TITLE 6 - HOMELAND SECURITY and DOMESTIC SECURITY

TITLE 6—DOMESTIC SECURITY
Chap. Sec. lieu of recognizance, stipulation, bond, guarantee, or

1. Homeland Security Organization ... 101 undertaking and contractors’ bonds, was repealed by
Pub. L. 97–258, § 5(b), Sept. 13, 1982, 96 Stat. 1068, 1085.
PRIOR PROVISIONS
See sections 9301 and 9303 of Title 31, Money and Fi-
A prior Title 6, Surety Bonds, was enacted by act nance.
July 30, 1947, ch. 390, § 1, 61 Stat. 646, and was repealed
by act Sept. 13, 1982, Pub. L. 97–258, § 5(b), 96 Stat. 1068, CHAPTER 1—HOMELAND SECURITY
1085. ORGANIZATION
Sections 1 to 5 were repealed by Pub. L. 92–310, title
II, § 203(1), June 6, 1972, 86 Stat. 202. Sec.
Section 1, acts July 30, 1947, ch. 390, 61 Stat. 646; Oct. 101. Definitions.
31, 1951, ch. 655, § 13, 65 Stat. 715, related to custody of 102. Construction; severability.
official bonds. 103. Use of appropriated funds.
Section 2, act July 30, 1947, ch. 390, 61 Stat. 647, di- SUBCHAPTER I—DEPARTMENT OF HOMELAND
rected examination at least once every two years of SECURITY
sufficiency of sureties on official bonds.
Section 3, acts July 30, 1947, ch. 390, 61 Stat. 647; Sept. 111. Executive department; mission.
3, 1954, ch. 1263, § 15, 68 Stat. 1231, related to renewal of (a) Establishment.
bonds and continuance of liability. (b) Mission.
Section 4, act July 30, 1947, ch. 390, 61 Stat. 647, re- 112. Secretary; functions.
lated to notice of delinquency of principal. The provi- (a) Secretary.
sions of the section were reenacted by section 260 of (b) Functions.
Pub. L. 92–310, which was classified to section 497a of (c) Coordination with non-Federal enti-
former Title 31. See section 3532 of Title 31, Money and ties.
Finance. (d) Meetings of National Security Coun-
Section 5, act July 30, 1947, ch. 390, 61 Stat. 648, re- cil.
lated to limitation of actions against sureties. (e) Issuance of regulations.
Sections 6 to 13 were repealed by Pub. L. 97–258, § 5(b), (f) Special Assistant to the Secretary.
Sept. 13, 1982, 96 Stat. 1068, 1085. (g) Standards policy.
Section 6, acts July 30, 1947, ch. 390, 61 Stat. 648; Aug. 113. Other officers.
9, 1955, ch. 683, § 2, 69 Stat. 620; June 6, 1972, Pub. L. (a) Deputy Secretary; Under Secretaries.
92–310, title II, § 203(2), 86 Stat. 202, related to surety (b) Inspector General.
companies as sureties. See section 9304 of Title 31, (c) Commandant of the Coast Guard.
Money and Finance. (d) Other officers.
Section 7, act July 30, 1947, ch. 390, 61 Stat. 648, re- (e) Chief Financial Officer.
lated to appointment of agents and service of process (f) Performance of specific functions.
with regards to surety companies as sureties. See sec- 114. Sensitive Security Information.
tion 9306 of Title 31.
Section 8, act July 30, 1947, ch. 390, 61 Stat. 649, re- SUBCHAPTER II—INFORMATION ANALYSIS AND
lated to deposit of copy of charter of surety company INFRASTRUCTURE PROTECTION
before transacting business under sections 6 to 13 of PART A—DIRECTORATE FOR INFORMATION ANALYSIS
this title. See section 9305 of Title 31. AND INFRASTRUCTURE PROTECTION; ACCESS TO INFOR-
Section 9, act July 30, 1947, ch. 390, 61 Stat. 649, re- MATION
lated to quarterly statements of surety companies filed
with Secretary of the Treasury. See section 9305 of 121. Directorate for Information Analysis and In-
Title 31. frastructure Protection.
Section 10, act July 30, 1947, ch. 390, 61 Stat. 649, re- (a) Under Secretary of Homeland Secu-
lated to jurisdiction over surety companies with re- rity for Information Analysis and
gards to suits on bonds. See section 9307 of Title 31. Infrastructure Protection.
Section 11, act July 30, 1947, ch. 390, 61 Stat. 649, pro- (b) Assistant Secretary for Information
vided sanctions for nonpayment of a judgment by sur- Analysis; Assistant Secretary for
ety company. See section 9305 of Title 31. Infrastructure Protection.
Section 12, act July 30, 1947, ch. 390, 61 Stat. 649, es- (c) Discharge of information analysis and
topped a surety company to deny its corporate powers, infrastructure protection.
etc. See section 9307 of Title 31. (d) Responsibilities of Under Secretary.
Section 13, act July 30, 1947, ch. 390, 61 Stat. 650, pro- (e) Staff.
vided for fining of surety companies for their failure to (f) Detail of personnel.
comply with law. See section 9308 of Title 31. (g) Functions transferred.
Section 14, acts July 30, 1947, ch. 390, 61 Stat. 650; Aug. 122. Access to information.
9, 1955, ch. 683, § 1, 69 Stat. 618, which related to pur- (a) In general.
chase of bonds to cover officers and employees of Fed- (b) Manner of access.
eral Government, was repealed by Pub. L. 92–310, title (c) Treatment under certain laws.
II, § 203(1), June 6, 1972, 86 Stat. 202. (d) Access to intelligence and other infor-
Section 15, act July 30, 1947, ch. 390, 61 Stat. 650, mation.
which related to bonds and notes of United States in 123. Terrorist travel program.
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TITLE 6—DOMESTIC SECURITY Page 2
Sec. Sec.
PART B—CRITICAL INFRASTRUCTURE INFORMATION (c) Fund.
188. Conduct of research, development, dem-
131. Definitions.
onstration, testing and evaluation.
132. Designation of critical infrastructure protec-
(a) In general.
tion program.
133. Protection of voluntarily shared critical in- (b) Extramural programs.
frastructure information. (c) Intramural programs.
(a) Protection. 189. Utilization of Department of Energy national
(b) Limitation. laboratories and sites in support of home-
(c) Independently obtained information. land security activities.
(d) Treatment of voluntary submittal of (a) Authority to utilize national labora-
information. tories and sites.
(e) Procedures. (b) Joint sponsorship arrangements.
(f) Penalties. (c) Separate contracting.
(g) Authority to issue warnings. (d) Authority with respect to cooperative
(h) Authority to delegate. research and development agree-
134. No private right of action. ments and licensing agreements.
(e) Reimbursement of costs.
PART C—INFORMATION SECURITY (f) Laboratory directed research and de-
141. Procedures for sharing information. velopment by the Department of
142. Privacy officer. Energy.
143. Enhancement of non-Federal cybersecurity. (g) Office for National Laboratories.
144. NET Guard. (h) Department of Energy coordination
145. Cyber Security Enhancement Act of 2002. on homeland security related re-
(a) Short title. search.
(b) Amendment of sentencing guidelines 190. Transfer of Plum Island Animal Disease Cen-
relating to certain computer ter, Department of Agriculture.
crimes. (a) In general.
(c) Study and report on computer crimes. (b) Continued Department of Agriculture
(d) Emergency disclosure exception. access.
(c) Direction of activities.
PART D—OFFICE OF SCIENCE AND TECHNOLOGY (d) Notification.
161. Establishment of Office; Director. 191. Homeland Security Science and Technology
(a) Establishment. Advisory Committee.
(b) Director. (a) Establishment.
162. Mission of Office; duties. (b) Membership.
(a) Mission. (c) Terms of office.
(b) Duties. (d) Eligibility.
(c) Competition required. (e) Meetings.
(d) Information from Federal agencies. (f) Quorum.
(e) Publications. (g) Conflict of interest rules.
(f) Transfer of funds. (h) Reports.
(g) Annual report. (i) Federal Advisory Committee Act ex-
163. Definition of law enforcement technology. emption.
164. Abolishment of Office of Science and Tech- (j) Termination.
nology of National Institute of Justice; 192. Homeland Security Institute.
transfer of functions. (a) Establishment.
(a) Authority to transfer functions. (b) Administration.
(b) Transfer of personnel and assets. (c) Duties.
(c) Report on implementation. (d) Consultation on Institute activities.
165. National Law Enforcement and Corrections (e) Use of centers.
Technology Centers. (f) Annual reports.
(a) In general. (g) Termination.
(b) Purpose of Centers. 193. Technology clearinghouse to encourage and
(c) Annual meeting. support innovative solutions to enhance
(d) Report. homeland security.
SUBCHAPTER III—SCIENCE AND TECHNOLOGY IN (a) Establishment of program.
SUPPORT OF HOMELAND SECURITY (b) Elements of program.
(c) Miscellaneous provisions.
181. Under Secretary for Science and Technology. 194. Enhancement of public safety communica-
182. Responsibilities and authorities of the Under tions interoperability.
Secretary for Science and Technology. (a) Coordination of public safety inter-
183. Functions transferred. operable communications programs.
184. Conduct of certain public health-related ac- (b) Report.
tivities. (c) International interoperability.
(a) In general. (d) Omitted.
(b) Evaluation of progress. (e) Multiyear interoperability grants.
185. Federally funded research and development (f) Interoperable communications plans.
centers. (g) Definitions.
186. Miscellaneous provisions. (h) Omitted.
(a) Classification. (i) Sense of Congress regarding inter-
(b) Construction.
operable communications.
(c) Regulations.
(d) Notification of Presidential life SUBCHAPTER IV—DIRECTORATE OF BORDER AND
sciences designations. TRANSPORTATION SECURITY
187. Homeland Security Advanced Research
PART A—UNDER SECRETARY FOR BORDER AND
Projects Agency.
TRANSPORTATION SECURITY
(a) Definitions.
(b) Homeland Security Advanced Re- 201. Under Secretary for Border and Transpor-
search Projects Agency. tation Security.
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Sec. Sec.
202. Responsibilities. 237. Information on visa denials required to be en-
203. Functions transferred. tered into electronic data system.
(a) In general.
PART B—UNITED STATES CUSTOMS SERVICE (b) Prohibition.
211. Establishment; Commissioner of Customs. 238. Office for Domestic Preparedness.
(a) Establishment. (a) In general.
(b) Commissioner of Customs. (b) Director.
212. Retention of Customs revenue functions by (c) Responsibilities.
Secretary of the Treasury. (d) Fiscal years 2003 and 2004.
(a) Retention of Customs revenue func- PART D—IMMIGRATION ENFORCEMENT FUNCTIONS
tions by Secretary of the Treasury.
(b) Maintenance of Customs revenue 251. Transfer of functions to Under Secretary for
functions. Border and Transportation Security.
(c) New personnel. 252. Establishment of Bureau of Border Security.
213. Preservation of Customs funds. (a) Establishment of Bureau.
214. Separate budget request for Customs. (b) Chief of Policy and Strategy.
215. Definition. (c) Legal advisor.
216. GAO report to Congress. 253. Professional responsibility and quality re-
217. Allocation of resources by the Secretary. view.
(a) In general. 254. Employee discipline.
(b) Notification of Congress. 255. Report on improving enforcement functions.
(c) Definition. (a) In general.
218. Reports to Congress. (b) Consultation.
(a) Continuing reports. 256. Sense of Congress regarding construction of
(b) Report on conforming amendments. fencing near San Diego, California.
PART C—MISCELLANEOUS PROVISIONS PART E—CITIZENSHIP AND IMMIGRATION SERVICES

231. Transfer of certain agricultural inspection 271. Establishment of Bureau of Citizenship and
functions of the Department of Agriculture. Immigration Services.
(a) Transfer of agricultural import and (a) Establishment of Bureau.
entry inspection functions. (b) Transfer of functions from Commis-
(b) Covered animal and plant protection sioner.
laws. (c) Chief of Policy and Strategy.
(c) Exclusion of quarantine activities. (d) Legal advisor.
(d) Effect of transfer. (e) Budget Officer.
(e) Transfer agreement. (f) Chief of Office of Citizenship.
(f) Periodic transfer of funds to Depart- 272. Citizenship and Immigration Services Om-
ment of Homeland Security. budsman.
(g) Transfer of Department of Agri- (a) In general.
culture employees. (b) Functions.
232. Functions of Administrator of General Serv- (c) Annual reports.
ices. (d) Other responsibilities.
(a) Operation, maintenance, and protec- (e) Personnel actions.
tion of Federal buildings and (f) Responsibilities of Bureau of Citizen-
grounds. ship and Immigration Services.
(b) Collection of rents and fees; Federal (g) Operation of local offices.
Buildings Fund. 273. Professional responsibility and quality re-
233. Functions of Transportation Security Admin- view.
istration. (a) In general.
(a) Consultation with Federal Aviation (b) Special considerations.
Administration. 274. Employee discipline.
(b) Report to Congress. 275. Transition.
(c) Limitations on statutory construc- (a) References.
tion. (b) Other transition issues.
234. Preservation of Transportation Security Ad- 276. Report on improving immigration services.
ministration as a distinct entity. (a) In general.
(a) In general. (b) Contents.
(b) Sunset. (c) Consultation.
235. Coordination of information and information 277. Report on responding to fluctuating needs.
technology. 278. Application of Internet-based technologies.
(a) Definition of affected agency. (a) Establishment of tracking system.
(b) Coordination. (b) Feasibility study for online filing and
(c) Report and plan. improved processing.
236. Visa issuance. (c) Technology Advisory Committee.
(a) Definition. 279. Children’s affairs.
(b) In general. (a) Transfer of functions.
(c) Authority of the Secretary of State. (b) Functions.
(d) Consular officers and chiefs of mis- (c) Rule of construction.
sions. (d) Effective date.
(e) Assignment of Homeland Security (e) References.
employees to diplomatic and con- (f) Other transition issues.
sular posts. (g) Definitions.
(f) No creation of private right of action.
PART F—GENERAL IMMIGRATION PROVISIONS
(g) Study regarding use of foreign nation-
als. 291. Abolishment of INS.
(h) Report. (a) In general.
(i) Visa issuance program for Saudi Ara- (b) Prohibition.
bia. 292. Voluntary separation incentive payments.
TITLE 6—DOMESTIC SECURITY Page 4
Sec. Sec.
(a) Definitions. (b) Designation of Johnny Micheal Spann
(b) Strategic restructuring plan. Patriot Trusts.
(c) Authority. (c) Requirements for the designation of
(d) Additional agency contributions to Johnny Micheal Spann Patriot
the retirement fund. Trusts.
(e) Effect of subsequent employment (d) Treatment of Johnny Micheal Spann
with the Government. Patriot Trusts.
(f) Effect on employment levels. (e) Notification of Trust beneficiaries.
293. Authority to conduct a demonstration project (f) Regulations.
relating to disciplinary action.
SUBCHAPTER VII—MANAGEMENT
(a) In general.
(b) Scope. 341. Under Secretary for Management.
(c) Procedures. (a) In general.
(d) Actions involving discrimination. (b) Immigration.
(e) Certain employees. 342. Chief Financial Officer.
(f) Reports. (a) In general.
(g) Definition. (b) Program analysis and evaluation
294. Sense of Congress. function.
295. Director of Shared Services. (c) Notification regarding transfer or re-
(a) In general. programming of funds.
(b) Functions. 343. Chief Information Officer.
296. Separation of funding. (a) In general.
(a) In general. (b) Geospatial information functions.
(b) Separate budgets. 344. Chief Human Capital Officer.
(c) Fees. 345. Establishment of Officer for Civil Rights and
(d) Fees not transferable. Civil Liberties.
297. Reports and implementation plans. (a) In general.
(a) Division of funds. (b) Report.
(b) Division of personnel. 346. Consolidation and co-location of offices.
(c) Implementation plan.
SUBCHAPTER VIII—COORDINATION WITH NON-
(d) Comptroller General studies and re-
FEDERAL ENTITIES; INSPECTOR GENERAL;
ports.
UNITED STATES SECRET SERVICE; COAST
298. Immigration functions.
GUARD; GENERAL PROVISIONS
(a) Annual report.
(b) Sense of Congress regarding immigra- PART A—COORDINATION WITH NON-FEDERAL ENTITIES
tion services.
361. Office for State and Local Government Co-
SUBCHAPTER V—EMERGENCY PREPAREDNESS ordination.
AND RESPONSE (a) Establishment.
311. Under Secretary for Emergency Preparedness (b) Responsibilities.
and Response.
312. Responsibilities. PART B—INSPECTOR GENERAL
313. Functions transferred. 371. Repealed.
314. Nuclear incident response.
(a) In general. PART C—UNITED STATES SECRET SERVICE
(b) Rule of construction. 381. Functions transferred.
315. Conduct of certain public health-related ac-
tivities. PART D—ACQUISITIONS
(a) In general.
(b) Evaluation of progress. 391. Research and development projects.
316. Definition. (a) Authority.
317. Role of Federal Emergency Management (b) Report.
Agency. (c) Procurement of temporary and inter-
(a) In general. mittent services.
(b) Federal Response Plan. (d) Definition of nontraditional Govern-
318. Use of national private sector networks in ment contractor.
emergency response. 392. Personal services.
319. Use of commercially available technology, 393. Special streamlined acquisition authority.
goods, and services. (a) Authority.
320. Procurement of security countermeasures for (b) Increased micro-purchase threshold
Strategic National Stockpile. for certain procurements.
(a) Authorization of appropriations. (c) Simplified acquisition procedures.
(b) Special reserve fund. (d) Application of certain commercial
(c) Availability. items authorities.
(d) Related authorizations of appropria- (e) Report.
tions. 394. Unsolicited proposals.
321. Urban and other high risk area communica- (a) Regulations required.
tions capabilities. (b) Content of regulations.
(a) In general. 395. Prohibition on contracts with corporate expa-
(b) Minimum capabilities. triates.
(a) In general.
SUBCHAPTER VI—TREATMENT OF CHARITABLE (b) Inverted domestic corporation.
TRUSTS FOR MEMBERS OF THE ARMED (c) Definitions and special rules.
FORCES OF THE UNITED STATES AND OTHER (d) Waivers.
GOVERNMENTAL ORGANIZATIONS
PART E—HUMAN RESOURCES MANAGEMENT
331. Treatment of charitable trusts for members
of the Armed Forces of the United States 411. Establishment of human resources manage-
and other governmental organizations. ment system.
(a) Findings. (a) Authority.
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Sec. Sec.
(b) Effect on personnel. (c) Budget request.
412. Labor-management relations. 453a. Additional uses of appropriated funds.
(a) Limitation on exclusionary author- 454. Future Years Homeland Security Program.
ity. (a) In general.
(b) Provisions relating to bargaining (b) Contents.
units. (c) Effective date.
(c) Waiver. 455. Miscellaneous authorities.
(d) Coordination rule. (a) Seal.
(e) Rule of construction. (b) Participation of members of the
413. Use of counternarcotics enforcement activi- Armed Forces.
ties in certain employee performance ap- (c) Redelegation of functions.
praisals. 456. Military activities.
(a) In general. 457. Regulatory authority and preemption.
(b) Definitions. (a) Regulatory authority.
(b) Preemption of State or local law.
PART F—FEDERAL EMERGENCY PROCUREMENT 458. Office of Counternarcotics Enforcement.
FLEXIBILITY (a) Office.
421. Definition. (b) Assignment of personnel.
422. Procurements for defense against or recovery (c) Limitation on concurrent employ-
from terrorism or nuclear, biological, chem- ment.
ical, or radiological attack. (d) Eligibility to serve as the United
423. Increased simplified acquisition threshold for States Interdiction Coordinator.
procurements in support of humanitarian or (e) Responsibilities.
peacekeeping operations or contingency op- (f) Savings clause.
erations. (g) Reports to Congress.
(a) Temporary threshold amounts. 459. Office of International Affairs.
(a) Establishment.
(b) Simplified acquisition threshold defi-
(b) Duties of the Director.
nitions.
460. Prohibition of the Terrorism Information and
(c) Small business reserve.
Prevention System.
424. Increased micro-purchase threshold for cer-
461. Review of pay and benefit plans.
tain procurements.
462. Office of National Capital Region Coordina-
425. Application of certain commercial items au-
tion.
thorities to certain procurements.
(a) Establishment.
(a) Authority.
(b) Responsibilities.
(b) Inapplicability of limitation on use of
(c) Annual report.
simplified acquisition procedures.
(d) Limitation.
(c) Continuation of authority for sim- 463. Requirement to comply with laws protecting
plified purchase procedures. equal employment opportunity and pro-
426. Use of streamlined procedures. viding whistleblower protections.
(a) Required use. 464. Federal Law Enforcement Training Center.
(b) Waiver of certain small business (a) In general.
threshold requirements. (b) Continuity of operations.
427. Review and report by Comptroller General. 464a. Acceptance and use of gifts.
(a) Requirements. 464b. Staffing accreditation function.
(b) Content of report. 464c. Student housing.
(c) Consultation. 464d. Additional funds for training.
428. Identification of new entrants into the Fed- 464e. Short-term medical services for students.
eral marketplace. 465. Joint Interagency Task Force.
PART G—SUPPORT ANTI-TERRORISM BY FOSTERING (a) Establishment.
EFFECTIVE TECHNOLOGIES (b) Structure.
466. Sense of Congress reaffirming the continued
441. Administration. importance and applicability of the Posse
(a) In general. Comitatus Act.
(b) Designation of qualified anti-ter- (a) Findings.
rorism technologies. (b) Sense of Congress.
(c) Regulations. 467. Coordination with the Department of Health
442. Litigation management. and Human Services under the Public
(a) Federal cause of action. Health Service Act.
(b) Special rules. (a) In general.
(c) Collateral sources. (b) Disclosures among relevant agencies.
(d) Government contractor defense. 468. Preserving Coast Guard mission performance.
(e) Exclusion. (a) Definitions.
443. Risk management. (b) Transfer.
(a) In general. (c) Maintenance of status of functions
(b) Reciprocal waiver of claims. and assets.
(c) Extent of liability. (d) Certain transfers prohibited.
444. Definitions. (e) Changes to missions.
(f) Annual review.
PART H—MISCELLANEOUS PROVISIONS
(g) Direct reporting to Secretary.
451. Advisory committees. (h) Operation as a service in the Navy.
(a) In general. (i) Report on accelerating the Integrated
(b) Termination. Deepwater System.
452. Reorganization. 469. Fees for credentialing and background inves-
(a) Reorganization. tigations in transportation.
(b) Limitations.
PART I—INFORMATION SHARING
453. Use of appropriated funds.
(a) Disposal of property. 481. Short title; findings; and sense of Congress.
(b) Gifts. (a) Short title.
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Sec. Sec.
(b) Findings. (b) Plan elements.
(c) Sense of Congress. (c) Modification of plan.
482. Facilitating homeland security information (d) Effective date.
sharing procedures. 543. Review of congressional committee struc-
(a) Procedures for determining extent of tures.
sharing of homeland security infor-
PART B—TRANSITIONAL PROVISIONS
mation.
(b) Procedures for sharing of homeland 551. Transitional authorities.
security information. (a) Provision of assistance by officials.
(c) Sharing of classified information and (b) Services and personnel.
sensitive but unclassified informa- (c) Acting officials.
tion with State and local personnel. (d) Transfer of personnel, assets, obliga-
(d) Responsible officials. tions, and functions.
(e) Federal control of information. (e) Prohibition on use of transportation
(f) Definitions. trust funds.
(g) Construction. 552. Savings provisions.
483. Report. (a) Completed administrative actions.
(a) Report required. (b) Pending proceedings.
(b) Specified congressional committees. (c) Pending civil actions.
484. Authorization of appropriations. (d) References.
485. Information sharing. (e) Employment provisions.
(a) Definitions. (f) Statutory reporting requirements.
(b) Information sharing environment. 552a. Savings provision of certain transfers made
(c) Preliminary report. under the Homeland Security Act of 2002.
(d) Guidelines and requirements. 553. Terminations.
(e) Implementation plan report. 554. National identification system not author-
(f) Program manager. ized.
(g) Information Sharing Council. 555. Continuity of Inspector General oversight.
(h) Performance management reports. 556. Incidental transfers.
(i) Agency responsibilities. 557. Reference.
(j) Authorization of appropriations.
486. Limitation of liability. § 101. Definitions
SUBCHAPTER IX—NATIONAL HOMELAND In this chapter, the following definitions
SECURITY COUNCIL apply:
491. National Homeland Security Council. (1) Each of the terms ‘‘American homeland’’
492. Function. and ‘‘homeland’’ means the United States.
493. Membership. (2) The term ‘‘appropriate congressional
(a) Members. committee’’ means any committee of the
(b) Attendance of Chairman of Joint House of Representatives or the Senate having
Chiefs of Staff at meetings. legislative or oversight jurisdiction under the
494. Other functions and activities.
495. Staff composition.
Rules of the House of Representatives or the
496. Relation to the National Security Council. Senate, respectively, over the matter con-
cerned.
SUBCHAPTER X—CONSTRUCTION
(3) The term ‘‘assets’’ includes contracts, fa-
511. Information security responsibilities of cer- cilities, property, records, unobligated or un-
tain agencies. expended balances of appropriations, and other
512. Construction. funds or resources (other than personnel).
513. Federal air marshal program.
(4) The term ‘‘critical infrastructure’’ has
SUBCHAPTER XI—DEPARTMENT OF JUSTICE the meaning given that term in section
DIVISIONS 5195c(e) of title 42.
PART A—EXECUTIVE OFFICE FOR IMMIGRATION REVIEW (5) The term ‘‘Department’’ means the De-
partment of Homeland Security.
521. Legal status of EOIR. (6) The term ‘‘emergency response pro-
522. Statutory construction.
viders’’ includes Federal, State, and local
PART B—TRANSFER OF THE BUREAU OF ALCOHOL, TO- emergency public safety, law enforcement,
BACCO AND FIREARMS TO THE DEPARTMENT OF JUS- emergency response, emergency medical (in-
TICE cluding hospital emergency facilities), and re-
531. Bureau of Alcohol, Tobacco, Firearms, and lated personnel, agencies, and authorities.
Explosives. (7) The term ‘‘executive agency’’ means an
(a), (b) Transferred. executive agency and a military department,
(c) Administration and revenue collec- as defined, respectively, in sections 105 and 102
tion functions. of title 5.
(d) Tax and Trade Bureau.
(8) The term ‘‘functions’’ includes authori-
532. Explosives Training and Research Facility.
(a) Establishment. ties, powers, rights, privileges, immunities,
(b) Purpose. programs, projects, activities, duties, and re-
(c) Authorization of appropriations. sponsibilities.
533. Transferred. (9) The term ‘‘key resources’’ means publicly
SUBCHAPTER XII—TRANSITION or privately controlled resources essential to
the minimal operations of the economy and
PART A—REORGANIZATION PLAN government.
541. Definitions. (10) The term ‘‘local government’’ means—
542. Reorganization plan. (A) a county, municipality, city, town,
(a) Submission of plan. township, local public authority, school dis-
Page 7 TITLE 6—DOMESTIC SECURITY § 101
trict, special district, intrastate district, Short Title note set out under section 1101 of Title 8
council of governments (regardless of wheth- and Tables.
er the council of governments is incor- EFFECTIVE DATE
porated as a nonprofit corporation under
Pub. L. 107–296, § 4, Nov. 25, 2002, 116 Stat. 2142, pro-
State law), regional or interstate govern- vided that: ‘‘This Act [see Tables for classification]
ment entity, or agency or instrumentality of shall take effect 60 days after the date of enactment
a local government; [Nov. 25, 2002].’’
(B) an Indian tribe or authorized tribal or-
SHORT TITLE OF 2004 AMENDMENTS
ganization, or in Alaska a Native village or
Alaska Regional Native Corporation; and Pub. L. 108–458, title VII, § 7001, Dec. 17, 2004, 118 Stat.
(C) a rural community, unincorporated 3775, provided that: ‘‘This title [see Tables for classi-
town or village, or other public entity. fication] may be cited as the ‘9/11 Commission Imple-
mentation Act of 2004’.’’
(11) The term ‘‘major disaster’’ has the Pub. L. 108–458, title VIII, § 8301, Dec. 17, 2004, 118 Stat.
meaning given in section 5122(2) of title 42. 3867, provided that: ‘‘This subtitle [subtitle C
(12) The term ‘‘personnel’’ means officers (§§ 8301–8306) of title VIII of Pub. L. 108–458, amending
and employees. sections 111, 142, and 345 of this title and section 8I of
the Inspector General Act of 1978, Pub. L. 95–452, set out
(13) The term ‘‘Secretary’’ means the Sec-
in the Appendix to Title 5, Government Organization
retary of Homeland Security. and Employees, and enacting provisions set out as a
(14) The term ‘‘State’’ means any State of note under section 112 of this title] may be cited as the
the United States, the District of Columbia, ‘Homeland Security Civil Rights and Civil Liberties
the Commonwealth of Puerto Rico, the Virgin Protection Act of 2004’.’’
Islands, Guam, American Samoa, the Com- Pub. L. 108–330, § 1, Oct. 16, 2004, 118 Stat. 1275, pro-
monwealth of the Northern Mariana Islands, vided that: ‘‘This Act [amending sections 113, 342, and
and any possession of the United States. 454 of this title and sections 901 and 3516 of Title 31,
Money and Finance, and enacting provisions set out as
(15) The term ‘‘terrorism’’ means any activ-
notes under section 342 of this title and sections 901 and
ity that— 3516 of Title 31] may be cited as ‘Department of Home-
(A) involves an act that— land Security Financial Accountability Act’.’’
(i) is dangerous to human life or poten-
tially destructive of critical infrastructure SHORT TITLE OF 2003 AMENDMENT
or key resources; and Pub. L. 108–7, div. L, Feb. 20, 2003, 117 Stat. 532, pro-
(ii) is a violation of the criminal laws of vided in part that: ‘‘This division [enacting sections 103
the United States or of any State or other and 552a of this title and section 8I of the Inspector
subdivision of the United States; and General Act of 1978, Pub. L. 95–452, set out in the Ap-
pendix to Title 5, Government Organization and Em-
(B) appears to be intended— ployees, amending sections 113, 162, 164, 188, 395, 453, and
(i) to intimidate or coerce a civilian pop- 551 of this title, section 8D of the Inspector General Act
ulation; of 1978, sections 1103 and 1356 of Title 8, Aliens and Na-
(ii) to influence the policy of a govern- tionality, and section 300aa–33 of Title 42, The Public
Health and Welfare, redesignating section 8I of the In-
ment by intimidation or coercion; or
spector General Act of 1978 as section 8J, repealing sec-
(iii) to affect the conduct of a govern- tion 371 of this title and former section 8J of the In-
ment by mass destruction, assassination, spector General Act of 1978, enacting provisions set out
or kidnapping. as notes under section 521 of this title, section 1356 of
Title 8, and section 300aa–33 of Title 42, and repealing
(16)(A) The term ‘‘United States’’, when used
provisions set out as a note under section 300aa–33 of
in a geographic sense, means any State of the Title 42] may be cited as the ‘Homeland Security Act
United States, the District of Columbia, the Amendments of 2003’.’’
Commonwealth of Puerto Rico, the Virgin Is-
lands, Guam, American Samoa, the Common- SHORT TITLE
wealth of the Northern Mariana Islands, any Pub. L. 107–296, § 1(a), Nov. 25, 2002, 116 Stat. 2135, pro-
possession of the United States, and any wa- vided that: ‘‘This Act [see Tables for classification]
ters within the jurisdiction of the United may be cited as the ‘Homeland Security Act of 2002’.’’
States. Pub. L. 107–296, title II, § 211, Nov. 25, 2002, 116 Stat.
2150, provided that: ‘‘This subtitle [subtitle B
(B) Nothing in this paragraph or any other (§§ 211–215) of title II of Pub. L. 107–296, enacting part B
provision of this chapter shall be construed to of subchapter II of this chapter] may be cited as the
modify the definition of ‘‘United States’’ for ‘Critical Infrastructure Information Act of 2002’.’’
the purposes of the Immigration and Nation- Pub. L. 107–296, title VIII, § 861, Nov. 25, 2002, 116 Stat.
ality Act [8 U.S.C. 1101 et seq.] or any other 2238, provided that: ‘‘This subtitle [subtitle G
immigration or nationality law. (§§ 861–865) of title VIII of Pub. L. 107–296, enacting part
G of subchapter VIII of this chapter] may be cited as
(Pub. L. 107–296, § 2, Nov. 25, 2002, 116 Stat. 2140.) the ‘Support Anti-terrorism by Fostering Effective
Technologies Act of 2002’ or the ‘SAFETY Act’.’’
REFERENCES IN TEXT
For short title of part I of subchapter VIII of this
This chapter, referred to in text, was in the original chapter as the ‘‘Homeland Security Information Shar-
‘‘this Act’’, meaning Pub. L. 107–296, Nov. 25, 2002, 116 ing Act’’, see section 481(a) of this title.
Stat. 2135, known as the Homeland Security Act of 2002, Pub. L. 107–296, title X, § 1001(a), Nov. 25, 2002, 116
which is classified principally to this chapter. For com- Stat. 2259, provided that: ‘‘This title [enacting sub-
plete classification of this Act to the Code, see Short chapter X of this chapter and sections 3531 to 3537 and
Title note set out below and Tables. 3538 of Title 44, Public Printing and Documents, amend-
The Immigration and Nationality Act, referred to in ing section 2224 of Title 10, Armed Forces, sections
par. (16)(B), is act June 27, 1952, ch. 477, 66 Stat. 163, as 278g–3 and 278g–4 of Title 15, Commerce and Trade, sec-
amended, which is classified principally to chapter 12 tion 11331 of Title 40, Public Buildings, Property, and
(§ 1101 et seq.) of Title 8, Aliens and Nationality. For Works, and sections 3504 to 3506 of Title 44, and repeal-
complete classification of this Act to the Code, see ing section 11332 of Title 40 and provisions set out as
notes under section 3531 of Title 44] may be cited as the ‘‘(2) NONGOVERNMENTAL APPOINTEES.—An individual
‘Federal Information Security Management Act of appointed to the Commission may not be an officer or
2002’.’’ employee of the Federal Government or any State or
[For another Federal Information Security Manage- local government.
ment Act of 2002, see section 301(a) of Pub. L. 107–347, ‘‘(3) OTHER QUALIFICATIONS.—It is the sense of Con-
title III, Dec. 17, 2002, 116 Stat. 2946, set out as a note gress that individuals appointed to the Commission
under section 101 of Title 44, Public Printing and Docu- should be prominent United States citizens, with na-
ments.] tional recognition and significant depth of experience
in such professions as governmental service, law en-
NATIONAL COMMISSION ON TERRORIST ATTACKS UPON
forcement, the armed services, law, public adminis-
THE UNITED STATES
tration, intelligence gathering, commerce (including
Pub. L. 107–306, title VI, Nov. 27, 2002, 116 Stat. 2408, aviation matters), and foreign affairs.
as amended by Pub. L. 108–207, § 1, Mar. 16, 2004, 118 ‘‘(4) DEADLINE FOR APPOINTMENT.—All members of
Stat. 556, provided that: the Commission shall be appointed on or before De-
‘‘SEC. 601. ESTABLISHMENT OF COMMISSION. cember 15, 2002.
‘‘There is established in the legislative branch the ‘‘(5) INITIAL MEETING.—The Commission shall meet
National Commission on Terrorist Attacks Upon the and begin the operations of the Commission as soon
United States (in this title referred to as the ‘Commis- as practicable.
sion’). ‘‘(c) QUORUM; VACANCIES.—After its initial meeting,
the Commission shall meet upon the call of the chair-
‘‘SEC. 602. PURPOSES. man or a majority of its members. Six members of the
‘‘The purposes of the Commission are to— Commission shall constitute a quorum. Any vacancy in
‘‘(1) examine and report upon the facts and causes the Commission shall not affect its powers, but shall be
relating to the terrorist attacks of September 11, filled in the same manner in which the original ap-
2001, occurring at the World Trade Center in New pointment was made.
York, New York, in Somerset County, Pennsylvania,
and at the Pentagon in Virginia; ‘‘SEC. 604. FUNCTIONS OF COMMISSION.
‘‘(2) ascertain, evaluate, and report on the evidence ‘‘(a) IN GENERAL.—The functions of the Commission
developed by all relevant governmental agencies re- are to—
garding the facts and circumstances surrounding the ‘‘(1) conduct an investigation that—
attacks; ‘‘(A) investigates relevant facts and cir-
‘‘(3) build upon the investigations of other entities, cumstances relating to the terrorist attacks of Sep-
and avoid unnecessary duplication, by reviewing the tember 11, 2001, including any relevant legislation,
findings, conclusions, and recommendations of— Executive order, regulation, plan, policy, practice,
‘‘(A) the Joint Inquiry of the Select Committee or procedure; and
on Intelligence of the Senate and the Permanent ‘‘(B) may include relevant facts and cir-
Select Committee on Intelligence of the House of cumstances relating to—
Representatives regarding the terrorist attacks of ‘‘(i) intelligence agencies;
September 11, 2001, (hereinafter in this title re- ‘‘(ii) law enforcement agencies;
ferred to as the ‘Joint Inquiry’); and ‘‘(iii) diplomacy;
‘‘(B) other executive branch, congressional, or ‘‘(iv) immigration, nonimmigrant visas, and
independent commission investigations into the border control;
terrorist attacks of September 11, 2001, other ter- ‘‘(v) the flow of assets to terrorist organiza-
rorist attacks, and terrorism generally; tions;
‘‘(4) make a full and complete accounting of the cir- ‘‘(vi) commercial aviation;
cumstances surrounding the attacks, and the extent ‘‘(vii) the role of congressional oversight and re-
of the United States’ preparedness for, and immediate source allocation; and
response to, the attacks; and ‘‘(viii) other areas of the public and private sec-
‘‘(5) investigate and report to the President and tors determined relevant by the Commission for
Congress on its findings, conclusions, and rec- its inquiry;
ommendations for corrective measures that can be ‘‘(2) identify, review, and evaluate the lessons
taken to prevent acts of terrorism. learned from the terrorist attacks of September 11,
‘‘SEC. 603. COMPOSITION OF COMMISSION. 2001, regarding the structure, coordination, manage-
‘‘(a) MEMBERS.—The Commission shall be composed ment policies, and procedures of the Federal Govern-
of 10 members, of whom— ment, and, if appropriate, State and local govern-
‘‘(1) 1 member shall be appointed by the President, ments and nongovernmental entities, relative to de-
who shall serve as chairman of the Commission; tecting, preventing, and responding to such terrorist
‘‘(2) 1 member shall be appointed by the leader of attacks; and
the Senate (majority or minority leader, as the case ‘‘(3) submit to the President and Congress such re-
may be) of the Democratic Party, in consultation ports as are required by this title containing such
with the leader of the House of Representatives (ma- findings, conclusions, and recommendations as the
jority or minority leader, as the case may be) of the Commission shall determine, including proposing or-
Democratic Party, who shall serve as vice chairman ganization, coordination, planning, management ar-
of the Commission; rangements, procedures, rules, and regulations.
‘‘(3) 2 members shall be appointed by the senior ‘‘(b) RELATIONSHIP TO INTELLIGENCE COMMITTEES’ IN-
member of the Senate leadership of the Democratic QUIRY.—When investigating facts and circumstances re-
Party; lating to the intelligence community, the Commission
‘‘(4) 2 members shall be appointed by the senior shall—
member of the leadership of the House of Representa- ‘‘(1) first review the information compiled by, and
tives of the Republican Party; the findings, conclusions, and recommendations of,
‘‘(5) 2 members shall be appointed by the senior the Joint Inquiry; and
member of the Senate leadership of the Republican ‘‘(2) after that review pursue any appropriate area
Party; and of inquiry if the Commission determines that—
‘‘(6) 2 members shall be appointed by the senior ‘‘(A) the Joint Inquiry had not investigated that
member of the leadership of the House of Representa- area;
tives of the Democratic Party. ‘‘(B) the Joint Inquiry’s investigation of that area
‘‘(b) QUALIFICATIONS; INITIAL MEETING.— had not been complete; or
‘‘(1) POLITICAL PARTY AFFILIATION.—Not more than 5 ‘‘(C) new information not reviewed by the Joint
members of the Commission shall be from the same Inquiry had become available with respect to that
political party. area.
‘‘SEC. 605. POWERS OF COMMISSION. ‘‘(1) GENERAL SERVICES ADMINISTRATION.—The Ad-

‘‘(a) IN GENERAL.— ministrator of General Services shall provide to the
‘‘(1) HEARINGS AND EVIDENCE.—The Commission or, Commission on a reimbursable basis administrative
on the authority of the Commission, any sub- support and other services for the performance of the
committee or member thereof, may, for the purpose Commission’s functions.
of carrying out this title— ‘‘(2) OTHER DEPARTMENTS AND AGENCIES.—In addi-
‘‘(A) hold such hearings and sit and act at such tion to the assistance prescribed in paragraph (1), de-
times and places, take such testimony, receive such partments and agencies of the United States may
evidence, administer such oaths; and provide to the Commission such services, funds, fa-
‘‘(B) subject to paragraph (2)(A), require, by sub- cilities, staff, and other support services as they may
poena or otherwise, the attendance and testimony determine advisable and as may be authorized by law.
of such witnesses and the production of such books, ‘‘(e) GIFTS.—The Commission may accept, use, and
records, correspondence, memoranda, papers, and dispose of gifts or donations of services or property.
documents, as the Commission or such designated ‘‘(f) POSTAL SERVICES.—The Commission may use the
subcommittee or designated member may deter- United States mails in the same manner and under the
mine advisable. same conditions as departments and agencies of the
‘‘(2) SUBPOENAS.— United States.
‘‘(A) ISSUANCE.— ‘‘SEC. 606. NONAPPLICABILITY OF FEDERAL ADVI-
‘‘(i) IN GENERAL.—A subpoena may be issued SORY COMMITTEE ACT.
under this subsection only— ‘‘(a) IN GENERAL.—The Federal Advisory Committee
‘‘(I) by the agreement of the chairman and the Act (5 U.S.C. App.) shall not apply to the Commission.
vice chairman; or ‘‘(b) PUBLIC MEETINGS AND RELEASE OF PUBLIC
‘‘(II) by the affirmative vote of 6 members of VERSIONS OF REPORTS.—The Commission shall—
the Commission. ‘‘(1) hold public hearings and meetings to the ex-
‘‘(ii) SIGNATURE.—Subject to clause (i), sub- tent appropriate; and
poenas issued under this subsection may be issued ‘‘(2) release public versions of the reports required
under the signature of the chairman or any mem- under section 610(a) and (b).
ber designated by a majority of the Commission, ‘‘(c) PUBLIC HEARINGS.—Any public hearings of the
and may be served by any person designated by Commission shall be conducted in a manner consistent
the chairman or by a member designated by a ma- with the protection of information provided to or de-
jority of the Commission. veloped for or by the Commission as required by any
‘‘(B) ENFORCEMENT.— applicable statute, regulation, or Executive order.
‘‘(i) IN GENERAL.—In the case of contumacy or
failure to obey a subpoena issued under sub- ‘‘SEC. 607. STAFF OF COMMISSION.
section (a), the United States district court for ‘‘(a) IN GENERAL.—
the judicial district in which the subpoenaed per- ‘‘(1) APPOINTMENT AND COMPENSATION.—The chair-
son resides, is served, or may be found, or where man, in consultation with vice chairman, in accord-
the subpoena is returnable, may issue an order re- ance with rules agreed upon by the Commission, may
quiring such person to appear at any designated appoint and fix the compensation of a staff director
place to testify or to produce documentary or and such other personnel as may be necessary to en-
other evidence. Any failure to obey the order of able the Commission to carry out its functions, with-
the court may be punished by the court as a con- out regard to the provisions of title 5, United States
tempt of that court. Code, governing appointments in the competitive
‘‘(ii) ADDITIONAL ENFORCEMENT.—In the case of service, and without regard to the provisions of chap-
any failure of any witness to comply with any ter 51 and subchapter III of chapter 53 of such title re-
subpoena or to testify when summoned under au- lating to classification and General Schedule pay
thority of this section, the Commission may, by rates, except that no rate of pay fixed under this sub-
majority vote, certify a statement of fact consti- section may exceed the equivalent of that payable for
tuting such failure to the appropriate United a position at level V of the Executive Schedule under
States attorney, who may bring the matter before section 5316 of title 5, United States Code.
the grand jury for its action, under the same stat- ‘‘(2) PERSONNEL AS FEDERAL EMPLOYEES.—
‘‘(A) IN GENERAL.—The executive director and any
utory authority and procedures as if the United
personnel of the Commission who are employees
States attorney had received a certification under
shall be employees under section 2105 of title 5,
sections 102 through 104 of the Revised Statutes of
United States Code, for purposes of chapters 63, 81,
the United States (2 U.S.C. 192 through 194).
‘‘(b) CONTRACTING.—The Commission may, to such ex- 83, 84, 85, 87, 89, and 90 of that title.
‘‘(B) MEMBERS OF COMMISSION.—Subparagraph (A)
tent and in such amounts as are provided in appropria-
shall not be construed to apply to members of the
tion Acts, enter into contracts to enable the Commis-
Commission.
sion to discharge its duties under this title.
‘‘(b) DETAILEES.—Any Federal Government employee
‘‘(c) INFORMATION FROM FEDERAL AGENCIES.—
‘‘(1) IN GENERAL.—The Commission is authorized to may be detailed to the Commission without reimburse-
secure directly from any executive department, bu- ment from the Commission, and such detailee shall re-
reau, agency, board, commission, office, independent tain the rights, status, and privileges of his or her reg-
establishment, or instrumentality of the Govern- ular employment without interruption.
‘‘(c) CONSULTANT SERVICES.—The Commission is au-
ment, information, suggestions, estimates, and sta-
thorized to procure the services of experts and consult-
tistics for the purposes of this title. Each depart-
ants in accordance with section 3109 of title 5, United
ment, bureau, agency, board, commission, office,
States Code, but at rates not to exceed the daily rate
independent establishment, or instrumentality shall,
paid a person occupying a position at level IV of the
to the extent authorized by law, furnish such infor-
Executive Schedule under section 5315 of title 5, United
mation, suggestions, estimates, and statistics di-
States Code.
rectly to the Commission, upon request made by the
chairman, the chairman of any subcommittee created ‘‘SEC. 608. COMPENSATION AND TRAVEL EX-
by a majority of the Commission, or any member des- PENSES.
ignated by a majority of the Commission. ‘‘(a) COMPENSATION.—Each member of the Commis-
‘‘(2) RECEIPT, HANDLING, STORAGE, AND DISSEMINA- sion may be compensated at not to exceed the daily
TION.—Information shall only be received, handled, equivalent of the annual rate of basic pay in effect for
stored, and disseminated by members of the Commis- a position at level IV of the Executive Schedule under
sion and its staff consistent with all applicable stat- section 5315 of title 5, United States Code, for each day
utes, regulations, and Executive orders. during which that member is engaged in the actual per-
‘‘(d) ASSISTANCE FROM FEDERAL AGENCIES.— formance of the duties of the Commission.
‘‘(b) TRAVEL EXPENSES.—While away from their remainder thereof, or the application of such
homes or regular places of business in the performance provision to other persons not similarly situated
of services for the Commission, members of the Com- or to other, dissimilar circumstances.
mission shall be allowed travel expenses, including per
diem in lieu of subsistence, in the same manner as per- (Pub. L. 107–296, § 3, Nov. 25, 2002, 116 Stat. 2141.)
sons employed intermittently in the Government serv-
ice are allowed expenses under section 5703(b) [5703] of § 103. Use of appropriated funds
title 5, United States Code.
Notwithstanding any other provision of this
‘‘SEC. 609. SECURITY CLEARANCES FOR COMMIS- chapter, any report, notification, or consulta-
SION MEMBERS AND STAFF. tion addressing directly or indirectly the use of
‘‘The appropriate Federal agencies or departments appropriated funds and stipulated by this chap-
shall cooperate with the Commission in expeditiously
providing to the Commission members and staff appro-
ter to be submitted to, or held with, the Con-
priate security clearances to the extent possible pursu- gress or any Congressional committee shall also
ant to existing procedures and requirements, except be submitted to, or held with, the Committees
that no person shall be provided with access to classi- on Appropriations of the Senate and the House
fied information under this title without the appro- of Representatives under the same conditions
priate security clearances. and with the same restrictions as stipulated by
‘‘SEC. 610. REPORTS OF COMMISSION; TERMI- this chapter.
NATION.
(Pub. L. 107–296, title XVII, § 1714, as added Pub.
‘‘(a) INTERIM REPORTS.—The Commission may submit
L. 108–7, div. L, § 103(5), Feb. 20, 2003, 117 Stat.
to the President and Congress interim reports con-
taining such findings, conclusions, and recommenda- 529.)
tions for corrective measures as have been agreed to by REFERENCES IN TEXT
a majority of Commission members.
‘‘(b) FINAL REPORT.—Not later than 20 months after This chapter, referred to in text, was in the original
the date of the enactment of this Act [Nov. 27, 2002], the ‘‘this Act’’, meaning Pub. L. 107–296, Nov. 25, 2002, 116
Commission shall submit to the President and Congress Stat. 2135, known as the Homeland Security Act of 2002,
a final report containing such findings, conclusions, which is classified principally to this chapter. For com-
and recommendations for corrective measures as have plete classification of this Act to the Code, see Short
been agreed to by a majority of Commission members. Title note set out under section 101 of this title and Ta-
‘‘(c) TERMINATION.— bles.
‘‘(1) IN GENERAL.—The Commission, and all the au- PRIOR PROVISIONS
thorities of this title, shall terminate 30 days after
the date on which the final report is submitted under A prior section 1714 of Pub. L. 107–296 amended sec-
subsection (b). tion 300aa–33 of Title 42, The Public Health and Wel-
‘‘(2) ADMINISTRATIVE ACTIVITIES BEFORE TERMI- fare, prior to repeal by Pub. L. 108–7, div. L, § 102(a),
NATION.—The Commission may use the 30-day period Feb. 20, 2003, 117 Stat. 528.
referred to in paragraph (1) for the purpose of con-
NOTIFICATIONS FOR REPROGRAMMING OR TRANSFER OF
cluding its activities, including providing testimony
FUNDS
to committees of Congress concerning its reports and
disseminating the final report. Pub. L. 109–90, title V, § 503(e), Oct. 18, 2005, 119 Stat.
2082, provided that: ‘‘Hereafter, notwithstanding any
‘‘SEC. 611. FUNDING.
other provision of law, notifications pursuant to this
‘‘(a) TRANSFER FROM THE NATIONAL FOREIGN INTEL- section or any other authority for reprogramming or
LIGENCE PROGRAM.—Of the amounts authorized to be transfer of funds shall be made solely to the Commit-
appropriated by this Act [see Tables for classification] tees on Appropriations of the Senate and the House of
and made available in public law 107–248 [see Tables for Representatives.’’
classification] (Department of Defense Appropriations
Act, 2003) for the National Foreign Intelligence Pro- SUBCHAPTER I—DEPARTMENT OF
gram, not to exceed $3,000,000 shall be available for HOMELAND SECURITY
transfer to the Commission for purposes of the activi-
ties of the Commission under this title. § 111. Executive department; mission
‘‘(b) ADDITIONAL FUNDING.—In addition to the
amounts made available to the Commission under sub- (a) Establishment
section (a) and under chapter 2 of title II of the Emer- There is established a Department of Home-
gency Wartime Supplemental Appropriations Act, 2003
land Security, as an executive department of the
(Public Law 108–11; 117 Stat. 591), of the amounts appro-
priated for the programs and activities of the Federal United States within the meaning of title 5.
Government for fiscal year 2004 that remain available (b) Mission
for obligation, not more than $1,000,000 shall be avail- (1) In general
able for transfer to the Commission for purposes of the
activities of the Commission under this title. The primary mission of the Department is
‘‘(c) DURATION OF AVAILABILITY.—Amounts made to—
available to the Commission under this section shall (A) prevent terrorist attacks within the
remain available until the termination of the Commis- United States;
sion.’’ (B) reduce the vulnerability of the United
§ 102. Construction; severability States to terrorism;
(C) minimize the damage, and assist in the
Any provision of this chapter held to be in- recovery, from terrorist attacks that do
valid or unenforceable by its terms, or as ap- occur within the United States;
plied to any person or circumstance, shall be (D) carry out all functions of entities
construed so as to give it the maximum effect transferred to the Department, including by
permitted by law, unless such holding shall be acting as a focal point regarding natural and
one of utter invalidity or unenforceability, in manmade crises and emergency planning;
which event such provision shall be deemed sev- (E) ensure that the functions of the agen-
erable from this chapter and shall not affect the cies and subdivisions within the Department
that are not related directly to securing the Similar provisions were contained in the following
homeland are not diminished or neglected prior appropriation act:
except by a specific explicit Act of Congress; Pub. L. 108–334, title V, § 518, Oct. 18, 2004, 118 Stat.
1318.
(F) ensure that the overall economic secu-
rity of the United States is not diminished EX. ORD. NO. 13286. AMENDMENT OF EXECUTIVE ORDERS,
by efforts, activities, and programs aimed at AND OTHER ACTIONS, IN CONNECTION WITH THE TRANS-
securing the homeland; FER OF CERTAIN FUNCTIONS TO THE SECRETARY OF
(G) ensure that the civil rights and civil HOMELAND SECURITY
liberties of persons are not diminished by ef- Ex. Ord. No. 13286, Feb. 28, 2003, 68 F.R. 10619, pro-
forts, activities, and programs aimed at se- vided:
curing the homeland; and By the authority vested in me as President by the
Constitution and the laws of the United States of
(H) monitor connections between illegal
America, including the Homeland Security Act of 2002
drug trafficking and terrorism, coordinate (Public Law 107–296) [see Tables for classification] and
efforts to sever such connections, and other- section 301 of title 3, United States Code, and in order
wise contribute to efforts to interdict illegal to reflect the transfer of certain functions to, and other
drug trafficking. responsibilities vested in, the Secretary of Homeland
(2) Responsibility for investigating and pros- Security, the transfer of certain agencies and agency
ecuting terrorism components to the Department of Homeland Security,
and the delegation of appropriate responsibilities to
Except as specifically provided by law with the Secretary of Homeland Security, it is hereby or-
respect to entities transferred to the Depart- dered as follows:
ment under this chapter, primary responsi- SECTION 1. [Amended Ex. Ord. No. 13276, set out as a
bility for investigating and prosecuting acts of note under section 1182 of Title 8, Aliens and Nation-
terrorism shall be vested not in the Depart- ality.]
SEC. 2. [Amended Ex. Ord. No. 13274, set out as a note
ment, but rather in Federal, State, and local under section 301 of Title 49, Transportation.]
law enforcement agencies with jurisdiction SEC. 3. [Amended Ex. Ord. No. 13271, set out as a note
over the acts in question. under section 509 of Title 28, Judiciary and Judicial
Procedure.]
(Pub. L. 107–296, title I, § 101, Nov. 25, 2002, 116 SEC. 4. [Amended and revoked Ex. Ord. No. 13260, set
Stat. 2142; Pub. L. 108–458, title VIII, § 8302, Dec. out as a note under section 402 of Title 50, War and Na-
17, 2004, 118 Stat. 3867.) tional Defense.]
REFERENCES IN TEXT SEC. 5. [Amended Ex. Ord. No. 13257, set out as a note
under section 7103 of Title 22, Foreign Relations and
This chapter, referred to in subsec. (b)(2), was in the Intercourse.]
original ‘‘this Act’’, meaning Pub. L. 107–296, Nov. 25, SEC. 6. [Amended Ex. Ord. No. 13254, set out as a note
2002, 116 Stat. 2135, known as the Homeland Security under section 12501 of Title 42, The Public Health and
Act of 2002, which is classified principally to this chap- Welfare.]
ter. For complete classification of this Act to the Code, SEC. 7. [Amended Ex. Ord. No. 13231, set out as a note
see Short Title note set out under section 101 of this under section 121 of this title.]
title and Tables. SEC. 8. [Amended Ex. Ord. No. 13228, set out as a note
under section 402 of Title 50, War and National De-
AMENDMENTS
fense.]
2004—Subsec. (b)(1)(G), (H). Pub. L. 108–458 added sub- SEC. 9. [Amended Ex. Ord. No. 13223, set out as a note
par. (G) and redesignated former subpar. (G) as (H). under section 12302 of Title 10, Armed Forces.]
TRANSFER OF CERTAIN OPM AUTHORITY TO under section 13201 of Title 42, The Public Health and
DEPARTMENT OF HOMELAND SECURITY Welfare.]
Pub. L. 109–90, title V, § 516, Oct. 18, 2005, 119 Stat. SEC. 11. [Amended Ex. Ord. No. 13165, set out as a note
2084, provided that: ‘‘Notwithstanding any other provi- under section 1701 of Title 21, Food and Drugs.]
sion of law, the authority of the Office of Personnel SEC. 12. [Amended Ex. Ord. No. 13154.]
Management to conduct personnel security and suit- SEC. 13. [Amended Ex. Ord. No. 13133.]
ability background investigations, update investiga- SEC. 14. [Amended Ex. Ord. No. 13120, set out as a note
tions, and periodic reinvestigations of applicants for, or under section 12304 of Title 10, Armed Forces.]
appointees in, positions in the Office of the Secretary
under section 4321 of Title 42, The Public Health and
and Executive Management, the Office of the Under
Welfare.]
Secretary for Management, Analysis and Operations,
Immigration and Customs Enforcement, Directorate
under section 341 of Title 21, Food and Drugs.]
for Preparedness, and the Directorate of Science and SEC. 17. [Amended Ex. Ord. No. 13076, set out as a note
Technology of the Department of Homeland Security is under section 12304 of Title 10, Armed Forces.]
transferred to the Department of Homeland Security: SEC. 18. [Amended Ex. Ord. No. 13011, set out as a note
Provided, That on request of the Department of Home- under section 11101 of Title 40, Public Buildings, Prop-
land Security, the Office of Personnel Management erty, and Works.]
shall cooperate with and assist the Department in any SEC. 19. [Amended Ex. Ord. No. 12989, set out as a note
investigation or reinvestigation under this section: under section 1324a of Title 8, Aliens and Nationality.]
Provided further, That this section shall cease to be ef- SEC. 20. [Amended Ex. Ord. No. 12985, set out as a note
fective at such time as the President has selected a sin- preceding section 1121 of Title 10, Armed Forces.]
gle agency to conduct security clearance investigations SEC. 21. [Amended Ex. Ord. No. 12982, set out as a note
pursuant to section 3001(c) of the Intelligence Reform under section 12304 of Title 10, Armed Forces.]
and Terrorism Prevention Act of 2004 (Public Law SEC. 22. [Amended Ex. Ord. No. 12978, set out as a note
108–458; 50 U.S.C. 435b) and the entity selected under under section 1701 of Title 50, War and National De-
section 3001(b) of such Act has reported to Congress fense.]
that the agency selected pursuant to such section SEC. 23. [Amended Ex. Ord. No. 12977, set out as a note
3001(c) is capable of conducting all necessary investiga- under section 121 of Title 40, Public Buildings, Prop-
tions in a timely manner or has authorized the entities erty, and Works.]
within the Department of Homeland Security covered SEC. 24. [Amended Ex. Ord. No. 12919, set out as a note
by this section to conduct their own investigations pur- under section 2153 of Title 50, Appendix, War and Na-
suant to section 3001 of such Act.’’ tional Defense.]
SEC. 25. [Amended Ex. Ord. No. 12906, set out as a note SEC. 54. [Amended Ex. Ord. No. 12002, set out as a note
under section 1457 of Title 43, Public Lands.] under section 2403 of Title 50, Appendix, War and Na-
SEC. 26. [Amended Ex. Ord. No. 12870, set out as a note tional Defense.]
under section 4727 of Title 15, Commerce and Trade.] SEC. 55. [Amended Ex. Ord. No. 11965, set out as a note
SEC. 27. [Amended Ex. Ord. No. 12835, set out as a note preceding section 1121 of Title 10, Armed Forces.]
under section 1023 of Title 15, Commerce and Trade.] SEC. 56. [Amended Ex. Ord. No. 11926, set out as a note
SEC. 28. [Amended Ex. Ord. No. 12830, set out as a note preceding section 1121 of Title 10, Armed Forces.]
preceding section 1121 of Title 10, Armed Forces.] SEC. 57. [Amended Ex. Ord. No. 11858, set out as a note
SEC. 29. [Amended Ex. Ord. No. 12824, set out as a note under section 78b of Title 15, Commerce and Trade.]
under section 492 of Title 14, Coast Guard.] SEC. 58. [Amended Ex. Ord. No. 11800, formerly set out
SEC. 30. [Amended Ex. Ord. No. 12807, set out as a note as a note under section 301a of Title 37, Pay and Allow-
under section 1182 of Title 8, Aliens and Nationality.] ances of the Uniformed Services.]
preceding section 1121 of Title 10, Armed Forces.]
SEC. 32. [Amended Ex. Ord. No. 12789, set out as a note under section 475 of Title 14, Coast Guard.]
under section 1364 of Title 8, Aliens and Nationality.]
SEC. 33. [Amended Ex. Ord. No. 12788, set out as a note under section 460 of Title 50, Appendix, War and Na-
under section 2391 of Title 10, Armed Forces.] tional Defense.]
under section 1321 of Title 33, Navigation and Navigable preceding section 1121 of Title 10, Armed Forces.]
Waters.] SEC. 62. [Amended Ex. Ord. No. 11446, set out as a note
SEC. 35. [Amended Ex. Ord. No. 12743, formerly set out under section 7342 of Title 5, Government Organization
as a note under section 12302 of Title 10, Armed Forces.] and Employees.]
under section 82 of Title 50, War and National Defense.] under section 1124 of Title 10, Armed Forces.]
under section 12304 of Title 10, Armed Forces.] under section 12303 of Title 10, Armed Forces.]
under section 12305 of Title 10, Armed Forces.] under former section 1051 of Title 33, Navigation and
SEC. 39. [Amended Ex. Ord. No. 12727, set out as a note Navigable Waters.]
under section 12304 of Title 10, Armed Forces.] SEC. 66. [Amended Ex. Ord. No. 11231.]
under section 7704 of Title 42, The Public Health and under section 10149 of Title 10, Armed Forces.]
Welfare.] SEC. 68. [Amended Ex. Ord. No. 11139.]
under section 5195 of Title 42, The Public Health and under section 2603 of Title 10, Armed Forces.]
Welfare.] SEC. 70. [Amended Ex. Ord. No. 11046, set out as a note
SEC. 42. [(a) to (i) amended Ex. Ord. No. 12656, set out under section 3746 of Title 10, Armed Forces.]
as a note under section 5195 of Title 42, The Public SEC. 71. [Amended Ex. Ord. No. 11016.]
Health and Welfare.] SEC. 72. [Amended Ex. Ord. No. 10977.]
Without prejudice to subsections (a) through (i) of SEC. 73. [Amended Ex. Ord. No. 10789, set out as a note
this section, all responsibilities assigned to specific under section 1431 of Title 50, War and National De-
Federal officials pursuant to Executive Order 12656 that fense.]
are substantially the same as any responsibility as- SEC. 74. [Amended Ex. Ord. No. 10694.]
signed to, or function transferred to, the Secretary of SEC. 75. [Amended Ex. Ord. No. 10637, set out as a note
Homeland Security pursuant to the Homeland Security under section 301 of Title 3, The President.]
Act of 2002 (regardless of whether such responsibility or SEC. 76. [Amended Ex. Ord. No. 10631, set out as a note
function is expressly required to be carried out through under section 802 of Title 10, Armed Forces.]
another official of the Department of Homeland Secu- SEC. 77. [Amended Ex. Ord. No. 10554, set out as a note
rity or not pursuant to such Act), or intended or re- under section 772 of Title 10, Armed Forces.]
quired to be carried out by an agency or an agency SEC. 78. [Amended Ex. Ord. No. 10499.]
component transferred to the Department of Homeland SEC. 79. [Amended Ex. Ord. No. 10448.]
Security pursuant to such Act, are hereby reassigned SEC. 80. [Amended Ex. Ord. No. 10271, set out as a note
to the Secretary of Homeland Security. under section 471 of Title 50, Appendix, War and Na-
SEC. 43. [Amended Ex. Ord. No. 12580, set out as a note tional Defense.]
under section 9615 of Title 42, The Public Health and SEC. 81. [Amended Ex. Ord. No. 10179.]
Welfare.] SEC. 82. [Amended Ex. Ord. No. 10163.]
under section 2602 of Title 19, Customs Duties.] under section 418 of Title 37, Pay and Allowances of the
SEC. 45. [Amended Ex. Ord. No. 12501, set out as a note Uniformed Services.]
under section 4101 of Title 15, Commerce and Trade.] SEC. 84. [Amended Ex. Ord. No. 4601.]
SEC. 46. [Amended Ex. Ord. No. 12472, set out as a note SEC. 85. Designation as a Defense Agency of the United
under section 5195 of Title 42, The Public Health and States.
Welfare.] I hereby designate the Department of Homeland Se-
curity as a defense agency of the United States for the
under section 901 of Title 47, Telegraphs, Telephones,
purposes of chapter 17 of title 35 of the United States
and Radiotelegraphs.]
SEC. 48. [Amended Ex. Ord. No. 12341, set out as a note Code.
under section 1522 of Title 8, Aliens and Nationality.] SEC. 86. Exception from the Provisions of the Government
SEC. 49. [Amended Ex. Ord. No. 12208, set out as a note Employees Training Act.
under section 1157 of Title 8, Aliens and Nationality.] Those elements of the Department of Homeland Secu-
SEC. 50. [Amended Ex. Ord. No. 12188, set out as a note rity that are supervised by the Under Secretary of
under section 2171 of Title 19, Customs Duties.] Homeland Security for Information Analysis and Infra-
SEC. 51. [Amended Ex. Ord. No. 12160, set out as a note structure Protection through the Department’s Assist-
under section 3501 of Title 42, The Public Health and ant Secretary for Information Analysis are, pursuant
Welfare.] to section 4102(b)(1) of title 5, United States Code, and
SEC. 52. [Amended Ex. Ord. No. 12148, set out as a note in the public interest, excepted from the following pro-
under section 5195 of Title 42, The Public Health and visions of the Government Employees Training Act as
Welfare.] codified in title 5: sections 4103(a)(1), 4108, 4115, 4117,
SEC. 53. [Amended Ex. Ord. No. 12146, set out as a note and 4118, and that part of 4109(a) that provides ‘‘under
under section 509 of Title 28, Judiciary and Judicial the regulations prescribed under section 4118(a)(8) of
Procedures.] this title and’’.
SEC. 87. Functions of Certain Officials in the Coast tional Intelligence. Reference to the Director of Cen-
Guard. tral Intelligence or the Director of the Central Intel-
The Commandant and the Assistant Commandant for ligence Agency in the Director’s capacity as the head of
Intelligence of the Coast Guard each shall be consid- the Central Intelligence Agency deemed to be a ref-
ered a ‘‘Senior Official of the Intelligence Community’’ erence to the Director of the Central Intelligence Agen-
for purposes of Executive Order 12333 of December 4, cy. See section 1081(a) and (b) of Pub. L. 108–458, set out
1981 [50 U.S.C. 401 note], and all other relevant authori- as a note under section 401 of Title 50, War and Na-
ties. tional Defense.]
SEC. 88. Order of Succession.
Subject to the provisions of subsection (b) of this sec- EX. ORD. NO. 13362. DESIGNATION OF ADDITIONAL OFFI-
tion, the officers named in subsection (a) of this sec- CERS FOR THE DEPARTMENT OF HOMELAND SECURITY
tion, in the order listed, shall act as, and perform the ORDER OF SUCCESSION
functions and duties of, the office of Secretary of Ex. Ord. No. 13362, Nov. 29, 2004, 69 F.R. 70173, pro-
Homeland Security (‘‘Secretary’’) during any period in vided:
which the Secretary has died, resigned, or otherwise be- By the authority vested in me as President by the
come unable to perform the functions and duties of the Constitution and the laws of the United States of
office of Secretary. America and pursuant to the Federal Vacancies Reform
(a) Order of Succession. Act of 1998, 5 U.S.C. 3345 et seq., it is hereby ordered
(i) Deputy Secretary of Homeland Security; that:
(ii) Under Secretary for Border and Transportation SECTION 1. During any period when the Secretary of
Security; Homeland Security (Secretary), the Deputy Secretary
(iii) Under Secretary for Emergency Preparedness of Homeland Security, and the officers designated to
and Response; perform the functions and duties of the office of Sec-
(iv) Under Secretary for Information Analysis and retary by section 88 of Executive Order 13286 of Feb-
Infrastructure Protection; ruary 28, 2003 (‘‘Amendment of Executive Orders, and
(v) Under Secretary for Management; Other Actions, in Connection With the Transfer of Cer-
(vi) Under Secretary for Science and Technology; tain Functions to the Secretary of Homeland Secu-
(vii) General Counsel; and rity’’) [set out as a note above], have died, resigned, or
(viii) Assistant Secretaries in the Department in otherwise become unable to perform the functions and
the order of their date of appointment as such. duties of the office of Secretary, the following officers
(b) Exceptions.
of the Department of Homeland Security, in the order
(i) No individual who is serving in an office listed in
listed, shall perform the functions and duties of the of-
subsection (a) in an acting capacity shall act as Sec-
fice of Secretary, if they are eligible to act as Sec-
retary pursuant to this section.
retary under the provisions of the Federal Vacancies
(ii) Notwithstanding the provisions of this section,
Reform Act of 1998, until such time as at least one of
the President retains discretion, to the extent per-
the officers mentioned above is able to perform the
mitted by the Federal Vacancies Reform Act of 1998,
functions and duties of the office of Secretary:
5 U.S.C. 3345 et seq., to depart from this order in desig-
Director, Region V, Federal Emergency Management
nating an acting Secretary.
Agency;
SEC. 89. Savings Provision.
Director, Region VI, Federal Emergency Management
Except as otherwise specifically provided above or in
Agency;
Executive Order 13284 of January 23, 2003 (‘‘Amendment
Director, Region VII, Federal Emergency Manage-
of Executive Orders, and Other Actions, in Connection
ment Agency;
With the Establishment of the Department of Home-
Director, Region VIII, Federal Emergency Manage-
land Security’’) [6 U.S.C. 121 note], references in any
ment Agency; and
prior Executive Order relating to an agency or an agen-
Director, Region X, Federal Emergency Management
cy component that is transferred to the Department of
Agency.
Homeland Security (‘‘the Department’’), or relating to SEC. 2. Exceptions.
a function that is transferred to the Secretary of (a) No individual who is serving in an office listed in
Homeland Security, shall be deemed to refer, as appro- section 1 in an acting capacity, by virtue of so serving,
priate, to the Department or its officers, employees, shall act as Secretary pursuant to this order.
agents, organizational units, or functions. (b) Notwithstanding the provisions of this order, the
SEC. 90. Nothing in this order shall be construed to President retains discretion, to the extent permitted by
impair or otherwise affect the authority of the Sec- law, to depart from this order in designating an acting
retary of Defense with respect to the Department of Secretary.
Defense, including the chain of command for the armed
forces of the United States under section 162(b) of title GEORGE W. BUSH.
10, United States Code, and the authority of the Sec- § 112. Secretary; functions
retary of Defense with respect to the Department of
Defense under section 113(b) of that title. (a) Secretary
SEC. 91. Nothing in this order shall be construed to (1) In general
limit or restrict the authorities of the Central Intel-
ligence Agency and the Director of Central Intelligence There is a Secretary of Homeland Security,
pursuant to the National Security Act of 1947 [see appointed by the President, by and with the
Short Title note set out under 50 U.S.C. 401] and the advice and consent of the Senate.
CIA Act of 1949 [probably means the Central Intel- (2) Head of Department
ligence Agency Act of 1949, see Short Title note set out
under 50 U.S.C. 403a]. The Secretary is the head of the Department
SEC. 92. This order shall become effective on March 1, and shall have direction, authority, and con-
2003. trol over it.
SEC. 93. This order does not create any right or ben-
(3) Functions vested in Secretary
efit, substantive or procedural, enforceable at law or in
equity, against the United States, its departments, All functions of all officers, employees, and
agencies, or other entities, its officers or employees, or organizational units of the Department are
any other person. vested in the Secretary.
GEORGE W. BUSH. (b) Functions
[Reference to the Director of Central Intelligence or
the Director of the Central Intelligence Agency in the The Secretary—
Director’s capacity as the head of the intelligence com- (1) except as otherwise provided by this
munity deemed to be a reference to the Director of Na- chapter, may delegate any of the Secretary’s
functions to any officer, employee, or organi- (4) creating and managing private sector ad-
zational unit of the Department; visory councils composed of representatives of
(2) shall have the authority to make con- industries and associations designated by the
tracts, grants, and cooperative agreements, Secretary to—
and to enter into agreements with other exec- (A) advise the Secretary on private sector
utive agencies, as may be necessary and prop- products, applications, and solutions as they
er to carry out the Secretary’s responsibilities relate to homeland security challenges; and
under this chapter or otherwise provided by (B) advise the Secretary on homeland se-
law; and curity policies, regulations, processes, and
(3) shall take reasonable steps to ensure that actions that affect the participating indus-
information systems and databases of the De- tries and associations;
partment are compatible with each other and
(5) working with Federal laboratories, feder-
with appropriate databases of other Depart-
ally funded research and development centers,
ments.
other federally funded organizations, aca-
(c) Coordination with non-Federal entities demia, and the private sector to develop inno-
With respect to homeland security, the Sec- vative approaches to address homeland secu-
retary shall coordinate through the Office of rity challenges to produce and deploy the best
State and Local Coordination 1 (established available technologies for homeland security
under section 361 of this title) (including the missions;
provision of training and equipment) with State (6) promoting existing public-private part-
and local government personnel, agencies, and nerships and developing new public-private
authorities, with the private sector, and with partnerships to provide for collaboration and
other entities, including by— mutual support to address homeland security
(1) coordinating with State and local govern- challenges;
ment personnel, agencies, and authorities, and (7) assisting in the development and pro-
with the private sector, to ensure adequate motion of private sector best practices to se-
planning, equipment, training, and exercise cure critical infrastructure;
activities; (8) coordinating industry efforts, with re-
(2) coordinating and, as appropriate, consoli- spect to functions of the Department of Home-
dating, the Federal Government’s communica- land Security, to identify private sector re-
tions and systems of communications relating sources and capabilities that could be effective
to homeland security with State and local in supplementing Federal, State, and local
government personnel, agencies, and authori- government agency efforts to prevent or re-
ties, the private sector, other entities, and the spond to a terrorist attack;
public; and (9) coordinating with the Directorate of Bor-
(3) distributing or, as appropriate, coordi- der and Transportation Security and the As-
nating the distribution of, warnings and infor- sistant Secretary for Trade Development of
mation to State and local government per- the Department of Commerce on issues related
sonnel, agencies, and authorities and to the to the travel and tourism industries; and
public. (10) consulting with the Office of State and
(d) Meetings of National Security Council Local Government Coordination and Prepared-
The Secretary may, subject to the direction of ness on all matters of concern to the private
the President, attend and participate in meet- sector, including the tourism industry.
ings of the National Security Council. (g) Standards policy
(e) Issuance of regulations All standards activities of the Department
The issuance of regulations by the Secretary shall be conducted in accordance with section
shall be governed by the provisions of chapter 5 12(d) of the National Technology Transfer Ad-
of title 5, except as specifically provided in this vancement Act of 1995 (15 U.S.C. 272 note) and
chapter, in laws granting regulatory authorities Office of Management and Budget Circular
that are transferred by this chapter, and in laws A–119.
enacted after November 25, 2002. (Pub. L. 107–296, title I, § 102, Nov. 25, 2002, 116
(f) Special Assistant to the Secretary Stat. 2142; Pub. L. 108–458, title VII, § 7402, Dec.
The Secretary shall appoint a Special Assist- 17, 2004, 118 Stat. 3850.)
ant to the Secretary who shall be responsible REFERENCES IN TEXT
for— Section 12(d) of the National Technology Transfer
(1) creating and fostering strategic commu- Advancement Act of 1995, referred to in subsec. (g),
nications with the private sector to enhance probably means section 12(d) of the National Tech-
the primary mission of the Department to pro- nology Transfer and Advancement Act of 1995, which is
tect the American homeland; section 12(d) of Pub. L. 104–113, and which is set out as
(2) advising the Secretary on the impact of a note under section 272 of Title 15, Commerce and
the Department’s policies, regulations, proc- Trade.
esses, and actions on the private sector; AMENDMENTS
(3) interfacing with other relevant Federal
2004—Subsec. (f)(8) to (10). Pub. L. 108–458 added pars.
agencies with homeland security missions to (8) to (10).
assess the impact of these agencies’ actions on
the private sector; REQUIRED COORDINATION
Pub. L. 108–458, title VII, § 7405, Dec. 17, 2004, 118 Stat.
1 So in original. Probably should be ‘‘Office of State and Local 3851, provided that: ‘‘The Secretary of Homeland Secu-
Government Coordination’’. rity shall ensure that there is effective and ongoing co-
ordination of Federal efforts to prevent, prepare for, (e) Chief Financial Officer
and respond to acts of terrorism and other major disas-
ters and emergencies among the divisions of the De- There shall be in the Department a Chief Fi-
partment of Homeland Security, including the Direc- nancial Officer, as provided in chapter 9 of title
torate of Emergency Preparedness and Response and 31.
the Office for State and Local Government Coordina- (f) Performance of specific functions
tion and Preparedness.’’
Subject to the provisions of this chapter,
PROTECTIONS FOR HUMAN RESEARCH SUBJECTS OF THE every officer of the Department shall perform
DEPARTMENT OF HOMELAND SECURITY the functions specified by law for the official’s
Pub. L. 108–458, title VIII, § 8306, Dec. 17, 2004, 118 Stat. office or prescribed by the Secretary.
3869, provided that: ‘‘The Secretary of Homeland Secu-
rity shall ensure that the Department of Homeland Se- (Pub. L. 107–296, title I, § 103, Nov. 25, 2002, 116
curity complies with the protections for human re- Stat. 2144; Pub. L. 108–7, div. L, § 104(a), Feb. 20,
search subjects, as described in part 46 of title 45, Code 2003, 117 Stat. 529; Pub. L. 108–330, § 3(d)(1)(A),
of Federal Regulations, or in equivalent regulations as Oct. 16, 2004, 118 Stat. 1276; Pub. L. 108–458, title
promulgated by such Secretary, with respect to re- VII, § 7407(b), Dec. 17, 2004, 118 Stat. 3853.)
search that is conducted or supported by the Depart-
ment.’’ REFERENCES IN TEXT
The Inspector General Act of 1978, referred to in sub-
§ 113. Other officers sec. (b), is Pub. L. 95–452, Oct. 12, 1978, 92 Stat. 1101, as
(a) Deputy Secretary; Under Secretaries amended, which is set out in the Appendix to Title 5,
Government Organization and Employees.
There are the following officers, appointed by
the President, by and with the advice and con- AMENDMENTS
sent of the Senate: 2004—Subsec. (a)(8) to (10). Pub. L. 108–458 added par.
(1) A Deputy Secretary of Homeland Secu- (8) and redesignated former pars. (8) and (9) as (9) and
rity, who shall be the Secretary’s first assist- (10), respectively.
ant for purposes of subchapter III of chapter 33 Subsec. (d)(4), (5). Pub. L. 108–330, § 3(d)(1)(A)(i), redes-
of title 5. ignated par. (5) as (4) and struck out former par. (4)
which read as follows: ‘‘A Chief Financial Officer.’’
(2) An Under Secretary for Information Subsecs. (e), (f). Pub. L. 108–330, § 3(d)(1)(A)(ii), (iii),
Analysis and Infrastructure Protection. added subsec. (e) and redesignated former subsec. (e) as
(3) An Under Secretary for Science and (f).
Technology. 2003—Subsec. (b). Pub. L. 108–7 reenacted heading
(4) An Under Secretary for Border and without change and amended text generally. Prior to
Transportation Security. amendment, text read as follows: ‘‘There is an Inspec-
(5) An Under Secretary for Emergency Pre- tor General, who shall be appointed as provided in sec-
paredness and Response. tion 3(a) of the Inspector General Act of 1978.’’
(6) A Director of the Bureau of Citizenship § 114. Sensitive Security Information
and Immigration Services.
(7) An Under Secretary for Management. Using funds made available in this Act, the
(8) A Director of the Office of Counter- Secretary of Homeland Security shall provide
narcotics Enforcement. that each office within the Department that
(9) Not more than 12 Assistant Secretaries. handles documents marked as Sensitive Secu-
(10) A General Counsel, who shall be the rity Information (SSI) shall have at least one
chief legal officer of the Department. employee in that office with authority to co-
(b) Inspector General ordinate and make determinations on behalf of
the agency that such documents meet the cri-
There shall be in the Department an Office of teria for marking as SSI: Provided, That not
Inspector General and an Inspector General at later than December 31, 2005, the Secretary shall
the head of such office, as provided in the In- submit to the Committees on Appropriations of
spector General Act of 1978 (5 U.S.C. App.). the Senate and the House of Representatives: (1)
(c) Commandant of the Coast Guard Department-wide policies for designating, co-
To assist the Secretary in the performance of ordinating and marking documents as SSI; (2)
the Secretary’s functions, there is a Com- Department-wide auditing and accountability
mandant of the Coast Guard, who shall be ap- procedures for documents designated and
pointed as provided in section 44 of title 14 and marked as SSI; (3) the total number of SSI Coor-
who shall report directly to the Secretary. In dinators within the Department; and (4) the
addition to such duties as may be provided in total number of staff authorized to designate
this chapter and as assigned to the Commandant SSI documents within the Department: Provided
by the Secretary, the duties of the Commandant further, That not later than January 31, 2006, the
shall include those required by section 2 of title Secretary shall provide to the Committees on
14. Appropriations of the Senate and the House of
Representatives the title of all DHS documents
(d) Other officers that are designated as SSI in their entirety dur-
To assist the Secretary in the performance of ing the period October 1, 2005, through December
the Secretary’s functions, there are the fol- 31, 2005: Provided further, That not later than
lowing officers, appointed by the President: January 31 of each succeeding year, starting on
(1) A Director of the Secret Service. January 31, 2007, the Secretary shall provide an-
(2) A Chief Information Officer. nually a similar report to the Committees on
(3) A Chief Human Capital Officer. Appropriations of the Senate and the House of
(4) An Officer for Civil Rights and Civil Lib- Representatives on the titles of all DHS docu-
erties. ments that are designated as SSI in their en-
tirety during the period of January 1 through Secretary for Information Analysis and Infra-
December 31 for the preceding year: Provided fur- structure Protection in discharging the re-
ther, That the Secretary shall promulgate guid- sponsibilities of the Under Secretary under
ance that includes common but extensive exam- this section.
ples of SSI that further define the individual (c) Discharge of information analysis and infra-
categories of information cited under 49 CFR structure protection
1520(b)(1) through (16) and eliminates judgment
by covered persons in the application of the SSI The Secretary shall ensure that the respon-
marking: Provided further, That such guidance sibilities of the Department regarding informa-
shall serve as the primary basis and authority tion analysis and infrastructure protection are
for the marking of DHS information as SSI by carried out through the Under Secretary for In-
covered persons. formation Analysis and Infrastructure Protec-
tion.
(Pub. L. 109–90, title V, § 537, Oct. 18, 2005, 119 (d) Responsibilities of Under Secretary
Stat. 2088.)
Subject to the direction and control of the
REFERENCES IN TEXT Secretary, the responsibilities of the Under Sec-
This Act, referred to in text, is Pub. L. 109–90, Oct. 18, retary for Information Analysis and Infrastruc-
2005, 119 Stat. 2064, known as the Department of Home- ture Protection shall be as follows:
land Security Appropriations Act, 2006. For complete (1) To access, receive, and analyze law en-
classification of this Act to the Code, see Tables. forcement information, intelligence informa-
CODIFICATION tion, and other information from agencies of
the Federal Government, State and local gov-
Section was enacted as part of the Department of ernment agencies (including law enforcement
Homeland Security Appropriations Act, 2006, and not as
part of the Homeland Security Act of 2002 which com-
agencies), and private sector entities, and to
prises this chapter. integrate such information in order to—
(A) identify and assess the nature and
SUBCHAPTER II—INFORMATION ANALYSIS scope of terrorist threats to the homeland;
AND INFRASTRUCTURE PROTECTION (B) detect and identify threats of ter-
rorism against the United States; and
PART A—DIRECTORATE FOR INFORMATION ANAL- (C) understand such threats in light of ac-
YSIS AND INFRASTRUCTURE PROTECTION; AC- tual and potential vulnerabilities of the
CESS TO INFORMATION homeland.
§ 121. Directorate for Information Analysis and (2) To carry out comprehensive assessments
Infrastructure Protection of the vulnerabilities of the key resources and
critical infrastructure of the United States,
(a) Under Secretary of Homeland Security for In- including the performance of risk assessments
formation Analysis and Infrastructure Pro- to determine the risks posed by particular
tection types of terrorist attacks within the United
(1) In general States (including an assessment of the prob-
There shall be in the Department a Direc- ability of success of such attacks and the fea-
torate for Information Analysis and Infra- sibility and potential efficacy of various coun-
structure Protection headed by an Under Sec- termeasures to such attacks).
retary for Information Analysis and Infra- (3) To integrate relevant information, anal-
structure Protection, who shall be appointed yses, and vulnerability assessments (whether
by the President, by and with the advice and such information, analyses, or assessments are
consent of the Senate. provided or produced by the Department or
others) in order to identify priorities for pro-
(2) Responsibilities
tective and support measures by the Depart-
The Under Secretary shall assist the Sec- ment, other agencies of the Federal Govern-
retary in discharging the responsibilities as- ment, State and local government agencies
signed by the Secretary. and authorities, the private sector, and other
(b) Assistant Secretary for Information Analysis; entities.
Assistant Secretary for Infrastructure Pro- (4) To ensure, pursuant to section 122 of this
tection title, the timely and efficient access by the
(1) Assistant Secretary for Information Anal- Department to all information necessary to
ysis discharge the responsibilities under this sec-
tion, including obtaining such information
There shall be in the Department an Assist- from other agencies of the Federal Govern-
ant Secretary for Information Analysis, who ment.
shall be appointed by the President. (5) To develop a comprehensive national plan
(2) Assistant Secretary for Infrastructure Pro- for securing the key resources and critical in-
tection frastructure of the United States, including
There shall be in the Department an Assist- power production, generation, and distribution
ant Secretary for Infrastructure Protection, systems, information technology and tele-
who shall be appointed by the President. communications systems (including sat-
ellites), electronic financial and property
(3) Responsibilities record storage and transmission systems,
The Assistant Secretary for Information emergency preparedness communications sys-
Analysis and the Assistant Secretary for In- tems, and the physical and technological as-
frastructure Protection shall assist the Under sets that support such systems.
(6) To recommend measures necessary to (13) To request additional information from

