-CITE- 6 USC CHAPTER 1 - HOMELAND SECURITY ORGANIZATION 01/07/2011 -EXPCITE- TITLE 6 - DOMESTIC SECURITY CHAPTER 1 - HOMELAND SECURITY ORGANIZATION -HEAD- CHAPTER 1 - HOMELAND SECURITY ORGANIZATION -MISC1- Sec. 101. Definitions. 102. Construction; severability. 103. Use of appropriated funds. SUBCHAPTER I - DEPARTMENT OF HOMELAND SECURITY 111. Executive department; mission. 112. Secretary; functions. 113. Other officers. 114. Sensitive Security Information. 115. Trade and customs revenue functions of the Department. SUBCHAPTER II - INFORMATION ANALYSIS AND INFRASTRUCTURE PROTECTION PART A - INFORMATION AND ANALYSIS AND INFRASTRUCTURE PROTECTION; ACCESS TO INFORMATION 121. Information and Analysis and Infrastructure Protection. 122. Access to information. 123. Terrorist travel program. 124. Homeland Security Advisory System. 124a. Homeland security information sharing. 124b. Comprehensive information technology network architecture. 124c. Coordination with information sharing environment. 124d. Intelligence components. 124e. Training for employees of intelligence components. 124f. Intelligence training development for State and local government officials. 124g. Information sharing incentives. 124h. Department of Homeland Security State, Local, and Regional Fusion Center Initiative. 124i. Homeland Security Information Sharing Fellows Program. 124j. Rural Policing Institute. 124k. Interagency Threat Assessment and Coordination Group. 124l. National asset database. 124m. Classified Information Advisory Officer. PART B - CRITICAL INFRASTRUCTURE INFORMATION 131. Definitions. 132. Designation of critical infrastructure protection program. 133. Protection of voluntarily shared critical infrastructure information. 134. No private right of action. PART C - INFORMATION SECURITY 141. Procedures for sharing information. 142. Privacy officer. 143. Enhancement of non-Federal cybersecurity. 144. NET Guard. 145. Cyber Security Enhancement Act of 2002. PART D - OFFICE OF SCIENCE AND TECHNOLOGY 161. Establishment of Office; Director. 162. Mission of Office; duties. 163. Definition of law enforcement technology. 164. Abolishment of Office of Science and Technology of National Institute of Justice; transfer of functions. 165. National Law Enforcement and Corrections Technology Centers. SUBCHAPTER III - SCIENCE AND TECHNOLOGY IN SUPPORT OF HOMELAND SECURITY 181. Under Secretary for Science and Technology. 182. Responsibilities and authorities of the Under Secretary for Science and Technology. 183. Functions transferred. 184. Conduct of certain public health-related activities. 185. Federally funded research and development centers. 186. Miscellaneous provisions. 187. Homeland Security Advanced Research Projects Agency. 188. Conduct of research, development, demonstration, testing and evaluation. 189. Utilization of Department of Energy national laboratories and sites in support of homeland security activities. 190. Transfer of Plum Island Animal Disease Center, Department of Agriculture. 191. Homeland Security Science and Technology Advisory Committee. 192. Homeland Security Institute. 193. Technology clearinghouse to encourage and support innovative solutions to enhance homeland security. 194. Enhancement of public safety communications interoperability. 195. Office for Interoperability and Compatibility. 195a. Emergency communications interoperability research and development. 195b. National Biosurveillance Integration Center. 195c. Promoting antiterrorism through international cooperation program. SUBCHAPTER IV - DIRECTORATE OF BORDER AND TRANSPORTATION SECURITY PART A - UNDER SECRETARY FOR BORDER AND TRANSPORTATION SECURITY 201. Under Secretary for Border and Transportation Security. 202. Responsibilities. 203. Functions transferred. PART B - UNITED STATES CUSTOMS SERVICE 211. Establishment; Commissioner of Customs. 212. Retention of Customs revenue functions by Secretary of the Treasury. 213. Preservation of Customs funds. 214. Separate budget request for Customs. 215. Definition. 216. GAO report to Congress. 217. Allocation of resources by the Secretary. 218. Reports to Congress. 220. Methamphetamine and methamphetamine precursor chemicals. 221. Requirements with respect to administering polygraph examinations to law enforcement personnel of U.S. Customs and Border Protection. PART C - MISCELLANEOUS PROVISIONS 231. Transfer of certain agricultural inspection functions of the Department of Agriculture. 232. Functions of Administrator of General Services. 233. Functions of Transportation Security Administration. 234. Preservation of Transportation Security Administration as a distinct entity. 235. Coordination of information and information technology. 236. Visa issuance. 237. Information on visa denials required to be entered into electronic data system. 238. Office for Domestic Preparedness. 239. Office of Cargo Security Policy. PART D - IMMIGRATION ENFORCEMENT FUNCTIONS 251. Transfer of functions to Under Secretary for Border and Transportation Security. 252. Establishment of Bureau of Border Security. 253. Professional responsibility and quality review. 254. Employee discipline. 255. Report on improving enforcement functions. 256. Sense of Congress regarding construction of fencing near San Diego, California. PART E - CITIZENSHIP AND IMMIGRATION SERVICES 271. Establishment of Bureau of Citizenship and Immigration Services. 272. Citizenship and Immigration Services Ombudsman. 273. Professional responsibility and quality review. 274. Employee discipline. 275. Transition. 276. Report on improving immigration services. 277. Report on responding to fluctuating needs. 278. Application of Internet-based technologies. 279. Children's affairs. PART F - GENERAL IMMIGRATION PROVISIONS 291. Abolishment of INS. 292. Voluntary separation incentive payments. 293. Authority to conduct a demonstration project relating to disciplinary action. 294. Sense of Congress. 295. Director of Shared Services. 296. Separation of funding. 297. Reports and implementation plans. 298. Immigration functions. SUBCHAPTER V - NATIONAL EMERGENCY MANAGEMENT 311. Definitions. 312. Definition. 313. Federal Emergency Management Agency. 314. Authority and responsibilities. 314a. FEMA programs. 315. Functions transferred. 316. Preserving the Federal Emergency Management Agency. 317. Regional offices. 318. National Advisory Council. 319. National Integration Center. 320. Credentialing and typing. 321. The National Infrastructure Simulation and Analysis Center. 321a. Evacuation plans and exercises. 321b. Disability Coordinator. 321c. Department and Agency officials. 321d. National Operations Center. 321e. Chief Medical Officer. 321f. Nuclear incident response. 321g. Conduct of certain public health-related activities. 321h. Use of national private sector networks in emergency response. 321i. Use of commercially available technology, goods, and services. 321j. Procurement of security countermeasures for Strategic National Stockpile. 321k. Model standards and guidelines for critical infrastructure workers. 321l. Guidance and recommendations. 321m. Voluntary private sector preparedness accreditation and certification program. 321n. Acceptance of gifts. SUBCHAPTER VI - TREATMENT OF CHARITABLE TRUSTS FOR MEMBERS OF THE ARMED FORCES OF THE UNITED STATES AND OTHER GOVERNMENTAL ORGANIZATIONS 331. Treatment of charitable trusts for members of the Armed Forces of the United States and other governmental organizations. SUBCHAPTER VII - MANAGEMENT 341. Under Secretary for Management. 342. Chief Financial Officer. 343. Chief Information Officer. 344. Chief Human Capital Officer. 345. Establishment of Officer for Civil Rights and Civil Liberties. 346. Consolidation and co-location of offices. 347. Quadrennial homeland security review. SUBCHAPTER VIII - COORDINATION WITH NON-FEDERAL ENTITIES; INSPECTOR GENERAL; UNITED STATES SECRET SERVICE; COAST GUARD; GENERAL PROVISIONS PART A - COORDINATION WITH NON-FEDERAL ENTITIES 361. Office for State and Local Government Coordination. PART B - INSPECTOR GENERAL 371. Repealed. PART C - UNITED STATES SECRET SERVICE 381. Functions transferred. PART D - ACQUISITIONS 391. Research and development projects. 392. Personal services. 393. Special streamlined acquisition authority. 394. Unsolicited proposals. 395. Prohibition on contracts with corporate expatriates. 396. Lead system integrator; financial interests. PART E - HUMAN RESOURCES MANAGEMENT 411. Establishment of human resources management system. 412. Labor-management relations. 413. Use of counternarcotics enforcement activities in certain employee performance appraisals. 414. Homeland Security Rotation Program. 415. Homeland Security Education Program. PART F - FEDERAL EMERGENCY PROCUREMENT FLEXIBILITY 421. Definition. 422. Procurements for defense against or recovery from terrorism or nuclear, biological, chemical, or radiological attack. 423. Increased simplified acquisition threshold for procurements in support of humanitarian or peacekeeping operations or contingency operations. 424. Increased micro-purchase threshold for certain procurements. 425. Application of certain commercial items authorities to certain procurements. 426. Use of streamlined procedures. 427. Review and report by Comptroller General. 428. Identification of new entrants into the Federal marketplace. PART G - SUPPORT ANTI-TERRORISM BY FOSTERING EFFECTIVE TECHNOLOGIES 441. Administration. 442. Litigation management. 443. Risk management. 444. Definitions. PART H - MISCELLANEOUS PROVISIONS 451. Advisory committees. 452. Reorganization. 453. Use of appropriated funds. 453a. Additional uses of appropriated funds. 453b. Requirement to buy certain items related to national security interests from American sources; exceptions. 454. Future Years Homeland Security Program. 455. Miscellaneous authorities. 456. Military activities. 457. Regulatory authority and preemption. 458. Office of Counternarcotics Enforcement. 459. Office of International Affairs. 460. Prohibition of the Terrorism Information and Prevention System. 461. Review of pay and benefit plans. 462. Office of National Capital Region Coordination. 463. Requirement to comply with laws protecting equal employment opportunity and providing whistleblower protections. 464. Federal Law Enforcement Training Center. 464a. Repealed. 464b. Staffing accreditation function. 464c. Student housing. 464d. Additional funds for training. 464e. Short-term medical services for students. 465. Joint Interagency Task Force. 466. Sense of Congress reaffirming the continued importance and applicability of the Posse Comitatus Act. 467. Coordination with the Department of Health and Human Services under the Public Health Service Act. 468. Preserving Coast Guard mission performance. 469. Fees for credentialing and background investigations in transportation. 469a. Collection of fees from non-Federal participants in meetings. 470. Disclosures regarding homeland security grants. PART I - INFORMATION SHARING 481. Short title; findings; and sense of Congress. 482. Facilitating homeland security information sharing procedures. 483. Report. 484. Authorization of appropriations. 485. Information sharing. 486. Limitation of liability. PART J - SECURE HANDLING OF AMMONIUM NITRATE 488. Definitions. 488a. Regulation of the sale and transfer of ammonium nitrate. 488b. Inspection and auditing of records. 488c. Administrative provisions. 488d. Theft reporting requirement. 488e. Prohibitions and penalty. 488f. Protection from civil liability. 488g. Preemption of other laws. 488h. Deadlines for regulations. 488i. Authorization of appropriations. SUBCHAPTER IX - NATIONAL HOMELAND SECURITY COUNCIL 491. National Homeland Security Council. 492. Function. 493. Membership. 494. Other functions and activities. 495. Staff composition. 496. Relation to the National Security Council. SUBCHAPTER X - CONSTRUCTION 511. Information security responsibilities of certain agencies. 512. Construction. 513. Federal air marshal program. SUBCHAPTER XI - DEPARTMENT OF JUSTICE DIVISIONS PART A - EXECUTIVE OFFICE FOR IMMIGRATION REVIEW 521. Legal status of EOIR. 522. Statutory construction. PART B - TRANSFER OF THE BUREAU OF ALCOHOL, TOBACCO AND FIREARMS TO THE DEPARTMENT OF JUSTICE 531. Bureau of Alcohol, Tobacco, Firearms, and Explosives. 532. Explosives Training and Research Facility. 533. Transferred. SUBCHAPTER XII - TRANSITION PART A - REORGANIZATION PLAN 541. Definitions. 542. Reorganization plan. 543. Review of congressional committee structures. PART B - TRANSITIONAL PROVISIONS 551. Transitional authorities. 552. Savings provisions. 552a. Savings provision of certain transfers made under the Homeland Security Act of 2002. 553. Terminations. 554. National identification system not authorized. 555. Continuity of Inspector General oversight. 556. Incidental transfers. 557. Reference. SUBCHAPTER XIII - EMERGENCY COMMUNICATIONS 571. Office of Emergency Communications. 572. National Emergency Communications Plan. 573. Assessments and reports. 574. Coordination of Department emergency communications grant programs. 575. Regional emergency communications coordination. 576. Emergency Communications Preparedness Center. 577. Urban and other high risk area communications capabilities. 578. Definition. 579. Interoperable Emergency Communications Grant Program. 580. Border interoperability demonstration project. SUBCHAPTER XIV - DOMESTIC NUCLEAR DETECTION OFFICE 591. Domestic Nuclear Detection Office. 592. Mission of Office. 592a. Technology research and development investment strategy for nuclear and radiological detection. 593. Hiring authority. 594. Testing authority. 595. Relationship to other Department entities and Federal agencies. 596. Contracting and grant making authorities. 596a. Joint annual interagency review of global nuclear detection architecture. SUBCHAPTER XV - HOMELAND SECURITY GRANTS 601. Definitions. PART A - GRANTS TO STATES AND HIGH-RISK URBAN AREAS 603. Homeland security grant programs. 604. Urban Area Security Initiative. 605. State Homeland Security Grant Program. 606. Grants to directly eligible tribes. 607. Terrorism prevention. 608. Prioritization. 609. Use of funds. PART B - GRANTS ADMINISTRATION 611. Administration and coordination. 612. Accountability. 613. Identification of reporting redundancies and development of performance metrics. -End- -CITE- 6 USC Sec. 101 01/07/2011 -EXPCITE- TITLE 6 - DOMESTIC SECURITY CHAPTER 1 - HOMELAND SECURITY ORGANIZATION -HEAD- Sec. 101. Definitions -STATUTE- In this chapter, the following definitions apply: (1) Each of the terms "American homeland" and "homeland" means the United States. (2) The term "appropriate congressional committee" means any committee of the House of Representatives or the Senate having legislative or oversight jurisdiction under the Rules of the House of Representatives or the Senate, respectively, over the matter concerned. (3) The term "assets" includes contracts, facilities, property, records, unobligated or unexpended balances of appropriations, and other funds or resources (other than personnel). (4) The term "critical infrastructure" has the meaning given that term in section 5195c(e) of title 42. (5) The term "Department" means the Department of Homeland Security. (6) The term "emergency response providers" includes Federal, State, and local governmental and nongovernmental emergency public safety, fire, law enforcement, emergency response, emergency medical (including hospital emergency facilities), and related personnel, agencies, and authorities. (7) The term "executive agency" means an executive agency and a military department, as defined, respectively, in sections 105 and 102 of title 5. (8) The term "functions" includes authorities, powers, rights, privileges, immunities, programs, projects, activities, duties, and responsibilities. (9) The term "intelligence component of the Department" means any element or entity of the Department that collects, gathers, processes, analyzes, produces, or disseminates intelligence information within the scope of the information sharing environment, including homeland security information, terrorism information, and weapons of mass destruction information, or national intelligence, as defined under section 401a(5) of title 50, except - (A) the United States Secret Service; and (B) the Coast Guard, when operating under the direct authority of the Secretary of Defense or Secretary of the Navy pursuant to section 3 of title 14, except that nothing in this paragraph shall affect or diminish the authority and responsibilities of the Commandant of the Coast Guard to command or control the Coast Guard as an armed force or the authority of the Director of National Intelligence with respect to the Coast Guard as an element of the intelligence community (as defined under section 401a(4) of title 50.(!1) (10) The term "key resources" means publicly or privately controlled resources essential to the minimal operations of the economy and government. (11) The term "local government" means - (A) a county, municipality, city, town, township, local public authority, school district, special district, intrastate district, council of governments (regardless of whether the council of governments is incorporated as a nonprofit corporation under State law), regional or interstate government entity, or agency or instrumentality of a local government; (B) an Indian tribe or authorized tribal organization, or in Alaska a Native village or Alaska Regional Native Corporation; and (C) a rural community, unincorporated town or village, or other public entity. (12) The term "major disaster" has the meaning given in section 5122(2) of title 42. (13) The term "personnel" means officers and employees. (14) The term "Secretary" means the Secretary of Homeland Security. (15) The term "State" means any State of the United States, the District of Columbia, the Commonwealth of Puerto Rico, the Virgin Islands, Guam, American Samoa, the Commonwealth of the Northern Mariana Islands, and any possession of the United States. (16) The term "terrorism" means any activity that - (A) involves an act that - (i) is dangerous to human life or potentially destructive of critical infrastructure or key resources; and (ii) is a violation of the criminal laws of the United States or of any State or other subdivision of the United States; and (B) appears to be intended - (i) to intimidate or coerce a civilian population; (ii) to influence the policy of a government by intimidation or coercion; or (iii) to affect the conduct of a government by mass destruction, assassination, or kidnapping. (17)(A) The term "United States", when used in a geographic sense, means any State of the United States, the District of Columbia, the Commonwealth of Puerto Rico, the Virgin Islands, Guam, American Samoa, the Commonwealth of the Northern Mariana Islands, any possession of the United States, and any waters within the jurisdiction of the United States. (B) Nothing in this paragraph or any other provision of this chapter shall be construed to modify the definition of "United States" for the purposes of the Immigration and Nationality Act [8 U.S.C. 1101 et seq.] or any other immigration or nationality law. (18) The term "voluntary preparedness standards" means a common set of criteria for preparedness, disaster management, emergency management, and business continuity programs, such as the American National Standards Institute's National Fire Protection Association Standard on Disaster/Emergency Management and Business Continuity Programs (ANSI/NFPA 1600). -SOURCE- (Pub. L. 107-296, Sec. 2, Nov. 25, 2002, 116 Stat. 2140; Pub. L. 109-295, title VI, Sec. 612(d), Oct. 4, 2006, 120 Stat. 1410; Pub. L. 109-347, title VI, Sec. 613, Oct. 13, 2006, 120 Stat. 1943; Pub. L. 110-53, title V, Sec. 502(a), title IX, Sec. 901(d), Aug. 3, 2007, 121 Stat. 310, 371.) -REFTEXT- REFERENCES IN TEXT This chapter, referred to in text, was in the original "this Act", meaning Pub. L. 107-296, Nov. 25, 2002, 116 Stat. 2135, known as the Homeland Security Act of 2002, which is classified principally to this chapter. For complete classification of this Act to the Code, see Short Title note set out below and Tables. The Immigration and Nationality Act, referred to in par. (17)(B), is act June 27, 1952, ch. 477, 66 Stat. 163, as amended, which is classified principally to chapter 12 (Sec. 1101 et seq.) of Title 8, Aliens and Nationality. For complete classification of this Act to the Code, see Short Title note set out under section 1101 of Title 8 and Tables. -MISC1- AMENDMENTS 2007 - Pars. (9) to (17). Pub. L. 110-53, Sec. 502(a), added par. (9) and redesignated former pars. (9) to (16) as (10) to (17), respectively. Par. (18). Pub. L. 110-53, Sec. 901(d), added par. (18). 2006 - Par. (6). Pub. L. 109-347 inserted "governmental and nongovernmental" after "local". Pub. L. 109-295 inserted "fire," after "safety,". EFFECTIVE DATE Pub. L. 107-296, Sec. 4, Nov. 25, 2002, 116 Stat. 2142, provided that: "This Act [see Tables for classification] shall take effect 60 days after the date of enactment [Nov. 25, 2002]." SHORT TITLE OF 2010 AMENDMENT Pub. L. 111-376, Sec. 1, Jan. 4, 2011, 124 Stat. 4104, provided that: "This Act [enacting section 221 of this title and provisions set out as a note under section 221 of this title] may be cited as the 'Anti-Border Corruption Act of 2010'." Pub. L. 111-271, Sec. 1, Oct. 12, 2010, 124 Stat. 2852, provided that: "This Act [enacting section 613 of this title] may be cited as the 'Redundancy Elimination and Enhanced Performance for Preparedness Grants Act'." Pub. L. 111-258, Sec. 1, Oct. 7, 2010, 124 Stat. 2648, provided that: "This Act [enacting section 124m of this title and section 435d of Title 50, War and National Defense, amending sections 121 and 124k of this title and section 403-1 of Title 50, and enacting provisions set out as notes under section 124m of this title and sections 435 and 435d of Title 50] may be cited as the 'Reducing Over-Classification Act'." Pub. L. 111-245, Sec. 1, Sept. 30, 2010, 124 Stat. 2620, provided that: "This Act [enacting section 321n of this title, amending sections 453 and 464 of this title, and repealing section 464a of this title] may be cited as the 'First Responder Anti-Terrorism Training Resources Act'." Pub. L. 111-140, Sec. 1, Feb. 16, 2010, 124 Stat. 31, provided that: "This Act [amending sections 592 and 596a of this title and enacting provisions set out as a note under section 592 of this title] may be cited as the 'Nuclear Forensics and Attribution Act'." SHORT TITLE OF 2008 AMENDMENT Pub. L. 110-412, Sec. 1, Oct. 14, 2008, 122 Stat. 4336, provided that: "This Act [amending section 609 of this title] may be cited as the 'Personnel Reimbursement for Intelligence Cooperation and Enhancement of Homeland Security Act of 2008' or the 'PRICE of Homeland Security Act'." SHORT TITLE OF 2007 AMENDMENT Pub. L. 110-53, Sec. 1(a), Aug. 3, 2007, 121 Stat. 266, provided that: "This Act [see Tables for classification] may be cited as the 'Implementing Recommendations of the 9/11 Commission Act of 2007'." SHORT TITLE OF 2006 AMENDMENT Pub. L. 109-295, title VI, Sec. 671(a), Oct. 4, 2006, 120 Stat. 1433, provided that: "This section [enacting subchapter XIII of this chapter] may be cited as the '21st Century Emergency Communications Act of 2006'." SHORT TITLE OF 2004 AMENDMENTS Pub. L. 108-458, title VII, Sec. 7001, Dec. 17, 2004, 118 Stat. 3775, provided that: "This title [see Tables for classification] may be cited as the '9/11 Commission Implementation Act of 2004'." Pub. L. 108-458, title VIII, Sec. 8301, Dec. 17, 2004, 118 Stat. 3867, provided that: "This subtitle [subtitle C (Secs. 8301-8306) of title VIII of Pub. L. 108-458, amending sections 111, 142, and 345 of this title and section 8I of the Inspector General Act of 1978, Pub. L. 95-452, set out in the Appendix to Title 5, Government Organization and Employees, and enacting provisions set out as a note under section 112 of this title] may be cited as the 'Homeland Security Civil Rights and Civil Liberties Protection Act of 2004'." Pub. L. 108-330, Sec. 1, Oct. 16, 2004, 118 Stat. 1275, provided that: "This Act [amending sections 113, 342, and 454 of this title and sections 901 and 3516 of Title 31, Money and Finance, and enacting provisions set out as notes under section 342 of this title and sections 901 and 3516 of Title 31] may be cited as 'Department of Homeland Security Financial Accountability Act'." SHORT TITLE OF 2003 AMENDMENT Pub. L. 108-7, div. L, Feb. 20, 2003, 117 Stat. 532, provided in part that: "This division [enacting sections 103 and 552a of this title and section 8I of the Inspector General Act of 1978, Pub. L. 95-452, set out in the Appendix to Title 5, Government Organization and Employees, amending sections 113, 162, 164, 188, 395, 453, and 551 of this title, section 8D of the Inspector General Act of 1978, sections 1103 and 1356 of Title 8, Aliens and Nationality, and section 300aa-33 of Title 42, The Public Health and Welfare, redesignating section 8I of the Inspector General Act of 1978 as section 8J, repealing section 371 of this title and former section 8J of the Inspector General Act of 1978, enacting provisions set out as notes under section 521 of this title, section 1356 of Title 8, and section 300aa-33 of Title 42, and repealing provisions set out as a note under section 300aa-33 of Title 42] may be cited as the 'Homeland Security Act Amendments of 2003'." SHORT TITLE Pub. L. 107-296, Sec. 1(a), Nov. 25, 2002, 116 Stat. 2135, provided that: "This Act [see Tables for classification] may be cited as the 'Homeland Security Act of 2002'." Pub. L. 107-296, title II, Sec. 211, Nov. 25, 2002, 116 Stat. 2150, provided that: "This subtitle [subtitle B (Secs. 211-215) of title II of Pub. L. 107-296, enacting part B of subchapter II of this chapter] may be cited as the 'Critical Infrastructure Information Act of 2002'." Pub. L. 107-296, title VIII, Sec. 861, Nov. 25, 2002, 116 Stat. 2238, provided that: "This subtitle [subtitle G (Secs. 861-865) of title VIII of Pub. L. 107-296, enacting part G of subchapter VIII of this chapter] may be cited as the 'Support Anti-terrorism by Fostering Effective Technologies Act of 2002' or the 'SAFETY Act'." For short title of part I of subchapter VIII of this chapter as the "Homeland Security Information Sharing Act", see section 481(a) of this title. Pub. L. 107-296, title X, Sec. 1001(a), Nov. 25, 2002, 116 Stat. 2259, provided that: "This title [enacting subchapter X of this chapter and sections 3531 to 3537 and 3538 of Title 44, Public Printing and Documents, amending section 2224 of Title 10, Armed Forces, sections 278g-3 and 278g-4 of Title 15, Commerce and Trade, section 11331 of Title 40, Public Buildings, Property, and Works, and sections 3504 to 3506 of Title 44, and repealing section 11332 of Title 40 and provisions set out as notes under section 3531 of Title 44] may be cited as the 'Federal Information Security Management Act of 2002'." [For another Federal Information Security Management Act of 2002, see section 301(a) of Pub. L. 107-347, title III, Dec. 17, 2002, 116 Stat. 2946, set out as a note under section 101 of Title 44, Public Printing and Documents.] NATIONAL COMMISSION ON TERRORIST ATTACKS UPON THE UNITED STATES Pub. L. 107-306, title VI, Nov. 27, 2002, 116 Stat. 2408, as amended by Pub. L. 108-207, Sec. 1, Mar. 16, 2004, 118 Stat. 556, provided that: "SEC. 601. ESTABLISHMENT OF COMMISSION. "There is established in the legislative branch the National Commission on Terrorist Attacks Upon the United States (in this title referred to as the 'Commission'). "SEC. 602. PURPOSES. "The purposes of the Commission are to - "(1) examine and report upon the facts and causes relating to the terrorist attacks of September 11, 2001, occurring at the World Trade Center in New York, New York, in Somerset County, Pennsylvania, and at the Pentagon in Virginia; "(2) ascertain, evaluate, and report on the evidence developed by all relevant governmental agencies regarding the facts and circumstances surrounding the attacks; "(3) build upon the investigations of other entities, and avoid unnecessary duplication, by reviewing the findings, conclusions, and recommendations of - "(A) the Joint Inquiry of the Select Committee on Intelligence of the Senate and the Permanent Select Committee on Intelligence of the House of Representatives regarding the terrorist attacks of September 11, 2001, (hereinafter in this title referred to as the 'Joint Inquiry'); and "(B) other executive branch, congressional, or independent commission investigations into the terrorist attacks of September 11, 2001, other terrorist attacks, and terrorism generally; "(4) make a full and complete accounting of the circumstances surrounding the attacks, and the extent of the United States' preparedness for, and immediate response to, the attacks; and "(5) investigate and report to the President and Congress on its findings, conclusions, and recommendations for corrective measures that can be taken to prevent acts of terrorism. "SEC. 603. COMPOSITION OF COMMISSION. "(a) Members. - The Commission shall be composed of 10 members, of whom - "(1) 1 member shall be appointed by the President, who shall serve as chairman of the Commission; "(2) 1 member shall be appointed by the leader of the Senate (majority or minority leader, as the case may be) of the Democratic Party, in consultation with the leader of the House of Representatives (majority or minority leader, as the case may be) of the Democratic Party, who shall serve as vice chairman of the Commission; "(3) 2 members shall be appointed by the senior member of the Senate leadership of the Democratic Party; "(4) 2 members shall be appointed by the senior member of the leadership of the House of Representatives of the Republican Party; "(5) 2 members shall be appointed by the senior member of the Senate leadership of the Republican Party; and "(6) 2 members shall be appointed by the senior member of the leadership of the House of Representatives of the Democratic Party. "(b) Qualifications; Initial Meeting. - "(1) Political party affiliation. - Not more than 5 members of the Commission shall be from the same political party. "(2) Nongovernmental appointees. - An individual appointed to the Commission may not be an officer or employee of the Federal Government or any State or local government. "(3) Other qualifications. - It is the sense of Congress that individuals appointed to the Commission should be prominent United States citizens, with national recognition and significant depth of experience in such professions as governmental service, law enforcement, the armed services, law, public administration, intelligence gathering, commerce (including aviation matters), and foreign affairs. "(4) Deadline for appointment. - All members of the Commission shall be appointed on or before December 15, 2002. "(5) Initial meeting. - The Commission shall meet and begin the operations of the Commission as soon as practicable. "(c) Quorum; Vacancies. - After its initial meeting, the Commission shall meet upon the call of the chairman or a majority of its members. Six members of the Commission shall constitute a quorum. Any vacancy in the Commission shall not affect its powers, but shall be filled in the same manner in which the original appointment was made. "SEC. 604. FUNCTIONS OF COMMISSION. "(a) In General. - The functions of the Commission are to - "(1) conduct an investigation that - "(A) investigates relevant facts and circumstances relating to the terrorist attacks of September 11, 2001, including any relevant legislation, Executive order, regulation, plan, policy, practice, or procedure; and "(B) may include relevant facts and circumstances relating to - "(i) intelligence agencies; "(ii) law enforcement agencies; "(iii) diplomacy; "(iv) immigration, nonimmigrant visas, and border control; "(v) the flow of assets to terrorist organizations; "(vi) commercial aviation; "(vii) the role of congressional oversight and resource allocation; and "(viii) other areas of the public and private sectors determined relevant by the Commission for its inquiry; "(2) identify, review, and evaluate the lessons learned from the terrorist attacks of September 11, 2001, regarding the structure, coordination, management policies, and procedures of the Federal Government, and, if appropriate, State and local governments and nongovernmental entities, relative to detecting, preventing, and responding to such terrorist attacks; and "(3) submit to the President and Congress such reports as are required by this title containing such findings, conclusions, and recommendations as the Commission shall determine, including proposing organization, coordination, planning, management arrangements, procedures, rules, and regulations. "(b) Relationship to Intelligence Committees' Inquiry. - When investigating facts and circumstances relating to the intelligence community, the Commission shall - "(1) first review the information compiled by, and the findings, conclusions, and recommendations of, the Joint Inquiry; and "(2) after that review pursue any appropriate area of inquiry if the Commission determines that - "(A) the Joint Inquiry had not investigated that area; "(B) the Joint Inquiry's investigation of that area had not been complete; or "(C) new information not reviewed by the Joint Inquiry had become available with respect to that area. "SEC. 605. POWERS OF COMMISSION. "(a) In General. - "(1) Hearings and evidence. - The Commission or, on the authority of the Commission, any subcommittee or member thereof, may, for the purpose of carrying out this title - "(A) hold such hearings and sit and act at such times and places, take such testimony, receive such evidence, administer such oaths; and "(B) subject to paragraph (2)(A), require, by subpoena or otherwise, the attendance and testimony of such witnesses and the production of such books, records, correspondence, memoranda, papers, and documents, as the Commission or such designated subcommittee or designated member may determine advisable. "(2) Subpoenas. - "(A) Issuance. - "(i) In general. - A subpoena may be issued under this subsection only - "(I) by the agreement of the chairman and the vice chairman; or "(II) by the affirmative vote of 6 members of the Commission. "(ii) Signature. - Subject to clause (i), subpoenas issued under this subsection may be issued under the signature of the chairman or any member designated by a majority of the Commission, and may be served by any person designated by the chairman or by a member designated by a majority of the Commission. "(B) Enforcement. - "(i) In general. - In the case of contumacy or failure to obey a subpoena issued under subsection (a), the United States district court for the judicial district in which the subpoenaed person resides, is served, or may be found, or where the subpoena is returnable, may issue an order requiring such person to appear at any designated place to testify or to produce documentary or other evidence. Any failure to obey the order of the court may be punished by the court as a contempt of that court. "(ii) Additional enforcement. - In the case of any failure of any witness to comply with any subpoena or to testify when summoned under authority of this section, the Commission may, by majority vote, certify a statement of fact constituting such failure to the appropriate United States attorney, who may bring the matter before the grand jury for its action, under the same statutory authority and procedures as if the United States attorney had received a certification under sections 102 through 104 of the Revised Statutes of the United States (2 U.S.C. 192 through 194). "(b) Contracting. - The Commission may, to such extent and in such amounts as are provided in appropriation Acts, enter into contracts to enable the Commission to discharge its duties under this title. "(c) Information From Federal Agencies. - "(1) In general. - The Commission is authorized to secure directly from any executive department, bureau, agency, board, commission, office, independent establishment, or instrumentality of the Government, information, suggestions, estimates, and statistics for the purposes of this title. Each department, bureau, agency, board, commission, office, independent establishment, or instrumentality shall, to the extent authorized by law, furnish such information, suggestions, estimates, and statistics directly to the Commission, upon request made by the chairman, the chairman of any subcommittee created by a majority of the Commission, or any member designated by a majority of the Commission. "(2) Receipt, handling, storage, and dissemination. - Information shall only be received, handled, stored, and disseminated by members of the Commission and its staff consistent with all applicable statutes, regulations, and Executive orders. "(d) Assistance From Federal Agencies. - "(1) General services administration. - The Administrator of General Services shall provide to the Commission on a reimbursable basis administrative support and other services for the performance of the Commission's functions. "(2) Other departments and agencies. - In addition to the assistance prescribed in paragraph (1), departments and agencies of the United States may provide to the Commission such services, funds, facilities, staff, and other support services as they may determine advisable and as may be authorized by law. "(e) Gifts. - The Commission may accept, use, and dispose of gifts or donations of services or property. "(f) Postal Services. - The Commission may use the United States mails in the same manner and under the same conditions as departments and agencies of the United States. "SEC. 606. NONAPPLICABILITY OF FEDERAL ADVISORY COMMITTEE ACT. "(a) In General. - The Federal Advisory Committee Act (5 U.S.C. App.) shall not apply to the Commission. "(b) Public Meetings and Release of Public Versions of Reports. - The Commission shall - "(1) hold public hearings and meetings to the extent appropriate; and "(2) release public versions of the reports required under section 610(a) and (b). "(c) Public Hearings. - Any public hearings of the Commission shall be conducted in a manner consistent with the protection of information provided to or developed for or by the Commission as required by any applicable statute, regulation, or Executive order. "SEC. 607. STAFF OF COMMISSION. "(a) In General. - "(1) Appointment and compensation. - The chairman, in consultation with vice chairman, in accordance with rules agreed upon by the Commission, may appoint and fix the compensation of a staff director and such other personnel as may be necessary to enable the Commission to carry out its functions, without regard to the provisions of title 5, United States Code, governing appointments in the competitive service, and without regard to the provisions of chapter 51 and subchapter III of chapter 53 of such title relating to classification and General Schedule pay rates, except that no rate of pay fixed under this subsection may exceed the equivalent of that payable for a position at level V of the Executive Schedule under section 5316 of title 5, United States Code. "(2) Personnel as federal employees. - "(A) In general. - The executive director and any personnel of the Commission who are employees shall be employees under section 2105 of title 5, United States Code, for purposes of chapters 63, 81, 83, 84, 85, 87, 89, and 90 of that title. "(B) Members of commission. - Subparagraph (A) shall not be construed to apply to members of the Commission. "(b) Detailees. - Any Federal Government employee may be detailed to the Commission without reimbursement from the Commission, and such detailee shall retain the rights, status, and privileges of his or her regular employment without interruption. "(c) Consultant Services. - The Commission is authorized to procure the services of experts and consultants in accordance with section 3109 of title 5, United States Code, but at rates not to exceed the daily rate paid a person occupying a position at level IV of the Executive Schedule under section 5315 of title 5, United States Code. "SEC. 608. COMPENSATION AND TRAVEL EXPENSES. "(a) Compensation. - Each member of the Commission may be compensated at not to exceed the daily equivalent of the annual rate of basic pay in effect for a position at level IV of the Executive Schedule under section 5315 of title 5, United States Code, for each day during which that member is engaged in the actual performance of the duties of the Commission. "(b) Travel Expenses. - While away from their homes or regular places of business in the performance of services for the Commission, members of the Commission shall be allowed travel expenses, including per diem in lieu of subsistence, in the same manner as persons employed intermittently in the Government service are allowed expenses under section 5703(b) [5703] of title 5, United States Code. "SEC. 609. SECURITY CLEARANCES FOR COMMISSION MEMBERS AND STAFF. "The appropriate Federal agencies or departments shall cooperate with the Commission in expeditiously providing to the Commission members and staff appropriate security clearances to the extent possible pursuant to existing procedures and requirements, except that no person shall be provided with access to classified information under this title without the appropriate security clearances. "SEC. 610. REPORTS OF COMMISSION; TERMINATION. "(a) Interim Reports. - The Commission may submit to the President and Congress interim reports containing such findings, conclusions, and recommendations for corrective measures as have been agreed to by a majority of Commission members. "(b) Final Report. - Not later than 20 months after the date of the enactment of this Act [Nov. 27, 2002], the Commission shall submit to the President and Congress a final report containing such findings, conclusions, and recommendations for corrective measures as have been agreed to by a majority of Commission members. "(c) Termination. - "(1) In general. - The Commission, and all the authorities of this title, shall terminate 30 days after the date on which the final report is submitted under subsection (b). "(2) Administrative activities before termination. - The Commission may use the 30-day period referred to in paragraph (1) for the purpose of concluding its activities, including providing testimony to committees of Congress concerning its reports and disseminating the final report. "SEC. 611. FUNDING. "(a) Transfer From the National Foreign Intelligence Program. - Of the amounts authorized to be appropriated by this Act [see Tables for classification] and made available in public law 107-248 [see Tables for classification] (Department of Defense Appropriations Act, 2003) for the National Foreign Intelligence Program, not to exceed $3,000,000 shall be available for transfer to the Commission for purposes of the activities of the Commission under this title. "(b) Additional Funding. - In addition to the amounts made available to the Commission under subsection (a) and under chapter 2 of title II of the Emergency Wartime Supplemental Appropriations Act, 2003 (Public Law 108-11; 117 Stat. 591), of the amounts appropriated for the programs and activities of the Federal Government for fiscal year 2004 that remain available for obligation, not more than $1,000,000 shall be available for transfer to the Commission for purposes of the activities of the Commission under this title. "(c) Duration of Availability. - Amounts made available to the Commission under this section shall remain available until the termination of the Commission." -FOOTNOTE- (!1) So in original. A closing parenthesis probably should precede the period. -End- -CITE- 6 USC Sec. 102 01/07/2011 -EXPCITE- TITLE 6 - DOMESTIC SECURITY CHAPTER 1 - HOMELAND SECURITY ORGANIZATION -HEAD- Sec. 102. Construction; severability -STATUTE- Any provision of this chapter held to be invalid or unenforceable by its terms, or as applied to any person or circumstance, shall be construed so as to give it the maximum effect permitted by law, unless such holding shall be one of utter invalidity or unenforceability, in which event such provision shall be deemed severable from this chapter and shall not affect the remainder thereof, or the application of such provision to other persons not similarly situated or to other, dissimilar circumstances. -SOURCE- (Pub. L. 107-296, Sec. 3, Nov. 25, 2002, 116 Stat. 2141.) -REFTEXT- REFERENCES IN TEXT This chapter, referred to in text, was in the original "this Act", meaning Pub. L. 107-296, Nov. 25, 2002, 116 Stat. 2135, known as the Homeland Security Act of 2002, which is classified principally to this chapter. For complete classification of this Act to the Code, see Short Title note set out under section 101 of this title and Tables. -End- -CITE- 6 USC Sec. 103 01/07/2011 -EXPCITE- TITLE 6 - DOMESTIC SECURITY CHAPTER 1 - HOMELAND SECURITY ORGANIZATION -HEAD- Sec. 103. Use of appropriated funds -STATUTE- Notwithstanding any other provision of this chapter, any report, notification, or consultation addressing directly or indirectly the use of appropriated funds and stipulated by this chapter to be submitted to, or held with, the Congress or any Congressional committee shall also be submitted to, or held with, the Committees on Appropriations of the Senate and the House of Representatives under the same conditions and with the same restrictions as stipulated by this chapter. -SOURCE- (Pub. L. 107-296, title XVII, Sec. 1714, as added Pub. L. 108-7, div. L, Sec. 103(5), Feb. 20, 2003, 117 Stat. 529.) -REFTEXT- REFERENCES IN TEXT This chapter, referred to in text, was in the original "this Act", meaning Pub. L. 107-296, Nov. 25, 2002, 116 Stat. 2135, known as the Homeland Security Act of 2002, which is classified principally to this chapter. For complete classification of this Act to the Code, see Short Title note set out under section 101 of this title and Tables. -MISC1- PRIOR PROVISIONS A prior section 1714 of Pub. L. 107-296 amended section 300aa-33 of Title 42, The Public Health and Welfare, prior to repeal by Pub. L. 108-7, div. L, Sec. 102(a), Feb. 20, 2003, 117 Stat. 528. NOTIFICATIONS FOR REPROGRAMMING OR TRANSFER OF FUNDS Pub. L. 109-90, title V, Sec. 503(e), Oct. 18, 2005, 119 Stat. 2082, provided that: "Hereafter, notwithstanding any other provision of law, notifications pursuant to this section or any other authority for reprogramming or transfer of funds shall be made solely to the Committees on Appropriations of the Senate and the House of Representatives." -End- -CITE- 6 USC SUBCHAPTER I - DEPARTMENT OF HOMELAND SECURITY 01/07/2011 -EXPCITE- TITLE 6 - DOMESTIC SECURITY CHAPTER 1 - HOMELAND SECURITY ORGANIZATION SUBCHAPTER I - DEPARTMENT OF HOMELAND SECURITY -HEAD- SUBCHAPTER I - DEPARTMENT OF HOMELAND SECURITY -End- -CITE- 6 USC Sec. 111 01/07/2011 -EXPCITE- TITLE 6 - DOMESTIC SECURITY CHAPTER 1 - HOMELAND SECURITY ORGANIZATION SUBCHAPTER I - DEPARTMENT OF HOMELAND SECURITY -HEAD- Sec. 111. Executive department; mission -STATUTE- (a) Establishment There is established a Department of Homeland Security, as an executive department of the United States within the meaning of title 5. (b) Mission (1) In general The primary mission of the Department is to - (A) prevent terrorist attacks within the United States; (B) reduce the vulnerability of the United States to terrorism; (C) minimize the damage, and assist in the recovery, from terrorist attacks that do occur within the United States; (D) carry out all functions of entities transferred to the Department, including by acting as a focal point regarding natural and manmade crises and emergency planning; (E) ensure that the functions of the agencies and subdivisions within the Department that are not related directly to securing the homeland are not diminished or neglected except by a specific explicit Act of Congress; (F) ensure that the overall economic security of the United States is not diminished by efforts, activities, and programs aimed at securing the homeland; (G) ensure that the civil rights and civil liberties of persons are not diminished by efforts, activities, and programs aimed at securing the homeland; and (H) monitor connections between illegal drug trafficking and terrorism, coordinate efforts to sever such connections, and otherwise contribute to efforts to interdict illegal drug trafficking. (2) Responsibility for investigating and prosecuting terrorism Except as specifically provided by law with respect to entities transferred to the Department under this chapter, primary responsibility for investigating and prosecuting acts of terrorism shall be vested not in the Department, but rather in Federal, State, and local law enforcement agencies with jurisdiction over the acts in question. -SOURCE- (Pub. L. 107-296, title I, Sec. 101, Nov. 25, 2002, 116 Stat. 2142; Pub. L. 108-458, title VIII, Sec. 8302, Dec. 17, 2004, 118 Stat. 3867.) -REFTEXT- REFERENCES IN TEXT This chapter, referred to in subsec. (b)(2), was in the original "this Act", meaning Pub. L. 107-296, Nov. 25, 2002, 116 Stat. 2135, known as the Homeland Security Act of 2002, which is classified principally to this chapter. For complete classification of this Act to the Code, see Short Title note set out under section 101 of this title and Tables. -MISC1- AMENDMENTS 2004 - Subsec. (b)(1)(G), (H). Pub. L. 108-458 added subpar. (G) and redesignated former subpar. (G) as (H). TRANSFER OF CERTAIN OPM AUTHORITY TO DEPARTMENT OF HOMELAND SECURITY Pub. L. 109-295, title V, Sec. 513, Oct. 4, 2006, 120 Stat. 1378, provided that: "Notwithstanding any other provision of law, the authority of the Office of Personnel Management to conduct personnel security and suitability background investigations, update investigations, and periodic reinvestigations of applicants for, or appointees in, positions in the Office of the Secretary and Executive Management, the Office of the Under Secretary for Management, Analysis and Operations, Immigration and Customs Enforcement, the Directorate for Preparedness, and the Directorate of Science and Technology of the Department of Homeland Security is transferred to the Department of Homeland Security: Provided, That on request of the Department of Homeland Security, the Office of Personnel Management shall cooperate with and assist the Department in any investigation or reinvestigation under this section: Provided further, That this section shall cease to be effective at such time as the President has selected a single agency to conduct security clearance investigations pursuant to section 3001(c) of the Intelligence Reform and Terrorism Prevention Act of 2004 (Public Law 108-458; 50 U.S.C. 435b) and the entity selected pursuant to section 3001(b) of such Act has reported to Congress that the agency selected pursuant to such section 3001(c) is capable of conducting all necessary investigations in a timely manner or has authorized the entities within the Department of Homeland Security covered by this section to conduct their own investigations pursuant to section 3001 of such Act." [For transfer of all functions, personnel, assets, components, authorities, grant programs, and liabilities of the Directorate for Preparedness, as constituted on June 1, 2006, including the functions of the Under Secretary for Preparedness relating thereto, to the Federal Emergency Management Agency, with certain exceptions, see section 315(a)(2), (b) of this title.] Similar provisions were contained in the following prior appropriation acts: Pub. L. 109-90, title V, Sec. 516, Oct. 18, 2005, 119 Stat. 2084. Pub. L. 108-334, title V, Sec. 518, Oct. 18, 2004, 118 Stat. 1318. -EXEC- EX. ORD. NO. 13286. AMENDMENT OF EXECUTIVE ORDERS, AND OTHER ACTIONS, IN CONNECTION WITH THE TRANSFER OF CERTAIN FUNCTIONS TO THE SECRETARY OF HOMELAND SECURITY Ex. Ord. No. 13286, Feb. 28, 2003, 68 F.R. 10619, as amended by Ex. Ord. No. 13442, Sec. 1, Aug. 13, 2007, 72 F.R. 45877, provided: By the authority vested in me as President by the Constitution and the laws of the United States of America, including the Homeland Security Act of 2002 (Public Law 107-296) [see Tables for classification] and section 301 of title 3, United States Code, and in order to reflect the transfer of certain functions to, and other responsibilities vested in, the Secretary of Homeland Security, the transfer of certain agencies and agency components to the Department of Homeland Security, and the delegation of appropriate responsibilities to the Secretary of Homeland Security, it is hereby ordered as follows: Section 1. [Amended Ex. Ord. No. 13276, set out as a note under section 1182 of Title 8, Aliens and Nationality.] Sec. 2. [Amended Ex. Ord. No. 13274, set out as a note under section 301 of Title 49, Transportation.] Sec. 3. [Amended Ex. Ord. No. 13271, formerly set out as a note under section 509 of Title 28, Judiciary and Judicial Procedure.] Sec. 4. [Amended and revoked Ex. Ord. No. 13260, set out as a note under section 402 of Title 50, War and National Defense.] Sec. 5. [Amended Ex. Ord. No. 13257, set out as a note under section 7103 of Title 22, Foreign Relations and Intercourse.] Sec. 6. [Amended Ex. Ord. No. 13254, set out as a note under section 12501 of Title 42, The Public Health and Welfare.] Sec. 7. [Amended Ex. Ord. No. 13231, set out as a note under section 121 of this title.] Sec. 8. [Amended Ex. Ord. No. 13228, set out as a note under section 402 of Title 50, War and National Defense.] Sec. 9. [Amended Ex. Ord. No. 13223, set out as a note under section 12302 of Title 10, Armed Forces.] Sec. 10. [Amended Ex. Ord. No. 13212, set out as a note under section 13201 of Title 42, The Public Health and Welfare.] Sec. 11. [Amended Ex. Ord. No. 13165, set out as a note under section 1701 of Title 21, Food and Drugs.] Sec. 12. [Amended Ex. Ord. No. 13154.] Sec. 13. [Amended Ex. Ord. No. 13133.] Sec. 14. [Amended Ex. Ord. No. 13120, set out as a note under section 12304 of Title 10, Armed Forces.] Sec. 15. [Amended Ex. Ord. No. 13112, set out as a note under section 4321 of Title 42, The Public Health and Welfare.] Sec. 16. [Amended Ex. Ord. No. 13100, set out as a note under section 341 of Title 21, Food and Drugs.] Sec. 17. [Amended Ex. Ord. No. 13076, set out as a note under section 12304 of Title 10, Armed Forces.] Sec. 18. [Amended Ex. Ord. No. 13011, set out as a note under section 11101 of Title 40, Public Buildings, Property, and Works.] Sec. 19. [Amended Ex. Ord. No. 12989, set out as a