I 

115TH CONGRESS 

2D SESSION H. R. 6063 

To enact certain existing laws relating to domestic security as title 6, United 

States Code, ‘‘Domestic Security’’, and to make technical amendments 

to improve the United States Code. 

IN THE HOUSE OF REPRESENTATIVES 

JUNE 8, 2018 

Mr. SENSENBRENNER introduced the following bill; which was referred to the 

Committee on the Judiciary 

A BILL 

To enact certain existing laws relating to domestic security 

as title 6, United States Code, ‘‘Domestic Security’’, 

and to make technical amendments to improve the 

United States Code. 

1 Be it enacted by the Senate and House of Representatives of the United 

2 States of America in Congress assembled, 

3 SECTION 1. TABLE OF CONTENTS. 

4 The table of contents for this Act is as follows: 

Sec. 1. Table of contents. 

Sec. 2. Purposes; conformity with original intent. 

Sec. 3. Enactment of title 6, United States Code. 

Sec. 4. Conforming amendments. 

Sec. 5. Conforming cross references. 

Sec. 6. Transitional and savings provisions. 

Sec. 7. Repeals. 

5 SEC. 2. PURPOSES; CONFORMITY WITH ORIGINAL INTENT. 

6 (a) PURPOSES.—The purposes of this Act are— 

7 (1) to enact certain existing laws relating to domestic security as 

8 title 6, United States Code, ‘‘Domestic Security’’; and 


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1 (2) to make technical amendments to improve the United States 

2 Code. 

3 (b) CONFORMITY WITH ORIGINAL INTENT.—In the codification of laws 

4 by this Act, the intent is to conform to the understood policy, intent, and 

5 purpose of Congress in the original enactments, with such amendments and 

6 corrections as will remove ambiguities, contradictions, and other imperfec7 tions, in accordance with section 205(c)(1) of House Resolution No. 988, 

8 93d Congress, as enacted into law by Public Law 93–554 (2 U.S.C. 

9 285b(1)). 

10 SEC. 3. ENACTMENT OF TITLE 6, UNITED STATES CODE. 

11 Certain existing laws of the United States relating to domestic security 

12 are enacted as title 6, United States Code, ‘‘Domestic Security’’, as follows: 

13 TITLE 6—DOMESTIC SECURITY 

Subtitle I—Homeland Security Organization 

Chap. Sec. 

101. General ............................................................................................................. 10101 

103. Department of Homeland Security .................................................................. 10301 

105. Information Analysis and Infrastructure Protection ........................................ 10501 

107. Science and Technology in Support of Homeland Security ............................. 10701 

109. Border, Maritime, and Transportation Security .............................................. 10901 

111. National Emergency Management ................................................................... 11101 

113. Transportation Security Administration .......................................................... 11301 

115. Management ..................................................................................................... 11501 

117. Coordination With Other Entities .................................................................... 11701 

119. Homeland Security Council .............................................................................. 11901 

121. Emergency Communications ............................................................................ 12101 

123. Domestic Nuclear Detection Office .................................................................. 12301 

125. Homeland Security Grants ............................................................................... 12501 

127. Anti-Trafficking Training for Department Personnel ...................................... 12701 

Subtitle II—National Emergency Management 

201. General ............................................................................................................. 20101 

203. Emergency Management Capabilities ............................................................... 20301 

205. Comprehensive Preparedness System ............................................................... 20501 

207. Prevention of Fraud, Waste, and Abuse .......................................................... 20701 

Subtitle III—Port Security and Accountability 

301. General ............................................................................................................. 30101 

303. Security of United States Seaports .................................................................. 30301 


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305. Security of the International Supply Chain ..................................................... 30501 

307. Administration .................................................................................................. 30701 

Subtitle IV—Transportation Security 

401. General ............................................................................................................. 40101 

403. Transportation Security Planning, Information Sharing, and Enhancements 40301 

405. Public Transportation Security ........................................................................ 40501 

407. Surface Transportation Security ...................................................................... 40701 

409. Air Transportation Security ............................................................................. 40901 

1 Subtitle I—Homeland Security 

2 Organization 

3 Chapter 101—General 

Sec. 

10101. Definitions. 

10102. Construction; relationship to other laws. 

4 § 10101. Definitions 

5 In this subtitle: 

6 (1) AMERICAN HOMELAND; HOMELAND.—Each of the terms ‘‘Amer7 ican homeland’’ and ‘‘homeland’’ means the United States. 

8 (2) APPROPRIATE CONGRESSIONAL COMMITTEE.—The term ‘‘appro9 priate congressional committee’’ means a committee of the House of 

10 Representatives or the Senate having legislative or oversight jurisdic11 tion under the Rules of the House of Representatives or the Senate, 

12 respectively, over the matter concerned. 

13 (3) ASSETS.—The term ‘‘assets’’ includes contracts, facilities, prop14 erty, records, unobligated or unexpended balances of appropriations, 

15 and other funds or resources (other than personnel). 

16 (4) CRITICAL INFRASTRUCTURE.—The term ‘‘critical infrastructure’’ 

17 has the meaning given the term in subsection (e) of the Critical Infra18 structures Protection Act of 2001 (42 U.S.C. 5195c(e)). 

19 (5) DEPARTMENT.—The term ‘‘Department’’ means the Department 

20 of Homeland Security. 

21 (6) EMERGENCY RESPONSE PROVIDERS.—The term ‘‘emergency re22 sponse providers’’ includes Federal, State, and local governmental and 

23 nongovernmental emergency public safety, fire, law enforcement, emer24 gency response, emergency medical (including hospital emergency facili25 ties), and related personnel, agencies, and authorities. 

26 (7) EMP.—The term ‘‘EMP’’ means an electromagnetic pulse 

27 caused by a nuclear device or nonnuclear device, including an electro28 magnetic pulse caused by an act of terrorism. 


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1 (8) EXECUTIVE AGENCY.—The term ‘‘executive agency’’ means an 

2 executive agency and a military department, as defined, respectively, in 

3 sections 105 and 102 of title 5. 

4 (9) FUNCTIONS.—The term ‘‘functions’’ includes authorities, powers, 

5 rights, privileges, immunities, programs, projects, activities, duties, and 

6 responsibilities. 

7 (10) GMD.—The term ‘‘GMD’’ means a geomagnetic disturbance 

8 caused by a solar storm or another naturally occurring phenomenon. 

9 (11) INTELLIGENCE COMPONENT OF THE DEPARTMENT.—The term 

10 ‘‘intelligence component of the Department’’ means an element or enti11 ty of the Department that collects, gathers, processes, analyzes, pro12 duces, or disseminates intelligence information within the scope of the 

13 information sharing environment, including homeland security informa14 tion, terrorism information, and weapons of mass destruction informa15 tion, or national intelligence (as defined under section 3 of the National 

16 Security Act of 1947 (50 U.S.C. 3003)), except— 

17 (A) the United States Secret Service; and 

18 (B) the Coast Guard, when operating under the direct authority 

19 of the Secretary of Defense or Secretary of the Navy under section 

20 3 of title 14, except that nothing in this paragraph shall affect or 

21 diminish the authority and responsibilities of the Commandant of 

22 the Coast Guard to command or control the Coast Guard as an 

23 armed force or the authority of the Director of National Intel24 ligence with respect to the Coast Guard as an element of the intel25 ligence community (as defined under section 3 of the National Se26 curity Act of 1947 (50 U.S.C. 3003)). 

27 (12) KEY RESOURCES.—The term ‘‘key resources’’ means publicly or 

28 privately controlled resources essential to the minimal operations of the 

29 economy and government. 

30 (13) LOCAL GOVERNMENT.—The term ‘‘local government’’ means— 

31 (A) a county, municipality, city, town, township, local public au32 thority, school district, special district, intrastate district, council 

33 of governments (regardless of whether the council of governments 

34 is incorporated as a nonprofit corporation under State law), re35 gional or interstate government entity, or agency or instrumen36 tality of a local government; 

37 (B) an Indian tribe or authorized tribal organization, or in Alas38 ka a Native village or Alaska Regional Native Corporation; and 

39 (C) a rural community, unincorporated town or village, or other 

40 public entity. 


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1 (14) MAJOR DISASTER.—The term ‘‘major disaster’’ has the mean2 ing given the term in section 102 of the Robert T. Stafford Disaster 

3 Relief and Emergency Assistance Act (42 U.S.C. 5122). 

4 (15) PERSONNEL.—The term ‘‘personnel’’ means officers and em5 ployees. 

6 (16) SECRETARY.—The term ‘‘Secretary’’ means the Secretary of 

7 Homeland Security. 

8 (17) STATE.—The term ‘‘State’’ means a State, the District of Co9 lumbia, Puerto Rico, the Virgin Islands, Guam, American Samoa, the 

10 Northern Mariana Islands, and a possession of the United States. 

11 (18) TERRORISM.—The term ‘‘terrorism’’ means an activity that— 

12 (A) involves an act that— 

13 (i) is dangerous to human life or potentially destructive of 

14 critical infrastructure or key resources; and 

15 (ii) is a violation of the criminal laws of the United States 

16 or of a State or other subdivision of the United States; and 

17 (B) appears to be intended— 

18 (i) to intimidate or coerce a civilian population; 

19 (ii) to influence the policy of a government by intimidation 

20 or coercion; or 

21 (iii) to affect the conduct of a government by mass destruc22 tion, assassination, or kidnapping. 

23 (19) UNITED STATES.—The term ‘‘United States’’ means the States, 

24 the District of Columbia, Puerto Rico, the Virgin Islands, Guam, 

25 American Samoa, the Northern Mariana Islands, a possession of the 

26 United States, and waters in the jurisdiction of the United States. 

27 (20) VOLUNTARY PREPAREDNESS STANDARDS.—The term ‘‘vol28 untary preparedness standards’’ means a common set of criteria for 

29 preparedness, disaster management, emergency management, and busi30 ness continuity programs, such as the American National Standards 

31 Institute’s National Fire Protection Association Standard on Disaster/ 

32 Emergency Management and Business Continuity Programs (ANSI/ 

33 NFPA 1600). 

34 § 10102. Construction; relationship to other laws 

35 (a) CONSTRUCTION; SEVERABILITY.—A provision of this subtitle held to 

36 be invalid or unenforceable by its terms, or as applied to a person or cir37 cumstance, shall be construed so as to give it the maximum effect permitted 

38 by law, unless the holding shall be one of utter invalidity or unenforceability, 

39 in which event the provision shall be deemed severable from this subtitle and 

40 shall not affect the remainder of the subtitle, or the application of the proviVerDate Sep 11 2014 18:05 Jun 12, 2018 Jkt 079200 PO 00000 Frm 00005 Fmt 6652 Sfmt 6221 E:\BILLS\H6063.IH H6063

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1 sion to other persons not similarly situated or to other, dissimilar cir2 cumstances. 

3 (b) RELATIONSHIP TO OTHER LAWS.— 

4 (1) NATIONAL SECURITY RESPONSIBILITIES.—Nothing in this sub5 title (or an amendment made by the Homeland Security Act of 2002 

6 (Public Law 107–296, 116 Stat. 2135)) shall supersede any authority 

7 of the Secretary of Defense, the Director of Central Intelligence, or 

8 other agency head, as authorized by law and as directed by the Presi9 dent, with regard to the operation, control, or management of national 

10 security systems, as defined by section 3552(b)(6) of title 44. 

11 (2) ATOMIC ENERGY ACT OF 1954.—Nothing in this subtitle shall su12 persede any requirement made by or under the Atomic Energy Act of 

13 1954 (42 U.S.C. 2011 et seq.). Restricted data or formerly restricted 

14 data shall be handled, protected, classified, downgraded, and declas15 sified in conformity with the Atomic Energy Act of 1954 (42 U.S.C. 

16 2011 et seq.). 

17 (3) STANDARDS AND TECHNOLOGY ACT.—Nothing in this subtitle 

18 (or an amendment made by the Homeland Security Act of 2002 (Pub19 lic Law 107–296, 116 Stat. 2135)) affects the authority of the Na20 tional Institute of Standards and Technology or the Department of 

21 Commerce relating to the development and promulgation of standards 

22 or guidelines under paragraphs (1) and (2) of section 20(a) of the Na23 tional Institute of Standards and Technology Act (15 U.S.C. 278g24 3(a)(1), (2)). 

25 (4) IMMIGRATION AND NATIONALITY LAW.—Nothing in the definition 

26 of ‘‘United States’’ in section 10101 of this title or another provision 

27 of this subtitle shall be construed to modify the definition of ‘‘United 

28 States’’ for the purposes of the Immigration and Nationality Act (8 

29 U.S.C. 1101 et seq.) or any other immigration or nationality law. 

30 Chapter 103—Department of Homeland 

31 Security 

Subchapter I—Organization 

Sec. 

10301. Establishment; mission; seal. 

10302. Secretary and other officers. 

10303. Office of Intelligence and Analysis. 

10304. Office of Infrastructure Protection. 

10305. Directorate of Science and Technology. 

10306. U.S. Customs and Border Protection. 

10307. U.S. Immigration and Customs Enforcement. 

10308. U.S. Citizenship and Immigration Services. 

10309. Federal Emergency Management Agency. 

10310. Transportation Security Administration. 

10311. United States Secret Service. 

10312. Coast Guard. 

10313. Office for State and Local Government Coordination. 

10314. Office of Emergency Communications. 


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10315. Domestic Nuclear Detection Office. 

10316. Office of Counternarcotics Enforcement. 

10317. Office of International Affairs. 

10318. Office for National Capital Region Coordination. 

10319. Office of Cargo Security Policy. 

10320. Transportation Security Oversight Board. 

10321. Special Assistant to the Secretary. 

10322. Border Enforcement Security Task Force. 

10323. Office for Domestic Preparedness. 

10324. Social media working group. 

10325. Office of Strategy, Policy, and Plans. 

Subchapter II—Functions 

10331. In general. 

10332. Trade and customs revenue functions. 

10333. Military activities. 

10334. Sensitive Security Information. 

Subchapter III—Acquisitions 

10341. Personal services. 

10342. Prohibition on contracts with corporate expatriates. 

10343. Lead system integrator; financial interests. 

Subchapter IV—Human Resources Management 

10351. Establishment of human resources management system. 

10352. Labor-management relations. 

10353. Use of counternarcotics enforcement activities in certain employee performance appraisals. 

10354. Compliance with laws protecting equal employment opportunity and providing whistleblower protections. 

10355. Use of protective equipment or measures by employees. 

10356. Homeland Security Rotation Program. 

10357. Homeland Security Education Program. 

Subchapter V—Cybersecurity 

10371. Workforce assessment and strategy. 

10372. Homeland Workforce Measurement Initiative. 

10373. Recruitment and retention. 

Subchapter VI—Miscellaneous Provisions 

10381. Advisory committees. 

10382. Use of appropriated funds. 

10383. Reports and consultation addressing use of appropriated funds. 

10384. Buy America requirements. 

10385. Horse adoption program. 

10386. Future Years Homeland Security Program. 

10387. Federal Law Enforcement Training Centers. 

10388. Fees. 

10389. Reports to Committee on Commerce, Science, and Transportation. 

10390. Annual ammunition and weaponry reports. 

10391. Clearances. 

10392. National identification system not authorized. 

10393. Functions and authorities of Administrator of General Services not affected. 

10394. Research and development pilot program. 

1 Subchapter I—Organization 

2 § 10301. Establishment; mission; seal 

3 (a) ESTABLISHMENT.—The Department of Homeland Security is an exec4 utive department of the United States within the meaning of title 5. 

5 (b) MISSION.— 

6 (1) IN GENERAL.—The primary mission of the Department is to— 

7 (A) prevent terrorist attacks within the United States; 

8 (B) reduce the vulnerability of the United States to terrorism; 

9 (C) minimize the damage, and assist in the recovery, from ter10 rorist attacks that do occur within the United States; 


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1 (D) carry out all functions of entities transferred to the Depart2 ment, including by acting as a focal point regarding natural and 

3 manmade crises and emergency planning; 

4 (E) ensure that the functions of the agencies and subdivisions 

5 in the Department that are not related directly to securing the 

6 homeland are not diminished or neglected except by a specific ex7 plicit Act of Congress; 

8 (F) ensure that the overall economic security of the United 

9 States is not diminished by efforts, activities, and programs aimed 

10 at securing the homeland; 

11 (G) ensure that the civil rights and civil liberties of persons are 

12 not diminished by efforts, activities, and programs aimed at secur13 ing the homeland; and 

14 (H) monitor connections between illegal drug trafficking and 

15 terrorism, coordinate efforts to sever the connections, and other16 wise contribute to efforts to interdict illegal drug trafficking. 

17 (2) RESPONSIBILITY FOR INVESTIGATING AND PROSECUTING TER18 RORISM.—Except as specifically provided by law with respect to entities 

19 transferred to the Department under this subtitle, primary responsi20 bility for investigating and prosecuting acts of terrorism shall be vested 

21 not in the Department, but rather in Federal, State, and local law en22 forcement agencies with jurisdiction over the acts in question. 

23 (c) SEAL.—The Department has a seal. The design of the seal is subject 

24 to the approval of the President. 

25 § 10302. Secretary and other officers 

26 (a) SECRETARY.—The Secretary of Homeland Security is the head of the 

27 Department. The Secretary is appointed by the President, by and with the 

28 advice and consent of the Senate. 

29 (b) DEPUTY SECRETARY, UNDER SECRETARIES, ADMINISTRATOR, DI30 RECTORS, ASSISTANT SECRETARIES, AND GENERAL COUNSEL.— 

31 (1) IN GENERAL.—Except as provided in paragraph (2), the Depart32 ment has the following officers, appointed by the President, by and 

33 with the advice and consent of the Senate: 

34 (A) Deputy Secretary of Homeland Security, who shall be the 

35 Secretary’s first assistant for purposes of subchapter III of chap36 ter 33 of title 5. 

37 (B) Under Secretary for Science and Technology. 

38 (C) Commissioner of U.S. Customs and Border Protection. 

39 (D) Administrator of the Federal Emergency Management 

40 Agency. 

41 (E) Director of U.S. Citizenship and Immigration Services. 


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1 (F) Under Secretary for Management, who shall be 1st assist2 ant to the Deputy Secretary of Homeland Security for purposes 

3 of chapter 33 of title 5. 

4 (G) Director of U.S. Immigration and Customs Enforcement. 

5 (H) Under Secretary responsible for overseeing critical infra6 structure protection, cybersecurity, and other related programs of 

7 the Department. 

8 (I) Not more than 12 Assistant Secretaries. 

9 (J) General Counsel, who is the chief legal officer of the Depart10 ment. 

11 (K) Under Secretary for Strategy, Policy, and Plans. 

12 (2) ASSISTANT SECRETARIES.—If any of the Assistant Secretaries 

13 referred to under paragraph (1)(I) is designated to be the Assistant 

14 Secretary for Health Affairs, the Assistant Secretary for Legislative 

15 Affairs, or the Assistant Secretary for Public Affairs, that Assistant 

16 Secretary shall be appointed by the President without the advice and 

17 consent of the Senate. 

18 (3) ASSISTANT SECRETARY FOR CYBERSECURITY AND COMMUNICA19 TIONS.—There is in the Department an Assistant Secretary for Cyber20 security and Communications. 

21 (4) UNITED STATES FIRE ADMINISTRATOR.—The Administrator of 

22 the United States Fire Administration shall have a rank equivalent to 

23 an assistant secretary of the Department. 

24 (c) INSPECTOR GENERAL.—There is in the Department the Office of In25 spector General and an Inspector General at the head of the office, as pro26 vided in the Inspector General Act of 1978 (5 U.S.C. App.). 

27 (d) COMMANDANT OF THE COAST GUARD.—To assist the Secretary in 

28 the performance of the Secretary’s functions, there is a Commandant of the 

29 Coast Guard, who shall be appointed as provided in section 44 of title 14, 

30 and who shall report directly to the Secretary. In addition to duties provided 

31 in this subtitle and as assigned to the Commandant by the Secretary, the 

32 duties of the Commandant shall include those required by section 2 of title 

33 14. 

34 (e) CHIEF FINANCIAL OFFICER.—There is in the Department a Chief Fi35 nancial Officer, as provided in chapter 9 of title 31. 

36 (f) CHIEF MEDICAL OFFICER.—There is in the Department a Chief Med37 ical Officer. The Chief Medical Officer is appointed by the President. The 

38 individual appointed as Chief Medical Officer shall possess a demonstrated 

39 ability in and knowledge of medicine and public health. 

40 (g) CHIEF HUMAN CAPITAL OFFICER.—There is in the Department a 

41 Chief Human Capital Officer. 


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1 (h) OTHER OFFICERS.—To assist the Secretary in the performance of the 

2 Secretary’s functions, there are the following officers, appointed by the 

3 President: 

4 (1) Director of the Secret Service. 

5 (2) Chief Information Officer. 

6 (3) Officer for Civil Rights and Civil Liberties. 

7 (4) Director for Domestic Nuclear Detection. 

8 (5) Any Director of a Joint Task Force under section 11508 of this 

9 title. 

10 (i) ABSENCE, DISABILITY, OR VACANCY OF SECRETARY OR DEPUTY SEC11 RETARY AND FURTHER ORDER OF SUCCESSION.— 

12 (1) ABSENCE, DISABILITY, OR VACANCY OF SECRETARY OR DEPUTY

13 SECRETARY.— 

14 (A) UNDER SECRETARY FOR MANAGEMENT TO SERVE AS ACT15 ING SECRETARY.—Notwithstanding chapter 33 of title 5, the 

16 Under Secretary for Management shall serve as the Acting Sec17 retary if by reason of absence, disability, or vacancy in office, nei18 ther the Secretary nor the Deputy Secretary is available to exer19 cise the duties of the Secretary. 

20 (B) NOTIFICATION OF VACANCIES.—The Secretary shall notify 

21 the Committee on Homeland Security and Governmental Affairs 

22 of the Senate and the Committee on Homeland Security of the 

23 House of Representatives of any vacancies that require notification 

24 under sections 3345 through 3349d of title 5. 

25 (2) FURTHER ORDER OF SUCCESSION.—Notwithstanding chapter 33 

26 of title 5, the Secretary may designate other officers of the Department 

27 in further order of succession to serve as Acting Secretary. 

28 § 10303. Office of Intelligence and Analysis 

29 (a) IN GENERAL.—There is in the Department the Office of Intelligence 

30 and Analysis. The Under Secretary for Intelligence and Analysis is the head 

31 of the Office. The Under Secretary is appointed by the President, by and 

32 with the advice and consent of the Senate, and serves as the Chief Intel33 ligence Officer of the Department. 

34 (b) HOMELAND SECURITY INTELLIGENCE PROGRAM.—The Homeland Se35 curity Intelligence Program in the Department coordinates the intelligence 

36 activities of the Office of Intelligence and Analysis that serve predominantly 

37 department missions. 

38 § 10304. Office of Infrastructure Protection 

39 There is in the Department the Office of Infrastructure Protection. The 

40 Assistant Secretary for Infrastructure Protection is the head of the Office. 

41 The Assistant Secretary is appointed by the President. 


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1 § 10305. Directorate of Science and Technology 

2 There is in the Department the Directorate of Science and Technology. 

3 The Under Secretary for Science and Technology is the head of the Direc4 torate. 

5 § 10306. U.S. Customs and Border Protection 

6 (a) DEFINITIONS.—In this section, the terms ‘‘commercial operations’’, 

7 ‘‘customs and trade laws of the United States’’, ‘‘trade enforcement’’, and 

8 ‘‘trade facilitation’’ have the meanings given the terms in section 2 of the 

9 Trade Facilitation and Trade Enforcement Act of 2015 (19 U.S.C. 4301). 

10 (b) IN GENERAL.—There is in the Department an agency known as U.S. 

11 Customs and Border Protection. 

12 (c) COMMISSIONER.— 

13 (1) HEAD OF U.S. CUSTOMS AND BORDER PROTECTION.—The Com14 missioner of U.S. Customs and Border Protection (in this section re15 ferred to as the ‘‘Commissioner’’) is the head of U.S. Customs and 

16 Border Protection. 

17 (2) COMMITTEE REFERRAL OF NOMINATION.—As an exercise of the 

18 rulemaking power of the Senate, a nomination for the Commissioner 

19 submitted to the Senate for confirmation and referred to a committee 

20 shall be referred to the Committee on Finance. 

21 (d) DEPUTY COMMISSIONER.—U.S. Customs and Border Protection has 

22 a Deputy Commissioner. The Deputy Commissioner shall assist the Com23 missioner in the management of U.S. Customs and Border Protection. 

24 (e) U.S. BORDER PATROL.— 

25 (1) IN GENERAL.—There is in U.S. Customs and Border Protection 

26 the U.S. Border Patrol. 

27 (2) CHIEF.–The Chief of the U.S. Border Patrol is the head of the 

28 U.S. Border Patrol. The Chief of the U.S. Border Patrol shall report 

29 to the Commissioner. 

30 (3) DUTIES.—The U.S. Border Patrol shall— 

31 (A) serve as the law enforcement officer of U.S. Customs and 

32 Border Protection with primary responsibility for interdicting indi33 viduals attempting to illegally enter or exit the United States or 

34 goods being illegally imported into or exported from the United 

35 States at a place other than a designated port of entry; 

36 (B) deter and prevent illegal entry of terrorists, terrorist weap37 ons, persons, and contraband; and 

38 (C) carry out other duties and powers prescribed by the Com39 missioner. 

40 (f) OFFICE OF AIR AND MARINE OPERATIONS.— 


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1 (1) IN GENERAL.—There is in U.S. Customs and Border Protection 

2 an Office of Air and Marine Operations. 

3 (2) ASSISTANT COMMISSIONER.—An Assistant Commissioner is the 

4 head of the Office of Air and Marine Operations. The Assistant Com5 missioner shall report to the Commissioner. 

6 (3) DUTIES.—The Office of Air and Marine Operations shall— 

7 (A) serve as the law enforcement office in U.S. Customs and 

8 Border Protection with primary responsibility to detect, interdict, 

9 and prevent acts of terrorism and the unlawful movement of peo10 ple, illicit drugs, and other contraband across the borders of the 

11 United States in the air and maritime environment; 

12 (B) conduct joint aviation and marine operations with U.S. Im13 migration and Customs Enforcement; 

14 (C) conduct aviation and marine operations with international, 

15 Federal, State, and local law enforcement agencies, as appropriate; 

16 (D) administer the Air and Marine Operations Center; and 

17 (E) carry out other duties and powers the Commissioner pre18 scribes. 

19 (4) AIR AND MARINE OPERATIONS CENTER.— 

20 (A) IN GENERAL.—There is in the Office of Air and Marine Op21 erations an Air and Marine Operations Center. 

22 (B) EXECUTIVE DIRECTOR.—The Executive Director is the 

23 head of the Air and Marine Operations Center. The Executive Di24 rector shall report to the Assistant Commissioner of the Office of 

25 Air and Marine Operations. 

26 (C) DUTIES.—The Air and Marine Operations Center shall— 

27 (i) manage the air and maritime domain awareness of the 

28 Department; 

29 (ii) monitor and coordinate the airspace for Unmanned 

30 Aerial Systems operations of the Office of Air and Marine 

31 Operations; 

32 (iii) detect, identify, and coordinate a response to threats 

33 to national security in the air domain; 

34 (iv) provide aviation and marine support to other Federal, 

35 State, tribal, and local agencies; and 

36 (v) carry out other duties and powers prescribed by the As37 sistant Commissioner. 

38 (g) OFFICE OF FIELD OPERATIONS.— 

39 (1) IN GENERAL.—There is in U.S. Customs and Border Protection 

40 an Office of Field Operations. 


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1 (2) EXECUTIVE ASSISTANT COMMISSIONER.—An Executive Assistant 

2 Commissioner is the head of the Office of Field Operations. The Execu3 tive Assistant Commissioner shall report to the Commissioner. 

4 (3) DUTIES.—The Office of Field Operations shall coordinate the en5 forcement activities of U.S. Customs and Border Protection at United 

6 States air, land, and sea ports of entry to— 

7 (A) deter and prevent terrorists and terrorist weapons from en8 tering the United States at those ports of entry; 

9 (B) conduct inspections at those ports of entry to safeguard the 

10 United States from terrorism and illegal entry of persons; 

11 (C) prevent illicit drugs, agricultural pests, and contraband 

12 from entering the United States; 

13 (D) in coordination with the Commissioner, facilitate and expe14 dite the flow of legitimate travelers and trade; 

15 (E) administer the National Targeting Center; 

16 (F) coordinate with the Executive Assistant Commissioner with 

17 respect to the trade facilitation and trade enforcement activities of 

18 U.S. Customs and Border Protection; and 

19 (G) carry out other duties and powers the Commissioner pre20 scribes. 

21 (4) NATIONAL TARGETING CENTER.— 

22 (A) IN GENERAL.—There is in the Office of Field Operations 

23 a National Targeting Center. 

24 (B) EXECUTIVE DIRECTOR.—An Executive Director is the head 

25 of the National Targeting Center. The Executive Director shall re26 port to the Executive Assistant Commissioner of the Office of 

27 Field Operations. 

28 (C) DUTIES.—The National Targeting Center shall— 

29 (i) serve as the primary forum for targeting operations in 

30 U.S. Customs and Border Protection to collect and analyze 

31 traveler and cargo information in advance of arrival in the 

32 United States; 

33 (ii) identify, review, and target travelers and cargo for ex34 amination; 

35 (iii) coordinate the examination of entry and exit of trav36 elers and cargo; 

37 (iv) develop and conduct commercial risk assessment tar38 geting with respect to cargo destined for the United States; 

39 (v) coordinate with the Transportation Security Adminis40 tration, as appropriate; 


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1 (vi) issue Trade Alerts pursuant to section 111(b) of the 

2 Trade Facilitation and Trade Enforcement Act of 2015 (19 

3 U.S.C. 4318(b)); and 

4 (vii) carry out other duties and powers the Executive As5 sistant Commissioner prescribes. 

6 (5) ANNUAL REPORT ON STAFFING.— 

7 (A) IN GENERAL.—Not later than March 25 of each year, the 

8 Executive Assistant Commissioner shall submit to the appropriate 

9 congressional committees a report on the staffing model for the 

10 Office of Field Operations, including information on how many su11 pervisors, front-line U.S. Customs and Border Protection officers, 

12 and support personnel are assigned to each Field Office and port 

13 of entry. 

14 (B) FORM.—The report required under subparagraph (A) shall, 

15 to the greatest extent practicable, be submitted in unclassified 

16 form, but may be submitted in classified form, if the Executive As17 sistant Commissioner determines that a classified form is appro18 priate and informs the Committee on Homeland Security and the 

19 Committee on Ways and Means of the House of Representatives 

20 and the Committee on Homeland Security and Governmental Af21 fairs and the Committee on Finance of the Senate of the rea22 soning for a classified report. 

23 (h) OFFICE OF INTELLIGENCE.— 

24 (1) IN GENERAL.—There is in U.S. Customs and Border Protection 

25 an Office of Intelligence. 

26 (2) ASSISTANT COMMISSIONER.—An Assistant Commissioner is the 

27 head of the Office of Intelligence. The Assistant Commissioner shall re28 port to the Commissioner. 

29 (3) DUTIES.—The Office of Intelligence shall— 

30 (A) develop, provide, coordinate, and implement intelligence ca31 pabilities into a cohesive intelligence enterprise to support the exe32 cution of the duties and responsibilities of U.S. Customs and Bor33 der Protection; 

34 (B) collect and analyze advance traveler and cargo information; 

35 (C) establish, in coordination with the Chief Intelligence Officer 

36 of the Department, as appropriate, intelligence-sharing relation37 ships with Federal, State, local, and tribal agencies and intel38 ligence agencies; 

39 (D) conduct risk-based covert testing of U.S. Customs and Bor40 der Protection operations, including for nuclear and radiological 

41 risks; and 


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1 (E) carry out other duties and powers the Commissioner pre2 scribes. 

3 (i) OFFICE OF INTERNATIONAL AFFAIRS.— 

4 (1) IN GENERAL.—There is in U.S. Customs and Border Protection 

5 an Office of International Affairs. 

6 (2) ASSISTANT COMMISSIONER.—An Assistant Commissioner is the 

7 head of the Office of International Affairs. The Assistant Commis8 sioner shall report to the Commissioner. 

9 (3) DUTIES.—The Office of International Affairs, in collaboration 

10 with the Office of Policy of the Department, shall— 

11 (A) coordinate and support U.S. Customs and Border Protec12 tion’s foreign initiatives, policies, programs, and activities; 

13 (B) coordinate and support U.S. Customs and Border Protec14 tion’s personnel stationed abroad; 

15 (C) maintain partnerships and information sharing agreements 

16 and arrangements with foreign governments, international organi17 zations, and United States agencies in support of U.S. Customs 

18 and Border Protection duties and responsibilities; 

19 (D) provide necessary capacity building, training, and assistance 

20 to foreign border control agencies to strengthen global supply 

21 chain and travel security, as appropriate; 

22 (E) coordinate mission support services to sustain U.S. Customs 

23 and Border Protection’s global activities; 

24 (F) coordinate with customs authorities of foreign countries 

25 with respect to trade facilitation and trade enforcement; 

26 (G) coordinate U.S. Customs and Border Protection’s engage27 ment in international negotiations; 

28 (H) advise the Commissioner with respect to matters arising in 

29 the World Customs Organization and other international organiza30 tions on matters relating to the policies and procedures of U.S. 

31 Customs and Border Protection; 

32 (I) advise the Commissioner regarding international agreements 

33 to which the United States is a party as the agreements relate to 

34 the policies and procedures of U.S. Customs and Border Protec35 tion; and 

36 (J) carry out other duties and powers the Commissioner pre37 scribes. 

38 (j) OFFICE OF PROFESSIONAL RESPONSIBILITY.— 

39 (1) IN GENERAL.—There is in U.S. Customs and Border Protection 

40 an Office of Professional Responsibility. 


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1 (2) ASSISTANT COMMISSIONER.–An Assistant Commissioner is the 

2 head of the Office of Professional Responsibility. The Assistant Com3 missioner shall report to the Commissioner. 

4 (3) DUTIES.—The Office of Professional Responsibility shall— 

5 (A) investigate criminal and administrative matters and mis6 conduct by officers, agents, and other employees of U.S. Customs 

7 and Border Protection; 

8 (B) manage integrity-related programs and policies of U.S. Cus9 toms and Border Protection; 

10 (C) conduct research and analysis regarding misconduct of offi11 cers, agents, and other employees of U.S. Customs and Border 

12 Protection; and 

13 (D) carry out other duties and powers the Commissioner pre14 scribes. 

15 (k) OFFICE OF TRADE.— 

16 (1) DEFINITIONS.—In this subsection, the terms ‘‘customs and trade 

17 laws of the United States’’, ‘‘trade enforcement’’, and ‘‘trade facilita18 tion’’ have the meanings given the terms in section 2 of the Trade Fa19 cilitation and Trade Enforcement Act of 2015 (19 U.S.C. 4301). 

20 (2) IN GENERAL.—There is in U.S. Customs and Border Protection 

21 an Office of Trade. 

22 (3) EXECUTIVE ASSISTANT COMMISSIONER.—An Executive Assistant 

23 Commissioner is the head of the Office of Trade. The Executive Assist24 ant Commissioner shall report to the Commissioner. 

25 (4) DUTIES.—The Office of Trade shall— 

26 (A) direct the development and implementation, pursuant to the 

27 customs and trade laws of the United States, of policies and regu28 lations administered by U.S. Customs and Border Protection; 

29 (B) advise the Commissioner with respect to the impact on 

30 trade facilitation and trade enforcement of any policy or regulation 

31 otherwise proposed or administered by U.S. Customs and Border 

32 Protection; 

33 (C) coordinate and cooperate with the Executive Assistant Com34 missioner for the Office of Field Operations with respect to the 

35 trade facilitation and trade enforcement activities of U.S. Customs 

36 and Border Protection carried out at the land borders and ports 

37 of entry of the United States; 

38 (D) direct the development and implementation of matters relat39 ing to the priority trade issues identified by the Commissioner in 

40 the joint strategic plan on trade facilitation and trade enforcement 


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1 required under section 105 of the Trade Facilitation and Trade 

2 Enforcement Act of 2015 (19 U.S.C. 4314); 

3 (E) otherwise advise the Commissioner with respect to the de4 velopment and implementation of the joint strategic plan; 

5 (F) direct the trade enforcement activities of U.S. Customs and 

6 Border Protection; 

7 (G) oversee the trade modernization activities of U.S. Customs 

8 and Border Protection, including the development and implemen9 tation of the Automated Commercial Environment computer sys10 tem authorized under section 13031(f)(5) of the Consolidated Om11 nibus Budget and Reconciliation Act of 1985 (19 U.S.C. 

12 58c(f)(5)) and support for the establishment of the International 

13 Trade Data System under the oversight of the Department of 

14 Treasury pursuant to section 411(d) of the Tariff Act of 1930 (19 

15 U.S.C. 1411(d)); 

16 (H) direct the administration of customs revenue functions as 

17 otherwise provided by law or delegated by the Commissioner; and 

18 (I) prepare an annual report to be submitted to the Committee 

19 on Finance of the Senate and the Committee on Ways and Means 

20 of the House of Representatives not later than March 1 of each 

21 calendar year that includes— 

22 (i) a summary of the changes to customs policies and regu23 lations adopted by U.S. Customs and Border Protection dur24 ing the preceding calendar year; and 

25 (ii) a description of the public vetting and interagency con26 sultation that occurred with respect to each change. 

27 (5) TRANSFER OF ASSETS, FUNCTIONS, AND PERSONNEL.—The 

28 Commissioner may transfer any assets, functions, or personnel in U.S. 

29 Customs and Border Protection to the Office of Trade. Not less than 

30 90 days prior to the transfer, the Commissioner shall notify the Com31 mittee on Finance of the Senate, the Committee on Homeland Security 

32 and Government Affairs of the Senate, the Committee on Ways and 

33 Means of the House of Representatives, and the Committee on Home34 land Security of the House of Representatives of the specific assets, 

35 functions, or personnel to be transferred, and the reason for the trans36 fer. 

37 (l) OTHER AUTHORITIES.— 

38 (1) IN GENERAL.–The Secretary may establish such other offices or 

39 positions of Assistant Commissioners (or other similar officers or offi40 cials) as the Secretary determines necessary to carry out the missions, 


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1 duties, functions, and authorities of U.S. Customs and Border Protec2 tion. 

3 (2) NOTIFICATION.—If the Secretary exercises the authority pro4 vided under paragraph (1), the Secretary shall notify the Committee 

5 on Homeland Security of the House of Representative and the Com6 mittee on Homeland Security and Governmental Affairs of the Senate 

7 not later than 30 days before exercising the authority 

8 (3) OTHER FEDERAL AGENCIES.—Nothing in paragraphs (1) and (2) 

9 and subsections (a) through (h) may be construed as affecting in any 

10 manner the authority, existing on February 23, 2016, of any other 

11 Federal agency or component of the Department. 

12 § 10307. U. S. Immigration and Customs Enforcement 

13 There is in the Department an agency known as U.S. Immigration and 

14 Customs Enforcement. The Director of Immigration and Customs Enforce15 ment is the head of U.S. Immigration and Customs Enforcement. The Di16 rector reports directly to the Secretary and shall have a minimum of 5 years 

17 professional experience in law enforcement and a minimum of 5 years of 

18 management experience. 

19 § 10308. U.S. Citizenship and Immigration Services 

20 There is in the Department an agency known as U.S. Citizenship and Im21 migration Services. The Director of U.S. Citizenship and Immigration Serv22 ices is the head of U.S. Citizenship and Immigration Services. The Director 

23 of U.S. Citizenship and Immigration Services reports directly to the Deputy 

24 Secretary of Homeland Security, shall have a minimum of 5 years of man25 agement experience, and shall be paid at the same level as the Director of 

26 Immigration and Customs Enforcement. 

27 § 10309. Federal Emergency Management Agency 

28 (a) ESTABLISHMENT.—There is in the Department the Federal Emer29 gency Management Agency. The Federal Emergency Management Agency 

30 is a distinct entity in the Department. 

31 (b) ADMINISTRATOR.—The Administrator of the Federal Emergency 

32 Management Agency is the head of the Agency. The Administrator shall be 

33 appointed by the President, by and with the advice and consent of the Sen34 ate, from among individuals who have— 

35 (1) a demonstrated ability in and knowledge of emergency manage36 ment and homeland security; and 

37 (2) not less than 5 years of executive leadership and management 

38 experience in the public or private sector. 

39 (c) DEPUTY ADMINISTRATORS.—The President may appoint, by and with 

40 the advice and consent of the Senate, not more than 4 Deputy Administra41 tors to assist the Administrator in carrying out chapter 111 of this title. 


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1 § 10310. Transportation Security Administration 

2 (a) ESTABLISHMENT.—The Transportation Security Administration is a 

3 distinct entity in the Department. 

4 (b) ADMINISTRATOR.— 

5 (1) IN GENERAL.—The Administrator of the Transportation Security 

6 Administration is the head of the Administration. The Administrator 

7 shall be appointed by the President, by and with the advice and consent 

8 of the Senate. The Administrator shall be a citizen of the United States 

9 and have experience in a field directly related to transportation or secu10 rity. 

11 (2) TERM.—The term of office of an individual appointed as the Ad12 ministrator is 5 years. 

13 (3) LIMITATION ON OWNERSHIP OF STOCKS AND BONDS.—The Ad14 ministrator may not own stock in or bonds of a transportation or secu15 rity enterprise or an enterprise that makes equipment that could be 

16 used for security purposes. 

17 § 10311. United States Secret Service 

18 (a) IN GENERAL.—The United States Secret Service is a distinct entity 

19 in the Department. The Secretary succeeds to the functions, personnel, as20 sets, and obligations of the Secret Service, including the functions of the 

21 Secretary of the Treasury relating to the Secret Service. 

22 (b) USE OF PROCEEDS DERIVED FROM CRIMINAL INVESTIGATIONS.— 

23 (1) IN GENERAL.—With respect to any undercover investigative oper24 ation of the United States Secret Service that is necessary for the de25 tection and prosecution of crimes against the United States— 

26 (A) sums appropriated for the Secret Service, including unobli27 gated balances available from prior fiscal years, may be used for 

28 purchasing property, buildings, and other facilities, and for leasing 

29 space, in the United States, the District of Columbia, and the ter30 ritories and possessions of the United States, without regard to 

31 sections 1341 and 3324 of title 31, section 8141 of title 40, and 

32 section 3901, chapter 45, and sections 6301(a) and (b)(1) to (3) 

33 and 6306(a) of title 41; 

34 (B) sums appropriated for the Secret Service, including unobli35 gated balances available from prior fiscal years, may be used to 

36 establish or to acquire proprietary corporations or business entities 

37 as part of the undercover operation, and to operate the corpora38 tions or business entities on a commercial basis, without regard 

39 to sections 9102 and 9103 of title 31; 

40 (C) sums appropriated for the Secret Service, including unobli41 gated balances available from prior fiscal years and the proceeds 


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1 from the undercover operation, may be deposited in banks or other 

2 financial institutions, without regard to section 648 of title 18 and 

3 section 3302 of title 31; and 

4 (D) proceeds from the undercover operation may be used to off5 set necessary and reasonable expenses incurred in the operation, 

6 without regard to section 3302 of title 31. 

7 (2) WRITTEN CERTIFICATION.—The authority set forth in paragraph 

8 (1) may be exercised only on the written certification of the Director 

9 of the Secret Service or designee that any action authorized by any 

10 subparagraph of paragraph (1) is necessary for the conduct of an un11 dercover investigative operation. The certification shall continue in ef12 fect for the duration of the operation, without regard to fiscal years. 

13 (3) DEPOSIT OF PROCEEDS.—As soon as practicable after the pro14 ceeds from an undercover investigative operation with respect to which 

15 an action is authorized and carried out under subparagraphs (C) and 

16 (D) of paragraph (1) are no longer necessary for the conduct of the 

17 operation, the proceeds or the balance of the proceeds remaining at the 

18 time shall be deposited in the Treasury as miscellaneous receipts. 

19 (4) REPORTING AND DEPOSIT OF PROCEEDS ON DISPOSITION OF

20 CERTAIN BUSINESS ENTITIES.—If a corporation or business entity es21 tablished or acquired as part of an undercover investigative operation 

22 under paragraph (2) with a net value of over $50,000 is to be liq23 uidated, sold, or otherwise disposed of, the Secret Service, as much in 

24 advance as the Director or designee determines is practicable, shall re25 port the circumstance to the Secretary. The proceeds of the liquidation, 

26 sale, or other disposition, after obligations are met, shall be deposited 

27 in the Treasury as miscellaneous receipts. 

28 (5) FINANCIAL AUDITS AND REPORTS.— 

29 (A) SECRET SERVICE.—The Secret Service shall conduct de30 tailed financial audits of closed undercover investigative operations 

31 for which a written certification was made pursuant to paragraph 

32 (2) on a quarterly basis and shall report the results of the audits 

33 in writing to the Secretary. 

34 (B) SUBMISSION TO APPROPRIATIONS COMMITTEES.—The Sec35 retary annually shall submit to the Committees on Appropriations 

36 of the Senate and House of Representatives, at the time that the 

37 President’s budget is submitted under section 1105(a) of title 31, 

38 a summary of the audits. 


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1 § 10312. Coast Guard 

2 (a) IN GENERAL.—The Coast Guard is a distinct entity in the Depart3 ment. The Commandant reports directly to the Secretary without being re4 quired to report through any other official of the Department. 

5 (b) TRANSFER.— 

6 (1) IN GENERAL.—The authorities, functions, personnel, and assets 

7 of the Coast Guard, including the authorities and functions of the Sec8 retary of Transportation relating to the Coast Guard, are transferred 

9 to the Secretary. Notwithstanding any other provision of this subtitle, 

10 the authorities, functions, and capabilities of the Coast Guard to per11 form its missions shall be maintained intact and without significant re12 duction, except as specified in Acts subsequent to the Homeland Secu13 rity Act of 2002 (Public Law 107–296, 116 Stat. 2135). 

14 (2) CERTAIN TRANSFERS PROHIBITED.—No mission, function, or 

15 asset (including for purposes of this paragraph a ship, aircraft, or heli16 copter) of the Coast Guard may be diverted to the principal and con17 tinuing use of another organization, unit, or entity of the Department, 

18 except for details or assignments that do not reduce the Coast Guard’s 

19 capability to perform its missions. 

20 (c) CHANGES TO MISSIONS.— 

21 (1) PROHIBITION.—The Secretary may not substantially or signifi22 cantly reduce the missions of the Coast Guard or the Coast Guard’s 

23 capability to perform those missions, except as specified in Acts subse24 quent to the Homeland Security Act of 2002 (Public Law 107–296, 

25 116 Stat. 2135). 

26 (2) WAIVER.—The Secretary may waive the restrictions under para27 graph (1) for a period of not to exceed 90 days upon a declaration and 

28 certification by the Secretary to Congress that a clear, compelling, and 

29 immediate need exists for a waiver. A certification under this para30 graph shall include a detailed justification for the declaration and cer31 tification, including the reasons and specific information that dem32 onstrate that the Nation and the Coast Guard cannot respond effec33 tively if the restrictions under paragraph (1) are not waived. 

34 (d) NONAPPLICABILITY TO OPERATION AS A SERVICE IN THE NAVY.— 

35 None of the conditions and restrictions in this section shall apply when the 

36 Coast Guard operates as a service in the Navy under section 3 of title 14. 

37 § 10313. Office for State and Local Government Coordina38 tion 

39 There is in the Office of the Secretary the Office for State and Local 

40 Government Coordination. 


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1 § 10314. Office of Emergency Communications 

2 There is in the Department the Office of Emergency Communications. 

3 The Director for Emergency Communications is the head of the Office. The 

4 Director reports to the Assistant Secretary for Cybersecurity and Commu5 nications. 

6 § 10315. Domestic Nuclear Detection Office 

7 There is in the Department the Domestic Nuclear Detection Office. The 

8 Director for Domestic Nuclear Detection is the head of the Office. The Di9 rector is appointed by the President. 

10 § 10316. Office of Counternarcotics Enforcement 

11 (a) OFFICE.—There is in the Department the Office of Counternarcotics 

12 Enforcement. The Director is the head of the Office. The Director is ap13 pointed by the President. 

14 (b) ASSIGNMENT OF PERSONNEL.— 

15 (1) IN GENERAL.—The Secretary shall assign permanent staff to the 

16 Office of Counternarcotics Enforcement, consistent with effective man17 agement of Department resources. 

18 (2) LIAISONS.—The Secretary shall designate senior employees from 

19 each appropriate subdivision of the Department that has significant 

20 counternarcotics responsibilities to act as a liaison between that sub21 division and the Office of Counternarcotics Enforcement. 

22 (c) LIMITATION ON CONCURRENT EMPLOYMENT.—The Director of the 

23 Office of Counternarcotics Enforcement shall not be employed by, assigned 

24 to, or serve as the head of, another branch of the Federal Government, a 

25 State or local government, or a subdivision of the Department other than 

26 the Office of Counternarcotics Enforcement. 

27 (d) RESPONSIBILITIES.—The Secretary shall direct the Director of the 

28 Office of Counternarcotics Enforcement— 

29 (1) to coordinate policy and operations within the Department, be30 tween the Department and other Federal departments and agencies, 

31 and between the Department and State and local agencies with respect 

32 to stopping the entry of illegal drugs into the United States; 

33 (2) to ensure the adequacy of resources within the Department for 

34 stopping the entry of illegal drugs into the United States; 

35 (3) to recommend the appropriate financial and personnel resources 

36 necessary to help the Department better fulfill its responsibility to stop 

37 the entry of illegal drugs into the United States; 

38 (4) in the Joint Terrorism Task Force construct, to track and sever 

39 connections between illegal drug trafficking and terrorism; and 

40 (5) to be a representative of the Department on all task forces, com41 mittees, or other entities whose purpose is to coordinate the counterVerDate Sep 11 2014 18:05 Jun 12, 2018 Jkt 079200 PO 00000 Frm 00022 Fmt 6652 Sfmt 6221 E:\BILLS\H6063.IH H6063

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1 narcotics enforcement activities of the Department and other Federal, 

2 State or local agencies. 

3 (e) SAVINGS CLAUSE.—Nothing in this section shall be construed to au4 thorize direct control of the operations conducted by the Directorate of Bor5 der and Transportation Security, the Coast Guard, or joint terrorism task 

6 forces. 

7 (f) REPORTS TO CONGRESS.— 

8 (1) ANNUAL BUDGET REVIEW.—The Director of the Office of Coun9 ternarcotics Enforcement shall, not later than 30 days after the sub10 mission by the President to Congress of a request for expenditures for 

11 the Department, submit to the Committees on Appropriations and the 

12 authorizing committees of jurisdiction of the House of Representatives 

13 and the Senate a review and evaluation of the request. The review and 

14 evaluation shall— 

15 (A) identify a request or subpart of a request that affects or 

16 may affect the counternarcotics activities of the Department or its 

17 subdivisions, or that affects the ability of the Department or a 

18 subdivision of the Department to meet its responsibility to stop 

19 the entry of illegal drugs into the United States; 

20 (B) describe with particularity how requested funds would be or 

21 could be expended in furtherance of counternarcotics activities; 

22 and 

23 (C) compare the requests with requests for expenditures and 

24 amounts appropriated by Congress in the previous fiscal year. 

25 (2) EVALUATION OF COUNTERNARCOTICS ACTIVITIES.—The Director 

26 of the Office of Counternarcotics Enforcement shall, not later than 

27 February 1 each year, submit to the Committees on Appropriations 

28 and the authorizing committees of jurisdiction of the House of Rep29 resentatives and the Senate a review and evaluation of the counter30 narcotics activities of the Department for the previous fiscal year. The 

31 review and evaluation shall— 

32 (A) describe the counternarcotics activities of the Department 

33 and each subdivision of the Department (whether individually or 

34 in cooperation with other subdivisions of the Department, or in co35 operation with other branches of the Federal Government or with 

36 State or local agencies), including the methods, procedures, and 

37 systems (including computer systems) for collecting, analyzing, 

38 sharing, and disseminating information concerning narcotics activ39 ity within the Department and between the Department and other 

40 Federal, State, and local agencies; 


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1 (B) describe the results of those activities, using quantifiable 

2 data whenever possible; 

3 (C) state whether those activities were sufficient to meet the re4 sponsibility of the Department to stop the entry of illegal drugs 

5 into the United States, including a description of the performance 

6 measures of effectiveness that were used in making that deter7 mination; and 

8 (D) recommend, where appropriate, changes to those activities 

9 to improve the performance of the Department in meeting its re10 sponsibility to stop the entry of illegal drugs into the United 

11 States. 

12 (3) CLASSIFIED OR LAW ENFORCEMENT SENSITIVE INFORMATION.— 

13 Any content of a review and evaluation described in the reports re14 quired in this subsection that involves information classified under cri15 teria established by an Executive order, or whose public disclosure, as 

16 determined by the Secretary, would be detrimental to the law enforce17 ment or national security activities of the Department or any other 

18 Federal, State, or local agency, shall be presented to Congress sepa19 rately from the rest of the review and evaluation. 

20 § 10317. Office of International Affairs 

21 (a) ESTABLISHMENT.—There is in the Office of the Secretary the Office 

22 of International Affairs. The Director is the head of the Office. The Direc23 tor shall be a senior official appointed by the Secretary. 

24 (b) DUTIES OF THE DIRECTOR.—The Director shall have the following 

25 duties: 

26 (1) To promote information and education exchange with nations 

27 friendly to the United States in order to promote sharing of best prac28 tices and technologies relating to homeland security. The exchange 

29 shall include the following: 

30 (A) Exchange of information on research and development on 

31 homeland security technologies. 

32 (B) Joint training exercises of first responders. 

33 (C) Exchange of expertise on terrorism prevention, response, 

34 and crisis management. 

35 (2) To identify areas for homeland security information and training 

36 exchange where the United States has a demonstrated weakness and 

37 another friendly nation or nations have a demonstrated expertise. 

38 (3) To plan and undertake international conferences, exchange pro39 grams, and training activities. 


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1 (4) To manage international activities in the Department in coordi2 nation with other Federal officials responsible for counterterrorism 

3 matters. 

4 § 10318. Office for National Capital Region Coordination 

5 There is in the Office of the Secretary the Office of National Capital Re6 gion Coordination. The Director is the head of the Office. The Director is 

7 appointed by the Secretary. 

8 § 10319. Office of Cargo Security Policy 

9 There is in the Department the Office of Cargo Security Policy. The Di10 rector is the head of the Office. The Director is appointed by the Secretary. 

11 The Director reports to the Assistant Secretary for Policy. 

12 § 10320. Transportation Security Oversight Board 

13 (a) ESTABLISHMENT.—There is in the Department the Transportation 

14 Security Oversight Board (in this section referred to as the ‘‘Board’’). 

15 (b) MEMBERSHIP.— 

16 (1) NUMBER.—The Board is composed of 7 members as follows: 

17 (A) The Secretary, or the Secretary’s designee. 

18 (B) The Secretary of Transportation, or the Secretary of Trans19 portation’s designee. 

20 (C) The Attorney General, or the Attorney General’s designee. 

21 (D) The Secretary of Defense, or the Secretary of Defense’s 

22 designee. 

23 (E) The Secretary of the Treasury, or the Secretary of the 

24 Treasury’s designee. 

25 (F) The Director of National Intelligence, or the Director’s des26 ignee. 

27 (G) One member appointed by the President to represent the 

28 National Security Council. 

29 (2) CHAIRPERSON.—The Secretary is the Chairperson of the Board. 

30 (c) DUTIES.—The Board shall— 

31 (1) review and ratify or disapprove a regulation or security directive 

32 issued by the Administrator of the Transportation Security Administra33 tion under section 11307(b) of this title within 30 days after the date 

34 of issuance of the regulation or directive; 

35 (2) facilitate the coordination of intelligence, security, and law en36 forcement activities affecting transportation; 

37 (3) facilitate the sharing of intelligence, security, and law enforce38 ment information affecting transportation among Federal agencies and 

39 with carriers and other transportation providers as appropriate; 


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1 (4) explore the technical feasibility of developing a common database 

2 of individuals who may pose a threat to transportation or national se3 curity; 

4 (5) review plans for transportation security; 

5 (6) make recommendations to the Under Secretary regarding mat6 ters reviewed under paragraph (5). 

7 (d) QUARTERLY MEETINGS.—The Board shall meet at least quarterly. 

8 (e) CONSIDERATION OF SECURITY INFORMATION.—A majority of the 

9 Board may vote to close a meeting of the Board to the public, except that 

10 meetings shall be closed to the public whenever classified, sensitive security 

11 information, or information protected under section 40119(b) of title 49, 

12 will be discussed. 

13 § 10321. Special Assistant to the Secretary 

14 The Secretary shall appoint a Special Assistant to the Secretary. The 

15 Special Assistant is responsible for— 

16 (1) creating and fostering strategic communications with the private 

17 sector to enhance the primary mission of the Department to protect the 

18 American homeland; 

19 (2) advising the Secretary on the impact of the Department’s poli20 cies, regulations, processes, and actions on the private sector; 

21 (3) interfacing with other relevant Federal agencies with homeland 

22 security missions to assess the impact of these agencies’ actions on the 

23 private sector; 

24 (4) creating and managing private-sector advisory councils composed 

25 of representatives of industries and associations designated by the Sec26 retary to— 

27 (A) advise the Secretary on private-sector products, applica28 tions, and solutions as they relate to homeland security challenges; 

29 (B) advise the Secretary on homeland security policies, regula30 tions, processes, and actions that affect the participating indus31 tries and associations; and 

32 (C) advise the Secretary on private-sector preparedness issues, 

33 including effective methods for— 

34 (i) promoting voluntary preparedness standards to the pri35 vate sector; and 

36 (ii) assisting the private sector in adopting voluntary pre37 paredness standards; 

38 (5) working with Federal laboratories, federally funded research and 

39 development centers, other federally funded organizations, academia, 

40 and the private sector to develop innovative approaches to address 


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1 homeland security challenges to produce and deploy the best available 

2 technologies for homeland security missions; 

3 (6) promoting existing public-private partnerships and developing 

4 new public-private partnerships to provide for collaboration and mutual 

5 support to address homeland security challenges; 

6 (7) assisting in the development and promotion of private-sector best 

7 practices to secure critical infrastructure; 

8 (8) providing information to the private sector regarding voluntary 

9 preparedness standards and the business justification for preparedness 

10 and promoting to the private sector the adoption of voluntary prepared11 ness standards; 

12 (9) coordinating industry efforts, with respect to functions of the De13 partment, to identify private-sector resources and capabilities that 

14 could be effective in supplementing Federal, State, and local govern15 ment agency efforts to prevent or respond to a terrorist attack; 

16 (10) coordinating with the Commissioner of U.S. Customs and Bor17 der Protection and the Assistant Secretary for Trade Development of 

18 the Department of Commerce on issues related to the travel and tour19 ism industries; and 

20 (11) consulting with the Office for State and Local Government Co21 ordination on all matters of concern to the private sector, including the 

22 tourism industry. 

23 § 10322. Border Enforcement Security Task Force 

24 There is in the Department the Border Enforcement Security Task 

25 Force. 

26 § 10323. Office for Domestic Preparedness 

27 (a) ESTABLISHMENT.—There is in the Department an Office for Domes28 tic Preparedness. The Director is the head of the Office. The Director is 

29 appointed by the President. 

30 (b) RESPONSIBILITIES.—The Office for Domestic Preparedness has the 

31 primary responsibility in the executive branch for the preparedness of the 

32 United States for acts of terrorism, including— 

33 (1) coordinating preparedness efforts at the Federal level, and work34 ing with all State, local, tribal, parish, and private-sector emergency re35 sponse providers on all matters pertaining to combating terrorism, in36 cluding training, exercises, and equipment support; 

37 (2) coordinating or, as appropriate, consolidating communications 

38 and systems of communications relating to homeland security at all lev39 els of government; 

40 (3) directing and supervising terrorism preparedness grant programs 

41 of the Federal Government (other than those programs administered by 


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1 the Department of Health and Human Services) for all emergency re2 sponse providers; 

3 (4) incorporating the Strategy priorities into planning guidance on 

4 an agency level for the preparedness efforts of the Office for Domestic 

5 Preparedness; 

6 (5) providing agency-specific training for agents and analysts within 

7 the Department, other agencies, and State and local agencies and inter8 national entities; 

9 (6) as the lead executive branch agency for preparedness of the 

10 United States for acts of terrorism, cooperating closely with the Fed11 eral Emergency Management Agency, which shall have the primary re12 sponsibility within the executive branch to prepare for and mitigate the 

13 effects of nonterrorist-related disasters in the United States; 

14 (7) assisting and supporting the Secretary, in coordination with 

15 other Directorates and entities outside the Department, in conducting 

16 appropriate risk analysis and risk management activities of State, local, 

17 and tribal governments consistent with the mission and functions of the 

18 Department; 

19 (8) administering those elements of the Office of National Prepared20 ness of the Federal Emergency Management Agency that relate to ter21 rorism, which shall be consolidated in the Department in the Office for 

22 Domestic Preparedness; and 

23 (9) helping to ensure the acquisition of interoperable communication 

24 technology by State and local governments and emergency response 

25 providers. 

26 § 10324. Social media working group 

27 (a) ESTABLISHMENT.—The Secretary shall establish in the Department 

28 a social media working group (in this section referred to as the ‘‘Group’’). 

29 (b) PURPOSE.—To enhance the dissemination of information through so30 cial media technologies between the Department and appropriate stake31 holders and to improve use of social media technologies in support of pre32 paredness, response, and recovery, the Group shall identify, and provide 

33 guidance and best practices to the emergency preparedness and response 

34 community on, the use of social media technologies before, during, and after 

35 a natural disaster or an act of terrorism or other man-made disaster. 

36 (c) MEMBERSHIP.— 

37 (1) IN GENERAL.—The Group shall be composed of a cross section 

38 of subject matter experts from Federal, State, local, tribal, territorial, 

39 and nongovernmental organization practitioners, including representa40 tives from the following entities: 

41 (A) The Office of Public Affairs of the Department. 


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1 (B) The Office of the Chief Information Officer of the Depart2 ment. 

3 (C) The Privacy Office of the Department. 

4 (D) The Federal Emergency Management Agency. 

5 (E) The Office of Disability Integration and Coordination of the 

6 Federal Emergency Management Agency. 

7 (F) The American Red Cross. 

8 (G) The Forest Service. 

9 (H) The Centers for Disease Control and Prevention. 

10 (I) The United States Geological Survey. 

11 (J) The National Oceanic and Atmospheric Administration. 

12 (2) ADDITIONAL MEMBERS.—The chairperson shall appoint, on a ro13 tating basis, qualified individuals to the Group. The total number of 

14 additional members shall— 

15 (A) be equal to or greater than the total number of regular 

16 members under paragraph (1); and 

17 (B) include— 

18 (i) not fewer than 3 representatives from the private sector; 

19 and 

20 (ii) representatives from— 

21 (I) State, local, tribal, and territorial entities, includ22 ing from— 

23 (aa) law enforcement; 

24 (bb) fire services; 

25 (cc) emergency management; and 

26 (dd) public health entities; 

27 (II) universities and academia; and 

28 (III) nonprofit disaster relief organizations. 

29 (3) TERM LIMITS.—The chairperson shall establish term limits for 

30 individuals appointed to the Group under paragraph (2). 

31 (d) CHAIRPERSON AND CO-CHAIRPERSON.— 

32 (1) CHAIRPERSON.—The Secretary, or a designee of the Secretary, 

33 shall serve as the chairperson of the Group. 

34 (2) Co-chairperson.—The chairperson shall designate, on a rotating 

35 basis, a representative from a State or local government who is a mem36 ber of the Group to serve as the co-chairperson of the Group. 

37 (e) CONSULTATION WITH PUBLIC- AND PRIVATE-SECTOR ENTITIES.—To 

38 the extent practicable, the Group shall work with public- and private-sector 

39 entities to carry out subsection (b). 

40 (f) MEETINGS.— 

41 (1) IN GENERAL.—The Group shall meet— 


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1 (A) at the call of the chairperson; and 

2 (B) not less frequently than twice each year. 

3 (2) VIRTUAL MEETINGS.—Each meeting of the Group may be held 

4 virtually. 

5 (g) REPORTS.—During each year in which the Group meets, the Group 

6 shall submit to the appropriate congressional committees a report that in7 cludes the following: 

8 (1) A review and analysis of current and emerging social media tech9 nologies being used to support preparedness and response activities re10 lated to natural disasters and acts of terrorism and other man-made 

11 disasters. 

12 (2) A review of best practices and lessons learned on the use of social 

13 media technologies during the response to natural disasters and acts 

14 of terrorism and other man-made disasters that occurred during the 

15 period covered by the report at issue. 

16 (3) Recommendations to improve the Department’s use of social 

17 media technologies for emergency management purposes. 

18 (4) Recommendations to improve public awareness of— 

19 (A) the type of information disseminated through social media 

20 technologies during a natural disaster or an act of terrorism or 

21 other man-made disaster; and 

22 (B) how to access the information. 

23 (5) A review of available training for Federal, State, local, tribal, and 

24 territorial officials on the use of social media technologies in response 

25 to a natural disaster or an act of terrorism or other man-made dis26 aster. 

27 (6) A review of coordination efforts with the private sector to discuss 

28 and resolve legal, operational, technical, privacy, and security concerns. 

29 (h) TERMINATION AND RENEWAL.— 

30 (1) IN GENERAL.—The Group shall terminate on November 5, 2020, 

31 unless the chairperson renews the Group for a successive 5-year period, 

32 prior to November 5, 2020, by submitting to the Committee on Home33 land Security and Governmental Affairs of the Senate and the Com34 mittee on Homeland Security of the House of Representatives a certifi35 cation that the continued existence of the Group is necessary to fulfill 

36 the purpose described in subsection (b). 

37 (2) CONTINUED RENEWAL.—The chairperson may continue to renew 

38 the Group for successive 5-year periods by submitting a certification in 

39 accordance with paragraph (1) prior to the date on which the Group 

40 would otherwise terminate. 


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1 § 10325. Office of Strategy, Policy, and Plans 

2 (a) ESTABLISHMENT.—There is in the Department an Office of Strategy, 

3 Policy, and Plans. The Under Secretary for Strategy, Policy, and Plans is 

4 the head of the Office. The Under Secretary is appointed by the President, 

5 by and with the advice and consent of the Senate. 

6 (b) DEPUTY UNDER SECRETARY.— 

7 (1) DEFINITIONS.—For purposes of paragraph (2): 

8 (A) CAREER EMPLOYEE.—The term ‘‘career employee’’ means 

9 an employee (as the term is defined in section 2105 of title 5) but 

10 does not include a political employee. 

11 (B) POLITICAL APPOINTEE.—The term ‘‘political employee’’ 

12 means an employee who occupies a position that has been excepted 

13 from the competitive service by reason of its confidential policy14 determining, policy-making, or policy-advocating character. 

15 (2) ESTABLISHMENT.—The Secretary may— 

16 (A) establish in the Office of Strategy, Policy, and Plans a posi17 tion of Deputy Under Secretary to support the Under Secretary 

18 for Strategy, Policy, and Plans in carry out the Under Secretary’s 

19 responsibilities; and 

20 (B) appoint a career employee to the position. 

21 (3) LIMITATION.—Except for the position provided for by paragraph 

22 (2), a Deputy Under Secretary position (or a substantially similar posi23 tion) in the Office of Strategy, Policy, and Plans may not be estab24 lished unless the Secretary receives prior authorization from Congress. 

25 Subchapter II—Functions 

26 § 10331. In general 

27 (a) FUNCTIONS VESTED IN SECRETARY.—All functions of all officers, 

28 employees, and organizational units of the Department are vested in the 

29 Secretary. 

30 (b) REORGANIZATION.— 

31 (1) IN GENERAL.—The Secretary may allocate or reallocate func32 tions among the officers of the Department, and may establish, consoli33 date, alter, or discontinue organizational units within the Department, 

34 but only after the expiration of 60 days after providing notice of the 

35 action to the appropriate congressional committees, which shall include 

36 an explanation of the rationale for the action. 

37 (2) LIMITATION.—Authority under paragraph (1) does not extend to 

38 the abolition of an agency, entity, organizational unit, program, or 

39 function established or required to be maintained by statute. 


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1 (c) PERFORMANCE OF FUNCTIONS.—Subject to the provisions of this 

2 subtitle, every officer of the Department shall perform the functions speci3 fied by law for the official’s office or prescribed by the Secretary. 

4 (d) REDELEGATION.—Unless otherwise provided in the delegation or by 

5 law, a function delegated under this subtitle may be redelegated to a subor6 dinate. 

7 (e) GENERAL FUNCTIONS OF SECRETARY.—The Secretary— 

8 (1) except as otherwise provided by this subtitle, may delegate any 

9 of the Secretary’s functions to an officer, employee, or organizational 

10 unit of the Department; 

11 (2) shall have the authority to make contracts, grants, and coopera12 tive agreements, and to enter into agreements with other executive 

13 agencies, as may be necessary and proper to carry out the Secretary’s 

14 responsibilities under this subtitle or otherwise provided by law; 

15 (3) shall take reasonable steps to ensure that information systems 

16 and databases of the Department are compatible with each other and 

17 with appropriate databases of other Departments; 

18 (4) shall ensure that there is effective and ongoing coordination of 

19 Federal efforts to prevent, prepare for, and respond to acts of ter20 rorism and other major disasters and emergencies among the divisions 

21 of the Department, including the Office for State and Local Govern22 ment Coordination; 

23 (5) shall ensure that the Department complies with the protections 

24 for human research subjects, as described in part 46 of title 45, Code 

25 of Federal Regulations, or in equivalent regulations as promulgated by 

26 the Secretary, with respect to research that is conducted or supported 

27 by the Department; and 

28 (6) has the same authorities that the Secretary of Transportation 

29 has with respect to the Department of Transportation under section 

30 324 of title 49. 

31 (f) REGULATORY AUTHORITY.— 

32 (1) VESTING AND TRANSFER OF AUTHORITY.—Except as otherwise 

33 provided in sections 10622(c) and 10705(c) of this title and section 

34 1315(c) of title 40, this subtitle— 

35 (A) does not vest new regulatory authority in the Secretary or 

36 another Federal official; and 

37 (B) transfers to the Secretary or another Federal official only 

38 the regulatory authority that— 

39 (i) existed on November 25, 2002, in an agency, program, 

40 or function transferred to the Department pursuant to the 


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1 Homeland Security Act of 2002 (Public Law 107–296, 116 

2 Stat. 2135); or 

3 (ii) on November 25, 2002, was exercised by another offi4 cial of the executive branch with respect to the transferred 

5 agency, program, or function. 

6 (2) RESTRICTION ON EXERCISE OF TRANSFERRED AUTHORITY.— 

7 Transferred authority may not be exercised by an official from whom 

8 it is transferred on transfer of the agency, program, or function to the 

9 Secretary or another Federal official pursuant to the Homeland Secu10 rity Act of 2002 (Public Law 107–296, 116 Stat. 2135). 

11 (3) ALTERATION OR DIMINUTION OF AUTHORITY.—The Homeland 

12 Security Act of 2002 (Public Law 107–296, 116 Stat. 2135) may not 

13 be construed as altering or diminishing the regulatory authority of an14 other executive agency, except to the extent that the Act transfers the 

15 authority from the agency. 

16 (g) PREEMPTION OF STATE OR LOCAL LAW.—Except as otherwise pro17 vided in this subtitle, this subtitle preempts no State or local law, except 

18 that authority to preempt State or local law vested in a Federal agency or 

19 official transferred to the Department pursuant to the Homeland Security 

20 Act of 2002 (Public Law 107–296, 116 Stat. 2135) shall be transferred to 

21 the Department, effective on the date of the transfer to the Department of 

22 that Federal agency or official. 

23 (h) COORDINATION WITH NON-FEDERAL ENTITIES.—With respect to 

24 homeland security, the Secretary shall coordinate through the Office for 

25 State and Local Government Coordination (including the provision of train26 ing and equipment) with State and local government personnel, agencies, 

27 and authorities, with the private sector, and with other entities, including 

28 by— 

29 (1) coordinating with State and local government personnel, agen30 cies, and authorities, and with the private sector, to ensure adequate 

31 planning, equipment, training, and exercise activities; 

32 (2) coordinating and, as appropriate, consolidating, the Federal Gov33 ernment’s communications and systems of communications relating to 

34 homeland security with State and local government personnel, agencies, 

35 and authorities, the private sector, other entities, and the public; and 

36 (3) distributing or, as appropriate, coordinating the distribution of 

37 warnings and information to State and local government personnel, 

38 agencies, and authorities and to the public. 

39 (i) MEETINGS OF NATIONAL SECURITY COUNCIL.—The Secretary may, 

40 subject to the direction of the President, attend and participate in meetings 

41 of the National Security Council. 


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1 (j) ISSUANCE OF REGULATIONS.—The issuance of regulations by the Sec2 retary shall be governed by the provisions of chapter 5 of title 5, except as 

3 specifically provided in this subtitle, in laws granting regulatory authorities 

4 that are transferred by this subtitle, and in laws enacted after November 

5 25, 2002. 

6 (k) STANDARDS POLICY.—All standards activities of the Department 

7 shall be conducted in accordance with section 12(d) of the National Tech8 nology Transfer and Advancement Act of 1995 (15 U.S.C. 272 note) and 

9 Office of Management and Budget Circular A-119. 

10 § 10332. Trade and customs revenue functions 

11 (a) SUBTITLE III DEFINITIONS APPLY.—A term used in this section that 

12 is defined in section 30101 of this title has the meaning given the term in 

13 section 30101. 

14 (b) TRADE AND CUSTOMS REVENUE FUNCTIONS.— 

15 (1) DESIGNATION OF APPROPRIATE OFFICIAL.—The Secretary shall 

16 designate an appropriate senior official in the Office of the Secretary 

17 who shall— 

18 (A) ensure that the trade and customs revenue functions of the 

19 Department are coordinated within the Department and with 

20 other Federal departments and agencies, and that the impact on 

21 legitimate trade is taken into account in an action impacting the 

22 functions; and 

23 (B) monitor and report to Congress on the Department man24 date to ensure that the trade and customs revenue functions of the 

25 Department are not diminished, including how spending, oper26 ations, and personnel related to these functions have kept pace 

27 with the level of trade entering the United States. 

28 (2) DIRECTOR OF TRADE POLICY.—There is in the Department a Di29 rector of Trade Policy (in this subsection referred to as the ‘‘Direc30 tor’’), who shall be subject to the direction and control of the official 

31 designated under paragraph (1). The Director shall— 

32 (A) advise the official designated under paragraph (1) regarding 

33 all aspects of Department policies relating to the trade and cus34 toms revenue functions of the Department; 

35 (B) coordinate the development of Department-wide policies re36 garding trade and customs revenue functions and trade facilita37 tion; and 

38 (C) coordinate the trade and customs revenue-related policies of 

39 the Department with the policies of other Federal departments 

40 and agencies. 

41 (c) CONSULTATION ON TRADE AND CUSTOMS REVENUE FUNCTIONS.— 


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1 (1) BUSINESS COMMUNITY CONSULTATIONS.—The Secretary shall 

2 consult with representatives of the business community involved in 

3 international trade, including seeking the advice and recommendations 

4 of the Commercial Operations Advisory Committee, on Department 

5 policies and actions that have a significant impact on international 

6 trade and customs revenue functions. 

7 (2) CONGRESSIONAL CONSULTATION AND NOTIFICATION.— 

8 (A) IN GENERAL.—Subject to subparagraph (B), the Secretary 

9 shall notify the appropriate congressional committees not later 

10 than 30 days prior to the finalization of Department policies, ini11 tiatives, or actions that will have a major impact on trade and cus12 toms revenue functions. The notifications shall include a descrip13 tion of the proposed policies, initiatives, or actions and any com14 ments or recommendations provided by the Commercial Operations 

15 Advisory Committee and other relevant groups regarding the pro16 posed policies, initiatives, or actions. 

17 (B) EXCEPTION.—If the Secretary determines that it is impor18 tant to the national security interest of the United States to final19 ize any Department policies, initiatives, or actions prior to the 

20 consultation described in subparagraph (A), the Secretary shall— 

21 (i) notify and provide any recommendations of the Com22 mercial Operations Advisory Committee received to the appro23 priate congressional committees not later than 45 days after 

24 the date on which the policies, initiatives, or actions are final25 ized; and 

26 (ii) to the extent appropriate, modify the policies, initia27 tives, or actions based upon the consultations with the appro28 priate congressional committees. 

29 (d) NOTIFICATION OF REORGANIZATION OF CUSTOMS REVENUE FUNC30 TIONS.— 

31 (1) IN GENERAL.—Not less than 45 days prior to a change in the 

32 organization of any of the customs revenue functions of the Depart33 ment, the Secretary shall notify the Committee on Appropriations, the 

34 Committee on Finance, and the Committee on Homeland Security and 

35 Governmental Affairs of the Senate, and the Committee on Appropria36 tions, the Committee on Homeland Security, and the Committee on 

37 Ways and Means of the House of Representatives of the specific assets, 

38 functions, or personnel to be transferred as part of the reorganization, 

39 and the reason for the transfer. The notification shall also include— 

40 (A) an explanation of how trade enforcement functions will be 

41 impacted by the reorganization; 


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1 (B) an explanation of how the reorganization meets the require2 ments of section 10912(b) of this title that the Department not 

3 diminish the customs revenue and trade facilitation functions for4 merly performed by the United States Customs Service; and 

5 (C) any comments or recommendations provided by the Com6 mercial Operations Advisory Committee regarding the reorganiza7 tion. 

8 (2) ANALYSIS.—A congressional committee referred to in paragraph 

9 (1) may request that the Commercial Operations Advisory Committee 

10 provide a report to the committee analyzing the impact of the reorga11 nization and providing any recommendations for modifying the reorga12 nization. 

13 (3) REPORT.—Not later than 1 year after a reorganization referred 

14 to in paragraph (1) takes place, the Secretary, in consultation with the 

15 Commercial Operations Advisory Committee, shall submit a report to 

16 the Committee on Finance of the Senate and the Committee on Ways 

17 and Means of the House of Representatives. The report shall include 

18 an assessment of the impact of, and any suggested modifications to, 

19 the reorganization. 

20 § 10333. Military activities 

21 Nothing in this subtitle shall confer upon the Secretary authority to en22 gage in warfighting, the military defense of the United States, or other mili23 tary activities, nor shall anything in this subtitle limit the existing authority 

24 of the Department of Defense or the armed forces to engage in warfighting, 

25 the military defense of the United States, or other military activities. 

26 § 10334. Sensitive Security Information 

27 (a) IN GENERAL.—The Secretary shall provide that each office in the De28 partment that handles documents marked as Sensitive Security Information 

29 (in this section referred to as ‘‘SSI’’) has at least 1 employee with authority 

30 to coordinate and make determinations on behalf of the Department that 

31 the documents meet the criteria for marking as SSI. 

32 (b) REPORT.—The Secretary shall, not later than January 31 each year, 

33 provide a report to the Committees on Appropriations of the Senate and the 

34 House of Representatives on the titles of all Department documents that 

35 are designated as SSI in their entirety during the period of January 1 

36 through December 31 for the preceding year. 

37 (c) GUIDANCE ON INDIVIDUAL CATEGORIES OF SSI INFORMATION.— 

38 (1) IN GENERAL.—The Secretary shall promulgate guidance that in39 cludes common but extensive examples of SSI that further define the 

40 individual categories of information cited under 49 CFR 1520(b)(1) 


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1 through (16) and that eliminates judgment by covered individuals in 

2 the application of the SSI marking. 

3 (2) PURPOSE OF GUIDANCE.—The guidance shall serve as the pri4 mary basis and authority for the marking of Departmental information 

5 as SSI by covered individuals. 

6 Subchapter III—Acquisitions 

7 § 10341. Personal services 

8 The Secretary— 

9 (1) may procure the temporary or intermittent services of experts or 

10 consultants (or organizations thereof) under section 3109 of title 5; 

11 and 

12 (2) may, whenever necessary due to an urgent homeland security 

13 need, procure temporary (not to exceed 1 year) or intermittent personal 

14 services, including the services of experts or consultants (or organiza15 tions thereof), without regard to the pay limitations of section 3109. 

16 § 10342. Prohibition on contracts with corporate expatriates 

17 (a) DEFINITIONS AND SPECIAL RULES.— 

18 (1) DEFINITIONS.—In this section: 

19 (A) DOMESTIC.—The term ‘‘domestic’’ has the meaning given 

20 the term in section 7701(a)(4) of the Internal Revenue Code of 

21 1986 (26 U.S.C. 7701(a)(4)). 

22 (B) EXPANDED AFFILIATED GROUP.—The term ‘‘expanded af23 filiated group’’ means an affiliated group as defined in section 

24 1504(a) of the Internal Revenue Code of 1986 (26 U.S.C. 

25 1504(a)) (without regard to section 1504(b) of the Code (26 

26 U.S.C. 1504(b))), except that section 1504 of the Code (26 U.S.C. 

27 1504) shall be applied by substituting ‘‘more than 50 percent’’ for 

28 ‘‘at least 80 percent’’ each place it appears. 

29 (C) FOREIGN.—The term ‘‘foreign’’ has the meaning given the 

30 term in section 7701(a)(5) of the Internal Revenue Code of 1986 

31 (26 U.S.C. 7701(a)(5)). 

32 (D) FOREIGN INCORPORATED ENTITY.—The term ‘‘foreign in33 corporated entity’’ means an entity that is, or but for subsection 

34 (c) would be, treated as a foreign corporation for purposes of the 

35 Internal Revenue Code of 1986 (26 U.S.C. 1 et seq.). 

36 (E) PERSON.—The term ‘‘person’’ has the meaning given the 

37 term in section 7701(a)(1) of the Internal Revenue Code of 1986 

38 (26 U.S.C. 7701(a)(1)). 

39 (2) RULES FOR APPLICATION OF SUBSECTION (C).—In applying sub40 section (c) for purposes of subsection (b), the following rules apply: 


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1 (A) CERTAIN STOCK DISREGARDED.—There shall not be taken 

2 into account in determining ownership for purposes of subsection 

3 (c)(2)— 

4 (i) stock held by members of the expanded affiliated group 

5 which includes the foreign incorporated entity; or 

6 (ii) stock of the entity which is sold in a public offering re7 lated to the acquisition described in subsection (c)(1). 

8 (B) PLAN DEEMED IN CERTAIN CASES.—If a foreign incor9 porated entity acquires directly or indirectly substantially all of the 

10 properties of a domestic corporation or partnership during the 4- 

11 year period beginning on the date which is 2 years before the own12 ership requirements of subsection (c)(2) are met, these actions 

13 shall be treated as pursuant to a plan. 

14 (C) CERTAIN TRANSFERS DISREGARDED.—The transfer of prop15 erties or liabilities (including by contribution or distribution) shall 

16 be disregarded if the transfers are part of a plan a principal pur17 pose of which is to avoid the purposes of this section. 

18 (D) SPECIAL RULE FOR RELATED PARTNERSHIPS.—For pur19 poses of applying subsection (c) to the acquisition of a domestic 

20 partnership, except as provided in regulations, all domestic part21 nerships that are under common control (within the meaning of 

22 section 482 of the Internal Revenue Code of 1986 (26 U.S.C. 

23 482)) shall be treated as one partnership. 

24 (E) TREATMENT OF CERTAIN RIGHTS.—The Secretary shall 

25 prescribe regulations necessary to— 

26 (i) treat warrants, options, contracts to acquire stock, con27 vertible debt instruments, and other similar interests as stock; 

28 and 

29 (ii) treat stock as not stock. 

30 (b) IN GENERAL.—The Secretary may not enter into a contract with a 

31 foreign incorporated entity that is treated as an inverted domestic corpora32 tion under subsection (c), or a subsidiary of the entity. 

33 (c) INVERTED DOMESTIC CORPORATION.—For purposes of this section, 

34 a foreign incorporated entity shall be treated as an inverted domestic cor35 poration if, pursuant to a plan (or a series of related transactions)— 

36 (1) the entity completes before, on, or after November 25, 2002, the 

37 direct or indirect acquisition of substantially all of the properties held 

38 directly or indirectly by a domestic corporation or substantially all of 

39 the properties constituting a trade or business of a domestic partner40 ship; 


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1 (2) after the acquisition at least 80 percent of the stock (by vote or 

2 value) of the entity is held— 

3 (A) in the case of an acquisition with respect to a domestic cor4 poration, by former shareholders of the domestic corporation by 

5 reason of holding stock in the domestic corporation; or 

6 (B) in the case of an acquisition with respect to a domestic 

7 partnership, by former partners of the domestic partnership by 

8 reason of holding a capital or profits interest in the domestic part9 nership; and 

10 (3) the expanded affiliated group which after the acquisition includes 

11 the entity does not have substantial business activities in the foreign 

12 country in which or under the law of which the entity is created or or13 ganized when compared to the total business activities of the expanded 

14 affiliated group. 

15 (d) WAIVERS.—The Secretary shall waive subsection (b) with respect to 

16 a specific contract if the Secretary determines that the waiver is required 

17 in the interest of national security. 

18 § 10343. Lead system integrator; financial interests 

19 (a) IN GENERAL.—With respect to contracts entered into after July 1, 

20 2007, and except as provided in subsection (b), no entity performing lead 

21 system integrator functions in the acquisition of a major system by the De22 partment may have a direct financial interest in the development or con23 struction of an individual system or element of a system of systems. 

24 (b) EXCEPTION.—An entity described in subsection (a) may have a direct 

25 financial interest in the development or construction of an individual system 

26 or element of a system of systems if— 

27 (1) the Secretary certifies to the Committees on Appropriations of 

28 the Senate and the House of Representatives, the Committee on Home29 land Security of the House of Representatives, the Committee on 

30 Transportation and Infrastructure of the House of Representatives, the 

31 Committee on Homeland Security and Governmental Affairs of the 

32 Senate, and the Committee on Commerce, Science and Transportation 

33 of the Senate that— 

34 (A) the entity was selected by the Department as a contractor 

35 to develop or construct the system or element concerned through 

36 the use of competitive procedures; and 

37 (B) the Department took appropriate steps to prevent an orga38 nizational conflict of interest in the selection process; or 

39 (2) the entity was selected by a subcontractor to serve as a lower40 tier subcontractor, through a process over which the entity exercised 

41 no control. 


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1 (c) CONSTRUCTION.—Nothing in this section shall be construed to pre2 clude an entity described in subsection (a) from performing work necessary 

3 to integrate two or more individual systems or elements of a system of sys4 tems with each other. 

5 (d) REGULATIONS UPDATE.—The Secretary shall update the acquisition 

6 regulations of the Department to specify fully in the regulations the matters 

7 with respect to lead system integrators set forth in this section. The regula8 tions shall include— 

9 (1) a precise and comprehensive definition of the term ‘‘lead system 

10 integrator’’, modeled after that used by the Department of Defense; 

11 and 

12 (2) a specification of various types of contracts and fee structures 

13 that are appropriate for use by lead system integrators in the produc14 tion, fielding, and sustainment of complex systems. 

15 Subchapter IV—Human Resources 

16 Management 

17 § 10351. Establishment of human resources management 

18 system 

19 (a) POSITIONS COMPENSATED IN ACCORDANCE WITH EXECUTIVE

20 SCHEDULE.—A person who, on the day preceding the person’s date of 

21 transfer pursuant to the Homeland Security Act of 2002 (Public Law 107– 

22 296, 116 Stat. 2135), held a position compensated in accordance with the 

23 Executive Schedule prescribed in chapter 53 of title 5, and who, without a 

24 break in service, is appointed in the Department to a position having duties 

25 comparable to the duties performed immediately preceding the appointment 

26 shall continue to be compensated in the new position at not less than the 

27 rate provided for the position, for the duration of the service of the person 

28 in the new position. 

29 (b) COORDINATION RULE.—An exercise of authority under chapter 97 of 

30 title 5, including under a system established under that chapter, shall be 

31 in conformance with the requirements of this section. 

32 § 10352. Labor-management relations 

33 (a) LIMITATION ON EXCLUSIONARY AUTHORITY.— 

34 (1) IN GENERAL.—An agency or subdivision of an agency transferred 

35 to the Department pursuant to the Homeland Security Act of 2002 

36 (Public Law 107–296, 116 Stat. 2135) shall not be excluded from the 

37 coverage of chapter 71 of title 5, as a result of an order issued under 

38 section 7103(b)(1) of title 5 after June 18, 2002, unless— 

39 (A) the mission and responsibilities of the agency (or subdivi40 sion) materially change; and 


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1 (B) a majority of the employees in the agency (or subdivision) 

2 have as their primary duty intelligence, counterintelligence, or in3 vestigative work directly related to terrorism investigation. 

4 (2) EXCLUSIONS ALLOWABLE.—Nothing in paragraph (1) shall af5 fect the effectiveness of an order to the extent that the order excludes 

6 a portion of an agency or subdivision of an agency as to which— 

7 (A) recognition as an appropriate unit has never been conferred 

8 for purposes of chapter 71 of title 5; or 

9 (B) recognition has been revoked or otherwise terminated as a 

10 result of a determination under subsection (b)(1). 

11 (b) PROVISIONS RELATING TO BARGAINING UNITS.— 

12 (1) LIMITATION RELATING TO APPROPRIATE UNITS.—Each unit rec13 ognized as an appropriate unit for purposes of chapter 71 of title 5, 

14 as of January 23, 2003 (and a subdivision of a unit), shall, if the unit 

15 (or subdivision) is transferred to the Department pursuant to the 

16 Homeland Security Act of 2002 (Public Law 107–296, 116 Stat. 

17 2135), continue to be so recognized for those purposes, unless— 

18 (A) the mission and responsibilities of the unit (or subdivision) 

19 materially change; and 

20 (B) a majority of the employees within the unit (or subdivision) 

21 have as their primary duty intelligence, counterintelligence, or in22 vestigative work directly related to terrorism investigation. 

23 (2) LIMITATION RELATING TO POSITIONS OR EMPLOYEES.—A posi24 tion or employee within a unit (or subdivision of a unit) as to which 

25 continued recognition is given under paragraph (1) shall not be ex26 cluded from the unit (or subdivision), for purposes of chapter 71 of 

27 title 5, unless the primary job duty of the position or employee— 

28 (A) consists of intelligence, counterintelligence, or investigative 

29 work directly related to terrorism investigation; and 

30 (B) materially changes (in the case of a position within a unit 

31 (or subdivision) that is first established before January 24, 2003, 

32 or to which the employee is first appointed before that date). 

33 (c) WAIVER.—If the President determines that the application of sub34 sections (a), (b), and (d) would have a substantial adverse impact on the 

35 ability of the Department to protect homeland security, the President may 

36 waive the application of the subsections 10 days after the President has sub37 mitted to Congress a written explanation of the reasons for the determina38 tion. 

39 (d) COORDINATION RULE.—No other provision of this subtitle or the 

40 Homeland Security Act of 2002 (Public Law 107–296, 116 Stat. 2135), or 

41 of an amendment made by the Act, may be construed or applied in a manVerDate Sep 11 2014 18:05 Jun 12, 2018 Jkt 079200 PO 00000 Frm 00041 Fmt 6652 Sfmt 6221 E:\BILLS\H6063.IH H6063

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1 ner so as to limit, supersede, or otherwise affect the provisions of this sec2 tion, except to the extent that it does so by specific reference to this section. 

3 (e) RULE OF CONSTRUCTION.—Nothing in section 9701(e) of title 5 shall 

4 be considered to apply with respect to an agency or subdivision of an agen5 cy, which is excluded from the coverage of chapter 71 of title 5 by virtue 

6 of an order issued under section 7103(b) of the title and the preceding pro7 visions of this section (as applicable), or to an employee of the agency or 

8 subdivision or to an individual or entity representing the employees or rep9 resentatives thereof. 

10 § 10353. Use of counternarcotics enforcement activities in 

11 certain employee performance appraisals 

12 (a) DEFINITIONS.—In this section: 

13 (1) NATIONAL DRUG CONTROL PROGRAM AGENCY.—The term ‘‘Na14 tional Drug Control Program agency’’ means— 

15 (A) a National Drug Control Program agency, as defined in sec16 tion 702 of the Office of National Drug Control Policy Reauthor17 ization Act of 1998 (21 U.S.C. 1701); and 

18 (B) a subdivision of the Department that has a significant coun19 ternarcotics responsibility, as determined by— 

20 (i) the counternarcotics officer, appointed under section 

21 10316 of this title; or 

22 (ii) if applicable, the counternarcotics officer’s successor in 

23 function (as determined by the Secretary). 

24 (2) PERFORMANCE APPRAISAL SYSTEM.—The term ‘‘performance 

25 appraisal system’’ means a system under which periodic appraisals of 

26 job performance of employees are made, whether under chapter 43 of 

27 title 5, or otherwise. 

28 (b) IN GENERAL.—Each subdivision of the Department that is a National 

29 Drug Control Program agency shall include as one of the criteria in its per30 formance appraisal system, for each employee directly or indirectly involved 

31 in the enforcement of Federal, State, or local narcotics laws, the perform32 ance of that employee with respect to the enforcement of Federal, State, or 

33 local narcotics laws, relying to the greatest extent practicable on objective 

34 performance measures, including— 

35 (1) the contribution of that employee to seizures of narcotics and ar36 rests of violators of Federal, State, or local narcotics laws; and 

37 (2) the degree to which that employee cooperated with or contributed 

38 to the efforts of other employees, either in the Department or other 

39 Federal, State, or local agencies, in counternarcotics enforcement. 


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1 § 10354. Compliance with laws protecting equal employment 

2 opportunity and providing whistleblower protec3 tions 

4 Nothing in this subtitle shall be construed as exempting the Department 

5 from requirements applicable with respect to executive agencies— 

6 (1) to provide equal employment protection for employees of the De7 partment (including under section 2302(b)(1) of title 5 and the Notifi8 cation and Federal Employee Antidiscrimination and Retaliation Act of 

9 2002 (Public Law 107–174, 5 U.S.C. 2301 note)); or 

10 (2) to provide whistleblower protections for employees of the Depart11 ment (including under paragraphs (8) and (9) of section 2302(b) of 

12 title 5 and the Notification and Federal Employee Antidiscrimination 

13 and Retaliation Act of 2002 (Public Law 107–174, 5 U.S.C. 2301 

14 note)). 

15 § 10355. Use of protective equipment or measures by em16 ployees 

17 No funds may be used to propose or effect a disciplinary or adverse ac18 tion, with respect to any Department employee who engages regularly with 

19 the public in the performance of his or her official duties, solely because 

20 that employee elects to utilize protective equipment or measures, including 

21 surgical masks, N95 respirators, gloves, or hand-sanitizers, where use of the 

22 equipment or measures is in accord with Department policy, and Centers 

23 for Disease Control and Prevention and Office of Personnel Management 

24 guidance. 

25 § 10356. Homeland Security Rotation Program 

26 (a) ESTABLISHMENT.—The Secretary shall establish the Homeland Secu27 rity Rotation Program (in this section referred to as the ‘‘Rotation Pro28 gram’’) for employees of the Department. The Rotation Program shall use 

29 applicable best practices, including those from the Chief Human Capital Of30 ficers Council. 

31 (b) GOALS.—The Rotation Program established by the Secretary shall— 

32 (1) be established in accordance with the Human Capital Strategic 

33 Plan of the Department; 

34 (2) provide middle and senior level employees in the Department the 

35 opportunity to broaden their knowledge through exposure to other com36 ponents of the Department; 

37 (3) expand the knowledge base of the Department by providing for 

38 rotational assignments of employees to other components; 

39 (4) build professional relationships and contacts among the employ40 ees in the Department; 


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1 (5) invigorate the workforce with exciting and professionally reward2 ing opportunities; 

3 (6) incorporate Department human capital strategic plans and activi4 ties, and address critical human capital deficiencies, recruitment and 

5 retention efforts, and succession planning in the Federal workforce of 

6 the Department; and 

7 (7) complement and incorporate (but not replace) rotational pro8 grams in the Department in effect on October 4, 2006. 

9 (c) ADMINISTRATION.— 

10 (1) IN GENERAL.—The Chief Human Capital Officer shall admin11 ister the Rotation Program. 

12 (2) RESPONSIBILITIES.—The Chief Human Capital Officer shall— 

13 (A) provide oversight of the establishment and implementation 

14 of the Rotation Program; 

15 (B) establish a framework that supports the goals of the Rota16 tion Program and promotes cross-disciplinary rotational opportuni17 ties; 

18 (C) establish eligibility for employees to participate in the Rota19 tion Program and select participants from employees who apply; 

20 (D) establish incentives for employees to participate in the Ro21 tation Program, including promotions and employment pref22 erences; 

23 (E) ensure that the Rotation Program provides professional 

24 education and training; 

25 (F) ensure that the Rotation Program develops qualified em26 ployees and future leaders with broad-based experience throughout 

27 the Department; 

28 (G) provide for greater interaction among employees in compo29 nents of the Department; and 

30 (H) coordinate with rotational programs in the Department in 

31 effect on October 4, 2006. 

32 (d) ALLOWANCES, PRIVILEGES, AND BENEFITS.—All allowances, privi33 leges, rights, seniority, and other benefits of employees participating in the 

34 Rotation Program shall be preserved. 

35 § 10357. Homeland Security Education Program 

36 (a) ESTABLISHMENT.—The Secretary, acting through the Administrator 

37 of the Federal Emergency Management Agency, shall establish a graduate38 level Homeland Security Education Program in the National Capital Region 

39 to provide educational opportunities to senior Federal officials and selected 

40 State and local officials with homeland security and emergency management 


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1 responsibilities. The Administrator shall appoint an individual to administer 

2 the activities under this section. 

3 (b) LEVERAGING OF EXISTING RESOURCES.—To maximize efficiency and 

4 effectiveness in carrying out the Homeland Security Education Program, 

5 the Administrator shall use existing Department-reviewed Master’s Degree 

6 curricula in homeland security, including curricula pending accreditation, to7 gether with associated learning materials, quality assessment tools, digital 

8 libraries, exercise systems, and other educational facilities, including the Na9 tional Domestic Preparedness Consortium, the National Fire Academy, and 

10 the Emergency Management Institute. The Administrator may develop addi11 tional educational programs, as appropriate. 

12 (c) STUDENT ENROLLMENT.— 

13 (1) SOURCES.—The student body of the Homeland Security Edu14 cation Program shall include officials from Federal, State, local, and 

15 tribal governments, and from other sources designated by the Adminis16 trator. 

17 (2) ENROLLMENT PRIORITIES AND SELECTION CRITERIA.—The Ad18 ministrator shall establish policies governing student enrollment prior19 ities and selection criteria that are consistent with the mission of the 

20 Homeland Security Education Program. 

21 (3) DIVERSITY.—The Administrator shall take reasonable steps to 

22 ensure that the student body represents racial, gender, and ethnic di23 versity. 

24 (d) SERVICE COMMITMENT.— 

25 (1) IN GENERAL.—Before an employee selected for the Homeland 

26 Security Education Program may be assigned to participate in the pro27 gram, the employee shall agree in writing— 

28 (A) to continue in the service of the agency sponsoring the em29 ployee during the 2-year period beginning on the date on which 

30 the employee completes the program, unless the employee is invol31 untarily separated from the service of that agency for reasons 

32 other than a reduction in force; and 

33 (B) to pay to the Government the amount of the additional ex34 penses incurred by the Government in connection with the employ35 ee’s education if the employee is voluntarily separated from the 

36 service of the agency before the end of the period described in sub37 paragraph (A). 

38 (2) PAYMENT OF EXPENSES.— 

39 (A) EXEMPTION.—An employee who leaves the service of the 

40 sponsoring agency to enter into the service of another agency in 

41 any branch of the Government shall not be required to make a 


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1 payment under paragraph (1)(B), unless the head of the agency 

2 that sponsored the education of the employee notifies that em3 ployee before the date on which the employee enters the service 

4 of the other agency that payment is required under that para5 graph. 

6 (B) AMOUNT OF PAYMENT.—If an employee is required to make 

7 a payment under paragraph (1)(B), the agency that sponsored the 

8 education of the employee shall determine the amount of the pay9 ment, except that the amount may not exceed the pro rata share 

10 of the expenses incurred for the time remaining in the 2-year pe11 riod. 

12 (3) RECOVERY OF PAYMENT.—If an employee who is required to 

13 make a payment under this subsection does not make the payment, a 

14 sum equal to the amount of the expenses incurred by the Government 

15 for the education of that employee is recoverable by the Government 

16 from the employee or his estate by— 

17 (A) setoff against accrued pay, compensation, amount of retire18 ment credit, or other amount due the employee from the Govern19 ment; or 

20 (B) another method provided by law for the recovery of amounts 

21 owing to the Government. 

22 Subchapter V—Cybersecurity 

23 § 10371. Workforce assessment and strategy 

24 (a) DEFINITIONS.—In this section: 

25 (1) CYBERSECURITY CATEGORY.—The term ‘‘Cybersecurity Cat26 egory’’ means a position’s or incumbent’s primary work function involv27 ing cybersecurity, which is further defined by Specialty Area. 

28 (2) SPECIALTY AREA.—The term ‘‘Specialty Area’’ means any of the 

29 common types of cybersecurity work as recognized by the National Ini30 tiative for Cybersecurity Education’s National Cybersecurity Workforce 

31 Framework report. 

32 (b) WORKFORCE ASSESSMENT.—Not later than 180 days after December 

33 18, 2014, and annually afterwards for 3 years, the Secretary shall assess 

34 the cybersecurity workforce of the Department. The assessment shall in35 clude, at a minimum— 

36 (1) an assessment of the readiness and capacity of the workforce of 

37 the Department to meet its cybersecurity mission; 

38 (2) information on where cybersecurity workforce positions are lo39 cated in the Department; 

40 (3) information on which cybersecurity workforce positions are— 

41 (A) performed by— 


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1 (i) permanent full-time equivalent employees of the Depart2 ment, including, to the greatest extent practicable, demo3 graphic information about the employees; 

4 (ii) independent contractors; and 

5 (iii) individuals employed by other Federal agencies, includ6 ing the National Security Agency; or 

7 (B) vacant; and 

8 (4) information on– 

9 (A) the percentage of individuals in each Cybersecurity Category 

10 and Specialty Area who received essential training to perform their 

11 jobs; and 

12 (B) in cases in which that essential training was not received, 

13 what challenges, if any, were encountered with respect to the pro14 vision of the essential training. 

15 (c) WORKFORCE STRATEGY.— 

16 (1) ESTABLISHMENT, MAINTENANCE, AND UPDATES.—The Secretary 

17 shall— 

18 (A) develop a comprehensive workforce strategy to enhance the 

19 readiness, capacity, training, recruitment, and retention of the cy20 bersecurity workforce of the Department; and 

21 (B) maintain and, as necessary, update the comprehensive 

22 workforce strategy developed under subparagraph (A). 

23 (2) CONTENTS.—The comprehensive workforce strategy developed 

24 under paragraph (1) shall include a description of— 

25 (A) a multi-phased recruitment plan, including with respect to 

26 experienced professionals, members of disadvantaged or under27 served communities, the unemployed, and veterans; 

28 (B) a 5-year implementation plan; 

29 (C) a 10-year projection of the cybersecurity workforce needs of 

30 the Department; 

31 (D) any obstacle impeding the hiring and development of a cy32 bersecurity workforce in the Department; and 

33 (E) any gap in the existing cybersecurity workforce of the De34 partment and a plan to fill the gap. 

35 (d) UPDATES.—The Secretary shall submit to the appropriate congres36 sional committees annual updates on— 

37 (1) the cybersecurity workforce assessment required under subsection 

38 (b); and 

39 (2) the progress of the Secretary in carrying out the comprehensive 

40 workforce strategy required to be developed under subsection (c). 


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1 § 10372. Homeland Workforce Measurement Initiative 

2 (a) DEFINITIONS.—In this section: 

3 (1) APPROPRIATE CONGRESSIONAL COMMITTEES.—The term ‘‘appro4 priate congressional committees’’ means— 

5 (A) the Committee on Homeland Security and Governmental 

6 Affairs of the Senate; 

7 (B) the Committee on Homeland Security of the House of Rep8 resentatives; and 

9 (C) the Committee on House Administration of the House of 

10 Representatives. 

11 (2) CYBERSECURITY WORK CATEGORY; DATA ELEMENT CODE; SPE12 CIALTY AREA.—The terms ‘‘Cybersecurity Work Category’’, ‘‘Data Ele13 ment Code’’, and ‘‘Specialty Area’’ have the same meanings given the 

14 terms in the Office of Personnel Management’s Guide to Data Stand15 ards. 

16 (3) DIRECTOR.—-The term ‘‘Director’’ means the Director of the Of17 fice of Personnel Management. 

18 (b) NATIONAL CYBERSECURITY WORKFORCE MEASUREMENT INITIA19 TIVE.— 

20 (1) IN GENERAL.—The Secretary shall— 

21 (A) identify all cybersecurity workforce positions in the Depart22 ment; 

23 (B) determine the primary Cybersecurity Work Category and 

24 Specialty Area of those positions; and 

25 (C) assign the corresponding Data Element Code, as set forth 

26 in the Office of Personnel Management’s Guide to Data Standards 

27 that is aligned with the National Initiative for Cybersecurity Edu28 cation’s National Cybersecurity Workforce Framework report, in 

29 accordance with paragraph (2). 

30 (2) EMPLOYMENT CODES.— 

31 (A) PROCEDURES.—The Secretary shall establish procedures 

32 to— 

33 (i) identify open positions that include cybersecurity func34 tions (as defined in the Office of Personnel Management 

35 Guide to Data Standards); and 

36 (ii) assign the appropriate employment code to each posi37 tion, using agreed standards and definitions. 

38 (B) CODE ASSIGNMENTS.—The Secretary shall assign the ap39 propriate employment code to— 

40 (i) each employee in the Department who carries out cyber41 security functions; and 


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1 (ii) each open position in the Department that has been 

2 identified as having cybersecurity functions. 

3 (3) PROGRESS REPORT.—The Director shall submit a progress re4 port on the implementation of this subsection to the appropriate con5 gressional committees. 

6 (c) IDENTIFICATION OF CYBERSECURITY SPECIALTY AREAS OF CRITICAL

7 NEED.— 

8 (1) IN GENERAL.—Annually through 2021, the Secretary, in con9 sultation with the Director, shall— 

10 (A) identify Cybersecurity Work Categories and Specialty Areas 

11 of critical need in the Department’s cybersecurity workforce; and 

12 (B) submit a report to the Director that— 

13 (i) describes the Cybersecurity Work Categories and Spe14 cialty Areas identified under subparagraph (A); and 

15 (ii) substantiates the critical need designations. 

16 (2) GUIDANCE.—The Director shall provide the Secretary with time17 ly guidance for identifying Cybersecurity Work Categories and Spe18 cialty Areas of critical need, including— 

19 (A) current Cybersecurity Work Categories and Specialty Areas 

20 with acute skill shortages; and 

21 (B) Cybersecurity Work Categories and Specialty Areas with 

22 emerging skill shortages. 

23 (3) CYBERSECURITY CRITICAL NEEDS REPORT.—Not later than 18 

24 months after December 18, 2014, the Secretary, in consultation with 

25 the Director, shall— 

26 (A) identify Specialty Areas of critical need for cybersecurity 

27 workforce across the Department; and 

28 (B) submit a progress report on the implementation of this sub29 section to the appropriate congressional committees. 

30 (d) GOVERNMENT ACCOUNTABILITY OFFICE STATUS REPORTS.—The 

31 Comptroller General shall— 

32 (1) analyze and monitor the implementation of subsections (b) and 

33 (c); and 

34 (2) not later than 3 years after December 18, 2014, submit a report 

35 to the appropriate congressional committees that describes the status 

36 of the implementation. 

37 § 10373. Recruitment and retention 

38 (a) DEFINITIONS.—In this section 

39 (1) APPROPRIATE COMMITTEES OF CONGRESS.—The term ‘‘appro40 priate committees of Congress’’ means the Committee on Homeland Se41 curity and Governmental Affairs and the Committee on Appropriations 


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1 of the Senate and the Committee on Homeland Security and the Com2 mittee on Appropriations of the House of Representatives. 

3 (2) COLLECTIVE BARGAINING AGREEMENT.—The term ‘‘collective 

4 bargaining agreement’’ has the same meaning given that term in sec5 tion 7103(a)(8) of title 5. 

6 (3) EXCEPTED SERVICE.—The term ‘‘excepted service’’ has the same 

7 meaning given that term in section 2103 of title 5. 

8 (4) PREFERENCE ELIGIBLE.—The term ‘‘preference eligible’’ has the 

9 same meaning given that term in section 2108 of title 5. 

10 (5) QUALIFIED POSITION.—The term ‘‘qualified position’’ means a 

11 position, designated by the Secretary for the purpose of this section, 

12 in which the incumbent performs, manages, or supervises functions 

13 that execute the responsibilities of the Department relating to cyberse14 curity. 

15 (6) SENIOR EXECUTIVE SERVICE.—The term ‘‘Senior Executive 

16 Service’’ has the same meaning given that term in section 2101a of 

17 title 5. 

18 (b) GENERAL AUTHORITY OF SECRETARY.— 

19 (1) ESTABLISH POSITIONS, APPOINT PERSONNEL, AND FIX RATES OF

20 PAY.— 

21 (A) IN GENERAL.—The Secretary may— 

22 (i) establish, as positions in the excepted service, such 

23 qualified positions in the Department as the Secretary deter24 mines necessary to carry out the responsibilities of the De25 partment relating to cybersecurity, including positions for26 merly identified as— 

27 (I) senior level positions designated under section 

28 5376 of title 5; and 

29 (II) positions in the Senior Executive Service; 

30 (ii) appoint an individual to a qualified position (after tak31 ing into consideration the availability of preference eligibles 

32 for appointment to the position); and 

33 (iii) subject to the requirements of paragraphs (2) and (3), 

34 fix the compensation of an individual for service in a qualified 

35 position. 

36 (B) CONSTRUCTION WITH OTHER LAWS.—The authority of the 

37 Secretary under this subsection applies without regard to the pro38 visions of any other law relating to the appointment, number, clas39 sification, or compensation of employees. 

40 (2) BASIC PAY.— 


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1 (A) AUTHORITY TO FIX RATES OF BASIC PAY.—In accordance 

2 with this section, the Secretary shall fix the rates of basic pay for 

3 any qualified position established under paragraph (1) in relation 

4 to the rates of pay provided for employees in comparable positions 

5 in the Department of Defense and subject to the same limitations 

6 on maximum rates of pay established for those employees by law 

7 or regulation. 

8 (B) PREVAILING RATE SYSTEMS.—The Secretary may, con9 sistent with section 5341 of title 5, adopt such provisions of that 

10 title as provide for prevailing rate systems of basic pay and may 

11 apply those provisions to qualified positions for employees in or 

12 under which the Department may employ individuals described by 

13 section 5342(a)(2)(A) of title 5. 

14 (3) ADDITIONAL COMPENSATION, INCENTIVES, AND ALLOWANCES.— 

15 (A) ADDITIONAL COMPENSATION BASED ON TITLE 5 AUTHOR16 IZATION.—The Secretary may provide employees in qualified posi17 tions compensation (in addition to basic pay), including benefits, 

18 incentives, and allowances, consistent with, and not in excess of 

19 the level authorized for, comparable positions authorized by title 

20 5. 

21 (B) ALLOWANCES IN NONFOREIGN AREAS.—An employee in a 

22 qualified position whose rate of basic pay is fixed under paragraph 

23 (2)(A) is eligible for an allowance under section 5941 of title 5, 

24 on the same basis and to the same extent as if the employee was 

25 an employee covered by section 5941, including eligibility condi26 tions, allowance rates, and all other terms and conditions in law 

27 or regulation. 

28 (4) PLAN FOR EXECUTION OF AUTHORITIES.—The Secretary shall 

29 submit a report to the appropriate committees of Congress with a plan 

30 for the use of the authorities provided under this subsection. 

31 (5) COLLECTIVE BARGAINING AGREEMENTS.—Nothing in paragraph 

32 (1) may be construed to impair the continued effectiveness of a collec33 tive bargaining agreement with respect to an office, component, sub34 component, or equivalent of the Department that is a successor to an 

35 office, component, subcomponent, or equivalent of the Department cov36 ered by the agreement before the succession. 

37 (6) REQUIRED REGULATIONS.—The Secretary, in coordination with 

38 the Director of the Office of Personnel Management, shall prescribe 

39 regulations for the administration of this section. 


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1 (c) ANNUAL REPORT.—Not later than December 18, 2016, 2017, and 

2 2018, the Secretary shall submit to the appropriate committees of Congress 

3 a detailed report that— 

4 (1) discusses the process used by the Secretary in accepting applica5 tions, assessing candidates, ensuring adherence to veterans’ preference, 

6 and selecting applicants for vacancies to be filled by an individual for 

7 a qualified position; 

8 (2) describes— 

9 (A) how the Secretary plans to fulfill the critical need of the De10 partment to recruit and retain employees in qualified positions; 

11 (B) the measures that will be used to measure progress; and 

12 (C) any actions taken during the reporting period to fulfill that 

13 critical need; 

14 (3) discusses how the planning and actions taken under paragraph 

15 (2) are integrated into the strategic workforce planning of the Depart16 ment; 

17 (4) provides metrics on actions occurring during the reporting pe18 riod, including— 

19 (A) the number of employees in qualified positions hired by oc20 cupation and grade and level or pay band; 

21 (B) the placement of employees in qualified positions by direc22 torate and office in the Department; 

23 (C) the total number of veterans hired; 

24 (D) the number of separations of employees in qualified posi25 tions by occupation and grade and level or pay band; 

26 (E) the number of retirements of employees in qualified posi27 tions by occupation and grade and level or pay band; and 

28 (F) the number and amounts of recruitment, relocation, and re29 tention incentives paid to employees in qualified positions by occu30 pation and grade and level or pay band; and 

31 (5) describes the training provided to supervisors of employees in 

32 qualified positions at the Department on the use of the new authorities. 

33 (d) THREE-YEAR PROBATIONARY PERIOD.—The probationary period for 

34 all employees hired under the authority established in this section is 3 years. 

35 (e) INCUMBENTS OF EXISTING COMPETITIVE SERVICE POSITIONS.— 

36 (1) IN GENERAL.—An individual serving in a position on December 

37 18, 2014, that is selected to be converted to a position in the excepted 

38 service under this section shall have the right to refuse the conversion. 

39 (2) SUBSEQUENT CONVERSION.—After the date on which an indi40 vidual who refuses a conversion under paragraph (1) stops serving in 


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1 the position selected to be converted, the position may be converted to 

2 a position in the excepted service. 

3 (f) REPORT.—The National Protection and Programs Directorate shall 

4 submit a report regarding the availability of, and benefits (including cost 

5 savings and security) of using, cybersecurity personnel and facilities outside 

6 of the National Capital Region (as defined in section 2674 of title 10) to 

7 serve the Federal and national need to— 

8 (1) the Subcommittee on Homeland Security of the Committee on 

9 Appropriations and the Committee on Homeland Security and Govern10 mental Affairs of the Senate; and 

11 (2) the Subcommittee on Homeland Security of the Committee on 

12 Appropriations and the Committee on Homeland Security of the House 

13 of Representatives. 

14 Subchapter VI—Miscellaneous Provisions 

15 § 10381. Advisory committees 

16 (a) IN GENERAL.—The Secretary may establish, appoint members of, and 

17 use the services of, advisory committees, that the Secretary considers nec18 essary. An advisory committee established under this section may be ex19 empted by the Secretary from Public Law 92–463 (5 U.S.C. App.), but the 

20 Secretary shall publish notice in the Federal Register announcing the estab21 lishment of the committee and identifying its purpose and membership. Not22 withstanding the preceding sentence, members of an advisory committee 

23 that is exempted by the Secretary under the preceding sentence who are 

24 special Government employees (as that term is defined in section 202 of 

25 title 18) shall be eligible for certifications under section 208(b)(3) of title 

26 18, for official actions taken as a member of the advisory committee. 

27 (b) TERMINATION.—An advisory committee established by the Secretary 

28 shall terminate 2 years after the date of its establishment, unless the Sec29 retary makes a written determination to extend the advisory committee to 

30 a specified date, which shall not be more than 2 years after the date on 

31 which the determination is made. The Secretary may make any number of 

32 subsequent extensions consistent with this subsection. 

33 § 10382. Use of appropriated funds 

34 (a) IN GENERAL.—Unless otherwise provided, funds may be used for the 

35 following: 

36 (1) Purchase of uniforms without regard to the general purchase 

37 price limitation for the current fiscal year; 

38 (2) Purchase of insurance for official motor vehicles operated in for39 eign countries; 


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1 (3) Entering into contracts with the Department of State to furnish 

2 health and medical services to employees and their dependents serving 

3 in foreign countries; 

4 (4) Services authorized by section 3109 of title 5, United States 

5 Code. 

6 (5) The hire and purchase of motor vehicles, as authorized by section 

7 1343 of title 31. 

8 (b) POLICE-LIKE USE OF VEHICLES.—The purchase for police-type use 

9 of passenger vehicles may be made without regard to the general purchase 

10 price limitation for the current fiscal year. 

11 (c) DISPOSAL OF PROPERTY.— 

12 (1) STRICT COMPLIANCE.—If specifically authorized to dispose of 

13 real property in this subtitle or any law, the Secretary shall exercise 

14 this authority in strict compliance with subchapter IV of chapter 5 of 

15 title 40. 

16 (2) DEPOSIT OF PROCEEDS.—The Secretary shall deposit the pro17 ceeds of an exercise of property disposal authority into the miscella18 neous receipts of the Treasury under section 3302(b) of title 31. 

19 (d) GIFTS.—Except as authorized by section 10387 or 11122 of this title, 

20 section 2601 of title 10, or section 93 of title 14, gifts or donations of serv21 ices or property of or for the Department may not be accepted, used, or 

22 disposed of unless specifically permitted in advance in an appropriations Act 

23 and only under the conditions and for the purposes specified in the appro24 priations Act. 

25 (e) BUDGET REQUEST.—Under section 1105 of title 31, the President 

26 shall submit to Congress a detailed budget request for the Department for 

27 each fiscal year. 

28 § 10383. Reports and consultation addressing use of appro29 priated funds 

30 (a) IN GENERAL.—Notwithstanding any other provision of this subtitle, 

31 a report, notification, or consultation addressing directly or indirectly the 

32 use of appropriated funds and stipulated by this subtitle to be submitted 

33 to, or held with, Congress or a Congressional committee shall also be sub34 mitted to, or held with, the Committees on Appropriations of the Senate 

35 and the House of Representatives under the same conditions and with the 

36 same restrictions as stipulated by this subtitle. 

37 (b) REPROGRAMMING AND TRANSFER OF FUNDS.—Notifications by the 

38 Department under an authority for reprogramming or transfer of funds 

39 shall be made solely to the Committees on Appropriations of the Senate and 

40 the House of Representatives. 


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1 § 10384. Buy America requirements 

2 (a) DEFINITION OF UNITED STATES.—In this section, the term ‘‘United 

3 States’’ includes the possessions of the United States. 

4 (b) REQUIREMENT.—Except as provided in subsections (d) and (e), funds 

5 appropriated or otherwise available to the Department may not be used for 

6 the procurement of an item described in subsection (c) under a contract en7 tered into by the Department on and after August 16, 2009, if the item 

8 is not grown, reprocessed, reused, or produced in the United States. 

9 (c) COVERED ITEMS.—An item referred to in subsection (b) is an article 

10 or item of any of the following, if the item is directly related to the national 

11 security interests of the United States: 

12 (1) Clothing and the materials and components of clothing, other 

13 than sensors, electronics, or other items added to, and not normally as14 sociated with, clothing (and the materials and components of clothing). 

15 (2) Tents, tarpaulins, covers, textile belts, bags, protective equipment 

16 (including body armor), sleep systems, load carrying equipment (includ17 ing fieldpacks), textile marine equipment, parachutes, or bandages. 

18 (3) Cotton and other natural fiber products, woven silk or woven silk 

19 blends, spun silk yarn for cartridge cloth, synthetic fabric or coated 

20 synthetic fabric (including all textile fibers and yarns that are for use 

21 in the fabrics), canvas products, or wool (whether in the form of fiber 

22 or yarn or contained in fabrics, materials, or manufactured articles). 

23 (4) An item of individual equipment manufactured from or con24 taining the fibers, yarns, fabrics, or materials. 

25 (d) APPLICABILITY TO CONTRACTS AND SUBCONTRACTS FOR PROCURE26 MENT OF COMMERCIAL ITEMS.— 

27 (1) DEFINITION OF COMMERCIAL.—In this section, the word ‘‘com28 mercial’’ has the meaning given the term in the Federal Acquisition 

29 Regulation—Part 2. 

30 (2) IN GENERAL.—This section is applicable to contracts and sub31 contracts for the procurement of commercial items notwithstanding sec32 tion 1906 of title 41, with the exception of commercial items listed 

33 under paragraphs (3) and (4) of subsection (c). 

34 (e) EXCEPTIONS.— 

35 (1) AVAILABILITY.— 

36 (A) MATERIALS.—Subsection (b) does not apply to covered 

37 items that are, or include, materials determined to be non-avail38 able in accordance with Federal Acquisition Regulation 25.104 

39 Nonavailable Articles. 

40 (B) UNSATISFACTORY QUALITY AND INSUFFICIENT QUAN41 TITY.—Subsection (b) does not apply to the extent that the SecVerDate Sep 11 2014 18:05 Jun 12, 2018 Jkt 079200 PO 00000 Frm 00055 Fmt 6652 Sfmt 6221 E:\BILLS\H6063.IH H6063

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1 retary determines that satisfactory quality and sufficient quantity 

2 of an article or item described in subsection (c) grown, reproc3 essed, reused, or produced in the United States cannot be pro4 cured as and when needed at United States market prices. 

5 (2) DE MINIMIS NONCOMPLIANCE.—Notwithstanding subsection (b), 

6 the Secretary may accept delivery of an item covered by subsection (c) 

7 that contains non-compliant fibers if the total value of non-compliant 

8 fibers contained in the end item does not exceed 10 percent of the total 

9 purchase price of the end item. 

10 (3) CERTAIN PROCUREMENTS OUTSIDE THE UNITED STATES.—Sub11 section (b) does not apply to the following: 

12 (A) Procurements by vessels in foreign waters. 

13 (B) Emergency procurements. 

14 (4) SMALL PURCHASES.—Subsection (b) does not apply to purchases 

15 for amounts not greater than the simplified acquisition threshold re16 ferred to in section 2304(g) of title 10. 

17 (f) NOTIFICATION REQUIRED WITHIN 7 DAYS AFTER CONTRACT AWARD

18 IF CERTAIN EXCEPTIONS APPLIED.—In the case of a contract for the pro19 curement of an item described in subsection (c), if the Secretary applies an 

20 exception set forth in subsection (e)(1) with respect to that contract, the 

21 Secretary shall, not later than 7 days after the award of the contract, post 

22 a notification that the exception has been applied on the Internet site main23 tained by the General Services Administration known as FedBizOpps.gov 

24 (or a successor site). 

25 (g) INCLUSION OF INFORMATION IN NEW TRAINING PROGRAMS.—The 

26 Secretary shall ensure that a training program for the acquisition workforce 

27 includes comprehensive information on the requirements of this section and 

28 the regulations implementing this section. 

29 (h) CONSISTENCY WITH INTERNATIONAL AGREEMENTS.—This section 

30 shall be applied in a manner consistent with United States obligations under 

31 international agreements. 

32 § 10385. Horse adoption program 

33 With respect to a horse or other equine belonging to a component or 

34 agency of the Department, no funds made available in any Act may be used 

35 to destroy or put out to pasture any horse or other equine that has become 

36 unfit for service, unless the trainer or handler is first given the option to 

37 take possession of the equine through an adoption program that has safe38 guards against slaughter and inhumane treatment. 


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1 § 10386. Future Years Homeland Security Program 

2 (a) IN GENERAL.—Each budget request submitted to Congress for the 

3 Department under section 1105 of title 31, shall, at or about the same time, 

4 be accompanied by a Future Years Homeland Security Program. 

5 (b) CONTENTS.—The Future Years Homeland Security Program shall— 

6 (1) include the same type of information, organizational structure, 

7 and level of detail as the future years defense program submitted to 

8 Congress by the Secretary of Defense under section 221 of title 10; 

9 (2) set forth the homeland security strategy of the Department, 

10 which shall be developed and updated as appropriate annually by the 

11 Secretary, that was used to develop program planning guidance for the 

12 Future Years Homeland Security Program; and 

13 (3) include an explanation of how the resource allocations included 

14 in the Future Years Homeland Security Program correlate to the 

15 homeland security strategy set forth under paragraph (2). 

16 § 10387. Federal Law Enforcement Training Centers 

17 (a) DEFINITIONS.—In this section: 

18 (1) BASIC TRAINING.—The term ‘‘basic training’’ means the entry19 level training required to instill in new Federal law enforcement per20 sonnel fundamental knowledge of criminal laws, law enforcement and 

21 investigative techniques, laws and rules of evidence, rules of criminal 

22 procedure, constitutional rights, search and seizure, and related issues. 

23 (2) DETAILED INSTRUCTORS.—The term ‘‘detailed instructors’’ 

24 means personnel who are assigned to the Federal Law Enforcement 

25 Training Centers (in this section referred to as ‘‘FLETC’’) for a period 

26 of time to serve as instructors for the purpose of conducting basic and 

27 advanced training. 

28 (3) DIRECTOR.—The term ‘‘Director’’ means the Director of 

29 FLETC. 

30 (4) DISTRIBUTED LEARNING.—The term ‘‘distributed learning’’ 

31 means education in which students take academic courses by accessing 

32 information and communicating with the instructor, from various loca33 tions, on an individual basis, over a computer network or via other 

34 technologies. 

35 (5) EMPLOYEE.—The term ‘‘employee’’ has the meaning given the 

36 term in section 2105 of title 5. 

37 (6) FEDERAL AGENCY.—The term ‘‘Federal agency’’ means— 

38 (A) an executive department as defined in section 101 of title 

39 5; 

40 (B) an independent establishment as defined in section 104 of 

41 title 5; 


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1 (C) a Government corporation as defined in section 9101 of title 

2 31; 

3 (D) the Government Printing Office; 

4 (E) the United States Capitol Police; 

5 (F) the United States Supreme Court Police; and 

6 (G) Government agencies with law enforcement related duties. 

7 (7) LAW ENFORCEMENT PERSONNEL.—The term ‘‘law enforcement 

8 personnel’’ means an individual, including a criminal investigator (com9 monly known as ‘‘agent’’) and uniformed police (commonly known as 

10 ‘‘officer’’), who has statutory authority to search, seize, make arrests, 

11 or carry firearms. 

12 (8) LOCAL.—The term ‘‘local’’ means— 

13 (A) of or pertaining to any county, parish, municipality, city, 

14 town, township, rural community, unincorporated town or village, 

15 local public authority, educational institution, special district, 

16 intrastate district, council of governments (regardless of whether 

17 the council of governments is incorporated as a nonprofit corpora18 tion under State law), regional or interstate government entity, 

19 agency or instrumentality of a local government, or other political 

20 subdivision of a State; and 

21 (B) an Indian tribe or authorized tribal organization, or in Alas22 ka a Native village or Alaska Regional Native Corporation. 

23 (9) PARTNER ORGANIZATION.—The term ‘‘partner organization’’ 

24 means a Federal agency participating in FLETC’s training programs 

25 under a formal memorandum of understanding. 

26 (10) STATE.—The term ‘‘State’’ means a State of the United States, 

27 the District of Columbia, Puerto Rico, the Virgin Islands, Guam, 

28 American Samoa, the Northern Mariana Islands, and any possession 

29 of the United States. 

30 (11) STUDENT INTERN.—The term ‘‘student intern’’ means any eli31 gible baccalaureate or graduate degree student participating in 

32 FLETC’s College Intern Program. 

33 (b) ESTABLISHMENT.—The Secretary shall maintain in the Department 

34 the Federal Law Enforcement Training Centers. The Director— 

35 (1) is the head of FLETC; 

36 (2) shall occupy a career-reserved position in the Senior Executive 

37 Service; and 

38 (3) shall report to the Secretary. 

39 (c) FUNCTIONS OF THE DIRECTOR.—The Director shall— 

40 (1) develop training goals and establish strategic and tactical organi41 zational program plans and priorities; 


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1 (2) provide direction and management for FLETC’s training facili2 ties, programs, and support activities while ensuring that organiza3 tional program goals and priorities are executed in an effective and ef4 ficient manner; 

5 (3) develop homeland security and law enforcement training cur6 ricula, including curricula relating to domestic preparedness and re7 sponse to threats or acts of terrorism, for Federal, State, local, tribal, 

8 territorial, and international law enforcement and security agencies and 

9 private-sector security agencies; 

10 (4) monitor progress toward strategic and tactical FLETC plans re11 garding training curricula, including curricula relating to domestic pre12 paredness and response to threats or acts of terrorism, and facilities; 

13 (5) ensure the timely dissemination of homeland security information 

14 as necessary to Federal, State, local, tribal, territorial, and inter15 national law enforcement and security agencies and the private sector 

16 to achieve the training goals for those entities, in accordance with para17 graph (1); 

18 (6) carry out delegated acquisition responsibilities in a manner 

19 that— 

20 (A) fully complies with— 

21 (i) Federal law; 

22 (ii) the Federal Acquisition Regulation, including require23 ments regarding agency obligations to contract only with re24 sponsible prospective contractors; and 

25 (iii) Department acquisition management directives; and 

26 (B) maximizes opportunities for small business participation; 

27 (7) coordinate and share information with the heads of relevant com28 ponents and offices on digital learning and training resources, as ap29 propriate; 

30 (8) advise the Secretary on matters relating to executive level policy 

31 and program administration of Federal, State, local, tribal, territorial, 

32 and international law enforcement and security training activities and 

33 private-sector security agency training activities, including training ac34 tivities relating to domestic preparedness and response to threats or 

35 acts of terrorism; 

36 (9) collaborate with the Secretary and relevant officials at other Fed37 eral departments and agencies, as appropriate, to improve international 

38 instructional development, training, and technical assistance provided 

39 by the Federal Government to foreign law enforcement; and 

40 (10) carry out such other functions as the Secretary determines are 

41 appropriate. 


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1 (d) TRAINING RESPONSIBILITIES.— 

2 (1) IN GENERAL.—The Director may provide training to employees 

3 of Federal agencies who are engaged, directly or indirectly, in home4 land security operations or Federal law enforcement activities, includ5 ing operations or activities relating to domestic preparedness and re6 sponse to threats or acts of terrorism. In carrying out the training, the 

7 Director shall— 

8 (A) evaluate best practices of law enforcement training methods 

9 and curriculum content to maintain state-of-the-art expertise in 

10 adult learning methodology; 

11 (B) provide expertise and technical assistance, including on do12 mestic preparedness and response to threats or acts of terrorism, 

13 to Federal, State, local, tribal, territorial, and international law 

14 enforcement and security agencies and private-sector security 

15 agencies; and 

16 (C) maintain a performance evaluation process for students. 

17 (2) RELATIONSHIP WITH LAW ENFORCEMENT AGENCIES.—The Di18 rector shall consult with relevant law enforcement and security agencies 

19 in the development and delivery of FLETC’s training programs. 

20 (3) TRAINING DELIVERY LOCATIONS.—The training required under 

21 paragraph (1) may be conducted at FLETC facilities, at appropriate 

22 off-site locations, or by distributed learning. 

23 (4) STRATEGIC PARTNERSHIPS.— 

24 (A) IN GENERAL.—The Director may— 

25 (i) execute strategic partnerships with State and local law 

26 enforcement to provide them with specific training, including 

27 maritime law enforcement training; and 

28 (ii) coordinate with the Under Secretary responsible for 

29 overseeing critical infrastructure protection, cybersecurity, 

30 and other related programs of the Department and with pri31 vate sector stakeholders, including critical infrastructure own32 ers and operators, to provide training pertinent to improving 

33 coordination, security, and resiliency of critical infrastructure. 

34 (B) PROVISION OF INFORMATION.—The Director shall provide 

35 to the Committee on Homeland Security of the House of Rep36 resentatives and the Committee on Homeland Security and Gov37 ernmental Affairs of the Senate, on request, information on activi38 ties undertaken in the previous year pursuant to subparagraph 

39 (A). 

40 (5) FLETC DETAILS TO DEPARTMENT.—The Director may detail 

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1 therance of improving the effectiveness and quality of training provided 

2 by the Department and, as appropriate, the development of critical de3 partmental programs and initiatives. 

4 (6) DETAIL OF INSTRUCTIONS TO FLETC.—Partner organizations 

5 that wish to participate in FLETC training programs shall assign non6 reimbursable detailed instructors to FLETC for designated time peri7 ods to support all training programs at FLETC, as appropriate. The 

8 Director shall determine the number of detailed instructors that is pro9 portional to the number of training hours requested by each partner 

10 organization scheduled by FLETC for each fiscal year. If a partner or11 ganization is unable to provide a proportional number of detailed in12 structors, the partner organization shall reimburse FLETC for the sal13 ary equivalent for the detailed instructors, as appropriate. 

14 (7) PARTNER ORGANIZATION EXPENSES REQUIREMENTS.— 

15 (A) IN GENERAL.—Partner organizations shall be responsible 

16 for the following expenses: 

17 (i) Salaries, travel expenses, lodging expenses, and miscella18 neous per diem allowances of their personnel attending train19 ing courses at FLETC. 

20 (ii) Salaries and travel expenses of instructors and support 

21 personnel involved in conducting advanced training at 

22 FLETC for partner organization personnel and the cost of 

23 expendable supplies and special equipment for the training, 

24 unless the supplies and equipment are common to FLETC25 conducted training and have been included in FLETC’s budg26 et for the applicable fiscal year. 

27 (B) EXCESS BASIC AND ADVANCED FEDERAL TRAINING.—All 

28 hours of advanced training and hours of basic training provided 

29 in excess of the training for which appropriations were made avail30 able shall be paid by the partner organizations and provided to 

31 FLETC on a reimbursable basis in accordance with section 4104 

32 of title 5. 

33 (8) PROVISION OF NON-FEDERAL TRAINING.— 

34 (A) IN GENERAL.—The Director may charge and retain fees 

35 that would pay for FLETC’s actual costs of the training for the 

36 following: 

37 (i) State, local, tribal, and territorial law enforcement per38 sonnel. 

39 (ii) Foreign law enforcement officials, including provision of 

40 the training at the International Law Enforcement Academies 

41 wherever established. 


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1 (iii) Private-sector security officers, participants in the 

2 Federal Flight Deck Officer program under section 40930 of 

3 this title, and other appropriate private-sector individuals. 

4 (B) WAIVER.—The Director may waive the requirement for re5 imbursement of any cost under this section and shall maintain 

6 records regarding the reasons for any requirements waived. 

7 (9) REIMBURSEMENT.—The Director may reimburse travel or other 

8 expenses for non-Federal personnel who attend activities relating to 

9 training sponsored by FLETC, at travel and per diem rates established 

10 by the General Services Administration. 

11 (10) STUDENT SUPPORT.—In furtherance of FLETC’s training mis12 sion, the Director may provide the following support to students: 

13 (A) Athletic and related activities. 

14 (B) Short-term medical services. 

15 (C) Chaplain services. 

16 (11) AUTHORITY TO HIRE FEDERAL ANNUITANTS.— 

17 (A) IN GENERAL.—The Director may appoint and maintain, as 

18 necessary, Federal annuitants who have expert knowledge and ex19 perience to meet the training responsibilities under this subsection. 

20 (B) NO REDUCTION IN RETIREMENT PAY.—A Federal annuitant 

21 employed pursuant to this paragraph shall not be subject to any 

22 reduction in pay for annuity allocable to the period of actual em23 ployment under the provisions of section 8344 or 8468 of title 5 

24 or a similar provision of any other retirement system for employ25 ees. 

26 (C) RE-EMPLOYED ANNUITANTS.—A Federal annuitant em27 ployed pursuant to this paragraph shall not be considered an em28 ployee for purposes of subchapter III of chapter 83 or chapter 84 

29 of title 5 or such other retirement system (referred to in subpara30 graph (B)) as may apply. 

31 (D) COUNTING.—Federal annuitants shall be counted on a full 

32 time equivalent basis. 

33 (E) LIMITATION.—No appointment under this paragraph may 

34 be made that would result in the displacement of any employee. 

35 (12) TRAVEL FOR INTERMITTENT EMPLOYEES.—The Director may 

36 reimburse intermittent Federal employees traveling from outside a com37 muting distance (to be predetermined by the Director) for travel ex38 penses. 

39 (e) HOUSING.—Individuals attending training at any FLETC facility 

40 shall, to the extent practicable and in accordance with FLETC policy, reside 

41 in on-FLETC or FLETC-provided housing. 


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1 (f) ADDITIONAL FISCAL AUTHORITIES.—To further the goals and objec2 tives of FLETC, the Director may— 

3 (1) expend funds for public awareness and to enhance community 

4 support of law enforcement training, including the advertisement of 

5 available law enforcement training programs; 

6 (2) accept and use gifts of property, both real and personal, and ac7 cept gifts of services, for purposes that promote the functions of the 

8 Director pursuant to subsection (c) and the training responsibilities of 

9 the Director under subsection (d); 

10 (3) accept reimbursement from other Federal agencies for the con11 struction or renovation of training and support facilities and the use 

12 of equipment and technology on government owned-property; 

13 (4) obligate funds in anticipation of reimbursements from agencies 

14 receiving training at FLETC, except that total obligations at the end 

15 of a fiscal year may not exceed total budgetary resources available at 

16 the end of the fiscal year; 

17 (5) in accordance with the purchasing authority provided under sec18 tion 10382(a) and (b) of this title— 

19 (A) purchase employee and student uniforms; and 

20 (B) purchase and lease passenger motor vehicles, including vehi21 cles for police-type use; 

22 (6) provide room and board for student interns; and 

23 (7) expend funds each fiscal year to honor and memorialize FLECT 

24 graduates who have died in the line of duty. 

25 (g) PROHIBITION ON NEW FUNDING.—No funds are authorized to carry 

26 out this section. This section shall be carried out using amounts otherwise 

27 appropriated or made available for that purpose. 

28 § 10388. Fees 

29 (a) FEES FOR CREDENTIALING AND BACKGROUND INVESTIGATIONS IN

30 TRANSPORTATION.—The Secretary shall charge reasonable fees for pro31 viding credentialing and background investigations in the field of transpor32 tation. The establishment and collection of fees shall be subject to the fol33 lowing requirements: 

34 (1) Fees, in the aggregate, shall not exceed the costs incurred by the 

35 Department associated with providing the credential or performing the 

36 background record checks. 

37 (2) The Secretary shall charge fees in amounts that are reasonably 

38 related to the costs of providing services in connection with the activity 

39 or item for which the fee is charged. 

40 (3) A fee may not be collected except to the extent the fee will be 

41 expended to pay for— 


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1 (A) the costs of conducting or obtaining a criminal history 

2 record check and a review of available law enforcement databases 

3 and commercial databases and records of other governmental and 

4 international agencies; 

5 (B) reviewing and adjudicating requests for waiver and appeals 

6 of agency decisions with respect to providing the credential, per7 forming the background record check, and denying requests for 

8 waiver and appeals; and 

9 (C) other costs related to providing the credential or performing 

10 the background record check. 

11 (4) A fee collected shall be available for expenditure only to pay the 

12 costs incurred in providing services in connection with the activity or 

13 item for which the fee is charged and shall remain available until ex14 pended. 

15 (b) RECURRENT TRAINING OF ALIENS IN OPERATION OF AIRCRAFT.— 

16 (1) PROCESS FOR REVIEWING THREAT ASSESSMENTS.—Notwith17 standing section 40957(a)(1) of this title, the Secretary shall establish 

18 a process to ensure that an alien (as defined in section 101(a) of the 

19 Immigration and Nationality Act (8 U.S.C. 1101(a)) applying for re20 current training in the operation of an aircraft is properly identified 

21 and has not, since the time of a prior threat assessment conducted 

22 under section 40957(a)(2) of this title, become a risk to aviation or na23 tional security. 

24 (2) INTERRUPTION OF TRAINING.—If the Secretary determines, in 

25 carrying out the process established under paragraph (1), that an alien 

26 is a present risk to aviation or national security, the Secretary shall 

27 immediately notify the person providing the training of the determina28 tion and that person shall not provide the training or, if training has 

29 commenced, that person shall immediately terminate the training. 

30 (3) FEES.—The Secretary may charge reasonable fees under sub31 section (a) for providing credentialing and background investigations 

32 for aliens in connection with the process for recurrent training estab33 lished under paragraph (1). The fees shall be promulgated by notice 

34 in the Federal Register. 

35 (c) COLLECTION OF FEES FROM NON-FEDERAL PARTICIPANTS IN MEET36 INGS.— 

37 (1) IN GENERAL.—The Secretary may collect fees from a non-Fed38 eral participant in a conference, seminar, exhibition, symposium, or 

39 similar meeting conducted by the Department in advance of the con40 ference, either directly or by contract, and those fees shall be credited 

41 to the appropriation or account from which the costs of the conference, 


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1 seminar, exhibition, symposium, or similar meeting are paid and shall 

2 be available to pay the costs of the Department with respect to the con3 ference or to reimburse the Department for costs incurred with respect 

4 to the conference. 

5 (2) DEPOSIT OF EXCESS FEES.—If the total amount of fees collected 

6 with respect to a conference exceeds the actual costs of the Department 

7 with respect to the conference, the excess amount shall be deposited 

8 into the Treasury as miscellaneous receipts. 

9 (3) ANNUAL REPORT.—The Secretary shall provide a report annually 

10 to the Committees on Appropriations of the Senate and the House of 

11 Representatives, providing the level of collections and a summary by 

12 agency of the purposes and levels of expenditures for the prior fiscal 

13 year. 

14 § 10389. Reports to Committee on Commerce, Science, and 

15 Transportation 

16 The Committee on Commerce, Science, and Transportation of the Senate 

17 shall receive the reports required by the following provisions of law in the 

18 same manner and to the same extent that the reports are to be received 

19 by the Committee on Homeland Security and Governmental Affairs of the 

20 Senate: 

21 (1) Section 10501(b)(25) of this title. 

22 (2) Section 12510(a)(3)(D) of this title. 

23 (3) Section 7209(b)(1)(C) of the Intelligence Reform and Terrorism 

24 Prevention Act of 2004 (Public Law 108–458, 8 U.S.C. 1185 note). 

25 (4) Title III of the Implementing Recommendations of the 9/11 

26 Commission Act of 2007 (Public Law 110–53, 121 Stat. 296). 

27 (5) Section 511(d) of the Implementing Recommendations of the 9/ 

28 11 Commission Act of 2007 (Public Law 110–53, 121 Stat. 323). 

29 (6) Section 804(c) of the Implementing Recommendations of the 9/ 

30 11 Commission Act of 2007 (42 U.S.C. 2000ee–3(c)). 

31 (7) Section 901(b) of the Implementing Recommendations of the 9/ 

32 11 Commission Act of 2007 (Public Law 110–53, 121 Stat. 370). 

33 § 10390. Annual ammunition and weaponry reports 

34 (a) IN GENERAL.—The Secretary annually shall submit to Congress 

35 along with the submission of the President’s budget proposal pursuant to 

36 section 1105(a) of title 31 the following: 

37 (1) A comprehensive report on the purchase and usage of ammuni38 tion, subdivided by ammunition type. 

39 (2) A comprehensive report on the purchase and usage of weapons, 

40 subdivided by weapon type. 

41 (b) CONTENTS.— 


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1 (1) AMMUNITION REPORT.—The ammunition report shall include— 

2 (A) the quantity of ammunition in inventory at the end of the 

3 preceding calendar year, and the amount of ammunition expended 

4 and purchased, subdivided by ammunition type, during the year 

5 for each relevant component or agency in the Department; 

6 (B) a description of how the quantity, usage, and purchase 

7 aligns to each component or agency’s mission requirements for 

8 certification, qualification, training, and operations; and 

9 (C) details on all contracting practices applied by the Depart10 ment, including comparative details regarding other contracting 

11 options with respect to cost and availability. 

12 (2) WEAPONRY REPORT.—The weaponry report shall include— 

13 (A) the quantity of weapons in inventory at the end of the pre14 ceding calendar year, and the amount of weapons, subdivided by 

15 weapon type, included in the budget request for each relevant com16 ponent or agency in the Department; 

17 (B) a description of how the quantity and purchase aligns to 

18 each component or agency’s mission requirements for certification, 

19 qualification, training, and operations; and 

20 (C) details on all contracting practices applied by the Depart21 ment, including comparative details regarding other contracting 

22 options with respect to cost and availability. 

23 (c) REPORT SUBMITTED IN APPROPRIATE FORMAT.—Each report shall 

24 be submitted in an appropriate format to ensure the safety of law enforce25 ment personnel. 

26 § 10391. Clearances 

27 The Secretary shall make available the process of application for security 

28 clearances under Executive Order 13549 (50 U.S.C. 3161 note) or any suc29 cessor Executive Order to appropriate representatives of sector coordinating 

30 councils, sector information sharing and analysis organizations (as defined 

31 in section 10531(6) of this title), owners and operators of critical infrastruc32 ture, and any other person that the Secretary determines appropriate. 

33 § 10392. National identification system not authorized 

34 Nothing in this subtitle or the Homeland Security Act of 2002 (Public 

35 Law 107–296, 116 Stat. 2135) shall be construed to authorize the develop36 ment of a national identification system or card. 

37 § 10393. Functions and authorities of Administrator of Gen38 eral Services not affected 

39 (a) OPERATION, MAINTENANCE, AND PROTECTION OF FEDERAL BUILD40 INGS AND GROUNDS.—Nothing in this subtitle may be construed to affect 

41 the functions or authorities of the Administrator of General Services with 


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1 respect to the operation, maintenance, and protection of buildings and 

2 grounds owned or occupied by the Federal Government and under the juris3 diction, custody, or control of the Administrator. Except for the law enforce4 ment and related security functions transferred under section 

5 10901(b)(1)(C) of this title, the Administrator shall retain all powers, func6 tions, and authorities vested in the Administrator under chapters 1 (except 

7 section 121(e)(2)(A)) and 5 through 11 of title 40, and other provisions of 

8 law that are necessary for the operation, maintenance, and protection of the 

9 buildings and grounds. 

10 (b) LIMITATION ON COLLECTION AND USE OF RENTS AND FEES AND

11 FEDERAL BUILDINGS FUND.— 

12 (1) STATUTORY CONSTRUCTION.—Nothing in this subtitle may be 

13 construed— 

14 (A) to direct the transfer of, or affect, the authority of the Ad15 ministrator of General Services to collect rents and fees, including 

16 fees collected for protective services; or 

17 (B) to authorize the Secretary or another official in the Depart18 ment to obligate amounts in the Federal Buildings Fund estab19 lished by section 592 of title 40. 

20 (2) USE OF TRANSFERRED AMOUNTS.—Amounts transferred by the 

21 Administrator of General Services to the Secretary out of rents and 

22 fees collected by the Administrator shall be used by the Secretary solely 

23 for the protection of buildings or grounds owned or occupied by the 

24 Federal Government. 

25 § 10394. Research and development pilot program 

26 (a) AUTHORITY.—Until September 30, 2017, and subject to subsection 

27 (c), the Secretary may carry out a pilot program under which, when the 

28 Secretary carries out basic, applied, and advanced research and development 

29 projects, including the expenditure of funds for the projects, the Secretary 

30 may exercise the same authority (subject to the same limitations and condi31 tions) with respect to the research and projects as the Secretary of Defense 

32 may exercise under section 2371 of title 10 (except for subsections (b) and 

33 (f)), after making a determination that the use of a contract, grant, or coop34 erative agreement for the project is not feasible or appropriate. 

35 (b) PROCUREMENT OF TEMPORARY AND INTERMITTENT SERVICES.—The 

36 Secretary may— 

37 (1) procure the temporary or intermittent services of experts or con38 sultants (or organizations of experts or consultants) in accordance with 

39 section 3109(b) of title 5; and 

40 (2) whenever necessary due to an urgent homeland security need, 

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1 ices, including the services of experts or consultants (or organizations 

2 of experts or consultants), without regard to the pay limitations of sec3 tion 3109 of title 5. 

4 (c) ADDITIONAL REQUIREMENTS.— 

5 (1) IN GENERAL.—The authority of the Secretary under this section 

6 shall terminate September 30, 2017, unless before that date the Sec7 retary— 

8 (A) issues policy guidance detailing the appropriate use of that 

9 authority; and 

10 (B) provides training to each employee who may exercise that 

11 authority. 

12 (2) REPORT.—The Secretary shall provide an annual report to the 

13 Committees on Appropriations of the Senate and the House of Rep14 resentatives, the Committee on Homeland Security and Governmental 

15 Affairs of the Senate, and the Committee on Homeland Security of the 

16 House of Representatives detailing the projects for which the authority 

17 granted by subsection (a) was used, the rationale for its use, the funds 

18 spent using that authority, the outcome of each project for which that 

19 authority was used, and the results of any audits of the projects. 

20 Chapter 105—Information Analysis and 

21 Infrastructure Protection 

Subchapter I—Directorate for Information Analysis and Infrastructure Protection 

Sec. 

10501. Information and analysis and infrastructure protection. 

10502. Access to information. 

10503. Terrorist travel program. 

10504. Homeland Security Advisory System. 

10505. Homeland security information sharing. 

10506. Comprehensive information technology network architecture. 

10507. Coordination with information sharing environment. 

10508. Intelligence components. 

10509. Training for employees of intelligence components. 

10510. Intelligence training development for State and local government officials. 

10511. Information sharing incentives. 

10512. Department of Homeland Security State, Local, and Regional Fusion Center initiative. 

10513. Homeland Security Information Sharing Fellows Program. 

10514. Rural Policing Institute. 

10515. Interagency Threat Assessment and Coordination Group. 

10516. National asset database. 

10517. Classified Information Advisory Officer. 

10518. Annual report on intelligence activities of the Department. 

Subchapter II—Critical Infrastructure Information 

10531. Definitions. 

10532. Designation of critical infrastructure protection program. 

10533. Protection of voluntarily shared critical infrastructure information. 

10534. No private right of action. 

Subchapter III—Information Security 

Part A—Department Duties and Powers 

10541. Procedures for sharing information. 

10542. Cybersecurity collaboration between the Department and the Department of Defense. 

10543. Privacy officer. 


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10544. Enhancement of Federal and non-Federal cybersecurity. 

10545. National Cybersecurity and Communications Integration Center. 

10546. Cybersecurity plans. 

10547. NET Guard. 

10548. Prohibition on new regulatory authority. 

10549. Federal intrusion detection and prevention system. 

10550. Cybersecurity strategy. 

Part B—Cybersecurity Information Sharing 

10561. Definitions 

10562. Procedures for sharing information by Federal Government. 

10563. Authorization for preventing, detecting, analyzing, and mitigating cybersecurity 

threats. 

10564. Sharing of cyber threat indicators and defensive measures with Federal Government. 

10565. Protection from liability. 

10566. Oversight of Government activities. 

10567. Report on cybersecurity threats. 

10568. Exception to limitation on authority of Secretary of Defense to disseminate information. 

10569. Construction and preemption. 

10570. Effective period. 

Part C—Federal Cybersecurity Enhancement 

10581. Definitions. 

10582. Advanced internal defenses. 

10583. Federal cybersecurity requirements. 

10584. Assessment; reports. 

Part D—Other Cyber Matters 

10591. Apprehension and prosecution of international cyber criminals. 

10592. Enhancement of emergency services. 

10593. Improving cybersecurity in the health care industry. 

Subchapter IV—Supporting Anti-Terrorism by Fostering Effective Technologies 

10621. Definitions. 

10622. Administration. 

10623. Litigation management. 

10624. Risk management. 

Subchapter V—Secure Handling of Ammonium Nitrate 

10631. Definitions. 

10632. Regulation of the sale and transfer of ammonium nitrate. 

10633. Inspection and auditing of records. 

10634. Administrative provisions. 

10635. Theft reporting requirement. 

10636. Prohibitions and penalty. 

10637. Protection from civil liability. 

10638. Preemption of other laws. 

Subchapter VI—Chemical Facilities 

10651. Definitions. 

10652. Chemical Facility Anti-Terrorism Standards Program. 

10653. Protection and sharing of information. 

10654. Civil enforcement. 

10655. Whistleblower protections. 

10656. Relationship to other laws. 

10657. CFATS regulations. 

10658. Small covered chemical facilities. 

10659. Outreach to chemical facilities of interest. 

10660. Termination. 

1 Subchapter I—Directorate for Information 

2 Analysis and Infrastructure Protection 

3 § 10501. Information and analysis and infrastructure protec4 tion 

5 (a) DISCHARGE OF RESPONSIBILITIES.—The Secretary shall ensure that 

6 the responsibilities of the Department relating to information analysis and 

7 infrastructure protection, including those described in subsection (b), are 


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1 carried out through the Under Secretary appointed under section 

2 10302(b)(1)(H) of this title. 

3 (b) RESPONSIBILITIES OF SECRETARY RELATING TO INTELLIGENCE AND

4 ANALYSIS AND INFRASTRUCTURE PROTECTION.—The responsibilities of the 

5 Secretary relating to intelligence and analysis and infrastructure protection 

6 shall be as follows: 

7 (1) To access, receive, and analyze law enforcement information, in8 telligence information, and other information from agencies of the Fed9 eral Government, State and local government agencies (including law 

10 enforcement agencies), and private-sector entities, and to integrate the 

11 information, in support of the mission responsibilities of the Depart12 ment and the functions of the National Counterterrorism Center estab13 lished under section 119 of the National Security Act of 1947 (50 

14 U.S.C. 3056), in order to— 

15 (A) identify and assess the nature and scope of terrorist threats 

16 to the homeland; 

17 (B) detect and identify threats of terrorism against the United 

18 States; and 

19 (C) understand the threats in light of actual and potential 

20 vulnerabilities of the homeland. 

21 (2) To carry out comprehensive assessments of the vulnerabilities of 

22 the key resources and critical infrastructure of the United States, in23 cluding the performance of risk assessments to determine the risks 

24 posed by particular types of terrorist attacks within the United States 

25 (including an assessment of the probability of success of attacks and 

26 the feasibility and potential efficacy of various countermeasures to the 

27 attacks). 

28 (3) To integrate relevant information, analysis, and vulnerability as29 sessments (regardless of whether the information, analysis or assess30 ments are provided by or produced by the Department) in order to— 

31 (A) identify priorities for protective and support measures re32 garding terrorist and other threats to homeland security by the 

33 Department, other agencies of the Federal Government, State, and 

34 local government agencies and authorities, the private sector, and 

35 other entities; and 

36 (B) prepare finished intelligence and information products in 

37 both classified and unclassified formats, as appropriate, whenever 

38 reasonably expected to be of benefit to a State, local, or tribal gov39 ernment (including a State, local, or tribal law enforcement agen40 cy) or a private-sector entity. 


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1 (4) To ensure, under section 10502 of this title, the timely and effi2 cient access by the Department to all information necessary to dis3 charge the responsibilities under this section, including obtaining the 

4 information from other agencies of the Federal Government. 

5 (5) To develop a comprehensive national plan for securing the key 

6 resources and critical infrastructure of the United States, including 

7 power production, generation, and distribution systems, information 

8 technology and telecommunications systems (including satellites), elec9 tronic financial and property record storage and transmission systems, 

10 emergency preparedness communications systems, and the physical and 

11 technological assets that support the systems. 

12 (6) To recommend measures necessary to protect the key resources 

13 and critical infrastructure of the United States in coordination with 

14 other agencies of the Federal Government and in cooperation with 

15 State and local government agencies and authorities, the private sector, 

16 and other entities. 

17 (7) To review, analyze, and make recommendations for improve18 ments to the policies and procedures governing the sharing of informa19 tion within the scope of the information sharing environment estab20 lished under section 11708 of this title, including homeland security in21 formation, terrorism information, and weapons of mass destruction in22 formation, and policies, guidelines, procedures, instructions, or stand23 ards established under that section. 

24 (8) To disseminate, as appropriate, information analyzed by the De25 partment within the Department, to other agencies of the Federal Gov26 ernment with responsibilities relating to homeland security, and to 

27 agencies of State and local governments and private-sector entities with 

28 equivalent responsibilities in order to assist in the deterrence, preven29 tion, preemption of, or response to, terrorist attacks against the United 

30 States. 

31 (9) To consult with the Director of National Intelligence and other 

32 appropriate intelligence, law enforcement, or other elements of the Fed33 eral Government to establish collection priorities and strategies for in34 formation, including law enforcement-related information, relating to 

35 threats of terrorism against the United States through such means as 

36 the representation of the Department in discussions regarding require37 ments and priorities in the collection of the information. 

38 (10) To consult with State and local governments and private-sector 

39 entities to ensure appropriate exchanges of information, including law 

40 enforcement-related information, relating to threats of terrorism 

41 against the United States. 


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1 (11) To ensure that— 

2 (A) material received pursuant to this subtitle is protected from 

3 unauthorized disclosure and handled and used only for the per4 formance of official duties; and 

5 (B) intelligence information under this subtitle is shared, re6 tained, and disseminated consistent with the authority of the Di7 rector of National Intelligence to protect intelligence sources and 

8 methods under the National Security Act of 1947 (50 U.S.C. 3001 

9 et seq.) and related procedures and, as appropriate, similar au10 thorities of the Attorney General concerning sensitive law enforce11 ment information. 

12 (12) To request additional information from other agencies of the 

13 Federal Government, State and local government agencies, and the pri14 vate sector relating to threats of terrorism in the United States, or re15 lating to other areas of responsibility assigned by the Secretary, includ16 ing the entry into cooperative agreements through the Secretary to ob17 tain the information. 

18 (13) To establish and utilize, in conjunction with the chief informa19 tion officer of the Department, a secure communications and informa20 tion technology infrastructure, including data-mining and other ad21 vanced analytical tools, in order to access, receive, and analyze data 

22 and information in furtherance of the responsibilities under this sec23 tion, and to disseminate information acquired and analyzed by the De24 partment, as appropriate. 

25 (14) To ensure, in conjunction with the chief information officer of 

26 the Department, that information databases and analytical tools devel27 oped or utilized by the Department— 

28 (A) are compatible with one another and with relevant informa29 tion databases of other agencies of the Federal Government; and 

30 (B) treat information in the databases in a manner that com31 plies with applicable Federal law on privacy. 

32 (15) To coordinate training and other support to the elements and 

33 personnel of the Department, other agencies of the Federal Govern34 ment, and State and local governments that provide information to the 

35 Department, or are consumers of information provided by the Depart36 ment, in order to facilitate the identification and sharing of information 

37 revealed in their ordinary duties and the optimal utilization of informa38 tion received from the Department. 

39 (16) To coordinate with elements of the intelligence community and 

40 with Federal, State, and local law enforcement agencies, and the pri41 vate sector, as appropriate. 


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1 (17) To provide intelligence and information analysis and support to 

2 other elements of the Department. 

3 (18) To coordinate and enhance integration among the intelligence 

4 components of the Department, including through strategic oversight of 

5 the intelligence activities of the components. 

6 (19) To establish the intelligence collection, processing, analysis, and 

7 dissemination priorities, policies, processes, standards, guidelines, and 

8 procedures for the intelligence components of the Department, con9 sistent with directions from the President and, as applicable, the Direc10 tor of National Intelligence. 

11 (20) To establish a structure and process to support the missions 

12 and goals of the intelligence components of the Department. 

13 (21) To ensure that, whenever possible, the Department— 

14 (A) produces and disseminates unclassified reports and analytic 

15 products based on open-source information; and 

16 (B) produces and disseminates the reports and analytic prod17 ucts contemporaneously with reports or analytic products con18 cerning the same or similar information that the Department pro19 duced and disseminated in a classified format. 

20 (22) To establish within the Office of Intelligence and Analysis an 

21 internal continuity of operations plan. 

22 (23) Based on intelligence priorities set by the President, and guid23 ance from the Secretary and, as appropriate, the Director of National 

24 Intelligence— 

25 (A) to provide to the heads of each intelligence component of 

26 the Department guidance for developing the budget pertaining to 

27 the activities of the component; and 

28 (B) to present to the Secretary a recommendation for a consoli29 dated budget for the intelligence components of the Department, 

30 together with comments from the heads of the components. 

31 (24) To perform other duties relating to the responsibilities the Sec32 retary may provide. 

33 (25) To prepare and submit to the Committee on Homeland Security 

34 and Governmental Affairs of the Senate and the Committee on Home35 land Security in the House of Representatives, and to other appropriate 

36 congressional committees having jurisdiction over the critical infra37 structure or key resources, for each sector identified in the National 

38 Infrastructure Protection Plan, a report on the comprehensive assess39 ments carried out by the Secretary of the critical infrastructure and 

40 key resources of the United States, evaluating threat, vulnerability, and 


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1 consequence, as required under this subsection. Each report under this 

2 paragraph— 

3 (A) shall contain, if applicable, actions or countermeasures rec4 ommended or taken by the Secretary or the head of another Fed5 eral agency to address issues identified in the assessments; 

6 (B) shall be submitted annually and not later than 35 days 

7 after the last day of the fiscal year covered by the report; and 

8 (C) may be classified. 

9 (26)(A) Not later than 6 months after December 23, 2016, to con10 duct an intelligence-based review and comparison of the risks and con11 sequences of EMP and GMD facing critical infrastructure and submit 

12 to the Committee on Homeland Security and the Permanent Select 

13 Committee on Intelligence of the House of Representatives and the 

14 Committee on Homeland Security and Governmental Affairs and the 

15 Select Committee on Intelligence of the Senate a recommended strategy 

16 to protect and prepare the critical infrastructure of the homeland 

17 against threats of EMP and GMD. The recommended strategy shall— 

18 (i) be based on findings of the research and development con19 ducted under section 10718 of this title; 

20 (ii) be developed in consultation with the relevant Federal sec21 tor-specific agencies (as defined under Presidential Policy Direc22 tive–21) for critical infrastructure; 

23 (iii) be developed in consultation with the relevant sector coordi24 nating councils for critical infrastructure; 

25 (iv) be informed, to the extent practicable, by the findings of the 

26 intelligence-based review and comparison of the risks and con27 sequences of EMP and GMD facing critical infrastructure; and 

28 (v) be submitted in unclassified form, but may include a classi29 fied annex. 

30 (B) Not less frequently than every 2 years after the strategy is sub31 mitted, for the next 6 years, to submit updates of the recommended 

32 strategy. 

33 (C) The Secretary, if appropriate, may incorporate the recommended 

34 strategy into a broader recommendation developed by the Department 

35 to help protect and prepare critical infrastructure from terrorism, 

36 cyberattacks, and other threats if, as incorporated, the recommended 

37 strategy complies with subparagraph (A). 

38 (c) STAFF.— 

39 (1) IN GENERAL.—The Secretary shall provide the Office of Intel40 ligence and Analysis and the Office of Infrastructure Protection with 


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1 a staff of analysts having appropriate expertise and experience to assist 

2 the offices in discharging responsibilities under this section. 

3 (2) PRIVATE-SECTOR ANALYSTS.—Analysts under this subsection 

4 may include analysts from the private sector. 

5 (3) SECURITY CLEARANCES.—Analysts under this subsection shall 

6 possess security clearances appropriate for their work under this sec7 tion. 

8 (d) DETAIL OF PERSONNEL.— 

9 (1) IN GENERAL.—In order to assist the Office of Intelligence and 

10 Analysis and the Office of Infrastructure Protection in discharging re11 sponsibilities under this section, personnel of the agencies listed in 

12 paragraph (2) may be detailed to the Department for the performance 

13 of analytic functions and related duties. 

14 (2) COVERED AGENCIES.—The agencies referred to in paragraph (1) 

15 are as follows: 

16 (A) The Department of State. 

17 (B) The Central Intelligence Agency. 

18 (C) The Federal Bureau of Investigation. 

19 (D) The National Security Agency. 

20 (E) The National Geospatial-Intelligence Agency. 

21 (F) The Defense Intelligence Agency. 

22 (G) Any other agency of the Federal Government that the 

23 President considers appropriate. 

24 (3) COOPERATIVE AGREEMENTS.—The Secretary and the head of the 

25 agency concerned may enter into cooperative agreements for the pur26 pose of detailing personnel under this subsection. 

27 (4) BASIS.—The detail of personnel under this subsection may be on 

28 a reimbursable or non-reimbursable basis. 

29 (e) FUNCTIONS TRANSFERRED.—The Secretary succeeds to, and there is 

30 assigned to the Office of Intelligence and Analysis and the Office of Infra31 structure Protection, the functions, personnel, assets, and liabilities of the 

32 following entities: 

33 (1) The National Infrastructure Protection Center of the Federal 

34 Bureau of Investigation (other than the Computer Investigations and 

35 Operations Section), including the functions of the Attorney General 

36 relating thereto. 

37 (2) The National Communications System of the Department of De38 fense, including the functions of the Secretary of Defense relating 

39 thereto. 


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1 (3) The Critical Infrastructure Assurance Office of the Department 

2 of Commerce, including the functions of the Secretary of Commerce re3 lating thereto. 

4 (4) The National Infrastructure Simulation and Analysis Center of 

5 the Department of Energy and the energy security and assurance pro6 gram and activities of the Department, including the functions of the 

7 Secretary of Energy relating thereto. 

8 (5) The Federal Computer Incident Response Center of the General 

9 Services Administration, including the functions of the Administrator 

10 of General Services relating thereto. 

11 § 10502. Access to information 

12 (a) IN GENERAL.— 

13 (1) THREAT AND VULNERABILITY INFORMATION.—Except as other14 wise directed by the President, the Secretary shall have access the Sec15 retary considers necessary to all information, including reports, assess16 ments, analyses, and unevaluated intelligence relating to threats of ter17 rorism against the United States and to other areas of responsibility 

18 assigned by the Secretary, and to all information concerning infrastruc19 ture or other vulnerabilities of the United States to terrorism, whether 

20 or not the information has been analyzed, that may be collected, pos21 sessed, or prepared by an agency of the Federal Government. 

22 (2) OTHER INFORMATION.—The Secretary also shall have access to 

23 other information relating to matters under the responsibility of the 

24 Secretary that may be collected, possessed, or prepared by an agency 

25 of the Federal Government as the President may further provide. 

26 (b) MANNER OF ACCESS.—Except as otherwise directed by the President, 

27 with respect to information to which the Secretary has access under this 

28 section— 

29 (1) the Secretary may obtain the material upon request, and may 

30 enter into cooperative arrangements with other executive agencies to 

31 provide the material or provide Department officials with access to it 

32 on a regular or routine basis, including requests or arrangements in33 volving broad categories of material, access to electronic databases, or 

34 both; and 

35 (2) regardless of whether the Secretary has made a request or en36 tered into a cooperative arrangement under paragraph (1), all agencies 

37 of the Federal Government shall promptly provide to the Secretary— 

38 (A) all reports (including information reports containing intel39 ligence which has not been fully evaluated), assessments, and ana40 lytical information relating to threats of terrorism against the 


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1 United States and to other areas of responsibility assigned by the 

2 Secretary; 

3 (B) all information concerning the vulnerability of the infra4 structure of the United States, or other vulnerabilities of the 

5 United States, to terrorism, whether or not the information has 

6 been analyzed; 

7 (C) all other information relating to significant and credible 

8 threats of terrorism against the United States, whether or not the 

9 information has been analyzed; and 

10 (D) other information or material as the President may direct. 

11 (c) TREATMENT UNDER CERTAIN LAWS.—The Secretary shall be deemed 

12 to be a Federal law enforcement, intelligence, protective, national defense, 

13 immigration, or national security official, and shall be provided with all in14 formation from law enforcement agencies that is required to be given to the 

15 Director of Central Intelligence, under any provision of the following: 

16 (1) The USA PATRIOT Act (Public Law 107–56, 115 Stat. 272). 

17 (2) Section 2517(6) of title 18. 

18 (3) Rule 6(e)(3)(C) of the Federal Rules of Criminal Procedure (18 

19 App. U.S.C.). 

20 (d) ACCESS TO INTELLIGENCE AND OTHER INFORMATION.— 

21 (1) ACCESS BY ELEMENTS OF FEDERAL GOVERNMENT.—Nothing 

22 in this chapter shall preclude an element of the intelligence community 

23 (as that term is defined in section 3 of the National Security Act of 

24 1947 (50 U.S.C. 3003)), or any other element of the Federal Govern25 ment with responsibility for analyzing terrorist threat information, 

26 from receiving intelligence or other information relating to terrorism. 

27 (2) SHARING OF INFORMATION.—The Secretary, in consultation 

28 with the Director of Central Intelligence, shall work to ensure that in29 telligence or other information relating to terrorism to which the De30 partment has access is appropriately shared with the elements of the 

31 Federal Government referred to in paragraph (1), as well as with State 

32 and local governments, as appropriate. 

33 § 10503. Terrorist travel program 

34 (a) REQUIREMENT TO ESTABLISH.—The Secretary, in consultation with 

35 the Director of the National Counterterrorism Center and consistent with 

36 the strategy developed under section 7201 of the Intelligence Reform and 

37 Terrorism Prevention Act of 2004 (Public Law 108–458, 50 U.S.C. 3056 

38 note), shall establish a program to oversee the implementation of the Sec39 retary’s responsibilities with respect to terrorist travel. 


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1 (b) HEAD OF THE PROGRAM.—The Secretary shall designate an official 

2 of the Department to be responsible for carrying out the program. The offi3 cial shall be— 

4 (1) the Assistant Secretary for Policy; or 

5 (2) an official appointed by the Secretary who reports directly to the 

6 Secretary. 

7 (c) DUTIES.—The official designated under subsection (b) shall assist the 

8 Secretary in improving the Department’s ability to prevent terrorists from 

9 entering the United States or remaining in the United States undetected 

10 by— 

11 (1) developing relevant strategies and policies; 

12 (2) reviewing the effectiveness of existing programs and recom13 mending improvements, if necessary; 

14 (3) making recommendations on budget requests and on the alloca15 tion of funding and personnel; 

16 (4) ensuring effective coordination, with respect to policies, pro17 grams, planning, operations, and dissemination of intelligence and in18 formation relating to terrorist travel— 

19 (A) among appropriate subdivisions of the Department, as de20 termined by the Secretary and including— 

21 (i) U.S. Customs and Border Protection; 

22 (ii) U.S. Immigration and Customs Enforcement; 

23 (iii) U.S. Citizenship and Immigration Services; 

24 (iv) the Transportation Security Administration; and 

25 (v) the Coast Guard; and 

26 (B) between the Department and other appropriate Federal 

27 agencies; and 

28 (5) serving as the Secretary’s primary point of contact with the Na29 tional Counterterrorism Center for implementing initiatives related to 

30 terrorist travel and ensuring that the recommendations of the Center 

31 related to terrorist travel are carried out by the Department. 

32 § 10504. Homeland Security Advisory System 

33 (a) IN GENERAL.—The Secretary shall administer the Homeland Security 

34 Advisory System under this section to provide advisories or warnings re35 garding the threat or risk that acts of terrorism will be committed on the 

36 homeland to Federal, State, local, and tribal government authorities and to 

37 the people of the United States, as appropriate. The Secretary shall exercise 

38 primary responsibility for providing the advisories or warnings. 

39 (b) REQUIRED ELEMENTS.—In administering the Homeland Security Ad40 visory System, the Secretary shall— 


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1 (1) establish criteria for the issuance and revocation of the advisories 

2 or warnings; 

3 (2) develop a methodology, relying on the criteria established under 

4 paragraph (1), for the issuance and revocation of the advisories or 

5 warnings; 

6 (3) provide, in each advisory or warning, specific information and ad7 vice regarding appropriate protective measures and countermeasures 

8 that may be taken in response to the threat or risk, at the maximum 

9 level of detail practicable, to enable individuals, government entities, 

10 emergency response providers, and the private sector to act appro11 priately; 

12 (4) whenever possible, limit the scope of each advisory or warning 

13 to a specific region, locality, or economic sector believed to be under 

14 threat or at risk; and 

15 (5) not, in issuing an advisory or warning, use color designations as 

16 the exclusive means of specifying homeland security threat conditions 

17 that are the subject of the advisory or warning. 

18 § 10505. Homeland security information sharing 

19 (a) INFORMATION SHARING.—Consistent with section 11708 of this title, 

20 the Secretary, acting through the Under Secretary for Intelligence and 

21 Analysis, shall integrate the information and standardize the format of the 

22 products of the intelligence components of the Department containing home23 land security information, terrorism information, weapons of mass destruc24 tion information, or national intelligence (as defined in section 3 of the Na25 tional Security Act of 1947 (50 U.S.C. 3003)) except for internal security 

26 protocols or personnel information of the intelligence components, or other 

27 administrative processes that are administered by any chief security officer 

28 of the Department. 

29 (b) INFORMATION SHARING AND KNOWLEDGE MANAGEMENT OFFI30 CERS.—For each intelligence component of the Department, the Secretary 

31 shall designate an information sharing and knowledge management officer 

32 who shall report to the Under Secretary for Intelligence and Analysis re33 garding coordinating the different systems used in the Department to gath34 er and disseminate homeland security information or national intelligence 

35 (as defined in section 3 of the National Security Act of 1947 (50 U.S.C. 

36 3003)). 

37 (c) STATE, LOCAL, AND PRIVATE-SECTOR SOURCES OF INFORMATION.— 

38 (1) ESTABLISHMENT OF BUSINESS PROCESSES.—The Secretary, act39 ing through the Under Secretary for Intelligence and Analysis or the 

40 Assistant Secretary for Infrastructure Protection, as appropriate, 

41 shall— 


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1 (A) establish Department-wide procedures for the review and 

2 analysis of information provided by State, local, and tribal govern3 ments and the private sector; 

4 (B) as appropriate, integrate the information into the informa5 tion gathered by the Department and other departments and agen6 cies of the Federal Government; and 

7 (C) make available the information, as appropriate, within the 

8 Department and to other departments and agencies of the Federal 

9 Government. 

10 (2) FEEDBACK.—The Secretary shall develop mechanisms to provide 

11 feedback regarding the analysis and utility of information provided by 

12 an entity of State, local, or tribal government or the private sector that 

13 provides the information to the Department. 

14 (d) TRAINING AND EVALUATION OF EMPLOYEES.— 

15 (1) TRAINING.—The Secretary, acting through the Under Secretary 

16 for Intelligence and Analysis or the Assistant Secretary for Infrastruc17 ture Protection, as appropriate, shall provide to employees of the De18 partment opportunities for training and education to develop an under19 standing of— 

20 (A) the definitions of homeland security information and na21 tional intelligence (as defined in section 3 of the National Security 

22 Act of 1947 (50 U.S.C. 3003)); and 

23 (B) how information available to the employees as part of their 

24 duties— 

25 (i) might qualify as homeland security information or na26 tional intelligence; and 

27 (ii) might be relevant to the Office of Intelligence and 

28 Analysis and the intelligence components of the Department. 

29 (2) EVALUATIONS.—The Under Secretary for Intelligence and Anal30 ysis shall— 

31 (A) on an ongoing basis, evaluate how employees of the Office 

32 of Intelligence and Analysis and the intelligence components of the 

33 Department are utilizing homeland security information or na34 tional intelligence, sharing information within the Department, as 

35 described in this title, and participating in the information sharing 

36 environment established under section 11708 of this title; and 

37 (B) provide to the appropriate component heads regular reports 

38 regarding the evaluations under subparagraph (A). 

39 (e) RECEIPT OF INFORMATION FROM UNITED STATES SECRET SERV40 ICE.— 


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1 (1) IN GENERAL.—The Under Secretary for Intelligence and Anal2 ysis shall receive from the United States Secret Service homeland secu3 rity information, terrorism information, weapons of mass destruction 

4 information (as these terms are defined in section 11708 of this title), 

5 or national intelligence (as defined in section 3 of the National Security 

6 Act of 1947 (50 U.S.C. 3003)), as well as suspect information obtained 

7 in criminal investigations. The United States Secret Service shall co8 operate with the Under Secretary for Intelligence and Analysis with re9 spect to activities under this section and section 10506 of this title. 

10 (2) SAVINGS CLAUSE.—Nothing in the Implementing Recommenda11 tions of the 9/11 Commission Act of 2007 (Public Law 110–53, 121 

12 Stat. 266) shall interfere with the operation of section 3056(g) of title 

13 18, or with the authority of the Secretary or the Director of the United 

14 States Secret Service regarding the budget of the United States Secret 

15 Service. 

16 § 10506. Comprehensive information technology network ar17 chitecture 

18 (a) DEFINITION OF COMPREHENSIVE INFORMATION TECHNOLOGY NET19 WORK ARCHITECTURE.—The term ‘‘comprehensive information technology 

20 network architecture’’ means an integrated framework for evolving or main21 taining existing information technology and acquiring new information tech22 nology to achieve the strategic management and information resources man23 agement goals of the Office of Intelligence and Analysis. 

24 (b) ESTABLISHMENT.—The Secretary, acting through the Under Sec25 retary for Intelligence and Analysis, shall establish, consistent with the poli26 cies and procedures developed under section 11708 of this title, and con27 sistent with the enterprise architecture of the Department, a comprehensive 

28 information technology network architecture for the Office of Intelligence 

29 and Analysis that connects the various databases and related information 

30 technology assets of the Office of Intelligence and Analysis and the intel31 ligence components of the Department in order to promote internal informa32 tion sharing among the intelligence and other personnel of the Department. 

33 § 10507. Coordination with information sharing environ34 ment 

35 (a) GUIDANCE.—All activities to comply with sections 10504, 10505, and 

36 10506 of this title shall be— 

37 (1) consistent with policies, guidelines, procedures, instructions, or 

38 standards established under section 11708 of this title; 

39 (2) implemented in coordination with, as appropriate, the program 

40 manager for the information sharing environment established under 

41 that section; 


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1 (3) consistent with applicable guidance issued by the Director of Na2 tional Intelligence; and 

3 (4) consistent with applicable guidance issued by the Secretary relat4 ing to the protection of law enforcement information or proprietary in5 formation. 

6 (b) CONSULTATION.—In carrying out the duties and responsibilities 

7 under this subchapter, the Under Secretary for Intelligence and Analysis 

8 shall take into account the views of the heads of the intelligence components 

9 of the Department. 

10 § 10508. Intelligence components 

11 Subject to the direction and control of the Secretary, and consistent with 

12 applicable guidance issued by the Director of National Intelligence, the re13 sponsibilities of the head of each intelligence component of the Department 

14 are as follows: 

15 (1) To ensure that the collection, processing, analysis, and dissemi16 nation of information within the scope of the information sharing envi17 ronment, including homeland security information, terrorism informa18 tion, weapons of mass destruction information, and national intelligence 

19 (as defined in section 3 of the National Security Act of 1947 (50 

20 U.S.C. 3003)), are carried out effectively and efficiently in support of 

21 the intelligence mission of the Department, as led by the Under Sec22 retary for Intelligence and Analysis. 

23 (2) To otherwise support and implement the intelligence mission of 

24 the Department, as led by the Under Secretary for Intelligence and 

25 Analysis. 

26 (3) To incorporate the input of the Under Secretary for Intelligence 

27 and Analysis with respect to performance appraisals, bonus or award 

28 recommendations, pay adjustments, and other forms of commendation. 

29 (4) To coordinate with the Under Secretary for Intelligence and 

30 Analysis in developing policies and requirements for the recruitment 

31 and selection of intelligence officials of the intelligence component. 

32 (5) To advise and coordinate with the Under Secretary for Intel33 ligence and Analysis on any plan to reorganize or restructure the intel34 ligence component that would, if implemented, result in realignments 

35 of intelligence functions. 

36 (6) To ensure that employees of the intelligence component have 

37 knowledge of, and comply with, the programs and policies established 

38 by the Under Secretary for Intelligence and Analysis and other appro39 priate officials of the Department and that the employees comply with 

40 all applicable laws and regulations. 


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1 (7) To perform other activities relating to the responsibilities that 

2 the Secretary may provide. 

3 § 10509. Training for employees of intelligence components 

4 The Secretary shall provide training and guidance for employees, officials, 

5 and senior executives of the intelligence components of the Department to 

6 develop knowledge of laws, regulations, operations, policies, procedures, and 

7 programs that are related to the functions of the Department relating to 

8 the collection, processing, analysis, and dissemination of information within 

9 the scope of the information sharing environment, including homeland secu10 rity information, terrorism information, and weapons of mass destruction 

11 information, or national intelligence (as the term is defined in section 3 of 

12 the National Security Act of 1947 (50 U.S.C. 3003)). 

13 § 10510. Intelligence training development for State and 

14 local government officials 

15 (a) CURRICULUM.—The Secretary, acting through the Under Secretary 

16 for Intelligence and Analysis, shall— 

17 (1) develop a curriculum for training State, local, and tribal govern18 ment officials, including law enforcement officers, intelligence analysts, 

19 and other emergency response providers, in the intelligence cycle and 

20 Federal laws, practices, and regulations regarding the development, 

21 handling, and review of intelligence and other information; and 

22 (2) ensure that the curriculum includes executive level training for 

23 senior level State, local, and tribal law enforcement officers, intelligence 

24 analysts, and other emergency response providers. 

25 (b) TRAINING.—To the extent possible, the Federal Law Enforcement 

26 Training Center and other existing Federal entities with the capacity and 

27 expertise to train State, local, and tribal government officials based on the 

28 curriculum developed under subsection (a) shall be used to carry out the 

29 training programs created under this section. If the entities do not have the 

30 capacity, resources, or capabilities to conduct the training, the Secretary 

31 may approve another entity to conduct the training. 

32 (c) CONSULTATION.—In carrying out the duties described in subsection 

33 (a), the Under Secretary for Intelligence and Analysis shall consult with the 

34 Director of the Federal Law Enforcement Training Center, the Attorney 

35 General, the Director of National Intelligence, the Administrator of the Fed36 eral Emergency Management Agency, and other appropriate parties, such 

37 as private industry, institutions of higher education, nonprofit institutions, 

38 and other intelligence agencies of the Federal Government. 

39 § 10511. Information sharing incentives 

40 (a) AWARDS.—In making cash awards under chapter 45 of title 5, the 

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1 ager designated under section 11708 of this title, may consider the success 

2 of an employee in appropriately sharing information within the scope of the 

3 information sharing environment established under that section, including 

4 homeland security information, terrorism information, and weapons of mass 

5 destruction information, or national intelligence (as defined in section 3 of 

6 the National Security Act of 1947 (50 U.S.C. 3003)), in a manner con7 sistent with policies, guidelines, procedures, instructions, or standards estab8 lished by the President or, as appropriate, the program manager of that en9 vironment for the implementation and management of that environment. 

10 (b) OTHER INCENTIVES.—The head of each department or agency de11 scribed in section 11708(g), in consultation with the program manager des12 ignated under section 11708, shall adopt best practices regarding effective 

13 ways to educate and motivate officers and employees of the Federal Govern14 ment to participate fully in the information sharing environment, includ15 ing— 

16 (1) promotions and other nonmonetary awards; and 

17 (2) the publicizing of information sharing accomplishments by indi18 vidual employees and, where appropriate, the tangible end benefits that 

19 resulted. 

20 § 10512. Department of Homeland Security State, Local, and 

21 Regional Fusion Center initiative 

22 (a) DEFINITIONS.—In this section: 

23 (1) FUSION CENTER.—The term ‘‘fusion center’’ means a collabo24 rative effort of two or more Federal, State, local, or tribal government 

25 agencies that combines resources, expertise, or information with the 

26 goal of maximizing the ability of the agencies to detect, prevent, inves27 tigate, apprehend, and respond to criminal or terrorist activity. 

28 (2) INFORMATION SHARING ENVIRONMENT.—The term ‘‘information 

29 sharing environment’’ means the information sharing environment es30 tablished under section 11708 of this title. 

31 (3) INTELLIGENCE ANALYST.—The term ‘‘intelligence analyst’’ 

32 means an individual who regularly advises, administers, supervises, or 

33 performs work in the collection, gathering, analysis, evaluation, report34 ing, production, or dissemination of information on political, economic, 

35 social, cultural, physical, geographical, scientific, or military conditions, 

36 trends, or forces in foreign or domestic areas that directly or indirectly 

37 affect national security. 

38 (4) INTELLIGENCE-LED POLICING.—The term ‘‘intelligence-led polic39 ing’’ means the collection and analysis of information to produce an in40 telligence end product designed to inform law enforcement decision41 making at the tactical and strategic levels. 


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1 (5) TERRORISM INFORMATION.—The term ‘‘terrorism information’’ 

2 has the meaning given the term in section 11708 of this title. 

3 (b) ESTABLISHMENT.—The Secretary, in consultation with the program 

4 manager of the information sharing environment established under section 

5 11708 of this title, the Attorney General, the Privacy Officer of the Depart6 ment, the Officer for Civil Rights and Civil Liberties of the Department, 

7 and the Privacy and Civil Liberties Oversight Board established under sec8 tion 1061 of the Intelligence Reform and Terrorism Prevention Act of 2004 

9 (42 U.S.C. 2000ee), shall establish a Department of Homeland Security 

10 State, Local, and Regional Fusion Center Initiative to establish partnerships 

11 with State, local, and regional fusion centers. 

