dreamproit/uscode huggingface dataset:
25 U.S.C. § 3507 (INDIANS)
§ 3507. Appraisals
(a) In general
For any transaction that requires approval of the Secretary and involves mineral or energy resources held in trust by the United States for the benefit of an Indian tribe or by an Indian tribe subject to Federal restrictions against alienation, any appraisal relating to fair market value of those resources required to be prepared under applicable law may be prepared by—
(1) the Secretary;
(2) the affected Indian tribe; or
(3) a certified, third-party appraiser pursuant to a contract with the Indian tribe.
(b) Secretarial review and approval
Not later than 45 days after the date on which the Secretary receives an appraisal prepared by or for an Indian tribe under paragraph (2) or (3) of subsection (a), the Secretary shall—
(1) review the appraisal; and
(2) approve the appraisal unless the Secretary determines that the appraisal fails to meet the standards set forth in regulations promulgated under subsection (d).
(c) Notice of disapproval
If the Secretary determines that an appraisal submitted for approval under subsection (b) should be disapproved, the Secretary shall give written notice of the disapproval to the Indian tribe and a description of—
(1) each reason for the disapproval; and
(2) how the appraisal should be corrected or otherwise cured to meet the applicable standards set forth in the regulations promulgated under subsection (d).
(d) Regulations
The Secretary shall promulgate regulations to carry out this section, including standards the Secretary shall use for approving or disapproving the appraisal described in subsection (a).
(Pub. L. 102–486, title XXVI, § 2607, as added Pub. L. 115–325, title II, § 204(a), Dec. 18, 2018, 132 Stat. 4463.)
28 U.S.C. § 1631 (JUDICIARY AND JUDICIAL PROCEDURE)
§ 1631. Transfer to cure want of jurisdiction
Whenever a civil action is filed in a court as defined in section 610 of this title or an appeal, including a petition for review of administrative action, is noticed for or filed with such a court and that court finds that there is a want of jurisdiction, the court shall, if it is in the interest of justice, transfer such action or appeal to any other such court (or, for cases within the jurisdiction of the United States Tax Court, to that court) in which the action or appeal could have been brought at the time it was filed or noticed, and the action or appeal shall proceed as if it had been filed in or noticed for the court to which it is transferred on the date upon which it was actually filed in or noticed for the court from which it is transferred.
(Added Pub. L. 97–164, title III, § 301(a), Apr. 2, 1982, 96 Stat. 55; amended Pub. L. 115–332, § 2, Dec. 19, 2018, 132 Stat. 4487.)
heading: Amendments
text: 2018—Pub. L. 115–332 inserted “(or, for cases within the jurisdiction of the United States Tax Court, to that court)” after “any other such court”.
heading: Effective Date
text: Section effective Oct. 1, 1982, see section 402 of Pub. L. 97–164, set out as an Effective Date of 1982 Amendment note under section 171 of this title.
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.
heading: Change of Name
text: Reference to Under Secretary of Transportation for Security deemed to refer to Administrator of the Transportation Security Administration, see section 1994 of Pub. L. 115–254, set out as a note under section 114 of Title 49, Transportation.
6 U.S.C. § 243 (DOMESTIC SECURITY)
§ 243. Maritime operations coordination plan
(a) In general
Not later than 180 days after October 5, 2018, and biennially thereafter, the Secretary shall—
(1) update the Maritime Operations Coordination Plan, published by the Department on July 7, 2011, to strengthen coordination, planning, information sharing, and intelligence integration for maritime operations of components and offices of the Department with responsibility for maritime security missions; and
(2) submit each update to the Committee on Commerce, Science, and Transportation and the Committee on Homeland Security and Governmental Affairs of the Senate and the Committee on Transportation and Infrastructure and the Committee on Homeland Security of the House of Representatives.
(b) Contents
Each update shall address the following:
(1) Coordinating the planning, integration of maritime operations, and development of joint maritime domain awareness efforts of any component or office of the Department with responsibility for maritime security missions.
