6 U.S.C. § 1162 (2024) — Title 6: DOMESTIC SECURITY / Chapter 4: TRANSPORTATION SECURITY / Subchapter IV: SURFACE TRANSPORTATION SECURITY / Section 1162: Railroad carrier assessments and plans
Railroad carrier assessments and plans
Status: in_force

(a) In general

Not later than 12 months after August 3, 2007, the Secretary shall issue regulations that—

(1) require each railroad carrier assigned to a high-risk tier under this section to—

(A) conduct a vulnerability assessment in accordance with subsections (c) and (d); and

(B) to 1 prepare, submit to the Secretary for approval, and implement a security plan in accordance with this section that addresses security performance requirements; and

(2) establish standards and guidelines, based on and consistent with the risk assessment and National Strategy for Railroad Transportation Security developed under section 1161 of this title, for developing and implementing the vulnerability assessments and security plans for railroad carriers assigned to high-risk tiers.

(b) Non high-risk programs

The Secretary may establish a security program for railroad carriers not assigned to a high-risk tier, including—

(1) guidance for such carriers in conducting vulnerability assessments and preparing and implementing security plans, as determined appropriate by the Secretary; and

(2) a process to review and approve such assessments and plans, as appropriate.

(c) Deadline for submission

Not later than 9 months after the date of issuance of the regulations under subsection (a), the vulnerability assessments and security plans required by such regulations for railroad carriers assigned to a high-risk tier shall be completed and submitted to the Secretary for review and approval.

(d) Vulnerability assessments

(1) Requirements

The Secretary shall provide technical assistance and guidance to railroad carriers in conducting vulnerability assessments under this section and shall require that each vulnerability assessment of a railroad carrier assigned to a high-risk tier under this section, include, as applicable—

(A) identification and evaluation of critical railroad carrier assets and infrastructure, including platforms, stations, intermodal terminals, tunnels, bridges, switching and storage areas, and information systems as appropriate;

(B) identification of the vulnerabilities to those assets and infrastructure;

(C) identification of strengths and weaknesses in—

(i) physical security;

(ii) passenger and cargo security, including the security of security-sensitive materials being transported by railroad or stored on railroad property;

(iii) programmable electronic devices, computers, or other automated systems which are used in providing the transportation;

(iv) alarms, cameras, and other protection systems;

(v) communications systems and utilities needed for railroad security purposes, including dispatching and notification systems;

(vi) emergency response planning;

(vii) employee training; and

(viii) such other matters as the Secretary determines appropriate; and

(D) identification of redundant and backup systems required to ensure the continued operation of critical elements of a railroad carrier's system in the event of an attack or other incident, including disruption of commercial electric power or communications network.

(2) Threat information

The Secretary shall provide in a timely manner to the appropriate employees of a railroad carrier, as designated by the railroad carrier, threat information that is relevant to the carrier when preparing and submitting a vulnerability assessment and security plan, including an assessment of the most likely methods that could be used by terrorists to exploit weaknesses in railroad security.

(e) Security plans

(1) Requirements

The Secretary shall provide technical assistance and guidance to railroad carriers in preparing and implementing security plans under this section, and shall require that each security plan of a railroad carrier assigned to a high-risk tier under this section include, as applicable—

(A) identification of a security coordinator having authority—

(i) to implement security actions under the plan;

(ii) to coordinate security improvements; and

(iii) to receive immediate communications from appropriate Federal officials regarding railroad security;

(B) a list of needed capital and operational improvements;

(C) procedures to be implemented or used by the railroad carrier in response to a terrorist attack, including evacuation and passenger communication plans that include individuals with disabilities as appropriate;

(D) identification of steps taken with State and local law enforcement agencies, emergency responders, and Federal officials to coordinate security measures and plans for response to a terrorist attack;

(E) a strategy and timeline for conducting training under section 1167 of this title;

(F) enhanced security measures to be taken by the railroad carrier when the Secretary declares a period of heightened security risk;

(G) plans for providing redundant and backup systems required to ensure the continued operation of critical elements of the railroad carrier's system in the event of a terrorist attack or other incident;

(H) a strategy for implementing enhanced security for shipments of security-sensitive materials, including plans for quickly locating and securing such shipments in the event of a terrorist attack or security incident; and

(I) such other actions or procedures as the Secretary determines are appropriate to address the security of railroad carriers.

(2) Security coordinator requirements

The Secretary shall require that the individual serving as the security coordinator identified in paragraph (1)(A) is a citizen of the United States. The Secretary may waive this requirement with respect to an individual if the Secretary determines that it is appropriate to do so based on a background check of the individual and a review of the consolidated terrorist watchlist.

(3) Consistency with other plans

The Secretary shall ensure that the security plans developed by railroad carriers under this section are consistent with the risk assessment and National Strategy for Railroad Transportation Security developed under section 1161 of this title.

(f) Deadline for review process

Not later than 6 months after receiving the assessments and plans required under this section, the Secretary shall—

(1) review each vulnerability assessment and security plan submitted to the Secretary in accordance with subsection (c);

(2) require amendments to any security plan that does not meet the requirements of this section; and

(3) approve any vulnerability assessment or security plan that meets the requirements of this section.

(g) Interim security measures

The Secretary may require railroad carriers, during the period before the deadline established under subsection (c), to submit a security plan under subsection (e) to implement any necessary interim security measures essential to providing adequate security of the railroad carrier's system. An interim plan required under this subsection will be superseded by a plan required under subsection (e).

(h) Tier assignment

Utilizing the risk assessment and National Strategy for Railroad Transportation Security required under section 1161 of this title, the Secretary shall assign each railroad carrier to a risk-based tier established by the Secretary:

(1) Provision of information

The Secretary may request, and a railroad carrier shall provide, information necessary for the Secretary to assign a railroad carrier to the appropriate tier under this subsection.

(2) Notification

Not later than 60 days after the date a railroad carrier is assigned to a tier under this subsection, the Secretary shall notify the railroad carrier of the tier to which it is assigned and the reasons for such assignment.

(3) High-risk tiers

At least one of the tiers established by the Secretary under this subsection shall be designated a tier for high-risk railroad carriers.

(4) Reassignment

The Secretary may reassign a railroad carrier to another tier, as appropriate, in response to changes in risk. The Secretary shall notify the railroad carrier not later than 60 days after such reassignment and provide the railroad carrier with the reasons for such reassignment.

(i) Nondisclosure of information

(1) Submission of information to Congress

Nothing in this section shall be construed as authorizing the withholding of any information from Congress.

(2) Disclosure of independently furnished information

Nothing in this section shall be construed as affecting any authority or obligation of a Federal agency to disclose any record or information that the Federal agency obtains from a railroad carrier under any other Federal law.

(j) Existing procedures, protocols and standards

(1) Determination

In response to a petition by a railroad carrier or at the discretion of the Secretary, the Secretary may determine that existing procedures, protocols, and standards meet all or part of the requirements of this section, including regulations issued under subsection (a), regarding vulnerability assessments and security plans.

(2) Election

Upon review and written determination by the Secretary that existing procedures, protocols, or standards of a railroad carrier satisfy the requirements of this section, the railroad carrier may elect to comply with those procedures, protocols, or standards instead of the requirements of this section.

(3) Partial approval

If the Secretary determines that the existing procedures, protocols, or standards of a railroad carrier satisfy only part of the requirements of this section, the Secretary may accept such submission, but shall require submission by the railroad carrier of any additional information relevant to the vulnerability assessment and security plan of the railroad carrier to ensure that the remaining requirements of this section are fulfilled.

(4) Notification

If the Secretary determines that particular existing procedures, protocols, or standards of a railroad carrier under this subsection do not satisfy the requirements of this section, the Secretary shall provide to the railroad carrier a written notification that includes an explanation of the determination.

(5) Review

Nothing in this subsection shall relieve the Secretary of the obligation—

(A) to review the vulnerability assessment and security plan submitted by a railroad carrier under this section; and

(B) to approve or disapprove each submission on an individual basis.

(k) Periodic evaluation by railroad carriers required

(1) Submission of evaluation

Not later than 3 years after the date on which a vulnerability assessment or security plan required to be submitted to the Secretary under subsection (c) is approved, and at least once every 5 years thereafter (or on such a schedule as the Secretary may establish by regulation), a railroad carrier who submitted a vulnerability assessment and security plan and who is still assigned to the high-risk tier must also submit to the Secretary an evaluation of the adequacy of the vulnerability assessment and security plan that includes a description of any material changes made to the vulnerability assessment or security plan.

(2) Review of evaluation

Not later than 180 days after the date on which an evaluation is submitted, the Secretary shall review the evaluation and notify the railroad carrier submitting the evaluation of the Secretary's approval or disapproval of the evaluation.

(l) Shared facilities

The Secretary may permit under this section the development and implementation of coordinated vulnerability assessments and security plans to the extent that a railroad carrier shares facilities with, or is colocated with, other transportation entities or providers that are required to develop vulnerability assessments and security plans under Federal law.

(m) Consultation

In carrying out this section, the Secretary shall consult with railroad carriers, nonprofit employee labor organizations representation railroad employees, and public safety and law enforcement officials.

(Pub. L. 110–53, title XV, §1512, Aug. 3, 2007, 121 Stat. 429.)

1 So in original. The word "to" probably should not appear.
6 U.S.C. § 301 (2024) — Title 6: DOMESTIC SECURITY / Chapter 1: HOMELAND SECURITY ORGANIZATION / Subchapter IV: BORDER, MARITIME, AND TRANSPORTATION SECURITY / Section 301: Fee agreements for certain services at ports of entry
Fee agreements for certain services at ports of entry
Status: in_force

(a) In general

Notwithstanding section 58c(e) of title 19 and section 1451 of title 19, the Commissioner of U.S. Customs and Border Protection, upon the request of any entity, may enter into a fee agreement with such entity under which—

(1) U.S. Customs and Border Protection shall provide services described in subsection (b) at a United States port of entry or any other facility at which U.S. Customs and Border Protection provides or will provide such services;

(2) such entity shall remit to U.S. Customs and Border Protection a fee imposed under subsection (h) in an amount equal to the full costs that are incurred or will be incurred in providing such services; and

(3) if space is provided by such entity, each facility at which U.S. Customs and Border Protection services are performed shall be maintained and equipped by such entity, without cost to the Federal Government, in accordance with U.S. Customs and Border Protection specifications.

(b) Services described

The services described in this subsection are any activities of any employee or Office of Field Operations contractor of U.S. Customs and Border Protection (except employees of the U.S. Border Patrol, as established under section 211(e) of this title) pertaining to, or in support of, customs, agricultural processing, border security, or immigration inspection-related matters at a port of entry or any other facility at which U.S. Customs and Border Protection provides or will provide services.

(c) Modification of prior agreements

The Commissioner of U.S. Customs and Border Protection, at the request of an entity who has previously entered into an agreement with U.S. Customs and Border Protection for the reimbursement of fees in effect on December 16, 2016, may modify such agreement to implement any provisions of this section.

(d) Limitations

(1) Impacts of services

The Commissioner of U.S. Customs and Border Protection—

(A) may enter into fee agreements under this section only for services that—

(i) will increase or enhance the operational capacity of U.S. Customs and Border Protection based on available staffing and workload; and

(ii) will not shift the cost of services funded in any appropriations Act, or provided from any account in the Treasury of the United States derived by the collection of fees, to entities under this chapter; and

(B) may not enter into a fee agreement under this section if such agreement would unduly and permanently impact services funded in any appropriations Act, or provided from any account in the Treasury of the United States, derived by the collection of fees.

(2) Number

There shall be no limit to the number of fee agreements that the Commissioner of U.S. Customs and Border Protection may enter into under this section.

(e) Air ports of entry

(1) Fee agreement

Except as otherwise provided in this subsection, a fee agreement for U.S. Customs and Border Protection services at an air port of entry may only provide for the payment of overtime costs of U.S. Customs and Border Protection officers and salaries and expenses of U.S. Customs and Border Protection employees to support U.S. Customs and Border Protection officers in performing services described in subsection (b).

(2) Small airports

Notwithstanding paragraph (1), U.S. Customs and Border Protection may receive reimbursement in addition to overtime costs if the fee agreement is for services at an air port of entry that has fewer than 100,000 arriving international passengers annually.

(3) Covered services

In addition to costs described in paragraph (1), a fee agreement for U.S. Customs and Border Protection services at an air port of entry referred to in paragraph (2) may provide for the reimbursement of—

(A) salaries and expenses of not more than five full-time equivalent U.S. Customs and Border Protection Officers beyond the number of such officers assigned to the port of entry on the date on which the fee agreement was signed;

(B) salaries and expenses of employees of U.S. Customs and Border Protection, other than the officers referred to in subparagraph (A), to support U.S. Customs and Border Protection officers in performing law enforcement functions; and

(C) other costs incurred by U.S. Customs and Border Protection relating to services described in subparagraph (B), such as temporary placement or permanent relocation of employees, including incentive pay for relocation, as appropriate.

(f) Port of entry size

The Commissioner of U.S. Customs and Border Protection shall ensure that each fee agreement proposal is given equal consideration regardless of the size of the port of entry.

(g) Denied application

(1) In general

If the Commissioner of U.S. Customs and Border Protection denies a proposal for a fee agreement under this section, the Commissioner shall provide the entity submitting such proposal with the reason for the denial unless—

(A) the reason for the denial is law enforcement sensitive; or

(B) withholding the reason for the denial is in the national security interests of the United States.

(2) Judicial review

Decisions of the Commissioner of U.S. Customs and Border Protection under paragraph (1) are in the discretion of the Commissioner and are not subject to judicial review.

(h) Fee

(1) In general

The amount of the fee to be charged under an agreement authorized under subsection (a) shall be paid by each entity requesting U.S. Customs and Border Protection services, and shall be for the full cost of providing such services, including the salaries and expenses of employees and contractors of U.S. Customs and Border Protection, to provide such services and other costs incurred by U.S. Customs and Border Protection relating to such services, such as temporary placement or permanent relocation of such employees and contractors.

(2) Timing

The Commissioner of U.S. Customs and Border Protection may require that the fee referred to in paragraph (1) be paid by each entity that has entered into a fee agreement under subsection (a) with U.S. Customs and Border Protection in advance of the performance of U.S. Customs and Border Protection services.

(3) Oversight of fees

The Commissioner of U.S. Customs and Border Protection shall develop a process to oversee the services for which fees are charged pursuant to an agreement under subsection (a), including—

(A) a determination and report on the full costs of providing such services, and a process for increasing such fees, as necessary;

(B) the establishment of a periodic remittance schedule to replenish appropriations, accounts, or funds, as necessary; and

(C) the identification of costs paid by such fees.

(i) Deposit of funds

(1) Account

Funds collected pursuant to any agreement entered into pursuant to subsection (a)—

(A) shall be deposited as offsetting collections;

(B) shall remain available until expended without fiscal year limitation; and

(C) shall be credited to the applicable appropriation, account, or fund for the amount paid out of such appropriation, account, or fund for any expenses incurred or to be incurred by U.S. Customs and Border Protection in providing U.S. Customs and Border Protection services under any such agreement and any other costs incurred or to be incurred by U.S. Customs and Border Protection relating to such services.

(2) Return of unused funds

The Commissioner of U.S. Customs and Border Protection shall return any unused funds collected and deposited into the account described in paragraph (1) if a fee agreement entered into pursuant to subsection (a) is terminated for any reason or the terms of such fee agreement change by mutual agreement to cause a reduction of U.S. Customs and Border Protections 1 services. No interest shall be owed upon the return of any such unused funds.

(j) Termination

(1) In general

The Commissioner of U.S. Customs and Border Protection shall terminate the services provided pursuant to a fee agreement entered into under subsection (a) with an entity that, after receiving notice from the Commissioner that a fee under subsection (h) is due, fails to pay such fee in a timely manner. If such services are terminated, all costs incurred by U.S. Customs and Border Protection that have not been paid shall become immediately due and payable. Interest on unpaid fees shall accrue based on the rate and amount established under sections 6621 and 6622 of title 26.

(2) Penalty

Any entity that, after notice and demand for payment of any fee under subsection (h), fails to pay such fee in a timely manner shall be liable for a penalty or liquidated damage equal to two times the amount of such fee. Any such amount collected under this paragraph shall be deposited into the appropriate account specified under subsection (i) and shall be available as described in such subsection.

(3) Termination by the entity

Any entity who has previously entered into an agreement with U.S. Customs and Border Protection for the reimbursement of fees in effect on December 16, 2016, or under the provisions of this section, may request that such agreement be amended to provide for termination upon advance notice, length, and terms that are negotiated between such entity and U.S. Customs and Border Protection.

(k) Annual report

The Commissioner of U.S. Customs and Border Protection shall—

(1) submit an annual report identifying the activities undertaken and the agreements entered into pursuant to this section to—

(A) the Committee on Appropriations of the Senate;

(B) the Committee on Finance of the Senate;

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

(D) the Committee on the Judiciary of the Senate;

(E) the Committee on Appropriations of the House of Representatives;

(F) the Committee on Homeland Security of the House of Representatives;

(G) the Committee on the Judiciary of the House of Representatives; and

(H) the Committee on Ways and Means of the House of Representatives; and

(2) not later than 15 days before entering into a fee agreement, notify the members of Congress that represent the State or Congressional District in which the affected port of entry or facility is located of such agreement.

(l) Rule of construction

Nothing in this section may be construed as imposing on U.S. Customs and Border Protection any responsibilities, duties, or authorities relating to real property.

(Pub. L. 107–296, title IV, §481, as added Pub. L. 114–279, §2(a), Dec. 16, 2016, 130 Stat. 1413.)

Editorial Notes

References in Text

This chapter, referred to in subsec. (d)(1)(A)(ii), was in the original "this Act", meaning Pub. L. 107–296, Nov. 25, 2002, 116 Stat. 2135, known as the Homeland Security Act of 2002, which is classified principally to this chapter. For complete classification of this Act to the Code, see Short Title note set out under section 101 of this title and Tables.

1 So in original. Probably should be "Protection".
6 U.S.C. § 493 (2024) — Title 6: DOMESTIC SECURITY / Chapter 1: HOMELAND SECURITY ORGANIZATION / Subchapter IX: NATIONAL HOMELAND SECURITY COUNCIL / Section 493: Membership
Membership
Status: in_force

(a) Members

The members of the Council shall be the following:

(1) The President.

(2) The Vice President.

(3) The Secretary of Homeland Security.

(4) The Attorney General.

(5) The Secretary of Defense.

(6) Such other individuals as may be designated by the President.

(b) Attendance of Chairman of Joint Chiefs of Staff at meetings

The Chairman of the Joint Chiefs of Staff (or, in the absence of the Chairman, the Vice Chairman of the Joint Chiefs of Staff) may, in the role of the Chairman of the Joint Chiefs of Staff as principal military adviser to the Council and subject to the direction of the President, attend and participate in meetings of the Council.

(Pub. L. 107–296, title IX, §903, Nov. 25, 2002, 116 Stat. 2258; Pub. L. 109–163, div. A, title IX, §908(b), Jan. 6, 2006, 119 Stat. 3404.)

Editorial Notes

Amendments

2006—Pub. L. 109–163 designated existing provisions as subsec. (a), inserted heading, and added subsec. (b).
6 U.S.C. § 317 (2024) — Title 6: DOMESTIC SECURITY / Chapter 1: HOMELAND SECURITY ORGANIZATION / Subchapter V: NATIONAL EMERGENCY MANAGEMENT / Section 317: Regional offices
Regional offices
Status: in_force

(a) In general

There are in the Agency 10 regional offices, as identified by the Administrator.

(b) Management of regional offices

(1) Regional Administrator

Each Regional Office shall be headed by a Regional Administrator who shall be appointed by the Administrator, after consulting with State, local, and tribal government officials in the region. Each Regional Administrator shall report directly to the Administrator and be in the Senior Executive Service.

(2) Qualifications

(A) In general

Each Regional Administrator shall be appointed from among individuals who have a demonstrated ability in and knowledge of emergency management and homeland security.

(B) Considerations

In selecting a Regional Administrator for a Regional Office, the Administrator shall consider the familiarity of an individual with the geographical area and demographic characteristics of the population served by such Regional Office.

(c) Responsibilities

(1) In general

The Regional Administrator shall work in partnership with State, local, and tribal governments, emergency managers, emergency response providers, medical providers, the private sector, nongovernmental organizations, multijurisdictional councils of governments, and regional planning commissions and organizations in the geographical area served by the Regional Office to carry out the responsibilities of a Regional Administrator under this section.