12 (c) DEPARTMENT SUPPORT AND COORDINATION.—Through the Depart13 ment of Homeland Security State, Local, and Regional Fusion Center Ini14 tiative, and in coordination with the principal officials of participating State, 

15 local, or regional fusion centers and the officers designated as the Homeland 

16 Security Advisors of the States, the Secretary shall— 

17 (1) provide operational and intelligence advice and assistance to 

18 State, local, and regional fusion centers; 

19 (2) support efforts to include State, local, and regional fusion centers 

20 into efforts to establish an information sharing environment; 

21 (3) conduct tabletop and live training exercises to regularly assess 

22 the capability of individual and regional networks of State, local, and 

23 regional fusion centers to integrate the efforts of the networks with the 

24 efforts of the Department; 

25 (4) coordinate with other relevant Federal entities engaged in home26 land security-related activities; 

27 (5) provide analytic and reporting advice and assistance to State, 

28 local, and regional fusion centers; 

29 (6) review information within the scope of the information sharing 

30 environment, including homeland security information, terrorism infor31 mation, and weapons of mass destruction information, that is gathered 

32 by State, local, and regional fusion centers, and to incorporate the in33 formation, as appropriate, into the Department’s own information; 

34 (7) provide management assistance to State, local, and regional fu35 sion centers; 

36 (8) serve as a point of contact to ensure the dissemination of infor37 mation within the scope of the information sharing environment, in38 cluding homeland security information, terrorism information, and 

39 weapons of mass destruction information; 

40 (9) facilitate close communication and coordination between State, 

41 local, and regional fusion centers and the Department; 


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1 (10) provide State, local, and regional fusion centers with expertise 

2 on Department resources and operations; 

3 (11) provide training to State, local, and regional fusion centers and 

4 encourage the fusion centers to participate in terrorism threat-related 

5 exercises conducted by the Department; and 

6 (12) carry out other duties the Secretary determines are appropriate. 

7 (d) PERSONNEL ASSIGNMENT.— 

8 (1) IN GENERAL.—The Under Secretary for Intelligence and Anal9 ysis shall, to the maximum extent practicable, assign officers and intel10 ligence analysts from components of the Department to participating 

11 State, local, and regional fusion centers. 

12 (2) PERSONNEL SOURCES.—Officers and intelligence analysts as13 signed to participating fusion centers under this subsection may be as14 signed from the following Department components, in coordination with 

15 the respective component head and in consultation with the principal 

16 officials of participating fusion centers: 

17 (A) Office of Intelligence and Analysis. 

18 (B) Office of Infrastructure Protection. 

19 (C) Transportation Security Administration. 

20 (D) U.S. Customs and Border Protection. 

21 (E) U.S. Immigration and Customs Enforcement. 

22 (F) Coast Guard. 

23 (G) Other components of the Department, as determined by the 

24 Secretary. 

25 (3) QUALIFYING CRITERIA.— 

26 (A) IN GENERAL.—The Secretary shall develop qualifying cri27 teria for a fusion center to participate in the assigning of Depart28 ment officers or intelligence analysts under this section. 

29 (B) CRITERIA.—Criteria developed under subparagraph (A) 

30 may include— 

31 (i) whether the fusion center, through its mission and gov32 ernance structure, focuses on a broad counterterrorism ap33 proach, and whether that broad approach is pervasive 

34 through all levels of the organization; 

35 (ii) whether the fusion center has sufficient numbers of 

36 adequately trained personnel to support a broad counterter37 rorism mission; 

38 (iii) whether the fusion center has— 

39 (I) access to relevant law enforcement, emergency re40 sponse, private sector, open source, and national security 

41 data; and 


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1 (II) the ability to share and analytically utilize that 

2 data for lawful purposes; 

3 (iv) whether the fusion center is adequately funded by the 

4 State, local, or regional government to support its counterter5 rorism mission; and 

6 (v) the relevancy of the mission of the fusion center to the 

7 particular source component of Department officers or intel8 ligence analysts. 

9 (4) PREREQUISITE.— 

10 (A) INTELLIGENCE ANALYSIS, PRIVACY, AND CIVIL LIBERTIES

11 TRAINING.—Before being assigned to a fusion center under this 

12 section, an officer or intelligence analyst shall undergo— 

13 (i) appropriate intelligence analysis or information sharing 

14 training using an intelligence-led policing curriculum that is 

15 consistent with— 

16 (I) standard training and education programs offered 

17 to Department law enforcement and intelligence per18 sonnel; and 

19 (II) the Criminal Intelligence Systems Operating Poli20 cies under part 23 of title 28, Code of Federal Regula21 tions (or a corresponding similar rule or regulation); 

22 (ii) appropriate privacy and civil liberties training that is 

23 developed, supported, or sponsored by the Privacy Officer ap24 pointed under section 10543 of this title and the Officer for 

25 Civil Rights and Civil Liberties of the Department, in con26 sultation with the Privacy and Civil Liberties Oversight 

27 Board established under section 1061 of the Intelligence Re28 form and Terrorism Prevention Act of 2004 (42 U.S.C. 

29 2000ee); and 

30 (iii) other training prescribed by the Under Secretary for 

31 Intelligence and Analysis. 

32 (B) PRIOR WORK EXPERIENCE IN AREA.—In determining the 

33 eligibility of an officer or intelligence analyst to be assigned to a 

34 fusion center under this section, the Under Secretary for Intel35 ligence and Analysis shall consider the familiarity of the officer or 

36 intelligence analyst with the State, locality, or region, as deter37 mined by such factors as whether the officer or intelligence ana38 lyst— 

39 (i) has been previously assigned in the geographic area; or 


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1 (ii) has previously worked with intelligence officials or law 

2 enforcement or other emergency response providers from that 

3 State, locality, or region. 

4 (5) EXPEDITED SECURITY CLEARANCE PROCESSING.—The Under 

5 Secretary for Intelligence and Analysis— 

6 (A) shall ensure that each officer or intelligence analyst as7 signed to a fusion center under this section has the appropriate 

8 security clearance to contribute effectively to the mission of the fu9 sion center; and 

10 (B) may request that security clearance processing be expedited 

11 for each officer or intelligence analyst and may use available funds 

12 for this purpose. 

13 (6) ADDITIONAL QUALIFICATIONS.—Each officer or intelligence ana14 lyst assigned to a fusion center under this section shall satisfy any 

15 other qualifications the Under Secretary for Intelligence and Analysis 

16 may prescribe. 

17 (e) RESPONSIBILITIES.—An officer or intelligence analyst assigned to a 

18 fusion center under this section shall— 

19 (1) assist law enforcement agencies and other emergency response 

20 providers of State, local, and tribal governments and fusion center per21 sonnel in using information within the scope of the information sharing 

22 environment, including homeland security information, terrorism infor23 mation, and weapons of mass destruction information, to develop a 

24 comprehensive and accurate threat picture; 

25 (2) review homeland security-relevant information from law enforce26 ment agencies and other emergency response providers of State, local, 

27 and tribal government; 

28 (3) create intelligence and other information products derived from 

29 the information and other homeland security-relevant information pro30 vided by the Department; and 

31 (4) assist in the dissemination of the products, as coordinated by the 

32 Under Secretary for Intelligence and Analysis, to law enforcement 

33 agencies and other emergency response providers of State, local, and 

34 tribal government, other fusion centers, and appropriate Federal agen35 cies. 

36 (f) BORDER INTELLIGENCE PRIORITY.— 

37 (1) IN GENERAL.—The Secretary shall make it a priority to assign 

38 officers and intelligence analysts under this section from U.S. Customs 

39 and Border Protection, U.S. Immigration and Customs Enforcement, 

40 and the Coast Guard to participating State, local, and regional fusion 

41 centers located in jurisdictions along land or maritime borders of the 


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1 United States in order to enhance the integrity of and security at the 

2 borders by helping Federal, State, local, and tribal law enforcement au3 thorities to identify, investigate, and otherwise interdict persons, weap4 ons, and related contraband that pose a threat to homeland security. 

5 (2) BORDER INTELLIGENCE PRODUCTS.—When performing the re6 sponsibilities described in subsection (e), officers and intelligence ana7 lysts assigned to participating State, local, and regional fusion centers 

8 under this section shall have, as a primary responsibility, the creation 

9 of border intelligence products that— 

10 (A) assist State, local, and tribal law enforcement agencies in 

11 deploying their resources most efficiently to help detect and inter12 dict terrorists, weapons of mass destruction, and related contra13 band at land or maritime borders of the United States; 

14 (B) promote more consistent and timely sharing of border secu15 rity-relevant information among jurisdictions along land or mari16 time borders of the United States; and 

17 (C) enhance the Department’s situational awareness of the 

18 threat of acts of terrorism at or involving the land or maritime 

19 borders of the United States. 

20 (g) DATABASE ACCESS.—To fulfill the objectives described under sub21 section (e), each officer or intelligence analyst assigned to a fusion center 

22 under this section shall have appropriate access to all relevant Federal data23 bases and information systems, consistent with policies, guidelines, proce24 dures, instructions, or standards established by the President or, as appro25 priate, the program manager of the information sharing environment for the 

26 implementation and management of that environment. 

27 (h) CONSUMER FEEDBACK.— 

28 (1) IN GENERAL.—The Secretary shall create a voluntary mechanism 

29 for a State, local, or tribal law enforcement officer or other emergency 

30 response provider who is a consumer of the intelligence or other infor31 mation products referred to in subsection (e) to provide feedback to the 

32 Department on the quality and utility of the intelligence products. 

33 (2) REPORT.—The Secretary shall submit annually to the Committee 

34 on Homeland Security and Governmental Affairs of the Senate and the 

35 Committee on Homeland Security of the House of Representatives a 

36 report that includes a description of the consumer feedback obtained 

37 under paragraph (1) and, if applicable, how the Department has ad38 justed its production of intelligence products in response to that con39 sumer feedback. 

40 (i) RULE OF CONSTRUCTION.— 


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1 (1) IN GENERAL.—The authorities granted under this section shall 

2 supplement the authorities granted under section 10501(b) of this title, 

3 and nothing in this section shall be construed to abrogate the authori4 ties granted under section 10501(b). 

5 (2) PARTICIPATION.—Nothing in this section shall be construed to 

6 require a State, local, or regional government or entity to accept the 

7 assignment of officers or intelligence analysts of the Department into 

8 the fusion center of that State, locality, or region. 

9 (j) GUIDELINES.—The Secretary, in consultation with the Attorney Gen10 eral, shall establish guidelines for fusion centers created and operated by 

11 State and local governments, to include standards that a fusion center 

12 shall— 

13 (1) collaboratively develop a mission statement, identify expectations 

14 and goals, measure performance, and determine effectiveness for that 

15 fusion center; 

16 (2) create a representative governance structure that includes law 

17 enforcement officers and other emergency response providers and, as 

18 appropriate, the private sector; 

19 (3) create a collaborative environment for the sharing of intelligence 

20 and information among Federal, State, local, and tribal government 

21 agencies (including law enforcement officers and other emergency re22 sponse providers), the private sector, and the public, consistent with 

23 policies, guidelines, procedures, instructions, or standards established 

24 by the President or, as appropriate, the program manager of the infor25 mation sharing environment; 

26 (4) leverage the databases, systems, and networks available from 

27 public- and private-sector entities, in accordance with all applicable 

28 laws, to maximize information sharing; 

29 (5) develop, publish, and adhere to a privacy and civil liberties policy 

30 consistent with Federal, State, and local law; 

31 (6) provide, in coordination with the Privacy Officer of the Depart32 ment and the Officer for Civil Rights and Civil Liberties of the Depart33 ment, appropriate privacy and civil liberties training for all State, local, 

34 tribal, and private-sector representatives at the fusion center; 

35 (7) ensure appropriate security measures are in place for the facility, 

36 data, and personnel; 

37 (8) select and train personnel based on the needs, mission, goals, and 

38 functions of that fusion center; 

39 (9) offer a variety of intelligence and information services and prod40 ucts to recipients of fusion center intelligence and information; and 


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1 (10) incorporate law enforcement officers, other emergency response 

2 providers, and, as appropriate, the private sector, into all relevant 

3 phases of the intelligence and fusion process, consistent with the mis4 sion statement developed under paragraph (1), either through full time 

5 representatives or liaison relationships with the fusion center to enable 

6 the receipt and sharing of information and intelligence. 

7 § 10513. Homeland Security Information Sharing Fellows 

8 Program 

9 (a) ESTABLISHMENT.—The Secretary, acting through the Under Sec10 retary for Intelligence and Analysis, and in consultation with the Chief 

11 Human Capital Officer, shall establish the Homeland Security Information 

12 Sharing Fellows Program for the purpose of— 

13 (1) detailing State, local, and tribal law enforcement officers and in14 telligence analysts to the Department in accordance with subchapter VI 

15 of chapter 33 of title 5, to participate in the work of the Office of Intel16 ligence and Analysis in order to become familiar with— 

17 (A) the relevant missions and capabilities of the Department 

18 and other Federal agencies; and 

19 (B) the role, programs, products, and personnel of the Office of 

20 Intelligence and Analysis; and 

21 (2) promoting information sharing between the Department and 

22 State, local, and tribal law enforcement officers and intelligence ana23 lysts by assigning the officers and analysts to— 

24 (A) serve as a point of contact in the Department to assist in 

25 the representation of State, local, and tribal information require26 ments; 

27 (B) identify information within the scope of the information 

28 sharing environment, including homeland security information, ter29 rorism information, and weapons of mass destruction information, 

30 that is of interest to State, local, and tribal law enforcement offi31 cers, intelligence analysts, and other emergency response pro32 viders; 

33 (C) assist Department analysts in preparing and disseminating 

34 products derived from information within the scope of the informa35 tion sharing environment, including homeland security informa36 tion, terrorism information, and weapons of mass destruction in37 formation, that are tailored to State, local, and tribal law enforce38 ment officers and intelligence analysts and designed to prepare for 

39 and thwart acts of terrorism; and 

40 (D) assist Department analysts in preparing products derived 

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1 ronment, including homeland security information, terrorism infor2 mation, and weapons of mass destruction information, that are 

3 tailored to State, local, and tribal emergency response providers 

4 and assist in the dissemination of the products through appro5 priate Department channels. 

6 (b) ELIGIBILITY.—To be eligible for selection as an Information Sharing 

7 Fellow under the program under the Homeland Security Information Shar8 ing Fellows Program, an individual shall— 

9 (1) have homeland security-related responsibilities; 

10 (2) be eligible for an appropriate security clearance; 

11 (3) possess a valid need for access to classified information, as deter12 mined by the Under Secretary for Intelligence and Analysis; 

13 (4) be an employee of— 

14 (A) a State, local, or regional fusion center; 

15 (B) a State or local law enforcement or other government entity 

16 that serves a major metropolitan area, suburban area, or rural 

17 area, as determined by the Secretary; 

18 (C) a State or local law enforcement or other government entity 

19 with port, border, or agricultural responsibilities, as determined by 

20 the Secretary; 

21 (D) a tribal law enforcement or other authority; or 

22 (E) another entity the Secretary determines is appropriate; and 

23 (5) have undergone appropriate privacy and civil liberties training 

24 that is developed, supported, or sponsored by the Privacy Officer and 

25 the Officer for Civil Rights and Civil Liberties, in consultation with the 

26 Privacy and Civil Liberties Oversight Board established under section 

27 1061 of the Intelligence Reform and Terrorism Prevention Act of 2004 

28 (42 U.S.C. 2000ee). 

29 (c) OPTIONAL PARTICIPATION.—A State, local, or tribal law enforcement 

30 or other government entity shall not be required to participate in the Home31 land Security Information Sharing Fellows Program. 

32 (d) PROCEDURES FOR NOMINATION AND SELECTION.— 

33 (1) IN GENERAL.—The Under Secretary for Intelligence and Anal34 ysis shall establish procedures to provide for the nomination and selec35 tion of individuals to participate in the Homeland Security Information 

36 Sharing Fellows Program. 

37 (2) LIMITATIONS.—The Under Secretary for Intelligence and Anal38 ysis shall— 

39 (A) select law enforcement officers and intelligence analysts rep40 resenting a broad cross-section of State, local, and tribal agencies; 

41 and 


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1 (B) ensure that the number of Information Sharing Fellows se2 lected does not impede the activities of the Office of Intelligence 

3 and Analysis. 

4 § 10514. Rural Policing Institute 

5 (a) DEFINITION OF RURAL.—In this section, the term ‘‘rural’’ means an 

6 area— 

7 (1) that is not located in a metropolitan statistical area, as defined 

8 by the Office of Management and Budget; or 

9 (2) that is located in a metropolitan statistical area and a county, 

10 borough, parish, or area under the jurisdiction of an Indian tribe with 

11 a population of not more than 50,000. 

12 (b) IN GENERAL.—The Secretary shall establish a Rural Policing Insti13 tute, which shall be administered by the Federal Law Enforcement Training 

14 Center, to target training to law enforcement agencies and other emergency 

15 response providers located in rural areas. The Secretary, through the Rural 

16 Policing Institute, shall— 

17 (1) evaluate the needs of law enforcement agencies and other emer18 gency response providers in rural areas; 

19 (2) develop expert training programs designed to address the needs 

20 of law enforcement agencies and other emergency response providers in 

21 rural areas as identified in the evaluation conducted under paragraph 

22 (1), including training programs about intelligence-led policing and pro23 tections for privacy, civil rights, and civil liberties; 

24 (3) provide the training programs developed under paragraph (2) to 

25 law enforcement agencies and other emergency response providers in 

26 rural areas; and 

27 (4) conduct outreach efforts to ensure that local and tribal govern28 ments in rural areas are aware of the training programs developed 

29 under paragraph (2) so they can avail themselves of the programs. 

30 (c) CURRICULA.—The training at the Rural Policing Institute established 

31 under subsection (a) shall— 

32 (1) be configured in a manner so as not to duplicate or displace a 

33 law enforcement or emergency response program of the Federal Law 

34 Enforcement Training Center or a local or tribal government entity in 

35 existence on August 3, 2007; and 

36 (2) to the maximum extent practicable, be delivered in a cost-effec37 tive manner at facilities of the Department, on closed military installa38 tions with adequate training facilities, or at facilities operated by the 

39 participants. 


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1 § 10515. Interagency Threat Assessment and Coordination 

2 Group 

3 (a) IN GENERAL.—To improve the sharing of information within the 

4 scope of the information sharing environment established under section 

5 11708 of this title with State, local, tribal, and private-sector officials, the 

6 Director of National Intelligence, through the program manager for the in7 formation sharing environment, in coordination with the Secretary, shall co8 ordinate and oversee the creation of an Interagency Threat Assessment and 

9 Coordination Group (in this section referred to as ‘‘ITACG’’). 

10 (b) COMPOSITION OF ITACG.—The ITACG shall consist of— 

11 (1) an ITACG Advisory Council to set policy and develop processes 

12 for the integration, analysis, and dissemination of federally coordinated 

13 information within the scope of the information sharing environment, 

14 including homeland security information, terrorism information, and 

15 weapons of mass destruction information; and 

16 (2) an ITACG Detail comprised of State, local, and tribal homeland 

17 security and law enforcement officers and intelligence analysts detailed 

18 to work in the National Counterterrorism Center with Federal intel19 ligence analysts for the purpose of integrating, analyzing, and assisting 

20 in the dissemination of federally coordinated information within the 

21 scope of the information sharing environment, including homeland se22 curity information, terrorism information, and weapons of mass de23 struction information, through appropriate channels identified by the 

24 ITACG Advisory Council. 

25 (c) RESPONSIBILITIES OF PROGRAM MANAGER.—The program manager 

26 shall— 

27 (1) monitor and assess the efficacy of the ITACG; 

28 (2) submit annually to the Secretary, the Attorney General, the Di29 rector of National Intelligence, the Committee on Homeland Security 

30 and Governmental Affairs of the Senate, and the Committee on Home31 land Security of the House of Representatives a report on the progress 

32 of the ITACG; and 

33 (3) in each report required by paragraph (2), include an assessment 

34 of whether the detailees under subsection (d)(5) have appropriate ac35 cess to all relevant information, as required by subsection (g)(2)(C). 

36 (d) RESPONSIBILITIES OF SECRETARY.—The Secretary, or the Sec37 retary’s designee, in coordination with the Director of the National Counter38 terrorism Center and the ITACG Advisory Council, shall— 

39 (1) create policies and standards for the creation of information 

40 products derived from information within the scope of the information 

41 sharing environment, including homeland security information, terVerDate Sep 11 2014 18:05 Jun 12, 2018 Jkt 079200 PO 00000 Frm 00094 Fmt 6652 Sfmt 6221 E:\BILLS\H6063.IH H6063

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1 rorism information, and weapons of mass destruction information, that 

2 are suitable for dissemination to State, local, and tribal governments 

3 and the private sector; 

4 (2) evaluate and develop processes for the timely dissemination of 

5 federally coordinated information within the scope of the information 

6 sharing environment, including homeland security information, ter7 rorism information, and weapons of mass destruction information, to 

8 State, local, and tribal governments and the private sector; 

9 (3) establish criteria and a methodology for indicating to State, local, 

10 and tribal governments and the private sector the reliability of informa11 tion within the scope of the information sharing environment, including 

12 homeland security information, terrorism information, and weapons of 

13 mass destruction information, disseminated to them; 

14 (4) educate the intelligence community about the requirements of the 

15 State, local, and tribal homeland security, law enforcement, and other 

16 emergency response providers regarding information within the scope 

17 of the information sharing environment, including homeland security 

18 information, terrorism information, and weapons of mass destruction 

19 information; 

20 (5) establish and maintain the ITACG Detail, which shall assign an 

21 appropriate number of State, local, and tribal homeland security and 

22 law enforcement officers and intelligence analysts to work in the Na23 tional Counterterrorism Center who shall— 

24 (A) educate and advise National Counterterrorism Center intel25 ligence analysts about the requirements of the State, local, and 

26 tribal homeland security and law enforcement officers, and other 

27 emergency response providers regarding information within the 

28 scope of the information sharing environment, including homeland 

29 security information, terrorism information, and weapons of mass 

30 destruction information; 

31 (B) assist National Counterterrorism Center intelligence ana32 lysts in integrating, analyzing, and otherwise preparing versions of 

33 products derived from information within the scope of the informa34 tion sharing environment, including homeland security informa35 tion, terrorism information, and weapons of mass destruction in36 formation that are unclassified or classified at the lowest possible 

37 level and suitable for dissemination to State, local, and tribal 

38 homeland security and law enforcement agencies in order to help 

39 deter and prevent terrorist attacks; 

40 (C) implement, in coordination with National Counterterrorism 

41 Center intelligence analysts, the policies, processes, procedures, 


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1 standards, and guidelines developed by the ITACG Advisory Coun2 cil; 

3 (D) assist in the dissemination of products derived from infor4 mation within the scope of the information sharing environment, 

5 including homeland security information, terrorism information, 

6 and weapons of mass destruction information, to State, local, and 

7 tribal jurisdictions only through appropriate channels identified by 

8 the ITACG Advisory Council; 

9 (E) make recommendations, as appropriate, to the Secretary or 

10 the Secretary’s designee, for the further dissemination of intel11 ligence products that could likely inform or improve the security 

12 of a State, local, or tribal government (including a State, local, or 

13 tribal law enforcement agency), or a private-sector entity; and 

14 (F) report directly to the senior intelligence official from the 

15 Department under paragraph (6); 

16 (6) detail a senior intelligence official from the Department to the 

17 National Counterterrorism Center, who shall— 

18 (A) manage the day-to-day operations of the ITACG Detail; 

19 (B) report directly to the Director of the National Counterter20 rorism Center or the Director’s designee; and 

21 (C) in coordination with the Director of the Federal Bureau of 

22 Investigation, and subject to the approval of the Director of the 

23 National Counterterrorism Center, select a deputy from the pool 

24 of available detailees from the Federal Bureau of Investigation in 

25 the National Counterterrorism Center; 

26 (7) establish, in the ITACG Advisory Council, a mechanism to select 

27 law enforcement officers and intelligence analysts for placement in the 

28 National Counterterrorism Center consistent with paragraph (5), using 

29 criteria developed by the ITACG Advisory Council that shall encourage 

30 participation from a broadly representative group of State, local, and 

31 tribal homeland security and law enforcement agencies; 

32 (8) compile an annual assessment of the ITACG Detail’s perform33 ance, including summaries of customer feedback, in preparing, dissemi34 nating, and requesting the dissemination of intelligence products in35 tended for State, local and tribal government (including State, local, 

36 and tribal law enforcement agencies), and private-sector entities; and 

37 (9) provide the assessment developed under paragraph (8) to the 

38 program manager for use in the annual reports required by subsection 

39 (c)(2). 

40 (e) MEMBERSHIP.—The Secretary, or the Secretary’s designee, shall serve 

41 as the chair of the ITACG Advisory Council, which shall include— 


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1 (1) representatives of— 

2 (A) the Department; 

3 (B) the Federal Bureau of Investigation; 

4 (C) the National Counterterrorism Center; 

5 (D) the Department of Defense; 

6 (E) the Department of Energy; 

7 (F) the Department of State; and 

8 (G) other Federal entities as appropriate; 

9 (2) the program manager of the information sharing environment, 

10 designated under section 11708(d) of this title, or the program man11 ager’s designee; and 

12 (3) executive level law enforcement and intelligence officials from 

13 State, local, and tribal governments. 

14 (f) CRITERIA.—The Secretary, in consultation with the Director of Na15 tional Intelligence, the Attorney General, and the program manager of the 

16 information sharing environment established under section 11708 of this 

17 title, shall— 

18 (1) establish procedures for selecting members of the ITACG Advi19 sory Council and for the proper handling and safeguarding of products 

20 derived from information within the scope of the information sharing 

21 environment, including homeland security information, terrorism infor22 mation, and weapons of mass destruction information, by those mem23 bers; and 

24 (2) ensure that at least 50 percent of the members of the ITACG 

25 Advisory Council are from State, local, and tribal governments. 

26 (g) OPERATIONS.— 

27 (1) IN GENERAL.—The ITACG Advisory Council shall meet regu28 larly, but not less than quarterly, at the facilities of the National 

29 Counterterrorism Center of the Office of the Director of National Intel30 ligence. 

31 (2) MANAGEMENT.—Pursuant to section 119(f)(1)(E) of the Na32 tional Security Act of 1947 (50 U.S.C. 3056(f)(1)(E)), the Director of 

33 the National Counterterrorism Center, acting through the senior intel34 ligence official from the Department of Homeland Security detailed 

35 pursuant to subsection (d)(6), shall ensure that— 

36 (A) the products derived from information within the scope of 

37 the information sharing environment, including homeland security 

38 information, terrorism information, and weapons of mass destruc39 tion information, prepared by the National Counterterrorism Cen40 ter and the ITACG Detail for distribution to State, local, and trib41 al homeland security and law enforcement agencies, reflect the reVerDate Sep 11 2014 18:05 Jun 12, 2018 Jkt 079200 PO 00000 Frm 00097 Fmt 6652 Sfmt 6221 E:\BILLS\H6063.IH H6063

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1 quirements of the agencies and are produced consistently with the 

2 policies, processes, procedures, standards, and guidelines estab3 lished by the ITACG Advisory Council; 

4 (B) in consultation with the ITACG Advisory Council and con5 sistent with sections 102A(f)(1)(B)(iii) and 119(f)(1)(E) of the 

6 National Security Act of 1947 (50 U.S.C. 3024(f)(1)(B)(iii), 

7 3056(f)(1)(E)), all products described in subparagraph (A) are 

8 disseminated through existing channels of the Department and the 

9 Department of Justice and other appropriate channels to State, 

10 local, and tribal government officials and other entities; 

11 (C) all detailees under subsection (d)(5) have appropriate access 

12 to all relevant information within the scope of the information 

13 sharing environment, including homeland security information, ter14 rorism information, and weapons of mass destruction information, 

15 available at the National Counterterrorism Center in order to ac16 complish the objectives under subsection (d)(5); 

17 (D) all detailees under subsection (d)(5) have the appropriate 

18 security clearances and are trained in the procedures for handling, 

19 processing, storing, and disseminating classified products derived 

20 from information within the scope of the information sharing envi21 ronment, including homeland security information, terrorism infor22 mation, and weapons of mass destruction information; and 

23 (E) all detailees under subsection (d)(5) complete appropriate 

24 privacy and civil liberties training. 

25 (h) INAPPLICABILITY OF THE FEDERAL ADVISORY COMMITTEE ACT.— 

26 The Federal Advisory Committee Act (5 U.S.C. App.) shall not apply to the 

27 ITACG or any subsidiary groups of the ITACG. 

28 § 10516. National asset database 

29 (a) ESTABLISHMENT.— 

30 (1) NATIONAL ASSET DATABASE.—The Secretary shall establish and 

31 maintain a national database of each system or asset that— 

32 (A) the Secretary, in consultation with appropriate homeland se33 curity officials of the States, determines to be vital and the loss, 

34 interruption, incapacity, or destruction of which would have a neg35 ative or debilitating effect on the economic security, public health, 

36 or safety of the United States, a State, or a local government; or 

37 (B) the Secretary determines is appropriate for inclusion in the 

38 database. 

39 (2) PRIORITIZED CRITICAL INFRASTRUCTURE LIST.—In accordance 

40 with Homeland Security Presidential Directive–7, as in effect on Janu41 ary 1, 2007, the Secretary shall establish and maintain a single classiVerDate Sep 11 2014 18:05 Jun 12, 2018 Jkt 079200 PO 00000 Frm 00098 Fmt 6652 Sfmt 6221 E:\BILLS\H6063.IH H6063

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1 fied prioritized list of systems and assets included in the database 

2 under paragraph (1) that the Secretary determines would, if destroyed 

3 or disrupted, cause national or regional catastrophic effects. 

4 (b) USE OF DATABASE.—The Secretary shall use the database estab5 lished under subsection (a)(1) in the development and implementation of 

6 Department plans and programs as appropriate. 

7 (c) MAINTENANCE OF DATABASE.— 

8 (1) IN GENERAL.—The Secretary shall maintain and annually up9 date the database established under subsection (a)(1) and the list es10 tablished under subsection (a)(2), including— 

11 (A) establishing data collection guidelines and providing the 

12 guidelines to the appropriate homeland security official of each 

13 State; 

14 (B) regularly reviewing the guidelines established under sub15 paragraph (A), including by consulting with the appropriate home16 land security officials of States, to solicit feedback about the 

17 guidelines, as appropriate; 

18 (C) after providing the homeland security official of a State 

19 with the guidelines under subparagraph (A), allowing the official 

20 a reasonable amount of time to submit to the Secretary data sub21 missions recommended by the official for inclusion in the database 

22 established under subsection (a)(1); 

23 (D) examining the contents and identifying submissions made 

24 by the official that are described incorrectly or that do not meet 

25 the guidelines established under subparagraph (A); and 

26 (E) providing to the appropriate homeland security official of 

27 each relevant State a list of submissions identified under subpara28 graph (D) for review and possible correction before the Secretary 

29 finalizes the decision of which submissions will be included in the 

30 database established under subsection (a)(1). 

31 (2) ORGANIZATION OF INFORMATION IN DATABASE.—The Secretary 

32 shall organize the contents of the database established under subsection 

33 (a)(1) and the list established under subsection (a)(2) as the Secretary 

34 determines is appropriate. Any organizational structure of the contents 

35 shall include the categorization of the contents— 

36 (A) according to the sectors listed in the National Infrastruc37 ture Protection Plan developed pursuant to Homeland Security 

38 Presidential Directive–7; and 

39 (B) by the State and county of their location. 

40 (3) PRIVATE-SECTOR INTEGRATION.—The Secretary shall identify 

41 and evaluate methods, including the Department’s Protected Critical 


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1 Infrastructure Information Program, to acquire relevant private-sector 

2 information for the purpose of using that information to generate a 

3 database or list, including the database established under subsection 

4 (a)(1) and the list established under subsection (a)(2). 

5 (4) RETENTION OF CLASSIFICATION.—The classification of informa6 tion required to be provided to Congress, the Department, or another 

7 department or agency under this section by a sector-specific agency, in8 cluding the assignment of a level of classification of the information, 

9 shall be binding on Congress, the Department, and that other Federal 

10 agency. 

11 (d) REPORTS.— 

12 (1) ANNUAL REPORT REQUIRED.—The Secretary shall submit annu13 ally to the Committee on Homeland Security and Governmental Affairs 

14 of the Senate and the Committee on Homeland Security of the House 

15 of Representatives a report on the database established under sub16 section (a)(1) and the list established under subsection (a)(2). 

17 (2) CONTENTS.—Each report shall include the following: 

18 (A) The name, location, and sector classification of each of the 

19 systems and assets on the list established under subsection (a)(2). 

20 (B) The name, location, and sector classification of each of the 

21 systems and assets on the list that are determined by the Sec22 retary to be most at risk to terrorism. 

23 (C) Any significant challenges in compiling the list of the sys24 tems and assets included on the list or in the database established 

25 under subsection (a)(1). 

26 (D) Any significant changes from the preceding report in the 

27 systems and assets included on the list or in the database. 

28 (E) If appropriate, the extent to which the database and the list 

29 have been used, individually or jointly, for allocating funds by the 

30 Federal Government to prevent, reduce, mitigate, or respond to 

31 acts of terrorism. 

32 (F) The amount of coordination between the Department and 

33 the private sector, through an entity of the Department that meets 

34 with representatives of private-sector industries for purposes of co35 ordination, for the purpose of ensuring the accuracy of the data36 base and list. 

37 (G) Other information the Secretary deems relevant. 

38 (3) CLASSIFIED INFORMATION.—The report shall be submitted in 

39 unclassified form but may contain a classified annex. 

40 (e) NATIONAL INFRASTRUCTURE PROTECTION CONSORTIUM.—The Sec41 retary may establish the National Infrastructure Protection Consortium. 


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1 The National Infrastructure Protection Consortium may advise the Sec2 retary on the best way to identify, generate, organize, and maintain a data3 base or list of systems and assets established by the Secretary, including 

4 the database established under subsection (a)(1) and the list established 

5 under subsection (a)(2). If the Secretary establishes the National Infra6 structure Protection Consortium, the Consortium may— 

7 (1) be composed of national laboratories, Federal agencies, State and 

8 local homeland security organizations, academic institutions, or na9 tional Centers of Excellence that have demonstrated experience working 

10 with and identifying critical infrastructure and key resources; and 

11 (2) provide input to the Secretary on any request pertaining to the 

12 contents of the database or the list. 

13 § 10517. Classified Information Advisory Officer 

14 (a) DESIGNATION.—The Secretary shall identify and designate in the De15 partment a Classified Information Advisory Officer. 

16 (b) RESPONSIBILITIES.—The responsibilities of the Classified Information 

17 Advisory Officer are as follows: 

18 (1) To develop and disseminate educational materials and to develop 

19 and administer training programs to assist State, local, and tribal gov20 ernments (including State, local, and tribal law enforcement agencies), 

21 and private-sector entities— 

22 (A) in developing plans and policies to respond to requests re23 lated to classified information without communicating the informa24 tion to individuals who lack appropriate security clearances; 

25 (B) regarding the appropriate procedures for challenging classi26 fication designations of information received by personnel of the 

27 entities; and 

28 (C) on the means by which personnel may apply for security 

29 clearances. 

30 (2) To inform the Under Secretary for Intelligence and Analysis on 

31 policies and procedures that could facilitate the sharing of classified in32 formation with the personnel, as appropriate. 

33 § 10518. Annual report on intelligence activities of the De34 partment 

35 (a) IN GENERAL.—For each fiscal year and along with the budget mate36 rials submitted in support of the budget of the Department pursuant to sec37 tion 1105(a) of title 31, the Under Secretary for Intelligence and Analysis 

38 shall submit to the congressional intelligence committees a report for that 

39 fiscal year on each intelligence activity of each intelligence component of the 

40 Department, as designated by the Under Secretary, that includes the fol41 lowing: 


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1 (1) The amount of funding requested for each intelligence activity. 

2 (2) The number of full-time employees funded to perform each intel3 ligence activity. 

4 (3) The number of full-time contractor employees (or the equivalent 

5 of full-time in the case of part-time contractor employees) funded to 

6 perform, or in support of, each intelligence activity. 

7 (4) A determination as to whether each intelligence activity is pre8 dominantly in support of national intelligence or departmental mission. 

9 (5) The total number of analysts of the Intelligence Enterprise of the 

10 Department who perform— 

11 (A) strategic analysis; or 

12 (B) operational analysis. 

13 (b) FEASIBILITY AND ADVISABILITY REPORT.—Not later than 120 days 

14 after December 19, 2014, the Secretary, acting through the Under Sec15 retary for Intelligence and Analysis, shall submit to the congressional intel16 ligence committees a report that— 

17 (1) examines the feasibility and advisability of including the budget 

18 request for all intelligence activities of each intelligence component of 

19 the Department that predominantly support departmental missions, as 

20 designed by the Under Secretary for Intelligence and Analysis, in the 

21 Homeland Security Intelligence Program; and 

22 (2) includes a plan to enhance the coordination of department-wide 

23 intelligence activities to achieve greater efficiencies in the performance 

24 of the intelligence functions of the Department. 

25 Subchapter II—Critical Infrastructure 

26 Information 

27 § 10531. Definitions 

28 In this subchapter: 

29 (1) AGENCY.—The term ‘‘agency’’ has the meaning given the term 

30 in section 551 of title 5. 

31 (2) COVERED FEDERAL AGENCY.—The term ‘‘covered Federal agen32 cy’’ means the Department. 

33 (3) CRITICAL INFRASTRUCTURE INFORMATION.—The term ‘‘critical 

34 infrastructure information’’ means information not customarily in the 

35 public domain and related to the security of critical infrastructure or 

36 protected systems, including— 

37 (A) actual, potential, or threatened interference with, attack on, 

38 compromise of, or incapacitation of critical infrastructure or pro39 tected systems by either physical or computer-based attack or 

40 other similar conduct (including the misuse of or unauthorized ac41 cess to all types of communications and data transmission sysVerDate Sep 11 2014 18:05 Jun 12, 2018 Jkt 079200 PO 00000 Frm 00102 Fmt 6652 Sfmt 6221 E:\BILLS\H6063.IH H6063

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1 tems) that violates Federal, State, or local law, harms interstate 

2 commerce of the United States, or threatens public health or safe3 ty; 

4 (B) the ability of critical infrastructure or a protected system 

5 to resist interference, compromise, or incapacitation, including any 

6 planned or past assessment, projection, or estimate of the vulner7 ability of critical infrastructure or a protected system, including 

8 security testing, risk evaluation, risk management planning, or 

9 risk audit; and 

10 (C) a planned or past operational problem or solution regarding 

11 critical infrastructure or a protected system, including repair, re12 covery, reconstruction, insurance, or continuity, to the extent it is 

13 related to interference, compromise, or incapacitation. 

14 (4) CRITICAL INFRASTRUCTURE PROTECTION PROGRAM.—The term 

15 ‘‘critical infrastructure protection program’’ means a component or bu16 reau of a covered Federal agency that has been designated by the 

17 President or an agency head to receive critical infrastructure informa18 tion. 

19 (5) CYBERSECURITY RISK; INCIDENT.—The terms ‘‘cybersecurity 

20 risk’’ and ‘‘incident’’ have the meanings given the terms in section 

21 10545 of this title. 

22 (6) INFORMATION SHARING AND ANALYSIS ORGANIZATION.—The 

23 term ‘‘information sharing and analysis organization’’ means a formal 

24 or informal entity or collaboration created or employed by public- or 

25 private-sector organizations, for purposes of— 

26 (A) gathering and analyzing critical infrastructure information, 

27 including information relating to cybersecurity risks and incidents, 

28 to better understand security problems and interdependencies re29 lating to critical infrastructure, including cybersecurity risks and 

30 incidents, and protected systems, so as to ensure the availability, 

31 integrity, and reliability of the infrastructure and systems; 

32 (B) communicating or disclosing critical infrastructure informa33 tion, including cybersecurity risks and incidents, to help prevent, 

34 detect, mitigate, or recover from the effects of an interference, 

35 compromise, or incapacitation problem relating to critical infra36 structure, including cybersecurity risks and incidents, or protected 

37 systems; and 

38 (C) voluntarily disseminating critical infrastructure information, 

39 including cybersecurity risks and incidents, to its members, the 

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1 ties that may be of assistance in carrying out the purposes speci2 fied in subparagraphs (A) and (B). 

3 (7) PROTECTED SYSTEM.—The term ‘‘protected system’’— 

4 (A) means a service, physical or computer-based system, proc5 ess, or procedure that directly or indirectly affects the viability of 

6 a facility of critical infrastructure; and 

7 (B) includes a physical or computer-based system, including a 

8 computer, computer system, computer or communications network, 

9 or any component hardware or element thereof, software program, 

10 processing instructions, or information or data in transmission or 

11 storage therein, irrespective of the medium of transmission or 

12 storage. 

13 (8) VOLUNTARY.— 

14 (A) IN GENERAL.—The term ‘‘voluntary’’, in the case of a sub15 mittal of critical infrastructure information to a covered Federal 

16 agency, means the submittal of the information in the absence of 

17 the agency’s exercise of legal authority to compel access to, or sub18 mission of, the information and may be accomplished by a single 

19 entity or an information sharing and analysis organization on be20 half of itself or its members. 

21 (B) EXCLUSIONS.—The term ‘‘voluntary’’— 

22 (i) in the case of an action brought under the securities 

23 laws as is defined in section 3(a) of the Securities Exchange 

24 Act of 1934 (15 U.S.C. 78c(a))— 

25 (I) does not include information or statements con26 tained in documents or materials filed with the Securities 

27 and Exchange Commission, or with Federal banking reg28 ulators, under section 12(i) of the Securities Exchange 

29 Act of 1934 (15 U.S.C. 78l(i)); and 

30 (II) with respect to the submittal of critical infrastruc31 ture information, does not include a disclosure or writing 

32 that when made accompanied the solicitation of an offer 

33 or a sale of securities; and 

34 (ii) does not include information or statements submitted 

35 or relied upon as a basis for making licensing or permitting 

36 determinations, or during regulatory proceedings. 

37 § 10532. Designation of critical infrastructure protection 

38 program 

39 A critical infrastructure protection program may be designated as such 

40 by one of the following: 

41 (1) The President. 


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1 (2) The Secretary. 

2 § 10533. Protection of voluntarily shared critical infrastruc3 ture information 

4 (a) PROTECTION.— 

5 (1) IN GENERAL.—Critical infrastructure information (including the 

6 identity of the submitting person or entity) that is voluntarily sub7 mitted to a covered Federal agency for use by that agency regarding 

8 the security of critical infrastructure and protected systems, analysis, 

9 warning, interdependency study, recovery, reconstitution, or other in10 formational purpose, when accompanied by an express statement speci11 fied in paragraph (2)— 

12 (A) shall be exempt from disclosure under section 552 of title 

13 5 (known as the Freedom of Information Act); 

14 (B) shall not be subject to agency rules or judicial doctrine re15 garding ex parte communications with a decision-making official; 

16 (C) shall not, without the written consent of the person or enti17 ty submitting the information, be used directly by the agency, an18 other Federal, State, or local authority, or a third party, in a civil 

19 action arising under Federal or State law if the information is 

20 submitted in good faith; 

21 (D) shall not, without the written consent of the person or enti22 ty submitting the information, be used or disclosed by an officer 

23 or employee of the United States for purposes other than the pur24 poses of this subchapter, except— 

25 (i) in furtherance of an investigation or the prosecution of 

26 a criminal act; or 

27 (ii) when disclosure of the information would be— 

28 (I) to either House of Congress, or to the extent of 

29 matter within its jurisdiction, a committee or sub30 committee of Congress (including a joint committee or 

31 subcommittee); or 

32 (II) to the Comptroller General, or an authorized rep33 resentative of the Comptroller General, in the course of 

34 the performance of the duties of the Government Ac35 countability Office; 

36 (E) shall not, if provided to a State or local government or gov37 ernment agency— 

38 (i) be made available pursuant to State or local law requir39 ing disclosure of information or records; 

40 (ii) otherwise be disclosed or distributed to a party by the 

41 State or local government or government agency without the 


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1 written consent of the person or entity submitting the infor2 mation; or 

3 (iii) be used other than for the purpose of protecting crit4 ical infrastructure or protected systems, or in furtherance of 

5 an investigation or the prosecution of a criminal act; and 

6 (F) does not constitute a waiver of an applicable privilege or 

7 protection provided under law, such as trade secret protection. 

8 (2) EXPRESS STATEMENT.—For purposes of paragraph (1), the term 

9 ‘‘express statement’’, with respect to information or records, means— 

10 (A) in the case of written information or records, a written 

11 marking on the information or records substantially similar to the 

12 following: ‘‘This information is voluntarily submitted to the Fed13 eral Government in expectation of protection from disclosure as 

14 provided by the provisions of the Critical Infrastructure Informa15 tion Act of 2002.’’; or 

16 (B) in the case of oral information, a similar written statement 

17 submitted within a reasonable period following the oral commu18 nication. 

19 (b) LIMITATION.—A communication of critical infrastructure information 

20 to a covered Federal agency made pursuant to this subchapter shall not be 

21 considered to be an action subject to the requirements of the Federal Advi22 sory Committee Act (5 U.S.C. App.). 

23 (c) INDEPENDENTLY OBTAINED INFORMATION.—Nothing in this section 

24 shall be construed to limit or otherwise affect the ability of a State, local, 

25 or Federal Government entity, agency, or authority, or a third party, under 

26 applicable law, to obtain critical infrastructure information in a manner not 

27 covered by subsection (a), including information lawfully and properly dis28 closed generally or broadly to the public and to use the information in any 

29 manner permitted by law. For purposes of this section, a permissible use 

30 of independently obtained information includes the disclosure of the infor31 mation under section 2302(b)(8) of title 5. 

32 (d) TREATMENT OF VOLUNTARY SUBMITTAL OF INFORMATION.—The 

33 voluntary submittal to the Government of information or records that are 

34 protected from disclosure by this subchapter shall not be construed to con35 stitute compliance with a requirement to submit the information to a Fed36 eral agency under any other provision of law. 

37 (e) PROCEDURES.— 

38 (1) IN GENERAL.—The Secretary shall, in consultation with appro39 priate representatives of the National Security Council and the Office 

40 of Science and Technology Policy, establish uniform procedures for the 


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1 receipt, care, and storage by Federal agencies of critical infrastructure 

2 information that is voluntarily submitted to the Government. 

3 (2) ELEMENTS.—The procedures established under paragraph (1) 

4 shall include mechanisms regarding— 

5 (A) the acknowledgement of receipt by Federal agencies of crit6 ical infrastructure information that is voluntarily submitted to the 

7 Government; 

8 (B) the maintenance of the identification of the information as 

9 voluntarily submitted to the Government for purposes of, and sub10 ject to, the provisions of this subchapter; 

11 (C) the care and storage of the information; and 

12 (D) the protection and maintenance of the confidentiality of the 

13 information so as to permit the sharing of the information within 

14 the Federal Government and with State and local governments, 

15 and the issuance of notices and warnings related to the protection 

16 of critical infrastructure and protected systems, in a manner to 

17 protect from public disclosure the identity of the submitting per18 son or entity, or information that is proprietary, business sensitive, 

19 relates specifically to the submitting person or entity, and is other20 wise not appropriately in the public domain. 

21 (f) PENALTIES.—Whoever, being an officer or employee of the United 

22 States or of any department or agency thereof, knowingly publishes, di23 vulges, discloses, or makes known in any manner or to any extent not au24 thorized by law, any critical infrastructure information protected from dis25 closure by this subchapter coming to him or her in the course of this em26 ployment or official duties or by reason of any examination or investigation 

27 made by, or return, report, or record made to or filed with, the department 

28 or agency or officer or employee thereof, shall be fined under title 18, im29 prisoned not more than 1 year, or both, and shall be removed from office 

30 or employment. 

31 (g) AUTHORITY TO ISSUE WARNINGS.—The Federal Government may 

32 provide advisories, alerts, and warnings to relevant companies, targeted sec33 tors, other governmental entities, or the general public regarding potential 

34 threats to critical infrastructure as appropriate. In issuing a warning, the 

35 Federal Government shall take appropriate actions to protect from disclo36 sure— 

37 (1) the source of voluntarily submitted critical infrastructure infor38 mation that forms the basis for the warning; or 

39 (2) information that is proprietary, business sensitive, relates specifi40 cally to the submitting person or entity, or is otherwise not appro41 priately in the public domain. 


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1 (h) AUTHORITY TO DELEGATE.—The President may delegate authority 

2 to a critical infrastructure protection program, designated under section 

3 10532 of this title, to enter into a voluntary agreement to promote critical 

4 infrastructure security, including with an information sharing and analysis 

5 organization, or a plan of action as otherwise defined in section 708 of the 

6 Defense Production Act of 1950 (50 U.S.C. 4558). 

7 § 10534. No private right of action 

8 Nothing in this subchapter may be construed to create a private right of 

9 action for enforcement of a provision of this subtitle. 

10 Subchapter III—Information Security 

11 Part A—Department Duties and Powers 

12 § 10541. Procedures for sharing information 

13 The Secretary shall establish procedures on the use of information shared 

14 under this chapter that— 

15 (1) limit the re-dissemination of the information to ensure that it is 

16 not used for an unauthorized purpose; 

17 (2) ensure the security and confidentiality of the information; 

18 (3) protect the constitutional and statutory rights of individuals who 

19 are subjects of the information; and 

20 (4) provide data integrity through the timely removal and destruc21 tion of obsolete or erroneous names and information. 

22 § 10542. Cybersecurity collaboration between the Depart23 ment and the Department of Defense 

24 (a) INTERDEPARTMENTAL COLLABORATION.— 

25 (1) IN GENERAL.—The Secretary and the Secretary of Defense shall 

26 provide personnel, equipment, and facilities to increase interdepart27 mental collaboration with respect to— 

28 (A) strategic planning for the cybersecurity of the United 

29 States; 

30 (B) mutual support for cybersecurity capabilities development; 

31 and 

32 (C) synchronization of current operational cybersecurity mission 

33 activities. 

34 (2) EFFICIENCIES.—The collaboration provided for under paragraph 

35 (1) shall be designed— 

36 (A) to improve the efficiency and effectiveness of requirements 

37 formulation and requests for products, services, and technical as38 sistance for, and coordination and performance assessment of, cy39 bersecurity missions executed across a variety of elements of the 

40 Department and the Department of Defense; and 


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1 (B) to leverage the expertise of the Department and the Depart2 ment of Defense and to avoid duplicating, replicating, or aggre3 gating unnecessarily the diverse line organizations across tech4 nology developments, operations, and customer support that collec5 tively execute the cybersecurity mission of the Department and the 

6 Department of Defense. 

7 (b) RESPONSIBILITIES.— 

8 (1) SECRETARY.—The Secretary shall identify and assign, in coordi9 nation with the Secretary of Defense, a Director of Cybersecurity Co10 ordination in the Department to undertake collaborative activities with 

11 the Department of Defense. 

12 (2) SECRETARY OF DEFENSE.—The Secretary of Defense shall iden13 tify and assign, in coordination with the Secretary, one or more offi14 cials in the Department of Defense to coordinate, oversee, and execute 

15 collaborative activities and the provision of cybersecurity support to the 

16 Department. 

17 § 10543. Privacy officer 

18 (a) APPOINTMENT AND RESPONSIBILITIES.—The Secretary shall appoint 

19 a senior official in the Department, who shall report directly to the Sec20 retary, to assume primary responsibility for privacy policy, including— 

21 (1) assuring that the use of technologies sustain, and do not erode, 

22 privacy protections relating to the use, collection, and disclosure of per23 sonal information; 

24 (2) assuring that personal information contained in Privacy Act sys25 tems of records is handled in full compliance with fair information 

26 practices as set out in section 552a of title 5 (known as the ‘‘Privacy 

27 Act of 1974’’); 

28 (3) evaluating legislative and regulatory proposals involving collec29 tion, use, and disclosure of personal information by the Federal Gov30 ernment; 

31 (4) conducting a privacy impact assessment of proposed rules of the 

32 Department or that of the Department on the privacy of personal in33 formation, including the type of personal information collected and the 

34 number of people affected; 

35 (5) coordinating with the Officer for Civil Rights and Civil Liberties 

36 to ensure that— 

37 (A) programs, policies, and procedures involving civil rights, 

38 civil liberties, and privacy considerations are addressed in an inte39 grated and comprehensive manner; and 

40 (B) Congress receives appropriate reports on the programs, poli41 cies, and procedures; and 


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1 (6) preparing a report to Congress on an annual basis on activities 

2 of the Department that affect privacy, including complaints of privacy 

3 violations, implementation of section 552a of title 5 (known as the 

4 ‘‘Privacy Act of 1974’’), internal controls, and other matters. 

5 (b) AUTHORITY TO INVESTIGATE.— 

6 (1) IN GENERAL.—The senior official appointed under subsection (a) 

7 may— 

8 (A) have access to all records, reports, audits, reviews, docu9 ments, papers, recommendations, and other materials available to 

10 the Department that relate to programs and operations with re11 spect to the responsibilities of the senior official under this section; 

12 (B) make investigations and reports relating to the administra13 tion of the programs and operations of the Department that are, 

14 in the senior official’s judgment, necessary or desirable; 

15 (C) subject to the approval of the Secretary, require by sub16 poena the production, by any person other than a Federal agency, 

17 of all information, documents, reports, answers, records, accounts, 

18 papers, and other data and documentary evidence necessary to the 

19 performance of the responsibilities of the senior official under this 

20 section; and 

21 (D) administer to, or take from, a person an oath, affirmation, 

22 or affidavit, whenever necessary to the performance of the respon23 sibilities of the senior official under this section. 

24 (2) ENFORCEMENT OF SUBPOENAS.—A subpoena issued under para25 graph (1)(C) shall, in the case of contumacy or refusal to obey, be en26 forceable by order of an appropriate United States district court. 

27 (3) EFFECT OF OATHS.—An oath, affirmation, or affidavit adminis28 tered or taken under paragraph (1)(D) by or before an employee of the 

29 Privacy Office designated for that purpose by the senior official ap30 pointed under subsection (a) shall have the same force and effect as 

31 if administered or taken by or before an officer having a seal of office. 

32 (c) SUPERVISION AND COORDINATION.— 

33 (1) IN GENERAL.—The senior official appointed under subsection (a) 

34 shall— 

35 (A) report to, and be under the general supervision of, the Sec36 retary; and 

37 (B) coordinate activities with the Inspector General of the De38 partment in order to avoid duplication of effort. 

39 (2) COORDINATION WITH INSPECTOR GENERAL.— 

40 (A) IN GENERAL.—Except as provided in subparagraph (B), the 

41 senior official appointed under subsection (a) may investigate a 


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1 matter relating to possible violations or abuse concerning the ad2 ministration of a program or operation of the Department relevant 

3 to the purposes under this section. 

4 (B) COORDINATION.— 

5 (i) REFERRAL TO INSPECTOR GENERAL.—Before initiating 

6 an investigation described under subparagraph (A), the senior 

7 official shall refer the matter and all related complaints, alle8 gations, and information to the Inspector General of the De9 partment. 

10 (ii) DETERMINATION.—Not later than 30 days after the re11 ceipt of a matter referred under clause (i), the Inspector Gen12 eral shall— 

13 (I) make a determination regarding whether the In14 spector General intends to initiate an audit or investiga15 tion of the matter referred under clause (i); and 

16 (II) notify the senior official of that determination. 

17 (iii) NOTIFICATION THAT AUDIT NOT INITIATED.—If the 

18 Inspector General notifies the senior official that the Inspec19 tor General intends to initiate an audit or investigation, but 

20 does not initiate that audit or investigation within 90 days 

21 after providing that notification, the Inspector General shall 

22 further notify the senior official that an audit or investigation 

23 was not initiated. The further notification under this clause 

24 shall be made not later than 3 days after the end of that 90- 

25 day period. 

26 (iv) INVESTIGATION BY SENIOR OFFICIAL.—The senior offi27 cial may investigate a matter referred under clause (i) if— 

28 (I) the Inspector General notifies the senior official 

29 under clause (ii) that the Inspector General does not in30 tend to initiate an audit or investigation relating to that 

31 matter; or 

32 (II) the Inspector General provides a further notifica33 tion under clause (iii) relating to that matter. 

34 (v) TRAINING.—An employee of the Office of Inspector 

35 General who audits or investigates a matter referred under 

36 clause (i) shall be required to receive adequate training on 

37 privacy laws, rules, and regulations, to be provided by an en38 tity approved by the Inspector General in consultation with 

39 the senior official appointed under subsection (a). 

40 (d) NOTIFICATION TO CONGRESS ON REMOVAL.—If the Secretary re41 moves the senior official appointed under subsection (a) or transfers that 


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1 senior official to another position or location within the Department, the 

2 Secretary shall— 

3 (1) promptly submit a written notification of the removal or transfer 

4 to both Houses of Congress; and 

5 (2) include in a notification the reasons for the removal or transfer. 

6 (e) REPORTS BY SENIOR OFFICIAL TO CONGRESS.—The senior official 

7 appointed under subsection (a) shall— 

8 (1) submit reports directly to Congress regarding performance of the 

9 responsibilities of the senior official under this section, without prior 

10 comment or amendment by the Secretary, Deputy Secretary of Home11 land Security, or any other officer or employee of the Department or 

12 the Office of Management and Budget; and 

13 (2) inform the Committee on Homeland Security and Governmental 

14 Affairs of the Senate and the Committee on Homeland Security of the 

15 House of Representatives not later than— 

16 (A) 30 days after the Secretary disapproves the senior official’s 

17 request for a subpoena under subsection (b)(1)(C) or the Sec18 retary substantively modifies the requested subpoena; or 

19 (B) 45 days after the senior official’s request for a subpoena 

20 under subsection (b)(1)(C), if that subpoena has not either been 

21 approved or disapproved by the Secretary. 

22 § 10544. Enhancement of Federal and non-Federal cyberse23 curity 

24 In carrying out the responsibilities under section 10501 of this title, the 

25 Under Secretary appointed under section 10302(b)(1)(H) of this title 

26 shall— 

27 (1) as appropriate, provide to State and local government entities, 

28 and upon request to private entities that own or operate critical infor29 mation systems— 

30 (A) analysis and warnings related to threats to, and 

31 vulnerabilities of, critical information systems; and 

32 (B) crisis management support in response to threats to, or at33 tacks on, critical information systems; 

34 (2) as appropriate, provide technical assistance, upon request, to the 

35 private sector and other government entities, with respect to emergency 

36 recovery plans to respond to major failures of critical information sys37 tems; and 

38 (3) fulfill the responsibilities of the Secretary to protect Federal in39 formation systems under subchapter II of chapter 35 of title 44. 


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1 § 10545. National Cybersecurity and Communications Inte2 gration Center 

3 (a) DEFINITIONS.—In this section— 

4 (1) CYBERSECURITY RISK.—The term ‘‘cybersecurity risk’’— 

5 (A) means threats to and vulnerabilities of information or infor6 mation systems and any related consequences caused by or result7 ing from unauthorized access, use, disclosure, degradation, disrup8 tion, modification, or destruction of the information or information 

9 systems, including related consequences caused by an act of ter10 rorism; and 

11 (B) does not include an action that solely involves a violation 

12 of a consumer term of service or a consumer licensing agreement. 

13 (2) CYBER THREAT INDICATOR; DEFENSIVE MEASURE.—The terms 

14 ‘‘cyber threat indicator’’ and ‘‘defensive measure’’ have the meanings 

15 given the terms in section 10561 of this title. 

16 (3) INCIDENT.—The term ‘‘incident’’ means an occurrence that actu17 ally or imminently jeopardizes, without lawful authority — 

18 (A) the integrity, confidentiality, or availability of information 

19 on an information system; or 

20 (B) an information system. 

21 (4) INFORMATION SHARING AND ANALYSIS ORGANIZATION.—The 

22 term ‘‘information sharing and analysis organization’’ has the meaning 

23 given that term in section 10531 of this title. 

24 (5) INFORMATION SYSTEM.—The term ‘‘information system’’ has the 

25 meaning given that term in section 3502(8) of title 44. 

26 (6) SHARING.—The term ‘‘sharing’’ means providing, receiving, and 

27 disseminating. 

28 (b) NATIONAL CYBERSECURITY AND COMMUNICATIONS INTEGRATION

29 CENTER.—There is in the Department the National Cybersecurity and 

30 Communications Integration Center (referred to in this section as the ‘‘Cen31 ter’’) to carry out certain responsibilities of the Under Secretary appointed 

32 under section 10302(b)(1)(H) of this title. 

33 (c) FUNCTIONS.—The cybersecurity functions of the Center shall in34 clude— 

35 (1) being a Federal civilian interface for the multi-directional and 

36 cross-sector sharing of information relating to cyber threat indicators, 

37 defensive measures, cybersecurity risks, incidents, analysis, and warn38 ings for Federal and non-Federal entities, including the implementation 

39 of part B of this subchapter; 

40 (2) providing shared situational awareness to enable real-time, inte41 grated, and operational actions across the Federal Government and 


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1 non-Federal entities to address cybersecurity risks and incidents to 

2 Federal and non-Federal entities; 

3 (3) coordinating the sharing of information relating to cyber threat 

4 indicators, defensive measures, cybersecurity risks, and incidents across 

5 the Federal Government; 

6 (4) facilitating cross-sector coordination to address cybersecurity 

7 risks and incidents, including cybersecurity risks and incidents that 

8 may be related or could have consequential impacts across multiple sec9 tors; 

10 (5)(A) conducting integration and analysis, including cross-sector in11 tegration and analysis, of cyber threat indicators, defensive measures, 

12 cybersecurity risks, and incidents; and 

13 (B) sharing the analysis conducted under subparagraph (A) with 

14 Federal and non-Federal entities; 

15 (6) on request, providing timely technical assistance, risk manage16 ment support, and incident response capabilities to Federal and non17 Federal entities with respect to cyber threat indicators, defensive meas18 ures, cybersecurity risks, and incidents, which may include attribution, 

19 mitigation, and remediation; 

20 (7) providing information and recommendations on security and re21 silience measures to Federal and non-Federal entities, including infor22 mation and recommendations to— 

23 (A) facilitate information security; 

24 (B) strengthen information systems against cybersecurity risks 

25 and incidents; and 

26 (C) share cyber threat indicators and defensive measures; 

27 (8) engaging with international partners, in consultation with other 

28 appropriate agencies, to— 

29 (A) collaborate on cyber threat indicators, defensive measures, 

30 and information relating to cybersecurity risks and incidents; and 

31 (B) enhance the security and resilience of global cybersecurity; 

32 (9) sharing cyber threat indicators, defensive measures, and other in33 formation relating to cybersecurity risks and incidents with Federal 

34 and non-Federal entities, including across sectors of critical infrastruc35 ture, and with State and major urban area fusion centers, as appro36 priate; 

37 (10) participating, as appropriate, in national exercises run by the 

38 Department; and 

39 (11) in coordination with the Office of Emergency Communications 

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1 munications to help facilitate continuous improvements to the security 

2 and resiliency of the communications. 

3 (d) COMPOSITION.— 

4 (1) IN GENERAL.—The Center is composed of— 

5 (A) appropriate representatives of Federal entities, such as— 

6 (i) sector-specific agencies; 

7 (ii) civilian and law enforcement agencies; and 

8 (iii) elements of the intelligence community, as that term 

9 is defined under section 3 of the National Security Act of 

10 1947 (50 U.S.C. 3003); 

11 (B) appropriate representatives of non-Federal entities, such 

12 as— 

13 (i) State and local governments; 

14 (ii) information sharing and analysis organizations; and 

15 (iii) owners and operators of critical information systems; 

16 (C) components in the Center that carry out cybersecurity and 

17 communications activities; 

18 (D) a designated Federal official for operational coordination 

19 with and across each sector; and 

20 (E) other appropriate representatives or entities, as determined 

21 by the Secretary. 

22 (2) INCIDENTS.—In the event of an incident, during exigent cir23 cumstances the Secretary may grant a Federal or non-Federal entity 

24 immediate temporary access to the Center. 

25 (e) PRINCIPLES.—In carrying out the functions under subsection (c), the 

26 Center shall ensure— 

27 (1) to the extent practicable, that— 

28 (A) timely, actionable, and relevant information related to cy29 bersecurity risks, incidents, and analysis is shared; 

30 (B) when appropriate, information related to cybersecurity 

31 risks, incidents, and analysis is integrated with other relevant in32 formation and tailored to the specific characteristics of a sector; 

33 (C) activities are prioritized and conducted based on the level 

34 of risk; 

35 (D) industry sector-specific, academic, and national laboratory 

36 expertise is sought and receives appropriate consideration; 

37 (E) continuous, collaborative, and inclusive coordination oc38 curs— 

39 (i) across sectors; and 

40 (ii) with— 

41 (I) sector coordinating councils; 


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1 (II) information sharing and analysis organizations; 

2 and 

3 (III) other appropriate non-Federal partners; 

4 (F) as appropriate, the Center works to develop and use mecha5 nisms for sharing information related to cybersecurity risks and 

6 incidents that are technology-neutral, interoperable, real-time, 

7 cost-effective, and resilient; and 

8 (G) the Center works with other agencies to reduce unneces9 sarily duplicative sharing of information related to cybersecurity 

10 risks and incidents; 

11 (2) that information related to cybersecurity risks and incidents is 

12 appropriately safeguarded against unauthorized access; and 

13 (3) that activities conducted by the Center comply with all policies, 

14 regulations, and laws that protect the privacy and civil liberties of 

15 United States persons. 

16 (f) NO RIGHT OR BENEFIT.— 

17 (1) IN GENERAL.—The provision of assistance or information to, and 

18 inclusion in the Center of, governmental or private entities under this 

19 section shall be at the sole and unreviewable discretion of the Under 

20 Secretary appointed under section 10302(b)(1)(H) of this title. 

21 (2) CERTAIN ASSISTANCE OR INFORMATION.—The provision of cer22 tain assistance or information to, or inclusion in the Center of, one gov23 ernmental or private entity pursuant to this section shall not create a 

24 right or benefit, substantive or procedural, to similar assistance or in25 formation for any other governmental or private entity. 

26 (g) AUTOMATED INFORMATION SHARING.— 

27 (1) IN GENERAL.—The Under Secretary appointed under section 

28 10302(b)(1)(H) of this title, in coordination with industry and other 

29 stakeholders, shall develop capabilities making use of existing informa30 tion technology industry standards and best practices, as appropriate, 

31 that support and rapidly advance the development, adoption, and im32 plementation of automated mechanisms for the sharing of cyber threat 

33 indicators and defensive measures in accordance with part B of this 

34 subchapter. 

35 (2) ANNUAL REPORT.—The Under Secretary appointed under sec36 tion 10302(b)(1)(H) of this title shall submit to the Committee on 

37 Homeland Security and Governmental Affairs of the Senate and the 

38 Committee on Homeland Security of the House of Representatives an 

39 annual report on the status and progress of the development of the ca40 pabilities described in paragraph (1). The reports shall be required 

41 until the capabilities are fully implemented. 


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1 (h) VOLUNTARY INFORMATION SHARING PROCEDURES AND RELATION2 SHIPS.— 

3 (1) PROCEDURES.— 

4 (A) IN GENERAL.—The Center may enter into a voluntary in5 formation sharing relationship with any consenting non-Federal 

6 entity for the sharing of cyber threat indicators and defensive 

7 measures for cybersecurity purposes in accordance with this sec8 tion. Nothing in this subsection may be construed to require any 

9 non-Federal entity to enter into an information sharing relation10 ship with the Center or any other entity. The Center may termi11 nate a voluntary information sharing relationship under this sub12 section, at the sole and unreviewable discretion of the Secretary, 

13 acting through the Under Secretary appointed under section 

14 10302(b)(1)(H) of this title, for any reason, including if the Cen15 ter determines that the non-Federal entity with which the Center 

16 has entered into the relationship has violated the terms of this 

17 subsection. 

18 (B) NATIONAL SECURITY.—The Secretary may decline to enter 

19 into a voluntary information sharing relationship under this sub20 section, at the sole and unreviewable discretion of the Secretary, 

21 acting through the Under Secretary appointed under section 

22 10302(b)(1)(H) of this title, for any reason, including if the Sec23 retary determines that declining to enter into the relationship is 

24 appropriate for national security. 

25 (2) RELATIONSHIPS.—A voluntary information sharing relationship 

26 under this subsection may be characterized as an agreement described 

27 as follows: 

28 (A) For the use of a non-Federal entity, the Center shall make 

29 available a standard agreement, consistent with this section, on 

30 the Department’s website. 

31 (B) At the request of a non-Federal entity, and if determined 

32 appropriate by the Center, at the sole and unreviewable discretion 

33 of the Secretary, acting through the Under Secretary appointed 

34 under section 10302(b)(1)(H) of this title, the Department shall 

35 negotiate a non-standard agreement, consistent with this section. 

36 (C) An agreement between the Center and a non-Federal entity 

37 that was entered into, or that was in effect, before December 18, 

38 2015, shall be deemed in compliance with the requirements of this 

39 subsection. An agreement under this subsection shall include the 

40 relevant privacy protections as in effect under the Cooperative Re41 search and Development Agreement for Cybersecurity Information 


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1 Sharing and Collaboration, as of December 31, 2014. Nothing in 

2 this subsection may be construed to require a non-Federal entity 

3 to enter into either a standard or negotiated agreement to be in 

4 compliance with this subsection. 

5 (i) DIRECT REPORTING.—The Secretary shall develop policies and proce6 dures for direct reporting to the Secretary by the Director of the Center 

7 regarding significant cybersecurity risks and incidents. 

8 (j) REPORTS ON INTERNATIONAL COOPERATION.—The Secretary periodi9 cally shall submit to the Committee on Homeland Security and Govern10 mental Affairs of the Senate and the Committee on Homeland Security of 

11 the House of Representatives a report on the range of efforts underway to 

12 bolster cybersecurity collaboration with relevant international partners in ac13 cordance with subsection (c)(8). 

14 (k) OUTREACH.—The Secretary, acting through the Under Secretary ap15 pointed under section 10302(b)(1)(H) of this title, shall— 

16 (1) disseminate to the public information about how to voluntarily 

17 share cyber threat indicators and defensive measures with the Center; 

18 and 

19 (2) enhance outreach to critical infrastructure owners and operators 

20 for purposes of sharing cyber threat indicators and defensive measures 

21 with the Center. 

22 (l) CYBERSECURITY OUTREACH.— 

23 (1) DEFINITIONS.—For purposes of this subsection, the terms 

24 ‘‘small business concern’’ and ‘‘small business development center’’ 

25 have the meanings given the terms in section 3 of the Small Business 

26 Act (15 U.S.C. 632). 

27 (2) PROVIDE ASSISTANCE.—The Secretary may leverage small busi28 ness development centers to provide assistance to small business con29 cerns by disseminating information on cyber threat indicators, defense 

30 measures, cybersecurity risks, incidents, analyses, and warnings to help 

31 small business concerns in developing or enhancing cybersecurity infra32 structure, awareness of cyber threat indicators, and cyber training pro33 grams for employees. 

34 (m) COORDINATED VULNERABILITY DISCLOSURE.—The Secretary, in co35 ordination with industry and other stakeholders, may develop and adhere to 

36 Department policies and procedures for coordinating vulnerability disclo37 sures. 

38 § 10546. Cybersecurity plans 

39 (a) DEFINITIONS.—In this section: 


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1 (1) AGENCY INFORMATION SYSTEM.—The term ‘‘agency information 

2 system’’ means an information system used or operated by an agency 

3 or by another entity on behalf of an agency. 

4 (2) CYBERSECURITY RISK; INFORMATION SYSTEM.—The terms ‘‘cy5 bersecurity risk’’ and ‘‘information system’’ have the meanings given 

6 the terms in section 10545 of this title. 

7 (3) INTELLIGENCE COMMUNITY.—The term ‘‘intelligence commu8 nity’’ has the meaning given the term in section 3 of the National Se9 curity Act of 1947 (50 U.S.C. 3003). 

10 (4) NATIONAL SECURITY SYSTEM.—The term ‘‘national security sys11 tem’’ has the meaning given the term in section 11103 of title 40. 

12 (b) INTRUSION ASSESSMENT PLAN.— 

13 (1) REQUIREMENT.—The Secretary, in coordination with the Direc14 tor of the Office of Management and Budget, shall— 

15 (A) develop and implement an intrusion assessment plan to 

16 proactively detect, identify, and remove intruders in agency infor17 mation systems on a routine basis; and 

18 (B) update the plan as necessary. 

19 (2) EXCEPTION.—The intrusion assessment plan required under 

20 paragraph (1) shall not apply to the Department of Defense, a national 

21 security system, or an element of the intelligence community. 

22 (c) CYBER INCIDENT RESPONSE PLANS.—The Under Secretary ap23 pointed under section 10302(b)(1)(H) of this title shall, in coordination with 

24 appropriate Federal departments and agencies, State and local governments, 

25 sector coordinating councils, information sharing and analysis organizations 

26 (as defined in section 10531 of this title), owners and operators of critical 

27 infrastructure, and other appropriate entities and individuals, develop, regu28 larly update, maintain, and exercise adaptable cyber incident response plans 

29 to address cybersecurity risks (as defined in section 10545 of this title) to 

30 critical infrastructure. 

31 (d) NATIONAL RESPONSE FRAMEWORK.—The Secretary, in coordination 

32 with the heads of other appropriate Federal departments and agencies, and 

33 in accordance with the National Cybersecurity Incident Response Plan re34 quired under subsection (c), shall regularly update, maintain, and exercise 

35 the Cyber Incident Annex to the National Response Framework of the De36 partment. 

37 § 10547. NET Guard 

38 The Assistant Secretary for Infrastructure Protection may establish a na39 tional technology guard, to be known as ‘‘NET Guard’’, comprised of local 

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1 nology, to assist local communities to respond and recover from attacks on 

2 information systems and communications networks. 

3 § 10548. Prohibition on new regulatory authority 

4 (a) IN GENERAL.—Nothing in the National Cybersecurity Protection Act 

5 of 2014 (Public Law 113–282, 128 Stat. 3066) or the amendments made 

6 by the Act shall be construed to grant the Secretary any authority to pro7 mulgate regulations or set standards relating to the cybersecurity of private8 sector critical infrastructure that was not in effect on December 17, 2014. 

9 (b) PRIVATE ENTITIES.—Nothing in the National Cybersecurity Protec10 tion Act of 2014 (Public Law 113–282, 128 Stat. 3066) or the amendments 

11 made by the Act shall be construed to require any private entity— 

12 (1) to request assistance from the Secretary; or 

13 (2) that requested assistance from the Secretary to implement any 

14 measure or recommendation suggested by the Secretary. 

15 § 10549. Federal intrusion detection and prevention system 

16 (a) DEFINITIONS.—In subsections (a) through (f) of this section: 

17 (1) AGENCY.—The term ‘‘agency’’ has the meaning given the term 

18 in section 3502 of title 44. 

19 (2) AGENCY INFORMATION.—The term ‘‘agency information’’ means 

20 information collected or maintained by or on behalf of an agency. 

21 (3) AGENCY INFORMATION SYSTEM.—The term ‘‘agency information 

22 system’’ has the meaning given the term in section 10546 of this title. 

23 (4) CYBERSECURITY RISK, INFORMATION SYSTEM.—The terms ‘‘cy24 bersecurity risk’’ and ‘‘information system’’ have the meanings given 

25 the terms in section 10545 of this title. 

26 (b) DEPLOYMENT, OPERATION, AND MAINTENANCE OF CAPABILITIES.— 

27 (1) IN GENERAL.—Not later than December 18, 2016, the Secretary 

28 shall deploy, operate, and maintain, to make available for use by any 

29 agency, with or without reimbursement— 

30 (A) a capability to detect cybersecurity risks in network traffic 

31 transiting or traveling to or from an agency information system; 

32 and 

33 (B) a capability to— 

34 (i) prevent network traffic associated with those cybersecu35 rity risks from transiting or traveling to or from an agency 

36 information system; or 

37 (ii) modify the network traffic to remove the cybersecurity 

38 risk. 

39 (2) REGULAR IMPROVEMENT.—The Secretary shall regularly deploy 

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1 tection and prevention capabilities described in paragraph (1) as appro2 priate to improve the intrusion detection and prevention capabilities. 

3 (c) ACTIVITIES.—In carrying out subsection (b), the Secretary— 

4 (1) may access, and the head of an agency may disclose to the Sec5 retary or a private entity providing assistance to the Secretary under 

6 paragraph (2), information transiting or traveling to or from an agency 

7 information system, regardless of the location from which the Secretary 

8 or a private entity providing assistance to the Secretary under para9 graph (2) accesses the information, notwithstanding any other provi10 sion of law that would otherwise restrict or prevent the head of an 

11 agency from disclosing the information to the Secretary or a private 

12 entity providing assistance to the Secretary under paragraph (2); 

13 (2) may enter into contracts or other agreements with, or otherwise 

14 request and obtain the assistance of, private entities to deploy, operate, 

15 and maintain technologies in accordance with subsection (b); 

16 (3) may retain, use, and disclose information obtained through the 

17 conduct of activities authorized under this section only to protect infor18 mation and information systems from cybersecurity risks; 

19 (4) shall regularly assess, through operational test and evaluation in 

20 real world or simulated environments, available advanced protective 

21 technologies to improve detection and prevention capabilities, including 

22 commercial and noncommercial technologies and detection technologies 

23 beyond signature-based detection, and acquire, test, and deploy the 

24 technologies when appropriate; 

25 (5) shall establish a pilot through which the Secretary may acquire, 

26 test, and deploy, as rapidly as possible, technologies described in para27 graph (4); and 

28 (6) shall periodically update the privacy impact assessment required 

29 under section 208(b) of the E-Government Act of 2002 (44 U.S.C. 

30 3501 note). 

31 (d) PRINCIPLES.—In carrying out subsection (b), the Secretary shall en32 sure that— 

33 (1) activities carried out under this section are reasonably necessary 

34 for the purpose of protecting agency information and agency informa35 tion systems from a cybersecurity risk; 

36 (2) information accessed by the Secretary will be retained no longer 

37 than reasonably necessary for the purpose of protecting agency infor38 mation and agency information systems from a cybersecurity risk; 

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1 mation system for the purpose of protecting agency information and 

2 the agency information system; and 

3 (4) the activities are implemented pursuant to policies and proce4 dures governing the operation of the intrusion detection and prevention 

5 capabilities. 

6 (e) PRIVATE ENTITIES.— 

7 (1) CONDITIONS.—A private entity described in subsection (c)(2) 

8 may not— 

9 (A) disclose any network traffic transiting or traveling to or 

10 from an agency information system to any entity other than the 

11 Department or the agency that disclosed the information under 

12 subsection (c)(1), including personal information of a specific indi13 vidual or information that identifies a specific individual not di14 rectly related to a cybersecurity risk; or 

15 (B) use any network traffic transiting or traveling to or from 

16 an agency information system to which the private entity gains ac17 cess in accordance with this section for any purpose other than to 

18 protect agency information and agency information systems 

19 against cybersecurity risks or to administer a contract or other 

20 agreement entered into pursuant to subsection (c)(2) or as part 

21 of another contract with the Secretary. 

22 (2) LIMITATION ON LIABILITY.—No cause of action shall lie in any 

23 court against a private entity for assistance provided to the Secretary 

24 in accordance with this section and any contract or agreement entered 

25 into pursuant to subsection (c)(2). 

26 (3) RULE OF CONSTRUCTION.—Nothing in paragraph (2) shall be 

27 construed to authorize an Internet service provider to break a user 

28 agreement with a customer without the consent of the customer. 

29 (f) PRIVACY OFFICER REVIEW.—Not later than December 18, 2016, the 

30 Privacy Officer appointed under section 10543 of this title, in consultation 

31 with the Attorney General, shall review the policies and guidelines for the 

32 program carried out under this section to ensure that the policies and guide33 lines are consistent with applicable privacy laws, including those governing 

34 the acquisition, interception, retention, use, and disclosure of communica35 tions. 

36 (g) AGENCY RESPONSIBILITIES.— 

37 (1) DEFINITION OF AGENCY INFORMATION SYSTEM.—In this sub38 section, the term ‘‘agency information system’’ means an information 

39 system owned or operated by an agency. 

40 (2) IN GENERAL.—Except as provided in paragraph (3)— 


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1 (A) not later than December 18, 2016, or 2 months after the 

2 date on which the Secretary makes available the intrusion detec3 tion and prevention capabilities under subsection (b)(1), whichever 

4 is later, the head of each agency shall apply and continue to utilize 

5 the capabilities to all information traveling between an agency in6 formation system and another information system; and 

7 (B) not later than 6 months after the date on which the Sec8 retary makes available improvements to the intrusion detection 

9 and prevention capabilities pursuant to subsection (b)(2), the head 

10 of each agency shall apply and continue to utilize the improved in11 trusion detection and prevention capabilities. 

12 (3) EXCEPTION.—The requirements under paragraph (2) shall not 

13 apply to the Department of Defense, a national security system, or an 

14 element of the intelligence community. 

15 (4) RULE OF CONSTRUCTION.—Nothing in this subsection shall be 

16 construed to limit an agency from applying the intrusion detection and 

17 prevention capabilities to an information system other than an agency 

18 information system under subsection (b)(1) at the discretion of the 

19 head of the agency or as provided in relevant policies, directives, and 

20 guidelines. 

21 (h) RULE OF CONSTRUCTION.—Nothing in subsection (i) shall be con22 strued to affect the limitation of liability of a private entity for assistance 

23 provided to the Secretary under subsection (d)(2) if the assistance was ren24 dered before the termination date under subsection (i) or otherwise during 

25 a period in which the assistance was authorized. 

26 (i) TERMINATION.—The requirements under subsections (a) through (f) 

27 of this section terminate on December 18, 2022. 

28 § 10550. Cybersecurity strategy 

29 (a) DEFINITION OF HOMELAND SECURITY ENTERPRISE.—In this section, 

30 the term ‘‘Homeland Security Enterprise’’ means relevant governmental and 

31 nongovernmental entities involved in homeland security, including Federal, 

32 State, local, and tribal government officials, private-sector representatives, 

33 academics, and other policy experts. 

34 (b) DEVELOPMENT OF STRATEGY.—The Secretary shall develop a depart35 mental strategy to carry out cybersecurity responsibilities as set forth by 

36 law. 

37 (c) CONTENTS.—The strategy required under subsection (b) shall include 

38 the following: 

39 (1) Strategic and operational goals and priorities to successfully exe40 cute the full range of the Secretary’s cybersecurity responsibilities. 


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1 (2) Information on the programs, policies, and activities that are re2 quired to successfully execute the full range of the Secretary’s cyberse3 curity responsibilities, including programs, policies, and activities in 

4 furtherance of the following: 

5 (A) Cybersecurity functions set forth in section 10545 of this 

6 title. 

7 (B) Cybersecurity investigation capabilities. 

8 (C) Cybersecurity research and development. 

9 (D) Engagement with international cybersecurity partners. 

10 (d) CONSIDERATIONS.—In developing the strategy required under sub11 section (b), the Secretary shall— 

12 (1) consider— 

13 (A) the cybersecurity strategy for the Homeland Security Enter14 prise published by the Secretary in November 2011; 

15 (B) the Department of Homeland Security Fiscal Years 2014– 

16 2018 Strategic Plan; and 

17 (C) the most recent Quadrennial Homeland Security Review 

18 issued pursuant to section 11506 of this title; and 

19 (2) include information on the roles and responsibilities of compo20 nents and offices of the Department, to the extent practicable, to carry 

21 out the strategy. 

22 (e) IMPLEMENTATION PLAN.—Not later than 90 days after the develop23 ment of the strategy required under subsection (b), the Secretary shall issue 

24 an implementation plan for the strategy that includes the following: 

25 (1) Strategic objectives and corresponding tasks. 

26 (2) Projected timelines and costs for the tasks. 

27 (3) Metrics to evaluate performance of the tasks. 

28 (f) CONGRESSIONAL OVERSIGHT.—The Secretary shall submit to Con29 gress for assessment the following: 

30 (1) A copy of the strategy required under subsection (b) on issuance. 

31 (2) A copy of the implementation plan required under subsection (e), 

32 on issuance, together with detailed information on any associated legis33 lative or budgetary proposals. 

34 (g) CLASSIFED INFORMATION.—The strategy required under subsection 

35 (b) shall be in an unclassified form but may contain a classified annex. 

36 (h) RULE OF CONSTRUCTION.—Nothing in this section may be construed 

37 as permitting the Department to engage in monitoring, surveillance, 

38 exfiltration, or other collection activities for the purpose of tracking an indi39 vidual’s personally identifiable information. 


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1 Part B—Cybersecurity Information 

2 Sharing 

3 § 10561. Definitions 

4 In this part: 

5 (1) AGENCY.—The term ‘‘agency’’ has the meaning given the term 

6 in section 3502 of title 44. 

7 (2) ANTITRUST LAWS.—The term ‘‘antitrust laws’’— 

8 (A) has the meaning given the term in the 1st section of the 

9 Clayton Act (15 U.S.C. 12); 

10 (B) includes section 5 of the Federal Trade Commission Act (15 

11 U.S.C. 45) to the extent that section 5 of that Act applies to un12 fair competition; and 

13 (C) includes any State antitrust law, but only to the extent that 

14 the law is consistent with the law referred to in subparagraph (A) 

15 or (B). 

16 (3) APPROPRIATE FEDERAL ENTITIES.—The term ‘‘appropriate fed17 eral entities’’ means the following: 

18 (A) The Department of Commerce. 

19 (B) The Department of Defense. 

20 (C) The Department of Energy. 

21 (D) The Department of Homeland Security. 

22 (E) The Department of Justice. 

23 (F) The Department of the Treasury. 

24 (4) CYBERSECURITY PURPOSE.—The term ‘‘cybersecurity purpose’’ 

25 means the purpose of protecting an information system or information 

26 that is stored on, processed by, or transiting an information system 

27 from a cybersecurity threat or security vulnerability. 

28 (5) CYBERSECURITY THREAT.— 

29 (A) IN GENERAL.—Except as provided in subparagraph (B), the 

30 term ‘‘cybersecurity threat’’ means an action, not protected by the 

31 1st amendment of the Constitution, on or through an information 

32 system that may result in an unauthorized effort to adversely im33 pact the security, availability, confidentiality, or integrity of an in34 formation system or information that is stored on, processed in, 

35 or transiting an information system. 

36 (B) EXCLUSION.—The term ‘‘cybersecurity threat’’ does not in37 clude any action that solely involves a violation of a consumer 

38 term of service or a consumer licensing agreement. 

39 (6) CYBER THREAT INDICATOR.—The term ‘‘cyber threat indicator’’ 

40 means information that is necessary to describe or identify— 


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1 (A) malicious reconnaissance, including anomalous patterns of 

2 communication that appear to be transmitted for the purpose of 

3 gathering technical information relating to a cybersecurity threat 

4 or security vulnerability; 

5 (B) a method of defeating a security control or exploitation of 

6 a security vulnerability; 

7 (C) a security vulnerability, including anomalous activity that 

8 appears to indicate the existence of a security vulnerability; 

9 (D) a method of causing a user with legitimate access to an in10 formation system or information that is stored on, processed by, 

11 or transiting an information system to unwittingly enable the de12 feat of a security control or exploitation of a security vulnerability; 

13 (E) malicious cyber command and control; 

14 (F) the actual or potential harm caused by an incident, includ15 ing a description of the information exfiltrated as a result of a 

16 particular cybersecurity threat; 

17 (G) any other attribute of a cybersecurity threat, if disclosure 

18 of the attribute is not otherwise prohibited by law; or 

19 (H) any combination of subparagraphs (A) through (G). 

20 (7) DEFENSIVE MEASURE.— 

21 (A) IN GENERAL.—Except as provided in subparagraph (B), the 

22 term ‘‘defensive measure’’ means an action, device, procedure, sig23 nature, technique, or other measure applied to an information sys24 tem or information that is stored on, processed by, or transiting 

25 an information system that detects, prevents, or mitigates a known 

26 or suspected cybersecurity threat or security vulnerability. 

27 (B) EXCLUSION.—The term ‘‘defensive measure’’ does not in28 clude a measure that destroys, renders unusable, provides unau29 thorized access to, or substantially harms an information system 

30 or information stored on, processed by, or transiting the informa31 tion system not owned by— 

32 (i) the private entity operating the measure; or 

33 (ii) another entity or Federal entity that may provide con34 sent and has provided consent to that private entity for oper35 ation of the measure. 

36 (8) FEDERAL ENTITY.—The term ‘‘Federal entity’’ means a depart37 ment or agency of the United States or any component of the depart38 ment or agency. 

39 (9) INFORMATION SYSTEM.—The term ‘‘information system’’— 

40 (A) has the meaning given the term in section 3502 of title 44; 

41 and 


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1 (B) includes industrial control systems such as supervisory con2 trol and data acquisition systems, distributed control systems, and 

3 programmable logic controllers. 

4 (10) LOCAL GOVERNMENT.—The term ‘‘local government’’ means 

5 any borough, city, county, parish, town, township, village or other polit6 ical subdivision of a State. 

7 (11) MALICIOUS CYBER COMMAND AND CONTROL.—The term ‘‘mali8 cious cyber command and control’’ means a method for unauthorized 

9 remote identification of, access to, or use of, an information system or 

10 information that is stored on, processed by, or transiting an informa11 tion system. 

12 (12) MALICIOUS RECONNAISSANCE.—The term ‘‘malicious reconnais13 sance’’ means a method for actively probing or passively monitoring an 

14 information system for the purpose of discerning security vulnerabilities 

15 of the information system, if the method is associated with a known 

16 or suspected cybersecurity threat. 

17 (13) MONITOR.—The term ‘‘monitor’’ means to acquire, identify, or 

18 scan, or to possess, information that is stored on, processed by, or 

19 transiting an information system. 

20 (14) NON-FEDERAL ENTITY.— 

21 (A) IN GENERAL.—Except as provided in this paragraph, the 

22 term ‘‘non-Federal entity’’ means any private entity, non-Federal 

23 Government agency or department, or State, tribal, or local gov24 ernment (including a political subdivision, department, or compo25 nent of the government). 

26 (B) INCLUSIONS.—The term ‘‘non-Federal entity’’ includes a 

27 government agency or department of the District of Columbia, 

28 Puerto Rico, the Virgin Islands, Guam, American Samoa, the 

29 Northern Mariana Islands, and any other territory or possession 

30 of the United States. 

31 (C) EXCLUSIONS.—The term ‘‘non-Federal entity’’ does not in32 clude a foreign power as defined in section 101 of the Foreign In33 telligence Surveillance Act of 1978 (50 U.S.C. 1801). 

34 (15) PRIVATE ENTITY.— 

35 (A) IN GENERAL.—Except as provided in this paragraph, the 

36 term ‘‘private entity’’ means any person or private group, organi37 zation, proprietorship, partnership, trust, cooperative organization, 

38 or other commercial or nonprofit entity, including an officer, em39 ployee, or agent. 


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1 (B) INCLUSION.—The term ‘‘private entity’’ includes a State, 

2 tribal, or local government performing utility services, such as 

3 electric, natural gas, or water services. 

4 (C) EXCLUSION.—The term ‘‘private entity’’ does not include a 

5 foreign power as defined in section 101 of the Foreign Intelligence 

6 Surveillance Act of 1978 (50 U.S.C. 1801). 

7 (16) SECURITY CONTROL.—The term ‘‘security control’’ means the 

8 management, operational, and technical controls used to protect 

9 against an unauthorized effort to adversely affect the confidentiality, 

10 integrity, and availability of an information system or its information. 

11 (17) SECURITY VULNERABILITY.–The term ‘‘security vulnerability’’ 

12 means any attribute of hardware, software, process, or procedure that 

13 could enable or facilitate the defeat of a security control. 

14 (18) TRIBAL.—The term ‘‘tribal’’ has the meaning given the term 

15 ‘‘Indian tribe’’ in section 4 of the Indian Self-Determination and Edu16 cation Assistance Act (25 U.S.C. 450b). 

17 § 10562. Procedures for sharing information by Federal Gov18 ernment 

19 (a) IN GENERAL.—Consistent with the protection of classified informa20 tion, intelligence sources and methods, and privacy and civil liberties, the 

21 Director of National Intelligence, the Secretary of Homeland Security, the 

22 Secretary of Defense, and the Attorney General, in consultation with the 

23 heads of the appropriate Federal entities, shall jointly develop and issue pro24 cedures to facilitate and promote— 

25 (1) timely sharing of classified cyber threat indicators and defensive 

26 measures the Federal Government possesses with representatives of rel27 evant Federal entities and non-Federal entities that have appropriate 

28 security clearances; 

29 (2) timely sharing with relevant Federal entities and non-Federal en30 tities of cyber threat indicators, defensive measures, and information 

31 relating to cybersecurity threats or authorized uses under this part, in 

32 the possession of the Federal Government, that may be declassified and 

33 shared at an unclassified level; 

34 (3) timely sharing with relevant Federal entities and non-Federal en35 tities, or the public if appropriate, of unclassified, including controlled 

36 unclassified, cyber threat indicators and defensive measures the Fed37 eral Government possesses; 

38 (4) timely sharing with Federal entities and non-Federal entities, if 

39 appropriate, of information relating to cybersecurity threats or author40 ized uses under this part that the Federal Government possesses about 


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1 cybersecurity threats to those entities to prevent or mitigate adverse ef2 fects from the threats; and 

3 (5) periodic sharing, through publication and targeted outreach, of 

4 cybersecurity best practices that are developed based on ongoing anal5 yses of cyber threat indicators, defensive measures, and information re6 lating to cybersecurity threats or authorized uses under this part, in 

7 the possession of the Federal Government with attention to accessibility 

8 and implementation challenges faced by small business concerns (as de9 fined in section 3 of the Small Business Act (15 U.S.C. 632)). 

10 (b) CONTENT.—The procedures developed under subsection (a) shall— 

11 (1) ensure the Federal Government has and maintains the capability 

12 to share cyber threat indicators and defensive measures in real time 

13 consistent with the protection of classified information; 

14 (2) incorporate to the greatest extent practicable existing processes 

15 and existing roles and responsibilities of Federal entities and non-Fed16 eral entities for information sharing by the Federal Government, in17 cluding sector specific information sharing and analysis centers; 

18 (3) include procedures for notifying, in a timely manner, Federal en19 tities and non-Federal entities that have received a cyber threat indi20 cator or defensive measure from a Federal entity under this part that 

21 is known or determined to be in error or in contravention of the re22 quirements of this part or another provision of Federal law or policy 

23 of the error or contravention; 

24 (4) include requirements for Federal entities sharing cyber threat in25 dicators or defensive measures to implement and utilize security con26 trols to protect against unauthorized access to, or acquisition of, the 

27 indicators or measures; 

28 (5) include procedures that require a Federal entity, prior to the 

29 sharing of a cyber threat indicator— 

30 (A) to— 

31 (i) review the indicator to assess whether the indicator con32 tains any information not directly related to a cybersecurity 

33 threat that the Federal entity knows at the time of sharing 

34 to be personal information of a specific individual or informa35 tion that identifies a specific individual; and 

36 (ii) remove the information; or 

37 (B) to implement and utilize a technical capability configured to 

38 remove information not directly related to a cybersecurity threat 

39 that the Federal entity knows at the time of sharing to be per40 sonal information of a specific individual or information that iden41 tifies a specific individual; and 


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1 (6) include procedures for notifying, in a timely manner, any United 

2 States person whose personal information is known or determined to 

3 have been shared by a Federal entity in violation of this part. 

4 (c) CONSULTATION.—In developing the procedures required under this 

5 section, the Director of National Intelligence, the Secretary, the Secretary 

6 of Defense, and the Attorney General shall consult with appropriate Federal 

7 entities, including the Small Business Administration and the National Lab8 oratories (as defined in section 2 of the Energy Policy Act of 2005 (42 

9 U.S.C. 15801)), to ensure that effective protocols are implemented that will 

10 facilitate and promote the sharing of cyber threat indicators by the Federal 

11 Government in a timely manner. 

12 (d) SUBMITTAL TO CONGRESS.—The Director of National Intelligence, in 

13 consultation with the heads of the appropriate Federal entities, shall submit 

14 to Congress the procedures required by subsection (a). 

15 § 10563. Authorization for preventing, detecting, analyzing, 

16 and mitigating cybersecurity threats. 

17 (a) AUTHORIZATION FOR MONITORING.— 

18 (1) IN GENERAL.—A private entity may, for cybersecurity purposes, 

19 monitor— 

20 (A) an information system of the private entity; 

21 (B) an information system of another non-Federal entity, on the 

22 authorization and written consent of the other entity; 

23 (C) an information system of a Federal entity, on the authoriza24 tion and written consent of an authorized representative of the 

25 Federal entity; and 

26 (D) information that is stored on, processed by, or transiting an 

27 information system monitored by the private entity under this 

28 paragraph. 

29 (2) CONSTRUCTION.—Nothing in paragraph (1) shall be construed 

30 to— 

31 (A) authorize the monitoring of an information system, or the 

32 use of information obtained through the monitoring, other than as 

33 provided in this part; or 

34 (B) limit otherwise lawful activity. 

35 (b) AUTHORIZATION FOR OPERATION OF DEFENSIVE MEASURES.— 

36 (1) IN GENERAL.—A private entity may, for cybersecurity purposes, 

37 operate a defensive measure that is applied to— 

38 (A) an information system of the private entity to protect the 

39 rights or property of the entity; 


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1 (B) an information system of another non-Federal entity, on 

2 written consent of the other entity for operation of the defensive 

3 measure to protect the rights or property of the entity; 

4 (C) an information system of a Federal entity on written con5 sent of an authorized representative of the Federal entity for oper6 ation of the defensive measure to protect the rights or property 

7 of the Federal Government. 

8 (2) CONSTRUCTION.—Nothing in paragraph (1) shall be construed 

9 to— 

10 (A) authorize the use of a defensive measure other than as pro11 vided in paragraph (1); or 

12 (B) limit otherwise lawful activity. 

13 (c) AUTHORIZATION FOR SHARING OR RECEIVING CYBER THREAT INDI14 CATORS OR DEFENSIVE MEASURES.— 

15 (1) IN GENERAL.—Except as provided in paragraph (2), a non-Fed16 eral entity may, for a cybersecurity purpose and consistent with the 

17 protection of classified information, share with, or receive, from, any 

18 other non-Federal entity or the Federal Government a cyber threat in19 dicator or defensive measure. 

20 (2) COMPLIANCE WITH LAWFUL RESTRICTION.—A non-Federal enti21 ty receiving a cyber threat indicator or defensive measure from another 

22 non-Federal entity or a Federal entity shall comply with otherwise law23 ful restrictions placed on the sharing or use of the indicator or defen24 sive measure by the sharing non-Federal entity or Federal entity. 

25 (3) CONSTRUCTION.—Nothing in paragraph (1) shall be construed 

26 to— 

27 (A) authorize the sharing or receiving of a cyber threat indi28 cator or defensive measure other than as provided in paragraph 

29 (1); or 

30 (B) limit otherwise lawful activity. 

31 (d) PROTECTION AND USE OF INFORMATION.— 

32 (1) SECURITY OF INFORMATION.—A non-Federal entity monitoring 

33 an information system, operating a defensive measure, or providing or 

34 receiving a cyber threat indicator or defensive measure under this sec35 tion shall implement and utilize a security control to protect against 

36 unauthorized access to or acquisition of the cyber threat indicator or 

37 defensive measure. 

38 (2) REMOVAL OF CERTAIN PERSONAL INFORMATION.—A non-Fed39 eral entity sharing a cyber threat indicator pursuant to this part shall, 

40 prior to sharing— 


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1 (A) review the cyber threat indicator to assess whether the indi2 cator contains any information not directly related to a cybersecu3 rity threat that the non-Federal entity knows at the time of shar4 ing to be personal information of a specific individual or informa5 tion that identifies a specific individual and remove the informa6 tion; or 

7 (B) implement and utilize a technical capability configured to 

8 remove any information not directly related to a cybersecurity 

9 threat that the non-Federal entity knows at the time of sharing 

10 to be personal information of a specific individual or information 

11 that identifies a specific individual. 

12 (3) USE OF CYBER THREAT INDICATORS AND DEFENSIVE MEASURES

13 BY NON-FEDERAL ENTITIES.— 

14 (A) IN GENERAL.—Consistent with this part, a cyber threat in15 dicator or defensive measure shared or received under this section 

16 may, for cybersecurity purposes— 

17 (i) be used by a non-Federal entity to monitor or operate 

18 a defensive measure that is applied to— 

19 (I) an information system of the non-Federal entity; 

20 or 

21 (II) an information system of another non-Federal en22 tity or a Federal entity on the written consent of the 

23 other non-Federal entity or that Federal entity; and 

24 (ii) be otherwise used, retained, and further shared by a 

25 non-Federal entity subject to— 

26 (I) an otherwise lawful restriction placed by the shar27 ing non-Federal entity or Federal entity on the cyber 

28 threat indicator or defensive measure; or 

29 (II) an otherwise applicable provision of law. 

30 (B) CONSTRUCTION.—Nothing in subparagraph (A) shall be 

31 construed to authorize the use of a cyber threat indicator or defen32 sive measure other than as provided in this section. 

33 (4) USE OF CYBER THREAT INDICATORS BY STATE, TRIBAL, OR

34 LOCAL GOVERNMENT.— 

35 (A) LAW ENFORCEMENT USE.—A State, tribal, or local govern36 ment that receives a cyber threat indicator or defensive measure 

37 under this part may use the cyber threat indicator or defensive 

38 measure for the purposes described in section 10564(e)(5)(A) of 

39 this title. 

40 (B) EXEMPTION FROM DISCLOSURE.—A cyber threat indicator 

41 or defensive measure shared by or with a State, tribal, or local 


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1 government, including a component of a State, tribal, or local gov2 ernment that is a private entity, under this section shall be— 

3 (i) considered voluntarily shared information; and 

4 (ii) exempt from disclosure under any provision of State, 

5 tribal, or local freedom of information law, open government 

6 law, open meetings law, open records law, sunshine law, or 

7 similar law requiring disclosure of information or records. 

8 (C) STATE, TRIBAL, AND LOCAL REGULATORY AUTHORITY.— 

9 (i) IN GENERAL.—Except as provided in clause (ii), a cyber 

10 threat indicator or defensive measure shared with a State, 

11 tribal, or local government under this part shall not be used 

12 by any State, tribal, or local government to regulate, includ13 ing an enforcement action, the lawful activity of any non-Fed14 eral entity or any activity taken by a non-Federal entity pur15 suant to mandatory standards, including an activity relating 

16 to monitoring, operating a defensive measure, or sharing a 

17 cyber threat indicator. 

18 (ii) REGULATORY AUTHORITY SPECIFICALLY RELATING TO

19 PREVENTION OR MITIGATION OF CYBERSECURITY

20 THREATS.—A cyber threat indicator or defensive measure 

21 shared as described in clause (i) may, consistent with a State, 

22 tribal, or local government regulatory authority specifically re23 lating to the prevention or mitigation of cybersecurity threats 

24 to information systems, inform the development or implemen25 tation of a regulation relating to the information systems. 

26 (e) ANTITRUST EXEMPTION.— 

27 (1) IN GENERAL.—Except as provided in section 10569(e) of this 

28 title, it shall not be considered a violation of any provision of antitrust 

29 laws for 2 or more private entities to exchange or provide a cyber 

30 threat indicator or defensive measure, or assistance, relating to the pre31 vention, investigation, or mitigation of a cybersecurity threat, for cyber32 security purposes under this part. 

33 (2) APPLICABILITY.—Paragraph (1) shall apply only to information 

34 that is exchanged or assistance provided to assist with— 

35 (A) facilitating the prevention, investigation, or mitigation of a 

36 cybersecurity threat to an information system or information that 

37 is stored on, processed by, or transiting an information system; or 

38 (B) communicating or disclosing a cyber threat indicator to help 

39 prevent, investigate, or mitigate the effect of a cybersecurity threat 

40 to an information system or information that is stored on, proc41 essed by, or transiting an information system. 


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1 (f) NO RIGHT OR BENEFIT.—The sharing of a cyber threat indicator or 

2 defensive measure with a non-Federal entity under this part shall not create 

3 a right or benefit to similar information by the non-Federal entity or any 

4 other non-Federal entity. 

5 § 10564. Sharing of cyber threat indicators and defensive 

6 measures with Federal Government 

7 (a) DEVELOPMENT OF POLICIES AND PROCEDURES.—The Attorney Gen8 eral and the Secretary shall, in consultation with the heads of the appro9 priate Federal entities, jointly issue and make publicly available policies and 

10 procedures relating to the receipt of cyber threat indicators and defensive 

11 measures by the Federal Government. Consistent with the guidelines re12 quired by subsection (d), the policies and procedures shall ensure— 

13 (1) that cyber threat indicators shared with the Federal Government 

14 by any non-Federal entity pursuant to section 10563(c) of this title 

15 through the real-time process described in subsection (d)— 

16 (A) are shared in an automated manner with all appropriate 

17 Federal entities; 

18 (B) are only subject to a delay, modification, or other action due 

19 to controls established for the real-time process that could impede 

20 real-time receipt by all appropriate Federal entities when the 

21 delay, modification, or other action is due to controls— 

22 (i) agreed on unanimously by all of the heads of the appro23 priate Federal entities; 

24 (ii) carried out before any appropriate Federal entity re25 tains or uses the cyber threat indicators or defensive meas26 ures; and 

27 (iii) uniformly applied so that each appropriate Federal en28 tity is subject to the same delay, modification, or other ac29 tion; and 

30 (C) may be provided to other Federal entities; 

31 (2) that cyber threat indicators shared with the Federal Government 

32 by any non-Federal entity pursuant to section 10563 of this title in a 

33 manner other than the real-time process described in subsection (d)— 

34 (A) are shared as quickly as operationally practicable with all 

35 appropriate Federal entities; 

36 (B) are not subject to any unnecessary delay, interference, or 

37 any other action that could impede receipt by all appropriate Fed38 eral entities; and 

39 (C) may be provided to other Federal entities; and 

40 (3) there are— 

41 (A) audit capabilities; and 


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1 (B) appropriate sanctions in place for officers, employees, or 

2 agents of a Federal entity who knowingly and willfully conduct ac3 tivities under this part in an unauthorized manner. 

4 (b) GUIDELINES FOR ENTITIES SHARING CYBER THREAT INDICATORS

5 WITH FEDERAL GOVERNMENT.—The Attorney General and the Secretary 

6 jointly shall develop and make publicly available guidance to assist entities 

7 and promote sharing of cyber threat indicators with Federal entities under 

8 this part. The guidelines shall include guidance on the following: 

9 (1) Identification of types of information that would qualify as a 

10 cyber threat indicator under this part that would be unlikely to include 

11 information that— 

12 (A) is not directly related to a cybersecurity threat; and 

13 (B) is personal information of a specific individual or informa14 tion that identifies a specific individual. 

15 (2) Identification of types of information protected under otherwise 

16 applicable privacy laws that are unlikely to be directly related to a cy17 bersecurity threat. 

18 (3) Such other matters as the Attorney General and the Secretary 

19 consider appropriate for entities sharing cyber threat indicators with 

20 Federal entities under this part. 

21 (c) PRIVACY AND CIVIL LIBERTIES.— 

22 (1) ISSUANCE AND AVAILABILITY OF GUIDELINES.—The Attorney 

23 General and the Secretary shall, in coordination with the heads of the 

24 appropriate Federal entities and in consultation with officers des25 ignated undersection 1062 of the Intelligence Reform and Terrorism 

26 Prevention Act of 2004 (42 U.S.C. 2000ee–1) and such private entities 

27 with industry expertise as the Attorney General and the Secretary con28 sider relevant, jointly issue and make publicly available final guidelines 

29 relating to privacy and civil liberties that shall govern the receipt, re30 tention, use, and dissemination of cyber threat indicators by a Federal 

31 entity obtained in connection with activities authorized in this part. 

32 (2) CONTENT.—The guidelines shall, consistent with the need to pro33 tect information systems from cybersecurity threats and mitigate cyber34 security threats— 

35 (A) limit the effect on privacy and civil liberties of activities by 

36 the Federal Government under this part; 

37 (B) limit the receipt, retention, use, and dissemination of cyber 

38 threat indicators containing personal information of specific indi39 viduals or information that identifies specific individuals, including 

40 by establishing— 


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1 (i) a process for the timely destruction of the information 

2 that is known not to be directly related to uses authorized 

3 under this part; and 

4 (ii) specific limitations on the length of any period in which 

5 a cyber threat indicator may be retained; 

6 (C) include requirements to safeguard cyber threat indicators 

7 containing personal information of specific individuals or informa8 tion that identifies specific individuals from unauthorized access or 

9 acquisition, including appropriate sanctions for activities by offi10 cers, employees, or agents of the Federal Government in con11 travention of the guidelines; 

12 (D) consistent with this part, any other applicable provisions of 

13 law, and the fair information practice principles set forth in ap14 pendix A of the document entitled ‘‘National Strategy for Trusted 

15 Identities in Cyberspace’’ and published by the President in April 

16 2011, govern the retention, use, and dissemination by the Federal 

17 Government of cyber threat indicators shared with the Federal 

18 Government under this part, including the extent to which the 

19 cyber threat indicators may be used by the Federal Government; 

20 (E) include procedures for notifying entities and Federal enti21 ties if information received pursuant to this section is known or 

22 determined by a Federal entity receiving the information not to 

23 constitute a cyber threat indicator; 

24 (F) protect the confidentiality of cyber threat indicators con25 taining personal information of specific individuals or information 

26 that identifies specific individuals to the greatest extent practicable 

27 and require recipients to be informed that the indicators may only 

28 be used for purposes authorized under this part; and 

29 (G) include steps that may be needed so that dissemination of 

30 cyber threat indicators is consistent with the protection of classi31 fied and other sensitive national security information. 

32 (3) PERIODIC REVIEW.—The Attorney General and the Secretary 

33 shall, in coordination with the heads of the appropriate Federal entities 

34 and in consultation with officers and private entities described in para35 graph (1), periodically, but not less frequently than once every 2 years, 

36 jointly review the guidelines issued under paragraph (1). 

37 (d) CAPABILITY AND PROCESS IN THE DEPARTMENT.— 

38 (1) IN GENERAL.—The Secretary, in coordination with the heads of 

39 the appropriate Federal entities, shall develop and implement a capa40 bility and process in the Department that— 


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1 (A) shall accept from any non-Federal entity in real time cyber 

2 threat indicators and defensive measures, pursuant to this section; 

3 (B) on submittal of the certification under paragraph (2) that 

4 the capability and process fully and effectively operates as de5 scribed in paragraph (2), shall be the process by which the Fed6 eral Government receives cyber threat indicators and +defensive 

7 measures under this part that are shared by a non-Federal entity 

8 with the Federal Government through electronic mail or media, an 

9 interactive form on an Internet website, or a real time, automated 

10 process between information systems, except— 

11 (i) consistent with section 10563 of this title, communica12 tions between a Federal entity and a non-Federal entity re13 garding a previously shared cyber threat indicator to— 

14 (I) describe the relevant cybersecurity threat; or 

15 (II) develop a defensive measure based on the cyber 

16 threat indicator; and 

17 (ii) communications by a regulated non-Federal entity with 

18 the entity’s Federal regulatory authority regarding a cyberse19 curity threat; 

20 (C) ensures that all of the appropriate Federal entities receive 

21 in an automated manner cyber threat indicators and defensive 

22 measures shared through the real-time process in the Department; 

23 (D) is in compliance with the policies, procedures, and guide24 lines required by this section; and 

25 (E) does not limit or prohibit otherwise lawful disclosures of 

26 communications, records, or other information, including— 

27 (i) reporting known or suspected criminal activity, by a 

28 non-Federal entity to any other non-Federal entity or a Fed29 eral entity, including cyber threat indicators or defensive 

30 measures shared with a Federal entity in furtherance of open31 ing a Federal law enforcement investigation; 

32 (ii) voluntary or legally compelled participation in a Fed33 eral investigation; and 

34 (iii) providing cyber threat indicators or defensive measures 

35 as part of a statutory or authorized contractual requirement. 

36 (2) CERTIFICATION AND DESIGNATION.— 

37 (A) CERTIFICATION OF CAPABILITY AND PROCESS.—The Sec38 retary shall, in consultation with the heads of the appropriate Fed39 eral entities, submit to Congress a certification as to whether the 

40 capability and process required by paragraph (1) fully and effec41 tively operates— 


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1 (i) as the process by which the Federal Government re2 ceives from any non-Federal entity a cyber threat indicator 

3 or defensive measure under this part; and 

4 (ii) in accordance with the interim policies, procedures, and 

5 guidelines developed under this part. 

6 (B) DESIGNATION.— 

7 (i) IN GENERAL.—At any time after certification is sub8 mitted under subparagraph (A), the President may designate 

9 an appropriate Federal entity, other than the Department of 

10 Defense (including the National Security Agency), to develop 

11 and implement a capability and process as described in para12 graph (1) in addition to the capability and process developed 

13 under paragraph (1) by the Secretary, if, not fewer than 30 

14 days before making the designation, the President submits to 

15 Congress a certification and explanation that— 

16 (I) the designation is necessary to ensure full, effec17 tive, and secure operation of a capability and process for 

18 the Federal Government to receive from any non-Federal 

19 entity cyber threat indicators or defensive measures 

20 under this part; 

21 (II) the designated appropriate Federal entity will re22 ceive and share cyber threat indicators and defensive 

23 measures in accordance with the policies, procedures, 

24 and guidelines developed under this part, including sub25 section (a)(1); and 

26 (III) the designation is consistent with the mission of 

27 the appropriate Federal entity and improves the ability 

28 of the Federal Government to receive, share, and use 

29 cyber threat indicators and defensive measures as au30 thorized under this part. 

31 (ii) APPLICATION TO ADDITIONAL CAPABILITY AND PROC32 ESS.—If the President designates an appropriate Federal en33 tity to develop and implement a capability and process under 

34 clause (i), the provisions of this part that apply to the capa35 bility and process required by paragraph (1) apply to the ca36 pability and process developed and implemented under clause 

37 (i). 

38 (3) PUBLIC NOTICE AND ACCESS.—The Secretary shall ensure there 

39 is public notice of, and access to, the capability and process developed 

40 and implemented under paragraph (1) so that— 


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1 (A) any non-Federal entity may share cyber threat indicators 

2 and defensive measures through the process with the Federal Gov3 ernment; and 

4 (B) all of the appropriate Federal entities receive the cyber 

5 threat indicators and defensive measures in real time with receipt 

6 through the process in the Department consistent with the policies 

7 and procedures issued under subsection (a). 

8 (4) OTHER FEDERAL ENTITIES.—The process developed and imple9 mented under paragraph (1) shall ensure that other Federal entities re10 ceive in a timely manner any cyber threat indicators and defensive 

11 measures shared with the Federal Government through the process. 

12 (e) INFORMATION SHARED WITH OR PROVIDED TO FEDERAL GOVERN13 MENT.— 

14 (1) NO WAIVER OF PRIVILEGE OR PROTECTION.—The provision of 

15 cyber threat indicators and defensive measures to the Federal Govern16 ment under this part shall not constitute a waiver of any applicable 

17 privilege or protection provided by law, including trade secret protec18 tion. 

19 (2) PROPRIETARY INFORMATION.—Consistent with section 

20 10563(c)(2) of this title and any other applicable provision of law, a 

21 cyber threat indicator or defensive measure provided by a non-Federal 

22 entity to the Federal Government under this part shall be considered 

23 the commercial, financial, and proprietary information of the non-Fed24 eral entity when so designated by the originating non-Federal entity or 

25 a 3d party acting in accordance with the written authorization of the 

26 originating non-Federal entity. 

27 (3) EXEMPTION FROM DISCLOSURE.—A cyber threat indicator or de28 fensive measure shared with the Federal Government under this part 

29 shall be— 

30 (A) deemed voluntarily shared information and exempt from dis31 closure under section 552 of title 5 and any State, tribal, or local 

32 provision of law requiring disclosure of information or records; and 

33 (B) withheld, without discretion, from the public under section 

34 552(b)(3)(B) of title 5 and any State, tribal, or local provision of 

35 law requiring disclosure of information or records. 

36 (4) EX PARTE COMMUNICATIONS.—The provision of a cyber threat 

37 indicator or defensive measure to the Federal Government under this 

38 part shall not be subject to a rule of any Federal agency or department 

39 or any judicial doctrine regarding ex parte communications with a deci40 sion-making official. 

41 (5) DISCLOSURE, RETENTION, AND USE.— 


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1 (A) AUTHORIZED ACTIVITIES.—Cyber threat indicators and de2 fensive measures provided to the Federal Government under this 

3 part may, consistent with otherwise applicable provisions of Fed4 eral law, be disclosed to, retained by, and used by any Federal 

5 agency or department, component, officer, employee, or agent of 

6 the Federal Government solely for— 

7 (i) a cybersecurity purpose; 

8 (ii) the purpose of identifying— 

9 (I) a cybersecurity threat, including the source of the 

10 cybersecurity threat; or 

11 (II) a security vulnerability; 

12 (iii) the purpose of responding to, or otherwise preventing 

13 or mitigating, a specific threat of death, a specific threat of 

14 serious bodily harm, or a specific threat of serious economic 

15 harm, including a terrorist act or a use of a weapon of mass 

16 destruction; 

17 (iv) the purpose of responding to, investigating, pros18 ecuting, or otherwise preventing or mitigating, a serious 

19 threat to a minor, including sexual exploitation and threats 

20 to physical safety; or 

21 (v) the purpose of preventing, investigating, disrupting, or 

22 prosecuting an offense arising out of a threat described in 

23 clause (iii) or any of the offenses listed in sections 1028 

24 through 1030 and chapters 37 and 90 of title 18. 

25 (B) PROHIBITED ACTIVITIES.—Cyber threat indicators and de26 fensive measures provided to the Federal Government under this 

27 part shall not be disclosed to, retained by, or used by any Federal 

28 agency or department for any use not permitted under subpara29 graph (A). 

30 (C) PRIVACY AND CIVIL LIBERTIES.—Cyber threat indicators 

31 and defensive measures provided to the Federal Government under 

32 this part shall be retained, used, and disseminated by the Federal 

33 Government— 

34 (i) in accordance with the policies, procedures, and guide35 lines required by subsections (a) through (c); 

36 (ii) in a manner that protects from unauthorized use or 

37 disclosure any cyber threat indicators that may contain— 

38 (I) personal information of a specific individual; or 

39 (II) information that identifies a specific individual; 

40 and 


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1 (iii) in a manner that protects the confidentiality of cyber 

2 threat indicators containing— 

3 (I) personal information of a specific individual; or 

4 (II) information that identifies a specific individual. 

5 (D) FEDERAL REGULATORY AUTHORITY.— 

6 (i) IN GENERAL.—Except as provided in clause (ii), cyber 

7 threat indicators and defensive measures provided to the Fed8 eral Government under this part shall not be used by any 

9 Federal, State, tribal, or local government to regulate, includ10 ing an enforcement action, the lawful activities of any non11 Federal entity or any activities taken by a non-Federal entity 

12 pursuant to mandatory standards, including activities relating 

13 to monitoring, operating defensive measures, or sharing cyber 

14 threat indicators. 

15 (ii) EXCEPTIONS.— 

16 (I) REGULATORY AUTHORITY SPECIFICALLY RELATING

17 TO PREVENTION OR MITIGATION OF CYBERSECURITY

18 THREATS.—Cyber threat indicators and defensive meas19 ures provided to the Federal Government under this part 

20 may, consistent with Federal or State regulatory author21 ity specifically relating to the prevention or mitigation of 

22 cybersecurity threats to information systems, inform the 

23 development or implementation of regulations relating to 

24 the information systems. 

25 (II) PROCEDURES DEVELOPED AND IMPLEMENTED

26 UNDER THIS PART.—Clause (i) shall not apply to proce27 dures developed and implemented under this part. 

28 § 10565. Protection from liability 

29 (a) MONITORING OF INFORMATION SYSTEMS.—No cause of action shall 

30 be brought in any court against any private entity, and the action shall be 

31 promptly dismissed, for the monitoring of an information system and infor32 mation under section 10563(a) of this title that is conducted in accordance 

33 with this part. 

34 (b) SHARING OR RECEIPT OF CYBER THREAT INDICATORS.—No cause of 

35 action shall be brought in any court against any private entity, and the ac36 tion shall be promptly dismissed, for the sharing or receipt of a cyber threat 

37 indicator or defensive measure under section 10563(c) of this title if— 

38 (1) the sharing or receipt is conducted in accordance with this part; 

39 and 

40 (2) in a case in which a cyber threat indicator or defensive measure 

41 is shared with the Federal Government, the cyber threat indicator or 


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1 defensive measure is shared in a manner that is consistent with section 

2 10564(d)(1)(B) of this title. 

3 (c) CONSTRUCTION.—Nothing in this part shall be construed— 

4 (1) to create— 

5 (A) a duty to share a cyber threat indicator or defensive meas6 ure; or 

7 (B) a duty to warn or act based on the receipt of a cyber threat 

8 indicator or defensive measure; or 

9 (2) to undermine or limit the availability of otherwise applicable com10 mon law or statutory defenses. 

11 § 10566. Oversight of Government activities 

12 (a) REPORT ON IMPLEMENTATION.—Not later than December 18, 2016, 

13 the heads of the appropriate Federal entities shall jointly submit to Con14 gress a detailed report concerning the implementation of this part. The re15 port may include such recommendations as the heads of the appropriate 

16 Federal entities may have for improvements or modifications to the authori17 ties, policies, procedures, and guidelines under this part and shall include 

18 the following: 

19 (1) An evaluation of the effectiveness of real-time information shar20 ing through the capability and process developed under section 

21 10564(d) of this title, including any impediments to real-time sharing. 

22 (2) An assessment of whether cyber threat indicators or defensive 

23 measures have been properly classified and an accounting of the num24 ber of security clearances authorized by the Federal Government for 

25 sharing cyber threat indicators or defensive measures with the private 

26 sector. 

27 (3) The number of cyber threat indicators or defensive measures re28 ceived through the capability and process developed under section 

29 10564(d) of this title. 

30 (4) A list of Federal entities that have received cyber threat indica31 tors or defensive measures under this part. 

32 (b) BIENNIAL REPORT ON COMPLIANCE.— 

33 (1) WHEN REPORT SHALL BE SUBMITTED.—Not later than Decem34 ber 18, 2017, and not less frequently than once every 2 years there35 after, the inspectors general of the appropriate Federal entities, in con36 sultation with the Inspector General of the Intelligence Community and 

37 the Council of Inspectors General on Financial Oversight, shall jointly 

38 submit to Congress an interagency report on the actions of the execu39 tive branch of the Federal Government to carry out this part during 

40 the most recent 2-year period. 


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1 (2) CONTENTS.—Each report shall include, for the period covered by 

2 the report, the following: 

3 (A) An assessment of the sufficiency of the policies, procedures, 

4 and guidelines relating to the sharing of cyber threat indicators in 

5 the Federal Government, including those policies, procedures, and 

6 guidelines relating to the removal of information not directly re7 lated to a cybersecurity threat that is personal information of a 

8 specific individual or information that identifies a specific indi9 vidual. 

10 (B) An assessment of whether cyber threat indicators or defen11 sive measures have been properly classified and an accounting of 

12 the number of security clearances authorized by the Federal Gov13 ernment for the purpose of sharing cyber threat indicators or de14 fensive measures with the private sector. 

15 (C) A review of the actions taken by the Federal Government 

16 based on cyber threat indicators or defensive measures shared with 

17 the Federal Government under this part, including a review of the 

18 following: 

19 (i) The appropriateness of subsequent uses and dissemina20 tions of cyber threat indicators or defensive measures. 

21 (ii) Whether cyber threat indicators or defensive measures 

22 were shared in a timely and adequate manner with appro23 priate entities, or, if appropriate, were made publicly avail24 able. 

25 (D) An assessment of the cyber threat indicators or defensive 

26 measures shared with the appropriate Federal entities under this 

27 part, including the following: 

28 (i) The number of cyber threat indicators or defensive 

29 measures shared through the capability and process developed 

30 under section 10564(d) of this title. 

31 (ii) An assessment of any information not directly related 

32 to a cybersecurity threat that is personal information of a 

33 specific individual or information identifying a specific indi34 vidual and was shared by a non-Federal government entity 

35 with the Federal Government in contravention of this part, or 

36 was shared in the Federal Government in contravention of 

37 the guidelines required by this part, including a description 

38 of any significant violation of this part. 

39 (iii) The number of times, according to the Attorney Gen40 eral, that information shared under this part was used by a 


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1 Federal entity to prosecute an offense listed in section 

2 10564(e)(5)(A) of this title. 

3 (iv) A quantitative and qualitative assessment of the effect 

4 of the sharing of cyber threat indicators or defensive meas5 ures with the Federal Government on the privacy and civil 

6 liberties of specific individuals, including the number of no7 tices that were issued with respect to a failure to remove in8 formation not directly related to a cybersecurity threat that 

9 was personal information of a specific individual or informa10 tion that identified a specific individual in accordance with 

11 the procedures required by section 10564(c)(2)(E) of this 

12 title. 

13 (v) The adequacy of any steps taken by the Federal Gov14 ernment to reduce any adverse effect from activities carried 

15 out under this part on the privacy and civil liberties of United 

16 States persons. 

17 (E) An assessment of the sharing of cyber threat indicators or 

18 defensive measures among Federal entities to identify inappro19 priate barriers to sharing information. 

20 (3) RECOMMENDATIONS.—Each report may include such rec21 ommendations as the inspectors general may have for improvements or 

22 modifications to the authorities and processes under this part. 

23 (c) INDEPENDENT REPORT ON REMOVAL OF PERSONAL INFORMATION.— 

24 Not later than December 18, 2018, the Comptroller General shall submit 

25 to Congress a report on the actions taken by the Federal Government to 

26 remove personal information from cyber threat indicators or defensive meas27 ures pursuant to this part. The report shall include an assessment of the 

28 sufficiency of the policies, procedures, and guidelines established under this 

29 part in addressing concerns relating to privacy and civil liberties. 

30 (d) FORM OF REPORTS.—Each report required under this section shall 

31 be submitted in an unclassified form, but may include a classified annex. 

32 (e) PUBLIC AVAILABILITY OF REPORTS.—The unclassified portions of the 

33 reports required under this section shall be made available to the public. 

34 § 10567. Report on cybersecurity threats 

35 (a) DEFINITION OF INTELLIGENCE COMMUNITY.—In this section, the 

36 term ‘‘intelligence community’’ has the meaning given that term in section 

37 3 of the National Security Act of 1947 (50 U.S.C. 3003). 

38 (b) WHEN REPORT SHALL BE SUBMITTED.—Not later than 180 days 

39 after December 18, 2015, the Director of National Intelligence, in coordina40 tion with the heads of other appropriate elements of the intelligence commu41 nity, shall submit to the Select Committee on Intelligence of the Senate and 


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1 the Permanent Select Committee on Intelligence of the House of Represent2 atives a report on cybersecurity threats, including cyberattacks, theft, and 

3 data breaches. 

4 (c) CONTENTS.—The report shall include the following: 

5 (1) An assessment of the current intelligence sharing and coopera6 tion relationships of the United States with other countries regarding 

7 cybersecurity threats, including cyberattacks, theft, and data breaches, 

8 directed against the United States that threaten the United States’ na9 tional security interests, economy, and intellectual property, specifically 

10 identifying the relative utility of the relationships, which elements of 

11 the intelligence community participate in the relationships, and whether 

12 and how the relationships could be improved. 

13 (2) A list and an assessment of the countries and nonstate actors 

14 that are the primary threats of carrying out a cybersecurity threat, in15 cluding a cyberattack, theft, or data breach, against the United States 

16 that threatens the United States’ national security, economy, and intel17 lectual property. 

18 (3) A description of the extent to which the capabilities of the United 

19 States Government to respond to or prevent cybersecurity threats, in20 cluding cyberattacks, theft, or data breaches, directed against the 

21 United States private sector are degraded by a delay in the prompt no22 tification by private entities of those threats or cyberattacks, theft, and 

23 data breaches. 

24 (4) An assessment of additional technologies or capabilities that 

25 would enhance the ability of the United States to prevent and to re26 spond to cybersecurity threats, including cyberattacks, theft, and data 

27 breaches. 

28 (5) An assessment of any technologies or practices utilized by the 

29 private sector that could be rapidly fielded to assist the intelligence 

30 community in preventing and responding to cybersecurity threats. 

31 (d) FORM OF REPORT.—The report required by subsection (b) shall be 

32 made available in classified and unclassified forms. 

33 § 10568. Exception to limitation on authority of Secretary of 

34 Defense to disseminate information 

35 Notwithstanding section 393(c)(3) of title 10, the Secretary of Defense 

36 may authorize the sharing of cyber threat indicators and defensive measures 

37 pursuant to the policies, procedures, and guidelines developed or issued 

38 under this part. 

39 § 10569. Construction and preemption 

40 (a) OTHERWISE LAWFUL DISCLOSURES.—Nothing in this part shall be 

41 construed— 


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1 (1) to limit or prohibit otherwise lawful disclosures of communica2 tions, records, or other information, including reporting of known or 

3 suspected criminal activity, by a non-Federal entity to any other non4 Federal entity or the Federal Government under this part; or 

5 (2) to limit or prohibit otherwise lawful use of the disclosures by any 

6 Federal entity, even when the otherwise lawful disclosures duplicate or 

7 replicate disclosures made under this part. 

8 (b) WHISTLE BLOWER PROTECTIONS.—Nothing in this part shall be con9 strued to prohibit or limit the disclosure of information protected under sec10 tion 2302(b)(8) or 7211 of title 5, section 1034 of title 10, section 1104 

11 of the National Security Act of 1947 (50 U.S.C. 3234), or any similar pro12 vision of Federal or State law. 

13 (c) PROTECTION OF SOURCES AND METHODS.—Nothing in this part shall 

14 be construed— 

15 (1) as creating any immunity against, or otherwise affecting, any ac16 tion brought by the Federal Government, or any agency or department 

17 of the Government, to enforce any law, executive order, or procedure 

18 governing the appropriate handling, disclosure, or use of classified in19 formation; 

20 (2) to affect the conduct of authorized law enforcement or intel21 ligence activities; or 

22 (3) to modify the authority of a department or agency of the Federal 

23 Government to protect classified information and sources and methods 

24 and the national security of the United States. 

25 (d) RELATIONSHIP TO OTHER LAWS.—Nothing in this part shall be con26 strued to affect any requirement under any other provision of law for a non27 Federal entity to provide information to the Federal Government. 

28 (e) PROHIBITED CONDUCT.—Nothing in this part shall be construed to 

29 permit price-fixing, allocating a market between competitors, monopolizing 

30 or attempting to monopolize a market, boycotting, or exchanging price or 

31 cost information, customer lists, or information regarding future competitive 

32 planning. 

33 (f) INFORMATION SHARING RELATIONSHIPS.—Nothing in this part shall 

34 be construed— 

35 (1) to limit or modify an existing information sharing relationship; 

36 (2) to prohibit a new information sharing relationship; 

37 (3) to require a new information sharing relationship between any 

38 non-Federal entity and a Federal entity or another non-Federal entity; 

39 or 

40 (4) to require the use of the capability and process in the Depart41 ment developed under section 10564(d) of this title. 


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1 (g) PRESERVATION OF CONTRACTUAL OBLIGATIONS AND RIGHTS.— 

2 Nothing in this part shall be construed— 

3 (1) to amend, repeal, or supersede any current or future contractual 

4 agreement, terms of service agreement, or other contractual relation5 ship between non-Federal entities, or between a non-Federal entity and 

6 a Federal entity; or 

7 (2) to abrogate trade secret or intellectual property rights of a non8 Federal entity or Federal entity. 

9 (h) ANTI-TASKING RESTRICTION.—Nothing in this part shall be con10 strued to permit a Federal entity— 

11 (1) to require a non-Federal entity to provide information to a Fed12 eral entity or another non-Federal entity; 

13 (2) to condition the sharing of cyber threat indicators with a non14 Federal entity on the entity’s provision of cyber threat indicators to a 

15 Federal entity or another non-Federal entity; or 

16 (3) to condition the award of a Federal grant, contract, or purchase 

17 on the provision of a cyber threat indicator to a Federal entity or an18 other non-Federal entity. 

19 (i) NO LIABILITY FOR NON-PARTICIPATION.—Nothing in this part shall 

20 be construed to subject any entity to liability for choosing not to engage 

21 in the voluntary activities authorized in this part. 

22 (j) USE AND RETENTION OF INFORMATION.—Nothing in this part shall 

23 be construed to authorize, or to modify any existing authority of, a depart24 ment or agency of the Federal Government to retain or use any information 

25 shared under this part for any use other than permitted in this part. 

26 (k) FEDERAL PREEMPTION.— 

27 (1) IN GENERAL.—This part supersedes any statute or other provi28 sion of law of a State or political subdivision of a State that restricts 

29 or otherwise expressly regulates an activity authorized under this part. 

30 (2) STATE LAW ENFORCEMENT.—Nothing in this part shall be con31 strued to supersede any statute or other provision of law of a State 

32 or political subdivision of a State concerning the use of authorized law 

33 enforcement practices and procedures. 

34 (l) REGULATORY AUTHORITY.—Nothing in this part shall be construed— 

35 (1) to authorize the prescribing of any regulations not specifically 

36 authorized to be issued under this part; 

37 (2) to establish or limit any regulatory authority not specifically es38 tablished or limited under this part; or 

39 (3) to authorize regulatory actions that would duplicate or conflict 

40 with regulatory requirements, mandatory standards, or related proc41 esses under another provision of Federal law. 


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1 (m) AUTHORITY OF SECRETARY OF DEFENSE TO RESPOND TO MALI2 CIOUS CYBER ACTIVITY CARRIED OUT BY FOREIGN POWERS.—Nothing in 

3 this part shall be construed to limit the authority of the Secretary of De4 fense under section 130g of title 10. 

5 (n) DISCLOSURE IN CRIMINAL PROSECUTION.—Nothing in this part shall 

6 be construed to prevent the disclosure of a cyber threat indicator or defen7 sive measure shared under this part in a criminal prosecution when an ap8 plicable provision of Federal, State, tribal, or local law requires disclosure 

9 in the case. 

10 § 10570. Effective period 

11 (a) IN GENERAL.—Except as provided in subsection (b), this part and 

12 the amendments made by the Cybersecurity Information Sharing Act of 

13 2015 (Public Law 114–113, div. N, title I, 129 Stat. 2936) are effective 

14 during the period ending on September 30, 2025. 

15 (b) EXCEPTION.—With respect to any action authorized by this part or 

16 information obtained pursuant to an action authorized by this part that oc17 curs before the date on which the provisions referred to in subsection (a) 

18 cease to have effect, the provisions of this part shall continue in effect. 

19 Part C—Federal Cybersecurity 

20 Enhancement 

21 § 10581. Definitions 

22 In this part: 

23 (1) AGENCY.—The term ‘‘agency’’ has the meaning given the term 

24 in section 3502 of title 44. 

25 (2) AGENCY INFORMATION SYSTEM.–The term ‘‘agency information 

26 system’’ has the meaning given the term in section 10546 of this title. 

27 (3) APPROPRIATE CONGRESSIONAL COMMITTEES.—The term ‘‘appro28 priate congressional committees’’ means— 

29 (A) the Committee on Homeland Security and Governmental 

30 Affairs of the Senate; and 

31 (B) the Committee on Homeland Security of the House of Rep32 resentatives. 

33 (4) CYBERSECURITY RISK.—The term ‘‘cybersecurity risk’’ has the 

34 meaning given the term in section 10545 of this title. 

35 (5) DIRECTOR.—The term ‘‘Director’’ means the Director of the Of36 fice of Management and Budget. 

37 (6) INFORMATION SYSTEM.—The term ‘‘information system’’ has the 

38 meaning given the term in section 10545 of this title. 

39 (7) INTELLIGENCE COMMUNITY.—The term ‘‘intelligence commu40 nity’’ has the meaning given the term in section 3 of the National Se41 curity Act of 1947 (50 U.S.C. 3003). 


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1 (8) NATIONAL SECURITY SYSTEM.—The term ‘‘national security sys2 tem’’ has the meaning given the term in section 11103 of title 40. 

3 § 10582. Advanced internal defenses 

4 (a) ADVANCED NETWORK SECURITY TOOLS.— 

5 (1) IN GENERAL.—The Secretary shall include, in the efforts of the 

6 Department to continuously diagnose and mitigate cybersecurity risks, 

7 advanced network security tools to improve visibility of network activ8 ity, including through the use of commercial and free or open source 

9 tools, and to detect and mitigate intrusions and anomalous activity. 

10 (2) DEVELOPMENT OF PLAN.—The Director shall develop, and the 

11 Secretary shall implement, a plan to ensure that each agency utilizes 

12 advanced network security tools, including those described in paragraph 

13 (1), to detect and mitigate intrusions and anomalous activity. 

14 (b) PRIORITIZING ADVANCED SECURITY TOOLS.—The Director and the 

15 Secretary, in consultation with appropriate agencies, shall— 

16 (1) review and update Government-wide policies and programs to en17 sure appropriate prioritization and use of network security monitoring 

18 tools in agency networks; and 

19 (2) brief appropriate congressional committees on the prioritization 

20 and use. 

21 (c) IMPROVED METRICS.—The Secretary, in collaboration with the Direc22 tor, shall review and update the metrics used to measure security under sec23 tion 3554 of title 44 to include measures of intrusion and incident detection 

24 and response times. 

25 (d) TRANSPARENCY AND ACCOUNTABILITY.—The Director, in consulta26 tion with the Secretary, shall increase transparency to the public on agency 

27 cybersecurity posture, including by increasing the number of metrics avail28 able on Federal Government performance websites and, to the greatest ex29 tent practicable, displaying metrics for department components, small agen30 cies, and micro-agencies. 

31 (e) EXCEPTION.—The requirements under this section shall not apply to 

32 the Department of Defense, a national security system, or an element of 

33 the intelligence community. 

34 § 10583. Federal cybersecurity requirements 

35 (a) IMPLEMENTATION OF FEDERAL CYBERSECURITY STANDARDS.—Con36 sistent with section 3553 of title 44, the Secretary, in consultation with the 

37 Director, shall exercise the authority to issue binding operational directives 

38 to assist the Director in ensuring timely agency adoption of, and compliance 

39 with, policies and standards promulgated under section 11331 of title 40 

40 for securing agency information systems. 

41 (b) CYBERSECURITY REQUIREMENTS AT AGENCIES.— 


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1 (1) IN GENERAL.—Consistent with policies, standards, guidelines, 

2 and directives on information security under subchapter II of chapter 

3 35 of title 44 and the standards and guidelines promulgated under sec4 tion 11331 of title 40 and except as provided in paragraph (2), not 

5 later than December 18, 2016, the head of each agency shall— 

6 (A) identify sensitive and mission critical data stored by the 

7 agency consistent with the inventory required under the first sub8 section (c) (relating to the inventory of major information sys9 tems) and the second subsection (c) (relating to the inventory of 

10 information systems) of section 3505 of title 44; 

11 (B) assess access controls to the data described in subparagraph 

12 (A), the need for readily accessible storage of the data, and indi13 viduals’ need to access the data; 

14 (C) encrypt or otherwise render indecipherable to unauthorized 

15 users the data described in subparagraph (A) that is stored on or 

16 transiting agency information systems; 

17 (D) implement a single sign-on trusted identity platform for in18 dividuals accessing each public website of the agency that requires 

19 user authentication, as developed by the Administrator of General 

20 Services in collaboration with the Secretary; and 

21 (E) implement identity management consistent with section 504 

22 of the Cybersecurity Enhancement Act of 2014 (15 U.S.C. 7464), 

23 including multi-factor authentication, for— 

24 (i) remote access to an agency information system; and 

25 (ii) each user account with elevated privileges on an agency 

26 information system. 

27 (2) EXCEPTION.—The requirements under paragraph (1) shall not 

28 apply to an agency information system for which— 

29 (A) the head of the agency has personally certified to the Direc30 tor with particularity that— 

31 (i) operational requirements articulated in the certification 

32 and related to the agency information system would make it 

33 excessively burdensome to implement the cybersecurity re34 quirement; 

35 (ii) the cybersecurity requirement is not necessary to secure 

36 the agency information system or agency information stored 

37 on or transiting it; and 

38 (iii) the agency has taken all necessary steps to secure the 

39 agency information system and agency information stored on 

40 or transiting it; and 


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1 (B) the head of the agency or the designee of the head of the 

2 agency has submitted the certification described in subparagraph 

3 (A) to the appropriate congressional committees and the agency’s 

4 authorizing committees. 

5 (3) CONSTRUCTION.— 

6 (A) AUTHORITY OF OFFICIALS NOT ALTERED.—Nothing in this 

7 section shall be construed to alter the authority of the Secretary, 

8 the Director, or the Director of the National Institute of Stand9 ards and Technology in implementing subchapter II of chapter 35 

10 of title 44. 

11 (B) DEVELOPMENT OF TECHNOLOGY, STANDARDS, POLICIES, 

12 AND GUIDELINES NOT AFFECTED.—Nothing in this section shall 

13 be construed to affect the National Institute of Standards and 

14 Technology standards process or the requirement under section 

15 3553(a)(4) of title 44 or to discourage continued improvements 

16 and advancements in the technology, standards, policies, and 

17 guidelines used to promote Federal information security. 

18 (c) EXCEPTION.—The requirements under this section do not apply to the 

19 Department of Defense, a national security system, or an element of the 

20 intelligence community. 

21 § 10584. Assessment; reports 

22 (a) DEFINITIONS.—In this section: 

23 (1) AGENCY INFORMATION.—The term ‘‘agency information’’ has the 

24 meaning given the term in section 10549 of this title. 

25 (2) CYBER THREAT INDICATOR; DEFENSIVE MEASURE.—The terms 

26 ‘‘cyber threat indicator’’ and ‘‘defensive measure’’ have the meanings 

27 given the terms in section 10561 of this title. 

28 (3) INTRUSION ASSESSMENTS.—The term ‘‘intrusion assessments’’ 

29 means actions taken under the intrusion assessment plan to identify 

30 and remove intruders in agency information systems. 

31 (4) INTRUSION ASSESSMENT PLAN.—The term ‘‘intrusion assess32 ment plan’’ means the plan required under section 10546(b) of this 

33 title. 

34 (5) INTRUSION DETECTION AND PREVENTION CAPABILITIES.—The 

35 term ‘‘intrusion detection and prevention capabilities’’ means the capa36 bilities required under section 10549(b) of this title. 

37 (b) THIRD-PARTY ASSESSMENT.—Not later than December 18, 2018, the 

38 Comptroller General shall conduct a study and publish a report on the effec39 tiveness of the approach and strategy of the Federal Government to secur40 ing agency information systems, including the intrusion detection and pre41 vention capabilities and the intrusion assessment plan. 


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1 (c) REPORTS TO CONGRESS.— 

2 (1) INTRUSION DETECTION AND PREVENTION CAPABILITIES.— 

3 (A) SECRETARY.—The Secretary not later than June 18 each 

4 year shall submit to the appropriate congressional committees a 

5 report on the status of the implementation of the intrusion detec6 tion and prevention capabilities, including— 

7 (i) a description of privacy controls; 

8 (ii) a description of the technologies and capabilities uti9 lized to detect cybersecurity risks in network traffic, including 

10 the extent to which those technologies and capabilities include 

11 existing commercial and noncommercial technologies; 

12 (iii) a description of the technologies and capabilities uti13 lized to prevent network traffic associated with cybersecurity 

14 risks from transiting or traveling to or from agency informa15 tion systems, including the extent to which those technologies 

16 and capabilities include existing commercial and noncommer17 cial technologies; 

18 (iv) a list of the types of indicators or other identifiers or 

19 techniques used to detect cybersecurity risks in network traf20 fic transiting or traveling to or from agency information sys21 tems on each iteration of the intrusion detection and preven22 tion capabilities, and the number of each type of indicator, 

23 identifier, and technique; 

24 (v) the number of instances in which the intrusion detec25 tion and prevention capabilities detected a cybersecurity risk 

26 in network traffic transiting or traveling to or from agency 

27 information systems and the number of times the intrusion 

28 detection and prevention capabilities blocked network traffic 

29 associated with cybersecurity risk; and 

30 (vi) a description of the pilot established under section 

31 10549(c)(5) of this title, including the number of new tech32 nologies tested and the number of participating agencies. 

33 (B) DIRECTOR.—Not later than June 18, 2017, and annually 

34 thereafter, the Director shall submit to Congress, as part of the 

35 report required under section 3553(c) of title 44, an analysis of 

36 agency application of the intrusion detection and prevention capa37 bilities, including— 

38 (i) a list of each agency and the degree to which each agen39 cy has applied the intrusion detection and prevention capabili40 ties to an agency information system; and 

41 (ii) a list by agency of— 


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1 (I) the number of instances in which the intrusion de2 tection and prevention capabilities detected a cybersecu3 rity risk in network traffic transiting or traveling to or 

4 from an agency information system and the types of in5 dicators, identifiers, and techniques used to detect the 

6 cybersecurity risks; and 

7 (II) the number of instances in which the intrusion de8 tection and prevention capabilities prevented network 

9 traffic associated with a cybersecurity risk from 

10 transiting or traveling to or from an agency information 

11 system and the types of indicators, identifiers, and tech12 niques used to detect the agency information systems. 

13 (C) CHIEF INFORMATION OFFICER.—Not earlier than June 18, 

14 2017, and not later than December 18, 2017, the Federal Chief 

15 Information Officer shall review and submit to the appropriate 

16 congressional committees a report assessing the intrusion detection 

17 and intrusion prevention capabilities, including— 

18 (i) the effectiveness of the system in detecting, disrupting, 

19 and preventing cyber-threat actors, including advanced per20 sistent threats, from accessing agency information and agency 

21 information systems; 

22 (ii) whether the intrusion detection and prevention capabili23 ties, continuous diagnostics and mitigation, and other systems 

24 deployed under subtitle C of title II of the Homeland Security 

25 Act of 2002 (Public Law 107–296, 116 Stat. 2155) are effec26 tive in securing Federal information systems; 

27 (iii) the costs and benefits of the intrusion detection and 

28 prevention capabilities, including as compared to commercial 

29 technologies and tools and including the value of classified 

30 cyber threat indicators; and 

31 (iv) the capability of agencies to protect sensitive cyber 

32 threat indicators and defensive measures if they were shared 

33 through unclassified mechanisms for use in commercial tech34 nologies and tools. 

35 (2) DEVELOPMENT AND IMPLEMENTATION OF INTRUSION ASSESS36 MENT PLAN, ADVANCED INTERNAL DEFENSES, AND FEDERAL CYBER37 SECURITY REQUIREMENTS.—The Director— 

38 (A) 30 days after any update to the intrusion assessment plan, 

39 shall submit the intrusion assessment plan to the appropriate con40 gressional committees; 


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1 (B) not later than December 18, 2016, and annually thereafter, 

2 shall submit to Congress, as part of the report required under sec3 tion 3553(c) of title 44— 

4 (i) a description of the implementation of the intrusion as5 sessment plan; 

6 (ii) the findings of the intrusion assessments conducted 

7 pursuant to the intrusion assessment plan; 

8 (iii) a description of the advanced network security tools in9 cluded in the efforts to continuously diagnose and mitigate 

10 cybersecurity risks pursuant to section 10582(a)(1) of this 

11 title; and 

12 (iv) a list by agency of compliance with the requirements 

13 of section 10583(b) of this title; and 

14 (C) not later than December 18, 2016, submit to the appro15 priate congressional committees— 

16 (i) a copy of the plan developed pursuant to section 

17 10582(a)(2) of this title; and 

18 (ii) the improved metrics developed pursuant to section 

19 10582(c) of this title. 

20 (3) TERMINATION.—The requirements under this subsection termi21 nate on December 18, 2022. 

22 (d) FORM.—Each report required under this section shall be submitted 

23 in unclassified form, but may include a classified annex. 

24 Part D—Other Cyber Matters 

25 § 10591. Apprehension and prosecution of international 

26 cyber criminals 

27 (a) DEFINITION OF INTERNATIONAL CYBER CRIMINAL.—In this section, 

28 the term ‘‘international cyber criminal’’ means an individual— 

29 (1) who is believed to have committed a cybercrime or intellectual 

30 property crime against the interests of the United States or the citizens 

31 of the United States; and 

32 (2) for whom— 

33 (A) an arrest warrant has been issued by a judge in the United 

34 States; or 

35 (B) an international wanted notice (commonly referred to as a 

36 ‘‘Red Notice’’) has been circulated by Interpol. 

37 (b) CONSULTATIONS FOR NONCOOPERATION.—The Secretary of State 

38 shall consult with the appropriate government official of each country from 

39 which extradition is not likely due to the lack of an extradition treaty with 

40 the United States or other reasons, in which 1 or more international cyber 


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1 criminals are physically present, to determine what actions the government 

2 of the country has taken— 

3 (1) to apprehend and prosecute the criminals; and 

4 (2) to prevent the criminals from carrying out cybercrimes or intel5 lectual property crimes against the interests of the United States or its 

6 citizens. 

7 (c) ANNUAL REPORT.— 

8 (1) DEFINITION OF APPROPRIATE CONGRESSIONAL COMMITTEES.— 

9 For purposes of this subsection, the term ‘‘appropriate congressional 

10 committees’’ means— 

11 (A) the Committee on Foreign Relations, the Committee on Ap12 propriations, the Committee on Homeland Security and Govern13 mental Affairs, the Committee on Banking, Housing, and Urban 

14 Affairs, the Select Committee on Intelligence, and the Committee 

15 on the Judiciary of the Senate; and 

16 (B) the Committee on Foreign Affairs, the Committee on Ap17 propriations, the Committee on Homeland Security, the Com18 mittee on Financial Services, the Permanent Select Committee on 

19 Intelligence, and the Committee on the Judiciary of the House of 

20 Representatives. 

21 (2) CONTENTS.—The Secretary of State shall submit to the appro22 priate congressional committees an annual report that includes— 

23 (A) the number of international cyber criminals located in other 

24 countries, disaggregated by country, and indicating from which 

25 countries extradition is not likely due to the lack of an extradition 

26 treaty with the United States or other reasons; 

27 (B) the nature and number of significant discussions by an offi28 cial of the Department of State on ways to thwart or prosecute 

29 international cyber criminals with an official of another country, 

30 including the name of each country; and 

31 (C) for each international cyber criminal who was extradited to 

32 the United States during the most recently completed calendar 

33 year— 

34 (i) his or her name; 

35 (ii) the crimes for which he or she was charged; 

36 (iii) his or her previous country of residence; and 

37 (iv) the country from which he or she was extradited to the 

38 United States. 

39 (3) FORM.—The report shall be in unclassified form to the maximum 

40 extent possible, but may include a classified annex. 


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1 § 10592. Enhancement of emergency services 

2 (a) COLLECTION OF DATA.—The Secretary, acting through the National 

3 Cybersecurity and Communications Integration Center, in coordination with 

4 appropriate Federal entities and the Director for Emergency Communica5 tions, shall establish a process by which a Statewide Interoperability Coordi6 nator may report data on any cybersecurity risk or incident involving any 

7 information system or network used by emergency response providers in 

8 that State. 

9 (b) ANALYSIS OF DATA.—Not later than December 18, 2016, the Sec10 retary, acting through the Director of the National Cybersecurity and Com11 munications Integration Center, in coordination with appropriate entities 

12 and the Director for Emergency Communications, and in consultation with 

13 the Secretary of Commerce, acting through the Director of the National In14 stitute of Standards and Technology, shall conduct integration and analysis 

15 of the data reported under subsection (a) to develop information and rec16 ommendations on security and resilience measures for any information sys17 tem or network used by State emergency response providers. 

18 (c) BEST PRACTICES.— 

19 (1) IN GENERAL.—Using the results of the integration and analysis 

20 conducted under subsection (b), and any other relevant information, 

21 the Director of the National Institute of Standards and Technology 

22 shall, on an ongoing basis, facilitate and support the development of 

23 methods for reducing cybersecurity risks to emergency response pro24 viders using the process described in section 2(e) of the National Insti25 tute of Standards and Technology Act (15 U.S.C. 272(e)). 

26 (2) REPORT.—The Director of the National Institute of Standards 

27 and Technology shall submit to Congress a report on the result of the 

28 activities of the Director under paragraph (1), including any methods 

29 developed by the Director under paragraph (1), and shall make the re30 port publicly available on the website of the National Institute of 

31 Standards and Technology. 

32 (d) RULE OF CONSTRUCTION.—Nothing in this section shall be construed 

33 to— 

34 (1) require a State to report data under subsection (a); or 

35 (2) require a non-Federal entity (as defined in section 10561 of this 

36 title) to— 

37 (A) adopt a recommended measure developed under subsection 

38 (b); or 

39 (B) follow the result of the activities carried out under sub40 section (c), including any methods developed under subsection (c). 


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1 § 10593. Improving cybersecurity in the health care industry 

2 (a) DEFINITIONS.—In this section: 

3 (1) APPROPRIATE CONGRESSIONAL COMMITTEES.—The term ‘‘appro4 priate congressional committees’’ means— 

5 (A) the Committee on Health, Education, Labor, and Pensions, 

6 the Committee on Homeland Security and Governmental Affairs, 

7 and the Select Committee on Intelligence of the Senate; and 

8 (B) the Committee on Energy and Commerce, the Committee 

9 on Homeland Security, and the Permanent Select Committee on 

10 Intelligence of the House of Representatives. 

11 (2) BUSINESS ASSOCIATE.—The term ‘‘business associate’’ has the 

12 meaning given the term in section 160.103 of title 45, Code of Federal 

13 Regulations (as in effect on December 17, 2015). 

14 (3) COVERED ENTITY.—The term ‘‘covered entity’’ has the meaning 

15 given the term in section 160.103 of title 45, Code of Federal Regula16 tions (as in effect on December 17, 2015). 

17 (4) CYBERSECURITY THREAT; CYBER THREAT INDICATOR; DEFEN18 SIVE MEASURE; FEDERAL ENTITY.—The terms ‘‘cybersecurity threat’’, 

19 ‘‘cyber threat indicator’’, ‘‘defensive measure’’, and ‘‘Federal entity’’ 

20 have the meanings given the terms in section 10561 of this title. 

21 (5) HEALTH CARE CLEARINGHOUSE; HEALTH CARE PROVIDER; 

22 HEALTH PLAN.—The terms ‘‘health care clearinghouse’’, ‘‘health care 

23 provider’’, and ‘‘health plan’’ have the meanings given the terms in sec24 tion 160.103 of title 45, Code of Federal Regulations (as in effect on 

25 December 17, 2015). 

26 (6) HEALTH CARE INDUSTRY STAKEHOLDER.—The term ‘‘health 

27 care industry stakeholder’’ means any— 

28 (A) health plan, health care clearinghouse, or health care pro29 vider; 

30 (B) advocate for patients or consumers; 

31 (C) pharmacist; 

32 (D) developer or vendor of health information technology; 

33 (E) laboratory; 

34 (F) pharmaceutical or medical device manufacturer; or 

35 (G) additional stakeholder the Secretary determines necessary 

36 for purposes of subsection (b)(1), (c)(1), (c)(3), or (d)(1). 

37 (7) NON-FEDERAL ENTITY; PRIVATE ENTITY.—The terms ‘‘non-Fed38 eral entity’’ and ‘‘private entity’’ have the meanings given the terms 

39 in section 10561 of this title. 

40 (b) REPORT.— 


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1 (1) IN GENERAL.—Not later than December 18, 2016, the Secretary 

2 of Health and Human Services shall submit to the Committee on 

3 Health, Education, Labor, and Pensions of the Senate and the Com4 mittee on Energy and Commerce of the House of Representatives a re5 port on the preparedness of the Department of Health and Human 

6 Services and health care industry stakeholders in responding to cyber7 security threats. 

8 (2) CONTENTS OF REPORT.—With respect to the internal response 

9 of the Department of Health and Human Services to emerging cyberse10 curity threats, the report under paragraph (1) shall include— 

11 (A) a clear statement of the official in the Department of 

12 Health and Human Services to be responsible for leading and co13 ordinating efforts of the Department of Health and Human Serv14 ices regarding cybersecurity threats in the health care industry; 

15 and 

16 (B) a plan from each relevant operating division and subdivision 

17 of the Department of Health and Human Services on how the di18 vision or subdivision will address cybersecurity threats in the 

19 health care industry, including a clear delineation of how each the 

20 division or subdivision will divide responsibility among the per21 sonnel of the division or subdivision and communicate with other 

22 divisions and subdivisions regarding efforts to address the threats. 

23 (c) HEALTH CARE INDUSTRY CYBERSECURITY TASK FORCE.— 

24 (1) IN GENERAL.—The Secretary of Health and Human Services, in 

25 consultation with the Director of the National Institute of Standards 

26 and Technology and the Secretary of Homeland Security, shall convene 

27 health care industry stakeholders, cybersecurity experts, and any Fed28 eral agencies or entities the Secretary of Health and Human Services 

29 determines appropriate to establish a task force to— 

30 (A) analyze how industries, other than the health care industry, 

31 have implemented strategies and safeguards for addressing cyber32 security threats in their respective industries; 

33 (B) analyze challenges and barriers private entities (excluding 

34 any State, tribal, or local government) in the health care industry 

35 face securing themselves against cyberattacks; 

36 (C) review challenges that covered entities and business associ37 ates face in securing networked medical devices and other software 

38 or systems that connect to an electronic health record; 

39 (D) provide the Secretary of Health and Human Services with 

40 information to disseminate to health care industry stakeholders of 


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1 all sizes for purposes of improving their preparedness for, and re2 sponse to, cybersecurity threats affecting the health care industry; 

3 (E) establish a plan for implementing part B of this subchapter, 

4 so that the Federal Government and health care industry stake5 holders may in real time, share actionable cyber threat indicators 

6 and defensive measures; and 

7 (F) report to the appropriate congressional committees on the 

8 findings and recommendations of the task force regarding carrying 

9 out subparagraphs (A) through (E). 

10 (2) TERMINATION.—The task force established under this subsection 

11 shall terminate 1 year after the date on which the task force is estab12 lished. 

13 (3) DISSEMINATION.—Not later than 60 days after the termination 

14 of the task force established under this subsection, the Secretary of 

15 Health and Human Services shall disseminate the information de16 scribed in paragraph (1)(D) to health care industry stakeholders in ac17 cordance with paragraph (1)(D). 

18 (d) ALIGNING HEALTH CARE INDUSTRY SECURITY APPROACHES.— 

19 (1) IN GENERAL.—The Secretary of Health and Human Services 

20 shall establish, through a collaborative process with the Secretary of 

21 Homeland Security, health care industry stakeholders, the Director of 

22 the National Institute of Standards and Technology, and any Federal 

23 entity or non-Federal entity the Secretary of Health and Human Serv24 ices determines appropriate, a common set of voluntary, consensus25 based, and industry-led guidelines, best practices, methodologies, proce26 dures, and processes that— 

27 (A) serve as a resource for cost-effectively reducing cybersecu28 rity risks for a range of health care organizations; 

29 (B) support voluntary adoption and implementation efforts to 

30 improve safeguards to address cybersecurity threats; 

31 (C) are consistent with— 

32 (i) the standards, guidelines, best practices, methodologies, 

33 procedures, and processes developed under section 2(c)(15) of 

34 the National Institute of Standards and Technology Act (15 

35 U.S.C. 272(c)(15)); 

36 (ii) the security and privacy regulations promulgated under 

37 section 264(c) of the Health Insurance Portability and Ac38 countability Act of 1996 (42 U.S.C. 1320d–2 note); and 

39 (iii) the provisions of the Health Information Technology 

40 for Economic and Clinical Health Act (Public Law 111–5, 


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1 div. A, title XIII, div. B, title IV, 123 Stat. 226, 467), and 

2 the amendments made by the Act; and 

3 (D) are updated on a regular basis and applicable to a range 

4 of health care organizations. 

5 (2) LIMITATION.—Nothing in this subsection shall be interpreted as 

6 granting the Secretary of Health and Human Services authority to— 

7 (A) provide for audits to ensure that health care organizations 

8 are in compliance with this subsection; or 

9 (B) mandate, direct, or condition the award of any Federal 

10 grant, contract, or purchase, on compliance with this subsection. 

11 (3) NO LIABILITY FOR NONPARTICIPATION.—Nothing in this section 

12 shall be construed to subject a health care industry stakeholder to li13 ability for choosing not to engage in the voluntary activities authorized, 

14 or guidelines developed, under this subsection. 

15 (e) INCORPORATING ONGOING ACTIVITIES.—In carrying out the activities 

16 under this section, the Secretary of Health and Human Services may incor17 porate activities that are ongoing as of December 17, 2015, and that are 

18 consistent with the objectives of this section. 

19 (f) RULE OF CONSTRUCTION.—Nothing in this section shall be construed 

20 to limit the antitrust exemption under section 10563(e) of this title or the 

21 protection from liability under section 10565 of this title. 

22 Subchapter IV—Supporting Anti-Terrorism 

23 by Fostering Effective Technologies 

24 § 10621. Definitions 

25 In this subchapter: 

26 (1) ACT OF TERRORISM.—The term ‘‘act of terrorism’’ means an act 

27 that the Secretary determines meets all of the following requirements, 

28 as the requirements are further defined and specified by the Secretary: 

29 (A) The act is unlawful. 

30 (B) The act causes harm to a person, property, or entity, in the 

31 United States, or in the case of a domestic United States air car32 rier or a United States-flag vessel (or a vessel based principally 

33 in the United States on which United States income tax is paid 

34 and whose insurance coverage is subject to regulation in the 

35 United States), in or outside the United States. 

36 (C) The act uses or attempts to use instrumentalities, weapons, 

37 or other methods designed or intended to cause mass destruction, 

38 injury, or other loss to citizens or institutions of the United 

39 States. 

40 (2) INSURANCE CARRIER.—The term ‘‘insurance carrier’’ means a 

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1 nership, individual aggregation of individuals, or another legal entity 

2 that provides commercial property and casualty insurance, including an 

3 affiliate of a commercial insurance carrier. 

4 (3) LIABILITY INSURANCE.—The term ‘‘liability insurance’’ means 

5 insurance for legal liabilities incurred by the insured resulting from— 

6 (A) loss of, or damage to, property of others; 

7 (B) ensuing loss of income or extra expense incurred because 

8 of loss of, or damage to, property of others; 

9 (C) bodily injury, including to persons other than the insured 

10 or its employees; or 

11 (D) loss resulting from debt or default of another. 

12 (4) LOSS.—The term ‘‘loss’’ means death, bodily injury, or loss of, 

13 or damage to, property, including business interruption loss. 

14 (5) NON-FEDERAL GOVERNMENT CUSTOMERS.—The term ‘‘non-Fed15 eral Government customers’’ means a customer of a Seller that is not 

16 an agency or instrumentality of the United States Government with au17 thority under Public Law 85–804 (50 U.S.C. 1431 et seq.) to provide 

18 for indemnification under certain circumstances for third-party claims 

19 against its contractors, including State and local authorities and com20 mercial entities. 

21 (6) QUALIFIED ANTI-TERRORISM TECHNOLOGY.—The term ‘‘quali22 fied anti-terrorism technology’’ means a product, equipment, service 

23 (including support services), device, or technology (including informa24 tion technology) designed, developed, modified, or procured for the spe25 cific purpose of preventing, detecting, identifying, or deterring acts of 

26 terrorism or limiting the harm the acts might otherwise cause, that is 

27 designated as such by the Secretary. 

28 (7) SELLER.—The term ‘‘Seller’’ means a person or entity that sells 

29 or otherwise provides a qualified anti-terrorism technology to Federal 

30 and non-Federal Government customers. 

31 § 10622. Administration 

32 (a) IN GENERAL.—The Secretary is responsible for the administration of 

33 this subchapter. 

34 (b) DESIGNATION OF QUALIFIED ANTI-TERRORISM TECHNOLOGIES.— 

35 The Secretary may designate anti-terrorism technologies that qualify for 

36 protection under the system of risk management set forth in this subchapter 

37 in accordance with criteria that shall include the following: 

38 (1) Prior United States Government use or demonstrated substantial 

39 utility and effectiveness. 

40 (2) Availability of the technology for immediate deployment in public 

41 and private settings. 


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1 (3) Existence of extraordinarily large or extraordinarily 

2 unquantifiable potential third party liability risk exposure to the Seller 

3 or other provider of the anti-terrorism technology. 

4 (4) Substantial likelihood that the anti-terrorism technology will not 

5 be deployed unless protections under the system of risk management 

6 provided under this subchapter are extended. 

7 (5) Magnitude of risk exposure to the public if the anti-terrorism 

8 technology is not deployed. 

9 (6) Evaluation of all scientific studies that can be feasibly conducted 

10 in order to assess the capability of the technology to substantially re11 duce risks of harm. 

12 (7) Anti-terrorism technology that would be effective in facilitating 

13 the defense against acts of terrorism, including technologies that pre14 vent, defeat, or respond to the acts. 

15 (c) REGULATIONS.—The Secretary may issue regulations, after notice 

16 and comment under section 553 of title 5, necessary to carry out this sub17 chapter. 

18 § 10623. Litigation management 

19 (a) FEDERAL CAUSE OF ACTION.— 

20 (1) IN GENERAL.—There shall exist a Federal cause of action for 

21 claims arising out of, relating to, or resulting from, an act of terrorism 

22 when qualified anti-terrorism technologies have been deployed in de23 fense against, in response to, or in recovery from the act, and the 

24 claims result, or may result, in loss to the Seller. The substantive law 

25 for decision in any action shall be derived from the law, including 

26 choice of law principles, of the State in which the act of terrorism oc27 curred, unless the law is inconsistent with or preempted by Federal 

28 law. The Federal cause of action shall be brought only for claims for 

29 injuries that are proximately caused by sellers that provide qualified 

30 anti-terrorism technology to Federal and non-Federal government cus31 tomers. 

32 (2) JURISDICTION.—An appropriate district court of the United 

33 States shall have original and exclusive jurisdiction over all actions for 

34 any claim for loss of property, personal injury, or death arising out of, 

35 relating to, or resulting from, an act of terrorism when qualified anti36 terrorism technologies have been deployed in defense against, in re37 sponse to, or in recovery from the act, and the claims result, or may 

38 result, in loss to the Seller. 

39 (b) SPECIAL RULES.—In an action brought under this section for dam40 ages the following provisions apply: 


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1 (1) PUNITIVE DAMAGES; INTEREST.—No punitive damages intended 

2 to punish or deter, exemplary damages, or other damages not intended 

3 to compensate a plaintiff for actual losses may be awarded, nor shall 

4 any party be liable for interest prior to the judgment. 

5 (2) NONECONOMIC DAMAGES.— 

6 (A) DEFINITION OF NONECONOMIC DAMAGES.—In this para7 graph, the term ‘‘noneconomic damages’’ means damages for 

8 losses for physical and emotional pain, suffering, inconvenience, 

9 physical impairment, mental anguish, disfigurement, loss of enjoy10 ment of life, loss of society and companionship, loss of consortium, 

11 hedonic damages, injury to reputation, and any other nonpecu12 niary losses. 

13 (B) WHEN AWARDED.—Noneconomic damages may be awarded 

14 against a defendant only in an amount directly proportional to the 

15 percentage of responsibility of the defendant for the harm to the 

16 plaintiff, and no plaintiff may recover noneconomic damages un17 less the plaintiff suffered physical harm. 

18 (c) COLLATERAL SOURCES.—Any recovery by a plaintiff in an action 

19 under this section shall be reduced by the amount of collateral source com20 pensation, if any, that the plaintiff has received or is entitled to receive as 

21 a result of the act of terrorism that results or may result in loss to the Sell22 er. 

23 (d) GOVERNMENT CONTRACTOR DEFENSE.— 

24 (1) IN GENERAL.—Should a product liability or other lawsuit be filed 

25 for claims arising out of, relating to, or resulting from, an act of ter26 rorism when qualified anti-terrorism technologies approved by the Sec27 retary, as provided in paragraphs (2) and (3) of this subsection, have 

28 been deployed in defense against, in response to, or in recovery from 

29 the act, and the claims result, or may result, in loss to the Seller, there 

30 shall be a rebuttable presumption that the government contractor’s de31 fense applies in the lawsuit. This presumption shall only be overcome 

32 by evidence showing that the Seller acted fraudulently or with willful 

33 misconduct in submitting information to the Secretary during the 

34 course of the Secretary’s consideration of the technology under this 

35 subsection. This presumption of the government contractor’s defense 

36 shall apply regardless of whether the claim against the Seller arises 

37 from a sale of the product to Federal Government or non-Federal Gov38 ernment customers. 

39 (2) EXCLUSIVE RESPONSIBILITY.—The Secretary is exclusively re40 sponsible for the review and approval of anti-terrorism technology for 

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1 uct liability lawsuit for claims arising out of, relating to, or resulting 

2 from, an act of terrorism when qualified anti-terrorism technologies ap3 proved by the Secretary, as provided in this paragraph and paragraph 

4 (3), have been deployed in defense against, in response to, or in recov5 ery from the act, and the claims result, or may result, in loss to the 

6 Seller. Upon the Seller’s submission to the Secretary for approval of 

7 anti-terrorism technology, the Secretary shall conduct a comprehensive 

8 review of the design of the technology and determine whether it will 

9 perform as intended, conforms to the Seller’s specifications, and is safe 

10 for use as intended. The Seller shall conduct safety and hazard anal11 yses on the technology and shall supply the Secretary with all such in12 formation relating to the analyses. 

13 (3) CERTIFICATE.—For anti-terrorism technology reviewed and ap14 proved by the Secretary, the Secretary shall issue a certificate of con15 formance to the Seller and place the anti-terrorism technology on an 

16 Approved Product List for Homeland Security. 

17 (e) EXCLUSION.—Nothing in this section shall in any way limit the ability 

18 of any person to seek any form of recovery from any person, government, 

19 or other entity that— 

20 (1) attempts to commit, knowingly participates in, aids and abets, 

21 or commits any act of terrorism, or any criminal act related to or re22 sulting from the act of terrorism; or 

23 (2) participates in a conspiracy to commit an act of terrorism or a 

24 criminal act. 

25 § 10624. Risk management 

26 (a) IN GENERAL.— 

27 (1) LIABILITY INSURANCE REQUIRED.—The Seller shall obtain liabil28 ity insurance of the types and in the amounts as required under this 

29 section and certified by the Secretary to satisfy otherwise compensable 

30 third-party claims arising out of, relating to, or resulting from, an act 

31 of terrorism when qualified anti-terrorism technologies have been de32 ployed in defense against, in response to, or in recovery from the act. 

33 (2) MAXIMUM AMOUNT.—For the total claims related to one act of 

34 terrorism, the Seller is not required to obtain liability insurance of 

35 more than the maximum amount of liability insurance reasonably avail36 able from private sources on the world market at prices and terms that 

37 will not unreasonably distort the sales price of Seller’s anti-terrorism 

38 technologies. 

39 (3) SCOPE OF COVERAGE.—Liability insurance obtained under this 

40 subsection shall, in addition to the Seller, protect the following, to the 

41 extent of their potential liability for involvement in the manufacture, 


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1 qualification, sale, use, or operation of qualified anti-terrorism tech2 nologies deployed in defense against, in response to, or in recovery from 

3 an act of terrorism: 

4 (A) Contractors, subcontractors, suppliers, vendors and cus5 tomers of the Seller. 

6 (B) Contractors, subcontractors, suppliers, and vendors of the 

7 customer. 

8 (4) THIRD PARTY CLAIMS.—The liability insurance under this sec9 tion shall provide coverage against third party claims arising out of, 

10 relating to, or resulting from the sale or use of anti-terrorism tech11 nologies. 

12 (b) RECIPROCAL WAIVER OF CLAIMS.—The Seller shall enter into a re13 ciprocal waiver of claims with its contractors, subcontractors, suppliers, ven14 dors and customers, and contractors and subcontractors of the customers, 

15 involved in the manufacture, sale, use, or operation of qualified anti-ter16 rorism technologies, under which each party to the waiver agrees to be re17 sponsible for losses, including business interruption losses, that it sustains, 

18 or for losses sustained by its own employees resulting from an activity re19 sulting from an act of terrorism when qualified anti-terrorism technologies 

20 have been deployed in defense against, in response to, or in recovery from 

21 the act. 

22 (c) EXTENT OF LIABILITY.—Notwithstanding any other provision of law, 

23 liability for all claims against a Seller arising out of, relating to, or resulting 

24 from, an act of terrorism when qualified anti-terrorism technologies have 

25 been deployed in defense against, in response to, or in recovery from the 

26 act, and the claims result, or may result, in loss to the Seller, whether for 

27 compensatory or punitive damages or for contribution or indemnity, shall 

28 not be in an amount greater than the limits of liability insurance coverage 

29 required to be maintained by the Seller under this section. 

30 Subchapter V—Secure Handling of 

31 Ammonium Nitrate 

32 § 10631. Definitions 

33 In this subchapter: 

34 (1) AMMONIUM NITRATE.—The term ‘‘ammonium nitrate’’ means— 

35 (A) solid ammonium nitrate that is chiefly the ammonium salt 

36 of nitric acid and contains not less than 33 percent nitrogen by 

37 weight; and 

38 (B) a mixture containing a percentage of ammonium nitrate 

39 that is equal to or greater than the percentage determined by the 

40 Secretary under section 10632(b) of this title. 


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1 (2) AMMONIUM NITRATE FACILITY.—The term ‘‘ammonium nitrate 

2 facility’’ means an entity that produces, sells or otherwise transfers 

3 ownership of, or provides application services for, ammonium nitrate. 

4 (3) AMMONIUM NITRATE PURCHASER.—The term ‘‘ammonium ni5 trate purchaser’’ means a person who purchases ammonium nitrate 

6 from an ammonium nitrate facility. 

7 § 10632. Regulation of the sale and transfer of ammonium 

8 nitrate 

9 (a) IN GENERAL.—The Secretary shall regulate the sale and transfer of 

10 ammonium nitrate by an ammonium nitrate facility in accordance with this 

11 subchapter to prevent the misappropriation or use of ammonium nitrate in 

12 an act of terrorism. 

13 (b) AMMONIUM NITRATE MIXTURES.—The Secretary, in consultation 

14 with the heads of appropriate Federal departments and agencies (including 

15 the Secretary of Agriculture), shall, after notice and an opportunity for 

16 comment, establish a threshold percentage for ammonium nitrate in a sub17 stance. 

18 (c) REGISTRATION OF OWNERS OF AMMONIUM NITRATE FACILITIES.— 

19 (1) PROCESS.—The Secretary shall establish a process by which a 

20 person that— 

21 (A) owns an ammonium nitrate facility is required to register 

22 with the Department; and 

23 (B) registers under subparagraph (A) is issued a registration 

24 number for purposes of this subchapter. 

25 (2) INFORMATION.—A person applying to register under paragraph 

26 (1) shall submit to the Secretary— 

27 (A) the name, address, and telephone number of each ammo28 nium nitrate facility owned by that person; 

29 (B) the name of the person designated by that person as the 

30 point of contact for each facility, for purposes of this subchapter; 

31 and 

32 (C) other information the Secretary determines is appropriate. 

33 (d) REGISTRATION OF AMMONIUM NITRATE PURCHASERS.— 

34 (1) PROCESS.—The Secretary shall establish a process by which a 

35 person that— 

36 (A) intends to be an ammonium nitrate purchaser is required 

37 to register with the Department; and 

38 (B) registers under subparagraph (A) is issued a registration 

39 number for purposes of this subchapter. 

40 (2) INFORMATION.—A person applying to register under paragraph 

41 (1) as an ammonium nitrate purchaser shall submit to the Secretary— 


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1 (A) the name, address, and telephone number of the applicant; 

2 and 

3 (B) the intended use of ammonium nitrate to be purchased by 

4 the applicant. 

5 (e) RECORDS.— 

6 (1) MAINTENANCE OF RECORDS.—The owner of an ammonium ni7 trate facility shall— 

8 (A) maintain a record of each sale or transfer of ammonium ni9 trate, during the 2-year period beginning on the date of that sale 

10 or transfer; and 

11 (B) include in the record the information described in para12 graph (2). 

13 (2) SPECIFIC INFORMATION REQUIRED.—For each sale or transfer 

14 of ammonium nitrate, the owner of an ammonium nitrate facility 

15 shall— 

16 (A) record the name, address, telephone number, and registra17 tion number issued under subsection (c) or (d) of each person that 

18 purchases ammonium nitrate, in a manner prescribed by the Sec19 retary; 

20 (B) if applicable, record the name, address, and telephone num21 ber of an agent acting on behalf of the person described in sub22 paragraph (A), at the point of sale; 

23 (C) record the date and quantity of ammonium nitrate sold or 

24 transferred; and 

25 (D) verify the identity of the persons described in subpara26 graphs (A) and (B), as applicable, in accordance with a procedure 

27 established by the Secretary. 

28 (3) PROTECTION OF INFORMATION.—In maintaining records under 

29 paragraph (1), the owner of an ammonium nitrate facility shall take 

30 reasonable actions to ensure the protection of the information included 

31 in the records. 

32 (f) EXEMPTION FOR EXPLOSIVE PURPOSES.—The Secretary may exempt 

33 from this subchapter a person producing, selling, or purchasing ammonium 

34 nitrate exclusively for use in the production of an explosive under a license 

35 or permit issued under chapter 40 of title 18. 

36 (g) CONSULTATION.—In carrying out this section, the Secretary shall 

37 consult with the Secretary of Agriculture, States, and appropriate private38 sector entities, to ensure that the access of agricultural producers to ammo39 nium nitrate is not unduly burdened. 

40 (h) DATA CONFIDENTIALITY.— 


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1 (1) IN GENERAL.—Notwithstanding section 552 of title 5 or the 

2 USA PATRIOT Act (Public Law 107–56, 115 Stat. 272), and except 

3 as provided in paragraph (2), the Secretary may not disclose to any 

4 person any information obtained under this subchapter. 

5 (2) EXCEPTION.—The Secretary may disclose information obtained 

6 by the Secretary under this subchapter to— 

7 (A) an officer or employee of the United States, or a person 

8 that has entered into a contract with the United States, who has 

9 a need to know the information to perform the duties of the offi10 cer, employee, or person; or 

11 (B) to a State agency under section 10634 of this title, under 

12 appropriate arrangements to ensure the protection of the informa13 tion. 

14 (i) REGISTRATION PROCEDURES AND CHECK OF TERRORIST SCREENING

15 DATABASE.— 

16 (1) REGISTRATION PROCEDURES.— 

17 (A) IN GENERAL.—The Secretary shall establish procedures to 

18 efficiently receive applications for registration numbers under this 

19 subchapter, conduct the checks required under paragraph (2), and 

20 promptly issue or deny a registration number. 

21 (B) INITIAL 6-MONTH REGISTRATION PERIOD.—The Secretary 

22 shall take steps to maximize the number of registration applica23 tions that are submitted and processed during the 6-month period 

24 described in section 10636(e) of this title. 

25 (2) CHECK OF TERRORIST SCREENING DATABASE.— 

26 (A) CHECK REQUIRED.—The Secretary shall conduct a check of 

27 appropriate identifying information of a person seeking to register 

28 with the Department under subsection (c) or (d) against identi29 fying information that appears in the terrorist screening database 

30 of the Department. 

31 (B) AUTHORITY TO DENY REGISTRATION NUMBER.—If the 

32 identifying information of a person seeking to register with the 

33 Department under subsection (c) or (d) appears in the terrorist 

34 screening database of the Department, the Secretary may deny 

35 issuance of a registration number under this subchapter. 

36 (3) EXPEDITED REVIEW OF APPLICATIONS.— 

37 (A) IN GENERAL.—Following the 6-month period described in 

38 section 10636(e) of this title, the Secretary shall, to the extent 

39 practicable, issue or deny registration numbers under this sub40 chapter not later than 72 hours after the time the Secretary re41 ceives a complete registration application, unless the Secretary deVerDate Sep 11 2014 18:05 Jun 12, 2018 Jkt 079200 PO 00000 Frm 00168 Fmt 6652 Sfmt 6221 E:\BILLS\H6063.IH H6063

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1 termines, in the interest of national security, that additional time 

2 is necessary to review an application. 

3 (B) NOTICE OF APPLICATION STATUS.—In all cases, the Sec4 retary shall notify a person seeking to register with the Depart5 ment under subsection (c) or (d) of the status of the application 

6 of that person not later than 72 hours after the time the Secretary 

7 receives a complete registration application. 

8 (4) EXPEDITED APPEALS PROCESS.— 

9 (A) REQUIREMENT.— 

10 (i) ESTABLISHMENT.—The Secretary shall establish an ex11 pedited appeals process for persons denied a registration 

12 number under this subchapter. 

13 (ii) TIME FOR RESOLVING APPEALS.—The Secretary shall, 

14 to the extent practicable, resolve appeals not later than 72 

15 hours after receiving a complete request for appeal unless the 

16 Secretary determines, in the interest of national security, that 

17 additional time is necessary to resolve an appeal. 

18 (B) CONSULTATION.—The Secretary, in developing the appeals 

19 process under subparagraph (A), shall consult with appropriate 

20 stakeholders. 

21 (C) GUIDANCE.—The Secretary shall provide guidance regard22 ing the procedures and information required for an appeal under 

23 subparagraph (A) to any person denied a registration number 

24 under this subchapter. 

25 (5) RESTRICTIONS ON USE AND MAINTENANCE OF INFORMATION.— 

26 (A) IN GENERAL.—Information constituting grounds for denial 

27 of a registration number under this section shall be maintained 

28 confidentially by the Secretary and may be used only for making 

29 determinations under this section. 

30 (B) SHARING OF INFORMATION.—Notwithstanding any other 

31 provision of this subchapter, the Secretary may share information 

32 with Federal, State, local, and tribal law enforcement agencies, as 

33 appropriate. 

34 (6) REGISTRATION INFORMATION.— 

35 (A) AUTHORITY TO REQUIRE INFORMATION.—The Secretary 

36 may require a person applying for a registration number under 

37 this subchapter to submit information necessary to carry out the 

38 requirements of this section. 

39 (B) REQUIREMENT TO UPDATE INFORMATION.—The Secretary 

40 may require persons issued a registration under this subchapter to 


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1 update registration information submitted to the Secretary under 

2 this subchapter, as appropriate. 

3 (7) RECHECKS AGAINST TERRORIST SCREENING DATABASE.— 

4 (A) IN GENERAL.—The Secretary shall, as appropriate, recheck 

5 persons provided a registration number pursuant to this sub6 chapter against the terrorist screening database of the Depart7 ment, and may revoke the registration number if the Secretary de8 termines the person may pose a threat to national security. 

9 (B) NOTICE OF REVOCATION.—The Secretary shall, as appro10 priate, provide prior notice to a person whose registration number 

11 is revoked under this section, and the person shall have an oppor12 tunity to appeal, as provided in paragraph (4). 

13 § 10633. Inspection and auditing of records 

14 The Secretary shall establish a process for the periodic inspection and au15 diting of the records maintained by owners of ammonium nitrate facilities 

16 for the purpose of monitoring compliance with this subchapter or for the 

17 purpose of deterring or preventing the misappropriation or use of ammo18 nium nitrate in an act of terrorism. 

19 § 10634. Administrative provisions 

20 (a) COOPERATIVE AGREEMENTS.—The Secretary— 

21 (1) may enter into a cooperative agreement with the Secretary of Ag22 riculture, or the head of any State department of agriculture or its des23 ignee involved in agricultural regulation, in consultation with the State 

24 agency responsible for homeland security, to carry out the provisions 

25 of this subchapter; and 

26 (2) wherever possible, shall seek to cooperate with State agencies or 

27 their designees that oversee ammonium nitrate facility operations when 

28 seeking cooperative agreements to implement the registration and en29 forcement provisions of this subchapter. 

30 (b) DELEGATION.— 

31 (1) AUTHORITY.—The Secretary may delegate to a State the author32 ity to assist the Secretary in the administration and enforcement of 

33 this subchapter. 

34 (2) DELEGATION REQUIRED.—At the request of a Governor of a 

35 State, the Secretary shall delegate to that State the authority to carry 

36 out functions under sections 10632 and 10633 of this title, if the Sec37 retary determines that the State is capable of satisfactorily carrying 

38 out the functions. 

39 (3) FUNDING.—Subject to the availability of appropriations, if the 

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1 retary shall provide to that State sufficient funds to carry out the dele2 gated functions. 

3 (c) PROVISION OF GUIDANCE AND NOTIFICATION MATERIALS TO AMMO4 NIUM NITRATE FACILITIES.— 

5 (1) GUIDANCE.—The Secretary shall make available to each owner 

6 of an ammonium nitrate facility registered under section 10632(c) of 

7 this title guidance on— 

8 (A) the identification of suspicious ammonium nitrate purchases 

9 or transfers or attempted purchases or transfers; 

10 (B) the appropriate course of action to be taken by the ammo11 nium nitrate facility owner with respect to such a purchase or 

12 transfer or attempted purchase or transfer, including— 

13 (i) exercising the right of the owner of the ammonium ni14 trate facility to decline sale of ammonium nitrate; and 

15 (ii) notifying appropriate law enforcement entities; and 

16 (C) additional subjects determined appropriate to prevent the 

17 misappropriation or use of ammonium nitrate in an act of ter18 rorism. 

19 (2) USE OF MATERIALS AND PROGRAMS.—In providing guidance 

20 under this subsection, the Secretary shall, to the extent practicable, le21 verage relevant materials and programs. 

22 (3) NOTIFICATION MATERIALS.— 

23 (A) IN GENERAL.—The Secretary shall make available materials 

24 suitable for posting at locations where ammonium nitrate is sold. 

25 (B) DESIGN.—Materials made available under subparagraph 

26 (A) shall be designed to notify prospective ammonium nitrate pur27 chasers of— 

28 (i) the record-keeping requirements under section 10632 of 

29 this title; and 

30 (ii) the penalties for violating the requirements. 

31 § 10635. Theft reporting requirement 

32 A person who is required to comply with section 10632(e) of this title 

33 who has knowledge of the theft or unexplained loss of ammonium nitrate 

34 shall report the theft or loss to the appropriate Federal law enforcement au35 thorities not later than 1 calendar day after the date on which the person 

36 becomes aware of the theft or loss. On receipt of the report, the relevant 

37 Federal authorities shall inform State, local, and tribal law enforcement en38 tities, as appropriate. 

39 § 10636. Prohibitions and penalty 

40 (a) PROHIBITIONS.— 


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1 (1) TAKING POSSESSION.—A person may not purchase ammonium 

2 nitrate from an ammonium nitrate facility unless the person is reg3 istered under subsection (c) or (d) of section 10632 of this title, or is 

4 an agent of a person registered under subsection (c) or (d) of section 

5 10632. 

