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[Congressional Bills 115th Congress]
[From the U.S. Government Publishing Office]
[H.R. 6063 Introduced in House (IH)]

<DOC>

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.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

SECTION 1. TABLE OF CONTENTS.

  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.

SEC. 2. PURPOSES; CONFORMITY WITH ORIGINAL INTENT.

  (a) Purposes.--The purposes of this Act are--
          (1) to enact certain existing laws relating to domestic 
        security as title 6, United States Code, ``Domestic Security''; 
        and
          (2) to make technical amendments to improve the United States 
        Code.
  (b) Conformity With Original Intent.--In the codification of laws by 
this Act, the intent is to conform to the understood policy, intent, 
and purpose of Congress in the original enactments, with such 
amendments and corrections as will remove ambiguities, contradictions, 
and other imperfections, in accordance with section 205(c)(1) of House 
Resolution No. 988, 93d Congress, as enacted into law by Public Law 93-
554 (2 U.S.C. 285b(1)).

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

  Certain existing laws of the United States relating to domestic 
security are enacted as title 6, United States Code, ``Domestic 
Security'', as follows:

                       TITLE 6--DOMESTIC SECURITY

Subtitle I--Homeland Security Organization
Chap.                                                               Sec.

General............................................................10101

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

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

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

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

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

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

Management.........................................................11501

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

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

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

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

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

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

Subtitle II--National Emergency Management
General............................................................20101

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

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

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

Subtitle III--Port Security and Accountability
General............................................................30101

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

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

Administration.....................................................30701

Subtitle IV--Transportation Security
General............................................................40101

Transportation Security Planning, Information Sharing, and Enhancem40301

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

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

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

               Subtitle I--Homeland Security Organization

                          Chapter 101--General

Sec.
10101.  Definitions.
10102.  Construction; relationship to other laws.
Sec. 10101. Definitions
  In this subtitle:
          (1) American homeland; homeland.--Each of the terms 
        ``American homeland'' and ``homeland'' means the United States.
          (2) Appropriate congressional committee.--The term 
        ``appropriate congressional committee'' means a committee of 
        the House of Representatives or the Senate having legislative 
        or oversight jurisdiction under the Rules of the House of 
        Representatives or the Senate, respectively, over the matter 
        concerned.
          (3) Assets.--The term ``assets'' includes contracts, 
        facilities, property, records, unobligated or unexpended 
        balances of appropriations, and other funds or resources (other 
        than personnel).
          (4) Critical infrastructure.--The term ``critical 
        infrastructure'' has the meaning given the term in subsection 
        (e) of the Critical Infrastructures Protection Act of 2001 (42 
        U.S.C. 5195c(e)).
          (5) Department.--The term ``Department'' means the Department 
        of Homeland Security.
          (6) Emergency response providers.--The term ``emergency 
        response providers'' includes Federal, State, and local 
        governmental and nongovernmental emergency public safety, fire, 
        law enforcement, emergency response, emergency medical 
        (including hospital emergency facilities), and related 
        personnel, agencies, and authorities.
          (7) EMP.--The term ``EMP'' means an electromagnetic pulse 
        caused by a nuclear device or nonnuclear device, including an 
        electromagnetic pulse caused by an act of terrorism.
          (8) Executive agency.--The term ``executive agency'' means an 
        executive agency and a military department, as defined, 
        respectively, in sections 105 and 102 of title 5.
          (9) Functions.--The term ``functions'' includes authorities, 
        powers, rights, privileges, immunities, programs, projects, 
        activities, duties, and responsibilities.
          (10) GMD.--The term ``GMD'' means a geomagnetic disturbance 
        caused by a solar storm or another naturally occurring 
        phenomenon.
          (11) Intelligence component of the department.--The term 
        ``intelligence component of the Department'' means an element 
        or entity of the Department that collects, gathers, processes, 
        analyzes, produces, or disseminates intelligence information 
        within the scope of the information sharing environment, 
        including homeland security information, terrorism information, 
        and weapons of mass destruction information, or national 
        intelligence (as defined under section 3 of the National 
        Security Act of 1947 (50 U.S.C. 3003)), except--
                  (A) the United States Secret Service; and
                  (B) the Coast Guard, when operating under the direct 
                authority of the Secretary of Defense or Secretary of 
                the Navy under section 3 of title 14, except that 
                nothing in this paragraph shall affect or diminish the 
                authority and responsibilities of the Commandant of the 
                Coast Guard to command or control the Coast Guard as an 
                armed force or the authority of the Director of 
                National Intelligence with respect to the Coast Guard 
                as an element of the intelligence community (as defined 
                under section 3 of the National Security Act of 1947 
                (50 U.S.C. 3003)).
          (12) Key resources.--The term ``key resources'' means 
        publicly or privately controlled resources essential to the 
        minimal operations of the economy and government.
          (13) Local government.--The term ``local government'' means--
                  (A) a county, municipality, city, town, township, 
                local public authority, school district, special 
                district, intrastate district, council of governments 
                (regardless of whether the council of governments is 
                incorporated as a nonprofit corporation under State 
                law), regional or interstate government entity, or 
                agency or instrumentality of a local government;
                  (B) an Indian tribe or authorized tribal 
                organization, or in Alaska a Native village or Alaska 
                Regional Native Corporation; and
                  (C) a rural community, unincorporated town or 
                village, or other public entity.
          (14) Major disaster.--The term ``major disaster'' has the 
        meaning given the term in section 102 of the Robert T. Stafford 
        Disaster Relief and Emergency Assistance Act (42 U.S.C. 5122).
          (15) Personnel.--The term ``personnel'' means officers and 
        employees.
          (16) Secretary.--The term ``Secretary'' means the Secretary 
        of Homeland Security.
          (17) State.--The term ``State'' means a State, the District 
        of Columbia, Puerto Rico, the Virgin Islands, Guam, American 
        Samoa, the Northern Mariana Islands, and a possession of the 
        United States.
          (18) Terrorism.--The term ``terrorism'' means an activity 
        that--
                  (A) involves an act that--
                          (i) is dangerous to human life or potentially 
                        destructive of critical infrastructure or key 
                        resources; and
                          (ii) is a violation of the criminal laws of 
                        the United States or of a State or other 
                        subdivision of the United States; and
                  (B) appears to be intended--
                          (i) to intimidate or coerce a civilian 
                        population;
                          (ii) to influence the policy of a government 
                        by intimidation or coercion; or
                          (iii) to affect the conduct of a government 
                        by mass destruction, assassination, or 
                        kidnapping.
          (19) United states.--The term ``United States'' means the 
        States, the District of Columbia, Puerto Rico, the Virgin 
        Islands, Guam, American Samoa, the Northern Mariana Islands, a 
        possession of the United States, and waters in the jurisdiction 
        of the United States.
          (20) Voluntary preparedness standards.--The term ``voluntary 
        preparedness standards'' means a common set of criteria for 
        preparedness, disaster management, emergency management, and 
        business continuity programs, such as the American National 
        Standards Institute's National Fire Protection Association 
        Standard on Disaster/Emergency Management and Business 
        Continuity Programs (ANSI/NFPA 1600).
Sec. 10102. Construction; relationship to other laws
  (a) Construction; Severability.--A provision of this subtitle held to 
be invalid or unenforceable by its terms, or as applied to a person or 
circumstance, shall be construed so as to give it the maximum effect 
permitted by law, unless the holding shall be one of utter invalidity 
or unenforceability, in which event the provision shall be deemed 
severable from this subtitle and shall not affect the remainder of the 
subtitle, or the application of the provision to other persons not 
similarly situated or to other, dissimilar circumstances.
  (b) Relationship to Other Laws.--
          (1) National security responsibilities.--Nothing in this 
        subtitle (or an amendment made by the Homeland Security Act of 
        2002 (Public Law 107-296, 116 Stat. 2135)) shall supersede any 
        authority of the Secretary of Defense, the Director of Central 
        Intelligence, or other agency head, as authorized by law and as 
        directed by the President, with regard to the operation, 
        control, or management of national security systems, as defined 
        by section 3552(b)(6) of title 44.
          (2) Atomic energy act of 1954.--Nothing in this subtitle 
        shall supersede any requirement made by or under the Atomic 
        Energy Act of 1954 (42 U.S.C. 2011 et seq.). Restricted data or 
        formerly restricted data shall be handled, protected, 
        classified, downgraded, and declassified in conformity with the 
        Atomic Energy Act of 1954 (42 U.S.C. 2011 et seq.).
          (3) Standards and technology act.--Nothing in this subtitle 
        (or an amendment made by the Homeland Security Act of 2002 
        (Public Law 107-296, 116 Stat. 2135)) affects the authority of 
        the National Institute of Standards and Technology or the 
        Department of Commerce relating to the development and 
        promulgation of standards or guidelines under paragraphs (1) 
        and (2) of section 20(a) of the National Institute of Standards 
        and Technology Act (15 U.S.C. 278g-3(a)(1), (2)).
          (4) Immigration and nationality law.--Nothing in the 
        definition of ``United States'' in section 10101 of this title 
        or another provision of this subtitle shall be construed to 
        modify the definition of ``United States'' for the purposes of 
        the Immigration and Nationality Act (8 U.S.C. 1101 et seq.) or 
        any other immigration or nationality law.

              Chapter 103--Department of Homeland 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.
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.

