dreamproit/uscode huggingface dataset:
6 U.S.C. § 202 (DOMESTIC SECURITY)
§ 202. Responsibilities
The Secretary, acting through the Under Secretary for Border and Transportation Security, shall be responsible for the following:
(1) Preventing the entry of terrorists and the instruments of terrorism into the United States.
(2) Securing the borders, territorial waters, ports, terminals, waterways, and air, land, and sea transportation systems of the United States, including managing and coordinating those functions transferred to the Department at ports of entry.
(3) Carrying out the immigration enforcement functions vested by statute in, or performed by, the Commissioner of Immigration and Naturalization (or any officer, employee, or component of the Immigration and Naturalization Service) immediately before the date on which the transfer of functions specified under section 251 of this title takes effect.
(4) Establishing and administering rules, in accordance with section 236 of this title, governing the granting of visas or other forms of permission, including parole, to enter the United States to individuals who are not a citizen or an alien lawfully admitted for permanent residence in the United States.
(5) Establishing national immigration enforcement policies and priorities.
(6) Except as provided in part C of this subchapter, administering the customs laws of the United States.
(7) Conducting the inspection and related administrative functions of the Department of Agriculture transferred to the Secretary of Homeland Security under section 231 of this title.
(8) In carrying out the foregoing responsibilities, ensuring the speedy, orderly, and efficient flow of lawful traffic and commerce.
(Pub. L. 107–296, title IV, § 402, Nov. 25, 2002, 116 Stat. 2177.)
heading: References in Text
text: Part C of this subchapter, referred to in par. (6), was in the original “subtitle C”, meaning subtitle C (§ 421 et seq.) of title IV of Pub. L. 107–296, Nov. 25, 2002, 116 Stat. 2182, which enacted part C (§ 231 et seq.) of this subchapter and amended sections 2279e and 2279f of Title 7, Agriculture, and sections 115, 44901, and 47106 of Title 49, Transportation. For complete classification of subtitle C to the Code, see Tables.
The customs laws of the United States, referred to in par. (6), are classified generally to Title 19, Customs Duties.
6 U.S.C. § 203 (DOMESTIC SECURITY)
§ 203. Functions transferred
In accordance with subchapter XII of this chapter (relating to transition provisions), there shall be transferred to the Secretary the functions, personnel, assets, and liabilities of—
(1) the United States Customs Service of the Department of the Treasury, including the functions of the Secretary of the Treasury relating thereto;
(2) the Transportation Security Administration of the Department of Transportation, including the functions of the Secretary of Transportation, and of the Under Secretary of Transportation for Security, relating thereto;
(3) the Federal Protective Service of the General Services Administration, including the functions of the Administrator of General Services relating thereto;
(4) the Federal Law Enforcement Training Center of the Department of the Treasury; and
(5) the Office for Domestic Preparedness of the Office of Justice Programs, including the functions of the Attorney General relating thereto.
(Pub. L. 107–296, title IV, § 403, Nov. 25, 2002, 116 Stat. 2178.)
6 U.S.C. § 211 (DOMESTIC SECURITY)
§ 211. Establishment; Commissioner of Customs
(a) Establishment
There is established in the Department the United States Customs Service, under the authority of the Under Secretary for Border and Transportation Security, which shall be vested with those functions including, but not limited to those set forth in section 215(7) of this title, and the personnel, assets, and liabilities attributable to those functions.
(b) Commissioner of Customs
(1) In general
There shall be at the head of the Customs Service a Commissioner of Customs, who shall be appointed by the President, by and with the advice and consent of the Senate.
(2) Omitted
(3) Continuation in office
The individual serving as the Commissioner of Customs on the day before the effective date of this chapter may serve as the Commissioner of Customs on and after such effective date until a Commissioner of Customs is appointed under paragraph (1).
(Pub. L. 107–296, title IV, § 411, Nov. 25, 2002, 116 Stat. 2178.)
heading: References in Text
text: The effective date of this chapter, referred to in subsec. (b)(3), 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: Codification
text: Section is comprised of section 411 of Pub. L. 107–296. Subsec. (b)(2) of section 411 of Pub. L. 107–296 amended section 5314 of Title 5, Government Organization and Employees.
heading: Change of Name
text: Customs Service, referred to in subsecs. (a) and (b)(1), changed to Bureau of Customs and Border Protection 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. § 213 (DOMESTIC SECURITY)
§ 213. Preservation of Customs funds
Notwithstanding any other provision of this chapter, no funds available to the United States Customs Service or collected under paragraphs (1) through (8) of section 58c(a) of title 19 may be transferred for use by any other agency or office in the Department.
(Pub. L. 107–296, title IV, § 413, Nov. 25, 2002, 116 Stat. 2180.)
