6 U.S.C. § 1118 (2024) — Title 6: DOMESTIC SECURITY / Chapter 4: TRANSPORTATION SECURITY / Subchapter II: TRANSPORTATION SECURITY ENHANCEMENTS / Section 1118: Biometrics expansion
Biometrics expansion
Status: in_force

(a) In general

The Administrator and the Commissioner of U.S. Customs and Border Protection shall consult with each other on the deployment of biometric technologies.

(b) Rule of construction

Nothing in this section shall be construed to permit the Commissioner of U.S. Customs and Border Protection to facilitate or expand the deployment of biometric technologies, or otherwise collect, use, or retain biometrics, not authorized by any provision of or amendment made by the Intelligence Reform and Terrorism Prevention Act of 2004 (Public Law 108–458; 118 Stat. 3638) or the Implementing Recommendations of the 9/11 Commission Act of 2007 (Public Law 110–53; 121 Stat. 266).

(c) Report required

Not later than 270 days after October 5, 2018, the Secretary shall submit to the appropriate committees of Congress, and to any Member of Congress upon the request of that Member, a report that includes specific assessments from the Administrator and the Commissioner of U.S. Customs and Border Protection with respect to the following:

(1) The operational and security impact of using biometric technology to identify travelers.

(2) The potential effects on privacy of the expansion of the use of biometric technology under paragraph (1), including methods proposed or implemented to mitigate any risks to privacy identified by the Administrator or the Commissioner related to the active or passive collection of biometric data.

(3) Methods to analyze and address any matching performance errors related to race, gender, or age identified by the Administrator with respect to the use of biometric technology, including the deployment of facial recognition technology; 1

(4) With respect to the biometric entry-exit program, the following:

(A) Assessments of—

(i) the error rates, including the rates of false positives and false negatives, and accuracy of biometric technologies;

(ii) the effects of biometric technologies, to ensure that such technologies do not unduly burden categories of travelers, such as a certain race, gender, or nationality;

(iii) the extent to which and how biometric technologies could address instances of travelers to the United States overstaying their visas, including—

(I) an estimate of how often biometric matches are contained in an existing database;

(II) an estimate of the rate at which travelers using fraudulent credentials identifications are accurately rejected; and

(III) an assessment of what percentage of the detection of fraudulent identifications could have been accomplished using conventional methods;

(iv) the effects on privacy of the use of biometric technologies, including methods to mitigate any risks to privacy identified by the Administrator or the Commissioner of U.S. Customs and Border Protection related to the active or passive collection of biometric data; and

(v) the number of individuals who stay in the United States after the expiration of their visas each year.

(B) A description of—

(i) all audits performed to assess—

(I) error rates in the use of biometric technologies; or

(II) whether the use of biometric technologies and error rates in the use of such technologies disproportionately affect a certain race, gender, or nationality; and

(ii) the results of the audits described in clause (i).

(C) A description of the process by which domestic travelers are able to opt-out of scanning using biometric technologies.

(D) A description of—

(i) what traveler data is collected through scanning using biometric technologies, what agencies have access to such data, and how long the agencies possess such data;

(ii) specific actions that the Department and other relevant Federal departments and agencies take to safeguard such data; and

(iii) a short-term goal for the prompt deletion of the data of individual United States citizens after such data is used to verify traveler identities.

(d) Publication of assessments

The Secretary, the Administrator, and the Commissioner shall, if practicable, publish a public version of the assessment required by subsection (c)(2) on the Internet website of the TSA and of the U.S. Customs and Border Protection.

(Pub. L. 115–254, div. K, title I, §1919, Oct. 5, 2018, 132 Stat. 3559.)

Editorial Notes

References in Text

The Intelligence Reform and Terrorism Prevention Act of 2004, referred to in subsec. (b), is Pub. L. 108–458, Dec. 17, 2004, 118 Stat. 3638. For complete classification of this Act to the Code, see Tables.

The Implementing Recommendations of the 9/11 Commission Act of 2007, referred to in subsec. (b), is Pub. L. 110–53, Aug. 3, 2007, 121 Stat. 266. For complete classification of this Act to the Code, see Tables.

Codification

Section was enacted as part of the TSA Modernization Act and also as part of the FAA Reauthorization Act of 2018, and not as part of the Implementing Recommendations of the 9/11 Commission Act of 2007 which comprises this chapter.

Statutory Notes and Related Subsidiaries

Definitions

For definitions of "Administrator", "appropriate committees of Congress", "Department", "Secretary", and "TSA" as used in this section, see section 1902 of Pub. L. 115–254, set out as a note under section 101 of Title 49, Transportation.

1 So in original. The semicolon probably should be a period.
6 U.S.C. § 114 (2024) — Title 6: DOMESTIC SECURITY / Chapter 1: HOMELAND SECURITY ORGANIZATION / Subchapter I: DEPARTMENT OF HOMELAND SECURITY / Section 114: Sensitive Security Information
Sensitive Security Information
Status: in_force

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. 109–90, title V, §537, Oct. 18, 2005, 119 Stat. 2088.)

Editorial Notes

References in Text

This Act, referred to in text, is Pub. L. 109–90, 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 Proviso

Pub. L. 114–113, 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 Information

Pub. L. 117–81, 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 TSA's policies and guidelines governing the designation and use of Sensitive Security Information."
6 U.S.C. § 216 (2024) — Title 6: DOMESTIC SECURITY / Chapter 1: HOMELAND SECURITY ORGANIZATION / Subchapter IV: BORDER, MARITIME, AND TRANSPORTATION SECURITY / Section 216: Protection against potential synthetic opioid exposure
Protection against potential synthetic opioid exposure
Status: in_force

(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. 107–296, title IV, §416, as added Pub. L. 116–260, div. U, title III, §302(a), Dec. 27, 2020, 134 Stat. 2291; amended Pub. L. 117–263, div. G, title LXXI, §7135(a), (b), Dec. 23, 2022, 136 Stat. 3650.)

Editorial Notes

Prior Provisions

A prior section 216 of this title, Pub. L. 107–296, title IV, §416, Nov. 25, 2002, 116 Stat. 2181, related to GAO report to Congress, prior to repeal by Pub. L. 114–125, title VIII, §802(f), Feb. 24, 2016, 130 Stat. 210.

Amendments

2022—Subsec. (b)(1)(C). Pub. L. 117–263, §7135(a), added subpar. (C).

Subsec. (c). Pub. L. 117–263, §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 Components

Pub. L. 117–263, 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."
6 U.S.C. § 574 (2024) — Title 6: DOMESTIC SECURITY / Chapter 1: HOMELAND SECURITY ORGANIZATION / Subchapter XIII: EMERGENCY COMMUNICATIONS / Section 574: Coordination of Department emergency communications grant programs
Coordination of Department emergency communications grant programs
Status: in_force

(a) Coordination of grants and standards programs

The Secretary, acting through the Assistant Director for Emergency Communications, shall ensure that grant guidelines for the use of homeland security assistance administered by the Department relating to interoperable emergency communications are coordinated and consistent with the goals and recommendations in the National Emergency Communications Plan under section 572 of this title.

(b) Denial of eligibility for grants

(1) In general

The Secretary, acting through the Assistant Secretary for Grants and Planning, and in consultation with the Assistant Director for Emergency Communications, may prohibit any State, local, or tribal government from using homeland security assistance administered by the Department to achieve, maintain, or enhance emergency communications capabilities, if—

(A) such government has not complied with the requirement to submit a Statewide Interoperable Communications Plan as required by section 194(f) of this title;

(B) such government has proposed to upgrade or purchase new equipment or systems that do not meet or exceed any applicable national voluntary consensus standards and has not provided a reasonable explanation of why such equipment or systems will serve the needs of the applicant better than equipment or systems that meet or exceed such standards; and

(C) as of the date that is 3 years after the date of the completion of the initial National Emergency Communications Plan under section 572 of this title, national voluntary consensus standards for interoperable emergency communications capabilities have not been developed and promulgated.

(2) Standards

The Secretary, in coordination with the Federal Communications Commission, the National Institute of Standards and Technology, and other Federal departments and agencies with responsibility for standards, shall support the development, promulgation, and updating as necessary of national voluntary consensus standards for interoperable emergency communications.

(Pub. L. 107–296, title XVIII, §1804, as added Pub. L. 109–295, title VI, §671(b), Oct. 4, 2006, 120 Stat. 1438; amended Pub. L. 115–278, §2(g)(6)(B), Nov. 16, 2018, 132 Stat. 4179.)

Editorial Notes

Codification

Another section 1804 of Pub. L. 107–296 was renumbered section 1904 and is classified to section 594 of this title.

Amendments

2018—Subsecs. (a), (b)(1). Pub. L. 115–278 substituted "Assistant Director for Emergency Communications" for "Director for Emergency Communications".

Statutory Notes and Related Subsidiaries

Change of Name

Reference to the Assistant Director for Emergency Communications deemed to be a reference to the Executive Assistant Director for Emergency Communications, see section 571(g) of this title, enacted Jan. 1, 2021.
6 U.S.C. § 763a (2024) — Title 6: DOMESTIC SECURITY / Chapter 2: NATIONAL EMERGENCY MANAGEMENT / Subchapter II: COMPREHENSIVE PREPAREDNESS SYSTEM / Section 763a: Training for Federal Government, foreign governments, or private entities
Training for Federal Government, foreign governments, or private entities
Status: in_force

In fiscal year 2013 and thereafter: (a) the Center for Domestic Preparedness may provide training to emergency response providers from the Federal Government, foreign governments, or private entities, if the Center for Domestic Preparedness is reimbursed for the cost of such training, and any reimbursement under this subsection shall be credited to the account from which the expenditure being reimbursed was made and shall be available, without fiscal year limitation, for the purposes for which amounts in the account may be expended; (b) the head of the Center for Domestic Preparedness shall ensure that any training provided under (a) does not interfere with the primary mission of the Center to train State and local emergency response providers; and (c) subject to (b), nothing in (a) prohibits the Center for Domestic Preparedness from providing training to employees of the Federal Emergency Management Agency in existing chemical, biological, radiological, nuclear, explosives, mass casualty, and medical surge courses pursuant to 5 U.S.C. 4103 without reimbursement for the cost of such training.

(Pub. L. 113–6, div. D, title III, Mar. 26, 2013, 127 Stat. 359.)

Editorial Notes

Codification

Section was enacted as part of the Department of Homeland Security Appropriations Act, 2013, and not as part of the Post-Katrina Emergency Management Reform Act of 2006 which comprises this chapter.
6 U.S.C. § 563a (2024) — Title 6: DOMESTIC SECURITY / Chapter 1: HOMELAND SECURITY ORGANIZATION / Subchapter XII: TRANSITION / Section 563a: Acquisition justification and reports
Acquisition justification and reports
Status: in_force

(a) Acquisition justification

Before the Administration implements any security-related technology acquisition, the Administrator, in accordance with the Department's policies and directives, shall determine whether the acquisition is justified by conducting an analysis that includes—

(1) an identification of the scenarios and level of risk to transportation security from those scenarios that would be addressed by the security-related technology acquisition;

(2) an assessment of how the proposed acquisition aligns to the Plan;

(3) a comparison of the total expected lifecycle cost against the total expected quantitative and qualitative benefits to transportation security;

(4) an analysis of alternative security solutions, including policy or procedure solutions, to determine if the proposed security-related technology acquisition is the most effective and cost-efficient solution based on cost-benefit considerations;

(5) an assessment of the potential privacy and civil liberties implications of the proposed acquisition that includes, to the extent practicable, consultation with organizations that advocate for the protection of privacy and civil liberties;

(6) a determination that the proposed acquisition is consistent with fair information practice principles issued by the Privacy Officer of the Department;

(7) confirmation that there are no significant risks to human health or safety posed by the proposed acquisition; and

(8) an estimate of the benefits to commercial aviation passengers.

(b) Reports and certification to Congress

(1) In general

Not later than the end of the 30-day period preceding the award by the Administration of a contract for any security-related technology acquisition exceeding $30,000,000, the Administrator shall submit to the Committee on Commerce, Science, and Transportation of the Senate and the Committee on Homeland Security of the House of Representatives—

(A) the results of the comprehensive acquisition justification under subsection (a); and

(B) a certification by the Administrator that the benefits to transportation security justify the contract cost.

(2) Extension due to imminent terrorist threat

If there is a known or suspected imminent threat to transportation security, the Administrator—

(A) may reduce the 30-day period under paragraph (1) to 5 days to rapidly respond to the threat; and

(B) shall immediately notify the Committee on Commerce, Science, and Transportation of the Senate and the Committee on Homeland Security of the House of Representatives of the known or suspected imminent threat.

(Pub. L. 107–296, title XVI, §1612, as added Pub. L. 113–245, §3(a), Dec. 18, 2014, 128 Stat. 2873.)
6 U.S.C. § 314a (2024) — Title 6: DOMESTIC SECURITY / Chapter 1: HOMELAND SECURITY ORGANIZATION / Subchapter V: NATIONAL EMERGENCY MANAGEMENT / Section 314a: FEMA programs
FEMA programs
Status: in_force

Notwithstanding any other provision of Federal law, as of April 1, 2007, the Director of the Federal Emergency Management Agency shall be responsible for the radiological emergency preparedness program and the chemical stockpile emergency preparedness program.

(Pub. L. 109–347, title VI, §612, Oct. 13, 2006, 120 Stat. 1943.)

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.

Statutory Notes and Related Subsidiaries

Change of Name

References to the Director of the Federal Emergency Management Agency considered to refer and apply to the Administrator of the Federal Emergency Management Agency, see section 612(c) of Pub. L. 109–295, set out as a note under section 313 of this title.
6 U.S.C. § 984 (2024) — Title 6: DOMESTIC SECURITY / Chapter 3: SECURITY AND ACCOUNTABILITY FOR EVERY PORT / Subchapter II: SECURITY OF THE INTERNATIONAL SUPPLY CHAIN / Section 984: Repealed. Pub. L. 115-254, div. J, §1816(f), Oct. 5, 2018, 132 Stat. 3541
Repealed. Pub. L. 115-254, div. J, §1816(f), Oct. 5, 2018, 132 Stat. 3541
Status: repealed

Section, Pub. L. 109–347, title II, §235, Oct. 13, 2006, 120 Stat. 1919, related to pilot program to improve the security of empty containers.
6 U.S.C. § 443 (2024) — Title 6: DOMESTIC SECURITY / Chapter 1: HOMELAND SECURITY ORGANIZATION / Subchapter VIII: COORDINATION WITH NON-FEDERAL ENTITIES; INSPECTOR GENERAL; UNITED STATES SECRET SERVICE; COAST GUARD; GENERAL PROVISIONS / Section 443: Risk management
Risk management
Status: in_force

(a) In general

(1) Liability insurance required

Any person or entity that sells or otherwise provides a qualified anti-terrorism technology to Federal and non-Federal Government customers ("Seller") shall obtain liability insurance of such types and in such amounts as shall be required in accordance with this section and certified by the Secretary to satisfy otherwise compensable third-party claims arising out of, relating to, or resulting from an act of terrorism when qualified anti-terrorism technologies have been deployed in defense against or response or recovery from such act.

(2) Maximum amount

For the total claims related to 1 such act of terrorism, the Seller is not required to obtain liability insurance of more than the maximum amount of liability insurance reasonably available from private sources on the world market at prices and terms that will not unreasonably distort the sales price of Seller's anti-terrorism technologies.

(3) Scope of coverage

Liability insurance obtained pursuant to this subsection shall, in addition to the Seller, protect the following, to the extent of their potential liability for involvement in the manufacture, qualification, sale, use, or operation of qualified anti-terrorism technologies deployed in defense against or response or recovery from an act of terrorism:

(A) Contractors, subcontractors, suppliers, vendors and customers of the Seller.

(B) Contractors, subcontractors, suppliers, and vendors of the customer.

(4) Third party claims

Such liability insurance under this section shall provide coverage against third party claims arising out of, relating to, or resulting from the sale or use of anti-terrorism technologies.

(b) Reciprocal waiver of claims

The Seller shall enter into a reciprocal waiver of claims with its contractors, subcontractors, suppliers, vendors and customers, and contractors and subcontractors of the customers, involved in the manufacture, sale, use or operation of qualified anti-terrorism technologies, under which each party to the waiver agrees to be responsible for losses, including business interruption losses, that it sustains, or for losses sustained by its own employees resulting from an activity resulting from an act of terrorism when qualified anti-terrorism technologies have been deployed in defense against or response or recovery from such act.

(c) Extent of liability

Notwithstanding any other provision of law, liability for all claims against a Seller arising out of, relating to, or resulting from an act of terrorism when qualified anti-terrorism technologies have been deployed in defense against or response or recovery from such act and such claims result or may result in loss to the Seller, whether for compensatory or punitive damages or for contribution or indemnity, shall not be in an amount greater than the limits of liability insurance coverage required to be maintained by the Seller under this section.

