dreamproit/uscode huggingface dataset:
6 U.S.C. § 234 (DOMESTIC SECURITY)
§ 234. Preservation of Transportation Security Administration as a distinct entity
Notwithstanding any other provision of this chapter, the Transportation Security Administration shall be maintained as a distinct entity within the Department.
(Pub. L. 107–296, title IV, § 424, as added Pub. L. 114–125, title VIII, § 802(g)(1)(B)(iv)(I), Feb. 24, 2016, 130 Stat. 212.)
heading: Editorial Notes
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: Prior Provisions
text: A prior section 234, Pub. L. 107–296, title IV, § 424, Nov. 25, 2002, 116 Stat. 2185, provided for the preservation of the Transportation Security Administration as a distinct entity applicable until 2 years after Nov. 25, 2002, prior to repeal by Pub. L. 114–125, title VIII, § 802(g)(1)(B)(iv)(I), Feb. 24, 2016, 130 Stat. 212.
6 U.S.C. § 239 (DOMESTIC SECURITY)
§ 239. Office of Cargo Security Policy
(a) Establishment
There is established within the Department an Office of Cargo Security Policy (referred to in this section as the “Office”).
(b) Purpose
The Office shall—
(1) coordinate all Department policies relating to cargo security; and
(2) consult with stakeholders and coordinate with other Federal agencies in the establishment of standards and regulations and to promote best practices.
(c) Director
(1) Appointment
The Office shall be headed by a Director, who shall—
(A) be appointed by the Secretary; and
(B) report to the Assistant Secretary for Policy.
(2) Responsibilities
The Director shall—
(A) advise the Assistant Secretary for Policy in the development of Department-wide policies regarding cargo security;
(B) coordinate all policies relating to cargo security among the agencies and offices within the Department relating to cargo security; and
(C) coordinate the cargo security policies of the Department with the policies of other executive agencies.
(Pub. L. 107–296, title IV, § 431, as added Pub. L. 109–347, title III, § 301(a), Oct. 13, 2006, 120 Stat. 1920.)
heading: Statutory Notes and Related Subsidiaries
heading: Rule of Construction
text: Pub. L. 109–347, title III, § 301(c), Oct. 13, 2006, 120 Stat. 1920, provided that:
“Nothing in this section [enacting this section and section 1001 of this title] shall be construed to affect—
“(1) the authorities, functions, or capabilities of the Coast Guard to perform its missions; or
“(2) the requirement under section 888 of the Homeland Security Act (6 U.S.C. 468) that those authorities, functions, and capabilities be maintained intact.”
6 U.S.C. § 251 (DOMESTIC SECURITY)
§ 251. Transfer of functions
In accordance with subchapter XII (relating to transition provisions), there shall be transferred from the Commissioner of Immigration and Naturalization to the Secretary 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; Pub. L. 114–125, title VIII, § 802(g)(1)(B)(v)(I), Feb. 24, 2016, 130 Stat. 212.)
heading: Editorial Notes
heading: Amendments
text: 2016—Pub. L. 114–125 substituted “Transfer of functions” for “Transfer of functions to Under Secretary for Border and Transportation Security” in section catchline and “Secretary” for “Under Secretary for Border and Transportation Security” in introductory provisions.
6 U.S.C. § 253 (DOMESTIC SECURITY)
§ 253. Professional responsibility and quality review
The Secretary shall be responsible for—
(1) conducting investigations of noncriminal allegations of misconduct, corruption, and fraud involving any employee of U.S. Immigration and Customs Enforcement that are not subject to investigation by the Inspector General for the Department;
(2) inspecting the operations of U.S. Immigration and Customs Enforcement 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 U.S. Immigration and Customs Enforcement.
(Pub. L. 107–296, title IV, § 443, Nov. 25, 2002, 116 Stat. 2194; Pub. L. 114–125, title VIII, § 802(g)(1)(B)(v)(II), Feb. 24, 2016, 130 Stat. 212.)
heading: Editorial Notes
heading: Amendments
text: 2016—Pub. L. 114–125 substituted “Secretary” for “Under Secretary for Border and Transportation Security” in introductory provisions and “U.S. Immigration and Customs Enforcement” for “the Bureau of Border Security” in pars. (1) to (3).