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.
heading: Change of Name
text: Customs Service, referred to in text, changed to Bureau of Customs and Border Protection 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. § 214 (DOMESTIC SECURITY)
§ 214. Separate budget request for Customs
The President shall include in each budget transmitted to Congress under section 1105 of title 31 a separate budget request for the United States Customs Service.
(Pub. L. 107–296, title IV, § 414, Nov. 25, 2002, 116 Stat. 2180.)
heading: Change of Name
text: Customs Service, referred to in text, changed to Bureau of Customs and Border Protection 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.
heading: Land Border Projects
text: Pub. L. 112–74, div. D, title II, Dec. 23, 2011, 125 Stat. 949, provided in part: “That for fiscal year 2012 and thereafter, the annual budget submission of U.S. Customs and Border Protection for ‘Construction and Facilities Management’ shall, in consultation with the General Services Administration, include a detailed 5-year plan for all Federal land border port of entry projects with a yearly update of total projected future funding needs delineated by land port of entry”.
Similar provisions were contained in the following prior appropriation acts:
Pub. L. 111–83, title II, Oct. 28, 2009, 123 Stat. 2148.
Pub. L. 110–329, div. D, title II, Sept. 30, 2008, 122 Stat. 3658.
6 U.S.C. § 215 (DOMESTIC SECURITY)
§ 215. Definition
In this part, the term “customs revenue function” means the following:
(1) Assessing and collecting customs duties (including antidumping and countervailing duties and duties imposed under safeguard provisions), excise taxes, fees, and penalties due on imported merchandise, including classifying and valuing merchandise for purposes of such assessment.
(2) Processing and denial of entry of persons, baggage, cargo, and mail, with respect to the assessment and collection of import duties.
(3) Detecting and apprehending persons engaged in fraudulent practices designed to circumvent the customs laws of the United States.
(4) Enforcing section 1337 of title 19 and provisions relating to import quotas and the marking of imported merchandise, and providing Customs Recordations for copyrights, patents, and trademarks.
(5) Collecting accurate import data for compilation of international trade statistics.
(6) Enforcing reciprocal trade agreements.
(7) Functions performed by the following personnel, and associated support staff, of the United States Customs Service on the day before the effective date of this chapter: Import Specialists, Entry Specialists, Drawback Specialists, National Import Specialist, Fines and Penalties Specialists, attorneys of the Office of Regulations and Rulings, Customs Auditors, International Trade Specialists, Financial Systems Specialists.
(8) Functions performed by the following offices, with respect to any function described in any of paragraphs (1) through (7), and associated support staff, of the United States Customs Service on the day before the effective date of this chapter: the Office of Information and Technology, the Office of Laboratory Services, the Office of the Chief Counsel, the Office of Congressional Affairs, the Office of International Affairs, and the Office of Training and Development.
(Pub. L. 107–296, title IV, § 415, Nov. 25, 2002, 116 Stat. 2180.)
heading: References in Text
text: This part, referred to in text, was in the original “this subtitle”, meaning subtitle B (§§ 411–419) of title IV of Pub. L. 107–296, Nov. 25, 2002, 116 Stat. 2178, which enacted this part, amended section 5314 of Title 5, Government Organization and Employees, section 58c of Title 19, Customs Duties, and provisions set out as a note under section 2075 of Title 19. For complete classification of subtitle B to the Code, see Tables.
The effective date of this chapter, referred to in pars. (7) and (8), 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. § 216 (DOMESTIC SECURITY)
§ 216. GAO report to Congress
Not later than 3 months after the effective date of this chapter, the Comptroller General of the United States shall submit to Congress a report that sets forth all trade functions performed by the executive branch, specifying each agency that performs each such function.
(Pub. L. 107–296, title IV, § 416, Nov. 25, 2002, 116 Stat. 2181.)
heading: References in Text
text: The effective date of this chapter, referred to in text, 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. § 217 (DOMESTIC SECURITY)
§ 217. Allocation of resources by the Secretary
(a) In general
The Secretary shall ensure that adequate staffing is provided to assure that levels of customs revenue services provided on the day before the effective date of this chapter shall continue to be provided.
(b) Notification of Congress
The Secretary shall notify the Committee on Ways and Means of the House of Representatives and the Committee on Finance of the Senate at least 90 days prior to taking any action which would—
(1) result in any significant reduction in customs revenue services, including hours of operation, provided at any office within the Department or any port of entry;
(2) eliminate or relocate any office of the Department which provides customs revenue services; or
(3) eliminate any port of entry.
(c) Definition
In this section, the term “customs revenue services” means those customs revenue functions described in paragraphs (1) through (6) and paragraph (8) of section 215 of this title.
(Pub. L. 107–296, title IV, § 417, Nov. 25, 2002, 116 Stat. 2181.)
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.
