dreamproit/uscode huggingface dataset:
6 U.S.C. § 315 (DOMESTIC SECURITY)
§ 315. Functions transferred
(a) In general
Except as provided in subsection (b), there are transferred to the Agency the following:
(1) All functions of the Federal Emergency Management Agency, including existing responsibilities for emergency alert systems and continuity of operations and continuity of government plans and programs as constituted on June 1, 2006, including all of its personnel, assets, components, authorities, grant programs, and liabilities, and including the functions of the Under Secretary for Federal Emergency Management relating thereto.
(2) The Directorate of Preparedness, as constituted on June 1, 2006, including all of its functions, personnel, assets, components, authorities, grant programs, and liabilities, and including the functions of the Under Secretary for Preparedness relating thereto.
(b) Exceptions
The following within the Preparedness Directorate shall not be transferred:
(1) The Office of Infrastructure Protection.
(2) The National Communications System.
(3) The National Cybersecurity Division.
(4) The Office of the Chief Medical Officer.
(5) The functions, personnel, assets, components, authorities, and liabilities of each component described under paragraphs (1) through (4).
(Pub. L. 107–296, title V, § 505, as added Pub. L. 109–295, title VI, § 611(13), Oct. 4, 2006, 120 Stat. 1400.)
heading: Prior Provisions
text: A prior section 505 of Pub. L. 107–296 was renumbered section 518 and is classified to section 321g of this title.
heading: Effective Date
text: 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.
heading: Transfer of Functions
text: 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.
6 U.S.C. § 316 (DOMESTIC SECURITY)
§ 316. Preserving the Federal Emergency Management Agency
(a) Distinct entity
The Agency shall be maintained as a distinct entity within the Department.
(b) Reorganization
Section 452 of this title shall not apply to the Agency, including any function or organizational unit of the Agency.
(c) Prohibition on changes to missions
(1) In general
The Secretary may not substantially or significantly reduce the authorities, responsibilities, or functions of the Agency or the capability of the Agency to perform those missions, authorities, responsibilities, except as otherwise specifically provided in an Act enacted after October 4, 2006.
(2) Certain transfers prohibited
No asset, function, or mission of the Agency may be diverted to the principal and continuing use of any other organization, unit, or entity of the Department, except for details or assignments that do not reduce the capability of the Agency to perform its missions.
(d) Reprogramming and transfer of funds
In reprogramming or transferring funds, the Secretary shall comply with any applicable provisions of any Act making appropriations for the Department for fiscal year 2007, or any succeeding fiscal year, relating to the reprogramming or transfer of funds.
(Pub. L. 107–296, title V, § 506, as added Pub. L. 109–295, title VI, § 611(13), Oct. 4, 2006, 120 Stat. 1400.)
heading: Prior Provisions
text: A prior section 506 of Pub. L. 107–296 was renumbered section 502 and is classified to section 312 of this title.
6 U.S.C. § 321 (DOMESTIC SECURITY)
§ 321. The National Infrastructure Simulation and Analysis Center
(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.)
heading: Prior Provisions
text: 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. § 321c (DOMESTIC SECURITY)
§ 321c. Department and Agency officials
(a) Deputy Administrators
The President may appoint, by and with the advice and consent of the Senate, not more than 4 Deputy Administrators to assist the Administrator in carrying out this subchapter.
(b) Cybersecurity and communications
There is in the Department an Assistant Secretary for Cybersecurity and Communications.
(c) United States Fire Administration
The Administrator of the United States Fire Administration shall have a rank equivalent to an assistant secretary of the Department.
(Pub. L. 107–296, title V, § 514, as added Pub. L. 109–295, title VI, § 611(13), Oct. 4, 2006, 120 Stat. 1409.)
heading: Effective Date
text: 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. § 321d (DOMESTIC SECURITY)
§ 321d. National Operations Center
(a) Definition
In this section, the term “situational awareness” means information gathered from a variety of sources that, when communicated to emergency managers and decision makers, can form the basis for incident management decisionmaking.
(b) Establishment
The National Operations Center is the principal operations center for the Department and shall—
(1) provide situational awareness and a common operating picture for the entire Federal Government, and for State, local, and tribal governments as appropriate, in the event of a natural disaster, act of terrorism, or other man-made disaster; and
(2) ensure that critical terrorism and disaster-related information reaches government decision-makers.
(c) State and local fire service representation
(1) Establishment of position
The Secretary shall, in consultation with the Administrator of the United States Fire Administration, establish a fire service position at the National Operations Center established under subsection (b) to ensure the effective sharing of information between the Federal Government and State and local fire services.
