Collapse to view only § 462. Office of National Capital Region Coordination

§ 451. Advisory committees
(a) In general
(b) Termination
(Pub. L. 107–296, title VIII, § 871, Nov. 25, 2002, 116 Stat. 2243; Pub. L. 117–286, § 4(a)(16), Dec. 27, 2022, 136 Stat. 4307.)
§ 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 section 542(b) of this title; or
(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
(2) Abolitions
(Pub. L. 107–296, title VIII, § 872, Nov. 25, 2002, 116 Stat. 2243.)
§ 453. Use of appropriated funds
(a) Disposal of property
(1) Strict compliance
(2) Deposit of proceeds
(b) Gifts
(c) Budget request
(Pub. L. 107–296, title VIII, § 873, Nov. 25, 2002, 116 Stat. 2243; Pub. L. 108–7, div. L, § 103(3), Feb. 20, 2003, 117 Stat. 529; Pub. L. 111–245, § 2(a)(2), Sept. 30, 2010, 124 Stat. 2621.)
§ 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 section 3109 of title 5; and the hire and purchase of motor vehicles, as authorized by section 1343 of title 31: Provided, That purchase for police-type use of passenger vehicles may be made without regard to the general purchase price limitation for the current fiscal year.

(Pub. L. 108–90, title V, § 505, Oct. 1, 2003, 117 Stat. 1153.)
§ 453b. Requirement to buy certain items related to national security interests from American sources; exceptions
(a) Requirement
(b) Covered itemsAn 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
1 So in original. No par. (2) has been enacted.
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
(d) De minimis exception
(e) Exception for certain procurements outside the United StatesSubsection (a) does not apply to the following:
(1) Procurements by vessels in foreign waters.
(2) Emergency procurements.
(f) Exception for small purchases
(g) Applicability to contracts and subcontracts for procurement of commercial products
(h) Geographic coverage
(i) Notification required within 7 days after contract award if certain exceptions applied
(j) Training during fiscal year 2009
(1) In general
(2) Inclusion of information in new training programs
(k) Consistency with international agreements
(l) Effective date
(Pub. L. 111–5, div. A, title VI, § 604, Feb. 17, 2009, 123 Stat. 165; Pub. L. 115–232, div. A, title VIII, § 836(g)(1), Aug. 13, 2018, 132 Stat. 1872; Pub. L. 117–81, div. A, title XVII, § 1702(c)(5), Dec. 27, 2021, 135 Stat. 2156.)
§ 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.

(Pub. L. 112–74, div. D, title V, § 526, Dec. 23, 2011, 125 Stat. 974.)
§ 454. Future Years Homeland Security Program
(a) In general
(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 section 221 of title 10;
(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
(Pub. L. 107–296, title VIII, § 874, Nov. 25, 2002, 116 Stat. 2244; Pub. L. 108–330, § 5, Oct. 16, 2004, 118 Stat. 1278.)
§ 455. Miscellaneous authorities
(a) Seal
(b) Participation of members of the Armed Forces
(c) Redelegation of functions
(d) Investigation of certain violent acts, shootings, and mass killings
(1) In general
(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 section 2332f(e)(6) of title 18.
(Pub. L. 107–296, title VIII, § 875, Nov. 25, 2002, 116 Stat. 2244; Pub. L. 112–265, § 2(b), Jan. 14, 2013, 126 Stat. 2435.)
§ 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.

(Pub. L. 107–296, title VIII, § 876, Nov. 25, 2002, 116 Stat. 2244.)
§ 457. Regulatory authority and preemption
(a) Regulatory authority
(b) Preemption of State or local law
(Pub. L. 107–296, title VIII, § 877, Nov. 25, 2002, 116 Stat. 2244.)
§ 458. Office of Counternarcotics Enforcement
(a) Office
(b) Assignment of personnel
(1) In general
(2) Liaisons
(c) Limitation on concurrent employment
(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
(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
(Pub. L. 107–296, title VIII, § 878, Nov. 25, 2002, 116 Stat. 2245; Pub. L. 108–458, title VII, § 7407(a), Dec. 17, 2004, 118 Stat. 3851; Pub. L. 109–469, title I, § 103(f)(2), Dec. 29, 2006, 120 Stat. 3510; Pub. L. 112–166, § 2(f)(3), Aug. 10, 2012, 126 Stat. 1284.)
§ 459. Office of International Affairs
(a) Establishment
(b) Duties of the DirectorThe 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.
(Pub. L. 107–296, title VIII, § 879, Nov. 25, 2002, 116 Stat. 2245.)
§ 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.

(Pub. L. 107–296, title VIII, § 880, Nov. 25, 2002, 116 Stat. 2245.)
§ 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 section 2301 of title 5.

