dreamproit/uscode huggingface dataset:
6 U.S.C. § 488c (DOMESTIC SECURITY)
§ 488c. Administrative provisions
(a) Cooperative agreements
The Secretary—
(1) may enter into a cooperative agreement with the Secretary of Agriculture, or the head of any State department of agriculture or its designee involved in agricultural regulation, in consultation with the State agency responsible for homeland security, to carry out the provisions of this part; and
(2) wherever possible, shall seek to cooperate with State agencies or their designees that oversee ammonium nitrate facility operations when seeking cooperative agreements to implement the registration and enforcement provisions of this part.
(b) Delegation
(1) Authority
The Secretary may delegate to a State the authority to assist the Secretary in the administration and enforcement of this part.
(2) Delegation required
At the request of a Governor of a State, the Secretary shall delegate to that State the authority to carry out functions under sections 488a and 488b of this title, if the Secretary determines that the State is capable of satisfactorily carrying out such functions.
(3) Funding
Subject to the availability of appropriations, if the Secretary delegates functions to a State under this subsection, the Secretary shall provide to that State sufficient funds to carry out the delegated functions.
(c) Provision of guidance and notification materials to ammonium nitrate facilities
(1) Guidance
The Secretary shall make available to each owner of an ammonium nitrate facility registered under section 488a(c)(1) of this title guidance on—
(A) the identification of suspicious ammonium nitrate purchases or transfers or attempted purchases or transfers;
(B) the appropriate course of action to be taken by the ammonium nitrate facility owner with respect to such a purchase or transfer or attempted purchase or transfer, including—
(i) exercising the right of the owner of the ammonium nitrate facility to decline sale of ammonium nitrate; and
(ii) notifying appropriate law enforcement entities; and
(C) additional subjects determined appropriate to prevent the misappropriation or use of ammonium nitrate in an act of terrorism.
(2) Use of materials and programs
In providing guidance under this subsection, the Secretary shall, to the extent practicable, leverage any relevant materials and programs.
(3) Notification materials
(A) In general
The Secretary shall make available materials suitable for posting at locations where ammonium nitrate is sold.
(B) Design of materials
Materials made available under subparagraph (A) shall be designed to notify prospective ammonium nitrate purchasers of—
(i) the record-keeping requirements under section 488a of this title; and
(ii) the penalties for violating such requirements.
(Pub. L. 107–296, title VIII, § 899D, as added Pub. L. 110–161, div. E, title V, § 563(a), Dec. 26, 2007, 121 Stat. 2087.)
6 U.S.C. § 488d (DOMESTIC SECURITY)
§ 488d. Theft reporting requirement
Any person who is required to comply with section 488a(e) of this title who has knowledge of the theft or unexplained loss of ammonium nitrate shall report such theft or loss to the appropriate Federal law enforcement authorities not later than 1 calendar day of the date on which the person becomes aware of such theft or loss. Upon receipt of such report, the relevant Federal authorities shall inform State, local, and tribal law enforcement entities, as appropriate.
(Pub. L. 107–296, title VIII, § 899E, as added Pub. L. 110–161, div. E, title V, § 563(a), Dec. 26, 2007, 121 Stat. 2088.)
6 U.S.C. § 488e (DOMESTIC SECURITY)
§ 488e. Prohibitions and penalty
(a) Prohibitions
(1) Taking possession
No person shall purchase ammonium nitrate from an ammonium nitrate facility unless such person is registered under subsection (c) or (d) of section 488a of this title, or is an agent of a person registered under subsection (c) or (d) of that section.
(2) Transferring possession
An owner of an ammonium nitrate facility shall not transfer possession of ammonium nitrate from the ammonium nitrate facility to any ammonium nitrate purchaser who is not registered under subsection (c) or (d) of section 488a of this title, or to any agent acting on behalf of an ammonium nitrate purchaser when such purchaser is not registered under subsection (c) or (d) of section 488a of this title.
(3) Other prohibitions
No person shall—
(A) purchase ammonium nitrate without a registration number required under subsection (c) or (d) of section 488a of this title;
(B) own or operate an ammonium nitrate facility without a registration number required under section 488a(c) of this title; or
(C) fail to comply with any requirement or violate any other prohibition under this part.
(b) Civil penalty
A person that violates this part may be assessed a civil penalty by the Secretary of not more than $50,000 per violation.
