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6 U.S.C. § 101Definitions

submitted 24 years ago by Pub. L. 107-296 to r/title-6-DOMESTIC-SECURITY · 803 words · no verdicts yet

in plain englishAI-generated · not legal advice

This section defines the key terms used throughout the Homeland Security Act chapter — words like “homeland,” “critical infrastructure,” “terrorism,” “local government,” and “State.” These definitions apply everywhere else the chapter uses them.

For this chapter, these definitions apply: (1) “American homeland” and “homeland” both mean the United States. (2) “Appropriate congressional committee” means any House or Senate committee that has legislative or oversight authority, under that chamber's rules, over the matter involved. (3) “Assets” includes contracts, facilities, property, records, unspent or uncommitted appropriation balances, and other funds or resources — but not personnel. (4) “Critical infrastructure” has the meaning given in section 5195c(e) of title 42. (5) “Department” means the Department of Homeland Security. (6) “Emergency response providers” includes federal, state, and local government and non-government emergency public safety, fire, law enforcement, emergency response, and emergency medical personnel (including hospital emergency staff), plus the related agencies and authorities. (7) “EMP” means an electromagnetic pulse caused by a nuclear or non-nuclear device, including one caused by an act of terrorism. (8) “Executive agency” means an executive agency or military department, as those terms are defined in sections 105 and 102 of title 5. (9) “Functions” includes authorities, powers, rights, privileges, immunities, programs, projects, activities, duties, and responsibilities. (10) “GMD” means a geomagnetic disturbance caused by a solar storm or another natural event. (11) “Intelligence component of the Department” means any part of the Department that collects, gathers, processes, analyzes, produces, or shares intelligence information — including homeland security, terrorism, or weapons-of-mass-destruction information, or national intelligence as defined in section 3003(5) of title 50. Two things are excluded: (A) the United States Secret Service, and (B) the Coast Guard, when it operates directly under the Secretary of Defense or Secretary of the Navy under section 3 of title 14 — though this exclusion doesn't reduce the Commandant of the Coast Guard's authority to command the Coast Guard as an armed force, or reduce the Director of National Intelligence's authority over the Coast Guard as part of the intelligence community. (12) “Key resources” means publicly or privately controlled resources that are essential to keeping the economy and government running at a minimal level. (13) “Local government” means (A) a county, municipality, city, town, township, local public authority, school district, special district, intrastate district, council of governments (whether or not it's incorporated as a nonprofit under state law), regional or interstate government body, or an agency of a local government; (B) an Indian tribe or authorized tribal organization, or in Alaska a Native village or Alaska Regional Native Corporation; and (C) a rural community, unincorporated town or village, or other public entity. (14) “Major disaster” has the meaning given in section 5122(2) of title 42. (15) “Personnel” means officers and employees. (16) “Secretary” means the Secretary of Homeland Security. (17) “State” means any state of the United States, the District of Columbia, Puerto Rico, the Virgin Islands, Guam, American Samoa, the Northern Mariana Islands, and any other U.S. possession. (18) “Terrorism” means an activity that (A) involves an act that (i) is dangerous to human life, or could destroy critical infrastructure or key resources, and (ii) breaks federal or state criminal law; and (B) appears meant to (i) intimidate or force a civilian population, (ii) influence government policy by intimidation or coercion, or (iii) affect how a government acts through mass destruction, assassination, or kidnapping. (19)(A) “United States,” used in a geographic sense, means any state of the United States, the District of Columbia, Puerto Rico, the Virgin Islands, Guam, American Samoa, the Northern Mariana Islands, any other U.S. possession, and any waters under U.S. jurisdiction. (19)(B) Nothing in this paragraph, or anywhere else in this chapter, changes how “United States” is defined for the Immigration and Nationality Act or any other immigration or nationality law. (20) “Voluntary preparedness standards” means a shared set of criteria for preparedness, disaster management, emergency management, and business continuity programs — such as the American National Standards Institute's National Fire Protection Association Standard on Disaster/Emergency Management and Business Continuity Programs (ANSI/NFPA 1600).
the actual law source: uscode.house.gov ↗public domain

In this chapter, the following definitions apply:

(1)

Each of the terms “American homeland” and “homeland” means the United States.

(2)

The term “appropriate congressional committee” means any committee of the House of Representatives or the Senate having legislative or oversight jurisdiction under the Rules of the House of Representatives or the Senate, respectively, over the matter concerned.

(3)

The term “assets” includes contracts, facilities, property, records, unobligated or unexpended balances of appropriations, and other funds or resources (other than personnel).

(4)

The term “critical infrastructure” has the meaning given that term in section 5195c(e) of title 42.

(5)

The term “Department” means the Department of Homeland Security.

