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
(a) Establishment
There is established within the Office of the Secretary the Office for State and Local Government Coordination, to oversee and coordinate departmental programs for and relationships with State and local governments.
(b) Responsibilities
The Office established under subsection (a) shall—
(1) coordinate the activities of the Department relating to State and local government;
(2) assess, and advocate for, the resources needed by State and local government to implement the national strategy for combating terrorism;
(3) provide State and local government with regular information, research, and technical support to assist local efforts at securing the homeland; and
(4) develop a process for receiving meaningful input from State and local government to assist the development of the national strategy for combating terrorism and other homeland security activities.
(
Executive Documents
Ex. Ord. No. 13629. Establishing the White House Homeland Security Partnership Council
Ex. Ord. No. 13629, Oct. 26, 2012, 77 F.R. 66353, 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 advance the Federal Government's use of local partnerships to address homeland security challenges, it is hereby ordered as follows:
The National Security Strategy emphasizes the importance of partnerships, underscoring that to keep our Nation safe "we must tap the ingenuity outside government through strategic partnerships with the private sector, nongovernmental organizations, foundations, and community-based organizations. Such partnerships are critical to U.S. success at home and abroad, and we will support them through enhanced opportunities for engagement, coordination, transparency, and information sharing." This approach recognizes that, given the complexities and range of challenges, we must institutionalize an all-of-Nation effort to address the evolving threats to the United States.
(a) White House Homeland Security Partnership Council. There is established a White House Homeland Security Partnership Council (Council) to foster local partnerships—between the Federal Government and the private sector, nongovernmental organizations, foundations, community-based organizations, and State, local, tribal, and territorial government and law enforcement—to address homeland security challenges. The Council shall be chaired by the Assistant to the President for Homeland Security and Counterterrorism (Chair), or a designee from the National Security Staff.
(b) Council Membership.
(i) Pursuant to the nomination process established in subsection (b)(ii) of this section, the Council shall be composed of Federal officials who are from field offices of the executive departments, agencies, and bureaus (agencies) that are members of the Steering Committee established in subsection (c) of this section, and who have demonstrated an ability to develop, sustain, and institutionalize local partnerships to address policy priorities.
(ii) The nomination process and selection criteria for members of the Council shall be established by the Steering Committee. Based on those criteria, agency heads may select and present to the Steering Committee their nominee or nominees to represent them on the Council. The Steering Committee shall consider all of the nominees and decide by consensus which of the nominees shall participate on the Council. Each member agency on the Steering Committee, with the exception of the Office of the Director of National Intelligence, may have at least one representative on the Council.
(c) Steering Committee. There is also established a Steering Committee, chaired by the Chair of the Council, to provide guidance to the Council and perform other functions as set forth in this order. The Steering Committee shall include a representative at the Deputy agency head level, or that representative's designee, from the following agencies:
(i) Department of State;
(ii) Department of the Treasury;
(iii) Department of Defense;
(iv) Department of Justice;
(v) Department of the Interior;
(vi) Department of Agriculture;
(vii) Department of Commerce;
(viii) Department of Labor;
(ix) Department of Health and Human Services;
(x) Department of Housing and Urban Development;
(xi) Department of Transportation;
(xii) Department of Energy;
(xiii) Department of Education;
(xiv) Department of Veterans Affairs;
(xv) Department of Homeland Security;
(xvi) Office of the Director of National Intelligence;
(xvii) Environmental Protection Agency;
(xviii) Small Business Administration; and
(xix) Federal Bureau of Investigation.
At the invitation of the Chair, representatives of agencies not listed in subsection (c) of this section or other executive branch entities may attend and participate in Steering Committee meetings as appropriate.
(d) Administration. The Chair or a designee shall convene meetings of the Council and Steering Committee, determine their agendas, and coordinate their work. The Council may establish subgroups consisting exclusively of Council members or their designees, as appropriate.
(i) advise the Chair and Steering Committee members on priorities, challenges, and opportunities for local partnerships to support homeland security priorities, as well as regularly report to the Steering Committee on the Council's efforts;
(ii) promote homeland security priorities and opportunities for collaboration between Federal Government field offices and State, local, tribal, and territorial stakeholders;
(iii) advise and confer with State, local, tribal, and territorial stakeholders and agencies interested in expanding or building local homeland security partnerships;
(iv) raise awareness of local partnership best practices that can support homeland security priorities;
(v) as appropriate, conduct outreach to representatives of the private sector, nongovernmental organizations, foundations, community-based organizations, and State, local, tribal, and territorial government and law enforcement entities with relevant expertise for local homeland security partnerships, and collaborate with other Federal Government bodies; and
(vi) convene an annual meeting to exchange key findings, progress, and best practices.
(b) The Steering Committee shall:
(i) determine the scope of issue areas the Council will address and its operating protocols, in consultation with the Office of Management and Budget;
(ii) establish the nomination process and selection criteria for members of the Council as set forth in section 2(b)(ii) of this order;
(iii) provide guidance to the Council on the activities set forth in subsection (a) of this section; and
(iv) within 1 year of the selection of the Council members, and annually thereafter, provide a report on the work of the Council to the President through the Chair.
(b) Nothing in this order shall be construed to impair or otherwise affect:
(i) the authority granted by law to an executive department, agency, or the head thereof;
(ii) the functions of the Director of the Office of Management and Budget relating to budgetary, administrative, or legislative proposals; or
(iii) the functions of the Overseas Security Advisory Council.
(c) This order shall be implemented consistent with applicable law and appropriate protections for privacy and civil liberties, and subject to the availability of appropriations.
(d) This order is not intended to, and does not, create any right or benefit, substantive or procedural, enforceable at law or in equity by any party against the United States, its departments, agencies, or entities, its officers, employees, or agents, or any other person.
Barack Obama.
[Reference to the National Security Staff deemed to be a reference to the National Security Council Staff, see Ex. Ord. No. 13657, set out as a note under
Part B—Inspector General
§371. Repealed. Pub. L. 108–7, div. L, §104(c)(1), Feb. 20, 2003, 117 Stat. 531
Section,
Part C—United States Secret Service
§381. Functions transferred
In accordance with subchapter XII, there shall be transferred to the Secretary the functions, personnel, assets, and obligations of the United States Secret Service, which shall be maintained as a distinct entity within the Department, including the functions of the Secretary of the Treasury relating thereto.
(
§382. Use of proceeds derived from criminal investigations
(a) United States Secret Service use of proceeds derived from criminal investigations
During fiscal year 2014 and thereafter, with respect to any undercover investigative operation of the United States Secret Service (hereafter referred to in this section as the "Secret Service") that is necessary for the detection and prosecution of crimes against the United States—
(1) sums appropriated for the Secret Service, including unobligated balances available from prior fiscal years, may be used for purchasing property, buildings, and other facilities, and for leasing space, within the United States, the District of Columbia, and the territories and possessions of the United States, without regard to
(2) sums appropriated for the Secret Service, including unobligated balances available from prior fiscal years, may be used to establish or to acquire proprietary corporations or business entities as part of such undercover operation, and to operate such corporations or business entities on a commercial basis, without regard to
(3) sums appropriated for the Secret Service, including unobligated balances available from prior fiscal years and the proceeds from such undercover operation, may be deposited in banks or other financial institutions, without regard to
(4) proceeds from such undercover operation may be used to offset necessary and reasonable expenses incurred in such operation, without regard to
(b) Written certification
The authority set forth in subsection (a) may be exercised only upon the written certification of the Director of the Secret Service or designee that any action authorized by any paragraph of such subsection is necessary for the conduct of an undercover investigative operation. Such certification shall continue in effect for the duration of such operation, without regard to fiscal years.
(c) Deposit of proceeds in Treasury
As soon as practicable after the proceeds from an undercover investigative operation with respect to which an action is authorized and carried out under paragraphs (3) and (4) of subsection (a) are no longer necessary for the conduct of such operation, such proceeds or the balance of such proceeds remaining at the time shall be deposited in the Treasury of the United States as miscellaneous receipts.
(d) Reporting and deposit of proceeds upon disposition of certain business entities
If a corporation or business entity established or acquired as part of an undercover investigative operation under paragraph (2) of subsection (a) with a net value of over $50,000 is to be liquidated, sold, or otherwise disposed of, the Secret Service, as much in advance as the Director or designee determines is practicable, shall report the circumstance to the Secretary of Homeland Security. The proceeds of the liquidation, sale, or other disposition, after obligations are met, shall be deposited in the Treasury of the United States as miscellaneous receipts.
(e) Financial audits and reports
(1) The Secret Service shall conduct detailed financial audits of closed undercover investigative operations for which a written certification was made pursuant to subsection (b) on a quarterly basis and shall report the results of the audits in writing to the Secretary of Homeland Security.
(2) The Secretary of Homeland Security shall annually submit to the Committees on Appropriations of the Senate and House of Representatives, at the time that the President's budget is submitted under
(
Editorial Notes
Codification
In subsec. (a)(1), "sections 6301(a), (b)(1) to (3) and 6306(a) of title 41," substituted for "sections 3732(a) and 3741 of the Revised Statutes of the United States (
Section was enacted as part of the appropriation act cited in the credit to this section, and not as part of the Homeland Security Act of 2002 which comprises this chapter.
Amendments
2014—Subsec. (a).
2013—Subsec. (a).
2011—Subsec. (a).
2009—Subsec. (a).
2008—Subsec. (a).
2007—Subsec. (a).
§383. National Computer Forensics Institute
(a) In general; mission
There is authorized for fiscal years 2023 through 2028 within the United States Secret Service a National Computer Forensics Institute (in this section referred to as the "Institute"). The Institute's mission shall be to educate, train, and equip State, local, territorial, and Tribal law enforcement officers, prosecutors, and judges, as well as participants in the United States Secret Service's network of cyber fraud task forces who are Federal employees, members of the uniformed services, or State, local, Tribal, or territorial employees, regarding the investigation and prevention of cybersecurity incidents, electronic crimes, and related cybersecurity threats, including through the dissemination of homeland security information, in accordance with relevant Federal law regarding privacy, civil rights, and civil liberties protections.
(b) Curriculum
In furtherance of subsection (a), all education and training of the Institute shall be conducted in accordance with relevant Federal law regarding privacy, civil rights, and civil liberties protections. Education and training provided pursuant to subsection (a) shall relate to the following:
(1) Investigating and preventing cybersecurity incidents, electronic crimes, and related cybersecurity threats, including relating to instances involving illicit use of digital assets and emerging trends in cybersecurity and electronic crime.
(2) Conducting forensic examinations of computers, mobile devices, and other information systems.
(3) Prosecutorial and judicial considerations related to cybersecurity incidents, electronic crimes, related cybersecurity threats, and forensic examinations of computers, mobile devices, and other information systems.
(4) Methods to obtain, process, store, and admit digital evidence in court.
(c) Principles
In carrying out the functions specified in subsection (b), the Institute shall ensure, to the extent practicable, that timely, actionable, and relevant expertise and information related to cybersecurity incidents, electronic crimes, and related cybersecurity threats is shared with recipients of education and training provided pursuant to subsection (a). When selecting participants for such training, the Institute shall prioritize, to the extent reasonable and practicable, providing education and training to individuals from geographically-diverse jurisdictions throughout the United States, and the Institute shall prioritize, to the extent reasonable and practicable, State, local, tribal, and territorial law enforcement officers, prosecutors, judges, and other employees.
(d) Equipment
The Institute may provide recipients of education and training provided pursuant to subsection (a) with computer equipment, hardware, software, manuals, and tools for investigating and preventing cybersecurity incidents, electronic crimes, and related cybersecurity threats, and for forensic examinations of computers, mobile devices, and other information systems.
(e) Cyber Fraud Task Forces
The Institute shall facilitate the expansion of the network of Cyber Fraud Task Forces of the United States Secret Service through the addition of recipients of education and training provided pursuant to subsection (a) educated and trained by the Institute.
(f) Savings provision
All authorized activities and functions carried out by the Institute at any location as of the day before November 2, 2017, are authorized to continue to be carried out at any such location on and after such date.
(g) Expenses
The Director of the United States Secret Service may pay for all or a part of the education, training, or equipment provided by the Institute, including relating to the travel, transportation, and subsistence expenses of recipients of education and training provided pursuant to subsection (a).
(h) Annual reports to Congress
(1) In general
The Secretary shall include in the annual report required under
(A) An identification of jurisdictions with recipients of the education and training provided pursuant to subsection (a) during such year.
(B) Information relating to the costs associated with that education and training.
(C) Any information regarding projected future demand for the education and training provided pursuant to subsection (a).
(D) Impacts of the activities of the Institute on the capability of jurisdictions to investigate and prevent cybersecurity incidents, electronic crimes, and related cybersecurity threats.
(E) A description of the nomination process for potential recipients of the information and training provided pursuant to subsection (a).
(F) Any other issues determined relevant by the Secretary.
(2) Exception
Any information required under paragraph (1) that is submitted as part of the annual budget submitted by the President to Congress under
(i) Definitions
In this section:
(1) Cybersecurity threat
The term "cybersecurity threat" has the meaning given such term in
(2) Incident
The term "incident" has the meaning given such term in section 659(a) 1 of this title.
(3) Information system
The term "information system" has the meaning given such term in
(
Editorial Notes
References in Text
Amendments
2022—Subsec. (a).
Subsec. (b).
Subsec. (c).
Subsec. (d).
Subsec. (e).
Subsecs. (g) to (i).
1 See References in Text note below.
Part D—Acquisitions
§391. Research and development projects
(a) Authority
Until September 30, 2024, and subject to subsection (d),1 the Secretary may carry out a pilot program under which the Secretary may exercise the following authorities:
(1) In general
When the Secretary carries out basic, applied, and advanced research and development projects, including the expenditure of funds for such projects, the Secretary may exercise the same authority (subject to the same limitations and conditions) with respect to such research and projects as the Secretary of Defense may exercise under
(2) Prototype projects
The Secretary—
(A) may, under the authority of paragraph (1), carry out prototype projects under
(B) in applying the authorities of such section 4022, the Secretary shall perform the functions of the Secretary of Defense as prescribed in such section.
(b) Procurement of temporary and intermittent services
The Secretary may—
(1) procure the temporary or intermittent services of experts or consultants (or organizations thereof) in accordance with
(2) whenever necessary due to an urgent homeland security need, procure temporary (not to exceed 1 year) or intermittent personal services, including the services of experts or consultants (or organizations thereof), without regard to the pay limitations of such section 3109.
(c) Additional requirements
(1) In general
The authority of the Secretary under this section shall terminate September 30, 2024, unless before that date the Secretary—
(A) issues policy guidance detailing the appropriate use of that authority; and
(B) provides training to each employee that is authorized to exercise that authority.
(2) Report
The Secretary shall provide an annual report to the Committees on Appropriations of the Senate and the House of Representatives, the Committee on Homeland Security and Governmental Affairs of the Senate, and the Committee on Homeland Security of the House of Representatives detailing the projects for which the authority granted by subsection (a) was used, the rationale for its use, the funds spent using that authority, the outcome of each project for which that authority was used, and the results of any audits of such projects.
(d) Definition of nontraditional Government contractor
In this section, the term "nontraditional Government contractor" has the same meaning as the term "nontraditional defense contractor" as defined in
(
Editorial Notes
References in Text
Subsection (d), referred to in subsec. (a), was redesignated subsec. (c) of this section by
Subsection (b) of this section, referred to in subsec. (a)(1), probably means the former subsec. (b) of this section which related to annual reports by the Comptroller General and which was struck out by
Amendments
2022—Subsec. (a).
Subsec. (a)(2).
Subsec. (c)(1).
Subsec. (d).
2021—Subsec. (a)(1).
2017—Subsec. (a).
Subsec. (c)(1).
2015—Subsec. (a).
Subsec. (c)(1).
2014—Subsec. (a).
Subsec. (c)(1).
2013—Subsec. (a).
Subsec. (c)(1).
2011—Subsec. (a).
Subsec. (b).
"(1) whether use of the authorities described in subsection (a) of this section attracts nontraditional Government contractors and results in the acquisition of needed technologies; and
"(2) if such authorities were to be made permanent, whether additional safeguards are needed with respect to the use of such authorities.".
Subsec. (c).
Subsec. (c)(1).
Subsec. (d).
Subsec. (d)(1).
2009—Subsec. (a).
Subsec. (d)(1).
2008—Subsec. (a).
Subsecs. (d), (e).
2007—Subsec. (a).
Statutory Notes and Related Subsidiaries
Extension of Secretary's Authority
Prior to amendment by section 7227(b)(1)(A), (2) of
Documentation Requirements for Major Acquisition Programs
"(a) Each major acquisition program of the Department of Homeland Security, as defined in Department of Homeland Security Management Directive 102–2, shall meet established acquisition documentation requirements for its acquisition program baseline established in the Department of Homeland Security Instruction Manual 102–01–001 and the Department of Homeland Security Acquisition Instruction/Guidebook 102–01–001, Appendix K.
"(b) The Department shall report to the Committees on Appropriations of the Senate and the House of Representatives in the Comprehensive Acquisition Status Report and its quarterly updates, required under the heading 'Office of the Under Secretary for Management' of this Act [div. F of
"(c) None of the funds made available by this or any other Act for any fiscal year may be used for a major acquisition program that is out of compliance with such documentation requirements for more than two years except that funds may be used solely to come into compliance with such documentation requirements or to terminate the program."
1 See References in Text note below.
§392. Personal services
The Secretary—
(1) may procure the temporary or intermittent services of experts or consultants (or organizations thereof) in accordance with
(2) may, whenever necessary due to an urgent homeland security need, procure temporary (not to exceed 1 year) or intermittent personal services, including the services of experts or consultants (or organizations thereof), without regard to the pay limitations of such section 3109.
(
§393. Special streamlined acquisition authority
(a) Authority
(1) In general
The Secretary may use the authorities set forth in this section with respect to any procurement made during the period beginning on the effective date of this chapter and ending September 30, 2007, if the Secretary determines in writing that the mission of the Department (as described in
(2) Delegation
The authority to make the determination described in paragraph (1) may not be delegated by the Secretary to an officer of the Department who is not appointed by the President with the advice and consent of the Senate.
(3) Notification
Not later than the date that is 7 days after the date of any determination under paragraph (1), the Secretary shall submit to the Committee on Government Reform of the House of Representatives and the Committee on Governmental Affairs of the Senate—
(A) notification of such determination; and
(B) the justification for such determination.
(b) Increased micro-purchase threshold for certain procurements
(1) In general
The Secretary may designate certain employees of the Department to make procurements described in subsection (a) for which in the administration of
(2) Number of employees
The number of employees designated under paragraph (1) shall be—
(A) fewer than the number of employees of the Department who are authorized to make purchases without obtaining competitive quotations, pursuant to
(B) sufficient to ensure the geographic dispersal of the availability of the use of the procurement authority under such paragraph at locations reasonably considered to be potential terrorist targets; and
(C) sufficiently limited to allow for the careful monitoring of employees designated under such paragraph.
(3) Review
Procurements made under the authority of this subsection shall be subject to review by a designated supervisor on not less than a monthly basis. The supervisor responsible for the review shall be responsible for no more than 7 employees making procurements under this subsection.
(c) Simplified acquisition procedures
(1) In general
With respect to a procurement described in subsection (a), the Secretary may deem the simplified acquisition threshold referred to in
(A) in the case of a contract to be awarded and performed, or purchase to be made, within the United States, $200,000; and
(B) in the case of a contract to be awarded and performed, or purchase to be made, outside of the United States, $300,000.
(2) Omitted
(d) Application of certain commercial items authorities
(1) In general
With respect to a procurement described in subsection (a), the Secretary may deem any item or service to be a commercial item for the purpose of Federal procurement laws.
(2) Limitation
The $5,000,000 limitation provided in
(3) Certain authority
Authority under a provision of law referred to in paragraph (2) that expires under section 4202(e) of the Clinger-Cohen Act of 1996 (divisions D and E of
(e) Report
Not later than 180 days after the end of fiscal year 2005, the Comptroller General shall submit to the Committee on Governmental Affairs of the Senate and the Committee on Government Reform of the House of Representatives a report on the use of the authorities provided in this section. The report shall contain the following:
(1) An assessment of the extent to which property and services acquired using authorities provided under this section contributed to the capacity of the Federal workforce to facilitate the mission of the Department as described in
(2) An assessment of the extent to which prices for property and services acquired using authorities provided under this section reflected the best value.
(3) The number of employees designated by each executive agency under subsection (b)(1).
(4) An assessment of the extent to which the Department has implemented subsections (b)(2) and (b)(3) to monitor the use of procurement authority by employees designated under subsection (b)(1).
(5) Any recommendations of the Comptroller General for improving the effectiveness of the implementation of the provisions of this section.
(
Editorial Notes
References in Text
The effective date of this chapter, referred to in subsec. (a)(1), is 60 days after Nov. 25, 2002, see section 4 of
Section 4202(e) of the Clinger-Cohen Act of 1996, referred to in subsec. (d)(3), is section 4202(e) of
Codification
In subsec. (b)(1), "
In subsec. (b)(2)(A), "
In subsec. (c)(1), "
In subsec. (d)(2), "
Section is comprised of section 833 of
Statutory Notes and Related Subsidiaries
Change of Name
Committee on Government Reform of House of Representatives changed to Committee on Oversight and Government Reform of House of Representatives by House Resolution No. 6, One Hundred Tenth Congress, Jan. 5, 2007. Committee on Oversight and Government Reform of House of Representatives changed to Committee on Oversight and Reform of House of Representatives by House Resolution No. 6, One Hundred Sixteenth Congress, Jan. 9, 2019. Committee on Oversight and Reform of House of Representatives changed to Committee on Oversight and Accountability of House of Representatives by House Resolution No. 5, One Hundred Eighteenth Congress, Jan. 9, 2023.
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.
§394. Unsolicited proposals
(a) Regulations required
Within 1 year of November 25, 2002, the Federal Acquisition Regulation shall be revised to include regulations with regard to unsolicited proposals.