(c) Penalty considerations
In determining the amount of a civil penalty under this section, the Secretary shall consider—
(1) the nature and circumstances of the violation;
(2) with respect to the person who commits the violation, any history of prior violations, the ability to pay the penalty, and any effect the penalty is likely to have on the ability of such person to do business; and
(3) any other matter that the Secretary determines that justice requires.
(d) Notice and opportunity for a hearing
No civil penalty may be assessed under this part unless the person liable for the penalty has been given notice and an opportunity for a hearing on the violation for which the penalty is to be assessed in the county, parish, or incorporated city of residence of that person.
(e) Delay in application of prohibition
Paragraphs (1) and (2) of subsection (a) shall apply on and after the date that is 6 months after the date that the Secretary issues a final rule implementing this part.
(Pub. L. 107–296, title VIII, § 899F, as added Pub. L. 110–161, div. E, title V, § 563(a), Dec. 26, 2007, 121 Stat. 2088.)
6 U.S.C. § 488f (DOMESTIC SECURITY)
§ 488f. Protection from civil liability
(a) In general
Notwithstanding any other provision of law, an owner of an ammonium nitrate facility that in good faith refuses to sell or transfer ammonium nitrate to any person, or that in good faith discloses to the Department or to appropriate law enforcement authorities an actual or attempted purchase or transfer of ammonium nitrate, based upon a reasonable belief that the person seeking purchase or transfer of ammonium nitrate may use the ammonium nitrate to create an explosive device to be employed in an act of terrorism (as defined in section 3077 of title 18), or to use ammonium nitrate for any other unlawful purpose, shall not be liable in any civil action relating to that refusal to sell ammonium nitrate or that disclosure.
(b) Reasonable belief
A reasonable belief that a person may use ammonium nitrate to create an explosive device to be employed in an act of terrorism under subsection (a) may not solely be based on the race, sex, national origin, creed, religion, status as a veteran, or status as a member of the Armed Forces of the United States of that person.
(Pub. L. 107–296, title VIII, § 899G, as added Pub. L. 110–161, div. E, title V, § 563(a), Dec. 26, 2007, 121 Stat. 2089.)
6 U.S.C. § 488g (DOMESTIC SECURITY)
§ 488g. Preemption of other laws
(a) Other Federal regulations
Except as provided in section 488f of this title, nothing in this part affects any regulation issued by any agency other than an agency of the Department.
(b) State law
Subject to section 488f of this title, this part preempts the laws of any State to the extent that such laws are inconsistent with this part, except that this part shall not preempt any State law that provides additional protection against the acquisition of ammonium nitrate by terrorists or the use of ammonium nitrate in explosives in acts of terrorism or for other illicit purposes, as determined by the Secretary.
(Pub. L. 107–296, title VIII, § 899H, as added Pub. L. 110–161, div. E, title V, § 563(a), Dec. 26, 2007, 121 Stat. 2089.)
6 U.S.C. § 488h (DOMESTIC SECURITY)
§ 488h. Deadlines for regulations
The Secretary—
(1) shall issue a proposed rule implementing this part not later than 6 months after December 26, 2007; and
(2) issue a final rule implementing this part not later than 1 year after December 26, 2007.
(Pub. L. 107–296, title VIII, § 899I, as added Pub. L. 110–161, div. E, title V, § 563(a), Dec. 26, 2007, 121 Stat. 2089.)
6 U.S.C. § 488i (DOMESTIC SECURITY)
§ 488i. Authorization of appropriations
There are authorized to be appropriated to the Secretary—
(1) $2,000,000 for fiscal year 2008; and
(2) $10,750,000 for each of fiscal years 2009 through 2012.
(Pub. L. 107–296, title VIII, § 899J, as added Pub. L. 110–161, div. E, title V, § 563(a), Dec. 26, 2007, 121 Stat. 2090.)
6 U.S.C. § 491 (DOMESTIC SECURITY)
§ 491. National Homeland Security Council
There is established within the Executive Office of the President a council to be known as the “Homeland Security Council” (in this subchapter referred to as the “Council”).
(Pub. L. 107–296, title IX, § 901, Nov. 25, 2002, 116 Stat. 2258.)
6 U.S.C. § 493 (DOMESTIC SECURITY)
§ 493. Membership
(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.)
heading: Amendments
text: 2006—Pub. L. 109–163 designated existing provisions as subsec. (a), inserted heading, and added subsec. (b).
