Part H—Miscellaneous Provisions
§451. Advisory committees
(a) In general
The Secretary may establish, appoint members of, and use the services of, advisory committees, as the Secretary may deem necessary. An advisory committee established under this section may be exempted by the Secretary from
(b) Termination
Any advisory committee established by the Secretary shall terminate 2 years after the date of its establishment, unless the Secretary makes a written determination to extend the advisory committee to a specified date, which shall not be more than 2 years after the date on which such determination is made. The Secretary may make any number of subsequent extensions consistent with this subsection.
(
Editorial Notes
Amendments
2022—Subsec. (a).
Statutory Notes and Related Subsidiaries
Establishment of the Department of Homeland Security Economic Security Council
"(1)
"(A)
"(B)
"(C)
"(D)
"(2)
"(3)
"(A) Identifying concentrated risks for trade and economic security.
"(B) Setting priorities for securing the trade and economic security of the United States.
"(C) Coordinating Department-wide activity on trade and economic security matters.
"(D) With respect to the development of the continuity of the economy plan of the President under section 9603 of the William M. (Mac) Thornberry National Defense Authorization Act of [for] Fiscal Year 2021 (
"(E) Proposing statutory and regulatory changes impacting trade and economic security.
"(F) Any other matters the Secretary considers appropriate.
"(4)
"(A) shall serve as Chair of the Council; and
"(B) may designate a Council member as a Vice Chair.
"(5)
"(A) at the call of the Chair; or
"(B) at the direction of the Secretary.
"(6)
[Nothing in section 7116(a) of
§452. Reorganization
(a) Reorganization
The Secretary may allocate or reallocate functions among the officers of the Department, and may establish, consolidate, alter, or discontinue organizational units within the Department, but only—
(1) pursuant to
(2) after the expiration of 60 days after providing notice of such action to the appropriate congressional committees, which shall include an explanation of the rationale for the action.
(b) Limitations
(1) In general
Authority under subsection (a)(1) does not extend to the abolition of any agency, entity, organizational unit, program, or function established or required to be maintained by this chapter.
(2) Abolitions
Authority under subsection (a)(2) does not extend to the abolition of any agency, entity, organizational unit, program, or function established or required to be maintained by statute.
(
Editorial Notes
References in Text
This chapter, referred to in subsec. (b)(1), was in the original "this Act", meaning
Statutory Notes and Related Subsidiaries
Transfer of Office of Biometric Identity Management and Federal Protective Service
"(a)
"(b)
"(1)
"(2)
"(A) provide to the Committee on Homeland Security and the Committee on Transportation and Infrastructure of the House of Representatives and the Committee on Homeland Security and Governmental Affairs of the Senate and the Office of Management and Budget a detailed explanation, in writing, of the reason for such determination that includes—
"(i) information on how the Department considered the Government Accountability Office review described in such paragraph;
"(ii) a list of the components, directorates, or other offices of the Department that were considered for such placement; and
"(iii) information on why each such component, directorate, or other office of the Department was determined to not be an appropriate placement for the Service;
"(B) not later than 120 days after the completion of the Government Accountability Office review described in such paragraph, develop and submit to the committees specified in subparagraph (A) and the Office of Management and Budget a plan to coordinate with other appropriate Federal agencies, including the General Services Administration, to determine a more appropriate placement for the Service; and
"(C) not later than 180 days after the completion of such Government Accountability Office review, submit to such committees and the Office of Management and Budget a recommendation regarding the appropriate placement of the Service within the executive branch of the Federal Government."
§453. Use of appropriated funds
(a) Disposal of property
(1) Strict compliance
If specifically authorized to dispose of real property in this chapter or any other Act, the Secretary shall exercise this authority in strict compliance with subchapter IV of
(2) Deposit of proceeds
The Secretary shall deposit the proceeds of any exercise of property disposal authority into the miscellaneous receipts of the Treasury in accordance with
(b) Gifts
Except as authorized by
(c) Budget request
Under
(
Editorial Notes
References in Text
This chapter, referred to in subsec. (a)(1), was in the original a reference to this Act, meaning
Codification
In subsec. (a)(1), "subchapter IV of
Amendments
2010—Subsec. (b).
2003—Subsec. (b).
1 See References in Text note below.
§453a. Additional uses of appropriated funds
In fiscal year 2004 and thereafter, unless otherwise provided, funds may be used for purchase of uniforms without regard to the general purchase price limitation for the current fiscal year; purchase of insurance for official motor vehicles operated in foreign countries; entering into contracts with the Department of State to furnish health and medical services to employees and their dependents serving in foreign countries; services authorized by
(
Editorial Notes
Codification
Section was enacted as part of the Department of Homeland Security Appropriations Act, 2004, and not as part of the Homeland Security Act of 2002 which comprises this chapter.
§453b. Requirement to buy certain items related to national security interests from American sources; exceptions
(a) Requirement
Except as provided in subsections (c) through (g), funds appropriated or otherwise available to the Department of Homeland Security may not be used for the procurement of an item described in subsection (b) if the item is not grown, reprocessed, reused, or produced in the United States.
(b) Covered items
An item referred to in subsection (a) is any of the following, if the item is directly related to the national security interests of the United States:
(1) 1 An article or item of—
(A) clothing and the materials and components thereof, other than sensors, electronics, or other items added to, and not normally associated with, clothing (and the materials and components thereof);
(B) tents, tarpaulins, covers, textile belts, bags, protective equipment (including but not limited to body armor), sleep systems, load carrying equipment (including but not limited to fieldpacks), textile marine equipment, parachutes, or bandages;
(C) cotton and other natural fiber products, woven silk or woven silk blends, spun silk yarn for cartridge cloth, synthetic fabric or coated synthetic fabric (including all textile fibers and yarns that are for use in such fabrics), canvas products, or wool (whether in the form of fiber or yarn or contained in fabrics, materials, or manufactured articles); or
(D) any item of individual equipment manufactured from or containing such fibers, yarns, fabrics, or materials.
(c) Availability exception
Subsection (a) does not apply to the extent that the Secretary of Homeland Security determines that satisfactory quality and sufficient quantity of any such article or item described in subsection (b)(1) grown, reprocessed, reused, or produced in the United States cannot be procured as and when needed at United States market prices. This section is not applicable to covered items that are, or include, materials determined to be non-available in accordance with Federal Acquisition Regulation 25.104 Nonavailable Articles.
(d) De minimis exception
Notwithstanding subsection (a), the Secretary of Homeland Security may accept delivery of an item covered by subsection (b) that contains non-compliant fibers if the total value of non-compliant fibers contained in the end item does not exceed 10 percent of the total purchase price of the end item.
(e) Exception for certain procurements outside the United States
Subsection (a) does not apply to the following:
(1) Procurements by vessels in foreign waters.
(2) Emergency procurements.
(f) Exception for small purchases
Subsection (a) does not apply to purchases for amounts not greater than the simplified acquisition threshold referred to in
(g) Applicability to contracts and subcontracts for procurement of commercial products
This section is applicable to contracts and subcontracts for the procurement of commercial products notwithstanding
(h) Geographic coverage
In this section, the term "United States" includes the possessions of the United States.
(i) Notification required within 7 days after contract award if certain exceptions applied
In the case of any contract for the procurement of an item described in subsection (b)(1), if the Secretary of Homeland Security applies an exception set forth in subsection (c) with respect to that contract, the Secretary shall, not later than 7 days after the award of the contract, post a notification that the exception has been applied on the Internet site maintained by the General Services Administration known as FedBizOps.gov (or any successor site).
(j) Training during fiscal year 2009
(1) In general
The Secretary of Homeland Security shall ensure that each member of the acquisition workforce in the Department of Homeland Security who participates personally and substantially in the acquisition of textiles on a regular basis receives training during fiscal year 2009 on the requirements of this section and the regulations implementing this section.
(2) Inclusion of information in new training programs
The Secretary shall ensure that any training program for the acquisition workforce developed or implemented after February 17, 2009, includes comprehensive information on the requirements described in paragraph (1).
(k) Consistency with international agreements
This section shall be applied in a manner consistent with United States obligations under international agreements.
(l) Effective date
This section applies with respect to contracts entered into by the Department of Homeland Security 180 days after February 17, 2009.
(
Editorial Notes
Codification
Section was enacted as part of the American Recovery and Reinvestment Act of 2009, and not as part of the Homeland Security Act of 2002 which comprises this chapter.
Amendments
2021—Subsec. (f).
2018—Subsec. (g).
Statutory Notes and Related Subsidiaries
Effective Date of 2018 Amendment; Savings Provision
1 So in original. No par. (2) has been enacted.
§453c. Disposition of equines unfit for service
None of the funds made available in this or any other Act for fiscal year 2012 and thereafter may be used to destroy or put out to pasture any horse or other equine belonging to any component or agency of the Department of Homeland Security that has become unfit for service, unless the trainer or handler is first given the option to take possession of the equine through an adoption program that has safeguards against slaughter and inhumane treatment.