(2) Responsibilities

The responsibilities of a Regional Administrator include—

(A) ensuring effective, coordinated, and integrated regional preparedness, protection, response, recovery, and mitigation activities and programs for natural disasters, acts of terrorism, and other man-made disasters (including planning, training, exercises, and professional development);

(B) assisting in the development of regional capabilities needed for a national catastrophic response system;

(C) coordinating the establishment of effective regional operable and interoperable emergency communications capabilities;

(D) staffing and overseeing 1 or more strike teams within the region under subsection (f), to serve as the focal point of the Federal Government's initial response efforts for natural disasters, acts of terrorism, and other man-made disasters within that region, and otherwise building Federal response capabilities to respond to natural disasters, acts of terrorism, and other man-made disasters within that region;

(E) designating an individual responsible for the development of strategic and operational regional plans in support of the National Response Plan;

(F) fostering the development of mutual aid and other cooperative agreements;

(G) identifying critical gaps in regional capabilities to respond to populations with special needs;

(H) maintaining and operating a Regional Response Coordination Center or its successor;

(I) coordinating with the private sector to help ensure private sector preparedness for natural disasters, acts of terrorism, and other man-made disasters;

(J) assisting State, local, and tribal governments, where appropriate, to preidentify and evaluate suitable sites where a multijurisdictional incident command system may quickly be established and operated from, if the need for such a system arises; and

(K) performing such other duties relating to such responsibilities as the Administrator may require.

(3) Training and exercise requirements

(A) Training

The Administrator shall require each Regional Administrator to undergo specific training periodically to complement the qualifications of the Regional Administrator. Such training, as appropriate, shall include training with respect to the National Incident Management System, the National Response Plan, and such other subjects as determined by the Administrator.

(B) Exercises

The Administrator shall require each Regional Administrator to participate as appropriate in regional and national exercises.

(d) Area offices

(1) In general

There is an Area Office for the Pacific and an Area Office for the Caribbean, as components in the appropriate Regional Offices.

(2) Alaska

The Administrator shall establish an Area Office in Alaska, as a component in the appropriate Regional Office.

(e) Regional Advisory Council

(1) Establishment

Each Regional Administrator shall establish a Regional Advisory Council.

(2) Nominations

A State, local, or tribal government located within the geographic area served by the Regional Office may nominate officials, including Adjutants General and emergency managers, to serve as members of the Regional Advisory Council for that region.

(3) Responsibilities

Each Regional Advisory Council shall—

(A) advise the Regional Administrator on emergency management issues specific to that region;

(B) identify any geographic, demographic, or other characteristics peculiar to any State, local, or tribal government within the region that might make preparedness, protection, response, recovery, or mitigation more complicated or difficult; and

(C) advise the Regional Administrator of any weaknesses or deficiencies in preparedness, protection, response, recovery, and mitigation for any State, local, and tribal government within the region of which the Regional Advisory Council is aware.

(f) Regional Office strike teams

(1) In general

In coordination with other relevant Federal agencies, each Regional Administrator shall oversee multi-agency strike teams authorized under section 5144 of title 42 that shall consist of—

(A) a designated Federal coordinating officer;

(B) personnel trained in incident management;

(C) public affairs, response and recovery, and communications support personnel;

(D) a defense coordinating officer;

(E) liaisons to other Federal agencies;

(F) such other personnel as the Administrator or Regional Administrator determines appropriate; and

(G) individuals from the agencies with primary responsibility for each of the emergency support functions in the National Response Plan.

(2) Other duties

The duties of an individual assigned to a Regional Office strike team from another relevant agency when such individual is not functioning as a member of the strike team shall be consistent with the emergency preparedness activities of the agency that employs such individual.

(3) Location of members

The members of each Regional Office strike team, including representatives from agencies other than the Department, shall be based primarily within the region that corresponds to that strike team.

(4) Coordination

Each Regional Office strike team shall coordinate the training and exercises of that strike team with the State, local, and tribal governments and private sector and nongovernmental entities which the strike team shall support when a natural disaster, act of terrorism, or other man-made disaster occurs.

(5) Preparedness

Each Regional Office strike team shall be trained as a unit on a regular basis and equipped and staffed to be well prepared to respond to natural disasters, acts of terrorism, and other man-made disasters, including catastrophic incidents.

(6) Authorities

If the Administrator determines that statutory authority is inadequate for the preparedness and deployment of individuals in strike teams under this subsection, the Administrator shall report to Congress regarding the additional statutory authorities that the Administrator determines are necessary.

(Pub. L. 107–296, title V, §507, as added Pub. L. 109–295, title VI, §611(13), Oct. 4, 2006, 120 Stat. 1401; amended Pub. L. 110–53, title IV, §404, Aug. 3, 2007, 121 Stat. 303.)

Editorial Notes

Prior Provisions

A prior section 317, Pub. L. 107–296, title V, §507, Nov. 25, 2002, 116 Stat. 2214, related to the role of the Federal Emergency Management Agency, prior to repeal by Pub. L. 109–295, title VI, §611(4), Oct. 4. 2006, 120 Stat. 1395.

Amendments

2007—Subsec. (c)(2)(I) to (K). Pub. L. 110–53 added subpars. (I) and (J) and redesignated former subpar. (I) as (K).

Statutory Notes and Related Subsidiaries

Effective Date

Section effective Mar. 31, 2007, see section 614(b)(3) of Pub. L. 109–295, set out as a note under section 701 of this title.
6 U.S.C. § 271 (2024) — Title 6: DOMESTIC SECURITY / Chapter 1: HOMELAND SECURITY ORGANIZATION / Subchapter IV: BORDER, MARITIME, AND TRANSPORTATION SECURITY / Section 271: Establishment of Bureau of Citizenship and Immigration Services
Establishment of Bureau of Citizenship and Immigration Services
Status: in_force

(a) Establishment of Bureau

(1) In general

There shall be in the Department a bureau to be known as the "Bureau of Citizenship and Immigration Services".

(2) Director

The head of the Bureau of Citizenship and Immigration Services shall be the Director of the Bureau of Citizenship and Immigration Services, who—

(A) shall report directly to the Deputy Secretary;

(B) shall have a minimum of 5 years of management experience; and

(C) shall be paid at the same level as the Assistant Secretary of the Bureau of Border Security.

(3) Functions

The Director of the Bureau of Citizenship and Immigration Services—

(A) shall establish the policies for performing such functions as are transferred to the Director by this section or this chapter or otherwise vested in the Director by law;

(B) shall oversee the administration of such policies;

(C) shall advise the Deputy Secretary with respect to any policy or operation of the Bureau of Citizenship and Immigration Services that may affect the Bureau of Border Security of the Department, including potentially conflicting policies or operations;

(D) shall establish national immigration services policies and priorities;

(E) shall meet regularly with the Ombudsman described in section 272 of this title to correct serious service problems identified by the Ombudsman; and

(F) shall establish procedures requiring a formal response to any recommendations submitted in the Ombudsman's annual report to Congress within 3 months after its submission to Congress.

(4) Managerial rotation program

(A) In general

Not later than 1 year after the effective date specified in section 455,1 the Director of the Bureau of Citizenship and Immigration Services shall design and implement a managerial rotation program under which employees of such bureau holding positions involving supervisory or managerial responsibility and classified, in accordance with chapter 51 of title 5, as a GS–14 or above, shall—

(i) gain some experience in all the major functions performed by such bureau; and

(ii) work in at least one field office and one service center of such bureau.

(B) Report

Not later than 2 years after the effective date specified in section 455,1 the Secretary shall submit a report to Congress on the implementation of such program.

(5) Pilot initiatives for backlog elimination

The Director of the Bureau of Citizenship and Immigration Services is authorized to implement innovative pilot initiatives to eliminate any remaining backlog in the processing of immigration benefit applications, and to prevent any backlog in the processing of such applications from recurring, in accordance with section 1573(a) of title 8. Such initiatives may include measures such as increasing personnel, transferring personnel to focus on areas with the largest potential for backlog, and streamlining paperwork.

(b) Transfer of functions from Commissioner

In accordance with subchapter XII (relating to transition provisions), there are transferred from the Commissioner of Immigration and Naturalization to the Director of the Bureau of Citizenship and Immigration Services the following functions, and all personnel, infrastructure, and funding provided to the Commissioner in support of such functions immediately before the effective date specified in section 455: 1

(1) Adjudications of immigrant visa petitions.

(2) Adjudications of naturalization petitions.

(3) Adjudications of asylum and refugee applications.

(4) Adjudications performed at service centers.

(5) All other adjudications performed by the Immigration and Naturalization Service immediately before the effective date specified in section 455.1

(c) Chief of Policy and Strategy

(1) In general

There shall be a position of Chief of Policy and Strategy for the Bureau of Citizenship and Immigration Services.

(2) Functions

In consultation with Bureau of Citizenship and Immigration Services personnel in field offices, the Chief of Policy and Strategy shall be responsible for—

(A) making policy recommendations and performing policy research and analysis on immigration services issues; and

(B) coordinating immigration policy issues with the Chief of Policy and Strategy for the Bureau of Border Security of the Department.

(d) Legal advisor

(1) In general

There shall be a principal legal advisor to the Director of the Bureau of Citizenship and Immigration Services.

(2) Functions

The legal advisor shall be responsible for—

(A) providing specialized legal advice, opinions, determinations, regulations, and any other assistance to the Director of the Bureau of Citizenship and Immigration Services with respect to legal matters affecting the Bureau of Citizenship and Immigration Services; and

(B) representing the Bureau of Citizenship and Immigration Services in visa petition appeal proceedings before the Executive Office for Immigration Review.

(e) Budget Officer

(1) In general

There shall be a Budget Officer for the Bureau of Citizenship and Immigration Services.

(2) Functions

(A) 2 In general

The Budget Officer shall be responsible for—

(i) formulating and executing the budget of the Bureau of Citizenship and Immigration Services;

(ii) financial management of the Bureau of Citizenship and Immigration Services; and

(iii) collecting all payments, fines, and other debts for the Bureau of Citizenship and Immigration Services.

(f) Chief of Office of Citizenship

(1) In general

There shall be a position of Chief of the Office of Citizenship for the Bureau of Citizenship and Immigration Services.

(2) Functions

The Chief of the Office of Citizenship for the Bureau of Citizenship and Immigration Services shall be responsible for promoting instruction and training on citizenship responsibilities for aliens interested in becoming naturalized citizens of the United States, including the development of educational materials.

(Pub. L. 107–296, title IV, §451, Nov. 25, 2002, 116 Stat. 2195; Pub. L. 110–382, §2(a), Oct. 9, 2008, 122 Stat. 4087.)

Editorial Notes

References in Text

This chapter, referred to in subsec. (a)(3)(A), was in the original "this Act", meaning Pub. L. 107–296, Nov. 25, 2002, 116 Stat. 2135, known as the Homeland Security Act of 2002, which is classified principally to this chapter. For complete classification of this Act to the Code, see Short Title note set out under section 101 of this title and Tables.

For the effective date specified in section 455, referred to in subsecs. (a)(4) and (b), see Effective Date note below.

Amendments

2008—Subsec. (g). Pub. L. 110–382, §§2(a), 4, temporarily added subsec. (g) which established an Office of the FBI Liaison in the Department of Homeland Security, defined its functions, and authorized appropriations. See Termination Date of 2008 Amendment note below.

Statutory Notes and Related Subsidiaries

Change of Name

Bureau of Border Security, referred to in subsecs. (a)(2)(C), (3)(C), and (c)(2)(B), changed to Bureau of Immigration and Customs Enforcement by Reorganization Plan Modification for the Department of Homeland Security, eff. Mar. 1, 2003, H. Doc. No. 108–32, 108th Congress, 1st Session, set out as a note under section 542 of this title.

Termination Date of 2008 Amendment

Pub. L. 110–382, §4, Oct. 9, 2008, 122 Stat. 4089, provided that: "This Act [amending this section and section 1439 of Title 8, Aliens and Nationality, and enacting provisions set out as notes under this section and section 1101 of Title 8] and the amendments made by this Act are repealed on the date that is 5 years after the date of the enactment of this Act [Oct. 9, 2008]."

Effective Date

Pub. L. 107–296, title IV, §455, Nov. 25, 2002, 116 Stat. 2200, provided that: "Notwithstanding section 4 [enacting provisions set out as a note under section 101 of this title], sections 451 through 456 [enacting this section and sections 272 to 275 of this title], and the amendments made by such sections, shall take effect on the date on which the transfer of functions specified under section 441 [enacting section 251 of this title] takes effect." [For date on which transfer of functions specified under section 441 takes effect, see section 251 of this title and Department of Homeland Security Reorganization Plan, Nov. 25, 2002, set out as a note under section 542 of this title.]

Rulemaking

Pub. L. 110–382, §2(b), Oct. 9, 2008, 122 Stat. 4087, which required the Secretary of Homeland Security, in consultation with the Attorney General, to promulgate rules to carry out the amendment made by section 2(a) of Pub. L. 110–382 no later than 180 days after Oct. 9, 2008, was repealed by Pub. L. 110–382, §4, Oct. 9, 2008, 122 Stat. 4089, effective 5 years after Oct. 9, 2008.

1 See References in Text note below.

2 So in original. There is no subpar. (B).
6 U.S.C. § 597a (2024) — Title 6: DOMESTIC SECURITY / Chapter 1: HOMELAND SECURITY ORGANIZATION / Subchapter XIV: COUNTERING WEAPONS OF MASS DESTRUCTION OFFICE / Section 597a: Medical countermeasures
Medical countermeasures
Status: in_force

(a) In general

Subject to the availability of appropriations, the Secretary shall, as appropriate, establish a medical countermeasures program within the components of the Department to—

(1) facilitate personnel readiness and protection for the employees and working animals of the Department in the event of a chemical, biological, radiological, nuclear, or explosives attack, naturally occurring disease outbreak, other event impacting health, or pandemic; and

(2) support the mission continuity of the Department.

(b) Oversight

The Secretary, acting through the Chief Medical Officer of the Department, shall—

(1) provide programmatic oversight of the medical countermeasures program established under subsection (a); and

(2) develop standards for—

(A) medical countermeasure storage, security, dispensing, and documentation;

(B) maintaining a stockpile of medical countermeasures, including antibiotics, antivirals, antidotes, therapeutics, and radiological countermeasures, as appropriate;

(C) ensuring adequate partnerships with manufacturers and executive agencies that enable advance prepositioning by vendors of inventories of appropriate medical countermeasures in strategic locations nationwide, based on risk and employee density, in accordance with applicable Federal statutes and regulations;

(D) providing oversight and guidance regarding the dispensing of stockpiled medical countermeasures;

(E) ensuring rapid deployment and dispensing of medical countermeasures in a chemical, biological, radiological, nuclear, or explosives attack, naturally occurring disease outbreak, other event impacting health, or pandemic;

(F) providing training to employees of the Department on medical countermeasures; and

(G) supporting dispensing exercises.

(c) Medical countermeasures working group

The Secretary, acting through the Chief Medical Officer of the Department, shall establish a medical countermeasures working group comprised of representatives from appropriate components and offices of the Department to ensure that medical countermeasures standards are maintained and guidance is consistent.

(d) Medical countermeasures management

Not later than 120 days after the date on which appropriations are made available to carry out subsection (a), the Chief Medical Officer shall develop and submit to the Secretary an integrated logistics support plan for medical countermeasures, including—

(1) a methodology for determining the ideal types and quantities of medical countermeasures to stockpile and how frequently such methodology shall be reevaluated;

(2) a replenishment plan; and

(3) inventory tracking, reporting, and reconciliation procedures for existing stockpiles and new medical countermeasure purchases.

(e) Transfer

Not later than 120 days after December 27, 2021, the Secretary shall transfer all medical countermeasures-related programmatic and personnel resources from the Under Secretary for Management to the Chief Medical Officer.

(f) Stockpile elements

In determining the types and quantities of medical countermeasures to stockpile under subsection (d), the Secretary, acting through the Chief Medical Officer of the Department—

(1) shall use a risk-based methodology for evaluating types and quantities of medical countermeasures required; and

(2) may use, if available—

(A) chemical, biological, radiological, and nuclear risk assessments of the Department; and

(B) guidance on medical countermeasures of the Office of the Assistant Secretary for Preparedness and Response and the Centers for Disease Control and Prevention.

(g) Briefing

Not later than 180 days after December 27, 2021, the Secretary shall provide a briefing to the Committee on Homeland Security and Governmental Affairs of the Senate and the Committee on Homeland Security of the House of Representatives regarding—

(1) the plan developed under subsection (d); and

(2) implementation of the requirements of this section.

(h) Definition

In this section, the term "medical countermeasures" means antibiotics, antivirals, antidotes, therapeutics, radiological countermeasures, and other countermeasures that may be deployed to protect the employees and working animals of the Department in the event of a chemical, biological, radiological, nuclear, or explosives attack, naturally occurring disease outbreak, other event impacting health, or pandemic.

(Pub. L. 107–296, title XIX, §1932, as added Pub. L. 117–81, div. F, title LXIV, §6408(a), Dec. 27, 2021, 135 Stat. 2404.)
6 U.S.C. § 258 (2024) — Title 6: DOMESTIC SECURITY / Chapter 1: HOMELAND SECURITY ORGANIZATION / Subchapter IV: BORDER, MARITIME, AND TRANSPORTATION SECURITY / Section 258: Homeland Security Investigations Victim Assistance Program
Homeland Security Investigations Victim Assistance Program
Status: in_force

(a) Definitions

In this section:

(1) Forensic interview specialist

The term "forensic interview specialist" is an interview professional who has specialized experience and training in conducting trauma-informed forensic interviews with victims of crime.

(2) Victim

The term "victim" has the meaning given such term in section 20141(e)(2) of title 34.

(3) Victim assistance specialist

The term "victim assistance specialist" is a victim assistance professional who—

(A) has experience working with victims of crime in a service capacity;

(B) has been trained on the exposure of various forms of trauma and other stressors experienced in working with victims; and

(C) may have experience working with local government and community-based organizations, including victim advocacy centers, child advocacy centers, child welfare agencies, faith-based organizations, and other social service programs.

(b) In general

There is established, in Homeland Security Investigations of U.S. Immigration and Customs Enforcement, the Victim Assistance Program.

(c) Functions

The Victim Assistance Program shall—

(1) provide oversight, guidance, training, travel, equipment, and coordination to Homeland Security Investigations victim assistance personnel throughout the United States;

(2) recruit not fewer than—

(A) 1 forensic interview specialist and 1 victim assistance specialist for each Homeland Security Investigations Special Agent in Charge office;

(B) 1 victim assistance specialist for—

(i) every Homeland Security Investigations office participating in a human trafficking task force; and

(ii) every Homeland Security Investigations office participating in a child sexual exploitation task force;

(3) support Homeland Security Investigations regional attaché offices, to the extent necessary;

(4) provide training regarding victims' rights, victim-related policies, roles of forensic interviewers and victim assistance specialists, and an approach that is—

(A) victim-centered;

(B) trauma-informed; and

(C) linguistically appropriate, to the extent feasible; and

(5) purchase emergency items that are needed to assist identified victims in Homeland Security Investigations criminal investigations, including food, clothing, hygiene products, transportation, and temporary shelter that is not otherwise provided by a nongovernmental organization.

(Pub. L. 107–296, title IV, §447, as added Pub. L. 118–96, §3(a), Oct. 1, 2024, 138 Stat. 1570.)

Termination of Section

For termination of section by section 6 of Pub. L. 118–96, see Termination Date note below.

Statutory Notes and Related Subsidiaries

Termination Date

Section to cease to be effective Oct. 1, 2030, see section 6 of Pub. L. 118–96, set out as a Termination Date of 2024 Amendment note under section 252 of this title.

Investigators Maintain Purposeful Awareness to Combat Trafficking Trauma Program

Pub. L. 118–96, §2, Oct. 1, 2024, 138 Stat. 1569, provided that:

"(a) Establishment.—There is established, in Homeland Security Investigations of U.S. Immigration and Customs Enforcement, the Investigators Maintain Purposeful Awareness to Combat Trafficking Trauma Program (referred to in this Act [see Short Title of 2024 Amendment note set out under section 101 of this title] as the 'IMPACTT Program').