6 (2) TRANSFERRING POSSESSION.—An owner of an ammonium ni7 trate facility shall not transfer possession of ammonium nitrate from 

8 the ammonium nitrate facility to an ammonium nitrate purchaser who 

9 is not registered under subsection (c) or (d) of section 10632 of this 

10 title, or to an agent acting on behalf of an ammonium nitrate pur11 chaser when the purchaser is not registered under subsection (c) or (d) 

12 of section 10632. 

13 (3) OTHER PROHIBITIONS.—A person may not— 

14 (A) purchase ammonium nitrate without a registration number 

15 required under subsection (c) or (d) of section 10632 of this title; 

16 (B) own or operate an ammonium nitrate facility without a reg17 istration number required under section 10632(c) of this title; or 

18 (C) fail to comply with a requirement or violate another prohibi19 tion under this subchapter. 

20 (b) CIVIL PENALTY.—A person that violates this subchapter may be as21 sessed a civil penalty by the Secretary of not more than $50,000 per viola22 tion. 

23 (c) PENALTY CONSIDERATIONS.—In determining the amount of a civil 

24 penalty under this section, the Secretary shall consider— 

25 (1) the nature and circumstances of the violation; 

26 (2) with respect to the person who commits the violation, any history 

27 of prior violations, the ability to pay the penalty, and any effect the 

28 penalty is likely to have on the ability of the person to do business; 

29 and 

30 (3) any other matter that the Secretary determines that justice re31 quires. 

32 (d) NOTICE AND OPPORTUNITY FOR A HEARING.—A civil penalty may 

33 not be assessed under this subchapter unless the person liable for the pen34 alty has been given notice and an opportunity for a hearing on the violation 

35 for which the penalty is to be assessed in the county, parish, or incorporated 

36 city of residence of that person. 

37 (e) DELAY IN APPLICATION OF PROHIBITION.—Paragraphs (1) and (2) 

38 of subsection (a) shall apply on and after the date that is 6 months after 

39 the date that the Secretary issues a final rule implementing this subchapter. 


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1 § 10637. Protection from civil liability 

2 (a) IN GENERAL.—An owner of an ammonium nitrate facility that in 

3 good faith refuses to sell or transfer ammonium nitrate to a person, or that 

4 in good faith discloses to the Department or to appropriate law enforcement 

5 authorities an actual or attempted purchase or transfer of ammonium ni6 trate, based upon a reasonable belief that the person seeking purchase or 

7 transfer of ammonium nitrate may use the ammonium nitrate to create an 

8 explosive device to be employed in an act of terrorism (as defined in section 

9 3077 of title 18), or to use ammonium nitrate for any other unlawful pur10 pose, shall not be liable in any civil action relating to that refusal to sell 

11 ammonium nitrate or that disclosure. 

12 (b) REASONABLE BELIEF.—A reasonable belief that a person may use 

13 ammonium nitrate to create an explosive device to be employed in an act 

14 of terrorism under subsection (a) may not solely be based on the race, sex, 

15 national origin, creed, religion, status as a veteran, or status as a member 

16 of the armed forces of the United States of that person. 

17 § 10638. Preemption of other laws 

18 (a) OTHER FEDERAL REGULATIONS.—Except as provided in section 

19 10637 of this title, nothing in this subchapter affects a regulation issued 

20 by an agency other than an agency of the Department. 

21 (b) STATE LAW.—Subject to section 10637 of this title, this subchapter 

22 preempts the laws of a State to the extent that the laws are inconsistent 

23 with this subchapter, except that this subchapter shall not preempt any 

24 State law that provides additional protection against the acquisition of am25 monium nitrate by terrorists or the use of ammonium nitrate in explosives 

26 in acts of terrorism or for other illicit purposes, as determined by the Sec27 retary. 

28 Subchapter VI—Chemical Facilities 

29 § 10651. Definitions 

30 In this subchapter: 

31 (1) CFATS REGULATION.—The term ‘‘CFATS regulation’’ means— 

32 (A) an existing CFATS regulation; and 

33 (B) any regulation or amendment to an existing CFATS regula34 tion issued pursuant to the authority under section 10657 of this 

35 title. 

36 (2) CHEMICAL FACILITY OF INTEREST.—The term ‘‘chemical facility 

37 of interest’’ means a facility that— 

38 (A) holds, or that the Secretary has a reasonable basis to be39 lieve holds, a chemical of interest, as designated under Appendix 

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1 cessor to the Appendix, at a threshold quantity set pursuant to 

2 relevant risk-related security principles; and 

3 (B) is not an excluded facility. 

4 (3) COVERED CHEMICAL FACILITY.—The term ‘‘covered chemical fa5 cility’’ means a facility that— 

6 (A) the Secretary— 

7 (i) identifies as a chemical facility of interest; and 

8 (ii) based on review of the facility’s Top-Screen, determines 

9 meets the risk criteria developed under section 

10 10652(f)(2)(B) of this title; and 

11 (B) is not an excluded facility. 

12 (4) EXCLUDED FACILITY.—The term ‘‘excluded facility’’ means— 

13 (A) a facility regulated under the Maritime Transportation Se14 curity Act of 2002 (Public Law 107–295; 116 Stat. 2064); 

15 (B) a public water system, as that term is defined in section 

16 1401 of the Public Health Service Act (42 U.S.C. 300f); 

17 (C) a treatment works, as that term is defined in section 212 

18 of the Federal Water Pollution Control Act (33 U.S.C. 1292); 

19 (D) a facility owned or operated by the Department of Defense 

20 or the Department of Energy; or 

21 (E) a facility subject to regulation by the Nuclear Regulatory 

22 Commission, or by a State that has entered into an agreement 

23 with the Nuclear Regulatory Commission under section 274(b) of 

24 the Atomic Energy Act of 1954 (42 U.S.C. 2021(b)) to protect 

25 against unauthorized access of any material, activity, or structure 

26 licensed by the Nuclear Regulatory Commission. 

27 (5) EXISTING CFATS REGULATION.—The term ‘‘existing CFATS reg28 ulation’’ means— 

29 (A) a regulation promulgated under section 550 of the Depart30 ment of Homeland Security Appropriations Act, 2007 (Public Law 

31 109–295), that was in effect on December 17, 2014; and 

32 (B) a Federal Register notice or other published guidance relat33 ing to section 550 of the Department of Homeland Security Ap34 propriations Act, 2007 (Public Law 109–295), that was in effect 

35 on December 17, 2014. 

36 (6) EXPEDITED APPROVAL FACILITY.—The term ‘‘expedited approval 

37 facility’’ means a covered chemical facility for which the owner or oper38 ator elects to submit a site security plan in accordance with section 

39 10652(d)(4) of this title. 

40 (7) FACIALLY DEFICIENT.—The term ‘‘facially deficient’’, relating to 

41 a site security plan, means a site security plan that does not support 


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1 a certification that the security measures in the plan address the secu2 rity vulnerability assessment and the risk-based performance standards 

3 for security for a facility, based on a review of— 

4 (A) the facility’s site security plan; 

5 (B) the facility’s Top-Screen; 

6 (C) the facility’s security vulnerability assessment; or 

7 (D) any other information that— 

8 (i) the facility submits to the Department; or 

9 (ii) the Department obtains from a public source or other 

10 source. 

11 (8) GUIDANCE FOR EXPEDITED APPROVAL FACILITIES.—The term 

12 ‘‘guidance for expedited approval facilities’’ means the guidance issued 

13 under section 10652(d)(4)(B)(i) of this title. 

14 (9) RISK ASSESSMENT.—The term ‘‘risk assessment’’ means the Sec15 retary’s application of relevant risk criteria identified in section 

16 10652(f)(2)(B) of this title. 

17 (10) TERRORIST SCREENING DATABASE.—The term ‘‘terrorist 

18 screening database’’ means the terrorist screening database maintained 

19 by the Federal Government Terrorist Screening Center or its successor. 

20 (11) TIER.—The term ‘‘tier’’ has the meaning given the term in sec21 tion 27.105 of title 6, Code of Federal Regulations, or any successor 

22 to section 27.105. 

23 (12) TIERING; TIERING METHODOLOGY.—The terms ‘‘tiering’’ and 

24 ‘‘tiering methodology’’ mean the procedure by which the Secretary as25 signs a tier to each covered chemical facility based on the risk assess26 ment for that covered chemical facility. 

27 (13) TOP-SCREEN.—The term ‘‘Top-Screen’’ has the meaning given 

28 the term in section 27.105 of title 6, Code of Federal Regulations, or 

29 any successor to section 27.105. 

30 (14) VULNERABILITY ASSESSMENT.—The term ‘‘vulnerability assess31 ment’’ means the identification of weaknesses in the security of a 

32 chemical facility of interest. 

33 § 10652. Chemical Facility Anti-Terrorism Standards Pro34 gram 

35 (a) ESTABLISHMENT.—There is in the Department a Chemical Facility 

36 Anti-Terrorism Standards Program. 

37 (b) DUTIES OF SECRETARY.—In carrying out the Chemical Facility Anti38 Terrorism Standards Program, the Secretary shall— 

39 (1) identify— 

40 (A) chemical facilities of interest; and 

41 (B) covered chemical facilities; 


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1 (2) require each chemical facility of interest to submit a Top-Screen 

2 and any other information the Secretary determines necessary to enable 

3 the Department to assess the security risks associated with the facility; 

4 (3) establish risk-based performance standards designed to address 

5 high levels of security risk at covered chemical facilities; and 

6 (4) require each covered chemical facility to— 

7 (A) submit a security vulnerability assessment; and 

8 (B) develop, submit, and implement a site security plan. 

9 (c) SECURITY MEASURES.— 

10 (1) IN GENERAL.—A facility, in developing a site security plan as 

11 required under subsection (b), shall include security measures that, in 

12 combination, appropriately address the security vulnerability assess13 ment and the risk-based performance standards for security for the fa14 cility. 

15 (2) EMPLOYEE INPUT.—To the greatest extent practicable, a facili16 ty’s security vulnerability assessment and site security plan shall in17 clude input from at least 1 facility employee and, where applicable, 1 

18 employee representative from the bargaining agent at that facility, each 

19 of whom possesses, in the determination of the facility’s security offi20 cer, relevant knowledge, experience, training, or education as pertains 

21 to matters of site security. 

22 (d) APPROVAL OR DISAPPROVAL OF SITE SECURITY PLANS.— 

23 (1) IN GENERAL.— 

24 (A) REVIEW.—Except as provided in paragraph (4), the Sec25 retary shall review and approve or disapprove each site security 

26 plan submitted pursuant to subsection (b). 

27 (B) BASES FOR DISAPPROVAL.—The Secretary— 

28 (i) may not disapprove a site security plan based on the 

29 presence or absence of a particular security measure; and 

30 (ii) shall disapprove a site security plan if the plan fails to 

31 satisfy the risk-based performance standards established pur32 suant to subsection (b)(3). 

33 (2) ALTERNATIVE SECURITY PROGRAMS.— 

34 (A) AUTHORITY TO APPROVE.— 

35 (i) IN GENERAL.—The Secretary may approve an alter36 native security program established by a private-sector entity 

37 or a Federal, State, or local authority or under other applica38 ble laws if the Secretary determines that the requirements of 

39 the program meet the requirements under this section. 

40 (ii) ADDITIONAL SECURITY MEASURES.—If the require41 ments of an alternative security program do not meet the reVerDate Sep 11 2014 18:05 Jun 12, 2018 Jkt 079200 PO 00000 Frm 00176 Fmt 6652 Sfmt 6221 E:\BILLS\H6063.IH H6063

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1 quirements under this section, the Secretary may recommend 

2 additional security measures to the program that will enable 

3 the Secretary to approve the program. 

4 (B) SATISFACTION OF SITE SECURITY PLAN REQUIREMENT.— 

5 A covered chemical facility may satisfy the site security plan re6 quirement under subsection (b)(4) by adopting an alternative secu7 rity program that the Secretary has— 

8 (i) reviewed and approved under subparagraph (A); and 

9 (ii) determined to be appropriate for the operations and se10 curity concerns of the covered chemical facility. 

11 (3) SITE SECURITY PLAN ASSESSMENTS.— 

12 (A) RISK ASSESSMENT POLICIES AND PROCEDURES.—In ap13 proving or disapproving a site security plan under this subsection, 

14 the Secretary shall employ the risk assessment policies and proce15 dures developed under this subchapter. 

16 (B) PREVIOUSLY APPROVED PLANS.—In the case of a covered 

17 chemical facility for which the Secretary approved a site security 

18 plan before December 18, 2014, the Secretary may not require the 

19 facility to resubmit the site security plan solely by reason of the 

20 enactment of this subchapter. 

21 (4) EXPEDITED APPROVAL PROGRAM.— 

22 (A) IN GENERAL.—A covered chemical facility assigned to tier 

23 3 or 4 may meet the requirement to develop and submit a site se24 curity plan under subsection (b)(4) by developing and submitting 

25 to the Secretary— 

26 (i) a site security plan and the certification described in 

27 subparagraph (C); or 

28 (ii) a site security plan in conformance with a template au29 thorized under subparagraph (H). 

30 (B) GUIDANCE FOR EXPEDITED APPROVAL FACILITIES.— 

31 (i) IN GENERAL.—The Secretary shall issue guidance for 

32 expedited approval facilities that identifies specific security 

33 measures that are sufficient to meet the risk-based perform34 ance standards. 

35 (ii) MATERIAL DEVIATION FROM GUIDANCE.—If a security 

36 measure in the site security plan of an expedited approval fa37 cility materially deviates from a security measure in the guid38 ance for expedited approval facilities, the site security plan 

39 shall include an explanation of how the security measure 

40 meets the risk-based performance standards. 


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1 (iii) APPLICABILITY OF OTHER LAWS TO DEVELOPMENT

2 AND ISSUANCE OF INITIAL GUIDANCE.—In developing and 

3 issuing, or amending, the guidance for expedited approval fa4 cilities under this subparagraph and in collecting information 

5 from expedited approval facilities, the Secretary shall not be 

6 subject to— 

7 (I) section 553 of title 5; 

8 (II) subchapter I of chapter 35 of title 44; or 

9 (III) section 10657(b) of this title. 

10 (C) CERTIFICATION.—The owner or operator of an expedited 

11 approval facility shall submit to the Secretary a certification, 

12 signed under penalty of perjury, that— 

13 (i) the owner or operator is familiar with the requirements 

14 of this subchapter and part 27 of title 6, Code of Federal 

15 Regulations, or any successor to this subchapter or part 27, 

16 and the site security plan being submitted; 

17 (ii) the site security plan includes the security measures re18 quired by subsection (c); 

19 (iii)(I) the security measures in the site security plan do 

20 not materially deviate from the guidance for expedited ap21 proval facilities except where indicated in the site security 

22 plan; 

23 (II) any deviations from the guidance for expedited ap24 proval facilities in the site security plan meet the risk-based 

25 performance standards for the tier to which the facility is as26 signed; and 

27 (III) the owner or operator has provided an explanation of 

28 how the site security plan meets the risk-based performance 

29 standards for any material deviation; 

30 (iv) the owner or operator has visited, examined, docu31 mented, and verified that the expedited approval facility 

32 meets the criteria set forth in the site security plan; 

33 (v) the expedited approval facility has implemented all of 

34 the required performance measures outlined in the site secu35 rity plan or set out planned measures that will be imple36 mented within a reasonable time period stated in the site se37 curity plan; 

38 (vi) each individual responsible for implementing the site 

39 security plan has been made aware of the requirements rel40 evant to the individual’s responsibility contained in the site 


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1 security plan and has demonstrated competency to carry out 

2 those requirements; 

3 (vii) the owner or operator has committed, or, in the case 

4 of planned measures, will commit, the necessary resources to 

5 fully implement the site security plan; and 

6 (viii) the planned measures include an adequate procedure 

7 for addressing events beyond the control of the owner or oper8 ator in implementing any planned measures. 

9 (D) DEADLINE.— 

10 (i) DATE FOR SUBMISSION TO SECRETARY.—The owner or 

11 operator of an expedited approval facility shall submit to the 

12 Secretary the site security plan and the certification described 

13 in subparagraph (C) not later than 120 days after— 

14 (I) for an expedited approval facility that was assigned 

15 to tier 3 or 4 under existing CFATS regulations before 

16 December 18, 2014, the date that is 210 days after De17 cember 18, 2014; and 

18 (II) for any expedited approval facility not described 

19 in subclause (I), the later of— 

20 (aa) the date on which the expedited approval fa21 cility is assigned to tier 3 or 4 under subsection 

22 (e)(2)(A); or 

23 (bb) the date that is 210 days after December 18, 

24 2014. 

25 (ii) NOTICE.—An owner or operator of an expedited ap26 proval facility shall notify the Secretary of the intent of the 

27 owner or operator to certify the site security plan for the ex28 pedited approval facility not later than 30 days before the 

29 date on which the owner or operator submits the site security 

30 plan and certification described in subparagraph (C). 

31 (E) COMPLIANCE.— 

32 (i) IN GENERAL.—For an expedited approval facility sub33 mitting a site security plan and certification in accordance 

34 with subparagraphs (A), (B), (C), and (D)— 

35 (I) the expedited approval facility shall comply with all 

36 of the requirements of its site security plan; and 

37 (II) the Secretary— 

38 (aa) except as provided in subparagraph (G), may 

39 not disapprove the site security plan; and 


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1 (bb) may audit and inspect the expedited ap2 proval facility under subsection (e) to verify compli3 ance with its site security plan. 

4 (ii) NONCOMPLIANCE.—If the Secretary determines an ex5 pedited approval facility is not in compliance with the require6 ments of the site security plan or is otherwise in violation of 

7 this subchapter, the Secretary may enforce compliance in ac8 cordance with section 10654 of this title. 

9 (F) AMENDMENTS TO SITE SECURITY PLAN.— 

10 (i) REQUIREMENT.— 

11 (I) IN GENERAL.—If the owner or operator of an ex12 pedited approval facility amends a site security plan sub13 mitted under subparagraph (A), the owner or operator 

14 shall submit the amended site security plan and a certifi15 cation relating to the amended site security plan that 

16 contains the information described in subparagraph (C). 

17 (II) TECHNICAL AMENDMENTS.—For purposes of this 

18 clause, an amendment to a site security plan includes 

19 any technical amendment to the site security plan. 

20 (ii) WHEN AMENDMENT REQUIRED.—The owner or oper21 ator of an expedited approval facility shall amend the site se22 curity plan if— 

23 (I) there is a change in the design, construction, oper24 ation, or maintenance of the expedited approval facility 

25 that affects the site security plan; 

26 (II) the Secretary requires additional security meas27 ures or suspends a certification and recommends addi28 tional security measures under subparagraph (G); or 

29 (III) the owner or operator receives notice from the 

30 Secretary of a change in tiering under subsection (f)(3). 

31 (iii) DEADLINE.—An amended site security plan and cer32 tification shall be submitted under clause (i)— 

33 (I) in the case of a change in design, construction, op34 eration, or maintenance of the expedited approval facility 

35 that affects the security plan, not later than 120 days 

36 after the date on which the change in design, construc37 tion, operation, or maintenance occurred; 

38 (II) in the case of the Secretary requiring additional 

39 security measures or suspending a certification and rec40 ommending additional security measures under subpara41 graph (G), not later than 120 days after the date on 


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1 which the owner or operator receives notice of the re2 quirement for additional security measures or suspension 

3 of the certification and recommendation of additional se4 curity measures; and 

5 (III) in the case of a change in tiering, not later than 

6 120 days after the date on which the owner or operator 

7 receives notice under subsection (f)(3). 

8 (G) FACIALLY DEFICIENT SITE SECURITY PLANS.— 

9 (i) PROHIBITION.—Notwithstanding subparagraph (A) or 

10 (E), the Secretary may suspend the authority of a covered 

11 chemical facility to certify a site security plan if the Sec12 retary— 

13 (I) determines the certified site security plan or an 

14 amended site security plan is facially deficient; and 

15 (II) not later than 100 days after the date on which 

16 the Secretary receives the site security plan and certifi17 cation, provides the covered chemical facility with written 

18 notification that the site security plan is facially defi19 cient, including a clear explanation of each deficiency in 

20 the site security plan. 

21 (ii) ADDITIONAL SECURITY MEASURES.— 

22 (I) IN GENERAL.—If, during or after a compliance in23 spection of an expedited approval facility, the Secretary 

24 determines that planned or implemented security meas25 ures in the site security plan of the facility are insuffi26 cient to meet the risk-based performance standards 

27 based on misrepresentation, omission, or an inadequate 

28 description of the site, the Secretary may— 

29 (aa) require additional security measures; or 

30 (bb) suspend the certification of the facility. 

31 (II) RECOMMENDATION OF ADDITIONAL SECURITY

32 MEASURES.—If the Secretary suspends the certification 

33 of an expedited approval facility under subclause (I), the 

34 Secretary shall— 

35 (aa) recommend specific additional security meas36 ures that, if made part of the site security plan by 

37 the facility, would enable the Secretary to approve 

38 the site security plan; and 

39 (bb) provide the facility an opportunity to submit 

40 a new or modified site security plan and certifi41 cation under subparagraph (A). 


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1 (III) SUBMISSION; REVIEW.—If an expedited approval 

2 facility determines to submit a new or modified site secu3 rity plan and certification as authorized under subclause 

4 (II)(bb)— 

5 (aa) not later than 90 days after the date on 

6 which the facility receives recommendations under 

7 subclause (II)(aa), the facility shall submit the new 

8 or modified plan and certification; and 

9 (bb) not later than 45 days after the date on 

10 which the Secretary receives the new or modified 

11 plan under item (aa), the Secretary shall review the 

12 plan and determine whether the plan is facially defi13 cient. 

14 (IV) DETERMINATION NOT TO INCLUDE ADDITIONAL

15 SECURITY MEASURES.— 

16 (aa) REVOCATION OF CERTIFICATION.—If an ex17 pedited approval facility does not agree to include in 

18 its site security plan specific additional security 

19 measures recommended by the Secretary under sub20 clause (II)(aa), or does not submit a new or modi21 fied site security plan in accordance with subclause 

22 (III), the Secretary may revoke the certification of 

23 the facility by issuing an order under section 

24 10654(a)(1)(B) of this title. 

25 (bb) EFFECT OF REVOCATION.—If the Secretary 

26 revokes the certification of an expedited approval fa27 cility under item (aa) by issuing an order under sec28 tion 10654(a)(1)(B) of this title— 

29 (AA) the order shall require the owner or op30 erator of the facility to submit a site security 

31 plan or alternative security program for review 

32 by the Secretary under subsection (d)(1) or 

33 (2); and 

34 (BB) the facility shall no longer be eligible 

35 to certify a site security plan under this para36 graph. 

37 (V) FACIAL DEFICIENCY.—If the Secretary determines 

38 that a new or modified site security plan submitted by 

39 an expedited approval facility under subclause (III) is 

40 facially deficient— 


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1 (aa) not later than 120 days after the date of the 

2 determination, the owner or operator of the facility 

3 shall submit a site security plan or alternative secu4 rity program for review by the Secretary under sub5 section (d)(1) or (2); and 

6 (bb) the facility shall no longer be eligible to cer7 tify a site security plan under this paragraph. 

8 (H) TEMPLATES.— 

9 (i) IN GENERAL.—The Secretary may develop prescriptive 

10 site security plan templates with specific security measures to 

11 meet the risk-based performance standards under subsection 

12 (b)(3) for adoption and certification by a covered chemical fa13 cility assigned to tier 3 or 4 in lieu of developing and certi14 fying its own plan. 

15 (ii) APPLICABILITY OF OTHER LAWS TO DEVELOPING AND

16 ISSUING INITIAL SITE SECURITY PLAN TEMPLATES AND RE17 LATED GUIDANCE AND TO COLLECTING INFORMATION.—Dur18 ing the period before the Secretary has met the deadline 

19 under subparagraph (B)(i), in developing and issuing, or 

20 amending, the site security plan templates under this sub21 paragraph, in issuing guidance for implementation of the 

22 templates, and in collecting information from expedited ap23 proval facilities, the Secretary shall not be subject to— 

24 (I) section 553 of title 5; 

25 (II) subchapter I of chapter 35 of title 44; or 

26 (III) section 10657(b) of this title. 

27 (iii) RULE OF CONSTRUCTION.—Nothing in this subpara28 graph shall be construed to prevent a covered chemical facil29 ity from developing and certifying its own security plan in ac30 cordance with subparagraph (A). 

31 (I) EVALUATION.— 

32 (i) IN GENERAL.—The Secretary shall take any appropriate 

33 action necessary for a full evaluation of the expedited ap34 proval program authorized under this paragraph, including 

35 conducting an appropriate number of inspections, as author36 ized under subsection (e), of expedited approval facilities. 

37 (ii) REPORT.—The Secretary shall submit to the Com38 mittee on Homeland Security and Governmental Affairs of 

39 the Senate and the Committee on Homeland Security and the 

40 Committee on Energy and Commerce of the House of Rep41 resentatives a report that contains— 


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1 (I)(aa) the number of eligible facilities using the expe2 dited approval program authorized under this paragraph; 

3 and 

4 (bb) the number of facilities that are eligible for the 

5 expedited approval program but are using the standard 

6 process for developing and submitting a site security 

7 plan under subsection (b)(4); 

8 (II) any costs and efficiencies associated with the ex9 pedited approval program; 

10 (III) the impact of the expedited approval program on 

11 the backlog for site security plan approval and authoriza12 tion inspections; 

13 (IV) an assessment of the ability of expedited approval 

14 facilities to submit facially sufficient site security plans; 

15 (V) an assessment of any impact of the expedited ap16 proval program on the security of chemical facilities; and 

17 (VI) a recommendation by the Secretary on the fre18 quency of compliance inspections that may be required 

19 for expedited approval facilities. 

20 (e) COMPLIANCE.— 

21 (1) AUDITS AND INSPECTIONS.— 

22 (A) DEFINITIONS.—In this paragraph: 

23 (i) NONDEPARTMENTAL.—The term ‘‘nondepartmental’’— 

24 (I) with respect to personnel, means personnel that is 

25 not employed by the Department; and 

26 (II) with respect to an entity, means an entity that is 

27 not a component or other authority of the Department. 

28 (ii) NONGOVERNMENTAL.—The term ‘‘nongovernmental’’— 

29 (I) with respect to personnel, means personnel that is 

30 not employed by the Federal Government; and 

31 (II) with respect to an entity, means an entity that is 

32 not an agency, department, or other authority of the 

33 Federal Government. 

34 (B) AUTHORITY TO CONDUCT AUDITS AND INSPECTIONS.—The 

35 Secretary shall conduct audits or inspections under this sub36 chapter using— 

37 (i) employees of the Department; 

38 (ii) nondepartmental or nongovernmental personnel ap39 proved by the Secretary; or 

40 (iii) a combination of individuals described in clauses (i) 

41 and (ii). 


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1 (C) SUPPORT PERSONNEL.—The Secretary may use nongovern2 mental personnel to provide administrative and logistical services 

3 in support of audits and inspections under this subchapter. 

4 (D) REPORTING STRUCTURE.— 

5 (i) NONDEPARTMENTAL AND NONGOVERNMENTAL AUDITS

6 AND INSPECTIONS.—Any audit or inspection conducted by an 

7 individual employed by a nondepartmental or nongovern8 mental entity shall be assigned in coordination with a regional 

9 supervisor with responsibility for supervising inspectors in the 

10 Infrastructure Security Compliance Division of the Depart11 ment for the region in which the audit or inspection is to be 

12 conducted. 

13 (ii) REQUIREMENT TO REPORT.—While an individual em14 ployed by a nondepartmental or nongovernmental entity is in 

15 the field conducting an audit or inspection under this sub16 section, the individual shall report to the regional supervisor 

17 with responsibility for supervising inspectors in the Infra18 structure Security Compliance Division of the Department for 

19 the region in which the individual is operating. 

20 (iii) APPROVAL.—The authority to approve a site security 

21 plan under subsection (d) or determine if a covered chemical 

22 facility is in compliance with an approved site security plan 

23 shall be exercised solely by the Secretary or a designee of the 

24 Secretary in the Department. 

25 (E) STANDARDS FOR AUDITORS AND INSPECTORS.—The Sec26 retary shall prescribe standards for the training and retraining of 

27 each individual used by the Department as an auditor or inspec28 tor, including each individual employed by the Department and all 

29 nondepartmental or nongovernmental personnel, including— 

30 (i) minimum training requirements for new auditors and 

31 inspectors; 

32 (ii) retraining requirements; 

33 (iii) minimum education and experience levels; 

34 (iv) the submission of information as required by the Sec35 retary to enable determination of whether the auditor or in36 spector has a conflict of interest; 

37 (v) the proper certification necessary to handle chemical38 terrorism vulnerability information (as defined in section 

39 27.105 of title 6, Code of Federal Regulations, or any suc40 cessor to section 27.105); 


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1 (vi) the reporting of any issue of non-compliance with this 

2 section to the Secretary within 24 hours; and 

3 (vii) any additional qualifications for fitness of duty as the 

4 Secretary may require. 

5 (F) CONDITIONS FOR NONGOVERNMENTAL AUDITORS AND IN6 SPECTORS.—If the Secretary arranges for an audit or inspection 

7 under subparagraph (B) to be carried out by a nongovernmental 

8 entity, the Secretary shall— 

9 (i) prescribe standards for the qualification of the individ10 uals who carry out the audits and inspections that are com11 mensurate with the standards for similar Government audi12 tors or inspectors; and 

13 (ii) ensure that any duties carried out by a nongovern14 mental entity are not inherently governmental functions. 

15 (2) PERSONNEL SURETY PROGRAM.— 

16 (A) ESTABLISHMENT.—For purposes of this subchapter, the 

17 Secretary shall establish and carry out a Personnel Surety Pro18 gram that— 

19 (i) does not require an owner or operator of a covered 

20 chemical facility that voluntarily participates in the program 

21 to submit information about an individual more than 1 time; 

22 (ii) provides a participating owner or operator of a covered 

23 chemical facility with relevant information about an individual 

24 based on vetting the individual against the terrorist screening 

25 database, to the extent that the feedback is necessary for the 

26 facility to be in compliance with regulations promulgated 

27 under this subchapter; and 

28 (iii) provides redress to an individual— 

29 (I) whose information was vetted against the terrorist 

30 screening database under the program; and 

31 (II) who believes that the personally identifiable infor32 mation submitted to the Department for vetting by a 

33 covered chemical facility, or its designated representa34 tive, was inaccurate. 

35 (B) IMPLEMENTATION.—To the extent that a risk-based per36 formance standard established under subsection (b) requires iden37 tifying individuals with ties to terrorism— 

38 (i) a covered chemical facility— 

39 (I) may satisfy its obligation under the standard by 

40 using any Federal screening program that periodically 

41 vets individuals against the terrorist screening database, 


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1 or any successor program, including the Personnel Sur2 ety Program established under subparagraph (A); and 

3 (II) shall— 

4 (aa) accept a credential from a Federal screening 

5 program described in subclause (I) if an individual 

6 who is required to be screened presents the creden7 tial; and 

8 (bb) address in its site security plan or alter9 native security program the measures it will take to 

10 verify that a credential or documentation from a 

11 Federal screening program described in subclause 

12 (I) is current; 

13 (ii) visual inspection shall be sufficient to meet the require14 ment under clause (i)(II)(bb), but the facility should consider 

15 other means of verification, consistent with the facility’s as16 sessment of the threat posed by acceptance of the credentials; 

17 and 

18 (iii) the Secretary may not require a covered chemical facil19 ity to submit any information about an individual unless the 

20 individual— 

21 (I) is to be vetted under the Personnel Surety Pro22 gram; or 

23 (II) has been identified as presenting a terrorism secu24 rity risk. 

25 (C) RIGHTS UNAFFECTED.—Nothing in this section shall super26 sede the ability— 

27 (i) of a facility to maintain its own policies regarding the 

28 access of individuals to restricted areas or critical assets; or 

29 (ii) of an employing facility and a bargaining agent, where 

30 applicable, to negotiate as to how the results of a background 

31 check may be used by the facility with respect to employment 

32 status. 

33 (3) AVAILABILITY OF INFORMATION.—The Secretary shall share 

34 with the owner or operator of a covered chemical facility any informa35 tion that the owner or operator needs to comply with this section. 

36 (f) RESPONSIBILITIES OF THE SECRETARY.— 

37 (1) IDENTIFICATION OF CHEMICAL FACILITIES OF INTEREST.—In 

38 carrying out this subchapter, the Secretary shall consult with the heads 

39 of other Federal agencies, States and political subdivisions thereof, rel40 evant business associations, and public and private labor organizations 

41 to identify all chemical facilities of interest. 


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1 (2) RISK ASSESSMENT.— 

2 (A) IN GENERAL.—For purposes of this subchapter, the Sec3 retary shall develop a security risk assessment approach and cor4 responding tiering methodology for covered chemical facilities that 

5 incorporates the relevant elements of risk, including threat, vulner6 ability, and consequence. 

7 (B) CRITERIA FOR DETERMINING SECURITY RISK.—The criteria 

8 for determining the security risk of terrorism associated with a 

9 covered chemical facility shall take into account— 

10 (i) relevant threat information; 

11 (ii) potential severe economic consequences and the poten12 tial loss of human life in the event of the facility being subject 

13 to attack, compromise, infiltration, or exploitation by terror14 ists; and 

15 (iii) vulnerability of the facility to attack, compromise, infil16 tration, or exploitation by terrorists. 

17 (3) CHANGES IN TIERING.— 

18 (A) MAINTENANCE OF RECORDS.—The Secretary shall docu19 ment the basis for each instance in which— 

20 (i) tiering for a covered chemical facility is changed; or 

21 (ii) a covered chemical facility is determined to no longer 

22 be subject to the requirements under this subchapter. 

23 (B) REQUIRED INFORMATION.—The records maintained under 

24 subparagraph (A) shall include information on whether and how 

25 the Secretary confirmed the information that was the basis for the 

26 change or determination described in subparagraph (A). 

27 (4) SEMIANNUAL PERFORMANCE REPORTING.—Not later than 6 

28 months after December 18, 2014, and not less frequently than once 

29 every 6 months after that date, the Secretary shall submit to the Com30 mittee on Homeland Security and Governmental Affairs of the Senate 

31 and the Committee on Homeland Security and the Committee on En32 ergy and Commerce of the House of Representatives a report that in33 cludes, for the period covered by the report— 

34 (A) the number of covered chemical facilities in the United 

35 States; 

36 (B) information— 

37 (i) describing— 

38 (I) the number of instances in which the Secretary— 

39 (aa) placed a covered chemical facility in a lower 

40 risk tier; or 


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1 (bb) determined that a facility that had pre2 viously met the criteria for a covered chemical facil3 ity under section 10651(3) of this title no longer 

4 met the criteria; and 

5 (II) the basis, in summary form, for each action or de6 termination under subclause (I); and 

7 (ii) that is provided in a sufficiently anonymized form to 

8 ensure that the information does not identify any specific fa9 cility or company as the source of the information when 

10 viewed alone or in combination with other public information; 

11 (C) the average number of days spent reviewing site security or 

12 an alternative security program for a covered chemical facility 

13 prior to approval; 

14 (D) the number of covered chemical facilities inspected; 

15 (E) the average number of covered chemical facilities inspected 

16 per inspector; and 

17 (F) any other information that the Secretary determines will be 

18 helpful to Congress in evaluating the performance of the Chemical 

19 Facility Anti-Terrorism Standards Program. 

20 § 10653. Protection and sharing of information 

21 (a) IN GENERAL.—Information developed under this subchapter, includ22 ing vulnerability assessments, site security plans, and other security related 

23 information, records, and documents shall be given protections from public 

24 disclosure consistent with the protection of similar information under sec25 tion 70103(d) of title 46. 

26 (b) SHARING OF INFORMATION WITH STATES AND LOCAL GOVERN27 MENTS.—Nothing in this section shall be construed to prohibit the sharing 

28 of information developed under this subchapter, as the Secretary determines 

29 appropriate, with State and local government officials possessing a need to 

30 know and the necessary security clearances, including law enforcement offi31 cials and first responders, for the purpose of carrying out this subchapter, 

32 provided that the information may not be disclosed pursuant to any State 

33 or local law. 

34 (c) SHARING OF INFORMATION WITH FIRST RESPONDERS.— 

35 (1) REQUIREMENT.—The Secretary shall provide to State, local, and 

36 regional fusion centers (as that term is defined in section 10512(a)(1) 

37 of this title) and State and local government officials, as the Secretary 

38 determines appropriate, such information as is necessary to help ensure 

39 that first responders are properly prepared and provided with the situa40 tional awareness needed to respond to security incidents at covered 

41 chemical facilities. 


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1 (2) DISSEMINATION.—The Secretary shall disseminate information 

2 under paragraph (1) through a medium or system determined by the 

3 Secretary to be appropriate to ensure the secure and expeditious dis4 semination of the information to necessary selected individuals. 

5 (d) ENFORCEMENT PROCEEDINGS.—In any proceeding to enforce this 

6 section, vulnerability assessments, site security plans, and other information 

7 submitted to or obtained by the Secretary under this subchapter, and re8 lated vulnerability or security information, shall be treated as if the infor9 mation were classified information. 

10 (e) AVAILABILITY OF INFORMATION.—Notwithstanding any other provi11 sion of law (including section 552(b)(3) of title 5), section 552 of title 5 

12 (known as the ‘‘Freedom of Information Act’’) shall not apply to informa13 tion protected from public disclosure pursuant to subsection (a). 

14 (f) SHARING OF INFORMATION WITH MEMBERS OF CONGRESS.—Nothing 

15 in this section shall prohibit the Secretary from disclosing information devel16 oped under this subchapter to a Member of Congress in response to a re17 quest by a Member of Congress. 

18 § 10654. Civil enforcement 

19 (a) NOTICE OF NONCOMPLIANCE.— 

20 (1) IN GENERAL.—If the Secretary determines that a covered chem21 ical facility is not in compliance with this subchapter, the Secretary 

22 shall— 

23 (A) provide the owner or operator of the facility— 

24 (i) not later than 14 days after the date on which the Sec25 retary makes the determination, a written notification of non26 compliance that includes a clear explanation of any deficiency 

27 in the security vulnerability assessment or site security plan; 

28 and 

29 (ii) an opportunity for consultation with the Secretary or 

30 the Secretary’s designee; and 

31 (B) issue to the owner or operator of the facility an order to 

32 comply with this subchapter by a date specified by the Secretary 

33 in the order, which date shall be not later than 180 days after the 

34 date on which the Secretary issues the order. 

35 (2) CONTINUED NONCOMPLIANCE.—If an owner or operator remains 

36 noncompliant after the procedures outlined in paragraph (1) have been 

37 executed, or demonstrates repeated violations of this subchapter, the 

38 Secretary may enter an order in accordance with this section assessing 

39 a civil penalty, an order to cease operations, or both. 

40 (b) CIVIL PENALTIES.— 


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1 (1) VIOLATIONS OF ORDERS.—Any person who violates an order 

2 issued under this subchapter shall be liable for a civil penalty under 

3 section 70119(a) of title 46. 

4 (2) NON-REPORTING CHEMICAL FACILITIES OF INTEREST.—Any 

5 owner of a chemical facility of interest who fails to comply with, or 

6 knowingly submits false information under, this subchapter or the 

7 CFATS regulations shall be liable for a civil penalty under section 

8 70119(a) of title 46. 

9 (c) EMERGENCY ORDERS.— 

10 (1) IN GENERAL.—Notwithstanding subsection (a) or any site secu11 rity plan or alternative security program approved under this sub12 chapter, if the Secretary determines that there is an imminent threat 

13 of death, serious illness, or severe personal injury, due to a violation 

14 of this subchapter or the risk of a terrorist incident that may affect 

15 a chemical facility of interest, the Secretary— 

16 (A) shall consult with the facility, if practicable, on steps to 

17 mitigate the risk; and 

18 (B) may order the facility, without notice or opportunity for a 

19 hearing, effective immediately or as soon as practicable, to— 

20 (i) implement appropriate emergency security measures; or 

21 (ii) cease or reduce some or all operations, in accordance 

22 with safe shutdown procedures, if the Secretary determines 

23 that such a cessation or reduction of operations is the most 

24 appropriate means to address the risk. 

25 (2) LIMITATION ON DELEGATION.—The Secretary may not delegate 

26 the authority under paragraph (1) to any official other than the Under 

27 Secretary responsible for overseeing critical infrastructure protection, 

28 cybersecurity, and other related programs of the Department appointed 

29 under section 10302(b)(1)(H) of this title. 

30 (3) LIMITATION ON AUTHORITY.—The Secretary may exercise the 

31 authority under this subsection only to the extent necessary to abate 

32 the imminent threat determination under paragraph (1). 

33 (4) DUE PROCESS FOR FACILITY OWNER OR OPERATOR.— 

34 (A) WRITTEN ORDERS.—An order issued by the Secretary 

35 under paragraph (1) shall be in the form of a written emergency 

36 order that— 

37 (i) describes the violation or risk that creates the imminent 

38 threat; 

39 (ii) states the security measures or order issued or im40 posed; and 


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1 (iii) describes the standards and procedures for obtaining 

2 relief from the order. 

3 (B) OPPORTUNITY FOR REVIEW.—After issuing an order under 

4 paragraph (1) with respect to a chemical facility of interest, the 

5 Secretary shall provide for review of the order under section 554 

6 of title 5 if a petition for review is filed not later than 20 days 

7 after the date on which the Secretary issues the order. 

8 (C) EXPIRATION OF EFFECTIVENESS OF ORDER.—If a petition 

9 for review of an order is filed under subparagraph (B) and the re10 view under that paragraph is not completed by the last day of the 

11 30-day period beginning on the date on which the petition is filed, 

12 the order shall vacate automatically at the end of that period un13 less the Secretary determines, in writing, that the imminent threat 

14 providing a basis for the order continues to exist. 

15 (d) RIGHT OF ACTION.—Nothing in this subchapter confers upon any in16 dividual except the Secretary or his or her designee a right of action against 

17 an owner or operator of a covered chemical facility to enforce any provision 

18 of this subchapter. 

19 § 10655. Whistleblower protections 

20 (a) PROCEDURE FOR REPORTING PROBLEMS.— 

21 (1) ESTABLISHMENT.—The Secretary shall establish, and provide in22 formation to the public regarding, a procedure under which any em23 ployee or contractor of a chemical facility of interest may submit a re24 port to the Secretary regarding a violation of a requirement under this 

25 subchapter. 

26 (2) CONFIDENTIALITY.—The Secretary shall keep confidential the 

27 identity of an individual who submits a report under paragraph (1), 

28 and the report shall be treated as a record containing protected infor29 mation to the extent that the report does not consist of publicly avail30 able information. 

31 (3) ACKNOWLEDGMENT OF RECEIPT.—If a report submitted under 

32 paragraph (1) identifies the individual making the report, the Secretary 

33 shall promptly respond to the individual directly and shall promptly ac34 knowledge receipt of the report. 

35 (4) STEPS TO ADDRESS PROBLEMS.—The Secretary— 

36 (A) shall review and consider the information provided in any 

37 report submitted under paragraph (1); and 

38 (B) may take action under section 10654 of this title if nec39 essary to address any substantiated violation of a requirement 

40 under this subchapter identified in the report. 

41 (5) DUE PROCESS FOR FACILITY OWNER OR OPERATOR.— 


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1 (A) IN GENERAL.—If, on the review described in paragraph (4), 

2 the Secretary determines that a violation of a provision of this 

3 subchapter, or a regulation prescribed under this subchapter, has 

4 occurred, the Secretary may— 

5 (i) institute a civil enforcement under section 10654(a) of 

6 this title; or 

7 (ii) if the Secretary makes the determination under section 

8 10654(c) of this title, issue an emergency order. 

9 (B) WRITTEN ORDERS.—The action of the Secretary under 

10 paragraph (4) shall be in a written form that— 

11 (i) describes the violation; 

12 (ii) states the authority under which the Secretary is pro13 ceeding; and 

14 (iii) describes the standards and procedures for obtaining 

15 relief from the order. 

16 (C) OPPORTUNITY FOR REVIEW.—After taking action under 

17 paragraph (4), the Secretary shall provide for review of the action 

18 if a petition for review is filed within 20 calendar days of the date 

19 of issuance of the order for the action. 

20 (D) EXPIRATION OF EFFECTIVENESS OF ORDER.—If a petition 

21 for review of an action is filed under subparagraph (C) and the 

22 review under that subparagraph is not completed by the end of the 

23 30-day period beginning on the date the petition is filed, the ac24 tion shall cease to be effective at the end of that period unless the 

25 Secretary determines, in writing, that the violation providing a 

26 basis for the action continues to exist. 

27 (6) RETALIATION PROHIBITED.— 

28 (A) IN GENERAL.—An owner or operator of a chemical facility 

29 of interest or agent thereof may not discharge an employee or oth30 erwise discriminate against an employee with respect to the com31 pensation provided to, or terms, conditions, or privileges of the 

32 employment of, the employee because the employee (or an indi33 vidual acting pursuant to a request of the employee) submitted a 

34 report under paragraph (1). 

35 (B) EXCEPTION.—An employee shall not be entitled to the pro36 tections under this section if the employee— 

37 (i) knowingly and willfully makes any false, fictitious, or 

38 fraudulent statement or representation; or 

39 (ii) uses any false writing or document knowing the writing 

40 or document contains any false, fictitious, or fraudulent state41 ment or entry. 


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1 (b) PROTECTED DISCLOSURES.—Nothing in this subchapter shall be con2 strued to limit the right of an individual to make any disclosure— 

3 (1) protected or authorized under section 2302(b)(8) or 7211 of title 

4 5; 

5 (2) protected under any other Federal or State law that shields the 

6 disclosing individual against retaliation or discrimination for having 

7 made the disclosure in the public interest; or 

8 (3) to the Special Counsel of an agency, the inspector general of an 

9 agency, or any other employee designated by the head of an agency to 

10 receive disclosures similar to the disclosures described in paragraphs 

11 (1) and (2). 

12 (c) PUBLICATION OF RIGHTS.—The Secretary, in partnership with indus13 try associations and labor organizations, shall make publicly available both 

14 physically and online the rights that an individual who discloses information, 

15 including security-sensitive information, regarding problems, deficiencies, or 

16 vulnerabilities at a covered chemical facility would have under Federal whis17 tleblower protection laws or this subchapter. 

18 (d) PROTECTED INFORMATION.—All information contained in a report 

19 made under subsection (a) shall be protected in accordance with section 

20 10653 of this title. 

21 § 10656. Relationship to other laws 

22 (a) OTHER FEDERAL LAWS.—Nothing in this subchapter shall be con23 strued to supersede, amend, alter, or affect any Federal law that— 

24 (1) regulates (including by requiring information to be submitted or 

25 made available) the manufacture, distribution in commerce, use, han26 dling, sale, other treatment, or disposal of chemical substances or mix27 tures; or 

28 (2) authorizes or requires the disclosure of any record or information 

29 obtained from a chemical facility under any law other than this sub30 chapter. 

31 (b) STATES AND POLITICAL SUBDIVISIONS.—This subchapter shall not 

32 preclude or deny any right of any State or political subdivision of a State 

33 to adopt or enforce any regulation, requirement, or standard of performance 

34 with respect to chemical facility security that is more stringent than a regu35 lation, requirement, or standard of performance issued under this sub36 chapter, or otherwise impair any right or jurisdiction of any State with re37 spect to chemical facilities within that State, unless there is an actual con38 flict between this section and the law of that State. 

39 § 10657. CFATS regulations 

40 (a) GENERAL AUTHORITY.—The Secretary may, in accordance with chap41 ter 5 of title 5, promulgate regulations or amend CFATS regulations that 


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1 existed 30 days after December 18, 2014, to implement the provisions under 

2 this subchapter. 

3 (b) EXISTING CFATS REGULATIONS.— 

4 (1) IN GENERAL.—Notwithstanding section 4(b) of the Protecting 

5 and Securing Chemical Facilities from Terrorist Attacks Act of 2014 

6 (Public Law 113–254, 128 Stat. 2919), each CFATS regulation that 

7 existed on December 18, 2014, remains in effect unless the Secretary 

8 amends, consolidates, or repeals the regulation. 

9 (2) REPEAL.—Not later than 30 days after December 18, 2014, the 

10 Secretary shall repeal any CFATS regulation that existed on that date 

11 that the Secretary determines is duplicative of, or conflicts with, this 

12 subchapter. 

13 (c) AUTHORITY.—The Secretary shall exclusively rely upon authority pro14 vided under this subchapter in— 

15 (1) determining compliance with this subchapter; 

16 (2) identifying chemicals of interest; and 

17 (3) determining security risk associated with a chemical facility. 

18 § 10658. Small covered chemical facilities 

19 (a) DEFINITION OF SMALL COVERED CHEMICAL FACILITY.—In this sec20 tion, the term ‘‘small covered chemical facility’’ means a covered chemical 

21 facility that— 

22 (1) has fewer than 100 employees employed at the covered chemical 

23 facility; and 

24 (2) is owned and operated by a small business concern (as defined 

25 in section 3 of the Small Business Act (15 U.S.C. 632). 

26 (b) ASSISTANCE TO FACILITIES.—The Secretary may provide guidance 

27 and, as appropriate, tools, methodologies, or computer software, to assist 

28 small covered chemical facilities in developing the physical security, cyberse29 curity, recordkeeping, and reporting procedures required under this sub30 chapter. 

31 (c) REPORT.—The Secretary shall submit to the Committee on Homeland 

32 Security and Governmental Affairs of the Senate and the Committee on 

33 Homeland Security and the Committee on Energy and Commerce of the 

34 House of Representatives a report on best practices that may assist small 

35 covered chemical facilities in the development of physical security best prac36 tices. 

37 § 10659. Outreach to chemical facilities of interest 

38 The Secretary shall establish an outreach implementation plan, in coordi39 nation with the heads of other appropriate Federal and State agencies, rel40 evant business associations, and public and private labor organizations, to— 

41 (1) identify chemical facilities of interest; and 


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1 (2) make available compliance assistance materials and information 

2 on education and training. 

3 § 10660. Termination 

4 The authority provided under this subchapter terminates on January 17, 

5 2019. 

6 Chapter 107—Science and Technology in 

7 Support of Homeland Security 

Sec. 

10701. Responsibilities and authorities of the Under Secretary for Science and Technology. 

10702. Functions transferred. 

10703. Conduct of certain public health-related activities. 

10704. Federally funded research and development centers. 

10705. Miscellaneous provisions. 

10706. Homeland Security Advanced Research Projects Agency. 

10707. Conduct of research, development, demonstration, testing, and evaluation. 

10708. Utilization of Department of Energy national laboratories and sites in support of 

homeland security activities. 

10709. Transfer of Plum Island Animal Disease Center, Department of Agriculture. 

10710. Homeland Security Science and Technology Advisory Committee. 

10711. Technology clearinghouse to encourage and support innovative solutions to enhance 

homeland security. 

10712. Enhancement of public safety communications interoperability. 

10713. Office for Interoperability and Compatibility. 

10714. Emergency communications interoperability research and development. 

10715. National Biosurveillance Integration Center. 

10716. Promoting antiterrorism through international cooperation program. 

10717. National biodefense strategy and implementation plan. 

10718. Transparency in research and development. 

10719. EMP and GMD mitigation research and development. 

8 § 10701. Responsibilities and authorities of the Under Sec9 retary for Science and Technology 

10 The Secretary, acting through the Under Secretary for Science and Tech11 nology, is responsible for— 

12 (1) advising the Secretary regarding research and development ef13 forts and priorities in support of the Department’s missions; 

14 (2) developing, in consultation with other appropriate executive agen15 cies, a national policy and strategic plan for, identifying priorities, 

16 goals, objectives and policies for, and coordinating the Federal Govern17 ment’s civilian efforts to identify and develop, countermeasures to 

18 chemical, biological, and other emerging terrorist threats, including the 

19 development of— 

20 (A) comprehensive, research-based definable goals for the ef21 forts; and 

22 (B) annual measurable objectives and specific targets to accom23 plish and evaluate the goals for the efforts; 

24 (3) supporting the Under Secretary for Intelligence and Analysis and 

25 the Assistant Secretary for Infrastructure Protection, by assessing and 

26 testing homeland security vulnerabilities and possible threats; 


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1 (4) conducting basic and applied research, development, demonstra2 tion, testing, and evaluation activities that are relevant to any or all 

3 elements of the Department, through both intramural and extramural 

4 programs, except that the responsibility does not extend to human 

5 health-related research and development activities; 

6 (5) establishing priorities for, directing, funding, and conducting na7 tional research, development, test and evaluation, and procurement of, 

8 technology and systems for— 

9 (A) preventing the importation of chemical, biological, and re10 lated weapons and material; and 

11 (B) detecting, preventing, protecting against, and responding to, 

12 terrorist attacks; 

13 (6) establishing a system for transferring homeland security develop14 ments or technologies to Federal, State, local government, and private15 sector entities; 

16 (7) entering into work agreements, joint sponsorships, contracts, or 

17 other agreements with the Department of Energy regarding the use of 

18 the national laboratories or sites, and the support of the science and 

19 technology base at those facilities; 

20 (8) collaborating with the Secretary of Agriculture and the Attorney 

21 General as provided in section 212 of the Agricultural Bioterrorism 

22 Protection Act of 2002 (7 U.S.C. 8401); 

23 (9) collaborating with the Secretary of Health and Human Services 

24 and the Attorney General in determining any new biological agents and 

25 toxins that shall be listed as ‘‘select agents’’ in Appendix A of part 72 

26 of title 42, Code of Federal Regulations, pursuant to section 351A of 

27 the Public Health Service Act (42 U.S.C. 262a); 

28 (10) supporting United States leadership in science and technology; 

29 (11) establishing and administering the primary research and devel30 opment activities of the Department, including the long-term research 

31 and development needs and capabilities for all elements of the Depart32 ment; 

33 (12) coordinating and integrating all research, development, dem34 onstration, testing, and evaluation activities of the Department; 

35 (13) coordinating with other appropriate executive agencies in devel36 oping and carrying out the science and technology agenda of the De37 partment to reduce duplication and identify unmet needs; and 

38 (14) developing and overseeing the administration of guidelines for 

39 merit review of research and development projects throughout the De40 partment, and for the dissemination of research conducted or sponsored 

41 by the Department. 


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1 § 10702. Functions transferred 

2 The Secretary succeeds to the functions, personnel, assets, and liabilities 

3 of the following entities: 

4 (1) The following programs and activities of the Department of En5 ergy, including the functions of the Secretary of Energy relating there6 to (but not including programs and activities relating to the strategic 

7 nuclear defense posture of the United States): 

8 (A) The chemical and biological national security and sup9 porting programs and activities of the nonproliferation and 

10 verification research and development program. 

11 (B) The nuclear smuggling programs and activities within the 

12 proliferation detection program of the nonproliferation and 

13 verification research and development program. The programs and 

14 activities described in this subparagraph may be designated by the 

15 President either for transfer to the Department or for joint oper16 ation by the Secretary and the Secretary of Energy. 

17 (C) The nuclear assessment program and activities of the as18 sessment, detection, and cooperation program of the international 

19 materials protection and cooperation program. 

20 (D) Life sciences activities of the biological and environmental 

21 research program related to microbial pathogens designated by the 

22 President for transfer to the Department. 

23 (E) The Environmental Measurements Laboratory. 

24 (F) The advanced scientific computing research program and 

25 activities at Lawrence Livermore National Laboratory. 

26 (2) The National Bio-Weapons Defense Analysis Center of the De27 partment of Defense, including the functions of the Secretary of De28 fense related thereto. 

29 § 10703. Conduct of certain public health-related activities 

30 (a) IN GENERAL.—With respect to civilian human health-related research 

31 and development activities relating to countermeasures for chemical, biologi32 cal, radiological, and nuclear and other emerging terrorist threats carried 

33 out by the Department of Health and Human Services (including the Public 

34 Health Service), the Secretary of Health and Human Services shall set pri35 orities, goals, objectives, and policies and develop a coordinated strategy for 

36 the activities in collaboration with the Secretary of Homeland Security to 

37 ensure consistency with the national policy and strategic plan developed 

38 under section 10701 of this title. 

39 (b) EVALUATION OF PROGRESS.—In carrying out subsection (a), the Sec40 retary of Health and Human Services shall collaborate with the Secretary 

41 in developing specific benchmarks and outcome measurements for evaluating 


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1 progress toward achieving the priorities and goals described in the sub2 section. 

3 § 10704. Federally funded research and development centers 

4 The Secretary, acting through the Under Secretary for Science and Tech5 nology, shall have the authority to establish or contract with one or more 

6 federally funded research and development centers to provide independent 

7 analysis of homeland security issues, or to carry out other responsibilities 

8 under this subtitle, including coordinating and integrating both the extra9 mural and intramural programs described in section 10707 of this title. 

10 § 10705. Miscellaneous provisions 

11 (a) CLASSIFICATION.—To the greatest extent practicable, research con12 ducted or supported by the Department shall be unclassified. 

13 (b) CONSTRUCTION.—Nothing in this chapter shall be construed to pre14 clude any Under Secretary of the Department from carrying out research, 

15 development, demonstration, or deployment activities, as long as the activi16 ties are coordinated through the Under Secretary for Science and Tech17 nology. 

18 (c) REGULATIONS.—The Secretary, acting through the Under Secretary 

19 for Science and Technology, may issue necessary regulations with respect 

20 to research, development, demonstration, testing, and evaluation activities of 

21 the Department, including the conducting, funding, and reviewing of the ac22 tivities. 

23 § 10706. Homeland Security Advanced Research Projects 

24 Agency 

25 (a) DEFINITIONS.—In this section: 

26 (1) FUND.—The term ‘‘Fund’’ means the Acceleration Fund for Re27 search and Development of Homeland Security Technologies estab28 lished in subsection (c). 

29 (2) HOMELAND SECURITY RESEARCH.—The term ‘‘homeland secu30 rity research’’ means research relevant to the detection of, prevention 

31 of, protection against, response to, attribution of, and recovery from 

32 homeland security threats, particularly acts of terrorism. 

33 (3) HSARPA.—The term ‘‘HSARPA’’ means the Homeland Secu34 rity Advanced Research Projects Agency established in subsection (b). 

35 (4) UNDER SECRETARY.—The term ‘‘Under Secretary’’ means the 

36 Under Secretary for Science and Technology. 

37 (b) HOMELAND SECURITY ADVANCED RESEARCH PROJECTS AGENCY.— 

38 (1) ESTABLISHMENT.—There is in the Department the Homeland 

39 Security Advanced Research Projects Agency (HSARPA). 


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1 (2) DIRECTOR.—The Director is the head of HSARPA. The Director 

2 is appointed by the Secretary. The Director reports to the Under Sec3 retary. 

4 (3) RESPONSIBILITIES.—The Director shall administer the Fund to 

5 award competitive, merit-reviewed grants, cooperative agreements, or 

6 contracts to public or private entities, including businesses, federally 

7 funded research and development centers, and universities. The Direc8 tor shall administer the Fund to— 

9 (A) support basic and applied homeland security research to 

10 promote revolutionary changes in technologies that would promote 

11 homeland security; 

12 (B) advance the development, testing and evaluation, and de13 ployment of critical homeland security technologies; 

14 (C) accelerate the prototyping and deployment of technologies 

15 that would address homeland security vulnerabilities; and 

16 (D) conduct research and development for the purpose of ad17 vancing technology for the investigation of child exploitation 

18 crimes, including child victim identification, trafficking in individ19 uals, and child pornography, and for advanced forensics. 

20 (4) TARGETED COMPETITIONS.—The Director may solicit proposals 

21 to address specific vulnerabilities identified by the Director. 

22 (5) COORDINATION.—The Director shall ensure that the activities of 

23 HSARPA are coordinated with those of other relevant research agen24 cies, and may run projects jointly with other agencies. 

25 (6) PERSONNEL.—In hiring personnel for HSARPA, the Secretary 

26 has the hiring and management authorities described in section 1101 

27 of the Strom Thurmond National Defense Authorization Act for Fiscal 

28 Year 1999 (Public Law 105–261, 5 U.S.C. 3104 note). The term of 

29 appointments for employees under subsection (c)(1) of that section may 

30 not exceed 5 years before the granting of an extension under subsection 

31 (c)(2) of that section. 

32 (7) DEMONSTRATIONS.—The Director, periodically, shall hold home33 land security technology demonstrations to improve contact among 

34 technology developers, vendors and acquisition personnel. 

35 (c) FUND.— 

36 (1) ESTABLISHMENT.—There is in the Department the Acceleration 

37 Fund for Research and Development of Homeland Security Tech38 nologies (in this subsection referred to as the ‘‘Acceleration Fund’’). 

39 The Director administers the Acceleration Fund. 


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1 (2) AUTHORIZATION OF APPROPRIATIONS.—There are authorized to 

2 be appropriated to the Acceleration Fund such sums as may be nec3 essary. 

4 § 10707. Conduct of research, development, demonstration, 

5 testing, and evaluation 

6 (a) IN GENERAL.—The Secretary, acting through the Under Secretary 

7 for Science and Technology, shall carry out the responsibilities under section 

8 10701(4) of this title through both extramural and intramural programs. 

9 (b) EXTRAMURAL PROGRAMS.— 

10 (1) IN GENERAL.—The Secretary, acting through the Under Sec11 retary for Science and Technology, shall operate extramural research, 

12 development, demonstration, testing, and evaluation programs so as 

13 to— 

14 (A) ensure that colleges, universities, private research institutes, 

15 and companies (and consortia thereof) from as many areas of the 

16 United States as practicable participate; 

17 (B) ensure that the research funded is of high quality, as deter18 mined through merit review processes developed under section 

19 10701(14) of this title; and 

20 (C) distribute funds through grants, cooperative agreements, 

21 and contracts. 

22 (2) UNIVERSITY-BASED CENTERS FOR HOMELAND SECURITY.— 

23 (A) DESIGNATION.—The Secretary, acting through the Under 

24 Secretary for Science and Technology, shall designate a university25 based center or several university-based centers for homeland secu26 rity. The purpose of the center or these centers shall be to estab27 lish a coordinated, university-based system to enhance the Na28 tion’s homeland security. 

29 (B) CRITERIA FOR DESIGNATION.—Criteria for the designation 

30 of colleges or universities as a center for homeland security, shall 

31 include demonstrated expertise in— 

32 (i) the training of first responders; 

33 (ii) responding to incidents involving weapons of mass de34 struction and biological warfare; 

35 (iii) emergency and diagnostic medical services; 

36 (iv) chemical, biological, radiological, and nuclear counter37 measures or detection; 

38 (v) animal and plant health and diagnostics; 

39 (vi) food safety; 

40 (vii) water and wastewater operations; 

41 (viii) port and waterway security; 


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1 (ix) multi-modal transportation; 

2 (x) information security and information engineering; 

3 (xi) engineering; 

4 (xii) educational outreach and technical assistance; 

5 (xiii) border transportation and security; and 

6 (xiv) the public policy implications and public dissemination 

7 of homeland security related research and development; 

8 (C) DISCRETION OF SECRETARY.—To the extent that exercising 

9 discretion is in the interest of homeland security, and with respect 

10 to the designation of any given university-based center for home11 land security, the Secretary may except certain criteria as speci12 fied in subparagraph (B) and consider additional criteria beyond 

13 those specified in subparagraph (B). On designation of a univer14 sity-based center for homeland security, the Secretary shall that 

15 day publish in the Federal Register the criteria that were excepted 

16 or added in the selection process and the justification for the set 

17 of criteria that were used for that designation. 

18 (D) REPORT TO CONGRESS.—The Secretary shall report annu19 ally to Congress concerning the implementation of this section. 

20 The report shall indicate which center or centers have been des21 ignated and how the designation or designations enhance home22 land security, as well as report any decisions to revoke or modify 

23 the designations. 

24 (E) AUTHORIZATION OF APPROPRIATIONS.—There are author25 ized to be appropriated such sums as may be necessary to carry 

26 out this paragraph. 

27 (c) INTRAMURAL PROGRAMS.— 

28 (1) CONSULTATION.—In carrying out the duties under section 10701 

29 of this title, the Secretary, acting through the Under Secretary for 

30 Science and Technology, may draw upon the expertise of any labora31 tory of the Federal Government, whether operated by a contractor or 

32 the Government. 

33 (2) LABORATORIES.—The Secretary, acting through the Under Sec34 retary for Science and Technology, may establish a headquarters lab35 oratory for the Department at any laboratory or site and may establish 

36 additional laboratory units at other laboratories or sites. 

37 (3) CRITERIA FOR HEADQUARTERS LABORATORY.—If the Secretary 

38 chooses to establish a headquarters laboratory under paragraph (2), the 

39 Secretary shall do the following: 


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1 (A) Establish criteria for the selection of the headquarters lab2 oratory in consultation with the National Academy of Sciences, ap3 propriate Federal agencies, and other experts. 

4 (B) Publish the criteria in the Federal Register. 

5 (C) Evaluate all appropriate laboratories or sites against the 

6 criteria. 

7 (D) Select a laboratory or site on the basis of the criteria. 

8 (E) Report to the appropriate congressional committees on 

9 which laboratory was selected, how the selected laboratory meets 

10 the published criteria, and what duties the headquarters labora11 tory shall perform. 

12 (4) LIMITATION ON OPERATION OF LABORATORIES.—A laboratory 

13 may not begin operating as the headquarters laboratory of the Depart14 ment until at least 30 days after the transmittal of the report required 

15 by paragraph (3)(E). 

16 § 10708. Utilization of Department of Energy national lab17 oratories and sites in support of homeland secu18 rity activities 

19 (a) AUTHORITY TO UTILIZE NATIONAL LABORATORIES AND SITES.— 

20 (1) IN GENERAL.—In carrying out the missions of the Department, 

21 the Secretary may utilize the Department of Energy national labora22 tories and sites through one or more of the following methods, as the 

23 Secretary considers appropriate: 

24 (A) A joint sponsorship arrangement referred to in subsection 

25 (b). 

26 (B) A direct contract between the Department and the applica27 ble Department of Energy laboratory or site, subject to subsection 

28 (c). 

29 (C) A ‘‘work for others’’ basis made available by that laboratory 

30 or site. 

31 (D) Any other method provided by law. 

32 (2) ACCEPTANCE AND PERFORMANCE BY LABS AND SITES.—Not33 withstanding any other law governing the administration, mission, use, 

34 or operations of Department of Energy national laboratories and sites, 

35 the laboratories and sites may accept and perform work for the Sec36 retary, consistent with resources provided, and perform work on an 

37 equal basis to other missions at the laboratory and not on a noninter38 ference basis with other missions of the laboratory or site. 

39 (b) JOINT SPONSORSHIP ARRANGEMENTS.— 

40 (1) LABORATORIES.—The Department may be a joint sponsor, under 

41 a multiple agency sponsorship arrangement with the Department of 


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1 Energy, of one or more Department of Energy national laboratories in 

2 the performance of work. 

3 (2) SITES.—The Department may be a joint sponsor of a Depart4 ment of Energy site in the performance of work as if the site were a 

5 federally funded research and development center and the work were 

6 performed under a multiple agency sponsorship arrangement with the 

7 Department. 

8 (3) PRIMARY SPONSOR.—The Department of Energy shall be the pri9 mary sponsor under a multiple agency sponsorship arrangement re10 ferred to in paragraph (1) or (2). 

11 (4) LEAD AGENT.—The Secretary of Energy shall act as the lead 

12 agent in coordinating the formation and performance of a joint spon13 sorship arrangement under this subsection between the Department 

14 and a Department of Energy national laboratory or site. 

15 (5) COMPLIANCE WITH FEDERAL ACQUISITION REGULATION.—Work 

16 performed by a Department of Energy national laboratory or site under 

17 a joint sponsorship arrangement under this subsection shall comply 

18 with the policy on the use of federally funded research and development 

19 centers under the Federal Acquisition Regulation. 

20 (6) FUNDING.—The Department shall provide funds for work at the 

21 Department of Energy national laboratories or sites, as the case may 

22 be, under a joint sponsorship arrangement under this subsection under 

23 the same terms and conditions as apply to the primary sponsor of a 

24 national laboratory under section 3303(a)(1)(C) of title 41 or of a site 

25 to the extent the section applies to the site as a federally funded re26 search and development center by reason of this subsection. 

27 (c) SEPARATE CONTRACTING.—To the extent that programs or activities 

28 transferred by the Homeland Security Act of 2002 (Public Law 107-296, 

29 116 Stat. 2135) from the Department of Energy to the Department are 

30 being carried out through direct contracts with the operator of a national 

31 laboratory or site of the Department of Energy, the Secretary and the Sec32 retary of Energy shall ensure that direct contracts for the programs and 

33 activities between the Department and the operator are separate from the 

34 direct contracts of the Department of Energy with the operator. 

35 (d) AUTHORITY WITH RESPECT TO COOPERATIVE RESEARCH AND DE36 VELOPMENT AGREEMENTS AND LICENSING AGREEMENTS.—In connection 

37 with utilization of Department of Energy national laboratories and sites 

38 under this section, the Secretary may permit the director of a national lab39 oratory or site to enter into cooperative research and development agree40 ments or to negotiate licensing agreements with any person, any agency or 

41 instrumentality, of the United States, any unit of State or local government, 


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1 and any other entity under the authority granted by section 12 of the Ste2 venson-Wydler Technology Innovation Act of 1980 (15 U.S.C. 3710a). 

3 Technology may be transferred to a non-Federal party to an agreement con4 sistent with the provisions of sections 11 and 12 of that Act (15 U.S.C. 

5 3710, 3710a). 

6 (e) REIMBURSEMENT OF COSTS.—In the case of an activity carried out 

7 by the operator of a Department of Energy national laboratory or site in 

8 connection with the utilization of the laboratory or site under this section, 

9 the Department shall reimburse the Department of Energy for costs of the 

10 activity through a method under which the Secretary of Energy waives any 

11 requirement for the Department to pay administrative charges or personnel 

12 costs of the Department of Energy or its contractors in excess of the 

13 amount that the Secretary of Energy pays for an activity carried out by the 

14 contractor and paid for by the Department of Energy. 

15 (f) LABORATORY-DIRECTED RESEARCH AND DEVELOPMENT BY THE DE16 PARTMENT OF ENERGY.—No funds authorized to be appropriated or other17 wise made available to the Department in a fiscal year may be obligated 

18 or expended for laboratory directed research and development activities car19 ried out by the Department of Energy unless the activities support the mis20 sions of the Department. 

21 (g) OFFICE FOR NATIONAL LABORATORIES.—There is in the Directorate 

22 of Science and Technology the Office for National Laboratories. The Office 

23 is responsible for the coordination and utilization of the Department of En24 ergy national laboratories and sites under this section in a manner to create 

25 a networked laboratory system for the purpose of supporting the missions 

26 of the Department. 

27 (h) DEPARTMENT OF ENERGY COORDINATION ON HOMELAND SECURITY28 RELATED RESEARCH.—The Secretary of Energy shall ensure that research, 

29 development, test, and evaluation activities conducted in the Department of 

30 Energy that are directly or indirectly related to homeland security are fully 

31 coordinated with the Secretary to minimize duplication of effort and maxi32 mize the effective application of Federal budget resources. 

33 § 10709. Transfer of Plum Island Animal Disease Center, De34 partment of Agriculture 

35 (a) IN GENERAL.— The Secretary succeeds the Secretary of Agriculture 

36 as head of the Plum Island Animal Disease Center of the Department of 

37 Agriculture (in this section referred to as the ‘‘Center’’), including the as38 sets and liabilities of the Center. 

39 (b) CONTINUED DEPARTMENT OF AGRICULTURE ACCESS.—On comple40 tion of the transfer of the Center under subsection (a), the Secretary and 

41 the Secretary of Agriculture shall enter into an agreement to ensure that 


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1 the Department of Agriculture is able to carry out research, diagnostic, and 

2 other activities of the Department of Agriculture at the Center. 

3 (c) DIRECTION OF ACTIVITIES.—The Secretary of Agriculture shall con4 tinue to direct the research, diagnostic, and other activities of the Depart5 ment of Agriculture at the Center. 

6 (d) NOTIFICATION.—At least 180 days before a change in the biosafety 

7 level at the Center, the President shall notify Congress of the change and 

8 describe the reasons for the change. 

9 (e) RELOCATION OF NATIONAL BIO- AND AGRO-DEFENSE FACILITY.— 

10 (1) IN GENERAL.—Notwithstanding any other provision of law, if the 

11 Secretary determines that the National Bio- and Agro-defense Facility 

12 should be located at a site other than Plum Island, New York, the Sec13 retary shall ensure that the Administrator of General Services sells 

14 through public sale all real and related personal property and transpor15 tation assets that support Plum Island operations, subject to terms and 

16 conditions necessary to protect Government interests and meet program 

17 requirements. 

18 (2) PROCEEDS OF SALE.—The proceeds of the sale described in sub19 section (a) shall be deposited as offsetting collections into the Depart20 ment of Homeland Security Science and Technology ‘‘Research, Devel21 opment, Acquisition, and Operations’’ account and, subject to appro22 priation, shall be available until expended, for site acquisition, construc23 tion, and costs related to the construction of the National Bio- and 

24 Agro-defense Facility, including the costs associated with the sale, in25 cluding due diligence requirements, necessary environmental remedi26 ation at Plum Island, and reimbursement of expenses incurred by the 

27 General Services Administration. 

28 § 10710. Homeland Security Science and Technology Advi29 sory Committee 

30 (a) ESTABLISHMENT.—There is in the Department a Homeland Security 

31 Science and Technology Advisory Committee (in this section referred to as 

32 the ‘‘Advisory Committee’’). The Advisory Committee shall make rec33 ommendations with respect to the activities of the Under Secretary for 

34 Science and Technology, including identifying research areas of potential 

35 importance to the security of the Nation. 

36 (b) MEMBERSHIP.— 

37 (1) APPOINTMENT.—The Advisory Committee consists of 20 mem38 bers appointed by the Under Secretary for Science and Technology, in39 cluding emergency first-responders or representatives of organizations 

40 or associations of emergency first-responders. The Advisory Committee 

41 also shall include representatives of citizen groups, including economiVerDate Sep 11 2014 18:05 Jun 12, 2018 Jkt 079200 PO 00000 Frm 00206 Fmt 6652 Sfmt 6221 E:\BILLS\H6063.IH H6063

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1 cally disadvantaged communities. The individuals appointed as mem2 bers of the Advisory Committee— 

3 (A) shall be eminent in fields such as emergency response, re4 search, engineering, new product development, business, and man5 agement consulting; 

6 (B) shall be selected solely on the basis of established records 

7 of distinguished service; 

8 (C) shall not be employees of the Federal Government; and 

9 (D) shall be selected to provide representation of a cross-section 

10 of the research, development, demonstration, and deployment ac11 tivities supported by the Under Secretary for Science and Tech12 nology. 

13 (2) NATIONAL RESEARCH COUNCIL.—The Under Secretary for 

14 Science and Technology may enter into an arrangement for the Na15 tional Research Council to select members of the Advisory Committee, 

16 but only if the panel used by the National Research Council reflects 

17 the representation described in paragraph (1). 

18 (c) TERMS OF OFFICE.— 

19 (1) IN GENERAL.—Except as otherwise provided in this subsection, 

20 the term of office of each member of the Advisory Committee shall be 

21 3 years. 

22 (2) VACANCIES.—A member appointed to fill a vacancy occurring be23 fore the expiration of the term for which the member’s predecessor was 

24 appointed shall be appointed for the remainder of the term. 

25 (d) ELIGIBILITY.—A person who has completed 2 consecutive full terms 

26 of service on the Advisory Committee is ineligible for appointment during 

27 the 1-year period following the expiration of the 2d term. 

28 (e) MEETINGS.—The Advisory Committee shall meet at least quarterly at 

29 the call of the Chair or whenever one-third of the members request a meet30 ing in writing. Each member shall be given appropriate notice of the call 

31 of each meeting, whenever possible not less than 15 days before the meet32 ing. 

33 (f) QUORUM.—A majority of the members of the Advisory Committee not 

34 having a conflict of interest in the matter being considered by the Advisory 

35 Committee constitutes a quorum. 

36 (g) CONFLICT OF INTEREST RULES.—The Advisory Committee shall es37 tablish rules for determining when 1 of its members has a conflict of inter38 est in a matter being considered by the Advisory Committee. 

39 (h) REPORTS.— 

40 (1) ANNUAL REPORT.—The Advisory Committee shall submit an an41 nual report to the Under Secretary for Science and Technology for 


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1 transmittal to Congress on or before January 31 each year. The report 

2 shall describe the activities and recommendations of the Advisory Com3 mittee during the previous year. 

4 (2) ADDITIONAL REPORTS.—The Advisory Committee may submit to 

5 the Under Secretary for transmittal to Congress additional reports on 

6 specific policy matters it considers appropriate. 

7 (i) FEDERAL ADVISORY COMMITTEE ACT EXEMPTION.—Section 14 of 

8 the Federal Advisory Committee Act (5 U.S.C. App.) shall not apply to the 

9 Advisory Committee. 

10 § 10711. Technology clearinghouse to encourage and sup11 port innovative solutions to enhance homeland se12 curity 

13 (a) ESTABLISHMENT OF PROGRAM.—The Secretary, acting through the 

14 Under Secretary for Science and Technology, shall establish and promote 

15 a program to encourage technological innovation in facilitating the mission 

16 of the Department (as described in section 10301 of this title). 

17 (b) ELEMENTS OF PROGRAM.—The program described in subsection (a) 

18 shall include the following components: 

19 (1) The establishment of a centralized Federal clearinghouse for in20 formation relating to technologies that would further the mission of the 

21 Department for dissemination, as appropriate, to Federal, State, and 

22 local government and private-sector entities for additional review, pur23 chase, or use. 

24 (2) The issuance of announcements seeking unique and innovative 

25 technologies to advance the mission of the Department. 

26 (3) The establishment of a technical assistance team to assist in 

27 screening, as appropriate, proposals submitted to the Secretary (except 

28 as provided in subsection (c)(2)) to assess the feasibility, scientific and 

29 technical merits, and estimated cost of the proposals, as appropriate. 

30 (4) The provision of guidance, recommendations, and technical as31 sistance, as appropriate, to assist Federal, State, and local government 

32 and private-sector efforts to evaluate and implement the use of tech33 nologies described in paragraph (1) or (2). 

34 (5) The provision of information for persons seeking guidance on 

35 how to pursue proposals to develop or deploy technologies that would 

36 enhance homeland security, including information relating to Federal 

37 funding, regulation, or acquisition. 

38 (c) MISCELLANEOUS PROVISIONS.— 

39 (1) IN GENERAL.—Nothing in this section shall be construed as au40 thorizing the Secretary or the technical assistance team established 

41 under subsection (b)(3) to set standards for technology to be used by 


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1 the Department, another executive agency, a State or local government 

2 entity, or a private-sector entity. 

3 (2) CERTAIN PROPOSALS.—The technical assistance team established 

4 under subsection (b)(3) shall not consider or evaluate proposals sub5 mitted in response to a solicitation for offers for a pending procure6 ment or for a specific agency requirement. 

7 (3) COORDINATION.—In carrying out this section, the Secretary shall 

8 coordinate with the Technical Support Working Group (organized 

9 under the April 1982 National Security Decision Directive Numbered 

10 30). 

11 § 10712. Enhancement of public safety communications 

12 interoperability 

13 (a) DEFINITION OF INTEROPERABLE COMMUNICATIONS.—In this section, 

14 the term ‘‘interoperable communications’’ means the ability of emergency 

15 response providers and relevant Federal, State, and local government agen16 cies to communicate with each other as necessary, through a dedicated pub17 lic safety network utilizing information technology systems and radio com18 munications systems, and to exchange voice, data, and video with one an19 other on demand, in real time, as necessary. 

20 (b) COORDINATION OF PUBLIC SAFETY INTEROPERABLE COMMUNICA21 TIONS PROGRAMS.— 

22 (1) PROGRAM.—The Secretary, in consultation with the Secretary of 

23 Commerce and the Chairman of the Federal Communications Commis24 sion, shall establish a program to enhance public safety interoperable 

25 communications at all levels of government. The program shall— 

26 (A) establish a comprehensive national approach to achieving 

27 public safety interoperable communications; 

28 (B) coordinate with other Federal agencies in carrying out sub29 paragraph (A); 

30 (C) develop, in consultation with other appropriate Federal 

31 agencies and State and local authorities, appropriate minimum ca32 pabilities for communications interoperability for Federal, State, 

33 and local public safety agencies; 

34 (D) accelerate, in consultation with other Federal agencies, in35 cluding the National Institute of Standards and Technology, the 

36 private sector, and nationally recognized standards organizations 

37 as appropriate, the development of national voluntary consensus 

38 standards for public safety interoperable communications, recog39 nizing— 

40 (i) the value, life cycle, and technical capabilities of existing 

41 communications infrastructure; 


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1 (ii) the need for cross-border interoperability between 

2 States and nations; 

3 (iii) the unique needs of small, rural communities; and 

4 (iv) the interoperability needs for daily operations and cata5 strophic events; 

6 (E) encourage the development and implementation of flexible 

7 and open architectures incorporating, where possible, technologies 

8 that currently are commercially available, with appropriate levels 

9 of security, for short-term and long-term solutions to public safety 

10 communications interoperability; 

11 (F) assist other Federal agencies in identifying priorities for re12 search, development, testing, and evaluation with regard to public 

13 safety interoperable communications; 

14 (G) identify priorities in the Department for research, develop15 ment, and testing and evaluation with regard to public safety 

16 interoperable communications; 

17 (H) establish coordinated guidance for Federal grant programs 

18 for public safety interoperable communications; 

19 (I) provide technical assistance to State and local public safety 

20 agencies regarding planning, acquisition strategies, interoperability 

21 architectures, training, and other functions necessary to achieve 

22 public safety communications interoperability; 

23 (J) develop and disseminate best practices to improve public 

24 safety communications interoperability; and 

25 (K) develop appropriate performance measures and milestones 

26 to systematically measure the Nation’s progress toward achieving 

27 public safety communications interoperability, including the devel28 opment of national voluntary consensus standards. 

29 (2) OFFICE FOR INTEROPERABILITY AND COMPATIBILITY.— 

30 (A) ESTABLISHMENT.—The Secretary may establish an Office 

31 for Interoperability and Compatibility in the Directorate of Science 

32 and Technology to carry out this subsection. 

33 (B) FUNCTIONS.—If the Secretary establishes an office, the 

34 Secretary shall, through the office, carry out Department respon35 sibilities and authorities relating to the SAFECOM Program. 

36 (c) INTERNATIONAL INTEROPERABILITY.—The President shall establish a 

37 mechanism for coordinating cross-border interoperability issues between— 

38 (1) the United States and Canada; and 

39 (2) the United States and Mexico. 

40 (d) MULTIYEAR INTEROPERABILITY GRANTS.— 


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1 (1) MULTIYEAR COMMITMENTS.—In awarding grants to a State, re2 gion, local government, or Indian tribe for the purposes of enhancing 

3 interoperable communications capabilities for emergency response pro4 viders, the Secretary may commit to obligate Federal assistance beyond 

5 the current fiscal year, subject to the limitations and restrictions in this 

6 subsection. 

7 (2) RESTRICTIONS.— 

8 (A) TIME LIMIT.—No multiyear interoperability commitment 

9 may exceed 3 years in duration. 

10 (B) AMOUNT OF COMMITTED FUNDS.—The total amount of as11 sistance the Secretary has committed to obligate for a future fiscal 

12 year under paragraph (1) may not exceed $150,000,000. 

13 (3) LETTERS OF INTENT.— 

14 (A) ISSUANCE.—Under paragraph (1), the Secretary may issue 

15 a letter of intent to an applicant committing to obligate from fu16 ture budget authority an amount, not more than the Federal Gov17 ernment’s share of the project’s cost, for an interoperability com18 munications project (including interest costs and costs of formu19 lating the project). 

20 (B) SCHEDULE.—A letter of intent under this paragraph shall 

21 establish a schedule under which the Secretary will reimburse the 

22 applicant for the Federal Government’s share of the project’s 

23 costs, as amounts become available, if the applicant, after the Sec24 retary issues the letter, carries out the project before receiving 

25 amounts under a grant issued by the Secretary. 

26 (C) NOTICE TO SECRETARY.—An applicant that is issued a let27 ter of intent under this subsection shall notify the Secretary of the 

28 applicant’s intent to carry out a project pursuant to the letter be29 fore the project begins. 

30 (D) NOTICE TO CONGRESS.—The Secretary shall transmit a 

31 written notification to Congress no later than 3 days before the 

32 issuance of a letter of intent under this section. 

33 (E) LIMITATIONS.—A letter of intent issued under this section 

34 is not an obligation of the Government under section 1501 of title 

35 31, and is not deemed to be an administrative commitment for fi36 nancing. An obligation or administrative commitment may be 

37 made only as amounts are provided in authorization and appro38 priations laws. 

39 (F) STATUTORY CONSTRUCTION.—Nothing in this subsection 

40 shall be construed— 


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1 (i) to prohibit the obligation of amounts pursuant to a let2 ter of intent under this subsection in the same fiscal year as 

3 the letter of intent is issued; or 

4 (ii) to apply to, or replace, Federal assistance intended for 

5 interoperable communications that is not provided pursuant 

6 to a commitment under this subsection. 

7 (e) INTEROPERABLE COMMUNICATIONS PLANS.—An applicant requesting 

8 funding assistance from the Secretary for interoperable communications for 

9 emergency response providers shall submit an Interoperable Communica10 tions Plan to the Secretary for approval. A plan shall— 

11 (1) describe the current state of communications interoperability in 

12 the applicable jurisdictions among Federal, State, and local emergency 

13 response providers and other relevant private resources; 

14 (2) describe the available and planned use of public safety frequency 

15 spectrum and resources for interoperable communications within the 

16 jurisdictions; 

17 (3) describe how the planned use of spectrum and resources for 

18 interoperable communications is compatible with surrounding capabili19 ties and interoperable communications plans of Federal, State, and 

20 local governmental entities, military installations, foreign governments, 

21 critical infrastructure, and other relevant entities; 

22 (4) include a 5-year plan for the dedication of Federal, State, and 

23 local government and private resources to achieve a consistent, secure, 

24 and effective interoperable communications system, including planning, 

25 system design and engineering, testing and technology development, 

26 procurement and installation, training, and operations and mainte27 nance; 

28 (5) describe how the 5-year plan meets or exceeds applicable stand29 ards and grant requirements established by the Secretary; 

30 (6) include information on the governance structure used to develop 

31 the plan, including this information about all agencies and organiza32 tions that participated in developing the plan and the scope and time33 frame of the plan; and 

34 (7) describe the method by which multijurisdictional, multidisci35 plinary input is provided from all regions of the jurisdiction, including 

36 high-threat urban areas located in the jurisdiction, and the process for 

37 continuing to incorporate input. 

38 (f) EXPANDED REPORTING REQUIREMENT.—In addition to the commit39 tees specifically enumerated to receive reports under title XII of the Imple40 menting Recommendations Of The 9/11 Commission Act Of 2007 (Public 

41 Law 110–53, 121 Stat. 381), any report transmitted under the provisions 


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1 of title XII shall be transmitted to the appropriate congressional commit2 tees. 

3 § 10713. Office for Interoperability and Compatibility 

4 (a) CLARIFICATION OF RESPONSIBILITIES.—The Director of the Office 

5 for Interoperability and Compatibility shall— 

6 (1) assist the Secretary in developing and implementing the science 

7 and technology aspects of the program described in subparagraphs (D), 

8 (E), (F), and (G) of section 10712(b)(1) of this title; 

9 (2) in coordination with the Federal Communications Commission, 

10 the National Institute of Standards and Technology, and other Federal 

11 departments and agencies with responsibility for standards, support the 

12 creation of national voluntary consensus standards for interoperable 

13 emergency communications; 

14 (3) establish a comprehensive research, development, testing, and 

15 evaluation program for improving interoperable emergency communica16 tions; 

17 (4) establish, in coordination with the Director for Emergency Com18 munications, requirements for interoperable emergency communications 

19 capabilities, which shall be nonproprietary where standards for the ca20 pabilities exist, for all public safety radio and data communications sys21 tems and equipment purchased using homeland security assistance ad22 ministered by the Department, excluding an alert and warning device, 

23 technology, or system; 

24 (5) carry out the Department’s responsibilities and authorities relat25 ing to research, development, testing, evaluation, or standards-related 

26 elements of the SAFECOM Program; 

27 (6) evaluate and assess new technology in real-world environments 

28 to achieve interoperable emergency communications capabilities; 

29 (7) encourage more efficient use of existing resources, including 

30 equipment, to achieve interoperable emergency communications capa31 bilities; 

32 (8) test public safety communications systems that are less prone to 

33 failure, support new nonvoice services, use spectrum more efficiently, 

34 and cost less than existing systems; 

35 (9) coordinate with the private sector to develop solutions to improve 

36 emergency communications capabilities and achieve interoperable emer37 gency communications capabilities; and 

38 (10) conduct pilot projects, in coordination with the Director for 

39 Emergency Communications, to test and demonstrate technologies, in40 cluding data and video, that enhance— 


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1 (A) the ability of emergency response providers and relevant 

2 government officials to continue to communicate in the event of 

3 natural disasters, acts of terrorism, and other man-made disasters; 

4 and 

5 (B) interoperable emergency communications capabilities. 

6 (b) COORDINATION.—The Director of the Office for Interoperability and 

7 Compatibility shall coordinate with the Director for Emergency Communica8 tions with respect to the SAFECOM program. 

9 (c) SUFFICIENCY OF RESOURCES.—The Secretary shall provide the Office 

10 for Interoperability and Compatibility the resources and staff necessary to 

11 carry out the responsibilities under this section. 

12 § 10714. Emergency communications interoperability re13 search and development 

14 (a) DEFINITION OF INTEROPERABLE EMERGENCY COMMUNICATIONS.— 

15 In this section, the term ‘‘interoperable emergency communications’’ has the 

16 meaning given the term ‘‘interoperable communications’’ under section 

17 10712(a) of this title. 

18 (b) IN GENERAL.—The Secretary, acting though the Under Secretary for 

19 Science and Technology and the Director of the Office for Interoperability 

20 and Compatibility, shall establish a comprehensive research and development 

21 program to support and promote— 

22 (1) the ability of emergency response providers and relevant govern23 ment officials to continue to communicate in the event of natural disas24 ters, acts of terrorism, and other man-made disasters; and 

25 (2) interoperable emergency communications capabilities among 

26 emergency response providers and relevant government officials, includ27 ing by— 

28 (A) supporting research on a competitive basis, including 

29 through the Directorate of Science and Technology and Homeland 

30 Security Advanced Research Projects Agency; and 

31 (B) considering the establishment of a Center of Excellence 

32 under the Department of Homeland Security Centers of Excel33 lence Program focused on improving emergency response pro34 viders’ communication capabilities. 

35 (c) PURPOSES.—The purposes of the program established under sub36 section (b) include— 

37 (1) supporting research, development, testing, and evaluation on 

38 emergency communication capabilities; 

39 (2) understanding the strengths and weaknesses of the public safety 

40 communications systems in use; 


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1 (3) examining how current and emerging technology can make emer2 gency response providers more effective, and how Federal, State, local, 

3 and tribal government agencies can use this technology in a coherent 

4 and cost-effective manner; 

5 (4) investigating technologies that could lead to long-term advance6 ments in emergency communications capabilities and supporting re7 search on advanced technologies and potential systemic changes to dra8 matically improve emergency communications; and 

9 (5) evaluating and validating advanced technology concepts, and fa10 cilitating the development and deployment of interoperable emergency 

11 communication capabilities. 

12 § 10715. National Biosurveillance Integration Center 

13 (a) DEFINITIONS.—In this section: 

14 (1) BIOLOGICAL AGENT.—The term ‘‘biological agent’’ has the mean15 ing given the term in section 178 of title 18. 

16 (2) BIOLOGICAL EVENT OF NATIONAL CONCERN.—The term ‘‘bio17 logical event of national concern’’ means— 

18 (A) an act of terrorism involving a biological agent or toxin; or 

19 (B) a naturally occurring outbreak of an infectious disease that 

20 may result in a national epidemic. 

21 (3) HOMELAND SECURITY INFORMATION.—The term ‘‘homeland se22 curity information’’ has the meaning given the term in section 11707 

23 of this title. 

24 (4) MEMBER AGENCY.—The term ‘‘Member Agency’’ means any 

25 Federal department or agency that, at the discretion of the head of 

26 that department or agency, has entered into a memorandum of under27 standing regarding participation in the National Biosurveillance Inte28 gration Center. 

29 (5) PRIVACY OFFICER.—The term ‘‘Privacy Officer’’ means the Pri30 vacy Officer appointed under section 10543 of this title. 

31 (6) TOXIN.—The term ‘‘toxin’’ has the meaning given the term in 

32 section 178 of title 18. 

33 (b) ESTABLISHMENT.—The Secretary shall establish, operate, and main34 tain a National Biosurveillance Integration Center (in this section referred 

35 to as the ‘‘NBIC’’) under an office or directorate of the Department that 

36 was in existence as of August 3, 2007. The Directing Officer is the head 

37 of the NBIC. 

38 (c) PRIMARY MISSION.—The primary mission of the NBIC is to— 

39 (1) enhance the capability of the Federal Government to— 

40 (A) rapidly identify, characterize, localize, and track a biological 

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1 ing to human health, animal, plant, food, and environmental moni2 toring systems (both national and international); and 

3 (B) disseminate alerts and other information to Member Agen4 cies and, in coordination with (and where possible through) Mem5 ber Agencies, to agencies of State, local, and tribal governments, 

6 as appropriate, to enhance the ability of the agencies to respond 

7 to a biological event of national concern; and 

8 (2) oversee development and operation of the National Biosurveil9 lance Integration System. 

10 (d) REQUIREMENTS.—The NBIC shall detect, as early as possible, a bio11 logical event of national concern that presents a risk to the United States 

12 or the infrastructure or key assets of the United States, including by— 

13 (1) consolidating data from all relevant surveillance systems main14 tained by Member Agencies to detect biological events of national con15 cern across human, animal, and plant species; 

16 (2) seeking private sources of surveillance, both foreign and domes17 tic, when the sources would enhance coverage of critical surveillance 

18 gaps; 

19 (3) using an information technology system that uses the best avail20 able statistical and other analytical tools to identify and characterize 

21 biological events of national concern in as close to real-time as is prac22 ticable; 

23 (4) providing the infrastructure for integration, including informa24 tion technology systems and space, and support for personnel from 

25 Member Agencies with sufficient expertise to enable analysis and inter26 pretation of data; 

27 (5) working with Member Agencies to create information technology 

28 systems that use the minimum amount of patient data necessary and 

29 consider patient confidentiality and privacy issues at all stages of devel30 opment and apprise the Privacy Officer of these efforts; and 

31 (6) alerting Member Agencies and, in coordination with (and where 

32 possible through) Member Agencies, public health agencies of State, 

33 local, and tribal governments regarding an incident that could develop 

34 into a biological event of national concern. 

35 (e) RESPONSIBILITIES OF DIRECTING OFFICER.— 

36 (1) IN GENERAL.—The Directing Officer of the NBIC shall— 

37 (A) on an ongoing basis, monitor the availability and appro38 priateness of surveillance systems used by the NBIC and those 

39 systems that could enhance biological situational awareness or the 

40 overall performance of the NBIC; 


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1 (B) on an ongoing basis, review and seek to improve the statis2 tical and other analytical methods used by the NBIC; 

3 (C) receive and consider other relevant homeland security infor4 mation, as appropriate; and 

5 (D) provide technical assistance, as appropriate, to all Federal, 

6 regional, State, local, and tribal government entities and private7 sector entities that contribute data relevant to the operation of the 

8 NBIC. 

9 (2) ASSESSMENTS.—The Directing Officer of the NBIC shall— 

10 (A) on an ongoing basis, evaluate available data for evidence of 

11 a biological event of national concern; and 

12 (B) integrate homeland security information with NBIC data to 

13 provide overall situational awareness and determine whether a bio14 logical event of national concern has occurred. 

15 (3) INFORMATION SHARING.— 

16 (A) IN GENERAL.—The Directing Officer of the NBIC shall— 

17 (i) establish a method of real-time communication with the 

18 National Operations Center; 

19 (ii) in the event that a biological event of national concern 

20 is detected, notify the Secretary and disseminate results of 

21 NBIC assessments relating to that biological event of national 

22 concern to appropriate Federal response entities and, in co23 ordination with relevant Member Agencies, regional, State, 

24 local, and tribal governmental response entities in a timely 

25 manner; 

26 (iii) provide any report on NBIC assessments to Member 

27 Agencies and, in coordination with relevant Member Agencies, 

28 an affected regional, State, local, or tribal government, and 

29 any private-sector entity considered appropriate that may en30 hance the mission of the Member Agencies, governments, or 

31 entities or the ability of the Nation to respond to biological 

32 events of national concern; and 

33 (iv) share NBIC incident or situational awareness reports, 

34 and other relevant information, consistent with the informa35 tion sharing environment established under section 11708 of 

36 this title and policies, guidelines, procedures, instructions, or 

37 standards established under that section. 

38 (B) CONSULTATION.—The Directing Officer of the NBIC shall 

39 implement the activities described in subparagraph (A) consistent 

40 with the policies, guidelines, procedures, instructions, or standards 

41 established under section 11708 of this title and in consultation 


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1 with the Director of National Intelligence, the Under Secretary for 

2 Intelligence and Analysis, and other offices or agencies of the Fed3 eral Government, as appropriate. 

4 (f) RESPONSIBILITIES OF MEMBER AGENCIES.—Each Member Agency 

5 shall— 

6 (1) use its best efforts to integrate biosurveillance information into 

7 the NBIC, with the goal of promoting information sharing between 

8 Federal, State, local, and tribal governments to detect biological events 

9 of national concern; 

10 (2) provide timely information to assist the NBIC in maintaining bi11 ological situational awareness for accurate detection and response pur12 poses; 

13 (3) enable the NBIC to receive and use biosurveillance information 

14 from Member Agencies to carry out its requirements under subsection 

15 (c); 

16 (4) connect the biosurveillance data systems of that Member Agency 

17 to the NBIC data system under mutually agreed protocols that are 

18 consistent with subsection (d)(5); 

19 (5) participate in the formation of strategy and policy for the oper20 ation of the NBIC and its information sharing; 

21 (6) provide personnel to the NBIC under an interagency personnel 

22 agreement and consider the qualifications of the personnel necessary to 

23 provide human, animal, and environmental data analysis and interpre24 tation support to the NBIC; and 

25 (7) retain responsibility for the surveillance and intelligence systems 

26 of that department or agency, if applicable. 

27 (g) ADMINISTRATIVE AUTHORITIES.— 

28 (1) HIRING OF EXPERTS.—The Directing Officer of the NBIC shall 

29 hire individuals with the necessary expertise to develop and operate the 

30 NBIC. 

31 (2) DETAIL OF PERSONNEL.—On request of the Directing Officer of 

32 the NBIC, the head of a Federal department or agency may detail, on 

33 a reimbursable basis, personnel of the department or agency to the De34 partment to assist the NBIC in carrying out this section. 

35 (h) NBIC INTERAGENCY WORKING GROUP.—The Directing Officer of the 

36 NBIC shall— 

37 (1) establish an interagency working group to facilitate interagency 

38 cooperation and to advise the Directing Officer of the NBIC regarding 

39 recommendations to enhance the biosurveillance capabilities of the De40 partment; and 

41 (2) invite Member Agencies to serve on that working group. 


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1 (i) RELATIONSHIP TO OTHER DEPARTMENTS AND AGENCIES.—The au2 thority of the Directing Officer of the NBIC under this section shall not 

3 affect the authority or responsibility of another department or agency of the 

4 Federal Government with respect to biosurveillance activities under a pro5 gram administered by that department or agency. 

6 (j) AUTHORIZATION OF APPROPRIATIONS.—There are authorized to be 

7 appropriated such sums as are necessary to carry out this section. 

8 § 10716. Promoting antiterrorism through international co9 operation program 

10 (a) DEFINITIONS.—In this section: 

11 (1) DIRECTOR.—The term ‘‘Director’’ means the Director selected 

12 under subsection (b)(2). 

13 (2) INTERNATIONAL COOPERATIVE ACTIVITY.—The term ‘‘inter14 national cooperative activity’’ includes— 

15 (A) coordinated research projects, joint research projects, or 

16 joint ventures; 

17 (B) joint studies or technical demonstrations; 

18 (C) coordinated field exercises, scientific seminars, conferences, 

19 symposia, and workshops; 

20 (D) training of scientists and engineers; 

21 (E) visits and exchanges of scientists, engineers, or other appro22 priate personnel; 

23 (F) exchanges or sharing of scientific and technological informa24 tion; and 

25 (G) joint use of laboratory facilities and equipment. 

26 (b) SCIENCE AND TECHNOLOGY HOMELAND SECURITY INTERNATIONAL

27 COOPERATIVE PROGRAMS OFFICE.— 

28 (1) ESTABLISHMENT.—There is in the Department the Science and 

29 Technology Homeland Security International Cooperative Programs Of30 fice. 

31 (2) DIRECTOR.—A Director is the head of the Office. The Direc32 tor— 

33 (A) shall be selected, in consultation with the Assistant Sec34 retary for International Affairs, by and shall report to the Under 

35 Secretary for Science and Technology; and 

36 (B) may be an officer of the Department serving in another po37 sition. 

38 (3) RESPONSIBILITIES.— 

39 (A) DEVELOPMENT OF MECHANISMS.—The Director is respon40 sible for developing, in coordination with the Department of State 

41 and, as appropriate, the Department of Defense, the Department 


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1 of Energy, and other Federal agencies, understandings and agree2 ments to allow and to support international cooperative activity in 

3 support of homeland security. 

4 (B) PRIORITIES.—The Director is responsible for developing, in 

5 coordination with the Office of International Affairs and other 

6 Federal agencies, strategic priorities for international cooperative 

7 activity for the Department in support of homeland security. 

8 (C) ACTIVITIES.—The Director shall facilitate the planning, de9 velopment, and implementation of international cooperative activ10 ity to address the strategic priorities developed under subpara11 graph (B) through mechanisms the Under Secretary for Science 

12 and Technology considers appropriate, including grants, coopera13 tive agreements, or contracts to or with foreign public or private 

14 entities, governmental organizations, businesses (including small 

15 businesses and socially and economically disadvantaged small busi16 nesses (as the terms are defined in sections 3 and 8 of the Small 

17 Business Act (15 U.S.C. 632 and 637), respectively)), federally 

18 funded research and development centers, and universities. 

19 (D) IDENTIFICATION OF PARTNERS.—The Director shall facili20 tate the matching of United States entities engaged in homeland 

21 security research with non-United States entities engaged in home22 land security research so that they may partner in homeland secu23 rity research activities. 

24 (4) COORDINATION.—The Director shall ensure that the activities 

25 under this subsection are coordinated with the Office of International 

26 Affairs and the Department of State and, as appropriate, the Depart27 ment of Defense, the Department of Energy, and other relevant Fed28 eral agencies or interagency bodies. The Director may enter into joint 

29 activities with other Federal agencies. 

30 (c) MATCHING FUNDING.— 

31 (1) IN GENERAL.— 

32 (A) EQUITABILITY.—The Director shall ensure that funding 

33 and resources expended in international cooperative activity will be 

34 equitably matched by the foreign partner government or other en35 tity through direct funding, funding of complementary activities, 

36 or the provision of staff, facilities, material, or equipment. 

37 (B) GRANT MATCHING AND REPAYMENT.— 

38 (i) IN GENERAL.—The Secretary may require a recipient of 

39 a grant under this section— 


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1 (I) to make a matching contribution of not more than 

2 50 percent of the total cost of the proposed project for 

3 which the grant is awarded; and 

4 (II) to repay to the Secretary the amount of the grant 

5 (or a portion thereof), interest on the amount at an ap6 propriate rate, and charges for administration of the 

7 grant the Secretary determines appropriate. 

8 (ii) LIMIT ON REPAYMENT.—The Secretary may not re9 quire that repayment under clause (i)(II) be more than 150 

10 percent of the amount of the grant, adjusted for inflation on 

11 the basis of the Consumer Price Index. 

12 (2) FOREIGN PARTNERS.—Partners may include Israel, the United 

13 Kingdom, Canada, Australia, Singapore, and other allies in the global 

14 war on terrorism as determined to be appropriate by the Secretary and 

15 the Secretary of State. 

16 (3) LOANS OF EQUIPMENT.—The Director may make or accept loans 

17 of equipment for research and development and comparative testing 

18 purposes. 

19 (d) FOREIGN REIMBURSEMENTS.—If the Science and Technology Home20 land Security International Cooperative Programs Office participates in an 

21 international cooperative activity with a foreign partner on a cost-sharing 

22 basis, reimbursements or contributions received from that foreign partner 

23 to meet its share of the project may be credited to appropriate current ap24 propriations accounts of the Directorate of Science and Technology. 

25 (e) REPORT TO CONGRESS ON INTERNATIONAL COOPERATIVE ACTIVI26 TIES.—The Secretary, acting through the Under Secretary for Science and 

27 Technology and the Director, shall submit to Congress every five years a 

28 report containing— 

29 (1) a brief description of each grant, cooperative agreement, or con30 tract made or entered into under subsection (b)(3)(C), including the 

31 participants, goals, and amount and sources of funding; 

32 (2) a list of international cooperative activities underway, including 

33 the participants, goals, expected duration, and amount and sources of 

34 funding, including resources provided to support the activities in lieu 

35 of direct funding; 

36 (3) for international cooperative activities identified in the previous 

37 reporting period, a status update on the progress of such activities, in38 cluding whether goals were realized, explaining any lessons learned, and 

39 evaluating overall success; and 

40 (4) a discussion of obstacles encountered in the course of forming, 

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1 tivities, including administrative, legal, or diplomatic challenges or re2 source constraints. 

3 (f) ANIMAL AND ZOONOTIC DISEASES.—As part of the international co4 operative activities authorized in this section, the Under Secretary, in co5 ordination with the Chief Medical Officer, the Department of State, and ap6 propriate officials of the Department of Agriculture, the Department of De7 fense, and the Department of Health and Human Services, may enter into 

8 cooperative activities with foreign countries, including African nations, to 

9 strengthen American preparedness against foreign animal and zoonotic dis10 eases overseas that could harm the Nation’s agricultural and public health 

11 sectors if they were to reach the United States. 

12 (g) CYBERSECURITY.—As part of the international cooperative activities 

13 authorized in this section, the Under Secretary, in coordination with the De14 partment of State and appropriate Federal officials, may enter into coopera15 tive research activities with Israel to strengthen preparedness against cyber 

16 threats and enhance capabilities in cybersecurity. 

17 (h) CONSTRUCTION; AUTHORITIES OF THE SECRETARY OF STATE.— 

18 Nothing in this section shall be construed to alter or affect the following 

19 provisions of law: 

20 (1) Section 112b(c) of title 1. 

21 (2) Section 622(c) of the Foreign Assistance Act of 1961 (22 U.S.C. 

22 2382(c)). 

23 (3) Section 1(e)(2) of the State Department Basic Authorities Act 

24 of 1956 (22 U.S.C. 2651a(e)(2)). 

25 (4) Title V of the Foreign Relations Authorization Act, Fiscal Year 

26 1979 (22 U.S.C. 2656a et seq.). 

27 (5) Sections 2 and 27 of the Arms Export Control Act (22 U.S.C. 

28 2752, 2767). 

29 (i) AUTHORIZATION OF APPROPRIATIONS.—There are authorized to be 

30 appropriated to carry out this section such sums as are necessary. 

31 § 10717. National biodefense strategy and implementation 

32 plan 

33 (a) DEFINITION OF APPROPRIATE CONGRESSIONAL COMMITTEE.—In this 

34 section, the term ‘‘appropriate congressional committee’’ means the fol35 lowing: 

36 (1) The congressional defense committees. 

37 (2) The Committee on Energy and Commerce of the House of Rep38 resentatives and the Committee on Health, Education, Labor, and Pen39 sions of the Senate. 


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1 (3) The Committee on Homeland Security of the House of Rep2 resentatives and the Committee on Homeland Security and Govern3 mental Affairs of the Senate. 

4 (4) The Committee on Agriculture of the House of Representatives 

5 and the Committee on Agriculture, Nutrition, and Forestry of the Sen6 ate. 

7 (b) STRATEGY AND IMPLEMENTATION PLAN.—The Secretary, the Secre8 taries of Defense, Health and Human Services, and Agriculture jointly shall 

9 develop a national biodefense strategy and associated implementation plan, 

10 which shall include a review and assessment of biodefense policies, practices, 

11 programs, and initiatives. The Secretaries shall review and, as appropriate, 

12 revise the strategy biennially. 

13 (c) ELEMENTS OF STRATEGY AND PLAN.—The strategy and associated 

14 implementation plan required under subsection (b) shall include each of the 

15 following: 

16 (1) An inventory and assessment of all existing strategies, plans, 

17 policies, laws, and interagency agreements relating to biodefense, in18 cluding prevention, deterrence, preparedness, detection, response, attri19 bution, recovery, and mitigation. 

20 (2) A description of the biological threats, including biological war21 fare, bioterrorism, naturally occurring infectious diseases, and acci22 dental exposures. 

23 (3) A description of the current program, efforts, or activities of the 

24 United States Government with respect to preventing the acquisition, 

25 proliferation, and use of a biological weapon, preventing an accidental 

26 or naturally occurring biological outbreak, and mitigating the effects of 

27 a biological epidemic. 

28 (4) A description of the roles and responsibilities of the executive 

29 agencies, including internal and external coordination procedures, in 

30 identifying and sharing information relating to, warning of, and pro31 tecting against, acts of terrorism using biological agents and weapons 

32 and accidental or naturally occurring biological outbreaks. 

33 (5) An articulation of related or required interagency capabilities and 

34 whole-of-Government activities required to support the national bio35 defense strategy. 

36 (6) Recommendations for strengthening and improving the current 

37 biodefense capabilities, authorities, and command structure of the 

38 United States Government. 

39 (7) Recommendations for improving and formalizing interagency co40 ordination and support mechanisms with respect to providing a robust 

41 national biodefense. 


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1 (8) Any other matters the Secretary and the Secretaries of Defense, 

2 Health and Human Services, and Agriculture determine necessary. 

3 (d) SUBMITTAL TO CONGRESS.—Not later than 275 days after December 

4 23, 2016, the Secretary and the Secretaries of Defense, Health and Human 

5 Services, and Agriculture shall submit to the appropriate congressional com6 mittees the strategy and associated implementation plan required by sub7 section (b). The strategy and implementation plan shall be submitted in un8 classified form but may include a classified index. 

9 (e) BRIEFINGS.—Not later than March 1, 2018, and 2019, the Secretary 

10 and the Secretaries of Defense, Health and Human Services, and Agri11 culture shall provide to the Committees on Armed Services, Energy and 

12 Commerce, Homeland Security, and Agriculture of the House of Represent13 atives a joint briefing on the strategy developed under subsection (b) and 

14 the status of the implementation of the strategy. 

15 (f) COMPTROLLER GENERAL REVIEW.—Not later than 180 days after the 

16 date of the submittal of the strategy and implementation plan under sub17 section (d), the Comptroller General shall conduct a review of the strategy 

18 and implementation plan to analyze gaps and resources mapped against the 

19 requirements of the national biodefense strategy and existing United States 

20 biodefense policy documents. 

21 § 10718. Transparency in research and development 

22 (a) DEFINITIONS.—In this section: 

23 (1) ALL APPROPRIATE DETAILS.—The term ‘‘all appropriate details’’ 

24 means, with respect to a research and development project— 

25 (A) the name of the project, including classified and unclassified 

26 names if applicable; 

27 (B) the name of the component of the Department carrying out 

28 the project; 

29 (C) an abstract or summary of the project; 

30 (D) funding levels for the project; 

31 (E) project duration or timeline; 

32 (F) the name of each contractor, grantee, or cooperative agree33 ment partner involved in the project; 

34 (G) expected objectives and milestones for the project; and 

35 (H) to the maximum extent practicable, relevant literature and 

36 patents that are associated with the project. 

37 (2) CLASSIFIED.—The term ‘‘classified’’ means anything con38 taining— 

39 (A) classified national security information as defined in section 

40 6.1 of Executive Order 13526 (50 U.S.C. 3161 note) or any suc41 cessor order; 


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1 (B) Restricted Data or data that was formerly Restricted Data, 

2 as defined in section 11(y) of the Atomic Energy Act of 1954 (42 

3 U.S.C. 2014(y)); 

4 (C) material classified at the Sensitive Compartmented Informa5 tion (SCI) level, as defined in section 309 of the Intelligence Au6 thorization Act for Fiscal Year 2001 (50 U.S.C. 3345); or 

7 (D) information relating to a special access program, as defined 

8 in section 6.1 of Executive Order 13526 (50 U.S.C. 3161 note) 

9 or any successor order. 

10 (3) CONTROLLED UNCLASSIFIED INFORMATION.—The term ‘‘con11 trolled unclassified information’’ means information described as ‘‘Con12 trolled Unclassified Information’’ under Executive Order 13556 (44 

13 U.S.C. 3501 note) or any successor order. 

14 (4) PROJECT.—The term ‘‘project’’ means a research or development 

15 project, program, or activity administered by the Department, whether 

16 ongoing, completed, or otherwise terminated. 

17 (b) REQUIREMENT TO LIST RESEARCH AND DEVELOPMENT

18 PROJECTS.— 

19 (1) IN GENERAL.—The Secretary shall maintain a detailed list of the 

20 following: 

21 (A) Each classified and unclassified research and development 

22 project, and all appropriate details for each project, including the 

23 component of the Department responsible for each project. 

24 (B) Each task order for a federally funded research and devel25 opment center not associated with a research and development 

26 project. 

27 (C) Each task order for a university-based center of excellence 

28 not associated with a research and development project. 

29 (D) The indicators developed and tracked by the Under Sec30 retary for Science and Technology with respect to transitioned 

31 projects pursuant to subsection (d). 

32 (2) EXCEPTION.—Paragraph (1) shall not apply to a project com33 pleted or otherwise terminated before December 23, 2016. 

34 (3) UPDATES.—The list required under paragraph (1) shall be up35 dated as frequently as possible, but not less frequently than once per 

36 quarter. 

37 (4) PROVIDE DEFINITION OF RESEARCH AND DEVELOPMENT.—For 

38 purposes of the list required under paragraph (1), the Secretary shall 

39 provide a definition for the term ‘‘research and development’’. 

40 (c) REPORT.—The Secretary each year shall submit to the Committee on 

41 Homeland Security of the House of Representatives and the Committee on 


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1 Homeland Security and Governmental Affairs of the Senate a classified and 

2 unclassified report, as applicable, that lists each ongoing classified and un3 classified project at the Department, including all appropriate details of 

4 each project. 

5 (d) INDICATORS OF SUCCESS FOR TRANSITIONED PROJECTS.— 

6 (1) IN GENERAL.—For each project that has been transitioned to 

7 practice from research and development, the Under Secretary for 

8 Science and Technology shall develop and track indicators to dem9 onstrate the uptake of the technology or project among customers or 

10 end-users. 

11 (2) PERIOD OF TRACKING.—To the fullest extent possible, the track12 ing of a project required under paragraph (1) shall continue for the 

13 3-year period beginning on the date the project was transitioned to 

14 practice from research and development. 

15 (e) LIMITATION.—Nothing in this section overrides or otherwise affects 

16 the requirements specified in section 10312 of this title. 

17 § 10719. EMP and GMD mitigation research and develop18 ment 

19 (a) IN GENERAL.—In furtherance of domestic preparedness and response, 

20 the Secretary, acting through the Under Secretary for Science and Tech21 nology, and in consultation with other relevant executive agencies, relevant 

22 State, local, and tribal governments, and relevant owners and operators of 

23 critical infrastructure, shall, to the extent practicable, conduct research and 

24 development to mitigate the consequences of threats of EMP and GMD. 

25 (b) SCOPE.—The scope of the research and development under subsection 

26 (a) shall include the following: 

27 (1) An objective scientific analysis evaluating the risks to critical in28 frastructure from a range of threats of EMP and GMD that shall— 

29 (A) be conducted in conjunction with the Office of Intelligence 

30 and Analysis; and 

31 (B) include a review and comparison of the range of threats and 

32 hazards facing critical infrastructure of the electrical grid. 

33 (2) Determination of the critical utilities and national security assets 

34 and infrastructure that are at risk from EMP and GMD. 

35 (3) An evaluation of emergency planning and response technologies 

36 that would address the findings and recommendations of experts, in37 cluding those of the Commission to Assess the Threat to the United 

38 States from Electromagnetic Pulse Attack, which shall include a review 

39 of the feasibility of rapidly isolating 1 or more portions of the electrical 

40 grid from the main electrical grid. 


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1 (4) An analysis of technology options that are available to improve 

2 the resiliency of critical infrastructure to threats of EMP and GMD, 

3 including an analysis of neutral current blocking devices that may pro4 tect high-voltage transmission lines. 

5 (5) The restoration and recovery capabilities of critical infrastructure 

6 under different levels of damage and disruption from various threats 

7 of EMP and GMD, as informed by the scientific analysis conducted 

8 under paragraph (1). 

9 (6) An analysis of the feasibility of a real-time alert system to inform 

10 electoral grid operators and other stakeholders within milliseconds of 

11 a high-altitude nuclear explosion. 

12 (c) EXEMPTION FROM DISCLOSURE.— 

13 (1) INFORMATION SHARED WITH FEDERAL GOVERNMENT.—Section 

14 10533 of this title, and any regulations issued pursuant to section 

15 10533 of this title, apply to any information shared with the Federal 

16 Government under this section. 

17 (2) INFORMATION SHARED BY FEDERAL GOVERNMENT.—Informa18 tion shared by the Federal Government with a State, local, or tribal 

19 government under this section is exempt from disclosure under any 

20 provision of State, local, or tribal freedom of information law, open gov21 ernment law, open meetings law, open records law, sunshine law, or 

22 similar law requiring the disclosure of information or records. 

23 Chapter 109—Border, Maritime, and 

24 Transportation Security 

Subchapter I—Border, Maritime, and Transportation Security Responsibilities and Functions 

Sec. 

10901. Secretary. 

10902. Commissioner of U.S. Customs and Border Protection. 

10903. Limitation on reorganization of functions and units. 

10904. Employee discipline. 

Subchapter II—Customs and Border Protection 

10911. Definition of customs revenue function. 

10912. Retention of customs revenue functions by Secretary of the Treasury. 

10913. Preservation of customs funds. 

10914. Separate budget request for U.S. Customs and Border Protection. 

10915. Allocation of resources by the Secretary. 

10916. Methamphetamine and methamphetamine precursor chemicals. 

10917. Polygraph and background examinations for law enforcement personnel of U.S. Customs and Border Protection 

10918. Fees authorized for Advanced Training Center. 

10919. Border security metrics. 

10920. Trusted traveler program. 

10921. Hiring members of the armed forces separating from military service. 

Subchapter III—Immigration Enforcement Functions 

10931. Transfer of functions. 

10932. Responsibilities of U.S. Immigration and Customs Enforcement officials. 

10933. Professional responsibility and quality review. 

10934. Annual report on cross-border tunnels. 

Subchapter IV—Citizenship and Immigration Services 

10941. Transfer of functions to Director of U.S. Citizenship and Immigration Services. 


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10942. Responsibilities of U.S. Citizenship and Immigration Services officials. 

10943. Citizenship and Immigration Services Ombudsman. 

10944. Professional responsibility and quality review. 

10945. Employee discipline. 

10946. Transition. 

10947. Application of Internet-based technologies. 

Subchapter V—General Immigration Provisions 

10961. Director of Shared Services. 

10962. Separation of funding. 

10963. Annual immigration functions report. 

Subchapter VI—U.S. Customs and Border Protection Public-Private Partnerships 

10971. Definitions. 

10972. Fee agreements for certain services at ports of entry. 

10973. Ports of entry donation authority. 

10974. Current and proposed agreements. 

Subchapter VII—Miscellaneous Provisions 

10981. Coordination of information and information technology. 

10982. Visa issuance. 

10983. Information on visa denials required to be entered into electronic data system. 

10984. Purpose and responsibilities of Office of Cargo Security Policy. 

10985. Purpose, composition, and operation of Border Enforcement Security Task Force. 

10986. Cyber Crimes Center. 

1 Subchapter I—Border, Maritime, and 

2 Transportation Security Responsibilities 

3 and Functions 

4 § 10901. Secretary 

5 (a) IN GENERAL.—The Secretary is responsible for the following: 

6 (1) Preventing the entry of terrorists and the instruments of ter7 rorism into the United States. 

8 (2) Securing the borders, territorial waters, ports, terminals, water9 ways, and air, land, and sea transportation systems of the United 

10 States, including managing and coordinating those functions trans11 ferred to the Department at ports of entry. 

12 (3) Carrying out the immigration enforcement functions vested by 

13 statute in, or performed by, the Commissioner of Immigration and Nat14 uralization (or an officer, employee, or component of the Immigration 

15 and Naturalization Service) immediately before the date on which the 

16 transfer of functions specified under section 10931 of this title takes 

17 effect. 

18 (4) Establishing and administering rules, under section 10982 of this 

19 title, governing the granting of visas or other forms of permission, in20 cluding parole, to enter the United States to individuals who are not 

21 citizens or aliens lawfully admitted for permanent residence in the 

22 United States. 

23 (5) Establishing national immigration enforcement policies and prior24 ities. 

25 (6) Except as provided in sections 10981 through 10985 of this title, 

26 administering the customs laws of the United States. 


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1 (7) Conducting the inspection and related administrative functions of 

2 the Department of Agriculture transferred to the Secretary under sub3 section (b)(2). 

4 (8) In carrying out the foregoing responsibilities, ensuring the 

5 speedy, orderly, and efficient flow of lawful traffic and commerce. 

6 (b) FUNCTIONS TRANSFERRED.— 

7 (1) IN GENERAL.—The Secretary succeeds to the functions, per8 sonnel, assets, and liabilities of— 

9 (A) the United States Customs Service of the Department of 

10 the Treasury, including the functions of the Secretary of the 

11 Treasury relating thereto; 

12 (B) the Transportation Security Administration of the Depart13 ment of Transportation, including the functions of the Secretary 

14 of Transportation, and of the Under Secretary of Transportation 

15 for Security, relating thereto; 

16 (C) the Federal Protective Service of the General Services Ad17 ministration, including the functions of the Administrator of Gen18 eral Services relating thereto; 

19 (D) the Federal Law Enforcement Training Center of the De20 partment of the Treasury; and 

21 (E) the Office for Domestic Preparedness of the Office of Jus22 tice Programs, including the functions of the Attorney General re23 lating to the Federal Protective Service. 

24 (2) CERTAIN AGRICULTURAL INSPECTION FUNCTIONS OF THE DE25 PARTMENT OF AGRICULTURE.— 

26 (A) EXCLUSION OF QUARANTINE ACTIVITIES.—In this section, 

27 the term ‘‘functions’’ does not include quarantine activities carried 

28 out under the laws specified in subparagraph (B). 

29 (B) TRANSFER OF AGRICULTURAL IMPORT AND ENTRY IN30 SPECTION FUNCTIONS.—The Secretary succeeds to the functions 

31 of the Secretary of Agriculture relating to agricultural import and 

32 entry inspection activities under the following laws: 

33 (i) Section 1 of the Act of August 31, 1922 (known as the 

34 Honeybee Act) (7 U.S.C. 281). 

35 (ii) Title III of the Federal Seed Act (7 U.S.C. 1581 et 

36 seq.). 

37 (iii) The Plant Protection Act (7 U.S.C. 7701 et seq.). 

38 (iv) The Animal Health Protection Act (7 U.S.C. 8301 et 

39 seq.). 

40 (v) Section 11 of the Endangered Species Act of 1973 (16 

41 U.S.C. 1540). 


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1 (vi) The Lacey Act Amendments of 1981 (16 U.S.C. 3371 

2 et seq.). 

3 (vii) The 8th paragraph under the heading ‘‘Bureau of Ani4 mal Industry’’ in the Act of March 4, 1913 (known as the 

5 Virus-Serum-Toxin Act) (21 U.S.C. 151 et seq.). 

6 (C) EFFECT OF TRANSFER.— 

7 (i) COMPLIANCE WITH DEPARTMENT OF AGRICULTURE

8 REGULATIONS.—The authority transferred under subpara9 graph (B) shall be exercised by the Secretary in accordance 

10 with the regulations, policies, and procedures issued by the 

11 Secretary of Agriculture regarding the administration of the 

12 laws specified in subparagraph (B). 

13 (ii) RULEMAKING COORDINATION.—The Secretary of Agri14 culture shall coordinate with the Secretary when the Sec15 retary of Agriculture prescribes regulations, policies, or proce16 dures for administering the functions transferred under sub17 paragraph (B) under a law specified in subsection (B). 

18 (iii) EFFECTIVE ADMINISTRATION.—The Secretary, in con19 sultation with the Secretary of Agriculture, may issue direc20 tives and guidelines necessary to ensure the effective use of 

21 personnel of the Department to carry out the functions trans22 ferred under subparagraph (B). 

23 (D) PERIODIC TRANSFER OF FUNDS TO DEPARTMENT.—Out of 

24 funds collected by fees authorized under sections 2508 and 2509 

25 of the Food, Agriculture, Conservation, and Trade Act of 1990 

26 (21 U.S.C. 136, 136a), the Secretary of Agriculture shall transfer, 

27 from time to time to the Secretary, funds for activities carried out 

28 by the Secretary for which fees were collected. The proportion of 

29 fees collected that are transferred to the Secretary under this sub30 paragraph may not exceed the proportion of costs incurred by the 

31 Secretary to all costs incurred to carry out activities funded by the 

32 fees. 

33 § 10902. Commissioner of U.S. Customs and Border Protec34 tion 

35 (a) DEFINITIONS.—In this section, the terms ‘‘commercial operations’’, 

36 ‘‘customs and trade laws of the United States’’, ‘‘trade enforcement’’, and 

37 ‘‘trade facilitation’’ have the meanings given the terms in section 2 of the 

38 Trade Facilitation and Trade Enforcement Act of 2015 (19 U.S.C. 4301). 

39 (b) IN GENERAL.—The Commissioner of U.S. Customs and Border Pro40 tection (in this section referred to as the ‘‘Commissioner’’) shall— 


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1 (1) coordinate and integrate the security, trade facilitation, and 

2 trade enforcement functions of U.S. Customs and Border Protection; 

3 (2) ensure the interdiction of individuals and goods illegally entering 

4 or exiting the United States; 

5 (3) facilitate and expedite the flow of legitimate travelers and trade; 

6 (4) direct and administer the commercial operations of U.S. Customs 

7 and Border Protection and the enforcement of the customs and trade 

8 laws of the United States; 

9 (5) detect, respond to, and interdict terrorists, drug smugglers and 

10 traffickers, human smugglers and traffickers, and other individuals who 

11 may undermine the security of the United States, in cases in which the 

12 individuals are entering, or have recently entered, the United States; 

13 (6) safeguard the borders of the United States to protect against the 

14 entry of dangerous goods; 

15 (7) ensure the overall economic security of the United States is not 

16 diminished by efforts, activities, and programs aimed at securing the 

17 homeland; 

18 (8) in coordination with U.S. Immigration and Customs Enforcement 

19 and United States Citizenship and Immigration Services, enforce and 

20 administer all immigration laws, as the term is defined in section 

21 101(a) of the Immigration and Nationality Act (8 U.S.C. 1101(a)), in22 cluding— 

23 (A) the inspection, processing, and admission of individuals who 

24 seek to enter or depart the United States; and 

25 (B) the detection, interdiction, removal, departure from the 

26 United States, short-term detention, and transfer of individuals 

27 unlawfully entering, or who have recently unlawfully entered, the 

28 United States; 

29 (9) develop and implement screening and targeting capabilities, in30 cluding the screening, reviewing, identifying, and prioritizing of pas31 sengers and cargo across all international modes of transportation, 

32 both inbound and outbound; 

33 (10) in coordination with the Secretary, deploy technology to collect 

34 the data necessary for the Secretary to administer the biometric entry 

35 and exit data system pursuant to section 7208 of the Intelligence Re36 form and Terrorism Prevention Act of 2004 (8 U.S.C. 1365b); 

37 (11) enforce and administer the laws relating to agricultural import 

38 and entry inspection referred to in section 10901(b)(2) of this title; 

39 (12) in coordination with the Under Secretary for Management of 

40 the Department, ensure U.S. Customs and Border Protection complies 

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1 ment’s acquisition management directives for major acquisition pro2 grams of U.S. Customs and Border Protection; 

3 (13) ensure that the policies and regulations of U.S. Customs and 

4 Border Protection are consistent with the obligations of the United 

5 States pursuant to international agreements; 

6 (14) enforce and administer— 

7 (A) the Container Security Initiative program under section 

8 30505 of this title; and 

9 (B) the Customs-Trade Partnership Against Terrorism program 

10 under subchapter II of chapter 305 of this title; 

11 (15) conduct polygraph examinations in accordance with section 

12 10917(a)(1) of this title; 

13 (16) establish the standard operating procedures described in sub14 section (c); 

15 (17) carry out the training required under subsection (d); and 

16 (18) carry out other duties and powers prescribed by law or dele17 gated by the Secretary. 

18 (c) STANDARD OPERATING PROCEDURES.— 

19 (1) IN GENERAL.—The Commissioner shall establish— 

20 (A) standard operating procedures for searching, reviewing, re21 taining, and sharing information contained in communication, 

22 electronic, or digital devices encountered by U.S. Customs and 

23 Border Protection personnel at United States ports of entry; 

24 (B) standard use of force procedures that officers and agents 

25 of U.S. Customs and Border Protection may employ in the execu26 tion of their duties, including the use of deadly force; 

27 (C) a uniform, standardized, and publicly available procedure 

28 for processing and investigating complaints against officers, 

29 agents, and employees of U.S. Customs and Border Protection for 

30 violations of professional conduct, including the timely disposition 

31 of complaints and a written notification to the complainant of the 

32 status or outcome, as appropriate, of the related investigation, in 

33 accordance with section 552a of title 5 (known as the ‘‘Privacy 

34 Act’’ or the ‘‘Privacy Act of 1974’’); 

35 (D) an internal, uniform reporting mechanism regarding inci36 dents involving the use of deadly force by an officer or agent of 

37 U.S. Customs and Border Protection, including an evaluation of 

38 the degree to which the procedures required under subparagraph 

39 (B) were followed; and 

40 (E) standard operating procedures, acting through the Assistant 

41 Commissioner for Air and Marine Operations and in coordination 


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1 with the Office for Civil Rights and Civil Liberties and the Office 

2 of Privacy of the Department, to provide command, control, com3 munication, surveillance, and reconnaissance assistance through 

4 the use of unmanned aerial systems, including the establishment 

5 of— 

6 (i) a process for other Federal, State, and local law en7 forcement agencies to submit mission requests; 

8 (ii) a formal procedure to determine whether to approve or 

9 deny a mission request; 

10 (iii) a formal procedure to determine how mission requests 

11 are prioritized and coordinated; and 

12 (iv) a process regarding the protection and privacy of data 

13 and images collected by U.S. Customs and Border Protection 

14 through the use of unmanned aerial systems. 

15 (2) REQUIREMENTS REGARDING CERTAIN NOTIFICATIONS.—The 

16 standard operating procedures established pursuant to paragraph 

17 (1)(A) shall require— 

18 (A) in the case of a search of information conducted on an elec19 tronic device by U.S. Customs and Border Protection personnel, 

20 the Commissioner to notify the individual subject to the search of 

21 the purpose and authority for the search and how the individual 

22 may obtain information on reporting concerns about the search; 

23 and 

24 (B) in the case of information collected by U.S. Customs and 

25 Border Protection through a search of an electronic device, if the 

26 information is transmitted to another Federal agency for subject 

27 matter assistance, translation, or decryption, the Commissioner to 

28 notify the individual subject to the search of the transmission. 

29 (3) EXCEPTIONS.—The Commissioner may withhold the notifications 

30 required under paragraphs (1)(C) and (2) if the Commissioner deter31 mines, in the sole and unreviewable discretion of the Commissioner, 

32 that the notifications would impair national security, law enforcement, 

33 or other operational interests. 

34 (4) UPDATE AND REVIEW.—The Commissioner shall review and up35 date every 3 years the standard operating procedures required under 

36 this subsection. 

37 (5) AUDITS.—The Inspector General of the Department shall de38 velop and annually administer, during 2017, 2018, and 2019, an audit39 ing mechanism to review whether searches of electronic devices at or 

40 between United States ports of entry are being conducted in conformity 

41 with the standard operating procedures required under paragraph 


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1 (1)(A). Audits shall be submitted to the Committee on Homeland Secu2 rity of the House of Representatives and the Committee on Homeland 

3 Security and Governmental Affairs of the Senate and shall include the 

4 following: 

5 (A) A description of the activities of officers and agents of U.S. 

6 Customs and Border Protection with respect to the searches. 

7 (B) The number of searches. 

8 (C) The number of instances in which information contained in 

9 devices that were subjected to searches was retained, copied, 

10 shared, or entered in an electronic database. 

11 (D) The number of devices detained as the result of searches. 

12 (E) The number of instances in which information collected 

13 from a device that was subjected to searches was transmitted to 

14 another Federal agency, including whether the transmission re15 sulted in a prosecution or conviction. 

16 (6) REQUIREMENTS REGARDING OTHER NOTIFICATIONS.—The 

17 standard operating procedures established pursuant to paragraph 

18 (1)(B) shall require— 

19 (A) in the case of an incident of the use of deadly force by U.S. 

20 Customs and Border Protection personnel, the Commissioner to 

21 notify the Committee on Homeland Security of the House of Rep22 resentatives and the Committee on Homeland Security and Gov23 ernmental Affairs of the Senate; and 

24 (B) the Commissioner to provide to those committees a copy of 

25 the evaluation pursuant to paragraph (1)(D) not later than 30 

26 days after completion of the evaluation. 

27 (7) REPORT ON UNMANNED AERIAL SYSTEMS.—The Commissioner 

28 shall submit to the Committee on Homeland Security of the House of 

29 Representatives and the Committee on Homeland Security and Govern30 mental Affairs of the Senate, during 2017, 2018, and 2019, an annual 

31 report that reviews whether the use of unmanned aerial systems is 

32 being conducted in conformity with the standard operating procedures 

33 required under paragraph (1)(E). The report— 

34 (A) shall be submitted with the President’s annual budget; 

35 (B) may be submitted in classified form if the Commissioner de36 termines that it is appropriate; and 

37 (C) shall include— 

38 (i) a detailed description of how, where, and for how long 

39 data and images collected through the use of unmanned aerial 

40 systems by U.S. Customs and Border Protection are collected 

41 and stored; and 


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1 (ii) a list of Federal, State, and local law enforcement 

2 agencies that submitted mission requests in the previous year 

3 and the disposition of the requests. 

4 (d) TRAINING.—The Commissioner shall require all officers and agents 

5 of U.S. Customs and Border Protection to participate in a specified amount 

6 of continuing education (to be determined by the Commissioner) to maintain 

7 an understanding of Federal legal rulings, court decisions, and departmental 

8 policies, procedures, and guidelines. 

9 (e) SHORT TERM DETENTION STANDARDS.— 

10 (1) DEFINITION OF SHORT TERM DETENTION.—In this subsection, 

11 the term ‘‘short term detention’’ means detention in a U.S. Customs 

12 and Border Protection processing center for 72 hours or less, before 

13 repatriation to a country of nationality or last habitual residence. 

14 (2) ACCESS TO FOOD AND WATER.—The Commissioner shall make 

15 every effort to ensure that adequate access to food and water is pro16 vided to an individual apprehended and detained at or between a 

17 United States port of entry as soon as practicable following the time 

18 of the apprehension or during subsequent short term detention. 

19 (3) ACCESS TO INFORMATION ON DETAINEE RIGHTS AT BORDER PA20 TROL PROCESSING CENTERS.— 

21 (A) IN GENERAL.—The Commissioner shall ensure that an indi22 vidual apprehended by a U.S. Border Patrol agent or an Office 

23 of Field Operations officer is provided with information concerning 

24 the individual’s rights, including the right to contact a representa25 tive of the individual’s government for purposes of United States 

26 treaty obligations. 

27 (B) HOW INFORMATION IS TO BE PROVIDED.—The information 

28 referred to in subparagraph (A) may be provided either orally or 

29 in writing, and shall be posted in the detention holding cell in 

30 which the individual is being held. The information shall be pro31 vided in a language understandable to the individual. 

32 (4) DAYTIME REPATRIATION.—When practicable, repatriations shall 

33 be limited to daylight hours and avoid locations that are determined 

34 to have high indices of crime and violence. 

35 (5) REPORT ON PROCUREMENT PROCESS AND STANDARDS.—Not 

36 later than 180 days after February 24, 2016, the Comptroller General 

37 shall submit to the Committee on Homeland Security of the House of 

38 Representatives and the Committee on Homeland Security and Govern39 mental Affairs of the Senate a report on the procurement process and 

40 standards of entities with which U.S. Customs and Border Protection 

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1 hended by agents or officers of U.S. Customs and Border Protection. 

2 The report should also consider the operational efficiency of contracting 

3 the transportation and detention of those individuals. 

4 (6) REPORT ON INSPECTIONS OF SHORT TERM CUSTODY FACILI5 TIES.—The Commissioner shall— 

6 (A) annually inspect all facilities utilized for short term deten7 tion; and 

8 (B) make publicly available information collected pursuant to 

9 the inspections, including information regarding the requirements 

10 under paragraphs (2) and (3), and, where appropriate, issue rec11 ommendations to improve the conditions of the facilities. 

12 (f) WAIT TIMES TRANSPARENCY.— 

13 (1) IN GENERAL.—The Commissioner shall— 

14 (A) publish live wait times at the 20 United States airports that 

15 support the highest volume of international travel (as determined 

16 by available Federal flight data); 

17 (B) make information about the wait times available to the pub18 lic in real time through the U.S. Customs and Border Protection 

19 website; 

20 (C) submit to the Committee on Homeland Security of the 

21 House of Representatives and the Committee on Homeland Secu22 rity and Governmental Affairs of the Senate, during 2017, 2018, 

23 2019, 2020, and 2021, a report that includes compilations of all 

24 those wait times and a ranking of those United States airports by 

25 wait times; and 

26 (D) provide adequate staffing at the U.S. Customs and Border 

27 Protection information center to ensure timely access for travelers 

28 attempting to submit comments or speak with a representative 

29 about their entry experiences. 

30 (2) CALCULATION.—The wait times referred to in paragraph (1)(A) 

31 shall be determined by calculating the time elapsed between an individ32 ual’s entry into the U.S. Customs and Border Protection inspection 

33 area and the individual’s clearance by a U.S. Customs and Border Pro34 tection officer. 

35 (g) CONTINUED SUBMISSION OF REPORTS TO COMMITTEES.—The Com36 mission shall continue to submit to the Committee on Homeland Security 

37 and the Committee on Ways and Means of the House of Representatives 

38 and the Committee on Homeland Security and Governmental Affairs and 

39 the Committee on Finance of the Senate any report required to be sub40 mitted on February 23, 2016, under any provision of law. 


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1 (h) AUTHORITY OF OTHER FEDERAL AGENCIES NOT AFFECTED.—Noth2 ing in this section may be construed as affecting in any manner the author3 ity, which existed on February 23, 2016, of any other Federal agency or 

4 component of the Department. 

5 § 10903. Limitation on reorganization of functions and units 

6 The authority provided by section 1502 of the Homeland Security Act of 

7 2002 (Public Law 107–296, 116 Stat. 2308) may be used to reorganize 

8 functions or organizational units in U.S. Immigration and Customs Enforce9 ment or U. S. Citizenship and Immigration Services, but may not be used 

10 to recombine U.S. Immigration and Customs Enforcement and U.S. Citizen11 ship and Immigration Services into a single agency or otherwise to combine, 

12 join, or consolidate functions or organizational units of U.S. Immigration 

13 and Customs Enforcement and U.S. Citizenship and Immigration Services 

14 with each other. 

15 § 10904. Employee discipline 

16 The Secretary may impose disciplinary action on an employee of U.S. Im17 migration and Customs Enforcement and U.S. Customs and Border Protec18 tion who willfully deceives Congress or agency leadership on any matter. 

19 Subchapter II—Customs and Border 

20 Protection 

21 § 10911. Definition of customs revenue function 

22 In this subchapter, the term ‘‘customs revenue function’’ means the fol23 lowing: 

24 (1) Assessing and collecting customs duties (including antidumping 

25 and countervailing duties and duties imposed under safeguard provi26 sions), excise taxes, fees, and penalties due on imported merchandise, 

27 including classifying and valuing merchandise for purposes of assess28 ment. 

29 (2) Processing and denial of entry of persons, baggage, cargo, and 

30 mail, with respect to the assessment and collection of import duties. 

31 (3) Detecting and apprehending persons engaged in fraudulent prac32 tices designed to circumvent the customs laws of the United States. 

33 (4) Enforcing section 337 of the Tariff Act of 1930 (19 U.S.C. 

34 1337) and provisions relating to import quotas and the marking of im35 ported merchandise, and providing Customs Recordations for copy36 rights, patents, and trademarks. 

37 (5) Collecting accurate import data for compilation of international 

38 trade statistics. 

39 (6) Enforcing reciprocal trade agreements. 


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1 (7) Functions performed by the following personnel, and associated 

2 support staff, of U. S. Customs and Border Protection on January 23, 

3 2003: 

4 (A) Import Specialists. 

5 (B) Entry Specialists. 

6 (C) Drawback Specialists. 

7 (D) National Import Specialists. 

8 (E) Fines and Penalties Specialists. 

9 (F) Attorneys of the Office of Regulations and Rulings. 

10 (G) Customs Auditors. 

11 (H) International Trade Specialists. 

12 (I) Financial Systems Specialists. 

13 (8) Functions performed by the following offices, with respect to any 

14 function described in any of paragraphs (1) through (7), and associated 

15 support staff, of the United States Customs Service on January 23, 

16 2003, and of U.S. Customs and Border Protection on February 23, 

17 2016: 

18 (A) Office of Information and Technology. 

19 (B) Office of Laboratory Services. 

20 (C) Office of the Chief Counsel. 

21 (D) Office of Congressional Affairs. 

22 (E) Office of International Affairs. 

23 (F) Office of Training and Development. 

24 § 10912. Retention of customs revenue functions by Sec25 retary of the Treasury 

26 (a) RETENTION OF CUSTOMS REVENUE FUNCTIONS BY SECRETARY OF

27 THE TREASURY.— 

28 (1) RETENTION OF AUTHORITY.—Notwithstanding section 

29 10901(b)(1) of this title, authority relating to customs revenue func30 tions that was vested in the Secretary of the Treasury by law before 

31 January 24, 2003, under those provisions of law set forth in paragraph 

32 (2) shall not be transferred to the Secretary by reason of the Homeland 

33 Security Act of 2002 (Public Law 107–296, 116 Stat. 2135) and, on 

34 and after January 24, 2004, the Secretary of the Treasury may dele35 gate that authority to the Secretary at the discretion of the Secretary 

36 of the Treasury. The Secretary of the Treasury shall consult with the 

37 Secretary regarding the exercise of authority not delegated to the Sec38 retary. 

39 (2) STATUTES.—The provisions of law referred to in paragraph (1) 

40 are the following: 


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1 (A) Section 249 of the Revised Statutes of the United States 

2 (19 U.S.C. 3). 

3 (B) Section 2 of the Act of March 4, 1923 (19 U.S.C. 6). 

4 (C) Section 13031 of the Consolidated Omnibus Budget Rec5 onciliation Act of 1985 (19 U.S.C. 58c). 

6 (D) Section 251 of the Revised Statutes of the United States 

7 (19 U.S.C. 66). 

8 (E) Section 1 of the Act of June 26, 1930 (19 U.S.C. 68). 

9 (F) The Act of June 18, 1934 (known as the ‘‘Foreign Trade 

10 Zones Act’’) (19 U.S.C. 81a et seq.). 

11 (G) Section 1 of the Act of March 2, 1911 (19 U.S.C. 198). 

12 (H) The Tariff Act of 1930 (19 U.S.C. 1202 et seq.). 

13 (I) The Trade Act of 1974 (19 U.S.C. 2101 et seq.). 

14 (J) The Trade Agreements Act of 1979 (19 U.S.C. 2501 et 

15 seq.). 

16 (K) The Caribbean Basin Economic Recovery Act (19 U.S.C. 

17 2701 et seq.). 

18 (L) The Andean Trade Preference Act (19 U.S.C. 3201 et seq.). 

19 (M) The North American Free Trade Agreement Implementa20 tion Act (19 U.S.C. 3311 et seq.). 

21 (N) The Uruguay Round Agreements Act (19 U.S.C. 3501 et 

22 seq.). 

23 (O) The African Growth and Opportunity Act (19 U.S.C. 3701 

24 et seq.). 

25 (P) Any other provision of law vesting customs revenue func26 tions in the Secretary of the Treasury. 

27 (b) MAINTENANCE OF CUSTOMS REVENUE FUNCTIONS.— 

28 (1) MAINTENANCE OF FUNCTIONS.—Notwithstanding any other pro29 vision of this subtitle, the Secretary may not consolidate, discontinue, 

30 or diminish those functions described in paragraph (2) performed by 

31 U.S. Customs and Border Protection on or after January 24, 2003, re32 duce the staffing level, or reduce the resources attributable to the func33 tions, and the Secretary shall ensure that an appropriate management 

34 structure is implemented to carry out the functions. 

35 (2) FUNCTIONS.—The functions referred to in paragraph (1) are 

36 those functions performed by the following personnel, and associated 

37 support staff, of U. S. Customs and Border Protection on January 23, 

38 2003: 

39 (A) Import Specialists. 

40 (B) Entry Specialists. 

41 (C) Drawback Specialists. 


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1 (D) National Import Specialists. 

2 (E) Fines and Penalties Specialists. 

3 (F) Attorneys of the Office of Regulations and Rulings. 

4 (G) Customs Auditors. 

5 (H) International Trade Specialists. 

6 (I) Financial Systems Specialists. 

7 (c) NEW PERSONNEL.—The Secretary of the Treasury may appoint up 

8 to 20 new personnel to work with personnel of the Department in per9 forming customs revenue functions. 

10 § 10913. Preservation of customs funds 

11 Notwithstanding any other provision of this subtitle, no funds collected 

12 under section 13031(a) (1) through (8) of the Consolidated Omnibus Budg13 et Reconciliation Act of 1985 (19 U.S.C. 58c(a)(1) through (8)) may be 

14 transferred for use by another agency or office in the Department. 

15 § 10914. Separate budget request for U.S. Customs and Bor16 der Protection 

17 (a) IN GENERAL.—The President shall include in each budget trans18 mitted to Congress under section 1105 of title 31 a separate budget request 

19 for U.S. Customs and Border Protection. 

20 (b) FIVE-YEAR PLAN FOR LAND BORDER PORT OF ENTRY PROJECTS.— 

21 The annual budget submission of U. S. Customs and Border Protection for 

22 ‘‘Construction and Facilities Management’’ shall, in consultation with the 

23 General Services Administration, include a detailed 5-year plan for all Fed24 eral land border port-of-entry projects, with a yearly update of total pro25 jected future funding needs delineated by Federal land border port of entry. 

26 § 10915. Allocation of resources by the Secretary 

27 (a) DEFINITION OF CUSTOMS REVENUE SERVICES.—In this section, the 

28 term ‘‘customs revenue services’’ means those customs revenue functions de29 scribed in section 10911(1) through (6) and (8) of this title. 

30 (b) IN GENERAL.—The Secretary shall ensure that adequate staffing is 

31 provided to ensure that levels of customs revenue services provided on Janu32 ary 23, 2003, shall continue to be provided. 

33 (c) NOTIFICATION OF CONGRESS.—The Secretary shall notify the Com34 mittee on Ways and Means of the House of Representatives and the Com35 mittee on Finance of the Senate at least 90 days prior to taking an action 

36 that would— 

37 (1) result in a significant reduction in customs revenue services, in38 cluding hours of operation, provided at an office within the Department 

39 or a port of entry; 

40 (2) eliminate or relocate an office of the Department that provides 

41 customs revenue services; or 


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1 (3) eliminate a port of entry. 

2 § 10916. Methamphetamine and methamphetamine pre3 cursor chemicals 

4 (a) DEFINITION OF METHAMPHETAMINE PRECURSOR CHEMICALS.—In 

5 this section, the term ‘‘methamphetamine precursor chemicals’’ means the 

6 chemicals ephedrine, pseudoephedrine, or phenylpropanolamine, including 

7 each of the salts, optical isomers, and salts of optical isomers of the chemi8 cals. 

9 (b) COMPLIANCE WITH PERFORMANCE PLAN REQUIREMENTS.—As part 

10 of the annual performance plan required in the budget submission of U.S. 

11 Customs and Border Protection under section 1115 of title 31, the Commis12 sioner shall establish performance indicators relating to the seizure of meth13 amphetamine and methamphetamine precursor chemicals in order to evalu14 ate the performance goals of U.S. Customs and Border Protection with re15 spect to the interdiction of illegal drugs entering the United States. 

16 (c) STUDY AND REPORT RELATING TO METHAMPHETAMINE AND METH17 AMPHETAMINE PRECURSOR CHEMICALS.— 

18 (1) ANALYSIS.—The Commissioner shall, on an ongoing basis, ana19 lyze the movement of methamphetamine and methamphetamine pre20 cursor chemicals into the United States. In conducting the analysis, the 

21 Commissioner shall— 

22 (A) consider the entry of methamphetamine and methamphet23 amine precursor chemicals through ports of entry, between ports 

24 of entry, through international mails, and through international 

25 courier services; 

26 (B) examine the export procedures of each foreign country 

27 where the shipments of methamphetamine and methamphetamine 

28 precursor chemicals originate and determine if changes in the 

29 country’s customs overtime provisions would alleviate the export of 

30 methamphetamine and methamphetamine precursor chemicals; 

31 and 

32 (C) identify emerging trends in smuggling techniques and strat33 egies. 

34 (2) REPORT.—Not later than September 30 of each odd-numbered 

35 year, the Commissioner, in consultation with the Attorney General, 

36 United States Immigration and Customs Enforcement, the United 

37 States Drug Enforcement Administration, and the United States De38 partment of State, shall submit a report to the Committee on Finance 

39 of the Senate, the Committee on Foreign Relations of the Senate, the 

40 Committee on the Judiciary of the Senate, the Committee on Ways and 

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1 fairs of the House of Representatives, and the Committee on the Judi2 ciary of the House of Representatives, that includes— 

3 (A) a comprehensive summary of the analysis described in para4 graph (1); and 

5 (B) a description of how U.S. Customs and Border Protection 

6 utilized the analysis described in paragraph (1) to target ship7 ments presenting a high risk for smuggling or circumvention of 

8 the Combat Methamphetamine Epidemic Act of 2005 (Public Law 

9 109–177, title VII, 120 Stat. 256). 

10 (3) AVAILABILITY OF ANALYSIS.—The Commissioner shall ensure 

11 that the analysis described in paragraph (1) is made available in a 

12 timely manner to the Secretary of State to facilitate the Secretary in 

13 fulfilling the Secretary’s reporting requirements in section 722 of the 

14 Combat Methamphetamine Epidemic Act of 2005 (Public Law 109– 

15 177, title VII, 120 Stat. 268). 

16 § 10917. Polygraph and background examinations for law 

17 enforcement personnel of U.S. Customs and Bor18 der Protection 

19 (a) IN GENERAL.—The Secretary shall ensure that— 

20 (1) all applicants for law enforcement positions with U.S. Customs 

21 and Border Protection (except as provided in subsection (b)) receive 

22 polygraph examinations before being hired for a position; and 

23 (2) U.S. Customs and Border Protection initiates all periodic back24 ground reinvestigations for all law enforcement personnel of U.S. Cus25 toms and Border Protection who should receive periodic background re26 investigations pursuant to relevant policies of U.S. Customs and Bor27 der Protection in effect on January 3, 2011. 

28 (b) WAIVER.—The Commissioner of U.S. Customs and Border Protection 

29 may waive the polygraph examination requirement under subsection (a)(1) 

30 for any applicant who— 

31 (1) is considered suitable for employment; 

32 (2) holds a current, active Top Secret/Sensitive Compartmented In33 formation Clearance; 

34 (3) has a current Single Scope Background Investigation; 

35 (4) was not granted any waivers to obtain his or her clearance; and 

36 (5) is a veteran (as defined in section 2108 of title 5). 

37 § 10918. Fees authorized for Advanced Training Center 

38 U.S. Customs and Border Protection’s Advanced Training Center may 

39 charge fees for a service and/or thing of value it provides to Federal Govern40 ment or non-government entities or individuals, so long as the fees charged 

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1 vided. Notwithstanding 31 U.S.C. 3302(b), fees collected by the Advanced 

2 Training Center— 

3 (1) shall be deposited in a separate account entitled ‘‘Advanced 

4 Training Center Revolving Fund; 

5 (2) are available, without further appropriations, for necessary ex6 penses of the Advanced Training Center program; and 

7 (3) remain available until expended. 

8 § 10919. Border security metrics 

9 (a) DEFINITIONS.—In this section: 

10 (1) APPROPRIATE CONGRESSIONAL COMMITTEES.—The term ‘‘appro11 priate congressional committees’’ means— 

12 (A) the Committee on Homeland Security and Governmental 

13 Affairs of the Senate; and 

14 (B) the Committee on Homeland Security of the House of Rep15 resentatives. 

16 (2) CONSEQUENCE DELIVERY SYSTEM.—The term ‘‘Consequence De17 livery System’’ means the series of consequences applied by the U.S. 

18 Border Patrol in collaboration with other Federal agencies to individ19 uals unlawfully entering the United States, to prevent unlawful border 

20 crossing recidivism. 

21 (3) GOT AWAY.—The term ‘‘got away’’ means an unlawful border 

22 crosser who— 

23 (A) is directly or indirectly observed making an unlawful entry 

24 into the United States; 

25 (B) is not apprehended; and 

26 (C) is not a turn back. 

27 (4) KNOWN MARITIME MIGRANT FLOW.—The term ‘‘known maritime 

28 migrant flow’’ means the sum of the number of undocumented mi29 grants— 

30 (A) interdicted in the waters over which the United States has 

31 jurisdiction; 

32 (B) identified at sea either directly or indirectly, but not inter33 dicted; or 

34 (C) if not described in subparagraph (A) or (B), who were oth35 erwise reported, with a significant degree of certainty, as having 

36 entered, or attempted to enter, the United States through the 

37 maritime border. 

38 (5) MAJOR VIOLATOR.—The term ‘‘major violator’’ means a person 

39 or entity that has engaged in serious criminal activities at any land, 

40 air, or sea port of entry, including the following: 

41 (A) Possession of illicit drugs. 


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1 (B) Smuggling of prohibited products. 

2 (C) Human smuggling. 

3 (D) Possession of illegal weapons. 

4 (E) Use of fraudulent documents. 

5 (F) Any other offense that is serious enough to result in an ar6 rest. 

7 (6) SITUATIONAL AWARENESS.—The term ‘‘situational awareness’’ 

8 means knowledge and understanding of current unlawful cross-border 

9 activity, including the following: 

10 (A) Threats and trends concerning illicit trafficking and unlaw11 ful crossings. 

12 (B) The ability to forecast future shifts in those threats and 

13 trends. 

14 (C) The ability to evaluate those threats and trends at a level 

15 sufficient to create actionable plans. 

16 (D) The operational capability to conduct persistent and inte17 grated surveillance of the international borders of the United 

18 States. 

19 (7) TRANSIT ZONE.—The term ‘‘transit zone’’ means the sea cor20 ridors of the western Atlantic Ocean, the Gulf of Mexico, the Caribbean 

21 Sea, and the eastern Pacific Ocean through which undocumented mi22 grants and illicit drugs transit, either directly or indirectly, to the 

23 United States. 

24 (8) TURN BACK.—The term ‘‘turn back’’ means an unlawful border 

25 crosser who, after making an unlawful entry into the United States, 

26 responds to United States enforcement efforts by returning promptly 

27 to the country from which the crosser entered. 

28 (9) UNLAWFUL BORDER CROSSING EFFECTIVENESS RATE.—The 

29 term ‘‘unlawful border crossing effectiveness rate’’ means the percent30 age that results from dividing the number of apprehensions and turn 

31 backs by the sum of the number of apprehensions, estimated unde32 tected unlawful entries, turn backs, and got aways. 

33 (10) UNLAWFUL ENTRY.—The term ‘‘unlawful entry’’ means an un34 lawful border crosser who enters the United States and is not appre35 hended by a border security component of the Department. 

36 (b) METRICS FOR SECURING THE BORDER BETWEEN PORTS OF

37 ENTRY.— 

38 (1) IN GENERAL.—Not later than 180 days after December 23, 

39 2016, the Secretary shall develop metrics, informed by situational 

40 awareness, to measure the effectiveness of security between ports of 


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1 entry. The Secretary shall annually implement the metrics developed 

2 under this subsection, which shall include the following: 

3 (A) Estimates, using alternative methodologies where appro4 priate, including recidivism data, survey data, known-flow data, 

5 and technologically measured data, of the following: 

6 (i) The rate of apprehension of attempted unlawful border 

7 crossers. 

8 (ii) The number of detected unlawful entries. 

9 (iii) The number of estimated undetected unlawful entries. 

10 (iv) Turn backs. 

11 (v) Got aways. 

12 (B) A measurement of situational awareness achieved in each 

13 U.S. Border Patrol sector. 

14 (C) An unlawful border crossing effectiveness rate in each U.S. 

15 Border Patrol sector. 

16 (D) A probability of detection rate, which compares the esti17 mated total unlawful border crossing attempts not detected by 

18 U.S. Border Patrol to the unlawful border crossing effectiveness 

19 rate under subparagraph (C), as informed by subparagraph (A). 

20 (E) The number of apprehensions in each U.S. Border Patrol 

21 sector. 

22 (F) The number of apprehensions of unaccompanied alien chil23 dren, and the nationality of the children, in each U.S. Border Pa24 trol sector. 

25 (G) The number of apprehensions of family units, and the na26 tionality of the family units, in each U.S. Border Patrol sector. 

27 (H) An illicit drugs seizure rate for drugs seized by the U.S. 

28 Border Patrol between ports of entry, which compares the ratio 

29 of the amount and type of illicit drugs seized between ports of 

30 entry in any fiscal year to the average of the amount and type of 

31 illicit drugs seized between ports of entry in the immediately pre32 ceding 5 fiscal years. 

33 (I) Estimates of the impact of the Consequence Delivery System 

34 on the rate of recidivism of unlawful border crossers over multiple 

35 fiscal years. 

36 (J) An examination of each consequence under the Consequence 

37 Delivery System referred to in subparagraph (I), including the fol38 lowing: 

39 (i) Voluntary return. 

40 (ii) Warrant of arrest or notice to appear. 

41 (iii) Expedited removal. 


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1 (iv) Reinstatement of removal. 

2 (v) Alien transfer exit program. 

3 (vi) Criminal consequence program. 

4 (vii) Standard prosecution. 

5 (viii) Operation Against Smugglers Initiative on Safety and 

6 Security. 

7 (2) METRICS CONSULTATION.—To ensure that authoritative data 

8 sources are utilized in the development of the metrics described in 

9 paragraph (1), the Secretary shall— 

10 (A) consult with the heads of the appropriate components of the 

11 Department; and 

12 (B) where appropriate, consult with the heads of other agencies, 

13 including the Office of Refugee Resettlement of the Department 

14 of Health and Human Services and the Executive Office for Immi15 gration Review of the Department of Justice. 

16 (3) MANNER OF COLLECTION.—The data collected to inform the 

17 metrics developed in accordance with paragraph (1) shall be collected 

18 and reported in a consistent and standardized manner across all U.S. 

19 Border Patrol sectors, informed by situational awareness. 

20 (c) METRICS FOR SECURING THE BORDER AT PORTS OF ENTRY.— 

21 (1) IN GENERAL.— Not later than 180 days after December 23, 

22 2016, the Secretary shall develop metrics, informed by situational 

23 awareness, to measure the effectiveness of security at ports of entry. 

24 The Secretary shall annually implement the metrics developed under 

25 this subsection, which shall include the following: 

26 (A) Estimates, using alternative methodologies where appro27 priate, including recidivism data, survey data, and randomized sec28 ondary screening data, of the following: 

29 (i) Total inadmissible travelers who attempt to, or success30 fully, enter the United States at a port of entry. 

31 (ii) The rate of refusals and interdictions for travelers who 

32 attempt to, or successfully, enter the United States at a port 

33 of entry. 

34 (iii) The number of unlawful entries at a port of entry. 

35 (B) The amount and type of illicit drugs seized by the Office 

36 of Field Operations of U.S. Customs and Border Protection at 

37 ports of entry during the previous fiscal year. 

38 (C) An illicit drugs seizure rate for drugs seized by the Office 

39 of Field Operations, which compares the ratio of the amount and 

40 type of illicit drugs seized by the Office of Field Operations in any 

41 fiscal year to the average of the amount and type of illicit drugs 


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1 seized by the Office of Field Operations in the immediately pre2 ceding 5 fiscal years. 

3 (D) The number of infractions related to travelers and cargo 

4 committed by major violators who are interdicted by the Office of 

5 Field Operations at ports of entry, and the estimated number of 

6 those infractions committed by major violators who are not so 

7 interdicted. 

8 (E) In consultation with the heads of the Office of National 

9 Drug Control Policy and the United States Southern Command, 

10 a cocaine seizure effectiveness rate, which is the percentage result11 ing from dividing the amount of cocaine seized by the Office of 

12 Field Operations by the total estimated cocaine flow rate at ports 

13 of entry along the United States land border with Mexico and 

14 Canada. 

15 (F) A measurement of how border security operations affect 

16 crossing times, including the following: 

17 (i) A wait time ratio that compares the average wait times 

18 to total commercial and private vehicular traffic volumes at 

19 each land port of entry. 

20 (ii) An infrastructure capacity utilization rate that meas21 ures traffic volume against the physical and staffing capacity 

22 at each land port of entry. 

23 (iii) A secondary examination rate that measures the fre24 quency of secondary examinations at each land port of entry. 

25 (iv) An enforcement rate that measures the effectiveness of 

26 the secondary examinations at detecting major violators. 

27 (G) A seaport scanning rate that includes the following: 

28 (i) The number of all cargo containers that are considered 

29 potentially high-risk, as determined by the Executive Assist30 ant Commissioner of the Office of Field Operations. 

31 (ii) A comparison of the number of potentially high-risk 

32 cargo containers scanned by the Office of Field Operations at 

33 each sea port of entry during a fiscal year to the total num34 ber of high-risk cargo containers entering the United States 

35 at each such sea port of entry during the previous fiscal year. 

36 (iii) The number of potentially high-risk cargo containers 

37 scanned on arrival at a United States sea port of entry. 

38 (iv) The number of potentially high-risk cargo containers 

39 scanned before arrival at a United States sea port of entry. 


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1 (2) METRICS CONSULTATION.—To ensure that authoritative data 

2 sources are utilized in the development of the metrics described in 

3 paragraph (1), the Secretary shall— 

4 (A) consult with the heads of the appropriate components of the 

5 Department; and 

6 (B) where appropriate, work with heads of other appropriate 

7 agencies, including the Office of Refugee Resettlement of the De8 partment of Health and Human Services and the Executive Office 

9 for Immigration Review of the Department of Justice. 

10 (3) MANNER OF COLLECTION.—The data collected to inform the 

11 metrics developed in accordance with paragraph (1) shall be collected 

12 and reported in a consistent and standardized manner across all United 

13 States ports of entry, informed by situational awareness. 

14 (d) METRICS FOR SECURING THE MARITIME BORDER.— 

15 (1) IN GENERAL.— Not later than 180 days after December 23, 

16 2016, the Secretary shall develop metrics, informed by situational 

17 awareness, to measure the effectiveness of security in the maritime en18 vironment. The Secretary shall annually implement the metrics devel19 oped under this subsection, which shall include the following: 

20 (A) Situational awareness achieved in the maritime environ21 ment. 

22 (B) A known maritime migrant flow rate. 

23 (C) An illicit drugs removal rate for drugs removed inside and 

24 outside of a transit zone, which compares the amount and type of 

25 illicit drugs removed, including drugs abandoned at sea, by the 

26 maritime security components of the Department of Homeland Se27 curity in any fiscal year to the average of the amount and type 

28 of illicit drugs removed by the maritime components for the imme29 diately preceding 5 fiscal years. 

30 (D) In consultation with the heads of the Office of National 

31 Drug Control Policy and the United States Southern Command, 

32 a cocaine removal effectiveness rate for cocaine removed inside a 

33 transit zone and outside a transit zone, which compares the 

34 amount of cocaine removed by the maritime security components 

35 of the Department of Homeland Security to the total documented 

36 cocaine flow rate, as contained in Federal drug databases. 

37 (E) A response rate, which compares the ability of the maritime 

38 security components of the Department of Homeland Security to 

39 respond to and resolve known maritime threats, whether inside or 

40 outside a transit zone, by placing assets on-scene, to the total 


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1 number of events with respect to which the Department has 

2 known threat information. 

3 (F) An intergovernmental response rate, which compares the 

4 ability of the maritime security components of the Department or 

5 other United States Government entities to respond to and resolve 

6 actionable maritime threats, whether inside or outside a transit 

7 zone, with the number of those threats detected. 

8 (2) METRICS CONSULTATION.—To ensure that authoritative data 

9 sources are utilized in the development of the metrics described in 

10 paragraph (1), the Secretary shall— 

11 (A) consult with the heads of the appropriate components of the 

12 Department; and 

13 (B) where appropriate, work with the heads of other agencies, 

14 including the Drug Enforcement Agency, the Department of De15 fense, and the Department of Justice. 

16 (3) METHODS OF COLLECTION.—The data used by the Secretary 

17 shall be collected and reported in a consistent and standardized manner 

18 by the maritime security components of the Department, informed by 

19 situational awareness. 

20 (e) AIR AND MARINE SECURITY METRICS IN THE LAND DOMAIN.— 

21 (1) IN GENERAL.—Not later than 180 days after December 23, 

22 2016, the Secretary shall develop metrics, informed by situational 

23 awareness, to measure the effectiveness of the aviation assets and oper24 ations of Air and Marine Operations of U.S. Customs and Border Pro25 tection. The Secretary shall annually implement the metrics developed 

26 under this subsection, which shall include the following: 

27 (A) A flight hour effectiveness rate, which compares Air and 

28 Marine Operations flight hours requirements to the number of 

29 flight hours flown by Air and Marine Operations. 

30 (B) A funded flight hour effectiveness rate, which compares the 

31 number of funded flight hours appropriated to Air and Marine Op32 erations to the number of actual flight hours flown by Air and Ma33 rine Operations. 

34 (C) A readiness rate, which compares the number of aviation 

35 missions flown by Air and Marine Operations to the number of 

36 aviation missions cancelled by Air and Marine Operations due to 

37 maintenance, operations, or other causes. 

38 (D) The number of missions cancelled by Air and Marine Oper39 ations due to weather compared to the total planned missions. 


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1 (E) The number of individuals detected by Air and Marine Op2 erations through the use of unmanned aerial systems and manned 

3 aircraft. 

4 (F) The number of apprehensions assisted by Air and Marine 

5 Operations through the use of unmanned aerial systems and 

6 manned aircraft. 

7 (G) The number and quantity of illicit drug seizures assisted by 

8 Air and Marine Operations through the use of unmanned aerial 

9 systems and manned aircraft. 

10 (H) The number of times that actionable intelligence related to 

11 border security was obtained through the use of unmanned aerial 

12 systems and manned aircraft. 

13 (2) METRICS CONSULTATION.—To ensure that authoritative data 

14 sources are utilized in the development of the metrics described in 

15 paragraph (1), the Secretary shall— 

16 (A) consult with the heads of the appropriate components of the 

17 Department; and 

18 (B) as appropriate, work with the heads of other departments 

19 and agencies, including the Department of Justice. 

20 (3) MANNER OF COLLECTION.—The data collected to inform the 

21 metrics developed in accordance with paragraph (1) shall be collected 

22 and reported in a consistent and standardized manner by Air and Ma23 rine Operations, informed by situational awareness. 

24 (f) DATA TRANSPARENCY.—The Secretary shall— 

25 (1) in accordance with applicable privacy laws, make data relating 

26 to apprehensions, inadmissible aliens, drug seizures, and other enforce27 ment actions available to the public, law enforcement communities, and 

28 academic research communities; and 

29 (2) provide the Office of Immigration Statistics of the Department 

30 with unfettered access to the data referred to in paragraph (1). 

31 (g) EVALUATIONS BY GOVERNMENT ACCOUNTABILITY OFFICE AND SEC32 RETARY.— 

33 (1) METRIC REPORT.— 

34 (A) MANDATORY DISCLOSURES.—The Secretary shall submit to 

35 the appropriate congressional committees and the Comptroller 

36 General an annual report containing the metrics required under 

37 this section and the data and methodology used to develop the 

38 metrics. 

39 (B) PERMISSIBLE DISCLOSURES.—The Secretary, for the pur40 pose of validation and verification, may submit the annual report 

41 described in subparagraph (A) to— 


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1 (i) the Center for Borders, Trade, and Immigration Re2 search of the Centers of Excellence network of the Depart3 ment; 

4 (ii) the head of a national laboratory in the Department 

5 laboratory network with prior expertise in border security; 

6 and 

7 (iii) a federally funded research and development center. 

8 (2) GOVERNMENT ACCOUNTABILITY OFFICE REPORT.—Not later 

9 than 270 days after receiving the first report under paragraph (1)(A) 

10 and biennially thereafter for the following 10 years with respect to 

11 every other report, the Comptroller General shall submit to the appro12 priate congressional committees a report that— 

13 (A) analyzes the suitability and statistical validity of the data 

14 and methodology contained in each report; and 

15 (B) includes recommendations on— 

16 (i) the feasibility of other suitable metrics that may be used 

17 to measure the effectiveness of border security; and 

18 (ii) improvements that need to be made to the metrics 

19 being used to measure the effectiveness of border security. 

20 (3) STATE OF THE BORDER REPORT.—Not later than 60 days after 

21 the end of each fiscal year through fiscal year 2026, the Secretary shall 

22 submit to the appropriate congressional committees a State of the Bor23 der report that— 

24 (A) provides trends for each metric under this section for the 

25 last 10 fiscal years, to the greatest extent possible; 

26 (B) provides selected analysis into related aspects of illegal flow 

27 rates, including undocumented migrant flows and stock estimation 

28 techniques; 

29 (C) provides selected analysis into related aspects of legal flow 

30 rates; and 

31 (D) includes any other information that the Secretary deter32 mines appropriate. 

33 (4) METRICS UPDATE.— 

34 (A) IN GENERAL.—After submitting the 10th report to the 

35 Comptroller General under paragraph (1), the Secretary may re36 evaluate and update any of the metrics developed in accordance 

37 with this section to ensure that the metrics are suitable to meas38 ure the effectiveness of border security. 

39 (B) CONGRESSIONAL NOTIFICATION.—Not later than 30 days 

40 before updating the metrics pursuant to subparagraph (A), the 


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1 Secretary shall notify the appropriate congressional committees of 

2 the updates. 

3 § 10920. Trusted traveler program 

4 The Secretary may not enter into or renew an agreement with the govern5 ment of a foreign country for a trusted traveler program administered by 

6 U.S. Customs and Border Protection unless the Secretary certifies in writ7 ing that the government— 

8 (1) routinely submits to INTERPOL for inclusion in INTERPOL’s 

9 Stolen and Lost Travel Documents database information about lost and 

10 stolen passports and travel documents of the citizens and nationals of 

11 the country; or 

12 (2) makes available to the United States Government the informa13 tion described in paragraph (1) through another means of reporting. 

14 § 10921. Hiring members of the armed forces separating 

15 from military service 

16 (a) EXPEDITED HIRING.—The Secretary shall consider the expedited hir17 ing of qualified candidates who have the ability to perform the essential 

18 functions of the position of a U.S. Customs and Border Protection officer 

19 and who are eligible for a veterans recruitment appointment authorized 

20 under section 4214 of title 38. 

21 (b) ENHANCED RECRUITING EFFORTS.—The Secretary, in consultation 

22 with the Secretary of Defense, and acting through existing programs, au23 thorities, and agreements, where applicable, shall enhance the efforts of the 

24 Department to recruit members of the armed forces who are separating 

25 from military service to serve as U.S. Customs and Border Protection offi26 cers. The enhanced recruiting efforts shall— 

27 (1) include U.S. Customs and Border Protection officer opportunities 

28 in relevant job assistance efforts under the Transition Assistance Pro29 gram; 

30 (2) place U.S. Customs and Border Protection officials or other rel31 evant Department officials at recruiting events and jobs fairs involving 

32 members of the armed forces who are separating from military service; 

33 (3) provide opportunities for local U.S. Customs and Border Protec34 tion field offices to partner with military bases in the region; 

35 (4) include outreach efforts to educate members of the armed forces 

36 with Military Occupational Specialty Codes and Officer Branches, Air 

37 Force Specialty Codes, Naval Enlisted Classifications and Officer Des38 ignators, and Coast Guard competencies that are transferable to the re39 quirements, qualifications, and duties assigned to U.S. Customs and 

40 Border Protection officers of available hiring opportunities to become 

41 U.S. Customs and Border Protection officers; 


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1 (5) identify shared activities and opportunities for reciprocity related 

2 to steps in hiring U.S. Customs and Border Protection officers with the 

3 goal of minimizing the time required to hire qualified applicants; 

4 (6) ensure the streamlined interagency transfer of relevant back5 ground investigations and security clearances; and 

6 (7) include such other elements as may be necessary to ensure that 

7 members of the armed forces who are separating from military service 

8 are aware of opportunities to fill vacant U.S. Customs and Border Pro9 tection officer positions. 

10 (c) REPORTS.—Not later than 180 days after October 16, 2015, and by 

11 December 31 of each of the next 3 years, the Secretary, in consultation with 

12 the Secretary of Defense, shall submit a report to the Committee on Home13 land Security and the Committee on Armed Services of the House of Rep14 resentatives and the Committee on Homeland Security and Governmental 

15 Affairs and the Committee on Armed Services of the Senate that includes 

16 a description and assessment of the efforts of the Department under this 

17 section to hire members of the armed forces who are separating from mili18 tary service as U.S. Customs and Border Protection officers. The report 

19 shall include— 

20 (1) a detailed description of the efforts to implement subsection (b), 

21 including— 

22 (A) elements of the enhanced recruiting efforts and the goals 

23 associated with those elements; and 

24 (B) a description of how the elements and goals referred to in 

25 subparagraph (A) will assist in meeting statutorily mandated 

26 staffing levels and agency hiring benchmarks; 

27 (2) a detailed description of the efforts that have been undertaken 

28 under subsection (b); 

29 (3) the estimated number of separating service members made aware 

30 of U.S. Customs and Border Protection officer vacancies; 

31 (4) the number of U.S. Customs and Border Protection officer va32 cancies filled with separating service members; and 

33 (5) the number of U.S. Customs and Border Protection officer va34 cancies filled with separating service members under veterans recruit35 ment appointments authorized under section 4214 of title 38. 

36 (d) RULES OF CONSTRUCTION.—Nothing in this section may be con37 strued— 

38 (1) as superseding, altering, or amending existing Federal veterans’ 

39 hiring preferences or Federal hiring authorities; or 

40 (2) to authorize the appropriation of additional amounts to carry out 

41 this section. 


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1 Subchapter III—Immigration Enforcement 

2 Functions 

3 § 10931. Transfer of functions 

4 The Secretary succeeds to the functions, personnel, assets, and liabilities 

5 of the following programs of the Commissioner of Immigration and Natu6 ralization: 

7 (1) The Border Patrol program. 

8 (2) The detention and removal program. 

9 (3) The intelligence program. 

10 (4) The investigations program. 

11 (5) The inspections program. 

12 § 10932. Responsibilities of U.S. Immigration and Customs 

13 Enforcement officials 

14 (a) ASSISTANT SECRETARY OF IMMIGRATION AND CUSTOMS ENFORCE15 MENT.— 

16 (1) FUNCTIONS.—The Assistant Secretary of Immigration and Cus17 toms Enforcement— 

18 (A) shall establish the policies for performing functions— 

19 (i) transferred to the Secretary by section 10931 of this 

20 title and delegated to the Assistant Secretary by the Sec21 retary; or 

22 (ii) otherwise vested in the Assistant Secretary by law; 

23 (B) shall oversee the administration of the policies; and 

24 (C) shall advise the Secretary with respect to a policy or oper25 ation of U.S. Immigration and Customs Enforcement that may af26 fect U.S. Citizenship and Immigration Services established under 

27 subchapter IV of this chapter, including potentially conflicting 

28 policies or operations. 

29 (2) PROGRAM TO COLLECT INFORMATION RELATING TO FOREIGN

30 STUDENTS.—The Assistant Secretary of Immigration and Customs En31 forcement is responsible for administering the program to collect infor32 mation relating to nonimmigrant foreign students and other exchange 

33 program participants described in section 641 of the Illegal Immigra34 tion Reform and Immigrant Responsibility Act of 1996 (8 U.S.C. 

35 1372), including the Student and Exchange Visitor Information System 

36 established under that section, and shall use the information to carry 

37 out the enforcement functions of U.S. Immigration and Customs En38 forcement. 

39 (3) MANAGERIAL ROTATION PROGRAM.—The Assistant Secretary of 

40 Immigration and Customs Enforcement shall design and implement a 

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1 tion and Customs Enforcement holding positions involving supervisory 

2 or managerial responsibility and classified, in accordance with chapter 

3 51 of title 5, as a GS-14 or above, shall— 

4 (A) gain some experience in all the major functions performed 

5 by U.S. Immigration and Customs Enforcement; and 

6 (B) work in at least one local office of U.S. Immigration and 

7 Customs Enforcement. 

8 (b) CHIEF OF POLICY AND STRATEGY.— 

9 (1) IN GENERAL.—There is a Chief of Policy and Strategy for U.S. 

10 Immigration and Customs Enforcement. 

11 (2) FUNCTIONS.—In consultation with U.S. Immigration and Cus12 toms Enforcement personnel in local offices, the Chief of Policy and 

13 Strategy is responsible for— 

14 (A) making policy recommendations and performing policy re15 search and analysis on immigration enforcement issues; and 

16 (B) coordinating immigration policy issues with the Chief of 

17 Policy and Strategy for U.S. Citizenship and Immigration Serv18 ices, as appropriate. 

19 (c) LEGAL ADVISOR.—There is a principal legal advisor to the Assistant 

20 Secretary of Immigration and Customs Enforcement. The legal advisor shall 

21 provide specialized legal advice to the Assistant Secretary and shall rep22 resent U.S. Immigration and Customs Enforcement in all exclusion, depor23 tation, and removal proceedings before the Executive Office for Immigration 

24 Review. 

25 § 10933. Professional responsibility and quality review 

26 The Secretary is responsible for— 

27 (1) conducting investigations of noncriminal allegations of mis28 conduct, corruption, and fraud involving an employee of U. S. Immi29 gration and Customs Enforcement that are not subject to investigation 

30 by the Inspector General for the Department; 

31 (2) inspecting the operations of U. S. Immigration and Customs En32 forcement and providing assessments of the quality of the operations 

33 of U. S. Immigration and Customs Enforcement as a whole and each 

34 of its components; and 

35 (3) providing an analysis of the management of U.S. Immigration 

36 and Customs Enforcement. 

37 § 10934. Annual report on cross-border tunnels 

38 (a) DEFINITION OF CONGRESSIONAL COMMITTEES.—In this section, the 

39 term ‘‘congressional committees’’ means— 

40 (1) the Committee on Homeland Security and Governmental Affairs 

41 of the Senate; 


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1 (2) the Committee on the Judiciary of the Senate; 

2 (3) the Committee on Appropriations of the Senate; 

3 (4) the Committee on Homeland Security of the House of Represent4 atives; 

5 (5) the Committee on the Judiciary of the House of Representatives; 

6 and 

7 (6) the Committee on Appropriations of the House of Representa8 tives. 

9 (b) CONTENT.—The Secretary shall submit an annual report to the con10 gressional committees that includes a description of— 

11 (1) the cross-border tunnels along the border between Mexico and 

12 the United States discovered during the preceding fiscal year; and 

13 (2) the needs of the Department to effectively prevent, investigate, 

14 and prosecute border tunnel construction along the border between 

15 Mexico and the United States. 

16 Subchapter IV—Citizenship and 

17 Immigration Services 

18 § 10941. Transfer of functions to Director of U.S. Citizenship 

19 and Immigration Services 

20 The Director of U.S. Citizenship and Immigration Services succeeds to 

21 the following functions of the Commissioner of Immigration and Naturaliza22 tion, and all personnel, infrastructure, and funding provided to the Commis23 sioner in support of the functions immediately before March 1, 2003: 

24 (1) Adjudications of immigrant visa petitions. 

25 (2) Adjudications of naturalization petitions. 

26 (3) Adjudications of asylum and refugee applications. 

27 (4) Adjudications performed at service centers. 

28 (5) All other adjudications performed by the Immigration and Natu29 ralization Service immediately before March 1, 2003. 

30 § 10942. Responsibilities of U.S. Citizenship and Immigra31 tion Services officials 

32 (a) DIRECTOR.— 

33 (1) FUNCTIONS.—The Director of U.S. Citizenship and Immigration 

34 Services— 

35 (A) shall establish the policies for performing the functions 

36 transferred to the Director by section 10941 of this title or the 

37 Homeland Security Act of 2002 (Public Law 107–296, 116 Stat. 

38 2135) or otherwise vested in the Director by law; 

39 (B) shall oversee the administration of the policies; 

40 (C) shall advise the Deputy Secretary of Homeland Security 

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1 gration Services that may affect U.S. Immigration and Customs 

2 Enforcement, including potentially conflicting policies or oper3 ations; 

4 (D) shall establish national immigration services policies and 

5 priorities; 

6 (E) shall meet regularly with the Ombudsman described in sec7 tion 10943 of this title to correct serious service problems identi8 fied by the Ombudsman; and 

9 (F) shall establish procedures requiring a formal response to 

10 recommendations submitted in the Ombudsman’s annual report to 

11 Congress within 3 months after its submission to Congress. 

12 (2) MANAGERIAL ROTATION PROGRAM.—The Director of U.S. Citi13 zenship and Immigration Services shall design and implement a mana14 gerial rotation program under which employees of U.S. Citizenship and 

15 Immigration Services holding positions involving supervisory or mana16 gerial responsibility and classified, in accordance with chapter 51 of 

17 title 5, as a GS-14 or above, shall— 

18 (A) gain some experience in all the major functions performed 

19 by U.S. Citizenship and Immigration Services; and 

20 (B) work in at least one field office and one service center of 

21 U.S. Citizenship and Immigration Services. 

22 (3) PILOT INITIATIVES FOR BACKLOG ELIMINATION.—The Director 

23 of U.S. Citizenship and Immigration Services may implement innova24 tive pilot initiatives to eliminate a remaining backlog in the processing 

25 of immigration benefit applications, and to prevent a backlog in the 

26 processing of applications from recurring, under section 204(a) of the 

27 Immigration Services and Infrastructure Improvements Act of 2000 (8 

28 U.S.C. 1573(a)). Initiatives may include measures such as increasing 

29 personnel, transferring personnel to focus on areas with the largest po30 tential for backlog, and streamlining paperwork. 

31 (b) CHIEF OF POLICY AND STRATEGY.— 

32 (1) IN GENERAL.—There is a Chief of Policy and Strategy for U.S. 

33 Citizenship and Immigration Services. 

34 (2) FUNCTIONS.—In consultation with U.S. Citizenship and Immi35 gration Services personnel in field offices, the Chief of Policy and 

36 Strategy is responsible for— 

37 (A) making policy recommendations and performing policy re38 search and analysis on immigration services issues; and 

39 (B) coordinating immigration policy issues with the Chief of 

40 Policy and Strategy for U.S. Immigration and Customs Enforce41 ment. 


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1 (c) LEGAL ADVISOR.— 

2 (1) IN GENERAL.—There is a principal legal advisor to the Director 

3 of U.S. Citizenship and Immigration Services. 

4 (2) FUNCTIONS.—The legal advisor is responsible for— 

5 (A) providing specialized legal advice, opinions, determinations, 

6 regulations, and other assistance to the Director of U.S. Citizen7 ship and Immigration Services with respect to legal matters affect8 ing U.S. Citizenship and Immigration Services; and 

9 (B) representing U.S. Citizenship and Immigration Services in 

10 visa petition appeal proceedings before the Executive Office for 

11 Immigration Review. 

12 (d) BUDGET OFFICER.— 

13 (1) IN GENERAL.—There is a Budget Officer for U.S. Citizenship 

14 and Immigration Services. 

15 (2) FUNCTIONS.—The Budget Officer is responsible for— 

16 (A) formulating and executing the budget of U.S. Citizenship 

17 and Immigration Services; 

18 (B) financial management of U.S. Citizenship and Immigration 

19 Services; and 

20 (C) collecting all payments, fines, and other debts for U.S. Citi21 zenship and Immigration Services. 

22 (e) CHIEF OF OFFICE OF CITIZENSHIP.— 

23 (1) IN GENERAL.—There is a Chief of the Office of Citizenship for 

24 U.S. Citizenship and Immigration Services. 

25 (2) FUNCTIONS.—The Chief of the Office of Citizenship for U.S. 