(
Editorial Notes
References in Text
This Act, referred to in text, means div. D of
Codification
Section was enacted as part of the Department of Homeland Security Appropriations Act, 2012, and also as part of the Consolidated Appropriations Act, 2012, and not as part of the Homeland Security Act of 2002 which comprises this chapter.
§454. Future Years Homeland Security Program
(a) In general
Each budget request submitted to Congress for the Department under
(b) Contents
The Future Years Homeland Security Program under subsection (a) shall—
(1) include the same type of information, organizational structure, and level of detail as the future years defense program submitted to Congress by the Secretary of Defense under
(2) set forth the homeland security strategy of the Department, which shall be developed and updated as appropriate annually by the Secretary, that was used to develop program planning guidance for the Future Years Homeland Security Program; and
(3) include an explanation of how the resource allocations included in the Future Years Homeland Security Program correlate to the homeland security strategy set forth under paragraph (2).
(c) Effective date
This section shall take effect with respect to the preparation and submission of the fiscal year 2005 budget request for the Department and for any subsequent fiscal year, except that the first Future Years Homeland Security Program shall be submitted not later than 90 days after the Department's fiscal year 2005 budget request is submitted to Congress.
(
Editorial Notes
Amendments
2004—Subsec. (b).
Statutory Notes and Related Subsidiaries
Administrative Provisions
§455. Miscellaneous authorities
(a) Seal
The Department shall have a seal, whose design is subject to the approval of the President.
(b) Participation of members of the Armed Forces
With respect to the Department, the Secretary shall have the same authorities that the Secretary of Transportation has with respect to the Department of Transportation under
(c) Redelegation of functions
Unless otherwise provided in the delegation or by law, any function delegated under this chapter may be redelegated to any subordinate.
(d) Investigation of certain violent acts, shootings, and mass killings
(1) In general
At the request of an appropriate law enforcement official of a State or political subdivision, the Secretary, through deployment of the Secret Service or United States Immigration and Customs Enforcement, may assist in the investigation of violent acts and shootings occurring in a place of public use, and in the investigation of mass killings and attempted mass killings. Any assistance provided by the Secretary under this subsection shall be presumed to be within the scope of Federal office or employment.
(2) Definitions
For purposes of this subsection—
(A) the term "mass killings" means 3 or more killings in a single incident; and
(B) the term "place of public use" has the meaning given that term under
(
Editorial Notes
References in Text
This chapter, referred to in subsec. (c), was in the original "this Act", meaning
Amendments
2013—Subsec. (d).
§456. Military activities
Nothing in this chapter shall confer upon the Secretary any authority to engage in warfighting, the military defense of the United States, or other military activities, nor shall anything in this chapter limit the existing authority of the Department of Defense or the Armed Forces to engage in warfighting, the military defense of the United States, or other military activities.
(
Editorial Notes
References in Text
This chapter, referred to in text, was in the original "this Act", meaning
§457. Regulatory authority and preemption
(a) Regulatory authority
Except as otherwise provided in
(b) Preemption of State or local law
Except as otherwise provided in this chapter, this chapter preempts no State or local law, except that any authority to preempt State or local law vested in any Federal agency or official transferred to the Department pursuant to this chapter shall be transferred to the Department effective on the date of the transfer to the Department of that Federal agency or official.
(
Editorial Notes
References in Text
This chapter, referred to in text, was in the original "this Act", meaning
1 See References in Text note below.
§458. Office of Counternarcotics Enforcement
(a) Office
There is established in the Department an Office of Counternarcotics Enforcement, which shall be headed by a Director appointed by the President.
(b) Assignment of personnel
(1) In general
The Secretary shall assign permanent staff to the Office, consistent with effective management of Department resources.
(2) Liaisons
The Secretary shall designate senior employees from each appropriate subdivision of the Department that has significant counternarcotics responsibilities to act as a liaison between that subdivision and the Office of Counternarcotics Enforcement.
(c) Limitation on concurrent employment
The Director of the Office of Counternarcotics Enforcement shall not be employed by, assigned to, or serve as the head of, any other branch of the Federal Government, any State or local government, or any subdivision of the Department other than the Office of Counternarcotics Enforcement.
(d) Responsibilities
The Secretary shall direct the Director of the Office of Counternarcotics Enforcement—
(1) to coordinate policy and operations within the Department, between the Department and other Federal departments and agencies, and between the Department and State and local agencies with respect to stopping the entry of illegal drugs into the United States;
(2) to ensure the adequacy of resources within the Department for stopping the entry of illegal drugs into the United States;
(3) to recommend the appropriate financial and personnel resources necessary to help the Department better fulfill its responsibility to stop the entry of illegal drugs into the United States;
(4) within the Joint Terrorism Task Force construct to track and sever connections between illegal drug trafficking and terrorism; and
(5) to be a representative of the Department on all task forces, committees, or other entities whose purpose is to coordinate the counternarcotics enforcement activities of the Department and other Federal, State or local agencies.
(e) Savings clause
Nothing in this section shall be construed to authorize direct control of the operations conducted by the Directorate of Border and Transportation Security,1 the Coast Guard, or joint terrorism task forces.
(f) Reports to Congress
(1) Annual budget review
The Director of the Office of Counternarcotics Enforcement shall, not later than 30 days after the submission by the President to Congress of any request for expenditures for the Department, submit to the Committees on Appropriations and the authorizing committees of jurisdiction of the House of Representatives and the Senate a review and evaluation of such request. The review and evaluation shall—
(A) identify any request or subpart of any request that affects or may affect the counternarcotics activities of the Department or any of its subdivisions, or that affects the ability of the Department or any subdivision of the Department to meet its responsibility to stop the entry of illegal drugs into the United States;
(B) describe with particularity how such requested funds would be or could be expended in furtherance of counternarcotics activities; and
(C) compare such requests with requests for expenditures and amounts appropriated by Congress in the previous fiscal year.
(2) Evaluation of counternarcotics activities
The Director of the Office of Counternarcotics Enforcement shall, not later than February 1 of each year, submit to the Committees on Appropriations and the authorizing committees of jurisdiction of the House of Representatives and the Senate a review and evaluation of the counternarcotics activities of the Department for the previous fiscal year. The review and evaluation shall—
(A) describe the counternarcotics activities of the Department and each subdivision of the Department (whether individually or in cooperation with other subdivisions of the Department, or in cooperation with other branches of the Federal Government or with State or local agencies), including the methods, procedures, and systems (including computer systems) for collecting, analyzing, sharing, and disseminating information concerning narcotics activity within the Department and between the Department and other Federal, State, and local agencies;
(B) describe the results of those activities, using quantifiable data whenever possible;
(C) state whether those activities were sufficient to meet the responsibility of the Department to stop the entry of illegal drugs into the United States, including a description of the performance measures of effectiveness that were used in making that determination; and
(D) recommend, where appropriate, changes to those activities to improve the performance of the Department in meeting its responsibility to stop the entry of illegal drugs into the United States.
(3) Classified or law enforcement sensitive information
Any content of a review and evaluation described in the reports required in this subsection that involves information classified under criteria established by an Executive order, or whose public disclosure, as determined by the Secretary, would be detrimental to the law enforcement or national security activities of the Department or any other Federal, State, or local agency, shall be presented to Congress separately from the rest of the review and evaluation.
(
Editorial Notes
References in Text
The Directorate of Border and Transportation Security, referred to in subsection (e), was abolished by section 802(g)(2) of
Amendments
2012—Subsec. (a).
2006—Subsec. (c).
Subsecs. (d) to (g).
2004—
"(1) ensure the adequacy of resources within the Department for illicit drug interdiction; and
"(2) serve as the United States Interdiction Coordinator for the Director of National Drug Control Policy."
Statutory Notes and Related Subsidiaries
Effective Date of 2012 Amendment
Amendment by
1 See References in Text note below.
§459. Office of International Affairs
(a) Establishment
There is established within the Office of the Secretary an Office of International Affairs. The Office shall be headed by a Director, who shall be a senior official appointed by the Secretary.
(b) Duties of the Director
The Director shall have the following duties:
(1) To promote information and education exchange with nations friendly to the United States in order to promote sharing of best practices and technologies relating to homeland security. Such exchange shall include the following:
(A) Exchange of information on research and development on homeland security technologies.
(B) Joint training exercises of first responders.
(C) Exchange of expertise on terrorism prevention, response, and crisis management.
(2) To identify areas for homeland security information and training exchange where the United States has a demonstrated weakness and another friendly nation or nations have a demonstrated expertise.
(3) To plan and undertake international conferences, exchange programs, and training activities.
(4) To manage international activities within the Department in coordination with other Federal officials with responsibility for counter-terrorism matters.