(Pub. L. 107–296, title VIII, §864, Nov. 25, 2002, 116 Stat. 2240.)
6 U.S.C. § 203 (2024) — Title 6: DOMESTIC SECURITY / Chapter 1: HOMELAND SECURITY ORGANIZATION / Subchapter IV: BORDER, MARITIME, AND TRANSPORTATION SECURITY / Section 203: Functions transferred
Functions transferred
Status: in_force

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. 107–296, title IV, §403, Nov. 25, 2002, 116 Stat. 2178.)
6 U.S.C. § 421 (2024) — Title 6: DOMESTIC SECURITY / Chapter 1: HOMELAND SECURITY ORGANIZATION / Subchapter VIII: COORDINATION WITH NON-FEDERAL ENTITIES; INSPECTOR GENERAL; UNITED STATES SECRET SERVICE; COAST GUARD; GENERAL PROVISIONS / Section 421: Definition
Definition
Status: in_force

In this part, the term "executive agency" has the meaning given that term under section 133 of title 41.

(Pub. L. 107–296, title VIII, §851, Nov. 25, 2002, 116 Stat. 2235.)

Editorial Notes

Codification

In text, "section 133 of title 41" substituted for "section 4(1) of the Office of Federal Procurement Policy Act (41 U.S.C. 403(1))" on authority of Pub. L. 111–350, §6(c), Jan. 4, 2011, 124 Stat. 3854, which Act enacted Title 41, Public Contracts.
6 U.S.C. § 791 (2024) — Title 6: DOMESTIC SECURITY / Chapter 2: NATIONAL EMERGENCY MANAGEMENT / Subchapter II: COMPREHENSIVE PREPAREDNESS SYSTEM / Section 791: Advance contracting
Advance contracting
Status: in_force

(a) Initial report

(1) In general

Not later than 180 days after October 4, 2006, the Administrator shall submit a report under paragraph (2) identifying—

(A) recurring disaster response requirements, including specific goods and services, for which the Agency is capable of contracting for in advance of a natural disaster or act of terrorism or other man-made disaster in a cost effective manner;

(B) recurring disaster response requirements, including specific goods and services, for which the Agency can not contract in advance of a natural disaster or act of terrorism or other man-made disaster in a cost effective manner; and

(C) a contracting strategy that maximizes the use of advance contracts to the extent practical and cost-effective.

(2) Submission

The report under paragraph (1) shall be submitted to the appropriate committees of Congress.

(b) Entering into contracts

(1) In general

Not later than 1 year after October 4, 2006, the Administrator shall enter into 1 or more contracts for each type of goods or services identified under subsection (a)(1)(A), and in accordance with the contracting strategy identified in subsection (a)(1)(C). Any contract for goods or services identified in subsection (a)(1)(A) previously awarded may be maintained in fulfilling this requirement.

(2) Considered factors

Before entering into any contract under this subsection, the Administrator shall consider section 5150 of title 42.

(3) Prenegotiated Federal contracts for goods and services

The Administrator, in coordination with State and local governments and other Federal agencies, shall establish a process to ensure that Federal prenegotiated contracts for goods and services are coordinated with State and local governments, as appropriate.

(4) Prenegotiated State and local contracts for goods and services

The Administrator shall encourage State and local governments to establish prenegotiated contracts with vendors for goods and services in advance of natural disasters and acts of terrorism or other man-made disasters.

(c) Maintenance of contracts

After the date described under subsection (b), the Administrator shall have the responsibility to maintain contracts for appropriate levels of goods and services in accordance with subsection (a)(1)(C).

(d) Report on contracts not using competitive procedures

At the end of each fiscal quarter, beginning with the first fiscal quarter occurring at least 90 days after October 4, 2006, the Administrator shall submit a report on each disaster assistance contract entered into by the Agency by other than competitive procedures to the appropriate committees of Congress.

(e) Updated report

Not later than 180 days after December 31, 2020, the Administrator shall submit to the appropriate committees of Congress an updated report that contains—

(1) the information required in the initial report under subparagraphs (A) and (B) of subsection (a)(1); and

(2) an updated strategy described in subsection (a)(1)(C) that clearly defines—

(A) the objectives of advance contracts;

(B) how advance contracts contribute to disaster response operations of the Agency;

(C) how to maximize the award of advance contracts to small business concerns, as defined in section 632 of title 15; and

(D) whether and how advance contracts should be prioritized in relation to new post-disaster contract awards.

(f) Additional Duties of the Administrator

(1) Head of contracting

The Administrator shall ensure that the head of contracting activity of the Agency—

(A) not later than 270 days after December 31, 2020, updates the Disaster Contracting Desk Guide of the Agency to provide specific guidance—

(i) on whether and under what circumstances contracting officers should consider using existing advance contracts entered into in accordance with this section prior to making new post-disaster contract awards, and include this guidance in existing semi-annual training given to contracting officers; and

(ii) for contracting officers to perform outreach to State and local governments on the potential benefits of establishing their own pre-negotiated advance contracts;

(B) adheres to hard copy contract file management requirements in effect to ensure that the files relating to advance contracts entered into in accordance with this section are complete and up to date, whether the files will be transferred into the Electronic Contract Filing System of the Agency or remain in hard copy format;

(C) notifies contracting officers of the 3-day time frame requirement for entering completed award documentation into the contract writing system of the Agency when executing notice to proceed documentation;

(D) not later than 180 days after December 31, 2020, revises the reporting methodology of the Agency to ensure that all disaster contracts are included in each quarterly report submitted to the appropriate congressional committees under this section on disaster contract actions;

(E) identifies a single centralized resource listing advance contracts entered into under this section and ensures that source is current and up to date and includes all available advance contracts; and

(F) communicates complete and up-to-date information on available advance contracts to State and local governments to inform their advance contracting efforts.

(2) Master acquisition planning schedule

Not later than 180 days after December 31, 2020, the Administrator shall update and implement guidance for program office and acquisition personnel of the Agency to—

(A) identify acquisition planning time frames and considerations across the entire acquisition planning process of the Agency; and

(B) clearly communicate the purpose and use of a master acquisition planning schedule.

(Pub. L. 109–295, title VI, §691, Oct. 4, 2006, 120 Stat. 1457; Pub. L. 116–272, §3(a), Dec. 31, 2020, 134 Stat. 3349.)

Editorial Notes

Amendments

2020—Subsecs. (e), (f). Pub. L. 116–272 added subsecs. (e) and (f).

Statutory Notes and Related Subsidiaries

Findings

Pub. L. 116–272, §2, Dec. 31, 2020, 134 Stat. 3349, provided that:

"Congress finds that—

"(1) the Post-Katrina Emergency Management and Reform Act of 2006 [Post-Katrina Emergency Management Reform Act of 2006] (Public Law 109–925 [Pub. L. 109–295, title VI]; 120 Stat. 1394) required the Federal Emergency Management Agency to establish advance contracts, which are established prior to disasters and are typically needed to quickly provide life-sustaining goods and services in the immediate aftermath of a disaster;

"(2) the catastrophic hurricanes and wildfires in the United States in 2017 highlighted the importance of these advance contracts in disaster response;

"(3) in a report issued by the Government Accountability Office entitled '2017 Disaster Contracting: Action Needed to Better Ensure More Effective Use and Management of Advance Contracts', the Government Accountability Office identified a number of challenges with advance contracts and recommended actions to improve management by the Federal Emergency Management Agency of these contracts for future disasters; and

"(4) section 691 of the Post-Katrina Emergency Management Reform Act of 2006 (6 U.S.C. 791) should be amended to incorporate the recommendations made by the report described in paragraph (3) to ensure more effective use and management of advance contracts."

Report

Pub. L. 116–272, §3(b), Dec. 31, 2020, 134 Stat. 3351, provided that: "The Administrator of the Federal Emergency Management Agency shall regularly update the appropriate committees of Congress (as defined in section 602 of the Post-Katrina Emergency Management Reform Act of 2006 (6 U.S.C. 701)) on the progress of the Federal Emergency Management Agency in implementing the recommendations of the Government Accountability Office in the report entitled '2017 Disaster Contracting: Action Needed to Better Ensure More Effective Use and Management of Advance Contracts', as required under section 691 of the Post-Katrina Emergency Management Reform Act of 2006 (6 U.S.C. 791), as amended by subsection (a)."
6 U.S.C. § 319 (2024) — Title 6: DOMESTIC SECURITY / Chapter 1: HOMELAND SECURITY ORGANIZATION / Subchapter V: NATIONAL EMERGENCY MANAGEMENT / Section 319: National Integration Center
National Integration Center
Status: in_force

(a) In general

There is established in the Agency a National Integration Center.

(b) Responsibilities

(1) In general

The Administrator, through the National Integration Center, and in consultation with other Federal departments and agencies and the National Advisory Council, shall ensure ongoing management and maintenance of the National Incident Management System, the National Response Plan, and any successor to such system or plan.

(2) Specific responsibilities

The National Integration Center shall periodically review, and revise as appropriate, the National Incident Management System and the National Response Plan, including—

(A) establishing, in consultation with the Director of the Corporation for National and Community Service, a process to better use volunteers and donations;

(B) improving the use of Federal, State, local, and tribal resources and ensuring the effective use of emergency response providers at emergency scenes; and

(C) revising the Catastrophic Incident Annex, finalizing and releasing the Catastrophic Incident Supplement to the National Response Plan, and ensuring that both effectively address response requirements in the event of a catastrophic incident.

(c) Incident management

(1) In general

(A) National Response Plan

The Secretary, acting through the Administrator, shall ensure that the National Response Plan provides for a clear chain of command to lead and coordinate the Federal response to any natural disaster, act of terrorism, or other man-made disaster.

(B) Administrator

The chain of the command specified in the National Response Plan shall—

(i) provide for a role for the Administrator consistent with the role of the Administrator as the principal emergency management advisor to the President, the Homeland Security Council, and the Secretary under section 313(c)(4) of this title and the responsibility of the Administrator under the Post-Katrina Emergency Management Reform Act of 2006, and the amendments made by that Act, relating to natural disasters, acts of terrorism, and other man-made disasters; and

(ii) provide for a role for the Federal Coordinating Officer consistent with the responsibilities under section 5143(b) of title 42.

(2) Principal Federal Official; Joint Task Force

The Principal Federal Official (or the successor thereto) or Director of a Joint Task Force established under section 348 of this title shall not—

(A) direct or replace the incident command structure established at the incident; or

(B) have directive authority over the Senior Federal Law Enforcement Official, Federal Coordinating Officer, or other Federal and State officials.

(Pub. L. 107–296, title V, §509, as added Pub. L. 109–295, title VI, §611(13), Oct. 4, 2006, 120 Stat. 1405; amended Pub. L. 114–328, div. A, title XIX, §1901(d)(2), Dec. 23, 2016, 130 Stat. 2670.)

Editorial Notes

References in Text

The Post-Katrina Emergency Management Reform Act of 2006, referred to in subsec. (c)(1)(B)(i), is title VI of Pub. L. 109–295, Oct. 4, 2006, 120 Stat. 1394. For complete classification of this Act to the Code, see Short Title note set out under section 701 of this title and Tables.

Prior Provisions

A prior section 509 of Pub. L. 107–296 was renumbered section 520 and is classified to section 321i of this title.

Amendments

2016—Subsec. (c)(2). Pub. L. 114–328 inserted "; Joint Task Force" after "Official" in heading and "or Director of a Joint Task Force established under section 348 of this title" before "shall" in introductory provisions.

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. 109–295 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. 109–295, set out as a note under section 313 of this title.
6 U.S.C. § 1172 (2024) — Title 6: DOMESTIC SECURITY / Chapter 4: TRANSPORTATION SECURITY / Subchapter IV: SURFACE TRANSPORTATION SECURITY / Section 1172: Railroad security enhancements; Model State legislation
Railroad security enhancements; Model State legislation
Status: in_force

Not later than November 2, 2007, the Secretary of Transportation shall develop and make available to States model legislation to address the problem of entities that claim to be railroad carriers in order to establish and run a police force when the entities do not in fact provide railroad transportation. In developing the model State legislation the Secretary shall solicit the input of the States, railroads carriers, and railroad carrier employees. The Secretary shall review and, if necessary, revise such model State legislation periodically.

(Pub. L. 110–53, title XV, §1526(b), Aug. 3, 2007, 121 Stat. 452.)
6 U.S.C. § 963 (2024) — Title 6: DOMESTIC SECURITY / Chapter 3: SECURITY AND ACCOUNTABILITY FOR EVERY PORT / Subchapter II: SECURITY OF THE INTERNATIONAL SUPPLY CHAIN / Section 963: Minimum requirements
Minimum requirements
Status: in_force

An applicant seeking to participate in C–TPAT shall—

(1) demonstrate a history of moving cargo in the international supply chain;

(2) conduct an assessment of its supply chain based upon security criteria established by the Secretary, acting through the Commissioner, including—

(A) business partner requirements;

(B) container security;

(C) physical security and access controls;

(D) personnel security;

(E) procedural security;

(F) security training and threat awareness; and

(G) information technology security;

(3) implement and maintain security measures and supply chain security practices meeting security criteria established by the Commissioner; and

(4) meet all other requirements established by the Commissioner, in consultation with the Commercial Operations Advisory Committee.

(Pub. L. 109–347, title II, §213, Oct. 13, 2006, 120 Stat. 1909.)
6 U.S.C. § 122 (2024) — Title 6: DOMESTIC SECURITY / Chapter 1: HOMELAND SECURITY ORGANIZATION / Subchapter II: INFORMATION ANALYSIS / Section 122: Access to information
Access to information
Status: in_force

(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 107–56).

(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 50,1 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. 107–296, title II, §202, Nov. 25, 2002, 116 Stat. 2149; Pub. L. 115–278, §2(g)(2)(D), Nov. 16, 2018, 132 Stat. 4177.)

Editorial Notes

References in Text

The USA PATRIOT Act of 2001, referred to in subsec. (c)(1), is Pub. L. 107–56, 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. 107–296, 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.

Amendments

2018—Subsecs. (c), (d)(2). Pub. L. 115–278 substituted "Director of National Intelligence" for "Director of Central Intelligence".

1 So in original. There probably should be a closing parenthesis after "50".
6 U.S.C. § 1152 (2024) — Title 6: DOMESTIC SECURITY / Chapter 4: TRANSPORTATION SECURITY / Subchapter IV: SURFACE TRANSPORTATION SECURITY / Section 1152: Oversight and grant procedures
Oversight and grant procedures
Status: in_force

(a) Secretarial oversight

The Secretary, in coordination with 1 Secretary of Transportation for grants awarded to Amtrak, shall establish necessary procedures, including monitoring and audits, to ensure that grants made under this subchapter are expended in accordance with the purposes of this subchapter and the priorities and other criteria developed by the Secretary.

(b) Additional audits and reviews

The Secretary, and the Secretary of Transportation for grants awarded to Amtrak, may award contracts to undertake additional audits and reviews of the safety, security, procurement, management, and financial compliance of a recipient of amounts under this subchapter.

(c) Procedures for grant award

Not later than 180 days after August 3, 2007, the Secretary shall prescribe procedures and schedules for the awarding of grants under this subchapter, including application and qualification procedures, and a record of decision on applicant eligibility. The procedures shall include the execution of a grant agreement between the grant recipient and the Secretary and shall be consistent, to the extent practicable, with the grant procedures established under section 70107(i) and (j) of title 46.

(d) Additional authority

(1) Issuance

The Secretary may issue non-binding letters of intent to recipients of a grant under this subchapter, to commit funding from future budget authority of an amount, not more than the Federal Government's share of the project's cost, for a capital improvement project.

(2) Schedule

The letter of intent under this subsection shall establish a schedule under which the Secretary will reimburse the recipient for the Government's share of the project's costs, as amounts become available, if the recipient, after the Secretary issues that letter, carries out the project without receiving amounts under a grant issued under this subchapter.

(3) Notice to Secretary

A recipient that has been issued a letter of intent under this section shall notify the Secretary of the recipient's intent to carry out a project before the project begins.

(4) Notice to Congress

The Secretary shall transmit to the appropriate congressional committees a written notification at least 5 days before the issuance of a letter of intent under this subsection.

(5) Limitations

A letter of intent issued under this subsection is not an obligation of the Federal Government under section 1501 of title 31, and the letter is not deemed to be an administrative commitment for financing. An obligation or administrative commitment may be made only as amounts are provided in authorization and appropriations laws.

(e) Return of misspent grant funds

As part of the grant agreement under subsection (c), the Secretary shall require grant applicants to return any misspent grant funds received under this subchapter that the Secretary considers to have been spent for a purpose other than those specified in the grant award. The Secretary shall take all necessary actions to recover such funds.

(f) Congressional notification

Not later than 5 days before the award of any grant is made under this subchapter, the Secretary shall notify the appropriate congressional committees of the intent to award such grant.

(g) Guidelines

The Secretary shall ensure, to the extent practicable, that grant recipients under this subchapter who use contractors or subcontractors use small, minority, women-owned, or disadvantaged business concerns as contractors or subcontractors when appropriate.

(Pub. L. 110–53, title XV, §1502, Aug. 3, 2007, 121 Stat. 424.)

