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21, 1998, 112 Stat. 2681–611, which enacted sections 3345 to 3349d of Title 5, Government Organization and Employees, repealed former sections 3345 to 3349 of Title 5, and enacted provisions set out as a note under section 3345 of Title 5.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 infrastructure protection, cybersecurity, and other related programs of the De- partment.’’ Subsec. (d)(4). Pub. L. 115–387 substituted ‘‘An Assist- ant Secretary for the Countering Weapons of Mass De- struction Office’’ for ‘‘A Director for Domestic Nuclear Detection’’. 2016—Subsec. (a)(1)(C). Pub. L. 114–125, § 802(g)(1)(A)(ii)(I), substituted ‘‘A Commissioner of U.S. Customs and Border Protection.’’ for ‘‘An Under Sec- retary for Border and Transportation Security.’’ Subsec. (a)(1)(F). Pub. L. 114–328, § 1903(a)(1)(A), in- serted ‘‘, who shall be first assistant to the Deputy Secretary of Homeland Security for purposes of sub- chapter III of chapter 33 of title 5’’ before period at end. Subsec. (a)(1)(G). Pub. L. 114–125, § 802(g)(1)(A)(ii)(II), substituted ‘‘A Director of U.S. Immigration and Cus- toms Enforcement.’’ for ‘‘A Director of the Office of Counternarcotics Enforcement.’’ Subsec. (a)(1)(K). Pub. L. 114–328, § 1903(a)(1)(B), added subpar. (K). Subsec. (d)(5). Pub. L. 114–328, § 1901(a), added par. (5). Subsec. (g). Pub. L. 114–328, § 1903(a)(2), added subsec. (g). 2012—Subsec. (a). Pub. L. 112–166 redesignated intro- ductory provisions as introductory provisions of par. (1), inserted par. (1) heading, substituted ‘‘Except as provided under paragraph (2), there’’ for ‘‘There’’, re- designated pars. (1) to (10) as subpars. (A) to (J), respec- tively, of par. (1), and added par. (2). 2008—Subsec. (d)(3) to (5). Pub. L. 110–388 redesignated pars. (4) and (5) as (3) and (4), respectively, and struck out former par. (3) which read as follows: ‘‘A Chief Human Capital Officer.’’ 2007—Subsec. (a)(8) to (10). Pub. L. 110–53 added par. (8) and redesignated former pars. (8) and (9) as (9) and (10), respectively. 2006—Subsec. (a)(2) to (4). Pub. L. 109–295, § 612(b)(2), (3), redesignated pars. (3) to (5) as (2) to (4), respec- tively, and struck out former par. (2) which read as fol- lows: ‘‘An Under Secretary for Information Analysis and Infrastructure Protection.’’ Subsec. (a)(5). Pub. L. 109–295, § 612(b)(3), redesignated par. (6) as (5). Former par. (5) redesignated (4). Pub. L. 109–295, § 612(b)(1), added par. (5) and struck out former par. (5) which read as follows: ‘‘An Under Secretary for Emergency Preparedness and Response.’’ Subsec. (a)(6) to (10). Pub. L. 109–295, § 612(b)(3), redes- ignated pars. (7) to (10) as (6) to (9), respectively. Former par. (6) redesignated (5). Subsec. (d)(5). Pub. L. 109–347 added par. (5). 2004—Subsec. (a)(8) to (10). Pub. L. 108–458 added par. (8) and redesignated former pars. (8) and (9) as (9) and (10), respectively. Subsec. (d)(4), (5). Pub. L. 108–330, § 3(d)(1)(A)(i), redes- ignated par. (5) as (4) and struck out former par. (4) which read as follows: ‘‘A Chief Financial Officer.’’ Subsecs. (e), (f). Pub. L. 108–330, § 3(d)(1)(A)(ii), (iii), added subsec. (e) and redesignated former subsec. (e) as (f). 2003—Subsec. (b). Pub. L. 108–7 reenacted heading without change and amended text generally. Prior to amendment, text read as follows: ‘‘There is an Inspec- tor General, who shall be appointed as provided in sec- tion 3(a) of the Inspector General Act of 1978.’’ Statutory Notes and Related Subsidiaries CHANGE OF NAME Any reference to the Administrator of the Federal Emergency Management Agency in title VI of Pub. L. 109–295 or an amendment by title VI to be considered to refer and apply to the Director of the Federal Emer- gency Management Agency until Mar. 31, 2007, see sec- tion 612(f)(2) of Pub. L. 109–295, set out as a note under section 313 of this title. EFFECTIVE DATE OF 2012 AMENDMENT Pub. L. 112–166, § 6(a), Aug. 10, 2012, 126 Stat. 1295, pro- vided that: ‘‘The amendments made by section 2 [see Tables for classification] shall take effect 60 days after the date of enactment of this Act [Aug. 10, 2012] and apply to appointments made on and after that effective date, including any nomination pending in the Senate on that date.’’ UNDER SECRETARY RESPONSIBLE FOR OVERSEEING CRIT- ICAL INFRASTRUCTURE PROTECTION, CYBERSECURITY AND RELATED PROGRAMS AUTHORIZED TO SERVE AS DIRECTOR OF CYBERSECURITY AND INFRASTRUCTURE SECURITY For authorization of individual serving as Under Sec- retary responsible for overseeing critical infrastructure protection, cybersecurity and related programs on the day before Nov. 16, 2018, to continue to serve as Direc- tor of Cybersecurity and Infrastructure Security on and after such date, see section 2(b)(1) of Pub. L. 115–278, Nov. 16, 2018, 132 Stat. 4175, set out as a note under section 652 of this title. § 114. 