"(b) Functions.—The IMPACTT Program shall—

"(1) provide outreach and training to Homeland Security Investigations employees who have been exposed to various forms of trauma in working with victims of human trafficking, including—

"(A) self-awareness training for the relevant employees on recognizing the signs of burnout, compassion fatigue, critical incident stress, traumatic stress, posttraumatic stress, secondary traumatic stress, and vicarious trauma;

"(B) training material that—

"(i) provides mechanisms for self-care and resilience and notification of resources that are available through U.S. Immigration and Customs Enforcement, such as the Employee Assistance Program, the Peer Support Program, the Chaplain Program, and other relevant accredited programs that are available; and

"(ii) provides examples of potential resources that are available outside of U.S. Immigration and Customs Enforcement, which may include, faith-based and community-based resources; and

"(C) provide [sic] additional training to first line supervisors of relevant employees on recognizing the signs referred to in subparagraph (A) and the appropriate responses to employees exhibiting such signs;

"(2) include training modules that are carried out by—

"(A) licensed and accredited clinicians who—

"(i) have been trained on the exposure of various forms of trauma and other stressors experienced in working with victims; and

"(ii) may have experience working with faith-based organizations, community-based organizations, counseling programs, or other social service programs; and

"(B) additional subject matter experts who are available; and

"(3) be overseen and coordinated by the Department of Homeland Security Center for Countering Human Trafficking to ensure that—

"(A) appropriate program materials are distributed;

"(B) training is offered to all relevant employees; and

"(C) any needed travel and equipment is provided."
6 U.S.C. § 143 (2024) — Title 6: DOMESTIC SECURITY / Chapter 1: HOMELAND SECURITY ORGANIZATION / Subchapter II: INFORMATION ANALYSIS / Section 143: Transferred
Transferred
Status: transferred

Editorial Notes

Codification

Section 143, Pub. L. 107–296, title II, §223, Nov. 25, 2002, 116 Stat. 2156; Pub. L. 110–53, title V, §531(b)(1)(A), Aug. 3, 2007, 121 Stat. 334; Pub. L. 113–283, §2(e)(3)(A), Dec. 18, 2014, 128 Stat. 3086, which related to enhancement of Federal and non-Federal cybersecurity, was renumbered section 2205 of Pub. L. 107–296 by Pub. L. 115–278, §2(g)(2)(I), Nov. 16, 2018, 132 Stat. 4178, and transferred to section 655 of this title.

Section 144, Pub. L. 107–296, title II, §224, Nov. 25, 2002, 116 Stat. 2156; Pub. L. 110–53, title V, §531(b)(1)(B), Aug. 3, 2007, 121 Stat. 334, which related to NET Guard, was renumbered section 2206 of Pub. L. 107–296 by Pub. L. 115–278, §2(g)(2)(I), Nov. 16, 2018, 132 Stat. 4178, and transferred to section 656 of this title.

Section 145, Pub. L. 107–296, title II, §225, Nov. 25, 2002, 116 Stat. 2156, which related to Cyber Security Enhancement Act of 2002, was renumbered section 2207 of Pub. L. 107–296 by Pub. L. 115–278, §2(g)(2)(I), Nov. 16, 2018, 132 Stat. 4178, and transferred to section 657 of this title.
6 U.S.C. § 643 (2024) — Title 6: DOMESTIC SECURITY / Chapter 1: HOMELAND SECURITY ORGANIZATION / Subchapter XVII: ANTI-TRAFFICKING TRAINING FOR DEPARTMENT OF HOMELAND SECURITY PERSONNEL / Section 643: Certification and report to Congress
Certification and report to Congress
Status: in_force

(a) Certification

Not later than 1 year after May 29, 2015, the Secretary shall certify to Congress that all personnel referred to in section 402(a) 1 have successfully completed the training required under that section.

(b) Report to Congress

Not later than 1 year after May 29, 2015, and annually thereafter, the Secretary shall report to Congress with respect to the overall effectiveness of the program required by this subchapter, the number of cases reported by Department personnel in which human trafficking was suspected, and, of those cases, the number of cases that were confirmed cases of human trafficking.

(Pub. L. 114–22, title IX, §903, May 29, 2015, 129 Stat. 265.)

Editorial Notes

References in Text

Section 402(a), referred to in subsec. (a), probably should be a reference to section 902(a), meaning section 902(a) of Pub. L. 114–22, which is classified to section 642(a) of this title. Section 402 of Pub. L. 114–22, which is classified to section 21301 of Title 34, Crime Control and Law Enforcement, does not contain a subsec. (a) and does not relate to the training of personnel.

This subchapter, referred to in subsec. (b), was in the original "this title", meaning title IX of Pub. L. 114–22, which is classified principally to this subchapter. For complete classification of title IX to the Code, see Tables.

Codification

Section was enacted as part of the Justice for Victims of Trafficking Act of 2015, and not as part of the Homeland Security Act of 2002 which comprises this chapter.

1 See References in Text note below.
6 U.S.C. § 665m (2024) — Title 6: DOMESTIC SECURITY / Chapter 1: HOMELAND SECURITY ORGANIZATION / Subchapter XVIII: CYBERSECURITY AND INFRASTRUCTURE SECURITY AGENCY / Section 665m: President's Cup Cybersecurity Competition
President's Cup Cybersecurity Competition
Status: in_force

(a) In general

The Director of the Cybersecurity and Infrastructure Security Agency (in this section referred to as the "Director") of the Department of Homeland Security is authorized to hold an annual cybersecurity competition to be known as the "Department of Homeland Security Cybersecurity and Infrastructure Security Agency's President's Cup Cybersecurity Competition" (in this section referred to as the "competition") for the purpose of identifying, challenging, and competitively awarding prizes, including cash prizes, to the United States Government's best cybersecurity practitioners and teams across offensive and defensive cybersecurity disciplines.

(b) Eligibility

To be eligible to participate in the competition, an individual shall be a Federal civilian employee or member of the uniformed services (as such term is defined in section 2101(3) of title 5) and shall comply with any rules promulgated by the Director regarding the competition.

(c) Competition administration

The Director may enter into a grant, contract, cooperative agreement, or other agreement with a private sector for-profit or nonprofit entity or State or local government agency to administer the competition.

(d) Competition parameters

Each competition shall incorporate the following elements:

(1) Cybersecurity skills outlined in the National Initiative for Cybersecurity Education Framework, or any successor framework.

(2) Individual and team events.

(3) Categories demonstrating offensive and defensive cyber operations, such as software reverse engineering and exploitation, network operations, forensics, big data analysis, cyber analysis, cyber defense, cyber exploitation, secure programming, obfuscated coding, or cyber-physical systems.

(4) Any other elements related to paragraphs (1), (2), or (3), as determined necessary by the Director.

(e) Use of funds

(1) In general

In order to further the goals and objectives of the competition, the Director may use amounts made available to the Director for the competition for reasonable expenses for the following:

(A) Advertising, marketing, and promoting the competition.

(B) Meals for participants and organizers of the competition if attendance at the meal during the competition is necessary to maintain the integrity of the competition.

(C) Promotional items, including merchandise and apparel.

(D) Consistent with section 4503 of title 5, necessary expenses for the honorary recognition of competition participants, including members of the uniformed services.

(E) Monetary and nonmonetary awards for competition participants, including members of the uniformed services, subject to subsection (f).

(2) Application

This subsection shall apply to amounts appropriated on or after December 23, 2022.

(f) Prize limitation

(1) Awards by the Director

The Director may make one or more awards per competition, except that the amount or value of each shall not exceed $10,000.

(2) Awards by the Secretary of Homeland Security

The Secretary of Homeland Security may make one or more awards per competition, except the amount or the value of each shall not exceed $25,000.

(3) Regular pay

A monetary award under this section shall be in addition to the regular pay of the recipient.

(4) Overall yearly award limit

The total amount or value of awards made under this Act 1 during a fiscal year may not exceed $100,000.

(g) Reporting requirements

The Director shall annually provide to the Committee on Homeland Security of the House of Representatives and the Committee on Homeland Security and Governmental Affairs of the Senate a report that includes the following with respect to each competition conducted in the preceding year:

(1) A description of available amounts.

(2) A description of authorized expenditures.

(3) Information relating to participation.

(4) Information relating to lessons learned, and how such lessons may be applied to improve cybersecurity operations and recruitment of the Cybersecurity and Infrastructure Security Agency of the Department of Homeland Security.

(Pub. L. 117–263, div. G, title LXXI, §7121, Dec. 23, 2022, 136 Stat. 3638.)

Editorial Notes

References in Text

This Act, referred to in subsec. (f)(4), is Pub. L. 117–263, Dec. 23, 2022, 136 Stat. 2395, known as the James M. Inhofe National Defense Authorization Act for Fiscal Year 2023, but probably means H.R. 6824, 117th Cong., 2d Sess. (as reported to the Senate), known as the President's Cup Cybersecurity Competition Act, which consisted only of the section containing the short title and this section. The reference to "this Act" from the original was not updated when the text of H.R. 6824 was incorporated into Pub. L. 117–263.

Codification

Section was enacted as part of the James M. Inhofe National Defense Authorization Act for Fiscal Year 2023, and not as part of the Homeland Security Act of 2002 which comprises this chapter.

1 So in original. Probably should refer to "this section". See References in Text note below.
6 U.S.C. § 775 (2024) — Title 6: DOMESTIC SECURITY / Chapter 2: NATIONAL EMERGENCY MANAGEMENT / Subchapter II: COMPREHENSIVE PREPAREDNESS SYSTEM / Section 775: National Emergency Family Registry and Locator System
National Emergency Family Registry and Locator System
Status: in_force

(a) Definitions

In this section—

(1) the term "displaced individual" means an individual displaced by an emergency or major disaster; and

(2) the term "National Emergency Family Registry and Locator System" means the National Emergency Family Registry and Locator System established under subsection (b).

(b) Establishment

Not later than 180 days after October 4, 2006, the Administrator shall establish a National Emergency Family Registry and Locator System to help reunify families separated after an emergency or major disaster.

(c) Operation of System

The National Emergency Family Registry and Locator System shall—

(1) allow a displaced adult (including medical patients) to voluntarily register (and allow an adult that is the parent or guardian of a displaced child to register such child), by submitting personal information to be entered into a database (such as the name, current location of residence, and any other relevant information that could be used by others seeking to locate that individual);

(2) ensure that information submitted under paragraph (1) is accessible to those individuals named by a displaced individual and to those law enforcement officials;

(3) be accessible through the Internet and through a toll-free number, to receive reports of displaced individuals; and

(4) include a means of referring displaced children to the National Emergency Child Locator Center established under section 774 of this title.

(d) Publication of information

Not later than 210 days after October 4, 2006, the Administrator shall establish a mechanism to inform the public about the National Emergency Family Registry and Locator System and its potential usefulness for assisting to reunite displaced individuals with their families.

(e) Coordination

Not later than 90 days after October 4, 2006, the Administrator shall enter a memorandum of understanding with the Department of Justice, the National Center for Missing and Exploited Children, the Department of Health and Human Services, and the American Red Cross and other relevant private organizations that will enhance the sharing of information to facilitate reuniting displaced individuals (including medical patients) with their families.

(f) Report

Not later than 270 days after October 4, 2006, the Administrator shall submit to the appropriate committees of Congress a report describing in detail the status of the National Emergency Family Registry and Locator System, including any difficulties or issues in establishing the System, including funding issues.

(Pub. L. 109–295, title VI, §689c, Oct. 4, 2006, 120 Stat. 1451.)
6 U.S.C. § 765 (2024) — Title 6: DOMESTIC SECURITY / Chapter 2: NATIONAL EMERGENCY MANAGEMENT / Subchapter II: COMPREHENSIVE PREPAREDNESS SYSTEM / Section 765: Real property transactions
Real property transactions
Status: in_force

(a) Reports to the Armed Services Committees

The Director of the Office of Civil and Defense Mobilization, or his designee, may not enter into any of the following listed transactions by or for the use of that agency until after the expiration of thirty days from the date upon which a report of the facts concerning the proposed transaction is submitted to the Committees on Armed Services of the Senate and House of Representatives:

(1) An acquisition of fee title to any real property, if the estimated price is more than $50,000.

(2) A lease of any real property to the United States, if the estimated annual rental is more than $50,000.

(3) A lease of real property owned by the United States, if the estimated annual rental is more than $50,000.

(4) A transfer of real property owned by the United States to another Federal agency or to a State, if the estimated value is more than $50,000.

(5) A report of excess real property owned by the United States to a disposal agency, if the estimated value is more than $50,000.

If a transaction covered by clause (1) or (2) is part of a project, the report must include a summarization of the general plan for that project, including an estimate of the total cost of the lands to be acquired or leases to be made.

(b) Annual reports to Armed Services Committees

The Director of the Office of Civil and Defense Mobilization shall report annually to the Committees on Armed Services of the Senate and the House of Representatives on transactions described in subsection (a) that involve an estimated value of more than $5,000 but not more than $50,000.

(c) Real property governed by this section

This section applies only to real property in the States of the Union, the District of Columbia, and Puerto Rico. It does not apply to real property for river and harbor projects or flood-control projects, or to leases of Government-owned real property for agricultural or grazing purposes.

(d) Recital of compliance in instrument of conveyance as conclusive

A statement in an instrument of conveyance, including a lease, that the requirements of this section have been met, or that the conveyance is not subject to this section, is conclusive.

(Aug. 10, 1956, ch. 1041, §43, 70A Stat. 636; Pub. L. 86–70, §37, June 25, 1959, 73 Stat. 150; Pub. L. 86–500, title V, §512, June 8, 1960, 74 Stat. 187; Pub. L. 86–624, §38, June 12, 1960, 74 Stat. 421; Pub. L. 96–470, title II, §202(c), Oct. 19, 1980, 94 Stat. 2242.)

Editorial Notes

Codification

Section was formerly classified to section 2285 of the former Appendix to Title 50, War and National Defense, prior to editorial reclassification and renumbering as this section.

Prior to classification as section 2285, section was formerly classified to section 171x of Title 5 prior to the general revision and enactment of Title 5, Government Organization and Employees, by Pub. L. 89–554, §1, Sept. 6, 1966, 80 Stat. 378.

Section was enacted as a part of act Aug. 10, 1956, ch. 1041, and not as part of the Post-Katrina Emergency Management Reform Act of 2006 which comprises this chapter.

Amendments

1980—Subsec. (b). Pub. L. 96–470 substituted "annually" for "quarterly".

1960—Subsec. (a). Pub. L. 86–500 substituted "Director of the Office of Civil and Defense Mobilization" for "Administrator of the Federal Civil Defense Administration", prohibited the Director from entering into any of the transactions listed in subsec. (a) until after the expiration of 30 days from the date upon which a report of the facts concerning the proposed transaction is submitted to the Committees on Armed Services of the Senate and House of Representatives, and increased the amounts in cls. (1) to (5) from $25,000 to $50,000.

Subsec. (b). Pub. L. 86–500 substituted "Director of the Office of Civil and Defense Mobilization" for "Administrator" and "$50,000" for "$25,000".

Subsec. (c). Pub. L. 86–624 substituted "States of the Union, the District of Columbia" for "United States, Hawaii."

Pub. L. 86–500 struck out ", Hawaii," after "United States".

Subsec. (d). Pub. L. 86–500 reenacted subsection without change.

1959—Subsec. (c). Pub. L. 86–70 struck out "Alaska," after "United States,".

Statutory Notes and Related Subsidiaries

Termination of Reporting Requirements

For termination, effective May 15, 2000, of provisions of law requiring submittal to Congress of any annual, semiannual, or other regular periodic report listed in House Document No. 103–7 (in which a report required under 50 U.S.C. app. 2285(b) (now subsec. (b) of this section) is listed as the 10th item on page 169), see section 3003 of Pub. L. 104–66, as amended, set out as a note under section 1113 of Title 31, Money and Finance.

Transfer of Functions

Pub. L. 85–763, Aug. 26, 1958, 72 Stat. 861, amended Reorg. Plan No. 1 of 1958 by redesignating Office of Defense and Civilian Mobilization as Office of Civil and Defense Mobilization.

Pub. L. 87–296, Sept. 22, 1961, 75 Stat. 630, amended Reorg. Plan No. 1 of 1958 by redesignating Office of Civil and Defense Mobilization as Office of Emergency Planning.

Office of Emergency Planning renamed Office of Emergency Preparedness pursuant to section 402 of Pub. L. 90–608, Oct. 21, 1968, 82 Stat. 1194, which provided that references to Office of Emergency Planning after Oct. 21, 1968, should be deemed references to Office of Emergency Preparedness.

For transfer of all functions, personnel, assets, components, authorities, grant programs, and liabilities of the Federal Emergency Management Agency, including the functions of the Under Secretary for Federal Emergency Management relating thereto, to the Federal Emergency Management Agency, see section 315(a)(1) of this title.

For transfer of functions, personnel, assets, and liabilities of the Federal Emergency Management Agency, including the functions of the Director of the Federal Emergency Management Agency relating thereto, to the Secretary of Homeland Security, and for treatment of related references, see former section 313(1) and sections 551(d), 552(d), and 557 of this title, and the Department of Homeland Security Reorganization Plan of November 25, 2002, as modified, set out as a note under section 542 of this title.

Executive Documents

Transfer of Functions

Functions of Federal Civil Defense Administration transferred to President by section 1 of Reorg. Plan No. 1 of 1958, eff. July 1, 1958, 23 F.R. 4991, 72 Stat. 1799, as amended, set out as a note under section 5195 of Title 42, The Public Health and Welfare. The Plan created a new agency in Executive Office of President known as Office of Defense and Civilian Mobilization.

Office of Emergency Preparedness, including offices of Director, Deputy Director, Assistant Directors, and Regional Directors, abolished and functions vested by law in Office of Emergency Preparedness or Director of Office of Emergency Preparedness transferred to President by sections 1 and 3(a)(1) of Reorg. Plan No. 1 of 1973, eff. July 1, 1973, 38 F.R. 9579, 87 Stat. 1089, set out as a note under section 5195 of Title 42, The Public Health and Welfare.

Functions vested in Director of Office of Emergency Preparedness as of June 30, 1973, by Executive Order, proclamation, or other directive issued by or on behalf of President or otherwise, with certain exceptions, transferred to Administrator of General Services, effective July 1, 1973, by Ex. Ord. No. 11725, §3, eff. June 29, 1973, 38 F.R. 17175, formerly set out as a note under section 2271 of the former Appendix to Title 50, War and National Defense.

Functions of Administrator of Federal Civil Defense Administration under this section, previously transferred to President, delegated to Director of Federal Emergency Management Agency by section 4–105 of Ex. Ord. No. 12148, July 20, 1979, 44 F.R. 43242, set out as a note under section 5195 of Title 42, The Public Health and Welfare.
6 U.S.C. § 105 (2024) — Title 6: DOMESTIC SECURITY / Chapter 1: HOMELAND SECURITY ORGANIZATION / Section 105: Biodefense analysis and budget submission
Biodefense analysis and budget submission
Status: in_force

(a) Annual analysis

For each fiscal year, beginning in fiscal year 2023, the Director of the Office of Management and Budget, in consultation with the Secretary of Health and Human Services shall—

(1) conduct a detailed and comprehensive analysis of Federal biodefense programs; and

(2) develop an integrated biodefense budget submission.

(b) Definition of biodefense

In accordance with the National Biodefense Strategy, the Director shall develop and disseminate to all Federal departments and agencies a unified definition of the term "biodefense" to identify which programs and activities are included in the annual budget submission required under subsection (a).

(c) Requirements for analysis

The analysis required under subsection (a) shall include—

(1) the display of all funds requested for biodefense activities, both mandatory and discretionary, by agency and categorized by biodefense enterprise element, such as threat awareness, prevention, deterrence, preparedness, surveillance and detection, response, attribution (including bioforensic capabilities), recovery, and mitigation; and

(2) detailed explanations of how each program and activity included aligns with biodefense goals and objectives as part of the National Biodefense Strategy required under section 104 of this title.

(d) Submittal to Congress

The Director, in consultation with the Secretary of Health and Human Services, shall submit to Congress the analysis required under subsection (a) for a fiscal year concurrently with the President's annual budget request for that fiscal year.

(Pub. L. 116–283, div. A, title III, §363, Jan. 1, 2021, 134 Stat. 3547.)

Editorial Notes

Codification

Section was enacted as part of the William M. (Mac) Thornberry National Defense Authorization Act for Fiscal Year 2021, and not as part of the Homeland Security Act of 2002 which comprises this chapter.
6 U.S.C. § 298 (2024) — Title 6: DOMESTIC SECURITY / Chapter 1: HOMELAND SECURITY ORGANIZATION / Subchapter IV: BORDER, MARITIME, AND TRANSPORTATION SECURITY / Section 298: Immigration functions
Immigration functions
Status: in_force

(a) Annual report

(1) In general

One year after November 25, 2002, and each year thereafter, the Secretary shall submit a report to the President, to the Committees on the Judiciary and Government Reform of the House of Representatives, and to the Committees on the Judiciary and Government Affairs of the Senate, on the impact the transfers made by this part has had on immigration functions.