(b) Content of regulations
The regulations prescribed under subsection (a) shall require that before initiating a comprehensive evaluation, an agency contact point shall consider, among other factors, that the proposal—
(1) is not submitted in response to a previously published agency requirement; and
(2) contains technical and cost information for evaluation and overall scientific, technical or socioeconomic merit, or cost-related or price-related factors.
(
§395. Prohibition on contracts with corporate expatriates
(a) In general
The Secretary may not enter into any contract with a foreign incorporated entity which is treated as an inverted domestic corporation under subsection (b), or any subsidiary of such an entity.
(b) Inverted domestic corporation
For purposes of this section, a foreign incorporated entity shall be treated as an inverted domestic corporation if, pursuant to a plan (or a series of related transactions)—
(1) the entity completes before, on, or after November 25, 2002, the direct or indirect acquisition of substantially all of the properties held directly or indirectly by a domestic corporation or substantially all of the properties constituting a trade or business of a domestic partnership;
(2) after the acquisition at least 80 percent of the stock (by vote or value) of the entity is held—
(A) in the case of an acquisition with respect to a domestic corporation, by former shareholders of the domestic corporation by reason of holding stock in the domestic corporation; or
(B) in the case of an acquisition with respect to a domestic partnership, by former partners of the domestic partnership by reason of holding a capital or profits interest in the domestic partnership; and
(3) the expanded affiliated group which after the acquisition includes the entity does not have substantial business activities in the foreign country in which or under the law of which the entity is created or organized when compared to the total business activities of such expanded affiliated group.
(c) Definitions and special rules
(1) Rules for application of subsection (b)
In applying subsection (b) for purposes of subsection (a), the following rules shall apply:
(A) Certain stock disregarded
There shall not be taken into account in determining ownership for purposes of subsection (b)(2)—
(i) stock held by members of the expanded affiliated group which includes the foreign incorporated entity; or
(ii) stock of such entity which is sold in a public offering related to the acquisition described in subsection (b)(1).
(B) Plan deemed in certain cases
If a foreign incorporated entity acquires directly or indirectly substantially all of the properties of a domestic corporation or partnership during the 4-year period beginning on the date which is 2 years before the ownership requirements of subsection (b)(2) are met, such actions shall be treated as pursuant to a plan.
(C) Certain transfers disregarded
The transfer of properties or liabilities (including by contribution or distribution) shall be disregarded if such transfers are part of a plan a principal purpose of which is to avoid the purposes of this section.
(D) Special rule for related partnerships
For purposes of applying subsection (b) to the acquisition of a domestic partnership, except as provided in regulations, all domestic partnerships which are under common control (within the meaning of
(E) Treatment of certain rights
The Secretary shall prescribe such regulations as may be necessary to—
(i) treat warrants, options, contracts to acquire stock, convertible debt instruments, and other similar interests as stock; and
(ii) treat stock as not stock.
(2) Expanded affiliated group
The term "expanded affiliated group" means an affiliated group as defined in
(3) Foreign incorporated entity
The term "foreign incorporated entity" means any entity which is, or but for subsection (b) would be, treated as a foreign corporation for purposes of title 26.
(4) Other definitions
The terms "person", "domestic", and "foreign" have the meanings given such terms by paragraphs (1), (4), and (5) of
(d) Waivers
The Secretary shall waive subsection (a) with respect to any specific contract if the Secretary determines that the waiver is required in the interest of national security.
(
Editorial Notes
Amendments
2004—Subsec. (a).
Subsec. (b)(1).
Subsec. (c)(1)(B).
Subsec. (d).
2003—Subsec. (d).
§396. Lead system integrator; financial interests
(a) In general
With respect to contracts entered into after July 1, 2007, and except as provided in subsection (b), no entity performing lead system integrator functions in the acquisition of a major system by the Department of Homeland Security may have any direct financial interest in the development or construction of any individual system or element of any system of systems.
(b) Exception
An entity described in subsection (a) may have a direct financial interest in the development or construction of an individual system or element of a system of systems if—
(1) the Secretary of Homeland Security certifies to the Committees on Appropriations of the Senate and the House of Representatives, the Committee on Homeland Security of the House of Representatives, the Committee on Transportation and Infrastructure of the House of Representatives, the Committee on Homeland Security and Governmental Affairs of the Senate, and the Committee on Commerce, Science and Transportation of the Senate that—
(A) the entity was selected by the Department of Homeland Security as a contractor to develop or construct the system or element concerned through the use of competitive procedures; and
(B) the Department took appropriate steps to prevent any organizational conflict of interest in the selection process; or
(2) the entity was selected by a subcontractor to serve as a lower-tier subcontractor, through a process over which the entity exercised no control.
(c) Construction
Nothing in this section shall be construed to preclude an entity described in subsection (a) from performing work necessary to integrate two or more individual systems or elements of a system of systems with each other.
(d) Regulations update
Not later than July 1, 2007, the Secretary of Homeland Security shall update the acquisition regulations of the Department of Homeland Security in order to specify fully in such regulations the matters with respect to lead system integrators set forth in this section. Included in such regulations shall be: (1) a precise and comprehensive definition of the term "lead system integrator", modeled after that used by the Department of Defense; and (2) a specification of various types of contracts and fee structures that are appropriate for use by lead system integrators in the production, fielding, and sustainment of complex systems.
(
Editorial Notes
Codification
Section was enacted as part of the U.S. Troop Readiness, Veterans' Care, Katrina Recovery, and Iraq Accountability Appropriations Act, 2007, and not as part of the Homeland Security Act of 2002 which comprises this chapter.
§397. Requirements to buy certain items related to national security interests
(a) Definitions
In this section:
(1) Covered item
The term "covered item" means any of the following:
(A) Footwear provided as part of a uniform.
(B) Uniforms.
(C) Holsters and tactical pouches.
(D) Patches, insignia, and embellishments.
(E) Chemical, biological, radiological, and nuclear protective gear.
(F) Body armor components intended to provide ballistic protection for an individual, consisting of 1 or more of the following:
(i) Soft ballistic panels.
(ii) Hard ballistic plates.
(iii) Concealed armor carriers worn under a uniform.
(iv) External armor carriers worn over a uniform.
(G) Any other item of clothing or protective equipment as determined appropriate by the Secretary.
(2) Frontline operational component
The term "frontline operational component" means any of the following entities of the Department:
(A) U.S. Customs and Border Protection.
(B) U.S. Immigration and Customs Enforcement.
(C) The United States Secret Service.
(D) The Transportation Security Administration.
(E) The Federal Protective Service.
(F) The Federal Emergency Management Agency.
(G) The Federal Law Enforcement Training Centers.
(H) The Cybersecurity and Infrastructure Security Agency.
(b) Requirements
(1) In general
The Secretary shall ensure that any procurement of a covered item for a frontline operational component meets the following criteria:
(A)(i) To the maximum extent possible, not less than one-third of funds obligated in a specific fiscal year for the procurement of such covered items shall be covered items that are manufactured or supplied in the United States by entities that qualify as small business concerns, as such term is described under
(ii) Covered items may only be supplied pursuant to subparagraph (A) to the extent that United States entities that qualify as small business concerns—
(I) are unable to manufacture covered items in the United States; and
(II) meet the criteria identified in subparagraph (B).
(B) Each contractor with respect to the procurement of such a covered item, including the end-item manufacturer of such a covered item—
(i) is an entity registered with the System for Award Management (or successor system) administered by the General Services Administration; and
(ii) is in compliance with ISO 9001:2015 of the International Organization for Standardization (or successor standard) or a standard determined appropriate by the Secretary to ensure the quality of products and adherence to applicable statutory and regulatory requirements.
(C) Each supplier of such a covered item with an insignia (such as any patch, badge, or emblem) and each supplier of such an insignia, if such covered item with such insignia or such insignia, as the case may be, is not produced, applied, or assembled in the United States, shall—
(i) store such covered item with such insignia or such insignia in a locked area;
(ii) report any pilferage or theft of such covered item with such insignia or such insignia occurring at any stage before delivery of such covered item with such insignia or such insignia; and
(iii) destroy any such defective or unusable covered item with insignia or insignia in a manner established by the Secretary, and maintain records, for three years after the creation of such records, of such destruction that include the date of such destruction, a description of the covered item with insignia or insignia destroyed, the quantity of the covered item with insignia or insignia destroyed, and the method of destruction.
(2) Waiver
(A) In general
In the case of a national emergency declared by the President under the National Emergencies Act (
(B) Notice
Not later than 60 days after the date on which the Secretary determines a waiver under subparagraph (A) is necessary, the Secretary shall provide to the Committee on Homeland Security and Governmental Affairs and the Committee on Appropriations of the Senate and the Committee on Homeland Security, the Committee on Oversight and Reform, and the Committee on Appropriations of the House of Representatives notice of such determination, which shall include the following:
(i) Identification of the national emergency or major disaster declared by the President.
(ii) Identification of the covered item for which the Secretary intends to issue the waiver.
(iii) A description of the demand for the covered item and corresponding lack of supply from contractors able to meet the criteria described in subparagraph (B) or (C) of paragraph (1).
(c) Pricing
The Secretary shall ensure that covered items are purchased at a fair and reasonable price, consistent with the procedures and guidelines specified in the Federal Acquisition Regulation.
(d) Report
Not later than one year after December 23, 2022, and annually thereafter, the Secretary shall provide to the Committee on Homeland Security, the Committee on Oversight and Reform, the Committee on Small Business, and the Committee on Appropriations of the House of Representatives, and the Committee on Homeland Security and Governmental Affairs, the Committee on Small Business and Entrepreneurship, and the Committee on Appropriations of the Senate a briefing on instances in which vendors have failed to meet deadlines for delivery of covered items and corrective actions taken by the Department in response to such instances.
(e) Effective date
This section applies with respect to a contract entered into by the Department or any frontline operational component on or after the date that is 180 days after December 23, 2022.
(
Editorial Notes
References in Text
The National Emergencies Act, referred to in subsec. (b)(2)(A), is
Statutory Notes and Related Subsidiaries
Change of Name
Committee on Oversight and Reform of House of Representatives changed to Committee on Oversight and Accountability of House of Representatives by House Resolution No. 5, One Hundred Eighteenth Congress, Jan. 9, 2023.
Part E—Human Resources Management
§411. Establishment of human resources management system
(a) Authority
(1) Sense of Congress
It is the sense of Congress that—
(A) it is extremely important that employees of the Department be allowed to participate in a meaningful way in the creation of any human resources management system affecting them;
(B) such employees have the most direct knowledge of the demands of their jobs and have a direct interest in ensuring that their human resources management system is conducive to achieving optimal operational efficiencies;
(C) the 21st century human resources management system envisioned for the Department should be one that benefits from the input of its employees; and
(D) this collaborative effort will help secure our homeland.
(2), (3) Omitted
(b) Effect on personnel
(1) Nonseparation or nonreduction in grade or compensation of full-time personnel and part-time personnel holding permanent positions
Except as otherwise provided in this chapter, the transfer under this chapter of full-time personnel (except special Government employees) and part-time personnel holding permanent positions shall not cause any such employee to be separated or reduced in grade or compensation for 1 year after the date of transfer to the Department.
(2) Positions compensated in accordance with Executive Schedule
Any person who, on the day preceding such person's date of transfer pursuant to this chapter, held a position compensated in accordance with the Executive Schedule prescribed in
(3) Coordination rule
Any exercise of authority under
(
Editorial Notes
References in Text
This chapter, referred to in subsec. (b)(1), (2), was in the original "this Act", meaning
Codification
Section is comprised of section 841 of
Statutory Notes and Related Subsidiaries
Independent Investigation and Implementation Plan
"(a)
"(b)
"(c)
§412. Labor-management relations
(a) Limitation on exclusionary authority
(1) In general
No agency or subdivision of an agency which is transferred to the Department pursuant to this chapter shall be excluded from the coverage of
(A) the mission and responsibilities of the agency (or subdivision) materially change; and
(B) a majority of the employees within such agency (or subdivision) have as their primary duty intelligence, counterintelligence, or investigative work directly related to terrorism investigation.
(2) Exclusions allowable
Nothing in paragraph (1) shall affect the effectiveness of any order to the extent that such order excludes any portion of an agency or subdivision of an agency as to which—
(A) recognition as an appropriate unit has never been conferred for purposes of
(B) any such recognition has been revoked or otherwise terminated as a result of a determination under subsection (b)(1).
(b) Provisions relating to bargaining units
(1) Limitation relating to appropriate units
Each unit which is recognized as an appropriate unit for purposes of
(A) the mission and responsibilities of such unit (or subdivision) materially change; and
(B) a majority of the employees within such unit (or subdivision) have as their primary duty intelligence, counterintelligence, or investigative work directly related to terrorism investigation.
(2) Limitation relating to positions or employees
No position or employee within a unit (or subdivision of a unit) as to which continued recognition is given in accordance with paragraph (1) shall be excluded from such unit (or subdivision), for purposes of
(A) materially changes; and
(B) consists of intelligence, counterintelligence, or investigative work directly related to terrorism investigation.
In the case of any positions within a unit (or subdivision) which are first established on or after the effective date of this chapter and any employees first appointed on or after such date, the preceding sentence shall be applied disregarding subparagraph (A).
(c) Waiver
If the President determines that the application of subsections (a), (b), and (d) would have a substantial adverse impact on the ability of the Department to protect homeland security, the President may waive the application of such subsections 10 days after the President has submitted to Congress a written explanation of the reasons for such determination.
(d) Coordination rule
No other provision of this chapter or of any amendment made by this chapter may be construed or applied in a manner so as to limit, supersede, or otherwise affect the provisions of this section, except to the extent that it does so by specific reference to this section.
(e) Rule of construction
Nothing in
(
Editorial Notes
References in Text
This chapter, referred to in subsecs. (a)(1), (b)(1), and (d), was in the original "this Act", meaning
The effective date of this chapter, referred to in subsec. (b), is 60 days after Nov. 25, 2002, see section 4 of
§413. Use of counternarcotics enforcement activities in certain employee performance appraisals
(a) In general
Each subdivision of the Department that is a National Drug Control Program Agency shall include as one of the criteria in its performance appraisal system, for each employee directly or indirectly involved in the enforcement of Federal, State, or local narcotics laws, the performance of that employee with respect to the enforcement of Federal, State, or local narcotics laws, relying to the greatest extent practicable on objective performance measures, including—
(1) the contribution of that employee to seizures of narcotics and arrests of violators of Federal, State, or local narcotics laws; and
(2) the degree to which that employee cooperated with or contributed to the efforts of other employees, either within the Department or other Federal, State, or local agencies, in counternarcotics enforcement.
(b) Definitions
For purposes of this section—
(1) the term "National Drug Control Program Agency" means—
(A) a National Drug Control Program Agency 1, as defined in section 1701(7) 2 of title 21 (as last in effect); and
(B) any subdivision of the Department that has a significant counternarcotics responsibility, as determined by—
(i) the counternarcotics officer, appointed under
(ii) if applicable, the counternarcotics officer's successor in function (as determined by the Secretary); and
(2) the term "performance appraisal system" means a system under which periodic appraisals of job performance of employees are made, whether under
(
Editorial Notes
References in Text
1 So in original. Probably should be "agency".
2 See References in Text note below.
§414. Homeland Security Rotation Program
(a) 1 Establishment
(1) In general
Not later than 180 days after October 4, 2006, the Secretary shall establish the Homeland Security Rotation Program (in this section referred to as the "Rotation Program") for employees of the Department. The Rotation Program shall use applicable best practices, including those from the Chief Human Capital Officers Council.
(2) Goals
The Rotation Program established by the Secretary shall—
(A) be established in accordance with the Human Capital Strategic Plan of the Department;
(B) provide middle and senior level employees in the Department the opportunity to broaden their knowledge through exposure to other components of the Department;
(C) expand the knowledge base of the Department by providing for rotational assignments of employees to other components;
(D) build professional relationships and contacts among the employees in the Department;
(E) invigorate the workforce with exciting and professionally rewarding opportunities;
(F) incorporate Department human capital strategic plans and activities, and address critical human capital deficiencies, recruitment and retention efforts, and succession planning within the Federal workforce of the Department; and
(G) complement and incorporate (but not replace) rotational programs within the Department in effect on October 4, 2006.
(3) Administration
(A) In general
The Chief Human Capital Officer shall administer the Rotation Program.
(B) Responsibilities
The Chief Human Capital Officer shall—
(i) provide oversight of the establishment and implementation of the Rotation Program;
(ii) establish a framework that supports the goals of the Rotation Program and promotes cross-disciplinary rotational opportunities;
(iii) establish eligibility for employees to participate in the Rotation Program and select participants from employees who apply;
(iv) establish incentives for employees to participate in the Rotation Program, including promotions and employment preferences;
(v) ensure that the Rotation Program provides professional education and training;
(vi) ensure that the Rotation Program develops qualified employees and future leaders with broad-based experience throughout the Department;
(vii) provide for greater interaction among employees in components of the Department; and
(viii) coordinate with rotational programs within the Department in effect on October 4, 2006.
(4) Allowances, privileges, and benefits
All allowances, privileges, rights, seniority, and other benefits of employees participating in the Rotation Program shall be preserved.
(5) Reporting
Not later than 180 days after the date of the establishment of the Rotation Program, the Secretary shall submit a report on the status of the Rotation Program, including a description of the Rotation Program, the number of employees participating, and how the Rotation Program is used in succession planning and leadership development to the appropriate committees of Congress.
(
1 So in original. There is no subsec. (b).
§415. Homeland Security Education Program
(a) Establishment
The Secretary, acting through the Administrator, shall establish a graduate-level Homeland Security Education Program in the National Capital Region to provide educational opportunities to senior Federal officials and selected State and local officials with homeland security and emergency management responsibilities. The Administrator shall appoint an individual to administer the activities under this section.
(b) Leveraging of existing resources
To maximize efficiency and effectiveness in carrying out the Program, the Administrator shall use existing Department-reviewed Master's Degree curricula in homeland security, including curricula pending accreditation, together with associated learning materials, quality assessment tools, digital libraries, exercise systems and other educational facilities, including the National Domestic Preparedness Consortium, the National Fire Academy, and the Emergency Management Institute. The Administrator may develop additional educational programs, as appropriate.
(c) Student enrollment
(1) Sources
The student body of the Program shall include officials from Federal, State, local, and tribal governments, and from other sources designated by the Administrator.
(2) Enrollment priorities and selection criteria
The Administrator shall establish policies governing student enrollment priorities and selection criteria that are consistent with the mission of the Program.
(3) Diversity
The Administrator shall take reasonable steps to ensure that the student body represents racial, gender, and ethnic diversity.
(d) Service commitment
(1) In general
Before any employee selected for the Program may be assigned to participate in the program, the employee shall agree in writing—
(A) to continue in the service of the agency sponsoring the employee during the 2-year period beginning on the date on which the employee completes the program, unless the employee is involuntarily separated from the service of that agency for reasons other than a reduction in force; and
(B) to pay to the Government the amount of the additional expenses incurred by the Government in connection with the employee's education if the employee is voluntarily separated from the service to the agency before the end of the period described in subparagraph (A).
(2) Payment of expenses
(A) Exemption
An employee who leaves the service of the sponsoring agency to enter into the service of another agency in any branch of the Government shall not be required to make a payment under paragraph (1)(B), unless the head of the agency that sponsored the education of the employee notifies that employee before the date on which the employee enters the service of the other agency that payment is required under that paragraph.
(B) Amount of payment
If an employee is required to make a payment under paragraph (1)(B), the agency that sponsored the education of the employee shall determine the amount of the payment, except that such amount may not exceed the pro rata share of the expenses incurred for the time remaining in the 2-year period.
(3) Recovery of payment
If an employee who is required to make a payment under this subsection does not make the payment, a sum equal to the amount of the expenses incurred by the Government for the education of that employee is recoverable by the Government from the employee or his estate by—
(A) setoff against accrued pay, compensation, amount of retirement credit, or other amount due the employee from the Government; or
(B) such other method as is provided by lay 1 for the recovery of amounts owing to the Government.
(
Statutory Notes and Related Subsidiaries
Change of Name
The reference to the "Administrator" in text probably means the Administrator of the Federal Emergency Management Agency. Any reference to the Administrator of the Federal Emergency Management Agency in title VI of
1 So in original. Probably should be "law".
§416. Use of protective equipment or measures by employees
None of the funds made available in this or any other Act for fiscal year 2013 and thereafter may be used to propose or effect a disciplinary or adverse action, with respect to any Department of Homeland Security employee who engages regularly with the public in the performance of his or her official duties solely because that employee elects to utilize protective equipment or measures, including but not limited to surgical masks, N95 respirators, gloves, or hand-sanitizers, where use of such equipment or measures is in accord with Department of Homeland Security policy, and Centers for Disease Control and Prevention and Office of Personnel Management guidance.
(
Editorial Notes
References in Text
This Act, referred to in text, means div. D of
Codification
Section was enacted as part of the Department of Homeland Security Appropriations Act, 2013, and not as part of the Homeland Security Act of 2002 which comprises this chapter.
§417. Rotational cybersecurity research program
To enhance the Department's cybersecurity capacity, the Secretary may establish a rotational research, development, and training program for—
(1) detail to the Cybersecurity and Infrastructure Security Agency (including the national cybersecurity and communications integration center authorized by
(2) detail to the Coast Guard Academy, as faculty, of individuals with expertise and experience in cybersecurity who are employed by—
(A) the Agency (including the center);
(B) the Directorate of Science and Technology; or
(C) institutions that have been designated by the Department as a Center of Excellence for Cyber Defense, or the equivalent.
(
Part F—Federal Emergency Procurement Flexibility
§421. Definition
In this part, the term "executive agency" has the meaning given that term under
(
Editorial Notes
Codification
In text, "
§422. Procurements for defense against or recovery from terrorism or nuclear, biological, chemical, or radiological attack
The authorities provided in this part apply to any procurement of property or services by or for an executive agency that, as determined by the head of the executive agency, are to be used to facilitate defense against or recovery from terrorism or nuclear, biological, chemical, or radiological attack, but only if a solicitation of offers for the procurement is issued during the 1-year period beginning on November 25, 2002.