note under section 1324a of Title 8, Aliens and Nationality.] Sec. 20. [Amended Ex. Ord. No. 12985, set out as a note preceding section 1121 of Title 10, Armed Forces.] Sec. 21. [Amended Ex. Ord. No. 12982, set out as a note under section 12304 of Title 10, Armed Forces.] Sec. 22. [Amended Ex. Ord. No. 12978, listed in a table under section 1701 of Title 50, War and National Defense.] Sec. 23. [Amended Ex. Ord. No. 12977, set out as a note under section 121 of Title 40, Public Buildings, Property, and Works.] Sec. 24. [Amended Ex. Ord. No. 12919, set out as a note under section 2153 of Title 50, Appendix, War and National Defense.] Sec. 25. [Amended Ex. Ord. No. 12906, set out as a note under section 1457 of Title 43, Public Lands.] Sec. 26. [Amended Ex. Ord. No. 12870, set out as a note under section 4727 of Title 15, Commerce and Trade.] Sec. 27. [Amended Ex. Ord. No. 12835, set out as a note under section 1023 of Title 15, Commerce and Trade.] Sec. 28. [Amended Ex. Ord. No. 12830, set out as a note preceding section 1121 of Title 10, Armed Forces.] Sec. 29. [Amended Ex. Ord. No. 12824, set out as a note under section 492 of Title 14, Coast Guard.] Sec. 30. [Amended Ex. Ord. No. 12807, set out as a note under section 1182 of Title 8, Aliens and Nationality.] Sec. 31. [Amended Ex. Ord. No. 12793, set out as a note preceding section 1121 of Title 10, Armed Forces.] Sec. 32. [Amended Ex. Ord. No. 12789, set out as a note under section 1364 of Title 8, Aliens and Nationality.] Sec. 33. [Amended Ex. Ord. No. 12788, set out as a note under section 2391 of Title 10, Armed Forces.] Sec. 34. [Amended Ex. Ord. No. 12777, set out as a note under section 1321 of Title 33, Navigation and Navigable Waters.] Sec. 35. [Amended Ex. Ord. No. 12743, formerly set out as a note under section 12302 of Title 10, Armed Forces.] Sec. 36. [Amended Ex. Ord. No. 12742, set out as a note under section 82 of Title 50, War and National Defense.] Sec. 37. [Amended Ex. Ord. No. 12733, set out as a note under section 12304 of Title 10, Armed Forces.] Sec. 38. [Amended Ex. Ord. No. 12728, set out as a note under section 12305 of Title 10, Armed Forces.] Sec. 39. [Amended Ex. Ord. No. 12727, set out as a note under section 12304 of Title 10, Armed Forces.] Sec. 40. [Amended Ex. Ord. No. 12699, set out as a note under section 7704 of Title 42, The Public Health and Welfare.] Sec. 41. [Amended Ex. Ord. No. 12657, set out as a note under section 5195 of Title 42, The Public Health and Welfare.] Sec. 42. [(a) to (i) amended Ex. Ord. No. 12656, set out as a note under section 5195 of Title 42, The Public Health and Welfare.] Without prejudice to subsections (a) through (i) of this section, all responsibilities assigned to specific Federal officials pursuant to Executive Order 12656 that are substantially the same as any responsibility assigned to, or function transferred to, the Secretary of Homeland Security pursuant to the Homeland Security Act of 2002 (regardless of whether such responsibility or function is expressly required to be carried out through another official of the Department of Homeland Security or not pursuant to such Act), or intended or required to be carried out by an agency or an agency component transferred to the Department of Homeland Security pursuant to such Act, are hereby reassigned to the Secretary of Homeland Security. Sec. 43. [Amended Ex. Ord. No. 12580, set out as a note under section 9615 of Title 42, The Public Health and Welfare.] Sec. 44. [Amended Ex. Ord. No. 12555, set out as a note under section 2602 of Title 19, Customs Duties.] Sec. 45. [Amended Ex. Ord. No. 12501, set out as a note under section 4101 of Title 15, Commerce and Trade.] Sec. 46. [Amended Ex. Ord. No. 12472, set out as a note under section 5195 of Title 42, The Public Health and Welfare.] Sec. 47. [Amended Ex. Ord. No. 12382, set out as a note under section 901 of Title 47, Telegraphs, Telephones, and Radiotelegraphs.] Sec. 48. [Amended Ex. Ord. No. 12341, set out as a note under section 1522 of Title 8, Aliens and Nationality.] Sec. 49. [Amended Ex. Ord. No. 12208, set out as a note under section 1157 of Title 8, Aliens and Nationality.] Sec. 50. [Amended Ex. Ord. No. 12188, set out as a note under section 2171 of Title 19, Customs Duties.] Sec. 51. [Amended Ex. Ord. No. 12160, set out as a note under section 3501 of Title 42, The Public Health and Welfare.] Sec. 52. [Amended Ex. Ord. No. 12148, set out as a note under section 5195 of Title 42, The Public Health and Welfare.] Sec. 53. [Amended Ex. Ord. No. 12146, set out as a note under section 509 of Title 28, Judiciary and Judicial Procedures.] Sec. 54. [Amended Ex. Ord. No. 12002, set out as a note under section 2403 of Title 50, Appendix, War and National Defense.] Sec. 55. [Amended Ex. Ord. No. 11965, set out as a note preceding section 1121 of Title 10, Armed Forces.] Sec. 56. [Amended Ex. Ord. No. 11926, set out as a note preceding section 1121 of Title 10, Armed Forces.] Sec. 57. [Amended Ex. Ord. No. 11858, set out as a note under section 2170 of Title 50, Appendix, War and National Defense.] Sec. 58. [Amended Ex. Ord. No. 11800, formerly set out as a note under section 301a of Title 37, Pay and Allowances of the Uniformed Services.] Sec. 59. [Amended Ex. Ord. No. 11645, set out as a note under section 475 of Title 14, Coast Guard.] Sec. 60. [Amended Ex. Ord. No. 11623, set out as a note under section 460 of Title 50, Appendix, War and National Defense.] Sec. 61. [Amended Ex. Ord. No. 11448, set out as a note preceding section 1121 of Title 10, Armed Forces.] Sec. 62. [Amended Ex. Ord. No. 11446, set out as a note under section 7342 of Title 5, Government Organization and Employees.] Sec. 63. [Amended Ex. Ord. No. 11438, set out as a note under section 1124 of Title 10, Armed Forces.] Sec. 64. [Amended Ex. Ord. No. 11366, set out as a note under section 12303 of Title 10, Armed Forces.] Sec. 65. [Amended Ex. Ord. No. 11239, set out as a note under former section 1051 of Title 33, Navigation and Navigable Waters.] Sec. 66. [Amended Ex. Ord. No. 11231.] Sec. 67. [Amended Ex. Ord. No. 11190, set out as a note under section 10149 of Title 10, Armed Forces.] Sec. 68. [Amended Ex. Ord. No. 11139.] Sec. 69. [Amended Ex. Ord. No. 11079, set out as a note under section 2603 of Title 10, Armed Forces.] Sec. 70. [Amended Ex. Ord. No. 11046, set out as a note under section 3746 of Title 10, Armed Forces.] Sec. 71. [Amended Ex. Ord. No. 11016.] Sec. 72. [Amended Ex. Ord. No. 10977.] Sec. 73. [Amended Ex. Ord. No. 10789, set out as a note under section 1431 of Title 50, War and National Defense.] Sec. 74. [Amended Ex. Ord. No. 10694.] Sec. 75. [Amended Ex. Ord. No. 10637, set out as a note under section 301 of Title 3, The President.] Sec. 76. [Amended Ex. Ord. No. 10631, set out as a note under section 802 of Title 10, Armed Forces.] Sec. 77. [Amended Ex. Ord. No. 10554, set out as a note under section 772 of Title 10, Armed Forces.] Sec. 78. [Amended Ex. Ord. No. 10499.] Sec. 79. [Amended Ex. Ord. No. 10448.] Sec. 80. [Amended Ex. Ord. No. 10271, set out as a note under section 471 of Title 50, Appendix, War and National Defense.] Sec. 81. [Amended Ex. Ord. No. 10179.] Sec. 82. [Amended Ex. Ord. No. 10163.] Sec. 83. [Amended Ex. Ord. No. 10113, set out as a note under section 418 of Title 37, Pay and Allowances of the Uniformed Services.] Sec. 84. [Amended Ex. Ord. No. 4601.] Sec. 85. Designation as a Defense Agency of the United States. I hereby designate the Department of Homeland Security as a defense agency of the United States for the purposes of chapter 17 of title 35 of the United States Code. Sec. 86. Exception from the Provisions of the Government Employees Training Act. Those elements of the Department of Homeland Security that are supervised by the Under Secretary of Homeland Security for Information Analysis and Infrastructure Protection through the Department's Assistant Secretary for Information Analysis are, pursuant to section 4102(b)(1) of title 5, United States Code, and in the public interest, excepted from the following provisions of the Government Employees Training Act as codified in title 5: sections 4103(a)(1), 4108, 4115, 4117, and 4118, and that part of 4109(a) that provides "under the regulations prescribed under section 4118(a)(8) of this title and". Sec. 87. Functions of Certain Officials in the Coast Guard. The Commandant and the Assistant Commandant for Intelligence of the Coast Guard each shall be considered a "Senior Official of the Intelligence Community" for purposes of Executive Order 12333 of December 4, 1981 [50 U.S.C. 401 note], and all other relevant authorities. Sec. 88. Order of Succession. Subject to the provisions of subsection (b) of this section, the officers named in subsection (a) of this section, in the order listed, shall act as, and perform the functions and duties of the office of, the Secretary of Homeland Security (Secretary), if they are eligible to act as Secretary under the provisions of the Federal Vacancies Reform Act of 1998, 5 U.S.C. 3345 et seq. (Vacancies Act), during any period in which the Secretary has died, resigned, or otherwise become unable to perform the functions and duties of the office of Secretary. (a) Order of Succession. (i) Deputy Secretary of Homeland Security; (ii) Under Secretary for National Protection and Programs; (iii) Under Secretary for Management; (iv) Assistant Secretary of Homeland Security (Policy); (v) Under Secretary for Science and Technology; (vi) General Counsel; (vii) Assistant Secretary of Homeland Security (Transportation Security Administration); (viii) Administrator of the Federal Emergency Management Agency; (ix) Commissioner of U.S. Customs and Border Protection; (x) Assistant Secretary of Homeland Security (U.S. Immigration and Customs Enforcement); (xi) Director of U.S. Citizenship and Immigration Services; (xii) Chief Financial Officer; (xiii) Regional Administrator, Region V, Federal Emergency Management Agency; (xiv) Regional Administrator, Region VI, Federal Emergency Management Agency; (xv) Regional Administrator, Region VII, Federal Emergency Management Agency; (xvi) Regional Administrator, Region IX, Federal Emergency Management Agency; and (xvii) Regional Administrator, Region I, Federal Emergency Management Agency. (b) Exceptions. (i) No individual who is serving in an office listed in subsection (a) in an acting capacity, by virtue of so serving, shall act as Secretary pursuant to this section. (ii) Notwithstanding the provisions of this section, the President retains discretion, to the extent permitted by the Vacancies Act, to depart from this order in designating an acting Secretary. Sec. 89. Savings Provision. Except as otherwise specifically provided above or in Executive Order 13284 of January 23, 2003 ("Amendment of Executive Orders, and Other Actions, in Connection With the Establishment of the Department of Homeland Security") [6 U.S.C. 121 note], references in any prior Executive Order relating to an agency or an agency component that is transferred to the Department of Homeland Security ("the Department"), or relating to a function that is transferred to the Secretary of Homeland Security, shall be deemed to refer, as appropriate, to the Department or its officers, employees, agents, organizational units, or functions. Sec. 90. Nothing in this order shall be construed to impair or otherwise affect the authority of the Secretary of Defense with respect to the Department of Defense, including the chain of command for the armed forces of the United States under section 162(b) of title 10, United States Code, and the authority of the Secretary of Defense with respect to the Department of Defense under section 113(b) of that title. Sec. 91. Nothing in this order shall be construed to limit or restrict the authorities of the Central Intelligence Agency and the Director of Central Intelligence pursuant to the National Security Act of 1947 [see Short Title note set out under 50 U.S.C. 401] and the CIA Act of 1949 [probably means the Central Intelligence Agency Act of 1949, see Short Title note set out under 50 U.S.C. 403a]. Sec. 92. This order shall become effective on March 1, 2003. Sec. 93. This order does not create any right or benefit, substantive or procedural, enforceable at law or in equity, against the United States, its departments, agencies, or other entities, its officers or employees, or any other person. George W. Bush. [Reference to the Director of Central Intelligence or the Director of the Central Intelligence Agency in the Director's capacity as the head of the intelligence community deemed to be a reference to the Director of National Intelligence. Reference to the Director of Central Intelligence or the Director of the Central Intelligence Agency in the Director's capacity as the head of the Central Intelligence Agency deemed to be a reference to the Director of the Central Intelligence Agency. See section 1081(a) and (b) of Pub. L. 108-458, set out as a note under section 401 of Title 50, War and National Defense.] EXECUTIVE ORDER NO. 13362 Ex. Ord. No. 13362, Nov. 29, 2004, 69 F.R. 70173, which designated additional officers for the Department of Homeland Security order of succession, was revoked by Ex. Ord. No. 13442, Sec. 2, Aug. 13, 2007, 72 F.R. 45878. -End- -CITE- 6 USC Sec. 112 01/07/2011 -EXPCITE- TITLE 6 - DOMESTIC SECURITY CHAPTER 1 - HOMELAND SECURITY ORGANIZATION SUBCHAPTER I - DEPARTMENT OF HOMELAND SECURITY -HEAD- Sec. 112. Secretary; functions -STATUTE- (a) Secretary (1) In general There is a Secretary of Homeland Security, appointed by the President, by and with the advice and consent of the Senate. (2) Head of Department The Secretary is the head of the Department and shall have direction, authority, and control over it. (3) Functions vested in Secretary All functions of all officers, employees, and organizational units of the Department are vested in the Secretary. (b) Functions The Secretary - (1) except as otherwise provided by this chapter, may delegate any of the Secretary's functions to any officer, employee, or organizational unit of the Department; (2) shall have the authority to make contracts, grants, and cooperative agreements, and to enter into agreements with other executive agencies, as may be necessary and proper to carry out the Secretary's responsibilities under this chapter or otherwise provided by law; and (3) shall take reasonable steps to ensure that information systems and databases of the Department are compatible with each other and with appropriate databases of other Departments. (c) Coordination with non-Federal entities With respect to homeland security, the Secretary shall coordinate through the Office of State and Local Coordination (!1) (established under section 361 of this title) (including the provision of training and equipment) with State and local government personnel, agencies, and authorities, with the private sector, and with other entities, including by - (1) coordinating with State and local government personnel, agencies, and authorities, and with the private sector, to ensure adequate planning, equipment, training, and exercise activities; (2) coordinating and, as appropriate, consolidating, the Federal Government's communications and systems of communications relating to homeland security with State and local government personnel, agencies, and authorities, the private sector, other entities, and the public; and (3) distributing or, as appropriate, coordinating the distribution of, warnings and information to State and local government personnel, agencies, and authorities and to the public. (d) Meetings of National Security Council The Secretary may, subject to the direction of the President, attend and participate in meetings of the National Security Council. (e) Issuance of regulations The issuance of regulations by the Secretary shall be governed by the provisions of chapter 5 of title 5, except as specifically provided in this chapter, in laws granting regulatory authorities that are transferred by this chapter, and in laws enacted after November 25, 2002. (f) Special Assistant to the Secretary The Secretary shall appoint a Special Assistant to the Secretary who shall be responsible for - (1) creating and fostering strategic communications with the private sector to enhance the primary mission of the Department to protect the American homeland; (2) advising the Secretary on the impact of the Department's policies, regulations, processes, and actions on the private sector; (3) interfacing with other relevant Federal agencies with homeland security missions to assess the impact of these agencies' actions on the private sector; (4) creating and managing private sector advisory councils composed of representatives of industries and associations designated by the Secretary to - (A) advise the Secretary on private sector products, applications, and solutions as they relate to homeland security challenges; (B) advise the Secretary on homeland security policies, regulations, processes, and actions that affect the participating industries and associations; and (C) advise the Secretary on private sector preparedness issues, including effective methods for - (i) promoting voluntary preparedness standards to the private sector; and (ii) assisting the private sector in adopting voluntary preparedness standards; (5) working with Federal laboratories, federally funded research and development centers, other federally funded organizations, academia, and the private sector to develop innovative approaches to address homeland security challenges to produce and deploy the best available technologies for homeland security missions; (6) promoting existing public-private partnerships and developing new public-private partnerships to provide for collaboration and mutual support to address homeland security challenges; (7) assisting in the development and promotion of private sector best practices to secure critical infrastructure; (8) providing information to the private sector regarding voluntary preparedness standards and the business justification for preparedness and promoting to the private sector the adoption of voluntary preparedness standards; (9) coordinating industry efforts, with respect to functions of the Department of Homeland Security, to identify private sector resources and capabilities that could be effective in supplementing Federal, State, and local government agency efforts to prevent or respond to a terrorist attack; (10) coordinating with the Directorate of Border and Transportation Security and the Assistant Secretary for Trade Development of the Department of Commerce on issues related to the travel and tourism industries; and (11) consulting with the Office of State and Local Government Coordination and Preparedness on all matters of concern to the private sector, including the tourism industry. (g) Standards policy All standards activities of the Department shall be conducted in accordance with section 12(d) of the National Technology Transfer Advancement Act of 1995 (15 U.S.C. 272 note) and Office of Management and Budget Circular A-119. -SOURCE- (Pub. L. 107-296, title I, Sec. 102, Nov. 25, 2002, 116 Stat. 2142; Pub. L. 108-458, title VII, Sec. 7402, Dec. 17, 2004, 118 Stat. 3850; Pub. L. 110-53, title IX, Sec. 902, Aug. 3, 2007, 121 Stat. 371.) -REFTEXT- REFERENCES IN TEXT This chapter, referred to in subsecs. (b)(1), (2), and (e), was in the original "this Act", meaning Pub. L. 107-296, Nov. 25, 2002, 116 Stat. 2135, known as the Homeland Security Act of 2002, which is classified principally to this chapter. For complete classification of this Act to the Code, see Short Title note set out under section 101 of this title and Tables. Section 12(d) of the National Technology Transfer Advancement Act of 1995, referred to in subsec. (g), probably means section 12(d) of the National Technology Transfer and Advancement Act of 1995, which is section 12(d) of Pub. L. 104-113, and which is set out as a note under section 272 of Title 15, Commerce and Trade. -MISC1- AMENDMENTS 2007 - Subsec. (f)(4)(C). Pub. L. 110-53, Sec. 902(b), added subpar. (C). Subsec. (f)(8) to (11). Pub. L. 110-53, Sec. 902(a), added par. (8) and redesignated former pars. (8) to (10) as (9) to (11), respectively. 2004 - Subsec. (f)(8) to (10). Pub. L. 108-458 added pars. (8) to (10). REQUIRED COORDINATION Pub. L. 108-458, title VII, Sec. 7405, Dec. 17, 2004, 118 Stat. 3851, provided that: "The Secretary of Homeland Security shall ensure that there is effective and ongoing coordination of Federal efforts to prevent, prepare for, and respond to acts of terrorism and other major disasters and emergencies among the divisions of the Department of Homeland Security, including the Directorate of Emergency Preparedness and Response and the Office for State and Local Government Coordination and Preparedness." PROTECTIONS FOR HUMAN RESEARCH SUBJECTS OF THE DEPARTMENT OF HOMELAND SECURITY Pub. L. 108-458, title VIII, Sec. 8306, Dec. 17, 2004, 118 Stat. 3869, provided that: "The Secretary of Homeland Security shall ensure that the Department of Homeland Security complies with the protections for human research subjects, as described in part 46 of title 45, Code of Federal Regulations, or in equivalent regulations as promulgated by such Secretary, with respect to research that is conducted or supported by the Department." -FOOTNOTE- (!1) So in original. Probably should be "Office of State and Local Government Coordination". -End- -CITE- 6 USC Sec. 113 01/07/2011 -EXPCITE- TITLE 6 - DOMESTIC SECURITY CHAPTER 1 - HOMELAND SECURITY ORGANIZATION SUBCHAPTER I - DEPARTMENT OF HOMELAND SECURITY -HEAD- Sec. 113. Other officers -STATUTE- (a) Deputy Secretary; Under Secretaries There are the following officers, appointed by the President, by and with the advice and consent of the Senate: (1) A Deputy Secretary of Homeland Security, who shall be the Secretary's first assistant for purposes of subchapter III of chapter 33 of title 5. (2) An Under Secretary for Science and Technology. (3) An Under Secretary for Border and Transportation Security. (4) An Administrator of the Federal Emergency Management Agency. (5) A Director of the Bureau of Citizenship and Immigration Services. (6) An Under Secretary for Management. (7) A Director of the Office of Counternarcotics Enforcement. (8) An Under Secretary responsible for overseeing critical infrastructure protection, cybersecurity, and other related programs of the Department. (9) Not more than 12 Assistant Secretaries. (10) A General Counsel, who shall be the chief legal officer of the Department. (b) Inspector General There shall be in the Department an Office of Inspector General and an Inspector General at the head of such office, as provided in the Inspector General Act of 1978 (5 U.S.C. App.). (c) Commandant of the Coast Guard To assist the Secretary in the performance of the Secretary's functions, there is a Commandant of the Coast Guard, who shall be appointed as provided in section 44 of title 14 and who shall report directly to the Secretary. In addition to such duties as may be provided in this chapter and as assigned to the Commandant by the Secretary, the duties of the Commandant shall include those required by section 2 of title 14. (d) Other officers To assist the Secretary in the performance of the Secretary's functions, there are the following officers, appointed by the President: (1) A Director of the Secret Service. (2) A Chief Information Officer. (3) An Officer for Civil Rights and Civil Liberties. (4) A Director for Domestic Nuclear Detection. (e) Chief Financial Officer There shall be in the Department a Chief Financial Officer, as provided in chapter 9 of title 31. (f) Performance of specific functions Subject to the provisions of this chapter, every officer of the Department shall perform the functions specified by law for the official's office or prescribed by the Secretary. -SOURCE- (Pub. L. 107-296, title I, Sec. 103, Nov. 25, 2002, 116 Stat. 2144; Pub. L. 108-7, div. L, Sec. 104(a), Feb. 20, 2003, 117 Stat. 529; Pub. L. 108-330, Sec. 3(d)(1)(A), Oct. 16, 2004, 118 Stat. 1276; Pub. L. 108-458, title VII, Sec. 7407(b), Dec. 17, 2004, 118 Stat. 3853; Pub. L. 109-295, title VI, Sec. 612(b), Oct. 4, 2006, 120 Stat. 1410; Pub. L. 109-347, title V, Sec. 501(b)(1), Oct. 13, 2006, 120 Stat. 1935; Pub. L. 110-53, title V, Sec. 531(b)(2), Aug. 3, 2007, 121 Stat. 334; Pub. L. 110-388, Sec. 1, Oct. 10, 2008, 122 Stat. 4144.) -REFTEXT- REFERENCES IN TEXT The Inspector General Act of 1978, referred to in subsec. (b), is Pub. L. 95-452, Oct. 12, 1978, 92 Stat. 1101, as amended, which is set out in the Appendix to Title 5, Government Organization and Employees. This chapter, referred to in subsecs. (c) and (f), was in the original "this Act", meaning Pub. L. 107-296, Nov. 25, 2002, 116 Stat. 2135, known as the Homeland Security Act of 2002, which is classified principally to this chapter. For complete classification of this Act to the Code, see Short Title note set out under section 101 of this title and Tables. -MISC1- AMENDMENTS 2008 - Subsec. (d)(3) to (5). Pub. L. 110-388 redesignated pars. (4) and (5) as (3) and (4), respectively, and struck out former par. (3) which read as follows: "A Chief Human Capital Officer." 2007 - Subsec. (a)(8) to (10). Pub. L. 110-53 added par. (8) and redesignated former pars. (8) and (9) as (9) and (10), respectively. 2006 - Subsec. (a)(2) to (4). Pub. L. 109-295, Sec. 612(b)(2), (3), redesignated pars. (3) to (5) as (2) to (4), respectively, and struck out former par. (2) which read as follows: "An Under Secretary for Information Analysis and Infrastructure Protection." Subsec. (a)(5). Pub. L. 109-295, Sec. 612(b)(3), redesignated par. (6) as (5). Former par. (5) redesignated (4). Pub. L. 109-295, Sec. 612(b)(1), added par. (5) and struck out former par. (5) which read as follows: "An Under Secretary for Emergency Preparedness and Response." Subsec. (a)(6) to (10). Pub. L. 109-295, Sec. 612(b)(3), redesignated pars. (7) to (10) as (6) to (9), respectively. Former par. (6) redesignated (5). Subsec. (d)(5). Pub. L. 109-347 added par. (5). 2004 - Subsec. (a)(8) to (10). Pub. L. 108-458 added par. (8) and redesignated former pars. (8) and (9) as (9) and (10), respectively. Subsec. (d)(4), (5). Pub. L. 108-330, Sec. 3(d)(1)(A)(i), redesignated par. (5) as (4) and struck out former par. (4) which read as follows: "A Chief Financial Officer." Subsecs. (e), (f). Pub. L. 108-330, Sec. 3(d)(1)(A)(ii), (iii), added subsec. (e) and redesignated former subsec. (e) as (f). 2003 - Subsec. (b). Pub. L. 108-7 reenacted heading without change and amended text generally. Prior to amendment, text read as follows: "There is an Inspector General, who shall be appointed as provided in section 3(a) of the Inspector General Act of 1978." -CHANGE- CHANGE OF NAME Any reference to the Administrator of the Federal Emergency Management Agency in title VI of Pub. L. 109-295 or an amendment by title VI to be considered to refer and apply to the Director of the Federal Emergency Management Agency until Mar. 31, 2007, see section 612(f)(2) of Pub. L. 109-295, set out as a note under section 313 of this title. -End- -CITE- 6 USC Sec. 114 01/07/2011 -EXPCITE- TITLE 6 - DOMESTIC SECURITY CHAPTER 1 - HOMELAND SECURITY ORGANIZATION SUBCHAPTER I - DEPARTMENT OF HOMELAND SECURITY -HEAD- Sec. 114. Sensitive Security Information -STATUTE- Using funds made available in this Act, the Secretary of Homeland Security shall provide that each office within the Department that handles documents marked as Sensitive Security Information (SSI) shall have at least one employee in that office with authority to coordinate and make determinations on behalf of the agency that such documents meet the criteria for marking as SSI: Provided, That not later than December 31, 2005, the Secretary shall submit to the Committees on Appropriations of the Senate and the House of Representatives: (1) Department-wide policies for designating, coordinating and marking documents as SSI; (2) Department-wide auditing and accountability procedures for documents designated and marked as SSI; (3) the total number of SSI Coordinators within the Department; and (4) the total number of staff authorized to designate SSI documents within the Department: Provided further, That not later than January 31, 2006, the Secretary shall provide to the Committees on Appropriations of the Senate and the House of Representatives the title of all DHS documents that are designated as SSI in their entirety during the period October 1, 2005, through December 31, 2005: Provided further, That not later than January 31 of each succeeding year, starting on January 31, 2007, the Secretary shall provide annually a similar report to the Committees on Appropriations of the Senate and the House of Representatives on the titles of all DHS documents that are designated as SSI in their entirety during the period of January 1 through December 31 for the preceding year: Provided further, That the Secretary shall promulgate guidance that includes common but extensive examples of SSI that further define the individual categories of information cited under 49 CFR 1520(b)(1) through (16) and eliminates judgment by covered persons in the application of the SSI marking: Provided further, That such guidance shall serve as the primary basis and authority for the marking of DHS information as SSI by covered persons. -SOURCE- (Pub. L. 109-90, title V, Sec. 537, Oct. 18, 2005, 119 Stat. 2088.) -REFTEXT- REFERENCES IN TEXT This Act, referred to in text, is Pub. L. 109-90, Oct. 18, 2005, 119 Stat. 2064, known as the Department of Homeland Security Appropriations Act, 2006. For complete classification of this Act to the Code, see Tables. -COD- CODIFICATION Section was enacted as part of the Department of Homeland Security Appropriations Act, 2006, and not as part of the Homeland Security Act of 2002 which comprises this chapter. -End- -CITE- 6 USC Sec. 115 01/07/2011 -EXPCITE- TITLE 6 - DOMESTIC SECURITY CHAPTER 1 - HOMELAND SECURITY ORGANIZATION SUBCHAPTER I - DEPARTMENT OF HOMELAND SECURITY -HEAD- Sec. 115. Trade and customs revenue functions of the Department -STATUTE- (a) Trade and customs revenue functions (1) Designation of appropriate official The Secretary shall designate an appropriate senior official in the office of the Secretary who shall - (A) ensure that the trade and customs revenue functions of the Department are coordinated within the Department and with other Federal departments and agencies, and that the impact on legitimate trade is taken into account in any action impacting the functions; and (B) monitor and report to Congress on the Department's mandate to ensure that the trade and customs revenue functions of the Department are not diminished, including how spending, operations, and personnel related to these functions have kept pace with the level of trade entering the United States. (2) Director of Trade Policy There shall be a Director of Trade Policy (in this subsection referred to as the "Director"), who shall be subject to the direction and control of the official designated pursuant to paragraph (1). The Director shall - (A) advise the official designated pursuant to paragraph (1) regarding all aspects of Department policies relating to the trade and customs revenue functions of the Department; (B) coordinate the development of Department-wide policies regarding trade and customs revenue functions and trade facilitation; and (C) coordinate the trade and customs revenue-related policies of the Department with the policies of other Federal departments and agencies. (b) Study; report (1) In general The Comptroller General of the United States shall conduct a study evaluating the extent to which the Department of Homeland Security is meeting its obligations under section 212(b) of this title with respect to the maintenance of customs revenue functions. (2) Analysis The study shall include an analysis of - (A) the extent to which the customs revenue functions carried out by the former United States Customs Service have been consolidated with other functions of the Department (including the assignment of noncustoms revenue functions to personnel responsible for customs revenue collection), discontinued, or diminished following the transfer of the United States Customs Service to the Department; (B) the extent to which staffing levels or resources attributable to customs revenue functions have decreased since the transfer of the United States Customs Service to the Department; and (C) the extent to which the management structure created by the Department ensures effective trade facilitation and customs revenue collection. (3) Report Not later than 180 days after October 13, 2006, the Comptroller General shall submit to the appropriate congressional committees a report on the results of the study conducted under subsection (a). (4) Maintenance of functions Not later than September 30, 2007, the Secretary shall ensure that the requirements of section 212(b) of this title are fully satisfied and shall report to the Committee on Finance of the Senate and the Committee on Ways and Means of the House of Representatives regarding implementation of this paragraph. (5) Definition In this section, the term "customs revenue functions" means the functions described in section 212(b)(2) of this title. (c) Consultation on trade and customs revenue functions (1) Business community consultations The Secretary shall consult with representatives of the business community involved in international trade, including seeking the advice and recommendations of the Commercial Operations Advisory Committee, on Department policies and actions that have a significant impact on international trade and customs revenue functions. (2) Congressional consultation and notification (A) In general Subject to subparagraph (B), the Secretary shall notify the appropriate congressional committees not later than 30 days prior to the finalization of any Department policies, initiatives, or actions that will have a major impact on trade and customs revenue functions. Such notifications shall include a description of the proposed policies, initiatives, or actions and any comments or recommendations provided by the Commercial Operations Advisory Committee and other relevant groups regarding the proposed policies, initiatives, or actions. (B) Exception If the Secretary determines that it is important to the national security interest of the United States to finalize any Department policies, initiatives, or actions prior to the consultation described in subparagraph (A), the Secretary shall - (i) notify and provide any recommendations of the Commercial Operations Advisory Committee received to the appropriate congressional committees not later than 45 days after the date on which the policies, initiatives, or actions are finalized; and (ii) to the extent appropriate, modify the policies, initiatives, or actions based upon the consultations with the appropriate congressional committees. (d) Notification of reorganization of customs revenue functions (1) In general Not less than 45 days prior to any change in the organization of any of the customs revenue functions of the Department, the Secretary shall notify the Committee on Appropriations, the Committee on Finance, and the Committee on Homeland Security and Governmental Affairs of the Senate, and the Committee on Appropriations, the Committee on Homeland Security, and the Committee on Ways and Means of the House of Representatives of the specific assets, functions, or personnel to be transferred as part of such reorganization, and the reason for such transfer. The notification shall also include - (A) an explanation of how trade enforcement functions will be impacted by the reorganization; (B) an explanation of how the reorganization meets the requirements of section 212(b) of this title that the Department not diminish the customs revenue and trade facilitation functions formerly performed by the United States Customs Service; and (C) any comments or recommendations provided by the Commercial Operations Advisory Committee regarding such reorganization. (2) Analysis Any congressional committee referred to in paragraph (1) may request that the Commercial Operations Advisory Committee provide a report to the committee analyzing the impact of the reorganization and providing any recommendations for modifying the reorganization. (3) Report Not later than 1 year after any reorganization referred to in paragraph (1) takes place, the Secretary, in consultation with the Commercial Operations Advisory Committee, shall submit a report to the Committee on Finance of the Senate and the Committee on Ways and Means of the House of Representatives. Such report shall include an assessment of the impact of, and any suggested modifications to, such reorganization. -SOURCE- (Pub. L. 109-347, title IV, Sec. 401, Oct. 13, 2006, 120 Stat. 1921.) -COD- CODIFICATION Section was enacted as part of the Security and Accountability For Every Port Act of 2006, also known as the SAFE Port Act, and not as part of the Homeland Security Act of 2002 which comprises this chapter. -CROSS- DEFINITIONS For definitions of terms used in this section, see section 901 of this title. -End- -CITE- 6 USC SUBCHAPTER II - INFORMATION ANALYSIS AND INFRASTRUCTURE PROTECTION 01/07/2011 -EXPCITE- TITLE 6 - DOMESTIC SECURITY CHAPTER 1 - HOMELAND SECURITY ORGANIZATION SUBCHAPTER II - INFORMATION ANALYSIS AND INFRASTRUCTURE PROTECTION -HEAD- SUBCHAPTER II - INFORMATION ANALYSIS AND INFRASTRUCTURE PROTECTION -End- -CITE- 6 USC Part A - Information and Analysis and Infrastructure Protection; Access to Information 01/07/2011 -EXPCITE- TITLE 6 - DOMESTIC SECURITY CHAPTER 1 - HOMELAND SECURITY ORGANIZATION SUBCHAPTER II - INFORMATION ANALYSIS AND INFRASTRUCTURE PROTECTION Part A - Information and Analysis and Infrastructure Protection; Access to Information -HEAD- PART A - INFORMATION AND ANALYSIS AND INFRASTRUCTURE PROTECTION; ACCESS TO INFORMATION -MISC1- AMENDMENTS 2007 - Pub. L. 110-53, title V, Sec. 531(b)(3), Aug. 3, 2007, 121 Stat. 334, substituted "Information and" for "Directorate for Information" in part heading. -End- -CITE- 6 USC Sec. 121 01/07/2011 -EXPCITE- TITLE 6 - DOMESTIC SECURITY CHAPTER 1 - HOMELAND SECURITY ORGANIZATION SUBCHAPTER II - INFORMATION ANALYSIS AND INFRASTRUCTURE PROTECTION Part A - Information and Analysis and Infrastructure Protection; Access to Information -HEAD- Sec. 121. Information and Analysis and Infrastructure Protection -STATUTE- (a) Intelligence and analysis and infrastructure protection There shall be in the Department an Office of Intelligence and Analysis and an Office of Infrastructure Protection. (b) Under Secretary for Intelligence and Analysis and Assistant Secretary for Infrastructure Protection (1) Office of Intelligence and Analysis The Office of Intelligence and Analysis shall be headed by an Under Secretary for Intelligence and Analysis, who shall be appointed by the President, by and with the advice and consent of the Senate. (2) Chief Intelligence Officer The Under Secretary for Intelligence and Analysis shall serve as the Chief Intelligence Officer of the Department. (3) Office of Infrastructure Protection The Office of Infrastructure Protection shall be headed by an Assistant Secretary for Infrastructure Protection, who shall be appointed by the President. (c) Discharge of responsibilities The Secretary shall ensure that the responsibilities of the Department relating to information analysis and infrastructure protection, including those described in subsection (d), are carried out through the Under Secretary for Intelligence and Analysis or the Assistant Secretary for Infrastructure Protection, as appropriate. (d) Responsibilities of Secretary relating to intelligence and analysis and infrastructure protection The responsibilities of the Secretary relating to intelligence and analysis and infrastructure protection shall be as follows: (1) To access, receive, and analyze law enforcement information, intelligence information, and other information from agencies of the Federal Government, State and local government agencies (including law enforcement agencies), and private sector entities, and to integrate such information, in support of the mission responsibilities of the Department and the functions of the National Counterterrorism Center established under section 119 of the National Security Act of 1947 (50 U.S.C. 404o), in order to - (A) identify and assess the nature and scope of terrorist threats to the homeland; (B) detect and identify threats of terrorism against the United States; and (C) understand such threats in light of actual and potential vulnerabilities of the homeland. (2) To carry out comprehensive assessments of the vulnerabilities of the key resources and critical infrastructure of the United States, including the performance of risk assessments to determine the risks posed by particular types of terrorist attacks within the United States (including an assessment of the probability of success of such attacks and the feasibility and potential efficacy of various countermeasures to such attacks). (3) To integrate relevant information, analysis, and vulnerability assessments (regardless of whether such information, analysis or assessments are provided by or produced by the Department) in order to - (A) identify priorities for protective and support measures regarding terrorist and other threats to homeland security by the Department, other agencies of the Federal Government, State, and local government agencies and authorities, the private sector, and other entities; and (B) prepare finished intelligence and information products in both classified and unclassified formats, as appropriate, whenever reasonably expected to be of benefit to a State, local, or tribal government (including a State, local, or tribal law enforcement agency) or a private sector entity. (4) To ensure, pursuant to section 122 of this title, the timely and efficient access by the Department to all information necessary to discharge the responsibilities under this section, including obtaining such information from other agencies of the Federal Government. (5) To develop a comprehensive national plan for securing the key resources and critical infrastructure of the United States, including power production, generation, and distribution systems, information technology and telecommunications systems (including satellites), electronic financial and property record storage and transmission systems, emergency preparedness communications systems, and the physical and technological assets that support such systems. (6) To recommend measures necessary to protect the key resources and critical infrastructure of the United States in coordination with other agencies of the Federal Government and in cooperation with State and local government agencies and authorities, the private sector, and other entities. (7) To review, analyze, and make recommendations for improvements to the policies and procedures governing the sharing of information within the scope of the information sharing environment established under section 485 of this title, including homeland security information, terrorism information, and weapons of mass destruction information, and any policies, guidelines, procedures, instructions, or standards established under that section. (8) To disseminate, as appropriate, information analyzed by the Department within the Department, to other agencies of the Federal Government with responsibilities relating to homeland security, and to agencies of State and local governments and private sector entities with such responsibilities in order to assist in the deterrence, prevention, preemption of, or response to, terrorist attacks against the United States. (9) To consult with the Director of National Intelligence and other appropriate intelligence, law enforcement, or other elements of the Federal Government to establish collection priorities and strategies for information, including law enforcement-related information, relating to threats of terrorism against the United States through such means as the representation of the Department in discussions regarding requirements and priorities in the collection of such information. (10) To consult with State and local governments and private sector entities to ensure appropriate exchanges of information, including law enforcement-related information, relating to threats of terrorism against the United States. (11) To ensure that - (A) any material received pursuant to this chapter is protected from unauthorized disclosure and handled and used only for the performance of official duties; and (B) any intelligence information under this chapter is shared, retained, and disseminated consistent with the authority of the Director of National Intelligence to protect intelligence sources and methods under the National Security Act of 1947 (50 U.S.C. 401 et seq.) and related procedures and, as appropriate, similar authorities of the Attorney General concerning sensitive law enforcement information. (12) To request additional information from other agencies of the Federal Government, State and local government agencies, and the private sector relating to threats of terrorism in the United States, or relating to other areas of responsibility assigned by the Secretary, including the entry into cooperative agreements through the Secretary to obtain such information. (13) To establish and utilize, in conjunction with the chief information officer of the Department, a secure communications and information technology infrastructure, including data-mining and other advanced analytical tools, in order to access, receive, and analyze data and information in furtherance of the responsibilities under this section, and to disseminate information acquired and analyzed by the Department, as appropriate. (14) To ensure, in conjunction with the chief information officer of the Department, that any information databases and analytical tools developed or utilized by the Department - (A) are compatible with one another and with relevant information databases of other agencies of the Federal Government; and (B) treat information in such databases in a manner that complies with applicable Federal law on privacy. (15) To coordinate training and other support to the elements and personnel of the Department, other agencies of the Federal Government, and State and local governments that provide information to the Department, or are consumers of information provided by the Department, in order to facilitate the identification and sharing of information revealed in their ordinary duties and the optimal utilization of information received from the Department. (16) To coordinate with elements of the intelligence community and with Federal, State, and local law enforcement agencies, and the private sector, as appropriate. (17) To provide intelligence and information analysis and support to other elements of the Department. (18) To coordinate and enhance integration among the intelligence components of the Department, including through strategic oversight of the intelligence activities of such components. (19) To establish the intelligence collection, processing, analysis, and dissemination priorities, policies, processes, standards, guidelines, and procedures for the intelligence components of the Department, consistent with any directions from the President and, as applicable, the Director of National Intelligence. (20) To establish a structure and process to support the missions and goals of the intelligence components of the Department. (21) To ensure that, whenever possible, the Department - (A) produces and disseminates unclassified reports and analytic products based on open-source information; and (B) produces and disseminates such reports and analytic products contemporaneously with reports or analytic products concerning the same or similar information that the Department produced and disseminated in a classified format. (22) To establish within the Office of Intelligence and Analysis an internal continuity of operations plan. (23) Based on intelligence priorities set by the President, and guidance from the Secretary and, as appropriate, the Director of National Intelligence - (A) to provide to the heads of each intelligence component of the Department guidance for developing the budget pertaining to the activities of such component; and (B) to present to the Secretary a recommendation for a consolidated budget for the intelligence components of the Department, together with any comments from the heads of such components. (24) To perform such other duties relating to such responsibilities as the Secretary may provide. (25) To prepare and submit to the Committee on Homeland Security and Governmental Affairs of the Senate and the Committee on Homeland Security in the House of Representatives, and to other appropriate congressional committees having jurisdiction over the critical infrastructure or key resources, for each sector identified in the National Infrastructure Protection Plan, a report on the comprehensive assessments carried out by the Secretary of the critical infrastructure and key resources of the United States, evaluating threat, vulnerability, and consequence, as required under this subsection. Each such report - (A) shall contain, if applicable, actions or countermeasures recommended or taken by the Secretary or the head of another Federal agency to address issues identified in the assessments; (B) shall be required for fiscal year 2007 and each subsequent fiscal year and shall be submitted not later than 35 days after the last day of the fiscal year covered by the report; and (C) may be classified. (e) Staff (1) In general The Secretary shall provide the Office of Intelligence and Analysis and the Office of Infrastructure Protection with a staff of analysts having appropriate expertise and experience to assist such offices in discharging responsibilities under this section. (2) Private sector analysts Analysts under this subsection may include analysts from the private sector. (3) Security clearances Analysts under this subsection shall possess security clearances appropriate for their work under this section. (f) Detail of personnel (1) In general In order to assist the Office of Intelligence and Analysis and the Office of Infrastructure Protection in discharging responsibilities under this section, personnel of the agencies referred to in paragraph (2) may be detailed to the Department for the performance of analytic functions and related duties. (2) Covered agencies The agencies referred to in this paragraph are as follows: (A) The Department of State. (B) The Central Intelligence Agency. (C) The Federal Bureau of Investigation. (D) The National Security Agency. (E) The National Geospatial-Intelligence Agency. (F) The Defense Intelligence Agency. (G) Any other agency of the Federal Government that the President considers appropriate. (3) Cooperative agreements The Secretary and the head of the agency concerned may enter into cooperative agreements for the purpose of detailing personnel under this subsection. (4) Basis The detail of personnel under this subsection may be on a reimbursable or non-reimbursable basis. (g) Functions transferred In accordance with subchapter XII of this chapter, there shall be transferred to the Secretary, for assignment to the Office of Intelligence and Analysis and the Office of Infrastructure Protection under this section, the functions, personnel, assets, and liabilities of the following: (1) The National Infrastructure Protection Center of the Federal Bureau of Investigation (other than the Computer Investigations and Operations Section), including the functions of the Attorney General relating thereto. (2) The National Communications System of the Department of Defense, including the functions of the Secretary of Defense relating thereto. (3) The Critical Infrastructure Assurance Office of the Department of Commerce, including the functions of the Secretary of Commerce relating thereto. (4) The National Infrastructure Simulation and Analysis Center of the Department of Energy and the energy security and assurance program and activities of the Department, including the functions of the Secretary of Energy relating thereto. (5) The Federal Computer Incident Response Center of the General Services Administration, including the functions of the Administrator of General Services relating thereto. -SOURCE- (Pub. L. 107-296, title II, Sec. 201, Nov. 25, 2002, 116 Stat. 2145; Pub. L. 110-53, title V, Secs. 501(a)(2)(A), (b), 531(a), title X, Sec. 1002(a), Aug. 3, 2007, 121 Stat. 309, 332, 374; Pub. L. 110-417, [div. A], title IX, Sec. 931(b)(5), Oct. 14, 2008, 122 Stat. 4575; Pub. L. 111-84, div. A, title X, Sec. 1073(c)(9), Oct. 28, 2009, 123 Stat. 2475; Pub. L. 111-258, Sec. 5(b)(1), Oct. 7, 2010, 124 Stat. 2650.) -REFTEXT- REFERENCES IN TEXT This chapter, referred to in subsec. (d)(11), was in the original "this Act", meaning Pub. L. 107-296, Nov. 25, 2002, 116 Stat. 2135, known as the Homeland Security Act of 2002, which is classified principally to this chapter. For complete classification of this Act to the Code, see Short Title note set out under section 101 of this title and Tables. The National Security Act of 1947, referred to in subsec. (d)(11)(B), is act July 26, 1947, ch. 343, 61 Stat. 495, as amended. For complete classification of this Act to the Code, see Short Title note set out under section 401 of Title 50, War and National Defense, and Tables. -COD- CODIFICATION Section is comprised of section 201 of Pub. L. 107-296. Subsec. (h) of section 201 of Pub. L. 107-296 amended section 401a of Title 50, War and National Defense. -MISC1- AMENDMENTS 2010 - Subsec. (d)(3). Pub. L. 111-258 amended par. (3) generally. Prior to amendment, par. (3) read as follows: "To integrate relevant information, analyses, and vulnerability assessments (whether such information, analyses, or assessments are provided or produced by the Department or others) in order to identify priorities for protective and support measures by the Department, other agencies of the Federal Government, State and local government agencies and authorities, the private sector, and other entities." 2009 - Subsec. (f)(2)(E). Pub. L. 111-84 made technical amendment to directory language of Pub. L. 110-417. See 2008 amendment note below. 