(
§460. Prohibition of the Terrorism Information and Prevention System
Any and all activities of the Federal Government to implement the proposed component program of the Citizen Corps known as Operation TIPS (Terrorism Information and Prevention System) are hereby prohibited.
(
§461. Review of pay and benefit plans
Notwithstanding any other provision of this chapter, the Secretary shall, in consultation with the Director of the Office of Personnel Management, review the pay and benefit plans of each agency whose functions are transferred under this chapter to the Department and, within 90 days after November 25, 2002, submit a plan to the President of the Senate and the Speaker of the House of Representatives and the appropriate committees and subcommittees of Congress, for ensuring, to the maximum extent practicable, the elimination of disparities in pay and benefits throughout the Department, especially among law enforcement personnel, that are inconsistent with merit system principles set forth in
(
Editorial Notes
References in Text
This chapter, referred to in text, was in the original "this Act", meaning
§462. Office of National Capital Region Coordination
(a) Establishment
(1) In general
There is established within the Office of the Secretary the Office of National Capital Region Coordination, to oversee and coordinate Federal programs for and relationships with State, local, and regional authorities in the National Capital Region, as defined under
(2) Director
The Office established under paragraph (1) shall be headed by a Director, who shall be appointed by the Secretary.
(3) Cooperation
The Secretary shall cooperate with the Mayor of the District of Columbia, the Governors of Maryland and Virginia, and other State, local, and regional officers in the National Capital Region to integrate the District of Columbia, Maryland, and Virginia into the planning, coordination, and execution of the activities of the Federal Government for the enhancement of domestic preparedness against the consequences of terrorist attacks.
(b) Responsibilities
The Office established under subsection (a)(1) shall—
(1) coordinate the activities of the Department relating to the National Capital Region, including cooperation with the Office for State and Local Government Coordination;
(2) assess, and advocate for, the resources needed by State, local, and regional authorities in the National Capital Region to implement efforts to secure the homeland;
(3) provide State, local, and regional authorities in the National Capital Region with regular information, research, and technical support to assist the efforts of State, local, and regional authorities in the National Capital Region in securing the homeland;
(4) develop a process for receiving meaningful input from State, local, and regional authorities and the private sector in the National Capital Region to assist in the development of the homeland security plans and activities of the Federal Government;
(5) coordinate with Federal agencies in the National Capital Region on terrorism preparedness, to ensure adequate planning, information sharing, training, and execution of the Federal role in domestic preparedness activities;
(6) coordinate with Federal, State, local, and regional agencies, and the private sector in the National Capital Region on terrorism preparedness to ensure adequate planning, information sharing, training, and execution of domestic preparedness activities among these agencies and entities; and
(7) serve as a liaison between the Federal Government and State, local, and regional authorities, and private sector entities in the National Capital Region to facilitate access to Federal grants and other programs.
(c) Annual report
The Office established under subsection (a) shall submit an annual report to Congress that includes—
(1) the identification of the resources required to fully implement homeland security efforts in the National Capital Region;
(2) an assessment of the progress made by the National Capital Region in implementing homeland security efforts; and
(3) recommendations to Congress regarding the additional resources needed to fully implement homeland security efforts in the National Capital Region.
(d) Limitation
Nothing contained in this section shall be construed as limiting the power of State and local governments.
(
Statutory Notes and Related Subsidiaries
Incorporation of Governors of West Virginia and Pennsylvania into Mass Evacuation Planning
§463. Requirement to comply with laws protecting equal employment opportunity and providing whistleblower protections
Nothing in this chapter shall be construed as exempting the Department from requirements applicable with respect to executive agencies—
(1) to provide equal employment protection for employees of the Department (including pursuant to the provisions in
(2) to provide whistleblower protections for employees of the Department (including pursuant to the provisions in section 2302(b)(8) and (9) of such title and the Notification and Federal Employee Antidiscrimination and Retaliation Act of 2002).
(
Editorial Notes
References in Text
This chapter, referred to in introductory provisions, was in the original "this Act", meaning
The Notification and Federal Employee Antidiscrimination and Retaliation Act of 2002, referred to in pars. (1) and (2), is
§464. Federal Law Enforcement Training Centers
(a) Establishment
The Secretary shall maintain in the Department the Federal Law Enforcement Training Centers (FLETC), headed by a Director, who shall report to the Secretary.
(b) Position
The Director shall occupy a career-reserved position within the Senior Executive Service.
(c) Functions of the Director
The Director shall—
(1) develop training goals and establish strategic and tactical organizational program plan and priorities;
(2) provide direction and management for FLETC's training facilities, programs, and support activities while ensuring that organizational program goals and priorities are executed in an effective and efficient manner;
(3) develop homeland security and law enforcement training curricula, including curricula related to domestic preparedness and response to threats or acts of terrorism, for Federal, State, local, tribal, territorial, and international law enforcement and security agencies and private sector security agencies;
(4) monitor progress toward strategic and tactical FLETC plans regarding training curricula, including curricula related to domestic preparedness and response to threats or acts of terrorism, and facilities;
(5) ensure the timely dissemination of homeland security information as necessary to Federal, State, local, tribal, territorial, and international law enforcement and security agencies and the private sector to achieve the training goals for such entities, in accordance with paragraph (1);
(6) carry out delegated acquisition responsibilities in a manner that—
(A) fully complies with—
(i) Federal law;
(ii) the Federal Acquisition Regulation, including requirements regarding agency obligations to contract only with responsible prospective contractors; and
(iii) Department acquisition management directives; and
(B) maximizes opportunities for small business participation;
(7) coordinate and share information with the heads of relevant components and offices on digital learning and training resources, as appropriate;
(8) advise the Secretary on matters relating to executive level policy and program administration of Federal, State, local, tribal, territorial, and international law enforcement and security training activities and private sector security agency training activities, including training activities related to domestic preparedness and response to threats or acts of terrorism;
(9) collaborate with the Secretary and relevant officials at other Federal departments and agencies, as appropriate, to improve international instructional development, training, and technical assistance provided by the Federal Government to foreign law enforcement; and
(10) carry out such other functions as the Secretary determines are appropriate.
(d) Training responsibilities
(1) In general
The Director is authorized to provide training to employees of Federal agencies who are engaged, directly or indirectly, in homeland security operations or Federal law enforcement activities, including such operations or activities related to domestic preparedness and response to threats or acts of terrorism. In carrying out such training, the Director shall—
(A) evaluate best practices of law enforcement training methods and curriculum content to maintain state-of-the-art expertise in adult learning methodology;
(B) provide expertise and technical assistance, including on domestic preparedness and response to threats or acts of terrorism, to Federal, State, local, tribal, territorial, and international law enforcement and security agencies and private sector security agencies; and
(C) maintain a performance evaluation process for students.
(2) Relationship with law enforcement agencies
The Director shall consult with relevant law enforcement and security agencies in the development and delivery of FLETC's training programs.
(3) Training delivery locations
The training required under paragraph (1) may be conducted at FLETC facilities, at appropriate off-site locations, or by distributed learning.
(4) Strategic partnerships
(A) In general
The Director may—
(i) execute strategic partnerships with State and local law enforcement to provide such law enforcement with specific training, including maritime law enforcement training; and
(ii) coordinate with the Director of the Cybersecurity and Infrastructure Security Agency and with private sector stakeholders, including critical infrastructure owners and operators, to provide training pertinent to improving coordination, security, and resiliency of critical infrastructure.
(B) Provision of information
The Director shall provide to the Committee on Homeland Security of the House of Representatives and the Committee on Homeland Security and Governmental Affairs of the Senate, upon request, information on activities undertaken in the previous year pursuant to subparagraph (A).
(5) FLETC details to DHS
The Director may detail employees of FLETC to positions throughout the Department in furtherance of improving the effectiveness and quality of training provided by the Department and, as appropriate, the development of critical departmental programs and initiatives.
(6) Detail of instructors to FLETC
Partner organizations that wish to participate in FLETC training programs shall assign non-reimbursable detailed instructors to FLETC for designated time periods to support all training programs at FLETC, as appropriate. The Director shall determine the number of detailed instructors that is proportional to the number of training hours requested by each partner organization scheduled by FLETC for each fiscal year. If a partner organization is unable to provide a proportional number of detailed instructors, such partner organization shall reimburse FLETC for the salary equivalent for such detailed instructors, as appropriate.
(7) Partner organization expenses requirements
(A) In general
Partner organizations shall be responsible for the following expenses:
(i) Salaries, travel expenses, lodging expenses, and miscellaneous per diem allowances of their personnel attending training courses at FLETC.
(ii) Salaries and travel expenses of instructors and support personnel involved in conducting advanced training at FLETC for partner organization personnel and the cost of expendable supplies and special equipment for such training, unless such supplies and equipment are common to FLETC-conducted training and have been included in FLETC's budget for the applicable fiscal year.