                       Subchapter I--Organization

Sec. 10301. Establishment; mission; seal
  (a) Establishment.--The Department of Homeland Security is an 
executive department of the United States within the meaning of title 
5.
  (b) Mission.--
          (1) In general.--The primary mission of the Department is 
        to--
                  (A) prevent terrorist attacks within the United 
                States;
                  (B) reduce the vulnerability of the United States to 
                terrorism;
                  (C) minimize the damage, and assist in the recovery, 
                from terrorist attacks that do occur within the United 
                States;
                  (D) carry out all functions of entities transferred 
                to the Department, including by acting as a focal point 
                regarding natural and manmade crises and emergency 
                planning;
                  (E) ensure that the functions of the agencies and 
                subdivisions in the Department that are not related 
                directly to securing the homeland are not diminished or 
                neglected except by a specific explicit Act of 
                Congress;
                  (F) ensure that the overall economic security of the 
                United States is not diminished by efforts, activities, 
                and programs aimed at securing the homeland;
                  (G) ensure that the civil rights and civil liberties 
                of persons are not diminished by efforts, activities, 
                and programs aimed at securing the homeland; and
                  (H) monitor connections between illegal drug 
                trafficking and terrorism, coordinate efforts to sever 
                the connections, and otherwise contribute to efforts to 
                interdict illegal drug trafficking.
          (2) Responsibility for investigating and prosecuting 
        terrorism.--Except as specifically provided by law with respect 
        to entities transferred to the Department under this subtitle, 
        primary responsibility for investigating and prosecuting acts 
        of terrorism shall be vested not in the Department, but rather 
        in Federal, State, and local law enforcement agencies with 
        jurisdiction over the acts in question.
  (c) Seal.--The Department has a seal. The design of the seal is 
subject to the approval of the President.
Sec. 10302. Secretary and other officers
  (a) Secretary.--The Secretary of Homeland Security is the head of the 
Department. The Secretary is appointed by the President, by and with 
the advice and consent of the Senate.
  (b) Deputy Secretary, Under Secretaries, Administrator, Directors, 
Assistant Secretaries, and General Counsel.--
          (1) In general.--Except as provided in paragraph (2), the 
        Department has the following officers, appointed by the 
        President, by and with the advice and consent of the Senate:
                  (A) Deputy Secretary of Homeland Security, who shall 
                be the Secretary's first assistant for purposes of 
                subchapter III of chapter 33 of title 5.
                  (B) Under Secretary for Science and Technology.
                  (C) Commissioner of U.S. Customs and Border 
                Protection.
                  (D) Administrator of the Federal Emergency Management 
                Agency.
                  (E) Director of U.S. Citizenship and Immigration 
                Services.
                  (F) Under Secretary for Management, who shall be 1st 
                assistant to the Deputy Secretary of Homeland Security 
                for purposes of chapter 33 of title 5.
                  (G) Director of U.S. Immigration and Customs 
                Enforcement.
                  (H) Under Secretary responsible for overseeing 
                critical infrastructure protection, cybersecurity, and 
                other related programs of the Department.
                  (I) Not more than 12 Assistant Secretaries.
                  (J) General Counsel, who is the chief legal officer 
                of the Department.
                  (K) Under Secretary for Strategy, Policy, and Plans.
          (2) Assistant secretaries.--If any of the Assistant 
        Secretaries referred to under paragraph (1)(I) is designated to 
        be the Assistant Secretary for Health Affairs, the Assistant 
        Secretary for Legislative Affairs, or the Assistant Secretary 
        for Public Affairs, that Assistant Secretary shall be appointed 
        by the President without the advice and consent of the Senate.
          (3) Assistant secretary for cybersecurity and 
        communications.--There is in the Department an Assistant 
        Secretary for Cybersecurity and Communications.
          (4) United states fire administrator.--The Administrator of 
        the United States Fire Administration shall have a rank 
        equivalent to an assistant secretary of the Department.
  (c) Inspector General.--There is in the Department the Office of 
Inspector General and an Inspector General at the head of the office, 
as provided in the Inspector General Act of 1978 (5 U.S.C. App.).
  (d) Commandant of the Coast Guard.--To assist the Secretary in the 
performance of the Secretary's functions, there is a Commandant of the 
Coast Guard, who shall be appointed as provided in section 44 of title 
14, and who shall report directly to the Secretary. In addition to 
duties provided in this subtitle and as assigned to the Commandant by 
the Secretary, the duties of the Commandant shall include those 
required by section 2 of title 14.
  (e) Chief Financial Officer.--There is in the Department a Chief 
Financial Officer, as provided in chapter 9 of title 31.
  (f) Chief Medical Officer.--There is in the Department a Chief 
Medical Officer. The Chief Medical Officer is appointed by the 
President. The individual appointed as Chief Medical Officer shall 
possess a demonstrated ability in and knowledge of medicine and public 
health.
  (g) Chief Human Capital Officer.--There is in the Department a Chief 
Human Capital Officer.
  (h) Other Officers.--To assist the Secretary in the performance of 
the Secretary's functions, there are the following officers, appointed 
by the President:
          (1) Director of the Secret Service.
          (2) Chief Information Officer.
          (3) Officer for Civil Rights and Civil Liberties.
          (4) Director for Domestic Nuclear Detection.
          (5) Any Director of a Joint Task Force under section 11508 of 
        this title.
  (i) Absence, Disability, or Vacancy of Secretary or Deputy Secretary 
and Further Order of Succession.--
          (1) Absence, disability, or vacancy of secretary or deputy 
        secretary.--
                  (A) Under secretary for management to serve as acting 
                secretary.--Notwithstanding chapter 33 of title 5, the 
                Under Secretary for Management shall serve as the 
                Acting Secretary if by reason of absence, disability, 
                or vacancy in office, neither the Secretary nor the 
                Deputy Secretary is available to exercise the duties of 
                the Secretary.
                  (B) Notification of vacancies.--The Secretary shall 
                notify the Committee on Homeland Security and 
                Governmental Affairs of the Senate and the Committee on 
                Homeland Security of the House of Representatives of 
                any vacancies that require notification under sections 
                3345 through 3349d of title 5.
          (2) Further order of succession.--Notwithstanding chapter 33 
        of title 5, the Secretary may designate other officers of the 
        Department in further order of succession to serve as Acting 
        Secretary.
Sec. 10303. Office of Intelligence and Analysis
  (a) In General.--There is in the Department the Office of 
Intelligence and Analysis. The Under Secretary for Intelligence and 
Analysis is the head of the Office. The Under Secretary is appointed by 
the President, by and with the advice and consent of the Senate, and 
serves as the Chief Intelligence Officer of the Department.
  (b) Homeland Security Intelligence Program.--The Homeland Security 
Intelligence Program in the Department coordinates the intelligence 
activities of the Office of Intelligence and Analysis that serve 
predominantly department missions.
Sec. 10304. Office of Infrastructure Protection
  There is in the Department the Office of Infrastructure Protection. 
The Assistant Secretary for Infrastructure Protection is the head of 
the Office. The Assistant Secretary is appointed by the President.
Sec. 10305. Directorate of Science and Technology
  There is in the Department the Directorate of Science and Technology. 
The Under Secretary for Science and Technology is the head of the 
Directorate.
Sec. 10306. U.S. Customs and Border Protection
  (a) Definitions.--In this section, the terms ``commercial 
operations'', ``customs and trade laws of the United States'', ``trade 
enforcement'', and ``trade facilitation'' have the meanings given the 
terms in section 2 of the Trade Facilitation and Trade Enforcement Act 
of 2015 (19 U.S.C. 4301).
  (b) In General.--There is in the Department an agency known as U.S. 
Customs and Border Protection.
  (c) Commissioner.--
          (1) Head of u.s. customs and border protection.--The 
        Commissioner of U.S. Customs and Border Protection (in this 
        section referred to as the ``Commissioner'') is the head of 
        U.S. Customs and Border Protection.
          (2) Committee referral of nomination.--As an exercise of the 
        rulemaking power of the Senate, a nomination for the 
        Commissioner submitted to the Senate for confirmation and 
        referred to a committee shall be referred to the Committee on 
        Finance.
  (d) Deputy Commissioner.--U.S. Customs and Border Protection has a 
Deputy Commissioner. The Deputy Commissioner shall assist the 
Commissioner in the management of U.S. Customs and Border Protection.
  (e) U.S. Border Patrol.--
          (1) In general.--There is in U.S. Customs and Border 
        Protection the U.S. Border Patrol.
          (2) Chief.-The Chief of the U.S. Border Patrol is the head of 
        the U.S. Border Patrol. The Chief of the U.S. Border Patrol 
        shall report to the Commissioner.
          (3) Duties.--The U.S. Border Patrol shall--
                  (A) serve as the law enforcement officer of U.S. 
                Customs and Border Protection with primary 
                responsibility for interdicting individuals attempting 
                to illegally enter or exit the United States or goods 
                being illegally imported into or exported from the 
                United States at a place other than a designated port 
                of entry;
                  (B) deter and prevent illegal entry of terrorists, 
                terrorist weapons, persons, and contraband; and
                  (C) carry out other duties and powers prescribed by 
                the Commissioner.
  (f) Office of Air and Marine Operations.--
          (1) In general.--There is in U.S. Customs and Border 
        Protection an Office of Air and Marine Operations.
          (2) Assistant commissioner.--An Assistant Commissioner is the 
        head of the Office of Air and Marine Operations. The Assistant 
        Commissioner shall report to the Commissioner.
          (3) Duties.--The Office of Air and Marine Operations shall--
                  (A) serve as the law enforcement office in U.S. 
                Customs and Border Protection with primary 
                responsibility to detect, interdict, and prevent acts 
                of terrorism and the unlawful movement of people, 
                illicit drugs, and other contraband across the borders 
                of the United States in the air and maritime 
                environment;
                  (B) conduct joint aviation and marine operations with 
                U.S. Immigration and Customs Enforcement;
                  (C) conduct aviation and marine operations with 
                international, Federal, State, and local law 
                enforcement agencies, as appropriate;
                  (D) administer the Air and Marine Operations Center; 
                and
                  (E) carry out other duties and powers the 
                Commissioner prescribes.
          (4) Air and marine operations center.--
                  (A) In general.--There is in the Office of Air and 
                Marine Operations an Air and Marine Operations Center.
                  (B) Executive director.--The Executive Director is 
                the head of the Air and Marine Operations Center. The 
                Executive Director shall report to the Assistant 
                Commissioner of the Office of Air and Marine 
                Operations.
                  (C) Duties.--The Air and Marine Operations Center 
                shall--
                          (i) manage the air and maritime domain 
                        awareness of the Department;
                          (ii) monitor and coordinate the airspace for 
                        Unmanned Aerial Systems operations of the 
                        Office of Air and Marine Operations;
                          (iii) detect, identify, and coordinate a 
                        response to threats to national security in the 
                        air domain;
                          (iv) provide aviation and marine support to 
                        other Federal, State, tribal, and local 
                        agencies; and
                          (v) carry out other duties and powers 
                        prescribed by the Assistant Commissioner.
  (g) Office of Field Operations.--
          (1) In general.--There is in U.S. Customs and Border 
        Protection an Office of Field Operations.
          (2) Executive assistant commissioner.--An Executive Assistant 
        Commissioner is the head of the Office of Field Operations. The 
        Executive Assistant Commissioner shall report to the 
        Commissioner.
          (3) Duties.--The Office of Field Operations shall coordinate 
        the enforcement activities of U.S. Customs and Border 
        Protection at United States air, land, and sea ports of entry 
        to--
                  (A) deter and prevent terrorists and terrorist 
                weapons from entering the United States at those ports 
                of entry;
                  (B) conduct inspections at those ports of entry to 
                safeguard the United States from terrorism and illegal 
                entry of persons;
                  (C) prevent illicit drugs, agricultural pests, and 
                contraband from entering the United States;
                  (D) in coordination with the Commissioner, facilitate 
                and expedite the flow of legitimate travelers and 
                trade;
                  (E) administer the National Targeting Center;
                  (F) coordinate with the Executive Assistant 
                Commissioner with respect to the trade facilitation and 
                trade enforcement activities of U.S. Customs and Border 
                Protection; and
                  (G) carry out other duties and powers the 
                Commissioner prescribes.
          (4) National targeting center.--
                  (A) In general.--There is in the Office of Field 
                Operations a National Targeting Center.
                  (B) Executive director.--An Executive Director is the 
                head of the National Targeting Center. The Executive 
                Director shall report to the Executive Assistant 
                Commissioner of the Office of Field Operations.
                  (C) Duties.--The National Targeting Center shall--
                          (i) serve as the primary forum for targeting 
                        operations in U.S. Customs and Border 