26 Citizenship and Immigration Services is responsible for promoting in27 struction and training on citizenship responsibilities for aliens inter28 ested in becoming naturalized citizens of the United States, including 

29 the development of educational materials. 

30 § 10943. Citizenship and Immigration Services Ombudsman 

31 (a) IN GENERAL.—There is in the Department a Citizenship and Immi32 gration Services Ombudsman (in this section referred to as the ‘‘Ombuds33 man’’). The Ombudsman shall report directly to the Deputy Secretary of 

34 Homeland Security. The Ombudsman shall have a background in customer 

35 service as well as immigration law. 

36 (b) FUNCTIONS.—The Ombudsman— 

37 (1) shall assist individuals and employers in resolving problems with 

38 U.S. Citizenship and Immigration Services; 

39 (2) shall identify areas in which individuals and employers have 

40 problems in dealing with U.S. Citizenship and Immigration Services; 

41 and 


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1 (3) to the extent possible, shall propose changes in the administrative 

2 practices of U.S. Citizenship and Immigration Services to mitigate 

3 problems identified under paragraph (2). 

4 (c) ANNUAL REPORT.— 

5 (1) OBJECTIVES.—Not later than June 30 each year, the Ombuds6 man shall report to the Committees on the Judiciary of the House of 

7 Representatives and the Senate on the objectives of the Office of the 

8 Ombudsman for the fiscal year beginning in that year. The report shall 

9 contain full and substantive analysis, in addition to statistical informa10 tion, and— 

11 (A) shall identify the recommendations the Office of the Om12 budsman has made on improving services and responsiveness of 

13 U.S. Citizenship and Immigration Services; 

14 (B) shall contain a summary of the most pervasive and serious 

15 problems encountered by individuals and employers, including a 

16 description of the nature of the problems; 

17 (C) shall contain an inventory of the items described in sub18 paragraphs (A) and (B) for which action has been taken and the 

19 result of the action; 

20 (D) shall contain an inventory of the items described in sub21 paragraphs (A) and (B) for which action remains to be completed 

22 and the period during which each item has remained on the inven23 tory; 

24 (E) shall contain an inventory of the items described in sub25 paragraphs (A) and (B) for which no action has been taken, the 

26 period during which each item has remained on the inventory, the 

27 reasons for the inaction, and shall identify any official of U.S. 

28 Citizenship and Immigration Services who is responsible for inac29 tion; 

30 (F) shall contain recommendations for administrative action ap31 propriate to resolve problems encountered by individuals and em32 ployers, including problems created by excessive backlogs in the 

33 adjudication and processing of immigration benefit petitions and 

34 applications; and 

35 (G) shall include other information the Ombudsman may deem 

36 advisable. 

37 (2) REPORT TO BE SUBMITTED DIRECTLY TO COMMITTEES.—Each 

38 report required under this subsection shall be provided directly to the 

39 committees described in paragraph (1) without prior comment or 

40 amendment from the Secretary, the Deputy Secretary of Homeland Se41 curity, the Director of U.S. Citizenship and Immigration Services, or 


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1 another officer or employee of the Department or the Office of Manage2 ment and Budget. 

3 (d) OTHER RESPONSIBILITIES.—The Ombudsman— 

4 (1) shall monitor the coverage and geographic allocation of local of5 fices of the Ombudsman; 

6 (2) shall develop guidance to be distributed to all officers and em7 ployees of U.S. Citizenship and Immigration Services outlining the cri8 teria for referral of inquiries to local offices of the Ombudsman; 

9 (3) shall ensure that the local telephone number for each local office 

10 of the Ombudsman is published and available to individuals and em11 ployers served by the office; and 

12 (4) shall meet regularly with the Director of U.S. Citizenship and 

13 Immigration Services to identify serious service problems and to 

14 present recommendations for administrative action appropriate to re15 solve problems encountered by individuals and employers. 

16 (e) PERSONNEL ACTIONS.— 

17 (1) IN GENERAL.—The Ombudsman has the responsibility and au18 thority— 

19 (A) to appoint local ombudsmen and make available at least one 

20 ombudsman for each State; and 

21 (B) to evaluate and take personnel actions (including dismissal) 

22 with respect to an employee of a local office of the Ombudsman. 

23 (2) CONSULTATION.—The Ombudsman may consult with the appro24 priate supervisory personnel of U.S. Citizenship and Immigration Serv25 ices in carrying out the Ombudsman’s responsibilities under this sub26 section. 

27 (f) RESPONSIBILITIES OF DIRECTOR OF U.S. CITIZENSHIP AND IMMIGRA28 TION SERVICES.—The Director of U.S. Citizenship and Immigration Serv29 ices shall establish procedures requiring a formal response to all rec30 ommendations submitted to the Director by the Ombudsman within 3 

31 months after submission. 

32 (g) OPERATION OF LOCAL OFFICES.— 

33 (1) IN GENERAL.—Each local ombudsman— 

34 (A) shall report to the Ombudsman or the delegate of the Om35 budsman; 

36 (B) may consult with the appropriate supervisory personnel of 

37 U.S. Citizenship and Immigration Services regarding the daily op38 eration of the local office of the Ombudsman; 

39 (C) shall, at the initial meeting with an individual or employer 

40 seeking the assistance of the local office, notify the individual or 

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1 pendently of any other component of the Department and report 

2 directly to Congress through the Ombudsman; and 

3 (D) at the local ombudsman’s discretion, may determine not to 

4 disclose to U.S. Citizenship and Immigration Services contact 

5 with, or information provided by, the individual or employer. 

6 (2) MAINTENANCE OF INDEPENDENT COMMUNICATIONS.—Each local 

7 office of the Ombudsman shall maintain a phone, facsimile, and other 

8 means of electronic communication access, and a post office address, 

9 that is separate from those maintained by U.S. Citizenship and Immi10 gration Services, or any component of U.S. Citizenship and Immigra11 tion Services. 

12 § 10944. Professional responsibility and quality review 

13 (a) IN GENERAL.—The Director of U.S. Citizenship and Immigration 

14 Services is responsible for— 

15 (1) conducting investigations of noncriminal allegations of mis16 conduct, corruption, and fraud involving an employee of U.S. Citizen17 ship and Immigration Services that are not subject to investigation by 

18 the Inspector General for the Department; 

19 (2) inspecting the operations of U.S. Citizenship and Immigration 

20 Services and providing assessments of the quality of the operations of 

21 U.S. Citizenship and Immigration Services as a whole and each of its 

22 components; and 

23 (3) providing an analysis of the management of U.S. Citizenship and 

24 Immigration Services. 

25 (b) SPECIAL CONSIDERATIONS.—In providing assessments under sub26 section (a)(2) with respect to a decision of U.S. Citizenship and Immigra27 tion Services, or of its components, consideration shall be given to— 

28 (1) the accuracy of the findings of fact and conclusions of law used 

29 in rendering the decision; 

30 (2) fraud or misrepresentation associated with the decision; and 

31 (3) the efficiency with which the decision was rendered. 

32 § 10945. Employee discipline 

33 The Director of U.S. Citizenship and Immigration Services may impose 

34 disciplinary action, including termination of employment, pursuant to poli35 cies and procedures applicable to employees of the Federal Bureau of Inves36 tigation, on an employee of U.S. Citizenship and Immigration Services who 

37 willfully deceives Congress or agency leadership on any matter. 

38 § 10946. Transition 

39 (a) REFERENCES.—With respect to a function transferred by this sub40 chapter to, and exercised on or after March 1, 2003, by, the Director of 

41 U.S. Citizenship and Immigration Services, a reference in any other Federal 


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1 law, Executive order, rule, regulation, delegation of authority, or document 

2 of or pertaining to a component of government from which the function is 

3 transferred— 

4 (1) to the head of the component is deemed to refer to the Director 

5 of U.S. Citizenship and Immigration Services; or 

6 (2) to the component is deemed to refer to U.S. Citizenship and Im7 migration Services. 

8 (b) EXERCISE OF AUTHORITIES.—Except as otherwise provided by law, 

9 a Federal official to whom a function is transferred by this subchapter may, 

10 for purposes of performing the function, exercise all authorities under any 

11 other provision of law that were available with respect to the performance 

12 of that function to the official responsible for the performance of the func13 tion immediately before March 1, 2003. 

14 § 10947. Application of Internet-based technologies 

15 (a) ESTABLISHMENT OF TRACKING SYSTEM.—The Secretary, in consulta16 tion with the Technology Advisory Committee established under subsection 

17 (c), shall establish an Internet-based system, that will permit a person, em18 ployer, immigrant, or nonimmigrant who has filings with the Secretary for 

19 a benefit under the Immigration and Nationality Act (8 U.S.C. 1101 et 

20 seq.), access to online information about the processing status of the filing 

21 involved. 

22 (b) FEASIBILITY STUDY FOR ONLINE FILING AND IMPROVED PROC23 ESSING.— 

24 (1) ONLINE FILING.—The Secretary, in consultation with the Tech25 nology Advisory Committee established under subsection (c), shall con26 duct a feasibility study on the online filing of the filings described in 

27 subsection (a). The study shall include a review of computerization and 

28 technology of U.S. Immigration and Customs Enforcement relating to 

29 the immigration services and processing of filings relating to immigrant 

30 services. The study shall also include an estimate of the timeframe and 

31 cost and shall consider other factors in implementing such a filing sys32 tem, including the feasibility of fee payment online. 

33 (2) REPORT.—A report on the study under this subsection shall be 

34 submitted to the Committees on the Judiciary of the House of Rep35 resentatives and the Senate not later than January 24, 2004. 

36 (c) TECHNOLOGY ADVISORY COMMITTEE.— 

37 (1) ESTABLISHMENT.—The Secretary shall establish the Technology 

38 Advisory Committee to assist the Secretary in— 

39 (A) establishing the tracking system under subsection (a); and 

40 (B) conducting the study under subsection (b). 


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1 (2) CONSULTATION.—The Technology Advisory Committee shall be 

2 established after consultation with the Committees on the Judiciary of 

3 the House of Representatives and the Senate. 

4 (3) COMPOSITION.—The Technology Advisory Committee shall be 

5 composed of representatives from high technology companies capable of 

6 establishing and implementing the system in an expeditious manner, 

7 and representatives of persons who may use the tracking system de8 scribed in subsection (a) and the online filing system described in sub9 section (b)(1). 

10 Subchapter V—General Immigration 

11 Provisions 

12 § 10961. Director of Shared Services 

13 (a) IN GENERAL.—There is in the Office of the Deputy Secretary of 

14 Homeland Security a Director of Shared Services. 

15 (b) FUNCTIONS.—The Director of Shared Services is responsible for the 

16 coordination of resources for U.S. Immigration and Customs Enforcement 

17 and U.S. Citizenship and Immigration Services, including— 

18 (1) information resources management, including computer data19 bases and information technology; 

20 (2) records and file management; and 

21 (3) forms management. 

22 § 10962. Separation of funding 

23 (a) IN GENERAL.—There are in the Treasury separate accounts for ap24 propriated funds and other deposits available for U.S. Citizenship and Im25 migration Services and U.S. Immigration and Customs Enforcement. 

26 (b) SEPARATE BUDGETS.—To ensure that U.S. Citizenship and Immigra27 tion Services and U.S. Immigration and Customs Enforcement are funded 

28 to the extent necessary to fully carry out their respective functions, the Di29 rector of the Office of Management and Budget shall separate the budget 

30 requests for each entity. 

31 (c) FEES.—Fees imposed for a particular service, application, or benefit 

32 shall be deposited in the account established under subsection (a) that is 

33 for whichever of U.S. Immigration and Customs Enforcement or U.S. Citi34 zenship and Immigration Services has jurisdiction over the function to 

35 which the fee relates. 

36 (d) FEES NOT TRANSFERABLE.—A fee may not be transferred between 

37 U.S. Citizenship and Immigration Services and U.S. Immigration and Cus38 toms Enforcement for purposes not authorized by section 286 of the Immi39 gration and Nationality Act (8 U.S.C. 1356). 


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1 § 10963. Annual immigration functions report 

2 (a) ANNUAL REPORT.—The Secretary shall submit a report annually to 

3 the President, to the Committees on the Judiciary and Oversight and Gov4 ernment Reform of the House of Representatives, and to the Committees 

5 on the Judiciary and Homeland Security and Governmental Affairs of the 

6 Senate, on the impact the transfers made by Subtitle F of Title IV of the 

7 Homeland Security Act of 2002 (Public Law 107–296, 116 Stat. 2205) has 

8 had on immigration functions. 

9 (b) CONTENT.—The report shall address the following with respect to the 

10 period covered by the report: 

11 (1) The aggregate number of all immigration applications and peti12 tions received, and processed, by the Department. 

13 (2) Region-by-region statistics on the aggregate number of immigra14 tion applications and petitions filed by an alien (or filed on behalf of 

15 an alien) and denied, disaggregated by category of denial and applica16 tion or petition type. 

17 (3) The quantity of backlogged immigration applications and peti18 tions that have been processed, the aggregate number awaiting proc19 essing, and a detailed plan for eliminating the backlog. 

20 (4) The average processing period for immigration applications and 

21 petitions, disaggregated by application or petition type. 

22 (5) The number and types of immigration-related grievances filed 

23 with an official of the Department of Justice, and if those grievances 

24 were resolved. 

25 (6) Plans to address grievances and improve immigration services. 

26 (7) Whether immigration-related fees were used consistent with legal 

27 requirements regarding their use. 

28 (8) Whether immigration-related questions conveyed by customers to 

29 the Department (whether conveyed in person, by telephone, or by 

30 means of the Internet) were answered effectively and efficiently. 

31 Subchapter VI—U.S. Customs and Border 

32 Protection Public-Private Partnerships 

33 § 10971. Definitions 

34 In this subchapter: 

35 (1) DONOR.—The term ‘‘donor’’ means an entity that is proposing 

36 to make a donation under this title (except chapters 113 and 409). 

37 (2) ENTITY.—The term ‘‘entity’’ means— 

38 (A) a person; 

39 (B) a partnership, corporation, trust, estate, cooperative, asso40 ciation, or other organized group of persons; 


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1 (C) the Federal Government or a State or local government (in2 cluding a subdivision, agency, or instrumentality of the Federal 

3 Government or a State or local government); or 

4 (D) another private person or governmental entity. 

5 § 10972. Fee agreements for certain services at ports of 

6 entry 

7 (a) IN GENERAL.—Notwithstanding section 10301(e) of the Consolidated 

8 Omnibus Budget Reconciliation Act of 1985 (19 U.S.C. 58c(e)) and section 

9 451 of the Tariff Act of 1930 (19 U.S.C. 1451), the Commissioner of U.S. 

10 Customs and Border Protection, on the request of any entity, may enter 

11 into a fee agreement with the entity under which— 

12 (1) U. S. Customs and Border Protection shall provide services de13 scribed in subsection (b) at a United States port of entry or any other 

14 facility at which U.S. Customs and Border Protection provides the 

15 services; 

16 (2) the entity shall remit to U.S. Customs and Border Protection a 

17 fee imposed under subsection (h) in an amount equal to the full costs 

18 that are incurred or will be incurred in providing the services; and 

19 (3) if space is provided by the entity, each facility at which U.S. 

20 Customs and Border Protection services are performed shall be main21 tained and equipped by the entity, without cost to the Federal Govern22 ment, in accordance with U.S. Customs and Border Protection speci23 fications. 

24 (b) SERVICES DESCRIBED.—The services referred to in subsection (a) are 

25 activities of an employee or Office of Field Operations contractor of U.S. 

26 Customs and Border Protection (except employees of U.S. Border Patrol, 

27 as established under section 10306(e) of this title) pertaining to, or in sup28 port of, customs, agricultural processing, border security, or immigration in29 spection-related matters at a port of entry or other facility at which U.S. 

30 Customs and Border Protection provides or will provide the services. 

31 (c) MODIFICATION OF PRIOR AGREEMENTS.—The Commissioner of U.S. 

32 Customs and Border Protection, at the request of an entity that has pre33 viously entered into an agreement with U.S. Customs and Border Protection 

34 for the reimbursement of fees in effect on December 16, 2016, may modify 

35 the agreement to implement provisions of this section. 

36 (d) LIMITATIONS.— 

37 (1) IMPACTS OF SERVICES.—The Commissioner of U.S. Customs and 

38 Border Protection— 

39 (A) may enter into fee agreements under this section only for 

40 services that— 


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1 (i) will increase or enhance the operational capacity of U.S. 

2 Customs and Border Protection based on available staffing 

3 and workload; and 

4 (ii) will not shift the cost of services funded in an appro5 priations Act, or provided from an account in the Treasury 

6 derived by the collection of fees, to entities under this title 

7 (except chapters 113 and 409); and 

8 (B) may not enter into a fee agreement under this section if the 

9 agreement would unduly and permanently impact services funded 

10 in an appropriations Act, or provided from an account in the 

11 Treasury, derived by the collection of fees. 

12 (2) NO LIMIT.—There shall be no limit to the number of fee agree13 ments that the Commissioner of U.S. Customs and Border Protection 

14 may enter into under this section. 

15 (e) AIR PORTS OF ENTRY.— 

16 (1) IN GENERAL.—Except as otherwise provided in this subsection, 

17 a fee agreement for U.S. Customs and Border Protection services at 

18 an air port of entry may only provide for the payment of overtime costs 

19 of U.S. Customs and Border Protection officers and salaries and ex20 penses of U.S. Customs and Border Protection employees to support 

21 U.S. Customs and Border Protection officers in performing services de22 scribed in subsection (b). 

23 (2) SMALL AIRPORTS.—Notwithstanding paragraph (1), U.S. Cus24 toms and Border Protection may receive reimbursement in addition to 

25 overtime costs if the fee agreement is for services at an air port of 

26 entry that has fewer than 100,000 arriving international passengers 

27 annually. 

28 (3) COVERED SERVICES.—In addition to costs described in para29 graph (1), a fee agreement for U.S. Customs and Border Protection 

30 services at an air port of entry referred to in paragraph (2) may pro31 vide for the reimbursement of— 

32 (A) salaries and expenses of not more than 5 fulltime equivalent 

33 U.S. Customs and Border Protection officers beyond the number 

34 of officers assigned to the port of entry on the date on which the 

35 fee agreement was signed; 

36 (B) salaries and expenses of employees of U.S. Customs and 

37 Border Protection, other than the officers referred to in subpara38 graph (A), to support U.S. Customs and Border Protection offi39 cers in performing law enforcement functions; and 

40 (C) other costs incurred by U.S. Customs and Border Protec41 tion relating to services described in subparagraph (B), such as 


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1 temporary placement or permanent relocation of employees, in2 cluding incentive pay for relocation, as appropriate. 

3 (f) PORT OF ENTRY SIZE NOT A FACTOR.—The Commissioner of U.S. 

4 Customs and Border Protection shall ensure that each fee agreement pro5 posal is given equal consideration regardless of the size of the port of entry. 

6 (g) DENIED APPLICATION.— 

7 (1) IN GENERAL.—If the Commissioner of U.S. Customs and Border 

8 Protection denies a proposal for a fee agreement under this section, the 

9 Commissioner shall provide the entity submitting the proposal with the 

10 reason for the denial unless— 

11 (A) the reason for the denial is law enforcement sensitive; or 

12 (B) withholding the reason for the denial is in the national secu13 rity interests of the United States. 

14 (2) JUDICIAL REVIEW.—Decisions of the Commissioner of U.S. Cus15 toms and Border Protection under paragraph (1) are in the discretion 

16 of the Commissioner of U.S. Customs and Border Protection and are 

17 not subject to judicial review. 

18 (h) FEE.— 

19 (1) IN GENERAL.—The amount of the fee to be charged under an 

20 agreement authorized under subsection (a) shall be paid by each entity 

21 requesting U.S. Customs and Border Protection services, and shall be 

22 for the full cost of providing the services, including the salaries and ex23 penses of employees and contractors of U.S. Customs and Border Pro24 tection, to provide the services and other costs incurred by U.S. Cus25 toms and Border Protection relating to the services, such as temporary 

26 or permanent relocation of the employees and contractors. 

27 (2) TIMING.—The Commissioner of U.S. Customs and Border Pro28 tection may require that the fee referred to in paragraph (1) be paid 

29 by each entity that has entered into a fee agreement under subsection 

30 (a) with U.S. Customs and Border Protection in advance of the per31 formance of U.S. Customs and Border Protection services. 

32 (3) OVERSIGHT.—The Commissioner of U.S. Customs and Border 

33 Protection shall develop a process to oversee the services for which fees 

34 are charged pursuant to an agreement under subsection (a), includ35 ing— 

36 (A) a determination and report on the full costs of providing the 

37 services, and a process for increasing the fees, as necessary; 

38 (B) the establishment of a periodic remittance schedule to re39 plenish appropriations, accounts, or funds, as necessary; and 

40 (C) the identification of costs paid by the fees. 

41 (i) DEPOSIT OF FUNDS.— 


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1 (1) ACCOUNT.—Funds collected pursuant to an agreement entered 

2 into pursuant to subsection (a)— 

3 (A) shall be deposited as offsetting collections; 

4 (B) shall remain available until expended without fiscal year 

5 limitation; and 

6 (C) shall be credited to the applicable appropriation, account, or 

7 fund for the amount paid out of the appropriation, account, or 

8 fund for any expenses incurred or to be incurred by U.S. Customs 

9 and Border Protection in providing U.S. Customs and Border Pro10 tection services under the agreement and for any other costs in11 curred or to be incurred by U.S. Customs and Border Protection 

12 relating to the services. 

13 (2) RETURN OF UNUSED FUNDS.—The Commissioner of U.S. Cus14 toms and Border Protection shall return any unused funds collected 

15 and deposited in the account described in paragraph (1) if a fee agree16 ment entered into pursuant to subsection (a) is terminated for any rea17 son or the terms of the fee agreement change by mutual agreement to 

18 cause a reduction of U.S. Customs and Border Protection services. No 

19 interest shall be owed on the return of the unused funds. 

20 (j) TERMINATION.— 

21 (1) IN GENERAL.—The Commissioner of U.S. Customs and Border 

22 Protection shall terminate the services provided pursuant to a fee 

23 agreement entered into under subsection (a) with an entity that, after 

24 receiving notice from the Commissioner of U.S. Customs and Border 

25 Protection that a fee under subsection (h) is due, fails to pay the fee 

26 in a timely manner. If the services are terminated, all costs incurred 

27 by U.S. Customs and Border Protection that have not been paid shall 

28 become immediately due and payable. Interest on unpaid fees shall ac29 crue based on the rate and amount established under sections 6221 

30 and 6222 of the Internal Revenue Code of 1986 (26 U.S.C. 6221, 

31 6222). 

32 (2) PENALTY.—An entity that, after notice and demand for payment 

33 of a fee under subsection (h), fails to pay the fee in a timely manner 

34 shall be liable for a penalty or liquidated damage equal to 2 times the 

35 amount of the fee. The amount collected under this paragraph shall be 

36 deposited into the appropriate account specified under subsection (i) 

37 and shall be available as described in subsection (i). 

38 (3) TERMINATION BY THE ENTITY.—An entity that has previously 

39 entered into an agreement with U.S. Customs and Border Protection 

40 for the reimbursement of fees in effect on December 16, 2016, or 

41 under the provisions of this section, may request that the agreement 


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1 be amended to provide for termination on advance notice, length, and 

2 terms that are negotiated between the entity and U.S. Customs and 

3 Border Protection. 

4 (k) ANNUAL REPORT.—The Commissioner of U.S. Customs and Border 

5 Protection shall— 

6 (1) submit an annual report identifying the activities undertaken and 

7 the agreements entered into pursuant to this section to— 

8 (A) the Committee on Appropriations of the Senate; 

9 (B) the Committee on Finance of the Senate; 

10 (C) the Committee on Homeland Security and Governmental Af11 fairs of the Senate; 

12 (D) the Committee on the Judiciary of the Senate; 

13 (E) the Committee on Appropriations of the House of Rep14 resentatives; 

15 (F) the Committee on Homeland Security of the House of Rep16 resentatives; 

17 (G) the Committee on the Judiciary of the House of Represent18 atives; and 

19 (H) the Committee on Ways and Means of the House of Rep20 resentatives; and 

21 (2) not later than 15 days before entering into a fee agreement, no22 tify the members of Congress who represent the State or congressional 

23 district in which the affected port of entry or facility is located of the 

24 agreement. 

25 (l) RULE OF CONSTRUCTION.—Nothing in this section may be construed 

26 as imposing on U.S. Customs and Border Protection any responsibilities, 

27 duties, or authorities relating to real property. 

28 § 10973. Port of entry donation authority 

29 (a) PERSONAL PROPERTY, MONEY, OR NONPERSONAL SERVICES.— 

30 (1) IN GENERAL.—The Commissioner of U.S. Customs and Border 

31 Protection, in consultation with the Administrator of General Services, 

32 may enter into an agreement with an entity to accept a donation of 

33 personal property, money, or nonpersonal services for the uses de34 scribed in paragraph (3) only with respect to the following locations at 

35 which U.S. Customs and Border Protection performs or will be per36 forming inspection services: 

37 (A) A new or existing sea or air port of entry. 

38 (B) An existing Federal Government-owned land port of entry. 

39 (C) A new Federal Government-owned land port of entry if— 

40 (i) the fair market value of the donation is $50,000,000 or 

41 less; and 


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1 (ii) the fair market value, including any personal and real 

2 property donations in total, of the port of entry when com3 plete, is $50,000,000 or less. 

4 (2) LIMITATION ON MONETARY DONATIONS.—A monetary donation 

5 accepted pursuant to this subsection may not be used to pay the sala6 ries of U.S. Customs and Border Protection employees performing in7 spection services. 

8 (3) USES.—Donations accepted pursuant to this subsection may be 

9 used for activities of the Office of Field Operations, set forth in sub10 paragraphs (A) through (F) of section 10306(g)(3) of this title, that 

11 are related to a new or existing sea or air port of entry or a new or 

12 existing Federal Government-owned land port of entry described in 

13 paragraph (1), including expenses relating to— 

14 (A) furniture, fixtures, equipment, or technology, including the 

15 installation or deployment of those items; and 

16 (B) the operation and maintenance of the furniture, fixtures, 

17 equipment, or technology. 

18 (b) REAL PROPERTY OR MONEY.— 

19 (1) IN GENERAL.—Subject to paragraph (3), the Commissioner of 

20 U.S. Customs and Border Protection, and the Administrator of General 

21 Services, as applicable, may enter into an agreement with an entity to 

22 accept a donation of real property or money for uses described in para23 graph (2) only with respect to the following locations at which U.S. 

24 Customs and Border Protection performs or will be performing inspec25 tion services: 

26 (A) A new or existing sea or air port of entry. 

27 (B) An existing Federal Government-owned land port of entry. 

28 (C) A new Federal Government-owned land port of entry if— 

29 (i) the fair market value of the donation is $50,000,000 or 

30 less; and 

31 (ii) the fair market value, including any personal and real 

32 property donations in total, of the port of entry when com33 plete, is $50,000,000 or less. 

34 (2) USES.—Donations accepted pursuant to this subsection may be 

35 used for activities of the Office of Field Operations set forth in section 

36 10306(g) of this title that are related to the construction, alteration, 

37 operation, or maintenance of a new or existing sea or air port of entry 

38 or a new or existing Federal Government-owned land port of entry de39 scribed in paragraph (1), including expenses related to— 

40 (A) land acquisition, design, construction, repair, or alteration; 

41 and 


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1 (B) operation and maintenance of the port of entry facility. 

2 (3) LIMITATION ON REAL PROPERTY DONATIONS.—A donation of 

3 real property under this subsection at an existing land port of entry 

4 owned by the General Services Administration may only be accepted by 

5 the Administrator of General Services. 

6 (4) SUNSET.— 

7 (A) IN GENERAL.—The authority to enter into an agreement 

8 under this subsection shall terminate on December 16, 2020. 

9 (B) RULE OF CONSTRUCTION.—The termination date referred 

10 to in subparagraph (A) shall not apply to carrying out the terms 

11 of an agreement under this subsection if the agreement is entered 

12 into before December 16, 2020. 

13 (c) GENERAL PROVISIONS.— 

14 (1) DURATION.—An agreement entered into under subsection (a) or 

15 (b) (and in the case of subsection (b), in accordance with paragraph 

16 (4) of subsection (b)) may last as long as required to meet the terms 

17 of the agreement. 

18 (2) CRITERIA.—In carrying out an agreement entered into under 

19 subsection (a) or (b), the Commissioner of U.S. Customs and Border 

20 Protection, in consultation with the Administrator of General Services, 

21 shall establish criteria regarding— 

22 (A) the selection and evaluation of donors; 

23 (B) the identification of roles and responsibilities between U.S. 

24 Customs and Border Protection, the General Services Administra25 tion, and donors; 

26 (C) the identification, allocation, and management of explicit 

27 and implicit risks of partnering between the Federal Government 

28 and donors; 

29 (D) decision-making and dispute resolution processes; and 

30 (E) processes for U.S. Customs and Border Protection, and the 

31 General Services Administration, as applicable, to terminate agree32 ments if selected donors are not meeting the terms of the agree33 ment, including the security standards established by U.S. Cus34 toms and Border Protection. 

35 (3) EVALUATION PROCEDURES.— 

36 (A) IN GENERAL.—The Commissioner of U.S. Customs and 

37 Border Protection, in consultation with the Administrator of Gen38 eral Services, as applicable, shall— 

39 (i) establish criteria for evaluating a proposal to enter into 

40 an agreement under subsection (a) or (b); and 

41 (ii) make the criteria publicly available. 


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1 (B) CONSIDERATIONS.—Criteria established pursuant to sub2 paragraph (A) shall consider— 

3 (i) the impact of a proposal referred to in subparagraph 

4 (A) on the land, sea, or air port of entry at issue and other 

5 ports of entry or similar facilities or other infrastructure near 

6 the location of the proposed donation; 

7 (ii) the proposal’s potential to increase trade and travel ef8 ficiency through added capacity; 

9 (iii) the proposal’s potential to enhance the security of the 

10 port of entry at issue; 

11 (iv) the impact of the proposal on reducing wait times at 

12 the port of entry or facility and other ports of entry on the 

13 same border; 

14 (v) for a donation under subsection (b)— 

15 (I) whether the donation satisfies the requirements of 

16 the proposal or whether additional real property would 

17 be required; and 

18 (II) how the donation was acquired, including if emi19 nent domain was used; 

20 (vi) the funding available to complete the intended use of 

21 the donation; 

22 (vii) the costs of maintaining and operating the donation; 

23 (viii) the impact of the proposal on U.S. Customs and Bor24 der Protection staffing requirements; and 

25 (ix) other factors that the Commissioner of U.S. Customs 

26 and Border Protection or the Administrator of General Serv27 ices determines to be relevant. 

28 (C) DETERMINATION AND NOTIFICATION.— 

29 (i) INCOMPLETE PROPOSALS.— 

30 (I) IN GENERAL.—Not later than 60 days after receiv31 ing the proposals for a donation agreement from an enti32 ty, the Commissioner of U.S. Customs and Border Pro33 tection shall notify the entity as to whether the proposal 

34 is complete or incomplete. 

35 (II) RESUBMISSION.—If the Commissioner of U.S. 

36 Customs and Border Protection determines that a pro37 posal is incomplete, the Commissioner shall— 

38 (aa) notify the appropriate entity and provide the 

39 entity with a description of all information or mate40 rial that is needed to complete review of the pro41 posal; and 


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1 (bb) allow the entity to resubmit the proposal 

2 with additional information and material described 

3 in item (aa) to complete the proposal. 

4 (ii) COMPLETE PROPOSAL.—Not later than 180 days after 

5 receiving a completed proposal to enter into an agreement 

6 under subsection (a) or (b), the Commissioner of U.S. Cus7 toms and Border Protection, with the concurrence of the Ad8 ministrator of General Services, as applicable, shall— 

9 (I) determine whether to approve or deny the proposal; 

10 and 

11 (II) notify the entity that submitted the proposal of 

12 the determination. 

13 (4) SUPPLEMENTAL FUNDING.—Except as required under section 

14 3307 of title 40, real property donations to the Administrator of Gen15 eral Services made pursuant to subsection (b) at a GSA-owned land 

16 port of entry may be used in addition to any other funding for the port 

17 of entry, including appropriated funds, property, or services. 

18 (5) RETURN OF DONATIONS.—The Commissioner of U.S. Customs 

19 and Border Protection, or the Administrator of General Services, as 

20 applicable, may return a donation made pursuant to subsection (a) or 

21 (b). No interest shall be owed to the donor with respect to any donation 

22 provided under subsection (a) or (b) that is returned pursuant to this 

23 subsection. 

24 (6) PROHIBITION ON CERTAIN FUNDING.— 

25 (A) IN GENERAL.—Except as provided in subsections (a) and 

26 (b) regarding the acceptance of donations, the Commissioner of 

27 U.S. Customs and Border Protection and the Administrator of 

28 General Services, as applicable, may not, with respect to an agree29 ment entered into under subsection (a) or (b), obligate or expend 

30 amounts in excess of amounts that have been appropriated pursu31 ant to any appropriations Act for purposes specified in subsection 

32 (a) or (b) or otherwise made available for those purposes. 

33 (B) CERTIFICATION REQUIREMENT.—Before accepting any do34 nations pursuant to an agreement under subsection (a) or (b), the 

35 Commissioner of U.S. Customs and Border Protection shall certify 

36 to the congressional committees set forth in paragraph (7) that 

37 the donation will not be used for the construction of a detention 

38 facility or a border fence or wall. 

39 (7) REPORTS BY COMMISSIONER OF U.S. CUSTOMS AND BORDER

40 PROTECTION AND ADMINISTRATOR OF GENERAL SERVICES.—The Com41 missioner of U.S. Customs and Border Protection, in collaboration with 


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1 the Administrator of General Services, as applicable, shall submit an 

2 annual report identifying the activities undertaken and agreements en3 tered into pursuant to subsections (a) and (b) to— 

4 (A) the Committee on Appropriations of the Senate; 

5 (B) the Committee on Environment and Public Works of the 

6 Senate; 

7 (C) the Committee on Finance of the Senate; 

8 (D) the Committee on Homeland Security and Governmental 

9 Affairs of the Senate; 

10 (E) the Committee on the Judiciary of the Senate; 

11 (F) the Committee on Appropriations of the House of Rep12 resentatives; 

13 (G) the Committee on Homeland Security of the House of Rep14 resentatives; 

15 (H) the Committee on the Judiciary of the House of Represent16 atives; 

17 (I) the Committee on Transportation and Infrastructure of the 

18 House of Representatives; and 

19 (J) the Committee on Ways and Means of the House of Rep20 resentatives. 

21 (d) REPORT BY COMPTROLLER GENERAL.—The Comptroller General 

22 shall submit an annual report to the congressional committees referred to 

23 in subsection (c)(7) that evaluates— 

24 (1) fee agreements entered into pursuant to section 10972 of this 

25 title; 

26 (2) donation agreements entered into pursuant to subsections (a) 

27 and (b); and 

28 (3) the fees and donations received by U. S. Customs and Border 

29 Protection pursuant to the agreements. 

30 (e) JUDICIAL REVIEW.—Decisions of the Commissioner of U.S. Customs 

31 and Border Protection and the Administrator of General Services under this 

32 section regarding the acceptance of real or personal property are in the dis33 cretion of the Commissioner of U.S. Customs and Border Protection and 

34 the Administrator of General Services, and are not subject to judicial re35 view. 

36 (f) RULE OF CONSTRUCTION.—Except as otherwise provided in this sec37 tion, nothing in this section may be construed as affecting in any manner 

38 the responsibilities, duties, or authorities of U.S. Customs and Border Pro39 tection or the General Services Administration. 


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1 § 10974. Current and proposed agreements 

2 Nothing in this subchapter or in section 4 of the Cross-Border Trade En3 hancement Act of 2016 (Public Law 114–279, 130 Stat. 1422) may be con4 strued as affecting— 

5 (1) any agreement entered into pursuant to section 560 of title V 

6 of division D of the Consolidated and Further Continuing Appropria7 tions Act, 2013 (Public Law 113–6, 127 Stat. 378) or section 559 of 

8 title V of division F of the Consolidated Appropriations Act, 2014 

9 (Public Law 113–76, 128 Stat. 279) as in existence on December 15, 

10 2016, and the agreement shall continue to have full force and effect 

11 on and after December 15, 2016; or 

12 (2) a proposal accepted for consideration by U.S. Customs and Bor13 der Protection pursuant to section 559 of title V of division F of the 

14 Consolidated Appropriations Act, 2014 (Public Law 113–76, 128 Stat. 

15 279) as in existence on December 15, 2016. 

16 Subchapter VII—Miscellaneous Provisions 

17 § 10981. Coordination of information and information tech18 nology 

19 (a) DEFINITION OF AFFECTED AGENCY.—In this section, the term ‘‘af20 fected agency’’ means— 

21 (1) the Department; 

22 (2) the Department of Agriculture; 

23 (3) the Department of Health and Human Services; and 

24 (4) any other department or agency determined to be appropriate by 

25 the Secretary. 

26 (b) COORDINATION.—The Secretary, in coordination with the Secretary of 

27 Agriculture, the Secretary of Health and Human Services, and the head of 

28 each other department or agency determined to be appropriate by the Sec29 retary, shall ensure that appropriate information (as determined by the Sec30 retary) concerning inspections of articles that are imported or entered into 

31 the United States, and are inspected or regulated by one or more affected 

32 agencies, is timely and efficiently exchanged between the affected agencies. 

33 § 10982. Visa issuance 

34 (a) DEFINITION OF CONSULAR OFFICER.—In this section, the term ‘‘con35 sular officer’’ has the meaning given the term under section 101(a) of the 

36 Immigration and Nationality Act (8 U.S.C. 1101(a)). 

37 (b) IN GENERAL.—Notwithstanding section 104(a) of the Immigration 

38 and Nationality Act (8 U.S.C. 1104(a)) or any other provision of law, and 

39 except as provided in subsection (c) of this section, the Secretary— 

40 (1) shall be vested exclusively with all authorities to issue regulations 

41 with respect to, administer, and enforce the provisions of the Act, and 


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1 of all other immigration and nationality laws, relating to the functions 

2 of consular officers of the United States in connection with the grant3 ing or refusal of visas, and shall have the authority to refuse visas in 

4 accordance with law and to develop programs of homeland security 

5 training for consular officers (in addition to consular training provided 

6 by the Secretary of State), which authorities shall be exercised through 

7 the Secretary of State, except that the Secretary shall not have author8 ity to alter or reverse the decision of a consular officer to refuse a visa 

9 to an alien; and 

10 (2) shall have authority to confer or impose upon an officer or em11 ployee of the United States, with the consent of the head of the execu12 tive agency under whose jurisdiction the officer or employee is serving, 

13 any of the functions specified in paragraph (1). 

14 (c) AUTHORITY OF THE SECRETARY OF STATE.— 

15 (1) IN GENERAL.—Notwithstanding subsection (b), the Secretary of 

16 State may direct a consular officer to refuse a visa to an alien if the 

17 Secretary of State deems the refusal necessary or advisable in the for18 eign policy or security interests of the United States. 

19 (2) CONSTRUCTION REGARDING AUTHORITY.—Nothing in this sec20 tion, consistent with the Secretary of Homeland Security’s authority to 

21 refuse visas in accordance with law, shall be construed as affecting the 

22 authorities of the Secretary of State under the following provisions of 

23 law: 

24 (A) Section 101(a)(15)(A) of the Immigration and Nationality 

25 Act (8 U.S.C. 1101(a)(15)(A)). 

26 (B) Section 204(d)(2) of the Immigration and Nationality Act 

27 (8 U.S.C. 1154(d)(2)) (as it will take effect upon the entry into 

28 force of the Convention on Protection of Children and Cooperation 

29 in Respect to Inter-Country adoption). 

30 (C) Section 212(a)(3)(B)(i)(IV)(bb) of the Immigration and Na31 tionality Act (8 U.S.C. 1182(a)(3)(B)(i)(IV)(bb)). 

32 (D) Section 212(a)(3)(B)(i)(VI) of the Immigration and Nation33 ality Act (8 U.S.C. 1182(a)(3)(B)(i)(VI)). 

34 (E) Section 212(a)(3)(B)(vi)(II) of the Immigration and Na35 tionality Act (8 U.S.C. 1182(a)(3)(B)(vi)(II)). 

36 (F) Section 212(a)(3)(C) of the Immigration and Nationality 

37 Act (8 U.S.C. 1182(a)(3)(C)). 

38 (G) Section 212(a)(10)(C) of the Immigration and Nationality 

39 Act (8 U.S.C. 1182(a)(10)(C)). 

40 (H) Section 212(f) of the Immigration and Nationality Act (8 

41 U.S.C. 1182(f)). 


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1 (I) Section 801 of the Admiral James W. Nance and Meg Dono2 van Foreign Relations Authorization Act, Fiscal Years 2000 and 

3 2001 (8 U.S.C. 1182e). 

4 (J) Section 219(a) of the Immigration and Nationality Act (8 

5 U.S.C. 1189(a)). 

6 (K) Section 237(a)(4)(C) of the Immigration and Nationality 

7 Act (8 U.S.C. 1227(a)(4)(C)). 

8 (L) Section 51 of the State Department Basic Authorities Act 

9 of 1956 (22 U.S.C. 2723). 

10 (M) Section 401 of the Cuban Liberty and Democratic Soli11 darity (LIBERTAD) Act of 1996 (22 U.S.C. 6091). 

12 (N) Section 103(f) of the Chemical Weapons Convention Imple13 mentation Act of 1998 (22 U.S.C. 6713(f)). 

14 (O) Section 616 of the Departments of Commerce, Justice, and 

15 State, the Judiciary, and Related Agencies Appropriations Act, 

16 1999 (section 101(b) of division A of the Omnibus Consolidated 

17 and Emergency Supplemental Appropriations Act, 1999, Public 

18 Law 105–277, 112 Stat. 2681–114). 

19 (P) Section 568 of the Foreign Operations, Export Financing, 

20 and Related Programs Appropriations Act, 2002 (Public Law 

21 107–115, 115 Stat. 2166). 

22 (d) CONSULAR OFFICERS AND CHIEFS OF MISSIONS.— 

23 (1) IN GENERAL.—Nothing in this section may be construed to alter 

24 or affect— 

25 (A) the employment status of consular officers as employees of 

26 the Department of State; or 

27 (B) the authority of a chief of mission under section 207 of the 

28 Foreign Service Act of 1980 (22 U.S.C. 3927). 

29 (2) CONSTRUCTION REGARDING DELEGATION OF AUTHORITY.— 

30 Nothing in this section shall be construed to affect any delegation of 

31 authority to the Secretary of State by the President pursuant to any 

32 proclamation issued under section 212(f) of the Immigration and Na33 tionality Act (8 U.S.C. 1182(f)), consistent with the Secretary of 

34 Homeland Security’s authority to refuse visas in accordance with law. 

35 (e) ASSIGNMENT OF DEPARTMENT EMPLOYEES TO DIPLOMATIC AND

36 CONSULAR POSTS.— 

37 (1) IN GENERAL.—The Secretary may assign employees of the De38 partment to each diplomatic and consular post at which visas are 

39 issued, unless the Secretary determines that an assignment at a par40 ticular post would not promote homeland security. 


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1 (2) FUNCTIONS.—Employees assigned under paragraph (1) shall 

2 perform the following functions: 

3 (A) Provide expert advice and training to consular officers re4 garding specific security threats relating to the adjudication of in5 dividual visa applications or classes of applications. 

6 (B) Review applications, either on the initiative of the employee 

7 of the Department or upon request by a consular officer or other 

8 person charged with adjudicating applications. 

9 (C) Conduct investigations with respect to consular matters 

10 under the jurisdiction of the Secretary 

11 (3) EVALUATION OF CONSULAR OFFICERS.—The Secretary of State 

12 shall evaluate, in consultation with the Secretary, as considered appro13 priate by the Secretary, the performance of consular officers with re14 spect to the processing and adjudication of applications for visas in ac15 cordance with performance standards developed by the Secretary for 

16 these procedures. 

17 (4) REPORT.—The Secretary shall, on an annual basis, submit a re18 port to Congress that describes the basis for each determination under 

19 paragraph (1) that the assignment of an employee of the Department 

20 at a particular diplomatic post would not promote homeland security. 

21 (5) PERMANENT ASSIGNMENT; PARTICIPATION IN TERRORIST LOOK22 OUT COMMITTEE.—When appropriate, employees of the Department as23 signed to perform functions described in paragraph (2) may be as24 signed permanently to overseas diplomatic or consular posts with coun25 try-specific or regional responsibility. If the Secretary so directs, an 

26 employee, when present at an overseas post, shall participate in the ter27 rorist lookout committee established under section 304 of the Enhanced 

28 Border Security and Visa Entry Reform Act of 2002 (8 U.S.C. 1733). 

29 (6) TRAINING AND HIRING.— 

30 (A) IN GENERAL.—The Secretary shall ensure, to the extent 

31 possible, that employees of the Department assigned to perform 

32 functions under paragraph (2) and, as appropriate, consular offi33 cers, shall be provided the necessary training to enable them to 

34 carry out the functions, including training in foreign languages, 

35 interview techniques, and fraud detection techniques, in conditions 

36 in the particular country where each employee is assigned, and in 

37 other appropriate areas of study. 

38 (B) USE OF CENTER.—The Secretary may use the George P. 

39 Shultz National Foreign Affairs Training Center, on a reimburs40 able basis, to obtain the training described in subparagraph (A). 


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1 (f) NO CREATION OF PRIVATE RIGHT OF ACTION.—Nothing in this sec2 tion shall be construed to create or authorize a private right of action to 

3 challenge a decision of a consular officer or other United States official or 

4 employee to grant or deny a visa. 

5 (g) VISA ISSUANCE PROGRAM FOR SAUDI ARABIA.—On-site personnel of 

6 the Department shall review all visa applications for Saudi Arabia prior to 

7 adjudication. 

8 § 10983. Information on visa denials required to be entered 

9 into electronic data system 

10 (a) IN GENERAL.—Whenever a consular officer of the United States de11 nies a visa to an applicant, the consular officer shall enter the fact and the 

12 basis of the denial and the name of the applicant into the interoperable elec13 tronic data system implemented under section 202(a) of the Enhanced Bor14 der Security and Visa Entry Reform Act of 2002 (8 U.S.C. 1722(a)). 

15 (b) PROHIBITION.—In the case of an alien with respect to whom a visa 

16 has been denied under subsection (a)— 

17 (1) no subsequent visa may be issued to the alien unless the consular 

18 officer considering the alien’s visa application has reviewed the infor19 mation concerning the alien placed in the interoperable electronic data 

20 system, has indicated on the alien’s application that the information 

21 has been reviewed, and has stated for the record why the visa is being 

22 issued or a waiver of visa ineligibility recommended in spite of that in23 formation; and 

24 (2) the alien may not be admitted to the United States without a 

25 visa issued in accordance with the procedures described in paragraph 

26 (1). 

27 § 10984. Purpose and responsibilities of Office of Cargo Se28 curity Policy 

29 (a) PURPOSES.—The Office of Cargo Security Policy— 

30 (1) coordinates all Department policies relating to cargo security; 

31 and 

32 (2) consults with stakeholders and coordinates with other Federal 

33 agencies in the establishment of standards and regulations and the pro34 motion of best practices. 

35 (b) RESPONSIBILITIES OF DIRECTOR.—The Director of the Office of 

36 Cargo Security Policy— 

37 (1) advises the Assistant Secretary for Policy in the development of 

38 Department-wide policies regarding cargo security; 

39 (2) coordinates all policies relating to cargo security among the agen40 cies and offices within the Department relating to cargo security; and 


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1 (3) coordinates the cargo security policies of the Department with 

2 the policies of other executive agencies. 

3 (c) RELATIONSHIP WITH COAST GUARD.—Nothing in this section shall be 

4 construed to affect— 

5 (1) the authorities, functions, or capabilities of the Coast Guard to 

6 perform its missions; or 

7 (2) the requirement under section 10312 of this title that those au8 thorities, functions, and capabilities be maintained intact. 

9 § 10985. Purpose, composition, and operation of Border En10 forcement Security Task Force 

11 (a) PURPOSE.—The purpose of the Border Enforcement Security Task 

12 Force (in this section referred to as ‘‘BEST’’) is to establish units to en13 hance border security by addressing and reducing border security threats 

14 and violence by— 

15 (1) facilitating collaboration among Federal, State, local, tribal, and 

16 foreign law enforcement agencies to execute coordinated activities in 

17 furtherance of border security, and homeland security; and 

18 (2) enhancing information sharing, including the dissemination of 

19 homeland security information among these agencies. 

20 (b) COMPOSITION AND ESTABLISHMENT OF UNITS.— 

21 (1) COMPOSITION.—BEST units may be comprised of personnel 

22 from— 

23 (A) U.S. Immigration and Customs Enforcement; 

24 (B) U.S. Customs and Border Protection; 

25 (C) the Coast Guard; 

26 (D) other Department personnel, as appropriate; 

27 (E) other Federal agencies, as appropriate; 

28 (F) appropriate State law enforcement agencies; 

29 (G) foreign law enforcement agencies, as appropriate; 

30 (H) local law enforcement agencies from affected border cities 

31 and communities; and 

32 (I) appropriate tribal law enforcement agencies. 

33 (2) ESTABLISHMENT.—The Secretary may establish BEST units in 

34 jurisdictions in which the units can contribute to BEST missions, as 

35 appropriate. Before establishing a BEST unit, the Secretary shall con36 sider— 

37 (A) whether the area in which the BEST unit would be estab38 lished is significantly impacted by cross-border threats; 

39 (B) the availability of Federal, State, local, tribal, and foreign 

40 law enforcement resources to participate in the BEST unit; 


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1 (C) the extent to which border security threats are having a sig2 nificant harmful impact in the jurisdiction in which the BEST 

3 unit is to be established, and other jurisdictions in the country; 

4 and 

5 (D) whether or not an Integrated Border Enforcement Team al6 ready exists in the area in which the BEST unit would be estab7 lished. 

8 (3) DUPLICATION OF EFFORTS.—In determining whether to establish 

9 a new BEST unit or to expand an existing BEST unit in a given juris10 diction, the Secretary shall ensure that the BEST unit under consider11 ation does not duplicate the efforts of other existing interagency task 

12 forces or centers within that jurisdiction. 

13 (c) OPERATION.—After determining the jurisdictions in which to establish 

14 BEST units under subsection (b)(2), and in order to provide Federal assist15 ance to the jurisdictions, the Secretary may— 

16 (1) direct the assignment of Federal personnel to BEST, subject to 

17 the approval of the head of the department or agency that employs 

18 such personnel; and 

19 (2) take other actions to assist Federal, State, local, and tribal enti20 ties to participate in BEST, including providing financial assistance, as 

21 appropriate, for operational, administrative, and technological costs as22 sociated with the participation of Federal, State, local, and tribal law 

23 enforcement agencies in BEST 

24 (d) REPORT.—Not later than June 6, 2017, and 2018, the Secretary 

25 shall submit a report to Congress that describes the effectiveness of BEST 

26 in enhancing border security and reducing the drug trafficking, arms smug27 gling, illegal alien trafficking and smuggling, violence, and kidnapping along 

28 and across the international borders of the United States, as measured by 

29 crime statistics, including violent deaths, incidents of violence, and drug-re30 lated arrests. 

31 § 10986. Cyber Crimes Center 

32 (a) IN GENERAL.— 

33 (1) ESTABLISHMENT.—The Secretary shall operate, in U.S. Immi34 gration and Customs Enforcement, a Cyber Crimes Center (referred to 

35 in this section as the ‘‘Center’’). 

36 (2) PURPOSE.—The purpose of the Center is to provide investigative 

37 assistance, training, and equipment to support U.S. Immigration and 

38 Customs Enforcement’s domestic and international investigations of 

39 cyber-related crimes. 

40 (b) CHILD EXPLOITATION INVESTIGATIONS UNIT


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1 (1) IN GENERAL.—The Secretary shall operate, in the Center, a 

2 Child Exploitation Investigations Unit (referred to in this subsection as 

3 the ‘‘CEIU’’). 

4 (2) FUNCTIONS.—The CEIU— 

5 (A) shall coordinate all U.S. Immigration and Customs Enforce6 ment child exploitation initiatives, including investigations into— 

7 (i) child exploitation; 

8 (ii) child pornography; 

9 (iii) child victim identification; 

10 (iv) traveling child sex offenders; and 

11 (v) forced child labor, including the sexual exploitation of 

12 minors; 

13 (B) shall, among other things, focus on— 

14 (i) child exploitation prevention; 

15 (ii) investigative capacity building; 

16 (iii) enforcement operations; and 

17 (iv) training for Federal, State, local, tribal, and foreign 

18 law enforcement agency personnel, on request; 

19 (C) shall provide training, technical expertise, support, or co20 ordination of child exploitation investigations, as needed, to co21 operating law enforcement agencies and personnel; 

22 (D) shall provide psychological support and counseling services 

23 for U.S. Immigration and Customs Enforcement personnel en24 gaged in child exploitation prevention initiatives, including making 

25 available other existing services to assist employees who are ex26 posed to child exploitation material during investigations; 

27 (E) may collaborate with the Department of Defense and the 

28 National Association to Protect Children for the purpose of the re29 cruiting, training, equipping and hiring of wounded, ill, and in30 jured veterans and transitioning service members, through the 

31 Human Exploitation Rescue Operative (HERO) Child Rescue 

32 Corps program; and 

33 (F) shall collaborate with other governmental, nongovernmental, 

34 and nonprofit entities approved by the Secretary for the sponsor35 ship of, and participation in, outreach and training activities. 

36 (3) DATA COLLECTION.—The CEIU shall collect and maintain data 

37 concerning— 

38 (A) the total number of suspects identified by U.S. Immigration 

39 and Customs Enforcement; 

40 (B) the number of arrests by U.S. Immigration and Customs 

41 Enforcement, disaggregated by type, including— 


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1 (i) the number of victims identified through investigations 

2 carried out by U.S. Immigration and Customs Enforcement; 

3 and 

4 (ii) the number of suspects arrested who were in positions 

5 of trust or authority over children; 

6 (C) the number of cases opened for investigation by U.S. Immi7 gration and Customs Enforcement; and 

8 (D) the number of cases resulting in a Federal, State, foreign, 

9 or military prosecution. 

10 (4) AVAILABILITY OF DATA TO CONGRESS.—In addition to submit11 ting the reports required under paragraph (7), the CEIU shall make 

12 the data collected and maintained under paragraph (3) available to the 

13 committees of Congress described in paragraph (7). 

14 (5) COOPERATIVE AGREEMENTS.—The CEIU may enter into cooper15 ative agreements to accomplish the functions set forth in paragraphs 

16 (2) and (3). 

17 (6) ACCEPTANCE OF GIFTS.— 

18 (A) IN GENERAL.—The Secretary may accept money and in19 kind donations from the Virtual Global Taskforce, national labora20 tories, Federal agencies, not-for-profit organizations, and edu21 cational institutions to create and expand public awareness cam22 paigns in support of the functions of the CEIU. 

23 (B) EXEMPTION FROM FEDERAL ACQUISITION REGULATION.— 

24 Gifts authorized under subparagraph (A) are not subject to the 

25 Federal Acquisition Regulation for competition when the services 

26 provided by the entities referred to in subparagraph (A) are do27 nated or of minimal cost to the Department. 

28 (7) REPORTS.—Not later than May 29, 2017, 2018, 2019, and 

29 2020, the CEIU shall— 

30 (A) submit a report containing a summary of the data collected 

31 pursuant to paragraph (3) during the previous year to— 

32 (i) the Committee on Homeland Security and Govern33 mental Affairs of the Senate; 

34 (ii) the Committee on the Judiciary of the Senate; 

35 (iii) the Committee on Appropriations of the Senate; 

36 (iv) the Committee on Homeland Security of the House of 

37 Representatives; 

38 (v) the Committee on the Judiciary of the House of Rep39 resentatives; and 

40 (vi) the Committee on Appropriations of the House of Rep41 resentatives; and 


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1 (B) make a copy of each report submitted under subparagraph 

2 (A) publicly available on the website of the Department. 

3 (c) COMPUTER FORENSICS UNIT.— 

4 (1) IN GENERAL.—The Secretary shall operate, in the Center, a 

5 Computer Forensics Unit (referred to in this subsection as the 

6 ‘‘CFU’’). 

7 (2) FUNCTIONS.—The CFU— 

8 (A) shall provide training and technical support in digital 

9 forensics to— 

10 (i) U.S. Immigration and Customs Enforcement personnel; 

11 and 

12 (ii) Federal, State, local, tribal, military, and foreign law 

13 enforcement agency personnel engaged in the investigation of 

14 crimes within their respective jurisdictions, on request and 

15 subject to the availability of funds; 

16 (B) shall provide computer hardware, software, and forensic li17 censes for all computer forensics personnel in U.S. Immigration 

18 and Customs Enforcement; 

19 (C) shall participate in research and development in the area of 

20 digital forensics, in coordination with appropriate components of 

21 the Department; and 

22 (D) may collaborate with the Department of Defense and the 

23 National Association to Protect Children for the purpose of re24 cruiting, training, equipping, and hiring wounded, ill, and injured 

25 veterans and transitioning service members, through the Human 

26 Exploitation Rescue Operative (HERO) Child Rescue Corps pro27 gram. 

28 (3) COOPERATIVE AGREEMENTS.—The CFU may enter into coopera29 tive agreements to accomplish the functions set forth in paragraph (2). 

30 (4) ACCEPTANCE OF GIFTS.— 

31 (A) IN GENERAL.—The Secretary may accept money and in32 kind donations from the Virtual Global Task Force, national lab33 oratories, Federal agencies, not-for-profit organizations, and edu34 cational institutions to create and expand public awareness cam35 paigns in support of the functions of the CFU. 

36 (B) EXEMPTION FROM FEDERAL ACQUISITION REGULATION.— 

37 Gifts authorized under subparagraph (A) are not subject to the 

38 Federal Acquisition Regulation for competition when the services 

39 provided by the entities referred to in subparagraph (A) are do40 nated or of minimal cost to the Department. 

41 (d) CYBER CRIMES UNIT.— 


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1 (1) IN GENERAL.—The Secretary shall operate, in the Center, a 

2 Cyber Crimes Unit (referred to in this subsection as the ‘‘CCU’’). 

3 (2) FUNCTIONS.—The CCU— 

4 (A) shall oversee the cyber security strategy and cyber-related 

5 operations and programs for U.S. Immigration and Customs En6 forcement; 

7 (B) shall enhance U.S. Immigration and Customs Enforce8 ment’s ability to combat criminal enterprises operating on or 

9 through the Internet, with specific focus in the areas of— 

10 (i) cyber economic crime; 

11 (ii) digital theft of intellectual property; 

12 (iii) illicit e-commerce (including hidden marketplaces); 

13 (iv) Internet-facilitated proliferation of arms and strategic 

14 technology; and 

15 (v) cyber-enabled smuggling and money laundering; 

16 (C) shall provide training and technical support in cyber inves17 tigations to— 

18 (i) U.S. Immigration and Customs Enforcement personnel; 

19 and 

20 (ii) Federal, State, local, tribal, military, and foreign law 

21 enforcement agency personnel engaged in the investigation of 

22 crimes within their respective jurisdictions, on request and 

23 subject to the availability of funds; 

24 (D) shall participate in research and development in the area 

25 of cyber investigations, in coordination with appropriate compo26 nents of the Department; and 

27 (E) may recruit participants of the Human Exploitation Rescue 

28 Operative (HERO) Child Rescue Corps program for investigative 

29 and forensic positions in support of the functions of the CCU. 

30 (3) COOPERATIVE AGREEMENTS.—The CCU may enter into coopera31 tive agreements to accomplish the functions set forth in paragraph (2). 

32 (e) AUTHORIZATION OF APPROPRIATIONS.—There are authorized to be 

33 appropriated to the Secretary such sums as are necessary to carry out this 

34 section. 

35 Chapter 111—National Emergency 

36 Management 

Sec. 

11101. Definitions. 

11102. Federal Emergency Management Agency. 

11103. Authority and responsibilities. 

11104. Preparedness programs. 

11105. Functions transferred. 

11106. Preserving the Federal Emergency Management Agency. 

11107. Regional Offices. 


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11108. National Advisory Council. 

11109. National Integration Center. 

11110. Credentialing and typing. 

11111. National Infrastructure Simulation and Analysis Center. 

11112. Evacuation plans and exercises. 

11113. Disability Coordinator. 

11114. National Operations Center. 

11115. Responsibilities of Chief Medical Officer. 

11116. Nuclear incident response. 

11117. Conduct of certain public health-related activities. 

11118. Use of national private-sector networks in emergency response. 

11119. Model standards and guidelines for critical infrastructure workers. 

11120. Guidance and recommendations. 

11121. Voluntary private-sector preparedness accreditation and certification program. 

11122. Acceptance of gifts. 

11123. Integrated public alert and warning system modernization. 

11124. National planning and education. 

1 § 11101. Definitions 

2 In this chapter: 

3 (1) ADMINISTRATOR.—the term ‘‘Administrator’’ means the Admin4 istrator of the Agency. 

5 (2) AGENCY.—The term ‘‘Agency’’ means the Federal Emergency 

6 Management Agency. 

7 (3) CATASTROPHIC INCIDENT.—The term ‘‘catastrophic incident’’ 

8 means a natural disaster, act of terrorism, or other man-made disaster 

9 that results in extraordinary levels of casualties or damage or disrup10 tion severely affecting the population (including mass evacuations), in11 frastructure, environment, economy, national morale, or government 

12 functions in an area. 

13 (4) CREDENTIALED; CREDENTIALING.—The terms ‘‘credentialed’’ 

14 and ‘‘credentialing’’ mean having provided, or providing, respectively, 

15 documentation that identifies personnel and authenticates and verifies 

16 the qualifications of the personnel by ensuring that the personnel pos17 sess a minimum common level of training, experience, physical and 

18 medical fitness, and capability appropriate for a particular position in 

19 accordance with standards created under section 11110 of this title. 

20 (5) FEDERAL COORDINATING OFFICER.—The term ‘‘Federal coordi21 nating officer’’ means a Federal coordinating officer as described in 

22 section 302 of the Robert T. Stafford Disaster Relief and Emergency 

23 Assistance Act (42 U.S.C. 5143). 

24 (6) INTEROPERABLE COMMUNICATIONS.—The term ‘‘interoperable 

25 communications’’ has the meaning given that term in section 10712(a) 

26 of this title. 

27 (7) NATIONAL INCIDENT MANAGEMENT SYSTEM.—The term ‘‘Na28 tional Incident Management System’’ means a system to enable effec29 tive, efficient, and collaborative incident management. 


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1 (8) NATIONAL RESPONSE PLAN.—The term ‘‘National Response 

2 Plan’’ means the National Response Plan or a successor plan prepared 

3 under section 11103(a)(6) of this title. 

4 (9) NUCLEAR INCIDENT RESPONSE TEAM.—The term ‘‘Nuclear Inci5 dent Response Team’’ means a resource that includes— 

6 (A) those entities of the Department of Energy that perform 

7 nuclear or radiological emergency support functions (including ac8 cident response, search response, advisory, and technical oper9 ations functions), radiation exposure functions at the medical as10 sistance facility known as the Radiation Emergency Assistance 

11 Center/Training Site (REAC/TS), radiological assistance func12 tions, and related functions; and 

13 (B) those entities of the Environmental Protection Agency that 

14 perform such support functions (including radiological emergency 

15 response functions) and related functions. 

16 (10) REGIONAL ADMINISTRATOR.—The term ‘‘Regional Adminis17 trator’’ means Regional Administrator appointed under section 11107 

18 of this title. 

19 (11) REGIONAL OFFICE.—The term ‘‘Regional Office’’ means a Re20 gional Office established under section 11107 of this title. 

21 (12) RESOURCES.—The term ‘‘resources’’ means personnel and 

22 major items of equipment, supplies, and facilities available or poten23 tially available for responding to a natural disaster, act of terrorism, 

24 or other man-made disaster. 

25 (13) SURGE CAPACITY.—The term ‘‘surge capacity’’ means the abil26 ity to rapidly and substantially increase the provision of search and res27 cue capabilities, food, water, medicine, shelter and housing, medical 

28 care, evacuation capacity, staffing (including disaster assistance em29 ployees), and other resources necessary to save lives and protect prop30 erty during a catastrophic incident. 

31 (14) TRIBAL GOVERNMENT.—The term ‘‘tribal government’’ means 

32 the government of an entity described in section 10101 of this title. 

33 (15) TYPED; TYPING.—The terms ‘‘typed’’ and ‘‘typing’’ mean hav34 ing evaluated, or evaluating, respectively, a resource in accordance with 

35 standards created under section 11110 of this title. 

36 § 11102. Federal Emergency Management Agency 

37 (a) MISSION.— 

38 (1) PRIMARY MISSION.—The primary mission of the Agency is to re39 duce the loss of life and property and protect the Nation from all haz40 ards, including natural disasters, acts of terrorism, and other man41 made disasters, by leading and supporting the Nation in a risk-based, 


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1 comprehensive emergency management system of preparedness, protec2 tion, response, recovery, and mitigation. 

3 (2) SPECIFIC ACTIVITIES.—In support of the primary mission of the 

4 Agency, the Administrator shall— 

5 (A) lead the Nation’s efforts to prepare for, protect against, re6 spond to, recover from, and mitigate against the risk of natural 

7 disasters, acts of terrorism, and other man-made disasters, includ8 ing catastrophic incidents; 

9 (B) partner with State, local, and tribal governments and emer10 gency response providers, with other Federal agencies, with the 

11 private sector, and with nongovernmental organizations to build a 

12 national system of emergency management that can effectively and 

13 efficiently utilize the full measure of the Nation’s resources to re14 spond to natural disasters, acts of terrorism, and other man-made 

15 disasters, including catastrophic incidents; 

16 (C) develop a Federal response capability that, when necessary 

17 and appropriate, can act effectively and rapidly to deliver assist18 ance essential to saving lives or protecting or preserving property 

19 or public health and safety in a natural disaster, act of terrorism, 

20 or other man-made disaster; 

21 (D) integrate the Agency’s emergency preparedness, protection, 

22 response, recovery, and mitigation responsibilities to confront ef23 fectively the challenges of a natural disaster, act of terrorism, or 

24 other man-made disaster; 

25 (E) develop and maintain robust Regional Offices that will work 

26 with State, local, and tribal governments, emergency response pro27 viders, and other appropriate entities to identify and address re28 gional priorities; 

29 (F) under the leadership of the Secretary, coordinate with the 

30 Commandant of the Coast Guard, the Commissioner of U.S. Cus31 toms and Border Protection, the Director of Immigration and 

32 Customs Enforcement, the National Operations Center, and other 

33 agencies and offices in the Department to take full advantage of 

34 the substantial range of resources in the Department; 

35 (G) provide funding, training, exercises, technical assistance, 

36 planning, and other assistance to build tribal, local, State, re37 gional, and national capabilities (including communications capa38 bilities), necessary to respond to a natural disaster, act of ter39 rorism, or other man-made disaster; and 

40 (H) develop and coordinate the implementation of a risk-based, 

41 all-hazards strategy for preparedness that builds those common 


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1 capabilities necessary to respond to natural disasters, acts of ter2 rorism, and other man-made disasters while also building the 

3 unique capabilities necessary to respond to specific types of inci4 dents that pose the greatest risk to our Nation. 

5 (b) ADMINISTRATOR.— 

6 (1) REPORTING.—The Administrator shall report to the Secretary, 

7 without being required to report through another official of the Depart8 ment. 

9 (2) PRINCIPAL ADVISOR ON EMERGENCY MANAGEMENT.— 

10 (A) IN GENERAL.—The Administrator is the principal advisor to 

11 the President, the Homeland Security Council, and the Secretary 

12 for all matters relating to emergency management in the United 

13 States. 

14 (B) ADVICE AND RECOMMENDATIONS.— 

15 (i) RANGE OF OPTIONS.—In presenting advice with respect 

16 to a matter to the President, the Homeland Security Council, 

17 or the Secretary, the Administrator shall, as the Adminis18 trator considers appropriate, inform the President, the Home19 land Security Council, or the Secretary, as the case may be, 

20 of the range of emergency preparedness, protection, response, 

21 recovery, and mitigation options with respect to that matter. 

22 (ii) ADVICE ON A PARTICULAR MATTER.—The Adminis23 trator, as the principal advisor on emergency management, 

24 shall provide advice to the President, the Homeland Security 

25 Council, or the Secretary on a particular matter when the 

26 President, the Homeland Security Council, or the Secretary 

27 requests advice. 

28 (iii) RECOMMENDATIONS.—After informing the Secretary, 

29 the Administrator may make recommendations to Congress 

30 relating to emergency management the Administrator con31 siders appropriate. 

32 (3) CABINET STATUS.— 

33 (A) IN GENERAL.—The President may designate the Adminis34 trator to serve as a member of the Cabinet in the event of natural 

35 disasters, acts of terrorism, or other man-made disasters. 

36 (B) RETENTION OF AUTHORITY.—Nothing in this paragraph 

37 shall be construed as affecting the authority of the Secretary 

38 under this subtitle. 

39 § 11103. Authority and responsibilities 

40 (a) IN GENERAL.—The Administrator shall provide Federal leadership 

41 necessary to prepare for, protect against, respond to, recover from, or mitiVerDate Sep 11 2014 18:05 Jun 12, 2018 Jkt 079200 PO 00000 Frm 00289 Fmt 6652 Sfmt 6221 E:\BILLS\H6063.IH H6063

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1 gate against a natural disaster, act of terrorism, or other man-made dis2 aster, including— 

3 (1) helping to ensure the effectiveness of emergency response pro4 viders to terrorist attacks, major disasters, and other emergencies; 

5 (2) with respect to the Nuclear Incident Response Team (regardless 

6 of whether it is operating as an organizational unit of the Department 

7 pursuant to this chapter)— 

8 (A) establishing standards and certifying when those standards 

9 have been met; 

10 (B) conducting joint and other exercises, and training and eval11 uating performance; and 

12 (C) providing funds to the Department of Energy and the Envi13 ronmental Protection Agency, as appropriate, for homeland secu14 rity planning, exercises and training, and equipment; 

15 (3) providing the Federal Government’s response to terrorist attacks 

16 and major disasters, including— 

17 (A) managing the response; 

18 (B) directing the Domestic Emergency Support Team and 

19 (when operating as an organizational unit of the Department pur20 suant to this chapter) the Nuclear Incident Response Team; 

21 (C) overseeing the Metropolitan Medical Response System; and 

22 (D) coordinating other Federal response resources, including re23 quiring deployment of the Strategic National Stockpile, in the 

24 event of a terrorist attack or major disaster; 

25 (4) aiding the recovery from terrorist attacks and major disasters; 

26 (5) building a comprehensive national incident management system 

27 with Federal, State, and local government personnel, agencies, and au28 thorities, to respond to attacks and disasters; 

29 (6) consolidating existing Federal Government emergency response 

30 plans into a single, coordinated national response plan; 

31 (7) helping ensure the acquisition of operable and interoperable com32 munications capabilities by Federal, State, local, and tribal govern33 ments and emergency response providers; 

34 (8) assisting the President in carrying out the functions under the 

35 Robert T. Stafford Disaster Relief and Emergency Assistance Act (42 

36 U.S.C. 5121 et seq.) and carrying out all functions and authorities 

37 given to the Administrator under that Act; 

38 (9) carrying out the mission of the Agency to reduce the loss of life 

39 and property and protect the Nation from all hazards by leading and 

40 supporting the Nation in a risk-based, comprehensive emergency man41 agement system of— 


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1 (A) mitigation, by taking sustained actions to reduce or elimi2 nate long-term risks to people and property from hazards and 

3 their effects; 

4 (B) preparedness, by planning, training, and building the emer5 gency management profession to prepare effectively for, mitigate 

6 against, respond to, and recover from a hazard; 

7 (C) response, by conducting emergency operations to save lives 

8 and property through positioning emergency equipment, personnel, 

9 and supplies, through evacuating potential victims, through pro10 viding food, water, shelter, and medical care to those in need, and 

11 through restoring critical public services; and 

12 (D) recovery, by rebuilding communities so individuals, busi13 nesses, and governments can function on their own, return to nor14 mal life, and protect against future hazards; 

15 (10) increasing efficiencies, by coordinating efforts relating to pre16 paredness, protection, response, recovery, and mitigation; 

17 (11) helping to ensure the effectiveness of emergency response pro18 viders in responding to a natural disaster, act of terrorism, or other 

19 man-made disaster; 

20 (12) supervising grant programs administered by the Agency; 

21 (13) administering and ensuring the implementation of the National 

22 Response Plan, including coordinating and ensuring the readiness of 

23 each emergency support function under the National Response Plan; 

24 (14) coordinating with the National Advisory Council established 

25 under section 11108 of this title; 

26 (15) preparing and implementing the plans and programs of the 

27 Federal Government for— 

28 (A) continuity of operations; 

29 (B) continuity of government; and 

30 (C) continuity of plans; 

31 (16) minimizing, to the extent practicable, overlapping planning and 

32 reporting requirements applicable to State, local, and tribal govern33 ments and the private sector; 

34 (17) maintaining and operating within the Agency the National Re35 sponse Coordination Center or its successor; 

36 (18) developing a national emergency management system that is ca37 pable of preparing for, protecting against, responding to, recovering 

38 from, and mitigating against catastrophic incidents; 

39 (19) assisting the President in carrying out the functions under the 

40 national preparedness goal and the national preparedness system and 


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1 carrying out all functions and authorities of the Administrator under 

2 the national preparedness system; 

3 (20) carrying out all authorities of the Federal Emergency Manage4 ment Agency and the Directorate of Preparedness of the Department 

5 as transferred under section 11105 of this title; and 

6 (21) otherwise carrying out the mission of the Agency as described 

7 in section 11102(a) of this title. 

8 (b) ALL-HAZARDS APPROACH.—In carrying out the responsibilities under 

9 this section, the Administrator shall coordinate the implementation of a 

10 risk-based, all-hazards strategy that builds those common capabilities nec11 essary to prepare for, protect against, respond to, recover from, or mitigate 

12 against natural disasters, acts of terrorism, and other man-made disasters, 

13 while also building the unique capabilities necessary to prepare for, protect 

14 against, respond to, recover from, or mitigate against the risks of specific 

15 types of incidents that pose the greatest risk to the Nation. 

16 § 11104. Preparedness programs 

17 The Administrator is responsible for the radiological emergency prepared18 ness program and the chemical stockpile emergency preparedness program. 

19 § 11105. Functions transferred 

20 (a) IN GENERAL.—Except as provided in subsection (b), there are trans21 ferred to the Agency the following: 

22 (1) All functions of the Agency, including existing responsibilities for 

23 emergency alert systems and continuity of operations and continuity of 

24 government plans and programs as constituted on June 1, 2006, in25 cluding all of its personnel, assets, components, authorities, grant pro26 grams, and liabilities, and including the functions of the former Under 

27 Secretary for Federal Emergency Management relating to the Agency. 

28 (2) The former Directorate of Preparedness, as constituted on June 

29 1, 2006, including all of its functions, personnel, assets, components, 

30 authorities, grant programs, and liabilities, and including the functions 

31 of the Under Secretary for Preparedness relating to the Directorate. 

32 (b) EXCEPTIONS.—The following in the former Directorate of Prepared33 ness shall not be transferred: 

34 (1) The Office of Infrastructure Protection. 

35 (2) The National Communications System. 

36 (3) The National Cybersecurity Division. 

37 (4) The Office of the Chief Medical Officer. 

38 (5) The functions, personnel, assets, components, authorities, and li39 abilities of each component described under paragraphs (1) through 

40 (4). 


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1 § 11106. Preserving the Federal Emergency Management 

2 Agency 

3 (a) REORGANIZATION.—Section 10331(b) of this title shall not apply to 

4 the Agency, including any function or organizational unit of the Agency. 

5 (b) PROHIBITION ON CHANGES TO MISSIONS.— 

6 (1) IN GENERAL.—The Secretary may not substantially or signifi7 cantly reduce, including through a Joint Task Force established under 

8 section 11508 of this title, the authorities, responsibilities, or functions 

9 of the Agency or the capability of the Agency to perform those mis10 sions, authorities, and responsibilities, except as otherwise specifically 

11 provided in an Act enacted after October 4, 2006. 

12 (2) CERTAIN TRANSFERS PROHIBITED.—No asset, function, or mis13 sion of the Agency may be diverted to the principal and continuing use 

14 of another organization, unit, or entity of the Department, including 

15 a Joint Task Force established under section 11508 of this title, except 

16 for details or assignments that do not reduce the capability of the 

17 Agency to perform its missions. 

18 (c) REPROGRAMMING AND TRANSFER OF FUNDS.—In reprogramming or 

19 transferring funds, the Secretary shall comply with applicable provisions of 

20 any Act making appropriations for the Department for any fiscal year relat21 ing to the reprogramming or transfer of funds. 

22 § 11107. Regional Offices 

23 (a) IN GENERAL.—There are in the Agency 10 regional offices, as identi24 fied by the Administrator. 

25 (b) MANAGEMENT OF REGIONAL OFFICES.— 

26 (1) REGIONAL ADMINISTRATOR.—Each Regional Office shall be 

27 headed by a Regional Administrator, who shall be appointed by the Ad28 ministrator, after consulting with State, local, and tribal government 

29 officials in the region. Each Regional Administrator shall report di30 rectly to the Administrator and be in the Senior Executive Service. 

31 (2) QUALIFICATIONS.— 

32 (A) IN GENERAL.—Each Regional Administrator shall be ap33 pointed from among individuals who have a demonstrated ability 

34 in and knowledge of emergency management and homeland secu35 rity. 

36 (B) CONSIDERATIONS.—In selecting a Regional Administrator 

37 for a Regional Office, the Administrator shall consider the famili38 arity of an individual with the geographical area and demographic 

39 characteristics of the population served by the Regional Office. 

40 (c) RESPONSIBILITIES.— 


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1 (1) IN GENERAL.—The Regional Administrator shall work in part2 nership with State, local, and tribal governments, emergency managers, 

3 emergency response providers, medical providers, the private sector, 

4 nongovernmental organizations, multijurisdictional councils of govern5 ments, and regional planning commissions and organizations in the 

6 geographical area served by the Regional Office to carry out the re7 sponsibilities of a Regional Administrator under this section. 

8 (2) SPECIFIC RESPONSIBILITIES.—The responsibilities of a Regional 

9 Administrator include— 

10 (A) ensuring effective, coordinated, and integrated regional pre11 paredness, protection, response, recovery, and mitigation activities 

12 and programs for natural disasters, acts of terrorism, and other 

13 man-made disasters (including planning, training, exercises, and 

14 professional development); 

15 (B) assisting in the development of regional capabilities needed 

16 for a national catastrophic response system; 

17 (C) coordinating the establishment of effective regional operable 

18 and interoperable emergency communications capabilities; 

19 (D) staffing and overseeing one or more strike teams within the 

20 region under subsection (f), to serve as the focal point of the Fed21 eral Government’s initial response efforts for natural disasters, 

22 acts of terrorism, and other man-made disasters within that re23 gion, and otherwise building Federal response capabilities to re24 spond to natural disasters, acts of terrorism, and other man-made 

25 disasters within that region; 

26 (E) designating an individual responsible for the development of 

27 strategic and operational regional plans in support of the National 

28 Response Plan; 

29 (F) fostering the development of mutual aid and other coopera30 tive agreements; 

31 (G) identifying critical gaps in regional capabilities to respond 

32 to populations with special needs; 

33 (H) maintaining and operating a Regional Response Coordina34 tion Center or its successor; 

35 (I) coordinating with the private sector to help ensure private36 sector preparedness for natural disasters, acts of terrorism, and 

37 other man-made disasters; 

38 (J) assisting State, local, and tribal governments, where appro39 priate, to pre-identify and evaluate suitable sites where a multi40 jurisdictional incident command system may quickly be established 

41 and operated from, if the need for a system arises; and 


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1 (K) performing any other duties relating to these responsibilities 

2 that the Administrator may require. 

3 (3) TRAINING AND EXERCISE REQUIREMENTS.— 

4 (A) TRAINING.—The Administrator shall require each Regional 

5 Administrator to undergo specific training periodically to com6 plement the qualifications of the Regional Administrator. The 

7 training, as appropriate, shall include training with respect to the 

8 National Incident Management System, the National Response 

9 Plan, and other subjects determined by the Administrator. 

10 (B) EXERCISES.—The Administrator shall require each Re11 gional Administrator to participate as appropriate in regional and 

12 national exercises. 

13 (d) AREA OFFICES.— 

14 (1) IN GENERAL.—There is an Area Office for the Pacific and an 

15 Area Office for the Caribbean, as components in the appropriate Re16 gional Offices. 

17 (2) ALASKA.—The Administrator shall establish an Area Office in 

18 Alaska, as a component in the appropriate Regional Office. 

19 (e) REGIONAL ADVISORY COUNCIL.— 

20 (1) ESTABLISHMENT.—Each Regional Administrator shall establish 

21 a Regional Advisory Council. 

22 (2) NOMINATIONS.—A State, local, or tribal government located in 

23 the geographic area served by the Regional Office may nominate offi24 cials, including Adjutants General and emergency managers, to serve 

25 as members of the Regional Advisory Council for that region. 

26 (3) RESPONSIBILITIES.—Each Regional Advisory Council shall— 

27 (A) advise the Regional Administrator on emergency manage28 ment issues specific to that region; 

29 (B) identify geographic, demographic, or other characteristics 

30 peculiar to a State, local, or tribal government within the region 

31 that might make preparedness, protection, response, recovery, or 

32 mitigation more complicated or difficult; and 

33 (C) advise the Regional Administrator of weaknesses or defi34 ciencies in preparedness, protection, response, recovery, and miti35 gation for a State, local, and tribal government within the region 

36 of which the Regional Advisory Council is aware. 

37 (f) REGIONAL OFFICE STRIKE TEAMS.— 

38 (1) IN GENERAL.—In coordination with other relevant Federal agen39 cies, each Regional Administrator shall oversee multi-agency strike 

40 teams authorized under section 303 of the Robert T. Stafford Disaster 


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1 Relief and Emergency Assistance Act (42 U.S.C. 5144) that shall con2 sist of— 

3 (A) a designated Federal coordinating officer; 

4 (B) personnel trained in incident management; 

5 (C) public affairs, response and recovery, and communications 

6 support personnel; 

7 (D) a defense coordinating officer; 

8 (E) liaisons to other Federal agencies; 

9 (F) Other personnel the Administrator or Regional Adminis10 trator determines appropriate; and 

11 (G) individuals from the agencies with primary responsibility for 

12 each of the emergency support functions in the National Response 

13 Plan. 

14 (2) OTHER DUTIES TO BE CONSISTENT.—The duties of an individual 

15 assigned to a Regional Office strike team from another relevant agency 

16 when the individual is not functioning as a member of the strike team 

17 shall be consistent with the emergency preparedness activities of the 

18 agency that employs the individual. 

19 (3) LOCATION OF MEMBERS.—The members of each Regional Office 

20 strike team, including representatives from agencies other than the De21 partment, shall be based primarily within the region that corresponds 

22 to that strike team. 

23 (4) COORDINATION.—Each Regional Office strike team shall coordi24 nate the training and exercises of that strike team with the State, local, 

25 and tribal governments and private-sector and nongovernmental entities 

26 that the strike team shall support when a natural disaster, act of ter27 rorism, or other man-made disaster occurs. 

28 (5) PREPAREDNESS.—Each Regional Office strike team shall be 

29 trained as a unit on a regular basis and equipped and staffed to be 

30 well prepared to respond to natural disasters, acts of terrorism, and 

31 other man-made disasters, including catastrophic incidents. 

32 (6) AUTHORITIES.—If the Administrator determines that statutory 

33 authority is inadequate for the preparedness and deployment of individ34 uals in strike teams under this subsection, the Administrator shall re35 port to Congress regarding the additional statutory authorities that the 

36 Administrator determines are necessary. 

37 § 11108. National Advisory Council 

38 (a) ESTABLISHMENT.—There is in the Department the National Advisory 

39 Council, established as an advisory body under section 10381(a) of this title 

40 to ensure effective and ongoing coordination of Federal preparedness, proVerDate Sep 11 2014 18:05 Jun 12, 2018 Jkt 079200 PO 00000 Frm 00296 Fmt 6652 Sfmt 6221 E:\BILLS\H6063.IH H6063

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1 tection, response, recovery, and mitigation for natural disasters, acts of ter2 rorism, and other man-made disasters. 

3 (b) RESPONSIBILITIES.— 

4 (1) IN GENERAL.—The National Advisory Council shall advise the 

5 Administrator on all aspects of emergency management. The National 

6 Advisory Council shall incorporate State, local, and tribal government 

7 and private-sector input in the development and revision of the national 

8 preparedness goal, the national preparedness system, the National Inci9 dent Management System, the National Response Plan, and other re10 lated plans and strategies. 

11 (2) CONSULTATION ON GRANTS.—To ensure input from and coordi12 nation with State, local, and tribal governments and emergency re13 sponse providers, the Administrator shall regularly consult and work 

14 with the National Advisory Council on the administration and assess15 ment of grant programs administered by the Department, including 

16 with respect to the development of program guidance and the develop17 ment and evaluation of risk-assessment methodologies, as appropriate. 

18 (c) MEMBERSHIP.— 

19 (1) IN GENERAL.—The members of the National Advisory Council 

20 shall be appointed by the Administrator, and shall, to the extent prac21 ticable, represent a geographic (including urban and rural) and sub22 stantive cross section of officials, emergency managers, and emergency 

23 response providers from State, local, and tribal governments, the pri24 vate sector, and nongovernmental organizations, including as appro25 priate— 

26 (A) members selected from the emergency management field 

27 and emergency response providers, including fire service, law en28 forcement, hazardous materials response, emergency medical serv29 ices, and emergency management personnel, or organizations rep30 resenting these individuals; 

31 (B) health scientists, emergency and inpatient medical pro32 viders, and public health professionals; 

33 (C) experts from Federal, State, local, and tribal governments, 

34 and the private sector, representing standards-setting and accred35 iting organizations, including representatives from the voluntary 

36 consensus codes and standards development community, particu37 larly those with expertise in the emergency preparedness and re38 sponse field; 

39 (D) State, local, and tribal government officials with expertise 

40 in preparedness, protection, response, recovery, and mitigation, in41 cluding Adjutants General; 


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1 (E) elected State, local, and tribal government executives; 

2 (F) experts in public- and private-sector infrastructure protec3 tion, cybersecurity, and communications; 

4 (G) representatives of individuals with disabilities and other 

5 populations with special needs; and 

6 (H) other individuals the Administrator determines to be appro7 priate. 

8 (2) COORDINATION WITH DEPARTMENTS OF HEALTH AND HUMAN

9 SERVICES AND TRANSPORTATION.—In the selection of members of the 

10 National Advisory Council who are health or emergency medical serv11 ices professionals, the Administrator shall work with the Secretary of 

12 Health and Human Services and the Secretary of Transportation. 

13 (3) EX OFFICIO MEMBERS.—The Administrator shall designate one 

14 or more officers of the Federal Government to serve as ex officio mem15 bers of the National Advisory Council. 

16 (4) TERM OF OFFICE.—The term of office of each member of the 

17 National Advisory Council shall be 3 years. 

18 (d) RESPONSE SUBCOMMITTEE.— 

19 (1) ESTABLISHMENT.—The Administrator shall establish the Rail20 road Emergency Services Preparedness, Operational Needs, and Safety 

21 Evaluation Subcommittee (in this subsection referred to as the ‘‘RE22 SPONSE Subcommittee’’). 

23 (2) MEMBERSHIP.—Notwithstanding subsection (c), the RE24 SPONSE Subcommittee is composed of the following: 

25 (A) the Deputy Administrator, Protection and National Pre26 paredness of the Federal Emergency Management Agency, or des27 ignee. 

28 (B) The Chief Safety Officer of the Pipeline and Hazardous 

29 Materials Safety Administration, or designee. 

30 (C) The Associate Administrator for Hazardous Materials Safe31 ty of the Pipeline and Hazardous Materials Safety Administration, 

32 or designee. 

33 (D) The Director of the Office of Emergency Communications 

34 of the Department, or designee. 

35 (E) The Director of the Office of Railroad, Pipeline and Haz36 ardous Materials Investigations of the National Transportation 

37 Safety Board, or designee. 

38 (F) The Chief Safety Officer and Associate Administrator for 

39 Railroad Safety of the Federal Railroad Administration, or des40 ignee. 


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1 (G) The Assistant Administrator for Security Policy and Indus2 try Engagement of the Transportation Security Administration, or 

3 designee. 

4 (H) The Assistant Commandant for Response Policy of the 

5 Coast Guard, or designee. 

6 (I) The Assistant Administrator for the Office of Solid Waste 

7 and Emergency Response of the Environmental Protection Agen8 cy, or designee. 

9 (J) Such other qualified individuals as the co-chairpersons shall 

10 jointly appoint as soon as practicable from among the following: 

11 (i) Members of the National Advisory Council who have the 

12 requisite technical knowledge and expertise to address rail 

13 emergency response issues, including members for the fol14 lowing disciplines: 

15 (I) Emergency management and emergency response 

16 providers, including fire service, law enforcement, haz17 ardous materials response, and emergency medical serv18 ices. 

19 (II) State, local, and tribal government officials. 

20 (ii) Individuals who have the requisite technical knowledge 

21 and expertise to serve on the RESPONSE Subcommittee, in22 cluding at least 1 representative from each of the following: 

23 (I) The rail industry. 

24 (II) Rail labor. 

25 (III) Persons that offer oil for transportation by rail. 

26 (IV) The communications industry. 

27 (V) Emergency response providers, including individ28 uals nominated by national organizations representing 

29 State and local governments and emergency responders. 

30 (VI) Emergency response training providers. 

31 (VII) Representatives from tribal organizations. 

32 (VIII) Technical experts. 

33 (IX) Vendors, developers, and manufacturers of sys34 tems, facilities, equipment, and capabilities for emer35 gency responder services. 

36 (iii) Representatives of such other stakeholders and inter37 ested and affected parties as the co-chairpersons consider ap38 propriate. 

39 (3) CO-CHAIRPERSONS.—The members described in subparagraphs 

40 (A) and (B) of paragraph (2) shall serve as the co-chairpersons of the 

41 RESPONSE Subcommittee. 


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1 (4) CONSULTATION WITH NONMEMBERS.—The RESPONSE Sub2 committee and the program offices for emergency responder training 

3 and resources shall consult with other relevant agencies and groups, in4 cluding entities engaged in federally funded research and academic in5 stitutions engaged in relevant work and research, that are not rep6 resented on the RESPONSE Subcommittee to consider new and devel7 oping technologies and methods that may be beneficial to preparedness 

8 and response to rail hazardous materials incidents. 

9 (5) RECOMMENDATIONS.—The RESPONSE Subcommittee shall de10 velop recommendations, as appropriate, for improving emergency re11 sponder training and resource allocation for hazardous materials inci12 dents involving railroads after evaluating the following topics: 

13 (A) The quality and application of training for State and local 

14 emergency responders relating to rail hazardous materials inci15 dents, including training for emergency responders serving small 

16 communities near railroads, including the following: 

17 (i) Ease of access to relevant training for State and local 

18 emergency responders, including an analysis of— 

19 (I) the number of individual being trained; 

20 (II) the number of individuals who are applying; 

21 (III) whether current demand is being met; 

22 (IV) current challenges; and 

23 (V) projected needs. 

24 (ii) Modernization of training course content relating to rail 

25 hazardous materials incidents, with a particular focus on fluc26 tuations in oil shipments by rail, including regular and ongo27 ing evaluation of course opportunities, adaptation to emerging 

28 trends, agency and private-sector outreach, effectiveness, and 

29 ease of access for State and local emergency responders. 

30 (iii) Identification of overlap in training content and identi31 fication of opportunities to develop complementary courses 

32 and materials among governmental and nongovernmental en33 tities. 

34 (iv) Online training platforms, train-the-trainer, and mobile 

35 training options. 

36 (B) The availability and effectiveness of Federal, State, local, 

37 and nongovernmental funding levels related to training emergency 

38 responders for rail hazardous materials incidents, including emer39 gency responders serving small communities near railroads, includ40 ing— 

41 (i) identifying overlap in resource allocation; 


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1 (ii) identifying cost-saving measures that can be imple2 mented to increase training opportunities; 

3 (iii) leveraging government funding with nongovernmental 

4 funding to enhance training opportunities and fill existing 

5 training gaps; 

6 (iv) adaptation of priority settings for agency funding allo7 cations in response to emerging trends; 

8 (v) historic levels of funding across Federal agencies for 

9 rail hazardous materials incident response and training, in10 cluding funding provided by the private sector to public enti11 ties or in conjunction with Federal programs; and 

12 (vi) current funding resources across agencies. 

13 (C) The strategy for integrating commodity flow studies, map14 ping, and rail and hazardous materials databases for State and 

15 local emergency responders and increasing the rate of access to 

16 the individual responder in existing or emerging communications 

17 technology. 

18 (6) REPORT.— 

19 (A) IN GENERAL.—Not later than December 16, 2017, the RE20 SPONSE Committee shall submit a report to the National Advi21 sory Council that— 

22 (i) includes the recommendations developed under para23 graph (5); 

24 (ii) specifies the timeframes for implementing the rec25 ommendations that do not require congressional action; and 

26 (iii) identifies the recommendations that do require con27 gressional action. 

28 (B) REVIEW.—Not later than 30 days after receiving the report 

29 under subparagraph (A), the National Advisory Council shall 

30 begin a review of the report. The National Advisory Council may 

31 ask for additional clarification, changes, or other information from 

32 the RESPONSE Subcommittee to assist in the approval of the 

33 recommendations. 

34 (C) RECOMMENDATIONS.—Once the National Advisory Council 

35 approves the recommendations of the RESPONSE Subcommittee, 

36 the National Advisory Council shall submit the report to— 

37 (i) the co-chairpersons of the RESPONSE Subcommittee; 

38 (ii) the head of each other agency represented on the RE39 SPONSE Subcommittee; 

40 (iii) the Committee on Homeland Security and Govern41 mental Affairs of the Senate; 


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1 (iv) the Committee on Commerce, Science, and Transpor2 tation of the Senate; 

3 (v) the Committee on Homeland Security of the House of 

4 Representatives; and 

5 (vi) the Committee on Transportation and Infrastructure of 

6 the House of Representatives. 

7 (7) INTERIM ACTIVITY.— 

8 (A) UPDATES AND OVERSIGHT.—After the submission of the re9 port by the National Advisory Council under paragraph (6), the 

10 Administrator shall— 

11 (i) provide annual updates to the congressional committees 

12 referred to in paragraph (6)(C) regarding the status of the 

13 implementation of the recommendations developed under 

14 paragraph (5); and 

15 (ii) coordinate the implementation of the recommendations 

16 described in paragraph (5)(A)(i), as appropriate. 

17 (B) SUNSET.—The requirements of subparagraph (A) shall ter18 minate on the date that is 2 years after the date of the submission 

19 of the report required under paragraph (6)(A). 

20 (8) TERMINATION.—The RESPONSE Subcommittee shall terminate 

21 not later than 90 days after the submission of the report required 

22 under paragraph (6))(C). 

23 (e) APPLICABILITY OF FEDERAL ADVISORY COMMITTEE ACT.— 

24 (1) IN GENERAL.—Notwithstanding section 10381(a) of this title 

25 and subject to paragraph (2), the Federal Advisory Committee Act (5 

26 U.S.C. App.), including section 10(a), (b), and (d), and section 552b(c) 

27 of title 5, apply to the National Advisory Council. 

28 (2) TERMINATION.—Section 14(a)(2) of the Federal Advisory Com29 mittee Act (5 U.S.C. App.) does not apply to the National Advisory 

30 Council. 

31 § 11109. National Integration Center 

32 (a) IN GENERAL.—There is in the Agency the National Integration Cen33 ter. 

34 (b) RESPONSIBILITIES.— 

35 (1) IN GENERAL.—The Administrator and the National Integration 

36 Center, and in consultation with other Federal departments and agen37 cies and the National Advisory Council, shall ensure ongoing manage38 ment and maintenance of the National Incident Management System, 

39 the National Response Plan, and a successor to the system or plan. 

40 (2) REVIEW AND REVISION OF SYSTEM AND PLAN.—The National 

41 Integration Center shall periodically review, and revise as appropriate, 


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1 the National Incident Management System and the National Response 

2 Plan, including— 

3 (A) establishing, in consultation with the Director of the Cor4 poration for National and Community Service, a process to better 

5 use volunteers and donations; 

6 (B) improving the use of Federal, State, local, and tribal re7 sources and ensuring the effective use of emergency response pro8 viders at emergency scenes; and 

9 (C) revising the Catastrophic Incident Annex, finalizing and re10 leasing the Catastrophic Incident Supplement to the National Re11 sponse Plan, and ensuring that both effectively address response 

12 requirements in the event of a catastrophic incident. 

13 (c) INCIDENT MANAGEMENT.— 

14 (1) IN GENERAL.— 

15 (A) NATIONAL RESPONSE PLAN.—The Administrator shall en16 sure that the National Response Plan provides for a clear chain 

17 of command to lead and coordinate the Federal response to a nat18 ural disaster, act of terrorism, or other man-made disaster. 

19 (B) ADMINISTRATOR.—The chain of the command specified in 

20 the National Response Plan shall provide for a role for— 

21 (i) the Administrator consistent with the role of the Admin22 istrator as the principal emergency management advisor to 

23 the President, the Homeland Security Council, and the Sec24 retary under section 11102(b)(2) of this title and the respon25 sibility of the Administrator under the Post-Katrina Emer26 gency Management Reform Act of 2006 (Public Law 109– 

27 295, 120 Stat. 1394), and the amendments made by that 

28 Act, relating to natural disasters, acts of terrorism, and other 

29 man-made disasters; and 

30 (ii) the Federal Coordinating Officer consistent with the re31 sponsibilities under section 302(b) of the Robert T. Stafford 

32 Disaster Relief and Emergency Assistance Act (42 U.S.C. 

33 5143(b)). 

34 (2) PRINCIPAL FEDERAL OFFICIAL OR DIRECTOR OF A JOINT TASK

35 FORCE.—The Principal Federal Official (or the successor to the Offi36 cial) or a Director of a Joint Task Force established under section 

37 11508 of this title shall not— 

38 (A) direct or replace the incident command structure established 

39 at the incident; or 


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1 (B) have directive authority over the Senior Federal Law En2 forcement Official, Federal Coordinating Officer, or other Federal 

3 and State officials. 

4 § 11110. Credentialing and typing 

5 (a) IN GENERAL.—The Administrator shall enter into a memorandum of 

6 understanding with the administrators of the Emergency Management As7 sistance Compact, State, local, and tribal governments, and organizations 

8 that represent emergency response providers, to collaborate on developing 

9 standards for deployment capabilities, including for credentialing and typing 

10 of incident management personnel, emergency response providers, and other 

11 personnel (including temporary personnel) and resources likely needed to re12 spond to natural disasters, acts of terrorism, and other man-made disasters. 

13 (b) DISTRIBUTION.— 

14 (1) IN GENERAL.—The Administrator shall provide the standards de15 veloped under subsection (a), including detailed written guidance, to— 

16 (A) each Federal agency that has responsibilities under the Na17 tional Response Plan to aid that agency with credentialing and 

18 typing incident management personnel, emergency response pro19 viders, and other personnel (including temporary personnel) and 

20 resources likely needed to respond to a natural disaster, act of ter21 rorism, or other man-made disaster; and 

22 (B) State, local, and tribal governments, to aid the governments 

23 with credentialing and typing of State, local, and tribal incident 

24 management personnel, emergency response providers, and other 

25 personnel (including temporary personnel) and resources likely 

26 needed to respond to a natural disaster, act of terrorism, or other 

27 man-made disaster. 

28 (2) ASSISTANCE.—The Administrator shall provide expertise and 

29 technical assistance to aid Federal, State, local, and tribal government 

30 agencies with credentialing and typing incident management personnel, 

31 emergency response providers, and other personnel (including tem32 porary personnel) and resources likely needed to respond to a natural 

33 disaster, act of terrorism, or other man-made disaster. 

34 (c) CREDENTIALING AND TYPING OF PERSONNEL.—Each Federal agency 

35 with responsibilities under the National Response Plan shall ensure that in36 cident management personnel, emergency response providers, and other per37 sonnel (including temporary personnel) and resources likely needed to re38 spond to a natural disaster, act of terrorism, or other manmade disaster are 

39 credentialed and typed under this section. 

40 (d) CONSULTATION ON HEALTH CARE STANDARDS.—In developing 

41 standards for credentialing health care professionals under this section, the 


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1 Administrator shall consult with the Secretary of Health and Human Serv2 ices. 

3 § 11111. National Infrastructure Simulation and Analysis 

4 Center 

5 (a) IN GENERAL.—There is in the Department the National Infrastruc6 ture Simulation and Analysis Center established under the Critical Infra7 structure Protection Act of 2001 (42 U.S.C. 5195c(d)) which shall serve as 

8 a source of national expertise to address critical infrastructure protection 

9 and continuity through support for activities related to— 

10 (1) counterterrorism, threat assessment, and risk mitigation; and 

11 (2) a natural disaster, act of terrorism, or other man-made disaster. 

12 (b) INFRASTRUCTURE MODELING.— 

13 (1) PARTICULAR SUPPORT.—The support provided under subsection 

14 (a) includes modeling, simulation, and analysis of the systems and as15 sets comprising critical infrastructure, to enhance preparedness, protec16 tion, response, recovery, and mitigation activities. 

17 (2) RELATIONSHIP WITH OTHER AGENCIES.—Each Federal agency 

18 and department with critical infrastructure responsibilities under 

19 Homeland Security Presidential Directive–7, or a successor to the Di20 rective, shall establish a formal relationship, including an agreement re21 garding information sharing, between the elements of the agency or de22 partment and the National Infrastructure Simulation and Analysis 

23 Center, through the Department. 

24 (3) PURPOSE.—The purpose of the relationship under paragraph (2) 

25 is to permit each Federal agency and department described in para26 graph (2) to take full advantage of the capabilities of the National In27 frastructure Simulation and Analysis Center (particularly vulnerability 

28 and consequence analysis), consistent with its work load capacity and 

29 priorities, for real-time response to reported and projected natural dis30 asters, acts of terrorism, and other man-made disasters. 

31 (4) RECIPIENT OF CERTAIN SUPPORT.—Modeling, simulation, and 

32 analysis provided under this subsection shall be provided to relevant 

33 Federal agencies and departments, including Federal agencies and de34 partments with critical infrastructure responsibilities under Homeland 

35 Security Presidential Directive–7, or a successor to the Directive. 

36 § 11112. Evacuation plans and exercises 

37 (a) IN GENERAL.—Notwithstanding any other provision of law, and sub38 ject to subsection (d), grants made to States or local or tribal governments 

39 by the Department through the State Homeland Security Grant Program 

40 or the Urban Area Security Initiative may be used to— 


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1 (1) establish programs for the development and maintenance of mass 

2 evacuation plans under subsection (b) in the event of a natural dis3 aster, act of terrorism, or other man-made disaster; 

4 (2) prepare for the execution of the plans, including the development 

5 of evacuation routes and the purchase and stockpiling of necessary sup6 plies and shelters; and 

7 (3) conduct exercises of the plans. 

8 (b) PLAN DEVELOPMENT.—In developing the mass evacuation plans au9 thorized under subsection (a), each State, local, or tribal government shall, 

10 to the maximum extent practicable— 

11 (1) establish incident command and decision-making processes; 

12 (2) ensure that State, local, and tribal government plans, including 

13 evacuation routes, are coordinated and integrated; 

14 (3) identify primary and alternative evacuation routes and methods 

15 to increase evacuation capabilities along the routes, such as conversion 

16 of two-way traffic to one-way evacuation routes; 

17 (4) identify evacuation transportation modes and capabilities, includ18 ing the use of mass and public transit capabilities, and coordinating 

19 and integrating evacuation plans for all populations including for those 

20 individuals located in hospitals, nursing homes, and other institutional 

21 living facilities; 

22 (5) develop procedures for informing the public of evacuation plans 

23 before and during an evacuation, including individuals— 

24 (A) with disabilities or other special needs, including the elderly; 

25 (B) with limited English proficiency; or 

26 (C) who might otherwise have difficulty in obtaining informa27 tion; and 

28 (6) identify shelter locations and capabilities. 

29 (c) ASSISTANCE.— 

30 (1) IN GENERAL.—The Administrator may establish guidelines, 

31 standards, or requirements determined appropriate to administer this 

32 section and to ensure effective mass evacuation planning for State, 

33 local, and tribal areas. 

34 (2) REQUESTED ASSISTANCE.—The Administrator shall make assist35 ance available upon request of a State, local, or tribal government to 

36 assist hospitals, nursing homes, and other institutions that house indi37 viduals with special needs to establish, maintain, and exercise mass 

38 evacuation plans that are coordinated and integrated into the plans de39 veloped by that State, local, or tribal government under this section. 

40 (d) MULTIPURPOSE FUNDS.—Nothing in this section may be construed 

41 to preclude a State, local, or tribal government from using grant funds in 


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1 a manner that enhances preparedness for a natural or man-made disaster 

2 unrelated to an act of terrorism, if the use assists the government in build3 ing capabilities for terrorism preparedness. 

4 § 11113. Disability Coordinator 

5 (a) IN GENERAL.—After consultation with organizations representing in6 dividuals with disabilities, the National Council on Disability, and the Inter7 agency Coordinating Council on Emergency Preparedness and Individuals 

8 with Disabilities, established under Executive Order No. 13347 (July 22, 

9 2004, 69 Fed. Reg. 44573), the Administrator shall appoint a Disability 

10 Coordinator. The Disability Coordinator shall report directly to the Admin11 istrator, in order to ensure that the needs of individuals with disabilities are 

12 being properly addressed in emergency preparedness and disaster relief. 

13 (b) RESPONSIBILITIES.—The Disability Coordinator is responsible for— 

14 (1) providing guidance and coordination on matters related to indi15 viduals with disabilities in emergency planning requirements and relief 

16 efforts in the event of a natural disaster, act of terrorism, or other 

17 man-made disaster; 

18 (2) interacting with the staff of the Agency, the National Council on 

19 Disability, the Interagency Coordinating Council on Emergency Pre20 paredness and Individuals with Disabilities established under Executive 

21 Order No. 13347 (July 22, 2004, 69 Fed. Reg. 44573), other agencies 

22 of the Federal Government, and State, local, and tribal government au23 thorities regarding the needs of individuals with disabilities in emer24 gency planning requirements and relief efforts in the event of a natural 

25 disaster, act of terrorism, or other man-made disaster; 

26 (3) consulting with organizations that represent the interests and 

27 rights of individuals with disabilities about the needs of individuals with 

28 disabilities in emergency planning requirements and relief efforts in the 

29 event of a natural disaster, act of terrorism, or other man-made dis30 aster; 

31 (4) ensuring the coordination and dissemination of best practices and 

32 model evacuation plans for individuals with disabilities; 

33 (5) ensuring the development of training materials and a curriculum 

34 for training of emergency response providers, State, local, and tribal 

35 government officials, and others on the needs of individuals with dis36 abilities; 

37 (6) promoting the accessibility of telephone hotlines and websites re38 garding emergency preparedness, evacuations, and disaster relief; 

39 (7) working to ensure that video programming distributors, including 

40 broadcasters, cable operators, and satellite television services, make 


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1 emergency information accessible to individuals with hearing and vision 

2 disabilities; 

3 (8) ensuring the availability of accessible transportation options for 

4 individuals with disabilities in the event of an evacuation; 

5 (9) providing guidance and implementing policies to ensure that the 

6 rights and wishes of individuals with disabilities regarding post-evacu7 ation residency and relocation are respected; 

8 (10) ensuring that meeting the needs of individuals with disabilities 

9 is included in the components of the national preparedness system es10 tablished under section 644 of the Post-Katrina Emergency Manage11 ment Reform Act of 2006 (Public Law 109–295, 120 Stat. 1425); and 

12 (11) other duties assigned by the Administrator. 

13 § 11114. National Operations Center 

14 (a) DEFINITION OF SITUATIONAL AWARENESS.—In this section, the term 

15 ‘‘situational awareness’’ means information gathered from a variety of 

16 sources that, when communicated to emergency managers, decision makers, 

17 and other appropriate officials, can form the basis for incident management 

18 decisionmaking and steady-state activity. 

19 (b) ESTABLISHMENT.—The National Operations Center is the principal 

20 operations center for the Department and shall— 

21 (1) provide situational awareness and a common operating picture 

22 for the entire Federal Government, and for State, local, tribal, and ter23 ritorial governments, the private sector, and international partners as 

24 appropriate, for events, threats, and incidents involving a natural dis25 aster, act of terrorism, or other man-made disaster; 

26 (2) ensure that critical terrorism and disaster-related information 

27 reaches government decision-makers; and 

28 (3) enter into agreements with other Federal operations centers and 

29 other homeland security partners, as appropriate, to facilitate the shar30 ing of information. 

31 (c) STATE AND LOCAL EMERGENCY RESPONDER REPRESENTATION.— 

32 (1) ESTABLISHMENT OF EMERGENCY RESPONDER POSITION.—The 

33 Secretary shall establish a position, on a rotating basis, for a represent34 ative of State and local emergency responders at the National Oper35 ations Center established under subsection (b) to ensure the effective 

36 sharing of information between the Federal Government and State and 

37 local emergency response services. 

38 (2) MANAGEMENT.—The Secretary shall manage the position estab39 lished under paragraph (1) in accordance with the rules, regulations, 

40 and practices that govern other similar rotating positions at the Na41 tional Operations Center. 


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1 § 11115. Responsibilities of Chief Medical Officer 

2 The Chief Medical Officer has the primary responsibility in the Depart3 ment for medical issues related to natural disasters, acts of terrorism, and 

4 other man-made disasters, including— 

5 (1) serving as the principal advisor to the Secretary and the Admin6 istrator on medical and public health issues; 

7 (2) coordinating the biodefense activities of the Department; 

8 (3) ensuring internal and external coordination of all medical pre9 paredness and response activities of the Department, including train10 ing, exercises, and equipment support; 

11 (4) serving as the Department’s primary point of contact with the 

12 Department of Agriculture, the Department of Defense, the Depart13 ment of Health and Human Services, the Department of Transpor14 tation, the Department of Veterans Affairs, and other Federal depart15 ments or agencies, on medical and public health issues; 

16 (5) serving as the Department’s primary point of contact for State, 

17 local, and tribal governments, the medical community, and others with18 in and outside the Department, with respect to medical and public 

19 health matters; 

20 (6) discharging, in coordination with the Under Secretary for Science 

21 and Technology, the responsibilities of the Department related to 

22 Project Bioshield; and 

23 (7) performing any other duties relating to these responsibilities that 

24 the Secretary may require. 

25 § 11116. Nuclear incident response 

26 (a) IN GENERAL.—At the direction of the Secretary (in connection with 

27 an actual or threatened terrorist attack, major disaster, or other emergency 

28 in the United States), the Nuclear Incident Response Team shall operate 

29 as an organizational unit of the Department. While so operating, the Nu30 clear Incident Response Team shall be subject to the direction, authority, 

31 and control of the Secretary. 

32 (b) RULE OF CONSTRUCTION.—Nothing in this chapter shall be con33 strued to limit the ordinary responsibility of the Secretary of Energy and 

34 the Administrator of the Environmental Protection Agency for organizing, 

35 training, equipping, and utilizing their respective entities in the Nuclear In36 cident Response Team, or (subject to the provisions of this chapter) from 

37 exercising direction, authority, and control over them when they are not op38 erating as a unit of the Department. 

39 § 11117. Conduct of certain public health-related activities 

40 (a) IN GENERAL.—With respect to all public health-related activities to 

41 improve State, local, and hospital preparedness and response to chemical, 


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1 biological, radiological, and nuclear and other emerging terrorist threats car2 ried out by the Department of Health and Human Services (including the 

3 Public Health Service), the Secretary of Health and Human Services shall 

4 set priorities and preparedness goals and further develop a coordinated 

5 strategy for these activities in collaboration with the Secretary. 

6 (b) EVALUATION OF PROGRESS.—In carrying out subsection (a), the Sec7 retary of Health and Human Services shall collaborate with the Secretary 

8 in developing specific benchmarks and outcome measurements for evaluating 

9 progress toward achieving the priorities and goals described in subsection 

10 (a). 

11 § 11118. Use of national private-sector networks in emer12 gency response 

13 To the maximum extent practicable, the Secretary shall use national pri14 vate-sector networks and infrastructure for emergency response to chemical, 

15 biological, radiological, nuclear, or explosive disasters, and other major dis16 asters. 

17 § 11119. Model standards and guidelines for critical infra18 structure workers 

19 (a) IN GENERAL.—In coordination with appropriate national professional 

20 organizations, Federal, State, local, and tribal government agencies, and pri21 vate-sector and nongovernmental entities, the Administrator shall establish 

22 model standards and guidelines for credentialing critical infrastructure 

23 workers that may be used by a State to credential critical infrastructure 

24 workers that may respond to a natural disaster, act of terrorism, or other 

25 man-made disaster. 

26 (b) DISTRIBUTION AND ASSISTANCE.—The Administrator shall provide 

27 the standards developed under subsection (a), including detailed written 

28 guidance, to State, local, and tribal governments, and provide expertise and 

29 technical assistance to aid the governments with credentialing critical infra30 structure workers that may respond to a natural disaster, act of terrorism, 

31 or other man-made disaster. 

32 § 11120. Guidance and recommendations 

33 (a) IN GENERAL.—Consistent with their responsibilities and authorities 

34 under law, as of August 2, 2007, the Administrator and the Assistant Sec35 retary for Infrastructure Protection, in consultation with the private sector, 

36 may develop guidance or recommendations and identify best practices to as37 sist or foster action by the private sector in— 

38 (1) identifying potential hazards and assessing risks and impacts; 

39 (2) mitigating the impact of a wide variety of hazards, including 

40 weapons of mass destruction; 


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1 (3) managing necessary emergency preparedness and response re2 sources; 

3 (4) developing mutual aid agreements; 

4 (5) developing and maintaining emergency preparedness and re5 sponse plans, and associated operational procedures; 

6 (6) developing and conducting training and exercises to support and 

7 evaluate emergency preparedness and response plans and operational 

8 procedures; 

9 (7) developing and conducting training programs for security guards 

10 to implement emergency preparedness and response plans and oper11 ations procedures; and 

12 (8) developing procedures to respond to requests for information 

13 from the media or the public. 

14 (b) ISSUANCE AND PROMOTION.—Any guidance or recommendations de15 veloped or best practices identified under subsection (a) shall be— 

16 (1) issued through the Administrator; and 

17 (2) promoted by the Secretary to the private sector. 

18 (c) SMALL BUSINESS CONCERNS.—In developing guidance or rec19 ommendations or identifying best practices under subsection (a), the Admin20 istrator and the Assistant Secretary for Infrastructure Protection shall take 

21 into consideration small business concerns (under the meaning given that 

22 term in section 3 of the Small Business Act (15 U.S.C. 632)), including 

23 a need for separate guidance or recommendations or best practices, as nec24 essary and appropriate. 

25 (d) RULE OF CONSTRUCTION.—Nothing in this section may be construed 

26 to supersede a requirement established under any other provision of law. 

27 § 11121. Voluntary private-sector preparedness accredita28 tion and certification program 

29 (a) ESTABLISHMENT.— 

30 (1) IN GENERAL.—The Secretary, acting through the officer des31 ignated under paragraph (2), shall establish and implement the vol32 untary private-sector preparedness accreditation and certification pro33 gram under this section. 

34 (2) DESIGNATION OF OFFICER.—The Secretary shall designate an 

35 officer responsible for the accreditation and certification program under 

36 this section. The officer (in this section referred to as the ‘‘designated 

37 officer’’) shall be one of the following: 

38 (A) The Administrator, based on consideration of— 

39 (i) the expertise of the Administrator in emergency man40 agement and preparedness in the United States; and 


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1 (ii) the responsibilities of the Administrator as the prin2 cipal advisor to the President for all matters relating to emer3 gency management in the United States. 

4 (B) The Assistant Secretary for Infrastructure Protection, 

5 based on consideration of the expertise of the Assistant Secretary 

6 in, and responsibilities for— 

7 (i) protection of critical infrastructure; 

8 (ii) risk assessment methodologies; and 

9 (iii) interacting with the private sector on the issues de10 scribed in clauses (i) and (ii). 

11 (C) The Under Secretary for Science and Technology, based on 

12 consideration of the expertise of the Under Secretary in, and re13 sponsibilities associated with, standards. 

14 (3) COORDINATION.—In carrying out the accreditation and certifi15 cation program under this section, the designated officer shall coordi16 nate with— 

17 (A) the other officers of the Department referred to in para18 graph (2), using the expertise and responsibilities of the officers; 

19 and 

20 (B) the Special Assistant to the Secretary for the private sector, 

21 based on consideration of the expertise of the Special Assistant in, 

22 and responsibilities for, interacting with the private sector. 

23 (b) VOLUNTARY PRIVATE-SECTOR PREPAREDNESS STANDARDS; VOL24 UNTARY ACCREDITATION AND CERTIFICATION PROGRAM FOR THE PRIVATE

25 SECTOR.— 

26 (1) ACCREDITATION AND CERTIFICATION PROGRAM.—The designated 

27 officer shall— 

28 (A) begin supporting the development and updating, as nec29 essary, of voluntary preparedness standards through appropriate 

30 organizations that coordinate or facilitate the development and use 

31 of voluntary consensus standards and voluntary consensus stand32 ards development organizations; and 

33 (B) in consultation with representatives of appropriate organiza34 tions that coordinate or facilitate the development and use of vol35 untary consensus standards, appropriate voluntary consensus 

36 standards development organizations, each private-sector advisory 

37 council created under section 10321(4) of this title, appropriate 

38 representatives of State and local governments, including emer39 gency management officials, and appropriate private-sector advi40 sory groups, such as sector coordinating councils and information 

41 sharing and analysis centers— 


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1 (i) develop and promote a program to certify the prepared2 ness of private-sector entities that voluntarily choose to seek 

3 certification under the program; and 

4 (ii) implement the program under this subsection through 

5 an entity with which the designated officer enters into an 

6 agreement under paragraph (3)(A), which shall accredit third 

7 parties to carry out the certification process under this sec8 tion. 

9 (2) PROGRAM ELEMENTS.— 

10 (A) IN GENERAL.— 

11 (i) The program developed and implemented under this 

12 subsection shall assess whether a private-sector entity com13 plies with voluntary preparedness standards. 

14 (ii) In developing the program under this subsection, the 

15 designated officer shall develop guidelines for the accredita16 tion and certification processes established under this sub17 section. 

18 (B) STANDARDS.—The designated officer, in consultation with 

19 representatives of appropriate organizations that coordinate or fa20 cilitate the development and use of voluntary consensus standards, 

21 representatives of appropriate voluntary consensus standards de22 velopment organizations, each private-sector advisory council cre23 ated under section 10321(4) of this title, appropriate representa24 tives of State and local governments, including emergency manage25 ment officials, and appropriate private-sector advisory groups such 

26 as sector coordinating councils and information sharing and anal27 ysis centers— 

28 (i) shall adopt one or more appropriate voluntary prepared29 ness standards that promote preparedness, which may be tai30 lored to address the unique nature of various sectors in the 

31 private sector, as necessary and appropriate, that shall be 

32 used in the accreditation and certification program under this 

33 subsection; and 

34 (ii) after the adoption of one or more standards under 

35 clause (i), may adopt additional voluntary preparedness 

36 standards or modify or discontinue the use of voluntary pre37 paredness standards for the accreditation and certification 

38 program, as necessary and appropriate to promote prepared39 ness. 

40 (C) SUBMISSION OF RECOMMENDATIONS.—In adopting one or 

41 more standards under subparagraph (B), the designated officer 


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1 may receive recommendations from an entity described in that 

2 subparagraph relating to appropriate voluntary preparedness 

3 standards, including appropriate sector specific standards, for 

4 adoption in the program. 

5 (D) SMALL BUSINESS CONCERNS.—The designated officer and 

6 an entity with which the designated officer enters into an agree7 ment under paragraph (3)(A) shall establish separate classifica8 tions and methods of certification for small business concerns 

9 (under the meaning given that term in section 3 of the Small 

10 Business Act (15 U.S.C. 632)) for the program under this sub11 section. 

12 (E) CONSIDERATIONS.—In developing and implementing the 

13 program under this subsection, the designated officer shall— 

14 (i) consider the unique nature of various sectors in the pri15 vate sector, including preparedness standards, business con16 tinuity standards, or best practices, established— 

17 (I) under any other provision of Federal law; or 

18 (II) by a sector-specific agency, as defined under 

19 Homeland Security Presidential Directive–7; and 

20 (ii) coordinate the program, as appropriate, with— 

21 (I) other Department private-sector-related programs; 

22 and 

23 (II) preparedness and business continuity programs in 

24 other Federal agencies. 

25 (3) ACCREDITATION AND CERTIFICATION PROCESSES.— 

26 (A) AGREEMENT.— 

27 (i) The designated officer shall enter into one or more 

28 agreements with a highly qualified nongovernmental entity 

29 with experience or expertise in coordinating and facilitating 

30 the development and use of voluntary consensus standards 

31 and in managing or implementing accreditation and certifi32 cation programs for voluntary consensus standards, or a simi33 larly qualified private-sector entity, to carry out accreditations 

34 and oversee the certification process under this subsection. An 

35 entity entering into an agreement with the designated officer 

36 under this clause (in this section referred to as a ‘‘selected 

37 entity’’) shall not perform certifications under this subsection. 

38 (ii) A selected entity shall manage the accreditation process 

39 and oversee the certification process in accordance with the 

40 program established under this subsection and accredit qualiVerDate Sep 11 2014 18:05 Jun 12, 2018 Jkt 079200 PO 00000 Frm 00314 Fmt 6652 Sfmt 6221 E:\BILLS\H6063.IH H6063

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1 fied third parties to carry out the certification program estab2 lished under this subsection. 

3 (B) PROCEDURES AND REQUIREMENTS FOR ACCREDITATION

4 AND CERTIFICATION.— 

5 (i) COLLABORATION.—A selected entity shall collaborate to 

6 develop procedures and requirements for the accreditation 

7 and certification processes under this subsection, in accord8 ance with the program established under this subsection and 

9 guidelines developed under paragraph (2)(A)(ii). 

10 (ii) REASONABLE UNIFORMITY; USE.—The procedures and 

11 requirements developed under clause (i) shall— 

12 (I) ensure reasonable uniformity in accreditation and 

13 certification processes if there is more than one selected 

14 entity; and 

15 (II) be used by a selected entity in conducting accredi16 tations and overseeing the certification process under 

17 this subsection. 

18 (iii) RESOLUTION OF DISAGREEMENT.—A disagreement 

19 among selected entities in developing procedures under clause 

20 (i) shall be resolved by the designated officer. 

21 (C) DESIGNATION.—A selected entity may accredit a qualified 

22 third party to carry out the certification process under this sub23 section. 

24 (D) DISADVANTAGED BUSINESS INVOLVEMENT.—In accrediting 

25 qualified third parties to carry out the certification process under 

26 this subsection, a selected entity shall ensure, to the extent prac27 ticable, that the third parties include qualified small, minority, 

28 women-owned, or disadvantaged business concerns when appro29 priate. The term ‘‘disadvantaged business concern’’ means a small 

30 business that is owned and controlled by socially and economically 

31 disadvantaged individuals, as defined in section 124 of title 13, 

32 Code of Federal Regulations. 

33 (E) TREATMENT OF OTHER CERTIFICATIONS.—At the request 

34 of an entity seeking certification, a selected entity may consider, 

35 as appropriate, other relevant certifications acquired by the entity 

36 seeking certification. If the selected entity determines that the 

37 other certifications are sufficient to meet the certification require38 ment or aspects of the certification requirement under this section, 

39 the selected entity may give credit to the entity seeking certifi40 cation, as appropriate, to avoid unnecessarily duplicative certifi41 cation requirements. 


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1 (F) THIRD PARTIES.—To be accredited under subparagraph 

2 (C), a third party shall— 

3 (i) demonstrate that the third party has the ability to cer4 tify private-sector entities in accordance with the procedures 

5 and requirements developed subparagraph (B); 

6 (ii) agree to perform certifications in accordance with the 

7 procedures and requirements; 

8 (iii) agree not to have a beneficial interest in or direct or 

9 indirect control over— 

10 (I) a private-sector entity for which that third party 

11 conducts a certification under this subsection; or 

12 (II) an organization that provides preparedness con13 sulting services to private-sector entities; 

14 (iv) agree not to have any other conflict of interest with re15 spect to a private-sector entity for which the third party con16 ducts a certification under this subsection; 

17 (v) maintain liability insurance coverage at policy limits in 

18 accordance with the requirements developed under subpara19 graph (B); and 

20 (vi) enter into an agreement with the selected entity ac21 crediting that third party to protect proprietary information 

22 of a private-sector entity obtained under this subsection. 

23 (G) MONITORING.— 

24 (i) ENSURE COMPLIANCE.—The designated officer and an 

25 selected entity shall regularly monitor and inspect the oper26 ations of a third party conducting certifications under this 

27 subsection to ensure that the third party is complying with 

28 the procedures and requirements established under subpara29 graph (B) and all other applicable requirements. 

30 (ii) PROCEDURES OR REQUIREMENTS NOT MET.—If the 

31 designated officer or a selected entity determines that a third 

32 party is not meeting the procedures or requirements estab33 lished under subparagraph (B), the selected entity shall— 

34 (I) revoke the accreditation of that third party to con35 duct certifications under this subsection; and 

36 (II) review the certification conducted by that third 

37 party, as necessary and appropriate. 

38 (4) ANNUAL REVIEW.— 

39 (A) IN GENERAL.—The designated officer, in consultation with 

40 representatives of appropriate organizations that coordinate or fa41 cilitate the development and use of voluntary consensus standards, 


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1 appropriate voluntary consensus standards development organiza2 tions, appropriate representatives of State and local governments, 

3 including emergency management officials, and each private-sector 

4 advisory council created under section 10321(4) of this title, shall 

5 annually review the voluntary accreditation and certification pro6 gram established under this subsection to ensure the effectiveness 

7 of the program (including the operations and management of the 

8 program by a selected entity and the selected entity’s inclusion of 

9 qualified disadvantaged business concerns under paragraph 

10 (3)(D)) and make improvements and adjustments to the program 

11 as necessary and appropriate. 

12 (B) REVIEW OF STANDARDS.—Each review under subparagraph 

13 (A) shall include an assessment of the voluntary preparedness 

14 standard or standards used in the program under this subsection. 

15 (5) VOLUNTARY PARTICIPATION.—Certification under this subsection 

16 shall be voluntary for a private-sector entity. 

17 (6) PUBLIC LISTING.—The designated officer shall maintain and 

18 make public a listing of any private-sector entity certified as being in 

19 compliance with the program established under this subsection, if that 

20 private-sector entity consents to the listing. 

21 (c) RULE OF CONSTRUCTION.—Nothing in this section may be construed 

22 as— 

23 (1) a requirement to replace preparedness, emergency response, or 

24 business continuity standards, requirements, or best practices estab25 lished— 

26 (A) under any other provision of federal law; or 

27 (B) by a sector-specific agency, as those agencies are defined 

28 under Homeland Security Presidential Directive–7; or 

29 (2) exempting a private-sector entity seeking certification or meeting 

30 certification requirements under subsection (b) from compliance with 

31 all applicable statutes, regulations, directives, policies, and industry 

32 codes of practice. 

33 § 11122. Acceptance of gifts 

34 (a) AUTHORITY.—The Secretary may accept and use gifts of property, 

35 both real and personal, and may accept gifts of services, including from 

36 guest lecturers, for otherwise authorized activities of the Center for Domes37 tic Preparedness that are related to efforts to prevent, prepare for, protect 

38 against, or respond to a natural disaster, act of terrorism, or other man39 made disaster, including the use of a weapon of mass destruction. 


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1 (b) PROHIBITION.—The Secretary may not accept a gift under this sec2 tion if the Secretary determines that the use of the property or services 

3 would compromise the integrity or appearance of integrity of— 

4 (1) a program of the Department; or 

5 (2) an individual involved in a program of the Department. 

6 (c) REPORT.— 

7 (1) IN GENERAL.—The Secretary shall submit to the Committee on 

8 Homeland Security of the House of Representatives and the Committee 

9 on Homeland Security and Governmental Affairs of the Senate an an10 nual report disclosing— 

11 (A) gifts that were accepted under this section during the year 

12 covered by the report; 

13 (B) how the gifts contribute to the mission of the Center for 

14 Domestic Preparedness; and 

15 (C) the amount of Federal savings that were generated from the 

16 acceptance of the gifts. 

17 (2) PUBLICATION.—Each report required under paragraph (1) shall 

18 be made publicly available. 

19 § 11123. Integrated public alert and warning system mod20 ernization 

21 (a) IN GENERAL.—To provide timely and effective warnings regarding 

22 natural disasters, acts of terrorism, and other man-made disasters or 

23 threats to public safety, the Administrator shall— 

24 (1) modernize the integrated public alert and warning system of the 

25 United States (in this section referred to as the ‘‘public alert and warn26 ing system’’) to help ensure that under all conditions the President 

27 and, except to the extent the public alert and warning system is in use 

28 by the President, Federal agencies and State, tribal, and local govern29 ments can alert and warn the civilian population in areas endangered 

30 by natural disasters, acts of terrorism, and other man-made disasters 

31 or threats to public safety; and 

32 (2) implement the public alert and warning system to disseminate 

33 timely and effective warnings regarding natural disasters, acts of ter34 rorism, and other man-made disasters or threats to public safety. 

35 (b) IMPLEMENTATION REQUIREMENTS.—In carrying out subsection (a), 

36 the Administrator shall— 

37 (1) establish or adopt, as appropriate, common alerting and warning 

38 protocols, standards, terminology, and operating procedures for the 

39 public alert and warning system; 

40 (2) include in the public alert and warning system the capability to 

41 adapt the distribution and content of communications on the basis of 


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1 geographic location, risks, and multiple communication systems and 

2 technologies, as appropriate and to the extent technically feasible; 

3 (3) include in the public alert and warning system the capability to 

4 alert, warn, and provide equivalent information to individuals with dis5 abilities, individuals with access and functional needs, and individuals 

6 with limited-English proficiency, to the extent technically feasible; 

7 (4) ensure that training, tests, and exercises are conducted for the 

8 public alert and warning system, including by— 

9 (A) incorporating the public alert and warning system into other 

10 training and exercise programs of the Department, as appropriate; 

11 (B) establishing and integrating into the National Incident 

12 Management System a comprehensive and periodic training pro13 gram to instruct and educate Federal, State, tribal, and local gov14 ernment officials in the use of the Common Alerting Protocol en15 abled Emergency Alert System; and 

16 (C) conducting, not less than once every 3 years, periodic na17 tionwide tests of the public alert and warning system; 

18 (5) to the extent practicable, ensure that the public alert and warn19 ing system is resilient and secure and can withstand acts of terrorism 

20 and other external attacks; 

21 (6) conduct public education efforts so that State, tribal, and local 

22 governments, private entities, and the people of the United States rea23 sonably understand the functions of the public alert and warning sys24 tem and how to access, use, and respond to information from the public 

25 alert and warning system through a general market awareness cam26 paign; 

27 (7) consult, coordinate, and cooperate with the appropriate private28 sector entities and Federal, State, tribal, and local governmental au29 thorities, including the Regional Administrators and emergency re30 sponse providers; 

31 (8) consult and coordinate with the Federal Communications Com32 mission, taking into account rules and regulations promulgated by the 

33 Federal Communications Commission; and 

34 (9) coordinate with and consider the recommendations of the Inte35 grated Public Alert and Warning System Subcommittee established 

36 under section 2(b) of the Integrated Public Alert and Warning System 

37 Modernization Act of 2015 (Public Law 114–143, 130 Stat. 329). 

38 (c) SYSTEM REQUIREMENTS.—The public alert and warning system 

39 shall— 

40 (1) to the extent determined appropriate by the Administrator, incor41 porate multiple communications technologies; 


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1 (2) be designed to adapt to, and incorporate, future technologies for 

2 communicating directly with the public; 

3 (3) to the extent technically feasible, be designed— 

4 (A) to provide alerts to the largest portion of the affected popu5 lation feasible, including nonresident visitors and tourists, individ6 uals with disabilities, individuals with access and functional needs, 

7 and individuals with limited-English proficiency; and 

8 (B) to improve the ability of remote areas to receive alerts; 

9 (4) promote local and regional public and private partnerships to en10 hance community preparedness and response; 

11 (5) provide redundant alert mechanisms where practicable so as to 

12 reach the greatest number of people; and 

13 (6) to the extent feasible, include a mechanism to ensure the protec14 tion of individual privacy. 

15 (d) USE OF SYSTEM.—Except to the extent necessary for testing the pub16 lic alert and warning system, the public alert and warning system shall not 

17 be used to transmit a message that does not relate to a natural disaster, 

18 act of terrorism, or other man-made disaster or threat to public safety. 

19 (e) PERFORMANCE REPORTS.— 

20 (1) IN GENERAL.—Not later than April 11, 2017, and 2018, the Ad21 ministrator shall make available on the public website of the Agency 

22 a performance report, which shall— 

23 (A) establish performance goals for the implementation of the 

24 public alert and warning system by the Agency; 

25 (B) describe the performance of the public alert and warning 

26 system, including— 

27 (i) the type of technology used for alerts and warnings 

28 issued under the system; 

29 (ii) the measures taken to alert, warn, and provide equiva30 lent information to individuals with disabilities, individuals 

31 with access and functional needs, and individuals with lim32 ited-English proficiency; and 

33 (iii) the training, tests, and exercises performed and the 

34 outcomes obtained by the Agency; 

35 (C) identify significant challenges to the effective operation of 

36 the public alert and warning system and any plans to address the 

37 challenges; 

38 (D) identify other necessary improvements to the system; and 

39 (E) provide an analysis comparing the performance of the public 

40 alert and warning system with the performance goals established 

41 under subparagraph (A). 


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1 (2) SUBMISSION TO CONGRESS.—The Administrator shall submit to 

2 the Committee on Homeland Security and Governmental Affairs and 

3 the Committee on Commerce, Science, and Transportation of the Sen4 ate and the Committee on Transportation and Infrastructure and the 

5 Committee on Homeland Security of the House of Representatives each 

6 report required under paragraph (1). 

7 § 11124. National planning and education 

8 The Secretary shall, to the extent practicable— 

9 (1) include in national planning frameworks the threat of an EMP 

10 or GMD event; and 

11 (2) conduct outreach to educate owners and operators of critical in12 frastructure, emergency planners, and emergency response providers at 

13 all levels of government regarding threats of EMP and GMD. 

14 Chapter 113—Transportation Security 

15 Administration 

Subchapter I—General 

Sec. 

11301. Functions. 

11302. National emergency responsibilities. 

11303. Management of security information. 

11304. View of National Transportation Safety Board. 

11305. Acquisitions. 

11306. Transfers of funds. 

11307. Regulations. 

11308. Personnel and services. 

11309. Personnel management system. 

11310. Authority of Inspector General. 

11311. Law enforcement powers. 

11312. Authority to exempt. 

11313. Nondisclosure of security activities. 

11314. Transportation security strategic planning. 

11315. Transportation Security Information Sharing Plan. 

11316. Enforcement of certain regulations and orders of the Secretary. 

11317. Registered traveler fee. 

11318. Enhanced security measures. 

11319. Performance management system. 

11320. Voluntary provision of emergency services. 

11321. Disposition of unclaimed money and clothing. 

Subchapter II—Acquisition Improvements 

11331. Definitions. 

11332. Technology investment plan. 

11333. Acquisition justification and reports and certification. 

11334. Baseline establishment and reports. 

11335. Inventory utilization. 

11336. Small business contracting goals. 

11337. Consistency with Federal Acquisition Regulation and Department policies and directives. 

16 Subchapter I—General 

17 § 11301. Functions 

18 (a) FUNCTIONS.—The Administrator of the Transportation Security Ad19 ministration (in this chapter referred to as the ‘‘Administrator’’), is respon20 sible for security in all modes of transportation, including— 


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1 (1) carrying out chapter 409 of this title and related research and 

2 development activities; and 

3 (2) security responsibilities over other modes of transportation that 

4 were exercised by the Department of Transportation prior to March 1, 

5 2003. 

6 (b) SCREENING OPERATIONS.—The Administrator shall— 

7 (1) be responsible for day-to-day Federal security screening oper8 ations for passenger air transportation and intrastate air transpor9 tation under sections 40911 and 40953 of this title; 

10 (2) develop standards for the hiring and retention of security screen11 ing personnel; 

12 (3) train and test security screening personnel; and 

13 (4) be responsible for hiring and training personnel to provide secu14 rity screening at all airports in the United States where screening is 

15 required under section 40911 of this title, in consultation with the Sec16 retary of Transportation and the heads of other appropriate Federal 

17 agencies and departments. 

18 (c) ADDITIONAL DUTIES AND POWERS.—In addition to carrying out the 

19 functions specified in subsections (a) and (b), the Administrator shall— 

20 (1) receive, assess, and distribute intelligence information related to 

21 transportation security; 

22 (2) assess threats to transportation; 

23 (3) develop policies, strategies, and plans for dealing with threats to 

24 transportation security; 

25 (4) make other plans related to transportation security, including co26 ordinating countermeasures with appropriate departments, agencies, 

27 and instrumentalities of the United States Government; 

28 (5) serve as the primary liaison for transportation security to the in29 telligence and law enforcement communities; 

30 (6) on a day-to-day basis, manage and provide operational guidance 

31 to the field security resources of the Transportation Security Adminis32 tration, including Federal Security Managers as provided by section 

33 40951 of this title; 

34 (7) enforce security-related regulations and requirements; 

35 (8) identify and undertake research and development activities nec36 essary to enhance transportation security; 

37 (9) inspect, maintain, and test security facilities, equipment, and sys38 tems; 

39 (10) ensure the adequacy of security measures for the transportation 

40 of cargo; 


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1 (11) oversee the implementation, and ensure the adequacy, of secu2 rity measures at airports and other transportation facilities; 

3 (12) require background checks for airport security screening per4 sonnel, individuals with access to secure areas of airports, and other 

5 transportation security personnel; 

6 (13) work in conjunction with the Administrator of the Federal Avia7 tion Administration with respect to actions or activities that may affect 

8 aviation safety or air carrier operations; 

9 (14) work with the International Civil Aviation Organization and ap10 propriate aeronautic authorities of foreign governments under section 

11 40917 of this title, to address security concerns on passenger flights 

12 by foreign air carriers in foreign air transportation; and 

13 (15) carry out other duties, and exercise other powers, relating to 

14 transportation security the Administrator considers appropriate, to the 

15 extent authorized by law. 

16 § 11302. National emergency responsibilities 

17 (a) IN GENERAL.—The Administrator, during a national emergency, has 

18 the following responsibilities: 

19 (1) To coordinate domestic transportation, including aviation, rail, 

20 and other surface transportation, and maritime transportation (includ21 ing port security). 

22 (2) To coordinate and oversee the transportation-related responsibil23 ities of other departments and agencies of the Federal Government 

24 other than the Department of Defense and the military departments. 

25 (3) To coordinate and provide notice to other departments and agen26 cies of the Federal Government, and appropriate agencies of State and 

27 local governments, including departments and agencies for transpor28 tation, law enforcement, and border control, about threats to transpor29 tation. 

30 (4) To carry out other duties, and exercise other powers, relating to 

31 transportation during a national emergency, that the Secretary shall 

32 prescribe. 

33 (b) AUTHORITY OF OTHER DEPARTMENTS AND AGENCIES.—The author34 ity of the Administrator under this section shall not supersede the authority 

35 of another department or agency of the Federal Government under law with 

36 respect to transportation or transportation-related matters, whether or not 

37 during a national emergency. 

38 (c) CIRCUMSTANCES.—The Secretary shall prescribe the circumstances 

39 constituting a national emergency for purposes of this section. 


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1 § 11303. Management of security information 

2 In consultation with the Transportation Security Oversight Board, the 

3 Administrator shall— 

4 (1) enter into memoranda of understanding with Federal agencies or 

5 other entities to share or otherwise cross-check as necessary data on 

6 individuals identified on Federal agency databases who may pose a risk 

7 to transportation or national security; 

8 (2) establish procedures for notifying the Administrator of the Fed9 eral Aviation Administration, appropriate State and local law enforce10 ment officials, and airport or airline security officers of the identity of 

11 individuals known to pose, or suspected of posing, a risk of air piracy 

12 or terrorism or a threat to airline or passenger safety; 

13 (3) in consultation with other appropriate Federal agencies and air 

14 carriers, establish policies and procedures requiring air carriers— 

15 (A) to use information from government agencies to identify in16 dividuals on passenger lists who may be a threat to civil aviation 

17 or national security; and 

18 (B) if such an individual is identified, notify appropriate law en19 forcement agencies, prevent the individual from boarding an air20 craft, or take other appropriate action with respect to that indi21 vidual; and 

22 (4) consider requiring passenger air carriers to share passenger lists 

23 with appropriate Federal agencies for the purpose of identifying indi24 viduals who may pose a threat to aviation safety or national security. 

25 § 11304. View of National Transportation Safety Board 

26 In taking an action under this section that could affect safety, the Admin27 istrator shall give great weight to the timely views of the National Transpor28 tation Safety Board. 

29 § 11305. Acquisitions 

30 (a) IN GENERAL.—The Administrator may— 

31 (1) acquire (by purchase, lease, condemnation, or otherwise) real 

32 property, or an interest in the property, in and outside the continental 

33 United States, that the Administrator considers necessary; 

34 (2) acquire (by purchase, lease, condemnation, or otherwise) and to 

35 construct, repair, operate, and maintain personal property (including 

36 office space and patents), or an interest in the property, in and outside 

37 the continental United States, that the Administrator considers nec38 essary; 

39 (3) lease to others the real and personal property and to provide by 

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1 portation Security Administration employees and to acquire, maintain, 

2 and operate equipment for these facilities; 

3 (4) acquire services, including personal services the Secretary deter4 mines necessary, and to acquire (by purchase, lease, condemnation, or 

5 otherwise) and to construct, repair, operate, and maintain research and 

6 testing sites and facilities; and 

7 (5) in cooperation with the Administrator of the Federal Aviation 

8 Administration, utilize the research and development facilities of the 

9 Federal Aviation Administration. 

10 (b) TITLE.—Title to property or an interest in property acquired under 

11 this section shall be held by the Government of the United States. 

12 (c) CHARGE FOR LEASE OF REAL AND PERSONAL PROPERTY.—Notwith13 standing section 3302 of title 31, the Administrator may impose a reason14 able charge for the lease of real and personal property to Transportation 

15 Security Administration employees and for use by Transportation Security 

16 Administration employees and may credit amounts received to the appro17 priation or fund initially charged for operating and maintaining the prop18 erty. The amounts are available, without fiscal year limitation, for expendi19 ture for property management, operation, protection, construction, repair, 

20 alteration, and related activities. 

21 § 11306. Transfers of funds 

22 The Administrator may accept transfers of unobligated balances and un23 expended balances of funds appropriated to other Federal agencies (as the 

24 term ‘‘agency’’ is defined in section 551(1) of title 5) to carry out functions 

25 transferred, on or after November 19, 2001, by law to the Administrator. 

26 § 11307. Regulations 

27 (a) IN GENERAL.—The Administrator may issue, rescind, and revise reg28 ulations as necessary to carry out the functions of the Transportation Secu29 rity Administration. 

30 (b) EMERGENCY PROCEDURES.— 

31 (1) IN GENERAL.—Notwithstanding any other provision of law or ex32 ecutive order (including an executive order requiring a cost-benefit 

33 analysis), if the Administrator determines that a regulation or security 

34 directive must be issued immediately in order to protect transportation 

35 security, the Administrator shall issue the regulation or security direc36 tive without providing notice or an opportunity for comment and with37 out prior approval of the Secretary. 

38 (2) REVIEW BY TRANSPORTATION SECURITY OVERSIGHT BOARD.—A 

39 regulation or security directive issued under this subsection shall be 

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1 rective issued under this subsection shall remain effective for a period 

2 not to exceed 90 days unless ratified or disapproved by the Board or 

3 rescinded by the Secretary. 

4 (c) FACTORS TO CONSIDER.—In determining whether to issue, rescind, 

5 or revise a regulation under this chapter, the Administrator shall consider, 

6 as a factor in the final determination, whether the costs of the regulation 

7 are excessive in relation to the enhancement of security the regulation will 

8 provide. The Administrator may waive requirements for an analysis that es9 timates the number of lives that will be saved by the regulation and the 

10 monetary value of lives if the Administrator determines that it is not fea11 sible to make an estimate. 

12 (d) AIRWORTHINESS OBJECTIONS BY FEDERAL AVIATION ADMINISTRA13 TION.— 

14 (1) IN GENERAL.—The Administrator shall not take an aviation se15 curity action under this title if the Administrator of the Federal Avia16 tion Administration notifies the Administrator that the action could ad17 versely affect the airworthiness of an aircraft. 

18 (2) REVIEW BY ADMINISTRATOR.—Notwithstanding paragraph (1), 

19 the Administrator may take an aviation security action, after receiving 

20 a notification concerning the action from the Administrator of the Fed21 eral Aviation Administration under paragraph (1), if the Secretary sub22 sequently approves the action. 

23 § 11308. Personnel and services 

24 (a) AUTHORITY OF ADMINISTRATOR.—In carrying out the functions of 

25 the Transportation Security Administration, the Administrator has the same 

26 authority as is provided to the Administrator of the Federal Aviation Ad27 ministration under subsections (l) and (m) of section 106 of title 49. 

28 (b) AUTHORITY OF AGENCY HEADS.—The head of a Federal agency shall 

29 have the same authority to provide services, supplies, equipment, personnel, 

30 and facilities to the Secretary as the head has to provide services, supplies, 

31 equipment, personnel, and facilities to the Administrator of the Federal 

32 Aviation Administration under section 106(m) of title 49. 

33 § 11309. Personnel management system 

34 (a) IN GENERAL.—The personnel management system established by the 

35 Administrator of the Federal Aviation Administration under section 40122 

36 of title 49 applies to employees of the Transportation Security Administra37 tion 

38 (b) MODIFICATIONS.—Subject to the requirements of section 40122 of 

39 title 49, the Administrator may make modifications to the personnel man40 agement system with respect to such employees as the Administrator con41 siders appropriate. 


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1 § 11310. Authority of Inspector General 

2 The Transportation Security Administration is subject to the Inspector 

3 General Act of 1978 (5 U.S.C. App.) and other laws relating to the author4 ity of the Inspector General of the Department. 

5 § 11311. Law enforcement powers 

6 (a) IN GENERAL.—The Administrator may designate an employee of the 

7 Transportation Security Administration or other Federal agency to serve as 

8 a law enforcement officer. 

9 (b) POWERS.—While engaged in official duties of the Transportation Se10 curity Administration as required to fulfill the responsibilities under this 

11 section, a law enforcement officer designated under paragraph (1) may— 

12 (1) carry a firearm; 

13 (2) make an arrest without a warrant for any offense against the 

14 United States committed in the presence of the officer, or for any fel15 ony cognizable under the laws of the United States if the officer has 

16 probable cause to believe that the person to be arrested has committed 

17 or is committing the felony; and 

18 (3) seek and execute warrants for arrest or seizure of evidence issued 

19 under the authority of the United States upon probable cause that a 

20 violation has been committed. 

21 (c) GUIDELINES ON EXERCISE OF AUTHORITY.—The authority provided 

22 by this section shall be exercised in accordance with guidelines prescribed 

23 by the Administrator, in consultation with the Attorney General, and shall 

24 include adherence to the Attorney General’s policy on use of deadly force. 

25 (d) REVOCATION OR SUSPENSION OF AUTHORITY.—The powers author26 ized by this section may be rescinded or suspended should the Attorney 

27 General determine that the Administrator has not complied with the guide28 lines prescribed in paragraph (3) and conveys the determination in writing 

29 to the Secretary and the Administrator. 

30 § 11312. Authority to exempt 

31 The Administrator may grant an exemption from a regulation prescribed 

32 in carrying out this chapter if the Administrator determines that the exemp33 tion is in the public interest. 

34 § 11313. Nondisclosure of security activities 

35 (a) IN GENERAL.—Notwithstanding section 552 of title 5, the Adminis36 trator shall prescribe regulations prohibiting the disclosure of information 

37 obtained or developed in carrying out security under authority of chapter 

38 409 of this title or the Aviation and Transportation Security Act (Public 

39 Law 107–71, 115 Stat. 597) if the Administrator decides that disclosing the 

40 information would— 

41 (1) be an unwarranted invasion of personal privacy; 


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1 (2) reveal a trade secret or privileged or confidential commercial or 

2 financial information; or 

3 (3) be detrimental to the security of transportation. 

4 (b) AVAILABILITY OF INFORMATION TO CONGRESS.—Subsection (a) does 

5 not authorize information to be withheld from a committee of Congress au6 thorized to have the information. 

7 (c) LIMITATION ON TRANSFERABILITY OF DUTIES.—Except as otherwise 

8 provided by law, the Administrator may not transfer a duty or power under 

9 this section to another department, agency, or instrumentality of the United 

10 States. 

11 (d) LIMITATIONS.—Nothing in this section, or any other provision of law, 

12 shall be construed to authorize the designation of information as sensitive 

13 security information (as defined in section 1520.5 of title 49, Code of Fed14 eral Regulations)— 

15 (1) to conceal a violation of law, inefficiency, or administrative error; 

16 (2) to prevent embarrassment to a person, organization, or agency; 

17 (3) to restrain competition; or 

18 (4) to prevent or delay the release of information that does not re19 quire protection in the interest of transportation security, including 

20 basic scientific research information not clearly related to transpor21 tation security. 

22 § 11314. Transportation security strategic planning 

23 (a) IN GENERAL.—The Secretary shall develop, prepare, implement, and 

24 update, as needed— 

25 (1) a National Strategy for Transportation Security; and 

26 (2) transportation modal security plans addressing security risks, in27 cluding threats, vulnerabilities, and consequences, for aviation, railroad, 

28 ferry, highway, maritime, pipeline, public transportation, over-the-road 

29 bus, and other transportation infrastructure assets. 

30 (b) ROLE OF SECRETARY OF TRANSPORTATION.—The Secretary shall 

31 work jointly with the Secretary of Transportation in developing, revising, 

32 and updating the documents required by paragraph (1). 

33 (c) CONTENTS OF NATIONAL STRATEGY FOR TRANSPORTATION SECU34 RITY.—The National Strategy for Transportation Security shall include the 

35 following: 

36 (1) An identification and evaluation of the transportation assets in 

37 the United States that, in the interests of national security and com38 merce, must be protected from attack or disruption by terrorist or 

39 other hostile forces, including modal security plans for aviation, bridge 

40 and tunnel, commuter rail and ferry, highway, maritime, pipeline, rail, 


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1 mass transit, over-the-road bus, and other public transportation infra2 structure assets that could be at risk of attack or disruption. 

3 (2) The development of risk-based priorities, based on risk assess4 ments conducted or received by the Secretary (including assessments 

5 conducted under the Implementing Recommendations of the 9/11 Com6 mission Act of 2007 (Public Law 110–53, 121 Stat. 266)), across all 

7 transportation modes and realistic deadlines for addressing security 

8 needs associated with those assets referred to in paragraph (1). 

9 (3) The most appropriate, practical, and cost-effective means of de10 fending those assets against threats to their security. 

11 (4) A forward-looking strategic plan that sets forth the agreed upon 

12 roles and missions of Federal, State, regional, local, and tribal authori13 ties and establishes mechanisms for encouraging cooperation and par14 ticipation by private-sector entities, including nonprofit employee labor 

15 organizations, in the implementation of the plan. 

16 (5) A comprehensive delineation of prevention, response, and recov17 ery responsibilities and issues regarding threatened and executed acts 

18 of terrorism within the United States and threatened and executed acts 

19 of terrorism outside the United States to the extent the acts affect 

20 United States transportation systems. 

21 (6) A prioritization of research and development objectives that sup22 port transportation security needs, giving a higher priority to research 

23 and development directed toward protecting vital transportation assets. 

24 Transportation security research and development projects shall be 

25 based, to the extent practicable, on the prioritization. Nothing in the 

26 preceding sentence shall be construed to require the termination of a 

27 research or development project initiated by the Secretary or the Sec28 retary of Transportation before August 3, 2007. 

29 (7) A 3- and 10-year budget for Federal transportation security pro30 grams that will achieve the priorities of the National Strategy for 

31 Transportation Security. 

32 (8) Methods for linking the individual transportation modal security 

33 plans and the programs contained therein, and a plan for addressing 

34 the security needs of intermodal transportation. 

35 (9) Transportation modal security plans described in subsection 

36 (a)(2), including operational recovery plans to expedite, to the max37 imum extent practicable, the return to operation of an adversely af38 fected transportation system following a major terrorist attack on that 

39 system or other incident. These plans shall be coordinated with the re40 sumption of trade protocols required under section 30502 of this title 


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1 and the National Maritime Transportation Security Plan required 

2 under section 70103(a) of title 46. 

3 (d) SUBMISSIONS OF PLANS TO CONGRESS.— 

4 (1) DEFINITION OF APPROPRIATE CONGRESSIONAL COMMITTEES.— 

5 In this subsection, the term ‘‘appropriate congressional committees’’ 

6 means the Committee on Transportation and Infrastructure and the 

7 Committee on Homeland Security of the House of Representatives and 

8 the Committee on Commerce, Science, and Transportation, the Com9 mittee on Homeland Security and Governmental Affairs, and the Com10 mittee on Banking, Housing, and Urban Affairs of the Senate. 

11 (2) BIENNIAL STRATEGY REPORT.—The Secretary shall submit the 

12 National Strategy for Transportation Security, including the transpor13 tation modal security plans and any revisions to the National Strategy 

14 for Transportation Security and the transportation modal security 

15 plans, to appropriate congressional committees not less frequently than 

16 April 1 of each even-numbered year. 

17 (3) PERIODIC PROGRESS REPORT.— 

18 (A) REQUIREMENT FOR REPORT.—Each year, in conjunction 

19 with the submission of the budget to Congress under section 

20 1105(a) of title 31, the Secretary shall submit to the appropriate 

21 congressional committees an assessment of the progress made on 

22 implementing the National Strategy for Transportation Security, 

23 including the transportation modal security plans. 

24 (B) CONTENT.—Each progress report submitted under this 

25 paragraph shall include, at a minimum, the following: 

26 (i) Recommendations for improving and implementing the 

27 National Strategy for Transportation Security and the trans28 portation modal and intermodal security plans that the Sec29 retary of Homeland Security, in consultation with the Sec30 retary of Transportation, considers appropriate. 

31 (ii) An accounting of all grants for transportation security, 

32 including grants and contracts for research and development, 

33 awarded by the Secretary in the most recent fiscal year and 

34 a description of how the grants accomplished the goals of the 

35 National Strategy for Transportation Security. 

36 (iii) An accounting of all— 

37 (I) funds requested in the President’s budget sub38 mitted pursuant to section 1105 of title 31 for the most 

39 recent fiscal year for transportation security, by mode; 

40 (II) personnel working on transportation security by 

41 mode, including the number of contractors; and 


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1 (III) information on the turnover in the previous year 

2 among senior staff of the Department, including compo3 nent agencies, working on transportation security issues. 

4 The information shall include the number of employees 

5 who have permanently left the office, agency, or area in 

6 which they worked, and the amount of time that they 

7 worked for the Department. 

8 (C) WRITTEN EXPLANATION OF TRANSPORTATION SECURITY

9 ACTIVITIES NOT DELINEATED IN THE NATIONAL STRATEGY FOR

10 TRANSPORTATION SECURITY.—At the end of each fiscal year, the 

11 Secretary shall submit to the appropriate congressional committees 

12 a written explanation of a Federal transportation security activity 

13 that is inconsistent with the National Strategy for Transportation 

14 Security, including the amount of funds to be expended for the ac15 tivity and the number of personnel involved. 

16 (4) CLASSIFIED MATERIAL.—Any part of the National Strategy for 

17 Transportation Security, or any part of the transportation modal secu18 rity plans, that involves information that is properly classified under 

19 criteria established by Executive order shall be submitted to the appro20 priate congressional committees separately in a classified format. 

21 (e) PRIORITY STATUS.— 

22 (1) IN GENERAL.—The National Strategy for Transportation Secu23 rity shall be the governing document for Federal transportation secu24 rity efforts. 

25 (2) OTHER PLANS AND REPORTS.—The National Strategy for Trans26 portation Security shall include, as an integral part or as an appen27 dix— 

28 (A) the current National Maritime Transportation Security Plan 

29 under section 70103 of title 46; 

30 (B) the report required by section 40956 of this title; 

31 (C) transportation modal security plans required under this 

32 chapter; 

33 (D) the transportation sector specific plan required under 

34 Homeland Security Presidential Directive–7; and 

35 (E) another transportation security plan or report that the Sec36 retary determines appropriate for inclusion. 

37 (f) COORDINATION.—In carrying out the responsibilities under this sec38 tion, the Secretary, in coordination with the Secretary of Transportation, 

39 shall consult, as appropriate, with Federal, State, and local agencies, tribal 

40 governments, private-sector entities (including nonprofit employee labor or41 ganizations), institutions of higher learning, and other entities. 


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1 (g) PLAN DISTRIBUTION.—The Secretary shall make available and appro2 priately publicize an unclassified version of the National Strategy for Trans3 portation Security, including its component transportation modal security 

4 plans, to Federal, State, regional, local and tribal authorities, transportation 

5 system owners or operators, private-sector stakeholders, including nonprofit 

6 employee labor organizations representing transportation employees, institu7 tions of higher learning, and other appropriate entities. 

8 § 11315. Transportation Security Information Sharing Plan 

9 (a) DEFINITIONS.—In this section: 

10 (1) APPROPRIATE CONGRESSIONAL COMMITTEES.—The term ‘‘appro11 priate congressional committees’’ has the meaning given the term in 

12 section 11314 of this title. 

13 (2) PLAN.—The term ‘‘Plan’’ means the Transportation Security In14 formation Sharing Plan established under subsection (b). 

15 (3) PUBLIC AND PRIVATE STAKEHOLDERS.—The term ‘‘public and 

16 private stakeholders’’ means Federal, State, and local agencies, tribal 

17 governments, and appropriate private entities, including nonprofit em18 ployee labor organizations representing transportation employees. 

19 (4) TRANSPORTATION SECURITY INFORMATION.—The term ‘‘trans20 portation security information’’ means information relating to the risks 

21 to transportation modes, including aviation, public transportation, rail22 road, ferry, highway, maritime, pipeline, and over-the-road bus trans23 portation, and may include specific and general intelligence products, 

24 as appropriate. 

25 (b) ESTABLISHMENT OF PLAN.—The Secretary, acting through the Ad26 ministrator and in consultation with the program manager of the informa27 tion sharing environment established under section 11708 of this title, the 

28 Secretary of Transportation, and public and private stakeholders, shall es29 tablish a Transportation Security Information Sharing Plan. In establishing 

30 the Plan, the Secretary shall gather input on the development of the Plan 

31 from private and public stakeholders and the program manager of the infor32 mation sharing environment established under section 11708 of this title. 

33 (c) PURPOSE OF PLAN.—The Plan shall promote sharing of transpor34 tation security information between the Department of Homeland Security 

35 and public and private stakeholders. 

36 (d) CONTENT OF PLAN.—The Plan shall include— 

37 (1) a description of how intelligence analysts in the Department will 

38 coordinate their activities in the Department and with other Federal, 

39 State, and local agencies, and tribal governments, including coordina40 tion with existing modal information sharing centers and the center de41 scribed in section 40508 of this title; 


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1 (2) the establishment of a point of contact, which may be a single 

2 point of contact in the Department, for each mode of transportation 

3 for the sharing of transportation security information with public and 

4 private stakeholders, including an explanation and justification to the 

5 appropriate congressional committees if the point of contact established 

6 under this paragraph differs from the agency within the Department 

7 that has the primary authority, or has been delegated the authority by 

8 the Secretary, to regulate the security of that transportation mode; 

9 (3) a reasonable deadline by which the Plan will be implemented; and 

10 (4) a description of resource needs for fulfilling the Plan. 

11 (e) COORDINATION WITH INFORMATION SHARING.—The Plan shall be— 

12 (1) implemented in coordination, as appropriate, with the program 

13 manager for the information sharing environment established under 

14 section 11708 of this title; and 

15 (2) consistent with the establishment of the information sharing en16 vironment and policies, guidelines, procedures, instructions, or stand17 ards established by the President or the program manager for the im18 plementation and management of the information sharing environment. 

19 (f) REPORTS TO CONGRESS.—The Secretary shall, not later than Decem20 ber 31 each year, submit to the appropriate congressional committees, a re21 port containing the Plan. 

22 (g) COMPTROLLER GENERAL SURVEY AND REPORT.— 

23 (1) BIENNIAL SURVEY.— 

24 (A) IN GENERAL.—The Comptroller General shall conduct a bi25 ennial survey of the satisfaction of recipients of transportation in26 telligence reports disseminated under the Plan. 

27 (B) INFORMATION SOUGHT.—The survey conducted under sub28 paragraph (A) shall seek information about the quality, speed, reg29 ularity, and classification of the transportation security informa30 tion products disseminated by the Department to public and pri31 vate stakeholders. 

32 (2) REPORT.—The Comptroller General shall, each even-numbered 

33 year, submit to the appropriate congressional committees, a report on 

34 the results of the survey conducted under paragraph (1). The Comp35 troller General shall also provide a copy of the report to the Secretary. 

36 (h) SECURITY CLEARANCES.—The Secretary shall, to the greatest extent 

37 practicable, take steps to expedite the security clearances needed for des38 ignated public and private stakeholders to receive and obtain access to clas39 sified information distributed under this section, as appropriate. 


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1 (i) CLASSIFICATION OF MATERIAL.—The Secretary, to the greatest extent 

2 practicable, shall provide designated public and private stakeholders with 

3 transportation security information in an unclassified format. 

4 (j) STAKEHOLDER SEMIANNUAL REPORT.— 

5 (1) IN GENERAL.—Except as provided in paragraph (2), the Sec6 retary shall provide a semiannual report to the appropriate congres7 sional committees that includes— 

8 (A) the number of public and private stakeholders who were 

9 provided with each report on the Plan; 

10 (B) a description of the measures the Secretary has taken, 

11 under subsection (g) or otherwise, to ensure proper treatment and 

12 security for classified information to be shared with the public and 

13 private stakeholders under the Plan; and 

14 (C) an explanation of the reason for the denial of transportation 

15 security information to a stakeholder who had previously received 

16 the information. 

17 (2) WHEN REPORT NOT REQUIRED.—The Secretary is not required 

18 to provide a semiannual report under paragraph (1) if no stakeholders 

19 have been added to or removed from the group of persons with whom 

20 transportation security information is shared under the plan since the 

21 end of the period covered by the last preceding semiannual report. 

22 § 11316. Enforcement of certain regulations and orders of 

23 the Secretary 

24 (a) DEFINITIONS.—In this section: 

25 (1) PERSON.—The term ‘‘person’’ does not include— 

26 (A) the United States Postal Service; or 

27 (B) the Department of Defense. 

28 (2) SMALL BUSINESS CONCERN.—The term ‘‘small business concern’’ 

29 has the meaning given the term in section 3 of the Small Business Act 

30 (15 U.S.C. 632). 

31 (b) APPLICABILITY OF SECTION.— 

32 (1) IN GENERAL.—This section applies to the enforcement of regula33 tions prescribed, and orders issued, by the Secretary under a provision 

34 of chapter 701 of title 46 or under a provision of title 49 other than 

35 a provision of former chapter 449 (in this section referred to as an 

36 ‘‘applicable provision of title 49’’). 

37 (2) VIOLATIONS OF FORMER CHAPTER 449 OF TITLE 49.—The pen38 alties under chapter 125 of title 18 and chapter 182 of title 28 apply 

39 to violations of regulations prescribed and orders issued by the Sec40 retary under former chapter 449 of title 49. 

41 (3) NON-APPLICABILITY TO CERTAIN VIOLATIONS.— 


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1 (A) IN GENERAL.—Subsections (c) through (f) do not apply to 

2 violations of regulations prescribed, and orders issued, by the Sec3 retary under a provision of title 49— 

4 (i) involving the transportation of personnel or shipments 

5 of materials by contractors where the Department of Defense 

6 has assumed control and responsibility; 

7 (ii) by a member of the armed forces of the United States 

8 when performing official duties; or 

9 (iii) by a civilian employee of the Department of Defense 

10 when performing official duties. 

11 (B) ALTERNATIVE PENALTIES.—Violations described in clause 

12 (i), (ii), or (iii) of subparagraph (A) shall be subject to penalties 

13 as determined by the Secretary of Defense or the designee of the 

14 Secretary of Defense. 

15 (c) CIVIL PENALTY.— 

16 (1) IN GENERAL.—A person is liable to the United States Govern17 ment for a civil penalty of not more than $10,000 for a violation of 

18 a regulation prescribed, or order issued, by the Secretary under an ap19 plicable provision of title 49. 

20 (2) REPEAT VIOLATIONS.—A separate violation occurs under this 

21 subsection for each day the violation continues. 

22 (d) ADMINISTRATIVE IMPOSITION OF CIVIL PENALTIES.— 

23 (1) IN GENERAL.—The Secretary may impose a civil penalty for a 

24 violation of a regulation prescribed, or order issued, under an applica25 ble provision of title 49. The Secretary shall give written notice of the 

26 finding of a violation and the penalty. 

27 (2) SCOPE OF CIVIL ACTION.—In a civil action to collect a civil pen28 alty imposed by the Secretary under this section, a court may not re29 examine issues of liability or the amount of the penalty. 

30 (3) JURISDICTION.—The district courts of the United States shall 

31 have exclusive jurisdiction of civil actions to collect a civil penalty im32 posed by the Secretary under this section if— 

33 (A) the amount in controversy is more than— 

34 (i) $400,000, if the violation was committed by a person 

35 other than an individual or small business concern; or 

36 (ii) $50,000 if the violation was committed by an individual 

37 or small business concern; 

38 (B) the action is in rem or another action in rem based on the 

39 same violation has been brought; or 

40 (C) another action has been brought for an injunction based on 

41 the same violation. 


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1 (4) MAXIMUM PENALTY.—The maximum civil penalty the Secretary 

2 administratively may impose under this subsection is— 

3 (A) $400,000, if the violation was committed by a person other 

4 than an individual or small business concern; or 

5 (B) $50,000, if the violation was committed by an individual or 

6 small business concern. 

7 (5) NOTICE AND OPPORTUNITY TO REQUEST HEARING.—Before im8 posing a penalty under this chapter, the Secretary shall provide to the 

9 person against whom the penalty is to be imposed— 

10 (A) written notice of the proposed penalty; and 

11 (B) the opportunity to request a hearing on the proposed pen12 alty, if the Secretary receives the request not later than 30 days 

13 after the date on which the person receives notice. 

14 (e) COMPROMISE AND SETOFF.— 

15 (1) COMPROMISE.—The Secretary may compromise the amount of a 

16 civil penalty imposed under this section. 

17 (2) SETOFF.—The United States Government may deduct the 

18 amount of a civil penalty imposed or compromised under this section 

19 from amounts it owes the person liable for the penalty. 

20 (f) INVESTIGATIONS AND PROCEEDINGS.—Subchapter IV of chapter 409 

21 of this title applies to investigations and proceedings brought under this sec22 tion to the same extent that chapter 461 of title 49 applies to investigations 

23 and proceedings brought with respect to aviation security duties designated 

24 to be carried out by the Secretary. 

25 (g) ENFORCEMENT TRANSPARENCY.— 

26 (1) IN GENERAL.—The Secretary shall, not later than December 31 

27 each year— 

28 (A) provide an annual summary to the public of all enforcement 

29 actions taken by the Secretary under this section; and 

30 (B) include in each summary the docket number of each en31 forcement action, the type of alleged violation, the penalty or pen32 alties proposed, and the final assessment amount of each penalty. 

33 (2) ELECTRONIC AVAILABILITY.—Each summary under this sub34 section shall be made available to the public by electronic means. 

35 (3) RELATIONSHIP TO FREEDOM OF INFORMATION ACT AND PRIVACY

36 ACT.—Nothing in this subsection shall be construed to require disclo37 sure of information or records that are exempt from disclosure under 

38 section 552 or 552a of title 5. 

39 § 11317. Registered traveler fee 

40 Notwithstanding section 553 of title 5, the Secretary shall impose a fee 

41 for a registered traveler program undertaken by the Department by notice 


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1 in the Federal Register, and may modify the fee from time to time by notice 

2 in the Federal Register. Fees shall not exceed the aggregate costs associated 

3 with the program, shall be credited to the Transportation Security Adminis4 tration registered traveler fee account, and are available until expended. 

5 § 11318. Enhanced security measures 

6 (a) IN GENERAL.—The Administrator may take the following actions: 

7 (1) Require effective 911 emergency call capability for telephones 

8 serving passenger aircraft and passenger trains. 

9 (2) Establish a uniform system of identification for all State and 

10 local law enforcement personnel for use in obtaining permission to 

11 carry weapons in aircraft cabins and in obtaining access to a secured 

12 area of an airport, if otherwise authorized to carry the weapons. 

13 (3) Establish requirements to implement trusted passenger programs 

14 and use available technologies to expedite the security screening of pas15 sengers who participate in the programs, thereby allowing security 

16 screening personnel to focus on those passengers who should be subject 

17 to more extensive screening. 

18 (4) In consultation with the Commissioner of the Food and Drug 

19 Administration, develop alternative security procedures under which a 

20 medical product to be transported on a flight of an air carrier would 

21 not be subject to an inspection that would irreversibly damage the 

22 product. 

23 (5) Provide for the use of technologies, including wireless and wire 

24 line data technologies, to enable the private and secure communication 

25 of threats to aid in the screening of passengers and other individuals 

26 on airport property who are identified on any State or Federal security27 related data base for the purpose of having an integrated response co28 ordination of various authorized airport security forces. 

29 (6) In consultation with the Administrator of the Federal Aviation 

30 Administration, consider whether to require all pilot licenses to incor31 porate a photograph of the license holder and appropriate biometric im32 prints. 

33 (7) Provide for the use of voice stress analysis, biometric, or other 

34 technologies to prevent a person who might pose a danger to air safety 

35 or security from boarding the aircraft of an air carrier or foreign air 

36 carrier in air transportation or intrastate air transportation. 

37 (8) Provide for the use of technology that will permit enhanced in38 stant communications and information between airborne passenger air39 craft and appropriate individuals or facilities on the ground. 

40 (9) Require that air carriers provide flight attendants with a dis41 creet, hands-free, wireless method of communicating with the pilots. 


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1 (b) ANNUAL REPORT.—Until the Administrator has implemented or de2 cided not to take each of the actions specified in subsection (a), the Admin3 istrator shall transmit to Congress by May 19 each year a report on the 

4 progress of the Administrator in evaluating and taking the actions, includ5 ing legislative recommendations that the Secretary may have for enhancing 

6 transportation security. 

7 § 11319. Performance management system 

8 (a) ESTABLISHING A FAIR AND EQUITABLE SYSTEM FOR MEASURING

9 STAFF PERFORMANCE.—The Administrator shall establish a performance 

10 management system that strengthens the organization’s effectiveness by 

11 providing for the establishment of goals and objectives for managers, em12 ployees, and organizational performance consistent with the performance 

13 plan. 

14 (b) ESTABLISHING MANAGEMENT ACCOUNTABILITY FOR MEETING PER15 FORMANCE GOALS.— 

16 (1) ADMINISTRATOR.—Each year, the Secretary and the Adminis17 trator shall enter into an annual performance agreement that shall set 

18 forth organizational and individual performance goals for the Adminis19 trator. 

20 (2) SENIOR MANAGERS.—Each year, the Administrator and each 

21 senior manager who reports to the Administrator shall enter into an 

22 annual performance agreement that sets forth organization and indi23 vidual goals for those managers. All other employees hired under the 

24 authority of the Transportation Security Administration shall enter 

25 into an annual performance agreement that sets forth organization and 

26 individual goals for those employees. 

27 (c) PERFORMANCE-BASED SERVICE CONTRACTING.—To the extent con28 tracts are used to implement the Aviation and Transportation Security Act 

29 (Public Law 107–71, 115 Stat. 597), the Administrator shall, to the extent 

30 practical, maximize the use of performance-based service contracts. These 

31 contracts should be consistent with guidelines published by the Office of 

32 Federal Procurement Policy. 

33 § 11320. Voluntary provision of emergency services 

34 (a) PROGRAM FOR PROVISION OF VOLUNTARY SERVICES.— 

35 (1) PROGRAM.—The Administrator shall carry out a program to per36 mit qualified law enforcement officers, firefighters, and emergency med37 ical technicians to provide emergency services on commercial air flights 

38 during emergencies. 

39 (2) REQUIREMENTS.—The Administrator shall establish require40 ments for qualifications of providers of voluntary services under the 


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1 program under paragraph (1), including training requirements, that 

2 the Administrator considers appropriate. 

3 (3) CONFIDENTIALITY OF REGISTRY.—If as part of the program 

4 under paragraph (1), the Administrator requires or permits registra5 tion of law enforcement officers, firefighters, or emergency medical 

6 technicians who are willing to provide emergency services on commer7 cial flights during emergencies, the Administrator shall take appro8 priate actions to ensure that the registry is available only to appro9 priate airline personnel and otherwise remains confidential. 

10 (4) CONSULTATION.—The Administrator shall consult with appro11 priate representatives of the commercial airline industry, and organiza12 tions representing community-based law enforcement, firefighters, and 

13 emergency medical technicians, in carrying out the program under 

14 paragraph (1), including the actions taken under paragraph (3). 

15 (b) EXEMPTION FROM LIABILITY.—An individual is not liable for dam16 ages in an action brought in a Federal or State court that arises from an 

17 act or omission of the individual in providing or attempting to provide as18 sistance in the case of an in-flight emergency in an aircraft of an air carrier 

19 if the individual meets qualifications as the Administrator prescribes for 

20 purposes of this section. 

21 (c) EXCEPTION.—The exemption under subsection (b) shall not apply in 

22 a case in which an individual provides, or attempts to provide, assistance 

23 described in subsection (b) in a manner that constitutes gross negligence 

24 or willful misconduct. 

25 § 11321. Disposition of unclaimed money and clothing 

26 (a) IN GENERAL.— 

27 (1) DISPOSITION OF UNCLAIMED MONEY.—Notwithstanding section 

28 3302 of title 31, unclaimed money recovered at an airport security 

29 checkpoint— 

30 (A) shall be retained by the Transportation Security Adminis31 tration; and 

32 (B) shall remain available until expended for the purpose of pro33 viding civil aviation security as required in this chapter. 

34 (2) DISPOSITION OF UNCLAIMED CLOTHING.— 

35 (A) IN GENERAL.—In disposing of unclaimed clothing recovered 

36 at any airport security checkpoint, the Administrator shall make 

37 every reasonable effort, in consultation with the Secretary of Vet38 erans Affairs, to transfer the clothing to the local airport authority 

39 or other local authorities for donation to charity, including local 

40 veterans organizations or other local charitable organizations for 

41 distribution to homeless or needy veterans and veteran families. 


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1 (B) AGREEMENTS.—In implementing paragraph (1), the Ad2 ministrator may enter into agreements with airport authorities. 

3 (C) OTHER CHARITABLE ARRANGEMENTS.—Nothing in this 

4 subsection prevents an airport or the Transportation Security Ad5 ministration from donating unclaimed clothing to a charitable or6 ganization of their choosing. 

7 (D) LIMITATION.—Nothing in this subsection creates a cost to 

8 the Government. 

9 (b) ANNUAL REPORT.—The Administrator shall transmit annually to the 

10 Committee on Transportation and Infrastructure of the House of Rep11 resentatives; the Committee on Appropriations of the House of Representa12 tives; the Committee on Commerce, Science and Transportation of the Sen13 ate; and the Committee on Appropriations of the Senate, a report that con14 tains a detailed description of the amount of unclaimed money recovered in 

15 total and at each individual airport, and specifies how the unclaimed money 

16 is being used to provide civil aviation security. 

17 Subchapter II—Acquisition Improvements 

18 § 11331. Definitions 

19 In this subchapter: 

20 (1) PLAN.—The term ‘‘Plan’’ means the strategic 5-year technology 

21 investment plan the Administrator develops under section 11332 of this 

22 title. 

23 (2) SECURITY-RELATED TECHNOLOGY.—The term ‘‘security-related 

24 technology’’ means any technology that assists the Transportation Se25 curity Administration in the prevention of, or defense against, threats 

26 to United States transportation systems, including threats to people, 

27 property, and information. 

28 § 11332. Technology investment plan 

29 (a) IN GENERAL.—The Administrator— 

30 (1) shall develop and submit to Congress a strategic 5-year tech31 nology investment plan that may include a classified addendum to re32 port sensitive transportation security risks, technology vulnerabilities, 

33 or other sensitive security information; and 

34 (2) to the extent possible, shall publish the Plan in an unclassified 

35 format in the public domain after it is approved by the Secretary. 

36 (b) CONSULTATION.—The Administrator shall develop the Plan in con37 sultation with— 

38 (1) the Under Secretary for Management; 

39 (2) the Under Secretary for Science and Technology; 

40 (3) the Chief Information Officer; and 


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1 (4) the aviation stakeholder advisory committee established by the 

2 Administrator. 

3 (c) CONTENTS.—The Plan shall include— 

4 (1) an analysis of transportation security risks and the associated ca5 pability gaps that would be best addressed by security-related tech6 nology, including consideration of the most recent quadrennial home7 land security review under section 11506 of this title; 

8 (2) a set of security-related technology acquisition needs that— 

9 (A) is prioritized based on risk and associated capability gaps 

10 identified under paragraph (1); and 

11 (B) includes planned technology programs and projects with de12 fined objectives, goals, timelines, and measures; 

13 (3) an analysis of current and forecast trends in domestic and inter14 national passenger travel; 

15 (4) an identification of currently deployed security-related tech16 nologies that are at or near the end of their lifecycles; 

17 (5) an identification of test, evaluation, modeling, and simulation ca18 pabilities, including target methodologies, rationales, and timelines nec19 essary to support the acquisition of the security-related technologies ex20 pected to meet the needs under paragraph (2); 

21 (6) an identification of opportunities for public-private partnerships, 

22 small and disadvantaged company participation, intragovernment col23 laboration, university centers of excellence, and national laboratory 

24 technology transfer; 

25 (7) an identification of the Transportation Security Administration’s 

26 acquisition workforce needs for the management of planned security27 related technology acquisitions, including consideration of leveraging 

28 acquisition expertise of other Federal agencies; 

29 (8) an identification of the security resources, including information 

30 security resources, that will be required to protect security-related tech31 nology from physical or cyber theft, diversion, sabotage, or attack; 

32 (9) an identification of initiatives to streamline the Transportation 

33 Security Administration’s acquisition process and provide greater pre34 dictability and clarity to small, medium, and large businesses, including 

35 the timelines for testing and evaluation; 

36 (10) an assessment of the impact to commercial aviation passengers; 

37 (11) a strategy for consulting airport management, air carrier rep38 resentatives, and Federal security directors when an acquisition will 

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1 tential negative impacts on commercial passengers or airport oper2 ations; and 

3 (12) in consultation with the National Institute of Standards and 

4 Technology, an identification of security-related technology interface 

5 standards, in existence or if implemented, that could promote more 

6 interoperable passenger, baggage, and cargo screening systems. 

7 (d) LEVERAGING THE PRIVATE SECTOR.—To the extent practicable, and 

8 in a manner that is consistent with fair and equitable practices, the Plan 

9 shall— 

10 (1) leverage emerging technology trends and research and develop11 ment investment trends in the public and private sectors; 

12 (2) incorporate private-sector input, including from the aviation in13 dustry stakeholder advisory committee established by the Adminis14 trator, through requests for information, industry days, and other inno15 vative means consistent with the Federal Acquisition Regulation; and 

16 (3) in consultation with the Under Secretary for Science and Tech17 nology, identify technologies in existence or in development that, with 

18 or without adaptation, are expected to be suitable to meeting mission 

19 needs. 

20 (e) DISCLOSURE.—The Administrator shall include with the Plan a list 

21 of nongovernment persons that contributed to the writing of the Plan. 

22 (f) UPDATE AND REPORT.—Beginning 2 years after the date the Plan 

23 is submitted to Congress under subsection (a), and biennially afterwards, 

24 the Administrator shall submit to Congress— 

25 (1) an update of the Plan; and 

26 (2) a report on the extent to which each security-related technology 

27 the Transportation Security Administration has acquired since the last 

28 issuance or update of the Plan is consistent with the planned tech29 nology programs and projects identified under subsection (c)(2) for 

30 that security-related technology. 

31 § 11333. Acquisition justification and reports and certifi32 cation 

33 (a) ACQUISITION JUSTIFICATION.—Before the Transportation Security 

34 Administration implements any security-related technology acquisition, the 

35 Administrator, in accordance with the Department’s policies and directives, 

36 shall determine whether the acquisition is justified by conducting an anal37 ysis that includes— 

38 (1) an identification of the scenarios and level of risk to transpor39 tation security from those scenarios that would be addressed by the se40 curity-related technology acquisition; 

41 (2) an assessment of how the proposed acquisition aligns to the Plan; 


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1 (3) a comparison of the total expected lifecycle cost against the total 

2 expected quantitative and qualitative benefits to transportation secu3 rity; 

4 (4) an analysis of alternative security solutions, including policy or 

5 procedure solutions, to determine if the proposed security-related tech6 nology acquisition is the most effective and cost-efficient solution based 

7 on cost-benefit considerations; 

8 (5) an assessment of the potential privacy and civil liberties implica9 tions of the proposed acquisition that includes, to the extent prac10 ticable, consultation with organizations that advocate for the protection 

11 of privacy and civil liberties; 

12 (6) a determination that the proposed acquisition is consistent with 

13 fair information practice principles issued by the Privacy Officer of the 

14 Department; 

15 (7) confirmation that there are no significant risks to human health 

16 or safety posed by the proposed acquisition; and 

17 (8) an estimate of the benefits to commercial aviation passengers. 

18 (b) REPORTS AND CERTIFICATION.— 

19 (1) IN GENERAL.—Not later than the end of the 30-day period pre20 ceding the award by the Transportation Security Administration of a 

21 contract for any security-related technology acquisition exceeding 

22 $30,000,000, the Administrator shall submit to the Committee on 

23 Commerce, Science, and Transportation of the Senate and the Com24 mittee on Homeland Security of the House of Representatives— 

25 (A) the results of the comprehensive acquisition justification 

26 under subsection (a); and 

27 (B) a certification by the Administrator that the benefits to 

28 transportation security justify the contract cost. 

29 (2) REDUCTION DUE TO IMMINENT TERRORIST THREAT.—If there is 

30 a known or suspected imminent threat to transportation security, the 

31 Administrator— 

32 (A) may reduce the 30-day period under paragraph (1) to 5 

33 days to rapidly respond to the threat; and 

34 (B) shall immediately notify the Committee on Commerce, 

35 Science, and Transportation of the Senate and the Committee on 

36 Homeland Security of the House of Representatives of the known 

37 or suspected imminent threat. 

38 § 11334. Baseline establishment and reports 

39 (a) BASELINE REQUIREMENTS.– 

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1 priate acquisition official of the Department shall establish and docu2 ment a set of formal baseline requirements. The requirements shall— 

3 (A) include the estimated costs (including lifecycle costs), sched4 ule, and performance milestones for the planned duration of the 

5 acquisition; 

6 (B) identify the acquisition risks and a plan for mitigating those 

7 risks; and 

8 (C) assess the personnel necessary to manage the acquisition 

9 process, manage the ongoing program, and support training and 

10 other operations as necessary. 

11 (2) FEASIBILITY.—In establishing the performance milestones under 

12 paragraph (1)(A), the appropriate acquisition official of the Depart13 ment, to the extent possible and in consultation with the Under Sec14 retary for Science and Technology, shall ensure that achieving those 

15 milestones is technologically feasible. 

16 (3) TEST AND EVALUATION PLAN.—The Administrator, in consulta17 tion with the Under Secretary for Science and Technology, shall de18 velop a test and evaluation plan that describes— 

19 (A) the activities that are expected to be required to assess ac20 quired technologies against the performance milestones established 

21 under paragraph (1)(A); 

22 (B) the necessary and cost-effective combination of laboratory 

23 testing, field testing, modeling, simulation, and supporting analysis 

24 to ensure that the technologies meet the Transportation Security 

25 Administration’s mission needs; 

26 (C) an efficient planning schedule to ensure that test and eval27 uation activities are completed without undue delay; and 

28 (D) if commercial aviation passengers are expected to interact 

29 with the security-related technology, methods that could be used 

30 to ensure passenger acceptance of and familiarization with the se31 curity-related technology. 

32 (4) VERIFICATION AND VALIDATION.—The appropriate acquisition 

33 official of the Department— 

34 (A) subject to subparagraph (B), shall utilize independent re35 views to verify and validate the performance milestones and cost 

36 estimates developed under paragraph (1) for a security-related 

37 technology that pursuant to section 11332(c)(2) of this title has 

38 been identified as a high priority need in the most recent Plan; 

39 and 

40 (B) shall ensure that the use of independent reviewers does not 

41 unduly delay the schedule of any acquisition. 


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1 (5) STREAMLINING ACCESS FOR INTERESTED VENDORS.—The Ad2 ministrator shall establish a streamlined process for an interested ven3 dor of a security-related technology to request and receive appropriate 

4 access to the baseline requirements and test and evaluation plans that 

5 are necessary for the vendor to participate in the acquisition process 

6 for that technology. 

