§ 101. Definitions

§ 101. Definitions

(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 11 See References in Text note below. 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 50.22 So in original. A closing parenthesis probably should precede the period.

(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).

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

Editorial Notes

References in Text

This chapter, referred to in text, was in the original “this Act”, meaning Pub. L. 107–296, Nov. 25, 2002, 116 Stat. 2135, known as the Homeland Security Act of 2002, which is classified principally to this chapter. For complete classification of this Act to the Code, see Short Title note set out below and Tables.

Section 3 of title 14, referred to in par. (11)(B), was redesignated section 103 of title 14 by Pub. L. 115–282, title I, § 103(b), Dec. 4, 2018, 132 Stat. 4195, and references to section 3 of title 14 deemed to refer to such redesignated section, see section 123(b)(1) of Pub. L. 115–282, set out as a References to Sections of Title 14 as Redesignated by Pub. L. 115–282 note preceding section 101 of Title 14, Coast Guard.

The Immigration and Nationality Act, referred to in par. (19)(B), is act June 27, 1952, ch. 477, 66 Stat. 163, as amended, which is classified principally to chapter 12 (§ 1101 et seq.) of Title 8, Aliens and Nationality. For complete classification of this Act to the Code, see Short Title note set out under section 1101 of Title 8 and Tables.

Amendments

2016—Pars. (7) to (20). Pub. L. 114–328 added par. (7), redesignated former pars. (7) and (8) as (8) and (9), respectively, added par. (10), and redesignated former pars. (9) to (18) as (11) to (20), respectively.

2007—Pars. (9) to (17). Pub. L. 110–53, § 502(a), added par. (9) and redesignated former pars. (9) to (16) as (10) to (17), respectively.

Par. (18). Pub. L. 110–53, § 901(d), added par. (18).

2006—Par. (6). Pub. L. 109–347 inserted “governmental and nongovernmental” after “local”.

Pub. L. 109–295 inserted “fire,” after “safety,”.

Statutory Notes and Related Subsidiaries

Effective Date

Pub. L. 107–296, § 4, Nov. 25, 2002, 116 Stat. 2142, provided that: “This Act [see Tables for classification] shall take effect 60 days after the date of enactment [Nov. 25, 2002].”

Short Title of 2025 Amendment

Pub. L. 119–60, div. H, title LXXXVI, § 8601, Dec. 18, 2025, 139 Stat. 1938, provided that: “This title [enacting section 124n–1 of this title, amending section 124n of this title, sections 10152 and 10381 of title 34, Crime Control and Law Enforcement, and section 46307 of Title 49, Transportation, enacting provisions set out as notes under sections 124n and 124n–1 of this title and listed in a table relating to sentencing guidelines set out as a note under section 994 of Title 28, Judiciary and Judicial Procedure] may be cited as the ‘SAFER SKIES Act’.”

Short Title of 2024 Amendment

Pub. L. 118–186, § 1, Dec. 23, 2024, 138 Stat. 2636, provided that: “This Act [amending section 182 of this title and enacting provisions set out as notes under section 182 of this title] may be cited as the ‘Detection Equipment and Technology Evaluation to Counter the Threat of Fentanyl and Xylazine Act of 2024’ or the ‘DETECT Fentanyl and Xylazine Act of 2024’.”

Pub. L. 118–165, § 1, Dec. 23, 2024, 138 Stat. 2581, provided that: “This Act [amending section 609 of this title] may be cited as the ‘First Responder Access to Innovative Technologies Act’.”

Pub. L. 118–103, § 1, Oct. 1, 2024, 138 Stat. 1584, provided that: “This Act [amending section 348 of this title and enacting provisions set out as a note under section 348 of this title] may be cited as the ‘DHS Joint Task Forces Reauthorization Act of 2024’.”

Pub. L. 118–96, § 1, Oct. 1, 2024, 138 Stat. 1569, provided that: “This Act [enacting section 258 of this title, amending sections 252 and 253 of this title, and enacting provisions set out as notes under sections 252 and 258 of this title] may be cited as the ‘IMPACTT Human Trafficking Act’.”

Pub. L. 118–43, § 1, Mar. 18, 2024, 138 Stat. 453, provided that: “This Act [enacting section 226 of this title] may be cited as the ‘Eradicating Narcotic Drugs and Formulating Effective New Tools to Address National Yearly Losses of life Act’ or the ‘END FENTANYL Act’.”