protect the key resources and critical infra- other agencies of the Federal Government,
structure of the United States in coordination State and local government agencies, and the
with other agencies of the Federal Govern- private sector relating to threats of terrorism
ment and in cooperation with State and local in the United States, or relating to other areas
government agencies and authorities, the pri- of responsibility assigned by the Secretary, in-
vate sector, and other entities. cluding the entry into cooperative agreements
(7) To administer the Homeland Security through the Secretary to obtain such informa-
Advisory System, including— tion.
(A) exercising primary responsibility for (14) To establish and utilize, in conjunction
public advisories related to threats to home- with the chief information officer of the De-
land security; and partment, a secure communications and infor-
(B) in coordination with other agencies of mation technology infrastructure, including
the Federal Government, providing specific data-mining and other advanced analytical
warning information, and advice about ap- tools, in order to access, receive, and analyze
propriate protective measures and counter- data and information in furtherance of the re-
measures, to State and local government sponsibilities under this section, and to dis-
agencies and authorities, the private sector, seminate information acquired and analyzed
other entities, and the public. by the Department, as appropriate.
(8) To review, analyze, and make rec- (15) To ensure, in conjunction with the chief
ommendations for improvements in the poli- information officer of the Department, that
cies and procedures governing the sharing of any information databases and analytical
law enforcement information, intelligence in- tools developed or utilized by the Depart-
formation, intelligence-related information, ment—
and other information relating to homeland (A) are compatible with one another and
security within the Federal Government and with relevant information databases of other
between the Federal Government and State agencies of the Federal Government; and
(B) treat information in such databases in
and local government agencies and authori-
a manner that complies with applicable Fed-
ties.
(9) To disseminate, as appropriate, informa- eral law on privacy.
tion analyzed by the Department within the (16) To coordinate training and other sup-
Department, to other agencies of the Federal port to the elements and personnel of the De-
Government with responsibilities relating to partment, other agencies of the Federal Gov-
homeland security, and to agencies of State ernment, and State and local governments
and local governments and private sector enti- that provide information to the Department,
ties with such responsibilities in order to as- or are consumers of information provided by
sist in the deterrence, prevention, preemption the Department, in order to facilitate the
of, or response to, terrorist attacks against identification and sharing of information re-
the United States. vealed in their ordinary duties and the opti-
(10) To consult with the Director of Central mal utilization of information received from
Intelligence and other appropriate intel- the Department.
ligence, law enforcement, or other elements of (17) To coordinate with elements of the in-
the Federal Government to establish collec- telligence community and with Federal, State,
tion priorities and strategies for information, and local law enforcement agencies, and the
including law enforcement-related informa- private sector, as appropriate.
tion, relating to threats of terrorism against (18) To provide intelligence and information
the United States through such means as the analysis and support to other elements of the
representation of the Department in discus- Department.
sions regarding requirements and priorities in (19) To perform such other duties relating to
the collection of such information. such responsibilities as the Secretary may
(11) To consult with State and local govern- provide.
ments and private sector entities to ensure ap- (e) Staff
propriate exchanges of information, including (1) In general
law enforcement-related information, relating The Secretary shall provide the Directorate
to threats of terrorism against the United with a staff of analysts having appropriate ex-
States. pertise and experience to assist the Direc-
(12) To ensure that—
(A) any material received pursuant to this torate in discharging responsibilities under
chapter is protected from unauthorized dis- this section.
closure and handled and used only for the (2) Private sector analysts
performance of official duties; and Analysts under this subsection may include
(B) any intelligence information under analysts from the private sector.
this chapter is shared, retained, and dissemi- (3) Security clearances
nated consistent with the authority of the
Analysts under this subsection shall possess
Director of Central Intelligence to protect
security clearances appropriate for their work
intelligence sources and methods under the
under this section.
National Security Act of 1947 (50 U.S.C. 401
et seq.) and related procedures and, as appro- (f) Detail of personnel
priate, similar authorities of the Attorney (1) In general
General concerning sensitive law enforce- In order to assist the Directorate in dis-
ment information. charging responsibilities under this section,
personnel of the agencies referred to in para- The National Security Act of 1947, referred to in sub-
graph (2) may be detailed to the Department sec. (d)(12)(B), is act July 26, 1947, ch. 343, 61 Stat. 495,
for the performance of analytic functions and as amended. For complete classification of this Act to
the Code, see Short Title note set out under section 401
related duties.
of Title 50, War and National Defense, and Tables.
(2) Covered agencies
CODIFICATION
The agencies referred to in this paragraph
Section is comprised of section 201 of Pub. L. 107–296.
are as follows: Subsec. (h) of section 201 of Pub. L. 107–296 amended
(A) The Department of State. section 401a of Title 50, War and National Defense.
(B) The Central Intelligence Agency.
(C) The Federal Bureau of Investigation. AMENDMENTS
(D) The National Security Agency. 2003—Subsec. (f)(2)(E). Pub. L. 108–136 substituted
(E) The National Geospatial-Intelligence ‘‘National Geospatial-Intelligence Agency’’ for ‘‘Na-
Agency. tional Imagery and Mapping Agency’’.
(F) The Defense Intelligence Agency. CHANGE OF NAME
(G) Any other agency of the Federal Gov- Reference to the Director of Central Intelligence or
ernment that the President considers appro- the Director of the Central Intelligence Agency in the
priate. Director’s capacity as the head of the intelligence com-
(3) Cooperative agreements munity deemed to be a reference to the Director of Na-
tional Intelligence. Reference to the Director of Cen-
The Secretary and the head of the agency tral Intelligence or the Director of the Central Intel-
concerned may enter into cooperative agree- ligence Agency in the Director’s capacity as the head of
ments for the purpose of detailing personnel the Central Intelligence Agency deemed to be a ref-
under this subsection. erence to the Director of the Central Intelligence Agen-
(4) Basis cy. See section 1081(a), (b) of Pub. L. 108–458, set out as
a note under section 401 of Title 50, War and National
The detail of personnel under this subsection Defense.
may be on a reimbursable or non-reimbursable
EX. ORD. NO. 13231. CRITICAL INFRASTRUCTURE
basis. PROTECTION IN THE INFORMATION AGE
(g) Functions transferred
Ex. Ord. No. 13231, Oct. 16, 2001, 66 F.R. 53063, as
In accordance with subchapter XII of this amended by Ex. Ord. No. 13284, § 2, Jan. 23, 2003, 68 F.R.
chapter, there shall be transferred to the Sec- 4075; Ex. Ord. No. 13286, § 7, Feb. 28, 2003, 68 F.R. 10620;
retary, for assignment to the Under Secretary Ex. Ord. No. 13385, § 5, Sept. 29, 2005, 70 F.R. 57990, pro-
for Information Analysis and Infrastructure vided:
By the authority vested in me as President by the
Protection under this section, the functions, Constitution and the laws of the United States of
personnel, assets, and liabilities of the fol- America, and in order to ensure protection of informa-
lowing: tion systems for critical infrastructure, including
(1) The National Infrastructure Protection emergency preparedness communications and the phys-
Center of the Federal Bureau of Investigation ical assets that support such systems, in the informa-
(other than the Computer Investigations and tion age, it is hereby ordered as follows:
Operations Section), including the functions of SECTION 1. Policy. The information technology revolu-
tion has changed the way business is transacted, gov-
the Attorney General relating thereto. ernment operates, and national defense is conducted.
(2) The National Communications System of Those three functions now depend on an interdependent
the Department of Defense, including the network of critical information infrastructures. It is
functions of the Secretary of Defense relating the policy of the United States to protect against dis-
thereto. ruption of the operation of information systems for
(3) The Critical Infrastructure Assurance Of- critical infrastructure and thereby help to protect the
fice of the Department of Commerce, includ- people, economy, essential human and government
ing the functions of the Secretary of Com- services, and national security of the United States,
and to ensure that any disruptions that occur are infre-
merce relating thereto. quent, of minimal duration, and manageable, and cause
(4) The National Infrastructure Simulation the least damage possible. The implementation of this
and Analysis Center of the Department of En- policy shall include a voluntary public-private partner-
ergy and the energy security and assurance ship, involving corporate and nongovernmental organi-
program and activities of the Department, in- zations.
cluding the functions of the Secretary of En- SEC. 2. Continuing Authorities. This order does not
ergy relating thereto. alter the existing authorities or roles of United States
Government departments and agencies. Authorities set
(5) The Federal Computer Incident Response forth in 44 U.S.C. chapter 35, and other applicable law,
Center of the General Services Administra- provide senior officials with responsibility for the secu-
tion, including the functions of the Adminis- rity of Federal Government information systems.
trator of General Services relating thereto. (a) Executive Branch Information Systems Security.
The Director of the Office of Management and Budget
(Pub. L. 107–296, title II, § 201, Nov. 25, 2002, 116 (OMB) has the responsibility to develop and oversee the
Stat. 2145; Pub. L. 108–136, div. A, title IX, implementation of government-wide policies, prin-
§ 921(g), Nov. 24, 2003, 117 Stat. 1570.) ciples, standards, and guidelines for the security of in-
REFERENCES IN TEXT formation systems that support the executive branch
departments and agencies, except those noted in sec-
This chapter, referred to in subsec. (d)(12), was in the tion 2(b) of this order. The Director of OMB shall advise
original ‘‘this Act’’, meaning Pub. L. 107–296, Nov. 25, the President and the appropriate department or agen-
2002, 116 Stat. 2135, known as the Homeland Security cy head when there is a critical deficiency in the secu-
Act of 2002, which is classified principally to this chap- rity practices within the purview of this section in an
ter. For complete classification of this Act to the Code, executive branch department or agency.
see Short Title note set out under section 101 of this (b) National Security Information Systems. The Sec-
title and Tables. retary of Defense and the Director of Central Intel-
ligence (DCI) shall have responsibility to oversee, de- Homeland Security on how these organizations can
velop, and ensure implementation of policies, prin- best foster improved cooperation among the sectors,
ciples, standards, and guidelines for the security of in- the Department of Homeland Security, and other
formation systems that support the operations under Federal Government entities;
their respective control. In consultation with the As- (iv) report to the President through the Secretary
sistant to the President for National Security Affairs of Homeland Security, who shall ensure appropriate
and the affected departments and agencies, the Sec- coordination with the Assistant to the President for
retary of Defense and the DCI shall develop policies, Homeland Security and Counterterrorism, the Assist-
principles, standards, and guidelines for the security of ant to the President for Economic Policy, and the As-
national security information systems that support the sistant to the President for National Security Affairs
operations of other executive branch departments and under the terms of this order; and
agencies with national security information. (v) advise sector specific agencies with critical in-
(i) Policies, principles, standards, and guidelines de- frastructure responsibilities to include issues per-
veloped under this subsection may require more taining to sector and government coordinating coun-
stringent protection than those developed in accord- cils and their information sharing mechanisms.
ance with section 2(a) of this order. (c) Administration of the NIAC.
(ii) The Assistant to the President for National Se- (i) The NIAC may hold hearings, conduct inquiries,
curity Affairs shall advise the President and the ap- and establish subcommittees, as appropriate.
propriate department or agency when there is a crit- (ii) Upon request of the Chair, and to the extent
ical deficiency in the security practices of a depart- permitted by law, the heads of the executive depart-
ment or agency within the purview of this section. ments and agencies shall provide the NIAC with in-
(iii) National Security Systems. The National Secu- formation and advice relating to its functions.
rity Telecommunications and Information Systems (iii) Senior Federal Government officials may par-
Security Committee, as established by and consistent ticipate in the meetings of the NIAC, as appropriate.
with NSD–42 and chaired by the Department of De- (iv) Members shall serve without compensation for
fense, shall be designated as the ‘‘Committee on Na- their work on the NIAC. However, members may be
tional Security Systems.’’ reimbursed for travel expenses, including per diem in
(c) Additional Responsibilities. The heads of execu- lieu of subsistence, as authorized by law for persons
tive branch departments and agencies are responsible serving intermittently in Federal Government serv-
and accountable for providing and maintaining ade- ice (5 U.S.C. 5701–5707).
quate levels of security for information systems, in- (v) To the extent permitted by law and subject to
cluding emergency preparedness communications sys- the availability of appropriations, the Department of
tems, for programs under their control. Heads of such Homeland Security shall provide the NIAC with ad-
departments and agencies shall ensure the development ministrative services, staff, and other support serv-
and, within available appropriations, funding of pro- ices, and such funds as may be necessary for the per-
grams that adequately address these mission systems, formance of the NIAC’s functions.
especially those critical systems that support the na- SEC. 4. Judicial Review. This order does not create any
tional security and other essential government pro- right or benefit, substantive or procedural, enforceable
grams. Additionally, security should enable, and not at law or in equity, against the United States, its de-
unnecessarily impede, department and agency business partments, agencies, or other entities, its officers or
operations. employees, or any other person.
SEC. 3. The National Infrastructure Advisory Council.
GEORGE W. BUSH.
The National Infrastructure Advisory Council (NIAC),
established on October 16, 2001, shall provide the Presi- EXTENSION OF TERM OF NATIONAL INFRASTRUCTURE
dent through the Secretary of Homeland Security with ADVISORY COUNCIL
advice on the security of the critical infrastructure
sectors and their information systems. Term of the National Infrastructure Advisory Council
(a) Membership. The NIAC shall be composed of not extended until Sept. 30, 2005, by Ex. Ord. No. 13316,
more than 30 members appointed by the President, tak- Sept. 17, 2003, 68 F.R. 55255, formerly set out as a note
ing appropriate account of the benefits of having mem- under section 14 of the Federal Advisory Committee
bers (i) from the private sector, including but not lim- Act in the Appendix to Title 5, Government Organiza-
ited to banking and finance, transportation, energy, tions and Employees.
communications, and emergency services organizations Term of the National Infrastructure Advisory Council
and institutions of higher learning, and State, local, extended until Sept. 30, 2007, by Ex. Ord. No. 13385,
and tribal governments, (ii) with senior leadership re- Sept. 29, 2005, 70 F.R. 57989, set out as a note under sec-
sponsibilities for the reliability and availability, which tion 14 of the Federal Advisory Committee Act in the
include security, of the critical infrastructure and key Appendix to Title 5.
resource sectors, (iii) with expertise relevant to the EX. ORD. NO. 13284. AMENDMENT OF EXECUTIVE ORDERS,
functions of the NIAC, and (iv) with experience equiva- AND OTHER ACTIONS, IN CONNECTION WITH THE ESTAB-
lent to that of a chief executive of an organization. Un- LISHMENT OF THE DEPARTMENT OF HOMELAND SECURITY
less otherwise determined by the President, no full-
time officer or employee of the executive branch shall Ex. Ord. No. 13284, Jan. 23, 2003, 68 F.R. 4075, provided:
be appointed to serve as a member of the NIAC. The By the authority vested in me as President by the
President shall designate from among the members of Constitution and the laws of the United States of
the NIAC a Chair and a Vice Chair, who shall perform America, including the Homeland Security Act of 2002
the functions of the Chair if the Chair is absent, dis- (Public Law 107–296) [see Tables for classification], and
abled, or in the instance of a vacancy in the Chair. the National Security Act of 1947, as amended (50
(b) Functions of the NIAC. The NIAC shall meet peri- U.S.C. 401 et seq.), and in order to reflect responsibil-
odically to: ities vested in the Secretary of Homeland Security and
(i) enhance the partnership of the public and pri- take other actions in connection with the establish-
vate sectors in protecting critical infrastructures and ment of the Department of Homeland Security, it is
their information systems and provide reports on this hereby ordered as follows:
issue to the President through the Secretary of SECTION 1. [Amended Ex. Ord. No. 13234.]
Homeland Security, as appropriate; SEC. 2. [Amended Ex. Ord. No. 13231, set out above.]
(ii) propose and develop ways to encourage private SEC. 3. Executive Order 13228 of October 8, 2001 (‘‘Es-
industry to perform periodic risk assessments; tablishing the Office of Homeland Security and the
(iii) monitor the development and operations of pri- Homeland Security Council’’) [50 U.S.C. 402 note], is
vate sector coordinating councils and their informa- amended by inserting ‘‘the Secretary of Homeland Se-
tion sharing mechanisms and provide recommenda- curity,’’ after ‘‘the Secretary of Transportation,’’ in
tions to the President through the Secretary of section 5(b). Further, during the period from January
24, 2003, until March 1, 2003, the Secretary of Homeland (d) ensure all clearance and access determinations for
Security shall have the responsibility for coordinating those in the private sector with whom employees of the
the domestic response efforts otherwise assigned to the Department of Homeland Security may seek to inter-
Assistant to the President for Homeland Security pur- act in the discharge of their homeland security-related
suant to section 3(g) of Executive Order 13228. responsibilities are made in accordance with Executive
SEC. 4. [Amended Ex. Ord. No. 13224, set out as a note Order 12829 of January 6, 1993 [50 U.S.C. 435 note].
under section 1701 of Title 50, War and National De- SEC. 20. Pursuant to the provisions of section 1.4 of
fense.] Executive Order 12958 of April 17, 1995 (‘‘Classified Na-
SEC. 5. [Amended Ex. Ord. No. 13151, set out as a note tional Security Information’’) [50 U.S.C. 435 note], I
under section 5195 of Title 42, The Public Health and hereby authorize the Secretary of Homeland Security
Welfare.] to classify information originally as ‘‘Top Secret.’’ Any
SEC. 6. [Amended Ex. Ord. No. 13122, set out as a note delegation of this authority shall be in accordance with
under section 3121 of Title 42, The Public Health and section 1.4 of that order or any successor Executive Or-
Welfare.] ders.
SEC. 7. [Amended Ex. Ord. No. 13048, set out as a note SEC. 21. This order shall become effective on January
under section 501 of Title 31, Money and Finance.] 24, 2003.
SEC. 8. [Amended Ex. Ord. No. 12992, set out as a note SEC. 22. This order does not create any right or ben-
under section 1708 of Title 21, Food and Drugs.] efit, substantive or procedural, enforceable at law or
SEC. 9. [Amended Ex. Ord. No. 12881, set out as a note equity, against the United States, its departments,
under section 6601 of Title 42, The Public Health and agencies, or other entities, its officers or employees, or
Welfare.] any other person.
preceding section 101 of Title 3, The President.] GEORGE W. BUSH.
§ 122. Access to information
under former section 1201 of Title 21, Food and Drugs.]
SEC. 12. [Amended Ex. Ord. No. 12260, set out as a note (a) In general
under section 2511 of Title 19, Customs Duties.] (1) Threat and vulnerability information
under section 2751 of Title 22, Foreign Relations and Except as otherwise directed by the Presi-
Intercourse.] dent, the Secretary shall have such access as
SEC. 14. [Amended Ex. Ord. No. 11423, set out as a note the Secretary considers necessary to all infor-
under section 301 of Title 3, The President.] mation, including reports, assessments, anal-
under section 435 of Title 50, War and National De-
yses, and unevaluated intelligence relating to
fense.] threats of terrorism against the United States
SEC. 16. [Amended Ex. Ord. No. 13011, set out as a note and to other areas of responsibility assigned
under section 11101 of Title 40, Public Buildings, Prop- by the Secretary, and to all information con-
erty, and Works.] cerning infrastructure or other vulnerabilities
SEC. 17. Those elements of the Department of Home- of the United States to terrorism, whether or
land Security that are supervised by the Department’s
not such information has been analyzed, that
Under Secretary for Information Analysis and Infra-
structure Protection through the Department’s Assist- may be collected, possessed, or prepared by
ant Secretary for Information Analysis, with the excep- any agency of the Federal Government.
tion of those functions that involve no analysis of for- (2) Other information
eign intelligence information, are designated as ele-
The Secretary shall also have access to
ments of the Intelligence Community under section
201(h) of the Homeland Security Act of 2002 [Pub. L. other information relating to matters under
107–296, amending 50 U.S.C. 401a] and section 3(4) of the the responsibility of the Secretary that may
National Security Act of 1947, as amended (50 U.S.C. be collected, possessed, or prepared by an
401a[(4)]). agency of the Federal Government as the
SEC. 18. [Amended Ex. Ord. No. 12333, set out as a note President may further provide.
under section 401 of title 50, War and National Defense.]
SEC. 19. Functions of Certain Officials in the Department
(b) Manner of access
of Homeland Security. Except as otherwise directed by the President,
The Secretary of Homeland Security, the Deputy Sec- with respect to information to which the Sec-
retary of Homeland Security, the Under Secretary for retary has access pursuant to this section—
Information Analysis and Infrastructure Protection, (1) the Secretary may obtain such material
Department of Homeland Security, and the Assistant
upon request, and may enter into cooperative
Secretary for Information Analysis, Department of
Homeland Security, each shall be considered a ‘‘Senior arrangements with other executive agencies to
Official of the Intelligence Community’’ for purposes of provide such material or provide Department
Executive Order 12333 [50 U.S.C. 401 note], and all other officials with access to it on a regular or rou-
relevant authorities, and shall: tine basis, including requests or arrangements
(a) recognize and give effect to all current clearances involving broad categories of material, access
for access to classified information held by those who to electronic databases, or both; and
become employees of the Department of Homeland Se- (2) regardless of whether the Secretary has
curity by operation of law pursuant to the Homeland
made any request or entered into any coopera-
Security Act of 2002 or by Presidential appointment;
(b) recognize and give effect to all current clearances tive arrangement pursuant to paragraph (1),
for access to classified information held by those in the all agencies of the Federal Government shall
private sector with whom employees of the Department promptly provide to the Secretary—
of Homeland Security may seek to interact in the dis- (A) all reports (including information re-
charge of their homeland security-related responsibil- ports containing intelligence which has not
ities; been fully evaluated), assessments, and ana-
(c) make all clearance and access determinations pur-
lytical information relating to threats of
suant to Executive Order 12968 of August 2, 1995 [50
U.S.C. 435 note], or any successor Executive Order, as terrorism against the United States and to
to employees of, and applicants for employment in, the other areas of responsibility assigned by the
Department of Homeland Security who do not then Secretary;
hold a current clearance for access to classified infor- (B) all information concerning the vulner-
mation; and ability of the infrastructure of the United
States, or other vulnerabilities of the United Federal Sentencing Guidelines Relating to Specific Of-
States, to terrorism, whether or not such in- fenses table set out under section 994 of Title 28, Judici-
formation has been analyzed; ary and Judicial Procedure. For complete classification
of title II to the Code, see Tables.
(C) all other information relating to sig-
nificant and credible threats of terrorism CHANGE OF NAME
against the United States, whether or not Reference to the Director of Central Intelligence or
such information has been analyzed; and the Director of the Central Intelligence Agency in the
(D) such other information or material as Director’s capacity as the head of the intelligence com-
the President may direct. munity deemed to be a reference to the Director of Na-
(c) Treatment under certain laws
tral Intelligence or the Director of the Central Intel-
The Secretary shall be deemed to be a Federal ligence Agency in the Director’s capacity as the head of
law enforcement, intelligence, protective, na- the Central Intelligence Agency deemed to be a ref-
tional defense, immigration, or national secu- erence to the Director of the Central Intelligence Agen-
rity official, and shall be provided with all infor- cy. See section 1081(a), (b) of Pub. L. 108–458, set out as
a note under section 401 of Title 50, War and National
mation from law enforcement agencies that is
Defense.
required to be given to the Director of Central
Intelligence, under any provision of the fol- § 123. Terrorist travel program
lowing:
(1) The USA PATRIOT Act of 2001 (Public The Secretary of Homeland Security, in con-
Law 107–56). sultation with the Director of the National
(2) Section 2517(6) of title 18. Counterterrorism Center, and consistent with
(3) Rule 6(e)(3)(C) of the Federal Rules of the strategy developed under section 7201,1 shall
Criminal Procedure. establish a program to oversee the implementa-
tion of the Department’s responsibilities with
(d) Access to intelligence and other information respect to terrorist travel, including the anal-
(1) Access by elements of Federal Government ysis, coordination, and dissemination of ter-
Nothing in this subchapter shall preclude rorist travel intelligence and operational infor-
any element of the intelligence community (as mation—
that term is defined in section 401a(4) of title (1) among appropriate subdivisions of the
50,1 or any other element of the Federal Gov- Department of Homeland Security, includ-
ernment with responsibility for analyzing ter- ing—
rorist threat information, from receiving any (A) the Bureau of Customs and Border Pro-
intelligence or other information relating to tection;
terrorism. (B) United States Immigration and Cus-
(2) Sharing of information toms Enforcement;
(C) United States Citizenship and Immi-
The Secretary, in consultation with the Di- gration Services;
rector of Central Intelligence, shall work to (D) the Transportation Security Adminis-
ensure that intelligence or other information tration; and
relating to terrorism to which the Department (E) any other subdivision, as determined
has access is appropriately shared with the by the Secretary; and
elements of the Federal Government referred
to in paragraph (1), as well as with State and (2) between the Department of Homeland Se-
local governments, as appropriate. curity and other appropriate Federal agencies.
(Pub. L. 107–296, title II, § 202, Nov. 25, 2002, 116 (Pub. L. 108–458, title VII, § 7215, Dec. 17, 2004, 118
Stat. 2149.) Stat. 3832.)
REFERENCES IN TEXT
REFERENCES IN TEXT
Section 7201, referred to in introductory provisions, is
The USA PATRIOT Act of 2001, referred to in subsec.
section 7201 of Pub. L. 108–458, title VII, Dec. 17, 2004,
(c)(1), is Pub. L. 107–56, Oct. 26, 2001, 115 Stat. 272, as
118 Stat. 3808, which enacted section 1776 of Title 8,
amended, known as the Uniting and Strengthening
Aliens and Nationality, and enacted provisions set out
America by Providing Appropriate Tools Required to
as notes under section 1776 of Title 8 and sections 403–1
Intercept and Obstruct Terrorism (USA PATRIOT ACT)
and 404o of Title 50, War and National Defense.
Act of 2001. For complete classification of this Act to
the Code, see Short Title of 2001 Amendment note set CODIFICATION
out under section 1 of Title 18, Crimes and Criminal
Section was enacted as part of the Intelligence Re-
Procedure, and Tables.
form and Terrorism Prevention Act of 2004, and also as
The Federal Rules of Criminal Procedure, referred to
part of the 9/11 Commission Implementation Act of
in subsec. (c)(3), are set out in the Appendix to Title 18,
2004, and not as part of the Homeland Security Act of
Crimes and Criminal Procedure.
2002 which comprises this chapter.
This subchapter, referred to in subsec. (d)(1), was in
the original ‘‘this title’’, meaning title II of Pub. L. PART B—CRITICAL INFRASTRUCTURE
107–296, Nov. 25, 2002, 116 Stat. 2145, which enacted this
INFORMATION
subchapter, amended sections 1030, 2511, 2512, 2520, 2701
to 2703, and 3125 of Title 18, Crimes and Criminal Proce- § 131. Definitions
dure, sections 3712 and 3722 of Title 42, The Public
Health and Welfare, and section 401a of Title 50, War In this part:
and National Defense, and enacted provisions set out as (1) Agency
a note under section 101 of this title and listed in a Pro-
visions for Review, Promulgation, or Amendment of The term ‘‘agency’’ has the meaning given it
in section 551 of title 5.
1 So in original. There probably should be a closing parenthesis
after ‘‘50’’. 1 See References in Text note below.

(2) Covered Federal agency (6) Protected system

The term ‘‘covered Federal agency’’ means The term ‘‘protected system’’—
the Department of Homeland Security. (A) means any service, physical or com-
(3) Critical infrastructure information puter-based system, process, or procedure
The term ‘‘critical infrastructure informa- that directly or indirectly affects the viabil-
tion’’ means information not customarily in ity of a facility of critical infrastructure;
the public domain and related to the security and
of critical infrastructure or protected sys- (B) includes any physical or computer-
tems— based system, including a computer, com-
(A) actual, potential, or threatened inter- puter system, computer or communications
ference with, attack on, compromise of, or network, or any component hardware or ele-
incapacitation of critical infrastructure or ment thereof, software program, processing
protected systems by either physical or com- instructions, or information or data in
puter-based attack or other similar conduct transmission or storage therein, irrespective
(including the misuse of or unauthorized ac- of the medium of transmission or storage.
cess to all types of communications and data (7) Voluntary
transmission systems) that violates Federal, (A) In general
State, or local law, harms interstate com-
merce of the United States, or threatens The term ‘‘voluntary’’, in the case of any
public health or safety; submittal of critical infrastructure informa-
(B) the ability of any critical infrastruc- tion to a covered Federal agency, means the
ture or protected system to resist such in- submittal thereof in the absence of such
terference, compromise, or incapacitation, agency’s exercise of legal authority to com-
including any planned or past assessment, pel access to or submission of such informa-
projection, or estimate of the vulnerability tion and may be accomplished by a single
of critical infrastructure or a protected sys- entity or an Information Sharing and Anal-
tem, including security testing, risk evalua- ysis Organization on behalf of itself or its
tion thereto, risk management planning, or members.
risk audit; or (B) Exclusions
(C) any planned or past operational prob-
The term ‘‘voluntary’’—
lem or solution regarding critical infrastruc-
(i) in the case of any action brought
ture or protected systems, including repair,
under the securities laws as is defined in
recovery, reconstruction, insurance, or con-
section 78c(a)(47) of title 15—
tinuity, to the extent it is related to such in-
(I) does not include information or
terference, compromise, or incapacitation.
statements contained in any documents
(4) Critical infrastructure protection program or materials filed with the Securities
The term ‘‘critical infrastructure protection and Exchange Commission, or with Fed-
program’’ means any component or bureau of eral banking regulators, pursuant to sec-
a covered Federal agency that has been des- tion 78l(i) of title 15; and
ignated by the President or any agency head (II) with respect to the submittal of
to receive critical infrastructure information. critical infrastructure information, does
(5) Information Sharing and Analysis Organi- not include any disclosure or writing
zation that when made accompanied the solici-
The term ‘‘Information Sharing and Anal- tation of an offer or a sale of securities;
ysis Organization’’ means any formal or infor- and
mal entity or collaboration created or em- (ii) does not include information or
ployed by public or private sector organiza- statements submitted or relied upon as a
tions, for purposes of— basis for making licensing or permitting
(A) gathering and analyzing critical infra- determinations, or during regulatory pro-
structure information in order to better un- ceedings.
derstand security problems and interdepend-
(Pub. L. 107–296, title II, § 212, Nov. 25, 2002, 116
encies related to critical infrastructure and
Stat. 2150.)
protected systems, so as to ensure the avail-
ability, integrity, and reliability thereof; SHORT TITLE
(B) communicating or disclosing critical
For short title of this part as the ‘‘Critical Infra-
infrastructure information to help prevent, structure Information Act of 2002’’, see section 211 of
detect, mitigate, or recover from the effects Pub. L. 107–296, set out as a note under section 101 of
of a 1 interference, compromise, or a 2 inca- this title.
pacitation problem related to critical infra-
structure or protected systems; and § 132. Designation of critical infrastructure pro-
(C) voluntarily disseminating critical in- tection program
frastructure information to its members,
State, local, and Federal Governments, or A critical infrastructure protection program
any other entities that may be of assistance may be designated as such by one of the fol-
in carrying out the purposes specified in sub- lowing:
paragraphs (A) and (B). (1) The President.
(2) The Secretary of Homeland Security.
1 So in original. Probably should be ‘‘an’’. (Pub. L. 107–296, title II, § 213, Nov. 25, 2002, 116
2 So in original. The word ‘‘a’’ probably should not appear. Stat. 2152.)
§ 133. Protection of voluntarily shared critical in- (2) Express statement

frastructure information For purposes of paragraph (1), the term ‘‘ex-
(a) Protection press statement’’, with respect to information
(1) In general or records, means—
Notwithstanding any other provision of law, (A) in the case of written information or
critical infrastructure information (including records, a written marking on the informa-
the identity of the submitting person or enti- tion or records substantially similar to the
ty) that is voluntarily submitted to a covered following: ‘‘This information is voluntarily
Federal agency for use by that agency regard- submitted to the Federal Government in ex-
ing the security of critical infrastructure and pectation of protection from disclosure as
protected systems, analysis, warning, inter- provided by the provisions of the Critical In-
dependency study, recovery, reconstitution, or frastructure Information Act of 2002.’’; or
other informational purpose, when accom- (B) in the case of oral information, a simi-
panied by an express statement specified in lar written statement submitted within a
paragraph (2)— reasonable period following the oral commu-
(A) shall be exempt from disclosure under nication.
section 552 of title 5 (commonly referred to (b) Limitation
as the Freedom of Information Act); No communication of critical infrastructure
(B) shall not be subject to any agency
information to a covered Federal agency made
rules or judicial doctrine regarding ex parte
pursuant to this part shall be considered to be
communications with a decision making of-
an action subject to the requirements of the
ficial;
Federal Advisory Committee Act.
(C) shall not, without the written consent
of the person or entity submitting such in- (c) Independently obtained information
formation, be used directly by such agency, Nothing in this section shall be construed to
any other Federal, State, or local authority, limit or otherwise affect the ability of a State,
or any third party, in any civil action aris- local, or Federal Government entity, agency, or
ing under Federal or State law if such infor- authority, or any third party, under applicable
mation is submitted in good faith; law, to obtain critical infrastructure informa-
(D) shall not, without the written consent tion in a manner not covered by subsection (a)
of the person or entity submitting such in- of this section, including any information law-
formation, be used or disclosed by any offi- fully and properly disclosed generally or broadly
cer or employee of the United States for pur- to the public and to use such information in any
poses other than the purposes of this part, manner permitted by law.
except—
(i) in furtherance of an investigation or (d) Treatment of voluntary submittal of informa-
the prosecution of a criminal act; or tion
(ii) when disclosure of the information The voluntary submittal to the Government of
would be— information or records that are protected from
(I) to either House of Congress, or to disclosure by this part shall not be construed to
the extent of matter within its jurisdic- constitute compliance with any requirement to
tion, any committee or subcommittee submit such information to a Federal agency
thereof, any joint committee thereof or under any other provision of law.
subcommittee of any such joint com- (e) Procedures
mittee; or
(II) to the Comptroller General, or any (1) In general
authorized representative of the Comp- The Secretary of the Department of Home-
troller General, in the course of the per- land Security shall, in consultation with ap-
formance of the duties of the Govern- propriate representatives of the National Se-
ment Accountability Office.1 curity Council and the Office of Science and
(E) shall not, if provided to a State or Technology Policy, establish uniform proce-
local government or government agency— dures for the receipt, care, and storage by Fed-
(i) be made available pursuant to any eral agencies of critical infrastructure infor-
State or local law requiring disclosure of mation that is voluntarily submitted to the
information or records; Government. The procedures shall be estab-
(ii) otherwise be disclosed or distributed lished not later than 90 days after November
to any party by said State or local govern- 25, 2002.
ment or government agency without the (2) Elements
written consent of the person or entity The procedures established under paragraph
submitting such information; or (1) shall include mechanisms regarding—
(iii) be used other than for the purpose of
(A) the acknowledgement of receipt by
protecting critical infrastructure or pro-
Federal agencies of critical infrastructure
tected systems, or in furtherance of an in-
information that is voluntarily submitted to
vestigation or the prosecution of a crimi-
the Government;
nal act; and
(B) the maintenance of the identification
(F) does not constitute a waiver of any ap- of such information as voluntarily sub-
plicable privilege or protection provided mitted to the Government for purposes of
under law, such as trade secret protection. and subject to the provisions of this part;
(C) the care and storage of such informa-
1 So in original. The period probably should be a semicolon. tion; and
(D) the protection and maintenance of the AMENDMENTS

