6 U.S.C. § 211 (2024) — Title 6: DOMESTIC SECURITY / Chapter 1: HOMELAND SECURITY ORGANIZATION / Subchapter IV: BORDER, MARITIME, AND TRANSPORTATION SECURITY / Section 211: Establishment of U.S. Customs and Border Protection; Commissioner, Deputy Commissioner, and operational offices
Establishment of U.S. Customs and Border Protection; Commissioner, Deputy Commissioner, and operational offices
Status: in_force

(a) In general

There is established in the Department an agency to be known as U.S. Customs and Border Protection.

(b) Commissioner of U.S. Customs and Border Protection

(1) In general

There shall be at the head of U.S. Customs and Border Protection a Commissioner of U.S. Customs and Border Protection (in this section referred to as the "Commissioner").

(2) Committee referral

As an exercise of the rulemaking power of the Senate, any nomination for the Commissioner submitted to the Senate for confirmation, and referred to a committee, shall be referred to the Committee on Finance.

(c) Duties

The Commissioner shall—

(1) coordinate and integrate the security, trade facilitation, and trade enforcement functions of U.S. Customs and Border Protection;

(2) ensure the interdiction of persons and goods illegally entering or exiting the United States;

(3) facilitate and expedite the flow of legitimate travelers and trade;

(4) direct and administer the commercial operations of U.S. Customs and Border Protection, and the enforcement of the customs and trade laws of the United States;

(5) detect, respond to, and interdict terrorists, drug smugglers and traffickers, human smugglers and traffickers, and other persons who may undermine the security of the United States, in cases in which such persons are entering, or have recently entered, the United States;

(6) safeguard the borders of the United States to protect against the entry of dangerous goods;

(7) ensure the overall economic security of the United States is not diminished by efforts, activities, and programs aimed at securing the homeland;

(8) in coordination with U.S. Immigration and Customs Enforcement and United States Citizenship and Immigration Services, enforce and administer all immigration laws, as such term is defined in paragraph (17) of section 1101(a) of title 8, including—

(A) the inspection, processing, and admission of persons who seek to enter or depart the United States; and

(B) the detection, interdiction, removal, departure from the United States, short-term detention, and transfer of persons unlawfully entering, or who have recently unlawfully entered, the United States;

(9) develop and implement screening and targeting capabilities, including the screening, reviewing, identifying, and prioritizing of passengers and cargo across all international modes of transportation, both inbound and outbound;

(10) in coordination with the Secretary, deploy technology to collect the data necessary for the Secretary to administer the biometric entry and exit data system pursuant to section 1365b of title 8;

(11) enforce and administer the laws relating to agricultural import and entry inspection referred to in section 231 of this title;

(12) in coordination with the Under Secretary for Management of the Department, ensure U.S. Customs and Border Protection complies with Federal law, the Federal Acquisition Regulation, and the Department's acquisition management directives for major acquisition programs of U.S. Customs and Border Protection;

(13) ensure that the policies and regulations of U.S. Customs and Border Protection are consistent with the obligations of the United States pursuant to international agreements;

(14) enforce and administer—

(A) the Container Security Initiative program under section 205 of the Security and Accountability for Every Port Act of 2006 (6 U.S.C. 945); and

(B) the Customs–Trade Partnership Against Terrorism program under subtitle B of title II of such Act (6 U.S.C. 961 et seq.);

(15) conduct polygraph examinations in accordance with section 221(1) of this title;

(16) establish the standard operating procedures described in subsection (k);

(17) carry out the training required under subsection (l);

(18) carry out section 218 of this title, relating to the issuance of Asia-Pacific Economic Cooperation Business Travel Cards; and

(19) carry out other duties and powers prescribed by law or delegated by the Secretary.

(d) Deputy Commissioner

There shall be in U.S. Customs and Border Protection a Deputy Commissioner who shall assist the Commissioner in the management of U.S. Customs and Border Protection.

(e) U.S. Border Patrol

(1) In general

There is established in U.S. Customs and Border Protection the U.S. Border Patrol.

(2) Chief

There shall be at the head of the U.S. Border Patrol a Chief, who shall—

(A) be at the level of Executive Assistant Commissioner within U.S. Customs and Border Protection; and

(B) report to the Commissioner.

(3) Duties

The U.S. Border Patrol shall—

(A) serve as the law enforcement office of U.S. Customs and Border Protection with primary responsibility for interdicting persons attempting to illegally enter or exit the United States or goods being illegally imported into or exported from the United States at a place other than a designated port of entry;

(B) deter and prevent the illegal entry of terrorists, terrorist weapons, persons, and contraband; and

(C) carry out other duties and powers prescribed by the Commissioner.

(f) Air and Marine Operations

(1) In general

There is established in U.S. Customs and Border Protection an office known as Air and Marine Operations.

(2) Executive Assistant Commissioner

There shall be at the head of Air and Marine Operations an Executive Assistant Commissioner, who shall report to the Commissioner.

(3) Duties

Air and Marine Operations shall—

(A) serve as the law enforcement office within U.S. Customs and Border Protection with primary responsibility to detect, interdict, and prevent acts of terrorism and the unlawful movement of people, illicit drugs, and other contraband across the borders of the United States in the air and maritime environment;

(B) conduct joint aviation and marine operations with U.S. Immigration and Customs Enforcement;

(C) conduct aviation and marine operations with international, Federal, State, and local law enforcement agencies, as appropriate;

(D) administer the Air and Marine Operations Center established under paragraph (4); and

(E) carry out other duties and powers prescribed by the Commissioner.

(4) Air and Marine Operations Center

(A) In general

There is established in Air and Marine Operations an Air and Marine Operations Center.

(B) Executive Director

There shall be at the head of the Air and Marine Operations Center an Executive Director, who shall report to the Executive Assistant Commissioner of Air and Marine Operations.

(C) Duties

The Air and Marine Operations Center shall—

(i) manage the air and maritime domain awareness of the Department, as directed by the Secretary;

(ii) monitor and coordinate the airspace for unmanned aerial systems operations of Air and Marine Operations in U.S. Customs and Border Protection;

(iii) detect, identify, and coordinate a response to threats to national security in the air domain, in coordination with other appropriate agencies, as determined by the Executive Assistant Commissioner;

(iv) provide aviation and marine support to other Federal, State, tribal, and local agencies; and

(v) carry out other duties and powers prescribed by the Executive Assistant Commissioner.

(g) Office of Field Operations

(1) In general

There is established in U.S. Customs and Border Protection an Office of Field Operations.

(2) Executive Assistant Commissioner

There shall be at the head of the Office of Field Operations an Executive Assistant Commissioner, who shall report to the Commissioner.

(3) Duties

The Office of Field Operations shall coordinate the enforcement activities of U.S. Customs and Border Protection at United States air, land, and sea ports of entry to—

(A) deter and prevent terrorists and terrorist weapons from entering the United States at such ports of entry;

(B) conduct inspections at such ports of entry to safeguard the United States from terrorism and illegal entry of persons;

(C) prevent illicit drugs, agricultural pests, and contraband from entering the United States;

(D) in coordination with the Commissioner, facilitate and expedite the flow of legitimate travelers and trade;

(E) administer the National Targeting Center established under paragraph (4);

(F) coordinate with the Executive Assistant Commissioner for the Office of Trade with respect to the trade facilitation and trade enforcement activities of U.S. Customs and Border Protection; and

(G) carry out other duties and powers prescribed by the Commissioner.

(4) National Targeting Center

(A) In general

There is established in the Office of Field Operations a National Targeting Center.

(B) Executive Director

There shall be at the head of the National Targeting Center an Executive Director, who shall report to the Executive Assistant Commissioner of the Office of Field Operations.

(C) Duties

The National Targeting Center shall—

(i) serve as the primary forum for targeting operations within U.S. Customs and Border Protection to collect and analyze traveler and cargo information in advance of arrival in the United States to identify and address security risks and strengthen trade enforcement;

(ii) identify, review, and target travelers and cargo for examination;

(iii) coordinate the examination of entry and exit of travelers and cargo;

(iv) develop and conduct commercial risk assessment targeting with respect to cargo destined for the United States;

(v) coordinate with the Transportation Security Administration, as appropriate;

(vi) issue Trade Alerts pursuant to section 4318(b) of title 19; and

(vii) carry out other duties and powers prescribed by the Executive Assistant Commissioner.

(5) Annual report on staffing

(A) In general

Not later than 30 days after February 24, 2016, and annually thereafter, the Executive Assistant Commissioner shall submit to the Committee on Homeland Security and the Committee on Ways and Means of the House of Representatives and the Committee on Homeland Security and Governmental Affairs and the Committee on Finance of the Senate a report on the staffing model for the Office of Field Operations, including information on how many supervisors, front-line U.S. Customs and Border Protection officers, and support personnel are assigned to each Field Office and port of entry.

(B) Form

The report required under subparagraph (A) shall, to the greatest extent practicable, be submitted in unclassified form, but may be submitted in classified form, if the Executive Assistant Commissioner determines that such is appropriate and informs the Committee on Homeland Security and the Committee on Ways and Means of the House of Representatives and the Committee on Homeland Security and Governmental Affairs and the Committee on Finance of the Senate of the reasoning for such.

(h) Office of Intelligence

(1) In general

There is established in U.S. Customs and Border Protection an Office of Intelligence.

(2) Assistant Commissioner

There shall be at the head of the Office of Intelligence an Assistant Commissioner, who shall report to the Commissioner.

(3) Duties

The Office of Intelligence shall—

(A) develop, provide, coordinate, and implement intelligence capabilities into a cohesive intelligence enterprise to support the execution of the duties and responsibilities of U.S. Customs and Border Protection;

(B) manage the counterintelligence operations of U.S. Customs and Border Protection;

(C) establish, in coordination with the Chief Intelligence Officer of the Department, as appropriate, intelligence-sharing relationships with Federal, State, local, and tribal agencies and intelligence agencies;

(D) conduct risk-based covert testing of U.S. Customs and Border Protection operations, including for nuclear and radiological risks; and

(E) carry out other duties and powers prescribed by the Commissioner.

(i) Office of International Affairs

(1) In general

There is established in U.S. Customs and Border Protection an Office of International Affairs.

(2) Assistant Commissioner

There shall be at the head of the Office of International Affairs an Assistant Commissioner, who shall report to the Commissioner.

(3) Duties

The Office of International Affairs, in collaboration with the Office of Policy of the Department, shall—

(A) coordinate and support U.S. Customs and Border Protection's foreign initiatives, policies, programs, and activities;

(B) coordinate and support U.S. Customs and Border Protection's personnel stationed abroad;

(C) maintain partnerships and information-sharing agreements and arrangements with foreign governments, international organizations, and United States agencies in support of U.S. Customs and Border Protection's duties and responsibilities;

(D) provide necessary capacity building, training, and assistance to foreign customs and border control agencies to strengthen border, global supply chain, and travel security, as appropriate;

(E) coordinate mission support services to sustain U.S. Customs and Border Protection's global activities;

(F) coordinate with customs authorities of foreign countries with respect to trade facilitation and trade enforcement;

(G) coordinate U.S. Customs and Border Protection's engagement in international negotiations;

(H) advise the Commissioner with respect to matters arising in the World Customs Organization and other international organizations as such matters relate to the policies and procedures of U.S. Customs and Border Protection;

(I) advise the Commissioner regarding international agreements to which the United States is a party as such agreements relate to the policies and regulations of U.S. Customs and Border Protection; and

(J) carry out other duties and powers prescribed by the Commissioner.

(j) Office of Professional Responsibility

(1) In general

There is established in U.S. Customs and Border Protection an Office of Professional Responsibility.

(2) Assistant Commissioner

There shall be at the head of the Office of Professional Responsibility an Assistant Commissioner, who shall report to the Commissioner.

(3) Duties

The Office of Professional Responsibility shall—

(A) investigate criminal and administrative matters and misconduct by officers, agents, and other employees of U.S. Customs and Border Protection;

(B) manage integrity-related programs and policies of U.S. Customs and Border Protection;

(C) conduct research and analysis regarding misconduct of officers, agents, and other employees of U.S. Customs and Border Protection; and

(D) carry out other duties and powers prescribed by the Commissioner.

(k) Standard operating procedures

(1) In general

The Commissioner shall establish—

(A) standard operating procedures for searching, reviewing, retaining, and sharing information contained in communication, electronic, or digital devices encountered by U.S. Customs and Border Protection personnel at United States ports of entry;

(B) standard use of force procedures that officers and agents of U.S. Customs and Border Protection may employ in the execution of their duties, including the use of deadly force;

(C) uniform, standardized, and publicly-available procedures for processing and investigating complaints against officers, agents, and employees of U.S. Customs and Border Protection for violations of professional conduct, including the timely disposition of complaints and a written notification to the complainant of the status or outcome, as appropriate, of the related investigation, in accordance with section 552a of title 5 (commonly referred to as the "Privacy Act" or the "Privacy Act of 1974");

(D) an internal, uniform reporting mechanism regarding incidents involving the use of deadly force by an officer or agent of U.S. Customs and Border Protection, including an evaluation of the degree to which the procedures required under subparagraph (B) were followed; and

(E) standard operating procedures, acting through the Executive Assistant Commissioner for Air and Marine Operations and in coordination with the Office for Civil Rights and Civil Liberties and the Office of Privacy of the Department, to provide command, control, communication, surveillance, and reconnaissance assistance through the use of unmanned aerial systems, including the establishment of—

(i) a process for other Federal, State, and local law enforcement agencies to submit mission requests;

(ii) a formal procedure to determine whether to approve or deny such a mission request;

(iii) a formal procedure to determine how such mission requests are prioritized and coordinated; and

(iv) a process regarding the protection and privacy of data and images collected by U.S. Customs and Border Protection through the use of unmanned aerial systems.

(2) Requirements regarding certain notifications

The standard operating procedures established pursuant to subparagraph (A) of paragraph (1) shall require—

(A) in the case of a search of information conducted on an electronic device by U.S. Customs and Border Protection personnel, the Commissioner to notify the individual subject to such search of the purpose and authority for such search, and how such individual may obtain information on reporting concerns about such search; and

(B) in the case of information collected by U.S. Customs and Border Protection through a search of an electronic device, if such information is transmitted to another Federal agency for subject matter assistance, translation, or decryption, the Commissioner to notify the individual subject to such search of such transmission.

(3) Exceptions

The Commissioner may withhold the notifications required under paragraphs (1)(C) and (2) if the Commissioner determines, in the sole and unreviewable discretion of the Commissioner, that such notifications would impair national security, law enforcement, or other operational interests.

(4) Update and review

The Commissioner shall review and update every three years the standard operating procedures required under this subsection.

(5) Audits

The Inspector General of the Department of Homeland Security shall develop and annually administer, during each of the three calendar years beginning in the calendar year that begins after February 24, 2016, an auditing mechanism to review whether searches of electronic devices at or between United States ports of entry are being conducted in conformity with the standard operating procedures required under subparagraph (A) of paragraph (1). Such audits shall be submitted to the Committee on Homeland Security of the House of Representatives and the Committee on Homeland Security and Governmental Affairs of the Senate and shall include the following:

(A) A description of the activities of officers and agents of U.S. Customs and Border Protection with respect to such searches.

(B) The number of such searches.

(C) The number of instances in which information contained in such devices that were subjected to such searches was retained, copied, shared, or entered in an electronic database.

(D) The number of such devices detained as the result of such searches.

(E) The number of instances in which information collected from such devices was subjected to such searches and was transmitted to another Federal agency, including whether such transmissions resulted in a prosecution or conviction.

(6) Requirements regarding other notifications

The standard use of force procedures established pursuant to subparagraph (B) of paragraph (1) shall require—

(A) in the case of an incident of the use of deadly force by U.S. Customs and Border Protection personnel, the Commissioner to notify the Committee on Homeland Security of the House of Representatives and the Committee on Homeland Security and Governmental Affairs of the Senate; and

(B) the Commissioner to provide to such committees a copy of the evaluation pursuant to subparagraph (D) of such paragraph not later than 30 days after completion of such evaluation.

(7) Report on unmanned aerial systems

The Commissioner 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 an annual report, for each of the three calendar years beginning in the calendar year that begins after February 24, 2016, that reviews whether the use of unmanned aerial systems is being conducted in conformity with the standard operating procedures required under subparagraph (E) of paragraph (1). Such reports—

(A) shall be submitted with the annual budget of the United States Government submitted by the President under section 1105 of title 31;

(B) may be submitted in classified form if the Commissioner determines that such is appropriate; and

(C) shall include—

(i) a detailed description of how, where, and for how long data and images collected through the use of unmanned aerial systems by U.S. Customs and Border Protection are collected and stored; and

(ii) a list of Federal, State, and local law enforcement agencies that submitted mission requests in the previous year and the disposition of such requests.

(l) Training

The Commissioner shall require all officers and agents of U.S. Customs and Border Protection to participate in a specified amount of continuing education (to be determined by the Commissioner) to maintain an understanding of Federal legal rulings, court decisions, and departmental policies, procedures, and guidelines.

(m) Short-term detention standards

(1) Access to food and water

The Commissioner shall make every effort to ensure that adequate access to food and water is provided to an individual apprehended and detained at a United States port of entry or between ports of entry as soon as practicable following the time of such apprehension or during subsequent short-term detention.

(2) Access to information on detainee rights at border patrol processing centers

(A) In general

The Commissioner shall ensure that an individual apprehended by a U.S. Border Patrol agent or an Office of Field Operations officer is provided with information concerning such individual's rights, including the right to contact a representative of such individual's government for purposes of United States treaty obligations.

(B) Form

The information referred to in subparagraph (A) may be provided either verbally or in writing, and shall be posted in the detention holding cell in which such individual is being held. The information shall be provided in a language understandable to such individual.

(3) Short-term detention defined

In this subsection, the term "short-term detention" means detention in a U.S. Customs and Border Protection processing center for 72 hours or less, before repatriation to a country of nationality or last habitual residence.

(4) Daytime repatriation

When practicable, repatriations shall be limited to daylight hours and avoid locations that are determined to have high indices of crime and violence.

(5) Report on procurement process and standards

Not later than 180 days after February 24, 2016, the Comptroller General of the United States shall submit to the Committee on Homeland Security of the House of Representatives and the Committee on Homeland Security and Governmental Affairs of the Senate a report on the procurement process and standards of entities with which U.S. Customs and Border Protection has contracts for the transportation and detention of individuals apprehended by agents or officers of U.S. Customs and Border Protection. Such report should also consider the operational efficiency of contracting the transportation and detention of such individuals.