Short Title of 2022 Amendment

Pub. L. 117–322, § 1, Dec. 27, 2022, 136 Stat. 4433, provided that: “This Act [enacting sections 242a and 242b of this title and provisions set out as notes under sections 242 and 242a of this title] may be cited as the ‘Countering Human Trafficking Act of 2021’.”

Pub. L. 117–263, div. G, title LXXI, § 7105(a), Dec. 23, 2022, 136 Stat. 3622, provided that: “This section [enacting section 475 of this title] may be cited as the ‘Transnational Criminal Investigative Unit Stipend Act’.”

Pub. L. 117–263, div. G, title LXXI, § 7111(a), Dec. 23, 2022, 136 Stat. 3625, provided that: “This section [amending section 348 of this title] may be cited as the ‘DHS Joint Task Forces Reauthorization Act of 2022’.”

Pub. L. 117–248, § 1, Dec. 20, 2022, 136 Stat. 2348, provided that: “This Act [enacting section 323 of this title] may be cited as the ‘Protecting Firefighters from Adverse Substances Act’ or the ‘PFAS Act’.”

Pub. L. 117–150, § 1, June 21, 2022, 136 Stat. 1295, provided that: “This Act [amending sections 651 and 659 of this title] may be cited as the ‘State and Local Government Cybersecurity Act of 2021’.”

Pub. L. 117–130, § 1, June 6, 2022, 136 Stat. 1229, provided that: “This Act [amending sections 112 and 313 of this title] may be cited as the ‘Homeland Security for Children Act’.”

Pub. L. 117–103, div. Y, § 101, Mar. 15, 2022, 136 Stat. 1038, provided that: “This division [enacting part D of subchapter XVIII of this chapter and section 665j of this title, amending section 659 of this title, and enacting provisions set out as notes under sections 652 and 665j of this title] may be cited as the ‘Cyber Incident Reporting for Critical Infrastructure Act of 2022’.”

Short Title of 2021 Amendment

Pub. L. 117–58, div. G, title VI, § 70601, Nov. 15, 2021, 135 Stat. 1267, provided that: “This subtitle [subtitle A (§§ 70601, 70602) of title VI of div. G of Pub. L. 117–58, enacting part C of subchapter XVIII of this chapter] may be cited as the ‘Cyber Response and Recovery Act’.”

Pub. L. 117–58, div. G, title VI, § 70611, Nov. 15, 2021, 135 Stat. 1272, provided that: “This subtitle [subtitle B (§§ 70611, 70612) of title VI of div. G of Pub. L. 117–58, enacting section 665g of this title] may be cited as the ‘State and Local Cybersecurity Improvement Act’.”

Short Title of 2020 Amendment

Pub. L. 116–260, div. U, title III, § 301, Dec. 27, 2020, 134 Stat. 2291, provided that: “This title [enacting section 216 of this title] may be cited as the ‘Synthetic Opioid Exposure Prevention and Training Act’.”

Pub. L. 116–260, div. U, title VI, § 601, Dec. 27, 2020, 134 Stat. 2294, provided that: “This title [enacting section 124m–1 of this title and provisions set out as a note under section 124m–1 of this title] may be cited as the ‘Counter Threats Advisory Board Act of 2019’.”

Pub. L. 116–260, div. U, title VII, § 701(a), Dec. 27, 2020, 134 Stat. 2295, provided that: “This title [enacting section 195g of this title] may be cited as the ‘DHS Countering Unmanned Aircraft Systems Coordinator Act’.”

Pub. L. 116–260, div. U, title IX, § 901, Dec. 27, 2020, 134 Stat. 2297, provided that: “This title [enacting section 665 of this title, amending sections 609 and 652 of this title, and enacting provisions set out as notes under section 665 of this title] may be cited as the ‘DOTGOV Online Trust in Government Act of 2020’ or the ‘DOTGOV Act of 2020’.”

Pub. L. 116–116, § 1, Mar. 2, 2020, 134 Stat. 110, provided that: “This Act [amending section 124h of this title and enacting provisions set out as a note under section 121 of this title] may be cited as the ‘DHS Field Engagement Accountability Act’.”