(B) Excess basic and advanced Federal training
All hours of advanced training and hours of basic training provided in excess of the training for which appropriations were made available shall be paid by the partner organizations and provided to FLETC on a reimbursable basis in accordance with
(8) Provision of non-Federal training
(A) In general
The Director is authorized to charge and retain fees that would pay for its actual costs of the training for the following:
(i) State, local, tribal, and territorial law enforcement personnel.
(ii) Foreign law enforcement officials, including provision of such training at the International Law Enforcement Academies wherever established.
(iii) Private sector security officers, participants in the Federal Flight Deck Officer program under
(B) Waiver
The Director may waive the requirement for reimbursement of any cost under this section and shall maintain records regarding the reasons for any requirements so waived.
(9) Reimbursement
The Director is authorized to reimburse travel or other expenses for non-Federal personnel who attend activities related to training sponsored by FLETC, at travel and per diem rates established by the General Services Administration.
(10) Student support
In furtherance of its training mission, the Director is authorized to provide the following support to students:
(A) Athletic and related activities.
(B) Short-term medical services.
(C) Chaplain services.
(11) Authority to hire Federal annuitants
(A) In general
Notwithstanding any other provision of law, the Director is authorized to appoint and maintain, as necessary, Federal annuitants who have expert knowledge and experience to meet the training responsibilities under this subsection.
(B) No reduction in retirement pay
A Federal annuitant employed pursuant to this paragraph shall not be subject to any reduction in pay for annuity allocable to the period of actual employment under the provisions of
(C) Re-employed annuitants
A Federal annuitant employed pursuant to this paragraph shall not be considered an employee for purposes of subchapter III of
(D) Counting
Federal annuitants shall be counted on a full time equivalent basis.
(E) Limitation
No appointment under this paragraph may be made which would result in the displacement of any employee.
(12) Travel for intermittent employees
The Director is authorized to reimburse intermittent Federal employees traveling from outside a commuting distance (to be predetermined by the Director) for travel expenses.
(e) On-FLETC housing
Notwithstanding any other provision of law, individuals attending training at any FLETC facility shall, to the extent practicable and in accordance with FLETC policy, reside in on-FLETC or FLETC-provided housing.
(f) Additional fiscal authorities
In order to further the goals and objectives of FLETC, the Director is authorized to—
(1) expend funds for public awareness and to enhance community support of law enforcement training, including the advertisement of available law enforcement training programs;
(2) accept and use gifts of property, both real and personal, and to accept gifts of services, for purposes that promote the functions of the Director pursuant to subsection (c) and the training responsibilities of the Director under subsection (d);
(3) accept reimbursement from other Federal agencies for the construction or renovation of training and support facilities and the use of equipment and technology on government owned-property; 1
(4) obligate funds in anticipation of reimbursements from agencies receiving training at FLETC, except that total obligations at the end of a fiscal year may not exceed total budgetary resources available at the end of such fiscal year;
(5) in accordance with the purchasing authority provided under
(A) purchase employee and student uniforms; and
(B) purchase and lease passenger motor vehicles, including vehicles for police-type use;
(6) provide room and board for student interns; and
(7) expend funds each fiscal year to honor and memorialize FLETC graduates who have died in the line of duty.
(g) Definitions
In this section:
(1) Basic training
The term "basic training" means the entry-level training required to instill in new Federal law enforcement personnel fundamental knowledge of criminal laws, law enforcement and investigative techniques, laws and rules of evidence, rules of criminal procedure, constitutional rights, search and seizure, and related issues.
(2) Detailed instructors
The term "detailed instructors" means personnel who are assigned to the Federal Law Enforcement Training Centers for a period of time to serve as instructors for the purpose of conducting basic and advanced training.
(3) Director
The term "Director" means the Director of the Federal Law Enforcement Training Centers.
(4) Distributed learning
The term "distributed learning" means education in which students take academic courses by accessing information and communicating with the instructor, from various locations, on an individual basis, over a computer network or via other technologies.
(5) Employee
The term "employee" has the meaning given such term in
(6) Federal agency
The term "Federal agency" means—
(A) an Executive Department as defined in
(B) an independent establishment as defined in
(C) a Government corporation as defined in
(D) the Government Printing Office;
(E) the United States Capitol Police;
(F) the United States Supreme Court Police; and
(G) Government agencies with law enforcement related duties.
(7) Law enforcement personnel
The term "law enforcement personnel" means an individual, including criminal investigators (commonly known as "agents") and uniformed police (commonly known as "officers"), who has statutory authority to search, seize, make arrests, or to carry firearms.
(8) Local
The term "local" means—
(A) of or pertaining to any county, parish, municipality, city, town, township, rural community, unincorporated town or village, local public authority, educational institution, special district, intrastate district, council of governments (regardless of whether the council of governments is incorporated as a nonprofit corporation under State law), regional or interstate government entity, any agency or instrumentality of a local government, or any other political subdivision of a State; and
(B) an Indian tribe or authorized tribal organization, or in Alaska a Native village or Alaska Regional Native Corporation.
(9) Partner organization
The term "partner organization" means any Federal agency participating in FLETC's training programs under a formal memorandum of understanding.
(10) State
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 Commonwealth of the Northern Mariana Islands, and any possession of the United States.
(11) Student intern
The term "student intern" means any eligible baccalaureate or graduate degree student participating in FLETC's College Intern Program.
(h) Prohibition on new funding
No funds are authorized to carry out this section. This section shall be carried out using amounts otherwise appropriated or made available for such purpose.
(
Editorial Notes
Amendments
2022—Subsec. (d)(4)(A)(ii).
2018—Subsec. (d)(4)(A)(ii).
2016—
2010—Subsec. (c).
Statutory Notes and Related Subsidiaries
Change of Name
Government Printing Office redesignated Government Publishing Office. See section 1301(b) of
Rule of Construction
Nothing in amendment made by
Standards for Measuring and Assessing the Quality and Effectiveness of Federal Law Enforcement Training
Similar provisions were contained in the following prior appropriation acts:
Annual Outstanding Student Award
Similar provisions were contained in the following prior appropriation acts:
1 So in original. Probably should be "Government-owned property;".
§464a. Repealed. Pub. L. 111–245, §2(b)(2), Sept. 30, 2010, 124 Stat. 2621
Section,
§464b. Staffing accreditation function
In fiscal year 2004 and thereafter, the Center is authorized to accept detailees from other Federal agencies, on a non-reimbursable basis, to staff the accreditation function.
(
Editorial Notes
References in Text
The Center, referred to in text, means the Federal Law Enforcement Training Center.
Codification
Section was enacted as part of the Department of Homeland Security Appropriations Act, 2004, and not as part of the Homeland Security Act of 2002 which comprises this chapter.
Prior Provisions
Similar provisions were contained in the following prior appropriation act:
§464c. Student housing
In fiscal year 2004 and thereafter, students attending training at any Center site shall reside in on-Center or Center-provided housing, insofar as available and in accordance with Center policy.
(
Editorial Notes
References in Text
The Center, referred to in text, means the Federal Law Enforcement Training Center.
Codification
Section was enacted as part of the Department of Homeland Security Appropriations Act, 2004, and not as part of the Homeland Security Act of 2002 which comprises this chapter.
Prior Provisions
Similar provisions were contained in the following prior appropriation acts:
§464d. Additional funds for training
In fiscal year 2004 and thereafter, funds appropriated in this account shall be available, at the discretion of the Director, for the following: training United States Postal Service law enforcement personnel and Postal police officers; State and local government law enforcement training on a space-available basis; training of foreign law enforcement officials on a space-available basis with reimbursement of actual costs to this appropriation, except that reimbursement may be waived by the Secretary for law enforcement training activities in foreign countries undertaken under section 801 of the Antiterrorism and Effective Death Penalty Act of 1996 (
(
Editorial Notes
References in Text
"Funds appropriated in this account", and "this appropriation", referred to in text, mean funds appropriated under the headings "
Section 801 of the Antiterrorism and Effective Death Penalty Act of 1996, referred to in text, is section 801 of
The Center, referred to in text, means the Federal Law Enforcement Training Center.
Codification
Section was enacted as part of the Department of Homeland Security Appropriations Act, 2004, and not as part of the Homeland Security Act of 2002 which comprises this chapter.
Prior Provisions
Similar provisions were contained in the following prior appropriation acts:
§464e. Short-term medical services for students
In fiscal year 2004 and thereafter, the Center is authorized to provide short-term medical services for students undergoing training at the Center.
(
Editorial Notes
References in Text
The Center, referred to in text, means the Federal Law Enforcement Training Center.
Codification
Section was enacted as part of the Department of Homeland Security Appropriations Act, 2004, and not as part of the Homeland Security Act of 2002 which comprises this chapter.
Prior Provisions
Similar provisions were contained in the following prior appropriation acts:
§465. Joint Interagency Task Force
(a) Establishment
The Secretary may establish and operate a permanent Joint Interagency Homeland Security Task Force composed of representatives from military and civilian agencies of the United States Government for the purposes of anticipating terrorist threats against the United States and taking appropriate actions to prevent harm to the United States.
