dreamproit/uscode huggingface dataset:
6 U.S.C. § 346 (DOMESTIC SECURITY)
§ 346. Consolidation and co-location of offices
Not later than 1 year after November 25, 2002, the Secretary shall develop and submit to Congress a plan for consolidating and co-locating—
(1) any regional offices or field offices of agencies that are transferred to the Department under this chapter, if such officers 1 are located in the same municipality; and
(2) portions of regional and field offices of other Federal agencies, to the extent such offices perform functions that are transferred to the Secretary under this chapter.
(Pub. L. 107–296, title VII, § 706, Nov. 25, 2002, 116 Stat. 2220.)
heading: Editorial Notes
heading: References in Text
text: This chapter, referred to in pars. (1) and (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 Short Title note set out under section 101 of this title and Tables.
6 U.S.C. § 396 (DOMESTIC SECURITY)
§ 396. Lead system integrator; financial interests
(a) In general
With respect to contracts entered into after July 1, 2007, and except as provided in subsection (b), no entity performing lead system integrator functions in the acquisition of a major system by the Department of Homeland Security may have any direct financial interest in the development or construction of any individual system or element of any system of systems.
(b) Exception
An entity described in subsection (a) may have a direct financial interest in the development or construction of an individual system or element of a system of systems if—
(1) the Secretary of Homeland Security certifies to the Committees on Appropriations of the Senate and the House of Representatives, the Committee on Homeland Security of the House of Representatives, the Committee on Transportation and Infrastructure of the House of Representatives, the Committee on Homeland Security and Governmental Affairs of the Senate, and the Committee on Commerce, Science and Transportation of the Senate that—
(A) the entity was selected by the Department of Homeland Security as a contractor to develop or construct the system or element concerned through the use of competitive procedures; and
(B) the Department took appropriate steps to prevent any organizational conflict of interest in the selection process; or
(2) the entity was selected by a subcontractor to serve as a lower-tier subcontractor, through a process over which the entity exercised no control.
(c) Construction
Nothing in this section shall be construed to preclude an entity described in subsection (a) from performing work necessary to integrate two or more individual systems or elements of a system of systems with each other.
(d) Regulations update
Not later than July 1, 2007, the Secretary of Homeland Security shall update the acquisition regulations of the Department of Homeland Security in order to specify fully in such regulations the matters with respect to lead system integrators set forth in this section. Included in such regulations shall be: (1) a precise and comprehensive definition of the term “lead system integrator”, modeled after that used by the Department of Defense; and (2) a specification of various types of contracts and fee structures that are appropriate for use by lead system integrators in the production, fielding, and sustainment of complex systems.
(Pub. L. 110–28, title VI, § 6405, May 25, 2007, 121 Stat. 176.)
heading: Editorial Notes
heading: Codification
text: Section was enacted as part of the U.S. Troop Readiness, Veterans’ Care, Katrina Recovery, and Iraq Accountability Appropriations Act, 2007, and not as part of the Homeland Security Act of 2002 which comprises this chapter.
6 U.S.C. § 411 (DOMESTIC SECURITY)
§ 411. Establishment of human resources management system
(a) Authority
(1) Sense of Congress
It is the sense of Congress that—
(A) it is extremely important that employees of the Department be allowed to participate in a meaningful way in the creation of any human resources management system affecting them;
(B) such employees have the most direct knowledge of the demands of their jobs and have a direct interest in ensuring that their human resources management system is conducive to achieving optimal operational efficiencies;
(C) the 21st century human resources management system envisioned for the Department should be one that benefits from the input of its employees; and
(D) this collaborative effort will help secure our homeland.
(2) , (3) Omitted
(b) Effect on personnel
(1) Nonseparation or nonreduction in grade or compensation of full-time personnel and part-time personnel holding permanent positions
Except as otherwise provided in this chapter, the transfer under this chapter of full-time personnel (except special Government employees) and part-time personnel holding permanent positions shall not cause any such employee to be separated or reduced in grade or compensation for 1 year after the date of transfer to the Department.