6 U.S.C. § 254 (DOMESTIC SECURITY)
§ 254. Employee discipline
Notwithstanding any other provision of law, the Secretary may impose disciplinary action on any employee of U.S. Immigration and Customs Enforcement and U.S. Customs and Border Protection who willfully deceives Congress or agency leadership on any matter.
(Pub. L. 107–296, title IV, § 444, Nov. 25, 2002, 116 Stat. 2194; Pub. L. 114–125, title VIII, § 802(g)(1)(B)(v)(III), Feb. 24, 2016, 130 Stat. 212.)
heading: Editorial Notes
heading: Amendments
text: 2016—Pub. L. 114–125 amended section generally. Prior to amendment, text read as follows: “The Under Secretary for Border and Transportation Security may, notwithstanding any other provision of law, impose disciplinary action, including termination of employment, pursuant to policies and procedures applicable to employees of the Federal Bureau of Investigation, on any employee of the Bureau of Border Security who willfully deceives the Congress or agency leadership on any matter.”
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: Editorial Notes
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: Statutory Notes and Related Subsidiaries
heading: Change of Name
text: Bureau of Border Security, referred to in subsec. (a), changed to Bureau of Immigration and Customs Enforcement by Reorganization Plan Modification for the Department of Homeland Security, eff. Mar. 1, 2003, H. Doc. No. 108–32, 108th Congress, 1st Session, set out as a note under section 542 of this title.
6 U.S.C. § 256 (DOMESTIC SECURITY)
§ 256. Sense of Congress regarding construction of fencing near San Diego, California
It is the sense of the Congress that completing the 14-mile border fence project required to be carried out under section 102(b) of the Illegal Immigration Reform and Immigrant Responsibility Act of 1996 (8 U.S.C. 1103 note) should be a priority for the Secretary.
(Pub. L. 107–296, title IV, § 446, Nov. 25, 2002, 116 Stat. 2195.)
heading: Editorial Notes
heading: References in Text
text: Section 102(b) of the Illegal Immigration Reform and Immigrant Responsibility Act of 1996, referred to in text, is section 102(b) of title I of div. C of Pub. L. 104–208, which is set out as a note under section 1103 of Title 8, Aliens and Nationality.
6 U.S.C. § 257 (DOMESTIC SECURITY)
§ 257. Report
(a) In general
The Secretary of Homeland Security shall submit an annual report to the congressional committees set forth in subsection (b) that includes a description of—
(1) the cross-border tunnels along the border between Mexico and the United States discovered during the preceding fiscal year; and
(2) the needs of the Department of Homeland Security to effectively prevent, investigate and prosecute border tunnel construction along the border between Mexico and the United States.
(b) Congressional committees
The congressional committees set forth in this subsection are—
(1) the Committee on Homeland Security and Governmental Affairs of the Senate;
(2) the Committee on the Judiciary of the Senate;
(3) the Committee on Appropriations of the Senate;
(4) the Committee on Homeland Security of the House of Representatives;
(5) the Committee on the Judiciary of the House of Representatives; and
(6) the Committee on Appropriations of the House of Representatives.
(Pub. L. 112–127, § 8, June 5, 2012, 126 Stat. 371.)
heading: Editorial Notes
heading: Codification
text: Section was enacted as part of the Border Tunnel Prevention Act of 2012, and not as part of the Homeland Security Act of 2002 which comprises this chapter.
6 U.S.C. § 273 (DOMESTIC SECURITY)
§ 273. Professional responsibility and quality review
(a) In general
The Director of the Bureau of Citizenship and Immigration Services shall be responsible for—
(1) conducting investigations of noncriminal allegations of misconduct, corruption, and fraud involving any employee of the Bureau of Citizenship and Immigration Services that are not subject to investigation by the Inspector General for the Department;
(2) inspecting the operations of the Bureau of Citizenship and Immigration Services and providing assessments of the quality of the operations of such bureau as a whole and each of its components; and
(3) providing an analysis of the management of the Bureau of Citizenship and Immigration Services.
(b) Special considerations
In providing assessments in accordance with subsection (a)(2) 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: Statutory Notes and Related Subsidiaries
heading: Effective Date
text: Section effective on the date on which the transfer of functions specified under section 251 of this title takes effect, see section 455 of Pub. L. 107–296, set out as a note under section 271 of this title.