(b) Structure
It is the sense of Congress that the Secretary should model the Joint Interagency Homeland Security Task Force on the approach taken by the Joint Interagency Task Forces for drug interdiction at Key West, Florida and Alameda, California, to the maximum extent feasible and appropriate.
(
§466. Sense of Congress reaffirming the continued importance and applicability of the Posse Comitatus Act
(a) Findings
Congress finds the following:
(1)
(2) Enacted in 1878, the Posse Comitatus Act was expressly intended to prevent United States Marshals, on their own initiative, from calling on the Army for assistance in enforcing Federal law.
(3) The Posse Comitatus Act has served the Nation well in limiting the use of the Armed Forces to enforce the law.
(4) Nevertheless, by its express terms, the Posse Comitatus Act is not a complete barrier to the use of the Armed Forces for a range of domestic purposes, including law enforcement functions, when the use of the Armed Forces is authorized by Act of Congress or the President determines that the use of the Armed Forces is required to fulfill the President's obligations under the Constitution to respond promptly in time of war, insurrection, or other serious emergency.
(5) Existing laws, including
(b) Sense of Congress
Congress reaffirms the continued importance of
(
Editorial Notes
References in Text
The Robert T. Stafford Disaster Relief and Emergency Assistance Act, referred to in subsec. (a)(5), is
This chapter, referred to in subsec. (b), was in the original "this Act", meaning
Amendments
2018—Subsec. (a)(5).
§467. Coordination with the Department of Health and Human Services under the Public Health Service Act
(a) In general
The annual Federal response plan developed by the Department shall be consistent with section 319 of the Public Health Service Act (
(b) Disclosures among relevant agencies
(1) In general
Full disclosure among relevant agencies shall be made in accordance with this subsection.
(2) Public health emergency
During the period in which the Secretary of Health and Human Services has declared the existence of a public health emergency under section 319(a) of the Public Health Service Act (
(3) Potential public health emergency
In cases involving, or potentially involving, a public health emergency, but in which no determination of an emergency by the Secretary of Health and Human Services under section 319(a) of the Public Health Service Act (
(
§468. Preserving Coast Guard mission performance
(a) Definitions
In this section:
(1) Non-homeland security missions
The term "non-homeland security missions" means the following missions of the Coast Guard:
(A) Marine safety.
(B) Search and rescue.
(C) Aids to navigation.
(D) Living marine resources (fisheries law enforcement).
(E) Marine environmental protection.
(F) Ice operations.
(2) Homeland security missions
The term "homeland security missions" means the following missions of the Coast Guard:
(A) Ports, waterways and coastal security.
(B) Drug interdiction.
(C) Migrant interdiction.
(D) Defense readiness.
(E) Other law enforcement.
(b) Transfer
There are transferred to the Department the authorities, functions, personnel, and assets of the Coast Guard, which shall be maintained as a distinct entity within the Department, including the authorities and functions of the Secretary of Transportation relating thereto.
(c) Maintenance of status of functions and assets
Notwithstanding any other provision of this chapter, the authorities, functions, and capabilities of the Coast Guard to perform its missions shall be maintained intact and without significant reduction after the transfer of the Coast Guard to the Department, except as specified in subsequent Acts.
(d) Certain transfers prohibited
No mission, function, or asset (including for purposes of this subsection any ship, aircraft, or helicopter) of the Coast Guard may be diverted to the principal and continuing use of any other organization, unit, or entity of the Department, except for details or assignments that do not reduce the Coast Guard's capability to perform its missions.
(e) Changes to missions
(1) Prohibition
The Secretary may not substantially or significantly reduce the missions of the Coast Guard or the Coast Guard's capability to perform those missions, except as specified in subsequent Acts.
(2) Waiver
The Secretary may waive the restrictions under paragraph (1) for a period of not to exceed 90 days upon a declaration and certification by the Secretary to Congress that a clear, compelling, and immediate need exists for such a waiver. A certification under this paragraph shall include a detailed justification for the declaration and certification, including the reasons and specific information that demonstrate that the Nation and the Coast Guard cannot respond effectively if the restrictions under paragraph (1) are not waived.
(f) Direct reporting to Secretary
Upon the transfer of the Coast Guard to the Department, the Commandant shall report directly to the Secretary without being required to report through any other official of the Department.
(g) Operation as a service in the Navy
None of the conditions and restrictions in this section shall apply when the Coast Guard operates as a service in the Navy under section 3 1 of title 14.
(
Editorial Notes
References in Text
This chapter, referred to in subsec. (c), was in the original "this Act", meaning
Amendments
2018—Subsec. (h).
"(1) analyzes the feasibility of accelerating the rate of procurement in the Coast Guard's Integrated Deepwater System from 20 years to 10 years;
"(2) includes an estimate of additional resources required;
"(3) describes the resulting increased capabilities;
"(4) outlines any increases in the Coast Guard's homeland security readiness;
"(5) describes any increases in operational efficiencies; and
"(6) provides a revised asset phase-in time line."
2014—Subsecs. (f) to (i).
1 See References in Text note below.
§469. Fees for credentialing and background investigations in transportation
(a) Fees
For fiscal year 2004 and thereafter, the Secretary of Homeland Security shall charge reasonable fees for providing credentialing and background investigations in the field of transportation: Provided, That the establishment and collection of fees shall be subject to the following requirements:
(1) such fees, in the aggregate, shall not exceed the costs incurred by the Department of Homeland Security associated with providing the credential or performing the background record checks;
(2) the Secretary shall charge fees in amounts that are reasonably related to the costs of providing services in connection with the activity or item for which the fee is charged;
(3) a fee may not be collected except to the extent such fee will be expended to pay for the costs of conducting or obtaining a criminal history record check and a review of available law enforcement databases and commercial databases and records of other governmental and international agencies; reviewing and adjudicating requests for waiver and appeals of agency decisions with respect to providing the credential, performing the background record check, and denying requests for waiver and appeals; and any other costs related to providing the credential or performing the background record check; and
(4) any fee collected shall be available for expenditure only to pay the costs incurred in providing services in connection with the activity or item for which the fee is charged and shall remain available until expended.
(b) Recurrent training of aliens in operation of aircraft
(1) Process for reviewing threat assessments
Notwithstanding
(2) Interruption of training
If the Secretary determines, in carrying out the process established under paragraph (1), that an alien is a present risk to aviation or national security, the Secretary shall immediately notify the person providing the training of the determination and that person shall not provide the training or if such training has commenced that person shall immediately terminate the training.
(3) Fees
The Secretary may charge reasonable fees under subsection (a) for providing credentialing and background investigations for aliens in connection with the process for recurrent training established under paragraph (1). Such fees shall be promulgated by notice in the Federal Register.
(
Editorial Notes
Codification
Section was enacted as part of the Department of Homeland Security Appropriations Act, 2004, and not as part of the Homeland Security Act of 2002 which comprises this chapter.
Amendments
2008—
§469a. Collection of fees from non-Federal participants in meetings
For fiscal year 2010 and thereafter, the Secretary of Homeland Security may collect fees from any non-Federal participant in a conference, seminar, exhibition, symposium, or similar meeting conducted by the Department of Homeland Security in advance of the conference, either directly or by contract, and those fees shall be credited to the appropriation or account from which the costs of the conference, seminar, exhibition, symposium, or similar meeting are paid and shall be available to pay the costs of the Department of Homeland Security with respect to the conference or to reimburse the Department for costs incurred with respect to the conference: Provided, That in the event the total amount of fees collected with respect to a conference exceeds the actual costs of the Department of Homeland Security with respect to the conference, the amount of such excess shall be deposited into the Treasury as miscellaneous receipts: Provided further, That the Secretary shall provide a report to the Committees on Appropriations of the Senate and the House of Representatives not later than January 5, 2011, providing the level of collections and a summary by agency of the purposes and levels of expenditures for the prior fiscal year,.1
(
Editorial Notes
Codification
Section was enacted as part of the Department of Homeland Security Appropriations Act, 2010, and not as part of the Homeland Security Act of 2002 which comprises this chapter.
Amendments
2015—
§470. Disclosures regarding homeland security grants
(a) Definitions
In this section:
(1) Homeland security grant
The term "homeland security grant" means any grant made or administered by the Department, including—
(A) the State Homeland Security Grant Program;
(B) the Urban Area Security Initiative Grant Program;
(C) the Law Enforcement Terrorism Prevention Program;
(D) the Citizen Corps; and
(E) the Metropolitan Medical Response System.
(2) Local government
The term "local government" has the meaning given the term in
(b) Required disclosures
Each State or local government that receives a homeland security grant shall, not later than 12 months after the later of October 13, 2006, and the date of receipt of such grant, and every 12 months thereafter until all funds provided under such grant are expended, submit a report to the Secretary that contains a list of all expenditures made by such State or local government using funds from such grant.