(2) Positions compensated in accordance with Executive Schedule
Any person who, on the day preceding such person’s date of transfer pursuant to this chapter, held a position compensated in accordance with the Executive Schedule prescribed in chapter 53 of title 5 and who, without a break in service, is appointed in the Department to a position having duties comparable to the duties performed immediately preceding such appointment shall continue to be compensated in such new position at not less than the rate provided for such position, for the duration of the service of such person in such new position.
(3) Coordination rule
Any exercise of authority under chapter 97 of title 5, including under any system established under such chapter, shall be in conformance with the requirements of this subsection.
(Pub. L. 107–296, title VIII, § 841, Nov. 25, 2002, 116 Stat. 2229.)
heading: Editorial Notes
heading: References in Text
text: This chapter, referred to in subsec. (b)(1), (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 Short Title note set out under section 101 of this title and Tables.
heading: Codification
text: Section is comprised of section 841 of Pub. L. 107–296. Subsec. (a)(2), (3) of section 841 of Pub. L. 107–296 enacted chapter 97 (§ 9701) of Title 5, Government Organization and Employees.
6 U.S.C. § 413 (DOMESTIC SECURITY)
§ 413. Use of counternarcotics enforcement activities in certain employee performance appraisals
(a) In general
Each subdivision of the Department that is a National Drug Control Program Agency shall include as one of the criteria in its performance appraisal system, for each employee directly or indirectly involved in the enforcement of Federal, State, or local narcotics laws, the performance of that employee with respect to the enforcement of Federal, State, or local narcotics laws, relying to the greatest extent practicable on objective performance measures, including—
(1) the contribution of that employee to seizures of narcotics and arrests of violators of Federal, State, or local narcotics laws; and
(2) the degree to which that employee cooperated with or contributed to the efforts of other employees, either within the Department or other Federal, State, or local agencies, in counternarcotics enforcement.
(b) Definitions
For purposes of this section—
(1) the term “National Drug Control Program Agency” means—
(A) a National Drug Control Program Agency 1, as defined in section 1701(7) 2 of title 21 (as last in effect); and
(B) any subdivision of the Department that has a significant counternarcotics responsibility, as determined by—
(i) the counternarcotics officer, appointed under section 458 of this title; or
(ii) if applicable, the counternarcotics officer’s successor in function (as determined by the Secretary); and
(2) the term “performance appraisal system” means a system under which periodic appraisals of job performance of employees are made, whether under chapter 43 of title 5, or otherwise.
(Pub. L. 107–296, title VIII, § 843, as added Pub. L. 108–458, title VII, § 7408(a), Dec. 17, 2004, 118 Stat. 3854.)
heading: Editorial Notes
heading: References in Text
text: Section 1701(7) of title 21, referred to in subsec. (b)(1)(A), was redesignated section 1701(11) of title 21 by Pub. L. 115–271, title VIII, § 8216(4), Oct. 24, 2018, 132 Stat. 4117.
6 U.S.C. § 416 (DOMESTIC SECURITY)
§ 416. Use of protective equipment or measures by employees
None of the funds made available in this or any other Act for fiscal year 2013 and thereafter may be used to propose or effect a disciplinary or adverse action, with respect to any Department of Homeland Security employee who engages regularly with the public in the performance of his or her official duties solely because that employee elects to utilize protective equipment or measures, including but not limited to surgical masks, N95 respirators, gloves, or hand-sanitizers, where use of such equipment or measures is in accord with Department of Homeland Security policy, and Centers for Disease Control and Prevention and Office of Personnel Management guidance.
(Pub. L. 113–6, div. D, title V, § 540, Mar. 26, 2013, 127 Stat. 373.)
heading: Editorial Notes
heading: References in Text
text: This Act, referred to in text, means div. D of Pub. L. 113–6, Mar. 26, 2013, 127 Stat. 342, known as the Department of Homeland Security Appropriations Act, 2013. For complete classification of this Act to the Code, see Tables.
heading: Codification
text: Section was enacted as part of the Department of Homeland Security Appropriations Act, 2013, and not as part of the Homeland Security Act of 2002 which comprises this chapter.
