dreamproit/uscode huggingface dataset:
6 U.S.C. § 301c (DOMESTIC SECURITY)
§ 301c. Definitions
In this part:
(1) Donor
The term “donor” means any entity that is proposing to make a donation under this chapter.
(2) Entity
The term “entity” means any—
(A) person;
(B) partnership, corporation, trust, estate, cooperative, association, or any other organized group of persons;
(C) Federal, State or local government (including any subdivision, agency or instrumentality thereof); or
(D) any other private or governmental entity.
(Pub. L. 107–296, title IV, § 484, as added Pub. L. 114–279, § 2(a), Dec. 16, 2016, 130 Stat. 1421.)
heading: Editorial Notes
heading: References in Text
text: This chapter, referred to in par. (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. § 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: Editorial Notes
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: Editorial Notes
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: Statutory Notes and Related Subsidiaries
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.
6 U.S.C. § 315 (DOMESTIC SECURITY)
§ 315. Functions transferred
(a) In general
Except as provided in subsection (b), there are transferred to the Agency the following:
(1) All functions of the Federal Emergency Management Agency, including existing responsibilities for emergency alert systems and continuity of operations and continuity of government plans and programs as constituted on June 1, 2006, including all of its personnel, assets, components, authorities, grant programs, and liabilities, and including the functions of the Under Secretary for Federal Emergency Management relating thereto.
(2) The Directorate of Preparedness, as constituted on June 1, 2006, including all of its functions, personnel, assets, components, authorities, grant programs, and liabilities, and including the functions of the Under Secretary for Preparedness relating thereto.
(b) Exceptions
The following within the Preparedness Directorate shall not be transferred:
(1) The Office of Infrastructure Protection.
(2) The National Communications System.
(3) The National Cybersecurity Division.
(4) The functions, personnel, assets, components, authorities, and liabilities of each component described under paragraphs (1) through (3).
(Pub. L. 107–296, title V, § 505, as added Pub. L. 109–295, title VI, § 611(13), Oct. 4, 2006, 120 Stat. 1400; amended Pub. L. 115–387, § 2(f)(4), Dec. 21, 2018, 132 Stat. 5168.)
heading: Editorial Notes
heading: Prior Provisions
text: A prior section 505 of Pub. L. 107–296 was renumbered section 518 and is classified to section 321g of this title.
heading: Amendments
text: 2018—Subsec. (b)(4), (5). Pub. L. 115–387 redesignated par. (5) as (4), substituted “(1) through (3)” for “(1) through (4)”, and struck out former par. (4) which read as follows: “The Office of the Chief Medical Officer.”
heading: Statutory Notes and Related Subsidiaries
heading: Effective Date
text: Section effective Mar. 31, 2007, see section 614(b)(3) of Pub. L. 109–295, set out as a note under section 701 of this title.
heading: Transfer of Functions
text: For transfer of functions, personnel, assets, and liabilities of the Federal Emergency Management Agency, including the functions of the Director of the Federal Emergency Management Agency relating thereto, to the Secretary of Homeland Security, and for treatment of related references, see former section 313(1) and sections 551(d), 552(d), and 557 of this title and the Department of Homeland Security Reorganization Plan of November 25, 2002, as modified, set out as a note under section 542 of this title.
6 U.S.C. § 316 (DOMESTIC SECURITY)
§ 316. Preserving the Federal Emergency Management Agency
(a) Distinct entity
The Agency shall be maintained as a distinct entity within the Department.
(b) Reorganization
Section 452 of this title shall not apply to the Agency, including any function or organizational unit of the Agency.
(c) Prohibition on changes to missions
(1) In general
The Secretary may not substantially or significantly reduce, including through a Joint Task Force established under section 348 of this title, the authorities, responsibilities, or functions of the Agency or the capability of the Agency to perform those missions, authorities, responsibilities,1 except as otherwise specifically provided in an Act enacted after October 4, 2006.
(2) Certain transfers prohibited
No asset, function, or mission of the Agency may be diverted to the principal and continuing use of any other organization, unit, or entity of the Department, including a Joint Task Force established under section 348 of this title, except for details or assignments that do not reduce the capability of the Agency to perform its missions.