2008 - Subsec. (f)(2)(E). Pub. L. 110-417, Sec. 931(b)(5), as amended by Pub. L. 111-84, substituted "National Geospatial- Intelligence Agency" for "National Imagery and Mapping Agency". 2007 - Pub. L. 110-53, Sec. 531(a)(1), substituted "Information and" for "Directorate for Information" in section catchline. Subsecs. (a) to (c). Pub. L. 110-53, Sec. 531(a)(2), added subsecs. (a) to (c) and struck out former subsecs. (a) to (c) which related to, in subsec. (a), establishment and responsibilities of Directorate for Information Analysis and Infrastructure Protection, in subsec. (b), positions of Assistant Secretary for Information Analysis and Assistant Secretary for Infrastructure Protection, and, in subsec. (c), Secretary's duty to ensure that responsibilities regarding information analysis and infrastructure protection would be carried out through the Under Secretary for Information Analysis and Infrastructure Protection. Subsec. (d). Pub. L. 110-53, Sec. 531(a)(3), substituted "Secretary relating to intelligence and analysis and infrastructure protection" for "Under Secretary" in heading and "The responsibilities of the Secretary relating to intelligence and analysis and infrastructure protection" for "Subject to the direction and control of the Secretary, the responsibilities of the Under Secretary for Information Analysis and Infrastructure Protection" in introductory provisions. Subsec. (d)(1). Pub. L. 110-53, Sec. 501(b)(1), inserted ", in support of the mission responsibilities of the Department and the functions of the National Counterterrorism Center established under section 119 of the National Security Act of 1947 (50 U.S.C. 404o)," after "to integrate such information" in introductory provisions. Subsec. (d)(7). Pub. L. 110-53, Sec. 501(b)(2), added par. (7) and struck out former par. (7) which read as follows: "To review, analyze, and make recommendations for improvements in the policies and procedures governing the sharing of law enforcement information, intelligence information, intelligence-related information, and other information relating to homeland security within the Federal Government and between the Federal Government and State and local government agencies and authorities." Pub. L. 110-53, Sec. 501(a)(2)(A), redesignated par. (8) as (7) and struck out former par. (7) which read as follows: "To administer the Homeland Security Advisory System, including - "(A) exercising primary responsibility for public advisories related to threats to homeland security; and "(B) in coordination with other agencies of the Federal Government, providing specific warning information, and advice about appropriate protective measures and countermeasures, to State and local government agencies and authorities, the private sector, other entities, and the public." Subsec. (d)(8). Pub. L. 110-53, Sec. 501(a)(2)(A)(ii), redesignated par. (9) as (8). Former par. (8) redesignated (7). Subsec. (d)(9). Pub. L. 110-53, Sec. 531(a)(3)(C), substituted "Director of National Intelligence" for "Director of Central Intelligence". Pub. L. 110-53, Sec. 501(a)(2)(A)(ii), redesignated par. (10) as (9). Former par. (9) redesignated (8). Subsec. (d)(10). Pub. L. 110-53, Sec. 501(a)(2)(A)(ii), redesignated par. (11) as (10). Former par. (10) redesignated (9). Subsec. (d)(11). Pub. L. 110-53, Sec. 501(a)(2)(A)(ii), redesignated par. (12) as (11). Former par. (11) redesignated (10). Subsec. (d)(11)(B). Pub. L. 110-53, Sec. 531(a)(3)(D), substituted "Director of National Intelligence" for "Director of Central Intelligence". Subsec. (d)(12) to (17). Pub. L. 110-53, Sec. 501(a)(2)(A)(ii), redesignated pars. (13) to (18) as (12) to (17), respectively. Former par. (12) redesignated (11). Subsec. (d)(18). Pub. L. 110-53, Sec. 531(a)(3)(E), (F), added par. (18) and redesignated former par. (18) as (24). Pub. L. 110-53, Sec. 501(a)(2)(A)(ii), redesignated par. (19) as (18). Former par. (18) redesignated (17). Subsec. (d)(19). Pub. L. 110-53, Sec. 531(a)(3)(F), added par. (19). Pub. L. 110-53, Sec. 501(a)(2)(A)(ii), redesignated par. (19) as (18). Subsec. (d)(20) to (23). Pub. L. 110-53, Sec. 531(a)(3)(F), added pars. (20) to (23). Subsec. (d)(24). Pub. L. 110-53, Sec. 531(a)(3)(E), redesignated par. (18) as (24). Subsec. (d)(25). Pub. L. 110-53, Sec. 1002(a), added par. (25). Subsec. (e)(1). Pub. L. 110-53, Sec. 531(a)(4), substituted "provide the Office of Intelligence and Analysis and the Office of Infrastructure Protection" for "provide the Directorate" and "assist such offices in discharging" for "assist the Directorate in discharging". Subsec. (f)(1). Pub. L. 110-53, Sec. 531(a)(5), substituted "Office of Intelligence and Analysis and the Office of Infrastructure Protection" for "Directorate". Subsec. (g). Pub. L. 110-53, Sec. 531(a)(6), substituted "Office of Intelligence and Analysis and the Office of Infrastructure Protection" for "Under Secretary for Information Analysis and Infrastructure Protection" in introductory provisions. EFFECTIVE DATE OF 2009 AMENDMENT Pub. L. 111-84, div. A, title X, Sec. 1073(c), Oct. 28, 2009, 123 Stat. 2474, provided that the amendment by section 1073(c)(9) is effective as of Oct. 14, 2008, and as if included in Pub. L. 110- 417 as enacted. REGULATIONS Pub. L. 109-295, title V, Sec. 550, Oct. 4, 2006, 120 Stat. 1388, as amended by Pub. L. 110-161, div. E, title V, Sec. 534, Dec. 26, 2007, 121 Stat. 2075; Pub. L. 111-83, title V, Sec. 550, Oct. 28, 2009, 123 Stat. 2177, provided that: "(a) No later than six months after the date of enactment of this Act [Oct. 4, 2006], the Secretary of Homeland Security shall issue interim final regulations establishing risk-based performance standards for security of chemical facilities and requiring vulnerability assessments and the development and implementation of site security plans for chemical facilities: Provided, That such regulations shall apply to chemical facilities that, in the discretion of the Secretary, present high levels of security risk: Provided further, That such regulations shall permit each such facility, in developing and implementing site security plans, to select layered security measures that, in combination, appropriately address the vulnerability assessment and the risk- based performance standards for security for the facility: Provided further, That the Secretary may not disapprove a site security plan submitted under this section based on the presence or absence of a particular security measure, but the Secretary may disapprove a site security plan if the plan fails to satisfy the risk-based performance standards established by this section: Provided further, That the Secretary may approve alternative security programs established by private sector entities, Federal, State, or local authorities, or other applicable laws if the Secretary determines that the requirements of such programs meet the requirements of this section and the interim regulations: Provided further, That the Secretary shall review and approve each vulnerability assessment and site security plan required under this section: Provided further, That the Secretary shall not apply regulations issued pursuant to this section to facilities regulated pursuant to the Maritime Transportation Security Act of 2002, Public Law 107-295, as amended [see Tables for classification]; Public Water Systems, as defined by section 1401 of the Safe Drinking Water Act, Public Law 93-523, as amended [42 U.S.C. 300f]; Treatment Works as defined in section 212 of the Federal Water Pollution Control Act, Public Law 92-500, as amended [33 U.S.C. 1292]; any facility owned or operated by the Department of Defense or the Department of Energy, or any facility subject to regulation by the Nuclear Regulatory Commission. "(b) Interim regulations issued under this section shall apply until the effective date of interim or final regulations promulgated under other laws that establish requirements and standards referred to in subsection (a) and expressly supersede this section: Provided, That the authority provided by this section shall terminate on October 4, 2010. "(c) Notwithstanding any other provision of law and subsection (b), information developed under this section, including vulnerability assessments, site security plans, and other security related information, records, and documents shall be given protections from public disclosure consistent with similar information developed by chemical facilities subject to regulation under section 70103 of title 46, United States Code: Provided, That this subsection does not prohibit the sharing of such information, as the Secretary deems appropriate, with State and local government officials possessing the necessary security clearances, including law enforcement officials and first responders, for the purpose of carrying out this section, provided that such information may not be disclosed pursuant to any State or local law: Provided further, That in any proceeding to enforce this section, vulnerability assessments, site security plans, and other information submitted to or obtained by the Secretary under this section, and related vulnerability or security information, shall be treated as if the information were classified material. "(d) Any person who violates an order issued under this section shall be liable for a civil penalty under section 70119(a) of title 46, United States Code: Provided, That nothing in this section confers upon any person except the Secretary a right of action against an owner or operator of a chemical facility to enforce any provision of this section. "(e) The Secretary of Homeland Security shall audit and inspect chemical facilities for the purposes of determining compliance with the regulations issued pursuant to this section. "(f) Nothing in this section shall be construed to supersede, amend, alter, or affect any Federal law that regulates the manufacture, distribution in commerce, use, sale, other treatment, or disposal of chemical substances or mixtures. "(g) If the Secretary determines that a chemical facility is not in compliance with this section, the Secretary shall provide the owner or operator with written notification (including a clear explanation of deficiencies in the vulnerability assessment and site security plan) and opportunity for consultation, and issue an order to comply by such date as the Secretary determines to be appropriate under the circumstances: Provided, That if the owner or operator continues to be in noncompliance, the Secretary may issue an order for the facility to cease operation, until the owner or operator complies with the order. "(h) This section shall not preclude or deny any right of any State or political subdivision thereof to adopt or enforce any regulation, requirement, or standard of performance with respect to chemical facility security that is more stringent than a regulation, requirement, or standard of performance issued under this section, or otherwise impair any right or jurisdiction of any State with respect to chemical facilities within that State, unless there is an actual conflict between this section and the law of that State." CYBERSECURITY OVERSIGHT Pub. L. 111-259, title III, Sec. 336, Oct. 7, 2010, 124 Stat. 2689, provided that: "(a) Notification of Cybersecurity Programs. - "(1) Requirement for notification. - "(A) Existing programs. - Not later than 30 days after the date of the enactment of this Act [Oct. 7, 2010], the President shall submit to Congress a notification for each cybersecurity program in operation on such date that includes the documentation referred to in subparagraphs (A) through (F) of paragraph (2). "(B) New programs. - Not later than 30 days after the date of the commencement of operations of a new cybersecurity program, the President shall submit to Congress a notification of such commencement that includes the documentation referred to in subparagraphs (A) through (F) of paragraph (2). "(2) Documentation. - A notification required by paragraph (1) for a cybersecurity program shall include - "(A) the legal basis for the cybersecurity program; "(B) the certification, if any, made pursuant to section 2511(2)(a)(ii)(B) of title 18, United States Code, or other statutory certification of legality for the cybersecurity program; "(C) the concept for the operation of the cybersecurity program that is approved by the head of the appropriate department or agency of the United States; "(D) the assessment, if any, of the privacy impact of the cybersecurity program prepared by the privacy or civil liberties protection officer or comparable officer of such department or agency; "(E) the plan, if any, for independent audit or review of the cybersecurity program to be carried out by the head of such department or agency, in conjunction with the appropriate inspector general; and "(F) recommendations, if any, for legislation to improve the capabilities of the United States Government to protect the cybersecurity of the United States. "(b) Program Reports. - "(1) Requirement for reports. - The head of a department or agency of the United States with responsibility for a cybersecurity program for which a notification was submitted under subsection (a), in consultation with the inspector general for that department or agency, shall submit to Congress and the President a report on such cybersecurity program that includes - "(A) the results of any audit or review of the cybersecurity program carried out under the plan referred to in subsection (a)(2)(E), if any; and "(B) an assessment of whether the implementation of the cybersecurity program - "(i) is in compliance with - "(I) the legal basis referred to in subsection (a)(2)(A); and "(II) an assessment referred to in subsection (a)(2)(D), if any; "(ii) is adequately described by the concept of operation referred to in subsection (a)(2)(C); and "(iii) includes an adequate independent audit or review system and whether improvements to such independent audit or review system are necessary. "(2) Schedule for submission of reports. - "(A) Existing programs. - Not later than 180 days after the date of the enactment of this Act [Oct. 7, 2010], and annually thereafter, the head of a department or agency of the United States with responsibility for a cybersecurity program for which a notification is required to be submitted under subsection (a)(1)(A) shall submit a report required under paragraph (1). "(B) New programs. - Not later than 120 days after the date on which a certification is submitted under subsection (a)(1)(B), and annually thereafter, the head of a department or agency of the United States with responsibility for the cybersecurity program for which such certification is submitted shall submit a report required under paragraph (1). "(3) Cooperation and coordination. - "(A) Cooperation. - The head of each department or agency of the United States required to submit a report under paragraph (1) for a particular cybersecurity program, and the inspector general of each such department or agency, shall, to the extent practicable, work in conjunction with any other such head or inspector general required to submit such a report for such cybersecurity program. "(B) Coordination. - The heads of all of the departments and agencies of the United States required to submit a report under paragraph (1) for a particular cybersecurity program shall designate one such head to coordinate the conduct of the reports on such program. "(c) Information Sharing Report. - Not later than one year after the date of the enactment of this Act [Oct. 7, 2010], the Inspector General of the Department of Homeland Security and the Inspector General of the Intelligence Community shall jointly submit to Congress and the President a report on the status of the sharing of cyber-threat information, including - "(1) a description of how cyber-threat intelligence information, including classified information, is shared among the agencies and departments of the United States and with persons responsible for critical infrastructure; "(2) a description of the mechanisms by which classified cyber- threat information is distributed; "(3) an assessment of the effectiveness of cyber-threat information sharing and distribution; and "(4) any other matters identified by either Inspector General that would help to fully inform Congress or the President regarding the effectiveness and legality of cybersecurity programs. "(d) Personnel Details. - "(1) Authority to detail. - Notwithstanding any other provision of law, the head of an element of the intelligence community that is funded through the National Intelligence Program may detail an officer or employee of such element to the National Cyber Investigative Joint Task Force or to the Department of Homeland Security to assist the Task Force or the Department with cybersecurity, as jointly agreed by the head of such element and the Task Force or the Department. "(2) Basis for detail. - A personnel detail made under paragraph (1) may be made - "(A) for a period of not more than three years; and "(B) on a reimbursable or nonreimbursable basis. "(e) Additional Plan. - Not later than 180 days after the date of the enactment of this Act [Oct. 7, 2010], the Director of National Intelligence shall submit to Congress a plan for recruiting, retaining, and training a highly-qualified cybersecurity intelligence community workforce to secure the networks of the intelligence community. Such plan shall include - "(1) an assessment of the capabilities of the current workforce; "(2) an examination of issues of recruiting, retention, and the professional development of such workforce, including the possibility of providing retention bonuses or other forms of compensation; "(3) an assessment of the benefits of outreach and training with both private industry and academic institutions with respect to such workforce; "(4) an assessment of the impact of the establishment of the Department of Defense Cyber Command on such workforce; "(5) an examination of best practices for making the intelligence community workforce aware of cybersecurity best practices and principles; and "(6) strategies for addressing such other matters as the Director of National Intelligence considers necessary to the cybersecurity of the intelligence community. "(f) Report on Guidelines and Legislation To Improve Cybersecurity of the United States. - "(1) Initial. - Not later than one year after the date of the enactment of this Act [Oct. 7, 2010], the Director of National Intelligence, in coordination with the Attorney General, the Director of the National Security Agency, the White House Cybersecurity Coordinator, and any other officials the Director of National Intelligence considers appropriate, shall submit to Congress a report containing guidelines or legislative recommendations, if appropriate, to improve the capabilities of the intelligence community and law enforcement agencies to protect the cybersecurity of the United States. Such report shall include guidelines or legislative recommendations on - "(A) improving the ability of the intelligence community to detect hostile actions and attribute attacks to specific parties; "(B) the need for data retention requirements to assist the intelligence community and law enforcement agencies; "(C) improving the ability of the intelligence community to anticipate nontraditional targets of foreign intelligence services; and "(D) the adequacy of existing criminal statutes to successfully deter cyber attacks, including statutes criminalizing the facilitation of criminal acts, the scope of laws for which a cyber crime constitutes a predicate offense, trespassing statutes, data breach notification requirements, and victim restitution statutes. "(2) Subsequent. - Not later than one year after the date on which the initial report is submitted under paragraph (1), and annually thereafter for two years, the Director of National Intelligence, in consultation with the Attorney General, the Director of the National Security Agency, the White House Cybersecurity Coordinator, and any other officials the Director of National Intelligence considers appropriate, shall submit to Congress an update of the report required under paragraph (1). "(g) Sunset. - The requirements and authorities of subsections (a) through (e) shall terminate on December 31, 2013. "(h) Definitions. - In this section: "(1) Cybersecurity program. - The term 'cybersecurity program' means a class or collection of similar cybersecurity operations of a department or agency of the United States that involves personally identifiable data that is - "(A) screened by a cybersecurity system outside of the department or agency of the United States that was the intended recipient of the personally identifiable data; "(B) transferred, for the purpose of cybersecurity, outside the department or agency of the United States that was the intended recipient of the personally identifiable data; or "(C) transferred, for the purpose of cybersecurity, to an element of the intelligence community. "(2) National cyber investigative joint task force. - The term 'National Cyber Investigative Joint Task Force' means the multiagency cyber investigation coordination organization overseen by the Director of the Federal Bureau of Investigation known as the National Cyber Investigative Joint Task Force that coordinates, integrates, and provides pertinent information related to cybersecurity investigations. "(3) Critical infrastructure. - The term 'critical infrastructure' has the meaning given that term in section 1016 of the USA PATRIOT Act (42 U.S.C. 5195c)." [For definition of "intelligence community" as used in section 336 of Pub. L. 111-259, set out above, see section 2 of Pub. L. 111- 259, set out as a note under section 401a of Title 50, War and National Defense.] TREATMENT OF INCUMBENT UNDER SECRETARY FOR INTELLIGENCE AND ANALYSIS Pub. L. 110-53, title V, Sec. 531(c), Aug. 3, 2007, 121 Stat. 335, provided that: "The individual administratively performing the duties of the Under Secretary for Intelligence and Analysis as of the date of the enactment of this Act [Aug. 3, 2007] may continue to perform such duties after the date on which the President nominates an individual to serve as the Under Secretary pursuant to section 201 of the Homeland Security Act of 2002 [6 U.S.C. 121], as amended by this section, and until the individual so appointed assumes the duties of the position." REPORTS TO BE SUBMITTED TO CERTAIN COMMITTEES Pub. L. 110-53, title XXIV, Sec. 2403, Aug. 3, 2007, 121 Stat. 547, provided that: "The Committee on Commerce, Science, and Transportation of the Senate shall receive the reports required by the following provisions of law in the same manner and to the same extent that the reports are to be received by the Committee on Homeland Security and Governmental Affairs of the Senate: "(1) Section 1016(j)(1) of the Intelligence Reform and Terrorist [Terrorism] Prevention Act of 2004 (6 U.S.C. 485(j)(1)). "(2) Section 511(d) of this Act [121 Stat. 323]. "(3) Subsection (a)(3)(D) of section 2022 of the Homeland Security Act of 2002 [6 U.S.C. 612(a)(3)(D)], as added by section 101 of this Act. "(4) Section 7215(d) of the Intelligence Reform and Terrorism Prevention Act of 2004 (6 U.S.C. 123(d)). "(5) Section 7209(b)(1)(C) of the Intelligence Reform and Terrorism Prevention Act of 2004 [Pub. L. 108-458] (8 U.S.C. 1185 note). "(6) Section 804(c) of this Act [42 U.S.C. 2000ee-3(c)]. "(7) Section 901(b) of this Act [121 Stat. 370]. "(8) Section 1002(a) of this Act [amending this section]. "(9) Title III of this Act [enacting sections 579 and 580 of this title and amending sections 194 and 572 of this title]." SECURITY MANAGEMENT SYSTEMS DEMONSTRATION PROJECT Pub. L. 110-53, title XXIV, Sec. 2404, Aug. 3, 2007, 121 Stat. 548, provided that: "(a) Demonstration Project Required. - Not later than 120 days after the date of enactment of this Act [Aug. 3, 2007], the Secretary of Homeland Security shall - "(1) establish a demonstration project to conduct demonstrations of security management systems that - "(A) shall use a management system standards approach; and "(B) may be integrated into quality, safety, environmental and other internationally adopted management systems; and "(2) enter into one or more agreements with a private sector entity to conduct such demonstrations of security management systems. "(b) Security Management System Defined. - In this section, the term 'security management system' means a set of guidelines that address the security assessment needs of critical infrastructure and key resources that are consistent with a set of generally accepted management standards ratified and adopted by a standards making body." -EXEC- EX. ORD. NO. 13231. CRITICAL INFRASTRUCTURE PROTECTION IN THE INFORMATION AGE Ex. Ord. No. 13231, Oct. 16, 2001, 66 F.R. 53063, as amended by Ex. Ord. No. 13284, Sec. 2, Jan. 23, 2003, 68 F.R. 4075; Ex. Ord. No. 13286, Sec. 7, Feb. 28, 2003, 68 F.R. 10620; Ex. Ord. No. 13385, Sec. 5, Sept. 29, 2005, 70 F.R. 57990, provided: By the authority vested in me as President by the Constitution and the laws of the United States of America, and in order to ensure protection of information systems for critical infrastructure, including emergency preparedness communications and the physical assets that support such systems, in the information age, it is hereby ordered as follows: Section 1. Policy. The information technology revolution has changed the way business is transacted, government operates, and national defense is conducted. Those three functions now depend on an interdependent network of critical information infrastructures. It is the policy of the United States to protect against disruption of the operation of information systems for critical infrastructure and thereby help to protect the people, economy, essential human and government services, and national security of the United States, and to ensure that any disruptions that occur are infrequent, of minimal duration, and manageable, and cause the least damage possible. The implementation of this policy shall include a voluntary public-private partnership, involving corporate and nongovernmental organizations. Sec. 2. Continuing Authorities. This order does not alter the existing authorities or roles of United States Government departments and agencies. Authorities set forth in 44 U.S.C. chapter 35, and other applicable law, provide senior officials with responsibility for the security of Federal Government information systems. (a) Executive Branch Information Systems Security. The Director of the Office of Management and Budget (OMB) has the responsibility to develop and oversee the implementation of government-wide policies, principles, standards, and guidelines for the security of information systems that support the executive branch departments and agencies, except those noted in section 2(b) of this order. The Director of OMB shall advise the President and the appropriate department or agency head when there is a critical deficiency in the security practices within the purview of this section in an executive branch department or agency. (b) National Security Information Systems. The Secretary of Defense and the Director of Central Intelligence (DCI) shall have responsibility to oversee, develop, and ensure implementation of policies, principles, standards, and guidelines for the security of information systems that support the operations under their respective control. In consultation with the Assistant to the President for National Security Affairs and the affected departments and agencies, the Secretary of Defense and the DCI shall develop policies, principles, standards, and guidelines for the security of national security information systems that support the operations of other executive branch departments and agencies with national security information. (i) Policies, principles, standards, and guidelines developed under this subsection may require more stringent protection than those developed in accordance with section 2(a) of this order. (ii) The Assistant to the President for National Security Affairs shall advise the President and the appropriate department or agency when there is a critical deficiency in the security practices of a department or agency within the purview of this section. (iii) National Security Systems. The National Security Telecommunications and Information Systems Security Committee, as established by and consistent with NSD-42 and chaired by the Department of Defense, shall be designated as the "Committee on National Security Systems." (c) Additional Responsibilities. The heads of executive branch departments and agencies are responsible and accountable for providing and maintaining adequate levels of security for information systems, including emergency preparedness communications systems, for programs under their control. Heads of such departments and agencies shall ensure the development and, within available appropriations, funding of programs that adequately address these mission systems, especially those critical systems that support the national security and other essential government programs. Additionally, security should enable, and not unnecessarily impede, department and agency business operations. Sec. 3. The National Infrastructure Advisory Council. The National Infrastructure Advisory Council (NIAC), established on October 16, 2001, shall provide the President through the Secretary of Homeland Security with advice on the security of the critical infrastructure sectors and their information systems. (a) Membership. The NIAC shall be composed of not more than 30 members appointed by the President, taking appropriate account of the benefits of having members (i) from the private sector, including but not limited to banking and finance, transportation, energy, communications, and emergency services organizations and institutions of higher learning, and State, local, and tribal governments, (ii) with senior leadership responsibilities for the reliability and availability, which include security, of the critical infrastructure and key resource sectors, (iii) with expertise relevant to the functions of the NIAC, and (iv) with experience equivalent to that of a chief executive of an organization. Unless otherwise determined by the President, no full- time officer or employee of the executive branch shall be appointed to serve as a member of the NIAC. The President shall designate from among the members of the NIAC a Chair and a Vice Chair, who shall perform the functions of the Chair if the Chair is absent, disabled, or in the instance of a vacancy in the Chair. (b) Functions of the NIAC. The NIAC shall meet periodically to: (i) enhance the partnership of the public and private sectors in protecting critical infrastructures and their information systems and provide reports on this issue to the President through the Secretary of Homeland Security, as appropriate; (ii) propose and develop ways to encourage private industry to perform periodic risk assessments; (iii) monitor the development and operations of private sector coordinating councils and their information sharing mechanisms and provide recommendations to the President through the Secretary of Homeland Security on how these organizations can best foster improved cooperation among the sectors, the Department of Homeland Security, and other Federal Government entities; (iv) report to the President through the Secretary of Homeland Security, who shall ensure appropriate coordination with the Assistant to the President for Homeland Security and Counterterrorism, the Assistant to the President for Economic Policy, and the Assistant to the President for National Security Affairs under the terms of this order; and (v) advise sector specific agencies with critical infrastructure responsibilities to include issues pertaining to sector and government coordinating councils and their information sharing mechanisms. (c) Administration of the NIAC. (i) The NIAC may hold hearings, conduct inquiries, and establish subcommittees, as appropriate. (ii) Upon request of the Chair, and to the extent permitted by law, the heads of the executive departments and agencies shall provide the NIAC with information and advice relating to its functions. (iii) Senior Federal Government officials may participate in the meetings of the NIAC, as appropriate. (iv) Members shall serve without compensation for their work on the NIAC. However, members may be reimbursed for travel expenses, including per diem in lieu of subsistence, as authorized by law for persons serving intermittently in Federal Government service (5 U.S.C. 5701-5707). (v) To the extent permitted by law and subject to the availability of appropriations, the Department of Homeland Security shall provide the NIAC with administrative services, staff, and other support services, and such funds as may be necessary for the performance of the NIAC's functions. Sec. 4. Judicial Review. This order does not create any right or benefit, substantive or procedural, enforceable at law or in equity, against the United States, its departments, agencies, or other entities, its officers or employees, or any other person. George W. Bush. EXTENSION OF TERM OF NATIONAL INFRASTRUCTURE ADVISORY COUNCIL Term of the National Infrastructure Advisory Council extended until Sept. 30, 2005, by Ex. Ord. No. 13316, Sept. 17, 2003, 68 F.R. 55255, formerly set out as a note under section 14 of the Federal Advisory Committee Act in the Appendix to Title 5, Government Organizations and Employees. Term of the National Infrastructure Advisory Council extended until Sept. 30, 2007, by Ex. Ord. No. 13385, Sept. 29, 2005, 70 F.R. 57989, formerly set out as a note under section 14 of the Federal Advisory Committee Act in the Appendix to Title 5. Term of the National Infrastructure Advisory Council extended until Sept. 30, 2009, by Ex. Ord. No. 13446, Sept. 28, 2007, 72 F.R. 56175, formerly set out as a note under section 14 of the Federal Advisory Committee Act in the Appendix to Title 5. Term of the National Infrastructure Advisory Council extended until Sept. 30, 2011, by Ex. Ord. No. 13511, Sept. 29, 2009, 74 F.R. 50909, set out as a note under section 14 of the Federal Advisory Committee Act in the Appendix to Title 5. EX. ORD. NO. 13284. AMENDMENT OF EXECUTIVE ORDERS, AND OTHER ACTIONS, IN CONNECTION WITH THE ESTABLISHMENT OF THE DEPARTMENT OF HOMELAND SECURITY Ex. Ord. No. 13284, Jan. 23, 2003, 68 F.R. 4075, provided: By the authority vested in me as President by the Constitution and the laws of the United States of America, including the Homeland Security Act of 2002 (Public Law 107-296) [see Tables for classification], and the National Security Act of 1947, as amended (50 U.S.C. 401 et seq.), and in order to reflect responsibilities vested in the Secretary of Homeland Security and take other actions in connection with the establishment of the Department of Homeland Security, it is hereby ordered as follows: Section 1. [Amended Ex. Ord. No. 13234.] Sec. 2. [Amended Ex. Ord. No. 13231, set out above.] Sec. 3. Executive Order 13228 of October 8, 2001 ("Establishing the Office of Homeland Security and the Homeland Security Council") [50 U.S.C. 402 note], is amended by inserting "the Secretary of Homeland Security," after "the Secretary of Transportation," in section 5(b). Further, during the period from January 24, 2003, until March 1, 2003, the Secretary of Homeland Security shall have the responsibility for coordinating the domestic response efforts otherwise assigned to the Assistant to the President for Homeland Security pursuant to section 3(g) of Executive Order 13228. Sec. 4. [Amended Ex. Ord. No. 13224, listed in a table under section 1701 of Title 50, War and National Defense.] Sec. 5. [Amended Ex. Ord. No. 13151, set out as a note under section 5195 of Title 42, The Public Health and Welfare.] Sec. 6. [Amended Ex. Ord. No. 13122, set out as a note under section 3121 of Title 42, The Public Health and Welfare.] Sec. 7. [Amended Ex. Ord. No. 13048, set out as a note under section 501 of Title 31, Money and Finance.] Sec. 8. [Amended Ex. Ord. No. 12992, set out as a note under section 1708 of Title 21, Food and Drugs.] Sec. 9. [Amended Ex. Ord. No. 12881, set out as a note under section 6601 of Title 42, The Public Health and Welfare.] Sec. 10. [Amended Ex. Ord. No. 12859, set out as a note preceding section 101 of Title 3, The President.] Sec. 11. [Amended Ex. Ord. No. 12590, set out as a note under former section 1201 of Title 21, Food and Drugs.] Sec. 12. [Amended Ex. Ord. No. 12260, set out as a note under section 2511 of Title 19, Customs Duties.] Sec. 13. [Amended Ex. Ord. No. 11958, set out as a note under section 2751 of Title 22, Foreign Relations and Intercourse.] Sec. 14. [Amended Ex. Ord. No. 11423, set out as a note under section 301 of Title 3, The President.] Sec. 15. [Amended Ex. Ord. No. 10865, set out as a note under section 435 of Title 50, War and National Defense.] Sec. 16. [Amended Ex. Ord. No. 13011, set out as a note under section 11101 of Title 40, Public Buildings, Property, and Works.] Sec. 17. Those elements of the Department of Homeland Security that are supervised by the Department's Under Secretary for Information Analysis and Infrastructure Protection through the Department's Assistant Secretary for Information Analysis, with the exception of those functions that involve no analysis of foreign intelligence information, are designated as elements of the Intelligence Community under section 201(h) of the Homeland Security Act of 2002 [Pub. L. 107-296, amending 50 U.S.C. 401a] and section 3(4) of the National Security Act of 1947, as amended (50 U.S.C. 401a[(4)]). Sec. 18. [Amended Ex. Ord. No. 12333, set out as a note under section 401 of title 50, War and National Defense.] Sec. 19. Functions of Certain Officials in the Department of Homeland Security. The Secretary of Homeland Security, the Deputy Secretary of Homeland Security, the Under Secretary for Information Analysis and Infrastructure Protection, Department of Homeland Security, and the Assistant Secretary for Information Analysis, Department of Homeland Security, each shall be considered a "Senior Official of the Intelligence Community" for purposes of Executive Order 12333 [50 U.S.C. 401 note], and all other relevant authorities, and shall: (a) recognize and give effect to all current clearances for access to classified information held by those who become employees of the Department of Homeland Security by operation of law pursuant to the Homeland Security Act of 2002 or by Presidential appointment; (b) recognize and give effect to all current clearances for access to classified information held by those in the private sector with whom employees of the Department of Homeland Security may seek to interact in the discharge of their homeland security- related responsibilities; (c) make all clearance and access determinations pursuant to Executive Order 12968 of August 2, 1995 [50 U.S.C. 435 note], or any successor Executive Order, as to employees of, and applicants for employment in, the Department of Homeland Security who do not then hold a current clearance for access to classified information; and (d) ensure all clearance and access determinations for those in the private sector with whom employees of the Department of Homeland Security may seek to interact in the discharge of their homeland security-related responsibilities are made in accordance with Executive Order 12829 of January 6, 1993 [50 U.S.C. 435 note]. Sec. 20. Pursuant to the provisions of section 1.4 of Executive Order 12958 of April 17, 1995 ("Classified National Security Information") [50 U.S.C. 435 note], I hereby authorize the Secretary of Homeland Security to classify information originally as "Top Secret." Any delegation of this authority shall be in accordance with section 1.4 of that order or any successor Executive Orders. Sec. 21. This order shall become effective on January 24, 2003. Sec. 22. This order does not create any right or benefit, substantive or procedural, enforceable at law or equity, against the United States, its departments, agencies, or other entities, its officers or employees, or any other person. George W. Bush. -End- -CITE- 6 USC Sec. 122 01/07/2011 -EXPCITE- TITLE 6 - DOMESTIC SECURITY CHAPTER 1 - HOMELAND SECURITY ORGANIZATION SUBCHAPTER II - INFORMATION ANALYSIS AND INFRASTRUCTURE PROTECTION Part A - Information and Analysis and Infrastructure Protection; Access to Information -HEAD- Sec. 122. Access to information -STATUTE- (a) In general (1) Threat and vulnerability information Except as otherwise directed by the President, the Secretary shall have such access as the Secretary considers necessary to all information, including reports, assessments, analyses, and unevaluated intelligence relating to threats of terrorism against the United States and to other areas of responsibility assigned by the Secretary, and to all information concerning infrastructure or other vulnerabilities of the United States to terrorism, whether or not such information has been analyzed, that may be collected, possessed, or prepared by any agency of the Federal Government. (2) Other information The Secretary shall also have access to other information relating to matters under the responsibility of the Secretary that may be collected, possessed, or prepared by an agency of the Federal Government as the President may further provide. (b) Manner of access Except as otherwise directed by the President, with respect to information to which the Secretary has access pursuant to this section - (1) the Secretary may obtain such material upon request, and may enter into cooperative arrangements with other executive agencies to provide such material or provide Department officials with access to it on a regular or routine basis, including requests or arrangements involving broad categories of material, access to electronic databases, or both; and (2) regardless of whether the Secretary has made any request or entered into any cooperative arrangement pursuant to paragraph (1), all agencies of the Federal Government shall promptly provide to the Secretary - (A) all reports (including information reports containing intelligence which has not been fully evaluated), assessments, and analytical information relating to threats of terrorism against the United States and to other areas of responsibility assigned by the Secretary; (B) all information concerning the vulnerability of the infrastructure of the United States, or other vulnerabilities of the United States, to terrorism, whether or not such information has been analyzed; (C) all other information relating to significant and credible threats of terrorism against the United States, whether or not such information has been analyzed; and (D) such other information or material as the President may direct. (c) Treatment under certain laws The Secretary shall be deemed to be a Federal law enforcement, intelligence, protective, national defense, immigration, or national security official, and shall be provided with all information from law enforcement agencies that is required to be given to the Director of Central Intelligence, under any provision of the following: (1) The USA PATRIOT Act of 2001 (Public Law 107-56). (2) Section 2517(6) of title 18. (3) Rule 6(e)(3)(C) of the Federal Rules of Criminal Procedure. (d) Access to intelligence and other information (1) Access by elements of Federal Government Nothing in this subchapter shall preclude any element of the intelligence community (as that term is defined in section 401a(4) of title 50,(!1) or any other element of the Federal Government with responsibility for analyzing terrorist threat information, from receiving any intelligence or other information relating to terrorism. (2) Sharing of information The Secretary, in consultation with the Director of Central Intelligence, shall work to ensure that intelligence or other information relating to terrorism to which the Department has access is appropriately shared with the elements of the Federal Government referred to in paragraph (1), as well as with State and local governments, as appropriate. -SOURCE- (Pub. L. 107-296, title II, Sec. 202, Nov. 25, 2002, 116 Stat. 2149.) -REFTEXT- REFERENCES IN TEXT The USA PATRIOT Act of 2001, referred to in subsec. (c)(1), is Pub. L. 107-56, Oct. 26, 2001, 115 Stat. 272, known as the Uniting and Strengthening America by Providing Appropriate Tools Required to Intercept and Obstruct Terrorism Act of 2001 or the USA PATRIOT Act. For complete classification of this Act to the Code, see Short Title of 2001 Amendment note set out under section 1 of Title 18, Crimes and Criminal Procedure, and Tables. The Federal Rules of Criminal Procedure, referred to in subsec. (c)(3), are set out in the Appendix to Title 18, Crimes and Criminal Procedure. This subchapter, referred to in subsec. (d)(1), was in the original "this title", meaning title II of Pub. L. 107-296, Nov. 25, 2002, 116 Stat. 2145, which enacted this subchapter, amended sections 1030, 2511, 2512, 2520, 2701 to 2703, and 3125 of Title 18, Crimes and Criminal Procedure, sections 3712 and 3722 of Title 42, The Public Health and Welfare, and section 401a of Title 50, War and National Defense, and enacted provisions set out as a note under section 101 of this title and listed in a Provisions for Review, Promulgation, or Amendment of Federal Sentencing Guidelines Relating to Specific Offenses table set out under section 994 of Title 28, Judiciary and Judicial Procedure. For complete classification of title II to the Code, see Tables. -CHANGE- CHANGE OF NAME Reference to the Director of Central Intelligence or the Director of the Central Intelligence Agency in the Director's capacity as the head of the intelligence community deemed to be a reference to the Director of National Intelligence. Reference to the Director of Central Intelligence or the Director of the Central Intelligence Agency in the Director's capacity as the head of the Central Intelligence Agency deemed to be a reference to the Director of the Central Intelligence Agency. See section 1081(a), (b) of Pub. L. 108-458, set out as a note under section 401 of Title 50, War and National Defense. -FOOTNOTE- (!1) So in original. There probably should be a closing parenthesis after "50". -End- -CITE- 6 USC Sec. 123 01/07/2011 -EXPCITE- TITLE 6 - DOMESTIC SECURITY CHAPTER 1 - HOMELAND SECURITY ORGANIZATION SUBCHAPTER II - INFORMATION ANALYSIS AND INFRASTRUCTURE PROTECTION Part A - Information and Analysis and Infrastructure Protection; Access to Information -HEAD- Sec. 123. Terrorist travel program -STATUTE- (a) Requirement to establish Not later than 90 days after August 3, 2007, the Secretary of Homeland Security, in consultation with the Director of the National Counterterrorism Center and consistent with the strategy developed under section 7201,(!1) shall establish a program to oversee the implementation of the Secretary's responsibilities with respect to terrorist travel. (b) Head of the program The Secretary of Homeland Security shall designate an official of the Department of Homeland Security to be responsible for carrying out the program. Such official shall be - (1) the Assistant Secretary for Policy of the Department of Homeland Security; or (2) an official appointed by the Secretary who reports directly to the Secretary. (c) Duties The official designated under subsection (b) shall assist the Secretary of Homeland Security in improving the Department's ability to prevent terrorists from entering the United States or remaining in the United States undetected by - (1) developing relevant strategies and policies; (2) reviewing the effectiveness of existing programs and recommending improvements, if necessary; (3) making recommendations on budget requests and on the allocation of funding and personnel; (4) ensuring effective coordination, with respect to policies, programs, planning, operations, and dissemination of intelligence and information related to terrorist travel - (A) among appropriate subdivisions of the Department of Homeland Security, as determined by the Secretary and including - (i) United States Customs and Border Protection; (ii) United States Immigration and Customs Enforcement; (iii) United States Citizenship and Immigration Services; (iv) the Transportation Security Administration; and (v) the United States Coast Guard; and (B) between the Department of Homeland Security and other appropriate Federal agencies; and (5) serving as the Secretary's primary point of contact with the National Counterterrorism Center for implementing initiatives related to terrorist travel and ensuring that the recommendations of the Center related to terrorist travel are carried out by the Department. (d) Report Not later than 180 days after August 3, 2007, the Secretary of Homeland Security shall submit to the Committee on Homeland Security and Governmental Affairs of the Senate and the Committee on Homeland Security of the House of Representatives a report on the implementation of this section. -SOURCE- (Pub. L. 108-458, title VII, Sec. 7215, Dec. 17, 2004, 118 Stat. 3832; Pub. L. 110-53, title VII, Sec. 722, Aug. 3, 2007, 121 Stat. 348.) -REFTEXT- REFERENCES IN TEXT Section 7201, referred to in subsec. (a), is section 7201 of Pub. L. 108-458, title VII, Dec. 17, 2004, 118 Stat. 3808, which enacted section 1776 of Title 8, Aliens and Nationality, and provisions set out as notes under section 1776 of Title 8 and sections 403-1 and 404o of Title 50, War and National Defense. -COD- CODIFICATION Section was enacted as part of the Intelligence Reform and Terrorism Prevention Act of 2004, and also as part of the 9/11 Commission Implementation Act of 2004, and not as part of the Homeland Security Act of 2002 which comprises this chapter. -MISC1- AMENDMENTS 2007 - Pub. L. 110-53 reenacted section catchline without change and amended text generally, substituting provisions relating to establishment of a program to oversee the implementation of the Secretary's responsibilities with respect to terrorist travel not later than 90 days after Aug. 3, 2007, and relating to the head of the program, such official's duties, and report on implementation for provisions relating to establishment of a program to oversee the implementation of the Department's responsibilities with respect to terrorist travel. -FOOTNOTE- (!1) See References in Text note below. -End- -CITE- 6 USC Sec. 124 01/07/2011 -EXPCITE- TITLE 6 - DOMESTIC SECURITY CHAPTER 1 - HOMELAND SECURITY ORGANIZATION SUBCHAPTER II - INFORMATION ANALYSIS AND INFRASTRUCTURE PROTECTION Part A - Information and Analysis and Infrastructure Protection; Access to Information -HEAD- Sec. 124. Homeland Security Advisory System -STATUTE- (a) Requirement The Secretary shall administer the Homeland Security Advisory System in accordance with this section to provide advisories or warnings regarding the threat or risk that acts of terrorism will be committed on the homeland to Federal, State, local, and tribal government authorities and to the people of the United States, as appropriate. The Secretary shall exercise primary responsibility for providing such advisories or warnings. (b) Required elements In administering the Homeland Security Advisory System, the Secretary shall - (1) establish criteria for the issuance and revocation of such advisories or warnings; (2) develop a methodology, relying on the criteria established under paragraph (1), for the issuance and revocation of such advisories or warnings; (3) provide, in each such advisory or warning, specific information and advice regarding appropriate protective measures and countermeasures that may be taken in response to the threat or risk, at the maximum level of detail practicable to enable individuals, government entities, emergency response providers, and the private sector to act appropriately; (4) whenever possible, limit the scope of each such advisory or warning to a specific region, locality, or economic sector believed to be under threat or at risk; and (5) not, in issuing any advisory or warning, use color designations as the exclusive means of specifying homeland security threat conditions that are the subject of the advisory or warning. -SOURCE- (Pub. L. 107-296, title II, Sec. 203, as added Pub. L. 110-53, title V, Sec. 501(a)(1), Aug. 3, 2007, 121 Stat. 306.) -End- -CITE- 6 USC Sec. 124a 01/07/2011 -EXPCITE- TITLE 6 - DOMESTIC SECURITY CHAPTER 1 - HOMELAND SECURITY ORGANIZATION SUBCHAPTER II - INFORMATION ANALYSIS AND INFRASTRUCTURE PROTECTION Part A - Information and Analysis and Infrastructure Protection; Access to Information -HEAD- Sec. 124a. Homeland security information sharing -STATUTE- (a) Information sharing Consistent with section 485 of this title, the Secretary, acting through the Under Secretary for Intelligence and Analysis, shall integrate the information and standardize the format of the products of the intelligence components of the Department containing homeland security information, terrorism information, weapons of mass destruction information, or national intelligence (as defined in section 401a(5) of title 50) except for any internal security protocols or personnel information of such intelligence components, or other administrative processes that are administered by any chief security officer of the Department. (b) Information sharing and knowledge management officers For each intelligence component of the Department, the Secretary shall designate an information sharing and knowledge management officer who shall report to the Under Secretary for Intelligence and Analysis regarding coordinating the different systems used in the Department to gather and disseminate homeland security information or national intelligence (as defined in section 401a(5) of title 50). (c) State, local, and private-sector sources of information (1) Establishment of business processes The Secretary, acting through the Under Secretary for Intelligence and Analysis or the Assistant Secretary for Infrastructure Protection, as appropriate, shall - (A) establish Department-wide procedures for the review and analysis of information provided by State, local, and tribal governments and the private sector; (B) as appropriate, integrate such information into the information gathered by the Department and other departments and agencies of the Federal Government; and (C) make available such information, as appropriate, within the Department and to other departments and agencies of the Federal Government. (2) Feedback The Secretary shall develop mechanisms to provide feedback regarding the analysis