(
Editorial Notes
Codification
Section was enacted as part of the Security and Accountability For Every Port Act of 2006, also known as the SAFE Port Act, and not as part of the Homeland Security Act of 2002 which comprises this chapter.
Statutory Notes and Related Subsidiaries
Definitions
For definitions of "Department" and "Secretary" as used in this section, see
§471. Annual ammunition report
(a) The Secretary of Homeland Security shall submit to Congress, 180 days after January 17, 2014, and annually thereafter beginning with the submission of the President's budget proposal for fiscal year 2016 pursuant to
(1) the quantity of ammunition in inventory at the end of the preceding calendar year, and the amount of ammunition expended and purchased, subdivided by ammunition type, during the year for each relevant component or agency in the Department of Homeland Security;
(2) a description of how such quantity, usage, and purchase aligns to each component or agency's mission requirements for certification, qualification, training, and operations; and
(3) details on all contracting practices applied by the Department of Homeland Security, including comparative details regarding other contracting options with respect to cost and availability.
(b) The reports required by subsection (a) shall be submitted in an appropriate format in order to ensure the safety of law enforcement personnel.
(
Editorial Notes
Codification
Section was enacted as part of the appropriation act cited in the credit of this section, and not as part of the Homeland Security Act of 2002 which comprises this chapter.
§472. Annual weaponry report
(a) The Secretary of Homeland Security shall submit to the Congress, not later than 180 days after March 4, 2015, and annually thereafter, beginning at the time the President's budget proposal for fiscal year 2017 is submitted pursuant to
(1) the quantity of weapons in inventory at the end of the preceding calendar year, and the amount of weapons, subdivided by weapon type, included in the budget request for each relevant component or agency in the Department of Homeland Security;
(2) a description of how such quantity and purchase aligns to each component or agency's mission requirements for certification, qualification, training, and operations; and
(3) details on all contracting practices applied by the Department of Homeland Security, including comparative details regarding other contracting options with respect to cost and availability.
(b) The reports required by subsection (a) shall be submitted in an appropriate format in order to ensure the safety of law enforcement personnel.
(
Editorial Notes
Codification
Section was enacted as part of the appropriation act cited in the credit of this section, and not as part of the Homeland Security Act of 2002 which comprises this chapter.
§473. Cyber Crimes Center, Child Exploitation Investigations Unit, Computer Forensics Unit, and Cyber Crimes Unit
(a) Cyber Crimes Center
(1) In general
The Secretary shall operate, within United States Immigration and Customs Enforcement, Homeland Security Investigations, a Cyber Crimes Center (referred to in this section as the "Center").
(2) Purpose
The Center shall provide investigative assistance, training, and equipment to support domestic and international investigations of cyber-related crimes by the Department.
(b) Child Exploitation Investigations Unit
(1) In general
The Secretary shall operate, within the Center, a Child Exploitation Investigations Unit (referred to in this subsection as the "CEIU").
(2) Functions
The CEIU—
(A) shall coordinate all United States Immigration and Customs Enforcement child exploitation initiatives, including investigations into—
(i) child exploitation;
(ii) child pornography;
(iii) child victim identification;
(iv) traveling child sex offenders; and
(v) forced child labor, including the sexual exploitation of minors;
(B) shall, among other things, focus on—
(i) child exploitation prevention;
(ii) investigative capacity building;
(iii) enforcement operations; and
(iv) training for Federal, State, local, tribal, and foreign law enforcement agency personnel, upon request;
(C) shall provide training, technical expertise, support, or coordination of child exploitation investigations, as needed, to cooperating law enforcement agencies and personnel, which shall include participating in training for Homeland Security Investigations personnel conducted by Internet Crimes Against Children Task Forces;
(D) shall provide psychological support and counseling services for United States Immigration and Customs Enforcement personnel engaged in child exploitation prevention initiatives, including making available other existing services to assist employees who are exposed to child exploitation material during investigations;
(E) is authorized to collaborate with the Department of Defense and the National Association to Protect Children for the purpose of the recruiting, training, equipping and hiring of wounded, ill, and injured veterans and transitioning service members, through the Human Exploitation Rescue Operative (HERO) Child Rescue Corps program 1; and
(F) shall collaborate with other governmental, nongovernmental, and nonprofit entities approved by the Secretary for the sponsorship of, and participation in, outreach and training activities.
(3) Data collection
The CEIU shall collect and maintain data concerning—
(A) the total number of suspects identified by United States Immigration and Customs Enforcement;
(B) the number of arrests by United States Immigration and Customs Enforcement in child exploitation investigations, disaggregated by type, including—
(i) the number of child victims identified through investigations carried out by United States Immigration and Customs Enforcement; and
(ii) the number of suspects arrested who were in positions of trust or authority over children;
(C) the number of child exploitation cases opened for investigation by United States Immigration and Customs Enforcement; and
(D) the number of child exploitation cases resulting in a Federal, State, foreign, or military prosecution.
(4) Availability of data to Congress
In addition to submitting the reports required under paragraph (7), the CEIU shall make the data collected and maintained under paragraph (3) available to the committees of Congress described in paragraph (7).
(5) Cooperative agreements
The CEIU is authorized to enter into cooperative agreements to accomplish the functions set forth in paragraphs (2) and (3).
(6) Acceptance of gifts
(A) In general
The Secretary is authorized to accept monies and in-kind donations from the Virtual Global Taskforce, national laboratories, Federal agencies, not-for-profit organizations, and educational institutions to create and expand public awareness campaigns in support of the functions of the CEIU.
(B) Exemption from Federal Acquisition Regulation
Gifts authorized under subparagraph (A) shall not be subject to the Federal Acquisition Regulation for competition when the services provided by the entities referred to in such subparagraph are donated or of minimal cost to the Department.
(7) Reports
Not later than 1 year after May 29, 2015, and annually for the following 4 years, the CEIU shall—
(A) submit a report containing a summary of the data collected pursuant to paragraph (3) during the previous year to—
(i) the Committee on Homeland Security and Governmental Affairs of the Senate;
(ii) the Committee on the Judiciary of the Senate;
(iii) the Committee on Appropriations of the Senate;
(iv) the Committee on Homeland Security of the House of Representatives;
(v) the Committee on the Judiciary of the House of Representatives; and
(vi) the Committee on Appropriations of the House of Representatives; and
(B) make a copy of each report submitted under subparagraph (A) publicly available on the website of the Department.
(c) Computer Forensics Unit
(1) In general
The Secretary shall operate, within the Center, a Computer Forensics Unit (referred to in this subsection as the "CFU").
(2) Functions
The CFU—
(A) shall provide training and technical support in digital forensics and administer the Digital Forensics and Document and Media Exploitation program to—
(i) United States Immigration and Customs Enforcement personnel; and
(ii) Federal, State, local, tribal, military, and foreign law enforcement agency personnel engaged in the investigation of crimes within their respective jurisdictions, upon request and subject to the availability of funds;
(B) shall provide computer hardware, software, and forensic licenses for all computer forensics personnel within United States Immigration and Customs Enforcement;
(C) shall participate in research and development in the area of digital forensics and emerging technologies, in coordination with appropriate components of the Department; and
(D) is authorized to collaborate with the Department of Defense, the National Association to Protect Children, and other governmental entities for the purpose of recruiting, training, equipping, and hiring wounded, ill, and injured veterans and transitioning service members, through the Human Exploitation Rescue Operative (HERO) Child Rescue Corps program 1.
(3) Cooperative agreements
The CFU is authorized to enter into cooperative agreements to accomplish the functions set forth in paragraph (2).
(4) Acceptance of gifts
(A) In general
The Secretary is authorized to accept monies and in-kind donations from the Virtual Global Task Force, national laboratories, Federal agencies, not-for-profit organizations, and educational institutions to create and expand public awareness campaigns in support of the functions of the CFU.
(B) Exemption from Federal Acquisition Regulation
Gifts authorized under subparagraph (A) shall not be subject to the Federal Acquisition Regulation for competition when the services provided by the entities referred to in such subparagraph are donated or of minimal cost to the Department.
(d) Cyber Crimes Unit
(1) In general
The Secretary shall operate, within the Center, a Cyber Crimes Unit (referred to in this subsection as the "CCU").
(2) Functions
The CCU—
(A) shall oversee the cyber security strategy and cyber-related operations and programs for United States Immigration and Customs Enforcement;
(B) shall enhance United States Immigration and Customs Enforcement's ability to combat criminal enterprises operating on or through the Internet, with specific focus in the areas of—
(i) cyber economic crime;
(ii) digital theft of intellectual property;
(iii) illicit e-commerce (including hidden marketplaces);
(iv) Internet-facilitated proliferation of arms and strategic technology; and
(v) cyber-enabled smuggling and money laundering;
(C) shall provide training and technical support in cyber investigations to—
(i) United States Immigration and Customs Enforcement personnel; and
(ii) Federal, State, local, tribal, military, and foreign law enforcement agency personnel engaged in the investigation of crimes within their respective jurisdictions, upon request and subject to the availability of funds;
(D) shall participate in research and development in the area of cyber investigations, in coordination with appropriate components of the Department; and
(E) is authorized to recruit participants of the Human Exploitation Rescue Operative (HERO) Child Rescue Corps program 1 for investigative and forensic positions in support of the functions of the CCU.