(2) Matter included

The report shall address the following with respect to the period covered by the report:

(A) The aggregate number of all immigration applications and petitions received, and processed, by the Department.

(B) Region-by-region statistics on the aggregate number of immigration applications and petitions filed by an alien (or filed on behalf of an alien) and denied, disaggregated by category of denial and application or petition type.

(C) The quantity of backlogged immigration applications and petitions that have been processed, the aggregate number awaiting processing, and a detailed plan for eliminating the backlog.

(D) The average processing period for immigration applications and petitions, disaggregated by application or petition type.

(E) The number and types of immigration-related grievances filed with any official of the Department of Justice, and if those grievances were resolved.

(F) Plans to address grievances and improve immigration services.

(G) Whether immigration-related fees were used consistent with legal requirements regarding such use.

(H) Whether immigration-related questions conveyed by customers to the Department (whether conveyed in person, by telephone, or by means of the Internet) were answered effectively and efficiently.

(b) Sense of Congress regarding immigration services

It is the sense of Congress that—

(1) the quality and efficiency of immigration services rendered by the Federal Government should be improved after the transfers made by this part take effect; and

(2) the Secretary should undertake efforts to guarantee that concerns regarding the quality and efficiency of immigration services are addressed after such effective date.

(Pub. L. 107–296, title IV, §478, Nov. 25, 2002, 116 Stat. 2211.)

Statutory Notes and Related Subsidiaries

Change of Name

Committee on Government Reform of House of Representatives changed to Committee on Oversight and Government Reform of House of Representatives by House Resolution No. 6, One Hundred Tenth Congress, Jan. 5, 2007. Committee on Oversight and Government Reform of House of Representatives changed to Committee on Oversight and Reform of House of Representatives by House Resolution No. 6, One Hundred Sixteenth Congress, Jan. 9, 2019. Committee on Oversight and Reform of House of Representatives changed to Committee on Oversight and Accountability of House of Representatives by House Resolution No. 5, One Hundred Eighteenth Congress, Jan. 9, 2023.

Committee on Governmental Affairs of Senate changed to Committee on Homeland Security and Governmental Affairs of Senate, effective Jan. 4, 2005, by Senate Resolution No. 445, One Hundred Eighth Congress, Oct. 9, 2004.
6 U.S.C. § 396 (2024) — Title 6: DOMESTIC SECURITY / Chapter 1: HOMELAND SECURITY ORGANIZATION / Subchapter VIII: COORDINATION WITH NON-FEDERAL ENTITIES; INSPECTOR GENERAL; UNITED STATES SECRET SERVICE; COAST GUARD; GENERAL PROVISIONS / Section 396: Lead system integrator; financial interests
Lead system integrator; financial interests
Status: in_force

(a) In general

With respect to contracts entered into after July 1, 2007, and except as provided in subsection (b), no entity performing lead system integrator functions in the acquisition of a major system by the Department of Homeland Security may have any direct financial interest in the development or construction of any individual system or element of any system of systems.

(b) Exception

An entity described in subsection (a) may have a direct financial interest in the development or construction of an individual system or element of a system of systems if—

(1) the Secretary of Homeland Security certifies to the Committees on Appropriations of the Senate and the House of Representatives, the Committee on Homeland Security of the House of Representatives, the Committee on Transportation and Infrastructure of the House of Representatives, the Committee on Homeland Security and Governmental Affairs of the Senate, and the Committee on Commerce, Science and Transportation of the Senate that—

(A) the entity was selected by the Department of Homeland Security as a contractor to develop or construct the system or element concerned through the use of competitive procedures; and

(B) the Department took appropriate steps to prevent any organizational conflict of interest in the selection process; or

(2) the entity was selected by a subcontractor to serve as a lower-tier subcontractor, through a process over which the entity exercised no control.

(c) Construction

Nothing in this section shall be construed to preclude an entity described in subsection (a) from performing work necessary to integrate two or more individual systems or elements of a system of systems with each other.

(d) Regulations update

Not later than July 1, 2007, the Secretary of Homeland Security shall update the acquisition regulations of the Department of Homeland Security in order to specify fully in such regulations the matters with respect to lead system integrators set forth in this section. Included in such regulations shall be: (1) a precise and comprehensive definition of the term "lead system integrator", modeled after that used by the Department of Defense; and (2) a specification of various types of contracts and fee structures that are appropriate for use by lead system integrators in the production, fielding, and sustainment of complex systems.

(Pub. L. 110–28, title VI, §6405, May 25, 2007, 121 Stat. 176.)

Editorial Notes

Codification

Section was enacted as part of the U.S. Troop Readiness, Veterans' Care, Katrina Recovery, and Iraq Accountability Appropriations Act, 2007, and not as part of the Homeland Security Act of 2002 which comprises this chapter.
6 U.S.C. § 613 (2024) — Title 6: DOMESTIC SECURITY / Chapter 1: HOMELAND SECURITY ORGANIZATION / Subchapter XV: HOMELAND SECURITY GRANTS / Section 613: Identification of reporting redundancies and development of performance metrics
Identification of reporting redundancies and development of performance metrics
Status: in_force

(a) Definition

In this section, the term "covered grants" means grants awarded under section 604 of this title, grants awarded under section 605 of this title, and any other grants specified by the Administrator.

(b) Initial report

Not later than 90 days after October 12, 2010, the Administrator shall submit to the appropriate committees of Congress a report that includes—

(1) an assessment of redundant reporting requirements imposed by the Administrator on State, local, and tribal governments in connection with the awarding of grants, including—

(A) a list of each discrete item of data requested by the Administrator from grant recipients as part of the process of administering covered grants;

(B) identification of the items of data from the list described in subparagraph (A) that are required to be submitted by grant recipients on multiple occasions or to multiple systems; and

(C) identification of the items of data from the list described in subparagraph (A) that are not necessary to be collected in order for the Administrator to effectively and efficiently administer the programs under which covered grants are awarded;

(2) a plan, including a specific timetable, for eliminating any redundant and unnecessary reporting requirements identified under paragraph (1); and

(3) a plan, including a specific timetable, for promptly developing a set of quantifiable performance measures and metrics to assess the effectiveness of the programs under which covered grants are awarded.

(c) Biennial reports

Not later than 1 year after the date on which the initial report is required to be submitted under subsection (b), and once every 2 years thereafter, the Administrator shall submit to the appropriate committees of Congress a grants management report that includes—

(1) the status of efforts to eliminate redundant and unnecessary reporting requirements imposed on grant recipients, including—

(A) progress made in implementing the plan required under subsection (b)(2);

(B) a reassessment of the reporting requirements to identify and eliminate redundant and unnecessary requirements;

(2) the status of efforts to develop quantifiable performance measures and metrics to assess the effectiveness of the programs under which the covered grants are awarded, including—

(A) progress made in implementing the plan required under subsection (b)(3);

(B) progress made in developing and implementing additional performance metrics and measures for grants, including as part of the comprehensive assessment system required under section 749 of this title; and

(3) a performance assessment of each program under which the covered grants are awarded, including—

(A) a description of the objectives and goals of the program;

(B) an assessment of the extent to which the objectives and goals described in subparagraph (A) have been met, based on the quantifiable performance measures and metrics required under this section, section 612(a)(4) 1 of this title, and section 749 of this title;

(C) recommendations for any program modifications to improve the effectiveness of the program, to address changed or emerging conditions; and

(D) an assessment of the experience of recipients of covered grants, including the availability of clear and accurate information, the timeliness of reviews and awards, and the provision of technical assistance, and recommendations for improving that experience.

(d) Grants program measurement study

(1) In general

Not later than 30 days after October 12, 2010, the Administrator shall enter into a contract with the National Academy of Public Administration under which the National Academy of Public Administration shall assist the Administrator in studying, developing, and implementing—

(A) quantifiable performance measures and metrics to assess the effectiveness of grants administered by the Department, as required under this section and section 749 of this title; and

(B) the plan required under subsection (b)(3).

(2) Report

Not later than 1 year after the date on which the contract described in paragraph (1) is awarded, the Administrator shall submit to the appropriate committees of Congress a report that describes the findings and recommendations of the study conducted under paragraph (1).

(3) Authorization of appropriations

There are authorized to be appropriated to the Administrator such sums as may be necessary to carry out this subsection.

(Pub. L. 107–296, title XX, §2023, as added Pub. L. 111–271, §2(a), Oct. 12, 2010, 124 Stat. 2852.)

Editorial Notes

References in Text

Section 612(a)(4) of this title, referred to in subsec. (c)(3)(B), was redesignated section 612(a)(3) of this title by Pub. L. 113–284, §2(c)(2)(A), Dec. 18, 2014, 128 Stat. 3089.

1 See References in Text note below.
6 U.S.C. § 722 (2024) — Title 6: DOMESTIC SECURITY / Chapter 2: NATIONAL EMERGENCY MANAGEMENT / Subchapter I: PERSONNEL PROVISIONS / Section 722: Urban Search and Rescue Response System
Urban Search and Rescue Response System
Status: in_force

(a) In general

There is in the Agency a system known as the Urban Search and Rescue Response System.

(b) Authorization of appropriations

There is authorized to be appropriated to carry out the system for fiscal year 2008, an amount equal to the amount appropriated for the system for fiscal year 2007 and an additional $20,000,000.

(Pub. L. 109–295, title VI, §634, Oct. 4, 2006, 120 Stat. 1421.)
6 U.S.C. § 752 (2024) — Title 6: DOMESTIC SECURITY / Chapter 2: NATIONAL EMERGENCY MANAGEMENT / Subchapter II: COMPREHENSIVE PREPAREDNESS SYSTEM / Section 752: Reporting requirements
Reporting requirements
Status: in_force

(a) Federal preparedness report

(1) In general

Not later than 12 months after October 4, 2006, and annually thereafter, the Administrator, in coordination with the heads of appropriate Federal agencies, shall submit to the appropriate committees of Congress a report on the Nation's level of preparedness for all hazards, including natural disasters, acts of terrorism, and other man-made disasters.

(2) Contents

Each report shall include—

(A) an assessment of how Federal assistance supports the national preparedness system;

(B) the results of the comprehensive assessment carried out under section 749 of this title;

(C) a review of the inventory described in section 751 of this title, including the number and type of credentialed personnel in each category of personnel trained and ready to respond to a natural disaster, act of terrorism, or other man-made disaster;

(D) an assessment of resource needs to meet preparedness priorities established under section 746(e) of this title, including—

(i) an estimate of the amount of Federal, State, local, and tribal expenditures required to attain the preparedness priorities; and

(ii) the extent to which the use of Federal assistance during the preceding fiscal year achieved the preparedness priorities;

(E) an evaluation of the extent to which grants administered by the Department, including grants under title XX of the Homeland Security Act of 2002 [6 U.S.C. 601 et seq.]—

(i) have contributed to the progress of State, local, and tribal governments in achieving target capabilities; and

(ii) have led to the reduction of risk from natural disasters, acts of terrorism, or other man-made disasters nationally and in State, local, and tribal jurisdictions; and

(F) a discussion of whether the list of credentialed personnel of the Agency described in section 751(b)(2) of this title—

(i) complies with the strategic human capital plan developed under section 10102 of title 5; and

(ii) is sufficient to respond to a natural disaster, act of terrorism, or other man-made disaster, including a catastrophic incident.

(b) Catastrophic resource report

(1) In general

The Administrator shall develop and submit to the appropriate committees of Congress annually an estimate of the resources of the Agency and other Federal agencies needed for and devoted specifically to developing the capabilities of Federal, State, local, and tribal governments necessary to respond to a catastrophic incident.

(2) Contents

Each estimate under paragraph (1) shall include the resources both necessary for and devoted to—

(A) planning;

(B) training and exercises;

(C) Regional Office enhancements;

(D) staffing, including for surge capacity during a catastrophic incident;

(E) additional logistics capabilities;

(F) other responsibilities under the catastrophic incident annex and the catastrophic incident supplement of the National Response Plan;

(G) State, local, and tribal government catastrophic incident preparedness; and

(H) covering increases in the fixed costs or expenses of the Agency, including rent or property acquisition costs or expenses, taxes, contributions to the working capital fund of the Department, and security costs for the year after the year in which such estimate is submitted.

(c) State preparedness report

(1) In general

Not later than 15 months after October 4, 2006, and annually thereafter, a State receiving Federal preparedness assistance administered by the Department shall submit a report to the Administrator on the State's level of preparedness.

(2) Contents

Each report shall include—

(A) an assessment of State compliance with the national preparedness system, National Incident Management System, National Response Plan, and other related plans and strategies;

(B) an assessment of current capability levels and a description of target capability levels; and

(C) a discussion of the extent to which target capabilities identified in the applicable State homeland security plan and other applicable plans remain unmet and an assessment of resources needed to meet the preparedness priorities established under section 746(e) of this title, including—

(i) an estimate of the amount of expenditures required to attain the preparedness priorities; and

(ii) the extent to which the use of Federal assistance during the preceding fiscal year achieved the preparedness priorities.

(Pub. L. 109–295, title VI, §652, Oct. 4, 2006, 120 Stat. 1429; Pub. L. 110–53, title I, §103, title IV, §406, Aug. 3, 2007, 121 Stat. 293, 304.)

Editorial Notes

References in Text

The Homeland Security Act of 2002, referred to in subsec. (a)(2)(E), is Pub. L. 107–296, Nov. 25, 2002, 116 Stat. 2135. Title XX of the Act is classified generally to subchapter XV (§601 et seq.) of chapter 1 of this title. For complete classification of this Act to the Code, see Short Title note set out under section 101 of this title and Tables.

Amendments

2007—Subsec. (a)(2)(C). Pub. L. 110–53, §406(1), substituted "section 751 of this title, including the number and type of credentialed personnel in each category of personnel trained and ready to respond to a natural disaster, act of terrorism, or other man-made disaster" for "section 751(a) of this title".

Subsec. (a)(2)(E). Pub. L. 110–53, §103(a), added subpar. (E).

Subsec. (a)(2)(F). Pub. L. 110–53, §406(2)–(4), added subpar. (F).

Subsec. (c)(2)(C). Pub. L. 110–53, §103(b), which directed amendment of subpar. (D) by substituting "a discussion of the extent to which target capabilities identified in the applicable State homeland security plan and other applicable plans remain unmet and an assessment of resources needed" for "an assessment of resource needs", was executed by making the substitution in subpar. (C) to reflect the probable intent of Congress.
6 U.S.C. § 1186 (2024) — Title 6: DOMESTIC SECURITY / Chapter 4: TRANSPORTATION SECURITY / Subchapter IV: SURFACE TRANSPORTATION SECURITY / Section 1186: Memorandum of Understanding annex
Memorandum of Understanding annex
Status: in_force

Not later than 1 year after August 3, 2007, the Secretary of Transportation and the Secretary shall execute and develop an annex to the Memorandum of Understanding between the two departments signed on September 28, 2004, governing the specific roles, delineations of responsibilities, resources, and commitments of the Department of Transportation and the Department of Homeland Security, respectively, in addressing motor carrier transportation security matters, including over-the-road bus security matters, and shall cover the processes the Departments will follow to promote communications, efficiency, and nonduplication of effort.

(Pub. L. 110–53, title XV, §1541, Aug. 3, 2007, 121 Stat. 469.)
6 U.S.C. § 212 (2024) — Title 6: DOMESTIC SECURITY / Chapter 1: HOMELAND SECURITY ORGANIZATION / Subchapter IV: BORDER, MARITIME, AND TRANSPORTATION SECURITY / Section 212: Retention of Customs revenue functions by Secretary of the Treasury
Retention of Customs revenue functions by Secretary of the Treasury
Status: in_force

(a) Retention of Customs revenue functions by Secretary of the Treasury

(1) Retention of authority

Notwithstanding section 203(a)(1) 1 of this title, authority related to Customs revenue functions that was vested in the Secretary of the Treasury by law before the effective date of this chapter under those provisions of law set forth in paragraph (2) shall not be transferred to the Secretary by reason of this chapter, and on and after the effective date of this chapter, the Secretary of the Treasury may delegate any such authority to the Secretary at the discretion of the Secretary of the Treasury. The Secretary of the Treasury shall consult with the Secretary regarding the exercise of any such authority not delegated to the Secretary.

(2) Statutes

The provisions of law referred to in paragraph (1) are the following: the Tariff Act of 1930 [19 U.S.C. 1202 et seq.]; section 249 of the Revised Statutes of the United States (19 U.S.C. 3); section 2 of the Act of March 4, 1923 (19 U.S.C. 6); section 13031 of the Consolidated Omnibus Budget Reconciliation Act of 1985 (19 U.S.C. 58c); section 251 of the Revised Statutes of the United States (19 U.S.C. 66); section 1 of the Act of June 26, 1930 (19 U.S.C. 68); the Foreign Trade Zones Act (19 U.S.C. 81a et seq.); section 1 of the Act of March 2, 1911 (19 U.S.C. 198); the Trade Act of 1974 [19 U.S.C. 2101 et seq.]; the Trade Agreements Act of 1979; the North American Free Trade Area Implementation Act; the Uruguay Round Agreements Act; the Caribbean Basin Economic Recovery Act [19 U.S.C. 2701 et seq.]; the Andean Trade Preference Act [19 U.S.C. 3201 et seq.]; the African Growth and Opportunity Act [19 U.S.C. 3701 et seq.]; and any other provision of law vesting customs revenue functions in the Secretary of the Treasury.

(b) Maintenance of Customs revenue functions

(1) Maintenance of functions

Notwithstanding any other provision of this chapter, the Secretary may not consolidate, discontinue, or diminish those functions described in paragraph (2) performed by U.S. Customs and Border Protection (as established under section 211 of this title) on or after the effective date of this chapter, reduce the staffing level, or reduce the resources attributable to such functions, and the Secretary shall ensure that an appropriate management structure is implemented to carry out such functions.

(2) Functions

The functions referred to in paragraph (1) are those functions performed by the following personnel, and associated support staff, of U.S. Customs and Border Protection on the day before the effective date of this chapter: Import Specialists, Entry Specialists, Drawback Specialists, National Import Specialist, Fines and Penalties Specialists, attorneys of the Office of Regulations and Rulings, Customs Auditors, International Trade Specialists, Financial Systems Specialists.

(c) New personnel

The Secretary of the Treasury is authorized to appoint up to 20 new personnel to work with personnel of the Department in performing customs revenue functions.

(Pub. L. 107–296, title IV, §412, Nov. 25, 2002, 116 Stat. 2179; Pub. L. 114–125, title VIII, §802(g)(1)(B)(iii)(II), Feb. 24, 2016, 130 Stat. 211.)

Editorial Notes

References in Text

The effective date of this chapter, referred to in subsecs. (a)(1) and (b), is 60 days after Nov. 25, 2002, see section 4 of Pub. L. 107–296, set out as an Effective Date note under section 101 of this title.

This chapter, referred to in subsecs. (a)(1) and (b)(1), was in the original "this Act", meaning Pub. L. 107–296, Nov. 25, 2002, 116 Stat. 2135, known as the Homeland Security Act of 2002, which is classified principally to this chapter. For complete classification of this Act to the Code, see Short Title note set out under section 101 of this title and Tables.

The Tariff Act of 1930, referred to in subsec. (a)(2), is act June 17, 1930, ch. 497, 46 Stat. 590, which is classified generally to chapter 4 (§1202 et seq.) of Title 19, Customs Duties. For complete classification of this Act to the Code, see section 1654 of Title 19 and Tables.

The Foreign Trade Zones Act, referred to in subsec. (a)(2), is act June 18, 1934, ch. 590, 48 Stat. 998, which is classified generally to chapter 1A (§81a et seq.) of Title 19, Customs Duties. For complete classification of this Act to the Code, see Tables.

The Trade Act of 1974, referred to in subsec. (a)(2), is Pub. L. 93–618, Jan. 3, 1975, 88 Stat. 1978, which is classified principally to chapter 12 (§2101 et seq.) of Title 19, Customs Duties. For complete classification of this Act to the Code, see References in Text note set out under section 2101 of Title 19 and Tables.

The Trade Agreements Act of 1979, referred to in subsec. (a)(2), is Pub. L. 96–39, July 26, 1979, 93 Stat. 144. For complete classification of this Act to the Code, see References in Text note set out under section 2501 of Title 19, Customs Duties, and Tables.

The North American Free Trade Area Implementation Act, referred to in subsec. (a)(2), probably means the North American Free Trade Agreement Implementation Act, Pub. L. 103–182, Dec. 8, 1993, 107 Stat. 2057. For complete classification of this Act to the Code, see Short Title note under section 3301 of Title 19, Customs Duties, and Tables.

