dreamproit/uscode huggingface dataset:
6 U.S.C. § 346 (DOMESTIC SECURITY)
§ 346. Consolidation and co-location of offices
Not later than 1 year after November 25, 2002, the Secretary shall develop and submit to Congress a plan for consolidating and co-locating—
(1) any regional offices or field offices of agencies that are transferred to the Department under this chapter, if such officers 1 are located in the same municipality; and
(2) portions of regional and field offices of other Federal agencies, to the extent such offices perform functions that are transferred to the Secretary under this chapter.
(Pub. L. 107–296, title VII, § 706, Nov. 25, 2002, 116 Stat. 2220.)
heading: References in Text
text: This chapter, referred to in pars. (1) and (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 Short Title note set out under section 101 of this title and Tables.
6 U.S.C. § 371 (DOMESTIC SECURITY)
§ 371. Repealed. Pub. L. 108–7, div. L, § 104(c)(1), Feb. 20, 2003, 117 Stat. 531
text: Section, Pub. L. 107–296, title VIII, § 811, Nov. 25, 2002, 116 Stat. 2221, related to authority of Secretary of Homeland Security with respect to Inspector General.
6 U.S.C. § 381 (DOMESTIC SECURITY)
§ 381. Functions transferred
In accordance with subchapter XII of this chapter, there shall be transferred to the Secretary the functions, personnel, assets, and obligations of the United States Secret Service, which shall be maintained as a distinct entity within the Department, including the functions of the Secretary of the Treasury relating thereto.
(Pub. L. 107–296, title VIII, § 821, Nov. 25, 2002, 116 Stat. 2224.)
6 U.S.C. § 392 (DOMESTIC SECURITY)
§ 392. Personal services
The Secretary—
(1) may procure the temporary or intermittent services of experts or consultants (or organizations thereof) in accordance with section 3109 of title 5; and
(2) may, whenever necessary due to an urgent homeland security need, procure temporary (not to exceed 1 year) or intermittent personal services, including the services of experts or consultants (or organizations thereof), without regard to the pay limitations of such section 3109.
(Pub. L. 107–296, title VIII, § 832, Nov. 25, 2002, 116 Stat. 2225.)
6 U.S.C. § 394 (DOMESTIC SECURITY)
§ 394. Unsolicited proposals
(a) Regulations required
Within 1 year of November 25, 2002, the Federal Acquisition Regulation shall be revised to include regulations with regard to unsolicited proposals.
(b) Content of regulations
The regulations prescribed under subsection (a) of this section shall require that before initiating a comprehensive evaluation, an agency contact point shall consider, among other factors, that the proposal—
(1) is not submitted in response to a previously published agency requirement; and
(2) contains technical and cost information for evaluation and overall scientific, technical or socioeconomic merit, or cost-related or price-related factors.
(Pub. L. 107–296, title VIII, § 834, Nov. 25, 2002, 116 Stat. 2227.)
6 U.S.C. § 396 (DOMESTIC SECURITY)
§ 396. Lead system integrator; financial interests
(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.)
heading: Codification
text: 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. § 411 (DOMESTIC SECURITY)
§ 411. Establishment of human resources management system
(a) Authority
(1) Sense of Congress
It is the sense of Congress that—
(A) it is extremely important that employees of the Department be allowed to participate in a meaningful way in the creation of any human resources management system affecting them;
(B) such employees have the most direct knowledge of the demands of their jobs and have a direct interest in ensuring that their human resources management system is conducive to achieving optimal operational efficiencies;
(C) the 21st century human resources management system envisioned for the Department should be one that benefits from the input of its employees; and
(D) this collaborative effort will help secure our homeland.
(2) , (3) Omitted
(b) Effect on personnel
(1) Nonseparation or nonreduction in grade or compensation of full-time personnel and part-time personnel holding permanent positions
Except as otherwise provided in this chapter, the transfer under this chapter of full-time personnel (except special Government employees) and part-time personnel holding permanent positions shall not cause any such employee to be separated or reduced in grade or compensation for 1 year after the date of transfer to the Department.
(2) Positions compensated in accordance with Executive Schedule
Any person who, on the day preceding such person’s date of transfer pursuant to this chapter, held a position compensated in accordance with the Executive Schedule prescribed in chapter 53 of title 5 and who, without a break in service, is appointed in the Department to a position having duties comparable to the duties performed immediately preceding such appointment shall continue to be compensated in such new position at not less than the rate provided for such position, for the duration of the service of such person in such new position.