confidentiality of such information so as to 2004—Subsec. (a)(1)(D)(ii)(II). Pub. L. 108–271 sub-
permit the sharing of such information with- stituted ‘‘Government Accountability Office’’ for ‘‘Gen-
in the Federal Government and with State eral Accounting Office’’.
and local governments, and the issuance of
§ 134. No private right of action
notices and warnings related to the protec-
tion of critical infrastructure and protected Nothing in this part may be construed to cre-
systems, in such manner as to protect from ate a private right of action for enforcement of
public disclosure the identity of the submit- any provision of this chapter.
ting person or entity, or information that is
(Pub. L. 107–296, title II, § 215, Nov. 25, 2002, 116
proprietary, business sensitive, relates spe-
Stat. 2155.)
cifically to the submitting person or entity,
and is otherwise not appropriately in the PART C—INFORMATION SECURITY
public domain.
§ 141. Procedures for sharing information
(f) Penalties
Whoever, being an officer or employee of the The Secretary shall establish procedures on
United States or of any department or agency the use of information shared under this sub-
thereof, knowingly publishes, divulges, dis- chapter that—
closes, or makes known in any manner or to any (1) limit the redissemination of such infor-
extent not authorized by law, any critical infra- mation to ensure that it is not used for an un-
structure information protected from disclosure authorized purpose;
by this part coming to him in the course of this (2) ensure the security and confidentiality of
employment or official duties or by reason of such information;
(3) protect the constitutional and statutory
any examination or investigation made by, or
rights of any individuals who are subjects of
return, report, or record made to or filed with,
such information; and
such department or agency or officer or em-
(4) provide data integrity through the timely
ployee thereof, shall be fined under title 18, im-
removal and destruction of obsolete or erro-
prisoned not more than 1 year, or both, and shall
neous names and information.
be removed from office or employment.
(g) Authority to issue warnings (Pub. L. 107–296, title II, § 221, Nov. 25, 2002, 116
Stat. 2155.)
The Federal Government may provide
advisories, alerts, and warnings to relevant com- REFERENCES IN TEXT
panies, targeted sectors, other governmental en- This subchapter, referred to in text, was in the origi-
tities, or the general public regarding potential nal ‘‘this title’’, meaning title II of Pub. L. 107–296, Nov.
threats to critical infrastructure as appropriate. 25, 2002, 116 Stat. 2145, which enacted this subchapter,
In issuing a warning, the Federal Government amended sections 1030, 2511, 2512, 2520, 2701 to 2703, and
shall take appropriate actions to protect from 3125 of Title 18, Crimes and Criminal Procedure, sec-
tions 3712 and 3722 of Title 42, The Public Health and
disclosure— Welfare, and section 401a of Title 50, War and National
(1) the source of any voluntarily submitted Defense, and enacted provisions set out as a note under
critical infrastructure information that forms section 101 of this title and listed in a Provisions for
the basis for the warning; or Review, Promulgation, or Amendment of Federal Sen-
(2) information that is proprietary, business tencing Guidelines Relating to Specific Offenses table
sensitive, relates specifically to the submit- set out under section 994 of Title 28, Judiciary and Ju-
ting person or entity, or is otherwise not ap- dicial Procedure. For complete classification of title II
propriately in the public domain. to the Code, see Tables.
(h) Authority to delegate § 142. Privacy officer
The President may delegate authority to a The Secretary shall appoint a senior official in
critical infrastructure protection program, des- the Department, who shall report directly to the
ignated under section 132 of this title, to enter Secretary, to assume primary responsibility for
into a voluntary agreement to promote critical privacy policy, including—
infrastructure security, including with any In- (1) assuring that the use of technologies sus-
formation Sharing and Analysis Organization, tain, and do not erode, privacy protections re-
or a plan of action as otherwise defined in sec- lating to the use, collection, and disclosure of
tion 2158 of title 50, Appendix. personal information;
(Pub. L. 107–296, title II, § 214, Nov. 25, 2002, 116 (2) assuring that personal information con-
Stat. 2152; Pub. L. 108–271, § 8(b), July 7, 2004, 118 tained in Privacy Act systems of records is
Stat. 814.) handled in full compliance with fair informa-
tion practices as set out in the Privacy Act of
REFERENCES IN TEXT 1974 [5 U.S.C. 552a];
The Critical Infrastructure Information Act of 2002, (3) evaluating legislative and regulatory pro-
referred to in subsec. (a)(2)(A), is subtitle B (§ 211 et posals involving collection, use, and disclosure
seq.) of title II of Pub. L. 107–296, Nov. 25, 2002, 116 Stat. of personal information by the Federal Gov-
2150, which is classified generally to this part. For com- ernment;
plete classification of this Act to the Code, see Short (4) conducting a privacy impact assessment
Title note set out under section 101 of this title and Ta-
bles.
of proposed rules of the Department or that of
The Federal Advisory Committee Act, referred to in the Department on the privacy of personal in-
subsec. (b), is Pub. L. 92–463, Oct. 6, 1972, 86 Stat. 770, as formation, including the type of personal in-
amended, which is set out in the Appendix to Title 5, formation collected and the number of people
Government Organization and Employees. affected;
(5) coordinating with the Officer for Civil nities to respond and recover from attacks on
Rights and Civil Liberties to ensure that— information systems and communications net-
(A) programs, policies, and procedures in- works.
volving civil rights, civil liberties, and pri-
(Pub. L. 107–296, title II, § 224, Nov. 25, 2002, 116
vacy considerations are addressed in an inte-
Stat. 2156.)
grated and comprehensive manner; and
(B) Congress receives appropriate reports § 145. Cyber Security Enhancement Act of 2002
on such programs, policies, and procedures;
(a) Short title
and
This section may be cited as the ‘‘Cyber Secu-
(6) preparing a report to Congress on an an- rity Enhancement Act of 2002’’.
nual basis on activities of the Department
that affect privacy, including complaints of (b) Amendment of sentencing guidelines relating
privacy violations, implementation of the Pri- to certain computer crimes
vacy Act of 1974 [5 U.S.C. 552a], internal con- (1) Directive to the United States Sentencing
trols, and other matters. Commission
(Pub. L. 107–296, title II, § 222, Nov. 25, 2002, 116 Pursuant to its authority under section
Stat. 2155; Pub. L. 108–458, title VIII, § 8305, Dec. 994(p) of title 28 and in accordance with this
17, 2004, 118 Stat. 3868.) subsection, the United States Sentencing
Commission shall review and, if appropriate,
REFERENCES IN TEXT amend its guidelines and its policy statements
The Privacy Act of 1974, referred to in pars. (2) and applicable to persons convicted of an offense
(6), is Pub. L. 93–579, Dec. 31, 1974, 88 Stat. 1896, as under section 1030 of title 18.
amended, which enacted section 552a of Title 5, Govern- (2) Requirements
ment Organization and Employees, and provisions set
out as notes under section 552a of Title 5. For complete In carrying out this subsection, the Sen-
classification of this Act to the Code, see Short Title of tencing Commission shall—
1974 Amendment note set out under section 552a of (A) ensure that the sentencing guidelines
Title 5 and Tables. and policy statements reflect the serious na-
AMENDMENTS ture of the offenses described in paragraph
(1), the growing incidence of such offenses,
2004—Pub. L. 108–458, § 8305(1), inserted ‘‘, who shall
report directly to the Secretary,’’ after ‘‘in the Depart-
and the need for an effective deterrent and
ment’’ in introductory provisions. appropriate punishment to prevent such of-
Pars. (5), (6). Pub. L. 108–458, § 8305(2)–(4), added par. fenses;
(5) and redesignated former par. (5) as (6). (B) consider the following factors and the
extent to which the guidelines may or may
§ 143. Enhancement of non-Federal cybersecurity not account for them—
In carrying out the responsibilities under sec- (i) the potential and actual loss resulting
tion 121 of this title, the Under Secretary for In- from the offense;
formation Analysis and Infrastructure Protec- (ii) the level of sophistication and plan-
tion shall— ning involved in the offense;
(1) as appropriate, provide to State and local (iii) whether the offense was committed
government entities, and upon request to pri- for purposes of commercial advantage or
vate entities that own or operate critical in- private financial benefit;
formation systems— (iv) whether the defendant acted with
(A) analysis and warnings related to malicious intent to cause harm in commit-
threats to, and vulnerabilities of, critical in- ting the offense;
formation systems; and (v) the extent to which the offense vio-
(B) in coordination with the Under Sec- lated the privacy rights of individuals
retary for Emergency Preparedness and Re- harmed;
sponse, crisis management support in re- (vi) whether the offense involved a com-
sponse to threats to, or attacks on, critical puter used by the government in further-
information systems; and ance of national defense, national secu-
rity, or the administration of justice;
(2) as appropriate, provide technical assist- (vii) whether the violation was intended
ance, upon request, to the private sector and to or had the effect of significantly inter-
other government entities, in coordination fering with or disrupting a critical infra-
with the Under Secretary for Emergency Pre- structure; and
paredness and Response, with respect to emer- (viii) whether the violation was intended
gency recovery plans to respond to major fail- to or had the effect of creating a threat to
ures of critical information systems. public health or safety, or injury to any
(Pub. L. 107–296, title II, § 223, Nov. 25, 2002, 116 person;
Stat. 2156.) (C) assure reasonable consistency with
§ 144. NET Guard other relevant directives and with other sen-
tencing guidelines;
The Under Secretary for Information Analysis (D) account for any additional aggravating
and Infrastructure Protection may establish a or mitigating circumstances that might jus-
national technology guard, to be known as tify exceptions to the generally applicable
‘‘NET Guard’’, comprised of local teams of vol- sentencing ranges;
unteers with expertise in relevant areas of (E) make any necessary conforming
science and technology, to assist local commu- changes to the sentencing guidelines; and
(F) assure that the guidelines adequately dure, sections 3712 and 3722 of Title 42, The Public
meet the purposes of sentencing as set forth Health and Welfare, and section 401a of Title 50, War
in section 3553(a)(2) of title 18. and National Defense, and enacted provisions set out as
a note under section 101 of this title and listed in a Pro-
(c) Study and report on computer crimes visions for Review, Promulgation, or Amendment of
Not later than May 1, 2003, the United States Federal Sentencing Guidelines Relating to Specific Of-
Sentencing Commission shall submit a brief re- fenses table set out under section 994 of Title 28, Judici-
ary and Judicial Procedure. For complete classification
port to Congress that explains any actions taken of title II to the Code, see Tables.
by the Sentencing Commission in response to
this section and includes any recommendations § 162. Mission of Office; duties
the Commission may have regarding statutory (a) Mission
penalties for offenses under section 1030 of title
18. The mission of the Office shall be—
(1) to serve as the national focal point for
(d) Emergency disclosure exception work on law enforcement technology; and
(1) Omitted (2) to carry out programs that, through the
provision of equipment, training, and tech-
(2) Reporting of disclosures nical assistance, improve the safety and effec-
A government entity that receives a disclo- tiveness of law enforcement technology and
sure under section 2702(b) of title 18 shall file, improve access to such technology by Federal,
not later than 90 days after such disclosure, a State, and local law enforcement agencies.
report to the Attorney General stating the (b) Duties
paragraph of that section under which the dis- In carrying out its mission, the Office shall
closure was made, the date of the disclosure, have the following duties:
the entity to which the disclosure was made, (1) To provide recommendations and advice
the number of customers or subscribers to to the Attorney General.
whom the information disclosed pertained, (2) To establish and maintain advisory
and the number of communications, if any, groups (which shall be exempt from the provi-
that were disclosed. The Attorney General sions of the Federal Advisory Committee Act
shall publish all such reports into a single re- (5 U.S.C. App.)) to assess the law enforcement
port to be submitted to Congress 1 year after technology needs of Federal, State, and local
November 25, 2002. law enforcement agencies.
(Pub. L. 107–296, title II, § 225, Nov. 25, 2002, 116 (3) To establish and maintain performance
Stat. 2156.) standards in accordance with the National
Technology Transfer and Advancement Act of
CODIFICATION 1995 (Public Law 104–113) for, and test and
Section is comprised of section 225 of Pub. L. 107–296. evaluate law enforcement technologies that
Subsecs. (d)(1) and (e) to (j) of section 225 of Pub. L. may be used by, Federal, State, and local law
107–296 amended sections 1030, 2511, 2512, 2520, 2701 to enforcement agencies.
2703, and 3125 of Title 18, Crimes and Criminal Proce- (4) To establish and maintain a program to
dure. certify, validate, and mark or otherwise recog-
nize law enforcement technology products
PART D—OFFICE OF SCIENCE AND TECHNOLOGY that conform to standards established and
§ 161. Establishment of Office; Director maintained by the Office in accordance with
the National Technology Transfer and Ad-
(a) Establishment vancement Act of 1995 (Public Law 104–113).
(1) In general The program may, at the discretion of the Of-
There is hereby established within the De- fice, allow for supplier’s declaration of con-
partment of Justice an Office of Science and formity with such standards.
(5) To work with other entities within the
Technology (hereinafter in this subchapter re-
Department of Justice, other Federal agen-
ferred to as the ‘‘Office’’).
cies, and the executive office of the President
(2) Authority to establish a coordinated Federal approach on
The Office shall be under the general author- issues related to law enforcement technology.
ity of the Assistant Attorney General, Office (6) To carry out research, development, test-
of Justice Programs, and shall be established ing, evaluation, and cost-benefit analyses in
within the National Institute of Justice. fields that would improve the safety, effective-
(b) Director ness, and efficiency of law enforcement tech-
nologies used by Federal, State, and local law
The Office shall be headed by a Director, who enforcement agencies, including, but not lim-
shall be an individual appointed based on ap- ited to—
proval by the Office of Personnel Management of (A) weapons capable of preventing use by
the executive qualifications of the individual. unauthorized persons, including personalized
(Pub. L. 107–296, title II, § 231, Nov. 25, 2002, 116 guns;
Stat. 2159.) (B) protective apparel;
(C) bullet-resistant and explosion-resistant
REFERENCES IN TEXT glass;
This subchapter, referred to in subsec. (a)(1), was in (D) monitoring systems and alarm systems
the original ‘‘this title’’, meaning title II of Pub. L. capable of providing precise location infor-
107–296, Nov. 25, 2002, 116 Stat. 2145, which enacted this mation;
subchapter, amended sections 1030, 2511, 2512, 2520, 2701 (E) wire and wireless interoperable com-
to 2703, and 3125 of Title 18, Crimes and Criminal Proce- munication technologies;
(F) tools and techniques that facilitate in- tion: Provided, That any such transfer or provi-
vestigative and forensic work, including sion of funding shall be carried out in accord-
computer forensics; ance with section 605 of Public Law 107–77.
(G) equipment for particular use in (g) Annual report
counterterrorism, including devices and
technologies to disable terrorist devices; The Director of the Office shall include with
(H) guides to assist State and local law en- the budget justification materials submitted to
forcement agencies; Congress in support of the Department of Jus-
(I) DNA identification technologies; and tice budget for each fiscal year (as submitted
(J) tools and techniques that facilitate in- with the budget of the President under section
vestigations of computer crime. 1105(a) of title 31) a report on the activities of
the Office. Each such report shall include the
(7) To administer a program of research, de- following:
velopment, testing, and demonstration to im- (1) For the period of 5 fiscal years beginning
prove the interoperability of voice and data with the fiscal year for which the budget is
public safety communications. submitted—
(8) To serve on the Technical Support Work- (A) the Director’s assessment of the needs
ing Group of the Department of Defense, and of Federal, State, and local law enforcement
on other relevant interagency panels, as re- agencies for assistance with respect to law
quested. enforcement technology and other matters
(9) To develop, and disseminate to State and consistent with the mission of the Office;
local law enforcement agencies, technical as- and
sistance and training materials for law en- (B) a strategic plan for meeting such needs
forcement personnel, including prosecutors. of such law enforcement agencies.
(10) To operate the regional National Law
Enforcement and Corrections Technology Cen- (2) For the fiscal year preceding the fiscal
ters and, to the extent necessary, establish ad- year for which such budget is submitted, a de-
ditional centers through a competitive proc- scription of the activities carried out by the
ess. Office and an evaluation of the extent to
(11) To administer a program of acquisition, which those activities successfully meet the
research, development, and dissemination of needs assessed under paragraph (1)(A) in pre-
advanced investigative analysis and forensic vious reports.
tools to assist State and local law enforce- (Pub. L. 107–296, title II, § 232, Nov. 25, 2002, 116
ment agencies in combating cybercrime. Stat. 2159; Pub. L. 108–7, div. L, § 103(1), Feb. 20,
(12) To support research fellowships in sup- 2003, 117 Stat. 529.)
port of its mission.
REFERENCES IN TEXT
(13) To serve as a clearinghouse for informa-
tion on law enforcement technologies. The Federal Advisory Committee Act, referred to in
(14) To represent the United States and subsec. (b)(2), is Pub. L. 92–463, Oct. 6, 1972, 86 Stat. 770,
State and local law enforcement agencies, as as amended, which is set out in the Appendix to Title
5, Government Organization and Employees.
requested, in international activities con-
The National Technology Transfer and Advancement
cerning law enforcement technology. Act of 1995, referred to in subsec. (b)(3), (4), is Pub. L.
(15) To enter into contracts and cooperative 104–113, Mar. 7, 1996, 110 Stat. 775, as amended. For com-
agreements and provide grants, which may re- plete classification of this Act to the Code, see Short
quire in-kind or cash matches from the recipi- Title of 1996 Amendment note set out under section 3701
ent, as necessary to carry out its mission. of Title 15, Commerce and Trade, and Tables.
(16) To carry out other duties assigned by Section 605 of Public Law 107–77, referred to in sub-
the Attorney General to accomplish the mis- sec. (f), is section 605 of Pub. L. 107–77, title VI, Nov. 28,
2001, 115 Stat. 798, which is not classified to the Code.
sion of the Office.
(c) Competition required AMENDMENTS
Except as otherwise expressly provided by law, 2003—Subsec. (f). Pub. L. 108–7 inserted before period
all research and development carried out by or at end ‘‘: Provided, That any such transfer or provision
through the Office shall be carried out on a com- of funding shall be carried out in accordance with sec-
tion 605 of Public Law 107–77’’.
petitive basis.
(d) Information from Federal agencies § 163. Definition of law enforcement technology
Federal agencies shall, upon request from the For the purposes of this subchapter, the term
Office and in accordance with Federal law, pro- ‘‘law enforcement technology’’ includes inves-
vide the Office with any data, reports, or other tigative and forensic technologies, corrections
information requested, unless compliance with technologies, and technologies that support the
such request is otherwise prohibited by law. judicial process.
(e) Publications
(Pub. L. 107–296, title II, § 233, Nov. 25, 2002, 116
Decisions concerning publications issued by Stat. 2161.)
the Office shall rest solely with the Director of
the Office. REFERENCES IN TEXT
(f) Transfer of funds This subchapter, referred to in text, was in the origi-
nal ‘‘this title’’, meaning title II of Pub. L. 107–296, Nov.
The Office may transfer funds to other Federal 25, 2002, 116 Stat. 2145, which enacted this subchapter,
agencies or provide funding to non-Federal enti- amended sections 1030, 2511, 2512, 2520, 2701 to 2703, and
ties through grants, cooperative agreements, or 3125 of Title 18, Crimes and Criminal Procedure, sec-
contracts to carry out its duties under this sections 3712 and 3722 of Title 42, The Public Health and
Welfare, and section 401a of Title 50, War and National ried out in accordance with section 605 of Public Law
Defense, and enacted provisions set out as a note under 107–77’’.
section 101 of this title and listed in a Provisions for
Review, Promulgation, or Amendment of Federal Sen- § 165. National Law Enforcement and Correc-
tencing Guidelines Relating to Specific Offenses table tions Technology Centers
set out under section 994 of Title 28, Judiciary and Ju-
dicial Procedure. For complete classification of title II (a) In general
to the Code, see Tables.
The Director of the Office shall operate and
§ 164. Abolishment of Office of Science and Tech- support National Law Enforcement and Correc-
nology of National Institute of Justice; trans- tions Technology Centers (hereinafter in this
fer of functions section referred to as ‘‘Centers’’) and, to the ex-
tent necessary, establish new centers through a
(a) Authority to transfer functions
merit-based, competitive process.
The Attorney General may transfer to the Of-
fice any other program or activity of the De- (b) Purpose of Centers
partment of Justice that the Attorney General, The purpose of the Centers shall be to—
in consultation with the Committee on the Judi- (1) support research and development of law
ciary of the Senate and the Committee on the enforcement technology;
Judiciary of the House of Representatives, de- (2) support the transfer and implementation
termines to be consistent with the mission of of technology;
the Office. (3) assist in the development and dissemina-
(b) Transfer of personnel and assets tion of guidelines and technological standards;
With respect to any function, power, or duty, and
or any program or activity, that is established (4) provide technology assistance, informa-
in the Office, those employees and assets of the tion, and support for law enforcement, correc-
element of the Department of Justice from tions, and criminal justice purposes.
which the transfer is made that the Attorney (c) Annual meeting
General determines are needed to perform that Each year, the Director shall convene a meet-
function, power, or duty, or for that program or ing of the Centers in order to foster collabora-
activity, as the case may be, shall be transferred tion and communication between Center partici-
to the Office: Provided, That any such transfer
pants.
shall be carried out in accordance with section
605 of Public Law 107–77. (d) Report
(c) Report on implementation Not later than 12 months after November 25,
Not later than 1 year after November 25, 2002, 2002, the Director shall transmit to the Congress
the Attorney General shall submit to the Com- a report assessing the effectiveness of the exist-
mittee on the Judiciary of the Senate and the ing system of Centers and identify the number
Committee on the Judiciary of the House of of Centers necessary to meet the technology
Representatives a report on the implementation needs of Federal, State, and local law enforce-
of this subchapter. The report shall— ment in the United States.
(1) provide an accounting of the amounts and (Pub. L. 107–296, title II, § 235, Nov. 25, 2002, 116
sources of funding available to the Office to Stat. 2162.)
carry out its mission under existing authoriza-
tions and appropriations, and set forth the fu- SUBCHAPTER III—SCIENCE AND TECH-
ture funding needs of the Office; and NOLOGY IN SUPPORT OF HOMELAND SE-
(2) include such other information and rec- CURITY
ommendations as the Attorney General con-
siders appropriate. § 181. Under Secretary for Science and Tech-
(Pub. L. 107–296, title II, § 234, Nov. 25, 2002, 116 nology
Stat. 2161; Pub. L. 108–7, div. L, § 103(2), Feb. 20, There shall be in the Department a Direc-
2003, 117 Stat. 529.) torate of Science and Technology headed by an
REFERENCES IN TEXT Under Secretary for Science and Technology.
Section 605 of Public Law 107–77, referred to in sub- (Pub. L. 107–296, title III, § 301, Nov. 25, 2002, 116
sec. (b), is section 605 of Pub. L. 107–77, title VI, Nov. 28, Stat. 2163.)
2001, 115 Stat. 798, which is not classified to the Code.
This subchapter, referred to in subsec. (c), was in the § 182. Responsibilities and authorities of the
original ‘‘this title’’, meaning title II of Pub. L. 107–296,
Nov. 25, 2002, 116 Stat. 2145, which enacted this sub-
Under Secretary for Science and Technology
chapter, amended sections 1030, 2511, 2512, 2520, 2701 to The Secretary, acting through the Under Sec-
2703, and 3125 of Title 18, Crimes and Criminal Proce-
retary for Science and Technology, shall have
dure, sections 3712 and 3722 of Title 42, The Public
Health and Welfare, and section 401a of Title 50, War the responsibility for—
and National Defense, and enacted provisions set out as (1) advising the Secretary regarding research
a note under section 101 of this title and listed in a Pro- and development efforts and priorities in sup-
visions for Review, Promulgation, or Amendment of port of the Department’s missions;
Federal Sentencing Guidelines Relating to Specific Of- (2) developing, in consultation with other
fenses table set out under section 994 of Title 28, Judici- appropriate executive agencies, a national pol-
ary and Judicial Procedure. For complete classification icy and strategic plan for, identifying prior-
of title II to the Code, see Tables.
ities, goals, objectives and policies for, and co-
AMENDMENTS ordinating the Federal Government’s civilian
2003—Subsec. (b). Pub. L. 108–7 inserted before period efforts to identify and develop counter-
at end ‘‘: Provided, That any such transfer shall be car- measures to chemical, biological, radiological,
nuclear, and other emerging terrorist threats, § 183. Functions transferred

including the development of comprehensive,
research-based definable goals for such efforts In accordance with subchapter XII of this
and development of annual measurable objec- chapter, there shall be transferred to the Sec-
tives and specific targets to accomplish and retary the functions, personnel, assets, and li-
evaluate the goals for such efforts; abilities of the following entities:
(3) supporting the Under Secretary for Infor- (1) The following programs and activities of
mation Analysis and Infrastructure Protec- the Department of Energy, including the func-
tion, by assessing and testing homeland secu- tions of the Secretary of Energy relating
rity vulnerabilities and possible threats; thereto (but not including programs and ac-
(4) conducting basic and applied research, tivities relating to the strategic nuclear de-
development, demonstration, testing, and fense posture of the United States):
evaluation activities that are relevant to any (A) The chemical and biological national
or all elements of the Department, through security and supporting programs and ac-
both intramural and extramural programs, ex- tivities of the nonproliferation and
cept that such responsibility does not extend verification research and development pro-
to human health-related research and develop- gram.
ment activities; (B) The nuclear smuggling programs and
(5) establishing priorities for, directing, activities within the proliferation detection
funding, and conducting national research, de- program of the nonproliferation and
velopment, test and evaluation, and procure- verification research and development pro-
ment of technology and systems for— gram. The programs and activities described
(A) preventing the importation of chem- in this subparagraph may be designated by
ical, biological, radiological, nuclear, and re- the President either for transfer to the De-
lated weapons and material; and partment or for joint operation by the Sec-
(B) detecting, preventing, protecting retary and the Secretary of Energy.
against, and responding to terrorist attacks; (C) The nuclear assessment program and
activities of the assessment, detection, and
(6) establishing a system for transferring cooperation program of the international
homeland security developments or tech- materials protection and cooperation pro-
nologies to Federal, State, local government, gram.
and private sector entities; (D) Such life sciences activities of the bio-
(7) entering into work agreements, joint logical and environmental research program
sponsorships, contracts, or any other agree- related to microbial pathogens as may be
ments with the Department of Energy regard- designated by the President for transfer to
ing the use of the national laboratories or the Department.
sites and support of the science and tech- (E) The Environmental Measurements
nology base at those facilities; Laboratory.
(8) collaborating with the Secretary of Agri- (F) The advanced scientific computing re-
culture and the Attorney General as provided search program and activities at Lawrence
in section 8401 of title 7; Livermore National Laboratory.
(9) collaborating with the Secretary of
Health and Human Services and the Attorney (2) The National Bio-Weapons Defense Anal-
General in determining any new biological ysis Center of the Department of Defense, in-
agents and toxins that shall be listed as ‘‘se- cluding the functions of the Secretary of De-
lect agents’’ in Appendix A of part 72 of title fense related thereto.
42, Code of Federal Regulations, pursuant to (Pub. L. 107–296, title III, § 303, Nov. 25, 2002, 116
section 262a of title 42; Stat. 2164.)
(10) supporting United States leadership in
science and technology; § 184. Conduct of certain public health-related
(11) establishing and administering the pri- activities
mary research and development activities of (a) In general
the Department, including the long-term re-
search and development needs and capabilities With respect to civilian human health-related
for all elements of the Department; research and development activities relating to
(12) coordinating and integrating all re- countermeasures for chemical, biological, radio-
search, development, demonstration, testing, logical, and nuclear and other emerging ter-
and evaluation activities of the Department; rorist threats carried out by the Department of
(13) coordinating with other appropriate ex- Health and Human Services (including the Pub-
ecutive agencies in developing and carrying lic Health Service), the Secretary of Health and
out the science and technology agenda of the Human Services shall set priorities, goals, objec-
Department to reduce duplication and identify tives, and policies and develop a coordinated
unmet needs; and strategy for such activities in collaboration
(14) developing and overseeing the adminis- with the Secretary of Homeland Security to en-
tration of guidelines for merit review of re- sure consistency with the national policy and
search and development projects throughout strategic plan developed pursuant to section
the Department, and for the dissemination of 182(2) of this title.
research conducted or sponsored by the De- (b) Evaluation of progress
partment. In carrying out subsection (a) of this section,
(Pub. L. 107–296, title III, § 302, Nov. 25, 2002, 116 the Secretary of Health and Human Services
Stat. 2163.) shall collaborate with the Secretary in devel-
oping specific benchmarks and outcome meas- § 187. Homeland Security Advanced Research
urements for evaluating progress toward achiev- Projects Agency
ing the priorities and goals described in such
(a) Definitions
subsection.
In this section:
(Pub. L. 107–296, title III, § 304, Nov. 25, 2002, 116
Stat. 2165.) (1) Fund
CODIFICATION
The term ‘‘Fund’’ means the Acceleration
Fund for Research and Development of Home-
Section is comprised of section 304 of Pub. L. 107–296. land Security Technologies established in sub-
Subsec. (c) of section 304 of Pub. L. 107–296 amended section (c) of this section.
section 233 of Title 42, The Public Health and Welfare.
(2) Homeland security research
§ 185. Federally funded research and develop- The term ‘‘homeland security research’’
ment centers means research relevant to the detection of,
The Secretary, acting through the Under Sec- prevention of, protection against, response to,
retary for Science and Technology, shall have attribution of, and recovery from homeland
the authority to establish or contract with 1 or security threats, particularly acts of ter-
more federally funded research and development rorism.
centers to provide independent analysis of (3) HSARPA
homeland security issues, or to carry out other
The term ‘‘HSARPA’’ means the Homeland
responsibilities under this chapter, including co-
Security Advanced Research Projects Agency
ordinating and integrating both the extramural
established in subsection (b) of this section.
and intramural programs described in section
188 of this title. (4) Under Secretary
(Pub. L. 107–296, title III, § 305, Nov. 25, 2002, 116 The term ‘‘Under Secretary’’ means the
Stat. 2168.) Under Secretary for Science and Technology.
(b) Homeland Security Advanced Research
REFERENCES IN TEXT
Projects Agency
This chapter, referred to in text, was in the original
‘‘this Act’’, meaning Pub. L. 107–296, Nov. 25, 2002, 116
(1) Establishment
Stat. 2135, known as the Homeland Security Act of 2002, There is established the Homeland Security
which is classified principally to this chapter. For com- Advanced Research Projects Agency.
plete classification of this Act to the Code, see Short
Title note set out under section 101 of this title and Ta- (2) Director
bles. HSARPA shall be headed by a Director, who
shall be appointed by the Secretary. The Di-
§ 186. Miscellaneous provisions
rector shall report to the Under Secretary.
(a) Classification (3) Responsibilities
To the greatest extent practicable, research The Director shall administer the Fund to
conducted or supported by the Department shall award competitive, merit-reviewed grants, co-
be unclassified. operative agreements or contracts to public or
(b) Construction private entities, including businesses, feder-
Nothing in this subchapter shall be construed ally funded research and development centers,
to preclude any Under Secretary of the Depart- and universities. The Director shall admin-
ment from carrying out research, development, ister the Fund to—
demonstration, or deployment activities, as long (A) support basic and applied homeland se-
as such activities are coordinated through the curity research to promote revolutionary
Under Secretary for Science and Technology. changes in technologies that would promote
homeland security;
(c) Regulations (B) advance the development, testing and
The Secretary, acting through the Under Sec- evaluation, and deployment of critical
retary for Science and Technology, may issue homeland security technologies; and
necessary regulations with respect to research, (C) accelerate the prototyping and deploy-
development, demonstration, testing, and eval- ment of technologies that would address
uation activities of the Department, including homeland security vulnerabilities.
the conducting, funding, and reviewing of such (4) Targeted competitions
activities.
The Director may solicit proposals to ad-
(d) Notification of Presidential life sciences des-
dress specific vulnerabilities identified by the
ignations
Director.
Not later than 60 days before effecting any
(5) Coordination
transfer of Department of Energy life sciences
activities pursuant to section 183(1)(D) of this The Director shall ensure that the activities
title, the President shall notify the appropriate of HSARPA are coordinated with those of
congressional committees of the proposed trans- other relevant research agencies, and may run
fer and shall include the reasons for the transfer projects jointly with other agencies.
and a description of the effect of the transfer on (6) Personnel
the activities of the Department of Energy.
In hiring personnel for HSARPA, the Sec-
(Pub. L. 107–296, title III, § 306, Nov. 25, 2002, 116 retary shall have the hiring and management
Stat. 2168.) authorities described in section 1101 of the
Strom Thurmond National Defense Authoriza- (2) University-based centers for homeland se-
tion Act for Fiscal Year 1999 (5 U.S.C. 3104 curity
note; Public Law 105–261). The term of appoint- (A) Designation
ments for employees under subsection (c)(1) of
that section may not exceed 5 years before the The Secretary, acting through the Under
granting of any extension under subsection Secretary for Science and Technology, shall
(c)(2) of that section. designate a university-based center or sev-
eral university-based centers for homeland
(7) Demonstrations security. The purpose of the center or these
The Director, periodically, shall hold home- centers shall be to establish a coordinated,
land security technology demonstrations to university-based system to enhance the Na-
improve contact among technology devel- tion’s homeland security.
opers, vendors and acquisition personnel. (B) Criteria for designation
(c) Fund Criteria for the designation of colleges or
(1) Establishment universities as a center for homeland secu-
There is established the Acceleration Fund rity, shall include, but are not limited to,
for Research and Development of Homeland demonstrated expertise in—
Security Technologies, which shall be admin- (i) The training of first responders.
istered by the Director of HSARPA. (ii) Responding to incidents involving
weapons of mass destruction and biologi-
(2) Authorization of appropriations cal warfare.
There are authorized to be appropriated (iii) Emergency and diagnostic medical
$500,000,000 to the Fund for fiscal year 2003 and services.
such sums as may be necessary thereafter. (iv) Chemical, biological, radiological,
and nuclear countermeasures or detection.
(3) Coast Guard
(v) Animal and plant health and
Of the funds authorized to be appropriated diagnostics.
under paragraph (2), not less than 10 percent of (vi) Food safety.
such funds for each fiscal year through fiscal (vii) Water and wastewater operations.
year 2005 shall be authorized only for the (viii) Port and waterway security.
Under Secretary, through joint agreement (ix) Multi-modal transportation.
with the Commandant of the Coast Guard, to (x) Information security and information
carry out research and development of im- engineering.
proved ports, waterways and coastal security (xi) Engineering.
surveillance and perimeter protection capa- (xii) Educational outreach and technical
bilities for the purpose of minimizing the pos- assistance.
sibility that Coast Guard cutters, aircraft, (xiii) Border transportation and security.
helicopters, and personnel will be diverted (xiv) The public policy implications and
from non-homeland security missions to the public dissemination of homeland security
ports, waterways and coastal security mission. related research and development.
(Pub. L. 107–296, title III, § 307, Nov. 25, 2002, 116 (C) Discretion of Secretary
Stat. 2168.) To the extent that exercising such discre-
§ 188. Conduct of research, development, dem- tion is in the interest of homeland security,
onstration, testing and evaluation and with respect to the designation of any
given university-based center for homeland
(a) In general security, the Secretary may except certain
The Secretary, acting through the Under Sec- criteria as specified in subparagraph (B) and
retary for Science and Technology, shall carry consider additional criteria beyond those
out the responsibilities under section 182(4) of specified in subparagraph (B). Upon designa-
this title through both extramural and intra- tion of a university-based center for home-
mural programs. land security, the Secretary shall that day
publish in the Federal Register the criteria
(b) Extramural programs that were excepted or added in the selection
(1) In general process and the justification for the set of
The Secretary, acting through the Under criteria that were used for that designation.
Secretary for Science and Technology, shall (D) Report to Congress
operate extramural research, development, The Secretary shall report annually, from
demonstration, testing, and evaluation pro- the date of enactment, to Congress con-
grams so as to— cerning the implementation of this section.
(A) ensure that colleges, universities, pri- That report shall indicate which center or
vate research institutes, and companies (and centers have been designated and how the
consortia thereof) from as many areas of the designation or designations enhance home-
United States as practicable participate; land security, as well as report any decisions
(B) ensure that the research funded is of to revoke or modify such designations.
high quality, as determined through merit
review processes developed under section (E) Authorization of appropriations
182(14) of this title; and There are authorized to be appropriated
(C) distribute funds through grants, coop- such sums as may be necessary to carry out
erative agreements, and contracts. this paragraph.
(c) Intramural programs ment of Energy national laboratories and sites

(1) Consultation through any 1 or more of the following meth-
In carrying out the duties under section 182 ods, as the Secretary considers appropriate:
of this title, the Secretary, acting through the (A) A joint sponsorship arrangement re-
Under Secretary for Science and Technology, ferred to in subsection (b) of this section.
may draw upon the expertise of any laboratory (B) A direct contract between the Depart-
of the Federal Government, whether operated ment and the applicable Department of En-
by a contractor or the Government. ergy laboratory or site, subject to subsection
(c) of this section.
(2) Laboratories
(C) Any ‘‘work for others’’ basis made
The Secretary, acting through the Under available by that laboratory or site.
Secretary for Science and Technology, may es- (D) Any other method provided by law.
tablish a headquarters laboratory for the De-
partment at any laboratory or site and may (2) Acceptance and performance by labs and
establish additional laboratory units at other sites
laboratories or sites. Notwithstanding any other law governing
(3) Criteria for headquarters laboratory the administration, mission, use, or oper-
If the Secretary chooses to establish a head- ations of any of the Department of Energy na-
quarters laboratory pursuant to paragraph (2), tional laboratories and sites, such laboratories
then the Secretary shall do the following: and sites are authorized to accept and perform
(A) Establish criteria for the selection of work for the Secretary, consistent with re-
the headquarters laboratory in consultation sources provided, and perform such work on an
with the National Academy of Sciences, ap- equal basis to other missions at the laboratory
propriate Federal agencies, and other ex- and not on a noninterference basis with other
perts. missions of such laboratory or site.
(B) Publish the criteria in the Federal (b) Joint sponsorship arrangements
Register.
(C) Evaluate all appropriate laboratories (1) Laboratories
or sites against the criteria. The Department may be a joint sponsor,
(D) Select a laboratory or site on the basis under a multiple agency sponsorship arrange-
of the criteria. ment with the Department of Energy, of 1 or
(E) Report to the appropriate congres- more Department of Energy national labora-
sional committees on which laboratory was tories in the performance of work.
selected, how the selected laboratory meets
(2) Sites
the published criteria, and what duties the
headquarters laboratory shall perform. The Department may be a joint sponsor of a
(4) Limitation on operation of laboratories Department of Energy site in the performance
of work as if such site were a federally funded
No laboratory shall begin operating as the
research and development center and the work
headquarters laboratory of the Department
were performed under a multiple agency spon-
until at least 30 days after the transmittal of
sorship arrangement with the Department.
the report required by paragraph (3)(E).
(3) Primary sponsor
(Pub. L. 107–296, title III, § 308, Nov. 25, 2002, 116
Stat. 2170; Pub. L. 108–7, div. L, § 101(1), Feb. 20, The Department of Energy shall be the pri-
2003, 117 Stat. 526.) mary sponsor under a multiple agency spon-
sorship arrangement referred to in paragraph
REFERENCES IN TEXT
(1) or (2).
The date of enactment, referred to in subsec.
(b)(2)(D), probably means the date of enactment of this (4) Lead agent
section by Pub. L. 107–296, which was approved Nov. 25, The Secretary of Energy shall act as the
2002. lead agent in coordinating the formation and
AMENDMENTS performance of a joint sponsorship arrange-
2003—Subsecs. (a) to (c)(1). Pub. L. 108–7 added sub-
ment under this subsection between the De-
secs. (a) to (c)(1) and struck out former subsecs. (a) to partment and a Department of Energy na-
(c)(1) which related to the responsibilities of the Sec- tional laboratory or site.
retary, acting through the Under Secretary for Science (5) Federal acquisition regulation
and Technology, to carry out the responsibilities under
section 182(4) of this title through both extramural and Any work performed by a Department of En-
intramural programs, to operate extramural research, ergy national laboratory or site under a joint
development, demonstration, testing, and evaluation sponsorship arrangement under this sub-
programs, to establish a coordinated, university-based section shall comply with the policy on the
system to enhance the Nation’s homeland security, and
use of federally funded research and develop-
to draw upon the expertise of any laboratory of the
Federal Government. ment centers under the Federal Acquisition
Regulations.
§ 189. Utilization of Department of Energy na- (6) Funding
tional laboratories and sites in support of
homeland security activities The Department shall provide funds for work
at the Department of Energy national labora-
(a) Authority to utilize national laboratories and tories or sites, as the case may be, under a
sites joint sponsorship arrangement under this sub-
(1) In general section under the same terms and conditions
In carrying out the missions of the Depart- as apply to the primary sponsor of such na-
ment, the Secretary may utilize the Depart- tional laboratory under section 253(b)(1)(C) of
title 41 or of such site to the extent such sec- (h) Department of Energy coordination on home-
tion applies to such site as a federally funded land security related research
research and development center by reason of The Secretary of Energy shall ensure that any
this subsection. research, development, test, and evaluation ac-
(c) Separate contracting tivities conducted within the Department of En-
To the extent that programs or activities ergy that are directly or indirectly related to
transferred by this chapter from the Depart- homeland security are fully coordinated with
ment of Energy to the Department of Homeland the Secretary to minimize duplication of effort
Security are being carried out through direct and maximize the effective application of Fed-
contracts with the operator of a national labora- eral budget resources.
tory or site of the Department of Energy, the (Pub. L. 107–296, title III, § 309, Nov. 25, 2002, 116
Secretary of Homeland Security and the Sec- Stat. 2172.)
retary of Energy shall ensure that direct con-
tracts for such programs and activities between § 190. Transfer of Plum Island Animal Disease
the Department of Homeland Security and such Center, Department of Agriculture
operator are separate from the direct contracts
of the Department of Energy with such operator. (a) In general
(d) Authority with respect to cooperative re- In accordance with subchapter XII of this
search and development agreements and li- chapter, the Secretary of Agriculture shall
censing agreements transfer to the Secretary of Homeland Security
In connection with any utilization of the De- the Plum Island Animal Disease Center of the
partment of Energy national laboratories and Department of Agriculture, including the assets
sites under this section, the Secretary may per- and liabilities of the Center.
mit the director of any such national laboratory (b) Continued Department of Agriculture access
or site to enter into cooperative research and On completion of the transfer of the Plum Is-
development agreements or to negotiate licens- land Animal Disease Center under subsection (a)
ing agreements with any person, any agency or of this section, the Secretary of Homeland Secu-
instrumentality, of the United States, any unit rity and the Secretary of Agriculture shall enter
of State or local government, and any other en- into an agreement to ensure that the Depart-
tity under the authority granted by section ment of Agriculture is able to carry out re-
3710a of title 15. Technology may be transferred search, diagnostic, and other activities of the
to a non-Federal party to such an agreement Department of Agriculture at the Center.
consistent with the provisions of sections 3710
and 3710a of title 15. (c) Direction of activities
(e) Reimbursement of costs The Secretary of Agriculture shall continue to
In the case of an activity carried out by the direct the research, diagnostic, and other activi-
operator of a Department of Energy national ties of the Department of Agriculture at the
laboratory or site in connection with any utili- Center described in subsection (b) of this sec-
zation of such laboratory or site under this section.
tion, the Department of Homeland Security (d) Notification
shall reimburse the Department of Energy for
costs of such activity through a method under (1) In general
which the Secretary of Energy waives any re- At least 180 days before any change in the
quirement for the Department of Homeland Se- biosafety level at the Plum Island Animal Dis-
curity to pay administrative charges or per- ease Center, the President shall notify Con-
sonnel costs of the Department of Energy or its gress of the change and describe the reasons
contractors in excess of the amount that the for the change.
Secretary of Energy pays for an activity carried (2) Limitation
out by such contractor and paid for by the De-
partment of Energy. No change described in paragraph (1) may be
made earlier than 180 days after the comple-
(f) Laboratory directed research and develop-
tion of the transition period (as defined in sec-
ment by the Department of Energy
tion 541 of this title).
No funds authorized to be appropriated or oth-
erwise made available to the Department in any (Pub. L. 107–296, title III, § 310, Nov. 25, 2002, 116
fiscal year may be obligated or expended for lab- Stat. 2174.)
oratory directed research and development ac-
§ 191. Homeland Security Science and Tech-
tivities carried out by the Department of En-
nology Advisory Committee
ergy unless such activities support the missions
of the Department of Homeland Security. (a) Establishment
(g) Office for National Laboratories There is established within the Department a
There is established within the Directorate of Homeland Security Science and Technology Ad-
Science and Technology an Office for National visory Committee (in this section referred to as
Laboratories, which shall be responsible for the the ‘‘Advisory Committee’’). The Advisory Com-
coordination and utilization of the Department mittee shall make recommendations with re-
of Energy national laboratories and sites under spect to the activities of the Under Secretary
this section in a manner to create a networked for Science and Technology, including identi-
laboratory system for the purpose of supporting fying research areas of potential importance to
the missions of the Department. the security of the Nation.
(b) Membership the matter being considered by the Advisory

(1) Appointment Committee shall constitute a quorum.
The Advisory Committee shall consist of 20 (g) Conflict of interest rules
members appointed by the Under Secretary for The Advisory Committee shall establish rules
Science and Technology, which shall include for determining when 1 of its members has a
emergency first-responders or representatives conflict of interest in a matter being considered
of organizations or associations of emergency by the Advisory Committee.
first-responders. The Advisory Committee
(h) Reports
shall also include representatives of citizen
groups, including economically disadvantaged (1) Annual report
communities. The individuals appointed as The Advisory Committee shall render an an-
members of the Advisory Committee— nual report to the Under Secretary for Science
(A) shall be eminent in fields such as emer- and Technology for transmittal to Congress on
gency response, research, engineering, new or before January 31 of each year. Such report
product development, business, and manage- shall describe the activities and recommenda-
ment consulting; tions of the Advisory Committee during the
(B) shall be selected solely on the basis of previous year.
established records of distinguished service;
(2) Additional reports
(C) shall not be employees of the Federal
Government; and The Advisory Committee may render to the
(D) shall be so selected as to provide rep- Under Secretary for transmittal to Congress
resentation of a cross-section of the re- such additional reports on specific policy mat-
search, development, demonstration, and de- ters as it considers appropriate.
ployment activities supported by the Under (i) Federal Advisory Committee Act exemption
Secretary for Science and Technology.
Section 14 of the Federal Advisory Committee
(2) National Research Council Act shall not apply to the Advisory Committee.
The Under Secretary for Science and Tech- (j) Termination
nology may enter into an arrangement for the
National Research Council to select members The Department of Homeland Security
of the Advisory Committee, but only if the Science and Technology Advisory Committee
panel used by the National Research Council shall terminate 3 years after the effective date
reflects the representation described in para- of this chapter.
graph (1). (Pub. L. 107–296, title III, § 311, Nov. 25, 2002, 116
(c) Terms of office Stat. 2174; Pub. L. 108–334, title V, § 520, Oct. 18,
(1) In general 2004, 118 Stat. 1318.)
Except as otherwise provided in this sub- REFERENCES IN TEXT
section, the term of office of each member of Section 14 of the Federal Advisory Committee Act,
the Advisory Committee shall be 3 years. referred to in subsec. (i), is section 14 of Pub. L. 92–463,
(2) Original appointments which is set out in the Appendix to Title 5, Government
Organization and Employees.
The original members of the Advisory Com- The effective date of this chapter, referred to in sub-
mittee shall be appointed to three classes. One sec. (j), is 60 days after Nov. 25, 2002, see section 4 of
class of six shall have a term of 1 year, one Pub. L. 107–296, set out as an Effective Date note under
class of seven a term of 2 years, and one class section 101 of this title.
of seven a term of 3 years. AMENDMENTS
(3) Vacancies
2004—Subsec. (c)(2). Pub. L. 108–334 amended heading
A member appointed to fill a vacancy occur- and text of par. (2) generally. Prior to amendment, text
ring before the expiration of the term for read as follows: ‘‘The original members of the Advisory
which the member’s predecessor was appointed Committee shall be appointed to three classes of three
shall be appointed for the remainder of such members each. One class shall have a term of 1 year, 1
term. a term of 2 years, and the other a term of 3 years.’’
(d) Eligibility § 192. Homeland Security Institute

A person who has completed two consecutive (a) Establishment
full terms of service on the Advisory Committee
shall thereafter be ineligible for appointment The Secretary shall establish a federally fund-
during the 1-year period following the expiration ed research and development center to be known
of the second such term. as the ‘‘Homeland Security Institute’’ (in this
section referred to as the ‘‘Institute’’).
(e) Meetings
(b) Administration
The Advisory Committee shall meet at least
quarterly at the call of the Chair or whenever The Institute shall be administered as a sepa-
one-third of the members so request in writing. rate entity by the Secretary.
Each member shall be given appropriate notice (c) Duties
of the call of each meeting, whenever possible
The duties of the Institute shall be determined
not less than 15 days before the meeting.
by the Secretary, and may include the fol-
(f) Quorum lowing:
A majority of the members of the Advisory (1) Systems analysis, risk analysis, and sim-
Committee not having a conflict of interest in ulation and modeling to determine the
vulnerabilities of the Nation’s critical infra- lish and promote a program to encourage tech-
structures and the effectiveness of the systems nological innovation in facilitating the mission
deployed to reduce those vulnerabilities. of the Department (as described in section 111 of
(2) Economic and policy analysis to assess this title).
the distributed costs and benefits of alter- (b) Elements of program
native approaches to enhancing security. The program described in subsection (a) of this
(3) Evaluation of the effectiveness of meas- section shall include the following components:
ures deployed to enhance the security of insti- (1) The establishment of a centralized Fed-
tutions, facilities, and infrastructure that eral clearinghouse for information relating to
may be terrorist targets. technologies that would further the mission of
(4) Identification of instances when common the Department for dissemination, as appro-
standards and protocols could improve the priate, to Federal, State, and local govern-
interoperability and effective utilization of ment and private sector entities for additional
tools developed for field operators and first re- review, purchase, or use.
sponders. (2) The issuance of announcements seeking
(5) Assistance for Federal agencies and de- unique and innovative technologies to advance
partments in establishing testbeds to evaluate the mission of the Department.
the effectiveness of technologies under devel- (3) The establishment of a technical assist-
opment and to assess the appropriateness of ance team to assist in screening, as appro-
such technologies for deployment. priate, proposals submitted to the Secretary
(6) Design of metrics and use of those (except as provided in subsection (c)(2) of this
metrics to evaluate the effectiveness of home- section) to assess the feasibility, scientific and
land security programs throughout the Fed- technical merits, and estimated cost of such
eral Government, including all national lab- proposals, as appropriate.
oratories. (4) The provision of guidance, recommenda-
(7) Design of and support for the conduct of tions, and technical assistance, as appropriate,
homeland security-related exercises and sim- to assist Federal, State, and local government
ulations. and private sector efforts to evaluate and im-
(8) Creation of strategic technology develop- plement the use of technologies described in
ment plans to reduce vulnerabilities in the Na- paragraph (1) or (2).
tion’s critical infrastructure and key re- (5) The provision of information for persons
sources. seeking guidance on how to pursue proposals
to develop or deploy technologies that would
(d) Consultation on Institute activities enhance homeland security, including infor-
In carrying out the duties described in sub- mation relating to Federal funding, regula-
section (c) of this section, the Institute shall tion, or acquisition.
consult widely with representatives from pri- (c) Miscellaneous provisions
vate industry, institutions of higher education, (1) In general
nonprofit institutions, other Government agen-
cies, and federally funded research and develop- Nothing in this section shall be construed as
ment centers. authorizing the Secretary or the technical as-
sistance team established under subsection
(e) Use of centers (b)(3) of this section to set standards for tech-
The Institute shall utilize the capabilities of nology to be used by the Department, any
the National Infrastructure Simulation and other executive agency, any State or local
Analysis Center. government entity, or any private sector enti-
(f) Annual reports ty.
The Institute shall transmit to the Secretary (2) Certain proposals
and Congress an annual report on the activities The technical assistance team established
of the Institute under this section. under subsection (b)(3) of this section shall not
(g) Termination consider or evaluate proposals submitted in
response to a solicitation for offers for a pend-
The Homeland Security Institute shall termi- ing procurement or for a specific agency re-
nate 5 years after its establishment. quirement.
(Pub. L. 107–296, title III, § 312, Nov. 25, 2002, 116 (3) Coordination
Stat. 2176; Pub. L. 108–334, title V, § 519, Oct. 18, In carrying out this section, the Secretary
2004, 118 Stat. 1318.) shall coordinate with the Technical Support
AMENDMENTS Working Group (organized under the April 1982
National Security Decision Directive Num-
2004—Subsec. (g). Pub. L. 108–334 amended heading bered 30).
and text of subsec. (g) generally. Prior to amendment,
text read as follows: ‘‘The Homeland Security Institute (Pub. L. 107–296, title III, § 313, Nov. 25, 2002, 116
shall terminate 3 years after the effective date of this Stat. 2176.)
chapter.’’
§ 194. Enhancement of public safety communica-
§ 193. Technology clearinghouse to encourage tions interoperability
and support innovative solutions to enhance (a) Coordination of public safety interoperable
homeland security communications programs
(a) Establishment of program (1) Program
The Secretary, acting through the Under Sec- The Secretary of Homeland Security, in con-
retary for Science and Technology, shall estab- sultation with the Secretary of Commerce and
the Chairman of the Federal Communications the Directorate of Science and Technology
Commission, shall establish a program to en- to carry out this subsection.
hance public safety interoperable communica- (B) Functions
tions at all levels of government. Such pro-
If the Secretary establishes such office,
gram shall—
(A) establish a comprehensive national ap- the Secretary shall, through such office—
proach to achieving public safety interoper- (i) carry out Department of Homeland
able communications; Security responsibilities and authorities
(B) coordinate with other Federal agencies relating to the SAFECOM Program; and
in carrying out subparagraph (A); (ii) carry out section 321 of this title.
(C) develop, in consultation with other ap- (3) Authorization of appropriations
propriate Federal agencies and State and There are authorized to be appropriated to
local authorities, appropriate minimum ca- the Secretary to carry out this subsection—
pabilities for communications interoper- (A) $22,105,000 for fiscal year 2005;
ability for Federal, State, and local public (B) $22,768,000 for fiscal year 2006;
safety agencies; (C) $23,451,000 for fiscal year 2007;
(D) accelerate, in consultation with other (D) $24,155,000 for fiscal year 2008; and
Federal agencies, including the National In- (E) $24,879,000 for fiscal year 2009.
stitute of Standards and Technology, the (b) Report
private sector, and nationally recognized
standards organizations as appropriate, the Not later than 120 days after December 17,
development of national voluntary con- 2004, the Secretary shall report to the Congress
sensus standards for public safety interoper- on Department of Homeland Security plans for
able communications, recognizing— accelerating the development of national vol-
(i) the value, life cycle, and technical ca- untary consensus standards for public safety
pabilities of existing communications in- interoperable communications, a schedule of
frastructure; milestones for such development, and achieve-
(ii) the need for cross-border interoper- ments of such development.
ability between States and nations; (c) International interoperability
(iii) the unique needs of small, rural
Not later than 18 months after December 17,
communities; and
(iv) the interoperability needs for daily 2004, the President shall establish a mechanism
operations and catastrophic events; for coordinating cross-border interoperability
issues between—
(E) encourage the development and imple- (1) the United States and Canada; and
mentation of flexible and open architectures (2) the United States and Mexico.
incorporating, where possible, technologies (d) Omitted
that currently are commercially available,
with appropriate levels of security, for (e) Multiyear interoperability grants
short-term and long-term solutions to public (1) Multiyear commitments
safety communications interoperability;
(F) assist other Federal agencies in identi- In awarding grants to any State, region,
fying priorities for research, development, local government, or Indian tribe for the pur-
and testing and evaluation with regard to poses of enhancing interoperable communica-
public safety interoperable communications; tions capabilities for emergency response pro-
(G) identify priorities within the Depart- viders, the Secretary may commit to obligate
ment of Homeland Security for research, de- Federal assistance beyond the current fiscal
velopment, and testing and evaluation with year, subject to the limitations and restric-
regard to public safety interoperable com- tions in this subsection.
munications; (2) Restrictions
(H) establish coordinated guidance for Fed- (A) Time limit
eral grant programs for public safety inter-
operable communications; No multiyear interoperability commit-
(I) provide technical assistance to State ment may exceed 3 years in duration.
and local public safety agencies regarding (B) Amount of committed funds
planning, acquisition strategies, interoper- The total amount of assistance the Sec-
ability architectures, training, and other retary has committed to obligate for any fu-
functions necessary to achieve public safety ture fiscal year under paragraph (1) may not
communications interoperability; exceed $150,000,000.
(J) develop and disseminate best practices
(3) Letters of intent
to improve public safety communications
interoperability; and (A) Issuance
(K) develop appropriate performance meas- Pursuant to paragraph (1), the Secretary
ures and milestones to systematically meas- may issue a letter of intent to an applicant
ure the Nation’s progress toward achieving committing to obligate from future budget
public safety communications interoper- authority an amount, not more than the
ability, including the development of na- Federal Government’s share of the project’s
tional voluntary consensus standards. cost, for an interoperability communica-
(2) Office for Interoperability and Compat- tions project (including interest costs and
ibility costs of formulating the project).
(A) Establishment of Office (B) Schedule
The Secretary may establish an Office for A letter of intent under this paragraph
Interoperability and Compatibility within shall establish a schedule under which the
Secretary will reimburse the applicant for ment, procurement and installation, training,
the Federal Government’s share of the and operations and maintenance; and
project’s costs, as amounts become avail- (5) describe how such 5-year plan meets or
able, if the applicant, after the Secretary exceeds any applicable standards and grant re-
issues the letter, carries out the project be- quirements established by the Secretary.
fore receiving amounts under a grant issued (g) Definitions
by the Secretary.
In this section:
(C) Notice to Secretary
(1) Interoperable communications
An applicant that is issued a letter of in-
tent under this subsection shall notify the The term ‘‘interoperable communications’’
Secretary of the applicant’s intent to carry means the ability of emergency response pro-
out a project pursuant to the letter before viders and relevant Federal, State, and local
the project begins. government agencies to communicate with
each other as necessary, through a dedicated
(D) Notice to Congress public safety network utilizing information
The Secretary shall transmit a written no- technology systems and radio communications
tification to the Congress no later than 3 systems, and to exchange voice, data, or video
days before the issuance of a letter of intent with one another on demand, in real time, as
under this section. necessary.
(E) Limitations (2) Emergency response providers
A letter of intent issued under this section The term ‘‘emergency response providers’’
is not an obligation of the Government has the meaning that term has under section
under section 1501 of title 31 and is not 101 of this title.
deemed to be an administrative commitment (h) Omitted
for financing. An obligation or administra-
tive commitment may be made only as (i) Sense of Congress regarding interoperable
amounts are provided in authorization and communications
appropriations laws. (1) Finding
(F) Statutory construction The Congress finds that—
Nothing in this subsection shall be con- (A) many first responders working in the
strued— same jurisdiction or in different jurisdic-
(i) to prohibit the obligation of amounts tions cannot effectively and efficiently com-
pursuant to a letter of intent under this municate with one another; and
subsection in the same fiscal year as the (B) their inability to do so threatens the
letter of intent is issued; or public’s safety and may result in unneces-
(ii) to apply to, or replace, Federal as- sary loss of lives and property.
sistance intended for interoperable com- (2) Sense of Congress
munications that is not provided pursuant
It is the sense of Congress that interoperable
to a commitment under this subsection.
emergency communications systems and ra-
(f) Interoperable communications plans dios should continue to be deployed as soon as
Any applicant requesting funding assistance practicable for use by the first responder com-
from the Secretary for interoperable commu- munity, and that upgraded and new digital
nications for emergency response providers shall communications systems and new digital ra-
submit an Interoperable Communications Plan dios must meet prevailing national, voluntary
to the Secretary for approval. Such a plan consensus standards for interoperability.
shall—
(Pub. L. 108–458, title VII, § 7303, Dec. 17, 2004, 118
(1) describe the current state of communica-
Stat. 3843.)
tions interoperability in the applicable juris-
dictions among Federal, State, and local emer- CODIFICATION
gency response providers and other relevant Section is comprised of section 7303 of Pub. L. 108–458.
private resources; Subsec. (d) of section 7303 of Pub. L. 108–458 enacted
(2) describe the available and planned use of section 321 of this title. Subsec. (h) of section 7303 of
public safety frequency spectrum and re- Pub. L. 108–458 amended sections 238 and 312 of this
sources for interoperable communications title.
within such jurisdictions; Section was enacted as part of the Intelligence Re-
(3) describe how the planned use of spectrum
part of the 9/11 Commission Implementation Act of
and resources for interoperable communica- 2004, and not as part of the Homeland Security Act of
tions is compatible with surrounding capabili- 2002 which comprises this chapter.
ties and interoperable communications plans
of Federal, State, and local governmental en- EFFECTIVE DATE
tities, military installations, foreign govern- Pub. L. 108–458, title VII, § 7308, Dec. 17, 2004, 118 Stat.
ments, critical infrastructure, and other rel- 3849, provided that: ‘‘Notwithstanding any other provi-
evant entities; sion of this Act [see Tables for classification], this sub-
(4) include a 5-year plan for the dedication of title [subtitle C (§§ 7301–7308) of title VII of Pub. L.
108–458, enacting this section and section 321 of this
Federal, State, and local government and pri- title, amending sections 238 and 312 of this title, and
vate resources to achieve a consistent, secure, enacting provisions set out as notes under this section
and effective interoperable communications and section 5196 of Title 42, The Public Health and Wel-
system, including planning, system design and fare] shall take effect on the date of enactment of this
engineering, testing and technology develop- Act [Dec. 17, 2004].’’
REGIONAL MODEL STRATEGIC PLAN PILOT PROJECTS those functions transferred to the Department
Pub. L. 108–458, title VII, § 7304, Dec. 17, 2004, 118 Stat. at ports of entry.
3847, provided that: (3) Carrying out the immigration enforce-
‘‘(a) PILOT PROJECTS.—Consistent with sections 302 ment functions vested by statute in, or per-
and 430 of the Homeland Security Act of 2002 (6 U.S.C. formed by, the Commissioner of Immigration
182, 238), not later than 90 days after the date of enact- and Naturalization (or any officer, employee,
ment of this Act [Dec. 17, 2004], the Secretary of Home- or component of the Immigration and Natu-
land Security shall establish not fewer than 2 pilot ralization Service) immediately before the
projects in high threat urban areas or regions that are
likely to implement a national model strategic plan.
date on which the transfer of functions speci-
‘‘(b) PURPOSES.—The purposes of the pilot projects re- fied under section 251 of this title takes effect.
quired by this section shall be to develop a regional (4) Establishing and administering rules, in
strategic plan to foster interagency communication in accordance with section 236 of this title, gov-
the area in which it is established and coordinate the erning the granting of visas or other forms of
gathering of all Federal, State, and local first respond- permission, including parole, to enter the
ers in that area, consistent with the national strategic United States to individuals who are not a cit-
plan developed by the Department of Homeland Secu- izen or an alien lawfully admitted for perma-
rity.
nent residence in the United States.
‘‘(c) SELECTION CRITERIA.—In selecting urban areas
for the location of pilot projects under this section, the
(5) Establishing national immigration en-
Secretary shall consider— forcement policies and priorities.
‘‘(1) the level of risk to the area, as determined by (6) Except as provided in part C of this sub-
the Department of Homeland Security; chapter, administering the customs laws of
‘‘(2) the number of Federal, State, and local law en- the United States.
forcement agencies located in the area; (7) Conducting the inspection and related ad-
‘‘(3) the number of potential victims from a large ministrative functions of the Department of
scale terrorist attack in the area; and Agriculture transferred to the Secretary of
‘‘(4) such other criteria reflecting a community’s Homeland Security under section 231 of this
risk and vulnerability as the Secretary determines is
title.
appropriate.
‘‘(d) INTERAGENCY ASSISTANCE.—The Secretary of
(8) In carrying out the foregoing responsibil-
Homeland Security shall consult with the Secretary of ities, ensuring the speedy, orderly, and effi-
Defense as necessary for the development of the pilot cient flow of lawful traffic and commerce.
projects required by this section, including examining (Pub. L. 107–296, title IV, § 402, Nov. 25, 2002, 116
relevant standards, equipment, and protocols in order
Stat. 2177.)
to improve interagency communication among first re-
sponders. REFERENCES IN TEXT
‘‘(e) REPORTS TO CONGRESS.—The Secretary of Home- Part C of this subchapter, referred to in par. (6), was
land Security shall submit to Congress— in the original ‘‘subtitle C’’, meaning subtitle C (§ 421 et
‘‘(1) an interim report regarding the progress of the seq.) of title IV of Pub. L. 107–296, Nov. 25, 2002, 116 Stat.
interagency communications pilot projects required 2182, which enacted part C (§ 231 et seq.) of this sub-
by this section 6 months after the date of enactment chapter and amended sections 2279e and 2279f of Title 7,
of this Act [Dec. 17, 2004]; and Agriculture, and sections 115, 44901, and 47106 of Title
‘‘(2) a final report 18 months after that date of en- 49, Transportation. For complete classification of sub-
actment [Dec. 17, 2004]. title C to the Code, see Tables.
‘‘(f) FUNDING.—There are authorized to be made avail- The customs laws of the United States, referred to in
able to the Secretary of Homeland Security, such sums par. (6), are classified generally to Title 19, Customs
as may be necessary to carry out this section.’’ Duties.
SUBCHAPTER IV—DIRECTORATE OF § 203. Functions transferred
BORDER AND TRANSPORTATION SECURITY
In accordance with subchapter XII of this
PART A—UNDER SECRETARY FOR BORDER AND chapter (relating to transition provisions), there
TRANSPORTATION SECURITY shall be transferred to the Secretary the func-
tions, personnel, assets, and liabilities of—
§ 201. Under Secretary for Border and Transpor- (1) the United States Customs Service of the
tation Security Department of the Treasury, including the
There shall be in the Department a Direc- functions of the Secretary of the Treasury re-
torate of Border and Transportation Security lating thereto;
(2) the Transportation Security Administra-
headed by an Under Secretary for Border and
tion of the Department of Transportation, in-
Transportation Security.
cluding the functions of the Secretary of
(Pub. L. 107–296, title IV, § 401, Nov. 25, 2002, 116 Transportation, and of the Under Secretary of
Stat. 2177.) Transportation for Security, relating thereto;
(3) the Federal Protective Service of the
§ 202. Responsibilities General Services Administration, including
The Secretary, acting through the Under Sec- the functions of the Administrator of General
retary for Border and Transportation Security, Services relating thereto;
shall be responsible for the following: (4) the Federal Law Enforcement Training
(1) Preventing the entry of terrorists and the Center of the Department of the Treasury; and
instruments of terrorism into the United (5) the Office for Domestic Preparedness of
States. the Office of Justice Programs, including the
(2) Securing the borders, territorial waters, functions of the Attorney General relating
ports, terminals, waterways, and air, land, and thereto.
sea transportation systems of the United (Pub. L. 107–296, title IV, § 403, Nov. 25, 2002, 116
States, including managing and coordinating Stat. 2178.)
PART B—UNITED STATES CUSTOMS SERVICE sult with the Secretary regarding the exercise
of any such authority not delegated to the
§ 211. Establishment; Commissioner of Customs Secretary.
(a) Establishment (2) Statutes
There is established in the Department the The provisions of law referred to in para-
United States Customs Service, under the au- graph (1) are the following: the Tariff Act of
thority of the Under Secretary for Border and 1930 [19 U.S.C. 1202 et seq.]; section 249 of the
Transportation Security, which shall be vested Revised Statutes of the United States (19
with those functions including, but not limited U.S.C. 3); section 2 of the Act of March 4, 1923
to those set forth in section 215(7) of this title, (19 U.S.C. 6); section 13031 of the Consolidated
and the personnel, assets, and liabilities attrib- Omnibus Budget Reconciliation Act of 1985 (19
utable to those functions. U.S.C. 58c); section 251 of the Revised Statutes
(b) Commissioner of Customs of the United States (19 U.S.C. 66); section 1 of
the Act of June 26, 1930 (19 U.S.C. 68); the For-
(1) In general
eign Trade Zones Act (19 U.S.C. 81a et seq.);
There shall be at the head of the Customs section 1 of the Act of March 2, 1911 (19 U.S.C.
Service a Commissioner of Customs, who shall 198); the Trade Act of 1974 [19 U.S.C. 2101 et
be appointed by the President, by and with the seq.]; the Trade Agreements Act of 1979; the
advice and consent of the Senate. North American Free Trade Area Implementa-
(2) Omitted tion Act; the Uruguay Round Agreements Act;
the Caribbean Basin Economic Recovery Act
(3) Continuation in office [19 U.S.C. 2701 et seq.]; the Andean Trade Pref-
The individual serving as the Commissioner erence Act [19 U.S.C. 3201 et seq.]; the African
of Customs on the day before the effective Growth and Opportunity Act [19 U.S.C. 3701 et
date of this chapter may serve as the Commis- seq.]; and any other provision of law vesting
sioner of Customs on and after such effective customs revenue functions in the Secretary of
date until a Commissioner of Customs is ap- the Treasury.
pointed under paragraph (1). (b) Maintenance of Customs revenue functions
(Pub. L. 107–296, title IV, § 411, Nov. 25, 2002, 116 (1) Maintenance of functions
Stat. 2178.) Notwithstanding any other provision of this
REFERENCES IN TEXT chapter, the Secretary may not consolidate,
discontinue, or diminish those functions de-
The effective date of this chapter, referred to in sub-
sec. (b)(3), is 60 days after Nov. 25, 2002, see section 4 of
scribed in paragraph (2) performed by the
Pub. L. 107–296, set out as an Effective Date note under United States Customs Service (as established
section 101 of this title. under section 211 of this title) on or after the
effective date of this chapter, reduce the staff-
CODIFICATION ing level, or reduce the resources attributable
Section is comprised of section 411 of Pub. L. 107–296. to such functions, and the Secretary shall en-
Subsec. (b)(2) of section 411 of Pub. L. 107–296 amended sure that an appropriate management struc-
section 5314 of Title 5, Government Organization and ture is implemented to carry out such func-
Employees. tions.
CHANGE OF NAME (2) Functions
Customs Service, referred to in subsecs. (a) and (b)(1), The functions referred to in paragraph (1)
changed to Bureau of Customs and Border Protection are those functions performed by the following
by Reorganization Plan Modification for the Depart- personnel, and associated support staff, of the
ment of Homeland Security, eff. Mar. 1, 2003, H. Doc.
United States Customs Service on the day be-
No. 108–32, 108th Congress, 1st Session, set out as a note
under section 542 of this title. fore the effective date of this chapter: Import
Specialists, Entry Specialists, Drawback Spe-
§ 212. Retention of Customs revenue functions by cialists, National Import Specialist, Fines and
Secretary of the Treasury Penalties Specialists, attorneys of the Office
of Regulations and Rulings, Customs Auditors,
(a) Retention of Customs revenue functions by International Trade Specialists, Financial
Secretary of the Treasury Systems Specialists.
(1) Retention of authority (c) New personnel
Notwithstanding section 203(a)(1) 1 of this The Secretary of the Treasury is authorized to
title, authority related to Customs revenue appoint up to 20 new personnel to work with per-
functions that was vested in the Secretary of sonnel of the Department in performing customs
the Treasury by law before the effective date revenue functions.
of this chapter under those provisions of law
set forth in paragraph (2) shall not be trans- (Pub. L. 107–296, title IV, § 412, Nov. 25, 2002, 116
ferred to the Secretary by reason of this chap- Stat. 2179.)
ter, and on and after the effective date of this REFERENCES IN TEXT
chapter, the Secretary of the Treasury may
delegate any such authority to the Secretary The effective date of this chapter, referred to in sub-
secs. (a)(1) and (b), is 60 days after Nov. 25, 2002, see sec-
at the discretion of the Secretary of the Treas-
tion 4 of Pub. L. 107–296, set out as an Effective Date
ury. The Secretary of the Treasury shall con- note under section 101 of this title.
This chapter, referred to in subsecs. (a)(1) and (b)(1),
1 So in original. Probably should be section ‘‘203(1)’’. was in the original ‘‘this Act’’, meaning Pub. L. 107–296,
Nov. 25, 2002, 116 Stat. 2135, known as the Homeland Se- CHANGE OF NAME
curity Act of 2002, which is classified principally to this Customs Service, referred to in text, changed to Bu-
chapter. For complete classification of this Act to the reau of Customs and Border Protection by Reorganiza-
Code, see Short Title note set out under section 101 of tion Plan Modification for the Department of Home-
this title and Tables. land Security, eff. Mar. 1, 2003, H. Doc. No. 108–32, 108th
The Tariff Act of 1930, referred to in subsec. (a)(2), is Congress, 1st Session, set out as a note under section
act June 17, 1930, ch. 497, 46 Stat. 590, as amended, 542 of this title.
which is classified generally to chapter 4 (§ 1202 et seq.)
of Title 19, Customs Duties. For complete classification § 214. Separate budget request for Customs
of this Act to the Code, see section 1654 of Title 19 and
Tables. The President shall include in each budget
The Foreign Trade Zones Act, referred to in subsec. transmitted to Congress under section 1105 of
(a)(2), is act June 18, 1934, ch. 590, 48 Stat. 998, as title 31 a separate budget request for the United
amended, which is classified generally to chapter 1A States Customs Service.
(§ 81a et seq.) of Title 19, Customs Duties. For complete
classification of this Act to the Code, see Tables. (Pub. L. 107–296, title IV, § 414, Nov. 25, 2002, 116
The Trade Act of 1974, referred to in subsec. (a)(2), is Stat. 2180.)
Pub. L. 93–618, Jan. 3, 1975, 88 Stat. 1978, as amended,
CHANGE OF NAME
which is classified principally to chapter 12 (§ 2101 et
seq.) of Title 19, Customs Duties. For complete classi- Customs Service, referred to in text, changed to Bu-
fication of this Act to the Code, see References in Text reau of Customs and Border Protection by Reorganiza-
note set out under section 2101 of Title 19 and Tables. tion Plan Modification for the Department of Home-
The Trade Agreements Act of 1979, referred to in sub- land Security, eff. Mar. 1, 2003, H. Doc. No. 108–32, 108th
sec. (a)(2), is Pub. L. 96–39, July 26, 1979, 93 Stat. 144, as Congress, 1st Session, set out as a note under section
amended. For complete classification of this Act to the 542 of this title.
Code, see References in Text note set out under section
2501 of Title 19, Customs Duties, and Tables. § 215. Definition
The North American Free Trade Area Implementa- In this part, the term ‘‘customs revenue func-
tion Act, referred to in subsec. (a)(2), probably means
tion’’ means the following:
the North American Free Trade Agreement Implemen-
(1) Assessing and collecting customs duties
tation Act, Pub. L. 103–182, Dec. 8, 1993, 107 Stat. 2057,
as amended. For complete classification of this Act to (including antidumping and countervailing du-
the Code, see Short Title note set out under section ties and duties imposed under safeguard provi-
3301 of Title 19, Customs Duties, and Tables. sions), excise taxes, fees, and penalties due on
The Uruguay Round Agreements Act, referred to in imported merchandise, including classifying
subsec. (a)(2), is Pub. L. 103–465, Dec. 8, 1994, 108 Stat. and valuing merchandise for purposes of such
4809, as amended. For complete classification of this assessment.
Act to the Code, see Short Title note set out under sec- (2) Processing and denial of entry of persons,
tion 3501 of Title 19, Customs Duties, and Tables. baggage, cargo, and mail, with respect to the
The Caribbean Basin Economic Recovery Act, re-
ferred to in subsec. (a)(2), is title II of Pub. L. 98–67,
assessment and collection of import duties.
Aug. 5, 1983, 97 Stat. 384, as amended, which is classified (3) Detecting and apprehending persons en-
principally to chapter 15 (§ 2701 et seq.) of Title 19, Cus- gaged in fraudulent practices designed to cir-
toms Duties. For complete classification of this Act to cumvent the customs laws of the United
the Code, see Short Title note set out under section States.
2701 of Title 19 and Tables. (4) Enforcing section 1337 of title 19 and pro-
The Andean Trade Preference Act, referred to in sub- visions relating to import quotas and the
sec. (a)(2), is title II of Pub. L. 102–182, Dec. 4, 1991, 105 marking of imported merchandise, and pro-
Stat. 1236, as amended, which is classified generally to viding Customs Recordations for copyrights,
chapter 20 (§ 3201 et seq.) of Title 19, Customs Duties.
For complete classification of this Act to the Code, see
patents, and trademarks.
Short Title note set out under section 3201 of Title 19
(5) Collecting accurate import data for com-
and Tables. pilation of international trade statistics.
The African Growth and Opportunity Act, referred to (6) Enforcing reciprocal trade agreements.
in subsec. (a)(2), is title I of Pub. L. 106–200, May 18, (7) Functions performed by the following
2000, 114 Stat. 252, as amended, which is classified prin- personnel, and associated support staff, of the
cipally to chapter 23 (§ 3701 et seq.) of Title 19, Customs United States Customs Service on the day be-
Duties. For complete classification of this Act to the fore the effective date of this chapter: Import
Code, see Short Title note set out under section 3701 of Specialists, Entry Specialists, Drawback Spe-
Title 19 and Tables. cialists, National Import Specialist, Fines and
CHANGE OF NAME Penalties Specialists, attorneys of the Office
Customs Service, referred to in subsec. (b), changed of Regulations and Rulings, Customs Auditors,
to Bureau of Customs and Border Protection by Reor- International Trade Specialists, Financial
ganization Plan Modification for the Department of Systems Specialists.
Homeland Security, eff. Mar. 1, 2003, H. Doc. No. 108–32, (8) Functions performed by the following of-
108th Congress, 1st Session, set out as a note under sec- fices, with respect to any function described in
tion 542 of this title. any of paragraphs (1) through (7), and associ-
§ 213. Preservation of Customs funds ated support staff, of the United States Cus-
toms Service on the day before the effective
Notwithstanding any other provision of this date of this chapter: the Office of Information
chapter, no funds available to the United States and Technology, the Office of Laboratory
Customs Service or collected under paragraphs Services, the Office of the Chief Counsel, the
(1) through (8) of section 58c(a) of title 19 may be Office of Congressional Affairs, the Office of
transferred for use by any other agency or office International Affairs, and the Office of Train-
in the Department. ing and Development.
(Pub. L. 107–296, title IV, § 413, Nov. 25, 2002, 116 (Pub. L. 107–296, title IV, § 415, Nov. 25, 2002, 116
Stat. 2180.) Stat. 2180.)
REFERENCES IN TEXT tinue to submit to the Committee on Ways and

