dreamproit/uscode huggingface dataset:
6 U.S.C. § 466 (DOMESTIC SECURITY)
§ 466. Sense of Congress reaffirming the continued importance and applicability of the Posse Comitatus Act
(a) Findings
Congress finds the following:
(1) Section 1385 of title 18 (commonly known as the “Posse Comitatus Act”) prohibits the use of the Armed Forces as a posse comitatus to execute the laws except in cases and under circumstances expressly authorized by the Constitution or Act of Congress.
(2) Enacted in 1878, the Posse Comitatus Act was expressly intended to prevent United States Marshals, on their own initiative, from calling on the Army for assistance in enforcing Federal law.
(3) The Posse Comitatus Act has served the Nation well in limiting the use of the Armed Forces to enforce the law.
(4) Nevertheless, by its express terms, the Posse Comitatus Act is not a complete barrier to the use of the Armed Forces for a range of domestic purposes, including law enforcement functions, when the use of the Armed Forces is authorized by Act of Congress or the President determines that the use of the Armed Forces is required to fulfill the President’s obligations under the Constitution to respond promptly in time of war, insurrection, or other serious emergency.
(5) Existing laws, including chapter 13 of title 10 (commonly known as the “Insurrection Act”), and the Robert T. Stafford Disaster Relief and Emergency Assistance Act (42 U.S.C. 5121 et seq.), grant the President broad powers that may be invoked in the event of domestic emergencies, including an attack against the Nation using weapons of mass destruction, and these laws specifically authorize the President to use the Armed Forces to help restore public order.
(b) Sense of Congress
Congress reaffirms the continued importance of section 1385 of title 18, and it is the sense of Congress that nothing in this chapter should be construed to alter the applicability of such section to any use of the Armed Forces as a posse comitatus to execute the laws.
(Pub. L. 107–296, title VIII, § 886, Nov. 25, 2002, 116 Stat. 2248; Pub. L. 115–232, div. A, title XII, § 1204(a)(1), Aug. 13, 2018, 132 Stat. 2017.)
heading: Editorial Notes
heading: References in Text
text: The Robert T. Stafford Disaster Relief and Emergency Assistance Act, referred to in subsec. (a)(5), is Pub. L. 93–288, May 22, 1974, 88 Stat. 143, as amended, which is classified principally to chapter 68 (§ 5121 et seq.) of Title 42, The Public Health and Welfare. For complete classification of this Act to the Code, see Short Title note set out under section 5121 of Title 42 and Tables.
This chapter, referred to in subsec. (b), 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: Amendments
text: 2018—Subsec. (a)(5). Pub. L. 115–232 substituted “chapter 13” for “chapter 15”.
6 U.S.C. § 469a (DOMESTIC SECURITY)
§ 469a. Collection of fees from non-Federal participants in meetings
For fiscal year 2010 and thereafter, the Secretary of Homeland Security may collect fees from any non-Federal participant in a conference, seminar, exhibition, symposium, or similar meeting conducted by the Department of Homeland Security in advance of the conference, either directly or by contract, and those fees shall be credited to the appropriation or account from which the costs of the conference, seminar, exhibition, symposium, or similar meeting are paid and shall be available to pay the costs of the Department of Homeland Security with respect to the conference or to reimburse the Department for costs incurred with respect to the conference: Provided, That in the event the total amount of fees collected with respect to a conference exceeds the actual costs of the Department of Homeland Security with respect to the conference, the amount of such excess shall be deposited into the Treasury as miscellaneous receipts: Provided further, That the Secretary shall provide a report to the Committees on Appropriations of the Senate and the House of Representatives not later than January 5, 2011, providing the level of collections and a summary by agency of the purposes and levels of expenditures for the prior fiscal year,.1
(Pub. L. 111–83, title V, § 554, Oct. 28, 2009, 123 Stat. 2179; Pub. L. 114–113, div. F, title V, § 510(c), Dec. 18, 2015, 129 Stat. 2514.)
heading: Editorial Notes
heading: Codification
text: Section was enacted as part of the Department of Homeland Security Appropriations Act, 2010, and not as part of the Homeland Security Act of 2002 which comprises this chapter.
heading: Amendments
text: 2015—Pub. L. 114–113 struck out “and shall report annually thereafter” before period at end.
6 U.S.C. § 470 (DOMESTIC SECURITY)
§ 470. Disclosures regarding homeland security grants
(a) Definitions
In this section:
(1) Homeland security grant
The term “homeland security grant” means any grant made or administered by the Department, including—
(A) the State Homeland Security Grant Program;
(B) the Urban Area Security Initiative Grant Program;
(C) the Law Enforcement Terrorism Prevention Program;
(D) the Citizen Corps; and
(E) the Metropolitan Medical Response System.