(Pub. L. 107–296, title VIII, § 881, Nov. 25, 2002, 116 Stat. 2246.)
§ 462. Office of National Capital Region Coordination
(a) Establishment
(1) In general
(2) Director
(3) Cooperation
(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
(Pub. L. 107–296, title VIII, § 882, Nov. 25, 2002, 116 Stat. 2246.)
§ 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 section 2302(b)(1) of title 5 and the Notification and Federal Employee Antidiscrimination and Retaliation Act of 2002 (Public Law 107–174)); or
(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).
(Pub. L. 107–296, title VIII, § 883, Nov. 25, 2002, 116 Stat. 2247.)
§ 464. Federal Law Enforcement Training Centers
(a) Establishment
(b) Position
(c) Functions of the DirectorThe 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 generalThe 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 span 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
(3) Training delivery locations
(4) Strategic partnerships
(A) In generalThe 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
(5) FLETC details to DHS
(6) Detail of instructors to FLETC
(7) Partner organization expenses requirements
(A) In generalPartner 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
(8) Provision of non-Federal training
(A) In generalThe 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 section 44921 of title 49, and other appropriate private sector individuals.
(B) Waiver
(9) Reimbursement
(10) Student supportIn 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
(B) No reduction in retirement pay
(C) Re-employed annuitants
(D) Counting
(E) Limitation
(12) Travel for intermittent employees
(e) On-FLETC housing
(f) Additional fiscal authoritiesIn 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
1 So in original. Probably should be “Government-owned property;”.
(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 section 453a of this title
(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) DefinitionsIn this section:
(1) Basic training
(2) Detailed instructors
(3) Director
(4) Distributed learning
(5) Employee
(6) Federal agencyThe term “Federal agency” means—
(A) an Executive Department as defined in section 101 of title 5;
(B) an independent establishment as defined in section 104 of title 5;
(C) a Government corporation as defined in section 9101 of title 31;
(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
(8) LocalThe 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
(10) State
(11) Student intern
(h) Prohibition on new funding
(Pub. L. 107–296, title VIII, § 884, Nov. 25, 2002, 116 Stat. 2247; Pub. L. 111–245, § 2(a)(3), Sept. 30, 2010, 124 Stat. 2621; Pub. L. 114–285, § 2(a), Dec. 16, 2016, 130 Stat. 1453; Pub. L. 115–278, § 2(g)(5)(A), Nov. 16, 2018, 132 Stat. 4178; Pub. L. 117–263, div. G, title LXXI, § 7143(c)(2), Dec. 23, 2022, 136 Stat. 3662.)
§ 464a. Repealed. Pub. L. 111–245, § 2(b)(2), Sept. 30, 2010, 124 Stat. 2621
§ 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.

(Pub. L. 108–90, title IV, Oct. 1, 2003, 117 Stat. 1150.)
§ 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.

(Pub. L. 108–90, title IV, Oct. 1, 2003, 117 Stat. 1151.)
§ 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 (28 U.S.C. 509 note); training of private sector security officials on a space-available basis with reimbursement of actual costs to this appropriation; and travel expenses of non-Federal personnel to attend course development meetings and training sponsored by the Center.

(Pub. L. 108–90, title IV, Oct. 1, 2003, 117 Stat. 1151.)
§ 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.

(Pub. L. 108–90, title IV, Oct. 1, 2003, 117 Stat. 1151.)
§ 465. Joint Interagency Task Force
(a) Establishment
(b) Structure
(Pub. L. 107–296, title VIII, § 885, Nov. 25, 2002, 116 Stat. 2247.)
§ 466. Sense of Congress reaffirming the continued importance and applicability of the Posse Comitatus Act
(a) Findings
Congress finds the following:
(1)Section 1385 of title 18 (commonly known as the “Posse Comitatus Act”) prohibits the use of the Armed Forces as a posse comitatus to execute the laws except in cases and under circumstances expressly authorized by the Constitution or Act of Congress.
(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 chapter 13 of title 10 (commonly known as the “Insurrection Act”), and the Robert T. Stafford Disaster Relief and Emergency Assistance Act (42 U.S.C. 5121 et seq.), grant the President broad powers that may be invoked in the event of domestic emergencies, including an attack against the Nation using weapons of mass destruction, and these laws specifically authorize the President to use the Armed Forces to help restore public order.
(b) Sense of Congress
(Pub. L. 107–296, title VIII, § 886, Nov. 25, 2002, 116 Stat. 2248; Pub. L. 115–232, div. A, title XII, § 1204(a)(1), Aug. 13, 2018, 132 Stat. 2017.)
§ 467. Coordination with the Department of Health and Human Services under the Public Health Service Act
(a) In general
(b) Disclosures among relevant agencies
(1) In general
(2) Public health emergency
(3) Potential public health emergency
(Pub. L. 107–296, title VIII, § 887, Nov. 25, 2002, 116 Stat. 2248.)
§ 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)
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
(c) Maintenance of status of functions and assets
(d) Certain transfers prohibited
(e) Changes to missions
(1) Prohibition
(2) Waiver
(f) Direct reporting to Secretary
(g) Operation as a service in the Navy
(Pub. L. 107–296, title VIII, § 888, Nov. 25, 2002, 116 Stat. 2249; Pub. L. 113–284, § 2(b), Dec. 18, 2014, 128 Stat. 3089; Pub. L. 115–282, title VIII, § 801, Dec. 4, 2018, 132 Stat. 4299.)
§ 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
(2) Interruption of training
(3) Fees
(Pub. L. 108–90, title V, § 520, Oct. 1, 2003, 117 Stat. 1156; Pub. L. 110–329, div. D, title V, § 543, Sept. 30, 2008, 122 Stat. 3689.)
§ 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