(d) Reprogramming and transfer of funds
In reprogramming or transferring funds, the Secretary shall comply with any applicable provisions of any Act making appropriations for the Department for fiscal year 2007, or any succeeding fiscal year, relating to the reprogramming or transfer of funds.
(Pub. L. 107–296, title V, § 506, as added Pub. L. 109–295, title VI, § 611(13), Oct. 4, 2006, 120 Stat. 1400; amended Pub. L. 114–328, div. A, title XIX, § 1901(d)(1), Dec. 23, 2016, 130 Stat. 2670.)
heading: Editorial Notes
heading: Prior Provisions
text: A prior section 506 of Pub. L. 107–296 was renumbered section 502 and is classified to section 312 of this title.
heading: Amendments
text: 2016—Subsec. (c)(1). Pub. L. 114–328, § 1901(d)(1)(A), inserted “, including through a Joint Task Force established under section 348 of this title, after “reduce”.
Subsec. (c)(2). Pub. L. 114–328, § 1901(d)(1)(B), inserted “including a Joint Task Force established under section 348 of this title,” after “Department,”.
6 U.S.C. § 321 (DOMESTIC SECURITY)
§ 321. The National Infrastructure Simulation and Analysis Center
(a) Definition
In this section, the term “National Infrastructure Simulation and Analysis Center” means the National Infrastructure Simulation and Analysis Center established under section 5195c(d) of title 42.
(b) Authority
(1) In general
There is in the Department the National Infrastructure Simulation and Analysis Center which shall serve as a source of national expertise to address critical infrastructure protection and continuity through support for activities related to—
(A) counterterrorism, threat assessment, and risk mitigation; and
(B) a natural disaster, act of terrorism, or other man-made disaster.
(2) Infrastructure modeling
(A) Particular support
The support provided under paragraph (1) shall include modeling, simulation, and analysis of the systems and assets comprising critical infrastructure, in order to enhance preparedness, protection, response, recovery, and mitigation activities.
(B) Relationship with other agencies
Each Federal agency and department with critical infrastructure responsibilities under Homeland Security Presidential Directive 7, or any successor to such directive, shall establish a formal relationship, including an agreement regarding information sharing, between the elements of such agency or department and the National Infrastructure Simulation and Analysis Center, through the Department.
(C) Purpose
(i) In general
The purpose of the relationship under subparagraph (B) shall be to permit each Federal agency and department described in subparagraph (B) to take full advantage of the capabilities of the National Infrastructure Simulation and Analysis Center (particularly vulnerability and consequence analysis), consistent with its work load capacity and priorities, for real-time response to reported and projected natural disasters, acts of terrorism, and other man-made disasters.
(ii) Recipient of certain support
Modeling, simulation, and analysis provided under this subsection shall be provided to relevant Federal agencies and departments, including Federal agencies and departments with critical infrastructure responsibilities under Homeland Security Presidential Directive 7, or any successor to such directive.
(Pub. L. 107–296, title V, § 511, as added Pub. L. 109–295, title VI, § 611(13), Oct. 4, 2006, 120 Stat. 1406.)
heading: Editorial Notes
heading: Prior Provisions
text: A prior section 321, Pub. L. 107–296, title V, § 510, as added Pub. L. 108–458, title VII, § 7303(d), Dec. 17, 2004, 118 Stat. 3844, related to urban and other high risk area communications capabilities, prior to repeal by Pub. L. 109–295, title VI, § 611(5), Oct. 4, 2006, 120 Stat. 1395.
6 U.S.C. § 321c (DOMESTIC SECURITY)
§ 321c. Department and Agency officials
(a) Deputy Administrators
The President may appoint, by and with the advice and consent of the Senate, not more than 4 Deputy Administrators to assist the Administrator in carrying out this subchapter.
(b) United States Fire Administration
The Administrator of the United States Fire Administration shall have a rank equivalent to an assistant secretary of the Department.