(
§423. Increased simplified acquisition threshold for procurements in support of humanitarian or peacekeeping operations or contingency operations
(a) Temporary threshold amounts
For a procurement referred to in
(1) in the case of a contract to be awarded and performed, or purchase to be made, inside the United States, $200,000; or
(2) in the case of a contract to be awarded and performed, or purchase to be made, outside the United States, $300,000.
(b) Simplified acquisition threshold definitions
In this section, the term "simplified acquisition threshold definitions" means the following:
(1)
(2)
(3)
(c) Small business reserve
For a procurement carried out pursuant to subsection (a),
(
Editorial Notes
Amendments
2021—Subsec. (b).
"(1) Section 4(11) of the Office of Federal Procurement Policy Act (
"(2) Section 309(d) of the Federal Property and Administrative Services Act of 1949 (
"(3)
§424. Increased micro-purchase threshold for certain procurements
In the administration of
(
Editorial Notes
Codification
In text, "
§425. Application of certain commercial items authorities to certain procurements
(a) Authority
(1) In general
The head of an executive agency may apply the provisions of law listed in paragraph (2) to a procurement referred to in
(2) Commercial item laws
The provisions of law referred to in paragraph (1) are as follows:
(A)
(B)
(C)
(b) Inapplicability of limitation on use of simplified acquisition procedures
(1) In general
The $5,000,000 limitation provided in
(2) OMB guidance
The Director of the Office of Management and Budget shall issue guidance and procedures for the use of simplified acquisition procedures for a purchase of property or services in excess of $5,000,000 under the authority of this section.
(c) Continuation of authority for simplified purchase procedures
Authority under a provision of law referred to in subsection (a)(2) that expires under section 4202(e) of the Clinger-Cohen Act of 1996 (divisions D and E of
(
Editorial Notes
References in Text
Section 4202(e) of the Clinger-Cohen Act of 1996, referred to in subsec. (c), is section 4202(e) of
Amendments
2021—Subsec. (a)(2).
"(A)
"(B)
"(C)
Subsec. (b)(1).
§426. Use of streamlined procedures
(a) Required use
The head of an executive agency shall, when appropriate, use streamlined acquisition authorities and procedures authorized by law for a procurement referred to in
(1) Federal Property and Administrative Services Act of 1949
In division C of subtitle I of title 41:
(A) Paragraphs (1), (2), (6), and (7) of subsection (a) of
(B)
(2) Title 10
In part V of subtitle A of title 10:
(A) Paragraphs (1), (2), (6), and (7) of subsection (a) of section 3204, relating to use of procedures other than competitive procedures under certain circumstances (subject to subsection (d) of such section).
(B) Section 3406, relating to orders under task and delivery order contracts.
(3) Office of Federal Procurement Policy Act
Paragraphs (1)(B), (1)(D), and (2)(A) of
(b) Waiver of certain small business threshold requirements
Subclause (II) of
(
Editorial Notes
References in Text
The Federal Property and Administrative Services Act of 1949, referred to in subsec. (a)(1) heading, is act June 30, 1949, ch. 288,
The Office of Federal Procurement Policy Act, referred to in subsec. (a)(3) heading, is
Subsec. (b) of
Amendments
2021—Subsec. (a).
1 See References in Text note below.
§427. Review and report by Comptroller General
(a) Requirements
Not later than March 31, 2004, the Comptroller General shall—
(1) complete a review of the extent to which procurements of property and services have been made in accordance with this part; and
(2) submit a report on the results of the review to the Committee on Governmental Affairs of the Senate and the Committee on Government Reform of the House of Representatives.
(b) Content of report
The report under subsection (a)(2) shall include the following matters:
(1) Assessment
The Comptroller General's assessment of—
(A) the extent to which property and services procured in accordance with this subchapter have contributed to the capacity of the workforce of Federal Government employees within each executive agency to carry out the mission of the executive agency; and
(B) the extent to which Federal Government employees have been trained on the use of technology.
(2) Recommendations
Any recommendations of the Comptroller General resulting from the assessment described in paragraph (1).
(c) Consultation
In preparing for the review under subsection (a)(1), the Comptroller shall consult with the Committee on Governmental Affairs of the Senate and the Committee on Government Reform of the House of Representatives on the specific issues and topics to be reviewed. The extent of coverage needed in areas such as technology integration, employee training, and human capital management, as well as the data requirements of the study, shall be included as part of the consultation.
(
Editorial Notes
References in Text
This subchapter, referred to in subsec. (b)(1)(A), was in the original "this title", meaning title VIII of
Statutory Notes and Related Subsidiaries
Change of Name
Committee on Government Reform of House of Representatives changed to Committee on Oversight and Government Reform of House of Representatives by House Resolution No. 6, One Hundred Tenth Congress, Jan. 5, 2007. Committee on Oversight and Government Reform of House of Representatives changed to Committee on Oversight and Reform of House of Representatives by House Resolution No. 6, One Hundred Sixteenth Congress, Jan. 9, 2019. Committee on Oversight and Reform of House of Representatives changed to Committee on Oversight and Accountability of House of Representatives by House Resolution No. 5, One Hundred Eighteenth Congress, Jan. 9, 2023.
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.
§428. Identification of new entrants into the Federal marketplace
The head of each executive agency shall conduct market research on an ongoing basis to identify effectively the capabilities, including the capabilities of small businesses and new entrants into Federal contracting, that are available in the marketplace for meeting the requirements of the executive agency in furtherance of defense against or recovery from terrorism or nuclear, biological, chemical, or radiological attack. The head of the executive agency shall, to the maximum extent practicable, take advantage of commercially available market research methods, including use of commercial databases, to carry out the research.
(
Part G—Support Anti-Terrorism by Fostering Effective Technologies
§441. Administration
(a) In general
The Secretary shall be responsible for the administration of this part.
(b) Designation of qualified anti-terrorism technologies
The Secretary may designate anti-terrorism technologies that qualify for protection under the system of risk management set forth in this part in accordance with criteria that shall include, but not be limited to, the following:
(1) Prior United States Government use or demonstrated substantial utility and effectiveness.
(2) Availability of the technology for immediate deployment in public and private settings.
(3) Existence of extraordinarily large or extraordinarily unquantifiable potential third party liability risk exposure to the Seller or other provider of such anti-terrorism technology.
(4) Substantial likelihood that such anti-terrorism technology will not be deployed unless protections under the system of risk management provided under this part are extended.
(5) Magnitude of risk exposure to the public if such anti-terrorism technology is not deployed.
(6) Evaluation of all scientific studies that can be feasibly conducted in order to assess the capability of the technology to substantially reduce risks of harm.
(7) Anti-terrorism technology that would be effective in facilitating the defense against acts of terrorism, including technologies that prevent, defeat or respond to such acts.
(c) Regulations
The Secretary may issue such regulations, after notice and comment in accordance with
(
Statutory Notes and Related Subsidiaries
Short Title
For short title of this part as the "Support Anti-terrorism by Fostering Effective Technologies Act of 2002" or the "SAFETY Act", see section 861 of
§442. Litigation management
(a) Federal cause of action
(1) In general
There shall exist a Federal cause of action for claims arising out of, relating to, or resulting from an act of terrorism when qualified anti-terrorism technologies have been deployed in defense against or response or recovery from such act and such claims result or may result in loss to the Seller. The substantive law for decision in any such action shall be derived from the law, including choice of law principles, of the State in which such acts of terrorism occurred, unless such law is inconsistent with or preempted by Federal law. Such Federal cause of action shall be brought only for claims for injuries that are proximately caused by sellers 1 that provide qualified anti-terrorism technology to Federal and non-Federal government 2 customers.
(2) Jurisdiction
Such appropriate district court of the United States shall have original and exclusive jurisdiction over all actions for any claim for loss of property, personal injury, or death arising out of, relating to, or resulting from an act of terrorism when qualified anti-terrorism technologies have been deployed in defense against or response or recovery from such act and such claims result or may result in loss to the Seller.
(b) Special rules
In an action brought under this section for damages the following provisions apply:
(1) Punitive damages
No punitive damages intended to punish or deter, exemplary damages, or other damages not intended to compensate a plaintiff for actual losses may be awarded, nor shall any party be liable for interest prior to the judgment.
(2) Noneconomic damages
(A) In general
Noneconomic damages may be awarded against a defendant only in an amount directly proportional to the percentage of responsibility of such defendant for the harm to the plaintiff, and no plaintiff may recover noneconomic damages unless the plaintiff suffered physical harm.
(B) Definition
For purposes of subparagraph (A), the term "noneconomic damages" means damages for losses for physical and emotional pain, suffering, inconvenience, physical impairment, mental anguish, disfigurement, loss of enjoyment of life, loss of society and companionship, loss of consortium, hedonic damages, injury to reputation, and any other nonpecuniary losses.
(c) Collateral sources
Any recovery by a plaintiff in an action under this section shall be reduced by the amount of collateral source compensation, if any, that the plaintiff has received or is entitled to receive as a result of such acts of terrorism that result or may result in loss to the Seller.
(d) Government contractor defense
(1) In general
Should a product liability or other lawsuit be filed for claims arising out of, relating to, or resulting from an act of terrorism when qualified anti-terrorism technologies approved by the Secretary, as provided in paragraphs (2) and (3) of this subsection, have been deployed in defense against or response or recovery from such act and such claims result or may result in loss to the Seller, there shall be a rebuttable presumption that the government contractor defense applies in such lawsuit. This presumption shall only be overcome by evidence showing that the Seller acted fraudulently or with willful misconduct in submitting information to the Secretary during the course of the Secretary's consideration of such technology under this subsection. This presumption of the government contractor defense shall apply regardless of whether the claim against the Seller arises from a sale of the product to Federal Government or non-Federal Government customers.
(2) Exclusive responsibility
The Secretary will be exclusively responsible for the review and approval of anti-terrorism technology for purposes of establishing a government contractor defense in any product liability lawsuit for claims arising out of, relating to, or resulting from an act of terrorism when qualified anti-terrorism technologies approved by the Secretary, as provided in this paragraph and paragraph (3), have been deployed in defense against or response or recovery from such act and such claims result or may result in loss to the Seller. Upon the Seller's submission to the Secretary for approval of anti-terrorism technology, the Secretary will conduct a comprehensive review of the design of such technology and determine whether it will perform as intended, conforms to the Seller's specifications, and is safe for use as intended. The Seller will conduct safety and hazard analyses on such technology and will supply the Secretary with all such information.
(3) Certificate
For anti-terrorism technology reviewed and approved by the Secretary, the Secretary will issue a certificate of conformance to the Seller and place the anti-terrorism technology on an Approved Product List for Homeland Security.
(e) Exclusion
Nothing in this section shall in any way limit the ability of any person to seek any form of recovery from any person, government, or other entity that—
(1) attempts to commit, knowingly participates in, aids and abets, or commits any act of terrorism, or any criminal act related to or resulting from such act of terrorism; or
(2) participates in a conspiracy to commit any such act of terrorism or any such criminal act.
(
1 So in original. Probably should be "Sellers".
2 So in original. Probably should be "Government".
§443. Risk management
(a) In general
(1) Liability insurance required
Any person or entity that sells or otherwise provides a qualified anti-terrorism technology to Federal and non-Federal Government customers ("Seller") shall obtain liability insurance of such types and in such amounts as shall be required in accordance with this section and certified by the Secretary to satisfy otherwise compensable third-party claims arising out of, relating to, or resulting from an act of terrorism when qualified anti-terrorism technologies have been deployed in defense against or response or recovery from such act.
(2) Maximum amount
For the total claims related to 1 such act of terrorism, the Seller is not required to obtain liability insurance of more than the maximum amount of liability insurance reasonably available from private sources on the world market at prices and terms that will not unreasonably distort the sales price of Seller's anti-terrorism technologies.
(3) Scope of coverage
Liability insurance obtained pursuant to this subsection shall, in addition to the Seller, protect the following, to the extent of their potential liability for involvement in the manufacture, qualification, sale, use, or operation of qualified anti-terrorism technologies deployed in defense against or response or recovery from an act of terrorism:
(A) Contractors, subcontractors, suppliers, vendors and customers of the Seller.
(B) Contractors, subcontractors, suppliers, and vendors of the customer.
(4) Third party claims
Such liability insurance under this section shall provide coverage against third party claims arising out of, relating to, or resulting from the sale or use of anti-terrorism technologies.
(b) Reciprocal waiver of claims
The Seller shall enter into a reciprocal waiver of claims with its contractors, subcontractors, suppliers, vendors and customers, and contractors and subcontractors of the customers, involved in the manufacture, sale, use or operation of qualified anti-terrorism technologies, under which each party to the waiver agrees to be responsible for losses, including business interruption losses, that it sustains, or for losses sustained by its own employees resulting from an activity resulting from an act of terrorism when qualified anti-terrorism technologies have been deployed in defense against or response or recovery from such act.
(c) Extent of liability
Notwithstanding any other provision of law, liability for all claims against a Seller arising out of, relating to, or resulting from an act of terrorism when qualified anti-terrorism technologies have been deployed in defense against or response or recovery from such act and such claims result or may result in loss to the Seller, whether for compensatory or punitive damages or for contribution or indemnity, shall not be in an amount greater than the limits of liability insurance coverage required to be maintained by the Seller under this section.
(
§444. Definitions
For purposes of this part, the following definitions apply:
(1) Qualified anti-terrorism technology
For purposes of this part, the term "qualified anti-terrorism technology" means any product, equipment, service (including support services), device, or technology (including information technology) designed, developed, modified, or procured for the specific purpose of preventing, detecting, identifying, or deterring acts of terrorism or limiting the harm such acts might otherwise cause, that is designated as such by the Secretary.
(2) Act of terrorism
(A) The term "act of terrorism" means any act that the Secretary determines meets the requirements under subparagraph (B), as such requirements are further defined and specified by the Secretary.
(B)
(i) is unlawful;
(ii) causes harm to a person, property, or entity, in the United States, or in the case of a domestic United States air carrier or a United States-flag vessel (or a vessel based principally in the United States on which United States income tax is paid and whose insurance coverage is subject to regulation in the United States), in or outside the United States; and
(iii) uses or attempts to use instrumentalities, weapons or other methods designed or intended to cause mass destruction, injury or other loss to citizens or institutions of the United States.
(3) Insurance carrier
The term "insurance carrier" means any corporation, association, society, order, firm, company, mutual,1 partnership, individual aggregation of individuals, or any other legal entity that provides commercial property and casualty insurance. Such term includes any affiliates of a commercial insurance carrier.
(4) Liability insurance
(A) 2 In general
The term "liability insurance" means insurance for legal liabilities incurred by the insured resulting from—
(i) loss of or damage to property of others;
(ii) ensuing loss of income or extra expense incurred because of loss of or damage to property of others;
(iii) bodily injury (including) to persons other than the insured or its employees; or
(iv) loss resulting from debt or default of another.
(5) Loss
The term "loss" means death, bodily injury, or loss of or damage to property, including business interruption loss.
(6) Non-Federal Government customers
The term "non-Federal Government customers" means any customer of a Seller that is not an agency or instrumentality of the United States Government with authority under
(
Editorial Notes
References in Text
2 So in original. No subpar. (B) has been enacted.
Part H—Miscellaneous Provisions
§451. Advisory committees
(a) In general
The Secretary may establish, appoint members of, and use the services of, advisory committees, as the Secretary may deem necessary. An advisory committee established under this section may be exempted by the Secretary from
(b) Termination
Any advisory committee established by the Secretary shall terminate 2 years after the date of its establishment, unless the Secretary makes a written determination to extend the advisory committee to a specified date, which shall not be more than 2 years after the date on which such determination is made. The Secretary may make any number of subsequent extensions consistent with this subsection.
(
Editorial Notes
Amendments
2022—Subsec. (a).
Statutory Notes and Related Subsidiaries
Establishment of the Department of Homeland Security Economic Security Council
"(1)
"(A)
"(B)
"(C)
"(D)
"(2)
"(3)
"(A) Identifying concentrated risks for trade and economic security.
"(B) Setting priorities for securing the trade and economic security of the United States.
"(C) Coordinating Department-wide activity on trade and economic security matters.
"(D) With respect to the development of the continuity of the economy plan of the President under section 9603 of the William M. (Mac) Thornberry National Defense Authorization Act of [for] Fiscal Year 2021 (
"(E) Proposing statutory and regulatory changes impacting trade and economic security.
"(F) Any other matters the Secretary considers appropriate.
"(4)
"(A) shall serve as Chair of the Council; and
"(B) may designate a Council member as a Vice Chair.
"(5)
"(A) at the call of the Chair; or
"(B) at the direction of the Secretary.
"(6)
[Nothing in section 7116(a) of
§452. Reorganization
(a) Reorganization
The Secretary may allocate or reallocate functions among the officers of the Department, and may establish, consolidate, alter, or discontinue organizational units within the Department, but only—
(1) pursuant to
(2) after the expiration of 60 days after providing notice of such action to the appropriate congressional committees, which shall include an explanation of the rationale for the action.
(b) Limitations
(1) In general
Authority under subsection (a)(1) does not extend to the abolition of any agency, entity, organizational unit, program, or function established or required to be maintained by this chapter.
(2) Abolitions
Authority under subsection (a)(2) does not extend to the abolition of any agency, entity, organizational unit, program, or function established or required to be maintained by statute.
(
Editorial Notes
References in Text
This chapter, referred to in subsec. (b)(1), was in the original "this Act", meaning
Statutory Notes and Related Subsidiaries
Transfer of Office of Biometric Identity Management and Federal Protective Service
"(a)
"(b)
"(1)
"(2)
"(A) provide to the Committee on Homeland Security and the Committee on Transportation and Infrastructure of the House of Representatives and the Committee on Homeland Security and Governmental Affairs of the Senate and the Office of Management and Budget a detailed explanation, in writing, of the reason for such determination that includes—
"(i) information on how the Department considered the Government Accountability Office review described in such paragraph;
"(ii) a list of the components, directorates, or other offices of the Department that were considered for such placement; and
"(iii) information on why each such component, directorate, or other office of the Department was determined to not be an appropriate placement for the Service;
"(B) not later than 120 days after the completion of the Government Accountability Office review described in such paragraph, develop and submit to the committees specified in subparagraph (A) and the Office of Management and Budget a plan to coordinate with other appropriate Federal agencies, including the General Services Administration, to determine a more appropriate placement for the Service; and
"(C) not later than 180 days after the completion of such Government Accountability Office review, submit to such committees and the Office of Management and Budget a recommendation regarding the appropriate placement of the Service within the executive branch of the Federal Government."
§453. Use of appropriated funds
(a) Disposal of property
(1) Strict compliance
If specifically authorized to dispose of real property in this chapter or any other Act, the Secretary shall exercise this authority in strict compliance with subchapter IV of
(2) Deposit of proceeds
The Secretary shall deposit the proceeds of any exercise of property disposal authority into the miscellaneous receipts of the Treasury in accordance with
(b) Gifts
Except as authorized by
(c) Budget request
Under
(
Editorial Notes
References in Text
This chapter, referred to in subsec. (a)(1), was in the original a reference to this Act, meaning
Codification
In subsec. (a)(1), "subchapter IV of
Amendments
2010—Subsec. (b).
2003—Subsec. (b).
1 See References in Text note below.
§453a. Additional uses of appropriated funds
In fiscal year 2004 and thereafter, unless otherwise provided, funds may be used for purchase of uniforms without regard to the general purchase price limitation for the current fiscal year; purchase of insurance for official motor vehicles operated in foreign countries; entering into contracts with the Department of State to furnish health and medical services to employees and their dependents serving in foreign countries; services authorized by
(
Editorial Notes
Codification
Section was enacted as part of the Department of Homeland Security Appropriations Act, 2004, and not as part of the Homeland Security Act of 2002 which comprises this chapter.
§453b. Requirement to buy certain items related to national security interests from American sources; exceptions
(a) Requirement
Except as provided in subsections (c) through (g), funds appropriated or otherwise available to the Department of Homeland Security may not be used for the procurement of an item described in subsection (b) if the item is not grown, reprocessed, reused, or produced in the United States.
(b) Covered items
An item referred to in subsection (a) is any of the following, if the item is directly related to the national security interests of the United States:
(1) 1 An article or item of—
(A) clothing and the materials and components thereof, other than sensors, electronics, or other items added to, and not normally associated with, clothing (and the materials and components thereof);
(B) tents, tarpaulins, covers, textile belts, bags, protective equipment (including but not limited to body armor), sleep systems, load carrying equipment (including but not limited to fieldpacks), textile marine equipment, parachutes, or bandages;
(C) cotton and other natural fiber products, woven silk or woven silk blends, spun silk yarn for cartridge cloth, synthetic fabric or coated synthetic fabric (including all textile fibers and yarns that are for use in such fabrics), canvas products, or wool (whether in the form of fiber or yarn or contained in fabrics, materials, or manufactured articles); or
(D) any item of individual equipment manufactured from or containing such fibers, yarns, fabrics, or materials.
(c) Availability exception
Subsection (a) does not apply to the extent that the Secretary of Homeland Security determines that satisfactory quality and sufficient quantity of any such article or item described in subsection (b)(1) grown, reprocessed, reused, or produced in the United States cannot be procured as and when needed at United States market prices. This section is not applicable to covered items that are, or include, materials determined to be non-available in accordance with Federal Acquisition Regulation 25.104 Nonavailable Articles.
(d) De minimis exception
Notwithstanding subsection (a), the Secretary of Homeland Security may accept delivery of an item covered by subsection (b) that contains non-compliant fibers if the total value of non-compliant fibers contained in the end item does not exceed 10 percent of the total purchase price of the end item.
(e) Exception for certain procurements outside the United States
Subsection (a) does not apply to the following:
(1) Procurements by vessels in foreign waters.
(2) Emergency procurements.