6 U.S.C. § 218 (DOMESTIC SECURITY)
§ 218. Reports to Congress
(a) Continuing reports
The United States Customs Service shall, on and after the effective date of this chapter, continue to submit to the Committee on Ways and Means of the House of Representatives and the Committee on Finance of the Senate any report required, on the day before such the 1 effective date of this chapter, to be so submitted under any provision of law.
(b) Report on conforming amendments
Not later than 60 days after November 25, 2002, the Secretary of the Treasury shall submit a report to the Committee on Finance of the Senate and the Committee on Ways and Means of the House of Representatives of proposed conforming amendments to the statutes set forth under section 212(a)(2) of this title in order to determine the appropriate allocation of legal authorities described under this subsection. The Secretary of the Treasury shall also identify those authorities vested in the Secretary of the Treasury that are exercised by the Commissioner of Customs on or before the effective date of this section.
(Pub. L. 107–296, title IV, § 418, Nov. 25, 2002, 116 Stat. 2181.)
heading: References in Text
text: The effective date of this chapter and the effective date of this section, referred to in text, 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: Customs Service, referred to in subsec. (a), changed to Bureau of Customs and Border Protection 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. § 221 (DOMESTIC SECURITY)
§ 221. Requirements with respect to administering polygraph examinations to law enforcement personnel of U.S. Customs and Border Protection
The Secretary of Homeland Security shall ensure that—
(1) by not later than 2 years after January 4, 2011, all applicants for law enforcement positions with U.S. Customs and Border Protection receive polygraph examinations before being hired for such a position; and
(2) by not later than 180 days after January 4, 2011, U.S. Customs and Border Protection initiates all periodic background reinvestigations for all law enforcement personnel of U.S. Customs and Border Protection that should receive periodic background reinvestigations pursuant to relevant policies of U.S. Customs and Border Protection in effect on the day before January 4, 2011.
(Pub. L. 111–376, § 3, Jan. 4, 2011, 124 Stat. 4104.)
heading: Codification
text: Section was enacted as part of the Anti-Border Corruption Act of 2010, and not as part of the Homeland Security Act of 2002 which comprises this chapter.
heading: Findings
text: Pub. L. 111–376, § 2, Jan. 4, 2011, 124 Stat. 4104, provided that:
“Congress makes the following findings:
“(1) According to the Office of the Inspector General of the Department of Homeland Security, since 2003, 129 U.S. Customs and Border Protection officials have been arrested on corruption charges and, during 2009, 576 investigations were opened on allegations of improper conduct by U.S. Customs and Border Protection officials.
“(2) To foster integrity in the workplace, established policy of U.S. Customs and Border Protection calls for—
“(A) all job applicants for law enforcement positions at U.S. Customs and Border Protection to receive a polygraph examination and a background investigation before being offered employment; and
“(B) relevant employees to receive a periodic background reinvestigation every 5 years.
“(3) According to the Office of Internal Affairs of U.S. Customs and Border Protection—
“(A) in 2009, less than 15 percent of applicants for jobs with U.S. Customs and Border Protection received polygraph examinations;
“(B) as of March 2010, U.S. Customs and Border Protection had a backlog of approximately 10,000 periodic background reinvestigations of existing employees; and
“(C) without additional resources, by the end of fiscal year 2010, the backlog of periodic background reinvestigations will increase to approximately 19,000.”
6 U.S.C. § 222 (DOMESTIC SECURITY)
§ 222. Advanced Training Center Revolving Fund
For fiscal year 2012 and thereafter, U.S. Customs and Border Protection’s Advanced Training Center is authorized to charge fees for any service and/or thing of value it provides to Federal Government or non-government entities or individuals, so long as the fees charged do not exceed the full costs associated with the service or thing of value provided: Provided, That notwithstanding section 3302(b) of title 31, fees collected by the Advanced Training Center are to be deposited into a separate account entitled “Advanced Training Center Revolving Fund”, and be available, without further appropriations, for necessary expenses of the Advanced Training Center program, and are to remain available until expended.
(Pub. L. 112–74, div. D, title V, § 557, Dec. 23, 2011, 125 Stat. 979.)
heading: Codification
text: Section was enacted as part of the Department of Homeland Security Appropriations Act, 2012, and also as part of the Consolidated Appropriations Act, 2012, and not as part of the Homeland Security Act of 2002 which comprises this chapter.
6 U.S.C. § 232 (DOMESTIC SECURITY)
§ 232. Functions of Administrator of General Services
(a) Operation, maintenance, and protection of Federal buildings and grounds
Nothing in this chapter may be construed to affect the functions or authorities of the Administrator of General Services with respect to the operation, maintenance, and protection of buildings and grounds owned or occupied by the Federal Government and under the jurisdiction, custody, or control of the Administrator. Except for the law enforcement and related security functions transferred under section 203(3) of this title, the Administrator shall retain all powers, functions, and authorities vested in the Administrator under chapter 1, except section 121(e)(2)(A), and chapters 5 to 11 of title 40 and other provisions of law that are necessary for the operation, maintenance, and protection of such buildings and grounds.