(3) Coordination rule
Any exercise of authority under chapter 97 of title 5, including under any system established under such chapter, shall be in conformance with the requirements of this subsection.
(Pub. L. 107–296, title VIII, § 841, Nov. 25, 2002, 116 Stat. 2229.)
heading: References in Text
text: This chapter, referred to in subsec. (b)(1), (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 Short Title note set out under section 101 of this title and Tables.
heading: Codification
text: Section is comprised of section 841 of Pub. L. 107–296. Subsec. (a)(2), (3) of section 841 of Pub. L. 107–296 enacted chapter 97 (§ 9701) of Title 5, Government Organization and Employees.
6 U.S.C. § 413 (DOMESTIC SECURITY)
§ 413. Use of counternarcotics enforcement activities in certain employee performance appraisals
(a) In general
Each subdivision of the Department that is a National Drug Control Program Agency shall include as one of the criteria in its performance appraisal system, for each employee directly or indirectly involved in the enforcement of Federal, State, or local narcotics laws, the performance of that employee with respect to the enforcement of Federal, State, or local narcotics laws, relying to the greatest extent practicable on objective performance measures, including—
(1) the contribution of that employee to seizures of narcotics and arrests of violators of Federal, State, or local narcotics laws; and
(2) the degree to which that employee cooperated with or contributed to the efforts of other employees, either within the Department or other Federal, State, or local agencies, in counternarcotics enforcement.
(b) Definitions
For purposes of this section—
(1) the term “National Drug Control Program Agency” means—
(A) a National Drug Control Program Agency, as defined in section 1701(7) of title 21 (as last in effect); and
(B) any subdivision of the Department that has a significant counternarcotics responsibility, as determined by—
(i) the counternarcotics officer, appointed under section 458 of this title; or
(ii) if applicable, the counternarcotics officer’s successor in function (as determined by the Secretary); and
(2) the term “performance appraisal system” means a system under which periodic appraisals of job performance of employees are made, whether under chapter 43 of title 5, or otherwise.
(Pub. L. 107–296, title VIII, § 843, as added Pub. L. 108–458, title VII, § 7408(a), Dec. 17, 2004, 118 Stat. 3854.)
heading: References in Text
text: For repeal of section 1701 of title 21, referred to in subsec. (b)(1)(A), see section 1712 of Title 21, Food and Drugs.
6 U.S.C. § 414 (DOMESTIC SECURITY)
§ 414. Homeland Security Rotation Program
(a) 1 Establishment
(1) In general
Not later than 180 days after October 4, 2006, the Secretary shall establish the Homeland Security Rotation Program (in this section referred to as the “Rotation Program”) for employees of the Department. The Rotation Program shall use applicable best practices, including those from the Chief Human Capital Officers Council.
(2) Goals
The Rotation Program established by the Secretary shall—
(A) be established in accordance with the Human Capital Strategic Plan of the Department;
(B) provide middle and senior level employees in the Department the opportunity to broaden their knowledge through exposure to other components of the Department;
(C) expand the knowledge base of the Department by providing for rotational assignments of employees to other components;
(D) build professional relationships and contacts among the employees in the Department;
(E) invigorate the workforce with exciting and professionally rewarding opportunities;
(F) incorporate Department human capital strategic plans and activities, and address critical human capital deficiencies, recruitment and retention efforts, and succession planning within the Federal workforce of the Department; and
(G) complement and incorporate (but not replace) rotational programs within the Department in effect on October 4, 2006.
(3) Administration
(A) In general
The Chief Human Capital Officer shall administer the Rotation Program.
(B) Responsibilities
The Chief Human Capital Officer shall—
(i) provide oversight of the establishment and implementation of the Rotation Program;
(ii) establish a framework that supports the goals of the Rotation Program and promotes cross-disciplinary rotational opportunities;
(iii) establish eligibility for employees to participate in the Rotation Program and select participants from employees who apply;
(iv) establish incentives for employees to participate in the Rotation Program, including promotions and employment preferences;
(v) ensure that the Rotation Program provides professional education and training;
(vi) ensure that the Rotation Program develops qualified employees and future leaders with broad-based experience throughout the Department;
(vii) provide for greater interaction among employees in components of the Department; and
(viii) coordinate with rotational programs within the Department in effect on October 4, 2006.
(4) Allowances, privileges, and benefits
All allowances, privileges, rights, seniority, and other benefits of employees participating in the Rotation Program shall be preserved.
(5) Reporting
Not later than 180 days after the date of the establishment of the Rotation Program, the Secretary shall submit a report on the status of the Rotation Program, including a description of the Rotation Program, the number of employees participating, and how the Rotation Program is used in succession planning and leadership development to the appropriate committees of Congress.