(2) Maintaining effective information sharing and, as appropriate, intelligence integration, with Federal, State, and local officials and the private sector, regarding threats to maritime security.
(3) Cooperating and coordinating with Federal departments and agencies, and State and local agencies, in the maritime environment, in support of maritime security missions.
(4) Highlighting the work completed within the context of other national and Department maritime security strategic guidance and how that work fits with the Maritime Operations Coordination Plan.
(Pub. L. 107–296, title IV, § 435, as added Pub. L. 115–254, div. J, § 1807(a), Oct. 5, 2018, 132 Stat. 3536.)
6 U.S.C. § 244 (DOMESTIC SECURITY)
§ 244. Maritime security capabilities assessments
Not later than 180 days after October 5, 2018, and annually thereafter, the Secretary shall submit to the Committee on Commerce, Science, and Transportation and the Committee on Homeland Security and Governmental Affairs of the Senate and the Committee on Transportation and Infrastructure and the Committee on Homeland Security of the House of Representatives, an assessment of the number and type of maritime assets and the number of personnel required to increase the Department’s maritime response rate pursuant to section 223 of this title.
(Pub. L. 107–296, title IV, § 436, as added Pub. L. 115–254, div. J, § 1811(a), Oct. 5, 2018, 132 Stat. 3538.)
6 U.S.C. § 513 (DOMESTIC SECURITY)
§ 513. Federal air marshal program
(1) Sense of Congress
It is the sense of Congress that the Federal air marshal program is critical to aviation security.
(2) Limitation on statutory construction
Nothing in this chapter, including any amendment made by this chapter, shall be construed as preventing the Under Secretary of Transportation for Security from implementing and training Federal air marshals.
(Pub. L. 107–296, title XIV, § 1402(c), Nov. 25, 2002, 116 Stat. 2305.)
heading: References in Text
text: This chapter, referred to in par. (2), was in the original “this Act”, meaning Pub. L. 107–296, Nov. 25, 2002, 116 Stat. 2135, known as the Homeland Security Act of 2002, which is classified principally to this chapter. For complete classification of this Act to the Code, see Tables.
heading: Change of Name
text: Reference to Under Secretary of Transportation for Security deemed to refer to Administrator of the Transportation Security Administration, see section 1994 of Pub. L. 115–254, set out as a note under section 114 of Title 49, Transportation.
6 U.S.C. § 565 (DOMESTIC SECURITY)
§ 565. Maintenance validation and oversight
(a) In general
Not later than 180 days after October 5, 2018, the Administrator shall develop and implement a preventive maintenance validation process for security-related technology deployed to airports.
(b) Maintenance by Administration personnel at airports
For maintenance to be carried out by Administration personnel at airports, the process referred to in subsection (a) shall include the following:
(1) Guidance to Administration personnel at airports specifying how to conduct and document preventive maintenance actions.
(2) Mechanisms for the Administrator to verify compliance with the guidance issued pursuant to paragraph (1).
(c) Maintenance by contractors at airports
For maintenance to be carried by a contractor at airports, the process referred to in subsection (a) shall require the following:
(1) Provision of monthly preventative maintenance schedules to appropriate Administration personnel at each airport that includes information on each action to be completed by contractor.1
(2) Notification to appropriate Administration personnel at each airport when maintenance action is completed by a contractor.
(3) A process for independent validation by a third party of contractor maintenance.
(d) Penalties for noncompliance
The Administrator shall require maintenance for any contracts entered into 60 days after October 5, 2018, or later for security-related technology deployed to airports to include penalties for noncompliance when it is determined that either preventive or corrective maintenance has not been completed according to contractual requirements and manufacturers’ specifications.
(Pub. L. 107–296, title XVI, § 1621, as added Pub. L. 115–254, div. K, title I, § 1918(a), Oct. 5, 2018, 132 Stat. 3558.)