The Uruguay Round Agreements Act, referred to in subsec. (a)(2), is Pub. L. 103–465, Dec. 8, 1994, 108 Stat. 4809. For complete classification of this Act to the Code, see Short Title note set out under section 3501 of Title 19, Customs Duties, and Tables.

The Caribbean Basin Economic Recovery Act, referred to in subsec. (a)(2), is title II of Pub. L. 98–67, Aug. 5, 1983, 97 Stat. 384, which is classified principally to chapter 15 (§2701 et seq.) of Title 19, Customs Duties. For complete classification of this Act to the Code, see Short Title note set out under section 2701 of Title 19 and Tables.

The Andean Trade Preference Act, referred to in subsec. (a)(2), is title II of Pub. L. 102–182, Dec. 4, 1991, 105 Stat. 1236, which is classified generally to chapter 20 (§3201 et seq.) of Title 19, Customs Duties. For complete classification of this Act to the Code, see Short Title note set out under section 3201 of Title 19 and Tables.

The African Growth and Opportunity Act, referred to in subsec. (a)(2), is title I of Pub. L. 106–200, May 18, 2000, 114 Stat. 252, which is classified principally to chapter 23 (§3701 et seq.) of Title 19, Customs Duties. For complete classification of this Act to the Code, see Short Title note set out under section 3701 of Title 19 and Tables.

Amendments

2016—Subsec. (b). Pub. L. 114–125 substituted "U.S. Customs and Border Protection" for "the United States Customs Service" in pars. (1) and (2).

1 So in original. Probably should be section "203(1)".
6 U.S.C. § 911 (2024) — Title 6: DOMESTIC SECURITY / Chapter 3: SECURITY AND ACCOUNTABILITY FOR EVERY PORT / Subchapter I: SECURITY OF UNITED STATES SEAPORTS / Section 911: Repealed. Pub. L. 111-281, title VIII, §821(b), Oct. 15, 2010, 124 Stat. 3003
Repealed. Pub. L. 111-281, title VIII, §821(b), Oct. 15, 2010, 124 Stat. 3003
Status: repealed

Section, Pub. L. 109–347, title I, §113, Oct. 13, 2006, 120 Stat. 1895, established the Port Security Training Program and its requirements.
6 U.S.C. § 660 (2024) — Title 6: DOMESTIC SECURITY / Chapter 1: HOMELAND SECURITY ORGANIZATION / Subchapter XVIII: CYBERSECURITY AND INFRASTRUCTURE SECURITY AGENCY / Section 660: Cybersecurity plans
Cybersecurity plans
Status: in_force

(a) Definitions

In this section, the term "agency information system" means an information system used or operated by an agency or by another entity on behalf of an agency.

(b) Intrusion assessment plan

(1) Requirement

The Secretary, in coordination with the Director of the Office of Management and Budget, shall—

(A) develop and implement an intrusion assessment plan to proactively detect, identify, and remove intruders in agency information systems on a routine basis; and

(B) update such plan as necessary.

(2) Exception

The intrusion assessment plan required under paragraph (1) shall not apply to the Department of Defense, a national security system, or an element of the intelligence community.

(c) Cyber incident response plan

The Director of the Cybersecurity and Infrastructure Security Agency shall, in coordination with appropriate Federal departments and agencies, State and local governments, sector coordinating councils, Information Sharing and Analysis Organizations, owners and operators of critical infrastructure, and other appropriate entities and individuals, develop, update not less often than biennially, maintain, and exercise adaptable cyber incident response plans to address cybersecurity risks to critical infrastructure. The Director, in consultation with relevant Sector Risk Management Agencies and the National Cyber Director, shall develop mechanisms to engage with stakeholders to educate such stakeholders regarding Federal Government cybersecurity roles and responsibilities for cyber incident response.

(d) National Response Framework

The Secretary, in coordination with the heads of other appropriate Federal departments and agencies, and in accordance with the National Cybersecurity Incident Response Plan required under subsection (c), shall regularly update, maintain, and exercise the Cyber Incident Annex to the National Response Framework of the Department.

(e) Homeland Security Strategy to Improve the Cybersecurity of State, Local, Tribal, and Territorial Governments

(1) In general

(A) Requirement

Not later than one year after December 27, 2021, the Secretary, acting through the Director, shall, in coordination with the heads of appropriate Federal agencies, State, local, Tribal, and territorial governments, and other stakeholders, as appropriate, develop and make publicly available a Homeland Security Strategy to Improve the Cybersecurity of State, Local, Tribal, and Territorial Governments.

(B) Recommendations and requirements

The strategy required under subparagraph (A) shall provide recommendations relating to the ways in which the Federal Government should support and promote the ability of State, local, Tribal, and territorial governments to identify, mitigate against, protect against, detect, respond to, and recover from cybersecurity risks, cybersecurity threats, and incidents.

(2) Contents

The strategy required under paragraph (1) shall—

(A) identify capability gaps in the ability of State, local, Tribal, and territorial governments to identify, protect against, detect, respond to, and recover from cybersecurity risks, cybersecurity threats, incidents, and ransomware incidents;

(B) identify Federal resources and capabilities that are available or could be made available to State, local, Tribal, and territorial governments to help those governments identify, protect against, detect, respond to, and recover from cybersecurity risks, cybersecurity threats, incidents, and ransomware incidents;

(C) identify and assess the limitations of Federal resources and capabilities available to State, local, Tribal, and territorial governments to help those governments identify, protect against, detect, respond to, and recover from cybersecurity risks, cybersecurity threats, incidents, and ransomware incidents and make recommendations to address such limitations;

(D) identify opportunities to improve the coordination of the Agency with Federal and non-Federal entities, such as the Multi-State Information Sharing and Analysis Center, to improve—

(i) incident exercises, information sharing and incident notification procedures;

(ii) the ability for State, local, Tribal, and territorial governments to voluntarily adapt and implement guidance in Federal binding operational directives; and

(iii) opportunities to leverage Federal schedules for cybersecurity investments under section 502 of title 40;

(E) recommend new initiatives the Federal Government should undertake to improve the ability of State, local, Tribal, and territorial governments to identify, protect against, detect, respond to, and recover from cybersecurity risks, cybersecurity threats, incidents, and ransomware incidents;

(F) set short-term and long-term goals that will improve the ability of State, local, Tribal, and territorial governments to identify, protect against, detect, respond to, and recover from cybersecurity risks, cybersecurity threats, incidents, and ransomware incidents; and

(G) set dates, including interim benchmarks, as appropriate for State, local, Tribal, and territorial governments to establish baseline capabilities to identify, protect against, detect, respond to, and recover from cybersecurity risks, cybersecurity threats, incidents, and ransomware incidents.

(3) Considerations

In developing the strategy required under paragraph (1), the Director, in coordination with the heads of appropriate Federal agencies, State, local, Tribal, and territorial governments, and other stakeholders, as appropriate, shall consider—

(A) lessons learned from incidents that have affected State, local, Tribal, and territorial governments, and exercises with Federal and non-Federal entities;

(B) the impact of incidents that have affected State, local, Tribal, and territorial governments, including the resulting costs to such governments;

(C) the information related to the interest and ability of state and non-state threat actors to compromise information systems owned or operated by State, local, Tribal, and territorial governments; and

(D) emerging cybersecurity risks and cybersecurity threats to State, local, Tribal, and territorial governments resulting from the deployment of new technologies.

(4) Exemption

Chapter 35 of title 44 (commonly known as the "Paperwork Reduction Act") shall not apply to any action to implement this subsection.

(Pub. L. 107–296, title XXII, §2210, formerly title II, §228, as added and amended Pub. L. 114–113, div. N, title II, §§205, 223(a)(2), (4), (5), Dec. 18, 2015, 129 Stat. 2961, 2963, 2964; renumbered title XXII, §2210, and amended Pub. L. 115–278, §2(g)(2)(I), (9)(A)(iv), Nov. 16, 2018, 132 Stat. 4178, 4181; Pub. L. 117–81, div. A, title XV, §§1545, 1546, Dec. 27, 2021, 135 Stat. 2057, 2059; Pub. L. 117–263, div. G, title LXXI, §7143(b)(2)(E), (c)(8), Dec. 23, 2022, 136 Stat. 3660, 3663.)

Editorial Notes

Codification

Section was formerly classified to section 149 of this title prior to renumbering by Pub. L. 115–278.

Former section 149 of this title, which was transferred and redesignated as subsec. (c) of this section by Pub. L. 114–113, div. N, title II, §223(a)(2), Dec. 18, 2015, 129 Stat. 2963, was based on Pub. L. 107–296, title II, §227, as added by Pub. L. 113–282, §7(a), Dec. 18, 2014, 128 Stat. 3070.

Amendments

2022—Subsec. (a). Pub. L. 117–263, §7143(b)(2)(E)(i), substituted "section, the term 'agency information system' means an information system used or operated by an agency or by another entity on behalf of an agency." for "section—" and struck out pars. (1) to (4) which defined agency information system, cybersecurity risk, information system, intelligence community, and national security system.

Subsec. (c). Pub. L. 117–263, §7143(c)(8), substituted "Director of the Cybersecurity and Infrastructure Security Agency" for "Director of Cybersecurity and Infrastructure Security".

Pub. L. 117–263, §7143(b)(2)(E)(ii), substituted "Information Sharing and Analysis Organizations" for "information sharing and analysis organizations (as defined in section 671(5) of this title)" and struck out "(as defined in section 659 of this title)" after "cybersecurity risks".

Subsec. (e)(1)(B). Pub. L. 117–263, §7143(b)(2)(E)(iii)(I), which directed striking out "(as such term is defined in section 659 of this title)", was executed by striking out "(as such term is defined in section 659 of this title)" after "cybersecurity risks" and after "incidents", to reflect the probable intent of Congress.

Subsec. (e)(3)(C). Pub. L. 117–263, §7143(b)(2)(E)(iii)(II), struck out "(as such term is defined in section 1501 of this title)" after "information systems".

2021—Subsec. (c). Pub. L. 117–81, §1546, substituted "update not less often than biennially" for "regularly update" and inserted "The Director, in consultation with relevant Sector Risk Management Agencies and the National Cyber Director, shall develop mechanisms to engage with stakeholders to educate such stakeholders regarding Federal Government cybersecurity roles and responsibilities for cyber incident response." at end.

Subsec. (e). Pub. L. 117–81, §1545, added subsec. (e).

2018—Subsec. (a)(2). Pub. L. 115–278, §2(g)(9)(A)(iv)(I), substituted "section 659 of this title" for "section 148 of this title".

Subsec. (c). Pub. L. 115–278, §2(g)(9)(A)(iv), substituted "Director of Cybersecurity and Infrastructure Security" for "Under Secretary appointed under section 113(a)(1)(H) of this title", "section 671(5) of this title" for "section 131(5) of this title", and "section 659 of this title" for "section 148 of this title".

2015—Subsec. (c). Pub. L. 114–113, §223(a)(5), made technical amendment to reference in original act which appears in text as reference to section 148 of this title.

Pub. L. 114–113, §223(a)(2), transferred former section 149 of this title to subsec. (c) of this section. See Codification note above.

Subsec. (d). Pub. L. 114–113, §205, added subsec. (d).

Statutory Notes and Related Subsidiaries

Rules of Construction

Nothing in amendment made by Pub. L. 117–263 to be construed to alter the authorities, responsibilities, functions, or activities of any agency (as such term is defined in 44 U.S.C. 3502) or officer or employee of the United States on or before Dec. 23, 2022, see section 7143(f)(1) of Pub. L. 117–263, set out as a note under section 650 of this title.

Pub. L. 113–282, §7(c), Dec. 18, 2014, 128 Stat. 3072, provided that: "Nothing in the amendment made by subsection (a) [enacting subsec. (c) of this section and section 150 of this title] or in subsection (b)(1) [formerly classified as a note under section 3543 of Title 44, Public Printing and Documents, see now section 2(d)(1) of Pub. L. 113–283, set out as a note under section 3553 of Title 44] shall be construed to alter any authority of a Federal agency or department."
6 U.S.C. § 969 (2024) — Title 6: DOMESTIC SECURITY / Chapter 3: SECURITY AND ACCOUNTABILITY FOR EVERY PORT / Subchapter II: SECURITY OF THE INTERNATIONAL SUPPLY CHAIN / Section 969: Revalidation
Revalidation
Status: in_force

The Secretary, acting through the Commissioner, shall develop and implement—

(1) a revalidation process for Tier 2 and Tier 3 participants;

(2) a framework based upon objective criteria for identifying participants for periodic revalidation not less frequently than once during each 4-year period following the initial validation; and

(3) an annual plan for revalidation that includes—

(A) performance measures;

(B) an assessment of the personnel needed to perform the revalidations; and

(C) the number of participants that will be revalidated during the following year.

(Pub. L. 109–347, title II, §219, Oct. 13, 2006, 120 Stat. 1913.)
6 U.S.C. § 563b (2024) — Title 6: DOMESTIC SECURITY / Chapter 1: HOMELAND SECURITY ORGANIZATION / Subchapter XII: TRANSITION / Section 563b: Acquisition baseline establishment and reports
Acquisition baseline establishment and reports
Status: in_force

(a) Baseline requirements

(1) In general

Before the Administration implements any security-related technology acquisition, the appropriate acquisition official of the Department shall establish and document a set of formal baseline requirements.

(2) Contents

The baseline requirements under paragraph (1) shall—

(A) include the estimated costs (including lifecycle costs), schedule, and performance milestones for the planned duration of the acquisition;

(B) identify the acquisition risks and a plan for mitigating those risks; and

(C) assess the personnel necessary to manage the acquisition process, manage the ongoing program, and support training and other operations as necessary.

(3) Feasibility

In establishing the performance milestones under paragraph (2)(A), the appropriate acquisition official of the Department, to the extent possible and in consultation with the Under Secretary for Science and Technology, shall ensure that achieving those milestones is technologically feasible.

(4) Test and evaluation plan

The Administrator, in consultation with the Under Secretary for Science and Technology, shall develop a test and evaluation plan that describes—

(A) the activities that are expected to be required to assess acquired technologies against the performance milestones established under paragraph (2)(A);

(B) the necessary and cost-effective combination of laboratory testing, field testing, modeling, simulation, and supporting analysis to ensure that such technologies meet the Administration's mission needs;

(C) an efficient planning schedule to ensure that test and evaluation activities are completed without undue delay; and

(D) if commercial aviation passengers are expected to interact with the security-related technology, methods that could be used to measure passenger acceptance of and familiarization with the security-related technology.

(5) Verification and validation

The appropriate acquisition official of the Department—

(A) subject to subparagraph (B), shall utilize independent reviewers to verify and validate the performance milestones and cost estimates developed under paragraph (2) for a security-related technology that pursuant to section 563(d)(2) of this title has been identified as a high priority need in the most recent Plan; and

(B) shall ensure that the use of independent reviewers does not unduly delay the schedule of any acquisition.

(6) Streamlining access for interested vendors

The Administrator shall establish a streamlined process for an interested vendor of a security-related technology to request and receive appropriate access to the baseline requirements and test and evaluation plans that are necessary for the vendor to participate in the acquisitions process for that technology.

(b) Review of baseline requirements and deviation; report to Congress

(1) Review

(A) In general

The appropriate acquisition official of the Department shall review and assess each implemented acquisition to determine if the acquisition is meeting the baseline requirements established under subsection (a).

(B) Test and evaluation assessment

The review shall include an assessment of whether—

(i) the planned testing and evaluation activities have been completed; and

(ii) the results of that testing and evaluation demonstrate that the performance milestones are technologically feasible.

(2) Report

Not later than 30 days after making a finding described in clause (i), (ii), or (iii) of subparagraph (A), the Administrator shall submit a report to the Committee on Commerce, Science, and Transportation of the Senate and the Committee on Homeland Security of the House of Representatives that includes—

(A) the results of any assessment that finds that—

(i) the actual or planned costs exceed the baseline costs by more than 10 percent;

(ii) the actual or planned schedule for delivery has been delayed by more than 180 days; or

(iii) there is a failure to meet any performance milestone that directly impacts security effectiveness;

(B) the cause for such excessive costs, delay, or failure; and

(C) a plan for corrective action.

(Pub. L. 107–296, title XVI, §1613, as added Pub. L. 113–245, §3(a), Dec. 18, 2014, 128 Stat. 2874.)
6 U.S.C. § 605 (2024) — Title 6: DOMESTIC SECURITY / Chapter 1: HOMELAND SECURITY ORGANIZATION / Subchapter XV: HOMELAND SECURITY GRANTS / Section 605: State Homeland Security Grant Program
State Homeland Security Grant Program
Status: in_force

(a) Establishment

There is established a State Homeland Security Grant Program to assist State, local, and tribal governments in preventing, preparing for, protecting against, and responding to acts of terrorism.

(b) Application

(1) In general

Each State may apply for a grant under this section, and shall submit such information in support of the application as the Administrator may reasonably require.

(2) Minimum contents of application

The Administrator shall require that each State include in its application, at a minimum—

(A) the purpose for which the State seeks grant funds and the reasons why the State needs the grant to meet the target capabilities of that State;

(B) a description of how the State plans to allocate the grant funds to local governments and Indian tribes; and

(C) a budget showing how the State intends to expend the grant funds.

(3) Annual applications

Applicants for grants under this section shall apply or reapply on an annual basis.

(c) Distribution to local and tribal governments

(1) In general

Not later than 45 days after receiving grant funds, any State receiving a grant under this section shall make available to local and tribal governments, consistent with the applicable State homeland security plan—

(A) not less than 80 percent of the grant funds;

(B) with the consent of local and tribal governments, items, services, or activities having a value of not less than 80 percent of the amount of the grant; or

(C) with the consent of local and tribal governments, grant funds combined with other items, services, or activities having a total value of not less than 80 percent of the amount of the grant.

(2) Certifications regarding distribution of grant funds to local governments

A State shall certify to the Administrator that the State has made the distribution to local and tribal governments required under paragraph (1).

(3) Extension of period

The Governor of a State may request in writing that the Administrator extend the period under paragraph (1) for an additional period of time. The Administrator may approve such a request if the Administrator determines that the resulting delay in providing grant funding to the local and tribal governments is necessary to promote effective investments to prevent, prepare for, protect against, or respond to acts of terrorism.

(4) Exception

Paragraph (1) shall not apply to the District of Columbia, the Commonwealth of Puerto Rico, American Samoa, the Commonwealth of the Northern Mariana Islands, Guam, or the Virgin Islands.

(5) Direct funding

If a State fails to make the distribution to local or tribal governments required under paragraph (1) in a timely fashion, a local or tribal government entitled to receive such distribution may petition the Administrator to request that grant funds be provided directly to the local or tribal government.

(d) Multistate applications

(1) In general

Instead of, or in addition to, any application for a grant under subsection (b), 2 or more States may submit an application for a grant under this section in support of multistate efforts to prevent, prepare for, protect against, and respond to acts of terrorism.

(2) Administration of grant

If a group of States applies for a grant under this section, such States shall submit to the Administrator at the time of application a plan describing—

(A) the division of responsibilities for administering the grant; and

(B) the distribution of funding among the States that are parties to the application.

(e) Minimum allocation

(1) In general

In allocating funds under this section, the Administrator shall ensure that—

(A) except as provided in subparagraph (B), each State receives, from the funds appropriated for the State Homeland Security Grant Program established under this section, not less than an amount equal to—

(i) 0.375 percent of the total funds appropriated for grants under this section and section 604 of this title in fiscal year 2008;

(ii) 0.365 percent of the total funds appropriated for grants under this section and section 604 of this title in fiscal year 2009;

(iii) 0.36 percent of the total funds appropriated for grants under this section and section 604 of this title in fiscal year 2010;

(iv) 0.355 percent of the total funds appropriated for grants under this section and section 604 of this title in fiscal year 2011; and

(v) 0.35 percent of the total funds appropriated for grants under this section and section 604 of this title in fiscal year 2012 and in each fiscal year thereafter; and

(B) for each fiscal year, American Samoa, the Commonwealth of the Northern Mariana Islands, Guam, and the Virgin Islands each receive, from the funds appropriated for the State Homeland Security Grant Program established under this section, not less than an amount equal to 0.08 percent of the total funds appropriated for grants under this section and section 604 of this title.

(2) Effect of multistate award on State minimum

Any portion of a multistate award provided to a State under subsection (d) shall be considered in calculating the minimum State allocation under this subsection.