(3) Cooperative agreements
The CCU is authorized to enter into cooperative agreements to accomplish the functions set forth in paragraph (2).
(e) HERO Child-Rescue Corps 2
(1) Establishment
(A) In general
There is established within the Center a Human Exploitation Rescue Operation 3 Child-Rescue Corps Program (referred to in this section as the "HERO Child-Rescue Corps Program"), which shall be a Department-wide program, in collaboration with the Department of Defense and the National Association to Protect Children.
(B) Private sector collaboration
As part of the HERO Child-Rescue Corps Program, the National Association to Protect Children shall provide logistical support for program participants.
(2) Purpose
The purpose of the HERO Child-Rescue Corps Program shall be to recruit, train, equip, and employ members of the Armed Forces on active duty and wounded, ill, and injured veterans to combat and prevent child exploitation, including in investigative, intelligence, analyst, inspection, and forensic positions or any other positions determined appropriate by the employing agency.
(3) Functions
The HERO Child-Rescue Program shall—
(A) provide, recruit, train, and equip participants of the Program in the areas of digital forensics, investigation, analysis, intelligence, and victim identification, as determined by the Center and the needs of the Department; and
(B) ensure that during the internship period, participants of the Program are assigned to investigate and analyze—
(i) child exploitation;
(ii) child pornography;
(iii) unidentified child victims;
(iv) human trafficking;
(v) traveling child sex offenders; and
(vi) forced child labor, including the sexual exploitation of minors.
(f) Paid internship and hiring program
(1) In general
The Secretary shall establish a paid internship and hiring program for the purpose of placing participants of the HERO Child-Rescue Corps Program (in this subsection referred to as "participants") into paid internship positions, for the subsequent appointment of the participants to permanent positions, as described in the guidelines promulgated under paragraph (3).
(2) Internship positions
Under the paid internship and hiring program required to be established under paragraph (1), the Secretary shall assign or detail participants to positions within United States Immigration and Customs Enforcement or any other Federal agency in accordance with the guidelines promulgated under paragraph (3).
(3) Placement
(A) In general
The Secretary shall promulgate guidelines for assigning or detailing participants to positions within United States Immigration and Customs Enforcement and other Federal agencies, which shall include requirements for internship duties and agreements regarding the subsequent appointment of the participants to permanent positions.
(B) Preference
The Secretary shall give a preference to Homeland Security Investigations in assignments or details under the guidelines promulgated under subparagraph (A).
(4) Term of internship
An appointment to an internship position under this subsection shall be for a term not to exceed 12 months.
(5) Rate and term of pay
After completion of initial group training and upon beginning work at an assigned office, a participant appointed to an internship position under this subsection who is not receiving monthly basic pay as a member of the Armed Forces on active duty shall receive compensation at a rate that is—
(A) not less than the minimum rate of basic pay payable for a position at level GS–5 of the General Schedule; and
(B) not more than the maximum rate of basic pay payable for a position at level GS–7 of the General Schedule.
(6) Eligibility
In establishing the paid internship and hiring program required under paragraph (1), the Secretary shall ensure that the eligibility requirements for participation in the internship program are the same as the eligibility requirements for participation in the HERO Child-Rescue Corps Program.
(7) Hero Corps hiring
The Secretary shall establish within Homeland Security Investigations positions, which shall be in addition to any positions in existence on December 21, 2019, for the hiring and permanent employment of graduates of the paid internship program required to be established under paragraph (1).
(g) Authorization of appropriations
(1) In general
There are authorized to be appropriated to the Secretary such sums as are necessary to carry out this section.
(2) Allocation
Of the amount made available pursuant to paragraph (1) in each of fiscal years 2022 through 2027, not more than $10,000,000 shall be used to carry out subsection (e) and not less than $2,000,000 shall be used to carry out subsection (f).
(
Editorial Notes
Amendments
2023—Subsec. (g)(2).
2018—Subsec. (a)(1).
Subsec. (a)(2).
Subsec. (b)(2)(C).
Subsec. (b)(3)(B).
Subsec. (b)(3)(B)(i).
Subsec. (b)(3)(C), (D).
Subsec. (c)(2)(A).
Subsec. (c)(2)(C).
Subsec. (c)(2)(D).
Subsecs. (e), (f).
Subsec. (g).
Statutory Notes and Related Subsidiaries
Findings
"(1) The illegal market for the production and distribution of child abuse imagery is a growing threat to children in the United States. International demand for this material creates a powerful incentive for the rape, abuse, and torture of children within the United States.
"(2) The targeting of United States children by international criminal networks is a threat to the homeland security of the United States. This threat must be fought with trained personnel and highly specialized counter-child-exploitation strategies and technologies.
"(3) The United States Immigration and Customs Enforcement of the Department of Homeland Security serves a critical national security role in protecting the United States from the growing international threat of child exploitation and human trafficking.
"(4) The Cyber Crimes Center of the United States Immigration and Customs Enforcement is a vital national resource in the effort to combat international child exploitation, providing advanced expertise and assistance in investigations, computer forensics, and victim identification.
"(5) The returning military heroes of the United States possess unique and valuable skills that can assist law enforcement in combating global sexual and child exploitation, and the Department of Homeland Security should use this national resource to the maximum extent possible.
"(6) Through the Human Exploitation Rescue Operative (HERO) Child Rescue Corps program, the returning military heroes of the United States are trained and hired to investigate crimes of child exploitation in order to target predators and rescue children from sexual abuse and slavery."
1 So in original. Probably should be "Program".
2 So in original. "Program" probably should be inserted at end of heading.
3 So in original. Probably should be "Operative".
§474. Homeland security critical domain research and development
(a) In general
(1) Research and development
The Secretary is authorized to conduct research and development to—
(A) identify United States critical domains for economic security and homeland security; and
(B) evaluate the extent to which disruption, corruption, exploitation, or dysfunction of any of such domain poses a substantial threat to homeland security.
(2) Requirements
(A) Risk analysis of critical domains
The research under paragraph (1) shall include a risk analysis of each identified United States critical domain for economic security to determine the degree to which there exists a present or future threat to homeland security in the event of disruption, corruption, exploitation, or dysfunction to such domain. Such research shall consider, to the extent possible, the following:
(i) The vulnerability and resilience of relevant supply chains.
(ii) Foreign production, processing, and manufacturing methods.
(iii) Influence of malign economic actors.
(iv) Asset ownership.
(v) Relationships within the supply chains of such domains.
(vi) The degree to which the conditions referred to in clauses (i) through (v) would place such a domain at risk of disruption, corruption, exploitation, or dysfunction.
(B) Additional research into high-risk critical domains
Based on the identification and risk analysis of United States critical domains for economic security pursuant to paragraph (1) and subparagraph (A) of this paragraph, respectively, the Secretary may conduct additional research into those critical domains, or specific elements thereof, with respect to which there exists the highest degree of a present or future threat to homeland security in the event of disruption, corruption, exploitation, or dysfunction to such a domain. For each such high-risk domain, or element thereof, such research shall—
(i) describe the underlying infrastructure and processes;
(ii) analyze present and projected performance of industries that comprise or support such domain;
(iii) examine the extent to which the supply chain of a product or service necessary to such domain is concentrated, either through a small number of sources, or if multiple sources are concentrated in one geographic area;
(iv) examine the extent to which the demand for supplies of goods and services of such industries can be fulfilled by present and projected performance of other industries, identify strategies, plans, and potential barriers to expand the supplier industrial base, and identify the barriers to the participation of such other industries;
(v) consider each such domain's performance capacities in stable economic environments, adversarial supply conditions, and under crisis economic constraints;
(vi) identify and define needs and requirements to establish supply resiliency within each such domain; and
(vii) consider the effects of sector consolidation, including foreign consolidation, either through mergers or acquisitions, or due to recent geographic realignment, on such industries' performances.
(3) Consultation
In conducting the research under paragraph (1) and subparagraph (B) of paragraph (2), the Secretary may consult with appropriate Federal agencies, State agencies, and private sector stakeholders.
(4) Publication
Beginning one year after December 27, 2021, the Secretary shall publish a report containing information relating to the research under paragraph (1) and subparagraph (B) of paragraph (2), including findings, evidence, analysis, and recommendations. Such report shall be updated annually through 2026.