6 U.S.C. § 494 (DOMESTIC SECURITY)
§ 494. Other functions and activities
For the purpose of more effectively coordinating the policies and functions of the United States Government relating to homeland security, the Council shall—
(1) assess the objectives, commitments, and risks of the United States in the interest of homeland security and to 1 make resulting recommendations to the President;
(2) oversee and review homeland security policies of the Federal Government and to 1 make resulting recommendations to the President; and
(3) perform such other functions as the President may direct.
(Pub. L. 107–296, title IX, § 904, Nov. 25, 2002, 116 Stat. 2259.)
6 U.S.C. § 495 (DOMESTIC SECURITY)
§ 495. Staff composition
The Council shall have a staff, the head of which shall be a civilian Executive Secretary, who shall be appointed by the President. The President is authorized to fix the pay of the Executive Secretary at a rate not to exceed the rate of pay payable to the Executive Secretary of the National Security Council.
(Pub. L. 107–296, title IX, § 905, Nov. 25, 2002, 116 Stat. 2259.)
6 U.S.C. § 496 (DOMESTIC SECURITY)
§ 496. Relation to the National Security Council
The President may convene joint meetings of the Homeland Security Council and the National Security Council with participation by members of either Council or as the President may otherwise direct.
(Pub. L. 107–296, title IX, § 906, Nov. 25, 2002, 116 Stat. 2259.)
6 U.S.C. § 511 (DOMESTIC SECURITY)
§ 511. Information security responsibilities of certain agencies
(1) National security responsibilities
(A) Nothing in this chapter (including any amendment made by this chapter) shall supersede any authority of the Secretary of Defense, the Director of Central Intelligence, or other agency head, as authorized by law and as directed by the President, with regard to the operation, control, or management of national security systems, as defined by section 3532(3) 1 of title 44.
(B) Omitted
(2) Atomic Energy Act of 1954
Nothing in this chapter shall supersede any requirement made by or under the Atomic Energy Act of 1954 (42 U.S.C. 2011 et seq.). Restricted Data or Formerly Restricted Data shall be handled, protected, classified, downgraded, and declassified in conformity with the Atomic Energy Act of 1954 (42 U.S.C. 2011 et seq.).
(Pub. L. 107–296, title X, § 1001(c), Nov. 25, 2002, 116 Stat. 2267.)
heading: References in Text
text: This chapter, referred to in text, was in the original “this Act”, meaning Pub. L. 107–296, Nov. 25, 2002, 116 Stat. 2135, known as the Homeland Security Act of 2002, which is classified principally to this chapter. For complete classification of this Act to the Code, see Tables.
The Atomic Energy Act of 1954, referred to in par. (2), is act Aug. 1, 1946, ch. 724, as added by act Aug. 30, 1954, ch. 1073, § 1, 68 Stat. 921, and amended, which is classified generally to chapter 23 (§ 2011 et seq.) of Title 42, The Public Health and Welfare. For complete classification of this Act to the Code, see Short Title note set out under section 2011 of Title 42 and Tables.
heading: Codification
text: Section is comprised of section 1001(c) of Pub. L. 107–296. Par. (1)(B) of section 1001(c) of Pub. L. 107–296 amended section 2224 of Title 10, Armed Forces.
heading: Change of Name
text: Reference to the Director of Central Intelligence or the Director of the Central Intelligence Agency in the Director’s capacity as the head of the intelligence community deemed to be a reference to the Director of National Intelligence. Reference to the Director of Central Intelligence or the Director of the Central Intelligence Agency in the Director’s capacity as the head of the Central Intelligence Agency deemed to be a reference to the Director of the Central Intelligence Agency. See section 1081(a), (b) of Pub. L. 108–458, set out as a note under section 3001 of Title 50, War and National Defense.
heading: Short Title
text: For short title of title X of Pub. L. 107–296, which enacted this subchapter, as the “Federal Information Security Management Act of 2002”, see section 1001(a) of Pub. L. 107–296, set out as a note under section 101 of this title.
6 U.S.C. § 512 (DOMESTIC SECURITY)
§ 512. Construction
Nothing in this chapter, or the amendments made by this chapter, affects the authority of the National Institute of Standards and Technology or the Department of Commerce relating to the development and promulgation of standards or guidelines under paragraphs (1) and (2) of section 278g–3(a) of title 15.
(Pub. L. 107–296, title X, § 1006, Nov. 25, 2002, 116 Stat. 2273.)
heading: References in Text
text: This chapter, referred to in text, was in the original “this Act”, meaning Pub. L. 107–296, Nov. 25, 2002, 116 Stat. 2135, known as the Homeland Security Act of 2002, which is classified principally to this chapter. For complete classification of this Act to the Code, see Tables.