Editorial Notes

References in Text

This subchapter, referred to in text, was in the original "this title", meaning title XV of Pub. L. 110–53, which is classified principally to this subchapter. For complete classification of title XV to the Code, see References in Text note under section 1151 of this title and Tables.

1 So in original. The word "the" probably should appear.
6 U.S.C. § 728 (2024) — Title 6: DOMESTIC SECURITY / Chapter 2: NATIONAL EMERGENCY MANAGEMENT / Subchapter I: PERSONNEL PROVISIONS / Section 728: Disclosure of certain information to law enforcement agencies
Disclosure of certain information to law enforcement agencies
Status: in_force

In the event of circumstances requiring an evacuation, sheltering, or mass relocation, the Administrator may disclose information in any individual assistance database of the Agency in accordance with section 552a(b) of title 5 (commonly referred to as the "Privacy Act") to any law enforcement agency of the Federal Government or a State, local, or tribal government in order to identify illegal conduct or address public safety or security issues, including compliance with sex offender notification laws.

(Pub. L. 109–295, title VI, §640a, Oct. 4, 2006, 120 Stat. 1424.)
6 U.S.C. § 321p (2024) — Title 6: DOMESTIC SECURITY / Chapter 1: HOMELAND SECURITY ORGANIZATION / Subchapter V: NATIONAL EMERGENCY MANAGEMENT / Section 321p: National planning and education
National planning and education
Status: in_force

The Secretary shall, to the extent practicable—

(1) include in national planning frameworks the threat of an EMP or GMD event; and

(2) conduct outreach to educate owners and operators of critical infrastructure, emergency planners, and emergency response providers at all levels of government regarding threats of EMP and GMD.

(Pub. L. 107–296, title V, §527, as added Pub. L. 114–328, div. A, title XIX, §1913(a)(4), Dec. 23, 2016, 130 Stat. 2686.)
6 U.S.C. § 484 (2024) — Title 6: DOMESTIC SECURITY / Chapter 1: HOMELAND SECURITY ORGANIZATION / Subchapter VIII: COORDINATION WITH NON-FEDERAL ENTITIES; INSPECTOR GENERAL; UNITED STATES SECRET SERVICE; COAST GUARD; GENERAL PROVISIONS / Section 484: Authorization of appropriations
Authorization of appropriations
Status: in_force

There are authorized to be appropriated such sums as may be necessary to carry out section 482 of this title.

(Pub. L. 107–296, title VIII, §894, Nov. 25, 2002, 116 Stat. 2256.)
6 U.S.C. § 195e (2024) — Title 6: DOMESTIC SECURITY / Chapter 1: HOMELAND SECURITY ORGANIZATION / Subchapter III: SCIENCE AND TECHNOLOGY IN SUPPORT OF HOMELAND SECURITY / Section 195e: Transparency in research and development
Transparency in research and development
Status: in_force

(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) 1 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. 107–296, title III, §319, as added Pub. L. 114–328, div. A, title XIX, §1906(a), Dec. 23, 2016, 130 Stat. 2676.)

Editorial Notes

References in Text

Executive 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 Provisions

A prior section 319 of Pub. L. 107–296 was renumbered section 320 and is classified to section 195f of this title.

1 See References in Text note below.
6 U.S.C. § 1501 (2024) — Title 6: DOMESTIC SECURITY / Chapter 6: CYBERSECURITY / Subchapter I: CYBERSECURITY INFORMATION SHARING / Section 1501: Definitions
Definitions
Status: in_force

In this subchapter:

(1) Agency

The term "agency" has the meaning given the term in section 3502 of title 44.

(2) Antitrust laws

The term "antitrust laws"—

(A) has the meaning given the term in section 12 of title 15;

(B) includes section 45 of title 15 to the extent that section 45 of title 15 applies to unfair methods of competition; and

(C) includes any State antitrust law, but only to the extent that such law is consistent with the law referred to in subparagraph (A) or the law referred to in subparagraph (B).

(3) Appropriate Federal entities

The term "appropriate Federal entities" means the following:

(A) The Department of Commerce.

(B) The Department of Defense.

(C) The Department of Energy.

(D) The Department of Homeland Security.

(E) The Department of Justice.

(F) The Department of the Treasury.

(G) The Office of the Director of National Intelligence.

(4) Cybersecurity purpose

The term "cybersecurity purpose" has the meaning given the term in section 650 of this title.

(5) Cybersecurity threat

The term "cybersecurity threat" has the meaning given the term in section 650 of this title.

(6) Cyber threat indicator

The term "cyber threat indicator" has the meaning given the term in section 650 of this title.

(7) Defensive measure

The term "defensive measure" has the meaning given the term in section 650 of this title.

(8) Federal entity

The term "Federal entity" means a department or agency of the United States or any component of such department or agency.

(9) Information system

The term "information system" has the meaning given the term in section 650 of this title.

(10) Local government

The term "local government" means any borough, city, county, parish, town, township, village, or other political subdivision of a State.

(11) Malicious cyber command and control

The term "malicious cyber command and control" has the meaning given the term in section 650 of this title.

(12) Malicious reconnaissance

The term "malicious reconnaissance" has the meaning given the term in section 650 of this title.

(13) Monitor

The term "monitor" has the meaning given the term in section 650 of this title.

(14) Non-Federal entity

(A) In general

Except as otherwise provided in this paragraph, the term "non-Federal entity" means any private entity, non-Federal government agency or department, or State, tribal, or local government (including a political subdivision, department, or component thereof).

(B) Inclusions

The term "non-Federal entity" includes a government agency or department of the District of Columbia, the Commonwealth of Puerto Rico, the United States Virgin Islands, Guam, American Samoa, the Northern Mariana Islands, and any other territory or possession of the United States.

(C) Exclusion

The term "non-Federal entity" does not include a foreign power as defined in section 1801 of title 50.

(15) Private entity

(A) In general

Except as otherwise provided in this paragraph, the term "private entity" means any person or private group, organization, proprietorship, partnership, trust, cooperative, corporation, or other commercial or nonprofit entity, including an officer, employee, or agent thereof.

(B) Inclusion

The term "private entity" includes a State, tribal, or local government performing utility services, such as electric, natural gas, or water services.

(C) Exclusion

The term "private entity" does not include a foreign power as defined in section 1801 of title 50.

(16) Security control

The term "security control" has the meaning given the term in section 650 of this title.

(17) Security vulnerability

The term "security vulnerability" has the meaning given the term in section 650 of this title.

(18) Tribal

The term "tribal" has the meaning given the term "Indian tribe" in section 5304 of title 25.

(Pub. L. 114–113, div. N, title I, §102, Dec. 18, 2015, 129 Stat. 2936; Pub. L. 117–263, div. G, title LXXI, §7143(b)(4), Dec. 23, 2022, 136 Stat. 3661.)

Editorial Notes

Amendments

2022—Pars. (4) to (7). Pub. L. 117–263, §7143(b)(4)(A), added pars. (4) to (7) and struck out former pars. (4) to (7) which defined cybersecurity purpose, cybersecurity threat, cyber threat indicator, and defensive measure, respectively.

Par. (9). Pub. L. 117–263, §7143(b)(4)(B), added par. (9) and struck out former par. (9) which defined information system.

Pars. (11) to (13). Pub. L. 117–263, §7143(b)(4)(C), added pars. (11) to (13) and struck out former pars. (11) to (13) which defined malicious cyber command and control, malicious reconnaissance, and monitor, respectively.

Pars. (16), (17). Pub. L. 117–263, §7143(b)(4)(D), added pars. (16) and (17) and struck out former pars. (16) and (17) which defined security control and security vulnerability, respectively.

Statutory Notes and Related Subsidiaries

Short Title

Pub. L. 114–113, div. N, §1(a), Dec. 18, 2015, 129 Stat. 2935, provided that: "This division [enacting this chapter and sections 149 and 151 of this title, amending sections 131, 148, 149, and 150 of this title, section 1029 of Title 18, Crimes and Criminal Procedure, and sections 3553 and 3554 of Title 44, Public Printing and Documents, enacting provisions set out as notes under this section and sections 101, 131, and 151 of this title and section 301 of Title 5, Government Organization and Employees] may be cited as the 'Cybersecurity Act of 2015'."

Pub. L. 114–113, div. N, title I, §101, Dec. 18, 2015, 129 Stat. 2936, provided that: "This title [enacting this subchapter] may be cited as the 'Cybersecurity Information Sharing Act of 2015'."

Pub. L. 114–113, div. N, title II, §221, Dec. 18, 2015, 129 Stat. 2963, provided that: "This subtitle [subtitle B (§§221–229) of title II of div. N of Pub. L. 114–113, enacting subchapter II of this chapter and sections 149 and 151 of this title, amending sections 148, 149, and 150 of this title and sections 3553 and 3554 of Title 44, Public Printing and Documents, and enacting provisions set out as a note under section 151 of this title] may be cited as the 'Federal Cybersecurity Enhancement Act of 2015'."
6 U.S.C. § 658 (2024) — Title 6: DOMESTIC SECURITY / Chapter 1: HOMELAND SECURITY ORGANIZATION / Subchapter XVIII: CYBERSECURITY AND INFRASTRUCTURE SECURITY AGENCY / Section 658: Cybersecurity recruitment and retention
Cybersecurity recruitment and retention
Status: in_force

(a) Definitions

In this section:

(1) Appropriate committees of Congress

The term "appropriate committees of Congress" means the Committee on Homeland Security and Governmental Affairs and the Committee on Appropriations of the Senate and the Committee on Homeland Security and the Committee on Appropriations of the House of Representatives.

(2) Collective bargaining agreement

The term "collective bargaining agreement" has the meaning given that term in section 7103(a)(8) of title 5.

(3) Excepted service

The term "excepted service" has the meaning given that term in section 2103 of title 5.

(4) Preference eligible

The term "preference eligible" has the meaning given that term in section 2108 of title 5.

(5) Qualified position

The term "qualified position" means a position, designated by the Secretary for the purpose of this section, in which the incumbent performs, manages, or supervises functions that execute the responsibilities of the Department relating to cybersecurity.

(6) Senior Executive Service

The term "Senior Executive Service" has the meaning given that term in section 2101a of title 5.

(b) General authority

(1) Establish positions, appoint personnel, and fix rates of pay

(A) General authority

The Secretary may—

(i) establish, as positions in the excepted service, such qualified positions in the Department as the Secretary determines necessary to carry out the responsibilities of the Department relating to cybersecurity, including positions formerly identified as—

(I) senior level positions designated under section 5376 of title 5; and

(II) positions in the Senior Executive Service;

(ii) appoint an individual to a qualified position (after taking into consideration the availability of preference eligibles for appointment to the position); and

(iii) subject to the requirements of paragraphs (2) and (3), fix the compensation of an individual for service in a qualified position.

(B) Construction with other laws

The authority of the Secretary under this subsection applies without regard to the provisions of any other law relating to the appointment, number, classification, or compensation of employees.

(2) Basic pay

(A) Authority to fix rates of basic pay

In accordance with this section, the Secretary shall fix the rates of basic pay for any qualified position established under paragraph (1) in relation to the rates of pay provided for employees in comparable positions in the Department of Defense and subject to the same limitations on maximum rates of pay established for such employees by law or regulation.

(B) Prevailing rate systems

The Secretary may, consistent with section 5341 of title 5, adopt such provisions of that title as provide for prevailing rate systems of basic pay and may apply those provisions to qualified positions for employees in or under which the Department may employ individuals described by section 5342(a)(2)(A) of that title.

(3) Additional compensation, incentives, and allowances

(A) Additional compensation based on title 5 authorities

The Secretary may provide employees in qualified positions compensation (in addition to basic pay), including benefits, incentives, and allowances, consistent with, and not in excess of the level authorized for, comparable positions authorized by title 5.

(B) Allowances in nonforeign areas

An employee in a qualified position whose rate of basic pay is fixed under paragraph (2)(A) shall be eligible for an allowance under section 5941 of title 5, on the same basis and to the same extent as if the employee was an employee covered by such section 5941, including eligibility conditions, allowance rates, and all other terms and conditions in law or regulation.

(4) Plan for execution of authorities

Not later than 120 days after December 18, 2014, the Secretary shall submit a report to the appropriate committees of Congress with a plan for the use of the authorities provided under this subsection.

(5) Collective bargaining agreements

Nothing in paragraph (1) may be construed to impair the continued effectiveness of a collective bargaining agreement with respect to an office, component, subcomponent, or equivalent of the Department that is a successor to an office, component, subcomponent, or equivalent of the Department covered by the agreement before the succession.

(6) Required regulations

The Secretary, in coordination with the Director of the Office of Personnel Management, shall prescribe regulations for the administration of this section.

(c) Annual report

Not later than 1 year after December 18, 2014, and every year thereafter for 4 years, the Secretary shall submit to the appropriate committees of Congress a detailed report that—

(1) discusses the process used by the Secretary in accepting applications, assessing candidates, ensuring adherence to veterans' preference, and selecting applicants for vacancies to be filled by an individual for a qualified position;

(2) describes—

(A) how the Secretary plans to fulfill the critical need of the Department to recruit and retain employees in qualified positions;

(B) the measures that will be used to measure progress; and

(C) any actions taken during the reporting period to fulfill such critical need;

(3) discusses how the planning and actions taken under paragraph (2) are integrated into the strategic workforce planning of the Department;

(4) provides metrics on actions occurring during the reporting period, including—

(A) the number of employees in qualified positions hired by occupation and grade and level or pay band;

(B) the placement of employees in qualified positions by directorate and office within the Department;

(C) the total number of veterans hired;

(D) the number of separations of employees in qualified positions by occupation and grade and level or pay band;

(E) the number of retirements of employees in qualified positions by occupation and grade and level or pay band; and

(F) the number and amounts of recruitment, relocation, and retention incentives paid to employees in qualified positions by occupation and grade and level or pay band; and

(5) describes the training provided to supervisors of employees in qualified positions at the Department on the use of the new authorities.

(d) Three-year probationary period

The probationary period for all employees hired under the authority established in this section shall be 3 years.

(e) Incumbents of existing competitive service positions

(1) In general

An individual serving in a position on December 18, 2014, that is selected to be converted to a position in the excepted service under this section shall have the right to refuse such conversion.

(2) Subsequent conversion

After the date on which an individual who refuses a conversion under paragraph (1) stops serving in the position selected to be converted, the position may be converted to a position in the excepted service.

(f) Study and report

Not later than 120 days after December 18, 2014, the National Protection and Programs Directorate shall submit a report regarding the availability of, and benefits (including cost savings and security) of using, cybersecurity personnel and facilities outside of the National Capital Region (as defined in section 2674 of title 10) to serve the Federal and national need to—

(1) the Subcommittee on Homeland Security of the Committee on Appropriations and the Committee on Homeland Security and Governmental Affairs of the Senate; and

(2) the Subcommittee on Homeland Security of the Committee on Appropriations and the Committee on Homeland Security of the House of Representatives.

(Pub. L. 107–296, title XXII, §2208, formerly title II, §226, as added Pub. L. 113–277, §3(a), Dec. 18, 2014, 128 Stat. 3005; renumbered title XXII, §2208, Pub. L. 115–278, §2(g)(2)(I), Nov. 16, 2018, 132 Stat. 4178.)

Editorial Notes

Codification

Section was formerly classified to section 147 of this title prior to renumbering by Pub. L. 115–278.

Statutory Notes and Related Subsidiaries

Change of Name

Reference to National Protection and Programs Directorate of the Department of Homeland Security deemed to be a reference to the Cybersecurity and Infrastructure Security Agency of the Department, see section 652(a)(2) of this title, enacted Nov. 16, 2018.
6 U.S.C. § 106 (2024) — Title 6: DOMESTIC SECURITY / Chapter 1: HOMELAND SECURITY ORGANIZATION / Section 106: Update of national biodefense implementation plan
Update of national biodefense implementation plan
Status: in_force

(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 1 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. 116–283, div. A, title III, §364, Jan. 1, 2021, 134 Stat. 3548.)

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.

1 So in original.
6 U.S.C. § 190 (2024) — Title 6: DOMESTIC SECURITY / Chapter 1: HOMELAND SECURITY ORGANIZATION / Subchapter III: SCIENCE AND TECHNOLOGY IN SUPPORT OF HOMELAND SECURITY / Section 190: Transfer of Plum Island Animal Disease Center, Department of Agriculture
Transfer of Plum Island Animal Disease Center, Department of Agriculture
Status: in_force

(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. 107–296, title III, §310, Nov. 25, 2002, 116 Stat. 2174.)

Statutory Notes and Related Subsidiaries

Transfer of National Bio and Agro-Defense Facility

Pub. L. 117–328, 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. 117–103, div. A, title VII, §730, Mar. 15, 2022, 136 Stat. 92.

Pub. L. 116–94, div. B, title VII, §766, Dec. 20, 2019, 133 Stat. 2655.

