6 U.S.C. § 101 — Definitions

Page 6 TITLE 6—DOMESTIC SECURITY § 101 1 See References in Text note below. 2 So in original. A closing parenthesis probably should precede the period. Sec. 677f. Authorization of appropriations. 677g. Sunset. PART D—CYBER INCIDENT REPORTING 681. Definitions. 681a. Cyber incident review. 681b. Required reporting of certain cyber incidents. 681c. Voluntary reporting of other cyber incidents. 681d. Noncompliance with required reporting. 681e. Information shared with or provided to the Federal Government. 681f. Cyber Incident Reporting Council. 681g. Federal sharing of incident reports. § 101. Definitions 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 con- cerned. (3) The term ‘‘assets’’ includes contracts, fa- cilities, property, records, unobligated or un- expended 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 De- partment of Homeland Security. (6) The term ‘‘emergency response pro- viders’’ includes Federal, State, and local gov- ernmental and nongovernmental emergency public safety, fire, law enforcement, emer- gency response, emergency medical (including hospital emergency facilities), and related per- sonnel, agencies, and authorities. (7) The term ‘‘EMP’’ means an electro- magnetic pulse caused by a nuclear device or nonnuclear device, including such a pulse caused by an act of terrorism. (8) The term ‘‘executive agency’’ means an executive agency and a military department, as defined, respectively, in sections 105 and 102 of title 5. (9) The term ‘‘functions’’ includes authori- ties, powers, rights, privileges, immunities, programs, projects, activities, duties, and re- sponsibilities. (10) The term ‘‘GMD’’ means a geomagnetic disturbance caused by a solar storm or an- other naturally occurring phenomenon. (11) The term ‘‘intelligence component of the Department’’ means any element or entity of the Department that collects, gathers, proc- esses, analyzes, produces, or disseminates in- telligence information within the scope of the information sharing environment, including homeland security information, terrorism in- formation, and weapons of mass destruction information, or national intelligence, as de- fined 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 De- fense or Secretary of the Navy pursuant to section 3 1 of title 14, except that nothing in this paragraph shall affect or diminish the authority and responsibilities of the Com- mandant of the Coast Guard to command or control the Coast Guard as an armed force or the authority of the Director of National In- telligence with respect to the Coast Guard as an element of the intelligence community (as defined under section 3003(4) of title 50.2 (12) The term ‘‘key resources’’ means pub- licly or privately controlled resources essen- tial to the minimal operations of the economy and government. (13) The term ‘‘local government’’ means— (A) a county, municipality, city, town, township, local public authority, school dis- trict, special district, intrastate district, council of governments (regardless of wheth- er the council of governments is incor- porated as a nonprofit corporation under State law), regional or interstate govern- ment entity, or agency or instrumentality of a local government; (B) an Indian tribe or authorized tribal or- ganization, or in Alaska a Native village or Alaska Regional Native Corporation; and (C) a rural community, unincorporated town or village, or other public entity. (14) The term ‘‘major disaster’’ has the meaning given in section 5122(2) of title 42. (15) The term ‘‘personnel’’ means officers and employees. (16) The term ‘‘Secretary’’ means the Sec- retary of Homeland Security. (17) 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 Com- monwealth of the Northern Mariana Islands, and any possession of the United States. (18) The term ‘‘terrorism’’ means any activ- ity that— (A) involves an act that— (i) is dangerous to human life or poten- tially 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 pop- ulation; (ii) to influence the policy of a govern- ment by intimidation or coercion; or (iii) to affect the conduct of a govern- ment by mass destruction, assassination, or kidnapping. (19)(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 Is- lands, Guam, American Samoa, the Common- wealth of the Northern Mariana Islands, any possession of the United States, and any wa- ters within the jurisdiction of the United States. Page 7 TITLE 6—DOMESTIC SECURITY § 101 (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 Nation- ality Act [8 U.S.C. 1101 et seq.] or any other immigration or nationality law. (20) The term ‘‘voluntary preparedness standards’’ means a common set of criteria for preparedness, disaster management, emer- gency 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 Pro- grams (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; Pub. L. 114–328, div. A, title XIX, § 1913(a)(1), Dec. 23, 2016, 130 Stat. 2684.) Editorial Notes REFERENCES IN TEXT This 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 com- plete classification of this Act to the Code, see Short Title note set out below and Tables. Section 3 of title 14, referred to in par. (11)(B), was re- designated section 103 of title 14 by Pub. L. 115–282, title I, § 103(b), Dec. 4, 2018, 132 Stat. 4195, and references to section 3 of title 14 deemed to refer to such redesig- nated section, see section 123(b)(1) of Pub. L. 115–282, set out as a References to Sections of Title 14 as Redes- ignated by Pub. L. 115–282 note preceding section 101 of Title 14, Coast Guard. The Immigration and Nationality Act, referred to in par. (19)(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. AMENDMENTS 2016—Pars. (7) to (20). Pub. L. 114–328 added par. (7), redesignated former pars. (7) and (8) as (8) and (9), re- spectively, added par. (10), and redesignated former pars. (9) to (18) as (11) to (20), respectively. 2007—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,’’. Statutory Notes and Related Subsidiaries EFFECTIVE DATE Pub. L. 107–296, § 4, Nov. 25, 2002, 116 Stat. 2142, pro- vided that: ‘‘This Act [see Tables for classification] shall take effect 60 days after the date of enactment [Nov. 25, 2002].’’ SHORT TITLE OF 2024 AMENDMENT Pub. L. 118–186, § 1, Dec. 23, 2024, 138 Stat. 2636, pro- vided that: ‘‘This Act [amending section 182 of this title and enacting provisions set out as notes under section 182 of this title] may be cited as the ‘Detection Equip- ment and Technology Evaluation to Counter the Threat of Fentanyl and Xylazine Act of 2024’ or the ‘DETECT Fentanyl and Xylazine Act of 2024’.’’ Pub. L. 118–165, § 1, Dec. 23, 2024, 138 Stat. 2581, pro- vided that: ‘‘This Act [amending section 609 of this title] may be cited as the ‘First Responder Access to Innovative Technologies Act’.’’ Pub. L. 118–103, § 1, Oct. 1, 2024, 138 Stat. 1584, provided that: ‘‘This Act [amending section 348 of this title and enacting provisions set out as a note under section 348 of this title] may be cited as the ‘DHS Joint Task Forces Reauthorization Act of 2024’.’’ Pub. L. 118–96, § 1, Oct. 1, 2024, 138 Stat. 1569, provided that: ‘‘This Act [enacting section 258 of this title, amending sections 252 and 253 of this title, and enacting provisions set out as notes under sections 252 and 258 of this title] may be cited as the ‘IMPACTT Human Traf- ficking Act’.’’ Pub. L. 118–43, § 1, Mar. 18, 2024, 138 Stat. 453, provided that: ‘‘This Act [enacting section 226 of this title] may be cited as the ‘Eradicating Narcotic Drugs and Formu- lating Effective New Tools to Address National Yearly Losses of life Act’ or the ‘END FENTANYL Act’.’’ SHORT TITLE OF 2022 AMENDMENT Pub. L. 117–322, § 1, Dec. 27, 2022, 136 Stat. 4433, pro- vided that: ‘‘This Act [enacting sections 242a and 242b of this title and provisions set out as notes under sec- tions 242 and 242a of this title] may be cited as the ‘Countering Human Trafficking Act of 2021’.’’ Pub. L. 117–263, div. G, title LXXI, § 7105(a), Dec. 23, 2022, 136 Stat. 3622, provided that: ‘‘This section [enact- ing section 475 of this title] may be cited as the ‘Transnational Criminal Investigative Unit Stipend Act’.’’ Pub. L. 117–263, div. G, title LXXI, § 7111(a), Dec. 23, 2022, 136 Stat. 3625, provided that: ‘‘This section [amending section 348 of this title] may be cited as the ‘DHS Joint Task Forces Reauthorization Act of 2022’.’’ Pub. L. 117–248, § 1, Dec. 20, 2022, 136 Stat. 2348, pro- vided that: ‘‘This Act [enacting section 323 of this title] may be cited as the ‘Protecting Firefighters from Ad- verse Substances Act’ or the ‘PFAS Act’.’’ Pub. L. 117–150, § 1, June 21, 2022, 136 Stat. 1295, pro- vided that: ‘‘This Act [amending sections 651 and 659 of this title] may be cited as the ‘State and Local Govern- ment Cybersecurity Act of 2021’.’’ Pub. L. 117–130, § 1, June 6, 2022, 136 Stat. 1229, pro- vided that: ‘‘This Act [amending sections 112 and 313 of this title] may be cited as the ‘Homeland Security for Children Act’.’’ Pub. L. 117–103, div. Y, § 101, Mar. 15, 2022, 136 Stat. 1038, provided that: ‘‘This division [enacting part D of subchapter XVIII of this chapter and section 665j of this title, amending section 659 of this title, and enacting provisions set out as notes under sections 652 and 665j of this title] may be cited as the ‘Cyber Incident Re- porting for Critical Infrastructure Act of 2022’.’’ SHORT TITLE OF 2021 AMENDMENT Pub. L. 117–58, div. G, title VI, § 70601, Nov. 15, 2021, 135 Stat. 1267, provided that: ‘‘This subtitle [subtitle A (§§ 70601, 70602) of title VI of div. G of Pub. L. 117–58, en- acting part C of subchapter XVIII of this chapter] may be cited as the ‘Cyber Response and Recovery Act’.’’ Pub. L. 117–58, div. G, title VI, § 70611, Nov. 15, 2021, 135 Stat. 1272, provided that: ‘‘This subtitle [subtitle B (§§ 70611, 70612) of title VI of div. G of Pub. L. 117–58, en- acting section 665g of this title] may be cited as the ‘State and Local Cybersecurity Improvement Act’.’’ SHORT TITLE OF 2020 AMENDMENT Pub. L. 116–260, div. U, title III, § 301, Dec. 27, 2020, 134 Stat. 2291, provided that: ‘‘This title [enacting section 216 of this title] may be cited as the ‘Synthetic Opioid Exposure Prevention and Training Act’.’’ Pub. L. 116–260, div. U, title VI, § 601, Dec. 27, 2020, 134 Stat. 2294, provided that: ‘‘This title [enacting section 124m–1 of this title and provisions set out as a note under section 124m–1 of this title] may be cited as the ‘Counter Threats Advisory Board Act of 2019’.’’ Page 8 TITLE 6—DOMESTIC SECURITY § 101 Pub. L. 116–260, div. U, title VII, § 701(a), Dec. 27, 2020, 134 Stat. 2295, provided that: ‘‘This title [enacting sec- tion 195g of this title] may be cited as the ‘DHS Coun- tering Unmanned Aircraft Systems Coordinator Act’.’’ Pub. L. 116–260, div. U, title IX, § 901, Dec. 27, 2020, 134 Stat. 2297, provided that: ‘‘This title [enacting section 665 of this title, amending sections 609 and 652 of this title, and enacting provisions set out as notes under section 665 of this title] may be cited as the ‘DOTGOV Online Trust in Government Act of 2020’ or the ‘DOTGOV Act of 2020’.’’ Pub. L. 116–116, § 1, Mar. 2, 2020, 134 Stat. 110, provided that: ‘‘This Act [amending section 124h of this title and enacting provisions set out as a note under section 121 of this title] may be cited as the ‘DHS Field Engage- ment Accountability Act’.’’ Pub. L. 116–108, § 1, Jan. 24, 2020, 133 Stat. 3294, pro- vided that: ‘‘This Act [enacting section 609a of this title and amending section 603 of this title] may be cited as the ‘Securing American Nonprofit Organiza- tions Against Terrorism Act of 2019’.’’ SHORT TITLE OF 2019 AMENDMENT Pub. L. 116–94, div. L, § 101, Dec. 20, 2019, 133 Stat. 3089, provided that: ‘‘This division [amending section 659 of this title] may be cited as the ‘DHS Cyber Hunt and In- cident Response Teams Act of 2019’.’’ Pub. L. 116–2, § 1, Jan. 18, 2019, 133 Stat. 5, provided that: ‘‘This Act [amending provisions set out as a note under section 621 of this title] may be cited as the ‘Chemical Facility Anti-Terrorism Standards Program Extension Act’.’’ SHORT TITLE OF 2018 AMENDMENT Pub. L. 115–387, § 1, Dec. 21, 2018, 132 Stat. 5162, pro- vided that: ‘‘This Act [enacting sections 350, 590, 591, 591g, 591h, 596b, and 597 of this title, amending sections 113, 195b, 195c, 315, 321q, 592, 593, 594, 596, and 596a of this title, repealing sections 321e, 591, and 595 of this title, and enacting provisions set out as notes under section 591 of this title] may be cited as the ‘Countering Weap- ons of Mass Destruction Act of 2018’.’’ Pub. L. 115–331, § 1, Dec. 19, 2018, 132 Stat. 4484, pro- vided that: ‘‘This Act [enacting section 126 of this title] may be cited as the ‘Department of Homeland Security Data Framework Act of 2018’.’’ Pub. L. 115–278, § 1, Nov. 16, 2018, 132 Stat. 4168, pro- vided that: ‘‘This Act [see Tables for classification] may be cited as the ‘Cybersecurity and Infrastructure Security Agency Act of 2018’.’’ Pub. L. 115–254, div. H, § 1601, Oct. 5, 2018, 132 Stat. 3522, provided that: ‘‘This division [enacting section 124 of this title and section 104 of Title 14, Coast Guard] may be cited as the ‘Preventing Emerging Threats Act of 2018’.’’ Pub. L. 115–125, § 1, Feb. 14, 2018, 132 Stat. 315, provided that: ‘‘This Act [enacting section 242 of this title and provisions set out as a note under section 242 of this title] may be cited as the ‘Department of Homeland Se- curity Blue Campaign Authorization Act’.’’ SHORT TITLE OF 2017 AMENDMENT Pub. L. 115–79, § 1, Nov. 2, 2017, 131 Stat. 1258, provided that: ‘‘This Act [enacting section 218 of this title, amending section 211 of this title, enacting provisions set out as notes under section 218 of this title and sec- tion 1185 of Title 8, Aliens and Nationality, and repeal- ing provisions set out as a note under section 1185 of Title 8] may be cited as the ‘Asia-Pacific Economic Co- operation Business Travel Cards Act of 2017’.’’ Pub. L. 115–43, § 1, June 30, 2017, 131 Stat. 884, provided that: ‘‘This Act [enacting section 321q of this title] may be cited as the ‘Securing our Agriculture and Food Act’.’’ Pub. L. 115–38, § 1, June 6, 2017, 131 Stat. 855, provided that: ‘‘This Act [amending section 341 of this title] may be cited as the ‘DHS Stop Asset and Vehicle Excess Act’ or the ‘DHS SAVE Act’.’’ SHORT TITLE OF 2016 AMENDMENT Pub. L. 114–321, § 1, Dec. 16, 2016, 130 Stat. 1623, pro- vided that: ‘‘This Act [amending section 318 of this title] may be cited as the ‘RESPONSE Act of 2016’.’’ Pub. L. 114–304, § 1, Dec. 16, 2016, 130 Stat. 1519, pro- vided that: ‘‘This Act [amending section 195c of this title and section 8606 of Title 22, Foreign Relations and Intercourse] may be cited as the ‘United States-Israel Advanced Research Partnership Act of 2016’.’’ Pub. L. 114–285, § 1, Dec. 16, 2016, 130 Stat. 1453, pro- vided that: ‘‘This Act [amending section 464 of this title] may be cited as the ‘Federal Law Enforcement Training Centers Reform and Improvement Act of 2015’.’’ Pub. L. 114–279, § 1, Dec. 16, 2016, 130 Stat. 1413, pro- vided that: ‘‘This Act [enacting part G of subchapter IV of this chapter, amending section 221 of this title and section 4451 of Title 19, Customs Duties, and repealing provisions set out as a note under section 211 of this title] may be cited as the ‘Cross-Border Trade Enhance- ment Act of 2016’.’’ Pub. L. 114–143, § 1, Apr. 11, 2016, 130 Stat. 327, provided that: ‘‘This Act [enacting section 321o of this title and provisions set out as a note under section 321o of this title] may be cited as the ‘Integrated Public Alert and Warning System Modernization Act of 2015’.’’ SHORT TITLE OF 2015 AMENDMENT Pub. L. 114–113, div. N, title II, § 201, Dec. 18, 2015, 129 Stat. 2956, provided that: ‘‘This subtitle [subtitle A (§§ 201–211) of title II of div. N of Pub. L. 114–113, amend- ing sections 131, 148, and 149 of this title and enacting provisions set out as notes under section 131 of this title] may be cited as the ‘National Cybersecurity Pro- tection Advancement Act of 2015’.’’ Pub. L. 114–80, § 1, Nov. 5, 2015, 129 Stat. 646, provided that: ‘‘This Act [enacting section 195d of this title] may be cited as the ‘DHS Social Media Improvement Act of 2015’.’’ Pub. L. 114–22, title III, § 301, May 29, 2015, 129 Stat. 251, provided that: ‘‘This title [enacting section 473 of this title and section 2421 of Title 18, Crimes and Crimi- nal Procedure, amending section 187 of this title, re- pealing former section 2421 of Title 18, and enacting provisions set out as a note under section 473 of this title] may be cited as the ‘Human Exploitation Rescue Operations Act of 2015’ or the ‘HERO Act of 2015’.’’ SHORT TITLE OF 2014 AMENDMENT Pub. L. 113–284, § 1, Dec. 18, 2014, 128 Stat. 3089, pro- vided that: ‘‘This Act [amending sections 468 and 612 of this title, enacting provisions set out as a note under section 612 of this title, and amending provisions set out as a note under section 70101 of Title 46, Shipping] may be cited as the ‘DHS OIG Mandates Revision Act of 2014’.’’ Pub. L. 113–282, § 1, Dec. 18, 2014, 128 Stat. 3066, pro- vided that: ‘‘This Act [enacting sections 148 to 150 of this title and provisions set out as notes under sections 148 and 149 of this title and formerly set out as a note under section 3543 of Title 44, Public Printing and Doc- uments] may be cited as the ‘National Cybersecurity Protection Act of 2014’.’’ Pub. L. 113–254, § 1, Dec. 18, 2014, 128 Stat. 2898, pro- vided that: ‘‘This Act [enacting subchapter XVI of this chapter and enacting and repealing provisions set out as notes under section 121 of this title] may be cited as the ‘Protecting and Securing Chemical Facilities from Terrorist Attacks Act of 2014’.’’ Pub. L. 113–246, § 1, Dec. 18, 2014, 128 Stat. 2880, pro- vided that: ‘‘This Act [enacting section 146 of this title and provisions set out as a note under section 146 of this title] may be cited as the ‘Cybersecurity Work- force Assessment Act’.’’ Pub. L. 113–245, § 1, Dec. 18, 2014, 128 Stat. 2871, pro- vided that: ‘‘This Act [enacting subchapter XII–A of this chapter and provisions set out as notes under sec- tion 561 of this title] may be cited as the ‘Transpor- tation Security Acquisition Reform Act’.’’ Page 9 TITLE 6—DOMESTIC SECURITY § 101 SHORT TITLE OF 2013 AMENDMENT Pub. L. 112–265, § 1, Jan. 14, 2013, 126 Stat. 2435, pro- vided that: ‘‘This Act [amending section 455 of this title and section 530C of Title 28, Judiciary and Judicial Pro- cedure] may be cited as the ‘Investigative Assistance for Violent Crimes Act of 2012’.’’ SHORT TITLE OF 2012 AMENDMENT Pub. 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 En- forcement Security Task Force Act’.’’ SHORT TITLE OF 2011 AMENDMENT Pub. 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 AMENDMENT Pub. L. 111–271, § 1, Oct. 12, 2010, 124 Stat. 2852, pro- vided that: ‘‘This Act [enacting section 613 of this title] may be cited as the ‘Redundancy Elimination and En- hanced 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, pro- vided that: ‘‘This Act [enacting section 321n of this title, amending sections 453 and 464 of this title, and re- pealing 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 AMENDMENT Pub. L. 110–412, § 1, Oct. 14, 2008, 122 Stat. 4336, pro- vided 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 Home- land Security Act’.’’ SHORT TITLE OF 2007 AMENDMENT Pub. L. 110–53, § 1(a), Aug. 3, 2007, 121 Stat. 266, pro- vided 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 AMENDMENT Pub. 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 AMENDMENT Pub. L. 108–458, title VII, § 7001, Dec. 17, 2004, 118 Stat. 3775, provided that: ‘‘This title [see Tables for classi- fication] may be cited as the ‘9/11 Commission Imple- mentation 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, pro- vided 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 Home- land Security Financial Accountability Act’.’’ SHORT TITLE OF 2003 AMENDMENT Pub. L. 108–7, div. L, Feb. 20, 2003, 117 Stat. 532, pro- vided 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 Ap- pendix to Title 5, Government Organization and Em- ployees, 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 Na- tionality, and section 300aa–33 of Title 42, The Public Health and Welfare, redesignating section 8I of the In- spector General Act of 1978 as section 8J, repealing sec- tion 371 of this title and former section 8J of the In- spector 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 TITLE Pub. L. 107–296, § 1(a), Nov. 25, 2002, 116 Stat. 2135, pro- vided that: ‘‘This Act [see Tables for classification] may be cited as the ‘Homeland Security Act of 2002’.’’ Pub. L. 107–296, title XXII, § 2221, formerly title II, § 211, Nov. 25, 2002, 116 Stat. 2150; renumbered § 2221, Pub. L. 115–278, § 2(g)(2)(H), Nov. 16, 2018, 132 Stat. 4178, pro- vided that: ‘‘This subtitle [subtitle B (§§ 2221–2225) of title XXII of Pub. L. 107–296, enacting part B of sub- chapter XVIII 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 Shar- ing 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 sub- chapter X of this chapter and sections 3531 to 3537 and 3538 of Title 44, Public Printing and Documents, amend- ing section 2224 of Title 10, Armed Forces, sections 278g–3 and 278g–4 of Title 15, Commerce and Trade, sec- tion 11331 of Title 40, Public Buildings, Property, and Works, and sections 3504 to 3506 of Title 44, and repeal- ing 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 Manage- ment 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 Docu- ments.] PROHIBITION ON REGULATORY AUTHORITY Pub. L. 114–328, div. A, title XIX, § 1913(e), Dec. 23, 2016, 130 Stat. 2687, provided that: ‘‘Nothing in this sec- tion [enacting sections 195f and 321p of this title, amending this section, sections 121 and 311 of this title, and section 712 of Title 14, Coast Guard, and enacting provisions set out as a note under section 121 of this title], including the amendments made by this section, shall be construed to grant any regulatory authority.’’ Page 10 TITLE 6—DOMESTIC SECURITY § 101 NATIONAL COMMISSION ON TERRORIST ATTACKS UPON THE UNITED STATES Pub. 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; Pub. L. 117–286, § 4(a)(11), Dec. 27, 2022, 136 Stat. 4306, 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 ‘Commis- sion’). ‘‘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 re- garding 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 re- ferred to as the ‘Joint Inquiry’); and ‘‘(B) other executive branch, congressional, or independent commission investigations into the terrorist attacks of September 11, 2001, other ter- rorist attacks, and terrorism generally; ‘‘(4) make a full and complete accounting of the cir- cumstances 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 rec- ommendations for corrective measures that can be taken to prevent acts of terrorism. ‘‘SEC. 603. COMPOSITION OF COMMISSION. ‘‘(a) MEMBERS.—The Commission shall be composed of 10 members, of whom— ‘‘(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 (ma- jority 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 Representa- tives 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 Representa- tives of the Democratic Party. ‘‘(b) QUALIFICATIONS; INITIAL MEETING.— ‘‘(1) POLITICAL PARTY AFFILIATION.—Not more than 5 members of the Commission shall be from the same political party. ‘‘(2) NONGOVERNMENTAL APPOINTEES.—An individual appointed to the Commission may not be an officer or employee of the Federal Government or any State or local government. ‘‘(3) OTHER QUALIFICATIONS.—It is the sense of Con- gress that individuals appointed to the Commission should be prominent United States citizens, with na- tional recognition and significant depth of experience in such professions as governmental service, law en- forcement, the armed services, law, public adminis- tration, intelligence gathering, commerce (including aviation matters), and foreign affairs. ‘‘(4) DEADLINE FOR APPOINTMENT.—All members of the Commission shall be appointed on or before De- cember 15, 2002. ‘‘(5) INITIAL MEETING.