(f) Exception for small purchases
Subsection (a) does not apply to purchases for amounts not greater than the simplified acquisition threshold referred to in
(g) Applicability to contracts and subcontracts for procurement of commercial products
This section is applicable to contracts and subcontracts for the procurement of commercial products notwithstanding
(h) Geographic coverage
In this section, the term "United States" includes the possessions of the United States.
(i) Notification required within 7 days after contract award if certain exceptions applied
In the case of any contract for the procurement of an item described in subsection (b)(1), if the Secretary of Homeland Security applies an exception set forth in subsection (c) with respect to that contract, the Secretary shall, not later than 7 days after the award of the contract, post a notification that the exception has been applied on the Internet site maintained by the General Services Administration known as FedBizOps.gov (or any successor site).
(j) Training during fiscal year 2009
(1) In general
The Secretary of Homeland Security shall ensure that each member of the acquisition workforce in the Department of Homeland Security who participates personally and substantially in the acquisition of textiles on a regular basis receives training during fiscal year 2009 on the requirements of this section and the regulations implementing this section.
(2) Inclusion of information in new training programs
The Secretary shall ensure that any training program for the acquisition workforce developed or implemented after February 17, 2009, includes comprehensive information on the requirements described in paragraph (1).
(k) Consistency with international agreements
This section shall be applied in a manner consistent with United States obligations under international agreements.
(l) Effective date
This section applies with respect to contracts entered into by the Department of Homeland Security 180 days after February 17, 2009.
(
Editorial Notes
Codification
Section was enacted as part of the American Recovery and Reinvestment Act of 2009, and not as part of the Homeland Security Act of 2002 which comprises this chapter.
Amendments
2021—Subsec. (f).
2018—Subsec. (g).
Statutory Notes and Related Subsidiaries
Effective Date of 2018 Amendment; Savings Provision
1 So in original. No par. (2) has been enacted.
§453c. Disposition of equines unfit for service
None of the funds made available in this or any other Act for fiscal year 2012 and thereafter may be used to destroy or put out to pasture any horse or other equine belonging to any component or agency of the Department of Homeland Security that has become unfit for service, unless the trainer or handler is first given the option to take possession of the equine through an adoption program that has safeguards against slaughter and inhumane treatment.
(
Editorial Notes
References in Text
This Act, referred to in text, means div. D of
Codification
Section was enacted as part of the Department of Homeland Security Appropriations Act, 2012, and also as part of the Consolidated Appropriations Act, 2012, and not as part of the Homeland Security Act of 2002 which comprises this chapter.
§454. Future Years Homeland Security Program
(a) In general
Each budget request submitted to Congress for the Department under
(b) Contents
The Future Years Homeland Security Program under subsection (a) shall—
(1) include the same type of information, organizational structure, and level of detail as the future years defense program submitted to Congress by the Secretary of Defense under
(2) set forth the homeland security strategy of the Department, which shall be developed and updated as appropriate annually by the Secretary, that was used to develop program planning guidance for the Future Years Homeland Security Program; and
(3) include an explanation of how the resource allocations included in the Future Years Homeland Security Program correlate to the homeland security strategy set forth under paragraph (2).
(c) Effective date
This section shall take effect with respect to the preparation and submission of the fiscal year 2005 budget request for the Department and for any subsequent fiscal year, except that the first Future Years Homeland Security Program shall be submitted not later than 90 days after the Department's fiscal year 2005 budget request is submitted to Congress.
(
Editorial Notes
Amendments
2004—Subsec. (b).
Statutory Notes and Related Subsidiaries
Administrative Provisions
§455. Miscellaneous authorities
(a) Seal
The Department shall have a seal, whose design is subject to the approval of the President.
(b) Participation of members of the Armed Forces
With respect to the Department, the Secretary shall have the same authorities that the Secretary of Transportation has with respect to the Department of Transportation under
(c) Redelegation of functions
Unless otherwise provided in the delegation or by law, any function delegated under this chapter may be redelegated to any subordinate.
(d) Investigation of certain violent acts, shootings, and mass killings
(1) In general
At the request of an appropriate law enforcement official of a State or political subdivision, the Secretary, through deployment of the Secret Service or United States Immigration and Customs Enforcement, may assist in the investigation of violent acts and shootings occurring in a place of public use, and in the investigation of mass killings and attempted mass killings. Any assistance provided by the Secretary under this subsection shall be presumed to be within the scope of Federal office or employment.
(2) Definitions
For purposes of this subsection—
(A) the term "mass killings" means 3 or more killings in a single incident; and
(B) the term "place of public use" has the meaning given that term under
(
Editorial Notes
References in Text
This chapter, referred to in subsec. (c), was in the original "this Act", meaning
Amendments
2013—Subsec. (d).
§456. Military activities
Nothing in this chapter shall confer upon the Secretary any authority to engage in warfighting, the military defense of the United States, or other military activities, nor shall anything in this chapter limit the existing authority of the Department of Defense or the Armed Forces to engage in warfighting, the military defense of the United States, or other military activities.
(
Editorial Notes
References in Text
This chapter, referred to in text, was in the original "this Act", meaning
§457. Regulatory authority and preemption
(a) Regulatory authority
Except as otherwise provided in
(b) Preemption of State or local law
Except as otherwise provided in this chapter, this chapter preempts no State or local law, except that any authority to preempt State or local law vested in any Federal agency or official transferred to the Department pursuant to this chapter shall be transferred to the Department effective on the date of the transfer to the Department of that Federal agency or official.
(
Editorial Notes
References in Text
This chapter, referred to in text, was in the original "this Act", meaning
1 See References in Text note below.
§458. Office of Counternarcotics Enforcement
(a) Office
There is established in the Department an Office of Counternarcotics Enforcement, which shall be headed by a Director appointed by the President.
(b) Assignment of personnel
(1) In general
The Secretary shall assign permanent staff to the Office, consistent with effective management of Department resources.
(2) Liaisons
The Secretary shall designate senior employees from each appropriate subdivision of the Department that has significant counternarcotics responsibilities to act as a liaison between that subdivision and the Office of Counternarcotics Enforcement.
(c) Limitation on concurrent employment
The Director of the Office of Counternarcotics Enforcement shall not be employed by, assigned to, or serve as the head of, any other branch of the Federal Government, any State or local government, or any subdivision of the Department other than the Office of Counternarcotics Enforcement.
(d) Responsibilities
The Secretary shall direct the Director of the Office of Counternarcotics Enforcement—
(1) to coordinate policy and operations within the Department, between the Department and other Federal departments and agencies, and between the Department and State and local agencies with respect to stopping the entry of illegal drugs into the United States;
(2) to ensure the adequacy of resources within the Department for stopping the entry of illegal drugs into the United States;
(3) to recommend the appropriate financial and personnel resources necessary to help the Department better fulfill its responsibility to stop the entry of illegal drugs into the United States;
(4) within the Joint Terrorism Task Force construct to track and sever connections between illegal drug trafficking and terrorism; and
(5) to be a representative of the Department on all task forces, committees, or other entities whose purpose is to coordinate the counternarcotics enforcement activities of the Department and other Federal, State or local agencies.
(e) Savings clause
Nothing in this section shall be construed to authorize direct control of the operations conducted by the Directorate of Border and Transportation Security,1 the Coast Guard, or joint terrorism task forces.
(f) Reports to Congress
(1) Annual budget review
The Director of the Office of Counternarcotics Enforcement shall, not later than 30 days after the submission by the President to Congress of any request for expenditures for the Department, submit to the Committees on Appropriations and the authorizing committees of jurisdiction of the House of Representatives and the Senate a review and evaluation of such request. The review and evaluation shall—
(A) identify any request or subpart of any request that affects or may affect the counternarcotics activities of the Department or any of its subdivisions, or that affects the ability of the Department or any subdivision of the Department to meet its responsibility to stop the entry of illegal drugs into the United States;
(B) describe with particularity how such requested funds would be or could be expended in furtherance of counternarcotics activities; and
(C) compare such requests with requests for expenditures and amounts appropriated by Congress in the previous fiscal year.
(2) Evaluation of counternarcotics activities
The Director of the Office of Counternarcotics Enforcement shall, not later than February 1 of each year, submit to the Committees on Appropriations and the authorizing committees of jurisdiction of the House of Representatives and the Senate a review and evaluation of the counternarcotics activities of the Department for the previous fiscal year. The review and evaluation shall—
(A) describe the counternarcotics activities of the Department and each subdivision of the Department (whether individually or in cooperation with other subdivisions of the Department, or in cooperation with other branches of the Federal Government or with State or local agencies), including the methods, procedures, and systems (including computer systems) for collecting, analyzing, sharing, and disseminating information concerning narcotics activity within the Department and between the Department and other Federal, State, and local agencies;
(B) describe the results of those activities, using quantifiable data whenever possible;
(C) state whether those activities were sufficient to meet the responsibility of the Department to stop the entry of illegal drugs into the United States, including a description of the performance measures of effectiveness that were used in making that determination; and
(D) recommend, where appropriate, changes to those activities to improve the performance of the Department in meeting its responsibility to stop the entry of illegal drugs into the United States.
(3) Classified or law enforcement sensitive information
Any content of a review and evaluation described in the reports required in this subsection that involves information classified under criteria established by an Executive order, or whose public disclosure, as determined by the Secretary, would be detrimental to the law enforcement or national security activities of the Department or any other Federal, State, or local agency, shall be presented to Congress separately from the rest of the review and evaluation.
(
Editorial Notes
References in Text
The Directorate of Border and Transportation Security, referred to in subsection (e), was abolished by section 802(g)(2) of
Amendments
2012—Subsec. (a).
2006—Subsec. (c).
Subsecs. (d) to (g).
2004—
"(1) ensure the adequacy of resources within the Department for illicit drug interdiction; and
"(2) serve as the United States Interdiction Coordinator for the Director of National Drug Control Policy."
Statutory Notes and Related Subsidiaries
Effective Date of 2012 Amendment
Amendment by
1 See References in Text note below.
§459. Office of International Affairs
(a) Establishment
There is established within the Office of the Secretary an Office of International Affairs. The Office shall be headed by a Director, who shall be a senior official appointed by the Secretary.
(b) Duties of the Director
The Director shall have the following duties:
(1) To promote information and education exchange with nations friendly to the United States in order to promote sharing of best practices and technologies relating to homeland security. Such exchange shall include the following:
(A) Exchange of information on research and development on homeland security technologies.
(B) Joint training exercises of first responders.
(C) Exchange of expertise on terrorism prevention, response, and crisis management.
(2) To identify areas for homeland security information and training exchange where the United States has a demonstrated weakness and another friendly nation or nations have a demonstrated expertise.
(3) To plan and undertake international conferences, exchange programs, and training activities.
(4) To manage international activities within the Department in coordination with other Federal officials with responsibility for counter-terrorism matters.
(
§460. Prohibition of the Terrorism Information and Prevention System
Any and all activities of the Federal Government to implement the proposed component program of the Citizen Corps known as Operation TIPS (Terrorism Information and Prevention System) are hereby prohibited.
(
§461. Review of pay and benefit plans
Notwithstanding any other provision of this chapter, the Secretary shall, in consultation with the Director of the Office of Personnel Management, review the pay and benefit plans of each agency whose functions are transferred under this chapter to the Department and, within 90 days after November 25, 2002, submit a plan to the President of the Senate and the Speaker of the House of Representatives and the appropriate committees and subcommittees of Congress, for ensuring, to the maximum extent practicable, the elimination of disparities in pay and benefits throughout the Department, especially among law enforcement personnel, that are inconsistent with merit system principles set forth in
(
Editorial Notes
References in Text
This chapter, referred to in text, was in the original "this Act", meaning
§462. Office of National Capital Region Coordination
(a) Establishment
(1) In general
There is established within the Office of the Secretary the Office of National Capital Region Coordination, to oversee and coordinate Federal programs for and relationships with State, local, and regional authorities in the National Capital Region, as defined under
(2) Director
The Office established under paragraph (1) shall be headed by a Director, who shall be appointed by the Secretary.
(3) Cooperation
The Secretary shall cooperate with the Mayor of the District of Columbia, the Governors of Maryland and Virginia, and other State, local, and regional officers in the National Capital Region to integrate the District of Columbia, Maryland, and Virginia into the planning, coordination, and execution of the activities of the Federal Government for the enhancement of domestic preparedness against the consequences of terrorist attacks.
(b) Responsibilities
The Office established under subsection (a)(1) shall—
(1) coordinate the activities of the Department relating to the National Capital Region, including cooperation with the Office for State and Local Government Coordination;
(2) assess, and advocate for, the resources needed by State, local, and regional authorities in the National Capital Region to implement efforts to secure the homeland;
(3) provide State, local, and regional authorities in the National Capital Region with regular information, research, and technical support to assist the efforts of State, local, and regional authorities in the National Capital Region in securing the homeland;
(4) develop a process for receiving meaningful input from State, local, and regional authorities and the private sector in the National Capital Region to assist in the development of the homeland security plans and activities of the Federal Government;
(5) coordinate with Federal agencies in the National Capital Region on terrorism preparedness, to ensure adequate planning, information sharing, training, and execution of the Federal role in domestic preparedness activities;
(6) coordinate with Federal, State, local, and regional agencies, and the private sector in the National Capital Region on terrorism preparedness to ensure adequate planning, information sharing, training, and execution of domestic preparedness activities among these agencies and entities; and
(7) serve as a liaison between the Federal Government and State, local, and regional authorities, and private sector entities in the National Capital Region to facilitate access to Federal grants and other programs.
(c) Annual report
The Office established under subsection (a) shall submit an annual report to Congress that includes—
(1) the identification of the resources required to fully implement homeland security efforts in the National Capital Region;
(2) an assessment of the progress made by the National Capital Region in implementing homeland security efforts; and
(3) recommendations to Congress regarding the additional resources needed to fully implement homeland security efforts in the National Capital Region.
(d) Limitation
Nothing contained in this section shall be construed as limiting the power of State and local governments.
(
Statutory Notes and Related Subsidiaries
Incorporation of Governors of West Virginia and Pennsylvania into Mass Evacuation Planning
§463. Requirement to comply with laws protecting equal employment opportunity and providing whistleblower protections
Nothing in this chapter shall be construed as exempting the Department from requirements applicable with respect to executive agencies—
(1) to provide equal employment protection for employees of the Department (including pursuant to the provisions in
(2) to provide whistleblower protections for employees of the Department (including pursuant to the provisions in section 2302(b)(8) and (9) of such title and the Notification and Federal Employee Antidiscrimination and Retaliation Act of 2002).
(
Editorial Notes
References in Text
This chapter, referred to in introductory provisions, was in the original "this Act", meaning
The Notification and Federal Employee Antidiscrimination and Retaliation Act of 2002, referred to in pars. (1) and (2), is
§464. Federal Law Enforcement Training Centers
(a) Establishment
The Secretary shall maintain in the Department the Federal Law Enforcement Training Centers (FLETC), headed by a Director, who shall report to the Secretary.
(b) Position
The Director shall occupy a career-reserved position within the Senior Executive Service.
(c) Functions of the Director
The Director shall—
(1) develop training goals and establish strategic and tactical organizational program plan and priorities;
(2) provide direction and management for FLETC's training facilities, programs, and support activities while ensuring that organizational program goals and priorities are executed in an effective and efficient manner;
(3) develop homeland security and law enforcement training curricula, including curricula related to domestic preparedness and response to threats or acts of terrorism, for Federal, State, local, tribal, territorial, and international law enforcement and security agencies and private sector security agencies;
(4) monitor progress toward strategic and tactical FLETC plans regarding training curricula, including curricula related to domestic preparedness and response to threats or acts of terrorism, and facilities;
(5) ensure the timely dissemination of homeland security information as necessary to Federal, State, local, tribal, territorial, and international law enforcement and security agencies and the private sector to achieve the training goals for such entities, in accordance with paragraph (1);
(6) carry out delegated acquisition responsibilities in a manner that—
(A) fully complies with—
(i) Federal law;
(ii) the Federal Acquisition Regulation, including requirements regarding agency obligations to contract only with responsible prospective contractors; and
(iii) Department acquisition management directives; and
(B) maximizes opportunities for small business participation;
(7) coordinate and share information with the heads of relevant components and offices on digital learning and training resources, as appropriate;
(8) advise the Secretary on matters relating to executive level policy and program administration of Federal, State, local, tribal, territorial, and international law enforcement and security training activities and private sector security agency training activities, including training activities related to domestic preparedness and response to threats or acts of terrorism;
(9) collaborate with the Secretary and relevant officials at other Federal departments and agencies, as appropriate, to improve international instructional development, training, and technical assistance provided by the Federal Government to foreign law enforcement; and
(10) carry out such other functions as the Secretary determines are appropriate.
(d) Training responsibilities
(1) In general
The Director is authorized to provide training to employees of Federal agencies who are engaged, directly or indirectly, in homeland security operations or Federal law enforcement activities, including such operations or activities related to domestic preparedness and response to threats or acts of terrorism. In carrying out such training, the Director shall—
(A) evaluate best practices of law enforcement training methods and curriculum content to maintain state-of-the-art expertise in adult learning methodology;
(B) provide expertise and technical assistance, including on domestic preparedness and response to threats or acts of terrorism, to Federal, State, local, tribal, territorial, and international law enforcement and security agencies and private sector security agencies; and
(C) maintain a performance evaluation process for students.
(2) Relationship with law enforcement agencies
The Director shall consult with relevant law enforcement and security agencies in the development and delivery of FLETC's training programs.
(3) Training delivery locations
The training required under paragraph (1) may be conducted at FLETC facilities, at appropriate off-site locations, or by distributed learning.
(4) Strategic partnerships
(A) In general
The Director may—
(i) execute strategic partnerships with State and local law enforcement to provide such law enforcement with specific training, including maritime law enforcement training; and
(ii) coordinate with the Director of the Cybersecurity and Infrastructure Security Agency and with private sector stakeholders, including critical infrastructure owners and operators, to provide training pertinent to improving coordination, security, and resiliency of critical infrastructure.
(B) Provision of information
The Director shall provide to the Committee on Homeland Security of the House of Representatives and the Committee on Homeland Security and Governmental Affairs of the Senate, upon request, information on activities undertaken in the previous year pursuant to subparagraph (A).
(5) FLETC details to DHS
The Director may detail employees of FLETC to positions throughout the Department in furtherance of improving the effectiveness and quality of training provided by the Department and, as appropriate, the development of critical departmental programs and initiatives.
(6) Detail of instructors to FLETC
Partner organizations that wish to participate in FLETC training programs shall assign non-reimbursable detailed instructors to FLETC for designated time periods to support all training programs at FLETC, as appropriate. The Director shall determine the number of detailed instructors that is proportional to the number of training hours requested by each partner organization scheduled by FLETC for each fiscal year. If a partner organization is unable to provide a proportional number of detailed instructors, such partner organization shall reimburse FLETC for the salary equivalent for such detailed instructors, as appropriate.
(7) Partner organization expenses requirements
(A) In general
Partner organizations shall be responsible for the following expenses:
(i) Salaries, travel expenses, lodging expenses, and miscellaneous per diem allowances of their personnel attending training courses at FLETC.
(ii) Salaries and travel expenses of instructors and support personnel involved in conducting advanced training at FLETC for partner organization personnel and the cost of expendable supplies and special equipment for such training, unless such supplies and equipment are common to FLETC-conducted training and have been included in FLETC's budget for the applicable fiscal year.
(B) Excess basic and advanced Federal training
All hours of advanced training and hours of basic training provided in excess of the training for which appropriations were made available shall be paid by the partner organizations and provided to FLETC on a reimbursable basis in accordance with
(8) Provision of non-Federal training
(A) In general
The Director is authorized to charge and retain fees that would pay for its actual costs of the training for the following:
(i) State, local, tribal, and territorial law enforcement personnel.
(ii) Foreign law enforcement officials, including provision of such training at the International Law Enforcement Academies wherever established.
(iii) Private sector security officers, participants in the Federal Flight Deck Officer program under
(B) Waiver
The Director may waive the requirement for reimbursement of any cost under this section and shall maintain records regarding the reasons for any requirements so waived.
(9) Reimbursement
The Director is authorized to reimburse travel or other expenses for non-Federal personnel who attend activities related to training sponsored by FLETC, at travel and per diem rates established by the General Services Administration.
(10) Student support
In furtherance of its training mission, the Director is authorized to provide the following support to students:
(A) Athletic and related activities.
(B) Short-term medical services.
(C) Chaplain services.
(11) Authority to hire Federal annuitants
(A) In general
Notwithstanding any other provision of law, the Director is authorized to appoint and maintain, as necessary, Federal annuitants who have expert knowledge and experience to meet the training responsibilities under this subsection.
(B) No reduction in retirement pay
A Federal annuitant employed pursuant to this paragraph shall not be subject to any reduction in pay for annuity allocable to the period of actual employment under the provisions of
(C) Re-employed annuitants
A Federal annuitant employed pursuant to this paragraph shall not be considered an employee for purposes of subchapter III of
(D) Counting
Federal annuitants shall be counted on a full time equivalent basis.
(E) Limitation
No appointment under this paragraph may be made which would result in the displacement of any employee.
(12) Travel for intermittent employees
The Director is authorized to reimburse intermittent Federal employees traveling from outside a commuting distance (to be predetermined by the Director) for travel expenses.
(e) On-FLETC housing
Notwithstanding any other provision of law, individuals attending training at any FLETC facility shall, to the extent practicable and in accordance with FLETC policy, reside in on-FLETC or FLETC-provided housing.
(f) Additional fiscal authorities
In order to further the goals and objectives of FLETC, the Director is authorized to—
(1) expend funds for public awareness and to enhance community support of law enforcement training, including the advertisement of available law enforcement training programs;
(2) accept and use gifts of property, both real and personal, and to accept gifts of services, for purposes that promote the functions of the Director pursuant to subsection (c) and the training responsibilities of the Director under subsection (d);
(3) accept reimbursement from other Federal agencies for the construction or renovation of training and support facilities and the use of equipment and technology on government owned-property; 1
(4) obligate funds in anticipation of reimbursements from agencies receiving training at FLETC, except that total obligations at the end of a fiscal year may not exceed total budgetary resources available at the end of such fiscal year;
(5) in accordance with the purchasing authority provided under
(A) purchase employee and student uniforms; and
(B) purchase and lease passenger motor vehicles, including vehicles for police-type use;
(6) provide room and board for student interns; and
(7) expend funds each fiscal year to honor and memorialize FLETC graduates who have died in the line of duty.
