2013 US Code
Title 6 - Domestic Security
Chapter 1 - HOMELAND SECURITY ORGANIZATION (§§ 101 - 613)
Section 101 - Definitions
Publication Title | United States Code, 2012 Edition, Supplement 1, Title 6 - DOMESTIC SECURITY |
Category | Bills and Statutes |
Collection | United States Code |
SuDoc Class Number | Y 1.2/5: |
Contained Within | Title 6 - DOMESTIC SECURITY CHAPTER 1 - HOMELAND SECURITY ORGANIZATION Sec. 101 - Definitions |
Contains | section 101 |
Date | 2013 |
Laws in Effect as of Date | January 16, 2014 |
Positive Law | No |
Disposition | standard |
Short Titles | Investigative Assistance for Violent Crimes Act of 2012.</p> Jaime Zapata Border Enforcement Security Task Force Act.</p> Anti-Border Corruption Act of 2010.</p> Redundancy Elimination and Enhanced Performance for Preparedness Grants Act.</p> Reducing Over-Classification Act.</p> First Responder Anti-Terrorism Training Resources Act.</p> Nuclear Forensics and Attribution Act.</p> Personnel Reimbursement for Intelligence Cooperation and Enhancement of Homeland Security Act of 2008 PRICE of Homeland Security Act.</p> Implementing Recommendations of the 9/11 Commission Act of 2007.</p> 21st Century Emergency Communications Act of 2006.</p> 9/11 Commission Implementation Act of 2004.</p> Homeland Security Civil Rights and Civil Liberties Protection Act of 2004.</p> Homeland Security Act Amendments of 2003.</p> Homeland Security Act of 2002.</p> Critical Infrastructure Information Act of 2002.</p> Support Anti-terrorism by Fostering Effective Technologies Act of 2002 SAFETY Act.</p> Homeland Security Information Sharing Act, see section 481(a) of this title.</p> Federal Information Security Management Act of 2002.</p> |
Source Credit | Pub. L. 107-296, §2, Nov. 25, 2002, 116 Stat. 2140; Pub. L. 109-295, title VI, §612(d), Oct. 4, 2006, 120 Stat. 1410; Pub. L. 109-347, title VI, §613, Oct. 13, 2006, 120 Stat. 1943; Pub. L. 110-53, title V, §502(a), title IX, §901(d), Aug. 3, 2007, 121 Stat. 310, 371. |
Statutes at Large References | 66 Stat. 163 116 Stat. 2140, 2135, 2142, 2150, 2238, 2259, 2408, 2946 117 Stat. 532, 591 118 Stat. 556, 1275, 3775, 3867 120 Stat. 1410, 1943, 1433 121 Stat. 310, 266 122 Stat. 4336 124 Stat. 31, 2620, 2648, 2852, 4104 126 Stat. 1487, 2435 |
Public Law References | Public Law 95-452, Public Law 107-248, Public Law 107-296, Public Law 107-306, Public Law 107-347, Public Law 108-7, Public Law 108-11, Public Law 108-207, Public Law 108-330, Public Law 108-458, Public Law 109-295, Public Law 109-347, Public Law 110-53, Public Law 110-412, Public Law 111-140, Public Law 111-245, Public Law 111-258, Public Law 111-271, Public Law 111-376, Public Law 112-205, Public Law 112-265 |
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In this chapter, the following definitions apply:
(1) Each of the terms “American homeland” and “homeland” means the United States.
(2) The term “appropriate congressional committee” means any committee of the House of Representatives or the Senate having legislative or oversight jurisdiction under the Rules of the House of Representatives or the Senate, respectively, over the matter concerned.
(3) The term “assets” includes contracts, facilities, property, records, unobligated or unexpended balances of appropriations, and other funds or resources (other than personnel).
(4) The term “critical infrastructure” has the meaning given that term in section 5195c(e) of title 42.
(5) The term “Department” means the Department of Homeland Security.
(6) The term “emergency response providers” includes Federal, State, and local governmental and nongovernmental emergency public safety, fire, law enforcement, emergency response, emergency medical (including hospital emergency facilities), and related personnel, agencies, and authorities.
(7) The term “executive agency” means an executive agency and a military department, as defined, respectively, in sections 105 and 102 of title 5.
(8) The term “functions” includes authorities, powers, rights, privileges, immunities, programs, projects, activities, duties, and responsibilities.