and utility of information provided by any entity of State, local, or tribal government or the private sector that provides such information to the Department. (d) Training and evaluation of employees (1) Training The Secretary, acting through the Under Secretary for Intelligence and Analysis or the Assistant Secretary for Infrastructure Protection, as appropriate, shall provide to employees of the Department opportunities for training and education to develop an understanding of - (A) the definitions of homeland security information and national intelligence (as defined in section 401a(5) of title 50); and (B) how information available to such employees as part of their duties - (i) might qualify as homeland security information or national intelligence; and (ii) might be relevant to the Office of Intelligence and Analysis and the intelligence components of the Department. (2) Evaluations The Under Secretary for Intelligence and Analysis shall - (A) on an ongoing basis, evaluate how employees of the Office of Intelligence and Analysis and the intelligence components of the Department are utilizing homeland security information or national intelligence, sharing information within the Department, as described in this subchapter, and participating in the information sharing environment established under section 485 of this title; and (B) provide to the appropriate component heads regular reports regarding the evaluations under subparagraph (A). -SOURCE- (Pub. L. 107-296, title II, Sec. 204, as added Pub. L. 110-53, title V, Sec. 501(a)(1), Aug. 3, 2007, 121 Stat. 307.) -REFTEXT- REFERENCES IN TEXT This subchapter, referred to in subsec. (d)(2)(A), was in the original "this title", meaning title II of Pub. L. 107-296, Nov. 25, 2002, 116 Stat. 2145, which enacted this subchapter, amended sections 1030, 2511, 2512, 2520, 2701 to 2703, and 3125 of Title 18, Crimes and Criminal Procedure, sections 3712 and 3722 of Title 42, The Public Health and Welfare, and section 401a of Title 50, War and National Defense, and enacted provisions set out as a note under section 101 of this title and listed in a Provisions for Review, Promulgation, or Amendment of Federal Sentencing Guidelines Relating to Specific Offenses table set out under section 994 of Title 28, Judiciary and Judicial Procedure. For complete classification of title II to the Code, see Tables. -MISC1- RECEIPT OF INFORMATION FROM UNITED STATES SECRET SERVICE Pub. L. 110-53, title V, Sec. 502(b), Aug. 3, 2007, 121 Stat. 311, provided that: "(1) In general. - The Under Secretary for Intelligence and Analysis shall receive from the United States Secret Service homeland security information, terrorism information, weapons of mass destruction information (as these terms are defined in Section [sic] 1016 of the Intelligence Reform and Terrorism Prevention Act of 2004 (6 U.S.C. 485)), or national intelligence, as defined in Section [sic] 3(5) of the National Security Act of 1947 (50 U.S.C. 401a(5)), as well as suspect information obtained in criminal investigations. The United States Secret Service shall cooperate with the Under Secretary for Intelligence and Analysis with respect to activities under sections 204 and 205 of the Homeland Security Act of 2002 [6 U.S.C. 124a, 124b]. "(2) Savings clause. - Nothing in this Act [see Tables for classification] shall interfere with the operation of Section [sic] 3056(g) of Title 18, United States Code, or with the authority of the Secretary of Homeland Security or the Director of the United States Secret Service regarding the budget of the United States Secret Service." -End- -CITE- 6 USC Sec. 124b 01/07/2011 -EXPCITE- TITLE 6 - DOMESTIC SECURITY CHAPTER 1 - HOMELAND SECURITY ORGANIZATION SUBCHAPTER II - INFORMATION ANALYSIS AND INFRASTRUCTURE PROTECTION Part A - Information and Analysis and Infrastructure Protection; Access to Information -HEAD- Sec. 124b. Comprehensive information technology network architecture -STATUTE- (a) Establishment The Secretary, acting through the Under Secretary for Intelligence and Analysis, shall establish, consistent with the policies and procedures developed under section 485 of this title, and consistent with the enterprise architecture of the Department, a comprehensive information technology network architecture for the Office of Intelligence and Analysis that connects the various databases and related information technology assets of the Office of Intelligence and Analysis and the intelligence components of the Department in order to promote internal information sharing among the intelligence and other personnel of the Department. (b) Comprehensive information technology network architecture defined The term "comprehensive information technology network architecture" means an integrated framework for evolving or maintaining existing information technology and acquiring new information technology to achieve the strategic management and information resources management goals of the Office of Intelligence and Analysis. -SOURCE- (Pub. L. 107-296, title II, Sec. 205, as added Pub. L. 110-53, title V, Sec. 501(a)(1), Aug. 3, 2007, 121 Stat. 308.) -End- -CITE- 6 USC Sec. 124c 01/07/2011 -EXPCITE- TITLE 6 - DOMESTIC SECURITY CHAPTER 1 - HOMELAND SECURITY ORGANIZATION SUBCHAPTER II - INFORMATION ANALYSIS AND INFRASTRUCTURE PROTECTION Part A - Information and Analysis and Infrastructure Protection; Access to Information -HEAD- Sec. 124c. Coordination with information sharing environment -STATUTE- (a) Guidance All activities to comply with sections 124, 124a, and 124b of this title shall be - (1) consistent with any policies, guidelines, procedures, instructions, or standards established under section 485 of this title; (2) implemented in coordination with, as appropriate, the program manager for the information sharing environment established under that section; (3) consistent with any applicable guidance issued by the Director of National Intelligence; and (4) consistent with any applicable guidance issued by the Secretary relating to the protection of law enforcement information or proprietary information. (b) Consultation In carrying out the duties and responsibilities under this part, the Under Secretary for Intelligence and Analysis shall take into account the views of the heads of the intelligence components of the Department. -SOURCE- (Pub. L. 107-296, title II, Sec. 206, as added Pub. L. 110-53, title V, Sec. 501(a)(1), Aug. 3, 2007, 121 Stat. 309.) -End- -CITE- 6 USC Sec. 124d 01/07/2011 -EXPCITE- TITLE 6 - DOMESTIC SECURITY CHAPTER 1 - HOMELAND SECURITY ORGANIZATION SUBCHAPTER II - INFORMATION ANALYSIS AND INFRASTRUCTURE PROTECTION Part A - Information and Analysis and Infrastructure Protection; Access to Information -HEAD- Sec. 124d. Intelligence components -STATUTE- Subject to the direction and control of the Secretary, and consistent with any applicable guidance issued by the Director of National Intelligence, the responsibilities of the head of each intelligence component of the Department are as follows: (1) To ensure that the collection, processing, analysis, and dissemination of information within the scope of the information sharing environment, including homeland security information, terrorism information, weapons of mass destruction information, and national intelligence (as defined in section 401a(5) of title 50), are carried out effectively and efficiently in support of the intelligence mission of the Department, as led by the Under Secretary for Intelligence and Analysis. (2) To otherwise support and implement the intelligence mission of the Department, as led by the Under Secretary for Intelligence and Analysis. (3) To incorporate the input of the Under Secretary for Intelligence and Analysis with respect to performance appraisals, bonus or award recommendations, pay adjustments, and other forms of commendation. (4) To coordinate with the Under Secretary for Intelligence and Analysis in developing policies and requirements for the recruitment and selection of intelligence officials of the intelligence component. (5) To advise and coordinate with the Under Secretary for Intelligence and Analysis on any plan to reorganize or restructure the intelligence component that would, if implemented, result in realignments of intelligence functions. (6) To ensure that employees of the intelligence component have knowledge of, and comply with, the programs and policies established by the Under Secretary for Intelligence and Analysis and other appropriate officials of the Department and that such employees comply with all applicable laws and regulations. (7) To perform such other activities relating to such responsibilities as the Secretary may provide. -SOURCE- (Pub. L. 107-296, title II, Sec. 207, as added Pub. L. 110-53, title V, Sec. 503(a), Aug. 3, 2007, 121 Stat. 311.) -End- -CITE- 6 USC Sec. 124e 01/07/2011 -EXPCITE- TITLE 6 - DOMESTIC SECURITY CHAPTER 1 - HOMELAND SECURITY ORGANIZATION SUBCHAPTER II - INFORMATION ANALYSIS AND INFRASTRUCTURE PROTECTION Part A - Information and Analysis and Infrastructure Protection; Access to Information -HEAD- Sec. 124e. Training for employees of intelligence components -STATUTE- The Secretary shall provide training and guidance for employees, officials, and senior executives of the intelligence components of the Department to develop knowledge of laws, regulations, operations, policies, procedures, and programs that are related to the functions of the Department relating to the collection, processing, analysis, and dissemination of information within the scope of the information sharing environment, including homeland security information, terrorism information, and weapons of mass destruction information, or national intelligence (as defined in section 401a(5) of title 50). -SOURCE- (Pub. L. 107-296, title II, Sec. 208, as added Pub. L. 110-53, title V, Sec. 503(a), Aug. 3, 2007, 121 Stat. 312.) -End- -CITE- 6 USC Sec. 124f 01/07/2011 -EXPCITE- TITLE 6 - DOMESTIC SECURITY CHAPTER 1 - HOMELAND SECURITY ORGANIZATION SUBCHAPTER II - INFORMATION ANALYSIS AND INFRASTRUCTURE PROTECTION Part A - Information and Analysis and Infrastructure Protection; Access to Information -HEAD- Sec. 124f. Intelligence training development for State and local government officials -STATUTE- (a) Curriculum The Secretary, acting through the Under Secretary for Intelligence and Analysis, shall - (1) develop a curriculum for training State, local, and tribal government officials, including law enforcement officers, intelligence analysts, and other emergency response providers, in the intelligence cycle and Federal laws, practices, and regulations regarding the development, handling, and review of intelligence and other information; and (2) ensure that the curriculum includes executive level training for senior level State, local, and tribal law enforcement officers, intelligence analysts, and other emergency response providers. (b) Training To the extent possible, the Federal Law Enforcement Training Center and other existing Federal entities with the capacity and expertise to train State, local, and tribal government officials based on the curriculum developed under subsection (a) shall be used to carry out the training programs created under this section. If such entities do not have the capacity, resources, or capabilities to conduct such training, the Secretary may approve another entity to conduct such training. (c) Consultation In carrying out the duties described in subsection (a), the Under Secretary for Intelligence and Analysis shall consult with the Director of the Federal Law Enforcement Training Center, the Attorney General, the Director of National Intelligence, the Administrator of the Federal Emergency Management Agency, and other appropriate parties, such as private industry, institutions of higher education, nonprofit institutions, and other intelligence agencies of the Federal Government. -SOURCE- (Pub. L. 107-296, title II, Sec. 209, as added Pub. L. 110-53, title V, Sec. 503(a), Aug. 3, 2007, 121 Stat. 312.) -End- -CITE- 6 USC Sec. 124g 01/07/2011 -EXPCITE- TITLE 6 - DOMESTIC SECURITY CHAPTER 1 - HOMELAND SECURITY ORGANIZATION SUBCHAPTER II - INFORMATION ANALYSIS AND INFRASTRUCTURE PROTECTION Part A - Information and Analysis and Infrastructure Protection; Access to Information -HEAD- Sec. 124g. Information sharing incentives -STATUTE- (a) Awards In making cash awards under chapter 45 of title 5, the President or the head of an agency, in consultation with the program manager designated under section 485 of this title, may consider the success of an employee in appropriately sharing information within the scope of the information sharing environment established under that section, including homeland security information, terrorism information, and weapons of mass destruction information, or national intelligence (as defined in section 401a(5) of title 50 (!1), in a manner consistent with any policies, guidelines, procedures, instructions, or standards established by the President or, as appropriate, the program manager of that environment for the implementation and management of that environment. (b) Other incentives The head of each department or agency described in section 485(i) of this title, in consultation with the program manager designated under section 485 of this title, shall adopt best practices regarding effective ways to educate and motivate officers and employees of the Federal Government to participate fully in the information sharing environment, including - (1) promotions and other nonmonetary awards; and (2) publicizing information sharing accomplishments by individual employees and, where appropriate, the tangible end benefits that resulted. -SOURCE- (Pub. L. 107-296, title II, Sec. 210, as added Pub. L. 110-53, title V, Sec. 503(a), Aug. 3, 2007, 121 Stat. 313.) -FOOTNOTE- (!1) So in original. A closing parenthesis probably should precede the comma. -End- -CITE- 6 USC Sec. 124h 01/07/2011 -EXPCITE- TITLE 6 - DOMESTIC SECURITY CHAPTER 1 - HOMELAND SECURITY ORGANIZATION SUBCHAPTER II - INFORMATION ANALYSIS AND INFRASTRUCTURE PROTECTION Part A - Information and Analysis and Infrastructure Protection; Access to Information -HEAD- Sec. 124h. Department of Homeland Security State, Local, and Regional Fusion Center Initiative -STATUTE- (a) Establishment The Secretary, in consultation with the program manager of the information sharing environment established under section 485 of this title, the Attorney General, the Privacy Officer of the Department, the Officer for Civil Rights and Civil Liberties of the Department, and the Privacy and Civil Liberties Oversight Board established under section 2000ee of title 42, shall establish a Department of Homeland Security State, Local, and Regional Fusion Center Initiative to establish partnerships with State, local, and regional fusion centers. (b) Department support and coordination Through the Department of Homeland Security State, Local, and Regional Fusion Center Initiative, and in coordination with the principal officials of participating State, local, or regional fusion centers and the officers designated as the Homeland Security Advisors of the States, the Secretary shall - (1) provide operational and intelligence advice and assistance to State, local, and regional fusion centers; (2) support efforts to include State, local, and regional fusion centers into efforts to establish an information sharing environment; (3) conduct tabletop and live training exercises to regularly assess the capability of individual and regional networks of State, local, and regional fusion centers to integrate the efforts of such networks with the efforts of the Department; (4) coordinate with other relevant Federal entities engaged in homeland security-related activities; (5) provide analytic and reporting advice and assistance to State, local, and regional fusion centers; (6) review information within the scope of the information sharing environment, including homeland security information, terrorism information, and weapons of mass destruction information, that is gathered by State, local, and regional fusion centers, and to incorporate such information, as appropriate, into the Department's own such information; (7) provide management assistance to State, local, and regional fusion centers; (8) serve as a point of contact to ensure the dissemination of information within the scope of the information sharing environment, including homeland security information, terrorism information, and weapons of mass destruction information; (9) facilitate close communication and coordination between State, local, and regional fusion centers and the Department; (10) provide State, local, and regional fusion centers with expertise on Department resources and operations; (11) provide training to State, local, and regional fusion centers and encourage such fusion centers to participate in terrorism threat-related exercises conducted by the Department; and (12) carry out such other duties as the Secretary determines are appropriate. (c) Personnel assignment (1) In general The Under Secretary for Intelligence and Analysis shall, to the maximum extent practicable, assign officers and intelligence analysts from components of the Department to participating State, local, and regional fusion centers. (2) Personnel sources Officers and intelligence analysts assigned to participating fusion centers under this subsection may be assigned from the following Department components, in coordination with the respective component head and in consultation with the principal officials of participating fusion centers: (A) Office of Intelligence and Analysis. (B) Office of Infrastructure Protection. (C) Transportation Security Administration. (D) United States Customs and Border Protection. (E) United States Immigration and Customs Enforcement. (F) United States Coast Guard. (G) Other components of the Department, as determined by the Secretary. (3) Qualifying criteria (A) In general The Secretary shall develop qualifying criteria for a fusion center to participate in the assigning of Department officers or intelligence analysts under this section. (B) Criteria Any criteria developed under subparagraph (A) may include - (i) whether the fusion center, through its mission and governance structure, focuses on a broad counterterrorism approach, and whether that broad approach is pervasive through all levels of the organization; (ii) whether the fusion center has sufficient numbers of adequately trained personnel to support a broad counterterrorism mission; (iii) whether the fusion center has - (I) access to relevant law enforcement, emergency response, private sector, open source, and national security data; and (II) the ability to share and analytically utilize that data for lawful purposes; (iv) whether the fusion center is adequately funded by the State, local, or regional government to support its counterterrorism mission; and (v) the relevancy of the mission of the fusion center to the particular source component of Department officers or intelligence analysts. (4) Prerequisite (A) Intelligence analysis, privacy, and civil liberties training Before being assigned to a fusion center under this section, an officer or intelligence analyst shall undergo - (i) appropriate intelligence analysis or information sharing training using an intelligence-led policing curriculum that is consistent with - (I) standard training and education programs offered to Department law enforcement and intelligence personnel; and (II) the Criminal Intelligence Systems Operating Policies under part 23 of title 28, Code of Federal Regulations (or any corresponding similar rule or regulation); (ii) appropriate privacy and civil liberties training that is developed, supported, or sponsored by the Privacy Officer appointed under section 142 of this title and the Officer for Civil Rights and Civil Liberties of the Department, in consultation with the Privacy and Civil Liberties Oversight Board established under section 2000ee of title 42; and (iii) such other training prescribed by the Under Secretary for Intelligence and Analysis. (B) Prior work experience in area In determining the eligibility of an officer or intelligence analyst to be assigned to a fusion center under this section, the Under Secretary for Intelligence and Analysis shall consider the familiarity of the officer or intelligence analyst with the State, locality, or region, as determined by such factors as whether the officer or intelligence analyst - (i) has been previously assigned in the geographic area; or (ii) has previously worked with intelligence officials or law enforcement or other emergency response providers from that State, locality, or region. (5) Expedited security clearance processing The Under Secretary for Intelligence and Analysis - (A) shall ensure that each officer or intelligence analyst assigned to a fusion center under this section has the appropriate security clearance to contribute effectively to the mission of the fusion center; and (B) may request that security clearance processing be expedited for each such officer or intelligence analyst and may use available funds for such purpose. (6) Further qualifications Each officer or intelligence analyst assigned to a fusion center under this section shall satisfy any other qualifications the Under Secretary for Intelligence and Analysis may prescribe. (d) Responsibilities An officer or intelligence analyst assigned to a fusion center under this section shall - (1) assist law enforcement agencies and other emergency response providers of State, local, and tribal governments and fusion center personnel in using information within the scope of the information sharing environment, including homeland security information, terrorism information, and weapons of mass destruction information, to develop a comprehensive and accurate threat picture; (2) review homeland security-relevant information from law enforcement agencies and other emergency response providers of State, local, and tribal government; (3) create intelligence and other information products derived from such information and other homeland security-relevant information provided by the Department; and (4) assist in the dissemination of such products, as coordinated by the Under Secretary for Intelligence and Analysis, to law enforcement agencies and other emergency response providers of State, local, and tribal government, other fusion centers, and appropriate Federal agencies. (e) Border intelligence priority (1) In general The Secretary shall make it a priority to assign officers and intelligence analysts under this section from United States Customs and Border Protection, United States Immigration and Customs Enforcement, and the Coast Guard to participating State, local, and regional fusion centers located in jurisdictions along land or maritime borders of the United States in order to enhance the integrity of and security at such borders by helping Federal, State, local, and tribal law enforcement authorities to identify, investigate, and otherwise interdict persons, weapons, and related contraband that pose a threat to homeland security. (2) Border intelligence products When performing the responsibilities described in subsection (d), officers and intelligence analysts assigned to participating State, local, and regional fusion centers under this section shall have, as a primary responsibility, the creation of border intelligence products that - (A) assist State, local, and tribal law enforcement agencies in deploying their resources most efficiently to help detect and interdict terrorists, weapons of mass destruction, and related contraband at land or maritime borders of the United States; (B) promote more consistent and timely sharing of border security-relevant information among jurisdictions along land or maritime borders of the United States; and (C) enhance the Department's situational awareness of the threat of acts of terrorism at or involving the land or maritime borders of the United States. (f) Database access In order to fulfill the objectives described under subsection (d), each officer or intelligence analyst assigned to a fusion center under this section shall have appropriate access to all relevant Federal databases and information systems, consistent with any policies, guidelines, procedures, instructions, or standards established by the President or, as appropriate, the program manager of the information sharing environment for the implementation and management of that environment. (g) Consumer feedback (1) In general The Secretary shall create a voluntary mechanism for any State, local, or tribal law enforcement officer or other emergency response provider who is a consumer of the intelligence or other information products referred to in subsection (d) to provide feedback to the Department on the quality and utility of such intelligence products. (2) Report Not later than one year after August 3, 2007, and annually thereafter, the Secretary shall submit to the Committee on Homeland Security and Governmental Affairs of the Senate and the Committee on Homeland Security of the House of Representatives a report that includes a description of the consumer feedback obtained under paragraph (1) and, if applicable, how the Department has adjusted its production of intelligence products in response to that consumer feedback. (h) Rule of construction (1) In general The authorities granted under this section shall supplement the authorities granted under section 121(d) of this title and nothing in this section shall be construed to abrogate the authorities granted under section 121(d) of this title. (2) Participation Nothing in this section shall be construed to require a State, local, or regional government or entity to accept the assignment of officers or intelligence analysts of the Department into the fusion center of that State, locality, or region. (i) Guidelines The Secretary, in consultation with the Attorney General, shall establish guidelines for fusion centers created and operated by State and local governments, to include standards that any such fusion center shall - (1) collaboratively develop a mission statement, identify expectations and goals, measure performance, and determine effectiveness for that fusion center; (2) create a representative governance structure that includes law enforcement officers and other emergency response providers and, as appropriate, the private sector; (3) create a collaborative environment for the sharing of intelligence and information among Federal, State, local, and tribal government agencies (including law enforcement officers and other emergency response providers), the private sector, and the public, consistent with any policies, guidelines, procedures, instructions, or standards established by the President or, as appropriate, the program manager of the information sharing environment; (4) leverage the databases, systems, and networks available from public and private sector entities, in accordance with all applicable laws, to maximize information sharing; (5) develop, publish, and adhere to a privacy and civil liberties policy consistent with Federal, State, and local law; (6) provide, in coordination with the Privacy Officer of the Department and the Officer for Civil Rights and Civil Liberties of the Department, appropriate privacy and civil liberties training for all State, local, tribal, and private sector representatives at the fusion center; (7) ensure appropriate security measures are in place for the facility, data, and personnel; (8) select and train personnel based on the needs, mission, goals, and functions of that fusion center; (9) offer a variety of intelligence and information services and products to recipients of fusion center intelligence and information; and (10) incorporate law enforcement officers, other emergency response providers, and, as appropriate, the private sector, into all relevant phases of the intelligence and fusion process, consistent with the mission statement developed under paragraph (1), either through full time representatives or liaison relationships with the fusion center to enable the receipt and sharing of information and intelligence. (j) Definitions In this section - (1) the term "fusion center" means a collaborative effort of 2 or more Federal, State, local, or tribal government agencies that combines resources, expertise, or information with the goal of maximizing the ability of such agencies to detect, prevent, investigate, apprehend, and respond to criminal or terrorist activity; (2) the term "information sharing environment" means the information sharing environment established under section 485 of this title; (3) the term "intelligence analyst" means an individual who regularly advises, administers, supervises, or performs work in the collection, gathering, analysis, evaluation, reporting, production, or dissemination of information on political, economic, social, cultural, physical, geographical, scientific, or military conditions, trends, or forces in foreign or domestic areas that directly or indirectly affect national security; (4) the term "intelligence-led policing" means the collection and analysis of information to produce an intelligence end product designed to inform law enforcement decision making at the tactical and strategic levels; and (5) the term "terrorism information" has the meaning given that term in section 485 of this title. (k) Authorization of appropriations There is authorized to be appropriated $10,000,000 for each of fiscal years 2008 through 2012, to carry out this section, except for subsection (i), including for hiring officers and intelligence analysts to replace officers and intelligence analysts who are assigned to fusion centers under this section. -SOURCE- (Pub. L. 107-296, title II, Sec. 210A, as added Pub. L. 110-53, title V, Sec. 511(a), Aug. 3, 2007, 121 Stat. 317.) -MISC1- TRAINING FOR PREDEPLOYED OFFICERS AND ANALYSTS Pub. L. 110-53, title V, Sec. 511(b), Aug. 3, 2007, 121 Stat. 323, provided that: "An officer or analyst assigned to a fusion center by the Secretary of Homeland Security before the date of the enactment of this Act [Aug. 3, 2007] shall undergo the training described in section 210A(c)(4)(A) of the Homeland Security Act of 2002 [6 U.S.C. 124h(c)(4)(A)], as added by subsection (a), by not later than 6 months after such date." -End- -CITE- 6 USC Sec. 124i 01/07/2011 -EXPCITE- TITLE 6 - DOMESTIC SECURITY CHAPTER 1 - HOMELAND SECURITY ORGANIZATION SUBCHAPTER II - INFORMATION ANALYSIS AND INFRASTRUCTURE PROTECTION Part A - Information and Analysis and Infrastructure Protection; Access to Information -HEAD- Sec. 124i. Homeland Security Information Sharing Fellows Program -STATUTE- (a) Establishment (1) In general The Secretary, acting through the Under Secretary for Intelligence and Analysis, and in consultation with the Chief Human Capital Officer, shall establish a fellowship program in accordance with this section for the purpose of - (A) detailing State, local, and tribal law enforcement officers and intelligence analysts to the Department in accordance with subchapter VI of chapter 33 of title 5 to participate in the work of the Office of Intelligence and Analysis in order to become familiar with - (i) the relevant missions and capabilities of the Department and other Federal agencies; and (ii) the role, programs, products, and personnel of the Office of Intelligence and Analysis; and (B) promoting information sharing between the Department and State, local, and tribal law enforcement officers and intelligence analysts by assigning such officers and analysts to - (i) serve as a point of contact in the Department to assist in the representation of State, local, and tribal information requirements; (ii) identify information within the scope of the information sharing environment, including homeland security information, terrorism information, and weapons of mass destruction information, that is of interest to State, local, and tribal law enforcement officers, intelligence analysts, and other emergency response providers; (iii) assist Department analysts in preparing and disseminating products derived from information within the scope of the information sharing environment, including homeland security information, terrorism information, and weapons of mass destruction information, that are tailored to State, local, and tribal law enforcement officers and intelligence analysts and designed to prepare for and thwart acts of terrorism; and (iv) assist Department analysts in preparing products derived from information within the scope of the information sharing environment, including homeland security information, terrorism information, and weapons of mass destruction information, that are tailored to State, local, and tribal emergency response providers and assist in the dissemination of such products through appropriate Department channels. (2) Program name The program under this section shall be known as the "Homeland Security Information Sharing Fellows Program". (b) Eligibility (1) In general In order to be eligible for selection as an Information Sharing Fellow under the program under this section, an individual shall - (A) have homeland security-related responsibilities; (B) be eligible for an appropriate security clearance; (C) possess a valid need for access to classified information, as determined by the Under Secretary for Intelligence and Analysis; (D) be an employee of an eligible entity; and (E) have undergone appropriate privacy and civil liberties training that is developed, supported, or sponsored by the Privacy Officer and the Officer for Civil Rights and Civil Liberties, in consultation with the Privacy and Civil Liberties Oversight Board established under section 2000ee of title 42. (2) Eligible entities In this subsection, the term "eligible entity" means - (A) a State, local, or regional fusion center; (B) a State or local law enforcement or other government entity that serves a major metropolitan area, suburban area, or rural area, as determined by the Secretary; (C) a State or local law enforcement or other government entity with port, border, or agricultural responsibilities, as determined by the Secretary; (D) a tribal law enforcement or other authority; or (E) such other entity as the Secretary determines is appropriate. (c) Optional participation No State, local, or tribal law enforcement or other government entity shall be required to participate in the Homeland Security Information Sharing Fellows Program. (d) Procedures for nomination and selection (1) In general The Under Secretary for Intelligence and Analysis shall establish procedures to provide for the nomination and selection of individuals to participate in the Homeland Security Information Sharing Fellows Program. (2) Limitations The Under Secretary for Intelligence and Analysis shall - (A) select law enforcement officers and intelligence analysts representing a broad cross-section of State, local, and tribal agencies; and (B) ensure that the number of Information Sharing Fellows selected does not impede the activities of the Office of Intelligence and Analysis. -SOURCE- (Pub. L. 107-296, title II, Sec. 210B, as added Pub. L. 110-53, title V, Sec. 512(a), Aug. 3, 2007, 121 Stat. 324.) -End- -CITE- 6 USC Sec. 124j 01/07/2011 -EXPCITE- TITLE 6 - DOMESTIC SECURITY CHAPTER 1 - HOMELAND SECURITY ORGANIZATION SUBCHAPTER II - INFORMATION ANALYSIS AND INFRASTRUCTURE PROTECTION Part A - Information and Analysis and Infrastructure Protection; Access to Information -HEAD- Sec. 124j. Rural Policing Institute -STATUTE- (a) In general The Secretary shall establish a Rural Policing Institute, which shall be administered by the Federal Law Enforcement Training Center, to target training to law enforcement agencies and other emergency response providers located in rural areas. The Secretary, through the Rural Policing Institute, shall - (1) evaluate the needs of law enforcement agencies and other emergency response providers in rural areas; (2) develop expert training programs designed to address the needs of law enforcement agencies and other emergency response providers in rural areas as identified in the evaluation conducted under paragraph (1), including training programs about intelligence-led policing and protections for privacy, civil rights, and civil liberties; (3) provide the training programs developed under paragraph (2) to law enforcement agencies and other emergency response providers in rural areas; and (4) conduct outreach efforts to ensure that local and tribal governments in rural areas are aware of the training programs developed under paragraph (2) so they can avail themselves of such programs. (b) Curricula The training at the Rural Policing Institute established under subsection (a) shall - (1) be configured in a manner so as not to duplicate or displace any law enforcement or emergency response program of the Federal Law Enforcement Training Center or a local or tribal government entity in existence on August 3, 2007; and (2) to the maximum extent practicable, be delivered in a cost- effective manner at facilities of the Department, on closed military installations with adequate training facilities, or at facilities operated by the participants. (c) Definition In this section, the term "rural" means an area that is not located in a metropolitan statistical area, as defined by the Office of Management and Budget. (d) Authorization of appropriations There are authorized to be appropriated to carry out this section (including for contracts, staff, and equipment) - (1) $10,000,000 for fiscal year 2008; and (2) $5,000,000 for each of fiscal years 2009 through 2013. -SOURCE- (Pub. L. 107-296, title II, Sec. 210C, as added Pub. L. 110-53, title V, Sec. 513(a), Aug. 3, 2007, 121 Stat. 327.) -End- -CITE- 6 USC Sec. 124k 01/07/2011 -EXPCITE- TITLE 6 - DOMESTIC SECURITY CHAPTER 1 - HOMELAND SECURITY ORGANIZATION SUBCHAPTER II - INFORMATION ANALYSIS AND INFRASTRUCTURE PROTECTION Part A - Information and Analysis and Infrastructure Protection; Access to Information -HEAD- Sec. 124k. Interagency Threat Assessment and Coordination Group -STATUTE- (a) In general To improve the sharing of information within the scope of the information sharing environment established under section 485 of this title with State, local, tribal, and private sector officials, the Director of National Intelligence, through the program manager for the information sharing environment, in coordination with the Secretary, shall coordinate and oversee the creation of an Interagency Threat Assessment and Coordination Group (referred to in this section as the "ITACG"). (b) Composition of ITACG The ITACG shall consist of - (1) an ITACG Advisory Council to set policy and develop processes for the integration, analysis, and dissemination of federally-coordinated information within the scope of the information sharing environment, including homeland security information, terrorism information, and weapons of mass destruction information; and (2) an ITACG Detail comprised of State, local, and tribal homeland security and law enforcement officers and intelligence analysts detailed to work in the National Counterterrorism Center with Federal intelligence analysts for the purpose of integrating, analyzing, and assisting in the dissemination of federally-coordinated information within the scope of the information sharing environment, including homeland security information, terrorism information, and weapons of mass destruction information, through appropriate channels identified by the ITACG Advisory Council. (c) Responsibilities of program manager The program manager shall - (1) monitor and assess the efficacy of the ITACG; (2) not later than 180 days after August 3, 2007, and at least annually thereafter, submit to the Secretary, the Attorney General, the Director of National Intelligence, the Committee on Homeland Security and Governmental Affairs of the Senate and the Committee on Homeland Security of the House of Representatives a report on the progress of the ITACG; and (3) in each report required by paragraph (2) submitted after October 7, 2010, include an assessment of whether the detailees under subsection (d)(5) have appropriate access to all relevant information, as required by subsection (g)(2)(C). (d) Responsibilities of Secretary The Secretary, or the Secretary's designee, in coordination with the Director of the National Counterterrorism Center and the ITACG Advisory Council, shall - (1) create policies and standards for the creation of information products derived from information within the scope of the information sharing environment, including homeland security information, terrorism information, and weapons of mass destruction information, that are suitable for dissemination to State, local, and tribal governments and the private sector; (2) evaluate and develop processes for the timely dissemination of federally-coordinated information within the scope of the information sharing environment, including homeland security information, terrorism information, and weapons of mass destruction information, to State, local, and tribal governments and the private sector; (3) establish criteria and a methodology for indicating to State, local, and tribal governments and the private sector the reliability of information within the scope of the information sharing environment, including homeland security information, terrorism information, and weapons of mass destruction information, disseminated to them; (4) educate the intelligence community about the requirements of the State, local, and tribal homeland security, law enforcement, and other emergency response providers regarding information within the scope of the information sharing environment, including homeland security information, terrorism information, and weapons of mass destruction information; (5) establish and maintain the ITACG Detail, which shall assign an appropriate number of State, local, and tribal homeland security and law enforcement officers and intelligence analysts to work in the National Counterterrorism Center who shall - (A) educate and advise National Counterterrorism Center intelligence analysts about the requirements of the State, local, and tribal homeland security and law enforcement officers, and other emergency response providers regarding information within the scope of the information sharing environment, including homeland security information, terrorism information, and weapons of mass destruction information; (B) assist National Counterterrorism Center intelligence analysts in integrating, analyzing, and otherwise preparing versions of products derived from information within the scope of the information sharing environment, including homeland security information, terrorism information, and weapons of mass destruction information that are unclassified or classified at the lowest possible level and suitable for dissemination to State, local, and tribal homeland security and law enforcement agencies in order to help deter and prevent terrorist attacks; (C) implement, in coordination with National Counterterrorism Center intelligence analysts, the policies, processes, procedures, standards, and guidelines developed by the ITACG Advisory Council; (D) assist in the dissemination of products derived from information within the scope of the information sharing environment, including homeland security information, terrorism information, and weapons of mass destruction information, to State, local, and tribal jurisdictions only through appropriate channels identified by the ITACG Advisory Council; (E) make recommendations, as appropriate, to the Secretary or the Secretary's designee, for the further dissemination of intelligence products that could likely inform or improve the security of a State, local, or tribal government, (including a State, local, or tribal law enforcement agency) or a private sector entity; and (F) report directly to the senior intelligence official from the Department under paragraph (6); (6) detail a senior intelligence official from the Department of Homeland Security to the National Counterterrorism Center, who shall - (A) manage the day-to-day operations of the ITACG Detail; (B) report directly to the Director of the National Counterterrorism Center or the Director's designee; and (C) in coordination with the Director of the Federal Bureau of Investigation, and subject to the approval of the Director of the National Counterterrorism Center, select a deputy from the pool of available detailees from the Federal Bureau of Investigation in the National Counterterrorism Center; (7) establish, within the ITACG Advisory Council, a mechanism to select law enforcement officers and intelligence analysts for placement in the National Counterterrorism Center consistent with paragraph (5), using criteria developed by the ITACG Advisory Council that shall encourage participation from a broadly representative group of State, local, and tribal homeland security and law enforcement agencies; and (8) compile an annual assessment of the ITACG Detail's performance, including summaries of customer feedback, in preparing, disseminating, and requesting the dissemination of intelligence products intended for State, local and tribal government (including State, local, and tribal law enforcement agencies) and private sector entities; and (9) provide the assessment developed pursuant to paragraph (8) to the program manager for use in the annual reports required by subsection (c)(2). (e) Membership The Secretary, or the Secretary's designee, shall serve as the chair of the ITACG Advisory Council, which shall include - (1) representatives of - (A) the Department; (B) the Federal Bureau of Investigation; (C) the National Counterterrorism Center; (D) the Department of Defense; (E) the Department of Energy; (F) the Department of State; and (G) other Federal entities as appropriate; (2) the program manager of the information sharing environment, designated under section 485(f) of this title, or the program manager's designee; and (3) executive level law enforcement and intelligence officials from State, local, and tribal governments. (f) Criteria The Secretary, in consultation with the Director of National Intelligence, the Attorney General, and the program manager of the information sharing environment established under section 485 of this title, shall - (1) establish procedures for selecting members of the ITACG Advisory Council and for the proper handling and safeguarding of products derived from information within the scope of the information sharing environment, including homeland security information, terrorism information, and weapons of mass destruction information, by those members; and (2) ensure that at least 50 percent of the members of the ITACG Advisory Council are from State, local, and tribal governments. (g) Operations (1) In general Beginning not later than 90 days after August 3, 2007, the ITACG Advisory Council shall meet regularly, but not less than quarterly, at the facilities of the National Counterterrorism Center of the Office of the Director of National Intelligence. (2) Management Pursuant to section 404o(f)(E) (!1) of title 50, the Director of the National Counterterrorism Center, acting through the senior intelligence official from the Department of Homeland Security detailed pursuant to subsection (d)(6), shall ensure that - (A) the products derived from information within the scope of the information sharing environment, including homeland security information, terrorism information, and weapons of mass destruction information, prepared by the National Counterterrorism Center and the ITACG Detail for distribution to State, local, and tribal homeland security and law enforcement agencies reflect the requirements of such agencies and are produced consistently with the policies, processes, procedures, standards, and guidelines established by the ITACG Advisory Council; (B) in consultation with the ITACG Advisory Council and consistent with sections 403-1(f)(1)(B)(iii) and 404o(f)(E) (!1) of title 50, all products described in subparagraph (A) are disseminated through existing channels of the Department and the Department of Justice and other appropriate channels to State, local, and tribal government officials and other entities; (C) all detailees under subsection (d)(5) have appropriate access to all relevant information within the scope of the information sharing environment, including homeland security information, terrorism information, and weapons of mass destruction information, available at the National Counterterrorism Center in order to accomplish the objectives under that paragraph; (D) all detailees under subsection (d)(5) have the appropriate security clearances and are trained in the procedures for handling, processing, storing, and disseminating classified products derived from information within the scope of the information sharing environment, including homeland security information, terrorism information, and weapons of mass destruction information; and (E) all detailees under subsection (d)(5) complete appropriate privacy and civil liberties training. (h) Inapplicability of the Federal Advisory Committee Act The Federal Advisory Committee Act (5 U.S.C. App.) shall not apply to the ITACG or any subsidiary groups thereof. (i) Authorization of appropriations There are authorized to be appropriated such sums as may be necessary for each of fiscal years 2008 through 2012 to carry out this section, including to obtain security clearances for the State, local, and tribal participants in the ITACG. -SOURCE- (Pub. L. 107-296, title II, Sec. 210D, as added Pub. L. 110-53, title V, Sec. 521(a), Aug. 3, 2007, 121 Stat. 328; amended Pub. L. 111-258, Sec. 5(b)(2), (c), Oct. 7, 2010, 124 Stat. 2650, 2651.) -REFTEXT- REFERENCES IN TEXT The Federal Advisory Committee Act, referred to in subsec. (h), is Pub. L. 92-463, Oct. 6, 1972, 86 Stat. 770, which is set out in the Appendix to Title 5, Government Organization and Employees. -MISC1- AMENDMENTS 2010 - Subsec. (c). Pub. L. 111-258, Sec. 5(c)(1), struck out ", in consultation with the Information Sharing Council," after "program manager" in introductory provisions. Subsec. (c)(3). Pub. L. 111-258, Sec. 5(c)(2)-(4), added par. (3). Subsec. (d)(5)(E), (F). Pub. L. 111-258, Sec. 5(b)(2)(A), added subpar. (E) and redesignated former subpar. (E) as (F). Subsec. (d)(8), (9). Pub. L. 111-258, Sec. 5(b)(2)(B)-(D), added pars. (8) and (9). -FOOTNOTE- (!1) So in original. Probably should be section "404o(f)(1)(E)". -End- -CITE- 6 USC Sec. 124l 01/07/2011 -EXPCITE- TITLE 6 - DOMESTIC SECURITY CHAPTER 1 - HOMELAND SECURITY ORGANIZATION SUBCHAPTER II - INFORMATION ANALYSIS AND INFRASTRUCTURE PROTECTION Part A - Information and Analysis and Infrastructure Protection; Access to Information -HEAD- Sec. 124l. National asset database -STATUTE- (a) Establishment (1) National asset database The Secretary shall establish and maintain a national database of each system or asset that - (A) the Secretary, in consultation with appropriate homeland security officials of the States, determines to be vital and the loss, interruption, incapacity, or destruction of which would have a negative or debilitating effect on the economic security, public health, or safety of the United States, any State, or any local government; or (B) the Secretary determines is appropriate for inclusion in the database. (2) Prioritized critical infrastructure list In accordance with Homeland Security Presidential Directive-7, as in effect on January 1, 2007, the Secretary shall establish and maintain a single classified prioritized list of systems and assets included in the database under paragraph (1) that the Secretary determines would, if destroyed or disrupted, cause national or regional catastrophic effects. (b) Use of database The Secretary shall use the database established under subsection (a)(1) in the development and implementation of Department plans and programs as appropriate. (c) Maintenance of database (1) In general The Secretary shall maintain and annually update the database established under subsection (a)(1) and the list established under subsection (a)(2), including - (A) establishing data collection guidelines and providing such guidelines to the appropriate homeland security official of each State; (B) regularly reviewing the guidelines established under subparagraph (A), including by consulting with the appropriate homeland security officials of States, to solicit feedback about the guidelines, as appropriate; (C) after providing the homeland security official of a State with the guidelines under subparagraph (A), allowing the official a reasonable amount of time to submit to the Secretary any data submissions recommended by the official for inclusion in the database established under subsection (a)(1); (D) examining the contents and identifying any submissions made by such an official that are described incorrectly or that do not meet the guidelines established under subparagraph (A); and (E) providing to the appropriate homeland security official of each relevant State a list of submissions identified under subparagraph (D) for review and possible correction before the Secretary finalizes the decision of which submissions will be included in the database established under subsection (a)(1). (2) Organization of information in database The Secretary shall organize the contents of the database established under subsection (a)(1) and the list established under subsection (a)(2) as the Secretary determines is appropriate. Any organizational structure of such contents shall include the categorization of the contents - (A) according to the sectors listed in National Infrastructure Protection Plan developed pursuant to Homeland Security Presidential Directive-7; and (B) by the State and county of their location. (3) Private sector integration The Secretary shall identify and evaluate methods, including the Department's Protected Critical Infrastructure Information Program, to acquire relevant private sector information for the purpose of using that information to generate any database or list, including the database established under subsection (a)(1) and the list established under subsection (a)(2). (4) Retention of classification The classification of information required to be provided to Congress, the Department, or any other department or agency under this section by a sector-specific agency, including the