                        Protection to collect and analyze traveler and 
                        cargo information in advance of arrival in the 
                        United States;
                          (ii) identify, review, and target travelers 
                        and cargo for examination;
                          (iii) coordinate the examination of entry and 
                        exit of travelers and cargo;
                          (iv) develop and conduct commercial risk 
                        assessment targeting with respect to cargo 
                        destined for the United States;
                          (v) coordinate with the Transportation 
                        Security Administration, as appropriate;
                          (vi) issue Trade Alerts pursuant to section 
                        111(b) of the Trade Facilitation and Trade 
                        Enforcement Act of 2015 (19 U.S.C. 4318(b)); 
                        and
                          (vii) carry out other duties and powers the 
                        Executive Assistant Commissioner prescribes.
          (5) Annual report on staffing.--
                  (A) In general.--Not later than March 25 of each 
                year, the Executive Assistant Commissioner shall submit 
                to the appropriate congressional committees a report on 
                the staffing model for the Office of Field Operations, 
                including information on how many supervisors, front-
                line U.S. Customs and Border Protection officers, and 
                support personnel are assigned to each Field Office and 
                port of entry.
                  (B) Form.--The report required under subparagraph (A) 
                shall, to the greatest extent practicable, be submitted 
                in unclassified form, but may be submitted in 
                classified form, if the Executive Assistant 
                Commissioner determines that a classified form is 
                appropriate and informs the Committee on Homeland 
                Security and the Committee on Ways and Means of the 
                House of Representatives and the Committee on Homeland 
                Security and Governmental Affairs and the Committee on 
                Finance of the Senate of the reasoning for a classified 
                report.
  (h) Office of Intelligence.--
          (1) In general.--There is in U.S. Customs and Border 
        Protection an Office of Intelligence.
          (2) Assistant Commissioner.--An Assistant Commissioner is the 
        head of the Office of Intelligence. The Assistant Commissioner 
        shall report to the Commissioner.
          (3) Duties.--The Office of Intelligence shall--
                  (A) develop, provide, coordinate, and implement 
                intelligence capabilities into a cohesive intelligence 
                enterprise to support the execution of the duties and 
                responsibilities of U.S. Customs and Border Protection;
                  (B) collect and analyze advance traveler and cargo 
                information;
                  (C) establish, in coordination with the Chief 
                Intelligence Officer of the Department, as appropriate, 
                intelligence-sharing relationships with Federal, State, 
                local, and tribal agencies and intelligence agencies;
                  (D) conduct risk-based covert testing of U.S. Customs 
                and Border Protection operations, including for nuclear 
                and radiological risks; and
                  (E) carry out other duties and powers the 
                Commissioner prescribes.
  (i) Office of International Affairs.--
          (1) In general.--There is in U.S. Customs and Border 
        Protection an Office of International Affairs.
          (2) Assistant Commissioner.--An Assistant Commissioner is the 
        head of the Office of International Affairs. The Assistant 
        Commissioner shall report to the Commissioner.
          (3) Duties.--The Office of International Affairs, in 
        collaboration with the Office of Policy of the Department, 
        shall--
                  (A) coordinate and support U.S. Customs and Border 
                Protection's foreign initiatives, policies, programs, 
                and activities;
                  (B) coordinate and support U.S. Customs and Border 
                Protection's personnel stationed abroad;
                  (C) maintain partnerships and information sharing 
                agreements and arrangements with foreign governments, 
                international organizations, and United States agencies 
                in support of U.S. Customs and Border Protection duties 
                and responsibilities;
                  (D) provide necessary capacity building, training, 
                and assistance to foreign border control agencies to 
                strengthen global supply chain and travel security, as 
                appropriate;
                  (E) coordinate mission support services to sustain 
                U.S. Customs and Border Protection's global activities;
                  (F) coordinate with customs authorities of foreign 
                countries with respect to trade facilitation and trade 
                enforcement;
                  (G) coordinate U.S. Customs and Border Protection's 
                engagement in international negotiations;
                  (H) advise the Commissioner with respect to matters 
                arising in the World Customs Organization and other 
                international organizations on matters relating to the 
                policies and procedures of U.S. Customs and Border 
                Protection;
                  (I) advise the Commissioner regarding international 
                agreements to which the United States is a party as the 
                agreements relate to the policies and procedures of 
                U.S. Customs and Border Protection; and
                  (J) carry out other duties and powers the 
                Commissioner prescribes.
  (j) Office of Professional Responsibility.--
          (1) In general.--There is in U.S. Customs and Border 
        Protection an Office of Professional Responsibility.
          (2) Assistant commissioner.-An Assistant Commissioner is the 
        head of the Office of Professional Responsibility. The 
        Assistant Commissioner shall report to the Commissioner.
          (3) Duties.--The Office of Professional Responsibility 
        shall--
                  (A) investigate criminal and administrative matters 
                and misconduct by officers, agents, and other employees 
                of U.S. Customs and Border Protection;
                  (B) manage integrity-related programs and policies of 
                U.S. Customs and Border Protection;
                  (C) conduct research and analysis regarding 
                misconduct of officers, agents, and other employees of 
                U.S. Customs and Border Protection; and
                  (D) carry out other duties and powers the 
                Commissioner prescribes.
  (k) Office of Trade.--
          (1) Definitions.--In this subsection, the terms ``customs and 
        trade laws of the United States'', ``trade enforcement'', and 
        ``trade facilitation'' have the meanings given the terms in 
        section 2 of the Trade Facilitation and Trade Enforcement Act 
        of 2015 (19 U.S.C. 4301).
          (2) In general.--There is in U.S. Customs and Border 
        Protection an Office of Trade.
          (3) Executive assistant commissioner.--An Executive Assistant 
        Commissioner is the head of the Office of Trade. The Executive 
        Assistant Commissioner shall report to the Commissioner.
          (4) Duties.--The Office of Trade shall--
                  (A) direct the development and implementation, 
                pursuant to the customs and trade laws of the United 
                States, of policies and regulations administered by 
                U.S. Customs and Border Protection;
                  (B) advise the Commissioner with respect to the 
                impact on trade facilitation and trade enforcement of 
                any policy or regulation otherwise proposed or 
                administered by U.S. Customs and Border Protection;
                  (C) coordinate and cooperate with the Executive 
                Assistant Commissioner for the Office of Field 
                Operations with respect to the trade facilitation and 
                trade enforcement activities of U.S. Customs and Border 
                Protection carried out at the land borders and ports of 
                entry of the United States;
                  (D) direct the development and implementation of 
                matters relating to the priority trade issues 
                identified by the Commissioner in the joint strategic 
                plan on trade facilitation and trade enforcement 
                required under section 105 of the Trade Facilitation 
                and Trade Enforcement Act of 2015 (19 U.S.C. 4314);
                  (E) otherwise advise the Commissioner with respect to 
                the development and implementation of the joint 
                strategic plan;
                  (F) direct the trade enforcement activities of U.S. 
                Customs and Border Protection;
                  (G) oversee the trade modernization activities of 
                U.S. Customs and Border Protection, including the 
                development and implementation of the Automated 
                Commercial Environment computer system authorized under 
                section 13031(f)(5) of the Consolidated Omnibus Budget 
                and Reconciliation Act of 1985 (19 U.S.C. 58c(f)(5)) 
                and support for the establishment of the International 
                Trade Data System under the oversight of the Department 
                of Treasury pursuant to section 411(d) of the Tariff 
                Act of 1930 (19 U.S.C. 1411(d));
                  (H) direct the administration of customs revenue 
                functions as otherwise provided by law or delegated by 
                the Commissioner; and
                  (I) prepare an annual report to be submitted to the 
                Committee on Finance of the Senate and the Committee on 
                Ways and Means of the House of Representatives not 
                later than March 1 of each calendar year that 
                includes--
                          (i) a summary of the changes to customs 
                        policies and regulations adopted by U.S. 
                        Customs and Border Protection during the 
                        preceding calendar year; and
                          (ii) a description of the public vetting and 
                        interagency consultation that occurred with 
                        respect to each change.
          (5) Transfer of assets, functions, and personnel.--The 
        Commissioner may transfer any assets, functions, or personnel 
        in U.S. Customs and Border Protection to the Office of Trade. 
        Not less than 90 days prior to the transfer, the Commissioner 
        shall notify the Committee on Finance of the Senate, the 
        Committee on Homeland Security and Government Affairs of the 
        Senate, the Committee on Ways and Means of the House of 
        Representatives, and the Committee on Homeland Security of the 
        House of Representatives of the specific assets, functions, or 
        personnel to be transferred, and the reason for the transfer.
  (l) Other Authorities.--
          (1) In general.-The Secretary may establish such other 
        offices or positions of Assistant Commissioners (or other 
        similar officers or officials) as the Secretary determines 
        necessary to carry out the missions, duties, functions, and 
        authorities of U.S. Customs and Border Protection.
          (2) Notification.--If the Secretary exercises the authority 
        provided under paragraph (1), the Secretary shall notify the 
        Committee on Homeland Security of the House of Representative 
        and the Committee on Homeland Security and Governmental Affairs 
        of the Senate not later than 30 days before exercising the 
        authority
          (3) Other federal agencies.--Nothing in paragraphs (1) and 
        (2) and subsections (a) through (h) may be construed as 
        affecting in any manner the authority, existing on February 23, 
        2016, of any other Federal agency or component of the 
        Department.
Sec. 10307. U. S. Immigration and Customs Enforcement
  There is in the Department an agency known as U.S. Immigration and 
Customs Enforcement. The Director of Immigration and Customs 
Enforcement is the head of U.S. Immigration and Customs Enforcement. 
The Director reports directly to the Secretary and shall have a minimum 
of 5 years professional experience in law enforcement and a minimum of 
5 years of management experience.
Sec. 10308. U.S. Citizenship and Immigration Services
  There is in the Department an agency known as U.S. Citizenship and 
Immigration Services. The Director of U.S. Citizenship and Immigration 
Services is the head of U.S. Citizenship and Immigration Services. The 
Director of U.S. Citizenship and Immigration Services reports directly 
to the Deputy Secretary of Homeland Security, shall have a minimum of 5 
years of management experience, and shall be paid at the same level as 
the Director of Immigration and Customs Enforcement.
Sec. 10309. Federal Emergency Management Agency
  (a) Establishment.--There is in the Department the Federal Emergency 
Management Agency. The Federal Emergency Management Agency is a 
distinct entity in the Department.
  (b) Administrator.--The Administrator of the Federal Emergency 
Management Agency is the head of the Agency. The Administrator shall be 
appointed by the President, by and with the advice and consent of the 
Senate, from among individuals who have--
          (1) a demonstrated ability in and knowledge of emergency 
        management and homeland security; and
          (2) not less than 5 years of executive leadership and 
        management experience in the public or private sector.
  (c) Deputy Administrators.--The President may appoint, by and with 
the advice and consent of the Senate, not more than 4 Deputy 
Administrators to assist the Administrator in carrying out chapter 111 
of this title.
Sec. 10310. Transportation Security Administration
  (a) Establishment.--The Transportation Security Administration is a 
distinct entity in the Department.
  (b) Administrator.--
          (1) In general.--The Administrator of the Transportation 
        Security Administration is the head of the Administration. The 
        Administrator shall be appointed by the President, by and with 
        the advice and consent of the Senate. The Administrator shall 
        be a citizen of the United States and have experience in a 
        field directly related to transportation or security.
          (2) Term.--The term of office of an individual appointed as 
        the Administrator is 5 years.
          (3) Limitation on ownership of stocks and bonds.--The 
        Administrator may not own stock in or bonds of a transportation 
        or security enterprise or an enterprise that makes equipment 
        that could be used for security purposes.
Sec. 10311. United States Secret Service
  (a) In General.--The United States Secret Service is a distinct 
entity in the Department. The Secretary succeeds to the functions, 
personnel, assets, and obligations of the Secret Service, including the 
functions of the Secretary of the Treasury relating to the Secret 
Service.
  (b)  Use of Proceeds Derived From Criminal Investigations.--
          (1) In general.--With respect to any undercover investigative 
        operation of the United States Secret Service that is necessary 