(2) Designation of position
The Secretary shall designate, on a rotating basis, a State or local fire service official for the position described in paragraph (1).
(3) Management
The Secretary shall manage the position established pursuant to paragraph (1) in accordance with such rules, regulations, and practices as govern other similar rotating positions at the National Operations Center.
(Pub. L. 107–296, title V, § 515, as added Pub. L. 109–295, title VI, § 611(13), Oct. 4, 2006, 120 Stat. 1409; amended Pub. L. 110–376, § 8, Oct. 8, 2008, 122 Stat. 4060.)
heading: Amendments
text: 2008—Subsec. (c). Pub. L. 110–376 added subsec. (c).
6 U.S.C. § 321e (DOMESTIC SECURITY)
§ 321e. Chief Medical Officer
(a) In general
There is in the Department a Chief Medical Officer, who shall be appointed by the President.
(b) Qualifications
The individual appointed as Chief Medical Officer shall possess a demonstrated ability in and knowledge of medicine and public health.
(c) Responsibilities
The Chief Medical Officer shall have the primary responsibility within the Department for medical issues related to natural disasters, acts of terrorism, and other man-made disasters, including—
(1) serving as the principal advisor to the Secretary and the Administrator on medical and public health issues;
(2) coordinating the biodefense activities of the Department;
(3) ensuring internal and external coordination of all medical preparedness and response activities of the Department, including training, exercises, and equipment support;
(4) serving as the Department’s primary point of contact with the Department of Agriculture, the Department of Defense, the Department of Health and Human Services, the Department of Transportation, the Department of Veterans Affairs, and other Federal departments or agencies, on medical and public health issues;
(5) serving as the Department’s primary point of contact for State, local, and tribal governments, the medical community, and others within and outside the Department, with respect to medical and public health matters;
(6) discharging, in coordination with the Under Secretary for Science and Technology, the responsibilities of the Department related to Project Bioshield; and
(7) performing such other duties relating to such responsibilities as the Secretary may require.
(Pub. L. 107–296, title V, § 516, as added Pub. L. 109–295, title VI, § 611(13), Oct. 4, 2006, 120 Stat. 1409; amended Pub. L. 112–166, § 2(f)(4), Aug. 10, 2012, 126 Stat. 1285.)
heading: Amendments
text: 2012—Subsec. (a). Pub. L. 112–166 struck out “, by and with the advice and consent of the Senate” before period at end.
heading: Change of Name
text: 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.
heading: Effective Date of 2012 Amendment
text: Amendment by Pub. L. 112–166 effective 60 days after Aug. 10, 2012, and applicable to appointments made on and after that effective date, including any nomination pending in the Senate on that date, see section 6(a) of Pub. L. 112–166, set out as a note under section 113 of this title.
6 U.S.C. § 321f (DOMESTIC SECURITY)
§ 321f. Nuclear incident response
(a) In general
At the direction of the Secretary (in connection with an actual or threatened terrorist attack, major disaster, or other emergency in the United States), the Nuclear Incident Response Team shall operate as an organizational unit of the Department. While so operating, the Nuclear Incident Response Team shall be subject to the direction, authority, and control of the Secretary.
(b) Rule of construction
Nothing in this subchapter shall be construed to limit the ordinary responsibility of the Secretary of Energy and the Administrator of the Environmental Protection Agency for organizing, training, equipping, and utilizing their respective entities in the Nuclear Incident Response Team, or (subject to the provisions of this subchapter) from exercising direction, authority, and control over them when they are not operating as a unit of the Department.
(Pub. L. 107–296, title V, § 517, formerly § 504, Nov. 25, 2002, 116 Stat. 2213; renumbered § 517, Pub. L. 109–295, title VI, § 611(6), Oct. 4, 2006, 120 Stat. 1395.)
heading: Codification
text: Section was formerly classified to section 314 of this title prior to renumbering by Pub. L. 109–295.
6 U.S.C. § 321g (DOMESTIC SECURITY)
§ 321g. Conduct of certain public health-related activities
(a) In general
With respect to all public health-related activities to improve State, local, and hospital preparedness and response to chemical, biological, radiological, and nuclear and other emerging terrorist threats carried out by the Department of Health and Human Services (including the Public Health Service), the Secretary of Health and Human Services shall set priorities and preparedness goals and further develop a coordinated strategy for such activities in collaboration with the Secretary.
(b) Evaluation of progress
In carrying out subsection (a), the Secretary of Health and Human Services shall collaborate with the Secretary in developing specific benchmarks and outcome measurements for evaluating progress toward achieving the priorities and goals described in such subsection.