(6) Report on inspections of short-term custody facilities

The Commissioner shall—

(A) annually inspect all facilities utilized for short-term detention; and

(B) make publicly available information collected pursuant to such inspections, including information regarding the requirements under paragraphs (1) and (2) and, where appropriate, issue recommendations to improve the conditions of such facilities.

(n) Wait times transparency

(1) In general

The Commissioner shall—

(A) publish live wait times for travelers entering the United States at the 20 United States airports that support the highest volume of international travel (as determined by available Federal flight data);

(B) make information about such wait times available to the public in real time through the U.S. Customs and Border Protection website;

(C) submit to the Committee on Homeland Security and the Committee on Ways and Means of the House of Representatives and the Committee on Homeland Security and Governmental Affairs and the Committee on Finance of the Senate, for each of the five calendar years beginning in the calendar year that begins after February 24, 2016, a report that includes compilations of all such wait times and a ranking of such United States airports by wait times; and

(D) provide adequate staffing at the U.S. Customs and Border Protection information center to ensure timely access for travelers attempting to submit comments or speak with a representative about their entry experiences.

(2) Calculation

The wait times referred to in paragraph (1)(A) shall be determined by calculating the time elapsed between an individual's entry into the U.S. Customs and Border Protection inspection area and such individual's clearance by a U.S. Customs and Border Protection officer.

(o) Other authorities

(1) In general

The Secretary may establish such other offices or positions of Assistant Commissioners (or other similar officers or officials) as the Secretary determines necessary to carry out the missions, duties, functions, and authorities of U.S. Customs and Border Protection.

(2) Notification

If the Secretary exercises the authority provided under paragraph (1), the Secretary shall notify the Committee on Homeland Security and the Committee on Ways and Means of the House of Representatives and the Committee on Homeland Security and Governmental Affairs and the Committee on Finance of the Senate not later than 30 days before exercising such authority.

(3) Rescue beacons

Beginning in fiscal year 2019, in carrying out subsection (c)(8), the Commissioner shall purchase, deploy, and maintain not more than 250 self-powering, 9–1–1 cellular relay rescue beacons along the southern border of the United States at locations determined appropriate by the Commissioner to mitigate migrant deaths.

(p) Reports to Congress

The Commissioner shall, on and after February 24, 2016, continue to submit to the Committee on Homeland Security and the Committee on Ways and Means of the House of Representatives and the Committee on Homeland Security and Governmental Affairs and the Committee on Finance of the Senate any report required, on the day before February 24, 2016, to be submitted under any provision of law.

(q) Other Federal agencies

Nothing in this section may be construed as affecting in any manner the authority, existing on the day before February 24, 2016, of any other Federal agency or component of the Department.

(r) Definitions

In this section, the terms "commercial operations", "customs and trade laws of the United States", "trade enforcement", and "trade facilitation" have the meanings given such terms in section 4301 of title 19.

(Pub. L. 107–296, title IV, §411, Nov. 25, 2002, 116 Stat. 2178; Pub. L. 114–125, title VIII, §802(a), Feb. 24, 2016, 130 Stat. 199; Pub. L. 115–79, §4(a), Nov. 2, 2017, 131 Stat. 1260; Pub. L. 116–277, §3, Dec. 31, 2020, 134 Stat. 3370; Pub. L. 117–103, div. F, title II, §212, Mar. 15, 2022, 136 Stat. 322.)

Editorial Notes

References in Text

The Security and Accountability for Every Port Act of 2006, referred to in subsec. (c)(14)(B), is Pub. L. 109–347, Oct. 13, 2006, 120 Stat. 1884, also known as the SAFE Port Act. Subtitle B of title II of the Act is classified generally to part B (§961 et seq.) of subchapter II of chapter 3 of this title. For complete classification of this Act to the Code, see Short Title note set out under section 901 of this title and Tables.

Codification

Section is comprised of section 411 of Pub. L. 107–296. Former subsec. (b)(2) of section 411 of Pub. L. 107–296 amended section 5314 of Title 5, Government Organization and Employees.

Amendments

2022—Subsec. (o)(3). Pub. L. 117–103 substituted "250" for "170".

2020—Subsec. (o)(3). Pub. L. 116–277 added par. (3).

2017—Subsec. (c)(18), (19). Pub. L. 115–79 added par. (18) and redesignated former par. (18) as (19).

2016—Pub. L. 114–125 amended section generally. Prior to amendment, section established the United States Customs Service headed by a Commissioner of Customs.

Statutory Notes and Related Subsidiaries

Change of Name

Pub. L. 114–125, title VIII, §802(d)(2), Feb. 24, 2016, 130 Stat. 210, provided that: "On and after the date of the enactment of this Act [Feb. 24, 2016], any reference in law or regulations to the 'Commissioner of Customs' or the 'Commissioner of the Customs Service' shall be deemed to be a reference to the Commissioner of U.S. Customs and Border Protection."

Effective Date of 2016 Amendment; Continuity of Functions, Rules, and Actions

Pub. L. 114–125, title VIII, §802(b), Feb. 24, 2016, 130 Stat. 209, provided that:

"(1) Treatment.—Section 411 of the Homeland Security Act of 2002 [6 U.S.C. 211], as amended by subsection (a) of this section, shall be treated as if included in such Act [Pub. L. 107–296] as of the date of the enactment of such Act [Nov. 25, 2002], and, in addition to the functions, missions, duties, and authorities specified in such amended section 411, U.S. Customs and Border Protection shall continue to perform and carry out the functions, missions, duties, and authorities under section 411 of such Act as in existence on the day before the date of the enactment of this Act [Feb. 24, 2016], and section 415 of the Homeland Security Act of 2002 [6 U.S.C. 215].

"(2) Rules of construction.—

"(A) Rules and regulations.—Notwithstanding paragraph (1), nothing in this title [see Tables for classification] or any amendment made by this title may be construed as affecting in any manner any rule or regulation issued or promulgated pursuant to any provision of law, including section 411 of the Homeland Security Act of 2002 as in existence on the day before the date of the enactment of this Act [Feb. 24, 2016], and any such rule or regulation shall continue to have full force and effect on and after such date.

"(B) Other actions.—Notwithstanding paragraph (1), nothing in this Act [see Tables for classification] may be construed as affecting in any manner any action, determination, policy, or decision pursuant to section 411 of the Homeland Security Act of 2002 as in existence on the day before the date of the enactment of this Act, and any such action, determination, policy, or decision shall continue to have full force and effect on and after such date."

Large-Scale Non-Intrusive Inspection Scanning

Pub. L. 116–299, Jan. 5, 2021, 134 Stat. 4906, provided that:

"SECTION 1. SHORT TITLE.

"This Act may be cited as the 'Securing America's Ports Act'.

"SEC. 2. LARGE-SCALE NON-INTRUSIVE INSPECTION SCANNING PLAN.

"(a) Definitions.—In this section:

"(1) Large-scale non-intrusive inspection system.—The term 'large-scale, non-intrusive inspection system' means a technology, including x-ray, gamma-ray, and passive imaging systems, capable of producing an image of the contents of a commercial or passenger vehicle or freight rail car in 1 pass of such vehicle or car.

"(2) Scanning.—The term 'scanning' means utilizing nonintrusive imaging equipment, radiation detection equipment, or both, to capture data, including images of a commercial or passenger vehicle or freight rail car.

"(b) In General.—Not later than 180 days after the date of the enactment of this Act [Jan. 5, 2021], the Secretary of Homeland Security shall submit a plan to the Committee on Homeland Security and Governmental Affairs of the Senate and the Committee on Homeland Security of the House of Representatives for increasing to 100 percent the rate of high-throughput scanning of commercial and passenger vehicles and freight rail traffic entering the United States at land ports of entry and rail-border crossings along the border using large-scale non-intrusive inspection systems or similar technology to enhance border security.

"(c) Baseline Information.—The plan under subsection (b) shall include, at a minimum, the following information regarding large-scale non-intrusive inspection systems or similar technology operated by U.S. Customs and Border Protection at land ports of entry and rail-border crossings as of the date of the enactment of this Act:

"(1) An inventory of large-scale non-intrusive inspection systems or similar technology in use at each land port of entry.

"(2) For each system or technology identified in the inventory under paragraph (1)—

"(A) the scanning method of such system or technology;

"(B) the location of such system or technology at each land port of entry that specifies whether in use in pre-primary, primary, or secondary inspection area, or some combination of such areas;

"(C) the percentage of commercial and passenger vehicles and freight rail traffic scanned by such system or technology;

"(D) seizure data directly attributed to scanned commercial and passenger vehicles and freight rail traffic; and

"(E) the number of personnel required to operate each system or technology.

"(3) Information regarding the continued use of other technology and tactics used for scanning, such as canines and human intelligence in conjunction with large scale, nonintrusive inspection systems.

"(d) Elements.—The plan under subsection (b) shall include the following information:

"(1) Benchmarks for achieving incremental progress towards 100 percent high-throughput scanning within the next 6 years of commercial and passenger vehicles and freight rail traffic entering the United States at land ports of entry and rail-border crossings along the border with corresponding projected incremental improvements in scanning rates by fiscal year and rationales for the specified timeframes for each land port of entry.

"(2) Estimated costs, together with an acquisition plan, for achieving the 100 percent high-throughput scanning rate within the timeframes specified in paragraph (1), including acquisition, operations, and maintenance costs for large-scale, nonintrusive inspection systems or similar technology, and associated costs for any necessary infrastructure enhancements or configuration changes at each port of entry. Such acquisition plan shall promote, to the extent practicable, opportunities for entities that qualify as small business concerns (as defined under section 3(a) of the Small Business Act (15 U.S.C. 632(a)).

"(3) Any projected impacts, as identified by the Commissioner of U.S. Customs and Border Protection, on the total number of commercial and passenger vehicles and freight rail traffic entering at land ports of entry and rail-border crossings where such systems are in use, and average wait times at peak and non-peak travel times, by lane type if applicable, as scanning rates are increased.

"(4) Any projected impacts, as identified by the Commissioner of U.S. Customs and Border Protection, on land ports of entry and rail-border crossings border security operations as a result of implementation actions, including any changes to the number of U.S. Customs and Border Protection officers or their duties and assignments.

"(e) Annual Report.—Not later than 1 year after the submission of the plan under subsection (b), and biennially thereafter for the following 6 years, the Secretary of Homeland Security shall submit a report to the Committee on Homeland Security and Governmental Affairs of the Senate and the Committee on Homeland Security of the House of Representatives that describes the progress implementing the plan and includes—

"(1) an inventory of large-scale, nonintrusive inspection systems or similar technology operated by U.S. Customs and Border Protection at each land port of entry;

"(2) for each system or technology identified in the inventory required under paragraph (1)—

"(A) the scanning method of such system or technology;

"(B) the location of such system or technology at each land port of entry that specifies whether in use in pre-primary, primary, or secondary inspection area, or some combination of such areas;

"(C) the percentage of commercial and passenger vehicles and freight rail traffic scanned by such system or technology; and

"(D) seizure data directly attributed to scanned commercial and passenger vehicles and freight rail traffic;

"(3) the total number of commercial and passenger vehicles and freight rail traffic entering at each land port of entry at which each system or technology is in use, and information on average wait times at peak and non-peak travel times, by lane type if applicable;

"(4) a description of the progress towards reaching the benchmarks referred to in subsection (d)(1), and an explanation if any of such benchmarks are not achieved as planned;

"(5) a comparison of actual costs (including information on any awards of associated contracts) to estimated costs set forth in subsection (d)(2);

"(6) any realized impacts, as identified by the Commissioner of U.S. Customs and Border Protection, on land ports of entry and rail-border crossings operations as a result of implementation actions, including any changes to the number of U.S. Customs and Border Protection officers or their duties and assignments;

"(7) any proposed changes to the plan and an explanation for such changes, including changes made in response to any Department of Homeland Security research and development findings or changes in terrorist or transnational criminal organizations tactics, techniques, or procedures; and

"(8) any challenges to implementing the plan or meeting the benchmarks, and plans to mitigate any such challenges."

DHS Opioid Detection Resilience

Pub. L. 116–254, Dec. 23, 2020, 134 Stat. 1137, provided that:

"SECTION 1. SHORT TITLE.

"This Act may be cited as the 'DHS Opioid Detection Resilience Act of 2019'.

"SEC. 2. STRATEGY TO ENSURE DETECTION OF ALL OPIOID PURITY LEVELS AT PORTS OF ENTRY.

"Not later than 180 days after the date of the enactment of this section [Dec. 23, 2020], the Commissioner of U.S. Customs and Border Protection (CBP) shall—

"(1) implement a strategy to ensure deployed chemical screening devices are able to identify in an operational environment narcotics at purity levels less than or equal to 10 percent, or provide ports of entry with an alternate method for identifying narcotics at lower purity levels; and

"(2) require testing of any new chemical screening devices to understand the abilities and limitations of such devices relating to identifying narcotics at various purity levels before CBP commits to the acquisition of such devices.

"SEC. 3. PLAN TO ENSURE OPIOID DETECTION EQUIPMENT RESILIENCY.

"Not later than 180 days after the date of the enactment of this section, the Secretary of Homeland Security shall implement a plan for the long-term development of a centralized spectral database for chemical screening devices. Such plan shall address the following:

"(1) How newly identified spectra will be collected, stored, and distributed to such devices in their operational environment, including at ports of entry.

"(2) Identification of parties responsible for updates and maintenance of such database."

Protecting America's Food and Agriculture

Pub. L. 116–122, Mar. 3, 2020, 134 Stat. 143, provided that:

"SECTION 1. SHORT TITLE.

"This Act may be cited as the 'Protecting America's Food and Agriculture Act of 2019'.

"SEC. 2. FINDING.

"Congress finds that—

"(1) it is in the national security interest of the United States to ensure that the Nation's food supply is sufficiently protected; and

"(2) a vital part of such protection is the availability of adequate resources at the border to conduct inspections of incoming food and agricultural goods.

"SEC. 3. DEFINITIONS.

"In this Act:

"(1) Appropriate congressional committees.—The term 'appropriate congressional committees' means—

"(A) the Committee on Homeland Security and Governmental Affairs of the Senate;

"(B) the Committee on Agriculture, Nutrition, and Forestry of the Senate;

"(C) the Committee on Homeland Security of the House of Representatives; and

"(D) the Committee on Agriculture of the House of Representatives.

"(2) CBP.—The term 'CBP' means U.S. Customs and Border Protection.

"SEC. 4. ADDITIONAL U.S. CUSTOMS AND BORDER PROTECTION PERSONNEL.

"(a) CBP Agriculture Specialists.—The Commissioner of U.S. Customs and Border Protection may hire, train, and assign 240 new CBP Agriculture Specialists above the current attrition level during every fiscal year until the total number of CBP Agriculture Specialists equals and sustains the requirements identified each year in the Agriculture Resource Allocation Model.

"(b) Mission and Operational Support Staff.—

"(1) In general.—The Commissioner of U.S. Customs and Border Protection may hire, train, and assign support staff to support CBP Agriculture Specialists.

"(2) CBP agriculture technicians.—The Commissioner of U.S. Customs and Border Protection may hire, train, and assign 200 new CBP Agriculture Technicians during each fiscal year until the total number of CBP Agriculture Technicians equals and sustains the requirements identified each year in the Mission and Operational Support Resource Allocation Model.

"(c) CBP Agriculture Canine Teams.—The Commissioner of U.S. Customs and Border Protection may hire, train, and assign 20 new CBP agriculture canine teams during each of the first 3 fiscal years beginning after the date of the enactment of this Act [Mar. 3, 2020].

"(d) Traffic Forecasts.—In calculating the number of CBP Agriculture Specialists needed at each port of entry through the Agriculture Resource Allocation Model, the Office of Field Operations shall—

"(1) rely on data collected regarding the inspections and other activities conducted at each such port of entry; and

"(2) consider volume from seasonal surges, other projected changes in commercial and passenger volumes, the most current commercial forecasts, and other relevant information.

"(e) Authorization of Appropriations.—

"(1) CBP agriculture specialists.—There is authorized to be appropriated to carry out subsection (a)—

"(A) $29,900,000 for fiscal year 2020;

"(B) $36,100,000 for fiscal year 2021; and

"(C) $40,500,000 for fiscal year 2022.

"(2) CBP agriculture technicians.—There is authorized to be appropriated to carry out subsection (b)—

"(A) $11,000,000 for fiscal year 2020;

"(B) $25,000,000 for fiscal year 2021; and

"(C) $38,000,000 for fiscal year 2022.

"(3) CBP agriculture canine teams.—There is authorized to be appropriated to carry out subsection (c)—

"(A) $3,500,000 for fiscal year 2020;

"(B) $7,400,000 for fiscal year 2021; and

"(C) $12,200,000 for fiscal year 2022.

"(4) Training.—There is authorized to be appropriated for training costs associated with the new CBP personnel and canine teams hired pursuant to subsections (a), (b), and (c) $6,000,000 for each of the fiscal years 2020, 2021, and 2022.

"SEC. 5. GAO STUDY, BRIEFING, AND REPORT.

"(a) Study.—The Comptroller General of the United States, after consultation with the appropriate congressional committees, shall conduct a review of the efforts of the Department of Homeland Security, the Department of Agriculture, and other Federal agencies to address risks to the agricultural supply that analyzes—

"(1) interagency coordination and the distribution of responsibilities among Federal agencies with respect to the inspection of agricultural commodities entering the United States;

"(2) the effectiveness of such inspection responsibilities among Federal agencies; and

"(3) the training provided to, and working conditions of, CBP Agriculture Specialists.

"(b) Briefing.—Not later than 1 year after the date of the enactment of this Act [Mar. 3, 2020], the Comptroller General shall brief the appropriate congressional committees regarding the results of the study conducted pursuant to subsection (a).

"(c) Report.—Not later than 90 days after the briefing required under subsection (b), the Comptroller General shall complete the study required under subsection (a) and make the results of the study available to the public."

Use of Funds To Continue Detention Services Contracts

Pub. L. 118–47, div. C, title II, §213, Mar. 23, 2024, 138 Stat. 603, provided that:

"(a) None of the funds provided under the heading 'U.S. Immigration and Customs Enforcement—Operations and Support' may be used to continue any contract for the provision of detention services if the two most recent overall performance evaluations received by the contracted facility are less than 'adequate' or the equivalent median score in any subsequent performance evaluation system.

"(b) The performance evaluations referenced in subsection (a) shall be conducted by the U.S. Immigration and Customs Enforcement Office of Professional Responsibility."