(g) Definitions
In this section:
(1) Basic training
The term "basic training" means the entry-level training required to instill in new Federal law enforcement personnel fundamental knowledge of criminal laws, law enforcement and investigative techniques, laws and rules of evidence, rules of criminal procedure, constitutional rights, search and seizure, and related issues.
(2) Detailed instructors
The term "detailed instructors" means personnel who are assigned to the Federal Law Enforcement Training Centers for a period of time to serve as instructors for the purpose of conducting basic and advanced training.
(3) Director
The term "Director" means the Director of the Federal Law Enforcement Training Centers.
(4) Distributed learning
The term "distributed learning" means education in which students take academic courses by accessing information and communicating with the instructor, from various locations, on an individual basis, over a computer network or via other technologies.
(5) Employee
The term "employee" has the meaning given such term in
(6) Federal agency
The term "Federal agency" means—
(A) an Executive Department as defined in
(B) an independent establishment as defined in
(C) a Government corporation as defined in
(D) the Government Printing Office;
(E) the United States Capitol Police;
(F) the United States Supreme Court Police; and
(G) Government agencies with law enforcement related duties.
(7) Law enforcement personnel
The term "law enforcement personnel" means an individual, including criminal investigators (commonly known as "agents") and uniformed police (commonly known as "officers"), who has statutory authority to search, seize, make arrests, or to carry firearms.
(8) Local
The term "local" means—
(A) of or pertaining to any county, parish, municipality, city, town, township, rural community, unincorporated town or village, local public authority, educational institution, 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, any agency or instrumentality of a local government, or any other political subdivision of a State; and
(B) an Indian tribe or authorized tribal organization, or in Alaska a Native village or Alaska Regional Native Corporation.
(9) Partner organization
The term "partner organization" means any Federal agency participating in FLETC's training programs under a formal memorandum of understanding.
(10) State
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.
(11) Student intern
The term "student intern" means any eligible baccalaureate or graduate degree student participating in FLETC's College Intern Program.
(h) Prohibition on new funding
No funds are authorized to carry out this section. This section shall be carried out using amounts otherwise appropriated or made available for such purpose.
(
Editorial Notes
Amendments
2022—Subsec. (d)(4)(A)(ii).
2018—Subsec. (d)(4)(A)(ii).
2016—
2010—Subsec. (c).
Statutory Notes and Related Subsidiaries
Change of Name
Government Printing Office redesignated Government Publishing Office. See section 1301(b) of
Rule of Construction
Nothing in amendment made by
Standards for Measuring and Assessing the Quality and Effectiveness of Federal Law Enforcement Training
Similar provisions were contained in the following prior appropriation acts:
Annual Outstanding Student Award
Similar provisions were contained in the following prior appropriation acts:
1 So in original. Probably should be "Government-owned property;".
§464a. Repealed. Pub. L. 111–245, §2(b)(2), Sept. 30, 2010, 124 Stat. 2621
Section,
§464b. Staffing accreditation function
In fiscal year 2004 and thereafter, the Center is authorized to accept detailees from other Federal agencies, on a non-reimbursable basis, to staff the accreditation function.
(
Editorial Notes
References in Text
The Center, referred to in text, means the Federal Law Enforcement Training Center.
Codification
Section was enacted as part of the Department of Homeland Security Appropriations Act, 2004, and not as part of the Homeland Security Act of 2002 which comprises this chapter.
Prior Provisions
Similar provisions were contained in the following prior appropriation act:
§464c. Student housing
In fiscal year 2004 and thereafter, students attending training at any Center site shall reside in on-Center or Center-provided housing, insofar as available and in accordance with Center policy.
(
Editorial Notes
References in Text
The Center, referred to in text, means the Federal Law Enforcement Training Center.
Codification
Section was enacted as part of the Department of Homeland Security Appropriations Act, 2004, and not as part of the Homeland Security Act of 2002 which comprises this chapter.
Prior Provisions
Similar provisions were contained in the following prior appropriation acts:
§464d. Additional funds for training
In fiscal year 2004 and thereafter, funds appropriated in this account shall be available, at the discretion of the Director, for the following: training United States Postal Service law enforcement personnel and Postal police officers; State and local government law enforcement training on a space-available basis; training of foreign law enforcement officials on a space-available basis with reimbursement of actual costs to this appropriation, except that reimbursement may be waived by the Secretary for law enforcement training activities in foreign countries undertaken under section 801 of the Antiterrorism and Effective Death Penalty Act of 1996 (
(
Editorial Notes
References in Text
"Funds appropriated in this account", and "this appropriation", referred to in text, mean funds appropriated under the headings "
Section 801 of the Antiterrorism and Effective Death Penalty Act of 1996, referred to in text, is section 801 of
The Center, referred to in text, means the Federal Law Enforcement Training Center.
Codification
Section was enacted as part of the Department of Homeland Security Appropriations Act, 2004, and not as part of the Homeland Security Act of 2002 which comprises this chapter.
Prior Provisions
Similar provisions were contained in the following prior appropriation acts:
§464e. Short-term medical services for students
In fiscal year 2004 and thereafter, the Center is authorized to provide short-term medical services for students undergoing training at the Center.
(
Editorial Notes
References in Text
The Center, referred to in text, means the Federal Law Enforcement Training Center.
Codification
Section was enacted as part of the Department of Homeland Security Appropriations Act, 2004, and not as part of the Homeland Security Act of 2002 which comprises this chapter.
Prior Provisions
Similar provisions were contained in the following prior appropriation acts:
§465. Joint Interagency Task Force
(a) Establishment
The Secretary may establish and operate a permanent Joint Interagency Homeland Security Task Force composed of representatives from military and civilian agencies of the United States Government for the purposes of anticipating terrorist threats against the United States and taking appropriate actions to prevent harm to the United States.
(b) Structure
It is the sense of Congress that the Secretary should model the Joint Interagency Homeland Security Task Force on the approach taken by the Joint Interagency Task Forces for drug interdiction at Key West, Florida and Alameda, California, to the maximum extent feasible and appropriate.
(
§466. Sense of Congress reaffirming the continued importance and applicability of the Posse Comitatus Act
(a) Findings
Congress finds the following:
(1)
(2) Enacted in 1878, the Posse Comitatus Act was expressly intended to prevent United States Marshals, on their own initiative, from calling on the Army for assistance in enforcing Federal law.
(3) The Posse Comitatus Act has served the Nation well in limiting the use of the Armed Forces to enforce the law.
(4) Nevertheless, by its express terms, the Posse Comitatus Act is not a complete barrier to the use of the Armed Forces for a range of domestic purposes, including law enforcement functions, when the use of the Armed Forces is authorized by Act of Congress or the President determines that the use of the Armed Forces is required to fulfill the President's obligations under the Constitution to respond promptly in time of war, insurrection, or other serious emergency.
(5) Existing laws, including
(b) Sense of Congress
Congress reaffirms the continued importance of
(
Editorial Notes
References in Text
The Robert T. Stafford Disaster Relief and Emergency Assistance Act, referred to in subsec. (a)(5), is
This chapter, referred to in subsec. (b), was in the original "this Act", meaning
Amendments
2018—Subsec. (a)(5).
§467. Coordination with the Department of Health and Human Services under the Public Health Service Act
(a) In general
The annual Federal response plan developed by the Department shall be consistent with section 319 of the Public Health Service Act (
(b) Disclosures among relevant agencies
(1) In general
Full disclosure among relevant agencies shall be made in accordance with this subsection.
(2) Public health emergency
During the period in which the Secretary of Health and Human Services has declared the existence of a public health emergency under section 319(a) of the Public Health Service Act (
(3) Potential public health emergency
In cases involving, or potentially involving, a public health emergency, but in which no determination of an emergency by the Secretary of Health and Human Services under section 319(a) of the Public Health Service Act (
(
§468. Preserving Coast Guard mission performance
(a) Definitions
In this section:
(1) Non-homeland security missions
The term "non-homeland security missions" means the following missions of the Coast Guard:
(A) Marine safety.
(B) Search and rescue.
(C) Aids to navigation.
(D) Living marine resources (fisheries law enforcement).
(E) Marine environmental protection.
(F) Ice operations.
(2) Homeland security missions
The term "homeland security missions" means the following missions of the Coast Guard:
(A) Ports, waterways and coastal security.
(B) Drug interdiction.
(C) Migrant interdiction.
(D) Defense readiness.
(E) Other law enforcement.
(b) Transfer
There are transferred to the Department the authorities, functions, personnel, and assets of the Coast Guard, which shall be maintained as a distinct entity within the Department, including the authorities and functions of the Secretary of Transportation relating thereto.
(c) Maintenance of status of functions and assets
Notwithstanding any other provision of this chapter, the authorities, functions, and capabilities of the Coast Guard to perform its missions shall be maintained intact and without significant reduction after the transfer of the Coast Guard to the Department, except as specified in subsequent Acts.
(d) Certain transfers prohibited
No mission, function, or asset (including for purposes of this subsection any ship, aircraft, or helicopter) of the Coast Guard may be diverted to the principal and continuing use of any other organization, unit, or entity of the Department, except for details or assignments that do not reduce the Coast Guard's capability to perform its missions.
(e) Changes to missions
(1) Prohibition
The Secretary may not substantially or significantly reduce the missions of the Coast Guard or the Coast Guard's capability to perform those missions, except as specified in subsequent Acts.
(2) Waiver
The Secretary may waive the restrictions under paragraph (1) for a period of not to exceed 90 days upon a declaration and certification by the Secretary to Congress that a clear, compelling, and immediate need exists for such a waiver. A certification under this paragraph shall include a detailed justification for the declaration and certification, including the reasons and specific information that demonstrate that the Nation and the Coast Guard cannot respond effectively if the restrictions under paragraph (1) are not waived.
(f) Direct reporting to Secretary
Upon the transfer of the Coast Guard to the Department, the Commandant shall report directly to the Secretary without being required to report through any other official of the Department.
(g) Operation as a service in the Navy
None of the conditions and restrictions in this section shall apply when the Coast Guard operates as a service in the Navy under section 3 1 of title 14.
(
Editorial Notes
References in Text
This chapter, referred to in subsec. (c), was in the original "this Act", meaning
Amendments
2018—Subsec. (h).
"(1) analyzes the feasibility of accelerating the rate of procurement in the Coast Guard's Integrated Deepwater System from 20 years to 10 years;
"(2) includes an estimate of additional resources required;
"(3) describes the resulting increased capabilities;
"(4) outlines any increases in the Coast Guard's homeland security readiness;
"(5) describes any increases in operational efficiencies; and
"(6) provides a revised asset phase-in time line."
2014—Subsecs. (f) to (i).
1 See References in Text note below.
§469. Fees for credentialing and background investigations in transportation
(a) Fees
For fiscal year 2004 and thereafter, the Secretary of Homeland Security shall charge reasonable fees for providing credentialing and background investigations in the field of transportation: Provided, That the establishment and collection of fees shall be subject to the following requirements:
(1) such fees, in the aggregate, shall not exceed the costs incurred by the Department of Homeland Security associated with providing the credential or performing the background record checks;
(2) the Secretary shall charge fees in amounts that are reasonably related to the costs of providing services in connection with the activity or item for which the fee is charged;
(3) a fee may not be collected except to the extent such fee will be expended to pay for the costs of conducting or obtaining a criminal history record check and a review of available law enforcement databases and commercial databases and records of other governmental and international agencies; reviewing and adjudicating requests for waiver and appeals of agency decisions with respect to providing the credential, performing the background record check, and denying requests for waiver and appeals; and any other costs related to providing the credential or performing the background record check; and
(4) any fee collected shall be available for expenditure only to pay the costs incurred in providing services in connection with the activity or item for which the fee is charged and shall remain available until expended.
(b) Recurrent training of aliens in operation of aircraft
(1) Process for reviewing threat assessments
Notwithstanding
(2) Interruption of training
If the Secretary determines, in carrying out the process established under paragraph (1), that an alien is a present risk to aviation or national security, the Secretary shall immediately notify the person providing the training of the determination and that person shall not provide the training or if such training has commenced that person shall immediately terminate the training.
(3) Fees
The Secretary may charge reasonable fees under subsection (a) for providing credentialing and background investigations for aliens in connection with the process for recurrent training established under paragraph (1). Such fees shall be promulgated by notice in the Federal Register.
(
Editorial Notes
Codification
Section was enacted as part of the Department of Homeland Security Appropriations Act, 2004, and not as part of the Homeland Security Act of 2002 which comprises this chapter.
Amendments
2008—
§469a. Collection of fees from non-Federal participants in meetings
For fiscal year 2010 and thereafter, the Secretary of Homeland Security may collect fees from any non-Federal participant in a conference, seminar, exhibition, symposium, or similar meeting conducted by the Department of Homeland Security in advance of the conference, either directly or by contract, and those fees shall be credited to the appropriation or account from which the costs of the conference, seminar, exhibition, symposium, or similar meeting are paid and shall be available to pay the costs of the Department of Homeland Security with respect to the conference or to reimburse the Department for costs incurred with respect to the conference: Provided, That in the event the total amount of fees collected with respect to a conference exceeds the actual costs of the Department of Homeland Security with respect to the conference, the amount of such excess shall be deposited into the Treasury as miscellaneous receipts: Provided further, That the Secretary shall provide a report to the Committees on Appropriations of the Senate and the House of Representatives not later than January 5, 2011, providing the level of collections and a summary by agency of the purposes and levels of expenditures for the prior fiscal year,.1
(
Editorial Notes
Codification
Section was enacted as part of the Department of Homeland Security Appropriations Act, 2010, and not as part of the Homeland Security Act of 2002 which comprises this chapter.
Amendments
2015—
§470. Disclosures regarding homeland security grants
(a) Definitions
In this section:
(1) Homeland security grant
The term "homeland security grant" means any grant made or administered by the Department, including—
(A) the State Homeland Security Grant Program;
(B) the Urban Area Security Initiative Grant Program;
(C) the Law Enforcement Terrorism Prevention Program;
(D) the Citizen Corps; and
(E) the Metropolitan Medical Response System.
(2) Local government
The term "local government" has the meaning given the term in
(b) Required disclosures
Each State or local government that receives a homeland security grant shall, not later than 12 months after the later of October 13, 2006, and the date of receipt of such grant, and every 12 months thereafter until all funds provided under such grant are expended, submit a report to the Secretary that contains a list of all expenditures made by such State or local government using funds from such grant.
(
Editorial Notes
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.
Statutory Notes and Related Subsidiaries
Definitions
For definitions of "Department" and "Secretary" as used in this section, see
§471. Annual ammunition report
(a) The Secretary of Homeland Security shall submit to Congress, 180 days after January 17, 2014, and annually thereafter beginning with the submission of the President's budget proposal for fiscal year 2016 pursuant to
(1) the quantity of ammunition in inventory at the end of the preceding calendar year, and the amount of ammunition expended and purchased, subdivided by ammunition type, during the year for each relevant component or agency in the Department of Homeland Security;
(2) a description of how such quantity, usage, and purchase aligns to each component or agency's mission requirements for certification, qualification, training, and operations; and
(3) details on all contracting practices applied by the Department of Homeland Security, including comparative details regarding other contracting options with respect to cost and availability.
(b) The reports required by subsection (a) shall be submitted in an appropriate format in order to ensure the safety of law enforcement personnel.
(
Editorial Notes
Codification
Section was enacted as part of the appropriation act cited in the credit of this section, and not as part of the Homeland Security Act of 2002 which comprises this chapter.
§472. Annual weaponry report
(a) The Secretary of Homeland Security shall submit to the Congress, not later than 180 days after March 4, 2015, and annually thereafter, beginning at the time the President's budget proposal for fiscal year 2017 is submitted pursuant to
(1) the quantity of weapons in inventory at the end of the preceding calendar year, and the amount of weapons, subdivided by weapon type, included in the budget request for each relevant component or agency in the Department of Homeland Security;
(2) a description of how such quantity and purchase aligns to each component or agency's mission requirements for certification, qualification, training, and operations; and
(3) details on all contracting practices applied by the Department of Homeland Security, including comparative details regarding other contracting options with respect to cost and availability.
(b) The reports required by subsection (a) shall be submitted in an appropriate format in order to ensure the safety of law enforcement personnel.
(
Editorial Notes
Codification
Section was enacted as part of the appropriation act cited in the credit of this section, and not as part of the Homeland Security Act of 2002 which comprises this chapter.
§473. Cyber Crimes Center, Child Exploitation Investigations Unit, Computer Forensics Unit, and Cyber Crimes Unit
(a) Cyber Crimes Center
(1) In general
The Secretary shall operate, within United States Immigration and Customs Enforcement, Homeland Security Investigations, a Cyber Crimes Center (referred to in this section as the "Center").
(2) Purpose
The Center shall provide investigative assistance, training, and equipment to support domestic and international investigations of cyber-related crimes by the Department.
(b) Child Exploitation Investigations Unit
(1) In general
The Secretary shall operate, within the Center, a Child Exploitation Investigations Unit (referred to in this subsection as the "CEIU").
(2) Functions
The CEIU—
(A) shall coordinate all United States Immigration and Customs Enforcement child exploitation initiatives, including investigations into—
(i) child exploitation;
(ii) child pornography;
(iii) child victim identification;
(iv) traveling child sex offenders; and
(v) forced child labor, including the sexual exploitation of minors;
(B) shall, among other things, focus on—
(i) child exploitation prevention;
(ii) investigative capacity building;
(iii) enforcement operations; and
(iv) training for Federal, State, local, tribal, and foreign law enforcement agency personnel, upon request;
(C) shall provide training, technical expertise, support, or coordination of child exploitation investigations, as needed, to cooperating law enforcement agencies and personnel, which shall include participating in training for Homeland Security Investigations personnel conducted by Internet Crimes Against Children Task Forces;
(D) shall provide psychological support and counseling services for United States Immigration and Customs Enforcement personnel engaged in child exploitation prevention initiatives, including making available other existing services to assist employees who are exposed to child exploitation material during investigations;
(E) is authorized to collaborate with the Department of Defense and the National Association to Protect Children for the purpose of the recruiting, training, equipping and hiring of wounded, ill, and injured veterans and transitioning service members, through the Human Exploitation Rescue Operative (HERO) Child Rescue Corps program 1; and
(F) shall collaborate with other governmental, nongovernmental, and nonprofit entities approved by the Secretary for the sponsorship of, and participation in, outreach and training activities.
(3) Data collection
The CEIU shall collect and maintain data concerning—
(A) the total number of suspects identified by United States Immigration and Customs Enforcement;
(B) the number of arrests by United States Immigration and Customs Enforcement in child exploitation investigations, disaggregated by type, including—
(i) the number of child victims identified through investigations carried out by United States Immigration and Customs Enforcement; and
(ii) the number of suspects arrested who were in positions of trust or authority over children;
(C) the number of child exploitation cases opened for investigation by United States Immigration and Customs Enforcement; and
(D) the number of child exploitation cases resulting in a Federal, State, foreign, or military prosecution.
(4) Availability of data to Congress
In addition to submitting the reports required under paragraph (7), the CEIU shall make the data collected and maintained under paragraph (3) available to the committees of Congress described in paragraph (7).
(5) Cooperative agreements
The CEIU is authorized to enter into cooperative agreements to accomplish the functions set forth in paragraphs (2) and (3).
(6) Acceptance of gifts
(A) In general
The Secretary is authorized to accept monies and in-kind donations from the Virtual Global Taskforce, national laboratories, Federal agencies, not-for-profit organizations, and educational institutions to create and expand public awareness campaigns in support of the functions of the CEIU.
(B) Exemption from Federal Acquisition Regulation
Gifts authorized under subparagraph (A) shall not be subject to the Federal Acquisition Regulation for competition when the services provided by the entities referred to in such subparagraph are donated or of minimal cost to the Department.
(7) Reports
Not later than 1 year after May 29, 2015, and annually for the following 4 years, the CEIU shall—
(A) submit a report containing a summary of the data collected pursuant to paragraph (3) during the previous year to—
(i) the Committee on Homeland Security and Governmental Affairs of the Senate;
(ii) the Committee on the Judiciary of the Senate;
(iii) the Committee on Appropriations of the Senate;
(iv) the Committee on Homeland Security of the House of Representatives;
(v) the Committee on the Judiciary of the House of Representatives; and
(vi) the Committee on Appropriations of the House of Representatives; and
(B) make a copy of each report submitted under subparagraph (A) publicly available on the website of the Department.
(c) Computer Forensics Unit
(1) In general
The Secretary shall operate, within the Center, a Computer Forensics Unit (referred to in this subsection as the "CFU").
(2) Functions
The CFU—
(A) shall provide training and technical support in digital forensics and administer the Digital Forensics and Document and Media Exploitation program to—
(i) United States Immigration and Customs Enforcement personnel; and
(ii) Federal, State, local, tribal, military, and foreign law enforcement agency personnel engaged in the investigation of crimes within their respective jurisdictions, upon request and subject to the availability of funds;
(B) shall provide computer hardware, software, and forensic licenses for all computer forensics personnel within United States Immigration and Customs Enforcement;
(C) shall participate in research and development in the area of digital forensics and emerging technologies, in coordination with appropriate components of the Department; and
(D) is authorized to collaborate with the Department of Defense, the National Association to Protect Children, and other governmental entities for the purpose of recruiting, training, equipping, and hiring wounded, ill, and injured veterans and transitioning service members, through the Human Exploitation Rescue Operative (HERO) Child Rescue Corps program 1.
(3) Cooperative agreements
The CFU is authorized to enter into cooperative agreements to accomplish the functions set forth in paragraph (2).
