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6 U.S.C. § 114 — Department of Homeland Security Nonrecurring Expenses Fund

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

6 U.S.C. § 114 — Department of Homeland Security Nonrecurring Expenses Fund

**(a) Establishment** There is hereby established in the Treasury of the United States a fund to be known as the “Department of Homeland Security Nonrecurring Expenses Fund” (the Fund). **(b) Transfer of unobligated balances of expired discretionary funds** Unobligated balances of expired discretionary funds appropriated for this or any succeeding fiscal year from the General Fund of the Treasury to the Department of Homeland Security by this or any other Act may be transferred (not later than the end of the fifth fiscal year after the last fiscal year for which such funds are available for the purposes for which appropriated) into the Fund. **(c) Availability of funds** Amounts deposited in the Fund shall be available until expended, and in addition to such other funds as may be available for such purposes, for information technology system modernization and facilities infrastructure improvements necessary for the operation of the Department, subject to approval by the Office of Management and Budget. **(d) Limitation on apportionment or allotment of funds** Amounts in the Fund may not be apportioned or allotted for any fiscal year until after the date on which the Act making full-year appropriations for the Department of Homeland Security for the applicable fiscal year is enacted into law, subject to subsection (e). **(e) Notification of planned use of funds** The Committees on Appropriations of the House of Representatives and the Senate shall be notified at least 15 days in advance of the planned use of funds.

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Source location: Title 6, Chapter 1, § 114; chapter-001-homeland-security-organization.md

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

6 U.S.C. § 103a — Noncompliance with required reporting

**(a) Purpose** In the event that a covered entity that is required to submit a report under [section 681b(a) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title6-section681b/a&num=0&edition=prelim) fails to comply with the requirement to report, the Director may obtain information about the cyber incident or ransom payment by engaging the covered entity directly to request information about the cyber incident or ransom payment, and if the Director is unable to obtain information through such engagement, by issuing a subpoena to the covered entity, pursuant to subsection (c), to gather information sufficient to determine whether a covered cyber incident or ransom payment has occurred. **(b) Initial request for information** (1) **In general** — If the Director has reason to believe, whether through public reporting or other information in the possession of the Federal Government, including through analysis performed pursuant to paragraph (1) or (2) of [section 681a(a) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title6-section681a/a&num=0&edition=prelim), that a covered entity has experienced a covered cyber incident or made a ransom payment but failed to report such cyber incident or payment to the Agency in accordance with [section 681b(a) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title6-section681b/a&num=0&edition=prelim), the Director may request additional information from the covered entity to confirm whether or not a covered cyber incident or ransom payment has occurred. (2) **Treatment** — Information provided to the Agency in response to a request under paragraph (1) shall be treated as if it was submitted through the reporting procedures established in [section 68

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

6 U.S.C. § 124a — Sensitive Security Information

Using funds made available in this Act, the Secretary of Homeland Security shall provide that each office within the Department that handles documents marked as Sensitive Security Information (SSI) shall have at least one employee in that office with authority to coordinate and make determinations on behalf of the agency that such documents meet the criteria for marking as SSI: Provided, That not later than December 31, 2005, the Secretary shall submit to the Committees on Appropriations of the Senate and the House of Representatives: (1) Department-wide policies for designating, coordinating and marking documents as SSI; (2) Department-wide auditing and accountability procedures for documents designated and marked as SSI; (3) the total number of SSI Coordinators within the Department; and (4) the total number of staff authorized to designate SSI documents within the Department: Provided further, That not later than January 31, 2006, the Secretary shall provide to the Committees on Appropriations of the Senate and the House of Representatives the title of all DHS documents that are designated as SSI in their entirety during the period October 1, 2005, through December 31, 2005: Provided further, That not later than January 31 of each succeeding year, starting on January 31, 2007, the Secretary shall provide annually a similar report to the Committees on Appropriations of the Senate and the House of Representatives on the titles of all DHS documents that are designated as SSI in their entirety during the period of January 1 through December 31 for the preceding year: Provided further, That the Secretary shall promulgate guidance that includes common but extensive examples of SSI that further define the individual categories of information cited under 49 CFR 1520(b)(1) th

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

6 U.S.C. § 114 — Sensitive Security Information

Page 22 TITLE 6—DOMESTIC SECURITY § 114 Editorial Notes REFERENCES IN TEXT Sections 2 and 44 of title 14, referred to in subsec. (c), redesignated sections 102 and 302, respectively, of title 14 by Pub. L. 115–282, title I, §§ 103(b), 104(b), Dec. 4, 2018, 132 Stat. 4195, 4196, and references to sections 2 and 44 of title 14 deemed to refer to such redesignated sec- tions, see section 123(b)(1) of Pub. L. 115–282, set out as a References to Sections of Title 14 as Redesignated by Pub. L. 115–282 note preceding section 101 of Title 14, Coast Guard. This chapter, referred to in subsecs. (c) and (f), was in the original ‘‘this Act’’, meaning Pub. L. 107–296, Nov. 25, 2002, 116 Stat. 2135, known as the Homeland Security Act of 2002, which is classified principally to this chap- ter. For complete classification of this Act to the Code, see Short Title note set out under section 101 of this title and Tables. The Federal Vacancies Reform Act of 1998, referred to in subsec. (g)(3), is section 151(a) of title I of div. C of Pub. L. 105–277, Oct. 21, 1998, 112 Stat. 2681–611, which enacted sections 3345 to 3349d of Title 5, Government Organization and Employees, repealed former sections 3345 to 3349 of Title 5, and enacted provisions set out as a note under section 3345 of Title 5. For complete clas- sification of this Act to the Code, see Short Title of 1998 Amendment note set out under section 3301 of Title 5 and Tables. AMENDMENTS 2022—Subsec. (b). Pub. L. 117–286 substituted ‘‘chapter 4 of title 5.’’ for ‘‘the Inspector General Act of 1978 (5 U.S.C. App.).’’ 2018—Subsec. (a)(1)(H). Pub. L. 115–278 amended sub- par. (H) generally. Prior to amendment, subpar. (H) read as follows: ‘‘An Under Secretary responsible for overseeing critical infrastruc

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