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6 U.S.C. § 312 — Reports and implementation plans

Federal law — U.S. Code and appendices · legal_authorities

6 U.S.C. § 312 — Reports and implementation plans

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Source file: Laws/federal/codes/united-states-code/title-6/section-312-reports-and-implementation-plans--eebae4ec5c.md
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Source location: Title 6, Chapter 1, § 312; chapter-001-homeland-security-organization.md

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**(a) Division of funds** The Secretary, not later than 120 days after the effective date of this chapter, shall submit to the Committees on Appropriations and the Judiciary of the House of Representatives and of the Senate a report on the proposed division and transfer of funds, including unexpended funds, appropriations, and fees, between the Bureau of Citizenship and Immigration Services and the Bureau of Border Security. **(b) Division of personnel** The Secretary, not later than 120 days after the effective date of this chapter, shall submit to the Committees on Appropriations and the Judiciary of the House of Representatives and of the Senate a report on the proposed division of personnel between the Bureau of Citizenship and Immigration Services and the Bureau of Border Security. **(c) Implementation plan** (1) **In general** — The Secretary, not later than 120 days after the effective date of this chapter, and every 6 months thereafter until the termination of fiscal year 2005, shall submit to the Committees on Appropriations and the Judiciary of the House of Representatives and of the Senate an implementation plan to carry out this chapter. (2) **Contents** — The implementation plan should include details concerning the separation of the Bureau of Citizenship and Immigration Services and the Bureau of Border Security, including the following: (A) Organizational structure, including the field structure. (B) Chain of command. (C) Procedures for interaction among such bureaus. (D) Fraud detection and investigation. (E) The processing and handling of removal proceedings, including expedited removal and applications for relief from removal. (F) Recommendations for conforming amendments to the Immigration and Nationality Act ([8 U.S.C. 1101](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title8-section1101&num=0&edition=prelim) et seq.). (G) Establishment of a transition team. (H) Methods to phase in the costs of separating the administrative support systems of the Immigration and Naturalization Service in order to provide for separate administrative support systems for the Bureau of Citizenship and Immigration Services and the Bureau of Border Security. **(d) Comptroller General studies and reports** (1) **Status reports on transition** — Not later than 18 months after the date on which the transfer of functions specified under [section 251 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title6-section251&num=0&edition=prelim) takes effect, and every 6 months thereafter, until full implementation of this part has been completed, the Comptroller General of the United States shall submit to the Committees on Appropriations and on the Judiciary of the House of Representatives and the Senate a report containing the following: (A) A determination of whether the transfers of functions made by parts D and E of this subchapter have been completed, and if a transfer of functions has not taken place, identifying the reasons why the transfer has not taken place. (B) If the transfers of functions made by parts D and E of this subchapter have been completed, an identification of any issues that have arisen due to the completed transfers. (C) An identification of any issues that may arise due to any future transfer of functions. (2) **Report on management** — Not later than 4 years after the date on which the transfer of functions specified under [section 251 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title6-section251&num=0&edition=prelim) takes effect, the Comptroller General of the United States shall submit to the Committees on Appropriations and on the Judiciary of the House of Representatives and the Senate a report, following a study, containing the following: (A) Determinations of whether the transfer of functions from the Immigration and Naturalization Service to the Bureau of Citizenship and Immigration Services and the Bureau of Border Security have improved, with respect to each function transferred, the following: (i) Operations. (ii) Management, including accountability and communication. (iii) Financial administration. (iv) Recordkeeping, including information management and technology. (B) A statement of the reasons for the determinations under subparagraph (A). (C) Any recommendations for further improvements to the Bureau of Citizenship and Immigration Services and the Bureau of Border Security. (3) **Report on fees** — Not later than 1 year after November 25, 2002, the Comptroller General of the United States shall submit to the Committees on the Judiciary of the House of Representatives and of the Senate a report examining whether the Bureau of Citizenship and Immigration Services is likely to derive sufficient funds from fees to carry out its functions in the absence of appropriated funds.