(b) Collection of rents and fees; Federal Buildings Fund
(1) Statutory construction
Nothing in this chapter may be construed—
(A) to direct the transfer of, or affect, the authority of the Administrator of General Services to collect rents and fees, including fees collected for protective services; or
(B) to authorize the Secretary or any other official in the Department to obligate amounts in the Federal Buildings Fund established by section 592 of title 40.
(2) Use of transferred amounts
Any amounts transferred by the Administrator of General Services to the Secretary out of rents and fees collected by the Administrator shall be used by the Secretary solely for the protection of buildings or grounds owned or occupied by the Federal Government.
(Pub. L. 107–296, title IV, § 422, Nov. 25, 2002, 116 Stat. 2184.)
heading: References in Text
text: This chapter, referred to in subsecs. (a) and (b)(1), was in the original “this Act”, meaning Pub. L. 107–296, Nov. 25, 2002, 116 Stat. 2135, known as the Homeland Security Act of 2002, which is classified principally to this chapter. For complete classification of this Act to the Code, see Short Title note set out under section 101 of this title and Tables.
heading: Codification
text: “Chapter 1, except section 121(e)(2)(A), and chapters 5 to 11 of title 40” substituted in subsec. (a) for “chapter 10 of title 40” and “section 592 of title 40” substituted in subsec. (b)(1)(B) for “section 490(f) of title 40” on authority of Pub. L. 107–217, § 5(c), Aug. 21, 2002, 116 Stat. 1303, the first section of which enacted Title 40, Public Buildings, Property, and Works.
6 U.S.C. § 233 (DOMESTIC SECURITY)
§ 233. Functions of Transportation Security Administration
(a) Consultation with Federal Aviation Administration
The Secretary and other officials in the Department shall consult with the Administrator of the Federal Aviation Administration before taking any action that might affect aviation safety, air carrier operations, aircraft airworthiness, or the use of airspace. The Secretary shall establish a liaison office within the Department for the purpose of consulting with the Administrator of the Federal Aviation Administration.
(b) Report to Congress
Not later than 60 days after November 25, 2002, the Secretary of Transportation shall transmit to Congress a report containing a plan for complying with the requirements of section 44901(d) of title 49.
(c) Limitations on statutory construction
(1) Grant of authority
Nothing in this chapter may be construed to vest in the Secretary or any other official in the Department any authority over transportation security that is not vested in the Under Secretary of Transportation for Security, or in the Secretary of Transportation under chapter 449 of title 49 on the day before November 25, 2002.
(2) Obligation of AIP funds
Nothing in this chapter may be construed to authorize the Secretary or any other official in the Department to obligate amounts made available under section 48103 of title 49.
(Pub. L. 107–296, title IV, § 423, Nov. 25, 2002, 116 Stat. 2185.)
heading: References in Text
text: This chapter, referred to in subsec. (c), 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. § 234 (DOMESTIC SECURITY)
§ 234. Preservation of Transportation Security Administration as a distinct entity
(a) In general
Notwithstanding any other provision of this chapter, and subject to subsection (b) of this section, the Transportation Security Administration shall be maintained as a distinct entity within the Department under the Under Secretary for Border Transportation and Security.
(b) Sunset
Subsection (a) of this section shall cease to apply 2 years after November 25, 2002.
(Pub. L. 107–296, title IV, § 424, Nov. 25, 2002, 116 Stat. 2185.)
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.
6 U.S.C. § 235 (DOMESTIC SECURITY)
§ 235. Coordination of information and information technology
(a) Definition of affected agency
In this section, the term “affected agency” means—
(1) the Department;
(2) the Department of Agriculture;
(3) the Department of Health and Human Services; and
(4) any other department or agency determined to be appropriate by the Secretary.
(b) Coordination
The Secretary, in coordination with the Secretary of Agriculture, the Secretary of Health and Human Services, and the head of each other department or agency determined to be appropriate by the Secretary, shall ensure that appropriate information (as determined by the Secretary) concerning inspections of articles that are imported or entered into the United States, and are inspected or regulated by 1 or more affected agencies, is timely and efficiently exchanged between the affected agencies.
(c) Report and plan
Not later than 18 months after November 25, 2002, the Secretary, in consultation with the Secretary of Agriculture, the Secretary of Health and Human Services, and the head of each other department or agency determined to be appropriate by the Secretary, shall submit to Congress—
(1) a report on the progress made in implementing this section; and
(2) a plan to complete implementation of this section.
(Pub. L. 107–296, title IV, § 427, Nov. 25, 2002, 116 Stat. 2187.)