Disposition of Plum Island Property and Transportation Assets

Pub. L. 116–260, 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. 112–74, 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. 116–260, div. FF, title V, §501(b), Dec. 27, 2020, 134 Stat. 3136.
6 U.S.C. § 1523 (2024) — Title 6: DOMESTIC SECURITY / Chapter 6: CYBERSECURITY / Subchapter II: FEDERAL CYBERSECURITY ENHANCEMENT / Section 1523: Federal cybersecurity requirements
Federal cybersecurity requirements
Status: in_force

(a) Implementation of Federal cybersecurity standards

Consistent with section 3553 of title 44, the Secretary, in consultation with the Director, shall exercise the authority to issue binding operational directives to assist the Director in ensuring timely agency adoption of and compliance with policies and standards promulgated under section 11331 of title 40 1 for securing agency information systems.

(b) Cybersecurity requirements at agencies

(1) In general

Consistent with policies, standards, guidelines, and directives on information security under subchapter II of chapter 35 of title 44 and the standards and guidelines promulgated under section 11331 of title 40 and except as provided in paragraph (2), not later than 1 year after December 18, 2015, the head of each agency shall—

(A) identify sensitive and mission critical data stored by the agency consistent with the inventory required under the first subsection (c) (relating to the inventory of major information systems) and the second subsection (c) (relating to the inventory of information systems) of section 3505 of title 44;

(B) assess access controls to the data described in subparagraph (A), the need for readily accessible storage of the data, and individuals' need to access the data;

(C) encrypt or otherwise render indecipherable to unauthorized users the data described in subparagraph (A) that is stored on or transiting agency information systems;

(D) implement a single sign-on trusted identity platform for individuals accessing each public website of the agency that requires user authentication, as developed by the Administrator of General Services in collaboration with the Secretary; and

(E) implement identity management consistent with section 7464 of title 15, including multi-factor authentication, for—

(i) remote access to an agency information system; and

(ii) each user account with elevated privileges on an agency information system.

(2) Exception

The requirements under paragraph (1) shall not apply to an agency information system for which—

(A) the head of the agency has personally certified to the Director with particularity that—

(i) operational requirements articulated in the certification and related to the agency information system would make it excessively burdensome to implement the cybersecurity requirement;

(ii) the cybersecurity requirement is not necessary to secure the agency information system or agency information stored on or transiting it; and

(iii) the agency has taken all necessary steps to secure the agency information system and agency information stored on or transiting it; and

(B) the head of the agency or the designee of the head of the agency has submitted the certification described in subparagraph (A) to the appropriate congressional committees and the agency's authorizing committees.

(3) Construction

Nothing in this section shall be construed to alter the authority of the Secretary, the Director, or the Director of the National Institute of Standards and Technology in implementing subchapter II of chapter 35 of title 44. Nothing in this section shall be construed to affect the National Institute of Standards and Technology standards process or the requirement under section 3553(a)(4) of such title or to discourage continued improvements and advancements in the technology, standards, policies, and guidelines used to promote Federal information security.

(c) Exception

The requirements under this section shall not apply to the Department of Defense, a national security system, or an element of the intelligence community.

(Pub. L. 114–113, div. N, title II, §225, Dec. 18, 2015, 129 Stat. 2967.)

Editorial Notes

References in Text

The text of section 11331 of title 40, referred to in subsec. (a), was generally amended by Pub. L. 117–167, div. B, title II, §10246(f), Aug. 9, 2022, 136 Stat. 1492, so as to provide for the prescription by the Secretary of Commerce of standards and guidelines pertaining to Federal information systems.

1 See References in Text note below.
6 U.S.C. § 381 (2024) — Title 6: DOMESTIC SECURITY / Chapter 1: HOMELAND SECURITY ORGANIZATION / Subchapter VIII: COORDINATION WITH NON-FEDERAL ENTITIES; INSPECTOR GENERAL; UNITED STATES SECRET SERVICE; COAST GUARD; GENERAL PROVISIONS / Section 381: Functions transferred
Functions transferred
Status: in_force

In accordance with subchapter XII, there shall be transferred to the Secretary the functions, personnel, assets, and obligations of the United States Secret Service, which shall be maintained as a distinct entity within the Department, including the functions of the Secretary of the Treasury relating thereto.

(Pub. L. 107–296, title VIII, §821, Nov. 25, 2002, 116 Stat. 2224.)
6 U.S.C. § 653 (2024) — Title 6: DOMESTIC SECURITY / Chapter 1: HOMELAND SECURITY ORGANIZATION / Subchapter XVIII: CYBERSECURITY AND INFRASTRUCTURE SECURITY AGENCY / Section 653: Cybersecurity Division
Cybersecurity Division
Status: in_force

(a) Establishment

(1) In general

There is established in the Agency a Cybersecurity Division.

(2) Executive Assistant Director

The Cybersecurity Division shall be headed by an Executive Assistant Director for Cybersecurity (in this section referred to as "the Executive Assistant Director"), who shall—

(A) be at the level of Assistant Secretary within the Department;

(B) be appointed by the President without the advice and consent of the Senate; and

(C) report to the Director.

(3) Reference

Any reference to the Assistant Secretary for Cybersecurity and Communications or Assistant Director for Cybersecurity in any law, regulation, map, document, record, or other paper of the United States shall be deemed to be a reference to the Executive Assistant Director for Cybersecurity.

(b) Functions

The Executive Assistant Director shall—

(1) direct the cybersecurity efforts of the Agency;

(2) carry out activities, at the direction of the Director, related to the security of Federal information and Federal information systems consistent with law, including subchapter II of chapter 35 of title 44 and the Cybersecurity Act of 2015 (contained in division N of the Consolidated Appropriations Act, 2016 (Public Law 114–113));

(3) fully participate in the mechanisms required under section 652(c)(7) of this title; and

(4) carry out such other duties and powers as prescribed by the Director.

(Pub. L. 107–296, title XXII, §2203, as added Pub. L. 115–278, §2(a), Nov. 16, 2018, 132 Stat. 4174; amended Pub. L. 116–283, div. H, title XC, §9001(c)(1), Jan. 1, 2021, 134 Stat. 4766.)

Editorial Notes

References in Text

The Cybersecurity Act of 2015, referred to in subsec. (b)(2), is div. N of Pub. L. 114–113, Dec. 18, 2015, 129 Stat. 2835. For complete classification of this Act to the Code, see Short Title note set out under section 1501 of this title and Tables.

Amendments

2021—Subsec. (a)(2). Pub. L. 116–283, §9001(c)(1)(A)(i), in heading, substituted "Executive Assistant Director" for "Assistant Director" and, in introductory provisions, substituted "Executive Assistant Director for Cybersecurity" for "Assistant Director for Cybersecurity" and " 'the Executive Assistant Director' " for "the 'Assistant Director' ".

Subsec. (a)(3). Pub. L. 116–283, §9001(c)(1)(A)(ii), inserted "or Assistant Director for Cybersecurity" after "Assistant Secretary for Cybersecurity" and substituted "Executive Assistant Director for Cybersecurity." for "Assistant Director for Cybersecurity."

Subsec. (b). Pub. L. 116–283, §9001(c)(1)(B), substituted "Executive Assistant Director" for "Assistant Director" in introductory provisions.

Statutory Notes and Related Subsidiaries

Continuation in Office

Pub. L. 116–283, div. H, title XC, §9001(c)(2), Jan. 1, 2021, 134 Stat. 4767, provided that: "The individual serving as the Assistant Director for Cybersecurity of the Cybersecurity and Infrastructure Security Agency of the Department of Homeland Security on the day before the date of enactment of this Act [Jan. 1, 2021] may serve as the Executive Assistant Director for Cybersecurity on and after that date without the need for renomination or reappointment."

Assistant Secretary for Cybersecurity and Communications Authorized To Serve as Assistant Director for Cybersecurity

Pub. L. 115–278, §2(b)(3), Nov. 16, 2018, 132 Stat. 4175, provided that: "The individual serving as the Assistant Secretary for Cybersecurity and Communications on the day before the date of enactment of this Act [Nov. 16, 2018] may continue to serve as the Assistant Director for Cybersecurity on and after such date."
6 U.S.C. § 743 (2024) — Title 6: DOMESTIC SECURITY / Chapter 2: NATIONAL EMERGENCY MANAGEMENT / Subchapter II: COMPREHENSIVE PREPAREDNESS SYSTEM / Section 743: National preparedness goal
National preparedness goal
Status: in_force

(a) Establishment

The President, acting through the Administrator, shall complete, revise, and update, as necessary, a national preparedness goal that defines the target level of preparedness to ensure the Nation's ability to prevent, respond to, recover from, and mitigate against natural disasters, acts of terrorism, and other man-made disasters.

(b) National Incident Management System and National Response Plan

The national preparedness goal, to the greatest extent practicable, shall be consistent with the National Incident Management System and the National Response Plan.

(Pub. L. 109–295, title VI, §643, Oct. 4, 2006, 120 Stat. 1425.)
6 U.S.C. § 442 (2024) — Title 6: DOMESTIC SECURITY / Chapter 1: HOMELAND SECURITY ORGANIZATION / Subchapter VIII: COORDINATION WITH NON-FEDERAL ENTITIES; INSPECTOR GENERAL; UNITED STATES SECRET SERVICE; COAST GUARD; GENERAL PROVISIONS / Section 442: Litigation management
Litigation management
Status: in_force

(a) Federal cause of action

(1) In general

There shall exist a Federal cause of action for claims arising out of, relating to, or resulting from an act of terrorism when qualified anti-terrorism technologies have been deployed in defense against or response or recovery from such act and such claims result or may result in loss to the Seller. The substantive law for decision in any such action shall be derived from the law, including choice of law principles, of the State in which such acts of terrorism occurred, unless such law is inconsistent with or preempted by Federal law. Such Federal cause of action shall be brought only for claims for injuries that are proximately caused by sellers 1 that provide qualified anti-terrorism technology to Federal and non-Federal government 2 customers.

(2) Jurisdiction

Such appropriate district court of the United States shall have original and exclusive jurisdiction over all actions for any claim for loss of property, personal injury, or death arising out of, relating to, or resulting from an act of terrorism when qualified anti-terrorism technologies have been deployed in defense against or response or recovery from such act and such claims result or may result in loss to the Seller.

(b) Special rules

In an action brought under this section for damages the following provisions apply:

(1) Punitive damages

No punitive damages intended to punish or deter, exemplary damages, or other damages not intended to compensate a plaintiff for actual losses may be awarded, nor shall any party be liable for interest prior to the judgment.

(2) Noneconomic damages

(A) In general

Noneconomic damages may be awarded against a defendant only in an amount directly proportional to the percentage of responsibility of such defendant for the harm to the plaintiff, and no plaintiff may recover noneconomic damages unless the plaintiff suffered physical harm.

(B) Definition

For purposes of subparagraph (A), the term "noneconomic damages" means damages for losses for physical and emotional pain, suffering, inconvenience, physical impairment, mental anguish, disfigurement, loss of enjoyment of life, loss of society and companionship, loss of consortium, hedonic damages, injury to reputation, and any other nonpecuniary losses.

(c) Collateral sources

Any recovery by a plaintiff in an action under this section shall be reduced by the amount of collateral source compensation, if any, that the plaintiff has received or is entitled to receive as a result of such acts of terrorism that result or may result in loss to the Seller.

(d) Government contractor defense

(1) In general

Should a product liability or other lawsuit be filed for claims arising out of, relating to, or resulting from an act of terrorism when qualified anti-terrorism technologies approved by the Secretary, as provided in paragraphs (2) and (3) of this subsection, have been deployed in defense against or response or recovery from such act and such claims result or may result in loss to the Seller, there shall be a rebuttable presumption that the government contractor defense applies in such lawsuit. This presumption shall only be overcome by evidence showing that the Seller acted fraudulently or with willful misconduct in submitting information to the Secretary during the course of the Secretary's consideration of such technology under this subsection. This presumption of the government contractor defense shall apply regardless of whether the claim against the Seller arises from a sale of the product to Federal Government or non-Federal Government customers.

(2) Exclusive responsibility

The Secretary will be exclusively responsible for the review and approval of anti-terrorism technology for purposes of establishing a government contractor defense in any product liability lawsuit for claims arising out of, relating to, or resulting from an act of terrorism when qualified anti-terrorism technologies approved by the Secretary, as provided in this paragraph and paragraph (3), have been deployed in defense against or response or recovery from such act and such claims result or may result in loss to the Seller. Upon the Seller's submission to the Secretary for approval of anti-terrorism technology, the Secretary will conduct a comprehensive review of the design of such technology and determine whether it will perform as intended, conforms to the Seller's specifications, and is safe for use as intended. The Seller will conduct safety and hazard analyses on such technology and will supply the Secretary with all such information.

(3) Certificate

For anti-terrorism technology reviewed and approved by the Secretary, the Secretary will issue a certificate of conformance to the Seller and place the anti-terrorism technology on an Approved Product List for Homeland Security.

(e) Exclusion

Nothing in this section shall in any way limit the ability of any person to seek any form of recovery from any person, government, or other entity that—

(1) attempts to commit, knowingly participates in, aids and abets, or commits any act of terrorism, or any criminal act related to or resulting from such act of terrorism; or

(2) participates in a conspiracy to commit any such act of terrorism or any such criminal act.

(Pub. L. 107–296, title VIII, §863, Nov. 25, 2002, 116 Stat. 2239.)

1 So in original. Probably should be "Sellers".

2 So in original. Probably should be "Government".
6 U.S.C. § 677b (2024) — Title 6: DOMESTIC SECURITY / Chapter 1: HOMELAND SECURITY ORGANIZATION / Subchapter XVIII: CYBERSECURITY AND INFRASTRUCTURE SECURITY AGENCY / Section 677b: Declaration
Declaration
Status: in_force

(a) In general

(1) Declaration

The Secretary, in consultation with the National Cyber Director, may make a declaration of a significant incident in accordance with this section for the purpose of enabling the activities described in this part if the Secretary determines that—

(A) a specific significant incident—

(i) has occurred; or

(ii) is likely to occur imminently; and

(B) otherwise available resources, other than the Fund, are likely insufficient to respond effectively to, or to mitigate effectively, the specific significant incident described in subparagraph (A).

(2) Prohibition on delegation

The Secretary may not delegate the authority provided to the Secretary under paragraph (1).

(b) Asset response activities

Upon a declaration, the Director shall coordinate—

(1) the asset response activities of each Federal agency in response to the specific significant incident associated with the declaration; and

(2) with appropriate entities, which may include—

(A) public and private entities and State and local governments with respect to the asset response activities of those entities and governments; and

(B) Federal, State, local, and Tribal law enforcement agencies with respect to investigations and threat response activities of those law enforcement agencies; and

(3) Federal, State, local, and Tribal emergency management and response agencies.

(c) Duration

Subject to subsection (d), a declaration shall terminate upon the earlier of—

(1) a determination by the Secretary that the declaration is no longer necessary; or

(2) the expiration of the 120-day period beginning on the date on which the Secretary makes the declaration.

(d) Renewal

The Secretary, without delegation, may renew a declaration as necessary.

(e) Publication

(1) In general

Not later than 72 hours after a declaration or a renewal, the Secretary shall publish the declaration or renewal in the Federal Register.

(2) Prohibition

A declaration or renewal published under paragraph (1) may not include the name of any affected individual or private company.

(f) Advance actions

(1) In general

The Secretary—

(A) shall assess the resources available to respond to a potential declaration; and

(B) may take actions before and while a declaration is in effect to arrange or procure additional resources for asset response activities or technical assistance the Secretary determines necessary, which may include entering into standby contracts with private entities for cybersecurity services or incident responders in the event of a declaration.

(2) Expenditure of funds

Any expenditure from the Fund for the purpose of paragraph (1)(B) shall be made from amounts available in the Fund, and amounts available in the Fund shall be in addition to any other appropriations available to the Cybersecurity and Infrastructure Security Agency for such purpose.

(Pub. L. 107–296, title XXII, §2233, as added Pub. L. 117–58, div. G, title VI, §70602(a), Nov. 15, 2021, 135 Stat. 1268.)
6 U.S.C. § 469 (2024) — Title 6: DOMESTIC SECURITY / Chapter 1: HOMELAND SECURITY ORGANIZATION / Subchapter VIII: COORDINATION WITH NON-FEDERAL ENTITIES; INSPECTOR GENERAL; UNITED STATES SECRET SERVICE; COAST GUARD; GENERAL PROVISIONS / Section 469: Fees for credentialing and background investigations in transportation
Fees for credentialing and background investigations in transportation
Status: in_force

(a) Fees

For fiscal year 2004 and thereafter, the Secretary of Homeland Security shall charge reasonable fees for providing credentialing and background investigations in the field of transportation: Provided, That the establishment and collection of fees shall be subject to the following requirements:

(1) such fees, in the aggregate, shall not exceed the costs incurred by the Department of Homeland Security associated with providing the credential or performing the background record checks;

(2) the Secretary shall charge fees in amounts that are reasonably related to the costs of providing services in connection with the activity or item for which the fee is charged;

(3) a fee may not be collected except to the extent such fee will be expended to pay for the costs of conducting or obtaining a criminal history record check and a review of available law enforcement databases and commercial databases and records of other governmental and international agencies; reviewing and adjudicating requests for waiver and appeals of agency decisions with respect to providing the credential, performing the background record check, and denying requests for waiver and appeals; and any other costs related to providing the credential or performing the background record check; and

(4) any fee collected shall be available for expenditure only to pay the costs incurred in providing services in connection with the activity or item for which the fee is charged and shall remain available until expended.