6 U.S.C. § 274 (DOMESTIC SECURITY)
§ 274. Employee discipline
The Director of the Bureau of Citizenship and Immigration Services may, notwithstanding any other provision of law, impose disciplinary action, including termination of employment, pursuant to policies and procedures applicable to employees of the Federal Bureau of Investigation, on any employee of the Bureau of Citizenship and Immigration Services who willfully deceives Congress or agency leadership on any matter.
(Pub. L. 107–296, title IV, § 454, Nov. 25, 2002, 116 Stat. 2200.)
heading: Statutory Notes and Related Subsidiaries
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: Editorial Notes
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: Statutory Notes and Related Subsidiaries
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. § 291 (DOMESTIC SECURITY)
§ 291. Abolishment of INS
(a) In general
Upon completion of all transfers from the Immigration and Naturalization Service as provided for by this chapter, the Immigration and Naturalization Service of the Department of Justice is abolished.
(b) Prohibition
The authority provided by section 542 of this title may be used to reorganize functions or organizational units within the Bureau of Border Security or the Bureau of Citizenship and Immigration Services, but may not be used to recombine the two bureaus into a single agency or otherwise to combine, join, or consolidate functions or organizational units of the two bureaus with each other.
(Pub. L. 107–296, title IV, § 471, Nov. 25, 2002, 116 Stat. 2205.)
heading: Editorial Notes
heading: References in Text
text: This chapter, referred to in subsec. (a), was in the original “this Act”, meaning Pub. L. 107–296, Nov. 25, 2002, 116 Stat. 2135, known as the Homeland Security Act of 2002, which is classified principally to this chapter. For complete classification of this Act to the Code, see Short Title note set out under section 101 of this title and Tables.
heading: Statutory Notes and Related Subsidiaries
heading: Change of Name
text: Bureau of Border Security, referred to in subsec. (b), changed to Bureau of Immigration and Customs Enforcement by Reorganization Plan Modification for the Department of Homeland Security, eff. Mar. 1, 2003, H. Doc. No. 108–32, 108th Congress, 1st Session, set out as a note under section 542 of this title.
6 U.S.C. § 294 (DOMESTIC SECURITY)
§ 294. Sense of Congress
It is the sense of Congress that—
(1) the missions of the Bureau of Border Security and the Bureau of Citizenship and Immigration Services are equally important and, accordingly, they each should be adequately funded; and
(2) the functions transferred under this part should not, after such transfers take effect, operate at levels below those in effect prior to November 25, 2002.
(Pub. L. 107–296, title IV, § 474, Nov. 25, 2002, 116 Stat. 2209.)
heading: Statutory Notes and Related Subsidiaries
heading: Change of Name
text: Bureau of Border Security, referred to in par. (1), changed to Bureau of Immigration and Customs Enforcement by Reorganization Plan Modification for the Department of Homeland Security, eff. Mar. 1, 2003, H. Doc. No. 108–32, 108th Congress, 1st Session, set out as a note under section 542 of this title.
6 U.S.C. § 295 (DOMESTIC SECURITY)
§ 295. Director of Shared Services
(a) In general
Within the Office of Deputy Secretary, there shall be a Director of Shared Services.
(b) Functions
The Director of Shared Services shall be responsible for the coordination of resources for the Bureau of Border Security and the Bureau of Citizenship and Immigration Services, including—
(1) information resources management, including computer databases and information technology;
(2) records and file management; and
(3) forms management.
(Pub. L. 107–296, title IV, § 475, Nov. 25, 2002, 116 Stat. 2209.)
heading: Statutory Notes and Related Subsidiaries
heading: Change of Name
text: Bureau of Border Security, referred to in subsec. (b), changed to Bureau of Immigration and Customs Enforcement by Reorganization Plan Modification for the Department of Homeland Security, eff. Mar. 1, 2003, H. Doc. No. 108–32, 108th Congress, 1st Session, set out as a note under section 542 of this title.
6 U.S.C. § 296 (DOMESTIC SECURITY)
§ 296. Separation of funding
(a) In general
There shall be established separate accounts in the Treasury of the United States for appropriated funds and other deposits available for the Bureau of Citizenship and Immigration Services and the Bureau of Border Security.
(b) Separate budgets
To ensure that the Bureau of Citizenship and Immigration Services and the Bureau of Border Security are funded to the extent necessary to fully carry out their respective functions, the Director of the Office of Management and Budget shall separate the budget requests for each such entity.
