6 U.S.C. § 361 — Office for State and Local Government Co-

Page 207 TITLE 6—DOMESTIC SECURITY § 361 (1) Designate the occupational series, grades, and number of acquisition positions through- out the Department to be included in the pro- gram and manage centrally such positions. (2) Establish and publish on the Depart- ment’s website eligibility criteria for can- didates to participate in the program. (3) Carry out recruitment efforts to attract candidates— (A) from institutions of higher education, including such institutions with established acquisition specialties and courses of study, historically Black colleges and universities, and Hispanic-serving institutions; (B) with diverse work experience outside of the Federal Government; or (C) with military service. (4) Hire eligible candidates for designated positions under the program. (5) Develop a structured program comprised of acquisition training, on-the-job experience, Department-wide rotations, mentorship, shad- owing, and other career development opportu- nities for program participants. (6) Provide, beyond required training estab- lished for program participants, additional specialized acquisition training, including small business contracting and innovative ac- quisition techniques training. (d) Reports Not later than one year after December 27, 2021, and annually thereafter through 2027, the Secretary shall submit to the Committee on Homeland Security of the House of Representa- tives and the Committee on Homeland Security and Governmental Affairs of the Senate a report on the acquisition professional career program. Each such report shall include the following in- formation: (1) The number of candidates approved for the program. (2) The number of candidates who com- menced participation in the program, includ- ing generalized information on such can- didates’ backgrounds with respect to edu- cation and prior work experience, but not in- cluding personally identifiable information. (3) A breakdown of the number of partici- pants hired under the program by type of ac- quisition position. (4) A list of Department components and of- fices that participated in the program and in- formation regarding length of time of each program participant in each rotation at such components or offices. (5) Program attrition rates and post-pro- gram graduation retention data, including in- formation on how such data compare to the prior year’s data, as available. (6) The Department’s recruiting efforts for the program. (7) The Department’s efforts to promote re- tention of program participants. (e) Definitions In this section: (1) Hispanic-serving institution The term ‘‘Hispanic-serving institution’’ has the meaning given such term in section 1101a of title 20. (2) Historically Black colleges and universities The term ‘‘historically Black colleges and universities’’ has the meaning given the term ‘‘part B institution’’ in section 1061(2) of title 20. (3) Institution of higher education The term ‘‘institution of higher education’’ has the meaning given such term in section 1001 of title 20. (Pub. L. 107–296, title VII, § 713, as added Pub. L. 117–81, div. F, title LXIV, § 6405(a), Dec. 27, 2021, 135 Stat. 2401.) SUBCHAPTER VIII—COORDINATION WITH NON-FEDERAL ENTITIES; INSPECTOR GENERAL; UNITED STATES SECRET SERVICE; COAST GUARD; GENERAL PRO- VISIONS PART A—COORDINATION WITH NON-FEDERAL ENTITIES § 361. Office for State and Local Government Co- ordination (a) Establishment There is established within the Office of the Secretary the Office for State and Local Govern- ment 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 Depart- ment relating to State and local government; (2) assess, and advocate for, the resources needed by State and local government to im- plement 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 meaning- ful input from State and local government to assist the development of the national strat- egy for combating terrorism and other home- land security activities. (Pub. L. 107–296, title VIII, § 801, Nov. 25, 2002, 116 Stat. 2220.) 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, pro- vided: 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 Govern- ment’s use of local partnerships to address homeland security challenges, it is hereby ordered as follows: SECTION 1. Policy. The purpose of this order is to maximize the Federal Government’s ability to develop local partnerships in the United States to support homeland security priorities. Partnerships are collabo- rative working relationships in which the goals, struc- ture, and roles and responsibilities of the relationships are mutually determined. Collaboration enables the Federal Government and its partners to use resources Page 208 TITLE 6—DOMESTIC SECURITY § 361 more efficiently, build on one another’s expertise, drive innovation, engage in collective action, broaden invest- ments to achieve shared goals, and improve perform- ance. Partnerships enhance our ability to address homeland security priorities, from responding to nat- ural disasters to preventing terrorism, by utilizing di- verse perspectives, skills, tools, and resources. The National Security Strategy emphasizes the im- portance of partnerships, underscoring that to keep our Nation safe ‘‘we must tap the ingenuity outside govern- ment 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 informa- tion sharing.’’ This approach recognizes that, given the complexities and range of challenges, we must institu- tionalize an all-of-Nation effort to address the evolving threats to the United States. SEC. 2. White House Homeland Security Partnership Council and Steering Committee. (a) White House Homeland Security Partnership Council. There is established a White House Homeland Security Partnership Council (Council) to foster local partner- ships—between the Federal Government and the pri- vate sector, nongovernmental organizations, founda- tions, community-based organizations, and State, local, tribal, and territorial government and law en- forcement—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 Com- mittee 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 mem- ber agency on the Steering Committee, with the excep- tion of the Office of the Director of National Intel- ligence, 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 Coun- cil, 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 Dep- uty agency head level, or that representative’s des- ignee, 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 partici- pate in Steering Committee meetings as appropriate. (d) Administration. The Chair or a designee shall con- vene meetings of the Council and Steering Committee, determine their agendas, and coordinate their work. The Council may establish subgroups consisting exclu- sively of Council members or their designees, as appro- priate. SEC. 3. Mission and Function of the Council and Steering Committee. (a) The Council shall, consistent with guid- ance from the Steering Committee: (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 oppor- tunities 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 ex- panding or building local homeland security partner- ships; (iv) raise awareness of local partnership best prac- tices that can support homeland security priorities; (v) as appropriate, conduct outreach to representa- tives of the private sector, nongovernmental organiza- tions, 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 find- ings, 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 sec- tion 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. SEC. 4. General Provisions. (a) The heads of agencies participating in the Steering Committee shall assist and provide information to the Council, consistent with applicable law, as may be necessary to implement this order. Each agency shall bear its own expense for par- ticipating in the Council. (b) Nothing in this order shall be construed to impair or otherwise affect: (i) the authority granted by law to an executive de- partment, agency, or the head thereof; (ii) the functions of the Director of the Office of Man- agement and Budget relating to budgetary, administra- tive, 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 ap- propriations. (d) This order is not intended to, and does not, create any right or benefit, substantive or procedural, enforce- able 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 section 3021 of Title 50, War and National Defense.] Page 209 TITLE 6—DOMESTIC SECURITY § 382 PART B—INSPECTOR GENERAL § 371. Repealed. Pub. L. 108–7, div. L, § 104(c)(1), Feb. 20, 2003, 117 Stat. 531 Section, Pub. L. 107–296, title VIII, § 811, Nov. 25, 2002, 116 Stat. 2221, related to authority of Secretary of Homeland Security with respect to Inspector General. 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 main- tained as a distinct entity within the Depart- ment, including the functions of the Secretary of the Treasury relating thereto. (Pub. L. 107–296, title VIII, § 821, Nov. 25, 2002, 116 Stat. 2224.) § 382. Use of proceeds derived from criminal in- vestigations (a) United States Secret Service use of proceeds derived from criminal investigations During fiscal year 2014 and thereafter, with re- spect to any undercover investigative operation of the United States Secret Service (hereafter referred to in this section as the ‘‘Secret Serv- ice’’) 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 sections 1341 and 3324 of title 31, sec- tion 8141 of title 40, sections 6301(a), (b)(1) to (3) and 6306(a) of title 41, and section 3901 and chapter 45 of title 41; (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 busi- ness entities as part of such undercover oper- ation, and to operate such corporations or business entities on a commercial basis, with- out regard to sections 9102 and 9103 of title 31; (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 section 648 of title 18 and section 3302 of title 31; and (4) proceeds from such undercover operation may be used to offset necessary and reason- able expenses incurred in such operation, without regard to section 3302 of title 31. (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 cer- tification shall continue in effect for the dura- tion 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 re- spect to which an action is authorized and car- ried out under paragraphs (3) and (4) of sub- section (a) are no longer necessary for the con- duct of such operation, such proceeds or the bal- ance 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 dis- position of certain business entities If a corporation or business entity established or acquired as part of an undercover investiga- tive operation under paragraph (2) of subsection (a) with a net value of over $50,000 is to be liq- uidated, sold, or otherwise disposed of, the Se- cret Service, as much in advance as the Director or designee determines is practicable, shall re- port the circumstance to the Secretary of Home- land 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 investiga- tive operations for which a written certification was made pursuant to subsection (b) on a quar- terly basis and shall report the results of the au- dits in writing to the Secretary of Homeland Se- curity. (2) The Secretary of Homeland Security shall annually submit to the Committees on Appro- priations of the Senate and House of Represent- atives, at the time that the President’s budget is submitted under section 1105(a) of title 31, a summary of such audits. (Pub. L. 109–295, title V, § 532, Oct. 4, 2006, 120 Stat. 1384; Pub. L. 110–161, div. E, title V, § 527, Dec. 26, 2007, 121 Stat. 2074; Pub. L. 110–329, div. D, title V, § 520, Sept. 30, 2008, 122 Stat. 3684; Pub. L. 111–83, title V, § 519, Oct. 28, 2009, 123 Stat. 2171; Pub. L. 112–10, div. B, title VI, § 1652, Apr. 15, 2011, 125 Stat. 147; Pub. L. 112–74, div. D, title V, § 518, Dec. 23, 2011, 125 Stat. 972; Pub. L. 113–6, div. D, title V, § 518, Mar. 26, 2013, 127 Stat. 369; Pub. L. 113–76, div. F, title V, § 518, Jan. 17, 2014, 128 Stat. 272.) 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 (41 U.S.C. 11(a) and 22),’’ and ‘‘section 3901 and chapter 45 of title 41’’ substituted for ‘‘sections 304(a) and 305 of the Federal Property and Administrative Services Act of 1949 (41 U.S.C 254(a) and 255)’’ on authority of Pub. L. 111–350, § 6(c), Jan. 4, 2011, 124 Stat. 3854, which Act en- acted Title 41, Public Contracts. 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.