Similar provisions were contained in the following prior appropriation acts:

Pub. L. 117–328, div. F, title II, §214, Dec. 29, 2022, 136 Stat. 4736.

Pub. L. 117–103, div. F, title II, §215, Mar. 15, 2022, 136 Stat. 322.

Pub. L. 116–260, div. F, title II, §215, Dec. 27, 2020, 134 Stat. 1457.

Pub. L. 116–93, div. D, title II, §215, Dec. 20, 2019, 133 Stat. 2513.

Ports of Entry Threat and Operational Review

Pub. L. 115–372, Dec. 21, 2018, 132 Stat. 5107, provided that:

"SECTION 1. SHORT TITLE.

"This Act may be cited as the 'United States Ports of Entry Threat and Operational Review Act'.

"SEC. 2. PORTS OF ENTRY THREAT AND OPERATIONAL ANALYSIS.

"(a) In General.—

"(1) Requirement.—Not later than 180 days after the date of the enactment of this Act [Dec. 21, 2018], the Secretary of Homeland Security, acting through the Commissioner of U.S. Customs and Border Protection, shall submit to the Committee on Homeland Security and the Committee on Ways and Means of the House of Representatives and the Committee on Homeland Security and Governmental Affairs and the Committee on Finance of the Senate a threat and operational analysis of ports of entry.

"(2) Contents.—The threat and operational analysis required under paragraph (1) shall include an assessment of the following:

"(A) Current and potential threats posed by individuals and organized groups seeking—

"(i) to exploit security vulnerabilities at ports of entry; or

"(ii) to unlawfully enter the United States through such ports of entry.

"(B) Methods and pathways used to exploit security vulnerabilities at ports of entry.

"(C) Improvements needed at ports of entry to prevent the unlawful movement of people, illicit drugs, and other contraband across the borders of the United States.

"(D) Improvements needed to enhance travel and trade facilitation and reduce wait times at ports of entry, including—

"(i) security vulnerabilities associated with prolonged wait times;

"(ii) current technology at ports of entry that can be adapted to handle more volume, increase efficiency, and improve accuracy of detection efforts; and

"(iii) infrastructure additions and upgrades.

"(E) Processes conducted at ports of entry that do not require law enforcement training and could be—

"(i) filled with—

     "(I) non-law enforcement staff; or

     "(II) the private sector, for processes or activities determined to not be inherently governmental (as such term is defined in section 5 of the Federal Activities Inventory Reform Act of 1998 (Public Law 105–270; [31 U.S.C. 501 note])); or

"(ii) automated.

"(3) Analysis requirements.—In compiling the threat and operational analysis required under paragraph (1), the Secretary of Homeland Security, acting through the Commissioner of U.S. Customs and Border Protection, shall consider and examine the following:

"(A) Personnel needs, including K–9 Units, and estimated costs, at each port of entry, including such needs and challenges associated with recruitment and hiring.

"(B) Technology needs, including radiation portal monitors and non-intrusive inspection technology, and estimated costs at each port of entry.

"(C) Infrastructure needs and estimated costs at each port of entry.

"(b) Ports of Entry Strategy and Implementation Plan.—

"(1) In general.—Not later than 270 days after the submission of the threat and operational analysis required under subsection (a) and every 5 years thereafter for 10 years, the Secretary of Homeland Security, acting through the Commissioner of U.S. Customs and Border Protection (CBP), shall provide to the Committee on Homeland Security and the Committee on Ways and Means of the House of Representatives and the Committee on Homeland Security and Governmental Affairs and the Committee on Finance of the Senate a ports of entry strategy and implementation plan.

"(2) Contents.—The ports of entry strategy and implementation plan required under paragraph (1) shall include a consideration of the following:

"(A) The ports of entry threat and operational analysis required under subsection (a), with an emphasis on efforts to mitigate threats and challenges identified in such analysis.

"(B) Efforts to reduce wait times at ports of entry and standards against which the effectiveness of such efforts may be determined.

"(C) Efforts to prevent the unlawful movement of people, illicit drugs, and other contraband across the borders of the United States at the earliest possible point at ports of entry and standards against which the effectiveness of such efforts may be determined.

"(D) Efforts to focus intelligence collection and information analysis to disrupt transnational criminal organizations attempting to exploit vulnerabilities at ports of entry and standards against which the effectiveness of such efforts may be determined.

"(E) Efforts to verify that any new port of entry technology acquisition can be operationally integrated with existing technologies in use by the Department of Homeland Security.

"(F) Lessons learned from reports on the business transformation initiative under section 802(i)(1) of the Trade Facilitation and Trade Enforcement Act of 2015 (Public Law 114–125).

"(G) CBP staffing requirements for all ports of entry.

"(H) Efforts to identify and detect fraudulent documents at ports of entry and standards against which the effectiveness of such efforts may be determined.

"(I) Efforts to prevent, detect, investigate, and mitigate corruption at ports of entry and standards against which the effectiveness of such efforts may be determined.

"(c) Ports of Entry Described.—In this section, the term 'ports of entry' means United States air, land, and sea ports of entry."

Required Notice of Aircraft Transfers

Pub. L. 115–141, div. F, title II, §203, Mar. 23, 2018, 132 Stat. 612, provided that: "Hereafter, no U.S. Customs and Border Protection aircraft or other related equipment, with the exception of aircraft that are one of a kind and have been identified as excess to U.S. Customs and Border Protection requirements and aircraft that have been damaged beyond repair, shall be transferred to any other Federal agency, department, or office outside of the Department of Homeland Security without prior notice to the Committees on Appropriations of the Senate and the House of Representatives."

Detecting Incoming Contraband with Technology

Pub. L. 115–112, Jan. 10, 2018, 131 Stat. 2274, provided that:

"SECTION 1. SHORT TITLE.

"This Act may be cited as the 'International Narcotics Trafficking Emergency Response by Detecting Incoming Contraband with Technology Act' or the 'INTERDICT Act'.

"SEC. 2. DEFINITIONS.

"In this Act:

"(1) Chemical screening device.—The term 'chemical screening device' means an immunoassay, narcotics field test kit, infrared spectrophotometer, mass spectrometer, nuclear magnetic resonance spectrometer, Raman spectrophotometer, or other scientific instrumentation able to collect data that can be interpreted to determine the presence of fentanyl, other synthetic opioids, and other narcotics and psychoactive substances.

"(2) Commissioner.—The term 'Commissioner' means the Commissioner of U.S. Customs and Border Protection.

"(3) Express consignment operator or carrier.—The term 'express consignment operator or carrier' has the meaning given that term in section 128.1 of title 19, Code of Federal Regulations (or any similar successor regulation).

"SEC. 3. INTERDICTION OF FENTANYL, OTHER SYNTHETIC OPIOIDS, AND OTHER NARCOTICS AND PSYCHOACTIVE SUBSTANCES.

"(a) Chemical Screening Devices.—The Commissioner shall—

"(1) increase the number of chemical screening devices available to U.S. Customs and Border Protection officers over the number of such devices that are available on the date of the enactment of this Act [Jan. 10, 2018]; and

"(2) make such additional chemical screening devices available to U.S. Customs and Border Protection officers as the Commissioner determines are necessary to interdict fentanyl, other synthetic opioids, and other narcotics and psychoactive substances that are illegally imported into the United States, including such substances that are imported through the mail or by an express consignment operator or carrier.

"(b) Personnel to Interpret Data.—The Commissioner shall dedicate the appropriate number of U.S. Customs and Border Protection personnel, including scientists, so that such personnel are available during all operational hours to interpret data collected by chemical screening devices.

"SEC. 4. AUTHORIZATION OF APPROPRIATIONS.

"There is authorized to be appropriated to the Commissioner $9,000,000 to ensure that U.S. Customs and Border Protection has resources, including chemical screening devices, personnel, and scientists, available during all operational hours to prevent, detect, and interdict the unlawful importation of fentanyl, other synthetic opioids, and other narcotics and psychoactive substances."

Continuation in Office

Pub. L. 114–125, title VIII, §802(c), Feb. 24, 2016, 130 Stat. 210, provided that:

"(1) Commissioner.—The individual serving as the Commissioner of Customs on the day before the date of the enactment of this Act [Feb. 24, 2016] may serve as the Commissioner of U.S. Customs and Border Protection on and after such date of enactment until a Commissioner of U.S. Customs and Border Protection is appointed under section 411 of the Homeland Security Act of 2002 [6 U.S.C. 211], as amended by subsection (a) of this section.

"(2) Other positions.—The individual serving as Deputy Commissioner, and the individuals serving as Assistant Commissioners and other officers and officials, under section 411 of the Homeland Security Act of 2002 on the day before the date of the enactment of this Act [Feb. 24, 2016] may serve as the Executive Assistant Commissioners, Deputy Commissioner, Assistant Commissioners, and other officers and officials, as appropriate, under such section 411 as amended by subsection (a) of this section unless the Commissioner of U.S. Customs and Border Protection determines that another individual should hold such position or positions."

Border Jobs for Veterans

Pub. L. 114–68, Oct. 16, 2015, 129 Stat. 555, provided that:

"SECTION 1. SHORT TITLE.

"This Act may be cited as the 'Border Jobs for Veterans Act of 2015'.

"SEC. 2. FINDINGS.

"Congress finds the following:

"(1) Customs and Border Protection officers at United States ports of entry carry out critical law enforcement duties associated with screening foreign visitors, returning United States citizens, and imported cargo entering the United States.

"(2) It is in the national interest for United States ports of entry to be adequately staffed with Customs and Border Protection officers in a timely fashion, including meeting the congressionally funded staffing target of 23,775 officers for fiscal year 2015.

"(3) An estimated 250,000 to 300,000 members of the Armed Forces separate from military service every year.

"(4) Recruiting efforts and expedited hiring procedures must be enhanced to ensure that individuals separating from military service are aware of, and partake in, opportunities to fill vacant Customs and Border Protection officer positions.

"SEC. 3. EXPEDITED HIRING OF APPROPRIATE SEPARATING SERVICE MEMBERS.

"The Secretary of Homeland Security shall consider the expedited hiring of qualified candidates who have the ability to perform the essential functions of the position of a Customs and Border Protection officer and who are eligible for a veterans recruitment appointment authorized under section 4214 of title 38, United States Code.

"SEC. 4. ENHANCEMENTS TO EXISTING PROGRAMS TO RECRUIT SERVICE MEMBERS SEPARATING FROM MILITARY SERVICE FOR CUSTOMS AND BORDER PROTECTION OFFICER VACANCIES.

"(a) In General.—The Secretary of Homeland Security, in consultation with the Secretary of Defense, and acting through existing programs, authorities, and agreements, where applicable, shall enhance the efforts of the Department of Homeland Security to recruit members of the Armed Forces who are separating from military service to serve as Customs and Border Protection officers.

"(b) Elements.—The enhanced recruiting efforts under subsection (a) shall—

"(1) include Customs and Border Protection officer opportunities in relevant job assistance efforts under the Transition Assistance Program;

"(2) place U.S. Customs and Border Protection officials or other relevant Department of Homeland Security officials at recruiting events and jobs fairs involving members of the Armed Forces who are separating from military service;

"(3) provide opportunities for local U.S. Customs and Border Protection field offices to partner with military bases in the region;

"(4) include outreach efforts to educate members of the Armed Forces with Military Occupational Specialty Codes and Officer Branches, Air Force Specialty Codes, Naval Enlisted Classifications and Officer Designators, and Coast Guard competencies that are transferable to the requirements, qualifications, and duties assigned to Customs and Border Protection officers of available hiring opportunities to become Customs and Border Protection officers;

"(5) identify shared activities and opportunities for reciprocity related to steps in hiring Customs and Border Protection officers with the goal of minimizing the time required to hire qualified applicants;

"(6) ensure the streamlined interagency transfer of relevant background investigations and security clearances; and

"(7) include such other elements as may be necessary to ensure that members of the Armed Forces who are separating from military service are aware of opportunities to fill vacant Customs and Border Protection officer positions.

"SEC. 5. REPORT TO CONGRESS.

"(a) In General.—Not later than 180 days after the date of the enactment of this Act [Oct. 16, 2015], and by December 31 of each of the next 3 years thereafter, the Secretary of Homeland Security, in consultation with the Secretary of Defense, shall submit a report to the Committee on Homeland Security and the Committee on Armed Services of the House of Representatives and the Committee on Homeland Security and Governmental Affairs and the Committee on Armed Services of the Senate that includes a description and assessment of the efforts of the Department of Homeland Security to hire members of the Armed Forces who are separating from military service as Customs and Border Protection officers under section 4.

"(b) Content.—The report required under subsection (a) shall include—

"(1) a detailed description of the efforts to implement section 4, including—

"(A) elements of the enhanced recruiting efforts and the goals associated with such elements; and

"(B) a description of how the elements and goals referred to in subparagraph (A) will assist in meeting statutorily mandated staffing levels and agency hiring benchmarks;

"(2) a detailed description of the efforts that have been undertaken under section 4;

"(3) the estimated number of separating service members made aware of Customs and Border Protection officer vacancies;

"(4) the number of Customs and Border Protection officer vacancies filled with separating service members; and

"(5) the number of Customs and Border Protection officer vacancies filled with separating service members under Veterans Recruitment Appointment authorized under section 4214 of title 38, United States Code.

"SEC. 6. RULES OF CONSTRUCTION.

"Nothing in this Act may be construed—

"(1) as superseding, altering, or amending existing Federal veterans' hiring preferences or Federal hiring authorities; or

"(2) to authorize the appropriation of additional amounts to carry out this Act."

Port of Entry Partnership Pilot Program

Pub. L. 113–76, div. F, title V, §559, Jan. 17, 2014, 128 Stat. 279, as amended by Pub. L. 114–4, title V, §552(a), Mar. 4, 2015, 129 Stat. 71; Pub. L. 114–113, div. F, title V, §550, Dec. 18, 2015, 129 Stat. 2519, which established a pilot program to permit U.S. Customs and Border Protection to enter into partnerships with private sector and government entities at ports of entry for certain services and to accept certain donations, was repealed by Pub. L. 114–279, §4(b), Dec. 16, 2016, 130 Stat. 1422.

Reducing Passenger Processing Times

Pub. L. 113–76, div. F, title V, §571, Jan. 17, 2014, 128 Stat. 287, provided that:

"(a) The Commissioner of U.S. Customs and Border Protection shall develop metrics that support a goal of reducing passenger processing times at air, land, and sea ports of entry, taking into consideration the capacity of an air or land port's physical infrastructure, airline arrival schedules, peak processing periods, and security requirements.

"(b) Not later than 240 days after the date of enactment of this Act [Jan. 17, 2014], the Commissioner of U.S. Customs and Border Protection shall develop and implement operational work plans to meet the goals of subsection (a) at United States air, land, and sea ports with the highest passenger volume and longest wait times. In developing such plans, the Commissioner of U.S. Customs and Border Protection shall consult with appropriate stakeholders, including, but not limited to, airlines and airport operators, port authorities, and importers."
6 U.S.C. § 650 (2024) — Title 6: DOMESTIC SECURITY / Chapter 1: HOMELAND SECURITY ORGANIZATION / Subchapter XVIII: CYBERSECURITY AND INFRASTRUCTURE SECURITY AGENCY / Section 650: Definitions
Definitions
Status: in_force

Except as otherwise specifically provided, in this subchapter:

(1) Agency

The term "Agency" means the Cybersecurity and Infrastructure Security Agency.

(2) Appropriate congressional committees

The term "appropriate congressional committees" means—

(A) the Committee on Homeland Security and Governmental Affairs of the Senate; and

(B) the Committee on Homeland Security of the House of Representatives.

(3) Cloud service provider

The term "cloud service provider" means an entity offering products or services related to cloud computing, as defined by the National Institute of Standards and Technology in NIST Special Publication 800–145 and any amendatory or superseding document relating thereto.

(4) Critical infrastructure information

The term "critical infrastructure information" means information not customarily in the public domain and related to the security of critical infrastructure or protected systems—

(A) actual, potential, or threatened interference with, attack on, compromise of, or incapacitation of critical infrastructure or protected systems by either physical or computer-based attack or other similar conduct (including the misuse of or unauthorized access to all types of communications and data transmission systems) that violates Federal, State, or local law, harms interstate commerce of the United States, or threatens public health or safety;

(B) the ability of any critical infrastructure or protected system to resist such interference, compromise, or incapacitation, including any planned or past assessment, projection, or estimate of the vulnerability of critical infrastructure or a protected system, including security testing, risk evaluation thereto, risk management planning, or risk audit; or

(C) any planned or past operational problem or solution regarding critical infrastructure or protected systems, including repair, recovery, reconstruction, insurance, or continuity, to the extent it is related to such interference, compromise, or incapacitation.

(5) Cyber threat indicator

The term "cyber threat indicator" means information that is necessary to describe or identify—

(A) malicious reconnaissance, including anomalous patterns of communications that appear to be transmitted for the purpose of gathering technical information related to a cybersecurity threat or security vulnerability;

(B) a method of defeating a security control or exploitation of a security vulnerability;

(C) a security vulnerability, including anomalous activity that appears to indicate the existence of a security vulnerability;

(D) a method of causing a user with legitimate access to an information system or information that is stored on, processed by, or transiting an information system to unwittingly enable the defeat of a security control or exploitation of a security vulnerability;

(E) malicious cyber command and control;

(F) the actual or potential harm caused by an incident, including a description of the information exfiltrated as a result of a particular cybersecurity threat;

(G) any other attribute of a cybersecurity threat, if disclosure of such attribute is not otherwise prohibited by law; or

(H) any combination thereof.

(6) Cybersecurity purpose

The term "cybersecurity purpose" means the purpose of protecting an information system or information that is stored on, processed by, or transiting an information system from a cybersecurity threat or security vulnerability.

(7) Cybersecurity risk

The term "cybersecurity risk"—

(A) means threats to and vulnerabilities of information or information systems and any related consequences caused by or resulting from unauthorized access, use, disclosure, degradation, disruption, modification, or destruction of such information or information systems, including such related consequences caused by an act of terrorism; and

(B) does not include any action that solely involves a violation of a consumer term of service or a consumer licensing agreement.

(8) Cybersecurity threat

(A) In general

Except as provided in subparagraph (B), the term "cybersecurity threat" means an action, not protected by the First Amendment to the Constitution of the United States, on or through an information system that may result in an unauthorized effort to adversely impact the security, availability, confidentiality, or integrity of an information system or information that is stored on, processed by, or transiting an information system.