(9) The term “intelligence component of the Department” means any element or entity of the Department that collects, gathers, processes, analyzes, produces, or disseminates intelligence information within the scope of the information sharing environment, including homeland security information, terrorism information, and weapons of mass destruction information, or national intelligence, as defined under section 3003(5) of title 50, except—
(A) the United States Secret Service; and
(B) the Coast Guard, when operating under the direct authority of the Secretary of Defense or Secretary of the Navy pursuant to section 3 of title 14, except that nothing in this paragraph shall affect or diminish the authority and responsibilities of the Commandant of the Coast Guard to command or control the Coast Guard as an armed force or the authority of the Director of National Intelligence with respect to the Coast Guard as an element of the intelligence community (as defined under section 3003(4) of title 50.1
(10) The term “key resources” means publicly or privately controlled resources essential to the minimal operations of the economy and government.
(11) The term “local government” means—
(A) a county, municipality, city, town, township, local public authority, school district, special district, intrastate district, council of governments (regardless of whether the council of governments is incorporated as a nonprofit corporation under State law), regional or interstate government entity, or agency or instrumentality of a local government;
(B) an Indian tribe or authorized tribal organization, or in Alaska a Native village or Alaska Regional Native Corporation; and
(C) a rural community, unincorporated town or village, or other public entity.
(12) The term “major disaster” has the meaning given in section 5122(2) of title 42.
(13) The term “personnel” means officers and employees.
(14) The term “Secretary” means the Secretary of Homeland Security.
(15) The term “State” means any State of the United States, the District of Columbia, the Commonwealth of Puerto Rico, the Virgin Islands, Guam, American Samoa, the Commonwealth of the Northern Mariana Islands, and any possession of the United States.
(16) The term “terrorism” means any activity that—
(A) involves an act that—
(i) is dangerous to human life or potentially destructive of critical infrastructure or key resources; and
(ii) is a violation of the criminal laws of the United States or of any State or other subdivision of the United States; and
(B) appears to be intended—
(i) to intimidate or coerce a civilian population;
(ii) to influence the policy of a government by intimidation or coercion; or
(iii) to affect the conduct of a government by mass destruction, assassination, or kidnapping.
(17)(A) The term “United States”, when used in a geographic sense, means any State of the United States, the District of Columbia, the Commonwealth of Puerto Rico, the Virgin Islands, Guam, American Samoa, the Commonwealth of the Northern Mariana Islands, any possession of the United States, and any waters within the jurisdiction of the United States.
(B) Nothing in this paragraph or any other provision of this chapter shall be construed to modify the definition of “United States” for the purposes of the Immigration and Nationality Act [8 U.S.C. 1101 et seq.] or any other immigration or nationality law.
(18) The term “voluntary preparedness standards” means a common set of criteria for preparedness, disaster management, emergency management, and business continuity programs, such as the American National Standards Institute's National Fire Protection Association Standard on Disaster/Emergency Management and Business Continuity Programs (ANSI/NFPA 1600).
(Pub. L. 107–296, §2, Nov. 25, 2002, 116 Stat. 2140; Pub. L. 109–295, title VI, §612(d), Oct. 4, 2006, 120 Stat. 1410; Pub. L. 109–347, title VI, §613, Oct. 13, 2006, 120 Stat. 1943; Pub. L. 110–53, title V, §502(a), title IX, §901(d), Aug. 3, 2007, 121 Stat. 310, 371.)
REFERENCES IN TEXTThis chapter, referred to in text, was in the original “this Act”, meaning Pub. L. 107–296, Nov. 25, 2002, 116 Stat. 2135, known as the Homeland Security Act of 2002, which is classified principally to this chapter. For complete classification of this Act to the Code, see Short Title note set out below and Tables.
The Immigration and Nationality Act, referred to in par. (17)(B), is act June 27, 1952, ch. 477, 66 Stat. 163, as amended, which is classified principally to chapter 12 (§1101 et seq.) of Title 8, Aliens and Nationality. For complete classification of this Act to the Code, see Short Title note set out under section 1101 of Title 8 and Tables.
AMENDMENTS2007—Pars. (9) to (17). Pub. L. 110–53, §502(a), added par. (9) and redesignated former pars. (9) to (16) as (10) to (17), respectively.
Par. (18). Pub. L. 110–53, §901(d), added par. (18).
2006—Par. (6). Pub. L. 109–347 inserted “governmental and nongovernmental” after “local”.
Pub. L. 109–295 inserted “fire,” after “safety,”.
