dreamproit/uscode huggingface dataset:
6 U.S.C. § 237 (DOMESTIC SECURITY)
§ 237. Information on visa denials required to be entered into electronic data system
(a) In general
Whenever a consular officer of the United States denies a visa to an applicant, the consular officer shall enter the fact and the basis of the denial and the name of the applicant into the interoperable electronic data system implemented under section 1722(a) of title 8.
(b) Prohibition
In the case of any alien with respect to whom a visa has been denied under subsection (a) of this section—
(1) no subsequent visa may be issued to the alien unless the consular officer considering the alien’s visa application has reviewed the information concerning the alien placed in the interoperable electronic data system, has indicated on the alien’s application that the information has been reviewed, and has stated for the record why the visa is being issued or a waiver of visa ineligibility recommended in spite of that information; and
(2) the alien may not be admitted to the United States without a visa issued in accordance with the procedures described in paragraph (1).
(Pub. L. 107–296, title IV, § 429, Nov. 25, 2002, 116 Stat. 2191.)
6 U.S.C. § 239 (DOMESTIC SECURITY)
§ 239. Office of Cargo Security Policy
(a) Establishment
There is established within the Department an Office of Cargo Security Policy (referred to in this section as the “Office”).
(b) Purpose
The Office shall—
(1) coordinate all Department policies relating to cargo security; and
(2) consult with stakeholders and coordinate with other Federal agencies in the establishment of standards and regulations and to promote best practices.
(c) Director
(1) Appointment
The Office shall be headed by a Director, who shall—
(A) be appointed by the Secretary; and
(B) report to the Assistant Secretary for Policy.
(2) Responsibilities
The Director shall—
(A) advise the Assistant Secretary for Policy in the development of Department-wide policies regarding cargo security;
(B) coordinate all policies relating to cargo security among the agencies and offices within the Department relating to cargo security; and
(C) coordinate the cargo security policies of the Department with the policies of other executive agencies.
(Pub. L. 107–296, title IV, § 431, as added Pub. L. 109–347, title III, § 301(a), Oct. 13, 2006, 120 Stat. 1920.)
heading: Rule of Construction
text: Pub. L. 109–347, title III, § 301(c), Oct. 13, 2006, 120 Stat. 1920, provided that:
“Nothing in this section [enacting this section and section 1001 of this title] shall be construed to affect—
“(1) the authorities, functions, or capabilities of the Coast Guard to perform its missions; or
“(2) the requirement under section 888 of the Homeland Security Act (6 U.S.C. 468) that those authorities, functions, and capabilities be maintained intact.”
6 U.S.C. § 251 (DOMESTIC SECURITY)
§ 251. Transfer of functions to Under Secretary for Border and Transportation Security
In accordance with subchapter XII of this chapter (relating to transition provisions), there shall be transferred from the Commissioner of Immigration and Naturalization to the Under Secretary for Border and Transportation Security all functions performed under the following programs, and all personnel, assets, and liabilities pertaining to such programs, immediately before such transfer occurs:
(1) The Border Patrol program.
(2) The detention and removal program.
(3) The intelligence program.
(4) The investigations program.
(5) The inspections program.
(Pub. L. 107–296, title IV, § 441, Nov. 25, 2002, 116 Stat. 2192.)
6 U.S.C. § 253 (DOMESTIC SECURITY)
§ 253. Professional responsibility and quality review
The Under Secretary for Border and Transportation Security shall be responsible for—
(1) conducting investigations of noncriminal allegations of misconduct, corruption, and fraud involving any employee of the Bureau of Border Security that are not subject to investigation by the Inspector General for the Department;
(2) inspecting the operations of the Bureau of Border Security and providing assessments of the quality of the operations of such bureau as a whole and each of its components; and
(3) providing an analysis of the management of the Bureau of Border Security.
(Pub. L. 107–296, title IV, § 443, Nov. 25, 2002, 116 Stat. 2194.)
heading: Change of Name
text: Bureau of Border Security, referred to in text, 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.