6 U.S.C. § 513 (DOMESTIC SECURITY)
§ 513. Federal air marshal program
(1) Sense of Congress
It is the sense of Congress that the Federal air marshal program is critical to aviation security.
(2) Limitation on statutory construction
Nothing in this chapter, including any amendment made by this chapter, shall be construed as preventing the Under Secretary of Transportation for Security from implementing and training Federal air marshals.
(Pub. L. 107–296, title XIV, § 1402(c), Nov. 25, 2002, 116 Stat. 2305.)
heading: References in Text
text: This chapter, referred to in par. (2), was in the original “this Act”, meaning Pub. L. 107–296, Nov. 25, 2002, 116 Stat. 2135, known as the Homeland Security Act of 2002, which is classified principally to this chapter. For complete classification of this Act to the Code, see Tables.
6 U.S.C. § 521 (DOMESTIC SECURITY)
§ 521. Legal status of EOIR
(a) 1 Existence of EOIR
There is in the Department of Justice the Executive Office for Immigration Review, which shall be subject to the direction and regulation of the Attorney General under section 1103(g) of title 8.
(Pub. L. 107–296, title XI, § 1101, Nov. 25, 2002, 116 Stat. 2273.)
heading: Effective Date
text: Pub. L. 107–296, title XI, § 1104, as added by Pub. L. 108–7, div. L, § 105(a)(3), Feb. 20, 2003, 117 Stat. 531, provided that: “The provisions of this subtitle [subtitle A (§§ 1101–1104) of title XI of Pub. L. 107–296, enacting this part and amending section 1103 of Title 8, Immigration and Nationality] shall take effect on the date of the transfer of functions from the Commissioner of Immigration and Naturalization to officials of the Department of Homeland Security [functions transferred Mar. 1, 2003]”.
6 U.S.C. § 522 (DOMESTIC SECURITY)
§ 522. Statutory construction
Nothing in this chapter, any amendment made by this chapter, or in section 1103 of title 8, shall be construed to limit judicial deference to regulations, adjudications, interpretations, orders, decisions, judgments, or any other actions of the Secretary of Homeland Security or the Attorney General.
(Pub. L. 107–296, title XI, § 1103, Nov. 25, 2002, 116 Stat. 2274.)
heading: References in Text
text: This chapter, referred to in text, was in the original “this Act”, meaning Pub. L. 107–296, Nov. 25, 2002, 116 Stat. 2135, known as the Homeland Security Act of 2002, which is classified principally to this chapter. For complete classification of this Act to the Code, see Tables.
6 U.S.C. § 531 (DOMESTIC SECURITY)
§ 531. Bureau of Alcohol, Tobacco, Firearms, and Explosives
(a) , (b) Transferred
(c) Transfer of authorities, functions, personnel, and assets to the Department of Justice
(1) Transferred
(2) Administration and revenue collection functions
There shall be retained within the Department of the Treasury the authorities, functions, personnel, and assets of the Bureau of Alcohol, Tobacco and Firearms relating to the administration and enforcement of chapters 51 and 52 of title 26, sections 4181 and 4182 of title 26, and title 27.
(3) Transferred
(d) Tax and Trade Bureau
(1) Establishment
There is established within the Department of the Treasury the Tax and Trade Bureau.
(2) Administrator
The Tax and Trade Bureau shall be headed by an Administrator, who shall perform such duties as assigned by the Under Secretary for Enforcement of the Department of the Treasury. The Administrator shall occupy a career-reserved position within the Senior Executive Service.
(3) Responsibilities
The authorities, functions, personnel, and assets of the Bureau of Alcohol, Tobacco and Firearms that are not transferred to the Department of Justice under this section shall be retained and administered by the Tax and Trade Bureau.
(Pub. L. 107–296, title XI, § 1111, Nov. 25, 2002, 116 Stat. 2274; Pub. L. 109–162, title XI, § 1187(b), Jan. 5, 2006, 119 Stat. 3127.)
heading: Amendments
text: 2006—Pub. L. 109–162 transferred section catchline and subsecs. (a)–(c)(1), (3), to section 599A of Title 28, Judiciary and Judicial Procedure.