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Federal law — U.S. Code and appendices · legal_authorities

6 U.S.C. § 251 — Prevention of international child abduction

**(a) Program established** The Secretary, through the Commissioner of U.S. Customs and Border Protection (referred to in this section as “CBP”), in coordination with the Secretary of State, the Attorney General, and the Director of the Federal Bureau of Investigation, shall establish a program that— (1) seeks to prevent a child (as defined in [section 1204(b)(1) of title 18](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title18-section1204/b/1&num=0&edition=prelim)) from departing from the territory of the United States if a parent or legal guardian of such child presents a court order from a court of competent jurisdiction prohibiting the removal of such child from the United States to a CBP Officer in sufficient time to prevent such departure for the duration of such court order; and (2) leverages other existing authorities and processes to address the wrongful removal and return of a child. **(b) Interagency coordination** (1) **In general** — The Secretary of State shall convene and chair an interagency working group to prevent international parental child abduction. The group shall be composed of presidentially appointed, Senate confirmed officials from— (A) the Department of State; (B) the Department of Homeland Security, including U.S. Customs and Border Protection and U.S. Immigration and Customs Enforcement; and (C) the Department of Justice, including the Federal Bureau of Investigation. (2) **Department of Defense** — The Secretary of Defense shall designate an official within the Department of Defense— (A) to coordinate with the Department of State on international child abduction issues; and (B) to oversee activities designed to prevent or resolve international child abduction cases relating to active duty military servic

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Federal law — U.S. Code and appendices · legal_authorities

6 U.S.C. § 271 — U.S. Immigration and Customs Enforcement

**(a) Establishment** (1) **In general** — There shall be in the Department of Homeland Security a bureau to be known as the “Bureau of Border Security”. (2) **Assistant Secretary** — The head of U.S. Immigration and Customs Enforcement shall be the Assistant Secretary of U.S. Immigration and Customs Enforcement, who— (A) shall report directly to the Under Secretary for Border and Transportation Security; and (B) shall have a minimum of 5 years professional experience in law enforcement, and a minimum of 5 years of management experience. (3) **Functions** — The Assistant Secretary of U.S. Immigration and Customs Enforcement— (A) shall establish the policies for performing such functions as are— (i) transferred to the Under Secretary for Border and Transportation Security by [section 251 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title6-section251&num=0&edition=prelim) and delegated to the Assistant Secretary by the Under Secretary for Border and Transportation Security; or (ii) otherwise vested in the Assistant Secretary by law; (B) shall oversee the administration of such policies; and (C) shall advise the Under Secretary for Border and Transportation Security with respect to any policy or operation of U.S. Immigration and Customs Enforcement affecting U.S. Citizenship and Immigration Services established under part E of this subchapter, including potentially conflicting policies or operations. (4) **Program to collect information relating to foreign students** — The Assistant Secretary of U.S. Immigration and Customs Enforcement shall be responsible for administering the program to collect information relating to nonimmigrant foreign students and other exchange program participants described in [section 137

Source: Supplied U.S. Code snapshot — release unconfirmed · 6 U.S.C. § 271

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Federal law — U.S. Code and appendices · legal_authorities

6 U.S.C. § 542 — Federal air marshal program

(1) **Sense of Congress** — It is the sense of Congress that the Federal air marshal program is critical to aviation security. (2) **Limitation on statutory construction** — Nothing in this chapter, including any amendment made by this chapter, shall be construed as preventing the Under Secretary of Transportation for Security from implementing and training Federal air marshals.

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Federal law — U.S. Code and appendices · legal_authorities

8 U.S.C. § 1101 — Definitions

**(a)** As used in this chapter— (1) The term “administrator” means the official designated by the Secretary of State pursuant to [section 1104(b) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title8-section1104/b&num=0&edition=prelim). (2) The term “advocates” includes, but is not limited to, advises, recommends, furthers by overt act, and admits belief in. (3) The term “alien” means any person not a citizen or national of the United States. (4) The term “application for admission” has reference to the application for admission into the United States and not to the application for the issuance of an immigrant or nonimmigrant visa. (5) The term “Attorney General” means the Attorney General of the United States. (6) The term “border crossing identification card” means a document of identity bearing that designation issued to an alien who is lawfully admitted for permanent residence, or to an alien who is a resident in foreign contiguous territory, by a consular officer or an immigration officer for the purpose of crossing over the borders between the United States and foreign contiguous territory in accordance with such conditions for its issuance and use as may be prescribed by regulations. Such regulations shall provide that (A) each such document include a biometric identifier (such as the fingerprint or handprint of the alien) that is machine readable and (B) an alien presenting a border crossing identification card is not permitted to cross over the border into the United States unless the biometric identifier contained on the card matches the appropriate biometric characteristic of the alien. (7) The term “clerk of court” means a clerk of a naturalization court. (8) The terms “Commissioner” and “Deputy Commissioner” mean the Co

Source: Supplied U.S. Code snapshot — release unconfirmed · 8 U.S.C. § 1101

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Federal law — U.S. Code and appendices · legal_authorities