(f) Authorization of appropriations

There are authorized to be appropriated for grants under this section—

(1) $950,000,000 for each of fiscal years 2008 through 2012; and

(2) such sums as are necessary for fiscal year 2013, and each fiscal year thereafter.

(Pub. L. 107–296, title XX, §2004, as added Pub. L. 110–53, title I, §101, Aug. 3, 2007, 121 Stat. 277.)
6 U.S.C. § 681 (2024) — Title 6: DOMESTIC SECURITY / Chapter 1: HOMELAND SECURITY ORGANIZATION / Subchapter XVIII: CYBERSECURITY AND INFRASTRUCTURE SECURITY AGENCY / Section 681: Definitions
Definitions
Status: in_force

In this part:

(1) Center

The term "Center" means the center established under section 659 of this title.

(2) Council

The term "Council" means the Cyber Incident Reporting Council described in section 681f of this title.

(3) Covered cyber incident

The term "covered cyber incident" means a substantial cyber incident experienced by a covered entity that satisfies the definition and criteria established by the Director in the final rule issued pursuant to section 681b(b) of this title.

(4) Covered entity

The term "covered entity" means an entity in a critical infrastructure sector, as defined in Presidential Policy Directive 21, that satisfies the definition established by the Director in the final rule issued pursuant to section 681b(b) of this title.

(5) Cyber incident

The term "cyber incident"—

(A) has the meaning given the term "incident" in section 659 1 of this title; and

(B) does not include an occurrence that imminently, but not actually, jeopardizes—

(i) information on information systems; or

(ii) information systems.

(6) Cyber threat

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

(7) Federal entity

The term "Federal entity" has the meaning given the term in section 1501 of this title.

(8) Ransom payment

The term "ransom payment" means the transmission of any money or other property or asset, including virtual currency, or any portion thereof, which has at any time been delivered as ransom in connection with a ransomware attack.

(9) Significant cyber incident

The term "significant cyber incident" means a cyber incident, or a group of related cyber incidents, that the Secretary determines is likely to result in demonstrable harm to the national security interests, foreign relations, or economy of the United States or to the public confidence, civil liberties, or public health and safety of the people of the United States.

(10) Virtual currency

The term "virtual currency" means the digital representation of value that functions as a medium of exchange, a unit of account, or a store of value.

(11) Virtual currency address

The term "virtual currency address" means a unique public cryptographic key identifying the location to which a virtual currency payment can be made.

(Pub. L. 107–296, title XXII, §2240, as added Pub. L. 117–103, div. Y, §103(a)(2), Mar. 15, 2022, 136 Stat. 1039; amended Pub. L. 117–263, div. G, title LXXI, §7143(b)(2)(N), Dec. 23, 2022, 136 Stat. 3661.)

Editorial Notes

References in Text

Section 659 of this title, referred to in par. (5)(A), was subsequently amended, and section 659(a) no longer defines the term "incident". Reference to term, "incident", as defined in this chapter deemed to be a reference to that term as defined in section 650(12) of this title, see section 7143(f)(2) of Pub. L. 117–263, set out as a Rule of Construction note under section 650 of this title.

Amendments

2022—Par. (2). Pub. L. 117–263, §7143(b)(2)(N)(i), (ii), redesignated par. (3) as (2) and struck out former par. (2). Prior to amendment, text of par. (2) read as follows: "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."

Pars. (3) to (5). Pub. L. 117–263, §7143(b)(2)(N)(ii), redesignated pars. (4) to (6) as (3) to (5), respectively. Former par. (3) redesignated (2).

Par. (6). Pub. L. 117–263, §7143(b)(2)(N)(ii), (iii), redesignated par. (7) as (6) and substituted "section 650 of this title" for "section 651 of this title". Former par. (6) redesignated (5).

Par. (7). Pub. L. 117–263, §7143(b)(2)(N)(iv), added par. (7). Former par. (7) redesignated (6).

Par. (8). Pub. L. 117–263, §7143(b)(2)(N)(iv), (vi), redesignated par. (13) as (8) and struck out former par. (8). Prior to amendment, text of par. (8) read as follows: "The terms 'cyber threat indicator', 'cybersecurity purpose', 'defensive measure', 'Federal entity', and 'security vulnerability' have the meanings given those terms in section 1501 of this title."

Par. (9). Pub. L. 117–263, §7143(b)(2)(N)(v), (vi), redesignated par. (16) as (9) and struck out former par. (9). Prior to amendment, text of par. (9) read as follows: "The terms 'incident' and 'sharing' have the meanings given those terms in section 659 of this title."

Par. (10). Pub. L. 117–263, §7143(b)(2)(N)(v), (vi), redesignated par. (18) as (10) and struck out former par. (10). Prior to amendment, text of par. (10) read as follows: "The term 'Information Sharing and Analysis Organization' has the meaning given the term in section 671 of this title."

Par. (11). Pub. L. 117–263, §7143(b)(2)(N)(v), (vi), redesignated par. (19) as (11) and struck out former par. (11). Prior to amendment, text of par. (11) read as follows: "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."

Par. (12). Pub. L. 117–263, §7143(b)(2)(N)(v), struck out par. (12). Text read as follows: "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."

Par. (13). Pub. L. 117–263, §7143(b)(2)(N)(vi), redesignated par. (13) as (8).

Par. (14). Pub. L. 117–263, §7143(b)(2)(N)(v), struck out par. (14). Text read as follows: "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 where 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."

Par. (15). Pub. L. 117–263, §7143(b)(2)(N)(v), struck out par. (15). Text read as follows: "The term 'Sector Risk Management Agency' has the meaning given the term in section 651 of this title."

Par. (16). Pub. L. 117–263, §7143(b)(2)(N)(vi), redesignated par. (16) as (9).

Par. (17). Pub. L. 117–263, §7143(b)(2)(N)(v), struck out par. (17). Text read as follows: "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."

Pars. (18), (19). Pub. L. 117–263, §7143(b)(2)(N)(vi), redesignated pars. (18) and (19) as (10) and (11), respectively.

1 See References in Text note below.
6 U.S.C. § 665d (2024) — Title 6: DOMESTIC SECURITY / Chapter 1: HOMELAND SECURITY ORGANIZATION / Subchapter XVIII: CYBERSECURITY AND INFRASTRUCTURE SECURITY AGENCY / Section 665d: Sector Risk Management Agencies
Sector Risk Management Agencies
Status: in_force

(a) In general

Consistent with applicable law, Presidential directives, Federal regulations, and strategic guidance from the Secretary, each Sector Risk Management Agency, in coordination with the Director, shall—

(1) provide specialized sector-specific expertise to critical infrastructure owners and operators within its designated critical infrastructure sector or subsector of such sector; and

(2) support programs and associated activities of such sector or subsector of such sector.

(b) Implementation

In carrying out this section, Sector Risk Management Agencies shall—

(1) coordinate with the Department and, as appropriate, other relevant Federal departments and agencies;

(2) collaborate with critical infrastructure owners and operators within the designated critical infrastructure sector or subsector of such sector; and

(3) coordinate with independent regulatory agencies, and State, local, Tribal, and territorial entities, as appropriate.

(c) Responsibilities

Consistent with applicable law, Presidential directives, Federal regulations, and strategic guidance from the Secretary, each Sector Risk Management Agency shall utilize its specialized expertise regarding its designated critical infrastructure sector or subsector of such sector and authorities under applicable law to—

(1) support sector risk management, in coordination with the Director, including—

(A) establishing and carrying out programs to assist critical infrastructure owners and operators within the designated sector or subsector of such sector in identifying, understanding, and mitigating threats, vulnerabilities, and risks to their systems or assets, or within a region, sector, or subsector of such sector; and

(B) recommending security measures to mitigate the consequences of destruction, compromise, and disruption of systems and assets;

(2) assess sector risk, in coordination with the Director, including—

(A) identifying, assessing, and prioritizing risks within the designated sector or subsector of such sector, considering physical security and cybersecurity threats, vulnerabilities, and consequences; and

(B) supporting national risk assessment efforts led by the Department;

(3) sector coordination, including—

(A) serving as a day-to-day Federal interface for the prioritization and coordination of sector-specific activities and responsibilities under this title;

(B) serving as the Federal Government coordinating council chair for the designated sector or subsector of such sector; and

(C) participating in cross-sector coordinating councils, as appropriate;

(4) facilitating, in coordination with the Director, the sharing with the Department and other appropriate Federal department of information regarding physical security and cybersecurity threats within the designated sector or subsector of such sector, including—

(A) facilitating, in coordination with the Director, access to, and exchange of, information and intelligence necessary to strengthen the security of critical infrastructure, including through Information Sharing and Analysis Organizations and the national cybersecurity and communications integration center established pursuant to section 659 of this title;

(B) facilitating the identification of intelligence needs and priorities of critical infrastructure owners and operators in the designated sector or subsector of such sector, in coordination with the Director of National Intelligence and the heads of other Federal departments and agencies, as appropriate;

(C) providing the Director, and facilitating awareness within the designated sector or subsector of such sector, of ongoing, and where possible, real-time awareness of identified threats, vulnerabilities, mitigations, and other actions related to the security of such sector or subsector of such sector; and

(D) supporting the reporting requirements of the Department under applicable law by providing, on an annual basis, sector-specific critical infrastructure information;

(5) supporting incident management, including—

(A) supporting, in coordination with the Director, incident management and restoration efforts during or following a security incident; and

(B) supporting the Director, upon request, in national cybersecurity asset response activities for critical infrastructure; and

(6) contributing to emergency preparedness efforts, including—

(A) coordinating with critical infrastructure owners and operators within the designated sector or subsector of such sector and the Director in the development of planning documents for coordinated action in the event of a natural disaster, act of terrorism, or other man-made disaster or emergency;

(B) participating in and, in coordination with the Director, conducting or facilitating, exercises and simulations of potential natural disasters, acts of terrorism, or other man-made disasters or emergencies within the designated sector or subsector of such sector; and

(C) supporting the Department and other Federal departments or agencies in developing planning documents or conducting exercises or simulations when relevant to the designated sector or subsector or such sector.

(Pub. L. 107–296, title XXII, §2218, formerly §2215, as added Pub. L. 116–283, div. H, title XC, §9002(c)(1), Jan. 1, 2021, 134 Stat. 4770; renumbered §2218 and amended Pub. L. 117–81, div. A, title XV, §1547(b)(1)(A)(v), Dec. 27, 2021, 135 Stat. 2061; Pub. L. 117–263, div. G, title LXXI, §7143(b)(2)(J), Dec. 23, 2022, 136 Stat. 3660.)

Editorial Notes

Prior Provisions

A prior section 2218 of Pub. L. 107–296 was renumbered section 2220A and is classified to section 665g of this title.

Amendments

2022—Subsec. (c)(4)(A). Pub. L. 117–263 substituted "Information Sharing and Analysis Organizations" for "information sharing and analysis organizations".

2021—Pub. L. 117–81 reenacted section catchline.
6 U.S.C. § 475a (2024) — Title 6: DOMESTIC SECURITY / Chapter 1: HOMELAND SECURITY ORGANIZATION / Subchapter VIII: COORDINATION WITH NON-FEDERAL ENTITIES; INSPECTOR GENERAL; UNITED STATES SECRET SERVICE; COAST GUARD; GENERAL PROVISIONS / Section 475a: Mentor-protégé program
Mentor-protégé program
Status: in_force

(a) Establishment

There is established in the Department a mentor-protégé program (in this section referred to as the "Program") under which a mentor firm enters into an agreement with a protégé firm for the purpose of assisting the protégé firm to compete for prime contracts and subcontracts of the Department.

(b) Eligibility

The Secretary shall establish criteria for mentor firms and protégé firms to be eligible to participate in the Program, including a requirement that a firm is not included on any list maintained by the Federal Government of contractors that have been suspended or debarred.

(c) Program application and approval

(1) Application

The Secretary, acting through the Office of Small and Disadvantaged Business Utilization of the Department, shall establish a process for submission of an application jointly by a mentor firm and the protégé firm selected by the mentor firm. The application shall include each of the following:

(A) A description of the assistance to be provided by the mentor firm, including, to the extent available, the number and a brief description of each anticipated subcontract to be awarded to the protégé firm.

(B) A schedule with milestones for achieving the assistance to be provided over the period of participation in the Program.

(C) An estimate of the costs to be incurred by the mentor firm for providing assistance under the Program.

(D) Attestations that Program participants will submit to the Secretary reports at times specified by the Secretary to assist the Secretary in evaluating the protégé firm's developmental progress.

(E) Attestations that Program participants will inform the Secretary in the event of a change in eligibility or voluntary withdrawal from the Program.

(2) Approval

Not later than 60 days after receipt of an application pursuant to paragraph (1), the head of the Office of Small and Disadvantaged Business Utilization shall notify applicants of approval or, in the case of disapproval, the process for resubmitting an application for reconsideration.

(3) Rescission

The head of the Office of Small and Disadvantaged Business Utilization may rescind the approval of an application under this subsection if it determines that such action is in the best interest of the Department.

(d) Program duration

A mentor firm and protégé firm approved under subsection (c) shall enter into an agreement to participate in the Program for a period of not less than 36 months.

(e) Program benefits

A mentor firm and protégé firm that enter into an agreement under subsection (d) may receive the following Program benefits:

(1) With respect to an award of a contract that requires a subcontracting plan, a mentor firm may receive evaluation credit for participating in the Program.

(2) With respect to an award of a contract that requires a subcontracting plan, a mentor firm may receive credit for a protégé firm performing as a first tier subcontractor or a subcontractor at any tier in an amount equal to the total dollar value of any subcontracts awarded to such protégé firm.

(3) A protégé firm may receive technical, managerial, financial, or any other mutually agreed upon benefit from a mentor firm, including a subcontract award.

(f) Reporting

Not later than one year after December 23, 2022, and annually thereafter, the head of the Office of Small and Disadvantaged Business Utilization shall submit to the Committee on Homeland Security and Governmental Affairs and the Committee on Small Business and Entrepreneurship of the Senate and the Committee on Homeland Security and the Committee on Small Business of the House of Representatives a report that—

(1) identifies each agreement between a mentor firm and a protégé firm entered into under this section, including the number of protégé firm participants that are—

(A) small business concerns;

(B) small business concerns owned and controlled by veterans;

(C) small business concerns owned and controlled by service-disabled veterans;

(D) qualified HUBZone small business concerns;

(E) small business concerns owned and controlled by socially and economically disadvantaged individuals;

(F) small business concerns owned and controlled by women;

(G) historically Black colleges and universities; and

(H) minority-serving institutions;

(2) describes the type of assistance provided by mentor firms to protégé firms;

(3) identifies contracts within the Department in which a mentor firm serving as the prime contractor provided subcontracts to a protégé firm under the Program; and

(4) assesses the degree to which there has been—

(A) an increase in the technical capabilities of protégé firms; and

(B) an increase in the quantity and estimated value of prime contract and subcontract awards to protégé firms for the period covered by the report.

(g) Rule of construction

Nothing in this section may be construed to limit, diminish, impair, or otherwise affect the authority of the Department to participate in any program carried out by or requiring approval of the Small Business Administration or adopt or follow any regulation or policy that the Administrator of the Small Business Administration may promulgate, except that, to the extent that any provision of this section (including subsection (h)) conflicts with any other provision of law, regulation, or policy, this section shall control.

(h) Definitions

In this section:

(1) Historically Black college or university

The term "historically Black college or university" has the meaning given the term "part B institution" in section 1061 of title 20.

(2) Mentor firm

The term "mentor firm" means a for-profit business concern that is not a small business concern that—

(A) has the ability to assist and commits to assisting a protégé to compete for Federal prime contracts and subcontracts; and

(B) satisfies any other requirements imposed by the Secretary.

(3) Minority-serving institution

The term "minority-serving institution" means an institution of higher education described in section 1067q(a) of title 20.1

(4) Protégé firm

The term "protégé firm" means a small business concern, a historically Black college or university, or a minority-serving institution that—

(A) is eligible to enter into a prime contract or subcontract with the Department; and

(B) satisfies any other requirements imposed by the Secretary.

(5) Small Business Act definitions

The terms "small business concern", "small business concern owned and controlled by veterans", "small business concern owned and controlled by service-disabled veterans", "qualified HUBZone small business concern", "and small 2 business concern owned and controlled by women" have the meanings given such terms, respectively, under section 632 of title 15. The term "small business concern owned and controlled by socially and economically disadvantaged individuals" has the meaning given such term in section 637(d)(3)(C) of title 15.

(Pub. L. 107–296, title VIII, §890D, as added Pub. L. 117–263, div. G, title LXXI, §7115(a), Dec. 23, 2022, 136 Stat. 3634.)

Editorial Notes

References in Text

Section 1067q(a) of title 20, referrred to in subsec. (h)(3), was in the original "section 317 of the Higher Education Act of 1965 (20 U.S.C. 1067q(a))" and was translated as reading "section 371(a) of the Higher Education Act of 1965", to reflect the probable intent of Congress.

1 See References in Text note below.

2 So in original. The opening quotation marks preceding "and" probably should precede "small".
6 U.S.C. § 572 (2024) — Title 6: DOMESTIC SECURITY / Chapter 1: HOMELAND SECURITY ORGANIZATION / Subchapter XIII: EMERGENCY COMMUNICATIONS / Section 572: National Emergency Communications Plan
National Emergency Communications Plan
Status: in_force

(a) In general

The Secretary, acting through the Assistant Director for Emergency Communications, and in cooperation with the Department of National Communications System (as appropriate), shall, in cooperation with State, local, and tribal governments, Federal departments and agencies, emergency response providers, and the private sector, develop not later than 180 days after the completion of the baseline assessment under section 573 of this title, and periodically update, a National Emergency Communications Plan to provide recommendations regarding how the United States should—

(1) support and promote the ability of emergency response providers and relevant government officials to continue to communicate in the event of natural disasters, acts of terrorism, and other man-made disasters; and

(2) ensure, accelerate, and attain interoperable emergency communications nationwide.

(b) Coordination

The Emergency Communications Preparedness Center under section 576 of this title shall coordinate the development of the Federal aspects of the National Emergency Communications Plan.

(c) Contents

The National Emergency Communications Plan shall—

(1) include recommendations developed in consultation with the Federal Communications Commission and the National Institute of Standards and Technology for a process for expediting national voluntary consensus standards for emergency communications equipment for the purchase and use by public safety agencies of interoperable emergency communications equipment and technologies;

(2) identify the appropriate capabilities necessary for emergency response providers and relevant government officials to continue to communicate in the event of natural disasters, acts of terrorism, and other man-made disasters;

(3) identify the appropriate interoperable emergency communications capabilities necessary for Federal, State, local, and tribal governments in the event of natural disasters, acts of terrorism, and other man-made disasters;

(4) recommend both short-term and long-term solutions for ensuring that emergency response providers and relevant government officials can continue to communicate in the event of natural disasters, acts of terrorism, and other man-made disasters;

(5) recommend both short-term and long-term solutions for deploying interoperable emergency communications systems for Federal, State, local, and tribal governments throughout the Nation, including through the provision of existing and emerging technologies;

(6) identify how Federal departments and agencies that respond to natural disasters, acts of terrorism, and other man-made disasters can work effectively with State, local, and tribal governments, in all States, and with other entities;

(7) identify obstacles to deploying interoperable emergency communications capabilities nationwide and recommend short-term and long-term measures to overcome those obstacles, including recommendations for multijurisdictional coordination among Federal, State, local, and tribal governments;

(8) recommend goals and timeframes for the deployment of emergency, command-level communications systems based on new and existing equipment across the United States and develop a timetable for the deployment of interoperable emergency communications systems nationwide;

(9) recommend appropriate measures that emergency response providers should employ to ensure the continued operation of relevant governmental communications infrastructure in the event of natural disasters, acts of terrorism, or other man-made disasters; and

(10) set a date, including interim benchmarks, as appropriate, by which State, local, and tribal governments, Federal departments and agencies, and emergency response providers expect to achieve a baseline level of national interoperable communications, as that term is defined under section 194(g)(1) of this title.

(Pub. L. 107–296, title XVIII, §1802, as added Pub. L. 109–295, title VI, §671(b), Oct. 4, 2006, 120 Stat. 1435; amended Pub. L. 110–53, title III, §301(d), Aug. 3, 2007, 121 Stat. 300; Pub. L. 115–278, §2(g)(6)(B), Nov. 16, 2018, 132 Stat. 4179.)

Editorial Notes

Codification

Another section 1802 of Pub. L. 107–296 was renumbered section 1902 and is classified to section 592 of this title.

