. L. 114125, title VIII, § 802(g)(1)(B)(iv)(II), Feb. 24, 2016, 130 Stat. 212.)
## Notes
Editorial Notes
Amendments2016—Subsec. (a). Pub. L. 114125, § 802(g)(1)(B)(iv)(II)(aa), amended subsec. (a) generally. Prior to amendment, text read as follows: “The Office for Domestic Preparedness shall be within the Directorate of Border and Transportation Security.” Subsec. (b). Pub. L. 114125, § 802(g)(1)(B)(iv)(II)(bb), struck out at end “The Director of the Office for Domestic Preparedness shall report directly to the Under Secretary for Border and Transportation Security.” Subsec. (c)(7). Pub. L. 114125, § 802(g)(1)(B)(iv)(II)(cc), substituted “functions of the Department” for “functions of the Directorate”. 2012—Subsec. (b). Pub. L. 112166 struck out “, by and with the advice and consent of the Senate” before period at end of first sentence. 2004—Subsec. (c)(9). Pub. L. 108458 added par. (9).
Statutory Notes and Related Subsidiaries
Effective Date of 2012 AmendmentAmendment by Pub. L. 112166 effective 60 days after Aug. 10, 2012, and applicable to appointments made on and after that effective date, including any nomination pending in the Senate on that date, see section 6(a) of Pub. L. 112166, set out as a note under section 113 of this title.
@@ -0,0 +1,61 @@
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---
# 6 U.S.C. § 239 - Office of Cargo Security Policy
## Text
(a) Establishment There is established within the Department an Office of Cargo Security Policy (referred to in this section as the “Office”).
(b) Purpose The Office shall—
(1) coordinate all Department policies relating to cargo security; and
(2) consult with stakeholders and coordinate with other Federal agencies in the establishment of standards and regulations and to promote best practices.
(c) Director (1) Appointment The Office shall be headed by a Director, who shall—
(A) be appointed by the Secretary; and
(B) report to the Assistant Secretary for Policy.
(2) Responsibilities The Director shall—
(A) advise the Assistant Secretary for Policy in the development of Department-wide policies regarding cargo security;
(B) coordinate all policies relating to cargo security among the agencies and offices within the Department relating to cargo security; and
(C) coordinate the cargo security policies of the Department with the policies of other executive agencies.
(Pub. L. 107296, title IV, § 431, as added Pub. L. 109347, title III, § 301(a), Oct. 13, 2006, 120 Stat. 1920.)
## Notes
Statutory Notes and Related Subsidiaries
Rule of ConstructionPub. L. 109347, title III, § 301(c), Oct. 13, 2006, 120 Stat. 1920, provided that: “Nothing in this section [enacting this section and section 1001 of this title] shall be construed to affect— “(1) the authorities, functions, or capabilities of the Coast Guard to perform its missions; or “(2) the requirement under section 888 of the Homeland Security Act (6 U.S.C. 468) that those authorities, functions, and capabilities be maintained intact.”

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