7 (b) REVIEW OF BASELINE REQUIREMENTS AND DEVIATION; REPORT.— 

8 (1) REVIEW.— 

9 (A) IN GENERAL.—The appropriate acquisition official of the 

10 Department shall review and assess each implemented acquisition 

11 to determine if the acquisition is meeting the baseline require12 ments established under subsection (a). 

13 (B) ASSESSMENT.—The review shall include an assessment of 

14 whether— 

15 (i) the planned testing and evaluation activities have been 

16 completed; and 

17 (ii) the results of that testing and evaluation demonstrate 

18 that the performance milestones are technologically feasible. 

19 (2) REPORT.—Not later than 30 days after making a finding de20 scribed in clause (i) or (ii) of subparagraph (A), the Administrator 

21 shall submit a report to the Committee on Commerce, Science, and 

22 Transportation of the Senate and the Committee on Homeland Secu23 rity of the House of Representatives that includes— 

24 (A) the results of any assessment that finds that— 

25 (i) the actual or planned costs exceed the baseline costs by 

26 more than 10 percent; 

27 (ii) the actual or planned schedule for delivery has been de28 layed by more than 180 days; or 

29 (iii) there is a failure to meet any performance milestone 

30 that directly impacts security effectiveness; 

31 (B) the cause for the excessive costs, delay, or failure; and 

32 (C) a plan for corrective action. 

33 § 11335. Inventory utilization 

34 (a) USE OF EXISTING INVENTORY.—Before the procurement of addi35 tional quantities of equipment to fulfill a mission need, the Administrator, 

36 to the extent practicable, shall utilize any existing units in the Transpor37 tation Security Administration’s inventory to meet that need. 

38 (b) TRACKING OF INVENTORY.— 

39 (1) IN GENERAL.—The Administrator shall establish a process for 

40 tracking— 


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1 (A) the location of security-related technology in the inventory 

2 under subsection (a); 

3 (B) the utilization status of security-related technology in the 

4 inventory under subsection (a); and 

5 (C) the quality of security-related equipment in the inventory 

6 under subsection (a). 

7 (2) INTERNAL CONTROLS.—The Administrator shall implement in8 ternal controls to ensure up-to-date accurate data on security-related 

9 technology owned, deployed, and in use. 

10 (c) LOGISTICS MANAGEMENT.— 

11 (1) IN GENERAL.—The Administrator shall establish logistics prin12 ciples for managing inventory in an effective and efficient manner. 

13 (2) LIMITATION ON JUST-IN-TIME LOGISTICS.—The Administrator 

14 may not use just-in-time logistics if doing so— 

15 (A) would inhibit necessary planning for large-scale delivery of 

16 equipment to airports or other facilities; or 

17 (B) would unduly diminish surge capacity for response to a ter18 rorist threat. 

19 § 11336. Small business contracting goals 

20 Not later than March 18 of each year, the Administrator shall submit to 

21 the Committee on Commerce, Science, and Transportation of the Senate 

22 and the Committee on Homeland Security of the House of Representative 

23 a report that includes— 

24 (1) the Transportation Security Administration’s performance record 

25 with respect to meeting its published small-business contracting goals 

26 during the preceding fiscal year; 

27 (2) if the goals described in paragraph (1) were not met or the 

28 Transportation Security Administration’s performance was below the 

29 published small-business contracting goals of the Department— 

30 (A) a list of challenges, including deviations from the Transpor31 tation Security Administration’s subcontracting plans, and factors 

32 that contributed to the level of performance during the preceding 

33 fiscal year; 

34 (B) an action plan, with benchmarks, for addressing each of the 

35 challenges identified in subparagraph (A) that— 

36 (i) is prepared after consultation with the Secretary of De37 fense and the heads of Federal departments and agencies 

38 that achieved their published goals for prime contracting with 

39 small and minority-owned businesses, including small and dis40 advantaged businesses, in prior fiscal years; and 


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1 (ii) identifies policies and procedures that could be incor2 porated by the Transportation Security Administration in fur3 therance of achieving the Administration’s published goal for 

4 the contracting; and 

5 (3) a status report on the implementation of the action plan that was 

6 developed in the preceding fiscal year in accordance with paragraph 

7 (2)(B), if the plan was required. 

8 § 11337. Consistency with Federal Acquisition Regulation 

9 and Department policies and directives 

10 The Administration shall execute the responsibilities set forth in this sub11 chapter in a manner consistent with, and not duplicative of, the Federal Ac12 quisition Regulation and the Department’s polices and directives. 

13 Chapter 115—Management 

Sec. 

11501. Under Secretary for Management. 

11502. Chief Financial Officer. 

11503. Chief Information Officer. 

11504. Chief Human Capital Officer. 

11505. Officer for Civil Rights and Civil Liberties. 

11506. Quadrennial homeland security review. 

11507. Interoperable communications. 

11508. Joint Task Forces. 

11509. Office of Strategy, Policy, and Plans. 

14 § 11501. Under Secretary for Management 

15 (a) DEFINITION OF INTEROPERABLE COMMUNICATIONS.—In this section, 

16 the term ‘‘interoperable communications’’ means the ability of emergency 

17 response providers and relevant Federal, State, and local government agen18 cies to communicate with each other as necessary, through a dedicated pub19 lic safety network utilizing information technology systems and radio com20 munications systems, and to exchange voice, data, and video with one an21 other on demand, in real time, as necessary. 

22 (b) IN GENERAL.—The Under Secretary for Management serves as the 

23 Chief Management Officer and principal advisor to the Secretary on matters 

24 relating to the management of the Department, including management inte25 gration and transformation in support of homeland security operations and 

26 programs. The Secretary, acting through the Under Secretary for Manage27 ment, is responsible for the management and administration of the Depart28 ment, including the following: 

29 (1) The budget, appropriations, expenditures of funds, accounting, 

30 and finance. 

31 (2) Procurement. 

32 (3) Human resources and personnel. 

33 (4) Information technology and communications systems, including 

34 policies and directives to achieve and maintain interoperable commu35 nications among the components of the Department. 


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1 (5) Facilities, property, equipment, and other material resources. 

2 (6) Security for personnel, information technology and communica3 tions systems, facilities, property, equipment, and other material re4 sources. 

5 (7) Strategic management planning and annual performance plan6 ning and identification and tracking of performance measures relating 

7 to the responsibilities of the Department. 

8 (8) Grants and other assistance for management programs. 

9 (9) The management integration and transformation in each func10 tional management discipline of the Department, including information 

11 technology, financial management, acquisition management, and human 

12 capital management, to ensure an efficient and orderly consolidation of 

13 functions and personnel in the Department, including— 

14 (A) the development of centralized data sources and connectivity 

15 of information systems to the greatest extent practicable to en16 hance program visibility, transparency, and operational effective17 ness and coordination; 

18 (B) the development of standardized and automated manage19 ment information to manage and oversee programs and make in20 formed decisions to improve the efficiency of the Department; 

21 (C) the development of effective program management and reg22 ular oversight mechanisms, including clear roles and processes for 

23 program governance, sharing of best practices, and access to time24 ly, reliable, and evaluated data on all acquisitions and investments; 

25 and 

26 (D) the overall supervision, including the conduct of internal au27 dits and management analyses, of the programs and activities of 

28 the Department, including establishment of oversight procedures 

29 to ensure a full and effective review of the efforts by components 

30 of the Department to implement policies and procedures of the 

31 Department for management integration and transformation. 

32 (10) The development of a transition and succession plan, before De33 cember 1 of each year in which a Presidential election is held, to guide 

34 the transition of Department functions to a new Presidential adminis35 tration, and making the plan available to the next Secretary and Under 

36 Secretary for Management and to the congressional homeland security 

37 committees. 

38 (11) Reporting to the Government Accountability Office every 6 

39 months to demonstrate measurable, sustainable progress made in im40 plementing the corrective action plans of the Department to address 

41 the designation of the management functions of the Department on the 


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1 bi-annual high risk list of the Government Accountability Office, until 

2 the Comptroller General of the United States submits to the appro3 priate congressional committees written notification of removal of the 

4 high-risk designation. 

5 (12) The conduct of internal audits and management analyses of the 

6 programs and activities of the Department. 

7 (13) Any other management duties that the Secretary may des8 ignate. 

9 (c) WAIVERS FOR CONDUCTING BUSINESS WITH SUSPENDED OR

10 DEBARRED CONTRACTORS.—Not later than 5 days after the date on which 

11 the Chief Procurement Officer or Chief Financial Officer of the Department 

12 issues a waiver of the requirement that an agency not engage in business 

13 with a contractor or other recipient of funds listed as a party suspended 

14 or debarred from receiving contracts, grants, or other types of Federal as15 sistance in the System for Award Management maintained by the General 

16 Services Administration, or any successor, the Under Secretary for Manage17 ment shall submit to the congressional homeland security committees and 

18 the Inspector General of the Department notice of the waiver and an expla19 nation of the finding by the Under Secretary that a compelling reason exists 

20 for the waiver. 

21 (d) APPOINTMENT AND EVALUATION.—The Under Secretary for Manage22 ment— 

23 (1) is appointed by the President, by and with the advice and con24 sent of the Senate, from among individuals who have— 

25 (A) extensive executive level leadership and management experi26 ence in the public or private sector; 

27 (B) strong leadership skills; 

28 (C) a demonstrated ability to manage large and complex organi29 zations; and 

30 (D) a proven record in achieving positive operational results; 

31 (2) shall enter into an annual performance agreement with the Sec32 retary that shall set forth measurable individual and organizational 

33 goals; and 

34 (3) is subject to an annual performance evaluation by the Secretary, 

35 who shall determine as part of each evaluation whether the Under Sec36 retary for Management has made satisfactory progress toward achiev37 ing the goals set out in the performance agreement required under 

38 paragraph (2). 

39 (e) SYSTEM FOR AWARD MANAGEMENT CONSULTATION.—The Under 

40 Secretary for Management shall require that all Department contracting 

41 and grant officials consult the System for Award Management (or successor 


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1 system) as maintained by the General Services Administration prior to 

2 awarding a contract or grant or entering into other transactions to ascertain 

3 whether the selected contractor is excluded from receiving Federal contracts, 

4 certain subcontracts, and certain types of Federal financial and non-finan5 cial assistance and benefits. 

6 § 11502. Chief Financial Officer 

7 (a) IN GENERAL.—The Chief Financial Officer shall— 

8 (1) perform functions as specified in chapter 9 of title 31; and 

9 (2) report to the Under Secretary for Management with respect to 

10 those functions described in paragraph (1) and other responsibilities 

11 that may be assigned. 

12 (b) PROGRAM ANALYSIS AND EVALUATION FUNCTION.—- 

13 (1) ESTABLISHMENT OF OFFICE OF PROGRAM ANALYSIS AND EVAL14 UATION.—The Secretary shall establish an Office of Program Analysis 

15 and Evaluation (in this section referred to as the ‘‘Office’’) in the De16 partment. 

17 (2) RESPONSIBILITIES.—The Office shall— 

18 (A) analyze and evaluate plans, programs, and budgets of the 

19 Department in relation to United States homeland security objec20 tives, projected threats, vulnerability assessments, estimated costs, 

21 resource constraints, and the most recent homeland security strat22 egy developed under section 10386(b)(2) of this title; 

23 (B) develop and perform analyses and evaluations of alternative 

24 plans, programs, personnel levels, and budget submissions for the 

25 Department in relation to United States homeland security objec26 tives, projected threats, vulnerability assessments, estimated costs, 

27 resource constraints, and the most recent homeland security strat28 egy developed under section 10386(b)(2) of this title; 

29 (C) establish policies for, and oversee the integration of, the 

30 planning, programming, and budgeting system of the Department; 

31 (D) review and ensure that the Department meets performance32 based budget requirements established by the Office of Manage33 ment and Budget; 

34 (E) provide guidance for, and oversee the development of, the 

35 Future Years Homeland Security Program of the Department, as 

36 specified under section 10386 of this title; 

37 (F) ensure that the costs of Department programs, including 

38 classified programs, are presented accurately and completely; 

39 (G) oversee the preparation of the annual performance plan for 

40 the Department and the program and performance section of the 


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1 annual report on program performance for the Department, con2 sistent with sections 1115 and 1116, respectively, of title 31; 

3 (H) provide leadership in developing and promoting improved 

4 analytical tools and methods for analyzing homeland security plan5 ning and the allocation of resources; and 

6 (I) perform other responsibilities delegated by the Secretary 

7 consistent with an effective program analysis and evaluation func8 tion. 

9 (3) DIRECTOR OF PROGRAM ANALYSIS AND EVALUATION.—There is 

10 a Director of Program Analysis and Evaluation. The Director— 

11 (A) is a principal staff assistant to the Chief Financial Officer 

12 of the Department for program analysis and evaluation; and 

13 (B) shall report to an official no lower than the Chief Financial 

14 Officer. 

15 (4) REORGANIZATION.— 

16 (A) IN GENERAL.—The Secretary may allocate or reallocate the 

17 functions of the Office, or discontinue the Office, under section 

18 10331(b)(1) of this title. 

19 (B) EXEMPTION FROM LIMITATIONS.—Section 10331(b)(2) of 

20 this title does not apply to an action by the Secretary under this 

21 paragraph. 

22 (c) NOTIFICATION REGARDING TRANSFER OR REPROGRAMMING OF

23 FUNDS.—In a case in which appropriations available to the Department or 

24 an officer of the Department are transferred or reprogrammed and notice 

25 of the transfer or reprogramming is submitted to Congress (including an 

26 officer, office, or committee of Congress), the Chief Financial Officer shall 

27 simultaneously submit the notice to the Committee on Homeland Security 

28 and the Committee on Oversight and Government Reform of the House of 

29 Representatives, and to the Committee on Homeland Security and Govern30 mental Affairs of the Senate. 

31 § 11503. Chief Information Officer 

32 (a) IN GENERAL.—The Chief Information Officer shall report to the Sec33 retary, or to another official of the Department, as the Secretary may di34 rect. 

35 (b) GEOSPATIAL INFORMATION FUNCTIONS.— 

36 (1) DEFINITIONS.—In this subsection: 

37 (A) GEOSPATIAL INFORMATION.—The term ‘‘geospatial infor38 mation’’ means graphical or digital data depicting natural or man39 made physical features, phenomena, or boundaries of the earth 

40 and information related thereto, including surveys, maps, charts, 

41 remote sensing data, and images. 


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1 (B) GEOSPATIAL TECHNOLOGY.—The term ‘‘geospatial tech2 nology’’ means technology utilized by analysts, specialists, sur3 veyors, photogrammetrists, hydrographers, geodesists, cartog4 raphers, architects, or engineers for the collection, storage, re5 trieval, or dissemination of geospatial information, including 

6 (i) global satellite surveillance systems; 

7 (ii) global position systems; 

8 (iii) geographic information systems; 

9 (iv) mapping equipment; 

10 (v) geocoding technology; and 

11 (vi) remote sensing devices. 

12 (2) OFFICE OF GEOSPATIAL MANAGEMENT.— 

13 (A) ESTABLISHMENT.—There is in the Office of the Chief In14 formation Officer the Office of Geospatial Management. 

15 (B) GEOSPATIAL INFORMATION OFFICER.— 

16 (i) IN GENERAL.—The Geospatial Information Officer ad17 ministers the Office of Geospatial Management. The 

18 Geospatial Information Officer is appointed by the Secretary. 

19 The Geospatial Information Officer serves under the direction 

20 of the Chief Information Officer. 

21 (ii) ASSISTS CHIEF INFORMATION OFFICER.—The 

22 Geospatial Information Officer assists the Chief Information 

23 Officer in carrying out all functions under this section and in 

24 coordinating the geospatial information needs of the Depart25 ment. 

26 (C) COORDINATION OF GEOSPATIAL INFORMATION.—The Chief 

27 Information Officer shall establish and carry out a program to 

28 provide for the efficient use of geospatial information, which shall 

29 include— 

30 (i) providing necessary geospatial information to implement 

31 the critical infrastructure protection programs; 

32 (ii) providing leadership and coordination in meeting the 

33 geospatial information requirements of those responsible for 

34 planning, prevention, mitigation, assessment, and response to 

35 emergencies, critical infrastructure protection, and other 

36 functions of the Department; and 

37 (iii) coordinating with users of geospatial information with38 in the Department to ensure interoperability and prevent un39 necessary duplication. 

40 (D) RESPONSIBILITIES.—In carrying out this subsection, the 

41 responsibilities of the Chief Information Officer include— 


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1 (i) coordinating the geospatial information needs and ac2 tivities of the Department; 

3 (ii) implementing standards, as adopted by the Director of 

4 the Office of Management and Budget under the processes 

5 established under section 216 of the E-Government Act of 

6 2002 (Public Law 107–347, 44 U.S.C. 3501 note), to facili7 tate the interoperability of geospatial information pertaining 

8 to homeland security among all users of the information in— 

9 (I) the Department; 

10 (II) State and local government; and 

11 (III) the private sector; 

12 (iii) coordinating with the Federal Geographic Data Com13 mittee and carrying out the responsibilities of the Department 

14 pursuant to Office of Management and Budget Circular A-16 

15 and Executive Order 12906 (59 Fed. Reg. 17671, 43 U.S.C. 

16 1457 note); and 

17 (iv) making recommendations to the Secretary and the Ex18 ecutive Director of the Office for State and Local Government 

19 Coordination and Preparedness on awarding grants to— 

20 (I) fund the creation of geospatial data; and 

21 (II) execute information sharing agreements regarding 

22 geospatial data with State, local, and tribal governments. 

23 (3) AUTHORIZATION OF APPROPRIATIONS.—There are authorized to 

24 be appropriated such sums as may be necessary to carry out this sub25 section for each fiscal year. 

26 § 11504. Chief Human Capital Officer 

27 (a) REPORTING AUTHORITY.—The Chief Human Capital Officer of the 

28 Department shall report directly to the Under Secretary for Management. 

29 (b) RESPONSIBILITIES.—In addition to the responsibilities set forth in 

30 chapter 14 of title 5 and other applicable law, the Chief Human Capital Of31 ficer of the Department shall— 

32 (1) develop and implement strategic workforce planning policies that 

33 are consistent with Government-wide leading principles and in line with 

34 Department strategic human capital goals and priorities, taking into 

35 account the special requirements of members of the armed forces serv36 ing in the Coast Guard; 

37 (2) develop performance measures to provide a basis for monitoring 

38 and evaluating Department-wide strategic workforce planning efforts; 

39 (3) develop, improve, and implement policies, including compensation 

40 flexibilities available to Federal agencies where appropriate, to recruit, 


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1 hire, train, and retain the workforce of the Department, in coordination 

2 with all components of the Department; 

3 (4) identify methods for managing and overseeing human capital 

4 programs and initiatives, in coordination with the head of each compo5 nent of the Department; 

6 (5) develop a career path framework and create opportunities for 

7 leader development in coordination with all components of the Depart8 ment; 

9 (6) lead the efforts of the Department for managing employee re10 sources, including training and development opportunities, in coordina11 tion with each component of the Department; 

12 (7) work to ensure the Department is implementing human capital 

13 programs and initiatives and effectively educating each component of 

14 the Department about these programs and initiatives; 

15 (8) identify and eliminate unnecessary and duplicative human capital 

16 policies and guidance; 

17 (9) provide input concerning the hiring and performance of the Chief 

18 Human Capital Officer or comparable official in each component of the 

19 Department; and 

20 (10) ensure that all employees of the Department are informed of 

21 their rights and remedies under chapters 12 and 23 of title 5. 

22 (c) COMPONENT STRATEGIES.— 

23 (1) IN GENERAL.— Each component of the Department shall, in co24 ordination with the Chief Human Capital Officer of the Department, 

25 develop a 5-year workforce strategy for the component that will support 

26 the goals, objectives, and performance measures of the Department for 

27 determining the proper balance of Federal employees and private labor 

28 resources. 

29 (2) STRATEGY REQUIREMENTS.— In developing the strategy re30 quired under paragraph (1), each component shall consider the effect 

31 on human resources associated with creating additional Federal full32 time equivalent positions, converting private contractors to Federal em33 ployees, or relying on the private sector for goods and services. 

34 (d) ANNUAL SUBMISSION.— Not later than 90 days after the date on 

35 which the Secretary submits the annual budget justification for the Depart36 ment, the Secretary shall submit to the congressional homeland security 

37 committees a report that includes a table, delineated by component with ac38 tual and enacted amounts, including— 

39 (1) information on the progress in the Department of fulfilling the 

40 workforce strategies developed under subsection (c); 


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1 (2) the number of on-board staffing for Federal employees from the 

2 prior fiscal year; 

3 (3) the total contract hours submitted by each prime contractor as 

4 part of the service contract inventory required under section 743 of the 

5 Financial Services and General Government Appropriations Act, 2010 

6 (Public Law 111–117, div. C, 31 U.S.C. 501 note); and 

7 (4) the number of full-time equivalent personnel identified under the 

8 Intergovernmental Personnel Act of 1970 (42 U.S.C. 4701 et seq.). 

9 (e) LIMITATION.— Nothing in this section overrides or otherwise affects 

10 the requirements specified in section 10312 of this title. 

11 § 11505. Officer for Civil Rights and Civil Liberties 

12 (a) IN GENERAL.—The Officer for Civil Rights and Civil Liberties, who 

13 shall report directly to the Secretary, shall— 

14 (1) review and assess information concerning abuses of civil rights, 

15 civil liberties, and profiling on the basis of race, ethnicity, or religion, 

16 by employees and officials of the Department; 

17 (2) make public through the Internet, radio, television, or newspaper 

18 advertisements information on the responsibilities and functions of, and 

19 how to contact, the Officer; 

20 (3) assist the Secretary, directorates, and offices of the Department 

21 to develop, implement, and periodically review Department policies and 

22 procedures to ensure that the protection of civil rights and civil liberties 

23 is appropriately incorporated into Department programs and activities; 

24 (4) oversee compliance with constitutional, statutory, regulatory, pol25 icy, and other requirements relating to the civil rights and civil liberties 

26 of individuals affected by the programs and activities of the Depart27 ment; 

28 (5) coordinate with the Privacy Officer to ensure that— 

29 (A) programs, policies, and procedures involving civil rights, 

30 civil liberties, and privacy considerations are addressed in an inte31 grated and comprehensive manner; and 

32 (B) Congress receives appropriate reports regarding the pro33 grams, policies, and procedures; and 

34 (6) investigate complaints and information indicating possible abuses 

35 of civil rights or civil liberties, unless the Inspector General of the De36 partment determines that the complaint or information should be inves37 tigated by the Inspector General. 

38 (b) REPORT.—The Secretary shall submit to the President of the Senate, 

39 the Speaker of the House of Representatives, and the appropriate commit40 tees and subcommittees of Congress on an annual basis a report— 


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1 (1) on the implementation of this section, including the use of funds 

2 appropriated to carry out this section; and 

3 (2) detailing allegations of abuses described under subsection (a)(1) 

4 and actions taken by the Department in response to the allegations. 

5 § 11506. Quadrennial homeland security review 

6 (a) REQUIREMENT.— 

7 (1) QUADRENNIAL REVIEWS REQUIRED.—In fiscal year 2017, and 

8 every 4 years thereafter, the Secretary shall conduct a review of the 

9 homeland security of the Nation (in this section referred to as a ‘‘quad10 rennial homeland security review’’). 

11 (2) SCOPE OF REVIEW.—Each quadrennial homeland security review 

12 shall be a comprehensive examination of the homeland security strategy 

13 of the Nation, including recommendations regarding the long-term 

14 strategy and priorities of the Nation for homeland security and guid15 ance on the programs, assets, capabilities, budget, policies, and authori16 ties of the Department. 

17 (3) CONSULTATION.—The Secretary shall conduct each quadrennial 

18 homeland security review under this subsection in consultation with— 

19 (A) the heads of other Federal agencies, including the Attorney 

20 General, the Secretary of State, the Secretary of Defense, the Sec21 retary of Health and Human Services, the Secretary of the Treas22 ury, the Secretary of Agriculture, and the Director of National In23 telligence; 

24 (B) key officials of the Department, including the Under Sec25 retary for Strategy, Policy, and Plans; and 

26 (C) other relevant governmental and nongovernmental entities, 

27 including State, local, and tribal government officials, members of 

28 Congress, private-sector representatives, academics, and other pol29 icy experts. 

30 (4) RELATIONSHIP WITH FUTURE YEARS HOMELAND SECURITY PRO31 GRAM.—The Secretary shall ensure that each review conducted under 

32 this section is coordinated with the Future Years Homeland Security 

33 Program required under section 10386 of this title. 

34 (b) CONTENTS OF REVIEW.—In each quadrennial homeland security re35 view, the Secretary shall— 

36 (1) delineate and update, as appropriate, the national homeland se37 curity strategy, consistent with appropriate national and Department 

38 strategies, strategic plans, and Homeland Security Presidential Direc39 tives, including the National Strategy for Homeland Security, the Na40 tional Response Plan, and the Department Security Strategic Plan; 


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1 (2) outline and prioritize the full range of the critical homeland secu2 rity mission areas of the Nation; 

3 (3) describe the interagency cooperation, preparedness of Federal re4 sponse assets, infrastructure, budget plan, and other elements of the 

5 homeland security program and policies of the Nation associated with 

6 the national homeland security strategy, required to execute success7 fully the full range of missions called for in the national homeland se8 curity strategy described in paragraph (1) and the homeland security 

9 mission areas outlined under paragraph (2); 

10 (4) identify the budget plan required to provide sufficient resources 

11 to successfully execute the full range of missions called for in the na12 tional homeland security strategy described in paragraph (1) and the 

13 homeland security mission areas outlined under paragraph (2); 

14 (5) include an assessment of the organizational alignment of the De15 partment with the national homeland security strategy referred to in 

16 paragraph (1) and the homeland security mission areas outlined under 

17 paragraph (2); and 

18 (6) review and assess the effectiveness of the mechanisms of the De19 partment for executing the process of turning the requirements devel20 oped in the quadrennial homeland security review into an acquisition 

21 strategy and expenditure plan in the Department. 

22 (c) REPORTING.— 

23 (1) IN GENERAL.—Not later than December 31 of the year in which 

24 a quadrennial homeland security review is conducted, the Secretary 

25 shall submit to Congress a report regarding that quadrennial homeland 

26 security review. 

27 (2) CONTENTS OF REPORT.—Each report submitted under para28 graph (1) shall include— 

29 (A) the results of the quadrennial homeland security review; 

30 (B) a description of the threats to the assumed or defined na31 tional homeland security interests of the Nation that were exam32 ined for the purposes of that review; 

33 (C) the national homeland security strategy, including a 

34 prioritized list of the critical homeland security missions of the 

35 Nation; 

36 (D) a description of the interagency cooperation, preparedness 

37 of Federal response assets, infrastructure, budget plan, and other 

38 elements of the homeland security program and policies of the Na39 tion associated with the national homeland security strategy, re40 quired to execute successfully the full range of missions called for 

41 in the applicable national homeland security strategy referred to 


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1 in subsection (b)(1) and the homeland security mission areas out2 lined under subsection (b)(2); 

3 (E) an assessment of the organizational alignment of the De4 partment with the applicable national homeland security strategy 

5 referred to in subsection (b)(1) and the homeland security mission 

6 areas outlined under subsection (b)(2), including the Department’s 

7 organizational structure, management systems, budget and ac8 counting systems, human resources systems, procurement systems, 

9 and physical and technical infrastructure; 

10 (F) a discussion of the status of cooperation among Federal 

11 agencies in the effort to promote national homeland security; 

12 (G) a discussion of the status of cooperation between the Fed13 eral Government and State, local, and tribal governments in pre14 venting terrorist attacks and preparing for emergency response to 

15 threats to national homeland security; 

16 (H) an explanation of underlying assumptions used in con17 ducting the review; and 

18 (I) any other matter the Secretary considers appropriate. 

19 (3) PUBLIC AVAILABILITY.—The Secretary shall, consistent with the 

20 protection of national security and other sensitive matters, make each 

21 report submitted under paragraph (1) publicly available on the Internet 

22 website of the Department. 

23 (d) AUTHORIZATION OF APPROPRIATIONS.—There are authorized to be 

24 appropriated such sums as may be necessary to carry out this section. 

25 § 11507. Interoperable communications 

26 (a) DEFINITION OF INTEROPERABLE COMMUNICATIONS.—The term 

27 ‘‘interoperable communications’’ has the same meaning given that term in 

28 section 10712(a) of this title. 

29 (b) APPLICATION.—Subsections (c) through (e) shall apply only with re30 spect to the interoperable communications capabilities in the Department 

31 and components of the Department to communicate with the Department. 

32 (c) STRATEGY FOR ACHIEVING AND MAINTAINING INTEROPERABLE COM33 MUNICATIONS AMONG THE COMPONENTS OF THE DEPARTMENT.—The 

34 Under Secretary for Management shall submit to the Committee on Home35 land Security of the House of Representatives and the Committee on Home36 land Security and Governmental Affairs of the Senate a strategy, which 

37 shall be updated as necessary, for achieving and sustaining interoperable 

38 communications among the components of the Department, including for 

39 daily operations, planned events, and emergencies, with corresponding mile40 stones, that includes the following: 


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1 (1) An assessment of interoperability gaps in radio communications 

2 among the components of the Department, as of July 6, 2015. 

3 (2) Information on efforts and activities, including current and 

4 planned policies, directives, and training, of the Department since No5 vember 1, 2012, to achieve and maintain interoperable communications 

6 among the components of the Department, and planned efforts and ac7 tivities of the Department to achieve and maintain the interoperable 

8 communications. 

9 (3) An assessment of obstacles and challenges to achieving and 

10 maintaining interoperable communications among the components of 

11 the Department. 

12 (4) Information on, and an assessment of, the adequacy of mecha13 nisms available to the Under Secretary for Management to enforce and 

14 compel compliance with interoperable communications policies and di15 rectives of the Department. 

16 (5) Guidance provided to the components of the Department to im17 plement interoperable communications policies and directives of the De18 partment. 

19 (6) The total amount of funds expended by the Department since 

20 November 1, 2012, and projected future expenditures, to achieve inter21 operable communications, including on equipment, infrastructure, and 

22 maintenance. 

23 (7) Dates on which Department-wide interoperability is projected to 

24 be achieved for voice, data, and video communications, respectively, and 

25 interim milestones that correspond to the achievement of each of those 

26 modes of communications. 

27 (d) SUPPLEMENTAL MATERIAL.—Together with the strategy required 

28 under subsection (c), the Under Secretary for Management shall submit to 

29 the Committee on Homeland Security of the House of Representatives and 

30 the Committee on Homeland Security and Governmental Affairs of the Sen31 ate information on— 

32 (1) any intra-agency effort or task force that has been delegated cer33 tain responsibilities by the Under Secretary for Management relating 

34 to achieving and maintaining interoperable communications among the 

35 components of the Department by the dates referred to in subsection 

36 (c)(7); and 

37 (2) who in each component is responsible for implementing polices 

38 and directives issued by the Under Secretary for Management to 

39 achieve and maintain the interoperable communications. 

40 (e) REPORT.–Not later than 100 days after the date on which the strat41 egy required under subsection (c) is submitted, and every 2 years afterwards 


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1 for 6 years, the Under Secretary for Management shall submit to the Com2 mittee on Homeland Security of the House of Representatives and the Com3 mittee on Homeland Security and Governmental Affairs of the Senate a re4 port on the status of efforts to implement the strategy required under sub5 section (c), including the following: 

6 (1) Progress on each interim milestone referred to in subsection 

7 (c)(7) toward achieving and maintaining interoperable communications 

8 among the components of the Department. 

9 (2) Information on any policies, directives, guidance, and training es10 tablished by the Under Secretary for Management. 

11 (3) An assessment of the level of compliance, adoption, and partici12 pation among the components of the Department with the policies, di13 rectives, guidance, and training established by the Under Secretary for 

14 Management to achieve and maintain interoperable communications 

15 among the components. 

16 (4) Information on any additional resources or authorities needed by 

17 the Under Secretary for Management. 

18 § 11508. Joint Task Forces 

19 (a) DEFINITION OF SITUATIONAL AWARENESS.—In this section, the term 

20 ‘‘situational awareness’’ means knowledge and unified understanding of un21 lawful cross-border activity, including— 

22 (1) threats and trends concerning illicit trafficking and unlawful 

23 crossings; 

24 (2) the ability to forecast future shifts in the threats and trends; 

25 (3) the ability to evaluate the threats and trends at a level sufficient 

26 to create actionable plans; and 

27 (4) the operational capability to conduct continuous and integrated 

28 surveillance of the air, land, and maritime borders of the United 

29 States. 

30 (b) ESTABLISHMENT.—The Secretary may establish and operate depart31 mental Joint Task Forces to conduct joint operations using personnel and 

32 capabilities of the Department for the purposes specified in subsection (d). 

33 (c) DIRECTOR, DEPUTY DIRECTORS, AND STAFF.— 

34 (1) DIRECTOR.— 

35 (A) APPOINTMENT.–Each Joint Task Force shall be headed by 

36 a Director, appointed by the President, for a term of not more 

37 than 2 years. The Secretary shall submit to the President rec38 ommendations for the appointment after consulting with the heads 

39 of the components of the Department with membership on any 

40 Joint Task Force. A Director shall be— 


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1 (i) a current senior official of the Department with not less 

2 than 1 year of significant leadership experience at the De3 partment; or 

4 (ii) if no suitable candidate is available at the Department, 

5 an individual with— 

6 (I) not less than 1 year of significant leadership expe7 rience in a Federal agency since the establishment of the 

8 Department; and 

9 (II) a demonstrated ability in knowledge of, and sig10 nificant experience working on, the issues to be ad11 dressed by the Joint Task Force. 

12 (B) EXTENSION.—The Secretary may extend the appointment 

13 of a Director of a Joint Task Force for not more than 2 years 

14 if the Secretary determines that the extension is in the best inter15 est of the Department. 

16 (2) DEPUTY DIRECTORS.—For each Joint Task Force, the Secretary 

17 shall appoint a Deputy Director, who shall be an official of a different 

18 component or office of the Department than the Director. 

19 (3) STAFF.—Each Joint Task Force shall have a staff, composed of 

20 officials from the relevant components and offices of the Department, 

21 to assist the Director in carrying out the mission and responsibilities 

22 of the Joint Task Force. 

23 (d) PURPOSES.— 

24 (1) IN GENERAL.—Subject to paragraph (2), the purposes referred 

25 to in subsection (b) are or relate to the following: 

26 (A) Securing the land and maritime borders of the United 

27 States. 

28 (B) Homeland security crises. 

29 (C) Establishing regionally based operations. 

30 (2) LIMITATION.— 

31 (A) IN GENERAL.—The Secretary may not establish a Joint 

32 Task Force for any major disaster or emergency declared under 

33 the Robert T. Stafford Disaster Relief and Emergency Assistance 

34 Act (42 U.S.C. 5121 et seq.) or an incident for which the Federal 

35 Emergency Management Agency has primary responsibility for 

36 management of the response under chapter 111 of this title, in37 cluding section 11103(a)(3)(A), unless the responsibilities of the 

38 Joint Task Force— 

39 (i) do not include operational functions relating to incident 

40 management, including coordination of operations; and 


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1 (ii) are consistent with the requirements of paragraphs (1) 

2 and (2)(A) of section 11102(b) and section 11109 of this title 

3 and section 302 of the Robert T. Stafford Disaster Relief and 

4 Emergency Assistance Act (42 U.S.C. 5143). 

5 (B) RESPONSIBILITIES AND FUNCTIONS OF AGENCY AND AD6 MINISTRATOR NOT REDUCED.—Nothing in this section may be 

7 construed to reduce the responsibilities or functions of the Federal 

8 Emergency Management Agency or the Administrator of the Fed9 eral Emergency Management Agency under chapter 111 of this 

10 title or any other provision of law, including the diversion of an 

11 asset, function, or mission from the Federal Emergency Manage12 ment Agency or the Administrator of the Federal Emergency 

13 Management Agency pursuant to section 11106 of this title. 

14 (e) RESPONSIBILITIES.—The Director of a Joint Task Force, subject to 

15 the oversight, direction, and guidance of the Secretary, shall— 

16 (1) when the Joint Task Force is established for the purpose re17 ferred to in subsection (d)(1)(A), maintain situational awareness in the 

18 areas of responsibility of the Joint Task Force, as determined by the 

19 Secretary; 

20 (2) provide operational plans and requirements for standard oper21 ating procedures and contingency operations in the areas of responsi22 bility of the Joint Task Force, as determined by the Secretary; 

23 (3) plan and execute joint task force activities in the areas of respon24 sibility of the Joint Task Force, as determined by the Secretary; 

25 (4) set and accomplish strategic objectives through integrated oper26 ational planning and execution; 

27 (5) exercise operational direction over personnel and equipment from 

28 components and offices of the Department allocated to the Joint Task 

29 Force to accomplish the objectives of the Joint Task Force; 

30 (6) when the Joint Task Force is established for the purpose re31 ferred to in subsection (d)(1)(A), establish operational and investigative 

32 priorities in the areas of responsibility of the Joint Task Force, as de33 termined by the Secretary; 

34 (7) coordinate with foreign governments and other Federal, State, 

35 and local agencies, as appropriate, to carry out the mission of the Joint 

36 Task Force; and 

37 (8) carry out other duties and powers the Secretary determines ap38 propriate. 

39 (f) PERSONNEL AND RESOURCES.— 

40 (1) TEMPORARY ALLOCATION.—The Secretary, on request of the Di41 rector of a Joint Task Force and giving appropriate consideration of 


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1 risk to the other primary missions of the Department, may allocate to 

2 the Joint Task Force on a temporary basis personnel and equipment 

3 of components and offices of the Department. 

4 (2) COST NEUTRALITY.—A Joint Task Force may not require more 

5 resources than would have otherwise been required by the Department 

6 to carry out the duties assigned to the Joint Task Force if the Joint 

7 Task Force had not been established. 

8 (3) LOCATION OF OPERATIONS.—In establishing a location of oper9 ations for a Joint Task Force, the Secretary shall, to the extent prac10 ticable, use existing facilities that integrate efforts of components of 

11 the Department and State, local, tribal, or territorial law enforcement 

12 or military entities. 

13 (4) CONSIDERATION OF IMPACT.—When reviewing requests for allo14 cation of component personnel and equipment under paragraph (1), the 

15 Secretary shall consider the impact of the allocation on the ability of 

16 the donating component or office to carry out the primary missions of 

17 the Department, and in the case of the Coast Guard, the missions spec18 ified in section 10312 of this title. 

19 (5) LIMITATION.—Personnel and equipment of the Coast Guard allo20 cated under this subsection may be used only to carry out operations 

21 and investigations relating to the missions specified in section 10312 

22 of this title. 

23 (6) REPORT.—The Secretary, at the time the budget of the Presi24 dent for a fiscal year is submitted to Congress under section 1105(a) 

25 of title 31, shall submit to the Committee on Homeland Security and 

26 the Committee on Transportation and Infrastructure of the House of 

27 Representatives and the Committee on Homeland Security and Govern28 mental Affairs and the Committee on Commerce, Science, and Trans29 portation of the Senate a report on the total funding, personnel, and 

30 other resources that each component or office of the Department allo31 cated under this subsection to each Joint Task Force to carry out the 

32 mission of the Joint Task Force during the fiscal year immediately pre33 ceding each report, and a description of the degree to which the re34 sources drawn from each component or office impact the primary mis35 sion of the component or office. 

36 (g) COMPONENT RESOURCE AUTHORITY.—As directed by the Secretary— 

37 (1) each Director of a Joint Task Force shall be provided sufficient 

38 resources from relevant components and offices of the Department and 

39 the authority necessary to carry out the missions and responsibilities 

40 of the Joint Task Force required under this section; 


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1 (2) the resources referred to in paragraph (1) shall be under the 

2 operational authority, direction, and control of the Director of the Joint 

3 Task Force to which the resources are assigned; and 

4 (3) the personnel and equipment of each Joint Task Force shall re5 main under the administrative direction of the head of the component 

6 or office of the Department that provided the personnel or equipment. 

7 (h) ESTABLISHMENT OF PERFORMANCE METRICS.—The Secretary 

8 shall— 

9 (1) establish outcome-based and other appropriate performance 

10 metrics to evaluate the effectiveness of each Joint Task Force; 

11 (2) not later than 120 days after December 23, 2016, and 120 days 

12 after the establishment of a new Joint Task Force, as appropriate, sub13 mit to the Committee on Homeland Security and the Committee on 

14 Transportation and Infrastructure of the House of Representatives and 

15 the Committee on Homeland Security and Governmental Affairs and 

16 the Committee on Commerce, Science, and Transportation of the Sen17 ate the metrics established under paragraph (1); and 

18 (3) not later than January 31 of each year, submit to each com19 mittee specified in paragraph (2) a report that contains the evaluation 

20 described in paragraph (1). 

21 (i) JOINT DUTY TRAINING PROGRAM.— 

22 (1) IN GENERAL.—The Secretary shall— 

23 (A) establish a joint duty training program in the Department 

24 for the purposes of— 

25 (i) enhancing coordination in the Department; and 

26 (ii) promoting workforce professional development; and 

27 (B) tailor the joint duty training program to improve joint oper28 ations as part of the Joint Task Forces. 

29 (2) ELEMENTS.—The joint duty training program established under 

30 paragraph (1) shall address, at a minimum, the following topics: 

31 (A) National security strategy. 

32 (B) Strategic and contingency planning. 

33 (C) Command and control of operations under joint command. 

34 (D) International engagement. 

35 (E) The homeland security enterprise. 

36 (F) Interagency collaboration. 

37 (G) Leadership. 

38 (H) Specific subject matters relevant to the Joint Task Force, 

39 including matters relating to the missions specified in section 

40 10312 of this title, to which the joint duty training program is as41 signed. 


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1 (3) TRAINING REQUIRED.— 

2 (A) DIRECTORS AND DEPUTY DIRECTORS.—Except as provided 

3 in subparagraphs (C) and (D), an individual shall complete the 

4 joint duty training program before being appointed Director or 

5 Deputy Director of a Joint Task Force. 

6 (B) STAFF.—Each official serving on the staff of a Joint Task 

7 Force shall complete the joint duty training program in the 1st 

8 year of assignment to the Joint Task Force. 

9 (C) EXCEPTION.—Subparagraph (A) does not apply to the 1st 

10 Director or Deputy Director appointed to a Joint Task Force on 

11 or after December 23, 2016. 

12 (D) WAIVER.—The Secretary may waive the application of sub13 paragraph (A) if the Secretary determines that the waiver is in 

14 the interest of homeland security or necessary to carry out the 

15 mission for which a Joint Task Force was established. 

16 (j) NOTIFICATION OF JOINT TASK FORCE FORMATION.— 

17 (1) IN GENERAL.—Not later than 90 days before establishing a Joint 

18 Task Force under this section, the Secretary shall submit to the major19 ity leader of the Senate, the minority leader of the Senate, The Speak20 er of the House of Representatives, the majority leader of the House 

21 of Representatives, the minority leader of the House of Representa22 tives, the Committee on Homeland Security and the Committee on 

23 Transportation and Infrastructure of the House of Representatives, 

24 and the Committee on Homeland Security and Governmental Affairs 

25 and the Committee on Commerce, Science, and Transportation of the 

26 Senate a notification regarding the establishment. 

27 (2) WAIVER AUTHORITY.—The Secretary may waive the requirement 

28 under paragraph (1) in the event of an emergency circumstance that 

29 imminently threatens the protection of human life or property. 

30 (k) REVIEW.—Not later than January 31, 2018, and January 31, 2021, 

31 the Inspector General of the Department shall submit to the Committee on 

32 Homeland Security and the Committee on Transportation and Infrastruc33 ture of the House of Representatives and the Committee on Homeland Se34 curity and Governmental Affairs and the Committee on Commerce, Science, 

35 and Transportation of the Senate a review of the Joint Task Forces estab36 lished under this section. The reviews shall include— 

37 (1) an assessment of the effectiveness of the structure of each Joint 

38 Task Force; and 

39 (2) recommendations for enhancements to the structure to strength40 en the effectiveness of each Joint Task Force. 


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1 (l) JOINT DUTY ASSIGNMENT PROGRAM.—After establishing the joint 

2 duty training program under subsection (i), the Secretary shall establish a 

3 joint duty assignment program in the Department for the purposes of en4 hancing coordination in the Department and promoting workforce profes5 sional development. 

6 (m) SUNSET.—This section expires on September 30, 2022. 

7 § 11509. Office of Strategy, Policy, and Plans 

8 (a) IN GENERAL.—The Under Secretary for Strategy, Policy, and Plans 

9 is the principal policy advisor to the Secretary. 

10 (b) FUNCTIONS.—The Under Secretary for Strategy, Policy, and Plans 

11 shall— 

12 (1) lead, conduct, and coordinate Department-wide policy develop13 ment and implementation and strategic planning; 

14 (2) develop and coordinate policies to promote and ensure quality, 

15 consistency, and integration for the programs, components, offices, and 

16 activities across the Department; 

17 (3) develop and coordinate strategic plans and long-term goals of the 

18 Department with risk-based analysis and planning to improve oper19 ational mission effectiveness, including consultation with the Secretary 

20 regarding the quadrennial homeland security review under section 

21 11506 of this title; 

22 (4) manage Department leadership councils and provide analytics 

23 and support to the councils; 

24 (5) manage international coordination and engagement for the De25 partment; 

26 (6) review and incorporate, as appropriate, external stakeholder feed27 back into Department policy; and 

28 (7) carry out such other responsibilities as the Secretary determines 

29 appropriate. 

30 (c) COORDINATION BY DEPARTMENT COMPONENTS.—To ensure consist31 ency with the policy priorities of the Department, the head of each compo32 nent of the Department shall coordinate with the Office of Strategy, Policy, 

33 and Plans in establishing or modifying policies or strategic planning guid34 ance with respect to each component. 

35 (d) HOMELAND SECURITY STATISTICS AND JOINT ANALYSIS.— 

36 (1) HOMELAND SECURITY STATISTICS.—The Under Secretary for 

37 Strategy, Policy, and Plans shall— 

38 (A) establish standards of reliability and validity for statistical 

39 data collected and analyzed by the Department; 


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1 (B) be provided by the heads of all components of the Depart2 ment with statistical data maintained by the Department regard3 ing the operations of the Department. 

4 (C) conduct or oversee analysis and reporting of the data by the 

5 Department as required by law or as directed by the Secretary; 

6 and 

7 (D) ensure the accuracy of metrics and statistical data provided 

8 to Congress. 

9 (2) TRANSFER OF RESPONSIBILITIES.—There shall be transferred to 

10 the Under Secretary for Strategy, Policy, and Plans the maintenance 

11 of all immigration statistical information of U.S. Customs and Border 

12 Protection, U.S. Immigration and Customs Enforcement, and U.S. 

13 Citizenship and Immigration Services, which shall include information 

14 and statistics of the type contained in the publication entitled ‘‘Year15 book of Immigration Statistics’’ prepared by the Office of Immigration 

16 Statistics, including region-by-region statistics on the aggregate num17 ber of applicants and petitions filed by an alien (or filed on behalf of 

18 an alien) and denied, and the reasons for the denial, disaggregated by 

19 category of denial and application or petition type. 

20 (e) LIMITATION.—Nothing in this section overrides or otherwise affects 

21 the requirements specified in section 10312 of this title. 

22 Chapter 117—Coordination With Other 

23 Entities 

Sec. 

11701. Responsibilities of Office for State and Local Government Coordination. 

11702. Responsibilities of Office for National Capital Region Coordination. 

11703. Joint Interagency Task Force. 

11704. Coordination with Department of Health and Human Services under the Public 

Health Service Act. 

11705. Aviation security. 

11706. Investigation of violent acts, shootings, and mass killings. 

11707. Facilitating homeland security information sharing procedures. 

11708. Information sharing. 

11709. Prevention of international child abduction. 

11710. Limitation of liability. 

24 § 11701. Responsibilities of Office for State and Local Gov25 ernment Coordination 

26 The Office for State and Local Government Coordination oversees and co27 ordinates departmental programs for and relationships with State and local 

28 governments. The Office shall— 

29 (1) coordinate the activities of the Department relating to State and 

30 local government; 

31 (2) assess, and advocate for, the resources needed by State and local 

32 government to implement the national strategy for combating ter33 rorism; 


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1 (3) provide State and local government with regular information, re2 search, and technical support to assist local efforts at securing the 

3 homeland; and 

4 (4) develop a process for receiving meaningful input from State and 

5 local government to assist the development of the national strategy for 

6 combating terrorism and other homeland security activities. 

7 § 11702. Responsibilities of Office for National Capital Re8 gion Coordination 

9 (a) IN GENERAL.—The Office for National Capital Region Coordination 

10 oversees and coordinates Federal programs for and relationships with State, 

11 local, and regional authorities in the National Capital Region, as defined 

12 under section 2674(f)(2) of title 10. 

13 (b) COOPERATION WITH NATIONAL CAPITAL REGION OFFICIALS.—The 

14 Secretary shall cooperate with the Mayor of the District of Columbia, the 

15 Governors of Maryland and Virginia, and other State, local, and regional 

16 officers in the National Capital Region to integrate the District of Colum17 bia, Maryland, and Virginia into the planning, coordination, and execution 

18 of the activities of the Federal Government for the enhancement of domestic 

19 preparedness against the consequences of terrorist attacks. 

20 (c) RESPONSIBILITIES.—The Office for National Capital Region Coordi21 nation shall— 

22 (1) coordinate the activities of the Department relating to the Na23 tional Capital Region, including cooperation with the Office for State 

24 and Local Government Coordination; 

25 (2) assess, and advocate for, the resources needed by State, local, 

26 and regional authorities in the National Capital Region to implement 

27 efforts to secure the homeland; 

28 (3) provide State, local, and regional authorities in the National Cap29 ital Region with regular information, research, and technical support 

30 to assist the efforts of State, local, and regional authorities in the Na31 tional Capital Region in securing the homeland; 

32 (4) develop a process for receiving meaningful input from State, 

33 local, and regional authorities and the private sector in the National 

34 Capital Region to assist in the development of the homeland security 

35 plans and activities of the Federal Government; 

36 (5) coordinate with Federal agencies in the National Capital Region 

37 on terrorism preparedness, to ensure adequate planning, information 

38 sharing, training, and execution of the Federal role in domestic pre39 paredness activities; 

40 (6) coordinate with Federal, State, local, and regional agencies, and 

41 the private sector in the National Capital Region on terrorism preVerDate Sep 11 2014 18:05 Jun 12, 2018 Jkt 079200 PO 00000 Frm 00368 Fmt 6652 Sfmt 6221 E:\BILLS\H6063.IH H6063

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1 paredness to ensure adequate planning, information sharing, training, 

2 and execution of domestic preparedness activities among these agencies 

3 and entities; and 

4 (7) serve as a liaison between the Federal Government and State, 

5 local, and regional authorities, and private-sector entities in the Na6 tional Capital Region to facilitate access to Federal grants and other 

7 programs. 

8 (d) ANNUAL REPORT.—The Office for National Capital Region Coordina9 tion shall submit an annual report to Congress that includes— 

10 (1) the identification of the resources required to fully implement 

11 homeland security efforts in the National Capital Region; 

12 (2) an assessment of the progress made by the National Capital Re13 gion in implementing homeland security efforts; and 

14 (3) recommendations to Congress regarding the additional resources 

15 needed to fully implement homeland security efforts in the National 

16 Capital Region. 

17 (e) LIMITATION.—Nothing contained in this section shall be construed as 

18 limiting the power of State and local governments. 

19 § 11703. Joint Interagency Task Force 

20 The Secretary may establish and operate a permanent Joint Interagency 

21 Homeland Security Task Force composed of representatives from military 

22 and civilian agencies of the United States Government for the purposes of 

23 anticipating terrorist threats against the United States and taking appro24 priate actions to prevent harm to the United States. 

25 § 11704. Coordination with Department of Health and 

26 Human Services under the Public Health Service 

27 Act 

28 (a) IN GENERAL.—The annual Federal response plan developed by the 

29 Department shall be consistent with section 319 of the Public Health Serv30 ice Act (42 U.S.C. 247d). 

31 (b) DISCLOSURES AMONG RELEVANT AGENCIES.— 

32 (1) IN GENERAL.—Full disclosure among relevant agencies shall be 

33 made under this subsection. 

34 (2) PUBLIC HEALTH EMERGENCY.—During the period in which the 

35 Secretary of Health and Human Services has declared the existence of 

36 a public health emergency under section 319(a) of the Public Health 

37 Service Act (42 U.S.C. 247d(a)), the Secretary of Health and Human 

38 Services shall keep relevant agencies, including the Department of 

39 Homeland Security, the Department of Justice, and the Federal Bu40 reau of Investigation, fully and currently informed. 


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1 (3) POTENTIAL PUBLIC HEALTH EMERGENCY.—In cases involving, 

2 or potentially involving, a public health emergency, but in which no de3 termination of an emergency by the Secretary of Health and Human 

4 Services under section 319(a) of the Public Health Service Act (42 

5 U.S.C. 247d(a)) has been made, all relevant agencies, including the De6 partment, the Department of Justice, and the Federal Bureau of Inves7 tigation, shall keep the Secretary of Health and Human Services and 

8 the Director of the Centers for Disease Control and Prevention fully 

9 and currently informed. 

10 § 11705. Aviation security 

11 (a) CONSULTATION WITH FEDERAL AVIATION ADMINISTRATION.—The 

12 Secretary and other officials in the Department shall consult with the Ad13 ministrator of the Federal Aviation Administration before taking an action 

14 that might affect aviation safety, air carrier operations, aircraft airworthi15 ness, or the use of airspace. The Secretary shall establish a liaison office 

16 in the Department to consult with the Administrator of the Federal Avia17 tion Administration. 

18 (b) LIMITATIONS ON STATUTORY CONSTRUCTION.— 

19 (1) GRANT OF AUTHORITY.—Nothing in this subtitle may be con20 strued to vest in the Secretary or another official in the Department 

21 authority over transportation security that is not vested in the Admin22 istrator of the Transportation Security Administration, or that was not 

23 vested in the Secretary of Transportation under chapter 449 of title 

24 49 on November 24, 2002. 

25 (2) OBLIGATION OF AIP FUNDS.—Nothing in this subtitle may be 

26 construed to authorize the Secretary or any other official in the De27 partment to obligate amounts made available under section 48103 of 

28 title 49. 

29 § 11706. Investigation of violent acts, shootings, and mass 

30 killings 

31 (a) DEFINITIONS.—In this section: 

32 (1) MASS KILLINGS.—The term ‘‘mass killings’’ means 3 or more 

33 killings in a single incident. 

34 (2) PLACE OF PUBLIC USE.—The term ‘‘place of public use’’ has the 

35 meaning given the term under section 2332f(e)(6) of title 18. 

36 (b) PROVIDING ASSISTANCE.—At the request of an appropriate law en37 forcement official of a State or political subdivision, the Secretary, through 

38 deployment of the Secret Service or U.S. Immigration and Customs En39 forcement, may assist in the investigation of violent acts and shootings oc40 curring in a place of public use, and in the investigation of mass killings 

41 and attempted mass killings. Any assistance provided by the Secretary 


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1 under this subsection shall be presumed to be within the scope of a Federal 

2 office or of Federal employment. 

3 § 11707. Facilitating homeland security information sharing 

4 procedures 

5 (a) DEFINITIONS.—In this section: 

6 (1) HOMELAND SECURITY INFORMATION.—The term ‘‘homeland se7 curity information’’ means information possessed by a Federal, State, 

8 or local agency that— 

9 (A) relates to the threat of terrorist activity; 

10 (B) relates to the ability to prevent, interdict, or disrupt ter11 rorist activity; 

12 (C) would improve the identification or investigation of a sus13 pected terrorist or terrorist organization; or 

14 (D) would improve the response to a terrorist act. 

15 (2) INTELLIGENCE COMMUNITY.—The term ‘‘intelligence commu16 nity’’ has the meaning given the term in section 3(4) of the National 

17 Security Act of 1947 (50 U.S.C. 3003(4)). 

18 (3) STATE AND LOCAL PERSONNEL.—The term ‘‘State and local per19 sonnel’’ means any of the following persons involved in the prevention 

20 of, preparation for, or response to terrorist attack: 

21 (A) State Governors, mayors, and other locally elected officials. 

22 (B) State and local law enforcement personnel and firefighters. 

23 (C) Public health and medical professionals. 

24 (D) Regional, State, and local emergency management agency 

25 personnel, including State adjutant generals. 

26 (E) Other appropriate emergency response agency personnel. 

27 (F) Employees of private-sector entities that affect critical in28 frastructure, cyber, economic, or public health security, as des29 ignated by the Federal Government in procedures developed under 

30 this section. 

31 (b) PROCEDURES FOR DETERMINING EXTENT OF SHARING OF HOME32 LAND SECURITY INFORMATION.— 

33 (1) ESTABLISHMENT OF PROCEDURES.—The President shall pre34 scribe and implement procedures under which relevant Federal agen35 cies— 

36 (A) share relevant and appropriate homeland security informa37 tion with other Federal agencies, including the Department, and 

38 appropriate State and local personnel; 

39 (B) identify and safeguard homeland security information that 

40 is sensitive but unclassified; and 


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1 (C) to the extent the information is in classified form, determine 

2 whether, how, and to what extent to remove classified information, 

3 as appropriate, and with which personnel it may be shared after 

4 the information is removed. 

5 (2) APPLICABILITY.—The President shall ensure that the procedures 

6 apply to all agencies of the Federal Government. 

7 (3) NO CHANGE IN SUBSTANTIVE REQUIREMENTS.—The procedures 

8 shall not change the substantive requirements for the classification and 

9 safeguarding of classified information. 

10 (4) NO CHANGE IN PROTECTIVE AUTHORITIES.—The procedures 

11 shall not change the requirements and authorities to protect sources 

12 and methods. 

13 (c) PROCEDURES FOR SHARING OF HOMELAND SECURITY INFORMA14 TION.— 

15 (1) IN GENERAL.—Under procedures prescribed by the President, all 

16 appropriate agencies, including the intelligence community, shall, 

17 through information sharing systems, share homeland security informa18 tion with Federal agencies and appropriate State and local personnel 

19 to the extent the information may be shared, as determined under sub20 section (b), together with assessments of the credibility of the informa21 tion. 

22 (2) SYSTEM CAPABILITIES.—Each information sharing system 

23 through which information is shared under paragraph (1) shall— 

24 (A) have the capability to transmit unclassified or classified in25 formation, though the procedures and recipients for each capa26 bility may differ; 

27 (B) have the capability to restrict delivery of information to 

28 specified subgroups by geographic location, type of organization, 

29 position of a recipient within an organization, or a recipient’s need 

30 to know the information; 

31 (C) be configured to allow the efficient and effective sharing of 

32 information; and 

33 (D) be accessible to appropriate State and local personnel. 

34 (3) USE CONDITIONS.—The procedures prescribed under paragraph 

35 (1) shall establish conditions on the use of information shared under 

36 paragraph (1)— 

37 (A) to limit the re-dissemination of the information to ensure 

38 that the information is not used for an unauthorized purpose; 

39 (B) to ensure the security and confidentiality of the informa40 tion; 


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1 (C) to protect the constitutional and statutory rights of individ2 uals who are subjects of the information; and 

3 (D) to provide data integrity through the timely removal and 

4 destruction of obsolete or erroneous names and information. 

5 (4) INCLUSION OF EXISTING SYSTEMS.—The procedures prescribed 

6 under paragraph (1) shall ensure, to the greatest extent practicable, 

7 that the information sharing system through which information is 

8 shared under that paragraph include existing information sharing sys9 tems, including the National Law Enforcement Telecommunications 

10 System, the Regional Information Sharing System, and the Terrorist 

11 Threat Warning System of the Federal Bureau of Investigation. 

12 (5) AGENCY ACCESS.—Each appropriate Federal agency, as deter13 mined by the President, shall have access to each information sharing 

14 system through which information is shared under paragraph (1), and 

15 shall therefore have access to all information, as appropriate, shared 

16 under that paragraph. 

17 (6) SHARING INFORMATION.—The procedures prescribed under para18 graph (1) shall ensure that appropriate State and local personnel are 

19 authorized to use the information sharing systems— 

20 (A) to access information shared with the personnel; and 

21 (B) to share, with others who have access to the information 

22 sharing systems, the homeland security information of their own 

23 jurisdictions, which shall be marked appropriately as pertaining to 

24 potential terrorist activity. 

25 (7) ASSESSMENT AND INTEGRATION OF INFORMATION.—Under pro26 cedures prescribed jointly by the Director of National Intelligence and 

27 the Attorney General, each appropriate Federal agency, as determined 

28 by the President, shall review and assess the information shared under 

29 paragraph (6) and integrate the information with existing intelligence. 

30 (d) SHARING OF CLASSIFIED INFORMATION AND SENSITIVE BUT UN31 CLASSIFIED INFORMATION WITH STATE AND LOCAL PERSONNEL.— 

32 (1) IN GENERAL.—The President shall prescribe procedures under 

33 which Federal agencies may, to the extent the President considers nec34 essary, share with appropriate State and local personnel homeland se35 curity information that remains classified or otherwise protected after 

36 the determinations prescribed under the procedures set forth in sub37 section (b) are made. 

38 (2) TRAINING PROGRAM.— 

39 (A) ESTABLISHMENT.—The Secretary shall establish a program 

40 to provide appropriate training to officials described in subpara41 graph (B) in order to assist the officials in— 


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1 (i) identifying sources of potential terrorist threats through 

2 the methods the Secretary determines are appropriate; 

3 (ii) reporting information relating to the potential terrorist 

4 threats to the appropriate Federal agencies in the appropriate 

5 form and manner; 

6 (iii) assuring that all reported information is systematically 

7 submitted to and passed on by the Department for use by ap8 propriate Federal agencies; and 

9 (iv) understanding the mission and roles of the intelligence 

10 community to promote more effective information sharing 

11 among Federal, State, and local officials and representatives 

12 of the private sector to prevent terrorist attacks against the 

13 United States. 

14 (B) TRAINING COVERAGE.—The officials referred to in subpara15 graph (A) are officials of State and local government agencies and 

16 representatives of private-sector entities with responsibilities relat17 ing to the oversight and management of first responders, counter18 terrorism activities, or critical infrastructure. 

19 (C) CONSULTATION WITH ATTORNEY GENERAL.—The Secretary 

20 shall consult with the Attorney General to ensure that the training 

21 program established in subparagraph (A) does not duplicate the 

22 training program established in section 908 of the USA PA23 TRIOT Act (Public Law 107–56, 28 U.S.C. 509 note). 

24 (D) OTHER CONSULTATION.—The Secretary shall carry out this 

25 paragraph in consultation with the Director of National Intel26 ligence and the Attorney General. 

27 (e) RESPONSIBLE OFFICIALS.—For each affected Federal agency, the 

28 head of the agency shall designate an official to administer this subtitle with 

29 respect to the agency. 

30 (f) FEDERAL CONTROL OF INFORMATION.—Under procedures prescribed 

31 under this section, information obtained by a State or local government 

32 from a Federal agency under this section shall remain under the control of 

33 the Federal agency, and a State or local law authorizing or requiring a gov34 ernment to disclose information shall not apply to the information. 

35 (g) CONSTRUCTION.—Nothing in this subtitle shall be construed as au36 thorizing a department, bureau, agency, officer, or employee of the Federal 

37 Government to request, receive, or transmit to another Government entity 

38 or any Government personnel, or transmit to a State or local entity or State 

39 or local personnel otherwise authorized by the Homeland Security Act of 

40 2002 (Public Law 107–296, 116 Stat. 2135) to receive homeland security 

41 information, information collected by the Federal Government solely for staVerDate Sep 11 2014 18:05 Jun 12, 2018 Jkt 079200 PO 00000 Frm 00374 Fmt 6652 Sfmt 6221 E:\BILLS\H6063.IH H6063

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1 tistical purposes in violation of any other provision of law relating to the 

2 confidentiality of the information. 

3 (h) AUTHORIZATION OF APPROPRIATIONS.—There are authorized to be 

4 appropriated such sums as may be necessary to carry out this section. 

5 § 11708. Information sharing 

6 (a) DEFINITIONS.—In this section: 

7 (1) HOMELAND SECURITY INFORMATION.—The term ‘‘homeland se8 curity information’’ has the meaning given the term in section 

9 11707(a) of this title. 

10 (2) INFORMATION SHARING COUNCIL.—The term ‘‘Information Shar11 ing Council’’ means the Information Sharing Council established by 

12 Executive Order 13388 (Oct. 25, 2005, 70 F.R. 62023), or any suc13 cessor body designated by the President, and referred to under sub14 section (e). 

15 (3) INFORMATION SHARING ENVIRONMENT; ISE.—The terms ‘‘infor16 mation sharing environment’’ and ‘‘ISE’’ mean an approach that facili17 tates the sharing of terrorism and homeland security information, 

18 which may include any method determined necessary and appropriate 

19 for carrying out this section. 

20 (4) PROGRAM MANAGER.—The term ‘‘program manager’’ means the 

21 program manager designated under subsection (d). 

22 (5) TERRORISM INFORMATION.—The term ‘‘terrorism informa23 tion’’— 

24 (A) means all information, whether collected, produced, or dis25 tributed by intelligence, law enforcement, military, homeland secu26 rity, or other activities relating to— 

27 (i) the existence, organization, capabilities, plans, inten28 tions, vulnerabilities, means of finance or material support, or 

29 activities of foreign or international terrorist groups or indi30 viduals, or of domestic groups or individuals involved in 

31 transnational terrorism; 

32 (ii) threats posed by the groups or individuals to the 

33 United States, United States persons, or United States inter34 ests, or to those of other nations; 

35 (iii) communications of or by the groups or individuals; or 

36 (iv) other groups or individuals reasonably believed to be 

37 assisting or associated with the groups or individuals; and 

38 (B) includes weapons of mass destruction information. 

39 (6) WEAPONS OF MASS DESTRUCTION INFORMATION.—The term 

40 ‘‘weapons of mass destruction information’’ means information that 

41 could reasonably be expected to assist in the development, proliferation, 


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1 or use of a weapon of mass destruction (including a chemical, biologi2 cal, radiological, or nuclear weapon) that could be used by a terrorist 

3 or a terrorist organization against the United States, including infor4 mation about the location of a stockpile of nuclear materials that could 

5 be exploited for use in a weapon that could be used by a terrorist or 

6 a terrorist organization against the United States. 

7 (b) INFORMATION SHARING ENVIRONMENT.— 

8 (1) ESTABLISHMENT.—The President shall— 

9 (A) create an information sharing environment for the sharing 

10 of terrorism information in a manner consistent with national se11 curity and with applicable legal standards relating to privacy and 

12 civil liberties; 

13 (B) designate the organizational and management structures 

14 that will be used to operate and manage the ISE; and 

15 (C) determine and enforce the policies, directives, and rules that 

16 will govern the content and usage of the ISE. 

17 (2) ATTRIBUTES.—The President shall, through the structures de18 scribed in subparagraphs (B) and (C) of paragraph (1), ensure that 

19 the ISE provides and facilitates the means for sharing terrorism infor20 mation among all appropriate Federal, State, local, and tribal entities, 

21 and the private sector through the use of policy guidelines and tech22 nologies. The President shall, to the greatest extent practicable, ensure 

23 that the ISE provides the functional equivalent of, or otherwise sup24 ports, a decentralized, distributed, and coordinated environment that— 

25 (A) connects existing systems, where appropriate, provides no 

26 single points of failure, and allows users to share information 

27 among agencies, between levels of government, and, as appro28 priate, with the private sector; 

29 (B) ensures direct and continuous online electronic access to in30 formation; 

31 (C) facilitates the availability of information in a form and man32 ner that facilitates its use in analysis, investigations, and oper33 ations; 

34 (D) builds upon existing systems capabilities currently in use 

35 across the Government; 

36 (E) employs an information access management approach that 

37 controls access to data rather than just systems and networks, 

38 without sacrificing security; 

39 (F) facilitates the sharing of information at and across all levels 

40 of security; 


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1 (G) provides directory services, or the functional equivalent, for 

2 locating people and information; 

3 (H) incorporates protections for individuals’ privacy and civil 

4 liberties; 

5 (I) incorporates strong mechanisms to enhance accountability 

6 and facilitate oversight, including audits, authentication, and ac7 cess controls; 

8 (J) integrates the information within the scope of the informa9 tion sharing environment, including information in legacy tech10 nologies; 

11 (K) integrates technologies, including all legacy technologies, 

12 through Internet-based services, consistent with appropriate secu13 rity protocols and safeguards, to enable connectivity among re14 quired users at the Federal, State, and local levels; 

15 (L) allows the full range of analytic and operational activities 

16 without the need to centralize information within the scope of the 

17 information sharing environment; 

18 (M) permits analysts to collaborate both independently and in 

19 a group (commonly known as ‘‘collective and noncollective collabo20 ration’’), and across multiple levels of national security informa21 tion and controlled unclassified information; 

22 (N) provides a resolution process that enables changes by au23 thorized officials regarding rules and policies for the access, use, 

24 and retention of information within the scope of the information 

25 sharing environment; and 

26 (O) incorporates continuous, real-time, and immutable audit ca27 pabilities, to the maximum extent practicable. 

28 (c) GUIDELINES AND REQUIREMENTS.—The President shall— 

29 (1) leverage all ongoing efforts consistent with establishing the ISE 

30 and issue guidelines for acquiring, accessing, sharing, and using infor31 mation, including guidelines to ensure that information is provided in 

32 its most shareable form, such as by using tearlines to separate out data 

33 from the sources and methods by which the data are obtained; 

34 (2) in consultation with the Privacy and Civil Liberties Oversight 

35 Board established under section 1061 of the Intelligence Reform and 

36 Terrorism Prevention Act of 2004 (42 U.S.C. 2000ee), issue guidelines 

37 that— 

38 (A) protect privacy and civil liberties in the development and 

39 use of the ISE; and 

40 (B) shall be made public, unless nondisclosure is clearly nec41 essary to protect national security; and 


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1 (3) require the heads of Federal departments and agencies to pro2 mote a culture of information sharing by— 

3 (A) reducing disincentives to information sharing, including 

4 over-classification of information and unnecessary requirements 

5 for originator approval, consistent with applicable laws and regula6 tions; and 

7 (B) providing affirmative incentives for information sharing. 

8 (d) PROGRAM MANAGER.— 

9 (1) DESIGNATION.—The President shall designate an individual as 

10 the program manager responsible for information sharing across the 

11 Federal Government. The individual designated as the program man12 ager shall serve as program manager until removed from service or re13 placed by the President (at the President’s sole discretion). The pro14 gram manager, in consultation with the head of an affected department 

15 or agency, shall have and exercise government-wide authority over the 

16 sharing of information within the scope of the information sharing en17 vironment, including homeland security information, terrorism informa18 tion, and weapons of mass destruction information, by all Federal de19 partments, agencies, and components, irrespective of the Federal de20 partment, agency, or component in which the program manager may 

21 be administratively located, except as otherwise expressly provided by 

22 law. 

23 (2) DUTIES AND RESPONSIBILITIES.— 

24 (A) IN GENERAL.—The program manager shall, in consultation 

25 with the Information Sharing Council— 

26 (i) plan for and oversee the implementation of, and man27 age, the ISE; 

28 (ii) assist in the development of policies, as appropriate, to 

29 foster the development and proper operation of the ISE; 

30 (iii) consistent with the direction and policies issued by the 

31 President, the Director of National Intelligence, and the Di32 rector of the Office of Management and Budget, issue govern33 ment-wide procedures, guidelines, instructions, and functional 

34 standards, as appropriate, for the management, development, 

35 and proper operation of the ISE; 

36 (iv) identify and resolve information sharing disputes be37 tween Federal departments, agencies, and components; and 

38 (v) assist, monitor, and assess the implementation of the 

39 ISE by Federal departments and agencies to ensure adequate 

40 progress, technological consistency, and policy compliance; 

41 and regularly report the findings to Congress. 


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1 (B) CONTENT OF POLICIES, PROCEDURES, GUIDELINES, RULES, 

2 AND STANDARDS.—The policies, procedures, guidelines, rules, and 

3 standards under clauses (ii) and (iii) of subparagraph (A) shall— 

4 (i) take into account the varying missions and security re5 quirements of agencies participating in the ISE; 

6 (ii) address development, implementation, and oversight of 

7 technical standards and requirements; 

8 (iii) take into account ongoing and planned efforts that 

9 support development, implementation, and management of 

10 the ISE; 

11 (iv) address and facilitate information sharing between and 

12 among departments and agencies of the intelligence commu13 nity, the Department of Defense, the homeland security com14 munity, and the law enforcement community; 

15 (v) address and facilitate information sharing between Fed16 eral departments and agencies and State, tribal, and local 

17 governments; 

18 (vi) address and facilitate, as appropriate, information 

19 sharing between Federal departments and agencies and the 

20 private sector; 

21 (vii) address and facilitate, as appropriate, information 

22 sharing between Federal departments and agencies with for23 eign partners and allies; and 

24 (viii) ensure the protection of privacy and civil liberties. 

25 (e) INFORMATION SHARING COUNCIL.— 

26 (1) ESTABLISHMENT.—There is in the Department the Information 

27 Sharing Council that assists the President and the program manager 

28 in their duties under this section. The Information Sharing Council 

29 serves until removed from service or replaced by the President (at the 

30 sole discretion of the President) with a successor body. 

31 (2) SPECIFIC DUTIES.—In assisting the President and the program 

32 manager in their duties under this section, the Information Sharing 

33 Council shall— 

34 (A) advise the President and the program manager in devel35 oping policies, procedures, guidelines, roles, and standards nec36 essary to establish, implement, and maintain the ISE; 

37 (B) work to ensure coordination among the Federal depart38 ments and agencies participating in the ISE in the establishment, 

39 implementation, and maintenance of the ISE; 

40 (C) identify and, as appropriate, recommend the consolidation 

41 and elimination of current programs, systems, and processes used 


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1 by Federal departments and agencies to share information, and 

2 recommend, as appropriate, the redirection of existing resources to 

3 support the ISE; 

4 (D) identify gaps, if any, between existing technologies, pro5 grams, and systems used by Federal departments and agencies to 

6 share information and the parameters of the proposed information 

7 sharing environment; 

8 (E) recommend solutions to address gaps identified under sub9 paragraph (D); 

10 (F) recommend means by which the ISE can be extended to 

11 allow interchange of information between Federal departments and 

12 agencies and appropriate authorities of State and local govern13 ments; 

14 (G) assist the program manager in identifying and resolving in15 formation sharing disputes between Federal departments, agen16 cies, and components; 

17 (H) identify appropriate personnel for assignment to the pro18 gram manager to support staffing needs identified by the program 

19 manager; and 

20 (I) recommend whether or not, and by which means, the ISE 

21 should be expanded so as to allow future expansion encompassing 

22 other relevant categories of information. 

23 (3) CONSULTATION.—In performing its duties, the Information 

24 Sharing Council shall consider input from persons and entities outside 

25 the Federal Government having significant experience and expertise in 

26 policy, technical matters, and operational matters relating to the ISE. 

27 (4) INAPPLICABILITY OF FEDERAL ADVISORY COMMITTEE ACT.—The 

28 Information Sharing Council (including a subsidiary group of the 

29 Council) is not subject to the requirements of the Federal Advisory 

30 Committee Act (5 U.S.C. App.). 

31 (5) DETAILEES.—On a request by the Director of National Intel32 ligence, the departments and agencies represented on the Information 

33 Sharing Council shall detail to the program manager, on a reimburs34 able basis, appropriate personnel identified under paragraph (2)(H). 

35 (f) PERFORMANCE MANAGEMENT REPORTS.— 

36 (1) IN GENERAL.—Not later than June 30 each year, the President 

37 shall submit to Congress a report on the state of the ISE and of infor38 mation sharing across the Federal Government. 

39 (2) CONTENT.—Each report under this subsection shall include— 

40 (A) a progress report on the extent to which the ISE has been 

41 implemented, including how the ISE has fared on the performance 


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1 measures and whether the performance goals set in the preceding 

2 year have been met; 

3 (B) objective system-wide performance goals for the following 

4 year; 

5 (C) an accounting of how much was spent on the ISE in the 

6 preceding year; 

7 (D) actions taken to ensure that procurement of and invest8 ments in systems and technology are consistent with the imple9 mentation plan for the ISE; 

10 (E) the extent to which all terrorism watch lists are available 

11 for combined searching in real time through the ISE and whether 

12 there are consistent standards for placing individuals on, and re13 moving individuals from, the watch lists, including the availability 

14 of processes for correcting errors; 

15 (F) the extent to which State, tribal, and local officials are par16 ticipating in the ISE; 

17 (G) the extent to which private-sector data, including informa18 tion from owners and operators of critical infrastructure, is incor19 porated in the ISE, and the extent to which individuals and enti20 ties outside the government are receiving information through the 

21 ISE; 

22 (H) the measures taken by the Federal government to ensure 

23 the accuracy of information in the ISE, in particular the accuracy 

24 of information about individuals; 

25 (I) an assessment of the privacy and civil liberties protections 

26 of the ISE, including actions taken in the preceding year to imple27 ment or enforce privacy and civil liberties protections; and 

28 (J) an assessment of the security protections used in the ISE. 

29 (g) AGENCY RESPONSIBILITIES.—The head of each department or agency 

30 that possesses or uses intelligence or terrorism information, operates a sys31 tem in the ISE, or otherwise participates (or expects to participate) in the 

32 ISE shall— 

33 (1) ensure full department or agency compliance with information 

34 sharing policies, procedures, guidelines, rules, and standards estab35 lished under subsections (b) and (f); 

36 (2) ensure the provision of adequate resources for systems and ac37 tivities supporting operation of and participation in the ISE; 

38 (3) ensure full department or agency cooperation in the development 

39 of the ISE to implement government-wide information sharing; and 


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1 (4) submit, at the request of the President or the program manager, 

2 reports on the implementation of the requirements of the ISE within 

3 the department or agency. 

4 (h) ADDITIONAL POSITIONS.—The program manager may hire not more 

5 than 40 full-time employees to assist the program manager in— 

6 (1) activities associated with the implementation of the information 

7 sharing environment, including 

8 (A) implementing the requirements under subsection (b)(2); and 

9 (B) any additional implementation initiatives to enhance and ex10 pedite the creation of the information sharing environment; and 

11 (2) identifying and resolving information sharing disputes between 

12 Federal departments, agencies, and components under subsection 

13 (d)(2)(A)(iv). 

14 § 11709. Prevention of international child abduction 

15 (a) PROGRAM ESTABLISHED.—The Secretary, through the Commissioner 

16 of U.S. Customs and Border Protection, in coordination with the Secretary 

17 of State, the Attorney General, and the Director of the Federal Bureau of 

18 Investigation, shall establish a program that— 

19 (1) seeks to prevent a child (as defined in section 1204(b)(1) of title 

20 18) from departing from the territory of the United States if a parent 

21 or legal guardian of the child presents a court order from a court of 

22 competent jurisdiction prohibiting the removal of the child from the 

23 United States to a U.S. Customs and Border Protection Officer in suf24 ficient time to prevent the departure for the duration of the court 

25 order; and 

26 (2) leverages other existing authorities and processes to address the 

27 wrongful removal and return of a child. 

28 (b) INTERAGENCY COORDINATION.— 

29 (1) IN GENERAL.—The Secretary of State shall convene and chair 

30 an interagency working group to prevent international parental child 

31 abduction. The group shall be composed of presidentially appointed, 

32 Senate confirmed officials from— 

33 (A) the Department of State; 

34 (B) the Department of Homeland Security, including U.S. Cus35 toms and Border Protection and U.S. Immigration and Customs 

36 Enforcement; and 

37 (C) the Department of Justice, including the Federal Bureau of 

38 Investigation. 

39 (2) DEPARTMENT OF DEFENSE.—The Secretary of Defense shall 

40 designate an official in the Department of Defense— 


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1 (A) to coordinate with the Department of State on international 

2 child abduction issues; and 

3 (B) to oversee activities designed to prevent or resolve inter4 national child abduction cases relating to active duty military serv5 ice members. 

6 § 11710. Limitation of liability 

7 A person who has completed a security awareness training course ap8 proved by or operated under a cooperative agreement with the Department, 

9 who is enrolled in a program recognized or acknowledged by an Information 

10 Sharing and Analysis Center and who reports a situation, activity or inci11 dent pursuant to that program to an appropriate authority, shall not be lia12 ble for damages in an action brought in a Federal or State court which re13 sult from an act or omission unless the person is guilty of gross negligence 

14 or willful misconduct. 

15 Chapter 119—Homeland Security Council 

Sec. 

11901. Establishment. 

11902. Membership. 

11903. Functions and activities. 

11904. Staff. 

11905. Joint meetings with National Security Council. 

16 § 11901. Establishment 

17 There is in the Executive Office of the President the Homeland Security 

18 Council to advise the President on homeland security matters. 

19 § 11902. Membership 

20 (a) MEMBERS.—The members of the Homeland Security Council are the 

21 following: 

22 (1) The President. 

23 (2) The Vice President. 

24 (3) The Secretary. 

25 (4) The Attorney General. 

26 (5) The Secretary of Defense. 

27 (6) Other individuals who may be designated by the President. 

28 (b) ATTENDANCE OF CHAIRMAN OF JOINT CHIEFS OF STAFF AT MEET29 INGS.—The Chairman of the Joint Chiefs of Staff (or, in the absence of 

30 the Chairman, the Vice Chairman of the Joint Chiefs of Staff) may, in the 

31 role of the Chairman of the Joint Chiefs of Staff as principal military ad32 viser to the Homeland Security Council and subject to the direction of the 

33 President, attend and participate in meetings of the Council. 

34 § 11903. Functions and activities 

35 To effectively coordinate the policies and functions of the United States 

36 Government relating to homeland security, the Homeland Security Council 

37 shall— 


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1 (1) assess the objectives, commitments, and risks of the United 

2 States in the interest of homeland security and make resulting rec3 ommendations to the President; 

4 (2) oversee and review homeland security policies of the Federal Gov5 ernment and make resulting recommendations to the President; and 

6 (3) perform other functions that the President may direct. 

7 § 11904. Staff 

8 (a) HEADED BY EXECUTIVE SECRETARY.—The Homeland Security 

9 Council has a staff, the head of which is a civilian Executive Secretary ap10 pointed by the President. 

11 (b) PAY OF EXECUTIVE SECRETARY.—The President shall fix the pay of 

12 the Executive Secretary at a rate not to exceed the rate of pay payable to 

13 the Executive Secretary of the National Security Council. 

14 § 11905. Joint meetings with National Security Council 

15 The President may convene joint meetings of the Homeland Security 

16 Council and the National Security Council with participation by members 

17 of either Council or as the President may otherwise direct. 

18 Chapter 121—Emergency Communications 

Sec. 

12101. Definition; rule of construction. 

12102. Responsibilities of Director for Emergency Communications. 

12103. National Emergency Communications Plan. 

12104. Assessments and reports. 

12105. Coordination of Department emergency communications grant programs. 

12106. Regional Emergency Communications Coordination. 

12107. Emergency Communications Preparedness Center. 

12108. Urban and other high risk area communications capabilities. 

12109. Interoperable Emergency Communications Grant Program. 

19 § 12101. Definition; rule of construction 

20 (a) DEFINITION.—In this chapter, the terms ‘‘interoperable communica21 tions’’ and ‘‘interoperable emergency communications’’ have the meaning 

22 given the term ‘‘interoperable communications’’ under section 10712(a) of 

23 this title. 

24 (b) RULE OF CONSTRUCTION.— Nothing in this chapter or in sections 

25 10713 or 10714 of this title shall be construed to transfer to the Office of 

26 Emergency Communications any function, personnel, asset, component, au27 thority, grant program, or liability of the Federal Emergency Management 

28 Agency as constituted on June 1, 2006. 

29 § 12102. Responsibilities of Director for Emergency Commu30 nications 

31 (a) IN GENERAL.—The Director for Emergency Communications shall— 

32 (1) assist the Secretary in developing and implementing the program 

33 described in section 10712(b)(1) of this title, except as provided in sec34 tion 10713 of this title; 


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1 (2) administer the Department’s responsibilities and authorities re2 lating to the SAFECOM Program, excluding elements related to re3 search, development, testing, and evaluation and standards; 

4 (3) administer the Department’s responsibilities and authorities re5 lating to the Integrated Wireless Network program; 

6 (4) conduct extensive, nationwide outreach to support and promote 

7 the ability of emergency response providers and relevant government 

8 officials to continue to communicate in the event of natural disasters, 

9 acts of terrorism, and other man-made disasters; 

10 (5) conduct extensive, nationwide outreach and foster the develop11 ment of interoperable emergency communications capabilities by State, 

12 regional, local, and tribal governments and public safety agencies, and 

13 by regional consortia thereof; 

14 (6) provide technical assistance to State, regional, local, and tribal 

15 government officials with respect to use of interoperable emergency 

16 communications capabilities; 

17 (7) coordinate with the Regional Administrators regarding the activi18 ties of Regional Emergency Communications Coordination Working 

19 Groups under section 12106 of this title; 

20 (8) promote the development of standard operating procedures and 

21 best practices with respect to use of interoperable emergency commu22 nications capabilities for incident response, and facilitate the sharing 

23 of information on best practices for achieving, maintaining, and en24 hancing interoperable emergency communications capabilities for re25 sponse; 

26 (9) coordinate, in cooperation with the National Communications 

27 System, the establishment of a national response capability with initial 

28 and ongoing planning, implementation, and training for the deployment 

29 of communications equipment for relevant State, local, and tribal gov30 ernments and emergency response providers in the event of a cata31 strophic loss of local and regional emergency communications services; 

32 (10) assist the President, the National Security Council, the Home33 land Security Council, and the Director of the Office of Management 

34 and Budget in ensuring the continued operation of the telecommuni35 cations functions and responsibilities of the Federal Government, ex36 cluding spectrum management; 

37 (11) establish, in coordination with the Director of the Office for 

38 Interoperability and Compatibility, requirements for interoperable 

39 emergency communications capabilities, which shall be nonproprietary 

40 where standards for the capabilities exist, for all public safety radio 

41 and data communications systems and equipment purchased using 


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1 homeland security assistance administered by the Department, exclud2 ing any alert and warning device, technology, or system; 

3 (12) review, in consultation with the Assistant Secretary for Grants 

4 and Training, all interoperable emergency communications plans of 

5 Federal, State, local, and tribal governments, including Statewide and 

6 tactical interoperability plans, developed pursuant to homeland security 

7 assistance administered by the Department, but excluding spectrum al8 location and management related to the plans; 

9 (13) develop and update periodically, as appropriate, a National 

10 Emergency Communications Plan under section 12103 of this title; 

11 (14) perform other duties of the Department necessary to support 

12 and promote the ability of emergency response providers and relevant 

13 government officials to continue to communicate in the event of natural 

14 disasters, acts of terrorism, and other man-made disasters; and 

15 (15) perform other duties of the Department necessary to achieve 

16 the goal of, and maintain and enhance, interoperable emergency com17 munications capabilities. 

18 (b) PERFORMANCE OF PREVIOUSLY TRANSFERRED FUNCTIONS.—The 

19 Secretary shall administer through the Director for Emergency Communica20 tions the following programs and responsibilities: 

21 (1) The SAFECOM Program, excluding elements related to re22 search, development, testing, and evaluation and standards. 

23 (2) The responsibilities of the Chief Information Officer related to 

24 the implementation of the Integrated Wireless Network. 

25 (3) The Interoperable Communications Technical Assistance Pro26 gram. 

27 (c) COORDINATION.—The Director for Emergency Communications shall 

28 coordinate— 

29 (1) as appropriate, with the Director of the Office for Interoper30 ability and Compatibility with respect to the responsibilities described 

31 in section 10713 of this title; and 

32 (2) with the Administrator of the Federal Emergency Management 

33 Agency with respect to the responsibilities described in this chapter. 

34 § 12103. National Emergency Communications Plan 

35 (a) IN GENERAL.—The Secretary, acting through the Director for Emer36 gency Communications, and in cooperation with the National Communica37 tions System Office of the Department (as appropriate), shall, in coopera38 tion with State, local, and tribal governments, Federal departments and 

39 agencies, emergency response providers, and the private sector, develop, and 

40 periodically update, a National Emergency Communications Plan to provide 

41 recommendations regarding how the United States should— 


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1 (1) support and promote the ability of emergency response providers 

2 and relevant government officials to continue to communicate in the 

3 event of natural disasters, acts of terrorism, and other man-made dis4 asters; and 

5 (2) ensure, accelerate, and attain interoperable emergency commu6 nications nationwide. 

7 (b) COORDINATION.—The Emergency Communications Preparedness 

8 Center under section 12107 of this title shall coordinate the development 

9 of the Federal aspects of the National Emergency Communications Plan. 

10 (c) CONTENTS.—The National Emergency Communications Plan shall— 

11 (1) include recommendations developed in consultation with the Fed12 eral Communications Commission and the National Institute of Stand13 ards and Technology for a process for expediting national voluntary 

14 consensus standards for emergency communications equipment for the 

15 purchase and use by public safety agencies of interoperable emergency 

16 communications equipment and technologies; 

17 (2) identify the appropriate capabilities necessary for emergency re18 sponse providers and relevant government officials to continue to com19 municate in the event of natural disasters, acts of terrorism, and other 

20 man-made disasters; 

21 (3) identify the appropriate interoperable emergency communications 

22 capabilities necessary for Federal, State, local, and tribal governments 

23 in the event of natural disasters, acts of terrorism, and other man24 made disasters; 

25 (4) recommend both short-term and long-term solutions for ensuring 

26 that emergency response providers and relevant government officials 

27 can continue to communicate in the event of natural disasters, acts of 

28 terrorism, and other man-made disasters; 

29 (5) recommend both short-term and long-term solutions for deploy30 ing interoperable emergency communications systems for Federal, 

31 State, local, and tribal governments throughout the Nation, including 

32 through the provision of existing and emerging technologies; 

33 (6) identify how Federal departments and agencies that respond to 

34 natural disasters, acts of terrorism, and other man-made disasters can 

35 work effectively with State, local, and tribal governments, in all States, 

36 and with other entities; 

37 (7) identify obstacles to deploying interoperable emergency commu38 nications capabilities nationwide and recommend short-term and long39 term measures to overcome those obstacles, including recommendations 

40 for multijurisdictional coordination among Federal, State, local, and 

41 tribal governments; 


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1 (8) recommend goals and timeframes for the deployment of emer2 gency, command-level communications systems based on new and exist3 ing equipment across the United States and develop a timetable for the 

4 deployment of interoperable emergency communications systems nation5 wide; 

6 (9) recommend appropriate measures that emergency response pro7 viders should employ to ensure the continued operation of relevant gov8 ernmental communications infrastructure in the event of natural disas9 ters, acts of terrorism, or other man-made disasters; and 

10 (10) set a date, including interim benchmarks, as appropriate, by 

11 which State, local, and tribal governments, Federal departments and 

12 agencies, and emergency response providers expect to achieve a baseline 

13 level of national interoperable communications, as that term is defined 

14 under section 10712(a) of this title. 

15 § 12104. Assessments and reports 

16 (a) BASELINE ASSESSMENT.—The Secretary, acting through the Director 

17 for Emergency Communications, shall conduct an assessment of Federal, 

18 State, local, and tribal governments every 5 years, that— 

19 (1) defines the range of capabilities needed by emergency response 

20 providers and relevant government officials to continue to communicate 

21 in the event of natural disasters, acts of terrorism, and other man22 made disasters; 

23 (2) defines the range of interoperable emergency communications ca24 pabilities needed for specific events; 

25 (3) assesses the currently available capabilities to meet the commu26 nications needs; 

27 (4) identifies the gap between current capabilities and defined re28 quirements; and 

29 (5) includes a national interoperable emergency communications in30 ventory to be completed by the Secretary, the Secretary of Commerce, 

31 and the Chairman of the Federal Communications Commission that— 

32 (A) identifies for each Federal department and agency— 

33 (i) the channels and frequencies used; 

34 (ii) the nomenclature used to refer to each channel or fre35 quency used; and 

36 (iii) the types of communications systems and equipment 

37 used; and 

38 (B) identifies the interoperable emergency communications sys39 tems in use by public safety agencies in the United States. 


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1 (b) CLASSIFIED ANNEX.—The baseline assessment under this section 

2 may include a classified annex, including information provided under sub3 section (a)(5)(A). 

4 (c) SAVINGS CLAUSE.—In conducting the baseline assessment under this 

5 section, the Secretary may incorporate findings from assessments conducted 

6 before, or ongoing on, October 4, 2006. 

7 (d) PROGRESS REPORTS.—The Secretary, acting through the Director for 

8 Emergency Communications, shall submit to Congress every 2 years a re9 port on the progress of the Department in achieving the goals of, and car10 rying out its responsibilities under, this chapter, including— 

11 (1) a description of the findings of the most recent baseline assess12 ment conducted under subsection (a); 

13 (2) a determination of the degree to which interoperable emergency 

14 communications capabilities have been attained to date and the gaps 

15 that remain for interoperability to be achieved; 

16 (3) an evaluation of the ability to continue to communicate and to 

17 provide and maintain interoperable emergency communications by 

18 emergency managers, emergency response providers, and relevant gov19 ernment officials in the event of— 

20 (A) natural disasters, acts of terrorism, or other man-made dis21 asters, including Incidents of National Significance declared by the 

22 Secretary under the National Response Plan; and 

23 (B) a catastrophic loss of local and regional communications 

24 services; 

25 (4) a list of best practices relating to the ability to continue to com26 municate and to provide and maintain interoperable emergency commu27 nications in the event of natural disasters, acts of terrorism, or other 

28 man-made disasters; and 

29 (5) an evaluation of the feasibility and desirability of the Department 

30 developing, on its own or in conjunction with the Department of De31 fense, a mobile communications capability, modeled on the Army Signal 

32 Corps, that could be deployed to support emergency communications at 

33 the site of natural disasters, acts of terrorism, or other man-made dis34 asters. 

35 § 12105. Coordination of Department emergency commu36 nications grant programs 

37 (a) COORDINATION OF GRANTS AND STANDARDS PROGRAMS.—The Sec38 retary, acting through the Director for Emergency Communications, shall 

39 ensure that grant guidelines for the use of homeland security assistance ad40 ministered by the Department relating to interoperable emergency commu41 nications are coordinated and consistent with the goals and recommendaVerDate Sep 11 2014 18:05 Jun 12, 2018 Jkt 079200 PO 00000 Frm 00389 Fmt 6652 Sfmt 6221 E:\BILLS\H6063.IH H6063

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1 tions in the National Emergency Communications Plan under section 12103 

2 of this title. 

3 (b) DENIAL OF ELIGIBILITY FOR GRANTS.— 

4 (1) IN GENERAL.—The Secretary, acting through the Assistant Sec5 retary for Grants and Planning, and in consultation with the Director 

6 for Emergency Communications, may prohibit any State, local, or trib7 al government from using homeland security assistance administered by 

8 the Department to achieve, maintain, or enhance emergency commu9 nications capabilities, if— 

10 (A) the government has not complied with the requirement to 

11 submit a Statewide Interoperable Communications Plan as re12 quired by section 10712(e) of this title; 

13 (B) the government has proposed to upgrade or purchase new 

14 equipment or systems that do not meet or exceed any applicable 

15 national voluntary consensus standards and has not provided a 

16 reasonable explanation of why the equipment or systems will serve 

17 the needs of the applicant better than equipment or systems that 

18 meet or exceed the standards; and 

19 (C) as of the date that is 3 years after the date of the comple20 tion of the initial National Emergency Communications Plan 

21 under section 12103 of this title, national voluntary consensus 

22 standards for interoperable emergency communications capabilities 

23 have not been developed and promulgated. 

24 (2) STANDARDS.—The Secretary, in coordination with the Federal 

25 Communications Commission, the National Institute of Standards and 

26 Technology, and other Federal departments and agencies responsible 

27 for standards, shall support the development, promulgation, and updat28 ing as necessary of national voluntary consensus standards for inter29 operable emergency communications. 

30 § 12106. Regional Emergency Communications Coordination 

31 (a) IN GENERAL.—There is in each Regional Office a Regional Emer32 gency Communications Coordination Working Group (in this section re33 ferred to as an ‘‘RECC Working Group’’). Each RECC Working Group 

34 shall report to the relevant Regional Administrator and coordinate its activi35 ties with the relevant Regional Advisory Council. 

36 (b) MEMBERSHIP.—Each RECC Working Group consists of the following: 

37 (1) Organizations representing the interests of the following: 

38 (A) State officials. 

39 (B) Local government officials, including sheriffs. 

40 (C) State police departments. 

41 (D) Local police departments. 


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1 (E) Local fire departments. 

2 (F) Public safety answering points (9-1-1 services). 

3 (G) State emergency managers, homeland security directors, or 

4 representatives of State Administrative Agencies. 

5 (H) Local emergency managers or homeland security directors. 

6 (I) Other emergency response providers as appropriate. 

7 (2) Representatives from the Department, the Federal Communica8 tions Commission, and other Federal departments and agencies with 

9 responsibility for coordinating interoperable emergency communications 

10 with, or providing emergency support services to, State, local, and trib11 al governments. 

12 (c) COORDINATION.—Each RECC Working Group shall coordinate its ac13 tivities with the following: 

14 (1) Communications equipment manufacturers and vendors (includ15 ing broadband data service providers). 

16 (2) Local exchange carriers. 

17 (3) Local broadcast media. 

18 (4) Wireless carriers. 

19 (5) Satellite communications services. 

20 (6) Cable operators. 

21 (7) Hospitals. 

22 (8) Public utility services. 

23 (9) Emergency evacuation transit services. 

24 (10) Ambulance services. 

25 (11) HAM and amateur radio operators. 

26 (12) Representatives from other private-sector entities and non27 governmental organizations as the Regional Administrator determines 

28 appropriate. 

29 (d) DUTIES.—The duties of each RECC Working Group include— 

30 (1) assessing the survivability, sustainability, and interoperability of 

31 local emergency communications systems to meet the goals of the Na32 tional Emergency Communications Plan; 

33 (2) reporting annually to the relevant Regional Administrator, the 

34 Director for Emergency Communications, the Chairman of the Federal 

35 Communications Commission, and the Assistant Secretary for Commu36 nications and Information of the Department of Commerce on the sta37 tus of its region in building robust and sustainable interoperable voice 

38 and data emergency communications networks and, not later than 60 

39 days after the completion of the initial National Emergency Commu40 nications Plan under section 12103 of this title, on the progress of the 

41 region in meeting the goals of the plan; 


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1 (3) ensuring a process for the coordination of effective multijuris2 dictional, multi-agency emergency communications networks for use 

3 during natural disasters, acts of terrorism, and other man-made disas4 ters through the expanded use of emergency management and public 

5 safety communications mutual aid agreements; and 

6 (4) coordinating the establishment of Federal, State, local, and tribal 

7 support services and networks designed to address the immediate and 

8 critical human needs in responding to natural disasters, acts of ter9 rorism, and other man-made disasters. 

10 § 12107. Emergency Communications Preparedness Center 

11 (a) ESTABLISHMENT.—There is the Emergency Communications Pre12 paredness Center. 

13 (b) OPERATION.—The Secretary, the Chairman of the Federal Commu14 nications Commission, the Secretary of Defense, the Secretary of Commerce, 

15 the Attorney General, and the heads of other Federal departments and 

16 agencies or their designees shall jointly operate the Emergency Communica17 tions Preparedness Center in accordance with the Memorandum of Under18 standing entitled, ‘‘Emergency Communications Preparedness Center 

19 (ECPC) Charter’’. 

20 (c) FUNCTIONS.—The Emergency Communications Preparedness Center 

21 shall— 

22 (1) serve as the focal point for interagency efforts and as a clearing23 house with respect to all relevant intergovernmental information to sup24 port and promote (including specifically by working to avoid duplica25 tion, hindrances, and counteractive efforts among the participating 

26 Federal departments and agencies)— 

27 (A) the ability of emergency response providers and relevant 

28 government officials to continue to communicate in the event of 

29 natural disasters, acts of terrorism, and other man-made disasters; 

30 and 

31 (B) interoperable emergency communications; 

32 (2) prepare and submit to Congress annually a strategic assessment 

33 regarding the coordination efforts of Federal departments and agencies 

34 to advance— 

35 (A) the ability of emergency response providers and relevant 

36 government officials to continue to communicate in the event of 

37 natural disasters, acts of terrorism, and other man-made disasters; 

38 and 

39 (B) interoperable emergency communications; 


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1 (3) consider, in preparing the strategic assessment under paragraph 

2 (2), the goals stated in the National Emergency Communications Plan 

3 under section 12103 of this title; and 

4 (4) perform other functions provided in the ECPC Charter described 

5 in subsection (b). 

6 § 12108. Urban and other high risk area communications ca7 pabilities 

8 (a) IN GENERAL.—The Secretary, in consultation with the Chairman of 

9 the Federal Communications Commission and the Secretary of Defense, and 

10 with appropriate State, local, and tribal government officials, shall provide 

11 technical guidance, training, and other assistance, as appropriate, to sup12 port the rapid establishment of consistent, secure, and effective interoper13 able emergency communications capabilities in the event of an emergency 

14 in urban and other areas determined by the Secretary to be at consistently 

15 high levels of risk from natural disasters, acts of terrorism, and other man16 made disasters. 

17 (b) MINIMUM CAPABILITIES.—The interoperable emergency communica18 tions capabilities established under subsection (a) shall ensure the ability of 

19 all levels of government, emergency response providers, the private sector, 

20 and other organizations with emergency response capabilities— 

21 (1) to communicate with each other in the event of an emergency; 

22 (2) to have appropriate and timely access to the information sharing 

23 environment described in section 11708 of this title; and 

24 (3) to be consistent with any applicable State or Urban Area home25 land strategy or plan. 

26 § 12109. Interoperable Emergency Communications Grant 

27 Program 

28 (a) ESTABLISHMENT.—The Secretary shall establish the Interoperable 

29 Emergency Communications Grant Program to make grants to States to 

30 carry out initiatives to improve local, tribal, statewide, regional, national 

31 and, where appropriate, international interoperable emergency communica32 tions, including communications in collective response to natural disasters, 

33 acts of terrorism, and other man-made disasters. 

34 (b) POLICY.—The Director for Emergency Communications shall ensure 

35 that a grant awarded to a State under this section is consistent with the 

36 policies established pursuant to the responsibilities and authorities of the 

37 Office of Emergency Communications under this chapter, including ensuring 

38 that activities funded by the grant— 

39 (1) comply with the statewide plan for that State required by section 

40 10712(e) of this title; and 


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1 (2) comply with the National Emergency Communications Plan 

2 under section 12103 of this title, when completed. 

3 (c) ADMINISTRATION.— 

4 (1) IN GENERAL.—The Administrator of the Federal Emergency 

5 Management Agency shall administer the Interoperable Emergency 

6 Communications Grant Program pursuant to the responsibilities and 

7 authorities of the Administrator under chapter 111 of this title. 

8 (2) GUIDANCE.—In administering the grant program, the Adminis9 trator shall ensure that the use of grants is consistent with guidance 

10 established by the Director of Emergency Communications under sec11 tion 10712(b)(1)(H) of this title. 

12 (d) USE OF FUNDS.—A State that receives a grant under this section 

13 shall use the grant to implement that State’s Statewide Interoperable Com14 munications Plan required under section 10712(e) of this title and approved 

15 under subsection (e) of this section, and to assist with activities determined 

16 by the Secretary to be integral to interoperable emergency communications. 

17 (e) APPROVAL OF PLANS.— 

18 (1) APPROVAL AS CONDITION OF GRANT.—Before a State may re19 ceive a grant under this section, the Director of Emergency Commu20 nications shall approve the State’s Statewide Interoperable Communica21 tions Plan required under section 10712(e) of this title. 

22 (2) PLAN REQUIREMENTS.—In approving a plan under this sub23 section, the Director of Emergency Communications shall ensure that 

24 the plan— 

25 (A) is designed to improve interoperability at the city, county, 

26 regional, State, and interstate level; 

27 (B) considers any applicable local or regional plan; and 

28 (C) complies, to the maximum extent practicable, with the Na29 tional Emergency Communications Plan under section 12103 of 

30 this title. 

31 (3) APPROVAL OF REVISIONS.—The Director of Emergency Commu32 nications may approve revisions to a State’s plan if the Director deter33 mines that doing so is likely to further interoperability. 

34 (f) LIMITATIONS ON USES OF FUNDS.— 

35 (1) IN GENERAL.—The recipient of a grant under this section may 

36 not use the grant— 

37 (A) to supplant State or local funds; 

38 (B) for any State or local government cost-sharing contribution; 

39 or 

40 (C) for recreational or social purposes. 


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1 (2) PENALTIES.—In addition to other remedies currently available, 

2 the Secretary may take necessary actions to ensure that recipients of 

3 grant funds are using the funds for the purpose for which they were 

4 intended. 

5 (g) LIMITATIONS ON AWARD OF GRANTS.— 

6 (1) NATIONAL EMERGENCY COMMUNICATIONS PLAN REQUIRED.— 

7 The Secretary may not award a grant under this section before the 

8 date on which the Secretary completes and submits to Congress the 

9 National Emergency Communications Plan required under section 

10 12103 of this title. 

11 (2) VOLUNTARY CONSENSUS STANDARDS.—The Secretary may not 

12 award a grant to a State under this section for the purchase of equip13 ment that does not meet applicable voluntary consensus standards, un14 less the State demonstrates that there are compelling reasons for the 

15 purchase. 

16 (h) AWARD OF GRANTS.—In approving applications and awarding grants 

17 under this section, the Secretary shall consider— 

18 (1) the risk posed to each State by natural disasters, acts of ter19 rorism, or other man-made disasters, including— 

20 (A) the likely need of a jurisdiction within the State to respond 

21 to the risk in nearby jurisdictions; 

22 (B) the degree of threat, vulnerability, and consequences related 

23 to critical infrastructure (from all critical infrastructure sectors) 

24 or key resources identified by the Administrator or the State 

25 homeland security and emergency management plans, including 

26 threats to, vulnerabilities of, and consequences from damage to 

27 critical infrastructure and key resources in nearby jurisdictions; 

28 (C) the size of the population and density of the population of 

29 the State, including appropriate consideration of military, tourist, 

30 and commuter populations; 

31 (D) whether the State is on or near an international border; 

32 (E) whether the State encompasses an economically significant 

33 border crossing; and 

34 (F) whether the State has a coastline bordering an ocean, a 

35 major waterway used for interstate commerce, or international 

36 waters; and 

37 (2) the anticipated effectiveness of the State’s proposed use of grant 

38 funds to improve interoperability. 

39 (i) OPPORTUNITY TO AMEND APPLICATIONS.—In considering applications 

40 for grants under this section, the Administrator shall provide applicants 


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1 with a reasonable opportunity to correct defects in the application, if any, 

2 before making final awards. 

3 (j) MINIMUM GRANT AMOUNTS.— 

4 (1) STATES.—In awarding grants under this section, the Secretary 

5 shall ensure that for each fiscal year, except as provided in paragraph 

6 (2), no State receives a grant in an amount that is less than 0.35 per7 cent of the total amount appropriated for grants under this section for 

8 that fiscal year. 

9 (2) TERRITORIES.—In awarding grants under this section, the Sec10 retary shall ensure that for each fiscal year, American Samoa, the 

11 Northern Mariana Islands, Guam, and the Virgin Islands each receive 

12 grants in amounts that are not less than 0.08 percent of the total 

13 amount appropriated for grants under this section for that fiscal year. 

14 (k) CERTIFICATION.—Each State that receives a grant under this section 

15 shall certify that the grant is used for the purpose for which the funds were 

16 intended and in compliance with the State’s approved Statewide Interoper17 able Communications Plan. 

18 (l) STATE RESPONSIBILITIES.— 

19 (1) AVAILABILITY OF FUNDS TO LOCAL AND TRIBAL GOVERN20 MENTS.—Not later than 45 days after receiving grant funds, a State 

21 that receives a grant under this section shall obligate or otherwise 

22 make available to local and tribal governments— 

23 (A) not less than 80 percent of the grant funds; 

24 (B) with the consent of local and tribal governments, eligible ex25 penditures having a value of not less than 80 percent of the 

26 amount of the grant; or 

27 (C) grant funds combined with other eligible expenditures hav28 ing a total value of not less than 80 percent of the amount of the 

29 grant. 

30 (2) ALLOCATION OF FUNDS.—A State that receives a grant under 

31 this section shall allocate grant funds to tribal governments in the 

32 State to assist tribal communities in improving interoperable commu33 nications, in a manner consistent with the Statewide Interoperable 

34 Communications Plan. A State may not impose unreasonable or unduly 

35 burdensome requirements on a tribal government as a condition of pro36 viding grant funds or resources to the tribal government. 

37 (3) PENALTIES.—If a State violates the requirements of this sub38 section, in addition to other remedies available to the Secretary, the 

39 Secretary may terminate or reduce the amount of the grant awarded 

40 to that State or transfer grant funds previously awarded to the State 

41 directly to the appropriate local or tribal government. 


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1 (m) REPORTS.— 

2 (1) ANNUAL REPORTS BY STATE GRANT RECIPIENTS.—A State that 

3 receives a grant under this section shall annually submit to the Direc4 tor of Emergency Communications a report on the progress of the 

5 State in implementing that State’s Statewide Interoperable Commu6 nications Plan required under section 10712(e) of this title and achiev7 ing interoperability at the city, county, regional, State, and interstate 

8 levels. The Director shall make the reports publicly available, including 

9 by making them available on the Internet website of the Office of 

10 Emergency Communications, subject to any redactions that the Direc11 tor determines are necessary to protect classified or other sensitive in12 formation. 

13 (2) ANNUAL REPORTS TO CONGRESS.—At least once each year, the 

14 Director of Emergency Communications shall submit to Congress a re15 port on the use of grants awarded under this section and any progress 

16 in implementing Statewide Interoperable Communications Plans and 

17 improving interoperability at the city, county, regional, State, and 

18 interstate level, as a result of the award of the grants. 

19 (n) RULE OF CONSTRUCTION.—Nothing in this section shall be construed 

20 or interpreted to preclude a State from using a grant awarded under this 

21 section for interim or long-term Internet Protocol-based interoperable solu22 tions. 

23 (o) AUTHORIZATION OF APPROPRIATIONS.—There are authorized to be 

24 appropriated for grants under this section such sums as may be necessary. 

25 Chapter 123—Domestic Nuclear Detection 

26 Office 

Sec. 

12301. Mission. 

12302. Technology research and development investment strategy for nuclear and radiological 

detection. 

12303. Testing authority. 

12304. Personnel. 

12305. Relationship to other Department entities and Federal agencies. 

12306. Contracting and grant making authorities. 

12307. Joint annual interagency review of global nuclear detection architecture. 

27 § 12301. Mission 

28 (a) DEFINITIONS.—In this section: 

29 (1) ALASKA NATIVE-SERVING INSTITUTION.—The term ‘‘Alaska Na30 tive-serving institution’’ has the meaning given the term in section 317 

31 of the Higher Education Act of 1965 (20 U.S.C. 1059d). 

32 (2) ASIAN AMERICAN AND NATIVE AMERICAN PACIFIC ISLANDER33 SERVING INSTITUTION.—The term ‘‘Asian American and Native Amer34 ican Pacific Islander-serving institution’’ has the meaning given the 


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1 term in section 320 of the Higher Education Act of 1965 (20 U.S.C. 

2 1059g). 

3 (3) HISPANIC-SERVING INSTITUTION.—The term ‘‘Hispanic-serving 

4 institution’’ has the meaning given the term in section 502 of the 

5 Higher Education Act of 1965 (20 U.S.C. 1101a). 

6 (4) HISTORICALLY BLACK COLLEGE OR UNIVERSITY.—The term 

7 ‘‘historically Black college or university’’ has the meaning given the 

8 term ‘‘part B institution’’ in section 322(2) of the Higher Education 

9 Act of 1965 (20 U.S.C. 1061(2)). 

10 (5) NATIVE HAWAIIAN-SERVING INSTITUTION.—The term ‘‘Native 

11 Hawaiian-serving institution’’ has the meaning given the term in sec12 tion 317 of the Higher Education Act of 1965 (20 U.S.C. 1059d). 

13 (6) TRIBAL COLLEGE OR UNIVERSITY.—The term ‘‘Tribal College or 

14 University’’ has the meaning given the term in section 316(b) of the 

15 Higher Education Act of 1965 (20 U.S.C. 1059c(b)). 

16 (b) MISSION.—The Domestic Nuclear Detection Office is responsible for 

17 coordinating Federal efforts to detect and protect against the unauthorized 

18 importation, possession, storage, transportation, development, or use of a 

19 nuclear explosive device, fissile material, or radiological material in the 

20 United States, and to protect against attack using such devices or materials 

21 against the people, territory, or interests of the United States and, to this 

22 end, shall— 

23 (1) serve as the primary entity of the United States Government to 

24 further develop, acquire, and support the deployment of an enhanced 

25 domestic system to detect and report on attempts to import, possess, 

26 store, transport, develop, or use an unauthorized nuclear explosive de27 vice, fissile material, or radiological material in the United States, and 

28 improve that system over time; 

29 (2) enhance and coordinate the nuclear detection efforts of Federal, 

30 State, local, and tribal governments and the private sector to ensure 

31 a managed, coordinated response; 

32 (3) establish, with the approval of the Secretary and in coordination 

33 with the Attorney General, the Secretary of Defense, and the Secretary 

34 of Energy, additional protocols and procedures for use within the 

35 United States to ensure that the detection of unauthorized nuclear ex36 plosive devices, fissile material, or radiological material is promptly re37 ported to the Attorney General, the Secretary, the Secretary of De38 fense, the Secretary of Energy, and other appropriate officials or their 

39 respective designees for appropriate action by law enforcement, mili40 tary, emergency response, or other authorities; 


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1 (4) develop, with the approval of the Secretary and in coordination 

2 with the Attorney General, the Secretary of State, the Secretary of De3 fense, and the Secretary of Energy, an enhanced global nuclear detec4 tion architecture with implementation under which— 

5 (A) the Domestic Nuclear Detection Office will be responsible 

6 for the implementation of the domestic portion of the global archi7 tecture; 

8 (B) the Secretary of Defense will retain responsibility for imple9 mentation of Department of Defense requirements within and out10 side the United States; and 

11 (C) the Secretary of State, the Secretary of Defense, and the 

12 Secretary of Energy will maintain their respective responsibilities 

13 for policy guidance and implementation of the portion of the global 

14 architecture outside the United States, which will be implemented 

15 consistent with applicable law and relevant international arrange16 ments; 

17 (5) ensure that the expertise necessary to accurately interpret detec18 tion data is made available in a timely manner for all technology de19 ployed by the Domestic Nuclear Detection Office to implement the 

20 global nuclear detection architecture; 

21 (6) conduct, support, coordinate, and encourage an aggressive, expe22 dited, evolutionary, and transformational program of research and de23 velopment to generate and improve technologies to detect and prevent 

24 the illicit entry, transport, assembly, or potential use within the United 

25 States of a nuclear explosive device or fissile or radiological material, 

26 and coordinate with the Under Secretary for Science and Technology 

27 on basic and advanced or transformational research and development 

28 efforts relevant to the mission of both organizations; 

29 (7) carry out a program to test and evaluate technology for detecting 

30 a nuclear explosive device and fissile or radiological material, in coordi31 nation with the Secretary of Defense and the Secretary of Energy, as 

32 appropriate, and establish performance metrics for evaluating the effec33 tiveness of individual detectors and detection systems in detecting such 

34 devices or material— 

35 (A) under realistic operational and environmental conditions; 

36 and 

37 (B) against realistic adversary tactics and countermeasures; 

38 (8) support and enhance the effective sharing and use of appropriate 

39 information generated by the intelligence community, law enforcement 

40 agencies, counterterrorism community, other government agencies, and 


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1 foreign governments, as well as provide appropriate information to the 

2 entities; 

3 (9) further enhance and maintain continuous awareness by analyzing 

4 information from all Domestic Nuclear Detection Office mission-related 

5 detection systems; 

6 (10) lead the development and implementation of the national stra7 tegic five-year plan for improving the nuclear forensic and attribution 

8 capabilities of the United States required under section 1036 of the 

9 National Defense Authorization Act for Fiscal Year 2010 (Public Law 

10 111–84, 123 Stat. 2450); 

11 (11) establish in the Domestic Nuclear Detection Office the National 

12 Technical Nuclear Forensics Center to provide centralized stewardship, 

13 planning, assessment, gap analysis, exercises, improvement, and inte14 gration for all Federal nuclear forensics and attribution activities— 

15 (A) to ensure an enduring national technical nuclear forensics 

16 capability to strengthen the collective response of the United 

17 States to nuclear terrorism or other nuclear attacks; and 

18 (B) to coordinate and implement the national strategic five-year 

19 plan referred to in paragraph (10); 

20 (12) establish a National Nuclear Forensics Expertise Development 

21 Program, which— 

22 (A) is devoted to developing and maintaining a vibrant and en23 during academic pathway from undergraduate to post-doctorate 

24 study in nuclear and geochemical science specialties directly rel25 evant to technical nuclear forensics, including radiochemistry, geo26 chemistry, nuclear physics, nuclear engineering, materials science, 

27 and analytical chemistry; 

28 (B) shall— 

29 (i) make available for undergraduate study, student schol30 arships, with a duration of up to 4 years per student, that 

31 shall include, if possible, at least one summer internship at 

32 a national laboratory or appropriate Federal agency in the 

33 field of technical nuclear forensics during the course of the 

34 student’s undergraduate career; 

35 (ii) make available for doctoral study, student fellowships, 

36 with a duration of up to 5 years per student, which shall— 

37 (I) include, if possible, at least two summer intern38 ships at a national laboratory or appropriate Federal 

39 agency in the field of technical nuclear forensics during 

40 the course of the student’s graduate career; and 


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1 (II) require each recipient to commit to serve for 2 

2 years in a post-doctoral position in a technical nuclear 

3 forensics-related specialty at a national laboratory or ap4 propriate Federal agency after graduation; 

5 (iii) make available to faculty, awards, with a duration of 

6 3 to 5 years each, to ensure faculty and their graduate stu7 dents have a sustained funding stream; and 

8 (iv) place a particular emphasis on reinvigorating technical 

9 nuclear forensics programs while encouraging the participa10 tion of undergraduate students, graduate students, and uni11 versity faculty from historically Black colleges and univer12 sities, Hispanic-serving institutions, Tribal Colleges and Uni13 versities, Asian American and Native American Pacific Is14 lander-serving institutions, Alaska Native-serving institutions, 

15 and Native Hawaiian-serving institutions; and 

16 (C) shall— 

17 (i) provide for the selection of individuals to receive schol18 arships or fellowships under this section through a competi19 tive process primarily on the basis of academic merit and the 

20 nuclear forensics and attribution needs of the United States 

21 Government; 

22 (ii) provide for the setting aside of up to 10 percent of the 

23 scholarships or fellowships awarded under this section for in24 dividuals who are Federal employees to enhance the education 

25 of the employees in areas of critical nuclear forensics and at26 tribution needs of the United States Government, for doctoral 

27 education under the scholarship on a full-time or part-time 

28 basis; 

29 (iii) provide that the Secretary may enter into a contrac30 tual agreement with an institution of higher education under 

31 which the amounts provided for a scholarship under this sec32 tion for tuition, fees, and other authorized expenses are paid 

33 directly to the institution with respect to which the scholar34 ship is awarded; 

35 (iv) require scholarship recipients to maintain satisfactory 

36 academic progress; and 

37 (v) require that— 

38 (I) a scholarship recipient who fails to maintain a high 

39 level of academic standing, as defined by the Secretary, 

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1 untarily terminates academic training before graduation 

2 from the educational program for which the scholarship 

3 was awarded is liable to the United States for repayment 

4 within 1 year after the date of default of all scholarship 

5 funds paid to the recipient and to the institution of high6 er education on the behalf of the recipient, provided that 

7 the repayment period may be extended by the Secretary 

8 if the Secretary determines it necessary, as established 

9 by regulation; and 

10 (II) a scholarship recipient who, for any reason except 

11 death or disability, fails to begin or complete the post12 doctoral service requirements in a technical nuclear 

13 forensics-related specialty at a national laboratory or ap14 propriate Federal agency after completion of academic 

15 training is liable to the United States for an amount 

16 equal to— 

17 (aa) the total amount of the scholarship received 

18 by the recipient under this section; and 

19 (bb) the interest on the amounts which would be 

20 payable if at the time the scholarship was received 

21 the scholarship was a loan bearing interest at the 

22 maximum legally prevailing rate; 

23 (13) provide an annual report to Congress on the activities carried 

24 out under paragraphs (10), (11), and (12); and 

25 (14) perform other duties assigned by the Secretary. 

26 § 12302. Technology research and development investment 

27 strategy for nuclear and radiological detection 

28 (a) IN GENERAL.—The Secretary, the Secretary of Energy, the Secretary 

29 of Defense, and the Director of National Intelligence shall submit to Con30 gress a research and development investment strategy for nuclear and radio31 logical detection. 

32 (b) CONTENTS.—The strategy under subsection (a) shall include— 

33 (1) a long term technology roadmap for nuclear and radiological de34 tection applicable to the mission needs of the Department, the Depart35 ment of Energy, the Department of Defense, and the Office of the Di36 rector of National Intelligence; 

37 (2) budget requirements necessary to meet the roadmap; and 

38 (3) documentation of how the Department, the Department of En39 ergy, the Department of Defense, and the Office of the Director of Na40 tional Intelligence will execute this strategy. 


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1 (c) ANNUAL REPORT.—The Director for Domestic Nuclear Detection and 

2 the Under Secretary for Science and Technology jointly and annually shall 

3 notify Congress that the strategy and technology road map for nuclear and 

4 radiological detection developed under subsections (a) and (b) is consistent 

5 with the national policy and strategic plan for identifying priorities, goals, 

6 objectives, and policies for coordinating the Federal Government’s civilian 

7 efforts to identify and develop countermeasures to terrorist threats from 

8 weapons of mass destruction that are required under section 10701(2) of 

9 this title. 

10 § 12303. Testing authority 

11 (a) IN GENERAL.—The Secretary, acting through the Director for Do12 mestic Nuclear Detection, shall coordinate with the responsible Federal 

13 agency or other entity to facilitate the use by the Domestic Nuclear Detec14 tion Office, by its contractors, or by other persons or entities, of existing 

15 Government laboratories, centers, ranges, or other testing facilities for the 

16 testing of materials, equipment, models, computer software, and other items 

17 as may be related to the missions identified in section 12301 of this title. 

18 Use of Government facilities shall be carried out in accordance with all ap19 plicable laws, regulations, and contractual provisions, including those gov20 erning security, safety, and environmental protection, including, when appli21 cable, the provisions of section 10708 of this title. The Domestic Nuclear 

22 Detection Office may direct that private-sector entities utilizing Government 

23 facilities under this section pay an appropriate fee to the agency that owns 

24 or operates those facilities to defray additional costs to the Government re25 sulting from private-sector use. 

26 (b) CONFIDENTIALITY OF TEST RESULTS.—The results of tests per27 formed with services made available shall be confidential and shall not be 

28 disclosed outside the Federal Government without the consent of the per29 sons for whom the tests are performed. 

30 (c) FEES.—Fees for services made available under this section shall not 

31 exceed the amount necessary to recoup the direct and indirect costs in32 volved, such as direct costs of utilities, contractor support, and salaries of 

33 personnel that are incurred by the United States to provide for the testing. 

34 (d) USE OF FEES.—Fees received for services made available under this 

35 section may be credited to the appropriation from which funds were ex36 pended to provide the services. 

37 § 12304. Personnel 

38 (a) HIRING.—In hiring personnel for the Domestic Nuclear Detection Of39 fice, the Secretary has the hiring and management authorities provided in 

40 section 1101 of the Strom Thurmond National Defense Authorization Act 

41 for Fiscal Year 1999 (Public Law 105–261, 5 U.S.C. 3104 note). The term 


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1 of appointments for employees under subsection (c)(1) of that section may 

2 not exceed 5 years before granting any extension under subsection (c)(2) 

3 of that section. 

4 (b) DETAIL.—The Secretary may request that the Secretary of Defense, 

5 the Secretary of Energy, the Secretary of State, the Attorney General, the 

6 Nuclear Regulatory Commission, and the directors of other Federal agen7 cies, including elements of the Intelligence Community, provide for the reim8 bursable detail of personnel with relevant expertise to the Domestic Nuclear 

9 Detection Office. 

10 § 12305. Relationship to other Department entities and Fed11 eral agencies 

12 The authority of the Secretary exercised by the Director for Domestic 

13 Nuclear Detection under this chapter shall not affect the authorities or re14 sponsibilities of any officer of the Department or of any officer of any other 

15 department or agency of the United States with respect to the command, 

16 control, or direction of the functions, personnel, funds, assets, and liabilities 

17 of any entity in the Department or of any Federal department or agency. 

18 § 12306. Contracting and grant making authorities 

19 The Secretary, acting through the Director for Domestic Nuclear Detec20 tion, in carrying out the responsibilities under paragraphs (6) and (7) of 

21 subsection (b) of section 12301 of this title shall— 

22 (1) operate extramural and intramural programs and distribute 

23 funds through grants, cooperative agreements, and other transactions 

24 and contracts; 

25 (2) ensure that activities under paragraphs (6) and (7) of subsection 

26 (b) of section 12301 of this title include investigations of radiation de27 tection equipment in configurations suitable for deployment at seaports, 

28 which may include underwater or water surface detection equipment 

29 and detection equipment that can be mounted on cranes and straddle 

30 cars used to move shipping containers; and 

31 (3) have the authority to establish or contract with one or more fed32 erally funded research and development centers to provide independent 

33 analysis of homeland security issues and carry out other responsibilities 

34 under this chapter. 

35 § 12307. Joint annual interagency review of global nuclear 

36 detection architecture 

37 (a) DEFINITION OF GLOBAL NUCLEAR DETECTION ARCHITECTURE.—In 

38 this section, the term ‘‘global nuclear detection architecture’’ means the 

39 global nuclear detection architecture developed under section 12301 of this 

40 title. 

41 (b) ANNUAL REVIEW.— 


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1 (1) IN GENERAL.—The Secretary, the Attorney General, the Sec2 retary of State, the Secretary of Defense, the Secretary of Energy, and 

3 the Director of National Intelligence shall jointly ensure interagency co4 ordination on the development and implementation of the global nu5 clear detection architecture by ensuring that, not less frequently than 

6 once each year— 

7 (A) each relevant agency, office, or entity— 

8 (i) assesses its involvement, support, and participation in 

9 the development, revision, and implementation of the global 

10 nuclear detection architecture; and 

11 (ii) examines and evaluates components of the global nu12 clear detection architecture (including associated strategies 

13 and acquisition plans) relating to the operations of that agen14 cy, office, or entity, to determine whether the components in15 corporate and address current threat assessments, scenarios, 

16 or intelligence analyses developed by the Director of National 

17 Intelligence or other agencies regarding threats relating to 

18 nuclear or radiological weapons of mass destruction; 

19 (B) each agency, office, or entity deploying or operating any nu20 clear or radiological detection technology under the global nuclear 

21 detection architecture— 

22 (i) evaluates the deployment and operation by that agency, 

23 office, or entity of nuclear or radiological detection tech24 nologies under the global nuclear detection architecture; 

25 (ii) identifies performance deficiencies and operational or 

26 technical deficiencies in nuclear or radiological detection tech27 nologies deployed under the global nuclear detection architec28 ture; and 

29 (iii) assesses the capacity of that agency, office, or entity 

30 to implement the responsibilities of that agency, office, or en31 tity under the global nuclear detection architecture; and 

32 (C) the Director of the Domestic Nuclear Detection Office and 

33 each of the relevant departments that are partners in the National 

34 Technical Forensics Center— 

35 (i) include, as part of the assessments, evaluations, and re36 views required under this paragraph, each office’s or depart37 ment’s activities and investments in support of nuclear 

38 forensics and attribution activities and specific goals and ob39 jectives accomplished during the previous year pursuant to 

40 the national strategic five-year plan for improving the nuclear 

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1 quired under section 1036 of the National Defense Authoriza2 tion Act for Fiscal Year 2010 (Public Law 111–84, 123 Stat. 

3 2450); 

4 (ii) attach, as an appendix to the Joint Interagency Annual 

5 Review, the most current version of the strategy and plan; 

6 and 

7 (iii) include a description of new or amended bilateral and 

8 multilateral agreements and efforts in support of nuclear 

9 forensics and attribution activities accomplished during the 

10 previous year. 

11 (2) TECHNOLOGY.—Not less frequently than once each year, the 

12 Secretary shall examine and evaluate the development, assessment, and 

13 acquisition of radiation detection technologies deployed or implemented 

14 in support of the domestic portion of the global nuclear detection archi15 tecture. 

16 (c) ANNUAL REPORT ON JOINT INTERAGENCY REVIEW.— 

17 (1) IN GENERAL.—Not later than March 31 of each year, the Sec18 retary, the Attorney General, the Secretary of State, the Secretary of 

19 Defense, the Secretary of Energy, and the Director of National Intel20 ligence, shall jointly submit a report regarding the implementation of 

21 this section and the results of the reviews required under subsection 

22 (a) to— 

23 (A) the President; 

24 (B) the Committee on Appropriations, the Committee on Armed 

25 Services, the Select Committee on Intelligence, and the Committee 

26 on Homeland Security and Governmental Affairs of the Senate; 

27 and 

28 (C) the Committee on Appropriations, the Committee on Armed 

29 Services, the Permanent Select Committee on Intelligence, the 

30 Committee on Homeland Security, and the Committee on Science 

31 and Technology of the House of Representatives. 

32 (2) FORM.—The annual report submitted under paragraph (1) shall 

33 be submitted in unclassified form to the maximum extent practicable, 

34 but may include a classified annex. 

35 Chapter 125—Homeland Security Grants 

Sec. 

12501. Definitions. 

12502. Homeland security grant programs. 

12503. Urban Area Security Initiative. 

12504. State Homeland Security Grant Program. 

12505. Grants to directly eligible tribes. 

12506. Terrorism prevention. 

12507. Prioritization. 

12508. Use of funds. 

12509. Administration and coordination. 


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12510. Accountability. 

12511. Identification of reporting redundancies and development of performance metrics. 

1 § 12501. Definitions 

2 In this chapter: 

3 (1) ADMINISTRATOR.—The term ‘‘Administrator’’ means the Admin4 istrator of the Federal Emergency Management Agency. 

5 (2) APPROPRIATE COMMITTEES OF CONGRESS.—The term ‘‘appro6 priate committees of Congress’’ means— 

7 (A) the Committee on Homeland Security and Governmental 

8 Affairs of the Senate; and 

9 (B) those committees of the House of Representatives that the 

10 Speaker of the House of Representatives determines appropriate. 

11 (3) CRITICAL INFRASTRUCTURE SECTORS.—The term ‘‘critical infra12 structure sectors’’ means the following sectors, in both urban and rural 

13 areas: 

14 (A) Agriculture and food. 

15 (B) Banking and finance. 

16 (C) Chemical industries. 

17 (D) Commercial facilities. 

18 (E) Commercial nuclear reactors, materials, and waste. 

19 (F) Dams. 

20 (G) The defense industrial base. 

21 (H) Emergency services. 

22 (I) Energy. 

23 (J) Government facilities. 

24 (K) Information technology. 

25 (L) National monuments and icons. 

26 (M) Postal and shipping. 

27 (N) Public health and health care. 

28 (O) Telecommunications. 

29 (P) Transportation systems. 

30 (Q) Water. 

31 (4) DIRECTLY ELIGIBLE TRIBE.—The term ‘‘directly eligible tribe’’ 

32 means— 

33 (A) an Indian tribe— 

34 (i) that is located in the continental United States; 

35 (ii) that operates a law enforcement or emergency response 

36 agency with the capacity to respond to calls for law enforce37 ment or emergency services; 

38 (iii) that— 


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1 (I) is located on or near an international border or a 

2 coastline bordering an ocean (including the Gulf of Mex3 ico) or international waters; 

4 (II) is located within 10 miles of a system or asset in5 cluded on the prioritized critical infrastructure list estab6 lished under section 10516(a)(2) of this title or has such 

7 a system or asset within its territory; 

8 (III) is located within or contiguous to one of the 50 

9 most populous metropolitan statistical areas in the 

10 United States; or 

11 (IV) has jurisdiction over not less than 1,000 square 

12 miles of Indian country, as that term is defined in sec13 tion 1151 of title 18; and 

14 (iv) that certifies to the Secretary that a State has not pro15 vided funds under section 12503 or 12504 of this title to the 

16 Indian tribe or consortium of Indian tribes for the purpose 

17 for which direct funding is sought; and 

18 (B) a consortium of Indian tribes, if each tribe satisfies the re19 quirements of subparagraph (A). 

20 (5) ELIGIBLE METROPOLITAN AREA.—The term ‘‘eligible metropoli21 tan area’’ means any of the 100 most populous metropolitan statistical 

22 areas in the United States. 

23 (6) HIGH-RISK URBAN AREA.—The term ‘‘high-risk urban area’’ 

24 means a high-risk urban area designated under section 12503(b)(3)(A) 

25 of this title. 

26 (7) INDIAN TRIBE.—The term ‘‘Indian tribe’’ has the meaning given 

27 the term in section 4(e) of the Indian Self-Determination and Edu28 cation Assistance Act (25 U.S.C. 450b(e)). 

29 (8) METROPOLITAN STATISTICAL AREA.—The term ‘‘metropolitan 

30 statistical area’’ means a metropolitan statistical area, as defined by 

31 the Office of Management and Budget. 

32 (9) NATIONAL SPECIAL SECURITY EVENT.—The term ‘‘National Spe33 cial Security Event’’ means a designated event that, by virtue of its po34 litical, economic, social, or religious significance, may be the target of 

35 terrorism or other criminal activity. 

36 (10) POPULATION.—The term ‘‘population’’ means population ac37 cording to the most recent United States census population estimates 

38 available at the start of the relevant fiscal year. 

39 (11) POPULATION DENSITY.—The term ‘‘population density’’ means 

40 population divided by land area in square miles. 


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1 (12) QUALIFIED INTELLIGENCE ANALYST.—The term ‘‘qualified in2 telligence analyst’’ means an intelligence analyst (as that term is de3 fined in section 10512(a) of this title), including law enforcement per4 sonnel— 

5 (A) who has successfully completed training to ensure baseline 

6 proficiency in intelligence analysis and production, as determined 

7 by the Secretary, which may include training using a curriculum 

8 developed under section 10510 of this title; or 

9 (B) whose experience ensures baseline proficiency in intelligence 

10 analysis and production equivalent to the training required under 

11 subparagraph (A), as determined by the Secretary. 

12 (13) TARGET CAPABILITIES.—The term ‘‘target capabilities’’ means 

13 the target capabilities for Federal, State, local, and tribal government 

14 preparedness for which guidelines are required to be established under 

15 section 20506 of this title. 

16 (14) TRIBAL GOVERNMENT.—The term ‘‘tribal government’’ means 

17 the government of an Indian tribe. 

18 § 12502. Homeland security grant programs 

19 (a) GRANTS AUTHORIZED.—The Secretary, acting through the Adminis20 trator, may award grants under sections 12503 and 12504 of this title to 

21 State, local, and tribal governments. 

22 (b) PROGRAMS NOT AFFECTED.—This chapter shall not be construed to 

23 affect any of the following Federal programs: 

24 (1) Firefighter and other assistance programs authorized under the 

25 Federal Fire Prevention and Control Act of 1974 (15 U.S.C. 2201 et 

26 seq.). 

27 (2) Grants authorized under the Robert T. Stafford Disaster Relief 

28 and Emergency Assistance Act (42 U.S.C. 5121 et seq.). 

29 (3) Emergency Management Performance Grants under the amend30 ments made by title II of the Implementing Recommendations of the 

31 9/11 Commission Act of 2007 (Public Law 110–53, 121 Stat. 294). 

32 (4) Grants to protect critical infrastructure, including port security 

33 grants authorized under section 70107 of title 46, and grants author34 ized under titles XIV and XV of the Implementing Recommendations 

35 of the 9/11 Commission Act of 2007 (Public Law 110–53, 121 Stat. 

36 400, 422) and the amendments made by those titles. 

37 (5) The Metropolitan Medical Response System authorized under 

38 section 20304 of this title. 

39 (6) The Interoperable Emergency Communications Grant Program 

40 authorized under section 12109 of this title. 


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1 (7) Grant programs other than those administered by the Depart2 ment. 

3 (c) RELATIONSHIP TO OTHER LAWS.— 

4 (1) IN GENERAL.—The grant programs authorized under sections 

5 12503 and 12504 of this title supersede all grant programs authorized 

6 under section 1014 of the USA PATRIOT Act (42 U.S.C. 3714). 

7 (2) ALLOCATION.—The allocation of grants authorized under sec8 tions 12503 and 12504 of this title is governed by the terms of this 

9 chapter and not by any other provision of law. 

10 § 12503. Urban Area Security Initiative 

11 (a) ESTABLISHMENT.—There is in the Department the Urban Area Secu12 rity Initiative to provide grants to assist high-risk urban areas in pre13 venting, preparing for, protecting against, and responding to acts of ter14 rorism. 

15 (b) ASSESSMENT AND DESIGNATION OF HIGH-RISK URBAN AREAS.— 

16 (1) IN GENERAL.—The Secretary shall designate high-risk urban 

17 areas to receive grants under this section based on procedures under 

18 this subsection. 

19 (2) INITIAL ASSESSMENT.— 

20 (A) IN GENERAL.—For each fiscal year, the Secretary shall con21 duct an initial assessment of the relative threat, vulnerability, and 

22 consequences from acts of terrorism faced by each eligible metro23 politan area, including consideration of— 

24 (i) the factors set forth in subparagraphs (A) through (H) 

25 and (K) of section 12507(a)(1) of this title; and 

26 (ii) information and materials submitted under subpara27 graph (B). 

28 (B) SUBMISSION OF INFORMATION BY ELIGIBLE METROPOLITAN

29 AREAS.—Prior to conducting each initial assessment under sub30 paragraph (A), the Secretary shall provide each eligible metropoli31 tan area with, and shall notify each eligible metropolitan area of, 

32 the opportunity to— 

33 (i) submit information that the eligible metropolitan area 

34 believes to be relevant to the determination of the threat, vul35 nerability, and consequences it faces from acts of terrorism; 

36 and 

37 (ii) review the risk assessment conducted by the Depart38 ment of that eligible metropolitan area, including the bases 

39 for the assessment by the Department of the threat, vulner40 ability, and consequences from acts of terrorism faced by that 


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1 eligible metropolitan area, and remedy erroneous or incom2 plete information. 

3 (3) DESIGNATION OF HIGH-RISK URBAN AREAS.— 

4 (A) IN GENERAL.— 

5 (i) DESIGNATION.—For each fiscal year, after conducting 

6 the initial assessment under paragraph (2), and based on that 

7 assessment, the Secretary shall designate high-risk urban 

8 areas that may submit applications for grants under this sec9 tion. 

10 (ii) EXCEPTIONS.—Notwithstanding paragraph (2), the 

11 Secretary may— 

12 (I) in any case where an eligible metropolitan area 

13 consists of more than one metropolitan division (as that 

14 term is defined by the Office of Management and Budg15 et) designate more than one high-risk urban area within 

16 a single eligible metropolitan area; and 

17 (II) designate an area that is not an eligible metropoli18 tan area as a high-risk urban area based on the assess19 ment by the Secretary of the relative threat, vulner20 ability, and consequences from acts of terrorism faced by 

21 the area. 

22 (iii) SECRETARY NOT REQUIRED TO DESIGNATE ALL ELIGI23 BLE AREAS AS HIGH-RISK URBAN AREAS.—Nothing in this 

24 subsection may be construed to require the Secretary to— 

25 (I) designate all eligible metropolitan areas that sub26 mit information to the Secretary under paragraph 

27 (2)(B)(i) as high-risk urban areas; or 

28 (II) designate all areas within an eligible metropolitan 

29 area as part of the high-risk urban area. 

30 (B) JURISDICTIONS INCLUDED IN HIGH-RISK URBAN AREAS.— 

31 (i) BY SECRETARY.—In designating high-risk urban areas 

32 under subparagraph (A), the Secretary shall determine which 

33 jurisdictions, at a minimum, shall be included in each high34 risk urban area. 

35 (ii) BY HIGH-RISK URBAN AREA.—A high-risk urban area 

36 designated by the Secretary may, in consultation with the 

37 State or States in which the high-risk urban area is located, 

38 add additional jurisdictions to the high-risk urban area. 

39 (c) APPLICATION.— 

40 (1) IN GENERAL.—An area designated as a high-risk urban area 

41 under subsection (b) may apply for a grant under this section. 


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1 (2) MINIMUM CONTENTS OF APPLICATION.—In an application for a 

2 grant under this section, a high-risk urban area shall submit— 

3 (A) a plan describing the proposed division of responsibilities 

4 and distribution of funding among the local and tribal govern5 ments in the high-risk urban area; 

6 (B) the name of an individual to serve as a high-risk urban area 

7 liaison with the Department and among the various jurisdictions 

8 in the high-risk urban area; and 

9 (C) information in support of the application the Secretary may 

10 reasonably require. 

11 (3) ANNUAL APPLICATIONS.—Applicants for grants under this sec12 tion shall apply or reapply on an annual basis. 

13 (4) STATE REVIEW AND TRANSMISSION.— 

14 (A) IN GENERAL.—To ensure consistency with State homeland 

15 security plans, a high-risk urban area applying for a grant under 

16 this section shall submit its application to each State within which 

17 any part of that high-risk urban area is located for review before 

18 submission of the application to the Department. 

19 (B) DEADLINE.—Not later than 30 days after receiving an ap20 plication from a high-risk urban area under subparagraph (A), a 

21 State shall transmit the application to the Department. 

22 (C) OPPORTUNITY FOR STATE COMMENT.—If the Governor of 

23 a State determines that an application of a high-risk urban area 

24 is inconsistent with the State homeland security plan of that 

25 State, or otherwise does not support the application, the Governor 

26 shall— 

27 (i) notify the Secretary, in writing, of that fact; and 

28 (ii) provide an explanation of the reason for not supporting 

29 the application at the time of transmission of the application. 

30 (5) OPPORTUNITY TO AMEND.—In considering applications for 

31 grants under this section, the Secretary shall provide applicants with 

32 a reasonable opportunity to correct defects in the application, if any, 

33 before making final awards. 

34 (d) DISTRIBUTION OF AWARDS.— 

35 (1) IN GENERAL.—If the Secretary approves the application of a 

36 high-risk urban area for a grant under this section, the Secretary shall 

37 distribute the grant funds to the State or States in which that high38 risk urban area is located. 

39 (2) STATE DISTRIBUTION OF FUNDS.— 

40 (A) IN GENERAL.—Not later than 45 days after the date that 

41 a State receives grant funds under paragraph (1), that State shall 


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1 provide the high-risk urban area awarded that grant not less than 

2 80 percent of the grant funds. Any funds retained by a State shall 

3 be expended on items, services, or activities that benefit the high4 risk urban area. 

5 (B) FUNDS RETAINED.—A State shall provide each relevant 

6 high-risk urban area with an accounting of the items, services, or 

7 activities on which any funds retained by the State under subpara8 graph (A) were expended. 

9 (3) INTERSTATE URBAN AREAS.—If parts of a high-risk urban area 

10 awarded a grant under this section are located in 2 or more States, 

11 the Secretary shall distribute to each State— 

12 (A) a portion of the grant funds in accordance with the pro13 posed distribution set forth in the application; or 

14 (B) if no agreement on distribution has been reached, a portion 

15 of the grant funds determined by the Secretary to be appropriate. 

16 (4) CERTIFICATIONS REGARDING DISTRIBUTION OF GRANT FUNDS

17 TO HIGH-RISK URBAN AREAS.—A State that receives grant funds under 

18 paragraph (1) shall certify to the Secretary that the State has made 

19 available to the applicable high-risk urban area the required funds 

20 under paragraph (2). 

21 (e) AUTHORIZATION OF APPROPRIATIONS.—There are authorized to be 

22 appropriated for grants under this section such sums as may be necessary. 

23 § 12504. State Homeland Security Grant Program 

24 (a) ESTABLISHMENT.—There is in the Department a State Homeland Se25 curity Grant Program to assist State, local, and tribal governments in pre26 venting, preparing for, protecting against, and responding to acts of ter27 rorism. 

28 (b) APPLICATION.— 

29 (1) IN GENERAL.—Each State may apply for a grant under this sec30 tion, and shall submit information in support of the application that 

31 the Secretary may reasonably require. 

32 (2) MINIMUM CONTENTS OF APPLICATION.—The Secretary shall re33 quire that each State include in its application, at a minimum— 

34 (A) the purpose for which the State seeks grant funds and the 

35 reasons why the State needs the grant to meet the target capabili36 ties of that State; 

37 (B) a description of how the State plans to allocate the grant 

38 funds to local governments and Indian tribes; and 

39 (C) a budget showing how the State intends to expend the grant 

40 funds. 


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1 (3) ANNUAL APPLICATIONS.—Applicants for grants under this sec2 tion shall apply or reapply on an annual basis. 

3 (c) DISTRIBUTION TO LOCAL AND TRIBAL GOVERNMENTS.— 

4 (1) IN GENERAL.—Not later than 45 days after receiving grant 

5 funds, any State receiving a grant under this section shall make avail6 able to local and tribal governments, consistent with the applicable 

7 State homeland security plan— 

8 (A) not less than 80 percent of the grant funds; 

9 (B) with the consent of local and tribal governments, items, 

10 services, or activities having a value of not less than 80 percent 

11 of the amount of the grant; or 

12 (C) with the consent of local and tribal governments, grant 

13 funds combined with other items, services, or activities having a 

14 total value of not less than 80 percent of the amount of the grant. 

15 (2) CERTIFICATIONS REGARDING DISTRIBUTION OF GRANT FUNDS

16 TO LOCAL GOVERNMENTS.—A State shall certify to the Secretary that 

17 the State has made the distribution to local and tribal governments re18 quired under paragraph (1). 

19 (3) EXTENSION OF PERIOD.—The Governor of a State may request 

20 in writing that the Secretary extend the period under paragraph (1) 

21 for an additional period of time. The Secretary may approve a request 

22 if the Secretary determines that the resulting delay in providing grant 

23 funding to the local and tribal governments is necessary to promote ef24 fective investments to prevent, prepare for, protect against, or respond 

25 to acts of terrorism. 

26 (4) EXCEPTION.—Paragraph (1) does not apply to the District of 

27 Columbia, Puerto Rico, American Samoa, the Northern Mariana Is28 lands, Guam, or the Virgin Islands. 

29 (5) DIRECT FUNDING.—If a State fails to make the distribution to 

30 local or tribal governments required under paragraph (1) in a timely 

31 fashion, a local or tribal government entitled to receive the distribution 

32 may petition the Secretary to request that grant funds be provided di33 rectly to the local or tribal government. 

34 (d) MULTISTATE APPLICATIONS.— 

35 (1) IN GENERAL.—Instead of, or in addition to, any application for 

36 a grant under subsection (b), 2 or more States may submit an applica37 tion for a grant under this section in support of multistate efforts to 

38 prevent, prepare for, protect against, and respond to acts of terrorism. 

39 (2) ADMINISTRATION OF GRANT.—If a group of States applies for 

40 a grant under this section, the States shall submit to the Secretary at 

41 the time of application a plan describing— 


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1 (A) the division of responsibilities for administering the grant; 

2 and 

3 (B) the distribution of funding among the States that are par4 ties to the application. 

5 (e) MINIMUM ALLOCATION.— 

6 (1) IN GENERAL.—In allocating funds under this section, the Sec7 retary shall ensure that— 

8 (A) except as provided in subparagraph (B), each State receives 

9 for each fiscal year, from the funds appropriated for the State 

10 Homeland Security Grant Program established under this section, 

11 not less than 0.35 percent of the total funds appropriated for 

12 grants under this section and section 12503 of this title; and 

13 (B) for each fiscal year, American Samoa, the Northern Mar14 iana Islands, Guam, and the Virgin Islands each receive, from the 

15 funds appropriated for the State Homeland Security Grant Pro16 gram established under this section, not less than an amount 

17 equal to 0.08 percent of the total funds appropriated for grants 

18 under this section and section 12503 of this title. 

19 (2) EFFECT OF MULTISTATE AWARD ON STATE MINIMUM.—Any por20 tion of a multistate award provided to a State under subsection (d) 

21 shall be considered in calculating the minimum State allocation under 

22 this subsection. 

23 (f) AUTHORIZATION OF APPROPRIATIONS.—There are authorized to be 

24 appropriated for grants under this section such sums as may be necessary. 

25 § 12505. Grants to directly eligible tribes 

26 (a) IN GENERAL.—Notwithstanding section 12504(b) of this title, the 

27 Secretary, acting through the Administrator, may award grants to directly 

28 eligible tribes under section 12504. 

29 (b) TRIBAL APPLICATIONS.—A directly eligible tribe may apply for a 

30 grant under section 12504 of this title by submitting an application to the 

31 Secretary that includes, as appropriate, the information required for an ap32 plication by a State under section 12504(b). 

33 (c) CONSISTENCY WITH STATE PLANS.— 

34 (1) IN GENERAL.—To ensure consistency with any applicable State 

35 homeland security plan, a directly eligible tribe applying for a grant 

36 under section 12504 of this title shall provide a copy of its application 

37 to each State within which any part of the tribe is located for review 

38 before the tribe submits the application to the Department. 

39 (2) OPPORTUNITY FOR COMMENT.—If the Governor of a State deter40 mines that the application of a directly eligible tribe is inconsistent 

41 with the State homeland security plan of that State, or otherwise does 


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1 not support the application, not later than 30 days after the date of 

2 receipt of that application the Governor shall— 

3 (A) notify the Secretary, in writing, of that fact; and 

4 (B) provide an explanation of the reason for not supporting the 

5 application. 

6 (d) FINAL AUTHORITY.—The Secretary shall have final authority to ap7 prove any application of a directly eligible tribe. The Secretary shall notify 

8 each State within the boundaries of which any part of a directly eligible 

9 tribe is located of the approval of an application by the tribe. 

10 (e) PRIORITIZATION.—The Secretary shall allocate funds to directly eligi11 ble tribes in accordance with the factors applicable to allocating funds 

12 among States under section 12507 of this title. 

13 (f) DISTRIBUTION OF AWARDS TO DIRECTLY ELIGIBLE TRIBES.—If the 

14 Secretary awards funds to a directly eligible tribe under this section, the 

15 Secretary shall distribute the grant funds directly to the tribe and not 

16 through any State. 

17 (g) MINIMUM ALLOCATION.— 

18 (1) IN GENERAL.—In allocating funds under this section, the Sec19 retary shall ensure that, for each fiscal year, directly eligible tribes col20 lectively receive, from the funds appropriated for the State Homeland 

21 Security Grant Program established under section 12504 of this title, 

22 not less than an amount equal to 0.1 percent of the total funds appro23 priated for grants under sections 12503 and 12504 of this title. 

24 (2) EXCEPTION.—This subsection shall not apply in any fiscal year 

25 in which the Secretary— 

26 (A) receives fewer than 5 applications under this section; or 

27 (B) does not approve at least 2 applications under this section. 

28 (h) TRIBAL LIAISON.—A directly eligible tribe applying for a grant under 

29 section 12504 of this title shall designate an individual to serve as a tribal 

30 liaison with the Department and other Federal, State, local, and regional 

31 government officials concerning preventing, preparing for, protecting 

32 against, and responding to acts of terrorism. 

33 (i) ELIGIBILITY FOR OTHER FUNDS.—A directly eligible tribe that re34 ceives a grant under section 12504 of this title may receive funds for other 

35 purposes under a grant from the State or States within the boundaries of 

36 which any part of the tribe is located and from any high-risk urban area 

37 of which it is a part, consistent with the homeland security plan of the State 

38 or high-risk urban area. 

39 (j) STATE OBLIGATIONS.— 

40 (1) IN GENERAL.—States are responsible for allocating grant funds 

41 received under section 12504 of this title to tribal governments in order 


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1 to help those tribal communities achieve target capabilities not achieved 

2 through grants to directly eligible tribes. 

3 (2) DISTRIBUTION OF GRANT FUNDS.—With respect to a grant to 

4 a State under section 12504, an Indian tribe shall be eligible for fund5 ing directly from that State, and shall not be required to seek funding 

6 from any local government. 

7 (3) IMPOSITION OF REQUIREMENTS.—A State may not impose un8 reasonable or unduly burdensome requirements on an Indian tribe as 

9 a condition of providing the Indian tribe with grant funds or resources 

10 under section 12504 of this title. 

11 (k) RULE OF CONSTRUCTION.—Nothing in this section shall be construed 

12 to affect the authority of an Indian tribe that receives funds under this 

13 chapter. 

14 § 12506. Terrorism prevention 

15 (a) LAW ENFORCEMENT TERRORISM PREVENTION PROGRAM.— 

16 (1) IN GENERAL.—The Secretary, acting through the Administrator, 

17 shall ensure that not less than 25 percent of the total combined funds 

18 appropriated for grants under sections 12503 and 12504 of this title 

19 is used for law enforcement terrorism prevention activities. 

20 (2) LAW ENFORCEMENT TERRORISM PREVENTION ACTIVITIES.—Law 

21 enforcement terrorism prevention activities include— 

22 (A) information sharing and analysis; 

23 (B) target hardening; 

24 (C) threat recognition; 

25 (D) terrorist interdiction; 

26 (E) training exercises to enhance preparedness for and response 

27 to mass casualty and active shooter incidents and security events 

28 at public locations, including airports and mass transit systems; 

29 (F) overtime expenses consistent with a State homeland security 

30 plan, including for the provision of enhanced law enforcement op31 erations in support of Federal agencies, including for increased 

32 border security and border crossing enforcement; 

33 (G) establishing, enhancing, and staffing with appropriately 

34 qualified personnel State, local, and regional fusion centers that 

35 comply with the guidelines established under section 10512(j) of 

36 this title; 

37 (H) paying salaries and benefits for personnel, including individ38 uals employed by the grant recipient on the date of the relevant 

39 grant application, to serve as qualified intelligence analysts; 


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1 (I) any other activity permitted under the Fiscal Year 2007 

2 Program Guidance of the Department for the Law Enforcement 

3 Terrorism Prevention Program; and 

4 (J) any other terrorism prevention activity authorized by the 

5 Secretary. 

6 (3) PARTICIPATION OF UNDERREPRESENTED COMMUNITIES IN FU7 SION CENTERS.—The Secretary shall ensure that grant funds described 

8 in paragraph (1) are used to support the participation in fusion cen9 ters, as appropriate, of law enforcement and other emergency response 

10 providers from rural and other underrepresented communities at risk 

11 from acts of terrorism. 

12 (b) OFFICE FOR STATE AND LOCAL LAW ENFORCEMENT.— 

13 (1) ESTABLISHMENT.—There is in the Policy Directorate of the De14 partment the Office for State and Local Law Enforcement. 

15 (2) ASSISTANT SECRETARY FOR STATE AND LOCAL LAW ENFORCE16 MENT.— The Assistant Secretary for State and Local Law Enforce17 ment— 

18 (A) is the head of the Office for State and Local Law Enforce19 ment; and 

20 (B) shall have an appropriate background with experience in 

21 law enforcement, intelligence, and other counterterrorism func22 tions. 

23 (3) ASSIGNMENT OF PERSONNEL.—The Secretary shall assign to the 

24 Office for State and Local Law Enforcement permanent staff and, as 

25 appropriate and consistent with sections 10311(a), 10312(b)(2), and 

26 11106(b)(2) of this title, other appropriate personnel detailed from 

27 other components of the Department to carry out the responsibilities 

28 under this subsection. 

29 (4) RESPONSIBILITIES.—The Assistant Secretary for State and 

30 Local Law Enforcement shall— 

31 (A) lead the coordination of Department-wide policies relating 

32 to the role of State and local law enforcement in preventing, pre33 paring for, protecting against, and responding to natural disasters, 

34 acts of terrorism, and other man-made disasters within the United 

35 States; 

36 (B) serve as a liaison between State, local, and tribal law en37 forcement agencies and the Department; 

38 (C) coordinate with the Office of Intelligence and Analysis to 

39 ensure the intelligence and information sharing requirements of 

40 State, local, and tribal law enforcement agencies are being ad41 dressed; 


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1 (D) work with the Secretary to ensure that law enforcement and 

2 terrorism-focused grants to State, local, and tribal government 

3 agencies, including grants under sections 12503 and 12504 of this 

4 title, the Commercial Equipment Direct Assistance Program, and 

5 other grants administered by the Department to support fusion 

6 centers and law enforcement-oriented programs, are appropriately 

7 focused on terrorism prevention activities; 

8 (E) coordinate with the Directorate of Science and Technology, 

9 the Federal Emergency Management Agency, the Department of 

10 Justice, the National Institute of Justice, law enforcement organi11 zations, and other appropriate entities to support the development, 

12 promulgation, and updating, as necessary, of national voluntary 

13 consensus standards for training and personal protective equip14 ment to be used in a tactical environment by law enforcement offi15 cers; and 

16 (F) conduct, jointly with the Secretary, a study to determine the 

17 efficacy and feasibility of establishing specialized law enforcement 

18 deployment teams to assist State, local, and tribal governments in 

19 responding to natural disasters, acts of terrorism, or other man20 made disasters and report on the results of that study to the ap21 propriate committees of Congress. 

22 (5) RULE OF CONSTRUCTION.—Nothing in this subsection shall be 

23 construed to diminish, supersede, or replace the responsibilities, au24 thorities, or role of the Secretary. 

25 § 12507. Prioritization 

26 (a) IN GENERAL.—In allocating funds among States and high-risk urban 

27 areas applying for grants under section 12503 or 12504 of this title, the 

28 Secretary, acting through the Administrator, shall consider, for each State 

29 or high-risk urban area— 

30 (1) its relative threat, vulnerability, and consequences from acts of 

31 terrorism, including consideration of— 

32 (A) its population, including appropriate consideration of mili33 tary, tourist, and commuter populations; 

34 (B) its population density; 

35 (C) its history of threats, including whether it has been the tar36 get of a prior act of terrorism; 

37 (D) its degree of threat, vulnerability, and consequences related 

38 to critical infrastructure (for all critical infrastructure sectors) or 

39 key resources identified by the Secretary or the State homeland 

40 security plan, including threats, vulnerabilities, and consequences 


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1 related to critical infrastructure or key resources in nearby juris2 dictions; 

3 (E) the most current threat assessments available to the De4 partment; 

5 (F) whether the State has, or the high-risk urban area is lo6 cated at or near, an international border; 

7 (G) whether it has a coastline bordering an ocean (including the 

8 Gulf of Mexico) or international waters; 

9 (H) its likely need to respond to acts of terrorism occurring in 

10 nearby jurisdictions; 

11 (I) the extent to which it has unmet target capabilities; 

12 (J) in the case of a high-risk urban area, the extent to which 

13 that high-risk urban area includes— 

14 (i) those incorporated municipalities, counties, parishes, 

15 and Indian tribes within the relevant eligible metropolitan 

16 area, the inclusion of which will enhance regional efforts to 

17 prevent, prepare for, protect against, and respond to acts of 

18 terrorism; and 

19 (ii) other local and tribal governments in the surrounding 

20 area that are likely to be called upon to respond to acts of 

21 terrorism within the high-risk urban area; and 

22 (K) such other factors as are specified in writing by the Sec23 retary; and 

24 (2) the anticipated effectiveness of the proposed use of the grant by 

25 the State or high-risk urban area in increasing the ability of that State 

26 or high-risk urban area to prevent, prepare for, protect against, and 

27 respond to acts of terrorism, to meet its target capabilities, and to oth28 erwise reduce the overall risk to the high-risk urban area, the State, 

29 or the Nation. 

30 (b) TYPES OF THREAT.—In assessing threat under this section, the Sec31 retary shall consider the following types of threat to critical infrastructure 

32 sectors and to populations in all areas of the United States, urban and 

33 rural: 

34 (1) Biological. 

35 (2) Chemical. 

36 (3) Cyber. 

37 (4) Explosives. 

38 (5) Incendiary. 

39 (6) Nuclear. 

40 (7) Radiological. 

41 (8) Suicide bombers. 


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1 (9) Other types of threat determined relevant by the Secretary. 

2 § 12508. Use of funds 

3 (a) PERMITTED USES.—The Secretary, acting through the Administrator, 

4 shall permit the recipient of a grant under section 12503 or 12504 of this 

5 title to use grant funds to achieve target capabilities related to preventing, 

6 preparing for, protecting against, and responding to acts of terrorism, con7 sistent with a State homeland security plan and relevant local, tribal, and 

8 regional homeland security plans, including by working in conjunction with 

9 a National Laboratory (as defined in section 2 of the Energy Policy Act 

10 of 2005 (42 U.S.C. 15801)), through— 

11 (1) developing and enhancing homeland security, emergency manage12 ment, or other relevant plans, assessments, or mutual aid agreements; 

13 (2) designing, conducting, and evaluating training and exercises, in14 cluding training and exercises conducted under section 11112 and 

15 20508 of this title; 

16 (3) protecting a system or asset included on the prioritized critical 

17 infrastructure list established under section 10516(a)(2) of this title; 

18 (4) purchasing, upgrading, storing, or maintaining equipment, in19 cluding computer hardware and software; 

20 (5) ensuring operability and achieving interoperability of emergency 

21 communications; 

22 (6) responding to an increase in the threat level under the Homeland 

23 Security Advisory System, or to the needs resulting from a National 

24 Special Security Event; 

25 (7) establishing, enhancing, and staffing with appropriately qualified 

26 personnel, State, local, and regional fusion centers that comply with the 

27 guidelines established under section 10512(j) of this title; 

28 (8) enhancing school preparedness; 

29 (9) enhancing the security and preparedness of secure and nonsecure 

30 areas of eligible airports and surface transportation systems; 

31 (10) supporting public safety answering points; 

32 (11) paying salaries and benefits for personnel, including individuals 

33 employed by the grant recipient on the date of the relevant grant appli34 cation, to serve as qualified intelligence analysts, regardless of whether 

35 the analysts are current or new full-time employees or contract employ36 ees; 

37 (12) paying expenses directly relating to administration of the grant, 

38 except that expenses may not exceed 3 percent of the amount of the 

39 grant; 

40 (13) any activity permitted under the Fiscal Year 2007 Program 

41 Guidance of the Department for the State Homeland Security Grant 


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1 Program, the Urban Area Security Initiative (including activities per2 mitted under the full-time counterterrorism staffing pilot), or the Law 

3 Enforcement Terrorism Prevention Program; and 

4 (14) any other appropriate activity, as determined by the Secretary. 

5 (b) LIMITATIONS ON USE OF FUNDS.— 

6 (1) IN GENERAL.—Funds provided under section 12503 or 12504 of 

7 this title may not be used— 

8 (A) to supplant State or local funds, except that nothing in this 

9 paragraph shall prohibit the use of grant funds provided to a 

10 State or high-risk urban area for otherwise permissible uses under 

11 subsection (a) on the basis that a State or high-risk urban area 

12 has previously used State or local funds to support the same or 

13 similar uses; or 

14 (B) for any State or local government cost-sharing contribution. 

15 (2) PERSONNEL.— 

16 (A) IN GENERAL.—Not more than 50 percent of the amount 

17 awarded to a grant recipient under section 12503 or 12504 of this 

18 title in any fiscal year may be used to pay for personnel, including 

19 overtime and backfill costs, in support of the permitted uses under 

20 subsection (a). 

21 (B) WAIVER.—At the request of the recipient of a grant under 

22 section 12503 or 12504, the Secretary may grant a waiver of the 

23 limitation under subparagraph (A). 

24 (3) LIMITATIONS ON DISCRETION.— 

25 (A) IN GENERAL.—With respect to the use of amounts awarded 

26 to a grant recipient under section 12503 or 12504 for personnel 

27 costs under paragraph (2) of this subsection, the Secretary may 

28 not— 

29 (i) impose a limit on the amount of the award that may 

30 be used to pay for personnel, or personnel-related, costs that 

31 is higher or lower than the percent limit imposed in para32 graph (2)(A); or 

33 (ii) impose any additional limitation on the portion of the 

34 funds of a recipient that may be used for a specific type, pur35 pose, or category of personnel, or personnel-related, costs. 

36 (B) ANALYSTS.—If amounts awarded to a grant recipient under 

37 section 12503 or 12504 of this title are used for paying salary or 

38 benefits of a qualified intelligence analyst under subsection 

39 (a)(10), the Secretary shall make the amounts available without 

40 time limitations placed on the period of time that the analyst can 

41 serve under the grant. 


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1 (4) CONSTRUCTION.— 

2 (A) IN GENERAL.—A grant awarded under section 12503 or 

3 12504 of this title may not be used to acquire land or to construct 

4 buildings or other physical facilities. 

5 (B) EXCEPTIONS.— 

6 (i) IN GENERAL.—Notwithstanding subparagraph (A), 

7 nothing in this paragraph shall prohibit the use of a grant 

8 awarded under section 12503 or 12504 of this title to achieve 

9 target capabilities related to preventing, preparing for, pro10 tecting against, or responding to acts of terrorism, including 

11 through the alteration or remodeling of existing buildings for 

12 the purpose of making the buildings secure against acts of 

13 terrorism. 

14 (ii) REQUIREMENTS FOR EXCEPTION.—No grant awarded 

15 under section 12503 or 12504 of this title may be used for 

16 a purpose described in clause (i) unless— 

17 (I) specifically approved by the Secretary; 

18 (II) any construction work occurs under terms and 

19 conditions consistent with the requirements under section 

20 611(j)(9) of the Robert T. Stafford Disaster Relief and 

21 Emergency Assistance Act (42 U.S.C. 5196(j)(9)); and 

22 (III) the amount allocated for purposes under clause 

23 (i) does not exceed the greater of $1,000,000 or 15 per24 cent of the grant award. 

25 (5) RECREATION.—Grants awarded under this chapter may not be 

26 used for recreational or social purposes. 

27 (c) MULTIPLE-PURPOSE FUNDS.—Nothing in this chapter shall be con28 strued to prohibit State, local, or tribal governments from using grant funds 

29 under section 12503 or 12504 of this title in a manner that enhances pre30 paredness for disasters unrelated to acts of terrorism, if the use assists the 

31 governments in achieving target capabilities related to preventing, preparing 

32 for, protecting against, or responding to acts of terrorism. 

33 (d) REIMBURSEMENT OF COSTS.— 

34 (1) PAID-ON-CALL OR VOLUNTEER REIMBURSEMENT.—In addition to 

35 the activities described in subsection (a), a grant under section 12503 

36 or 12504 of this title may be used to provide a reasonable stipend to 

37 paid-on-call or volunteer emergency response providers who are not oth38 erwise compensated for travel to, or participation in, training or exer39 cises related to the purposes of this chapter. Any reimbursement shall 

40 not be considered compensation for purposes of rendering an emerVerDate Sep 11 2014 18:05 Jun 12, 2018 Jkt 079200 PO 00000 Frm 00423 Fmt 6652 Sfmt 6221 E:\BILLS\H6063.IH H6063

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1 gency response provider an employee under the Fair Labor Standards 

2 Act of 1938 (29 U.S.C. 201 et seq.). 

3 (2) PERFORMANCE OF FEDERAL DUTY.—An applicant for a grant 

4 under section 12503 or 12504 may petition the Secretary to use the 

5 funds from its grants under those sections for the reimbursement of 

6 the cost of any activity relating to preventing, preparing for, protecting 

7 against, or responding to acts of terrorism that is a Federal duty and 

8 usually performed by a Federal agency, and that is being performed 

9 by a State or local government under agreement with a Federal agency. 

10 (e) FLEXIBILITY IN UNSPENT HOMELAND SECURITY GRANT FUNDS.— 

11 On request by the recipient of a grant under section 12503 or 12504 of 

12 this title, the Secretary may authorize the grant recipient to transfer all or 

13 part of the grant funds from uses specified in the grant agreement to other 

14 uses authorized under this section, if the Secretary determines that the 

15 transfer is in the interests of homeland security. 

16 (f) EQUIPMENT STANDARDS.—If an applicant for a grant under section 

17 12503 or 12504 of this title proposes to upgrade or purchase, with assist18 ance provided under that grant, new equipment or systems that do not meet 

19 or exceed any applicable national voluntary consensus standards developed 

20 under section 20507 of this title, the applicant shall include in its applica21 tion an explanation of why the equipment or systems will serve the needs 

22 of the applicant better than equipment or systems that meet or exceed the 

23 standards. 

24 § 12509. Administration and coordination 

25 (a) REGIONAL COORDINATION.—The Administrator shall ensure that— 

26 (1) all recipients of grants administered by the Department to pre27 vent, prepare for, protect against, or respond to natural disasters, acts 

28 of terrorism, or other man-made disasters (excluding assistance pro29 vided under section 203 or title IV or V of the Robert T. Stafford Dis30 aster Relief and Emergency Assistance Act (42 U.S.C. 5133, 5170 et 

31 seq., 5191 et seq.)) coordinate, as appropriate, their prevention, pre32 paredness, and protection efforts with neighboring State, local, and 

33 tribal governments; and 

34 (2) all high-risk urban areas and other recipients of grants adminis35 tered by the Department to prevent, prepare for, protect against, or 

36 respond to natural disasters, acts of terrorism, or other man-made dis37 asters (excluding assistance provided under section 203 or title IV or 

38 V of the Robert T. Stafford Disaster Relief and Emergency Assistance 

39 Act (42 U.S.C. 5133, 5170 et seq., 5191 et seq.)) that include or sub40 stantially affect parts or all of more than one State coordinate, as ap41 propriate, across State boundaries, including, where appropriate, 


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1 through the use of regional working groups and requirements for re2 gional plans. 

3 (b) PLANNING COMMITTEES.— 

4 (1) IN GENERAL.—Any State or high-risk urban area receiving a 

5 grant under section 12503 or 12504 of this title shall establish a State 

6 planning committee or urban area working group to assist in prepara7 tion and revision of the State, regional, or local homeland security plan 

8 or the threat and hazard identification and risk assessment and to as9 sist in determining effective funding priorities for grants under sections 

10 12503 and 12504. 

11 (2) COMPOSITION.— 

12 (A) IN GENERAL.—The State planning committees and urban 

13 area working groups shall include at least 1 representative from 

14 each of the following significant stakeholders: 

15 (i) Local or tribal government officials. 

16 (ii) Emergency response providers, which shall include rep17 resentatives of the fire service, law enforcement, emergency 

18 medical services, and emergency managers. 

19 (iii) Public health officials and other appropriate medical 

20 practitioners. 

21 (iv) Individuals representing educational institutions, in22 cluding elementary schools, community colleges, and other in23 stitutions of higher learning. 

24 (v) State and regional interoperable communications coor25 dinators, as appropriate. 

26 (vi) State and major urban area fusion centers, as appro27 priate. 

28 (B) GEOGRAPHIC REPRESENTATION.—The members of the 

29 State planning committee or urban area working group shall be 

30 a representative group of individuals from the counties, cities, 

31 towns, and Indian tribes in the State or high-risk urban area, in32 cluding, as appropriate, representatives of rural, high-population, 

33 and high-threat jurisdictions. 

34 (3) EXISTING PLANNING COMMITTEES.—Nothing in this subsection 

35 may be construed to require that any State or high-risk urban area cre36 ate a State planning committee or urban area working group if that 

37 State or high-risk urban area has established and uses a multijuris38 dictional planning committee or commission that meets the require39 ments of this subsection. 

40 (c) INTERAGENCY COORDINATION.— 


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1 (1) IN GENERAL.—The Secretary (acting through the Adminis2 trator), the Attorney General, the Secretary of Health and Human 

3 Services, and the heads of other agencies providing assistance to State, 

4 local, and tribal governments for preventing, preparing for, protecting 

5 against, and responding to natural disasters, acts of terrorism, and 

6 other man-made disasters, shall jointly— 

7 (A) compile a comprehensive list of Federal grant programs for 

8 State, local, and tribal governments for preventing, preparing for, 

9 protecting against, and responding to natural disasters, acts of 

10 terrorism, and other man-made disasters; 

11 (B) compile the planning, reporting, application, and other re12 quirements and guidance for the grant programs described in sub13 paragraph (A); 

14 (C) develop recommendations, as appropriate, to— 

15 (i) eliminate redundant and duplicative requirements for 

16 State, local, and tribal governments, including onerous appli17 cation and ongoing reporting requirements; 

18 (ii) ensure accountability of the programs to the intended 

19 purposes of the programs; 

20 (iii) coordinate allocation of grant funds to avoid duplica21 tive or inconsistent purchases by the recipients; 

22 (iv) make the programs more accessible and user friendly 

23 to applicants; and 

24 (v) ensure the programs are coordinated to enhance the 

25 overall preparedness of the Nation; 

26 (D) submit the information and recommendations under sub27 paragraphs (A), (B), and (C) to the appropriate committees of 

28 Congress; and 

29 (E) provide the appropriate committees of Congress, the Comp30 troller General, and any officer or employee of the Government Ac31 countability Office with full access to any information collected or 

32 reviewed in preparing the submission under subparagraph (D). 

33 (2) SCOPE OF TASK.—Nothing in this subsection shall authorize the 

34 elimination, or the alteration of the purposes, as delineated by statute, 

35 regulation, or guidance, of a grant program that existed on August 3, 

36 2007, nor authorize the review or preparation of proposals on the elimi37 nation, or the alteration of the purposes, of such a grant program. 

38 § 12510. Accountability 

39 (a) AUDITS OF GRANT PROGRAMS.— 

40 (1) COMPLIANCE REQUIREMENTS.— 


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1 (A) AUDIT REQUIREMENT.—Each recipient of a grant adminis2 tered by the Department that expends not less than $500,000 in 

3 Federal funds during its fiscal year shall submit to the Secretary, 

4 through the Administrator, a copy of the organization-wide finan5 cial and compliance audit report required under chapter 75 of title 

6 31. 

7 (B) ACCESS TO INFORMATION.—The Department and each re8 cipient of a grant administered by the Department shall provide 

9 the Comptroller General and any officer or employee of the Gov10 ernment Accountability Office with full access to information re11 garding the activities carried out related to any grant administered 

12 by the Department. 

13 (C) IMPROPER PAYMENTS.—Consistent with the Improper Pay14 ments Information Act of 2002 (Public Law 107–300, 31 U.S.C. 

15 3321 note), for each of the grant programs under sections 12503, 

16 12504, and 20522 of this title, the Secretary shall specify policies 

17 and procedures for— 

18 (i) identifying activities funded under a grant program that 

19 are susceptible to significant improper payments; and 

20 (ii) reporting any improper payments to the Department. 

21 (2) AGENCY PROGRAM REVIEW.— 

22 (A) IN GENERAL.—The Secretary shall biennially conduct, for 

23 each State and high-risk urban area receiving a grant adminis24 tered by the Department, a programmatic and financial review of 

25 all grants awarded by the Department to prevent, prepare for, 

26 protect against, or respond to natural disasters, acts of terrorism, 

27 or other man-made disasters, excluding assistance provided under 

28 section 203, title IV, or title V of the Robert T. Stafford Disaster 

29 Relief and Emergency Assistance Act (42 U.S.C. 5133, 5170 et 

30 seq., 5191 et seq.). 

31 (B) CONTENTS.—Each review under subparagraph (A) shall, at 

32 a minimum, examine— 

33 (i) whether the funds awarded were used in accordance 

34 with the law, program guidance, and State homeland security 

35 plans or other applicable plans; and 

36 (ii) the extent to which funds awarded enhanced the ability 

37 of a grantee to prevent, prepare for, protect against, and re38 spond to natural disasters, acts of terrorism, and other man39 made disasters. 

40 (C) AUTHORIZATION OF APPROPRIATIONS.—In addition to any 

41 other amounts authorized to be appropriated to the Secretary, 


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1 there are authorized to be appropriated to the Secretary for re2 views under this paragraph such sums as may be necessary. 

3 (3) PERFORMANCE ASSESSMENT.—In order to ensure that States 

4 and high-risk urban areas are using grants administered by the De5 partment appropriately to meet target capabilities and preparedness 

6 priorities, the Secretary shall— 

7 (A) ensure that each State or high-risk urban area conducts or 

8 participates in exercises under section 20508(b) of this title; 

9 (B) use performance metrics in accordance with the comprehen10 sive assessment system under section 20509 of this title and en11 sure that each State or high-risk urban area regularly tests its 

12 progress against the metrics through the exercises required under 

13 subparagraph (A); 

14 (C) use the remedial action management program under section 

15 20510 of this title; and 

16 (D) ensure that each State receiving a grant administered by 

17 the Department submits a report to the Secretary on its level of 

18 preparedness, as required by section 20512(c) of this title. 

19 (4) CONSIDERATION OF ASSESSMENTS.—In conducting program re20 views and performance audits under paragraph (2), the Secretary and 

21 the Inspector General of the Department shall take into account the 

22 performance assessment elements required under paragraph (3). 

23 (5) RECOVERY AUDITS.—The Secretary shall conduct a recovery 

24 audit under section 2(h) of the Improper Payments Elimination and 

25 Recovery Act of 2010 (Public Law 111–204, 31 U.S.C. 3321 note) for 

26 any grant administered by the Department with a total value of not 

27 less than $1,000,000, if the Secretary finds that— 

28 (A) a financial audit has identified improper payments that can 

29 be recouped; and 

30 (B) it is cost-effective to conduct a recovery audit to recapture 

31 the targeted funds. 

32 (6) REMEDIES FOR NONCOMPLIANCE.— 

33 (A) IN GENERAL.—If, as a result of a review or audit under this 

34 subsection or otherwise, the Secretary finds that a recipient of a 

35 grant under this chapter has failed to substantially comply with 

36 any provision of law or with any regulations or guidelines of the 

37 Department regarding eligible expenditures, the Secretary shall— 

38 (i) reduce the amount of payment of grant funds to the re39 cipient by an amount equal to the amount of grants funds 

40 that were not properly expended by the recipient; 


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1 (ii) limit the use of grant funds to programs, projects, or 

2 activities not affected by the failure to comply; 

3 (iii) refer the matter to the Inspector General of the De4 partment for further investigation; 

5 (iv) terminate any payment of grant funds to be made to 

6 the recipient; or 

7 (v) take other actions the Secretary determines appro8 priate. 

9 (B) DURATION OF PENALTY.—The Secretary shall apply an ap10 propriate penalty under subparagraph (A) until the Secretary de11 termines that the grant recipient is in full compliance with the law 

12 and with applicable guidelines or regulations of the Department. 

13 (b) REPORTS BY GRANT RECIPIENTS.— 

14 (1) QUARTERLY REPORTS ON HOMELAND SECURITY SPENDING.— 

15 (A) IN GENERAL.—As a condition of receiving a grant under 

16 section 12503 or 12504 of this title, a State, high-risk urban area, 

17 or directly eligible tribe shall, not later than 30 days after the end 

18 of each Federal fiscal quarter, submit to the Secretary a report 

19 on activities performed using grant funds during that fiscal quar20 ter. 

21 (B) CONTENTS.—Each report submitted under subparagraph 

22 (A) shall at a minimum include, for the applicable State, high-risk 

23 urban area, or directly eligible tribe, and each subgrantee there24 of— 

25 (i) the amount obligated to that recipient under section 

26 12503 or 12504 in that quarter; 

27 (ii) the amount of funds received and expended under sec28 tion 12503 or 12504 by that recipient in that quarter; and 

29 (iii) a summary description of expenditures made by that 

30 recipient using the funds, and the purposes for which the ex31 penditures were made. 

32 (C) END–OF–YEAR REPORT.—The report submitted under sub33 paragraph (A) by a State, high-risk urban area, or directly eligible 

34 tribe relating to the last quarter of any fiscal year shall include— 

35 (i) the amount and date of receipt of all funds received 

36 under the grant during that fiscal year; 

37 (ii) the identity of, and amount provided to, any subgrantee 

38 for that grant during that fiscal year; 

39 (iii) the amount and the dates of disbursements of funds 

40 expended in compliance with section 12509(a)(1) of this title 

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1 ments that apply within the State, high-risk urban area, or 

2 directly eligible tribe, as applicable, during that fiscal year; 

3 and 

4 (iv) how the funds were used by each recipient or sub5 grantee during that fiscal year. 

6 (2) ANNUAL STATE PREPAREDNESS REPORT.—Any State applying 

7 for a grant under section 12504 shall submit to the Secretary annually 

8 a State preparedness report, as required by section 20512(c) of this 

9 title. 

10 (3) ANNUAL REPORT ON EXPENDITURES.— 

11 (A) DEFINITION OF HOMELAND SECURITY GRANT.—In this 

12 paragraph, the term ‘‘homeland security grant’’ means any grant 

13 made or administered by the Department, including— 

14 (i) the State Homeland Security Grant Program; 

15 (ii) the Urban Area Security Initiative Grant Program; 

16 (iii) the Law Enforcement Terrorism Prevention Program; 

17 (iv) the Citizen Corps; and 

18 (v) the Metropolitan Medical Response System. 

19 (B) LIST OF EXPENDITURES.—Not later than 12 months after 

20 the date of receipt of the grant, and every 12 months thereafter 

21 until all funds provided under the grant are expended, each State 

22 or local government that receives a homeland security grant shall 

23 submit a report to the Secretary that contains a list of all expendi24 tures made by the State or local government using funds from the 

25 grant. 

26 (c) REPORTS BY THE ADMINISTRATOR.— 

27 (1) FEDERAL PREPAREDNESS REPORT.—The Administrator shall 

28 submit to the appropriate committees of Congress annually the Federal 

29 Preparedness Report required under section 20512(a) of this title. 

30 (2) RISK ASSESSMENT.— 

31 (A) IN GENERAL.—For each fiscal year, the Administrator shall 

32 provide to the appropriate committees of Congress a detailed and 

33 comprehensive explanation of the methodologies used to calculate 

34 risk and compute the allocation of funds for grants administered 

35 by the Department, including— 

36 (i) all variables included in the risk assessment and the 

37 weights assigned to each variable; 

38 (ii) an explanation of how each variable, as weighted, cor39 relates to risk, and the basis for concluding there is a correla40 tion; and 


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1 (iii) any change in the methodologies from the previous fis2 cal year, including changes in variables considered, the 

3 weighting of those variables, and computational methods. 

4 (B) CLASSIFIED ANNEX.—The information required under sub5 paragraph (A) shall be provided in unclassified form to the great6 est extent possible, and may include a classified annex if nec7 essary. 

8 (C) DEADLINE.—For each fiscal year, the information required 

9 under subparagraph (A) shall be provided on the earlier of— 

10 (i) October 31; or 

11 (ii) 30 days before the issuance of any program guidance 

12 for grants administered by the Department. 

13 (3) TRIBAL FUNDING REPORT.—At the end of each fiscal year, the 

14 Administrator shall submit to the appropriate committees of Congress 

15 a report setting forth the amount of funding provided during that fiscal 

16 year to Indian tribes under any grant program administered by the De17 partment, whether provided directly or through a subgrant from a 

18 State or high-risk urban area. 

19 § 12511. Identification of reporting redundancies and devel20 opment of performance metrics 

21 (a) DEFINITION OF COVERED GRANTS.—In this section, the term ‘‘cov22 ered grants’’ means grants awarded under section 12503 of this title, grants 

23 awarded under section 12504 of this title, and any other grants specified 

24 by the Administrator. 

25 (b) PLAN TO ELIMINATE REDUNDANT AND UNNECESSARY REPORTING

26 REQUIREMENTS AND TO ASSESS EFFECTIVENESS OF PROGRAMS.—The Ad27 ministrator shall develop— 

28 (1) a plan, including a specific timetable, for eliminating any redun29 dant and unnecessary reporting requirements imposed by the Adminis30 trator on State, local and tribal governments in connection with the 

31 awarding of grants; and 

32 (2) a plan, including a specific timetable, for promptly developing a 

33 set of quantifiable performance measures and metrics to assess the ef34 fectiveness of the programs under which covered grants are awarded. 

35 (c) BIENNIAL REPORTS.—Not later than January 10, 2018, and every 

36 2 years thereafter, the Secretary shall submit to the appropriate committees 

37 of Congress a grants management report that includes— 

38 (1) the status of efforts to eliminate redundant and unnecessary re39 porting requirements imposed on grant recipients, including— 

40 (A) progress made in implementing the plan required under 

41 subsection (b)(1); 


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1 (B) a reassessment of the reporting requirements to identify 

2 and eliminate redundant and unnecessary requirements; 

3 (2) the status of efforts to develop quantifiable performance meas4 ures and metrics to assess the effectiveness of the programs under 

5 which the covered grants are awarded, including— 

6 (A) progress made in implementing the plan required under 

7 subsection (b)(2); and 

8 (B) progress made in developing and implementing additional 

9 performance metrics and measures for grants, including as part of 

10 the comprehensive assessment system required under section 

11 20509 of this title; and 

12 (3) a performance assessment of each program under which the cov13 ered grants are awarded, including— 

14 (A) a description of the objectives and goals of the program; 

15 (B) an assessment of the extent to which the objectives and 

16 goals described in subparagraph (A) have been met, based on the 

17 quantifiable performance measures and metrics required under 

18 this section and sections 12510(a)(3) and 20509 of this title; 

19 (C) recommendations for any program modifications to improve 

20 the effectiveness of the program, to address changed or emerging 

21 conditions; and 

22 (D) an assessment of the experience of recipients of covered 

23 grants, including the availability of clear and accurate information, 

24 the timeliness of reviews and awards, and the provision of tech25 nical assistance, and recommendations for improving that experi26 ence. 

