Executive Order Nos. 12866 and 13563, referred to in subsec. (c), are set out as notes under section 601 of Title 5, Government Organization and Employees.

Section, as added and amended by Pub. L. 115–282, is based on subsecs. (a) and (b) of Pub. L. 92–340, § 7, as added Pub. L. 99–399, title IX, § 906, Aug. 27, 1986, 100 Stat. 890; amended Pub. L. 107–295, title I, § 107(a), Nov. 25, 2002, 116 Stat. 2088, which was formerly classified to section 1226(a), (b) of Title 33, Navigation and Navigable Waters, before being transferred to this chapter and renumbered as this section. Subsections (a) and (b) of section 7 of Pub. L. 92–340 were also renumbered as section 70102a of this title by Pub. L. 115–282, title IV, § 408(a), Dec. 4, 2018, 132 Stat. 4268.

A prior section 70116, added Pub. L. 107–295, title I, § 102(a), Nov. 25, 2002, 116 Stat. 2083, related to secure systems of transportation, prior to repeal by Pub. L. 115–254, div. J, § 1809(b), Oct. 5, 2018, 132 Stat. 3538.

2021—Subsec. (a). Pub. L. 116–283, § 8341(1), inserted “, cyber incidents, transnational organized crime, and foreign state threats” after “an act of terrorism” in introductory provisions.

Subsec. (b)(1), (2). Pub. L. 116–283, § 8341(2)(A), inserted “cyber incidents, transnational organized crime, and foreign state threats” after “terrorism”.

Subsec. (b)(3). Pub. L. 116–283, § 8341(2)(B), substituted “, armed (as needed),” for “armed” and “terrorism, cyber incidents, transnational organized crime, foreign state threats, or transportation security incidents,” for “terrorism or transportation security incidents,”.

Subsec. (c). Pub. L. 116–283, § 8341(3), substituted “70033,” for “70034,” and inserted at end “When preventing or responding to acts of terrorism, cyber incidents, transnational organized crime, or foreign state threats, the Secretary may carry out this section without regard to chapters 5 and 6 of title 5 or Executive Order Nos. 12866 and 13563.”

2018—Pub. L. 115–282, § 402(b)(1), transferred section catchline and subsecs. (a) and (b) of section 7 of Pub. L. 92–340 to this chapter and redesignated them as this section. See Codification note above. Catchline text was editorially conformed to the style used in this title.

Subsec. (c). Pub. L. 115–282, § 402(b)(2), added subsec. (c).