6 U.S.C. § 101 — Cyber incident review

**(a) Activities** The Center shall— (1) receive, aggregate, analyze, and secure, using processes consistent with the processes developed pursuant to the Cybersecurity Information Sharing Act of 2015 ([6 U.S.C. 1501](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title6-section1501&num=0&edition=prelim) et seq.) reports from covered entities related to a covered cyber incident to assess the effectiveness of security controls, identify tactics, techniques, and procedures adversaries use to overcome those controls and other cybersecurity purposes, including to assess potential impact of cyber incidents on public health and safety and to enhance situational awareness of cyber threats across critical infrastructure sectors; (2) coordinate and share information with appropriate Federal departments and agencies to identify and track ransom payments, including those utilizing virtual currencies; (3) leverage information gathered about cyber incidents to— (A) enhance the quality and effectiveness of information sharing and coordination efforts with appropriate entities, including agencies, sector coordinating councils, Information Sharing and Analysis Organizations, State, local, Tribal, and territorial governments, technology providers, critical infrastructure owners and operators, cybersecurity and cyber incident response firms, and security researchers; and (B) provide appropriate entities, including sector coordinating councils, Information Sharing and Analysis Organizations, State, local, Tribal, and territorial governments, technology providers, cybersecurity and cyber incident response firms, and security researchers, with timely, actionable, and anonymized reports of cyber incident campaigns and trends, including, to the maximum extent practicable

Source: Supplied U.S. Code snapshot — release unconfirmed · 6 U.S.C. § 101

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Federal law — U.S. Code and appendices · legal_authorities

38 U.S.C. § 8117 — Emergency preparedness

**(a) Readiness of Department Medical Centers.—** (1) The Secretary shall take appropriate actions to provide for the readiness of Department medical centers to protect the patients and staff of such centers from a public health emergency (as defined in section 2801 of the Public Health Service Act) or otherwise to respond to such an emergency so as to enable such centers to fulfill their obligations as part of the Federal response to such emergencies. (2) Actions under paragraph (1) shall include— (A) the provision of decontamination equipment and personal protection equipment at Department medical centers; (B) the provision of training in the use of such equipment to staff of such centers; (C) organizing, training, and equipping the staff of such centers to support the activities carried out by the Secretary of Health and Human Services under section 2801 of the Public Health Service Act in the event of a public health emergency and incidents covered by the National Response Plan developed pursuant to section 502(6) 11 See References in Text note below. of the Homeland Security Act of 2002, or any successor plan; and (D) providing medical logistical support to the National Disaster Medical System and the Secretary of Health and Human Services as necessary, on a reimbursable basis, and in coordination with other designated Federal agencies. **(b) Security at Department Medical and Research Facilities.—** (1) The Secretary shall take appropriate actions to provide for the security of Department medical centers and research facilities, including staff and patients at such centers and facilities. (2) In taking actions under paragraph (1), the Secretary shall take into account the results of the evaluation of the security needs at Department medical center

Source: Supplied U.S. Code snapshot — release unconfirmed · 38 U.S.C. § 8117

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Federal law — U.S. Code and appendices · legal_authorities

6 U.S.C. § 317 — Definitions

In this subchapter— (1) the term “Administrator” means the Administrator of the Agency; (2) the term “Agency” means the Federal Emergency Management Agency; (3) the term “catastrophic incident” means any natural disaster, act of terrorism, or other man-made disaster that results in extraordinary levels of casualties or damage or disruption severely affecting the population (including mass evacuations), infrastructure, environment, economy, national morale, or government functions in an area; (4) the terms “credentialed” and “credentialing” mean having provided, or providing, respectively, documentation that identifies personnel and authenticates and verifies the qualifications of such personnel by ensuring that such personnel possess a minimum common level of training, experience, physical and medical fitness, and capability appropriate for a particular position in accordance with standards created under [section 320 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title6-section320&num=0&edition=prelim); (5) the term “Federal coordinating officer” means a Federal coordinating officer as described in [section 5143 of title 42](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section5143&num=0&edition=prelim); (6) the term “interoperable” has the meaning given the term “interoperable communications” under [section 194(g)(1) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title6-section194/g/1&num=0&edition=prelim); (7) the term “National Incident Management System” means a system to enable effective, efficient, and collaborative incident management; (8) the term “National Response Plan” means the National Response Plan or any successor plan prepared under section 314(a)(6) 11 See Reference

Source: Supplied U.S. Code snapshot — release unconfirmed · 6 U.S.C. § 317

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Federal law — U.S. Code and appendices · legal_authorities