27 (d) GRANTS PROGRAM MEASUREMENT STUDY.— 

28 (1) IN GENERAL.—The National Academy of Public Administration 

29 shall assist the Administrator in implementing— 

30 (A) quantifiable performance measures and metrics to assess 

31 the effectiveness of grants administered by the Department, as re32 quired under this section and section 20509 of this title; and 

33 (B) the plan required under subsection (b)(2). 

34 (2) AUTHORIZATION OF APPROPRIATIONS.—There are authorized to 

35 be appropriated to the Secretary such sums as may be necessary to 

36 carry out this subsection. 

37 Chapter 127—Anti-Trafficking Training for 

38 Department Personnel 

Sec. 

12701. Definition of human trafficking. 

12702. Training to identify human trafficking. 

12703. Report. 

12704. Assistance to non-Federal entities. 


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1 § 12701. Definition of human trafficking 

2 In this chapter, the term ‘‘human trafficking’’ means an art or practice 

3 described in paragraph (9) or (10) of section 103 of the Trafficking Victims 

4 Protection Act of 2000 (22 U.S.C. 7102(9), (10)). 

5 § 12702. Training to identify human trafficking 

6 (a) IN GENERAL.—The Secretary shall implement a program to— 

7 (1) train and periodically retrain relevant Transportation Security 

8 Administration, U. S. Customs and Border Protection, and other De9 partment personnel that the Secretary considers appropriate, with re10 spect to how to effectively deter, detect, and disrupt human trafficking, 

11 and, where appropriate, interdict a suspected perpetrator of human 

12 trafficking, during the course of their primary roles and responsibil13 ities; and 

14 (2) ensure that the personnel referred to in paragraph (1) regularly 

15 receive current information on matters relating to the detection of 

16 human trafficking, including information that becomes available outside 

17 of the Department’s initial or periodic retraining schedule, to the ex18 tent relevant to their official duties and consistent with applicable in19 formation and privacy laws. 

20 (b) TRAINING.—The training referred to in subsection (a) may be con21 ducted through in-class or virtual learning capabilities, and shall include— 

22 (1) methods for identifying suspected victims of human trafficking 

23 and, where appropriate, perpetrators of human trafficking; 

24 (2) for appropriate personnel, methods to approach a suspected vic25 tim of human trafficking, where appropriate, in a manner that is sen26 sitive to the suspected victim and is not likely to alert a suspected per27 petrator of human trafficking; 

28 (3) training that is most appropriate for a particular location or en29 vironment in which the personnel receiving such training perform their 

30 official duties; 

31 (4) other topics determined by the Secretary to be appropriate; and 

32 (5) a post-training evaluation for personnel receiving the training. 

33 (c) TRAINING CURRICULUM REVIEW.—The Secretary shall annually reas34 sess the training program established under subsection (a) to ensure it is 

35 consistent with current techniques, patterns, and trends associated with 

36 human trafficking. 

37 § 12703. Report 

38 Not later than May 29 of each year, the Secretary shall report to Con39 gress with respect to the overall effectiveness of the program required by 

40 this chapter, the number of cases reported by Department personnel in 


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1 which human trafficking was suspected, and, of those cases, the number of 

2 cases that were confirmed cases of human trafficking. 

3 § 12704. Assistance to non-Federal entities 

4 The Secretary may provide training curricula to any State, local, or tribal 

5 government, or private organization, to assist the government or organiza6 tion in establishing a program of training to identify human trafficking, on 

7 request from the government or organization. 

8 Subtitle II—National Emergency 

9 Management 

10 Chapter 201—General 

Sec. 

20101. Definitions. 

11 § 20101. Definitions 

12 In this subtitle: 

13 (1) ADMINISTRATOR.—The term ‘‘Administrator’’ means the Admin14 istrator of the Agency. 

15 (2) AGENCY.—The term ‘‘Agency’’ means the Federal Emergency 

16 Management Agency. 

17 (3) APPROPRIATE COMMITTEES OF CONGRESS.—The term ‘‘appro18 priate committees of Congress’’ means— 

19 (A) the Committee on Homeland Security and Governmental 

20 Affairs of the Senate; and 

21 (B) those committees of the House of Representatives that the 

22 Speaker of the House of Representatives determines appropriate. 

23 (4) CATASTROPHIC INCIDENT.—The term ‘‘catastrophic incident’’ 

24 means any natural disaster, act of terrorism, or other man-made dis25 aster that results in extraordinary levels of casualties or damage or dis26 ruption severely affecting the population (including mass evacuations), 

27 infrastructure, environment, economy, national morale, or government 

28 functions in an area. 

29 (5) DEPARTMENT.—The term ‘‘Department’’ means the Department 

30 of Homeland Security. 

31 (6) EMERGENCY; MAJOR DISASTER.—The terms ‘‘emergency’’ and 

32 ‘‘major disaster’’ have the meanings given the terms in section 102 of 

33 the Robert T. Stafford Disaster Relief and Emergency Assistance Act 

34 (42 U.S.C. 5122). 

35 (7) EMERGENCY MANAGEMENT.—The term ‘‘emergency manage36 ment’’ means the governmental function that coordinates and inte37 grates all activities necessary to build, sustain, and improve the capa38 bility to prepare for, protect against, respond to, recover from, or miti39 gate against threatened or actual natural disasters, acts of terrorism, 

40 or other man-made disasters. 


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1 (8) EMERGENCY RESPONSE PROVIDERS.—The term ‘‘emergency re2 sponse providers’’ has the meaning given the term in section 10101 of 

3 this title. 

4 (9) FEDERAL COORDINATING OFFICER.—The term ‘‘Federal coordi5 nating officer’’ means a Federal coordinating officer as described in 

6 section 302 of the Robert T. Stafford Disaster Relief and Emergency 

7 Assistance Act (42 U.S.C. 5143). 

8 (10) INDIVIDUAL WITH A DISABILITY.—The term ‘‘individual with a 

9 disability’’ has the meaning given the term in section 3 of the Ameri10 cans with Disabilities Act of 1990 (42 U.S.C. 12102). 

11 (11) LOCAL GOVERNMENT.—The term ‘‘local government’’ has the 

12 meaning given the term in section 10101 of this title. 

13 (12) NATIONAL INCIDENT MANAGEMENT SYSTEM.—The term ‘‘Na14 tional Incident Management System’’ means a system to enable effec15 tive, efficient, and collaborative incident management. 

16 (13) NATIONAL RESPONSE PLAN.—The term ‘‘National Response 

17 Plan’’ means the National Response Plan or any successor plan pre18 pared under section 11103(a)(6) of this title. 

19 (14) SECRETARY.—The term ‘‘Secretary’’ means the Secretary of 

20 Homeland Security. 

21 (15) STATE.—The term ‘‘State’’ has the meaning given the term in 

22 section 10101 of this title. 

23 (16) SURGE CAPACITY.—The term ‘‘surge capacity’’ means the abil24 ity to rapidly and substantially increase the provision of search and res25 cue capabilities, food, water, medicine, shelter and housing, medical 

26 care, evacuation capacity, staffing (including disaster assistance em27 ployees), and other resources necessary to save lives and protect prop28 erty during a catastrophic incident. 

29 (17) TRIBAL GOVERNMENT.—The term ‘‘tribal government’’ means 

30 the government of an Indian tribe or authorized tribal organization, or, 

31 in Alaska, a Native village or Alaska Regional Native Corporation. 

32 Chapter 203—Emergency Management 

33 Capabilities 

Sec. 

20301. Surge Capacity Force. 

20302. Evacuation preparedness technical assistance. 

20303. Urban Search and Rescue Response System. 

20304. Metropolitan Medical Response System Program. 

20305. Logistics. 

20306. Pre-positioned equipment program. 

20307. Basic life supporting first aid and education. 

20308. Improvements to information technology systems. 

20309. Disclosure of certain information to law enforcement agencies. 

34 § 20301. Surge Capacity Force 

35 (a) ESTABLISHMENT.— 


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1 (1) IN GENERAL.—The Administrator shall prepare and submit to 

2 the appropriate committees of Congress a plan to establish and imple3 ment a Surge Capacity Force for deployment of individuals to respond 

4 to natural disasters, acts of terrorism, and other man-made disasters, 

5 including catastrophic incidents. 

6 (2) AUTHORITY.— 

7 (A) IN GENERAL.—Except as provided in subparagraph (B), the 

8 plan shall provide for individuals in the Surge Capacity Force to 

9 be trained and deployed under the authorities set forth in the Rob10 ert T. Stafford Disaster Relief and Emergency Assistance Act (42 

11 U.S.C. 5121 et seq.). 

12 (B) EXCEPTION.—If the Administrator determines that the ex13 isting authorities are inadequate for the training and deployment 

14 of individuals in the Surge Capacity Force, the Administrator shall 

15 report to Congress as to the additional statutory authorities that 

16 the Administrator determines necessary. 

17 (b) EMPLOYEES DESIGNATED TO SERVE.—The plan shall include proce18 dures under which the Secretary shall designate employees of the Depart19 ment who are not employees of the Agency and shall, in conjunction with 

20 the heads of other Executive agencies, designate employees of those other 

21 Executive agencies, as appropriate, to serve on the Surge Capacity Force. 

22 (c) CAPABILITIES.—The plan shall ensure that the Surge Capacity 

23 Force— 

24 (1) includes a sufficient number of individuals credentialed under 

25 section 11110 of this title that are capable of deploying rapidly and ef26 ficiently after activation to prepare for, respond to, and recover from 

27 natural disasters, acts of terrorism, and other man-made disasters, in28 cluding catastrophic incidents; and 

29 (2) includes a sufficient number of full-time, highly trained individ30 uals credentialed under section 11110 to lead and manage the Surge 

31 Capacity Force. 

32 (d) TRAINING.—The plan shall ensure that the Administrator provides 

33 appropriate and continuous training to members of the Surge Capacity 

34 Force to ensure the personnel are adequately trained on the Agency’s pro35 grams and policies for natural disasters, acts of terrorism, and other man36 made disasters. 

37 (e) NO IMPACT ON AGENCY PERSONNEL CEILING.—Surge Capacity 

38 Force members shall not be counted against any personnel ceiling applicable 

39 to the Agency. 

40 (f) EXPENSES.—The Administrator may provide members of the Surge 

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1 ence, at rates authorized for employees of agencies under subchapter I of 

2 chapter 57 of title 5, for the purpose of participating in any training that 

3 relates to service as a member of the Surge Capacity Force. 

4 (g) IMMEDIATE IMPLEMENTATION OF SURGE CAPACITY FORCE INVOLV5 ING FEDERAL EMPLOYEES.—The Administrator shall develop and imple6 ment— 

7 (1) the procedures under subsection (b); and 

8 (2) other elements of the plan needed to establish the portion of the 

9 Surge Capacity Force consisting of individuals designated under those 

10 procedures. 

11 § 20302. Evacuation preparedness technical assistance 

12 The Administrator, in coordination with the heads of other appropriate 

13 Federal agencies, shall provide evacuation preparedness technical assistance 

14 to State, local, and tribal governments, including the preparation of hurri15 cane evacuation studies and technical assistance in developing evacuation 

16 plans, assessing storm surge estimates, evacuation zones, evacuation clear17 ance times, transportation capacity, and shelter capacity. 

18 § 20303. Urban Search and Rescue Response System 

19 There is in the Agency the Urban Search and Rescue Response System. 

20 § 20304. Metropolitan Medical Response System Program 

21 (a) IN GENERAL.—There is in the Agency the Metropolitan Medical Re22 sponse System Program. 

23 (b) PURPOSES.—The Metropolitan Medical Response System Program 

24 shall include each purpose of the Program as it existed on June 1, 2006. 

25 § 20305. Logistics 

26 The Administrator shall develop an efficient, transparent, and flexible lo27 gistics system for procurement and delivery of goods and services necessary 

28 for an effective and timely response to natural disasters, acts of terrorism, 

29 and other man-made disasters and for real-time visibility of items at each 

30 point throughout the logistics system. 

31 § 20306. Pre-positioned equipment program 

32 (a) IN GENERAL.—The Administrator shall establish a pre-positioned 

33 equipment program to pre-position standardized emergency equipment in at 

34 least 11 locations to sustain and replenish critical assets used by State, 

35 local, and tribal governments in response to (or rendered inoperable by the 

36 effects of) natural disasters, acts of terrorism, and other man-made disas37 ters. 

38 (b) NOTICE.—Not later than 60 days before the date of closure, the Ad39 ministrator shall notify State, local, and tribal officials in an area in which 

40 a location for the pre-positioned equipment program will be closed. 


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1 § 20307. Basic life supporting first aid and education 

2 The Administrator shall enter into agreements with organizations to pro3 vide funds to emergency response providers to provide education and train4 ing in life supporting first aid to children. 

5 § 20308. Improvements to information technology systems 

6 The Administrator, in coordination with the Chief Information Officer of 

7 the Department, shall take appropriate measures to update and improve the 

8 information technology systems of the Agency, including measures to— 

9 (1) ensure that the multiple information technology systems of the 

10 Agency (including the National Emergency Management Information 

11 System, the Logistics Information Management System III, and the 

12 Automated Deployment Database) are, to the extent practicable, fully 

13 compatible and can share and access information, as appropriate, from 

14 each other; 

15 (2) ensure technology enhancements reach the headquarters and re16 gional offices of the Agency in a timely fashion, to allow seamless inte17 gration; 

18 (3) develop and maintain a testing environment that ensures that all 

19 system components are properly and thoroughly tested before their re20 lease; 

21 (4) ensure that the information technology systems of the Agency 

22 have the capacity to track disaster response personnel, mission assign23 ment task orders, commodities, and supplies used in response to a nat24 ural disaster, act of terrorism, or other man-made disaster; 

25 (5) make appropriate improvements to the National Emergency 

26 Management Information System to address shortcomings in the sys27 tem on October 4, 2006; and 

28 (6) provide training, manuals, and guidance on information tech29 nology systems to personnel, including disaster response personnel, to 

30 help ensure employees can properly use information technology sys31 tems. 

32 § 20309. Disclosure of certain information to law enforce33 ment agencies 

34 If circumstances require an evacuation, sheltering, or mass relocation, the 

35 Administrator may disclose information in any individual assistance data36 base of the Agency under section 552a(b) of title 5 to any law enforcement 

37 agency of the Federal Government or a State, local, or tribal government 

38 in order to identify illegal conduct or address public safety or security 

39 issues, including compliance with sex offender notification laws. 


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1 Chapter 205—Comprehensive 

2 Preparedness System 

Subchapter I—National Preparedness System 

Sec. 

20501. Definitions. 

20502. Development of national preparedness goal and national preparedness system. 

20503. National preparedness goal. 

20504. National preparedness system. 

20505. National planning scenarios. 

20506. Target capabilities and preparedness priorities. 

20507. Equipment and training standards. 

20508. Training and exercises. 

20509. Comprehensive assessment system. 

20510. Remedial action management program. 

20511. Federal response capability inventory. 

20512. Reporting requirements. 

20513. Federal preparedness. 

20514. Use of existing resources. 

Subchapter II—Additional Preparedness 

20521. Emergency Management Assistance Compact grants. 

20522. Emergency Management Performance Grants Program. 

20523. Training for emergency response providers from Federal Government, foreign governments, or private entities. 

20524. National exercise simulation center. 

20525. Real property transactions. 

Subchapter III—Miscellaneous Authorities 

20531. National Disaster Recovery Strategy. 

20532. National Disaster Housing Strategy. 

20533. Individuals with disabilities guidelines. 

20534. Reunification. 

20535. National Emergency Family Registry and Locator System. 

3 Subchapter I—National Preparedness 

4 System 

5 § 20501. Definitions 

6 In this chapter: 

7 (1) CAPABILITY.—The term ‘‘capability’’ means the ability to provide 

8 the means to accomplish one or more tasks under specific conditions 

9 and to meet specific performance standards. A capability may be 

10 achieved with any combination of properly planned, organized, 

11 equipped, trained, and exercised personnel that achieves the intended 

12 outcome. 

13 (2) CREDENTIALED; CREDENTIALING.—The terms ‘‘credentialed’’ 

14 and ‘‘credentialing’’ have the meanings given the terms in section 

15 11101 of this title. 

16 (3) HAZARD.—The term ‘‘hazard’’ has the meaning given the term 

17 under section 602(a) of the Robert T. Stafford Disaster Relief and As18 sistance Act (42 U.S.C. 5195a(a)). 

19 (4) MISSION ASSIGNMENT.—The term ‘‘mission assignment’’ means 

20 a work order issued to a Federal agency by the Agency, directing com21 pletion by that agency of a specified task and setting forth funding, 

22 other managerial controls, and guidance. 


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1 (5) NATIONAL PREPAREDNESS GOAL.—The term ‘‘national prepared2 ness goal’’ means the national preparedness goal established under sec3 tion 20503 of this title. 

4 (6) NATIONAL PREPAREDNESS SYSTEM.—The term ‘‘national pre5 paredness system’’ means the national preparedness system established 

6 under section 20504 of this title. 

7 (7) NATIONAL TRAINING PROGRAM.—The term ‘‘national training 

8 program’’ means the national training program established under sec9 tion 20508(a) of this title. 

10 (8) OPERATIONAL READINESS.—The term ‘‘operational readiness’’ 

11 means the capability of an organization, an asset, a system, or equip12 ment to perform the missions or functions for which it is organized or 

13 designed. 

14 (9) PERFORMANCE MEASURE.—The term ‘‘performance measure’’ 

15 means a quantitative or qualitative characteristic used to gauge the re16 sults of an outcome compared to its intended purpose. 

17 (10) PERFORMANCE METRIC.—The term ‘‘performance metric’’ 

18 means a particular value or characteristic used to measure the outcome 

19 that is generally expressed in terms of a baseline and a target. 

20 (11) PREVENTION.—The term ‘‘prevention’’ means any activity un21 dertaken to avoid, prevent, or stop a threatened or actual act of ter22 rorism. 

23 (12) RESOURCES.—The term ‘‘resources’’ has the meaning given the 

24 term in section 11101 of this title. 

25 (13) TYPE.—The term ‘‘type’’ means a classification of resources 

26 that refers to the capability of a resource. 

27 (14) TYPED; TYPING.—The terms ‘‘typed’’ and ‘‘typing’’ have the 

28 meanings given the terms in section 11101 of this title. 

29 § 20502. Development of national preparedness goal and na30 tional preparedness system 

31 To prepare the Nation for all hazards, including natural disasters, acts 

32 of terrorism, and other man-made disasters, the President, consistent with 

33 the declaration of policy under section 601 of the Robert T. Stafford Dis34 aster Relief and Emergency Assistance Act (42 U.S.C. 5195) and chapter 

35 111 of this title, shall develop a national preparedness goal and a national 

36 preparedness system. 

37 § 20503. National preparedness goal 

38 (a) ESTABLISHMENT.—The President, acting through the Administrator, 

39 shall complete, revise, and update, as necessary, a national preparedness 

40 goal that defines the target level of preparedness to ensure the Nation’s 


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1 ability to prevent, respond to, recover from, and mitigate against natural 

2 disasters, acts of terrorism, and other man-made disasters. 

3 (b) CONSISTENT WITH NATIONAL INCIDENT MANAGEMENT SYSTEM AND

4 NATIONAL RESPONSE PLAN.—The national preparedness goal, to the great5 est extent practicable, shall be consistent with the National Incident Man6 agement System and the National Response Plan. 

7 § 20504. National preparedness system 

8 (a) ESTABLISHMENT.—The President, acting through the Administrator, 

9 shall develop a national preparedness system to enable the Nation to meet 

10 the national preparedness goal. 

11 (b) COMPONENTS.—The national preparedness system shall include the 

12 following components: 

13 (1) Target capabilities and preparedness priorities. 

14 (2) Equipment and training standards. 

15 (3) Training and exercises. 

16 (4) Comprehensive assessment system. 

17 (5) Remedial action management program. 

18 (6) Federal response capability inventory. 

19 (7) Reporting requirements. 

20 (8) Federal preparedness. 

21 (c) NATIONAL PLANNING SCENARIOS.—The national preparedness system 

22 may include national planning scenarios. 

23 § 20505. National planning scenarios 

24 (a) IN GENERAL.—The Administrator, in coordination with the heads of 

25 appropriate Federal agencies and the National Advisory Council, may de26 velop planning scenarios to reflect the relative risk requirements presented 

27 by all hazards, including natural disasters, acts of terrorism, and other 

28 man-made disasters, to provide the foundation for the flexible and adaptive 

29 development of target capabilities and the identification of target capability 

30 levels to meet the national preparedness goal. 

31 (b) DEVELOPMENT.—In developing, revising, and replacing national plan32 ning scenarios, the Administrator shall ensure that the scenarios— 

33 (1) reflect the relative risk of all hazards and illustrate the potential 

34 scope, magnitude, and complexity of a broad range of representative 

35 hazards; and 

36 (2) provide the minimum number of representative scenarios nec37 essary to identify and define the tasks and target capabilities required 

38 to respond to all hazards. 

39 § 20506. Target capabilities and preparedness priorities 

40 (a) ESTABLISHMENT OF GUIDELINES ON TARGET CAPABILITIES.—The 

41 Administrator, in coordination with the heads of appropriate Federal agenVerDate Sep 11 2014 18:05 Jun 12, 2018 Jkt 079200 PO 00000 Frm 00441 Fmt 6652 Sfmt 6221 E:\BILLS\H6063.IH H6063

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1 cies, the National Council on Disability, and the National Advisory Council, 

2 shall complete, revise, and update, as necessary, guidelines to define risk3 based target capabilities for Federal, State, local, and tribal government 

4 preparedness that will enable the Nation to prevent, respond to, recover 

5 from, and mitigate against all hazards, including natural disasters, acts of 

6 terrorism, and other man-made disasters. 

7 (b) DISTRIBUTION OF GUIDELINES.—The Administrator shall ensure that 

8 the guidelines are provided promptly to the appropriate committees of Con9 gress and the States. 

10 (c) OBJECTIVES.—The Administrator shall ensure that the guidelines are 

11 specific, flexible, and measurable. 

12 (d) TERRORISM RISK ASSESSMENT.—With respect to analyzing and as13 sessing the risk of acts of terrorism, the Administrator shall consider— 

14 (1) the variables of threat, vulnerability, and consequences related to 

15 population (including transient commuting and tourist populations), 

16 areas of high population density, critical infrastructure, coastline, and 

17 international borders; and 

18 (2) the most current risk assessment available from the Chief Intel19 ligence Officer of the Department of the threats of terrorism against 

20 the United States. 

21 (e) PREPAREDNESS PRIORITIES.—In establishing the guidelines under 

22 subsection (a), the Administrator shall establish preparedness priorities that 

23 appropriately balance the risk of all hazards, including natural disasters, 

24 acts of terrorism, and other man-made disasters, with the resources re25 quired to prevent, respond to, recover from, and mitigate against the haz26 ards. 

27 (f) MUTUAL AID AGREEMENTS.—The Administrator may provide support 

28 for the development of mutual aid agreements in States. 

29 § 20507. Equipment and training standards 

30 (a) EQUIPMENT STANDARDS.— 

31 (1) IN GENERAL.—The Administrator, in coordination with the 

32 heads of appropriate Federal agencies and the National Advisory Coun33 cil, shall support the development, promulgation, and updating, as nec34 essary, of national voluntary consensus standards for the performance, 

35 use, and validation of equipment used by Federal, State, local, and 

36 tribal governments and nongovernmental emergency response providers. 

37 (2) REQUIREMENTS.—The national voluntary consensus standards 

38 shall— 

39 (A) be designed to achieve equipment and other capabilities con40 sistent with the national preparedness goal, including the safety 

41 and health of emergency response providers; 


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1 (B) to the maximum extent practicable, be consistent with exist2 ing national voluntary consensus standards; 

3 (C) take into account, as appropriate, threats that may not have 

4 been contemplated when the existing standards were developed; 

5 and 

6 (D) focus on maximizing operability, interoperability, inter7 changeability, durability, flexibility, efficiency, efficacy, portability, 

8 sustainability, and safety. 

9 (b) TRAINING STANDARDS.—The Administrator shall— 

10 (1) support the development, promulgation, and regular updating, as 

11 necessary, of national voluntary consensus standards for training; and 

12 (2) ensure that the training provided under the national training 

13 program is consistent with the standards. 

14 (c) CONSULTATION WITH STANDARDS ORGANIZATIONS.—In carrying out 

15 this section, the Administrator shall consult with representatives of relevant 

16 public- and private-sector national voluntary consensus standards develop17 ment organizations. 

18 § 20508. Training and exercises 

19 (a) NATIONAL TRAINING PROGRAM.— 

20 (1) IN GENERAL.—The Administrator, in coordination with the 

21 heads of appropriate Federal agencies, the National Council on Dis22 ability, and the National Advisory Council, shall carry out a national 

23 training program to implement the national preparedness goal, Na24 tional Incident Management System, National Response Plan, and 

25 other related plans and strategies. 

26 (2) TRAINING PARTNERS.—In developing and implementing the na27 tional training program, the Administrator shall— 

28 (A) work with government training facilities, academic institu29 tions, private organizations, and other entities that provide special30 ized, state-of-the-art training for emergency managers or emer31 gency response providers; and 

32 (B) utilize, as appropriate, training courses provided by commu33 nity colleges, State and local public safety academies, State and 

34 private universities, and other facilities. 

35 (b) NATIONAL EXERCISE PROGRAM.— 

36 (1) IN GENERAL.—The Administrator, in coordination with the 

37 heads of appropriate Federal agencies, the National Council on Dis38 ability, and the National Advisory Council, shall carry out a national 

39 exercise program to test and evaluate the national preparedness goal, 

40 National Incident Management System, National Response Plan, and 

41 other related plans and strategies. 


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1 (2) REQUIREMENTS.—The national exercise program— 

2 (A) shall be— 

3 (i) as realistic as practicable, based on current risk assess4 ments, including credible threats, vulnerabilities, and con5 sequences, and designed to stress the national preparedness 

6 system; 

7 (ii) designed, as practicable, to simulate the partial or com8 plete incapacitation of a State, local, or tribal government; 

9 (iii) carried out, as appropriate, with a minimum degree of 

10 notice to involved parties regarding the timing and details of 

11 the exercises, consistent with safety considerations; 

12 (iv) designed to provide for the systematic evaluation of 

13 readiness and enhance operational understanding of the inci14 dent command system and relevant mutual aid agreements; 

15 (v) designed to address the unique requirements of popu16 lations with special needs, including the elderly; and 

17 (vi) designed to promptly develop after-action reports and 

18 plans for quickly incorporating lessons learned into future op19 erations; and 

20 (B) shall include a selection of model exercises that State, local, 

21 and tribal governments can readily adapt for use and provide as22 sistance to State, local, and tribal governments with the design, 

23 implementation, and evaluation of exercises (whether a model exer24 cise program or an exercise designed locally) that— 

25 (i) conform to the requirements under subparagraph (A); 

26 (ii) are consistent with any applicable State, local, or tribal 

27 strategy or plan; and 

28 (iii) provide for systematic evaluation of readiness. 

29 (3) NATIONAL LEVEL EXERCISES.—Periodically but not less than bi30 ennially, the Administrator shall perform national exercises to test and 

31 evaluate the following: 

32 (A) The capability of Federal, State, local, and tribal govern33 ments to detect, disrupt, and prevent threatened or actual cata34 strophic acts of terrorism, especially those involving weapons of 

35 mass destruction. 

36 (B) The readiness of Federal, State, local, and tribal govern37 ments to respond and recover in a coordinated and unified manner 

38 to catastrophic incidents. 

39 § 20509. Comprehensive assessment system 

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1 lish a comprehensive system to assess, on an ongoing basis, the Nation’s 

2 prevention capabilities and overall preparedness, including operational readi3 ness. 

4 (b) PERFORMANCE METRICS AND MEASURES.—The Administrator shall 

5 ensure that each component of the national preparedness system, National 

6 Incident Management System, National Response Plan, and other related 

7 plans and strategies, and the reports required under section 20512 of this 

8 title is developed, revised, and updated with clear and quantifiable perform9 ance metrics, measures, and outcomes. 

10 (c) CONTENTS.—The assessment system established under subsection (a) 

11 shall assess— 

12 (1) compliance with the national preparedness system, National Inci13 dent Management System, National Response Plan, and other related 

14 plans and strategies; 

15 (2) capability levels at the time of assessment against target capa16 bility levels defined pursuant to the guidelines established under section 

17 20506(a) of this title; 

18 (3) resource needs to meet the desired target capability levels defined 

19 pursuant to the guidelines established under section 20506(a); and 

20 (4) performance of training, exercises, and operations. 

21 § 20510. Remedial action management program 

22 The Administrator, in coordination with the National Council on Dis23 ability and the National Advisory Council, shall establish a remedial action 

24 management program to— 

25 (1) analyze training, exercises, and real-world events to identify and 

26 disseminate lessons learned and best practices; 

27 (2) generate and disseminate, as appropriate, after-action reports to 

28 participants in exercises and real-world events; and 

29 (3) conduct remedial action tracking and long-term trend analysis. 

30 § 20511. Federal response capability inventory 

31 (a) IN GENERAL.—Under section 611(h)(1)(C) of the Robert T. Stafford 

32 Disaster Relief and Emergency Assistance Act (42 U.S.C. 5196(h)(1)(C)), 

33 the Administrator shall accelerate the completion of the inventory of Federal 

34 response capabilities. 

35 (b) CONTENTS.—For each Federal agency with responsibilities under the 

36 National Response Plan, the inventory shall include— 

37 (1) for each capability— 

38 (A) the performance parameters of the capability; 

39 (B) the timeframe within which the capability can be brought 

40 to bear on an incident; and 


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1 (C) the readiness of the capability to respond to all hazards, in2 cluding natural disasters, acts of terrorism, and other man-made 

3 disasters; 

4 (2) a list of personnel credentialed under section 11110 of this title; 

5 (3) a list of resources typed under section 11110; and 

6 (4) emergency communications assets maintained by the Federal 

7 Government and, if appropriate, State, local, and tribal governments 

8 and the private sector. 

9 (c) DEPARTMENT OF DEFENSE.—The Administrator, in coordination 

10 with the Secretary of Defense, shall develop a list of organizations and func11 tions within the Department of Defense that may be used, pursuant to the 

12 authority provided under the National Response Plan and sections 402, 

13 403, and 502 of the Robert T. Stafford Disaster Relief and Emergency As14 sistance Act (42 U.S.C. 5170a, 5170b, 5192), to provide support to civil 

15 authorities during natural disasters, acts of terrorism, and other man-made 

16 disasters. 

17 (d) DATABASE.—The Administrator shall establish an inventory database 

18 to allow— 

19 (1) real-time exchange of information regarding— 

20 (A) capabilities; 

21 (B) readiness; 

22 (C) the compatibility of equipment; 

23 (D) credentialed personnel; and 

24 (E) typed resources; 

25 (2) easy identification and rapid deployment of capabilities, 

26 credentialed personnel, and typed resources during an incident; and 

27 (3) the sharing of the inventory described in subsection (a) with 

28 other Federal agencies, as appropriate. 

29 § 20512. Reporting requirements 

30 (a) FEDERAL PREPAREDNESS REPORT.— 

31 (1) IN GENERAL.—The Administrator, in coordination with the 

32 heads of appropriate Federal agencies, shall submit annually to the ap33 propriate committees of Congress a report on the Nation’s level of pre34 paredness for all hazards, including natural disasters, acts of terrorism, 

35 and other man-made disasters. 

36 (2) CONTENTS.—Each report shall include— 

37 (A) an assessment of how Federal assistance supports the na38 tional preparedness system; 

39 (B) the results of the comprehensive assessment carried out 

40 under section 20509 of this title; 


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1 (C) a review of the inventory described in section 20511 of this 

2 title, including the number and type of credentialed personnel in 

3 each category of personnel trained and ready to respond to a nat4 ural disaster, act of terrorism, or other man-made disaster; 

5 (D) an assessment of resource needs to meet preparedness pri6 orities established under section 20506(e) of this title, including— 

7 (i) an estimate of the amount of Federal, State, local, and 

8 tribal expenditures required to attain the preparedness prior9 ities; and 

10 (ii) the extent to which the use of Federal assistance dur11 ing the preceding fiscal year achieved the preparedness prior12 ities; 

13 (E) an evaluation of the extent to which grants administered by 

14 the Department, including grants under chapter 125 of this title— 

15 (i) have contributed to the progress of State, local, and 

16 tribal governments in achieving target capabilities; and 

17 (ii) have led to the reduction of risk from natural disasters, 

18 acts of terrorism, or other man-made disasters nationally and 

19 in State, local, and tribal jurisdictions; and 

20 (F) a discussion of whether the list of credentialed personnel of 

21 the Agency described in section 20511(b)(2) of this title— 

22 (i) complies with the strategic human capital plan devel23 oped under section 10102 of title 5; and 

24 (ii) is sufficient to respond to a natural disaster, act of ter25 rorism, or other man-made disaster, including a catastrophic 

26 incident. 

27 (b) CATASTROPHIC RESOURCE ESTIMATE.— 

28 (1) IN GENERAL.—The Administrator shall develop and submit an29 nually to the appropriate committees of Congress an estimate of the 

30 resources of the Agency and other Federal agencies needed for, and de31 voted specifically to, developing the capabilities of Federal, State, local, 

32 and tribal governments necessary to respond to a catastrophic incident. 

33 (2) CONTENTS.—Each estimate shall include the resources necessary 

34 for and devoted to— 

35 (A) planning; 

36 (B) training and exercises; 

37 (C) Regional Office enhancements; 

38 (D) staffing, including for surge capacity during a catastrophic 

39 incident; 

40 (E) additional logistics capabilities; 


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1 (F) other responsibilities under the catastrophic incident annex 

2 and the catastrophic incident supplement of the National Response 

3 Plan; 

4 (G) State, local, and tribal government catastrophic incident 

5 preparedness; and 

6 (H) increases in the fixed costs or expenses of the Agency, in7 cluding rent or property acquisition costs or expenses, taxes, con8 tributions to the working capital fund of the Department, and se9 curity costs for the year after the year in which the estimate is 

10 submitted. 

11 (c) STATE PREPAREDNESS REPORT.— 

12 (1) IN GENERAL.—A State receiving Federal preparedness assistance 

13 administered by the Department annually shall submit a report to the 

14 Administrator on the State’s level of preparedness. 

15 (2) CONTENTS.—Each report shall include— 

16 (A) an assessment of State compliance with the national pre17 paredness system, National Incident Management System, Na18 tional Response Plan, and other related plans and strategies; 

19 (B) an assessment of current capability levels and a description 

20 of target capability levels; and 

21 (C) a discussion of the extent to which target capabilities identi22 fied in the applicable State homeland security plan and other ap23 plicable plans remain unmet and an assessment of resources need24 ed to meet the preparedness priorities established under section 

25 20506(e) of this title, including— 

26 (i) an estimate of the amount of expenditures required to 

27 attain the preparedness priorities; and 

28 (ii) the extent to which the use of Federal assistance dur29 ing the preceding fiscal year achieved the preparedness prior30 ities. 

31 § 20513. Federal preparedness 

32 (a) AGENCY RESPONSIBILITY.—In support of the national preparedness 

33 system, the President shall ensure that each Federal agency with respon34 sibilities under the National Response Plan— 

35 (1) has the operational capability to meet the national preparedness 

36 goal, including— 

37 (A) the personnel to make and communicate decisions; 

38 (B) organizational structures that are assigned, trained, and ex39 ercised for the missions of the agency; 

40 (C) sufficient physical resources; and 


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1 (D) the command, control, and communication channels to 

2 make, monitor, and communicate decisions; 

3 (2) complies with the National Incident Management System, includ4 ing credentialing of personnel and typing of resources likely needed to 

5 respond to a natural disaster, act of terrorism, or other man-made dis6 aster under section 11110 of this title; 

7 (3) develops, trains, and exercises rosters of response personnel to 

8 be deployed when the agency is called on to support a Federal re9 sponse; 

10 (4) develops deliberate operational plans and the corresponding capa11 bilities, including crisis planning, to respond effectively to natural dis12 asters, acts of terrorism, and other man-made disasters in support of 

13 the National Response Plan to ensure a coordinated Federal response; 

14 and 

15 (5) regularly updates, verifies the accuracy of, and provides to the 

16 Administrator the information in the inventory required under section 

17 20511 of this title. 

18 (b) OPERATIONAL PLANS.—An operations plan developed under sub19 section (a)(4) shall meet the following requirements: 

20 (1) The operations plan shall be coordinated under a unified system 

21 with a common terminology, approach, and framework. 

22 (2) The operations plan shall be developed, in coordination with 

23 State, local, and tribal government officials, to address both regional 

24 and national risks. 

25 (3) The operations plan shall contain, as appropriate, the following 

26 elements: 

27 (A) Concepts of operations. 

28 (B) Critical tasks and responsibilities. 

29 (C) Detailed resource and personnel requirements, together with 

30 sourcing requirements. 

31 (D) Specific provisions for the rapid integration of the resources 

32 and personnel of the agency into the overall response. 

33 (4) The operations plan shall address, as appropriate, the following 

34 matters: 

35 (A) Support of State, local, and tribal governments in con36 ducting mass evacuations, including— 

37 (i) transportation and relocation; 

38 (ii) short- and long-term sheltering and accommodation; 

39 (iii) provisions for populations with special needs, keeping 

40 families together, and expeditious location of missing chil41 dren; and 


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1 (iv) policies and provisions for pets. 

2 (B) The preparedness and deployment of public health and med3 ical resources, including resources to address the needs of evacuees 

4 and populations with special needs. 

5 (C) The coordination of interagency search and rescue oper6 ations, including land, water, and airborne search and rescue oper7 ations. 

8 (D) The roles and responsibilities of the Senior Federal Law 

9 Enforcement Official with respect to other law enforcement enti10 ties. 

11 (E) The protection of critical infrastructure. 

12 (F) The coordination of maritime salvage efforts among relevant 

13 agencies. 

14 (G) The coordination of Department of Defense and National 

15 Guard support of civilian authorities. 

16 (H) To the extent practicable, the utilization of Department of 

17 Defense, National Air and Space Administration, National Oceanic 

18 and Atmospheric Administration, and commercial aircraft and sat19 ellite remotely sensed imagery. 

20 (I) The coordination and integration of support from the private 

21 sector and nongovernmental organizations. 

22 (J) The safe disposal of debris, including hazardous materials, 

23 and, when practicable, the recycling of debris. 

24 (K) The identification of the required surge capacity. 

25 (L) Specific provisions for the recovery of affected geographic 

26 areas. 

27 (c) MISSION ASSIGNMENTS.—To expedite the provision of assistance 

28 under the National Response Plan, the President shall ensure that the Ad29 ministrator, in coordination with Federal agencies with responsibilities 

30 under the National Response Plan, develops pre-scripted mission assign31 ments, including logistics, communications, mass care, health services, and 

32 public safety. 

33 (d) CERTIFICATION.—The President shall certify to the Committee on 

34 Homeland Security and Governmental Affairs of the Senate and the Com35 mittee on Homeland Security and the Committee on Transportation and In36 frastructure of the House of Representatives on an annual basis that each 

37 Federal agency with responsibilities under the National Response Plan com38 plies with subsections (a) and (b). 

39 (e) CONSTRUCTION.—Nothing in this section shall be construed to limit 

40 the authority of the Secretary of Defense with regard to— 


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1 (1) the command, control, training, planning, equipment, exercises, 

2 or employment of Department of Defense forces; or 

3 (2) the allocation of Department of Defense resources. 

4 § 20514. Use of existing resources 

5 In establishing the national preparedness goal and national preparedness 

6 system, the Administrator shall use existing preparedness documents, plan7 ning tools, and guidelines to the extent practicable and consistent with this 

8 subtitle. 

9 Subchapter II—Additional Preparedness 

10 § 20521. Emergency Management Assistance Compact grants 

11 (a) IN GENERAL.—The Administrator may make grants to administer the 

12 Emergency Management Assistance Compact consented to by the Joint Res13 olution entitled ‘‘Joint Resolution granting the consent of Congress to the 

14 Emergency Management Assistance Compact’’ (Public Law 104–321, 110 

15 Stat. 3877). 

16 (b) USES.—A grant under this section shall be used— 

17 (1) to carry out recommendations identified in the Emergency Man18 agement Assistance Compact after-action reports for the 2004 and 

19 2005 hurricane season; 

20 (2) to administer compact operations on behalf of all member States 

21 and territories; 

22 (3) to continue coordination with the Agency and appropriate Fed23 eral agencies; 

24 (4) to continue coordination with State, local, and tribal government 

25 entities and their respective national organizations; and 

26 (5) to assist State and local governments, emergency response pro27 viders, and organizations representing the providers with credentialing 

28 emergency response providers and the typing of emergency response re29 sources. 

30 (c) COORDINATION.—The Administrator shall consult with the Adminis31 trator of the Emergency Management Assistance Compact to ensure effec32 tive coordination of efforts in responding to requests for assistance. 

33 § 20522. Emergency Management Performance Grants Pro34 gram 

35 (a) DEFINITIONS.—In this section: 

36 (1) PROGRAM.—The term ‘‘program’’ means the emergency manage37 ment performance grants program described in subsection (b). 

38 (2) STATE.—The term ‘‘State’’ has the meaning given that term in 

39 section 102 of the Robert T. Stafford Disaster Relief and Emergency 

40 Assistance Act (42 U.S.C. 5122). 


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1 (b) IN GENERAL.—The Administrator shall continue implementation of 

2 an emergency management performance grants program to make grants to 

3 States to assist State, local, and tribal governments in preparing for all haz4 ards, as authorized by the Robert T. Stafford Disaster Relief and Emer5 gency Assistance Act (42 U.S.C. 5121 et seq.). 

6 (c) FEDERAL SHARE.—Except as otherwise specifically provided by title 

7 VI of the Robert T. Stafford Disaster Relief and Emergency Assistance Act 

8 (42 U.S.C. 5195 et seq.), the Federal share of the cost of an activity carried 

9 out using funds made available under the program shall not exceed 50 per10 cent. 

11 (d) APPORTIONMENT.—The Administrator shall apportion the amounts 

12 appropriated each fiscal year to carry out the program among the States 

13 as follows: 

14 (1) The Administrator shall first apportion 0.25 percent of the 

15 amounts to each of American Samoa, the Northern Mariana Islands, 

16 Guam, and the Virgin Islands and 0.75 percent of the amounts to each 

17 of the remaining States. 

18 (2) The Administrator shall apportion the remainder of the amounts 

19 in the ratio that— 

20 (A) the population of each State; bears to 

21 (B) the population of all States. 

22 § 20523. Training for emergency response providers from 

23 Federal Government, foreign governments, or pri24 vate entities 

25 (a) IN GENERAL.—The Center for Domestic Preparedness may provide 

26 training to emergency response providers from the Federal Government, for27 eign governments, or private entities if the Center for Domestic Prepared28 ness is reimbursed for the cost of the training. Any reimbursement under 

29 this subsection shall be credited to the account from which the expenditure 

30 being reimbursed was made and is available, without fiscal year limitation, 

31 for the purposes for which amounts in the account may be expended. 

32 (b) TRAINING NOT TO INTERFERE WITH PRIMARY MISSION.—The head 

33 of the Center for Domestic Preparedness shall ensure that any training pro34 vided under subsection (a) does not interfere with the primary mission of 

35 the Center for Domestic Preparedness to train State and local emergency 

36 response providers. 

37 (c) TRAINING FEDERAL EMERGENCY MANAGEMENT AGENCY EMPLOY38 EES.—Subject to subsection (b), subsection (a) does not prohibit the Center 

39 for Domestic Preparedness from providing training to employees of the 

40 Agency in existing chemical, biological, radiological, nuclear, explosives, 


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1 mass casualty, and medical surge courses pursuant to 5 U.S.C. 4103 with2 out reimbursement for the cost of the training. 

3 § 20524. National exercise simulation center 

4 The President shall establish a national exercise simulation center that— 

5 (1) uses a mix of live, virtual, and constructive simulations to— 

6 (A) prepare elected officials, emergency managers, emergency 

7 response providers, and emergency support providers at all levels 

8 of government to operate cohesively; 

9 (B) provide a learning environment for the homeland security 

10 personnel of all Federal agencies; 

11 (C) assist in the development of operational procedures and ex12 ercises, particularly those based on catastrophic incidents; and 

13 (D) allow incident commanders to exercise decision-making in a 

14 simulated environment; and 

15 (2) uses modeling and simulation for training, exercises, and com16 mand and control functions at the operational level. 

17 § 20525. Real property transactions 

18 (a) APPLICATION.—This section applies only to real property in the 

19 States, the District of Columbia, and Puerto Rico. It does not apply to real 

20 property for river and harbor projects or flood control projects, or to leases 

21 of Government-owned real property for agricultural or grazing purposes. 

22 (b) REPORTS TO ARMED SERVICES COMMITTEES BEFORE TRANSACTION

23 MAY BE ENTERED INTO.— 

24 (1) TRANSACTIONS THAT MAY NOT BE ENTERED INTO BEFORE EXPI25 RATION OF PERIOD AFTER REPORT IS SUBMITTED.—The Director of 

26 the Office of Civil and Defense Mobilization, or the designee of the Di27 rector, may not enter into any of the following listed transactions by 

28 or for the use of the Office until after the expiration of 30 days from 

29 the date on which a report of the facts concerning the proposed trans30 action is submitted to the Committees on Armed Services of the Senate 

31 and House of Representatives: 

32 (A) An acquisition of fee title to any real property, if the esti33 mated price is more than $50,000. 

34 (B) A lease of real property to the United States, if the esti35 mated annual rental is more than $50,000. 

36 (C) A lease of real property owned by the United States, if the 

37 estimated annual rental is more than $50,000. 

38 (D) A transfer of real property owned by the United States to 

39 another Federal agency or to a State, if the estimated value is 

40 more than $50,000. 


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1 (E) A report of excess real property owned by the United States 

2 to a disposal agency, if the estimated value is more than $50,000. 

3 (2) SUMMARY OF GENERAL PLAN REQUIRED FOR CERTAIN TRANS4 ACTIONS.—If a transaction covered by clause (A) or (B) of paragraph 

5 (1) is part of a project, the report must include a summarization of 

6 the general plan for that project, including an estimate of the total cost 

7 of the lands to be acquired or leases to be made. 

8 (c) ANNUAL REPORTS TO ARMED SERVICES COMMITTEES.—The Director 

9 of the Office of Civil and Defense Mobilization shall report annually to the 

10 Committees on Armed Services of the Senate and the House of Representa11 tives on transactions described in subsection (a) that involve an estimated 

12 value of more than $5,000 but not more than $50,000. 

13 (d) STATEMENT OF COMPLIANCE IS CONCLUSIVE.—A statement in an in14 strument of conveyance, including a lease, that the requirements of this sec15 tion have been met, or that the conveyance is not subject to this section, 

16 is conclusive. 

17 Subchapter III—Miscellaneous Authorities 

18 § 20531. National Disaster Recovery Strategy 

19 (a) IN GENERAL.—The Administrator, in coordination with the Secretary 

20 of Housing and Urban Development, the Administrator of the Environ21 mental Protection Agency, the Secretary of Agriculture, the Secretary of 

22 Commerce, the Secretary of the Treasury, the Secretary of Transportation, 

23 the Administrator of the Small Business Administration, the Assistant Sec24 retary for Indian Affairs of the Department of the Interior, and the heads 

25 of other appropriate Federal agencies, State, local, and tribal government 

26 officials (including through the National Advisory Council), and representa27 tives of appropriate nongovernmental organizations, shall develop, coordi28 nate, and maintain a National Disaster Recovery Strategy to serve as a 

29 guide to recovery efforts after major disasters and emergencies. 

30 (b) CONTENTS.—The National Disaster Recovery Strategy shall— 

31 (1) outline the most efficient and cost-effective Federal programs 

32 that will meet the recovery needs of States, local and tribal govern33 ments, and individuals and households affected by a major disaster; 

34 (2) clearly define the role, programs, authorities, and responsibilities 

35 of each Federal agency that may be of assistance in providing assist36 ance in the recovery from a major disaster; 

37 (3) promote the use of the most appropriate and cost-effective build38 ing materials (based on the hazards present in an area) in an area af39 fected by a major disaster, with the goal of encouraging the construc40 tion of disaster-resistant buildings; and 


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1 (4) describe in detail the programs that may be offered by the agen2 cies described in paragraph (2), including— 

3 (A) discussing funding issues; 

4 (B) detailing how responsibilities under the National Disaster 

5 Recovery Strategy will be shared; and 

6 (C) addressing other matters concerning the cooperative effort 

7 to provide recovery assistance. 

8 (c) REPORT.— 

9 (1) IN GENERAL.—The Administrator shall submit to the appro10 priate committees of Congress a report describing in detail the Na11 tional Disaster Recovery Strategy and any additional authorities nec12 essary to implement any portion of the National Disaster Recovery 

13 Strategy. 

14 (2) UPDATE.—The Administrator shall submit to the appropriate 

15 committees of Congress a report updating the report submitted under 

16 paragraph (1)— 

17 (A) on the same date that any change is made to the National 

18 Disaster Recovery Strategy; and 

19 (B) on a periodic basis after the submission of the report under 

20 paragraph (1), but not less than once every 5 years after the date 

21 of the submission. 

22 § 20532. National Disaster Housing Strategy 

23 (a) IN GENERAL.—The Administrator, in coordination with representa24 tives of the Federal agencies, governments, and organizations listed in sub25 section (b)(2) of this section, the National Advisory Council, the National 

26 Council on Disability, and other entities at the Administrator’s discretion, 

27 shall develop, coordinate, and maintain a National Disaster Housing Strat28 egy. 

29 (b) CONTENTS.—The National Disaster Housing Strategy shall— 

30 (1) outline the most efficient and cost-effective Federal programs 

31 that will best meet the short-term and long-term housing needs of indi32 viduals and households affected by a major disaster; 

33 (2) clearly define the role, programs, authorities, and responsibilities 

34 of each entity in providing housing assistance in the event of a major 

35 disaster, including— 

36 (A) the Agency; 

37 (B) the Department of Housing and Urban Development; 

38 (C) the Department of Agriculture; 

39 (D) the Department of Veterans Affairs; 

40 (E) the Department of Health and Human Services; 

41 (F) the Bureau of Indian Affairs; 


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1 (G) any other Federal agency that may provide housing assist2 ance in the event of a major disaster; 

3 (H) the American Red Cross; and 

4 (I) State, local, and tribal governments; 

5 (3) describe in detail the programs that may be offered by the enti6 ties described in paragraph (2), including— 

7 (A) outlining any funding issues; 

8 (B) detailing how responsibilities under the National Disaster 

9 Housing Strategy will be shared; and 

10 (C) addressing other matters concerning the cooperative effort 

11 to provide housing assistance during a major disaster; 

12 (4) consider methods through which housing assistance can be pro13 vided to individuals and households where employment and other re14 sources for living are available; 

15 (5) describe programs directed to meet the needs of special-needs 

16 and low-income populations and ensure that a sufficient number of 

17 housing units are provided for individuals with disabilities; 

18 (6) describe plans for the operation of clusters of housing provided 

19 to individuals and households, including access to public services, site 

20 management, security, and site density; 

21 (7) describe plans for promoting the repair or rehabilitation of exist22 ing rental housing, including through lease agreements or other means, 

23 in order to improve the provision of housing to individuals and house24 holds under section 408 of the Robert T. Stafford Disaster Relief and 

25 Emergency Assistance Act (42 U.S.C. 5174); and 

26 (8) describe any additional authorities necessary to carry out any 

27 portion of the strategy. 

28 (c) GUIDANCE.—The Administrator should develop and make publicly 

29 available guidance on— 

30 (1) types of housing assistance available under the Robert T. Staf31 ford Disaster Relief and Emergency Assistance Act (42 U.S.C. 5121 

32 et seq.) to individuals and households affected by an emergency or 

33 major disaster; 

34 (2) eligibility for assistance (including, where appropriate, the con35 tinuation of assistance); and 

36 (3) application procedures for assistance. 

37 (d) REPORT.— 

38 (1) IN GENERAL.—The Administrator shall submit to the appro39 priate committees of Congress a report describing in detail the Na40 tional Disaster Housing Strategy, including programs directed to meet41 ing the needs of populations with special needs. 


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1 (2) UPDATE.—The Administrator shall submit to the appropriate 

2 committees of Congress a report updating the report submitted under 

3 paragraph (1)— 

4 (A) on the same date that any change is made to the National 

5 Disaster Housing Strategy; and 

6 (B) on a periodic basis after the submission of the report under 

7 paragraph (1), but not less than once every 5 years after the date 

8 of the submission. 

9 § 20533. Individuals with disabilities guidelines 

10 The Administrator, in coordination with the National Advisory Council, 

11 the National Council on Disability, the Interagency Coordinating Council on 

12 Emergency Preparedness and Individuals With Disabilities established 

13 under Executive Order No. 13347 (69 Fed. Reg. 44573), and the Disability 

14 Coordinator (established under section 11113 of this title), shall develop 

15 guidelines to accommodate individuals with disabilities, which shall include 

16 guidelines for— 

17 (1) the accessibility of, and communications and programs in, shel18 ters, recovery centers, and other facilities; and 

19 (2) devices used in connection with disaster operations, including 

20 first aid stations, mass feeding areas, portable payphone stations, port21 able toilets, and temporary housing. 

22 § 20534. Reunification 

23 (a) DEFINITIONS.—In this section: 

24 (1) CHILD LOCATOR CENTER.—The term ‘‘Child Locator Center’’ 

25 means the National Emergency Child Locator Center established under 

26 subsection (b). 

27 (2) DECLARED EVENT.—The term ‘‘declared event’’ means a major 

28 disaster or emergency. 

29 (3) DISPLACED ADULT.—The term ‘‘displaced adult’’ means an indi30 vidual 21 years of age or older who is displaced from the habitual resi31 dence of that individual as a result of a declared event. 

32 (4) DISPLACED CHILD.—The term ‘‘displaced child’’ means an indi33 vidual under 21 years of age who is displaced from the habitual resi34 dence of that individual as a result of a declared event. 

35 (b) NATIONAL EMERGENCY CHILD LOCATOR CENTER.— 

36 (1) IN GENERAL.—The Administrator, in coordination with the At37 torney General of the United States, shall establish in the National 

38 Center for Missing and Exploited Children the National Emergency 

39 Child Locator Center. In establishing the Child Locator Center, the 

40 Secretary shall establish procedures to make all relevant information 

41 available to the Child Locator Center in a timely manner to facilitate 


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1 the expeditious identification and reunification of children with their 

2 families. 

3 (2) PURPOSES.—The purposes of the Child Locator Center are to— 

4 (A) enable individuals to provide to the Child Locator Center 

5 the name of and other identifying information about a displaced 

6 child or a displaced adult who may have information about the lo7 cation of a displaced child; 

8 (B) enable individuals to receive information about other 

9 sources of information about displaced children and displaced 

10 adults; and 

11 (C) assist law enforcement in locating displaced children. 

12 (3) RESPONSIBILITIES AND DUTIES.—The responsibilities and duties 

13 of the Child Locator Center are to— 

14 (A) establish a toll-free telephone number to receive reports of 

15 displaced children and information about displaced adults that 

16 may assist in locating displaced children; 

17 (B) create a website to provide information about displaced chil18 dren; 

19 (C) deploy its staff to the location of a declared event to gather 

20 information about displaced children; 

21 (D) assist in the reunification of displaced children with their 

22 families; 

23 (E) provide information to the public about additional resources 

24 for disaster assistance; 

25 (F) work in partnership with Federal, State, and local law en26 forcement agencies; 

27 (G) provide technical assistance in locating displaced children; 

28 (H) share information on displaced children and displaced 

29 adults with governmental agencies and nongovernmental organiza30 tions providing disaster assistance; 

31 (I) use its resources to gather information about displaced chil32 dren; 

33 (J) refer reports of displaced adults to— 

34 (i) an entity designated by the Attorney General to provide 

35 technical assistance in locating displaced adults; and 

36 (ii) the National Emergency Family Registry and Locator 

37 System established under section 20535(b) of this title; 

38 (K) enter into cooperative agreements with Federal and State agen39 cies and other organizations such as the American Red Cross as nec40 essary to implement the mission of the Child Locator Center; and 


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1 (L) develop an emergency response plan to prepare for the activation 

2 of the Child Locator Center. 

3 § 20535. National Emergency Family Registry and Locator 

4 System 

5 (a) DEFINITION OF DISPLACED INDIVIDUAL.—In this section, the term 

6 ‘‘displaced individual’’ means an individual displaced by an emergency or 

7 major disaster. 

8 (b) ESTABLISHMENT.—The Administrator shall establish a National 

9 Emergency Family Registry and Locator System to help reunify families 

10 separated after an emergency or major disaster. 

11 (c) OPERATION.—The National Emergency Family Registry and Locator 

12 System shall— 

13 (1) allow a displaced adult (including a medical patient) to volun14 tarily register (and allow an adult that is the parent or guardian of 

15 a displaced child to register the child), by submitting personal informa16 tion to be entered into a database (such as the name, current location 

17 of residence, and any other relevant information that could be used by 

18 others seeking to locate that individual); 

19 (2) ensure that information submitted under paragraph (1) is acces20 sible to those individuals named by a displaced individual and to law 

21 enforcement officials; 

22 (3) be accessible through the Internet and through a toll-free num23 ber, to receive reports of displaced individuals; and 

24 (4) include a means of referring displaced children to the National 

25 Emergency Child Locator Center established under section 20534(b) of 

26 this title. 

27 (d) INFORMING THE PUBLIC.—The Administrator shall establish a mech28 anism to inform the public about the National Emergency Family Registry 

29 and Locator System and its potential to assist in reunifying displaced indi30 viduals with their families. 

31 (e) COORDINATION.—The Administrator shall enter into a memorandum 

32 of understanding with the Department of Justice, the National Center for 

33 Missing and Exploited Children, the Department of Health and Human 

34 Services, and the American Red Cross and other relevant private organiza35 tions that will enhance the sharing of information to facilitate reunifying 

36 displaced individuals (including medical patients) with their families. 

37 Chapter 207—Prevention of Fraud, Waste, 

38 and Abuse 

Sec. 

20701. Advance contracting. 

20702. Limitations on tiering of subcontractors. 

20703. Oversight and accountability of Federal disaster expenditures. 

20704. Limitation on length of certain noncompetitive contracts. 


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20705. Fraud, waste, and abuse controls. 

20706. Registry of disaster response contractors. 

20707. Fraud prevention training program. 

1 § 20701. Advance contracting 

2 (a) ENTERING INTO CONTRACTS.— 

3 (1) IN GENERAL.—The Administrator shall enter into 1 or more con4 tracts for recurring disaster response requirements, including specific 

5 goods and services, for which the Agency is capable of contracting in 

6 advance of a natural disaster or act of terrorism or other man-made 

7 disaster in a cost-effective manner, using a contracting strategy that 

8 maximizes the use of advance contracts to the extent practical and 

9 cost-effective. A previously awarded contract for goods or services may 

10 be maintained in fulfilling this requirement. 

11 (2) CONSIDERED FACTORS.—Before entering into any contract under 

12 this subsection, the Administrator shall consider section 307 of the 

13 Robert T. Stafford Disaster Relief and Emergency Assistance Act (42 

14 U.S.C. 5150). 

15 (3) PRE-NEGOTIATED FEDERAL CONTRACTS FOR GOODS AND SERV16 ICES.—The Administrator, in coordination with State and local govern17 ments and other Federal agencies, shall establish a process to ensure 

18 that Federal pre-negotiated contracts for goods and services are coordi19 nated with State and local governments, as appropriate. 

20 (4) PRE-NEGOTIATED STATE AND LOCAL CONTRACTS FOR GOODS

21 AND SERVICES.—The Administrator shall encourage State and local 

22 governments to establish pre-negotiated contracts with vendors for 

23 goods and services in advance of natural disasters and acts of terrorism 

24 or other man-made disasters. 

25 (b) MAINTENANCE OF CONTRACTS.—The Administrator is responsible for 

26 maintaining contracts for appropriate levels of goods and services in accord27 ance with a contracting strategy that maximizes the use of advance con28 tracts to the extent practical and cost-effective. 

29 (c) REPORT ON CONTRACTS NOT USING COMPETITIVE PROCEDURES.— 

30 At the end of each fiscal quarter, the Administrator shall submit a report 

31 on each disaster assistance contract entered into by the Agency by other 

32 than competitive procedures to the appropriate committees of Congress. 

33 § 20702. Limitations on tiering of subcontractors 

34 (a) APPLICATION.—This section applies to any cost-reimbursement type 

35 contract or task or delivery order in an amount greater than the simplified 

36 acquisition threshold (as defined by section 134 of title 41) entered into by 

37 the Department to facilitate response to or recovery from a natural disaster 

38 or act of terrorism or other man-made disaster. 


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1 (b) REGULATIONS.—The Administrator shall promulgate regulations ap2 plicable to contracts described in subsection (a) to minimize the excessive 

3 use by contractors of subcontractors or tiers of subcontractors to perform 

4 the principal work of the contract. 

5 (c) SPECIFIC REQUIREMENT.—At a minimum, the regulations promul6 gated under subsection (b) shall preclude a contractor from using sub7 contracts for more than 65 percent of the cost of the contract or the cost 

8 of any individual task or delivery order (not including overhead and profit), 

9 unless the Secretary determines that this requirement is not feasible or 

10 practicable. 

11 § 20703. Oversight and accountability of Federal disaster ex12 penditures 

13 (a) DEFINITION OF OVERSIGHT FUNDS.—In this section, the term ‘‘over14 sight funds’’ means funds referred to in subsection (b) that are designated 

15 for use in performing oversight activities. 

16 (b) AUTHORITY OF ADMINISTRATOR TO DESIGNATE FUNDS FOR OVER17 SIGHT ACTIVITIES.—The Administrator may designate up to 1 percent of 

18 the total amount provided to a Federal agency for a mission assignment as 

19 oversight funds to be used by the recipient agency for performing oversight 

20 of activities carried out under the Agency reimbursable mission assignment 

21 process. The funds are available until expended. 

22 (c) USE OF FUNDS.— 

23 (1) TYPES OF OVERSIGHT ACTIVITIES.—Oversight funds may be 

24 used for the following types of oversight activities related to Agency 

25 mission assignments: 

26 (A) Monitoring, tracking, and auditing expenditures of funds. 

27 (B) Ensuring that sufficient management and internal control 

28 mechanisms are available so that Agency funds are spent appro29 priately and in accordance with all applicable laws and regulations. 

30 (C) Reviewing selected contracts and other activities. 

31 (D) Investigating allegations of fraud involving Agency funds. 

32 (E) Conducting and participating in fraud prevention activities 

33 with other Federal, State, and local government personnel and 

34 contractors. 

35 (2) PLANS AND REPORTS.—Oversight funds may be used to issue the 

36 plans required under subsection (f) and the reports required under sub37 section (g). 

38 (d) RESTRICTION ON USE OF FUNDS.—Oversight funds may not be used 

39 to finance existing agency oversight responsibilities related to direct agency 

40 appropriations used for disaster response, relief, and recovery activities. 

41 (e) METHODS OF OVERSIGHT ACTIVITIES.— 


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1 (1) IN GENERAL.—Oversight activities may be carried out by an 

2 agency under this section either directly or by contract. The activities 

3 may include evaluations and financial and performance audits. 

4 (2) COORDINATION OF OVERSIGHT ACTIVITIES.—To the extent prac5 ticable, evaluations and audits under this section shall be performed by 

6 the inspector general of the agency. 

7 (f) DEVELOPMENT OF OVERSIGHT PLANS.— 

8 (1) IN GENERAL.—If an agency receives oversight funds for a fiscal 

9 year, the head of the agency shall prepare a plan describing the over10 sight activities for disaster response, relief, and recovery anticipated to 

11 be undertaken during the subsequent fiscal year. 

12 (2) SELECTION OF OVERSIGHT ACTIVITIES.—In preparing the plan, 

13 the head of the agency shall select oversight activities based upon a 

14 risk assessment of those areas that present the greatest risk of fraud, 

15 waste, and abuse. 

16 (3) SCHEDULE.—The plan shall include a schedule for conducting 

17 oversight activities, including anticipated dates of completion. 

18 (g) FEDERAL DISASTER ASSISTANCE ACCOUNTABILITY REPORTS.—An 

19 agency receiving oversight funds under this section shall submit annually to 

20 the Administrator and the appropriate committees of Congress a consoli21 dated report regarding the use of the funds, including information summa22 rizing oversight activities and the results achieved. 

23 § 20704. Limitation on length of certain noncompetitive con24 tracts 

25 (a) COVERED CONTRACTS.—This section applies to any contract in an 

26 amount greater than the simplified acquisition threshold (as defined by sec27 tion 134 of title 41) entered into by the Department to facilitate response 

28 to or recovery from a natural disaster, act of terrorism, or other man-made 

29 disaster. 

30 (b) REGULATIONS.—The Secretary shall promulgate regulations applica31 ble to contracts described in subsection (a) to restrict the contract period 

32 of a contract entered into using procedures other than competitive proce33 dures pursuant to the exception provided in section 3304(a)(2) of title 41 

34 to the minimum contract period necessary— 

35 (1) to meet the urgent and compelling requirements of the work to 

36 be performed under the contract; and 

37 (2) to enter into another contract for the required goods or services 

38 through the use of competitive procedures. 

39 (c) SPECIFIC CONTRACT PERIOD.—The regulations promulgated under 

40 subsection (b) shall require the contract period to not exceed 150 days, un41 less the Secretary determines that exceptional circumstances apply. 


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1 § 20705. Fraud, waste, and abuse controls 

2 (a) IN GENERAL.—The Administrator shall ensure that— 

3 (1) all programs in the Agency administering Federal disaster relief 

4 assistance develop and maintain proper internal management controls 

5 to prevent and detect fraud, waste, and abuse; 

6 (2) application databases are used by the Agency to collect informa7 tion on eligible recipients record disbursements; 

8 (3) tracking to prevent and detect fraud, waste, and abuse is de9 signed to highlight and identify ineligible applications; and 

10 (4) the databases used to collect information from applications for 

11 assistance are integrated with disbursements and payment records. 

12 (b) AUDITS AND REVIEWS REQUIRED.—The Administrator shall ensure 

13 that any database or similar application processing system for Federal dis14 aster relief assistance programs administered by the Agency undergoes a re15 view by the Inspector General of the Department to determine the existence 

16 and implementation of internal controls required under this section and sec17 tion 408(i) of the Robert T. Stafford Disaster Relief and Emergency Assist18 ance Act (42 U.S.C. 5174(i)). 

19 § 20706. Registry of disaster response contractors 

20 (a) DEFINITIONS.—In this section, the terms ‘‘small business concern’’, 

21 ‘‘small business concern owned and controlled by service-disabled veterans’’, 

22 ‘‘small business concern owned and controlled by socially and economically 

23 disadvantaged individuals’’, and ‘‘small business concern owned and con24 trolled by women’’ have the meanings given the terms under the Small Busi25 ness Act (15 U.S.C. 631 et seq.). 

26 (b) REGISTRY.— 

27 (1) IN GENERAL.—The Administrator shall establish and maintain 

28 a registry of contractors who are willing to perform debris removal, dis29 tribution of supplies, reconstruction, and other disaster or emergency 

30 relief activities. 

31 (2) CONTENTS.—The registry shall include, for each business con32 cern— 

33 (A) the name of the business concern; 

34 (B) the location of the business concern; 

35 (C) the area served by the business concern; 

36 (D) the type of good or service provided by the business con37 cern; 

38 (E) the bonding level of the business concern; and 

39 (F) whether the business concern is— 

40 (i) a small business concern; 


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1 (ii) a small business concern owned and controlled by so2 cially and economically disadvantaged individuals; 

3 (iii) a small business concern owned and controlled by 

4 women; or 

5 (iv) a small business concern owned and controlled by serv6 ice-disabled veterans. 

7 (3) SOURCE OF INFORMATION.— 

8 (A) SUBMISSION.—Information maintained in the registry shall 

9 be submitted on a voluntary basis and be kept current by the sub10 mitting business concerns. 

11 (B) ATTESTATION.—Each business concern submitting informa12 tion to the registry shall submit— 

13 (i) an attestation that the information is true; and 

14 (ii) documentation supporting the attestation. 

15 (C) VERIFICATION.—The Administrator shall verify that the 

16 documentation submitted by each business concern supports the 

17 information submitted by that business concern. 

18 (4) AVAILABILITY.—The registry shall be made generally available 

19 on the Internet site of the Agency. 

20 (5) CONSULTATION OF REGISTRY AS PART OF ACQUISITION PLAN21 NING.—A Federal agency shall consult the registry as part of the ac22 quisition planning for contracting for debris removal, distribution of 

23 supplies in a disaster, reconstruction, and other disaster or emergency 

24 relief activities. 

25 § 20707. Fraud prevention training program 

26 The Administrator shall develop and implement a program to provide 

27 training on the prevention of waste, fraud, and abuse of Federal disaster 

28 relief assistance relating to the response to or recovery from natural disas29 ters and acts of terrorism or other man-made disasters and ways to identify 

30 potential waste, fraud, and abuse. 

31 Subtitle III— Port Security and 

32 Accountability 

33 Chapter 301—General 

Sec. 

30101. Definitions. 

34 § 30101. Definitions 

35 In this subtitle: 

36 (1) APPROPRIATE CONGRESSIONAL COMMITTEES.—Except as other37 wise provided, the term ‘‘appropriate congressional committees’’ 

38 means— 

39 (A) the Committee on Appropriations of the Senate; 


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1 (B) the Committee on Commerce, Science, and Transportation 

2 of the Senate; 

3 (C) the Committee on Finance of the Senate; 

4 (D) the Committee on Homeland Security and Governmental 

5 Affairs of the Senate; 

6 (E) the Committee on Appropriations of the House of Rep7 resentatives; 

8 (F) the Committee on Homeland Security of the House of Rep9 resentatives; 

10 (G) the Committee on Transportation and Infrastructure of the 

11 House of Representatives; 

12 (H) the Committee on Ways and Means of the House of Rep13 resentatives; and 

14 (I) other congressional committees, as appropriate. 

15 (2) COMMERCIAL OPERATIONS ADVISORY COMMITTEE.—The term 

16 ‘‘Commercial Operations Advisory Committee’’ means the Advisory 

17 Committee established under section 9503(c) of the Omnibus Budget 

18 Reconciliation Act of 1987 (Public Law 100–203, 19 U.S.C. 2071 

19 note) or any successor committee. 

20 (3) COMMERCIAL SEAPORT PERSONNEL.—The term ‘‘commercial 

21 seaport personnel’’ includes any person engaged in an activity relating 

22 to the loading or unloading of cargo or passengers, the movement or 

23 tracking of cargo, the maintenance and repair of intermodal equipment, 

24 the operation of cargo-related equipment (whether or not integral to 

25 the vessel), and the handling of mooring lines on the dock when a ves26 sel is made fast or let go in the United States. 

27 (4) COMMISSIONER.—The term ‘‘Commissioner’’ means the Commis28 sioner responsible for U.S. Customs and Border Protection. 

29 (5) CONTAINER.—The term ‘‘container’’ has the meaning given the 

30 term in the International Convention for Safe Containers, with an31 nexes, done at Geneva, December 2, 1972 (29 UST 3707). 

32 (6) CONTAINER SECURITY DEVICE.—The term ‘‘container security 

33 device’’ means a device, or system— 

34 (A) designed, at a minimum— 

35 (i) to identify positively a container; 

36 (ii) to detect and record unauthorized intrusion into a con37 tainer; and 

38 (iii) to secure a container against tampering throughout 

39 the supply chain; and 

40 (B) that has a low false alarm rate, as determined by the Sec41 retary. 


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1 (7) DEPARTMENT.—The term ‘‘Department’’ means the Department 

2 of Homeland Security. 

3 (8) EXAMINATION.—The term ‘‘examination’’ means an inspection of 

4 cargo to detect the presence of mis-declared, restricted, or prohibited 

5 items that utilizes nonintrusive imaging and detection technology. 

6 (9) INSPECTION.—The term ‘‘inspection’’ means the comprehensive 

7 process used by U.S. Customs and Border Protection— 

8 (A) to assess goods entering the United States to appraise them 

9 for duty purposes, to detect the presence of restricted or prohib10 ited items, and to ensure compliance with all applicable laws; and 

11 (B) that may include screening, conducting an examination, or 

12 conducting a search. 

13 (10) INTERNATIONAL SUPPLY CHAIN.—The term ‘‘international sup14 ply chain’’ means the end-to-end process for shipping goods to or from 

15 the United States beginning at the point of origin (including manufac16 turer, supplier, or vendor) through a point of distribution to the des17 tination. 

18 (11) RADIATION DETECTION EQUIPMENT.—The term ‘‘radiation de19 tection equipment’’ means any technology that is capable of detecting 

20 or identifying nuclear and radiological material or nuclear and radio21 logical explosive devices. 

22 (12) SCAN.—The term ‘‘scan’’ means utilizing nonintrusive imaging 

23 equipment, radiation detection equipment, or both, to capture data, in24 cluding images of a container. 

25 (13) SCREENING.—The term ‘‘screening’’ means a visual or auto26 mated review of information about goods, including manifest or entry 

27 documentation accompanying a shipment being imported into the 

28 United States, to determine the presence of mis-declared, restricted, or 

29 prohibited items and assess the level of threat posed by the affected 

30 cargo. 

31 (14) SEARCH.—The term ‘‘search’’ means an intrusive examination 

32 in which a container is opened and its contents are devanned and vis33 ually inspected for the presence of mis-declared, restricted, or prohib34 ited items. 

35 (15) SECRETARY.—The term ‘‘Secretary’’ means the Secretary of 

36 Homeland Security. 

37 (16) TRANSPORTATION DISRUPTION.—The term ‘‘transportation dis38 ruption’’ means any significant delay, interruption, or stoppage in the 

39 flow of trade caused by a natural disaster, heightened threat level, act 

40 of terrorism, or transportation security incident. 


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1 (17) TRANSPORTATION SECURITY INCIDENT.—The term ‘‘transpor2 tation security incident’’ has the meaning given the term in section 

3 70101(6) of title 46. 

4 Chapter 303—Security of United States 

5 Seaports 

Sec. 

30301. Port Security Exercise Program. 

30302. Facility exercise requirements. 

30303. Domestic radiation detection and imaging. 

30304. Integration of detection equipment and technologies. 

30305. Inspection of car ferries entering from abroad. 

30306. Random searches of containers. 

30307. Threat assessment screening of port truck drivers. 

30308. Center of Excellence for Maritime Domain Awareness. 

6 § 30301. Port Security Exercise Program 

7 (a) IN GENERAL.—The Secretary, acting through the Administrator of 

8 the Federal Emergency Management Agency and in coordination with the 

9 Commandant of the Coast Guard, shall establish a Port Security Exercise 

10 Program (in this section referred to as the ‘‘Exercise Program’’) to test and 

11 evaluate the capabilities of Federal, State, local, and foreign governments, 

12 commercial seaport personnel and management, governmental and non13 governmental emergency response providers, the private sector, or any other 

14 organization or entity, as the Secretary determines to be appropriate, to 

15 prevent, prepare for, mitigate against, respond to, and recover from acts of 

16 terrorism, natural disasters, and other emergencies at facilities required to 

17 submit a plan under section 70103(c) of title 46. 

18 (b) REQUIREMENTS.—The Secretary shall ensure that the Exercise Pro19 gram— 

20 (1) conducts, on a periodic basis, port security exercises at the facili21 ties that are— 

22 (A) scaled and tailored to the needs of each facility; 

23 (B) live, in the case of the most at-risk facilities; 

24 (C) as realistic as practicable and based on current risk assess25 ments, including credible threats, vulnerabilities, and con26 sequences; 

27 (D) consistent with the National Incident Management System, 

28 the National Response Plan, the National Infrastructure Protec29 tion Plan, the National Preparedness Guidance, the National Pre30 paredness Goal, the National Maritime Transportation Security 

31 Plan, and other national initiatives; 

32 (E) evaluated against clear and consistent performance meas33 ures; 

34 (F) assessed to learn best practices, which shall be shared with 

35 appropriate Federal, State, and local officials, commercial seaport 


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1 personnel and management, governmental and nongovernmental 

2 emergency response providers, and the private sector; and 

3 (G) followed by remedial action in response to lessons learned; 

4 and 

5 (2) assists State and local governments and facilities in designing, 

6 implementing, and evaluating exercises that— 

7 (A) conform to the requirements of paragraph (1); and 

8 (B) are consistent with any applicable Area Maritime Transpor9 tation Security Plan and State or Urban Area Homeland Security 

10 Plan. 

11 (c) IMPROVEMENT PLAN.—The Secretary shall establish a port security 

12 exercise improvement plan process to— 

13 (1) identify and analyze each port security exercise for lessons 

14 learned and best practices; 

15 (2) disseminate lessons learned and best practices to participants in 

16 the Exercise Program; 

17 (3) monitor the implementation of lessons learned and best practices 

18 by participants in the Exercise Program; and 

19 (4) conduct remedial action tracking and long-term trend analysis. 

20 § 30302. Facility exercise requirements 

21 The Secretary of the Department in which the Coast Guard is operating 

22 shall require each high-risk facility to conduct live or full-scale exercises de23 scribed in section 105.220(c) of title 33, Code of Federal Regulations, not 

24 less frequently than once every 2 years, in accordance with the facility secu25 rity plan required under section 70103(c) of title 46. 

26 § 30303. Domestic radiation detection and imaging 

27 (a) SCANNING CONTAINERS.—Subject to section 318 of the Tariff Act of 

28 1930 (19 U.S.C. 1318), all containers entering the United States through 

29 the 22 ports through which the greatest volume of containers enter the 

30 United States by vessel shall be scanned for radiation. To the extent prac31 ticable, the Secretary shall deploy next-generation radiation detection tech32 nology. 

33 (b) STRATEGY.—The Secretary shall develop and implement a strategy 

34 for the deployment of radiation detection capabilities that includes— 

35 (1) a risk-based prioritization of ports of entry at which radiation 

36 detection equipment will be deployed; 

37 (2) a proposed timeline of when radiation detection equipment will 

38 be deployed at each port of entry identified under paragraph (1); 

39 (3) the type of equipment to be used at each port of entry identified 

40 under paragraph (1), including the joint deployment and utilization of 

41 radiation detection equipment and nonintrusive imaging equipment; 


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1 (4) standard operating procedures for examining containers with the 

2 equipment, including sensor alarming, networking, and communications 

3 and response protocols; 

4 (5) operator training plans; 

5 (6) an evaluation of the environmental health and safety impacts of 

6 nonintrusive imaging technology and a radiation risk reduction plan, in 

7 consultation with the Nuclear Regulatory Commission, the Occupa8 tional Safety and Health Administration, and the National Institute for 

9 Occupational Safety and Health, that seeks to minimize radiation expo10 sure of workers and the public to levels as low as reasonably achievable; 

11 (7) the policy of the Department for using nonintrusive imaging 

12 equipment in tandem with radiation detection equipment; and 

13 (8) a classified annex that— 

14 (A) details plans for covert testing; and 

15 (B) outlines the risk-based prioritization of ports of entry iden16 tified under paragraph (1). 

17 (c) EXPANSION TO OTHER UNITED STATES PORTS OF ENTRY.— 

18 (1) IN GENERAL.—The Secretary shall expand the strategy devel19 oped under subsection (b), in a manner consistent with the require20 ments of subsection (b), to provide for the deployment of radiation de21 tection capabilities at all other United States ports of entry not covered 

22 by the strategy developed under subsection (b). 

23 (2) RISK ASSESSMENT.—In expanding the strategy under paragraph 

24 (1), the Secretary shall identify and assess the risks to those other 

25 ports of entry in order to determine what equipment and practices will 

26 best mitigate the risks. 

27 (d) STANDARDS.—The Secretary, acting through the Director for Domes28 tic Nuclear Detection and in collaboration with the National Institute of 

29 Standards and Technology, shall publish technical capability standards and 

30 recommended standard operating procedures for the use of nonintrusive im31 aging and radiation detection equipment in the United States. The stand32 ards and procedures— 

33 (1) should take into account relevant standards and procedures uti34 lized by other Federal departments or agencies as well as those devel35 oped by international bodies; and 

36 (2) shall not be designed so as to endorse specific companies or cre37 ate sovereignty conflicts with participating countries. 

38 (e) INTERMODAL RAIL RADIATION DETECTION TEST CENTER.— 

39 (1) ESTABLISHMENT.—In accordance with subsection (b), and to 

40 comply with this section, the Secretary shall establish an Intermodal 


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1 Rail Radiation Detection Test Center (in this subsection referred to as 

2 the ‘‘Test Center’’). 

3 (2) PROJECTS.—The Secretary shall conduct multiple, concurrent 

4 projects at the Test Center to rapidly identify and test concepts specific 

5 to the challenges posed by on-dock rail. 

6 (3) LOCATION.—The Test Center shall be located in a public port 

7 facility at which a majority of the containerized cargo is directly laden 

8 from (or unladen to) on-dock, intermodal rail. 

9 § 30304. Integration of detection equipment and tech10 nologies 

11 The Secretary is responsible for ensuring that domestic chemical, biologi12 cal, radiological, and nuclear detection equipment and technologies are inte13 grated, as appropriate, with other border security systems and detection 

14 technologies. 

15 § 30305. Inspection of car ferries entering from abroad 

16 The Secretary, acting through the Commissioner, in coordination with the 

17 Secretary of State, and in cooperation with ferry operators and appropriate 

18 foreign government officials, shall seek to develop a plan for the inspection 

19 of passengers and vehicles before the passengers board, or the vehicles are 

20 loaded onto, a ferry bound for a United States facility required to submit 

21 a plan under section 70103(c) of title 46. 

22 § 30306. Random searches of containers 

23 The Secretary, acting through the Commissioner, shall develop and imple24 ment a plan, utilizing best practices for empirical scientific research design 

25 and random sampling, to conduct random searches of containers in addition 

26 to any targeted or pre-shipment inspection of the containers required by law 

27 or regulation or conducted under any other program conducted by the Sec28 retary. Nothing in this section shall be construed to mean that implementa29 tion of the random sampling plan precludes additional searches of con30 tainers not inspected pursuant to the plan. 

31 § 30307. Threat assessment screening of port truck drivers 

32 The Secretary shall implement a threat assessment screening, including 

33 name-based checks against terrorist watch lists and immigration status 

34 checks, for all port truck drivers with access to secure areas of a port who 

35 have a commercial driver’s license but do not have a current and valid haz36 ardous materials endorsement issued under part 1572 of title 49, Code of 

37 Federal Regulations, that is the same as the threat assessment screening 

38 required for facility employees and longshoremen by the Commandant of the 

39 Coast Guard under Coast Guard Notice USCG-2006-24189 (71 Fed. Reg. 

40 25066). 


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1 § 30308. Center of Excellence for Maritime Domain Aware2 ness 

3 (a) ESTABLISHMENT.—The Secretary shall establish a university-based 

4 Center for Excellence for Maritime Domain Awareness following the merit5 review processes and procedures that have been established by the Secretary 

6 for selecting university program centers of excellence. 

7 (b) DUTIES.—The Center established under subsection (a) shall— 

8 (1) prioritize its activities based on the ‘‘National Plan To Improve 

9 Maritime Domain Awareness’’ published by the Department in October 

10 2005; 

11 (2) recognize the extensive previous and ongoing work and existing 

12 competence in the field of maritime domain awareness at numerous 

13 academic and research institutions, such as the Naval Postgraduate 

14 School; 

15 (3) leverage existing knowledge and continue development of a broad 

16 base of expertise in academia and industry in maritime domain aware17 ness; and 

18 (4) provide educational, technical, and analytical assistance to Fed19 eral agencies with responsibilities for maritime domain awareness, in20 cluding the Coast Guard, to focus on the need for interoperability, in21 formation sharing, and common information technology standards and 

22 architecture. 

23 Chapter 305—Security of the International 

24 Supply Chain 

Subchapter I—General Provisions 

Sec. 

30501. Strategic plan to enhance the security of the international supply chain. 

30502. Post-incident resumption of trade. 

30503. Automated targeting system. 

30504. Container security standards and procedures. 

30505. Container Security Initiative. 

Subchapter II—Customs–Trade Partnership Against Terrorism 

30511. Establishment. 

30512. Eligible entities. 

30513. Minimum requirements. 

30514. Tier 1 participants. 

30515. Tier 2 participants. 

30516. Tier 3 participants. 

30517. Consequences for lack of compliance. 

30518. Revalidation. 

30519. Noncontainerized cargo. 

30520. Program management. 

Subchapter III—Miscellaneous Provisions 

30531. Screening and scanning of cargo containers. 

30532. International cooperation and coordination. 

30533. Information sharing relating to supply chain security cooperation. 


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1 Subchapter I—General Provisions 

2 § 30501. Strategic plan to enhance the security of the inter3 national supply chain 

4 (a) STRATEGIC PLAN.—The Secretary, in consultation with appropriate 

5 Federal, State, local, and tribal government agencies and private-sector 

6 stakeholders responsible for security matters that affect or relate to the 

7 movement of containers through the international supply chain, shall de8 velop, implement, and update, as appropriate, a strategic plan to enhance 

9 the security of the international supply chain. 

10 (b) REQUIREMENTS.—The strategic plan required under subsection (a) 

11 shall— 

12 (1) describe the roles, responsibilities, and authorities of Federal, 

13 State, local, and tribal government agencies and private-sector stake14 holders that relate to the security of the movement of containers 

15 through the international supply chain; 

16 (2) identify and address gaps and unnecessary overlaps in the roles, 

17 responsibilities, or authorities described in paragraph (1); 

18 (3) identify and make recommendations regarding legislative, regu19 latory, and organizational changes necessary to improve coordination 

20 among the entities or to enhance the security of the international sup21 ply chain; 

22 (4) provide measurable goals, including objectives, mechanisms, and 

23 a schedule, for furthering the security of commercial operations from 

24 point of origin to point of destination; 

25 (5) build on available resources and consider costs and benefits; 

26 (6) provide incentives for additional voluntary measures to enhance 

27 cargo security, as recommended by the Commissioner; 

28 (7) consider the impact of supply chain security requirements on 

29 small- and medium-sized companies; 

30 (8) include a process for sharing intelligence and information with 

31 private-sector stakeholders to assist in their security efforts; 

32 (9) identify a framework for prudent and measured response in the 

33 event of a transportation security incident involving the international 

34 supply chain; 

35 (10) provide protocols for the expeditious resumption of the flow of 

36 trade under section 30502 of this title; 

37 (11) consider the linkages between supply chain security and security 

38 programs in other systems of movement, including travel security and 

39 terrorism finance programs; and 

40 (12) expand on and relate to existing strategies and plans, including 

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1 curity Plan, the National Strategy for Maritime Security, and the 8 

2 supporting plans of the Strategy, as required by Homeland Security 

3 Presidential Directive–13. 

4 (c) CONSULTATION.—In developing protocols under subsection (b)(10), 

5 the Secretary shall consult with Federal, State, local, and private-sector 

6 stakeholders, including the National Maritime Security Advisory Committee 

7 and the Commercial Operations Advisory Committee. 

8 (d) COMMUNICATION.—To the extent practicable, the strategic plan devel9 oped under subsection (a) shall provide for coordination with, and lines of 

10 communication among, appropriate Federal, State, local, and private-sector 

11 stakeholders on law enforcement actions, intermodal rerouting plans, and 

12 other strategic infrastructure issues resulting from a transportation security 

13 incident or transportation disruption. 

14 (e) UTILIZATION OF ADVISORY COMMITTEES.—As part of the consulta15 tions described in subsection (a), the Secretary shall, to the extent prac16 ticable, utilize the Homeland Security Advisory Committee, the National 

17 Maritime Security Advisory Committee, and the Commercial Operations Ad18 visory Committee to review, as necessary, the strategic plan and any subse19 quent updates to the strategic plan. 

20 (f) INTERNATIONAL STANDARDS AND PRACTICES.—In furtherance of the 

21 strategic plan required under subsection (a), the Secretary is encouraged to 

22 consider proposed or established standards and practices of foreign govern23 ments and international organizations, including the International Maritime 

24 Organization, the World Customs Organization, the International Labor Or25 ganization, and the International Organization for Standardization, as ap26 propriate, to establish standards and best practices for the security of con27 tainers moving through the international supply chain. 

28 § 30502. Post-incident resumption of trade 

29 (a) IN GENERAL.—The Secretary shall develop and update, as necessary, 

30 protocols for the resumption of trade under section 30501(b)(10) of this 

31 title in the event of a transportation disruption or a transportation security 

32 incident. The protocols shall include— 

33 (1) the identification of the appropriate initial incident commander, 

34 if the Commandant of the Coast Guard is not the appropriate indi35 vidual, and lead departments, agencies, or offices to execute the proto36 cols; 

37 (2) a plan to redeploy resources and personnel, as necessary, to rees38 tablish the flow of trade; 

39 (3) a plan to provide training for the periodic instruction of per40 sonnel of U.S. Customs and Border Protection, the Coast Guard, and 


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1 the Transportation Security Administration in trade resumption func2 tions and responsibilities; and 

3 (4) appropriate factors for establishing prioritization of vessels and 

4 cargo determined by the President to be critical for response and recov5 ery, including factors relating to public health, national security, and 

6 economic need. 

7 (b) VESSELS.—In determining the prioritization of vessels accessing fa8 cilities (as defined under section 70101 of title 46), the Commandant of the 

9 Coast Guard may, to the extent practicable and consistent with the proto10 cols and plans required under this section to ensure the safe and secure 

11 transit of vessels to ports in the United States after a transportation secu12 rity incident, give priority to a vessel— 

13 (1) that has an approved security plan under section 70103(c) of 

14 title 46, or a valid international ship security certificate, as provided 

15 under part 104 of title 33, Code of Federal Regulations; 

16 (2) that is manned by individuals who are described in section 

17 70105(b)(2)(B) of title 46; and 

18 (3) that is operated by validated participants in the Customs–Trade 

19 Partnership Against Terrorism (in this chapter referred to as ‘‘C– 

20 TPAT’’) program. 

21 (c) CARGO.—In determining the prioritization of the resumption of the 

22 flow of cargo and consistent with the protocols established under this sec23 tion, the Commissioner may give preference to cargo— 

24 (1) entering a port of entry directly from a foreign seaport des25 ignated under the Container Security Initiative; 

26 (2) from the supply chain of a validated C–TPAT participant and 

27 other private-sector entities, as appropriate; or 

28 (3) that has undergone— 

29 (A) a nuclear or radiological detection scan; 

30 (B) an x-ray, density, or other imaging scan; and 

31 (C) a system to positively identify the container at the last port 

32 of departure prior to arrival in the United States, which data has 

33 been evaluated and analyzed by personnel of U.S. Customs and 

34 Border Protection. 

35 (d) COORDINATION.—The Secretary shall ensure that there is appropriate 

36 coordination among the Commandant of the Coast Guard, the Commis37 sioner, and other Federal officials following a maritime disruption or mari38 time transportation security incident in order to provide for the resumption 

39 of trade. 

40 (e) COMMUNICATION.—Consistent with section 30501 of this title, the 

41 Commandant of the Coast Guard, the Commissioner, and other appropriate 


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1 Federal officials shall promptly communicate any revised procedures or in2 structions intended for the private sector following a maritime disruption or 

3 maritime transportation security incident. 

4 § 30503. Automated targeting system 

5 (a) IN GENERAL.—The Secretary, acting through the Commissioner, 

6 shall— 

7 (1) identify and seek the submission of data related to the movement 

8 of a shipment of cargo through the international supply chain; and 

9 (2) analyze the data described in paragraph (1) to identify high-risk 

10 cargo for inspection. 

11 (b) REQUIREMENT.—The Secretary, acting through the Commissioner, 

12 shall require the electronic transmission to the Department of additional 

13 data elements for improved high-risk targeting, including appropriate secu14 rity elements of entry data, as determined by the Secretary, to be provided 

15 as advanced information with respect to cargo destined for importation into 

16 the United States prior to loading of the cargo on vessels at foreign sea17 ports. 

18 (c) CONSIDERATION.—The Secretary, acting through the Commissioner, 

19 shall— 

20 (1) consider the cost, benefit, and feasibility of— 

21 (A) requiring additional non-manifest documentation; 

22 (B) reducing the time period allowed by law for revisions to a 

23 container cargo manifest; 

24 (C) reducing the time period allowed by law for submission of 

25 certain elements of entry data, for vessel or cargo; and 

26 (D) other actions the Secretary considers beneficial for improv27 ing the information relied on for the Automated Targeting System 

28 and any successor targeting system in furthering the security and 

29 integrity of the international supply chain; and 

30 (2) consult with stakeholders, including the Commercial Operations 

31 Advisory Committee, and identify to them the need for the information 

32 referred to in paragraph (1)(D), and the appropriate timing of its sub33 mission. 

34 (d) REGULATIONS.—The Secretary shall promulgate regulations to carry 

35 out this section. In promulgating regulations, the Secretary shall adhere to 

36 the parameters applicable to the development of regulations under section 

37 343(a) of the Trade Act of 2002 (Public Law 107–210, 19 U.S.C. 2071 

38 note), including provisions relating to consultation, technology, analysis, use 

39 of information, confidentiality, and timing requirements. 

40 (e) SYSTEM IMPROVEMENTS.—The Secretary, acting through the Com41 missioner, shall— 


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1 (1) conduct, through an independent panel, a review of the effective2 ness and capabilities of the Automated Targeting System; 

3 (2) consider future iterations of the Automated Targeting System, 

4 which would incorporate smart features, such as more complex algo5 rithms and real-time intelligence, instead of relying solely on rule sets 

6 that are periodically updated; 

7 (3) ensure that the Automated Targeting System has the capability 

8 to electronically compare manifest and other available data for cargo 

9 entered into or bound for the United States to detect any significant 

10 anomalies between the data and facilitate the resolution of the anoma11 lies; 

12 (4) ensure that the Automated Targeting System has the capability 

13 to electronically identify, compile, and compare select data elements for 

14 cargo entered into or bound for the United States following a maritime 

15 transportation security incident, in order to efficiently identify cargo 

16 for increased inspection or expeditious release; and 

17 (5) develop a schedule to address the recommendations of the Comp18 troller General, the Inspector General of the Department of the Treas19 ury, and the Inspector General of the Department with respect to the 

20 operation of the Automated Targeting System. 

21 (f) SECURE TRANSMISSION OF CERTAIN INFORMATION.—All information 

22 required by the Department from supply chain partners shall be transmitted 

23 in a secure fashion, as determined by the Secretary, so as to protect the 

24 information from unauthorized access. 

25 § 30504. Container security standards and procedures 

26 (a) ESTABLISHMENT.— 

27 (1) IN GENERAL.—The Secretary shall initiate a rulemaking pro28 ceeding to establish minimum standards and procedures for securing 

29 containers in transit to the United States. 

30 (2) DEADLINE FOR ENFORCEMENT.— 

31 (A) ENFORCEMENT OF RULE.—Not later than 2 years after the 

32 date on which the standards and procedures are established under 

33 paragraph (1), all containers bound for ports of entry in the 

34 United States shall meet the standards and procedures. 

35 (B) INTERIM REQUIREMENT.—If an interim final rule issued 

36 pursuant to the proceeding described in paragraph (1) was not 

37 issued by April 1, 2008— 

38 (i) all containers in transit to the United States are re39 quired to meet the requirements of International Organization 

40 for Standardization Publicly Available Specification 17712 

41 standard for sealing containers; and 


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1 (ii) the requirements of this subparagraph cease to be ef2 fective on the effective date of the interim final rule issued 

3 under this subsection. 

4 (b) REVIEW AND ENHANCEMENT.—The Secretary shall regularly review 

5 and enhance the standards and procedures established under subsection (a), 

6 as appropriate, based on tests of technologies as they become commercially 

7 available to detect container intrusion and the highest consequence threats, 

8 particularly weapons of mass destruction. 

9 (c) INTERNATIONAL CARGO SECURITY STANDARDS.—The Secretary, in 

10 consultation with the Secretary of State, the Secretary of Energy, and other 

11 Federal Government officials, as appropriate, and with the Commercial Op12 erations Advisory Committee, the Homeland Security Advisory Committee, 

13 and the National Maritime Security Advisory Committee, is encouraged to 

14 promote and establish international standards for the security of containers 

15 moving through the international supply chain with foreign governments 

16 and international organizations, including the International Maritime Orga17 nization, the International Organization for Standardization, the Inter18 national Labor Organization, and the World Customs Organization. 

19 (d) INTERNATIONAL TRADE AND OTHER OBLIGATIONS.—In carrying out 

20 this section, the Secretary shall consult with appropriate Federal depart21 ments and agencies and private-sector stakeholders and ensure that actions 

22 under this section do not violate international trade obligations or other 

23 international obligations of the United States. 

24 § 30505. Container Security Initiative 

25 (a) ESTABLISHMENT.—The Secretary, acting through the Commissioner, 

26 shall establish and implement a program (in this section referred to as the 

27 ‘‘Container Security Initiative’’) to identify and examine or search maritime 

28 containers that pose a security risk before loading the containers in a for29 eign port for shipment to the United States, either directly or through a 

30 foreign port. 

31 (b) ASSESSMENT.—The Secretary, acting through the Commissioner, may 

32 designate foreign seaports to participate in the Container Security Initiative 

33 after the Secretary has assessed the costs, benefits, and other factors associ34 ated with the designation, including— 

35 (1) the level of risk for the potential compromise of containers by 

36 terrorists, or other threats as determined by the Secretary; 

37 (2) the volume of cargo being imported to the United States directly 

38 from, or being trans-shipped through, the foreign seaport; 

39 (3) the results of the Coast Guard assessments conducted under sec40 tion 70108 of title 46; 


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1 (4) the commitment of the government of the country in which the 

2 foreign seaport is located to cooperating with the Department in shar3 ing critical data and risk management information and to maintain 

4 programs to ensure employee integrity; and 

5 (5) the potential for validation of security practices at the foreign 

6 seaport by the Department. 

7 (c) NOTIFICATION.—The Secretary shall notify the appropriate congres8 sional committees of the designation of a foreign port under the Container 

9 Security Initiative or the revocation of a designation before notifying the 

10 public of the designation or revocation. 

11 (d) NEGOTIATIONS.—The Secretary, in cooperation with the Secretary of 

12 State and in consultation with the United States Trade Representative, may 

13 enter into negotiations with the government of each foreign nation in which 

14 a seaport is designated under the Container Security Initiative to ensure full 

15 compliance with the requirements under the Container Security Initiative. 

16 (e) OVERSEAS INSPECTIONS.— 

17 (1) REQUIREMENTS AND PROCEDURES.—The Secretary shall— 

18 (A) establish minimum technical capability criteria and standard 

19 operating procedures for the use of nonintrusive inspection and 

20 nuclear and radiological detection systems in conjunction with the 

21 Container Security Initiative; 

22 (B) require each port designated under the Container Security 

23 Initiative to operate nonintrusive inspection and nuclear and radio24 logical detection systems in accordance with the technical capa25 bility criteria and standard operating procedures established under 

26 subparagraph (A); 

27 (C) continually monitor the technologies, processes, and tech28 niques used to inspect cargo at ports designated under the Con29 tainer Security Initiative to ensure adherence to the criteria and 

30 the use of the procedures; and 

31 (D) consult with the Secretary of Energy in establishing the 

32 minimum technical capability criteria and standard operating pro33 cedures established under subparagraph (A) pertaining to radi34 ation detection technologies to promote consistency in detection 

35 systems at foreign ports designated under the Container Security 

36 Initiative. 

37 (2) CONSTRAINTS.—The criteria and procedures established under 

38 paragraph (1)(A)— 

39 (A) shall be consistent, as practicable, with relevant standards 

40 and procedures utilized by other Federal departments or agencies, 


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1 or developed by international bodies if the United States consents 

2 to the standards and procedures; 

3 (B) shall not apply to activities conducted under the Megaports 

4 Initiative of the Department of Energy; and 

5 (C) shall not be designed to endorse the product or technology 

6 of any specific company or to conflict with the sovereignty of a 

7 country in which a foreign seaport designated under the Container 

8 Security Initiative is located. 

9 (f) SAVINGS PROVISION.—The authority of the Secretary under this sec10 tion shall not affect any authority or duplicate any efforts or responsibilities 

11 of the Federal Government with respect to the deployment of radiation de12 tection equipment outside of the United States. 

13 (g) COORDINATION.—The Secretary shall— 

14 (1) coordinate with the Secretary of Energy, as necessary, to provide 

15 radiation detection equipment required to support the Container Secu16 rity Initiative through the Department of Energy’s Second Line of De17 fense Program and Megaports Initiative; or 

18 (2) work with the private sector or host governments, when possible, 

19 to obtain radiation detection equipment that meets the Department’s 

20 and the Department of Energy’s technical specifications for the equip21 ment. 

22 (h) STAFFING.—The Secretary shall develop a human capital manage23 ment plan to determine adequate staffing levels in the United States and 

24 in foreign seaports including, as appropriate, the remote location of per25 sonnel in countries in which foreign seaports are designated under the Con26 tainer Security Initiative. 

27 (i) ANNUAL DISCUSSIONS.—The Secretary, in coordination with the ap28 propriate Federal officials, shall hold annual discussions with foreign gov29 ernments of countries in which foreign seaports designated under the Con30 tainer Security Initiative are located regarding best practices, technical as31 sistance, training needs, and technological developments that will assist in 

32 ensuring the efficient and secure movement of international cargo. 

33 (j) LESSER RISK PORT.—The Secretary, acting through the Commis34 sioner, may treat cargo loaded in a foreign seaport designated under the 

35 Container Security Initiative as presenting a lesser risk than similar cargo 

36 loaded in a foreign seaport that is not designated under the Container Secu37 rity Initiative, for the purpose of clearing the cargo into the United States. 

38 (k) PROHIBITION.— 

39 (1) IN GENERAL.—The Secretary shall issue a ‘‘do not load’’ order, 

40 using existing authorities, to prevent the onload of any cargo loaded 

41 at a port designated under the Container Security Initiative that has 


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1 been identified as high risk, including by the Automated Targeting Sys2 tem, unless the cargo is determined to no longer be high risk 

3 through— 

4 (A) a scan of the cargo with nonintrusive imaging equipment 

5 and radiation detection equipment; 

6 (B) a search of the cargo; or 

7 (C) additional information received by the Department. 

8 (2) RULE OF CONSTRUCTION.—Nothing in this subsection shall be 

9 construed to interfere with the ability of the Secretary to deny entry 

10 of any cargo into the United States. 

11 (l) COORDINATION OF ASSESSMENTS.— 

12 (1) IN GENERAL.—The Secretary shall, to the extent practicable, 

13 conduct the assessments required by the following provisions of law 

14 concurrently, or develop a process by which the assessments are coordi15 nated between the Coast Guard and U.S. Customs and Border Protec16 tion: 

17 (A) This section. 

18 (B) Section 30513 of this title. 

19 (C) Section 70108 of title 46. 

20 (2) LIMITATION.—Nothing in paragraph (1) shall be construed to af21 fect or diminish the Secretary’s authority or discretion— 

22 (A) to conduct an assessment of a foreign port at any time; 

23 (B) to compel the Secretary to conduct an assessment of a for24 eign port so as to ensure that 2 or more assessments are con25 ducted concurrently; or 

26 (C) to cancel an assessment of a foreign port if the Secretary 

27 is unable to conduct 2 or more assessments concurrently. 

28 (3) MULTIPLE ASSESSMENT REPORT.—The Secretary shall provide 

29 written notice to the Committee on Commerce, Science, and Transpor30 tation of the Senate and the Committees on Transportation and Infra31 structure and Homeland Security of the House of Representatives 

32 whenever the Secretary conducts 2 or more assessments of the same 

33 port within a 3-year period. 

34 Subchapter II—Customs–Trade 

35 Partnership Against Terrorism 

36 § 30511. Establishment 

37 (a) IN GENERAL.—The Secretary, acting through the Commissioner, may 

38 establish a voluntary government-private sector program (to be known as 

39 the ‘‘Customs-Trade Partnership Against Terrorism’’ or ‘‘C–TPAT’’) to 

40 strengthen and improve the overall security of the international supply chain 

41 and United States border security, and to facilitate the movement of secure 


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1 cargo through the international supply chain, by providing benefits to par2 ticipants meeting or exceeding the program requirements. Participants in 

3 C–TPAT shall include Tier 1 participants, Tier 2 participants, and Tier 3 

4 participants. 

5 (b) REVIEW OF MINIMUM SECURITY REQUIREMENTS.—The Secretary, 

6 acting through the Commissioner, shall review the minimum security re7 quirements of C–TPAT at least once every year and update requirements 

8 as necessary. 

9 § 30512. Eligible entities 

10 Importers, customs brokers, forwarders, air, sea, and land carriers, con11 tract logistics providers, and other entities in the international supply chain 

12 and intermodal transportation system are eligible to apply to voluntarily 

13 enter into partnerships with the Department under C–TPAT. 

14 § 30513. Minimum requirements 

15 An applicant seeking to participate in C–TPAT shall— 

16 (1) demonstrate a history of moving cargo in the international sup17 ply chain; 

18 (2) conduct an assessment of its supply chain based upon security 

19 criteria established by the Secretary, acting through the Commissioner, 

20 including— 

21 (A) business partner requirements; 

22 (B) container security; 

23 (C) physical security and access controls; 

24 (D) personnel security; 

25 (E) procedural security; 

26 (F) security training and threat awareness; and 

27 (G) information technology security; 

28 (3) implement and maintain security measures and supply chain se29 curity practices meeting security criteria established by the Commis30 sioner; and 

31 (4) meet all other requirements established by the Commissioner, in 

32 consultation with the Commercial Operations Advisory Committee. 

33 § 30514. Tier 1 participants 

34 (a) BENEFITS.—The Secretary, acting through the Commissioner, shall 

35 offer limited benefits to a Tier 1 participant who has been certified in ac36 cordance with the guidelines referred to in subsection (b). Benefits may in37 clude a reduction in the score assigned pursuant to the Automated Tar38 geting System of not greater than 20 percent of the high-risk threshold es39 tablished by the Secretary. 

40 (b) GUIDELINES.—The Secretary, acting through the Commissioner, shall 

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1 ures and supply chain security practices under this section. The guidelines 

2 shall include a background investigation and extensive documentation re3 view. 

4 (c) TIMEFRAME.—To the extent practicable, the Secretary, acting 

5 through the Commissioner, shall complete the Tier 1 certification process 

6 within 90 days of receipt of an application for participation in C–TPAT. 

7 § 30515. Tier 2 participants 

8 (a) VALIDATION.—The Secretary, acting through the Commissioner, shall 

9 validate the security measures and supply chain security practices of a Tier 

10 1 participant in accordance with the guidelines referred to in subsection (c). 

11 The validation shall include on-site assessments at appropriate foreign loca12 tions utilized by the Tier 1 participant in its supply chain and shall, to the 

13 extent practicable, be completed not later than 1 year after certification as 

14 a Tier 1 participant. 

15 (b) BENEFITS.—The Secretary, acting through the Commissioner, shall 

16 extend benefits to each C–TPAT participant that has been validated as a 

17 Tier 2 participant under this section, which may include— 

18 (1) reduced scores in the Automated Targeting System; 

19 (2) reduced examinations of cargo; and 

20 (3) priority searches of cargo. 

21 (c) GUIDELINES.—The Secretary, acting through the Commissioner, shall 

22 develop a schedule and update the guidelines for validating a participant’s 

23 security measures and supply chain security practices under this section. 

24 § 30516. Tier 3 participants 

25 (a) IN GENERAL.—The Secretary, acting through the Commissioner, shall 

26 establish a third tier of C–TPAT participation that offers additional bene27 fits to participants who demonstrate a sustained commitment to maintain28 ing security measures and supply chain security practices that exceed the 

29 guidelines established for validation as a Tier 2 participant in C–TPAT 

30 under section 30515 of this title. 

31 (b) CRITERIA.—The Secretary, acting through the Commissioner, shall 

32 designate criteria for validating a C–TPAT participant as a Tier 3 partici33 pant under this section. Criteria may include— 

34 (1) compliance with any additional guidelines established by the Sec35 retary that exceed the guidelines established under section 30515 of 

36 this title for validating a C–TPAT participant as a Tier 2 participant, 

37 particularly with respect to controls over access to cargo throughout 

38 the supply chain; 

39 (2) submission of additional information regarding cargo prior to 

40 loading, as determined by the Secretary; 


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1 (3) utilization of container security devices, technologies, policies, or 

2 practices that meet standards and criteria established by the Secretary; 

3 and 

4 (4) compliance with any other cargo requirements established by the 

5 Secretary. 

6 (c) BENEFITS.—The Secretary, acting through the Commissioner, in con7 sultation with the Commercial Operations Advisory Committee and the Na8 tional Maritime Security Advisory Committee, shall extend benefits to each 

9 C–TPAT participant that has been validated as a Tier 3 participant under 

10 this section, which may include— 

11 (1) the expedited release of a Tier 3 participant’s cargo in destina12 tion ports within the United States during all threat levels designated 

13 by the Secretary; 

14 (2) further reduction in examinations of cargo; 

15 (3) priority for examinations of cargo; and 

16 (4) further reduction in the risk score assigned pursuant to the 

17 Automated Targeting System; and 

18 (5) inclusion in joint incident management exercises, as appropriate. 

19 § 30517. Consequences for lack of compliance 

20 (a) IN GENERAL.—If at any time a C–TPAT participant’s security meas21 ures and supply chain security practices fail to meet any of the require22 ments under this subchapter, the Commissioner may deny the participant 

23 benefits otherwise available under this subchapter in whole or in part. The 

24 Commissioner shall develop procedures that provide appropriate protections 

25 to C–TPAT participants before benefits are revoked. The procedures may 

26 not limit the ability of the Commissioner to take actions to protect the na27 tional security of the United States. 

28 (b) FALSE OR MISLEADING INFORMATION.—If a C–TPAT participant 

29 knowingly provides false or misleading information to the Commissioner 

30 during the validation process provided for under this subchapter, the Com31 missioner shall suspend or expel the participant from C–TPAT for an ap32 propriate period of time. The Commissioner, after the completion of the 

33 process under subsection (c), may publish in the Federal Register a list of 

34 participants who have been suspended or expelled from C–TPAT under this 

35 subsection, and may make the list available to C–TPAT participants. 

36 (c) RIGHT OF APPEAL.— 

37 (1) APPEAL OF DENIAL OF BENEFITS.—A C–TPAT participant may 

38 appeal a decision of the Commissioner under subsection (a). The appeal 

39 shall be filed with the Secretary not later than 90 days after the date 

40 of the decision, and the Secretary shall issue a determination not later 

41 than 180 days after the appeal is filed. 


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1 (2) APPEALS OF SUSPENSION OR EXPULSION.—A C–TPAT partici2 pant may appeal a decision of the Commissioner under subsection (b). 

3 The appeal shall be filed with the Secretary not later than 30 days 

4 after the date of the decision, and the Secretary shall issue a deter5 mination not later than 180 days after the appeal is filed. 

6 § 30518. Revalidation 

7 The Secretary, acting through the Commissioner, shall develop and imple8 ment— 

9 (1) a revalidation process for Tier 2 and Tier 3 participants; 

10 (2) a framework based upon objective criteria for identifying partici11 pants for periodic revalidation not less frequently than once during 

12 each 4-year period following the initial validation; and 

13 (3) an annual plan for revalidation that includes— 

14 (A) performance measures; 

15 (B) an assessment of the personnel needed to perform the re16 validations; and 

17 (C) the number of participants that will be revalidated during 

18 the following year. 

19 § 30519. Noncontainerized cargo 

20 The Secretary, acting through the Commissioner, shall consider the po21 tential for participation in C–TPAT by importers of noncontainerized car22 goes that otherwise meet the requirements under this subchapter. 

23 § 30520. Program management 

24 (a) IN GENERAL.—The Secretary, acting through the Commissioner, shall 

25 establish sufficient internal quality controls and record management to sup26 port the management systems of C–TPAT. In managing the program, the 

27 Secretary shall ensure that the program includes the following: 

28 (1) A 5-year plan to identify outcome-based goals and performance 

29 measures of the program. 

30 (2) An annual plan for each fiscal year designed to match available 

31 resources to the projected workload. 

32 (3) A standardized work program to be used by agency personnel to 

33 carry out the certifications, validations, and revalidations of partici34 pants. The Secretary shall keep records and monitor staff hours associ35 ated with the completion of each review. 

36 (b) DOCUMENTATION OF REVIEWS.—The Secretary, acting through the 

37 Commissioner, shall maintain a record management system to document de38 terminations on the reviews of each C–TPAT participant, including certifi39 cations, validations, and revalidations. 

40 (c) CONFIDENTIAL INFORMATION SAFEGUARDS.—In consultation with 

41 the Commercial Operations Advisory Committee, the Secretary, acting 


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1 through the Commissioner, shall develop and implement procedures to en2 sure the protection of confidential data collected, stored, or shared with gov3 ernment agencies or as part of the application, certification, validation, and 

4 revalidation processes. 

5 (d) RESOURCE MANAGEMENT STAFFING PLAN.—The Secretary, acting 

6 through the Commissioner, shall— 

7 (1) develop a staffing plan to recruit and train staff (including a for8 malized training program) to meet the objectives identified in the stra9 tegic plan of the C–TPAT program; and 

10 (2) provide cross-training in post-incident trade resumption for per11 sonnel who administer the C–TPAT program. 

12 (e) REPORT TO CONGRESS.—In connection with the President’s annual 

13 budget submission for the Department, the Secretary shall report to the ap14 propriate congressional committees on the progress made by the Commis15 sioner to certify, validate, and revalidate C–TPAT participants. The report 

16 shall be due on the same date that the President’s budget is submitted to 

17 the Congress. 

18 Subchapter III—Miscellaneous Provisions 

19 § 30531. Screening and scanning of cargo containers 

20 (a) ONE HUNDRED PERCENT SCREENING OF CARGO CONTAINERS AND

21 100 PERCENT SCANNING OF HIGH-RISK CONTAINERS.— 

22 (1) SCREENING OF CARGO CONTAINERS.—The Secretary shall ensure 

23 that 100 percent of the cargo containers originating outside the United 

24 States and unloaded at a United States seaport undergo a screening 

25 to identify high-risk containers 

26 (2) SCANNING OF HIGH-RISK CONTAINERS.—The Secretary shall en27 sure that 100 percent of the containers that have been identified as 

28 high-risk under paragraph (1), or through other means, are scanned 

29 or searched before the containers leave a United States seaport facility. 

30 (b) FULL-SCALE IMPLEMENTATION.— 

31 (1) IN GENERAL.—A container that was loaded on a vessel in a for32 eign port shall not enter the United States (either directly or via a for33 eign port) unless the container was scanned by nonintrusive imaging 

34 equipment and radiation detection equipment at a foreign port before 

35 it was loaded on a vessel. 

36 (2) APPLICATION.—Paragraph (1) shall apply with respect to con37 tainers loaded on a vessel in a foreign country on or after the earlier 

38 of— 

39 (A) July 1, 2012; or 

40 (B) another date established by the Secretary under paragraph 

41 (3). 


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1 (3) ESTABLISHMENT OF EARLIER DEADLINE.—The Secretary shall 

2 establish a date under paragraph (2)(B) pursuant to the lessons 

3 learned through the pilot integrated scanning systems established 

4 under section 231 of the Security and Accountability For Every Port 

5 Act of 2006 (or SAFE Port Act) (Public Law 109–347, 120 Stat. 

6 1915). 

7 (4) EXTENSIONS.—The Secretary may extend the date specified in 

8 subparagraph (A) or (B) of paragraph (2) for 2 years, and may renew 

9 the extension in additional 2-year increments, for containers loaded in 

10 a port or ports, if the Secretary certifies to Congress that at least 2 

11 of the following conditions exist: 

12 (A) Systems to scan containers under paragraph (1) are not 

13 available for purchase and installation. 

14 (B) Systems to scan containers under paragraph (1) do not 

15 have a sufficiently low false alarm rate for use in the supply chain. 

16 (C) Systems to scan containers under paragraph (1) cannot be 

17 purchased, deployed, or operated at ports overseas, including, if 

18 applicable, because a port does not have the physical characteris19 tics to install a system. 

20 (D) Systems to scan containers under paragraph (1) cannot be 

21 integrated, as necessary, with existing systems. 

22 (E) Use of systems that are available to scan containers under 

23 paragraph (1) will significantly impact trade capacity and the flow 

24 of cargo. 

25 (F) Systems to scan containers under paragraph (1) do not ade26 quately provide an automated notification of questionable or high27 risk cargo as a trigger for further inspection by appropriately 

28 trained personnel. 

29 (5) EXEMPTION FOR MILITARY CARGO.—Notwithstanding any other 

30 provision of this section, supplies bought by the Secretary of Defense 

31 and transported in compliance with section 2631 of title 10 and mili32 tary cargo of foreign countries are exempt from the requirements of 

33 this section. 

34 (6) REPORT ON EXTENSIONS.—An extension under paragraph (4) 

35 for a port takes effect on the expiration of the 60-day period beginning 

36 on the date the Secretary provides a report to Congress that— 

37 (A) states what container traffic will be affected by the exten38 sion; 

39 (B) provides supporting evidence to support the Secretary’s cer40 tification of the basis for the extension; and 


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1 (C) explains what measures the Secretary is taking to ensure 

2 that scanning can be implemented as early as possible at the port 

3 or ports that are the subject of the report. 

4 (7) REPORT ON RENEWAL OF EXTENSION.—If an extension under 

5 paragraph (4) takes effect, the Secretary shall, after 1 year, submit a 

6 report to Congress on whether the Secretary expects to seek to renew 

7 the extension. 

8 (8) SCANNING TECHNOLOGY STANDARDS.—In implementing para9 graph (1), the Secretary shall— 

10 (A) establish technological and operational standards for sys11 tems to scan containers; 

12 (B) ensure that the standards are consistent with the global nu13 clear detection architecture developed under the Homeland Secu14 rity Act of 2002 (Public Law 107–296, 116 Stat. 2135); and 

15 (C) coordinate with other Federal agencies that administer 

16 scanning or detection programs at foreign ports. 

17 (9) INTERNATIONAL TRADE AND OTHER OBLIGATIONS.—In carrying 

18 out this subsection, the Secretary shall consult with appropriate Fed19 eral departments and agencies and private-sector stakeholders, and en20 sure that actions under this section do not violate international trade 

21 obligations, and are consistent with the World Customs Organization 

22 framework, or other international obligations of the United States. 

23 (c) REPORT.—Not later than 6 months after the submission of a report 

24 under section 231(d) of the Security and Accountability For Every Port Act 

25 of 2006 (or SAFE Port Act) (Public Law 109–347, 120 Stat. 1916), and 

26 every 6 months thereafter, the Secretary shall submit a report to the appro27 priate congressional committees describing the status of full-scale deploy28 ment under subsection (b) and the cost of deploying the system at each for29 eign port at which the integrated scanning systems are deployed. 

30 § 30532. International cooperation and coordination 

31 (a) INSPECTION TECHNOLOGY AND TRAINING.—The Secretary, in coordi32 nation with the Secretary of State, the Secretary of Energy, and appro33 priate representatives of other Federal agencies, may provide technical as34 sistance, equipment, and training to facilitate the implementation of supply 

35 chain security measures at ports designated under the Container Security 

36 Initiative. 

37 (b) ACQUISITION AND TRAINING.—Unless otherwise prohibited by law, 

38 the Secretary may— 

39 (1) lease, lend, provide, or otherwise assist in the deployment of non40 intrusive inspection and radiation detection equipment at foreign land 

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1 cluding nonreimbursable loans or the transfer of ownership of equip2 ment; and 

3 (2) provide training and technical assistance for domestic or foreign 

4 personnel responsible for operating or maintaining the equipment. 

5 § 30533. Information sharing relating to supply chain secu6 rity cooperation 

7 (a) PURPOSES.—The purposes of this section are— 

8 (1) to establish continuing liaison and to provide for supply chain se9 curity cooperation between the Department and the private sector; and 

10 (2) to provide for regular and timely interchange of information be11 tween the private sector and the Department concerning developments 

12 and security risks in the supply chain environment. 

13 (b) DEVELOPMENT OF SYSTEM.—The Secretary shall develop a system 

14 to collect from, and share appropriate risk information relating to the sup15 ply chain with, the private-sector entities determined appropriate by the 

16 Secretary. 

17 (c) CONSULTATION.—In developing the system under subsection (b), the 

18 Secretary shall consult with the Commercial Operations Advisory Committee 

19 and a broad range of public- and private-sector entities likely to utilize the 

20 system, including importers, exporters, carriers, customs brokers, and 

21 freight forwarders, among other parties. 

22 (d) INDEPENDENTLY OBTAINED INFORMATION.—Nothing in this section 

23 shall be construed to limit or otherwise affect the ability of a Federal, State, 

24 or local government entity, under applicable law, to obtain supply chain se25 curity information, including information lawfully and properly disclosed 

26 generally or broadly to the public, and to use the information in any manner 

27 permitted by law. 

28 (e) AUTHORITY TO ISSUE WARNINGS.—The Secretary may provide 

29 advisories, alerts, and warnings to relevant companies, targeted sectors, 

30 other governmental entities, or the general public regarding potential risks 

31 to the supply chain as appropriate. In issuing a warning, the Secretary shall 

32 take appropriate actions to protect from disclosure— 

33 (1) the source of any voluntarily submitted supply chain security in34 formation that forms the basis for the warning; and 

35 (2) information that is proprietary, business sensitive, relates specifi36 cally to the submitting person or entity, or is otherwise not appro37 priately in the public domain. 

38 Chapter 307—Administration 

Sec. 

30701. Designation of liaison office of Department of State. 

30702. Homeland Security Science and Technology Advisory Committee. 

30703. Research, development, test, and evaluation efforts in furtherance of maritime and 

cargo security. 


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1 § 30701. Designation of liaison office of Department of State 

2 The Secretary of State shall designate a liaison office in the Department 

3 of State to assist the Secretary, as appropriate, in negotiating cargo secu4 rity-related international agreements. 

5 § 30702. Homeland Security Science and Technology Advi6 sory Committee 

7 The Under Secretary for Science and Technology shall utilize the Home8 land Security Science and Technology Advisory Committee, as appropriate, 

9 to provide outside expertise in advancing cargo security technology. 

10 § 30703. Research, development, test, and evaluation efforts 

11 in furtherance of maritime and cargo security 

12 (a) IN GENERAL.—The Secretary shall— 

13 (1) direct research, development, testing, and evaluation efforts in 

14 furtherance of maritime and cargo security; 

15 (2) coordinate with public- and private-sector entities to develop and 

16 test technologies, and process innovations in furtherance of these objec17 tives; and 

18 (3) evaluate the technologies. 

19 (b) COORDINATION.—The Secretary, in coordination with the Under Sec20 retary for Science and Technology, the Assistant Secretary for Policy, the 

21 Commandant of the Coast Guard, the Director for Domestic Nuclear Detec22 tion, the Chief Financial Officer, and the heads of other appropriate offices 

23 or entities of the Department, shall ensure that— 

24 (1) research, development, testing, and evaluation efforts funded by 

25 the Department in furtherance of maritime and cargo security are co26 ordinated within the Department and with other appropriate Federal 

27 agencies to avoid duplication of efforts; and 

28 (2) the results of the efforts are shared throughout the Department 

29 and with other Federal, State, and local agencies, as appropriate. 

30 Subtitle IV—Transportation Security 

31 Chapter 401—General 

Sec. 

40101. Definitions. 

32 § 40101. Definitions 

33 (a) DEPARTMENT.—In chapters 403 through 407 of this title, the term 

34 ‘‘Department’’ means the Department of Homeland Security. 

35 (b) SECRETARY.—In this subtitle, the term ‘‘Secretary’’ means the Sec36 retary of Homeland Security. 

37 Chapter 403—Transportation Security 

38 Planning, Information Sharing, and En39 hancements 

Subchapter I—Security Planning and Information Sharing 


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Sec. 

40301. National Domestic Preparedness Consortium. 

40302. National Transportation Security Center of Excellence. 

40303. Immunity for reports of suspected terrorist activity or suspicious behavior and response. 

Subchapter II—Security Enhancements 

40311. Definitions. 

40312. Authorization of Visible Intermodal Prevention and Response teams. 

40313. Surface transportation security inspectors. 

40314. Surface transportation security technology information sharing. 

40315. Transportation Security Administration personnel limitations. 

40316. National explosives detection canine team training program. 

40317. Roles of the Department and the Department of Transportation. 

1 Subchapter I—Security Planning and 

2 Information Sharing 

3 § 40301. National Domestic Preparedness Consortium 

4 (a) IN GENERAL.—The Secretary may establish, operate, and maintain 

5 a National Domestic Preparedness Consortium in the Department. 

6 (b) MEMBERS.—The National Domestic Preparedness Consortium con7 sists of— 

8 (1) the Center for Domestic Preparedness; 

9 (2) the National Energetic Materials Research and Testing Center, 

10 New Mexico Institute of Mining and Technology; 

11 (3) the National Center for Biomedical Research and Training, Lou12 isiana State University 

13 (4) the National Emergency Response and Rescue Training Center, 

14 Texas A&M University; 

15 (5) the National Exercise, Test, and Training Center, Nevada Test 

16 Site; 

17 (6) the Transportation Technology Center, Incorporated, in Pueblo, 

18 Colorado; and 

19 (7) the National Disaster Preparedness Training Center, University 

20 of Hawaii. 

21 (c) DUTIES.—The National Domestic Preparedness Consortium shall 

22 identify, develop, test, and deliver training to State, local, and tribal emer23 gency response providers, provide on-site and mobile training at the per24 formance and management and planning levels, and facilitate the delivery 

25 of training by the training partners of the Department. 

26 § 40302. National Transportation Security Center of Excel27 lence 

28 (a) ESTABLISHMENT.—The Secretary shall establish a National Trans29 portation Security Center of Excellence to conduct research and education 

30 activities, and to develop or provide professional security training, including 

31 the training of transportation employees and transportation professionals. 


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1 (b) DESIGNATION.—The Secretary shall select one of the institutions 

2 identified in subsection (c) as the lead institution responsible for coordi3 nating the National Transportation Security Center of Excellence. 

4 (c) MEMBER INSTITUTIONS.— 

5 (1) CONSORTIUM.—The institution of higher education selected 

6 under subsection (b) shall execute agreements with the other institu7 tions of higher education identified in this subsection and other institu8 tions designated by the Secretary to develop a consortium to assist in 

9 accomplishing the goals of the Center. 

10 (2) MEMBERS.—The National Transportation Security Center of Ex11 cellence consists of— 

12 (A) Texas Southern University in Houston, Texas; 

13 (B) the National Transit Institute at Rutgers, The State Uni14 versity of New Jersey; 

15 (C) Tougaloo College; 

16 (D) the Connecticut Transportation Institute at the University 

17 of Connecticut; 

18 (E) the Homeland Security Management Institute, Long Island 

19 University; 

20 (F) the Mack-Blackwell National Rural Transportation Study 

21 Center at the University of Arkansas; and 

22 (G) any additional institutions or facilities designated by the 

23 Secretary. 

24 (3) CERTAIN INCLUSIONS.—To the extent practicable, the Secretary 

25 shall ensure that an appropriate number of additional consortium col26 leges or universities designated by the Secretary under this subsection 

27 are Historically Black Colleges and Universities, Hispanic Serving In28 stitutions, and Indian Tribally Controlled Colleges and Universities. 

29 § 40303. Immunity for reports of suspected terrorist activity 

30 or suspicious behavior and response 

31 (a) DEFINITIONS.—In this section: 

32 (1) AUTHORIZED OFFICIAL.—The term ‘‘authorized official’’ 

33 means— 

34 (A) an employee or agent of a passenger transportation system 

35 or other person with responsibilities relating to the security of the 

36 system; 

37 (B) an officer, employee, or agent of the Department, the De38 partment of Transportation, or the Department of Justice with re39 sponsibilities relating to the security of passenger transportation 

40 systems; or 

41 (C) a Federal, State, or local law enforcement officer. 


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1 (2) COVERED ACTIVITY.—The term ‘‘covered activity’’ means a sus2 picious transaction, activity, or occurrence that involves, or is directed 

3 against, a passenger transportation system or vehicle or its passengers 

4 indicating that an individual may be engaging, or preparing to engage, 

5 in a violation of law relating to— 

6 (A) a threat to a passenger transportation system or passenger 

7 safety or security; or 

8 (B) an act of terrorism (as that term is defined in section 3077 

9 of title 18. 

10 (3) PASSENGER TRANSPORTATION.—The term ‘‘passenger transpor11 tation’’ means— 

12 (A) public transportation, as defined in section 5302 of title 49; 

13 (B) transportation by an over-the-road bus, as described in sec14 tion 40701 of this title, and school bus transportation; 

15 (C) intercity rail passenger transportation, as defined in section 

16 24102 of title 49; 

17 (D) the transportation of passengers onboard a passenger ves18 sel, as defined in section 2101 of title 46; 

19 (E) other regularly scheduled waterborne transportation service 

20 of passengers by a vessel of at least 20 gross tons; and 

21 (F) air transportation, as defined in section 40102 of title 49, 

22 of passengers. 

23 (4) PASSENGER TRANSPORTATION SYSTEM.—The term ‘‘passenger 

24 transportation system’’ means an entity or entities organized to provide 

25 passenger transportation using vehicles, including the infrastructure 

26 used to provide the transportation. 

27 (5) VEHICLE.—The term ‘‘vehicle’’ has the meaning given the term 

28 in section 1992(d)(16) of title 18. 

29 (b) IMMUNITY FOR REPORTS OF SUSPECTED TERRORIST ACTIVITY OR

30 SUSPICIOUS BEHAVIOR.— 

31 (1) IN GENERAL.—A person who, in good faith and based on objec32 tively reasonable suspicion, makes, or causes to be made, a voluntary 

33 report of covered activity to an authorized official shall be immune 

34 from civil liability under Federal, State, and local law for the report. 

35 (2) FALSE REPORTS.—Paragraph (1) shall not apply to any report 

36 that the person knew to be false or was made with reckless disregard 

37 for the truth at the time that person made that report. 

38 (c) IMMUNITY FOR RESPONSE.— 

39 (1) IN GENERAL.—An authorized official who observes, or receives 

40 a report of, covered activity and takes reasonable action in good faith 

41 to respond to the activity has qualified immunity from civil liability for 


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1 the action, consistent with applicable law in the relevant jurisdiction. 

2 An authorized official (as defined by subsection (a)(1)(A)) not entitled 

3 to assert the defense of qualified immunity is immune from civil liabil4 ity under Federal, State, and local law if the authorized official takes 

5 reasonable action, in good faith, to respond to the reported activity. 

6 (2) SAVINGS CLAUSE.—Nothing in this subsection affects the ability 

7 of an authorized official to assert any defense, privilege, or immunity 

8 that would otherwise be available, and this subsection shall not be con9 strued as affecting the defense, privilege, or immunity. 

10 (d) ATTORNEY FEES AND COSTS.—A person or authorized official found 

11 to be immune from civil liability under this section is entitled to recover 

12 from the plaintiff all reasonable costs and attorney fees. 

13 Subchapter II—Security Enhancements 

14 § 40311. Definitions 

15 In this subchapter: 

16 (1) APPROPRIATE CONGRESSIONAL COMMITTEE.—The term ‘‘appro17 priate congressional committee’’ means the Committee on Commerce, 

18 Science, and Transportation, the Committee on Banking, Housing, and 

19 Urban Affairs and the Committee on Homeland Security and Govern20 mental Affairs of the Senate and the Committee on Homeland Security 

21 and the Committee on Transportation and Infrastructure of the House. 

22 (2) STATE.—The term ‘‘State’’ means a State, the District of Co23 lumbia, Puerto Rico, the Northern Mariana Islands, the Virgin Islands, 

24 Guam, American Samoa, and any other territory (including a posses25 sion) of the United States. 

26 (3) TERRORISM.—The term ‘‘terrorism’’ has the meaning given the 

27 term in section 10101 of this title. 

28 (4) UNITED STATES.—The term ‘‘United States’’ means the States, 

29 the District of Columbia, Puerto Rico, the Northern Mariana Islands, 

30 the Virgin Islands, Guam, American Samoa, and any other territory 

31 (including a possession) of the United States. 

32 § 40312. Authorization of Visible Intermodal Prevention and 

33 Response teams 

34 (a) IN GENERAL.—The Secretary, acting through the Administrator of 

35 the Transportation Security Administration, may develop Visible Intermodal 

36 Prevention and Response (in this section referred to as ‘‘VIPR’’) teams to 

37 augment the security of any mode of transportation at any location within 

38 the United States. In forming a VIPR team, the Secretary— 

39 (1) may use any asset of the Department, including Federal air mar40 shals, surface transportation security inspectors, canine detection 

41 teams, and advanced screening technology; 


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1 (2) may determine when a VIPR team shall be deployed, as well as 

2 the duration of the deployment; 

3 (3) shall, prior to and during the deployment, consult with local se4 curity and law enforcement officials in the jurisdiction where the VIPR 

5 team is or will be deployed, to develop and agree upon the appropriate 

6 operational protocols and provide relevant information about the mis7 sion of the VIPR team, as appropriate; 

8 (4) shall, prior to and during the deployment, consult with all trans9 portation entities directly affected by the deployment of a VIPR team, 

10 as appropriate, including railroad carriers, air carriers, airport owners, 

11 over-the-road bus operators and terminal owners and operators, motor 

12 carriers, public transportation agencies, owners or operators of high13 ways, port operators and facility owners, vessel owners and operators, 

14 and pipeline operators; and 

15 (5) shall require, as appropriate based on risk, in the case of a VIPR 

16 team deployed to an airport, that the VIPR team conduct operations— 

17 (A) in the sterile area and any other areas to which only indi18 viduals issued security credentials have unrestricted access; and 

19 (B) in nonsterile areas. 

20 (b) AUTHORIZATION OF APPROPRIATIONS.—There are authorized to be 

21 appropriated to the Secretary to carry out this section such sums as nec22 essary, including funds to develop not more than 60 VIPR teams, for fiscal 

23 years 2016 through 2018. 

24 § 40313. Surface transportation security inspectors 

25 (a) IN GENERAL.—The Secretary, acting through the Administrator of 

26 the Transportation Security Administration, may train, employ, and utilize 

27 surface transportation security inspectors. 

28 (b) MISSION.—The Secretary shall use surface transportation security in29 spectors to assist surface transportation carriers, operators, owners, entities, 

30 and facilities to enhance their security against terrorist attack and other se31 curity threats and to assist the Secretary in enforcing applicable surface 

32 transportation security regulations and directives. 

33 (c) AUTHORITIES.—Surface transportation security inspectors employed 

34 under this section shall be authorized powers and delegated responsibilities 

35 that the Secretary determines appropriate, subject to subsection (e). 

36 (d) REQUIREMENTS.—The Secretary shall require that surface transpor37 tation security inspectors have relevant transportation experience and other 

38 security and inspection qualifications, as determined appropriate. 

39 (e) LIMITATIONS.— 

40 (1) INSPECTORS.—Surface transportation inspectors shall be prohib41 ited from issuing fines to public transportation agencies (as defined in 


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1 section 40501 of this title) for violations of the Department’s regula2 tions or orders except through the process described in paragraph (2). 

3 (2) CIVIL PENALTIES.—The Secretary shall be prohibited from as4 sessing civil penalties against public transportation agencies (as defined 

5 in section 40501 of this title) for violations of the Department’s regula6 tions or orders, except in accordance with the following: 

7 (A) In the case of a public transportation agency that is found 

8 to be in violation of a regulation or order issued by the Secretary, 

9 the Secretary shall seek correction of the violation through a writ10 ten notice to the public transportation agency and shall give the 

11 public transportation agency reasonable opportunity to correct the 

12 violation or propose an alternative means of compliance acceptable 

13 to the Secretary. 

14 (B) If the public transportation agency does not correct the vio15 lation or propose an alternative means of compliance acceptable to 

16 the Secretary within a reasonable time period that is specified in 

17 the written notice, the Secretary may take any action authorized 

18 in sections 11301 through 11316 of this title. 

19 (3) LIMITATION ON SECRETARY.—The Secretary shall not initiate 

20 civil enforcement actions for violations of administrative and procedural 

21 requirements pertaining to the application for, and expenditure of, 

22 funds awarded under transportation security grant programs under the 

23 Implementing Recommendations of the 9/11 Commission Act of 2007 

24 (Public Law 110–53, 121 Stat. 266). 

25 (f) COORDINATION.—The Secretary shall ensure that the mission of the 

26 surface transportation security inspectors is consistent with any relevant 

27 risk assessments required by the Implementing Recommendations of the 9/ 

28 11 Commission Act of 2007 (Public Law 110–53, 121 Stat. 266) or com29 pleted by the Department, the modal plans required under section 11314 

30 of this title, the Memorandum of Understanding between the Department 

31 and the Department of Transportation on Roles and Responsibilities, dated 

32 September 28, 2004, and all subsequent annexes to this Memorandum of 

33 Understanding, and other relevant documents setting forth the Depart34 ment’s transportation security strategy, as appropriate. 

35 (g) CONSULTATION.—The Secretary shall periodically consult with the 

36 surface transportation entities that are or may be inspected by the surface 

37 transportation security inspectors, including, as appropriate, railroad car38 riers, over-the-road bus operators and terminal owners and operators, motor 

39 carriers, public transportation agencies, owners or operators of highways, 

40 and pipeline operators on— 


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1 (1) the inspectors’ duties, responsibilities, authorities, and mission; 

2 and 

3 (2) strategies to improve transportation security and to ensure com4 pliance with transportation security requirements. 

5 § 40314. Surface transportation security technology infor6 mation sharing 

7 (a) IN GENERAL.— 

8 (1) INFORMATION SHARING.—The Secretary, in consultation with 

9 the Secretary of Transportation, shall establish a program to provide 

10 appropriate information that the Department has gathered or devel11 oped on the performance, use, and testing of technologies that may be 

12 used to enhance railroad, public transportation, and surface transpor13 tation security to surface transportation entities, including railroad car14 riers, over-the-road bus operators and terminal owners and operators, 

15 motor carriers, public transportation agencies, owners or operators of 

16 highways, pipeline operators, and State, local, and tribal governments 

17 that provide security assistance to the entities. 

18 (2) DESIGNATION OF QUALIFIED ANTITERRORISM TECHNOLOGIES.— 

19 The Secretary shall include in the information provided in paragraph 

20 (1) whether the technology is designated as a qualified antiterrorism 

21 technology under subchapter IV of chapter 105 of this title, as appro22 priate. 

23 (b) PURPOSE.—The purpose of the program is to assist eligible grant re24 cipients under this subtitle and others, as appropriate, to purchase and use 

25 the best technology and equipment available to meet the security needs of 

26 the Nation’s surface transportation system. 

27 (c) COORDINATION.—The Secretary shall ensure that the program estab28 lished under this section makes use of and is consistent with other Depart29 ment technology testing, information sharing, evaluation, and standards-set30 ting programs, as appropriate. 

31 § 40315. Transportation Security Administration personnel 

32 limitations 

33 Any statutory limitation on the number of employees in the Transpor34 tation Security Administration does not apply to employees carrying out this 

35 chapter, chapters 401, 405, and 407 of this title, and titles XII through 

36 XV of the Implementing Recommendations of the 9/11 Commission Act of 

37 2007 (Public Law 110–53, 121 Stat. 381). 

38 § 40316. National explosives detection canine team training 

39 program 

40 (a) DEFINITION OF EXPLOSIVES DETECTION CANINE TEAM.—In this 

41 section, the term ‘‘explosives detection canine team’’ means a canine and a 


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1 canine handler that are trained to detect explosives, radiological materials, 

2 chemical, nuclear or biological weapons, or other threats as defined by the 

3 Secretary. 

4 (b) IN GENERAL.— 

5 (1) INCREASED CAPACITY.—The Secretary shall— 

6 (A) begin to increase the number of explosives detection canine 

7 teams certified by the Transportation Security Administration for 

8 the purposes of transportation-related security by up to 200 ca9 nine teams annually by the end of 2010; and 

10 (B) encourage State, local, and tribal governments and private 

11 owners of high-risk transportation facilities to strengthen security 

12 through the use of highly trained explosives detection canine 

13 teams. 

14 (2) WAYS TO INCREASE NUMBER OF EXPLOSIVES DETECTION CA15 NINE TEAMS.—The Secretary shall increase the number of explosives 

16 detection canine teams by— 

17 (A) using the Transportation Security Administration’s Na18 tional Explosives Detection Canine Team Training Center, includ19 ing expanding and upgrading existing facilities, procuring and 

20 breeding additional canines, and increasing staffing and oversight 

21 commensurate with the increased training and deployment capa22 bilities; 

23 (B) partnering with other Federal, State, or local agencies, non24 profit organizations, universities, or the private sector to increase 

25 the training capacity for canine detection teams; 

26 (C) procuring explosives detection canines trained by nonprofit 

27 organizations, universities, or the private sector, provided they are 

28 trained in a manner consistent with the standards and require29 ments developed under subsection (c) or other criteria developed 

30 by the Secretary; or 

31 (D) a combination of subparagraphs (A), (B), and (C), as ap32 propriate. 

33 (c) STANDARDS FOR EXPLOSIVES DETECTION CANINE TEAMS.— 

34 (1) IN GENERAL.—Based on the feasibility in meeting the ongoing 

35 demand for quality explosives detection canine teams, the Secretary 

36 shall establish criteria, including canine training curricula, performance 

37 standards, and other requirements approved by the Transportation Se38 curity Administration necessary to ensure that explosives detection ca39 nine teams trained by nonprofit organizations, universities, and private40 sector entities are adequately trained and maintained. 


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1 (2) EXPANSION.—In developing and implementing the curricula, per2 formance standards, and other requirements, the Secretary shall— 

3 (A) coordinate with key stakeholders, including international, 

4 Federal, State, and local officials, and private-sector and academic 

5 entities to develop best practice guidelines for a standardized pro6 gram, as appropriate; 

7 (B) require that explosives detection canine teams trained by 

8 nonprofit organizations, universities, or private-sector entities that 

9 are used or made available by the Secretary be trained consistent 

10 with specific training criteria developed by the Secretary; and 

11 (C) review the status of the private-sector programs on at least 

12 an annual basis to ensure compliance with training curricula, per13 formance standards, and other requirements. 

14 (d) DEPLOYMENT.—The Secretary shall— 

15 (1) use the additional explosives detection canine teams as part of 

16 the Department’s efforts to strengthen security across the Nation’s 

17 transportation network, and may use the canine teams on a more lim18 ited basis to support other homeland security missions, as determined 

19 appropriate by the Secretary; 

20 (2) make available explosives detection canine teams to all modes of 

21 transportation, for high-risk areas or to address specific threats, on an 

22 as-needed basis and as otherwise determined appropriate by the Sec23 retary; 

24 (3) encourage, but not require, any transportation facility or system 

25 to deploy TSA-certified explosives detection canine teams developed 

26 under this section; and 

27 (4) consider specific needs and training requirements for explosives 

28 detection canine teams to be deployed across the Nation’s transpor29 tation network, including in venues of multiple modes of transportation, 

30 as appropriate. 

31 (e) CANINE PROCUREMENT.—The Secretary, acting through the Adminis32 trator of the Transportation Security Administration, shall work to ensure 

33 that explosives detection canine teams are procured as efficiently as possible 

34 and at the best price, while maintaining the needed level of quality, includ35 ing, if appropriate, through increased domestic breeding. 

36 § 40317. Roles of the Department and the Department of 

37 Transportation 

38 (a) IN GENERAL.—The Secretary is the principal Federal official respon39 sible for transportation security. 

40 (b) EQUIVALENT ROLES AND RESPONSIBILITIES.—In carrying out this 

41 chapter, chapters 401, 405, and 407 of this title, and titles XII through 


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1 XV of the Implementing Recommendations of the 9/11 Commission Act of 

2 2007 (Public Law 110–53, 121 Stat. 381), the roles and responsibilities of 

3 the Department and the Department of Transportation are the same as 

4 their roles and responsibilities under the following: 

5 (1) The Aviation and Transportation Security Act (Public Law 

6 107–71, 115 Stat. 597). 

7 (2) The Intelligence Reform and Terrorism Prevention Act of 

8 2004 (Public Law 108–458, 118 Stat. 3638). 

9 (3) The National Infrastructure Protection Plan required by 

10 Homeland Security Presidential Directive–7. 

11 (4) The Homeland Security Act of 2002 (Public Law 107–296, 

12 116 Stat. 2135). 

13 (5) The National Response Plan. 

14 (6) Executive Order No. 13416, 71 Fed. Reg. 71033 (Dec. 5, 

15 2006). 

16 (7) The Memorandum of Understanding between the Depart17 ment of Homeland Security and the Department of Transpor18 tation on Roles and Responsibilities, dated September 28, 2004, 

19 and any and all subsequent annexes to this Memorandum of Un20 derstanding and other relevant agreements between the two De21 partments. 

22 Chapter 405—Public Transportation 

23 Security 

Sec. 

40501. Definitions. 

40502. National Strategy for Public Transportation Security. 

40503. Security assessments and plans. 

40504. Public transportation security improvement grants. 

40505. Security exercises. 

40506. Public transportation security training program. 

40507. Public transportation research and development. 

40508. Information sharing. 

40509. Reporting requirements. 

40510. Public transportation employee protections. 

40511. Security background checks of covered individuals for public transportation. 

40512. Limitation on fines and civil penalties. 

24 § 40501. Definitions 

25 In this chapter: 

26 (1) APPROPRIATE CONGRESSIONAL COMMITTEE.—The term ‘‘appro27 priate congressional committee’’ means the Committee on Banking, 

28 Housing, and Urban Affairs and the Committee on Homeland Security 

29 and Governmental Affairs of the Senate and the Committee on Home30 land Security and the Committee on Transportation and Infrastructure 

31 of the House. 

32 (2) DISADVANTAGED BUSINESS CONCERN.—The term ‘‘disadvan33 taged business concern’’ means a small business that is owned and conVerDate Sep 11 2014 18:05 Jun 12, 2018 Jkt 079200 PO 00000 Frm 00499 Fmt 6652 Sfmt 6221 E:\BILLS\H6063.IH H6063

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1 trolled by socially and economically disadvantaged individuals as de2 fined in part 124, title 13, Code of Federal Regulations. 

3 (3) FRONTLINE EMPLOYEE.—The term ‘‘frontline employee’’ means 

4 an employee of a public transportation agency who is a transit vehicle 

5 driver or operator, dispatcher, maintenance or maintenance support 

6 employee, station attendant, customer service employee, security em7 ployee, or transit police employee, or any other employee who has direct 

8 contact with riders on a regular basis, or any other employee of a pub9 lic transportation agency that the Secretary determines should receive 

10 security training under section 40506 of this title. 

11 (4) PUBLIC TRANSPORTATION AGENCY.—The term ‘‘public transpor12 tation agency’’ means a publicly owned operator of public transpor13 tation eligible to receive Federal assistance under chapter 53 of title 

14 49. 

15 § 40502. National Strategy for Public Transportation Secu16 rity 

17 (a) NATIONAL STRATEGY.—Based on the previous and ongoing security 

18 assessments conducted by the Department and the Department of Trans19 portation, the Secretary, consistent with and as required by section 11314 

20 of this title, shall develop and implement the modal plan for public transpor21 tation, entitled the ‘‘National Strategy for Public Transportation Security’’ 

22 (in this section referred to as the ‘‘Strategy’’). 

23 (b) PURPOSE.— 

24 (1) GUIDELINES.—In developing the Strategy, the Secretary shall es25 tablish guidelines for public transportation security that— 

26 (A) minimize security threats to public transportation systems; 

27 and 

28 (B) maximize the abilities of public transportation systems to 

29 mitigate damage resulting from a terrorist attack or other major 

30 incident. 

31 (2) ASSESSMENTS AND CONSULTATIONS.—In developing the Strat32 egy, the Secretary shall— 

33 (A) use established and ongoing public transportation security 

34 assessments as the basis of the Strategy; and 

35 (B) consult with all relevant stakeholders, including public 

36 transportation agencies, nonprofit labor organizations representing 

37 public transportation employees, emergency responders, public 

38 safety officials, and other relevant parties. 

39 (c) CONTENTS.—In the Strategy, the Secretary shall describe prioritized 

40 goals, objectives, policies, actions, and schedules to improve the security of 

41 public transportation. 


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1 (d) RESPONSIBILITIES.—The Secretary shall include in the Strategy a de2 scription of the roles, responsibilities, and authorities of Federal, State, and 

3 local agencies, tribal governments, and appropriate stakeholders. The Strat4 egy shall also include— 

5 (1) the identification of, and a plan to address, gaps and unneces6 sary overlaps in the roles, responsibilities, and authorities of Federal 

7 agencies; and 

8 (2) a process for coordinating existing or future security strategies 

9 and plans for public transportation, including— 

10 (A) the National Infrastructure Protection Plan required by 

11 Homeland Security Presidential Directive–7; 

12 (B) Executive Order No. 13416, 71 Fed. Reg. 71033 (Dec. 5, 

13 2006); and 

14 (C) the Memorandum of Understanding between the Depart15 ment and the Department of Transportation on Roles and Respon16 sibilities dated September 28, 2004, and subsequent annexes and 

17 agreements. 

18 (e) ADEQUACY OF EXISTING PLANS AND STRATEGIES.—In developing the 

19 Strategy, the Secretary shall use relevant existing risk assessments and 

20 strategies developed by the Department or other Federal agencies, including 

21 those developed or implemented under section 11314 of this title or Home22 land Security Presidential Directive–7. 

23 § 40503. Security assessments and plans 

24 (a) PUBLIC TRANSPORTATION SECURITY ASSESSMENTS.— 

25 (1) SUBMISSION.—The Administrator of the Federal Transit Admin26 istration shall submit all public transportation security assessments and 

27 all other relevant information to the Secretary. 

28 (2) SECRETARIAL REVIEW.—Not later than 60 days after receiving 

29 the submission under paragraph (1), the Secretary shall review and 

30 augment the security assessments received, and conduct additional se31 curity assessments as necessary to ensure that at a minimum, all high 

32 risk public transportation agencies, as determined by the Secretary, will 

33 have a completed security assessment. 

34 (3) CONTENT.—The Secretary shall ensure that each completed se35 curity assessment includes— 

36 (A) identification of critical assets, infrastructure, and systems, 

37 and their vulnerabilities; and 

38 (B) identification of any other security weaknesses, including 

39 weaknesses in emergency response planning and employee train40 ing. 


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1 (b) BUS AND RURAL PUBLIC TRANSPORTATION SYSTEMS.—The Sec2 retary shall— 

3 (1) conduct security assessments, based on a representative sample, 

4 to determine the specific needs of— 

5 (A) local bus-only public transportation systems; and 

6 (B) public transportation systems that receive funds under sec7 tion 5311 of title 49; and 

8 (2) make the representative assessments available for use by simi9 larly situated systems. 

10 (c) SECURITY PLANS.— 

11 (1) REQUIREMENT FOR PLAN.— 

12 (A) HIGH RISK AGENCIES.—The Secretary shall require public 

13 transportation agencies determined by the Secretary to be at high 

14 risk for terrorism to develop a comprehensive security plan. The 

15 Secretary shall provide technical assistance and guidance to public 

16 transportation agencies in preparing and implementing security 

17 plans under this section. 

18 (B) OTHER AGENCIES.—Subject to subparagraph (C), the Sec19 retary may also establish a security program for public transpor20 tation agencies not designated high risk by the Secretary, to assist 

21 those public transportation agencies that request assistance, in22 cluding— 

23 (i) guidance to assist agencies in conducting security as24 sessments and preparing and implementing security plans; 

25 and 

26 (ii) a process for the Secretary to review and approve as27 sessments and plans, as appropriate. 

28 (C) PLAN NOT REQUIRED.—A public transportation agency that 

29 has not been designated high risk may not be required to develop 

30 a security plan. 

31 (2) CONTENT.—The Secretary shall ensure that security plans in32 clude, as appropriate— 

33 (A) a prioritized list of all items included in the public transpor34 tation agency’s security assessment that have not yet been ad35 dressed; 

36 (B) a detailed list of any additional capital and operational im37 provements identified by the Department or the public transpor38 tation agency and a certification of the public transportation agen39 cy’s technical capacity for operating and maintaining security 

40 equipment that may be identified in the list; 


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1 (C) specific procedures to be implemented or used by the public 

2 transportation agency in response to a terrorist attack, including 

3 evacuation and passenger communication plans and appropriate 

4 evacuation and communication measures for the elderly and indi5 viduals with disabilities; 

6 (D) a coordinated response plan that establishes procedures for 

7 appropriate interaction with State and local law enforcement agen8 cies, emergency responders, and Federal officials in order to co9 ordinate security measures and plans for response in the event of 

10 a terrorist attack or other major incident; 

11 (E) a strategy and timeline for conducting training under sec12 tion 40506 of this title; 

13 (F) plans for providing redundant and other appropriate backup 

14 systems necessary to ensure the continued operation of critical ele15 ments of the public transportation system in the event of a ter16 rorist attack or other major incident; 

17 (G) plans for providing service capabilities throughout the sys18 tem in the event of a terrorist attack or other major incident in 

19 the city or region which the public transportation system serves; 

20 (H) methods to mitigate damage within a public transportation 

21 system in case of an attack on the system, including a plan for 

22 communication and coordination with emergency responders; and 

23 (I) other actions or procedures as the Secretary determines are 

24 appropriate to address the security of the public transportation 

25 system. 

26 (3) REVIEW.—Not later than 6 months after receiving the plans re27 quired under this section, the Secretary shall— 

28 (A) review each security plan submitted; 

29 (B) require the public transportation agency to make any 

30 amendments needed to ensure that the plan meets the require31 ments of this section; and 

32 (C) approve any security plan that meets the requirements of 

33 this section. 

34 (4) EXEMPTION.—The Secretary may not require a public transpor35 tation agency to develop a security plan under paragraph (1) if the 

36 agency does not receive a grant under section 40504 of this title. 

37 (5) WAIVER.—The Secretary may waive the exemption provided in 

38 paragraph (4) to require a public transportation agency to develop a 

39 security plan under paragraph (1) in the absence of grant funds under 

40 section 40504 of this title if not less than 3 days after making the de41 termination the Secretary provides the appropriate congressional comVerDate Sep 11 2014 18:05 Jun 12, 2018 Jkt 079200 PO 00000 Frm 00503 Fmt 6652 Sfmt 6221 E:\BILLS\H6063.IH H6063

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1 mittees and the public transportation agency written notification detail2 ing the need for the security plan, the reasons grant funding has not 

3 been made available, and the reason the agency has been designated 

4 high risk. 

5 (d) CONSISTENCY WITH OTHER PLANS.—The Secretary shall ensure that 

6 the security plans developed by public transportation agencies under this 

7 section are consistent with the security assessments developed by the De8 partment and the National Strategy for Public Transportation Security de9 veloped under section 40502 of this title. 

10 (e) UPDATES.—The Secretary annually shall— 

11 (1) update the security assessments referred to in subsection (a); 

12 (2) update the security improvement priorities required under sub13 section (f); and 

14 (3) require public transportation agencies to update the security 

15 plans required under subsection (c), as appropriate. 

16 (f) SECURITY IMPROVEMENT PRIORITIES.— 

17 (1) IN GENERAL.—Each fiscal year, the Secretary, after consultation 

18 with management and nonprofit employee labor organizations rep19 resenting public transportation employees, as appropriate, and with ap20 propriate State and local officials, shall utilize the information devel21 oped or received in this section to establish security improvement prior22 ities unique to each individual public transportation agency that has 

23 been assessed. 

24 (2) ALLOCATIONS.—The Secretary shall use the security improve25 ment priorities established in paragraph (1) as the basis for allocating 

26 risk-based grant funds under section 40504 of this title, unless the Sec27 retary notifies the appropriate congressional committees that the Sec28 retary has determined an adjustment is necessary to respond to an ur29 gent threat or other significant national security factors. 

30 (g) SHARED FACILITIES.—The Secretary shall encourage the development 

31 and implementation of coordinated assessments and security plans to the ex32 tent a public transportation agency shares facilities (such as tunnels, 

33 bridges, stations, or platforms) with another public transportation agency, 

34 a freight or passenger railroad carrier, or over-the-road bus operator that 

35 is geographically close or otherwise co-located. 

36 (h) NONDISCLOSURE OF INFORMATION.— 

37 (1) SUBMISSION OF INFORMATION TO CONGRESS.—Nothing in this 

38 section shall be construed as authorizing the withholding of any infor39 mation from Congress. 

40 (2) DISCLOSURE OF INDEPENDENTLY FURNISHED INFORMATION.— 

41 Nothing in this section shall be construed as affecting any authority 


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1 or obligation of a Federal agency to disclose any record or information 

2 that the Federal agency obtains from a public transportation agency 

3 under any other Federal law. 

4 (i) DETERMINATION.—In response to a petition by a public transpor5 tation agency or at the discretion of the Secretary, the Secretary may recog6 nize existing procedures, protocols, and standards of a public transportation 

7 agency that the Secretary determines meet all or part of the requirements 

8 of this section regarding security assessments or security plans. 

9 § 40504. Public transportation security improvement grants 

10 (a) SECURITY ASSISTANCE PROGRAM.— 

11 (1) IN GENERAL.—The Secretary shall establish a program for mak12 ing grants to eligible public transportation agencies for security im13 provements described in subsection (b). 

14 (2) ELIGIBILITY.—A public transportation agency is eligible for a 

15 grant under this section if the Secretary has performed a security as16 sessment or the agency has developed a security plan under section 

17 40503 of this title. Grant funds shall only be awarded for permissible 

18 uses under subsection (b) to— 

19 (A) address items included in a security assessment; or 

20 (B) further a security plan. 

21 (b) USES OF FUNDS.—A recipient of a grant under subsection (a) shall 

22 use the grant funds for one or more of the following: 

23 (1) CAPITAL USES OF FUNDS, INCLUDING— 

24 (A) tunnel protection systems; 

25 (B) perimeter protection systems, including access control, in26 stallation of improved lighting, fencing, and barricades; 

27 (C) redundant critical operations control systems; 

28 (D) chemical, biological, radiological, or explosive detection sys29 tems, including the acquisition of canines used for detection; 

30 (E) surveillance equipment; 

31 (F) communications equipment, including mobile service equip32 ment to provide access to wireless Enhanced 911 (E911) emer33 gency services in an underground fixed guideway system; 

34 (G) emergency response equipment, including personal protec35 tive equipment; 

36 (H) fire suppression and decontamination equipment; 

37 (I) global positioning or tracking and recovery equipment, and 

38 other automated-vehicle-locator-type system equipment; 

39 (J) evacuation improvements; 


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1 (K) purchase and placement of bomb-resistant trash cans 

2 throughout public transportation facilities, including subway exits, 

3 entrances, and tunnels; 

4 (L) capital costs associated with security awareness, security 

5 preparedness, and security response training, including training 

6 under section 40506 of this title and exercises under section 

7 40505 of this title; 

8 (M) security improvements for public transportation systems, 

9 including extensions thereto, in final design or under construction; 

10 (N) security improvements for stations and other public trans11 portation infrastructure, including stations and other public trans12 portation infrastructure owned by State or local governments; and 

13 (O) other capital security improvements determined appropriate 

14 by the Secretary. 

15 (2) OPERATING USES OF FUNDS, INCLUDING— 

16 (A) security training, including training under section 40506 of 

17 this title and training developed by institutions of higher education 

18 and by nonprofit employee labor organizations, for public trans19 portation employees, including frontline employees; 

20 (B) live or simulated exercises under section 40505 of this title; 

21 (C) public awareness campaigns for enhanced public transpor22 tation security; 

23 (D) canine patrols for chemical, radiological, biological, or explo24 sives detection; 

25 (E) development of security plans under section 40503 of this 

26 title; 

27 (F) overtime reimbursement including reimbursement of State, 

28 local, and tribal governments, for costs for enhanced security per29 sonnel during significant national and international public events; 

30 (G) operational costs, including reimbursement of State, local, 

31 and tribal governments for costs for personnel assigned to full32 time or part-time security or counterterrorism duties related to 

33 public transportation, provided that this expense totals no more 

34 than 10 percent of the total grant funds received by a public 

35 transportation agency in any 1 year; and 

36 (H) other operational security costs determined appropriate by 

37 the Secretary, excluding routine, ongoing personnel costs, other 

38 than those set forth in this section. 

39 (c) SECRETARY’S RESPONSIBILITIES.—In carrying out the responsibilities 

40 under subsection (a), the Secretary shall— 


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1 (1) determine the requirements for recipients of grants under this 

2 section, including application requirements; 

3 (2) under subsection (a)(2), select the recipients of grants based 

4 solely on risk; and 

5 (3) under subsection (b), establish the priorities for which grant 

6 funds may be used under this section. 

7 (d) DISTRIBUTION OF GRANTS.—The Secretary and the Secretary of 

8 Transportation shall determine the most effective and efficient way to dis9 tribute grant funds to the recipients of grants determined by the Secretary 

10 under subsection (a). Subject to the determination made by the Secretaries, 

11 the Secretary may transfer funds to the Secretary of Transportation for the 

12 purposes of disbursing funds to the grant recipient. 

13 (e) GRANT SUBJECT TO CERTAIN TERMS AND CONDITIONS.—Except as 

14 otherwise specifically provided in this section, a grant provided under this 

15 section is subject to the terms and conditions applicable to a grant made 

16 under section 5307 of title 49, as in effect on January 1, 2007, and other 

17 terms and conditions determined necessary by the Secretary. 

18 (f) LIMITATION ON USES OF FUNDS.—Grants made under this section 

19 may not be used to make any State or local government cost-sharing con20 tribution under any other Federal law. 

21 (g) ANNUAL REPORTS.—Each recipient of a grant under this section 

22 shall report annually to the Secretary on the use of the grant funds. 

23 (h) GUIDELINES ON USE OF CONTRACTORS AND SUBCONTRACTORS.— 

24 Before the distribution of funds to recipients of grants, the Secretary shall 

25 issue guidelines to ensure that, to the extent that recipients of grants under 

26 this section use contractors or subcontractors, the recipients shall use small, 

27 minority, women-owned, or disadvantaged business concerns as contractors 

28 or subcontractors to the extent practicable. 

29 (i) COORDINATION WITH STATE HOMELAND SECURITY PLANS.—In es30 tablishing security improvement priorities under section 40503 of this title 

31 and in awarding grants for capital security improvements and operational 

32 security improvements under subsection (b), the Secretary shall act consist33 ently with relevant State homeland security plans. 

34 (j) MULTISTATE TRANSPORTATION SYSTEMS.—In cases in which a public 

35 transportation system operates in more than one State, the Secretary shall 

36 give appropriate consideration to the risks of the entire system, including 

37 those portions of the States into which the system crosses, in establishing 

38 security improvement priorities under section 40503 of this title and in 

39 awarding grants for capital security improvements and operational security 

40 improvements under subsection (b). 


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1 (k) CONGRESSIONAL NOTIFICATION.—Not later than 3 days before the 

2 award of any grant under this section, the Secretary shall notify simulta3 neously the appropriate congressional committees of the intent to award the 

4 grant. 

5 (l) RETURN OF MISSPENT GRANT FUNDS.—The Secretary shall establish 

6 a process to require the return of any misspent grant funds received under 

7 this section determined to have been spent for a purpose other than those 

8 specified in the grant award. 

9 § 40505. Security exercises 

10 (a) IN GENERAL.—The Secretary shall establish a program for con11 ducting security exercises for public transportation agencies for the purpose 

12 of assessing and improving the capabilities of entities described in sub13 section (b) to prevent, prepare for, mitigate against, respond to, and recover 

14 from acts of terrorism. 

15 (b) COVERED ENTITIES.—Entities to be assessed under the program in16 clude— 

17 (1) Federal, State, and local agencies and tribal governments; 

18 (2) public transportation agencies; 

19 (3) governmental and nongovernmental emergency response pro20 viders and law enforcement personnel, including transit police; and 

21 (4) any other organization or entity that the Secretary determines 

22 appropriate. 

23 (c) REQUIREMENTS.—The Secretary shall ensure that the program— 

24 (1) requires, for public transportation agencies that the Secretary 

25 considers appropriate, exercises to be conducted that are— 

26 (A) scaled and tailored to the needs of specific public transpor27 tation systems, and include taking into account the needs of the 

28 elderly and individuals with disabilities; 

29 (B) live; 

30 (C) coordinated with appropriate officials; 

31 (D) as realistic as practicable and based on current risk assess32 ments, including credible threats, vulnerabilities, and con33 sequences; 

34 (E) inclusive, as appropriate, of frontline employees and man35 agers; and 

36 (F) consistent with the National Incident Management System, 

37 the National Response Plan, the National Infrastructure Protec38 tion Plan, the National Preparedness Guidance, the National Pre39 paredness Goal, and other national initiatives of this type; 

40 (2) provides that exercises described in paragraph (1) will be— 


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1 (A) evaluated by the Secretary against clear and consistent per2 formance measures; 

3 (B) assessed by the Secretary to learn best practices, which 

4 shall be shared with appropriate Federal, State, local, and tribal 

5 officials, governmental and nongovernmental emergency response 

6 providers, law enforcement personnel, including railroad and tran7 sit police, and appropriate stakeholders; and 

8 (C) followed by remedial action by covered entities in response 

9 to lessons learned; 

10 (3) involves individuals in neighborhoods around the infrastructure 

11 of a public transportation system; and 

12 (4) assists State, local, and tribal governments and public transpor13 tation agencies in designing, implementing, and evaluating exercises 

14 that conform to the requirements of paragraph (2). 

15 (d) NATIONAL EXERCISE PROGRAM.—The Secretary shall ensure that the 

16 exercise program developed under subsection (a) is a component of the na17 tional exercise program established under section 20508 of this title. 

18 (e) FERRY SYSTEM EXEMPTION.—This section does not apply to a ferry 

19 system for which drills are required to be conducted under section 70103 

20 of title 46. 

21 § 40506. Public transportation security training program 

22 (a) APPLICABILITY.—A public transportation agency that receives a grant 

23 award under this chapter shall develop and implement a security training 

24 program under this section. 

25 (b) IN GENERAL.—The Secretary shall develop and issue detailed final 

26 regulations for a public transportation security training program to prepare 

27 public transportation employees, including frontline employees, for potential 

28 security threats and conditions. 

29 (c) CONSULTATION.—The Secretary shall develop the final regulations 

30 under subsection (b) in consultation with— 

31 (1) appropriate law enforcement, fire service, security, and terrorism 

32 experts; 

33 (2) representatives of public transportation agencies; and 

34 (3) nonprofit employee labor organizations representing public trans35 portation employees or emergency response personnel. 

36 (d) PROGRAM ELEMENTS.—The final regulations developed under sub37 section (b) shall require security training programs to include, at a min38 imum, elements to address the following: 

39 (1) Determination of the seriousness of any occurrence or threat. 

40 (2) Crew and passenger communication and coordination. 


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1 (3) Appropriate responses to defend oneself, including using non2 lethal defense devices. 

3 (4) Use of personal protective devices and other protective equip4 ment. 

5 (5) Evacuation procedures for passengers and employees, including 

6 individuals with disabilities and the elderly. 

7 (6) Training related to behavioral and psychological understanding 

8 of, and responses to, terrorist incidents, including the ability to cope 

9 with hijacker behavior, and passenger responses. 

10 (7) Live situational training exercises regarding various threat condi11 tions, including tunnel evacuation procedures. 

12 (8) Recognition and reporting of dangerous substances and sus13 picious packages, persons, and situations. 

14 (9) Understanding security incident procedures, including procedures 

15 for communicating with governmental and nongovernmental emergency 

16 response providers and for on-scene interaction with emergency re17 sponse providers. 

18 (10) Operation and maintenance of security equipment and systems. 

19 (11) Other security training activities that the Secretary considers 

20 appropriate. 

21 (e) REQUIRED PROGRAMS.— 

22 (1) DEVELOPMENT AND SUBMISSION TO SECRETARY.—Not later 

23 than 90 days after a public transportation agency meets the require24 ments under subsection (a), the public transportation agency shall de25 velop a security training program in accordance with the regulations 

26 developed under subsection (b) and submit the program to the Sec27 retary for approval. 

28 (2) APPROVAL.—Not later than 60 days after receiving a security 

29 training program proposal under this subsection, the Secretary shall 

30 approve the program or require the public transportation agency that 

31 developed the program to make any revisions to the program that the 

32 Secretary determines necessary for the program to meet the require33 ments of the regulations. A public transportation agency shall respond 

34 to the Secretary’s comments within 30 days after receiving them. 

35 (3) TRAINING.—Not later than 1 year after the Secretary approves 

36 a security training program proposal under this subsection, the public 

37 transportation agency that developed the program shall complete the 

38 training of all employees covered under the program. 

39 (4) UPDATES OF REGULATIONS AND PROGRAM REVISIONS.—The 

40 Secretary shall periodically review and update, as appropriate, the 

41 training regulations issued under subsection (b) to reflect new or 


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1 changing security threats. Each public transportation agency shall re2 vise its training program accordingly and provide additional training as 

3 necessary to its workers within a reasonable time after the regulations 

4 are updated. 

5 (f) LONG-TERM TRAINING REQUIREMENT.—A public transportation 

6 agency required to develop a security training program under this section 

7 shall provide routine and ongoing training for employees covered under the 

8 program, regardless of whether the public transportation agency receives 

9 subsequent grant awards. 

10 (g) NATIONAL TRAINING PROGRAM.—The Secretary shall ensure that the 

11 training program developed under subsection (b) is a component of the na12 tional training program established under section 20508 of this title. 

13 (h) FERRY EXEMPTION.—This section shall not apply to a ferry system 

14 for which training is required to be conducted under section 70103 of title 

15 46. 

16 § 40507. Public transportation research and development 

17 (a) ESTABLISHMENT OF RESEARCH AND DEVELOPMENT PROGRAM.—The 

18 Secretary shall carry out, through the Homeland Security Advanced Re19 search Projects Agency in the Science and Technology Directorate and in 

20 consultation with the Transportation Security Administration and the Fed21 eral Transit Administration, a research and development program to im22 prove the security of transportation systems. 

23 (b) AWARDING OF GRANTS AND CONTRACTS.—The Secretary shall award 

24 grants or contracts to public or private entities to conduct research and 

25 demonstrate technologies and methods to reduce and deter terrorist threats 

26 or mitigate damages resulting from terrorist attacks against public trans27 portation systems. 

28 (c) USE OF FUNDS.—Grants or contracts awarded under this section— 

29 (1) shall be coordinated with activities of the Homeland Security Ad30 vanced Research Projects Agency; and 

31 (2) may be used to— 

32 (A) research chemical, biological, radiological, or explosive detec33 tion systems that do not significantly impede passenger access; 

34 (B) research imaging technologies; 

35 (C) conduct product evaluations and testing; 

36 (D) improve security and redundancy for critical communica37 tions, electrical power, and computer and train control systems; 

38 (E) develop technologies for securing tunnels, transit bridges, 

39 and aerial structures; 

40 (F) research technologies that mitigate damages in the event of 

41 a cyberattack; and 


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1 (G) research other technologies or methods for reducing or de2 terring terrorist attacks against public transportation systems, or 

3 mitigating damage from attacks. 

4 (d) PRIVACY AND CIVIL RIGHTS AND CIVIL LIBERTIES ISSUES.— 

5 (1) CONSULTATION.—In carrying out research and development 

6 projects under this section, the Secretary shall consult with the Chief 

7 Privacy Officer of the Department and the Officer for Civil Rights and 

8 Civil Liberties of the Department, as appropriate, and in accordance 

9 with section 10543 of this title. 

10 (2) PRIVACY IMPACT ASSESSMENTS.—In accordance with sections 

11 10543 and 11505 of this title, the Chief Privacy Officer shall conduct 

12 privacy impact assessments and the Officer for Civil Rights and Civil 

13 Liberties shall conduct reviews, as appropriate, for research and devel14 opment initiatives developed under this section. 

15 (e) REPORTING REQUIREMENT.—Each entity that is awarded a grant or 

16 contract under this section shall report annually to the Department on the 

17 use of grant or contract funds received under this section to ensure that 

18 the awards made are expended in accordance with the purposes of this 

19 chapter and the priorities developed by the Secretary. 

20 (f) COORDINATION.—The Secretary shall ensure that the research is con21 sistent with the priorities established in the National Strategy for Public 

22 Transportation Security and is coordinated, to the extent practicable, with 

23 other Federal, State, local, tribal, and private-sector public transportation, 

24 railroad, commuter railroad, and over-the-road bus research initiatives to le25 verage resources and avoid unnecessary duplicative efforts. 

26 (g) RETURN OF MISSPENT GRANT OR CONTRACT FUNDS.—If the Sec27 retary determines that a grantee or contractor used any portion of the grant 

28 or contract funds received under this section for a purpose other than the 

29 allowable uses specified under subsection (c), the grantee or contractor shall 

30 return that amount to the Treasury. 

31 § 40508. Information sharing 

32 (a) INTELLIGENCE SHARING.—The Secretary shall ensure that the De33 partment of Transportation receives appropriate and timely notification of 

34 all credible terrorist threats against public transportation assets in the 

35 United States. 

36 (b) INFORMATION SHARING AND ANALYSIS CENTER.— 

37 (1) AUTHORIZATION.—The Secretary shall provide for the reasonable 

38 costs of the Information Sharing and Analysis Center for Public Trans39 portation (in this subsection referred to as the ‘‘ISAC’’). 

40 (2) PARTICIPATION.—The Secretary— 


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1 (A) shall require public transportation agencies that the Sec2 retary determines to be at high risk of terrorist attack to partici3 pate in the ISAC; 

4 (B) shall encourage all other public transportation agencies to 

5 participate in the ISAC; 

6 (C) shall encourage the participation of nonprofit employee 

7 labor organizations representing public transportation employees, 

8 as appropriate; and 

9 (D) shall not charge a fee for participating in the ISAC. 

10 § 40509. Reporting requirements 

11 (a) ANNUAL REPORT TO CONGRESS.— 

12 (1) IN GENERAL.—Not later than March 31 of each year, the Sec13 retary shall submit a report, containing the information described in 

14 paragraph (2), to the appropriate congressional committees. 

15 (2) CONTENTS.—The report submitted under paragraph (1) shall in16 clude— 

17 (A) a description of the implementation of the provisions of this 

18 chapter; 

19 (B) the amount of funds appropriated to carry out the provi20 sions of this chapter that have not been expended or obligated; 

21 (C) the National Strategy for Public Transportation Security 

22 required under section 40502 of this title; 

23 (D) an estimate of the cost to implement the National Strategy 

24 for Public Transportation Security, which shall break out the ag25 gregated total cost of needed capital and operational security im26 provements for fiscal years 2017 and 2018; and 

27 (E) the state of public transportation security in the United 

28 States, which shall include detailing the status of security assess29 ments, the progress being made around the country in developing 

30 prioritized lists of security improvements necessary to make public 

31 transportation facilities and passengers more secure, the progress 

32 being made by agencies in developing security plans and how those 

33 plans differ from the security assessments, and a prioritized list 

34 of security improvements being compiled by other agencies, as well 

35 as a random sample of an equal number of large- and small-scale 

36 projects currently underway. 

37 (3) FORMAT.—The Secretary may submit the report in both classi38 fied and redacted formats if the Secretary determines that it is appro39 priate or necessary. 

40 (b) ANNUAL REPORT TO CHIEF EXECUTIVE OFFICERS.— 


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1 (1) IN GENERAL.—Not later than March 31 of each year, the Sec2 retary shall submit a report to the chief executive officer of each State 

3 with a public transportation agency that has received a grant under 

4 this chapter. 

5 (2) CONTENTS.—The report submitted under paragraph (1) shall 

6 specify— 

7 (A) the amount of grant funds distributed to each public trans8 portation agency; and 

9 (B) the use of the grant funds. 

10 § 40510. Public transportation employee protections 

11 (a) IN GENERAL.—A public transportation agency, a contractor or a sub12 contractor of the agency, or an officer or employee of the agency, shall not 

13 discharge, demote, suspend, reprimand, or in any other way discriminate 

14 against an employee if the discrimination is due, in whole or in part, to the 

15 employee’s lawful, good faith act done, or perceived by the employer to have 

16 been done or about to be done— 

17 (1) to provide information, directly cause information to be provided, 

18 or otherwise directly assist in any investigation regarding any conduct 

19 that the employee reasonably believes constitutes a violation of any 

20 Federal law, rule, or regulation relating to public transportation safety 

21 or security, or fraud, waste, or abuse of Federal grants or other public 

22 funds intended to be used for public transportation safety or security, 

23 if the information or assistance is provided to, or an investigation stem24 ming from the provided information is conducted by— 

25 (A) a Federal, State, or local regulatory or law enforcement 

26 agency (including an office of the Inspector General under the In27 spector General Act of 1978 (Public Law 95–452, 5 U.S.C. 

28 App.)); 

29 (B) a member of Congress, a committee of Congress, or the 

30 Government Accountability Office; or 

31 (C) an individual with supervisory authority over the employee, 

32 or another individual who has the authority to investigate, dis33 cover, or terminate the misconduct; 

34 (2) to refuse to violate or assist in the violation of any Federal law, 

35 rule, or regulation relating to public transportation safety or security; 

36 (3) to file a complaint or directly cause to be brought a proceeding 

37 relating to the enforcement of this section or to testify in that pro38 ceeding; 

39 (4) to cooperate with a safety or security investigation by the Sec40 retary of Transportation, the Secretary, or the National Transportation 

41 Safety Board; or 


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1 (5) to furnish information to the Secretary of Transportation, the 

2 Secretary, the National Transportation Safety Board, or another Fed3 eral, State, or local regulatory or law enforcement agency as to the 

4 facts relating to any accident or incident resulting in injury or death 

5 to an individual or damage to property occurring in connection with 

6 public transportation. 

7 (b) HAZARDOUS SAFETY OR SECURITY CONDITIONS.— 

8 (1) IN GENERAL.—A public transportation agency, a contractor or 

9 a subcontractor of the agency, or an officer or employee of the agency, 

10 shall not discharge, demote, suspend, reprimand, or in any other way 

11 discriminate against an employee for— 

12 (A) reporting a hazardous safety or security condition; 

13 (B) refusing to work when confronted by a hazardous safety or 

14 security condition related to the performance of the employee’s du15 ties, if the conditions described in paragraph (2) exist; or 

16 (C) refusing to authorize the use of any safety- or security-re17 lated equipment, track, or structures, if the employee is respon18 sible for the inspection or repair of the equipment, track, or struc19 tures, when the employee believes that the equipment, track, or 

20 structures are in a hazardous safety or security condition, if the 

21 conditions described in paragraph (2) exist. 

22 (2) PROTECTED REFUSAL.—A refusal is protected under subpara23 graphs (B) and (C) of paragraph (1) if— 

24 (A) the refusal is made in good faith and no reasonable alter25 native to the refusal is available to the employee; 

26 (B) a reasonable individual in the circumstances then con27 fronting the employee would conclude that— 

28 (i) the hazardous condition presents an imminent danger of 

29 death or serious injury; and 

30 (ii) the urgency of the situation does not allow sufficient 

31 time to eliminate the danger without the refusal; and 

32 (C) the employee, where possible, has notified the public trans33 portation agency of the existence of the hazardous condition and 

34 the intention not to perform further work, or not to authorize the 

35 use of the hazardous equipment, track, or structures, unless the 

36 condition is corrected immediately or the equipment, track, or 

37 structures are repaired properly or replaced. 

38 (3) LIMITED APPLICABILITY.—Only paragraph (1)(A) applies to se39 curity personnel, including transit police, employed or utilized by a pub40 lic transportation agency to protect riders, equipment, assets, or facili41 ties. 


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1 (c) ENFORCEMENT ACTION.— 

2 (1) FILING AND NOTIFICATION.—An individual who believes that he 

3 or she has been discharged or otherwise discriminated against by a per4 son in violation of subsection (a) or (b) may, not later than 180 days 

5 after the date on which the violation occurs, file (or have a person file 

6 on his or her behalf) a complaint with the Secretary of Labor alleging 

7 the discharge or discrimination. On receipt of a complaint filed under 

8 this paragraph, the Secretary of Labor shall notify, in writing, the indi9 vidual named in the complaint and the individual’s employer of the fil10 ing of the complaint, the allegations contained in the complaint, the 

11 substance of evidence supporting the complaint, and the opportunities 

12 that will be afforded to the individual under paragraph (2). 

13 (2) INVESTIGATION; PRELIMINARY ORDER.— 

14 (A) IN GENERAL.—Not later than 60 days after the date of re15 ceipt of a complaint filed under paragraph (1) and after affording 

16 the individual named in the complaint an opportunity to submit 

17 to the Secretary of Labor a written response to the complaint and 

18 an opportunity to meet with a representative of the Secretary of 

19 Labor to present statements from witnesses, the Secretary of 

20 Labor shall conduct an investigation and determine whether there 

21 is reasonable cause to believe that the complaint has merit and no22 tify, in writing, the complainant and the person alleged to have 

23 committed a violation of subsection (a) or (b) of the Secretary of 

24 Labor’s findings. If the Secretary of Labor concludes that there 

25 is a reasonable cause to believe that a violation of subsection (a) 

26 or (b) has occurred, the Secretary of Labor shall accompany the 

27 Secretary of Labor’s findings with a preliminary order providing 

28 the relief prescribed by paragraph (3)(B). Not later than 30 days 

29 after the date of notification of findings under this paragraph, ei30 ther the person alleged to have committed the violation or the 

31 complainant may file objections to the findings or preliminary 

32 order, or both, and request a hearing on the record. The filing of 

33 objections shall not operate to stay a reinstatement remedy con34 tained in the preliminary order. Hearings shall be conducted expe35 ditiously. If a hearing is not requested in the 30-day period, the 

36 preliminary order shall be deemed a final order that is not subject 

37 to judicial review. 

38 (B) REQUIREMENTS.— 

39 (i) REQUIRED SHOWING BY COMPLAINANT.—The Secretary 

40 of Labor shall dismiss a complaint filed under this subsection 

41 and shall not conduct an investigation otherwise required 


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1 under subparagraph (A) unless the complainant makes a 

2 prima facie showing that any behavior described in subsection 

3 (a) or (b) was a contributing factor in the unfavorable per4 sonnel action alleged in the complaint. 

5 (ii) SHOWING BY EMPLOYER.—Notwithstanding a finding 

6 by the Secretary of Labor that the complainant has made the 

7 showing required under clause (i), no investigation otherwise 

8 required under paragraph (A) shall be conducted if the em9 ployer demonstrates, by clear and convincing evidence, that 

10 the employer would have taken the same unfavorable per11 sonnel action in the absence of that behavior. 

12 (iii) CRITERION FOR DETERMINATION BY SECRETARY OF

13 LABOR.—The Secretary of Labor may determine that a viola14 tion of subsection (a) or (b) has occurred only if the com15 plainant demonstrates that any behavior described in sub16 section (a) or (b) was a contributing factor in the unfavorable 

17 personnel action alleged in the complaint. 

18 (iv) PROHIBITION.—Relief may not be ordered under para19 graph (A) if the employer demonstrates by clear and con20 vincing evidence that the employer would have taken the same 

21 unfavorable personnel action in the absence of that behavior. 

22 (3) FINAL ORDER.— 

23 (A) DEADLINE FOR ISSUANCE; SETTLEMENT AGREEMENTS.— 

24 Not later than 120 days after the date of conclusion of a hearing 

25 under paragraph (2), the Secretary of Labor shall issue a final 

26 order providing the relief prescribed by this paragraph or denying 

27 the complaint. At any time before issuance of a final order, a pro28 ceeding under this subsection may be terminated on the basis of 

29 a settlement agreement entered into by the Secretary of Labor, 

30 the complainant, and the person alleged to have committed the 

31 violation. 

32 (B) REMEDY.—If, in response to a complaint filed under para33 graph (1), the Secretary of Labor determines that a violation of 

34 subsection (a) or (b) has occurred, the Secretary of Labor shall 

35 order the person who committed the violation to— 

36 (i) take affirmative action to abate the violation; and 

37 (ii) provide the remedies described in subsection (d). 

38 (C) ORDER.—If an order is issued under subparagraph (B), the 

39 Secretary of Labor, at the request of the complainant, shall assess 

40 against the person against whom the order is issued a sum equal 

41 to the aggregate amount of all costs and expenses (including attorVerDate Sep 11 2014 18:05 Jun 12, 2018 Jkt 079200 PO 00000 Frm 00517 Fmt 6652 Sfmt 6221 E:\BILLS\H6063.IH H6063

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1 ney and expert witness fees) reasonably incurred, as determined 

2 by the Secretary of Labor, by the complainant for, or in connec3 tion with, bringing the complaint on which the order was issued. 

4 (D) FRIVOLOUS COMPLAINTS.—If the Secretary of Labor finds 

5 that a complaint under paragraph (1) is frivolous or has been 

6 brought in bad faith, the Secretary of Labor may award to the 

7 prevailing employer reasonable attorney fees not exceeding $1,000. 

8 (4) REVIEW.— 

9 (A) APPEAL TO COURT OF APPEALS.—A person adversely af10 fected or aggrieved by an order issued under paragraph (3) may 

11 obtain review of the order in the United States Court of Appeals 

12 for the circuit in which the violation, with respect to which the 

13 order was issued, allegedly occurred or the circuit in which the 

14 complainant resided on the date of the violation. The petition for 

15 review must be filed not later than 60 days after the date of the 

16 issuance of the final order of the Secretary of Labor. Review shall 

17 conform to chapter 7 of title 5. The commencement of proceedings 

18 under this subparagraph shall not, unless ordered by the court, 

19 operate as a stay of the order. 

20 (B) LIMITATION ON COLLATERAL ATTACK.—An order of the 

21 Secretary of Labor with respect to which review could have been 

22 obtained under subparagraph (A) shall not be subject to judicial 

23 review in any criminal or other civil proceeding. 