—The Commission shall meet and begin the operations of the Commission as soon as practicable. ‘‘(c) QUORUM; VACANCIES.—After its initial meeting, the Commission shall meet upon the call of the chair- man or a majority of its members. Six members of the Commission shall constitute a quorum. Any vacancy in the Commission shall not affect its powers, but shall be filled in the same manner in which the original ap- pointment was made. ‘‘SEC. 604. FUNCTIONS OF COMMISSION. ‘‘(a) IN GENERAL.—The functions of the Commission are to— ‘‘(1) conduct an investigation that— ‘‘(A) investigates relevant facts and cir- cumstances relating to the terrorist attacks of Sep- tember 11, 2001, including any relevant legislation, Executive order, regulation, plan, policy, practice, or procedure; and ‘‘(B) may include relevant facts and cir- cumstances 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 organiza- tions; ‘‘(vi) commercial aviation; ‘‘(vii) the role of congressional oversight and re- source allocation; and ‘‘(viii) other areas of the public and private sec- tors 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, manage- ment policies, and procedures of the Federal Govern- ment, and, if appropriate, State and local govern- ments and nongovernmental entities, relative to de- tecting, preventing, and responding to such terrorist attacks; and ‘‘(3) submit to the President and Congress such re- ports as are required by this title containing such findings, conclusions, and recommendations as the Commission shall determine, including proposing or- ganization, coordination, planning, management ar- rangements, procedures, rules, and regulations. ‘‘(b) RELATIONSHIP TO INTELLIGENCE COMMITTEES’ IN- QUIRY.—When investigating facts and circumstances re- lating to the intelligence community, the Commission shall— ‘‘(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) IN GENERAL.— ‘‘(1) HEARINGS AND EVIDENCE.—The Commission or, on the authority of the Commission, any sub- committee or member thereof, may, for the purpose of carrying out this title— Page 11 TITLE 6—DOMESTIC SECURITY § 101 ‘‘(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 sub- poena 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 deter- mine advisable. ‘‘(2) SUBPOENAS.— ‘‘(A) ISSUANCE.— ‘‘(i) IN GENERAL.—A subpoena may be issued under this subsection only— ‘‘(I) by the agreement of the chairman and the vice chairman; or ‘‘(II) by the affirmative vote of 6 members of the Commission. ‘‘(ii) SIGNATURE.—Subject to clause (i), sub- poenas issued under this subsection may be issued under the signature of the chairman or any mem- ber designated by a majority of the Commission, and may be served by any person designated by the chairman or by a member designated by a ma- jority of the Commission. ‘‘(B) ENFORCEMENT.— ‘‘(i) IN GENERAL.—In the case of contumacy or failure to obey a subpoena issued under sub- section (a), the United States district court for the judicial district in which the subpoenaed per- son resides, is served, or may be found, or where the subpoena is returnable, may issue an order re- quiring such person to appear at any designated place to testify or to produce documentary or other evidence. Any failure to obey the order of the court may be punished by the court as a con- tempt of that court. ‘‘(ii) ADDITIONAL ENFORCEMENT.—In the case of any failure of any witness to comply with any subpoena or to testify when summoned under au- thority of this section, the Commission may, by majority vote, certify a statement of fact consti- tuting such failure to the appropriate United States attorney, who may bring the matter before the grand jury for its action, under the same stat- utory authority and procedures as if the United States attorney had received a certification under sections 102 through 104 of the Revised Statutes of the United States (2 U.S.C. 192 through 194). ‘‘(b) CONTRACTING.—The Commission may, to such ex- tent and in such amounts as are provided in appropria- tion Acts, enter into contracts to enable the Commis- sion to discharge its duties under this title. ‘‘(c) INFORMATION FROM FEDERAL AGENCIES.— ‘‘(1) IN GENERAL.—The Commission is authorized to secure directly from any executive department, bu- reau, agency, board, commission, office, independent establishment, or instrumentality of the Govern- ment, information, suggestions, estimates, and sta- tistics for the purposes of this title. Each depart- ment, bureau, agency, board, commission, office, independent establishment, or instrumentality shall, to the extent authorized by law, furnish such infor- mation, suggestions, estimates, and statistics di- rectly to the Commission, upon request made by the chairman, the chairman of any subcommittee created by a majority of the Commission, or any member des- ignated by a majority of the Commission. ‘‘(2) RECEIPT, HANDLING, STORAGE, AND DISSEMINA- TION.