(b) Recurrent training of aliens in operation of aircraft

(1) Process for reviewing threat assessments

Notwithstanding section 44939(e) of title 49, the Secretary shall establish a process to ensure that an alien (as defined in section 101(a)(3) of the Immigration and Nationality Act (8 U.S.C. 1101(a)(3)) applying for recurrent training in the operation of any aircraft is properly identified and has not, since the time of any prior threat assessment conducted pursuant to section 44939(a) of such title, become a risk to aviation or national security.

(2) Interruption of training

If the Secretary determines, in carrying out the process established under paragraph (1), that an alien is a present risk to aviation or national security, the Secretary shall immediately notify the person providing the training of the determination and that person shall not provide the training or if such training has commenced that person shall immediately terminate the training.

(3) Fees

The Secretary may charge reasonable fees under subsection (a) for providing credentialing and background investigations for aliens in connection with the process for recurrent training established under paragraph (1). Such fees shall be promulgated by notice in the Federal Register.

(Pub. L. 108–90, title V, §520, Oct. 1, 2003, 117 Stat. 1156; Pub. L. 110–329, div. D, title V, §543, Sept. 30, 2008, 122 Stat. 3689.)

Editorial Notes

Codification

Section was enacted as part of the Department of Homeland Security Appropriations Act, 2004, and not as part of the Homeland Security Act of 2002 which comprises this chapter.

Amendments

2008—Pub. L. 110–329 designated existing provisions as subsec. (a), inserted heading, and added subsec. (b).
6 U.S.C. § 472 (2024) — Title 6: DOMESTIC SECURITY / Chapter 1: HOMELAND SECURITY ORGANIZATION / Subchapter VIII: COORDINATION WITH NON-FEDERAL ENTITIES; INSPECTOR GENERAL; UNITED STATES SECRET SERVICE; COAST GUARD; GENERAL PROVISIONS / Section 472: Annual weaponry report
Annual weaponry report
Status: in_force

(a) The Secretary of Homeland Security shall submit to the Congress, not later than 180 days after March 4, 2015, and annually thereafter, beginning at the time the President's budget proposal for fiscal year 2017 is submitted pursuant to section 1105(a) of title 31, a comprehensive report on the purchase and usage of weapons, subdivided by weapon type. The report shall include—

(1) the quantity of weapons in inventory at the end of the preceding calendar year, and the amount of weapons, subdivided by weapon type, included in the budget request for each relevant component or agency in the Department of Homeland Security;

(2) a description of how such quantity and purchase aligns to each component or agency's mission requirements for certification, qualification, training, and operations; and

(3) details on all contracting practices applied by the Department of Homeland Security, including comparative details regarding other contracting options with respect to cost and availability.

(b) The reports required by subsection (a) shall be submitted in an appropriate format in order to ensure the safety of law enforcement personnel.

(Pub. L. 114–4, title V, §562, Mar. 4, 2015, 129 Stat. 72.)

Editorial Notes

Codification

Section was enacted as part of the appropriation act cited in the credit of this section, and not as part of the Homeland Security Act of 2002 which comprises this chapter.
6 U.S.C. § 596 (2024) — Title 6: DOMESTIC SECURITY / Chapter 1: HOMELAND SECURITY ORGANIZATION / Subchapter XIV: COUNTERING WEAPONS OF MASS DESTRUCTION OFFICE / Section 596: Contracting and grant making authorities
Contracting and grant making authorities
Status: in_force

The Secretary, acting through the Assistant Secretary, in carrying out the responsibilities under section 592 of this title, shall—

(1) operate extramural and intramural programs and distribute funds through grants, cooperative agreements, and other transactions and contracts;

(2) ensure that activities under section 592 of this title include investigations of radiation detection equipment in configurations suitable for deployment at seaports, which may include underwater or water surface detection equipment and detection equipment that can be mounted on cranes and straddle cars used to move shipping containers; and

(3) 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 and carry out other responsibilities under this subchapter.

(Pub. L. 107–296, title XIX, §1926, formerly title XVIII, §1806, as added Pub. L. 109–347, title V, §501(a), Oct. 13, 2006, 120 Stat. 1935; renumbered title XIX, §1906, and amended Pub. L. 110–53, title I, §104(a)(1), (2), (4), Aug. 3, 2007, 121 Stat. 294; renumbered §1926 and amended Pub. L. 115–387, §2(a)(5), (8), Dec. 21, 2018, 132 Stat. 5163, 5164.)

Editorial Notes

Amendments

2018—Pub. L. 115–387, §2(a)(8)(A), in introductory provisions, substituted "Assistant Secretary" for "Director for Domestic Nuclear Detection" and "section 592" for "paragraphs (6) and (7) of section 592(a)".

Par. (2). Pub. L. 115–387, §2(a)(8)(B), substituted "section 592" for "paragraphs (6) and (7) of section 592(a)".

2007—Pub. L. 110–53, §104(a)(4), made technical amendment to reference in original act which appears in two places in text as reference to section 592(a) of this title.
6 U.S.C. § 792 (2024) — Title 6: DOMESTIC SECURITY / Chapter 2: NATIONAL EMERGENCY MANAGEMENT / Subchapter II: COMPREHENSIVE PREPAREDNESS SYSTEM / Section 792: Repealed. Pub. L. 117-253, §1, Dec. 20, 2022, 136 Stat. 2360
Repealed. Pub. L. 117-253, §1, Dec. 20, 2022, 136 Stat. 2360
Status: repealed

Section, Pub. L. 109–295, title VI, §692, Oct. 4, 2006, 120 Stat. 1458, related to limitations on tiering of subcontractors.
6 U.S.C. § 823 (2024) — Title 6: DOMESTIC SECURITY / Chapter 2: NATIONAL EMERGENCY MANAGEMENT / Subchapter II: COMPREHENSIVE PREPAREDNESS SYSTEM / Section 823: Report required
Report required
Status: in_force

(a) In general

Not later than 1 year after December 23, 2022, and every 10 years thereafter, the Secretary, in coordination with the Administrator, shall submit to the Committee on Homeland Security and Governmental Affairs and the Committee on Armed Services of the Senate and the Committee on Transportation and Infrastructure and the Committee on Armed Services of the House of Representatives a report containing a detailed assessment, based on the input and coordination required under section 822 of this title, of global catastrophic and existential risk.

(b) Matters covered

Each report required under subsection (a) shall include—

(1) expert estimates of cumulative global catastrophic and existential risk in the next 30 years, including separate estimates for the likelihood of occurrence and potential consequences;

(2) expert-informed analyses of the risk of the most concerning specific global catastrophic and existential threats, including separate estimates, where reasonably feasible and credible, of each threat for its likelihood of occurrence and its potential consequences, as well as associated uncertainties;

(3) a comprehensive list of potential catastrophic or existential threats, including even those that may have very low likelihood;

(4) technical assessments and lay explanations of the analyzed global catastrophic and existential risks, including their qualitative character and key factors affecting their likelihood of occurrence and potential consequences;

(5) an explanation of any factors that limit the ability of the Secretary to assess the risk both cumulatively and for particular threats, and how those limitations may be overcome through future research or with additional resources, programs, or authorities;

(6) a forecast of if and why global catastrophic and existential risk is likely to increase or decrease significantly in the next 10 years, both qualitatively and quantitatively, as well as a description of associated uncertainties;

(7) proposals for how the Federal Government may more adequately assess global catastrophic and existential risk on an ongoing basis in future years;

(8) recommendations for legislative actions, as appropriate, to support the evaluation and assessment of global catastrophic and existential risk; and

(9) other matters deemed appropriate by the Secretary, in coordination with the Administrator, and based on the input and coordination required under section 822 of this title.

(c) Consultation requirement

In producing the report required under subsection (a), the Secretary shall—

(1) regularly consult with experts on severe global pandemics, nuclear war, asteroid and comet impacts, supervolcanoes, sudden and severe changes to the climate, and intentional or accidental threats arising from the use and development of emerging technologies; and

(2) share information gained through the consultation required under paragraph (1) with relevant Federal partners listed in section 822(b) of this title.

(Pub. L. 117–263, div. G, title LXXIII, §7304, Dec. 23, 2022, 136 Stat. 3686.)
6 U.S.C. § 1119 (2024) — Title 6: DOMESTIC SECURITY / Chapter 4: TRANSPORTATION SECURITY / Subchapter II: TRANSPORTATION SECURITY ENHANCEMENTS / Section 1119: Voluntary use of credentialing
Voluntary use of credentialing
Status: in_force

(a) In general

An applicable individual who is subject to credentialing or a background investigation may satisfy that requirement by obtaining a valid transportation security card.

(b) Issuance of cards

The Secretary of Homeland Security—

(1) shall expand the transportation security card program, consistent with section 70105 of title 46, to allow an applicable individual who is subject to credentialing or a background investigation to apply for a transportation security card; and

(2) may charge reasonable fees, in accordance with section 469(a) of this title, for providing the necessary credentialing and background investigation.

(c) Vetting

The Administrator shall develop and implement a plan to utilize, in addition to any background check required for initial issue, the Federal Bureau of Investigation's Rap Back Service and other vetting tools as appropriate, including the No-Fly and Selectee lists, to get immediate notification of any criminal activity relating to any person with a valid transportation security card.

(d) Definitions

In this section:

(1) Applicable individual who is subject to credentialing or a background investigation

The term "applicable individual who is subject to credentialing or a background investigation" means only an individual who—

(A) because of employment is regulated by the Transportation Security Administration, Department of Transportation, or Coast Guard and is required to have a background records check to obtain a hazardous materials endorsement on a commercial driver's license issued by a State under section 5103a of title 49; or

(B) is required to have a credential and background records check under section 622(d)(2) 1 of this title at a facility with activities that are regulated by the Transportation Security Administration, Department of Transportation, or Coast Guard.

(2) Valid transportation security card

The term "valid transportation security card" means a transportation security card that is—

(A) issued under section 70105 of title 46;

(B) not expired;

(C) shows 2 no signs of tampering; and

(D) bears 2 a photograph of the individual representing such card.

(Pub. L. 115–254, div. K, title I, §1977, Oct. 5, 2018, 132 Stat. 3617.)

Editorial Notes

References in Text

Section 622 of this title, referred to in subsec. (d)(1)(B), was omitted from the Code.

Codification

Section was enacted as part of the TSA Modernization Act and also as part of the FAA Reauthorization Act of 2018, and not as part of the Implementing Recommendations of the 9/11 Commission Act of 2007 which comprises this chapter.

Statutory Notes and Related Subsidiaries

Definition

For definition of "Administrator" as used in this section, see section 1902 of Pub. L. 115–254, set out as a note under section 101 of Title 49, Transportation.

1 See References in Text note below.

2 So in original.
6 U.S.C. § 825 (2024) — Title 6: DOMESTIC SECURITY / Chapter 2: NATIONAL EMERGENCY MANAGEMENT / Subchapter II: COMPREHENSIVE PREPAREDNESS SYSTEM / Section 825: Rules of construction
Rules of construction
Status: in_force

(a) Administrator

Nothing in this part shall be construed to supersede the civilian emergency management authority of the Administrator under the Robert T. Stafford Disaster Relief and Emergency Assistance Act (42 U.S.C. 5121 et seq.) or the Post Katrina Emergency Management Reform Act 1 (6 U.S.C. 701 et seq.).

(b) Secretary

Nothing in this part shall be construed as providing new authority to the Secretary, except to coordinate and facilitate the development of the assessments and reports required pursuant to this part.

(Pub. L. 117–263, div. G, title LXXIII, §7309, Dec. 23, 2022, 136 Stat. 3689.)

Editorial Notes

References in Text

The Robert T. Stafford Disaster Relief and Emergency Assistance Act, referred to in subsec. (a), is Pub. L. 93–288, May 22, 1974, 88 Stat. 143, which is classified principally to chapter 68 (§5121 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 5121 of Title 42 and Tables.

The Post Katrina Emergency Management Reform Act, referred to in subsec. (a), probably means the Post-Katrina Emergency Management Reform Act of 2006, which is title VI of Pub. L. 109–295, Oct. 4, 2006, 120 Stat. 1394, which enacted this chapter and enacted and amended numerous other sections and notes in the Code. For complete classification of this Act to the Code, see Short Title note set out under section 701 of this title and Tables.

1 See References in Text note below.
6 U.S.C. § 343 (2024) — Title 6: DOMESTIC SECURITY / Chapter 1: HOMELAND SECURITY ORGANIZATION / Subchapter VII: MANAGEMENT / Section 343: Chief Information Officer
Chief Information Officer
Status: in_force

(a) In general

The Chief Information Officer shall report to the Secretary, or to another official of the Department, as the Secretary may direct.

(b) Geospatial information functions

(1) Definitions

As used in this subsection:

(A) Geospatial information

The term "geospatial information" means graphical or digital data depicting natural or manmade physical features, phenomena, or boundaries of the earth and any information related thereto, including surveys, maps, charts, remote sensing data, and images.

(B) Geospatial technology

The term "geospatial technology" means any technology utilized by analysts, specialists, surveyors, photogrammetrists, hydrographers, geodesists, cartographers, architects, or engineers for the collection, storage, retrieval, or dissemination of geospatial information, including—

(i) global satellite surveillance systems;

(ii) global position systems;

(iii) geographic information systems;

(iv) mapping equipment;

(v) geocoding technology; and

(vi) remote sensing devices.

(2) Office of Geospatial Management

(A) Establishment

The Office of Geospatial Management is established within the Office of the Chief Information Officer.

(B) Geospatial Information Officer

(i) Appointment

The Office of Geospatial Management shall be administered by the Geospatial Information Officer, who shall be appointed by the Secretary and serve under the direction of the Chief Information Officer.

(ii) Functions

The Geospatial Information Officer shall assist the Chief Information Officer in carrying out all functions under this section and in coordinating the geospatial information needs of the Department.

(C) Coordination of geospatial information

The Chief Information Officer shall establish and carry out a program to provide for the efficient use of geospatial information, which shall include—

(i) providing such geospatial information as may be necessary to implement the critical infrastructure protection programs;

(ii) providing leadership and coordination in meeting the geospatial information requirements of those responsible for planning, prevention, mitigation, assessment and response to emergencies, critical infrastructure protection, and other functions of the Department; and

(iii) coordinating with users of geospatial information within the Department to assure interoperability and prevent unnecessary duplication.

(D) Responsibilities

In carrying out this subsection, the responsibilities of the Chief Information Officer shall include—

(i) coordinating the geospatial information needs and activities of the Department;

(ii) implementing standards, as adopted by the Director of the Office of Management and Budget under the processes established under section 216 of the E-Government Act of 2002 (44 U.S.C. 3501 note), to facilitate the interoperability of geospatial information pertaining to homeland security among all users of such information within—

(I) the Department;

(II) State and local government; and

(III) the private sector;

(iii) coordinating with the Federal Geographic Data Committee and carrying out the responsibilities of the Department pursuant to Office of Management and Budget Circular A–16 and Executive Order 12906; and

(iv) making recommendations to the Secretary and the Executive Director of the Office for State and Local Government Coordination and Preparedness on awarding grants to—

(I) fund the creation of geospatial data; and

(II) execute information sharing agreements regarding geospatial data with State, local, and tribal governments.

(3) Authorization of appropriations

There are authorized to be appropriated such sums as may be necessary to carry out this subsection for each fiscal year.

(Pub. L. 107–296, title VII, §703, Nov. 25, 2002, 116 Stat. 2219; Pub. L. 108–458, title VIII, §8201(b), Dec. 17, 2004, 118 Stat. 3865.)

Editorial Notes

References in Text

Section 216 of the E-Government Act of 2002, referred to in subsec. (b)(2)(D)(ii), is section 216 of Pub. L. 107–347, which is set out in a note under section 3501 of Title 44, Public Printing and Documents.

Executive Order 12906, referred to in subsec. (b)(2)(D)(iii), is set out as a note under section 1457 of Title 43, Public Lands.

Amendments

2004—Pub. L. 108–458 designated existing provisions as subsec. (a), inserted heading, and added subsec. (b).

Statutory Notes and Related Subsidiaries

Findings

Pub. L. 108–458, title VIII, §8201(a), Dec. 17, 2004, 118 Stat. 3865, provided that: "Congress makes the following findings:

"(1) Geospatial technologies and geospatial data improve government capabilities to detect, plan for, prepare for, and respond to disasters in order to save lives and protect property.

"(2) Geospatial data improves the ability of information technology applications and systems to enhance public security in a cost-effective manner.