(2) Local government
The term “local government” has the meaning given the term in section 101 of this title.
(b) Required disclosures
Each State or local government that receives a homeland security grant shall, not later than 12 months after the later of October 13, 2006, and the date of receipt of such grant, and every 12 months thereafter until all funds provided under such grant are expended, submit a report to the Secretary that contains a list of all expenditures made by such State or local government using funds from such grant.
(Pub. L. 109–347, title VII, § 702, 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: Definitions
text: For definitions of “Department” and “Secretary” as used in this section, see section 901 of this title.
6 U.S.C. § 471 (DOMESTIC SECURITY)
§ 471. Annual ammunition report
(a) The Secretary of Homeland Security shall submit to Congress, 180 days after January 17, 2014, and annually thereafter beginning with the submission of the President’s budget proposal for fiscal year 2016 pursuant to section 1105(a) of title 31, a comprehensive report on the purchase and usage of ammunition, subdivided by ammunition type. The report shall include—
(1) the quantity of ammunition in inventory at the end of the preceding calendar year, and the amount of ammunition expended and purchased, subdivided by ammunition type, during the year for each relevant component or agency in the Department of Homeland Security;
(2) a description of how such quantity, usage, and purchase aligns to each component or agency’s mission requirements for certification, qualification, training, and operations; and
(3) details on all contracting practices applied by the Department of Homeland Security, including comparative details regarding other contracting options with respect to cost and availability.
(b) The reports required by subsection (a) shall be submitted in an appropriate format in order to ensure the safety of law enforcement personnel.
(Pub. L. 113–76, div. F, title V, § 569, Jan. 17, 2014, 128 Stat. 286.)
heading: Editorial Notes
heading: Codification
text: Section was enacted as part of the appropriation act cited in the credit of this section, and not as part of the Homeland Security Act of 2002 which comprises this chapter.
6 U.S.C. § 472 (DOMESTIC SECURITY)
§ 472. Annual weaponry report
(a) The Secretary of Homeland Security shall submit to the Congress, not later than 180 days after March 4, 2015, and annually thereafter, beginning at the time the President’s budget proposal for fiscal year 2017 is submitted pursuant to section 1105(a) of title 31, a comprehensive report on the purchase and usage of weapons, subdivided by weapon type. The report shall include—
(1) the quantity of weapons in inventory at the end of the preceding calendar year, and the amount of weapons, subdivided by weapon type, included in the budget request for each relevant component or agency in the Department of Homeland Security;
(2) a description of how such quantity and purchase aligns to each component or agency’s mission requirements for certification, qualification, training, and operations; and
(3) details on all contracting practices applied by the Department of Homeland Security, including comparative details regarding other contracting options with respect to cost and availability.
(b) The reports required by subsection (a) shall be submitted in an appropriate format in order to ensure the safety of law enforcement personnel.
(Pub. L. 114–4, title V, § 562, Mar. 4, 2015, 129 Stat. 72.)
heading: Editorial Notes
heading: Codification
text: Section was enacted as part of the appropriation act cited in the credit of this section, and not as part of the Homeland Security Act of 2002 which comprises this chapter.
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: Statutory Notes and Related Subsidiaries
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.
6 U.S.C. § 486 (DOMESTIC SECURITY)
§ 486. Limitation of liability
A person who has completed a security awareness training course approved by or operated under a cooperative agreement with the Department of Homeland Security using funds made available in fiscal year 2006 and thereafter or in any prior appropriations Acts, who is enrolled in a program recognized or acknowledged by an Information Sharing and Analysis Center, and who reports a situation, activity or incident pursuant to that program to an appropriate authority, shall not be liable for damages in any action brought in a Federal or State court which result from any act or omission unless such person is guilty of gross negligence or willful misconduct.
(Pub. L. 109–90, title V, § 541, Oct. 18, 2005, 119 Stat. 2089.)
heading: Editorial Notes
heading: Codification
text: Section was enacted as part of the Department of Homeland Security Appropriations Act, 2006, and not as part of the Homeland Security Act of 2002 which comprises this chapter.
6 U.S.C. § 493 (DOMESTIC SECURITY)
§ 493. Membership
(a) Members
The members of the Council shall be the following:
(1) The President.
(2) The Vice President.
(3) The Secretary of Homeland Security.
(4) The Attorney General.
(5) The Secretary of Defense.
(6) Such other individuals as may be designated by the President.
(b) Attendance of Chairman of Joint Chiefs of Staff at meetings
The Chairman of the Joint Chiefs of Staff (or, in the absence of the Chairman, the Vice Chairman of the Joint Chiefs of Staff) may, in the role of the Chairman of the Joint Chiefs of Staff as principal military adviser to the Council and subject to the direction of the President, attend and participate in meetings of the Council.