24 (5) ENFORCEMENT OF ORDER BY SECRETARY OF LABOR.—When a 

25 person fails to comply with an order issued under paragraph (3), the 

26 Secretary of Labor may file a civil action in the United States district 

27 court for the district in which the violation was found to occur to en28 force the order. In actions brought under this paragraph, the district 

29 courts have jurisdiction to grant all appropriate relief including injunc30 tive relief and compensatory damages. 

31 (6) ENFORCEMENT OF ORDER BY PARTIES.— 

32 (A) COMMENCEMENT OF ACTION.—An individual on whose be33 half an order was issued under paragraph (3) may commence a 

34 civil action against the person to whom the order was issued to 

35 require compliance with the order. The appropriate United States 

36 district court has jurisdiction, without regard to the amount in 

37 controversy or the citizenship of the parties, to enforce the order. 

38 (B) ATTORNEY FEES.—The court, in issuing a final order under 

39 this paragraph, may award costs of litigation (including reasonable 

40 attorney and expert witness fees) to any party when the court de41 termines an award is appropriate. 


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1 (7) DE NOVO REVIEW.—With respect to a complaint under para2 graph (1), if the Secretary of Labor has not issued a final decision 

3 within 210 days after the filing of the complaint and if the delay is 

4 not due to the bad faith of the employee, the employee may bring an 

5 original action at law or equity for de novo review in the appropriate 

6 district court of the United States, which has jurisdiction over the ac7 tion without regard to the amount in controversy, and which action 

8 shall, at the request of either party to the action, be tried by the court 

9 with a jury. The action shall be governed by the same legal burdens 

10 of proof specified in paragraph (2)(B) for review by the Secretary of 

11 Labor. 

12 (d) REMEDIES.— 

13 (1) IN GENERAL.—An employee prevailing in any action under sub14 section (c) is entitled to all relief necessary to make the employee 

15 whole. 

16 (2) DAMAGES.—Relief in an action under subsection (c) (including 

17 an action described in subsection (c)(7)) includes— 

18 (A) reinstatement with the same seniority status that the em19 ployee would have had, but for the discrimination; 

20 (B) any backpay, with interest; and 

21 (C) compensatory damages, including compensation for any spe22 cial damages sustained as a result of the discrimination, including 

23 litigation costs, expert witness fees, and reasonable attorney fees. 

24 (3) PUNITIVE DAMAGES.—Relief in an action under subsection (c) 

25 may include punitive damages in an amount not to exceed $250,000. 

26 (e) ELECTION OF REMEDIES.—An employee may not seek protection 

27 under both this section and another provision of law for the same allegedly 

28 unlawful act of the public transportation agency. 

29 (f) NO PREEMPTION.—Nothing in this section preempts or diminishes 

30 any other safeguards against discrimination, demotion, discharge, suspen31 sion, threats, harassment, reprimand, retaliation, or other manner of dis32 crimination provided by Federal or State law. 

33 (g) RIGHTS RETAINED BY EMPLOYEE.—Nothing in this section shall be 

34 construed to diminish the rights, privileges, or remedies of an employee 

35 under Federal or State law or under a collective bargaining agreement. The 

36 rights and remedies in this section may not be waived by an agreement, pol37 icy, form, or condition of employment. 

38 (h) DISCLOSURE OF IDENTITY.— 

39 (1) IN GENERAL.—Except as provided in paragraph (2), or with the 

40 written consent of the employee, the Secretary of Transportation or the 


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1 Secretary may not disclose the name of an employee who has provided 

2 information described in subsection (a)(1). 

3 (2) EXCEPTION.— The Secretary of Transportation or the Secretary 

4 shall disclose to the Attorney General the name of an employee de5 scribed in paragraph (1) if the matter is referred to the Attorney Gen6 eral for enforcement. The Secretary making the disclosure shall provide 

7 reasonable advance notice to the affected employee if disclosure of that 

8 individual’s identity or identifying information is to occur. 

9 (i) PROCESS FOR REPORTING SECURITY PROBLEMS TO THE DEPART10 MENT.— 

11 (1) ESTABLISHMENT OF PROCESS.—The Secretary shall establish 

12 through regulations after an opportunity for notice and comment, and 

13 provide information to the public regarding, a process by which a per14 son may submit a report to the Secretary regarding public transpor15 tation security problems, deficiencies, or vulnerabilities. 

16 (2) ACKNOWLEDGMENT OF RECEIPT.—If a report submitted under 

17 paragraph (1) identifies the person making the report, the Secretary 

18 shall respond promptly to the person and acknowledge receipt of the 

19 report. 

20 (3) STEPS TO ADDRESS PROBLEM.—The Secretary shall review and 

21 consider the information provided in a report submitted under para22 graph (1) and shall take appropriate steps to address any problems or 

23 deficiencies identified. 

24 § 40511. Security background checks of covered individuals 

25 for public transportation 

26 (a) DEFINITIONS.—In this section: 

27 (1) COVERED INDIVIDUAL.—The term ‘‘covered individual’’ means 

28 an employee of a public transportation agency or a contractor or sub29 contractor of a public transportation agency. 

30 (2) SECURITY BACKGROUND CHECK.—The term ‘‘security back31 ground check’’ means reviewing the following for the purpose of identi32 fying an individual who may pose a threat to transportation security, 

33 national security, or of terrorism: 

34 (A) Relevant criminal history databases. 

35 (B) In the case of an alien (as defined in section 101 of the 

36 Immigration and Nationality Act (8 U.S.C. 1101)), the relevant 

37 databases to determine the status of the alien under the immigra38 tion laws of the United States. 

39 (C) Other relevant information or databases, as determined by 

40 the Secretary. 

41 (b) GUIDANCE.— 


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1 (1) IN GENERAL.—Guidance, recommendations, suggested action 

2 items, and other widely disseminated voluntary action items issued by 

3 the Secretary to a public transportation agency or a contractor or sub4 contractor of a public transportation agency relating to performing a 

5 security background check of a covered individual shall contain rec6 ommendations on the appropriate scope and application of a security 

7 background check, including the time period covered, the types of dis8 qualifying offenses, and a redress process for adversely impacted cov9 ered individuals consistent with subsections (c) and (d). 

10 (2) ADEQUATE REDRESS PROCESS.—If a public transportation agen11 cy or a contractor or subcontractor of a public transportation agency 

12 performs a security background check on a covered individual to fulfill 

13 guidance issued by the Secretary under paragraph (1), the Secretary 

14 shall not consider the guidance fulfilled unless an adequate redress 

15 process as described in subsection (d) is provided to covered individ16 uals. 

17 (c) REQUIREMENTS.—If the Secretary issues a rule, regulation or direc18 tive requiring a public transportation agency or contractor or subcontractor 

19 of a public transportation agency to perform a security background check 

20 of a covered individual, then the Secretary shall prohibit a public transpor21 tation agency or contractor or subcontractor of a public transportation 

22 agency from making an adverse employment decision, including removal or 

23 suspension of the employee, due to the rule, regulation, or directive with re24 spect to a covered individual unless the public transportation agency or con25 tractor or subcontractor of a public transportation agency determines that 

26 the covered individual— 

27 (1) has been convicted of, has been found not guilty of by reason 

28 of insanity, or is under want, warrant, or indictment for a permanent 

29 disqualifying criminal offense listed in part 1572 of title 49, Code of 

30 Federal Regulations; 

31 (2) was convicted of or found not guilty by reason of insanity of an 

32 interim disqualifying criminal offense listed in part 1572 of title 49, 

33 Code of Federal Regulations, within 7 years of the date that the public 

34 transportation agency or contractor or subcontractor of the public 

35 transportation agency performs the security background check; or 

36 (3) was incarcerated for an interim disqualifying criminal offense 

37 listed in part 1572 of title 49, Code of Federal Regulations, and re38 leased from incarceration within 5 years of the date that the public 

39 transportation agency or contractor or subcontractor of a public trans40 portation agency performs the security background check. 


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1 (d) REDRESS PROCESS.—If the Secretary issues a rule, regulation, or di2 rective requiring a public transportation agency or contractor or subcon3 tractor of a public transportation agency to perform a security background 

4 check of a covered individual, the Secretary shall— 

5 (1) provide an adequate redress process for a covered individual sub6 jected to an adverse employment decision, including removal or suspen7 sion of the employee, due to the rule, regulation, or directive that is 

8 consistent with the appeals and waiver process established for appli9 cants for commercial motor vehicle hazardous materials endorsements 

10 and transportation workers at ports, as required by section 70105(c) 

11 of title 46; and 

12 (2) have the authority to order an appropriate remedy, including re13 instatement of the covered individual, should the Secretary determine 

14 that a public transportation agency or contractor or subcontractor of 

15 a public transportation agency wrongfully made an adverse employment 

16 decision regarding a covered individual pursuant to the rule, regulation, 

17 or directive. 

18 (e) FALSE STATEMENTS.—A public transportation agency or a contractor 

19 or subcontractor of a public transportation agency may not knowingly mis20 represent to an employee or other relevant person, including an arbiter in21 volved in a labor arbitration, the scope, application, or meaning of rules, 

22 regulations, directives, or guidance issued by the Secretary related to secu23 rity background check requirements for covered individuals when conducting 

24 a security background check. The Secretary shall issue a regulation that 

25 prohibits a public transportation agency or a contractor or subcontractor of 

26 a public transportation agency from knowingly misrepresenting to an em27 ployee or other relevant person, including an arbiter involved in a labor arbi28 tration, the scope, application, or meaning of rules, regulations, directives, 

29 or guidance issued by the Secretary related to security background check 

30 requirements for covered individuals when conducting a security background 

31 check. 

32 (f) RIGHTS AND RESPONSIBILITIES.—Nothing in this section shall be 

33 construed to abridge a public transportation agency’s or a contractor or 

34 subcontractor of a public transportation agency’s rights or responsibilities 

35 to make adverse employment decisions permitted by other Federal, State, 

36 or local laws. Nothing in the section shall be construed to abridge rights 

37 and responsibilities of covered individuals, a public transportation agency, 

38 or a contractor or subcontractor of a public transportation agency under 

39 any other Federal, State, or local laws or collective bargaining agreement. 

40 (g) NO PREEMPTION OF FEDERAL OR STATE LAW.—Nothing in this sec41 tion shall be construed to preempt a Federal, State, or local law that reVerDate Sep 11 2014 18:05 Jun 12, 2018 Jkt 079200 PO 00000 Frm 00522 Fmt 6652 Sfmt 6221 E:\BILLS\H6063.IH H6063

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1 quires criminal history background checks, immigration status checks, or 

2 other background checks of covered individuals. 

3 (h) STATUTORY CONSTRUCTION.—Nothing in this section shall be con4 strued to affect the process for review established under section 70105(c) 

5 of title 46, including regulations issued under that section. 

6 § 40512. Limitation on fines and civil penalties 

7 (a) INSPECTORS.—Surface transportation inspectors shall be prohibited 

8 from issuing fines to public transportation agencies for violations of the De9 partment’s regulations or orders except through the process described in 

10 subsection (b) 

11 (b) CIVIL PENALTIES.—The Secretary shall be prohibited from assessing 

12 civil penalties against public transportation agencies for violations of the 

13 Department’s regulations or orders, except in accordance with the following: 

14 (1) VIOLATION OF REGULATION OR ORDER.—In the case of a public 

15 transportation agency that is found to be in violation of a regulation 

16 or order issued by the Secretary, the Secretary shall seek correction of 

17 the violation through a written notice to the public transportation agen18 cy and shall give the public transportation agency reasonable oppor19 tunity to correct the violation or propose an alternative means of com20 pliance acceptable to the Secretary. 

21 (2) NO CORRECTION OR PROPOSED ALTERNATIVE COMPLIANCE.—If 

22 the public transportation agency does not correct the violation or pro23 pose an alternative means of compliance acceptable to the Secretary 

24 within a reasonable time period that is specified in the written notice, 

25 the Secretary may take an action authorized in chapter 113 of this 

26 title. 

27 (c) LIMITATION ON SECRETARY.—The Secretary shall not initiate civil 

28 enforcement actions for violations of administrative and procedural require29 ments pertaining to the application for and expenditure of funds awarded 

30 under transportation security grant programs under this chapter. 

31 Chapter 407—Surface Transportation 

32 Security 

Sec. 

Subchapter I—General 

40701. Definitions. 

40702. Oversight and grant procedures. 

40703. Public awareness and outreach. 

Subchapter II—Railroad Security 

40711. Railroad transportation security risk assessment and National Strategy. 

40712. Railroad carrier assessments and plans. 

40713. Railroad security assistance. 

40714. Systemwide Amtrak security upgrades. 

40715. Railroad carrier exercises. 

40716. Railroad security training program. 

40717. Railroad security research and development. 

40718. Railroad tank car security testing. 

40719. Security background checks of covered individuals. 


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40720. International railroad security program. 

Subchapter III—Over-the-Road Bus Security 

40731. Assessments and plans. 

40732. Assistance. 

40733. Exercises. 

40734. Training program. 

40735. Research and development. 

Subchapter IV—Hazardous Material and Pipeline Security 

40741. Railroad routing of security-sensitive materials. 

40742. Railroad security-sensitive material tracking. 

40743. Motor carrier security-sensitive material tracking. 

40744. Use of transportation security card in hazmat licensing. 

40745. Pipeline security inspections and enforcement. 

40746. Pipeline security and incident recovery plan. 

1 Subchapter I—General 

2 § 40701. Definitions 

3 In this chapter: 

4 (1) AMTRAK.—The term ‘‘Amtrak’’ means the National Railroad 

5 Passenger Corporation. 

6 (2) APPROPRIATE CONGRESSIONAL COMMITTEE.—The term ‘‘appro7 priate congressional committee’’ means the Committee on Commerce, 

8 Science, and Transportation and the Committee on Homeland Security 

9 and Governmental Affairs of the Senate and the Committee on Home10 land Security and the Committee on Transportation and Infrastructure 

11 of the House. 

12 (3) DISADVANTAGED BUSINESS CONCERN.—The term ‘‘disadvan13 taged business concern’’ means a small business that is owned and con14 trolled by socially and economically disadvantaged individuals as de15 fined in part 124, title 13, Code of Federal Regulations. 

16 (4) OVER-THE-ROAD BUS.—The term ‘‘over-the-road bus’’ means a 

17 bus characterized by an elevated passenger deck located over a baggage 

18 compartment. 

19 (5) OVER-THE-ROAD BUS FRONTLINE EMPLOYEE.—The term ‘‘over20 the-road bus frontline employee’’ means an over-the-road bus driver, se21 curity employee, dispatcher, maintenance or maintenance support em22 ployee, ticket agent, other terminal employee, or any other employee of 

23 an over-the-road bus operator or terminal owner or operator that the 

24 Secretary determines should receive security training under this title. 

25 (6) RAILROAD.—The term ‘‘railroad’’ has the meaning given the 

26 term in section 20102 of title 49. 

27 (7) RAILROAD CARRIER.—The term ‘‘railroad carrier’’ has the mean28 ing given the term in section 20102 of title 49. 

29 (8) RAILROAD FRONTLINE EMPLOYEE.—The term ‘‘railroad frontline 

30 employee’’ means a security employee, dispatcher, locomotive engineer, 

31 conductor, trainman, other onboard employee, maintenance or mainte32 nance support employee, bridge tender, or any other employee of a railVerDate Sep 11 2014 18:05 Jun 12, 2018 Jkt 079200 PO 00000 Frm 00524 Fmt 6652 Sfmt 6221 E:\BILLS\H6063.IH H6063

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1 road carrier that the Secretary determines should receive security 

2 training under this chapter. 

3 (9) SECURITY-SENSITIVE MATERIAL.—The term ‘‘security-sensitive 

4 material’’ means a material, or a group or class of material, in a par5 ticular amount and form that the Secretary, in consultation with the 

6 Secretary of Transportation, determines, through a rulemaking with 

7 opportunity for public comment, poses a significant risk to national se8 curity while being transported in commerce due to the potential use of 

9 the material in an act of terrorism. In making a designation, the Sec10 retary shall, at a minimum, consider the following: 

11 (A) Class 7 radioactive materials. 

12 (B) Division 1.1, 1.2, or 1.3 explosives. 

13 (C) Materials poisonous or toxic by inhalation, including Divi14 sion 2.3 gases and Division 6.1 materials. 

15 (D) A select agent or toxin regulated by the Centers for Disease 

16 Control and Prevention under part 73 of title 42, Code of Federal 

17 Regulations. 

18 (10) STATE.—The term ‘‘State’’ means a State, the District of Co19 lumbia, Puerto Rico, the Northern Mariana Islands, the Virgin Islands, 

20 Guam, American Samoa, and any other territory (including a posses21 sion) of the United States. 

22 (11) TERRORISM.—The term ‘‘terrorism’’ has the meaning given the 

23 term in section 10101 of this title. 

24 (12) TRANSPORTATION.—The term ‘‘transportation’’, as used with 

25 respect to an over-the-road bus, means the movement of passengers or 

26 property by an over-the-road bus— 

27 (A) in the jurisdiction of the United States between a place in 

28 a State and a place outside the State (including a place outside 

29 the United States); or 

30 (B) in a State that affects trade, traffic, and transportation de31 scribed in subparagraph (A). 

32 (13) UNITED STATES.—The term ‘‘United States’’ means the States, 

33 the District of Columbia, Puerto Rico, the Northern Mariana Islands, 

34 the Virgin Islands, Guam, American Samoa, and any other territory 

35 (including a possession) of the United States. 

36 § 40702. Oversight and grant procedures 

37 (a) SECRETARIAL OVERSIGHT.—The Secretary, in coordination with the 

38 Secretary of Transportation for grants awarded to Amtrak, shall establish 

39 necessary procedures, including monitoring and audits, to ensure that 

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1 poses of this chapter and the priorities and other criteria developed by the 

2 Secretary. 

3 (b) ADDITIONAL AUDITS AND REVIEWS.—The Secretary, and the Sec4 retary of Transportation for grants awarded to Amtrak, may award con5 tracts to undertake additional audits and reviews of the safety, security, 

6 procurement, management, and financial compliance of a recipient of 

7 amounts under this chapter. 

8 (c) PROCEDURES FOR GRANT AWARD.—The Secretary shall prescribe 

9 procedures and schedules for the awarding of grants under this chapter, in10 cluding application and qualification procedures, and a record of decision on 

11 applicant eligibility. The procedures shall include the execution of a grant 

12 agreement between the grant recipient and the Secretary and shall be con13 sistent, to the extent practicable, with the grant procedures established 

14 under section 70107(i) and (j) of title 46. 

15 (d) ADDITIONAL AUTHORITY.— 

16 (1) ISSUANCE.—The Secretary may issue non-binding letters of in17 tent to recipients of a grant under this chapter, to commit funding 

18 from future budget authority of an amount, not more than the Federal 

19 Government’s share of the project’s cost, for a capital improvement 

20 project. 

21 (2) SCHEDULE.—The letter of intent under this subsection shall es22 tablish a schedule under which the Secretary will reimburse the recipi23 ent for the Government’s share of the project’s costs, as amounts be24 come available, if the recipient, after the Secretary issues that letter, 

25 carries out the project without receiving amounts under a grant issued 

26 under this chapter. 

27 (3) NOTICE TO SECRETARY.—A recipient that has been issued a let28 ter of intent under this section shall notify the Secretary of the recipi29 ent’s intent to carry out a project before the project begins. 

30 (4) NOTICE TO CONGRESS.—The Secretary shall transmit to the ap31 propriate congressional committees a written notification at least 5 

32 days before the issuance of a letter of intent under this subsection. 

33 (5) LIMITATIONS.—A letter of intent issued under this subsection is 

34 not an obligation of the Federal Government under section 1501 of 

35 title 31, and the letter is not deemed to be an administrative commit36 ment for financing. An obligation or administrative commitment may 

37 be made only as amounts are provided in authorization and appropria38 tions laws. 

39 (e) RETURN OF MISSPENT GRANT FUNDS.—As part of the grant agree40 ment under subsection (c), the Secretary shall require grant applicants to 

41 return misspent grant funds received under this chapter that the Secretary 


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1 considers to have been spent for a purpose other than those specified in the 

2 grant award. The Secretary shall take all necessary actions to recover those 

3 funds. 

4 (f) CONGRESSIONAL NOTIFICATION.—Not later than 5 days before the 

5 award of a grant is made under this chapter, the Secretary shall notify the 

6 appropriate congressional committees of the intent to award the grant. 

7 (g) GUIDELINES.—The Secretary shall ensure, to the extent practicable, 

8 that grant recipients under this chapter who use contractors or subcontrac9 tors use small, minority, women-owned, or disadvantaged business concerns 

10 as contractors or subcontractors when appropriate. 

11 § 40703. Public awareness and outreach 

12 The Secretary shall implement a national plan for railroad and over-the13 road bus security public outreach and awareness. The plan shall— 

14 (1) be designed to increase awareness of measures that the general 

15 public, passengers, and employees of railroad carriers and over-the-road 

16 bus operators can take to increase the security of the national railroad 

17 and over-the-road bus transportation systems; and 

18 (2) provide outreach to railroad carriers and over-the-road bus oper19 ators and their employees to improve their awareness of available tech20 nologies, ongoing research and development efforts, and available Fed21 eral funding sources to improve security. 

22 Subchapter II—Railroad Security 

23 § 40711. Railroad transportation security risk assessment 

24 and National Strategy 

25 (a) RISK ASSESSMENT.—The Secretary shall establish a Federal task 

26 force, including the Transportation Security Administration and other agen27 cies in the Department, the Department of Transportation, and other ap28 propriate Federal agencies, to complete a nationwide risk assessment of a 

29 terrorist attack on railroad carriers. The assessment shall include— 

30 (1) a methodology for conducting the risk assessment, including 

31 timelines, that addresses how the Department will work with the enti32 ties described in subsection (c) and make use of existing Federal exper33 tise in the Department, the Department of Transportation, and other 

34 appropriate agencies; 

35 (2) identification and evaluation of critical assets and infrastructure, 

36 including tunnels used by railroad carriers in high-threat urban areas; 

37 (3) identification of risks to those assets and infrastructure; 

38 (4) identification of risks that are specific to the transportation of 

39 hazardous materials via railroad; 


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1 (5) identification of risks to passenger and cargo security, transpor2 tation infrastructure protection systems, operations, communications 

3 systems, and any other area identified by the assessment; 

4 (6) an assessment of employee training and emergency response 

5 planning; 

6 (7) an assessment of public and private operational recovery plans, 

7 taking into account the plans for the maritime sector required under 

8 section 70103 of title 46, to expedite, to the maximum extent prac9 ticable, the return of an adversely affected railroad transportation sys10 tem or facility to its normal performance level after a major terrorist 

11 attack or other security event on that system or facility; and 

12 (8) an account of actions taken or planned by both public and pri13 vate entities to address identified railroad security issues and an as14 sessment of the effective integration of the actions. 

15 (b) NATIONAL STRATEGY.— 

16 (1) REQUIREMENT.—Based upon the assessment conducted under 

17 subsection (a), the Secretary, consistent with and as required by sec18 tion 11314 of this title, shall develop and implement the modal plan 

19 for railroad transportation, entitled the ‘‘National Strategy for Rail20 road Transportation Security’’. 

21 (2) CONTENTS.—The modal plan shall include prioritized goals, ac22 tions, objectives, policies, mechanisms, and schedules for, at a min23 imum— 

24 (A) improving the security of railroad tunnels, railroad bridges, 

25 railroad switching and car storage areas, other railroad infrastruc26 ture and facilities, information systems, and other areas identified 

27 by the Secretary as posing significant railroad-related risks to 

28 public safety and the movement of interstate commerce, taking 

29 into account the impact that a proposed security measure might 

30 have on the provision of railroad service or on operations served 

31 or otherwise affected by railroad service; 

32 (B) deploying equipment and personnel to detect security 

33 threats, including those posed by explosives and hazardous chem34 ical, biological, and radioactive substances, and appropriate coun35 termeasures; 

36 (C) consistent with section 40716 of this title, training railroad 

37 employees in terrorism prevention, preparedness, passenger evacu38 ation, and response activities; 

39 (D) conducting public outreach campaigns for railroads regard40 ing security, including educational initiatives designed to inform 


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1 the public on how to prevent, prepare for, respond to, and recover 

2 from a terrorist attack on railroad transportation; 

3 (E) providing additional railroad security support for railroads 

4 at high or severe threat levels of alert; 

5 (F) ensuring, in coordination with freight and intercity and 

6 commuter passenger railroads, the continued movement of freight 

7 and passengers in the event of an attack affecting the railroad sys8 tem, including the possibility of rerouting traffic due to the loss 

9 of critical infrastructure, such as a bridge, tunnel, yard, or station; 

10 (G) coordinating existing and planned railroad security initia11 tives undertaken by the public and private sectors; 

12 (H) assessing— 

13 (i) the usefulness of covert testing of railroad security sys14 tems; 

15 (ii) the ability to integrate security into infrastructure de16 sign; and 

17 (iii) the implementation of random searches of passengers 

18 and baggage; and 

19 (I) identifying the immediate and long-term costs of measures 

20 that may be required to address those risks and public- and pri21 vate-sector sources to fund the measures. 

22 (3) RESPONSIBILITIES.—The Secretary shall include in the modal 

23 plan a description of the roles, responsibilities, and authorities of Fed24 eral, State, and local agencies, government-sponsored entities, tribal 

25 governments, and appropriate stakeholders described in subsection (c). 

26 The plan also shall include— 

27 (A) the identification of, and a plan to address, gaps and unnec28 essary overlaps in the roles, responsibilities, and authorities de29 scribed in this paragraph; 

30 (B) a methodology for how the Department will work with the 

31 entities described in subsection (c), and make use of existing Fed32 eral expertise within the Department, the Department of Trans33 portation, and other appropriate agencies; 

34 (C) a process for facilitating security clearances for the purpose 

35 of intelligence and information sharing with the entities described 

36 in subsection (c), as appropriate; 

37 (D) a strategy and timeline, coordinated with the research and 

38 development program established under section 40717 of this title, 

39 for the Department, the Department of Transportation, other ap40 propriate Federal agencies, and private entities to research and 

41 develop new technologies for securing railroad systems; and 


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1 (E) a process for coordinating existing or future security strate2 gies and plans for railroad transportation, including— 

3 (i) the National Infrastructure Protection Plan required by 

4 Homeland Security Presidential Directive–7; 

5 (ii) Executive Order No. 13416, 71 Fed. Reg. 71033 (Dec. 

6 5, 2006); and 

7 (iii) the Memorandum of Understanding between the De8 partment and the Department of Transportation on Roles 

9 and Responsibilities, dated September 28, 2004, subsequent 

10 annexes to this Memorandum of Understanding, and other 

11 relevant agreements between the two Departments. 

12 (c) CONSULTATION WITH STAKEHOLDERS.—In developing the National 

13 Strategy required under this section, the Secretary shall consult with rail14 road management, nonprofit employee organizations representing railroad 

15 employees, owners or lessors of railroad cars used to transport hazardous 

16 materials, emergency responders, offerors of security-sensitive materials, 

17 public safety officials, and other relevant parties. 

18 (d) ADEQUACY OF EXISTING PLANS AND STRATEGIES.—In developing 

19 the risk assessment and National Strategy required under this section, the 

20 Secretary shall utilize relevant existing plans, strategies, and risk assess21 ments developed by the Department or other Federal agencies, including 

22 those developed or implemented under section 11314 of this title, or Home23 land Security Presidential Directive–7, and, as appropriate, assessments de24 veloped by other public and private stakeholders. 

25 (e) ANNUAL UPDATES.—Consistent with the requirements of section 

26 11314 of this title, the Secretary shall update the assessment and National 

27 Strategy each year and transmit a report, which may be submitted in both 

28 classified and redacted formats, to the appropriate congressional committees 

29 containing the updated assessment and recommendations. 

30 § 40712. Railroad carrier assessments and plans 

31 (a) IN GENERAL.—The Secretary shall issue regulations that— 

32 (1) require each railroad carrier assigned to a high-risk tier under 

33 this section to— 

34 (A) conduct a vulnerability assessment under subsections (c) 

35 and (d); and 

36 (B) prepare, submit to the Secretary for approval, and imple37 ment a security plan under this section that addresses security 

38 performance requirements; and 

39 (2) establish standards and guidelines, based on and consistent with 

40 the risk assessment and National Strategy for Railroad Transportation 

41 Security developed under section 40711 of this title, for developing and 


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1 implementing the vulnerability assessments and security plans for rail2 road carriers assigned to high-risk tiers. 

3 (b) NON HIGH-RISK PROGRAMS.—The Secretary may establish a security 

4 program for railroad carriers not assigned to a high-risk tier, including— 

5 (1) guidance for the carriers in conducting vulnerability assessments 

6 and preparing and implementing security plans, as determined appro7 priate by the Secretary; and 

8 (2) a process to review and approve the assessments and plans, as 

9 appropriate. 

10 (c) SUBMISSION OF ASSESSMENTS AND SECURITY PLANS.—The vulner11 ability assessments and security plans required by the regulations for rail12 road carriers assigned to a high-risk tier shall be completed and submitted 

13 to the Secretary for review and approval. 

14 (d) VULNERABILITY ASSESSMENTS.— 

15 (1) REQUIREMENTS.—The Secretary shall provide technical assist16 ance and guidance to railroad carriers in conducting vulnerability as17 sessments under this section and shall require that each vulnerability 

18 assessment of a railroad carrier assigned to a high-risk tier under this 

19 section, include, as applicable— 

20 (A) identification and evaluation of critical railroad carrier as21 sets and infrastructure, including platforms, stations, intermodal 

22 terminals, tunnels, bridges, switching and storage areas, and infor23 mation systems as appropriate; 

24 (B) identification of the vulnerabilities of those assets and infra25 structure; 

26 (C) identification of strengths and weaknesses in— 

27 (i) physical security; 

28 (ii) passenger and cargo security, including the security of 

29 security-sensitive materials being transported by railroad or 

30 stored on railroad property; 

31 (iii) programmable electronic devices, computers, or other 

32 automated systems which are used in providing the transpor33 tation; 

34 (iv) alarms, cameras, and other protection systems; 

35 (v) communications systems and utilities needed for rail36 road security purposes, including dispatching and notification 

37 systems; 

38 (vi) emergency response planning; 

39 (vii) employee training; and 

40 (viii) other matters the Secretary determines appropriate; 

41 and 


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1 (D) identification of redundant and backup systems required to 

2 ensure the continued operation of critical elements of a railroad 

3 carrier’s system in the event of an attack or other incident, includ4 ing disruption of commercial electric power or a communications 

5 network. 

6 (2) THREAT INFORMATION.—The Secretary shall provide in a timely 

7 manner to the appropriate employees of a railroad carrier, as des8 ignated by the railroad carrier, threat information that is relevant to 

9 the carrier when preparing and submitting a vulnerability assessment 

10 and security plan, including an assessment of the most likely methods 

11 that could be used by terrorists to exploit weaknesses in railroad secu12 rity. 

13 (e) SECURITY PLANS.— 

14 (1) REQUIREMENTS.—The Secretary shall provide technical assist15 ance and guidance to railroad carriers in preparing and implementing 

16 security plans under this section, and shall require that each security 

17 plan of a railroad carrier assigned to a high-risk tier under this section 

18 include, as applicable— 

19 (A) identification of a security coordinator having authority— 

20 (i) to implement security actions under the plan; 

21 (ii) to coordinate security improvements; and 

22 (iii) to receive immediate communications from appropriate 

23 Federal officials regarding railroad security; 

24 (B) a list of needed capital and operational improvements; 

25 (C) procedures to be implemented or used by the railroad car26 rier in response to a terrorist attack, including evacuation and 

27 passenger communication plans that include individuals with dis28 abilities as appropriate; 

29 (D) identification of steps taken with State and local law en30 forcement agencies, emergency responders, and Federal officials to 

31 coordinate security measures and plans for response to a terrorist 

32 attack; 

33 (E) a strategy and timeline for conducting training under sec34 tion 40716 of this title; 

35 (F) enhanced security measures to be taken by the railroad car36 rier when the Secretary declares a period of heightened security 

37 risk; 

38 (G) plans for providing redundant and backup systems required 

39 to ensure the continued operation of critical elements of the rail40 road carrier’s system in the event of a terrorist attack or other 

41 incident; 


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1 (H) a strategy for implementing enhanced security for ship2 ments of security-sensitive materials, including plans for quickly 

3 locating and securing the shipments in the event of a terrorist at4 tack or security incident; and 

5 (I) other actions or procedures the Secretary determines are ap6 propriate to address the security of railroad carriers. 

7 (2) SECURITY COORDINATOR REQUIREMENTS.—The Secretary shall 

8 require that the individual serving as the security coordinator identified 

9 in paragraph (1)(A) is a citizen of the United States. The Secretary 

10 may waive this requirement with respect to an individual if the Sec11 retary determines that it is appropriate to do so based on a background 

12 check of the individual and a review of the consolidated terrorist 

13 watchlist. 

14 (3) CONSISTENCY WITH OTHER PLANS.—The Secretary shall ensure 

15 that the security plans developed by railroad carriers under this section 

16 are consistent with the risk assessment and National Strategy for Rail17 road Transportation Security developed under section 40711 of this 

18 title. 

19 (f) DEADLINE FOR REVIEW PROCESS.—Not later than 6 months after re20 ceiving the assessments and plans required under this section, the Secretary 

21 shall— 

22 (1) review each vulnerability assessment and security plan submitted 

23 to the Secretary under subsection (c); 

24 (2) require amendments to a security plan that does not meet the 

25 requirements of this section; and 

26 (3) approve a vulnerability assessment or security plan that meets 

27 the requirements of this section. 

28 (g) TIER ASSIGNMENT.— 

29 (1) IN GENERAL.—Utilizing the risk assessment and National Strat30 egy for Railroad Transportation Security required under section 40711 

31 of this title, the Secretary shall assign each railroad carrier to a risk32 based tier established by the Secretary. 

33 (2) PROVIDING INFORMATION.—The Secretary may request, and a 

34 railroad carrier shall provide, information necessary for the Secretary 

35 to assign a railroad carrier to the appropriate tier under this sub36 section. 

37 (3) NOTIFICATION.—Not later than 60 days after the date a railroad 

38 carrier is assigned to a tier under this subsection, the Secretary shall 

39 notify the railroad carrier of the tier to which it is assigned and the 

40 reasons for the assignment. 


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1 (4) HIGH-RISK TIERS.—At least one of the tiers established by the 

2 Secretary under this subsection shall be designated a tier for high-risk 

3 railroad carriers. 

4 (5) REASSIGNMENT.—The Secretary may reassign a railroad carrier 

5 to another tier, as appropriate, in response to changes in risk. The Sec6 retary shall notify the railroad carrier not later than 60 days after the 

7 reassignment and provide the railroad carrier with the reasons for the 

8 reassignment. 

9 (h) NONDISCLOSURE OF INFORMATION.— 

10 (1) SUBMISSION OF INFORMATION TO CONGRESS.—Nothing in this 

11 section shall be construed as authorizing the withholding of information 

12 from Congress. 

13 (2) DISCLOSURE OF INDEPENDENTLY FURNISHED INFORMATION.— 

14 Nothing in this section shall be construed as affecting the authority or 

15 obligation of a Federal agency to disclose a record or information that 

16 the Federal agency obtains from a railroad carrier under another Fed17 eral law. 

18 (i) EXISTING PROCEDURES, PROTOCOLS, AND STANDARDS.— 

19 (1) DETERMINATION.—In response to a petition by a railroad carrier 

20 or at the discretion of the Secretary, the Secretary may determine that 

21 existing procedures, protocols, and standards meet all or part of the 

22 requirements of this section, including regulations issued under sub23 section (a), regarding vulnerability assessments and security plans. 

24 (2) ELECTION.—Upon review and written determination by the Sec25 retary that existing procedures, protocols, or standards of a railroad 

26 carrier satisfy the requirements of this section, the railroad carrier may 

27 elect to comply with those procedures, protocols, or standards instead 

28 of the requirements of this section. 

29 (3) PARTIAL APPROVAL.—If the Secretary determines that the exist30 ing procedures, protocols, or standards of a railroad carrier satisfy only 

31 part of the requirements of this section, the Secretary may accept the 

32 submission, but shall require submission by the railroad carrier of addi33 tional information relevant to the vulnerability assessment and security 

34 plan of the railroad carrier to ensure that the remaining requirements 

35 of this section are fulfilled. 

36 (4) NOTIFICATION.—If the Secretary determines that particular ex37 isting procedures, protocols, or standards of a railroad carrier under 

38 this subsection do not satisfy the requirements of this section, the Sec39 retary shall provide to the railroad carrier a written notification that 

40 includes an explanation of the determination. 


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1 (5) REVIEW.—Nothing in this subsection shall relieve the Secretary 

2 of the obligation— 

3 (A) to review the vulnerability assessment and security plan 

4 submitted by a railroad carrier under this section; and 

5 (B) to approve or disapprove each submission on an individual 

6 basis. 

7 (j) PERIODIC EVALUATION BY RAILROAD CARRIERS REQUIRED.— 

8 (1) SUBMISSION.—Not later than 3 years after the date on which 

9 a vulnerability assessment or security plan required to be submitted to 

10 the Secretary under subsection (c) is approved, and at least once every 

11 5 years after the approval (or on another schedule the Secretary may 

12 establish by regulation), a railroad carrier who submitted a vulner13 ability assessment and security plan and who is still assigned to the 

14 high-risk tier must submit to the Secretary an evaluation of the ade15 quacy of the vulnerability assessment and security plan that includes 

16 a description of material changes made to the vulnerability assessment 

17 or security plan. 

18 (2) REVIEW.—Not later than 180 days after the date on which an 

19 evaluation is submitted, the Secretary shall review the evaluation and 

20 notify the railroad carrier submitting the evaluation of the Secretary’s 

21 approval or disapproval of the evaluation. 

22 (k) SHARED FACILITIES.—The Secretary may permit under this section 

23 the development and implementation of coordinated vulnerability assess24 ments and security plans to the extent that a railroad carrier shares facili25 ties with, or is co-located with, other transportation entities or providers 

26 that are required to develop vulnerability assessments and security plans 

27 under Federal law. 

28 (l) CONSULTATION.—In carrying out this section, the Secretary shall con29 sult with railroad carriers, nonprofit employee labor organizations represen30 tation railroad employees, and public safety and law enforcement officials. 

31 § 40713. Railroad security assistance 

32 (a) SECURITY IMPROVEMENT GRANTS.— 

33 (1) IN GENERAL.—The Secretary, in consultation with the Adminis34 trator of the Transportation Security Administration and other appro35 priate agencies or officials, may make grants to railroad carriers, the 

36 Alaska Railroad, security-sensitive materials offerors who ship by rail37 road, owners of railroad cars used in the transportation of security-sen38 sitive materials, State and local governments (for railroad passenger fa39 cilities and infrastructure not owned by Amtrak), and Amtrak for 

40 intercity passenger railroad and freight railroad security improvements 

41 described in subsection (b) as approved by the Secretary. 


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1 (2) GRANT ELIGIBILITY.—A railroad carrier is eligible for a grant 

2 under this section if the carrier has completed a vulnerability assess3 ment and developed a security plan that the Secretary has approved 

4 under section 40712 of this title. 

5 (3) USE OF GRANTS.—A recipient of a grant under this section may 

6 use grant funds only for permissible uses under subsection (b) to fur7 ther a railroad security plan that meets the requirements of paragraph 

8 (2). 

9 (4) GRANTS FOR ASSESSMENTS AND PLANS.—Notwithstanding the 

10 requirement for eligibility and uses of funds in paragraphs (2) and (3), 

11 a railroad carrier is eligible for a grant under this section if the carrier 

12 uses the funds solely for the development of assessments or security 

13 plans under section 40712. 

14 (b) USES OF FUNDS.—A recipient of a grant under this section shall use 

15 the grant funds for one or more of the following: 

16 (1) Security and redundancy for critical communications, computer, 

17 and train control systems essential for secure railroad operations. 

18 (2) Accommodation of railroad cargo or passenger security inspection 

19 facilities, related infrastructure, and operations at or near United 

20 States international borders or other ports of entry. 

21 (3) The security of security-sensitive materials transportation by rail22 road. 

23 (4) Chemical, biological, radiological, or explosive detection, including 

24 canine patrols for detection. 

25 (5) The security of intercity passenger railroad stations, trains, and 

26 infrastructure, including security capital improvement projects that the 

27 Secretary determines enhance railroad station security. 

28 (6) Technologies to reduce the vulnerabilities of railroad cars, includ29 ing structural modification of railroad cars transporting security-sen30 sitive materials to improve their resistance to acts of terrorism. 

31 (7) The sharing of intelligence and information about security 

32 threats. 

33 (8) To obtain train tracking and communications equipment, includ34 ing equipment that is interoperable with Federal, State, and local agen35 cies and tribal governments. 

36 (9) To hire, train, and employ police and security officers, including 

37 canine units, assigned to full-time security or counterterrorism duties 

38 related to railroad transportation. 

39 (10) Overtime reimbursement, including reimbursement of State, 

40 local, and tribal governments for costs, for enhanced security personnel 

41 assigned to duties related to railroad security during periods of high 


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1 or severe threat levels and National Special Security Events or other 

2 periods of heightened security as determined by the Secretary. 

3 (11) Perimeter protection systems, including access control, installa4 tion of improved lighting, fencing, and barricades at railroad facilities. 

5 (12) Tunnel protection systems. 

6 (13) Passenger evacuation and evacuation-related capital improve7 ments. 

8 (14) Railroad security inspection technologies, including verified vis9 ual inspection technologies using hand-held readers. 

10 (15) Surveillance equipment. 

11 (16) Cargo or passenger screening equipment. 

12 (17) Emergency response equipment, including fire suppression and 

13 decontamination equipment, personal protective equipment, and 

14 defibrillators. 

15 (18) Operating and capital costs associated with security awareness, 

16 preparedness, and response training, including training under section 

17 40716 of this title, and training developed by universities, institutions 

18 of higher education, and nonprofit employee labor organizations, for 

19 railroad employees, including frontline employees. 

20 (19) Live or simulated exercises, including exercises described in sec21 tion 40715 of this title. 

22 (20) Public awareness campaigns for enhanced railroad security. 

23 (21) Development of assessments or security plans under section 

24 40712 of this title. 

25 (22) Other security improvements— 

26 (A) identified, required, or recommended under sections 40711 

27 and 40712 of this title, including infrastructure, facilities, and 

28 equipment upgrades; or 

29 (B) that the Secretary considers appropriate. 

30 (c) DEPARTMENTAL RESPONSIBILITIES.—In carrying out the responsibil31 ities under subsection (a), the Secretary shall— 

32 (1) determine the requirements for recipients of grants; 

33 (2) establish priorities for uses of funds for grant recipients; 

34 (3) award the funds authorized by this section based on risk, as 

35 identified by the plans required under sections 40711 and 40712 of 

36 this title; 

37 (4) take into account whether stations or facilities are used by com38 muter railroad passengers as well as intercity railroad passengers in re39 viewing grant applications; 

40 (5) encourage non-Federal financial participation in projects funded 

41 by grants; and 


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1 (6) not later than 5 business days after awarding a grant to Amtrak 

2 under this section, transfer grant funds to the Secretary of Transpor3 tation to be disbursed to Amtrak. 

4 (d) MULTIYEAR AWARDS.—Grant funds awarded under this section may 

5 be awarded for projects that span multiple years. 

6 (e) LIMITATION ON USES OF FUNDS.—A grant made under this section 

7 may not be used to make a State or local government cost-sharing contribu8 tion under any other Federal law. 

9 (f) ANNUAL REPORTS.—Each recipient of a grant under this section shall 

10 report annually to the Secretary on the use of grant funds. 

11 (g) SUBJECT TO CERTAIN STANDARDS.—A recipient of a grant under 

12 this section and section 40714 of this title shall be required to comply with 

13 the standards of section 24312 of title 49, as in effect on January 1, 2007, 

14 with respect to the project, in the same manner as Amtrak is required to 

15 comply with the standards for construction work financed under an agree16 ment made under section 24308(a) of title 49. 

17 § 40714. Systemwide Amtrak security upgrades 

18 (a) IN GENERAL.— 

19 (1) GRANTS.—Subject to subsection (b), the Secretary, in consulta20 tion with the Administrator of the Transportation Security Administra21 tion, may make grants to Amtrak under this section. 

22 (2) GENERAL PURPOSES.—The Secretary may make grants for the 

23 purposes of— 

24 (A) protecting underwater and underground assets and systems; 

25 (B) protecting high-risk and high-consequence assets identified 

26 through system-wide risk assessments; 

27 (C) providing counterterrorism or security training; 

28 (D) providing both visible and unpredictable deterrence; and 

29 (E) conducting emergency preparedness drills and exercises. 

30 (3) SPECIFIC PROJECTS.—The Secretary shall make grants— 

31 (A) to secure major tunnel access points and ensure tunnel in32 tegrity in New York, New Jersey, Maryland, and Washington, DC; 

33 (B) to secure Amtrak trains; 

34 (C) to secure Amtrak stations; 

35 (D) to obtain a watchlist identification system approved by the 

36 Secretary; 

37 (E) to obtain train tracking and interoperable communications 

38 systems that are coordinated with Federal, State, and local agen39 cies and tribal governments to the maximum extent possible; 


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1 (F) to hire, train, and employ police and security officers, in2 cluding canine units, assigned to full-time security or counterter3 rorism duties related to railroad transportation; 

4 (G) for operating and capital costs associated with security 

5 awareness, preparedness, and response training, including training 

6 under section 40716 of this title, and training developed by univer7 sities, institutions of higher education, and nonprofit employee 

8 labor organizations, for railroad employees, including frontline em9 ployees; and 

10 (H) for live or simulated exercises, including exercises described 

11 in section 40715 of this title. 

12 (b) CONDITIONS.—The Secretary shall award grants to Amtrak under 

13 this section for projects contained in a system-wide security plan approved 

14 by the Secretary developed under section 40712 of this title. Not later than 

15 5 business days after awarding a grant to Amtrak under this section, the 

16 Secretary shall transfer the grant funds to the Secretary of Transportation 

17 to be disbursed to Amtrak. 

18 (c) EQUITABLE GEOGRAPHIC ALLOCATION.—The Secretary shall ensure 

19 that, subject to meeting the highest security needs on Amtrak’s entire sys20 tem and consistent with the risk assessment required under section 40711 

21 of this title and Amtrak’s vulnerability assessment and security plan devel22 oped under section 40712 of this title, stations and facilities located outside 

23 of the Northeast Corridor receive an equitable share of the security funds 

24 authorized by this section. 

25 § 40715. Railroad carrier exercises 

26 (a) IN GENERAL.—The Secretary shall establish a program for con27 ducting security exercises for railroad carriers for the purpose of assessing 

28 and improving the capabilities of entities described in subsection (b) to pre29 vent, prepare for, mitigate, respond to, and recover from acts of terrorism. 

30 (b) COVERED ENTITIES.—Entities to be assessed under the program in31 clude— 

32 (1) Federal, State, and local agencies and tribal governments; 

33 (2) railroad carriers; 

34 (3) governmental and nongovernmental emergency response pro35 viders, law enforcement agencies, and railroad and transit police, as ap36 propriate; and 

37 (4) any other organization or entity that the Secretary determines 

38 appropriate. 

39 (c) REQUIREMENTS.—The Secretary shall ensure that the program— 

40 (1) consolidates existing security exercises for railroad carriers ad41 ministered by the Department and the Department of Transportation, 


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1 as jointly determined by the Secretary and the Secretary of Transpor2 tation, unless the Secretary waives this consolidation requirement as 

3 appropriate; 

4 (2) consists of exercises that are— 

5 (A) scaled and tailored to the needs of the carrier, including ad6 dressing the needs of the elderly and individuals with disabilities; 

7 (B) live, in the case of the facilities most at risk to a terrorist 

8 attack; 

9 (C) coordinated with appropriate officials; 

10 (D) as realistic as practicable and based on current risk assess11 ments, including credible threats, vulnerabilities, and con12 sequences; 

13 (E) inclusive, as appropriate, of railroad frontline employees; 

14 and 

15 (F) consistent with the National Incident Management System, 

16 the National Response Plan, the National Infrastructure Protec17 tion Plan, the National Preparedness Guidance, the National Pre18 paredness Goal, and other national initiatives of this type; 

19 (3) provides that exercises described in paragraph (2) will be— 

20 (A) evaluated by the Secretary against clear and consistent per21 formance measures; 

22 (B) assessed by the Secretary to identify best practices, which 

23 shall be shared, as appropriate, with railroad carriers, nonprofit 

24 employee organizations that represent railroad carrier employees, 

25 Federal, State, local, and tribal officials, governmental and non26 governmental emergency response providers, law enforcement per27 sonnel, including railroad carrier and transit police, and other 

28 stakeholders; and 

29 (C) used to develop recommendations, as appropriate, from the 

30 Secretary to railroad carriers on remedial action to be taken in re31 sponse to lessons learned; 

32 (4) allows for proper advanced notification of communities and local 

33 governments in which exercises are held, as appropriate; and 

34 (5) assists State, local, and tribal governments and railroad carriers 

35 in designing, implementing, and evaluating additional exercises that 

36 conform to the requirements of paragraph (1). 

37 (d) NATIONAL EXERCISE PROGRAM.—The Secretary shall ensure that the 

38 exercise program developed under subsection (c) is a component of the na39 tional exercise program established under section 20508 of this title. 


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1 § 40716. Railroad security training program 

2 (a) IN GENERAL.—The Secretary shall develop and issue regulations for 

3 a training program to prepare railroad frontline employees for potential se4 curity threats and conditions. The regulations shall take into consideration 

5 current security training requirements or best practices. 

6 (b) CONSULTATION.—The Secretary shall develop the regulations under 

7 subsection (a) in consultation with— 

8 (1) appropriate law enforcement, fire service, emergency response, 

9 security, and terrorism experts; 

10 (2) railroad carriers; 

11 (3) railroad shippers; and 

12 (4) nonprofit employee labor organizations representing railroad em13 ployees or emergency response personnel. 

14 (c) PROGRAM ELEMENTS.—The regulations developed under subsection 

15 (a) shall require security training programs described in subsection (a) to 

16 include, at a minimum, elements to address the following, as applicable: 

17 (1) Determination of the seriousness of an occurrence or threat. 

18 (2) Crew and passenger communication and coordination. 

19 (3) Appropriate responses to defend or protect oneself. 

20 (4) Use of personal and other protective equipment. 

21 (5) Evacuation procedures for passengers and railroad employees, in22 cluding individuals with disabilities and the elderly. 

23 (6) Psychology, behavior, and methods of terrorists, including obser24 vation and analysis. 

25 (7) Training related to psychological responses to terrorist incidents, 

26 including the ability to cope with hijacker behavior and passenger re27 sponses. 

28 (8) Live situational training exercises regarding various threat condi29 tions, including tunnel evacuation procedures. 

30 (9) Recognition and reporting of dangerous substances, suspicious 

31 packages, and situations. 

32 (10) Understanding security incident procedures, including proce33 dures for communicating with governmental and nongovernmental 

34 emergency response providers and for on-scene interaction with emer35 gency response providers. 

36 (11) Operation and maintenance of security equipment and systems. 

37 (12) Other security training activities that the Secretary considers 

38 appropriate. 

39 (d) SUBMITTING PROGRAM TO SECRETARY FOR APPROVAL.—Each rail40 road carrier shall develop a security training program under this section and 

41 submit the program to the Secretary for approval. Not later than 60 days 


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1 after receiving a security training program proposal under this subsection, 

2 the Secretary shall approve the program or require the railroad carrier that 

3 developed the program to make revisions to the program that the Secretary 

4 considers necessary for the program to meet the requirements of this sec5 tion. A railroad carrier shall respond to the Secretary’s comments within 30 

6 days after receiving them. 

7 (e) TRAINING.—Not later than 1 year after the Secretary approves a se8 curity training program under subsection (d), the railroad carrier that devel9 oped the program shall complete the training of all railroad frontline em10 ployees who were hired by a carrier more than 30 days preceding the ap11 proval date. For employees employed by a carrier for fewer than 30 days 

12 preceding the approval date, training shall be completed within the first 60 

13 days of employment. 

14 (f) UPDATES OF REGULATIONS AND PROGRAM REVISIONS.—The Sec15 retary periodically shall review and update as appropriate the training regu16 lations issued under subsection (a) to reflect new or changing security 

17 threats. Each railroad carrier shall revise its training program accordingly 

18 and provide additional training as necessary to its frontline employees with19 in a reasonable time after the regulations are updated. 

20 (g) PROGRAM COMPONENT OF NATIONAL TRAINING PROGRAM.—The 

21 Secretary shall ensure that the training program developed under subsection 

22 (a) is a component of the national training program established under sec23 tion 20508 of this title. 

24 (h) OTHER EMPLOYEES.—The Secretary shall issue guidance and best 

25 practices for a railroad shipper employee security program containing the 

26 elements listed under subsection (c). 

27 § 40717. Railroad security research and development 

28 (a) ESTABLISHMENT OF RESEARCH AND DEVELOPMENT PROGRAM.—The 

29 Secretary, acting through the Under Secretary for Science and Technology 

30 and the Administrator of the Transportation Security Administration, shall 

31 carry out a research and development program for the purpose of improving 

32 the security of railroad transportation systems. 

33 (b) ELIGIBLE PROJECTS.—The research and development program may 

34 include projects— 

35 (1) to reduce the vulnerability of passenger trains, stations, and 

36 equipment to explosives and hazardous chemical, biological, and radio37 active substances, including the development of technology to screen 

38 passengers in large numbers at peak commuting times with minimal in39 terference and disruption; 

40 (2) to test new emergency response and recovery techniques and 

41 technologies, including those used at international borders; 


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1 (3) to develop improved railroad security technologies, including— 

2 (A) technologies for sealing or modifying railroad tank cars; 

3 (B) automatic inspection of railroad cars; 

4 (C) communication-based train control systems; 

5 (D) emergency response training, including training in a tunnel 

6 environment; 

7 (E) security and redundancy for critical communications, elec8 trical power, computer, and train control systems; and 

9 (F) technologies for securing bridges and tunnels; 

10 (4) to test wayside detectors that can detect tampering; 

11 (5) to support enhanced security for the transportation of security12 sensitive materials by railroad; 

13 (6) to mitigate damages in the event of a cyberattack; and 

14 (7) to address other vulnerabilities and risks identified by the Sec15 retary. 

16 (c) COORDINATION WITH OTHER RESEARCH INITIATIVES.—The Sec17 retary— 

18 (1) shall ensure that the research and development program is con19 sistent with the National Strategy for Railroad Transportation Security 

20 developed under section 40711 of this title and other transportation se21 curity research and development programs required by section 30304 

22 and chapters 401 through 407 of this title; 

23 (2) shall, to the extent practicable, coordinate the research and de24 velopment activities of the Department with other ongoing research and 

25 development security-related initiatives, including research being con26 ducted by— 

27 (A) the Department of Transportation, including University 

28 Transportation Centers and other institutes, centers, and simula29 tors funded by the Department of Transportation; 

30 (B) the National Academy of Sciences; 

31 (C) the Technical Support Working Group; 

32 (D) other Federal departments and agencies; and 

33 (E) other Federal and private research laboratories, research 

34 entities, and universities and institutions of higher education, in35 cluding Historically Black Colleges and Universities, Hispanic 

36 Serving Institutions, or Indian Tribally Controlled Colleges and 

37 Universities; 

38 (3) shall carry out a research and development project authorized by 

39 this section through a reimbursable agreement with an appropriate 

40 Federal agency, if the agency— 


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1 (A) is currently sponsoring a research and development project 

2 in a similar area; or 

3 (B) has a unique facility or capability that would be useful in 

4 carrying out the project; 

5 (4) may award grants to, or enter into cooperative agreements, con6 tracts, other transactions, or reimbursable agreements with, the entities 

7 described in paragraph (2) and eligible grant recipients under section 

8 40713 of this title; and 

9 (5) shall make reasonable efforts to enter into memoranda of under10 standing, contracts, grants, cooperative agreements, or other trans11 actions with railroad carriers willing to contribute both physical space 

12 and other resources. 

13 (d) PRIVACY AND CIVIL RIGHTS AND CIVIL LIBERTIES ISSUES.— 

14 (1) CONSULTATION.—In carrying out research and development 

15 projects under this section, the Secretary shall consult with the Chief 

16 Privacy Officer of the Department and the Officer for Civil Rights and 

17 Civil Liberties of the Department as appropriate and under section 

18 10543 of this title. 

19 (2) PRIVACY IMPACT ASSESSMENTS.—In accordance with sections 

20 10543 and 11505 of this title, the Chief Privacy Officer shall conduct 

21 privacy impact assessments, and the Officer for Civil Rights and Civil 

22 Liberties shall conduct reviews, as appropriate, for research and devel23 opment initiatives developed under this section that the Secretary de24 termines could have an impact on privacy, civil rights, or civil liberties. 

25 § 40718. Railroad tank car security testing 

26 (a) VULNERABILITY ASSESSMENT.— 

27 (1) LIKELY METHODS AND SUCCESS.—The Secretary shall assess the 

28 likely methods of a deliberate terrorist attack against a railroad tank 

29 car used to transport toxic-inhalation-hazard materials, and for each 

30 method assessed, the degree to which it may be successful in causing 

31 death, injury, or serious adverse effects to human health, the environ32 ment, critical infrastructure, national security, the national economy, or 

33 public welfare. 

34 (2) THREATS.—In carrying out paragraph (1), the Secretary shall 

35 consider the most current threat information as to likely methods of 

36 a successful terrorist attack on a railroad tank car transporting toxic37 inhalation-hazard materials, and may consider the following: 

38 (A) Explosive devices placed along the tracks or attached to a 

39 railroad tank car. 

40 (B) The use of missiles, grenades, rockets, mortars, or other 

41 high-caliber weapons against a railroad tank car. 


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1 (3) PHYSICAL TESTING.—In developing the assessment required 

2 under paragraph (1), the Secretary shall conduct physical testing of the 

3 vulnerability of railroad tank cars used to transport toxic-inhalation4 hazard materials to different methods of a deliberate attack, using 

5 technical information and criteria to evaluate the structural integrity 

6 of railroad tank cars. 

7 (b) DISPERSION MODELING.— 

8 (1) IN GENERAL.—The Secretary, acting through the National Infra9 structure Simulation and Analysis Center, shall conduct an air disper10 sion modeling analysis of release scenarios of toxic-inhalation-hazard 

11 materials resulting from a terrorist attack on a loaded railroad tank 

12 car carrying these materials in urban and rural environments. 

13 (2) CONSIDERATIONS.—The analysis under this subsection shall take 

14 into account the following considerations: 

15 (A) The most likely means of attack and the resulting dispersal 

16 rate. 

17 (B) Different times of day, to account for differences in cloud 

18 coverage and other atmospheric conditions in the environment 

19 being modeled. 

20 (C) Differences in population size and density. 

21 (D) Historically accurate wind speeds, temperatures, and wind 

22 directions. 

23 (E) Differences in dispersal rates or other relevant factors re24 lated to whether a railroad tank car is in motion or stationary. 

25 (F) Emergency response procedures by local officials. 

26 (G) Other considerations the Secretary believes would develop 

27 an accurate, plausible dispersion model for toxic-inhalation-hazard 

28 materials released from a railroad tank car as a result of a ter29 rorist act. 

30 (3) CONSULTATION.—In conducting the dispersion modeling under 

31 paragraph (1), the Secretary shall consult with the Secretary of Trans32 portation, hazardous materials experts, railroad carriers, nonprofit em33 ployee labor organizations representing railroad employees, appropriate 

34 State, local, and tribal officials, and other Federal agencies, as appro35 priate. 

36 (4) INFORMATION SHARING.—On completion of the analysis required 

37 under paragraph (1), the Secretary shall share the information devel38 oped with the appropriate stakeholders, given appropriate information 

39 protection provisions as may be required by the Secretary. 

40 § 40719. Security background checks of covered individuals 

41 (a) DEFINITIONS.—In this section: 


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1 (1) COVERED INDIVIDUAL.—The term ‘‘covered individual’’ means 

2 an employee of a railroad carrier or a contractor or subcontractor of 

3 a railroad carrier. 

4 (2) SECURITY BACKGROUND CHECK.—The term ‘‘security back5 ground check’’ means for the purpose of identifying individuals who 

6 may pose a threat to transportation security or national security, or of 

7 terrorism— 

8 (A) relevant criminal history databases; 

9 (B) in the case of an alien (as defined in section 101 of the Im10 migration and Nationality Act (8 U.S.C. 1101), the relevant data11 bases to determine the status of the alien under the immigration 

12 laws of the United States; and 

13 (C) other relevant information or databases, as determined by 

14 the Secretary. 

15 (b) GUIDANCE.— 

16 (1) IN GENERAL.—Guidance, recommendations, suggested action 

17 items, and other widely disseminated voluntary action items issued by 

18 the Secretary to a railroad carrier or a contractor or subcontractor of 

19 a railroad carrier relating to performing a security background check 

20 of a covered individual shall contain recommendations on the appro21 priate scope and application of a security background check, including 

22 the time period covered, the types of disqualifying offenses, and a re23 dress process for adversely impacted covered individuals consistent with 

24 subsections (c) and (d). 

25 (2) UPDATE OF EXISTING GUIDANCE.—Guidance, recommendations, 

26 suggested action items, and other widely disseminated voluntary action 

27 items issued by the Secretary prior to August, 3, 2007, to a railroad 

28 carrier or a contractor or subcontractor of a railroad carrier relating 

29 to performing a security background check of a covered individual shall 

30 be updated in compliance with paragraph (1). 

31 (3) NECESSARY REDRESS PROCEDURE.—If a railroad carrier or a 

32 contractor or subcontractor of a railroad carrier performs a security 

33 background check on a covered individual to fulfill guidance issued by 

34 the Secretary under paragraph (1) or (2), the Secretary shall not con35 sider the guidance fulfilled unless an adequate redress process as de36 scribed in subsection (d) is provided to covered individuals. 

37 (c) REQUIREMENTS.—If the Secretary issues a rule, regulation, or direc38 tive requiring a railroad carrier or contractor or subcontractor of a railroad 

39 carrier to perform a security background check of a covered individual, the 

40 Secretary shall prohibit the railroad carrier or contractor or subcontractor 

41 of a railroad carrier from making an adverse employment decision, including 


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1 removal or suspension of the covered individual, due to the rule, regulation, 

2 or directive with respect to a covered individual unless the railroad carrier 

3 or contractor or subcontractor of a railroad carrier determines that the cov4 ered individual— 

5 (1) has been convicted of, has been found not guilty by reason of 

6 insanity, or is under want, warrant, or indictment for a permanent dis7 qualifying criminal offense listed in part 1572 of title 49, Code of Fed8 eral Regulations; 

9 (2) was convicted of or found not guilty by reason of insanity of an 

10 interim disqualifying criminal offense listed in part 1572 of title 49, 

11 Code of Federal Regulations, within 7 years of the date that the rail12 road carrier or contractor or subcontractor of a railroad carrier per13 forms the security background check; or 

14 (3) was incarcerated for an interim disqualifying criminal offense 

15 listed in part 1572 of title 49, Code of Federal Regulations, and re16 leased from incarceration within 5 years of the date that the railroad 

17 carrier or contractor or subcontractor of a railroad carrier performs the 

18 security background check. 

19 (d) REDRESS PROCESS.—If the Secretary issues a rule, regulation, or di20 rective requiring a railroad carrier or contractor or subcontractor of a rail21 road carrier to perform a security background check of a covered individual, 

22 the Secretary shall— 

23 (1) provide an adequate redress process for a covered individual sub24 jected to an adverse employment decision, including removal or suspen25 sion of the employee, due to the rule, regulation, or directive that is 

26 consistent with the appeals and waiver process established for appli27 cants for commercial motor vehicle hazardous materials endorsements 

28 and transportation employees at ports, as required by section 70105(c) 

29 of title 46; and 

30 (2) have the authority to order an appropriate remedy, including re31 instatement of the covered individual, should the Secretary determine 

32 that a railroad carrier or contractor or subcontractor of a railroad car33 rier wrongfully made an adverse employment decision regarding a cov34 ered individual pursuant to the rule, regulation, or directive. 

35 (e) FALSE STATEMENTS.—A railroad carrier or a contractor or subcon36 tractor of a railroad carrier may not knowingly misrepresent to an employee 

37 or other relevant person, including an arbiter involved in a labor arbitration, 

38 the scope, application, or meaning of rules, regulations, directives, or guid39 ance issued by the Secretary related to security background check require40 ments for covered individuals when conducting a security background check. 

41 The Secretary shall issue a regulation that prohibits a railroad carrier or 


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1 a contractor or subcontractor of a railroad carrier from knowingly misrepre2 senting to an employee or other relevant person, including an arbiter in3 volved in a labor arbitration, the scope, application, or meaning of rules, 

4 regulations, directives, or guidance issued by the Secretary related to secu5 rity background check requirements for covered individuals when conducting 

6 a security background check. 

7 (f) RIGHTS AND RESPONSIBILITIES.—Nothing in this section shall be 

8 construed to abridge a railroad carrier’s or a contractor or subcontractor 

9 of a railroad carrier’s rights or responsibilities to make adverse employment 

10 decisions permitted by other Federal, State, or local laws. Nothing in this 

11 section shall be construed to abridge rights and responsibilities of covered 

12 individuals, a railroad carrier, or a contractor or subcontractor of a railroad 

13 carrier, under other Federal, State, or local laws or under a collective bar14 gaining agreement. 

15 (g) NO PREEMPTION OF FEDERAL OR STATE LAW.—Nothing in this sec16 tion shall be construed to preempt a Federal, State, or local law that re17 quires criminal history background checks, immigration status checks, or 

18 other background checks, of covered individuals. 

19 (h) PROCESS FOR REVIEW NOT AFFECTED.—Nothing in this section 

20 shall be construed to affect the process for review established under section 

21 70105(c) of title 46, including regulations issued under that section. 

22 § 40720. International railroad security program 

23 (a) DEFINITIONS.—In this section: 

24 (1) INSPECTION.—The term ‘‘inspection’’ means the comprehensive 

25 process used by U.S. Customs and Border Protection to assess goods 

26 entering the United States to appraise them for duty purposes, to de27 tect the presence of restricted or prohibited items, and to ensure com28 pliance with all applicable laws. 

29 (2) INTERNATIONAL SUPPLY CHAIN.—The term ‘‘international sup30 ply chain’’ means the end-to-end process for shipping goods to or from 

31 the United States, beginning at the point of origin (including manufac32 turer, supplier, or vendor) through a point of distribution to the des33 tination. 

34 (3) RADIATION DETECTION EQUIPMENT.—The term ‘‘radiation de35 tection equipment’’ means technology that is capable of detecting or 

36 identifying nuclear and radiological material or nuclear and radiological 

37 explosive devices. 

38 (b) IN GENERAL.— 

39 (1) DETECTION SYSTEM.—The Secretary shall develop a system to 

40 detect both undeclared passengers and contraband, with a primary 


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1 focus on the detection of nuclear and radiological materials entering 

2 the United States by railroad. 

3 (2) SYSTEM REQUIREMENTS.—In developing the system under para4 graph (1), the Secretary may, in consultation with the Domestic Nu5 clear Detection Office, U.S. Customs and Border Protection, and 

6 Transportation Security Administration— 

7 (A) deploy radiation detection equipment and nonintrusive im8 aging equipment at locations where railroad shipments cross an 

9 international border to enter the United States; 

10 (B) consider the integration of radiation detection technologies 

11 with other nonintrusive inspection technologies where feasible; 

12 (C) ensure appropriate training, operations, and response proto13 cols are established for Federal, State, and local personnel; 

14 (D) implement alternative procedures to check railroad ship15 ments at locations where the deployment of nonintrusive inspection 

16 imaging equipment is determined to not be practicable; 

17 (E) ensure, to the extent practicable, that the technologies de18 ployed can detect terrorists or weapons, including weapons of mass 

19 destruction; and 

20 (F) take other actions, as appropriate, to develop the system. 

21 (c) ADDITIONAL INFORMATION.—The Secretary shall— 

22 (1) identify and seek the submission of additional data elements for 

23 improved high-risk targeting related to the movement of cargo through 

24 the international supply chain utilizing a railroad prior to importation 

25 into the United States; 

26 (2) utilize data collected and maintained by the Secretary of Trans27 portation in the targeting of high-risk cargo identified under paragraph 

28 (1); and 

29 (3) analyze the data provided in this subsection to identify high-risk 

30 cargo for inspection. 

31 Subchapter III—Over-the-Road Bus 

32 Security 

33 § 40731. Assessments and plans 

34 (a) IN GENERAL.—The Secretary shall issue regulations that— 

35 (1) require each over-the-road bus operator assigned to a high-risk 

36 tier under this section— 

37 (A) to conduct a vulnerability assessment under subsections (c) 

38 and (d); and 

39 (B) to prepare, submit to the Secretary for approval, and imple40 ment a security plan under subsection (e); and 


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1 (2) establish standards and guidelines for developing and imple2 menting the vulnerability assessments and security plans for carriers 

3 assigned to high-risk tiers consistent with this section. 

4 (b) NON HIGH-RISK PROGRAMS.—The Secretary may establish a security 

5 program for over-the-road bus operators not assigned to a high-risk tier, in6 cluding— 

7 (1) guidance for operators in conducting vulnerability assessments 

8 and preparing and implementing security plans, as determined appro9 priate by the Secretary; and 

10 (2) a process to review and approve the assessments and plans, as 

11 appropriate. 

12 (c) SUBMISSION OF ASSESSMENTS AND SECURITY PLANS.—The vulner13 ability assessments and security plans required by the regulations for over14 the-road bus operators assigned to a high-risk tier shall be completed and 

15 submitted to the Secretary for review and approval. 

16 (d) VULNERABILITY ASSESSMENTS.— 

17 (1) REQUIREMENTS.—The Secretary shall provide technical assist18 ance and guidance to over-the-road bus operators in conducting vulner19 ability assessments under this section and shall require that each vul20 nerability assessment of an operator assigned to a high-risk tier under 

21 this section includes, as appropriate— 

22 (A) identification and evaluation of critical assets and infra23 structure, including platforms, stations, terminals, and information 

24 systems; 

25 (B) identification of the vulnerabilities to those assets and infra26 structure; and 

27 (C) identification of weaknesses in— 

28 (i) physical security; 

29 (ii) passenger and cargo security; 

30 (iii) the security of programmable electronic devices, com31 puters, or other automated systems which are used in pro32 viding over-the-road bus transportation; 

33 (iv) alarms, cameras, and other protection systems; 

34 (v) communications systems and utilities needed for over35 the-road bus security purposes, including dispatching systems; 

36 (vi) emergency response planning; 

37 (vii) employee training; and 

38 (viii) other matters the Secretary determines appropriate. 

39 (2) THREAT INFORMATION.—The Secretary shall provide in a timely 

40 manner to the appropriate employees of an over-the-road bus operator, 

41 as designated by the over-the-road bus operator, threat information 


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1 that is relevant to the operator when preparing and submitting a vul2 nerability assessment and security plan, including an assessment of the 

3 most likely methods that could be used by terrorists to exploit weak4 nesses in over-the-road bus security. 

5 (e) SECURITY PLANS.— 

6 (1) REQUIREMENTS.—The Secretary shall provide technical assist7 ance and guidance to over-the-road bus operators in preparing and im8 plementing security plans under this section and shall require that each 

9 security plan of an over-the-road bus operator assigned to a high-risk 

10 tier under this section includes, as appropriate— 

11 (A) the identification of a security coordinator having author12 ity— 

13 (i) to implement security actions under the plan; 

14 (ii) to coordinate security improvements; and 

15 (iii) to receive communications from appropriate Federal 

16 officials regarding over-the-road bus security; 

17 (B) a list of needed capital and operational improvements; 

18 (C) procedures to be implemented or used by the over-the-road 

19 bus operator in response to a terrorist attack, including evacuation 

20 and passenger communication plans that include individuals with 

21 disabilities, as appropriate; 

22 (D) the identification of steps taken with State and local law 

23 enforcement agencies, emergency responders, and Federal officials 

24 to coordinate security measures and plans for response to a ter25 rorist attack; 

26 (E) a strategy and timeline for conducting training under sec27 tion 40734 of this title; 

28 (F) enhanced security measures to be taken by the over-the29 road bus operator when the Secretary declares a period of height30 ened security risk; 

31 (G) plans for providing redundant and backup systems required 

32 to ensure the continued operation of critical elements of the over33 the-road bus operator’s system in the event of a terrorist attack 

34 or other incident; and 

35 (H) other actions or procedures the Secretary determines are 

36 appropriate to address the security of over-the-road bus operators. 

37 (2) SECURITY COORDINATOR REQUIREMENTS.—The Secretary shall 

38 require that the individual serving as the security coordinator identified 

39 in paragraph (1)(A) is a citizen of the United States. The Secretary 

40 may waive this requirement with respect to an individual if the Sec41 retary determines that it is appropriate to do so based on a background 


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1 check of the individual and a review of the consolidated terrorist 

2 watchlist. 

3 (f) DEADLINE FOR REVIEW PROCESS.—Not later than 6 months after re4 ceiving the assessments and plans required under this section, the Secretary 

5 shall— 

6 (1) review each vulnerability assessment and security plan submitted 

7 to the Secretary under subsection (c); 

8 (2) require amendments to a security plan that does not meet the 

9 requirements of this section; and 

10 (3) approve a vulnerability assessment or security plan that meets 

11 the requirements of this section. 

12 (g) TIER ASSIGNMENT.— 

13 (1) IN GENERAL.—The Secretary shall assign each over-the-road bus 

14 operator to a risk-based tier established by the Secretary. 

15 (2) PROVIDING INFORMATION.—The Secretary may request, and an 

16 over-the-road bus operator shall provide, information necessary for the 

17 Secretary to assign an over-the-road bus operator to the appropriate 

18 tier under this subsection. 

19 (3) NOTIFICATION.—Not later than 60 days after the date an over20 the-road bus operator is assigned to a tier under this section, the Sec21 retary shall notify the operator of the tier to which it is assigned and 

22 the reasons for the assignment. 

23 (4) HIGH-RISK TIERS.—At least one of the tiers established by the 

24 Secretary under this section shall be a tier designated for high-risk 

25 over-the-road bus operators. 

26 (5) REASSIGNMENT.—The Secretary may reassign an over-the-road 

27 bus operator to another tier, as appropriate, in response to changes in 

28 risk, and the Secretary shall notify the over-the-road bus operator with29 in 60 days after the reassignment and provide the operator with the 

30 reasons for the reassignment. 

31 (h) EXISTING PROCEDURES, PROTOCOLS, AND STANDARDS.— 

32 (1) DETERMINATION.—In response to a petition by an over-the-road 

33 bus operator or at the discretion of the Secretary, the Secretary may 

34 determine that existing procedures, protocols, and standards meet all 

35 or part of the requirements of this section regarding vulnerability as36 sessments and security plans. 

37 (2) ELECTION.—On review and written determination by the Sec38 retary that existing procedures, protocols, or standards of an over-the39 road bus operator satisfy the requirements of this section, the over-the40 road bus operator may elect to comply with those procedures, protocols, 

41 or standards instead of the requirements of this section. 


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1 (3) PARTIAL APPROVAL.—If the Secretary determines that the exist2 ing procedures, protocols, or standards of an over-the-road bus oper3 ator satisfy only part of the requirements of this section, the Secretary 

4 may accept a submission, but shall require submission by the operator 

5 of additional information relevant to the vulnerability assessment and 

6 security plan of the operator to ensure that the remaining requirements 

7 of this section are fulfilled. 

8 (4) NOTIFICATION.—If the Secretary determines that particular ex9 isting procedures, protocols, or standards of an over-the-road bus oper10 ator under this subsection do not satisfy the requirements of this sec11 tion, the Secretary shall provide to the operator a written notification 

12 that includes an explanation of the reasons for non-acceptance. 

13 (5) REVIEW.—Nothing in this subsection shall relieve the Secretary 

14 of the obligation— 

15 (A) to review the vulnerability assessment and security plan 

16 submitted by an over-the-road bus operator under this section; and 

17 (B) to approve or disapprove each submission on an individual 

18 basis. 

19 (i) PERIODIC EVALUATION BY OVER-THE-ROAD BUS PROVIDER RE20 QUIRED.— 

21 (1) SUBMISSION.—Not later than 3 years after the date on which 

22 a vulnerability assessment or security plan required to be submitted to 

23 the Secretary under subsection (c) is approved, and at least once every 

24 5 years thereafter (or on another schedule the Secretary may establish 

25 by regulation), an over-the-road bus operator who submitted a vulner26 ability assessment and security plan and who is still assigned to the 

27 high-risk tier shall also submit to the Secretary an evaluation of the 

28 adequacy of the vulnerability assessment and security plan that in29 cludes a description of material changes made to the vulnerability as30 sessment or security plan. 

31 (2) REVIEW.—Not later than 180 days after the date on which an 

32 evaluation is submitted, the Secretary shall review the evaluation and 

33 notify the over-the-road bus operator submitting the evaluation of the 

34 Secretary’s approval or disapproval of the evaluation. 

35 (j) SHARED FACILITIES.—The Secretary may permit under this section 

36 the development and implementation of coordinated vulnerability assess37 ments and security plans to the extent that an over-the-road bus operator 

38 shares facilities with, or is co-located with, other transportation entities or 

39 providers that are required to develop vulnerability assessments and security 

40 plans under Federal law. 

41 (k) NONDISCLOSURE OF INFORMATION.— 


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1 (1) SUBMISSION OF INFORMATION TO CONGRESS.—Nothing in this 

2 section shall be construed as authorizing the withholding of information 

3 from Congress. 

4 (2) DISCLOSURE OF INDEPENDENTLY FURNISHED INFORMATION.— 

5 Nothing in this section shall be construed as affecting the authority or 

6 obligation of a Federal agency to disclose a record or information that 

7 the Federal agency obtains from an over-the-road bus operator under 

8 any other Federal law. 

9 § 40732. Assistance 

10 (a) IN GENERAL.—The Secretary shall establish a program for making 

11 grants to eligible private operators providing transportation by an over-the12 road bus for security improvements described in subsection (b). 

13 (b) USES OF FUNDS.—A recipient of a grant received under subsection 

14 (a) shall use the grant funds for one or more of the following: 

15 (1) Constructing and modifying terminals, garages, and facilities, in16 cluding terminals and other over-the-road bus facilities owned by State 

17 or local governments, to increase their security. 

18 (2) Modifying over-the-road buses to increase their security. 

19 (3) Protecting or isolating the driver of an over-the-road bus. 

20 (4) Acquiring, upgrading, installing, or operating equipment, soft21 ware, or accessorial services for collection, storage, or exchange of pas22 senger and driver information through ticketing systems or other 

23 means and for information links with government agencies, for security 

24 purposes. 

25 (5) Installing cameras and video surveillance equipment on over-the26 road buses and at terminals, garages, and over-the-road bus facilities. 

27 (6) Establishing and improving an emergency communications sys28 tem linking drivers and over-the-road buses to the recipient’s oper29 ations center or linking the operations center to law enforcement and 

30 emergency personnel. 

31 (7) Implementing and operating passenger screening programs for 

32 weapons and explosives. 

33 (8) Public awareness campaigns for enhanced over-the-road bus se34 curity. 

35 (9) Operating and capital costs associated with over-the-road bus se36 curity awareness, preparedness, and response training, including train37 ing under section 40734 of this title and training developed by institu38 tions of higher education and by nonprofit employee labor organiza39 tions, for over-the-road bus employees, including frontline employees. 

40 (10) Chemical, biological, radiological, or explosive detection, includ41 ing canine patrols for detection. 


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1 (11) Overtime reimbursement, including reimbursement of State, 

2 local, and tribal governments for costs, for enhanced security personnel 

3 assigned to duties related to over-the-road bus security during periods 

4 of high or severe threat levels, National Special Security Events, or 

5 other periods of heightened security as determined by the Secretary. 

6 (12) Live or simulated exercises, including those described in section 

7 40733 of this title. 

8 (13) Operational costs to hire, train, and employ police and security 

9 officers, including canine units, assigned to full-time security or 

10 counterterrorism duties related to over-the-road bus transportation, in11 cluding reimbursement of State, local, and tribal government costs for 

12 the personnel. 

13 (14) Development of assessments or security plans under section 

14 40731 of this title. 

15 (15) Other improvements the Secretary considers appropriate. 

16 (c) DUE CONSIDERATION.—In making grants under this section, the Sec17 retary shall prioritize grant funding based on security risks to bus pas18 sengers and the ability of a project to reduce, or enhance response to, that 

19 risk, and shall not penalize private operators of over-the-road buses that 

20 took measures to enhance over-the-road bus transportation security prior to 

21 September 11, 2001. 

22 (d) SECRETARY’S RESPONSIBILITIES.—In carrying out the responsibilities 

23 under subsection (a), the Secretary shall— 

24 (1) determine the requirements for recipients of grants under this 

25 section, including application requirements; 

26 (2) select grant recipients; 

27 (3) award the funds authorized by this section based on risk, as 

28 identified by the plans required under section 40731 of this title or an 

29 assessment or plan described in subsection (f)(2); and 

30 (4) under subsection (c), establish priorities for the use of funds for 

31 grant recipients. 

32 (e) DISTRIBUTION OF GRANTS.—The Secretary and the Secretary of 

33 Transportation shall determine the most effective and efficient way to dis34 tribute grant funds to the recipients of grants determined by the Secretary 

35 under subsection (a). Subject to the determination made by the Secretaries, 

36 the Secretary may transfer funds to the Secretary of Transportation for the 

37 purposes of disbursing funds to the grant recipient. 

38 (f) ELIGIBILITY.— 

39 (1) IN GENERAL.—A private operator providing transportation by an 

40 over-the-road bus is eligible for a grant under this section if the oper41 ator has completed a vulnerability assessment and developed a security 


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1 plan that the Secretary has approved under section 40731 of this title. 

2 Grant funds may only be used for permissible uses under subsection 

3 (b) to further an over-the-road bus security plan. 

4 (2) INTERIM ELIGIBILITY.—Notwithstanding the requirements for 

5 eligibility and uses in paragraph (1), the Secretary may award grants 

6 under this section for over-the-road bus security improvements listed 

7 under subsection (b) based on over-the-road bus vulnerability assess8 ments and security plans that the Secretary considers sufficient for the 

9 purposes of this section but have not been approved by the Secretary 

10 under section 40731 of this title 

11 (g) GRANT TERMS AND CONDITIONS.—Except as otherwise specifically 

12 provided in this section, a grant made under this section shall be subject 

13 to the terms and conditions applicable to subrecipients who provide over14 the-road bus transportation under 5311(f) of title 49 and other terms and 

15 conditions that the Secretary determines are necessary. 

16 (h) LIMITATION ON USES OF FUNDS.—A grant made under this section 

17 may not be used to make a State or local government cost-sharing contribu18 tion under any other Federal law. 

19 (i) ANNUAL REPORTS.—Each recipient of a grant under this section shall 

20 report annually to the Secretary on the use of the grant funds. 

21 (j) CONSULTATION.—In carrying out this section, the Secretary shall con22 sult with over-the-road bus operators and nonprofit employee labor organi23 zations representing over-the-road bus employees and public safety and law 

24 enforcement officials. 

25 § 40733. Exercises 

26 (a) IN GENERAL.—The Secretary shall establish a program for con27 ducting security exercises for over-the-road bus transportation for the pur28 pose of assessing and improving the capabilities of entities described in sub29 section (b) to prevent, prepare for, mitigate, respond to, and recover from 

30 acts of terrorism. 

31 (b) COVERED ENTITIES.—Entities to be assessed under the program in32 clude— 

33 (1) Federal, State, and local agencies and tribal governments; 

34 (2) over-the-road bus operators and over-the-road bus terminal own35 ers and operators; 

36 (3) governmental and nongovernmental emergency response pro37 viders and law enforcement agencies; and 

38 (4) other organizations or entities that the Secretary determines ap39 propriate. 

40 (c) REQUIREMENTS.—The Secretary shall ensure that the program— 


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1 (1) consolidates existing security exercises for over-the-road bus op2 erators and terminals administered by the Department and the Depart3 ment of Transportation, as jointly determined by the Secretary and the 

4 Secretary of Transportation, unless the Secretary waives this consolida5 tion requirement, as appropriate; 

6 (2) consists of exercises that are— 

7 (A) scaled and tailored to the needs of the over-the-road bus op8 erators and terminals, including addressing the needs of the elder9 ly and individuals with disabilities; 

10 (B) live, in the case of the facilities most at risk to a terrorist 

11 attack; 

12 (C) coordinated with appropriate officials; 

13 (D) as realistic as practicable and based on current risk assess14 ments, including credible threats, vulnerabilities, and con15 sequences; 

16 (E) inclusive, as appropriate, of over-the-road bus frontline em17 ployees; and 

18 (F) consistent with the National Incident Management System, 

19 the National Response Plan, the National Infrastructure Protec20 tion Plan, the National Preparedness Guidance, the National Pre21 paredness Goal, and other such national initiatives; 

22 (3) provides that exercises described in paragraph (2) will be— 

23 (A) evaluated by the Secretary against clear and consistent per24 formance measures; 

25 (B) assessed by the Secretary to identify best practices, which 

26 shall be shared, as appropriate, with operators providing over-the27 road bus transportation, nonprofit employee organizations that 

28 represent over-the-road bus employees, Federal, State, local, and 

29 tribal officials, governmental and nongovernmental emergency re30 sponse providers, and law enforcement personnel; and 

31 (C) used to develop recommendations, as appropriate, provided 

32 to over-the-road bus operators and terminal owners and operators 

33 on remedial action to be taken in response to lessons learned; 

34 (4) allows for proper advanced notification of communities and local 

35 governments in which exercises are held, as appropriate; and 

36 (5) assists State, local, and tribal governments and over-the-road bus 

37 operators and terminal owners and operators in designing, imple38 menting, and evaluating additional exercises that conform to the re39 quirements of paragraph (2). 

40 (d) CONSISTENT WITH NATIONAL EXERCISE PROGRAM.—The Secretary 

41 shall ensure that the exercise program developed under subsection (c) is 


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1 consistent with the national exercise program established under section 

2 20508 of this title. 

3 § 40734. Training program 

4 (a) IN GENERAL.—The Secretary shall develop and issue regulations for 

5 an over-the-road bus training program to prepare over-the-road bus front6 line employees for potential security threats and conditions. The regulations 

7 shall take into consideration current security training requirements or best 

8 practices. 

9 (b) CONSULTATION.—The Secretary shall develop regulations under sub10 section (a) in consultation with— 

11 (1) appropriate law enforcement, fire service, emergency response, 

12 security, and terrorism experts; 

13 (2) operators providing over-the-road bus transportation; and 

14 (3) nonprofit employee labor organizations representing over-the-road 

15 bus employees and emergency response personnel. 

16 (c) PROGRAM ELEMENTS.—The regulations developed under subsection 

17 (a) shall require security training programs, to include, at a minimum, ele18 ments to address the following, as applicable: 

19 (1) Determination of the seriousness of an occurrence or threat. 

20 (2) Driver and passenger communication and coordination. 

21 (3) Appropriate responses to defend or protect oneself. 

22 (4) Use of personal and other protective equipment. 

23 (5) Evacuation procedures for passengers and over-the-road bus em24 ployees, including individuals with disabilities and the elderly. 

25 (6) Psychology, behavior, and methods of terrorists, including obser26 vation and analysis. 

27 (7) Training related to psychological responses to terrorist incidents, 

28 including the ability to cope with hijacker behavior and passenger re29 sponses. 

30 (8) Live situational training exercises regarding various threat condi31 tions, including tunnel evacuation procedures. 

32 (9) Recognition and reporting of dangerous substances, suspicious 

33 packages, and situations. 

34 (10) Understanding security incident procedures, including proce35 dures for communicating with emergency response providers and for 

36 on-scene interaction with emergency response providers. 

37 (11) Operation and maintenance of security equipment and systems. 

38 (12) Other security training activities that the Secretary considers 

39 appropriate. 

40 (d) REQUIRED PROGRAMS.— 


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1 (1) DEVELOPMENT AND SUBMISSION TO SECRETARY.—Not later 

2 than 90 days after the Secretary issues the regulations under sub3 section (a), each over-the-road bus operator shall develop a security 

4 training program in accordance with the regulations and submit the 

5 program to the Secretary for approval. 

6 (2) APPROVAL.—Not later than 60 days after receiving a security 

7 training program proposal under this subsection, the Secretary shall 

8 approve the program or require the over-the-road bus operator that de9 veloped the program to make revisions to the program that the Sec10 retary considers necessary for the program to meet the requirements 

11 of the regulations. An over-the-road bus operator shall respond to the 

12 Secretary’s comments not later than 30 days after receiving them. 

13 (3) TRAINING.—Not later than 1 year after the Secretary approves 

14 a security training program under this subsection, the over-the-road 

15 bus operator that developed the program shall complete the training of 

16 all over-the-road bus frontline employees who were hired by the oper17 ator more than 30 days preceding the approval date. For employees 

18 employed by an operator for fewer than 30 days preceding the approval 

19 date, training shall be completed within the first 60 days of employ20 ment. 

21 (4) UPDATES OF REGULATIONS AND PROGRAM REVISIONS.—The 

22 Secretary shall periodically review and update, as appropriate, the 

23 training regulations issued under subsection (a) to reflect new or 

24 changing security threats. Each over-the-road bus operator shall revise 

25 its training program accordingly and provide additional training as nec26 essary to its employees within a reasonable time after the regulations 

27 are updated. 

28 (e) NATIONAL TRAINING PROGRAM.—The Secretary shall ensure that the 

29 training program developed under subsection (a) is a component of the na30 tional training program established under section 20508 of this title. 

31 § 40735. Research and development 

32 (a) IN GENERAL.—The Secretary, acting through the Under Secretary 

33 for Science and Technology and the Administrator of the Transportation 

34 Security Administration, shall carry out a research and development pro35 gram for the purpose of improving the security of over-the-road buses. 

36 (b) ELIGIBLE PROJECTS.—The research and development program may 

37 include projects— 

38 (1) to reduce the vulnerability of over-the-road buses, stations, termi39 nals, and equipment to explosives and hazardous chemical, biological, 

40 and radioactive substances, including the development of technology to 


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1 screen passengers in large numbers with minimal interference and dis2 ruption; 

3 (2) to test new emergency response and recovery techniques and 

4 technologies, including those used at international borders; 

5 (3) to develop improved technologies, including those for— 

6 (A) emergency response training, including training in a tunnel 

7 environment, if appropriate; and 

8 (B) security and redundancy for critical communications, elec9 trical power, computer, and over-the-road bus control systems; and 

10 (4) to address other vulnerabilities and risks identified by the Sec11 retary. 

12 (c) COORDINATION WITH OTHER RESEARCH INITIATIVES.—The Sec13 retary— 

14 (1) shall ensure that the research and development program is con15 sistent with the other transportation security research and development 

16 programs required by section 30304 and chapters 401 through 407 of 

17 this title; 

18 (2) shall, to the extent practicable, coordinate the research and de19 velopment activities of the Department with other ongoing research and 

20 development security-related initiatives, including research being con21 ducted by— 

22 (A) the Department of Transportation, including University 

23 Transportation Centers and other institutes, centers, and simula24 tors funded by the Department of Transportation; 

25 (B) the National Academy of Sciences; 

26 (C) the Technical Support Working Group; 

27 (D) other Federal departments and agencies; and 

28 (E) other Federal and private research laboratories, research 

29 entities, and institutions of higher education, including Historically 

30 Black Colleges and Universities, Hispanic Serving Institutions, 

31 and Indian Tribally Controlled Colleges and Universities; 

32 (3) shall carry out a research and development project authorized by 

33 this section through a reimbursable agreement with an appropriate 

34 Federal agency, if the agency— 

35 (A) is currently sponsoring a research and development project 

36 in a similar area; or 

37 (B) has a unique facility or capability that would be useful in 

38 carrying out the project; 

39 (4) may award grants and enter into cooperative agreements, con40 tracts, other transactions, or reimbursable agreements to the entities 


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1 described in paragraph (2) and eligible recipients under section 40732 

2 of this title; and 

3 (5) shall make reasonable efforts to enter into memoranda of under4 standing, contracts, grants, cooperative agreements, or other trans5 actions with private operators providing over-the-road bus transpor6 tation willing to contribute assets, physical space, and other resources. 

7 (d) PRIVACY AND CIVIL RIGHTS AND CIVIL LIBERTIES ISSUES.— 

8 (1) CONSULTATION.—In carrying out research and development 

9 projects under this section, the Secretary shall consult with the Chief 

10 Privacy Officer of the Department and the Officer for Civil Rights and 

11 Civil Liberties of the Department as appropriate and under section 

12 10543 of this title. 

13 (2) PRIVACY IMPACT ASSESSMENTS.—In accordance with sections 

14 10543 and 11505 of this title, the Chief Privacy Officer shall conduct 

15 privacy impact assessments and the Officer for Civil Rights and Civil 

16 Liberties shall conduct reviews, as appropriate, for research and devel17 opment initiatives developed under this section that the Secretary de18 termines could have an impact on privacy, civil rights, or civil liberties. 

19 Subchapter IV—Hazardous Material and 

20 Pipeline Security 

21 § 40741. Railroad routing of security-sensitive materials 

22 (a) DEFINITIONS.—In this section: 

23 (1) HIGH-CONSEQUENCE TARGET.—The term ‘‘high-consequence tar24 get’’ means a property, natural resource, location, area, or other target 

25 designated by the Secretary that is a viable terrorist target of national 

26 significance, which may include a facility or specific critical infrastruc27 ture, the attack of which by railroad could result in— 

28 (A) catastrophic loss of life; 

29 (B) significant damage to national security or defense capabili30 ties; or 

31 (C) national economic harm. 

32 (2) ROUTE.—The term ‘‘route’’ includes storage facilities and track33 age used by railroad cars in transportation in commerce. 

34 (b) SECURITY-SENSITIVE MATERIALS COMMODITY DATA.—The Secretary 

35 of Transportation shall, by regulation, require each railroad carrier trans36 porting security-sensitive materials in commerce to, no later than 90 days 

37 after the end of each calendar year, compile security-sensitive materials 

38 commodity data. The data must be collected by route, line segment, or se39 ries of line segments, as aggregated by the railroad carrier. Within the rail40 road-carrier-selected route, the commodity data must identify the geographic 


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1 location of the route and the total number of shipments by the United Na2 tions identification number for the security-sensitive materials. 

3 (c) RAILROAD TRANSPORTATION ROUTE ANALYSIS FOR SECURITY-SEN4 SITIVE MATERIALS.—The Secretary of Transportation shall ensure that the 

5 regulation issued under this section requires each railroad carrier trans6 porting security-sensitive materials in commerce to, for each calendar year, 

7 provide a written analysis of the safety and security risks for the transpor8 tation routes identified in the security-sensitive materials commodity data 

9 collected as required by subsection (b). The safety and security risks present 

10 shall be analyzed for the route, railroad facilities, railroad storage facilities, 

11 and high-consequence targets along or in proximity to the route. 

12 (d) ALTERNATIVE ROUTE ANALYSIS FOR SECURITY-SENSITIVE MATE13 RIALS.—The Secretary of Transportation shall ensure that the regulation 

14 issued under this section requires each railroad carrier transporting secu15 rity-sensitive materials in commerce to— 

16 (1) for each calendar year— 

17 (A) identify practicable alternative routes over which the rail18 road carrier has authority to operate as compared to the current 

19 route for a shipment analyzed under subsection (c); and 

20 (B) perform a safety and security risk assessment of the alter21 native route for comparison to the route analysis specified in sub22 section (c); 

23 (2) ensure that the analysis under paragraph (1) includes— 

24 (A) identification of safety and security risks for an alternative 

25 route; 

26 (B) comparison of those risks identified under subparagraph 

27 (A) to the primary railroad transportation route, including the risk 

28 of a catastrophic release from a shipment traveling along the alter29 nate route compared to the primary route; 

30 (C) remediation or mitigation measures implemented on the pri31 mary or alternative route; and 

32 (D) potential economic effects of using an alternative route; and 

33 (3) consider when determining the practicable alternative routes 

34 under paragraph (1)(A) the use of interchange agreements with other 

35 railroad carriers. 

36 (e) ALTERNATIVE ROUTE SELECTION FOR SECURITY-SENSITIVE MATE37 RIALS.—The Secretary of Transportation shall ensure that the regulation 

38 issued under this section requires each railroad carrier transporting secu39 rity-sensitive materials in commerce to use the analysis required by sub40 sections (c) and (d) to select the safest and most secure route to be used 

41 in transporting security-sensitive materials. 


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1 (f) REVIEW.—The Secretary of Transportation shall ensure that the regu2 lation issued under this section requires each railroad carrier transporting 

3 security-sensitive materials in commerce to annually review and select the 

4 practicable route posing the least overall safety and security risk under this 

5 section. The railroad carrier must retain in writing all route review and se6 lection decision documentation and restrict the distribution, disclosure, and 

7 availability of information contained in the route analysis to appropriate 

8 persons. This documentation should include, but is not limited to, compara9 tive analyses, charts, graphics, or railroad system maps. 

10 (g) RETROSPECTIVE ANALYSIS.—The Secretary of Transportation shall 

11 ensure that the regulation issued under this section requires each railroad 

12 carrier transporting security-sensitive materials in commerce to, not less 

13 than once every 3 years, analyze the route selection determinations required 

14 under this section. The analysis shall include a comprehensive, system-wide 

15 review of all operational changes, infrastructure modifications, traffic ad16 justments, changes in the nature of high-consequence targets located along 

17 or in proximity to the route, or other changes affecting the safety and secu18 rity of the movements of security-sensitive materials that were implemented 

19 since the previous analysis was completed. 

20 (h) CONSULTATION.—In carrying out subsection (c), railroad carriers 

21 transporting security-sensitive materials in commerce shall seek relevant in22 formation from State, local, and tribal officials, as appropriate, regarding 

23 security risks to high-consequence targets along or in proximity to a route 

24 used by a railroad carrier to transport security-sensitive materials. 

25 § 40742. Railroad security-sensitive material tracking 

26 (a) IN GENERAL.— In conjunction with the research and development 

27 program established under section 40717 of this title and consistent with 

28 the results of research relating to wireless and other tracking technologies, 

29 the Secretary, in consultation with the Administrator of the Transportation 

30 Security Administration, shall develop a program that will encourage the 

31 equipping of railroad cars transporting security-sensitive materials, as de32 fined in section 40701 of this title, with technology that provides— 

33 (1) car position location and tracking capabilities; and 

34 (2) notification of railroad car depressurization, breach, unsafe tem35 perature, or release of hazardous materials, as appropriate. 

36 (b) COORDINATION.—In developing the program required by subsection 

37 (a), the Secretary shall— 

38 (1) consult with the Secretary of Transportation to coordinate the 

39 program with ongoing or planned efforts for railroad car tracking at 

40 the Department of Transportation; and 


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1 (2) ensure that the program is consistent with recommendations and 

2 findings of the Department of Homeland Security’s hazardous material 

3 railroad tank car tracking pilot programs. 

4 § 40743. Motor carrier security-sensitive material tracking 

5 (a) COMMUNICATIONS.— 

6 (1) IN GENERAL.—Consistent with the findings of the Transpor7 tation Security Administration’s hazardous materials truck security 

8 pilot program, the Secretary, through the Administrator of the Trans9 portation Security Administration and in consultation with the Sec10 retary of Transportation, shall develop a program to facilitate the 

11 tracking of motor carrier shipments of security-sensitive materials and 

12 to equip vehicles used in the shipments with technology that provides— 

13 (A) frequent or continuous communications; 

14 (B) vehicle position location and tracking capabilities; and 

15 (C) a feature that allows a driver of the vehicles to broadcast 

16 an emergency distress signal. 

17 (2) CONSIDERATIONS.—In developing the program required by para18 graph (1), the Secretary shall— 

19 (A) consult with the Secretary of Transportation to coordinate 

20 the program with ongoing or planned efforts for motor carrier or 

21 security-sensitive materials tracking at the Department of Trans22 portation; 

23 (B) take into consideration the recommendations and findings 

24 of the report on the hazardous material safety and security oper25 ational field test released by the Federal Motor Carrier Safety Ad26 ministration on November 11, 2004; and 

27 (C) evaluate— 

28 (i) new information related to the costs and benefits of de29 ploying, equipping, and utilizing tracking technology, includ30 ing portable tracking technology, for motor carriers trans31 porting security-sensitive materials not included in the haz32 ardous material safety and security operational field test re33 port released by the Federal Motor Carrier Safety Adminis34 tration on November 11, 2004; 

35 (ii) the ability of tracking technology to resist tampering 

36 and disabling; 

37 (iii) the capability of tracking technology to collect, display, 

38 and store information regarding the movement of shipments 

39 of security-sensitive materials by commercial motor vehicles; 


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1 (iv) the appropriate range of contact intervals between the 

2 tracking technology and a commercial motor vehicle trans3 porting security-sensitive materials; 

4 (v) technology that allows the installation by a motor car5 rier of concealed electronic devices on commercial motor vehi6 cles that can be activated by law enforcement authorities to 

7 disable the vehicle or alert emergency response resources to 

8 locate and recover security-sensitive materials in the event of 

9 loss or theft of the materials; 

10 (vi) whether installation of the technology described in 

11 clause (v) should be incorporated into the program under 

12 paragraph (1); 

13 (vii) the costs, benefits, and practicality of the technology 

14 described in clause (v) in the context of the overall benefit to 

15 national security, including commerce in transportation; and 

16 (viii) other systems and information that the Secretary de17 termines appropriate. 

18 (b) LIMITATION.—The Secretary may not mandate the installation or uti19 lization of a technology described under this section without additional con20 gressional authority provided after August 3, 2007. 

21 § 40744. Use of transportation security card in hazmat li22 censing 

23 (a) BACKGROUND CHECK.—An individual who has a valid transportation 

24 employee identification card issued by the Secretary under section 70105 of 

25 title 46, is deemed to have met the background records check required 

26 under section 5103a of title 49. 

27 (b) STATE REVIEW.—Nothing in this subsection prevents or preempts a 

28 State from conducting a criminal records check of an individual who has 

29 applied for a license to operate a motor vehicle transporting in commerce 

30 a hazardous material. 

31 § 40745. Pipeline security inspections and enforcement 

32 (a) IN GENERAL.—Consistent with the Annex to the Memorandum of 

33 Understanding executed on August 9, 2006, between the Department of 

34 Transportation and the Department, the Secretary, in consultation with the 

35 Secretary of Transportation, shall establish a program for reviewing pipeline 

36 operator adoption of recommendations of the September 5, 2002, Depart37 ment of Transportation Research and Special Programs Administration’s 

38 Pipeline Security Information Circular, including the review of pipeline secu39 rity plans and critical facility inspections. 

40 (b) REVIEW AND INSPECTION.—The Secretary and the Secretary of 

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1 line security plans and for inspecting the critical facilities of the 100 most 

2 critical pipeline operators covered by the September 5, 2002, circular, where 

3 the facilities have not been inspected for security purposes since September 

4 5, 2002, by either the Department or the Department of Transportation. 

5 (c) COMPLIANCE REVIEW METHODOLOGY.—In reviewing pipeline oper6 ator compliance under subsections (a) and (b), risk assessment methodolo7 gies shall be used to prioritize risks and to target inspection and enforce8 ment actions to the highest risk pipeline assets. 

9 (d) REGULATIONS.—The Secretary and the Secretary of Transportation 

10 shall develop and transmit to pipeline operators security recommendations 

11 for natural gas and hazardous liquid pipelines and pipeline facilities. If the 

12 Secretary determines that regulations are appropriate, the Secretary shall 

13 consult with the Secretary of Transportation on the extent of risk and ap14 propriate mitigation measures, and the Secretary or the Secretary of Trans15 portation, consistent with the Annex to the Memorandum of Understanding 

16 executed on August 9, 2006, shall promulgate regulations and carry out 

17 necessary inspection and enforcement actions. Regulations shall incorporate 

18 the guidance provided to pipeline operators by the September 5, 2002, De19 partment of Transportation Research and Special Programs Administra20 tion’s Pipeline Security Information Circular and contain additional require21 ments as necessary based upon the results of the inspections performed 

22 under subsection (b). The regulations shall include the imposition of civil 

23 penalties for noncompliance. 

24 § 40746. Pipeline security and incident recovery plan 

25 (a) IN GENERAL.—The Secretary, in consultation with the Secretary of 

26 Transportation and the Administrator of the Pipeline and Hazardous Mate27 rials Safety Administration, and in accordance with the Annex to the Memo28 randum of Understanding executed on August 9, 2006, the National Strat29 egy for Transportation Security, and Homeland Security Presidential Direc30 tive–7, shall develop a pipeline security and incident recovery protocols plan. 

31 The plan shall include— 

32 (1) a security plan for the Government to provide increased security 

33 support to the most critical interstate and intrastate natural gas and 

34 hazardous liquid transmission pipeline infrastructure and operations as 

35 determined under section 40745 of this title when— 

36 (A) the pipeline infrastructure or operations are under severe 

37 security threat levels of alert; or 

38 (B) specific security threat information relating to the pipeline 

39 infrastructure or operations exists; and 

40 (2) an incident recovery protocol plan, developed in conjunction with 

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1 tors and terminals and facilities operators connected to pipelines, to de2 velop protocols to ensure the continued transportation of natural gas 

3 and hazardous liquids to essential markets and for essential public 

4 health or national defense uses in the event of an incident affecting the 

5 interstate and intrastate natural gas and hazardous liquid transmission 

6 and distribution pipeline system, including protocols for restoring es7 sential services supporting pipelines and granting access to pipeline op8 erators for pipeline infrastructure repair, replacement, or bypass fol9 lowing an incident. 

10 (b) EXISTING PRIVATE- AND PUBLIC-SECTOR EFFORTS.—The plan shall 

11 take into account actions taken or planned by both private and public enti12 ties to address identified pipeline security issues and assess the effective in13 tegration of the actions. 

14 (c) CONSULTATION.—In developing the plan under subsection (a), the 

15 Secretary shall consult with the Secretary of Transportation, interstate and 

16 intrastate transmission and distribution pipeline operators, nonprofit em17 ployee organizations representing pipeline employees, emergency responders, 

18 offerors, State pipeline safety agencies, public safety officials, and other rel19 evant parties. 

20 Chapter 409—Air Transportation Security 

Sec. 

Subchapter I—General 

40901. Definitions. 

Subchapter II—Requirements 

40911. Screening passengers and property. 

40912. Refusal to transport passengers and property. 

40913. Air transportation security. 

40914. Domestic air transportation system security. 

40915. Information about threats to civil aviation. 

40916. Foreign air carrier security programs. 

40917. Security standards at foreign airports. 

40918. Travel advisory and suspension of foreign assistance. 

40919. Passenger manifests. 

40920. Agreements on aircraft sabotage, aircraft hijacking, and airport security. 

40921. Intelligence. 

40922. Research and development. 

40923. Explosive detection. 

40924. Airport construction guidelines. 

40925. Alaska exemptions. 

40926. Assessments and evaluations. 

40927. Federal air marshals and training of law enforcement personnel. 

40928. Crew training. 

40929. Security screening program. 

40930. Federal flight deck officer program. 

40931. Deputation of State and local law enforcement officers. 

40932. Airport security improvement projects. 

40933. Repair station security. 

40934. Deployment and use of detection equipment at airport screening checkpoints. 

40935. Appeal and redress process for passengers wrongly delayed or prohibited from boarding a flight. 

40936. Expedited screening for severely injured or disabled members of the armed forces and 

severely injured or disabled veterans. 

40937. Honor Flight program. 

Subchapter III—Administration and Personnel 


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40951. Federal Security Managers. 

40952. Foreign Security Liaison Officers. 

40953. Employment standards and training. 

40954. Employment investigations and restrictions. 

40955. Prohibition on transferring duties and powers. 

40956. Reports. 

40957. Training to operate certain aircraft. 

40958. Security service fee. 

40959. Immunity for reporting suspicious activities. 

40960. Performance goals and objectives. 

40961. Aviation Security Advisory Committee. 

1 Subchapter I—General 

2 § 40901. Definitions 

3 (a) TITLE 49 DEFINITIONS.—Unless otherwise specifically provided, the 

4 definitions in section 40102 of title 49 apply to this chapter. 

5 (b) ADMINISTRATOR.—In this chapter, the term ‘‘Administrator’’ means 

6 the Administrator of the Transportation Security Administration. 

7 Subchapter II—Requirements 

8 § 40911. Screening passengers and property 

9 (a) IN GENERAL.—The Administrator shall provide for the screening of 

10 all passengers and property, including United States mail, cargo, carry-on 

11 and checked baggage, and other articles, that will be carried aboard a pas12 senger aircraft operated by an air carrier or foreign air carrier in air trans13 portation or intrastate air transportation. In the case of flights and flight 

14 segments originating in the United States, the screening shall take place be15 fore boarding and shall be carried out by a Federal Government employee 

16 (as defined in section 2105 of title 5), except as otherwise provided in sec17 tion 40929 of this title and except for identifying passengers and baggage 

18 for screening under the CAPPS and known shipper programs and con19 ducting positive bag-match programs. 

20 (b) SUPERVISION OF SCREENING.—All screening of passengers and prop21 erty at airports in the United States where screening is required under this 

22 section shall be supervised by uniformed Federal personnel of the Transpor23 tation Security Administration, who shall have the power to order the dis24 missal of an individual performing screening. 

25 (c) CHECKED BAGGAGE DEADLINE.—A system must be in operation to 

26 screen all checked baggage at all airports in the United States as soon as 

27 practicable. 

28 (d) EXPLOSIVES DETECTION SYSTEMS.— 

29 (1) IN GENERAL.—The Administrator shall take all necessary action 

30 to ensure that— 

31 (A) explosives detection systems are deployed as soon as pos32 sible to ensure that all United States airports described in section 

33 40913(c) of this title have sufficient explosives detection systems 

34 to screen all checked baggage and that as soon as the systems are 


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1 in place at an airport, all checked baggage at the airport is 

2 screened by those systems; 

3 (B) all systems deployed under subparagraph (A) are fully uti4 lized; and 

5 (C) if explosives detection equipment at an airport is unavail6 able, all checked baggage is screened by an alternative means. 

7 (2) PRECLEARANCE AIRPORTS.— 

8 (A) DEFINITION OF AVIATION SECURITY PRECLEARANCE

9 AGREEMENT.—In this paragraph, the term ‘‘aviation security 

10 preclearance agreement’’ means an agreement that delineates and 

11 implements security standards and protocols that are determined 

12 by the Administrator, in coordination with U.S. Customs and Bor13 der Protection, to be comparable to those of the United States and 

14 therefore sufficiently effective to enable passengers to deplane into 

15 sterile areas of airports in the United States. 

16 (B) IN GENERAL.—For a flight or flight segment originating at 

17 an airport outside the United States and traveling to the United 

18 States with respect to which checked baggage has been screened 

19 in accordance with an aviation security preclearance agreement be20 tween the United States and the country in which the airport is 

21 located, the Administrator may, in coordination with U.S. Customs 

22 and Border Protection, determine whether the baggage must be 

23 re-screened in the United States by an explosives detection system 

24 before the baggage continues on any additional flight or flight seg25 ment. 

26 (C) RESCREENING REQUIREMENT.—If the Administrator deter27 mines that the government of a foreign country has not main28 tained security standards and protocols comparable to those of the 

29 United States at airports at which preclearance operations have 

30 been established in accordance with this paragraph, the Adminis31 trator shall ensure that Transportation Security Administration 

32 personnel rescreen passengers arriving from those airports and 

33 their property in the United States before the passengers are per34 mitted into sterile area of airports in the United States. 

35 (D) REPORT.—The Administrator shall submit to the Com36 mittee on Homeland Security of the House of Representatives, the 

37 Committee on Commerce, Science, and Transportation of the Sen38 ate, and the Committee on Homeland Security and Governmental 

39 Affairs of the Senate an annual report on the re-screening of bag40 gage under this paragraph. Each report shall include the following 

41 for the year covered by the report: 


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1 (i) A list of airports outside the United States from which 

2 a flight or flight segment traveled to the United States for 

3 which the Administrator determined, in accordance with the 

4 authority under subparagraph (B), that checked baggage was 

5 not required to be re-screened in the United States by an ex6 plosives detection system before the baggage continued on an 

7 additional flight or flight segment. 

8 (ii) The amount of Federal savings generated from the ex9 ercise of the authority. 

10 (e) CARGO DEADLINE.—A system must be in operation to screen, inspect, 

11 or otherwise ensure the security of all cargo that is to be transported in 

12 all-cargo aircraft in air transportation and intrastate air transportation as 

13 soon as practicable. 

14 (f) AIR CARGO ON PASSENGER AIRCRAFT.— 

15 (1) DEFINITION OF SCREENING.—In this subsection, the term 

16 ‘‘screening’’ means a physical examination or nonintrusive methods of 

17 assessing whether cargo poses a threat to transportation security, in18 cluding x-ray systems, explosives detection systems, explosives trace de19 tection, explosives detection canine teams certified by the Transpor20 tation Security Administration, or a physical search together with 

21 manifest verification. 

22 (2) IN GENERAL.—The Secretary shall establish a system to screen 

23 100 percent of cargo transported on passenger aircraft operated by an 

24 air carrier or foreign air carrier in air transportation or intrastate air 

25 transportation to ensure the security of all passenger aircraft carrying 

26 cargo. 

27 (3) MINIMUM STANDARDS.—The system referred to in paragraph (2) 

28 shall require, at a minimum, that equipment, technology, procedures, 

29 personnel, or other methods approved by the Administrator, are used 

30 to screen cargo carried on passenger aircraft described in paragraph 

31 (2) to provide a level of security commensurate with the level of secu32 rity for the screening of passenger checked baggage. 

33 (4) ADDITIONAL CARGO SCREENING METHODS.— 

34 (A) IN GENERAL.—The Administrator may approve additional 

35 methods to ensure that the cargo does not pose a threat to trans36 portation security and to assist in meeting the requirements of 

37 this subsection. 

38 (B) MINIMUM REQUIREMENTS.—The additional cargo screening 

39 methods shall not include solely performing a review of informa40 tion about the contents of cargo or verifying the identity of a ship41 per of the cargo that is not performed in conjunction with other 


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1 security methods authorized under this subsection, including 

2 whether a known shipper is registered in the known shipper data3 base. 

4 (C) CERTIFICATION PROGRAM.—The additional cargo screening 

5 methods may include a program to certify the security methods 

6 used by shippers under paragraphs (2) and (3) and alternative 

7 screening methods pursuant to exemptions referred to in sub8 section (b) of section 1602 of the Implementing Recommendations 

9 of the 9/11 Commission Act of 2007 (Public Law 110–53, 121 

10 Stat. 479). 

11 (5) REGULATIONS.—The Secretary shall, by regulation, implement 

12 this subsection in accordance with the provisions of chapter 5 of title 

13 5. 

14 (g) DEPLOYMENT OF ARMED LAW ENFORCEMENT PERSONNEL.— 

15 (1) IN GENERAL.—The Administrator shall order the deployment of 

16 law enforcement personnel authorized to carry firearms at each airport 

17 security screening location to ensure passenger safety and national se18 curity. 

19 (2) MINIMUM REQUIREMENTS.—Except at airports required to enter 

20 into agreements under subsection (c), the Administrator shall order the 

21 deployment of at least one law enforcement officer at each airport secu22 rity screening location. At the 100 largest airports in the United 

23 States, in terms of annual passenger enplanements for the most recent 

24 calendar year for which data are available, the Secretary shall order 

25 the deployment of additional law enforcement personnel at airport secu26 rity screening locations if the Administrator determines that the addi27 tional deployment is necessary to ensure passenger safety and national 

28 security. 

29 (h) EXEMPTIONS AND ADVISING CONGRESS ON REGULATIONS.—The Ad30 ministrator— 

31 (1) may exempt from this section air transportation operations, ex32 cept scheduled passenger operations of an air carrier providing air 

33 transportation under a certificate issued under section 41102 of title 

34 49 or a permit issued under section 41302 of title 49; and 

35 (2) shall advise Congress of a regulation to be prescribed under this 

36 section at least 30 days before the effective date of the regulation, un37 less the Administrator decides an emergency exists requiring the regu38 lation to become effective in fewer than 30 days and notifies Congress 

39 of that decision. 

40 (i) BLAST-RESISTANT CARGO CONTAINERS.— 

41 (1) IN GENERAL.—The Administrator shall— 


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1 (A) evaluate the results of the blast-resistant cargo container 

2 pilot program that was initiated before August 3, 2007; and 

3 (B) prepare and distribute through the Aviation Security Advi4 sory Committee to the appropriate Committees of Congress and 

5 air carriers a report on that evaluation which may contain non6 classified and classified sections. 

7 (2) ACQUISITION, MAINTENANCE, AND REPLACEMENT.—On comple8 tion and consistent with the results of the evaluation that paragraph 

9 (1)(A) requires, the Administrator shall— 

10 (A) develop and implement a program, as the Administrator de11 termines appropriate, to acquire, maintain, and replace blast-re12 sistant cargo containers; 

13 (B) pay for the program; and 

14 (C) make available blast-resistant cargo containers to air car15 riers under paragraph (3). 

16 (3) DISTRIBUTION TO AIR CARRIERS.—The Administrator shall make 

17 available blast-resistant cargo containers to air carriers for use on a 

18 risk managed basis as determined by the Secretary. 

19 (j) GENERAL AVIATION AIRPORT SECURITY PROGRAM.— 

20 (1) IN GENERAL.—The Administrator shall— 

21 (A) develop a standardized threat and vulnerability assessment 

22 program for general aviation airports (as defined in section 

23 47134(m) of title 49); and 

24 (B) implement a program to perform the assessments on a risk25 managed basis at general aviation airports. 

26 (2) GRANT PROGRAM.—The Administrator shall complete a study of 

27 the feasibility of a program, based on a risk-managed approach, to pro28 vide grants to operators of general aviation airports (as defined in sec29 tion 47134(m) of title 49) for projects to upgrade security at the air30 ports. If the Secretary determines that a program is feasible, the Sec31 retary shall establish a program. 

32 (3) REQUIRED SUBMISSIONS BY GENERAL AVIATION AIRCRAFT.—The 

33 Administrator shall develop a risk-based system under which— 

34 (A) general aviation aircraft, as identified by the Administrator, 

35 in coordination with the Administrator of the Federal Aviation Ad36 ministration, are required to submit passenger information and 

37 advance notification requirements for U. S. Customs and Border 

38 Protection before entering United States airspace; and 

39 (B) the information is checked against appropriate databases. 


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1 (4) AUTHORIZATION OF APPROPRIATIONS.—There are authorized to 

2 be appropriated to the Administrator such sums as may be necessary 

3 to carry out paragraphs (2) and (3). 

4 (k) LIMITATIONS ON USE OF ADVANCED IMAGING TECHNOLOGY FOR

5 SCREENING PASSENGERS.— 

6 (1) DEFINITIONS.—In this subsection: 

7 (A) ADVANCED IMAGING TECHNOLOGY.—The term ‘‘advanced 

8 imaging technology’’— 

9 (i) means a device used in the screening of passengers that 

10 creates a visual image of an individual showing the surface 

11 of the skin and revealing other objects on the body; and 

12 (ii) may include devices using backscatter x-rays or milli13 meter waves and devices referred to as ‘‘whole-body imaging 

14 technology’’ or ‘‘body scanning machines’’. 

15 (B) APPROPRIATE CONGRESSIONAL COMMITTEES.—The term 

16 ‘‘appropriate congressional committees’’ means— 

17 (i) the Committee on Commerce, Science, and Transpor18 tation and the Committee on Homeland Security and Govern19 mental Affairs of the Senate; and 

20 (ii) the Committee on Homeland Security of the House of 

21 Representatives. 

22 (C) AUTOMATIC TARGET RECOGNITION SOFTWARE.—The term 

23 ‘‘automatic target recognition software’’ means software installed 

24 on an advanced imaging technology that produces a generic image 

25 of the individual being screened that is the same as the images 

26 produced for all other screened individuals. 

27 (2) USE OF ADVANCED IMAGING TECHNOLOGY.—The Administrator 

28 shall ensure that an advanced imaging technology used for the screen29 ing of passengers under this section— 

30 (A) is equipped with and employs automatic target recognition 

31 software; and 

32 (B) complies with other requirements the Administrator deter33 mines necessary to address privacy considerations. 

34 (3) EXTENSION.— 

35 (A) IN GENERAL.—The Administrator may extend the deadline 

36 specified in paragraph (2), if the Administrator determines that— 

37 (i) an advanced imaging technology equipped with auto38 matic target recognition software is not substantially as effec39 tive at screening passengers as an advanced imaging tech40 nology without the software; or 

41 (ii) additional testing of the software is necessary. 


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1 (B) DURATION OF EXTENSIONS.—The Administrator may issue 

2 one or more extensions under subparagraph (A). The duration of 

3 each extension may not exceed one year. 

4 (4) REPORTS.— 

5 (A) IN GENERAL.—Not later than 60 days after the date on 

6 which the Administrator issues any extension under paragraph 

7 (3), the Administrator shall submit to the appropriate congres8 sional committees a report on the implementation of this sub9 section. 

10 (B) ELEMENTS.—A report submitted under subparagraph (A) 

11 shall include the following: 

12 (i) A description of all matters the Administrator considers 

13 relevant to the implementation of the requirements of this 

14 subsection. 

15 (ii) The status of compliance by the Transportation Secu16 rity Administration with the requirements. 

17 (iii) If the Transportation Security Administration is not in 

18 full compliance with the requirements— 

19 (I) the reasons for the noncompliance; and 

20 (II) a timeline depicting when the Administrator ex21 pects the Transportation Security Administration to 

22 achieve full compliance. 

23 (C) SECURITY CLASSIFICATION.—To the greatest extent prac24 ticable, a report prepared under subparagraph (A) shall be sub25 mitted in an unclassified format. If necessary, the report may in26 clude a classified annex. 

27 § 40912. Refusal to transport passengers and property 

28 (a) MANDATORY REFUSAL.—The Administrator shall prescribe regula29 tions requiring an air carrier, intrastate air carrier, or foreign air carrier 

30 to refuse to transport— 

31 (1) a passenger who does not consent to a search under section 

32 40911(a) of this title establishing whether the passenger is carrying 

33 unlawfully a dangerous weapon, explosive, or other destructive sub34 stance; or 

35 (2) property of a passenger who does not consent to a search of the 

36 property establishing whether the property unlawfully contains a dan37 gerous weapon, explosive, or other destructive substance. 

38 (b) PERMISSIVE REFUSAL.—Subject to regulations of the Administrator, 

39 an air carrier, intrastate air carrier, or foreign air carrier may refuse to 

40 transport a passenger or property the carrier decides is, or might be, inim41 ical to safety. 


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1 (c) AGREEING TO CONSENT TO SEARCH.—An agreement to carry pas2 sengers or property in air transportation or intrastate air transportation by 

3 an air carrier, intrastate air carrier, or foreign air carrier is deemed to in4 clude an agreement that the passenger or property will not be carried if con5 sent to search the passenger or property for a purpose referred to in this 

6 section is not given. 

7 § 40913. Air transportation security 

8 (a) DEFINITION OF LAW ENFORCEMENT PERSONNEL.—In this section, 

9 ‘‘law enforcement personnel’’ means individuals— 

10 (1) authorized to carry and use firearms; 

11 (2) vested with the degree of the police power of arrest the Secretary 

12 considers necessary to carry out this section; and 

13 (3) identifiable by appropriate indicia of authority. 

14 (b) PROTECTION AGAINST VIOLENCE AND PIRACY.—The Administrator 

15 shall prescribe regulations to protect passengers and property on an aircraft 

16 operating in air transportation or intrastate air transportation against an 

17 act of criminal violence or aircraft piracy. When prescribing a regulation 

18 under this subsection, the Administrator shall— 

19 (1) consult with the Secretary of Transportation, the Attorney Gen20 eral, the heads of other departments, agencies, and instrumentalities of 

21 the United States Government, and State and local authorities; 

22 (2) consider whether a proposed regulation is consistent with— 

23 (A) protecting passengers; and 

24 (B) the public interest in promoting air transportation and 

25 intrastate air transportation; 

26 (3) to the maximum extent practicable, require a uniform procedure 

27 for searching and detaining passengers and property to ensure— 

28 (A) their safety; and 

29 (B) courteous and efficient treatment by an air carrier, an 

30 agent or employee of an air carrier, and Government, State, and 

31 local law enforcement personnel carrying out this section; and 

32 (4) consider the extent to which a proposed regulation will carry out 

33 this section. 

34 (c) SECURITY PROGRAMS.— 

35 (1) IN GENERAL.—The Administrator shall prescribe regulations 

36 under subsection (b) that require each operator of an airport regularly 

37 serving an air carrier holding a certificate issued by the Secretary of 

38 Transportation to establish an air transportation security program that 

39 provides a law enforcement presence and capability at each of those 

40 airports that is adequate to ensure the safety of passengers. The regu41 lations shall authorize the operator to use the services of qualified 


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1 State, local, and private law enforcement personnel. When the Adminis2 trator decides, after being notified by an operator in the form the Ad3 ministrator prescribes, that not enough qualified State, local, and pri4 vate law enforcement personnel are available to carry out subsection 

5 (b), the Administrator may authorize the operator to use, on a reim6 bursable basis, personnel employed by the Administrator, or by another 

7 department, agency, or instrumentality of the Government with the 

8 consent of the head of the department, agency, or instrumentality, to 

9 supplement State, local, and private law enforcement personnel. When 

10 deciding whether additional personnel are needed, the Administrator 

11 shall consider the number of passengers boarded at the airport, the ex12 tent of anticipated risk of criminal violence or aircraft piracy at the air13 port or to the air carrier aircraft operations at the airport, and the 

14 availability of qualified State or local law enforcement personnel at the 

15 airport. 

16 (2) INCLUSION OF AIRPORT TENANT SECURITY PROGRAM.— 

17 (A) IN GENERAL.—The Administrator may approve a security 

18 program of an airport operator, or an amendment to an existing 

19 program, that incorporates a security program of an airport ten20 ant (except an air carrier separately complying with part 108 or 

21 129 of title 14, Code of Federal Regulations) having access to a 

22 secured area of the airport, if the program or amendment incor23 porates— 

24 (i) the measures the tenant will use, within the tenant’s 

25 leased areas or areas designated for the tenant’s exclusive use 

26 under an agreement with the airport operator, to carry out 

27 the security requirements imposed by the Administrator on 

28 the airport operator under the access control system require29 ments of section 107.14 of title 14, Code of Federal Regula30 tions, or under other requirements of part 107 of title 14; 

31 and 

32 (ii) the methods the airport operator will use to monitor 

33 and audit the tenant’s compliance with the security require34 ments and provides that the tenant will be required to pay 

35 monetary penalties to the airport operator if the tenant fails 

36 to carry out a security requirement under a contractual provi37 sion or requirement imposed by the airport operator. 

38 (B) OPERATOR NOT IN VIOLATION.—If the Administrator ap39 proves a program or amendment described in subparagraph (A) of 

40 this paragraph, the airport operator may not be found to be in vio41 lation of a requirement of this subsection or subsection (b) when 


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1 the airport operator demonstrates that the tenant or an employee, 

2 permittee, or invitee of the tenant is responsible for the violation 

3 and that the airport operator has complied with all measures in 

4 its security program for securing compliance with its security pro5 gram by the tenant. 

6 (C) MAXIMUM USE OF CHEMICAL AND BIOLOGICAL WEAPON DE7 TECTION EQUIPMENT.—The Administrator may require airports to 

8 maximize the use of technology and equipment that is designed to 

9 detect or neutralize potential chemical or biological weapons. 

10 (3) PILOT PROGRAMS.—The Administrator shall establish pilot pro11 grams in no fewer than 20 airports to test and evaluate new and 

12 emerging technology for providing access control and other security 

13 protections for closed or secure areas of the airports. The technology 

14 may include biometric or other technology that ensures only authorized 

15 access to secure areas. 

16 (d) AUTHORIZING INDIVIDUALS TO CARRY FIREARMS AND MAKE AR17 RESTS.—With the approval of the Attorney General and the Secretary of 

18 State, the Secretary may authorize an individual who carries out air trans19 portation security duties— 

20 (1) to carry firearms; and 

21 (2) to make arrests without warrant for an offense against the 

22 United States committed in the presence of the individual or for a fel23 ony under the laws of the United States, if the individual reasonably 

24 believes the individual to be arrested has committed or is committing 

25 a felony. 

26 (e) EXCLUSIVE RESPONSIBILITY OVER PASSENGER SAFETY.—The Ad27 ministrator has the exclusive responsibility to direct law enforcement activity 

28 related to the safety of passengers on an aircraft involved in an offense 

29 under section 46502 of title 49 from the moment all external doors of the 

30 aircraft are closed following boarding until those doors are opened to allow 

31 passengers to leave the aircraft. When requested by the Administrator, 

32 other departments, agencies, and instrumentalities of the Government shall 

33 provide assistance necessary to carry out this subsection. 

34 (f) GOVERNMENT AND INDUSTRY CONSORTIA.—The Administrator may 

35 establish at airports consortia of government and aviation industry rep36 resentatives to provide advice on matters related to aviation security and 

37 safety. The consortia shall not be considered Federal advisory committees 

38 for purposes of the Federal Advisory Committee Act (5 U.S.C. App.). 

39 (g) IMPROVEMENT OF SECURED-AREA ACCESS CONTROL.— 

40 (1) EMPLOYEE SANCTIONS.— 


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1 (A) PUBLICATION.—The Administrator shall publish in the 

2 Federal Register a list of sanctions for use as guidelines in the 

3 discipline of employees for infractions of airport access control re4 quirements. 

5 (B) DISCIPLINARY APPROACH.—The guidelines shall incorporate 

6 a progressive disciplinary approach that relates proposed sanctions 

7 to the severity or recurring nature of the infraction and shall in8 clude measures such as remedial training, suspension from secu9 rity-related duties, suspension from all duties without pay, and 

10 termination of employment. 

11 (C) USE.—Each airport operator, air carrier, and security 

12 screening company shall include the list of sanctions published by 

13 the Administrator in its security program. The security program 

14 shall include a process for taking prompt disciplinary action 

15 against an employee who commits an infraction of airport access 

16 control requirements. 

17 (2) ACTIONS TO IMPROVE ACCESS CONTROL.—The Administrator 

18 shall— 

19 (A) work with airport operators and air carriers to implement 

20 and strengthen existing controls to eliminate airport access control 

21 weaknesses; 

22 (B) require airport operators and air carriers to develop and im23 plement comprehensive and recurring training programs that 

24 teach employees their roles in airport security, the importance of 

25 their participation, how their performance will be evaluated, and 

26 what action will be taken if they fail to perform; 

27 (C) require airport operators and air carriers to develop and im28 plement programs that foster and reward compliance with airport 

29 access control requirements and discourage and penalize non30 compliance in accordance with guidelines issued by the Adminis31 trator to measure employee compliance; 

32 (D) on an ongoing basis, assess and test for compliance with 

33 access control requirements, report annually findings of the assess34 ments, and assess the effectiveness of penalties in ensuring compli35 ance with security procedures and take other appropriate enforce36 ment actions when noncompliance is found; 

37 (E) improve and better administer the Administrator’s security 

38 database to ensure its efficiency, reliability, and usefulness for 

39 identification of systemic problems and allocation of resources; 

40 (F) improve the execution of the Administrator’s quality control 

41 program; and 


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1 (G) work with airport operators to strengthen access control 

2 points in secured areas (including air traffic control operations 

3 areas, maintenance areas, crew lounges, baggage handling areas, 

4 concessions, and catering delivery areas) to ensure the security of 

5 passengers and aircraft and consider the deployment of biometric 

6 or similar technologies that identify individuals based on unique 

7 personal characteristics. 

8 (h) IMPROVED AIRPORT PERIMETER ACCESS SECURITY.— 

9 (1) DEFINITIONS.—In this subsection: 

10 (A) BIOMETRIC IDENTIFIER.—The term ‘‘biometric identifier’’ 

11 means a technology that enables the automated identification, or 

12 verification of the identity, of an individual based on biometric in13 formation. 

14 (B) BIOMETRIC IDENTIFIER INFORMATION.—The term ‘‘biomet15 ric identifier information’’ means the distinct physical or behav16 ioral characteristics of an individual that are used for unique iden17 tification, or verification of the identity, of an individual. 

18 (C) FAILURE TO ENROLL.—The term ‘‘failure to enroll’’ means 

19 the inability of an individual to enroll in a biometric identifier sys20 tem due to an insufficiently distinctive biometric sample, the lack 

21 of a body part necessary to provide the biometric sample, a system 

22 design that makes it difficult to provide consistent biometric iden23 tifier information, or other factors. 

24 (D) FALSE MATCH.—The term ‘‘false match’’ means the incor25 rect matching of one individual’s biometric identifier information 

26 to another individual’s biometric identifier information by a bio27 metric identifier system. 

28 (E) FALSE NON-MATCH.—The term ‘‘false non-match’’ means 

29 the rejection of a valid identity by a biometric identifier system. 

30 (F) SECURE AREA OF AN AIRPORT.—The term ‘‘secure area of 

31 an airport’’ means the sterile area and the Security Identification 

32 Display Area of an airport (as the terms are defined in section 

33 1540.5 of title 49, Code of Federal Regulations, or a successor 

34 regulation to that section). 

35 (2) IN GENERAL.—The Administrator, in consultation with the air36 port operator and law enforcement authorities, may order the deploy37 ment of necessary personnel at a secure area of the airport to counter 

38 the risk of criminal violence, the risk of aircraft piracy at the airport, 

39 the risk to air carrier aircraft operations at the airport, or to meet na40 tional security concerns. 


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1 (3) CONSIDERATION OF SECURITY OF AIRCRAFT AND GROUND AC2 CESS TO SECURE AREAS.—In determining where to deploy the per3 sonnel, the Administrator shall consider the physical security needs of 

4 air traffic control facilities, parked aircraft, aircraft servicing equip5 ment, aircraft supplies (including fuel), automobile parking facilities 

6 within airport perimeters or adjacent to secured facilities, and access 

7 and transition areas at airports served by other means of ground or 

8 water transportation. 

9 (4) DEPLOYMENT OF FEDERAL LAW ENFORCEMENT PERSONNEL.— 

10 The Administrator may enter into a memorandum of understanding or 

11 other agreement with the Attorney General or the head of another ap12 propriate Federal law enforcement agency to deploy Federal law en13 forcement personnel at an airport in order to meet aviation safety and 

14 security concerns. 

15 (5) AIRPORT PERIMETER SCREENING.—The Administrator shall— 

16 (A) require screening or inspection of all individuals, goods, 

17 property, vehicles, and other equipment before entry into a secured 

18 area of an airport in the United States described in subsection (c); 

19 (B) prescribe specific requirements for the screening and inspec20 tion that will ensure at least the same level of protection as will 

21 result from screening of passengers and their baggage; 

22 (C) establish procedures to ensure the safety and integrity of— 

23 (i) all persons providing services with respect to aircraft 

24 providing passenger air transportation or intrastate air trans25 portation and facilities of those persons at an airport in the 

26 United States described in subsection (c); 

27 (ii) all supplies, including catering and passenger amen28 ities, placed aboard the aircraft, including the sealing of sup29 plies to ensure easy visual detection of tampering; and 

30 (iii) all persons providing the supplies and facilities of those 

31 persons; 

32 (D) require vendors having direct access to the airfield and air33 craft to develop security programs; and 

34 (E) issue guidance for the use of biometric or other technology 

35 that positively verifies the identity of each employee and law en36 forcement officer who enters a secure area of an airport. 

37 (6) USE OF BIOMETRIC TECHNOLOGY IN AIRPORT ACCESS CONTROL

38 SYSTEMS.—In issuing guidance under paragraph (5)(E), the Adminis39 trator in consultation with representatives of the aviation industry, the 

40 biometric identifier industry, and the National Institute of Standards 

41 and Technology, shall establish, at a minimum— 


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1 (A) comprehensive technical and operational system require2 ments and performance standards for the use of biometric identi3 fier technology in airport access control systems (including airport 

4 perimeter access control systems) to ensure that the biometric 

5 identifier systems are effective, reliable, and secure; 

6 (B) a list of products and vendors that meet the requirements 

7 and standards set forth in subparagraph (A); 

8 (C) procedures for implementing biometric identifier systems— 

9 (i) to ensure that individuals do not use an assumed iden10 tity to enroll in a biometric identifier system; and 

11 (ii) to resolve failures to enroll, false matches, and false 

12 nonmatches; and 

13 (D) best practices for incorporating biometric identifier tech14 nology into airport access control systems in the most effective 

15 manner, including a process to best utilize existing airport access 

16 control systems, facilities, and equipment, and existing data net17 works connecting airports. 

18 (7) USE OF BIOMETRIC TECHNOLOGY FOR ARMED LAW ENFORCE19 MENT TRAVEL.— 

20 (A) IN GENERAL.—The Secretary, in consultation with the At21 torney General, shall— 

22 (i) implement this section by publication in the Federal 

23 Register; and 

24 (ii) establish a national registered armed law enforcement 

25 program, that shall be federally managed, for law enforce26 ment officers needing to be armed when traveling by commer27 cial aircraft. 

28 (B) PROGRAM REQUIREMENTS.—The program shall— 

29 (i) establish a credential or a system that incorporates bio30 metric technology and other applicable technologies; 

31 (ii) establish a system for law enforcement officers who 

32 need to be armed when traveling by commercial aircraft on 

33 a regular basis and for those who need to be armed during 

34 temporary travel assignments; 

35 (iii) comply with other uniform credentialing initiatives, in36 cluding the Homeland Security Presidential Directive–12; 

37 (iv) apply to all Federal, State, local, tribal, and territorial 

38 government law enforcement agencies; and 

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1 forcement officer seeking to carry a weapon on board a com2 mercial aircraft, without unnecessarily disclosing to the public 

3 that the individual is a law enforcement officer. 

4 (C) PROCEDURES.—In establishing the program, the Secretary 

5 shall develop procedures— 

6 (i) to ensure that a law enforcement officer of a Federal, 

7 State, local, tribal, or territorial government flying armed has 

8 a specific reason for flying armed and the reason is within 

9 the scope of the duties of the officer; 

10 (ii) to preserve the anonymity of the armed law enforce11 ment officer; 

12 (iii) to resolve failures to enroll, false matches, and false 

13 nonmatches relating to the use of the law enforcement travel 

14 credential or system; 

15 (iv) to determine the method of issuance of the biometric 

16 credential to law enforcement officers needing to be armed 

17 when traveling by commercial aircraft; 

18 (v) to invalidate a law enforcement travel credential or sys19 tem that is lost, stolen, or no longer authorized for use; 

20 (vi) to coordinate the program with the Federal Air Mar21 shal Service, including the force multiplier program of the 

22 Service; and 

23 (vii) to implement a phased approach to launching the pro24 gram, addressing the immediate needs of the relevant Federal 

25 agent population before expanding the program to other law 

26 enforcement populations. 

27 (i) AUTHORITY TO ARM FLIGHT DECK CREW WITH LESS-THAN-LETHAL

28 WEAPONS.— 

29 (1) IN GENERAL.—If the Administrator, after receiving the rec30 ommendations of the National Institute of Justice, determines, with the 

31 approval of the Attorney General and the Secretary of State, that it 

32 is appropriate and necessary and would effectively serve the public in33 terest in avoiding air piracy, the Administrator may authorize members 

34 of the flight deck crew on an aircraft providing air transportation or 

35 intrastate air transportation to carry a less-than-lethal weapon while 

36 the aircraft is engaged in providing the transportation. 

37 (2) USAGE.—If the Administrator grants authority under paragraph 

38 (1) for flight deck crew members to carry a less-than-lethal weapon 

39 while engaged in providing air transportation or intrastate air trans40 portation, the Administrator shall— 


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1 (A) prescribe rules requiring that the crew member be trained 

2 in the proper use of the weapon; and 

3 (B) prescribe guidelines setting forth the circumstances under 

4 which weapons may be used. 

5 (3) REQUEST OF AIR CARRIERS TO USE LESS-THAN-LETHAL WEAP6 ONS.—If the Administrator receives a request from an air carrier for 

7 authorization to allow pilots of the air carrier to carry less-than-lethal 

8 weapons, the Administrator shall respond to that request within 90 

9 days. 

10 (j) SHORT-TERM ASSESSMENT AND DEPLOYMENT OF EMERGING SECU11 RITY TECHNOLOGIES AND PROCEDURES.— 

12 (1) DEFINITION OF SECURE AREA OF AN AIRPORT.—In this sub13 section, the term ‘‘secure area of an airport’’ means the sterile area 

14 and the Security Identification Display Area of an airport (as the 

15 terms are defined in section 1540.5 of title 49, Code of Federal Regu16 lations, or a successor regulation to that section). 

17 (2) IN GENERAL.—The Administrator shall recommend to airport 

18 operators commercially available measures or procedures to prevent ac19 cess to secure airport areas by unauthorized persons. As part of a 6- 

20 month assessment, the Administrator shall— 

21 (A) review the effectiveness of biometrics systems currently in 

22 use at several United States airports, including San Francisco 

23 International; 

24 (B) review the effectiveness of increased surveillance at access 

25 points; 

26 (C) review the effectiveness of card- or keypad-based access sys27 tems; 

28 (D) review the effectiveness of airport emergency exit systems 

29 and determine whether those that lead to secure areas of the air30 port should be monitored or how breaches can be swiftly re31 sponded to; and 

32 (E) specifically target the elimination of the ‘‘piggy-backing’’ 

33 phenomenon, where another person follows an authorized person 

34 through the access point. 

35 (3) DEPLOYMENT STRATEGY FOR AVAILABLE TECHNOLOGY; REVIEW

36 OF REDUCTIONS IN UNAUTHORIZED ACCESS.—The 6-month assessment 

37 shall include a 12-month deployment strategy for currently available 

38 technology at all category X airports, as defined in the Federal Avia39 tion Administration approved air carrier security programs required 

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1 sessment, the Administrator shall conduct a review of reductions in un2 authorized access at these airports. 

3 (4) COMPUTER-ASSISTED PASSENGER PRESCREENING SYSTEM.— 

4 (A) IN GENERAL.—The Administrator shall ensure that the 

5 Computer-Assisted Passenger Prescreening System, or a successor 

6 system— 

7 (i) is used to evaluate all passengers before they board an 

8 aircraft; and 

9 (ii) includes procedures to ensure that individuals selected 

10 by the system and their carry-on and checked baggage are 

11 adequately screened. 

12 (B) MODIFICATIONS.—The Administrator may modify a re13 quirement under the Computer-Assisted Passenger Prescreening 

14 System for flights that originate and terminate in the same State, 

15 if the Administrator determines that— 

16 (i) the State has extraordinary air transportation needs or 

17 concerns due to its isolation and dependence on air transpor18 tation; and 

19 (ii) the routine characteristics of passengers, given the na20 ture of the market, regularly triggers primary selectee status. 

21 (C) ADVANCED AIRLINE PASSENGER PRESCREENING.— 

22 (i) TESTING.—The Administrator, or the designee of the 

23 Administrator, shall commence testing of an advanced pas24 senger prescreening system that will allow the Department to 

25 assume the performance of comparing passenger information, 

26 as defined by the Administrator, to the automatic selectee 

27 and no fly lists, utilizing all appropriate records in the con28 solidated and integrated terrorist watchlist maintained by the 

29 Federal Government. 

30 (ii) ASSUMPTION OF PERFORMANCE.—After completion of 

31 testing under clause (i), the Administrator, or the designee of 

32 the Administrator, shall begin to assume the performance of 

33 the passenger prescreening function of comparing passenger 

34 information to the automatic selectee and no fly lists and uti35 lize all appropriate records in the consolidated and integrated 

36 terrorist watchlist maintained by the Federal Government in 

37 performing that function. 

38 (iii) DUTIES IN ASSUMING PERFORMANCE.—In assuming 

39 performance of the function under clause (ii), the Adminis40 trator shall— 


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1 (I) establish a procedure to enable airline passengers, 

2 who are delayed or prohibited from boarding a flight be3 cause the advanced passenger prescreening system deter4 mined that they might pose a security threat, to appeal 

5 a determination and correct information contained in the 

6 system; 

7 (II) ensure that Federal Government databases that 

8 will be used to establish the identity of a passenger 

9 under the system will not produce a large number of 

10 false positives; 

11 (III) establish an internal oversight board to oversee 

12 and monitor the manner in which the system is being 

13 implemented; 

14 (IV) establish sufficient operational safeguards to re15 duce the opportunities for abuse; 

16 (V) implement substantial security measures to pro17 tect the system from unauthorized access; 

18 (VI) adopt policies establishing effective oversight of 

19 the use and operation of the system; and 

20 (VII) ensure that there are no specific privacy con21 cerns with the technological architecture of the system. 

22 (iv) REQUIREMENT TO PROVIDE PASSENGER INFORMA23 TION.—After the completion of the testing of the advanced 

24 passenger prescreening system, the Administrator, by order 

25 or interim final rule— 

26 (I) shall require air carriers to supply to the Adminis27 trator the passenger information needed to begin imple28 menting the advanced passenger prescreening system; 

29 and 

30 (II) shall require entities that provide systems and 

31 services to air carriers in the operation of air carrier res32 ervations systems to provide to air carriers passenger in33 formation in possession of the entities, but only to the 

34 extent necessary to comply with subclause (I). 

35 (v) INCLUSION OF DETAINEE ON NO FLY LIST.—The Ad36 ministrator, in coordination with the Terrorist Screening Cen37 ter, shall include on the No Fly List an individual who was 

38 a detainee held at the Naval Station, Guantanamo Bay, 

39 Cuba, unless the President certifies in writing to Congress 

40 that the detainee poses no threat to the United States, its 

41 citizens, or its allies. For purposes of this clause, the term 


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1 ‘‘detainee’’ means an individual in the custody or under the 

2 physical control of the United States as a result of armed 

3 conflict. 

4 (D) SCREENING OF EMPLOYEES AGAINST WATCHLIST.—The 

5 Administrator in coordination with the Secretary of Transpor6 tation and the Administrator of the Federal Aviation Administra7 tion, shall ensure that individuals are screened against all appro8 priate records in the consolidated and integrated terrorist 

9 watchlist maintained by the Federal Government before— 

10 (i) being certificated by the Federal Aviation Administra11 tion; 

12 (ii) being granted unescorted access to the secure area of 

13 an airport; or 

14 (iii) being granted unescorted access to the air operations 

15 area (as defined in section 1540.5 of title 49, Code of Federal 

16 Regulations, or a successor regulation to that section) of an 

17 airport. 

18 (E) AIRCRAFT CHARTER CUSTOMER AND LESSEE

19 PRESCREENING.— 

20 (i) ESTABLISHMENT.—The Administrator shall establish a 

21 process by which operators of aircraft to be used in charter 

22 air transportation with a maximum takeoff weight greater 

23 than 12,500 pounds and lessors of aircraft with a maximum 

24 takeoff weight greater than 12,500 pounds may— 

25 (I) request the Department to use the advanced pas26 senger prescreening system to compare information 

27 about an individual seeking to charter an aircraft with 

28 a maximum takeoff weight greater than 12,500 pounds, 

29 a passenger proposed to be transported aboard the air30 craft, and an individual seeking to lease an aircraft with 

31 a maximum takeoff weight greater than 12,500 pounds 

32 to the automatic selectee and no fly lists, utilizing all ap33 propriate records in the consolidated and integrated ter34 rorist watchlist maintained by the Federal Government; 

35 and 

36 (II) refuse to charter or lease an aircraft with a max37 imum takeoff weight greater than 12,500 pounds to or 

38 transport aboard the aircraft persons identified on the 

39 watch list. 

40 (ii) APPLICABILITY.—The requirements of subparagraph 

41 (C)(iii) apply to this subparagraph. 


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1 (iii) DESIGN AND REVIEW OF GUIDELINES, POLICIES, AND

2 OPERATING PROCEDURES.—The Administrator, in consulta3 tion with the Terrorist Screening Center, shall design and re4 view, as necessary, guidelines, policies, and operating proce5 dures for the collection, removal, and updating of data main6 tained, or to be maintained, in the no fly and automatic se7 lectee lists. 

8 (F) APPLICABILITY.—Section 607 of the Vision 100—Century 

9 of Aviation Reauthorization Act (Public Law 108–176, 117 Stat. 

10 2568) does not apply to the advanced passenger prescreening sys11 tem established under subparagraph (C). 

12 (G) APPEAL PROCEDURES.— 

13 (i) ESTABLISHMENT.—The Administrator shall establish a 

14 timely and fair process for individuals identified as a threat 

15 under one or more of subparagraphs (C), (D), and (E) to ap16 peal to the Transportation Security Administration the deter17 mination and correct erroneous information. 

18 (ii) MAINTENANCE OF RECORD OF MISIDENTIFIED INDIVID19 UALS.—The process shall include the establishment of a 

20 method by which the Administrator will be able to maintain 

21 a record of air passengers and other individuals who have 

22 been misidentified and have corrected erroneous information. 

23 To prevent repeated delays of misidentified passengers and 

24 other individuals, the Transportation Security Administration 

25 record shall contain information determined by the Adminis26 trator to authenticate the identity of such a passenger or in27 dividual. 

28 (k) LIMITATION ON LIABILITY FOR ACTS TO THWART CRIMINAL VIO29 LENCE OR AIRCRAFT PIRACY.—An individual is not liable for damages in 

30 an action brought in a Federal or State court arising out of the acts of the 

31 individual in attempting to thwart an act of criminal violence or piracy on 

32 an aircraft if that individual reasonably believed that an act of criminal vio33 lence or piracy was occurring or was about to occur. 

34 (l) AIR CHARTER PROGRAM.— 

35 (1) IN GENERAL.—The Secretary shall implement an aviation secu36 rity program for charter air carriers with a maximum certificated take37 off weight of more than 12,500 pounds. 

38 (2) EXEMPTION FOR ARMED FORCES CHARTERS.— 

39 (A) DEFINITION OF ARMED FORCES.—In this paragraph, the 

40 term ‘‘armed forces’’ has the meaning given the term in section 

41 101(a)(4) of title 10. 


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1 (B) IN GENERAL.—Paragraph (1) and the other requirements 

2 of this chapter do not apply to passengers and property carried 

3 by aircraft when employed to provide charter transportation to 

4 members of the armed forces. 

5 (C) SECURITY PROCEDURES.—The Secretary of Defense, in 

6 consultation with the Secretary and the Secretary of Transpor7 tation, shall establish security procedures relating to the operation 

8 of aircraft when employed to provide charter transportation to 

9 members of the armed forces to or from an airport described in 

10 subsection (c). 

11 (m) SECURITY SCREENING FOR MEMBERS OF THE ARMED FORCES.— 

12 (1) IN GENERAL.—The Administrator, in consultation with the De13 partment of Defense, shall develop and implement a plan to provide ex14 pedited security screening services for a member of the armed forces, 

15 and, to the extent possible, an accompanying family member, if the 

16 member of the armed forces, while in uniform, presents documentation 

17 indicating official orders for air transportation departing from a pri18 mary airport (as defined in section 47102 of title 49). 

19 (2) PROTOCOLS.—In developing the plan, the Administrator shall 

20 consider— 

21 (A) leveraging existing security screening models used to reduce 

22 passenger wait times; 

23 (B) establishing standard guidelines for the screening of mili24 tary uniform items, including combat boots; and 

25 (C) incorporating new screening protocols into an existing trust26 ed passenger program, as established under section 109(a)(3) of 

27 the Aviation and Transportation Security Act (Public Law 107– 

28 71, 115 Stat. 613), or into the development of a new credential 

29 or system that incorporates biometric technology and other appli30 cable technologies to verify the identity of individuals traveling in 

31 air transportation. 

32 (3) RULE OF CONSTRUCTION.—Nothing in this subsection affects the 

33 authority of the Administrator to require additional screening of a 

34 member of the armed forces if intelligence or law enforcement informa35 tion indicates that additional screening is necessary. 

36 (4) REPORT.—The Administrator shall submit to the appropriate 

37 committees of Congress a report on the implementation of the plan. 

38 (n) PASSENGER EXIT POINTS FROM STERILE AREA.— 

39 (1) DEFINITION OF STERILE AREA.—In this subsection, the term 

40 ‘‘sterile area’’ has the meaning given the term in section 1540.5 of title 


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1 49, Code of Federal Regulations or any corresponding similar regula2 tion or ruling. 

3 (2) IN GENERAL.—The Secretary shall ensure that the Transpor4 tation Security Administration is responsible for monitoring passenger 

5 exit points from the sterile area of airports at which the Transportation 

6 Security Administration provided the monitoring as of December 1, 

7 2013. 

8 § 40914. Domestic air transportation system security 

9 (a) ASSESSING THREATS.—The Administrator and the Director of the 

10 Federal Bureau of Investigation jointly shall assess current and potential 

11 threats to the domestic air transportation system. The assessment shall in12 clude consideration of the extent to which there are individuals with the ca13 pability and intent to carry out terrorist or related unlawful acts against 

14 that system and the ways in which those individuals might carry out those 

15 acts. The Administrator and the Director jointly shall decide on and carry 

16 out the most effective method for continuous analysis and monitoring of se17 curity threats to that system. 

18 (b) ASSESSING SECURITY.—In coordination with the Director of the Fed19 eral Bureau of Investigation, the Administrator shall carry out periodic 

20 threat and vulnerability assessments on security at each airport that is part 

21 of the domestic air transportation system. Each assessment shall include 

22 consideration of— 

23 (1) the adequacy of security procedures related to the handling and 

24 transportation of checked baggage and cargo; 

25 (2) space requirements for security personnel and equipment; 

26 (3) separation of screened and unscreened passengers, baggage, and 

27 cargo; 

28 (4) separation of the controlled and uncontrolled areas of airport fa29 cilities; and 

30 (5) coordination of the activities of security personnel of the Trans31 portation Security Administration, U.S. Customs and Border Protec32 tion, U.S. Immigration and Customs Enforcement, and air carriers, 

33 and of other law enforcement personnel. 

34 (c) MODAL SECURITY PLAN FOR AVIATION.—In addition to the require35 ments set forth in paragraphs (2) through (6) of section 11314(c) of this 

36 title, the modal security plan for aviation prepared under section 11314 

37 shall— 

38 (1) establish a damage mitigation and recovery plan for the aviation 

39 system in the event of a terrorist attack; and 


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1 (2) include a threat matrix document that outlines each threat to the 

2 United States civil aviation system and the corresponding layers of se3 curity in place to address the threat. 

4 (d) OPERATIONAL CRITERIA.—The Administrator shall issue operational 

5 criteria to protect airport infrastructure and operations against the threats 

6 identified in the plans prepared under 11314(a) of this title and shall ap7 prove best practices guidelines for airport assets. 

8 (e) IMPROVING SECURITY.—The Administrator shall take necessary ac9 tions to improve domestic air transportation security by correcting defi10 ciencies in that security discovered in the assessments, analyses, and moni11 toring carried out under this section. 

12 § 40915. Information about threats to civil aviation 

13 (a) PROVIDING INFORMATION.—Under guidelines the Secretary pre14 scribes, an air carrier, airport operator, ticket agent, or individual employed 

15 by an air carrier, airport operator, or ticket agent, receiving information 

16 (except a communication directed by the United States Government) about 

17 a threat to civil aviation shall provide the information promptly to the Sec18 retary. 

19 (b) FLIGHT CANCELLATION.—If a decision is made that a particular 

20 threat cannot be addressed in a way adequate to ensure, to the extent fea21 sible, the safety of passengers and crew of a particular flight or series of 

22 flights, the Administrator shall cancel the flight or series of flights. 

23 (c) GUIDELINES ON PUBLIC NOTICE.— 

24 (1) IN GENERAL.—The President shall develop guidelines for ensur25 ing that public notice is provided in appropriate cases about threats to 

26 civil aviation. The guidelines shall identify officials responsible for— 

27 (A) deciding, on a case-by-case basis, if public notice of a threat 

28 is in the best interest of the United States and the traveling pub29 lic; 

30 (B) ensuring that public notice is provided in a timely and effec31 tive way, including the use of a toll-free telephone number; and 

32 (C) canceling the departure of a flight or series of flights under 

33 subsection (b). 

34 (2) CONTENTS.—The guidelines shall provide for consideration of— 

35 (A) the specificity of the threat; 

36 (B) the credibility of intelligence information related to the 

37 threat; 

38 (C) the ability to counter the threat effectively; 

39 (D) the protection of intelligence information sources and meth40 ods; 


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1 (E) cancellation, by an air carrier or the Administrator, of a 

2 flight or series of flights instead of public notice; 

3 (F) the ability of passengers and crew to take steps to reduce 

4 the risk to their safety after receiving public notice of a threat; 

5 and 

6 (G) other factors the Administrator considers appropriate. 

7 (d) GUIDELINES ON NOTICE TO CREWS.—The Administrator shall de8 velop guidelines for ensuring that notice in appropriate cases of threats to 

9 the security of an air carrier flight is provided to the flight crew and cabin 

10 crew of that flight. 

11 (e) LIMITATION ON NOTICE TO SELECTIVE TRAVELERS.—Notice of a 

12 threat to civil aviation may be provided to selective potential travelers only 

13 if the threat applies only to those travelers. 

14 (f) RESTRICTING ACCESS TO INFORMATION.—In cooperation with the de15 partments, agencies, and instrumentalities of the Government that collect, 

16 receive, and analyze intelligence information related to aviation security, the 

17 Administrator shall develop procedures to minimize the number of individ18 uals who have access to information about threats. However, a restriction 

19 on access to that information may be imposed only if the restriction does 

20 not diminish the ability of the Government to carry out its duties and pow21 ers related to aviation security effectively, including providing notice to the 

22 public and flight and cabin crews under this section. 

23 (g) DISTRIBUTION OF GUIDELINES.—The guidelines developed under this 

24 section shall be distributed for use by appropriate officials of the Depart25 ment of Transportation, the Department of State, the Department of Jus26 tice, and air carriers. 

27 § 40916. Foreign air carrier security programs 

28 The Administrator shall continue in effect the requirement of section 

29 129.25 of title 14, Code of Federal Regulations, that a foreign air carrier 

30 must adopt and use a security program approved by the Administrator. The 

31 Administrator shall not approve a security program of a foreign air carrier 

32 under section 129.25 of title 14, Code of Federal Regulations, or a suc33 cessor regulation, unless the security program requires the foreign air car34 rier in its operations to and from airports in the United States to adhere 

35 to the identical security measures that the Administrator requires air car36 riers serving the same airports to adhere to. The foregoing requirement 

37 shall not be interpreted to limit the ability of the Administrator to impose 

38 additional security measures on a foreign air carrier or an air carrier when 

39 the Administrator determines that a specific threat warrants additional 

40 measures. The Administrator shall prescribe regulations to carry out this 

41 section. 


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1 § 40917. Security standards at foreign airports 

2 (a) ASSESSMENT.— 

3 (1) IN GENERAL.—At intervals the Secretary considers necessary, 

4 the Secretary shall assess the effectiveness of the security measures 

5 maintained at— 

6 (A) a foreign airport— 

7 (i) served by an air carrier; 

8 (ii) from which a foreign air carrier serves the United 

9 States; or 

10 (iii) that poses a high risk of introducing danger to inter11 national air travel; and 

12 (B) other foreign airports the Secretary considers appropriate. 

13 (2) MEANS OF ASSESSMENT.—The Secretary shall conduct an as14 sessment under paragraph (1)— 

15 (A) in consultation with appropriate aeronautic authorities of 

16 the government of a foreign country concerned and each air car17 rier serving the foreign airport for which the Secretary is con18 ducting the assessment; 

19 (B) to establish the extent to which a foreign airport effectively 

20 maintains and carries out security measures; and 

21 (C) by using a standard that will result in an analysis of the 

22 security measures at the airport based at least on the standards 

23 and appropriate recommended practices contained in Annex 17 to 

24 the Convention on International Civil Aviation in effect on the 

25 date of the assessment. 

26 (3) REPORT.—Each report to Congress required under section 

27 40956(b) of this title shall contain a summary of the assessments con28 ducted under this subsection. 

29 (b) CONSULTATION.—In carrying out subsection (a), the Secretary shall 

30 consult with the Secretary of State— 

31 (1) on the terrorist threat that exists in each country; and 

32 (2) to establish which foreign airports are not under the de facto 

33 control of the government of the foreign country in which they are lo34 cated and pose a high risk of introducing danger to international air 

35 travel. 

36 (c) NOTIFYING FOREIGN AUTHORITIES.—When the Secretary, after con37 ducting an assessment under subsection (a), decides that an airport does 

38 not maintain and carry out effective security measures, the Secretary, after 

39 advising the Secretary of State, shall notify the appropriate authorities of 

40 the government of the foreign country of the decision and recommend the 


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1 steps necessary to bring the security measures in use at the airport up to 

2 the standard used by the Secretary in making the assessment. 

3 (d) ACTIONS WHEN AIRPORTS NOT MAINTAINING AND CARRYING OUT

4 EFFECTIVE SECURITY MEASURES.— 

5 (1) IDENTIFICATION OF AIRPORT.—When the Secretary decides 

6 under this section that an airport does not maintain and carry out ef7 fective security measures— 

8 (A) the Secretary shall— 

9 (i) publish the identity of the airport in the Federal Reg10 ister; 

11 (ii) have the identity of the airport posted and displayed 

12 prominently at all United States airports at which scheduled 

13 air carrier operations are provided regularly; and 

14 (iii) notify the news media of the identity of the airport; 

15 (B) each air carrier and foreign air carrier providing transpor16 tation between the United States and the airport shall provide 

17 written notice of the decision, on or with the ticket, to each pas18 senger buying a ticket for transportation between the United 

19 States and the airport; 

20 (C) notwithstanding section 40105(b) of title 49, the Secretary, 

21 after consulting with the appropriate aeronautic authorities of the 

22 foreign country concerned and each air carrier serving the airport 

23 and with the approval of the Secretary of State, may withhold, re24 voke, or prescribe conditions on the operating authority of an air 

25 carrier or foreign air carrier that uses that airport to provide for26 eign air transportation; and 

27 (D) the President may prohibit an air carrier or foreign air car28 rier from providing transportation between the United States and 

29 any other foreign airport that is served by aircraft flying to or 

30 from the airport with respect to which a decision is made under 

31 this section. 

32 (2) EFFECTIVENESS.— 

33 (A) IN GENERAL.—Paragraph (1) becomes effective— 

34 (i) 90 days after the government of a foreign country is no35 tified under subsection (c) if the Secretary finds that the gov36 ernment has not brought the security measures at the airport 

37 up to the standard the Secretary used in making an assess38 ment under subsection (a); or 

39 (ii) immediately on the decision of the Secretary under sub40 section (c) if the Secretary decides, after consulting with the 

41 Secretary of State, that a condition exists that threatens the 


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1 safety or security of passengers, aircraft, or crew traveling to 

2 or from the airport. 

3 (B) STATE DEPARTMENT NOTICE.—The Secretary immediately 

4 shall notify the Secretary of State of a decision under subpara5 graph (A)(ii) of this paragraph so that the Secretary of State may 

6 issue a travel advisory required under section 40918(a) of this 

7 title. 

8 (3) REPORT TO CONGRESS.—The Secretary promptly shall submit to 

9 Congress a report (and classified annex if necessary) on action taken 

10 under paragraph (1) or (2), including information on attempts made 

11 to obtain the cooperation of the government of a foreign country in 

12 meeting the standard the Secretary used in assessing the airport under 

13 subsection (a). 

14 (4) TERMINATION OF ACTION.—An action required under paragraph 

15 (1)(A) and (B) is no longer required only if the Secretary, in consulta16 tion with the Secretary of State, decides that effective security meas17 ures are maintained and carried out at the airport. The Secretary shall 

18 notify Congress when the action is no longer required to be taken. 

19 (e) SUSPENSIONS.—Notwithstanding sections 40105(b) and 40106(b) of 

20 title 49, the Secretary, with the approval of the Secretary of State and with21 out notice or a hearing, shall suspend the right of an air carrier or foreign 

22 air carrier to provide foreign air transportation, and the right of a person 

23 to operate aircraft in foreign air commerce, to or from a foreign airport 

24 when the Secretary decides that— 

25 (1) a condition exists that threatens the safety or security of pas26 sengers, aircraft, or crew traveling to or from that airport; and 

27 (2) the public interest requires an immediate suspension of transpor28 tation between the United States and that airport. 

29 (f) CONDITION OF CARRIER AUTHORITY.—This section is a condition of 

30 authority the Secretary of Transportation grants under part A of subtitle 

31 VII of title 49 to an air carrier or foreign air carrier. 

32 § 40918. Travel advisory and suspension of foreign assist33 ance 

34 (a) TRAVEL ADVISORIES.—On being notified by the Secretary that the 

35 Secretary has decided under section 40917(d)(2)(A)(ii) of this title that a 

36 condition exists that threatens the safety or security of passengers, aircraft, 

37 or crew traveling to or from a foreign airport that the Secretary has decided 

38 under section 40917 does not maintain and carry out effective security 

39 measures, the Secretary of State— 

40 (1) immediately shall issue a travel advisory for that airport; and 

41 (2) shall publicize the advisory widely. 


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1 (b) SUSPENDING ASSISTANCE.—The President shall suspend assistance 

2 provided under the Foreign Assistance Act of 1961 (22 U.S.C. 2151 et seq.) 

3 or the Arms Export Control Act (22 U.S.C. 2751 et seq.) to a country in 

4 which is located an airport with respect to which section 40917(d)(1) be5 comes effective if the Secretary of State decides the country is a high ter6 rorist threat country. The President may waive this subsection if the Presi7 dent decides, and reports to Congress, that the waiver is required because 

8 of national security interests or a humanitarian emergency. 

9 (c) ACTIONS NO LONGER REQUIRED.—An action required under this sec10 tion is no longer required only if the Secretary has made a decision as pro11 vided under section 40917(d)(4) of this title. The Secretary shall notify 

12 Congress when the action is no longer required to be taken. 

13 § 40919. Passenger manifests 

14 (a) AIR CARRIER REQUIREMENTS.— 

15 (1) IN GENERAL.—The Secretary shall require each air carrier to 

16 provide a passenger manifest for a flight to an appropriate representa17 tive of the Secretary of State— 

18 (A) not later than 1 hour after that carrier is notified of an 

19 aviation disaster outside the United States involving that flight; or 

20 (B) if it is not technologically feasible or reasonable to comply 

21 with clause (A) of this paragraph, then as expeditiously as pos22 sible, but not later than 3 hours after the carrier is so notified. 

23 (2) CONTENTS.—The passenger manifest should include the fol24 lowing information: 

25 (A) The full name of each passenger. 

26 (B) The passport number of each passenger, if required for 

27 travel. 

28 (C) The name and telephone number of a contact for each pas29 senger. 

30 (3) CONSIDERATION OF REQUIREMENT TO COLLECT INFORMA31 TION.—In carrying out this subsection, the Secretary shall consider the 

32 necessity and feasibility of requiring air carriers to collect passenger 

33 manifest information as a condition for passengers boarding a flight of 

34 the carrier. 

35 (b) FOREIGN AIR CARRIER REQUIREMENTS.—The Secretary shall con36 sider imposing a requirement on foreign air carriers comparable to that im37 posed on air carriers under subsection (a)(1) and (2). 

38 (c) FLIGHTS IN FOREIGN AIR TRANSPORTATION TO THE UNITED

39 STATES.— 

40 (1) IN GENERAL.—Each air carrier and foreign air carrier operating 

41 a passenger flight in foreign air transportation to the United States 


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1 shall provide to the Commissioner of U.S. Customs and Border Protec2 tion by electronic transmission a passenger and crew manifest con3 taining the information specified in paragraph (2). Carriers may use 

4 the advanced passenger information system to provide the information. 

5 (2) CONTENTS.—A passenger and crew manifest for a flight required 

6 under paragraph (1) shall contain the following information: 

7 (A) The full name of each passenger and crew member. 

8 (B) The date of birth and citizenship of each passenger and 

9 crew member. 

10 (C) The sex of each passenger and crew member. 

11 (D) The passport number and country of issuance of each pas12 senger and crew member if required for travel. 

13 (E) The United States visa number or resident alien card num14 ber of each passenger and crew member, as applicable. 

15 (F) Other information the Administrator, in consultation with 

16 the Commissioner of U.S. Customs and Border Protection, deter17 mines is reasonably necessary to ensure aviation safety. 

18 (3) PASSENGER NAME RECORDS.—The carriers shall make passenger 

19 name record information available to U. S. Customs and Border Pro20 tection on request. 

21 (4) TRANSMISSION OF MANIFEST.—Subject to paragraphs (5) and 

22 (6), a passenger and crew manifest required for a flight under para23 graph (1) shall be transmitted to U. S. Customs and Border Protection 

24 in advance of the aircraft landing in the United States in the manner, 

25 time, and form U.S. Customs and Border Protection prescribes. 

26 (5) TRANSMISSION OF MANIFESTS TO OTHER FEDERAL AGENCIES.— 

27 On request, information provided to the Secretary or U. S. Customs 

28 and Border Protection under this subsection may be shared with other 

29 Federal agencies for the purpose of protecting national security 

30 (6) PRESCREENING INTERNATIONAL PASSENGERS.— 

31 (A) IN GENERAL.—The Secretary, or the designee of the Sec32 retary, shall issue a notice of proposed rulemaking that will allow 

33 the Department to compare passenger information for an inter34 national flight to or from the United States against the consoli35 dated and integrated terrorist watchlist maintained by the Federal 

36 Government before departure of the flight. 

37 (B) APPEAL PROCEDURES.— 

38 (i) ESTABLISHMENT.—The Secretary shall establish a 

39 timely and fair process for individuals identified as a threat 

40 under subparagraph (A) to appeal to the Department the de41 termination and correct erroneous information. 


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1 (ii) RECORD OF MISIDENTIFIED INDIVIDUALS.—The proc2 ess shall include the establishment of a method by which the 

3 Secretary will be able to maintain a record of air passengers 

4 and other individuals who have been misidentified and have 

5 corrected erroneous information. To prevent repeated delays 

6 of misidentified passengers and other individuals, the Depart7 ment record shall contain information determined by the Sec8 retary to authenticate the identity of such a passenger or in9 dividual. 

10 § 40920. Agreements on aircraft sabotage, aircraft hijacking, 

11 and airport security 

12 The Secretary of State shall seek multilateral and bilateral agreement on 

13 strengthening enforcement measures and standards for compliance related 

14 to aircraft sabotage, aircraft hijacking, and airport security. 

15 § 40921. Intelligence 

16 (a) DEFINITION OF INTELLIGENCE COMMUNITY.—In this section, ‘‘intel17 ligence community’’ means the intelligence and intelligence-related activities 

18 of the following units of the United States Government: 

19 (1) Department of State. 

20 (2) Department of Defense. 

21 (3) Department of the Treasury. 

22 (4) Department of Energy. 

23 (5) Departments of the Army, Navy, and Air Force. 

24 (6) Central Intelligence Agency. 

25 (7) National Security Agency. 

26 (8) Defense Intelligence Agency. 

27 (9) Federal Bureau of Investigation. 

28 (10) Drug Enforcement Administration. 

29 (b) POLICIES AND PROCEDURES ON REPORT AVAILABILITY.—The head 

30 of each unit in the intelligence community shall prescribe policies and proce31 dures to ensure that intelligence reports about terrorism are made available, 

32 as appropriate, to the heads of other units in the intelligence community, 

33 the Secretary, and the Administrator. 

34 (c) UNIT FOR STRATEGIC PLANNING ON TERRORISM.—The heads of the 

35 units in the intelligence community shall place greater emphasis on strategic 

36 intelligence efforts by establishing a unit for strategic planning on terrorism. 

37 (d) DESIGNATION OF INTELLIGENCE OFFICER.—At the request of the 

38 Secretary, the Director of Central Intelligence shall designate at least one 

39 intelligence officer of the Central Intelligence Agency to serve in a senior 

40 position in the Office of the Secretary. 


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1 (e) WRITTEN WORKING AGREEMENTS.—The heads of units in the intel2 ligence community, the Secretary, and the Administrator shall review and, 

3 as appropriate, revise written working agreements between the intelligence 

4 community and the Administrator. 

5 § 40922. Research and development 

6 (a) PROGRAM REQUIREMENT.— 

7 (1) IN GENERAL.—The Administrator shall establish and carry out 

8 a program to accelerate and expand the research, development, and im9 plementation of technologies and procedures to counteract terrorist acts 

10 against civil aviation. The program shall provide for developing and 

11 having in place new equipment and procedures necessary to meet the 

12 technological challenges presented by terrorism. The program shall in13 clude research on, and development of, technological improvements and 

14 ways to enhance human performance. 

15 (2) REQUIRED ACTIONS.—In designing and carrying out the pro16 gram established under this subsection, the Administrator shall— 

17 (A) consult and coordinate activities with other departments, 

18 agencies, and instrumentalities of the United States Government 

19 doing similar research; 

20 (B) identify departments, agencies, and instrumentalities that 

21 would benefit from that research; and 

22 (C) seek cost-sharing agreements with those departments, agen23 cies, and instrumentalities. 

24 (3) ANNUAL REPORTS.—In carrying out the program established 

25 under this subsection, the Administrator shall review and consider the 

26 annual reports the Secretary submits to Congress on transportation se27 curity and intelligence. 

28 (4) DESIGNATION OF RESPONSIBLE INDIVIDUAL.— 

29 (A) IN GENERAL.—In carrying out the program established 

30 under this subsection, the Administrator shall designate an indi31 vidual to be responsible for engineering, research, and development 

32 with respect to security technology under the program. 

33 (B) DECISION-MAKING.—The individual designated under sub34 paragraph (A) shall use appropriate systems engineering and risk 

35 management models in making decisions regarding the allocation 

36 of funds for engineering, research, and development with respect 

37 to security technology under the program. 

38 (C) ANNUAL REPORT.—The individual designated under sub39 paragraph (A) shall, on an annual basis, submit to the Research, 

40 Engineering and Development Advisory Committee a report on ac41 tivities under this paragraph during the preceding year. Each reVerDate Sep 11 2014 18:05 Jun 12, 2018 Jkt 079200 PO 00000 Frm 00598 Fmt 6652 Sfmt 6221 E:\BILLS\H6063.IH H6063

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1 port shall include, for the year covered by the report, information 

2 on— 

3 (i) progress made in engineering, research, and develop4 ment with respect to security technology; 

5 (ii) the allocation of funds for engineering, research, and 

6 development with respect to security technology; and 

7 (iii) engineering, research, and development with respect to 

8 technologies drawn from other agencies, including the ration9 ale for engineering, research, and development with respect to 

10 the technologies. 

11 (5) GRANTS.—The Administrator may— 

12 (A) make grants to institutions of higher learning and other ap13 propriate research facilities with demonstrated ability to carry out 

14 research described in paragraph (1), and fix the amounts and 

15 terms of the grants; and 

16 (B) make cooperative agreements with governmental authorities 

17 the Administrator decides are appropriate. 

18 (b) REVIEW OF THREATS.— 

19 (1) IN GENERAL.—The Administrator periodically shall review 

20 threats to civil aviation, with particular focus on— 

21 (A) a comprehensive systems analysis (employing vulnerability 

22 analysis, threat attribute definition, and technology roadmaps) of 

23 the civil aviation system, including— 

24 (i) the destruction, commandeering, or diversion of civil air25 craft or the use of civil aircraft as a weapon; and 

26 (ii) the disruption of civil aviation service, including by 

27 cyberattack; 

28 (B) explosive material that presents the most significant threat 

29 to civil aircraft; 

30 (C) the minimum amounts, configurations, and types of explo31 sive material that can cause, or would reasonably be expected to 

32 cause, catastrophic damage to aircraft in air transportation; 

33 (D) the amounts, configurations, and types of explosive material 

34 that can be detected reliably by existing, or reasonably anticipated, 

35 near-term explosive detection technologies; 

36 (E) the potential release of chemical, biological, or similar weap37 ons or devices either within an aircraft or within an airport; 

38 (F) the feasibility of using various ways to minimize damage 

39 caused by explosive material that cannot be detected reliably by 

40 existing, or reasonably anticipated, near-term explosive detection 

41 technologies; 


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1 (G) the ability to screen passengers, carry-on baggage, checked 

2 baggage, and cargo; and 

3 (H) the technologies that might be used in the future to at4 tempt to destroy or otherwise threaten commercial aircraft and the 

5 way in which those technologies can be countered effectively. 

6 (2) PROGRAM FOCUS AND PRIORITIES.—The Administrator shall use 

7 the results of the review under this subsection to develop the focus and 

8 priorities of the program established under subsection (a). 

9 (c) SCIENTIFIC ADVISORY PANEL.— 

10 (1) ESTABLISHMENT.—The Administrator shall establish a scientific 

11 advisory panel, as a subcommittee of the Research, Engineering, and 

12 Development Advisory Committee, to review, comment on, advise the 

13 progress of, and recommend modifications in, the program established 

14 under subsection (a), including the need for long-range research pro15 grams to detect and prevent catastrophic damage to commercial air16 craft, commercial aviation facilities, commercial aviation personnel and 

17 passengers, and other components of the commercial aviation system 

18 by the next generation of terrorist weapons. 

19 (2) PANEL MEMBERS.— 

20 (A) QUALIFICATIONS.—The advisory panel shall consist of indi21 viduals who have scientific and technical expertise in— 

22 (i) the development and testing of effective explosive detec23 tion systems; 

24 (ii) aircraft structure and experimentation to decide on the 

25 type and minimum weights of explosives that an effective ex26 plosive detection technology must be capable of detecting; 

27 (iii) technologies involved in minimizing airframe damage 

28 to aircraft from explosives; and 

29 (iv) other scientific and technical areas the Administrator 

30 considers appropriate. 

31 (B) CONSIDERATIONS.—In appointing individuals to the advi32 sory panel, the Administrator should consider individuals from 

33 academia and the national laboratories, as appropriate. 

34 (3) ORGANIZATION AS TEAMS.—The Administrator shall organize the 

35 advisory panel into teams capable of undertaking the review of policies 

36 and technologies upon request. 

37 (4) BIENNIAL REVIEW.—The Administrator shall review the com38 position of the advisory panel every 2 years to ensure that the expertise 

39 of the individuals on the panel is suited to the current and anticipated 

40 duties of the panel. 


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1 § 40923. Explosive detection 

2 (a) DEPLOYMENT AND PURCHASE OF EQUIPMENT.— 

3 (1) IN GENERAL.—A deployment or purchase of explosive detection 

4 equipment under section 108.7(b)(8) or 108.20 of title 14, Code of 

5 Federal Regulations, or similar regulation is required only if the Ad6 ministrator certifies that the equipment alone, or as part of an inte7 grated system, can detect under realistic air carrier operating condi8 tions the amounts, configurations, and types of explosive material that 

9 would likely be used to cause catastrophic damage to commercial air10 craft. The Administrator shall base the certification on the results of 

11 tests conducted under protocols developed in consultation with expert 

12 scientists outside of the Transportation Security Administration. 

13 (2) FACILITATING DEPLOYMENT.—Until the Administrator deter14 mines that equipment certified under paragraph (1) is commercially 

15 available and has successfully completed operational testing as provided 

16 in paragraph (1), the Administrator shall facilitate the deployment of 

17 approved commercially available explosive detection devices the Admin18 istrator determines will enhance aviation security significantly. The Ad19 ministrator shall require that equipment deployed under this paragraph 

20 be replaced by equipment certified under paragraph (1) when equip21 ment certified under paragraph (1) becomes commercially available. 

22 The Administrator, based on operational considerations at individual 

23 airports, may waive the required installation of commercially available 

24 equipment under paragraph (1) in the interests of aviation security. 

25 The Administrator may permit the requirements of this paragraph to 

26 be met at airports by the deployment of dogs or other appropriate ani27 mals to supplement equipment for screening passengers, baggage, mail, 

28 or cargo for explosives or weapons. 

29 (3) PURCHASES BY ADMINISTRATOR.—This subsection does not pro30 hibit the Administrator from purchasing or deploying explosive detec31 tion equipment described in paragraph (1). 

32 (b) GRANTS.—The Administrator may provide grants to continue the Ex33 plosive Detection K-9 Team Training Program to detect explosives at air34 ports and on aircraft. 

35 § 40924. Airport construction guidelines 

36 In consultation with air carriers, airport authorities, and others the Ad37 ministrator considers appropriate, the Administrator shall develop guidelines 

38 for airport design and construction to allow for maximum security enhance39 ment. In developing the guidelines, the Administrator shall consider the re40 sults of the assessment carried out under section 40914(a) of this title. 


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1 § 40925. Alaska exemptions 

2 The Administrator may exempt from sections 40911, 40913(a) through 

3 (c) and (e), 40916, 40953, and 40954 of this title airports in Alaska served 

4 only by air carriers that— 

5 (1) hold certificates issued under section 41102 of title 49; 

6 (2) operate aircraft with certificates for a maximum gross takeoff 

7 weight of less than 12,500 pounds; and 

8 (3) board passengers, or load property intended to be carried in an 

9 aircraft cabin, that will be screened under section 40911 of this title 

10 at another airport in Alaska before the passengers board, or the prop11 erty is loaded on, an aircraft for a place outside Alaska. 

12 § 40926. Assessments and evaluations 

13 (a) PERIODIC ASSESSMENTS.—The Administrator shall require each air 

14 carrier and airport (including the airport owner or operator in cooperation 

15 with the air carriers and vendors serving each airport) that provides for 

16 intrastate, interstate, or foreign air transportation to conduct periodic vul17 nerability assessments of the security systems of that air carrier or airport, 

18 respectively. The Transportation Security Administration shall perform peri19 odic audits of the assessments. 

20 (b) INVESTIGATIONS.—The Administrator shall conduct periodic and un21 announced inspections of security systems of airports and air carriers to de22 termine the effectiveness and vulnerabilities of the systems. To the extent 

23 allowable by law, the Administrator may provide for anonymous tests of 

24 those security systems. 

25 § 40927. Federal air marshals and training of law enforce26 ment personnel 

27 (a) IN GENERAL.—The Administrator under the authority provided by 

28 section 40913(d) of this title— 

29 (1) may provide for deployment of Federal air marshals on every 

30 passenger flight of air carriers in air transportation or intrastate air 

31 transportation; 

32 (2) shall provide for deployment of Federal air marshals on every 

33 flight determined by the Secretary to present high security risks; 

34 (3) shall provide for appropriate training, supervision, and equip35 ment of Federal air marshals; 

36 (4) shall require air carriers providing flights described in paragraph 

37 (1) to provide seating for a Federal air marshal on the flight without 

38 regard to the availability of seats on the flight and at no cost to the 

39 United States Government or the marshal; 

40 (5) may require air carriers to provide, on a space-available basis, 

41 to an off-duty Federal air marshal a seat on a flight to the airport 


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1 nearest the marshal’s home at no cost to the marshal or the United 

2 States Government if the marshal is traveling to that airport after 

3 completing his or her security duties; 

4 (6) may enter into agreements with Federal, State, and local agen5 cies under which appropriately trained law enforcement personnel from 

6 the agencies, when traveling on a flight of an air carrier, will carry a 

7 firearm and be prepared to assist Federal air marshals; 

8 (7) shall establish procedures to ensure that Federal air marshals 

9 are made aware of armed or unarmed law enforcement personnel on 

10 board an aircraft; and 

11 (8) may appoint as a Federal air marshal, regardless of age (if the 

12 individual otherwise meets the background and fitness qualifications re13 quired for Federal air marshals)— 

14 (A) an individual who is a retired law enforcement officer; or 

15 (B) an individual who is a retired member of the armed forces. 

16 (b) LONG DISTANCE FLIGHTS.—In making the determination under sub17 section (a)(2), nonstop, long distance flights, such as those targeted on Sep18 tember 11, 2001, should be a priority. 

19 (c) CONTINUATION OF INITIATIVES TO PROTECT ANONYMITY OF FED20 ERAL AIR MARSHALS.—The Director of the Federal Air Marshal Service 

21 shall continue operational initiatives to protect the anonymity of Federal air 

22 marshals. 

23 (d) TRAINING FOR FEDERAL AND LOCAL LAW ENFORCEMENT PER24 SONNEL.— 

25 (1) AVAILABILITY OF INFORMATION.—The Director of Immigration 

26 and Customs Enforcement and the Director of the Federal Air Marshal 

27 Service shall make available, as practicable, appropriate information on 

28 in-flight counterterrorism and weapons handling procedures and tactics 

29 training to Federal law enforcement officers who fly while in possession 

30 of a firearm. 

31 (2) IDENTIFICATION OF FRAUDULENT DOCUMENTS.—The Director 

32 of Immigration and Customs Enforcement and the Director of the Fed33 eral Air Marshal Service, in coordination with the Administrator, shall 

34 ensure that Transportation Security Administration screeners and Fed35 eral air marshals receive training in identifying fraudulent identifica36 tion documents, including fraudulent or expired visas and passports. 

37 The training also shall be made available to other Federal law enforce38 ment agencies and local law enforcement agencies located in a State 

39 that borders Canada or Mexico. 

40 (e) TRAINING FOR FOREIGN LAW ENFORCEMENT PERSONNEL.— 


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1 (1) IN GENERAL.—The Director of Immigration and Customs En2 forcement, after consultation with the Secretary of State, may direct 

3 the Federal Air Marshal Service to provide appropriate air marshal 

4 training to law enforcement personnel of foreign countries. 

5 (2) WATCHLIST SCREENING.—The Federal Air Marshal Service may 

6 only provide appropriate air marshal training to law enforcement per7 sonnel of foreign countries after comparing the identifying information 

8 and records of law enforcement personnel of foreign countries against 

9 all appropriate records in the consolidated and integrated terrorist 

10 watchlists maintained by the Federal Government. 