"(3) Geospatial information preparedness in the United States, and specifically in the Department of Homeland Security, is insufficient because of—

"(A) inadequate geospatial data compatibility;

"(B) insufficient geospatial data sharing; and

"(C) technology interoperability barriers."
6 U.S.C. § 1401 (2024) — Title 6: DOMESTIC SECURITY / Chapter 5: BORDER INFRASTRUCTURE AND TECHNOLOGY MODERNIZATION / Section 1401: Definitions
Definitions
Status: in_force

In this chapter:

(1) Commissioner

The term "Commissioner" means the Commissioner of U.S. Customs and Border Protection of the Department of Homeland Security.

(2) Maquiladora

The term "maquiladora" means an entity located in Mexico that assembles and produces goods from imported parts for export to the United States.

(3) Northern border

The term "northern border" means the international border between the United States and Canada.

(4) Secretary

The term "Secretary" means the Secretary of the Department of Homeland Security.

(5) Southern border

The term "southern border" means the international border between the United States and Mexico.

(Pub. L. 110–161, div. E, title VI, §602, Dec. 26, 2007, 121 Stat. 2094.)

Statutory Notes and Related Subsidiaries

Short Title

Pub. L. 110–161, div. E, title VI, §601, Dec. 26, 2007, 121 Stat. 2094, provided that: "This title [enacting this chapter] may be cited as the 'Border Infrastructure and Technology Modernization Act of 2007'."
6 U.S.C. § 224 (2024) — Title 6: DOMESTIC SECURITY / Chapter 1: HOMELAND SECURITY ORGANIZATION / Subchapter IV: BORDER, MARITIME, AND TRANSPORTATION SECURITY / Section 224: Other reporting requirements
Other reporting requirements
Status: in_force

(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 Protection's 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 Protection's 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. 116–277, §5, Dec. 31, 2020, 134 Stat. 3370.)

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.
6 U.S.C. § 195i (2024) — Title 6: DOMESTIC SECURITY / Chapter 1: HOMELAND SECURITY ORGANIZATION / Subchapter III: SCIENCE AND TECHNOLOGY IN SUPPORT OF HOMELAND SECURITY / Section 195i: Chemical Security Analysis Center
Chemical Security Analysis Center
Status: in_force

(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. 107–296, title III, §323, as added Pub. L. 117–263, div. G, title LXXI, §7106(a), Dec. 23, 2022, 136 Stat. 3624.)

Editorial Notes

References in Text

The Toxic Substances Control Act, referred to in subsec. (d)(2), is Pub. L. 94–469, 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. 96–510, 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.
6 U.S.C. § 444 (2024) — Title 6: DOMESTIC SECURITY / Chapter 1: HOMELAND SECURITY ORGANIZATION / Subchapter VIII: COORDINATION WITH NON-FEDERAL ENTITIES; INSPECTOR GENERAL; UNITED STATES SECRET SERVICE; COAST GUARD; GENERAL PROVISIONS / Section 444: Definitions
Definitions
Status: in_force

For purposes of this part, the following definitions apply:

(1) Qualified anti-terrorism technology

For purposes of this part, the term "qualified anti-terrorism technology" means any product, equipment, service (including support services), device, or technology (including information technology) designed, developed, modified, or procured for the specific purpose of preventing, detecting, identifying, or deterring acts of terrorism or limiting the harm such acts might otherwise cause, that is designated as such by the Secretary.

(2) Act of terrorism

(A) The term "act of terrorism" means any act that the Secretary determines meets the requirements under subparagraph (B), as such requirements are further defined and specified by the Secretary.

(B) Requirements.—An act meets the requirements of this subparagraph if the act—

(i) is unlawful;

(ii) causes harm to a person, property, or entity, in the United States, or in the case of a domestic United States air carrier or a United States-flag vessel (or a vessel based principally in the United States on which United States income tax is paid and whose insurance coverage is subject to regulation in the United States), in or outside the United States; and

(iii) uses or attempts to use instrumentalities, weapons or other methods designed or intended to cause mass destruction, injury or other loss to citizens or institutions of the United States.

(3) Insurance carrier

The term "insurance carrier" means any corporation, association, society, order, firm, company, mutual,1 partnership, individual aggregation of individuals, or any other legal entity that provides commercial property and casualty insurance. Such term includes any affiliates of a commercial insurance carrier.

(4) Liability insurance

(A) 2 In general

The term "liability insurance" means insurance for legal liabilities incurred by the insured resulting from—

(i) loss of or damage to property of others;

(ii) ensuing loss of income or extra expense incurred because of loss of or damage to property of others;

(iii) bodily injury (including) to persons other than the insured or its employees; or

(iv) loss resulting from debt or default of another.

(5) Loss

The term "loss" means death, bodily injury, or loss of or damage to property, including business interruption loss.

(6) Non-Federal Government customers

The term "non-Federal Government customers" means any customer of a Seller that is not an agency or instrumentality of the United States Government with authority under Public Law 85–804 [50 U.S.C. 1431 et seq.] to provide for indemnification under certain circumstances for third-party claims against its contractors, including but not limited to State and local authorities and commercial entities.

(Pub. L. 107–296, title VIII, §865, Nov. 25, 2002, 116 Stat. 2241.)

Editorial Notes

References in Text

Public Law 85–804, referred to in par. (6), is Pub. L. 85–804, Aug. 28, 1958, 72 Stat. 972, which is classified generally to chapter 29 (§1431 et seq.) of Title 50, War and National Defense. For complete classification of this Act to the Code, see Tables.

1 So in original.

2 So in original. No subpar. (B) has been enacted.
6 U.S.C. § 1201 (2024) — Title 6: DOMESTIC SECURITY / Chapter 4: TRANSPORTATION SECURITY / Subchapter IV: SURFACE TRANSPORTATION SECURITY / Section 1201: Railroad routing of security-sensitive materials
Railroad routing of security-sensitive materials
Status: in_force

(a) In general

Not later than 9 months after August 3, 2007, the Secretary of Transportation, in consultation with the Secretary, shall publish a final rule based on the Pipeline and Hazardous Materials Safety Administration's Notice of Proposed Rulemaking published on December 21, 2006, entitled "Hazardous Materials: Enhancing Railroad Transportation Safety and Security for Hazardous Materials Shipments". The final rule shall incorporate the requirements of this section and, as appropriate, public comments received during the comment period of the rulemaking.

(b) Security-sensitive materials commodity data

The Secretary of Transportation shall ensure that the final rule requires each railroad carrier transporting security-sensitive materials in commerce to, no later than 90 days after the end of each calendar year, compile security-sensitive materials commodity data. Such data must be collected by route, line segment, or series of line segments, as aggregated by the railroad carrier. Within the railroad carrier selected route, the commodity data must identify the geographic location of the route and the total number of shipments by the United Nations identification number for the security-sensitive materials.

(c) Railroad transportation route analysis for security-sensitive materials

The Secretary of Transportation shall ensure that the final rule requires each railroad carrier transporting security-sensitive materials in commerce to, for each calendar year, provide a written analysis of the safety and security risks for the transportation routes identified in the security-sensitive materials commodity data collected as required by subsection (b). The safety and security risks present shall be analyzed for the route, railroad facilities, railroad storage facilities, and high-consequence targets along or in proximity to the route.

(d) Alternative route analysis for security-sensitive materials

The Secretary of Transportation shall ensure that the final rule requires each railroad carrier transporting security-sensitive materials in commerce to—

(1) for each calendar year—

(A) identify practicable alternative routes over which the railroad carrier has authority to operate as compared to the current route for such a shipment analyzed under subsection (c); and

(B) perform a safety and security risk assessment of the alternative route for comparison to the route analysis specified in subsection (c);

(2) ensure that the analysis under paragraph (1) includes—

(A) identification of safety and security risks for an alternative route;

(B) comparison of those risks identified under subparagraph (A) to the primary railroad transportation route, including the risk of a catastrophic release from a shipment traveling along the alternate route compared to the primary route;

(C) any remediation or mitigation measures implemented on the primary or alternative route; and

(D) potential economic effects of using an alternative route; and

(3) consider when determining the practicable alternative routes under paragraph (1)(A) the use of interchange agreements with other railroad carriers.

(e) Alternative route selection for security-sensitive materials

The Secretary of Transportation shall ensure that the final rule requires each railroad carrier transporting security-sensitive materials in commerce to use the analysis required by subsections (c) and (d) to select the safest and most secure route to be used in transporting security-sensitive materials.

(f) Review

The Secretary of Transportation shall ensure that the final rule requires each railroad carrier transporting security-sensitive materials in commerce to annually review and select the practicable route posing the least overall safety and security risk in accordance with this section. The railroad carrier must retain in writing all route review and selection decision documentation and restrict the distribution, disclosure, and availability of information contained in the route analysis to appropriate persons. This documentation should include, but is not limited to, comparative analyses, charts, graphics, or railroad system maps.

(g) Retrospective analysis

The Secretary of Transportation shall ensure that the final rule requires each railroad carrier transporting security-sensitive materials in commerce to, not less than once every 3 years, analyze the route selection determinations required under this section. Such an analysis shall include a comprehensive, systemwide review of all operational changes, infrastructure modifications, traffic adjustments, changes in the nature of high-consequence targets located along or in proximity to the route, or other changes affecting the safety and security of the movements of security-sensitive materials that were implemented since the previous analysis was completed.

(h) Consultation

In carrying out subsection (c), railroad carriers transporting security-sensitive materials in commerce shall seek relevant information from State, local, and tribal officials, as appropriate, regarding security risks to high-consequence targets along or in proximity to a route used by a railroad carrier to transport security-sensitive materials.

(i) Definitions

In this section:

(1) The term "route" includes storage facilities and trackage used by railroad cars in transportation in commerce.

(2) The term "high-consequence target" means a property, natural resource, location, area, or other target designated by the Secretary that is a viable terrorist target of national significance, which may include a facility or specific critical infrastructure, the attack of which by railroad could result in—

(A) catastrophic loss of life;

(B) significant damage to national security or defense capabilities; or

(C) national economic harm.

(Pub. L. 110–53, title XV, §1551, Aug. 3, 2007, 121 Stat. 469.)
6 U.S.C. § 512 (2024) — Title 6: DOMESTIC SECURITY / Chapter 1: HOMELAND SECURITY ORGANIZATION / Subchapter X: CONSTRUCTION / Section 512: Construction
Construction
Status: in_force

Nothing in this chapter, or the amendments made by this chapter, affects the authority of the National Institute of Standards and Technology or the Department of Commerce relating to the development and promulgation of standards or guidelines under paragraphs (1) and (2) of section 278g–3(a) of title 15.

(Pub. L. 107–296, title X, §1006, Nov. 25, 2002, 116 Stat. 2273.)

Editorial Notes

References in Text

This chapter, referred to in text, was in the original "this Act", meaning Pub. L. 107–296, 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 Tables.
6 U.S.C. § 677d (2024) — Title 6: DOMESTIC SECURITY / Chapter 1: HOMELAND SECURITY ORGANIZATION / Subchapter XVIII: CYBERSECURITY AND INFRASTRUCTURE SECURITY AGENCY / Section 677d: Notification and reporting
Notification and reporting
Status: in_force

(a) Notification

Upon a declaration or renewal, the Secretary shall immediately notify the National Cyber Director and appropriate congressional committees and include in the notification—

(1) an estimation of the planned duration of the declaration;

(2) with respect to a notification of a declaration, the reason for the declaration, including information relating to the specific significant incident or imminent specific significant incident, including—

(A) the operational or mission impact or anticipated impact of the specific significant incident on Federal and non-Federal entities;

(B) if known, the perpetrator of the specific significant incident; and

(C) the scope of the Federal and non-Federal entities impacted or anticipated to be impacted by the specific significant incident;

(3) with respect to a notification of a renewal, the reason for the renewal;

(4) justification as to why available resources, other than the Fund, are insufficient to respond to or mitigate the specific significant incident; and

(5) a description of the coordination activities described in section 677b(b) of this title that the Secretary anticipates the Director to perform.

(b) Report to Congress

Not later than 180 days after the date of a declaration or renewal, the Secretary shall submit to the appropriate congressional committees a report that includes—

(1) the reason for the declaration or renewal, including information and intelligence relating to the specific significant incident that led to the declaration or renewal;

(2) the use of any funds from the Fund for the purpose of responding to the incident or threat described in paragraph (1);

(3) a description of the actions, initiatives, and projects undertaken by the Department and State and local governments and public and private entities in responding to and recovering from the specific significant incident described in paragraph (1);

(4) an accounting of the specific obligations and outlays of the Fund; and

(5) an analysis of—

(A) the impact of the specific significant incident described in paragraph (1) on Federal and non-Federal entities;

(B) the impact of the declaration or renewal on the response to, and recovery from, the specific significant incident described in paragraph (1); and

(C) the impact of the funds made available from the Fund as a result of the declaration or renewal on the recovery from, and response to, the specific significant incident described in paragraph (1).

(c) Classification

Each notification made under subsection (a) and each report submitted under subsection (b)—

(1) shall be in an unclassified form with appropriate markings to indicate information that is exempt from disclosure under section 552 of title 5 (commonly known as the "Freedom of Information Act"); and

(2) may include a classified annex.

(d) Consolidated report

The Secretary shall not be required to submit multiple reports under subsection (b) for multiple declarations or renewals if the Secretary determines that the declarations or renewals substantively relate to the same specific significant incident.

(e) Exemption

The requirements of subchapter I of chapter 35 of title 44 (commonly known as the "Paperwork Reduction Act") shall not apply to the voluntary collection of information by the Department during an investigation of, a response to, or an immediate post-response review of, the specific significant incident leading to a declaration or renewal.

(Pub. L. 107–296, title XXII, §2235, as added Pub. L. 117–58, div. G, title VI, §70602(a), Nov. 15, 2021, 135 Stat. 1270.)
6 U.S.C. § 921 (2024) — Title 6: DOMESTIC SECURITY / Chapter 3: SECURITY AND ACCOUNTABILITY FOR EVERY PORT / Subchapter I: SECURITY OF UNITED STATES SEAPORTS / Section 921: Domestic radiation detection and imaging
Domestic radiation detection and imaging
Status: in_force

(a) Scanning containers

Subject to section 1318 of title 19, not later than December 31, 2007, all containers entering the United States through the 22 ports through which the greatest volume of containers enter the United States by vessel shall be scanned for radiation. To the extent practicable, the Secretary shall deploy next generation radiation detection technology.

(b) Strategy

The Secretary shall develop a strategy for the deployment of radiation detection capabilities that includes—

(1) a risk-based prioritization of ports of entry at which radiation detection equipment will be deployed;

(2) a proposed timeline of when radiation detection equipment will be deployed at each port of entry identified under paragraph (1);

(3) the type of equipment to be used at each port of entry identified under paragraph (1), including the joint deployment and utilization of radiation detection equipment and nonintrusive imaging equipment;

(4) standard operating procedures for examining containers with such equipment, including sensor alarming, networking, and communications and response protocols;

(5) operator training plans;

(6) an evaluation of the environmental health and safety impacts of nonintrusive imaging technology and a radiation risk reduction plan, in consultation with the Nuclear Regulatory Commission, the Occupational Safety and Health Administration, and the National Institute for Occupational Safety and Health, that seeks to minimize radiation exposure of workers and the public to levels as low as reasonably achievable;

(7) the policy of the Department for using nonintrusive imaging equipment in tandem with radiation detection equipment; and

(8) a classified annex that—

(A) details plans for covert testing; and

(B) outlines the risk-based prioritization of ports of entry identified under paragraph (1).

(c) Standards

The Secretary, acting through the Director for Domestic Nuclear Detection 1 and in collaboration with the National Institute of Standards and Technology, shall publish technical capability standards and recommended standard operating procedures for the use of nonintrusive imaging and radiation detection equipment in the United States. Such standards and procedures—

(1) should take into account relevant standards and procedures utilized by other Federal departments or agencies as well as those developed by international bodies; and

(2) shall not be designed so as to endorse specific companies or create sovereignty conflicts with participating countries.

(d) Implementation

Not later than 3 years after October 13, 2006, the Secretary shall fully implement the strategy developed under subsection (b).

(e) Expansion to other United States ports of entry

(1) In general

As soon as practicable after—

(A) implementation of the program for the examination of containers for radiation at ports of entry described in subsection (a); and

(B) submission of the strategy developed under subsection (b),

but not later than December 31, 2008, the Secretary shall expand the strategy developed under subsection (b), in a manner consistent with the requirements of subsection (b), to provide for the deployment of radiation detection capabilities at all other United States ports of entry not covered by the strategy developed under subsection (b).

(2) Risk assessment

In expanding the strategy under paragraph (1), the Secretary shall identify and assess the risks to those other ports of entry in order to determine what equipment and practices will best mitigate the risks.

(f) Intermodal Rail Radiation Detection Test Center

(1) Establishment

In accordance with subsection (b), and in order to comply with this section, the Secretary shall establish an Intermodal Rail Radiation Detection Test Center (referred to in this subsection as the "Test Center").

(2) Projects

The Secretary shall conduct multiple, concurrent projects at the Test Center to rapidly identify and test concepts specific to the challenges posed by on-dock rail.