(Pub. L. 107–296, title IX, § 903, Nov. 25, 2002, 116 Stat. 2258; Pub. L. 109–163, div. A, title IX, § 908(b), Jan. 6, 2006, 119 Stat. 3404.)
heading: Editorial Notes
heading: Amendments
text: 2006—Pub. L. 109–163 designated existing provisions as subsec. (a), inserted heading, and added subsec. (b).
6 U.S.C. § 511 (DOMESTIC SECURITY)
§ 511. Information security responsibilities of certain agencies
(1) National security responsibilities
(A) Nothing in this chapter (including any amendment made by this chapter) shall supersede any authority of the Secretary of Defense, the Director of Central Intelligence, or other agency head, as authorized by law and as directed by the President, with regard to the operation, control, or management of national security systems, as defined by section 3552(b)(5) 1 of title 44.
(B) Omitted
(2) Atomic Energy Act of 1954
Nothing in this chapter shall supersede any requirement made by or under the Atomic Energy Act of 1954 (42 U.S.C. 2011 et seq.). Restricted Data or Formerly Restricted Data shall be handled, protected, classified, downgraded, and declassified in conformity with the Atomic Energy Act of 1954 (42 U.S.C. 2011 et seq.).
(Pub. L. 107–296, title X, § 1001(c), Nov. 25, 2002, 116 Stat. 2267; Pub. L. 113–283, § 2(e)(3)(B), Dec. 18, 2014, 128 Stat. 3087.)
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 Tables.
The Atomic Energy Act of 1954, referred to in par. (2), is act Aug. 1, 1946, ch. 724, as added by act Aug. 30, 1954, ch. 1073, § 1, 68 Stat. 919, which is classified principally to chapter 23 (§ 2011 et seq.) of Title 42, The Public Health and Welfare. For complete classification of this Act to the Code, see Short Title note set out under section 2011 of Title 42 and Tables.
heading: Codification
text: Section is comprised of section 1001(c) of Pub. L. 107–296. Par. (1)(B) of section 1001(c) of Pub. L. 107–296 amended section 2224 of Title 10, Armed Forces.
heading: Amendments
text: 2014—Par. (1)(A). Pub. L. 113–283 substituted “section 3552(b)(5)” for “section 3532(3)”.
heading: Statutory Notes and Related Subsidiaries
heading: Change of Name
text: Reference to the Director of Central Intelligence or the Director of the Central Intelligence Agency in the Director’s capacity as the head of the intelligence community deemed to be a reference to the Director of National Intelligence. Reference to the Director of Central Intelligence or the Director of the Central Intelligence Agency in the Director’s capacity as the head of the Central Intelligence Agency deemed to be a reference to the Director of the Central Intelligence Agency. See section 1081(a), (b) of Pub. L. 108–458, set out as a note under section 3001 of Title 50, War and National Defense.
heading: Short Title
text: For short title of title X of Pub. L. 107–296, which enacted this subchapter, as the “Federal Information Security Management Act of 2002”, see section 1001(a) of Pub. L. 107–296, set out as a note under section 101 of this title.
6 U.S.C. § 512 (DOMESTIC SECURITY)
§ 512. Construction
Nothing in this chapter, or the amendments made by this chapter, affects the authority of the National Institute of Standards and Technology or the Department of Commerce relating to the development and promulgation of standards or guidelines under paragraphs (1) and (2) of section 278g–3(a) of title 15.
(Pub. L. 107–296, title X, § 1006, Nov. 25, 2002, 116 Stat. 2273.)
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 Tables.
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: Editorial Notes
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: Statutory Notes and Related Subsidiaries
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. § 521 (DOMESTIC SECURITY)
§ 521. Legal status of EOIR
(a) 1 Existence of EOIR
There is in the Department of Justice the Executive Office for Immigration Review, which shall be subject to the direction and regulation of the Attorney General under section 1103(g) of title 8.
(Pub. L. 107–296, title XI, § 1101, Nov. 25, 2002, 116 Stat. 2273.)
heading: Statutory Notes and Related Subsidiaries
heading: Effective Date
text: Pub. L. 107–296, title XI, § 1104, as added by Pub. L. 108–7, div. L, § 105(a)(3), Feb. 20, 2003, 117 Stat. 531, provided that: “The provisions of this subtitle [subtitle A (§§ 1101–1104) of title XI of Pub. L. 107–296, enacting this part and amending section 1103 of Title 8, Aliens and Nationality] shall take effect on the date of the transfer of functions from the Commissioner of Immigration and Naturalization to officials of the Department of Homeland Security [functions transferred Mar. 1, 2003]”.
6 U.S.C. § 522 (DOMESTIC SECURITY)
§ 522. Statutory construction
Nothing in this chapter, any amendment made by this chapter, or in section 1103 of title 8, shall be construed to limit judicial deference to regulations, adjudications, interpretations, orders, decisions, judgments, or any other actions of the Secretary of Homeland Security or the Attorney General.