This part, referred to in text, was in the original Means of the House of Representatives and the
‘‘this subtitle’’, meaning subtitle B (§§ 411–419) of title Committee on Finance of the Senate any report
IV of Pub. L. 107–296, Nov. 25, 2002, 116 Stat. 2178, which required, on the day before such the 1 effective
enacted this part, amended section 5314 of Title 5, Gov- date of this chapter, to be so submitted under
ernment Organization and Employees, section 58c of any provision of law.
Title 19, Customs Duties, and provisions set out as a
note under section 2075 of Title 19. For complete classi- (b) Report on conforming amendments
fication of subtitle B to the Code, see Tables. Not later than 60 days after November 25, 2002,
The effective date of this chapter, referred to in pars. the Secretary of the Treasury shall submit a re-
(7) and (8), is 60 days after Nov. 25, 2002, see section 4 port to the Committee on Finance of the Senate
of Pub. L. 107–296, set out as an Effective Date note
and the Committee on Ways and Means of the
under section 101 of this title.
House of Representatives of proposed con-
§ 216. GAO report to Congress forming amendments to the statutes set forth
under section 212(a)(2) of this title in order to
Not later than 3 months after the effective determine the appropriate allocation of legal
date of this chapter, the Comptroller General of authorities described under this subsection. The
the United States shall submit to Congress a re- Secretary of the Treasury shall also identify
port that sets forth all trade functions per- those authorities vested in the Secretary of the
formed by the executive branch, specifying each Treasury that are exercised by the Commis-
agency that performs each such function. sioner of Customs on or before the effective date
(Pub. L. 107–296, title IV, § 416, Nov. 25, 2002, 116 of this section.
Stat. 2181.) (Pub. L. 107–296, title IV, § 418, Nov. 25, 2002, 116
REFERENCES IN TEXT Stat. 2181.)
The effective date of this chapter, referred to in text, REFERENCES IN TEXT
is 60 days after Nov. 25, 2002, see section 4 of Pub. L. The effective date of this chapter and the effective
107–296, set out as an Effective Date note under section date of this section, referred to in text, is 60 days after
101 of this title. Nov. 25, 2002, see section 4 of Pub. L. 107–296, set out as
an Effective Date note under section 101 of this title.
§ 217. Allocation of resources by the Secretary
CHANGE OF NAME
(a) In general
Customs Service, referred to in subsec. (a), changed
The Secretary shall ensure that adequate to Bureau of Customs and Border Protection by Reor-
staffing is provided to assure that levels of cus- ganization Plan Modification for the Department of
toms revenue services provided on the day be- Homeland Security, eff. Mar. 1, 2003, H. Doc. No. 108–32,
fore the effective date of this chapter shall con- 108th Congress, 1st Session, set out as a note under sec-
tinue to be provided. tion 542 of this title.
(b) Notification of Congress PART C—MISCELLANEOUS PROVISIONS
The Secretary shall notify the Committee on
Ways and Means of the House of Representatives § 231. Transfer of certain agricultural inspection
and the Committee on Finance of the Senate at functions of the Department of Agriculture
least 90 days prior to taking any action which (a) Transfer of agricultural import and entry in-
would— spection functions
(1) result in any significant reduction in cus- There shall be transferred to the Secretary the
toms revenue services, including hours of op- functions of the Secretary of Agriculture relat-
eration, provided at any office within the De- ing to agricultural import and entry inspection
partment or any port of entry; activities under the laws specified in subsection
(2) eliminate or relocate any office of the De- (b) of this section.
partment which provides customs revenue
services; or (b) Covered animal and plant protection laws
(3) eliminate any port of entry. The laws referred to in subsection (a) of this
(c) Definition section are the following:
(1) The Act commonly known as the Virus-
In this section, the term ‘‘customs revenue Serum-Toxin Act (the eighth paragraph under
services’’ means those customs revenue func- the heading ‘‘Bureau of Animal Industry’’ in
tions described in paragraphs (1) through (6) and the Act of March 4, 1913; 21 U.S.C. 151 et seq.).
paragraph (8) of section 215 of this title. (2) Section 1 of the Act of August 31, 1922
(Pub. L. 107–296, title IV, § 417, Nov. 25, 2002, 116 (commonly known as the Honeybee Act; 7
Stat. 2181.) U.S.C. 281).
(3) Title III of the Federal Seed Act (7 U.S.C.
REFERENCES IN TEXT
1581 et seq.).
The effective date of this chapter, referred to in sub- (4) The Plant Protection Act (7 U.S.C. 7701 et
sec. (a), is 60 days after Nov. 25, 2002, see section 4 of seq.).
Pub. L. 107–296, set out as an Effective Date note under (5) The Animal Health Protection Act (sub-
section 101 of this title.
title E of title X of Public Law 107–171; 7
§ 218. Reports to Congress U.S.C. 8301 et seq.).
(6) The Lacey Act Amendments of 1981 (16
(a) Continuing reports U.S.C. 3371 et seq.).
The United States Customs Service shall, on
and after the effective date of this chapter, con- 1 So in original.
(7) Section 11 of the Endangered Species Act of Homeland Security to carry out authori-
of 1973 (16 U.S.C. 1540). ties delegated to the Animal and Plant
(c) Exclusion of quarantine activities Health Inspection Service regarding the pro-
tection of domestic livestock and plants.
For purposes of this section, the term ‘‘func-
tions’’ does not include any quarantine activi- (f) Periodic transfer of funds to Department of
ties carried out under the laws specified in sub- Homeland Security
section (b) of this section. (1) Transfer of funds
(d) Effect of transfer Out of funds collected by fees authorized
(1) Compliance with Department of Agriculture under sections 136 and 136a of title 21, the Sec-
regulations retary of Agriculture shall transfer, from time
to time in accordance with the agreement
The authority transferred pursuant to sub- under subsection (e) of this section, to the
section (a) of this section shall be exercised by Secretary funds for activities carried out by
the Secretary in accordance with the regula- the Secretary for which such fees were col-
tions, policies, and procedures issued by the lected.
Secretary of Agriculture regarding the admin- (2) Limitation
istration of the laws specified in subsection (b)
of this section. The proportion of fees collected pursuant to
such sections that are transferred to the Sec-
(2) Rulemaking coordination
retary under this subsection may not exceed
The Secretary of Agriculture shall coordi- the proportion of the costs incurred by the
nate with the Secretary whenever the Sec- Secretary to all costs incurred to carry out ac-
retary of Agriculture prescribes regulations, tivities funded by such fees.
policies, or procedures for administering the (g) Transfer of Department of Agriculture em-
functions transferred under subsection (a) of ployees
this section under a law specified in sub-
section (b) of this section. Not later than the completion of the transi-
tion period defined under section 541 of this
(3) Effective administration title, the Secretary of Agriculture shall transfer
The Secretary, in consultation with the Sec- to the Secretary not more than 3,200 full-time
retary of Agriculture, may issue such direc- equivalent positions of the Department of Agri-
tives and guidelines as are necessary to ensure culture.
the effective use of personnel of the Depart-
(Pub. L. 107–296, title IV, § 421, Nov. 25, 2002, 116
ment of Homeland Security to carry out the
Stat. 2182.)
functions transferred pursuant to subsection
(a) of this section. REFERENCES IN TEXT
(e) Transfer agreement The Virus-Serum-Toxin Act, referred to in subsec.
(1) Agreement required; revision (b)(1), is the eighth paragraph under the heading ‘‘Bu-
reau of Animal Industry’’ in act Mar. 4, 1913, ch. 145, 37
Before the end of the transition period, as Stat. 832, 833, as amended, which is classified generally
defined in section 541 of this title, the Sec- to chapter 5 (§ 151 et seq.) of Title 21, Food and Drugs.
retary of Agriculture and the Secretary shall For complete classification of this Act to the Code, see
enter into an agreement to effectuate the Short Title note set out under section 151 of Title 21
transfer of functions required by subsection and Tables.
The Federal Seed Act, referred to in subsec. (b)(3), is
(a) of this section. The Secretary of Agri- act Aug. 9, 1939, ch. 615, 53 Stat. 1275, as amended. Title
culture and the Secretary may jointly revise III of the Act is classified generally to subchapter III
the agreement as necessary thereafter. (§ 1581 et seq.) of chapter 37 of Title 7, Agriculture. For
(2) Required terms complete classification of this Act to the Code, see sec-
tion 1551 of Title 7 and Tables.
The agreement required by this subsection The Plant Protection Act, referred to in subsec.
shall specifically address the following: (b)(4), is title IV of Pub. L. 106–224, June 20, 2000, 114
(A) The supervision by the Secretary of Stat. 438, as amended, which is classified principally to
Agriculture of the training of employees of chapter 104 (§ 7701 et seq.) of Title 7, Agriculture. For
the Secretary to carry out the functions complete classification of this Act to the Code, see
transferred pursuant to subsection (a) of this Short Title note set out under section 7701 of Title 7
and Tables.
section.
The Animal Health Protection Act, referred to in
(B) The transfer of funds to the Secretary subsec. (b)(5), is subtitle E (§§ 10401–10418) of title X of
under subsection (f) of this section. Pub. L. 107–171, May 13, 2002, 116 Stat. 494, which is clas-
(3) Cooperation and reciprocity sified principally to chapter 109 (§ 8301 et seq.) of Title
7, Agriculture. For complete classification of this Act
The Secretary of Agriculture and the Sec- to the Code, see Short Title note set out under section
retary may include as part of the agreement 8301 of Title 7 and Tables.
the following: The Lacey Act Amendments of 1981, referred to in
(A) Authority for the Secretary to perform subsec. (b)(6), is Pub. L. 97–79, Nov. 16, 1981, 95 Stat.
functions delegated to the Animal and Plant 1073, as amended, which enacted chapter 53 (§ 3371 et
Health Inspection Service of the Department seq.) of Title 16, Conservation, amended section 1540 of
of Agriculture regarding the protection of Title 16 and section 42 of Title 18, Crimes and Criminal
Procedure, repealed sections 667e and 851 to 856 of Title
domestic livestock and plants, but not trans- 16 and sections 43, 44, 3054, and 3112 of Title 18, and en-
ferred to the Secretary pursuant to sub- acted provisions set out as notes under sections 1540
section (a) of this section. and 3371 of Title 16. For complete classification of this
(B) Authority for the Secretary of Agri- Act to the Code, see Short Title note set out under sec-
culture to use employees of the Department tion 3371 of Title 16 and Tables.
CODIFICATION (b) Report to Congress

Section is comprised of section 421 of Pub. L. 107–296. Not later than 60 days after November 25, 2002,
Subsec. (h) of section 421 of Pub. L. 107–296 amended the Secretary of Transportation shall transmit
sections 2279e and 2279f of Title 7, Agriculture. to Congress a report containing a plan for com-
§ 232. Functions of Administrator of General plying with the requirements of section 44901(d)
Services of title 49.
(a) Operation, maintenance, and protection of (c) Limitations on statutory construction
Federal buildings and grounds (1) Grant of authority
Nothing in this chapter may be construed to Nothing in this chapter may be construed to
affect the functions or authorities of the Admin- vest in the Secretary or any other official in
istrator of General Services with respect to the the Department any authority over transpor-
operation, maintenance, and protection of build- tation security that is not vested in the Under
ings and grounds owned or occupied by the Fed- Secretary of Transportation for Security, or
eral Government and under the jurisdiction, in the Secretary of Transportation under
custody, or control of the Administrator. Except chapter 449 of title 49 on the day before No-
for the law enforcement and related security vember 25, 2002.
functions transferred under section 203(3) of this (2) Obligation of AIP funds
title, the Administrator shall retain all powers, Nothing in this chapter may be construed to
functions, and authorities vested in the Admin- authorize the Secretary or any other official
istrator under chapter 1, except section in the Department to obligate amounts made
121(e)(2)(A), and chapters 5 to 11 of title 40 and available under section 48103 of title 49.
other provisions of law that are necessary for
the operation, maintenance, and protection of (Pub. L. 107–296, title IV, § 423, Nov. 25, 2002, 116
such buildings and grounds. Stat. 2185.)
(b) Collection of rents and fees; Federal Build- § 234. Preservation of Transportation Security
ings Fund Administration as a distinct entity
(1) Statutory construction
(a) In general
Nothing in this chapter may be construed—
(A) to direct the transfer of, or affect, the Notwithstanding any other provision of this
authority of the Administrator of General chapter, and subject to subsection (b) of this
Services to collect rents and fees, including section, the Transportation Security Adminis-
fees collected for protective services; or tration shall be maintained as a distinct entity
(B) to authorize the Secretary or any other within the Department under the Under Sec-
official in the Department to obligate retary for Border Transportation and Security.
amounts in the Federal Buildings Fund es- (b) Sunset
tablished by section 592 of title 40. Subsection (a) of this section shall cease to
(2) Use of transferred amounts apply 2 years after November 25, 2002.
Any amounts transferred by the Adminis- (Pub. L. 107–296, title IV, § 424, Nov. 25, 2002, 116
trator of General Services to the Secretary Stat. 2185.)
out of rents and fees collected by the Adminis-
trator shall be used by the Secretary solely for § 235. Coordination of information and informa-
the protection of buildings or grounds owned tion technology
or occupied by the Federal Government. (a) Definition of affected agency
(Pub. L. 107–296, title IV, § 422, Nov. 25, 2002, 116 In this section, the term ‘‘affected agency’’
Stat. 2184.) means—
CODIFICATION (1) the Department;
(2) the Department of Agriculture;
‘‘Chapter 1, except section 121(e)(2)(A), and chapters 5
to 11 of title 40’’ substituted in subsec. (a) for ‘‘chapter (3) the Department of Health and Human
10 of title 40’’ and ‘‘section 592 of title 40’’ substituted Services; and
in subsec. (b)(1)(B) for ‘‘section 490(f) of title 40’’ on au- (4) any other department or agency deter-
thority of Pub. L. 107–217, § 5(c), Aug. 21, 2002, 116 Stat. mined to be appropriate by the Secretary.
1303, the first section of which enacted Title 40, Public (b) Coordination
Buildings, Property, and Works.
The Secretary, in coordination with the Sec-
§ 233. Functions of Transportation Security Ad- retary of Agriculture, the Secretary of Health
ministration and Human Services, and the head of each other
(a) Consultation with Federal Aviation Adminis- department or agency determined to be appro-
tration priate by the Secretary, shall ensure that appro-
priate information (as determined by the Sec-
The Secretary and other officials in the De- retary) concerning inspections of articles that
partment shall consult with the Administrator are imported or entered into the United States,
of the Federal Aviation Administration before and are inspected or regulated by 1 or more af-
taking any action that might affect aviation fected agencies, is timely and efficiently ex-
safety, air carrier operations, aircraft airworthi- changed between the affected agencies.
ness, or the use of airspace. The Secretary shall
establish a liaison office within the Department (c) Report and plan
for the purpose of consulting with the Adminis- Not later than 18 months after November 25,
trator of the Federal Aviation Administration. 2002, the Secretary, in consultation with the
Secretary of Agriculture, the Secretary of (B) Section 204(d)(2) of the Immigration

Health and Human Services, and the head of and Nationality Act (8 U.S.C. 1154) (as it will
each other department or agency determined to take effect upon the entry into force of the
be appropriate by the Secretary, shall submit to Convention on Protection of Children and
Congress— Cooperation in Respect to Inter-Country
(1) a report on the progress made in imple- adoption).
menting this section; and (C) Section 212(a)(3)(B)(i)(IV)(bb) of the Im-
(2) a plan to complete implementation of migration and Nationality Act (8 U.S.C.
this section. 1182(a)(3)(B)(i)(IV)(bb)).
(Pub. L. 107–296, title IV, § 427, Nov. 25, 2002, 116 (D) Section 212(a)(3)(B)(i)(VI) of the Immi-
Stat. 2187.) gration and Nationality Act (8 U.S.C.
1182(a)(3)(B)(i)(VI)).
§ 236. Visa issuance (E) Section 212(a)(3)(B)(vi)(II) of the Immi-
gration and Nationality Act (8 U.S.C.
(a) Definition
1182(a)(3)(B)(vi)(II)).
In this subsection,1 the term ‘‘consular of- (F) Section 212(a)(3)(C) of the Immigration
fice’’ 2 has the meaning given that term under and Nationality Act (8 U.S.C. 1182(a)(3)(C)).
section 101(a)(9) of the Immigration and Nation- (G) Section 212(a)(10)(C) of the Immigra-
ality Act (8 U.S.C. 1101(a)(9)). tion and Nationality Act (8 U.S.C.
(b) In general 1182(a)(10)(C)).
Notwithstanding section 104(a) of the Immi- (H) Section 212(f) of the Immigration and
gration and Nationality Act (8 U.S.C. 1104(a)) or Nationality Act (8 U.S.C. 1182(f)).
any other provision of law, and except as pro- (I) Section 219(a) of the Immigration and
vided in subsection (c) of this section, the Sec- Nationality Act (8 U.S.C. 1189(a)).
retary— (J) Section 237(a)(4)(C) of the Immigration
(1) shall be vested exclusively with all au- and Nationality Act (8 U.S.C. 1227(a)(4)(C)).
thorities to issue regulations with respect to, (K) Section 401 of the Cuban Liberty and
administer, and enforce the provisions of such Democratic Solidarity (LIBERTAD) Act of
Act [8 U.S.C. 1101 et seq.], and of all other im- 1996 [22 U.S.C. 6091].
migration and nationality laws, relating to (L) Section 613 of the Departments of Com-
the functions of consular officers of the United merce, Justice, and State, the Judiciary and
States in connection with the granting or re- Related Agencies Appropriations Act, 1999 3
fusal of visas, and shall have the authority to (as contained in section 101(b) of division A
refuse visas in accordance with law and to de- of Public Law 105–277) (Omnibus Consoli-
velop programs of homeland security training dated and Emergency Supplemental Appro-
for consular officers (in addition to consular priations Act, 1999); 112 Stat. 2681; H.R. 4328
training provided by the Secretary of State), (originally H.R. 4276) as amended by section
which authorities shall be exercised through 617 of Public Law 106–553.
the Secretary of State, except that the Sec- (M) Section 103(f) of the Chemical Weapon
retary shall not have authority to alter or re- Convention Implementation Act of 1998 [22
verse the decision of a consular officer to U.S.C. 6713(f)] (112 Stat. 2681–865).
refuse a visa to an alien; and (N) Section 801 of H.R. 3427, the Admiral
(2) shall have authority to confer or impose James W. Nance and Meg Donovan Foreign
upon any officer or employee of the United Relations Authorization Act, Fiscal Years
States, with the consent of the head of the ex- 2000 and 2001 [8 U.S.C. 1182e], as enacted by
ecutive agency under whose jurisdiction such reference in Public Law 106–113.
officer or employee is serving, any of the func- (O) Section 568 of the Foreign Operations,
tions specified in paragraph (1). Export Financing, and Related Programs
Appropriations Act, 2002 (Public Law
(c) Authority of the Secretary of State
107–115).
(1) In general (P) Section 51 of the State Department
Notwithstanding subsection (b) of this sec- Basic Authorities Act of 1956 (22 U.S.C. 2723).
tion, the Secretary of State may direct a con- (d) Consular officers and chiefs of missions
sular officer to refuse a visa to an alien if the
(1) In general
Secretary of State deems such refusal nec-
essary or advisable in the foreign policy or se- Nothing in this section may be construed to
curity interests of the United States. alter or affect—
(2) Construction regarding authority (A) the employment status of consular of-
ficers as employees of the Department of
Nothing in this section, consistent with the State; or
Secretary of Homeland Security’s authority to (B) the authority of a chief of mission
refuse visas in accordance with law, shall be under section 207 of the Foreign Service Act
construed as affecting the authorities of the of 1980 (22 U.S.C. 3927).
Secretary of State under the following provi-
(2) Construction regarding delegation of au-
sions of law:
thority
(A) Section 101(a)(15)(A) of the Immigra-
tion and Nationality Act (8 U.S.C. Nothing in this section shall be construed to
1101(a)(15)(A)). affect any delegation of authority to the Sec-
retary of State by the President pursuant to
1 So in original. Probably should be ‘‘section’’.
2 So in original. Probably should be ‘‘ ‘consular officer’ ’’. 3 See References in Text note below.
any proclamation issued under section 212(f) of training to enable them to carry out such
the Immigration and Nationality Act (8 U.S.C. functions, including training in foreign lan-
1182(f)), consistent with the Secretary of guages, interview techniques, and fraud de-
Homeland Security’s authority to refuse visas tection techniques, in conditions in the par-
in accordance with law. ticular country where each employee is as-
(e) Assignment of Homeland Security employees signed, and in other appropriate areas of
to diplomatic and consular posts study.
(B) Use of Center
(1) In general
The Secretary is authorized to use the Na-
The Secretary is authorized to assign em- tional Foreign Affairs Training Center, on a
ployees of the Department to each diplomatic reimbursable basis, to obtain the training
and consular post at which visas are issued, described in subparagraph (A).
unless the Secretary determines that such an (7) Report
assignment at a particular post would not pro-
mote homeland security. Not later than 1 year after November 25,
2002, the Secretary and the Secretary of State
(2) Functions shall submit to Congress—
Employees assigned under paragraph (1) (A) a report on the implementation of this
shall perform the following functions: subsection; and
(A) Provide expert advice and training to (B) any legislative proposals necessary to
consular officers regarding specific security further the objectives of this subsection.
threats relating to the adjudication of indi- (8) Effective date
vidual visa applications or classes of applica- This subsection shall take effect on the ear-
tions. lier of—
(B) Review any such applications, either (A) the date on which the President pub-
on the initiative of the employee of the De- lishes notice in the Federal Register that
partment or upon request by a consular offi- the President has submitted a report to Con-
cer or other person charged with adjudi- gress setting forth a memorandum of under-
cating such applications. standing between the Secretary and the Sec-
(C) Conduct investigations with respect to retary of State governing the implementa-
consular matters under the jurisdiction of tion of this section; or
the Secretary. (B) the date occurring 1 year after Novem-
ber 25, 2002.
(3) Evaluation of consular officers
(f) No creation of private right of action
The Secretary of State shall evaluate, in
Nothing in this section shall be construed to
consultation with the Secretary, as deemed
create or authorize a private right of action to
appropriate by the Secretary, the performance
challenge a decision of a consular officer or
of consular officers with respect to the proc-
other United States official or employee to
essing and adjudication of applications for grant or deny a visa.
visas in accordance with performance stand-
ards developed by the Secretary for these pro- (g) Study regarding use of foreign nationals
cedures. (1) In general
(4) Report The Secretary of Homeland Security shall
conduct a study of the role of foreign nation-
The Secretary shall, on an annual basis, sub- als in the granting or refusal of visas and
mit a report to Congress that describes the other documents authorizing entry of aliens
basis for each determination under paragraph into the United States. The study shall ad-
(1) that the assignment of an employee of the dress the following:
Department at a particular diplomatic post (A) The proper role, if any, of foreign na-
would not promote homeland security. tionals in the process of rendering decisions
(5) Permanent assignment; participation in ter- on such grants and refusals.
rorist lookout committee (B) Any security concerns involving the
employment of foreign nationals.
When appropriate, employees of the Depart- (C) Whether there are cost-effective alter-
ment assigned to perform functions described natives to the use of foreign nationals.
in paragraph (2) may be assigned permanently (2) Report
to overseas diplomatic or consular posts with
country-specific or regional responsibility. If Not later than 1 year after November 25,
the Secretary so directs, any such employee, 2002, the Secretary shall submit a report con-
when present at an overseas post, shall par- taining the findings of the study conducted
under paragraph (1) to the Committee on the
ticipate in the terrorist lookout committee es-
Judiciary, the Committee on International
tablished under section 304 of the Enhanced
Relations, and the Committee on Government
Border Security and Visa Entry Reform Act of
Reform of the House of Representatives, and
2002 (8 U.S.C. 1733).
the Committee on the Judiciary, the Com-
(6) Training and hiring mittee on Foreign Relations, and the Com-
(A) In general mittee on Government 4 Affairs of the Senate.
The Secretary shall ensure, to the extent (h) Report
possible, that any employees of the Depart- Not later than 120 days after November 25,
ment assigned to perform functions under 2002, the Director of the Office of Science and
paragraph (2) and, as appropriate, consular
officers, shall be provided the necessary 4 So in original. Probably should be ‘‘Governmental’’.
Technology Policy shall submit to Congress a interoperable electronic data system, has indi-
report on how the provisions of this section will cated on the alien’s application that the infor-
affect procedures for the issuance of student mation has been reviewed, and has stated for
visas. the record why the visa is being issued or a
(i) Visa issuance program for Saudi Arabia waiver of visa ineligibility recommended in
spite of that information; and
Notwithstanding any other provision of law, (2) the alien may not be admitted to the
after November 25, 2002, all third party screening United States without a visa issued in accord-
programs in Saudi Arabia shall be terminated. ance with the procedures described in para-
On-site personnel of the Department of Home- graph (1).
land Security shall review all visa applications
prior to adjudication. (Pub. L. 107–296, title IV, § 429, Nov. 25, 2002, 116
Stat. 2191.)
(Pub. L. 107–296, title IV, § 428, Nov. 25, 2002, 116
Stat. 2187.) § 238. Office for Domestic Preparedness
REFERENCES IN TEXT (a) In general
The Immigration and Nationality Act, referred to in The Office for Domestic Preparedness shall be
subsec. (b)(1), is act June 27, 1952, ch. 477, 66 Stat. 163, within the Directorate of Border and Transpor-
as amended, which is classified principally to chapter tation Security.
12 (§ 1101 et seq.) of Title 8, Aliens and Nationality. For (b) Director
complete classification of this Act to the Code, see
There shall be a Director of the Office for Do-
and Tables. mestic Preparedness, who shall be appointed by
Section 613 of the Departments of Commerce, Justice, the President, by and with the advice and con-
and State, the Judiciary and Related Agencies Appro- sent of the Senate. The Director of the Office for
priations Act, 1999, referred to in subsec. (c)(2)(L), prob- Domestic Preparedness shall report directly to
ably means section 101(b) [title VI, § 616] of Pub. L. the Under Secretary for Border and Transpor-
105–277, div. A, Oct. 21, 1998, 112 Stat. 2681–50, 2681–114, tation Security.
as amended, which prohibits use of funds for issuance of
visas to persons alleged to have ordered, carried out, or
(c) Responsibilities
materially assisted in extrajudicial and political The Office for Domestic Preparedness shall
killings in Haiti and to certain others and is not classi- have the primary responsibility within the exec-
fied to the Code. utive branch of Government for the prepared-
Section 103(f) of the Chemical Weapon Convention ness of the United States for acts of terrorism,
Implementation Act of 1998, referred to in subsec.
including—
(c)(2)(M), probably means section 103(f) of the Chemical
(1) coordinating preparedness efforts at the
Weapons Convention Implementation Act of 1998, which
is classified to section 6713(f) of Title 22, Foreign Rela- Federal level, and working with all State,
tions and Intercourse. local, tribal, parish, and private sector emer-
Section 568 of the Foreign Operations, Export Financ- gency response providers on all matters per-
ing, and Related Programs Appropriations Act, 2002, re- taining to combating terrorism, including
ferred to in subsec. (c)(2)(O), is section 568 of title V of training, exercises, and equipment support;
Pub. L. 107–115, Jan. 10, 2002, 115 Stat. 2166, which is not (2) coordinating or, as appropriate, consoli-
classified to the Code. dating communications and systems of com-
CHANGE OF NAME munications relating to homeland security at
all levels of government;
References to National Foreign Affairs Training Cen- (3) directing and supervising terrorism pre-
ter considered to refer to George P. Shultz National
Foreign Affairs Training Center, see section 1(b) of
paredness grant programs of the Federal Gov-
Pub. L. 107–132, set out as a note under section 4021 of ernment (other than those programs adminis-
this title. tered by the Department of Health and Human
Committee on Governmental Affairs of Senate Services) for all emergency response providers;
changed to Committee on Homeland Security and Gov- (4) incorporating the Strategy priorities into
ernmental Affairs of Senate, effective Jan. 4, 2005, by planning guidance on an agency level for the
Senate Resolution No. 445, One Hundred Eighth Con- preparedness efforts of the Office for Domestic
gress, Oct. 9, 2004. Preparedness;
(5) providing agency-specific training for
§ 237. Information on visa denials required to be
agents and analysts within the Department,
entered into electronic data system
other agencies, and State and local agencies
(a) In general and international entities;
Whenever a consular officer of the United (6) as the lead executive branch agency for
States denies a visa to an applicant, the con- preparedness of the United States for acts of
sular officer shall enter the fact and the basis of terrorism, cooperating closely with the Fed-
the denial and the name of the applicant into eral Emergency Management Agency, which
the interoperable electronic data system imple- shall have the primary responsibility within
mented under section 1722(a) of title 8. the executive branch to prepare for and miti-
gate the effects of nonterrorist-related disas-
(b) Prohibition ters in the United States;
In the case of any alien with respect to whom (7) assisting and supporting the Secretary, in
a visa has been denied under subsection (a) of coordination with other Directorates and enti-
this section— ties outside the Department, in conducting ap-
(1) no subsequent visa may be issued to the propriate risk analysis and risk management
alien unless the consular officer considering activities of State, local, and tribal govern-
the alien’s visa application has reviewed the ments consistent with the mission and func-
information concerning the alien placed in the tions of the Directorate;
(8) those elements of the Office of National (A) shall establish the policies for per-
Preparedness of the Federal Emergency Man- forming such functions as are—
agement Agency which relate to terrorism, (i) transferred to the Under Secretary for
which shall be consolidated within the Depart- Border and Transportation Security by
ment in the Office for Domestic Preparedness section 251 of this title and delegated to
established under this section; and the Assistant Secretary by the Under Sec-
(9) helping to ensure the acquisition of inter- retary for Border and Transportation Se-
operable communication technology by State curity; or
and local governments and emergency re- (ii) otherwise vested in the Assistant
sponse providers. Secretary by law;
(d) Fiscal years 2003 and 2004 (B) shall oversee the administration of
During fiscal year 2003 and fiscal year 2004, the such policies; and
Director of the Office for Domestic Preparedness (C) shall advise the Under Secretary for
established under this section shall manage and Border and Transportation Security with re-
carry out those functions of the Office for Do- spect to any policy or operation of the Bu-
mestic Preparedness of the Department of Jus- reau of Border Security that may affect the
tice (transferred under this section) before Sep- Bureau of Citizenship and Immigration Serv-
tember 11, 2001, under the same terms, condi- ices established under part E of this sub-
tions, policies, and authorities, and with the re- chapter, including potentially conflicting
quired level of personnel, assets, and budget be- policies or operations.
fore September 11, 2001. (4) Program to collect information relating to
(Pub. L. 107–296, title IV, § 430, Nov. 25, 2002, 116 foreign students
Stat. 2191; Pub. L. 108–458, title VII, § 7303(h)(2), The Assistant Secretary of the Bureau of
Dec. 17, 2004, 118 Stat. 3847.) Border Security shall be responsible for ad-
AMENDMENTS ministering the program to collect informa-
2004—Subsec. (c)(9). Pub. L. 108–458 added par. (9).
tion relating to nonimmigrant foreign stu-
dents and other exchange program partici-
PART D—IMMIGRATION ENFORCEMENT FUNCTIONS pants described in section 1372 of title 8, in-
cluding the Student and Exchange Visitor In-
§ 251. Transfer of functions to Under Secretary formation System established under that sec-
for Border and Transportation Security tion, and shall use such information to carry
In accordance with subchapter XII of this out the enforcement functions of the Bureau.
chapter (relating to transition provisions), there (5) Managerial rotation program
shall be transferred from the Commissioner of (A) In general
Immigration and Naturalization to the Under
Secretary for Border and Transportation Secu- Not later than 1 year after the date on
rity all functions performed under the following which the transfer of functions specified
programs, and all personnel, assets, and liabil- under section 251 of this title takes effect,
ities pertaining to such programs, immediately the Assistant Secretary of the Bureau of
before such transfer occurs: Border Security shall design and implement
(1) The Border Patrol program. a managerial rotation program under which
(2) The detention and removal program. employees of such bureau holding positions
(3) The intelligence program. involving supervisory or managerial respon-
(4) The investigations program. sibility and classified, in accordance with
(5) The inspections program. chapter 51 of title 5, as a GS–14 or above,
(Pub. L. 107–296, title IV, § 441, Nov. 25, 2002, 116 shall—
Stat. 2192.) (i) gain some experience in all the major
functions performed by such bureau; and
§ 252. Establishment of Bureau of Border Secu- (ii) work in at least one local office of
rity such bureau.
(a) Establishment of Bureau (B) Report
(1) In general Not later than 2 years after the date on
There shall be in the Department of Home- which the transfer of functions specified
land Security a bureau to be known as the under section 251 of this title takes effect,
‘‘Bureau of Border Security’’. the Secretary shall submit a report to the
Congress on the implementation of such pro-
(2) Assistant Secretary
gram.
The head of the Bureau of Border Security (b) Chief of Policy and Strategy
shall be the Assistant Secretary of the Bureau
(1) In general
of Border Security, who—
(A) shall report directly to the Under Sec- There shall be a position of Chief of Policy
retary for Border and Transportation Secu- and Strategy for the Bureau of Border Secu-
rity; and rity.
(B) shall have a minimum of 5 years pro- (2) Functions
fessional experience in law enforcement, and
In consultation with Bureau of Border Secu-
a minimum of 5 years of management expe-
rity personnel in local offices, the Chief of Pol-
rience.
icy and Strategy shall be responsible for—
(3) Functions (A) making policy recommendations and
The Assistant Secretary of the Bureau of performing policy research and analysis on
Border Security— immigration enforcement issues; and
(B) coordinating immigration policy issues employee of the Bureau of Border Security who
with the Chief of Policy and Strategy for the willfully deceives the Congress or agency leader-
Bureau of Citizenship and Immigration Serv- ship on any matter.
ices (established under part E of this sub-
(Pub. L. 107–296, title IV, § 444, Nov. 25, 2002, 116
chapter), as appropriate.
Stat. 2194.)
(c) Legal advisor
CHANGE OF NAME
There shall be a principal legal advisor to the
Assistant Secretary of the Bureau of Border Se- Bureau of Border Security, referred to in text,
changed to Bureau of Immigration and Customs En-
curity. The legal advisor shall provide special- forcement by Reorganization Plan Modification for the
ized legal advice to the Assistant Secretary of Department of Homeland Security, eff. Mar. 1, 2003, H.
the Bureau of Border Security and shall rep- Doc. No. 108–32, 108th Congress, 1st Session, set out as
resent the bureau in all exclusion, deportation, a note under section 542 of this title.
and removal proceedings before the Executive
Office for Immigration Review. § 255. Report on improving enforcement func-
tions
(Pub. L. 107–296, title IV, § 442, Nov. 25, 2002, 116
Stat. 2193.) (a) In general
REFERENCES IN TEXT The Secretary, not later than 1 year after
being sworn into office, shall submit to the
Part E of this subchapter, referred to in subsecs. Committees on Appropriations and the Judici-
(a)(3)(C) and (b)(2)(B), was in the original ‘‘subtitle E’’,
meaning subtitle E (§§ 451–462) of title IV of Pub. L.
ary of the House of Representatives and of the
107–296, Nov. 25, 2002, 116 Stat. 2195, which enacted part Senate a report with a plan detailing how the
E (§ 271 et seq.) of this subchapter, amended sections Bureau of Border Security, after the transfer of
1356 and 1573 of Title 8, Aliens and Nationality, and en- functions specified under section 251 of this title
acted provisions set out as a note under section 271 of takes effect, will enforce comprehensively, effec-
this title. For complete classification of subtitle E to tively, and fairly all the enforcement provisions
the Code, see Tables. of the Immigration and Nationality Act (8
CHANGE OF NAME U.S.C. 1101 et seq.) relating to such functions.
Bureau of Border Security, referred to in section (b) Consultation
catchline and text, changed to Bureau of Immigration In carrying out subsection (a) of this section,
and Customs Enforcement by Reorganization Plan the Secretary of Homeland Security shall con-
Modification for the Department of Homeland Secu- sult with the Attorney General, the Secretary of
rity, eff. Mar. 1, 2003, H. Doc. No. 108–32, 108th Congress,
1st Session, set out as a note under section 542 of this
State, the Director of the Federal Bureau of In-
title. vestigation, the Secretary of the Treasury, the
Secretary of Labor, the Commissioner of Social
§ 253. Professional responsibility and quality re- Security, the Director of the Executive Office
view for Immigration Review, and the heads of State
and local law enforcement agencies to deter-
The Under Secretary for Border and Transpor- mine how to most effectively conduct enforce-
tation Security shall be responsible for— ment operations.
(1) conducting investigations of noncriminal
allegations of misconduct, corruption, and (Pub. L. 107–296, title IV, § 445, Nov. 25, 2002, 116
fraud involving any employee of the Bureau of Stat. 2194.)
Border Security that are not subject to inves- REFERENCES IN TEXT
tigation by the Inspector General for the De-
partment; The Immigration and Nationality Act, referred to in
subsec. (a), is act June 27, 1952, ch. 477, 66 Stat. 163, as
(2) inspecting the operations of the Bureau
amended, which is classified principally to chapter 12
of Border Security and providing assessments (§ 1101 et seq.) of Title 8, Aliens and Nationality. For
of the quality of the operations of such bureau complete classification of this Act to the Code, see
as a whole and each of its components; and Short Title note set out under section 1101 of Title 8
(3) providing an analysis of the management and Tables.
of the Bureau of Border Security.
CHANGE OF NAME
(Pub. L. 107–296, title IV, § 443, Nov. 25, 2002, 116 Bureau of Border Security, referred to in subsec. (a),
Stat. 2194.) changed to Bureau of Immigration and Customs En-
CHANGE OF NAME forcement by Reorganization Plan Modification for the
Department of Homeland Security, eff. Mar. 1, 2003, H.
Bureau of Border Security, referred to in text, Doc. No. 108–32, 108th Congress, 1st Session, set out as
changed to Bureau of Immigration and Customs En- a note under section 542 of this title.
forcement by Reorganization Plan Modification for the
Department of Homeland Security, eff. Mar. 1, 2003, H. § 256. Sense of Congress regarding construction
Doc. No. 108–32, 108th Congress, 1st Session, set out as of fencing near San Diego, California
a note under section 542 of this title.
It is the sense of the Congress that completing
§ 254. Employee discipline the 14-mile border fence project required to be
The Under Secretary for Border and Transpor- carried out under section 102(b) of the Illegal
Immigration Reform and Immigrant Responsi-
tation Security may, notwithstanding any other
bility Act of 1996 (8 U.S.C. 1103 note) should be
provision of law, impose disciplinary action, in-
a priority for the Secretary.
cluding termination of employment, pursuant to
policies and procedures applicable to employees (Pub. L. 107–296, title IV, § 446, Nov. 25, 2002, 116
of the Federal Bureau of Investigation, on any Stat. 2195.)
REFERENCES IN TEXT (ii) work in at least one field office and

Section 102(b) of the Illegal Immigration Reform and one service center of such bureau.
Immigrant Responsibility Act of 1996, referred to in (B) Report
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 Not later than 2 years after the effective
Title 8, Aliens and Nationality. date specified in section 455,1 the Secretary
shall submit a report to Congress on the im-
PART E—CITIZENSHIP AND IMMIGRATION plementation of such program.
SERVICES
(5) Pilot initiatives for backlog elimination
§ 271. Establishment of Bureau of Citizenship The Director of the Bureau of Citizenship
and Immigration Services and Immigration Services is authorized to im-
(a) Establishment of Bureau plement innovative pilot initiatives to elimi-
(1) In general nate any remaining backlog in the processing
There shall be in the Department a bureau of immigration benefit applications, and to
to be known as the ‘‘Bureau of Citizenship and prevent any backlog in the processing of such
Immigration Services’’. applications from recurring, in accordance
with section 1573(a) of title 8. Such initiatives
(2) Director
may include measures such as increasing per-
The head of the Bureau of Citizenship and sonnel, transferring personnel to focus on
Immigration Services shall be the Director of areas with the largest potential for backlog,
the Bureau of Citizenship and Immigration and streamlining paperwork.
Services, who—
(A) shall report directly to the Deputy (b) Transfer of functions from Commissioner
Secretary; In accordance with subchapter XII of this
(B) shall have a minimum of 5 years of chapter (relating to transition provisions), there
management experience; and are transferred from the Commissioner of Immi-
(C) shall be paid at the same level as the gration and Naturalization to the Director of
Assistant Secretary of the Bureau of Border the Bureau of Citizenship and Immigration
Security. Services the following functions, and all per-
(3) Functions sonnel, infrastructure, and funding provided to
The Director of the Bureau of Citizenship the Commissioner in support of such functions
and Immigration Services— immediately before the effective date specified
(A) shall establish the policies for per- in section 455: 1
forming such functions as are transferred to (1) Adjudications of immigrant visa peti-
the Director by this section or this chapter tions.
or otherwise vested in the Director by law; (2) Adjudications of naturalization petitions.
(B) shall oversee the administration of (3) Adjudications of asylum and refugee ap-
such policies; plications.
(C) shall advise the Deputy Secretary with (4) Adjudications performed at service cen-
respect to any policy or operation of the Bu- ters.
reau of Citizenship and Immigration Serv- (5) All other adjudications performed by the
ices that may affect the Bureau of Border Immigration and Naturalization Service im-
Security of the Department, including po- mediately before the effective date specified in
tentially conflicting policies or operations; section 455.1
(D) shall establish national immigration
services policies and priorities; (c) Chief of Policy and Strategy
(E) shall meet regularly with the Ombuds- (1) In general
man described in section 272 of this title to There shall be a position of Chief of Policy
correct serious service problems identified and Strategy for the Bureau of Citizenship and
by the Ombudsman; and Immigration Services.
(F) shall establish procedures requiring a
formal response to any recommendations (2) Functions
submitted in the Ombudsman’s annual re- In consultation with Bureau of Citizenship
port to Congress within 3 months after its and Immigration Services personnel in field
submission to Congress. offices, the Chief of Policy and Strategy shall
(4) Managerial rotation program be responsible for—
(A) In general (A) making policy recommendations and
performing policy research and analysis on
Not later than 1 year after the effective
immigration services issues; and
date specified in section 455,1 the Director of
the Bureau of Citizenship and Immigration (B) coordinating immigration policy issues
Services shall design and implement a mana- with the Chief of Policy and Strategy for the
gerial rotation program under which em- Bureau of Border Security of the Depart-
ployees of such bureau holding positions in- ment.
volving supervisory or managerial responsi- (d) Legal advisor
bility and classified, in accordance with (1) In general
chapter 51 of title 5, as a GS–14 or above,
There shall be a principal legal advisor to
shall—
(i) gain some experience in all the major the Director of the Bureau of Citizenship and
functions performed by such bureau; and Immigration Services.
(2) Functions
1 See References in Text note below. The legal advisor shall be responsible for—
(A) providing specialized legal advice, under section 441 takes effect, see section 251 of this
opinions, determinations, regulations, and title and Department of Homeland Security Reorga-
any other assistance to the Director of the nization Plan, Nov. 25, 2002, set out as a note under sec-
tion 542 of this title.]
Bureau of Citizenship and Immigration Serv-
ices with respect to legal matters affecting § 272. Citizenship and Immigration Services Om-
the Bureau of Citizenship and Immigration budsman
Services; and
(B) representing the Bureau of Citizenship (a) In general
and Immigration Services in visa petition Within the Department, there shall be a posi-
appeal proceedings before the Executive Of- tion of Citizenship and Immigration Services
fice for Immigration Review. Ombudsman (in this section referred to as the
(e) Budget Officer ‘‘Ombudsman’’). The Ombudsman shall report
directly to the Deputy Secretary. The Ombuds-
(1) In general
man shall have a background in customer serv-
There shall be a Budget Officer for the Bu- ice as well as immigration law.
reau of Citizenship and Immigration Services. (b) Functions
(2) Functions
It shall be the function of the Ombudsman—
(A) In general (1) to assist individuals and employers in re-
The Budget Officer shall be responsible solving problems with the Bureau of Citizen-
for— ship and Immigration Services;
(i) formulating and executing the budget (2) to identify areas in which individuals and
of the Bureau of Citizenship and Immigra- employers have problems in dealing with the
tion Services; Bureau of Citizenship and Immigration Serv-
(ii) financial management of the Bureau ices; and
of Citizenship and Immigration Services; (3) to the extent possible, to propose changes
and in the administrative practices of the Bureau
(iii) collecting all payments, fines, and of Citizenship and Immigration Services to
other debts for the Bureau of Citizenship mitigate problems identified under paragraph
and Immigration Services. (2).
(f) Chief of Office of Citizenship (c) Annual reports
(1) In general (1) Objectives
There shall be a position of Chief of the Of- Not later than June 30 of each calendar year,
fice of Citizenship for the Bureau of Citizen- the Ombudsman shall report to the Committee
ship and Immigration Services. on the Judiciary of the House of Representa-
tives and the Senate on the objectives of the
(2) Functions
Office of the Ombudsman for the fiscal year
The Chief of the Office of Citizenship for the beginning in such calendar year. Any such re-
Bureau of Citizenship and Immigration Serv- port shall contain full and substantive anal-
ices shall be responsible for promoting in- ysis, in addition to statistical information,
struction and training on citizenship respon- and—
sibilities for aliens interested in becoming (A) shall identify the recommendations
naturalized citizens of the United States, in- the Office of the Ombudsman has made on
cluding the development of educational mate- improving services and responsiveness of the
rials. Bureau of Citizenship and Immigration Serv-
(Pub. L. 107–296, title IV, § 451, Nov. 25, 2002, 116 ices;
Stat. 2195.) (B) shall contain a summary of the most
pervasive and serious problems encountered
REFERENCES IN TEXT by individuals and employers, including a
For the effective date specified in section 455, re- description of the nature of such problems;
ferred to in subsecs. (a)(4) and (b), see Effective Date (C) shall contain an inventory of the items
note below. described in subparagraphs (A) and (B) for
CHANGE OF NAME which action has been taken and the result
of such action;
Bureau of Border Security, referred to in subsecs. (D) shall contain an inventory of the items
(a)(2)(C), (3)(C), and (c)(2)(B), changed to Bureau of Im-
described in subparagraphs (A) and (B) for
migration and Customs Enforcement by Reorganization
Plan Modification for the Department of Homeland Se- which action remains to be completed and
curity, eff. Mar. 1, 2003, H. Doc. No. 108–32, 108th Con- the period during which each item has re-
gress, 1st Session, set out as a note under section 542 of mained on such inventory;
this title. (E) shall contain an inventory of the items
described in subparagraphs (A) and (B) for
EFFECTIVE DATE
which no action has been taken, the period
Pub. L. 107–296, title IV, § 455, Nov. 25, 2002, 116 Stat. during which each item has remained on
2200, provided that: ‘‘Notwithstanding section 4 [enact- such inventory, the reasons for the inaction,
ing provisions set out as a note under section 101 of this and shall identify any official of the Bureau
title], sections 451 through 456 [enacting this section
and sections 272 to 275 of this title], and the amend-
of Citizenship and Immigration Services who
ments made by such sections, shall take effect on the is responsible for such inaction;
date on which the transfer of functions specified under (F) shall contain recommendations for
section 441 [enacting section 251 of this title] takes ef- such administrative action as may be appro-
fect.’’ [For date on which transfer of functions specified priate to resolve problems encountered by
individuals and employers, including prob- (B) may consult with the appropriate su-
lems created by excessive backlogs in the pervisory personnel of the Bureau of Citizen-
adjudication and processing of immigration ship and Immigration Services regarding the
benefit petitions and applications; and daily operation of the local office of such
(G) shall include such other information as ombudsman;
the Ombudsman may deem advisable. (C) shall, at the initial meeting with any
(2) Report to be submitted directly individual or employer seeking the assist-
ance of such local office, notify such indi-
Each report required under this subsection vidual or employer that the local offices of
shall be provided directly to the committees the Ombudsman operate independently of
described in paragraph (1) without any prior any other component of the Department and
comment or amendment from the Secretary, report directly to Congress through the Om-
Deputy Secretary, Director of the Bureau of budsman; and
Citizenship and Immigration Services, or any (D) at the local ombudsman’s discretion,
other officer or employee of the Department may determine not to disclose to the Bureau
or the Office of Management and Budget. of Citizenship and Immigration Services
(d) Other responsibilities contact with, or information provided by,
The Ombudsman— such individual or employer.
(1) shall monitor the coverage and geo- (2) Maintenance of independent communica-
graphic allocation of local offices of the Om- tions
budsman; Each local office of the Ombudsman shall
(2) shall develop guidance to be distributed maintain a phone, facsimile, and other means
to all officers and employees of the Bureau of of electronic communication access, and a
Citizenship and Immigration Services out- post office address, that is separate from those
lining the criteria for referral of inquiries to maintained by the Bureau of Citizenship and
local offices of the Ombudsman; Immigration Services, or any component of
(3) shall ensure that the local telephone the Bureau of Citizenship and Immigration
number for each local office of the Ombuds- Services.
man is published and available to individuals
and employers served by the office; and (Pub. L. 107–296, title IV, § 452, Nov. 25, 2002, 116
(4) shall meet regularly with the Director of Stat. 2197.)
the Bureau of Citizenship and Immigration EFFECTIVE DATE
Services to identify serious service problems
Section effective on the date on which the transfer of
and to present recommendations for such ad- functions specified under section 251 of this title takes
ministrative action as may be appropriate to effect, see section 455 of Pub. L. 107–296, set out as a
resolve problems encountered by individuals note under section 271 of this title.
and employers.
(e) Personnel actions § 273. Professional responsibility and quality re-
view
(1) In general
(a) In general
The Ombudsman shall have the responsi-
bility and authority— The Director of the Bureau of Citizenship and
(A) to appoint local ombudsmen and make Immigration Services shall be responsible for—
available at least 1 such ombudsman for (1) conducting investigations of noncriminal
each State; and allegations of misconduct, corruption, and
(B) to evaluate and take personnel actions fraud involving any employee of the Bureau of
(including dismissal) with respect to any Citizenship and Immigration Services that are
employee of any local office of the Ombuds- not subject to investigation by the Inspector
man. General for the Department;
(2) inspecting the operations of the Bureau
(2) Consultation of Citizenship and Immigration Services and
The Ombudsman may consult with the ap- providing assessments of the quality of the op-
propriate supervisory personnel of the Bureau erations of such bureau as a whole and each of
of Citizenship and Immigration Services in its components; and
carrying out the Ombudsman’s responsibilities (3) providing an analysis of the management
under this subsection. of the Bureau of Citizenship and Immigration
(f) Responsibilities of Bureau of Citizenship and Services.
Immigration Services (b) Special considerations
The Director of the Bureau of Citizenship and In providing assessments in accordance with
Immigration Services shall establish procedures subsection (a)(2) of this section with respect to
requiring a formal response to all recommenda- a decision of the Bureau of Citizenship and Im-
tions submitted to such director by the Ombuds- migration Services, or any of its components,
man within 3 months after submission to such consideration shall be given to—
director. (1) the accuracy of the findings of fact and
(g) Operation of local offices conclusions of law used in rendering the deci-
sion;
(1) In general (2) any fraud or misrepresentation associ-
Each local ombudsman— ated with the decision; and
(A) shall report to the Ombudsman or the (3) the efficiency with which the decision
delegate thereof; was rendered.
(Pub. L. 107–296, title IV, § 453, Nov. 25, 2002, 116 tions, allocations, and other funds employed,
Stat. 2199.) held, used, arising from, available to, or to be
EFFECTIVE DATE
made available to, the Immigration and Natu-
ralization Service in connection with the func-
Section effective on the date on which the transfer of tions transferred by this part, subject to sec-
functions specified under section 251 of this title takes tion 1531 of title 31, shall be transferred to the
effect, see section 455 of Pub. L. 107–296, set out as a
note under section 271 of this title.
Director of the Bureau of Citizenship and Im-
migration Services for allocation to the appro-
§ 274. Employee discipline priate component of the Department. Unex-
pended funds transferred pursuant to this
The Director of the Bureau of Citizenship and paragraph shall be used only for the purposes
Immigration Services may, notwithstanding any for which the funds were originally authorized
other provision of law, impose disciplinary ac- and appropriated. The Secretary shall have
tion, including termination of employment, pur- the right to adjust or realign transfers of
suant to policies and procedures applicable to funds and personnel effected pursuant to this
employees of the Federal Bureau of Investiga- part for a period of 2 years after the effective
tion, on any employee of the Bureau of Citizen- date specified in section 455.1
ship and Immigration Services who willfully de-
ceives Congress or agency leadership on any (Pub. L. 107–296, title IV, § 456, Nov. 25, 2002, 116
matter. Stat. 2200.)
(Pub. L. 107–296, title IV, § 454, Nov. 25, 2002, 116 REFERENCES IN TEXT
Stat. 2200.) This part, referred to in text, was in the original
‘‘this subtitle’’, meaning subtitle E (§§ 451–462) of title
EFFECTIVE DATE IV of Pub. L. 107–296, Nov. 25, 2002, 116 Stat. 2195, which
Section effective on the date on which the transfer of enacted this part, amended sections 1356 and 1573 of
functions specified under section 251 of this title takes Title 8, Aliens and Nationality, and enacted provisions
effect, see section 455 of Pub. L. 107–296, set out as a set out as a note under section 271 of this title. For
note under section 271 of this title. complete classification of subtitle E to the Code, see
Tables.
§ 275. Transition For the effective date specified in section 455, re-
ferred to in text, see section 455 of Pub. L. 107–296, set
(a) References out as an Effective Date note under section 271 of this
With respect to any function transferred by title.
this part to, and exercised on or after the effec- CODIFICATION
tive date specified in section 455 1 by, the Direc- In subsec. (b)(2), ‘‘section 1531 of title 31’’ substituted
tor of the Bureau of Citizenship and Immigra- for ‘‘section 202 of the Budget and Accounting Proce-
tion Services, any reference in any other Fed- dures Act of 1950’’ on authority of Pub. L. 97–258, § 4(b),
eral law, Executive order, rule, regulation, or Sept. 13, 1982, 96 Stat. 1067, the first section of which
delegation of authority, or any document of or enacted Title 31, Money and Finance.
pertaining to a component of government from EFFECTIVE DATE
which such function is transferred—
Section effective on the date on which the transfer of
(1) to the head of such component is deemed functions specified under section 251 of this title takes
to refer to the Director of the Bureau of Citi- effect, see section 455 of Pub. L. 107–296, set out as a
zenship and Immigration Services; or note under section 271 of this title.
(2) to such component is deemed to refer to
the Bureau of Citizenship and Immigration § 276. Report on improving immigration services
Services. (a) In general
(b) Other transition issues The Secretary, not later than 1 year after the
(1) Exercise of authorities effective date of this chapter, shall submit to
the Committees on the Judiciary and Appropria-
Except as otherwise provided by law, a Fed-
tions of the House of Representatives and of the
eral official to whom a function is transferred
Senate a report with a plan detailing how the
by this part may, for purposes of performing
Bureau of Citizenship and Immigration Services,
the function, exercise all authorities under
after the transfer of functions specified in this
any other provision of law that were available
part takes effect, will complete efficiently, fair-
with respect to the performance of that func-
ly, and within a reasonable time, the adjudica-
tion to the official responsible for the perform-
tions described in paragraphs (1) through (5) of
ance of the function immediately before the
section 271(b) of this title.
effective date specified in section 455.1
(b) Contents
(2) Transfer and allocation of appropriations
and personnel For each type of adjudication to be under-
taken by the Director of the Bureau of Citizen-
The personnel of the Department of Justice ship and Immigration Services, the report shall
employed in connection with the functions include the following:
transferred by this part (and functions that (1) Any potential savings of resources that
the Secretary determines are properly related may be implemented without affecting the
to the functions of the Bureau of Citizenship quality of the adjudication.
and Immigration Services), and the assets, li- (2) The goal for processing time with respect
abilities, contracts, property, records, and un- to the application.
expended balance of appropriations, authoriza- (3) Any statutory modifications with respect
to the adjudication that the Secretary con-
1 See References in Text note below. siders advisable.
(c) Consultation gration and Naturalization Service relating to