EFFECTIVE DATEPub. L. 107–296, §4, Nov. 25, 2002, 116 Stat. 2142, provided that: “This Act [see Tables for classification] shall take effect 60 days after the date of enactment [Nov. 25, 2002].”
SHORT TITLE OF 2013 AMENDMENTPub. L. 112–265, §1, Jan. 14, 2013, 126 Stat. 2435, provided that: “This Act [amending section 455 of this title and section 530C of Title 28, Judiciary and Judicial Procedure] may be cited as the ‘Investigative Assistance for Violent Crimes Act of 2012’.”
SHORT TITLE OF 2012 AMENDMENTPub. L. 112–205, §1, Dec. 7, 2012, 126 Stat. 1487, provided that: “This Act [enacting section 240 of this title and provisions set out as a note under section 240 of this title] may be cited as the ‘Jaime Zapata Border Enforcement Security Task Force Act’.”
SHORT TITLE OF 2011 AMENDMENTPub. L. 111–376, §1, Jan. 4, 2011, 124 Stat. 4104, provided that: “This Act [enacting section 221 of this title and provisions set out as a note under section 221 of this title] may be cited as the ‘Anti-Border Corruption Act of 2010’.”
SHORT TITLE OF 2010 AMENDMENTPub. L. 111–271, §1, Oct. 12, 2010, 124 Stat. 2852, provided that: “This Act [enacting section 613 of this title] may be cited as the ‘Redundancy Elimination and Enhanced Performance for Preparedness Grants Act’.”
Pub. L. 111–258, §1, Oct. 7, 2010, 124 Stat. 2648, provided that: “This Act [enacting section 124m of this title and section 435d of Title 50, War and National Defense, amending sections 121 and 124k of this title and section 403–1 of Title 50, and enacting provisions set out as notes under section 124m of this title and sections 435 and 435d of Title 50] may be cited as the ‘Reducing Over-Classification Act’.”
Pub. L. 111–245, §1, Sept. 30, 2010, 124 Stat. 2620, provided that: “This Act [enacting section 321n of this title, amending sections 453 and 464 of this title, and repealing section 464a of this title] may be cited as the ‘First Responder Anti-Terrorism Training Resources Act’.”
Pub. L. 111–140, §1, Feb. 16, 2010, 124 Stat. 31, provided that: “This Act [amending sections 592 and 596a of this title and enacting provisions set out as a note under section 592 of this title] may be cited as the ‘Nuclear Forensics and Attribution Act’.”
SHORT TITLE OF 2008 AMENDMENTPub. L. 110–412, §1, Oct. 14, 2008, 122 Stat. 4336, provided that: “This Act [amending section 609 of this title] may be cited as the ‘Personnel Reimbursement for Intelligence Cooperation and Enhancement of Homeland Security Act of 2008’ or the ‘PRICE of Homeland Security Act’.”
SHORT TITLE OF 2007 AMENDMENTPub. L. 110–53, §1(a), Aug. 3, 2007, 121 Stat. 266, provided that: “This Act [see Tables for classification] may be cited as the ‘Implementing Recommendations of the 9/11 Commission Act of 2007’.”
SHORT TITLE OF 2006 AMENDMENTPub. L. 109–295, title VI, §671(a), Oct. 4, 2006, 120 Stat. 1433, provided that: “This section [enacting subchapter XIII of this chapter] may be cited as the ‘21st Century Emergency Communications Act of 2006’.”
SHORT TITLE OF 2004 AMENDMENTPub. L. 108–458, title VII, §7001, Dec. 17, 2004, 118 Stat. 3775, provided that: “This title [see Tables for classification] may be cited as the ‘9/11 Commission Implementation Act of 2004’.”
Pub. L. 108–458, title VIII, §8301, Dec. 17, 2004, 118 Stat. 3867, provided that: “This subtitle [subtitle C (§§8301–8306) of title VIII of Pub. L. 108–458, amending sections 111, 142, and 345 of this title and section 8I of the Inspector General Act of 1978, Pub. L. 95–452, set out in the Appendix to Title 5, Government Organization and Employees, and enacting provisions set out as a note under section 112 of this title] may be cited as the ‘Homeland Security Civil Rights and Civil Liberties Protection Act of 2004’.”