(4) Acceptance of gifts
(A) In general
The Secretary is authorized to accept monies and in-kind donations from the Virtual Global Task Force, national laboratories, Federal agencies, not-for-profit organizations, and educational institutions to create and expand public awareness campaigns in support of the functions of the CFU.
(B) Exemption from Federal Acquisition Regulation
Gifts authorized under subparagraph (A) shall not be subject to the Federal Acquisition Regulation for competition when the services provided by the entities referred to in such subparagraph are donated or of minimal cost to the Department.
(d) Cyber Crimes Unit
(1) In general
The Secretary shall operate, within the Center, a Cyber Crimes Unit (referred to in this subsection as the "CCU").
(2) Functions
The CCU—
(A) shall oversee the cyber security strategy and cyber-related operations and programs for United States Immigration and Customs Enforcement;
(B) shall enhance United States Immigration and Customs Enforcement's ability to combat criminal enterprises operating on or through the Internet, with specific focus in the areas of—
(i) cyber economic crime;
(ii) digital theft of intellectual property;
(iii) illicit e-commerce (including hidden marketplaces);
(iv) Internet-facilitated proliferation of arms and strategic technology; and
(v) cyber-enabled smuggling and money laundering;
(C) shall provide training and technical support in cyber investigations to—
(i) United States Immigration and Customs Enforcement personnel; and
(ii) Federal, State, local, tribal, military, and foreign law enforcement agency personnel engaged in the investigation of crimes within their respective jurisdictions, upon request and subject to the availability of funds;
(D) shall participate in research and development in the area of cyber investigations, in coordination with appropriate components of the Department; and
(E) is authorized to recruit participants of the Human Exploitation Rescue Operative (HERO) Child Rescue Corps program 1 for investigative and forensic positions in support of the functions of the CCU.
(3) Cooperative agreements
The CCU is authorized to enter into cooperative agreements to accomplish the functions set forth in paragraph (2).
(e) HERO Child-Rescue Corps 2
(1) Establishment
(A) In general
There is established within the Center a Human Exploitation Rescue Operation 3 Child-Rescue Corps Program (referred to in this section as the "HERO Child-Rescue Corps Program"), which shall be a Department-wide program, in collaboration with the Department of Defense and the National Association to Protect Children.
(B) Private sector collaboration
As part of the HERO Child-Rescue Corps Program, the National Association to Protect Children shall provide logistical support for program participants.
(2) Purpose
The purpose of the HERO Child-Rescue Corps Program shall be to recruit, train, equip, and employ members of the Armed Forces on active duty and wounded, ill, and injured veterans to combat and prevent child exploitation, including in investigative, intelligence, analyst, inspection, and forensic positions or any other positions determined appropriate by the employing agency.
(3) Functions
The HERO Child-Rescue Program shall—
(A) provide, recruit, train, and equip participants of the Program in the areas of digital forensics, investigation, analysis, intelligence, and victim identification, as determined by the Center and the needs of the Department; and
(B) ensure that during the internship period, participants of the Program are assigned to investigate and analyze—
(i) child exploitation;
(ii) child pornography;
(iii) unidentified child victims;
(iv) human trafficking;
(v) traveling child sex offenders; and
(vi) forced child labor, including the sexual exploitation of minors.
(f) Paid internship and hiring program
(1) In general
The Secretary shall establish a paid internship and hiring program for the purpose of placing participants of the HERO Child-Rescue Corps Program (in this subsection referred to as "participants") into paid internship positions, for the subsequent appointment of the participants to permanent positions, as described in the guidelines promulgated under paragraph (3).
(2) Internship positions
Under the paid internship and hiring program required to be established under paragraph (1), the Secretary shall assign or detail participants to positions within United States Immigration and Customs Enforcement or any other Federal agency in accordance with the guidelines promulgated under paragraph (3).
(3) Placement
(A) In general
The Secretary shall promulgate guidelines for assigning or detailing participants to positions within United States Immigration and Customs Enforcement and other Federal agencies, which shall include requirements for internship duties and agreements regarding the subsequent appointment of the participants to permanent positions.
(B) Preference
The Secretary shall give a preference to Homeland Security Investigations in assignments or details under the guidelines promulgated under subparagraph (A).
(4) Term of internship
An appointment to an internship position under this subsection shall be for a term not to exceed 12 months.
(5) Rate and term of pay
After completion of initial group training and upon beginning work at an assigned office, a participant appointed to an internship position under this subsection who is not receiving monthly basic pay as a member of the Armed Forces on active duty shall receive compensation at a rate that is—
(A) not less than the minimum rate of basic pay payable for a position at level GS–5 of the General Schedule; and
(B) not more than the maximum rate of basic pay payable for a position at level GS–7 of the General Schedule.
(6) Eligibility
In establishing the paid internship and hiring program required under paragraph (1), the Secretary shall ensure that the eligibility requirements for participation in the internship program are the same as the eligibility requirements for participation in the HERO Child-Rescue Corps Program.
(7) Hero Corps hiring
The Secretary shall establish within Homeland Security Investigations positions, which shall be in addition to any positions in existence on December 21, 2019, for the hiring and permanent employment of graduates of the paid internship program required to be established under paragraph (1).
(g) Authorization of appropriations
(1) In general
There are authorized to be appropriated to the Secretary such sums as are necessary to carry out this section.
(2) Allocation
Of the amount made available pursuant to paragraph (1) in each of fiscal years 2022 through 2027, not more than $10,000,000 shall be used to carry out subsection (e) and not less than $2,000,000 shall be used to carry out subsection (f).
(
Editorial Notes
Amendments
2023—Subsec. (g)(2).
2018—Subsec. (a)(1).
Subsec. (a)(2).
Subsec. (b)(2)(C).
Subsec. (b)(3)(B).
Subsec. (b)(3)(B)(i).
Subsec. (b)(3)(C), (D).
Subsec. (c)(2)(A).
Subsec. (c)(2)(C).
Subsec. (c)(2)(D).
Subsecs. (e), (f).
Subsec. (g).
Statutory Notes and Related Subsidiaries
Findings
"(1) The illegal market for the production and distribution of child abuse imagery is a growing threat to children in the United States. International demand for this material creates a powerful incentive for the rape, abuse, and torture of children within the United States.
"(2) The targeting of United States children by international criminal networks is a threat to the homeland security of the United States. This threat must be fought with trained personnel and highly specialized counter-child-exploitation strategies and technologies.
"(3) The United States Immigration and Customs Enforcement of the Department of Homeland Security serves a critical national security role in protecting the United States from the growing international threat of child exploitation and human trafficking.
"(4) The Cyber Crimes Center of the United States Immigration and Customs Enforcement is a vital national resource in the effort to combat international child exploitation, providing advanced expertise and assistance in investigations, computer forensics, and victim identification.
"(5) The returning military heroes of the United States possess unique and valuable skills that can assist law enforcement in combating global sexual and child exploitation, and the Department of Homeland Security should use this national resource to the maximum extent possible.
"(6) Through the Human Exploitation Rescue Operative (HERO) Child Rescue Corps program, the returning military heroes of the United States are trained and hired to investigate crimes of child exploitation in order to target predators and rescue children from sexual abuse and slavery."
1 So in original. Probably should be "Program".
2 So in original. "Program" probably should be inserted at end of heading.
3 So in original. Probably should be "Operative".
§474. Homeland security critical domain research and development
(a) In general
(1) Research and development
The Secretary is authorized to conduct research and development to—
(A) identify United States critical domains for economic security and homeland security; and
(B) evaluate the extent to which disruption, corruption, exploitation, or dysfunction of any of such domain poses a substantial threat to homeland security.
(2) Requirements
(A) Risk analysis of critical domains
The research under paragraph (1) shall include a risk analysis of each identified United States critical domain for economic security to determine the degree to which there exists a present or future threat to homeland security in the event of disruption, corruption, exploitation, or dysfunction to such domain. Such research shall consider, to the extent possible, the following:
(i) The vulnerability and resilience of relevant supply chains.
(ii) Foreign production, processing, and manufacturing methods.
(iii) Influence of malign economic actors.
(iv) Asset ownership.
(v) Relationships within the supply chains of such domains.
(vi) The degree to which the conditions referred to in clauses (i) through (v) would place such a domain at risk of disruption, corruption, exploitation, or dysfunction.
(B) Additional research into high-risk critical domains
Based on the identification and risk analysis of United States critical domains for economic security pursuant to paragraph (1) and subparagraph (A) of this paragraph, respectively, the Secretary may conduct additional research into those critical domains, or specific elements thereof, with respect to which there exists the highest degree of a present or future threat to homeland security in the event of disruption, corruption, exploitation, or dysfunction to such a domain. For each such high-risk domain, or element thereof, such research shall—
(i) describe the underlying infrastructure and processes;
(ii) analyze present and projected performance of industries that comprise or support such domain;
(iii) examine the extent to which the supply chain of a product or service necessary to such domain is concentrated, either through a small number of sources, or if multiple sources are concentrated in one geographic area;
(iv) examine the extent to which the demand for supplies of goods and services of such industries can be fulfilled by present and projected performance of other industries, identify strategies, plans, and potential barriers to expand the supplier industrial base, and identify the barriers to the participation of such other industries;
(v) consider each such domain's performance capacities in stable economic environments, adversarial supply conditions, and under crisis economic constraints;
(vi) identify and define needs and requirements to establish supply resiliency within each such domain; and
(vii) consider the effects of sector consolidation, including foreign consolidation, either through mergers or acquisitions, or due to recent geographic realignment, on such industries' performances.
(3) Consultation
In conducting the research under paragraph (1) and subparagraph (B) of paragraph (2), the Secretary may consult with appropriate Federal agencies, State agencies, and private sector stakeholders.
(4) Publication
Beginning one year after December 27, 2021, the Secretary shall publish a report containing information relating to the research under paragraph (1) and subparagraph (B) of paragraph (2), including findings, evidence, analysis, and recommendations. Such report shall be updated annually through 2026.
(b) Submission to Congress
Not later than 90 days after the publication of each report required under paragraph (4) of subsection (a), the Secretary shall transmit to the Committee on Homeland Security of the House of Representatives and the Committee on Homeland Security and Governmental Affairs of the Senate each such report, together with a description of actions the Secretary, in consultation with appropriate Federal agencies, will undertake or has undertaken in response to each such report.
(c) Definitions
In this section:
(1) United states critical domains for economic security
The term "United States critical domains for economic security" means the critical infrastructure and other associated industries, technologies, and intellectual property, or any combination thereof, that are essential to the economic security of the United States.
(2) Economic security
The term "economic security" means the condition of having secure and resilient domestic production capacity, combined with reliable access to the global resources necessary to maintain an acceptable standard of living and to protect core national values.
(d) Authorization of appropriations
There is authorized to be appropriated $1,000,000 for each of fiscal years 2022 through 2026 to carry out this section.
(
§475. Transnational Criminal Investigative Units
(a) In general
The Secretary, with the concurrence of the Secretary of State, shall operate Transnational Criminal Investigative Units within Homeland Security Investigations.
(b) Composition
Each Transnational Criminal Investigative Unit shall be composed of trained foreign law enforcement officials who shall collaborate with Homeland Security Investigations to investigate and prosecute individuals involved in transnational criminal activity.
(c) Vetting requirement
(1) In general
Before entry into a Transnational Criminal Investigative Unit, and at periodic intervals while serving in such a unit, foreign law enforcement officials shall be required to pass certain security evaluations, which may include a background check, a polygraph examination, a urinalysis test, or other measures that the Secretary determines to be appropriate.
(2) Leahy vetting required
No member of a foreign law enforcement unit may join a Transnational Criminal Investigative Unit if the Secretary, in coordination with the Secretary of State, has credible information that such foreign law enforcement unit has committed a gross violation of human rights, consistent with the limitations set forth in
(3) Approval and concurrence
The establishment and continued support of the Transnational Criminal Investigative Units who are assigned under paragraph (1)—
(A) shall be performed with the approval of the chief of mission to the foreign country to which the personnel are assigned;
(B) shall be consistent with the duties and powers of the Secretary of State and the chief of mission for a foreign country under
(C) shall not be established without the concurrence of the Assistant Secretary of State for International Narcotics and Law Enforcement Affairs.
(4) Report
The Executive Associate Director of Homeland Security Investigations shall submit a report to the Committee on Foreign Relations of the Senate, the Committee on Homeland Security and Governmental Affairs of the Senate, the Committee on the Judiciary of the Senate, the Committee on Foreign Affairs of the House of Representatives, the Committee on Homeland Security of the House of Representatives, and the Committee on the Judiciary of the House of Representatives that describes—
(A) the procedures used for vetting Transnational Criminal Investigative Unit members to include compliance with the vetting required under this subsection; and
(B) any additional measures that should be implemented to prevent personnel in vetted units from being compromised by criminal organizations.
(d) Monetary stipend
The Executive Associate Director of Homeland Security Investigations is authorized to pay vetted members of a Transnational Criminal Investigative Unit a monetary stipend in an amount associated with their duties dedicated to unit activities.
(e) Annual briefing
The Executive Associate Director of Homeland Security Investigations, during the 5-year period beginning on December 23, 2022, shall provide an annual unclassified briefing to the congressional committees referred to in subsection (c)(4), which may include a classified session, if necessary, that identifies—
(1) the number of vetted members of Transnational Criminal Investigative Unit in each country;
(2) the amount paid in stipends to such members, disaggregated by country;
(3) relevant enforcement statistics, such as arrests and progress made on joint investigations, in each such country; and
(4) whether any vetted members of the Transnational Criminal Investigative Unit in each country were involved in any unlawful activity, including human rights abuses or significant acts of corruption.
(
§475a. Mentor-protégé program
(a) Establishment
There is established in the Department a mentor-protégé program (in this section referred to as the "Program") under which a mentor firm enters into an agreement with a protégé firm for the purpose of assisting the protégé firm to compete for prime contracts and subcontracts of the Department.
(b) Eligibility
The Secretary shall establish criteria for mentor firms and protégé firms to be eligible to participate in the Program, including a requirement that a firm is not included on any list maintained by the Federal Government of contractors that have been suspended or debarred.
(c) Program application and approval
(1) Application
The Secretary, acting through the Office of Small and Disadvantaged Business Utilization of the Department, shall establish a process for submission of an application jointly by a mentor firm and the protégé firm selected by the mentor firm. The application shall include each of the following:
(A) A description of the assistance to be provided by the mentor firm, including, to the extent available, the number and a brief description of each anticipated subcontract to be awarded to the protégé firm.
(B) A schedule with milestones for achieving the assistance to be provided over the period of participation in the Program.
(C) An estimate of the costs to be incurred by the mentor firm for providing assistance under the Program.
(D) Attestations that Program participants will submit to the Secretary reports at times specified by the Secretary to assist the Secretary in evaluating the protégé firm's developmental progress.
(E) Attestations that Program participants will inform the Secretary in the event of a change in eligibility or voluntary withdrawal from the Program.
(2) Approval
Not later than 60 days after receipt of an application pursuant to paragraph (1), the head of the Office of Small and Disadvantaged Business Utilization shall notify applicants of approval or, in the case of disapproval, the process for resubmitting an application for reconsideration.
(3) Rescission
The head of the Office of Small and Disadvantaged Business Utilization may rescind the approval of an application under this subsection if it determines that such action is in the best interest of the Department.
(d) Program duration
A mentor firm and protégé firm approved under subsection (c) shall enter into an agreement to participate in the Program for a period of not less than 36 months.
(e) Program benefits
A mentor firm and protégé firm that enter into an agreement under subsection (d) may receive the following Program benefits:
(1) With respect to an award of a contract that requires a subcontracting plan, a mentor firm may receive evaluation credit for participating in the Program.
(2) With respect to an award of a contract that requires a subcontracting plan, a mentor firm may receive credit for a protégé firm performing as a first tier subcontractor or a subcontractor at any tier in an amount equal to the total dollar value of any subcontracts awarded to such protégé firm.
(3) A protégé firm may receive technical, managerial, financial, or any other mutually agreed upon benefit from a mentor firm, including a subcontract award.
(f) Reporting
Not later than one year after December 23, 2022, and annually thereafter, the head of the Office of Small and Disadvantaged Business Utilization shall submit to the Committee on Homeland Security and Governmental Affairs and the Committee on Small Business and Entrepreneurship of the Senate and the Committee on Homeland Security and the Committee on Small Business of the House of Representatives a report that—
(1) identifies each agreement between a mentor firm and a protégé firm entered into under this section, including the number of protégé firm participants that are—
(A) small business concerns;
(B) small business concerns owned and controlled by veterans;
(C) small business concerns owned and controlled by service-disabled veterans;
(D) qualified HUBZone small business concerns;
(E) small business concerns owned and controlled by socially and economically disadvantaged individuals;
(F) small business concerns owned and controlled by women;
(G) historically Black colleges and universities; and
(H) minority-serving institutions;
(2) describes the type of assistance provided by mentor firms to protégé firms;
(3) identifies contracts within the Department in which a mentor firm serving as the prime contractor provided subcontracts to a protégé firm under the Program; and
(4) assesses the degree to which there has been—
(A) an increase in the technical capabilities of protégé firms; and
(B) an increase in the quantity and estimated value of prime contract and subcontract awards to protégé firms for the period covered by the report.
(g) Rule of construction
Nothing in this section may be construed to limit, diminish, impair, or otherwise affect the authority of the Department to participate in any program carried out by or requiring approval of the Small Business Administration or adopt or follow any regulation or policy that the Administrator of the Small Business Administration may promulgate, except that, to the extent that any provision of this section (including subsection (h)) conflicts with any other provision of law, regulation, or policy, this section shall control.
(h) Definitions
In this section:
(1) Historically Black college or university
The term "historically Black college or university" has the meaning given the term "part B institution" in
(2) Mentor firm
The term "mentor firm" means a for-profit business concern that is not a small business concern that—
(A) has the ability to assist and commits to assisting a protégé to compete for Federal prime contracts and subcontracts; and
(B) satisfies any other requirements imposed by the Secretary.
(3) Minority-serving institution
The term "minority-serving institution" means an institution of higher education described in
(4) Protégé firm
The term "protégé firm" means a small business concern, a historically Black college or university, or a minority-serving institution that—
(A) is eligible to enter into a prime contract or subcontract with the Department; and
(B) satisfies any other requirements imposed by the Secretary.
(5) Small Business Act definitions
The terms "small business concern", "small business concern owned and controlled by veterans", "small business concern owned and controlled by service-disabled veterans", "qualified HUBZone small business concern", "and small 2 business concern owned and controlled by women" have the meanings given such terms, respectively, under
(
Editorial Notes
References in Text
1 See References in Text note below.
2 So in original. The opening quotation marks preceding "and" probably should precede "small".
Part I—Information Sharing
§481. Short title; findings; and sense of Congress
(a) Short title
This part may be cited as the "Homeland Security Information Sharing Act".
(b) Findings
Congress finds the following:
(1) The Federal Government is required by the Constitution to provide for the common defense, which includes terrorist attack.
(2) The Federal Government relies on State and local personnel to protect against terrorist attack.
(3) The Federal Government collects, creates, manages, and protects classified and sensitive but unclassified information to enhance homeland security.
(4) Some homeland security information is needed by the State and local personnel to prevent and prepare for terrorist attack.
(5) The needs of State and local personnel to have access to relevant homeland security information to combat terrorism must be reconciled with the need to preserve the protected status of such information and to protect the sources and methods used to acquire such information.
(6) Granting security clearances to certain State and local personnel is one way to facilitate the sharing of information regarding specific terrorist threats among Federal, State, and local levels of government.
(7) Methods exist to declassify, redact, or otherwise adapt classified information so it may be shared with State and local personnel without the need for granting additional security clearances.
(8) State and local personnel have capabilities and opportunities to gather information on suspicious activities and terrorist threats not possessed by Federal agencies.
(9) The Federal Government and State and local governments and agencies in other jurisdictions may benefit from such information.
(10) Federal, State, and local governments and intelligence, law enforcement, and other emergency preparation and response agencies must act in partnership to maximize the benefits of information gathering and analysis to prevent and respond to terrorist attacks.
(11) Information systems, including the National Law Enforcement Telecommunications System and the Terrorist Threat Warning System, have been established for rapid sharing of classified and sensitive but unclassified information among Federal, State, and local entities.
(12) Increased efforts to share homeland security information should avoid duplicating existing information systems.
(c) Sense of Congress
It is the sense of Congress that Federal, State, and local entities should share homeland security information to the maximum extent practicable, with special emphasis on hard-to-reach urban and rural communities.
(
Editorial Notes
References in Text
This part, referred to in subsec. (a), was in the original "This subtitle", meaning subtitle I (§§891–899) of title VIII of
Statutory Notes and Related Subsidiaries
Reports to Congress
§482. Facilitating homeland security information sharing procedures
(a) Procedures for determining extent of sharing of homeland security information
(1) The President shall prescribe and implement procedures under which relevant Federal agencies—
(A) share relevant and appropriate homeland security information with other Federal agencies, including the Department, and appropriate State and local personnel;
(B) identify and safeguard homeland security information that is sensitive but unclassified; and
(C) to the extent such information is in classified form, determine whether, how, and to what extent to remove classified information, as appropriate, and with which such personnel it may be shared after such information is removed.
(2) The President shall ensure that such procedures apply to all agencies of the Federal Government.
(3) Such procedures shall not change the substantive requirements for the classification and safeguarding of classified information.
(4) Such procedures shall not change the requirements and authorities to protect sources and methods.
(b) Procedures for sharing of homeland security information
(1) Under procedures prescribed by the President, all appropriate agencies, including the intelligence community, shall, through information sharing systems, share homeland security information with Federal agencies and appropriate State and local personnel to the extent such information may be shared, as determined in accordance with subsection (a), together with assessments of the credibility of such information.