1 So in original.

(Pub. L. 111–83, title V, § 554, Oct. 28, 2009, 123 Stat. 2179; Pub. L. 114–113, div. F, title V, § 510(c), Dec. 18, 2015, 129 Stat. 2514.)
§ 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
(b) Required disclosures
(Pub. L. 109–347, title VII, § 702, Oct. 13, 2006, 120 Stat. 1943.)
§ 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 section 1105(a) of title 31, a comprehensive report on the purchase and usage of ammunition, subdivided by ammunition type. The report shall include—
(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.
(Pub. L. 113–76, div. F, title V, § 569, Jan. 17, 2014, 128 Stat. 286.)
§ 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 section 1105(a) of title 31, a comprehensive report on the purchase and usage of weapons, subdivided by weapon type. The report shall include—
(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.
(Pub. L. 114–4, title V, § 562, Mar. 4, 2015, 129 Stat. 72.)
§ 473. Cyber Crimes Center, Child Exploitation Investigations Unit, Computer Forensics Unit, and Cyber Crimes Unit
(a) Cyber Crimes Center
(1) In general
(2) Purpose
(b) Child Exploitation Investigations Unit
(1) In general
(2) FunctionsThe 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
1 So in original. Probably should be “Program”.
; 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 collectionThe 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
(5) Cooperative agreements
(6) Acceptance of gifts
(A) In general
(B) Exemption from Federal Acquisition Regulation
(7) ReportsNot 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
(2) FunctionsThe 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
(4) Acceptance of gifts
(A) In general
(B) Exemption from Federal Acquisition Regulation
(d) Cyber Crimes Unit
(1) In general
(2) FunctionsThe 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
(e) HERO Child-Rescue Corps 2
2 So in original. “Program” probably should be inserted at end of span.
(1) Establishment
(A) In general
(B) Private sector collaboration
(2) Purpose
(3) FunctionsThe 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
(2) Internship positions
(3) Placement
(A) In general
(B) Preference
(4) Term of internship
(5) Rate and term of payAfter 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
(7) Hero Corps hiring
(g) Authorization of appropriations
(1) In general
(2) Allocation
(Pub. L. 107–296, title VIII, § 890A, as added Pub. L. 114–22, title III, § 302(b)(1), May 29, 2015, 129 Stat. 251; amended Pub. L. 115–392, § 23(a), (b), Dec. 21, 2018, 132 Stat. 5261, 5262; Pub. L. 117–347, title I, § 105(b), Jan. 5, 2023, 136 Stat. 6203.)
§ 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
(4) Publication
(b) Submission to Congress
(c) Definitions
In this section:
(1) United states critical domains for economic security
(2) Economic security
(d) Authorization of appropriations
(Pub. L. 107–296, title VIII, § 890B, as added Pub. L. 117–81, div. F, title LXIV, § 6409(a), Dec. 27, 2021, 135 Stat. 2406.)
§ 475. Transnational Criminal Investigative Units
(a) In general
(b) Composition
(c) Vetting requirement
(1) In general
(2) Leahy vetting required
(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 section 4802 of title 22 and section 3927 of title 22, respectively; and
(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
(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.
(Pub. L. 107–296, title VIII, § 890C, as added Pub. L. 117–263, div. G, title LXXI, § 7105(b)(1), Dec. 23, 2022, 136 Stat. 3623.)
§ 475a. Mentor-protégé program
(a) Establishment
(b) Eligibility
(c) Program application and approval
(1) ApplicationThe 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
(3) Rescission
(d) Program duration
(e) Program benefitsA 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) ReportingNot 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
(h) DefinitionsIn this section:
(1) Historically Black college or university
(2) Mentor firmThe 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
(4) Protégé firmThe 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
(Pub. L. 107–296, title VIII, § 890D, as added Pub. L. 117–263, div. G, title LXXI, § 7115(a), Dec. 23, 2022, 136 Stat. 3634.)