(Pub. L. 107–296, title VIII, § 844, as added Pub. L. 109–295, title VI, § 622(a), Oct. 4, 2006, 120 Stat. 1416.)
6 U.S.C. § 416 (DOMESTIC SECURITY)
§ 416. Use of protective equipment or measures by employees
None of the funds made available in this or any other Act for fiscal year 2013 and thereafter may be used to propose or effect a disciplinary or adverse action, with respect to any Department of Homeland Security employee who engages regularly with the public in the performance of his or her official duties solely because that employee elects to utilize protective equipment or measures, including but not limited to surgical masks, N95 respirators, gloves, or hand-sanitizers, where use of such equipment or measures is in accord with Department of Homeland Security policy, and Centers for Disease Control and Prevention and Office of Personnel Management guidance.
(Pub. L. 113–6, div. D, title V, § 540, Mar. 26, 2013, 127 Stat. 373.)
heading: References in Text
text: This Act, referred to in text, means div. D of Pub. L. 113–6, Mar. 26, 2013, 127 Stat. 342, known as the Department of Homeland Security Appropriations Act, 2013. For complete classification of this Act to the Code, see Tables.
heading: Codification
text: Section was enacted as part of the Department of Homeland Security Appropriations Act, 2013, and not as part of the Homeland Security Act of 2002 which comprises this chapter.
6 U.S.C. § 421 (DOMESTIC SECURITY)
§ 421. Definition
In this part, the term “executive agency” has the meaning given that term under section 133 of title 41.
(Pub. L. 107–296, title VIII, § 851, Nov. 25, 2002, 116 Stat. 2235.)
heading: Codification
text: In text, “section 133 of title 41” substituted for “section 4(1) of the Office of Federal Procurement Policy Act (41 U.S.C. 403(1))” on authority of Pub. L. 111–350, § 6(c), Jan. 4, 2011, 124 Stat. 3854, which Act enacted Title 41, Public Contracts.
6 U.S.C. § 422 (DOMESTIC SECURITY)
§ 422. Procurements for defense against or recovery from terrorism or nuclear, biological, chemical, or radiological attack
The authorities provided in this part apply to any procurement of property or services by or for an executive agency that, as determined by the head of the executive agency, are to be used to facilitate defense against or recovery from terrorism or nuclear, biological, chemical, or radiological attack, but only if a solicitation of offers for the procurement is issued during the 1-year period beginning on November 25, 2002.
(Pub. L. 107–296, title VIII, § 852, Nov. 25, 2002, 116 Stat. 2235.)
6 U.S.C. § 423 (DOMESTIC SECURITY)
§ 423. Increased simplified acquisition threshold for procurements in support of humanitarian or peacekeeping operations or contingency operations
(a) Temporary threshold amounts
For a procurement referred to in section 422 of this title that is carried out in support of a humanitarian or peacekeeping operation or a contingency operation, the simplified acquisition threshold definitions shall be applied as if the amount determined under the exception provided for such an operation in those definitions were—
(1) in the case of a contract to be awarded and performed, or purchase to be made, inside the United States, $200,000; or
(2) in the case of a contract to be awarded and performed, or purchase to be made, outside the United States, $300,000.
(b) Simplified acquisition threshold definitions
In this section, the term “simplified acquisition threshold definitions” means the following:
(1) Section 134 of title 41.
(2) Section 153 of title 41.
(3) Section 2302(7) of title 10.
(c) Small business reserve
For a procurement carried out pursuant to subsection (a) of this section, section 644(j) of title 15 shall be applied as if the maximum anticipated value identified therein is equal to the amounts referred to in subsection (a) of this section.
(Pub. L. 107–296, title VIII, § 853, Nov. 25, 2002, 116 Stat. 2235.)
heading: Codification
text: In subsec. (b)(1), “Section 134 of title 41” substituted for “Section 4(11) of the Office of Federal Procurement Policy Act (41 U.S.C. 403(11))” on authority of Pub. L. 111–350, § 6(c), Jan. 4, 2011, 124 Stat. 3854, which Act enacted Title 41, Public Contracts.
In subsec. (b)(2), “Section 153 of title 41” substituted for “Section 309(d) of the Federal Property and Administrative Services Act of 1949 (41 U.S.C. 259(d))” on authority of Pub. L. 111–350, § 6(c), Jan. 4, 2011, 124 Stat. 3854, which Act enacted Title 41, Public Contracts.