Amendments

2018—Subsec. (a). Pub. L. 115–278 substituted "Assistant Director for Emergency Communications" for "Director for Emergency Communications" in introductory provisions.

2007—Subsec. (c)(10). Pub. L. 110–53 added par. (10).

Statutory Notes and Related Subsidiaries

Change of Name

Reference to the Assistant Director for Emergency Communications deemed to be a reference to the Executive Assistant Director for Emergency Communications, see section 571(g) of this title, enacted Jan. 1, 2021.
6 U.S.C. § 551 (2024) — Title 6: DOMESTIC SECURITY / Chapter 1: HOMELAND SECURITY ORGANIZATION / Subchapter XII: TRANSITION / Section 551: Transitional authorities
Transitional authorities
Status: in_force

(a) Provision of assistance by officials

Until the transfer of an agency to the Department, any official having authority over or functions relating to the agency immediately before the effective date of this chapter shall provide to the Secretary such assistance, including the use of personnel and assets, as the Secretary may request in preparing for the transfer and integration of the agency into the Department.

(b) Services and personnel

During the transition period, upon the request of the Secretary, the head of any executive agency may, on a reimbursable basis, provide services or detail personnel to assist with the transition.

(c) Acting officials

(1) During the transition period, pending the advice and consent of the Senate to the appointment of an officer required by this chapter to be appointed by and with such advice and consent, the President may designate any officer whose appointment was required to be made by and with such advice and consent and who was such an officer immediately before the effective date of this chapter (and who continues in office) or immediately before such designation, to act in such office until the same is filled as provided in this chapter. While so acting, such officers shall receive compensation at the higher of—

(A) the rates provided by this chapter for the respective offices in which they act; or

(B) the rates provided for the offices held at the time of designation.

(2) Nothing in this chapter shall be understood to require the advice and consent of the Senate to the appointment by the President to a position in the Department of any officer whose agency is transferred to the Department pursuant to this chapter and whose duties following such transfer are germane to those performed before such transfer.

(d) Transfer of personnel, assets, obligations, and functions

Upon the transfer of an agency to the Department—

(1) the personnel, assets, and obligations held by or available in connection with the agency shall be transferred to the Secretary for appropriate allocation, subject to the approval of the Director of the Office of Management and Budget and in accordance with the provisions of section 1531(a)(2) of title 31; and

(2) the Secretary shall have all functions relating to the agency that any other official could by law exercise in relation to the agency immediately before such transfer, and shall have in addition all functions vested in the Secretary by this chapter or other law.

(e) Prohibition on use of transportation trust funds

(1) In general

Notwithstanding any other provision of this chapter, no funds derived from the Highway Trust Fund, Airport and Airway Trust Fund, Inland Waterway Trust Fund, or Harbor Maintenance Trust Fund, may be transferred to, made available to, or obligated by the Secretary or any other official in the Department.

(2) Limitation

This subsection shall not apply to security-related funds provided to the Federal Aviation Administration for fiscal years preceding fiscal year 2003 for (A) operations, (B) facilities and equipment, or (C) research, engineering, and development, and to any funds provided to the Coast Guard from the Sport Fish Restoration and Boating Trust Fund for boating safety programs.

(Pub. L. 107–296, title XV, §1511, Nov. 25, 2002, 116 Stat. 2309; Pub. L. 108–7, div. L, §103(4), Feb. 20, 2003, 117 Stat. 529; Pub. L. 109–59, title XI, §11115(b)(2)(F), Aug. 10, 2005, 119 Stat. 1950.)

Editorial Notes

References in Text

The effective date of this chapter, referred to in subsecs. (a) and (c)(1), is 60 days after Nov. 25, 2002, see section 4 of Pub. L. 107–296, set out as an Effective Date note under section 101 of this title.

This chapter, referred to in subsecs. (c), (d)(2), and (e)(1), was in the original "this Act", meaning Pub. L. 107–296, Nov. 25, 2002, 116 Stat. 2135, known as the Homeland Security Act of 2002, which is classified principally to this chapter. For complete classification of this Act to the Code, see Short Title note set out under section 101 of this title and Tables.

Amendments

2005—Subsec. (e)(2). Pub. L. 109–59 substituted "Sport Fish Restoration and Boating Trust Fund" for "Aquatic Resources Trust Fund of the Highway Trust Fund".

2003—Subsec. (e)(2). Pub. L. 108–7 inserted before period at end ", and to any funds provided to the Coast Guard from the Aquatic Resources Trust Fund of the Highway Trust Fund for boating safety programs".

Statutory Notes and Related Subsidiaries

Effective Date of 2005 Amendment

Pub. L. 109–59, title XI, §11115(d), Aug. 10, 2005, 119 Stat. 1950, provided that: "The amendments made by this section [amending this section and sections 9503 and 9504 of Title 26, Internal Revenue Code] shall take effect on October 1, 2005."
6 U.S.C. § 124f (2024) — Title 6: DOMESTIC SECURITY / Chapter 1: HOMELAND SECURITY ORGANIZATION / Subchapter II: INFORMATION ANALYSIS / Section 124f: Intelligence training development for State and local government officials
Intelligence training development for State and local government officials
Status: in_force

(a) Curriculum

The Secretary, acting through the Under Secretary for Intelligence and Analysis, shall—

(1) develop a curriculum for training State, local, and tribal government officials, including law enforcement officers, intelligence analysts, and other emergency response providers, in the intelligence cycle and Federal laws, practices, and regulations regarding the development, handling, and review of intelligence and other information; and

(2) ensure that the curriculum includes executive level training for senior level State, local, and tribal law enforcement officers, intelligence analysts, and other emergency response providers.

(b) Training

To the extent possible, the Federal Law Enforcement Training Center and other existing Federal entities with the capacity and expertise to train State, local, and tribal government officials based on the curriculum developed under subsection (a) shall be used to carry out the training programs created under this section. If such entities do not have the capacity, resources, or capabilities to conduct such training, the Secretary may approve another entity to conduct such training.

(c) Consultation

In carrying out the duties described in subsection (a), the Under Secretary for Intelligence and Analysis shall consult with the Director of the Federal Law Enforcement Training Center, the Attorney General, the Director of National Intelligence, the Administrator of the Federal Emergency Management Agency, and other appropriate parties, such as private industry, institutions of higher education, nonprofit institutions, and other intelligence agencies of the Federal Government.

(Pub. L. 107–296, title II, §209, as added Pub. L. 110–53, title V, §503(a), Aug. 3, 2007, 121 Stat. 312.)
6 U.S.C. § 232 (2024) — Title 6: DOMESTIC SECURITY / Chapter 1: HOMELAND SECURITY ORGANIZATION / Subchapter IV: BORDER, MARITIME, AND TRANSPORTATION SECURITY / Section 232: Functions of Administrator of General Services
Functions of Administrator of General Services
Status: in_force

(a) Operation, maintenance, and protection of Federal buildings and grounds

Nothing in this chapter may be construed to affect the functions or authorities of the Administrator of General Services with respect to the operation, maintenance, and protection of buildings and grounds owned or occupied by the Federal Government and under the jurisdiction, custody, or control of the Administrator. Except for the law enforcement and related security functions transferred under section 203(3) of this title, the Administrator shall retain all powers, functions, and authorities vested in the Administrator under chapter 1, except section 121(e)(2)(A), and chapters 5 to 11 of title 40 and other provisions of law that are necessary for the operation, maintenance, and protection of such buildings and grounds.

(b) Collection of rents and fees; Federal Buildings Fund

(1) Statutory construction

Nothing in this chapter may be construed—

(A) to direct the transfer of, or affect, the authority of the Administrator of General Services to collect rents and fees, including fees collected for protective services; or

(B) to authorize the Secretary or any other official in the Department to obligate amounts in the Federal Buildings Fund established by section 592 of title 40.

(2) Use of transferred amounts

Any amounts transferred by the Administrator of General Services to the Secretary out of rents and fees collected by the Administrator shall be used by the Secretary solely for the protection of buildings or grounds owned or occupied by the Federal Government.

(Pub. L. 107–296, title IV, §422, Nov. 25, 2002, 116 Stat. 2184.)

Editorial Notes

References in Text

This chapter, referred to in subsecs. (a) and (b)(1), was in the original "this Act", meaning Pub. L. 107–296, Nov. 25, 2002, 116 Stat. 2135, known as the Homeland Security Act of 2002, which is classified principally to this chapter. For complete classification of this Act to the Code, see Short Title note set out under section 101 of this title and Tables.

Codification

"Chapter 1, except section 121(e)(2)(A), and chapters 5 to 11 of title 40" substituted in subsec. (a) for "chapter 10 of title 40" and "section 592 of title 40" substituted in subsec. (b)(1)(B) for "section 490(f) of title 40" on authority of Pub. L. 107–217, §5(c), Aug. 21, 2002, 116 Stat. 1303, the first section of which enacted Title 40, Public Buildings, Property, and Works.
6 U.S.C. § 655 (2024) — Title 6: DOMESTIC SECURITY / Chapter 1: HOMELAND SECURITY ORGANIZATION / Subchapter XVIII: CYBERSECURITY AND INFRASTRUCTURE SECURITY AGENCY / Section 655: Enhancement of Federal and non-Federal cybersecurity
Enhancement of Federal and non-Federal cybersecurity
Status: in_force

In carrying out the responsibilities under section 652 of this title, the Director of the Cybersecurity and Infrastructure Security Agency shall—

(1) as appropriate, provide to State and local government entities, and upon request to private entities that own or operate critical information systems—

(A) analysis and warnings related to threats to, and vulnerabilities of, critical information systems; and

(B) in coordination with the Under Secretary for Emergency Preparedness and Response, crisis management support in response to threats to, or attacks on, critical information systems;

(2) as appropriate, provide technical assistance, upon request, to the private sector and other government entities, in coordination with the Under Secretary for Emergency Preparedness and Response, with respect to emergency recovery plans to respond to major failures of critical information systems; and

(3) fulfill the responsibilities of the Secretary to protect Federal information systems under subchapter II of chapter 35 of title 44.

(Pub. L. 107–296, title XXII, §2205, formerly title II, §223, Nov. 25, 2002, 116 Stat. 2156; Pub. L. 110–53, title V, §531(b)(1)(A), Aug. 3, 2007, 121 Stat. 334; Pub. L. 113–283, §2(e)(3)(A), Dec. 18, 2014, 128 Stat. 3086; renumbered title XXII, §2205, and amended Pub. L. 115–278, §2(g)(2)(I), (9)(A)(i), Nov. 16, 2018, 132 Stat. 4178, 4180; Pub. L. 117–263, div. G, title LXXI, §7143(c)(6), Dec. 23, 2022, 136 Stat. 3663.)

Editorial Notes

Codification

Section was formerly classified to section 143 of this title prior to renumbering by Pub. L. 115–278.

Amendments

2022—Pub. L. 117–263 substituted "Director of the Cybersecurity and Infrastructure Security Agency" for "Director of Cybersecurity and Infrastructure Security" in introductory provisions.

2018—Pub. L. 115–278, §2(g)(9)(A)(i)(I), substituted "section 652 of this title" for "section 121 of this title" and "Director of Cybersecurity and Infrastructure Security" for "Under Secretary appointed under section 113(a)(1)(H) of this title" in introductory provisions.

Par. (1)(B). Pub. L. 115–278, §2(g)(9)(A)(i)(II), struck out "and" at end.

2014—Pub. L. 113–283, §2(e)(3)(A)(i), (ii), inserted "Federal and" before "non-Federal" in section catchline and substituted "the Under Secretary appointed under section 113(a)(1)(H) of this title" for "the Under Secretary for Intelligence and Analysis, in cooperation with the Assistant Secretary for Infrastructure Protection" in introductory provisions.

Par. (3). Pub. L. 113–283, §2(e)(3)(A)(iii), (iv), added par. (3).

2007—Pub. L. 110–53 substituted "Under Secretary for Intelligence and Analysis, in cooperation with the Assistant Secretary for Infrastructure Protection" for "Under Secretary for Information Analysis and Infrastructure Protection" in introductory provisions.

Statutory Notes and Related Subsidiaries

Rule of Construction

Nothing in amendment made by Pub. L. 117–263 to be construed to alter the authorities, responsibilities, functions, or activities of any agency (as such term is defined in 44 U.S.C. 3502) or officer or employee of the United States on or before Dec. 23, 2022, see section 7143(f)(1) of Pub. L. 117–263, set out as a note under section 650 of this title.
6 U.S.C. § 677 (2024) — Title 6: DOMESTIC SECURITY / Chapter 1: HOMELAND SECURITY ORGANIZATION / Subchapter XVIII: CYBERSECURITY AND INFRASTRUCTURE SECURITY AGENCY / Section 677: Sense of Congress
Sense of Congress
Status: in_force

It is the sense of Congress that—

(1) the purpose of this part is to authorize the Secretary to declare that a significant incident has occurred and to establish the authorities that are provided under the declaration to respond to and recover from the significant incident; and

(2) the authorities established under this part are intended to enable the Secretary to provide voluntary assistance to non-Federal entities impacted by a significant incident.

(Pub. L. 107–296, title XXII, §2231, as added Pub. L. 117–58, div. G, title VI, §70602(a), Nov. 15, 2021, 135 Stat. 1267.)
6 U.S.C. § 321q (2024) — Title 6: DOMESTIC SECURITY / Chapter 1: HOMELAND SECURITY ORGANIZATION / Subchapter V: NATIONAL EMERGENCY MANAGEMENT / Section 321q: Coordination of Department of Homeland Security efforts related to food, agriculture, and veterinary defense against terrorism
Coordination of Department of Homeland Security efforts related to food, agriculture, and veterinary defense against terrorism
Status: in_force

(a) Program required

The Secretary, acting through the Assistant Secretary for the Countering Weapons of Mass Destruction Office, shall carry out a program to coordinate the Department's efforts related to defending the food, agriculture, and veterinary systems of the United States against terrorism and other high-consequence events that pose a high risk to homeland security.

(b) Program elements

The coordination program required by subsection (a) shall include, at a minimum, the following:

(1) Providing oversight and management of the Department's responsibilities pursuant to Homeland Security Presidential Directive 9–Defense of United States Agriculture and Food.

(2) Providing oversight and integration of the Department's activities related to veterinary public health, food defense, and agricultural security.

(3) Leading the Department's policy initiatives relating to food, animal, and agricultural incidents, and the impact of such incidents on animal and public health.

(4) Leading the Department's policy initiatives relating to overall domestic preparedness for and collective response to agricultural terrorism.

(5) Coordinating with other Department components, including U.S. Customs and Border Protection, as appropriate, on activities related to food and agriculture security and screening procedures for domestic and imported products.

(6) Coordinating with appropriate Federal departments and agencies.

(7) Other activities as determined necessary by the Secretary.

(c) Rule of construction

Nothing in this section may be construed as altering or superseding the authority of the Secretary of Agriculture or the Secretary of Health and Human Services.

(Pub. L. 107–296, title V, §528, as added Pub. L. 115–43, §2(a), June 30, 2017, 131 Stat. 884; amended Pub. L. 115–387, §2(f)(5), Dec. 21, 2018, 132 Stat. 5168.)

Editorial Notes

Amendments

2018—Subsec. (a). Pub. L. 115–387 substituted "the Countering Weapons of Mass Destruction Office," for "Health Affairs,".
6 U.S.C. § 321 (2024) — Title 6: DOMESTIC SECURITY / Chapter 1: HOMELAND SECURITY ORGANIZATION / Subchapter V: NATIONAL EMERGENCY MANAGEMENT / Section 321: The National Infrastructure Simulation and Analysis Center
The National Infrastructure Simulation and Analysis Center
Status: in_force

(a) Definition

In this section, the term "National Infrastructure Simulation and Analysis Center" means the National Infrastructure Simulation and Analysis Center established under section 5195c(d) of title 42.

(b) Authority

(1) In general

There is in the Department the National Infrastructure Simulation and Analysis Center which shall serve as a source of national expertise to address critical infrastructure protection and continuity through support for activities related to—

(A) counterterrorism, threat assessment, and risk mitigation; and

(B) a natural disaster, act of terrorism, or other man-made disaster.

(2) Infrastructure modeling

(A) Particular support

The support provided under paragraph (1) shall include modeling, simulation, and analysis of the systems and assets comprising critical infrastructure, in order to enhance preparedness, protection, response, recovery, and mitigation activities.

(B) Relationship with other agencies

Each Federal agency and department with critical infrastructure responsibilities under Homeland Security Presidential Directive 7, or any successor to such directive, shall establish a formal relationship, including an agreement regarding information sharing, between the elements of such agency or department and the National Infrastructure Simulation and Analysis Center, through the Department.

(C) Purpose

(i) In general

The purpose of the relationship under subparagraph (B) shall be to permit each Federal agency and department described in subparagraph (B) to take full advantage of the capabilities of the National Infrastructure Simulation and Analysis Center (particularly vulnerability and consequence analysis), consistent with its work load capacity and priorities, for real-time response to reported and projected natural disasters, acts of terrorism, and other man-made disasters.

(ii) Recipient of certain support

Modeling, simulation, and analysis provided under this subsection shall be provided to relevant Federal agencies and departments, including Federal agencies and departments with critical infrastructure responsibilities under Homeland Security Presidential Directive 7, or any successor to such directive.

(Pub. L. 107–296, title V, §511, as added Pub. L. 109–295, title VI, §611(13), Oct. 4, 2006, 120 Stat. 1406.)

Editorial Notes

Prior Provisions

A prior section 321, Pub. L. 107–296, title V, §510, as added Pub. L. 108–458, title VII, §7303(d), Dec. 17, 2004, 118 Stat. 3844, related to urban and other high risk area communications capabilities, prior to repeal by Pub. L. 109–295, title VI, §611(5), Oct. 4, 2006, 120 Stat. 1395.
6 U.S.C. § 347 (2024) — Title 6: DOMESTIC SECURITY / Chapter 1: HOMELAND SECURITY ORGANIZATION / Subchapter VII: MANAGEMENT / Section 347: Quadrennial homeland security review
Quadrennial homeland security review
Status: in_force

(a) Requirement

(1) Quadrennial reviews required

In fiscal year 2009, and every 4 years thereafter, the Secretary shall conduct a review of the homeland security of the Nation (in this section referred to as a "quadrennial homeland security review").

(2) Scope of reviews

Each quadrennial homeland security review shall be a comprehensive examination of the homeland security strategy of the Nation, including recommendations regarding the long-term strategy and priorities of the Nation for homeland security and guidance on the programs, assets, capabilities, budget, policies, and authorities of the Department.

(3) Consultation

The Secretary shall conduct each quadrennial homeland security review under this subsection in consultation with—

(A) the heads of other Federal agencies, including the Attorney General, the Secretary of State, the Secretary of Defense, the Secretary of Health and Human Services, the Secretary of the Treasury, the Secretary of Agriculture the Secretary of Energy,,1 and the Director of National Intelligence;

(B) key officials of the Department, including the Under Secretary for Strategy, Policy, and Plans;

(C) representatives from appropriate advisory committees established pursuant to section 451 of this title, including the Homeland Security Advisory Council and the Homeland Security Science and Technology Advisory Committee, or otherwise established, including the Aviation Security Advisory Committee established pursuant to section 44946 of title 49; and

(D) other relevant governmental and nongovernmental entities, including State, local, and tribal government officials, members of Congress, private sector representatives, academics, and other policy experts.

(4) Relationship with future years homeland security program

The Secretary shall ensure that each review conducted under this section is coordinated with the Future Years Homeland Security Program required under section 454 of this title.

(b) Contents of review

In each quadrennial homeland security review, the Secretary shall—

(1) delineate and update, as appropriate, the national homeland security strategy, consistent with appropriate national and Department strategies, strategic plans, and Homeland Security Presidential Directives, including the National Strategy for Homeland Security, the National Response Plan, and the Department Security Strategic Plan;

(2) outline and prioritize the full range of the critical homeland security mission areas of the Nation based on the risk assessment required pursuant to subsection (c)(2)(B);

(3) describe, to the extent practicable, the interagency cooperation, preparedness of Federal response assets, infrastructure, resources required, and other elements of the homeland security program and policies of the Nation associated with the national homeland security strategy, required to execute successfully the full range of missions called for in the national homeland security strategy described in paragraph (1) and the homeland security mission areas outlined under paragraph (2);

(4) identify, to the extent practicable, the resources required to execute the full range of missions called for in the national homeland security strategy described in paragraph (1) and the homeland security mission areas outlined under paragraph (2), including any resources identified from redundant, wasteful, or unnecessary capabilities or capacities that may be redirected to better support other existing capabilities or capacities, as the case may be; and

(5) include an assessment of the organizational alignment of the Department with the national homeland security strategy referred to in paragraph (1) and the homeland security mission areas outlined under paragraph (2).