(Pub. L. 107–296, title XI, § 1103, Nov. 25, 2002, 116 Stat. 2274.)
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 Tables.
heading: Statutory Notes and Related Subsidiaries
heading: Effective Date
text: Section effective on the date of the transfer of functions from the Commissioner of Immigration and Naturalization to officials of the Department of Homeland Security (Mar. 1, 2003), see section 1104 of Pub. L. 107–296, as added by Pub. L. 108–7, set out as a note under section 521 of this title.
6 U.S.C. § 531 (DOMESTIC SECURITY)
§ 531. Bureau of Alcohol, Tobacco, Firearms, and Explosives
(a) , (b) Transferred
(c) Transfer of authorities, functions, personnel, and assets to the Department of Justice
(1) Transferred
(2) Administration and revenue collection functions
There shall be retained within the Department of the Treasury the authorities, functions, personnel, and assets of the Bureau of Alcohol, Tobacco and Firearms relating to the administration and enforcement of chapters 51 and 52 of title 26, sections 4181 and 4182 of title 26, and title 27.
(3) Transferred
(d) Tax and Trade Bureau
(1) Establishment
There is established within the Department of the Treasury the Tax and Trade Bureau.
(2) Administrator
The Tax and Trade Bureau shall be headed by an Administrator, who shall perform such duties as assigned by the Under Secretary for Enforcement of the Department of the Treasury. The Administrator shall occupy a career-reserved position within the Senior Executive Service.
(3) Responsibilities
The authorities, functions, personnel, and assets of the Bureau of Alcohol, Tobacco and Firearms that are not transferred to the Department of Justice under this section shall be retained and administered by the Tax and Trade Bureau.
(Pub. L. 107–296, title XI, § 1111, Nov. 25, 2002, 116 Stat. 2274; Pub. L. 109–162, title XI, § 1187(b), Jan. 5, 2006, 119 Stat. 3127.)
heading: Editorial Notes
heading: Amendments
text: 2006—Pub. L. 109–162 transferred section catchline and subsecs. (a)–(c)(1), (3), to section 599A of Title 28, Judiciary and Judicial Procedure.
6 U.S.C. § 533 (DOMESTIC SECURITY)
§ 533. Transferred
heading: Editorial Notes
heading: Codification
text: Section, Pub. L. 107–296, title XI, § 1115, Nov. 25, 2002, 116 Stat. 2280, which related to a Personnel Management Demonstration Project, was transferred to section 599B of Title 28, Judiciary and Judicial Procedure, by Pub. L. 109–162, title XI, § 1187(b), (c)(2), Jan. 5, 2006, 119 Stat. 3127, 3128.
6 U.S.C. § 541 (DOMESTIC SECURITY)
§ 541. Definitions
For purposes of this subchapter:
(1) The term “agency” includes any entity, organizational unit, program, or function.
(2) The term “transition period” means the 12-month period beginning on the effective date of this chapter.
(Pub. L. 107–296, title XV, § 1501, Nov. 25, 2002, 116 Stat. 2307.)
heading: Editorial Notes
heading: References in Text
text: The effective date of this chapter, referred to in par. (2), is 60 days after Nov. 25, 2002, see section 4 of Pub. L. 107–296, set out as an Effective Date note under section 101 of this title.
6 U.S.C. § 552a (DOMESTIC SECURITY)
§ 552a. Savings provision of certain transfers made under the Homeland Security Act of 2002
The transfer of functions under subtitle B of title XI of the Homeland Security Act of 2002 (Public Law 107–296) [6 U.S.C. 531 et seq.] shall not affect any pending or completed administrative actions, including orders, determinations, rules, regulations, personnel actions, permits, agreements, grants, contracts, certificates, licenses, or registrations, in effect on the date immediately prior to the date of such transfer, or any proceeding, unless and until amended, modified, superseded, terminated, set aside, or revoked. Pending civil actions shall not be affected by such transfer of functions.
(Pub. L. 108–7, div. L, § 106, Feb. 20, 2003, 117 Stat. 531.)
heading: Editorial Notes
heading: References in Text
text: The Homeland Security Act of 2002, referred to in text, is Pub. L. 107–296, Nov. 25, 2002, 116 Stat. 2135, as amended, which is classified principally to this chapter. Subtitle B of title XI of the Act is classified principally to part B (§ 531 et seq.) of subchapter XI of this chapter. For complete classification of this Act to the Code, see Short Title note set out under section 101 of this title and Tables.
heading: Codification
text: Section was enacted as part of the Homeland Security Act Amendments of 2003 and also as part of the Consolidated Appropriations Resolution, 2003, and not as part of the Homeland Security Act of 2002 which comprises this chapter.