(3) Location

The Test Center shall be located within a public port facility at which a majority of the containerized cargo is directly laden from (or unladen to) on-dock, intermodal rail.

(Pub. L. 109–347, title I, §121, Oct. 13, 2006, 120 Stat. 1898; Pub. L. 115–254, div. J, §1816(b), Oct. 5, 2018, 132 Stat. 3541.)

Editorial Notes

Amendments

2018—Subsecs. (c) to (e). Pub. L. 115–254, §1816(b)(1), (2), redesignated subsecs. (f) to (h) as (c) to (e), respectively, and struck out former subsecs. (c) to (e). Prior to amendment, subsecs. (c) to (e) read as follows:

"(c) Report.—Not later than 90 days after October 13, 2006, the Secretary shall submit the strategy developed under subsection (b) to the appropriate congressional committees.

"(d) Update.—Not later than 180 days after the date of the submission of the report under subsection (c), the Secretary shall provide a more complete evaluation under subsection (b)(6).

"(e) Other weapons of mass destruction threats.—Not later than 180 days after October 13, 2006, the Secretary shall submit to the appropriate congressional committees a report on the feasibility of, and a strategy for, the development of equipment to detect and prevent shielded nuclear and radiological threat material and chemical, biological, and other weapons of mass destruction from entering the United States."

Subsec. (e)(1)(B). Pub. L. 115–254, §1816(b)(3), struck out "(and updating, if any, of that strategy under subsection (c))" after "under subsection (b)".

Subsecs. (f) to (i). Pub. L. 115–254, §1816(b)(2), redesignated subsecs. (f) to (i) as (c) to (f), respectively.

Statutory Notes and Related Subsidiaries

Change of Name

Reference to the Director for Domestic Nuclear Detection deemed to be a reference to the Assistant Secretary for the Countering Weapons of Mass Destruction Office, see section 2(b)(1)(B) of Pub. L. 115–387, set out as a note under section 591 of this title.

1 See Change of Name note below.
6 U.S.C. § 349 (2024) — Title 6: DOMESTIC SECURITY / Chapter 1: HOMELAND SECURITY ORGANIZATION / Subchapter VII: MANAGEMENT / Section 349: Office of Strategy, Policy, and Plans
Office of Strategy, Policy, and Plans
Status: in_force

(a) In general

There is established in the Department an Office of Strategy, Policy, and Plans.

(b) Head of Office

The Office of Strategy, Policy, and Plans shall be headed by an Under Secretary for Strategy, Policy, and Plans, who shall serve as the principal policy advisor to the Secretary. The Under Secretary for Strategy, Policy, and Plans shall be appointed by the President, by and with the advice and consent of the Senate.

(c) Functions

The Under Secretary for Strategy, Policy, and Plans shall—

(1) lead, conduct, and coordinate Department-wide policy development and implementation and strategic planning;

(2) develop and coordinate policies to promote and ensure quality, consistency, and integration for the programs, components, offices, and activities across the Department;

(3) develop and coordinate strategic plans and long-term goals of the Department with risk-based analysis and planning to improve operational mission effectiveness, including consultation with the Secretary regarding the quadrennial homeland security review under section 347 of this title;

(4) manage Department leadership councils and provide analytics and support to such councils;

(5) manage international coordination and engagement for the Department;

(6) review and incorporate, as appropriate, external stakeholder feedback into Department policy; and

(7) carry out such other responsibilities as the Secretary determines appropriate.

(d) Deputy Under Secretary

(1) In general

The Secretary may—

(A) establish within the Office of Strategy, Policy, and Plans a position of Deputy Under Secretary to support the Under Secretary for Strategy, Policy, and Plans in carrying out the Under Secretary's responsibilities; and

(B) appoint a career employee to such position.

(2) Limitation on establishment of Deputy Under Secretary positions

A Deputy Under Secretary position (or any substantially similar position) within the Office of Strategy, Policy, and Plans may not be established except for the position provided for by paragraph (1), unless the Secretary receives prior authorization from Congress.

(3) Definitions

For purposes of paragraph (1)—

(A) the term "career employee" means any employee (as such term is defined in section 2105 of title 5), but does not include a political appointee; and

(B) the term "political appointee" means any employee who occupies a position which has been excepted from the competitive service by reason of its confidential, policy-determining, policy-making, or policy-advocating character.

(e) Coordination by Department components

To ensure consistency with the policy priorities of the Department, the head of each component of the Department shall coordinate with the Office of Strategy, Policy, and Plans in establishing or modifying policies or strategic planning guidance with respect to each such component.

(f) Homeland Security statistics and joint analysis

(1) Homeland Security statistics

The Under Secretary for Strategy, Policy, and Plans shall—

(A) establish standards of reliability and validity for statistical data collected and analyzed by the Department;

(B) be provided by the heads of all components of the Department with statistical data maintained by the Department regarding the operations of the Department;

(C) conduct or oversee analysis and reporting of such data by the Department as required by law or as directed by the Secretary; and

(D) ensure the accuracy of metrics and statistical data provided to Congress.

(2) Transfer of responsibilities

There shall be transferred to the Under Secretary for Strategy, Policy, and Plans the maintenance of all immigration statistical information of U.S. Customs and Border Protection, U.S. Immigration and Customs Enforcement, and United States Citizenship and Immigration Services, which shall include information and statistics of the type contained in the publication entitled "Yearbook of Immigration Statistics" prepared by the Office of Immigration Statistics, including region-by-region statistics on the aggregate number of applications and petitions filed by an alien (or filed on behalf of an alien) and denied, and the reasons for such denials, disaggregated by category of denial and application or petition type.

(g) Assistant Secretary

(1) In general

There is established within the Office of Strategy, Policy, and Plans an Assistant Secretary, who shall assist the Secretary in carrying out the duties under paragraph (2) and the responsibilities under paragraph (3). Notwithstanding section 113(a)(1) of this title, the Assistant Secretary established under this paragraph shall be appointed by the President without the advice and consent of the Senate.

(2) Duties

At the direction of the Secretary, the Assistant Secretary established under paragraph (1) shall be responsible for policy formulation regarding matters relating to economic security and trade, as such matters relate to the mission and the operations of the Department.

(3) Additional responsibilities

In addition to the duties specified in paragraph (2), the Assistant Secretary established under paragraph (1), at the direction of the Secretary, may—

(A) oversee—

(i) coordination of supply chain policy; and

(ii) assessments and reports to Congress related to critical economic security domains;

(B) coordinate with stakeholders in other Federal departments and agencies and nongovernmental entities with trade and economic security interests, authorities, and responsibilities; and

(C) perform such additional duties as the Secretary or the Under Secretary of Strategy, Policy, and Plans may prescribe.

(4) Definitions

In this subsection:

(A) Critical economic security domain

The term "critical economic security domain" means any infrastructure, industry, technology, or intellectual property (or combination thereof) that is essential for the economic security of the United States.

(B) Economic security

The term "economic security" has the meaning given such term in section 474(c)(2) of this title.

(h) Limitation

Nothing in this section overrides or otherwise affects the requirements specified in section 468 of this title.

(Pub. L. 107–296, title VII, §709, as added Pub. L. 114–328, div. A, title XIX, §1902(a), Dec. 23, 2016, 130 Stat. 2670; amended Pub. L. 117–263, div. G, title LXXI, §7116(b), Dec. 23, 2022, 136 Stat. 3637.)

Editorial Notes

Amendments

2022—Subsecs. (g), (h). Pub. L. 117–263 added subsec. (g) and redesignated former subsec. (g) as (h).

Statutory Notes and Related Subsidiaries

Rule of Construction

Pub. L. 117–263, div. G, title LXXI, §7116(c), Dec. 23, 2022, 136 Stat. 3638, provided that: "Nothing in this section [amending this section and enacting provisions set out as a note under section 451 of this title] or the amendments made by this section may be construed to affect or diminish the authority otherwise granted to any other officer of the Department of Homeland Security."
6 U.S.C. § 293 (2024) — Title 6: DOMESTIC SECURITY / Chapter 1: HOMELAND SECURITY ORGANIZATION / Subchapter IV: BORDER, MARITIME, AND TRANSPORTATION SECURITY / Section 293: Authority to conduct a demonstration project relating to disciplinary action
Authority to conduct a demonstration project relating to disciplinary action
Status: in_force

(a) In general

The Attorney General and the Secretary may each, during a period ending not later than 5 years after November 25, 2002, conduct a demonstration project for the purpose of determining whether one or more changes in the policies or procedures relating to methods for disciplining employees would result in improved personnel management.

(b) Scope

A demonstration project under this section—

(1) may not cover any employees apart from those employed in or under a covered entity; and

(2) shall not be limited by any provision of chapter 43, 75, or 77 of title 5.

(c) Procedures

Under the demonstration project—

(1) the use of alternative means of dispute resolution (as defined in section 571 of title 5) shall be encouraged, whenever appropriate; and

(2) each covered entity under the jurisdiction of the official conducting the project shall be required to provide for the expeditious, fair, and independent review of any action to which section 4303 or subchapter II of chapter 75 of such title 5 would otherwise apply (except an action described in section 7512(5) of such title 5).

(d) Actions involving discrimination

Notwithstanding any other provision of this section, if, in the case of any matter described in section 7702(a)(1)(B) of title 5, there is no judicially reviewable action under the demonstration project within 120 days after the filing of an appeal or other formal request for review (referred to in subsection (c)(2)), an employee shall be entitled to file a civil action to the same extent and in the same manner as provided in section 7702(e)(1) of such title 5 (in the matter following subparagraph (C) thereof).

(e) Certain employees

Employees shall not be included within any project under this section if such employees are—

(1) neither managers nor supervisors; and

(2) within a unit with respect to which a labor organization is accorded exclusive recognition under chapter 71 of title 5.

Notwithstanding the preceding sentence, an aggrieved employee within a unit (referred to in paragraph (2)) may elect to participate in a complaint procedure developed under the demonstration project in lieu of any negotiated grievance procedure and any statutory procedure (as such term is used in section 7121 of such title 5).

(f) Reports

The Government Accountability Office shall prepare and submit to the Committees on Government Reform and the Judiciary of the House of Representatives and the Committees on Governmental Affairs and the Judiciary of the Senate periodic reports on any demonstration project conducted under this section, such reports to be submitted after the second and fourth years of its operation. Upon request, the Attorney General or the Secretary shall furnish such information as the Government Accountability Office may require to carry out this subsection.

(g) Definition

In this section, the term "covered entity" has the meaning given such term in section 292(a)(2) of this title.

(Pub. L. 107–296, title IV, §473, Nov. 25, 2002, 116 Stat. 2208; Pub. L. 108–271, §8(b), July 7, 2004, 118 Stat. 814.)

Editorial Notes

Amendments

2004—Subsec. (f). Pub. L. 108–271 substituted "Government Accountability Office" for "General Accounting Office" in two places.

Statutory Notes and Related Subsidiaries

Change of Name

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.
6 U.S.C. § 1166 (2024) — Title 6: DOMESTIC SECURITY / Chapter 4: TRANSPORTATION SECURITY / Subchapter IV: SURFACE TRANSPORTATION SECURITY / Section 1166: Railroad carrier exercises
Railroad carrier exercises
Status: in_force

(a) In general

The Secretary shall establish a program for conducting security exercises for railroad carriers for the purpose of assessing and improving the capabilities of entities described in subsection (b) to prevent, prepare for, mitigate, respond to, and recover from acts of terrorism.

(b) Covered entities

Entities to be assessed under the program shall include—

(1) Federal, State, and local agencies and tribal governments;

(2) railroad carriers;

(3) governmental and nongovernmental emergency response providers, law enforcement agencies, and railroad and transit police, as appropriate; and

(4) any other organization or entity that the Secretary determines appropriate.

(c) Requirements

The Secretary shall ensure that the program—

(1) consolidates existing security exercises for railroad carriers administered by the Department and the Department of Transportation, as jointly determined by the Secretary and the Secretary of Transportation, unless the Secretary waives this consolidation requirement as appropriate;

(2) consists of exercises that are—

(A) scaled and tailored to the needs of the carrier, including addressing the needs of the elderly and individuals with disabilities;

(B) live, in the case of the most at-risk facilities to a terrorist attack;

(C) coordinated with appropriate officials;

(D) as realistic as practicable and based on current risk assessments, including credible threats, vulnerabilities, and consequences;

(E) inclusive, as appropriate, of railroad frontline employees; and

(F) consistent with the National Incident Management System, the National Response Plan, the National Infrastructure Protection Plan, the National Preparedness Guidance, the National Preparedness Goal, and other such national initiatives;

(3) provides that exercises described in paragraph (2) will be—

(A) evaluated by the Secretary against clear and consistent performance measures;

(B) assessed by the Secretary to identify best practices, which shall be shared, as appropriate, with railroad carriers, nonprofit employee organizations that represent railroad carrier employees, Federal, State, local, and tribal officials, governmental and nongovernmental emergency response providers, law enforcement personnel, including railroad carrier and transit police, and other stakeholders; and

(C) used to develop recommendations, as appropriate, from the Secretary to railroad carriers on remedial action to be taken in response to lessons learned;

(4) allows for proper advanced notification of communities and local governments in which exercises are held, as appropriate; and

(5) assists State, local, and tribal governments and railroad carriers in designing, implementing, and evaluating additional exercises that conform to the requirements of paragraph (1) 1.

(d) National Exercise Program

The Secretary shall ensure that the exercise program developed under subsection (c) is a component of the National Exercise Program established under section 748 of this title.

(Pub. L. 110–53, title XV, §1516, Aug. 3, 2007, 121 Stat. 438.)

1 So in original. Probably should be "(2)".
6 U.S.C. § 488g (2024) — Title 6: DOMESTIC SECURITY / Chapter 1: HOMELAND SECURITY ORGANIZATION / Subchapter VIII: COORDINATION WITH NON-FEDERAL ENTITIES; INSPECTOR GENERAL; UNITED STATES SECRET SERVICE; COAST GUARD; GENERAL PROVISIONS / Section 488g: Preemption of other laws
Preemption of other laws
Status: in_force

(a) Other Federal regulations

Except as provided in section 488f of this title, nothing in this part affects any regulation issued by any agency other than an agency of the Department.

(b) State law

Subject to section 488f of this title, this part preempts the laws of any State to the extent that such laws are inconsistent with this part, except that this part shall not preempt any State law that provides additional protection against the acquisition of ammonium nitrate by terrorists or the use of ammonium nitrate in explosives in acts of terrorism or for other illicit purposes, as determined by the Secretary.

(Pub. L. 107–296, title VIII, §899H, as added Pub. L. 110–161, div. E, title V, §563(a), Dec. 26, 2007, 121 Stat. 2089.)
6 U.S.C. § 124 (2024) — Title 6: DOMESTIC SECURITY / Chapter 1: HOMELAND SECURITY ORGANIZATION / Subchapter II: INFORMATION ANALYSIS / Section 124: Homeland Security Advisory System
Homeland Security Advisory System
Status: in_force

(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. 107–296, title II, §203, as added Pub. L. 110–53, title V, §501(a)(1), Aug. 3, 2007, 121 Stat. 306.)
6 U.S.C. § 464c (2024) — Title 6: DOMESTIC SECURITY / Chapter 1: HOMELAND SECURITY ORGANIZATION / Subchapter VIII: COORDINATION WITH NON-FEDERAL ENTITIES; INSPECTOR GENERAL; UNITED STATES SECRET SERVICE; COAST GUARD; GENERAL PROVISIONS / Section 464c: Student housing
Student housing
Status: in_force

In fiscal year 2004 and thereafter, students attending training at any Center site shall reside in on-Center or Center-provided housing, insofar as available and in accordance with Center policy.

(Pub. L. 108–90, title IV, Oct. 1, 2003, 117 Stat. 1151.)

Editorial Notes

References in Text

The Center, referred to in text, means the Federal Law Enforcement Training Center.

Codification

Section was enacted as part of the Department of Homeland Security Appropriations Act, 2004, and not as part of the Homeland Security Act of 2002 which comprises this chapter.

Prior Provisions

Similar provisions were contained in the following prior appropriation acts:

Pub. L. 108–7, div. J, title I, Feb. 20, 2003, 117 Stat. 431.

Pub. L. 107–67, title I, Nov. 12, 2001, 115 Stat. 517.

Pub. L. 106–554, §1(a)(3) [title I], Dec. 21, 2000, 114 Stat. 2763, 2763A–127.

Pub. L. 106–58, title I, Sept. 29, 1999, 113 Stat. 432.

Pub. L. 105–277, div. A, §101(h) [title I], Oct. 21, 1998, 112 Stat. 2681–480, 2681–483.

Pub. L. 105–61, title I, Oct. 10, 1997, 111 Stat. 1275.

Pub. L. 104–208, div. A, title I, §101(f) [title I], Sept. 30, 1996, 110 Stat. 3009–314, 3009–317.

Pub. L. 104–52, title I, Nov. 19, 1995, 109 Stat. 470.

Pub. L. 103–329, title I, Sept. 30, 1994, 108 Stat. 2383.