(c) Fees
Fees imposed for a particular service, application, or benefit shall be deposited into the account established under subsection (a) 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: Statutory Notes and Related Subsidiaries
heading: Change of Name
text: Bureau of Border Security, referred to in subsecs. (a), (b), and (d), changed to Bureau of Immigration and Customs Enforcement by Reorganization Plan Modification for the Department of Homeland Security, eff. Mar. 1, 2003, H. Doc. No. 108–32, 108th Congress, 1st Session, set out as a note under section 542 of this title.
6 U.S.C. § 298 (DOMESTIC SECURITY)
§ 298. Immigration functions
(a) Annual report
(1) In general
One year after November 25, 2002, and each year thereafter, the Secretary shall submit a report to the President, to the Committees on the Judiciary and Government Reform of the House of Representatives, and to the Committees on the Judiciary and Government Affairs of the Senate, on the impact the transfers made by this part has had on immigration functions.
(2) Matter included
The report shall address the following with respect to the period covered by the report:
(A) The aggregate number of all immigration applications and petitions received, and processed, by the Department.
(B) Region-by-region statistics on the aggregate number of immigration applications and petitions filed by an alien (or filed on behalf of an alien) and denied, disaggregated by category of denial and application or petition type.
(C) The quantity of backlogged immigration applications and petitions that have been processed, the aggregate number awaiting processing, and a detailed plan for eliminating the backlog.
(D) The average processing period for immigration applications and petitions, disaggregated by application or petition type.
(E) The number and types of immigration-related grievances filed with any official of the Department of Justice, and if those grievances were resolved.
(F) Plans to address grievances and improve immigration services.
(G) Whether immigration-related fees were used consistent with legal requirements regarding such use.
(H) Whether immigration-related questions conveyed by customers to the Department (whether conveyed in person, by telephone, or by means of the Internet) were answered effectively and efficiently.
(b) Sense of Congress regarding immigration services
It is the sense of Congress that—
(1) the quality and efficiency of immigration services rendered by the Federal Government should be improved after the transfers made by this part take effect; and
(2) the Secretary should undertake efforts to guarantee that concerns regarding the quality and efficiency of immigration services are addressed after such effective date.
(Pub. L. 107–296, title IV, § 478, Nov. 25, 2002, 116 Stat. 2211.)
heading: Statutory Notes and Related Subsidiaries
heading: Change of Name
text: Committee on Government Reform of House of Representatives changed to Committee on Oversight and Government Reform of House of Representatives by House Resolution No. 6, One Hundred Tenth Congress, Jan. 5, 2007. Committee on Oversight and Government Reform of House of Representatives changed to Committee on Oversight and Reform of House of Representatives by House Resolution No. 6, One Hundred Sixteenth Congress, Jan. 9, 2019.
Committee on Governmental Affairs of Senate changed to Committee on Homeland Security and Governmental Affairs of Senate, effective Jan. 4, 2005, by Senate Resolution No. 445, One Hundred Eighth Congress, Oct. 9, 2004.
6 U.S.C. § 301b (DOMESTIC SECURITY)
§ 301b. Current and proposed agreements
Nothing in this part or in section 4 of the Cross-Border Trade Enhancement Act of 2016 may be construed as affecting—
(1) any agreement entered into pursuant to section 560 of division D of the Consolidated and Further Continuing Appropriations Act, 2013 (Public Law 113–6) or section 559 of title V of division F of the Consolidated Appropriations Act, 2014 (6 U.S.C. 211 note; Public Law 113–76), as in existence on the day before December 16, 2016, and any such agreement shall continue to have full force and effect on and after such date; or
(2) a proposal accepted for consideration by U.S. Customs and Border Protection pursuant to such section 559, as in existence on the day before December 16, 2016.
(Pub. L. 107–296, title IV, § 483, as added Pub. L. 114–279, § 2(a), Dec. 16, 2016, 130 Stat. 1421.)
heading: Editorial Notes
heading: References in Text
text: Section 4 of the Cross-Border Trade Enhancement Act of 2016, referred to in text, is section 4 of Pub. L. 114–279, Dec. 16, 2016, 130 Stat. 1422, which repealed section 560 of division D of Pub. L. 113–6 and section 559 of title V of division F of Pub. L. 113–76. Section 560 of Pub. L. 113–6, was not classified to the Code. Section 559 of Pub. L. 113–76 was classified as a note under section 211 of this title.