In carrying out subsection (a) of this section, the immigration services and processing of fil-
the Secretary shall consult with the Secretary ings related to immigrant services. The study
of State, the Secretary of Labor, the Assistant shall also include an estimate of the time-
Secretary of the Bureau of Border Security of frame and cost and shall consider other fac-
the Department, and the Director of the Execu- tors in implementing such a filing system, in-
tive Office for Immigration Review to determine cluding the feasibility of fee payment online.
how to streamline and improve the process for (2) Report
applying for and making adjudications described A report on the study under this subsection
in section 271(b) of this title and related proc- shall be submitted to the Committees on the
esses. Judiciary of the House of Representatives and
(Pub. L. 107–296, title IV, § 459, Nov. 25, 2002, 116 the Senate not later than 1 year after the ef-
Stat. 2201.) fective date of this chapter.
(c) Technology Advisory Committee
REFERENCES IN TEXT
(1) Establishment
The effective date of this chapter, referred to in sub-
sec. (a), is 60 days after Nov. 25, 2002, see section 4 of
The Secretary shall establish, not later than
Pub. L. 107–296, set out as an Effective Date note under 60 days after the effective date of this chapter,
section 101 of this title. an advisory committee (in this section re-
ferred to as the ‘‘Technology Advisory Com-
CHANGE OF NAME mittee’’) to assist the Secretary in—
Bureau of Border Security, referred to in subsec. (c), (A) establishing the tracking system under
changed to Bureau of Immigration and Customs En- subsection (a) of this section; and
forcement by Reorganization Plan Modification for the (B) conducting the study under subsection
Department of Homeland Security, eff. Mar. 1, 2003, H. (b) of this section.
Doc. No. 108–32, 108th Congress, 1st Session, set out as
a note under section 542 of this title. The Technology Advisory Committee shall be
established after consultation with the Com-
§ 277. Report on responding to fluctuating needs mittees on the Judiciary of the House of Rep-
Not later than 30 days after November 25, 2002, resentatives and the Senate.
the Attorney General shall submit to Congress a (2) Composition
report on changes in law, including changes in The Technology Advisory Committee shall
authorizations of appropriations and in appro- be composed of representatives from high
priations, that are needed to permit the Immi- technology companies capable of establishing
gration and Naturalization Service, and, after and implementing the system in an expedi-
the transfer of functions specified in this part tious manner, and representatives of persons
takes effect, the Bureau of Citizenship and Im- who may use the tracking system described in
migration Services of the Department, to ensure subsection (a) of this section and the online
a prompt and timely response to emergent, un- filing system described in subsection (b)(1) of
foreseen, or impending changes in the number of this section.
applications for immigration benefits, and oth-
(Pub. L. 107–296, title IV, § 461, Nov. 25, 2002, 116
erwise to ensure the accommodation of changing
Stat. 2202.)
immigration service needs.
REFERENCES IN TEXT
(Pub. L. 107–296, title IV, § 460, Nov. 25, 2002, 116
Stat. 2201.) The effective date of this chapter, referred to in sub-
secs. (a), (b)(2), and (c)(1), is 60 days after Nov. 25, 2002,
§ 278. Application of Internet-based technologies see section 4 of Pub. L. 107–296, set out as an Effective
Date note under section 101 of this title.
(a) Establishment of tracking system The Immigration and Nationality Act, referred to in
subsec. (a), is act June 27, 1952, ch. 477, 66 Stat. 163, as
The Secretary, not later than 1 year after the amended, which is classified principally to chapter 12
effective date of this chapter, in consultation (§ 1101 et seq.) of Title 8, Aliens and Nationality. For
with the Technology Advisory Committee estab- complete classification of this Act to the Code, see
lished under subsection (c) of this section, shall Short Title note set out under section 1101 of Title 8
establish an Internet-based system, that will and Tables.
permit a person, employer, immigrant, or non- TERMINATION OF ADVISORY COMMITTEES
immigrant who has filings with the Secretary
for any benefit under the Immigration and Na- Advisory committees established after Jan. 5, 1973, to
terminate not later than the expiration of the 2-year
tionality Act (8 U.S.C. 1101 et seq.), access to on-
period beginning on date of their establishment, unless,
line information about the processing status of in the case of a committee established by the President
the filing involved. or an officer of the Federal Government, such com-
(b) Feasibility study for online filing and im- mittee is renewed by appropriate action prior to expi-
proved processing ration of such 2-year period, or in the case of a com-
mittee established by Congress, its duration is other-
(1) Online filing wise provided for by law. See section 14 of Pub. L.
The Secretary, in consultation with the 92–463, Oct. 6, 1972, 86 Stat. 776, set out in the Appendix
Technology Advisory Committee established to Title 5, Government Organization and Employees.
under subsection (c) of this section, shall con- § 279. Children’s affairs
duct a feasibility study on the online filing of
the filings described in subsection (a) of this (a) Transfer of functions
section. The study shall include a review of There are transferred to the Director of the
computerization and technology of the Immi- Office of Refugee Resettlement of the Depart-
ment of Health and Human Services functions (v) the disposition of any actions in
under the immigration laws of the United States which the child is the subject;
with respect to the care of unaccompanied alien (K) collecting and compiling statistical in-
children that were vested by statute in, or per- formation from the Department of Justice,
formed by, the Commissioner of Immigration the Department of Homeland Security, and
and Naturalization (or any officer, employee, or the Department of State on each depart-
component of the Immigration and Naturaliza- ment’s actions relating to unaccompanied
tion Service) immediately before the effective alien children; and
date specified in subsection (d) of this section. (L) conducting investigations and inspec-
(b) Functions tions of facilities and other entities in which
(1) In general unaccompanied alien children reside.
Pursuant to the transfer made by subsection (2) Coordination with other entities; no release
(a) of this section, the Director of the Office of on own recognizance
Refugee Resettlement shall be responsible In making determinations described in para-
for— graph (1)(C), the Director of the Office of Ref-
(A) coordinating and implementing the ugee Resettlement—
care and placement of unaccompanied alien (A) shall consult with appropriate juvenile
children who are in Federal custody by rea- justice professionals, the Director of the Bu-
son of their immigration status, including reau of Citizenship and Immigration Serv-
developing a plan to be submitted to Con- ices, and the Assistant Secretary of the Bu-
gress on how to ensure that qualified and reau of Border Security to ensure that such
independent legal counsel is timely ap- determinations ensure that unaccompanied
pointed to represent the interests of each alien children described in such subpara-
such child, consistent with the law regarding graph—
appointment of counsel that is in effect on (i) are likely to appear for all hearings or
November 25, 2002; proceedings in which they are involved;
(B) ensuring that the interests of the child (ii) are protected from smugglers, traf-
are considered in decisions and actions relat- fickers, or others who might seek to vic-
ing to the care and custody of an unaccom- timize or otherwise engage them in crimi-
panied alien child; nal, harmful, or exploitive activity; and
(C) making placement determinations for (iii) are placed in a setting in which they
all unaccompanied alien children who are in are not likely to pose a danger to them-
Federal custody by reason of their immigra- selves or others; and
tion status; (B) shall not release such children upon
(D) implementing the placement deter-
their own recognizance.
minations;
(E) implementing policies with respect to (3) Duties with respect to foster care
the care and placement of unaccompanied In carrying out the duties described in para-
alien children; graph (1)(G), the Director of the Office of Ref-
(F) identifying a sufficient number of ugee Resettlement is encouraged to use the
qualified individuals, entities, and facilities refugee children foster care system established
to house unaccompanied alien children; pursuant to section 412(d) of the Immigration
(G) overseeing the infrastructure and per- and Nationality Act (8 U.S.C. 1522(d)) for the
sonnel of facilities in which unaccompanied placement of unaccompanied alien children.
alien children reside; (c) Rule of construction
(H) reuniting unaccompanied alien chil-
dren with a parent abroad in appropriate Nothing in this section may be construed to
cases; transfer the responsibility for adjudicating ben-
(I) compiling, updating, and publishing at efit determinations under the Immigration and
least annually a state-by-state list of profes- Nationality Act (8 U.S.C. 1101 et seq.) from the
sionals or other entities qualified to provide authority of any official of the Department of
guardian and attorney representation serv- Justice, the Department of Homeland Security,
ices for unaccompanied alien children; or the Department of State.
(J) maintaining statistical information (d) Effective date
and other data on unaccompanied alien chil- Notwithstanding section 4,1 this section shall
dren for whose care and placement the Di- take effect on the date on which the transfer of
rector is responsible, which shall include— functions specified under section 251 of this title
(i) biographical information, such as a takes effect.
child’s name, gender, date of birth, coun- (e) References
try of birth, and country of habitual resi-
dence; With respect to any function transferred by
(ii) the date on which the child came this section, any reference in any other Federal
into Federal custody by reason of his or law, Executive order, rule, regulation, or delega-
her immigration status; tion of authority, or any document of or per-
(iii) information relating to the child’s taining to a component of government from
placement, removal, or release from each which such function is transferred—
facility in which the child has resided; (1) to the head of such component is deemed
(iv) in any case in which the child is to refer to the Director of the Office of Ref-
placed in detention or released, an expla- ugee Resettlement; or
nation relating to the detention or release;
and 1 See References in Text note below.
(2) to such component is deemed to refer to Short Title note set out under section 1101 of Title 8
the Office of Refugee Resettlement of the De- and Tables.
partment of Health and Human Services. Section 4, referred to in subsec. (d), is section 4 of
Pub. L. 107–296, which is set out as an Effective Date
(f) Other transition issues note under section 101 of this title.
(1) Exercise of authorities CODIFICATION
Except as otherwise provided by law, a Fed- In subsec. (f)(3), ‘‘section 1531 of title 31’’ substituted
eral official to whom a function is transferred for ‘‘section 202 of the Budget and Accounting Proce-
by this section may, for purposes of per- dures Act of 1950’’ on authority of Pub. L. 97–258, § 4(b),
forming the function, exercise all authorities Sept. 13, 1982, 96 Stat. 1067, the first section of which
under any other provision of law that were enacted Title 31, Money and Finance.
available with respect to the performance of CHANGE OF NAME
that function to the official responsible for the
Bureau of Border Security, referred to in subsec.
performance of the function immediately be- (b)(2)(A), changed to Bureau of Immigration and Cus-
fore the effective date specified in subsection toms Enforcement by Reorganization Plan Modifica-
(d) of this section. tion for the Department of Homeland Security, eff.
(2) Savings provisions Mar. 1, 2003, H. Doc. No. 108–32, 108th Congress, 1st Ses-
sion, set out as a note under section 542 of this title.
Subsections (a), (b), and (c) of section 552 of
this title shall apply to a transfer of functions PART F—GENERAL IMMIGRATION PROVISIONS
under this section in the same manner as such
§ 291. Abolishment of INS
provisions apply to a transfer of functions
under this chapter to the Department of (a) In general
Homeland Security. Upon completion of all transfers from the Im-
(3) Transfer and allocation of appropriations migration and Naturalization Service as pro-
and personnel vided for by this chapter, the Immigration and
The personnel of the Department of Justice Naturalization Service of the Department of
employed in connection with the functions Justice is abolished.
transferred by this section, and the assets, li- (b) Prohibition
abilities, contracts, property, records, and un- The authority provided by section 542 of this
expended balance of appropriations, authoriza- title may be used to reorganize functions or or-
tions, allocations, and other funds employed, ganizational units within the Bureau of Border
held, used, arising from, available to, or to be Security or the Bureau of Citizenship and Immi-
made available to, the Immigration and Natu- gration Services, but may not be used to recom-
ralization Service in connection with the func- bine the two bureaus into a single agency or
tions transferred by this section, subject to otherwise to combine, join, or consolidate func-
section 1531 of title 31, shall be transferred to tions or organizational units of the two bureaus
the Director of the Office of Refugee Resettle- with each other.
ment for allocation to the appropriate compo-
(Pub. L. 107–296, title IV, § 471, Nov. 25, 2002, 116
nent of the Department of Health and Human
Stat. 2205.)
Services. Unexpended funds transferred pursu-
ant to this paragraph shall be used only for CHANGE OF NAME
the purposes for which the funds were origi- Bureau of Border Security, referred to in subsec. (b),
nally authorized and appropriated. changed to Bureau of Immigration and Customs En-
(g) Definitions forcement by Reorganization Plan Modification for the
As used in this section— Doc. No. 108–32, 108th Congress, 1st Session, set out as
(1) the term ‘‘placement’’ means the place- a note under section 542 of this title.
ment of an unaccompanied alien child in ei-
ther a detention facility or an alternative to § 292. Voluntary separation incentive payments
such a facility; and (a) Definitions
(2) the term ‘‘unaccompanied alien child’’ For purposes of this section—
means a child who— (1) the term ‘‘employee’’ means an employee
(A) has no lawful immigration status in (as defined by section 2105 of title 5) who—
the United States; (A) has completed at least 3 years of cur-
(B) has not attained 18 years of age; and rent continuous service with 1 or more cov-
(C) with respect to whom— ered entities; and
(i) there is no parent or legal guardian in (B) is serving under an appointment with-
the United States; or out time limitation,
(ii) no parent or legal guardian in the
United States is available to provide care but does not include any person under sub-
and physical custody. paragraphs (A)–(G) of section 663(a)(2) of Pub-
lic Law 104–208 (5 U.S.C. 5597 note);
(Pub. L. 107–296, title IV, § 462, Nov. 25, 2002, 116 (2) the term ‘‘covered entity’’ means—
Stat. 2202.) (A) the Immigration and Naturalization
REFERENCES IN TEXT Service;
The Immigration and Nationality Act, referred to in
(B) the Bureau of Border Security of the
subsec. (c), is act June 27, 1952, ch. 477, 66 Stat. 163, as Department of Homeland Security; and
amended, which is classified principally to chapter 12 (C) the Bureau of Citizenship and Immigra-
(§ 1101 et seq.) of Title 8, Aliens and Nationality. For tion Services of the Department of Home-
complete classification of this Act to the Code, see land Security; and
(3) the term ‘‘transfer date’’ means the date Justice and the Department of Homeland Se-
on which the transfer of functions specified curity shall, for each fiscal year with respect
under section 251 of this title takes effect. to which it makes any voluntary separation
(b) Strategic restructuring plan incentive payments under this section, remit
Before the Attorney General or the Secretary to the Office of Personnel Management for de-
obligates any resources for voluntary separation posit in the Treasury of the United States to
incentive payments under this section, such offi- the credit of the Civil Service Retirement and
cial shall submit to the appropriate committees Disability Fund the amount required under
of Congress a strategic restructuring plan, paragraph (2).
which shall include— (2) Amount required
(1) an organizational chart depicting the
covered entities after their restructuring pur- The amount required under this paragraph
suant to this chapter; shall, for any fiscal year, be the amount under
(2) a summary description of how the au- subparagraph (A) or (B), whichever is greater.
thority under this section will be used to help (A) First method
carry out that restructuring; and
(3) the information specified in section The amount under this subparagraph shall,
663(b)(2) of Public Law 104–208 (5 U.S.C. 5597 for any fiscal year, be equal to the minimum
note). amount necessary to offset the additional
costs to the retirement systems under title 5
As used in the preceding sentence, the ‘‘appro- (payable out of the Civil Service Retirement
priate committees of Congress’’ are the Commit- and Disability Fund) resulting from the vol-
tees on Appropriations, Government Reform, untary separation of the employees de-
and the Judiciary of the House of Representa- scribed in paragraph (3), as determined
tives, and the Committees on Appropriations, under regulations of the Office of Personnel
Governmental Affairs, and the Judiciary of the Management.
Senate.
(c) Authority (B) Second method
The Attorney General and the Secretary may, The amount under this subparagraph shall,
to the extent necessary to help carry out their for any fiscal year, be equal to 45 percent of
respective strategic restructuring plan described the sum total of the final basic pay of the
in subsection (b) of this section, make voluntary employees described in paragraph (3).
separation incentive payments to employees. (3) Computations to be based on separations
Any such payment— occurring in the fiscal year involved
(1) shall be paid to the employee, in a lump
sum, after the employee has separated from The employees described in this paragraph
service; are those employees who receive a voluntary
(2) shall be paid from appropriations or funds separation incentive payment under this sec-
available for the payment of basic pay of the tion based on their separating from service
employee; during the fiscal year with respect to which
(3) shall be equal to the lesser of— the payment under this subsection relates.
(A) the amount the employee would be en-
titled to receive under section 5595(c) of title (4) Final basic pay defined
5; or In this subsection, the term ‘‘final basic
(B) an amount not to exceed $25,000, as de- pay’’ means, with respect to an employee, the
termined by the Attorney General or the total amount of basic pay which would be pay-
Secretary; able for a year of service by such employee,
(4) may not be made except in the case of computed using the employee’s final rate of
any qualifying employee who voluntarily sepa- basic pay, and, if last serving on other than a
rates (whether by retirement or resignation) full-time basis, with appropriate adjustment
before the end of— therefor.
(A) the 3-month period beginning on the (e) Effect of subsequent employment with the
date on which such payment is offered or Government
made available to such employee; or
(B) the 3-year period beginning on Novem- An individual who receives a voluntary sepa-
ber 25, 2002, ration incentive payment under this section and
who, within 5 years after the date of the separa-
whichever occurs first; tion on which the payment is based, accepts any
(5) shall not be a basis for payment, and
compensated employment with the Government
shall not be included in the computation, of
or works for any agency of the Government
any other type of Government benefit; and
(6) shall not be taken into account in deter- through a personal services contract, shall be
mining the amount of any severance pay to required to pay, prior to the individual’s first
which the employee may be entitled under sec- day of employment, the entire amount of the in-
tion 5595 of title 5, based on any other separa- centive payment. Such payment shall be made
tion. to the covered entity from which the individual
separated or, if made on or after the transfer
(d) Additional agency contributions to the retire- date, to the Deputy Secretary or the Under Sec-
ment fund retary for Border and Transportation Security
(1) In general (for transfer to the appropriate component of
In addition to any payments which it is oth- the Department of Homeland Security, if nec-
erwise required to make, the Department of essary).
(f) Effect on employment levels in section 7702(a)(1)(B) of title 5, there is no judi-

(1) Intended effect cially reviewable action under the demonstra-
Voluntary separations under this section are tion project within 120 days after the filing of an
not intended to necessarily reduce the total appeal or other formal request for review (re-
number of full-time equivalent positions in ferred to in subsection (c)(2) of this section), an
any covered entity. employee shall be entitled to file a civil action
to the same extent and in the same manner as
(2) Use of voluntary separations
provided in section 7702(e)(1) of such title 5 (in
A covered entity may redeploy or use the the matter following subparagraph (C) thereof).
full-time equivalent positions vacated by vol- (e) Certain employees
untary separations under this section to make
other positions available to more critical loca- Employees shall not be included within any
tions or more critical occupations. project under this section if such employees
are—
(Pub. L. 107–296, title IV, § 472, Nov. 25, 2002, 116 (1) neither managers nor supervisors; and
Stat. 2205.) (2) within a unit with respect to which a
REFERENCES IN TEXT labor organization is accorded exclusive rec-
Section 663 of Public Law 104–208, referred to in sub-
ognition under chapter 71 of title 5.
secs. (a)(1) and (b)(3), probably means Pub. L. 104–208, Notwithstanding the preceding sentence, an ag-
div. A, title I, § 101(f) [title VI, § 663], Sept. 30, 1996, 110 grieved employee within a unit (referred to in
Stat. 3009–314, 3009–383, which is classified as a note paragraph (2)) may elect to participate in a com-
under section 5597 of Title 5, Government Organization
and Employees.
plaint procedure developed under the dem-
onstration project in lieu of any negotiated
CHANGE OF NAME grievance procedure and any statutory proce-
Committee on Governmental Affairs of Senate dure (as such term is used in section 7121 of such
changed to Committee on Homeland Security and Gov- title 5).
ernmental Affairs of Senate, effective Jan. 4, 2005, by (f) Reports
Senate Resolution No. 445, One Hundred Eighth Con-
gress, Oct. 9, 2004. The Government Accountability Office shall
Bureau of Border Security, referred to in subsec. prepare and submit to the Committees on Gov-
(a)(2)(B), changed to Bureau of Immigration and Cus- ernment Reform and the Judiciary of the House
toms Enforcement by Reorganization Plan Modifica- of Representatives and the Committees on Gov-
tion for the Department of Homeland Security, eff.
ernmental Affairs and the Judiciary of the Sen-
Mar. 1, 2003, H. Doc. No. 108–32, 108th Congress, 1st Ses-
sion, set out as a note under section 542 of this title. ate periodic reports on any demonstration
project conducted under this section, such re-
§ 293. Authority to conduct a demonstration ports to be submitted after the second and
project relating to disciplinary action fourth years of its operation. Upon request, the
(a) In general Attorney General or the Secretary shall furnish
such information as the Government Account-
The Attorney General and the Secretary may ability Office may require to carry out this sub-
each, during a period ending not later than 5 section.
years after November 25, 2002, conduct a dem-
(g) Definition
onstration project for the purpose of deter-
mining whether one or more changes in the poli- In this section, the term ‘‘covered entity’’ has
cies or procedures relating to methods for dis- the meaning given such term in section 292(a)(2)
ciplining employees would result in improved of this title.
personnel management. (Pub. L. 107–296, title IV, § 473, Nov. 25, 2002, 116
(b) Scope Stat. 2208; Pub. L. 108–271, § 8(b), July 7, 2004, 118
A demonstration project under this section— Stat. 814.)
(1) may not cover any employees apart from AMENDMENTS
those employed in or under a covered entity;
2004—Subsec. (f). Pub. L. 108–271 substituted ‘‘Govern-
and ment Accountability Office’’ for ‘‘General Accounting
(2) shall not be limited by any provision of Office’’ in two places.
chapter 43, 75, or 77 of title 5.
(c) Procedures CHANGE OF NAME
Under the demonstration project— Committee on Governmental Affairs of Senate

(1) the use of alternative means of dispute changed to Committee on Homeland Security and Gov-
ernmental Affairs of Senate, effective Jan. 4, 2005, by
resolution (as defined in section 571 of title 5) Senate Resolution No. 445, One Hundred Eighth Con-
shall be encouraged, whenever appropriate; gress, Oct. 9, 2004.
and
(2) each covered entity under the jurisdic- § 294. Sense of Congress
tion of the official conducting the project
It is the sense of Congress that—
shall be required to provide for the expedi-
(1) the missions of the Bureau of Border Se-
tious, fair, and independent review of any ac-
curity and the Bureau of Citizenship and Im-
tion to which section 4303 or subchapter II of
migration Services are equally important and,
chapter 75 of such title 5 would otherwise
accordingly, they each should be adequately
apply (except an action described in section
funded; and
7512(5) of such title 5). (2) the functions transferred under this part
(d) Actions involving discrimination should not, after such transfers take effect,
Notwithstanding any other provision of this operate at levels below those in effect prior to
section, if, in the case of any matter described November 25, 2002.
(Pub. L. 107–296, title IV, § 474, Nov. 25, 2002, 116 toms Enforcement by Reorganization Plan Modifica-
Stat. 2209.) tion for the Department of Homeland Security, eff.
CHANGE OF NAME sion, set out as a note under section 542 of this title.
Bureau of Border Security, referred to in par. (1),
changed to Bureau of Immigration and Customs En- § 297. Reports and implementation plans
(a) Division of funds
Doc. No. 108–32, 108th Congress, 1st Session, set out as The Secretary, not later than 120 days after
a note under section 542 of this title. the effective date of this chapter, shall submit
to the Committees on Appropriations and the
§ 295. Director of Shared Services
Judiciary of the House of Representatives and of
(a) In general the Senate a report on the proposed division and
Within the Office of Deputy Secretary, there transfer of funds, including unexpended funds,
shall be a Director of Shared Services. appropriations, and fees, between the Bureau of
(b) Functions Citizenship and Immigration Services and the
Bureau of Border Security.
The Director of Shared Services shall be re-
sponsible for the coordination of resources for (b) Division of personnel
the Bureau of Border Security and the Bureau of The Secretary, not later than 120 days after
Citizenship and Immigration Services, includ- the effective date of this chapter, shall submit
ing— to the Committees on Appropriations and the
(1) information resources management, in- Judiciary of the House of Representatives and of
cluding computer databases and information the Senate a report on the proposed division of
technology; personnel between the Bureau of Citizenship and
(2) records and file management; and Immigration Services and the Bureau of Border
(3) forms management. Security.
(Pub. L. 107–296, title IV, § 475, Nov. 25, 2002, 116 (c) Implementation plan
Stat. 2209.) (1) In general
CHANGE OF NAME The Secretary, not later than 120 days after
Bureau of Border Security, referred to in subsec. (b), the effective date of this chapter, and every 6
changed to Bureau of Immigration and Customs En- months thereafter until the termination of fis-
forcement by Reorganization Plan Modification for the cal year 2005, shall submit to the Committees
Department of Homeland Security, eff. Mar. 1, 2003, H. on Appropriations and the Judiciary of the
Doc. No. 108–32, 108th Congress, 1st Session, set out as House of Representatives and of the Senate an
a note under section 542 of this title. implementation plan to carry out this chap-
§ 296. Separation of funding ter.
(a) In general (2) Contents
There shall be established separate accounts The implementation plan should include de-
in the Treasury of the United States for appro- tails concerning the separation of the Bureau
priated funds and other deposits available for of Citizenship and Immigration Services and
the Bureau of Citizenship and Immigration the Bureau of Border Security, including the
Services and the Bureau of Border Security. following:
(A) Organizational structure, including the
(b) Separate budgets field structure.
To ensure that the Bureau of Citizenship and (B) Chain of command.
Immigration Services and the Bureau of Border (C) Procedures for interaction among such
Security are funded to the extent necessary to bureaus.
fully carry out their respective functions, the (D) Fraud detection and investigation.
Director of the Office of Management and Budg- (E) The processing and handling of re-
et shall separate the budget requests for each moval proceedings, including expedited re-
such entity. moval and applications for relief from re-
(c) Fees moval.
Fees imposed for a particular service, applica- (F) Recommendations for conforming
tion, or benefit shall be deposited into the ac- amendments to the Immigration and Na-
count established under subsection (a) of this tionality Act (8 U.S.C. 1101 et seq.).
section that is for the bureau with jurisdiction (G) Establishment of a transition team.
over the function to which the fee relates. (H) Methods to phase in the costs of sepa-
rating the administrative support systems of
(d) Fees not transferable the Immigration and Naturalization Service
No fee may be transferred between the Bureau in order to provide for separate administra-
of Citizenship and Immigration Services and the tive support systems for the Bureau of Citi-
Bureau of Border Security for purposes not au- zenship and Immigration Services and the
thorized by section 1356 of title 8. Bureau of Border Security.
(Pub. L. 107–296, title IV, § 476, Nov. 25, 2002, 116 (d) Comptroller General studies and reports
Stat. 2209.) (1) Status reports on transition
CHANGE OF NAME Not later than 18 months after the date on
Bureau of Border Security, referred to in subsecs. (a), which the transfer of functions specified under
(b), and (d), changed to Bureau of Immigration and Cus- section 251 of this title takes effect, and every
6 months thereafter, until full implementation 163, as amended, which is classified principally to chap-
of this part has been completed, the Comp- ter 12 (§ 1101 et seq.) of Title 8, Aliens and Nationality.
troller General of the United States shall sub- For complete classification of this Act to the Code, see
mit to the Committees on Appropriations and and Tables.
on the Judiciary of the House of Representa- Parts D and E of this subchapter, referred to in sub-
tives and the Senate a report containing the sec. (d)(1)(A), (B), was in the original ‘‘subtitles D and
following: E’’, meaning subtitles D (§§ 441–446) and E (§§ 451–462) of
(A) A determination of whether the trans- title IV of Pub. L. 107–296, Nov. 25, 2002, 116 Stat. 2192,
fers of functions made by parts D and E of 2195, which enacted parts D and E of this subchapter,
amended sections 1356 and 1573 of Title 8, Aliens and
this subchapter have been completed, and if
Nationality, and enacted provisions set out as a note
a transfer of functions has not taken place, under section 271 of this title. For complete classifica-
identifying the reasons why the transfer has tion of subtitles D and E to the Code, see Tables.
not taken place.
CHANGE OF NAME
(B) If the transfers of functions made by
parts D and E of this subchapter have been Bureau of Border Security, referred to in text,
completed, an identification of any issues changed to Bureau of Immigration and Customs En-
that have arisen due to the completed trans-
fers. Doc. No. 108–32, 108th Congress, 1st Session, set out as
(C) An identification of any issues that a note under section 542 of this title.
may arise due to any future transfer of func-
tions. § 298. Immigration functions
(2) Report on management (a) Annual report
Not later than 4 years after the date on (1) In general
which the transfer of functions specified under One year after November 25, 2002, and each
section 251 of this title takes effect, the Comp- year thereafter, the Secretary shall submit a
troller General of the United States shall sub- report to the President, to the Committees on
mit to the Committees on Appropriations and the Judiciary and Government Reform of the
on the Judiciary of the House of Representa- House of Representatives, and to the Commit-
tives and the Senate a report, following a tees on the Judiciary and Government Affairs
study, containing the following: of the Senate, on the impact the transfers
(A) Determinations of whether the transfer made by this part has had on immigration
of functions from the Immigration and Nat- functions.
uralization Service to the Bureau of Citizen- (2) Matter included
ship and Immigration Services and the Bu- The report shall address the following with
reau of Border Security have improved, with respect to the period covered by the report:
respect to each function transferred, the fol- (A) The aggregate number of all immigra-
lowing: tion applications and petitions received, and
(i) Operations. processed, by the Department.
(ii) Management, including account- (B) Region-by-region statistics on the ag-
ability and communication. gregate number of immigration applications
(iii) Financial administration. and petitions filed by an alien (or filed on
(iv) Recordkeeping, including informa- behalf of an alien) and denied, disaggregated
tion management and technology. by category of denial and application or pe-
(B) A statement of the reasons for the de- tition type.
(C) The quantity of backlogged immigra-
terminations under subparagraph (A).
tion applications and petitions that have
(C) Any recommendations for further im-
been processed, the aggregate number await-
provements to the Bureau of Citizenship and
ing processing, and a detailed plan for elimi-
Immigration Services and the Bureau of
nating the backlog.
Border Security. (D) The average processing period for im-
(3) Report on fees migration applications and petitions,
Not later than 1 year after November 25, disaggregated by application or petition
2002, the Comptroller General of the United type.
States shall submit to the Committees on the (E) The number and types of immigration-
Judiciary of the House of Representatives and related grievances filed with any official of
of the Senate a report examining whether the the Department of Justice, and if those
Bureau of Citizenship and Immigration Serv- grievances were resolved.
(F) Plans to address grievances and im-
ices is likely to derive sufficient funds from
prove immigration services.
fees to carry out its functions in the absence
(G) Whether immigration-related fees were
of appropriated funds.
used consistent with legal requirements re-
(Pub. L. 107–296, title IV, § 477, Nov. 25, 2002, 116 garding such use.
Stat. 2209.) (H) Whether immigration-related ques-
tions conveyed by customers to the Depart-
REFERENCES IN TEXT ment (whether conveyed in person, by tele-
The effective date of this chapter, referred to in sub- phone, or by means of the Internet) were an-
secs. (a), (b), and (c)(1), is 60 days after Nov. 25, 2002, see swered effectively and efficiently.
section 4 of Pub. L. 107–296, set out as an Effective Date
(b) Sense of Congress regarding immigration
note under section 101 of this title.
The Immigration and Nationality Act, referred to in services
subsec. (c)(2)(F), is act June 27, 1952, ch. 477, 66 Stat. It is the sense of Congress that—
(1) the quality and efficiency of immigration (6) consolidating existing Federal Govern-
services rendered by the Federal Government ment emergency response plans into a single,
should be improved after the transfers made coordinated national response plan; and
by this part take effect; and (7) helping to ensure that emergency re-
(2) the Secretary should undertake efforts to sponse providers acquire interoperable com-
guarantee that concerns regarding the quality munications technology.
and efficiency of immigration services are ad- (Pub. L. 107–296, title V, § 502, Nov. 25, 2002, 116
dressed after such effective date. Stat. 2212; Pub. L. 108–276, § 3(b)(1), July 21, 2004,
(Pub. L. 107–296, title IV, § 478, Nov. 25, 2002, 116 118 Stat. 852; Pub. L. 108–458, title VII,
Stat. 2211.) § 7303(h)(1), Dec. 17, 2004, 118 Stat. 3846.)
SUBCHAPTER V—EMERGENCY AMENDMENTS
PREPAREDNESS AND RESPONSE 2004—Par. (3)(B). Pub. L. 108–276, § 3(b)(1)(A), struck
out ‘‘the Strategic National Stockpile,’’ after ‘‘Domes-
§ 311. Under Secretary for Emergency Prepared- tic Emergency Support Team,’’.
ness and Response Par. (3)(D). Pub. L. 108–276, § 3(b)(1)(B), inserted
‘‘, including requiring deployment of the Strategic Na-
There shall be in the Department a Direc- tional Stockpile,’’ after ‘‘resources’’.
torate of Emergency Preparedness and Response Par. (7). Pub. L. 108–458 struck out ‘‘developing com-
headed by an Under Secretary for Emergency prehensive programs for developing interoperative
Preparedness and Response. communications technology, and’’ before ‘‘helping’’
and substituted ‘‘acquire interoperable communica-
(Pub. L. 107–296, title V, § 501, Nov. 25, 2002, 116 tions technology’’ for ‘‘acquire such technology’’.
Stat. 2212.)
EX. ORD. NO. 13347. INDIVIDUALS WITH DISABILITIES IN
§ 312. Responsibilities EMERGENCY PREPAREDNESS
The Secretary,1 acting through the Under Sec- Ex. Ord. No. 13347, July 22, 2004, 69 F.R. 44573, pro-
retary for Emergency Preparedness and Re- vided:
By the authority vested in me as President by the
sponse, shall include— Constitution and the laws of the United States of
(1) helping to ensure the effectiveness of America, and to strengthen emergency preparedness
emergency response providers to terrorist at- with respect to individuals with disabilities, it is here-
tacks, major disasters, and other emergencies; by ordered as follows:
(2) with respect to the Nuclear Incident Re- SECTION 1. Policy. To ensure that the Federal Govern-
sponse Team (regardless of whether it is oper- ment appropriately supports safety and security for in-
ating as an organizational unit of the Depart- dividuals with disabilities in situations involving disas-
ment pursuant to this subchapter)— ters, including earthquakes, tornadoes, fires, floods,
hurricanes, and acts of terrorism, it shall be the policy
(A) establishing standards and certifying
of the United States that executive departments and
when those standards have been met; agencies of the Federal Government (agencies):
(B) conducting joint and other exercises (a) consider, in their emergency preparedness plan-
and training and evaluating performance; ning, the unique needs of agency employees with dis-
and abilities and individuals with disabilities whom the
(C) providing funds to the Department of agency serves;
Energy and the Environmental Protection (b) encourage, including through the provision of
Agency, as appropriate, for homeland secu- technical assistance, as appropriate, consideration of
the unique needs of employees and individuals with dis-
rity planning, exercises and training, and abilities served by State, local, and tribal governments
equipment; and private organizations and individuals in emergency
(3) providing the Federal Government’s re- preparedness planning; and
sponse to terrorist attacks and major disas- (c) facilitate cooperation among Federal, State, local,
and tribal governments and private organizations and
ters, including— individuals in the implementation of emergency pre-
(A) managing such response; paredness plans as they relate to individuals with dis-
(B) directing the Domestic Emergency abilities.
Support Team, the National Disaster Med- SEC. 2. Establishment of Council. (a) There is hereby es-
ical System, and (when operating as an orga- tablished, within the Department of Homeland Secu-
nizational unit of the Department pursuant rity for administrative purposes, the Interagency Co-
to this subchapter) the Nuclear Incident Re- ordinating Council on Emergency Preparedness and In-
sponse Team; dividuals with Disabilities (the ‘‘Council’’). The Council
shall consist exclusively of the following members or
(C) overseeing the Metropolitan Medical their designees:
Response System; and (i) the heads of executive departments, the Admin-
(D) coordinating other Federal response istrator of the Environmental Protection Agency, the
resources, including requiring deployment of Administrator of General Services, the Director of
the Strategic National Stockpile, in the the Office of Personnel Management, and the Com-
event of a terrorist attack or major disaster; missioner of Social Security; and
(ii) any other agency head as the Secretary of
(4) aiding the recovery from terrorist at- Homeland Security may, with the concurrence of the
tacks and major disasters; agency head, designate.
(5) building a comprehensive national inci- (b) The Secretary of Homeland Security shall chair
dent management system with Federal, State, the Council, convene and preside at its meetings, deter-
and local government personnel, agencies, and mine its agenda, direct its work, and, as appropriate to
authorities, to respond to such attacks and particular subject matters, establish and direct sub-
groups of the Council, which shall consist exclusively
disasters; of Council members.
(c) A member of the Council may designate, to per-
1 So in original. form the Council functions of the member, an employee
of the member’s department or agency who is either an Metropolitan Medical Response System of the
officer of the United States appointed by the President, Department of Health and Human Services, in-
or a full-time employee serving in a position with pay cluding the functions of the Secretary of
equal to or greater than the minimum rate payable for
GS–15 of the General Schedule.
Health and Human Services and the Assistant
SEC. 3. Functions of Council. (a) The Council shall: Secretary for Public Health Emergency Pre-
(i) coordinate implementation by agencies of the paredness relating thereto.
policy set forth in section 1 of this order;
(ii) whenever the Council obtains in the perform- (Pub. L. 107–296, title V, § 503, Nov. 25, 2002, 116
ance of its functions information or advice from any Stat. 2213; Pub. L. 108–276, § 3(c)(3), July 21, 2004,
individual who is not a full-time or permanent part- 118 Stat. 853.)
time Federal employee, obtain such information and
advice only in a manner that seeks individual advice AMENDMENTS
and does not involve collective judgment or con- 2004—Par. (6). Pub. L. 108–276 struck out par. (6) which
sensus advice or deliberation; and read as follows: ‘‘The Strategic National Stockpile of
(iii) at the request of any agency head (or the agen- the Department of Health and Human Services, includ-
cy head’s designee under section 2(c) of this order) ing the functions of the Secretary of Health and Human
who is a member of the Council, unless the Secretary Services relating thereto.’’
of Homeland Security declines the request, promptly
review and provide advice, for the purpose of fur-
§ 314. Nuclear incident response
thering the policy set forth in section 1, on a pro-
posed action by that agency. (a) In general
(b) The Council shall submit to the President each
year beginning 1 year after the date of this order, At the direction of the Secretary (in connec-
through the Assistant to the President for Homeland tion with an actual or threatened terrorist at-
Security, a report that describes: tack, major disaster, or other emergency in the
(i) the achievements of the Council in imple- United States), the Nuclear Incident Response
menting the policy set forth in section 1;
(ii) the best practices among Federal, State, local, Team shall operate as an organizational unit of
and tribal governments and private organizations and the Department. While so operating, the Nuclear
individuals for emergency preparedness planning Incident Response Team shall be subject to the
with respect to individuals with disabilities; and direction, authority, and control of the Sec-
(iii) recommendations of the Council for advancing retary.
the policy set forth in section 1.
SEC. 4. General. (a) To the extent permitted by law: (b) Rule of construction
(i) agencies shall assist and provide information to Nothing in this subchapter shall be construed
the Council for the performance of its functions
under this order; and
to limit the ordinary responsibility of the Sec-
(ii) the Department of Homeland Security shall retary of Energy and the Administrator of the
provide funding and administrative support for the Environmental Protection Agency for orga-
Council. nizing, training, equipping, and utilizing their
(b) Nothing in this order shall be construed to impair respective entities in the Nuclear Incident Re-
or otherwise affect the functions of the Director of the sponse Team, or (subject to the provisions of
Office of Management and Budget relating to budget, this subchapter) from exercising direction, au-
administrative, or legislative proposals.
(c) This order is intended only to improve the inter-
thority, and control over them when they are
nal management of the executive branch and is not in- not operating as a unit of the Department.
tended to, and does not, create any right or benefit, (Pub. L. 107–296, title V, § 504, Nov. 25, 2002, 116
substantive or procedural, enforceable at law or in eq- Stat. 2213.)
uity by a party against the United States, its depart-
ments, agencies, instrumentalities, or entities, its offi-
cers or employees, or any other person. § 315. Conduct of certain public health-related
GEORGE W. BUSH.
activities
§ 313. Functions transferred (a) In general

With respect to all public health-related ac-
In accordance with subchapter XII of this
tivities to improve State, local, and hospital
chapter, there shall be transferred to the Sec-
preparedness and response to chemical, biologi-
retary the functions, personnel, assets, and li-
cal, radiological, and nuclear and other emerg-
abilities of the following entities:
(1) The Federal Emergency Management ing terrorist threats carried out by the Depart-
Agency, including the functions of the Direc- ment of Health and Human Services (including
tor of the Federal Emergency Management the Public Health Service), the Secretary of
Agency relating thereto. Health and Human Services shall set priorities
(2) The Integrated Hazard Information Sys- and preparedness goals and further develop a co-
tem of the National Oceanic and Atmospheric ordinated strategy for such activities in collabo-
Administration, which shall be renamed ration with the Secretary.
‘‘FIRESAT’’. (b) Evaluation of progress
(3) The National Domestic Preparedness Of-
In carrying out subsection (a) of this section,
fice of the Federal Bureau of Investigation, in-
the Secretary of Health and Human Services
cluding the functions of the Attorney General
shall collaborate with the Secretary in devel-
relating thereto.
oping specific benchmarks and outcome meas-
(4) The Domestic Emergency Support Teams
urements for evaluating progress toward achiev-
of the Department of Justice, including the
ing the priorities and goals described in such
functions of the Attorney General relating
subsection.
thereto.
(5) The Office of Emergency Preparedness, (Pub. L. 107–296, title V, § 505, Nov. 25, 2002, 116
the National Disaster Medical System, and the Stat. 2213.)
§ 316. Definition Management Agency shall revise the Federal

Response Plan to reflect the establishment of
In this subchapter, the term ‘‘Nuclear Incident
and incorporate the Department.
Response Team’’ means a resource that in-
cludes— (Pub. L. 107–296, title V, § 507, Nov. 25, 2002, 116
(1) those entities of the Department of En- Stat. 2214.)
ergy that perform nuclear or radiological REFERENCES IN TEXT
emergency support functions (including acci-
The Robert T. Stafford Disaster Relief and Emer-
dent response, search response, advisory, and
gency Assistance Act, referred to in subsec. (a)(1), is
technical operations functions), radiation ex- Pub. L. 93–288, May 22, 1974, 88 Stat. 143, as amended,
posure functions at the medical assistance fa- which is classified principally to chapter 68 (§ 5121 et
cility known as the Radiation Emergency As- seq.) of Title 42, The Public Health and Welfare. For
sistance Center/Training Site (REAC/TS), radi- complete classification of this Act to the Code, see
ological assistance functions, and related Short Title note set out under section 5121 of Title 42
functions; and and Tables.
(2) those entities of the Environmental Pro- This chapter, referred to in subsec. (b)(1), was in the
original ‘‘this Act’’, meaning Pub. L. 107–296, Nov. 25,
tection Agency that perform such support 2002, 116 Stat. 2135, known as the Homeland Security
functions (including radiological emergency Act of 2002, which is classified principally to this chap-
response functions) and related functions. ter. For complete classification of this Act to the Code,
(Pub. L. 107–296, title V, § 506, Nov. 25, 2002, 116 see Short Title note set out under section 101 of this
title and Tables.
Stat. 2214.) Executive Orders Nos. 12148 and 12656, referred to in
§ 317. Role of Federal Emergency Management subsec. (b)(1), are set out as notes under section 5195 of
Title 42, The Public Health and Welfare.
Agency
(a) In general § 318. Use of national private sector networks in
emergency response
The functions of the Federal Emergency Man-
agement Agency include the following: To the maximum extent practicable, the Sec-
(1) All functions and authorities prescribed retary shall use national private sector net-
by the Robert T. Stafford Disaster Relief and works and infrastructure for emergency re-
Emergency Assistance Act (42 U.S.C. 5121 et sponse to chemical, biological, radiological, nu-
seq.). clear, or explosive disasters, and other major
(2) Carrying out its mission to reduce the disasters.
loss of life and property and protect the Na- (Pub. L. 107–296, title V, § 508, Nov. 25, 2002, 116
tion from all hazards by leading and sup- Stat. 2215.)
porting the Nation in a comprehensive, risk-
based emergency management program— § 319. Use of commercially available technology,
(A) of mitigation, by taking sustained ac- goods, and services
tions to reduce or eliminate long-term risk
It is the sense of Congress that—
to people and property from hazards and
(1) the Secretary should, to the maximum
their effects;
extent possible, use off-the-shelf commercially
(B) of planning for building the emergency
developed technologies to ensure that the De-
management profession to prepare effec-
partment’s information technology systems
tively for, mitigate against, respond to, and
allow the Department to collect, manage,
recover from any hazard;
share, analyze, and disseminate information
(C) of response, by conducting emergency
securely over multiple channels of commu-
operations to save lives and property
nication; and
through positioning emergency equipment
(2) in order to further the policy of the
and supplies, through evacuating potential
United States to avoid competing commer-
victims, through providing food, water, shel-
cially with the private sector, the Secretary
ter, and medical care to those in need, and
should rely on commercial sources to supply
through restoring critical public services;
the goods and services needed by the Depart-
(D) of recovery, by rebuilding communities
ment.
so individuals, businesses, and governments
can function on their own, return to normal (Pub. L. 107–296, title V, § 509, Nov. 25, 2002, 116
life, and protect against future hazards; and Stat. 2215.)
(E) of increased efficiencies, by coordi-
§ 320. Procurement of security countermeasures
nating efforts relating to mitigation, plan-
for Strategic National Stockpile
ning, response, and recovery.
(b) Federal Response Plan (a) Authorization of appropriations
(1) Role of FEMA For the procurement of security counter-
measures under section 247d–6b(c) of title 42 (re-
Notwithstanding any other provision of this
ferred to in this section as the ‘‘security coun-
chapter, the Federal Emergency Management
termeasures program’’), there is authorized to
Agency shall remain the lead agency for the
be appropriated up to $5,593,000,000 for the fiscal
Federal Response Plan established under Exec-
years 2004 through 2013. Of the amounts appro-
utive Order No. 12148 (44 Fed. Reg. 43239) and
priated under the preceding sentence, not to ex-
Executive Order No. 12656 (53 Fed. Reg. 47491).
ceed $3,418,000,000 may be obligated during the
(2) Revision of Response Plan fiscal years 2004 through 2008, of which not to ex-
Not later than 60 days after November 25, ceed $890,000,000 may be obligated during fiscal
2002, the Director of the Federal Emergency year 2004.
(b) Special reserve fund CHANGE OF NAME

For purposes of the security countermeasures Reference to the Director of Central Intelligence or
program, the term ‘‘special reserve fund’’ means the Director of the Central Intelligence Agency in the
the ‘‘Biodefense Countermeasures’’ appropria- Director’s capacity as the head of the intelligence com-
munity deemed to be a reference to the Director of Na-
tions account or any other appropriation made
under subsection (a) of this section. tral Intelligence or the Director of the Central Intel-
(c) Availability ligence Agency in the Director’s capacity as the head of
the Central Intelligence Agency deemed to be a ref-
Amounts appropriated under subsection (a) of erence to the Director of the Central Intelligence Agen-
this section become available for a procurement cy. See section 1081(a), (b) of Pub. L. 108–458, set out as
under the security countermeasures program a note under section 401 of Title 50, War and National
only upon the approval by the President of such Defense.
availability for the procurement in accordance
with paragraph (6)(B) of such program. § 321. Urban and other high risk area commu-
nications capabilities
(d) Related authorizations of appropriations
(a) In general
(1) Threat assessment capabilities
The Secretary, in consultation with the Fed-
For the purpose of carrying out the respon-
eral Communications Commission and the Sec-
sibilities of the Secretary for terror threat as-
retary of Defense, and with appropriate gov-
sessment under the security countermeasures
ernors, mayors, and other State and local gov-
program, there are authorized to be appro-
ernment officials, shall provide technical guid-
priated such sums as may be necessary for
ance, training, and other assistance, as appro-
each of the fiscal years 2004 through 2006, for
priate, to support the rapid establishment of
the hiring of professional personnel within the
consistent, secure, and effective interoperable
Directorate for Information Analysis and In-
communications capabilities in the event of an
frastructure Protection, who shall be analysts
emergency in urban and other areas determined
responsible for chemical, biological, radio-
by the Secretary to be at consistently high lev-
logical, and nuclear threat assessment (includ-
els of risk from terrorist attack.
ing but not limited to analysis of chemical, bi-
ological, radiological, and nuclear agents, the (b) Minimum capabilities
means by which such agents could be The interoperable communications capabili-
weaponized or used in a terrorist attack, and ties established under subsection (a) of this sec-
the capabilities, plans, and intentions of ter- tion shall ensure the ability of all levels of gov-
rorists and other non-state actors who may ernment agencies, emergency response providers
have or acquire such agents). All such analysts (as defined in section 101 of this title), and other
shall meet the applicable standards and quali- organizations with emergency response capabili-
fications for the performance of intelligence ties—
activities promulgated by the Director of Cen- (1) to communicate with each other in the
tral Intelligence pursuant to section 403–4 1 of event of an emergency; and
title 50. (2) to have appropriate and timely access to
(2) Intelligence sharing infrastructure the Information Sharing Environment de-
scribed in section 485 of this title.
For the purpose of carrying out the acquisi-
tion and deployment of secure facilities (in- (Pub. L. 107–296, title V, § 510, as added Pub. L.
cluding information technology and physical 108–458, title VII, § 7303(d), Dec. 17, 2004, 118 Stat.
infrastructure, whether mobile and tem- 3844.)
porary, or permanent) sufficient to permit the CODIFICATION
Secretary to receive, not later than 180 days
after July 21, 2004, all classified information Another section 510 of Pub. L. 107–296 is classified to
and products to which the Under Secretary for section 320 of this title.
Information Analysis and Infrastructure Pro- SUBCHAPTER VI—TREATMENT OF CHARI-
tection is entitled under part A of subchapter TABLE TRUSTS FOR MEMBERS OF THE
II of this chapter, there are authorized to be ARMED FORCES OF THE UNITED STATES
appropriated such sums as may be necessary AND OTHER GOVERNMENTAL ORGANIZA-
for each of the fiscal years 2004 through 2006. TIONS
(Pub. L. 107–296, title V, § 510, as added Pub. L.
108–276, § 3(b)(2), July 21, 2004, 118 Stat. 852.) § 331. Treatment of charitable trusts for members
of the Armed Forces of the United States and
REFERENCES IN TEXT other governmental organizations
Section 403–4 of title 50, referred to in subsec. (d)(1), (a) Findings
was repealed and a new section 403–4 enacted by Pub. L.
108–458, title I, § 1011(a), Dec. 17, 2004, 118 Stat. 3660, and, Congress finds the following:
as so enacted, section 403–4 no longer relates to promul- (1) Members of the Armed Forces of the
gation of standards and qualifications for the perform- United States defend the freedom and security
ance of intelligence activities. of our Nation.
CODIFICATION
(2) Members of the Armed Forces of the
United States have lost their lives while bat-
Another section 510 of Pub. L. 107–296 is classified to tling the evils of terrorism around the world.
section 321 of this title. (3) Personnel of the Central Intelligence
Agency (CIA) charged with the responsibility
1 See References in Text note below. of covert observation of terrorists around the
world are often put in harm’s way during their activities occurring after September 11, 2001,
service to the United States. and related to domestic or foreign efforts to
(4) Personnel of the Central Intelligence curb international terrorism, including the
Agency have also lost their lives while bat- Authorization for Use of Military Force (Pub-
tling the evils of terrorism around the world. lic Law 107–40; 115 Stat. 224).
(5) Employees of the Federal Bureau of In- (2) Other than funds or donations reasonably
vestigation (FBI) and other Federal agencies necessary to establish a trust, not more than
charged with domestic protection of the 15 percent of all funds or donations (or 15 per-
United States put their lives at risk on a daily cent of annual earnings on funds invested in a
basis for the freedom and security of our Na- private foundation) may be used for adminis-
tion. trative purposes.
(6) United States military personnel, CIA (3) No part of the net earnings of any Johnny
personnel, FBI personnel, and other Federal Micheal Spann Patriot Trust may inure to the
agents in the service of the United States are benefit of any individual based solely on the
patriots of the highest order. position of such individual as a shareholder,
(7) CIA officer Johnny Micheal Spann be- an officer or employee of such Trust.
came the first American to give his life for his (4) None of the activities of any Johnny
country in the War on Terrorism declared by Micheal Spann Patriot Trust shall be con-
President George W. Bush following the ter- ducted in a manner inconsistent with any law
rorist attacks of September 11, 2001. that prohibits attempting to influence legisla-
(8) Johnny Micheal Spann left behind a wife tion.
and children who are very proud of the heroic (5) No Johnny Micheal Spann Patriot Trust
actions of their patriot father. may participate in or intervene in any polit-
(9) Surviving dependents of members of the ical campaign on behalf of (or in opposition to)
Armed Forces of the United States who lose any candidate for public office, including by
their lives as a result of terrorist attacks or publication or distribution of statements.
military operations abroad receive a $6,000 (6) Each Johnny Micheal Spann Patriot
death benefit, plus a small monthly benefit. Trust shall comply with the instructions and
(10) The current system of compensating directions of the Director of Central Intel-
spouses and children of American patriots is ligence, the Attorney General, or the Sec-
inequitable and needs improvement. retary of Defense relating to the protection of
intelligence sources and methods, sensitive
(b) Designation of Johnny Micheal Spann Patriot
law enforcement information, or other sen-
Trusts
sitive national security information, including
Any charitable corporation, fund, foundation, methods for confidentially disbursing funds.
or trust (or separate fund or account thereof) (7) Each Johnny Micheal Spann Patriot
which otherwise meets all applicable require- Trust that receives annual contributions to-
ments under law with respect to charitable enti- taling more than $1,000,000 must be audited an-
ties and meets the requirements described in nually by an independent certified public ac-
subsection (c) of this section shall be eligible to counting firm. Such audits shall be filed with
characterize itself as a ‘‘Johnny Micheal Spann the Internal Revenue Service, and shall be
Patriot Trust’’. open to public inspection, except that the con-
(c) Requirements for the designation of Johnny duct, filing, and availability of the audit shall
Micheal Spann Patriot Trusts be consistent with the protection of intel-
The requirements described in this subsection ligence sources and methods, of sensitive law
are as follows: enforcement information, and of other sen-
(1) Not taking into account funds or dona- sitive national security information.
(8) Each Johnny Micheal Spann Patriot
tions reasonably necessary to establish a
Trust shall make distributions to beneficiaries
trust, at least 85 percent of all funds or dona-
described in paragraph (1) at least once every
tions (including any earnings on the invest-
calendar year, beginning not later than 12
ment of such funds or donations) received or
months after the formation of such Trust, and
collected by any Johnny Micheal Spann Pa-
all funds and donations received and earnings
triot Trust must be distributed to (or, if
not placed in a private foundation dedicated to
placed in a private foundation, held in trust
such beneficiaries must be distributed within
for) surviving spouses, children, or dependent
36 months after the end of the fiscal year in
parents, grandparents, or siblings of 1 or more
which such funds, donations, and earnings are
of the following:
received.
(A) members of the Armed Forces of the
(9)(A) When determining the amount of a
United States;
distribution to any beneficiary described in
(B) personnel, including contractors, of
paragraph (1), a Johnny Micheal Spann Pa-
elements of the intelligence community, as
triot Trust should take into account the
defined in section 401a(4) of title 50;
amount of any collateral source compensation
(C) employees of the Federal Bureau of In-
that the beneficiary has received or is entitled
vestigation; and
to receive as a result of the death of an indi-
(D) officers, employees, or contract em-
vidual described in paragraph (1).
ployees of the United States Government,
(B) Collateral source compensation includes
whose deaths occur in the line of duty and all compensation from collateral sources, in-
arise out of terrorist attacks, military oper- cluding life insurance, pension funds, death
ations, intelligence operations, or law enforce- benefit programs, and payments by Federal,
ment operations or accidents connected with State, or local governments related to the
death of an individual described in paragraph the management and administration of the De-
(1). partment, including the following:
(d) Treatment of Johnny Micheal Spann Patriot (1) The budget, appropriations, expenditures
Trusts of funds, accounting, and finance.
(2) Procurement.
Each Johnny Micheal Spann Patriot Trust (3) Human resources and personnel.
shall refrain from conducting the activities de- (4) Information technology and communica-
scribed in clauses (i) and (ii) of section 431(20)(A) tions systems.
of title 2 so that a general solicitation of funds (5) Facilities, property, equipment, and
by an individual described in paragraph (1) of other material resources.
section 441i(e) of title 2 will be permissible if (6) Security for personnel, information tech-
such solicitation meets the requirements of nology and communications systems, facili-
paragraph (4)(A) of such section. ties, property, equipment, and other material
(e) Notification of Trust beneficiaries resources.
Notwithstanding any other provision of law, (7) Identification and tracking of perform-
and in a manner consistent with the protection ance measures relating to the responsibilities
of intelligence sources and methods and sen- of the Department.
sitive law enforcement information, and other (8) Grants and other assistance management
sensitive national security information, the Sec- programs.
retary of Defense, the Director of the Federal (9) The transition and reorganization proc-
Bureau of Investigation, or the Director of Cen- ess, to ensure an efficient and orderly transfer
tral Intelligence, or their designees, as applica- of functions and personnel to the Department,
ble, may forward information received from an including the development of a transition
executor, administrator, or other legal rep- plan.
resentative of the estate of a decedent described (10) The conduct of internal audits and man-
in subparagraph (A), (B), (C), or (D) of sub- agement analyses of the programs and activi-
section (c)(1) of this section, to a Johnny ties of the Department.
Micheal Spann Patriot Trust on how to contact (11) Any other management duties that the
individuals eligible for a distribution under sub- Secretary may designate.
section (c)(1) of this section for the purpose of (b) Immigration
providing assistance from such Trust: Provided, (1) In general
That, neither forwarding nor failing to forward
any information under this subsection shall cre- In addition to the responsibilities described
ate any cause of action against any Federal de- in subsection (a) of this section, the Under
partment, agency, officer, agent, or employee. Secretary for Management shall be responsible
for the following:
(f) Regulations
(A) Maintenance of all immigration statis-
Not later than 90 days after November 25, 2002, tical information of the Bureau of Border
the Secretary of Defense, in coordination with Security and the Bureau of Citizenship and
the Attorney General, the Director of the Fed- Immigration Services. Such statistical in-
eral Bureau of Investigation, and the Director of formation shall include information and sta-
Central Intelligence, shall prescribe regulations tistics of the type contained in the publica-
to carry out this section. tion entitled ‘‘Statistical Yearbook of the
(Pub. L. 107–296, title VI, § 601, Nov. 25, 2002, 116 Immigration and Naturalization Service’’
Stat. 2215.) prepared by the Immigration and Natu-
ralization Service (as in effect immediately
REFERENCES IN TEXT before the date on which the transfer of
The Authorization for Use of Military Force, referred functions specified under section 251 of this
to in subsec. (c)(1), is Pub. L. 107–40, Sept. 18, 2001, 115 title takes effect), including region-by-re-
Stat. 224, which is set out as a note under section 1541 gion statistics on the aggregate number of
of Title 50, War and National Defense. applications and petitions filed by an alien
CHANGE OF NAME (or filed on behalf of an alien) and denied by
such bureau, and the reasons for such deni-
Reference to the Director of Central Intelligence or
als, disaggregated by category of denial and
the Director of the Central Intelligence Agency in the
Director’s capacity as the head of the intelligence com- application or petition type.
munity deemed to be a reference to the Director of Na- (B) Establishment of standards of reli-
tional Intelligence. Reference to the Director of Cen- ability and validity for immigration statis-
tral Intelligence or the Director of the Central Intel- tics collected by such bureaus.
ligence Agency in the Director’s capacity as the head of (2) Transfer of functions
erence to the Director of the Central Intelligence Agen- In accordance with subchapter XII of this
cy. See section 1081(a), (b) of Pub. L. 108–458, set out as chapter, there shall be transferred to the
a note under section 401 of Title 50, War and National Under Secretary for Management all functions
Defense. performed immediately before such transfer
occurs by the Statistics Branch of the Office
SUBCHAPTER VII—MANAGEMENT
of Policy and Planning of the Immigration and
§ 341. Under Secretary for Management Naturalization Service with respect to the fol-
lowing programs:
(a) In general (A) The Border Patrol program.
The Secretary, acting through the Under Sec- (B) The detention and removal program.
retary for Management, shall be responsible for (C) The intelligence program.
(D) The investigations program. Security Program of the Department, as

(E) The inspections program. specified under section 454 of this title.
(F) Adjudication of immigrant visa peti- (F) Ensure that the costs of Department
tions. programs, including classified programs, are
(G) Adjudication of naturalization peti- presented accurately and completely.
tions. (G) Oversee the preparation of the annual
(H) Adjudication of asylum and refugee ap- performance plan for the Department and
plications. the program and performance section of the
(I) Adjudications performed at service cen- annual report on program performance for
ters. the Department, consistent with sections
(J) All other adjudications performed by 1115 and 1116, respectively, of title 31.
the Immigration and Naturalization Service. (H) Provide leadership in developing and
(Pub. L. 107–296, title VII, § 701, Nov. 25, 2002, 116 promoting improved analytical tools and
Stat. 2218.) methods for analyzing homeland security
planning and the allocation of resources.
CHANGE OF NAME (I) Any other responsibilities delegated by
Bureau of Border Security, referred to in subsec. the Secretary consistent with an effective
(b)(1)(A), changed to Bureau of Immigration and Cus- program analysis and evaluation function.
toms Enforcement by Reorganization Plan Modifica- (3) Director of Program Analysis and Evalua-
tion for the Department of Homeland Security, eff. tion
sion, set out as a note under section 542 of this title. There shall be a Director of Program Anal-
ysis and Evaluation, who—
§ 342. Chief Financial Officer (A) shall be a principal staff assistant to
(a) In general the Chief Financial Officer of the Depart-
ment for program analysis and evaluation;
The Chief Financial Officer shall perform and
functions as specified in chapter 9 of title 31 and, (B) shall report to an official no lower
with respect to all such functions and other re- than the Chief Financial Officer.
sponsibilities that may be assigned to the Chief
Financial Officer from time to time, shall also (4) Reorganization
report to the Under Secretary for Management. (A) In general
(b) Program analysis and evaluation function The Secretary may allocate or reallocate
(1) Establishment of Office of Program Anal- the functions of the Office, or discontinue
ysis and Evaluation the Office, in accordance with section 452(a)
of this title.
Not later than 90 days after October 16, 2004,
the Secretary shall establish an Office of Pro- (B) Exemption from limitations
gram Analysis and Evaluation within the De- Section 452(b) of this title shall not apply
partment (in this section referred to as the to any action by the Secretary under this
‘‘Office’’). paragraph.
(2) Responsibilities (c) Notification regarding transfer or reprogram-
The Office shall perform the following func- ming of funds
tions: In any case in which appropriations available
(A) Analyze and evaluate plans, programs, to the Department or any officer of the Depart-
and budgets of the Department in relation to ment are transferred or reprogrammed and no-
United States homeland security objectives, tice of such transfer or reprogramming is sub-
projected threats, vulnerability assessments, mitted to the Congress (including any officer,
estimated costs, resource constraints, and office, or Committee of the Congress), the Chief
the most recent homeland security strategy Financial Officer of the Department shall simul-
developed pursuant to section 454(b)(2) of taneously submit such notice to the Select Com-
this title. mittee on Homeland Security (or any successor
(B) Develop and perform analyses and eval- to the jurisdiction of that committee) and the
uations of alternative plans, programs, per- Committee on Government Reform of the House
sonnel levels, and budget submissions for the of Representatives, and to the Committee on
Department in relation to United States Governmental Affairs of the Senate.
homeland security objectives, projected (Pub. L. 107–296, title VII, § 702, Nov. 25, 2002, 116
threats, vulnerability assessments, esti- Stat. 2219; Pub. L. 108–330, §§ 3(d)(1)(B), 6, 7, Oct.
mated costs, resource constraints, and the 16, 2004, 118 Stat. 1276, 1278, 1279.)
most recent homeland security strategy de-
veloped pursuant to section 454(b)(2) of this AMENDMENTS
title. 2004—Pub. L. 108–330, §§ 6, 7, designated existing provi-
(C) Establish policies for, and oversee the sions as subsec. (a), inserted heading, and added sub-
integration of, the planning, programming, secs. (b) and (c).
and budgeting system of the Department. Pub. L. 108–330, § 3(d)(1)(B), substituted ‘‘shall perform
(D) Review and ensure that the Depart- functions as specified in chapter 9 of title 31 and, with
respect to all such functions and other responsibilities
ment meets performance-based budget re- that may be assigned to the Chief Financial Officer
quirements established by the Office of Man- from time to time, shall also report to the Under Sec-
agement and Budget. retary for Management’’ for ‘‘shall report to the Sec-
(E) Provide guidance for, and oversee the retary, or to another official of the Department, as the
development of, the Future Years Homeland Secretary may direct’’.
CHANGE OF NAME § 343. Chief Information Officer