6 U.S.C. § 532 (DOMESTIC SECURITY)
§ 532. Explosives Training and Research Facility
(a) Establishment
There is established within the Bureau an Explosives Training and Research Facility at Fort AP Hill, Fredericksburg, Virginia.
(b) Purpose
The facility established under subsection (a) of this section shall be utilized to train Federal, State, and local law enforcement officers to—
(1) investigate bombings and explosions;
(2) properly handle, utilize, and dispose of explosive materials and devices;
(3) train canines on explosive detection; and
(4) conduct research on explosives.
(c) Authorization of appropriations
(1) In general
There are authorized to be appropriated such sums as may be necessary to establish and maintain the facility established under subsection (a) of this section.
(2) Availability of funds
Any amounts appropriated pursuant to paragraph (1) shall remain available until expended.
(Pub. L. 107–296, title XI, § 1114, Nov. 25, 2002, 116 Stat. 2280.)
6 U.S.C. § 533 (DOMESTIC SECURITY)
§ 533. Transferred
heading: Codification
text: Section, Pub. L. 107–296, title XI, § 1115, Nov. 25, 2002, 116 Stat. 2280, which related to a Personnel Management Demonstration Project, was transferred to section 599B of Title 28, Judiciary and Judicial Procedure, by Pub. L. 109–162, title XI, § 1187(b), (c)(2), Jan. 5, 2006, 119 Stat. 3127, 3128.
6 U.S.C. § 541 (DOMESTIC SECURITY)
§ 541. Definitions
For purposes of this subchapter:
(1) The term “agency” includes any entity, organizational unit, program, or function.
(2) The term “transition period” means the 12-month period beginning on the effective date of this chapter.
(Pub. L. 107–296, title XV, § 1501, Nov. 25, 2002, 116 Stat. 2307.)
heading: References in Text
text: The effective date of this chapter, referred to in par. (2), 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.
6 U.S.C. § 543 (DOMESTIC SECURITY)
§ 543. Review of congressional committee structures
It is the sense of Congress that each House of Congress should review its committee structure in light of the reorganization of responsibilities within the executive branch by the establishment of the Department.
(Pub. L. 107–296, title XV, § 1503, Nov. 25, 2002, 116 Stat. 2309.)
6 U.S.C. § 552a (DOMESTIC SECURITY)
§ 552a. Savings provision of certain transfers made under the Homeland Security Act of 2002
The transfer of functions under subtitle B of title XI of the Homeland Security Act of 2002 (Public Law 107–296) [6 U.S.C. 531 et seq.] shall not affect any pending or completed administrative actions, including orders, determinations, rules, regulations, personnel actions, permits, agreements, grants, contracts, certificates, licenses, or registrations, in effect on the date immediately prior to the date of such transfer, or any proceeding, unless and until amended, modified, superseded, terminated, set aside, or revoked. Pending civil actions shall not be affected by such transfer of functions.
(Pub. L. 108–7, div. L, § 106, Feb. 20, 2003, 117 Stat. 531.)
heading: References in Text
text: The Homeland Security Act of 2002, referred to in text, is Pub. L. 107–296, Nov. 25, 2002, 116 Stat. 2135, as amended, which is classified principally to this chapter. Subtitle B of title XI of the Act is classified principally to part B (§ 531 et seq.) of subchapter XI of 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.
heading: Codification
text: Section was enacted as part of the Homeland Security Act Amendments of 2003 and also as part of the Consolidated Appropriations Resolution, 2003, and not as part of the Homeland Security Act of 2002 which comprises this chapter.
6 U.S.C. § 553 (DOMESTIC SECURITY)
§ 553. Terminations
Except as otherwise provided in this chapter, whenever all the functions vested by law in any agency have been transferred pursuant to this chapter, each position and office the incumbent of which was authorized to receive compensation at the rates prescribed for an office or position at level II, III, IV, or V, of the Executive Schedule, shall terminate.
(Pub. L. 107–296, title XV, § 1513, Nov. 25, 2002, 116 Stat. 2311.)
heading: References in Text
text: This chapter, referred to in text, was in the original “this Act”, meaning Pub. L. 107–296, Nov. 25, 2002, 116 Stat. 2135, known as the Homeland Security Act of 2002, which is classified principally to this chapter. For complete classification of this Act to the Code, see Short Title note set out under section 101 of this title and Tables.
Levels II, III, IV, and V, of the Executive Schedule, referred to in text, are set out in sections 5313, 5314, 5315, and 5316, respectively, of Title 5, Government Organization and Employees.