(B) Exclusion

The term "cybersecurity threat" does not include any action that solely involves a violation of a consumer term of service or a consumer licensing agreement.

(9) Defensive measure

(A) In general

Except as provided in subparagraph (B), the term "defensive measure" means an action, device, procedure, signature, technique, or other measure applied to an information system or information that is stored on, processed by, or transiting an information system that detects, prevents, or mitigates a known or suspected cybersecurity threat or security vulnerability.

(B) Exclusion

The term "defensive measure" does not include a measure that destroys, renders unusable, provides unauthorized access to, or substantially harms an information system or information stored on, processed by, or transiting such information system not owned by—

(i) the private entity, as defined in section 1501 of this title, operating the measure; or

(ii) another entity or Federal entity that is authorized to provide consent and has provided consent to that private entity for operation of such measure.

(10) Director

The term "Director" means the Director of the Cybersecurity and Infrastructure Security Agency.

(11) Homeland Security Enterprise

The term "Homeland Security Enterprise" means relevant governmental and nongovernmental entities involved in homeland security, including Federal, State, local, and Tribal government officials, private sector representatives, academics, and other policy experts.

(12) Incident

The term "incident" means an occurrence that actually or imminently jeopardizes, without lawful authority, the integrity, confidentiality, or availability of information on an information system, or actually or imminently jeopardizes, without lawful authority, an information system.

(13) Information Sharing and Analysis Organization

The term "Information Sharing and Analysis Organization" means any formal or informal entity or collaboration created or employed by public or private sector organizations, for purposes of—

(A) gathering and analyzing critical infrastructure information, including information related to cybersecurity risks and incidents, in order to better understand security problems and interdependencies related to critical infrastructure, including cybersecurity risks and incidents, and protected systems, so as to ensure the availability, integrity, and reliability thereof;

(B) communicating or disclosing critical infrastructure information, including cybersecurity risks and incidents, to help prevent, detect, mitigate, or recover from the effects of an interference, a compromise, or an incapacitation problem related to critical infrastructure, including cybersecurity risks and incidents, or protected systems; and

(C) voluntarily disseminating critical infrastructure information, including cybersecurity risks and incidents, to its members, State, local, and Federal Governments, or any other entities that may be of assistance in carrying out the purposes specified in subparagraphs (A) and (B).

(14) Information system

The term "information system"—

(A) has the meaning given the term in section 3502 of title 44; and

(B) includes industrial control systems, such as supervisory control and data acquisition systems, distributed control systems, and programmable logic controllers.

(15) Intelligence community

The term "intelligence community" has the meaning given the term in section 3003(4) of title 50.

(16) Malicious cyber command and control

The term "malicious cyber command and control" means a method for unauthorized remote identification of, access to, or use of, an information system or information that is stored on, processed by, or transiting an information system.

(17) Malicious reconnaissance

The term "malicious reconnaissance" 1 a method for actively probing or passively monitoring an information system for the purpose of discerning security vulnerabilities of the information system, if such method is associated with a known or suspected cybersecurity threat.

(18) Managed service provider

The term "managed service provider" means an entity that delivers services, such as network, application, infrastructure, or security services, via ongoing and regular support and active administration on the premises of a customer, in the data center of the entity (such as hosting), or in a third party data center.

(19) Monitor

The term "monitor" means to acquire, identify, or scan, or to possess, information that is stored on, processed by, or transiting an information system.

(20) National cybersecurity asset response activities

The term "national cybersecurity asset response activities" means—

(A) furnishing cybersecurity technical assistance to entities affected by cybersecurity risks to protect assets, mitigate vulnerabilities, and reduce impacts of cyber incidents;

(B) identifying other entities that may be at risk of an incident and assessing risk to the same or similar vulnerabilities;

(C) assessing potential cybersecurity risks to a sector or region, including potential cascading effects, and developing courses of action to mitigate such risks;

(D) facilitating information sharing and operational coordination with threat response; and

(E) providing guidance on how best to utilize Federal resources and capabilities in a timely, effective manner to speed recovery from cybersecurity risks.

(21) National security system

The term "national security system" has the meaning given the term in section 11103 of title 40.

(22) Ransomware attack

The term "ransomware attack"—

(A) means an incident that includes the use or threat of use of unauthorized or malicious code on an information system, or the use or threat of use of another digital mechanism such as a denial of service attack, to interrupt or disrupt the operations of an information system or compromise the confidentiality, availability, or integrity of electronic data stored on, processed by, or transiting an information system to extort a demand for a ransom payment; and

(B) does not include any such event in which the demand for payment is—

(i) not genuine; or

(ii) made in good faith by an entity in response to a specific request by the owner or operator of the information system.

(23) Sector Risk Management Agency

The term "Sector Risk Management Agency" means a Federal department or agency, designated by law or Presidential directive, with responsibility for providing institutional knowledge and specialized expertise of a sector, as well as leading, facilitating, or supporting programs and associated activities of its designated critical infrastructure sector in the all hazards environment in coordination with the Department.

(24) Security control

The term "security control" means the management, operational, and technical controls used to protect against an unauthorized effort to adversely affect the confidentiality, integrity, and availability of an information system or its information.

(25) Security vulnerability

The term "security vulnerability" means any attribute of hardware, software, process, or procedure that could enable or facilitate the defeat of a security control.

(26) Sharing

The term "sharing" (including all conjugations thereof) means providing, receiving, and disseminating (including all conjugations of each such terms).

(27) SLTT entity

The term "SLTT entity" means a domestic government entity that is a State government, local government, Tribal government, territorial government, or any subdivision thereof.

(28) Supply chain compromise

The term "supply chain compromise" means an incident within the supply chain of an information system that an adversary can leverage, or does leverage, to jeopardize the confidentiality, integrity, or availability of the information system or the information the system processes, stores, or transmits, and can occur at any point during the life cycle.

(Pub. L. 107–296, title XXII, §2200, as added Pub. L. 117–263, div. G, title LXXI, §7143(b)(1), Dec. 23, 2022, 136 Stat. 3654.)

Statutory Notes and Related Subsidiaries

Rule of Construction

Pub. L. 117–263, div. G, title LXXI, §7143(f), Dec. 23, 2022, 136 Stat. 3664, provided that:

"(1) Interpretation of technical corrections.—Nothing in the amendments made by subsections (a) through (d) [enacting this section and amending sections 195f, 321l, 464, 571, 624, 651 to 652a, 655, 656, 659 to 663, 665, 665b, 665d, 665g, 665i, 671, 681, 1501, 1521, and 1524 of this title, sections 278g–3a and 648 of Title 15, Commerce and Trade, section 824s–1 of Title 16, Conservation, sections 300hh–10 and 18723 of Title 42, The Public Health and Welfare, section 70101 of Title 46, Shipping, and sections 3049a and 3371a of Title 50, War and National Defense] shall be construed to alter the authorities, responsibilities, functions, or activities of any agency (as such term is defined in section 3502 of title 44, United States Code) or officer or employee of the United States on or before the date of enactment of this Act [Dec. 23, 2022].

"(2) Interpretation of references to definitions.—Any reference to a term defined in the Homeland Security Act of 2002 (6 U.S.C. 101 et seq.) on the day before the date of enactment of this Act that is defined in section 2200 of that Act [6 U.S.C. 650] pursuant to the amendments made under this Act [Pub. L. 117–263, see Tables for classification] shall be deemed to be a reference to that term as defined in section 2200 of the Homeland Security Act of 2002, as added by this Act."

1 So in original. Probably should be followed by "means".
6 U.S.C. § 101 (2024) — Title 6: DOMESTIC SECURITY / Chapter 1: HOMELAND SECURITY ORGANIZATION / Section 101: Definitions
Definitions
Status: in_force

In this chapter, the following definitions apply:

(1) Each of the terms "American homeland" and "homeland" means the United States.

(2) The term "appropriate congressional committee" means any committee of the House of Representatives or the Senate having legislative or oversight jurisdiction under the Rules of the House of Representatives or the Senate, respectively, over the matter concerned.

(3) The term "assets" includes contracts, facilities, property, records, unobligated or unexpended balances of appropriations, and other funds or resources (other than personnel).

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

(5) The term "Department" means the Department of Homeland Security.

(6) The term "emergency response providers" includes Federal, State, and local governmental and nongovernmental emergency public safety, fire, law enforcement, emergency response, emergency medical (including hospital emergency facilities), and related personnel, agencies, and authorities.

(7) The term "EMP" means an electromagnetic pulse caused by a nuclear device or nonnuclear device, including such a pulse caused by an act of terrorism.

(8) The term "executive agency" means an executive agency and a military department, as defined, respectively, in sections 105 and 102 of title 5.

(9) The term "functions" includes authorities, powers, rights, privileges, immunities, programs, projects, activities, duties, and responsibilities.

(10) The term "GMD" means a geomagnetic disturbance caused by a solar storm or another naturally occurring phenomenon.

(11) The term "intelligence component of the Department" means any element or entity of the Department that collects, gathers, processes, analyzes, produces, or disseminates intelligence information within the scope of the information sharing environment, including homeland security information, terrorism information, and weapons of mass destruction information, or national intelligence, as defined under section 3003(5) of title 50, except—

(A) the United States Secret Service; and

(B) the Coast Guard, when operating under the direct authority of the Secretary of Defense or Secretary of the Navy pursuant to section 3 1 of title 14, except that nothing in this paragraph shall affect or diminish the authority and responsibilities of the Commandant of the Coast Guard to command or control the Coast Guard as an armed force or the authority of the Director of National Intelligence with respect to the Coast Guard as an element of the intelligence community (as defined under section 3003(4) of title 50.2

(12) The term "key resources" means publicly or privately controlled resources essential to the minimal operations of the economy and government.

(13) The term "local government" means—

(A) a county, municipality, city, town, township, local public authority, school district, special district, intrastate district, council of governments (regardless of whether the council of governments is incorporated as a nonprofit corporation under State law), regional or interstate government entity, or agency or instrumentality of a local government;

(B) an Indian tribe or authorized tribal organization, or in Alaska a Native village or Alaska Regional Native Corporation; and

(C) a rural community, unincorporated town or village, or other public entity.

(14) The term "major disaster" has the meaning given in section 5122(2) of title 42.

(15) The term "personnel" means officers and employees.

(16) The term "Secretary" means the Secretary of Homeland Security.

(17) The term "State" means any State of the United States, the District of Columbia, the Commonwealth of Puerto Rico, the Virgin Islands, Guam, American Samoa, the Commonwealth of the Northern Mariana Islands, and any possession of the United States.

(18) The term "terrorism" means any activity that—

(A) involves an act that—

(i) is dangerous to human life or potentially destructive of critical infrastructure or key resources; and

(ii) is a violation of the criminal laws of the United States or of any State or other subdivision of the United States; and

(B) appears to be intended—

(i) to intimidate or coerce a civilian population;

(ii) to influence the policy of a government by intimidation or coercion; or

(iii) to affect the conduct of a government by mass destruction, assassination, or kidnapping.

(19)(A) The term "United States", when used in a geographic sense, means any State of the United States, the District of Columbia, the Commonwealth of Puerto Rico, the Virgin Islands, Guam, American Samoa, the Commonwealth of the Northern Mariana Islands, any possession of the United States, and any waters within the jurisdiction of the United States.

(B) Nothing in this paragraph or any other provision of this chapter shall be construed to modify the definition of "United States" for the purposes of the Immigration and Nationality Act [8 U.S.C. 1101 et seq.] or any other immigration or nationality law.

(20) The term "voluntary preparedness standards" means a common set of criteria for preparedness, disaster management, emergency management, and business continuity programs, such as the American National Standards Institute's National Fire Protection Association Standard on Disaster/Emergency Management and Business Continuity Programs (ANSI/NFPA 1600).

(Pub. L. 107–296, §2, Nov. 25, 2002, 116 Stat. 2140; Pub. L. 109–295, title VI, §612(d), Oct. 4, 2006, 120 Stat. 1410; Pub. L. 109–347, title VI, §613, Oct. 13, 2006, 120 Stat. 1943; Pub. L. 110–53, title V, §502(a), title IX, §901(d), Aug. 3, 2007, 121 Stat. 310, 371; Pub. L. 114–328, div. A, title XIX, §1913(a)(1), Dec. 23, 2016, 130 Stat. 2684.)

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 below and Tables.

Section 3 of title 14, referred to in par. (11)(B), was redesignated section 103 of title 14 by Pub. L. 115–282, title I, §103(b), Dec. 4, 2018, 132 Stat. 4195, and references to section 3 of title 14 deemed to refer to such redesignated section, see section 123(b)(1) of Pub. L. 115–282, set out as a References to Sections of Title 14 as Redesignated by Pub. L. 115–282 note preceding section 101 of Title 14, Coast Guard.

The Immigration and Nationality Act, referred to in par. (19)(B), is act June 27, 1952, ch. 477, 66 Stat. 163, as amended, which is classified principally to chapter 12 (§1101 et seq.) of Title 8, Aliens and Nationality. For complete classification of this Act to the Code, see Short Title note set out under section 1101 of Title 8 and Tables.

Amendments

2016—Pars. (7) to (20). Pub. L. 114–328 added par. (7), redesignated former pars. (7) and (8) as (8) and (9), respectively, added par. (10), and redesignated former pars. (9) to (18) as (11) to (20), respectively.

2007—Pars. (9) to (17). Pub. L. 110–53, §502(a), added par. (9) and redesignated former pars. (9) to (16) as (10) to (17), respectively.

Par. (18). Pub. L. 110–53, §901(d), added par. (18).

2006—Par. (6). Pub. L. 109–347 inserted "governmental and nongovernmental" after "local".

Pub. L. 109–295 inserted "fire," after "safety,".

Statutory Notes and Related Subsidiaries

Effective Date

Pub. L. 107–296, §4, Nov. 25, 2002, 116 Stat. 2142, provided that: "This Act [see Tables for classification] shall take effect 60 days after the date of enactment [Nov. 25, 2002]."

Short Title of 2024 Amendment

Pub. L. 118–186, §1, Dec. 23, 2024, 138 Stat. 2636, provided that: "This Act [amending section 182 of this title and enacting provisions set out as notes under section 182 of this title] may be cited as the 'Detection Equipment and Technology Evaluation to Counter the Threat of Fentanyl and Xylazine Act of 2024' or the 'DETECT Fentanyl and Xylazine Act of 2024'."

Pub. L. 118–165, §1, Dec. 23, 2024, 138 Stat. 2581, provided that: "This Act [amending section 609 of this title] may be cited as the 'First Responder Access to Innovative Technologies Act'."

Pub. L. 118–103, §1, Oct. 1, 2024, 138 Stat. 1584, provided that: "This Act [amending section 348 of this title and enacting provisions set out as a note under section 348 of this title] may be cited as the 'DHS Joint Task Forces Reauthorization Act of 2024'."

Pub. L. 118–96, §1, Oct. 1, 2024, 138 Stat. 1569, provided that: "This Act [enacting section 258 of this title, amending sections 252 and 253 of this title, and enacting provisions set out as notes under sections 252 and 258 of this title] may be cited as the 'IMPACTT Human Trafficking Act'."

Pub. L. 118–43, §1, Mar. 18, 2024, 138 Stat. 453, provided that: "This Act [enacting section 226 of this title] may be cited as the 'Eradicating Narcotic Drugs and Formulating Effective New Tools to Address National Yearly Losses of life Act' or the 'END FENTANYL Act'."

Short Title of 2022 Amendment

Pub. L. 117–322, §1, Dec. 27, 2022, 136 Stat. 4433, provided that: "This Act [enacting sections 242a and 242b of this title and provisions set out as notes under sections 242 and 242a of this title] may be cited as the 'Countering Human Trafficking Act of 2021'."

Pub. L. 117–263, div. G, title LXXI, §7105(a), Dec. 23, 2022, 136 Stat. 3622, provided that: "This section [enacting section 475 of this title] may be cited as the 'Transnational Criminal Investigative Unit Stipend Act'."

Pub. L. 117–263, div. G, title LXXI, §7111(a), Dec. 23, 2022, 136 Stat. 3625, provided that: "This section [amending section 348 of this title] may be cited as the 'DHS Joint Task Forces Reauthorization Act of 2022'."

Pub. L. 117–248, §1, Dec. 20, 2022, 136 Stat. 2348, provided that: "This Act [enacting section 323 of this title] may be cited as the 'Protecting Firefighters from Adverse Substances Act' or the 'PFAS Act'."

Pub. L. 117–150, §1, June 21, 2022, 136 Stat. 1295, provided that: "This Act [amending sections 651 and 659 of this title] may be cited as the 'State and Local Government Cybersecurity Act of 2021'."

Pub. L. 117–130, §1, June 6, 2022, 136 Stat. 1229, provided that: "This Act [amending sections 112 and 313 of this title] may be cited as the 'Homeland Security for Children Act'."

Pub. L. 117–103, div. Y, §101, Mar. 15, 2022, 136 Stat. 1038, provided that: "This division [enacting part D of subchapter XVIII of this chapter and section 665j of this title, amending section 659 of this title, and enacting provisions set out as notes under sections 652 and 665j of this title] may be cited as the 'Cyber Incident Reporting for Critical Infrastructure Act of 2022'."

Short Title of 2021 Amendment

Pub. L. 117–58, div. G, title VI, §70601, Nov. 15, 2021, 135 Stat. 1267, provided that: "This subtitle [subtitle A (§§70601, 70602) of title VI of div. G of Pub. L. 117–58, enacting part C of subchapter XVIII of this chapter] may be cited as the 'Cyber Response and Recovery Act'."

Pub. L. 117–58, div. G, title VI, §70611, Nov. 15, 2021, 135 Stat. 1272, provided that: "This subtitle [subtitle B (§§70611, 70612) of title VI of div. G of Pub. L. 117–58, enacting section 665g of this title] may be cited as the 'State and Local Cybersecurity Improvement Act'."

Short Title of 2020 Amendment

Pub. L. 116–260, div. U, title III, §301, Dec. 27, 2020, 134 Stat. 2291, provided that: "This title [enacting section 216 of this title] may be cited as the 'Synthetic Opioid Exposure Prevention and Training Act'."

Pub. L. 116–260, div. U, title VI, §601, Dec. 27, 2020, 134 Stat. 2294, provided that: "This title [enacting section 124m–1 of this title and provisions set out as a note under section 124m–1 of this title] may be cited as the 'Counter Threats Advisory Board Act of 2019'."

Pub. L. 116–260, div. U, title VII, §701(a), Dec. 27, 2020, 134 Stat. 2295, provided that: "This title [enacting section 195g of this title] may be cited as the 'DHS Countering Unmanned Aircraft Systems Coordinator Act'."