6 U.S.C. § 254 (DOMESTIC SECURITY)
§ 254. Employee discipline
The Under Secretary for Border and Transportation Security may, notwithstanding any other provision of law, impose disciplinary action, including termination of employment, pursuant to policies and procedures applicable to employees of the Federal Bureau of Investigation, on any employee of the Bureau of Border Security who willfully deceives the Congress or agency leadership on any matter.
(Pub. L. 107–296, title IV, § 444, Nov. 25, 2002, 116 Stat. 2194.)
heading: Change of Name
text: Bureau of Border Security, referred to in text, 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.
6 U.S.C. § 255 (DOMESTIC SECURITY)
§ 255. Report on improving enforcement functions
(a) In general
The Secretary, not later than 1 year after being sworn into office, shall submit to the Committees on Appropriations and the Judiciary of the House of Representatives and of the Senate a report with a plan detailing how the Bureau of Border Security, after the transfer of functions specified under section 251 of this title takes effect, will enforce comprehensively, effectively, and fairly all the enforcement provisions of the Immigration and Nationality Act (8 U.S.C. 1101 et seq.) relating to such functions.
(b) Consultation
In carrying out subsection (a) of this section, the Secretary of Homeland Security shall consult with the Attorney General, the Secretary of State, the Director of the Federal Bureau of Investigation, the Secretary of the Treasury, the Secretary of Labor, the Commissioner of Social Security, the Director of the Executive Office for Immigration Review, and the heads of State and local law enforcement agencies to determine how to most effectively conduct enforcement operations.
(Pub. L. 107–296, title IV, § 445, Nov. 25, 2002, 116 Stat. 2194.)
heading: References in Text
text: The Immigration and Nationality Act, referred to in subsec. (a), is act June 27, 1952, ch. 477, 66 Stat. 163, as amended, which is classified principally to chapter 12 (§ 1101 et seq.) of Title 8, Aliens and Nationality. For complete classification of this Act to the Code, see Short Title note set out under section 1101 of Title 8 and Tables.
heading: Change of Name
text: Bureau of Border Security, referred to in subsec. (a), 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.
6 U.S.C. § 256 (DOMESTIC SECURITY)
§ 256. Sense of Congress regarding construction of fencing near San Diego, California
It is the sense of the Congress that completing the 14-mile border fence project required to be carried out under section 102(b) of the Illegal Immigration Reform and Immigrant Responsibility Act of 1996 (8 U.S.C. 1103 note) should be a priority for the Secretary.
(Pub. L. 107–296, title IV, § 446, Nov. 25, 2002, 116 Stat. 2195.)
heading: References in Text
text: Section 102(b) of the Illegal Immigration Reform and Immigrant Responsibility Act of 1996, referred to in text, is section 102(b) of title I of div. C of Pub. L. 104–208, which is set out as a note under section 1103 of Title 8, Aliens and Nationality.
6 U.S.C. § 257 (DOMESTIC SECURITY)
§ 257. Report
(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.)
heading: Codification
text: 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.
6 U.S.C. § 273 (DOMESTIC SECURITY)
§ 273. Professional responsibility and quality review
(a) In general
The Director of the Bureau of Citizenship and Immigration Services shall be responsible for—
(1) conducting investigations of noncriminal allegations of misconduct, corruption, and fraud involving any employee of the Bureau of Citizenship and Immigration Services that are not subject to investigation by the Inspector General for the Department;
(2) inspecting the operations of the Bureau of Citizenship and Immigration Services and providing assessments of the quality of the operations of such bureau as a whole and each of its components; and
(3) providing an analysis of the management of the Bureau of Citizenship and Immigration Services.
(b) Special considerations
In providing assessments in accordance with subsection (a)(2) of this section with respect to a decision of the Bureau of Citizenship and Immigration Services, or any of its components, consideration shall be given to—
(1) the accuracy of the findings of fact and conclusions of law used in rendering the decision;
(2) any fraud or misrepresentation associated with the decision; and
(3) the efficiency with which the decision was rendered.
(Pub. L. 107–296, title IV, § 453, Nov. 25, 2002, 116 Stat. 2199.)
heading: Effective Date
text: Section effective on the date on which the transfer of functions specified under section 251 of this title takes effect, see section 455 of Pub. L. 107–296, set out as a note under section 271 of this title.