—Information shall only be received, handled, stored, and disseminated by members of the Commis- sion and its staff consistent with all applicable stat- utes, regulations, and Executive orders. ‘‘(d) ASSISTANCE FROM FEDERAL AGENCIES.— ‘‘(1) GENERAL SERVICES ADMINISTRATION.—The Ad- ministrator of General Services shall provide to the Commission on a reimbursable basis administrative support and other services for the performance of the Commission’s functions. ‘‘(2) OTHER DEPARTMENTS AND AGENCIES.—In addi- tion to the assistance prescribed in paragraph (1), de- partments and agencies of the United States may provide to the Commission such services, funds, fa- cilities, staff, and other support services as they may determine advisable and as may be authorized by law. ‘‘(e) GIFTS.—The Commission may accept, use, and dispose of gifts or donations of services or property. ‘‘(f) POSTAL SERVICES.—The Commission may use the United States mails in the same manner and under the same conditions as departments and agencies of the United States. ‘‘SEC. 606. NONAPPLICABILITY OF CHAPTER 10 OF TITLE 5, UNITED STATES CODE. ‘‘(a) IN GENERAL.—Chapter 10 of title 5, United States Code, shall not apply to the Commission. ‘‘(b) PUBLIC MEETINGS AND RELEASE OF PUBLIC VERSIONS OF REPORTS.—The Commission shall— ‘‘(1) hold public hearings and meetings to the ex- tent appropriate; and ‘‘(2) release public versions of the reports required under section 610(a) and (b). ‘‘(c) PUBLIC HEARINGS.—Any public hearings of the Commission shall be conducted in a manner consistent with the protection of information provided to or de- veloped for or by the Commission as required by any applicable statute, regulation, or Executive order. ‘‘SEC. 607. STAFF OF COMMISSION. ‘‘(a) IN GENERAL.— ‘‘(1) APPOINTMENT AND COMPENSATION.—The chair- man, in consultation with vice chairman, in accord- ance with rules agreed upon by the Commission, may appoint and fix the compensation of a staff director and such other personnel as may be necessary to en- able the Commission to carry out its functions, with- out regard to the provisions of title 5, United States Code, governing appointments in the competitive service, and without regard to the provisions of chap- ter 51 and subchapter III of chapter 53 of such title re- lating to classification and General Schedule pay rates, except that no rate of pay fixed under this sub- section may exceed the equivalent of that payable for a position at level V of the Executive Schedule under section 5316 of title 5, United States Code. ‘‘(2) PERSONNEL AS FEDERAL EMPLOYEES.— ‘‘(A) IN GENERAL.—The executive director and any personnel of the Commission who are employees shall be employees under section 2105 of title 5, United States Code, for purposes of chapters 63, 81, 83, 84, 85, 87, 89, and 90 of that title. ‘‘(B) MEMBERS OF COMMISSION.—Subparagraph (A) shall not be construed to apply to members of the Commission. ‘‘(b) DETAILEES.—Any Federal Government employee may be detailed to the Commission without reimburse- ment from the Commission, and such detailee shall re- tain the rights, status, and privileges of his or her reg- ular employment without interruption. ‘‘(c) CONSULTANT SERVICES.—The Commission is au- thorized to procure the services of experts and consult- ants in accordance with section 3109 of title 5, United States Code, but at rates not to exceed the daily rate paid a person occupying a position at level IV of the Executive Schedule under section 5315 of title 5, United States Code. ‘‘SEC. 608. COMPENSATION AND TRAVEL EX- PENSES. ‘‘(a) COMPENSATION.—Each member of the Commis- sion may be compensated at not to exceed the daily equivalent of the annual rate of basic pay in effect for a position at level IV of the Executive Schedule under section 5315 of title 5, United States Code, for each day during which that member is engaged in the actual per- formance of the duties of the Commission. ‘‘(b) TRAVEL EXPENSES.—While away from their homes or regular places of business in the performance of services for the Commission, members of the Com- mission shall be allowed travel expenses, including per diem in lieu of subsistence, in the same manner as per- sons employed intermittently in the Government serv- Page 12 TITLE 6—DOMESTIC SECURITY § 102 ice are allowed expenses under section 5703(b) [5703] of title 5, United States Code. ‘‘SEC. 609. SECURITY CLEARANCES FOR COMMIS- SION MEMBERS AND STAFF. ‘‘The appropriate Federal agencies or departments shall cooperate with the Commission in expeditiously providing to the Commission members and staff appro- priate security clearances to the extent possible pursu- ant to existing procedures and requirements, except that no person shall be provided with access to classi- fied information under this title without the appro- priate security clearances. ‘‘SEC. 610. REPORTS OF COMMISSION; TERMI- NATION. ‘‘(a) INTERIM REPORTS.