(Pub. L. 107–296, title V, § 514, as added Pub. L. 109–295, title VI, § 611(13), Oct. 4, 2006, 120 Stat. 1409; amended Pub. L. 115–278, § 2(g)(4)(B), Nov. 16, 2018, 132 Stat. 4178.)
heading: Editorial Notes
heading: Amendments
text: 2018—Subsecs. (b), (c). Pub. L. 115–278 redesignated subsec. (c) as (b) and struck out former subsec. (b). Prior to amendment, text of subsec. (b) read as follows: “There is in the Department an Assistant Secretary for Cybersecurity and Communications.”
heading: Statutory Notes and Related Subsidiaries
heading: Effective Date
text: Section effective Mar. 31, 2007, see section 614(b)(3) of Pub. L. 109–295, set out as a note under section 701 of this title.
6 U.S.C. § 321f (DOMESTIC SECURITY)
§ 321f. Nuclear incident response
(a) In general
At the direction of the Secretary (in connection with an actual or threatened terrorist attack, major disaster, or other emergency in the United States), the Nuclear Incident Response Team shall operate as an organizational unit of the Department. While so operating, the Nuclear Incident Response Team shall be subject to the direction, authority, and control of the Secretary.
(b) Rule of construction
Nothing in this subchapter shall be construed to limit the ordinary responsibility of the Secretary of Energy and the Administrator of the Environmental Protection Agency for organizing, training, equipping, and utilizing their respective entities in the Nuclear Incident Response Team, or (subject to the provisions of this subchapter) from exercising direction, authority, and control over them when they are not operating as a unit of the Department.
(Pub. L. 107–296, title V, § 517, formerly § 504, Nov. 25, 2002, 116 Stat. 2213; renumbered § 517, Pub. L. 109–295, title VI, § 611(6), Oct. 4, 2006, 120 Stat. 1395.)
heading: Editorial Notes
heading: Codification
text: Section was formerly classified to section 314 of this title prior to renumbering by Pub. L. 109–295.
6 U.S.C. § 321g (DOMESTIC SECURITY)
§ 321g. Conduct of certain public health-related activities
(a) In general
With respect to all public health-related activities to improve State, local, and hospital preparedness and response to chemical, biological, radiological, and nuclear and other emerging terrorist threats carried out by the Department of Health and Human Services (including the Public Health Service), the Secretary of Health and Human Services shall set priorities and preparedness goals and further develop a coordinated strategy for such activities in collaboration with the Secretary.
(b) Evaluation of progress
In carrying out subsection (a), the Secretary of Health and Human Services shall collaborate with the Secretary in developing specific benchmarks and outcome measurements for evaluating progress toward achieving the priorities and goals described in such subsection.
(Pub. L. 107–296, title V, § 518, formerly § 505, Nov. 25, 2002, 116 Stat. 2213; renumbered § 518, Pub. L. 109–295, title VI, § 611(6), Oct. 4, 2006, 120 Stat. 1395.)
heading: Editorial Notes
heading: Codification
text: Section was formerly classified to section 315 of this title prior to renumbering by Pub. L. 109–295.
6 U.S.C. § 321h (DOMESTIC SECURITY)
§ 321h. Use of national private sector networks in emergency response
To the maximum extent practicable, the Secretary shall use national private sector networks and infrastructure for emergency response to chemical, biological, radiological, nuclear, or explosive disasters, and other major disasters.
(Pub. L. 107–296, title V, § 519, formerly § 508, Nov. 25, 2002, 116 Stat. 2215; renumbered § 519, Pub. L. 109–295, title VI, § 611(6), Oct. 4, 2006, 120 Stat. 1395.)
heading: Editorial Notes
heading: Codification
text: Section was formerly classified to section 318 of this title prior to renumbering by Pub. L. 109–295.
6 U.S.C. § 321i (DOMESTIC SECURITY)
§ 321i. Use of commercially available technology, goods, and services
It is the sense of Congress that—
(1) the Secretary should, to the maximum extent possible, use off-the-shelf commercially developed technologies to ensure that the Department’s information technology systems allow the Department to collect, manage, share, analyze, and disseminate information securely over multiple channels of communication; and
(2) in order to further the policy of the United States to avoid competing commercially with the private sector, the Secretary should rely on commercial sources to supply the goods and services needed by the Department.
(Pub. L. 107–296, title V, § 520, formerly § 509, Nov. 25, 2002, 116 Stat. 2215; renumbered § 520, Pub. L. 109–295, title VI, § 611(6), Oct. 4, 2006, 120 Stat. 1395.)
heading: Editorial Notes
heading: Codification
text: Section was formerly classified to section 319 of this title prior to renumbering by Pub. L. 109–295.
