6 USC Part 238

Page 83

§ 239

TITLE 6—DOMESTIC SECURITY

the denial and the name of the applicant into
the interoperable electronic data system implemented under section 1722(a) of title 8.
(b) Prohibition
In the case of any alien with respect to whom
a visa has been denied under subsection (a)—
(1) no subsequent visa may be issued to the
alien unless the consular officer considering
the alien’s visa application has reviewed the
information concerning the alien placed in the
interoperable electronic data system, has indicated on the alien’s application that the information has been reviewed, and has stated for
the record why the visa is being issued or a
waiver of visa ineligibility recommended in
spite of that information; and
(2) the alien may not be admitted to the
United States without a visa issued in accordance with the procedures described in paragraph (1).
(Pub. L. 107–296, title IV, § 429, Nov. 25, 2002, 116
Stat. 2191.)
§ 238. Office for Domestic Preparedness
(a) In general
The Office for Domestic Preparedness shall be
within the Directorate of Border and Transportation Security.
(b) Director
There shall be a Director of the Office for Domestic Preparedness, who shall be appointed by
the President. The Director of the Office for Domestic Preparedness shall report directly to the
Under Secretary for Border and Transportation
Security.
(c) Responsibilities
The Office for Domestic Preparedness shall
have the primary responsibility within the executive branch of Government for the preparedness of the United States for acts of terrorism,
including—
(1) coordinating preparedness efforts at the
Federal level, and working with all State,
local, tribal, parish, and private sector emergency response providers on all matters pertaining to combating terrorism, including
training, exercises, and equipment support;
(2) coordinating or, as appropriate, consolidating communications and systems of communications relating to homeland security at
all levels of government;
(3) directing and supervising terrorism preparedness grant programs of the Federal Government (other than those programs administered by the Department of Health and Human
Services) for all emergency response providers;
(4) incorporating the Strategy priorities into
planning guidance on an agency level for the
preparedness efforts of the Office for Domestic
Preparedness;
(5) providing agency-specific training for
agents and analysts within the Department,
other agencies, and State and local agencies
and international entities;
(6) as the lead executive branch agency for
preparedness of the United States for acts of
terrorism, cooperating closely with the Federal Emergency Management Agency, which

shall have the primary responsibility within
the executive branch to prepare for and mitigate the effects of nonterrorist-related disasters in the United States;
(7) assisting and supporting the Secretary, in
coordination with other Directorates and entities outside the Department, in conducting appropriate risk analysis and risk management
activities of State, local, and tribal governments consistent with the mission and functions of the Directorate;
(8) those elements of the Office of National
Preparedness of the Federal Emergency Management Agency which relate to terrorism,
which shall be consolidated within the Department in the Office for Domestic Preparedness
established under this section; and
(9) helping to ensure the acquisition of interoperable communication technology by State
and local governments and emergency response providers.
(d) Fiscal years 2003 and 2004
During fiscal year 2003 and fiscal year 2004, the
Director of the Office for Domestic Preparedness
established under this section shall manage and
carry out those functions of the Office for Domestic Preparedness of the Department of Justice (transferred under this section) before September 11, 2001, under the same terms, conditions, policies, and authorities, and with the required level of personnel, assets, and budget before September 11, 2001.
(Pub. L. 107–296, title IV, § 430, Nov. 25, 2002, 116
Stat. 2191; Pub. L. 108–458, title VII, § 7303(h)(2),
Dec. 17, 2004, 118 Stat. 3847; Pub. L. 112–166,
§ 2(f)(1), Aug. 10, 2012, 126 Stat. 1284.)
AMENDMENTS
2012—Subsec. (b). Pub. L. 112–166 struck out ‘‘, by and
with the advice and consent of the Senate’’ before period at end of first sentence.
2004—Subsec. (c)(9). Pub. L. 108–458 added par. (9).
EFFECTIVE DATE OF 2012 AMENDMENT
Amendment by Pub. L. 112–166 effective 60 days after
Aug. 10, 2012, and applicable to appointments made on
and after that effective date, including any nomination
pending in the Senate on that date, see section 6(a) of
Pub. L. 112–166, set out as a note under section 113 of
this title.

§ 239. Office of Cargo Security Policy
(a) Establishment
There is established within the Department an
Office of Cargo Security Policy (referred to in
this section as the ‘‘Office’’).
(b) Purpose
The Office shall—
(1) coordinate all Department policies relating to cargo security; and
(2) consult with stakeholders and coordinate
with other Federal agencies in the establishment of standards and regulations and to promote best practices.
(c) Director
(1) Appointment
The Office shall be headed by a Director,
who shall—
(A) be appointed by the Secretary; and