6 U.S.C. § 424 (DOMESTIC SECURITY)
§ 424. Increased micro-purchase threshold for certain procurements
In the administration of section 1902 of title 41 with respect to a procurement referred to in section 422 of this title, the amount specified in subsections (a), (d), and (e) of such section 1902 shall be deemed to be $7,500.
(Pub. L. 107–296, title VIII, § 854, Nov. 25, 2002, 116 Stat. 2236.)
heading: Codification
text: In text, “section 1902 of title 41” substituted for “section 32 of the Office of Federal Procurement Policy Act (41 U.S.C. 428)” and “subsections (a), (d), and (e) of such section 1902” substituted for “subsections (c), (d), and (f) of such section 32” on authority of Pub. L. 111–350, § 6(c), Jan. 4, 2011, 124 Stat. 3854, which Act enacted Title 41, Public Contracts.
6 U.S.C. § 425 (DOMESTIC SECURITY)
§ 425. Application of certain commercial items authorities to certain procurements
(a) Authority
(1) In general
The head of an executive agency may apply the provisions of law listed in paragraph (2) to a procurement referred to in section 422 of this title without regard to whether the property or services are commercial items.
(2) Commercial item laws
The provisions of law referred to in paragraph (1) are as follows:
(A) Sections 1901 and 1906 of title 41.
(B) Section 2304(g) of title 10.
(C) Section 3305 of title 41.
(b) Inapplicability of limitation on use of simplified acquisition procedures
(1) In general
The $5,000,000 limitation provided in section 1901(a)(2) of title 41, section 2304(g)(1)(B) of title 10, and section 3305(a)(2) of title 41 shall not apply to purchases of property or services to which any of the provisions of law referred to in subsection (a) of this section are applied under the authority of this section.
(2) OMB guidance
The Director of the Office of Management and Budget shall issue guidance and procedures for the use of simplified acquisition procedures for a purchase of property or services in excess of $5,000,000 under the authority of this section.
(c) Continuation of authority for simplified purchase procedures
Authority under a provision of law referred to in subsection (a)(2) of this section that expires under section 4202(e) of the Clinger-Cohen Act of 1996 (divisions D and E of Public Law 104–106; 10 U.S.C. 2304 note) shall, notwithstanding such section, continue to apply for use by the head of an executive agency as provided in subsections (a) and (b) of this section.
(Pub. L. 107–296, title VIII, § 855, Nov. 25, 2002, 116 Stat. 2236.)
heading: References in Text
text: Section 4202(e) of the Clinger-Cohen Act of 1996, referred to in subsec. (c), is section 4202(e) of Pub. L. 104–106, which is set out as a note under section 2304 of Title 10, Armed Forces.
heading: Codification
text: In subsec. (a)(2)(A), “Sections 1901 and 1906 of title 41” substituted for “Sections 31 and 34 of the Office of Federal Procurement Policy Act (41 U.S.C. 427, 430)” on authority of Pub. L. 111–350, § 6(c), Jan. 4, 2011, 124 Stat. 3854, which Act enacted Title 41, Public Contracts.
In subsec. (a)(2)(C), “Section 3305 of title 41” substituted for “Section 303(g) of the Federal Property and Administrative Services Act of 1949 (41 U.S.C. 253(g))” on authority of Pub. L. 111–350, § 6(c), Jan. 4, 2011, 124 Stat. 3854, which Act enacted Title 41, Public Contracts.
In subsec. (b)(1), “section 1901(a)(2) of title 41” substituted for “section 31(a)(2) of the Office of Federal Procurement Policy Act (41 U.S.C. 427(a)(2))” and “section 3305(a)(2) of title 41” substituted for “section 303(g)(1)(B) of the Federal Property and Administrative Services Act of 1949 (41 U.S.C. 253(g)(1)(B))” on authority of Pub. L. 111–350, § 6(c), Jan. 4, 2011, 124 Stat. 3854, which Act enacted Title 41, Public Contracts.
6 U.S.C. § 428 (DOMESTIC SECURITY)
§ 428. Identification of new entrants into the Federal marketplace
The head of each executive agency shall conduct market research on an ongoing basis to identify effectively the capabilities, including the capabilities of small businesses and new entrants into Federal contracting, that are available in the marketplace for meeting the requirements of the executive agency in furtherance of defense against or recovery from terrorism or nuclear, biological, chemical, or radiological attack. The head of the executive agency shall, to the maximum extent practicable, take advantage of commercially available market research methods, including use of commercial databases, to carry out the research.
(Pub. L. 107–296, title VIII, § 858, Nov. 25, 2002, 116 Stat. 2238.)