        for the detection and prosecution of crimes against the United 
        States--
                  (A) sums appropriated for the Secret Service, 
                including unobligated balances available from prior 
                fiscal years, may be used for purchasing property, 
                buildings, and other facilities, and for leasing space, 
                in the United States, the District of Columbia, and the 
                territories and possessions of the United States, 
                without regard to sections 1341 and 3324 of title 31, 
                section 8141 of title 40, and section 3901, chapter 45, 
                and sections 6301(a) and (b)(1) to (3) and 6306(a) of 
                title 41;
                  (B) sums appropriated for the Secret Service, 
                including unobligated balances available from prior 
                fiscal years, may be used to establish or to acquire 
                proprietary corporations or business entities as part 
                of the undercover operation, and to operate the 
                corporations or business entities on a commercial 
                basis, without regard to sections 9102 and 9103 of 
                title 31;
                  (C) sums appropriated for the Secret Service, 
                including unobligated balances available from prior 
                fiscal years and the proceeds from the undercover 
                operation, may be deposited in banks or other financial 
                institutions, without regard to section 648 of title 18 
                and section 3302 of title 31; and
                  (D) proceeds from the undercover operation may be 
                used to offset necessary and reasonable expenses 
                incurred in the operation, without regard to section 
                3302 of title 31.
          (2) Written certification.--The authority set forth in 
        paragraph (1) may be exercised only on the written 
        certification of the Director of the Secret Service or designee 
        that any action authorized by any subparagraph of paragraph (1) 
        is necessary for the conduct of an undercover investigative 
        operation. The certification shall continue in effect for the 
        duration of the operation, without regard to fiscal years.
          (3) Deposit of proceeds.--As soon as practicable after the 
        proceeds from an undercover investigative operation with 
        respect to which an action is authorized and carried out under 
        subparagraphs (C) and (D) of paragraph (1) are no longer 
        necessary for the conduct of the operation, the proceeds or the 
        balance of the proceeds remaining at the time shall be 
        deposited in the Treasury as miscellaneous receipts.
          (4) Reporting and deposit of proceeds on disposition of 
        certain business entities.--If a corporation or business entity 
        established or acquired as part of an undercover investigative 
        operation under paragraph (2) with a net value of over $50,000 
        is to be liquidated, sold, or otherwise disposed of, the Secret 
        Service, as much in advance as the Director or designee 
        determines is practicable, shall report the circumstance to the 
        Secretary. The proceeds of the liquidation, sale, or other 
        disposition, after obligations are met, shall be deposited in 
        the Treasury as miscellaneous receipts.
          (5) Financial audits and reports.--
                  (A) Secret service.--The Secret Service shall conduct 
                detailed financial audits of closed undercover 
                investigative operations for which a written 
                certification was made pursuant to paragraph (2) on a 
                quarterly basis and shall report the results of the 
                audits in writing to the Secretary.
                  (B) Submission to appropriations committees.--The 
                Secretary annually shall submit to the Committees on 
                Appropriations of the Senate and House of 
                Representatives, at the time that the President's 
                budget is submitted under section 1105(a) of title 31, 
                a summary of the audits.
Sec. 10312. Coast Guard
  (a) In General.--The Coast Guard is a distinct entity in the 
Department. The Commandant reports directly to the Secretary without 
being required to report through any other official of the Department.
  (b) Transfer.--
          (1) In general.--The authorities, functions, personnel, and 
        assets of the Coast Guard, including the authorities and 
        functions of the Secretary of Transportation relating to the 
        Coast Guard, are transferred to the Secretary. Notwithstanding 
        any other provision of this subtitle, the authorities, 
        functions, and capabilities of the Coast Guard to perform its 
        missions shall be maintained intact and without significant 
        reduction, except as specified in Acts subsequent to the 
        Homeland Security Act of 2002 (Public Law 107-296, 116 Stat. 
        2135).
          (2) Certain Transfers Prohibited.--No mission, function, or 
        asset (including for purposes of this paragraph a ship, 
        aircraft, or helicopter) of the Coast Guard may be diverted to 
        the principal and continuing use of another organization, unit, 
        or entity of the Department, except for details or assignments 
        that do not reduce the Coast Guard's capability to perform its 
        missions.
  (c) Changes to Missions.--
          (1) Prohibition.--The Secretary may not substantially or 
        significantly reduce the missions of the Coast Guard or the 
        Coast Guard's capability to perform those missions, except as 
        specified in Acts subsequent to the Homeland Security Act of 
        2002 (Public Law 107-296, 116 Stat. 2135).
          (2) Waiver.--The Secretary may waive the restrictions under 
        paragraph (1) for a period of not to exceed 90 days upon a 
        declaration and certification by the Secretary to Congress that 
        a clear, compelling, and immediate need exists for a waiver. A 
        certification under this paragraph shall include a detailed 
        justification for the declaration and certification, including 
        the reasons and specific information that demonstrate that the 
        Nation and the Coast Guard cannot respond effectively if the 
        restrictions under paragraph (1) are not waived.
  (d) Nonapplicability to Operation as a Service in the Navy.--None of 
the conditions and restrictions in this section shall apply when the 
Coast Guard operates as a service in the Navy under section 3 of title 
14.
Sec. 10313. Office for State and Local Government Coordination
  There is in the Office of the Secretary the Office for State and 
Local Government Coordination.
Sec. 10314. Office of Emergency Communications
  There is in the Department the Office of Emergency Communications. 
The Director for Emergency Communications is the head of the Office. 
The Director reports to the Assistant Secretary for Cybersecurity and 
Communications.
Sec. 10315. Domestic Nuclear Detection Office
  There is in the Department the Domestic Nuclear Detection Office. The 
Director for Domestic Nuclear Detection is the head of the Office. The 
Director is appointed by the President.
Sec. 10316. Office of Counternarcotics Enforcement
  (a) Office.--There is in the Department the Office of 
Counternarcotics Enforcement. The Director is the head of the Office. 
The Director is appointed by the President.
  (b) Assignment of Personnel.--
          (1) In general.--The Secretary shall assign permanent staff 
        to the Office of Counternarcotics Enforcement, consistent with 
        effective management of Department resources.
          (2) Liaisons.--The Secretary shall designate senior employees 
        from each appropriate subdivision of the Department that has 
        significant counternarcotics responsibilities to act as a 
        liaison between that subdivision and the Office of 
        Counternarcotics Enforcement.
  (c) Limitation on Concurrent Employment.--The Director of the Office 
of Counternarcotics Enforcement shall not be employed by, assigned to, 
or serve as the head of, another branch of the Federal Government, a 
State or local government, or a subdivision of the Department other 
than the Office of Counternarcotics Enforcement.
  (d) Responsibilities.--The Secretary shall direct the Director of the 
Office of Counternarcotics Enforcement--
          (1) to coordinate policy and operations within the 
        Department, between the Department and other Federal 
        departments and agencies, and between the Department and State 
        and local agencies with respect to stopping the entry of 
        illegal drugs into the United States;
          (2) to ensure the adequacy of resources within the Department 
        for stopping the entry of illegal drugs into the United States;
          (3) to recommend the appropriate financial and personnel 
        resources necessary to help the Department better fulfill its 
        responsibility to stop the entry of illegal drugs into the 
        United States;
          (4) in the Joint Terrorism Task Force construct, to track and 
        sever connections between illegal drug trafficking and 
        terrorism; and
          (5) to be a representative of the Department on all task 
        forces, committees, or other entities whose purpose is to 
        coordinate the counternarcotics enforcement activities of the 
        Department and other Federal, State or local agencies.
  (e) Savings Clause.--Nothing in this section shall be construed to 
authorize direct control of the operations conducted by the Directorate 
of Border and Transportation Security, the Coast Guard, or joint 
terrorism task forces.
  (f) Reports to Congress.--
          (1) Annual budget review.--The Director of the Office of 
        Counternarcotics Enforcement shall, not later than 30 days 
        after the submission by the President to Congress of a request 
        for expenditures for the Department, submit to the Committees 
        on Appropriations and the authorizing committees of 
        jurisdiction of the House of Representatives and the Senate a 
        review and evaluation of the request. The review and evaluation 
        shall--
                  (A) identify a request or subpart of a request that 
                affects or may affect the counternarcotics activities 
                of the Department or its subdivisions, or that affects 
                the ability of the Department or a subdivision of the 
                Department to meet its responsibility to stop the entry 
                of illegal drugs into the United States;
                  (B) describe with particularity how requested funds 
                would be or could be expended in furtherance of 
                counternarcotics activities; and
                  (C) compare the requests with requests for 
                expenditures and amounts appropriated by Congress in 
                the previous fiscal year.
          (2) Evaluation of counternarcotics activities.--The Director 
        of the Office of Counternarcotics Enforcement shall, not later 
        than February 1 each year, submit to the Committees on 
        Appropriations and the authorizing committees of jurisdiction 
        of the House of Representatives and the Senate a review and 
        evaluation of the counternarcotics activities of the Department 
        for the previous fiscal year. The review and evaluation shall--
                  (A) describe the counternarcotics activities of the 
                Department and each subdivision of the Department 
                (whether individually or in cooperation with other 
                subdivisions of the Department, or in cooperation with 
                other branches of the Federal Government or with State 
                or local agencies), including the methods, procedures, 
                and systems (including computer systems) for 
                collecting, analyzing, sharing, and disseminating 
                information concerning narcotics activity within the 
                Department and between the Department and other 
                Federal, State, and local agencies;
                  (B) describe the results of those activities, using 
                quantifiable data whenever possible;
                  (C) state whether those activities were sufficient to 
                meet the responsibility of the Department to stop the 
                entry of illegal drugs into the United States, 
                including a description of the performance measures of 
                effectiveness that were used in making that 
                determination; and
                  (D) recommend, where appropriate, changes to those 
                activities to improve the performance of the Department 
                in meeting its responsibility to stop the entry of 
                illegal drugs into the United States.
          (3) Classified or law enforcement sensitive information.--Any 
        content of a review and evaluation described in the reports 
        required in this subsection that involves information 
        classified under criteria established by an Executive order, or 
        whose public disclosure, as determined by the Secretary, would 
        be detrimental to the law enforcement or national security 
        activities of the Department or any other Federal, State, or 
        local agency, shall be presented to Congress separately from 
        the rest of the review and evaluation.
Sec. 10317. Office of International Affairs
  (a) Establishment.--There is in the Office of the Secretary the 
Office of International Affairs. The Director is the head of the 
Office. The Director shall be a senior official appointed by the 
Secretary.
  (b) Duties of the Director.--The Director shall have the following 
duties:
          (1) To promote information and education exchange with 
        nations friendly to the United States in order to promote 
        sharing of best practices and technologies relating to homeland 
        security. The exchange shall include the following:
                  (A) Exchange of information on research and 
                development on homeland security technologies.
                  (B) Joint training exercises of first responders.
                  (C) Exchange of expertise on terrorism prevention, 
                response, and crisis management.
          (2) To identify areas for homeland security information and 
        training exchange where the United States has a demonstrated 
        weakness and another friendly nation or nations have a 
        demonstrated expertise.
          (3) To plan and undertake international conferences, exchange 
        programs, and training activities.
          (4) To manage international activities in the Department in 
        coordination with other Federal officials responsible for 
        counterterrorism matters.
Sec. 10318. Office for National Capital Region Coordination
  There is in the Office of the Secretary the Office of National 
Capital Region Coordination. The Director is the head of the Office. 
The Director is appointed by the Secretary.
Sec. 10319. Office of Cargo Security Policy
  There is in the Department the Office of Cargo Security Policy. The 
Director is the head of the Office. The Director is appointed by the 
Secretary. The Director reports to the Assistant Secretary for Policy.
Sec. 10320. Transportation Security Oversight Board
  (a) Establishment.--There is in the Department the Transportation 
Security Oversight Board (in this section referred to as the 
``Board'').
  (b) Membership.--
          (1) Number.--The Board is composed of 7 members as follows:
                  (A) The Secretary, or the Secretary's designee.
                  (B) The Secretary of Transportation, or the Secretary 
                of Transportation's designee.