—The Commission may submit to the President and Congress interim reports con- taining such findings, conclusions, and recommenda- tions for corrective measures as have been agreed to by a majority of Commission members. ‘‘(b) FINAL REPORT.—Not later than 20 months after the date of the enactment of this Act [Nov. 27, 2002], the Commission shall submit to the President and Congress a final report containing such findings, conclusions, and recommendations for corrective measures as have been agreed to by a majority of Commission members. ‘‘(c) TERMINATION.— ‘‘(1) IN GENERAL.—The Commission, and all the au- thorities of this title, shall terminate 30 days after the date on which the final report is submitted under subsection (b). ‘‘(2) ADMINISTRATIVE ACTIVITIES BEFORE TERMI- NATION.—The Commission may use the 30-day period referred to in paragraph (1) for the purpose of con- cluding its activities, including providing testimony to committees of Congress concerning its reports and disseminating the final report. ‘‘SEC. 611. FUNDING. ‘‘(a) TRANSFER FROM THE NATIONAL FOREIGN INTEL- LIGENCE PROGRAM.—Of the amounts authorized to be appropriated by this Act [see Tables for classification] and made available in public law 107–248 [see Tables for classification] (Department of Defense Appropriations Act, 2003) for the National Foreign Intelligence Pro- gram, not to exceed $3,000,000 shall be available for transfer to the Commission for purposes of the activi- ties of the Commission under this title. ‘‘(b) ADDITIONAL FUNDING.—In addition to the amounts made available to the Commission under sub- section (a) and under chapter 2 of title II of the Emer- gency Wartime Supplemental Appropriations Act, 2003 (Public Law 108–11; 117 Stat. 591), of the amounts appro- priated for the programs and activities of the Federal Government for fiscal year 2004 that remain available for obligation, not more than $1,000,000 shall be avail- able for transfer to the Commission for purposes of the activities of the Commission under this title. ‘‘(c) DURATION OF AVAILABILITY.—Amounts made available to the Commission under this section shall remain available until the termination of the Commis- sion.’’ § 102. Construction; severability Any provision of this chapter held to be in- valid or unenforceable by its terms, or as ap- plied to any person or circumstance, shall be construed so as to give it the maximum effect permitted by law, unless such holding shall be one of utter invalidity or unenforceability, in which event such provision shall be deemed sev- erable from this chapter and shall not affect the remainder thereof, or the application of such provision to other persons not similarly situated or to other, dissimilar circumstances. (Pub. L. 107–296, § 3, Nov. 25, 2002, 116 Stat. 2141.) Editorial Notes REFERENCES IN TEXT This 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 com- plete classification of this Act to the Code, see Short Title note set out under section 101 of this title and Ta- bles. § 103. Use of appropriated funds Notwithstanding any other provision of this chapter, any report, notification, or consulta- tion addressing directly or indirectly the use of appropriated funds and stipulated by this chap- ter to be submitted to, or held with, the Con- gress or any Congressional committee shall also be submitted to, or held with, the Committees on Appropriations of the Senate and the House of Representatives under the same conditions and with the same restrictions as stipulated by this chapter. (Pub. L. 107–296, title XVII, § 1714, as added Pub. L. 108–7, div. L, § 103(5), Feb. 20, 2003, 117 Stat. 529.) Editorial Notes REFERENCES IN TEXT This 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 com- plete classification of this Act to the Code, see Short Title note set out under section 101 of this title and Ta- bles. PRIOR PROVISIONS A prior section 1714 of Pub. L. 107–296 amended sec- tion 300aa–33 of Title 42, The Public Health and Wel- fare, prior to repeal by Pub. L. 108–7, div. L, § 102(a), Feb. 20, 2003, 117 Stat. 528. Statutory Notes and Related Subsidiaries NOTIFICATIONS FOR REPROGRAMMING OR TRANSFER OF FUNDS Pub. L. 109–90, title V, § 503(e), Oct. 18, 2005, 119 Stat. 2082, provided that: ‘‘Hereafter, notwithstanding any other provision of law, notifications pursuant to this section or any other authority for reprogramming or transfer of funds shall be made solely to the Commit- tees on Appropriations of the Senate and the House of Representatives.’’ § 103a. Department of Homeland Security Non- recurring 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 Non- recurring 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 Treas- ury 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