assignment of a level of classification of such information, shall be binding on Congress, the Department, and that other Federal agency. (d) Reports (1) Report required Not later than 180 days after August 3, 2007, and annually thereafter, the Secretary shall submit to the Committee on Homeland Security and Governmental Affairs of the Senate and the Committee on Homeland Security of the House of Representatives a report on the database established under subsection (a)(1) and the list established under subsection (a)(2). (2) Contents of report Each such report shall include the following: (A) The name, location, and sector classification of each of the systems and assets on the list established under subsection (a)(2). (B) The name, location, and sector classification of each of the systems and assets on such list that are determined by the Secretary to be most at risk to terrorism. (C) Any significant challenges in compiling the list of the systems and assets included on such list or in the database established under subsection (a)(1). (D) Any significant changes from the preceding report in the systems and assets included on such list or in such database. (E) If appropriate, the extent to which such database and such list have been used, individually or jointly, for allocating funds by the Federal Government to prevent, reduce, mitigate, or respond to acts of terrorism. (F) The amount of coordination between the Department and the private sector, through any entity of the Department that meets with representatives of private sector industries for purposes of such coordination, for the purpose of ensuring the accuracy of such database and such list. (G) Any other information the Secretary deems relevant. (3) Classified information The report shall be submitted in unclassified form but may contain a classified annex. (e) Inspector General study By not later than two years after August 3, 2007, the Inspector General of the Department shall conduct a study of the implementation of this section. (f) National Infrastructure Protection Consortium The Secretary may establish a consortium to be known as the "National Infrastructure Protection Consortium". The Consortium may advise the Secretary on the best way to identify, generate, organize, and maintain any database or list of systems and assets established by the Secretary, including the database established under subsection (a)(1) and the list established under subsection (a)(2). If the Secretary establishes the National Infrastructure Protection Consortium, the Consortium may - (1) be composed of national laboratories, Federal agencies, State and local homeland security organizations, academic institutions, or national Centers of Excellence that have demonstrated experience working with and identifying critical infrastructure and key resources; and (2) provide input to the Secretary on any request pertaining to the contents of such database or such list. -SOURCE- (Pub. L. 107-296, title II, Sec. 210E, as added Pub. L. 110-53, title X, Sec. 1001(a), Aug. 3, 2007, 121 Stat. 372.) -MISC1- DEADLINES FOR IMPLEMENTATION AND NOTIFICATION OF CONGRESS Pub. L. 110-53, title X, Sec. 1001(b), Aug. 3, 2007, 121 Stat. 374, provided that: "Not later than 180 days after the date of the enactment of this Act [Aug. 3, 2007], the Secretary of Homeland Security shall submit the first report required under section 210E(d) of the Homeland Security Act of 2002 [6 U.S.C. 124l(d)], as added by subsection (a)." -End- -CITE- 6 USC Sec. 124m 01/07/2011 -EXPCITE- TITLE 6 - DOMESTIC SECURITY CHAPTER 1 - HOMELAND SECURITY ORGANIZATION SUBCHAPTER II - INFORMATION ANALYSIS AND INFRASTRUCTURE PROTECTION Part A - Information and Analysis and Infrastructure Protection; Access to Information -HEAD- Sec. 124m. Classified Information Advisory Officer -STATUTE- (a) Requirement to establish The Secretary shall identify and designate within the Department a Classified Information Advisory Officer, as described in this section. (b) Responsibilities The responsibilities of the Classified Information Advisory Officer shall be as follows: (1) To develop and disseminate educational materials and to develop and administer training programs to assist State, local, and tribal governments (including State, local, and tribal law enforcement agencies) and private sector entities - (A) in developing plans and policies to respond to requests related to classified information without communicating such information to individuals who lack appropriate security clearances; (B) regarding the appropriate procedures for challenging classification designations of information received by personnel of such entities; and (C) on the means by which such personnel may apply for security clearances. (2) To inform the Under Secretary for Intelligence and Analysis on policies and procedures that could facilitate the sharing of classified information with such personnel, as appropriate. (c) Initial designation Not later than 90 days after October 7, 2010, the Secretary shall - (1) designate the initial Classified Information Advisory Officer; and (2) submit to the Committee on Homeland Security and Governmental Affairs of the Senate and the Committee on Homeland Security of the House of Representatives a written notification of the designation. -SOURCE- (Pub. L. 107-296, title II, Sec. 210F, as added Pub. L. 111-258, Sec. 4(a), Oct. 7, 2010, 124 Stat. 2649.) -MISC1- FINDINGS Pub. L. 111-258, Sec. 2, Oct. 7, 2010, 124 Stat. 2648, provided that: "Congress finds the following: "(1) The National Commission on Terrorist Attacks Upon the United States (commonly known as the '9/11 Commission') concluded that security requirements nurture over-classification and excessive compartmentation of information among agencies. "(2) The 9/11 Commission and others have observed that the over- classification of information interferes with accurate, actionable, and timely information sharing, increases the cost of information security, and needlessly limits stakeholder and public access to information. "(3) Over-classification of information causes considerable confusion regarding what information may be shared with whom, and negatively affects the dissemination of information within the Federal Government and with State, local, and tribal entities, and with the private sector. "(4) Over-classification of information is antithetical to the creation and operation of the information sharing environment established under section 1016 of the Intelligence Reform and Terrorism Prevention Act of 2004 (6 U.S.C. 485). "(5) Federal departments or agencies authorized to make original classification decisions or that perform derivative classification of information are responsible for developing, implementing, and administering policies, procedures, and programs that promote compliance with applicable laws, executive orders, and other authorities pertaining to the proper use of classification markings and the policies of the National Archives and Records Administration." -End- -CITE- 6 USC Part B - Critical Infrastructure Information 01/07/2011 -EXPCITE- TITLE 6 - DOMESTIC SECURITY CHAPTER 1 - HOMELAND SECURITY ORGANIZATION SUBCHAPTER II - INFORMATION ANALYSIS AND INFRASTRUCTURE PROTECTION Part B - Critical Infrastructure Information -HEAD- PART B - CRITICAL INFRASTRUCTURE INFORMATION -End- -CITE- 6 USC Sec. 131 01/07/2011 -EXPCITE- TITLE 6 - DOMESTIC SECURITY CHAPTER 1 - HOMELAND SECURITY ORGANIZATION SUBCHAPTER II - INFORMATION ANALYSIS AND INFRASTRUCTURE PROTECTION Part B - Critical Infrastructure Information -HEAD- Sec. 131. Definitions -STATUTE- In this part: (1) Agency The term "agency" has the meaning given it in section 551 of title 5. (2) Covered Federal agency The term "covered Federal agency" means the Department of Homeland Security. (3) Critical infrastructure information The term "critical infrastructure information" means information not customarily in the public domain and related to the security of critical infrastructure or protected systems - (A) actual, potential, or threatened interference with, attack on, compromise of, or incapacitation of critical infrastructure or protected systems by either physical or computer-based attack or other similar conduct (including the misuse of or unauthorized access to all types of communications and data transmission systems) that violates Federal, State, or local law, harms interstate commerce of the United States, or threatens public health or safety; (B) the ability of any critical infrastructure or protected system to resist such interference, compromise, or incapacitation, including any planned or past assessment, projection, or estimate of the vulnerability of critical infrastructure or a protected system, including security testing, risk evaluation thereto, risk management planning, or risk audit; or (C) any planned or past operational problem or solution regarding critical infrastructure or protected systems, including repair, recovery, reconstruction, insurance, or continuity, to the extent it is related to such interference, compromise, or incapacitation. (4) Critical infrastructure protection program The term "critical infrastructure protection program" means any component or bureau of a covered Federal agency that has been designated by the President or any agency head to receive critical infrastructure information. (5) Information Sharing and Analysis Organization The term "Information Sharing and Analysis Organization" means any formal or informal entity or collaboration created or employed by public or private sector organizations, for purposes of - (A) gathering and analyzing critical infrastructure information in order to better understand security problems and interdependencies related to critical infrastructure and protected systems, so as to ensure the availability, integrity, and reliability thereof; (B) communicating or disclosing critical infrastructure information to help prevent, detect, mitigate, or recover from the effects of a (!1) interference, compromise, or a (!2) incapacitation problem related to critical infrastructure or protected systems; and (C) voluntarily disseminating critical infrastructure information to its members, State, local, and Federal Governments, or any other entities that may be of assistance in carrying out the purposes specified in subparagraphs (A) and (B). (6) Protected system The term "protected system" - (A) means any service, physical or computer-based system, process, or procedure that directly or indirectly affects the viability of a facility of critical infrastructure; and (B) includes any physical or computer-based system, including a computer, computer system, computer or communications network, or any component hardware or element thereof, software program, processing instructions, or information or data in transmission or storage therein, irrespective of the medium of transmission or storage. (7) Voluntary (A) In general The term "voluntary", in the case of any submittal of critical infrastructure information to a covered Federal agency, means the submittal thereof in the absence of such agency's exercise of legal authority to compel access to or submission of such information and may be accomplished by a single entity or an Information Sharing and Analysis Organization on behalf of itself or its members. (B) Exclusions The term "voluntary" - (i) in the case of any action brought under the securities laws as is defined in section 78c(a)(47) of title 15 - (I) does not include information or statements contained in any documents or materials filed with the Securities and Exchange Commission, or with Federal banking regulators, pursuant to section 78l(i) of title 15; and (II) with respect to the submittal of critical infrastructure information, does not include any disclosure or writing that when made accompanied the solicitation of an offer or a sale of securities; and (ii) does not include information or statements submitted or relied upon as a basis for making licensing or permitting determinations, or during regulatory proceedings. -SOURCE- (Pub. L. 107-296, title II, Sec. 212, Nov. 25, 2002, 116 Stat. 2150.) -MISC1- SHORT TITLE For short title of this part as the "Critical Infrastructure Information Act of 2002", see section 211 of Pub. L. 107-296, set out as a note under section 101 of this title. -FOOTNOTE- (!1) So in original. Probably should be "an". (!2) So in original. The word "a" probably should not appear. -End- -CITE- 6 USC Sec. 132 01/07/2011 -EXPCITE- TITLE 6 - DOMESTIC SECURITY CHAPTER 1 - HOMELAND SECURITY ORGANIZATION SUBCHAPTER II - INFORMATION ANALYSIS AND INFRASTRUCTURE PROTECTION Part B - Critical Infrastructure Information -HEAD- Sec. 132. Designation of critical infrastructure protection program -STATUTE- A critical infrastructure protection program may be designated as such by one of the following: (1) The President. (2) The Secretary of Homeland Security. -SOURCE- (Pub. L. 107-296, title II, Sec. 213, Nov. 25, 2002, 116 Stat. 2152.) -End- -CITE- 6 USC Sec. 133 01/07/2011 -EXPCITE- TITLE 6 - DOMESTIC SECURITY CHAPTER 1 - HOMELAND SECURITY ORGANIZATION SUBCHAPTER II - INFORMATION ANALYSIS AND INFRASTRUCTURE PROTECTION Part B - Critical Infrastructure Information -HEAD- Sec. 133. Protection of voluntarily shared critical infrastructure information -STATUTE- (a) Protection (1) In general Notwithstanding any other provision of law, critical infrastructure information (including the identity of the submitting person or entity) that is voluntarily submitted to a covered Federal agency for use by that agency regarding the security of critical infrastructure and protected systems, analysis, warning, interdependency study, recovery, reconstitution, or other informational purpose, when accompanied by an express statement specified in paragraph (2) - (A) shall be exempt from disclosure under section 552 of title 5 (commonly referred to as the Freedom of Information Act); (B) shall not be subject to any agency rules or judicial doctrine regarding ex parte communications with a decision making official; (C) shall not, without the written consent of the person or entity submitting such information, be used directly by such agency, any other Federal, State, or local authority, or any third party, in any civil action arising under Federal or State law if such information is submitted in good faith; (D) shall not, without the written consent of the person or entity submitting such information, be used or disclosed by any officer or employee of the United States for purposes other than the purposes of this part, except - (i) in furtherance of an investigation or the prosecution of a criminal act; or (ii) when disclosure of the information would be - (I) to either House of Congress, or to the extent of matter within its jurisdiction, any committee or subcommittee thereof, any joint committee thereof or subcommittee of any such joint committee; or (II) to the Comptroller General, or any authorized representative of the Comptroller General, in the course of the performance of the duties of the Government Accountability Office.(!1) (E) shall not, if provided to a State or local government or government agency - (i) be made available pursuant to any State or local law requiring disclosure of information or records; (ii) otherwise be disclosed or distributed to any party by said State or local government or government agency without the written consent of the person or entity submitting such information; or (iii) be used other than for the purpose of protecting critical infrastructure or protected systems, or in furtherance of an investigation or the prosecution of a criminal act; and (F) does not constitute a waiver of any applicable privilege or protection provided under law, such as trade secret protection. (2) Express statement For purposes of paragraph (1), the term "express statement", with respect to information or records, means - (A) in the case of written information or records, a written marking on the information or records substantially similar to the following: "This information is voluntarily submitted to the Federal Government in expectation of protection from disclosure as provided by the provisions of the Critical Infrastructure Information Act of 2002."; or (B) in the case of oral information, a similar written statement submitted within a reasonable period following the oral communication. (b) Limitation No communication of critical infrastructure information to a covered Federal agency made pursuant to this part shall be considered to be an action subject to the requirements of the Federal Advisory Committee Act. (c) Independently obtained information Nothing in this section shall be construed to limit or otherwise affect the ability of a State, local, or Federal Government entity, agency, or authority, or any third party, under applicable law, to obtain critical infrastructure information in a manner not covered by subsection (a) of this section, including any information lawfully and properly disclosed generally or broadly to the public and to use such information in any manner permitted by law. (d) Treatment of voluntary submittal of information The voluntary submittal to the Government of information or records that are protected from disclosure by this part shall not be construed to constitute compliance with any requirement to submit such information to a Federal agency under any other provision of law. (e) Procedures (1) In general The Secretary of the Department of Homeland Security shall, in consultation with appropriate representatives of the National Security Council and the Office of Science and Technology Policy, establish uniform procedures for the receipt, care, and storage by Federal agencies of critical infrastructure information that is voluntarily submitted to the Government. The procedures shall be established not later than 90 days after November 25, 2002. (2) Elements The procedures established under paragraph (1) shall include mechanisms regarding - (A) the acknowledgement of receipt by Federal agencies of critical infrastructure information that is voluntarily submitted to the Government; (B) the maintenance of the identification of such information as voluntarily submitted to the Government for purposes of and subject to the provisions of this part; (C) the care and storage of such information; and (D) the protection and maintenance of the confidentiality of such information so as to permit the sharing of such information within the Federal Government and with State and local governments, and the issuance of notices and warnings related to the protection of critical infrastructure and protected systems, in such manner as to protect from public disclosure the identity of the submitting person or entity, or information that is proprietary, business sensitive, relates specifically to the submitting person or entity, and is otherwise not appropriately in the public domain. (f) Penalties Whoever, being an officer or employee of the United States or of any department or agency thereof, knowingly publishes, divulges, discloses, or makes known in any manner or to any extent not authorized by law, any critical infrastructure information protected from disclosure by this part coming to him in the course of this employment or official duties or by reason of any examination or investigation made by, or return, report, or record made to or filed with, such department or agency or officer or employee thereof, shall be fined under title 18, imprisoned not more than 1 year, or both, and shall be removed from office or employment. (g) Authority to issue warnings The Federal Government may provide advisories, alerts, and warnings to relevant companies, targeted sectors, other governmental entities, or the general public regarding potential threats to critical infrastructure as appropriate. In issuing a warning, the Federal Government shall take appropriate actions to protect from disclosure - (1) the source of any voluntarily submitted critical infrastructure information that forms the basis for the warning; or (2) information that is proprietary, business sensitive, relates specifically to the submitting person or entity, or is otherwise not appropriately in the public domain. (h) Authority to delegate The President may delegate authority to a critical infrastructure protection program, designated under section 132 of this title, to enter into a voluntary agreement to promote critical infrastructure security, including with any Information Sharing and Analysis Organization, or a plan of action as otherwise defined in section 2158 of title 50, Appendix. -SOURCE- (Pub. L. 107-296, title II, Sec. 214, Nov. 25, 2002, 116 Stat. 2152; Pub. L. 108-271, Sec. 8(b), July 7, 2004, 118 Stat. 814.) -REFTEXT- REFERENCES IN TEXT The Critical Infrastructure Information Act of 2002, referred to in subsec. (a)(2)(A), is subtitle B (Sec. 211 et seq.) of title II of Pub. L. 107-296, Nov. 25, 2002, 116 Stat. 2150, which is classified generally to this part. For complete classification of this Act to the Code, see Short Title note set out under section 101 of this title and Tables. The Federal Advisory Committee Act, referred to in subsec. (b), is Pub. L. 92-463, Oct. 6, 1972, 86 Stat. 770, as amended, which is set out in the Appendix to Title 5, Government Organization and Employees. -MISC1- AMENDMENTS 2004 - Subsec. (a)(1)(D)(ii)(II). Pub. L. 108-271 substituted "Government Accountability Office" for "General Accounting Office". -FOOTNOTE- (!1) So in original. The period probably should be a semicolon. -End- -CITE- 6 USC Sec. 134 01/07/2011 -EXPCITE- TITLE 6 - DOMESTIC SECURITY CHAPTER 1 - HOMELAND SECURITY ORGANIZATION SUBCHAPTER II - INFORMATION ANALYSIS AND INFRASTRUCTURE PROTECTION Part B - Critical Infrastructure Information -HEAD- Sec. 134. No private right of action -STATUTE- Nothing in this part may be construed to create a private right of action for enforcement of any provision of this chapter. -SOURCE- (Pub. L. 107-296, title II, Sec. 215, Nov. 25, 2002, 116 Stat. 2155.) -REFTEXT- REFERENCES IN TEXT This chapter, referred to in text, was in the original "this Act", meaning Pub. L. 107-296, Nov. 25, 2002, 116 Stat. 2135, known as the Homeland Security Act of 2002, which is classified principally to this chapter. For complete classification of this Act to the Code, see Short Title note set out under section 101 of this title and Tables. -End- -CITE- 6 USC Part C - Information Security 01/07/2011 -EXPCITE- TITLE 6 - DOMESTIC SECURITY CHAPTER 1 - HOMELAND SECURITY ORGANIZATION SUBCHAPTER II - INFORMATION ANALYSIS AND INFRASTRUCTURE PROTECTION Part C - Information Security -HEAD- PART C - INFORMATION SECURITY -End- -CITE- 6 USC Sec. 141 01/07/2011 -EXPCITE- TITLE 6 - DOMESTIC SECURITY CHAPTER 1 - HOMELAND SECURITY ORGANIZATION SUBCHAPTER II - INFORMATION ANALYSIS AND INFRASTRUCTURE PROTECTION Part C - Information Security -HEAD- Sec. 141. Procedures for sharing information -STATUTE- The Secretary shall establish procedures on the use of information shared under this subchapter that - (1) limit the redissemination of such information to ensure that it is not used for an unauthorized purpose; (2) ensure the security and confidentiality of such information; (3) protect the constitutional and statutory rights of any individuals who are subjects of such information; and (4) provide data integrity through the timely removal and destruction of obsolete or erroneous names and information. -SOURCE- (Pub. L. 107-296, title II, Sec. 221, Nov. 25, 2002, 116 Stat. 2155.) -REFTEXT- REFERENCES IN TEXT This subchapter, referred to in text, was in the original "this title", meaning title II of Pub. L. 107-296, Nov. 25, 2002, 116 Stat. 2145, which enacted this subchapter, amended sections 1030, 2511, 2512, 2520, 2701 to 2703, and 3125 of Title 18, Crimes and Criminal Procedure, sections 3712 and 3722 of Title 42, The Public Health and Welfare, and section 401a of Title 50, War and National Defense, and enacted provisions set out as a note under section 101 of this title and listed in a Provisions for Review, Promulgation, or Amendment of Federal Sentencing Guidelines Relating to Specific Offenses table set out under section 994 of Title 28, Judiciary and Judicial Procedure. For complete classification of title II to the Code, see Tables. -End- -CITE- 6 USC Sec. 142 01/07/2011 -EXPCITE- TITLE 6 - DOMESTIC SECURITY CHAPTER 1 - HOMELAND SECURITY ORGANIZATION SUBCHAPTER II - INFORMATION ANALYSIS AND INFRASTRUCTURE PROTECTION Part C - Information Security -HEAD- Sec. 142. Privacy officer -STATUTE- (a) Appointment and responsibilities The Secretary shall appoint a senior official in the Department, who shall report directly to the Secretary, to assume primary responsibility for privacy policy, including - (1) assuring that the use of technologies sustain, and do not erode, privacy protections relating to the use, collection, and disclosure of personal information; (2) assuring that personal information contained in Privacy Act systems of records is handled in full compliance with fair information practices as set out in the Privacy Act of 1974 [5 U.S.C. 552a]; (3) evaluating legislative and regulatory proposals involving collection, use, and disclosure of personal information by the Federal Government; (4) conducting a privacy impact assessment of proposed rules of the Department or that of the Department on the privacy of personal information, including the type of personal information collected and the number of people affected; (5) coordinating with the Officer for Civil Rights and Civil Liberties to ensure that - (A) programs, policies, and procedures involving civil rights, civil liberties, and privacy considerations are addressed in an integrated and comprehensive manner; and (B) Congress receives appropriate reports on such programs, policies, and procedures; and (6) preparing a report to Congress on an annual basis on activities of the Department that affect privacy, including complaints of privacy violations, implementation of the Privacy Act of 1974 [5 U.S.C. 552a], internal controls, and other matters. (b) Authority to investigate (1) In general The senior official appointed under subsection (a) may - (A) have access to all records, reports, audits, reviews, documents, papers, recommendations, and other materials available to the Department that relate to programs and operations with respect to the responsibilities of the senior official under this section; (B) make such investigations and reports relating to the administration of the programs and operations of the Department as are, in the senior official's judgment, necessary or desirable; (C) subject to the approval of the Secretary, require by subpoena the production, by any person other than a Federal agency, of all information, documents, reports, answers, records, accounts, papers, and other data and documentary evidence necessary to performance of the responsibilities of the senior official under this section; and (D) administer to or take from any person an oath, affirmation, or affidavit, whenever necessary to performance of the responsibilities of the senior official under this section. (2) Enforcement of subpoenas Any subpoena issued under paragraph (1)(C) shall, in the case of contumacy or refusal to obey, be enforceable by order of any appropriate United States district court. (3) Effect of oaths Any oath, affirmation, or affidavit administered or taken under paragraph (1)(D) by or before an employee of the Privacy Office designated for that purpose by the senior official appointed under subsection (a) shall have the same force and effect as if administered or taken by or before an officer having a seal of office. (c) Supervision and coordination (1) In general The senior official appointed under subsection (a) shall - (A) report to, and be under the general supervision of, the Secretary; and (B) coordinate activities with the Inspector General of the Department in order to avoid duplication of effort. (2) Coordination with the Inspector General (A) In general Except as provided in subparagraph (B), the senior official appointed under subsection (a) may investigate any matter relating to possible violations or abuse concerning the administration of any program or operation of the Department relevant to the purposes under this section. (B) Coordination (i) Referral Before initiating any investigation described under subparagraph (A), the senior official shall refer the matter and all related complaints, allegations, and information to the Inspector General of the Department. (ii) Determinations and notifications by the Inspector General (I) In general Not later than 30 days after the receipt of a matter referred under clause (i), the Inspector General shall - (aa) make a determination regarding whether the Inspector General intends to initiate an audit or investigation of the matter referred under clause (i); and (bb) notify the senior official of that determination. (II) Investigation not initiated If the Inspector General notifies the senior official under subclause (I)(bb) that the Inspector General intended to initiate an audit or investigation, but does not initiate that audit or investigation within 90 days after providing that notification, the Inspector General shall further notify the senior official that an audit or investigation was not initiated. The further notification under this subclause shall be made not later than 3 days after the end of that 90-day period. (iii) Investigation by senior official The senior official may investigate a matter referred under clause (i) if - (I) the Inspector General notifies the senior official under clause (ii)(I)(bb) that the Inspector General does not intend to initiate an audit or investigation relating to that matter; or (II) the Inspector General provides a further notification under clause (ii)(II) relating to that matter. (iv) Privacy training Any employee of the Office of Inspector General who audits or investigates any matter referred under clause (i) shall be required to receive adequate training on privacy laws, rules, and regulations, to be provided by an entity approved by the Inspector General in consultation with the senior official appointed under subsection (a). (d) Notification to Congress on removal If the Secretary removes the senior official appointed under subsection (a) or transfers that senior official to another position or location within the Department, the Secretary shall - (1) promptly submit a written notification of the removal or transfer to Houses of Congress; and (2) include in any such notification the reasons for the removal or transfer. (e) Reports by senior official to Congress The senior official appointed under subsection (a) shall - (1) submit reports directly to the Congress regarding performance of the responsibilities of the senior official under this section, without any prior comment or amendment by the Secretary, Deputy Secretary, or any other officer or employee of the Department or the Office of Management and Budget; and (2) inform the Committee on Homeland Security and Governmental Affairs of the Senate and the Committee on Homeland Security of the House of Representatives not later than - (A) 30 days after the Secretary disapproves the senior official's request for a subpoena under subsection (b)(1)(C) or the Secretary substantively modifies the requested subpoena; or (B) 45 days after the senior official's request for a subpoena under subsection (b)(1)(C), if that subpoena has not either been approved or disapproved by the Secretary. -SOURCE- (Pub. L. 107-296, title II, Sec. 222, Nov. 25, 2002, 116 Stat. 2155; Pub. L. 108-458, title VIII, Sec. 8305, Dec. 17, 2004, 118 Stat. 3868; Pub. L. 110-53, title VIII, Sec. 802, Aug. 3, 2007, 121 Stat. 358.) -REFTEXT- REFERENCES IN TEXT The Privacy Act of 1974, referred to in subsec. (a)(2), (6), is Pub. L. 93-579, Dec. 31, 1974, 88 Stat. 1896, as amended, which enacted section 552a of Title 5, Government Organization and Employees, and provisions set out as notes under section 552a of Title 5. For complete classification of this Act to the Code, see Short Title of 1974 Amendment note set out under section 552a of Title 5 and Tables. -MISC1- AMENDMENTS 2007 - Pub. L. 110-53 designated existing provisions as subsec. (a), inserted heading, and added subsecs. (b) to (e). 2004 - Pub. L. 108-458, Sec. 8305(1), inserted ", who shall report directly to the Secretary," after "in the Department" in introductory provisions. Pars. (5), (6). Pub. L. 108-458, Sec. 8305(2)-(4), added par. (5) and redesignated former par. (5) as (6). -End- -CITE- 6 USC Sec. 143 01/07/2011 -EXPCITE- TITLE 6 - DOMESTIC SECURITY CHAPTER 1 - HOMELAND SECURITY ORGANIZATION SUBCHAPTER II - INFORMATION ANALYSIS AND INFRASTRUCTURE PROTECTION Part C - Information Security -HEAD- Sec. 143. Enhancement of non-Federal cybersecurity -STATUTE- In carrying out the responsibilities under section 121 of this title, the Under Secretary for Intelligence and Analysis, in cooperation with the Assistant Secretary for Infrastructure Protection (!1) shall - (1) as appropriate, provide to State and local government entities, and upon request to private entities that own or operate critical information systems - (A) analysis and warnings related to threats to, and vulnerabilities of, critical information systems; and (B) in coordination with the Under Secretary for Emergency Preparedness and Response, crisis management support in response to threats to, or attacks on, critical information systems; and (2) as appropriate, provide technical assistance, upon request, to the private sector and other government entities, in coordination with the Under Secretary for Emergency Preparedness and Response, with respect to emergency recovery plans to respond to major failures of critical information systems. -SOURCE- (Pub. L. 107-296, title II, Sec. 223, Nov. 25, 2002, 116 Stat. 2156; Pub. L. 110-53, title V, Sec. 531(b)(1)(A), Aug. 3, 2007, 121 Stat. 334.) -MISC1- AMENDMENTS 2007 - Pub. L. 110-53 substituted "Under Secretary for Intelligence and Analysis, in cooperation with the Assistant Secretary for Infrastructure Protection" for "Under Secretary for Information Analysis and Infrastructure Protection" in introductory provisions. -FOOTNOTE- (!1) So in original. Probably should be followed by a comma. -End- -CITE- 6 USC Sec. 144 01/07/2011 -EXPCITE- TITLE 6 - DOMESTIC SECURITY CHAPTER 1 - HOMELAND SECURITY ORGANIZATION SUBCHAPTER II - INFORMATION ANALYSIS AND INFRASTRUCTURE PROTECTION Part C - Information Security -HEAD- Sec. 144. NET Guard -STATUTE- The Assistant Secretary for Infrastructure Protection may establish a national technology guard, to be known as "NET Guard", comprised of local teams of volunteers with expertise in relevant areas of science and technology, to assist local communities to respond and recover from attacks on information systems and communications networks. -SOURCE- (Pub. L. 107-296, title II, Sec. 224, Nov. 25, 2002, 116 Stat. 2156; Pub. L. 110-53, title V, Sec. 531(b)(1)(B), Aug. 3, 2007, 121 Stat. 334.) -MISC1- AMENDMENTS 2007 - Pub. L. 110-53 substituted "Assistant Secretary for Infrastructure Protection" for "Under Secretary for Information Analysis and Infrastructure Protection". -End- -CITE- 6 USC Sec. 145 01/07/2011 -EXPCITE- TITLE 6 - DOMESTIC SECURITY CHAPTER 1 - HOMELAND SECURITY ORGANIZATION SUBCHAPTER II - INFORMATION ANALYSIS AND INFRASTRUCTURE PROTECTION Part C - Information Security -HEAD- Sec. 145. Cyber Security Enhancement Act of 2002 -STATUTE- (a) Short title This section may be cited as the "Cyber Security Enhancement Act of 2002". (b) Amendment of sentencing guidelines relating to certain computer crimes (1) Directive to the United States Sentencing Commission Pursuant to its authority under section 994(p) of title 28 and in accordance with this subsection, the United States Sentencing Commission shall review and, if appropriate, amend its guidelines and its policy statements applicable to persons convicted of an offense under section 1030 of title 18. (2) Requirements In carrying out this subsection, the Sentencing Commission shall - (A) ensure that the sentencing guidelines and policy statements reflect the serious nature of the offenses described in paragraph (1), the growing incidence of such offenses, and the need for an effective deterrent and appropriate punishment to prevent such offenses; (B) consider the following factors and the extent to which the guidelines may or may not account for them - (i) the potential and actual loss resulting from the offense; (ii) the level of sophistication and planning involved in the offense; (iii) whether the offense was committed for purposes of commercial advantage or private financial benefit; (iv) whether the defendant acted with malicious intent to cause harm in committing the offense; (v) the extent to which the offense violated the privacy rights of individuals harmed; (vi) whether the offense involved a computer used by the government in furtherance of national defense, national security, or the administration of justice; (vii) whether the violation was intended to or had the effect of significantly interfering with or disrupting a critical infrastructure; and (viii) whether the violation was intended to or had the effect of creating a threat to public health or safety, or injury to any person; (C) assure reasonable consistency with other relevant directives and with other sentencing guidelines; (D) account for any additional aggravating or mitigating circumstances that might justify exceptions to the generally applicable sentencing ranges; (E) make any necessary conforming changes to the sentencing guidelines; and (F) assure that the guidelines adequately meet the purposes of sentencing as set forth in section 3553(a)(2) of title 18. (c) Study and report on computer crimes Not later than May 1, 2003, the United States Sentencing Commission shall submit a brief report to Congress that explains any actions taken by the Sentencing Commission in response to this section and includes any recommendations the Commission may have regarding statutory penalties for offenses under section 1030 of title 18. (d) Emergency disclosure exception (1) Omitted (2) Reporting of disclosures A government entity that receives a disclosure under section 2702(b) of title 18 shall file, not later than 90 days after such disclosure, a report to the Attorney General stating the paragraph of that section under which the disclosure was made, the date of the disclosure, the entity to which the disclosure was made, the number of customers or subscribers to whom the information disclosed pertained, and the number of communications, if any, that were disclosed. The Attorney General shall publish all such reports into a single report to be submitted to Congress 1 year after November 25, 2002. -SOURCE- (Pub. L. 107-296, title II, Sec. 225, Nov. 25, 2002, 116 Stat. 2156.) -COD- CODIFICATION Section is comprised of section 225 of Pub. L. 107-296. Subsecs. (d)(1) and (e) to (j) of section 225 of Pub. L. 107-296 amended sections 1030, 2511, 2512, 2520, 2701 to 2703, and 3125 of Title 18, Crimes and Criminal Procedure. -End- -CITE- 6 USC Part D - Office of Science and Technology 01/07/2011 -EXPCITE- TITLE 6 - DOMESTIC SECURITY CHAPTER 1 - HOMELAND SECURITY ORGANIZATION SUBCHAPTER II - INFORMATION ANALYSIS AND INFRASTRUCTURE PROTECTION Part D - Office of Science and Technology -HEAD- PART D - OFFICE OF SCIENCE AND TECHNOLOGY -End- -CITE- 6 USC Sec. 161 01/07/2011 -EXPCITE- TITLE 6 - DOMESTIC SECURITY CHAPTER 1 - HOMELAND SECURITY ORGANIZATION SUBCHAPTER II - INFORMATION ANALYSIS AND INFRASTRUCTURE PROTECTION Part D - Office of Science and Technology -HEAD- Sec. 161. Establishment of Office; Director -STATUTE- (a) Establishment (1) In general There is hereby established within the Department of Justice an Office of Science and Technology (hereinafter in this subchapter referred to as the "Office"). (2) Authority The Office shall be under the general authority of the Assistant Attorney General, Office of Justice Programs, and shall be established within the National Institute of Justice. (b) Director The Office shall be headed by a Director, who shall be an individual appointed based on approval by the Office of Personnel Management of the executive qualifications of the individual. -SOURCE- (Pub. L. 107-296, title II, Sec. 231, Nov. 25, 2002, 116 Stat. 2159.) -REFTEXT- REFERENCES IN TEXT This subchapter, referred to in subsec. (a)(1), was in the original "this title", meaning title II of Pub. L. 107-296, Nov. 25, 2002, 116 Stat. 2145, which enacted this subchapter, amended sections 1030, 2511, 2512, 2520, 2701 to 2703, and 3125 of Title 18, Crimes and Criminal Procedure, sections 3712 and 3722 of Title 42, The Public Health and Welfare, and section 401a of Title 50, War and National Defense, and enacted provisions set out as a note under section 101 of this title and listed in a Provisions for Review, Promulgation, or Amendment of Federal Sentencing Guidelines Relating to Specific Offenses table set out under section 994 of Title 28, Judiciary and Judicial Procedure. For complete classification of title II to the Code, see Tables. -End- -CITE- 6 USC Sec. 162 01/07/2011 -EXPCITE- TITLE 6 - DOMESTIC SECURITY CHAPTER 1 - HOMELAND SECURITY ORGANIZATION SUBCHAPTER II - INFORMATION ANALYSIS AND INFRASTRUCTURE PROTECTION Part D - Office of Science and Technology -HEAD- Sec. 162. Mission of Office; duties -STATUTE- (a) Mission The mission of the Office shall be - (1) to serve as the national focal point for work on law enforcement technology; and (2) to carry out programs that, through the provision of equipment, training, and technical assistance, improve the safety and effectiveness of law enforcement technology and improve access to such technology by Federal, State, and local law enforcement agencies. (b) Duties In carrying out its mission, the Office shall have the following duties: (1) To provide recommendations and advice to the Attorney General. (2) To establish and maintain advisory groups (which shall be exempt from the provisions of the Federal Advisory Committee Act (5 U.S.C. App.)) to assess the law enforcement technology needs of Federal, State, and local law enforcement agencies. (3) To establish and maintain performance standards in accordance with the National Technology Transfer and Advancement Act of 1995 (Public Law 104-113) for, and test and evaluate law enforcement technologies that may be used by, Federal, State, and local law enforcement agencies. (4) To establish and maintain a program to certify, validate, and mark or otherwise recognize law enforcement technology products that conform to standards established and maintained by the Office in accordance with the National Technology Transfer and Advancement Act of 1995 (Public Law 104-113). The program may, at the discretion of the Office, allow for supplier's declaration of conformity with such standards. (5) To work with other entities within the Department of Justice, other Federal agencies, and the executive office of the President to establish a coordinated Federal approach on issues related to law enforcement technology. (6) To carry out research, development, testing, evaluation, and cost-benefit analyses in fields that would improve the safety, effectiveness, and efficiency of law enforcement technologies used by Federal, State, and local law enforcement agencies, including, but not limited to - (A) weapons capable of preventing use by unauthorized persons, including personalized guns; (B) protective apparel; (C) bullet-resistant and explosion-resistant glass; (D) monitoring systems and alarm systems capable of providing precise location information; (E) wire and wireless interoperable communication technologies; (F) tools and techniques that facilitate investigative and forensic work, including computer forensics; (G) equipment for particular use in counterterrorism, including devices and technologies to disable terrorist devices; (H) guides to assist State and local law enforcement agencies; (I) DNA identification technologies; and (J) tools and techniques that facilitate investigations of computer crime. (7) To administer a program of research, development, testing, and demonstration to improve the interoperability of voice and data public safety communications. (8) To serve on the Technical Support Working Group of the Department of Defense, and on other relevant interagency panels, as requested. (9) To develop, and disseminate to State and local law enforcement agencies, technical assistance and training materials for law enforcement personnel, including prosecutors. (10) To operate the regional National Law Enforcement and Corrections Technology Centers and, to the extent necessary, establish additional centers through a competitive process. (11) To administer a program of acquisition, research, development, and dissemination of advanced investigative analysis and forensic tools to assist State and local law enforcement agencies in combating cybercrime. (12) To support research fellowships in support of its mission. (13) To serve as a clearinghouse for information on law enforcement technologies. (14) To represent the United States and State and local law enforcement agencies, as requested, in international activities concerning law enforcement technology. (15) To enter into contracts and cooperative agreements and provide grants, which may require in-kind or cash matches from the recipient, as necessary to carry out its mission. (16) To carry out other duties assigned by the Attorney General to accomplish the mission of the Office. (c) Competition required Except as otherwise expressly provided by law, all research and development carried out by or through the Office shall be carried out on a competitive basis. (d) Information from Federal agencies Federal agencies shall, upon request from the Office and in accordance with Federal law, provide the Office with any data, reports, or other information requested, unless compliance with such request is otherwise prohibited by law. (e) Publications Decisions concerning publications issued by the Office shall rest solely with the Director of the Office. (f) Transfer of funds The Office may transfer funds to other Federal agencies or provide funding to non-Federal entities through grants, cooperative agreements, or contracts to carry out its duties under this section: Provided, That any such transfer or provision of funding shall be carried out in accordance with section 605 of Public Law 107-77. (g) Annual report The Director of the Office shall include with the budget justification materials submitted to Congress in support of the Department of Justice budget for each fiscal year (as submitted with the budget of the President under section 1105(a) of title 31) a report on the activities of the Office. Each such report shall include the following: (1) For the period of 5 fiscal years beginning with the fiscal year for which the budget is submitted - (A) the Director's assessment of the needs of Federal, State, and local law enforcement agencies for assistance with respect to law enforcement technology and other matters consistent with the mission of the Office; and (B) a strategic plan for meeting such needs of such law enforcement agencies. (2) For the fiscal year preceding the fiscal year for which such budget is submitted, a description of the activities carried out by the Office and an evaluation of the extent to which those activities successfully meet the needs assessed under paragraph (1)(A) in previous reports. -SOURCE- (Pub. L. 107-296, title II, Sec. 232, Nov. 25, 2002, 116 Stat. 2159; Pub. L. 108-7, div. L, Sec. 103(1), Feb. 20, 2003, 117 Stat. 529.) -REFTEXT- REFERENCES IN TEXT The Federal Advisory Committee Act, referred to in subsec. (b)(2), is Pub. L. 92-463, Oct. 6, 1972, 86 Stat. 770, as amended, which is set out in the Appendix to Title 5, Government Organization and Employees. The National Technology Transfer and Advancement Act of 1995, referred to in subsec. (b)(3), (4), is Pub. L. 104-113, Mar. 7, 1996, 110 Stat. 775, as amended. For complete classification of this Act to the Code, see Short Title of 1996 Amendment note set out under section 3701 of Title 15, Commerce and Trade, and Tables. Section 605 of Public Law 107-77, referred to in subsec. (f), is section 605 of Pub. L. 107-77, title VI, Nov. 28, 2001, 115 Stat. 798, which is not classified to the Code. -MISC1- AMENDMENTS 2003 - Subsec. (f). Pub. L. 108-7 inserted before period at end ": Provided, That any such transfer or provision of funding shall be carried out in accordance with section 605 of Public Law 107- 77". -End- -CITE- 6 USC Sec. 163 01/07/2011 -EXPCITE- TITLE 6 - DOMESTIC SECURITY CHAPTER 1 - HOMELAND SECURITY ORGANIZATION SUBCHAPTER II - INFORMATION ANALYSIS AND INFRASTRUCTURE PROTECTION Part D - Office of Science and Technology -HEAD- Sec. 163. Definition of law enforcement technology -STATUTE- For the purposes of this subchapter, the term "law enforcement technology" includes investigative and forensic technologies, corrections technologies, and technologies that support the judicial process. -SOURCE- (Pub. L. 107-296, title II, Sec. 233, Nov. 25, 2002, 116 Stat. 2161.) -REFTEXT- REFERENCES IN TEXT This subchapter, referred to in text, was in the original "this title", meaning title II of Pub. L. 107-296, Nov. 25, 2002, 116 Stat. 2145, which enacted this subchapter, amended sections 1030, 2511, 2512, 2520, 2701 to 2703, and 3125 of Title 18, Crimes and Criminal Procedure, sections 3712 and 3722 of Title 42, The Public Health and Welfare, and section 401a of Title 50, War and National Defense, and enacted provisions set out as a note under section 101 of this title and listed in a Provisions for Review, Promulgation, or Amendment of Federal Sentencing Guidelines Relating to Specific Offenses table set out under section 994 of Title 28, Judiciary and Judicial Procedure. For complete classification of title II to the Code, see Tables. -End- -CITE- 6 USC Sec. 164 01/07/2011 -EXPCITE- TITLE 6 - DOMESTIC SECURITY CHAPTER 1 - HOMELAND SECURITY ORGANIZATION SUBCHAPTER II - INFORMATION ANALYSIS AND INFRASTRUCTURE PROTECTION Part D - Office of Science and Technology -HEAD- Sec. 164. Abolishment of Office of Science and Technology of National Institute of Justice; transfer of functions -STATUTE- (a) Authority to transfer functions The Attorney General may transfer to the Office any other program or activity of the Department of Justice that the Attorney General, in consultation with the Committee on the Judiciary of the Senate and the Committee on the Judiciary of the House of Representatives, determines to be consistent with the mission of the Office. (b) Transfer of personnel and assets With respect to any function, power, or duty, or any program or activity, that is established in the Office, those employees and assets of the element of the Department of Justice from which the transfer is made that the Attorney General determines are needed to perform that function, power, or duty, or for that program or activity, as the case may be, shall be transferred to the Office: Provided, That any such transfer shall be carried out in accordance with section 605 of Public Law 107-77. (c) Report on implementation Not later than 1 year after November 25, 2002, the Attorney General shall submit to the Committee on the Judiciary of the Senate and the Committee on the Judiciary of the House of Representatives a report on the implementation of this subchapter. The report shall - (1) provide an accounting of the amounts and sources of funding available to the Office to carry out its mission under existing authorizations and appropriations, and set forth the future funding needs of the Office; and (2) include such other information and recommendations as the Attorney General considers appropriate. -SOURCE- (Pub. L. 107-296, title II, Sec. 234, Nov. 25, 2002, 116 Stat. 2161; Pub. L. 108-7, div. L, Sec. 103(2), Feb. 20, 2003, 117 Stat. 529.) -REFTEXT- REFERENCES IN TEXT Section 605 of Public Law 107-77, referred to in subsec. (b), is section 605 of Pub. L. 107-77, title VI, Nov. 28, 2001, 115 Stat. 798, which is not classified to the Code. This subchapter, referred to in subsec. (c), was in the original "this title", meaning title II of Pub. L. 107-296, Nov. 25, 2002, 116 Stat. 2145, which enacted this subchapter, amended sections 1030, 2511, 2512, 2520, 2701 to 2703, and 3125 of Title 18, Crimes and Criminal Procedure, sections 3712 and 3722 of Title 42, The Public Health and Welfare, and section 401a of Title 50, War and National Defense, and enacted provisions set out as a note under section 101 of this title and listed in a Provisions for Review, Promulgation, or Amendment of Federal Sentencing Guidelines Relating to Specific Offenses table set out under section 994 of Title 28, Judiciary and Judicial Procedure. For complete classification of title II to the Code, see Tables. -MISC1- AMENDMENTS 2003 - Subsec. (b). Pub. L. 108-7 inserted before period at end ": Provided, That any such transfer shall be carried out in accordance with section 605 of Public Law 107-77". -End- -CITE- 6 USC Sec. 165 01/07/2011 -EXPCITE- TITLE 6 - DOMESTIC SECURITY CHAPTER 1 - HOMELAND SECURITY ORGANIZATION SUBCHAPTER II - INFORMATION ANALYSIS AND INFRASTRUCTURE PROTECTION Part D - Office of Science and Technology -HEAD- Sec. 165. National Law Enforcement and Corrections Technology Centers -STATUTE- (a) In general The Director of the Office shall operate and support National Law Enforcement and Corrections Technology Centers (hereinafter in this section referred to as "Centers") and, to the extent necessary, establish new centers through a merit-based, competitive process. (b) Purpose of Centers The purpose of the Centers shall be to - (1) support research and development of law enforcement technology; (2) support the transfer and implementation of technology; (3) assist in the development and dissemination of guidelines and technological standards; and (4) provide technology assistance, information, and support for law enforcement, corrections, and criminal justice purposes. (c) Annual meeting Each year, the Director shall convene a meeting of the Centers in order to foster collaboration and communication between Center participants. (d) Report Not later than 12 months after November 25, 2002, the Director shall transmit to the Congress a report assessing the effectiveness of the existing system of Centers and identify the number of Centers necessary to meet the technology needs of Federal, State, and local law enforcement in the United States. -SOURCE- (Pub. L. 107-296, title II, Sec. 235, Nov. 25, 2002, 116 Stat. 2162.) -End- -CITE- 6 USC SUBCHAPTER III - SCIENCE AND TECHNOLOGY IN SUPPORT OF HOMELAND SECURITY 01/07/2011 -EXPCITE- TITLE 6 - DOMESTIC SECURITY CHAPTER 1 - HOMELAND SECURITY ORGANIZATION SUBCHAPTER III - SCIENCE AND TECHNOLOGY IN SUPPORT OF HOMELAND SECURITY -HEAD- SUBCHAPTER III - SCIENCE AND TECHNOLOGY IN SUPPORT OF HOMELAND SECURITY -End- -CITE- 6 USC Sec. 181 01/07/2011 -EXPCITE- TITLE 6 - DOMESTIC SECURITY CHAPTER 1 - HOMELAND SECURITY ORGANIZATION SUBCHAPTER III - SCIENCE AND TECHNOLOGY IN SUPPORT OF HOMELAND SECURITY -HEAD- Sec. 181. Under Secretary for Science and Technology -STATUTE- There shall be in the Department a Directorate of Science and Technology headed by an Under Secretary for Science and Technology. -SOURCE- (Pub. L. 107-296, title III, Sec. 301, Nov. 25, 2002, 116 Stat. 2163.) -End- -CITE- 6 USC Sec. 182 01/07/2011 -EXPCITE- TITLE 6 - DOMESTIC SECURITY CHAPTER 1 - HOMELAND SECURITY ORGANIZATION SUBCHAPTER III - SCIENCE AND TECHNOLOGY IN SUPPORT OF HOMELAND SECURITY -HEAD- Sec. 182. Responsibilities and authorities of the Under Secretary for Science and Technology -STATUTE- The Secretary, acting through the Under Secretary for Science and Technology, shall have the responsibility for - (1) advising the Secretary regarding research and development efforts and priorities in support of the Department's missions; (2) developing, in consultation with other appropriate executive agencies, a national policy and strategic plan for, identifying priorities, goals, objectives and policies for, and coordinating the Federal Government's civilian efforts to identify and develop countermeasures to chemical, biological,,(!1) and other emerging terrorist threats, including the development of comprehensive, research-based definable goals for such efforts and development of annual measurable objectives and specific targets to accomplish and evaluate the goals for such efforts; (3) supporting the Under Secretary for Intelligence and Analysis and the Assistant Secretary for Infrastructure Protection, by assessing and testing homeland security vulnerabilities and possible threats; (4) conducting basic and applied research, development, demonstration, testing, and evaluation activities that are relevant to any or all elements of the Department, through both intramural and extramural programs, except that such responsibility does not extend to human health-related research and development activities; (5) establishing priorities for, directing, funding, and conducting national research, development, test and evaluation, and procurement of technology and systems for - (A) preventing the importation of chemical, biological,,(!1) and related weapons and material; and (B) detecting, preventing, protecting against, and responding to terrorist attacks; (6) establishing a system for transferring homeland security developments or technologies to Federal, State, local government, and private sector entities; (7) entering into work agreements, joint sponsorships, contracts, or any other agreements with the Department of Energy regarding the use of the national laboratories or sites and support of the science and technology base at those facilities; (8) collaborating with the Secretary of Agriculture and the Attorney General as provided in section 8401 of title 7; (9) collaborating with the Secretary of Health and Human Services and the Attorney General in determining any new biological agents and toxins that shall be listed as "select agents" in Appendix A of part 72 of title 42, Code of Federal Regulations, pursuant to section 262a of title 42; (10) supporting United States leadership in science and technology; (11) establishing and administering the primary research and development activities of the Department, including the long-term research and development needs and capabilities for all elements of the Department; (12) coordinating and integrating all research, development, demonstration, testing, and evaluation activities of the Department; (13) coordinating with other appropriate executive agencies in developing and carrying out the science and technology agenda of the Department to reduce duplication and identify unmet needs; and (14) developing and overseeing the administration of guidelines for merit review of research and development projects throughout the Department, and for the dissemination of research conducted or sponsored by the Department. -SOURCE- (Pub. L. 107-296, title III, Sec. 302, Nov. 25, 2002, 116 Stat. 2163; Pub. L. 109-347, title V, Sec. 501(b)(2), Oct. 13, 2006, 120 Stat. 1935; Pub. L. 110-53, title V, Sec. 531(b)(1)(C), Aug. 3, 2007, 121 Stat. 334.) -MISC1- AMENDMENTS 2007 - Par. (3). Pub. L. 110-53 substituted "Under Secretary for Intelligence and Analysis and the Assistant Secretary for Infrastructure Protection" for "Under Secretary for Information Analysis and Infrastructure Protection". 