Pub. L. 116–260, div. U, title IX, §901, Dec. 27, 2020, 134 Stat. 2297, provided that: "This title [enacting section 665 of this title, amending sections 609 and 652 of this title, and enacting provisions set out as notes under section 665 of this title] may be cited as the 'DOTGOV Online Trust in Government Act of 2020' or the 'DOTGOV Act of 2020'."

Pub. L. 116–116, §1, Mar. 2, 2020, 134 Stat. 110, provided that: "This Act [amending section 124h of this title and enacting provisions set out as a note under section 121 of this title] may be cited as the 'DHS Field Engagement Accountability Act'."

Pub. L. 116–108, §1, Jan. 24, 2020, 133 Stat. 3294, provided that: "This Act [enacting section 609a of this title and amending section 603 of this title] may be cited as the 'Securing American Nonprofit Organizations Against Terrorism Act of 2019'."

Short Title of 2019 Amendment

Pub. L. 116–94, div. L, §101, Dec. 20, 2019, 133 Stat. 3089, provided that: "This division [amending section 659 of this title] may be cited as the 'DHS Cyber Hunt and Incident Response Teams Act of 2019'."

Pub. L. 116–2, §1, Jan. 18, 2019, 133 Stat. 5, provided that: "This Act [amending provisions set out as a note under section 621 of this title] may be cited as the 'Chemical Facility Anti-Terrorism Standards Program Extension Act'."

Short Title of 2018 Amendment

Pub. L. 115–387, §1, Dec. 21, 2018, 132 Stat. 5162, provided that: "This Act [enacting sections 350, 590, 591, 591g, 591h, 596b, and 597 of this title, amending sections 113, 195b, 195c, 315, 321q, 592, 593, 594, 596, and 596a of this title, repealing sections 321e, 591, and 595 of this title, and enacting provisions set out as notes under section 591 of this title] may be cited as the 'Countering Weapons of Mass Destruction Act of 2018'."

Pub. L. 115–331, §1, Dec. 19, 2018, 132 Stat. 4484, provided that: "This Act [enacting section 126 of this title] may be cited as the 'Department of Homeland Security Data Framework Act of 2018'."

Pub. L. 115–278, §1, Nov. 16, 2018, 132 Stat. 4168, provided that: "This Act [see Tables for classification] may be cited as the 'Cybersecurity and Infrastructure Security Agency Act of 2018'."

Pub. L. 115–254, div. H, §1601, Oct. 5, 2018, 132 Stat. 3522, provided that: "This division [enacting section 124 of this title and section 104 of Title 14, Coast Guard] may be cited as the 'Preventing Emerging Threats Act of 2018'."

Pub. L. 115–125, §1, Feb. 14, 2018, 132 Stat. 315, provided that: "This Act [enacting section 242 of this title and provisions set out as a note under section 242 of this title] may be cited as the 'Department of Homeland Security Blue Campaign Authorization Act'."

Short Title of 2017 Amendment

Pub. L. 115–79, §1, Nov. 2, 2017, 131 Stat. 1258, provided that: "This Act [enacting section 218 of this title, amending section 211 of this title, enacting provisions set out as notes under section 218 of this title and section 1185 of Title 8, Aliens and Nationality, and repealing provisions set out as a note under section 1185 of Title 8] may be cited as the 'Asia-Pacific Economic Cooperation Business Travel Cards Act of 2017'."

Pub. L. 115–43, §1, June 30, 2017, 131 Stat. 884, provided that: "This Act [enacting section 321q of this title] may be cited as the 'Securing our Agriculture and Food Act'."

Pub. L. 115–38, §1, June 6, 2017, 131 Stat. 855, provided that: "This Act [amending section 341 of this title] may be cited as the 'DHS Stop Asset and Vehicle Excess Act' or the 'DHS SAVE Act'."

Short Title of 2016 Amendment

Pub. L. 114–321, §1, Dec. 16, 2016, 130 Stat. 1623, provided that: "This Act [amending section 318 of this title] may be cited as the 'RESPONSE Act of 2016'."

Pub. L. 114–304, §1, Dec. 16, 2016, 130 Stat. 1519, provided that: "This Act [amending section 195c of this title and section 8606 of Title 22, Foreign Relations and Intercourse] may be cited as the 'United States-Israel Advanced Research Partnership Act of 2016'."

Pub. L. 114–285, §1, Dec. 16, 2016, 130 Stat. 1453, provided that: "This Act [amending section 464 of this title] may be cited as the 'Federal Law Enforcement Training Centers Reform and Improvement Act of 2015'."

Pub. L. 114–279, §1, Dec. 16, 2016, 130 Stat. 1413, provided that: "This Act [enacting part G of subchapter IV of this chapter, amending section 221 of this title and section 4451 of Title 19, Customs Duties, and repealing provisions set out as a note under section 211 of this title] may be cited as the 'Cross-Border Trade Enhancement Act of 2016'."

Pub. L. 114–143, §1, Apr. 11, 2016, 130 Stat. 327, provided that: "This Act [enacting section 321o of this title and provisions set out as a note under section 321o of this title] may be cited as the 'Integrated Public Alert and Warning System Modernization Act of 2015'."

Short Title of 2015 Amendment

Pub. L. 114–113, div. N, title II, §201, Dec. 18, 2015, 129 Stat. 2956, provided that: "This subtitle [subtitle A (§§201–211) of title II of div. N of Pub. L. 114–113, amending sections 131, 148, and 149 of this title and enacting provisions set out as notes under section 131 of this title] may be cited as the 'National Cybersecurity Protection Advancement Act of 2015'."

Pub. L. 114–80, §1, Nov. 5, 2015, 129 Stat. 646, provided that: "This Act [enacting section 195d of this title] may be cited as the 'DHS Social Media Improvement Act of 2015'."

Pub. L. 114–22, title III, §301, May 29, 2015, 129 Stat. 251, provided that: "This title [enacting section 473 of this title and section 2421 of Title 18, Crimes and Criminal Procedure, amending section 187 of this title, repealing former section 2421 of Title 18, and enacting provisions set out as a note under section 473 of this title] may be cited as the 'Human Exploitation Rescue Operations Act of 2015' or the 'HERO Act of 2015'."

Short Title of 2014 Amendment

Pub. L. 113–284, §1, Dec. 18, 2014, 128 Stat. 3089, provided that: "This Act [amending sections 468 and 612 of this title, enacting provisions set out as a note under section 612 of this title, and amending provisions set out as a note under section 70101 of Title 46, Shipping] may be cited as the 'DHS OIG Mandates Revision Act of 2014'."

Pub. L. 113–282, §1, Dec. 18, 2014, 128 Stat. 3066, provided that: "This Act [enacting sections 148 to 150 of this title and provisions set out as notes under sections 148 and 149 of this title and formerly set out as a note under section 3543 of Title 44, Public Printing and Documents] may be cited as the 'National Cybersecurity Protection Act of 2014'."

Pub. L. 113–254, §1, Dec. 18, 2014, 128 Stat. 2898, provided that: "This Act [enacting subchapter XVI of this chapter and enacting and repealing provisions set out as notes under section 121 of this title] may be cited as the 'Protecting and Securing Chemical Facilities from Terrorist Attacks Act of 2014'."

Pub. L. 113–246, §1, Dec. 18, 2014, 128 Stat. 2880, provided that: "This Act [enacting section 146 of this title and provisions set out as a note under section 146 of this title] may be cited as the 'Cybersecurity Workforce Assessment Act'."

Pub. L. 113–245, §1, Dec. 18, 2014, 128 Stat. 2871, provided that: "This Act [enacting subchapter XII–A of this chapter and provisions set out as notes under section 561 of this title] may be cited as the 'Transportation Security Acquisition Reform Act'."

Short Title of 2013 Amendment

Pub. L. 112–265, §1, Jan. 14, 2013, 126 Stat. 2435, provided that: "This Act [amending section 455 of this title and section 530C of Title 28, Judiciary and Judicial Procedure] may be cited as the 'Investigative Assistance for Violent Crimes Act of 2012'."

Short Title of 2012 Amendment

Pub. L. 112–205, §1, Dec. 7, 2012, 126 Stat. 1487, provided that: "This Act [enacting section 240 of this title and provisions set out as a note under section 240 of this title] may be cited as the 'Jaime Zapata Border Enforcement Security Task Force Act'."

Short Title of 2011 Amendment

Pub. L. 111–376, §1, Jan. 4, 2011, 124 Stat. 4104, provided that: "This Act [enacting section 221 of this title and provisions set out as a note under section 221 of this title] may be cited as the 'Anti-Border Corruption Act of 2010'."

Short Title of 2010 Amendment

Pub. L. 111–271, §1, Oct. 12, 2010, 124 Stat. 2852, provided that: "This Act [enacting section 613 of this title] may be cited as the 'Redundancy Elimination and Enhanced Performance for Preparedness Grants Act'."

Pub. L. 111–258, §1, Oct. 7, 2010, 124 Stat. 2648, provided that: "This Act [enacting section 124m of this title and section 435d of Title 50, War and National Defense, amending sections 121 and 124k of this title and section 403–1 of Title 50, and enacting provisions set out as notes under section 124m of this title and sections 435 and 435d of Title 50] may be cited as the 'Reducing Over-Classification Act'."

Pub. L. 111–245, §1, Sept. 30, 2010, 124 Stat. 2620, provided that: "This Act [enacting section 321n of this title, amending sections 453 and 464 of this title, and repealing section 464a of this title] may be cited as the 'First Responder Anti-Terrorism Training Resources Act'."

Pub. L. 111–140, §1, Feb. 16, 2010, 124 Stat. 31, provided that: "This Act [amending sections 592 and 596a of this title and enacting provisions set out as a note under section 592 of this title] may be cited as the 'Nuclear Forensics and Attribution Act'."

Short Title of 2008 Amendment

Pub. L. 110–412, §1, Oct. 14, 2008, 122 Stat. 4336, provided that: "This Act [amending section 609 of this title] may be cited as the 'Personnel Reimbursement for Intelligence Cooperation and Enhancement of Homeland Security Act of 2008' or the 'PRICE of Homeland Security Act'."

Short Title of 2007 Amendment

Pub. L. 110–53, §1(a), Aug. 3, 2007, 121 Stat. 266, provided that: "This Act [see Tables for classification] may be cited as the 'Implementing Recommendations of the 9/11 Commission Act of 2007'."

Short Title of 2006 Amendment

Pub. L. 109–295, title VI, §671(a), Oct. 4, 2006, 120 Stat. 1433, provided that: "This section [enacting subchapter XIII of this chapter] may be cited as the '21st Century Emergency Communications Act of 2006'."

Short Title of 2004 Amendment

Pub. L. 108–458, title VII, §7001, Dec. 17, 2004, 118 Stat. 3775, provided that: "This title [see Tables for classification] may be cited as the '9/11 Commission Implementation Act of 2004'."

Pub. L. 108–458, title VIII, §8301, Dec. 17, 2004, 118 Stat. 3867, provided that: "This subtitle [subtitle C (§§8301–8306) of title VIII of Pub. L. 108–458, amending sections 111, 142, and 345 of this title and section 8I of the Inspector General Act of 1978, Pub. L. 95–452, set out in the Appendix to Title 5, Government Organization and Employees, and enacting provisions set out as a note under section 112 of this title] may be cited as the 'Homeland Security Civil Rights and Civil Liberties Protection Act of 2004'."

Pub. L. 108–330, §1, Oct. 16, 2004, 118 Stat. 1275, provided that: "This Act [amending sections 113, 342, and 454 of this title and sections 901 and 3516 of Title 31, Money and Finance, and enacting provisions set out as notes under section 342 of this title and sections 901 and 3516 of Title 31] may be cited as 'Department of Homeland Security Financial Accountability Act'."

Short Title of 2003 Amendment

Pub. L. 108–7, div. L, Feb. 20, 2003, 117 Stat. 532, provided in part that: "This division [enacting sections 103 and 552a of this title and section 8I of the Inspector General Act of 1978, Pub. L. 95–452, set out in the Appendix to Title 5, Government Organization and Employees, amending sections 113, 162, 164, 188, 395, 453, and 551 of this title, section 8D of the Inspector General Act of 1978, sections 1103 and 1356 of Title 8, Aliens and Nationality, and section 300aa–33 of Title 42, The Public Health and Welfare, redesignating section 8I of the Inspector General Act of 1978 as section 8J, repealing section 371 of this title and former section 8J of the Inspector General Act of 1978, enacting provisions set out as notes under section 521 of this title, section 1356 of Title 8, and section 300aa–33 of Title 42, and repealing provisions set out as a note under section 300aa–33 of Title 42] may be cited as the 'Homeland Security Act Amendments of 2003'."

Short Title

Pub. L. 107–296, §1(a), Nov. 25, 2002, 116 Stat. 2135, provided that: "This Act [see Tables for classification] may be cited as the 'Homeland Security Act of 2002'."

Pub. L. 107–296, title XXII, §2221, formerly title II, §211, Nov. 25, 2002, 116 Stat. 2150; renumbered §2221, Pub. L. 115–278, §2(g)(2)(H), Nov. 16, 2018, 132 Stat. 4178, provided that: "This subtitle [subtitle B (§§2221–2225) of title XXII of Pub. L. 107–296, enacting part B of subchapter XVIII of this chapter] may be cited as the 'Critical Infrastructure Information Act of 2002'."

Pub. L. 107–296, title VIII, §861, Nov. 25, 2002, 116 Stat. 2238, provided that: "This subtitle [subtitle G (§§861–865) of title VIII of Pub. L. 107–296, enacting part G of subchapter VIII of this chapter] may be cited as the 'Support Anti-terrorism by Fostering Effective Technologies Act of 2002' or the 'SAFETY Act'."

For short title of part I of subchapter VIII of this chapter as the "Homeland Security Information Sharing Act", see section 481(a) of this title.

Pub. L. 107–296, title X, §1001(a), Nov. 25, 2002, 116 Stat. 2259, provided that: "This title [enacting subchapter X of this chapter and sections 3531 to 3537 and 3538 of Title 44, Public Printing and Documents, amending section 2224 of Title 10, Armed Forces, sections 278g–3 and 278g–4 of Title 15, Commerce and Trade, section 11331 of Title 40, Public Buildings, Property, and Works, and sections 3504 to 3506 of Title 44, and repealing section 11332 of Title 40 and provisions set out as notes under section 3531 of Title 44] may be cited as the 'Federal Information Security Management Act of 2002'."

[For another Federal Information Security Management Act of 2002, see section 301(a) of Pub. L. 107–347, title III, Dec. 17, 2002, 116 Stat. 2946, set out as a note under section 101 of Title 44, Public Printing and Documents.]

Prohibition on Regulatory Authority

Pub. L. 114–328, div. A, title XIX, §1913(e), Dec. 23, 2016, 130 Stat. 2687, provided that: "Nothing in this section [enacting sections 195f and 321p of this title, amending this section, sections 121 and 311 of this title, and section 712 of Title 14, Coast Guard, and enacting provisions set out as a note under section 121 of this title], including the amendments made by this section, shall be construed to grant any regulatory authority."

National Commission on Terrorist Attacks Upon the United States

Pub. L. 107–306, title VI, Nov. 27, 2002, 116 Stat. 2408, as amended by Pub. L. 108–207, §1, Mar. 16, 2004, 118 Stat. 556; Pub. L. 117–286, §4(a)(11), Dec. 27, 2022, 136 Stat. 4306, provided that:

"SEC. 601. ESTABLISHMENT OF COMMISSION.

"There is established in the legislative branch the National Commission on Terrorist Attacks Upon the United States (in this title referred to as the 'Commission').

"SEC. 602. PURPOSES.

"The purposes of the Commission are to—

"(1) examine and report upon the facts and causes relating to the terrorist attacks of September 11, 2001, occurring at the World Trade Center in New York, New York, in Somerset County, Pennsylvania, and at the Pentagon in Virginia;

"(2) ascertain, evaluate, and report on the evidence developed by all relevant governmental agencies regarding the facts and circumstances surrounding the attacks;

"(3) build upon the investigations of other entities, and avoid unnecessary duplication, by reviewing the findings, conclusions, and recommendations of—

"(A) the Joint Inquiry of the Select Committee on Intelligence of the Senate and the Permanent Select Committee on Intelligence of the House of Representatives regarding the terrorist attacks of September 11, 2001, (hereinafter in this title referred to as the 'Joint Inquiry'); and

"(B) other executive branch, congressional, or independent commission investigations into the terrorist attacks of September 11, 2001, other terrorist attacks, and terrorism generally;

"(4) make a full and complete accounting of the circumstances surrounding the attacks, and the extent of the United States' preparedness for, and immediate response to, the attacks; and

"(5) investigate and report to the President and Congress on its findings, conclusions, and recommendations for corrective measures that can be taken to prevent acts of terrorism.

"SEC. 603. COMPOSITION OF COMMISSION.

"(a) Members.—The Commission shall be composed of 10 members, of whom—

"(1) 1 member shall be appointed by the President, who shall serve as chairman of the Commission;

"(2) 1 member shall be appointed by the leader of the Senate (majority or minority leader, as the case may be) of the Democratic Party, in consultation with the leader of the House of Representatives (majority or minority leader, as the case may be) of the Democratic Party, who shall serve as vice chairman of the Commission;

"(3) 2 members shall be appointed by the senior member of the Senate leadership of the Democratic Party;

"(4) 2 members shall be appointed by the senior member of the leadership of the House of Representatives of the Republican Party;

"(5) 2 members shall be appointed by the senior member of the Senate leadership of the Republican Party; and

"(6) 2 members shall be appointed by the senior member of the leadership of the House of Representatives of the Democratic Party.

"(b) Qualifications; Initial Meeting.—

"(1) Political party affiliation.—Not more than 5 members of the Commission shall be from the same political party.

"(2) Nongovernmental appointees.—An individual appointed to the Commission may not be an officer or employee of the Federal Government or any State or local government.

"(3) Other qualifications.—It is the sense of Congress that individuals appointed to the Commission should be prominent United States citizens, with national recognition and significant depth of experience in such professions as governmental service, law enforcement, the armed services, law, public administration, intelligence gathering, commerce (including aviation matters), and foreign affairs.

"(4) Deadline for appointment.—All members of the Commission shall be appointed on or before December 15, 2002.

"(5) Initial meeting.—The Commission shall meet and begin the operations of the Commission as soon as practicable.