                  (C) The Attorney General, or the Attorney General's 
                designee.
                  (D) The Secretary of Defense, or the Secretary of 
                Defense's designee.
                  (E) The Secretary of the Treasury, or the Secretary 
                of the Treasury's designee.
                  (F) The Director of National Intelligence, or the 
                Director's designee.
                  (G) One member appointed by the President to 
                represent the National Security Council.
          (2) Chairperson.--The Secretary is the Chairperson of the 
        Board.
  (c) Duties.--The Board shall--
          (1) review and ratify or disapprove a regulation or security 
        directive issued by the Administrator of the Transportation 
        Security Administration under section 11307(b) of this title 
        within 30 days after the date of issuance of the regulation or 
        directive;
          (2) facilitate the coordination of intelligence, security, 
        and law enforcement activities affecting transportation;
          (3) facilitate the sharing of intelligence, security, and law 
        enforcement information affecting transportation among Federal 
        agencies and with carriers and other transportation providers 
        as appropriate;
          (4) explore the technical feasibility of developing a common 
        database of individuals who may pose a threat to transportation 
        or national security;
          (5) review plans for transportation security;
          (6) make recommendations to the Under Secretary regarding 
        matters reviewed under paragraph (5).
  (d) Quarterly Meetings.--The Board shall meet at least quarterly.
  (e) Consideration of Security Information.--A majority of the Board 
may vote to close a meeting of the Board to the public, except that 
meetings shall be closed to the public whenever classified, sensitive 
security information, or information protected under section 40119(b) 
of title 49, will be discussed.
Sec. 10321. Special Assistant to the Secretary
  The Secretary shall appoint a Special Assistant to the Secretary. The 
Special Assistant is responsible for--
          (1) creating and fostering strategic communications with the 
        private sector to enhance the primary mission of the Department 
        to protect the American homeland;
          (2) advising the Secretary on the impact of the Department's 
        policies, regulations, processes, and actions on the private 
        sector;
          (3) interfacing with other relevant Federal agencies with 
        homeland security missions to assess the impact of these 
        agencies' actions on the private sector;
          (4) creating and managing private-sector advisory councils 
        composed of representatives of industries and associations 
        designated by the Secretary to--
                  (A) advise the Secretary on private-sector products, 
                applications, and solutions as they relate to homeland 
                security challenges;
                  (B) advise the Secretary on homeland security 
                policies, regulations, processes, and actions that 
                affect the participating industries and associations; 
                and
                  (C) advise the Secretary on private-sector 
                preparedness issues, including effective methods for--
                          (i) promoting voluntary preparedness 
                        standards to the private sector; and
                          (ii) assisting the private sector in adopting 
                        voluntary preparedness standards;
          (5) working with Federal laboratories, federally funded 
        research and development centers, other federally funded 
        organizations, academia, and the private sector to develop 
        innovative approaches to address homeland security challenges 
        to produce and deploy the best available technologies for 
        homeland security missions;
          (6) promoting existing public-private partnerships and 
        developing new public-private partnerships to provide for 
        collaboration and mutual support to address homeland security 
        challenges;
          (7) assisting in the development and promotion of private-
        sector best practices to secure critical infrastructure;
          (8) providing information to the private sector regarding 
        voluntary preparedness standards and the business justification 
        for preparedness and promoting to the private sector the 
        adoption of voluntary preparedness standards;
          (9) coordinating industry efforts, with respect to functions 
        of the Department, to identify private-sector resources and 
        capabilities that could be effective in supplementing Federal, 
        State, and local government agency efforts to prevent or 
        respond to a terrorist attack;
          (10) coordinating with the Commissioner of U.S. Customs and 
        Border Protection and the Assistant Secretary for Trade 
        Development of the Department of Commerce on issues related to 
        the travel and tourism industries; and
          (11) consulting with the Office for State and Local 
        Government Coordination on all matters of concern to the 
        private sector, including the tourism industry.
Sec. 10322. Border Enforcement Security Task Force
  There is in the Department the Border Enforcement Security Task 
Force.
Sec. 10323. Office for Domestic Preparedness
  (a) Establishment.--There is in the Department an Office for Domestic 
Preparedness. The Director is the head of the Office. The Director is 
appointed by the President.
  (b) Responsibilities.--The Office for Domestic Preparedness has the 
primary responsibility in the executive branch for the preparedness of 
the United States for acts of terrorism, including--
          (1) coordinating preparedness efforts at the Federal level, 
        and working with all State, local, tribal, parish, and private-
        sector emergency response providers on all matters pertaining 
        to combating terrorism, including training, exercises, and 
        equipment support;
          (2) coordinating or, as appropriate, consolidating 
        communications and systems of communications relating to 
        homeland security at all levels of government;
          (3) directing and supervising terrorism preparedness grant 
        programs of the Federal Government (other than those programs 
        administered by the Department of Health and Human Services) 
        for all emergency response providers;
          (4) incorporating the Strategy priorities into planning 
        guidance on an agency level for the preparedness efforts of the 
        Office for Domestic Preparedness;
          (5) providing agency-specific training for agents and 
        analysts within the Department, other agencies, and State and 
        local agencies and international entities;
          (6) as the lead executive branch agency for preparedness of 
        the United States for acts of terrorism, cooperating closely 
        with the Federal Emergency Management Agency, which shall have 
        the primary responsibility within the executive branch to 
        prepare for and mitigate the effects of nonterrorist-related 
        disasters in the United States;
          (7) assisting and supporting the Secretary, in coordination 
        with other Directorates and entities outside the Department, in 
        conducting appropriate risk analysis and risk management 
        activities of State, local, and tribal governments consistent 
        with the mission and functions of the Department;
          (8) administering those elements of the Office of National 
        Preparedness of the Federal Emergency Management Agency that 
        relate to terrorism, which shall be consolidated in the 
        Department in the Office for Domestic Preparedness; and
          (9) helping to ensure the acquisition of interoperable 
        communication technology by State and local governments and 
        emergency response providers.
Sec. 10324. Social media working group
  (a) Establishment.--The Secretary shall establish in the Department a 
social media working group (in this section referred to as the 
``Group'').
  (b) Purpose.--To enhance the dissemination of information through 
social media technologies between the Department and appropriate 
stakeholders and to improve use of social media technologies in support 
of preparedness, response, and recovery, the Group shall identify, and 
provide guidance and best practices to the emergency preparedness and 
response community on, the use of social media technologies before, 
during, and after a natural disaster or an act of terrorism or other 
man-made disaster.
  (c) Membership.--
          (1) In general.--The Group shall be composed of a cross 
        section of subject matter experts from Federal, State, local, 
        tribal, territorial, and nongovernmental organization 
        practitioners, including representatives from the following 
        entities:
                  (A) The Office of Public Affairs of the Department.
                  (B) The Office of the Chief Information Officer of 
                the Department.
                  (C) The Privacy Office of the Department.
                  (D) The Federal Emergency Management Agency.
                  (E) The Office of Disability Integration and 
                Coordination of the Federal Emergency Management 
                Agency.
                  (F) The American Red Cross.
                  (G) The Forest Service.
                  (H) The Centers for Disease Control and Prevention.
                  (I) The United States Geological Survey.
                  (J) The National Oceanic and Atmospheric 
                Administration.
          (2) Additional members.--The chairperson shall appoint, on a 
        rotating basis, qualified individuals to the Group. The total 
        number of additional members shall--
                  (A) be equal to or greater than the total number of 
                regular members under paragraph (1); and
                  (B) include--
                          (i) not fewer than 3 representatives from the 
                        private sector; and
                          (ii) representatives from--
                                  (I) State, local, tribal, and 
                                territorial entities, including from--
                                          (aa) law enforcement;
                                          (bb) fire services;
                                          (cc) emergency management; 
                                        and
                                          (dd) public health entities;
                                  (II) universities and academia; and
                                  (III) nonprofit disaster relief 
                                organizations.
          (3) Term limits.--The chairperson shall establish term limits 
        for individuals appointed to the Group under paragraph (2).
  (d) Chairperson and Co-Chairperson.--
          (1) Chairperson.--The Secretary, or a designee of the 
        Secretary, shall serve as the chairperson of the Group.
          (2) Co-chairperson.--The chairperson shall designate, on a 
        rotating basis, a representative from a State or local 
        government who is a member of the Group to serve as the co-
        chairperson of the Group.
  (e) Consultation With Public- and Private-Sector Entities.--To the 
extent practicable, the Group shall work with public- and private-
sector entities to carry out subsection (b).
  (f) Meetings.--
          (1) In general.--The Group shall meet--
                  (A) at the call of the chairperson; and
                  (B) not less frequently than twice each year.
          (2) Virtual meetings.--Each meeting of the Group may be held 
        virtually.
  (g) Reports.--During each year in which the Group meets, the Group 
shall submit to the appropriate congressional committees a report that 
includes the following:
          (1) A review and analysis of current and emerging social 
        media technologies being used to support preparedness and 
        response activities related to natural disasters and acts of 
        terrorism and other man-made disasters.
          (2) A review of best practices and lessons learned on the use 
        of social media technologies during the response to natural 
        disasters and acts of terrorism and other man-made disasters 
        that occurred during the period covered by the report at issue.
          (3) Recommendations to improve the Department's use of social 
        media technologies for emergency management purposes.
          (4) Recommendations to improve public awareness of--
                  (A) the type of information disseminated through 
                social media technologies during a natural disaster or 
                an act of terrorism or other man-made disaster; and
                  (B) how to access the information.
          (5) A review of available training for Federal, State, local, 
        tribal, and territorial officials on the use of social media 
        technologies in response to a natural disaster or an act of 
        terrorism or other man-made disaster.
          (6) A review of coordination efforts with the private sector 
        to discuss and resolve legal, operational, technical, privacy, 
        and security concerns.
  (h) Termination and Renewal.--
          (1) In general.--The Group shall terminate on November 5, 
        2020, unless the chairperson renews the Group for a successive 
        5-year period, prior to November 5, 2020, by submitting to the 
        Committee on Homeland Security and Governmental Affairs of the 
        Senate and the Committee on Homeland Security of the House of 
        Representatives a certification that the continued existence of 
        the Group is necessary to fulfill the purpose described in 
        subsection (b).
          (2) Continued renewal.--The chairperson may continue to renew 
        the Group for successive 5-year periods by submitting a 
        certification in accordance with paragraph (1) prior to the 
        date on which the Group would otherwise terminate.
Sec. 10325. Office of Strategy, Policy, and Plans
  (a) Establishment.--There is in the Department an Office of Strategy, 
Policy, and Plans. The Under Secretary for Strategy, Policy, and Plans 
is the head of the Office. The Under Secretary is appointed by the 
President, by and with the advice and consent of the Senate.
  (b) Deputy Under Secretary.--
          (1) Definitions.--For purposes of paragraph (2):
                  (A) Career employee.--The term ``career employee'' 
                means an employee (as the term is defined in section 
                2105 of title 5) but does not include a political 
                employee.
                  (B) Political appointee.--The term ``political 
                employee'' means an employee who occupies a position 
                that has been excepted from the competitive service by 
                reason of its confidential policy-determining, policy-
                making, or policy-advocating character.
          (2) Establishment.--The Secretary may--
                  (A) establish in the Office of Strategy, Policy, and 
                Plans a position of Deputy Under Secretary to support 
                the Under Secretary for Strategy, Policy, and Plans in 
                carry out the Under Secretary's responsibilities; and
                  (B) appoint a career employee to the position.
          (3) Limitation.--Except for the position provided for by 
        paragraph (2), a Deputy Under Secretary position (or a 
        substantially similar position) in the Office of Strategy, 
        Policy, and Plans may not be established unless the Secretary 
        receives prior authorization from Congress.