(2) Each information sharing system through which information is shared under paragraph (1) shall—
(A) have the capability to transmit unclassified or classified information, though the procedures and recipients for each capability may differ;
(B) have the capability to restrict delivery of information to specified subgroups by geographic location, type of organization, position of a recipient within an organization, or a recipient's need to know such information;
(C) be configured to allow the efficient and effective sharing of information; and
(D) be accessible to appropriate State and local personnel.
(3) The procedures prescribed under paragraph (1) shall establish conditions on the use of information shared under paragraph (1)—
(A) to limit the redissemination of such information to ensure that such information is not used for an unauthorized purpose;
(B) to ensure the security and confidentiality of such information;
(C) to protect the constitutional and statutory rights of any individuals who are subjects of such information; and
(D) to provide data integrity through the timely removal and destruction of obsolete or erroneous names and information.
(4) The procedures prescribed under paragraph (1) shall ensure, to the greatest extent practicable, that the information sharing system through which information is shared under such paragraph include existing information sharing systems, including, but not limited to, the National Law Enforcement Telecommunications System, the Regional Information Sharing System, and the Terrorist Threat Warning System of the Federal Bureau of Investigation.
(5) Each appropriate Federal agency, as determined by the President, shall have access to each information sharing system through which information is shared under paragraph (1), and shall therefore have access to all information, as appropriate, shared under such paragraph.
(6) The procedures prescribed under paragraph (1) shall ensure that appropriate State and local personnel are authorized to use such information sharing systems—
(A) to access information shared with such personnel; and
(B) to share, with others who have access to such information sharing systems, the homeland security information of their own jurisdictions, which shall be marked appropriately as pertaining to potential terrorist activity.
(7) Under procedures prescribed jointly by the Director of Central Intelligence and the Attorney General, each appropriate Federal agency, as determined by the President, shall review and assess the information shared under paragraph (6) and integrate such information with existing intelligence.
(c) Sharing of classified information and sensitive but unclassified information with State and local personnel
(1) The President shall prescribe procedures under which Federal agencies may, to the extent the President considers necessary, share with appropriate State and local personnel homeland security information that remains classified or otherwise protected after the determinations prescribed under the procedures set forth in subsection (a).
(2) It is the sense of Congress that such procedures may include 1 or more of the following means:
(A) Carrying out security clearance investigations with respect to appropriate State and local personnel.
(B) With respect to information that is sensitive but unclassified, entering into nondisclosure agreements with appropriate State and local personnel.
(C) Increased use of information-sharing partnerships that include appropriate State and local personnel, such as the Joint Terrorism Task Forces of the Federal Bureau of Investigation, the Anti-Terrorism Task Forces of the Department of Justice, and regional Terrorism Early Warning Groups.
(3)(A) The Secretary shall establish a program to provide appropriate training to officials described in subparagraph (B) in order to assist such officials in—
(i) identifying sources of potential terrorist threats through such methods as the Secretary determines appropriate;
(ii) reporting information relating to such potential terrorist threats to the appropriate Federal agencies in the appropriate form and manner;
(iii) assuring that all reported information is systematically submitted to and passed on by the Department for use by appropriate Federal agencies; and
(iv) understanding the mission and roles of the intelligence community to promote more effective information sharing among Federal, State, and local officials and representatives of the private sector to prevent terrorist attacks against the United States.
(B) The officials referred to in subparagraph (A) are officials of State and local government agencies and representatives of private sector entities with responsibilities relating to the oversight and management of first responders, counterterrorism activities, or critical infrastructure.
(C) The Secretary shall consult with the Attorney General to ensure that the training program established in subparagraph (A) does not duplicate the training program established in section 908 of the USA PATRIOT Act (
(D) The Secretary shall carry out this paragraph in consultation with the Director of Central Intelligence and the Attorney General.
(d) Responsible officials
For each affected Federal agency, the head of such agency shall designate an official to administer this chapter with respect to such agency.
(e) Federal control of information
Under procedures prescribed under this section, information obtained by a State or local government from a Federal agency under this section shall remain under the control of the Federal agency, and a State or local law authorizing or requiring such a government to disclose information shall not apply to such information.
(f) Definitions
As used in this section:
(1) The term "homeland security information" means any information possessed by a Federal, State, or local agency that—
(A) relates to the threat of terrorist activity;
(B) relates to the ability to prevent, interdict, or disrupt terrorist activity;
(C) would improve the identification or investigation of a suspected terrorist or terrorist organization; or
(D) would improve the response to a terrorist act.
(2) The term "intelligence community" has the meaning given such term in
(3) The term "State and local personnel" means any of the following persons involved in prevention, preparation, or response for terrorist attack:
(A) State Governors, mayors, and other locally elected officials.
(B) State and local law enforcement personnel and firefighters.
(C) Public health and medical professionals.
(D) Regional, State, and local emergency management agency personnel, including State adjutant generals.
(E) Other appropriate emergency response agency personnel.
(F) Employees of private-sector entities that affect critical infrastructure, cyber, economic, or public health security, as designated by the Federal Government in procedures developed pursuant to this section.
(4) The term "State" includes the District of Columbia and any commonwealth, territory, or possession of the United States.
(g) Construction
Nothing in this chapter shall be construed as authorizing any department, bureau, agency, officer, or employee of the Federal Government to request, receive, or transmit to any other Government entity or personnel, or transmit to any State or local entity or personnel otherwise authorized by this chapter to receive homeland security information, any information collected by the Federal Government solely for statistical purposes in violation of any other provision of law relating to the confidentiality of such information.
(
Editorial Notes
References in Text
This chapter, referred to in subsecs. (d) and (g), was in the original "this Act", meaning
Amendments
2003—Subsec. (c)(3).
Statutory Notes and Related Subsidiaries
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
Executive Documents
Ex. Ord. No. 13311. Homeland Security Information Sharing
Ex. Ord. No. 13311, July 29, 2003, 68 F.R. 45149, as amended by Ex. Ord. No. 13388, §8(a), Oct. 25, 2005, 70 F.R. 62025, provided:
By the authority vested in me by the Constitution and the laws of the United States, including sections 892 and 893 of the Homeland Security Act of 2002 (the "Act") (
(b) Subject to section 2(b) of this order, the function of the President under section 893 of the Act is assigned to the Secretary.
(c) Procedures issued by the Secretary in the performance of the function of the President under section 892(a)(1) of the Act shall apply to all agencies of the Federal Government. Such procedures shall specify that the President may make, or may authorize another officer of the United States to make, exceptions to the procedures.
(d) The function of the President under section 892(b)(7) of the Act is delegated to the Attorney General and the Director of National Intelligence, to be exercised jointly.
(e) In performing the functions assigned to the Secretary by subsection (a) of this section, the Secretary shall coordinate with the Secretary of State, the Secretary of Defense, the Attorney General, the Secretary of Energy, the Director of the Office of Management and Budget, the Director of National Intelligence, the Archivist of the United States, and as the Secretary deems appropriate, other officers of the United States.
(f) A determination, under the procedures issued by the Secretary in the performance of the function of the President under section 892(a)(1) of the Act, as to whether, or to what extent, an individual who falls within the category of "State and local personnel" as defined in sections 892(f)(3) and (f)(4) of the Act shall have access to information classified pursuant to [former] Executive Order 12958 of April 17, 1995, as amended, is a discretionary determination and shall be conclusive and not subject to review or appeal.
(a) the authority of the Director of National Intelligence under section 102A(i)(1) of the National Security Act of 1947, as amended (
(b) the functions of the Director of the Office of Management and Budget relating to budget, administrative, or legislative proposals; or
(c) the provisions of Executive Orders 12958 of April 17, 1995 [former
George W. Bush.
§483. Report
(a) Report required
Not later than 12 months after November 25, 2002, the President shall submit to the congressional committees specified in subsection (b) a report on the implementation of
(b) Specified congressional committees
The congressional committees referred to in subsection (a) are the following committees:
(1) The Permanent Select Committee on Intelligence and the Committee on the Judiciary of the House of Representatives.
(2) The Select Committee on Intelligence and the Committee on the Judiciary of the Senate.
(
Executive Documents
Delegation of Functions
For assignment of function of President under this section, subject to certain limitations, to Secretary of Homeland Security, see Ex. Ord. No. 13311, §1(b), July 29, 2003, 68 F.R. 45149, set out as a note under
§484. Authorization of appropriations
There are authorized to be appropriated such sums as may be necessary to carry out
(
§484a. Reciprocal information sharing
Acting in accordance with a bilateral or multilateral arrangement, the Secretary, in the Secretary's discretion and on the basis of reciprocity, may provide information from the National Sex Offender Registry relating to a conviction for a sex offense against a minor (as such terms are defined in
(
Editorial Notes
Prior Provisions
A prior section 895 of
§485. Information sharing
(a) Definitions
In this section:
(1) Homeland security information
The term "homeland security information" has the meaning given that term in
(2) Information Sharing Council
The term "Information Sharing Council" means the Information Systems Council established by Executive Order 13356, or any successor body designated by the President, and referred to under subsection (g).
(3) Information sharing environment
The terms "information sharing environment" and "ISE" mean an approach that facilitates the sharing of terrorism and homeland security information, which may include any method determined necessary and appropriate for carrying out this section.
(4) Program manager
The term "program manager" means the program manager designated under subsection (f).
(5) Terrorism information
The term "terrorism information"—
(A) means all information, whether collected, produced, or distributed by intelligence, law enforcement, military, homeland security, or other activities relating to—
(i) the existence, organization, capabilities, plans, intentions, vulnerabilities, means of finance or material support, or activities of foreign or international terrorist groups or individuals, or of domestic groups or individuals involved in transnational terrorism;
(ii) threats posed by such groups or individuals to the United States, United States persons, or United States interests, or to those of other nations;
(iii) communications of or by such groups or individuals; or
(iv) groups or individuals reasonably believed to be assisting or associated with such groups or individuals; and
(B) includes weapons of mass destruction information.
(6) Weapons of mass destruction information
The term "weapons of mass destruction information" means information that could reasonably be expected to assist in the development, proliferation, or use of a weapon of mass destruction (including a chemical, biological, radiological, or nuclear weapon) that could be used by a terrorist or a terrorist organization against the United States, including information about the location of any stockpile of nuclear materials that could be exploited for use in such a weapon that could be used by a terrorist or a terrorist organization against the United States.
(b) Information sharing environment
(1) Establishment
The President shall—
(A) create an information sharing environment for the sharing of terrorism information in a manner consistent with national security and with applicable legal standards relating to privacy and civil liberties;
(B) designate the organizational and management structures that will be used to operate and manage the ISE; and
(C) determine and enforce the policies, directives, and rules that will govern the content and usage of the ISE.
(2) Attributes
The President shall, through the structures described in subparagraphs (B) and (C) of paragraph (1), ensure that the ISE provides and facilitates the means for sharing terrorism information among all appropriate Federal, State, local, and tribal entities, and the private sector through the use of policy guidelines and technologies. The President shall, to the greatest extent practicable, ensure that the ISE provides the functional equivalent of, or otherwise supports, a decentralized, distributed, and coordinated environment that—
(A) connects existing systems, where appropriate, provides no single points of failure, and allows users to share information among agencies, between levels of government, and, as appropriate, with the private sector;
(B) ensures direct and continuous online electronic access to information;
(C) facilitates the availability of information in a form and manner that facilitates its use in analysis, investigations and operations;
(D) builds upon existing systems capabilities currently in use across the Government;
(E) employs an information access management approach that controls access to data rather than just systems and networks, without sacrificing security;
(F) facilitates the sharing of information at and across all levels of security;
(G) provides directory services, or the functional equivalent, for locating people and information;
(H) incorporates protections for individuals' privacy and civil liberties;
(I) incorporates strong mechanisms to enhance accountability and facilitate oversight, including audits, authentication, and access controls;
(J) integrates the information within the scope of the information sharing environment, including any such information in legacy technologies;
(K) integrates technologies, including all legacy technologies, through Internet-based services, consistent with appropriate security protocols and safeguards, to enable connectivity among required users at the Federal, State, and local levels;
(L) allows the full range of analytic and operational activities without the need to centralize information within the scope of the information sharing environment;
(M) permits analysts to collaborate both independently and in a group (commonly known as "collective and noncollective collaboration"), and across multiple levels of national security information and controlled unclassified information;
(N) provides a resolution process that enables changes by authorized officials regarding rules and policies for the access, use, and retention of information within the scope of the information sharing environment; and
(O) incorporates continuous, real-time, and immutable audit capabilities, to the maximum extent practicable.
(3) Delegation
(A) In general
Subject to subparagraph (B), the President may delegate responsibility for carrying out this subsection.
(B) Limitation
The President may not delegate responsibility for carrying out this subsection to the Director of National Intelligence.
(c) Preliminary report
Not later than 180 days after December 17, 2004, the program manager shall, in consultation with the Information Sharing Council—
(1) submit to the President and Congress a description of the technological, legal, and policy issues presented by the creation of the ISE, and the way in which these issues will be addressed;
(2) establish an initial capability to provide electronic directory services, or the functional equivalent, to assist in locating in the Federal Government intelligence and terrorism information and people with relevant knowledge about intelligence and terrorism information; and
(3) conduct a review of relevant current Federal agency capabilities, databases, and systems for sharing information.
(d) Guidelines and requirements
As soon as possible, but in no event later than 270 days after December 17, 2004, the President shall—
(1) leverage all ongoing efforts consistent with establishing the ISE and issue guidelines for acquiring, accessing, sharing, and using information, including guidelines to ensure that information is provided in its most shareable form, such as by using tearlines to separate out data from the sources and methods by which the data are obtained;
(2) in consultation with the Privacy and Civil Liberties Oversight Board established under
(A) protect privacy and civil liberties in the development and use of the ISE; and
(B) shall be made public, unless nondisclosure is clearly necessary to protect national security; and
(3) require the heads of Federal departments and agencies to promote a culture of information sharing by—
(A) reducing disincentives to information sharing, including over-classification of information and unnecessary requirements for originator approval, consistent with applicable laws and regulations; and
(B) providing affirmative incentives for information sharing.
(e) Implementation plan report
Not later than one year after December 17, 2004, the President shall, with the assistance of the program manager, submit to Congress a report containing an implementation plan for the ISE. The report shall include the following:
(1) A description of the functions, capabilities, resources, and conceptual design of the ISE, including standards.
(2) A description of the impact on enterprise architectures of participating agencies.
(3) A budget estimate that identifies the incremental costs associated with designing, testing, integrating, deploying, and operating the ISE.
(4) A project plan for designing, testing, integrating, deploying, and operating the ISE.
(5) The policies and directives referred to in subsection (b)(1)(C), as well as the metrics and enforcement mechanisms that will be utilized.
(6) Objective, systemwide performance measures to enable the assessment of progress toward achieving the full implementation of the ISE.
(7) A description of the training requirements needed to ensure that the ISE will be adequately implemented and properly utilized.
(8) A description of the means by which privacy and civil liberties will be protected in the design and operation of the ISE.
(9) The recommendations of the program manager, in consultation with the Information Sharing Council, regarding whether, and under what conditions, the ISE should be expanded to include other intelligence information.
(10) A delineation of the roles of the Federal departments and agencies that will participate in the ISE, including an identification of the agencies that will deliver the infrastructure needed to operate and manage the ISE (as distinct from individual department or agency components that are part of the ISE), with such delineation of roles to be consistent with—
(A) the authority of the Director of National Intelligence under this title,1 and the amendments made by this title,1 to set standards for information sharing throughout the intelligence community; and
(B) the authority of the Secretary of Homeland Security and the Attorney General, and the role of the Department of Homeland Security and the Department of Justice, in coordinating with State, local, and tribal officials and the private sector.
(11) The recommendations of the program manager, in consultation with the Information Sharing Council, for a future management structure for the ISE, including whether the position of program manager should continue to remain in existence.
(f) Program manager
(1) Designation
Not later than 120 days after December 17, 2004, with notification to Congress, the President shall designate an individual as the program manager responsible for information sharing across the Federal Government. Beginning on December 20, 2019, each individual designated as the program manager shall be appointed by the Director of National Intelligence. The program manager, in consultation with the head of any affected department or agency, shall have and exercise governmentwide authority over the sharing of information within the scope of the information sharing environment, including homeland security information, terrorism information, and weapons of mass destruction information, by all Federal departments, agencies, and components, irrespective of the Federal department, agency, or component in which the program manager may be administratively located, except as otherwise expressly provided by law.
(2) Duties and responsibilities
(A) In general
The program manager shall, in consultation with the Information Sharing Council—
(i) plan for and oversee the implementation of, and manage, the ISE;
(ii) assist in the development of policies, as appropriate, to foster the development and proper operation of the ISE;
(iii) consistent with the direction and policies issued by the President, the Director of National Intelligence, and the Director of the Office of Management and Budget, issue governmentwide procedures, guidelines, instructions, and functional standards, as appropriate, for the management, development, and proper operation of the ISE;
(iv) identify and resolve information sharing disputes between Federal departments, agencies, and components; and
(v) assist, monitor, and assess the implementation of the ISE by Federal departments and agencies to ensure adequate progress, technological consistency and policy compliance; and regularly report the findings to Congress.
(B) Content of policies, procedures, guidelines, rules, and standards
The policies, procedures, guidelines, rules, and standards under subparagraph (A)(ii) shall—
(i) take into account the varying missions and security requirements of agencies participating in the ISE;
(ii) address development, implementation, and oversight of technical standards and requirements;
(iii) take into account ongoing and planned efforts that support development, implementation and management of the ISE;
(iv) address and facilitate information sharing between and among departments and agencies of the intelligence community, the Department of Defense, the homeland security community and the law enforcement community;
(v) address and facilitate information sharing between Federal departments and agencies and State, tribal, and local governments;
(vi) address and facilitate, as appropriate, information sharing between Federal departments and agencies and the private sector;
(vii) address and facilitate, as appropriate, information sharing between Federal departments and agencies with foreign partners and allies; and
(viii) ensure the protection of privacy and civil liberties.
(g) Information Sharing Council
(1) Establishment
There is established an Information Sharing Council that shall assist the President and the program manager in their duties under this section. The Information Sharing Council shall serve until removed from service or replaced by the President (at the sole discretion of the President) with a successor body.
(2) Specific duties
In assisting the President and the program manager in their duties under this section, the Information Sharing Council shall—
(A) advise the President and the program manager in developing policies, procedures, guidelines, roles,2 and standards necessary to establish, implement, and maintain the ISE;
(B) work to ensure coordination among the Federal departments and agencies participating in the ISE in the establishment, implementation, and maintenance of the ISE;
(C) identify and, as appropriate, recommend the consolidation and elimination of current programs, systems, and processes used by Federal departments and agencies to share information, and recommend, as appropriate, the redirection of existing resources to support the ISE;
(D) identify gaps, if any, between existing technologies, programs and systems used by Federal departments and agencies to share information and the parameters of the proposed information sharing environment;
(E) recommend solutions to address any gaps identified under subparagraph (D);
(F) recommend means by which the ISE can be extended to allow interchange of information between Federal departments and agencies and appropriate authorities of State and local governments;
(G) assist the program manager in identifying and resolving information sharing disputes between Federal departments, agencies, and components;
(H) identify appropriate personnel for assignment to the program manager to support staffing needs identified by the program manager; and
(I) recommend whether or not, and by which means, the ISE should be expanded so as to allow future expansion encompassing other relevant categories of information.
(3) Consultation
In performing its duties, the Information Sharing Council shall consider input from persons and entities outside the Federal Government having significant experience and expertise in policy, technical matters, and operational matters relating to the ISE.
(4) Inapplicability of chapter 10 of title 5
The Information Sharing Council (including any subsidiary group of the Information Sharing Council) shall not be subject to the requirements of
(5) Detailees
Upon a request by the Director of National Intelligence, the departments and agencies represented on the Information Sharing Council shall detail to the program manager, on a reimbursable basis, appropriate personnel identified under paragraph (2)(H).
(h) Agency responsibilities
The head of each department or agency that possesses or uses intelligence or terrorism information, operates a system in the ISE, or otherwise participates (or expects to participate) in the ISE shall—
(1) ensure full department or agency compliance with information sharing policies, procedures, guidelines, rules, and standards established under subsections (b) and (f);
(2) ensure the provision of adequate resources for systems and activities supporting operation of and participation in the ISE;
(3) ensure full department or agency cooperation in the development of the ISE to implement governmentwide information sharing; and
(4) submit, at the request of the President or the program manager, any reports on the implementation of the requirements of the ISE within such department or agency.
(i) Report on the information sharing environment
(1) In general
Not later than 180 days after August 3, 2007, the President shall report to the Committee on Homeland Security and Governmental Affairs of the Senate, the Select Committee on Intelligence of the Senate, the Committee on Homeland Security of the House of Representatives, and the Permanent Select Committee on Intelligence of the House of Representatives on the feasibility of—
(A) eliminating the use of any marking or process (including "Originator Control") intended to, or having the effect of, restricting the sharing of information within the scope of the information sharing environment, including homeland security information, terrorism information, and weapons of mass destruction information, between and among participants in the information sharing environment, unless the President has—
(i) specifically exempted categories of information from such elimination; and
(ii) reported that exemption to the committees of Congress described in the matter preceding this subparagraph; and
(B) continuing to use Federal agency standards in effect on August 3, 2007, for the collection, sharing, and access to information within the scope of the information sharing environment, including homeland security information, terrorism information, and weapons of mass destruction information, relating to citizens and lawful permanent residents;
(C) replacing the standards described in subparagraph (B) with a standard that would allow mission-based or threat-based permission to access or share information within the scope of the information sharing environment, including homeland security information, terrorism information, and weapons of mass destruction information, for a particular purpose that the Federal Government, through an appropriate process established in consultation with the Privacy and Civil Liberties Oversight Board established under
(D) the use of anonymized data by Federal departments, agencies, or components collecting, possessing, disseminating, or handling information within the scope of the information sharing environment, including homeland security information, terrorism information, and weapons of mass destruction information, in any cases in which—
(i) the use of such information is reasonably expected to produce results materially equivalent to the use of information that is transferred or stored in a non-anonymized form; and
(ii) such use is consistent with any mission of that department, agency, or component (including any mission under a Federal statute or directive of the President) that involves the storage, retention, sharing, or exchange of personally identifiable information.