6 U.S.C. § 274 (DOMESTIC SECURITY)
§ 274. Employee discipline
The Director of the Bureau of Citizenship and Immigration Services may, notwithstanding any other provision of law, impose disciplinary action, including termination of employment, pursuant to policies and procedures applicable to employees of the Federal Bureau of Investigation, on any employee of the Bureau of Citizenship and Immigration Services who willfully deceives Congress or agency leadership on any matter.
(Pub. L. 107–296, title IV, § 454, Nov. 25, 2002, 116 Stat. 2200.)
heading: Effective Date
text: Section effective on the date on which the transfer of functions specified under section 251 of this title takes effect, see section 455 of Pub. L. 107–296, set out as a note under section 271 of this title.
6 U.S.C. § 276 (DOMESTIC SECURITY)
§ 276. Report on improving immigration services
(a) In general
The Secretary, not later than 1 year after the effective date of this chapter, shall submit to the Committees on the Judiciary and Appropriations of the House of Representatives and of the Senate a report with a plan detailing how the Bureau of Citizenship and Immigration Services, after the transfer of functions specified in this part takes effect, will complete efficiently, fairly, and within a reasonable time, the adjudications described in paragraphs (1) through (5) of section 271(b) of this title.
(b) Contents
For each type of adjudication to be undertaken by the Director of the Bureau of Citizenship and Immigration Services, the report shall include the following:
(1) Any potential savings of resources that may be implemented without affecting the quality of the adjudication.
(2) The goal for processing time with respect to the application.
(3) Any statutory modifications with respect to the adjudication that the Secretary considers advisable.
(c) Consultation
In carrying out subsection (a) of this section, the Secretary shall consult with the Secretary of State, the Secretary of Labor, the Assistant Secretary of the Bureau of Border Security of the Department, and the Director of the Executive Office for Immigration Review to determine how to streamline and improve the process for applying for and making adjudications described in section 271(b) of this title and related processes.
(Pub. L. 107–296, title IV, § 459, Nov. 25, 2002, 116 Stat. 2201.)
heading: References in Text
text: The effective date of this chapter, referred to in subsec. (a), 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.
heading: Change of Name
text: Bureau of Border Security, referred to in subsec. (c), 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.
6 U.S.C. § 277 (DOMESTIC SECURITY)
§ 277. Report on responding to fluctuating needs
Not later than 30 days after November 25, 2002, the Attorney General shall submit to Congress a report on changes in law, including changes in authorizations of appropriations and in appropriations, that are needed to permit the Immigration and Naturalization Service, and, after the transfer of functions specified in this part takes effect, the Bureau of Citizenship and Immigration Services of the Department, to ensure a prompt and timely response to emergent, unforeseen, or impending changes in the number of applications for immigration benefits, and otherwise to ensure the accommodation of changing immigration service needs.
(Pub. L. 107–296, title IV, § 460, Nov. 25, 2002, 116 Stat. 2201.)
6 U.S.C. § 291 (DOMESTIC SECURITY)
§ 291. Abolishment of INS
(a) In general
Upon completion of all transfers from the Immigration and Naturalization Service as provided for by this chapter, the Immigration and Naturalization Service of the Department of Justice is abolished.
(b) Prohibition
The authority provided by section 542 of this title may be used to reorganize functions or organizational units within the Bureau of Border Security or the Bureau of Citizenship and Immigration Services, but may not be used to recombine the two bureaus into a single agency or otherwise to combine, join, or consolidate functions or organizational units of the two bureaus with each other.
(Pub. L. 107–296, title IV, § 471, Nov. 25, 2002, 116 Stat. 2205.)
heading: References in Text
text: This chapter, referred to in subsec. (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.
heading: Change of Name
text: Bureau of Border Security, referred to in subsec. (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.
6 U.S.C. § 294 (DOMESTIC SECURITY)
§ 294. Sense of Congress
It is the sense of Congress that—
(1) the missions of the Bureau of Border Security and the Bureau of Citizenship and Immigration Services are equally important and, accordingly, they each should be adequately funded; and
(2) the functions transferred under this part should not, after such transfers take effect, operate at levels below those in effect prior to November 25, 2002.