6 U.S.C. § 748a (DOMESTIC SECURITY)
§ 748a. Prioritization of facilities
Not later than 180 days after October 5, 2018, the Administrator shall provide guidance and training on an annual basis to State, local, and Indian tribal governments, first responders, and utility companies on—
(1) the need to prioritize assistance to hospitals, nursing homes, and other long-term care facilities to ensure that such health care facilities remain functioning or return to functioning as soon as practicable during power outages caused by natural hazards, including severe weather events;
(2) how hospitals, nursing homes and other long-term care facilities should adequately prepare for power outages during a major disaster or emergency, as those terms are defined in section 5122 of title 42; and
(3) how State, local, and Indian tribal governments, first responders, utility companies, hospitals, nursing homes, and other long-term care facilities should develop a strategy to coordinate emergency response plans, including the activation of emergency response plans, in anticipation of a major disaster, including severe weather events.
(Pub. L. 115–254, div. D, § 1208, Oct. 5, 2018, 132 Stat. 3441.)
heading: Codification
text: Section was enacted as part of the Disaster Recovery Reform Act of 2018 and also as part of the FAA Reauthorization Act of 2018, and not as part of the Post-Katrina Emergency Management Reform Act of 2006 which comprises this chapter.
heading: Definitions
text: For definitions of “Administrator” and “State” as used in this section, see section 1203 of Pub. L. 115–254, set out as a note under section 5122 of Title 42, The Public Health and Welfare.
6 U.S.C. § 761 (DOMESTIC SECURITY)
§ 761. Emergency Management Assistance Compact grants
(a) In general
The Administrator may make grants to administer the Emergency Management Assistance Compact consented to by the Joint Resolution entitled “Joint Resolution granting the consent of Congress to the Emergency Management Assistance Compact” (Public Law 104–321; 110 Stat. 3877).
(b) Uses
A grant under this section shall be used—
(1) to carry out recommendations identified in the Emergency Management Assistance Compact after-action reports for the 2004 and 2005 hurricane season;
(2) to administer compact operations on behalf of all member States and territories;
(3) to continue coordination with the Agency and appropriate Federal agencies;
(4) to continue coordination with State, local, and tribal government entities and their respective national organizations; and
(5) to assist State and local governments, emergency response providers, and organizations representing such providers with credentialing emergency response providers and the typing of emergency response resources.
(c) Coordination
The Administrator shall consult with the Administrator of the Emergency Management Assistance Compact to ensure effective coordination of efforts in responding to requests for assistance.
(d) Authorization
There is authorized to be appropriated to carry out this section $4,000,000 for each of fiscal years 2018 through 2022. Such sums shall remain available until expended.
(Pub. L. 109–295, title VI, § 661, Oct. 4, 2006, 120 Stat. 1432; Pub. L. 115–254, div. D, § 1217(b), Oct. 5, 2018, 132 Stat. 3451.)
heading: References in Text
text: The Joint Resolution entitled “Joint Resolution granting the consent of Congress to the Emergency Management Assistance Compact”, referred to in subsec. (a), is Pub. L. 104–321, Oct. 19, 1996, 110 Stat. 3877, which is not classified to the Code.
heading: Amendments
text: 2018—Subsec. (d). Pub. L. 115–254 substituted “for each of fiscal years 2018 through 2022” for “for fiscal year 2008”.
6 U.S.C. § 922 (DOMESTIC SECURITY)
§ 922. Repealed. Pub. L. 115–254, div. J, § 1816(c), Oct. 5, 2018, 132 Stat. 3541
text: Section, Pub. L. 109–347, title I, § 122, Oct. 13, 2006, 120 Stat. 1899, related to inspection of car ferries entering from abroad.
6 U.S.C. § 983 (DOMESTIC SECURITY)
§ 983. Inspection technology and training
(a) In general
The Secretary, in coordination with the Secretary of State, the Secretary of Energy, and appropriate representatives of other Federal agencies, may provide technical assistance, equipment, and training to facilitate the implementation of supply chain security measures at ports designated under the Container Security Initiative.