Pub. L. 103–123, title I, Oct. 28, 1993, 107 Stat. 1227.

Pub. L. 102–393, title I, Oct. 6, 1992, 106 Stat. 1730.

Pub. L. 102–141, title I, Oct. 28, 1991, 105 Stat. 835.

Pub. L. 101–509, title I, Nov. 5, 1990, 104 Stat. 1390.

Pub. L. 101–136, title I, Nov. 3, 1989, 103 Stat. 784.
6 U.S.C. § 609a (2024) — Title 6: DOMESTIC SECURITY / Chapter 1: HOMELAND SECURITY ORGANIZATION / Subchapter XV: HOMELAND SECURITY GRANTS / Section 609a: Nonprofit Security Grant Program
Nonprofit Security Grant Program
Status: in_force

(a) Establishment

There is established in the Department a program to be known as the "Nonprofit Security Grant Program" (in this section referred to as the "Program"). Under the Program, the Secretary, acting through the Administrator, shall make grants to eligible nonprofit organizations described in subsection (b), through the State in which such organizations are located, for target hardening and other security enhancements to protect against terrorist attacks or other threats.

(b) Eligible recipients

Eligible nonprofit organizations described in this subsection are organizations that are—

(1) described in section 501(c)(3) of title 26 and exempt from tax under section 501(a) of such title; and

(2) determined by the Secretary to be at risk of terrorist attacks or other threats.

(c) Permitted uses

(1) In general

The recipient of a grant under this section may use such grant for any of the following uses:

(A) Target hardening activities, including physical security enhancement equipment, inspection and screening systems, and alteration or remodeling of existing buildings or physical facilities.

(B) Fees for security training relating to physical security and cybersecurity, target hardening, terrorism awareness, and employee awareness.

(C) Facility security personnel costs.

(D) Expenses directly related to the administration of the grant, except that those expenses may not exceed 5 percent of the amount of the grant.

(E) Any other appropriate activity, including cybersecurity resilience activities, as determined by the Administrator.

(2) Retention

Each State through which a recipient receives a grant under this section may retain not more than 5 percent of each grant for expenses directly related to the administration of the grant.

(3) Outreach and technical assistance

(A) In general

If the Administrator establishes target allocations in determining award amounts under the Program, a State may request a project to use a portion of the target allocation for outreach and technical assistance if the State does not receive enough eligible applications from nonprofit organizations located outside high-risk urban areas.

(B) Priority

Any outreach or technical assistance described in subparagraph (A) should prioritize underserved communities and nonprofit organizations that are traditionally underrepresented in the Program.

(C) Parameters

In determining grant guidelines under subsection (g), the Administrator may determine the parameters for outreach and technical assistance.

(d) Period of performance

The Administrator shall make funds provided under this section available for use by a recipient of a grant for a period of not less than 36 months.

(e) Report

The Administrator shall annually for each of fiscal years 2022 through 2028 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 containing information on the following:

(1) The expenditure by each grant recipient of grant funds made under this section.

(2) The number of applications submitted by eligible nonprofit organizations to each State.

(3) The number of applications submitted by each State to the Administrator.

(4) The operations of the program office of the Program, including staffing resources and efforts with respect to subparagraphs (A) through (D) of subsection (c)(1).

(f) Administration

Not later than 120 days after December 23, 2022, the Administrator shall ensure that within the Federal Emergency Management Agency a program office for the Program (in this subsection referred to as the "program office") shall—

(1) be headed by a senior official of the Agency; and

(2) administer the Program (including, where appropriate, in coordination with States), including relating to—

(A) outreach, engagement, education, and technical assistance and support to eligible nonprofit organizations described in subsection (b), with particular attention to those organizations in underserved communities, before, during, and after the awarding of grants, including web-based training videos for eligible nonprofit organizations that provide guidance on preparing an application and the environmental planning and historic preservation process;

(B) the establishment of mechanisms to ensure program office processes are conducted in accordance with constitutional, statutory, and regulatory requirements that protect civil rights and civil liberties and advance equal access for members of underserved communities;

(C) the establishment of mechanisms for the Administrator to provide feedback to eligible nonprofit organizations that do not receive grants;

(D) the establishment of mechanisms to identify and collect data to measure the effectiveness of grants under the Program;

(E) the establishment and enforcement of standardized baseline operational requirements for States, including requirements for States to eliminate or prevent any administrative or operational obstacles that may impact eligible nonprofit organizations described in subsection (b) from receiving grants under the Program;

(F) carrying out efforts to prevent waste, fraud, and abuse, including through audits of grantees; and

(G) promoting diversity in the types and locations of eligible nonprofit organizations that are applying for grants under the Program.

(g) Grant guidelines

For each fiscal year, before awarding grants under this section, the Administrator—

(1) shall publish guidelines, including a notice of funding opportunity or similar announcement, as the Administrator determines appropriate; and

(2) may prohibit States from closing application processes before the publication of those guidelines.

(h) Paperwork Reduction Act

Chapter 35 of title 44 (commonly known as the "Paperwork Reduction Act") shall not apply to any changes to the application materials, Program forms, or other core Program documentation intended to enhance participation by eligible nonprofit organizations in the Program.

(i) Authorization of appropriations

(1) In general

There is authorized to be appropriated $360,000,000 for each of fiscal years 2023 through 2028 for grants under this section, of which—

(A) $180,000,000 each such fiscal year shall be for recipients in high-risk urban areas that receive funding under section 2003; and

(B) $180,000,000 each such fiscal year shall be for recipients in jurisdictions that do not so receive such funding.

(2) Operations and support

There is authorized to be appropriated $18,000,000 for each of fiscal years 2023 through 2028 for Operations and Support at the Federal Emergency Management Agency for costs incurred for the management and administration (including evaluation) of this section.

(Pub. L. 107–296, title XX, §2009, as added Pub. L. 116–108, §2(a), Jan. 24, 2020, 133 Stat. 3294; amended Pub. L. 117–263, div. G, title LXXI, §7101(a), Dec. 23, 2022, 136 Stat. 3616.)

Editorial Notes

Amendments

2022—Subsec. (a). Pub. L. 117–263, §7101(a)(1), inserted "or other threats" before period at end.

Subsec. (b). Pub. L. 117–263, §7101(a)(2)(A), struck out "(a)" after "this subsection" in introductory provisions.

Subsec. (b)(2). Pub. L. 117–263, §7101(a)(2)(B), amended par. (2) generally. Prior to amendment, par. (2) read as follows: "determined to be at risk of a terrorist attack by the Administrator."

Subsec. (c). Pub. L. 117–263, §7101(a)(3)(A), (B), (D), (E), designated existing provisions as par. (1) and inserted heading, redesignated former pars. (1) to (3) as subpars. (A), (B), and (E), respectively, of par. (1) and realigned margins, added subpars. (C) and (D) of par. (1), and added pars. (2) and (3).

Subsec. (c)(1)(A). Pub. L. 117–263, §7101(a)(3)(C), substituted "equipment, inspection and screening systems, and alteration or remodeling of existing buildings or physical facilities" for "equipment and inspection and screening systems".

Subsec. (e). Pub. L. 117–263, §7101(a)(4)(B), (C), substituted "on the following:" and "(1) The expenditure" for "on the expenditure" and added pars. (2) to (4).

Pub. L. 117–263, §7101(a)(4)(A), substituted "2022 through 2028" for "2020 through 2024".

Subsecs. (f) to (i). Pub. L. 117–263, §7101(a)(5), added subsecs. (f) to (i) and struck out former subsec. (f) which related to authorization of appropriations for fiscal years 2020 through 2024.
6 U.S.C. § 1171 (2024) — Title 6: DOMESTIC SECURITY / Chapter 4: TRANSPORTATION SECURITY / Subchapter IV: SURFACE TRANSPORTATION SECURITY / Section 1171: International railroad security program
International railroad security program
Status: in_force

(a) In general

(1) The Secretary shall develop a system to detect both undeclared passengers and contraband, with a primary focus on the detection of nuclear and radiological materials entering the United States by railroad.

(2) System requirements.—In developing the system under paragraph (1), the Secretary may, in consultation with the Domestic Nuclear Detection Office,1 Customs and Border Protection, and the Transportation Security Administration—

(A) deploy radiation detection equipment and nonintrusive imaging equipment at locations where railroad shipments cross an international border to enter the United States;

(B) consider the integration of radiation detection technologies with other nonintrusive inspection technologies where feasible;

(C) ensure appropriate training, operations, and response protocols are established for Federal, State, and local personnel;

(D) implement alternative procedures to check railroad shipments at locations where the deployment of nonintrusive inspection imaging equipment is determined to not be practicable;

(E) ensure, to the extent practicable, that such technologies deployed can detect terrorists or weapons, including weapons of mass destruction; and

(F) take other actions, as appropriate, to develop the system.

(b) Additional information

The Secretary shall—

(1) identify and seek the submission of additional data elements for improved high-risk targeting related to the movement of cargo through the international supply chain utilizing a railroad prior to importation into the United States;

(2) utilize data collected and maintained by the Secretary of Transportation in the targeting of high-risk cargo identified under paragraph (1); and

(3) analyze the data provided in this subsection to identify high-risk cargo for inspection.

(c) Report to Congress

Not later than September 30, 2008, the Secretary shall transmit to the appropriate congressional committees a report that describes the progress of the system being developed under subsection (a).

(d) Definitions

In this section:

(1) International supply chain

The term "international supply chain" means the end-to-end process for shipping goods to or from the United States, beginning at the point of origin (including manufacturer, supplier, or vendor) through a point of distribution to the destination.

(2) Radiation detection equipment

The term "radiation detection equipment" means any technology that is capable of detecting or identifying nuclear and radiological material or nuclear and radiological explosive devices.

(3) Inspection

The term "inspection" means the comprehensive process used by Customs and Border Protection to assess goods entering the United States to appraise them for duty purposes, to detect the presence of restricted or prohibited items, and to ensure compliance with all applicable laws.

(Pub. L. 110–53, title XV, §1524, Aug. 3, 2007, 121 Stat. 451.)

Statutory Notes and Related Subsidiaries

Change of Name

Reference to the Domestic Nuclear Detection Office deemed to be a reference to the Countering Weapons of Mass Destruction Office, see section 2(b)(1)(A) of Pub. L. 115–387, set out as a note under section 591 of this title.

1 See Change of Name note below.
6 U.S.C. § 821 (2024) — Title 6: DOMESTIC SECURITY / Chapter 2: NATIONAL EMERGENCY MANAGEMENT / Subchapter II: COMPREHENSIVE PREPAREDNESS SYSTEM / Section 821: Definitions
Definitions
Status: in_force

In this part:

(1) Administrator

The term "Administrator" means the Administrator of the Federal Emergency Management Agency.

(2) Basic need

The term "basic need"—

(A) means any good, service, or activity necessary to protect the health, safety, and general welfare of the civilian population of the United States; and

(B) includes—

(i) food;

(ii) water;

(iii) shelter;

(iv) basic communication services;

(v) basic sanitation and health services; and

(vi) public safety.

(3) Catastrophic incident

The term "catastrophic incident"—

(A) means any natural or man-made disaster that results in extraordinary levels of casualties or damage, mass evacuations, or disruption severely affecting the population, infrastructure, environment, economy, national morale, or government functions in an area; and

(B) may include an incident—

(i) with a sustained national impact over a prolonged period of time;

(ii) that may rapidly exceed resources available to State and local government and private sector authorities in the impacted area; or

(iii) that may significantly interrupt governmental operations and emergency services to such an extent that national security could be threatened.

(4) Critical infrastructure

The term "critical infrastructure" has the meaning given such term in section 5195c(e) of title 42.

(5) Existential risk

The term "existential risk" means the potential for an outcome that would result in human extinction.

(6) Global catastrophic risk

The term "global catastrophic risk" means the risk of events or incidents consequential enough to significantly harm or set back human civilization at the global scale.

(7) Global catastrophic and existential threats

The term "global catastrophic and existential threats" means threats that with varying likelihood may produce consequences severe enough to result in systemic failure or destruction of critical infrastructure or significant harm to human civilization. Examples of global catastrophic and existential threats include severe global pandemics, nuclear war, asteroid and comet impacts, supervolcanoes, sudden and severe changes to the climate, and intentional or accidental threats arising from the use and development of emerging technologies.

(8) Indian Tribal government

The term "Indian Tribal government" has the meaning given the term "Indian tribal government" in section 5122 of title 42.

(9) Local government; State

The terms "local government" and "State" have the meanings given such terms in section 5122 of title 42.

(10) National exercise program

The term "national exercise program" means activities carried out to test and evaluate the national preparedness goal and related plans and strategies as described in section 748(b) of this title.

(11) Secretary

The term "Secretary" means the Secretary of Homeland Security.

(Pub. L. 117–263, div. G, title LXXIII, §7302, Dec. 23, 2022, 136 Stat. 3684.)

Editorial Notes

References in Text

Section 5195c(e) of title 42, referred to in par. (4), was in the original "section 1016(e) of the Critical Infrastructure Protection Act of 2001" and was translated as reading "section 1016(e) of the Critical Infrastructures Protection Act of 2001", to reflect the probable intent of Congress.
6 U.S.C. § 488e (2024) — Title 6: DOMESTIC SECURITY / Chapter 1: HOMELAND SECURITY ORGANIZATION / Subchapter VIII: COORDINATION WITH NON-FEDERAL ENTITIES; INSPECTOR GENERAL; UNITED STATES SECRET SERVICE; COAST GUARD; GENERAL PROVISIONS / Section 488e: Prohibitions and penalty
Prohibitions and penalty
Status: in_force

(a) Prohibitions

(1) Taking possession

No person shall purchase ammonium nitrate from an ammonium nitrate facility unless such person is registered under subsection (c) or (d) of section 488a of this title, or is an agent of a person registered under subsection (c) or (d) of that section.

(2) Transferring possession

An owner of an ammonium nitrate facility shall not transfer possession of ammonium nitrate from the ammonium nitrate facility to any ammonium nitrate purchaser who is not registered under subsection (c) or (d) of section 488a of this title, or to any agent acting on behalf of an ammonium nitrate purchaser when such purchaser is not registered under subsection (c) or (d) of section 488a of this title.

(3) Other prohibitions

No person shall—

(A) purchase ammonium nitrate without a registration number required under subsection (c) or (d) of section 488a of this title;

(B) own or operate an ammonium nitrate facility without a registration number required under section 488a(c) of this title; or

(C) fail to comply with any requirement or violate any other prohibition under this part.

(b) Civil penalty

A person that violates this part may be assessed a civil penalty by the Secretary of not more than $50,000 per violation.

(c) Penalty considerations

In determining the amount of a civil penalty under this section, the Secretary shall consider—

(1) the nature and circumstances of the violation;

(2) with respect to the person who commits the violation, any history of prior violations, the ability to pay the penalty, and any effect the penalty is likely to have on the ability of such person to do business; and

(3) any other matter that the Secretary determines that justice requires.

(d) Notice and opportunity for a hearing

No civil penalty may be assessed under this part unless the person liable for the penalty has been given notice and an opportunity for a hearing on the violation for which the penalty is to be assessed in the county, parish, or incorporated city of residence of that person.

(e) Delay in application of prohibition

Paragraphs (1) and (2) of subsection (a) shall apply on and after the date that is 6 months after the date that the Secretary issues a final rule implementing this part.

(Pub. L. 107–296, title VIII, §899F, as added Pub. L. 110–161, div. E, title V, §563(a), Dec. 26, 2007, 121 Stat. 2088.)
6 U.S.C. § 191 (2024) — Title 6: DOMESTIC SECURITY / Chapter 1: HOMELAND SECURITY ORGANIZATION / Subchapter III: SCIENCE AND TECHNOLOGY IN SUPPORT OF HOMELAND SECURITY / Section 191: Homeland Security Science and Technology Advisory Committee
Homeland Security Science and Technology Advisory Committee
Status: in_force

(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 member's 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. 107–296, title III, §311, Nov. 25, 2002, 116 Stat. 2174; Pub. L. 108–334, title V, §520, Oct. 18, 2004, 118 Stat. 1318; Pub. L. 109–347, title III, §302(a), Oct. 13, 2006, 120 Stat. 1920; Pub. L. 117–286, §4(a)(14), Dec. 27, 2022, 136 Stat. 4306.)

Editorial Notes

Amendments

2022—Subsec. (i). Pub. L. 117–286 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. 109–347 substituted "on December 31, 2008" for "3 years after the effective date of this chapter".

2004—Subsec. (c)(2). Pub. L. 108–334 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 Amendment

Pub. L. 109–347, 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]."
6 U.S.C. § 102 (2024) — Title 6: DOMESTIC SECURITY / Chapter 1: HOMELAND SECURITY ORGANIZATION / Section 102: Construction; severability
Construction; severability
Status: in_force

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. 107–296, §3, Nov. 25, 2002, 116 Stat. 2141.)

Editorial Notes

References in Text

This chapter, referred to in text, was in the original "this Act", meaning Pub. L. 107–296, 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.