                        Subchapter II--Functions

Sec. 10331. In general
  (a) Functions Vested in Secretary.--All functions of all officers, 
employees, and organizational units of the Department are vested in the 
Secretary.
  (b) Reorganization.--
          (1) In general.--The Secretary may allocate or reallocate 
        functions among the officers of the Department, and may 
        establish, consolidate, alter, or discontinue organizational 
        units within the Department, but only after the expiration of 
        60 days after providing notice of the action to the appropriate 
        congressional committees, which shall include an explanation of 
        the rationale for the action.
          (2) Limitation.--Authority under paragraph (1) does not 
        extend to the abolition of an agency, entity, organizational 
        unit, program, or function established or required to be 
        maintained by statute.
  (c) Performance of Functions.--Subject to the provisions of this 
subtitle, every officer of the Department shall perform the functions 
specified by law for the official's office or prescribed by the 
Secretary.
  (d) Redelegation.--Unless otherwise provided in the delegation or by 
law, a function delegated under this subtitle may be redelegated to a 
subordinate.
  (e) General Functions of Secretary.--The Secretary--
          (1) except as otherwise provided by this subtitle, may 
        delegate any of the Secretary's functions to an officer, 
        employee, or organizational unit of the Department;
          (2) shall have the authority to make contracts, grants, and 
        cooperative agreements, and to enter into agreements with other 
        executive agencies, as may be necessary and proper to carry out 
        the Secretary's responsibilities under this subtitle or 
        otherwise provided by law;
          (3) shall take reasonable steps to ensure that information 
        systems and databases of the Department are compatible with 
        each other and with appropriate databases of other Departments;
          (4) shall ensure that there is effective and ongoing 
        coordination of Federal efforts to prevent, prepare for, and 
        respond to acts of terrorism and other major disasters and 
        emergencies among the divisions of the Department, including 
        the Office for State and Local Government Coordination;
          (5) shall ensure that the Department complies with the 
        protections for human research subjects, as described in part 
        46 of title 45, Code of Federal Regulations, or in equivalent 
        regulations as promulgated by the Secretary, with respect to 
        research that is conducted or supported by the Department; and
          (6) has the same authorities that the Secretary of 
        Transportation has with respect to the Department of 
        Transportation under section 324 of title 49.
  (f) Regulatory Authority.--
          (1) Vesting and transfer of authority.--Except as otherwise 
        provided in sections 10622(c) and 10705(c) of this title and 
        section 1315(c) of title 40, this subtitle--
                  (A) does not vest new regulatory authority in the 
                Secretary or another Federal official; and
                  (B) transfers to the Secretary or another Federal 
                official only the regulatory authority that--
                          (i) existed on November 25, 2002, in an 
                        agency, program, or function transferred to the 
                        Department pursuant to the Homeland Security 
                        Act of 2002 (Public Law 107-296, 116 Stat. 
                        2135); or
                          (ii) on November 25, 2002, was exercised by 
                        another official of the executive branch with 
                        respect to the transferred agency, program, or 
                        function.
          (2) Restriction on exercise of transferred authority.--
        Transferred authority may not be exercised by an official from 
        whom it is transferred on transfer of the agency, program, or 
        function to the Secretary or another Federal official pursuant 
        to the Homeland Security Act of 2002 (Public Law 107-296, 116 
        Stat. 2135).
          (3) Alteration or diminution of authority.--The Homeland 
        Security Act of 2002 (Public Law 107-296, 116 Stat. 2135) may 
        not be construed as altering or diminishing the regulatory 
        authority of another executive agency, except to the extent 
        that the Act transfers the authority from the agency.
  (g) Preemption of State or Local Law.--Except as otherwise provided 
in this subtitle, this subtitle preempts no State or local law, except 
that authority to preempt State or local law vested in a Federal agency 
or official transferred to the Department pursuant to the Homeland 
Security Act of 2002 (Public Law 107-296, 116 Stat. 2135) shall be 
transferred to the Department, effective on the date of the transfer to 
the Department of that Federal agency or official.
  (h) Coordination With Non-Federal Entities.--With respect to homeland 
security, the Secretary shall coordinate through the Office for State 
and Local Government Coordination (including the provision of training 
and equipment) with State and local government personnel, agencies, and 
authorities, with the private sector, and with other entities, 
including by--
          (1) coordinating with State and local government personnel, 
        agencies, and authorities, and with the private sector, to 
        ensure adequate planning, equipment, training, and exercise 
        activities;
          (2) coordinating and, as appropriate, consolidating, the 
        Federal Government's communications and systems of 
        communications relating to homeland security with State and 
        local government personnel, agencies, and authorities, the 
        private sector, other entities, and the public; and
          (3) distributing or, as appropriate, coordinating the 
        distribution of warnings and information to State and local 
        government personnel, agencies, and authorities and to the 
        public.
  (i) Meetings of National Security Council.--The Secretary may, 
subject to the direction of the President, attend and participate in 
meetings of the National Security Council.
  (j) Issuance of Regulations.--The issuance of regulations by the 
Secretary shall be governed by the provisions of chapter 5 of title 5, 
except as specifically provided in this subtitle, in laws granting 
regulatory authorities that are transferred by this subtitle, and in 
laws enacted after November 25, 2002.
  (k) Standards Policy.--All standards activities of the Department 
shall be conducted in accordance with section 12(d) of the National 
Technology Transfer and Advancement Act of 1995 (15 U.S.C. 272 note) 
and Office of Management and Budget Circular A-119.
Sec. 10332. Trade and customs revenue functions
  (a) Subtitle III Definitions Apply.--A term used in this section that 
is defined in section 30101 of this title has the meaning given the 
term in section 30101.
  (b) Trade and Customs Revenue Functions.--
          (1) Designation of appropriate official.--The Secretary shall 
        designate an appropriate senior official in the Office of the 
        Secretary who shall--
                  (A) ensure that the trade and customs revenue 
                functions of the Department are coordinated within the 
                Department and with other Federal departments and 
                agencies, and that the impact on legitimate trade is 
                taken into account in an action impacting the 
                functions; and
                  (B) monitor and report to Congress on the Department 
                mandate to ensure that the trade and customs revenue 
                functions of the Department are not diminished, 
                including how spending, operations, and personnel 
                related to these functions have kept pace with the 
                level of trade entering the United States.
          (2) Director of trade policy.--There is in the Department a 
        Director of Trade Policy (in this subsection referred to as the 
        ``Director''), who shall be subject to the direction and 
        control of the official designated under paragraph (1). The 
        Director shall--
                  (A) advise the official designated under paragraph 
                (1) regarding all aspects of Department policies 
                relating to the trade and customs revenue functions of 
                the Department;
                  (B) coordinate the development of Department-wide 
                policies regarding trade and customs revenue functions 
                and trade facilitation; and
                  (C) coordinate the trade and customs revenue-related 
                policies of the Department with the policies of other 
                Federal departments and agencies.
  (c) Consultation on Trade and Customs Revenue Functions.--
          (1) Business community consultations.--The Secretary shall 
        consult with representatives of the business community involved 
        in international trade, including seeking the advice and 
        recommendations of the Commercial Operations Advisory 
        Committee, on Department policies and actions that have a 
        significant impact on international trade and customs revenue 
        functions.
          (2) Congressional consultation and notification.--
                  (A) In general.--Subject to subparagraph (B), the 
                Secretary shall notify the appropriate congressional 
                committees not later than 30 days prior to the 
                finalization of Department policies, initiatives, or 
                actions that will have a major impact on trade and 
                customs revenue functions. The notifications shall 
                include a description of the proposed policies, 
                initiatives, or actions and any comments or 
                recommendations provided by the Commercial Operations 
                Advisory Committee and other relevant groups regarding 
                the proposed policies, initiatives, or actions.
                  (B) Exception.--If the Secretary determines that it 
                is important to the national security interest of the 
                United States to finalize any Department policies, 
                initiatives, or actions prior to the consultation 
                described in subparagraph (A), the Secretary shall--
                          (i) notify and provide any recommendations of 
                        the Commercial Operations Advisory Committee 
                        received to the appropriate congressional 
                        committees not later than 45 days after the 
                        date on which the policies, initiatives, or 
                        actions are finalized; and
                          (ii) to the extent appropriate, modify the 
                        policies, initiatives, or actions based upon 
                        the consultations with the appropriate 
                        congressional committees.
  (d) Notification of Reorganization of Customs Revenue Functions.--
          (1) In general.--Not less than 45 days prior to a change in 
        the organization of any of the customs revenue functions of the 
        Department, the Secretary shall notify the Committee on 
        Appropriations, the Committee on Finance, and the Committee on 
        Homeland Security and Governmental Affairs of the Senate, and 
        the Committee on Appropriations, the Committee on Homeland 
        Security, and the Committee on Ways and Means of the House of 
        Representatives of the specific assets, functions, or personnel 
        to be transferred as part of the reorganization, and the reason 
        for the transfer. The notification shall also include--
                  (A) an explanation of how trade enforcement functions 
                will be impacted by the reorganization;
                  (B) an explanation of how the reorganization meets 
                the requirements of section 10912(b) of this title that 
                the Department not diminish the customs revenue and 
                trade facilitation functions formerly performed by the 
                United States Customs Service; and
                  (C) any comments or recommendations provided by the 
                Commercial Operations Advisory Committee regarding the 
                reorganization.
          (2) Analysis.--A congressional committee referred to in 
        paragraph (1) may request that the Commercial Operations 
        Advisory Committee provide a report to the committee analyzing 
        the impact of the reorganization and providing any 
        recommendations for modifying the reorganization.
          (3) Report.--Not later than 1 year after a reorganization 
        referred to in paragraph (1) takes place, the Secretary, in 
        consultation with the Commercial Operations Advisory Committee, 
        shall submit a report to the Committee on Finance of the Senate 
        and the Committee on Ways and Means of the House of 
        Representatives. The report shall include an assessment of the 
        impact of, and any suggested modifications to, the 
        reorganization.
Sec. 10333. Military activities
  Nothing in this subtitle shall confer upon the Secretary authority to 
engage in warfighting, the military defense of the United States, or 
other military activities, nor shall anything in this subtitle limit 
the existing authority of the Department of Defense or the armed forces 
to engage in warfighting, the military defense of the United States, or 
other military activities.
Sec. 10334. Sensitive Security Information
  (a) In General.--The Secretary shall provide that each office in the 
Department that handles documents marked as Sensitive Security 
Information (in this section referred to as ``SSI'') has at least 1 
employee with authority to coordinate and make determinations on behalf 
of the Department that the documents meet the criteria for marking as 
SSI.
  (b) Report.--The Secretary shall, not later than January 31 each 
year, provide a report to the Committees on Appropriations of the 
Senate and the House of Representatives on the titles of all Department 
documents that are designated as SSI in their entirety during the 
period of January 1 through December 31 for the preceding year.
  (c) Guidance on Individual Categories of SSI Information.--
          (1) In general.--The Secretary shall promulgate guidance that 
        includes common but extensive examples of SSI that further 
        define the individual categories of information cited under 49 
        CFR 1520(b)(1) through (16) and that eliminates judgment by 
        covered individuals in the application of the SSI marking.
          (2) Purpose of guidance.--The guidance shall serve as the 
        primary basis and authority for the marking of Departmental 
        information as SSI by covered individuals.