2006 - Pars. (2), (5)(A). Pub. L. 109-347 struck out "radiological, nuclear" after "biological,". -FOOTNOTE- (!1) So in original. -End- -CITE- 6 USC Sec. 183 01/07/2011 -EXPCITE- TITLE 6 - DOMESTIC SECURITY CHAPTER 1 - HOMELAND SECURITY ORGANIZATION SUBCHAPTER III - SCIENCE AND TECHNOLOGY IN SUPPORT OF HOMELAND SECURITY -HEAD- Sec. 183. Functions transferred -STATUTE- In accordance with subchapter XII of this chapter, there shall be transferred to the Secretary the functions, personnel, assets, and liabilities of the following entities: (1) The following programs and activities of the Department of Energy, including the functions of the Secretary of Energy relating thereto (but not including programs and activities relating to the strategic nuclear defense posture of the United States): (A) The chemical and biological national security and supporting programs and activities of the nonproliferation and verification research and development program. (B) The nuclear smuggling programs and activities within the proliferation detection program of the nonproliferation and verification research and development program. The programs and activities described in this subparagraph may be designated by the President either for transfer to the Department or for joint operation by the Secretary and the Secretary of Energy. (C) The nuclear assessment program and activities of the assessment, detection, and cooperation program of the international materials protection and cooperation program. (D) Such life sciences activities of the biological and environmental research program related to microbial pathogens as may be designated by the President for transfer to the Department. (E) The Environmental Measurements Laboratory. (F) The advanced scientific computing research program and activities at Lawrence Livermore National Laboratory. (2) The National Bio-Weapons Defense Analysis Center of the Department of Defense, including the functions of the Secretary of Defense related thereto. -SOURCE- (Pub. L. 107-296, title III, Sec. 303, Nov. 25, 2002, 116 Stat. 2164.) -End- -CITE- 6 USC Sec. 184 01/07/2011 -EXPCITE- TITLE 6 - DOMESTIC SECURITY CHAPTER 1 - HOMELAND SECURITY ORGANIZATION SUBCHAPTER III - SCIENCE AND TECHNOLOGY IN SUPPORT OF HOMELAND SECURITY -HEAD- Sec. 184. Conduct of certain public health-related activities -STATUTE- (a) In general With respect to civilian human health-related research and development activities relating to countermeasures for chemical, biological, radiological, and nuclear and other emerging terrorist threats carried out by the Department of Health and Human Services (including the Public Health Service), the Secretary of Health and Human Services shall set priorities, goals, objectives, and policies and develop a coordinated strategy for such activities in collaboration with the Secretary of Homeland Security to ensure consistency with the national policy and strategic plan developed pursuant to section 182(2) of this title. (b) Evaluation of progress In carrying out subsection (a) of this section, the Secretary of Health and Human Services shall collaborate with the Secretary in developing specific benchmarks and outcome measurements for evaluating progress toward achieving the priorities and goals described in such subsection. -SOURCE- (Pub. L. 107-296, title III, Sec. 304, Nov. 25, 2002, 116 Stat. 2165.) -COD- CODIFICATION Section is comprised of section 304 of Pub. L. 107-296. Subsec. (c) of section 304 of Pub. L. 107-296 amended section 233 of Title 42, The Public Health and Welfare. -End- -CITE- 6 USC Sec. 185 01/07/2011 -EXPCITE- TITLE 6 - DOMESTIC SECURITY CHAPTER 1 - HOMELAND SECURITY ORGANIZATION SUBCHAPTER III - SCIENCE AND TECHNOLOGY IN SUPPORT OF HOMELAND SECURITY -HEAD- Sec. 185. Federally funded research and development centers -STATUTE- The Secretary, acting through the Under Secretary for Science and Technology, shall have the authority to establish or contract with 1 or more federally funded research and development centers to provide independent analysis of homeland security issues, or to carry out other responsibilities under this chapter, including coordinating and integrating both the extramural and intramural programs described in section 188 of this title. -SOURCE- (Pub. L. 107-296, title III, Sec. 305, Nov. 25, 2002, 116 Stat. 2168.) -REFTEXT- REFERENCES IN TEXT This chapter, referred to in text, was in the original "this Act", meaning Pub. L. 107-296, Nov. 25, 2002, 116 Stat. 2135, known as the Homeland Security Act of 2002, which is classified principally to this chapter. For complete classification of this Act to the Code, see Short Title note set out under section 101 of this title and Tables. -End- -CITE- 6 USC Sec. 186 01/07/2011 -EXPCITE- TITLE 6 - DOMESTIC SECURITY CHAPTER 1 - HOMELAND SECURITY ORGANIZATION SUBCHAPTER III - SCIENCE AND TECHNOLOGY IN SUPPORT OF HOMELAND SECURITY -HEAD- Sec. 186. Miscellaneous provisions -STATUTE- (a) Classification To the greatest extent practicable, research conducted or supported by the Department shall be unclassified. (b) Construction Nothing in this subchapter shall be construed to preclude any Under Secretary of the Department from carrying out research, development, demonstration, or deployment activities, as long as such activities are coordinated through the Under Secretary for Science and Technology. (c) Regulations The Secretary, acting through the Under Secretary for Science and Technology, may issue necessary regulations with respect to research, development, demonstration, testing, and evaluation activities of the Department, including the conducting, funding, and reviewing of such activities. (d) Notification of Presidential life sciences designations Not later than 60 days before effecting any transfer of Department of Energy life sciences activities pursuant to section 183(1)(D) of this title, the President shall notify the appropriate congressional committees of the proposed transfer and shall include the reasons for the transfer and a description of the effect of the transfer on the activities of the Department of Energy. -SOURCE- (Pub. L. 107-296, title III, Sec. 306, Nov. 25, 2002, 116 Stat. 2168.) -End- -CITE- 6 USC Sec. 187 01/07/2011 -EXPCITE- TITLE 6 - DOMESTIC SECURITY CHAPTER 1 - HOMELAND SECURITY ORGANIZATION SUBCHAPTER III - SCIENCE AND TECHNOLOGY IN SUPPORT OF HOMELAND SECURITY -HEAD- Sec. 187. Homeland Security Advanced Research Projects Agency -STATUTE- (a) Definitions In this section: (1) Fund The term "Fund" means the Acceleration Fund for Research and Development of Homeland Security Technologies established in subsection (c) of this section. (2) Homeland security research The term "homeland security research" means research relevant to the detection of, prevention of, protection against, response to, attribution of, and recovery from homeland security threats, particularly acts of terrorism. (3) HSARPA The term "HSARPA" means the Homeland Security Advanced Research Projects Agency established in subsection (b) of this section. (4) Under Secretary The term "Under Secretary" means the Under Secretary for Science and Technology. (b) Homeland Security Advanced Research Projects Agency (1) Establishment There is established the Homeland Security Advanced Research Projects Agency. (2) Director HSARPA shall be headed by a Director, who shall be appointed by the Secretary. The Director shall report to the Under Secretary. (3) Responsibilities The Director shall administer the Fund to award competitive, merit-reviewed grants, cooperative agreements or contracts to public or private entities, including businesses, federally funded research and development centers, and universities. The Director shall administer the Fund to - (A) support basic and applied homeland security research to promote revolutionary changes in technologies that would promote homeland security; (B) advance the development, testing and evaluation, and deployment of critical homeland security technologies; and (C) accelerate the prototyping and deployment of technologies that would address homeland security vulnerabilities. (4) Targeted competitions The Director may solicit proposals to address specific vulnerabilities identified by the Director. (5) Coordination The Director shall ensure that the activities of HSARPA are coordinated with those of other relevant research agencies, and may run projects jointly with other agencies. (6) Personnel In hiring personnel for HSARPA, the Secretary shall have the hiring and management authorities described in section 1101 of the Strom Thurmond National Defense Authorization Act for Fiscal Year 1999 (5 U.S.C. 3104 note; Public Law 105-261). The term of appointments for employees under subsection (c)(1) of that section may not exceed 5 years before the granting of any extension under subsection (c)(2) of that section. (7) Demonstrations The Director, periodically, shall hold homeland security technology demonstrations to improve contact among technology developers, vendors and acquisition personnel. (c) Fund (1) Establishment There is established the Acceleration Fund for Research and Development of Homeland Security Technologies, which shall be administered by the Director of HSARPA. (2) Authorization of appropriations There are authorized to be appropriated $500,000,000 to the Fund for fiscal year 2003 and such sums as may be necessary thereafter. (3) Coast Guard Of the funds authorized to be appropriated under paragraph (2), not less than 10 percent of such funds for each fiscal year through fiscal year 2005 shall be authorized only for the Under Secretary, through joint agreement with the Commandant of the Coast Guard, to carry out research and development of improved ports, waterways and coastal security surveillance and perimeter protection capabilities for the purpose of minimizing the possibility that Coast Guard cutters, aircraft, helicopters, and personnel will be diverted from non-homeland security missions to the ports, waterways and coastal security mission. -SOURCE- (Pub. L. 107-296, title III, Sec. 307, Nov. 25, 2002, 116 Stat. 2168.) -End- -CITE- 6 USC Sec. 188 01/07/2011 -EXPCITE- TITLE 6 - DOMESTIC SECURITY CHAPTER 1 - HOMELAND SECURITY ORGANIZATION SUBCHAPTER III - SCIENCE AND TECHNOLOGY IN SUPPORT OF HOMELAND SECURITY -HEAD- Sec. 188. Conduct of research, development, demonstration, testing and evaluation -STATUTE- (a) In general The Secretary, acting through the Under Secretary for Science and Technology, shall carry out the responsibilities under section 182(4) of this title through both extramural and intramural programs. (b) Extramural programs (1) In general The Secretary, acting through the Under Secretary for Science and Technology, shall operate extramural research, development, demonstration, testing, and evaluation programs so as to - (A) ensure that colleges, universities, private research institutes, and companies (and consortia thereof) from as many areas of the United States as practicable participate; (B) ensure that the research funded is of high quality, as determined through merit review processes developed under section 182(14) of this title; and (C) distribute funds through grants, cooperative agreements, and contracts. (2) University-based centers for homeland security (A) Designation The Secretary, acting through the Under Secretary for Science and Technology, shall designate a university-based center or several university-based centers for homeland security. The purpose of the center or these centers shall be to establish a coordinated, university-based system to enhance the Nation's homeland security. (B) Criteria for designation Criteria for the designation of colleges or universities as a center for homeland security, shall include, but are not limited to, demonstrated expertise in - (i) The training of first responders. (ii) Responding to incidents involving weapons of mass destruction and biological warfare. (iii) Emergency and diagnostic medical services. (iv) Chemical, biological, radiological, and nuclear countermeasures or detection. (v) Animal and plant health and diagnostics. (vi) Food safety. (vii) Water and wastewater operations. (viii) Port and waterway security. (ix) Multi-modal transportation. (x) Information security and information engineering. (xi) Engineering. (xii) Educational outreach and technical assistance. (xiii) Border transportation and security. (xiv) The public policy implications and public dissemination of homeland security related research and development. (C) Discretion of Secretary To the extent that exercising such discretion is in the interest of homeland security, and with respect to the designation of any given university-based center for homeland security, the Secretary may except certain criteria as specified in subparagraph (B) and consider additional criteria beyond those specified in subparagraph (B). Upon designation of a university-based center for homeland security, the Secretary shall that day publish in the Federal Register the criteria that were excepted or added in the selection process and the justification for the set of criteria that were used for that designation. (D) Report to Congress The Secretary shall report annually, from the date of enactment, to Congress concerning the implementation of this section. That report shall indicate which center or centers have been designated and how the designation or designations enhance homeland security, as well as report any decisions to revoke or modify such designations. (E) Authorization of appropriations There are authorized to be appropriated such sums as may be necessary to carry out this paragraph. (c) Intramural programs (1) Consultation In carrying out the duties under section 182 of this title, the Secretary, acting through the Under Secretary for Science and Technology, may draw upon the expertise of any laboratory of the Federal Government, whether operated by a contractor or the Government. (2) Laboratories The Secretary, acting through the Under Secretary for Science and Technology, may establish a headquarters laboratory for the Department at any laboratory or site and may establish additional laboratory units at other laboratories or sites. (3) Criteria for headquarters laboratory If the Secretary chooses to establish a headquarters laboratory pursuant to paragraph (2), then the Secretary shall do the following: (A) Establish criteria for the selection of the headquarters laboratory in consultation with the National Academy of Sciences, appropriate Federal agencies, and other experts. (B) Publish the criteria in the Federal Register. (C) Evaluate all appropriate laboratories or sites against the criteria. (D) Select a laboratory or site on the basis of the criteria. (E) Report to the appropriate congressional committees on which laboratory was selected, how the selected laboratory meets the published criteria, and what duties the headquarters laboratory shall perform. (4) Limitation on operation of laboratories No laboratory shall begin operating as the headquarters laboratory of the Department until at least 30 days after the transmittal of the report required by paragraph (3)(E). -SOURCE- (Pub. L. 107-296, title III, Sec. 308, Nov. 25, 2002, 116 Stat. 2170; Pub. L. 108-7, div. L, Sec. 101(1), Feb. 20, 2003, 117 Stat. 526.) -REFTEXT- REFERENCES IN TEXT The date of enactment, referred to in subsec. (b)(2)(D), probably means the date of enactment of this section by Pub. L. 107-296, which was approved Nov. 25, 2002. -MISC1- AMENDMENTS 2003 - Subsecs. (a) to (c)(1). Pub. L. 108-7 added subsecs. (a) to (c)(1) and struck out former subsecs. (a) to (c)(1) which related to the responsibilities of the Secretary, acting through the Under Secretary for Science and Technology, to carry out the responsibilities under section 182(4) of this title through both extramural and intramural programs, to operate extramural research, development, demonstration, testing, and evaluation programs, to establish a coordinated, university-based system to enhance the Nation's homeland security, and to draw upon the expertise of any laboratory of the Federal Government. -End- -CITE- 6 USC Sec. 189 01/07/2011 -EXPCITE- TITLE 6 - DOMESTIC SECURITY CHAPTER 1 - HOMELAND SECURITY ORGANIZATION SUBCHAPTER III - SCIENCE AND TECHNOLOGY IN SUPPORT OF HOMELAND SECURITY -HEAD- Sec. 189. Utilization of Department of Energy national laboratories and sites in support of homeland security activities -STATUTE- (a) Authority to utilize national laboratories and sites (1) In general In carrying out the missions of the Department, the Secretary may utilize the Department of Energy national laboratories and sites through any 1 or more of the following methods, as the Secretary considers appropriate: (A) A joint sponsorship arrangement referred to in subsection (b) of this section. (B) A direct contract between the Department and the applicable Department of Energy laboratory or site, subject to subsection (c) of this section. (C) Any "work for others" basis made available by that laboratory or site. (D) Any other method provided by law. (2) Acceptance and performance by labs and sites Notwithstanding any other law governing the administration, mission, use, or operations of any of the Department of Energy national laboratories and sites, such laboratories and sites are authorized to accept and perform work for the Secretary, consistent with resources provided, and perform such work on an equal basis to other missions at the laboratory and not on a noninterference basis with other missions of such laboratory or site. (b) Joint sponsorship arrangements (1) Laboratories The Department may be a joint sponsor, under a multiple agency sponsorship arrangement with the Department of Energy, of 1 or more Department of Energy national laboratories in the performance of work. (2) Sites The Department may be a joint sponsor of a Department of Energy site in the performance of work as if such site were a federally funded research and development center and the work were performed under a multiple agency sponsorship arrangement with the Department. (3) Primary sponsor The Department of Energy shall be the primary sponsor under a multiple agency sponsorship arrangement referred to in paragraph (1) or (2). (4) Lead agent The Secretary of Energy shall act as the lead agent in coordinating the formation and performance of a joint sponsorship arrangement under this subsection between the Department and a Department of Energy national laboratory or site. (5) Federal acquisition regulation Any work performed by a Department of Energy national laboratory or site under a joint sponsorship arrangement under this subsection shall comply with the policy on the use of federally funded research and development centers under the Federal Acquisition Regulations. (6) Funding The Department shall provide funds for work at the Department of Energy national laboratories or sites, as the case may be, under a joint sponsorship arrangement under this subsection under the same terms and conditions as apply to the primary sponsor of such national laboratory under section 3303(a)(1)(C) of title 41 or of such site to the extent such section applies to such site as a federally funded research and development center by reason of this subsection. (c) Separate contracting To the extent that programs or activities transferred by this chapter from the Department of Energy to the Department of Homeland Security are being carried out through direct contracts with the operator of a national laboratory or site of the Department of Energy, the Secretary of Homeland Security and the Secretary of Energy shall ensure that direct contracts for such programs and activities between the Department of Homeland Security and such operator are separate from the direct contracts of the Department of Energy with such operator. (d) Authority with respect to cooperative research and development agreements and licensing agreements In connection with any utilization of the Department of Energy national laboratories and sites under this section, the Secretary may permit the director of any such national laboratory or site to enter into cooperative research and development agreements or to negotiate licensing agreements with any person, any agency or instrumentality, of the United States, any unit of State or local government, and any other entity under the authority granted by section 3710a of title 15. Technology may be transferred to a non- Federal party to such an agreement consistent with the provisions of sections 3710 and 3710a of title 15. (e) Reimbursement of costs In the case of an activity carried out by the operator of a Department of Energy national laboratory or site in connection with any utilization of such laboratory or site under this section, the Department of Homeland Security shall reimburse the Department of Energy for costs of such activity through a method under which the Secretary of Energy waives any requirement for the Department of Homeland Security to pay administrative charges or personnel costs of the Department of Energy or its contractors in excess of the amount that the Secretary of Energy pays for an activity carried out by such contractor and paid for by the Department of Energy. (f) Laboratory directed research and development by the Department of Energy No funds authorized to be appropriated or otherwise made available to the Department in any fiscal year may be obligated or expended for laboratory directed research and development activities carried out by the Department of Energy unless such activities support the missions of the Department of Homeland Security. (g) Office for National Laboratories There is established within the Directorate of Science and Technology an Office for National Laboratories, which shall be responsible for the coordination and utilization of the Department of Energy national laboratories and sites under this section in a manner to create a networked laboratory system for the purpose of supporting the missions of the Department. (h) Department of Energy coordination on homeland security related research The Secretary of Energy shall ensure that any research, development, test, and evaluation activities conducted within the Department of Energy that are directly or indirectly related to homeland security are fully coordinated with the Secretary to minimize duplication of effort and maximize the effective application of Federal budget resources. -SOURCE- (Pub. L. 107-296, title III, Sec. 309, Nov. 25, 2002, 116 Stat. 2172.) -REFTEXT- REFERENCES IN TEXT This chapter, referred to in subsec. (c), was in the original "this Act", meaning Pub. L. 107-296, Nov. 25, 2002, 116 Stat. 2135, known as the Homeland Security Act of 2002, which is classified principally to this chapter. For complete classification of this Act to the Code, see Short Title note set out under section 101 of this title and Tables. -COD- CODIFICATION In subsec. (b)(6), "section 3303(a)(1)(C) of title 41" substituted for "section 303(b)(1)(C) of the Federal Property and Administrative Services Act of 1949 (41 U.S.C. 253(b)(1)(C))" on authority of Pub. L. 111-350, Sec. 6(c), Jan. 4, 2011, 124 Stat. 3854, which Act enacted Title 41, Public Contracts. -End- -CITE- 6 USC Sec. 190 01/07/2011 -EXPCITE- TITLE 6 - DOMESTIC SECURITY CHAPTER 1 - HOMELAND SECURITY ORGANIZATION SUBCHAPTER III - SCIENCE AND TECHNOLOGY IN SUPPORT OF HOMELAND SECURITY -HEAD- Sec. 190. Transfer of Plum Island Animal Disease Center, Department of Agriculture -STATUTE- (a) In general In accordance with subchapter XII of this chapter, the Secretary of Agriculture shall transfer to the Secretary of Homeland Security the Plum Island Animal Disease Center of the Department of Agriculture, including the assets and liabilities of the Center. (b) Continued Department of Agriculture access On completion of the transfer of the Plum Island Animal Disease Center under subsection (a) of this section, the Secretary of Homeland Security and the Secretary of Agriculture shall enter into an agreement to ensure that the Department of Agriculture is able to carry out research, diagnostic, and other activities of the Department of Agriculture at the Center. (c) Direction of activities The Secretary of Agriculture shall continue to direct the research, diagnostic, and other activities of the Department of Agriculture at the Center described in subsection (b) of this section. (d) Notification (1) In general At least 180 days before any change in the biosafety level at the Plum Island Animal Disease Center, the President shall notify Congress of the change and describe the reasons for the change. (2) Limitation No change described in paragraph (1) may be made earlier than 180 days after the completion of the transition period (as defined in section 541 of this title). -SOURCE- (Pub. L. 107-296, title III, Sec. 310, Nov. 25, 2002, 116 Stat. 2174.) -End- -CITE- 6 USC Sec. 191 01/07/2011 -EXPCITE- TITLE 6 - DOMESTIC SECURITY CHAPTER 1 - HOMELAND SECURITY ORGANIZATION SUBCHAPTER III - SCIENCE AND TECHNOLOGY IN SUPPORT OF HOMELAND SECURITY -HEAD- Sec. 191. Homeland Security Science and Technology Advisory Committee -STATUTE- (a) Establishment There is established within the Department a Homeland Security Science and Technology Advisory Committee (in this section referred to as the "Advisory Committee"). The Advisory Committee shall make recommendations with respect to the activities of the Under Secretary for Science and Technology, including identifying research areas of potential importance to the security of the Nation. (b) Membership (1) Appointment The Advisory Committee shall consist of 20 members appointed by the Under Secretary for Science and Technology, which shall include emergency first-responders or representatives of organizations or associations of emergency first-responders. The Advisory Committee shall also include representatives of citizen groups, including economically disadvantaged communities. The individuals appointed as members of the Advisory Committee - (A) shall be eminent in fields such as emergency response, research, engineering, new product development, business, and management consulting; (B) shall be selected solely on the basis of established records of distinguished service; (C) shall not be employees of the Federal Government; and (D) shall be so selected as to provide representation of a cross-section of the research, development, demonstration, and deployment activities supported by the Under Secretary for Science and Technology. (2) National Research Council The Under Secretary for Science and Technology may enter into an arrangement for the National Research Council to select members of the Advisory Committee, but only if the panel used by the National Research Council reflects the representation described in paragraph (1). (c) Terms of office (1) In general Except as otherwise provided in this subsection, the term of office of each member of the Advisory Committee shall be 3 years. (2) Original appointments The original members of the Advisory Committee shall be appointed to three classes. One class of six shall have a term of 1 year, one class of seven a term of 2 years, and one class of seven a term of 3 years. (3) Vacancies A member appointed to fill a vacancy occurring before the expiration of the term for which the member's predecessor was appointed shall be appointed for the remainder of such term. (d) Eligibility A person who has completed two consecutive full terms of service on the Advisory Committee shall thereafter be ineligible for appointment during the 1-year period following the expiration of the second such term. (e) Meetings The Advisory Committee shall meet at least quarterly at the call of the Chair or whenever one-third of the members so request in writing. Each member shall be given appropriate notice of the call of each meeting, whenever possible not less than 15 days before the meeting. (f) Quorum A majority of the members of the Advisory Committee not having a conflict of interest in the matter being considered by the Advisory Committee shall constitute a quorum. (g) Conflict of interest rules The Advisory Committee shall establish rules for determining when 1 of its members has a conflict of interest in a matter being considered by the Advisory Committee. (h) Reports (1) Annual report The Advisory Committee shall render an annual report to the Under Secretary for Science and Technology for transmittal to Congress on or before January 31 of each year. Such report shall describe the activities and recommendations of the Advisory Committee during the previous year. (2) Additional reports The Advisory Committee may render to the Under Secretary for transmittal to Congress such additional reports on specific policy matters as it considers appropriate. (i) Federal Advisory Committee Act exemption Section 14 of the Federal Advisory Committee Act shall not apply to the Advisory Committee. (j) Termination The Department of Homeland Security Science and Technology Advisory Committee shall terminate on December 31, 2008. -SOURCE- (Pub. L. 107-296, title III, Sec. 311, Nov. 25, 2002, 116 Stat. 2174; Pub. L. 108-334, title V, Sec. 520, Oct. 18, 2004, 118 Stat. 1318; Pub. L. 109-347, title III, Sec. 302(a), Oct. 13, 2006, 120 Stat. 1920.) -REFTEXT- REFERENCES IN TEXT Section 14 of the Federal Advisory Committee Act, referred to in subsec. (i), is section 14 of Pub. L. 92-463, which is set out in the Appendix to Title 5, Government Organization and Employees. -MISC1- AMENDMENTS 2006 - Subsec. (j). Pub. L. 109-347 substituted "on December 31, 2008" for "3 years after the effective date of this chapter". 2004 - Subsec. (c)(2). Pub. L. 108-334 amended heading and text of par. (2) generally. Prior to amendment, text read as follows: "The original members of the Advisory Committee shall be appointed to three classes of three members each. One class shall have a term of 1 year, 1 a term of 2 years, and the other a term of 3 years." EFFECTIVE DATE OF 2006 AMENDMENT Pub. L. 109-347, title III, Sec. 302(b), Oct. 13, 2006, 120 Stat. 1921, provided that: "The amendment made by subsection (a) [amending this section] shall be effective as if enacted on the date of the enactment of the Homeland Security Act of 2002 (6 U.S.C. 101 et seq.) [Nov. 25, 2002]." -End- -CITE- 6 USC Sec. 192 01/07/2011 -EXPCITE- TITLE 6 - DOMESTIC SECURITY CHAPTER 1 - HOMELAND SECURITY ORGANIZATION SUBCHAPTER III - SCIENCE AND TECHNOLOGY IN SUPPORT OF HOMELAND SECURITY -HEAD- Sec. 192. Homeland Security Institute -STATUTE- (a) Establishment The Secretary shall establish a federally funded research and development center to be known as the "Homeland Security Institute" (in this section referred to as the "Institute"). (b) Administration The Institute shall be administered as a separate entity by the Secretary. (c) Duties The duties of the Institute shall be determined by the Secretary, and may include the following: (1) Systems analysis, risk analysis, and simulation and modeling to determine the vulnerabilities of the Nation's critical infrastructures and the effectiveness of the systems deployed to reduce those vulnerabilities. (2) Economic and policy analysis to assess the distributed costs and benefits of alternative approaches to enhancing security. (3) Evaluation of the effectiveness of measures deployed to enhance the security of institutions, facilities, and infrastructure that may be terrorist targets. (4) Identification of instances when common standards and protocols could improve the interoperability and effective utilization of tools developed for field operators and first responders. (5) Assistance for Federal agencies and departments in establishing testbeds to evaluate the effectiveness of technologies under development and to assess the appropriateness of such technologies for deployment. (6) Design of metrics and use of those metrics to evaluate the effectiveness of homeland security programs throughout the Federal Government, including all national laboratories. (7) Design of and support for the conduct of homeland security- related exercises and simulations. (8) Creation of strategic technology development plans to reduce vulnerabilities in the Nation's critical infrastructure and key resources. (d) Consultation on Institute activities In carrying out the duties described in subsection (c) of this section, the Institute shall consult widely with representatives from private industry, institutions of higher education, nonprofit institutions, other Government agencies, and federally funded research and development centers. (e) Use of centers The Institute shall utilize the capabilities of the National Infrastructure Simulation and Analysis Center. (f) Annual reports The Institute shall transmit to the Secretary and Congress an annual report on the activities of the Institute under this section. (g) Termination The Homeland Security Institute shall terminate 5 years after its establishment. -SOURCE- (Pub. L. 107-296, title III, Sec. 312, Nov. 25, 2002, 116 Stat. 2176; Pub. L. 108-334, title V, Sec. 519, Oct. 18, 2004, 118 Stat. 1318.) -MISC1- AMENDMENTS 2004 - Subsec. (g). Pub. L. 108-334 amended heading and text of subsec. (g) generally. Prior to amendment, text read as follows: "The Homeland Security Institute shall terminate 3 years after the effective date of this chapter." -End- -CITE- 6 USC Sec. 193 01/07/2011 -EXPCITE- TITLE 6 - DOMESTIC SECURITY CHAPTER 1 - HOMELAND SECURITY ORGANIZATION SUBCHAPTER III - SCIENCE AND TECHNOLOGY IN SUPPORT OF HOMELAND SECURITY -HEAD- Sec. 193. Technology clearinghouse to encourage and support innovative solutions to enhance homeland security -STATUTE- (a) Establishment of program The Secretary, acting through the Under Secretary for Science and Technology, shall establish and promote a program to encourage technological innovation in facilitating the mission of the Department (as described in section 111 of this title). (b) Elements of program The program described in subsection (a) of this section shall include the following components: (1) The establishment of a centralized Federal clearinghouse for information relating to technologies that would further the mission of the Department for dissemination, as appropriate, to Federal, State, and local government and private sector entities for additional review, purchase, or use. (2) The issuance of announcements seeking unique and innovative technologies to advance the mission of the Department. (3) The establishment of a technical assistance team to assist in screening, as appropriate, proposals submitted to the Secretary (except as provided in subsection (c)(2) of this section) to assess the feasibility, scientific and technical merits, and estimated cost of such proposals, as appropriate. (4) The provision of guidance, recommendations, and technical assistance, as appropriate, to assist Federal, State, and local government and private sector efforts to evaluate and implement the use of technologies described in paragraph (1) or (2). (5) The provision of information for persons seeking guidance on how to pursue proposals to develop or deploy technologies that would enhance homeland security, including information relating to Federal funding, regulation, or acquisition. (c) Miscellaneous provisions (1) In general Nothing in this section shall be construed as authorizing the Secretary or the technical assistance team established under subsection (b)(3) of this section to set standards for technology to be used by the Department, any other executive agency, any State or local government entity, or any private sector entity. (2) Certain proposals The technical assistance team established under subsection (b)(3) of this section shall not consider or evaluate proposals submitted in response to a solicitation for offers for a pending procurement or for a specific agency requirement. (3) Coordination In carrying out this section, the Secretary shall coordinate with the Technical Support Working Group (organized under the April 1982 National Security Decision Directive Numbered 30). -SOURCE- (Pub. L. 107-296, title III, Sec. 313, Nov. 25, 2002, 116 Stat. 2176.) -End- -CITE- 6 USC Sec. 194 01/07/2011 -EXPCITE- TITLE 6 - DOMESTIC SECURITY CHAPTER 1 - HOMELAND SECURITY ORGANIZATION SUBCHAPTER III - SCIENCE AND TECHNOLOGY IN SUPPORT OF HOMELAND SECURITY -HEAD- Sec. 194. Enhancement of public safety communications interoperability -STATUTE- (a) Coordination of public safety interoperable communications programs (1) Program The Secretary of Homeland Security, in consultation with the Secretary of Commerce and the Chairman of the Federal Communications Commission, shall establish a program to enhance public safety interoperable communications at all levels of government. Such program shall - (A) establish a comprehensive national approach to achieving public safety interoperable communications; (B) coordinate with other Federal agencies in carrying out subparagraph (A); (C) develop, in consultation with other appropriate Federal agencies and State and local authorities, appropriate minimum capabilities for communications interoperability for Federal, State, and local public safety agencies; (D) accelerate, in consultation with other Federal agencies, including the National Institute of Standards and Technology, the private sector, and nationally recognized standards organizations as appropriate, the development of national voluntary consensus standards for public safety interoperable communications, recognizing - (i) the value, life cycle, and technical capabilities of existing communications infrastructure; (ii) the need for cross-border interoperability between States and nations; (iii) the unique needs of small, rural communities; and (iv) the interoperability needs for daily operations and catastrophic events; (E) encourage the development and implementation of flexible and open architectures incorporating, where possible, technologies that currently are commercially available, with appropriate levels of security, for short-term and long-term solutions to public safety communications interoperability; (F) assist other Federal agencies in identifying priorities for research, development, and testing and evaluation with regard to public safety interoperable communications; (G) identify priorities within the Department of Homeland Security for research, development, and testing and evaluation with regard to public safety interoperable communications; (H) establish coordinated guidance for Federal grant programs for public safety interoperable communications; (I) provide technical assistance to State and local public safety agencies regarding planning, acquisition strategies, interoperability architectures, training, and other functions necessary to achieve public safety communications interoperability; (J) develop and disseminate best practices to improve public safety communications interoperability; and (K) develop appropriate performance measures and milestones to systematically measure the Nation's progress toward achieving public safety communications interoperability, including the development of national voluntary consensus standards. (2) Office for Interoperability and Compatibility (A) Establishment of Office The Secretary may establish an Office for Interoperability and Compatibility within the Directorate of Science and Technology to carry out this subsection. (B) Functions If the Secretary establishes such office, the Secretary shall, through such office - (i) carry out Department of Homeland Security responsibilities and authorities relating to the SAFECOM Program; and (ii) carry out section 321 (!1) of this title. (3) Authorization of appropriations There are authorized to be appropriated to the Secretary to carry out this subsection - (A) $22,105,000 for fiscal year 2005; (B) $22,768,000 for fiscal year 2006; (C) $23,451,000 for fiscal year 2007; (D) $24,155,000 for fiscal year 2008; and (E) $24,879,000 for fiscal year 2009. (b) Report Not later than 120 days after December 17, 2004, the Secretary shall report to the Congress on Department of Homeland Security plans for accelerating the development of national voluntary consensus standards for public safety interoperable communications, a schedule of milestones for such development, and achievements of such development. (c) International interoperability Not later than 18 months after December 17, 2004, the President shall establish a mechanism for coordinating cross-border interoperability issues between - (1) the United States and Canada; and (2) the United States and Mexico. (d) Omitted (e) Multiyear interoperability grants (1) Multiyear commitments In awarding grants to any State, region, local government, or Indian tribe for the purposes of enhancing interoperable communications capabilities for emergency response providers, the Secretary may commit to obligate Federal assistance beyond the current fiscal year, subject to the limitations and restrictions in this subsection. (2) Restrictions (A) Time limit No multiyear interoperability commitment may exceed 3 years in duration. (B) Amount of committed funds The total amount of assistance the Secretary has committed to obligate for any future fiscal year under paragraph (1) may not exceed $150,000,000. (3) Letters of intent (A) Issuance Pursuant to paragraph (1), the Secretary may issue a letter of intent to an applicant committing to obligate from future budget authority an amount, not more than the Federal Government's share of the project's cost, for an interoperability communications project (including interest costs and costs of formulating the project). (B) Schedule A letter of intent under this paragraph shall establish a schedule under which the Secretary will reimburse the applicant for the Federal Government's share of the project's costs, as amounts become available, if the applicant, after the Secretary issues the letter, carries out the project before receiving amounts under a grant issued by the Secretary. (C) Notice to Secretary An applicant that is issued a letter of intent under this subsection shall notify the Secretary of the applicant's intent to carry out a project pursuant to the letter before the project begins. (D) Notice to Congress The Secretary shall transmit a written notification to the Congress no later than 3 days before the issuance of a letter of intent under this section. (E) Limitations A letter of intent issued under this section is not an obligation of the Government under section 1501 of title 31 and is not deemed to be an administrative commitment for financing. An obligation or administrative commitment may be made only as amounts are provided in authorization and appropriations laws. (F) Statutory construction Nothing in this subsection shall be construed - (i) to prohibit the obligation of amounts pursuant to a letter of intent under this subsection in the same fiscal year as the letter of intent is issued; or (ii) to apply to, or replace, Federal assistance intended for interoperable communications that is not provided pursuant to a commitment under this subsection. (f) Interoperable communications plans Any applicant requesting funding assistance from the Secretary for interoperable communications for emergency response providers shall submit an Interoperable Communications Plan to the Secretary for approval. Such a plan shall - (1) describe the current state of communications interoperability in the applicable jurisdictions among Federal, State, and local emergency response providers and other relevant private resources; (2) describe the available and planned use of public safety frequency spectrum and resources for interoperable communications within such jurisdictions; (3) describe how the planned use of spectrum and resources for interoperable communications is compatible with surrounding capabilities and interoperable communications plans of Federal, State, and local governmental entities, military installations, foreign governments, critical infrastructure, and other relevant entities; (4) include a 5-year plan for the dedication of Federal, State, and local government and private resources to achieve a consistent, secure, and effective interoperable communications system, including planning, system design and engineering, testing and technology development, procurement and installation, training, and operations and maintenance; (5) describe how such 5-year plan meets or exceeds any applicable standards and grant requirements established by the Secretary; (6) include information on the governance structure used to develop the plan, including such information about all agencies and organizations that participated in developing the plan and the scope and timeframe of the plan; and (7) describe the method by which multi-jurisdictional, multidisciplinary input is provided from all regions of the jurisdiction, including any high-threat urban areas located in the jurisdiction, and the process for continuing to incorporate such input. (g) Definitions In this section: (1) Interoperable communications The term "interoperable communications" means the ability of emergency response providers and relevant Federal, State, and local government agencies to communicate with each other as necessary, through a dedicated public safety network utilizing information technology systems and radio communications systems, and to exchange voice, data, and video with one another on demand, in real time, as necessary. (2) Emergency response providers The term "emergency response providers" has the meaning that term has under section 101 of this title. (h) Omitted (i) Sense of Congress regarding interoperable communications (1) Finding The Congress finds that - (A) many first responders working in the same jurisdiction or in different jurisdictions cannot effectively and efficiently communicate with one another; and (B) their inability to do so threatens the public's safety and may result in unnecessary loss of lives and property. (2) Sense of Congress It is the sense of Congress that interoperable emergency communications systems and radios should continue to be deployed as soon as practicable for use by the first responder community, and that upgraded and new digital communications systems and new digital radios must meet prevailing national, voluntary consensus standards for interoperability. -SOURCE- (Pub. L. 108-458, title VII, Sec. 7303, Dec. 17, 2004, 118 Stat. 3843; Pub. L. 110-53, title III, Sec. 301(c), Aug. 3, 2007, 121 Stat. 299.) -REFTEXT- REFERENCES IN TEXT Section 321 of this title, referred to in subsec. (a)(2)(B)(ii), was in the original a reference to section 510 of the Homeland Security Act of 2002, as added by section 7303(d) of Pub. L. 108- 458, which was repealed by Pub. L. 109-295, title VI, Sec. 611(5), Oct. 4, 2006, 120 Stat. 1395. -COD- CODIFICATION Section is comprised of section 7303 of Pub. L. 108-458. Subsec. (d) of section 7303 of Pub. L. 108-458 enacted section 321 of this title. Subsec. (h) of section 7303 of Pub. L. 108-458 amended sections 238 and 312 of this title. Section was enacted as part of the Intelligence Reform and Terrorism Prevention Act of 2004, and also as part of the 9/11 Commission Implementation Act of 2004, and not as part of the Homeland Security Act of 2002 which comprises this chapter. Section 301(c) of Pub. L. 110-53, which directed the amendment of section 7303 of the "Intelligence Reform and Terrorist Prevention Act of 2004", was executed to this section, which is section 7303 of the Intelligence Reform and Terrorism Prevention Act of 2004, to reflect the probable intent of Congress. See 2007 Amendment notes below. -MISC1- AMENDMENTS 2007 - Subsec. (f)(6), (7). Pub. L. 110-53, Sec. 301(c)(1), added pars. (6) and (7). See Codification note above. Subsec. (g)(1). Pub. L. 110-53, Sec. 301(c)(2), substituted "and video" for "or video". See Codification note above. EFFECTIVE DATE Pub. L. 108-458, title VII, Sec. 7308, Dec. 17, 2004, 118 Stat. 3849, provided that: "Notwithstanding any other provision of this Act [see Tables for classification], this subtitle [subtitle C (Secs. 7301-7308) of title VII of Pub. L. 108-458, enacting this section and section 321 of this title, amending sections 238 and 312 of this title, and enacting provisions set out as notes under this section and section 5196 of Title 42, The Public Health and Welfare] shall take effect on the date of enactment of this Act [Dec. 17, 2004]." -TRANS- TRANSFER OF FUNCTIONS For transfer of the SAFECOM Program, excluding elements related to research, development, testing, and evaluation and standards, to the Director for Emergency Communications, see section 571(d)(1) of this title. -MISC2- CROSS BORDER INTEROPERABILITY REPORTS Pub. L. 110-53, title XXII, Sec. 2203, Aug. 3, 2007, 121 Stat. 541, provided that: "(a) In General. - Not later than 90 days after the date of enactment of this Act [Aug. 3, 2007], the Federal Communications Commission, in consultation with the Department of Homeland Security's Office of Emergency Communications, the Office of Management of [sic] Budget, and the Department of State shall report to the Senate Committee on Commerce, Science, and Transportation and the House of Representatives Committee on Energy and Commerce on - "(1) the status of the mechanism established by the President under section 7303(c) of the Intelligence Reform and Terrorism Prevention Act of 2004 (6 U.S.C. 194(c)) for coordinating cross border interoperability issues between - "(A) the United States and Canada; and "(B) the United States and Mexico; "(2) the status of treaty negotiations with Canada and Mexico regarding the coordination of the re-banding of 800 megahertz radios, as required under the final rule of the Federal Communication Commission in the 'Private Land Mobile Services; 800 MHz Public Safety Interface Proceeding' (WT Docket No. 02-55; ET Docket No. 00-258; ET Docket No. 95-18, RM-9498; RM-10024; FCC 04-168) including the status of any outstanding issues in the negotiations between - "(A) the United States and Canada; and "(B) the United States and Mexico; "(3) communications between the Commission and the Department of State over possible amendments to the bilateral legal agreements and protocols that govern the coordination process for license applications seeking to use channels and frequencies above Line A; "(4) the annual rejection rate for the last 5 years by the United States of applications for new channels and frequencies by Canadian private and public entities; and "(5) any additional procedures and mechanisms that can be taken by the Commission to decrease the rejection rate for applications by United States private and public entities seeking licenses to use channels and frequencies above Line A. "(b) Updated Reports to Be Filed on the Status of Treaty of [sic] Negotiations. - The Federal Communications Commission, in conjunction with the Department of Homeland Security, the Office of Management of Budget, and the Department of State shall continually provide updated reports to the Committee on Commerce, Science, and Transportation of the Senate and the Committee on Energy and Commerce of the House of Representatives on the status of treaty negotiations under subsection (a)(2) until the appropriate United States treaty has been revised with each of - "(1) Canada; and "(2) Mexico. "(c) International Negotiations To Remedy Situation. - Not later than 90 days after the date of enactment of this Act [Aug. 3, 2007], the Secretary of the Department of State shall report to Congress on - "(1) the current process for considering applications by Canada for frequencies and channels by United States communities above Line A; "(2) the status of current negotiations to reform and revise such process; "(3) the estimated date of conclusion for such negotiations; "(4) whether the current process allows for automatic denials or dismissals of initial applications by the Government of Canada, and whether such denials or dismissals are currently occurring; and "(5) communications between the Department of State and the Federal Communications Commission pursuant to subsection (a)(3)." SUBMISSION OF REPORTS TO APPROPRIATE CONGRESSIONAL COMMITTEES Pub. L. 110-53, title XXII, Sec. 2205, Aug. 3, 2007, 121 Stat. 543, provided that: "In addition to the committees specifically enumerated to receive reports under this title [enacting provisions set out as note under this section, section 701 of this title, and section 247d-3a of Title 42, The Public Health and Welfare, and amending provisions set out as a note under section 309 of Title 47, Telegraphs, Telephones, and Radiotelegraphs], any report transmitted under the provisions of this title shall also be transmitted to the appropriate congressional committees (as defined in section 2(2) of the Homeland Security Act of 2002 (6 U.S.C. 101(2)))." REGIONAL MODEL STRATEGIC PLAN PILOT PROJECTS Pub. L. 108-458, title VII, Sec. 7304, Dec. 17, 2004, 118 Stat. 3847, directed the Secretary of Homeland Security, not later than 90 days after Dec. 17, 2004, to establish not fewer than 2 pilot projects in high threat urban areas or regions likely to implement a national model strategic plan in order to develop a regional strategic plan to foster interagency communication and coordinate the gathering of all Federal, State, and local first responders in that area, consistent with the national strategic plan developed by the Department of Homeland Security, and to submit to Congress an interim report regarding the progress of the interagency communications pilot projects 6 months after Dec. 17, 2004, and a final report 18 months after Dec. 17, 2004. -FOOTNOTE- (!1) See References in Text note below. -End- -CITE- 6 USC Sec. 195 01/07/2011 -EXPCITE- TITLE 6 - DOMESTIC SECURITY CHAPTER 1 - HOMELAND SECURITY ORGANIZATION SUBCHAPTER III - SCIENCE AND TECHNOLOGY IN SUPPORT OF HOMELAND SECURITY -HEAD- Sec. 195. Office for Interoperability and Compatibility -STATUTE- (a) Clarification of responsibilities The Director of the Office for Interoperability and Compatibility shall - (1) assist the Secretary in developing and implementing the science and technology aspects of the program described in subparagraphs (D), (E), (F), and (G) of section 194(a)(1) of this title; (2) in coordination with the Federal Communications Commission, the National Institute of Standards and Technology, and other Federal departments and agencies with responsibility for standards, support the creation of national voluntary consensus standards for interoperable emergency communications; (3) establish a comprehensive research, development, testing, and evaluation program for improving interoperable emergency communications; (4) establish, in coordination with the Director for Emergency Communications, requirements for interoperable emergency communications capabilities, which shall be nonproprietary where standards for such capabilities exist, for all public safety radio and data communications systems and equipment purchased using homeland security assistance administered by the Department, excluding any alert and warning device, technology, or system; (5) carry out the Department's responsibilities and authorities relating to research, development, testing, evaluation, or standards-related elements of the SAFECOM Program; (6) evaluate and assess new technology in real-world environments to achieve interoperable emergency communications capabilities; (7) encourage more efficient use of existing resources, including equipment, to achieve interoperable emergency communications capabilities; (8) test public safety communications systems that are less prone to failure, support new nonvoice services, use spectrum more efficiently, and cost less than existing systems; (9) coordinate with the private sector to develop solutions to improve emergency communications capabilities and achieve interoperable emergency communications capabilities; and (10) conduct pilot projects, in coordination with the Director for Emergency Communications, to test and demonstrate technologies, including data and video, that enhance - (A) the ability of emergency response providers and relevant government officials to continue to communicate in the event of natural disasters, acts of terrorism, and other man-made disasters; and (B) interoperable emergency communications capabilities. (b) Coordination The Director of the Office for Interoperability and Compatibility shall coordinate with the Director for Emergency Communications with respect to the SAFECOM program. (c) Sufficiency of resources The Secretary shall provide the Office for Interoperability and Compatibility the resources and staff necessary to carry out the responsibilities under this section. -SOURCE- (Pub. L. 107-296, title III, Sec. 314, as added Pub. L. 109-295, title VI, Sec. 672(a), Oct. 4, 2006, 120 Stat. 1441.) -End- -CITE- 6 USC Sec. 195a 01/07/2011 -EXPCITE- TITLE 6 - DOMESTIC SECURITY CHAPTER 1 - HOMELAND SECURITY ORGANIZATION SUBCHAPTER III - SCIENCE AND TECHNOLOGY IN SUPPORT OF HOMELAND SECURITY -HEAD- Sec. 195a. Emergency communications interoperability research and development -STATUTE- (a) In general The Under Secretary for Science and Technology, acting through the Director of the Office for Interoperability and Compatibility, shall establish a comprehensive research and development program to support and promote - (1) the ability of emergency response providers and relevant government officials to continue to communicate in the event of natural disasters, acts of terrorism, and other man-made disasters; and (2) interoperable emergency communications capabilities among emergency response providers and relevant government officials, including by - (A) supporting research on a competitive basis, including through the Directorate of Science and Technology and Homeland Security Advanced Research Projects Agency; and (B) considering the establishment of a Center of Excellence under the Department of Homeland Security Centers of Excellence Program focused on improving emergency response providers' communication capabilities. (b) Purposes The purposes of the program established under subsection (a) include - (1) supporting research, development, testing, and evaluation on emergency communication capabilities; (2) understanding the strengths and weaknesses of the public safety communications systems in use; (3) examining how current and emerging technology can make emergency response providers more effective, and how Federal, State, local, and tribal government agencies can use this technology in a coherent and cost-effective manner; (4) investigating technologies that could lead to long-term advancements in emergency communications capabilities and supporting research on advanced technologies and potential systemic changes to dramatically improve emergency communications; and (5) evaluating and validating advanced technology concepts, and facilitating the development and deployment of interoperable emergency communication capabilities. (c) Definitions For purposes of this section, the term "interoperable", with respect to emergency communications, has the meaning given the term in section 578 of this title. -SOURCE- (Pub. L. 107-296, title III, Sec. 315, as added Pub. L. 109-295, title VI, Sec. 673(a), Oct. 4, 2006, 120 Stat. 1443.) -End- -CITE- 6 USC Sec. 195b 01/07/2011 -EXPCITE- TITLE 6 - DOMESTIC SECURITY CHAPTER 1 - HOMELAND SECURITY ORGANIZATION SUBCHAPTER III - SCIENCE AND TECHNOLOGY IN SUPPORT OF HOMELAND SECURITY -HEAD- Sec. 195b. National Biosurveillance Integration Center -STATUTE- (a) Establishment The Secretary shall establish, operate, and maintain a National Biosurveillance Integration Center (referred to in this section as the "NBIC"), which shall be headed by a Directing Officer, under an office or directorate of the Department that is in existence as of August 3, 2007. (b) Primary mission The primary mission of the NBIC is to - (1) enhance the capability of the Federal Government to - (A) rapidly identify, characterize, localize, and track a biological event of national concern by integrating and analyzing data relating to human health, animal, plant, food, and environmental monitoring systems (both national and international); and (B) disseminate alerts and other information to Member Agencies and, in coordination with (and where possible through) Member Agencies, to agencies of State, local, and tribal governments, as appropriate, to enhance the ability of such agencies to respond to a biological event of national concern; and (2) oversee development and operation of the National Biosurveillance Integration System. (c) Requirements The NBIC shall detect, as early as possible, a biological event of national concern that presents a risk to the United States or the infrastructure or key assets of the United States, including by - (1) consolidating data from all relevant surveillance systems maintained by Member Agencies to detect biological events of national concern across human, animal, and plant species; (2) seeking private sources of surveillance, both foreign and domestic, when such sources would enhance coverage of critical surveillance gaps; (3) using an information technology system that uses the best available statistical and other analytical tools to identify and characterize biological events of national concern in as close to real-time as is practicable; (4) providing the infrastructure for such integration, including information technology systems and space, and support for personnel from Member Agencies with sufficient expertise to enable analysis and interpretation of data; (5) working with Member Agencies to create information technology systems that use the minimum amount of patient data necessary and consider patient confidentiality and privacy issues at all stages of development and apprise the Privacy Officer of such efforts; and (6) alerting Member Agencies and, in coordination with (and where possible through) Member Agencies, public health agencies of State, local, and tribal governments regarding any incident that could develop into a biological event of national concern. (d) Responsibilities of the Directing Officer of the NBIC (1) In general The Directing Officer of the NBIC shall - (A) on an ongoing basis, monitor the availability and appropriateness of surveillance systems used by the NBIC and those systems that could enhance biological situational awareness or the overall performance of the NBIC; (B) on an ongoing basis, review and seek to improve the statistical and other analytical methods used by the NBIC; (C) receive and consider other relevant homeland security information, as appropriate; and (D) provide technical assistance, as appropriate, to all Federal, regional, State, local, and tribal government entities and private sector entities that contribute data relevant to the operation of the NBIC. (2) Assessments The Directing Officer of the NBIC shall - (A) on an ongoing basis, evaluate available data for evidence of a biological event of national concern; and (B) integrate homeland security information with NBIC data to provide overall situational awareness and determine whether a biological event of national concern has occurred. (3) Information sharing (A) In general The Directing Officer of the NBIC shall - (i) establish a method of real-time communication with the National Operations Center; (ii) in the event that a biological event of national concern is detected, notify the Secretary and disseminate results of NBIC assessments relating to that biological event of national concern to appropriate Federal response entities and, in coordination with relevant Member Agencies, regional, State, local, and tribal governmental response entities in a timely manner; (iii) provide any report on NBIC assessments to Member Agencies and, in coordination with relevant Member Agencies, any affected regional, State, local, or tribal government, and any private sector entity considered appropriate that may enhance the mission of such Member Agencies, governments, or entities or the ability of the Nation to respond to biological events of national concern; and (iv) share NBIC incident or situational awareness reports, and other relevant information, consistent with the information sharing environment established under section 485 of this title and any policies, guidelines, procedures, instructions, or standards established under that section. (B) Consultation The Directing Officer of the NBIC shall implement the activities described in subparagraph (A) consistent with the policies, guidelines, procedures, instructions, or standards established under section 485 of this title and in consultation with the Director of National Intelligence, the Under Secretary for Intelligence and Analysis, and other offices or agencies of the Federal Government, as appropriate. (e) Responsibilities of the NBIC member agencies (1) (!1) In general Each Member Agency shall - (A) use its best efforts to integrate biosurveillance information into the NBIC, with the goal of promoting information sharing between Federal, State, local, and tribal governments to detect biological events of national concern; (B) provide timely information to assist the NBIC in maintaining biological situational awareness for accurate detection and response purposes; (C) enable the NBIC to receive and use biosurveillance information from member agencies to carry out its requirements under subsection (c); (D) connect the biosurveillance data systems of that Member Agency to the NBIC data system under mutually agreed protocols that are consistent with subsection (c)(5); (E) participate in the formation of strategy and policy for the operation of the NBIC and its information sharing; (F) provide personnel to the NBIC under an interagency personnel agreement and consider the qualifications of such personnel necessary to provide human, animal, and environmental data analysis and interpretation support to the NBIC; and (G) retain responsibility for the surveillance and intelligence systems of that department or agency, if applicable. (f) Administrative authorities (1) Hiring of experts The Directing Officer of the NBIC shall hire individuals with the necessary expertise to develop and operate the NBIC. (2) Detail of personnel Upon the request of the Directing Officer of the NBIC, the head of any Federal department or agency may detail, on a reimbursable basis, any of the personnel of that department or agency to the Department to assist the NBIC in carrying out this section. (g) NBIC interagency working group The Directing Officer of the NBIC shall - (1) establish an interagency working group to facilitate interagency cooperation and to advise the Directing Officer of the NBIC regarding recommendations to enhance the biosurveillance capabilities of the Department; and (2) invite Member Agencies to serve on that working group. (h) Relationship to other departments and agencies The authority of the Directing Officer of the NBIC under this section shall not affect any authority or responsibility of any other department or agency of the Federal Government with respect to biosurveillance activities under any program administered by that department or agency. (i) Authorization of appropriations There are authorized to be appropriated such sums as are necessary to carry out this section. (j) Definitions In this section: (1) The terms "biological agent" and "toxin" have the meanings given those terms in section 178 of title 18. (2) The term "biological event of national concern" means - (A) an act of terrorism involving a biological agent or toxin; or (B) a naturally occurring outbreak of an infectious disease that may result in a national epidemic. (3) The term "homeland security information" has the meaning given that term in section 482 of this title. (4) The term "Member Agency" means any Federal department or agency that, at the discretion of the head of that department or agency, has entered a memorandum of understanding regarding participation in the NBIC. (5) The term "Privacy Officer" means the Privacy Officer appointed under section 142 of this title. -SOURCE- (Pub. L. 107-296, title III, Sec. 316, as added Pub. L. 110-53, title XI, Sec. 1101(a), Aug. 3, 2007, 121 Stat. 375.) -MISC1- DEADLINE FOR IMPLEMENTATION Pub. L. 110-53, title XI, Sec. 1101(c), Aug. 3, 2007, 121 Stat. 378, provided that: "The National Biosurveillance Integration Center under section 316 of the Homeland Security Act [of 2002, 6 U.S.C. 195b], as added by subsection (a), shall be fully operational by not later than September 30, 2008." -FOOTNOTE- (!1) So in original. No par. (2) has been enacted. -End- -CITE- 6 USC Sec. 195c 01/07/2011 -EXPCITE- TITLE 6 - DOMESTIC SECURITY CHAPTER 1 - HOMELAND SECURITY ORGANIZATION SUBCHAPTER III - SCIENCE AND TECHNOLOGY IN SUPPORT OF HOMELAND SECURITY -HEAD- Sec. 195c. Promoting antiterrorism through international cooperation program -STATUTE- (a) Definitions In this section: (1) Director The term "Director" means the Director selected under subsection (b)(2). (2) International cooperative activity The term "international cooperative activity" includes - (A) coordinated research projects, joint research projects, or joint ventures; (B) joint studies or technical demonstrations; (C) coordinated field exercises, scientific seminars, conferences, symposia, and workshops; (D) training of scientists and engineers; (E) visits and exchanges of scientists, engineers, or other appropriate personnel; (F) exchanges or sharing of scientific and technological information; and (G) joint use of laboratory facilities and equipment. (b) Science and Technology Homeland Security International Cooperative Programs Office (1) Establishment The Under Secretary shall establish the Science and Technology Homeland Security International Cooperative Programs Office. (2) Director The Office shall be headed by a Director, who - (A) shall be selected, in consultation with the Assistant Secretary for International Affairs, by and shall report to the Under Secretary; and (B) may be an officer of the Department serving in another position. (3) Responsibilities (A) Development of mechanisms The Director shall be responsible for developing, in coordination with the Department of State and, as appropriate, the Department of Defense, the Department of Energy, and other Federal agencies, understandings and agreements to allow and to support international cooperative activity in support of homeland security. (B) Priorities The Director shall be responsible for developing, in coordination with the Office of International Affairs and other Federal agencies, strategic priorities for international cooperative activity for the Department in support of homeland security. (C) Activities The Director shall facilitate the planning, development, and implementation of international cooperative activity to address the strategic priorities developed under subparagraph (B) through mechanisms the Under Secretary considers appropriate, including grants, cooperative agreements, or contracts to or with foreign public or private entities, governmental organizations, businesses (including small businesses and socially and economically disadvantaged small businesses (as those terms are defined in sections 632 and 637 of title 15, respectively)), federally funded research and development centers, and universities. (D) Identification of partners The Director shall facilitate the matching of United States entities engaged in homeland security research with non-United States entities engaged in homeland security research so that they may partner in homeland security research activities. (4) Coordination The Director shall ensure that the activities under this subsection are coordinated with the Office of International Affairs and the Department of State and, as appropriate, the Department of Defense, the Department of Energy, and other relevant Federal agencies or interagency bodies. The Director may enter into joint activities with other Federal agencies. (c) Matching funding (1) In general (A) Equitability The Director shall ensure that funding and resources expended in international cooperative activity will be equitably matched by the foreign partner government or other entity through direct funding, funding of complementary activities, or the provision of staff, facilities, material, or equipment. (B) Grant matching and repayment (i) In general The Secretary may require a recipient of a grant under this section - (I) to make a matching contribution of not more than 50 percent of the total cost of the proposed project for which the grant is awarded; and (II) to repay to the Secretary the amount of the grant (or a portion thereof), interest on such amount at an appropriate rate, and such charges for administration of the grant as the Secretary determines appropriate. (ii) Maximum amount The Secretary may not require that repayment under clause (i)(II) be more than 150 percent of the amount of the grant, adjusted for inflation on the basis of the Consumer Price Index. (2) Foreign partners Partners may include Israel, the United Kingdom, Canada, Australia, Singapore, and other allies in the global war on terrorism as determined to be appropriate by the Secretary of Homeland Security and the Secretary of State. (3) Loans of equipment The Director may make or accept loans of equipment for research and development and comparative testing purposes. (d) Foreign reimbursements If the Science and Technology Homeland Security International Cooperative Programs Office participates in an international cooperative activity with a foreign partner on a cost-sharing basis, any reimbursements or contributions received from that foreign partner to meet its share of the project may be credited to appropriate current appropriations accounts of the Directorate of Science and Technology. (e) Report to Congress on international cooperative activities Not later than one year after August 3, 2007, and every 5 years thereafter, the Under Secretary, acting through the Director, shall submit to Congress a report containing - (1) a brief description of each grant, cooperative agreement, or contract made or entered into under subsection (b)(3)(C), including the participants, goals, and amount and sources of funding; and (2) a list of international cooperative activities underway, including the participants, goals, expected duration, and amount and sources of funding, including resources provided to support the activities in lieu of direct funding. (f) Animal and zoonotic diseases As part of the international cooperative activities authorized in this section, the Under Secretary, in coordination with the Chief Medical Officer, the Department of State, and appropriate officials of the Department of Agriculture, the Department of Defense, and the Department of Health and Human Services, may enter into cooperative activities with foreign countries, including African nations, to strengthen American preparedness against foreign animal and zoonotic diseases overseas that could harm the Nation's agricultural and public health sectors if they were to reach the United States. (g) Construction; authorities of the Secretary of State Nothing in this section shall be construed to alter or affect the following provisions of law: (1) Title V of the Foreign Relations Authorization Act, Fiscal Year 1979 (22 U.S.C. 2656a et seq.). (2) Section 112b(c) of title 1. (3) Section 2651a(e)(2) of title 22. (4) Sections 2752 and 2767 of title 22. (5) Section 2382(c) of title 22. (h) Authorization of appropriations There are authorized to be appropriated to carry out this section such sums as are necessary. -SOURCE- (Pub. L. 107-296, title III, Sec. 317, as added Pub. L. 110-53, title XIX, Sec. 1901(b)(1), Aug. 3, 2007, 121 Stat. 505.) -REFTEXT- REFERENCES IN TEXT The Foreign Relations Authorization Act, Fiscal Year 1979, referred to in subsec. (g)(1), is Pub. L. 95-426, Oct. 7, 1978, 92 Stat. 963. Title V of the Act is classified generally to sections 2656a to 2656d of Title 22, Foreign Relations and Intercourse. For complete classification of this Act to the Code, see Tables. -MISC1- FINDINGS Pub. L. 110-53, title XIX, Sec. 1901(a), Aug. 3, 2007, 121 Stat. 505, provided that: "Congress finds the following: "(1) The development and implementation of technology is critical to combating terrorism and other high consequence events and implementing a comprehensive homeland security strategy. "(2) The United States and its allies in the global war on terrorism share a common interest in facilitating research, development, testing, and evaluation of equipment, capabilities, technologies, and services that will aid in detecting, preventing, responding to, recovering from, and mitigating against acts of terrorism. "(3) Certain United States allies in the global war on terrorism, including Israel, the United Kingdom, Canada, Australia, and Singapore have extensive experience with, and technological expertise in, homeland security. "(4) The United States and certain of its allies in the global war on terrorism have a history of successful collaboration in developing mutually beneficial equipment, capabilities, technologies, and services in the areas of defense, agriculture, and telecommunications. "(5) The United States and its allies in the global war on terrorism will mutually benefit from the sharing of technological expertise to combat domestic and international terrorism. "(6) The establishment of an office to facilitate and support cooperative endeavors between and among government agencies, for- profit business entities, academic institutions, and nonprofit entities of the United States and its allies will safeguard lives and property worldwide against acts of terrorism and other high consequence events." TRANSPARENCY OF FUNDS Pub. L. 110-53, title XIX, Sec. 1902, Aug. 3, 2007, 121 Stat. 508, provided that: "For each Federal award (as that term is defined in section 2 of the Federal Funding Accountability and Transparency Act of 2006 [Pub. L. 109-282] (31 U.S.C. 6101 note)) under this title [enacting this section and provisions set out as notes under this section] or an amendment made by this title, the Director of the Office of Management and Budget shall ensure full and timely compliance with the requirements of the Federal Funding Accountability and Transparency Act of 2006 (31 U.S.C. 6101 note)." -End- -CITE- 6 USC SUBCHAPTER IV - DIRECTORATE OF BORDER AND TRANSPORTATION SECURITY 01/07/2011 -EXPCITE- TITLE 6 - DOMESTIC SECURITY CHAPTER 1 - HOMELAND SECURITY ORGANIZATION SUBCHAPTER IV - DIRECTORATE OF BORDER AND TRANSPORTATION SECURITY -HEAD- SUBCHAPTER IV - DIRECTORATE OF BORDER AND TRANSPORTATION SECURITY -End- -CITE- 6 USC Part A - Under Secretary for Border and Transportation Security 01/07/2011 -EXPCITE- TITLE 6 - DOMESTIC SECURITY CHAPTER 1 - HOMELAND SECURITY ORGANIZATION SUBCHAPTER IV - DIRECTORATE OF BORDER AND TRANSPORTATION SECURITY Part A - Under Secretary for Border and Transportation Security -HEAD- PART A - UNDER SECRETARY FOR BORDER AND TRANSPORTATION SECURITY -End- -CITE- 6 USC Sec. 201 01/07/2011 -EXPCITE- TITLE 6 - DOMESTIC SECURITY CHAPTER 1 - HOMELAND SECURITY ORGANIZATION SUBCHAPTER IV - DIRECTORATE OF BORDER AND TRANSPORTATION SECURITY Part A - Under Secretary for Border and Transportation Security -HEAD- Sec. 201. Under Secretary for Border and Transportation Security -STATUTE- There shall be in the Department a Directorate of Border and Transportation Security headed by an Under Secretary for Border and Transportation Security. -SOURCE- (Pub. L. 107-296, title IV, Sec. 401, Nov. 25, 2002, 116 Stat. 2177.) -End- -CITE- 6 USC Sec. 202 01/07/2011 -EXPCITE- TITLE 6 - DOMESTIC SECURITY CHAPTER 1 - HOMELAND SECURITY ORGANIZATION SUBCHAPTER IV - DIRECTORATE OF BORDER AND TRANSPORTATION SECURITY Part A - Under Secretary for Border and Transportation Security -HEAD- Sec. 202. Responsibilities -STATUTE- The Secretary, acting through the Under Secretary for Border and Transportation Security, shall be responsible for the following: (1) Preventing the entry of terrorists and the instruments of terrorism into the United States. (2) Securing the borders, territorial waters, ports, terminals, waterways, and air, land, and sea transportation systems of the United States, including managing and coordinating those functions transferred to the Department at ports of entry. (3) Carrying out the immigration enforcement functions vested by statute in, or performed by, the Commissioner of Immigration and Naturalization (or any officer, employee, or component of the Immigration and Naturalization Service) immediately before the date on which the transfer of functions specified under section 251 of this title takes effect. (4) Establishing and administering rules, in accordance with section 236 of this title, governing the granting of visas or other forms of permission, including parole, to enter the United States to individuals who are not a citizen or an alien lawfully admitted for permanent residence in the United States. (5) Establishing national immigration enforcement policies and priorities. (6) Except as provided in part C of this subchapter, administering the customs laws of the United States. (7) Conducting the inspection and related administrative functions of the Department of Agriculture transferred to the Secretary of Homeland Security under section 231 of this title. (8) In carrying out the foregoing responsibilities, ensuring the speedy, orderly, and efficient flow of lawful traffic and commerce. -SOURCE- (Pub. L. 107-296, title IV, Sec. 402, Nov. 25, 2002, 116 Stat. 2177.) -REFTEXT- REFERENCES IN TEXT Part C of this subchapter, referred to in par. (6), was in the original "subtitle C", meaning subtitle C (Sec. 421 et seq.) of title IV of Pub. L. 107-296, Nov. 25, 2002, 116 Stat. 2182, which enacted part C (Sec. 231 et seq.) of this subchapter and amended sections 2279e and 2279f of Title 7, Agriculture, and sections 115, 44901, and 47106 of Title 49, Transportation. For complete classification of subtitle C to the Code, see Tables. The customs laws of the United States, referred to in par. (6), are classified generally to Title 19, Customs Duties. -End- -CITE- 6 USC Sec. 203 01/07/2011 -EXPCITE- TITLE 6 - DOMESTIC SECURITY CHAPTER 1 - HOMELAND SECURITY ORGANIZATION SUBCHAPTER IV - DIRECTORATE OF BORDER AND TRANSPORTATION SECURITY Part A - Under Secretary for Border and Transportation Security -HEAD- Sec. 203. Functions transferred -STATUTE- In accordance with subchapter XII of this chapter (relating to transition provisions), there shall be transferred to the Secretary the functions, personnel, assets, and liabilities of - (1) the United States Customs Service of the Department of the Treasury, including the functions of the Secretary of the Treasury relating thereto; (2) the Transportation Security Administration of the Department of Transportation, including the functions of the Secretary of Transportation, and of the Under Secretary of Transportation for Security, relating thereto; (3) the Federal Protective Service of the General Services Administration, including the functions of the Administrator of General Services relating thereto; (4) the Federal Law Enforcement Training Center of the Department of the Treasury; and (5) the Office for Domestic Preparedness of the Office of Justice Programs, including the functions of the Attorney General relating thereto. -SOURCE- (Pub. L. 107-296, title IV, Sec. 403, Nov. 25, 2002, 116 Stat. 2178.) -End- -CITE- 6 USC Part B - United States Customs Service 01/07/2011 -EXPCITE- TITLE 6 - DOMESTIC SECURITY CHAPTER 1 - HOMELAND SECURITY ORGANIZATION SUBCHAPTER IV - DIRECTORATE OF BORDER AND TRANSPORTATION SECURITY Part B - United States Customs Service -HEAD- PART B - UNITED STATES CUSTOMS SERVICE -End- -CITE- 6 USC Sec. 211 01/07/2011 -EXPCITE- TITLE 6 - DOMESTIC SECURITY CHAPTER 1 - HOMELAND SECURITY ORGANIZATION SUBCHAPTER IV - DIRECTORATE OF BORDER AND TRANSPORTATION SECURITY Part B - United States Customs Service -HEAD- Sec. 211. Establishment; Commissioner of Customs -STATUTE- (a) Establishment There is established in the Department the United States Customs Service, under the authority of the Under Secretary for Border and Transportation Security, which shall be vested with those functions including, but not limited to those set forth in section 215(7) of this title, and the personnel, assets, and liabilities attributable to those functions. (b) Commissioner of Customs (1) In general There shall be at the head of the Customs Service a Commissioner of Customs, who shall be appointed by the President, by and with the advice and consent of the Senate. (2) Omitted (3) Continuation in office The individual serving as the Commissioner of Customs on the day before the effective date of this chapter may serve as the Commissioner of Customs on and after such effective date until a Commissioner of Customs is appointed under paragraph (1). -SOURCE- (Pub. L. 107-296, title IV, Sec. 411, Nov. 25, 2002, 116 Stat. 2178.) -REFTEXT- REFERENCES IN TEXT The effective date of this chapter, referred to in subsec. (b)(3), is 60 days after Nov. 25, 2002, see section 4 of Pub. L. 107-296, set out as an Effective Date note under section 101 of this title. -COD- CODIFICATION Section is comprised of section 411 of Pub. L. 107-296. Subsec. (b)(2) of section 411 of Pub. L. 107-296 amended section 5314 of Title 5, Government Organization and Employees. -CHANGE- CHANGE OF NAME Customs Service, referred to in subsecs. (a) and (b)(1), changed to Bureau of Customs and Border Protection by Reorganization Plan Modification for the Department of Homeland Security, eff. Mar. 1, 2003, H. Doc. No. 108-32, 108th Congress, 1st Session, set out as a note under section 542 of this title. -End- -CITE- 6 USC Sec. 212 01/07/2011 -EXPCITE- TITLE 6 - DOMESTIC SECURITY CHAPTER 1 - HOMELAND SECURITY ORGANIZATION SUBCHAPTER IV - DIRECTORATE OF BORDER AND TRANSPORTATION SECURITY Part B - United States Customs Service -HEAD- Sec. 212. Retention of Customs revenue functions by Secretary of the Treasury -STATUTE- (a) Retention of Customs revenue functions by Secretary of the Treasury (1) Retention of authority Notwithstanding section 203(a)(1) (!1) of this title, authority related to Customs revenue functions that was vested in the Secretary of the Treasury by law before the effective date of this chapter under those provisions of law set forth in paragraph (2) shall not be transferred to the Secretary by reason of this chapter, and on and after the effective date of this chapter, the Secretary of the Treasury may delegate any such authority to the Secretary at the discretion of the Secretary of the Treasury. The Secretary of the Treasury shall consult with the Secretary regarding the exercise of any such authority not delegated to the Secretary. (2) Statutes The provisions of law referred to in paragraph (1) are the following: the Tariff Act of 1930 [19 U.S.C. 1202 et seq.]; section 249 of the Revised Statutes of the United States (19 U.S.C. 3); section 2 of the Act of March 4, 1923 (19 U.S.C. 6); section 13031 of the Consolidated Omnibus Budget Reconciliation Act of 1985 (19 U.S.C. 58c); section 251 of the Revised Statutes of the United States (19 U.S.C. 66); section 1 of the Act of June 26, 1930 (19 U.S.C. 68); the Foreign Trade Zones Act (19 U.S.C. 81a et seq.); section 1 of the Act of March 2, 1911 (19 U.S.C. 198); the Trade Act of 1974 [19 U.S.C. 2101 et seq.]; the Trade Agreements Act of 1979; the North American Free Trade Area Implementation Act; the Uruguay Round Agreements Act; the Caribbean Basin Economic Recovery Act [19 U.S.C. 2701 et seq.]; the Andean Trade Preference Act [19 U.S.C. 3201 et seq.]; the African Growth and Opportunity Act [19 U.S.C. 3701 et seq.]; and any other provision of law vesting customs revenue functions in the Secretary of the Treasury. (b) Maintenance of Customs revenue functions (1) Maintenance of functions Notwithstanding any other provision of this chapter, the Secretary may not consolidate, discontinue, or diminish those functions described in paragraph (2) performed by the United States Customs Service (as established under section 211 of this title) on or after the effective date of this chapter, reduce the staffing level, or reduce the resources attributable to such functions, and the Secretary shall ensure that an appropriate management structure is implemented to carry out such functions. (2) Functions The functions referred to in paragraph (1) are those functions performed by the following personnel, and associated support staff, of the United States Customs Service on the day before the effective date of this chapter: Import Specialists, Entry Specialists, Drawback Specialists, National Import Specialist, Fines and Penalties Specialists, attorneys of the Office of Regulations and Rulings, Customs Auditors, International Trade Specialists, Financial Systems Specialists. (c) New personnel The Secretary of the Treasury is authorized to appoint up to 20 new personnel to work with personnel of the Department in performing customs revenue functions. -SOURCE- (Pub. L. 107-296, title IV, Sec. 412, Nov. 25, 2002, 116 Stat. 2179.) -REFTEXT- REFERENCES IN TEXT The effective date of this chapter, referred to in subsecs. (a)(1) and (b), is 60 days after Nov. 25, 2002, see section 4 of Pub. L. 107-296, set out as an Effective Date note under section 101 of this title. This chapter, referred to in subsecs. (a)(1) and (b)(1), was in the original "this Act", meaning Pub. L. 107-296, Nov. 25, 2002, 116 Stat. 2135, known as the Homeland Security Act of 2002, which is classified principally to this chapter. For complete classification of this Act to the Code, see Short Title note set out under section 101 of this title and Tables. The Tariff Act of 1930, referred to in subsec. (a)(2), is act June 17, 1930, ch. 497, 46 Stat. 590, as amended, which is classified generally to chapter 4 (Sec. 1202 et seq.) of Title 19, Customs Duties. For complete classification of this Act to the Code, see section 1654 of Title 19 and Tables. The Foreign Trade Zones Act, referred to in subsec. (a)(2), is act June 18, 1934, ch. 590, 48 Stat. 998, as amended, which is classified generally to chapter 1A (Sec. 81a et seq.) of Title 19, Customs Duties. For complete classification of this Act to the Code, see Tables. The Trade Act of 1974, referred to in subsec. (a)(2), is Pub. L. 93-618, Jan. 3, 1975, 88 Stat. 1978, as amended, which is classified principally to chapter 12 (Sec. 2101 et seq.) of Title 19, Customs Duties. For complete classification of this Act to the Code, see References in Text note set out under section 2101 of Title 19 and Tables. The Trade Agreements Act of 1979, referred to in subsec. (a)(2), is Pub. L. 96-39, July 26, 1979, 93 Stat. 144, as amended. For complete classification of this Act to the Code, see References in Text note set out under section 2501 of Title 19, Customs Duties, and Tables. The North American Free Trade Area Implementation Act, referred to in subsec. (a)(2), probably means the North American Free Trade Agreement Implementation Act, Pub. L. 103-182, Dec. 8, 1993, 107 Stat. 2057, as amended. For complete classification of this Act to the Code, see Short Title note set out under section 3301 of Title 19, Customs Duties, and Tables. The Uruguay Round Agreements Act, referred to in subsec. (a)(2), is Pub. L. 103-465, Dec. 8, 1994, 108 Stat. 4809, as amended. For complete classification of this Act to the Code, see Short Title note set out under section 3501 of Title 19, Customs Duties, and Tables. The Caribbean Basin Economic Recovery Act, referred to in subsec. (a)(2), is title II of Pub. L. 98-67, Aug. 5, 1983, 97 Stat. 384, as amended, which is classified principally to chapter 15 (Sec. 2701 et seq.) of Title 19, Customs Duties. For complete classification of this Act to the Code, see Short Title note set out under section 2701 of Title 19 and Tables. The Andean Trade Preference Act, referred to in subsec. (a)(2), is title II of Pub. L. 102-182, Dec. 4, 1991, 105 Stat. 1236, as amended, which is classified generally to chapter 20 (Sec. 3201 et seq.) of Title 19, Customs Duties. For complete classification of this Act to the Code, see Short Title note set out under section 3201 of Title 19 and Tables. The African Growth and Opportunity Act, referred to in subsec. (a)(2), is title I of Pub. L. 106-200, May 18, 2000, 114 Stat. 252, as amended, which is classified principally to chapter 23 (Sec. 3701 et seq.) of Title 19, Customs Duties. For complete classification of this Act to the Code, see Short Title note set out under section 3701 of Title 19 and Tables. -CHANGE- CHANGE OF NAME Customs Service, referred to in subsec. (b), changed to Bureau of Customs and Border Protection by Reorganization Plan Modification for the Department of Homeland Security, eff. Mar. 1, 2003, H. Doc. No. 108-32, 108th Congress, 1st Session, set out as a note under section 542 of this title. -FOOTNOTE- (!1) So in original. Probably should be section "203(1)". -End- -CITE- 6 USC Sec. 213 01/07/2011 -EXPCITE- TITLE 6 - DOMESTIC SECURITY CHAPTER 1 - HOMELAND SECURITY ORGANIZATION SUBCHAPTER IV - DIRECTORATE OF BORDER AND TRANSPORTATION SECURITY Part B - United States Customs Service -HEAD- Sec. 213. Preservation of Customs funds -STATUTE- Notwithstanding any other provision of this chapter, no funds available to the United States Customs Service or collected under paragraphs (1) through (8) of section 58c(a) of title 19 may be transferred for use by any other agency or office in the Department. -SOURCE- (Pub. L. 107-296, title IV, Sec. 413, Nov. 25, 2002, 116 Stat. 2180.) -REFTEXT- REFERENCES IN TEXT This chapter, referred to in text, was in the original "this Act", meaning Pub. L. 107-296, Nov. 25, 2002, 116 Stat. 2135, known as the Homeland Security Act of 2002, which is classified principally to this chapter. For complete classification of this Act to the Code, see Short Title note set out under section 101 of this title and Tables. -CHANGE- CHANGE OF NAME Customs Service, referred to in text, changed to Bureau of Customs and Border Protection by Reorganization Plan Modification for the Department of Homeland Security, eff. Mar. 1, 2003, H. Doc. No. 108-32, 108th Congress, 1st Session, set out as a note under section 542 of this title. -End- -CITE- 6 USC Sec. 214 01/07/2011 -EXPCITE- TITLE 6 - DOMESTIC SECURITY CHAPTER 1 - HOMELAND SECURITY ORGANIZATION SUBCHAPTER IV - DIRECTORATE OF BORDER AND TRANSPORTATION SECURITY Part B - United States Customs Service -HEAD- Sec. 214. Separate budget request for Customs -STATUTE- The President shall include in each budget transmitted to Congress under section 1105 of title 31 a separate budget request for the United States Customs Service. -SOURCE- (Pub. L. 107-296, title IV, Sec. 414, Nov. 25, 2002, 116 Stat. 2180.) -CHANGE- CHANGE OF NAME Customs Service, referred to in text, changed to Bureau of Customs and Border Protection by Reorganization Plan Modification for the Department of Homeland Security, eff. Mar. 1, 2003, H. Doc. No. 108-32, 108th Congress, 1st Session, set out as a note under section 542 of this title. -MISC1- LAND BORDER PROJECTS Pub. L. 111-83, title II, Oct. 28, 2009, 123 Stat. 2148, provided in part: "That for fiscal year 2011 and thereafter, the annual budget submission of U.S. Customs and Border Protection for 'Construction and Facilities Management' shall, in consultation with the General Services Administration, include a detailed 5-year plan for all Federal land border port of entry projects with a yearly update of total projected future funding needs delineated by land port of entry." Similar provisions were contained in the following prior appropriation act: Pub. L. 110-329, div. D, title II, Sept. 30, 2008, 122 Stat. 3658. -End- -CITE- 6 USC Sec. 215 01/07/2011 -EXPCITE- TITLE 6 - DOMESTIC SECURITY CHAPTER 1 - HOMELAND SECURITY ORGANIZATION SUBCHAPTER IV - DIRECTORATE OF BORDER AND TRANSPORTATION SECURITY Part B - United States Customs Service -HEAD- Sec. 215. Definition -STATUTE- In this part, the term "customs revenue function" means the following: (1) Assessing and collecting customs duties (including antidumping and countervailing duties and duties imposed under safeguard provisions), excise taxes, fees, and penalties due on imported merchandise, including classifying and valuing merchandise for purposes of such assessment. (2) Processing and denial of entry of persons, baggage, cargo, and mail, with respect to the assessment and collection of import duties. (3) Detecting and apprehending persons engaged in fraudulent practices designed to circumvent the customs laws of the United States. (4) Enforcing section 1337 of title 19 and provisions relating to import quotas and the marking of imported merchandise, and providing Customs Recordations for copyrights, patents, and trademarks. (5) Collecting accurate import data for compilation of international trade statistics. (6) Enforcing reciprocal trade agreements. (7) Functions performed by the following personnel, and associated support staff, of the United States Customs Service on the day before the effective date of this chapter: Import Specialists, Entry Specialists, Drawback Specialists, National Import Specialist, Fines and Penalties Specialists, attorneys of the Office of Regulations and Rulings, Customs Auditors, International Trade Specialists, Financial Systems Specialists. (8) Functions performed by the following offices, with respect to any function described in any of paragraphs (1) through (7), and associated support staff, of the United States Customs Service on the day before the effective date of this chapter: the Office of Information and Technology, the Office of Laboratory Services, the Office of the Chief Counsel, the Office of Congressional Affairs, the Office of International Affairs, and the Office of Training and Development. -SOURCE- (Pub. L. 107-296, title IV, Sec. 415, Nov. 25, 2002, 116 Stat. 2180.) -REFTEXT- REFERENCES IN TEXT This part, referred to in text, was in the original "this subtitle", meaning subtitle B (Secs. 411-419) of title IV of Pub. L. 107-296, Nov. 25, 2002, 116 Stat. 2178, which enacted this part, amended section 5314 of Title 5, Government Organization and Employees, section 58c of Title 19, Customs Duties, and provisions set out as a note under section 2075 of Title 19. For complete classification of subtitle B to the Code, see Tables. The effective date of this chapter, referred to in pars. (7) and (8), is 60 days after Nov. 25, 2002, see section 4 of Pub. L. 107- 296, set out as an Effective Date note under section 101 of this title. -End- -CITE- 6 USC Sec. 216 01/07/2011 -EXPCITE- TITLE 6 - DOMESTIC SECURITY CHAPTER 1 - HOMELAND SECURITY ORGANIZATION SUBCHAPTER IV - DIRECTORATE OF BORDER AND TRANSPORTATION SECURITY Part B - United States Customs Service -HEAD- Sec. 216. GAO report to Congress -STATUTE- Not later than 3 months after the effective date of this chapter, the Comptroller General of the United States shall submit to Congress a report that sets forth all trade functions performed by the executive branch, specifying each agency that performs each such function. -SOURCE- (Pub. L. 107-296, title IV, Sec. 416, Nov. 25, 2002, 116 Stat. 2181.) -REFTEXT- REFERENCES IN TEXT The effective date of this chapter, referred to in text, is 60 days after Nov. 25, 2002, see section 4 of Pub. L. 107-296, set out as an Effective Date note under section 101 of this title. -End- -CITE- 6 USC Sec. 217 01/07/2011 -EXPCITE- TITLE 6 - DOMESTIC SECURITY CHAPTER 1 - HOMELAND SECURITY ORGANIZATION SUBCHAPTER IV - DIRECTORATE OF BORDER AND TRANSPORTATION SECURITY Part B - United States Customs Service -HEAD- Sec. 217. Allocation of resources by the Secretary -STATUTE- (a) In general The Secretary shall ensure that adequate staffing is provided to assure that levels of customs revenue services provided on the day before the effective date of this chapter shall continue to be provided. (b) Notification of Congress The Secretary shall notify the Committee on Ways and Means of the House of Representatives and the Committee on Finance of the Senate at least 90 days prior to taking any action which would - (1) result in any significant reduction in customs revenue services, including hours of operation, provided at any office within the Department or any port of entry; (2) eliminate or relocate any office of the Department which provides customs revenue services; or (3) eliminate any port of entry. (c) Definition In this section, the term "customs revenue services" means those customs revenue functions described in paragraphs (1) through (6) and paragraph (8) of section 215 of this title. -SOURCE- (Pub. L. 107-296, title IV, Sec. 417, Nov. 25, 2002, 116 Stat. 2181.) -REFTEXT- REFERENCES IN TEXT The effective date of this chapter, referred to in subsec. (a), is 60 days after Nov. 25, 2002, see section 4 of Pub. L. 107-296, set out as an Effective Date note under section 101 of this title. -End- -CITE- 6 USC Sec. 218 01/07/2011 -EXPCITE- TITLE 6 - DOMESTIC SECURITY CHAPTER 1 - HOMELAND SECURITY ORGANIZATION SUBCHAPTER IV - DIRECTORATE OF BORDER AND TRANSPORTATION SECURITY Part B - United States Customs Service -HEAD- Sec. 218. Reports to Congress -STATUTE- (a) Continuing reports The United States Customs Service shall, on and after the effective date of this chapter, continue to submit to the Committee on Ways and Means of the House of Representatives and the Committee on Finance of the Senate any report required, on the day before such the (!1) effective date of this chapter, to be so submitted under any provision of law. (b) Report on conforming amendments Not later than 60 days after November 25, 2002, the Secretary of the Treasury shall submit a report to the Committee on Finance of the Senate and the Committee on Ways and Means of the House of Representatives of proposed conforming amendments to the statutes set forth under section 212(a)(2) of this title in order to determine the appropriate allocation of legal authorities described under this subsection. The Secretary of the Treasury shall also identify those authorities vested in the Secretary of the Treasury that are exercised by the Commissioner of Customs on or before the effective date of this section. -SOURCE- (Pub. L. 107-296, title IV, Sec. 418, Nov. 25, 2002, 116 Stat. 2181.) -REFTEXT- REFERENCES IN TEXT The effective date of this chapter and the effective date of this section, referred to in text, is 60 days after Nov. 25, 2002, see section 4 of Pub. L. 107-296, set out as an Effective Date note under section 101 of this title. -CHANGE- CHANGE OF NAME Customs Service, referred to in subsec. (a), changed to Bureau of Customs and Border Protection by Reorganization Plan Modification for the Department of Homeland Security, eff. Mar. 1, 2003, H. Doc. No. 108-32, 108th Congress, 1st Session, set out as a note under section 542 of this title. -FOOTNOTE- (!1) So in original. -End- -CITE- 6 USC Sec. 220 01/07/2011 -EXPCITE- TITLE 6 - DOMESTIC SECURITY CHAPTER 1 - HOMELAND SECURITY ORGANIZATION SUBCHAPTER IV - DIRECTORATE OF BORDER AND TRANSPORTATION SECURITY Part B - United States Customs Service -HEAD- Sec. 220. Methamphetamine and methamphetamine precursor chemicals -STATUTE- (a) Compliance with performance plan requirements As part of the annual performance plan required in the budget submission of the United States Customs and Border Protection under section 1115 of title 31, the Commissioner shall establish performance indicators relating to the seizure of methamphetamine and methamphetamine precursor chemicals in order to evaluate the performance goals of the United States Customs and Border Protection with respect to the interdiction of illegal drugs entering the United States. (b) Study and report relating to methamphetamine and methamphetamine precursor chemicals (1) Analysis The Commissioner shall, on an ongoing basis, analyze the movement of methamphetamine and methamphetamine precursor chemicals into the United States. In