11 (3) FEES.—The Director of Immigration and Customs Enforcement 

12 shall establish reasonable fees and charges to pay expenses incurred in 

13 carrying out this subsection. Funds collected under this subsection 

14 shall be credited to the account in the Treasury from which the ex15 penses were incurred and shall be available to the Director of Immigra16 tion and Customs Enforcement for purposes for which amounts in the 

17 account are available. 

18 § 40928. Crew training 

19 (a) BASIC SECURITY TRAINING.— 

20 (1) IN GENERAL.—Each air carrier providing scheduled passenger 

21 air transportation shall carry out a training program for flight and 

22 cabin crew members to prepare the crew members for potential threat 

23 conditions. 

24 (2) PROGRAM ELEMENTS.—An air carrier training program under 

25 this subsection shall include, at a minimum, elements that address each 

26 of the following: 

27 (A) Recognizing suspicious activities and determining the seri28 ousness of an occurrence. 

29 (B) Crew communication and coordination. 

30 (C) The proper commands to give passengers and attackers. 

31 (D) Appropriate responses to defend oneself. 

32 (E) Use of protective devices assigned to crew members (to the 

33 extent devices are required by the Administrator and the Adminis34 trator of the Federal Aviation Administration). 

35 (F) Psychology of terrorists to cope with hijacker behavior and 

36 passenger responses. 

37 (G) Situational training exercises regarding various threat con38 ditions. 

39 (H) Flight deck procedures or aircraft maneuvers to defend the 

40 aircraft and cabin crew responses to the procedures and maneu41 vers. 


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1 (I) The proper conduct of a cabin search, including explosive de2 vice recognition. 

3 (J) Other subject matter considered appropriate by the Admin4 istrator. 

5 (3) APPROVAL.—An air carrier training program under this sub6 section shall be subject to approval by the Administrator. 

7 (4) MINIMUM STANDARDS.—The Administrator may establish min8 imum standards for the training provided under this subsection and for 

9 recurrent training. 

10 (5) PROGRAMS TO CONTINUE IN EFFECT.—Notwithstanding para11 graphs (3) and (4), a training program of an air carrier to prepare 

12 flight and cabin crew members for potential threat conditions that was 

13 approved by the Administrator of the Federal Aviation Administration 

14 or the Administrator before December 12, 2003, may continue in effect 

15 until disapproved or ordered modified by the Administrator. 

16 (6) MONITORING.—The Administrator, in consultation with the Ad17 ministrator of the Federal Aviation Administration, shall monitor air 

18 carrier training programs under this subsection and periodically shall 

19 review an air carrier’s training program to ensure that the program is 

20 adequately preparing crew members for potential threat conditions. In 

21 determining when an air carrier’s training program should be reviewed 

22 under this paragraph, the Administrator shall consider complaints from 

23 crew members. The Administrator shall ensure that employees respon24 sible for monitoring the training programs have the necessary resources 

25 and knowledge. 

26 (7) UPDATES.—The Administrator, in consultation with the Admin27 istrator of the Federal Aviation Administration, shall order air carriers 

28 to modify training programs under this subsection to reflect new or dif29 ferent security threats. 

30 (b) ADVANCED SELF-DEFENSE TRAINING.— 

31 (1) IN GENERAL.—The Administrator shall develop and provide a 

32 voluntary training program for flight and cabin crew members of air 

33 carriers providing scheduled passenger air transportation. 

34 (2) PROGRAM ELEMENTS.—The training program under this sub35 section shall include both classroom and effective hands-on training in 

36 the following elements of self-defense: 

37 (A) Deterring a passenger who might present a threat. 

38 (B) Advanced control, striking, and restraint techniques. 

39 (C) Training to defend oneself against edged or contact weap40 ons. 

41 (D) Methods to subdue and restrain an attacker. 


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1 (E) Use of available items aboard the aircraft for self-defense. 

2 (F) Appropriate and effective responses to defend oneself, in3 cluding the use of force against an attacker. 

4 (G) Other elements of training that the Administrator considers 

5 appropriate. 

6 (3) PARTICIPATION NOT REQUIRED.—A crew member shall not be 

7 required to participate in the training program under this subsection. 

8 (4) COMPENSATION.—Neither the Federal Government nor an air 

9 carrier shall be required to compensate a crew member for partici10 pating in the training program under this subsection. 

11 (5) FEES.—A crew member is not required to pay a fee for the 

12 training program under this subsection. 

13 (6) CONSULTATION.—In developing the training program under this 

14 subsection, the Administrator shall consult with law enforcement per15 sonnel and security experts who have expertise in self-defense training, 

16 terrorism experts, representatives of air carriers, the director of self17 defense training in the Federal Air Marshal Service, flight attendants, 

18 labor organizations representing flight attendants, and educational in19 stitutions offering law enforcement training programs. 

20 (7) DESIGNATION OF TRANSPORTATION SECURITY ADMINISTRATION

21 OFFICIAL.—The Administrator shall designate an official in the Trans22 portation Security Administration to be responsible for implementing 

23 the training program under this subsection. The official shall consult 

24 with air carriers and labor organizations representing crew members 

25 before implementing the program to ensure that it is appropriate for 

26 situations that may arise on board an aircraft during a flight. 

27 (c) LIMITATION.—Actions by crew members under this section shall be 

28 subject to the provisions of section 40913(k) of this title. 

29 § 40929. Security screening program 

30 (a) IN GENERAL.—An operator of an airport may submit to the Adminis31 trator an application to have the screening of passengers and property at 

32 the airport under section 40911 of this title be carried out by the screening 

33 personnel of a qualified private screening company under a contract entered 

34 into with the Administrator. 

35 (b) APPROVAL OF APPLICATIONS.— 

36 (1) IN GENERAL.—Not later than 120 days after the date of receipt 

37 of an application submitted by an airport operator under subsection 

38 (a), the Administrator shall approve or deny the application. 

39 (2) STANDARDS.—The Administrator shall approve an application 

40 submitted by an airport operator under subsection (a) if the Adminis41 trator determines that the approval would not compromise security or 


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1 detrimentally affect the cost-efficiency or the effectiveness of the 

2 screening of passengers or property at the airport. 

3 (3) REPORTS ON DENIALS OF APPLICATIONS.— 

4 (A) IN GENERAL.—If the Administrator denies an application 

5 submitted by an airport operator under subsection (a), the Admin6 istrator shall provide to the airport operator, not later than 60 

7 days following the date of the denial, a written report that sets 

8 forth— 

9 (i) the findings that served as the basis for the denial; 

10 (ii) the results of cost or security analysis conducted in 

11 considering the application; and 

12 (iii) recommendations on how the airport operator can ad13 dress the reasons for the denial. 

14 (B) SUBMISSION TO CONGRESS.—The Administrator shall sub15 mit to the Committee on Commerce, Science, and Transportation 

16 of the Senate and the Committee on Homeland Security of the 

17 House of Representatives a copy of a report provided to an airport 

18 operator under subparagraph (A). 

19 (c) QUALIFIED PRIVATE SCREENING COMPANY.—A private screening 

20 company is qualified to provide screening services at an airport under this 

21 section if the company will only employ individuals to provide the services 

22 who meet all the requirements of this chapter applicable to Federal Govern23 ment personnel who perform screening services at airports under this chap24 ter and will provide compensation and other benefits to the individuals that 

25 are not less than the level of compensation and other benefits provided to 

26 the Federal Government personnel in accordance with this chapter. 

27 (d) STANDARDS FOR PRIVATE SCREENING COMPANIES.— 

28 (1) IN GENERAL.—The Administrator may enter into a contract with 

29 a private screening company to provide screening at an airport under 

30 this section only if the Administrator determines and certifies to Con31 gress that— 

32 (A) the level of screening services and protection provided at the 

33 airport under the contract will be equal to or greater than the level 

34 that would be provided at the airport by Federal Government per35 sonnel under this chapter; and 

36 (B) the private screening company is owned and controlled by 

37 a citizen of the United States, to the extent that the Administrator 

38 determines that there are private screening companies owned and 

39 controlled by citizens of the United States. 

40 (2) WAIVERS.—The Administrator may waive the requirement of 

41 paragraph (1)(B) for a company that is a United States subsidiary 


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1 with a parent company that has implemented a foreign ownership, con2 trol, or influence mitigation plan that has been approved by the De3 fense Security Service of the Department of Defense prior to the sub4 mission of the application. The Administrator has complete discretion 

5 to reject any application from a private screening company that re6 quires a waiver under this paragraph to provide screening services at 

7 an airport. 

8 (e) SUPERVISION OF SCREENED PERSONNEL.—The Administrator shall 

9 provide Federal Government supervisors to oversee all screening at each air10 port at which screening services are provided under this section and provide 

11 Federal Government law enforcement officers at the airport pursuant to this 

12 chapter. 

13 (f) TERMINATION OF CONTRACTS.—The Administrator may terminate a 

14 contract entered into with a private screening company to provide screening 

15 services at an airport under this section if the Administrator finds that the 

16 company has failed repeatedly to comply with a standard, regulation, direc17 tive, order, law, or contract applicable to the hiring or training of personnel 

18 to provide services or to the provision of screening at the airport. 

19 (g) OPERATOR NOT LIABLE.—An operator of an airport is not liable for 

20 a claim for damages filed in State or Federal court (including a claim for 

21 compensatory, punitive, contributory, or indemnity damages) relating to— 

22 (1) the airport operator’s decision— 

23 (A) to submit an application to the Administrator under sub24 section (a) or former section 44919 of title 49; or 

25 (B) not to submit an application; and 

26 (2) an act of negligence, gross negligence, or intentional wrongdoing 

27 by— 

28 (A) a qualified private screening company or its employees in 

29 a case in which the qualified private screening company is acting 

30 under a contract entered into with the Secretary or the Secretary’s 

31 designee; or 

32 (B) employees of the Federal Government providing passenger 

33 and property security screening services at the airport. 

34 (h) RECOMMENDATIONS OF AIRPORT OPERATOR.—As part of any sub35 mission of an application for a private screening company to provide screen36 ing services at an airport, the airport operator shall provide to the Adminis37 trator a recommendation as to which company would best serve the security 

38 screening and passenger needs of the airport, along with a statement ex39 plaining the basis of the operator’s recommendation. 

40 (i) OPERATOR LIABILITY.—Nothing in this section shall relieve an airport 

41 operator from liability for its own acts or omissions related to its security 


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1 responsibilities. Except as may be provided by subchapter IV of chapter 105 

2 of this title, nothing in this section shall relieve a qualified private screening 

3 company or its employees from liability related to its own acts of negligence, 

4 gross negligence, or intentional wrongdoing. 

5 § 40930. Federal flight deck officer program 

6 (a) DEFINITIONS.—In this section: 

7 (1) AIR TRANSPORTATION.—The term ‘‘air transportation’’ includes 

8 all-cargo air transportation. 

9 (2) PILOT.—The term ‘‘pilot’’ means an individual who has final au10 thority and responsibility for the operation and safety of the flight or 

11 another flight deck crew member. 

12 (b) EXEMPTION.—This section does not apply to air carriers operating 

13 under part 135 of title 14, Code of Federal Regulations, and to pilots em14 ployed by the carriers to the extent that the carriers and pilots are covered 

15 by section 135.119 of title 14 or a successor to that section. 

16 (c) ESTABLISHMENT.—The Administrator shall establish a program to 

17 deputize volunteer pilots of air carriers providing air transportation or intra18 state air transportation as Federal law enforcement officers to defend the 

19 flight decks of aircraft of air carriers against acts of criminal violence or 

20 air piracy. The officers shall be known as ‘‘Federal flight deck officers’’. 

21 (d) PROCEDURAL REQUIREMENTS.— 

22 (1) IN GENERAL.—The Administrator shall establish procedural re23 quirements to carry out the program under this section. 

24 (2) COMMENCEMENT OF PROGRAM.—The Administrator shall under25 take the process of training and deputizing pilots who are qualified to 

26 be Federal flight deck officers as Federal flight deck officers under the 

27 program. 

28 (3) ISSUES TO BE ADDRESSED.—The procedural requirements estab29 lished under paragraph (1) shall address the following issues: 

30 (A) The type of firearm to be used by a Federal flight deck offi31 cer. 

32 (B) The type of ammunition to be used by a Federal flight deck 

33 officer. 

34 (C) The standards and training needed to qualify and requalify 

35 as a Federal flight deck officer. 

36 (D) The placement of the firearm of a Federal flight deck offi37 cer on board the aircraft to ensure both its security and its ease 

38 of retrieval in an emergency. 

39 (E) An analysis of the risk of catastrophic failure of an aircraft 

40 as a result of the discharge (including an accidental discharge) of 


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1 a firearm to be used in the program into the avionics, electrical 

2 systems, or other sensitive areas of the aircraft. 

3 (F) The division of responsibility between pilots in the event of 

4 an act of criminal violence or air piracy if only one pilot is a Fed5 eral flight deck officer and if both pilots are Federal flight deck 

6 officers. 

7 (G) Procedures for ensuring that the firearm of a Federal flight 

8 deck officer does not leave the cockpit if there is a disturbance in 

9 the passenger cabin of the aircraft or if the pilot leaves the cockpit 

10 for personal reasons. 

11 (H) Interaction between a Federal flight deck officer and a Fed12 eral air marshal on board the aircraft. 

13 (I) The process for selection of pilots to participate in the pro14 gram based on their fitness to participate in the program, includ15 ing whether an additional background check should be required be16 yond that required by section 40954(a)(1) of this title. 

17 (J) Storage and transportation of firearms between flights, in18 cluding international flights, to ensure the security of the firearms, 

19 focusing particularly on whether security would be enhanced by re20 quiring storage of the firearm at the airport when the pilot leaves 

21 the airport to remain overnight away from the pilot’s base airport. 

22 (K) Methods for ensuring that security personnel will be able 

23 to identify whether a pilot may carry a firearm under the pro24 gram. 

25 (L) Methods for ensuring that pilots (including Federal flight 

26 deck officers) will be able to identify whether a passenger is a law 

27 enforcement officer who may carry a firearm aboard the aircraft. 

28 (M) Other issues that the Administrator considers necessary. 

29 (4) PREFERENCE.—In selecting pilots to participate in the program, 

30 the Administrator shall give preference to pilots who are former mili31 tary or law enforcement personnel. 

32 (5) CLASSIFIED INFORMATION.—Notwithstanding section 552 of title 

33 5 but subject to section 40119 of title 49, information developed under 

34 paragraph (3)(E) shall not be disclosed. 

35 (6) NOTICE TO CONGRESS.—The Administrator shall provide notice 

36 to the Committee on Transportation and Infrastructure of the House 

37 of Representatives and the Committee on Commerce, Science, and 

38 Transportation of the Senate after completing the analysis required by 

39 paragraph (3)(E). 

40 (7) MINIMIZATION OF RISK.—If the Administrator determines as a 

41 result of the analysis under paragraph (3)(E) that there is a significant 


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1 risk of the catastrophic failure of an aircraft as a result of the dis2 charge of a firearm, the Administrator shall take necessary actions to 

3 minimize that risk. 

4 (8) REVIEW STANDARD.—The Administrator’s decisions regarding 

5 the methods for implementing each of the procedural requirements 

6 specified in paragraph (3) shall be subject to review only for abuse of 

7 discretion. 

8 (e) TRAINING, SUPERVISION, AND EQUIPMENT.— 

9 (1) IN GENERAL.—The Administrator shall only be obligated to pro10 vide the training, supervision, and equipment necessary for a pilot to 

11 be a Federal flight deck officer under this section at no expense to the 

12 pilot or the air carrier employing the pilot. 

13 (2) TRAINING.— 

14 (A) IN GENERAL.—The Administrator shall base the require15 ments for the training of Federal flight deck officers under sub16 section (d) on the training standards applicable to Federal air 

17 marshals, except that the Administrator shall take into account 

18 the differing roles and responsibilities of Federal flight deck offi19 cers and Federal air marshals. 

20 (B) ELEMENTS.—The training of a Federal flight deck officer 

21 shall include, at a minimum— 

22 (i) training to ensure that the officer achieves the level of 

23 proficiency with a firearm required under subparagraph 

24 (C)(i); 

25 (ii) training to ensure that the officer maintains exclusive 

26 control over the officer’s firearm at all times, including train27 ing in defensive maneuvers; and 

28 (iii) training to assist the officer in determining when it is 

29 appropriate to use the officer’s firearm and when it is appro30 priate to use less than lethal force. 

31 (C) TRAINING IN USE OF FIREARMS.— 

32 (i) LEVEL OF PROFICIENCY.—To be deputized as a Federal 

33 flight deck officer, a pilot must achieve a level of proficiency 

34 with a firearm that is required by the Administrator. The 

35 level shall be comparable to the level of proficiency required 

36 of Federal air marshals. 

37 (ii) TRAINING BY ADMINISTRATOR OR FIREARMS TRAINING

38 FACILITY.—The training of a Federal flight deck officer in 

39 the use of a firearm may be conducted by the Administrator 

40 or by a firearms training facility approved by the Adminis41 trator. 


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1 (iii) REQUALIFICATION.—The Administrator shall require a 

2 Federal flight deck officer to requalify to carry a firearm 

3 under the program. The requalification shall occur at an in4 terval required by the Administrator. 

5 (f) DEPUTIZATION.— 

6 (1) IN GENERAL.—The Administrator may deputize, as a Federal 

7 flight deck officer under this section, a pilot who submits to the Admin8 istrator a request to be such an officer and who the Administrator de9 termines is qualified to be such an officer. 

10 (2) QUALIFICATION.—A pilot is qualified to be a Federal flight deck 

11 officer under this section if— 

12 (A) the pilot is employed by an air carrier; 

13 (B) the Administrator determines that the pilot meets the 

14 standards established by the Administrator for being a Federal 

15 flight deck officer; and 

16 (C) the Administrator determines that the pilot has completed 

17 the training required by the Administrator. 

18 (3) DEPUTIZATION BY OTHER FEDERAL AGENCIES.—The Adminis19 trator may request another Federal agency to deputize, as Federal 

20 flight deck officers under this section, pilots that the Administrator de21 termines are qualified to be Federal flight deck officers. 

22 (4) REVOCATION.—The Administrator may revoke the deputization 

23 of a pilot as a Federal flight deck officer if the Administrator finds 

24 that the pilot is no longer qualified to be a Federal flight deck officer. 

25 (g) COMPENSATION.—Pilots participating in the program under this sec26 tion shall not be eligible for compensation from the Federal Government for 

27 services provided as a Federal flight deck officer. The Federal Government 

28 and air carriers shall not be obligated to compensate a pilot for partici29 pating in the program or for the pilot’s training or qualification and requali30 fication to carry firearms under the program. 

31 (h) AUTHORITY TO CARRY FIREARMS.— 

32 (1) IN GENERAL.—The Administrator shall authorize a Federal 

33 flight deck officer to carry a firearm while engaged in providing air 

34 transportation or intrastate air transportation. Notwithstanding sub35 section (e)(1), the officer may purchase a firearm and carry that fire36 arm aboard an aircraft of which the officer is the pilot under this sec37 tion if the firearm is of a type that may be used under the program. 

38 (2) PREEMPTION.—Notwithstanding any other provision of Federal 

39 or State law, a Federal flight deck officer, whenever necessary to par40 ticipate in the program, may carry a firearm in a State and from one 

41 State to another State. 


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1 (3) CARRYING FIREARMS OUTSIDE UNITED STATES.—In consultation 

2 with the Secretary of State, the Administrator may take necessary ac3 tion to ensure that a Federal flight deck officer may carry a firearm 

4 in a foreign country whenever necessary to participate in the program. 

5 (i) AUTHORITY TO USE FORCE.—Notwithstanding section 40913(d) of 

6 this title, the Administrator shall prescribe the standards and circumstances 

7 under which a Federal flight deck officer may use, while the program under 

8 this section is in effect, force (including lethal force) against an individual 

9 in the defense of the flight deck of an aircraft in air transportation or intra10 state air transportation. 

11 (j) LIMITATION ON LIABILITY.— 

12 (1) AIR CARRIERS.—An air carrier is not liable for damages in an 

13 action brought in a Federal or State court arising out of a Federal 

14 flight deck officer’s use of or failure to use a firearm. 

15 (2) FEDERAL FLIGHT DECK OFFICERS.—A Federal flight deck offi16 cer is not liable for damages in an action brought in a Federal or State 

17 court arising out of the acts or omissions of the officer in defending 

18 the flight deck of an aircraft against acts of criminal violence or air 

19 piracy unless the officer is guilty of gross negligence or willful mis20 conduct. 

21 (3) FEDERAL GOVERNMENT.—For purposes of an action against the 

22 United States with respect to an act or omission of a Federal flight 

23 deck officer in defending the flight deck of an aircraft, the officer shall 

24 be treated as an employee of the Federal Government under chapter 

25 171 of title 28, relating to tort claims procedure. 

26 (k) PROCEDURES FOLLOWING ACCIDENTAL DISCHARGES.—If an acci27 dental discharge of a firearm under the pilot program results in the injury 

28 or death of a passenger or crew member on an aircraft, the Administrator— 

29 (1) shall revoke the deputization of the Federal flight deck officer 

30 responsible for that firearm if the Administrator determines that the 

31 discharge was attributable to the negligence of the officer; and 

32 (2) if the Administrator determines that a shortcoming in standards, 

33 training, or procedures was responsible for the accidental discharge, 

34 may temporarily suspend the program until the shortcoming is cor35 rected. 

36 (l) LIMITATION ON AUTHORITY OF AIR CARRIERS.—An air carrier may 

37 not— 

38 (1) prohibit a pilot employed by the air carrier from becoming a Fed39 eral flight deck officer under this section; 

40 (2) threaten a retaliatory action against a pilot employed by the air 

41 carrier for becoming a Federal flight deck officer under this section; 


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1 (3) prohibit a Federal flight deck officer from piloting an aircraft op2 erated by the air carrier; or 

3 (4) terminate the employment of a Federal flight deck officer, solely 

4 on the basis of his or her volunteering for or participating in the pro5 gram under this section. 

6 § 40931. Deputation of State and local law enforcement offi7 cers 

8 (a) DEPUTATION AUTHORITY.—The Administrator may deputize a State 

9 or local law enforcement officer to carry out Federal airport security duties 

10 under this chapter. 

11 (b) FULFILLMENT OF REQUIREMENTS.—A State or local law enforcement 

12 officer who is deputized under this section shall be treated as a Federal law 

13 enforcement officer for purposes of meeting the requirements of this chapter 

14 and other provisions of law to provide Federal law enforcement officers to 

15 carry out Federal airport security duties. 

16 (c) AGREEMENTS.—To deputize a State or local law enforcement officer 

17 under this section, the Administrator shall enter into a voluntary agreement 

18 with the appropriate State or local law enforcement agency that employs the 

19 State or local law enforcement officer. 

20 (d) REIMBURSEMENT.— 

21 (1) IN GENERAL.—The Administrator shall reimburse a State or 

22 local law enforcement agency for all reasonable, allowable, and allocable 

23 costs incurred by the State or local law enforcement agency with re24 spect to a law enforcement officer deputized under this section. 

25 (2) AUTHORIZATION OF APPROPRIATIONS.—There are authorized to 

26 be appropriated such sums as may be necessary to carry out this sub27 section. 

28 (e) FEDERAL TORT CLAIMS ACT.—A State or local law enforcement offi29 cer who is deputized under this section shall be treated as an ‘‘employee 

30 of the Government’’ for purposes of sections 1346(b) and 2401(b) and chap31 ter 171 of title 28 while carrying out Federal airport security duties in the 

32 course and scope of the officer’s employment, subject to Federal supervision 

33 and control, and under the terms of the deputation. 

34 (f) STATIONING OF OFFICERS.—The Administrator may allow law en35 forcement personnel to be stationed other than at the airport security 

36 screening location if that would be preferable for law enforcement purposes 

37 and if the personnel would still be able to provide a prompt response to 

38 problems occurring at the screening location. 

39 § 40932. Airport security improvement projects 

40 (a) DEFINITION OF SPONSOR.—In this section, the term ‘‘sponsor’’ has 

41 the meaning given the term in section 47102 of title 49. 


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1 (b) GRANT AUTHORITY.—Subject to the requirements of this section, the 

2 Administrator shall make grants to airport sponsors— 

3 (1) for projects to replace baggage conveyer systems related to avia4 tion security; 

5 (2) for projects to reconfigure terminal baggage areas as needed to 

6 install explosive detection systems; 

7 (3) for projects to enable the Administrator to deploy explosive detec8 tion systems behind the ticket counter, in the baggage sorting area, or 

9 in line with the baggage handling system; and 

10 (4) for other airport security capital improvement projects. 

11 (c) APPLICATIONS.—A sponsor seeking a grant under this section shall 

12 submit to the Administrator an application in the form, and containing the 

13 information, the Administrator prescribes. 

14 (d) APPROVAL.—The Administrator, after consultation with the Secretary 

15 of Transportation, may approve an application of a sponsor for a grant 

16 under this section only if the Administrator determines that the project will 

17 improve security at an airport or improve the efficiency of the airport with18 out lessening security. 

19 (e) LETTERS OF INTENT.— 

20 (1) ISSUANCE.—The Administrator shall issue a letter of intent to 

21 a sponsor committing to obligate from future budget authority an 

22 amount, not more than the Federal Government’s share of the project’s 

23 cost, for an airport security improvement project (including interest 

24 costs and costs of formulating the project). 

25 (2) SCHEDULE.—A letter of intent under this subsection shall estab26 lish a schedule under which the Administrator will reimburse the spon27 sor for the Government’s share of the project’s costs, as amounts be28 come available, if the sponsor, after the Administrator issues the letter, 

29 carries out the project without receiving amounts under this section. 

30 (3) NOTICE TO ADMINISTRATOR.—A sponsor that has been issued a 

31 letter of intent under this subsection shall notify the Administrator of 

32 the sponsor’s intent to carry out a project before the project begins. 

33 (4) NOTICE TO CONGRESS.—The Administrator shall transmit to the 

34 Committees on Appropriations and Transportation and Infrastructure 

35 of the House of Representatives and the Committees on Appropriations 

36 and Commerce, Science and Transportation of the Senate a written no37 tification at least 3 days before the issuance of a letter of intent under 

38 this section. 

39 (5) LIMITATIONS.—A letter of intent issued under this subsection is 

40 not an obligation of the Government under section 1501 of title 31, 

41 and the letter is not deemed to be an administrative commitment for 


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1 financing. An obligation or administrative commitment may be made 

2 only as amounts are provided in authorization and appropriations laws. 

3 (6) STATUTORY CONSTRUCTION.—Nothing in this subsection shall be 

4 construed to prohibit the obligation of amounts pursuant to a letter of 

5 intent under this subsection in the same fiscal year as the letter of in6 tent is issued. 

7 (f) FEDERAL SHARE.—The Government’s share of the cost of a project 

8 under this section shall be 90 percent for a project at a medium or large 

9 hub airport and 95 percent for a project at any other airport. 

10 (g) APPLICABILITY OF CERTAIN REQUIREMENTS.—The requirements 

11 that apply to grants and letters of intent issued under chapter 471 of title 

12 49 (other than section 47102(3)) shall apply to grants and letters of intent 

13 issued under this section. 

14 (h) AVIATION SECURITY CAPITAL FUND.— 

15 (1) IN GENERAL.—There is established in the Department the Avia16 tion Security Capital Fund. The first $250,000,000 from fees received 

17 under section 40958(a) of this title in each of fiscal years 2004 

18 through 2028 is available to be deposited in the Fund. The Adminis19 trator shall impose the fee authorized by section 40958(a) so as to col20 lect at least $250,000,000 in each of the fiscal years for deposit into 

21 the Fund. Amounts in the Fund are available to the Administrator to 

22 make grants under this section. 

23 (2) ALLOCATION.—Of the amount made available under paragraph 

24 (1) for a fiscal year, not less than $200,000,000 shall be allocated to 

25 fulfill letters of intent issued under subsection (d). 

26 (3) DISCRETIONARY GRANTS.—Of the amount made available under 

27 paragraph (1) for a fiscal year, up to $50,000,000 shall be used to 

28 make discretionary grants, including other transaction agreements for 

29 airport security improvement projects, with priority given to small hub 

30 airports and nonhub airports. 

31 (i) LEVERAGED FUNDING.—For purposes of this section, a grant under 

32 subsection (b) to an airport sponsor to service an obligation issued by or 

33 on behalf of that sponsor to fund a project described in subsection (b) is 

34 considered to be a grant for that project. 

35 § 40933. Repair station security 

36 (a) SECURITY REVIEW AND AUDIT.—To ensure the security of mainte37 nance and repair work conducted on air carrier aircraft and components at 

38 foreign repair stations, the Administrator, in consultation with the Adminis39 trator of the Federal Aviation Administration, shall complete a security re40 view and audit of foreign repair stations that are certified by the Adminis41 trator of the Federal Aviation Administration under part 145 of title 14, 


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1 Code of Federal Regulations, and that work on air carrier aircraft and com2 ponents. The review shall be completed no later than 6 months after the 

3 date on which the Administrator issues regulations under subsection (f). 

4 (b) ADDRESSING SECURITY CONCERNS.—The Administrator shall require 

5 a foreign repair station to address the security issues and vulnerabilities 

6 identified in a security audit conducted under subsection (a) within 90 days 

7 of providing notice to the repair station of the security issues and 

8 vulnerabilities so identified and shall notify the Administrator of the Federal 

9 Aviation Administration that a deficiency was identified in the security 

10 audit. 

11 (c) SUSPENSIONS AND REVOCATIONS OF CERTIFICATES.— 

12 (1) FAILURE TO CARRY OUT EFFECTIVE SECURITY MEASURES.—If, 

13 after the 90th day on which a notice is provided to a foreign repair 

14 station under subsection (b), the Administrator determines that the 

15 foreign repair station does not maintain and carry out effective security 

16 measures, the Administrator shall notify the Administrator of the Fed17 eral Aviation Administration of the determination. On receipt of the de18 termination, the Administrator of the Federal Aviation Administration 

19 shall suspend the certification of the repair station until the Adminis20 trator determines that the repair station maintains and carries out ef21 fective security measures and transmits the determination to the Ad22 ministrator of the Federal Aviation Administration. 

23 (2) IMMEDIATE SECURITY RISK.—If the Administrator determines 

24 that a foreign repair station poses an immediate security risk, the Ad25 ministrator shall notify the Administrator of the Federal Aviation Ad26 ministration of the determination. On receipt of the determination, the 

27 Administrator of the Federal Aviation Administration shall revoke the 

28 certification of the repair station. 

29 (3) PROCEDURES FOR APPEALS.—The Administrator, in consultation 

30 with the Administrator of the Federal Aviation Administration, shall 

31 establish procedures for appealing a revocation of a certificate under 

32 this subsection. 

33 (d) FAILURE TO MEET AUDIT DEADLINE.—If the security audits re34 quired by subsection (a) are not completed on or before the date that is 

35 6 months after the date on which the Administrator issues regulations 

36 under subsection (f), the Administrator of the Federal Aviation Administra37 tion shall be barred from certifying a foreign repair station (other than a 

38 station that was previously certified, or is in the process of certification, by 

39 the Administrator of the Federal Aviation Administration under part A of 

40 subtitle VII of title 49) until the audits are completed for existing stations. 


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1 (e) PRIORITY FOR AUDITS.—In conducting the audits described in sub2 section (a), the Administrator and the Administrator of the Federal Avia3 tion Administration shall give priority to foreign repair stations located in 

4 countries identified by the Government as posing the most significant secu5 rity risks. 

6 (f) REGULATIONS.—The Administrator, in consultation with the Adminis7 trator of the Federal Aviation Administration, shall issue final regulations 

8 to ensure the security of foreign and domestic aircraft repair stations. 

9 § 40934. Deployment and use of detection equipment at air10 port screening checkpoints 

11 (a) WEAPONS AND EXPLOSIVES.—The Secretary shall give a high priority 

12 to developing, testing, improving, and deploying, at airport screening check13 points, equipment that detects nonmetallic, chemical, biological, and radio14 logical weapons, and explosives, in all forms, on individuals and in their per15 sonal property. The Secretary shall ensure that the equipment alone, or as 

16 part of an integrated system, can detect under realistic operating conditions 

17 the types of weapons and explosives that terrorists would likely try to smug18 gle aboard an air carrier aircraft. 

19 (b) STRATEGIC PLAN FOR DEPLOYMENT AND USE OF EXPLOSIVE DE20 TECTION EQUIPMENT AT AIRPORT SCREENING CHECKPOINTS.— 

21 (1) IN GENERAL.—The Administrator shall submit to the appro22 priate congressional committees a strategic plan to promote the optimal 

23 utilization and deployment of explosive detection equipment at airports 

24 to screen individuals and their personal property. Such equipment in25 cludes walk-through explosive detection portals, document scanners, 

26 shoe scanners, and backscatter x-ray scanners. The plan may be sub27 mitted in a classified format. 

28 (2) CONTENT.—The strategic plan shall include, at minimum— 

29 (A) a description of current efforts to detect explosives in all 

30 forms on individuals and in their personal property; 

31 (B) a description of the operational applications of explosive de32 tection equipment at airport screening checkpoints; 

33 (C) a deployment schedule and a description of the quantities 

34 of equipment needed to implement the plan; 

35 (D) a description of funding needs to implement the plan, in36 cluding a financing plan that provides for leveraging of non-Fed37 eral funding; 

38 (E) a description of the measures taken and anticipated to be 

39 taken in carrying out subsection (d); and 

40 (F) a description of any recommended legislative actions. 


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1 (c) AUTHORIZATION OF APPROPRIATIONS.—There is authorized to be ap2 propriated to the Secretary for the use of the Transportation Security Ad3 ministration $250,000,000, in addition to amounts otherwise authorized by 

4 law, for research, development, and installation of detection systems and 

5 other devices for the detection of biological, chemical, radiological, and ex6 plosive materials. 

7 (d) INTERIM ACTION.—Until measures are implemented that enable the 

8 screening of all passengers for explosives, the Administrator shall provide, 

9 by means the Administrator considers appropriate, explosives detection 

10 screening for all passengers identified for additional screening and their per11 sonal property that will be carried aboard a passenger aircraft operated by 

12 an air carrier or foreign air carrier in air transportation or intrastate air 

13 transportation. 

14 § 40935. Appeal and redress process for passengers wrongly 

15 delayed or prohibited from boarding a flight 

16 (a) IN GENERAL.—The Secretary shall establish a timely and fair process 

17 for individuals who believe they have been delayed or prohibited from board18 ing a commercial aircraft because they were wrongly identified as a threat 

19 under the regimes utilized by the Transportation Security Administration, 

20 U.S. Customs and Border Protection, or another office or component of the 

21 Department. 

22 (b) OFFICE OF APPEALS AND REDRESS.— 

23 (1) ESTABLISHMENT.—The Secretary shall establish in the Depart24 ment an Office of Appeals and Redress to implement, coordinate, and 

25 execute the process established by the Secretary under subsection (a). 

26 The Office shall include representatives from the Transportation Secu27 rity Administration, U.S. Customs and Border Protection, and other 

28 offices and components of the Department that the Secretary deter29 mines appropriate. 

30 (2) RECORDS.—The process established by the Secretary under sub31 section (a) shall include the establishment of a method by which the 

32 Office, under the direction of the Secretary, will be able to maintain 

33 a record of air carrier passengers and other individuals who have been 

34 misidentified and have corrected erroneous information. 

35 (3) INFORMATION.—To prevent repeated delays of a misidentified 

36 passenger or other individual, the Office of Appeals and Redress 

37 shall— 

38 (A) ensure that the records maintained under this subsection 

39 contain information determined by the Secretary to authenticate 

40 the identity of the passenger or individual; 


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1 (B) furnish to the Transportation Security Administration, U.S. 

2 Customs and Border Protection, or another appropriate office or 

3 component of the Department, on request, information necessary 

4 to allow the office or component to assist air carriers in improving 

5 their administration of the advanced passenger prescreening sys6 tem and reduce the number of false positives; and 

7 (C) require that air carriers and foreign air carriers take action 

8 to identify passengers determined, under the process established 

9 under subsection (a), to have been wrongly identified. 

10 (4) HANDLING OF PERSONALLY IDENTIFIABLE INFORMATION.—The 

11 Secretary, in conjunction with the Chief Privacy Officer of the Depart12 ment, shall— 

13 (A) require that Federal employees of the Department handling 

14 personally identifiable information of passengers (in this para15 graph referred to as ‘‘PII’’) complete mandatory privacy and secu16 rity training prior to being authorized to handle PII; 

17 (B) ensure that the records maintained under this subsection 

18 are secured by encryption, one-way hashing, other data 

19 anonymization techniques, or other, equivalent security technical 

20 protections the Secretary determines necessary; 

21 (C) limit the information collected from misidentified passengers 

22 or other individuals to the minimum amount necessary to resolve 

23 a redress request; 

24 (D) require that the data generated under this subsection shall 

25 be shared or transferred via a secure data network, that has been 

26 audited to ensure that the anti-hacking and other security related 

27 software functions properly and is updated as necessary; 

28 (E) ensure that an employee of the Department receiving the 

29 data contained in the records handles the information under sec30 tion 552a of title 5 and the Federal Information Security Manage31 ment Act of 2002 (Public Law 107–296, 116 Stat. 2259); 

32 (F) only retain the data for as long as needed to assist the indi33 vidual traveler in the redress process; and 

34 (G) conduct and publish a privacy impact assessment of the 

35 process described within this subsection and transmit the assess36 ment to the Committee on Homeland Security of the House of 

37 Representatives, the Committee on Commerce, Science, and 

38 Transportation of the Senate, and the Committee on Homeland 

39 Security and Governmental Affairs of the Senate. 

40 (5) INITIATION OF REDRESS PROCESS AT AIRPORTS.—The Office of 

41 Appeals and Redress shall establish at each airport at which the DeVerDate Sep 11 2014 18:05 Jun 12, 2018 Jkt 079200 PO 00000 Frm 00620 Fmt 6652 Sfmt 6221 E:\BILLS\H6063.IH H6063

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1 partment has a significant presence a process to provide information 

2 to air carrier passengers to begin the redress process established under 

3 subsection (a). 

4 § 40936. Expedited screening for severely injured or dis5 abled members of the armed forces and severely 

6 injured or disabled veterans 

7 (a) PASSENGER SCREENING.—The Administrator, in consultation with 

8 the Secretary of Defense, the Secretary of Veterans Affairs, and organiza9 tions identified by the Secretaries of Defense and Veterans Affairs that ad10 vocate on behalf of severely injured or disabled members of the armed forces 

11 and severely injured or disabled veterans, shall develop and implement a 

12 process to support and facilitate the ease of travel and to the extent possible 

13 provide expedited passenger screening services through passenger screening 

14 for severely injured or disabled members of the armed forces and severely 

15 injured or disabled veterans. The process shall be designed to offer the indi16 vidual private screening to the maximum extent practicable. 

17 (b) OPERATIONS CENTER.—As part of the process under subsection (a), 

18 the Administrator shall maintain an operations center to provide support 

19 and facilitate the movement of severely injured or disabled members of the 

20 armed forces and severely injured or disabled veterans through passenger 

21 screening prior to boarding a passenger aircraft operated by an air carrier 

22 or foreign air carrier in air transportation or intrastate air transportation. 

23 (c) PROTOCOLS.—The Administrator shall— 

24 (1) establish and publish protocols, in consultation with the Sec25 retary of Defense, the Secretary of Veterans Affairs, and the organiza26 tions identified under subsection (a), under which a severely injured or 

27 disabled member of the armed forces or severely injured or disabled 

28 veteran, or the family member or other representative of the member 

29 or veteran, may contact the operations center maintained under sub30 section (b) and request the expedited passenger screening services de31 scribed in subsection (a) for that member or veteran; and 

32 (2) on receipt of a request under paragraph (1), require the oper33 ations center to notify the appropriate Federal Security Director of the 

34 request for expedited passenger screening services, as described in sub35 section (a), for that member or veteran. 

36 (d) TRAINING.—The Administrator shall integrate training on the proto37 cols established under subsection (c) into the training provided to all em38 ployees who will regularly provide the passenger screening services described 

39 in subsection (a). 

40 (e) RULE OF CONSTRUCTION.—Nothing in this section shall affect the 

41 authority of the Administrator to require additional screening of a severely 


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1 injured or disabled member of the armed forces, a severely injured or dis2 abled veteran, or their accompanying family members or nonmedical attend3 ants, if intelligence, law enforcement, or other information indicates that ad4 ditional screening is necessary. 

5 (f) REPORT.—The Administrator, not later than August 9 of each year, 

6 shall submit to Congress a report on the implementation of this section. 

7 Each report shall include each of the following: 

8 (1) Information on the training provided under subsection (d). 

9 (2) Information on the consultations between the Administrator and 

10 the organizations identified under subsection (a). 

11 (3) The number of people who accessed the operations center during 

12 the period covered by the report. 

13 (4) Other information the Administrator determines is appropriate. 

14 § 40937. Honor Flight program 

15 The Administrator shall establish, in collaboration with the Honor Flight 

16 Network or other not-for-profit organization that honors veterans, a process 

17 for providing expedited and dignified passenger screening services for vet18 erans traveling on an Honor Flight Network private charter, or another not19 for-profit organization that honors veterans, to visit war memorials built 

20 and dedicated to honor the service of those veterans. 

21 Subchapter III—Administration and 

22 Personnel 

23 § 40951. Federal Security Managers 

24 (a) ESTABLISHMENT, DESIGNATION, AND STATIONING.—The Adminis25 trator shall establish the position of Federal Security Manager at each air26 port in the United States described in section 40913(c) of this title. The 

27 Administrator shall designate individuals as Managers for, and station those 

28 Managers at, those airports. 

29 (b) DUTIES AND POWERS.—The Federal Security Manager at each air30 port shall— 

31 (1) oversee the screening of passengers and property at the airport; 

32 and 

33 (2) carry out other duties prescribed by the Administrator. 

34 § 40952. Foreign Security Liaison Officers 

35 (a) ESTABLISHMENT, DESIGNATION, AND STATIONING.—The Adminis36 trator shall establish the position of Foreign Security Liaison Officer for 

37 each airport outside the United States at which the Administrator decides 

38 an Officer is necessary for air transportation security. In coordination with 

39 the Secretary of State, the Administrator shall designate an Officer for each 

40 of those airports. In coordination with the Secretary of State, the Adminis41 trator shall designate an Officer for each of those airports where extraorVerDate Sep 11 2014 18:05 Jun 12, 2018 Jkt 079200 PO 00000 Frm 00622 Fmt 6652 Sfmt 6221 E:\BILLS\H6063.IH H6063

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1 dinary security measures are in place. The Secretary of State shall give high 

2 priority to stationing those Officers. 

3 (b) DUTIES AND POWERS.—Each Federal Security Liaison Officer re4 ports directly to the Administrator. The Officer at each airport shall— 

5 (1) serve as the liaison of the Administrator to foreign security au6 thorities (including governments of foreign countries and foreign air7 port authorities) in carrying out United States Government security re8 quirements at that airport; and 

9 (2) to the extent practicable, carry out duties and powers referred 

10 to in section 40951(b) of this title. 

11 (c) COORDINATION OF ACTIVITIES.—The activities of each Foreign Secu12 rity Liaison Officer shall be coordinated with the chief of the diplomatic 

13 mission of the United States to which the Officer is assigned. Activities of 

14 an Officer under this section shall be consistent with the duties and powers 

15 of the Secretary of State and the chief of mission to a foreign country under 

16 section 103 of the Omnibus Diplomatic Security and Antiterrorism Act of 

17 1986 (22 U.S.C. 4802) and section 207 of the Foreign Service Act of 1980 

18 (22 U.S.C. 3927). 

19 § 40953. Employment standards and training 

20 (a) EMPLOYMENT STANDARDS.—The Administrator shall prescribe stand21 ards for the employment and continued employment of, and contracting for, 

22 air carrier personnel and, as appropriate, airport security personnel. The 

23 standards shall include— 

24 (1) minimum training requirements for new employees; 

25 (2) retraining requirements; 

26 (3) minimum staffing levels; 

27 (4) minimum language skills; and 

28 (5) minimum education levels for employees, when appropriate. 

29 (b) REVIEW AND RECOMMENDATIONS.—In coordination with air carriers, 

30 airport operators, and other interested persons, the Administrator shall re31 view issues related to human performance in the aviation security system 

32 to maximize that performance. When the review is completed, the Adminis33 trator shall recommend guidelines and prescribe appropriate changes in ex34 isting procedures to improve that performance. 

35 (c) SECURITY PROGRAM TRAINING, STANDARDS, AND QUALIFICA36 TIONS.— 

37 (1) IN GENERAL.—The Administrator— 

38 (A) may train individuals employed to carry out a security pro39 gram under section 40913(c) of this title; and 

40 (B) shall prescribe uniform training standards and uniform 

41 minimum qualifications for individuals eligible for that training. 


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1 (2) REIMBURSEMENTS.—The Administrator may authorize reim2 bursement for travel, transportation, and subsistence expenses for secu3 rity training of non-United States Government domestic and foreign in4 dividuals whose services will contribute significantly to carrying out 

5 civil aviation security programs. To the extent practicable, air travel re6 imbursed under this paragraph shall be on air carriers. 

7 (d) EDUCATION AND TRAINING STANDARDS FOR SECURITY COORDINA8 TORS, SUPERVISORY PERSONNEL, AND PILOTS.— 

9 (1) IN GENERAL.—The Administrator shall prescribe standards for 

10 educating and training— 

11 (A) ground security coordinators; 

12 (B) security supervisory personnel; and 

13 (C) airline pilots as in-flight security coordinators. 

14 (2) ELEMENTS.—The standards shall include initial training, re15 training, and continuing education requirements and methods. The re16 quirements and methods shall be used annually to measure the per17 formance of ground security coordinators and security supervisory per18 sonnel. 

19 (e) SECURITY SCREENERS.— 

20 (1) TRAINING PROGRAM.—The Administrator shall establish a pro21 gram for the hiring and training of security screening personnel. 

22 (2) HIRING.— 

23 (A) QUALIFICATIONS.—The Administrator shall establish quali24 fication standards for individuals to be hired by the United States 

25 as security screening personnel. The standards shall require, at a 

26 minimum, an individual— 

27 (i) to have a satisfactory or better score on a Federal secu28 rity screening personnel selection examination; 

29 (ii) to be a citizen of the United States or a national of 

30 the United States, as defined in section 101(a) of the Immi31 gration and Nationality Act (8 U.S.C. 1101(a)); 

32 (iii) to meet, at a minimum, the requirements set forth in 

33 subsection (f); 

34 (iv) to meet other qualifications the Administrator may es35 tablish; and 

36 (v) to have the ability to demonstrate daily a fitness for 

37 duty without an impairment due to illegal drugs, sleep depri38 vation, medication, or alcohol. 

39 (B) BACKGROUND CHECKS.—The Administrator shall require 

40 that an individual to be hired as a security screener undergo an 


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1 employment investigation (including a criminal history record 

2 check) under section 40954(a)(1) of this title. 

3 (C) DISQUALIFICATION OF INDIVIDUALS WHO PRESENT NA4 TIONAL SECURITY RISKS.—The Administrator, in consultation 

5 with the heads of other appropriate Federal agencies, shall estab6 lish procedures, in addition to any background check conducted 

7 under section 40954, to ensure that an individual who presents a 

8 threat to national security is not employed as a security screener. 

9 (3) EXAMINATION.—The Administrator shall develop a security 

10 screening personnel examination for use in determining the qualifica11 tion of individuals seeking employment as security screening personnel. 

12 (4) REVIEW OF STANDARDS, RULES, AND REGULATIONS.—The Ad13 ministrator shall review, and revise as necessary, a standard, rule, or 

14 regulation governing the employment of individuals as security screen15 ing personnel. 

16 (f) EMPLOYMENT STANDARDS FOR SCREENING PERSONNEL.— 

17 (1) SCREENER REQUIREMENTS.—An individual may not be deployed 

18 as a security screener unless that individual meets the following re19 quirements: 

20 (A) EDUCATION OR EXPERIENCE.—The individual possesses a 

21 high school diploma, a general equivalency diploma, or experience 

22 that the Administrator has determined to be sufficient for the in23 dividual to perform the duties of the position. 

24 (B) BASIC APTITUDES AND PHYSICAL ABILITIES.—The indi25 vidual possesses basic aptitudes and physical abilities, including 

26 color perception, visual and aural acuity, physical coordination, 

27 and motor skills, to the following standards: 

28 (i) Screeners operating screening equipment are able to dis29 tinguish on the screening equipment monitor the appropriate 

30 imaging standard specified by the Administrator. 

31 (ii) Screeners operating screening equipment are able to 

32 distinguish each color displayed on every type of screening 

33 equipment and explain what each color signifies. 

34 (iii) Screeners are able to hear and respond to the spoken 

35 voice and to audible alarms generated by screening equipment 

36 in an active checkpoint environment. 

37 (iv) Screeners performing physical searches or other related 

38 operations are able to efficiently and thoroughly manipulate 

39 and handle the baggage, containers, and other objects subject 

40 to security processing. 


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1 (v) Screeners performing pat-downs or hand-held metal de2 tector searches of individuals have sufficient dexterity and ca3 pability to thoroughly conduct those procedures over an indi4 vidual’s entire body. 

5 (C) READ, WRITE, AND SPEAK ENGLISH.—The individual is able 

6 to read, speak, and write English well enough to— 

7 (i) carry out written and oral instructions regarding the 

8 proper performance of screening duties; 

9 (ii) read English language identification media, credentials, 

10 airline tickets, and labels on items normally encountered in 

11 the screening process; 

12 (iii) provide direction to and understand and answer ques13 tions from English-speaking individuals undergoing screening; 

14 and 

15 (iv) write incident reports and statements and log entries 

16 into security records in the English language. 

17 (D) TRAINING.—The individual has satisfactorily completed all 

18 initial, recurrent, and appropriate specialized training required by 

19 the security program, except as provided in paragraph (3). 

20 (2) VETERANS PREFERENCE.—The Administrator shall provide a 

21 preference for the hiring of an individual as a security screener if the 

22 individual is a member or former member of the armed forces and if 

23 the individual is entitled, under statute, to retired, retirement, or re24 tainer pay on account of service as a member of the armed forces. 

25 (3) EXCEPTIONS.—An individual who has not completed the training 

26 required by this section may be deployed during the on-the-job portion 

27 of training to perform functions if that individual— 

28 (A) is closely supervised; and 

29 (B) does not make independent judgments as to whether indi30 viduals or property may enter a sterile area or aircraft without 

31 further inspection. 

32 (4) REMEDIAL TRAINING.—No individual employed as a security 

33 screener may perform a screening function after that individual has 

34 failed an operational test related to that function until that individual 

35 has successfully completed the remedial training specified in the secu36 rity program. 

37 (5) ANNUAL PROFICIENCY REVIEW.—The Administrator shall pro38 vide that an annual evaluation of each individual assigned screening 

39 duties is conducted and documented. An individual employed as a secu40 rity screener may not continue to be employed in that capacity unless 

41 the evaluation demonstrates that the individual— 


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1 (A) continues to meet all qualifications and standards required 

2 to perform a screening function; 

3 (B) has a satisfactory record of performance and attention to 

4 duty based on the standards and requirements in the security pro5 gram; and 

6 (C) demonstrates the current knowledge and skills necessary to 

7 courteously, vigilantly, and effectively perform screening functions. 

8 (6) OPERATIONAL TESTING.—In addition to the annual proficiency 

9 review conducted under paragraph (5), the Administrator shall provide 

10 for the operational testing of personnel. 

11 (g) TRAINING.— 

12 (1) USE OF OTHER AGENCIES.—The Administrator may enter into 

13 a memorandum of understanding or other arrangement with another 

14 Federal agency or department with appropriate law enforcement re15 sponsibilities, to provide personnel, resources, or other forms of assist16 ance in the training of security screening personnel. 

17 (2) TRAINING PLAN.—The Administrator shall develop a plan for the 

18 training of security screening personnel. The plan shall require, at a 

19 minimum, that a security screener— 

20 (A) has completed 40 hours of classroom instruction or success21 fully completed a program that the Administrator determines will 

22 train individuals to a level of proficiency equivalent to the level 

23 that would be achieved by the classroom instruction; 

24 (B) has completed 60 hours of on-the-job instructions; and 

25 (C) has successfully completed an on-the-job training examina26 tion prescribed by the Administrator. 

27 (3) EQUIPMENT-SPECIFIC TRAINING.—An individual employed as a 

28 security screener may not use a security screening device or equipment 

29 in the scope of that individual’s employment unless the individual has 

30 been trained on that device or equipment and has successfully com31 pleted a test on the use of the device or equipment. 

32 (h) TECHNOLOGICAL TRAINING.— 

33 (1) DEFINITION OF DUAL-USE ITEM.—In this subsection, the term 

34 ‘‘dual-use item’’ means an item that may seem harmless but that may 

35 be used as a weapon. 

36 (2) IN GENERAL.—The Administrator shall require training to en37 sure that screeners are proficient in using the most up-to-date new 

38 technology and to ensure their proficiency in recognizing new threats 

39 and weapons. 


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1 (3) PERIODIC ASSESSMENTS.—The Administrator shall make peri2 odic assessments to determine if there are dual-use items and inform 

3 security screening personnel of the existence of the items. 

4 (4) CURRENT LISTS OF DUAL-USE ITEMS.—Current lists of dual-use 

5 items shall be part of the ongoing training for screeners. 

6 (i) LIMITATION ON RIGHT TO STRIKE.—An individual who screens pas7 sengers or property, or both, at an airport under this section may not par8 ticipate in a strike, or assert the right to strike, against the person (includ9 ing a governmental entity) employing the individual to perform the screen10 ing. 

11 (j) UNIFORMS.—The Administrator shall require an individual who 

12 screens passengers and property under section 40911 of this title to be at13 tired while on duty in a uniform approved by the Administrator. 

14 (k) ACCESSIBILITY OF COMPUTER-BASED TRAINING FACILITIES.—The 

15 Administrator shall work with air carriers and airports to ensure that com16 puter-based training facilities intended for use by security screeners at an 

17 airport regularly serving an air carrier holding a certificate issued by the 

18 Secretary of Transportation are conveniently located for that airport and 

19 easily accessible. 

20 (l) SCREENER PERSONNEL.— 

21 (1) IMPROVING JOB PERFORMANCE.—The Administrator shall take 

22 such actions as may be necessary to improve the job performance of 

23 airport screening personnel. 

24 (2) AUTHORITY OF ADMINISTRATOR.— 

25 (A) IN GENERAL.—Except as provided in subparagraph (B), the 

26 Administrator may employ, appoint, discipline, terminate, and fix 

27 the compensation, terms, and conditions of employment of Federal 

28 service for the number of individuals the Administrator determines 

29 to be necessary to carry out the screening functions of the Admin30 istrator under section 40911 of this title. The Administrator shall 

31 establish levels of compensation and other benefits for the individ32 uals employed. 

33 (B) UNIFORMED SERVICES EMPLOYMENT AND REEMPLOYMENT

34 RIGHTS.—In carrying out the functions authorized under subpara35 graph (A), the Administrator is subject to the provisions set forth 

36 in chapter 43 of title 38. 

37 § 40954. Employment investigations and restrictions 

38 (a) EMPLOYMENT INVESTIGATION REQUIREMENT.— 

39 (1) IN GENERAL.— 

40 (A) EMPLOYEE COVERAGE.—The Administrator shall require by 

41 regulation that an employment investigation, including a criminal 


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1 history record check and a review of available law enforcement 

2 data bases and records of other governmental and international 

3 agencies, to the extent determined practicable by the Adminis4 trator, shall be conducted of each individual employed in, or apply5 ing for, a position as a security screener under section 40953(e) 

6 of this title or a position in which the individual has unescorted 

7 access, or may permit other individuals to have unescorted access, 

8 to— 

9 (i) aircraft of an air carrier or foreign air carrier; or 

10 (ii) a secured area of an airport in the United States the 

11 Administrator designates that serves an air carrier or foreign 

12 air carrier. 

13 (B) FURTHER COVERAGE.—The Administrator shall require by 

14 regulation that an employment investigation (including a criminal 

15 history record check and a review of available law enforcement 

16 data bases and records of other governmental and international 

17 agencies, to the extent determined practicable by the Adminis18 trator) be conducted for— 

19 (i) individuals who are responsible for screening passengers 

20 or property under section 40911 of this title; 

21 (ii) supervisors of the individuals described in clause (i); 

22 (iii) individuals who regularly have escorted access to air23 craft of an air carrier or foreign air carrier or a secured area 

24 of an airport in the United States the Administrator des25 ignates that serves an air carrier or foreign air carrier; and 

26 (iv) other individuals who exercise security functions associ27 ated with baggage or cargo that the Administrator determines 

28 is necessary to ensure air transportation security. 

29 (C) EXEMPTION.—An employment investigation, including a 

30 criminal history record check, is not required under this subsection 

31 for an individual who is exempted under section 107.31(m)(1) or 

32 (2) of title 14, Code of Federal Regulations, as in effect on No33 vember 22, 2000. The Administrator shall work with the Inter34 national Civil Aviation Organization and with appropriate authori35 ties of foreign countries to ensure that individuals exempted under 

36 this subparagraph do not pose a threat to aviation or national se37 curity. 

38 (2) EMPLOYER ROLE.—An air carrier, foreign air carrier, airport op39 erator, or government that employs, or authorizes or makes a contract 

40 for the services of, an individual in a position described in paragraph 


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1 (1) shall ensure that the investigation the Administrator requires is 

2 conducted. 

3 (3) PERIODIC AUDITS.—The Administrator shall provide for the peri4 odic audit of the effectiveness of criminal history record checks con5 ducted under paragraph (1). 

6 (b) PROHIBITED EMPLOYMENT.— 

7 (1) IN GENERAL.—Except as provided in paragraph (3), an air car8 rier, foreign air carrier, airport operator, or government may not em9 ploy, or authorize or make a contract for the services of, an individual 

10 in a position described in subsection (a)(1) if— 

11 (A) the investigation of the individual required under this sec12 tion has not been conducted; or 

13 (B) the results of that investigation establish that, in the 10- 

14 year period ending on the date of the investigation, the individual 

15 was convicted (or found not guilty by reason of insanity) of— 

16 (i) a crime referred to in section 32 or 2744 or chapter 127 

17 of title 18 or section 46306, 46308, 46312, or 46315 of title 

18 49; 

19 (ii) murder; 

20 (iii) assault with intent to murder; 

21 (iv) espionage; 

22 (v) sedition; 

23 (vi) treason; 

24 (vii) rape; 

25 (viii) kidnapping; 

26 (ix) unlawful possession, sale, distribution, or manufacture 

27 of an explosive or weapon; 

28 (x) extortion; 

29 (xi) armed or felony unarmed robbery; 

30 (xii) distribution of, or intent to distribute, a controlled 

31 substance; 

32 (xiii) a felony involving a threat; 

33 (xiv) a felony involving— 

34 (I) willful destruction of property; 

35 (II) importation or manufacture of a controlled sub36 stance; 

37 (III) burglary; 

38 (IV) theft; 

39 (V) dishonesty, fraud, or misrepresentation; 

40 (VI) possession or distribution of stolen property; 

41 (VII) aggravated assault; 


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1 (VIII) bribery; and 

2 (IX) illegal possession of a controlled substance pun3 ishable by a maximum term of imprisonment of more 

4 than 1 year, or another crime classified as a felony that 

5 the Administrator determines indicates a propensity for 

6 placing contraband aboard an aircraft in return for 

7 money; or 

8 (xv) conspiracy to commit any of the acts referred to in 

9 clauses (i) through (xiv). 

10 (2) OTHER FACTORS.—The Administrator may specify other factors 

11 that are sufficient to prohibit the employment of an individual in a po12 sition described in subsection (a)(1). 

13 (3) ALTERNATE SECURITY ARRANGEMENTS.—An air carrier, foreign 

14 air carrier, airport operator, or government may employ, or authorize 

15 or contract for the services of, an individual in a position described in 

16 subsection (a)(1) without carrying out the investigation required under 

17 this section, if the Administrator approves a plan to employ the indi18 vidual that provides alternate security arrangements. 

19 (c) FINGERPRINTING AND RECORD CHECK INFORMATION.— 

20 (1) IN GENERAL.—If the Administrator requires an identification 

21 and criminal history record check, to be conducted by the Attorney 

22 General, as part of an investigation under this section, the Adminis23 trator shall designate an individual to obtain fingerprints and submit 

24 those fingerprints to the Attorney General. The Attorney General may 

25 make the results of a check available to an individual the Administrator 

26 designates. Before designating an individual to obtain and submit fin27 gerprints or receive results of a check, the Administrator shall consult 

28 with the Attorney General. All Federal agencies shall cooperate with 

29 the Administrator and the Administrator’s designee in the process of 

30 collecting and submitting fingerprints. 

31 (2) REGULATIONS.—The Administrator shall prescribe regulations 

32 on— 

33 (A) procedures for taking fingerprints; and 

34 (B) requirements for using information received from the Attor35 ney General under paragraph (1)— 

36 (i) to limit the dissemination of the information; and 

37 (ii) to ensure that the information is used only to carry out 

38 this section. 

39 (3) ACCESS TO INVESTIGATION.—If an identification and criminal 

40 history record check is conducted as part of an investigation of an indi41 vidual under this section, the individual— 


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1 (A) shall receive a copy of a record received from the Attorney 

2 General; and 

3 (B) may complete and correct the information contained in the 

4 check before a final employment decision is made based on the 

5 check. 

6 (d) FEES AND CHARGES.—The Administrator and the Attorney General 

7 shall establish reasonable fees and charges to pay expenses incurred in car8 rying out this section. The employer of the individual being investigated 

9 shall pay the costs of a record check of the individual. Money collected 

10 under this section shall be credited to the account in the Treasury from 

11 which the expenses were incurred and are available to the Administrator 

12 and the Attorney General for those expenses. 

13 (e) WHEN INVESTIGATION OR RECORD CHECK NOT REQUIRED.—This 

14 section does not require an investigation or record check when the investiga15 tion or record check is prohibited by a law of a foreign country. 

16 § 40955. Prohibition on transferring duties and powers 

17 Except as specifically provided by law, the Administrator may not trans18 fer a duty or power under section 40913(a), (b), (c), or (e), 40916, 

19 40922(a) through (c), 40953(a) through (k), 40954, or 40956(b)(2) of this 

20 title. 

21 § 40956. Reports 

22 (a) TRANSPORTATION SECURITY.—Not later than March 31 of each year, 

23 the Secretary shall submit to Congress a report on transportation security 

24 with recommendations the Secretary considers appropriate. The report shall 

25 be prepared in conjunction with the biennial report the Administrator sub26 mits under subsection (b) in each year the Administrator submits the bien27 nial report, but may not duplicate the information submitted under sub28 section (b) or section 40917(a)(3) of this title. The Secretary may submit 

29 the report in classified and unclassified parts. The report shall include— 

30 (1) an assessment of trends and developments in terrorist activities, 

31 methods, and other threats to transportation; 

32 (2) an evaluation of deployment of explosive detection devices; 

33 (3) recommendations for research, engineering, and development ac34 tivities related to transportation security, except research engineering 

35 and development activities related to aviation security to the extent 

36 those activities are covered by the national aviation research plan re37 quired under section 44501(c) of title 49; 

38 (4) identification and evaluation of cooperative efforts with other de39 partments, agencies, and instrumentalities of the United States Gov40 ernment; 


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1 (5) an evaluation of cooperation with foreign transportation and se2 curity authorities; 

3 (6) the status of the extent to which the recommendations of the 

4 President’s Commission on Aviation Security and Terrorism have been 

5 carried out and the reasons for delay in carrying out those rec6 ommendations; 

7 (7) an assessment of financial and staffing requirements, and attain8 ment of existing staffing goals, for carrying out duties and powers of 

9 the Administrator relating to security; and 

10 (8) appropriate legislative and regulatory recommendations. 

11 (b) SCREENING AND FOREIGN AIR CARRIER AND AIRPORT SECURITY.— 

12 The Administrator shall submit biennially to Congress a report on the effec13 tiveness of procedures under section 40911 of this title that includes— 

14 (1) a summary of the assessments conducted under section 

15 40917(a)(1) and (2) of this title; and 

16 (2) an assessment of the steps being taken, and the progress being 

17 made, in ensuring compliance with section 40916 of this title for each 

18 foreign air carrier security program at airports outside the United 

19 States— 

20 (A) at which the Administrator decides that Foreign Security 

21 Liaison Officers are necessary for air transportation security; and 

22 (B) for which extraordinary security measures are in place. 

23 § 40957. Training to operate certain aircraft 

24 (a) WAITING PERIOD.— 

25 (1) DEFINITION OF TRAINING.—In this subsection, the term ‘‘train26 ing’’— 

27 (A) means training received from an instructor in an aircraft 

28 or aircraft simulator; but 

29 (B) does not include recurrent training, ground training, or 

30 demonstration flights for marketing purposes. 

31 (2) REQUIREMENTS.—A person operating as a flight instructor, pilot 

32 school, or aviation training center or subject to regulation under part 

33 A of subtitle VII of title 49 may provide training in the operation of 

34 an aircraft having a maximum certificated takeoff weight of more than 

35 12,500 pounds to an alien (as defined in section 101(a) of the Immi36 gration and Nationality Act (8 U.S.C. 1101(a))) or to another indi37 vidual specified by the Secretary only if— 

38 (A) that person has first notified the Secretary that the alien 

39 or individual has requested training and submitted to the Sec40 retary, in the form the Secretary prescribes, the following informa41 tion about the alien or individual: 


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1 (i) Full name, including aliases used by the applicant or 

2 variations in spelling of the applicant’s name. 

3 (ii) Passport and visa information. 

4 (iii) Country of citizenship. 

5 (iv) Date of birth. 

6 (v) Dates of training. 

7 (vi) Fingerprints collected by, or under the supervision of, 

8 a Federal, State, or local law enforcement agency or by an9 other entity approved by the Federal Bureau of Investigation 

10 or the Secretary, including fingerprints taken by United 

11 States Government personnel at a United States embassy or 

12 consulate; and 

13 (B) the Secretary has not directed, within 30 days after being 

14 notified under subparagraph (A), that person not to provide the 

15 requested training because the Secretary has determined that the 

16 individual presents a risk to aviation or national security. 

17 (b) INTERRUPTION OF TRAINING.—If the Secretary, more than 30 days 

18 after receiving notification under subsection (a) from a person providing 

19 training described in subsection (a), determines that the individual presents 

20 a risk to aviation or national security, the Secretary shall immediately notify 

21 the person providing the training of the determination, and that person 

22 shall immediately terminate the training. 

23 (c) NOTIFICATION.—A person operating as a flight instructor, pilot 

24 school, or aviation training center or subject to regulation under part A of 

25 subtitle VII of title 49 may provide training in the operation of an aircraft 

26 having a maximum certificated takeoff weight of 12,500 pounds or less to 

27 an alien (as defined in section 101(a) of the Immigration and Nationality 

28 Act (8 U.S.C. 1101(a)) or to another individual specified by the Secretary 

29 only if that person has notified the Secretary that the individual has re30 quested the training and furnished the Secretary with that individual’s iden31 tification in the form the Secretary requires. 

32 (d) EXPEDITED PROCESSING.—The Secretary shall establish a process to 

33 ensure that the waiting period under subsection (a) shall not exceed 5 days 

34 for an alien (as defined in section 101(a) of the Immigration and Nation35 ality Act (8 U.S.C. 1101(a))) who— 

36 (1) holds an airman’s certification of a foreign country that is recog37 nized by an agency of the United States, including a military agency, 

38 that permits an individual to operate a multi-engine aircraft that has 

39 a certificated takeoff weight of more than 12,500 pounds; 

40 (2) is employed by a foreign air carrier that is certified under part 

41 129 of title 14, Code of Federal Regulations, and that has a security 


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1 program approved under part 1546 of title 49, Code of Federal Regula2 tions; 

3 (3) is an individual that has unescorted access to a secured area of 

4 an airport designated under section 40954(a)(1)(A)(ii) of this title; or 

5 (4) is an individual that is part of a class of individuals that the Sec6 retary has determined that providing aviation training to presents mini7 mal risk to aviation or national security because of the aviation train8 ing already possessed by the class of individuals. 

9 (e) NONAPPLICABILITY TO CERTAIN FOREIGN MILITARY PILOTS.—The 

10 procedures and processes required by subsections (a) through (d) do not 

11 apply to a foreign military pilot endorsed by the Department of Defense for 

12 flight training in the United States and seeking training described in sub13 section (a)(1) in the United States. 

14 (f) FEE.— 

15 (1) IN GENERAL.—The Secretary may assess a fee for an investiga16 tion under this section. The Secretary may adjust the maximum 

17 amount of the fee to reflect the costs of an investigation. 

18 (2) OFFSET.—Notwithstanding section 3302 of title 31, a fee col19 lected under this section— 

20 (A) shall be credited to the account in the Treasury from which 

21 the expenses were incurred and shall be available to the Secretary 

22 for those expenses; and 

23 (B) remains available until expended. 

24 (g) INTERAGENCY COOPERATION.—The Attorney General, the Director of 

25 National Intelligence, and the Administrator of the Federal Aviation Admin26 istration shall cooperate with the Secretary in implementing this section. 

27 (h) SECURITY AWARENESS TRAINING FOR EMPLOYEES.—The Secretary 

28 shall require flight schools to conduct a security awareness program for 

29 flight school employees to increase their awareness of suspicious cir30 cumstances and activities of individuals enrolling in or attending flight 

31 school. 

32 § 40958. Security service fee 

33 (a) GENERAL AUTHORITY.— 

34 (1) PASSENGER FEES.—The Administrator shall impose a uniform 

35 fee, on passengers of air carriers and foreign air carriers in air trans36 portation and intrastate air transportation originating at airports in 

37 the United States, to pay for the following costs of providing civil avia38 tion security services: 

39 (A) Salary, benefits, overtime, retirement and other costs of 

40 screening personnel, their supervisors and managers, Federal law 

41 enforcement personnel, and State and local law enforcement offiVerDate Sep 11 2014 18:05 Jun 12, 2018 Jkt 079200 PO 00000 Frm 00635 Fmt 6652 Sfmt 6221 E:\BILLS\H6063.IH H6063

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1 cers deputized under section 40931 of this title, who are deployed 

2 at airport security screening locations under section 40911 of this 

3 title. 

4 (B) The costs of training personnel described in subparagraph 

5 (A), and the acquisition, operation, and maintenance of equipment 

6 used by the personnel. 

7 (C) The costs of performing background investigations of per8 sonnel described in subparagraphs (A), (D), (F), and (G). 

9 (D) The costs of the Federal air marshals program. 

10 (E) The costs of performing civil aviation security research and 

11 development under this title. 

12 (F) The costs of Federal Security Managers under section 

13 40913 of this title. 

14 (G) The costs of deploying Federal law enforcement personnel 

15 under section 40913(h) of this title. 

16 (H) The costs of security-related capital improvements at air17 ports. 

18 (I) The costs of training pilots and flight attendants under sec19 tions 40928 and 40930 of this title. 

20 (2) DETERMINATION OF COSTS.—The amount of costs listed in para21 graph (1) shall be determined by the Administrator and are not subject 

22 to judicial review 

23 (b) SCHEDULE OF FEES.—In imposing fees under subsection (a), the Ad24 ministrator shall ensure that the fees are reasonably related to the Trans25 portation Security Administration’s costs of providing services rendered. 

26 (c) LIMITATION ON FEE.— 

27 (1) DEFINITION OF ROUND TRIP.—In this subsection, ‘‘round trip’’ 

28 means a trip on an air travel itinerary that terminates or has a stop29 over at the origin point (or co-terminal). 

30 (2) LIMITATION.—The fee imposed under subsection (a) is $5.60 per 

31 one-way trip in air transportation or intrastate air transportation that 

32 originates at an airport in the United States, except the fee imposed 

33 per round trip shall not exceed $11.20. 

34 (d) IMPOSITION OF FEE.— 

35 (1) IN GENERAL.—Notwithstanding section 9701 of title 31 and the 

36 procedural requirements of section 553 of title 5, the Administrator 

37 shall impose the fee under subsection (a) through the publication of no38 tice of the fee in the Federal Register and begin collection of the fee 

39 as soon as possible. 

40 (2) SPECIAL RULES FOR PASSENGER FEES.—A fee imposed under 

41 subsection (a) through the procedures under paragraph (1) shall apply 


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1 only to tickets sold after the date on which the fee is imposed. If a 

2 fee imposed under subsection (a) through the procedures under para3 graph (1) on transportation of a passenger of a carrier described in 

4 subsection (a) is not collected from the passenger, the amount of the 

5 fee shall be paid by the carrier. 

6 (3) SUBSEQUENT MODIFICATION OF FEE.—After imposing a fee 

7 under paragraph (1), the Administrator may modify, from time to time 

8 through publication of notice in the Federal Register, the imposition 

9 or collection of the fee, or both. 

10 (4) LIMITATION ON COLLECTION.—A fee may be collected under this 

11 section, other than subsection (i), only to the extent that the expendi12 ture of the fee to pay the costs of activities and services for which the 

13 fee is imposed is provided for in advance in an appropriations Act or 

14 in section 40932 of this title. 

15 (e) ADMINISTRATION OF FEES.— 

16 (1) FEES PAYABLE TO ADMINISTRATOR.—All fees imposed and 

17 amounts collected under this section are payable to the Administrator. 

18 (2) FEES COLLECTED BY AIR CARRIER.—A fee imposed under sub19 section (a)(1) shall be collected by the air carrier or foreign air carrier 

20 that sells a ticket for transportation described in subsection (a). 

21 (3) DUE DATE FOR REMITTANCE.—A fee collected under this section 

22 shall be remitted on the last day of each calendar month by the carrier 

23 collecting the fee. The amount to be remitted shall be for the calendar 

24 month preceding the calendar month in which the remittance is made. 

25 (4) INFORMATION.—The Administrator may require the provision of 

26 information the Administrator decides is necessary to verify that fees 

27 have been collected and remitted at the proper times and in the proper 

28 amounts. 

29 (5) FEE NOT SUBJECT TO TAX.—For purposes of section 4261 of 

30 the Internal Revenue Code of 1986 (26 U.S.C. 4261), a fee imposed 

31 under this section is not considered to be part of the amount paid for 

32 taxable transportation. 

33 (6) COST OF COLLECTING FEE.—No portion of the fee collected 

34 under this section may be retained by the air carrier or foreign air car35 rier for the costs of collecting, handling, or remitting the fee, except 

36 for interest accruing to the carrier after collection and before remit37 tance. 

38 (f) RECEIPTS CREDITED AS OFFSETTING COLLECTIONS.—Notwith39 standing section 3302 of title 31, a fee collected under this section— 

40 (1) shall be credited as offsetting collections to the account that fi41 nances the activities and services for which the fee is imposed; 


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1 (2) shall be available for expenditure only to pay the costs of activi2 ties and services for which the fee is imposed; and 

3 (3) remains available until expended. 

4 (g) REFUNDS.—The Administrator may refund a fee paid by mistake or 

5 an amount paid in excess of that required. 

6 (h) EXEMPTIONS.—The Administrator may exempt from the passenger 

7 fee imposed under subsection (a) a passenger enplaning at an airport in the 

8 United States that does not receive screening services under section 40911 

9 of this title for that segment of the trip for which the passenger does not 

10 receive screening. 

11 (i) DEPOSIT OF RECEIPTS.— 

12 (1) IN GENERAL.—Out of fees received in a fiscal year under sub13 section (a), after amounts are made available in the fiscal year under 

14 section 40932(h), the next funds derived from the fees in the fiscal 

15 year, in the amount specified for the fiscal year in paragraph (4), shall 

16 be credited as offsetting receipts and deposited in the general fund of 

17 the Treasury. 

18 (2) FEE LEVELS.—The Secretary shall impose the fee authorized by 

19 subsection (a) so as to collect in a fiscal year at least the amount speci20 fied in paragraph (4) for the fiscal year for making deposits under 

21 paragraph (1). 

22 (3) RELATIONSHIP TO OTHER PROVISIONS.—Subsections (b) and (f) 

23 do not apply to amounts to be used for making deposits under this sub24 section. 

25 (4) FISCAL YEAR AMOUNTS.—For purposes of paragraphs (1) and 

26 (2), the fiscal year amounts are as follows: 

27 (A) $1,280,000,000 for fiscal year 2017. 

28 (B) $1,320,000,000 for fiscal year 2018. 

29 (C) $1,360,000,000 for fiscal year 2019. 

30 (D) $1,400,000,000 for fiscal year 2020. 

31 (E) $1,440,000,000 for fiscal year 2021. 

32 (F) $1,480,000,000 for fiscal year 2022. 

33 (G) $1,520,000,000 for fiscal year 2023. 

34 (H) $1,560,000,000 for fiscal year 2024. 

35 (I) $1,600,000,000 for fiscal year 2025. 

36 § 40959. Immunity for reporting suspicious activities 

37 (a) IN GENERAL.—An air carrier or foreign air carrier or an employee 

38 of an air carrier or foreign air carrier who makes a voluntary disclosure of 

39 a suspicious transaction relevant to a possible violation of law or regulation, 

40 relating to air piracy, a threat to aircraft or passenger safety, or terrorism, 

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1 partment, the Department of Justice, a Federal, State, or local law enforce2 ment officer, or an airport or airline security officer shall not be civilly liable 

3 to any person under a law or regulation of the United States, or a constitu4 tion, law, or regulation of a State or political subdivision of a State, for the 

5 disclosure. 

6 (b) APPLICATION.—Subsection (a) does not apply to— 

7 (1) a disclosure made with actual knowledge that the disclosure was 

8 false, inaccurate, or misleading; or 

9 (2) a disclosure made with reckless disregard as to the truth or fal10 sity of that disclosure. 

11 § 40960. Performance goals and objectives 

12 (a) LONG-TERM RESULTS-BASED MANAGEMENT.—Each year, consistent 

13 with the requirements of the Government Performance and Results Act of 

14 1993 (in this section referred to as ‘‘GPRA’’) (Public Law 103–62, 107 

15 Stat. 285), the Secretary and the Administrator shall agree on a perform16 ance plan for the succeeding 5 years that establishes measurable goals and 

17 objectives for aviation security. The plan shall identify action steps nec18 essary to achieve the goals. 

19 (b) CLARIFICATION OF RESPONSIBILITIES.—In addition to meeting the 

20 requirements of GPRA, the performance plan should clarify the responsibil21 ities of the Secretary, the Administrator, and any other agency or organiza22 tion that may have a role in ensuring the safety and security of the civil 

23 air transportation system. 

24 (c) ANNUAL PERFORMANCE REPORT.—Each year, consistent with the re25 quirements of GPRA, the Administrator shall prepare and submit to Con26 gress an annual report, including an evaluation of the extent to which goals 

27 and objectives were met. The report shall include the results achieved during 

28 the year relative to the goals established in the performance plan. 

29 § 40961. Aviation Security Advisory Committee 

30 (a) DEFINITIONS.—In this section: 

31 (1) ADVISORY COMMITTEE.—The term ‘‘Advisory Committee’’ means 

32 the aviation security advisory committee established under subsection 

33 (b). 

34 (2) PERIMETER SECURITY.—The term ‘‘perimeter security’’— 

35 (A) means procedures or systems to monitor, secure, and pre36 vent unauthorized access to an airport, including its airfield and 

37 terminal; and 

38 (B) includes the fence area surrounding an airport, access 

39 gates, and access controls. 

40 (b) ESTABLISHMENT.—The Administrator shall establish in the Trans41 portation Security Administration an aviation security advisory committee. 


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1 (c) DUTIES.— 

2 (1) IN GENERAL.—The Administrator shall consult the Advisory 

3 Committee, as appropriate, on aviation security matters, including on 

4 the development, refinement, and implementation of policies, programs, 

5 rulemaking, and security directives pertaining to aviation security, 

6 while adhering to sensitive security guidelines. 

7 (2) RECOMMENDATIONS.— 

8 (A) IN GENERAL.—At the request of the Administrator, the Ad9 visory Committee shall develop recommendations for improvements 

10 to aviation security. 

11 (B) RECOMMENDATIONS OF SUBCOMMITTEES.—Recommenda12 tions agreed on by the subcommittees established under this sec13 tion shall be approved by the Advisory Committee before trans14 mission to the Administrator. 

15 (3) PERIODIC REPORTS.—The Advisory Committee shall periodically 

16 submit to the Administrator— 

17 (A) reports on matters identified by the Administrator; and 

18 (B) reports on other matters identified by a majority of the 

19 members of the Advisory Committee. 

20 (4) ANNUAL REPORT.—The Advisory Committee shall submit to the 

21 Administrator an annual report providing information on the activities, 

22 findings, and recommendations of the Advisory Committee, including 

23 its subcommittees, for the preceding year. Not later than 6 months 

24 after the date that the Administrator receives the annual report, the 

25 Administrator shall publish a public version describing the Advisory 

26 Committee’s activities and such related matters as would be inform27 ative to the public consistent with the policy of section 552(b) of title 

28 5. 

29 (5) FEEDBACK.—Not later than 90 days after receiving rec30 ommendations transmitted by the Advisory Committee under para31 graph (4), the Administrator shall respond in writing to the Advisory 

32 Committee with feedback on each of the recommendations, an action 

33 plan to implement any of the recommendations with which the Admin34 istrator concurs, and a justification for why any of the recommenda35 tions have been rejected. 

36 (6) CONGRESSIONAL NOTIFICATION.—Not later than 30 days after 

37 providing written feedback to the Advisory Committee under paragraph 

38 (5), the Administrator shall notify the Committee on Commerce, 

39 Science, and Transportation of the Senate and the Committee on 

40 Homeland Security of the House of Representatives on the feedback, 

41 and provide a briefing on request. 


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1 (7) REPORT TO CONGRESS.—Prior to briefing the Committee on 

2 Commerce, Science, and Transportation of the Senate and the Com3 mittee on Homeland Security of the House of Representatives under 

4 paragraph (6), the Administrator shall submit to the committees a re5 port containing information relating to the recommendations trans6 mitted by the Advisory Committee in accordance with paragraph (4). 

7 (d) MEMBERSHIP.— 

8 (1) IN GENERAL.— 

9 (A) APPOINTMENT.—The Administrator shall appoint the mem10 bers of the Advisory Committee. 

11 (B) COMPOSITION.—The Advisory Committee consists of indi12 viduals representing not more than 34 member organizations. 

13 Each organization shall be represented by 1 individual (or the in14 dividual’s designee). 

15 (C) REPRESENTATION.—The membership of the Advisory Com16 mittee shall include representatives of— 

17 (i) air carriers; 

18 (ii) all-cargo air transportation; 

19 (iii) indirect air carriers; 

20 (iv) labor organizations representing air carrier employees; 

21 (v) labor organizations representing transportation security 

22 officers; 

23 (vi) aircraft manufacturers; 

24 (vii) airport operators; 

25 (viii) airport construction and maintenance contractors; 

26 (ix) labor organizations representing employees of airport 

27 construction and maintenance contractors; 

28 (x) general aviation; 

29 (xi) privacy organizations; 

30 (xii) the travel industry; 

31 (xiii) airport-based businesses (including minority-owned 

32 small businesses); 

33 (xiv) businesses that conduct security screening operations 

34 at airports; 

35 (xv) aeronautical repair stations; 

36 (xvi) passenger advocacy groups; 

37 (xvii) the aviation security technology industry (including 

38 screening technology and biometrics); 

39 (xviii) victims of terrorist acts against aviation; and 

40 (xix) law enforcement and security experts. 

41 (2) TERM OF OFFICE.— 


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1 (A) IN GENERAL.—The term of each member of the Advisory 

2 Committee shall be 2 years. 

3 (B) REAPPOINTMENT.—A member of the Advisory Committee 

4 may be reappointed. 

5 (C) REMOVAL.—The Administrator may review the participation 

6 of a member of the Advisory Committee and remove the member 

7 for cause at any time. 

8 (3) PROHIBITION ON COMPENSATION.—The members of the Advisory 

9 Committee shall not receive pay, allowances, or benefits from the Gov10 ernment by reason of their service on the Advisory Committee. 

11 (4) MEETINGS.— 

12 (A) IN GENERAL.—The Administrator shall require the Advi13 sory Committee to meet at least semiannually and may convene 

14 additional meetings as necessary. 

15 (B) PUBLIC MEETINGS.—At least 1 of the meetings described 

16 in subparagraph (A) shall be open to the public. 

17 (C) ATTENDANCE.—The Advisory Committee shall maintain a 

18 record of the individuals present at each meeting. 

19 (5) MEMBER ACCESS TO SENSITIVE SECURITY INFORMATION.—Not 

20 later than 60 days after the date of a member’s appointment, the Ad21 ministrator shall determine if there is cause for the member to be re22 stricted from possessing sensitive security information. Without that 

23 cause, and on the member voluntarily signing a non-disclosure agree24 ment, the member may be granted access to sensitive security informa25 tion that is relevant to the member’s advisory duties. The member shall 

26 protect the sensitive security information in accordance with part 1520 

27 of title 49, Code of Federal Regulations. 

28 (6) CHAIR.—A stakeholder representative on the Advisory Com29 mittee who is elected by the appointed membership of the Advisory 

30 Committee shall chair the Advisory Committee. 

31 (e) SUBCOMMITTEES.— 

32 (1) MEMBERSHIP.—The Advisory Committee chairperson, in coordi33 nation with the Administrator, may establish in the Advisory Com34 mittee any subcommittee that the Administrator and Advisory Com35 mittee determine to be necessary. The Administrator and the Advisory 

36 Committee shall create subcommittees to address aviation security 

37 issues, including the following: 

38 (A) The implementation of the air cargo security programs es39 tablished by the Transportation Security Administration to screen 

40 air cargo on passenger aircraft and all-cargo aircraft in accordance 

41 with established cargo screening mandates. 


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1 (B) General aviation facilities, general aviation aircraft, and hel2 icopter operations at general aviation and commercial service air3 ports. 

4 (C) Recommendations on airport perimeter security, exit lane 

5 security, and technology at commercial service airports, and access 

6 control issues. 

7 (D) Security technology standards and requirements, including 

8 their harmonization internationally, technology to screen pas9 sengers, passenger baggage, carry-on baggage, and cargo, and bio10 metric technology. 

11 (2) CONSIDERATION OF RISK-BASED SECURITY.—All subcommittees 

12 established by the Advisory Committee chairperson in coordination with 

13 the Administrator shall consider risk-based security approaches in the 

14 performance of their functions that weigh the optimum balance of costs 

15 and benefits in transportation security, including for passenger screen16 ing, baggage screening, air cargo security policies, and general aviation 

17 security matters. 

18 (3) MEETINGS AND REPORTING.—Each subcommittee shall meet at 

19 least quarterly and submit to the Advisory Committee for inclusion in 

20 the annual report required under subsection (c)(4) information, includ21 ing recommendations, regarding issues in the subcommittee. 

22 (4) CO-CHAIRS.—Each subcommittee shall be co-chaired by a Gov23 ernment official and an industry official. 

24 (5) SUBJECT MATTER EXPERTS.—Each subcommittee shall include 

25 subject matter experts with relevant expertise who are appointed by the 

26 respective subcommittee co-chairs. 

27 (f) NONAPPLICABILITY OF FACA.—The Federal Advisory Committee Act 

28 (5 U.S.C. App.) shall not apply to the Advisory Committee and its sub29 committees. 

30 SEC. 4. CONFORMING AMENDMENTS. 

31 (a) TITLE 5, UNITED STATES CODE.—Section 8331(3)(E)(ii) of title 5, 

32 United States Code, is amended by striking ‘‘Department of Transpor33 tation’’ and inserting ‘‘Department of Homeland Security’’. 

34 (b) TITLE 6, UNITED STATES CODE.—Chapter 409 of title 6, United 

35 States Code, as enacted by section 3, is amended as follows: 

36 (1) Insert after section 40922(c)(4) the following: 

37 ‘‘(d) SECURITY AND RESEARCH AND DEVELOPMENT ACTIVITIES.— 

38 ‘‘(1) GENERAL REQUIREMENTS.—The Administrator shall conduct 

39 research (including behavioral research) and development activities ap40 propriate to develop, modify, test, and evaluate a system, procedure, faVerDate Sep 11 2014 18:05 Jun 12, 2018 Jkt 079200 PO 00000 Frm 00643 Fmt 6652 Sfmt 6221 E:\BILLS\H6063.IH H6063

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1 cility, or device to protect passengers and property against acts of 

2 criminal violence, aircraft piracy, and terrorism, and to ensure security. 

3 ‘‘(2) TRANSFERS OF DUTIES AND POWERS PROHIBITED.—Except as 

4 otherwise provided by law, the Administrator may not transfer a duty 

5 or power under this subsection to another department, agency, or in6 strumentality of the United States Government.’’. 

7 (2) Insert after section 40961 the following: 

8 ‘‘§ 40962. General authority; indemnification 

9 ‘‘(a) GENERAL AUTHORITY.—The Administrator may take action the Ad10 ministrator considers necessary to carry out this chapter, including con11 ducting investigations, prescribing regulations, standards, and procedures, 

12 and issuing orders. 

13 ‘‘(b) INDEMNIFICATION.—The Administrator may indemnify an officer or 

14 employee of the Transportation Security Administration against a claim or 

15 judgment arising out of an act under this chapter that the Administrator 

16 decides was committed within the scope of the official duties of the officer 

17 or employee. 

18 ‘‘§ 40963. Withholding information 

19 ‘‘(a) OBJECTIONS TO DISCLOSURE.— 

20 ‘‘(1) IN GENERAL.—A person may object to the public disclosure of 

21 information— 

22 ‘‘(A) in a record filed under this chapter; or 

23 ‘‘(B) obtained under this chapter by the Secretary. 

24 ‘‘(2) FORM OF OBJECTION; ACTION BY SECRETARY.—An objection 

25 must be in writing and must state the reasons for the objection. The 

26 Secretary shall order the information withheld from public disclosure 

27 when the Secretary decides that disclosure of the information would— 

28 ‘‘(A) prejudice the United States Government in preparing and 

29 presenting its position in international negotiations; or 

30 ‘‘(B) have an adverse effect on the competitive position of an 

31 air carrier in foreign air transportation. 

32 ‘‘(b) WITHHOLDING INFORMATION FROM CONGRESS.—This section does 

33 not authorize information to be withheld from a committee of Congress au34 thorized to have the information.’’. 

35 (3) In the analysis for chapter 409, insert after the item relating to 

36 40961 the following: 

‘‘40962. General authority; indemnification. 

‘‘40963. Withholding information.’’. 

37 (4) Insert after section 40963, as added by paragraph (2), the fol38 lowing: 


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1 ‘‘Subchapter IV—Investigations and 

2 Proceedings 

3 ‘‘§ 40981. Complaints and investigations 

4 ‘‘(a) IN GENERAL.— 

5 ‘‘(1) FILING COMPLAINT.—A person may file a complaint in writing 

6 with the Administrator about a person violating this chapter or a re7 quirement prescribed under this chapter. Except as provided in sub8 section (b), the Administrator shall investigate the complaint if a rea9 sonable ground appears to the Administrator for the investigation. 

10 ‘‘(2) CONDUCTING INVESTIGATION.—On the initiative of the Admin11 istrator, the Administrator may conduct an investigation, if a reason12 able ground appears to the Administrator for the investigation, about— 

13 ‘‘(A) a person violating this chapter or a requirement prescribed 

14 under this chapter; or 

15 ‘‘(B) any question that may arise under this chapter. 

16 ‘‘(3) DISMISSAL OF COMPLAINT.—The Administrator may dismiss a 

17 complaint without a hearing when the Administrator is of the opinion 

18 that the complaint does not state facts that warrant an investigation 

19 or action. 

20 ‘‘(4) HEARINGS AND ORDERS.—After notice and an opportunity for 

21 a hearing and subject to section 40105(b) of title 49, the Administrator 

22 shall issue an order to compel compliance with this chapter if the Ad23 ministrator finds in an investigation under this subsection that a per24 son is violating this chapter. 

25 ‘‘(b) COMPLAINTS AGAINST MEMBERS OF ARMED FORCES.—The Admin26 istrator shall refer a complaint against a member of the armed forces of 

27 the United States performing official duties to the Secretary of the depart28 ment concerned for action. Not later than 90 days after receiving the com29 plaint, the Secretary of that department shall inform the Administrator of 

30 the action taken on the complaint, including any corrective or disciplinary 

31 action taken. 

32 ‘‘§ 40982. Proceedings 

33 ‘‘(a) CONDUCTING PROCEEDINGS.—Subject to subchapter II of chapter 5 

34 of title 5, the Administrator may conduct proceedings in a way conducive 

35 to justice and the proper dispatch of business. 

36 ‘‘(b) APPEARANCE.—A person may appear and be heard before the Ad37 ministrator in person or by an attorney. 

38 ‘‘(c) RECORDING AND PUBLIC ACCESS.—Official action taken by the Ad39 ministrator under this chapter shall be recorded. Proceedings before the Ad40 ministrator shall be open to the public on the request of an interested party 


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1 unless the Administrator decides that secrecy is required because of national 

2 defense. 

3 ‘‘(d) CONFLICTS OF INTEREST.—The Administrator or an officer or em4 ployee of the Transportation Security Administration may not participate in 

5 a proceeding referred to in subsection (a) of this section in which the indi6 vidual has a pecuniary interest. 

7 ‘‘§ 40983. Service of notice, process, and actions 

8 ‘‘(a) DESIGNATING AGENTS.— 

9 ‘‘(1) IN GENERAL.—Each air carrier and foreign air carrier shall 

10 designate an agent on whom service of notice and process in a pro11 ceeding before, and an action of, the Administrator, may be made. 

12 ‘‘(2) FORM OF DESIGNATION; CHANGES.—The designation— 

13 ‘‘(A) shall be in writing and filed with the Administrator; and 

14 ‘‘(B) may be changed in the same way as originally made. 

15 ‘‘(b) SERVICE.— 

16 ‘‘(1) METHOD OF SERVICE.—Service may be made— 

17 ‘‘(A) by personal service; 

18 ‘‘(B) on a designated agent; or 

19 ‘‘(C) by certified or registered mail to the person to be served 

20 or the designated agent of the person. 

21 ‘‘(2) DATE OF SERVICE.—The date of service made by certified or 

22 registered mail is the date of mailing. 

23 ‘‘(c) SERVING AGENTS.—Service on an agent designated under this sec24 tion shall be made at the office or usual place of residence of the agent. 

25 If an air carrier or foreign air carrier does not have a designated agent, 

26 service may be made by posting the notice, process, or action in the office 

27 of the Administrator. 

28 ‘‘§ 40984. Evidence 

29 ‘‘(a) IN GENERAL.—In conducting a hearing or investigation under this 

30 chapter, the Administrator may— 

31 ‘‘(1) subpena witnesses and records related to a matter involved in 

32 the hearing or investigation from any place in the United States to the 

33 designated place of the hearing or investigation; 

34 ‘‘(2) administer oaths; 

35 ‘‘(3) examine witnesses; and 

36 ‘‘(4) receive evidence at a place in the United States the Adminis37 trator designates. 

38 ‘‘(b) COMPLIANCE WITH SUBPENAS.—If a person disobeys a subpena, the 

39 Administrator or a party to a proceeding before the Administrator may peti40 tion a court of the United States to enforce the subpena. A judicial pro41 ceeding to enforce a subpena under this section may be brought in the jurisVerDate Sep 11 2014 18:05 Jun 12, 2018 Jkt 079200 PO 00000 Frm 00646 Fmt 6652 Sfmt 6221 E:\BILLS\H6063.IH H6063

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1 diction in which the proceeding or investigation is conducted. The court may 

2 punish a failure to obey an order of the court to comply with the subpena 

3 as a contempt of court. 

4 ‘‘(c) DEPOSITIONS.— 

5 ‘‘(1) IN GENERAL.—In a proceeding or investigation, the Adminis6 trator may order a person to give testimony by deposition and to 

7 produce records. If a person fails to be deposed or to produce records, 

8 the order may be enforced in the same way a subpena may be enforced 

9 under subsection (b) of this section. 

10 ‘‘(2) TAKING OF DEPOSITION.—A deposition may be taken before an 

11 individual designated by the Administrator and having the power to ad12 minister oaths. 

13 ‘‘(3) NOTICE REQUIREMENTS.—Before taking a deposition, the party 

14 or the attorney of the party proposing to take the deposition must give 

15 reasonable notice in writing to the opposing party or the attorney of 

16 record of that party. The notice shall state the name of the witness 

17 and the time and place of taking the deposition. 

18 ‘‘(4) DEPOSITION PROCESS.—The testimony of a person deposed 

19 under this subsection shall be under oath. The person taking the depo20 sition shall prepare, or cause to be prepared, a transcript of the testi21 mony taken. The transcript shall be subscribed by the deponent. Each 

22 deposition shall be filed promptly with the Administrator. 

23 ‘‘(5) DEPOSITIONS ABROAD.—If the laws of a foreign country allow, 

24 the testimony of a witness in that country may be taken by deposi25 tion— 

26 ‘‘(A) by a consular officer or an individual commissioned by the 

27 Administrator or agreed on by the parties by written stipulation 

28 filed with the Administrator; or 

29 ‘‘(B) under letters rogatory issued by a court of competent ju30 risdiction at the request of the Administrator. 

31 ‘‘(d) WITNESS FEES AND MILEAGE AND CERTAIN FOREIGN COUNTRY

32 EXPENSES.—A witness summoned before the Administrator or whose depo33 sition is taken under this section and the individual taking the deposition 

34 are each entitled to the same fee and mileage that the witness and indi35 vidual would have been paid for those services in a court of the United 

36 States. Under regulations of the Administrator, the Administrator shall pay 

37 the necessary expenses incident to executing, in another country, a commis38 sion or letter rogatory issued at the initiative of the Administrator. 

39 ‘‘(e) DESIGNATING EMPLOYEES TO CONDUCT HEARINGS.—When des40 ignated by the Administrator, an employee appointed under section 3105 of 

41 title 5 may conduct a hearing, subpena witnesses, administer oaths, examine 


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1 witnesses, and receive evidence at a place in the United States the Adminis2 trator designates. On request of a party, the Administrator shall hear or 

3 receive argument. 

4 ‘‘§ 40985. Regulations and orders 

5 ‘‘(a) EFFECTIVENESS OF ORDERS.—Except as provided in this chapter, 

6 a regulation prescribed or order issued by the Administrator takes effect 

7 within a reasonable time prescribed by the Administrator. The regulation or 

8 order remains in effect under its own terms or until superseded. Except as 

9 provided in this chapter, the Administrator may amend, modify, or suspend 

10 an order in the way, and by giving the notice, that the Administrator de11 cides. 

12 ‘‘(b) CONTENTS AND SERVICE OF ORDERS.—An order of the Adminis13 trator shall include the findings of fact on which the order is based and 

14 shall be served on the parties to the proceeding and the persons affected 

15 by the order. 

16 ‘‘§ 40986. Enforcement by the Department 

17 ‘‘The Administrator may bring a civil action against a person in a district 

18 court of the United States to enforce this chapter or a requirement or regu19 lation prescribed or order issued under this chapter. The action may be 

20 brought in the judicial district in which the person does business or the vio21 lation occurred. 

22 ‘‘§ 40987. Enforcement by Attorney General 

23 ‘‘(a) IN GENERAL.—On request of the Administrator, the Attorney Gen24 eral may bring a civil action in an appropriate court— 

25 ‘‘(1) to enforce this chapter or a requirement or regulation pre26 scribed or order issued under this chapter; and 

27 ‘‘(2) to prosecute a person violating this chapter or a requirement 

28 or regulation prescribed or order issued under this chapter. 

29 ‘‘(b) COSTS AND EXPENSES PAID OUT OF APPROPRIATIONS FOR COURT

30 EXPENSES.—The costs and expenses of a civil action under this chapter 

31 shall be paid out of the appropriations for the expenses of the courts of the 

32 United States. 

33 ‘‘(c) PARTICIPATION OF ADMINISTRATOR.—On request of the Attorney 

34 General, the Administrator may participate in a civil action under this chap35 ter. 

36 ‘‘§ 40988. Joinder and intervention 

37 ‘‘A person interested in or affected by a matter under consideration in 

38 a proceeding before the Administrator, a civil action to enforce this chapter, 

39 or a requirement or regulation prescribed or order issued under this chapter 

40 may be joined as a party or permitted to intervene in the proceeding or civil 

41 action. 


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1 ‘‘§ 40989. Judicial review 

2 ‘‘(a) FILING AND VENUE.—A person disclosing a substantial interest in 

3 an order issued by the Administrator, in whole or in part under this chapter 

4 or sections 11307 or 11314 of this title, may apply for review of the order 

5 by filing a petition for review in the United States Court of Appeals for the 

6 District of Columbia Circuit or in the court of appeals of the United States 

7 for the circuit in which the person resides or has its principal place of busi8 ness. The petition must be filed not later than 60 days after the order is 

9 issued. The court may allow the petition to be filed after the 60th day only 

10 if there are reasonable grounds for not filing by the 60th day. 

11 ‘‘(b) JUDICIAL PROCEDURES.—When a petition is filed under subsection 

12 (a), the clerk of the court immediately shall send a copy of the petition to 

13 the Administrator. The Administrator shall file with the court a record of 

14 any proceeding in which the order was issued, as provided in section 2112 

15 of title 28. 

16 ‘‘(c) AUTHORITY OF COURT.—When the petition is sent to the Adminis17 trator, the court has exclusive jurisdiction to affirm, amend, modify, or set 

18 aside any part of the order and may order the Administrator to conduct 

19 further proceedings. After reasonable notice to the Administrator, the court 

20 may grant interim relief by staying the order or taking other appropriate 

21 action when good cause for its action exists. Findings of fact by the Admin22 istrator, if supported by substantial evidence, are conclusive. 

23 ‘‘(d) REQUIREMENT FOR PRIOR OBJECTION.—In reviewing an order 

24 under this section, the court may consider an objection to an order of the 

25 Administrator only if the objection was made in the proceeding conducted 

26 by the Administrator or if there was a reasonable ground for not making 

27 the objection in the proceeding. 

28 ‘‘(e) SUPREME COURT REVIEW.—A decision by a court under this section 

29 may be reviewed only by the Supreme Court under section 1254 of title 

30 28.’’. 

31 (5) In the analysis for chapter 409, as amended by paragraph (3), 

32 insert after the item relating to 40963 the following: 

‘‘Subchapter IV—Investigations and Proceedings 

‘‘40981. Complaints and investigations. 

‘‘40982. Proceedings. 

‘‘40983. Service of notice, process, and actions. 

‘‘40984. Evidence. 

‘‘40985. Regulations and orders. 

‘‘40986. Enforcement by the Department. 

‘‘40987. Enforcement by Attorney General. 

‘‘40988. Joinder and intervention. 

‘‘40989. Judicial review.’’. 

33 (c) TITLE 18, UNITED STATES CODE.— 

34 (1) IN GENERAL.—Title 18, United States Code is amended by add35 ing at the end of part I the following: 


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1 ‘‘CHAPTER 125—AIR TRANSPORTATION SECURITY 

‘‘Sec. 

‘‘2741. Reporting and recordkeeping violations. 

‘‘2742. Unlawful disclosure of information. 

‘‘2743. Refusing to appear or produce records. 

‘‘2744. Entering aircraft or airport area in violation of security requirements. 

‘‘2745. General criminal penalty when specific penalty not provided. 

2 ‘‘§ 2741. Reporting and recordkeeping violations 

3 ‘‘An air carrier or an officer, agent, or employee of an air carrier shall 

4 be fined under this title for intentionally— 

5 ‘‘(1) failing to make a report or keep a record under chapter 409 

6 of title 6; 

7 ‘‘(2) falsifying, mutilating, or altering a report or record under chap8 ter 409 of title 6; or 

9 ‘‘(3) filing a false report or record under chapter 409 of title 6. 

10 ‘‘§ 2742. Unlawful disclosure of information 

11 ‘‘(a) CRIMINAL PENALTY.—The Administrator of the Transportation Se12 curity Administration, or an officer or employee of the Administration, shall 

13 be fined under this title, imprisoned for not more than 2 years, or both, 

14 if the Administrator, officer, or employee knowingly and willfully discloses 

15 information that— 

16 ‘‘(1) the Administrator, officer, or employee acquires when inspecting 

17 the records of an air carrier; or 

18 ‘‘(2) is withheld from public disclosure under section 40963 of title 

19 6. 

20 ‘‘(b) NONAPPLICATION.—Subsection (a) does not apply if— 

21 ‘‘(1) the officer or employee is directed by the Administrator to dis22 close information that the Administrator had ordered withheld; or 

23 ‘‘(2) the Administrator, officer, or employee is directed by a court 

24 of competent jurisdiction to disclose the information. 

25 ‘‘(c) WITHHOLDING INFORMATION FROM CONGRESS.—This section does 

26 not authorize the Administrator to withhold information from a committee 

27 of Congress authorized to have the information. 

28 ‘‘§ 2743. Refusing to appear or produce records 

29 ‘‘A person not obeying a subpena or requirement of the Administrator of 

30 the Transportation Security Administration to appear and testify or produce 

31 records shall be fined under this title, imprisoned for not more than 1 year, 

32 or both. 

33 ‘‘§ 2744. Entering aircraft or airport area in violation of se34 curity requirements 

35 ‘‘(a) PROHIBITION.—A person may not knowingly and willfully enter, in 

36 violation of security requirements prescribed under section 40911, 40913(b) 


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1 or (c), or 40916 of title 6, an aircraft or an airport area that serves an 

2 air carrier or foreign air carrier. 

3 ‘‘(b) CRIMINAL PENALTY.— 

4 ‘‘(1) IN GENERAL.—A person violating subsection (a) shall be fined 

5 under this title, imprisoned for not more than 1 year, or both. 

6 ‘‘(2) INCREASED PENALTY.—A person violating subsection (a) with 

7 intent to evade security procedures or restrictions or with intent to 

8 commit, in the aircraft or airport area, a felony under a law of the 

9 United States or a State shall be fined under this title, imprisoned for 

10 not more than 10 years, or both. 

11 ‘‘(c) NOTICE OF PENALTIES.— 

12 ‘‘(1) SIGNS.—Each operator of an airport in the United States that 

13 is required to establish an air transportation security program under 

14 section 40913(c) of title 6 shall ensure that signs that meet require15 ments the Secretary of Homeland Security may prescribe for providing 

16 notice of the penalties imposed under subsection (b) and section 

17 4201(b)(4)(A) of title 28 are displayed near all screening locations, all 

18 locations where passengers exit the sterile area, and other locations at 

19 the airport that the Secretary of Homeland Security determines appro20 priate. 

21 ‘‘(2) EFFECT OF SIGNS ON PENALTIES.—An individual is subject to 

22 a penalty imposed under subsection (b) or section 4201(b)(4)(A) of 

23 title 28 without regard to whether signs are displayed at an airport as 

24 required by paragraph (1). 

25 ‘‘§ 2745. General criminal penalty when specific penalty not 

26 provided 

27 ‘‘When another criminal penalty is not provided under chapter 409 of 

28 title 6, a person that knowingly and willfully violates section 40912, 

29 40913(d), 40914, 40917, 40918, or 40919 of title 6, or a regulation pre30 scribed or order issued by the Administrator of the Transportation Security 

31 Administration under section 40912, 40913(d), 40914, 40917, 40918, or 

32 40919 of title 6, shall be fined under this title. A separate violation occurs 

33 for each day the violation continues. 

34 ‘‘CHAPTER 127—SPECIAL AIRCRAFT JURISDICTION OF 

35 THE UNITED STATES 

‘‘Sec. 

‘‘2761. Definitions. 

‘‘2762. Aircraft piracy. 

‘‘2763. Interference with security screening personnel. 

‘‘2764. Interference with flight crew members and attendants. 

‘‘2765. Carrying a weapon or explosive on an aircraft. 

‘‘2766. Application of certain criminal laws to acts on an aircraft. 

‘‘2767. False information and threats. 


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1 ‘‘§ 2761. Definitions 

2 ‘‘In this subchapter: 

3 ‘‘(1) AIRCRAFT IN FLIGHT.—The term ‘aircraft in flight’ means an 

4 aircraft from the moment all external doors are closed following board5 ing— 

6 ‘‘(A) through the moment when one external door is opened to 

7 allow passengers to leave the aircraft; or 

8 ‘‘(B) until, if a forced landing, competent authorities take over 

9 responsibility for the aircraft and individuals and property on the 

10 aircraft. 

11 ‘‘(2) COMMIT AN OFFENSE.—The term ‘commit an offense’ means, 

12 in the case of an individual and for the purposes of the Convention for 

13 the Suppression of Unlawful Seizure of Aircraft, when the individual, 

14 when on an aircraft in flight— 

15 ‘‘(A) by any form of intimidation, unlawfully seizes, exercises 

16 control of, or attempts to seize or exercise control of, the aircraft; 

17 or 

18 ‘‘(B) is an accomplice of an individual referred to in subpara19 graph (A). 

20 ‘‘(3) SPECIAL AIRCRAFT JURISDICTION OF THE UNITED STATES.— 

21 The term ‘special aircraft jurisdiction of the United States’ includes 

22 any of the following aircraft in flight: 

23 ‘‘(A) A civil aircraft of the United States. 

24 ‘‘(B) An aircraft of the armed forces of the United States. 

25 ‘‘(C) Another aircraft in the United States. 

26 ‘‘(D) Another aircraft outside the United States— 

27 ‘‘(i) that has its next scheduled destination or last place of 

28 departure in the United States, if the aircraft next lands in 

29 the United States; 

30 ‘‘(ii) on which an individual commits an offense (as speci31 fied in the Convention for the Suppression of Unlawful Sei32 zure of Aircraft) if the aircraft lands in the United States 

33 with the individual still on the aircraft; or 

34 ‘‘(iii) against which an individual commits an offense (as 

35 specified in subsection (d) or (e) of article I, section I of the 

36 Convention for the Suppression of Unlawful Acts against the 

37 Safety of Civil Aviation) if the aircraft lands in the United 

38 States with the individual still on the aircraft. 

39 ‘‘(E) Any other aircraft leased without crew to a lessee whose 

40 principal place of business is in the United States or, if the lessee 


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1 does not have a principal place of business, whose permanent resi2 dence is in the United States. 

3 ‘‘§ 2762. Aircraft piracy 

4 ‘‘(a) AIRCRAFT PIRACY IN SPECIAL AIRCRAFT JURISDICTION.— 

5 ‘‘(1) DEFINITION OF AIRCRAFT PIRACY.—In this subsection, the 

6 term ‘aircraft piracy’ means seizing or exercising control of an aircraft 

7 in the special aircraft jurisdiction of the United States by force, vio8 lence, threat of force or violence, or any form of intimidation, and with 

9 wrongful intent. 

10 ‘‘(2) WHEN ATTEMPT TO COMMIT AIRCRAFT PIRACY DEEMED TO BE

11 IN SPECIAL AIRCRAFT JURISDICTION.—An attempt to commit aircraft 

12 piracy is deemed to be in the special aircraft jurisdiction of the United 

13 States, although the aircraft is not in flight at the time of the attempt, 

14 if the aircraft would have been in the special aircraft jurisdiction of the 

15 United States had the aircraft piracy been completed. 

16 ‘‘(3) CRIMINAL PENALTY.—An individual committing or attempting 

17 or conspiring to commit aircraft piracy— 

18 ‘‘(A) shall be imprisoned for at least 20 years; or 

19 ‘‘(B) notwithstanding section 3559(b) of this title, if the death 

20 of another individual results from the commission or attempt, shall 

21 be put to death or imprisoned for life. 

22 ‘‘(b) AIRCRAFT PIRACY OUTSIDE SPECIAL AIRCRAFT JURISDICTION.— 

23 ‘‘(1) DEFINITION OF NATIONAL OF THE UNITED STATES.—In this 

24 subsection, the term ‘national of the United States’ has the meaning 

25 given the term in section 101(a) of the Immigration and Nationality 

26 Act (8 U.S.C. 1101(a)). 

27 ‘‘(2) CRIMINAL PENALTY.—An individual committing or conspiring 

28 to commit an offense (as specified in the Convention for the Suppres29 sion of Unlawful Seizure of Aircraft) on an aircraft in flight outside 

30 the special aircraft jurisdiction of the United States— 

31 ‘‘(A) shall be imprisoned for at least 20 years; or 

32 ‘‘(B) notwithstanding section 3559(b) of this title, if the death 

33 of another individual results from the commission or attempt, shall 

34 be put to death or imprisoned for life. 

35 ‘‘(3) JURISDICTION.—There is jurisdiction over the offense in para36 graph (2) if— 

37 ‘‘(A) a national of the United States was aboard the aircraft; 

38 ‘‘(B) an offender is a national of the United States; or 

39 ‘‘(C) an offender is afterwards found in the United States. 


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1 ‘‘§ 2763. Interference with security screening personnel 

2 ‘‘An individual in an area in a commercial service airport in the United 

3 States who, by assaulting a Federal, airport, or air carrier employee who 

4 has security duties in the airport, interferes with the performance of the du5 ties of the employee or lessens the ability of the employee to perform those 

6 duties shall be fined under this title, imprisoned for not more than 10 years, 

7 or both. If the individual uses a dangerous weapon in committing the as8 sault or interference, the individual may be imprisoned for any term of 

9 years or for life. 

10 ‘‘§ 2764. Interference with flight crew members and attend11 ants 

12 ‘‘An individual on an aircraft in the special aircraft jurisdiction of the 

13 United States who, by assaulting or intimidating a flight crew member or 

14 flight attendant of the aircraft, interferes with the performance of the duties 

15 of the member or attendant or lessens the ability of the member or attend16 ant to perform those duties, or attempts or conspires to do such an act, 

17 shall be fined under this title, imprisoned for not more than 20 years, or 

18 both. If a dangerous weapon is used in assaulting or intimidating the mem19 ber or attendant, the individual shall be imprisoned for any term of years 

20 or for life. 

21 ‘‘§ 2765. Carrying a weapon or explosive on an aircraft 

22 ‘‘(a) DEFINITION OF LOADED FIREARM.—In this section, the term ‘loaded 

23 firearm’ means a starter gun or a weapon designed or converted to expel 

24 a projectile through an explosive, that has a cartridge, a detonator, or pow25 der in the chamber, magazine, cylinder, or clip. 

26 ‘‘(b) GENERAL CRIMINAL PENALTY.—An individual shall be fined under 

27 this title, imprisoned for not more than 10 years, or both, if the indi28 vidual— 

29 ‘‘(1) when on, or attempting to get on, an aircraft in, or intended 

30 for operation in, air transportation or intrastate air transportation, has 

31 on or about the individual or the property of the individual a concealed 

32 dangerous weapon that is or would be accessible to the individual in 

33 flight; 

34 ‘‘(2) has placed, attempted to place, or attempted to have placed a 

35 loaded firearm on that aircraft in property not accessible to passengers 

36 in flight; or 

37 ‘‘(3) has on or about the individual, or has placed, attempted to 

38 place, or attempted to have placed on that aircraft, an explosive or in39 cendiary device. 

40 ‘‘(c) CRIMINAL PENALTY INVOLVING DISREGARD FOR HUMAN LIFE.—An 

41 individual who willfully and without regard for the safety of human life, or 


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1 with reckless disregard for the safety of human life, violates subsection (b) 

2 shall be fined under this title, imprisoned for not more than 20 years, or 

3 both, and, if death results to any person, shall be imprisoned for any term 

4 of years or for life. 

5 ‘‘(d) NONAPPLICATION.—Subsection (b)(1) does not apply to— 

6 ‘‘(1) a law enforcement officer of a State or political subdivision of 

7 a State, or an officer or employee of the United States Government, 

8 authorized to carry arms in an official capacity; 

9 ‘‘(2) another individual the Administrator of the Transportation Se10 curity Administration by regulation authorizes to carry a dangerous 

11 weapon in air transportation or intrastate air transportation; or 

12 ‘‘(3) an individual transporting a weapon (except a loaded firearm) 

13 in baggage not accessible to a passenger in flight if the air carrier was 

14 informed of the presence of the weapon. 

15 ‘‘(e) CONSPIRACY.—If 2 or more individuals conspire to violate subsection 

16 (b) or (c), and any of the individuals does any act to effect the object of 

17 the conspiracy, each of the parties to the conspiracy shall be punished as 

18 provided in subsection (b) or (c). 

19 ‘‘§ 2766. Application of certain criminal laws to acts on an 

20 aircraft 

21 ‘‘An individual on an aircraft in the special aircraft jurisdiction of the 

22 United States who commits an act that— 

23 ‘‘(1) if committed in the special maritime and territorial jurisdiction 

24 of the United States (as defined in section 7 of this title) would violate 

25 section 113, 114, 661, 662, 1111, 1112, 1113, or 2111 or chapter 

26 109A of this title, shall be fined under this title, imprisoned under that 

27 section or chapter, or both; or 

28 ‘‘(2) if committed in the District of Columbia would violate section 

29 9 of the Act of July 29, 1892 (D.C. Code 22-1312), shall be fined 

30 under this title, imprisoned under section 9 of the Act, or both. 

31 ‘‘§ 2767. False information and threats 

32 ‘‘An individual shall be fined under this title, imprisoned for not more 

33 than 5 years, or both, if the individual— 

34 ‘‘(1) knowing the information to be false, willfully and maliciously or 

35 with reckless disregard for the safety of human life, gives, or causes 

36 to be given, under circumstances in which the information reasonably 

37 may be believed, false information about an alleged attempt being made 

38 or to be made to do an act that would violate section 2762(a), 2764, 

39 2765, or 2766 of this title; or 


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1 ‘‘(2) threatens to violate section 2762(a), 2764, 2765, or 2766 of 

2 this title, or causes a threat to violate any of those sections to be made, 

3 and has the apparent determination and will to carry out the threat.’’. 

4 (2) TABLE OF CONTENTS.—The table of contents of part I of title 

5 18, United States Code, is amended by adding at the end the following: 

‘‘125. Air Transportation Security ................................................................. 2741 

‘‘127. Special Aircraft Jurisdiction of the United States ...................... 2761’’. 

6 (d) TITLE 28, UNITED STATES CODE.— 

7 (1) IN GENERAL.—Part VI of title 28, United States Code, is 

8 amended by adding after section 4105 the following: 

9 ‘‘CHAPTER 182—AIR TRANSPORTATION SECURITY 

‘‘Sec. 

‘‘4201. Civil penalties. 

‘‘4202. False information. 

‘‘4203. Carrying a weapon. 

‘‘4204. Interference with cabin or flight crew. 

‘‘4205. Actions to recover civil penalties. 

10 ‘‘§ 4201. Civil penalties 

11 ‘‘(a) DEFINITION OF SMALL BUSINESS CONCERN.—In this section, the 

12 term ‘small business concern’ has the meaning given the term in section 3 

13 of the Small Business Act (15 U.S.C. 632). 

14 ‘‘(b) GENERAL PENALTY.— 

15 ‘‘(1) CHAPTER 409 VIOLATIONS; REGULATION VIOLATIONS.—A per16 son is liable to the United States Government for a civil penalty of not 

17 more than $25,000 (or $1,100 if the person is an individual or small 

18 business concern) for violating— 

19 ‘‘(A) chapter 409 (except sections 40912, 40913(d), 40914, 

20 40917 (a) through (d)(1)(A) and (1)(C) through (f), and 40918) 

21 of title 6; or 

22 ‘‘(B) a regulation prescribed or order issued under any provision 

23 to which subparagraph (A) applies. 

24 ‘‘(2) SEPARATE VIOLATIONS.—A separate violation occurs under this 

25 subsection for each day the violation continues or, if applicable, for 

26 each flight involving the violation. 

27 ‘‘(3) AVIATION SECURITY VIOLATIONS.—Notwithstanding paragraph 

28 (1) of this subsection, the maximum civil penalty for violating chapter 

29 409 of title 6 shall be $10,000; except that the maximum civil penalty 

30 shall be $25,000 in the case of a person operating an aircraft for the 

31 transportation of passengers or property for compensation (except an 

32 individual serving as an airman). 

33 ‘‘(4) PENALTIES APPLICABLE TO INDIVIDUALS AND SMALL BUSINESS

34 CONCERNS.—An individual (except an airman serving as an airman) or 

35 small business concern is liable to the Government for a civil penalty 

36 of not more than $10,000 for violating— 


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1 ‘‘(A) chapter 409 (except sections 40912, 40913(d), 40914, and 

2 40917 through 40919) of title 6; or 

3 ‘‘(B) a regulation prescribed or order issued under any provision 

4 to which subparagraph (A) applies. 

5 ‘‘(5) FAILURE TO COLLECT AIRPORT SECURITY BADGES.—Notwith6 standing paragraph (1), an employer (other than a governmental entity 

7 or airport operator) who employs an employee to whom an airport secu8 rity badge or other identifier used to obtain access to a secure area of 

9 an airport is issued and who does not collect or make reasonable efforts 

10 to collect the badge from the employee on the date that the employ11 ment of the employee is terminated and does not notify the operator 

12 of the airport of the termination within 24 hours of the date of the 

13 termination is liable to the Government for a civil penalty not to exceed 

14 $10,000. 

15 ‘‘(c) PROCEDURAL REQUIREMENTS.— 

16 ‘‘(1) IN GENERAL.—The Secretary of Homeland Security may im17 pose a civil penalty for the following violations only after notice and 

18 an opportunity for a hearing: 

19 ‘‘(A) A violation of section 40919 of title 6. 

20 ‘‘(B) A violation of a regulation prescribed or order issued 

21 under any provision to which subparagraph (A) of this paragraph 

22 applies. 

23 ‘‘(2) WRITTEN NOTICE.—The Secretary of Homeland Security shall 

24 give written notice of the finding of a violation and the civil penalty 

25 under paragraph (1) of this subsection. 

26 ‘‘(d) ADMINISTRATIVE IMPOSITION OF PENALTIES.— 

27 ‘‘(1) DEFINITIONS.—In this subsection: 

28 ‘‘(A) FLIGHT ENGINEER.—The term ‘flight engineer’ means an 

29 individual who holds a flight engineer certificate issued under part 

30 63 of title 14, Code of Federal Regulations. 

31 ‘‘(B) MECHANIC.—The term ‘mechanic’ means an individual 

32 who holds a mechanic certificate issued under part 65 of title 14, 

33 Code of Federal Regulations. 

34 ‘‘(C) PILOT.—The term ‘pilot’ means an individual who holds 

35 a pilot certificate issued under part 61 of title 14, Code of Federal 

36 Regulations. 

37 ‘‘(D) REPAIRMAN.—The term ‘repairman’ means an individual 

38 who holds a repairman certificate issued under part 65 of title 14, 

39 Code of Federal Regulations. 

40 ‘‘(2) PENALTY COVERAGE.— 


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1 ‘‘(A) IN GENERAL.—The Secretary of Homeland Security may 

2 impose a civil penalty for a violation of chapter 409 (except sec3 tions 40912, 40913(d), 40917 (a) through (d)(1)(A) and (1)(C) 

4 through (f), 40918, and 40919) of title 6. 

5 ‘‘(B) WRITTEN NOTICE.—The Secretary of Homeland Security 

6 shall give written notice of the finding of a violation and the pen7 alty. 

8 ‘‘(C) EXCEPTION.—In the case of a violation of section 4202 of 

9 this title or a regulation prescribed or order issued under that pro10 vision, a penalty may not be imposed under this subsection for a 

11 violation relating to section 2764 of title 18. 

12 ‘‘(3) LIMIT ON REEXAMINATION.—In a civil action to collect a civil 

13 penalty imposed by the Secretary of Homeland Security under this sub14 section, the issues of liability and the amount of the penalty may not 

15 be reexamined. 

16 ‘‘(4) DISTRICT COURT JURISDICTION.—Notwithstanding paragraph 

17 (2) of this subsection, the district courts of the United States have ex18 clusive jurisdiction of a civil action involving a penalty the Secretary 

19 of Homeland Security initiates if— 

20 ‘‘(A) the amount in controversy is more than— 

21 ‘‘(i) $50,000 if the violation was committed by any person 

22 before December 12, 2003; 

23 ‘‘(ii) $400,000 if the violation was committed by a person 

24 other than an individual or small business concern on or after 

25 that date; or 

26 ‘‘(iii) $50,000 if the violation was committed by an indi27 vidual or small business concern on or after that date; 

28 ‘‘(B) the action is in rem or another action in rem based on the 

29 same violation has been brought; 

30 ‘‘(C) the action involves an aircraft subject to a lien that has 

31 been seized by the Government; or 

32 ‘‘(D) another action has been brought for an injunction based 

33 on the same violation. 

34 ‘‘(5) MAXIMUM PENALTY.—The maximum civil penalty the Secretary 

35 of Homeland Security may impose under this subsection is— 

36 ‘‘(A) $50,000 if the violation was committed by any person be37 fore December 12, 2003; 

38 ‘‘(B) $400,000 if the violation was committed by a person other 

39 than an individual or small business concern on or after that date; 

40 or 


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1 ‘‘(C) $50,000 if the violation was committed by an individual or 

2 small business concern on or after that date. 

3 ‘‘(6) LIMITATION.—This subsection applies only to a violation occur4 ring after August 25, 1992. 

5 ‘‘(e) COMPROMISE AND SETOFF.— 

6 ‘‘(1) COMPROMISE.—The Secretary of Homeland Security may com7 promise the amount of a civil penalty imposed for violating— 

8 ‘‘(A) chapter 409 (except sections 40912, 40913(d), 40914, 

9 40917(a) through (d)(1)(A) and (1)(C) through (f), 40918, and 

10 40919) of title 6; or 

11 ‘‘(B) a regulation prescribed or order issued under any provision 

12 to which subparagraph (A) of this paragraph applies. 

13 ‘‘(2) SETOFF.—The United States Government may deduct the 

14 amount of a civil penalty imposed or compromised under this sub15 section from amounts it owes the person liable for the penalty. 

16 ‘‘(f) JUDICIAL REVIEW.—An order of the Secretary of Homeland Security 

17 imposing a civil penalty may be reviewed judicially only under section 40989 

18 of title 6. 

19 ‘‘(g) NONAPPLICATION.— 

20 ‘‘(1) IN GENERAL.—This section does not apply to the following 

21 when performing official duties: 

22 ‘‘(A) A member of the armed forces of the United States. 

23 ‘‘(B) A civilian employee of the Department of Defense subject 

24 to the Uniform Code of Military Justice. 

25 ‘‘(2) REPORT ON ACTION TAKEN.—The appropriate military author26 ity is responsible for taking necessary disciplinary action and submit27 ting to the Secretary of Homeland Security a timely report on action 

28 taken. 

29 ‘‘§ 4202. False information 

30 ‘‘(a) CIVIL PENALTY.—A person that, knowing the information to be 

31 false, gives, or causes to be given, under circumstances in which the infor32 mation reasonably may be believed, false information about an alleged at33 tempt being made or to be made to do an act that would violate section 

34 2762(a), 2764, 2765, or 2766 of title 18 is liable to the United States Gov35 ernment for a civil penalty of not more than $10,000 for each violation. 

36 ‘‘(b) COMPROMISE AND SETOFF.— 

37 ‘‘(1) COMPROMISE.—The Secretary of Homeland Security may com38 promise the amount of a civil penalty imposed under subsection (a). 

39 ‘‘(2) SETOFF.—The United States Government may deduct the 

40 amount of a civil penalty imposed or compromised under this section 

41 from amounts it owes the person liable for the penalty. 


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1 ‘‘§ 4203. Carrying a weapon 

2 ‘‘(a) CIVIL PENALTY.—An individual who, when on, or attempting to 

3 board, an aircraft in, or intended for operation in, air transportation or 

4 intrastate air transportation, has on or about the individual or the property 

5 of the individual a concealed dangerous weapon that is or would be acces6 sible to the individual in flight is liable to the United States Government 

7 for a civil penalty of not more than $10,000 for each violation. 

8 ‘‘(b) COMPROMISE AND SETOFF.— 

9 ‘‘(1) COMPROMISE.—The Secretary of Homeland Security may com10 promise the amount of a civil penalty imposed under subsection (a). 

11 ‘‘(2) SETOFF.—The United States Government may deduct the 

12 amount of a civil penalty imposed or compromised under this section 

13 from amounts it owes the individual liable for the penalty. 

14 ‘‘(c) NONAPPLICATION.—This section does not apply to— 

15 ‘‘(1) a law enforcement officer of a State or political subdivision of 

16 a State, or an officer or employee of the United States Government, 

17 authorized to carry arms in an official capacity; or 

18 ‘‘(2) another individual the Secretary of Homeland Security or the 

19 Administrator of the Federal Aviation Administration by regulation au20 thorizes to carry arms in an official capacity. 

21 ‘‘§ 4204. Interference with cabin or flight crew 

22 ‘‘(a) IN GENERAL.—An individual who physically assaults or threatens to 

23 physically assault a member of the flight crew or cabin crew of a civil air24 craft or any other individual on the aircraft, or takes any action that poses 

25 an imminent threat to the safety of the aircraft or other individuals on the 

26 aircraft is liable to the United States Government for a civil penalty of not 

27 more than $25,000. 

28 ‘‘(b) COMPROMISE AND SETOFF.— 

29 ‘‘(1) COMPROMISE.—The Secretary of Homeland Security may com30 promise the amount of a civil penalty imposed under this section. 

31 ‘‘(2) SETOFF.—The United States Government may deduct the 

32 amount of a civil penalty imposed or compromised under this section 

33 from amounts the Government owes the person liable for the penalty. 

34 ‘‘§ 4205. Actions to recover civil penalties 

35 ‘‘A civil penalty under this chapter may be collected by bringing a civil 

36 action against the person subject to the penalty, a civil action in rem 

37 against an aircraft subject to a lien for a penalty, or both. The action shall 

38 conform as nearly as practicable to a civil action in admiralty, regardless 

39 of the place an aircraft in a civil action in rem is seized. However, a party 

40 may demand a jury trial of an issue of fact in an action involving a civil 

41 penalty under this chapter if the value of the matter in controversy is more 


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1 than $20. Issues of fact tried by a jury may be reexamined only under com2 mon law rules.’’. 

3 (2) TABLE OF CONTENTS.—The table of contents of part VI of title 

4 28, United States Code, is amended by adding after the item for chap5 ter 181 the following: 

‘‘182. Air Transportation Security ................................................................. 4201’’. 

6 (e) TITLE 49, UNITED STATES CODE.—Title 49, United States Code, is 

7 amended as follows: 

8 (1) Section 106(g) is amended to read as follows: 

9 ‘‘(g) DUTIES AND POWERS OF ADMINISTRATOR.—The Administrator 

10 shall carry out— 

11 ‘‘(1) duties and powers of the Secretary of Transportation under 

12 subsection (f) of this section related to aviation safety (except those re13 lated to transportation, packaging, marking, or description of haz14 ardous material) and stated in sections 308(b), 1132(c) and (d), 

15 40101(c), 40103(b), 40106(a), 40108, 40109(b), 40113(a), 40113(c), 

16 40113(d), 40113(e), 40114(a), and 40119, chapter 445 (except sec17 tions 44501(b), 44502(a)(2), 44502(a)(3), 44502(a)(4), 44503, 44506, 

18 44509, 44510, 44514, and 44515), chapter 447 (except sections 

19 44717, 44718(a), 44718(b), 44719, 44720, 44721(b), 44722, and 

20 44723), chapter 451, chapter 453, sections 46104, 46301(d) and 

21 (h)(2), 46303(c), 46304–46308, 46310, 46311, and 46313–46316, 

22 chapter 465, and sections 47504(b) (related to flight procedures), 

23 47508(a), and 48107 of this title; and 

24 ‘‘(2) additional duties and powers prescribed by the Secretary of 

25 Transportation.’’. 

26 (2) Chapter 51 is amended— 

27 (A) by inserting after section 5110 the following: 

28 ‘‘§ 5111. Hazardous material highway route plans 

29 ‘‘(a) ROUTE PLAN GUIDANCE.—The Secretary of Transportation, in con30 sultation with the Secretary of Homeland Security, shall— 

31 ‘‘(1) document existing and proposed routes for the transportation 

32 of radioactive and nonradioactive hazardous materials by motor carrier, 

33 and develop a framework for using a geographic information system34 based approach to characterize routes in the national hazardous mate35 rials route registry; 

36 ‘‘(2) assess and characterize existing and proposed routes for the 

37 transportation of radioactive and nonradioactive hazardous materials 

38 by motor carrier for the purpose of identifying measurable criteria for 

39 selecting routes based on safety and security concerns; 


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1 ‘‘(3) analyze current route-related hazardous materials regulations in 

2 the United States, Canada, and Mexico to identify cross-border dif3 ferences and conflicting regulations; 

4 ‘‘(4) document the safety and security concerns of the public, motor 

5 carriers, and State, local, territorial, and tribal governments about the 

6 highway routing of hazardous materials; 

7 ‘‘(5) prepare guidance materials for State officials to assist them in 

8 identifying and reducing both safety concerns and security risks when 

9 designating highway routes for hazardous materials consistent with the 

10 13 safety-based nonradioactive materials routing criteria and radio11 active materials routing criteria in subparts C and D of part 397 of 

12 title 49, Code of Federal Regulations; 

13 ‘‘(6) develop a tool that will enable State officials to examine poten14 tial routes for the highway transportation of hazardous materials, as15 sess specific security risks associated with each route, and explore al16 ternative mitigation measures; and 

17 ‘‘(7) transmit to the appropriate congressional committees (as de18 fined in section 10101 of title 6) a report on the actions taken to fulfill 

19 paragraphs (1) through (6) and any recommended changes to the rout20 ing requirements for the highway transportation of hazardous materials 

21 in part 397 of title 49, Code of Federal Regulations. 

22 ‘‘(b) ROUTE PLANS.— 

23 ‘‘(1) ASSESSMENT.—The Secretary of Transportation shall complete 

24 an assessment of the safety and national security benefits achieved 

25 under existing requirements for route plans, in written or electronic 

26 format, for explosives and radioactive materials. The assessment shall, 

27 at a minimum— 

28 ‘‘(A) compare the percentage of Department of Transportation 

29 recordable incidents and the severity of the incidents for shipments 

30 of explosives and radioactive materials for which route plans are 

31 required with the percentage of recordable incidents and the sever32 ity of the incidents for shipments of explosives and radioactive ma33 terials not subject to route plans; and 

34 ‘‘(B) quantify the security and safety benefits, feasibility, and 

35 costs of requiring each motor carrier that is required to have a 

36 hazardous material safety permit under part 385 of title 49, Code 

37 of Federal Regulations, to maintain, follow, and carry a route plan 

38 that meets the requirements of section 397.101 of that title when 

39 transporting the type and quantity of hazardous materials de40 scribed in section 385.403, taking into account the various segVerDate Sep 11 2014 18:05 Jun 12, 2018 Jkt 079200 PO 00000 Frm 00662 Fmt 6652 Sfmt 6221 E:\BILLS\H6063.IH H6063

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1 ments of the motor carrier industry, including tank truck, truck2 load, and less-than-truckload carriers. 

3 ‘‘(2) REPORT.—The Secretary of Transportation shall submit a re4 port to the appropriate congressional committees containing the find5 ings and conclusions of the assessment. 

6 ‘‘(c) REQUIREMENT.—The Secretary shall require a motor carrier that 

7 has a hazardous material safety permit under part 385 of title 49, Code 

8 of Federal Regulations, to maintain, follow, and carry a route plan, in writ9 ten or electronic format, that meets the requirements of section 397.101 of 

10 that title when transporting the type and quantity of hazardous materials 

11 described in section 385.403 if the Secretary determines, under the assess12 ment required in subsection (b), that such a requirement would enhance se13 curity and safety without imposing unreasonable costs or burdens upon 

14 motor carriers.’’; 

15 (B) by inserting the following after section 5118: 

16 ‘‘§ 5118a. Hazardous materials security inspections and 

17 study 

18 ‘‘(a) IN GENERAL.—The Secretary of Transportation shall consult with 

19 the Secretary of Homeland Security to limit, to the extent practicable, dupli20 cative reviews of the hazardous materials security plans required under part 

21 172, title 49, Code of Federal Regulations. 

22 ‘‘(b) TRANSPORTATION COSTS STUDY.—The Secretary of Transportation, 

23 in conjunction with the Secretary of Homeland Security, shall study to what 

24 extent the insurance, security, and safety costs borne by railroad carriers, 

25 motor carriers, pipeline carriers, air carriers, and maritime carriers associ26 ated with the transportation of hazardous materials are reflected in the 

27 rates paid by offerors of the commodities as compared to the costs and 

28 rates, respectively, for the transportation of nonhazardous materials.’’; and 

29 (C) by amending the chapter analysis for chapter 51— 

30 (i) by inserting the following after the item relating to sec31 tion 5110: 

‘‘5111. Hazardous material highway route plans.’’; 

32 and 

33 (ii) by inserting the following after the item relating to sec34 tion 5118: 

‘‘5118a. Hazardous materials security inspections and study.’’. 

35 (3) Chapter 401 is amended— 

36 (A) in section 40113— 

37 (i) in subsection (a)— 

38 (I) by striking ‘‘the Under Secretary of Transpor39 tation for Security with respect to security duties and 


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1 powers designated to be carried out by the Under Sec2 retary or’’; and 

3 (II) by striking ‘‘, Under Secretary,’’; and 

4 (ii) in subsection (d)— 

5 (I) by striking ‘‘Under Secretary of Transportation for 

6 Security or the’’; 

7 (II) by striking ‘‘Transportation Security Administra8 tion or Federal Aviation Administration, as the case may 

9 be,’’ and inserting ‘‘Federal Aviation Administration’’; 

10 and 

11 (III) by striking ‘‘Under Secretary or Administrator, 

12 as the case may be,’’ and inserting ‘‘Administrator’’; and 

13 (B) in section 40119(a)— 

14 (i) by striking ‘‘Under Secretary of Transportation for Se15 curity and the’’; and 

16 (ii) by striking ‘‘each’’. 

17 (4) Chapter 461 is amended— 

18 (A) by striking ‘‘the Under Secretary of Transportation for Se19 curity with respect to security duties and powers designated to be 

20 carried out by the Under Secretary or’’ and ‘‘, Under Secretary,’’ 

21 each place they appear; 

22 (B) in section 46102— 

23 (i) in subsection (b), by striking ‘‘, the Under Secretary, 

24 and’’ and inserting ‘‘or’’; and 

25 (ii) in subsection (d), by striking ‘‘the Under Secretary,’’; 

26 (C) in section 46104(b) as amended by subparagraph (A), by 

27 striking ‘‘, the Under Secretary’’; and 

28 (D) in section 46111— 

29 (i) by striking ‘‘Under Secretary for Border and Transpor30 tation Security of the Department of’’ and inserting ‘‘Sec31 retary’’; and 

32 (ii) by striking ‘‘Under Secretary’’ each place it appears 

33 and inserting ‘‘Secretary’’. 

34 (5) Section 46301(d) is amended— 

35 (A) in paragraph (2), by striking the last two sentences and in36 serting ‘‘The Administrator shall give written notice of the finding 

37 of a violation and the penalty.’’; 

38 (B) in paragraph (3), by striking ‘‘Secretary of Homeland Secu39 rity or’’; 

40 (C) in paragraph (4), by striking ‘‘Secretary of Homeland Secu41 rity or’’; and 


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1 (D) in paragraph (8), by striking ‘‘Under Secretary, Adminis2 trator,’’ and inserting ‘‘Administrator’’. 

3 (6) Section 46505(d)(2) is amended by striking ‘‘Under Secretary of 

4 Transportation for Security’’ and inserting ‘‘Secretary of Homeland Se5 curity’’. 

6 (7) Section 367 of Public Law 108–7 (49 U.S.C. 47110 note) is 

7 amended— 

8 (A) in subsection (a), by striking ‘‘Under Secretary of Trans9 portation for Security’’ and inserting ‘‘Secretary of Homeland Se10 curity’’; and 

11 (B) by striking ‘‘Under Secretary’’ each place it appears and in12 serting ‘‘Secretary’’. 

13 (8) Chapter 483 is repealed. 

14 (9) The table of contents for subtitle VII of title 49, United States 

15 Code, is amended as follows: 

16 (A) After the item for chapter 447, strike ‘‘449. Security ......................................................................................................... 44901’’. 

17 (B) After the item for chapter 482, strike ‘‘483. Aviation Security Funding .................................................................... 48301’’. 

18 SEC. 5. CONFORMING CROSS REFERENCES. 

19 (a) TITLE 5, UNITED STATES CODE.—Title 5, United States Code, is 

20 amended as follows: 

21 (1) Section 9701(g) is amended by striking ‘‘section 842 of the 

22 Homeland Security Act of 2002’’ and inserting ‘‘section 10352 of title 

23 6’’. 

24 (2) Section 10101 is amended— 

25 (A) in paragraph (3), by striking ‘‘section 602 of the Post26 Katrina Emergency Management Reform Act of 2006’’ and insert27 ing ‘‘section 20101 of title 6’’; and 

28 (B) in paragraph (5), by striking ‘‘section 624 of the Post29 Katrina Emergency Management Reform Act of 2006’’ and insert30 ing ‘‘section 20301 of title 6’’. 

31 (3) Section 10103(b) is amended by striking ‘‘section 844 of the 

32 Homeland Security Act of 2002’’ and inserting ‘‘section 10356 of title 

33 6’’. 

34 (b) TITLE 8, UNITED STATES CODE.—Section 7202(g)(2)(H) of the In35 telligence Reform and Terrorism Prevention Act of 2004 (8 U.S.C. 

36 1777(g)(2)(H)) is amended by striking ‘‘section 1016(b)’’ and inserting 

37 ‘‘section 11708(b) of title 6, United States Code’’. 

38 (c) TITLE 10, UNITED STATES CODE.—Section 130d of title 10, United 

39 States Code, is amended by striking ‘‘section 892 of the Homeland Security 

40 Act of 2002 (6 U.S.C. 482)’’ and inserting ‘‘section 11707 of title 6’’. 


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1 (d) TITLE 16, UNITED STATES CODE.—Section 402(b)(1)(H) of the 

2 Magnuson-Stevens Fishery Conservation and Management Act (16 U.S.C. 

3 1881a(b)(1)(H)) is amended by striking ‘‘as defined in section 888(a)(2) of 

4 the Homeland Security Act of 2002 (6 U.S.C. 468(a)(2))’’. 

5 (e) TITLE 19, UNITED STATES CODE.—Title 19, United States Code, is 

6 amended as follows: 

7 (1) Section 13031(f)(2) of Public Law 99–272 (19 U.S.C. 58c(f)(2)) 

8 is amended by striking ‘‘section 415 of the Homeland Security Act of 

9 2002 (other than functions performed by the Office of International 

10 Affairs referred to in section 415(8) of that Act),’’ and inserting ‘‘sec11 tion 10911 of title 6, United States Code (other than functions per12 formed by the Office of International Affairs referred to in section 

13 10911(8) of title 6),’’. 

14 (2) Section 301(h) of Public Law 99–272 (19 U.S.C. 2075(h)) is 

15 amended— 

16 (A) in paragraph (1), by striking ‘‘section 412(b)(2) of the 

17 Homeland Security Act of 2002 (6 U.S.C. 212(b)(2))’’ and ‘‘sec18 tion 412(b)(1) of such Act’’ and inserting ‘‘section 10912(b)(2) of 

19 title 6, United States Code’’ and ‘‘section 10912(b)(1) of such 

20 title’’, respectively; and 

21 (B) in paragraph (2)(A), by striking ‘‘section 412(b) of the 

22 Homeland Security Act of 2002 (6 U.S.C. 212(b))’’ and inserting 

23 ‘‘section 10912(b) of title 6, United States Code,’’. 

24 (f) TITLE 26, UNITED STATES CODE.—Section 4261(f) of the Internal 

25 Revenue Code of 1986 (26 U.S.C. 4261(f)) is amended by striking ‘‘44509 

26 or 44913(b)’’ and inserting ‘‘40923(b) of title 6, United States Code, or sec27 tion 44509’’. 

28 (g) TITLE 31, UNITED STATES CODE.—Section 3516(f)(3)(A) of title 31, 

29 United States Code, is amended by striking ‘‘section 874(b)(2) of the 

30 Homeland Security Act of 2002’’ and inserting ‘‘section 10386(b)(2) of title 

31 6’’. 

32 (h) TITLE 33, UNITED STATES CODE.—Section 303(b)(4) of Public Law 

33 105–384 (33 U.S.C. 892a(b)(4)) is amended by striking ‘‘section 641 of the 

34 Post-Katrina Emergency Management Reform Act of 2006 (6 U.S.C. 741)’’ 

35 and inserting ‘‘section 20501 of title 6, United States Code’’. 

36 (i) TITLE 38, UNITED STATES CODE.—Section 8117(a)(2)(C) of title 38, 

37 United States Code, is amended by striking ‘‘section 502(6) of the Home38 land Security Act of 2002’’ and inserting ‘‘section 11103(a)(6) of title 6’’. 

39 (j) TITLE 42, UNITED STATES CODE.—Title 42, United States Code, is 

40 amended as follows: 


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1 (1) Section 319F–1(a)(2)(A) of the Act of July 1, 1944 (42 U.S.C. 

2 247d–6a(a)(2)(A)) is amended by striking ‘‘sections 302(2) and 304(a) 

3 of the Homeland Security Act of 2002’’ and inserting ‘‘sections 

4 10701(2) and 10703(a) of title 6, United States Code,’’. 

5 (2) Section 319F–2(c) of the Act of July 1, 1944 (42 U.S.C. 247d– 

6 6b(c)) is amended— 

7 (A) in paragraph (1)(B)(i)(I), by striking ‘‘sections 302(2) and 

8 304(a) of the Homeland Security Act of 2002’’ and inserting ‘‘sec9 tions 10701(2) and 10703(a) of title 6, United States Code,’’; and 

10 (B) in paragraph (2)(D), by striking ‘‘section 202 of the Home11 land Security Act of 2002’’ and inserting ‘‘section 10502 of title 

12 6, United States Code’’. 

13 (3) Section 2801(a) of the Act of July 1, 1944 (42 U.S.C. 300hh(a)) 

14 is amended by striking ‘‘section 502(6) of the Homeland Security Act 

15 of 2002’’ and inserting ‘‘section 11103(6) of title 6, United States 

16 Code’’. 

17 (4) Section 2802(a)(1) of the Act of July 1, 1944 (42 U.S.C. 

18 300hh–1(a)(1)) is amended by striking ‘‘section 502(6) of the Home19 land Security Act of 2002’’ and inserting ‘‘section 11103(6) of title 6, 

20 United States Code’’. 

21 (5) Section 1061(d) of the Intelligence Reform and Terrorism Pre22 vention Act of 2004 (42 U.S.C. 2000ee(d)) is amended— 

23 (A) in paragraph (1)(A), by striking ‘‘subsections (d) and (f) of 

24 section 1016’’ and inserting ‘‘section 11708(c) and (d) of title 6, 

25 United States Code’’; 

26 (B) in paragraph (1)(B), by striking ‘‘subsections (d) and (f) 

27 of section 1016’’ and inserting ‘‘section 11708(c) and (d) of title 

28 6, United States Code’’; and 

29 (C) in paragraph (2)(B), by striking ‘‘subsections (d) and (f) of 

30 section 1016’’ and inserting ‘‘section 11708(c) and (d) of title 6, 

31 United States Code,’’. 

32 (6) Section 303(b) of the Robert T. Stafford Disaster Relief and 

33 Emergency Assistance Act (42 U.S.C. 5144(b)) is amended— 

34 (A) in paragraph (1)(B), by striking ‘‘section 507 of the Home35 land Security Act of 2002’’ and inserting ‘‘section 11107 of title 

36 6, United States Code,’’; 

37 (B) in paragraph (2), by striking ‘‘section 646(a) of the Post38 Katrina Emergency Management Reform Act of 2006’’ and insert39 ing ‘‘ section 20506(a) of title 6, United States Code’’; and 


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1 (C) in paragraph (4), by striking ‘‘section 652(a) of the Post2 Katrina Emergency Management Reform Act of 2006’’ and insert3 ing ‘‘section 20512(a) of title 6, United States Code’’. 

4 (k) TITLE 46, UNITED STATES CODE.—Title 46, United States Code, is 

5 amended as follows: 

6 (1) Section 70105(l) is amended by striking ‘‘section 2(1) of the 

7 SAFE Port Act’’ and inserting ‘‘section 30101(1) of title 6’’. 

8 (2) Section 70107A(b)(4) is amended— 

9 (A) in subparagraph (B), by striking ‘‘section 1016 of the Na10 tional Security Intelligence Reform Act of 2004 (6 U.S.C. 485) 

11 and the Homeland Security Information Sharing Act (6 U.S.C. 

12 481 et seq.)’’ and inserting ‘‘sections 11707 and 11708 of title 6’’; 

13 and 

14 (B) in subparagraph (D), by striking ‘‘section 201(b)(10) of the 

15 SAFE Port Act’’ and inserting ‘‘section 30501(b)(10) of title 6’’. 

16 (l) TITLE 49, UNITED STATES CODE.—Title 49, United States Code, is 

17 amended as follows: 

18 (1) Section 40109 is amended— 

19 (A) in subsection (b), by striking ‘‘, 40119, 44901, 44903, 

20 44906, and 44935–44937’’ and inserting ‘‘and 40119’’; and 

21 (B) in subsection (c), by striking ‘‘sections 44909 and’’ and in22 serting ‘‘section’’. 

23 (2) Section 46110(a) is amended by striking ‘‘this part, part B, or 

24 subsection (l) or (s) of section 114’’ and inserting ‘‘this part or part 

25 B’’. 

26 (3) Chapter 463 is amended— 

27 (A) in section 46301— 

28 (i) in subsection (a), by striking paragraph (4) and redesig29 nating paragraph (5) as paragraph (4); 

30 (ii) in subsection (a)(1)(A), by striking ‘‘chapter 449 (ex31 cept sections 44902, 44903(d), 44904, 44907(a)–(d)(1)(A) 

32 and (d)(1)(C)–(f), and 44908),’’; 

33 (iii) in subsection (a)(4)(A)(i) as redesignated by clause (i), 

34 by striking ‘‘chapter 449 (except sections 44902, 44903(d), 

35 44904, and 44907–44909), or’’; 

36 (iv) in subsection (c)(1)(A), by striking ‘‘chapter 423, or 

37 section 44909’’ and inserting ‘‘or chapter 423’’; and 

38 (v) in subsection (f)(1)(A)(i), by striking ‘‘chapter 449 (ex39 cept sections 44902, 44903(d), 44904, 44907(a)–(d)(1)(A) 

40 and (d)(1)(C)–(f), 44908, and 44909),’’; 

41 (B) in section 46302— 


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1 (i) in subsection (a), by striking ‘‘section 46502(a), 46504, 

2 46505, or 46506’’ and inserting ‘‘section 46504’’; and 

3 (ii) in subsection (b)(1), by striking ‘‘The Secretary of 

4 Homeland Security and, for a violation relating to section 

5 46504, the Secretary of Transportation,’’ and inserting ‘‘The 

6 Secretary of Transportation’’; 

7 (C) in section 46306(d)(1), by striking ‘‘Commissioner of Cus8 toms’’ and inserting ‘‘Commissioner of U. S. Customs and Border 

9 Enforcement’’; 

10 (D) in section 46311— 

11 (i) by striking ‘‘, Under Secretary,’’ each place it appears; 

12 and 

13 (ii) in subsection (a), by striking ‘‘ the Under Secretary of 

14 Transportation for Security with respect to security duties 

15 and powers designated to be carried out by the Under Sec16 retary,’’; 

17 (E) in section 46313, by striking ‘‘the Under Secretary of 

18 Transportation for Security with respect to security duties and 

19 powers designated to be carried out by the Under Secretary or’’; 

20 and 

21 (F) in section 46316— 

22 (i) in subsection (a), by striking ‘‘the Under Secretary of 

23 Transportation for Security with respect to security duties 

24 and powers designated to be carried out by the Under Sec25 retary or’’; and 

26 (ii) in subsection (b), by striking ‘‘chapter 447 (except sec27 tion 44718(a)), and chapter 449 (except sections 44902, 

28 44903(d), 44904, and 44907–44909)’’ and inserting ‘‘and 

29 chapter 447 (except section 44718(a))’’. 

30 (m) TITLE 50, UNITED STATES CODE.—Title 50, United States Code, 

31 is amended as follows: 

32 (1) Section 1414(b) of the National Defense Authorization Act for 

33 Fiscal Year 1997 (50 U.S.C. 2314(b)) is amended by striking ‘‘section 

34 502(6) of the Homeland Security Act of 2002’’ and inserting ‘‘section 

35 11103(6) of title 6, United States Code,’’. 

36 (2) Section 1415(a)(2) of the National Defense Authorization Act for 

37 Fiscal Year 1997 (50 U.S.C. 2315(a)(2)) is amended by striking ‘‘sec38 tions 102(c) and 430(c)(1) of the Homeland Security Act of 2002’’ and 

39 inserting ‘‘sections 10323(b)(1) and 10331(h) of title 6, United States 

40 Code’’. 


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1 (3) Section 102A(f)(1)(B)(iii) of the Act of July 26, 1947 (50 

2 U.S.C. 3024(f)(1)(B)(iii)) is amended by striking ‘‘sections 201 and 

3 892 of the Homeland Security Act of 2002 (6 U.S.C. 121, 482)’’ and 

4 inserting ‘‘sections 10501 and 11707 of title 6, United States Code’’. 

5 SEC. 6. TRANSITIONAL AND SAVINGS PROVISIONS. 

6 (a) DEFINITIONS.—In this section: 

7 (2) RESTATED PROVISION.—The term ‘‘restated provision’’ means a 

8 provision of title 6, United States Code, that is enacted by section 3 

9 or 4. 

10 (2) SOURCE PROVISION.—The term ‘‘source provision’’ means a pro11 vision of law that is replaced by a restated provision. 

12 (b) CUTOFF DATE.—The restated provisions replace certain provisions of 

13 law enacted on or before May 8, 2017. If a law enacted after that date 

14 amends or repeals a source provision, that law is deemed to amend or re15 peal, as the case may be, the corresponding restated provision. If a law en16 acted after that date is otherwise inconsistent with a restated provision or 

17 a provision of this Act, that law supersedes the restated provision or provi18 sion of this Act to the extent of the inconsistency. 

19 (c) ORIGINAL DATE OF ENACTMENT UNCHANGED.—A restated provision 

20 is deemed to have been enacted on the date of enactment of the cor21 responding source provision. 

22 (d) REFERENCE TO RESTATED PROVISION.—A reference to a restated 

23 provision is deemed to refer to the corresponding source provision. 

24 (e) REFERENCE TO SOURCE PROVISION.—A reference to a source provi25 sion, including a reference in a regulation, order, or other law, is deemed 

26 to refer to the corresponding restated provision. 

27 (f) REGULATIONS, ORDERS, AND OTHER ADMINISTRATIVE ACTIONS.—A 

28 regulation, order, or other administrative action in effect under a source 

29 provision continues in effect under the corresponding restated provision. 

30 (g) ACTIONS TAKEN AND OFFENSES COMMITTED.—An action taken or 

31 an offense committed under a source provision is deemed to have been taken 

32 or committed under the corresponding restated provision. 

33 SEC. 7. REPEALS. 

34 The following provisions of law are repealed, except with respect to the 

35 rights and duties that matured, penalties that were incurred, or proceedings 

36 that were begun before the date of enactment of this Act: 

Schedule of Laws Repealed 

Statutes at Large 

Act Section United States Code Former 

Classification 

Act of March 3, 1927 (ch. 348) .............. 1 ............................................... 19 U.S.C. 2071.

3 ............................................... 19 U.S.C. 2073(b).

4 ............................................... 19 U.S.C. 2084.


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Schedule of Laws Repealed—Continued 

Statutes at Large 

Act Section United States Code Former 

Classification 

Act of August 10, 1956 (ch. 1041) ........ 43 ............................................. 6 U.S.C. 765.

Aviation and Transportation Security 

Act (Public Law 107–71) .................... 109 ........................................... 49 U.S.C. 114 note.

111(d) ...................................... 49 U.S.C. 44935 note.

Homeland Security Act of 2002 (Public 

Law 107–296) ..................................... 2 ............................................... 6 U.S.C. 101.

3 ............................................... 6 U.S.C. 102.

4 ............................................... 6 U.S.C. 101 note.

101 ........................................... 6 U.S.C. 111.

102 ........................................... 6 U.S.C. 112.

103 ........................................... 6 U.S.C. 113.

201 ........................................... 6 U.S.C. 121.

202 ........................................... 6 U.S.C. 122.

203 ........................................... 6 U.S.C. 124.

204 ........................................... 6 U.S.C. 124a.

205 ........................................... 6 U.S.C. 124b.

206 ........................................... 6 U.S.C. 124c.

207 ........................................... 6 U.S.C. 124d.

208 ........................................... 6 U.S.C. 124e.

209 ........................................... 6 U.S.C. 124f.

210 ........................................... 6 U.S.C. 124g.

210A ........................................ 6 U.S.C. 124h.

210B ........................................ 6 U.S.C. 124i.

210C ........................................ 6 U.S.C. 124j.

210D ........................................ 6 U.S.C. 124k.

210E ........................................ 6 U.S.C. 124l. 210F ........................................ 6 U.S.C. 124m.

212 ........................................... 6 U.S.C. 131.

213 ........................................... 6 U.S.C. 132.

214 ........................................... 6 U.S.C. 133.

215 ........................................... 6 U.S.C. 134.

221 ........................................... 6 U.S.C. 141.

222 ........................................... 6 U.S.C. 142.

223 ........................................... 6 U.S.C. 143.

224 ........................................... 6 U.S.C. 144.

225(a) through (c) ................... 6 U.S.C. 145(a) through (c).

225(d)(2) ................................. 6 U.S.C. 145(d)(2).

226 ........................................... 6 U.S.C. 147.

227 ........................................... 6 U.S.C. 148.

228 ........................................... 6 U.S.C. 149.

228A ........................................ 6 U.S.C. 149a.

229 ........................................... 6 U.S.C. 150.

230 ........................................... 6 U.S.C. 151.

301 ........................................... 6 U.S.C. 181.

302 ........................................... 6 U.S.C. 182.

303 ........................................... 6 U.S.C. 183.

304 ........................................... 6 U.S.C. 184.

305 ........................................... 6 U.S.C. 185.

306 ........................................... 6 U.S.C. 186.

307 ........................................... 6 U.S.C. 187.

308 ........................................... 6 U.S.C. 188.

309 ........................................... 6 U.S.C. 189.

310 ........................................... 6 U.S.C. 190.

311 ........................................... 6 U.S.C. 191.

312 ........................................... 6 U.S.C. 192.

313 ........................................... 6 U.S.C. 193.

314 ........................................... 6 U.S.C. 195.

315 ........................................... 6 U.S.C. 195a.

316 ........................................... 6 U.S.C. 195b.

317 ........................................... 6 U.S.C. 195c.

318 ........................................... 6 U.S.C. 195d.

319 ........................................... 6 U.S.C. 195e.

319 ........................................... 6 U.S.C. 195f.

402 ........................................... 6 U.S.C. 202.

403 ........................................... 6 U.S.C. 203.

411 ........................................... 6 U.S.C. 211.

412 ........................................... 6 U.S.C. 212.

413 ........................................... 6 U.S.C. 213.

414 ........................................... 6 U.S.C. 214.

415 ........................................... 6 U.S.C. 215.

417 ........................................... 6 U.S.C. 217.

421 ........................................... 6 U.S.C. 231.

422 ........................................... 6 U.S.C. 232.

423 ........................................... 6 U.S.C. 233.

424 ........................................... 6 U.S.C. 234.

427 ........................................... 6 U.S.C. 235.

428 ........................................... 6 U.S.C. 236.

429 ........................................... 6 U.S.C. 237.

430 ........................................... 6 U.S.C. 238.

431 ........................................... 6 U.S.C. 239.

432 ........................................... 6 U.S.C. 240.

433 ........................................... 6 U.S.C. 241.

441 ........................................... 6 U.S.C. 251.

442 ........................................... 6 U.S.C. 252.


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Schedule of Laws Repealed—Continued 

Statutes at Large 

Act Section United States Code Former 

Classification 

443 ........................................... 6 U.S.C. 253.

444 ........................................... 6 U.S.C. 254.

445 ........................................... 6 U.S.C. 255.

451 ........................................... 6 U.S.C. 271.

452 ........................................... 6 U.S.C. 272.

453 ........................................... 6 U.S.C. 273.

454 ........................................... 6 U.S.C. 274.

456 ........................................... 6 U.S.C. 275.

459 ........................................... 6 U.S.C. 276.

460 ........................................... 6 U.S.C. 277.

461 ........................................... 6 U.S.C. 278.

471 ........................................... 6 U.S.C. 291.

472 ........................................... 6 U.S.C. 292.

473 ........................................... 6 U.S.C. 293.

475 ........................................... 6 U.S.C. 295.

476 ........................................... 6 U.S.C. 296.

477 ........................................... 6 U.S.C. 297.

478(a) ...................................... 6 U.S.C. 298(a).

481 ........................................... 6 U.S.C. 301.

482 ........................................... 6 U.S.C. 301a.

483 ........................................... 6 U.S.C. 301b.

484 ........................................... 6 U.S.C. 301c.

501 ........................................... 6 U.S.C. 311.

502 ........................................... 6 U.S.C. 312.

503 ........................................... 6 U.S.C. 313.

504 ........................................... 6 U.S.C. 314.

505 ........................................... 6 U.S.C. 315.

506 ........................................... 6 U.S.C. 316.

507 ........................................... 6 U.S.C. 317.

508 ........................................... 6 U.S.C. 318.

509 ........................................... 6 U.S.C. 319.

510 ........................................... 6 U.S.C. 320.

511 ........................................... 6 U.S.C. 321.

512 ........................................... 6 U.S.C. 321a.

513 ........................................... 6 U.S.C. 321b.

514 ........................................... 6 U.S.C. 321c.

515 ........................................... 6 U.S.C. 321d.

516 ........................................... 6 U.S.C. 321e.

517 ........................................... 6 U.S.C. 321f.

518 ........................................... 6 U.S.C. 321g.

519 ........................................... 6 U.S.C. 321h.

521 ........................................... 6 U.S.C. 321j.

522 ........................................... 6 U.S.C. 321k.

523 ........................................... 6 U.S.C. 321l. 524 ........................................... 6 U.S.C. 321m.

525 ........................................... 6 U.S.C. 321n.

526 ........................................... 6 U.S.C. 321o. 527 ........................................... 6 U.S.C. 321p.

701 ........................................... 6 U.S.C. 341.

702 ........................................... 6 U.S.C. 342.

703 ........................................... 6 U.S.C. 343.

704 ........................................... 6 U.S.C. 344.

705 ........................................... 6 U.S.C. 345.

706 ........................................... 6 U.S.C. 346.

707 ........................................... 6 U.S.C. 347.

708 ........................................... 6 U.S.C. 348.

709 ........................................... 6 U.S.C. 349.

801 ........................................... 6 U.S.C. 361.

821 ........................................... 6 U.S.C. 381.

831 ........................................... 6 U.S.C. 391.

832 ........................................... 6 U.S.C. 392.

833 ........................................... 6 U.S.C. 393.

834 ........................................... 6 U.S.C. 394.

835 ........................................... 6 U.S.C. 395.

841(b) ...................................... 6 U.S.C. 411(b).

842 ........................................... 6 U.S.C. 412.

843 ........................................... 6 U.S.C. 413.

844 ........................................... 6 U.S.C. 414.

845 ........................................... 6 U.S.C. 415.

851 ........................................... 6 U.S.C. 421.

852 ........................................... 6 U.S.C. 422.

853 ........................................... 6 U.S.C. 423.

854 ........................................... 6 U.S.C. 424.

855 ........................................... 6 U.S.C. 425.

856 ........................................... 6 U.S.C. 426.

857 ........................................... 6 U.S.C. 427.

862 ........................................... 6 U.S.C. 441.

863 ........................................... 6 U.S.C. 442.

864 ........................................... 6 U.S.C. 443.

865 ........................................... 6 U.S.C. 444.

871 ........................................... 6 U.S.C. 451.

872 ........................................... 6 U.S.C. 452.

873 ........................................... 6 U.S.C. 453.

874 ........................................... 6 U.S.C. 454.

875 ........................................... 6 U.S.C. 455.

876 ........................................... 6 U.S.C. 456.

877 ........................................... 6 U.S.C. 457.


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Schedule of Laws Repealed—Continued 

Statutes at Large 

Act Section United States Code Former 

Classification 

878 ........................................... 6 U.S.C. 458.

879 ........................................... 6 U.S.C. 459.

881 ........................................... 6 U.S.C. 461.

882 ........................................... 6 U.S.C. 462.

883 ........................................... 6 U.S.C. 463.

884 ........................................... 6 U.S.C. 464.

885(a) ...................................... 6 U.S.C. 465(a).

887 ........................................... 6 U.S.C. 467.

888 ........................................... 6 U.S.C. 468.

890A ........................................ 6 U.S.C. 473.

892(a) through (c)(1), (c)(3) 

through (g).

6 U.S.C. 482(a) through 

(c)(1), (c)(3) through (g).

893 ........................................... 6 U.S.C. 483.

894 ........................................... 6 U.S.C. 484.

899A ........................................ 6 U.S.C. 488.

899B ........................................ 6 U.S.C. 488a.

899C ........................................ 6 U.S.C. 488b.

899D ........................................ 6 U.S.C. 488c.

899E ........................................ 6 U.S.C. 488d.

899F ........................................ 6 U.S.C. 488e.

899G ........................................ 6 U.S.C. 488f.

899H ....................................... 6 U.S.C. 488g.

899I ......................................... 6 U.S.C. 488h.

899J ........................................ 6 U.S.C. 488i.

901 ........................................... 6 U.S.C. 491.

902 ........................................... 6 U.S.C. 492.

903 ........................................... 6 U.S.C. 493.

904 ........................................... 6 U.S.C. 494.

905 ........................................... 6 U.S.C. 495.

906 ........................................... 6 U.S.C. 496.

1001(c)(1)(A), (2) ................... 6 U.S.C. 511(1)(A), (2).

1006 ......................................... 6 U.S.C. 512.

1502 ......................................... 6 U.S.C. 542.

1503 ......................................... 6 U.S.C. 543.

1511 ......................................... 6 U.S.C. 551.

1513 ......................................... 6 U.S.C. 553.

1514 ......................................... 6 U.S.C. 554.

1515 ......................................... 6 U.S.C. 555.

1601 ......................................... 6 U.S.C. 561.

1611 ......................................... 6 U.S.C. 563.

1612 ......................................... 6 U.S.C. 563a.

1613 ......................................... 6 U.S.C. 563b.

1614 ......................................... 6 U.S.C. 563c.

1615 ......................................... 6 U.S.C. 563d.

1616 ......................................... 6 U.S.C. 563e.

1714 ......................................... 6 U.S.C. 103.

1801 ......................................... 6 U.S.C. 571.

1802 ......................................... 6 U.S.C. 572.

1803 ......................................... 6 U.S.C. 573.

1804 ......................................... 6 U.S.C. 574.

1805 ......................................... 6 U.S.C. 575.

1806 ......................................... 6 U.S.C. 576.

1807 ......................................... 6 U.S.C. 577.

1808 ......................................... 6 U.S.C. 578.

1809 ......................................... 6 U.S.C. 579.

1901 ......................................... 6 U.S.C. 591.

1902 ......................................... 6 U.S.C. 592.

1903 ......................................... 6 U.S.C. 593.

1904 ......................................... 6 U.S.C. 594.

1905 ......................................... 6 U.S.C. 595.

1906 ......................................... 6 U.S.C. 596.

1907 ......................................... 6 U.S.C. 596a.

2001 ......................................... 6 U.S.C. 601.

2002 ......................................... 6 U.S.C. 603.

2003 ......................................... 6 U.S.C. 604.

2004 ......................................... 6 U.S.C. 605.

2005 ......................................... 6 U.S.C. 606.

2006 ......................................... 6 U.S.C. 607.

2007 ......................................... 6 U.S.C. 608.

2008 ......................................... 6 U.S.C. 609.

2021(a) through (c) ................. 6 U.S.C. 611(a) through (c).

2022 ......................................... 6 U.S.C. 612.

2023 ......................................... 6 U.S.C. 613.

2101 ......................................... 6 U.S.C. 621.

2102 ......................................... 6 U.S.C. 622.

2103 ......................................... 6 U.S.C. 623.

2104 ......................................... 6 U.S.C. 624.

2105 ......................................... 6 U.S.C. 625.

2106 ......................................... 6 U.S.C. 626.

2107 ......................................... 6 U.S.C. 627.

2108 ......................................... 6 U.S.C. 628.

2109 ......................................... 6 U.S.C. 629.

Department of Homeland Security Appropriations Act, 2004 (Public Law 

108–90) ............................................... 505 ........................................... 6 U.S.C. 453a.


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Schedule of Laws Repealed—Continued 

Statutes at Large 

Act Section United States Code Former 

Classification 

520 ........................................... 6 U.S.C. 469.

(2d proviso under heading 

‘‘SALARIES AND EXPENSES’’ 

under heading ‘‘FEDERAL LAW

ENFORCEMENT TRAINING

CENTER’’, 117 Stat. 1150).

6 U.S.C. 464b.

(3d proviso under heading 

‘‘SALARIES AND EXPENSES’’ 

under heading ‘‘FEDERAL LAW

ENFORCEMENT TRAINING

CENTER’’, 117 Stat. 1151).

6 U.S.C. 464c.

(4th proviso under heading 

‘‘SALARIES AND EXPENSES’’ UNDER HEADING ‘‘FEDERAL

LAW ENFORCEMENT TRAINING

CENTER’’, 117 Stat. 1151).

6 U.S.C. 464d.

(last proviso under heading 

‘‘SALARIES AND EXPENSES’’ 

under heading ‘‘FEDERAL LAW

ENFORCEMENT TRAINING

CENTER’’, 117 Stat. 1151).

6 U.S.C. 464e.

Department of Homeland Security Appropriations Act, 2005 (Public Law 

108–334) ............................................. 515(b) ...................................... 49 U.S.C. 44945 note.

Intelligence Reform and Terrorism Prevention Act of 2004 (Public Law 108– 

458) ..................................................... 1016 ......................................... 6 U.S.C. 485.

4015(a) .................................... 49 U.S.C. 44935 note.

4016 ......................................... 49 U.S.C. 44917 note.

7215 ......................................... 6 U.S.C. 123.

7303(a) through (c), (e) 

through (g), (i)(1).

6 U.S.C. 194(a) through (c), 

(e) through (g), (i)(1).

7405 ......................................... 6 U.S.C. 112 note.

8306 ......................................... 6 U.S.C. 112 note.

Department of Homeland Security Appropriations Act, 2006 (Public Law 

109–90) ............................................... 503(e) ...................................... 6 U.S.C. 103 note.

514 ........................................... 49 U.S.C. 114 note.

537 ........................................... 6 U.S.C. 114.

540 ........................................... 49 U.S.C. 114 note.

541 ........................................... 6 U.S.C. 486.

Department of Homeland Security Appropriations Act, 2007 (Public Law 

109–295) ............................................. 532 ........................................... 6 U.S.C. 382.

558 ........................................... 6 U.S.C. 981a.

602 ........................................... 6 U.S.C. 701.

624 ........................................... 6 U.S.C. 711.

632 ........................................... 6 U.S.C. 721.

634 ........................................... 6 U.S.C. 722.

635 ........................................... 6 U.S.C. 723.

636 ........................................... 6 U.S.C. 724.

637 ........................................... 6 U.S.C. 725.

639 ........................................... 6 U.S.C. 726.

640 ........................................... 6 U.S.C. 727.

640a ......................................... 6 U.S.C. 728.

641 ........................................... 6 U.S.C. 741.

642 ........................................... 6 U.S.C. 742.

643 ........................................... 6 U.S.C. 743.

644 ........................................... 6 U.S.C. 744.

645 ........................................... 6 U.S.C. 745.

646 ........................................... 6 U.S.C. 746.

647 ........................................... 6 U.S.C. 747.

648 ........................................... 6 U.S.C. 748.

649 ........................................... 6 U.S.C. 749.

650 ........................................... 6 U.S.C. 750.

651 ........................................... 6 U.S.C. 751.

652 ........................................... 6 U.S.C. 752.

653 ........................................... 6 U.S.C. 753.

654 ........................................... 6 U.S.C. 754.

661 ........................................... 6 U.S.C. 761.

662 ........................................... 6 U.S.C. 762.

663 ........................................... 6 U.S.C. 763.

664 ........................................... 6 U.S.C. 764.

675 ........................................... 6 U.S.C. 571 note.

682 ........................................... 6 U.S.C. 771.

683 ........................................... 6 U.S.C. 772.

689(a) ...................................... 6 U.S.C. 773.

689b(a), (b), (d) ...................... 6 U.S.C. 774(a), (b), (d).

689c ......................................... 6 U.S.C. 775.


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Schedule of Laws Repealed—Continued 

Statutes at Large 

Act Section United States Code Former 

Classification 

689i .......................................... 6 U.S.C. 776.

689j ......................................... 6 U.S.C. 777.

691 ........................................... 6 U.S.C. 791.

692 ........................................... 6 U.S.C. 792.

693 ........................................... 6 U.S.C. 793.

695 ........................................... 6 U.S.C. 794.

696(a), (b) ............................... 6 U.S.C. 795.

697 ........................................... 6 U.S.C. 796.

698 ........................................... 6 U.S.C. 797.

699 ........................................... 6 U.S.C. 811.

Security and Accountability for Every 

Port Act of 2006 or SAFE Port Act 

(Public Law 109–347) ........................ 2 ............................................... 6 U.S.C. 901.

114 ........................................... 6 U.S.C. 912.

115 ........................................... 6 U.S.C. 913.

121 ........................................... 6 U.S.C. 921.

122 ........................................... 6 U.S.C. 922.

123 ........................................... 6 U.S.C. 923.

125 ........................................... 6 U.S.C. 924.

126 ........................................... 6 U.S.C. 925.

128 ........................................... 6 U.S.C. 926.

201 ........................................... 6 U.S.C. 941.

202 ........................................... 6 U.S.C. 942.

203 ........................................... 6 U.S.C. 943.

204 ........................................... 6 U.S.C. 944.

205 ........................................... 6 U.S.C. 945.

211 ........................................... 6 U.S.C. 961.

212 ........................................... 6 U.S.C. 962.

213 ........................................... 6 U.S.C. 963.

214 ........................................... 6 U.S.C. 964.

215 ........................................... 6 U.S.C. 965.

216 ........................................... 6 U.S.C. 966.

217 ........................................... 6 U.S.C. 967.

218 ........................................... 6 U.S.C. 968.

219 ........................................... 6 U.S.C. 969.

220 ........................................... 6 U.S.C. 970.

221 ........................................... 6 U.S.C. 971.

222 ........................................... 6 U.S.C. 972.

223 ........................................... 6 U.S.C. 973.

231 ........................................... 6 U.S.C. 981.

232 ........................................... 6 U.S.C. 982.

233(a) ...................................... 6 U.S.C. 983.

235 ........................................... 6 U.S.C. 984.

236 ........................................... 6 U.S.C. 985.

301(b) ...................................... 6 U.S.C. 1001.

301(c) ...................................... 6 U.S.C. 239 note.

302(c) ...................................... 6 U.S.C. 1002.

303 ........................................... 6 U.S.C. 1003.

401 ........................................... 6 U.S.C. 115.

502 ........................................... 6 U.S.C. 592a.

612 ........................................... 6 U.S.C. 314a.

702 ........................................... 6 U.S.C. 470.

707 ........................................... 6 U.S.C. 220.

U.S. Troop Readiness, Veterans’ Care, 

Katrina Recovery, and Iraq Accountability Appropriations Act, 2007 (Public Law 110–28) .................................. 6405 ......................................... 6 U.S.C. 396.

Implementing Recommendations of the 

9/11 Commission Act of 2007 (Public 

Law 110–53) ....................................... 502(b) ...................................... 6 U.S.C. 124a note.

1104 ......................................... 6 U.S.C. 921a.

1201 ......................................... 6 U.S.C. 1101.

1203(b) .................................... 49 U.S.C. 114 note.

1204 ......................................... 6 U.S.C. 1102.

1205 ......................................... 6 U.S.C. 1103.

1206 ......................................... 6 U.S.C. 1104.

1301 ......................................... 6 U.S.C. 1111.

1303 ......................................... 6 U.S.C. 1112.

1304 ......................................... 6 U.S.C. 1113.

1305 ......................................... 6 U.S.C. 1114.

1306 ......................................... 6 U.S.C. 1115.

1307 ......................................... 6 U.S.C. 1116.

1310 ......................................... 6 U.S.C. 1117.

1402 ......................................... 6 U.S.C. 1131.

1404 ......................................... 6 U.S.C. 1133.

1405 ......................................... 6 U.S.C. 1134.

1406 ......................................... 6 U.S.C. 1135.

1407 ......................................... 6 U.S.C. 1136.

1408 ......................................... 6 U.S.C. 1137.

1409 ......................................... 6 U.S.C. 1138.

1410 ......................................... 6 U.S.C. 1139.


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Statutes at Large 

Act Section United States Code Former 

Classification 

1411 ......................................... 6 U.S.C. 1140.

1412 ......................................... 6 U.S.C. 1141.

1413 ......................................... 6 U.S.C. 1142.

1414 ......................................... 6 U.S.C. 1143.

1415 ......................................... 6 U.S.C. 1144.

1501 ......................................... 6 U.S.C. 1151.

1502 ......................................... 6 U.S.C. 1152.

1503 ......................................... 6 U.S.C. 1153.

1504 ......................................... 6 U.S.C. 1154.

1511 ......................................... 6 U.S.C. 1161.

1512 ......................................... 6 U.S.C. 1162.

1513 ......................................... 6 U.S.C. 1163.

1514 ......................................... 6 U.S.C. 1164.

1515 ......................................... 6 U.S.C. 1165.

1516 ......................................... 6 U.S.C. 1166.

1517 ......................................... 6 U.S.C. 1167.

1518 ......................................... 6 U.S.C. 1168.

1519 ......................................... 6 U.S.C. 1169.

1522 ......................................... 6 U.S.C. 1170.

1524 ......................................... 6 U.S.C. 1171.

1526(b) .................................... 6 U.S.C. 1172.

1531 ......................................... 6 U.S.C. 1181.

1532 ......................................... 6 U.S.C. 1182.

1533 ......................................... 6 U.S.C. 1183.

1534 ......................................... 6 U.S.C. 1184.

1535 ......................................... 6 U.S.C. 1185.

1541 ......................................... 6 U.S.C. 1186.

1551 ......................................... 6 U.S.C. 1201.

1552 ......................................... 6 U.S.C. 1202.

1553 ......................................... 6 U.S.C. 1203.

1554 ......................................... 6 U.S.C. 1204.

1555 ......................................... 6 U.S.C. 1205.

1556(b) .................................... 6 U.S.C. 1206.

1557 ......................................... 6 U.S.C. 1207.

1558 ......................................... 6 U.S.C. 1208.

2205 ......................................... 6 U.S.C. 194 note.

2403 ......................................... 6 U.S.C. 121 note.

Border Infrastructure and Technology 

Modernization Act of 2007 (Public 

Law 110–161) ..................................... 602 ........................................... 6 U.S.C. 1401.

606 ........................................... 6 U.S.C. 1405.

American Recovery and Reinvestment 

Act of 2009 (Public Law 111–5) ........ 604 ........................................... 6 U.S.C. 453b.

Department of Homeland Security Appropriations Act, 2010 (Public Law 

111–83) ............................................... 554 ........................................... 6 U.S.C. 469a.

Coast Guard Authorization Act of 2010 

(Public Law 111–281) ........................ 825 ........................................... 6 U.S.C. 945 note.

Anti-Border Corruption Act of 2010 

(Public Law 111–376) ........................ 3 ............................................... 6 U.S.C. 221.

Consolidated Appropriations Act, 2012 

(Public Law 112–74) .......................... 526 ........................................... 6 U.S.C. 453c.

538 ........................................... 6 U.S.C. 190 note.

546 ........................................... 6 U.S.C. 124j note.

557 ........................................... 6 U.S.C. 222.

(last provision in paragraph 

under heading 

‘‘CONSTRUCTION AND

FACILITIES MANAGEMENT’’, 

125 Stat. 949).

6 U.S.C. 214 note.

National Defense Authorization Act for 

Fiscal Year 2012 (Public Law 112– 

81) ....................................................... 1090 ......................................... 6 U.S.C. 121 note.

Border Tunnel Prevention Act of 2012 

(Public Law 112–127) ........................ 8 ............................................... 6 U.S.C. 257.

Intelligence Authorization Act for Fiscal 

Year 2013 (Public Law 112–277) ...... 501 ........................................... 6 U.S.C. 121a.


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Schedule of Laws Repealed—Continued 

Statutes at Large 

Act Section United States Code Former 

Classification 

Department of Homeland Security Appropriations Act, 2013 (Public Law 

113–6) ................................................. div. D, title III, last proviso on 

p. 359.

6 U.S.C. 763a.

div. D, title V, § 540 ................ 6 U.S.C. 416.

Department of Homeland Security Appropriation Act, 2014 (Public Law 

113–76) ............................................... div. F, title V, § 569 ................ 6 U.S.C. 471.

Cybersecurity Workforce Assessment Act 

(Public Law 113–246) ........................ 2 ............................................... 6 U.S.C. 146 note.

3 ............................................... 6 U.S.C. 146.

Protecting and Securing Chemical Facilities from Terrorist Attacks Act of 

2014 (Public Law 113–254) ............... 5 ............................................... 6 U.S.C. 621 note.

Homeland Security Cybersecurity Workforce Assessment Act (Public Law 

113–277) ............................................. 4(b) through (e) ...................... 6 U.S.C. 146 note.

National Cybersecurity Protection Act of 

2014 (Public Law 113–282) ............... 8 ............................................... 6 U.S.C. 148 note.

Intelligence Authorization Act for Fiscal 

Year 2015 (Public Law 113–293) ...... 324 ........................................... 6 U.S.C. 125.

Department of Homeland Security Appropriations Act, 2015 (Public Law 

114–4) ................................................. 562 ........................................... 6 U.S.C. 472.

Justice for Victims of Trafficking Act of 

2015 (Public Law 114–22) ................. 901 ........................................... 6 U.S.C. 641.

902 ........................................... 6 U.S.C. 642.

903 ........................................... 6 U.S.C. 643.

904 ........................................... 6 U.S.C. 644.

Department of Homeland Security Interoperable Communications Act (Public 

Law 114–29) ....................................... 2 ............................................... 6 U.S.C. 194 note.

3 ............................................... 6 U.S.C. 194 note, 341.

4 through 6 ............................. 6 U.S.C. 194 note.

Border Jobs for Veterans Act of 2015 

(Public Law 114–68) .......................... 3 through 6 .............................. 6 U.S.C. 211 note.

Federal Cybersecurity Enhancement Act 

of 2015 (Public Law 114–113) ........... div. N, title I, § 102 ................. 6 U.S.C. 1501.

div. N, title I, § 103 ................. 6 U.S.C. 1502.

div. N, title I, § 104 ................. 6 U.S.C. 1503.

div. N, title I, § 105 ................. 6 U.S.C. 1504.

div. N, title I, § 106 ................. 6 U.S.C. 1505.

div. N, title I, § 107 ................. 6 U.S.C. 1506.

div. N, title I, § 108 ................. 6 U.S.C. 1507.

div. N, title I, § 109 ................. 6 U.S.C. 1508.

div. N, title I, § 110 ................. 6 U.S.C. 1509.

div. N, title I, § 111 ................. 6 U.S.C. 1510.

div. N, title II, § 222 ............... 6 U.S.C. 1521.

div. N, title II, § 223(b) .......... 6 U.S.C. 151 note.

div. N, title II, § 224 ............... 6 U.S.C. 1522.

div. N, title II, § 225 ............... 6 U.S.C. 1523.

div. N, title II, § 226 ............... 6 U.S.C. 1524.

div. N, title II, § 227 ............... 6 U.S.C. 1525.

div. N, title IV, § 403 .............. 6 U.S.C. 1531.

div. N, title IV, § 404 .............. 6 U.S.C. 1532.

div. N, title IV, § 405 .............. 6 U.S.C. 1533.

Trade Facilitation and Trade Enforcement Act of 2015 (Public Law 114– 

125) ..................................................... title VIII, § 802(j) ................... 8 U.S.C. 1185 note.


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Statutes at Large 

Act Section United States Code Former 

Classification 

National Defense Authorization Act for 

Fiscal Year 2017 (Public Law 114– 

328) ..................................................... div. A, title X, § 1086 .............. 6 U.S.C. 104.

div. A, title X, § 1092 .............. 6 U.S.C. 223.

United States Code 

Title Section 

49 ................................................................. 114 

...................................................................... 115 

...................................................................... 44901 

...................................................................... 44902 

...................................................................... 44903 

...................................................................... 44904 

...................................................................... 44905 

...................................................................... 44906 

...................................................................... 44907 

...................................................................... 44908 

...................................................................... 44909 

...................................................................... 44910 

...................................................................... 44911 

...................................................................... 44912 

...................................................................... 44913 

...................................................................... 44914 

...................................................................... 44915 

...................................................................... 44916 

...................................................................... 44917 

...................................................................... 44918 

...................................................................... 44919 

...................................................................... 44920 

...................................................................... 44921 

...................................................................... 44922 

...................................................................... 44923 

...................................................................... 44924 

...................................................................... 44925 

...................................................................... 44926 

...................................................................... 44927 

...................................................................... 44928 

...................................................................... 44933 

...................................................................... 44934 

...................................................................... 44935 

...................................................................... 44936 

...................................................................... 44937 

...................................................................... 44938 

...................................................................... 44939 

...................................................................... 44940 

...................................................................... 44941 

...................................................................... 44942 

...................................................................... 44943 

...................................................................... 44944 

...................................................................... 44945 

...................................................................... 44946 

Æ 


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