6 U.S.C. § 321l (DOMESTIC SECURITY)
§ 321l. Guidance and recommendations
(a) In general
Consistent with their responsibilities and authorities under law, as of the day before August 3, 2007, the Administrator and the Director of Cybersecurity and Infrastructure Security, in consultation with the private sector, may develop guidance or recommendations and identify best practices to assist or foster action by the private sector in—
(1) identifying potential hazards and assessing risks and impacts;
(2) mitigating the impact of a wide variety of hazards, including weapons of mass destruction;
(3) managing necessary emergency preparedness and response resources;
(4) developing mutual aid agreements;
(5) developing and maintaining emergency preparedness and response plans, and associated operational procedures;
(6) developing and conducting training and exercises to support and evaluate emergency preparedness and response plans and operational procedures;
(7) developing and conducting training programs for security guards to implement emergency preparedness and response plans and operations procedures; and
(8) developing procedures to respond to requests for information from the media or the public.
(b) Issuance and promotion
Any guidance or recommendations developed or best practices identified under subsection (a) shall be—
(1) issued through the Administrator; and
(2) promoted by the Secretary to the private sector.
(c) Small business concerns
In developing guidance or recommendations or identifying best practices under subsection (a), the Administrator and the Director of Cybersecurity and Infrastructure Security shall take into consideration small business concerns (under the meaning given that term in section 632 of title 15), including any need for separate guidance or recommendations or best practices, as necessary and appropriate.
(d) Rule of construction
Nothing in this section may be construed to supersede any requirement established under any other provision of law.
(Pub. L. 107–296, title V, § 523, as added Pub. L. 110–53, title IX, § 901(a), Aug. 3, 2007, 121 Stat. 364; amended Pub. L. 115–278, § 2(g)(4)(C), Nov. 16, 2018, 132 Stat. 4178.)
heading: Editorial Notes
heading: Amendments
text: 2018—Subsecs. (a), (c). Pub. L. 115–278 substituted “Director of Cybersecurity and Infrastructure Security” for “Assistant Secretary for Infrastructure Protection”.
6 U.S.C. § 321q (DOMESTIC SECURITY)
§ 321q. Coordination of Department of Homeland Security efforts related to food, agriculture, and veterinary defense against terrorism
(a) Program required
The Secretary, acting through the Assistant Secretary for the Countering Weapons of Mass Destruction Office, shall carry out a program to coordinate the Department’s efforts related to defending the food, agriculture, and veterinary systems of the United States against terrorism and other high-consequence events that pose a high risk to homeland security.
(b) Program elements
The coordination program required by subsection (a) shall include, at a minimum, the following:
(1) Providing oversight and management of the Department’s responsibilities pursuant to Homeland Security Presidential Directive 9–Defense of United States Agriculture and Food.
(2) Providing oversight and integration of the Department’s activities related to veterinary public health, food defense, and agricultural security.
(3) Leading the Department’s policy initiatives relating to food, animal, and agricultural incidents, and the impact of such incidents on animal and public health.
(4) Leading the Department’s policy initiatives relating to overall domestic preparedness for and collective response to agricultural terrorism.
(5) Coordinating with other Department components, including U.S. Customs and Border Protection, as appropriate, on activities related to food and agriculture security and screening procedures for domestic and imported products.
(6) Coordinating with appropriate Federal departments and agencies.
(7) Other activities as determined necessary by the Secretary.
(c) Rule of construction
Nothing in this section may be construed as altering or superseding the authority of the Secretary of Agriculture or the Secretary of Health and Human Services.
(Pub. L. 107–296, title V, § 528, as added Pub. L. 115–43, § 2(a), June 30, 2017, 131 Stat. 884; amended Pub. L. 115–387, § 2(f)(5), Dec. 21, 2018, 132 Stat. 5168.)
heading: Editorial Notes
heading: Amendments
text: 2018—Subsec. (a). Pub. L. 115–387 substituted “the Countering Weapons of Mass Destruction Office,” for “Health Affairs,”.
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: Editorial Notes
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).