(b) Acquisition and training
Unless otherwise prohibited by law, the Secretary may—
(1) lease, loan, provide, or otherwise assist in the deployment of nonintrusive inspection and radiation detection equipment at foreign land and sea ports under such terms and conditions as the Secretary prescribes, including nonreimbursable loans or the transfer of ownership of equipment; and
(2) provide training and technical assistance for domestic or foreign personnel responsible for operating or maintaining such equipment.
(Pub. L. 109–347, title II, § 233(a), Oct. 13, 2006, 120 Stat. 1917; Pub. L. 115–254, div. J, § 1816(e)(1), Oct. 5, 2018, 132 Stat. 3541.)
heading: Amendments
text: 2018—Pub. L. 115–254, which directed the general amendment of “section 233 of the Security and Accountability for Every Port Act of 2006 (6 U.S.C. 983)”, was executed by generally amending section section 233(a) of the Security and Accountability for Every Port Act of 2006, which comprises this section, to reflect the probable intent of Congress. Prior to amendment, section read as follows:
“(1) In general.—The Secretary, in coordination with the Secretary of State, the Secretary of Energy, and appropriate representatives of other Federal agencies, may provide technical assistance, equipment, and training to facilitate the implementation of supply chain security measures at ports designated under the Container Security Initiative.
“(2) Acquisition and training.—Unless otherwise prohibited by law, the Secretary may—
“(A) lease, loan, provide, or otherwise assist in the deployment of nonintrusive inspection and radiation detection equipment at foreign land and sea ports under such terms and conditions as the Secretary prescribes, including nonreimbursable loans or the transfer of ownership of equipment; and
“(B) provide training and technical assistance for domestic or foreign personnel responsible for operating or maintaining such equipment.”
6 U.S.C. § 984 (DOMESTIC SECURITY)
§ 984. Repealed. Pub. L. 115–254, div. J, § 1816(f), Oct. 5, 2018, 132 Stat. 3541
text: Section, Pub. L. 109–347, title II, § 235, Oct. 13, 2006, 120 Stat. 1919, related to pilot program to improve the security of empty containers.
6 U.S.C. § 1119 (DOMESTIC SECURITY)
§ 1119. Voluntary use of credentialing
(a) In general
An applicable individual who is subject to credentialing or a background investigation may satisfy that requirement by obtaining a valid transportation security card.
(b) Issuance of cards
The Secretary of Homeland Security—
(1) shall expand the transportation security card program, consistent with section 70105 of title 46, to allow an applicable individual who is subject to credentialing or a background investigation to apply for a transportation security card; and
(2) may charge reasonable fees, in accordance with section 469(a) of this title, for providing the necessary credentialing and background investigation.
(c) Vetting
The Administrator shall develop and implement a plan to utilize, in addition to any background check required for initial issue, the Federal Bureau of Investigation’s Rap Back Service and other vetting tools as appropriate, including the No-Fly and Selectee lists, to get immediate notification of any criminal activity relating to any person with a valid transportation security card.
(d) Definitions
In this section:
(1) Applicable individual who is subject to credentialing or a background investigation
The term “applicable individual who is subject to credentialing or a background investigation” means only an individual who—
(A) because of employment is regulated by the Transportation Security Administration, Department of Transportation, or Coast Guard and is required to have a background records check to obtain a hazardous materials endorsement on a commercial driver’s license issued by a State under section 5103a of title 49; or
(B) is required to have a credential and background records check under section 622(d)(2) of this title at a facility with activities that are regulated by the Transportation Security Administration, Department of Transportation, or Coast Guard.
(2) Valid transportation security card
The term “valid transportation security card” means a transportation security card that is—
(A) issued under section 70105 of title 46;
(B) not expired;
(C) shows no signs of tampering; and
(D) bears a photograph of the individual representing such card.