Select Committee on Homeland Security, which was
(a) In general
established by House Resolution 449, One Hundred Sev-
enth Congress, June 19, 2002, and reestablished by sec- The Chief Information Officer shall report to
tion 4 of House Resolution 5, One Hundred Eighth Con- the Secretary, or to another official of the De-
gress, Jan. 4, 2005, was not reestablished in the One partment, as the Secretary may direct.
Hundred Ninth Congress. Rule X(1)(i) of the Rules of
the House of Representatives, One Hundred Ninth Con- (b) Geospatial information functions
gress, as amended by section 2 of House Resolution 5, (1) Definitions
One Hundred Ninth Congress, Jan. 4, 2005, established a
Committee on Homeland Security. For jurisdiction of As used in this subsection:
the Select Committee on Homeland Security and of the (A) Geospatial information
Committee on Homeland Security, see section 4 of
House Resolution 5, One Hundred Eighth Congress, and The term ‘‘geospatial information’’ means
Rule X(1)(i) of the Rules of the House, One Hundred graphical or digital data depicting natural
Ninth Congress. or manmade physical features, phenomena,
Committee on Governmental Affairs of Senate or boundaries of the earth and any informa-
changed to Committee on Homeland Security and Gov-
ernmental Affairs of Senate, effective Jan. 4, 2005, by
tion related thereto, including surveys,
Senate Resolution No. 445, One Hundred Eighth Con- maps, charts, remote sensing data, and im-
gress, Oct. 9, 2004. ages.
FINDINGS (B) Geospatial technology
Pub. L. 108–330, § 2, Oct. 16, 2004, 118 Stat. 1275, pro- The term ‘‘geospatial technology’’ means
vided that: ‘‘The Congress finds the following: any technology utilized by analysts, special-
‘‘(1) Influential financial management leadership is ists, surveyors, photogrammetrists, hydrog-
of vital importance to the mission success of the De- raphers, geodesists, cartographers, archi-
partment of Homeland Security. For this reason, the
Chief Financial Officer of the Department must be a
tects, or engineers for the collection, stor-
key figure in the Department’s management. age, retrieval, or dissemination of geospatial
‘‘(2) To provide a sound financial leadership struc- information, including—
ture, the provisions of law enacted by the Chief Fi- (i) global satellite surveillance systems;
nancial Officers Act of 1990 (Public Law 101–576) [see (ii) global position systems;
Short Title of 1990 Amendment note set out under (iii) geographic information systems;
section 501 of Title 31, Money and Finance] provide (iv) mapping equipment;
that the Chief Financial Officer of each of the Fed-
eral executive departments is to be a Presidential ap- (v) geocoding technology; and
pointee who reports directly to the Secretary of that (vi) remote sensing devices.
department on financial management matters. Be- (2) Office of Geospatial Management
cause the Department of Homeland Security was only
recently created, the provisions enacted by that Act (A) Establishment
must be amended to include the Department within The Office of Geospatial Management is
these provisions. established within the Office of the Chief In-
‘‘(3) The Department of Homeland Security was cre-
ated by consolidation of 22 separate Federal agencies, formation Officer.
each with its own accounting and financial manage- (B) Geospatial Information Officer
ment system. None of these systems was developed
with a view to executing the mission of the Depart- (i) Appointment
ment of Homeland Security to prevent terrorist at- The Office of Geospatial Management
tacks within the United States, reduce the Nation’s shall be administered by the Geospatial In-
vulnerability to terrorism, and minimize the damage formation Officer, who shall be appointed
and assist in the recovery from terrorist attacks. For
these reasons, a strong Chief Financial Officer is
by the Secretary and serve under the di-
needed within the Department both to consolidate fi- rection of the Chief Information Officer.
nancial management operations, and to insure that (ii) Functions
management control systems are comprehensively
designed to achieve the mission and execute the The Geospatial Information Officer shall
strategy of the Department. assist the Chief Information Officer in car-
‘‘(4) The provisions of law enacted by the Chief Fi- rying out all functions under this section
nancial Officers Act of 1990 require agency Chief Fi- and in coordinating the geospatial infor-
nancial Officers to improve the financial information mation needs of the Department.
available to agency managers and the Congress.
Those provisions also specify that agency financial (C) Coordination of geospatial information
management systems must provide for the system- The Chief Information Officer shall estab-
atic measurement of performance. In the case of the lish and carry out a program to provide for
Department of Homeland Security, therefore, it is vi-
tally important that management control systems be
the efficient use of geospatial information,
designed with a clear view of a homeland security which shall include—
strategy, including the priorities of the Department (i) providing such geospatial information
in addressing those risks of terrorism deemed most as may be necessary to implement the
significant based upon a comprehensive assessment of critical infrastructure protection pro-
potential threats, vulnerabilities, criticality, and grams;
consequences. For this reason, Federal law should be (ii) providing leadership and coordina-
amended to clearly state the responsibilities of the tion in meeting the geospatial information
Chief Financial Officer of the Department of Home-
land Security to provide management control infor-
requirements of those responsible for plan-
mation, for the benefit of managers within the De- ning, prevention, mitigation, assessment
partment and to help inform the Congress, that per- and response to emergencies, critical in-
mits an assessment of the Department’s performance frastructure protection, and other func-
in executing a homeland security strategy.’’ tions of the Department; and
(iii) coordinating with users of ‘‘(3) Geospatial information preparedness in the

geospatial information within the Depart- United States, and specifically in the Department of
ment to assure interoperability and pre- Homeland Security, is insufficient because of—
‘‘(A) inadequate geospatial data compatibility;
vent unnecessary duplication. ‘‘(B) insufficient geospatial data sharing; and
(D) Responsibilities ‘‘(C) technology interoperability barriers.’’
In carrying out this subsection, the re- § 344. Chief Human Capital Officer
sponsibilities of the Chief Information Offi-
cer shall include— The Chief Human Capital Officer shall report
(i) coordinating the geospatial informa- to the Secretary, or to another official of the
tion needs and activities of the Depart- Department, as the Secretary may direct and
ment; shall ensure that all employees of the Depart-
(ii) implementing standards, as adopted ment are informed of their rights and remedies
by the Director of the Office of Manage- under chapters 12 and 23 of title 5 by—
ment and Budget under the processes es- (1) participating in the 2302(c) Certification
tablished under section 216 of the E-Gov- Program of the Office of Special Counsel;
ernment Act of 2002 (44 U.S.C. 3501 note), (2) achieving certification from the Office of
to facilitate the interoperability of Special Counsel of the Department’s compli-
geospatial information pertaining to ance with section 2302(c) of title 5; and
homeland security among all users of such (3) informing Congress of such certification
information within— not later than 24 months after November 25,
(I) the Department; 2002.
(II) State and local government; and (Pub. L. 107–296, title VII, § 704, Nov. 25, 2002, 116
(III) the private sector; Stat. 2219.)
(iii) coordinating with the Federal Geo- § 345. Establishment of Officer for Civil Rights
graphic Data Committee and carrying out and Civil Liberties
the responsibilities of the Department pur-
suant to Office of Management and Budget (a) In general
Circular A–16 and Executive Order 12906; The Officer for Civil Rights and Civil Lib-
and erties, who shall report directly to the Sec-
(iv) making recommendations to the retary, shall—
Secretary and the Executive Director of (1) review and assess information concerning
the Office for State and Local Government abuses of civil rights, civil liberties, and
Coordination and Preparedness on award- profiling on the basis of race, ethnicity, or re-
ing grants to— ligion, by employees and officials of the De-
(I) fund the creation of geospatial data; partment;
and (2) make public through the Internet, radio,
(II) execute information sharing agree- television, or newspaper advertisements infor-
ments regarding geospatial data with mation on the responsibilities and functions
State, local, and tribal governments. of, and how to contact, the Officer;
(3) Authorization of appropriations (3) assist the Secretary, directorates, and of-
fices of the Department to develop, imple-
There are authorized to be appropriated such ment, and periodically review Department
sums as may be necessary to carry out this policies and procedures to ensure that the pro-
subsection for each fiscal year. tection of civil rights and civil liberties is ap-
(Pub. L. 107–296, title VII, § 703, Nov. 25, 2002, 116 propriately incorporated into Department pro-
Stat. 2219; Pub. L. 108–458, title VIII, § 8201(b), grams and activities;
Dec. 17, 2004, 118 Stat. 3865.) (4) oversee compliance with constitutional,
statutory, regulatory, policy, and other re-
REFERENCES IN TEXT quirements relating to the civil rights and
Section 216 of the E-Government Act of 2002, referred civil liberties of individuals affected by the
to in subsec. (b)(2)(D)(ii), is section 216 of Pub. L. programs and activities of the Department;
107–347, which is set out in a note under section 3501 of (5) coordinate with the Privacy Officer to en-
Title 44, Public Printing and Documents. sure that—
Executive Order 12906, referred to in subsec.
(A) programs, policies, and procedures in-
(b)(2)(D)(iii), is set out as a note under section 1457 of
Title 43, Public Lands. volving civil rights, civil liberties, and pri-
vacy considerations are addressed in an inte-
AMENDMENTS grated and comprehensive manner; and
2004—Pub. L. 108–458 designated existing provisions as (B) Congress receives appropriate reports
subsec. (a), inserted heading, and added subsec. (b). regarding such programs, policies, and pro-
cedures; and
FINDINGS
(6) investigate complaints and information
Pub. L. 108–458, title VIII, § 8201(a), Dec. 17, 2004, 118
Stat. 3865, provided that: ‘‘Congress makes the fol- indicating possible abuses of civil rights or
lowing findings: civil liberties, unless the Inspector General of
‘‘(1) Geospatial technologies and geospatial data the Department determines that any such
improve government capabilities to detect, plan for, complaint or information should be inves-
prepare for, and respond to disasters in order to save tigated by the Inspector General.
lives and protect property. (b) Report
‘‘(2) Geospatial data improves the ability of infor-
mation technology applications and systems to en- The Secretary shall submit to the President of
hance public security in a cost-effective manner. the Senate, the Speaker of the House of Rep-
resentatives, and the appropriate committees (1) coordinate the activities of the Depart-
and subcommittees of Congress on an annual ment relating to State and local government;
basis a report on the implementation of this sec- (2) assess, and advocate for, the resources
tion, including the use of funds appropriated to needed by State and local government to im-
carry out this section, and detailing any allega- plement the national strategy for combating
tions of abuses described under subsection (a)(1) terrorism;
of this section and any actions taken by the De- (3) provide State and local government with
partment in response to such allegations. regular information, research, and technical
(Pub. L. 107–296, title VII, § 705, Nov. 25, 2002, 116 support to assist local efforts at securing the
Stat. 2219; Pub. L. 108–458, title VIII, § 8303, Dec. homeland; and
17, 2004, 118 Stat. 3867.) (4) develop a process for receiving meaning-
ful input from State and local government to
AMENDMENTS
assist the development of the national strat-
2004—Subsec. (a). Pub. L. 108–458, § 8303(1), reenacted egy for combating terrorism and other home-
heading without change and amended introductory pro- land security activities.
visions generally. Prior to amendment, introductory
provisions read as follows: ‘‘The Secretary shall ap- (Pub. L. 107–296, title VIII, § 801, Nov. 25, 2002, 116
point in the Department an Officer for Civil Rights and Stat. 2220.)
Civil Liberties, who shall—’’.
Subsec. (a)(1). Pub. L. 108–458, § 8303(2), amended par. PART B—INSPECTOR GENERAL
(1) generally. Prior to amendment, par. (1) read as fol-
lows: ‘‘review and assess information alleging abuses of § 371. Repealed. Pub. L. 108–7, div. L, § 104(c)(1),
civil rights, civil liberties, and racial and ethnic Feb. 20, 2003, 117 Stat. 531
profiling by employees and officials of the Department;
and’’. Section, Pub. L. 107–296, title VIII, § 811, Nov. 25, 2002,
Subsec. (a)(3) to (6). Pub. L. 108–458, § 8303(3), (4), 116 Stat. 2221, related to authority of Secretary of
added pars. (3) to (6). Homeland Security with respect to Inspector General.
§ 346. Consolidation and co-location of offices PART C—UNITED STATES SECRET SERVICE
Not later than 1 year after November 25, 2002, § 381. Functions transferred
the Secretary shall develop and submit to Con-
gress a plan for consolidating and co-locating— In accordance with subchapter XII of this
(1) any regional offices or field offices of chapter, there shall be transferred to the Sec-
agencies that are transferred to the Depart- retary the functions, personnel, assets, and obli-
ment under this chapter, if such officers 1 are gations of the United States Secret Service,
located in the same municipality; and which shall be maintained as a distinct entity
(2) portions of regional and field offices of within the Department, including the functions
other Federal agencies, to the extent such of- of the Secretary of the Treasury relating there-
fices perform functions that are transferred to to.
the Secretary under this chapter.
(Pub. L. 107–296, title VIII, § 821, Nov. 25, 2002, 116
(Pub. L. 107–296, title VII, § 706, Nov. 25, 2002, 116 Stat. 2224.)
Stat. 2220.)
REFERENCES IN TEXT PART D—ACQUISITIONS
This chapter, referred to in pars. (1) and (2), was in § 391. Research and development projects
the original ‘‘this Act’’, meaning Pub. L. 107–296, Nov.
25, 2002, 116 Stat. 2135, known as the Homeland Security (a) Authority
Act of 2002, which is classified principally to this chap- During the 5-year period following the effec-
ter. For complete classification of this Act to the Code,
see Short Title note set out under section 101 of this
tive date of this chapter, the Secretary may
title and Tables. carry out a pilot program under which the Sec-
retary may exercise the following authorities:
SUBCHAPTER VIII—COORDINATION WITH (1) In general
NON-FEDERAL ENTITIES; INSPECTOR
GENERAL; UNITED STATES SECRET When the Secretary carries out basic, ap-
SERVICE; COAST GUARD; GENERAL PRO- plied, and advanced research and development
VISIONS projects, including the expenditure of funds
for such projects, the Secretary may exercise
PART A—COORDINATION WITH NON-FEDERAL the same authority (subject to the same limi-
ENTITIES tations and conditions) with respect to such
research and projects as the Secretary of De-
§ 361. Office for State and Local Government Co-
ordination fense may exercise under section 2371 of title
10 (except for subsections (b) and (f)), after
(a) Establishment making a determination that the use of a con-
There is established within the Office of the tract, grant, or cooperative agreement for
Secretary the Office for State and Local Govern- such project is not feasible or appropriate. The
ment Coordination, to oversee and coordinate annual report required under subsection (b) of
departmental programs for and relationships this section, as applied to the Secretary by
with State and local governments. this paragraph, shall be submitted to the
(b) Responsibilities President of the Senate and the Speaker of the
The Office established under subsection (a) of House of Representatives.
this section shall— (2) Prototype projects
The Secretary may, under the authority of
1 So in original. Probably should be ‘‘offices’’. paragraph (1), carry out prototype projects in
accordance with the requirements and condi- (1) may procure the temporary or intermit-
tions provided for carrying out prototype tent services of experts or consultants (or or-
projects under section 845 of the National De- ganizations thereof) in accordance with sec-
fense Authorization Act for Fiscal Year 1994 tion 3109 of title 5; and
(Public Law 103–160). In applying the authori- (2) may, whenever necessary due to an ur-
ties of that section 845, subsection (c) of that gent homeland security need, procure tem-
section shall apply with respect to prototype porary (not to exceed 1 year) or intermittent
projects under this paragraph, and the Sec- personal services, including the services of ex-
retary shall perform the functions of the Sec- perts or consultants (or organizations thereof),
retary of Defense under subsection (d) thereof. without regard to the pay limitations of such
(b) Report section 3109.
Not later than 2 years after the effective date (Pub. L. 107–296, title VIII, § 832, Nov. 25, 2002, 116
of this chapter, and annually thereafter, the Stat. 2225.)
Comptroller General shall report to the Com- § 393. Special streamlined acquisition authority
mittee on Government Reform of the House of
Representatives and the Committee on Govern- (a) Authority
mental Affairs of the Senate on— (1) In general
(1) whether use of the authorities described The Secretary may use the authorities set
in subsection (a) of this section attracts non- forth in this section with respect to any pro-
traditional Government contractors and re- curement made during the period beginning on
sults in the acquisition of needed technologies; the effective date of this chapter and ending
and September 30, 2007, if the Secretary deter-
(2) if such authorities were to be made per- mines in writing that the mission of the De-
manent, whether additional safeguards are partment (as described in section 111 of this
needed with respect to the use of such authori- title) would be seriously impaired without the
ties. use of such authorities.
(c) Procurement of temporary and intermittent (2) Delegation
services The authority to make the determination
The Secretary may— described in paragraph (1) may not be dele-
(1) procure the temporary or intermittent gated by the Secretary to an officer of the De-
services of experts or consultants (or organiza- partment who is not appointed by the Presi-
tions thereof) in accordance with section dent with the advice and consent of the Sen-
3109(b) of title 5; and ate.
(2) whenever necessary due to an urgent (3) Notification
homeland security need, procure temporary Not later than the date that is 7 days after
(not to exceed 1 year) or intermittent personal the date of any determination under para-
services, including the services of experts or graph (1), the Secretary shall submit to the
consultants (or organizations thereof), with- Committee on Government Reform of the
out regard to the pay limitations of such sec- House of Representatives and the Committee
tion 3109. on Governmental Affairs of the Senate—
(d) Definition of nontraditional Government con- (A) notification of such determination; and
tractor (B) the justification for such determina-
tion.
In this section, the term ‘‘nontraditional Gov-
(b) Increased micro-purchase threshold for cer-
ernment contractor’’ has the same meaning as
tain procurements
the term ‘‘nontraditional defense contractor’’ as
defined in section 845(e) of the National Defense (1) In general
Authorization Act for Fiscal Year 1994 (Public The Secretary may designate certain em-
Law 103–160; 10 U.S.C. 2371 note). ployees of the Department to make procure-
ments described in subsection (a) of this sec-
(Pub. L. 107–296, title VIII, § 831, Nov. 25, 2002, 116 tion for which in the administration of section
Stat. 2224.) 428 of title 41 the amount specified in sub-
REFERENCES IN TEXT sections (c), (d), and (f) of such section 428
The effective date of this chapter, referred to in sub- shall be deemed to be $7,500.
secs. (a) and (b), is 60 days after Nov. 25, 2002, see sec- (2) Number of employees
tion 4 of Pub. L. 107–296, set out as an Effective Date The number of employees designated under
note under section 101 of this title. paragraph (1) shall be—
Section 845 of the National Defense Authorization (A) fewer than the number of employees of
Act for Fiscal Year 1994, referred to in subsecs. (a)(2)
and (d), is section 845 of Pub. L. 103–160, which is set out
the Department who are authorized to make
as a note under section 2371 of Title 10, Armed Forces. purchases without obtaining competitive
quotations, pursuant to section 428(c) of title
CHANGE OF NAME 41;
Committee on Governmental Affairs of Senate (B) sufficient to ensure the geographic dis-
changed to Committee on Homeland Security and Gov- persal of the availability of the use of the
ernmental Affairs of Senate, effective Jan. 4, 2005, by procurement authority under such para-
Senate Resolution No. 445, One Hundred Eighth Con- graph at locations reasonably considered to
gress, Oct. 9, 2004. be potential terrorist targets; and
§ 392. Personal services (C) sufficiently limited to allow for the
careful monitoring of employees designated
The Secretary— under such paragraph.
(3) Review (b)(2) and (b)(3) of this section to monitor the

Procurements made under the authority of use of procurement authority by employees
this subsection shall be subject to review by a designated under subsection (b)(1) of this sec-
designated supervisor on not less than a tion.
monthly basis. The supervisor responsible for (5) Any recommendations of the Comptroller
the review shall be responsible for no more General for improving the effectiveness of the
than 7 employees making procurements under implementation of the provisions of this sec-
this subsection. tion.
(c) Simplified acquisition procedures (Pub. L. 107–296, title VIII, § 833, Nov. 25, 2002, 116
Stat. 2225.)
(1) In general
With respect to a procurement described in REFERENCES IN TEXT
subsection (a) of this section, the Secretary The effective date of this chapter, referred to in sub-
may deem the simplified acquisition threshold sec. (a)(1), is 60 days after Nov. 25, 2002, see section 4 of
referred to in section 403(11) of title 41 to be— Pub. L. 107–296, set out as an Effective Date note under
(A) in the case of a contract to be awarded section 101 of this title.
Section 4202(e) of the Clinger-Cohen Act of 1996, re-
and performed, or purchase to be made,
ferred to in subsec. (d)(3), is section 4202(e) of Pub. L.
within the United States, $200,000; and 104–106, which is set out as a note under section 2304 of
(B) in the case of a contract to be awarded Title 10, Armed Forces.
and performed, or purchase to be made, out-
side of the United States, $300,000. CODIFICATION
(2) Omitted Section is comprised of section 833 of Pub. L. 107–296.

Subsec. (c)(2) of section 833 of Pub. L. 107–296 amended
(d) Application of certain commercial items au- section 416 of Title 41, Public Contracts.
thorities
CHANGE OF NAME
(1) In general
Committee on Governmental Affairs of Senate
With respect to a procurement described in changed to Committee on Homeland Security and Gov-
subsection (a) of this section, the Secretary ernmental Affairs of Senate, effective Jan. 4, 2005, by
may deem any item or service to be a commer- Senate Resolution No. 445, One Hundred Eighth Con-
cial item for the purpose of Federal procure- gress, Oct. 9, 2004.
ment laws.
§ 394. Unsolicited proposals
(2) Limitation
The $5,000,000 limitation provided in section (a) Regulations required
427(a)(2) of title 41 and section 253(g)(1)(B) of Within 1 year of November 25, 2002, the Federal
title 41 shall be deemed to be $7,500,000 for pur- Acquisition Regulation shall be revised to in-
poses of property or services under the author- clude regulations with regard to unsolicited pro-
ity of this subsection. posals.
(3) Certain authority (b) Content of regulations
Authority under a provision of law referred The regulations prescribed under subsection
to in paragraph (2) that expires under section (a) of this section shall require that before initi-
4202(e) of the Clinger-Cohen Act of 1996 (divi- ating a comprehensive evaluation, an agency
sions D and E of Public Law 104–106; 10 U.S.C. contact point shall consider, among other fac-
2304 note) shall, notwithstanding such section, tors, that the proposal—
continue to apply for a procurement described (1) is not submitted in response to a pre-
in subsection (a) of this section. viously published agency requirement; and
(e) Report (2) contains technical and cost information
for evaluation and overall scientific, technical
Not later than 180 days after the end of fiscal or socioeconomic merit, or cost-related or
year 2005, the Comptroller General shall submit price-related factors.
to the Committee on Governmental Affairs of
the Senate and the Committee on Government (Pub. L. 107–296, title VIII, § 834, Nov. 25, 2002, 116
Reform of the House of Representatives a report Stat. 2227.)
on the use of the authorities provided in this
§ 395. Prohibition on contracts with corporate ex-
section. The report shall contain the following:
patriates
(1) An assessment of the extent to which
property and services acquired using authori- (a) In general
ties provided under this section contributed to The Secretary may not enter into any con-
the capacity of the Federal workforce to fa- tract with a foreign incorporated entity which is
cilitate the mission of the Department as de- treated as an inverted domestic corporation
scribed in section 111 of this title. under subsection (b) of this section, or any sub-
(2) An assessment of the extent to which sidiary of such an entity.
prices for property and services acquired using
authorities provided under this section re- (b) Inverted domestic corporation
flected the best value. For purposes of this section, a foreign incor-
(3) The number of employees designated by porated entity shall be treated as an inverted
each executive agency under subsection (b)(1) domestic corporation if, pursuant to a plan (or a
of this section. series of related transactions)—
(4) An assessment of the extent to which the (1) the entity completes before, on, or after
Department has implemented subsections November 25, 2002, the direct or indirect acqui-
sition of substantially all of the properties (i) treat warrants, options, contracts to
held directly or indirectly by a domestic cor- acquire stock, convertible debt instru-
poration or substantially all of the properties ments, and other similar interests as
constituting a trade or business of a domestic stock; and
partnership; (ii) treat stock as not stock.
(2) after the acquisition at least 80 percent of (2) Expanded affiliated group
the stock (by vote or value) of the entity is
held— The term ‘‘expanded affiliated group’’ means
(A) in the case of an acquisition with re- an affiliated group as defined in section 1504(a)
spect to a domestic corporation, by former of title 26 (without regard to section 1504(b) of
shareholders of the domestic corporation by such title), except that section 1504 of such
reason of holding stock in the domestic cor- title shall be applied by substituting ‘‘more
poration; or than 50 percent’’ for ‘‘at least 80 percent’’ each
(B) in the case of an acquisition with replace it appears.
spect to a domestic partnership, by former (3) Foreign incorporated entity
partners of the domestic partnership by rea-
son of holding a capital or profits interest in The term ‘‘foreign incorporated entity’’
the domestic partnership; and means any entity which is, or but for sub-
section (b) of this section would be, treated as
(3) the expanded affiliated group which after a foreign corporation for purposes of title 26.
the acquisition includes the entity does not
have substantial business activities in the for- (4) Other definitions
eign country in which or under the law of The terms ‘‘person’’, ‘‘domestic’’, and ‘‘for-
which the entity is created or organized when eign’’ have the meanings given such terms by
compared to the total business activities of paragraphs (1), (4), and (5) of section 7701(a) of
such expanded affiliated group. title 26, respectively.
(c) Definitions and special rules (d) Waivers
(1) Rules for application of subsection (b) The Secretary shall waive subsection (a) of
In applying subsection (b) of this section for this section with respect to any specific con-
purposes of subsection (a) of this section, the tract if the Secretary determines that the waiv-
following rules shall apply: er is required in the interest of national secu-
(A) Certain stock disregarded rity.
There shall not be taken into account in (Pub. L. 107–296, title VIII, § 835, Nov. 25, 2002, 116
determining ownership for purposes of sub- Stat. 2227; Pub. L. 108–7, div. L, § 101(2), Feb. 20,
section (b)(2) of this section— 2003, 117 Stat. 528; Pub. L. 108–334, title V, § 523,
(i) stock held by members of the ex- Oct. 18, 2004, 118 Stat. 1320.)
panded affiliated group which includes the
foreign incorporated entity; or AMENDMENTS
(ii) stock of such entity which is sold in 2004—Subsec. (a). Pub. L. 108–334, § 523(1), inserted be-
a public offering related to the acquisition fore period at end ‘‘, or any subsidiary of such an enti-
described in subsection (b)(1) of this sec- ty’’.
tion. Subsec. (b)(1). Pub. L. 108–334, § 523(2), inserted ‘‘be-
(B) Plan deemed in certain cases fore, on, or’’ after ‘‘completes’’.
Subsec. (c)(1)(B). Pub. L. 108–334, § 523(3), struck out
If a foreign incorporated entity acquires ‘‘which is after November 25, 2002, and’’ after ‘‘begin-
directly or indirectly substantially all of the ning on the date’’.
properties of a domestic corporation or part- Subsec. (d). Pub. L. 108–334, § 523(4), substituted ‘‘na-
nership during the 4-year period beginning tional’’ for ‘‘homeland’’.
on the date which is 2 years before the own- 2003—Subsec. (d). Pub. L. 108–7 struck out ‘‘, or to
ership requirements of subsection (b)(2) of prevent the loss of any jobs in the United States or pre-
this section are met, such actions shall be vent the Government from incurring any additional
treated as pursuant to a plan. costs that otherwise would not occur’’ before period at
end.
(C) Certain transfers disregarded
The transfer of properties or liabilities (in- PART E—HUMAN RESOURCES MANAGEMENT
cluding by contribution or distribution)
shall be disregarded if such transfers are § 411. Establishment of human resources manage-
part of a plan a principal purpose of which is ment system
to avoid the purposes of this section. (a) Authority
(D) Special rule for related partnerships (1) Sense of Congress
For purposes of applying subsection (b) of It is the sense of Congress that—
this section to the acquisition of a domestic (A) it is extremely important that employ-
partnership, except as provided in regula- ees of the Department be allowed to partici-
tions, all domestic partnerships which are pate in a meaningful way in the creation of
under common control (within the meaning
any human resources management system
of section 482 of title 26) shall be treated as
affecting them;
I 1 partnership.
(B) such employees have the most direct
(E) Treatment of certain rights knowledge of the demands of their jobs and
The Secretary shall prescribe such regula- have a direct interest in ensuring that their
tions as may be necessary to— human resources management system is
conducive to achieving optimal operational
1 So in original. efficiencies;
(C) the 21st century human resources man- (B) a majority of the employees within
agement system envisioned for the Depart- such agency (or subdivision) have as their
ment should be one that benefits from the primary duty intelligence, counterintel-
input of its employees; and ligence, or investigative work directly re-
(D) this collaborative effort will help se- lated to terrorism investigation.
cure our homeland. (2) Exclusions allowable
(2), (3) Omitted
Nothing in paragraph (1) shall affect the ef-
(b) Effect on personnel fectiveness of any order to the extent that
(1) Nonseparation or nonreduction in grade or such order excludes any portion of an agency
compensation of full-time personnel and or subdivision of an agency as to which—
part-time personnel holding permanent po- (A) recognition as an appropriate unit has
sitions never been conferred for purposes of chapter
Except as otherwise provided in this chap- 71 of such title 5; or
ter, the transfer under this chapter of full- (B) any such recognition has been revoked
time personnel (except special Government or otherwise terminated as a result of a de-
employees) and part-time personnel holding termination under subsection (b)(1) of this
permanent positions shall not cause any such section.
employee to be separated or reduced in grade (b) Provisions relating to bargaining units
or compensation for 1 year after the date of (1) Limitation relating to appropriate units
transfer to the Department.
(2) Positions compensated in accordance with Each unit which is recognized as an appro-
Executive Schedule priate unit for purposes of chapter 71 of title 5
as of the day before the effective date of this
Any person who, on the day preceding such chapter (and any subdivision of any such unit)
person’s date of transfer pursuant to this shall, if such unit (or subdivision) is trans-
chapter, held a position compensated in ac- ferred to the Department pursuant to this
cordance with the Executive Schedule pre- chapter, continue to be so recognized for such
scribed in chapter 53 of title 5 and who, with- purposes, unless—
out a break in service, is appointed in the De- (A) the mission and responsibilities of such
partment to a position having duties com- unit (or subdivision) materially change; and
parable to the duties performed immediately (B) a majority of the employees within
preceding such appointment shall continue to such unit (or subdivision) have as their pri-
be compensated in such new position at not mary duty intelligence, counterintelligence,
less than the rate provided for such position, or investigative work directly related to ter-
for the duration of the service of such person rorism investigation.
in such new position.
(2) Limitation relating to positions or employ-
(3) Coordination rule ees
Any exercise of authority under chapter 97
No position or employee within a unit (or
of title 5, including under any system estab-
subdivision of a unit) as to which continued
lished under such chapter, shall be in conform-
recognition is given in accordance with para-
ance with the requirements of this subsection.
graph (1) shall be excluded from such unit (or
(Pub. L. 107–296, title VIII, § 841, Nov. 25, 2002, 116 subdivision), for purposes of chapter 71 of such
Stat. 2229.) title 5, unless the primary job duty of such po-
REFERENCES IN TEXT sition or employee—
(A) materially changes; and
This chapter, referred to in subsec. (b)(1), (2), was in
(B) consists of intelligence, counterintel-
the original ‘‘this Act’’, meaning Pub. L. 107–296, Nov.
25, 2002, 116 Stat. 2135, known as the Homeland Security ligence, or investigative work directly re-
Act of 2002, which is classified principally to this chap- lated to terrorism investigation.
ter. For complete classification of this Act to the Code, In the case of any positions within a unit (or
see Short Title note set out under section 101 of this
subdivision) which are first established on or
title and Tables.
after the effective date of this chapter and any
CODIFICATION employees first appointed on or after such
Section is comprised of section 841 of Pub. L. 107–296. date, the preceding sentence shall be applied
Subsec. (a)(2), (3) of section 841 of Pub. L. 107–296 en- disregarding subparagraph (A).
acted chapter 97 (§ 9701) of Title 5, Government Organi- (c) Waiver
zation and Employees.
If the President determines that the applica-
§ 412. Labor-management relations tion of subsections (a), (b), and (d) of this sec-
(a) Limitation on exclusionary authority tion would have a substantial adverse impact on
(1) In general the ability of the Department to protect home-
land security, the President may waive the ap-
No agency or subdivision of an agency which plication of such subsections 10 days after the
is transferred to the Department pursuant to President has submitted to Congress a written
this chapter shall be excluded from the cov- explanation of the reasons for such determina-
erage of chapter 71 of title 5 as a result of any tion.
order issued under section 7103(b)(1) of such
title 5 after June 18, 2002, unless— (d) Coordination rule
(A) the mission and responsibilities of the No other provision of this chapter or of any
agency (or subdivision) materially change; amendment made by this chapter may be con-
and strued or applied in a manner so as to limit, su-
persede, or otherwise affect the provisions of REFERENCES IN TEXT

this section, except to the extent that it does so For repeal of section 1701 of title 21, referred to in
by specific reference to this section. subsec. (b)(1)(A), see section 1712 of Title 21, Food and
(e) Rule of construction Drugs.
Nothing in section 9701(e) of title 5 shall be PART F—FEDERAL EMERGENCY PROCUREMENT

considered to apply with respect to any agency FLEXIBILITY
or subdivision of any agency, which is excluded
§ 421. Definition
from the coverage of chapter 71 of title 5 by vir-
tue of an order issued in accordance with section In this part, the term ‘‘executive agency’’ has
7103(b) of such title 5 and the preceding provi- the meaning given that term under section
sions of this section (as applicable), or to any 403(1) of title 41.
employees of any such agency or subdivision or (Pub. L. 107–296, title VIII, § 851, Nov. 25, 2002, 116
to any individual or entity representing any Stat. 2235.)
such employees or any representatives thereof.
§ 422. Procurements for defense against or recov-
ery from terrorism or nuclear, biological,
Stat. 2234.)
chemical, or radiological attack
REFERENCES IN TEXT
The authorities provided in this part apply to
The effective date of this chapter, referred to in sub- any procurement of property or services by or
sec. (b), is 60 days after Nov. 25, 2002, see section 4 of for an executive agency that, as determined by
Pub. L. 107–296, set out as an Effective Date note under
the head of the executive agency, are to be used
section 101 of this title.
to facilitate defense against or recovery from
§ 413. Use of counternarcotics enforcement ac- terrorism or nuclear, biological, chemical, or ra-
tivities in certain employee performance ap- diological attack, but only if a solicitation of of-
praisals fers for the procurement is issued during the 1-
year period beginning on November 25, 2002.
(a) In general
Each subdivision of the Department that is a Stat. 2235.)
National Drug Control Program Agency shall in-
clude as one of the criteria in its performance § 423. Increased simplified acquisition threshold
appraisal system, for each employee directly or for procurements in support of humanitarian
indirectly involved in the enforcement of Fed- or peacekeeping operations or contingency
eral, State, or local narcotics laws, the perform- operations
ance of that employee with respect to the en- (a) Temporary threshold amounts
forcement of Federal, State, or local narcotics
laws, relying to the greatest extent practicable For a procurement referred to in section 422 of
on objective performance measures, including— this title that is carried out in support of a hu-
(1) the contribution of that employee to sei- manitarian or peacekeeping operation or a con-
zures of narcotics and arrests of violators of tingency operation, the simplified acquisition
Federal, State, or local narcotics laws; and threshold definitions shall be applied as if the
(2) the degree to which that employee co- amount determined under the exception pro-
operated with or contributed to the efforts of vided for such an operation in those definitions
other employees, either within the Depart- were—
(1) in the case of a contract to be awarded
ment or other Federal, State, or local agen-
and performed, or purchase to be made, inside
cies, in counternarcotics enforcement.
the United States, $200,000; or
(b) Definitions (2) in the case of a contract to be awarded
For purposes of this section— and performed, or purchase to be made, out-
(1) the term ‘‘National Drug Control Pro- side the United States, $300,000.
gram Agency’’ means— (b) Simplified acquisition threshold definitions
(A) a National Drug Control Program In this section, the term ‘‘simplified acquisi-
Agency, as defined in section 1701(7) of title tion threshold definitions’’ means the following:
21 (as last in effect); and (1) Section 403(11) of title 41.
(B) any subdivision of the Department that (2) Section 259(d) of title 41.
has a significant counternarcotics responsi- (3) Section 2302(7) of title 10.
bility, as determined by— (c) Small business reserve
(i) the counternarcotics officer, ap- For a procurement carried out pursuant to
pointed under section 458 of this title; or subsection (a) of this section, section 644(j) of
(ii) if applicable, the counternarcotics of- title 15 shall be applied as if the maximum an-
ficer’s successor in function (as deter- ticipated value identified therein is equal to the
mined by the Secretary); and amounts referred to in subsection (a) of this sec-
(2) the term ‘‘performance appraisal system’’ tion.
means a system under which periodic apprais- (Pub. L. 107–296, title VIII, § 853, Nov. 25, 2002, 116
als of job performance of employees are made, Stat. 2235.)
whether under chapter 43 of title 5, or other-
wise. § 424. Increased micro-purchase threshold for
certain procurements
(Pub. L. 107–296, title VIII, § 843, as added Pub. L.
108–458, title VII, § 7408(a), Dec. 17, 2004, 118 Stat. In the administration of section 428 of title 41
3854.) with respect to a procurement referred to in sec-
tion 422 of this title, the amount specified in (1) Federal Property and Administrative Serv-
subsections (c), (d), and (f) of such section 428 ices Act of 1949
shall be deemed to be $7,500. In title III of the Federal Property and Ad-
(Pub. L. 107–296, title VIII, § 854, Nov. 25, 2002, 116 ministrative Services Act of 1949 [41 U.S.C. 251
Stat. 2236.) et seq.]:
(A) Paragraphs (1), (2), (6), and (7) of sub-
§ 425. Application of certain commercial items section (c) of section 303 (41 U.S.C. 253), re-
authorities to certain procurements lating to use of procedures other than com-
(a) Authority petitive procedures under certain cir-
cumstances (subject to subsection (e) of such
(1) In general section).
The head of an executive agency may apply (B) Section 303J (41 U.S.C. 253j), relating to
the provisions of law listed in paragraph (2) to orders under task and delivery order con-
a procurement referred to in section 422 of this tracts.
title without regard to whether the property (2) Title 10
or services are commercial items.
In chapter 137 of title 10:
(2) Commercial item laws (A) Paragraphs (1), (2), (6), and (7) of sub-
The provisions of law referred to in para- section (c) of section 2304, relating to use of
graph (1) are as follows: procedures other than competitive proce-
(A) Sections 427 and 430 of title 41. dures under certain circumstances (subject
(B) Section 2304(g) of title 10. to subsection (e) of such section).
(C) Section 253(g) of title 41. (B) Section 2304c, relating to orders under
(b) Inapplicability of limitation on use of sim- task and delivery order contracts.
plified acquisition procedures (3) Office of Federal Procurement Policy Act
(1) In general Paragraphs (1)(B), (1)(D), and (2) of section
The $5,000,000 limitation provided in section 18(c) of the Office of Federal Procurement Pol-
427(a)(2) of title 41, section 2304(g)(1)(B) of title icy Act (41 U.S.C. 416(c)), relating to inapplica-
10, and section 253(g)(1)(B) of title 41 shall not bility of a requirement for procurement no-
apply to purchases of property or services to tice.
which any of the provisions of law referred to (b) Waiver of certain small business threshold re-
in subsection (a) of this section are applied quirements
under the authority of this section. Subclause (II) of section 637(a)(1)(D)(i) of title
(2) OMB guidance 15 and clause (ii) of section 657a(b)(2)(A) of title
The Director of the Office of Management 15 shall not apply in the use of streamlined ac-
and Budget shall issue guidance and proce- quisition authorities and procedures referred to
dures for the use of simplified acquisition pro- in paragraphs (1)(A) and (2)(A) of subsection (a)
cedures for a purchase of property or services of this section for a procurement referred to in
in excess of $5,000,000 under the authority of section 422 of this title.
this section. (Pub. L. 107–296, title VIII, § 856, Nov. 25, 2002, 116
(c) Continuation of authority for simplified pur- Stat. 2237.)
chase procedures REFERENCES IN TEXT
Authority under a provision of law referred to The Federal Property and Administrative Services
in subsection (a)(2) of this section that expires Act of 1949, referred to in subsec. (a)(1), is act June 30,
under section 4202(e) of the Clinger-Cohen Act of 1949, ch. 288, 63 Stat. 377, as amended. Title III of the
1996 (divisions D and E of Public Law 104–106; 10 Act is classified generally to subchapter IV (§ 251 et
U.S.C. 2304 note) shall, notwithstanding such seq.) of chapter 4 of Title 41, Public Contracts. For
section, continue to apply for use by the head of complete classification of this Act to the Code, see Ta-
an executive agency as provided in subsections bles.
(a) and (b) of this section.
§ 427. Review and report by Comptroller General
(a) Requirements
Stat. 2236.)
Not later than March 31, 2004, the Comptroller
REFERENCES IN TEXT General shall—
Section 4202(e) of the Clinger-Cohen Act of 1996, re- (1) complete a review of the extent to which
ferred to in subsec. (c), is section 4202(e) of Pub. L. procurements of property and services have
104–106, which is set out as a note under section 2304 of been made in accordance with this part; and
Title 10, Armed Forces. (2) submit a report on the results of the re-
§ 426. Use of streamlined procedures view to the Committee on Governmental Af-
fairs of the Senate and the Committee on Gov-
(a) Required use ernment Reform of the House of Representa-
The head of an executive agency shall, when tives.
appropriate, use streamlined acquisition au- (b) Content of report
thorities and procedures authorized by law for a The report under subsection (a)(2) of this sec-
procurement referred to in section 422 of this tion shall include the following matters:
title, including authorities and procedures that
are provided under the following provisions of (1) Assessment
law: The Comptroller General’s assessment of—
(A) the extent to which property and serv- methods, including use of commercial databases,
ices procured in accordance with this sub- to carry out the research.
chapter have contributed to the capacity of
the workforce of Federal Government em-
Stat. 2238.)
ployees within each executive agency to
carry out the mission of the executive agen- PART G—SUPPORT ANTI-TERRORISM BY
cy; and FOSTERING EFFECTIVE TECHNOLOGIES
(B) the extent to which Federal Govern-
ment employees have been trained on the § 441. Administration
use of technology. (a) In general
(2) Recommendations
The Secretary shall be responsible for the ad-
Any recommendations of the Comptroller ministration of this part.
General resulting from the assessment de- (b) Designation of qualified anti-terrorism tech-
scribed in paragraph (1). nologies
(c) Consultation
The Secretary may designate anti-terrorism
In preparing for the review under subsection technologies that qualify for protection under
(a)(1) of this section, the Comptroller shall con- the system of risk management set forth in this
sult with the Committee on Governmental Af- part in accordance with criteria that shall in-
fairs of the Senate and the Committee on Gov- clude, but not be limited to, the following:
ernment Reform of the House of Representatives (1) Prior United States Government use or
on the specific issues and topics to be reviewed. demonstrated substantial utility and effec-
The extent of coverage needed in areas such as tiveness.
technology integration, employee training, and (2) Availability of the technology for imme-
human capital management, as well as the data diate deployment in public and private set-
requirements of the study, shall be included as tings.
part of the consultation. (3) Existence of extraordinarily large or ex-
(Pub. L. 107–296, title VIII, § 857, Nov. 25, 2002, 116 traordinarily unquantifiable potential third
Stat. 2237.) party liability risk exposure to the Seller or
other provider of such anti-terrorism tech-
REFERENCES IN TEXT
nology.
This subchapter, referred to in subsec. (b)(1)(A), was (4) Substantial likelihood that such anti-ter-
in the original ‘‘this title’’, meaning title VIII of Pub. rorism technology will not be deployed unless
L. 107–296, which enacted this subchapter, chapter 97 of protections under the system of risk manage-
Title 5, Government Organization and Employees, and
ment provided under this part are extended.
section 8J of the Inspector General Act of 1978, Pub. L.
95–452, set out in the Appendix to Title 5, amended sec- (5) Magnitude of risk exposure to the public
tion 6 of the Inspector General Act of 1978, section 2517 if such anti-terrorism technology is not de-
of Title 18, Crimes and Criminal Procedure, Rule 6 of ployed.
the Federal Rules of Criminal Procedure, set out in the (6) Evaluation of all scientific studies that
Appendix to Title 18, section 1105 of Title 31, Money and can be feasibly conducted in order to assess
Finance, section 416 of Title 41, Public Contracts, and the capability of the technology to substan-
sections 403–5d, 1806, and 1825 of Title 50, War and Na- tially reduce risks of harm.
tional Defense, enacted provisions set out as notes
(7) Anti-terrorism technology that would be
under section 101 of this title, section 6 of the Inspector
General Act of 1978, and section 1105 of Title 31, amend- effective in facilitating the defense against
ed provisions set out as notes under section 2517 of acts of terrorism, including technologies that
Title 18, section 40101 of Title 49, Transportation, and prevent, defeat or respond to such acts.
section 2301 of Title 50, and repealed provisions set out (c) Regulations
as a note under section 1113 of Title 31. For complete
classification of title VIII to the Code, see Tables. The Secretary may issue such regulations,
after notice and comment in accordance with
CHANGE OF NAME
section 553 of title 5, as may be necessary to
Committee on Governmental Affairs of Senate carry out this part.
changed to Committee on Homeland Security and Gov-
ernmental Affairs of Senate, effective Jan. 4, 2005, by (Pub. L. 107–296, title VIII, § 862, Nov. 25, 2002, 116
Senate Resolution No. 445, One Hundred Eighth Con- Stat. 2238.)
gress, Oct. 9, 2004.
SHORT TITLE
§ 428. Identification of new entrants into the Fed- For short title of this part as the ‘‘Support Anti-ter-
eral marketplace rorism by Fostering Effective Technologies Act of 2002’’
or the ‘‘SAFETY Act’’, see section 861 of Pub. L.
The head of each executive agency shall con- 107–296, set out as a Short Title note under section 101
duct market research on an ongoing basis to of this title.
identify effectively the capabilities, including
the capabilities of small businesses and new en- § 442. Litigation management
trants into Federal contracting, that are avail- (a) Federal cause of action
able in the marketplace for meeting the require-
ments of the executive agency in furtherance of (1) In general
defense against or recovery from terrorism or There shall exist a Federal cause of action
nuclear, biological, chemical, or radiological at- for claims arising out of, relating to, or result-
tack. The head of the executive agency shall, to ing from an act of terrorism when qualified
the maximum extent practicable, take advan- anti-terrorism technologies have been de-
tage of commercially available market research ployed in defense against or response or recov-
ery from such act and such claims result or and (3) of this subsection, have been deployed
may result in loss to the Seller. The sub- in defense against or response or recovery
stantive law for decision in any such action from such act and such claims result or may
shall be derived from the law, including choice result in loss to the Seller, there shall be a re-
of law principles, of the State in which such buttable presumption that the government
acts of terrorism occurred, unless such law is contractor defense applies in such lawsuit.
inconsistent with or preempted by Federal This presumption shall only be overcome by
law. Such Federal cause of action shall be evidence showing that the Seller acted fraudu-
brought only for claims for injuries that are lently or with willful misconduct in submit-
proximately caused by sellers that provide ting information to the Secretary during the
qualified anti-terrorism technology to Federal course of the Secretary’s consideration of such
and non-Federal government customers. technology under this subsection. This pre-
(2) Jurisdiction sumption of the government contractor de-
fense shall apply regardless of whether the
Such appropriate district court of the claim against the Seller arises from a sale of
United States shall have original and exclu- the product to Federal Government or non-
sive jurisdiction over all actions for any claim Federal Government customers.
for loss of property, personal injury, or death
arising out of, relating to, or resulting from an (2) Exclusive responsibility
act of terrorism when qualified anti-terrorism The Secretary will be exclusively respon-
technologies have been deployed in defense sible for the review and approval of anti-ter-
against or response or recovery from such act rorism technology for purposes of establishing
and such claims result or may result in loss to a government contractor defense in any prod-
the Seller. uct liability lawsuit for claims arising out of,
(b) Special rules relating to, or resulting from an act of ter-
rorism when qualified anti-terrorism tech-
In an action brought under this section for nologies approved by the Secretary, as pro-
damages the following provisions apply: vided in this paragraph and paragraph (3),
(1) Punitive damages have been deployed in defense against or re-
No punitive damages intended to punish or sponse or recovery from such act and such
deter, exemplary damages, or other damages claims result or may result in loss to the Sell-
not intended to compensate a plaintiff for ac- er. Upon the Seller’s submission to the Sec-
tual losses may be awarded, nor shall any retary for approval of anti-terrorism tech-
party be liable for interest prior to the judg- nology, the Secretary will conduct a com-
ment. prehensive review of the design of such tech-
nology and determine whether it will perform
(2) Noneconomic damages
as intended, conforms to the Seller’s specifica-
(A) In general tions, and is safe for use as intended. The Sell-
Noneconomic damages may be awarded er will conduct safety and hazard analyses on
against a defendant only in an amount di- such technology and will supply the Secretary
rectly proportional to the percentage of re- with all such information.
sponsibility of such defendant for the harm (3) Certificate
to the plaintiff, and no plaintiff may recover
For anti-terrorism technology reviewed and
noneconomic damages unless the plaintiff
approved by the Secretary, the Secretary will
suffered physical harm.
issue a certificate of conformance to the Sell-
(B) Definition er and place the anti-terrorism technology on
For purposes of subparagraph (A), the term an Approved Product List for Homeland Secu-
‘‘noneconomic damages’’ means damages for rity.
losses for physical and emotional pain, suf- (e) Exclusion
fering, inconvenience, physical impairment, Nothing in this section shall in any way limit
mental anguish, disfigurement, loss of en- the ability of any person to seek any form of re-
joyment of life, loss of society and compan- covery from any person, government, or other
ionship, loss of consortium, hedonic dam- entity that—
ages, injury to reputation, and any other (1) attempts to commit, knowingly partici-
nonpecuniary losses. pates in, aids and abets, or commits any act of
(c) Collateral sources terrorism, or any criminal act related to or re-
Any recovery by a plaintiff in an action under sulting from such act of terrorism; or
this section shall be reduced by the amount of (2) participates in a conspiracy to commit
collateral source compensation, if any, that the any such act of terrorism or any such criminal
plaintiff has received or is entitled to receive as act.
a result of such acts of terrorism that result or (Pub. L. 107–296, title VIII, § 863, Nov. 25, 2002, 116
may result in loss to the Seller. Stat. 2239.)
(d) Government contractor defense
§ 443. Risk management
(1) In general
(a) In general
Should a product liability or other lawsuit
be filed for claims arising out of, relating to, (1) Liability insurance required
or resulting from an act of terrorism when Any person or entity that sells or otherwise
qualified anti-terrorism technologies approved provides a qualified anti-terrorism technology
by the Secretary, as provided in paragraphs (2) to Federal and non-Federal Government cus-
tomers (‘‘Seller’’) shall obtain liability insur- § 444. Definitions

ance of such types and in such amounts as
For purposes of this part, the following defini-
shall be required in accordance with this sec-
tions apply:
tion and certified by the Secretary to satisfy
otherwise compensable third-party claims (1) Qualified anti-terrorism technology
arising out of, relating to, or resulting from an For purposes of this part, the term ‘‘quali-
act of terrorism when qualified anti-terrorism fied anti-terrorism technology’’ means any
technologies have been deployed in defense product, equipment, service (including support
against or response or recovery from such act. services), device, or technology (including in-
(2) Maximum amount formation technology) designed, developed,
modified, or procured for the specific purpose
For the total claims related to 1 such act of of preventing, detecting, identifying, or deter-
terrorism, the Seller is not required to obtain ring acts of terrorism or limiting the harm
liability insurance of more than the maximum such acts might otherwise cause, that is des-
amount of liability insurance reasonably ignated as such by the Secretary.
available from private sources on the world (2) Act of terrorism
market at prices and terms that will not un-
reasonably distort the sales price of Seller’s (A) The term ‘‘act of terrorism’’ means any
anti-terrorism technologies. act that the Secretary determines meets the
requirements under subparagraph (B), as such
(3) Scope of coverage requirements are further defined and specified
Liability insurance obtained pursuant to by the Secretary.
this subsection shall, in addition to the Seller, (B) REQUIREMENTS.—An act meets the re-
protect the following, to the extent of their quirements of this subparagraph if the act—
potential liability for involvement in the man- (i) is unlawful;
ufacture, qualification, sale, use, or operation (ii) causes harm to a person, property, or
of qualified anti-terrorism technologies de- entity, in the United States, or in the case of
ployed in defense against or response or recov- a domestic United States air carrier or a
ery from an act of terrorism: United States-flag vessel (or a vessel based
(A) Contractors, subcontractors, suppliers, principally in the United States on which
vendors and customers of the Seller. United States income tax is paid and whose
(B) Contractors, subcontractors, suppliers, insurance coverage is subject to regulation
and vendors of the customer. in the United States), in or outside the
United States; and
(4) Third party claims (iii) uses or attempts to use instrumental-
Such liability insurance under this section ities, weapons or other methods designed or
shall provide coverage against third party intended to cause mass destruction, injury
claims arising out of, relating to, or resulting or other loss to citizens or institutions of
from the sale or use of anti-terrorism tech- the United States.
nologies. (3) Insurance carrier
(b) Reciprocal waiver of claims The term ‘‘insurance carrier’’ means any
The Seller shall enter into a reciprocal waiver corporation, association, society, order, firm,
of claims with its contractors, subcontractors, company, mutual, partnership, individual ag-
suppliers, vendors and customers, and contrac- gregation of individuals, or any other legal en-
tors and subcontractors of the customers, in- tity that provides commercial property and
volved in the manufacture, sale, use or oper- casualty insurance. Such term includes any
ation of qualified anti-terrorism technologies, affiliates of a commercial insurance carrier.
under which each party to the waiver agrees to (4) Liability insurance
be responsible for losses, including business (A) 1 In general
interruption losses, that it sustains, or for losses The term ‘‘liability insurance’’ means in-
sustained by its own employees resulting from surance for legal liabilities incurred by the
an activity resulting from an act of terrorism insured resulting from—
when qualified anti-terrorism technologies have (i) loss of or damage to property of oth-
been deployed in defense against or response or ers;
recovery from such act. (ii) ensuing loss of income or extra ex-
(c) Extent of liability pense incurred because of loss of or dam-
Notwithstanding any other provision of law, age to property of others;
(iii) bodily injury (including) to persons
liability for all claims against a Seller arising
other than the insured or its employees; or
out of, relating to, or resulting from an act of
(iv) loss resulting from debt or default of
terrorism when qualified anti-terrorism tech-
another.
nologies have been deployed in defense against
or response or recovery from such act and such (5) Loss
claims result or may result in loss to the Seller, The term ‘‘loss’’ means death, bodily injury,
whether for compensatory or punitive damages or loss of or damage to property, including
or for contribution or indemnity, shall not be in business interruption loss.
an amount greater than the limits of liability (6) Non-Federal Government customers
insurance coverage required to be maintained by The term ‘‘non-Federal Government cus-
the Seller under this section. tomers’’ means any customer of a Seller that
Stat. 2240.) 1 So in original. No subpar. (B) has been enacted.
Page 79 TITLE 6—DOMESTIC SECURITY § 453a
is not an agency or instrumentality of the congressional committees, which shall include

United States Government with authority an explanation of the rationale for the action.
under Public Law 85–804 [50 U.S.C. 1431 et seq.] (b) Limitations
to provide for indemnification under certain
circumstances for third-party claims against (1) In general
its contractors, including but not limited to Authority under subsection (a)(1) of this sec-
State and local authorities and commercial tion does not extend to the abolition of any
entities. agency, entity, organizational unit, program,
or function established or required to be main-
tained by this chapter.
Stat. 2241.)
(2) Abolitions
REFERENCES IN TEXT
Authority under subsection (a)(2) of this sec-
Public Law 85–804, referred to in par. (6), is Pub. L. tion does not extend to the abolition of any
85–804, Aug. 28, 1958, 72 Stat. 972, as amended, which is agency, entity, organizational unit, program,
classified generally to chapter 29 (§ 1431 et seq.) of Title
50, War and National Defense. For complete classifica-
or function established or required to be main-
tion of this Act to the Code, see Tables. tained by statute.
PART H—MISCELLANEOUS PROVISIONS Stat. 2243.)
§ 451. Advisory committees § 453. Use of appropriated funds
(a) In general (a) Disposal of property
The Secretary may establish, appoint mem- (1) Strict compliance
bers of, and use the services of, advisory com-
mittees, as the Secretary may deem necessary. If specifically authorized to dispose of real
An advisory committee established under this property in this chapter or any other Act, the
section may be exempted by the Secretary from Secretary shall exercise this authority in
Public Law 92–463, but the Secretary shall pub- strict compliance with subchapter IV of chap-
lish notice in the Federal Register announcing ter 5 of title 40.
the establishment of such a committee and iden- (2) Deposit of proceeds
tifying its purpose and membership. Notwith- The Secretary shall deposit the proceeds of
standing the preceding sentence, members of an any exercise of property disposal authority
advisory committee that is exempted by the into the miscellaneous receipts of the Treas-
Secretary under the preceding sentence who are ury in accordance with section 3302(b) of title
special Government employees (as that term is 31.
defined in section 202 of title 18) shall be eligible
(b) Gifts
for certifications under subsection (b)(3) of sec-
tion 208 of title 18 for official actions taken as a Except as authorized by section 2601 of title 10
member of such advisory committee. and by section 93 of title 14, gifts or donations of
services or property of or for the Department
(b) Termination
may not be accepted, used, or disposed of unless
Any advisory committee established by the specifically permitted in advance in an appro-
Secretary shall terminate 2 years after the date priations Act and only under the conditions and
of its establishment, unless the Secretary makes for the purposes specified in such appropriations
a written determination to extend the advisory Act.
committee to a specified date, which shall not
(c) Budget request
be more than 2 years after the date on which
such determination is made. The Secretary may Under section 1105 of title 31, the President
make any number of subsequent extensions con- shall submit to Congress a detailed budget re-
sistent with this subsection. quest for the Department for fiscal year 2004,
and for each subsequent fiscal year.
Stat. 2243.) (Pub. L. 107–296, title VIII, § 873, Nov. 25, 2002, 116
Stat. 2243; Pub. L. 108–7, div. L, § 103(3), Feb. 20,
REFERENCES IN TEXT 2003, 117 Stat. 529.)
Public Law 92–463, referred to in subsec. (a), is Pub. L.
CODIFICATION
92–463, Oct. 6, 1972, 86 Stat. 770, as amended, known as
the Federal Advisory Committee Act, which is set out In subsec. (a)(1), ‘‘subchapter IV of chapter 5 of title
in the Appendix to Title 5, Government Organization 40’’ substituted for ‘‘section 204 of the Federal Property
and Employees. and Administrative Services Act of 1949 (40 U.S.C. 485)’’
on authority of Pub. L. 107–217, § 5(c), Aug. 21, 2002, 116
§ 452. Reorganization Stat. 1303, the first section of which enacted Title 40,
Public Buildings, Property, and Works.
(a) Reorganization
AMENDMENTS
The Secretary may allocate or reallocate func-
tions among the officers of the Department, and 2003—Subsec. (b). Pub. L. 108–7 substituted ‘‘Except as
may establish, consolidate, alter, or discontinue authorized by section 2601 of title 10 and by section 93
organizational units within the Department, but of title 14, gifts’’ for ‘‘Gifts’’.
only— § 453a. Additional uses of appropriated funds
(1) pursuant to section 542(b) of this title; or
(2) after the expiration of 60 days after pro- In fiscal year 2004 and thereafter, unless other-
viding notice of such action to the appropriate wise provided, funds may be used for purchase of
uniforms without regard to the general purchase gram submitted to Congress by the Department of De-
price limitation for the current fiscal year; pur- fense under section 221 of title 10.’’
chase of insurance for official motor vehicles op- § 455. Miscellaneous authorities
erated in foreign countries; entering into con-
tracts with the Department of State to furnish (a) Seal
health and medical services to employees and The Department shall have a seal, whose de-
their dependents serving in foreign countries; sign is subject to the approval of the President.
services authorized by section 3109 of title 5; and (b) Participation of members of the Armed
the hire and purchase of motor vehicles, as au- Forces
thorized by section 1343 of title 31: Provided, With respect to the Department, the Secretary
That purchase for police-type use of passenger shall have the same authorities that the Sec-
vehicles may be made without regard to the gen- retary of Transportation has with respect to the
eral purchase price limitation for the current Department of Transportation under section 324
fiscal year. of title 49.
(Pub. L. 108–90, title V, § 505, Oct. 1, 2003, 117 (c) Redelegation of functions
Stat. 1153.) Unless otherwise provided in the delegation or
CODIFICATION by law, any function delegated under this chap-
Section was enacted as part of the Department of
ter may be redelegated to any subordinate.
Homeland Security Appropriations Act, 2004, and not as (Pub. L. 107–296, title VIII, § 875, Nov. 25, 2002, 116
part of the Homeland Security Act of 2002 which com- Stat. 2244.)
prises this chapter.
§ 456. Military activities
§ 454. Future Years Homeland Security Program
Nothing in this chapter shall confer upon the
(a) In general Secretary any authority to engage in
Each budget request submitted to Congress for warfighting, the military defense of the United
the Department under section 1105 of title 31 States, or other military activities, nor shall
shall, at or about the same time, be accom- anything in this chapter limit the existing au-
panied by a Future Years Homeland Security thority of the Department of Defense or the
Program. Armed Forces to engage in warfighting, the
military defense of the United States, or other
(b) Contents
military activities.
The Future Years Homeland Security Pro-
gram under subsection (a) of this section shall—
Stat. 2244.)
(1) include the same type of information, or-
ganizational structure, and level of detail as § 457. Regulatory authority and preemption
the future years defense program submitted to
(a) Regulatory authority
Congress by the Secretary of Defense under
section 221 of title 10; Except as otherwise provided in sections 186(c)
(2) set forth the homeland security strategy and 441(c) of this title and section 1315 of title
of the Department, which shall be developed 40,1 this chapter vests no new regulatory author-
and updated as appropriate annually by the ity in the Secretary or any other Federal offi-
Secretary, that was used to develop program cial, and transfers to the Secretary or another
planning guidance for the Future Years Home- Federal official only such regulatory authority
land Security Program; and as exists on November 25, 2002, within any agen-
(3) include an explanation of how the re- cy, program, or function transferred to the De-
source allocations included in the Future partment pursuant to this chapter, or that on
Years Homeland Security Program correlate November 25, 2002, is exercised by another offi-
to the homeland security strategy set forth cial of the executive branch with respect to such
under paragraph (2). agency, program, or function. Any such trans-
ferred authority may not be exercised by an offi-
(c) Effective date
cial from whom it is transferred upon transfer of
This section shall take effect with respect to such agency, program, or function to the Sec-
the preparation and submission of the fiscal retary or another Federal official pursuant to
year 2005 budget request for the Department and this chapter. This chapter may not be construed
for any subsequent fiscal year, except that the as altering or diminishing the regulatory au-
first Future Years Homeland Security Program thority of any other executive agency, except to
shall be submitted not later than 90 days after the extent that this chapter transfers such au-
the Department’s fiscal year 2005 budget request thority from the agency.
is submitted to Congress. (b) Preemption of State or local law
(Pub. L. 107–296, title VIII, § 874, Nov. 25, 2002, 116 Except as otherwise provided in this chapter,
Stat. 2244; Pub. L. 108–330, § 5, Oct. 16, 2004, 118 this chapter preempts no State or local law, ex-
Stat. 1278.) cept that any authority to preempt State or
AMENDMENTS local law vested in any Federal agency or offi-
cial transferred to the Department pursuant to
2004—Subsec. (b). Pub. L. 108–330 added subsec. (b) and this chapter shall be transferred to the Depart-
struck out heading and text of former subsec. (b). Text
ment effective on the date of the transfer to the
read as follows: ‘‘The Future Years Homeland Security
Program under subsection (a) of this section shall be Department of that Federal agency or official.
structured, and include the same type of information
and level of detail, as the Future Years Defense Pro- 1 See References in Text note below.
(Pub. L. 107–296, title VIII, § 877, Nov. 25, 2002, 116 Department better fulfill its responsibility to
Stat. 2244.) stop the entry of illegal drugs into the United
REFERENCES IN TEXT
States;
(4) within the Joint Terrorism Task Force
Section 1315 of title 40, referred to in subsec. (a), was construct to track and sever connections be-
in the original ‘‘1706(b)’’, meaning section 1706(b) of tween illegal drug trafficking and terrorism;
Pub. L. 107–296, which amended generally section 1315 of
Title 40, Public Buildings, Property, and Works, and en-
and
acted provisions set out as a note under section 1315 of (5) to be a representative of the Department
Title 40. For complete classification of section 1706(b) on all task forces, committees, or other enti-
to the Code, see Tables. ties whose purpose is to coordinate the coun-
This chapter, referred to in text, was in the original ternarcotics enforcement activities of the De-
‘‘this Act’’, meaning Pub. L. 107–296, Nov. 25, 2002, 116 partment and other Federal, State or local
Stat. 2135, known as the Homeland Security Act of 2002, agencies.
which is classified principally to this chapter. For com-
plete classification of this Act to the Code, see Short (f) Savings clause
Title note set out under section 101 of this title and Ta- Nothing in this section shall be construed to
bles. authorize direct control of the operations con-
ducted by the Directorate of Border and Trans-
§ 458. Office of Counternarcotics Enforcement
portation Security, the Coast Guard, or joint
(a) Office terrorism task forces.
There is established in the Department an Of- (g) Reports to Congress
fice of Counternarcotics Enforcement, which (1) Annual budget review
shall be headed by a Director appointed by the The Director of the Office of Counter-
President, by and with the advice and consent of narcotics Enforcement shall, not later than 30
the Senate. days after the submission by the President to
(b) Assignment of personnel Congress of any request for expenditures for
(1) In general the Department, submit to the Committees on
The Secretary shall assign permanent staff Appropriations and the authorizing commit-
to the Office, consistent with effective man- tees of jurisdiction of the House of Represent-
agement of Department resources. atives and the Senate a review and evaluation
of such request. The review and evaluation
(2) Liaisons
shall—
The Secretary shall designate senior em- (A) identify any request or subpart of any
ployees from each appropriate subdivision of request that affects or may affect the coun-
the Department that has significant counter- ternarcotics activities of the Department or
narcotics responsibilities to act as a liaison any of its subdivisions, or that affects the
between that subdivision and the Office of ability of the Department or any subdivision
Counternarcotics Enforcement. of the Department to meet its responsibility
(c) Limitation on concurrent employment to stop the entry of illegal drugs into the
Except as provided in subsection (d) of this United States;
section, the Director of the Office of Counter- (B) describe with particularity how such
narcotics Enforcement shall not be employed requested funds would be or could be ex-
by, assigned to, or serve as the head of, any pended in furtherance of counternarcotics
other branch of the Federal Government, any activities; and
State or local government, or any subdivision of (C) compare such requests with requests
the Department other than the Office of Coun- for expenditures and amounts appropriated
ternarcotics Enforcement. by Congress in the previous fiscal year.
(2) Evaluation of counternarcotics activities
(d) Eligibility to serve as the United States Inter-
diction Coordinator The Director of the Office of Counter-
narcotics Enforcement shall, not later than
The Director of the Office of Counternarcotics
February 1 of each year, submit to the Com-
Enforcement may be appointed as the United
mittees on Appropriations and the authorizing
States Interdiction Coordinator by the Director
committees of jurisdiction of the House of
of the Office of National Drug Control Policy,
Representatives and the Senate a review and
and shall be the only person at the Department
evaluation of the counternarcotics activities
eligible to be so appointed.
of the Department for the previous fiscal year.
(e) Responsibilities The review and evaluation shall—
The Secretary shall direct the Director of the (A) describe the counternarcotics activi-
Office of Counternarcotics Enforcement— ties of the Department and each subdivision
(1) to coordinate policy and operations with- of the Department (whether individually or
in the Department, between the Department in cooperation with other subdivisions of the
and other Federal departments and agencies, Department, or in cooperation with other
and between the Department and State and branches of the Federal Government or with
local agencies with respect to stopping the State or local agencies), including the meth-
entry of illegal drugs into the United States; ods, procedures, and systems (including com-
(2) to ensure the adequacy of resources with- puter systems) for collecting, analyzing,
in the Department for stopping the entry of il- sharing, and disseminating information con-
legal drugs into the United States; cerning narcotics activity within the De-
(3) to recommend the appropriate financial partment and between the Department and
and personnel resources necessary to help the other Federal, State, and local agencies;
(B) describe the results of those activities, United States has a demonstrated weakness
using quantifiable data whenever possible; and another friendly nation or nations have a
(C) state whether those activities were suf- demonstrated expertise.
ficient to meet the responsibility of the De- (3) To plan and undertake international con-
partment to stop the entry of illegal drugs ferences, exchange programs, and training ac-
into the United States, including a descrip- tivities.
tion of the performance measures of effec- (4) To manage international activities with-
tiveness that were used in making that de- in the Department in coordination with other
termination; and Federal officials with responsibility for
(D) recommend, where appropriate, counter-terrorism matters.
changes to those activities to improve the
performance of the Department in meeting (Pub. L. 107–296, title VIII, § 879, Nov. 25, 2002, 116
its responsibility to stop the entry of illegal Stat. 2245.)
drugs into the United States. § 460. Prohibition of the Terrorism Information
(3) Classified or law enforcement sensitive in- and Prevention System
formation
Any and all activities of the Federal Govern-
Any content of a review and evaluation de- ment to implement the proposed component pro-
scribed in the reports required in this sub- gram of the Citizen Corps known as Operation
section that involves information classified TIPS (Terrorism Information and Prevention
under criteria established by an Executive System) are hereby prohibited.
order, or whose public disclosure, as deter-
mined by the Secretary, would be detrimental (Pub. L. 107–296, title VIII, § 880, Nov. 25, 2002, 116
to the law enforcement or national security Stat. 2245.)
activities of the Department or any other Fed-
§ 461. Review of pay and benefit plans
eral, State, or local agency, shall be presented
to Congress separately from the rest of the re- Notwithstanding any other provision of this
view and evaluation. chapter, the Secretary shall, in consultation
(Pub. L. 107–296, title VIII, § 878, Nov. 25, 2002, 116 with the Director of the Office of Personnel
Stat. 2245; Pub. L. 108–458, title VII, § 7407(a), Management, review the pay and benefit plans
Dec. 17, 2004, 118 Stat. 3851.) of each agency whose functions are transferred
under this chapter to the Department and, with-
AMENDMENTS in 90 days after November 25, 2002, submit a plan
2004—Pub. L. 108–458 amended section catchline and to the President of the Senate and the Speaker
text generally. Prior to amendment, text read as fol- of the House of Representatives and the appro-
lows: ‘‘The Secretary shall appoint a senior official in priate committees and subcommittees of Con-
the Department to assume primary responsibility for gress, for ensuring, to the maximum extent
coordinating policy and operations within the Depart-
practicable, the elimination of disparities in pay
ment and between the Department and other Federal
departments and agencies with respect to interdicting and benefits throughout the Department, espe-
the entry of illegal drugs into the United States, and cially among law enforcement personnel, that
tracking and severing connections between illegal drug are inconsistent with merit system principles
trafficking and terrorism. Such official shall— set forth in section 2301 of title 5.
‘‘(1) ensure the adequacy of resources within the
Department for illicit drug interdiction; and (Pub. L. 107–296, title VIII, § 881, Nov. 25, 2002, 116
‘‘(2) serve as the United States Interdiction Coordi- Stat. 2246.)
nator for the Director of National Drug Control Pol-
icy.’’ § 462. Office of National Capital Region Coordi-
nation
§ 459. Office of International Affairs
(a) Establishment
(a) Establishment (1) In general
There is established within the Office of the
There is established within the Office of the
Secretary an Office of International Affairs. The
Secretary the Office of National Capital Re-
Office shall be headed by a Director, who shall
gion Coordination, to oversee and coordinate
be a senior official appointed by the Secretary.
Federal programs for and relationships with
(b) Duties of the Director State, local, and regional authorities in the
The Director shall have the following duties: National Capital Region, as defined under sec-
(1) To promote information and education tion 2674(f)(2) of title 10.
exchange with nations friendly to the United (2) Director
States in order to promote sharing of best
practices and technologies relating to home- The Office established under paragraph (1)
land security. Such exchange shall include the shall be headed by a Director, who shall be ap-
following: pointed by the Secretary.
(A) Exchange of information on research (3) Cooperation
and development on homeland security tech- The Secretary shall cooperate with the
nologies. Mayor of the District of Columbia, the Gov-
(B) Joint training exercises of first re- ernors of Maryland and Virginia, and other
sponders. State, local, and regional officers in the Na-
(C) Exchange of expertise on terrorism pre- tional Capital Region to integrate the District
vention, response, and crisis management. of Columbia, Maryland, and Virginia into the
(2) To identify areas for homeland security planning, coordination, and execution of the
information and training exchange where the activities of the Federal Government for the
Page 83 TITLE 6—DOMESTIC SECURITY § 464a
enhancement of domestic preparedness against (1) to provide equal employment protection