(Pub. L. 107–296, title V, § 518, formerly § 505, Nov. 25, 2002, 116 Stat. 2213; renumbered § 518, Pub. L. 109–295, title VI, § 611(6), Oct. 4, 2006, 120 Stat. 1395.)
heading: Codification
text: Section was formerly classified to section 315 of this title prior to renumbering by Pub. L. 109–295.
6 U.S.C. § 321h (DOMESTIC SECURITY)
§ 321h. Use of national private sector networks in emergency response
To the maximum extent practicable, the Secretary shall use national private sector networks and infrastructure for emergency response to chemical, biological, radiological, nuclear, or explosive disasters, and other major disasters.
(Pub. L. 107–296, title V, § 519, formerly § 508, Nov. 25, 2002, 116 Stat. 2215; renumbered § 519, Pub. L. 109–295, title VI, § 611(6), Oct. 4, 2006, 120 Stat. 1395.)
heading: Codification
text: Section was formerly classified to section 318 of this title prior to renumbering by Pub. L. 109–295.
6 U.S.C. § 321i (DOMESTIC SECURITY)
§ 321i. Use of commercially available technology, goods, and services
It is the sense of Congress that—
(1) the Secretary should, to the maximum extent possible, use off-the-shelf commercially developed technologies to ensure that the Department’s information technology systems allow the Department to collect, manage, share, analyze, and disseminate information securely over multiple channels of communication; and
(2) in order to further the policy of the United States to avoid competing commercially with the private sector, the Secretary should rely on commercial sources to supply the goods and services needed by the Department.
(Pub. L. 107–296, title V, § 520, formerly § 509, Nov. 25, 2002, 116 Stat. 2215; renumbered § 520, Pub. L. 109–295, title VI, § 611(6), Oct. 4, 2006, 120 Stat. 1395.)
heading: Codification
text: Section was formerly classified to section 319 of this title prior to renumbering by Pub. L. 109–295.
6 U.S.C. § 321k (DOMESTIC SECURITY)
§ 321k. Model standards and guidelines for critical infrastructure workers
(a) In general
Not later than 12 months after August 3, 2007, and in coordination with appropriate national professional organizations, Federal, State, local, and tribal government agencies, and private-sector and nongovernmental entities, the Administrator shall establish model standards and guidelines for credentialing critical infrastructure workers that may be used by a State to credential critical infrastructure workers that may respond to a natural disaster, act of terrorism, or other man-made disaster.
(b) Distribution and assistance
The Administrator shall provide the standards developed under subsection (a), including detailed written guidance, to State, local, and tribal governments, and provide expertise and technical assistance to aid such governments with credentialing critical infrastructure workers that may respond to a natural disaster, act of terrorism, or other manmade disaster.
(Pub. L. 107–296, title V, § 522, as added Pub. L. 110–53, title IV, § 409(a), Aug. 3, 2007, 121 Stat. 305.)
6 U.S.C. § 321l (DOMESTIC SECURITY)
§ 321l. Guidance and recommendations
(a) In general
Consistent with their responsibilities and authorities under law, as of the day before August 3, 2007, the Administrator and the Assistant Secretary for Infrastructure Protection, in consultation with the private sector, may develop guidance or recommendations and identify best practices to assist or foster action by the private sector in—
(1) identifying potential hazards and assessing risks and impacts;
(2) mitigating the impact of a wide variety of hazards, including weapons of mass destruction;
(3) managing necessary emergency preparedness and response resources;
(4) developing mutual aid agreements;
(5) developing and maintaining emergency preparedness and response plans, and associated operational procedures;
(6) developing and conducting training and exercises to support and evaluate emergency preparedness and response plans and operational procedures;
(7) developing and conducting training programs for security guards to implement emergency preparedness and response plans and operations procedures; and
(8) developing procedures to respond to requests for information from the media or the public.
(b) Issuance and promotion
Any guidance or recommendations developed or best practices identified under subsection (a) shall be—
(1) issued through the Administrator; and
(2) promoted by the Secretary to the private sector.
(c) Small business concerns
In developing guidance or recommendations or identifying best practices under subsection (a), the Administrator and the Assistant Secretary for Infrastructure Protection shall take into consideration small business concerns (under the meaning given that term in section 632 of title 15), including any need for separate guidance or recommendations or best practices, as necessary and appropriate.
(d) Rule of construction
Nothing in this section may be construed to supersede any requirement established under any other provision of law.
(Pub. L. 107–296, title V, § 523, as added Pub. L. 110–53, title IX, § 901(a), Aug. 3, 2007, 121 Stat. 364.)