                      Subchapter III--Acquisitions

Sec. 10341. Personal services
  The Secretary--
          (1) may procure the temporary or intermittent services of 
        experts or consultants (or organizations thereof) under section 
        3109 of title 5; and
          (2) may, whenever necessary due to an urgent homeland 
        security need, procure temporary (not to exceed 1 year) or 
        intermittent personal services, including the services of 
        experts or consultants (or organizations thereof), without 
        regard to the pay limitations of section 3109.
Sec. 10342. Prohibition on contracts with corporate expatriates
  (a) Definitions and Special Rules.--
          (1) Definitions.--In this section:
                  (A) Domestic.--The term ``domestic'' has the meaning 
                given the term in section 7701(a)(4) of the Internal 
                Revenue Code of 1986 (26 U.S.C. 7701(a)(4)).
                  (B) Expanded affiliated group.--The term ``expanded 
                affiliated group'' means an affiliated group as defined 
                in section 1504(a) of the Internal Revenue Code of 1986 
                (26 U.S.C. 1504(a)) (without regard to section 1504(b) 
                of the Code (26 U.S.C. 1504(b))), except that section 
                1504 of the Code (26 U.S.C. 1504) shall be applied by 
                substituting ``more than 50 percent'' for ``at least 80 
                percent'' each place it appears.
                  (C) Foreign.--The term ``foreign'' has the meaning 
                given the term in section 7701(a)(5) of the Internal 
                Revenue Code of 1986 (26 U.S.C. 7701(a)(5)).
                  (D) Foreign incorporated entity.--The term ``foreign 
                incorporated entity'' means an entity that is, or but 
                for subsection (c) would be, treated as a foreign 
                corporation for purposes of the Internal Revenue Code 
                of 1986 (26 U.S.C. 1 et seq.).
                  (E) Person.--The term ``person'' has the meaning 
                given the term in section 7701(a)(1) of the Internal 
                Revenue Code of 1986 (26 U.S.C. 7701(a)(1)).
          (2) Rules for application of subsection (c).--In applying 
        subsection (c) for purposes of subsection (b), the following 
        rules apply:
                  (A) Certain stock disregarded.--There shall not be 
                taken into account in determining ownership for 
                purposes of subsection (c)(2)--
                          (i) stock held by members of the expanded 
                        affiliated group which includes the foreign 
                        incorporated entity; or
                          (ii) stock of the entity which is sold in a 
                        public offering related to the acquisition 
                        described in subsection (c)(1).
                  (B) Plan deemed in certain cases.--If a foreign 
                incorporated entity acquires directly or indirectly 
                substantially all of the properties of a domestic 
                corporation or partnership during the 4-year period 
                beginning on the date which is 2 years before the 
                ownership requirements of subsection (c)(2) are met, 
                these actions shall be treated as pursuant to a plan.
                  (C) Certain transfers disregarded.--The transfer of 
                properties or liabilities (including by contribution or 
                distribution) shall be disregarded if the transfers are 
                part of a plan a principal purpose of which is to avoid 
                the purposes of this section.
                  (D) Special rule for related partnerships.--For 
                purposes of applying subsection (c) to the acquisition 
                of a domestic partnership, except as provided in 
                regulations, all domestic partnerships that are under 
                common control (within the meaning of section 482 of 
                the Internal Revenue Code of 1986 (26 U.S.C. 482)) 
                shall be treated as one partnership.
                  (E) Treatment of certain rights.--The Secretary shall 
                prescribe regulations necessary to--
                          (i) treat warrants, options, contracts to 
                        acquire stock, convertible debt instruments, 
                        and other similar interests as stock; and
                          (ii) treat stock as not stock.
  (b) In General.--The Secretary may not enter into a contract with a 
foreign incorporated entity that is treated as an inverted domestic 
corporation under subsection (c), or a subsidiary of the entity.
  (c) Inverted Domestic Corporation.--For purposes of this section, a 
foreign incorporated entity shall be treated as an inverted domestic 
corporation if, pursuant to a plan (or a series of related 
transactions)--
          (1) the entity completes before, on, or after November 25, 
        2002, the direct or indirect acquisition of substantially all 
        of the properties held directly or indirectly by a domestic 
        corporation or substantially all of the properties constituting 
        a trade or business of a domestic partnership;
          (2) after the acquisition at least 80 percent of the stock 
        (by vote or value) of the entity is held--
                  (A) in the case of an acquisition with respect to a 
                domestic corporation, by former shareholders of the 
                domestic corporation by reason of holding stock in the 
                domestic corporation; or
                  (B) in the case of an acquisition with respect to a 
                domestic partnership, by former partners of the 
                domestic partnership by reason of holding a capital or 
                profits interest in the domestic partnership; and
          (3) the expanded affiliated group which after the acquisition 
        includes the entity does not have substantial business 
        activities in the foreign country in which or under the law of 
        which the entity is created or organized when compared to the 
        total business activities of the expanded affiliated group.
  (d) Waivers.--The Secretary shall waive subsection (b) with respect 
to a specific contract if the Secretary determines that the waiver is 
required in the interest of national security.
Sec. 10343. Lead system integrator; financial interests
  (a) In General.--With respect to contracts entered into after July 1, 
2007, and except as provided in subsection (b), no entity performing 
lead system integrator functions in the acquisition of a major system 
by the Department may have a direct financial interest in the 
development or construction of an individual system or element of a 
system of systems.
  (b) Exception.--An entity described in subsection (a) may have a 
direct financial interest in the development or construction of an 
individual system or element of a system of systems if--
          (1) the Secretary certifies to the Committees on 
        Appropriations of the Senate and the House of Representatives, 
        the Committee on Homeland Security of the House of 
        Representatives, the Committee on Transportation and 
        Infrastructure of the House of Representatives, the Committee 
        on Homeland Security and Governmental Affairs of the Senate, 
        and the Committee on Commerce, Science and Transportation of 
        the Senate that--
                  (A) the entity was selected by the Department as a 
                contractor to develop or construct the system or 
                element concerned through the use of competitive 
                procedures; and
                  (B) the Department took appropriate steps to prevent 
                an organizational conflict of interest in the selection 
                process; or
          (2) the entity was selected by a subcontractor to serve as a 
        lower-tier subcontractor, through a process over which the 
        entity exercised no control.
  (c) Construction.--Nothing in this section shall be construed to 
preclude an entity described in subsection (a) from performing work 
necessary to integrate two or more individual systems or elements of a 
system of systems with each other.
  (d) Regulations Update.--The Secretary shall update the acquisition 
regulations of the Department to specify fully in the regulations the 
matters with respect to lead system integrators set forth in this 
section. The regulations shall include--
          (1) a precise and comprehensive definition of the term ``lead 
        system integrator'', modeled after that used by the Department 
        of Defense; and
          (2) a specification of various types of contracts and fee 
        structures that are appropriate for use by lead system 
        integrators in the production, fielding, and sustainment of 
        complex systems.

               Subchapter IV--Human Resources Management

Sec. 10351. Establishment of human resources management system
  (a) Positions Compensated in Accordance with Executive Schedule.--A 
person who, on the day preceding the person's date of transfer pursuant 
to the Homeland Security Act of 2002 (Public Law 107-296, 116 Stat. 
2135), held a position compensated in accordance with the Executive 
Schedule prescribed in chapter 53 of title 5, and who, without a break 
in service, is appointed in the Department to a position having duties 
comparable to the duties performed immediately preceding the 
appointment shall continue to be compensated in the new position at not 
less than the rate provided for the position, for the duration of the 
service of the person in the new position.
  (b) Coordination Rule.--An exercise of authority under chapter 97 of 
title 5, including under a system established under that chapter, shall 
be in conformance with the requirements of this section.
Sec. 10352. Labor-management relations
  (a) Limitation on Exclusionary Authority.--
          (1) In general.--An agency or subdivision of an agency 
        transferred to the Department pursuant to the Homeland Security 
        Act of 2002 (Public Law 107-296, 116 Stat. 2135) shall not be 
        excluded from the coverage of chapter 71 of title 5, as a 
        result of an order issued under section 7103(b)(1) of title 5 
        after June 18, 2002, unless--
                  (A) the mission and responsibilities of the agency 
                (or subdivision) materially change; and
                  (B) a majority of the employees in the agency (or 
                subdivision) have as their primary duty intelligence, 
                counterintelligence, or investigative work directly 
                related to terrorism investigation.
          (2) Exclusions allowable.--Nothing in paragraph (1) shall 
        affect the effectiveness of an order to the extent that the 
        order excludes a portion of an agency or subdivision of an 
        agency as to which--
                  (A) recognition as an appropriate unit has never been 
                conferred for purposes of chapter 71 of title 5; or
                  (B) recognition has been revoked or otherwise 
                terminated as a result of a determination under 
                subsection (b)(1).
  (b) Provisions Relating to Bargaining Units.--
          (1) Limitation relating to appropriate units.--Each unit 
        recognized as an appropriate unit for purposes of chapter 71 of 
        title 5, as of January 23, 2003 (and a subdivision of a unit), 
        shall, if the unit (or subdivision) is transferred to the 
        Department pursuant to the Homeland Security Act of 2002 
        (Public Law 107-296, 116 Stat. 2135), continue to be so 
        recognized for those purposes, unless--
                  (A) the mission and responsibilities of the unit (or 
                subdivision) materially change; and
                  (B) a majority of the employees within the unit (or 
                subdivision) have as their primary duty intelligence, 
                counterintelligence, or investigative work directly 
                related to terrorism investigation.
          (2) Limitation relating to positions or employees.--A 
        position or employee within a unit (or subdivision of a unit) 
        as to which continued recognition is given under paragraph (1) 
        shall not be excluded from the unit (or subdivision), for 
        purposes of chapter 71 of title 5, unless the primary job duty 
        of the position or employee--
                  (A) consists of intelligence, counterintelligence, or 
                investigative work directly related to terrorism 
                investigation; and
                  (B) materially changes (in the case of a position 
                within a unit (or subdivision) that is first 
                established before January 24, 2003, or to which the 
                employee is first appointed before that date).
  (c) Waiver.--If the President determines that the application of 
subsections (a), (b), and (d) would have a substantial adverse impact 
on the ability of the Department to protect homeland security, the 
President may waive the application of the subsections 10 days after 
the President has submitted to Congress a written explanation of the 
reasons for the determination.
  (d) Coordination Rule.--No other provision of this subtitle or the 
Homeland Security Act of 2002 (Public Law 107-296, 116 Stat. 2135), or 
of an amendment made by the Act, may be construed or applied in a 
manner so as to limit, supersede, or otherwise affect the provisions of 
this section, except to the extent that it does so by specific 
reference to this section.
  (e) Rule of Construction.--Nothing in section 9701(e) of title 5 
shall be considered to apply with respect to an agency or subdivision 
of an agency, which is excluded from the coverage of chapter 71 of 
title 5 by virtue of an order issued under section 7103(b) of the title 
and the preceding provisions of this section (as applicable), or to an 
employee of the agency or subdivision or to an individual or entity 
representing the employees or representatives thereof.
Sec. 10353. Use of counternarcotics enforcement activities in certain 
                    employee performance appraisals
  (a) Definitions.--In this section:
          (1) National drug control program agency.--The term 
        ``National Drug Control Program agency'' means--
                  (A) a National Drug Control Program agency, as 
                defined in section 702 of the Office of National Drug 
                Control Policy Reauthorization Act of 1998 (21 U.S.C. 
                1701); and
                  (B) a subdivision of the Department that has a 
                significant counternarcotics responsibility, as 
                determined by--
                          (i) the counternarcotics officer, appointed 
                        under section 10316 of this title; or
                          (ii) if applicable, the counternarcotics 
                        officer's successor in function (as determined 
                        by the Secretary).
          (2) Performance appraisal system.--The term ``performance 
        appraisal system'' means a system under which periodic 
        appraisals of job performance of employees are made, whether 
        under chapter 43 of title 5, or otherwise.
  (b) In General.--Each subdivision of the Department that is a 
National Drug Control Program agency shall include as one of the 
criteria in its performance appraisal system, for each employee 
directly or indirectly involved in the enforcement of Federal, State, 
or local narcotics laws, the performance of that employee with respect 
to the enforcement of Federal, State, or local narcotics laws, relying 
to the greatest extent practicable on objective performance measures, 
including--
          (1) the contribution of that employee to seizures of 
        narcotics and arrests of violators of Federal, State, or local 
        narcotics laws; and
          (2) the degree to which that employee cooperated with or 
        contributed to the efforts of other employees, either in the 
        Department or other Federal, State, or local agencies, in 
        counternarcotics enforcement.
Sec. 10354. Compliance with laws protecting equal employment 
                    opportunity and providing whistleblower protections
  Nothing in this subtitle shall be construed as exempting the 
Department from requirements applicable with respect to executive 
agencies--
          (1) to provide equal employment protection for employees of 
        the Department (including under section 2302(b)(1) of title 5 
        and the Notification and Federal Employee Antidiscrimination 
        and Retaliation Act of 2002 (Public Law 107-174, 5 U.S.C. 2301 
        note)); or
          (2) to provide whistleblower protections for employees of the 
        Department (including under paragraphs (8) and (9) of section 
        2302(b) of title 5 and the Notification and Federal Employee 
        Antidiscrimination and Retaliation Act of 2002 (Public Law 107-
        174, 5 U.S.C. 2301 note)).
Sec. 10355.  Use of protective equipment or measures by employees
  No funds may be used to propose or effect a disciplinary or adverse 
action, with respect to any Department employee who engages regularly 
with the public in the performance of his or her official duties, 
solely because that employee elects to utilize protective equipment or 
measures, including surgical masks, N95 respirators, gloves, or hand-
sanitizers, where use of the equipment or measures is in accord with 
Department policy, and Centers for Disease Control and Prevention and 
Office of Personnel Management guidance.
Sec. 10356. Homeland Security Rotation Program
  (a) Establishment.--The Secretary shall establish the Homeland 
Security Rotation Program (in this section referred to as the 
``Rotation Program'') for employees of the Department. The Rotation 
Program shall use applicable best practices, including those from the 
Chief Human Capital Officers Council.
  (b) Goals.--The Rotation Program established by the Secretary shall--
          (1) be established in accordance with the Human Capital 
        Strategic Plan of the Department;
          (2) provide middle and senior level employees in the 
        Department the opportunity to broaden their knowledge through 
        exposure to other components of the Department;
          (3) expand the knowledge base of the Department by providing 
        for rotational assignments of employees to other components;
          (4) build professional relationships and contacts among the 
        employees in the Department;
          (5) invigorate the workforce with exciting and professionally 
        rewarding opportunities;
          (6) incorporate Department human capital strategic plans and 
        activities, and address critical human capital deficiencies, 
        recruitment and retention efforts, and succession planning in 
        the Federal workforce of the Department; and
          (7) complement and incorporate (but not replace) rotational 
        programs in the Department in effect on October 4, 2006.
  (c) Administration.--
          (1) In general.--The Chief Human Capital Officer shall 
        administer the Rotation Program.
          (2) Responsibilities.--The Chief Human Capital Officer 
        shall--
                  (A) provide oversight of the establishment and 
                implementation of the Rotation Program;
                  (B) establish a framework that supports the goals of 
                the Rotation Program and promotes cross-disciplinary 
                rotational opportunities;
                  (C) establish eligibility for employees to 
                participate in the Rotation Program and select 
                participants from employees who apply;
                  (D) establish incentives for employees to participate 
                in the Rotation Program, including promotions and 
                employment preferences;
                  (E) ensure that the Rotation Program provides 
                professional education and training;
                  (F) ensure that the Rotation Program develops 
                qualified employees and future leaders with broad-based 
                experience throughout the Department;
                  (G) provide for greater interaction among employees 
                in components of the Department; and
                  (H) coordinate with rotational programs in the 
                Department in effect on October 4, 2006.
  (d) Allowances, Privileges, and Benefits.--All allowances, 
privileges, rights, seniority, and other benefits of employees 
participating in the Rotation Program shall be preserved.
Sec. 10357. Homeland Security Education Program
  (a) Establishment.--The Secretary, acting through the Administrator 
of the Federal Emergency Management Agency, shall establish a graduate-
level Homeland Security Education Program in the National Capital 
Region to provide educational opportunities to senior Federal officials 
and selected State and local officials with homeland security and 
emergency management responsibilities. The Administrator shall appoint 
an individual to administer the activities under this section.
  (b) Leveraging of Existing Resources.--To maximize efficiency and 
effectiveness in carrying out the Homeland Security Education Program, 
the Administrator shall use existing Department-reviewed Master's 
Degree curricula in homeland security, including curricula pending 
accreditation, together with associated learning materials, quality 
assessment tools, digital libraries, exercise systems, and other 
educational facilities, including the National Domestic Preparedness 
Consortium, the National Fire Academy, and the Emergency Management 
Institute. The Administrator may develop additional educational 
programs, as appropriate.
  (c) Student Enrollment.--
          (1) Sources.--The student body of the Homeland Security 
        Education Program shall include officials from Federal, State, 
        local, and tribal governments, and from other sources 
        designated by the Administrator.
          (2) Enrollment priorities and selection criteria.--The 
        Administrator shall establish policies governing student 
        enrollment priorities and selection criteria that are 
        consistent with the mission of the Homeland Security Education 
        Program.
          (3) Diversity.--The Administrator shall take reasonable steps 
        to ensure that the student body represents racial, gender, and 
        ethnic diversity.
  (d) Service Commitment.--
          (1) In general.--Before an employee selected for the Homeland 
        Security Education Program may be assigned to participate in 
        the program, the employee shall agree in writing--
                  (A) to continue in the service of the agency 
                sponsoring the employee during the 2-year period 
                beginning on the date on which the employee completes 
                the program, unless the employee is involuntarily 
                separated from the service of that agency for reasons 
                other than a reduction in force; and
                  (B) to pay to the Government the amount of the 
                additional expenses incurred by the Government in 
                connection with the employee's education if the 
                employee is voluntarily separated from the service of 
                the agency before the end of the period described in 
                subparagraph (A).
          (2) Payment of expenses.--
                  (A) Exemption.--An employee who leaves the service of 
                the sponsoring agency to enter into the service of 
                another agency in any branch of the Government shall 
                not be required to make a payment under paragraph 
                (1)(B), unless the head of the agency that sponsored 
                the education of the employee notifies that employee 
                before the date on which the employee enters the 
                service of the other agency that payment is required 
                under that paragraph.
                  (B) Amount of payment.--If an employee is required to 
                make a payment under paragraph (1)(B), the agency that 
                sponsored the education of the employee shall determine 
                the amount of the payment, except that the amount may 
                not exceed the pro rata share of the expenses incurred 
                for the time remaining in the 2-year period.
          (3) Recovery of payment.--If an employee who is required to 
        make a payment under this subsection does not make the payment, 
        a sum equal to the amount of the expenses incurred by the 
        Government for the education of that employee is recoverable by 
        the Government from the employee or his estate by--
                  (A) setoff against accrued pay, compensation, amount 
                of retirement credit, or other amount due the employee 
                from the Government; or
                  (B) another method provided by law for the recovery 
                of amounts owing to the Government.