(Pub. L. 115–254, div. K, title I, § 1977, Oct. 5, 2018, 132 Stat. 3617.)
heading: Codification
text: Section was enacted as part of the TSA Modernization Act and also as part of the FAA Reauthorization Act of 2018, and not as part of the Implementing Recommendations of the 9/11 Commission Act of 2007 which comprises this chapter.
heading: Definition
text: For definition of “Administrator” as used in this section, see section 1902 of Pub. L. 115–254, set out as a note under section 101 of Title 49, Transportation.
6 U.S.C. § 1156 (DOMESTIC SECURITY)
§ 1156. Nuclear material and explosive detection technology
The Secretary, in coordination with the Director of the National Institute of Standards and Technology and the head of each relevant Federal department or agency researching nuclear material detection systems or explosive detection systems, shall research, facilitate, and, to the extent practicable, deploy next generation technologies, including active neutron interrogation, to detect nuclear material and explosives in transportation systems and transportation facilities.
(Pub. L. 115–254, div. K, title I, § 1984, Oct. 5, 2018, 132 Stat. 3621.)
heading: Codification
text: Section was enacted as part of the TSA Modernization Act and also as part of the FAA Reauthorization Act of 2018, and not as part of the Implementing Recommendations of the 9/11 Commission Act of 2007 which comprises this chapter.
heading: Definition
text: For definition of “Secretary” as used in this section, see section 1902 of Pub. L. 115–254, set out as a note under section 101 of Title 49, Transportation.
6 U.S.C. § 1207 (DOMESTIC SECURITY)
§ 1207. Pipeline security inspections and enforcement
(a) In general
Not later than 9 months after August 3, 2007, consistent with the Annex to the Memorandum of Understanding executed on August 9, 2006, between the Department of Transportation and the Department, the Secretary, in consultation with the Secretary of Transportation, shall establish a program for reviewing pipeline operator adoption of recommendations of the September 5, 2002, Department of Transportation Research and Special Programs Administration’s Pipeline Security Information Circular, including the review of pipeline security plans and critical facility inspections.
(b) Review and inspection
Not later than 12 months after August 3, 2007, the Secretary and the Secretary of Transportation shall develop and implement a plan for reviewing the pipeline security plans and an inspection of the critical facilities of the 100 most critical pipeline operators covered by the September 5, 2002, circular, where such facilities have not been inspected for security purposes since September 5, 2002, by either the Department or the Department of Transportation.
(c) Compliance review methodology
In reviewing pipeline operator compliance under subsections (a) and (b), risk assessment methodologies shall be used to prioritize risks and to target inspection and enforcement actions to the highest risk pipeline assets.
(d) Regulations
Not later than 18 months after August 3, 2007, the Secretary and the Secretary of Transportation shall develop and transmit to pipeline operators security recommendations for natural gas and hazardous liquid pipelines and pipeline facilities. If the Secretary determines that regulations are appropriate, the Secretary shall consult with the Secretary of Transportation on the extent of risk and appropriate mitigation measures, and the Secretary or the Secretary of Transportation, consistent with the Annex to the Memorandum of Understanding executed on August 9, 2006, shall promulgate such regulations and carry out necessary inspection and enforcement actions. Any regulations shall incorporate the guidance provided to pipeline operators by the September 5, 2002, Department of Transportation Research and Special Programs Administration’s Pipeline Security Information Circular and contain additional requirements as necessary based upon the results of the inspections performed under subsection (b). The regulations shall include the imposition of civil penalties for noncompliance.
(e) Funding
From the amounts appropriated pursuant to section 114(w) 1 of title 49, there shall be made available to the Secretary to carry out this section—
(1) $2,000,000 for fiscal year 2008;
(2) $2,000,000 for fiscal year 2009; and
(3) $2,000,000 for fiscal year 2010.
(Pub. L. 110–53, title XV, § 1557, Aug. 3, 2007, 121 Stat. 475.)
heading: References in Text
text: Section 114(w) of title 49, referred to in subsec. (e)(1), was redesignated section 114(v) of title 49 by Pub. L. 115–254, div. K, § 1904(b)(1)(I), Oct. 5, 2018, 132 Stat. 3545.