(2) Definition
In this subsection, the term "anonymized data" means data in which the individual to whom the data pertains is not identifiable with reasonable efforts, including information that has been encrypted or hidden through the use of other technology.
(j) Additional positions
The program manager is authorized to hire not more than 40 full-time employees to assist the program manager in—
(1) activities associated with the implementation of the information sharing environment, including—
(A) implementing the requirements under subsection (b)(2); and
(B) any additional implementation initiatives to enhance and expedite the creation of the information sharing environment; and
(2) identifying and resolving information sharing disputes between Federal departments, agencies, and components under subsection (f)(2)(A)(iv).
(k) Authorization of appropriations
There is authorized to be appropriated to carry out this section $30,000,000 for each of fiscal years 2008 and 2009.
(
Editorial Notes
References in Text
Executive Order 13356, referred to in subsec. (a)(2), which was formerly set out as a note below, was revoked by Ex. Ord. No. 13388, set out as a note below, which established an Information Sharing Council consistent with subsec. (g) of this section.
This title, referred to in subsec. (e)(10)(A), is title I of
Codification
Section was enacted as part of the Intelligence Reform and Terrorism Prevention Act of 2004, and also as part of the National Security Intelligence Reform Act of 2004, and not as part of the Homeland Security Act of 2002 which comprises this chapter.
Amendments
2022—Subsec. (g)(4).
Subsecs. (h) to (l).
2020—Subsec. (b)(1).
Subsec. (b)(2).
Subsec. (b)(3).
2019—Subsec. (b)(1).
Subsec. (b)(2).
Subsec. (f)(1).
2010—Subsec. (e)(10)(B).
2007—Subsec. (a)(1), (2).
Subsec. (a)(3).
Subsec. (a)(4).
Subsec. (a)(5).
"(A) the existence, organization, capabilities, plans, intentions, vulnerabilities, means of finance or material support, or activities of foreign or international terrorist groups or individuals, or of domestic groups or individuals involved in transnational terrorism;
"(B) threats posed by such groups or individuals to the United States, United States persons, or United States interests, or to those of other nations;
"(C) communications of or by such groups or individuals; or
"(D) groups or individuals reasonably believed to be assisting or associated with such groups or individuals."
Subsec. (a)(6).
Subsec. (b)(2)(J) to (O).
Subsec. (f)(1).
Subsec. (f)(2)(A)(ii) to (v).
Subsec. (g)(1).
Subsec. (g)(2)(G) to (I).
Subsec. (g)(4).
Subsec. (g)(5).
Subsec. (h)(1).
Subsecs. (j) to (l).
Statutory Notes and Related Subsidiaries
Effective Date
For determination by President that section takes effect on Apr. 21, 2005, see Memorandum of President of the United States, Apr. 21, 2005, 70 F.R. 23925, set out as a note under
Section effective not later than six months after Dec. 17, 2004, except as otherwise expressly provided, see section 1097(a) of
Procedures To Clear Individuals From Terrorist Database Lists
Executive Documents
Executive Order No. 13356
Ex. Ord. No. 13356, Aug. 27, 2004, 69 F.R. 53599, which provided for strengthening the sharing of terrorism information to protect Americans, was revoked by Ex. Ord. No. 13388, §8(b), Oct. 25, 2005, 70 F.R. 62025, set out below.
Ex. Ord. No. 13388. Further Strengthening the Sharing of Terrorism Information To Protect Americans
Ex. Ord. No. 13388, Oct. 25, 2005, 70 F.R. 62023, provided:
By the authority vested in me as President by the Constitution and the laws of the United States of America, including section 1016 of the Intelligence Reform and Terrorism Prevention Act of 2004 (
(a) give the highest priority to (i) the detection, prevention, disruption, preemption, and mitigation of the effects of terrorist activities against the territory, people, and interests of the United States of America; (ii) the interchange of terrorism information among agencies; (iii) the interchange of terrorism information between agencies and appropriate authorities of State, local, and tribal governments, and between agencies and appropriate private sector entities; and (iv) the protection of the ability of agencies to acquire additional such information; and
(b) protect the freedom, information privacy, and other legal rights of Americans in the conduct of activities implementing subsection (a).
(a) shall promptly give access to the terrorism information to the head of each other agency that has counterterrorism functions, and provide the terrorism information to each such agency, unless otherwise directed by the President, and consistent with (i) the statutory responsibilities of the agencies providing and receiving the information; (ii) any guidance issued by the Attorney General to fulfill the policy set forth in subsection 1(b) of this order; and (iii) other applicable law, including sections 102A(g) and (i) of the National Security Act of 1947 [
(b) shall cooperate in and facilitate production of reports based on terrorism information with contents and formats that permit dissemination that maximizes the utility of the information in protecting the territory, people, and interests of the United States.
(b) The mission of the Council is to (i) provide advice and information concerning the establishment of an interoperable terrorism information sharing environment to facilitate automated sharing of terrorism information among appropriate agencies to implement the policy set forth in section 1 of this order; and (ii) perform the duties set forth in section 1016(g) of the Intelligence Reform and Terrorism Prevention Act of 2004.
(c) To assist in expeditious and effective implementation by agencies of the policy set forth in section 1 of this order, the plan for establishment of a proposed interoperable terrorism information sharing environment reported under section 5(c) of Executive Order 13356 [formerly set out above] shall be used, as appropriate, in carrying out section 1016 of the Intelligence Reform and Terrorism Prevention Act of 2004.
(a) the term "agency" has the meaning set forth for the term "executive agency" in
(b) the term "terrorism information" has the meaning set forth for such term in section 1016(a)(4) of the Intelligence Reform and Terrorism Prevention Act of 2004.
(i) shall be implemented in a manner consistent with applicable law, including Federal law protecting the information privacy and other legal rights of Americans, and subject to the availability of appropriations;
(ii) shall be implemented in a manner consistent with the authority of the principal officers of agencies as heads of their respective agencies, including under section 199 of the Revised Statutes (
(iii) shall be implemented consistent with the Presidential Memorandum of June 2, 2005, on "Strengthening Information Sharing, Access, and Integration—Organizational, Management, and Policy Development Structures for Creating the Terrorism Information Sharing Environment;" [not set out in the Code]
(iv) shall not be construed to impair or otherwise affect the functions of the Director of the Office of Management and Budget relating to budget, administrative, and legislative proposals; and
(v) shall be implemented in a manner consistent with section 102A of the National Security Act of 1947 [
(b) This order is intended only to improve the internal management of the Federal Government and is not intended to, and does not, create any rights or benefits, substantive or procedural, enforceable at law or in equity by a party against the United States, its departments, agencies, instrumentalities, or entities, its officers, employees, or agents, or any other person.
(b) Executive Order 13356 of August 27, 2004 [formerly set out above], is hereby revoked.
George W. Bush.
Assignment of Certain Functions Under the Intelligence Reform and Terrorism Prevention Act of 2004
Memorandum of President of the United States, Nov. 14, 2006, 71 F.R. 67029, provided:
Memorandum for the Director of National Intelligence
By the authority vested in me as President by the Constitution and laws of the United States, including
The Director shall perform such function in a manner consistent with the President's constitutional authority to withhold information the disclosure of which could impair foreign relations, national security, the deliberative processes of the Executive, or the performance of the Executive's constitutional duties.
Any reference in this memorandum to the provision of any Act shall be deemed to include references to any hereafter-enacted provision of law that is the same or substantially the same as such provision.
You are authorized and directed to publish this memorandum in the Federal Register.
George W. Bush.
Memorandum of President of the United States, Apr. 10, 2007, 72 F.R. 18561, provided:
Memorandum for the Director of National Intelligence
By the authority vested in me as President by the Constitution and laws of the United States of America, including
The Director shall perform such functions in a manner consistent with direction and guidance issued by the President, including (1) the Memorandum for the Heads of Executive Departments and Agencies of June 2, 2005, entitled "Strengthening Information Sharing, Access, and Integration—Organizational, Management, and Policy Development Structures for Creating the Terrorism Information Sharing Environment," and (2) the Memorandum for the Heads of Executive Departments and Agencies of December 16, 2005, entitled "Guidelines and Requirements in Support of the Information Sharing Environment;" provided that the Director shall ensure that the official within the Office of the Director of National Intelligence previously designated as the program manager responsible for information sharing across the Federal Government pursuant to the Act shall be the assistant to the Director in carrying out the functions delegated by this memorandum.
You are authorized and directed to publish this memorandum in the Federal Register.
George W. Bush.
[
Memorandum of President of the United States, Sept. 8, 2007, 72 F.R. 52279, provided:
Memorandum for the Secretary of State[,] the Secretary of Defense[,] the Attorney General[,] the Secretary of Energy[,] the Secretary of Homeland Security[, and] the Director of National Intelligence
By the authority vested in me as President by the Constitution and laws of the United States, including
Heads of departments and agencies shall, to the extent permitted by law, furnish to the Director information that the Director requests to perform such functions, in the format and on the schedule specified by the Director.
The Director shall perform such functions in a manner consistent with the President's constitutional authority to withhold information the disclosure of which could impair foreign relations, national security, the deliberative processes of the Executive, and the performance of the Executive's constitutional duties.
Any reference in this memorandum to the provision of IRTPA shall be deemed to include references to any hereafter-enacted provision of law that is the same or substantially the same as such provision.
The Director is authorized and directed to publish this memorandum in the Federal Register.
George W. Bush.
1 See References in Text note below.
2 So in original. Probably should be "rules,".
§486. Limitation of liability
A person who has completed a security awareness training course approved by or operated under a cooperative agreement with the Department of Homeland Security using funds made available in fiscal year 2006 and thereafter or in any prior appropriations Acts, who is enrolled in a program recognized or acknowledged by an Information Sharing and Analysis Center, and who reports a situation, activity or incident pursuant to that program to an appropriate authority, shall not be liable for damages in any action brought in a Federal or State court which result from any act or omission unless such person is guilty of gross negligence or willful misconduct.
(
Editorial Notes
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.
Part J—Secure Handling of Ammonium Nitrate
§488. Definitions
In this part:
(1) Ammonium nitrate
The term "ammonium nitrate" means—
(A) solid ammonium nitrate that is chiefly the ammonium salt of nitric acid and contains not less than 33 percent nitrogen by weight; and
(B) any mixture containing a percentage of ammonium nitrate that is equal to or greater than the percentage determined by the Secretary under
(2) Ammonium nitrate facility
The term "ammonium nitrate facility" means any entity that produces, sells or otherwise transfers ownership of, or provides application services for ammonium nitrate.
(3) Ammonium nitrate purchaser
The term "ammonium nitrate purchaser" means any person who purchases ammonium nitrate from an ammonium nitrate facility.
(
§488a. Regulation of the sale and transfer of ammonium nitrate
(a) In general
The Secretary shall regulate the sale and transfer of ammonium nitrate by an ammonium nitrate facility in accordance with this part to prevent the misappropriation or use of ammonium nitrate in an act of terrorism. Such regulations shall be carried out by the Cybersecurity and Infrastructure Security Agency.
(b) Ammonium nitrate mixtures
Not later than 90 days after December 26, 2007, the Secretary, in consultation with the heads of appropriate Federal departments and agencies (including the Secretary of Agriculture), shall, after notice and an opportunity for comment, establish a threshold percentage for ammonium nitrate in a substance.
(c) Registration of owners of ammonium nitrate facilities
(1) Registration
The Secretary shall establish a process by which any person that—
(A) owns an ammonium nitrate facility is required to register with the Department; and
(B) registers under subparagraph (A) is issued a registration number for purposes of this part.
(2) Registration information
Any person applying to register under paragraph (1) shall submit to the Secretary—
(A) the name, address, and telephone number of each ammonium nitrate facility owned by that person;
(B) the name of the person designated by that person as the point of contact for each such facility, for purposes of this part; and
(C) such other information as the Secretary may determine is appropriate.
(d) Registration of ammonium nitrate purchasers
(1) Registration
The Secretary shall establish a process by which any person that—
(A) intends to be an ammonium nitrate purchaser is required to register with the Department; and
(B) registers under subparagraph (A) is issued a registration number for purposes of this part.
(2) Registration information
Any person applying to register under paragraph (1) as an ammonium nitrate purchaser shall submit to the Secretary—
(A) the name, address, and telephone number of the applicant; and
(B) the intended use of ammonium nitrate to be purchased by the applicant.
(e) Records
(1) Maintenance of records
The owner of an ammonium nitrate facility shall—
(A) maintain a record of each sale or transfer of ammonium nitrate, during the two-year period beginning on the date of that sale or transfer; and
(B) include in such record the information described in paragraph (2).
(2) Specific information required
For each sale or transfer of ammonium nitrate, the owner of an ammonium nitrate facility shall—
(A) record the name, address, telephone number, and registration number issued under subsection (c) or (d) of each person that purchases ammonium nitrate, in a manner prescribed by the Secretary;
(B) if applicable, record the name, address, and telephone number of an agent acting on behalf of the person described in subparagraph (A), at the point of sale;
(C) record the date and quantity of ammonium nitrate sold or transferred; and
(D) verify the identity of the persons described in subparagraphs (A) and (B), as applicable, in accordance with a procedure established by the Secretary.
(3) Protection of information
In maintaining records in accordance with paragraph (1), the owner of an ammonium nitrate facility shall take reasonable actions to ensure the protection of the information included in such records.
(f) Exemption for explosive purposes
The Secretary may exempt from this part a person producing, selling, or purchasing ammonium nitrate exclusively for use in the production of an explosive under a license or permit issued under
(g) Consultation
In carrying out this section, the Secretary shall consult with the Secretary of Agriculture, States, and appropriate private sector entities, to ensure that the access of agricultural producers to ammonium nitrate is not unduly burdened.
(h) Data confidentiality
(1) In general
Notwithstanding
(2) Exception
The Secretary may disclose any information obtained by the Secretary under this part to—
(A) an officer or employee of the United States, or a person that has entered into a contract with the United States, who has a need to know the information to perform the duties of the officer, employee, or person; or
(B) to a State agency under
(i) Registration procedures and check of terrorist screening database
(1) Registration procedures
(A) Generally
The Secretary shall establish procedures to efficiently receive applications for registration numbers under this part, conduct the checks required under paragraph (2), and promptly issue or deny a registration number.
(B) Initial six-month registration period
The Secretary shall take steps to maximize the number of registration applications that are submitted and processed during the six-month period described in
(2) Check of terrorist screening database
(A) Check required
The Secretary shall conduct a check of appropriate identifying information of any person seeking to register with the Department under subsection (c) or (d) against identifying information that appears in the terrorist screening database of the Department.
(B) Authority to deny registration number
If the identifying information of a person seeking to register with the Department under subsection (c) or (d) appears in the terrorist screening database of the Department, the Secretary may deny issuance of a registration number under this part.
(3) Expedited review of applications
(A) In general
Following the six-month period described in
(B) Notice of application status
In all cases, the Secretary shall notify a person seeking to register with the Department under subsection (c) or (d) of the status of the application of that person not later than 72 hours after the time the Secretary receives a complete registration application.
(4) Expedited appeals process
(A) Requirement
(i) Appeals process
The Secretary shall establish an expedited appeals process for persons denied a registration number under this part.
(ii) Time period for resolution
The Secretary shall, to the extent practicable, resolve appeals not later than 72 hours after receiving a complete request for appeal unless the Secretary determines, in the interest of national security, that additional time is necessary to resolve an appeal.
(B) Consultation
The Secretary, in developing the appeals process under subparagraph (A), shall consult with appropriate stakeholders.
(C) Guidance
The Secretary shall provide guidance regarding the procedures and information required for an appeal under subparagraph (A) to any person denied a registration number under this part.
(5) Restrictions on use and maintenance of information
(A) In general
Any information constituting grounds for denial of a registration number under this section shall be maintained confidentially by the Secretary and may be used only for making determinations under this section.
(B) Sharing of information
Notwithstanding any other provision of this part, the Secretary may share any such information with Federal, State, local, and tribal law enforcement agencies, as appropriate.
(6) Registration information
(A) Authority to require information
The Secretary may require a person applying for a registration number under this part to submit such information as may be necessary to carry out the requirements of this section.
(B) Requirement to update information
The Secretary may require persons issued a registration under this part to update registration information submitted to the Secretary under this part, as appropriate.
(7) Re-checks against terrorist screening database
(A) Re-checks
The Secretary shall, as appropriate, recheck persons provided a registration number pursuant to this part against the terrorist screening database of the Department, and may revoke such registration number if the Secretary determines such person may pose a threat to national security.
(B) Notice of revocation
The Secretary shall, as appropriate, provide prior notice to a person whose registration number is revoked under this section and such person shall have an opportunity to appeal, as provided in paragraph (4).
(
Editorial Notes
References in Text
The USA PATRIOT ACT, referred to in subsec. (h)(1), is
Amendments
2018—Subsec. (a).
§488b. Inspection and auditing of records
The Secretary shall establish a process for the periodic inspection and auditing of the records maintained by owners of ammonium nitrate facilities for the purpose of monitoring compliance with this part or for the purpose of deterring or preventing the misappropriation or use of ammonium nitrate in an act of terrorism.
(
§488c. Administrative provisions
(a) Cooperative agreements
The Secretary—
(1) may enter into a cooperative agreement with the Secretary of Agriculture, or the head of any State department of agriculture or its designee involved in agricultural regulation, in consultation with the State agency responsible for homeland security, to carry out the provisions of this part; and
(2) wherever possible, shall seek to cooperate with State agencies or their designees that oversee ammonium nitrate facility operations when seeking cooperative agreements to implement the registration and enforcement provisions of this part.
(b) Delegation
(1) Authority
The Secretary may delegate to a State the authority to assist the Secretary in the administration and enforcement of this part.
(2) Delegation required
At the request of a Governor of a State, the Secretary shall delegate to that State the authority to carry out functions under
(3) Funding
Subject to the availability of appropriations, if the Secretary delegates functions to a State under this subsection, the Secretary shall provide to that State sufficient funds to carry out the delegated functions.
(c) Provision of guidance and notification materials to ammonium nitrate facilities
(1) Guidance
The Secretary shall make available to each owner of an ammonium nitrate facility registered under
(A) the identification of suspicious ammonium nitrate purchases or transfers or attempted purchases or transfers;
(B) the appropriate course of action to be taken by the ammonium nitrate facility owner with respect to such a purchase or transfer or attempted purchase or transfer, including—
(i) exercising the right of the owner of the ammonium nitrate facility to decline sale of ammonium nitrate; and
(ii) notifying appropriate law enforcement entities; and
(C) additional subjects determined appropriate to prevent the misappropriation or use of ammonium nitrate in an act of terrorism.
(2) Use of materials and programs
In providing guidance under this subsection, the Secretary shall, to the extent practicable, leverage any relevant materials and programs.
(3) Notification materials
(A) In general
The Secretary shall make available materials suitable for posting at locations where ammonium nitrate is sold.
(B) Design of materials
Materials made available under subparagraph (A) shall be designed to notify prospective ammonium nitrate purchasers of—
(i) the record-keeping requirements under
(ii) the penalties for violating such requirements.
(
§488d. Theft reporting requirement
Any person who is required to comply with
(
§488e. Prohibitions and penalty
(a) Prohibitions
(1) Taking possession
No person shall purchase ammonium nitrate from an ammonium nitrate facility unless such person is registered under subsection (c) or (d) of
(2) Transferring possession
An owner of an ammonium nitrate facility shall not transfer possession of ammonium nitrate from the ammonium nitrate facility to any ammonium nitrate purchaser who is not registered under subsection (c) or (d) of
(3) Other prohibitions
No person shall—
(A) purchase ammonium nitrate without a registration number required under subsection (c) or (d) of
(B) own or operate an ammonium nitrate facility without a registration number required under
(C) fail to comply with any requirement or violate any other prohibition under this part.
(b) Civil penalty
A person that violates this part may be assessed a civil penalty by the Secretary of not more than $50,000 per violation.
(c) Penalty considerations
In determining the amount of a civil penalty under this section, the Secretary shall consider—
(1) the nature and circumstances of the violation;
(2) with respect to the person who commits the violation, any history of prior violations, the ability to pay the penalty, and any effect the penalty is likely to have on the ability of such person to do business; and
(3) any other matter that the Secretary determines that justice requires.
(d) Notice and opportunity for a hearing
No civil penalty may be assessed under this part unless the person liable for the penalty has been given notice and an opportunity for a hearing on the violation for which the penalty is to be assessed in the county, parish, or incorporated city of residence of that person.
(e) Delay in application of prohibition
Paragraphs (1) and (2) of subsection (a) shall apply on and after the date that is 6 months after the date that the Secretary issues a final rule implementing this part.
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§488f. Protection from civil liability
(a) In general
Notwithstanding any other provision of law, an owner of an ammonium nitrate facility that in good faith refuses to sell or transfer ammonium nitrate to any person, or that in good faith discloses to the Department or to appropriate law enforcement authorities an actual or attempted purchase or transfer of ammonium nitrate, based upon a reasonable belief that the person seeking purchase or transfer of ammonium nitrate may use the ammonium nitrate to create an explosive device to be employed in an act of terrorism (as defined in
(b) Reasonable belief
A reasonable belief that a person may use ammonium nitrate to create an explosive device to be employed in an act of terrorism under subsection (a) may not solely be based on the race, sex, national origin, creed, religion, status as a veteran, or status as a member of the Armed Forces of the United States of that person.
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§488g. Preemption of other laws
(a) Other Federal regulations
Except as provided in
(b) State law
Subject to
(
§488h. Deadlines for regulations
The Secretary—
(1) shall issue a proposed rule implementing this part not later than 6 months after December 26, 2007; and
(2) issue a final rule implementing this part not later than 1 year after December 26, 2007.
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§488i. Authorization of appropriations
There are authorized to be appropriated to the Secretary—
(1) $2,000,000 for fiscal year 2008; and
(2) $10,750,000 for each of fiscal years 2009 through 2012.
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