Pub. L. 108–330, §1, Oct. 16, 2004, 118 Stat. 1275, provided that: “This Act [amending sections 113, 342, and 454 of this title and sections 901 and 3516 of Title 31, Money and Finance, and enacting provisions set out as notes under section 342 of this title and sections 901 and 3516 of Title 31] may be cited as ‘Department of Homeland Security Financial Accountability Act’.”
SHORT TITLE OF 2003 AMENDMENTPub. L. 108–7, div. L, Feb. 20, 2003, 117 Stat. 532, provided in part that: “This division [enacting sections 103 and 552a of this title and section 8I of the Inspector General Act of 1978, Pub. L. 95–452, set out in the Appendix to Title 5, Government Organization and Employees, amending sections 113, 162, 164, 188, 395, 453, and 551 of this title, section 8D of the Inspector General Act of 1978, sections 1103 and 1356 of Title 8, Aliens and Nationality, and section 300aa–33 of Title 42, The Public Health and Welfare, redesignating section 8I of the Inspector General Act of 1978 as section 8J, repealing section 371 of this title and former section 8J of the Inspector General Act of 1978, enacting provisions set out as notes under section 521 of this title, section 1356 of Title 8, and section 300aa–33 of Title 42, and repealing provisions set out as a note under section 300aa–33 of Title 42] may be cited as the ‘Homeland Security Act Amendments of 2003’.”
SHORT TITLEPub. L. 107–296, §1(a), Nov. 25, 2002, 116 Stat. 2135, provided that: “This Act [see Tables for classification] may be cited as the ‘Homeland Security Act of 2002’.”
Pub. L. 107–296, title II, §211, Nov. 25, 2002, 116 Stat. 2150, provided that: “This subtitle [subtitle B (§§211–215) of title II of Pub. L. 107–296, enacting part B of subchapter II of this chapter] may be cited as the ‘Critical Infrastructure Information Act of 2002’.”
Pub. L. 107–296, title VIII, §861, Nov. 25, 2002, 116 Stat. 2238, provided that: “This subtitle [subtitle G (§§861–865) of title VIII of Pub. L. 107–296, enacting part G of subchapter VIII of this chapter] may be cited as the ‘Support Anti-terrorism by Fostering Effective Technologies Act of 2002’ or the ‘SAFETY Act’.”
For short title of part I of subchapter VIII of this chapter as the “Homeland Security Information Sharing Act”, see section 481(a) of this title.
Pub. L. 107–296, title X, §1001(a), Nov. 25, 2002, 116 Stat. 2259, provided that: “This title [enacting subchapter X of this chapter and sections 3531 to 3537 and 3538 of Title 44, Public Printing and Documents, amending section 2224 of Title 10, Armed Forces, sections 278g–3 and 278g–4 of Title 15, Commerce and Trade, section 11331 of Title 40, Public Buildings, Property, and Works, and sections 3504 to 3506 of Title 44, and repealing section 11332 of Title 40 and provisions set out as notes under section 3531 of Title 44] may be cited as the ‘Federal Information Security Management Act of 2002’.”
[For another Federal Information Security Management Act of 2002, see section 301(a) of Pub. L. 107–347, title III, Dec. 17, 2002, 116 Stat. 2946, set out as a note under section 101 of Title 44, Public Printing and Documents.]
NATIONAL COMMISSION ON TERRORIST ATTACKS UPON THE UNITED STATESPub. L. 107–306, title VI, Nov. 27, 2002, 116 Stat. 2408, as amended by Pub. L. 108–207, §1, Mar. 16, 2004, 118 Stat. 556, provided that:
“SEC. 601. ESTABLISHMENT OF COMMISSION.“There is established in the legislative branch the National Commission on Terrorist Attacks Upon the United States (in this title referred to as the ‘Commission’).
“SEC. 602. PURPOSES.“The purposes of the Commission are to—
“(1) examine and report upon the facts and causes relating to the terrorist attacks of September 11, 2001, occurring at the World Trade Center in New York, New York, in Somerset County, Pennsylvania, and at the Pentagon in Virginia;
“(2) ascertain, evaluate, and report on the evidence developed by all relevant governmental agencies regarding the facts and circumstances surrounding the attacks;
“(3) build upon the investigations of other entities, and avoid unnecessary duplication, by reviewing the findings, conclusions, and recommendations of—
“(A) the Joint Inquiry of the Select Committee on Intelligence of the Senate and the Permanent Select Committee on Intelligence of the House of Representatives regarding the terrorist attacks of September 11, 2001, (hereinafter in this title referred to as the ‘Joint Inquiry’); and
“(B) other executive branch, congressional, or independent commission investigations into the terrorist attacks of September 11, 2001, other terrorist attacks, and terrorism generally;
“(4) make a full and complete accounting of the circumstances surrounding the attacks, and the extent of the United States’ preparedness for, and immediate response to, the attacks; and
“(5) investigate and report to the President and Congress on its findings, conclusions, and recommendations for corrective measures that can be taken to prevent acts of terrorism.