"(c) Quorum; Vacancies.—After its initial meeting, the Commission shall meet upon the call of the chairman or a majority of its members. Six members of the Commission shall constitute a quorum. Any vacancy in the Commission shall not affect its powers, but shall be filled in the same manner in which the original appointment was made.

"SEC. 604. FUNCTIONS OF COMMISSION.

"(a) In General.—The functions of the Commission are to—

"(1) conduct an investigation that—

"(A) investigates relevant facts and circumstances relating to the terrorist attacks of September 11, 2001, including any relevant legislation, Executive order, regulation, plan, policy, practice, or procedure; and

"(B) may include relevant facts and circumstances relating to—

"(i) intelligence agencies;

"(ii) law enforcement agencies;

"(iii) diplomacy;

"(iv) immigration, nonimmigrant visas, and border control;

"(v) the flow of assets to terrorist organizations;

"(vi) commercial aviation;

"(vii) the role of congressional oversight and resource allocation; and

"(viii) other areas of the public and private sectors determined relevant by the Commission for its inquiry;

"(2) identify, review, and evaluate the lessons learned from the terrorist attacks of September 11, 2001, regarding the structure, coordination, management policies, and procedures of the Federal Government, and, if appropriate, State and local governments and nongovernmental entities, relative to detecting, preventing, and responding to such terrorist attacks; and

"(3) submit to the President and Congress such reports as are required by this title containing such findings, conclusions, and recommendations as the Commission shall determine, including proposing organization, coordination, planning, management arrangements, procedures, rules, and regulations.

"(b) Relationship to Intelligence Committees' Inquiry.—When investigating facts and circumstances relating to the intelligence community, the Commission shall—

"(1) first review the information compiled by, and the findings, conclusions, and recommendations of, the Joint Inquiry; and

"(2) after that review pursue any appropriate area of inquiry if the Commission determines that—

"(A) the Joint Inquiry had not investigated that area;

"(B) the Joint Inquiry's investigation of that area had not been complete; or

"(C) new information not reviewed by the Joint Inquiry had become available with respect to that area.

"SEC. 605. POWERS OF COMMISSION.

"(a) In General.—

"(1) Hearings and evidence.—The Commission or, on the authority of the Commission, any subcommittee or member thereof, may, for the purpose of carrying out this title—

"(A) hold such hearings and sit and act at such times and places, take such testimony, receive such evidence, administer such oaths; and

"(B) subject to paragraph (2)(A), require, by subpoena or otherwise, the attendance and testimony of such witnesses and the production of such books, records, correspondence, memoranda, papers, and documents, as the Commission or such designated subcommittee or designated member may determine advisable.

"(2) Subpoenas.—

"(A) Issuance.—

"(i) In general.—A subpoena may be issued under this subsection only—

     "(I) by the agreement of the chairman and the vice chairman; or

     "(II) by the affirmative vote of 6 members of the Commission.

"(ii) Signature.—Subject to clause (i), subpoenas issued under this subsection may be issued under the signature of the chairman or any member designated by a majority of the Commission, and may be served by any person designated by the chairman or by a member designated by a majority of the Commission.

"(B) Enforcement.—

"(i) In general.—In the case of contumacy or failure to obey a subpoena issued under subsection (a), the United States district court for the judicial district in which the subpoenaed person resides, is served, or may be found, or where the subpoena is returnable, may issue an order requiring such person to appear at any designated place to testify or to produce documentary or other evidence. Any failure to obey the order of the court may be punished by the court as a contempt of that court.

"(ii) Additional enforcement.—In the case of any failure of any witness to comply with any subpoena or to testify when summoned under authority of this section, the Commission may, by majority vote, certify a statement of fact constituting such failure to the appropriate United States attorney, who may bring the matter before the grand jury for its action, under the same statutory authority and procedures as if the United States attorney had received a certification under sections 102 through 104 of the Revised Statutes of the United States (2 U.S.C. 192 through 194).

"(b) Contracting.—The Commission may, to such extent and in such amounts as are provided in appropriation Acts, enter into contracts to enable the Commission to discharge its duties under this title.

"(c) Information From Federal Agencies.—

"(1) In general.—The Commission is authorized to secure directly from any executive department, bureau, agency, board, commission, office, independent establishment, or instrumentality of the Government, information, suggestions, estimates, and statistics for the purposes of this title. Each department, bureau, agency, board, commission, office, independent establishment, or instrumentality shall, to the extent authorized by law, furnish such information, suggestions, estimates, and statistics directly to the Commission, upon request made by the chairman, the chairman of any subcommittee created by a majority of the Commission, or any member designated by a majority of the Commission.

"(2) Receipt, handling, storage, and dissemination.—Information shall only be received, handled, stored, and disseminated by members of the Commission and its staff consistent with all applicable statutes, regulations, and Executive orders.

"(d) Assistance From Federal Agencies.—

"(1) General services administration.—The Administrator of General Services shall provide to the Commission on a reimbursable basis administrative support and other services for the performance of the Commission's functions.

"(2) Other departments and agencies.—In addition to the assistance prescribed in paragraph (1), departments and agencies of the United States may provide to the Commission such services, funds, facilities, staff, and other support services as they may determine advisable and as may be authorized by law.

"(e) Gifts.—The Commission may accept, use, and dispose of gifts or donations of services or property.

"(f) Postal Services.—The Commission may use the United States mails in the same manner and under the same conditions as departments and agencies of the United States.

"SEC. 606. NONAPPLICABILITY OF CHAPTER 10 OF TITLE 5, UNITED STATES CODE.

"(a) In General.—Chapter 10 of title 5, United States Code, shall not apply to the Commission.

"(b) Public Meetings and Release of Public Versions of Reports.—The Commission shall—

"(1) hold public hearings and meetings to the extent appropriate; and

"(2) release public versions of the reports required under section 610(a) and (b).

"(c) Public Hearings.—Any public hearings of the Commission shall be conducted in a manner consistent with the protection of information provided to or developed for or by the Commission as required by any applicable statute, regulation, or Executive order.

"SEC. 607. STAFF OF COMMISSION.

"(a) In General.—

"(1) Appointment and compensation.—The chairman, in consultation with vice chairman, in accordance with rules agreed upon by the Commission, may appoint and fix the compensation of a staff director and such other personnel as may be necessary to enable the Commission to carry out its functions, without regard to the provisions of title 5, United States Code, governing appointments in the competitive service, and without regard to the provisions of chapter 51 and subchapter III of chapter 53 of such title relating to classification and General Schedule pay rates, except that no rate of pay fixed under this subsection may exceed the equivalent of that payable for a position at level V of the Executive Schedule under section 5316 of title 5, United States Code.

"(2) Personnel as federal employees.—

"(A) In general.—The executive director and any personnel of the Commission who are employees shall be employees under section 2105 of title 5, United States Code, for purposes of chapters 63, 81, 83, 84, 85, 87, 89, and 90 of that title.

"(B) Members of commission.—Subparagraph (A) shall not be construed to apply to members of the Commission.

"(b) Detailees.—Any Federal Government employee may be detailed to the Commission without reimbursement from the Commission, and such detailee shall retain the rights, status, and privileges of his or her regular employment without interruption.

"(c) Consultant Services.—The Commission is authorized to procure the services of experts and consultants in accordance with section 3109 of title 5, United States Code, but at rates not to exceed the daily rate paid a person occupying a position at level IV of the Executive Schedule under section 5315 of title 5, United States Code.

"SEC. 608. COMPENSATION AND TRAVEL EXPENSES.

"(a) Compensation.—Each member of the Commission may be compensated at not to exceed the daily equivalent of the annual rate of basic pay in effect for a position at level IV of the Executive Schedule under section 5315 of title 5, United States Code, for each day during which that member is engaged in the actual performance of the duties of the Commission.

"(b) Travel Expenses.—While away from their homes or regular places of business in the performance of services for the Commission, members of the Commission shall be allowed travel expenses, including per diem in lieu of subsistence, in the same manner as persons employed intermittently in the Government service are allowed expenses under section 5703(b) [5703] of title 5, United States Code.

"SEC. 609. SECURITY CLEARANCES FOR COMMISSION MEMBERS AND STAFF.

"The appropriate Federal agencies or departments shall cooperate with the Commission in expeditiously providing to the Commission members and staff appropriate security clearances to the extent possible pursuant to existing procedures and requirements, except that no person shall be provided with access to classified information under this title without the appropriate security clearances.

"SEC. 610. REPORTS OF COMMISSION; TERMINATION.

"(a) Interim Reports.—The Commission may submit to the President and Congress interim reports containing such findings, conclusions, and recommendations for corrective measures as have been agreed to by a majority of Commission members.

"(b) Final Report.—Not later than 20 months after the date of the enactment of this Act [Nov. 27, 2002], the Commission shall submit to the President and Congress a final report containing such findings, conclusions, and recommendations for corrective measures as have been agreed to by a majority of Commission members.

"(c) Termination.—

"(1) In general.—The Commission, and all the authorities of this title, shall terminate 30 days after the date on which the final report is submitted under subsection (b).

"(2) Administrative activities before termination.—The Commission may use the 30-day period referred to in paragraph (1) for the purpose of concluding its activities, including providing testimony to committees of Congress concerning its reports and disseminating the final report.

"SEC. 611. FUNDING.

"(a) Transfer From the National Foreign Intelligence Program.—Of the amounts authorized to be appropriated by this Act [see Tables for classification] and made available in public law 107–248 [see Tables for classification] (Department of Defense Appropriations Act, 2003) for the National Foreign Intelligence Program, not to exceed $3,000,000 shall be available for transfer to the Commission for purposes of the activities of the Commission under this title.

"(b) Additional Funding.—In addition to the amounts made available to the Commission under subsection (a) and under chapter 2 of title II of the Emergency Wartime Supplemental Appropriations Act, 2003 (Public Law 108–11; 117 Stat. 591), of the amounts appropriated for the programs and activities of the Federal Government for fiscal year 2004 that remain available for obligation, not more than $1,000,000 shall be available for transfer to the Commission for purposes of the activities of the Commission under this title.

"(c) Duration of Availability.—Amounts made available to the Commission under this section shall remain available until the termination of the Commission."

1 See References in Text note below.

2 So in original. A closing parenthesis probably should precede the period.
6 U.S.C. § 123 (2024) — Title 6: DOMESTIC SECURITY / Chapter 1: HOMELAND SECURITY ORGANIZATION / Subchapter II: INFORMATION ANALYSIS / Section 123: Terrorist travel program
Terrorist travel program
Status: in_force

(a) Requirement to establish

Not later than 90 days after August 3, 2007, the Secretary of Homeland Security, in consultation with the Director of the National Counterterrorism Center and consistent with the strategy developed under section 7201,1 shall establish a program to oversee the implementation of the Secretary's responsibilities with respect to terrorist travel.

(b) Head of the program

The Secretary of Homeland Security shall designate an official of the Department of Homeland Security to be responsible for carrying out the program. Such official shall be—

(1) the Assistant Secretary for Policy of the Department of Homeland Security; or

(2) an official appointed by the Secretary who reports directly to the Secretary.

(c) Duties

The official designated under subsection (b) shall assist the Secretary of Homeland Security in improving the Department's ability to prevent terrorists from entering the United States or remaining in the United States undetected by—

(1) developing relevant strategies and policies;

(2) reviewing the effectiveness of existing programs and recommending improvements, if necessary;

(3) making recommendations on budget requests and on the allocation of funding and personnel;

(4) ensuring effective coordination, with respect to policies, programs, planning, operations, and dissemination of intelligence and information related to terrorist travel—

(A) among appropriate subdivisions of the Department of Homeland Security, as determined by the Secretary and including—

(i) United States Customs and Border Protection;

(ii) United States Immigration and Customs Enforcement;

(iii) United States Citizenship and Immigration Services;

(iv) the Transportation Security Administration; and

(v) the United States Coast Guard; and

(B) between the Department of Homeland Security and other appropriate Federal agencies; and

(5) serving as the Secretary's primary point of contact with the National Counterterrorism Center for implementing initiatives related to terrorist travel and ensuring that the recommendations of the Center related to terrorist travel are carried out by the Department.

(d) Report

Not later than 180 days after August 3, 2007, the Secretary of Homeland Security shall submit to the Committee on Homeland Security and Governmental Affairs of the Senate and the Committee on Homeland Security of the House of Representatives a report on the implementation of this section.

(Pub. L. 108–458, title VII, §7215, Dec. 17, 2004, 118 Stat. 3832; Pub. L. 110–53, title VII, §722, Aug. 3, 2007, 121 Stat. 348.)

Editorial Notes

References in Text

Section 7201, referred to in subsec. (a), is section 7201 of Pub. L. 108–458, title VII, Dec. 17, 2004, 118 Stat. 3808, which enacted section 1776 of Title 8, Aliens and Nationality, and provisions set out as notes under section 1776 of Title 8 and sections 3024 and 3056 of Title 50, War and National Defense.

Codification

Section was enacted as part of the Intelligence Reform and Terrorism Prevention Act of 2004, and also as part of the 9/11 Commission Implementation Act of 2004, and not as part of the Homeland Security Act of 2002 which comprises this chapter.

Amendments

2007—Pub. L. 110–53 reenacted section catchline without change and amended text generally, substituting provisions relating to establishment of a program to oversee the implementation of the Secretary's responsibilities with respect to terrorist travel not later than 90 days after Aug. 3, 2007, and relating to the head of the program, such official's duties, and report on implementation for provisions relating to establishment of a program to oversee the implementation of the Department's responsibilities with respect to terrorist travel.

Statutory Notes and Related Subsidiaries

National Strategy To Combat Terrorist Travel

Pub. L. 114–328, div. A, title XIX, §1908, Dec. 23, 2016, 130 Stat. 2678, provided that:

"(a) Sense of Congress.—It is the sense of Congress that it should be the policy of the United States to—

"(1) continue to regularly assess the evolving terrorist threat to the United States;

"(2) catalog existing Federal Government efforts to obstruct terrorist and foreign fighter travel into, out of, and within the United States, and overseas;

"(3) identify such efforts that may benefit from reform or consolidation, or require elimination;

"(4) identify potential security vulnerabilities in United States defenses against terrorist travel; and

"(5) prioritize resources to address any such security vulnerabilities in a risk-based manner.

"(b) National Strategy and Updates.—

"(1) In general.—Not later than 180 days after the date of the enactment of this Act [Dec. 23, 2016], the President shall submit to the majority leader of the Senate, the minority leader of the Senate, the Speaker of the House of Representatives, the majority leader of the House of Representatives, the minority leader of the House of Representatives, and the appropriate congressional committees a national strategy to combat terrorist travel. The strategy shall address efforts to intercept terrorists and foreign fighters and constrain the domestic and international travel of such persons. Consistent with the protection of classified information, the strategy shall be submitted in unclassified form, including, as appropriate, a classified annex.

"(2) Updated strategies.—Not later than 180 days after the date on which a new President is inaugurated, the President shall submit to the majority leader of the Senate, the minority leader of the Senate, the Speaker of the House of Representatives, the majority leader of the House of Representatives, the minority leader of the House of Representatives, and the appropriate congressional committees an updated version of the strategy described in paragraph (1).

"(3) Contents.—The strategy and updates required under this subsection shall—

"(A) include an accounting and description of all Federal Government programs, projects, and activities designed to constrain domestic and international travel by terrorists and foreign fighters;

"(B) identify specific security vulnerabilities within the United States and outside of the United States that may be exploited by terrorists and foreign fighters;

"(C) delineate goals for—

"(i) closing the security vulnerabilities identified under subparagraph (B); and

"(ii) enhancing the ability of the Federal Government to constrain domestic and international travel by terrorists and foreign fighters; and

"(D) describe the actions that will be taken to achieve the goals delineated under subparagraph (C) and the means needed to carry out such actions, including—

"(i) steps to reform, improve, and streamline existing Federal Government efforts to align with the current threat environment;

"(ii) new programs, projects, or activities that are requested, under development, or undergoing implementation;

"(iii) new authorities or changes in existing authorities needed from Congress;

"(iv) specific budget adjustments being requested to enhance United States security in a risk-based manner; and

"(v) the Federal departments and agencies responsible for the specific actions described in this subparagraph.

"(4) Sunset.—The requirement to submit updated national strategies under this subsection shall terminate on the date that is seven years after the date of the enactment of this Act [Dec. 23, 2016].

"(c) Development of Implementation Plans.—For each national strategy required under subsection (b), the President shall direct the heads of relevant Federal agencies to develop implementation plans for each such agency.

"(d) Implementation Plans.—

"(1) In general.—The President shall submit to the majority leader of the Senate, the minority leader of the Senate, the Speaker of the House of Representatives, the majority leader of the House of Representatives, the minority leader of the House of Representatives, and the appropriate congressional committees an implementation plan developed under subsection (c) with each national strategy required under subsection (b). Consistent with the protection of classified information, each such implementation plan shall be submitted in unclassified form, but may include a classified annex.

"(2) Annual updates.—The President shall submit to the majority leader of the Senate, the minority leader of the Senate, the Speaker of the House of Representatives, the majority leader of the House of Representatives, the minority leader of the House of Representatives, and the appropriate congressional committees an annual updated implementation plan during the ten-year period beginning on the date of the enactment of this Act [Dec. 23, 2016].

"(e) Definition.—In this section, the term 'appropriate congressional committees' means—

"(1) in the House of Representatives—

"(A) the Committee on Homeland Security;

"(B) the Committee on Armed Services;

"(C) the Permanent Select Committee on Intelligence;

"(D) the Committee on the Judiciary;

"(E) the Committee on Foreign Affairs;

"(F) the Committee on Appropriations; and

"(2) in the Senate—

"(A) the Committee on Homeland Security and Governmental Affairs;

"(B) the Committee on Armed Services;

"(C) the Select Committee on Intelligence;

"(D) the Committee on the Judiciary;

"(E) the Committee on Foreign Relations; and

"(F) the Committee on Appropriations.

"(f) Special Rule for Certain Receipt.—The definition under subsection (e) shall be treated as including the Committee on Transportation and Infrastructure of the House of Representatives and the Committee on Commerce, Science, and Transportation of the Senate for purposes of receipt of those portions of—

"(1) the national strategy (including updates thereto), and

"(2) the implementation plan (including updates thereto),

required under this section that relate to maritime travel into and out of the United States."