(6)

The term “emergency response providers” includes Federal, State, and local governmental and nongovernmental emergency public safety, fire, law enforcement, emergency response, emergency medical (including hospital emergency facilities), and related personnel, agencies, and authorities.

(7)

The term “EMP” means an electromagnetic pulse caused by a nuclear device or nonnuclear device, including such a pulse caused by an act of terrorism.

(8)

The term “executive agency” means an executive agency and a military department, as defined, respectively, in sections 105 and 102 of title 5.

(9)

The term “functions” includes authorities, powers, rights, privileges, immunities, programs, projects, activities, duties, and responsibilities.

(10)

The term “GMD” means a geomagnetic disturbance caused by a solar storm or another naturally occurring phenomenon.

(11)

The term “intelligence component of the Department” means any element or entity of the Department that collects, gathers, processes, analyzes, produces, or disseminates intelligence information within the scope of the information sharing environment, including homeland security information, terrorism information, and weapons of mass destruction information, or national intelligence, as defined under section 3003(5) of title 50, except—

(A)

the United States Secret Service; and

(B)

the Coast Guard, when operating under the direct authority of the Secretary of Defense or Secretary of the Navy pursuant to section 3 1 of title 14, except that nothing in this paragraph shall affect or diminish the authority and responsibilities of the Commandant of the Coast Guard to command or control the Coast Guard as an armed force or the authority of the Director of National Intelligence with respect to the Coast Guard as an element of the intelligence community (as defined under section 3003(4) of title 50.2

(12)

The term “key resources” means publicly or privately controlled resources essential to the minimal operations of the economy and government.

(13)

The term “local government” means—

(A)

a county, municipality, city, town, township, local public authority, school district, 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, or agency or instrumentality of a local government;

(B)

an Indian tribe or authorized tribal organization, or in Alaska a Native village or Alaska Regional Native Corporation; and

(C)

a rural community, unincorporated town or village, or other public entity.

(14)

The term “major disaster” has the meaning given in section 5122(2) of title 42.

(15)

The term “personnel” means officers and employees.

(16)

The term “Secretary” means the Secretary of Homeland Security.

(17)

The term “State” means any State of the United States, the District of Columbia, the Commonwealth of Puerto Rico, the Virgin Islands, Guam, American Samoa, the Commonwealth of the Northern Mariana Islands, and any possession of the United States.

(18)

The term “terrorism” means any activity that—

(A)

involves an act that—

(i)

is dangerous to human life or potentially destructive of critical infrastructure or key resources; and

(ii)

is a violation of the criminal laws of the United States or of any State or other subdivision of the United States; and

(B)

appears to be intended—

(i)

to intimidate or coerce a civilian population;

(ii)

to influence the policy of a government by intimidation or coercion; or

(iii)

to affect the conduct of a government by mass destruction, assassination, or kidnapping.

(19)
(A)

The term “United States”, when used in a geographic sense, means any State of the United States, the District of Columbia, the Commonwealth of Puerto Rico, the Virgin Islands, Guam, American Samoa, the Commonwealth of the Northern Mariana Islands, any possession of the United States, and any waters within the jurisdiction of the United States.

(B)

Nothing in this paragraph or any other provision of this chapter shall be construed to modify the definition of “United States” for the purposes of the Immigration and Nationality Act [8 U.S.C. 1101 et seq.] or any other immigration or nationality law.

(20)

The term “voluntary preparedness standards” means a common set of criteria for preparedness, disaster management, emergency management, and business continuity programs, such as the American National Standards Institute’s National Fire Protection Association Standard on Disaster/Emergency Management and Business Continuity Programs (ANSI/NFPA 1600).

Source credit: (Pub. L. 107–296, § 2, Nov. 25, 2002, 116 Stat. 2140; Pub. L. 109–295, title VI, § 612(d), Oct. 4, 2006, 120 Stat. 1410; Pub. L. 109–347, title VI, § 613, Oct. 13, 2006, 120 Stat. 1943; Pub. L. 110–53, title V, § 502(a), title IX, § 901(d), Aug. 3, 2007, 121 Stat. 310, 371; Pub. L. 114–328, div. A, title XIX, § 1913(a)(1), Dec. 23, 2016, 130 Stat. 2684.)

history & why it existsrecord from the source credit
  • 2002Enacted · Pub. L. 107-296 · 116 Stat. 2140
  • 2006Amended · Pub. L. 109-295 · 120 Stat. 1410
  • 2006Amended · Pub. L. 109-347 · 120 Stat. 1943
  • 2007Amended · Pub. L. 110-53 · 121 Stat. 310, 371
  • 2016Amended · Pub. L. 114-328 · 130 Stat. 2684

A history note hasn’t been published yet. The record shows enactment by Pub. L. 107-296 on 2002-11-25.

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