6 U.S.C. § 421 (DOMESTIC SECURITY)
§ 421. Definition
In this part, the term “executive agency” has the meaning given that term under section 133 of title 41.
(Pub. L. 107–296, title VIII, § 851, Nov. 25, 2002, 116 Stat. 2235.)
heading: Editorial Notes
heading: Codification
text: In text, “section 133 of title 41” substituted for “section 4(1) of the Office of Federal Procurement Policy Act (41 U.S.C. 403(1))” on authority of Pub. L. 111–350, § 6(c), Jan. 4, 2011, 124 Stat. 3854, which Act enacted Title 41, Public Contracts.
6 U.S.C. § 423 (DOMESTIC SECURITY)
§ 423. Increased simplified acquisition threshold for procurements in support of humanitarian or peacekeeping operations or contingency operations
(a) Temporary threshold amounts
For a procurement referred to in section 422 of this title that is carried out in support of a humanitarian or peacekeeping operation or a contingency operation, the simplified acquisition threshold definitions shall be applied as if the amount determined under the exception provided for such an operation in those definitions were—
(1) in the case of a contract to be awarded and performed, or purchase to be made, inside the United States, $200,000; or
(2) in the case of a contract to be awarded and performed, or purchase to be made, outside the United States, $300,000.
(b) Simplified acquisition threshold definitions
In this section, the term “simplified acquisition threshold definitions” means the following:
(1) Section 134 of title 41.
(2) Section 153 of title 41.
(3) Section 2302(7) of title 10.
(c) Small business reserve
For a procurement carried out pursuant to subsection (a), section 644(j) of title 15 shall be applied as if the maximum anticipated value identified therein is equal to the amounts referred to in subsection (a).
(Pub. L. 107–296, title VIII, § 853, Nov. 25, 2002, 116 Stat. 2235.)
heading: Editorial Notes
heading: Codification
text: In subsec. (b)(1), “Section 134 of title 41” substituted for “Section 4(11) of the Office of Federal Procurement Policy Act (41 U.S.C. 403(11))” on authority of Pub. L. 111–350, § 6(c), Jan. 4, 2011, 124 Stat. 3854, which Act enacted Title 41, Public Contracts.
In subsec. (b)(2), “Section 153 of title 41” substituted for “Section 309(d) of the Federal Property and Administrative Services Act of 1949 (41 U.S.C. 259(d))” on authority of Pub. L. 111–350, § 6(c), Jan. 4, 2011, 124 Stat. 3854, which Act enacted Title 41, Public Contracts.
6 U.S.C. § 424 (DOMESTIC SECURITY)
§ 424. Increased micro-purchase threshold for certain procurements
In the administration of section 1902 of title 41 with respect to a procurement referred to in section 422 of this title, the amount specified in subsections (a), (d), and (e) of such section 1902 shall be deemed to be $7,500.
(Pub. L. 107–296, title VIII, § 854, Nov. 25, 2002, 116 Stat. 2236.)
heading: Editorial Notes
heading: Codification
text: In text, “section 1902 of title 41” substituted for “section 32 of the Office of Federal Procurement Policy Act (41 U.S.C. 428)” and “subsections (a), (d), and (e) of such section 1902” substituted for “subsections (c), (d), and (f) of such section 32” on authority of Pub. L. 111–350, § 6(c), Jan. 4, 2011, 124 Stat. 3854, which Act enacted Title 41, Public Contracts.
6 U.S.C. § 425 (DOMESTIC SECURITY)
§ 425. Application of certain commercial items authorities to certain procurements
(a) Authority
(1) In general
The head of an executive agency may apply the provisions of law listed in paragraph (2) to a procurement referred to in section 422 of this title without regard to whether the property or services are commercial items.
(2) Commercial item laws
The provisions of law referred to in paragraph (1) are as follows:
(A) Sections 1901 and 1906 of title 41.
(B) Section 2304(g) of title 10.
(C) Section 3305 of title 41.