(c) Reporting

(1) In general

Not later than 60 days after the date of the submission of the President's budget for the fiscal year after the fiscal year in which a quadrennial homeland security review is conducted, the Secretary shall submit to Congress a report regarding that quadrennial homeland security review.

(2) Contents of report

Each report submitted under paragraph (1) shall include—

(A) the results of the quadrennial homeland security review;

(B) a risk assessment of the assumed or defined national homeland security interests of the Nation that were examined for the purposes of that review or for purposes of the quadrennial EMP and GMD risk assessment under section 195f(d)(1)(E) of this title;

(C) the national homeland security strategy, including a prioritized list of the critical homeland security missions of the Nation, as required under subsection (b)(2);

(D) to the extent practicable, a description of the interagency cooperation, preparedness of Federal response assets, infrastructure, resources required, and other elements of the homeland security program and policies of the Nation associated with the national homeland security strategy, required to execute successfully the full range of missions called for in the applicable national homeland security strategy referred to in subsection (b)(1) and the homeland security mission areas outlined under subsection (b)(2);

(E) an assessment of the organizational alignment of the Department with the applicable national homeland security strategy referred to in subsection (b)(1) and the homeland security mission areas outlined under subsection (b)(2), including the Department's organizational structure, management systems, budget and accounting systems, human resources systems, procurement systems, and physical and technical infrastructure;

(F) to the extent practicable, a discussion of cooperation among Federal agencies in the effort to promote national homeland security;

(G) to the extent practicable, a discussion of cooperation between the Federal Government and State, local, and tribal governments in preventing terrorist attacks and preparing for emergency response to threats and risks to national homeland security; and

(H) any other matter the Secretary considers appropriate.

(3) Documentation

The Secretary shall retain and, upon request, provide to Congress the following documentation regarding each quadrennial homeland security review:

(A) Records regarding the consultation carried out pursuant to subsection (a)(3), including the following:

(i) All written communications, including communications sent out by the Secretary and feedback submitted to the Secretary through technology, online communications tools, in-person discussions, and the interagency process.

(ii) Information on how feedback received by the Secretary informed each such quadrennial homeland security review.

(B) Information regarding the risk assessment required pursuant to subsection (c)(2)(B), including the following:

(i) The risk model utilized to generate such risk assessment.

(ii) Information, including data used in the risk model, utilized to generate such risk assessment.

(iii) Sources of information, including other risk assessments, utilized to generate such risk assessment.

(iv) Information on assumptions, weighing factors, and subjective judgments utilized to generate such risk assessment, together with information on the rationale or basis thereof.

(4) Public availability

The Secretary shall, consistent with the protection of national security and other sensitive matters, make each report submitted under paragraph (1) publicly available on the Internet website of the Department.

(d) Review

Not later than 90 days after the submission of each report required under subsection (c)(1), the Secretary shall provide to the Committee on Homeland Security of the House of Representatives and the Committee on Homeland Security and Governmental Affairs of the Senate information on the degree to which the findings and recommendations developed in the quadrennial homeland security review that is the subject of such report were integrated into the acquisition strategy and expenditure plans for the Department.

(e) Authorization of appropriations

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

(Pub. L. 107–296, title VII, §707, as added Pub. L. 110–53, title XXIV, §2401(a), Aug. 3, 2007, 121 Stat. 543; amended Pub. L. 114–328, div. A, title XIX, §1902(b), Dec. 23, 2016, 130 Stat. 2672; Pub. L. 116–92, div. A, title XVII, §1740(b), Dec. 20, 2019, 133 Stat. 1824; Pub. L. 117–263, div. G, title LXXI, §7141(a), Dec. 23, 2022, 136 Stat. 3652.)

Editorial Notes

Amendments

2022—Subsec. (a)(3)(C), (D). Pub. L. 117–263, §7141(a)(1), added subpar. (C) and redesignated former subpar. (C) as (D).

Subsec. (b)(2). Pub. L. 117–263, §7141(a)(2)(A), inserted "based on the risk assessment required pursuant to subsection (c)(2)(B)" before semicolon at end.

Subsec. (b)(3). Pub. L. 117–263, §7141(a)(2)(B), inserted ", to the extent practicable," after "describe" and substituted "resources required" for "budget plan".

Subsec. (b)(4). Pub. L. 117–263, §7141(a)(2)(C), inserted ", to the extent practicable," after "identify" and substituted "resources required to" for "budget plan required to provide sufficient resources to successfully" and ", including any resources identified from redundant, wasteful, or unnecessary capabilities or capacities that may be redirected to better support other existing capabilities or capacities, as the case may be; and" for semicolon at end.

Subsec. (b)(6). Pub. L. 117–263, §7141(a)(2)(D), (E), struck out par. (6) which read as follows: "review and assess the effectiveness of the mechanisms of the Department for executing the process of turning the requirements developed in the quadrennial homeland security review into an acquisition strategy and expenditure plan within the Department."

Subsec. (c)(1). Pub. L. 117–263, §7141(a)(3)(A), substituted "60 days after the date of the submission of the President's budget for the fiscal year after the fiscal year" for "December 31 of the year".

Subsec. (c)(2)(B). Pub. L. 117–263, §7141(a)(3)(B)(i), substituted "risk assessment of" for "description of the threats to".

Subsec. (c)(2)(C). Pub. L. 117–263, §7141(a)(3)(B)(ii), inserted ", as required under subsection (b)(2)" before semicolon at end.

Subsec. (c)(2)(D). Pub. L. 117–263, §7141(a)(3)(B)(iii), inserted "to the extent practicable," before "a description" and substituted "resources required" for "budget plan".

Subsec. (c)(2)(F). Pub. L. 117–263, §7141(a)(3)(B)(iv), inserted "to the extent practicable," before "a discussion" and struck out "the status of" before "cooperation".

Subsec. (c)(2)(G). Pub. L. 117–263, §7141(a)(3)(B)(v), inserted "to the extent practicable," before "a discussion", "and risks" before "to national homeland", and "and" after semicolon at end and struck out "the status of" before "cooperation".

Subsec. (c)(2)(H), (I). Pub. L. 117–263, §7141(a)(3)(B)(vi), (vii), redesignated subpar. (I) as (H) and struck out former subpar. (H) which read as follows: "an explanation of any underlying assumptions used in conducting the review; and".

Subsec. (c)(3), (4). Pub. L. 117–263, §7141(a)(3)(C), (D), added par. (3) and redesignated former par. (3) as (4).

Subsecs. (d), (e). Pub. L. 117–263, §7141(a)(4), (5), added subsec. (d) and redesignated former subsec. (d) as (e).

2019—Subsec. (a)(3)(A). Pub. L. 116–92, §1740(b)(1), inserted "the Secretary of Energy," after "the Secretary of Agriculture".

Subsec. (c)(2)(B). Pub. L. 116–92, §1740(b)(2), which directed insertion of "or for purposes of the quadrennial EMP and GMD risk assessment under section 195f(d)(1)(E) of this title" after review, was executed by making the insertion after "review" as if quotation marks had appeared around the word in the directory language, to reflect the probable intent of Congress.

2016—Subsec. (a)(3)(B). Pub. L. 114–328 inserted ", including the Under Secretary for Strategy, Policy, and Plans" after "Department".

Statutory Notes and Related Subsidiaries

Effective Date of 2022 Amendment

Pub. L. 117–263, div. G, title LXXI, §7141(b), Dec. 23, 2022, 136 Stat. 3654, provided that: "The amendments made by this Act [probably means "this section", amending this section] shall apply with respect to a quadrennial homeland security review conducted after December 31, 2021."

Preparation for First Quadrennial Homeland Security Review

Pub. L. 110–53, title XXIV, §2401(b), Aug. 3, 2007, 121 Stat. 546, provided that:

"(1) In general.—During fiscal years 2007 and 2008, the Secretary of Homeland Security shall make preparations to conduct the first quadrennial homeland security review under section 707 of the Homeland Security Act of 2002 [6 U.S.C. 347], as added by subsection (a), in fiscal year 2009, including—

"(A) determining the tasks to be performed;

"(B) estimating the human, financial, and other resources required to perform each task;

"(C) establishing the schedule for the execution of all project tasks;

"(D) ensuring that these resources will be available as needed; and

"(E) all other preparations considered necessary by the Secretary.

"(2) Report.—Not later than 60 days after the date of enactment of this Act [Aug. 3, 2007], the Secretary shall submit to Congress and make publicly available on the Internet website of the Department of Homeland Security a detailed resource plan specifying the estimated budget and number of staff members that will be required for preparation of the first quadrennial homeland security review."

1 So in original.
6 U.S.C. § 665a (2024) — Title 6: DOMESTIC SECURITY / Chapter 1: HOMELAND SECURITY ORGANIZATION / Subchapter XVIII: CYBERSECURITY AND INFRASTRUCTURE SECURITY AGENCY / Section 665a: Intelligence and cybersecurity diversity fellowship program
Intelligence and cybersecurity diversity fellowship program
Status: in_force

(a) Definitions

In this section:

(1) Appropriate committees of Congress

The term "appropriate committees of Congress" means—

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

(B) the Committee on Homeland Security and the Permanent Select Committee on Intelligence of the House of Representatives.

(2) Excepted service

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

(3) Historically Black college or university

The term "historically Black college or university" has the meaning given the term "part B institution" in section 1061 of title 20.

(4) Institution of higher education

The term "institution of higher education" has the meaning given that term in section 1001 of title 20.

(5) Minority-serving institution

The term "minority-serving institution" means an institution of higher education described in section 1067q(a) of title 20.

(b) Program

The Secretary shall carry out an intelligence and cybersecurity diversity fellowship program (in this section referred to as the "Program") under which an eligible individual may—

(1) participate in a paid internship at the Department that relates to intelligence, cybersecurity, or some combination thereof;

(2) receive tuition assistance from the Secretary; and

(3) upon graduation from an institution of higher education and successful completion of the Program (as defined by the Secretary), receive an offer of employment to work in an intelligence or cybersecurity position of the Department that is in the excepted service.

(c) Eligibility

To be eligible to participate in the Program, an individual shall—

(1) be a citizen of the United States; and

(2) as of the date of submitting the application to participate in the Program—

(A) have a cumulative grade point average of at least 3.2 on a 4.0 scale;

(B) be a socially disadvantaged individual (as that term in 1 defined in section 124.103 of title 13, Code of Federal Regulations, or successor regulation); and

(C) be a sophomore, junior, or senior at an institution of higher education.

(d) Direct hire authority

If an individual who receives an offer of employment under subsection (b)(3) accepts such offer, the Secretary shall appoint, without regard to provisions of subchapter I of chapter 33 of title 5 (except for section 3328 of such title) such individual to the position specified in such offer.

(e) Reports

(1) Reports

Not later than 1 year after December 27, 2020, and on an annual basis thereafter, the Secretary shall submit to the appropriate committees of Congress a report on the Program.

(2) Matters

Each report under paragraph (1) shall include, with respect to the most recent year, the following:

(A) A description of outreach efforts by the Secretary to raise awareness of the Program among institutions of higher education in which eligible individuals are enrolled.

(B) Information on specific recruiting efforts conducted by the Secretary to increase participation in the Program.

(C) The number of individuals participating in the Program, listed by the institution of higher education in which the individual is enrolled at the time of participation, and information on the nature of such participation, including on whether the duties of the individual under the Program relate primarily to intelligence or to cybersecurity.

(D) The number of individuals who accepted an offer of employment under the Program and an identification of the element within the Department to which each individual was appointed.

(Pub. L. 107–296, title XIII, §1333, as added Pub. L. 116–260, div. W, title IV, §404(a), Dec. 27, 2020, 134 Stat. 2378.)

Editorial Notes

Codification

Section was enacted as part of title XIII of Pub. L. 107–296, and not as part of title XXII of 107–296 which comprises this subchapter.

1 So in original. Probably should be "is".
6 U.S.C. § 257 (2024) — Title 6: DOMESTIC SECURITY / Chapter 1: HOMELAND SECURITY ORGANIZATION / Subchapter IV: BORDER, MARITIME, AND TRANSPORTATION SECURITY / Section 257: Report
Report
Status: in_force

(a) In general

The Secretary of Homeland Security shall submit an annual report to the congressional committees set forth in subsection (b) that includes a description of—

(1) the cross-border tunnels along the border between Mexico and the United States discovered during the preceding fiscal year; and

(2) the needs of the Department of Homeland Security to effectively prevent, investigate and prosecute border tunnel construction along the border between Mexico and the United States.

(b) Congressional committees

The congressional committees set forth in this subsection are—

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

(2) the Committee on the Judiciary of the Senate;

(3) the Committee on Appropriations of the Senate;

(4) the Committee on Homeland Security of the House of Representatives;

(5) the Committee on the Judiciary of the House of Representatives; and

(6) the Committee on Appropriations of the House of Representatives.

(Pub. L. 112–127, §8, June 5, 2012, 126 Stat. 371.)

Editorial Notes

Codification

Section was enacted as part of the Border Tunnel Prevention Act of 2012, and not as part of the Homeland Security Act of 2002 which comprises this chapter.

Statutory Notes and Related Subsidiaries

DHS Illicit Cross-Border Tunnel Defense

Pub. L. 117–263, div. G, title LXXI, §7134, Dec. 23, 2022, 136 Stat. 3649, provided that:

"(a) Counter Illicit Cross-border Tunnel Operations Strategic Plan.—

"(1) In general.—Not later than 180 days after the date of the enactment of this Act [Dec. 23, 2022], the Commissioner of U.S. Customs and Border Protection, in coordination with the Under Secretary for Science and Technology, and, as appropriate, other officials of the Department of Homeland Security, shall develop a counter illicit cross-border tunnel operations strategic plan (in this section referred to as the 'strategic plan') to address the following:

"(A) Risk-based criteria to be used to prioritize the identification, breach, assessment, and remediation of illicit cross-border tunnels.

"(B) Promote the use of innovative technologies to identify, breach, assess, and remediate illicit cross-border tunnels in a manner that, among other considerations, reduces the impact of such activities on surrounding communities.

"(C) Processes to share relevant illicit cross-border tunnel location, operations, and technical information.

"(D) Indicators of specific types of illicit cross-border tunnels found in each U.S. Border Patrol sector identified through operations to be periodically disseminated to U.S. Border Patrol sector chiefs to educate field personnel.

"(E) A counter illicit cross-border tunnel operations resource needs assessment that includes consideration of the following:

"(i) Technology needs.

"(ii) Staffing needs, including the following:

     "(I) A position description for counter illicit cross-border tunnel operations personnel.

     "(II) Any specialized skills required of such personnel.

     "(III) The number of such full time personnel, disaggregated by U.S. Border Patrol sector.

"(2) Report to congress on strategic plan.—Not later than one year after the development of the strategic plan, the Commissioner of U.S. Customs and Border Protection 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 implementation of the strategic plan.

"(b) Authorization of Appropriations.—There is authorized to be appropriated to the Commissioner of U.S. Customs and Border Protection $1,000,000 for each of fiscal years 2023 and 2024 to carry out—

"(1) the development of the strategic plan; and

"(2) remediation operations of illicit cross-border tunnels in accordance with the strategic plan to the maximum extent practicable."
6 U.S.C. § 645a (2024) — Title 6: DOMESTIC SECURITY / Chapter 1: HOMELAND SECURITY ORGANIZATION / Subchapter XVII: ANTI-TRAFFICKING TRAINING FOR DEPARTMENT OF HOMELAND SECURITY PERSONNEL / Section 645a: Human trafficking assessment
Human trafficking assessment
Status: in_force

Not later than 1 year after December 21, 2018, and annually thereafter, the Executive Associate Director of Homeland Security Investigations shall submit to the Committee on Homeland Security and Governmental Affairs and the Committee on the Judiciary of the Senate, and the Committee on Homeland Security and the Committee on the Judiciary of the House of Representatives a report on human trafficking investigations undertaken by Homeland Security Investigations that includes—

(1) the number of confirmed human trafficking investigations by category, including labor trafficking, sex trafficking, and transnational and domestic human trafficking;

(2) the number of victims by category, including—

(A) whether the victim is a victim of sex trafficking or a victim of labor trafficking; and

(B) whether the victim is a minor or an adult; and

(3) an analysis of the data described in paragraphs (1) and (2) and other data available to Homeland Security Investigations that indicates any general human trafficking or investigatory trends.

(Pub. L. 115–393, title IV, §403, Dec. 21, 2018, 132 Stat. 5275.)

Editorial Notes

Codification

Section was enacted as part of the Trafficking Victims Protection Act of 2017, and not as part of the Homeland Security Act of 2002 which comprises this chapter.
6 U.S.C. § 321b (2024) — Title 6: DOMESTIC SECURITY / Chapter 1: HOMELAND SECURITY ORGANIZATION / Subchapter V: NATIONAL EMERGENCY MANAGEMENT / Section 321b: Disability Coordinator
Disability Coordinator
Status: in_force

(a) In general

After consultation with organizations representing individuals with disabilities, the National Council on Disabilities, and the Interagency Coordinating Council on Preparedness and Individuals with Disabilities, established under Executive Order No. 13347, the Administrator shall appoint a Disability Coordinator. The Disability Coordinator shall report directly to the Administrator, in order to ensure that the needs of individuals with disabilities are being properly addressed in emergency preparedness and disaster relief.

(b) Responsibilities

The Disability Coordinator shall be responsible for—

(1) providing guidance and coordination on matters related to individuals with disabilities in emergency planning requirements and relief efforts in the event of a natural disaster, act of terrorism, or other man-made disaster;

(2) interacting with the staff of the Agency, the National Council on Disabilities, the Interagency Coordinating Council on Preparedness and Individuals with Disabilities established under Executive Order No. 13347, other agencies of the Federal Government, and State, local, and tribal government authorities regarding the needs of individuals with disabilities in emergency planning requirements and relief efforts in the event of a natural disaster, act of terrorism, or other man-made disaster;

(3) consulting with organizations that represent the interests and rights of individuals with disabilities about the needs of individuals with disabilities in emergency planning requirements and relief efforts in the event of a natural disaster, act of terrorism, or other man-made disaster;

(4) ensuring the coordination and dissemination of best practices and model evacuation plans for individuals with disabilities;

(5) ensuring the development of training materials and a curriculum for training of emergency response providers, State, local, and tribal government officials, and others on the needs of individuals with disabilities;

(6) promoting the accessibility of telephone hotlines and websites regarding emergency preparedness, evacuations, and disaster relief;

(7) working to ensure that video programming distributors, including broadcasters, cable operators, and satellite television services, make emergency information accessible to individuals with hearing and vision disabilities;

(8) ensuring the availability of accessible transportation options for individuals with disabilities in the event of an evacuation;

(9) providing guidance and implementing policies to ensure that the rights and wishes of individuals with disabilities regarding post-evacuation residency and relocation are respected;

(10) ensuring that meeting the needs of individuals with disabilities are included in the components of the national preparedness system established under section 744 of this title; and

(11) any other duties as assigned by the Administrator.

(Pub. L. 107–296, title V, §513, as added Pub. L. 109–295, title VI, §611(13), Oct. 4, 2006, 120 Stat. 1408.)

Editorial Notes

References in Text

Executive Order No. 13347, referred to in subsecs. (a) and (b)(2), is set out as a note under section 314 of this title.

Statutory Notes and Related Subsidiaries

Change of Name

Any reference to the Administrator of the Federal Emergency Management Agency in title VI of Pub. L. 109–295 or an amendment by title VI to be considered to refer and apply to the Director of the Federal Emergency Management Agency until Mar. 31, 2007, see section 612(f)(2) of Pub. L. 109–295, set out as a note under section 313 of this title.
6 U.S.C. § 725 (2024) — Title 6: DOMESTIC SECURITY / Chapter 2: NATIONAL EMERGENCY MANAGEMENT / Subchapter I: PERSONNEL PROVISIONS / Section 725: Prepositioned equipment program
Prepositioned equipment program
Status: in_force

(a) In general

The Administrator shall establish a prepositioned equipment program to preposition standardized emergency equipment in at least 11 locations to sustain and replenish critical assets used by State, local, and tribal governments in response to (or rendered inoperable by the effects of) natural disasters, acts of terrorism, and other man-made disasters.

(b) Notice

The Administrator shall notify State, local, and tribal officials in an area in which a location for the prepositioned equipment program will be closed not later than 60 days before the date of such closure.

(Pub. L. 109–295, title VI, §637, Oct. 4, 2006, 120 Stat. 1422.)