1 See References in Text note below.
6 U.S.C. § 621 (2024) — Title 6: DOMESTIC SECURITY / Chapter 1: HOMELAND SECURITY ORGANIZATION / Subchapter XVI: CHEMICAL FACILITY ANTI-TERRORISM STANDARDS / Section 621: Omitted
Omitted
Status: omitted

Editorial Notes

Codification

The authority provided under sections 621 to 629, comprising subchapter XVI of this chapter, terminated on July 27, 2023, pursuant to section 5 of Pub. L. 113–254, set out as a note below.

Section 621, Pub. L. 107–296, title XXI, §2101, as added Pub. L. 113–254, §2(a), Dec. 18, 2014, 128 Stat. 2898, provided definitions for this subchapter.

Section 622, Pub. L. 107–296, title XXI, §2102, as added Pub. L. 113–254, §2(a), Dec. 18, 2014, 128 Stat. 2900; amended Pub. L. 115–278, §2(g)(8)(A), Nov. 16, 2018, 132 Stat. 4180, established a Chemical Facility Anti-Terrorism Standards Program within the Cybersecurity and Infrastructure Security Agency.

Section 623, Pub. L. 107–296, title XXI, §2103, as added Pub. L. 113–254, §2(a), Dec. 18, 2014, 128 Stat. 2911, related to protection and sharing of information.

Section 624, Pub. L. 107–296, title XXI, §2104, as added Pub. L. 113–254, §2(a), Dec. 18, 2014, 128 Stat. 2912; amended Pub. L. 115–278, §2(g)(8)(B), Nov. 16, 2018, 132 Stat. 4180; Pub. L. 117–263, div. G, title LXXI, §7143(c)(4), Dec. 23, 2022, 136 Stat. 3663, related to civil enforcement.

Section 625, Pub. L. 107–296, title XXI, §2105, as added Pub. L. 113–254, §2(a), Dec. 18, 2014, 128 Stat. 2914, related to whistleblower protections.

Section 626, Pub. L. 107–296, title XXI, §2106, as added Pub. L. 113–254, §2(a), Dec. 18, 2014, 128 Stat. 2915, related to relationship of provisions of this subchapter to other laws.

Section 627, Pub. L. 107–296, title XXI, §2107, as added Pub. L. 113–254, §2(a), Dec. 18, 2014, 128 Stat. 2916, related to CFATS regulations.

Section 628, Pub. L. 107–296, title XXI, §2108, as added Pub. L. 113–254, §2(a), Dec. 18, 2014, 128 Stat. 2916, related to small covered chemical facilities.

Section 629, Pub. L. 107–296, title XXI, §2109, as added Pub. L. 113–254, §2(a), Dec. 18, 2014, 128 Stat. 2916, related to outreach to chemical facilities of interest.

Statutory Notes and Related Subsidiaries

Effective and Termination Dates

Pub. L. 113–254, §4(a), Dec. 18, 2014, 128 Stat. 2918, provided that: "This Act [see Short Title of 2014 Amendment note set out under section 101 of this title], and the amendments made by this Act, shall take effect on the date that is 30 days after the date of enactment of this Act [Dec. 18, 2014]."

Pub. L. 113–254, §5, Dec. 18, 2014, 128 Stat. 2919, as amended by Pub. L. 116–2, §2, Jan. 18, 2019, 133 Stat. 5; Pub. L. 116–136, div. B, title VI, §16007, Mar. 27, 2020, 134 Stat. 546; Pub. L. 116–150, §1(a), July 22, 2020, 134 Stat. 679, provided that: "The authority provided under title XXI of the Homeland Security Act of 2002 [6 U.S.C. 621 et seq.], as added by section 2(a), shall terminate on July 27, 2023."

[Pub. L. 116–150, §1(b), July 22, 2020, 134 Stat. 679, provided that: "The amendment made by subsection (a) [amending section 5 of Pub. L. 113–254, set out above] shall take effect on the date that is 1 day after the date of enactment of this Act [July 22, 2020]."]

Executive Documents

Ex. Ord. No. 13650. Improving Chemical Facility Safety and Security

Ex. Ord. No. 13650, Aug. 1, 2013, 78 F.R. 48029, provided:

By the authority vested in me as President by the Constitution and the laws of the United States of America, it is hereby ordered as follows:

Section 1. Purpose. Chemicals, and the facilities where they are manufactured, stored, distributed, and used, are essential to today's economy. Past and recent tragedies have reminded us, however, that the handling and storage of chemicals are not without risk. The Federal Government has developed and implemented numerous programs aimed at reducing the safety risks and security risks associated with hazardous chemicals. However, additional measures can be taken by executive departments and agencies (agencies) with regulatory authority to further improve chemical facility safety and security in coordination with owners and operators.

Sec. 2. Establishment of the Chemical Facility Safety and Security Working Group. (a) There is established a Chemical Facility Safety and Security Working Group (Working Group) co-chaired by the Secretary of Homeland Security, the Administrator of the Environmental Protection Agency (EPA), and the Secretary of Labor or their designated representatives at the Assistant Secretary level or higher. In addition, the Working Group shall consist of the head of each of the following agencies or their designated representatives at the Assistant Secretary level or higher:

(i) the Department of Justice;

(ii) the Department of Agriculture; and

(iii) the Department of Transportation.

(b) In carrying out its responsibilities under this order, the Working Group shall consult with representatives from:

(i) the Council on Environmental Quality;

(ii) the National Security Staff;

(iii) the Domestic Policy Council;

(iv) the Office of Science and Technology Policy;

(v) the Office of Management and Budget (OMB);

(vi) the White House Office of Cabinet Affairs; and

(vii) such other agencies and offices as the President may designate.

(c) The Working Group shall meet no less than quarterly to discuss the status of efforts to implement this order. The Working Group is encouraged to invite other affected agencies, such as the Nuclear Regulatory Commission, to attend these meetings as appropriate. Additionally, the Working Group shall provide, within 270 days of the date of this order, a status report to the President through the Chair of the Council on Environmental Quality and the Assistant to the President for Homeland Security and Counterterrorism.

Sec. 3. Improving Operational Coordination with State, Local, and Tribal Partners. (a) Within 135 days of the date of this order, the Working Group shall develop a plan to support and further enable efforts by State regulators, State, local, and tribal emergency responders, chemical facility owners and operators, and local and tribal communities to work together to improve chemical facility safety and security. In developing this plan, the Working Group shall:

(i) identify ways to improve coordination among the Federal Government, first responders, and State, local, and tribal entities;

(ii) take into account the capabilities, limitations, and needs of the first responder community;

(iii) identify ways to ensure that State homeland security advisors, State Emergency Response Commissions (SERCs), Tribal Emergency Response Commissions (TERCs), Local Emergency Planning Committees (LEPCs), Tribal Emergency Planning Committees (TEPCs), State regulators, and first responders have ready access to key information in a useable format, including by thoroughly reviewing categories of chemicals for which information is provided to first responders and the manner in which it is made available, so as to prevent, prepare for, and respond to chemical incidents;

(iv) identify areas, in collaboration with State, local, and tribal governments and private sector partners, where joint collaborative programs can be developed or enhanced, including by better integrating existing authorities, jurisdictional responsibilities, and regulatory programs in order to achieve a more comprehensive engagement on chemical risk management;

(v) identify opportunities and mechanisms to improve response procedures and to enhance information sharing and collaborative planning between chemical facility owners and operators, TEPCs, LEPCs, and first responders;

(vi) working with the National Response Team (NRT) and Regional Response Teams (RRTs), identify means for Federal technical assistance to support developing, implementing, exercising, and revising State, local, and tribal emergency contingency plans, including improved training; and

(vii) examine opportunities to improve public access to information about chemical facility risks consistent with national security needs and appropriate protection of confidential business information.

(b) Within 90 days of the date of this order, the Attorney General, through the head of the Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF), shall assess the feasibility of sharing data related to the storage of explosive materials with SERCs, TEPCs, and LEPCs.

(c) Within 90 days of the date of this order, the Secretary of Homeland Security shall assess the feasibility of sharing Chemical Facility Anti-Terrorism Standards (CFATS) data with SERCs, TEPCs, and LEPCs on a categorical basis.

Sec. 4. Enhanced Federal Coordination. In order to enhance Federal coordination regarding chemical facility safety and security:

(a) Within 45 days of the date of this order, the Working Group shall deploy a pilot program, involving the EPA, Department of Labor, Department of Homeland Security, and any other appropriate agency, to validate best practices and to test innovative methods for Federal interagency collaboration regarding chemical facility safety and security. The pilot program shall operate in at least one region and shall integrate regional Federal, State, local, and tribal assets, where appropriate. The pilot program shall include innovative and effective methods of collecting, storing, and using facility information, stakeholder outreach, inspection planning, and, as appropriate, joint inspection efforts. The Working Group shall take into account the results of the pilot program in developing integrated standard operating procedures pursuant to subsection (b) of this section.

(b) Within 270 days of the date of this order, the Working Group shall create comprehensive and integrated standard operating procedures for a unified Federal approach for identifying and responding to risks in chemical facilities (including during pre-inspection, inspection execution, post-inspection, and post-accident investigation activities), incident reporting and response procedures, enforcement, and collection, storage, and use of facility information. This effort shall reflect best practices and shall include agency-to-agency referrals and joint inspection procedures where possible and appropriate, as well as consultation with the Federal Emergency Management Agency on post-accident response activities.

(c) Within 90 days of the date of this order, the Working Group shall consult with the Chemical Safety Board (CSB) and determine what, if any, changes are required to existing memorandums of understanding (MOUs) and processes between EPA and CSB, ATF and CSB, and the Occupational Safety and Health Administration and CSB for timely and full disclosure of information. To the extent appropriate, the Working Group may develop a single model MOU with CSB in lieu of existing agreements.

Sec. 5. Enhanced Information Collection and Sharing. In order to enhance information collection by and sharing across agencies to support more informed decisionmaking, streamline reporting requirements, and reduce duplicative efforts:

(a) Within 90 days of the date of this order, the Working Group shall develop an analysis, including recommendations, on the potential to improve information collection by and sharing between agencies to help identify chemical facilities which may not have provided all required information or may be non-compliant with Federal requirements to ensure chemical facility safety. This analysis should consider ongoing data-sharing efforts, other federally collected information, and chemical facility reporting among agencies (including information shared with State, local, and tribal governments).

(b) Within 180 days of the date of this order, the Working Group shall produce a proposal for a coordinated, flexible data-sharing process which can be utilized to track data submitted to agencies for federally regulated chemical facilities, including locations, chemicals, regulated entities, previous infractions, and other relevant information. The proposal shall allow for the sharing of information with and by State, local, and tribal entities where possible, consistent with section 3 of this order, and shall address computer-based and non-computer-based means for improving the process in the short-term, if they exist.

(c) Within 180 days of the date of this order, the Working Group shall identify and recommend possible changes to streamline and otherwise improve data collection to meet the needs of the public and Federal, State, local, and tribal agencies (including those charged with protecting workers and the public), consistent with the Paperwork Reduction Act and other relevant authorities, including opportunities to lessen the reporting burden on regulated industries. To the extent feasible, efforts shall minimize the duplicative collection of information while ensuring that pertinent information is shared with all key entities.

Sec. 6. Policy, Regulation, and Standards Modernization. (a) In order to enhance safety and security in chemical facilities by modernizing key policies, regulations, and standards, the Working Group shall:

(i) within 90 days of the date of this order, develop options for improved chemical facility safety and security that identifies improvements to existing risk management practices through agency programs, private sector initiatives, Government guidance, outreach, standards, and regulations;

(ii) within 90 days of developing the options described in subsection (a)(i) of this section, engage key stakeholders to discuss the options and other means to improve chemical risk management that may be available; and

(iii) within 90 days of completing the outreach and consultation effort described in subsection (a)(ii) of this section, develop a plan for implementing practical and effective improvements to chemical risk management identified pursuant to subsections (a)(i) and (ii) of this section.

(b) Within 90 days of the date of this order, the Secretary of Homeland Security, the Secretary of Labor, and the Secretary of Agriculture shall develop a list of potential regulatory and legislative proposals to improve the safe and secure storage, handling, and sale of ammonium nitrate and identify ways in which ammonium nitrate safety and security can be enhanced under existing authorities.

(c) Within 90 days of the date of this order, the Administrator of EPA and the Secretary of Labor shall review the chemical hazards covered by the Risk Management Program (RMP) and the Process Safety Management Standard (PSM) and determine if the RMP or PSM can and should be expanded to address additional regulated substances and types of hazards. In addition, the EPA and the Department of Labor shall develop a plan, including a timeline and resource requirements, to expand, implement, and enforce the RMP and PSM in a manner that addresses the additional regulated substances and types of hazards.

(d) Within 90 days of the date of this order, the Secretary of Homeland Security shall identify a list of chemicals, including poisons and reactive substances, that should be considered for addition to the CFATS Chemicals of Interest list.

(e) Within 90 days of the date of this order, the Secretary of Labor shall:

(i) identify any changes that need to be made in the retail and commercial grade exemptions in the PSM Standard; and

(ii) issue a Request for Information designed to identify issues related to modernization of the PSM Standard and related standards necessary to meet the goal of preventing major chemical accidents.

Sec. 7. Identification of Best Practices. The Working Group shall convene stakeholders, including chemical producers, chemical storage companies, agricultural supply companies, State and local regulators, chemical critical infrastructure owners and operators, first responders, labor organizations representing affected workers, environmental and community groups, and consensus standards organizations, in order to identify and share successes to date and best practices to reduce safety risks and security risks in the production and storage of potentially harmful chemicals, including through the use of safer alternatives, adoption of best practices, and potential public-private partnerships.

Sec. 8. General Provisions. (a) This order shall be implemented consistent with applicable law, including international trade obligations, and subject to the availability of appropriations.

(b) Nothing in this order shall be construed to impair or otherwise affect:

(i) the authority granted by law to a department, agency, or the head thereof; or

(ii) the functions of the Director of OMB relating to budgetary, administrative, or legislative proposals.

(c) This order is not intended to, and does not, create any right or benefit, substantive or procedural, enforceable at law or in equity by any party against the United States, its departments, agencies, or entities, its officers, employees, or agents, or any other person.

Barack Obama.      

[Reference to the National Security Staff deemed to be a reference to the National Security Council Staff, see Ex. Ord. No. 13657, set out as a note under section 3021 of Title 50, War and National Defense.]
6 U.S.C. § 665 (2024) — Title 6: DOMESTIC SECURITY / Chapter 1: HOMELAND SECURITY ORGANIZATION / Subchapter XVIII: CYBERSECURITY AND INFRASTRUCTURE SECURITY AGENCY / Section 665: Duties and authorities relating to .gov internet domain
Duties and authorities relating to .gov internet domain
Status: in_force

(a) Definition

In this section, the term "agency" has the meaning given the term in section 3502 of title 44.

(b) Availability of .gov internet domain

The Director shall make .gov internet domain name registration services, as well as any supporting services described in subsection (e), generally available—

(1) to any Federal, State, local, or territorial government entity, or other publicly controlled entity, including any Tribal government recognized by the Federal Government or a State government, that complies with the requirements for registration developed by the Director as described in subsection (c);

(2) without conditioning registration on the sharing of any information with the Director or any other Federal entity, other than the information required to meet the requirements described in subsection (c); and

(3) without conditioning registration on participation in any separate service offered by the Director or any other Federal entity.

(c) Requirements

The Director, with the approval of the Director of the Office of Management and Budget for agency .gov internet domain requirements and in consultation with the Director of the Office of Management and Budget for .gov internet domain requirements for entities that are not agencies, shall establish and publish on a publicly available website requirements for the registration and operation of .gov internet domains sufficient to—

(1) minimize the risk of .gov internet domains whose names could mislead or confuse users;

(2) establish that .gov internet domains may not be used for commercial or political campaign purposes;

(3) ensure that domains are registered and maintained only by authorized individuals; and

(4) limit the sharing or use of any information obtained through the administration of the .gov internet domain with any other Department component or any other agency for any purpose other than the administration of the .gov internet domain, the services described in subsection (e), and the requirements for establishing a .gov inventory described in subsection (h).

(d) Executive branch

(1) In general

The Director of the Office of Management and Budget shall establish applicable processes and guidelines for the registration and acceptable use of .gov internet domains by agencies.

(2) Approval required

The Director shall obtain the approval of the Director of the Office of Management and Budget before registering a .gov internet domain name for an agency.

(3) Compliance

Each agency shall ensure that any website or digital service of the agency that uses a .gov internet domain is in compliance with the 21st Century IDEA Act (44 U.S.C. 3501 note) and implementation guidance issued pursuant to that Act.

(e) Supporting services

(1) In general

The Director may provide services to the entities described in subsection (b)(1) specifically intended to support the security, privacy, reliability, accessibility, and speed of registered .gov internet domains.

(2) Rule of construction

Nothing in paragraph (1) shall be construed to—

(A) limit other authorities of the Director to provide services or technical assistance to an entity described in subsection (b)(1); or

(B) establish new authority for services other than those the purpose of which expressly supports the operation of .gov internet domains and the needs of .gov internet domain registrants.

(f) Fees

(1) In general

The Director may provide any service relating to the availability of the .gov internet domain program, including .gov internet domain name registration services described in subsection (b) and supporting services described in subsection (e), to entities described in subsection (b)(1) with or without reimbursement, including variable pricing.

(2) Limitation

The total fees collected for new .gov internet domain registrants or annual renewals of .gov internet domains shall not exceed the direct operational expenses of improving, maintaining, and operating the .gov internet domain, .gov internet domain services, and .gov internet domain supporting services.

(g) Consultation

The Director shall consult with the Director of the Office of Management and Budget, the Administrator of General Services, other civilian Federal agencies as appropriate, and entities representing State, local, Tribal, or territorial governments in developing the strategic direction of the .gov internet domain and in establishing requirements under subsection (c), in particular on matters of privacy, accessibility, transparency, and technology modernization.

(h) .gov inventory

(1) In general

The Director shall, on a continuous basis—

(A) inventory all hostnames and services in active use within the .gov internet domain; and

(B) provide the data described in subparagraph (A) to domain registrants at no cost.