(b) Inapplicability of limitation on use of simplified acquisition procedures
(1) In general
The $5,000,000 limitation provided in section 1901(a)(2) of title 41, section 2304(g)(1)(B) of title 10, and section 3305(a)(2) of title 41 shall not apply to purchases of property or services to which any of the provisions of law referred to in subsection (a) are applied under the authority of this section.
(2) OMB guidance
The Director of the Office of Management and Budget shall issue guidance and procedures for the use of simplified acquisition procedures for a purchase of property or services in excess of $5,000,000 under the authority of this section.
(c) Continuation of authority for simplified purchase procedures
Authority under a provision of law referred to in subsection (a)(2) that expires under section 4202(e) of the Clinger-Cohen Act of 1996 (divisions D and E of Public Law 104–106; 10 U.S.C. 2304 note) shall, notwithstanding such section, continue to apply for use by the head of an executive agency as provided in subsections (a) and (b).
(Pub. L. 107–296, title VIII, § 855, Nov. 25, 2002, 116 Stat. 2236.)
heading: Editorial Notes
heading: References in Text
text: Section 4202(e) of the Clinger-Cohen Act of 1996, referred to in subsec. (c), is section 4202(e) of Pub. L. 104–106, which is set out as a note under section 2304 of Title 10, Armed Forces.
heading: Codification
text: In subsec. (a)(2)(A), “Sections 1901 and 1906 of title 41” substituted for “Sections 31 and 34 of the Office of Federal Procurement Policy Act (41 U.S.C. 427, 430)” on authority of Pub. L. 111–350, § 6(c), Jan. 4, 2011, 124 Stat. 3854, which Act enacted Title 41, Public Contracts.
In subsec. (a)(2)(C), “Section 3305 of title 41” substituted for “Section 303(g) of the Federal Property and Administrative Services Act of 1949 (41 U.S.C. 253(g))” on authority of Pub. L. 111–350, § 6(c), Jan. 4, 2011, 124 Stat. 3854, which Act enacted Title 41, Public Contracts.
In subsec. (b)(1), “section 1901(a)(2) of title 41” substituted for “section 31(a)(2) of the Office of Federal Procurement Policy Act (41 U.S.C. 427(a)(2))” and “section 3305(a)(2) of title 41” substituted for “section 303(g)(1)(B) of the Federal Property and Administrative Services Act of 1949 (41 U.S.C. 253(g)(1)(B))” on authority of Pub. L. 111–350, § 6(c), Jan. 4, 2011, 124 Stat. 3854, which Act enacted Title 41, Public Contracts.
6 U.S.C. § 441 (DOMESTIC SECURITY)
§ 441. Administration
(a) In general
The Secretary shall be responsible for the administration of this part.
(b) Designation of qualified anti-terrorism technologies
The Secretary may designate anti-terrorism technologies that qualify for protection under the system of risk management set forth in this part in accordance with criteria that shall include, but not be limited to, the following:
(1) Prior United States Government use or demonstrated substantial utility and effectiveness.
(2) Availability of the technology for immediate deployment in public and private settings.
(3) Existence of extraordinarily large or extraordinarily unquantifiable potential third party liability risk exposure to the Seller or other provider of such anti-terrorism technology.
(4) Substantial likelihood that such anti-terrorism technology will not be deployed unless protections under the system of risk management provided under this part are extended.
(5) Magnitude of risk exposure to the public if such anti-terrorism technology is not deployed.
(6) Evaluation of all scientific studies that can be feasibly conducted in order to assess the capability of the technology to substantially reduce risks of harm.
(7) Anti-terrorism technology that would be effective in facilitating the defense against acts of terrorism, including technologies that prevent, defeat or respond to such acts.
(c) Regulations
The Secretary may issue such regulations, after notice and comment in accordance with section 553 of title 5, as may be necessary to carry out this part.
(Pub. L. 107–296, title VIII, § 862, Nov. 25, 2002, 116 Stat. 2238.)
heading: Statutory Notes and Related Subsidiaries
heading: Short Title
text: For short title of this part as the “Support Anti-terrorism by Fostering Effective Technologies Act of 2002” or the “SAFETY Act”, see section 861 of Pub. L. 107–296, set out as a Short Title note under section 101 of this title.