(b) Submission to Congress
Not later than 90 days after the publication of each report required under paragraph (4) of subsection (a), the Secretary shall transmit to the Committee on Homeland Security of the House of Representatives and the Committee on Homeland Security and Governmental Affairs of the Senate each such report, together with a description of actions the Secretary, in consultation with appropriate Federal agencies, will undertake or has undertaken in response to each such report.
(c) Definitions
In this section:
(1) United states critical domains for economic security
The term "United States critical domains for economic security" means the critical infrastructure and other associated industries, technologies, and intellectual property, or any combination thereof, that are essential to the economic security of the United States.
(2) Economic security
The term "economic security" means the condition of having secure and resilient domestic production capacity, combined with reliable access to the global resources necessary to maintain an acceptable standard of living and to protect core national values.
(d) Authorization of appropriations
There is authorized to be appropriated $1,000,000 for each of fiscal years 2022 through 2026 to carry out this section.
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§475. Transnational Criminal Investigative Units
(a) In general
The Secretary, with the concurrence of the Secretary of State, shall operate Transnational Criminal Investigative Units within Homeland Security Investigations.
(b) Composition
Each Transnational Criminal Investigative Unit shall be composed of trained foreign law enforcement officials who shall collaborate with Homeland Security Investigations to investigate and prosecute individuals involved in transnational criminal activity.
(c) Vetting requirement
(1) In general
Before entry into a Transnational Criminal Investigative Unit, and at periodic intervals while serving in such a unit, foreign law enforcement officials shall be required to pass certain security evaluations, which may include a background check, a polygraph examination, a urinalysis test, or other measures that the Secretary determines to be appropriate.
(2) Leahy vetting required
No member of a foreign law enforcement unit may join a Transnational Criminal Investigative Unit if the Secretary, in coordination with the Secretary of State, has credible information that such foreign law enforcement unit has committed a gross violation of human rights, consistent with the limitations set forth in
(3) Approval and concurrence
The establishment and continued support of the Transnational Criminal Investigative Units who are assigned under paragraph (1)—
(A) shall be performed with the approval of the chief of mission to the foreign country to which the personnel are assigned;
(B) shall be consistent with the duties and powers of the Secretary of State and the chief of mission for a foreign country under
(C) shall not be established without the concurrence of the Assistant Secretary of State for International Narcotics and Law Enforcement Affairs.
(4) Report
The Executive Associate Director of Homeland Security Investigations shall submit a report to the Committee on Foreign Relations of the Senate, the Committee on Homeland Security and Governmental Affairs of the Senate, the Committee on the Judiciary of the Senate, the Committee on Foreign Affairs of the House of Representatives, the Committee on Homeland Security of the House of Representatives, and the Committee on the Judiciary of the House of Representatives that describes—
(A) the procedures used for vetting Transnational Criminal Investigative Unit members to include compliance with the vetting required under this subsection; and
(B) any additional measures that should be implemented to prevent personnel in vetted units from being compromised by criminal organizations.
(d) Monetary stipend
The Executive Associate Director of Homeland Security Investigations is authorized to pay vetted members of a Transnational Criminal Investigative Unit a monetary stipend in an amount associated with their duties dedicated to unit activities.
(e) Annual briefing
The Executive Associate Director of Homeland Security Investigations, during the 5-year period beginning on December 23, 2022, shall provide an annual unclassified briefing to the congressional committees referred to in subsection (c)(4), which may include a classified session, if necessary, that identifies—
(1) the number of vetted members of Transnational Criminal Investigative Unit in each country;
(2) the amount paid in stipends to such members, disaggregated by country;
(3) relevant enforcement statistics, such as arrests and progress made on joint investigations, in each such country; and
(4) whether any vetted members of the Transnational Criminal Investigative Unit in each country were involved in any unlawful activity, including human rights abuses or significant acts of corruption.
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§475a. Mentor-protégé program
(a) Establishment
There is established in the Department a mentor-protégé program (in this section referred to as the "Program") under which a mentor firm enters into an agreement with a protégé firm for the purpose of assisting the protégé firm to compete for prime contracts and subcontracts of the Department.
(b) Eligibility
The Secretary shall establish criteria for mentor firms and protégé firms to be eligible to participate in the Program, including a requirement that a firm is not included on any list maintained by the Federal Government of contractors that have been suspended or debarred.
(c) Program application and approval
(1) Application
The Secretary, acting through the Office of Small and Disadvantaged Business Utilization of the Department, shall establish a process for submission of an application jointly by a mentor firm and the protégé firm selected by the mentor firm. The application shall include each of the following:
(A) A description of the assistance to be provided by the mentor firm, including, to the extent available, the number and a brief description of each anticipated subcontract to be awarded to the protégé firm.
(B) A schedule with milestones for achieving the assistance to be provided over the period of participation in the Program.
(C) An estimate of the costs to be incurred by the mentor firm for providing assistance under the Program.
(D) Attestations that Program participants will submit to the Secretary reports at times specified by the Secretary to assist the Secretary in evaluating the protégé firm's developmental progress.
(E) Attestations that Program participants will inform the Secretary in the event of a change in eligibility or voluntary withdrawal from the Program.
(2) Approval
Not later than 60 days after receipt of an application pursuant to paragraph (1), the head of the Office of Small and Disadvantaged Business Utilization shall notify applicants of approval or, in the case of disapproval, the process for resubmitting an application for reconsideration.
(3) Rescission
The head of the Office of Small and Disadvantaged Business Utilization may rescind the approval of an application under this subsection if it determines that such action is in the best interest of the Department.
(d) Program duration
A mentor firm and protégé firm approved under subsection (c) shall enter into an agreement to participate in the Program for a period of not less than 36 months.
(e) Program benefits
A mentor firm and protégé firm that enter into an agreement under subsection (d) may receive the following Program benefits:
(1) With respect to an award of a contract that requires a subcontracting plan, a mentor firm may receive evaluation credit for participating in the Program.
(2) With respect to an award of a contract that requires a subcontracting plan, a mentor firm may receive credit for a protégé firm performing as a first tier subcontractor or a subcontractor at any tier in an amount equal to the total dollar value of any subcontracts awarded to such protégé firm.
(3) A protégé firm may receive technical, managerial, financial, or any other mutually agreed upon benefit from a mentor firm, including a subcontract award.
(f) Reporting
Not later than one year after December 23, 2022, and annually thereafter, the head of the Office of Small and Disadvantaged Business Utilization shall submit to the Committee on Homeland Security and Governmental Affairs and the Committee on Small Business and Entrepreneurship of the Senate and the Committee on Homeland Security and the Committee on Small Business of the House of Representatives a report that—
(1) identifies each agreement between a mentor firm and a protégé firm entered into under this section, including the number of protégé firm participants that are—
(A) small business concerns;
(B) small business concerns owned and controlled by veterans;
(C) small business concerns owned and controlled by service-disabled veterans;
(D) qualified HUBZone small business concerns;
(E) small business concerns owned and controlled by socially and economically disadvantaged individuals;
(F) small business concerns owned and controlled by women;
(G) historically Black colleges and universities; and
(H) minority-serving institutions;
(2) describes the type of assistance provided by mentor firms to protégé firms;
(3) identifies contracts within the Department in which a mentor firm serving as the prime contractor provided subcontracts to a protégé firm under the Program; and
(4) assesses the degree to which there has been—
(A) an increase in the technical capabilities of protégé firms; and
(B) an increase in the quantity and estimated value of prime contract and subcontract awards to protégé firms for the period covered by the report.
(g) Rule of construction
Nothing in this section may be construed to limit, diminish, impair, or otherwise affect the authority of the Department to participate in any program carried out by or requiring approval of the Small Business Administration or adopt or follow any regulation or policy that the Administrator of the Small Business Administration may promulgate, except that, to the extent that any provision of this section (including subsection (h)) conflicts with any other provision of law, regulation, or policy, this section shall control.
(h) Definitions
In this section:
(1) Historically Black college or university
The term "historically Black college or university" has the meaning given the term "part B institution" in
(2) Mentor firm
The term "mentor firm" means a for-profit business concern that is not a small business concern that—
(A) has the ability to assist and commits to assisting a protégé to compete for Federal prime contracts and subcontracts; and
(B) satisfies any other requirements imposed by the Secretary.
(3) Minority-serving institution
The term "minority-serving institution" means an institution of higher education described in
(4) Protégé firm
The term "protégé firm" means a small business concern, a historically Black college or university, or a minority-serving institution that—
(A) is eligible to enter into a prime contract or subcontract with the Department; and
(B) satisfies any other requirements imposed by the Secretary.
(5) Small Business Act definitions
The terms "small business concern", "small business concern owned and controlled by veterans", "small business concern owned and controlled by service-disabled veterans", "qualified HUBZone small business concern", "and small 2 business concern owned and controlled by women" have the meanings given such terms, respectively, under
(
Editorial Notes
References in Text
1 See References in Text note below.
2 So in original. The opening quotation marks preceding "and" probably should precede "small".