dreamproit/uscode huggingface dataset:
6 U.S.C. § 203 (DOMESTIC SECURITY)
§ 203. Functions transferred
In accordance with subchapter XII (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. § 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), 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) 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. § 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)—
(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. § 251 (DOMESTIC SECURITY)
§ 251. Transfer of functions to Under Secretary for Border and Transportation Security
In accordance with subchapter XII (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. § 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), 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. § 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) 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. § 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), 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. § 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) 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. § 345 (DOMESTIC SECURITY)
§ 345. Establishment of Officer for Civil Rights and Civil Liberties
(a) In general
The Officer for Civil Rights and Civil Liberties, who shall report directly to the Secretary, shall—
(1) review and assess information concerning abuses of civil rights, civil liberties, and profiling on the basis of race, ethnicity, or religion, by employees and officials of the Department;
(2) make public through the Internet, radio, television, or newspaper advertisements information on the responsibilities and functions of, and how to contact, the Officer;
(3) assist the Secretary, directorates, and offices of the Department to develop, implement, and periodically review Department policies and procedures to ensure that the protection of civil rights and civil liberties is appropriately incorporated into Department programs and activities;
(4) oversee compliance with constitutional, statutory, regulatory, policy, and other requirements relating to the civil rights and civil liberties of individuals affected by the programs and activities of the Department;
(5) coordinate with the Privacy Officer to ensure that—
(A) programs, policies, and procedures involving civil rights, civil liberties, and privacy considerations are addressed in an integrated and comprehensive manner; and
(B) Congress receives appropriate reports regarding such programs, policies, and procedures; and
(6) investigate complaints and information indicating possible abuses of civil rights or civil liberties, unless the Inspector General of the Department determines that any such complaint or information should be investigated by the Inspector General.
(b) Report
The Secretary shall submit to the President of the Senate, the Speaker of the House of Representatives, and the appropriate committees and subcommittees of Congress on an annual basis a report on the implementation of this section, including the use of funds appropriated to carry out this section, and detailing any allegations of abuses described under subsection (a)(1) and any actions taken by the Department in response to such allegations.
(Pub. L. 107–296, title VII, § 705, Nov. 25, 2002, 116 Stat. 2219; Pub. L. 108–458, title VIII, § 8303, Dec. 17, 2004, 118 Stat. 3867.)
heading: Amendments
text: 2004—Subsec. (a). Pub. L. 108–458, § 8303(1), reenacted heading without change and amended introductory provisions generally. Prior to amendment, introductory provisions read as follows: “The Secretary shall appoint in the Department an Officer for Civil Rights and Civil Liberties, who shall—”.
Subsec. (a)(1). Pub. L. 108–458, § 8303(2), amended par. (1) generally. Prior to amendment, par. (1) read as follows: “review and assess information alleging abuses of civil rights, civil liberties, and racial and ethnic profiling by employees and officials of the Department; and”.
Subsec. (a)(3) to (6). Pub. L. 108–458, § 8303(3), (4), added pars. (3) to (6).
6 U.S.C. § 381 (DOMESTIC SECURITY)
§ 381. Functions transferred
In accordance with subchapter XII, 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. § 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) 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. § 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), 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).
(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. § 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) 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) 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).
(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. § 452 (DOMESTIC SECURITY)
§ 452. Reorganization
(a) Reorganization
The Secretary may allocate or reallocate functions among the officers of the Department, and may establish, consolidate, alter, or discontinue organizational units within the Department, but only—
(1) pursuant to section 542(b) of this title; or
(2) after the expiration of 60 days after providing notice of such action to the appropriate congressional committees, which shall include an explanation of the rationale for the action.
(b) Limitations
(1) In general
Authority under subsection (a)(1) does not extend to the abolition of any agency, entity, organizational unit, program, or function established or required to be maintained by this chapter.
(2) Abolitions
Authority under subsection (a)(2) does not extend to the abolition of any agency, entity, organizational unit, program, or function established or required to be maintained by statute.
(Pub. L. 107–296, title VIII, § 872, Nov. 25, 2002, 116 Stat. 2243.)
heading: References in Text
text: This chapter, referred to in subsec. (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.
6 U.S.C. § 454 (DOMESTIC SECURITY)
§ 454. Future Years Homeland Security Program
(a) In general
Each budget request submitted to Congress for the Department under section 1105 of title 31 shall, at or about the same time, be accompanied by a Future Years Homeland Security Program.
(b) Contents
The Future Years Homeland Security Program under subsection (a) shall—
(1) include the same type of information, organizational structure, and level of detail as the future years defense program submitted to Congress by the Secretary of Defense under section 221 of title 10;
(2) set forth the homeland security strategy of the Department, which shall be developed and updated as appropriate annually by the Secretary, that was used to develop program planning guidance for the Future Years Homeland Security Program; and
(3) include an explanation of how the resource allocations included in the Future Years Homeland Security Program correlate to the homeland security strategy set forth under paragraph (2).
(c) Effective date
This section shall take effect with respect to the preparation and submission of the fiscal year 2005 budget request for the Department and for any subsequent fiscal year, except that the first Future Years Homeland Security Program shall be submitted not later than 90 days after the Department’s fiscal year 2005 budget request is submitted to Congress.
(Pub. L. 107–296, title VIII, § 874, Nov. 25, 2002, 116 Stat. 2244; Pub. L. 108–330, § 5, Oct. 16, 2004, 118 Stat. 1278.)
heading: Amendments
text: 2004—Subsec. (b). Pub. L. 108–330 added subsec. (b) and struck out heading and text of former subsec. (b). Text read as follows: “The Future Years Homeland Security Program under subsection (a) of this section shall be structured, and include the same type of information and level of detail, as the Future Years Defense Program submitted to Congress by the Department of Defense under section 221 of title 10.”
6 U.S.C. § 483 (DOMESTIC SECURITY)
§ 483. Report
(a) Report required
Not later than 12 months after November 25, 2002, the President shall submit to the congressional committees specified in subsection (b) a report on the implementation of section 482 of this title. The report shall include any recommendations for additional measures or appropriation requests, beyond the requirements of section 482 of this title, to increase the effectiveness of sharing of information between and among Federal, State, and local entities.
(b) Specified congressional committees
The congressional committees referred to in subsection (a) are the following committees:
(1) The Permanent Select Committee on Intelligence and the Committee on the Judiciary of the House of Representatives.
(2) The Select Committee on Intelligence and the Committee on the Judiciary of the Senate.
(Pub. L. 107–296, title VIII, § 893, Nov. 25, 2002, 116 Stat. 2255.)
heading: Delegation of Functions
text: For assignment of function of President under this section, subject to certain limitations, to Secretary of Homeland Security, see Ex. Ord. No. 13311, § 1(b), July 29, 2003, 68 F.R. 45149, set out as a note under section 482 of this title.