conducting the analysis, the Commissioner shall - (A) consider the entry of methamphetamine and methamphetamine precursor chemicals through ports of entry, between ports of entry, through international mails, and through international courier services; (B) examine the export procedures of each foreign country where the shipments of methamphetamine and methamphetamine precursor chemicals originate and determine if changes in the country's customs over time provisions would alleviate the export of methamphetamine and methamphetamine precursor chemicals; and (C) identify emerging trends in smuggling techniques and strategies. (2) Report Not later than September 30, 2007, and each 2-year period thereafter, the Commissioner, in the consultation with the Attorney General, United States Immigration and Customs Enforcement, the United States Drug Enforcement Administration, and the United States Department of State, shall submit a report to the Committee on Finance of the Senate, the Committee on Foreign Relations of the Senate, the Committee on the Judiciary of the Senate, the Committee on Ways and Means of the House of Representatives, the Committee on International Relations of the House of Representatives, and the Committee on the Judiciary of the House of Representatives, that includes - (A) a comprehensive summary of the analysis described in paragraph (1); and (B) a description of how the Untied (!1) States Customs and Border Protection utilized the analysis described in paragraph (1) to target shipments presenting a high risk for smuggling or circumvention of the Combat Methamphetamine Epidemic Act of 2005 (Public Law 109-177). (3) Availability of analysis The Commissioner shall ensure that the analysis described in paragraph (1) is made available in a timely manner to the Secretary of State to facilitate the Secretary in fulfilling the Secretary's reporting requirements in section 722 of the Combat Methamphetamine Epidemic Act of 2005. (c) Definition In this section, the term "methamphetamine precursor chemicals" means the chemicals ephedrine, pseudoephedrine, or phenylpropanolamine, including each of the salts, optical isomers, and salts of optical isomers of such chemicals. -SOURCE- (Pub. L. 109-347, title VII, Sec. 707, Oct. 13, 2006, 120 Stat. 1946.) -REFTEXT- REFERENCES IN TEXT The Combat Methamphetamine Epidemic Act of 2005, referred to in subsec. (b)(2)(B), is Pub. L. 109-177, title VII, Mar. 9, 2006, 120 Stat. 256. Section 722 of the Act amended sections 2291h, 2291j, and 2291j-1 of Title 22, Foreign Relations and Intercourse, and enacted provisions set out as a note under section 2291h of Title 22. For complete classification of this Act to the Code, see Short Title note set out under section 801 of Title 21, Food and Drugs, and Tables. -COD- CODIFICATION Section was enacted as part of the Security and Accountability For Every Port Act of 2006, also known as the SAFE Port Act, and not as part of the Homeland Security Act of 2002 which comprises this chapter. -CHANGE- CHANGE OF NAME Committee on International Relations of House of Representatives changed to Committee on Foreign Affairs of House of Representatives by House Resolution No. 6, One Hundred Tenth Congress, Jan. 5, 2007. -CROSS- DEFINITIONS For definition of "Commissioner" as used in this section, see section 901 of this title. -FOOTNOTE- (!1) So in original. -End- -CITE- 6 USC Sec. 221 01/07/2011 -EXPCITE- TITLE 6 - DOMESTIC SECURITY CHAPTER 1 - HOMELAND SECURITY ORGANIZATION SUBCHAPTER IV - DIRECTORATE OF BORDER AND TRANSPORTATION SECURITY Part B - United States Customs Service -HEAD- Sec. 221. Requirements with respect to administering polygraph examinations to law enforcement personnel of U.S. Customs and Border Protection -STATUTE- The Secretary of Homeland Security shall ensure that - (1) by not later than 2 years after January 4, 2011, all applicants for law enforcement positions with U.S. Customs and Border Protection receive polygraph examinations before being hired for such a position; and (2) by not later than 180 days after January 4, 2011, U.S. Customs and Border Protection initiates all periodic background reinvestigations for all law enforcement personnel of U.S. Customs and Border Protection that should receive periodic background reinvestigations pursuant to relevant policies of U.S. Customs and Border Protection in effect on the day before January 4, 2011. -SOURCE- (Pub. L. 111-376, Sec. 3, Jan. 4, 2011, 124 Stat. 4104.) -COD- CODIFICATION Section was enacted as part of the Anti-Border Corruption Act of 2010, and not as part of the Homeland Security Act of 2002 which comprises this chapter. -MISC1- FINDINGS Pub. L. 111-376, Sec. 2, Jan. 4, 2011, 124 Stat. 4104, provided that: "Congress makes the following findings: "(1) According to the Office of the Inspector General of the Department of Homeland Security, since 2003, 129 U.S. Customs and Border Protection officials have been arrested on corruption charges and, during 2009, 576 investigations were opened on allegations of improper conduct by U.S. Customs and Border Protection officials. "(2) To foster integrity in the workplace, established policy of U.S. Customs and Border Protection calls for - "(A) all job applicants for law enforcement positions at U.S. Customs and Border Protection to receive a polygraph examination and a background investigation before being offered employment; and "(B) relevant employees to receive a periodic background reinvestigation every 5 years. "(3) According to the Office of Internal Affairs of U.S. Customs and Border Protection - "(A) in 2009, less than 15 percent of applicants for jobs with U.S. Customs and Border Protection received polygraph examinations; "(B) as of March 2010, U.S. Customs and Border Protection had a backlog of approximately 10,000 periodic background reinvestigations of existing employees; and "(C) without additional resources, by the end of fiscal year 2010, the backlog of periodic background reinvestigations will increase to approximately 19,000." -End- -CITE- 6 USC Part C - Miscellaneous Provisions 01/07/2011 -EXPCITE- TITLE 6 - DOMESTIC SECURITY CHAPTER 1 - HOMELAND SECURITY ORGANIZATION SUBCHAPTER IV - DIRECTORATE OF BORDER AND TRANSPORTATION SECURITY Part C - Miscellaneous Provisions -HEAD- PART C - MISCELLANEOUS PROVISIONS -End- -CITE- 6 USC Sec. 231 01/07/2011 -EXPCITE- TITLE 6 - DOMESTIC SECURITY CHAPTER 1 - HOMELAND SECURITY ORGANIZATION SUBCHAPTER IV - DIRECTORATE OF BORDER AND TRANSPORTATION SECURITY Part C - Miscellaneous Provisions -HEAD- Sec. 231. Transfer of certain agricultural inspection functions of the Department of Agriculture -STATUTE- (a) Transfer of agricultural import and entry inspection functions There shall be transferred to the Secretary the functions of the Secretary of Agriculture relating to agricultural import and entry inspection activities under the laws specified in subsection (b) of this section. (b) Covered animal and plant protection laws The laws referred to in subsection (a) of this section are the following: (1) The Act commonly known as the Virus-Serum-Toxin Act (the eighth paragraph under the heading "Bureau of Animal Industry" in the Act of March 4, 1913; 21 U.S.C. 151 et seq.). (2) Section 1 of the Act of August 31, 1922 (commonly known as the Honeybee Act; 7 U.S.C. 281). (3) Title III of the Federal Seed Act (7 U.S.C. 1581 et seq.). (4) The Plant Protection Act (7 U.S.C. 7701 et seq.). (5) The Animal Health Protection Act (subtitle E of title X of Public Law 107-171; 7 U.S.C. 8301 et seq.). (6) The Lacey Act Amendments of 1981 (16 U.S.C. 3371 et seq.). (7) Section 11 of the Endangered Species Act of 1973 (16 U.S.C. 1540). (c) Exclusion of quarantine activities For purposes of this section, the term "functions" does not include any quarantine activities carried out under the laws specified in subsection (b) of this section. (d) Effect of transfer (1) Compliance with Department of Agriculture regulations The authority transferred pursuant to subsection (a) of this section shall be exercised by the Secretary in accordance with the regulations, policies, and procedures issued by the Secretary of Agriculture regarding the administration of the laws specified in subsection (b) of this section. (2) Rulemaking coordination The Secretary of Agriculture shall coordinate with the Secretary whenever the Secretary of Agriculture prescribes regulations, policies, or procedures for administering the functions transferred under subsection (a) of this section under a law specified in subsection (b) of this section. (3) Effective administration The Secretary, in consultation with the Secretary of Agriculture, may issue such directives and guidelines as are necessary to ensure the effective use of personnel of the Department of Homeland Security to carry out the functions transferred pursuant to subsection (a) of this section. (e) Transfer agreement (1) Agreement required; revision Before the end of the transition period, as defined in section 541 of this title, the Secretary of Agriculture and the Secretary shall enter into an agreement to effectuate the transfer of functions required by subsection (a) of this section. The Secretary of Agriculture and the Secretary may jointly revise the agreement as necessary thereafter. (2) Required terms The agreement required by this subsection shall specifically address the following: (A) The supervision by the Secretary of Agriculture of the training of employees of the Secretary to carry out the functions transferred pursuant to subsection (a) of this section. (B) The transfer of funds to the Secretary under subsection (f) of this section. (3) Cooperation and reciprocity The Secretary of Agriculture and the Secretary may include as part of the agreement the following: (A) Authority for the Secretary to perform functions delegated to the Animal and Plant Health Inspection Service of the Department of Agriculture regarding the protection of domestic livestock and plants, but not transferred to the Secretary pursuant to subsection (a) of this section. (B) Authority for the Secretary of Agriculture to use employees of the Department of Homeland Security to carry out authorities delegated to the Animal and Plant Health Inspection Service regarding the protection of domestic livestock and plants. (f) Periodic transfer of funds to Department of Homeland Security (1) Transfer of funds Out of funds collected by fees authorized under sections 136 and 136a of title 21, the Secretary of Agriculture shall transfer, from time to time in accordance with the agreement under subsection (e) of this section, to the Secretary funds for activities carried out by the Secretary for which such fees were collected. (2) Limitation The proportion of fees collected pursuant to such sections that are transferred to the Secretary under this subsection may not exceed the proportion of the costs incurred by the Secretary to all costs incurred to carry out activities funded by such fees. (g) Transfer of Department of Agriculture employees Not later than the completion of the transition period defined under section 541 of this title, the Secretary of Agriculture shall transfer to the Secretary not more than 3,200 full-time equivalent positions of the Department of Agriculture. -SOURCE- (Pub. L. 107-296, title IV, Sec. 421, Nov. 25, 2002, 116 Stat. 2182.) -REFTEXT- REFERENCES IN TEXT The Virus-Serum-Toxin Act, referred to in subsec. (b)(1), is the eighth paragraph under the heading "Bureau of Animal Industry" in act Mar. 4, 1913, ch. 145, 37 Stat. 832, 833, as amended, which is classified generally to chapter 5 (Sec. 151 et seq.) of Title 21, Food and Drugs. For complete classification of this Act to the Code, see Short Title note set out under section 151 of Title 21 and Tables. The Federal Seed Act, referred to in subsec. (b)(3), is act Aug. 9, 1939, ch. 615, 53 Stat. 1275, as amended. Title III of the Act is classified generally to subchapter III (Sec. 1581 et seq.) of chapter 37 of Title 7, Agriculture. For complete classification of this Act to the Code, see section 1551 of Title 7 and Tables. The Plant Protection Act, referred to in subsec. (b)(4), is title IV of Pub. L. 106-224, June 20, 2000, 114 Stat. 438, as amended, which is classified principally to chapter 104 (Sec. 7701 et seq.) of Title 7, Agriculture. For complete classification of this Act to the Code, see Short Title note set out under section 7701 of Title 7 and Tables. The Animal Health Protection Act, referred to in subsec. (b)(5), is subtitle E (Secs. 10401-10418) of title X of Pub. L. 107-171, May 13, 2002, 116 Stat. 494, which is classified principally to chapter 109 (Sec. 8301 et seq.) of Title 7, Agriculture. For complete classification of this Act to the Code, see Short Title note set out under section 8301 of Title 7 and Tables. The Lacey Act Amendments of 1981, referred to in subsec. (b)(6), is Pub. L. 97-79, Nov. 16, 1981, 95 Stat. 1073, as amended, which enacted chapter 53 (Sec. 3371 et seq.) of Title 16, Conservation, amended section 1540 of Title 16 and section 42 of Title 18, Crimes and Criminal Procedure, repealed sections 667e and 851 to 856 of Title 16 and sections 43, 44, 3054, and 3112 of Title 18, and enacted provisions set out as notes under sections 1540 and 3371 of Title 16. For complete classification of this Act to the Code, see Short Title note set out under section 3371 of Title 16 and Tables. -COD- CODIFICATION Section is comprised of section 421 of Pub. L. 107-296. Subsec. (h) of section 421 of Pub. L. 107-296 amended sections 2279e and 2279f of Title 7, Agriculture. -End- -CITE- 6 USC Sec. 232 01/07/2011 -EXPCITE- TITLE 6 - DOMESTIC SECURITY CHAPTER 1 - HOMELAND SECURITY ORGANIZATION SUBCHAPTER IV - DIRECTORATE OF BORDER AND TRANSPORTATION SECURITY Part C - Miscellaneous Provisions -HEAD- Sec. 232. Functions of Administrator of General Services -STATUTE- (a) Operation, maintenance, and protection of Federal buildings and grounds Nothing in this chapter may be construed to affect the functions or authorities of the Administrator of General Services with respect to the operation, maintenance, and protection of buildings and grounds owned or occupied by the Federal Government and under the jurisdiction, custody, or control of the Administrator. Except for the law enforcement and related security functions transferred under section 203(3) of this title, the Administrator shall retain all powers, functions, and authorities vested in the Administrator under chapter 1, except section 121(e)(2)(A), and chapters 5 to 11 of title 40 and other provisions of law that are necessary for the operation, maintenance, and protection of such buildings and grounds. (b) Collection of rents and fees; Federal Buildings Fund (1) Statutory construction Nothing in this chapter may be construed - (A) to direct the transfer of, or affect, the authority of the Administrator of General Services to collect rents and fees, including fees collected for protective services; or (B) to authorize the Secretary or any other official in the Department to obligate amounts in the Federal Buildings Fund established by section 592 of title 40. (2) Use of transferred amounts Any amounts transferred by the Administrator of General Services to the Secretary out of rents and fees collected by the Administrator shall be used by the Secretary solely for the protection of buildings or grounds owned or occupied by the Federal Government. -SOURCE- (Pub. L. 107-296, title IV, Sec. 422, Nov. 25, 2002, 116 Stat. 2184.) -REFTEXT- REFERENCES IN TEXT This chapter, referred to in subsecs. (a) and (b)(1), was in the original "this Act", meaning Pub. L. 107-296, Nov. 25, 2002, 116 Stat. 2135, known as the Homeland Security Act of 2002, which is classified principally to this chapter. For complete classification of this Act to the Code, see Short Title note set out under section 101 of this title and Tables. -COD- CODIFICATION "Chapter 1, except section 121(e)(2)(A), and chapters 5 to 11 of title 40" substituted in subsec. (a) for "chapter 10 of title 40" and "section 592 of title 40" substituted in subsec. (b)(1)(B) for "section 490(f) of title 40" on authority of Pub. L. 107-217, Sec. 5(c), Aug. 21, 2002, 116 Stat. 1303, the first section of which enacted Title 40, Public Buildings, Property, and Works. -End- -CITE- 6 USC Sec. 233 01/07/2011 -EXPCITE- TITLE 6 - DOMESTIC SECURITY CHAPTER 1 - HOMELAND SECURITY ORGANIZATION SUBCHAPTER IV - DIRECTORATE OF BORDER AND TRANSPORTATION SECURITY Part C - Miscellaneous Provisions -HEAD- Sec. 233. Functions of Transportation Security Administration -STATUTE- (a) Consultation with Federal Aviation Administration The Secretary and other officials in the Department shall consult with the Administrator of the Federal Aviation Administration before taking any action that might affect aviation safety, air carrier operations, aircraft airworthiness, or the use of airspace. The Secretary shall establish a liaison office within the Department for the purpose of consulting with the Administrator of the Federal Aviation Administration. (b) Report to Congress Not later than 60 days after November 25, 2002, the Secretary of Transportation shall transmit to Congress a report containing a plan for complying with the requirements of section 44901(d) of title 49. (c) Limitations on statutory construction (1) Grant of authority Nothing in this chapter may be construed to vest in the Secretary or any other official in the Department any authority over transportation security that is not vested in the Under Secretary of Transportation for Security, or in the Secretary of Transportation under chapter 449 of title 49 on the day before November 25, 2002. (2) Obligation of AIP funds Nothing in this chapter may be construed to authorize the Secretary or any other official in the Department to obligate amounts made available under section 48103 of title 49. -SOURCE- (Pub. L. 107-296, title IV, Sec. 423, Nov. 25, 2002, 116 Stat. 2185.) -REFTEXT- REFERENCES IN TEXT This chapter, referred to in subsec. (c), was in the original "this Act", meaning Pub. L. 107-296, Nov. 25, 2002, 116 Stat. 2135, known as the Homeland Security Act of 2002, which is classified principally to this chapter. For complete classification of this Act to the Code, see Short Title note set out under section 101 of this title and Tables. -End- -CITE- 6 USC Sec. 234 01/07/2011 -EXPCITE- TITLE 6 - DOMESTIC SECURITY CHAPTER 1 - HOMELAND SECURITY ORGANIZATION SUBCHAPTER IV - DIRECTORATE OF BORDER AND TRANSPORTATION SECURITY Part C - Miscellaneous Provisions -HEAD- Sec. 234. Preservation of Transportation Security Administration as a distinct entity -STATUTE- (a) In general Notwithstanding any other provision of this chapter, and subject to subsection (b) of this section, the Transportation Security Administration shall be maintained as a distinct entity within the Department under the Under Secretary for Border Transportation and Security. (b) Sunset Subsection (a) of this section shall cease to apply 2 years after November 25, 2002. -SOURCE- (Pub. L. 107-296, title IV, Sec. 424, Nov. 25, 2002, 116 Stat. 2185.) -REFTEXT- REFERENCES IN TEXT This chapter, referred to in subsec. (a), was in the original "this Act", meaning Pub. L. 107-296, Nov. 25, 2002, 116 Stat. 2135, known as the Homeland Security Act of 2002, which is classified principally to this chapter. For complete classification of this Act to the Code, see Short Title note set out under section 101 of this title and Tables. -End- -CITE- 6 USC Sec. 235 01/07/2011 -EXPCITE- TITLE 6 - DOMESTIC SECURITY CHAPTER 1 - HOMELAND SECURITY ORGANIZATION SUBCHAPTER IV - DIRECTORATE OF BORDER AND TRANSPORTATION SECURITY Part C - Miscellaneous Provisions -HEAD- Sec. 235. Coordination of information and information technology -STATUTE- (a) Definition of affected agency In this section, the term "affected agency" means - (1) the Department; (2) the Department of Agriculture; (3) the Department of Health and Human Services; and (4) any other department or agency determined to be appropriate by the Secretary. (b) Coordination The Secretary, in coordination with the Secretary of Agriculture, the Secretary of Health and Human Services, and the head of each other department or agency determined to be appropriate by the Secretary, shall ensure that appropriate information (as determined by the Secretary) concerning inspections of articles that are imported or entered into the United States, and are inspected or regulated by 1 or more affected agencies, is timely and efficiently exchanged between the affected agencies. (c) Report and plan Not later than 18 months after November 25, 2002, the Secretary, in consultation with the Secretary of Agriculture, the Secretary of Health and Human Services, and the head of each other department or agency determined to be appropriate by the Secretary, shall submit to Congress - (1) a report on the progress made in implementing this section; and (2) a plan to complete implementation of this section. -SOURCE- (Pub. L. 107-296, title IV, Sec. 427, Nov. 25, 2002, 116 Stat. 2187.) -End- -CITE- 6 USC Sec. 236 01/07/2011 -EXPCITE- TITLE 6 - DOMESTIC SECURITY CHAPTER 1 - HOMELAND SECURITY ORGANIZATION SUBCHAPTER IV - DIRECTORATE OF BORDER AND TRANSPORTATION SECURITY Part C - Miscellaneous Provisions -HEAD- Sec. 236. Visa issuance -STATUTE- (a) Definition In this subsection,(!1) the term "consular office" (!2) has the meaning given that term under section 101(a)(9) of the Immigration and Nationality Act (8 U.S.C. 1101(a)(9)). (b) In general Notwithstanding section 104(a) of the Immigration and Nationality Act (8 U.S.C. 1104(a)) or any other provision of law, and except as provided in subsection (c) of this section, the Secretary - (1) shall be vested exclusively with all authorities to issue regulations with respect to, administer, and enforce the provisions of such Act [8 U.S.C. 1101 et seq.], and of all other immigration and nationality laws, relating to the functions of consular officers of the United States in connection with the granting or refusal of visas, and shall have the authority to refuse visas in accordance with law and to develop programs of homeland security training for consular officers (in addition to consular training provided by the Secretary of State), which authorities shall be exercised through the Secretary of State, except that the Secretary shall not have authority to alter or reverse the decision of a consular officer to refuse a visa to an alien; and (2) shall have authority to confer or impose upon any officer or employee of the United States, with the consent of the head of the executive agency under whose jurisdiction such officer or employee is serving, any of the functions specified in paragraph (1). (c) Authority of the Secretary of State (1) In general Notwithstanding subsection (b) of this section, the Secretary of State may direct a consular officer to refuse a visa to an alien if the Secretary of State deems such refusal necessary or advisable in the foreign policy or security interests of the United States. (2) Construction regarding authority Nothing in this section, consistent with the Secretary of Homeland Security's authority to refuse visas in accordance with law, shall be construed as affecting the authorities of the Secretary of State under the following provisions of law: (A) Section 101(a)(15)(A) of the Immigration and Nationality Act (8 U.S.C. 1101(a)(15)(A)). (B) Section 204(d)(2) of the Immigration and Nationality Act (8 U.S.C. 1154) (as it will take effect upon the entry into force of the Convention on Protection of Children and Cooperation in Respect to Inter-Country adoption). (C) Section 212(a)(3)(B)(i)(IV)(bb) of the Immigration and Nationality Act (8 U.S.C. 1182(a)(3)(B)(i)(IV)(bb)). (D) Section 212(a)(3)(B)(i)(VI) of the Immigration and Nationality Act (8 U.S.C. 1182(a)(3)(B)(i)(VI)). (E) Section 212(a)(3)(B)(vi)(II) of the Immigration and Nationality Act (8 U.S.C. 1182(a)(3)(B)(vi)(II)). (F) Section 212(a)(3)(C) of the Immigration and Nationality Act (8 U.S.C. 1182(a)(3)(C)). (G) Section 212(a)(10)(C) of the Immigration and Nationality Act (8 U.S.C. 1182(a)(10)(C)). (H) Section 212(f) of the Immigration and Nationality Act (8 U.S.C. 1182(f)). (I) Section 219(a) of the Immigration and Nationality Act (8 U.S.C. 1189(a)). (J) Section 237(a)(4)(C) of the Immigration and Nationality Act (8 U.S.C. 1227(a)(4)(C)). (K) Section 401 of the Cuban Liberty and Democratic Solidarity (LIBERTAD) Act of 1996 [22 U.S.C. 6091]. (L) Section 613 of the Departments of Commerce, Justice, and State, the Judiciary and Related Agencies Appropriations Act, 1999 (!3) (as contained in section 101(b) of division A of Public Law 105-277) (Omnibus Consolidated and Emergency Supplemental Appropriations Act, 1999); 112 Stat. 2681; H.R. 4328 (originally H.R. 4276) as amended by section 617 of Public Law 106-553. (M) Section 103(f) of the Chemical Weapon Convention Implementation Act of 1998 [22 U.S.C. 6713(f)] (112 Stat. 2681- 865). (N) Section 801 of H.R. 3427, the Admiral James W. Nance and Meg Donovan Foreign Relations Authorization Act, Fiscal Years 2000 and 2001 [8 U.S.C. 1182e], as enacted by reference in Public Law 106-113. (O) Section 568 of the Foreign Operations, Export Financing, and Related Programs Appropriations Act, 2002 (Public Law 107- 115). (P) Section 51 of the State Department Basic Authorities Act of 1956 (22 U.S.C. 2723). (d) Consular officers and chiefs of missions (1) In general Nothing in this section may be construed to alter or affect - (A) the employment status of consular officers as employees of the Department of State; or (B) the authority of a chief of mission under section 207 of the Foreign Service Act of 1980 (22 U.S.C. 3927). (2) Construction regarding delegation of authority Nothing in this section shall be construed to affect any delegation of authority to the Secretary of State by the President pursuant to any proclamation issued under section 212(f) of the Immigration and Nationality Act (8 U.S.C. 1182(f)), consistent with the Secretary of Homeland Security's authority to refuse visas in accordance with law. (e) Assignment of Homeland Security employees to diplomatic and consular posts (1) In general The Secretary is authorized to assign employees of the Department to each diplomatic and consular post at which visas are issued, unless the Secretary determines that such an assignment at a particular post would not promote homeland security. (2) Functions Employees assigned under paragraph (1) shall perform the following functions: (A) Provide expert advice and training to consular officers regarding specific security threats relating to the adjudication of individual visa applications or classes of applications. (B) Review any such applications, either on the initiative of the employee of the Department or upon request by a consular officer or other person charged with adjudicating such applications. (C) Conduct investigations with respect to consular matters under the jurisdiction of the Secretary. (3) Evaluation of consular officers The Secretary of State shall evaluate, in consultation with the Secretary, as deemed appropriate by the Secretary, the performance of consular officers with respect to the processing and adjudication of applications for visas in accordance with performance standards developed by the Secretary for these procedures. (4) Report The Secretary shall, on an annual basis, submit a report to Congress that describes the basis for each determination under paragraph (1) that the assignment of an employee of the Department at a particular diplomatic post would not promote homeland security. (5) Permanent assignment; participation in terrorist lookout committee When appropriate, employees of the Department assigned to perform functions described in paragraph (2) may be assigned permanently to overseas diplomatic or consular posts with country- specific or regional responsibility. If the Secretary so directs, any such employee, when present at an overseas post, shall participate in the terrorist lookout committee established under section 304 of the Enhanced Border Security and Visa Entry Reform Act of 2002 (8 U.S.C. 1733). (6) Training and hiring (A) In general The Secretary shall ensure, to the extent possible, that any employees of the Department assigned to perform functions under paragraph (2) and, as appropriate, consular officers, shall be provided the necessary training to enable them to carry out such functions, including training in foreign languages, interview techniques, and fraud detection techniques, in conditions in the particular country where each employee is assigned, and in other appropriate areas of study. (B) Use of Center The Secretary is authorized to use the National Foreign Affairs Training Center, on a reimbursable basis, to obtain the training described in subparagraph (A). (7) Report Not later than 1 year after November 25, 2002, the Secretary and the Secretary of State shall submit to Congress - (A) a report on the implementation of this subsection; and (B) any legislative proposals necessary to further the objectives of this subsection. (8) Effective date This subsection shall take effect on the earlier of - (A) the date on which the President publishes notice in the Federal Register that the President has submitted a report to Congress setting forth a memorandum of understanding between the Secretary and the Secretary of State governing the implementation of this section; or (B) the date occurring 1 year after November 25, 2002. (f) No creation of private right of action Nothing in this section shall be construed to create or authorize a private right of action to challenge a decision of a consular officer or other United States official or employee to grant or deny a visa. (g) Study regarding use of foreign nationals (1) In general The Secretary of Homeland Security shall conduct a study of the role of foreign nationals in the granting or refusal of visas and other documents authorizing entry of aliens into the United States. The study shall address the following: (A) The proper role, if any, of foreign nationals in the process of rendering decisions on such grants and refusals. (B) Any security concerns involving the employment of foreign nationals. (C) Whether there are cost-effective alternatives to the use of foreign nationals. (2) Report Not later than 1 year after November 25, 2002, the Secretary shall submit a report containing the findings of the study conducted under paragraph (1) to the Committee on the Judiciary, the Committee on International Relations, and the Committee on Government Reform of the House of Representatives, and the Committee on the Judiciary, the Committee on Foreign Relations, and the Committee on Government (!4) Affairs of the Senate. (h) Report Not later than 120 days after November 25, 2002, the Director of the Office of Science and Technology Policy shall submit to Congress a report on how the provisions of this section will affect procedures for the issuance of student visas. (i) Visa issuance program for Saudi Arabia Notwithstanding any other provision of law, after November 25, 2002, all third party screening programs in Saudi Arabia shall be terminated. On-site personnel of the Department of Homeland Security shall review all visa applications prior to adjudication. -SOURCE- (Pub. L. 107-296, title IV, Sec. 428, Nov. 25, 2002, 116 Stat. 2187.) -REFTEXT- REFERENCES IN TEXT The Immigration and Nationality Act, referred to in subsec. (b)(1), is act June 27, 1952, ch. 477, 66 Stat. 163, as amended, which is classified principally to chapter 12 (Sec. 1101 et seq.) of Title 8, Aliens and Nationality. For complete classification of this Act to the Code, see Short Title note set out under section 1101 of Title 8 and Tables. Section 613 of the Departments of Commerce, Justice, and State, the Judiciary and Related Agencies Appropriations Act, 1999, referred to in subsec. (c)(2)(L), probably means section 101(b) [title VI, Sec. 616] of Pub. L. 105-277, div. A, Oct. 21, 1998, 112 Stat. 2681-50, 2681-114, as amended, which prohibits use of funds for issuance of visas to persons alleged to have ordered, carried out, or materially assisted in extrajudicial and political killings in Haiti and to certain others and is not classified to the Code. Section 103(f) of the Chemical Weapon Convention Implementation Act of 1998, referred to in subsec. (c)(2)(M), probably means section 103(f) of the Chemical Weapons Convention Implementation Act of 1998, which is classified to section 6713(f) of Title 22, Foreign Relations and Intercourse. Section 568 of the Foreign Operations, Export Financing, and Related Programs Appropriations Act, 2002, referred to in subsec. (c)(2)(O), is section 568 of title V of Pub. L. 107-115, Jan. 10, 2002, 115 Stat. 2166, which is not classified to the Code. -CHANGE- CHANGE OF NAME References to National Foreign Affairs Training Center considered to refer to George P. Shultz National Foreign Affairs Training Center, see section 1(b) of Pub. L. 107-132, set out as a note under section 4021 of this title. Committee on International Relations of House of Representatives changed to Committee on Foreign Affairs of House of Representatives by House Resolution No. 6, One Hundred Tenth Congress, Jan. 5, 2007. Committee on Government Reform of House of Representatives changed to Committee on Oversight and Government Reform of House of Representatives by House Resolution No. 6, One Hundred Tenth Congress, Jan. 5, 2007. Committee on Governmental Affairs of Senate changed to Committee on Homeland Security and Governmental Affairs of Senate, effective Jan. 4, 2005, by Senate Resolution No. 445, One Hundred Eighth Congress, Oct. 9, 2004. -FOOTNOTE- (!1) So in original. Probably should be "section". (!2) So in original. Probably should be " 'consular officer' ". (!3) See References in Text note below. (!4) So in original. Probably should be "Governmental". -End- -CITE- 6 USC Sec. 237 01/07/2011 -EXPCITE- TITLE 6 - DOMESTIC SECURITY CHAPTER 1 - HOMELAND SECURITY ORGANIZATION SUBCHAPTER IV - DIRECTORATE OF BORDER AND TRANSPORTATION SECURITY Part C - Miscellaneous Provisions -HEAD- Sec. 237. Information on visa denials required to be entered into electronic data system -STATUTE- (a) In general Whenever a consular officer of the United States denies a visa to an applicant, the consular officer shall enter the fact and the basis of the denial and the name of the applicant into the interoperable electronic data system implemented under section 1722(a) of title 8. (b) Prohibition In the case of any alien with respect to whom a visa has been denied under subsection (a) of this section - (1) no subsequent visa may be issued to the alien unless the consular officer considering the alien's visa application has reviewed the information concerning the alien placed in the interoperable electronic data system, has indicated on the alien's application that the information has been reviewed, and has stated for the record why the visa is being issued or a waiver of visa ineligibility recommended in spite of that information; and (2) the alien may not be admitted to the United States without a visa issued in accordance with the procedures described in paragraph (1). -SOURCE- (Pub. L. 107-296, title IV, Sec. 429, Nov. 25, 2002, 116 Stat. 2191.) -End- -CITE- 6 USC Sec. 238 01/07/2011 -EXPCITE- TITLE 6 - DOMESTIC SECURITY CHAPTER 1 - HOMELAND SECURITY ORGANIZATION SUBCHAPTER IV - DIRECTORATE OF BORDER AND TRANSPORTATION SECURITY Part C - Miscellaneous Provisions -HEAD- Sec. 238. Office for Domestic Preparedness -STATUTE- (a) In general The Office for Domestic Preparedness shall be within the Directorate of Border and Transportation Security. (b) Director There shall be a Director of the Office for Domestic Preparedness, who shall be appointed by the President, by and with the advice and consent of the Senate. The Director of the Office for Domestic Preparedness shall report directly to the Under Secretary for Border and Transportation Security. (c) Responsibilities The Office for Domestic Preparedness shall have the primary responsibility within the executive branch of Government for the preparedness of the United States for acts of terrorism, including - (1) coordinating preparedness efforts at the Federal level, and working with all State, local, tribal, parish, and private sector emergency response providers on all matters pertaining to combating terrorism, including training, exercises, and equipment support; (2) coordinating or, as appropriate, consolidating communications and systems of communications relating to homeland security at all levels of government; (3) directing and supervising terrorism preparedness grant programs of the Federal Government (other than those programs administered by the Department of Health and Human Services) for all emergency response providers; (4) incorporating the Strategy priorities into planning guidance on an agency level for the preparedness efforts of the Office for Domestic Preparedness; (5) providing agency-specific training for agents and analysts within the Department, other agencies, and State and local agencies and international entities; (6) as the lead executive branch agency for preparedness of the United States for acts of terrorism, cooperating closely with the Federal Emergency Management Agency, which shall have the primary responsibility within the executive branch to prepare for and mitigate the effects of nonterrorist-related disasters in the United States; (7) assisting and supporting the Secretary, in coordination with other Directorates and entities outside the Department, in conducting appropriate risk analysis and risk management activities of State, local, and tribal governments consistent with the mission and functions of the Directorate; (8) those elements of the Office of National Preparedness of the Federal Emergency Management Agency which relate to terrorism, which shall be consolidated within the Department in the Office for Domestic Preparedness established under this section; and (9) helping to ensure the acquisition of interoperable communication technology by State and local governments and emergency response providers. (d) Fiscal years 2003 and 2004 During fiscal year 2003 and fiscal year 2004, the Director of the Office for Domestic Preparedness established under this section shall manage and carry out those functions of the Office for Domestic Preparedness of the Department of Justice (transferred under this section) before September 11, 2001, under the same terms, conditions, policies, and authorities, and with the required level of personnel, assets, and budget before September 11, 2001. -SOURCE- (Pub. L. 107-296, title IV, Sec. 430, Nov. 25, 2002, 116 Stat. 2191; Pub. L. 108-458, title VII, Sec. 7303(h)(2), Dec. 17, 2004, 118 Stat. 3847.) -MISC1- AMENDMENTS 2004 - Subsec. (c)(9). Pub. L. 108-458 added par. (9). -End- -CITE- 6 USC Sec. 239 01/07/2011 -EXPCITE- TITLE 6 - DOMESTIC SECURITY CHAPTER 1 - HOMELAND SECURITY ORGANIZATION SUBCHAPTER IV - DIRECTORATE OF BORDER AND TRANSPORTATION SECURITY Part C - Miscellaneous Provisions -HEAD- Sec. 239. Office of Cargo Security Policy -STATUTE- (a) Establishment There is established within the Department an Office of Cargo Security Policy (referred to in this section as the "Office"). (b) Purpose The Office shall - (1) coordinate all Department policies relating to cargo security; and (2) consult with stakeholders and coordinate with other Federal agencies in the establishment of standards and regulations and to promote best practices. (c) Director (1) Appointment The Office shall be headed by a Director, who shall - (A) be appointed by the Secretary; and (B) report to the Assistant Secretary for Policy. (2) Responsibilities The Director shall - (A) advise the Assistant Secretary for Policy in the development of Department-wide policies regarding cargo security; (B) coordinate all policies relating to cargo security among the agencies and offices within the Department relating to cargo security; and (C) coordinate the cargo security policies of the Department with the policies of other executive agencies. -SOURCE- (Pub. L. 107-296, title IV, Sec. 431, as added Pub. L. 109-347, title III, Sec. 301(a), Oct. 13, 2006, 120 Stat. 1920.) -MISC1- RULE OF CONSTRUCTION Pub. L. 109-347, title III, Sec. 301(c), Oct. 13, 2006, 120 Stat. 1920, provided that: "Nothing in this section [enacting this section and section 1001 of this title] shall be construed to affect - "(1) the authorities, functions, or capabilities of the Coast Guard to perform its missions; or "(2) the requirement under section 888 of the Homeland Security Act (6 U.S.C. 468) that those authorities, functions, and capabilities be maintained intact." -End- -CITE- 6 USC Part D - Immigration Enforcement Functions 01/07/2011 -EXPCITE- TITLE 6 - DOMESTIC SECURITY CHAPTER 1 - HOMELAND SECURITY ORGANIZATION SUBCHAPTER IV - DIRECTORATE OF BORDER AND TRANSPORTATION SECURITY Part D - Immigration Enforcement Functions -HEAD- PART D - IMMIGRATION ENFORCEMENT FUNCTIONS -End- -CITE- 6 USC Sec. 251 01/07/2011 -EXPCITE- TITLE 6 - DOMESTIC SECURITY CHAPTER 1 - HOMELAND SECURITY ORGANIZATION SUBCHAPTER IV - DIRECTORATE OF BORDER AND TRANSPORTATION SECURITY Part D - Immigration Enforcement Functions -HEAD- Sec. 251. Transfer of functions to Under Secretary for Border and Transportation Security -STATUTE- In accordance with subchapter XII of this chapter (relating to transition provisions), there shall be transferred from the Commissioner of Immigration and Naturalization to the Under Secretary for Border and Transportation Security all functions performed under the following programs, and all personnel, assets, and liabilities pertaining to such programs, immediately before such transfer occurs: (1) The Border Patrol program. (2) The detention and removal program. (3) The intelligence program. (4) The investigations program. (5) The inspections program. -SOURCE- (Pub. L. 107-296, title IV, Sec. 441, Nov. 25, 2002, 116 Stat. 2192.) -End- -CITE- 6 USC Sec. 252 01/07/2011 -EXPCITE- TITLE 6 - DOMESTIC SECURITY CHAPTER 1 - HOMELAND SECURITY ORGANIZATION SUBCHAPTER IV - DIRECTORATE OF BORDER AND TRANSPORTATION SECURITY Part D - Immigration Enforcement Functions -HEAD- Sec. 252. Establishment of Bureau of Border Security -STATUTE- (a) Establishment of Bureau (1) In general There shall be in the Department of Homeland Security a bureau to be known as the "Bureau of Border Security". (2) Assistant Secretary The head of the Bureau of Border Security shall be the Assistant Secretary of the Bureau of Border Security, who - (A) shall report directly to the Under Secretary for Border and Transportation Security; and (B) shall have a minimum of 5 years professional experience in law enforcement, and a minimum of 5 years of management experience. (3) Functions The Assistant Secretary of the Bureau of Border Security - (A) shall establish the policies for performing such functions as are - (i) transferred to the Under Secretary for Border and Transportation Security by section 251 of this title and delegated to the Assistant Secretary by the Under Secretary for Border and Transportation Security; or (ii) otherwise vested in the Assistant Secretary by law; (B) shall oversee the administration of such policies; and (C) shall advise the Under Secretary for Border and Transportation Security with respect to any policy or operation of the Bureau of Border Security that may affect the Bureau of Citizenship and Immigration Services established under part E of this subchapter, including potentially conflicting policies or operations. (4) Program to collect information relating to foreign students The Assistant Secretary of the Bureau of Border Security shall be responsible for administering the program to collect information relating to nonimmigrant foreign students and other exchange program participants described in section 1372 of title 8, including the Student and Exchange Visitor Information System established under that section, and shall use such information to carry out the enforcement functions of the Bureau. (5) Managerial rotation program (A) In general Not later than 1 year after the date on which the transfer of functions specified under section 251 of this title takes effect, the Assistant Secretary of the Bureau of Border Security shall design and implement a managerial rotation program under which employees of such bureau holding positions involving supervisory or managerial responsibility and classified, in accordance with chapter 51 of title 5, as a GS- 14 or above, shall - (i) gain some experience in all the major functions performed by such bureau; and (ii) work in at least one local office of such bureau. (B) Report Not later than 2 years after the date on which the transfer of functions specified under section 251 of this title takes effect, the Secretary shall submit a report to the Congress on the implementation of such program. (b) Chief of Policy and Strategy (1) In general There shall be a position of Chief of Policy and Strategy for the Bureau of Border Security. (2) Functions In consultation with Bureau of Border Security personnel in local offices, the Chief of Policy and Strategy shall be responsible for - (A) making policy recommendations and performing policy research and analysis on immigration enforcement issues; and (B) coordinating immigration policy issues with the Chief of Policy and Strategy for the Bureau of Citizenship and Immigration Services (established under part E of this subchapter), as appropriate. (c) Legal advisor There shall be a principal legal advisor to the Assistant Secretary of the Bureau of Border Security. The legal advisor shall provide specialized legal advice to the Assistant Secretary of the Bureau of Border Security and shall represent the bureau in all exclusion, deportation, and removal proceedings before the Executive Office for Immigration Review. -SOURCE- (Pub. L. 107-296, title IV, Sec. 442, Nov. 25, 2002, 116 Stat. 2193.) -REFTEXT- REFERENCES IN TEXT Part E of this subchapter, referred to in subsecs. (a)(3)(C) and (b)(2)(B), was in the original "subtitle E", meaning subtitle E (Secs. 451-462) of title IV of Pub. L. 107-296, Nov. 25, 2002, 116 Stat. 2195, which enacted part E (Sec. 271 et seq.) of this subchapter, amended sections 1356 and 1573 of Title 8, Aliens and Nationality, and enacted provisions set out as a note under section 271 of this title. For complete classification of subtitle E to the Code, see Tables. -CHANGE- CHANGE OF NAME Bureau of Border Security, referred to in section catchline and text, changed to Bureau of Immigration and Customs Enforcement by Reorganization Plan Modification for the Department of Homeland Security, eff. Mar. 1, 2003, H. Doc. No. 108-32, 108th Congress, 1st Session, set out as a note under section 542 of this title. -End- -CITE- 6 USC Sec. 253 01/07/2011 -EXPCITE- TITLE 6 - DOMESTIC SECURITY CHAPTER 1 - HOMELAND SECURITY ORGANIZATION SUBCHAPTER IV - DIRECTORATE OF BORDER AND TRANSPORTATION SECURITY Part D - Immigration Enforcement Functions -HEAD- Sec. 253. Professional responsibility and quality review -STATUTE- The Under Secretary for Border and Transportation Security shall be responsible for - (1) conducting investigations of noncriminal allegations of misconduct, corruption, and fraud involving any employee of the Bureau of Border Security that are not subject to investigation by the Inspector General for the Department; (2) inspecting the operations of the Bureau of Border Security and providing assessments of the quality of the operations of such bureau as a whole and each of its components; and (3) providing an analysis of the management of the Bureau of Border Security. -SOURCE- (Pub. L. 107-296, title IV, Sec. 443, Nov. 25, 2002, 116 Stat. 2194.) -CHANGE- CHANGE OF NAME Bureau of Border Security, referred to in text, changed to Bureau of Immigration and Customs Enforcement by Reorganization Plan Modification for the Department of Homeland Security, eff. Mar. 1, 2003, H. Doc. No. 108-32, 108th Congress, 1st Session, set out as a note under section 542 of this title. -End- -CITE- 6 USC Sec. 254 01/07/2011 -EXPCITE- TITLE 6 - DOMESTIC SECURITY CHAPTER 1 - HOMELAND SECURITY ORGANIZATION SUBCHAPTER IV - DIRECTORATE OF BORDER AND TRANSPORTATION SECURITY Part D - Immigration Enforcement Functions -HEAD- Sec. 254. Employee discipline -STATUTE- The Under Secretary for Border and Transportation Security may, notwithstanding any other provision of law, impose disciplinary action, including termination of employment, pursuant to policies and procedures applicable to employees of the Federal Bureau of Investigation, on any employee of the Bureau of Border Security who willfully deceives the Congress or agency leadership on any matter. -SOURCE- (Pub. L. 107-296, title IV, Sec. 444, Nov. 25, 2002, 116 Stat. 2194.) -CHANGE- CHANGE OF NAME Bureau of Border Security, referred to in text, changed to Bureau of Immigration and Customs Enforcement by Reorganization Plan Modification for the Department of Homeland Security, eff. Mar. 1, 2003, H. Doc. No. 108-32, 108th Congress, 1st Session, set out as a note under section 542 of this title. -End- -CITE- 6 USC Sec. 255 01/07/2011 -EXPCITE- TITLE 6 - DOMESTIC SECURITY CHAPTER 1 - HOMELAND SECURITY ORGANIZATION SUBCHAPTER IV - DIRECTORATE OF BORDER AND TRANSPORTATION SECURITY Part D - Immigration Enforcement Functions -HEAD- Sec. 255. Report on improving enforcement functions -STATUTE- (a) In general The Secretary, not later than 1 year after being sworn into office, shall submit to the Committees on Appropriations and the Judiciary of the House of Representatives and of the Senate a report with a plan detailing how the Bureau of Border Security, after the transfer of functions specified under section 251 of this title takes effect, will enforce comprehensively, effectively, and fairly all the enforcement provisions of the Immigration and Nationality Act (8 U.S.C. 1101 et seq.) relating to such functions. (b) Consultation In carrying out subsection (a) of this section, the Secretary of Homeland Security shall consult with the Attorney General, the Secretary of State, the Director of the Federal Bureau of Investigation, the Secretary of the Treasury, the Secretary of Labor, the Commissioner of Social Security, the Director of the Executive Office for Immigration Review, and the heads of State and local law enforcement agencies to determine how to most effectively conduct enforcement operations. -SOURCE- (Pub. L. 107-296, title IV, Sec. 445, Nov. 25, 2002, 116 Stat. 2194.) -REFTEXT- REFERENCES IN TEXT The Immigration and Nationality Act, referred to in subsec. (a), is act June 27, 1952, ch. 477, 66 Stat. 163, as amended, which is classified principally to chapter 12 (Sec. 1101 et seq.) of Title 8, Aliens and Nationality. For complete classification of this Act to the Code, see Short Title note set out under section 1101 of Title 8 and Tables. -CHANGE- CHANGE OF NAME Bureau of Border Security, referred to in subsec. (a), changed to Bureau of Immigration and Customs Enforcement by Reorganization Plan Modification for the Department of Homeland Security, eff. Mar. 1, 2003, H. Doc. No. 108-32, 108th Congress, 1st Session, set out as a note under section 542 of this title. -End- -CITE- 6 USC Sec. 256 01/07/2011 -EXPCITE- TITLE 6 - DOMESTIC SECURITY CHAPTER 1 - HOMELAND SECURITY ORGANIZATION SUBCHAPTER IV - DIRECTORATE OF BORDER AND TRANSPORTATION SECURITY Part D - Immigration Enforcement Functions -HEAD- Sec. 256. Sense of Congress regarding construction of fencing near San Diego, California -STATUTE- It is the sense of the Congress that completing the 14-mile border fence project required to be carried out under section 102(b) of the Illegal Immigration Reform and Immigrant Responsibility Act of 1996 (8 U.S.C. 1103 note) should be a priority for the Secretary. -SOURCE- (Pub. L. 107-296, title IV, Sec. 446, Nov. 25, 2002, 116 Stat. 2195.) -REFTEXT- REFERENCES IN TEXT Section 102(b) of the Illegal Immigration Reform and Immigrant Responsibility Act of 1996, referred to in text, is section 102(b) of title I of div. C of Pub. L. 104-208, which is set out as a note under section 1103 of Title 8, Aliens and Nationality. -End- -CITE- 6 USC Part E - Citizenship and Immigration Services 01/07/2011 -EXPCITE- TITLE 6 - DOMESTIC SECURITY CHAPTER 1 - HOMELAND SECURITY ORGANIZATION SUBCHAPTER IV - DIRECTORATE OF BORDER AND TRANSPORTATION SECURITY Part E - Citizenship and Immigration Services -HEAD- PART E - CITIZENSHIP AND IMMIGRATION SERVICES -End- -CITE- 6 USC Sec. 271 01/07/2011 -EXPCITE- TITLE 6 - DOMESTIC SECURITY CHAPTER 1 - HOMELAND SECURITY ORGANIZATION SUBCHAPTER IV - DIRECTORATE OF BORDER AND TRANSPORTATION SECURITY Part E - Citizenship and Immigration Services -HEAD- Sec. 271. Establishment of Bureau of Citizenship and Immigration Services -STATUTE- (a) Establishment of Bureau (1) In general There shall be in the Department a bureau to be known as the "Bureau of Citizenship and Immigration Services". (2) Director The head of the Bureau of Citizenship and Immigration Services shall be the Director of the Bureau of Citizenship and Immigration Services, who - (A) shall report directly to the Deputy Secretary; (B) shall have a minimum of 5 years of management experience; and (C) shall be paid at the same level as the Assistant Secretary of the Bureau of Border Security. (3) Functions The Director of the Bureau of Citizenship and Immigration Services - (A) shall establish the policies for performing such functions as are transferred to the Director by this section or this chapter or otherwise vested in the Director by law; (B) shall oversee the administration of such policies; (C) shall advise the Deputy Secretary with respect to any policy or operation of the Bureau of Citizenship and Immigration Services that may affect the Bureau of Border Security of the Department, including potentially conflicting policies or operations; (D) shall establish national immigration services policies and priorities; (E) shall meet regularly with the Ombudsman described in section 272 of this title to correct serious service problems identified by the Ombudsman; and (F) shall establish procedures requiring a formal response to any recommendations submitted in the Ombudsman's annual report to Congress within 3 months after its submission to Congress. (4) Managerial rotation program (A) In general Not later than 1 year after the effective date specified in section 455,(!1) the Director of the Bure