(2) Requirements

In carrying out paragraph (1)—

(A) data may be collected through analysis of public and non-public sources, including commercial data sets;

(B) the Director shall share with Federal and non-Federal domain registrants all unique hostnames and services discovered within the zone of their registered domain;

(C) the Director shall share any data or information collected or used in the management of the .gov internet domain name registration services relating to Federal executive branch registrants with the Director of the Office of Management and Budget for the purpose of fulfilling the duties of the Director of the Office of Management and Budget under section 3553 of title 44;

(D) the Director shall publish on a publicly available website discovered hostnames that describe publicly accessible agency websites, to the extent consistent with the security of Federal information systems but with the presumption of disclosure;

(E) the Director may publish on a publicly available website any analysis conducted and data collected relating to compliance with Federal mandates and industry best practices, to the extent consistent with the security of Federal information systems but with the presumption of disclosure; and

(F) the Director shall—

(i) collect information on the use of non-.gov internet domain suffixes by agencies for their official online services;

(ii) collect information on the use of non-.gov internet domain suffixes by State, local, Tribal, and territorial governments; and

(iii) publish the information collected under clause (i) on a publicly available website to the extent consistent with the security of the Federal information systems, but with the presumption of disclosure.

(3) National security coordination

(A) In general

In carrying out this subsection, the Director shall inventory, collect, and publish hostnames and services in a manner consistent with the protection of national security information.

(B) Limitation

The Director may not inventory, collect, or publish hostnames or services under this subsection if the Director, in coordination with other heads of agencies, as appropriate, determines that the collection or publication would—

(i) disrupt a law enforcement investigation;

(ii) endanger national security or intelligence activities;

(iii) impede national defense activities or military operations; or

(iv) hamper security remediation actions.

(4) Strategy

Not later than 180 days after December 27, 2020, the Director shall develop and submit to the Committee on Homeland Security and Governmental Affairs and the Committee on Rules and Administration of the Senate and the Committee on Homeland Security, the Committee on Oversight and Reform, and the Committee on House Administration of the House of Representatives a strategy to utilize the information collected under this subsection for countering malicious cyber activity.

(Pub. L. 107–296, title XXII, §2215, as added Pub. L. 116–260, div. U, title IX, §904(b)(1)(B), Dec. 27, 2020, 134 Stat. 2298; Pub. L. 117–81, div. A, title XV, §1547(b)(1)(A)(ii), (B), Dec. 27, 2021, 135 Stat. 2060, 2061; Pub. L. 117–263, div. G, title LXXI, §7143(a)(1), Dec. 23, 2022, 136 Stat. 3654.)

Editorial Notes

References in Text

The 21st Century IDEA Act, referred to in subsec. (d)(3), is Pub. L. 115–336, Dec. 20, 2018, 132 Stat. 5025, also known as the 21st Century Integrated Digital Experience Act, which is set out as a note under section 3501 of Title 44, Public Printing and Documents.

Codification

Other sections 2215 of Pub. L. 107–296 were renumbered sections 2216, 2217, and 2218 and are classified, respectively, to sections 665b, 665c, and 665d of this title.

Amendments

2022—Pub. L. 117–263 made amendment identical to that made by Pub. L. 117–81, §1547(b)(1)(B). See 2021 Amendment note below.

2021—Pub. L. 117–81, §1547(b)(1)(B), made technical amendment to the directory language of section 904(b)(1) of Pub. L. 116–260.

Pub. L. 117–81, §1547(b)(1)(A)(ii), reenacted section catchline.

Statutory Notes and Related Subsidiaries

Change of Name

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.

Effective Date of 2022 Amendment

Amendment by Pub. L. 117–263 effective as if enacted as part of title IX of div. U of Pub. L. 116–260, see section 7143(a)(2) of Pub. L. 117–263, set out as a note under section 652 of this title.

Findings

Pub. L. 116–260, div. U, title IX, §902, Dec. 27, 2020, 134 Stat. 2297, provided that: "Congress finds that—

"(1) the .gov internet domain reflects the work of United States innovators in inventing the internet and the role that the Federal Government played in guiding the development and success of the early internet;

"(2) the .gov internet domain is a unique resource of the United States that reflects the history of innovation and global leadership of the United States;

"(3) when online public services and official communications from any level and branch of government use the .gov internet domain, they are easily recognized as official and difficult to impersonate;

"(4) the citizens of the United States deserve online public services that are safe, recognizable, and trustworthy;

"(5) the .gov internet domain should be available at no cost or a negligible cost to any Federal, State, local, or territorial government-operated or publicly controlled entity, including any Tribal government recognized by the Federal Government or a State government, for use in their official services, operations, and communications;

"(6) the .gov internet domain provides a critical service to those Federal, State, local, Tribal, and territorial governments; and

"(7) the .gov internet domain should be operated transparently and in the spirit of public accessibility, privacy, and security."

[For definition of "State" as used in section 902 of Pub. L. 116–260, set out above, see section 903 of Pub. L. 116–260, set out as a note below.]

Purpose of .gov Internet Domain Program

Pub. L. 116–260, div. U, title IX, §904(a), Dec. 27, 2020, 134 Stat. 2298, provided that: "The purpose of the .gov internet domain program is to—

"(1) legitimize and enhance public trust in government entities and their online services;

"(2) facilitate trusted electronic communication and connections to and from government entities;

"(3) provide simple and secure registration of .gov internet domains;

"(4) improve the security of the services hosted within these .gov internet domains, and of the .gov namespace in general; and

"(5) enable the discoverability of government services to the public and to domain registrants."

[For definition of "online service" as used in section 904(a) of Pub. L. 116–260, set out above, see section 903 of Pub. L. 116–260, set out as a note below.]

Reference Guide

Pub. L. 116–260, div. U, title IX, §904(b)(2)(B), Dec. 27, 2020, 134 Stat. 2301, provided that: "Not later than 1 year after the date of enactment of this Act [Dec. 27, 2020], the Director, in consultation with the Administrator and entities representing State, local, Tribal, or territorial governments, shall develop and publish on a publicly available website a reference guide for migrating online services to the .gov internet domain, which shall include—

"(i) process and technical information on how to carry out a migration of common categories of online services, such as web and email services;

"(ii) best practices for cybersecurity pertaining to registration and operation of a .gov internet domain; and

"(iii) references to contract vehicles and other private sector resources vetted by the Director that may assist in performing the migration."

[For definitions of terms used in section 904(b)(2)(B) of Pub. L. 116–260, set out above, see section 903 of Pub. L. 116–260, set out as a note below.]

Transition

Pub. L. 116–260, div. U, title IX, §907, Dec. 27, 2020, 134 Stat. 2303, provided that:

"(a) There shall be transferred to the Director the .gov internet domain program, as operated by the General Services Administration under title 41, Code of Federal Regulations, on the date on which the Director begins operational administration of the .gov internet domain program, in accordance with subsection (c).

"(b) Not later than 30 days after the date of enactment of this Act [probably means "this title", approved Dec. 27, 2020], the Director shall submit a plan for the operational and contractual transition of the .gov internet domain program to the Committee on Homeland Security and Governmental Affairs and the Committee on Rules and Administration of the Senate and the Committee on Homeland Security, the Committee on Oversight and Reform [now Committee on Oversight and Accountability], and the Committee on House Administration of the House of Representatives.

"(c) Not later than 120 days after the date of enactment of this Act, the Director shall begin operationally administering the .gov internet domain program, and shall publish on a publicly available website the requirements for domain registrants as described in section 2215(b) of the Homeland Security Act of 2002 [6 U.S.C. 665(b)], as added by section 904(b) of this Act.

"(d) On the date on which the Director begins operational administration of the .gov internet domain program, in accordance with subsection (c), the Administrator shall rescind the requirements in part 102–173 of title 41, Code of Federal Regulations.

"(e) During the 5-year period beginning on the date of enactment of this Act [Dec. 27, 2020], any fee charged to entities that are not agencies for new .gov internet domain registrants or annual renewals of .gov internet domains shall be not more than the amount of the fee charged for such registration or renewal as of October 1, 2019."

[For definition of "Director" as used in section 907 of Pub. L. 116–260, set out above, see section 903 of Pub. L. 116–260, set out as a note below.]

Definitions

Pub. L. 116–260, div. U, title IX, §903, Dec. 27, 2020, 134 Stat. 2298, provided that: "In this Act [probably means "this title", see Short Title of 2020 Amendment note set out under section 101 of this title]—

"(1) the term 'Administrator' means the Administrator of General Services;

"(2) the term 'agency' has the meaning given the term in section 3502 of title 44, United States Code;

"(3) the term 'Director' means the Director of the Cybersecurity and Infrastructure Security Agency;

"(4) the term 'online service' means any internet-facing service, including a website, email, a virtual private network, or a custom application; and

"(5) the term 'State' means any State of the United States, the District of Columbia, the Commonwealth of Puerto Rico, the Virgin Islands, Guam, American Samoa, the Commonwealth of the Northern Mariana Islands, and any possession of the United States."
6 U.S.C. § 607 (2024) — Title 6: DOMESTIC SECURITY / Chapter 1: HOMELAND SECURITY ORGANIZATION / Subchapter XV: HOMELAND SECURITY GRANTS / Section 607: Terrorism prevention
Terrorism prevention
Status: in_force

(a) Law enforcement terrorism prevention program

(1) In general

The Administrator shall ensure that not less than 25 percent of the total combined funds appropriated for grants under sections 604 and 605 of this title is used for law enforcement terrorism prevention activities.

(2) Law enforcement terrorism prevention activities

Law enforcement terrorism prevention activities include—

(A) information sharing and analysis;

(B) target hardening;

(C) threat recognition;

(D) terrorist interdiction;

(E) training exercises to enhance preparedness for and response to mass casualty and active shooter incidents and security events at public locations, including airports and mass transit systems;

(F) overtime expenses consistent with a State homeland security plan, including for the provision of enhanced law enforcement operations in support of Federal agencies, including for increased border security and border crossing enforcement;

(G) establishing, enhancing, and staffing with appropriately qualified personnel State, local, and regional fusion centers that comply with the guidelines established under section 124h(i) of this title;

(H) paying salaries and benefits for personnel, including individuals employed by the grant recipient on the date of the relevant grant application, to serve as qualified intelligence analysts;

(I) any other activity permitted under the Fiscal Year 2007 Program Guidance of the Department for the Law Enforcement Terrorism Prevention Program; and

(J) any other terrorism prevention activity authorized by the Administrator.

(3) Participation of underrepresented communities in fusion centers

The Administrator shall ensure that grant funds described in paragraph (1) are used to support the participation, as appropriate, of law enforcement and other emergency response providers from rural and other underrepresented communities at risk from acts of terrorism in fusion centers.

(b) Office for State and Local Law Enforcement

(1) Establishment

There is established in the Policy Directorate of the Department an Office for State and Local Law Enforcement, which shall be headed by an Assistant Secretary for State and Local Law Enforcement.

(2) Qualifications

The Assistant Secretary for State and Local Law Enforcement shall have an appropriate background with experience in law enforcement, intelligence, and other counterterrorism functions.

(3) Assignment of personnel

The Secretary shall assign to the Office for State and Local Law Enforcement permanent staff and, as appropriate and consistent with sections 316(c)(2), 381, and 468(d) of this title, other appropriate personnel detailed from other components of the Department to carry out the responsibilities under this subsection.

(4) Responsibilities

The Assistant Secretary for State and Local Law Enforcement shall—

(A) lead the coordination of Department-wide policies relating to the role of State and local law enforcement in preventing, preparing for, protecting against, and responding to natural disasters, acts of terrorism, and other man-made disasters within the United States;

(B) serve as a liaison between State, local, and tribal law enforcement agencies and the Department;

(C) coordinate with the Office of Intelligence and Analysis to ensure the intelligence and information sharing requirements of State, local, and tribal law enforcement agencies are being addressed;

(D) work with the Administrator to ensure that law enforcement and terrorism-focused grants to State, local, and tribal government agencies, including grants under sections 604 and 605 of this title, the Commercial Equipment Direct Assistance Program, and other grants administered by the Department to support fusion centers and law enforcement-oriented programs, are appropriately focused on terrorism prevention activities;

(E) coordinate with the Science and Technology Directorate, the Federal Emergency Management Agency, the Department of Justice, the National Institute of Justice, law enforcement organizations, and other appropriate entities to support the development, promulgation, and updating, as necessary, of national voluntary consensus standards for training and personal protective equipment to be used in a tactical environment by law enforcement officers; and

(F) conduct, jointly with the Administrator, a study to determine the efficacy and feasibility of establishing specialized law enforcement deployment teams to assist State, local, and tribal governments in responding to natural disasters, acts of terrorism, or other man-made disasters and report on the results of that study to the appropriate committees of Congress.

(5) Rule of construction

Nothing in this subsection shall be construed to diminish, supercede, or replace the responsibilities, authorities, or role of the Administrator.

(Pub. L. 107–296, title XX, §2006, as added Pub. L. 110–53, title I, §101, Aug. 3, 2007, 121 Stat. 280; amended Pub. L. 114–190, title III, §3602, July 15, 2016, 130 Stat. 665.)

Editorial Notes

Amendments

2016—Subsec. (a)(2)(E) to (J). Pub. L. 114–190 added subpar. (E) and redesignated former subpars. (E) to (I) as (F) to (J), respectively.
6 U.S.C. § 671 (2024) — Title 6: DOMESTIC SECURITY / Chapter 1: HOMELAND SECURITY ORGANIZATION / Subchapter XVIII: CYBERSECURITY AND INFRASTRUCTURE SECURITY AGENCY / Section 671: Definitions
Definitions
Status: in_force

In this part:

(1) Agency

The term "agency" has the meaning given it in section 551 of title 5.

(2) Covered Federal agency

The term "covered Federal agency" means the Department of Homeland Security.

(3) Critical infrastructure information

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

(4) Critical infrastructure protection program

The term "critical infrastructure protection program" means any component or bureau of a covered Federal agency that has been designated by the President or any agency head to receive critical infrastructure information.

(5) Protected system

The term "protected system"—

(A) means any service, physical or computer-based system, process, or procedure that directly or indirectly affects the viability of a facility of critical infrastructure; and

(B) includes any physical or computer-based system, including a computer, computer system, computer or communications network, or any component hardware or element thereof, software program, processing instructions, or information or data in transmission or storage therein, irrespective of the medium of transmission or storage.

(6) Voluntary

(A) In general

The term "voluntary", in the case of any submittal of critical infrastructure information to a covered Federal agency, means the submittal thereof in the absence of such agency's exercise of legal authority to compel access to or submission of such information and may be accomplished by a single entity or an Information Sharing and Analysis Organization on behalf of itself or its members.

(B) Exclusions

The term "voluntary"—

(i) in the case of any action brought under the securities laws as is defined in section 78c(a)(47) of title 15—

(I) does not include information or statements contained in any documents or materials filed with the Securities and Exchange Commission, or with Federal banking regulators, pursuant to section 78l(i) of title 15; and

(II) with respect to the submittal of critical infrastructure information, does not include any disclosure or writing that when made accompanied the solicitation of an offer or a sale of securities; and

(ii) does not include information or statements submitted or relied upon as a basis for making licensing or permitting determinations, or during regulatory proceedings.

(Pub. L. 107–296, title XXII, §2222, formerly title II, §212, Nov. 25, 2002, 116 Stat. 2150; Pub. L. 114–113, div. N, title II, §204, Dec. 18, 2015, 129 Stat. 2961; renumbered title XXII, §2222, and amended Pub. L. 115–278, §2(g)(2)(H), (9)(B)(i), Nov. 16, 2018, 132 Stat. 4178, 4181; Pub. L. 117–263, div. G, title LXXI, §7143(b)(2)(M), Dec. 23, 2022, 136 Stat. 3661.)

Editorial Notes

Codification

Section was formerly classified to section 131 of this title prior to renumbering by Pub. L. 115–278.

Amendments

2022—Par. (3). Pub. L. 117–263, §7143(b)(2)(M)(i), added par. (3) and struck out former par. (3) which defined critical infrastructure information.

Pars. (5) to (8). Pub. L. 117–263, §7143(b)(2)(M)(ii), (iii), redesignated pars. (6) and (7) as (5) and (6), respectively, and struck out former pars. (5) and (8) which defined Information Sharing and Analysis Organization and cybersecurity risk and incident, respectively.

2018—Par. (8). Pub. L. 115–278, §2(g)(9)(B)(i), substituted "section 659 of this title" for "section 148 of this title".

2015—Par. (5)(A). Pub. L. 114–113, §204(1)(A), inserted ", including information related to cybersecurity risks and incidents," after "critical infrastructure information" and ", including cybersecurity risks and incidents," after "related to critical infrastructure".

Par. (5)(B). Pub. L. 114–113, §204(1)(B), inserted ", including cybersecurity risks and incidents," after "critical infrastructure information" and ", including cybersecurity risks and incidents," after "related to critical infrastructure".

Par. (5)(C). Pub. L. 114–113, §204(1)(C), inserted ", including cybersecurity risks and incidents," after "critical infrastructure information".

Par. (8). Pub. L. 114–113, §204(2), added par. (8).

Statutory Notes and Related Subsidiaries

Short Title

For short title of this part as the "Critical Infrastructure Information Act of 2002", see section 2221 of Pub. L. 107–296, set out as a note under section 101 of this title.

Prohibition on New Regulatory Authority

Pub. L. 114–113, div. N, title II, §210, Dec. 18, 2015, 129 Stat. 2962, provided that: "Nothing in this subtitle [subtitle A (§§201–211) of title II of div. N of Pub. L. 114–113, see Short Title of 2015 Amendment note set out under section 101 of this title] or the amendments made by this subtitle may be construed to grant the Secretary any authority to promulgate regulations or set standards relating to the cybersecurity of non-Federal entities, not including State, local, and tribal governments, that was not in effect on the day before the date of enactment of this Act [Dec. 18, 2015]."

Definitions

Pub. L. 114–113, div. N, title II, §202, Dec. 18, 2015, 129 Stat. 2956, as amended by Pub. L. 115–278, §2(h)(1)(A), Nov. 16, 2018, 132 Stat. 4181, provided that: "In this subtitle [subtitle A (§§201–211) of title II of div. N of Pub. L. 114–113, see Short Title of 2015 Amendment note set out under section 101 of this title]:

"(1) Appropriate congressional committees.—The term 'appropriate congressional committees' means—

"(A) the Committee on Homeland Security and Governmental Affairs of the Senate; and

"(B) the Committee on Homeland Security of the House of Representatives.

"(2) Cybersecurity risk; incident.—The terms 'cybersecurity risk' and 'incident' have the meanings given those terms in section 2209 of the Homeland Security Act of 2002 [6 U.S.C. 659] [see now 6 U.S.C. 650].

"(3) Cyber threat indicator; defensive measure.—The terms 'cyber threat indicator' and 'defensive measure' have the meanings given those terms in section 102 [6 U.S.C. 1501].

"(4) Department.—The term 'Department' means the Department of Homeland Security.

"(5) Secretary.—The term 'Secretary' means the Secretary of Homeland Security."