6 U.S.C. § 320 — Authority and responsibilities

**(a) In general** The Administrator shall provide Federal leadership necessary to prepare for, protect against, respond to, recover from, or mitigate against a natural disaster, act of terrorism, or other man-made disaster, including— (1) helping to ensure the effectiveness of emergency response providers to terrorist attacks, major disasters, and other emergencies; (2) with respect to the Nuclear Incident Response Team (regardless of whether it is operating as an organizational unit of the Department pursuant to this subchapter)— (A) establishing standards and certifying when those standards have been met; (B) conducting joint and other exercises and training and evaluating performance; and (C) providing funds to the Department of Energy and the Environmental Protection Agency, as appropriate, for homeland security planning, exercises and training, and equipment; (3) providing the Federal Government’s response to terrorist attacks and major disasters, including— (A) managing such response; (B) directing the Domestic Emergency Support Team and (when operating as an organizational unit of the Department pursuant to this subchapter) the Nuclear Incident Response Team; (C) overseeing the Metropolitan Medical Response System; and (D) coordinating other Federal response resources, including requiring deployment of the Strategic National Stockpile, in the event of a terrorist attack or major disaster; (4) aiding the recovery from terrorist attacks and major disasters; (5) building a comprehensive national incident management system with Federal, State, and local government personnel, agencies, and authorities, to respond to such attacks and disasters; (6) consolidating existing Federal Government emergency response plans into a single, coordinated

Source: Supplied U.S. Code snapshot — release unconfirmed · 6 U.S.C. § 320

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Federal law — U.S. Code and appendices · legal_authorities

6 U.S.C. § 321b — Preserving the Federal Emergency Management Agency

**(a) Distinct entity** The Agency shall be maintained as a distinct entity within the Department. **(b) Reorganization** [Section 452 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title6-section452&num=0&edition=prelim) shall not apply to the Agency, including any function or organizational unit of the Agency. **(c) Prohibition on changes to missions** (1) **In general** — The Secretary may not substantially or significantly reduce, including through a Joint Task Force established under [section 348 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title6-section348&num=0&edition=prelim), the authorities, responsibilities, or functions of the Agency or the capability of the Agency to perform those missions, authorities, responsibilities,11 So in original. Probably should be “authorities, responsibilities, or functions”. except as otherwise specifically provided in an Act enacted after October 4, 2006. (2) **Certain transfers prohibited** — No asset, function, or mission of the Agency may be diverted to the principal and continuing use of any other organization, unit, or entity of the Department, including a Joint Task Force established under [section 348 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title6-section348&num=0&edition=prelim), except for details or assignments that do not reduce the capability of the Agency to perform its missions. **(d) Reprogramming and transfer of funds** In reprogramming or transferring funds, the Secretary shall comply with any applicable provisions of any Act making appropriations for the Department for fiscal year 2007, or any succeeding fiscal year, relating to the reprogramming or transfer of funds.

Source: Supplied U.S. Code snapshot — release unconfirmed · 6 U.S.C. § 321b

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Federal law — U.S. Code and appendices · legal_authorities

6 U.S.C. § 711 — Definitions

In this title— 11 See References in Text note below. (1) the term “Administrator” means the Administrator of the Agency; (2) the term “Agency” means the Federal Emergency Management Agency; (3) the term “appropriate committees of Congress” means— (A) the Committee on Homeland Security and Governmental Affairs of the Senate; and (B) those committees of the House of Representatives that the Speaker of the House of Representatives determines appropriate; (4) the term “catastrophic incident” means any natural disaster, act of terrorism, or other man-made disaster that results in extraordinary levels of casualties or damage or disruption severely affecting the population (including mass evacuations), infrastructure, environment, economy, national morale, or government functions in an area; (5) the term “Department” means the Department of Homeland Security; (6) the terms “emergency” and “major disaster” have the meanings given the terms in [section 5122 of title 42](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section5122&num=0&edition=prelim); (7) the term “emergency management” means the governmental function that coordinates and integrates all activities necessary to build, sustain, and improve the capability to prepare for, protect against, respond to, recover from, or mitigate against threatened or actual natural disasters, acts of terrorism, or other man-made disasters; (8) the term “emergency response provider” has the meaning given the term in [section 101 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title6-section101&num=0&edition=prelim); (9) the term “Federal coordinating officer” means a Federal coordinating officer as described in [section 5143 of title 42](https://uscode.house.gov/view.xhtml?

Source: Supplied U.S. Code snapshot — release unconfirmed · 6 U.S.C. § 711

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