6 U.S.C. § 444 (DOMESTIC SECURITY)
§ 444. Definitions
For purposes of this part, the following definitions apply:
(1) Qualified anti-terrorism technology
For purposes of this part, the term “qualified anti-terrorism technology” means any product, equipment, service (including support services), device, or technology (including information technology) designed, developed, modified, or procured for the specific purpose of preventing, detecting, identifying, or deterring acts of terrorism or limiting the harm such acts might otherwise cause, that is designated as such by the Secretary.
(2) Act of terrorism
(A) The term “act of terrorism” means any act that the Secretary determines meets the requirements under subparagraph (B), as such requirements are further defined and specified by the Secretary.
(B) Requirements.—
An act meets the requirements of this subparagraph if the act—
(i) is unlawful;
(ii) causes harm to a person, property, or entity, in the United States, or in the case of a domestic United States air carrier or a United States-flag vessel (or a vessel based principally in the United States on which United States income tax is paid and whose insurance coverage is subject to regulation in the United States), in or outside the United States; and
(iii) uses or attempts to use instrumentalities, weapons or other methods designed or intended to cause mass destruction, injury or other loss to citizens or institutions of the United States.
(3) Insurance carrier
The term “insurance carrier” means any corporation, association, society, order, firm, company, mutual,1 partnership, individual aggregation of individuals, or any other legal entity that provides commercial property and casualty insurance. Such term includes any affiliates of a commercial insurance carrier.
(4) Liability insurance
(A) 2 In general
The term “liability insurance” means insurance for legal liabilities incurred by the insured resulting from—
(i) loss of or damage to property of others;
(ii) ensuing loss of income or extra expense incurred because of loss of or damage to property of others;
(iii) bodily injury (including) to persons other than the insured or its employees; or
(iv) loss resulting from debt or default of another.
(5) Loss
The term “loss” means death, bodily injury, or loss of or damage to property, including business interruption loss.
(6) Non-Federal Government customers
The term “non-Federal Government customers” means any customer of a Seller that is not an agency or instrumentality of the United States Government with authority under Public Law 85–804 [50 U.S.C. 1431 et seq.] to provide for indemnification under certain circumstances for third-party claims against its contractors, including but not limited to State and local authorities and commercial entities.
(Pub. L. 107–296, title VIII, § 865, Nov. 25, 2002, 116 Stat. 2241.)
heading: Editorial Notes
heading: References in Text
text: Public Law 85–804, referred to in par. (6), is Pub. L. 85–804, Aug. 28, 1958, 72 Stat. 972, as amended, which is classified generally to chapter 29 (§ 1431 et seq.) of Title 50, War and National Defense. For complete classification of this Act to the Code, see Tables.
6 U.S.C. § 451 (DOMESTIC SECURITY)
§ 451. Advisory committees
(a) In general
The Secretary may establish, appoint members of, and use the services of, advisory committees, as the Secretary may deem necessary. An advisory committee established under this section may be exempted by the Secretary from Public Law 92–463, but the Secretary shall publish notice in the Federal Register announcing the establishment of such a committee and identifying its purpose and membership. Notwithstanding the preceding sentence, members of an advisory committee that is exempted by the Secretary under the preceding sentence who are special Government employees (as that term is defined in section 202 of title 18) shall be eligible for certifications under subsection (b)(3) of section 208 of title 18 for official actions taken as a member of such advisory committee.
(b) Termination
Any advisory committee established by the Secretary shall terminate 2 years after the date of its establishment, unless the Secretary makes a written determination to extend the advisory committee to a specified date, which shall not be more than 2 years after the date on which such determination is made. The Secretary may make any number of subsequent extensions consistent with this subsection.
(Pub. L. 107–296, title VIII, § 871, Nov. 25, 2002, 116 Stat. 2243.)
heading: Editorial Notes
heading: References in Text
text: Public Law 92–463, referred to in subsec. (a), is Pub. L. 92–463, Oct. 6, 1972, 86 Stat. 770, as amended, known as the Federal Advisory Committee Act, which is set out in the Appendix to Title 5, Government Organization and Employees.