“SEC. 603. COMPOSITION OF COMMISSION.“(a)
“(1) 1 member shall be appointed by the President, who shall serve as chairman of the Commission;
“(2) 1 member shall be appointed by the leader of the Senate (majority or minority leader, as the case may be) of the Democratic Party, in consultation with the leader of the House of Representatives (majority or minority leader, as the case may be) of the Democratic Party, who shall serve as vice chairman of the Commission;
“(3) 2 members shall be appointed by the senior member of the Senate leadership of the Democratic Party;
“(4) 2 members shall be appointed by the senior member of the leadership of the House of Representatives of the Republican Party;
“(5) 2 members shall be appointed by the senior member of the Senate leadership of the Republican Party; and
“(6) 2 members shall be appointed by the senior member of the leadership of the House of Representatives of the Democratic Party.
“(b)
“(1)
“(2)
“(3)
“(4)
“(5)
“(c)
“(a)
“(1) conduct an investigation that—
“(A) investigates relevant facts and circumstances relating to the terrorist attacks of September 11, 2001, including any relevant legislation, Executive order, regulation, plan, policy, practice, or procedure; and
“(B) may include relevant facts and circumstances relating to—
“(i) intelligence agencies;
“(ii) law enforcement agencies;
“(iii) diplomacy;
“(iv) immigration, nonimmigrant visas, and border control;
“(v) the flow of assets to terrorist organizations;
“(vi) commercial aviation;
“(vii) the role of congressional oversight and resource allocation; and
“(viii) other areas of the public and private sectors determined relevant by the Commission for its inquiry;
“(2) identify, review, and evaluate the lessons learned from the terrorist attacks of September 11, 2001, regarding the structure, coordination, management policies, and procedures of the Federal Government, and, if appropriate, State and local governments and nongovernmental entities, relative to detecting, preventing, and responding to such terrorist attacks; and
“(3) submit to the President and Congress such reports as are required by this title containing such findings, conclusions, and recommendations as the Commission shall determine, including proposing organization, coordination, planning, management arrangements, procedures, rules, and regulations.
“(b)
“(1) first review the information compiled by, and the findings, conclusions, and recommendations of, the Joint Inquiry; and
“(2) after that review pursue any appropriate area of inquiry if the Commission determines that—
“(A) the Joint Inquiry had not investigated that area;
“(B) the Joint Inquiry's investigation of that area had not been complete; or
“(C) new information not reviewed by the Joint Inquiry had become available with respect to that area.
“SEC. 605. POWERS OF COMMISSION.“(a)
“(1)
“(A) hold such hearings and sit and act at such times and places, take such testimony, receive such evidence, administer such oaths; and
“(B) subject to paragraph (2)(A), require, by subpoena or otherwise, the attendance and testimony of such witnesses and the production of such books, records, correspondence, memoranda, papers, and documents, as the Commission or such designated subcommittee or designated member may determine advisable.
“(2)
“(A)
“(i)
“(I) by the agreement of the chairman and the vice chairman; or
“(II) by the affirmative vote of 6 members of the Commission.
“(ii)
“(B)
“(i)
“(ii)
“(b)
“(c)
“(1)
“(2)
“(d)
“(1)
“(2)
“(e)
“(f)
“(a)
“(b)
“(1) hold public hearings and meetings to the extent appropriate; and
“(2) release public versions of the reports required under section 610(a) and (b).
“(c)
“(a)
“(1)
“(2)
“(A)
“(B)
“(b)
“(c)
“(a)
“(b)
“The appropriate Federal agencies or departments shall cooperate with the Commission in expeditiously providing to the Commission members and staff appropriate security clearances to the extent possible pursuant to existing procedures and requirements, except that no person shall be provided with access to classified information under this title without the appropriate security clearances.
“SEC. 610. REPORTS OF COMMISSION; TERMINATION.“(a)
“(b)
“(c)
“(1)
“(2)
“(a)
“(b)
“(c)
1 So in original. A closing parenthesis probably should precede the period.
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