the consequences of terrorist attacks. for employees of the Department (including
(b) Responsibilities pursuant to the provisions in section 2302(b)(1)
The Office established under subsection (a)(1) of title 5 and the Notification and Federal Em-
of this section shall— ployee Antidiscrimination and Retaliation Act
(1) coordinate the activities of the Depart- of 2002 (Public Law 107–174)); or
ment relating to the National Capital Region, (2) to provide whistleblower protections for
including cooperation with the Office for State employees of the Department (including pur-
and Local Government Coordination; suant to the provisions in section 2302(b)(8)
(2) assess, and advocate for, the resources and (9) of such title and the Notification and
needed by State, local, and regional authori- Federal Employee Antidiscrimination and Re-
ties in the National Capital Region to imple- taliation Act of 2002).
ment efforts to secure the homeland; (Pub. L. 107–296, title VIII, § 883, Nov. 25, 2002, 116
(3) provide State, local, and regional au- Stat. 2247.)
thorities in the National Capital Region with
regular information, research, and technical REFERENCES IN TEXT
support to assist the efforts of State, local, The Notification and Federal Employee Antidiscrimi-
and regional authorities in the National Cap- nation and Retaliation Act of 2002, referred to in pars.
ital Region in securing the homeland; (1) and (2), is Pub. L. 107–174, May 15, 2002, 116 Stat. 566,
(4) develop a process for receiving meaning- which is set out as a note under section 2301 of Title 5,
ful input from State, local, and regional au- Government Organization and Employees. For com-
thorities and the private sector in the Na- plete classification of this Act to the Code, see Tables.
tional Capital Region to assist in the develop-
ment of the homeland security plans and ac- § 464. Federal Law Enforcement Training Center
tivities of the Federal Government; (a) In general
(5) coordinate with Federal agencies in the
National Capital Region on terrorism pre- The transfer of an authority or an agency
paredness, to ensure adequate planning, infor- under this chapter to the Department of Home-
mation sharing, training, and execution of the land Security does not affect training agree-
Federal role in domestic preparedness activi- ments already entered into with the Federal
ties; Law Enforcement Training Center with respect
(6) coordinate with Federal, State, local, and to the training of personnel to carry out that
regional agencies, and the private sector in authority or the duties of that transferred agen-
the National Capital Region on terrorism pre- cy.
paredness to ensure adequate planning, infor- (b) Continuity of operations
mation sharing, training, and execution of do- All activities of the Federal Law Enforcement
mestic preparedness activities among these Training Center transferred to the Department
agencies and entities; and of Homeland Security under this chapter shall
(7) serve as a liaison between the Federal continue to be carried out at the locations such
Government and State, local, and regional au- activities were carried out before such transfer.
thorities, and private sector entities in the
National Capital Region to facilitate access to (Pub. L. 107–296, title VIII, § 884, Nov. 25, 2002, 116
Federal grants and other programs. Stat. 2247.)
(c) Annual report
§ 464a. Acceptance and use of gifts
The Office established under subsection (a) of
this section shall submit an annual report to In fiscal year 2004 and thereafter, the Center is
Congress that includes— authorized to accept and use gifts of property,
(1) the identification of the resources re- both real and personal, and to accept services,
quired to fully implement homeland security for authorized purposes.
efforts in the National Capital Region; (Pub. L. 108–90, title IV, Oct. 1, 2003, 117 Stat.
(2) an assessment of the progress made by 1150.)
the National Capital Region in implementing
homeland security efforts; and REFERENCES IN TEXT
(3) recommendations to Congress regarding The Center, referred to in text, means the Federal
the additional resources needed to fully imple- Law Enforcement Training Center.
ment homeland security efforts in the Na-
tional Capital Region. CODIFICATION
(d) Limitation Section was enacted as part of the Department of
Nothing contained in this section shall be con- Homeland Security Appropriations Act, 2004, and not as
part of the Homeland Security Act of 2002 which com-
strued as limiting the power of State and local prises this chapter.
governments.
(Pub. L. 107–296, title VIII, § 882, Nov. 25, 2002, 116 STANDARDS FOR MEASURING AND ASSESSING THE QUAL-
ITY AND EFFECTIVENESS OF FEDERAL LAW ENFORCE-
Stat. 2246.) MENT TRAINING
§ 463. Requirement to comply with laws pro- Pub. L. 108–334, title V, § 506, Oct. 18, 2004, 118 Stat.
tecting equal employment opportunity and 1316, provided that: ‘‘The Federal Law Enforcement
providing whistleblower protections Training Center shall establish an accrediting body, to
include representatives from the Federal law enforce-
Nothing in this chapter shall be construed as ment community and non-Federal accreditation ex-
exempting the Department from requirements perts involved in law enforcement training, to establish
applicable with respect to executive agencies— standards for measuring and assessing the quality and
§ 464b TITLE 6—DOMESTIC SECURITY Page 84
effectiveness of Federal law enforcement training pro- part of the Homeland Security Act of 2002 which com-
grams, facilities, and instructors.’’ prises this chapter.
Similar provisions were contained in the following
prior appropriation acts: PRIOR PROVISIONS
Pub. L. 108–90, title V, § 509, Oct. 1, 2003, 117 Stat. 1154. Similar provisions were contained in the following
Pub. L. 108–7, div. J, title I, § 122, Feb. 20, 2003, 117 prior appropriation acts:
Stat. 439. Pub. L. 108–7, div. J, title I, Feb. 20, 2003, 117 Stat. 431.
ANNUAL OUTSTANDING STUDENT AWARD Pub. L. 107–67, title I, Nov. 12, 2001, 115 Stat. 517.
Pub. L. 106–554, § 1(a)(3) [title I], Dec. 21, 2000, 114 Stat.
Pub. L. 108–7, div. J, title I, Feb. 20, 2003, 117 Stat. 431,
2763, 2763A–127.
provided in part: ‘‘That the [Federal Law Enforcement
Pub. L. 106–58, title I, Sept. 29, 1999, 113 Stat. 432.
Training] Center is authorized to accept and use gifts
Pub. L. 105–277, div. A, § 101(h) [title I], Oct. 21, 1998,
of property, both real and personal, and to accept serv-
112 Stat. 2681–480, 2681–483.
ices, for authorized purposes, including funding of a gift
Pub. L. 105–61, title I, Oct. 10, 1997, 111 Stat. 1275.
of intrinsic value which shall be awarded annually by
Pub. L. 104–208, div. A, title I, § 101(f) [title I], Sept. 30,
the Director of the Center to the outstanding student
1996, 110 Stat. 3009–314, 3009–317.
who graduated from a basic training program at the
Pub. L. 104–52, title I, Nov. 19, 1995, 109 Stat. 470.
Center during the previous fiscal year, which shall be
funded only by gifts received through the Center’s gift
authority’’.
Similar provisions were contained in the following
prior appropriation acts:
Pub. L. 107–67, title I, Nov. 12, 2001, 115 Stat. 516. Pub. L. 101–509, title I, Nov. 5, 1990, 104 Stat. 1390.
Pub. L. 106–554, § 1(a)(3) [title I], Dec. 21, 2000, 114 Stat. Pub. L. 101–136, title I, Nov. 3, 1989, 103 Stat. 784.
2763, 2763A–127.
Pub. L. 106–58, title I, Sept. 29, 1999, 113 Stat. 432. § 464d. Additional funds for training
Pub. L. 105–277, div. A, § 101(h) [title I], Oct. 21, 1998,
112 Stat. 2681–480, 2681–483.
In fiscal year 2004 and thereafter, funds appro-
Pub. L. 105–61, title I, Oct. 10, 1997, 111 Stat. 1275. priated in this account shall be available, at the
Pub. L. 104–208, div. A, title I, § 101(f) [title I], Sept. 30, discretion of the Director, for the following:
1996, 110 Stat. 3009–314, 3009–317. training United States Postal Service law en-
Pub. L. 104–52, title I, Nov. 19, 1995, 109 Stat. 470. forcement personnel and Postal police officers;
Pub. L. 103–123, title I, Oct. 28, 1993, 107 Stat. 1227. State and local government law enforcement
Pub. L. 102–393, title I, Oct. 6, 1992, 106 Stat. 1730. training on a space-available basis; training of
Pub. L. 102–141, title I, Oct. 28, 1991, 105 Stat. 835. foreign law enforcement officials on a space-
Pub. L. 101–509, title I, Nov. 5, 1990, 104 Stat. 1390. available basis with reimbursement of actual
costs to this appropriation, except that reim-
§ 464b. Staffing accreditation function bursement may be waived by the Secretary for
law enforcement training activities in foreign
In fiscal year 2004 and thereafter, the Center is countries undertaken under section 801 of the
authorized to accept detailees from other Fed- Antiterrorism and Effective Death Penalty Act
eral agencies, on a non-reimbursable basis, to of 1996 (28 U.S.C. 509 note); training of private
staff the accreditation function. sector security officials on a space-available
(Pub. L. 108–90, title IV, Oct. 1, 2003, 117 Stat. basis with reimbursement of actual costs to this
1150.) appropriation; and travel expenses of non-Fed-
REFERENCES IN TEXT
eral personnel to attend course development
meetings and training sponsored by the Center.
The Center, referred to in text, means the Federal
Law Enforcement Training Center. (Pub. L. 108–90, title IV, Oct. 1, 2003, 117 Stat.
1151.)
CODIFICATION
Section was enacted as part of the Department of REFERENCES IN TEXT
Homeland Security Appropriations Act, 2004, and not as ‘‘Funds appropriated in this account’’, and ‘‘this ap-
part of the Homeland Security Act of 2002 which com- propriation’’, referred to in text, mean funds appro-
prises this chapter. priated under the headings ‘‘FEDERAL LAW ENFORCE-
MENT TRAINING CENTER’’ and ‘‘SALARIES AND EXPENSES’’
PRIOR PROVISIONS
of title IV of the Department of Homeland Security Ap-
Similar provisions were contained in the following propriations Act, 2004, Pub. L. 108–90.
prior appropriation act: Section 801 of the Antiterrorism and Effective Death
Pub. L. 108–7, div. J, title I, Feb. 20, 2003, 117 Stat. 431. Penalty Act of 1996, referred to in text, is section 801 of
Pub. L. 104–132, which is set out as a note under section
§ 464c. Student housing
509 of Title 28, Judiciary and Judicial Procedure.
In fiscal year 2004 and thereafter, students at- The Center, referred to in text, means the Federal
tending training at any Center site shall reside Law Enforcement Training Center.
in on-Center or Center-provided housing, insofar CODIFICATION
as available and in accordance with Center pol-
icy. Homeland Security Appropriations Act, 2004, and not as
(Pub. L. 108–90, title IV, Oct. 1, 2003, 117 Stat. part of the Homeland Security Act of 2002 which com-
1151.) prises this chapter.
REFERENCES IN TEXT PRIOR PROVISIONS

The Center, referred to in text, means the Federal Similar provisions were contained in the following
Law Enforcement Training Center. prior appropriation acts:
Pub. L. 108–7, div. J, title I, Feb. 20, 2003, 117 Stat. 431.
CODIFICATION Pub. L. 107–67, title I, Nov. 12, 2001, 115 Stat. 516.
Section was enacted as part of the Department of Pub. L. 106–554, § 1(a)(3) [title I], Dec. 21, 2000, 114 Stat.
Homeland Security Appropriations Act, 2004, and not as 2763, 2763A–127.
Pub. L. 106–58, title I, Sept. 29, 1999, 113 Stat. 432. (1) Section 1385 of title 18 (commonly known
Pub. L. 105–277, div. A, § 101(h) [title I], Oct. 21, 1998, as the ‘‘Posse Comitatus Act’’) prohibits the
112 Stat. 2681–480, 2681–483. use of the Armed Forces as a posse comitatus
to execute the laws except in cases and under
1996, 110 Stat. 3009–314, 3009–317. circumstances expressly authorized by the
Pub. L. 104–52, title I, Nov. 19, 1995, 109 Stat. 470. Constitution or Act of Congress.
Pub. L. 103–329, title I, Sept. 30, 1994, 108 Stat. 2383. (2) Enacted in 1878, the Posse Comitatus Act
was expressly intended to prevent United
§ 464e. Short-term medical services for students States Marshals, on their own initiative, from
In fiscal year 2004 and thereafter, the Center is calling on the Army for assistance in enforc-
authorized to provide short-term medical serving Federal law.
ices for students undergoing training at the Cen- (3) The Posse Comitatus Act has served the
ter. Nation well in limiting the use of the Armed
Forces to enforce the law.
(Pub. L. 108–90, title IV, Oct. 1, 2003, 117 Stat. (4) Nevertheless, by its express terms, the
1151.) Posse Comitatus Act is not a complete barrier
REFERENCES IN TEXT to the use of the Armed Forces for a range of
domestic purposes, including law enforcement
The Center, referred to in text, means the Federal functions, when the use of the Armed Forces is
Law Enforcement Training Center.
authorized by Act of Congress or the President
CODIFICATION determines that the use of the Armed Forces
is required to fulfill the President’s obliga-
Homeland Security Appropriations Act, 2004, and not as tions under the Constitution to respond
part of the Homeland Security Act of 2002 which com- promptly in time of war, insurrection, or other
prises this chapter. serious emergency.
(5) Existing laws, including chapter 15 of
PRIOR PROVISIONS
title 10 (commonly known as the ‘‘Insurrec-
Similar provisions were contained in the following tion Act’’), and the Robert T. Stafford Dis-
prior appropriation acts: aster Relief and Emergency Assistance Act (42
Pub. L. 108–7, div. J, title I, Feb. 20, 2003, 117 Stat. 431. U.S.C. 5121 et seq.), grant the President broad
powers that may be invoked in the event of
Pub. L. 106–554, § 1(a)(3) [title I], Dec. 21, 2000, 114 Stat.
2763, 2763A–127. domestic emergencies, including an attack
Pub. L. 106–58, title I, Sept. 29, 1999, 113 Stat. 433. against the Nation using weapons of mass de-
Pub. L. 105–277, div. A, § 101(h) [title I], Oct. 21, 1998, struction, and these laws specifically author-
112 Stat. 2681–480, 2681–483. ize the President to use the Armed Forces to
Pub. L. 105–61, title I, Oct. 10, 1997, 111 Stat. 1276. help restore public order.
1996, 110 Stat. 3009–314, 3009–318.
(b) Sense of Congress
Pub. L. 104–52, title I, Nov. 19, 1995, 109 Stat. 470. Congress reaffirms the continued importance
Pub. L. 103–329, title I, Sept. 30, 1994, 108 Stat. 2384. of section 1385 of title 18, and it is the sense of
Pub. L. 103–123, title I, Oct. 28, 1993, 107 Stat. 1228. Congress that nothing in this chapter should be
Pub. L. 102–393, title I, Oct. 6, 1992, 106 Stat. 1730. construed to alter the applicability of such sec-
§ 465. Joint Interagency Task Force tion to any use of the Armed Forces as a posse
comitatus to execute the laws.
(a) Establishment
The Secretary may establish and operate a Stat. 2248.)
permanent Joint Interagency Homeland Secu-
rity Task Force composed of representatives REFERENCES IN TEXT
from military and civilian agencies of the The Robert T. Stafford Disaster Relief and Emer-
United States Government for the purposes of gency Assistance Act, referred to in subsec. (a)(5), is
anticipating terrorist threats against the United Pub. L. 93–288, May 22, 1974, 88 Stat. 143, as amended,
States and taking appropriate actions to pre- which is classified principally to chapter 68 (§ 5121 et
seq.) of Title 42, The Public Health and Welfare. For
vent harm to the United States.
complete classification of this Act to the Code, see
(b) Structure Short Title note set out under section 5121 of Title 42
and Tables.
It is the sense of Congress that the Secretary
should model the Joint Interagency Homeland § 467. Coordination with the Department of
Security Task Force on the approach taken by Health and Human Services under the Public
the Joint Interagency Task Forces for drug Health Service Act
interdiction at Key West, Florida and Alameda,
California, to the maximum extent feasible and (a) In general
appropriate. The annual Federal response plan developed
(Pub. L. 107–296, title VIII, § 885, Nov. 25, 2002, 116 by the Department shall be consistent with sec-
Stat. 2247.) tion 319 of the Public Health Service Act (42
U.S.C. 247d).
§ 466. Sense of Congress reaffirming the contin- (b) Disclosures among relevant agencies
ued importance and applicability of the
(1) In general
Posse Comitatus Act
Full disclosure among relevant agencies
(a) Findings shall be made in accordance with this sub-
Congress finds the following: section.
(2) Public health emergency (d) Certain transfers prohibited

During the period in which the Secretary of No mission, function, or asset (including for
Health and Human Services has declared the purposes of this subsection any ship, aircraft, or
existence of a public health emergency under helicopter) of the Coast Guard may be diverted
section 319(a) of the Public Health Service Act to the principal and continuing use of any other
(42 U.S.C. 247d(a)), the Secretary of Health and organization, unit, or entity of the Department,
Human Services shall keep relevant agencies, except for details or assignments that do not re-
including the Department of Homeland Secu- duce the Coast Guard’s capability to perform its
rity, the Department of Justice, and the Fed- missions.
eral Bureau of Investigation, fully and cur- (e) Changes to missions
rently informed.
(1) Prohibition
(3) Potential public health emergency
The Secretary may not substantially or sig-
In cases involving, or potentially involving, nificantly reduce the missions of the Coast
a public health emergency, but in which no de- Guard or the Coast Guard’s capability to per-
termination of an emergency by the Secretary form those missions, except as specified in
of Health and Human Services under section subsequent Acts.
319(a) of the Public Health Service Act (42
U.S.C. 247d(a)), has been made, all relevant (2) Waiver
agencies, including the Department of Home- The Secretary may waive the restrictions
land Security, the Department of Justice, and under paragraph (1) for a period of not to ex-
the Federal Bureau of Investigation, shall ceed 90 days upon a declaration and certifi-
keep the Secretary of Health and Human Serv- cation by the Secretary to Congress that a
ices and the Director of the Centers for Dis- clear, compelling, and immediate need exists
ease Control and Prevention fully and cur- for such a waiver. A certification under this
rently informed. paragraph shall include a detailed justifica-
(Pub. L. 107–296, title VIII, § 887, Nov. 25, 2002, 116 tion for the declaration and certification, in-
Stat. 2248.) cluding the reasons and specific information
that demonstrate that the Nation and the
§ 468. Preserving Coast Guard mission perform- Coast Guard cannot respond effectively if the
ance restrictions under paragraph (1) are not
(a) Definitions waived.
(f) Annual review
In this section:
(1) Non-homeland security missions (1) In general
The term ‘‘non-homeland security missions’’ The Inspector General of the Department
means the following missions of the Coast shall conduct an annual review that shall as-
Guard: sess thoroughly the performance by the Coast
(A) Marine safety. Guard of all missions of the Coast Guard (in-
(B) Search and rescue. cluding non-homeland security missions and
(C) Aids to navigation. homeland security missions) with a particular
(D) Living marine resources (fisheries law emphasis on examining the non-homeland se-
enforcement). curity missions.
(E) Marine environmental protection. (2) Report
(F) Ice operations. The report under this paragraph shall be
(2) Homeland security missions submitted to—
The term ‘‘homeland security missions’’ (A) the Committee on Governmental Af-
means the following missions of the Coast fairs of the Senate;
Guard: (B) the Committee on Government Reform
(A) Ports, waterways and coastal security. of the House of Representatives;
(B) Drug interdiction. (C) the Committees on Appropriations of
(C) Migrant interdiction. the Senate and the House of Representa-
(D) Defense readiness. tives;
(E) Other law enforcement. (D) the Committee on Commerce, Science,
(b) Transfer and Transportation of the Senate; and
(E) the Committee on Transportation and
There are transferred to the Department the Infrastructure of the House of Representa-
authorities, functions, personnel, and assets of tives.
the Coast Guard, which shall be maintained as a
distinct entity within the Department, includ- (g) Direct reporting to Secretary
ing the authorities and functions of the Sec- Upon the transfer of the Coast Guard to the
retary of Transportation relating thereto. Department, the Commandant shall report di-
(c) Maintenance of status of functions and assets rectly to the Secretary without being required
to report through any other official of the De-
Notwithstanding any other provision of this partment.
chapter, the authorities, functions, and capabili-
ties of the Coast Guard to perform its missions (h) Operation as a service in the Navy
shall be maintained intact and without signifi- None of the conditions and restrictions in this
cant reduction after the transfer of the Coast section shall apply when the Coast Guard oper-
Guard to the Department, except as specified in ates as a service in the Navy under section 3 of
subsequent Acts. title 14.
(i) Report on accelerating the Integrated Deep- providing services in connection with the ac-
water System tivity or item for which the fee is charged and
Not later than 90 days after November 25, 2002, shall remain available until expended.
the Secretary, in consultation with the Com- (Pub. L. 108–90, title V, § 520, Oct. 1, 2003, 117
mandant of the Coast Guard, shall submit a re- Stat. 1156.)
port to the Committee on Commerce, Science,
CODIFICATION
and Transportation of the Senate, the Com-
mittee on Transportation and Infrastructure of Section was enacted as part of the Department of
the House of Representatives, and the Commit- Homeland Security Appropriations Act, 2004, and not as
tees on Appropriations of the Senate and the part of the Homeland Security Act of 2002 which com-
prises this chapter.
House of Representatives that—
(1) analyzes the feasibility of accelerating PART I—INFORMATION SHARING
the rate of procurement in the Coast Guard’s
Integrated Deepwater System from 20 years to § 481. Short title; findings; and sense of Congress
10 years; (a) Short title
(2) includes an estimate of additional re-
sources required; This part may be cited as the ‘‘Homeland Se-
(3) describes the resulting increased capabili- curity Information Sharing Act’’.
ties; (b) Findings
(4) outlines any increases in the Coast Congress finds the following:
Guard’s homeland security readiness; (1) The Federal Government is required by
(5) describes any increases in operational ef- the Constitution to provide for the common
ficiencies; and defense, which includes terrorist attack.
(6) provides a revised asset phase-in time (2) The Federal Government relies on State
line. and local personnel to protect against ter-
(Pub. L. 107–296, title VIII, § 888, Nov. 25, 2002, 116 rorist attack.
Stat. 2249.) (3) The Federal Government collects, cre-
ates, manages, and protects classified and sen-
CHANGE OF NAME sitive but unclassified information to enhance
Committee on Governmental Affairs of Senate homeland security.
changed to Committee on Homeland Security and Gov- (4) Some homeland security information is
ernmental Affairs of Senate, effective Jan. 4, 2005, by needed by the State and local personnel to
Senate Resolution No. 445, One Hundred Eighth Con- prevent and prepare for terrorist attack.
gress, Oct. 9, 2004. (5) The needs of State and local personnel to
§ 469. Fees for credentialing and background in- have access to relevant homeland security in-
vestigations in transportation formation to combat terrorism must be rec-
onciled with the need to preserve the pro-
For fiscal year 2004 and thereafter, the Sec- tected status of such information and to pro-
retary of Homeland Security shall charge rea- tect the sources and methods used to acquire
sonable fees for providing credentialing and such information.
background investigations in the field of trans- (6) Granting security clearances to certain
portation: Provided, That the establishment and State and local personnel is one way to facili-
collection of fees shall be subject to the fol- tate the sharing of information regarding spe-
lowing requirements: cific terrorist threats among Federal, State,
(1) such fees, in the aggregate, shall not ex- and local levels of government.
ceed the costs incurred by the Department of (7) Methods exist to declassify, redact, or
Homeland Security associated with providing otherwise adapt classified information so it
the credential or performing the background may be shared with State and local personnel
record checks; without the need for granting additional secu-
(2) the Secretary shall charge fees in rity clearances.
amounts that are reasonably related to the (8) State and local personnel have capabili-
costs of providing services in connection with ties and opportunities to gather information
the activity or item for which the fee is on suspicious activities and terrorist threats
charged; not possessed by Federal agencies.
(3) a fee may not be collected except to the (9) The Federal Government and State and
extent such fee will be expended to pay for the local governments and agencies in other juris-
costs of conducting or obtaining a criminal dictions may benefit from such information.
history record check and a review of available (10) Federal, State, and local governments
law enforcement databases and commercial and intelligence, law enforcement, and other
databases and records of other governmental emergency preparation and response agencies
and international agencies; reviewing and ad- must act in partnership to maximize the bene-
judicating requests for waiver and appeals of fits of information gathering and analysis to
agency decisions with respect to providing the prevent and respond to terrorist attacks.
credential, performing the background record (11) Information systems, including the Na-
check, and denying requests for waiver and ap- tional Law Enforcement Telecommunications
peals; and any other costs related to providing System and the Terrorist Threat Warning Sys-
the credential or performing the background tem, have been established for rapid sharing of
record check; and classified and sensitive but unclassified infor-
(4) any fee collected shall be available for ex- mation among Federal, State, and local enti-
penditure only to pay the costs incurred in ties.
(12) Increased efforts to share homeland se- (A) have the capability to transmit unclassi-
curity information should avoid duplicating fied or classified information, though the pro-
existing information systems. cedures and recipients for each capability may
(c) Sense of Congress differ;
(B) have the capability to restrict delivery
It is the sense of Congress that Federal, State, of information to specified subgroups by geo-
and local entities should share homeland secu- graphic location, type of organization, posi-
rity information to the maximum extent prac- tion of a recipient within an organization, or
ticable, with special emphasis on hard-to-reach a recipient’s need to know such information;
urban and rural communities. (C) be configured to allow the efficient and
(Pub. L. 107–296, title VIII, § 891, Nov. 25, 2002, 116 effective sharing of information; and
Stat. 2252.) (D) be accessible to appropriate State and
local personnel.
REFERENCES IN TEXT
(3) The procedures prescribed under paragraph
This part, referred to in subsec. (a), was in the origi-
(1) shall establish conditions on the use of infor-
nal ‘‘This subtitle’’, meaning subtitle I (§§ 891–899) of
title VIII of Pub. L. 107–296, Nov. 25, 2002, 116 Stat. 2252, mation shared under paragraph (1)—
which enacted this part, amended section 2517 of Title (A) to limit the redissemination of such in-
18, Crimes and Criminal Procedure, Rule 6 of the Fed- formation to ensure that such information is
eral Rules of Criminal Procedure, set out in the Appen- not used for an unauthorized purpose;
dix to Title 18, and sections 403–5d, 1806, and 1825 of (B) to ensure the security and confiden-
Title 50, War and National Defense, and amended provi- tiality of such information;
sions set out as a note under section 2517 of Title 18. (C) to protect the constitutional and statu-
For complete classification of subtitle I to the Code, tory rights of any individuals who are subjects
see Tables.
of such information; and
§ 482. Facilitating homeland security information (D) to provide data integrity through the
sharing procedures timely removal and destruction of obsolete or
erroneous names and information.
(a) Procedures for determining extent of sharing
of homeland security information (4) The procedures prescribed under paragraph
(1) shall ensure, to the greatest extent prac-
(1) The President shall prescribe and imple- ticable, that the information sharing system
ment procedures under which relevant Federal through which information is shared under such
agencies— paragraph include existing information sharing
(A) share relevant and appropriate homeland systems, including, but not limited to, the Na-
security information with other Federal agen- tional Law Enforcement Telecommunications
cies, including the Department, and appro- System, the Regional Information Sharing Sys-
priate State and local personnel; tem, and the Terrorist Threat Warning System
(B) identify and safeguard homeland secu- of the Federal Bureau of Investigation.
rity information that is sensitive but unclassi- (5) Each appropriate Federal agency, as deter-
fied; and mined by the President, shall have access to
(C) to the extent such information is in clas- each information sharing system through which
sified form, determine whether, how, and to information is shared under paragraph (1), and
what extent to remove classified information, shall therefore have access to all information, as
as appropriate, and with which such personnel appropriate, shared under such paragraph.
it may be shared after such information is re- (6) The procedures prescribed under paragraph
moved. (1) shall ensure that appropriate State and local
(2) The President shall ensure that such proce- personnel are authorized to use such informa-
dures apply to all agencies of the Federal Gov- tion sharing systems—
ernment. (A) to access information shared with such
(3) Such procedures shall not change the sub- personnel; and
stantive requirements for the classification and (B) to share, with others who have access to
safeguarding of classified information. such information sharing systems, the home-
(4) Such procedures shall not change the re- land security information of their own juris-
quirements and authorities to protect sources dictions, which shall be marked appropriately
and methods. as pertaining to potential terrorist activity.
(b) Procedures for sharing of homeland security (7) Under procedures prescribed jointly by the
information Director of Central Intelligence and the Attor-
ney General, each appropriate Federal agency,
(1) Under procedures prescribed by the Presi-
as determined by the President, shall review and
dent, all appropriate agencies, including the in-
assess the information shared under paragraph
telligence community, shall, through informa-
(6) and integrate such information with existing
tion sharing systems, share homeland security
intelligence.
information with Federal agencies and appro-
priate State and local personnel to the extent (c) Sharing of classified information and sen-
such information may be shared, as determined sitive but unclassified information with State
in accordance with subsection (a) of this section, and local personnel
together with assessments of the credibility of (1) The President shall prescribe procedures
such information. under which Federal agencies may, to the extent
(2) Each information sharing system through the President considers necessary, share with
which information is shared under paragraph (1) appropriate State and local personnel homeland
shall— security information that remains classified or
otherwise protected after the determinations (f) Definitions

prescribed under the procedures set forth in sub- As used in this section:
section (a) of this section. (1) The term ‘‘homeland security informa-
(2) It is the sense of Congress that such proce- tion’’ means any information possessed by a
dures may include 1 or more of the following Federal, State, or local agency that—
means: (A) relates to the threat of terrorist activ-
(A) Carrying out security clearance inves- ity;
tigations with respect to appropriate State (B) relates to the ability to prevent, inter-
and local personnel. dict, or disrupt terrorist activity;
(B) With respect to information that is sen- (C) would improve the identification or in-
sitive but unclassified, entering into non- vestigation of a suspected terrorist or ter-
disclosure agreements with appropriate State rorist organization; or
and local personnel. (D) would improve the response to a ter-
(C) Increased use of information-sharing rorist act.
partnerships that include appropriate State
and local personnel, such as the Joint Ter- (2) The term ‘‘intelligence community’’ has
rorism Task Forces of the Federal Bureau of the meaning given such term in section 401a(4)
Investigation, the Anti-Terrorism Task Forces of title 50.
of the Department of Justice, and regional (3) The term ‘‘State and local personnel’’
Terrorism Early Warning Groups. means any of the following persons involved in
prevention, preparation, or response for ter-
(3)(A) The Secretary shall establish a program rorist attack:
to provide appropriate training to officials de- (A) State Governors, mayors, and other lo-
scribed in subparagraph (B) in order to assist cally elected officials.
such officials in— (B) State and local law enforcement per-
(i) identifying sources of potential terrorist sonnel and firefighters.
threats through such methods as the Sec- (C) Public health and medical profes-
retary determines appropriate; sionals.
(ii) reporting information relating to such (D) Regional, State, and local emergency
potential terrorist threats to the appropriate management agency personnel, including
Federal agencies in the appropriate form and State adjutant generals.
manner; (E) Other appropriate emergency response
(iii) assuring that all reported information is agency personnel.
systematically submitted to and passed on by (F) Employees of private-sector entities
the Department for use by appropriate Federal that affect critical infrastructure, cyber,
agencies; and economic, or public health security, as des-
(iv) understanding the mission and roles of ignated by the Federal Government in proce-
the intelligence community to promote more dures developed pursuant to this section.
effective information sharing among Federal,
State, and local officials and representatives (4) The term ‘‘State’’ includes the District of
of the private sector to prevent terrorist at- Columbia and any commonwealth, territory,
tacks against the United States. or possession of the United States.
(B) The officials referred to in subparagraph (g) Construction
(A) are officials of State and local government Nothing in this chapter shall be construed as
agencies and representatives of private sector authorizing any department, bureau, agency, of-
entities with responsibilities relating to the ficer, or employee of the Federal Government to
oversight and management of first responders, request, receive, or transmit to any other Gov-
counterterrorism activities, or critical infra- ernment entity or personnel, or transmit to any
structure. State or local entity or personnel otherwise au-
(C) The Secretary shall consult with the At- thorized by this chapter to receive homeland se-
torney General to ensure that the training pro- curity information, any information collected
gram established in subparagraph (A) does not by the Federal Government solely for statistical
duplicate the training program established in purposes in violation of any other provision of
section 908 of the USA PATRIOT Act (Public law relating to the confidentiality of such infor-
Law 107–56; 28 U.S.C. 509 note). mation.
(D) The Secretary shall carry out this para- (Pub. L. 107–296, title VIII, § 892, Nov. 25, 2002, 116
graph in consultation with the Director of Cen- Stat. 2253; Pub. L. 108–177, title III, § 316(a), Dec.
tral Intelligence and the Attorney General. 13, 2003, 117 Stat. 2610.)
(d) Responsible officials
AMENDMENTS
For each affected Federal agency, the head of
such agency shall designate an official to admin- 2003—Subsec. (c)(3). Pub. L. 108–177 added par. (3).
ister this chapter with respect to such agency. CHANGE OF NAME
(e) Federal control of information Reference to the Director of Central Intelligence or
Under procedures prescribed under this sec- the Director of the Central Intelligence Agency in the
tion, information obtained by a State or local Director’s capacity as the head of the intelligence com-
munity deemed to be a reference to the Director of Na-
government from a Federal agency under this tional Intelligence. Reference to the Director of Cen-
section shall remain under the control of the tral Intelligence or the Director of the Central Intel-
Federal agency, and a State or local law author- ligence Agency in the Director’s capacity as the head of
izing or requiring such a government to disclose the Central Intelligence Agency deemed to be a ref-
information shall not apply to such information. erence to the Director of the Central Intelligence Agen-
cy. See section 1081(a), (b) of Pub. L. 108–458, set out as this section a report on the implementation of
a note under section 401 of Title 50, War and National section 482 of this title. The report shall include
Defense. any recommendations for additional measures
EX. ORD. NO. 13311. HOMELAND SECURITY INFORMATION or appropriation requests, beyond the require-
SHARING ments of section 482 of this title, to increase the
Ex. Ord. No. 13311, July 29, 2003, 68 F.R. 45149, as effectiveness of sharing of information between
amended by Ex. Ord. No. 13388, § 8(a), Oct. 25, 2005, 70 and among Federal, State, and local entities.
F.R. 62025, provided: (b) Specified congressional committees
By the authority vested in me by the Constitution
and the laws of the United States, including sections The congressional committees referred to in
892 and 893 of the Homeland Security Act of 2002 (the subsection (a) of this section are the following
‘‘Act’’) (6 U.S.C. 482 and 483) and section 301 of title 3, committees:
United States Code, it is hereby ordered as follows: (1) The Permanent Select Committee on In-
SECTION 1. Assignment of Functions. (a) The functions telligence and the Committee on the Judiciary
of the President under section 892 of the Act are as- of the House of Representatives.
signed to the Secretary of Homeland Security (the
(2) The Select Committee on Intelligence
‘‘Secretary’’), except the functions of the President
under subsections 892(a)(2) and 892(b)(7). and the Committee on the Judiciary of the
(b) Subject to section 2(b) of this order, the function Senate.
of the President under section 893 of the Act is assigned (Pub. L. 107–296, title VIII, § 893, Nov. 25, 2002, 116
to the Secretary.
Stat. 2255.)
(c) Procedures issued by the Secretary in the per-
formance of the function of the President under section DELEGATION OF FUNCTIONS
892(a)(1) of the Act shall apply to all agencies of the
For assignment of function of President under this
Federal Government. Such procedures shall specify
section, subject to certain limitations, to Secretary of
that the President may make, or may authorize an-
Homeland Security, see Ex. Ord. No. 13311, § 1(b), July
other officer of the United States to make, exceptions
29, 2003, 68 F.R. 45149, set out as a note under section 482
to the procedures.
of this title.
(d) The function of the President under section
892(b)(7) of the Act is delegated to the Attorney General § 484. Authorization of appropriations
and the Director of National Intelligence, to be exer-
cised jointly. There are authorized to be appropriated such
(e) In performing the functions assigned to the Sec- sums as may be necessary to carry out section
retary by subsection (a) of this section, the Secretary 482 of this title.
shall coordinate with the Secretary of State, the Sec-
retary of Defense, the Attorney General, the Secretary (Pub. L. 107–296, title VIII, § 894, Nov. 25, 2002, 116
of Energy, the Director of the Office of Management Stat. 2256.)
and Budget, the Director of National Intelligence, the
Archivist of the United States, and as the Secretary § 485. Information sharing
deems appropriate, other officers of the United States.
(f) A determination, under the procedures issued by (a) Definitions
the Secretary in the performance of the function of the In this section:
President under section 892(a)(1) of the Act, as to
whether, or to what extent, an individual who falls
(1) Information Sharing Council
within the category of ‘‘State and local personnel’’ as The term ‘‘Information Sharing Council’’
defined in sections 892(f)(3) and (f)(4) of the Act shall means the Information Systems Council estab-
have access to information classified pursuant to Exec- lished by Executive Order 13356, or any suc-
utive Order 12958 of April 17, 1995 [50 U.S.C. 435 note], as cessor body designated by the President, and
amended, is a discretionary determination and shall be
conclusive and not subject to review or appeal.
referred to under subsection (g) of this section.
SEC. 2. Rules of Construction. Nothing in this order (2) Information sharing environment; ISE
shall be construed to impair or otherwise affect: The terms ‘‘information sharing environ-
(a) the authority of the Director of National Intel-
ligence under section 102A(i)(1) of the National Secu-
ment’’ and ‘‘ISE’’ mean an approach that fa-
rity Act of 1947, as amended (50 U.S.C. 403–3(c)(7) cilitates the sharing of terrorism information,
[403–1(i)(1)]), to protect intelligence sources and meth- which approach may include any methods de-
ods from unauthorized disclosure; termined necessary and appropriate for car-
(b) the functions of the Director of the Office of Man- rying out this section.
agement and Budget relating to budget, administra- (3) Program manager
tive, or legislative proposals; or
(c) the provisions of Executive Orders 12958 of April The term ‘‘program manager’’ means the
17, 1995 [50 U.S.C. 435 note], as amended, and 12968 of program manager designated under subsection
August 2, 1995 [50 U.S.C. 435 note], as amended. (f) of this section.
SEC. 3. General Provision. This order is intended only
(4) Terrorism information
to improve the internal management of the Federal
Government and is not intended to, and does not, cre- The term ‘‘terrorism information’’ means all
ate any right or benefit, substantive or procedural, en- information, whether collected, produced, or
forceable at law or in equity, against the United distributed by intelligence, law enforcement,
States, its departments, agencies, or other entities, its military, homeland security, or other activi-
officers or employees, or any other person.
ties relating to—
GEORGE W. BUSH. (A) the existence, organization, capabili-
§ 483. Report ties, plans, intentions, vulnerabilities,
means of finance or material support, or ac-
(a) Report required tivities of foreign or international terrorist
Not later than 12 months after November 25, groups or individuals, or of domestic groups
2002, the President shall submit to the congres- or individuals involved in transnational ter-
sional committees specified in subsection (b) of rorism;
(B) threats posed by such groups or indi- (1) submit to the President and Congress a
viduals to the United States, United States description of the technological, legal, and
persons, or United States interests, or to policy issues presented by the creation of the
those of other nations; ISE, and the way in which these issues will be
(C) communications of or by such groups addressed;
or individuals; or (2) establish an initial capability to provide
(D) groups or individuals reasonably be- electronic directory services, or the functional
lieved to be assisting or associated with such equivalent, to assist in locating in the Federal
groups or individuals. Government intelligence and terrorism infor-
(b) Information sharing environment mation and people with relevant knowledge
(1) Establishment about intelligence and terrorism information;
and
The President shall— (3) conduct a review of relevant current Fed-
(A) create an information sharing environ- eral agency capabilities, databases, and sys-
ment for the sharing of terrorism informa- tems for sharing information.
tion in a manner consistent with national (d) Guidelines and requirements
security and with applicable legal standards
relating to privacy and civil liberties; As soon as possible, but in no event later than
(B) designate the organizational and man- 270 days after December 17, 2004, the President
agement structures that will be used to op- shall—
erate and manage the ISE; and (1) leverage all ongoing efforts consistent
(C) determine and enforce the policies, di- with establishing the ISE and issue guidelines
rectives, and rules that will govern the con- for acquiring, accessing, sharing, and using in-
tent and usage of the ISE. formation, including guidelines to ensure that
information is provided in its most shareable
(2) Attributes
form, such as by using tearlines to separate
The President shall, through the structures out data from the sources and methods by
described in subparagraphs (B) and (C) of para- which the data are obtained;
graph (1), ensure that the ISE provides and fa- (2) in consultation with the Privacy and
cilitates the means for sharing terrorism in- Civil Liberties Oversight Board established
formation among all appropriate Federal, under section 1061,1 issue guidelines that—
State, local, and tribal entities, and the pri- (A) protect privacy and civil liberties in
vate sector through the use of policy guide- the development and use of the ISE; and
lines and technologies. The President shall, to (B) shall be made public, unless nondisclo-
the greatest extent practicable, ensure that sure is clearly necessary to protect national
the ISE provides the functional equivalent of, security; and
or otherwise supports, a decentralized, distrib- (3) require the heads of Federal departments
uted, and coordinated environment that— and agencies to promote a culture of informa-
(A) connects existing systems, where ap- tion sharing by—
propriate, provides no single points of fail- (A) reducing disincentives to information
ure, and allows users to share information sharing, including over-classification of in-
among agencies, between levels of govern- formation and unnecessary requirements for
ment, and, as appropriate, with the private originator approval, consistent with applica-
sector; ble laws and regulations; and
(B) ensures direct and continuous online (B) providing affirmative incentives for in-
electronic access to information; formation sharing.
(C) facilitates the availability of informa- (e) Implementation plan report
tion in a form and manner that facilitates
its use in analysis, investigations and oper- Not later than one year after December 17,
ations; 2004, the President shall, with the assistance of
(D) builds upon existing systems capabili- the program manager, submit to Congress a re-
ties currently in use across the Government; port containing an implementation plan for the
(E) employs an information access man- ISE. The report shall include the following:
agement approach that controls access to (1) A description of the functions, capabili-
data rather than just systems and networks, ties, resources, and conceptual design of the
without sacrificing security; ISE, including standards.
(2) A description of the impact on enterprise
(F) facilitates the sharing of information
architectures of participating agencies.
at and across all levels of security;
(3) A budget estimate that identifies the in-
(G) provides directory services, or the
cremental costs associated with designing,
functional equivalent, for locating people
testing, integrating, deploying, and operating
and information;
the ISE.
(H) incorporates protections for individ- (4) A project plan for designing, testing, in-
uals’ privacy and civil liberties; and tegrating, deploying, and operating the ISE.
(I) incorporates strong mechanisms to en- (5) The policies and directives referred to in
hance accountability and facilitate over- subsection (b)(1)(C) of this section, as well as
sight, including audits, authentication, and the metrics and enforcement mechanisms that
access controls. will be utilized.
(c) Preliminary report (6) Objective, systemwide performance meas-
Not later than 180 days after December 17, ures to enable the assessment of progress to-
2004, the program manager shall, in consultation
with the Information Sharing Council— 1 See References in Text note below.
ward achieving the full implementation of the policy compliance; and regularly report
ISE. the findings to Congress.
(7) A description of the training require- (B) Content of policies, procedures, guide-
ments needed to ensure that the ISE will be lines, rules, and standards
adequately implemented and properly utilized.
The policies, procedures, guidelines, rules,
(8) A description of the means by which pri-
and standards under subparagraph (A)(ii)
vacy and civil liberties will be protected in the
shall—
design and operation of the ISE.
(i) take into account the varying mis-
(9) The recommendations of the program
sions and security requirements of agen-
manager, in consultation with the Informa-
cies participating in the ISE;
tion Sharing Council, regarding whether, and
(ii) address development, implementa-
under what conditions, the ISE should be ex-
tion, and oversight of technical standards
panded to include other intelligence informa-
and requirements;
tion.
(iii) take into account ongoing and
(10) A delineation of the roles of the Federal
planned efforts that support development,
departments and agencies that will participate
implementation and management of the
in the ISE, including an identification of the
ISE;
agencies that will deliver the infrastructure
(iv) address and facilitate information
needed to operate and manage the ISE (as dis-
sharing between and among departments
tinct from individual department or agency
and agencies of the intelligence commu-
components that are part of the ISE), with
nity, the Department of Defense, the
such delineation of roles to be consistent
homeland security community and the law
with—
enforcement community;
(A) the authority of the Director of Na-
(v) address and facilitate information
tional Intelligence under this title,1 and the
sharing between Federal departments and
amendments made by this title, to set stand-
agencies and State, tribal, and local gov-
ards for information sharing throughout the
ernments;
intelligence community; and
(vi) address and facilitate, as appro-
(B) the authority of the Secretary of
priate, information sharing between Fed-
Homeland Security and the Attorney Gen-
eral departments and agencies and the pri-
eral, and the role of the Department of
vate sector;
Homeland Security and the Attorney Gen-
(vii) address and facilitate, as appro-
eral, in coordinating with State, local, and
priate, information sharing between Fed-
tribal officials and the private sector.
eral departments and agencies with for-
(11) The recommendations of the program eign partners and allies; and
manager, in consultation with the Informa- (viii) ensure the protection of privacy
tion Sharing Council, for a future manage- and civil liberties.
ment structure for the ISE, including whether (g) Information Sharing Council
the position of program manager should con- (1) Establishment
tinue to remain in existence.
(f) Program manager There is established an Information Sharing
Council that shall assist the President and the
(1) Designation program manager in their duties under this
Not later than 120 days after December 17, section. The Information Sharing Council
2004, with notification to Congress, the Presi- shall serve during the two-year period begin-
dent shall designate an individual as the pro- ning on the date of the initial designation of
gram manager responsible for information the program manager by the President under
sharing across the Federal Government. The subsection (f)(1) of this section, unless sooner
individual designated as the program manager removed from service and replaced by the
shall serve as program manager during the President (at the sole discretion of the Presi-
two-year period beginning on the date of des- dent) with a successor body.
ignation under this paragraph unless sooner (2) Specific duties
removed from service and replaced by the
President (at the President’s sole discretion). In assisting the President and the program
The program manager shall have and exercise manager in their duties under this section, the
governmentwide authority. Information Sharing Council shall—
(A) advise the President and the program
(2) Duties and responsibilities
manager in developing policies, procedures,
(A) In general guidelines, roles, and standards necessary to
The program manager shall, in consulta- establish, implement, and maintain the ISE;
tion with the Information Sharing Council— (B) work to ensure coordination among the
(i) plan for and oversee the implementa- Federal departments and agencies partici-
tion of, and manage, the ISE; pating in the ISE in the establishment, im-
(ii) assist in the development of policies, plementation, and maintenance of the ISE;
procedures, guidelines, rules, and stand- (C) identify and, as appropriate, rec-
ards as appropriate to foster the develop- ommend the consolidation and elimination
ment and proper operation of the ISE; and of current programs, systems, and processes
(iii) assist, monitor, and assess the im- used by Federal departments and agencies to
plementation of the ISE by Federal de- share information, and recommend, as ap-
partments and agencies to ensure adequate propriate, the redirection of existing re-
progress, technological consistency and sources to support the ISE;
(D) identify gaps, if any, between existing (H) the measures taken by the Federal
technologies, programs and systems used by government to ensure the accuracy of infor-
Federal departments and agencies to share mation in the ISE, in particular the accu-
information and the parameters of the pro- racy of information about individuals;
posed information sharing environment; (I) an assessment of the privacy and civil
(E) recommend solutions to address any liberties protections of the ISE, including
gaps identified under subparagraph (D); actions taken in the preceding year to im-
(F) recommend means by which the ISE plement or enforce privacy and civil lib-
can be extended to allow interchange of in- erties protections; and
formation between Federal departments and (J) an assessment of the security protec-
agencies and appropriate authorities of tions used in the ISE.
State and local governments; and (i) Agency responsibilities
(G) recommend whether or not, and by
which means, the ISE should be expanded so The head of each department or agency that
as to allow future expansion encompassing possesses or uses intelligence or terrorism infor-
other relevant categories of information. mation, operates a system in the ISE, or other-
(3) Consultation wise participates (or expects to participate) in
the ISE shall—
In performing its duties, the Information (1) ensure full department or agency compli-
Sharing Council shall consider input from per- ance with information sharing policies, proce-
sons and entities outside the Federal Govern- dures, guidelines, rules, and standards estab-
ment having significant experience and exper- lished under subsections (b) and (f) of this sec-
tise in policy, technical matters, and oper- tion;
ational matters relating to the ISE. (2) ensure the provision of adequate re-
(4) Inapplicability of Federal Advisory Com- sources for systems and activities supporting
mittee Act operation of and participation in the ISE;
The Information Sharing Council shall not (3) ensure full department or agency co-
be subject to the requirements of the Federal operation in the development of the ISE to im-
Advisory Committee Act (5 U.S.C. App.). plement governmentwide information sharing;
(h) Performance management reports and
(1) In general (4) submit, at the request of the President or
the program manager, any reports on the im-
Not later than two years after December 17, plementation of the requirements of the ISE
2004, and annually thereafter, the President within such department or agency.
shall submit to Congress a report on the state
of the ISE and of information sharing across (j) Authorization of appropriations
the Federal Government. There is authorized to be appropriated to
(2) Content carry out this section $20,000,000 for each of fis-
cal years 2005 and 2006.
Each report under this subsection shall in-
clude— (Pub. L. 108–458, title I, § 1016, Dec. 17, 2004, 118
(A) a progress report on the extent to Stat. 3664.)
which the ISE has been implemented, in- REFERENCES IN TEXT
cluding how the ISE has fared on the per-
formance measures and whether the per- Executive Order 13356, referred to in subsec. (a)(1),
formance goals set in the preceding year which was formerly set out as a note below, was re-
voked by Ex. Ord. No. 13388, set out as a note below,
have been met; which established an Information Sharing Council con-
(B) objective system-wide performance sistent with subsec. (g) of this section.
goals for the following year; Section 1061, referred to in subsec. (d)(2), is section
(C) an accounting of how much was spent 1061 of Pub. L. 108–458, which is set out as a note under
on the ISE in the preceding year; section 601 of Title 5, Government Organization and
(D) actions taken to ensure that procure- Employees.
ment of and investments in systems and This title, referred to in subsec. (e)(10)(A), is title I of
technology are consistent with the imple- Pub. L. 108–458, Dec. 17, 2004, 118 Stat. 3643, known as
mentation plan for the ISE; the National Security Intelligence Reform Act of 2004.
For complete classification of title I to the Code, see
(E) the extent to which all terrorism
Short Title of 2004 Amendment note set out under sec-
watch lists are available for combined tion 401 of Title 50, War and National Defense, and Ta-
searching in real time through the ISE and bles.
whether there are consistent standards for The Federal Advisory Committee Act, referred to in
placing individuals on, and removing indi- subsec. (g)(4), is Pub. L. 92–463, Oct. 6, 1972, 86 Stat. 770,
viduals from, the watch lists, including the as amended, which is set out in the Appendix to Title
availability of processes for correcting er- 5, Government Organization and Employees.
rors; CODIFICATION
(F) the extent to which State, tribal, and
local officials are participating in the ISE; Section was enacted as part of the Intelligence Re-
(G) the extent to which private sector
part of the National Security Intelligence Reform Act
data, including information from owners and of 2004, and not as part of the Homeland Security Act
operators of critical infrastructure, is incor- of 2002 which comprises this chapter.
porated in the ISE, and the extent to which
individuals and entities outside the govern- EFFECTIVE DATE
ment are receiving information through the Section effective not later than six months after Dec.
ISE; 17, 2004, except as otherwise expressly provided, see sec-
tion 1097(a) of Pub. L. 108–458, set out as an Effective SEC. 4. Requirements for Collection of Terrorism Informa-
Date of 2004 Amendment; Transition Provisions note tion Inside the United States. To assist in expeditious and
under section 401 of Title 50, War and National Defense. effective implementation by agencies of the policy set
forth in section 1 of this order, the recommendations
EXECUTIVE ORDER NO. 13356
regarding the establishment of executive branch-wide
Ex. Ord. No. 13356, Aug. 27, 2004, 69 F.R. 53599, which collection and sharing requirements, procedures, and
provided for strengthening the sharing of terrorism in- guidelines for terrorism information collected within
formation to protect Americans, was revoked by Ex. the United States made pursuant to section 4 of Execu-
Ord. No. 13388, § 8(b), Oct. 25, 2005, 70 F.R. 62025, set out tive Order 13356 [formerly set out above] shall be used,
below. as appropriate, in carrying out section 1016 of the Intel-
ligence Reform and Terrorism Prevention Act of 2004.
EX. ORD. NO. 13388. FURTHER STRENGTHENING THE SHAR- SEC. 5. Establishment and Functions of Information
ING OF TERRORISM INFORMATION TO PROTECT AMERI-
Sharing Council. (a) Consistent with section 1016(g) of
CANS
the Intelligence Reform and Terrorism Prevention Act
Ex. Ord. No. 13388, Oct. 25, 2005, 70 F.R. 62023, pro- of 2004, there is hereby established an Information
vided: Sharing Council (Council), chaired by the Program
By the authority vested in me as President by the Manager to whom section 1016 of such Act refers, and
Constitution and the laws of the United States of composed exclusively of designees of: the Secretaries of
America, including section 1016 of the Intelligence Re- State, the Treasury, Defense, Commerce, Energy, and
form and Terrorism Prevention Act of 2004 (Public Law Homeland Security; the Attorney General; the Director
108–458) [6 U.S.C. 485], and in order to further strength- of National Intelligence; the Director of the Central In-
en the effective conduct of United States telligence Agency; the Director of the Office of Man-
counterterrorism activities and protect the territory, agement and Budget; the Director of the Federal Bu-
people, and interests of the United States of America, reau of Investigation; the Director of the National
including against terrorist attacks, it is hereby ordered Counterterrorism Center; and such other heads of de-
as follows: partments or agencies as the Director of National In-
SECTION 1. Policy. To the maximum extent consistent telligence may designate.
with applicable law, agencies shall, in the design and (b) The mission of the Council is to (i) provide advice
use of information systems and in the dissemination of and information concerning the establishment of an
information among agencies: interoperable terrorism information sharing environ-
(a) give the highest priority to (i) the detection, pre- ment to facilitate automated sharing of terrorism in-
vention, disruption, preemption, and mitigation of the formation among appropriate agencies to implement
effects of terrorist activities against the territory, peo- the policy set forth in section 1 of this order; and (ii)
ple, and interests of the United States of America; (ii) perform the duties set forth in section 1016(g) of the In-
the interchange of terrorism information among agen- telligence Reform and Terrorism Prevention Act of
cies; (iii) the interchange of terrorism information be- 2004.
tween agencies and appropriate authorities of State, (c) To assist in expeditious and effective implementa-
local, and tribal governments, and between agencies tion by agencies of the policy set forth in section 1 of
and appropriate private sector entities; and (iv) the this order, the plan for establishment of a proposed
protection of the ability of agencies to acquire addi- interoperable terrorism information sharing environ-
tional such information; and ment reported under section 5(c) of Executive Order
(b) protect the freedom, information privacy, and 13356 [formerly set out above] shall be used, as appro-
other legal rights of Americans in the conduct of ac- priate, in carrying out section 1016 of the Intelligence
tivities implementing subsection (a). Reform and Terrorism Prevention Act of 2004.
SEC. 2. Duties of Heads of Agencies Possessing or Acquir- SEC. 6. Definitions. As used in this order:
ing Terrorism Information. To implement the policy set (a) the term ‘‘agency’’ has the meaning set forth for
forth in section 1 of this order, the head of each agency the term ‘‘executive agency’’ in section 105 of title 5,
that possesses or acquires terrorism information: United States Code, together with the Department of
(a) shall promptly give access to the terrorism infor- Homeland Security, but includes the Postal Rate Com-
mation to the head of each other agency that has mission and the United States Postal Service and ex-
counterterrorism functions, and provide the terrorism cludes the Government Accountability Office; and
information to each such agency, unless otherwise di- (b) the term ‘‘terrorism information’’ has the mean-
rected by the President, and consistent with (i) the ing set forth for such term in section 1016(a)(4) of the
statutory responsibilities of the agencies providing and Intelligence Reform and Terrorism Prevention Act of
receiving the information; (ii) any guidance issued by 2004.
the Attorney General to fulfill the policy set forth in SEC. 7. General Provisions. (a) This order:
subsection 1(b) of this order; and (iii) other applicable (i) shall be implemented in a manner consistent with
law, including sections 102A(g) and (i) of the National applicable law, including Federal law protecting the in-
Security Act of 1947 [50 U.S.C. 403–1(g), (i)], section 1016 formation privacy and other legal rights of Americans,
of the Intelligence Reform and Terrorism Prevention and subject to the availability of appropriations;
Act of 2004 [6 U.S.C. 485] (including any policies, proce- (ii) shall be implemented in a manner consistent with
dures, guidelines, rules, and standards issued pursuant the authority of the principal officers of agencies as
thereto), sections 202 and 892 of the Homeland Security heads of their respective agencies, including under sec-
Act of 2002 [6 U.S.C. 122, 482], Executive Order 12958 of tion 199 of the Revised Statutes (22 U.S.C. 2651), section
April 17, 1995, as amended [50 U.S.C. 435 note], and Exec- 201 of the Department of Energy Organization Act (42
utive Order 13311 of July 29, 2003 [6 U.S.C. 482 note]; and U.S.C. 7131), section 103 of the National Security Act of
(b) shall cooperate in and facilitate production of re- 1947 (50 U.S.C. 403–3), section 102(a) of the Homeland Se-
ports based on terrorism information with contents and curity Act of 2002 (6 U.S.C. 112(a)), and sections 301 of
formats that permit dissemination that maximizes the title 5, 113(b) and 162(b) of title 10, 1501 of title 15, 503
utility of the information in protecting the territory, of title 28, and 301(b) of title 31, United States Code;
people, and interests of the United States. (iii) shall be implemented consistent with the Presi-
SEC. 3. Preparing Terrorism Information for Maximum dential Memorandum of June 2, 2005, on ‘‘Strength-
Distribution. To assist in expeditious and effective im- ening Information Sharing, Access, and Integration—
plementation by agencies of the policy set forth in sec- Organizational, Management, and Policy Development
tion 1 of this order, the common standards for the shar- Structures for Creating the Terrorism Information
ing of terrorism information established pursuant to Sharing Environment;’’ [not set out in the Code]
section 3 of Executive Order 13356 of August 27, 2004 (iv) shall not be construed to impair or otherwise af-
[formerly set out above], shall be used, as appropriate, fect the functions of the Director of the Office of Man-
in carrying out section 1016 of the Intelligence Reform agement and Budget relating to budget, administra-
and Terrorism Prevention Act of 2004. tive, and legislative proposals; and
(v) shall be implemented in a manner consistent with man of the Joint Chiefs of Staff) may, in the
section 102A of the National Security Act of 1947 [50 role of the Chairman of the Joint Chiefs of Staff
U.S.C. 403–1]. as principal military adviser to the Council and
(b) This order is intended only to improve the inter-
nal management of the Federal Government and is not subject to the direction of the President, attend
intended to, and does not, create any rights or benefits, and participate in meetings of the Council.
substantive or procedural, enforceable at law or in eq-
uity by a party against the United States, its depart-
(Pub. L. 107–296, title IX, § 903, Nov. 25, 2002, 116
ments, agencies, instrumentalities, or entities, its offi- Stat. 2258; Pub. L. 109–163, div. A, title IX,
cers, employees, or agents, or any other person. § 908(b), Jan. 6, 2006, 119 Stat. 3404.)
SEC. 8. Amendments and Revocation. (a) [Amended Ex.
Ord. No. 13311, set out as a note under section 482 of AMENDMENTS
this title.] 2006—Pub. L. 109–163 designated existing provisions as
(b) Executive Order 13356 of August 27, 2004 [formerly subsec. (a), inserted heading, and added subsec. (b).
set out above], is hereby revoked.
GEORGE W. BUSH. § 494. Other functions and activities
§ 486. Limitation of liability For the purpose of more effectively coordi-
nating the policies and functions of the United
A person who has completed a security aware-
States Government relating to homeland secu-
ness training course approved by or operated
rity, the Council shall—
under a cooperative agreement with the Depart-
ment of Homeland Security using funds made (1) assess the objectives, commitments, and
available in fiscal year 2006 and thereafter or in risks of the United States in the interest of
any prior appropriations Acts, who is enrolled in homeland security and to 1 make resulting rec-
a program recognized or acknowledged by an In- ommendations to the President;
formation Sharing and Analysis Center, and who (2) oversee and review homeland security
reports a situation, activity or incident pursu- policies of the Federal Government and to 1
ant to that program to an appropriate author- make resulting recommendations to the Presi-
ity, shall not be liable for damages in any action dent; and
brought in a Federal or State court which result (3) perform such other functions as the
from any act or omission unless such person is President may direct.
guilty of gross negligence or willful misconduct. (Pub. L. 107–296, title IX, § 904, Nov. 25, 2002, 116
(Pub. L. 109–90, title V, § 541, Oct. 18, 2005, 119 Stat. 2259.)
Stat. 2089.)
§ 495. Staff composition
CODIFICATION
The Council shall have a staff, the head of
Homeland Security Appropriations Act, 2006, and not as which shall be a civilian Executive Secretary,
part of the Homeland Security Act of 2002 which com- who shall be appointed by the President. The
prises this chapter. President is authorized to fix the pay of the Ex-
ecutive Secretary at a rate not to exceed the
SUBCHAPTER IX—NATIONAL HOMELAND rate of pay payable to the Executive Secretary
SECURITY COUNCIL of the National Security Council.
§ 491. National Homeland Security Council (Pub. L. 107–296, title IX, § 905, Nov. 25, 2002, 116
There is established within the Executive Of- Stat. 2259.)
fice of the President a council to be known as
§ 496. Relation to the National Security Council
the ‘‘Homeland Security Council’’ (in this sub-
chapter referred to as the ‘‘Council’’). The President may convene joint meetings of
(Pub. L. 107–296, title IX, § 901, Nov. 25, 2002, 116 the Homeland Security Council and the Na-
Stat. 2258.) tional Security Council with participation by
members of either Council or as the President
§ 492. Function may otherwise direct.
The function of the Council shall be to advise (Pub. L. 107–296, title IX, § 906, Nov. 25, 2002, 116
the President on homeland security matters. Stat. 2259.)
(Pub. L. 107–296, title IX, § 902, Nov. 25, 2002, 116
SUBCHAPTER X—CONSTRUCTION
Stat. 2258.)
§ 493. Membership § 511. Information security responsibilities of
certain agencies
(a) Members
(1) National security responsibilities
The members of the Council shall be the fol-
lowing: (A) Nothing in this chapter (including any
(1) The President. amendment made by this chapter) shall super-
(2) The Vice President. sede any authority of the Secretary of Defense,
(3) The Secretary of Homeland Security. the Director of Central Intelligence, or other
(4) The Attorney General. agency head, as authorized by law and as di-
(5) The Secretary of Defense. rected by the President, with regard to the oper-
(6) Such other individuals as may be des- ation, control, or management of national secu-
ignated by the President. rity systems, as defined by section 3532(3) 1 of
(b) Attendance of Chairman of Joint Chiefs of title 44.
Staff at meetings
The Chairman of the Joint Chiefs of Staff (or, 1 So in original. The word ‘‘to’’ probably should not appear.
in the absence of the Chairman, the Vice Chair- 1 So in original. Probably should be section ‘‘3532(b)(2)’’.
(B) Omitted (2) Limitation on statutory construction