6 U.S.C. § 321n (DOMESTIC SECURITY)
§ 321n. Acceptance of gifts
(a) Authority
The Secretary may accept and use gifts of property, both real and personal, and may accept gifts of services, including from guest lecturers, for otherwise authorized activities of the Center for Domestic Preparedness that are related to efforts to prevent, prepare for, protect against, or respond to a natural disaster, act of terrorism, or other man-made disaster, including the use of a weapon of mass destruction.
(b) Prohibition
The Secretary may not accept a gift under this section if the Secretary determines that the use of the property or services would compromise the integrity or appearance of integrity of—
(1) a program of the Department; or
(2) an individual involved in a program of the Department.
(c) Report
(1) In general
The Secretary shall submit to the Committee on Homeland Security of the House of Representatives and the Committee on Homeland Security and Governmental Affairs of the Senate an annual report disclosing—
(A) any gifts that were accepted under this section during the year covered by the report;
(B) how the gifts contribute to the mission of the Center for Domestic Preparedness; and
(C) the amount of Federal savings that were generated from the acceptance of the gifts.
(2) Publication
Each report required under paragraph (1) shall be made publically 1 available.
(Pub. L. 107–296, title V, § 525, as added Pub. L. 111–245, § 2(a)(1), Sept. 30, 2010, 124 Stat. 2620.)
6 U.S.C. § 344 (DOMESTIC SECURITY)
§ 344. Chief Human Capital Officer
The Chief Human Capital Officer shall report to the Secretary, or to another official of the Department, as the Secretary may direct and shall ensure that all employees of the Department are informed of their rights and remedies under chapters 12 and 23 of title 5 by—
(1) participating in the 2302(c) Certification Program of the Office of Special Counsel;
(2) achieving certification from the Office of Special Counsel of the Department’s compliance with section 2302(c) of title 5; and
(3) informing Congress of such certification not later than 24 months after November 25, 2002.
(Pub. L. 107–296, title VII, § 704, Nov. 25, 2002, 116 Stat. 2219.)
6 U.S.C. § 345 (DOMESTIC SECURITY)
§ 345. Establishment of Officer for Civil Rights and Civil Liberties
(a) In general
The Officer for Civil Rights and Civil Liberties, who shall report directly to the Secretary, shall—
(1) review and assess information concerning abuses of civil rights, civil liberties, and profiling on the basis of race, ethnicity, or religion, by employees and officials of the Department;
(2) make public through the Internet, radio, television, or newspaper advertisements information on the responsibilities and functions of, and how to contact, the Officer;
(3) assist the Secretary, directorates, and offices of the Department to develop, implement, and periodically review Department policies and procedures to ensure that the protection of civil rights and civil liberties is appropriately incorporated into Department programs and activities;
(4) oversee compliance with constitutional, statutory, regulatory, policy, and other requirements relating to the civil rights and civil liberties of individuals affected by the programs and activities of the Department;
(5) coordinate with the Privacy Officer to ensure that—
(A) programs, policies, and procedures involving civil rights, civil liberties, and privacy considerations are addressed in an integrated and comprehensive manner; and
(B) Congress receives appropriate reports regarding such programs, policies, and procedures; and
(6) investigate complaints and information indicating possible abuses of civil rights or civil liberties, unless the Inspector General of the Department determines that any such complaint or information should be investigated by the Inspector General.
(b) Report
The Secretary shall submit to the President of the Senate, the Speaker of the House of Representatives, and the appropriate committees and subcommittees of Congress on an annual basis a report on the implementation of this section, including the use of funds appropriated to carry out this section, and detailing any allegations of abuses described under subsection (a)(1) of this section and any actions taken by the Department in response to such allegations.
(Pub. L. 107–296, title VII, § 705, Nov. 25, 2002, 116 Stat. 2219; Pub. L. 108–458, title VIII, § 8303, Dec. 17, 2004, 118 Stat. 3867.)
heading: Amendments
text: 2004—Subsec. (a). Pub. L. 108–458, § 8303(1), reenacted heading without change and amended introductory provisions generally. Prior to amendment, introductory provisions read as follows: “The Secretary shall appoint in the Department an Officer for Civil Rights and Civil Liberties, who shall—”.
Subsec. (a)(1). Pub. L. 108–458, § 8303(2), amended par. (1) generally. Prior to amendment, par. (1) read as follows: “review and assess information alleging abuses of civil rights, civil liberties, and racial and ethnic profiling by employees and officials of the Department; and”.
Subsec. (a)(3) to (6). Pub. L. 108–458, § 8303(3), (4), added pars. (3) to (6).