(Pub. L. 107–296, title IV, § 474, Nov. 25, 2002, 116 Stat. 2209.)
heading: Change of Name
text: Bureau of Border Security, referred to in par. (1), 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.
6 U.S.C. § 295 (DOMESTIC SECURITY)
§ 295. Director of Shared Services
(a) In general
Within the Office of Deputy Secretary, there shall be a Director of Shared Services.
(b) Functions
The Director of Shared Services shall be responsible for the coordination of resources for the Bureau of Border Security and the Bureau of Citizenship and Immigration Services, including—
(1) information resources management, including computer databases and information technology;
(2) records and file management; and
(3) forms management.
(Pub. L. 107–296, title IV, § 475, Nov. 25, 2002, 116 Stat. 2209.)
heading: Change of Name
text: Bureau of Border Security, referred to in subsec. (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.
6 U.S.C. § 296 (DOMESTIC SECURITY)
§ 296. Separation of funding
(a) In general
There shall be established separate accounts in the Treasury of the United States for appropriated funds and other deposits available for the Bureau of Citizenship and Immigration Services and the Bureau of Border Security.
(b) Separate budgets
To ensure that the Bureau of Citizenship and Immigration Services and the Bureau of Border Security are funded to the extent necessary to fully carry out their respective functions, the Director of the Office of Management and Budget shall separate the budget requests for each such entity.
(c) Fees
Fees imposed for a particular service, application, or benefit shall be deposited into the account established under subsection (a) of this section that is for the bureau with jurisdiction over the function to which the fee relates.
(d) Fees not transferable
No fee may be transferred between the Bureau of Citizenship and Immigration Services and the Bureau of Border Security for purposes not authorized by section 1356 of title 8.
(Pub. L. 107–296, title IV, § 476, Nov. 25, 2002, 116 Stat. 2209.)
heading: Change of Name
text: Bureau of Border Security, referred to in subsecs. (a), (b), and (d), 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.
6 U.S.C. § 298 (DOMESTIC SECURITY)
§ 298. Immigration functions
(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.)
heading: Change of Name
text: 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 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. § 312 (DOMESTIC SECURITY)
§ 312. Definition
In this subchapter, the term “Nuclear Incident Response Team” means a resource that includes—
(1) those entities of the Department of Energy that perform nuclear or radiological emergency support functions (including accident response, search response, advisory, and technical operations functions), radiation exposure functions at the medical assistance facility known as the Radiation Emergency Assistance Center/Training Site (REAC/TS), radiological assistance functions, and related functions; and
(2) those entities of the Environmental Protection Agency that perform such support functions (including radiological emergency response functions) and related functions.
(Pub. L. 107–296, title V, § 502, formerly § 506, Nov. 25, 2002, 116 Stat. 2214; renumbered § 502, Pub. L. 109–295, title VI, § 611(9), Oct. 4, 2006, 120 Stat. 1395.)
heading: Codification
text: Section was formerly classified to section 316 of this title prior to renumbering by Pub. L. 109–295.
heading: Prior Provisions
text: A prior section 502 of Pub. L. 107–296 was renumbered section 504 and is classified to section 314 of this title.
6 U.S.C. § 314a (DOMESTIC SECURITY)
§ 314a. FEMA programs
Notwithstanding any other provision of Federal law, as of April 1, 2007, the Director of the Federal Emergency Management Agency shall be responsible for the radiological emergency preparedness program and the chemical stockpile emergency preparedness program.
(Pub. L. 109–347, title VI, § 612, Oct. 13, 2006, 120 Stat. 1943.)
heading: Codification
text: Section was enacted as part of the Security and Accountability For Every Port Act of 2006, also known as the SAFE Port Act, and not as part of the Homeland Security Act of 2002 which comprises this chapter.
heading: Change of Name
text: References to the Director of the Federal Emergency Management Agency considered to refer and apply to the Administrator of the Federal Emergency Management Agency, see section 612(c) of Pub. L. 109–295, set out as a note under section 313 of this title.