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 Secu- rity Information (SSI) shall have at least one employee in that office with authority to co- ordinate and make determinations on behalf of the agency that such documents meet the cri- teria 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, co- ordinating 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 Coor- Page 23 TITLE 6—DOMESTIC SECURITY § 115 dinators 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 dur- ing 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 an- nually a similar report to the Committees on Appropriations of the Senate and the House of Representatives on the titles of all DHS docu- ments that are designated as SSI in their en- tirety during the period of January 1 through December 31 for the preceding year: Provided fur- ther, That the Secretary shall promulgate guid- ance that includes common but extensive exam- ples of SSI that further define the individual categories of information cited under 49 CFR 1520(b)(1) through (16) and eliminates judgment by covered persons in the application of the SSI marking: Provided further, That such guidance shall serve as the primary basis and authority for the marking of DHS information as SSI by covered persons. (Pub. L. 109–90, title V, § 537, Oct. 18, 2005, 119 Stat. 2088.) Editorial Notes REFERENCES IN TEXT This Act, referred to in text, is Pub. L. 109–90, Oct. 18, 2005, 119 Stat. 2064, known as the Department of Home- land Security Appropriations Act, 2006. For complete classification of this Act to the Code, see Tables. 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 com- prises this chapter. Statutory Notes and Related Subsidiaries APPLICABILITY OF THIRD PROVISO Pub. L. 114–113, div. F, title V, § 510(b), Dec. 18, 2015, 129 Stat. 2514, provided that: ‘‘The third proviso of sec- tion 537 of the Department of Homeland Security Ap- propriations Act, 2006 (6 U.S.C. 114), shall hereafter not apply with respect to funds made available in this or any other Act.’’ TSA SENSITIVE SECURITY INFORMATION Pub. L. 117–81, div. F, title LXIV, § 6423(a), Dec. 27, 2021, 135 Stat. 2419, provided that: ‘‘(1) IN GENERAL.—Not later than 90 days after the date of the enactment of this Act [Dec. 27, 2021], the Ad- ministrator of the Transportation Security Adminis- tration (TSA) shall— ‘‘(A) ensure clear and consistent designation of ‘Sensitive Security Information’, including reason- able security justifications for such designation; ‘‘(B) develop and implement a schedule to regularly review and update, as necessary, TSA Sensitive Secu- rity Information identification guidelines; ‘‘(C) develop a tracking mechanism for all Sensitive Security Information redaction and designation chal- lenges; ‘‘(D) document justifications for changes in posi- tion regarding Sensitive Security Information redactions and designations, and make such changes accessible to TSA personnel for use with relevant stakeholders, including air carriers, airport opera- tors, surface transportation operators, and State and local law enforcement, as necessary; and ‘‘(E) ensure that TSA personnel are adequately trained on appropriate designation policies. ‘‘(2) STAKEHOLDER OUTREACH.—Not later than 180 days after the date of the enactment of this Act, the Admin- istrator of the Transportation Security Administration (TSA) shall conduct outreach to relevant stakeholders described in paragraph (1)(D) that regularly are granted access to Sensitive Security Information to raise awareness of the TSA’s policies and guidelines gov- erning the designation and use of Sensitive Security In- formation.’’ § 115. Trade and customs revenue functions of the Department (a) Trade and customs revenue functions (1) Designation of appropriate official The Secretary shall designate an appro- priate senior official in the office of the Sec- retary who shall— (A) ensure that the trade and customs rev- enue functions of the Department are co- ordinated within the Department and with other Federal departments and agencies, and that the impact on legitimate trade is taken into account in any action impacting the functions; and (B) monitor and report to Congress on the Department’s mandate to ensure that the trade and customs revenue functions of the Department are not diminished, including how spending, operations, and personnel re- lated to these functions have kept pace with the level of trade entering the United States. (2) Director of Trade Policy There shall be a Director of Trade Policy (in this subsection referred to as the ‘‘Director’’), who shall be subject to the direction and con- trol of the official designated pursuant to paragraph (1). The Director shall— (A) advise the official designated pursuant to paragraph (1) regarding all aspects of De- partment policies relating to the trade and customs revenue functions of the Depart- ment; (B) coordinate the development of Depart- ment-wide policies regarding trade and cus- toms revenue functions and trade facilita- tion; and (C) coordinate the trade and customs rev- enue-related policies of the Department with the policies of other Federal departments and agencies. (b) Study; report (1) In general The Comptroller General of the United States shall conduct a study evaluating the extent to which the Department of Homeland Security is meeting its obligations under sec- tion 212(b) of this title with respect to the maintenance of customs revenue functions. (2) Analysis The study shall include an analysis of— (A) the extent to which the customs rev- enue functions carried out by the former