(2) Atomic Energy Act of 1954 Nothing in this chapter, including any amend-
Nothing in this chapter shall supersede any re- ment made by this chapter, shall be construed
quirement made by or under the Atomic Energy as preventing the Under Secretary of Transpor-
Act of 1954 (42 U.S.C. 2011 et seq.). Restricted tation for Security from implementing and
Data or Formerly Restricted Data shall be han- training Federal air marshals.
dled, protected, classified, downgraded, and de-
(Pub. L. 107–296, title XIV, § 1402(c), Nov. 25, 2002,
classified in conformity with the Atomic Energy
116 Stat. 2305.)
Act of 1954 (42 U.S.C. 2011 et seq.).
(Pub. L. 107–296, title X, § 1001(c), Nov. 25, 2002, REFERENCES IN TEXT
116 Stat. 2267.)
This chapter, referred to in par. (2), was in the origi-
REFERENCES IN TEXT nal ‘‘this Act’’, meaning Pub. L. 107–296, Nov. 25, 2002,
This chapter, referred to in text, was in the original 116 Stat. 2135, known as the Homeland Security Act of
‘‘this Act’’, meaning Pub. L. 107–296, Nov. 25, 2002, 116 2002, which is classified principally to this chapter. For
Stat. 2135, known as the Homeland Security Act of 2002, complete classification of this Act to the Code, see Ta-
which is classified principally to this chapter. For com- bles.
plete 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, SUBCHAPTER XI—DEPARTMENT OF
ch. 1073, § 1, 68 Stat. 921, and amended, which is classi- JUSTICE DIVISIONS
fied generally to chapter 23 (§ 2011 et seq.) of Title 42,
The Public Health and Welfare. For complete classi-
fication of this Act to the Code, see Short Title note PART A—EXECUTIVE OFFICE FOR IMMIGRATION
set out under section 2011 of Title 42 and Tables. REVIEW
CODIFICATION
§ 521. Legal status of EOIR
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. (a) 1 Existence of EOIR
CHANGE OF NAME There is in the Department of Justice the Ex-
Reference to the Director of Central Intelligence or ecutive Office for Immigration Review, which
the Director of the Central Intelligence Agency in the shall be subject to the direction and regulation
Director’s capacity as the head of the intelligence com- of the Attorney General under section 1103(g) of
munity deemed to be a reference to the Director of Na- title 8.
tral Intelligence or the Director of the Central Intel- (Pub. L. 107–296, title XI, § 1101, Nov. 25, 2002, 116
ligence Agency in the Director’s capacity as the head of Stat. 2273.)
erence to the Director of the Central Intelligence Agen-
EFFECTIVE DATE
cy. See section 1081(a), (b) of Pub. L. 108–458, set out as
a note under section 401 of Title 50, War and National Pub. L. 107–296, title XI, § 1104, as added by Pub. L.
Defense. 108–7, div. L, § 105(a)(3), Feb. 20, 2003, 117 Stat. 531, pro-
vided that: ‘‘The provisions of this subtitle [subtitle A
SHORT TITLE
(§§ 1101–1104) of title XI of Pub. L. 107–296, enacting this
For short title of title X of Pub. L. 107–296, which en- part and amending section 1103 of Title 8, Immigration
acted this subchapter, as the ‘‘Federal Information Se- and Nationality] shall take effect on the date of the
curity Management Act of 2002’’, see section 1001(a) of transfer of functions from the Commissioner of Immi-
Pub. L. 107–296, set out as a note under section 101 of gration and Naturalization to officials of the Depart-
this title. ment of Homeland Security [functions transferred Mar.
1, 2003]’’.
§ 512. Construction
Nothing in this chapter, or the amendments § 522. Statutory construction
made by this chapter, affects the authority of
the National Institute of Standards and Tech- Nothing in this chapter, any amendment made
nology or the Department of Commerce relating by this chapter, or in section 1103 of title 8, shall
to the development and promulgation of stand- be construed to limit judicial deference to regu-
ards or guidelines under paragraphs (1) and (2) of lations, adjudications, interpretations, orders,
section 278g–3(a) of title 15. decisions, judgments, or any other actions of the
Secretary of Homeland Security or the Attorney
(Pub. L. 107–296, title X, § 1006, Nov. 25, 2002, 116
General.
Stat. 2273.)
REFERENCES IN TEXT
(Pub. L. 107–296, title XI, § 1103, Nov. 25, 2002, 116
Stat. 2274.)
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, REFERENCES IN TEXT
which is classified principally to this chapter. For com- This chapter, referred to in text, was in the original
plete classification of this Act to the Code, see Tables. ‘‘this Act’’, meaning Pub. L. 107–296, Nov. 25, 2002, 116
Stat. 2135, known as the Homeland Security Act of 2002,
§ 513. Federal air marshal program
which is classified principally to this chapter. For com-
(1) Sense of Congress plete classification of this Act to the Code, see Tables.
It is the sense of Congress that the Federal air
marshal program is critical to aviation security. 1 So in original. No subsec. (b) has been enacted.
PART B—TRANSFER OF THE BUREAU OF ALCO- maintain the facility established under sub-
HOL, TOBACCO AND FIREARMS TO THE DEPART- section (a) of this section.
MENT OF JUSTICE (2) Availability of funds
§ 531. Bureau of Alcohol, Tobacco, Firearms, and Any amounts appropriated pursuant to para-
Explosives graph (1) shall remain available until ex-
pended.
(a), (b) Transferred
(Pub. L. 107–296, title XI, § 1114, Nov. 25, 2002, 116
(c) Transfer of authorities, functions, personnel, Stat. 2280.)
and assets to the Department of Justice
(1) Transferred § 533. Transferred
CODIFICATION
(2) Administration and revenue collection
functions Section, Pub. L. 107–296, title XI, § 1115, Nov. 25, 2002,
116 Stat. 2280, which related to a Personnel Manage-
There shall be retained within the Depart- ment Demonstration Project, was transferred to sec-
ment of the Treasury the authorities, function 599B of Title 28, Judiciary and Judicial Procedure,
tions, personnel, and assets of the Bureau of by Pub. L. 109–162, title XI, § 1187(b), (c)(2), Jan. 5, 2006,
Alcohol, Tobacco and Firearms relating to the 119 Stat. 3127, 3128.
administration and enforcement of chapters 51
and 52 of title 26, sections 4181 and 4182 of title SUBCHAPTER XII—TRANSITION
26, and title 27. PART A—REORGANIZATION PLAN
(3) Transferred
§ 541. Definitions
(d) Tax and Trade Bureau
(1) Establishment For purposes of this subchapter:
There is established within the Department (1) The term ‘‘agency’’ includes any entity,
of the Treasury the Tax and Trade Bureau. organizational unit, program, or function.
(2) The term ‘‘transition period’’ means the
(2) Administrator 12-month period beginning on the effective
The Tax and Trade Bureau shall be headed date of this chapter.
by an Administrator, who shall perform such
(Pub. L. 107–296, title XV, § 1501, Nov. 25, 2002, 116
duties as assigned by the Under Secretary for
Stat. 2307.)
Enforcement of the Department of the Treas-
ury. The Administrator shall occupy a career- REFERENCES IN TEXT
reserved position within the Senior Executive The effective date of this chapter, referred to in par.
Service. (2), is 60 days after Nov. 25, 2002, see section 4 of Pub.
(3) Responsibilities L. 107–296, set out as an Effective Date note under sec-
tion 101 of this title.
The authorities, functions, personnel, and
assets of the Bureau of Alcohol, Tobacco and § 542. Reorganization plan
Firearms that are not transferred to the De- (a) Submission of plan
partment of Justice under this section shall be
retained and administered by the Tax and Not later than 60 days after November 25, 2002,
Trade Bureau. the President shall transmit to the appropriate
congressional committees a reorganization plan
(Pub. L. 107–296, title XI, § 1111, Nov. 25, 2002, 116 regarding the following:
Stat. 2274; Pub. L. 109–162, title XI, § 1187(b), Jan. (1) The transfer of agencies, personnel, as-
5, 2006, 119 Stat. 3127.) sets, and obligations to the Department pursu-
AMENDMENTS ant to this chapter.
2006—Pub. L. 109–162 transferred section catchline and
(2) Any consolidation, reorganization, or
subsecs. (a)–(c)(1), (3), to section 599A of Title 28, Judi- streamlining of agencies transferred to the De-
ciary and Judicial Procedure. partment pursuant to this chapter.
(b) Plan elements
§ 532. Explosives Training and Research Facility
The plan transmitted under subsection (a) of
(a) Establishment this section shall contain, consistent with this
There is established within the Bureau an Ex- chapter, such elements as the President deems
plosives Training and Research Facility at Fort appropriate, including the following:
AP Hill, Fredericksburg, Virginia. (1) Identification of any functions of agen-
(b) Purpose cies transferred to the Department pursuant
The facility established under subsection (a) of to this chapter that will not be transferred to
this section shall be utilized to train Federal, the Department under the plan.
State, and local law enforcement officers to— (2) Specification of the steps to be taken by
(1) investigate bombings and explosions; the Secretary to organize the Department, in-
(2) properly handle, utilize, and dispose of cluding the delegation or assignment of func-
explosive materials and devices; tions transferred to the Department among of-
(3) train canines on explosive detection; and ficers of the Department in order to permit
(4) conduct research on explosives. the Department to carry out the functions
transferred under the plan.
(c) Authorization of appropriations
(3) Specification of the funds available to
(1) In general each agency that will be transferred to the De-
There are authorized to be appropriated such partment as a result of transfers under the
sums as may be necessary to establish and plan.
(4) Specification of the proposed allocations (1) The transfer of agencies, personnel, assets, and
within the Department of unexpended funds obligations to the Department pursuant to this Act
transferred in connection with transfers under [Pub. L. 107–296, Nov. 25, 2002, 116 Stat. 2135].
(2) Any consolidation, reorganization, or stream-
the plan. lining of agencies transferred to the Department pur-
(5) Specification of any proposed disposition suant to this Act. Section 1502(a).
of property, facilities, contracts, records, and Section 1502(b) of the Act identifies six elements, to-
other assets and obligations of agencies trans- gether with other elements ‘‘as the President deems ap-
ferred under the plan. propriate,’’ as among those for discussion in the plan.
(6) Specification of the proposed allocations Each of the elements set out in the statute is identified
verbatim below, followed by a discussion of current
within the Department of the functions of the plans with respect to that element.
agencies and subdivisions that are not related This plan is subject to modification pursuant to Sec-
directly to securing the homeland. tion 1502(d) of the Act, which provides that on the basis
(c) Modification of plan of consultations with appropriate congressional com-
mittees the President may modify or revise any part of
The President may, on the basis of consulta- the plan until that part of the plan becomes effective.
tions with the appropriate congressional com- Additional details concerning the process for estab-
mittees, modify or revise any part of the plan lishing the Department will become available in the
until that part of the plan becomes effective in coming weeks and months, and the President will work
closely with Congress to modify this plan consistent
accordance with subsection (d) of this section.
with the Act.
(d) Effective date
PLAN ELEMENTS
(1) In general
(1) Identification of any functions of agencies trans-
The reorganization plan described in this ferred to the Department pursuant to this Act that will
section, including any modifications or revi- not be transferred to the Department under the plan.
sions of the plan under subsection (d) of this Except as otherwise directed in the Act, all func-
tions of agencies that are to be transferred to the De-
section, shall become effective for an agency
partment pursuant to the Act will be transferred to
on the earlier of— the Department under the plan. The functions of
(A) the date specified in the plan (or the agencies being transferred to the Department which
plan as modified pursuant to subsection (d) the Act directs are not to be transferred are the fol-
of this section), except that such date may lowing:
not be earlier than 90 days after the date the • Pursuant to Section 201(g)(1) of the Act [6
President has transmitted the reorganiza- U.S.C. 121(g)(1)], the Computer Investigations and
Operations Section (‘‘CIOS’’) of the National Infra-
tion plan to the appropriate congressional structure Protection Center (‘‘NIPC’’) of the Fed-
committees pursuant to subsection (a) of eral Bureau of Investigation (‘‘FBI’’) will not trans-
this section; or fer to the Department with the rest of NIPC. CIOS
(B) the end of the transition period. is the FBI headquarters entity responsible for man-
(2) Statutory construction aging all FBI computer intrusion field office cases
(whether law enforcement or national security re-
Nothing in this subsection may be construed lated).
to require the transfer of functions, personnel, • Pursuant to Sections 421(c) & (d) of the Act [6
records, balances of appropriations, or other U.S.C. 231(c), (d)], the regulatory responsibilities
assets of an agency on a single date. and quarantine activities relating to agricultural
import and entry inspection activities of the United
(3) Supersedes existing law States Department of Agriculture (‘‘the USDA’’)
Paragraph (1) shall apply notwithstanding Animal and Plant Health Inspection Service
(‘‘APHIS’’) will remain with the USDA, as will the
section 905(b) of title 5. Secretary of Agriculture’s authority to issue regu-
(Pub. L. 107–296, title XV, § 1502, Nov. 25, 2002, 116 lations, policies, and procedures regarding the func-
Stat. 2308.) tions transferred pursuant to Sections 421(a) & (b)
of the Act.
REFERENCES IN TEXT • Pursuant to Subtitle B of Title IV of the Act [6
U.S.C. 211 et seq.], the authorities of the Secretary
This chapter, referred to in subsecs. (a) and (b), was of the Treasury related to Customs revenue func-
in the original ‘‘this Act’’, meaning Pub. L. 107–296, tions, as defined in the statute, will not transfer to
Nov. 25, 2002, 116 Stat. 2135, known as the Homeland Se- the Department.
curity Act of 2002, which is classified principally to this • Functions under the immigration laws of the
chapter. For complete classification of this Act to the United States with respect to the care of unaccom-
Code, see Short Title note set out under section 101 of panied alien children will not transfer from the De-
this title and Tables. partment of Justice to DHS, but will instead trans-
fer to the Department of Health and Human Serv-
DEPARTMENT OF HOMELAND SECURITY
ices pursuant to Section 462 of the Act [6 U.S.C.
REORGANIZATION PLAN 279].
(2) Specification of the steps to be taken by the Sec-
November 25, 2002
retary to organize the Department, including the dele-
H. Doc. No. 108–16, 108th Congress, 1st Session, gation or assignment of functions transferred to the De-
provided: partment among officers of the Department in order to
INTRODUCTION permit the Department to carry out the functions trans-
ferred under the plan.
This Reorganization Plan is submitted pursuant to A. Steps to be taken by the Secretary to organize the De-
Section 1502 of the Department [sic] of Homeland Secu- partment. The President intends that the Secretary will
rity Act of 2002 [6 U.S.C. 542] (‘‘the Act’’), which re- carry out the following actions on the dates specified.
quires submission, not later than 60 days after enact- All of the following transfers shall be deemed to be
ment [Nov. 25, 2002], of a reorganization plan regarding made to DHS, and all offices and positions to be estab-
two categories of information concerning plans for the lished and all officers and officials to be appointed or
Department of Homeland Security (‘‘the Department’’ named shall be deemed to be established, appointed, or
or ‘‘DHS’’): named within DHS.
January 24, 2003 (effective date of the Act pursuant to 0 The chemical and biological national security
Section 4 [6 U.S.C. 101 note]): and supporting programs and activities of the non-
• Establish the Office of the Secretary. proliferation and verification research and develop-
• Begin to appoint, upon confirmation by the Sen- ment program of the Department of Energy.
ate, or transfer pursuant to the transfer provisions of 0 The life sciences activities related to microbial
the Act, as many of the following officers as may be pathogens of the Biological and Environmental Re-
possible: search Program of the Department of Energy.
(1) Deputy Secretary of Homeland Security 0 The National Bio-Weapons Defense Analysis
(2) Under Secretary for Information Analysis and Center of the Department of Defense.
Infrastructure Protection 0 The nuclear smuggling programs and activities
(3) Under Secretary for Science and Technology within the proliferation detection program of the
(4) Under Secretary for Border and Transpor- nonproliferation and verification research and de-
tation Security velopment program of the Department of Energy.
(5) Under Secretary for Emergency Preparedness 0 The nuclear assessment program and activities
and Response of the assessment, detection, and cooperation pro-

(6) Director of the Bureau of Citizenship and Im- gram of the international materials protection and
migration Services cooperation program of the Department of Energy
(7) Under Secretary for Management and the advanced scientific computing research
(8) Not more than 12 Assistant Secretaries program and activities at Lawrence Livermore Na-
(9) General Counsel tional Laboratory of the Department of Energy.
(10) Inspector General 0 The Environmental Measurements Laboratory
(11) Commissioner of Customs of the Department of Energy.
• Name, as soon as may be possible, officers to fill • Transfer the Federal Emergency Management
the following offices created by the Act: Agency (‘‘FEMA’’).
(1) Assistant Secretary for Information Analysis • Transfer the Integrated Hazard Information Sys-
(2) Assistant Secretary for Infrastructure Protec- tem of the National Oceanic and Atmospheric Admin-
tion istration, which shall be renamed ‘‘FIRESTAT.’’
(3) Privacy Officer • Transfer the National Domestic Preparedness Of-
(4) Director of the Secret Service fice of the FBI, including the functions of the Attor-
(5) Chief Information Officer ney General relating thereto.
(6) Chief Human Capital Officer • Transfer the Domestic Emergency Support Team
(7) Chief Financial Officer of the Department of Justice, including the functions
(8) Officer for Civil Rights and Civil Liberties of the Attorney General relating thereto.
(9) Director of Shared Services • Transfer the Metropolitan Medical Response Sys-
(10) Citizenship and Immigration Ombudsman tem of the Department of Health and Human Serv-
(11) Director of the Homeland Security Advanced ices, including the functions of the Secretary of
Research Projects Agency Health and Human Services and Assistant Secretary
• Establish, within the Office of the Secretary, the for Public Health Emergency Preparedness relating
Office for State and Local Government Coordination, thereto.
the Office of International Affairs, and the Office of • Transfer the National Disaster Medical System of
National Capital Region Coordination. the Department of Health and Human Services, in-
• Establish the Homeland Security Advanced Re- cluding the functions of the Secretary of Health and
search Projects Agency and the Acceleration Fund Human Services and Assistant Secretary for Public
for Research and Development of Homeland Security Health Emergency Preparedness relating thereto.
Technologies. • Transfer the Office of Emergency Preparedness
• Establish within the Directorate of Science and and the Strategic National Stockpile of the Depart-
Technology the Office for National Laboratories. ment of Health and Human Services, including the
• Establish the Bureau of Border Security [now Bu- functions of the Secretary of Health and Human
reau of Immigration and Customs Enforcement], the Services and Assistant Secretary for Public Health
Bureau of Citizenship and Immigration Services, and Emergency Preparedness relating thereto.
the Director of Shared Services. • Transfer to the Secretary the authority (in con-
• Establish the Transportation Security Oversight nection with an actual or threatened terrorist at-
Board with the Secretary of Homeland Security as its tack, major disaster, or other emergency in the
Chair. United States) to direct the Nuclear Incident Re-
March 1, 2003: sponse Team of the Department of Energy to operate
• Transfer the Critical Infrastructure Assurance Of- as an organizational unit.
fice (‘‘CIAO’’) of the Department of Commerce, the June 1, 2003:
National Communications System (‘‘the NCS’’), the • Transfer the Plum Island Animal Disease Center
NIPC of the FBI (other than the CIOS), the National of USDA.
Infrastructure Simulation and Analysis Center • Establish the Homeland Security Science and
(‘‘NISAC’’), the Energy Assurance Office (‘‘EAO’’) of Technology Advisory Committee.
the Department of Energy, and the Federal Computer
By September 30, 2003:
Incident Response Center of the General Services Ad-
• Complete any incidental transfers, pursuant to
ministration (‘‘FedCIRC’’).
Section 1516 of the Act [6 U.S.C. 556], of personnel, as-
• Transfer the Coast Guard.
sets, and liabilities held, used, arising from, avail-
• Transfer the Customs Service, the Transportation
able, or to be made available, in connection with the
Security Administration (‘‘the TSA’’), functions of
functions transferred by the Act.
the Immigration and Naturalization Service (‘‘the
B. Delegation or Assignment Among Officers of Functions
INS’’), the Federal Protective Service (‘‘the FPS’’),
Transferred to the Department. The President intends
the Office of Domestic Preparedness (‘‘the ODP’’), and
that the Secretary will delegate or assign transferred
the Federal Law Enforcement Training Center (‘‘the
functions within the Department as follows:
FLETC’’).
• Transfer the functions of the Secretary of Agri- 1. Information Analysis and Infrastructure Protec-
culture relating to agricultural import and entry in- tion
spection activities under the laws specified in Section a. Under Secretary for Information Analysis and In-
421(b) of the Act [6 U.S.C. 231(b)] from the Animal and frastructure Protection (‘‘IA and IP’’): Will be respon-
Plant Health Inspection Service. sible for oversight of functions of NIPC, NCS, CIAO,
• Transfer the United States Secret Service. NISAC, EAO, and FedCIRC transferred by the Act,
• Transfer the following programs and activities to the management of the Directorate’s Information
the Directorate of Science and Technology: Analysis and Infrastructure Protection duties, and
the administration of the Homeland Security Advi- into cooperative agreements through the Sec-
sory System. retary to obtain such information.
b. Assistant Secretary for Information Analysis: Will • Establish and utilize, in conjunction with the
oversee the following Information Analysis func- Chief Information Officer of the Department, a
tions: secure communications and information tech-
• Identify and assess the nature and scope of nology infrastructure, including data-mining and
terrorist threats to the homeland; detect and other advanced analytical tools, in order to ac-
identify threats of terrorism against the United cess, receive, and analyze data and information in
States; and, understand such threats in light of furtherance of statutory responsibilities, and to
actual and potential vulnerabilities of the home- disseminate information acquired and analyzed
land. by the Department, as appropriate.
• In coordination with the Assistant Secretary • Ensure, in conjunction with the Chief Infor-
for Infrastructure Protection, integrate relevant mation Officer of the Department, that any infor-
information, analyses, and vulnerability assess- mation databases and analytical tools developed
ments (whether such information, analyses, or as- or utilized by the Department—
sessments are provided or produced by the De- 1. Are compatible with one another and with
partment or others) in order to identify priorities relevant information databases of other agen-
for protective and support measures by the De- cies of the Federal Government; and
partment, other agencies of the Federal Govern- 2. Treat information in such databases in a
ment, State and local government agencies and manner that complies with applicable Federal
authorities, the private sector, and other entities. law on privacy.
• Ensure the timely and efficient access by the • Coordinate training and other support to the
Department to all information necessary to dis- elements and personnel of the Department, other
charge the responsibilities under Section 201 of agencies of the Federal Government, and State
the Act [6 U.S.C. 121], including obtaining such and local governments that provide information
information from other agencies of the Federal to the Department, or are consumers of informa-
Government. tion provided by the Department, in order to fa-
• Review, analyze, and make recommendations cilitate the identification and sharing of informa-
for improvements in the policies and procedures tion revealed in their ordinary duties and the op-
governing the sharing of law enforcement infor- timal utilization of information received from the
mation, intelligence information, intelligence-re- Department.
lated information, and other information relating • Coordinate with elements of the intelligence
to homeland security within the Federal Govern- community and with Federal, State, and local
ment and between the Federal Government and law enforcement agencies, and the private sector,
State and local government agencies and authori- as appropriate.
ties. • Provide intelligence and information analysis
• Disseminate, as appropriate, information ana- and support to other elements of the Department.
lyzed by the Department within the Department, c. Assistant Secretary for Infrastructure Protection:
to other agencies of the Federal Government with Will oversee the following Infrastructure Protec-
responsibilities relating to homeland security, tion functions:
and to agencies of State and local governments • Carry out comprehensive assessments of the
and private sector entities with such responsibil- vulnerabilities of the key resources and critical
ities in order to assist in the deterrence, preven- infrastructure of the United States, including the
tion, preemption of, or response to, terrorist at- performance of risk assessments to determine the
tacks against the United States. risks posed by particular types of terrorist at-
• Consult with the Director of Central Intel- tacks within the United States (including an as-
ligence and other appropriate intelligence, law sessment of the probability of success of such at-
enforcement, or other elements of the Federal tacks and the feasibility and potential efficacy of
Government to establish collection priorities and various countermeasures to such attacks).
strategies for information, including law enforce- • In coordination with the Assistant Secretary
ment-related information, relating to threats of for Information Analysis, integrate relevant in-
terrorism against the United States through such formation, analyses, and vulnerability assess-
means as the representation of the Department in ments (whether such information, analyses, or as-
discussions regarding requirements and priorities sessments are provided or produced by the De-
in the collection of such information. partment or others) in order to identify priorities
• Consult with State and local governments and for protective and support measures by the De-
private sector entities to ensure appropriate ex- partment, other agencies of the Federal Govern-
changes of information, including law enforcement, State and local government agencies and
ment-related information, relating to threats of authorities, the private sector, and other entities.
terrorism against the United States. • Develop a comprehensive national plan for se-
• Ensure that— curing the key resources and critical infrastruc-
1. Any material received pursuant to the Act ture of the United States, including power pro-
is protected from unauthorized disclosure and duction, generation, and distribution systems, in-
handled and used only for the performance of formation technology and telecommunications
official duties; and systems (including satellites), electronic finan-
2. Any intelligence information under the Act cial and property record storage and transmission
is shared, retained, and disseminated consistent systems, emergency preparedness communica-
with the authority of the Director of Central In- tions systems, and the physical and technological
telligence to protect intelligence sources and assets that support such systems.
methods under the National Security Act of • Recommend measures necessary to protect
1947 (50 U.S.C. Section 401, et seq.) and related the key resources and critical infrastructure of
procedures and, as appropriate, similar authori- the United States in coordination with other
ties of the Attorney General concerning sen- agencies of the Federal Government and in co-
sitive law enforcement information. operation with State and local government agen-
• Request additional information from other cies and authorities, the private sector, and other
agencies of the Federal Government, State and entities.
local government agencies, and the private sector • In coordination with the Under Secretary for
relating to threats of terrorism in the United Emergency Preparedness and Response, provide
States, or relating to other areas of responsibility to State and local government entities, and upon
assigned by the Secretary, including the entry request to private entities that own or operate
critical information systems, crisis management • Establish and administer the primary re-
support in response to threats to, or attacks on, search and development activities of the Depart-
critical information systems. ment, including the long-term research and devel-
• Provide technical assistance, upon request, to opment needs and capabilities for all elements of
the private sector and other government entities, the Department.
in coordination with the Under Secretary for • Coordinate and integrate all research, devel-
Emergency Preparedness and Response, with re- opment, demonstration, testing, and evaluation
spect to emergency recovery plans to respond to activities of the Department.
major failures of critical information systems. • Coordinate with other appropriate executive
• Coordinate with other agencies of the Federal agencies in developing and carrying out the
Government to provide specific warning informa- science and technology agenda of the Department
tion, and advice about appropriate protective to reduce duplication and identify unmet needs.
measures and countermeasures, to State and • Develop and oversee the administration of
local government agencies and authorities, the guidelines for merit review of research and devel-
private sector, other entities, and the public. opment projects throughout the Department, and
2. Science and Technology for the dissemination of research conducted or
Under Secretary for Science and Technology: Will be sponsored by the Department.
responsible for performing the functions set forth 3. Border and Transportation Security
in Section 302 of the Act [6 U.S.C. 182], including The Directorate of Border and Transportation Se-
the following: curity (‘‘BTS’’) will include the following: the Bu-
• Advise the Secretary regarding research and reau of Border Security [now Bureau of Immigra-
development efforts and priorities in support of tion and Customs Enforcement]; the Office for Do-
the Department’s missions. mestic Preparedness; the Customs Service [now Bu-
• Develop, in consultation with other appro- reau of Customs and Border Protection]; the Trans-
priate executive agencies, a national policy and portation Security Administration; FLETC; and
strategic plan for identifying priorities, goals, ob- FPS.
jectives, and policies for, and coordinating the
The BTS Directorate will also have in place the
Federal Government’s civilian efforts with re-
key leaders of the new Directorate to include:
spect to, identifying and developing counter-
a. Under Secretary for BTS: Will be responsible
measures to chemical, biological, radiological,
for oversight of all responsibilities set forth in
nuclear, and other emerging terrorist threats, in-
Section 402 of the Act [6 U.S.C. 202], including the
cluding the development of comprehensive, re-
following:
search-based definable goals for such efforts and
• Prevent the entry of terrorists and the instru-
of annual measurable objectives and specific tar-
ments of terrorism into the United States.
gets to accomplish and evaluate the goals for
• Secure the borders, territorial waters, ports,
such efforts.
terminals, waterways, and air, land, and sea
• Support the Under Secretary for Information
transportation systems of the United States, in-
Analysis and Infrastructure Protection by assess-
cluding managing and coordinating those func-
ing and testing homeland security vulnerabilities
tions transferred to the Department at ports of
and possible threats.
• Conduct basic and applied research, develop- entry.
ment, demonstration, testing, and evaluation ac- • Establish and administer rules, in accordance
tivities that are relevant to any or all elements of with Section 428 of the Act [6 U.S.C. 236], gov-
the Department, through both intramural and ex- erning the granting of visas or other forms of per-
tramural programs, except that such responsi- mission, including parole, to enter the United
bility does not extend to human health-related States to individuals who are not a citizen or an
research and development activities. alien lawfully admitted for permanent residence
• Establish priorities for directing, funding, and in the United States.
conducting national research, development, test • Establish national immigration enforcement
and evaluation, and procurement of technology policies and priorities.
and systems for— • Administer the customs laws of the United
1. preventing the importation of chemical, bi- States, except as otherwise provided in the Act.
ological, radiological, nuclear, and related • Conduct the inspection and related adminis-
weapons and material; and trative functions of the USDA transferred to the
2. detecting, preventing, protecting against, Secretary of Homeland Security under Section
and responding to terrorist attacks. 421 of the Act [6 U.S.C. 231].
• Establish a system for transferring homeland • In carrying out the foregoing responsibilities,
security developments or technologies to Federal, ensure the speedy, orderly, and efficient flow of
State, and local governments, and to private sec- lawful traffic and commerce.
tor entities. • Carry out the immigration enforcement func-
• Enter into work agreements, joint sponsor- tions specified under Section 441 of the Act [6
ships, contracts, or any other agreements with U.S.C. 251] that were vested by statute in, or per-
the Department of Energy regarding the use of formed by, the Commissioner of the INS (or any
the national laboratories or sites and support of officer, employee, or component of the INS) im-
the science and technology base at those facili- mediately before the date on which the transfer
ties. of functions takes place.
• Collaborate with the Secretary of Agriculture b. Assistant Secretary for Border Security: Will re-
and the Attorney General as provided in Section port directly to the Under Secretary for Border
212 of the Agricultural Bioterrorism Protection and Transportation Security, and whose respon-
Act of 2002 (7 U.S.C. § 8401), as amended by Section sibilities will include the following:
1709(b) of the Act. • Establish and oversee the administration of
• Collaborate with the Secretary of Health and the policies for performing such functions as
Human Services and the Attorney General in de- are—
termining any new biological agents and toxins 1. transferred to the Under Secretary for Bor-
that shall be listed as ‘‘select agents’’ in Appen- der and Transportation Security by Section 441
dix A of part 72 of title 42, Code of Federal Regu- of the Act and delegated to the Assistant Sec-
lations, pursuant to Section 351A of the Public retary by the Under Secretary for Border and
Health Service Act (42 U.S.C. § 262a). Transportation Security; or
• Support United States leadership in science 2. otherwise vested in the Assistant Secretary
and technology. by law.
• Advise the Under Secretary for Border and 1. Managing such response;
Transportation Security with respect to any pol- 2. Directing the Domestic Emergency Support
icy or operation of the Bureau of Border Security Team, the Strategic National Stockpile, the
[now Bureau of Immigration and Customs En- National Disaster Medical System, and (when
forcement] that may affect the Bureau of Citizen- operating as an organizational unit of the De-
ship and Immigration. partment pursuant to the Act) the Nuclear Inci-
c. Director of the Office for Domestic Prepared- dent Response Team;
ness—Will report directly to the Under Secretary 3. Overseeing the Metropolitan Medical Re-
for Border and Transportation Security and will sponse System; and
have the primary responsibility within the Execu- 4. Coordinating other Federal response re-
tive Branch of the Federal Government for the sources in the event of a terrorist attack or
preparedness of the United States for acts of ter- major disaster.
rorism, including the following responsibilities: • Aiding the recovery from terrorist attacks
• Coordinate preparedness efforts at the Fed- and major disasters;
eral level, and work with all State, local, tribal, • Building a comprehensive national incident
parish, and private sector emergency response management system with Federal, State, and
providers on all matters pertaining to combating local government personnel, agencies, and au-
terrorism, including training, exercises, and thorities, to respond to such attacks and disas-
equipment support. ters.
• Coordinate or, as appropriate, consolidate • Consolidating existing Federal Government
communications and systems of communications emergency response plans into a single, coordi-
relating to homeland security at all levels of gov- nated national response plan; and
ernment. • Developing comprehensive programs for de-
• Direct and supervise terrorism preparedness veloping interoperative communications tech-
grant programs of the Federal Government (other nology, and helping to ensure that emergency re-
than those programs administered by the Depart- sponse providers acquire such technology.
ment of Health and Human Services) for all emer- 5. Other Officers and Functions
gency response providers. a. Director of the Bureau of Citizenship and Immi-
• Incorporate homeland security priorities into gration Services: Will report directly to the Deputy
planning guidance on an agency level for the pre- Secretary; and will be responsible for the following:
paredness efforts of the Office for Domestic Pre- • Establishing the policies for performing such
paredness. functions as are transferred to the Director by
• Provide agency-specific training for agents Section 451 of the Act [6 U.S.C. 271] or otherwise
and analysts within the Department, other agen- vested in the Director by law.
cies, and State and local agencies, and inter- • Oversight of the administration of such poli-
national entities. cies.
• As the lead executive branch agency for pre- • Advising the Deputy Secretary with respect
paredness of the United States for acts of ter- to any policy or operation of the Bureau of Citi-
rorism, cooperate closely with the FEMA, which zenship and Immigration Services that may af-
shall have the primary responsibility within the fect the Bureau of Border Security [now Bureau
executive branch to prepare for and mitigate the of Immigration and Customs Enforcement] of the
effects of nonterrorist-related disasters in the Department, including potentially conflicting
United States. policies or operations.
• Assist and support the Secretary, in coordina- • Establishing national immigration services
tion with other Directorates and entities outside policies and priorities.
the Department, in conducting appropriate risk • Meeting regularly with the Ombudsman de-
analysis and risk management activities of State, scribed in Section 452 of the Act [6 U.S.C. 272] to
local, and tribal governments consistent with the correct serious service problems identified by the
mission and functions of the Directorate. Ombudsman.
• Supervise those elements of the Office of Na- • Establishing procedures requiring a formal re-
tional Preparedness of FEMA that relate to ter- sponse to any recommendations submitted in the
rorism, which shall be consolidated within the Ombudsman’s annual report to Congress within
Department in the ODP established pursuant to three months after its submission to Congress.
Section 430 of the Act [6 U.S.C. 238]. b. Citizenship and Immigration Services Ombudsman:
Will report directly to the Deputy Secretary; and
4. Emergency Preparedness and Response
will be responsible for the following:
The Emergency Preparedness and Response Direc-
• Assisting individuals and employers in resolv-
torate will be headed by the Under Secretary for
ing problems with the Bureau of Citizenship and
Emergency Preparedness and Response.
Immigration Services;
Under Secretary for EP&R: Will be responsible for • Identifying areas in which individuals and
all of those functions included within Section 502 of employers have problems in dealing with the Bu-
the Act [6 U.S.C. 312], including: reau of Citizenship and Immigration Services; and
• Helping to ensure the effectiveness of emer- • Proposing changes in the administrative prac-
gency response providers to terrorist attacks, tices of the Bureau of Citizenship and Immigra-
major disasters, and other emergencies. tion Services to mitigate identified problems.
• With respect to the Nuclear Incident Response
Team (regardless of whether it is operating as an (3) Specification of the funds available to each agency
organizational unit of the Department pursuant that will be transferred to the Department as a result of
to the Act): transfers under the plan.
1. Establishing standards and certifying when • The attached tables [not set out in the Code] pro-
those standards have been met; vide estimates of the funds available to the agencies
2. Conducting joint and other exercises and and entities that will be transferred to the Depart-
training and evaluating performance; and, ment by operation of the Act. The two tables include
3. Providing funds to the Department of En- total funding (mandatory and discretionary including
ergy and the Environmental Protection Agency, fees) and discretionary funding net of fees. The tables
as appropriate, for homeland security planning, provide the enacted levels for 2002 and 2002
exercises and training, and equipment. supplementals, and the President’s requested levels
• Providing the Federal Government’s response for 2003.
to terrorist attacks and major disasters, includ- Because of the current state of the 2003 budget proc-
ing: ess, information concerning the funds that will be
available to each transferring agency on the date of • As agencies and subdivisions are transferred into
the proposed transfers is not currently available and the Department, any functions of those entities that
will not likely be available during the time period in are not directly related to securing the homeland will
which the President is to submit this Reorganization continue to be allocated to the agencies and subdivi-
Plan. As additional information becomes available, it sions in which they are currently incorporated.
will be provided as may be required in accordance [Bureau of Border Security renamed Bureau of Immi-
with the procedures under the Act for modification of gration and Customs Enforcement, and Customs Serv-
this Plan or other applicable law. ice renamed Bureau of Customs and Border Protection,
(4) Specification of the proposed allocations within by Reorganization Plan Modification for the Depart-
the Department of unexpended funds transferred in ment of Homeland Security, H. Doc. No. 108–32, 108th
connection with transfers under the plan. Congress, 1st Session, set out below.]
• The attached tables [not set out in the Code] pro- [For transfer of functions of Strategic National
vide estimates of the unobligated balances as of Sep- Stockpile to Secretary of Health and Human Services,
tember 30, 2002, for the agencies and programs that with certain exceptions, see section 3(c)(1), (2) of Pub.
will be transferred to the Department. The first table L. 108–276, set out as a note under section 247d–6b of
provides estimates of unobligated balances for the ac- Title 42, The Public Health and Welfare.]
counts that are moving to the Department in whole. MESSAGE OF THE PRESIDENT
The second table provides estimates of the unobli-
gated balances in the accounts of which only a por- 38 Weekly Compilation of Presidential Documents
tion will be transferring to the new Department. 2095, Dec. 2, 2002; H. Doc. No. 108–16, provided:
These latter estimates, however, are of the unobli- THE WHITE HOUSE, Washington, November 25, 2002.
gated balances for the full account, only a portion of Dear Mr. Speaker: (Dear Mr. President:) 1
which are associated with the activities that will be Pursuant to section 1502 of the Homeland Security
transferred to the Department. In addition, these un- Act of 2002 [6 U.S.C. 542], I submit herewith the en-
obligated balances are based on the Department of closed Reorganization Plan for the Department of
Treasury’s estimates as of September 30, 2002, which Homeland Security. The Reorganization Plan provides
are the latest available figures. Since October 1, 2002, information concerning the elements identified in sec-
Departments and agencies (except the Department of tion 1502(b), and is subject to modification pursuant to
Defense) have been operating under continuing reso- section 1502(d) of the Act. In accordance with section
lutions, and, as such, have been spending these bal- 1502(a) of the Act, please transmit this Reorganization
ances to maintain current operations. Plan to the appropriate congressional committees.
The details of this Plan are set forth in the enclosed
Authority to reallocate unexpended funds of agencies
letter from the Director of the Office of Management
transferred under this Plan is found in H.J. Res. 124
and Budget. I concur with his comments and observa-
[Pub. L. 107–294, Nov. 23, 2002, 116 Stat. 2062], the con-
tions.
tinuing resolution in effect currently and until Janu-
Sincerely,
ary 11, 2003. The resolution provides authority for the
Office of Management and Budget to transfer an GEORGE W. BUSH.
amount not to exceed $140,000,000 from unobligated 1 Editorial note. This is the text of identical letters
balances of appropriations enacted before October 1, addressed to the Speaker of the House of Representa-
2002 ‘‘for organizations and entities that will be tives and the President of the Senate.
transferred to the new Department and for salaries Enclosure.
and expenses associated with the initiation of the De-
partment.’’ Such authority may be exercised upon REORGANIZATION PLAN MODIFICATION FOR THE
providing 15 days’ notice to the Appropriations Com- DEPARTMENT OF HOMELAND SECURITY
mittees. We anticipate that it may be necessary to January 30, 2003
provide funding through such transfers both for
transferring entities and for salaries and expenses as- H. Doc. No. 108–32, 108th Congress, 1st Session,
sociated with the initiation of the Department, in- provided:
cluding, for example, those associated with estab- INTRODUCTION
lishing the Office of the Secretary and other new of-
This Reorganization Plan Modification is submitted
fices provided for in the Act. Any plan to use such
pursuant to the Homeland Security Act (‘‘the Act’’) of
funding will follow the procedures required under the
2002 [Pub. L. 107–296, Nov. 25, 2002, 116 Stat. 2135]. All
continuing resolution, including the provision of at
elements of the Department of Homeland Security Re-
least 15 days’ notice to the Appropriations Commit-
organization Plan of November 25, 2002 (‘‘the Plan’’)
tees.
[set out above] remain as submitted except for those
(5) Specification of any proposed disposition of prop- modifications addressed herein.
erty, facilities, contracts, records, and other assets and
obligations of agencies transferred under the plan. PURPOSE OF MODIFICATION
• There is no intention to dispose of property, facil- This modification of the Plan is to establish and
ity, contracts, records, and other assets and obliga- specify organizational units within the Border and
tions of agencies transferred under the plan. All of Transportation Security Directorate. This modifica-
such assets and obligations will transfer with each tion presents a structural change, but does not consoli-
agency pursuant to Section 1511(d)(1) of the Act [6 date, discontinue, or diminish transferred agencies’
U.S.C. 551(d)(1)]. current operations in the field.
• Prior to and during the transition period (as de-
fined by Section 1501(a)(2) of the Act [6 U.S.C. PLAN MODIFICATIONS
541(a)(2)]), the Department may identify property, fa-
(a) Rename the ‘‘Bureau of Border Security’’ the ‘‘Bu-
cilities, contracts, records, and other assets and obli-
reau of Immigration and Customs Enforcement.’’ As re-
gations of agencies transferred that would be can-
quired by the Act, this Bureau will be headed by an As-
didates for disposition due to duplication, non-use,
sistant Secretary who will report directly to the Under-
obsolescence, and the like. If and when any such pro-
secretary for Border and Transportation Security.
posed dispositions are identified, we will follow provi-
This Bureau will comprise Immigration Naturaliza-
sions of the Act relating to modification of this plan
tion Service (INS) interior enforcement functions, in-
or further notification of Congress.
cluding the detention and removal program, the in-
(6) Specification of the proposed allocations within telligence program, and the investigations program.
the Department of the functions of the agencies and At the same time, pursuant to this modification, the
subdivisions that are not related directly to securing interior enforcement resources and missions of the
the homeland. Customs Service and the Federal Protective Service
will be added to this Bureau. The mission of the Bu- fees. The table provides the President’s requested levels
reau is: for 2003.
1. To enforce the full range of immigration and cus- Because of the current state of the 2003 budget proc-
toms laws within the interior of the United States; ess, information concerning the funds that will be
and, available to each transferring agency on the date of the
2. To protect specified federal buildings. proposed transfers is not currently available. As addi-
The Assistant Secretary will: tional information becomes available, it will be pro-
1. Establish and oversee the administration of the vided as may be required in accordance with the proce-
policies for performing the detention and removal dures under the Act for modification of this Plan or
program, the intelligence program, and the investiga- other applicable law.
tion program functions as are— (4) Specification of the proposed allocations within the
(a) transferred to the Under Secretary for Border Department of unexpended funds transferred in connection
and Transportation Security by Section 441 of the with transfers under the plan.
Act [6 U.S.C. 251] and delegated to the Assistant The table attached at Tab B [not set out in the Code]
Secretary by the Under Secretary for Border and provides updated estimates of the unobligated balances
Transportation Security; or as of September 30, 2002, for the agencies affected by
(b) otherwise vested in the Assistant Secretary by this modification that will be transferred to the De-
law. partment. Since October 1, 2002, these agencies have
2. Advise the Under Secretary for Border and Trans- been operating under continuing resolutions, and, as
portation Security with respect to any policy or oper- such, have been spending these balances to maintain
ation of the Bureau that may affect the Bureau of current operations. As additional information becomes
Citizenship and Immigration Services established available, it will be provided as may be required in ac-
under subtitle E of the Act [probably means subtitle cordance with the procedures under the Act for modi-
E of title IV of the Act, 6 U.S.C. 271 et seq.], including fication of this Plan or other applicable law.
potentially conflicting policies and operations. (5) Specification of any proposed disposition of property,
(b) Rename the ‘‘Customs Service’’ the ‘‘Bureau of Cus- facilities, contracts, records, and other assets and obliga-
toms and Border Protection.’’ This Bureau will be headed tions of agencies transferred under the plan.
by the Commissioner of Customs and will report to the There is no intention to dispose of property, facili-
Under Secretary for Border and Transportation Secu- ties, contracts, records, and other assets and obliga-
rity. tions of agencies transferred under this modification.
The Bureau will contain the resources and missions All such assets and obligations will transfer with each
relating to borders and ports of entry of the Customs agency pursuant to Section 1511(d)(1) of the Act [6
Service, the INS, including the Border Patrol and the U.S.C. 551(d)(1)].
inspections program, and the agricultural inspections (6) Specification of the proposed allocations within the
function of the Agricultural Quarantine Inspection Department of the functions of the agencies and subdivi-
program. sions that are not related directly to securing the home-
The Commissioner will: land.
1. Establish and oversee the administration of the The functions of the agencies affected by this modi-
policies for performing the Border Patrol and inspec- fication that are not directly related to securing the
tions program functions as are— homeland will continue to be performed by the bureaus
(a) transferred to the Under Secretary for Border formed by this planned reorganization.
and Transportation Security by Section 441 of the MESSAGE OF THE PRESIDENT
Act [6 U.S.C. 251] and delegated to the Commis-
sioner by the Under Secretary for Border and 39 Weekly Compilation of Presidential Documents
Transportation Security; or 136, Feb. 3, 2003; H. Doc. No. 108–32, provided:
THE WHITE HOUSE, Washington, January 30, 2003.
(b) otherwise vested in the Assistant Secretary
Dear Mr. Speaker: (Dear Mr. President:) 1
[probably should be ‘‘Commissioner’’] by law. Pursuant to section 1502 of the Homeland Security
2. Advise the Under Secretary for Border and Trans- Act of 2002 [6 U.S.C. 542] (Public Law 107–296) (the
portation Security with respect to any policy or oper- ‘‘Act’’), I submit herewith the enclosed Reorganization
ation of the Bureau that may affect the Bureau of Plan Modification for the Department of Homeland Se-
Citizenship and Immigration Services established curity (DHS), which represents a modification of cer-
under subtitle E of the Act [probably means subtitle tain aspects of the DHS Reorganization Plan [set out
E of title IV of the Act, 6 U.S.C. 271 et seq.], including above] I submitted to you on November 25, 2002. The
potentially conflicting policies and operations. modification involves organizational units within the
IMPLEMENTATION DATE DHS Border and Transportation Security Directorate.
The enclosed Reorganization Plan Modification pro-
March 1, 2003 vides information concerning the elements identified in
ELEMENTS REQUIRED BY THE ACT TO BE SUBMITTED section 1502(b), and is itself subject to modification
WITH MODIFIED PLAN pursuant to section 1502(d) of the Act. In accordance
with section 1502(a) of the Act, please transmit this Re-
(1) Identification of any functions of agencies transferred organization Plan Modification to the appropriate con-
to the Department pursuant to this Act that will not be gressional committees.
transferred to the Department under the plan. Sincerely,
None. GEORGE W. BUSH.
(2) Specification of the steps to be taken by the Secretary 1 Editorial note. This is the text of identical letters
to organize the Department, including the delegation or as-
addressed to the Speaker of the House of Representa-
signment of functions transferred to the Department among
tives and the President of the Senate.
officers of the Department in order to permit the Depart-
ment to carry out the functions transferred under the plan. § 543. Review of congressional committee struc-
See plan modifications above. tures
(3) Specification of the funds available to each agency
that will be transferred to the Department as a result of It is the sense of Congress that each House of
transfers under the plan. Congress should review its committee structure
The table attached at Tab A [not set out in the Code] in light of the reorganization of responsibilities
provides estimates of the funds available to the agen- within the executive branch by the establish-
cies affected by this modification that will be trans- ment of the Department.
ferred to the Department by operation of the Act. The
table includes total funding (mandatory and discre- (Pub. L. 107–296, title XV, § 1503, Nov. 25, 2002, 116
tionary including fees) and discretionary funding net of Stat. 2309.)
PART B—TRANSITIONAL PROVISIONS Trust Fund, Airport and Airway Trust Fund,
Inland Waterway Trust Fund, or Harbor Main-
§ 551. Transitional authorities tenance Trust Fund, may be transferred to,
(a) Provision of assistance by officials made available to, or obligated by the Sec-
retary or any other official in the Department.
Until the transfer of an agency to the Depart-
ment, any official having authority over or (2) Limitation
functions relating to the agency immediately This subsection shall not apply to security-
before the effective date of this chapter shall related funds provided to the Federal Aviation
provide to the Secretary such assistance, includ- Administration for fiscal years preceding fis-
ing the use of personnel and assets, as the Sec- cal year 2003 for (A) operations, (B) facilities
retary may request in preparing for the transfer and equipment, or (C) research, engineering,
and integration of the agency into the Depart- and development, and to any funds provided to
ment. the Coast Guard from the Sport Fish Restora-
(b) Services and personnel tion and Boating Trust Fund for boating safe-
During the transition period, upon the request ty programs.
of the Secretary, the head of any executive (Pub. L. 107–296, title XV, § 1511, Nov. 25, 2002, 116
agency may, on a reimbursable basis, provide Stat. 2309; Pub. L. 108–7, div. L, § 103(4), Feb. 20,
services or detail personnel to assist with the 2003, 117 Stat. 529; Pub. L. 109–59, title XI,
transition. § 11115(b)(2)(F), Aug. 10, 2005, 119 Stat. 1950.)
(c) Acting officials REFERENCES IN TEXT
(1) During the transition period, pending the The effective date of this chapter, referred to in sub-
advice and consent of the Senate to the appoint- secs. (a) and (c)(1), is 60 days after Nov. 25, 2002, see sec-
ment of an officer required by this chapter to be tion 4 of Pub. L. 107–296, set out as an Effective Date
appointed by and with such advice and consent, note under section 101 of this title.
the President may designate any officer whose
AMENDMENTS
appointment was required to be made by and
with such advice and consent and who was such 2005—Subsec. (e)(2). Pub. L. 109–59 substituted ‘‘Sport
an officer immediately before the effective date Fish Restoration and Boating Trust Fund’’ for ‘‘Aquat-
ic Resources Trust Fund of the Highway Trust Fund’’.
of this chapter (and who continues in office) or
2003—Subsec. (e)(2). Pub. L. 108–7 inserted before pe-
immediately before such designation, to act in riod at end ‘‘, and to any funds provided to the Coast
such office until the same is filled as provided in Guard from the Aquatic Resources Trust Fund of the
this chapter. While so acting, such officers shall Highway Trust Fund for boating safety programs’’.
receive compensation at the higher of—
(A) the rates provided by this chapter for the EFFECTIVE DATE OF 2005 AMENDMENT
respective offices in which they act; or Pub. L. 109–59, title XI, § 11115(d), Aug. 10, 2005, 119
(B) the rates provided for the offices held at Stat. 1950, provided that: ‘‘The amendments made by
the time of designation. this section [amending this section and sections 9503
and 9504 of Title 26, Internal Revenue Code] shall take
(2) Nothing in this chapter shall be understood effect on October 1, 2005.’’
to require the advice and consent of the Senate
to the appointment by the President to a posi- § 552. Savings provisions
tion in the Department of any officer whose (a) Completed administrative actions
agency is transferred to the Department pursu-
ant to this chapter and whose duties following (1) Completed administrative actions of an
such transfer are germane to those performed agency shall not be affected by the enactment of
before such transfer. this chapter or the transfer of such agency to
the Department, but shall continue in effect ac-
(d) Transfer of personnel, assets, obligations, and
cording to their terms until amended, modified,
functions
superseded, terminated, set aside, or revoked in
Upon the transfer of an agency to the Depart- accordance with law by an officer of the United
ment— States or a court of competent jurisdiction, or
(1) the personnel, assets, and obligations by operation of law.
held by or available in connection with the (2) For purposes of paragraph (1), the term
agency shall be transferred to the Secretary ‘‘completed administrative action’’ includes or-
for appropriate allocation, subject to the ap- ders, determinations, rules, regulations, per-
proval of the Director of the Office of Manage- sonnel actions, permits, agreements, grants,
ment and Budget and in accordance with the contracts, certificates, licenses, registrations,
provisions of section 1531(a)(2) of title 31; and and privileges.
(2) the Secretary shall have all functions re-
(b) Pending proceedings
lating to the agency that any other official
could by law exercise in relation to the agency Subject to the authority of the Secretary
immediately before such transfer, and shall under this chapter—
have in addition all functions vested in the (1) pending proceedings in an agency, includ-
Secretary by this chapter or other law. ing notices of proposed rulemaking, and appli-
(e) Prohibition on use of transportation trust cations for licenses, permits, certificates,
funds grants, and financial assistance, shall con-
tinue notwithstanding the enactment of this
(1) In general chapter or the transfer of the agency to the
Notwithstanding any other provision of this Department, unless discontinued or modified
chapter, no funds derived from the Highway under the same terms and conditions and to
§ 552a TITLE 6—DOMESTIC SECURITY Page 106
the same extent that such discontinuance section 4 of Pub. L. 107–296, set out as an Effective Date
could have occurred if such enactment or note under section 101 of this title.
transfer had not occurred; and
§ 552a. Savings provision of certain transfers
(2) orders issued in such proceedings, and ap-
made under the Homeland Security Act of
peals therefrom, and payments made pursuant
2002
to such orders, shall issue in the same manner
and on the same terms as if this chapter had The transfer of functions under subtitle B of
not been enacted or the agency had not been title XI of the Homeland Security Act of 2002
transferred, and any such orders shall con- (Public Law 107–296) [6 U.S.C. 531 et seq.] shall
tinue in effect until amended, modified, super- not affect any pending or completed administra-
seded, terminated, set aside, or revoked by an tive actions, including orders, determinations,
officer of the United States or a court of com- rules, regulations, personnel actions, permits,
petent jurisdiction, or by operation of law. agreements, grants, contracts, certificates, li-
(c) Pending civil actions censes, or registrations, in effect on the date im-
mediately prior to the date of such transfer, or
Subject to the authority of the Secretary
any proceeding, unless and until amended, modi-
under this chapter, pending civil actions shall
fied, superseded, terminated, set aside, or re-
continue notwithstanding the enactment of this
voked. Pending civil actions shall not be af-
chapter or the transfer of an agency to the De-
fected by such transfer of functions.
partment, and in such civil actions, proceedings
shall be had, appeals taken, and judgments ren- (Pub. L. 108–7, div. L, § 106, Feb. 20, 2003, 117 Stat.
dered and enforced in the same manner and with 531.)
the same effect as if such enactment or transfer
REFERENCES IN TEXT
had not occurred.
The Homeland Security Act of 2002, referred to in
(d) References
text, is Pub. L. 107–296, Nov. 25, 2002, 116 Stat. 2135, as
References relating to an agency that is trans- amended, which is classified principally to this chap-
ferred to the Department in statutes, Executive ter. Subtitle B of title XI of the Act is classified prin-
orders, rules, regulations, directives, or delega- cipally to part B (§ 531 et seq.) of subchapter XI of this
tions of authority that precede such transfer or chapter. For complete classification of this Act to the
Code, see Short Title note set out under section 101 of
the effective date of this chapter shall be
this title and Tables.
deemed to refer, as appropriate, to the Depart-
ment, to its officers, employees, or agents, or to CODIFICATION
its corresponding organizational units or func- Section was enacted as part of the Homeland Secu-
tions. Statutory reporting requirements that ap- rity Act Amendments of 2003 and also as part of the
plied in relation to such an agency immediately Consolidated Appropriations Resolution, 2003, and not
before the effective date of this chapter shall as part of the Homeland Security Act of 2002 which
continue to apply following such transfer if they comprises this chapter.
refer to the agency by name.
§ 553. Terminations
(e) Employment provisions
(1) Notwithstanding the generality of the fore- Except as otherwise provided in this chapter,
going (including subsections (a) and (d) of this whenever all the functions vested by law in any
section), in and for the Department the Sec- agency have been transferred pursuant to this
retary may, in regulations prescribed jointly chapter, each position and office the incumbent
with the Director of the Office of Personnel of which was authorized to receive compensa-
Management, adopt the rules, procedures, tion at the rates prescribed for an office or posi-
terms, and conditions, established by statute, tion at level II, III, IV, or V, of the Executive
rule, or regulation before the effective date of Schedule, shall terminate.
this chapter, relating to employment in any (Pub. L. 107–296, title XV, § 1513, Nov. 25, 2002, 116
agency transferred to the Department pursuant Stat. 2311.)
to this chapter; and
(2) except as otherwise provided in this chap- REFERENCES IN TEXT
ter, or under authority granted by this chapter, Levels II, III, IV, and V, of the Executive Schedule,
the transfer pursuant to this chapter of per- referred to in text, are set out in sections 5313, 5314,
sonnel shall not alter the terms and conditions 5315, and 5316, respectively, of Title 5, Government Or-
of employment, including compensation, of any ganization and Employees.
employee so transferred. § 554. National identification system not author-
(f) Statutory reporting requirements ized
Any statutory reporting requirement that ap- Nothing in this chapter shall be construed to
plied to an agency, transferred to the Depart- authorize the development of a national identi-
ment under this chapter, immediately before the fication system or card.
effective date of this chapter shall continue to
apply following that transfer if the statutory re- (Pub. L. 107–296, title XV, § 1514, Nov. 25, 2002, 116
quirement refers to the agency by name. Stat. 2311.)
(Pub. L. 107–296, title XV, § 1512, Nov. 25, 2002, 116 § 555. Continuity of Inspector General oversight
Stat. 2310.)
Notwithstanding the transfer of an agency to
REFERENCES IN TEXT the Department pursuant to this chapter, the
The effective date of this chapter, referred to in sub- Inspector General that exercised oversight of
secs. (d), (e)(1), and (f), is 60 days after Nov. 25, 2002, see such agency prior to such transfer shall con-
tinue to exercise oversight of such agency dur- § 557. Reference

ing the period of time, if any, between the trans-
fer of such agency to the Department pursuant With respect to any function transferred by or
to this chapter and the appointment of the In- under this chapter (including under a reorga-
spector General of the Department of Homeland nization plan that becomes effective under sec-
Security in accordance with section 113(b) of tion 542 of this title) and exercised on or after
this title. the effective date of this chapter, reference in
(Pub. L. 107–296, title XV, § 1515, Nov. 25, 2002, 116 any other Federal law to any department, com-
Stat. 2311.) mission, or agency or any officer or office the
functions of which are so transferred shall be
§ 556. Incidental transfers deemed to refer to the Secretary, other official,
The Director of the Office of Management and or component of the Department to which such
Budget, in consultation with the Secretary, is function is so transferred.
authorized and directed to make such additional
incidental dispositions of personnel, assets, and (Pub. L. 107–296, title XV, § 1517, Nov. 25, 2002, 116
liabilities held, used, arising from, available, or Stat. 2311.)
to be made available, in connection with the
functions transferred by this chapter, as the Di- REFERENCES IN TEXT
rector may determine necessary to accomplish
the purposes of this chapter. The effective date of this chapter, referred to in text,
is 60 days after Nov. 25, 2002, see section 4 of Pub. L.
(Pub. L. 107–296, title XV, § 1516, Nov. 25, 2002, 116 107–296, set out as an Effective Date note under section
Stat. 2311.) 101 of this title.

TITLE 6 - HOMELAND SECURITY and DOMESTIC SECURITY

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TITLE 6 - HOMELAND SECURITY and DOMESTIC SECURITY

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TITLE 6—DOMESTIC SECURITY

Chap. Sec. lieu of recognizance, stipulation, bond, guarantee, or

PART C—MISCELLANEOUS PROVISIONS PART E—CITIZENSHIP AND IMMIGRATION SERVICES

‘‘SEC. 605. POWERS OF COMMISSION. ‘‘(1) GENERAL SERVICES ADMINISTRATION.—The Ad-

(6) To recommend measures necessary to (13) To request additional information from

after ‘‘50’’. 1 See References in Text note below.

(2) Covered Federal agency (6) Protected system

§ 133. Protection of voluntarily shared critical in- (2) Express statement

(D) the protection and maintenance of the AMENDMENTS

nuclear, and other emerging terrorist threats, § 183. Functions transferred

(c) Intramural programs ment of Energy national laboratories and sites

(b) Membership the matter being considered by the Advisory

(d) Eligibility § 192. Homeland Security Institute

REFERENCES IN TEXT tinue to submit to the Committee on Ways and

CODIFICATION (b) Report to Congress

Secretary of Agriculture, the Secretary of (B) Section 204(d)(2) of the Immigration

REFERENCES IN TEXT (ii) work in at least one field office and

(c) Consultation gration and Naturalization Service relating to

(f) Effect on employment levels in section 7702(a)(1)(B) of title 5, there is no judi-

Under the demonstration project— Committee on Governmental Affairs of Senate

§ 313. Functions transferred (a) In general

§ 316. Definition Management Agency shall revise the Federal

(b) Special reserve fund CHANGE OF NAME

(D) The investigations program. Security Program of the Department, as

CHANGE OF NAME § 343. Chief Information Officer

(iii) coordinating with users of ‘‘(3) Geospatial information preparedness in the

(3) Review (b)(2) and (b)(3) of this section to monitor the

(2) Omitted Section is comprised of section 833 of Pub. L. 107–296.

persede, or otherwise affect the provisions of REFERENCES IN TEXT

Nothing in section 9701(e) of title 5 shall be PART F—FEDERAL EMERGENCY PROCUREMENT

tomers (‘‘Seller’’) shall obtain liability insur- § 444. Definitions

is not an agency or instrumentality of the congressional committees, which shall include

enhancement of domestic preparedness against (1) to provide equal employment protection

REFERENCES IN TEXT PRIOR PROVISIONS

(2) Public health emergency (d) Certain transfers prohibited

otherwise protected after the determinations (f) Definitions

(B) Omitted (2) Limitation on statutory construction

and Response of the assessment, detection, and cooperation pro-

tinue to exercise oversight of such agency dur- § 557. Reference

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