                      Subchapter V--Cybersecurity

Sec. 10371. Workforce assessment and strategy
  (a) Definitions.--In this section:
          (1) Cybersecurity category.--The term ``Cybersecurity 
        Category'' means a position's or incumbent's primary work 
        function involving cybersecurity, which is further defined by 
        Specialty Area.
          (2) Specialty area.--The term ``Specialty Area'' means any of 
        the common types of cybersecurity work as recognized by the 
        National Initiative for Cybersecurity Education's National 
        Cybersecurity Workforce Framework report.
  (b) Workforce Assessment.--Not later than 180 days after December 18, 
2014, and annually afterwards for 3 years, the Secretary shall assess 
the cybersecurity workforce of the Department. The assessment shall 
include, at a minimum--
          (1) an assessment of the readiness and capacity of the 
        workforce of the Department to meet its cybersecurity mission;
          (2) information on where cybersecurity workforce positions 
        are located in the Department;
          (3) information on which cybersecurity workforce positions 
        are--
                  (A) performed by--
                          (i) permanent full-time equivalent employees 
                        of the Department, including, to the greatest 
                        extent practicable, demographic information 
                        about the employees;
                          (ii) independent contractors; and
                          (iii) individuals employed by other Federal 
                        agencies, including the National Security 
                        Agency; or
                  (B) vacant; and
          (4) information on-
                  (A) the percentage of individuals in each 
                Cybersecurity Category and Specialty Area who received 
                essential training to perform their jobs; and
                  (B) in cases in which that essential training was not 
                received, what challenges, if any, were encountered 
                with respect to the provision of the essential 
                training.
  (c) Workforce Strategy.--
          (1) Establishment, maintenance, and updates.--The Secretary 
        shall--
                  (A) develop a comprehensive workforce strategy to 
                enhance the readiness, capacity, training, recruitment, 
                and retention of the cybersecurity workforce of the 
                Department; and
                  (B) maintain and, as necessary, update the 
                comprehensive workforce strategy developed under 
                subparagraph (A).
          (2) Contents.--The comprehensive workforce strategy developed 
        under paragraph (1) shall include a description of--
                  (A) a multi-phased recruitment plan, including with 
                respect to experienced professionals, members of 
                disadvantaged or underserved communities, the 
                unemployed, and veterans;
                  (B) a 5-year implementation plan;
                  (C) a 10-year projection of the cybersecurity 
                workforce needs of the Department;
                  (D) any obstacle impeding the hiring and development 
                of a cybersecurity workforce in the Department; and
                  (E) any gap in the existing cybersecurity workforce 
                of the Department and a plan to fill the gap.
  (d) Updates.--The Secretary shall submit to the appropriate 
congressional committees annual updates on--
          (1) the cybersecurity workforce assessment required under 
        subsection (b); and
          (2) the progress of the Secretary in carrying out the 
        comprehensive workforce strategy required to be developed under 
        subsection (c).
Sec. 10372. Homeland Workforce Measurement Initiative
  (a) Definitions.--In this section:
          (1) Appropriate congressional committees.--The term 
        ``appropriate congressional committees'' means--
                  (A) the Committee on Homeland Security and 
                Governmental Affairs of the Senate;
                  (B) the Committee on Homeland Security of the House 
                of Representatives; and
                  (C) the Committee on House Administration of the 
                House of Representatives.
          (2) Cybersecurity work category; data element code; specialty 
        area.--The terms ``Cybersecurity Work Category'', ``Data 
        Element Code'', and ``Specialty Area'' have the same meanings 
        given the terms in the Office of Personnel Management's Guide 
        to Data Standards.
          (3) Director.---The term ``Director'' means the Director of 
        the Office of Personnel Management.
  (b) National Cybersecurity Workforce Measurement Initiative.--
          (1) In general.--The Secretary shall--
                  (A) identify all cybersecurity workforce positions in 
                the Department;
                  (B) determine the primary Cybersecurity Work Category 
                and Specialty Area of those positions; and
                  (C) assign the corresponding Data Element Code, as 
                set forth in the Office of Personnel Management's Guide 
                to Data Standards that is aligned with the National 
                Initiative for Cybersecurity Education's National 
                Cybersecurity Workforce Framework report, in accordance 
                with paragraph (2).
          (2) Employment codes.--
                  (A) Procedures.--The Secretary shall establish 
                procedures to--
                          (i) identify open positions that include 
                        cybersecurity functions (as defined in the 
                        Office of Personnel Management Guide to Data 
                        Standards); and
                          (ii) assign the appropriate employment code 
                        to each position, using agreed standards and 
                        definitions.
                  (B) Code assignments.--The Secretary shall assign the 
                appropriate employment code to--
                          (i) each employee in the Department who 
                        carries out cybersecurity functions; and
                          (ii) each open position in the Department 
                        that has been identified as having 
                        cybersecurity functions.
          (3) Progress report.--The Director shall submit a progress 
        report on the implementation of this subsection to the 
        appropriate congressional committees.
  (c) Identification of Cybersecurity Specialty Areas of Critical 
Need.--
          (1) In general.--Annually through 2021, the Secretary, in 
        consultation with the Director, shall--
                  (A) identify Cybersecurity Work Categories and 
                Specialty Areas of critical need in the Department's 
                cybersecurity workforce; and
                  (B) submit a report to the Director that--
                          (i) describes the Cybersecurity Work 
                        Categories and Specialty Areas identified under 
                        subparagraph (A); and
                          (ii) substantiates the critical need 
                        designations.
          (2) Guidance.--The Director shall provide the Secretary with 
        timely guidance for identifying Cybersecurity Work Categories 
        and Specialty Areas of critical need, including--
                  (A) current Cybersecurity Work Categories and 
                Specialty Areas with acute skill shortages; and
                  (B) Cybersecurity Work Categories and Specialty Areas 
                with emerging skill shortages.
          (3) Cybersecurity critical needs report.--Not later than 18 
        months after December 18, 2014, the Secretary, in consultation 
        with the Director, shall--
                  (A) identify Specialty Areas of critical need for 
                cybersecurity workforce across the Department; and
                  (B) submit a progress report on the implementation of 
                this subsection to the appropriate congressional 
                committees.
  (d) Government Accountability Office Status Reports.--The Comptroller 
General shall--
          (1) analyze and monitor the implementation of subsections (b) 
        and (c); and
          (2) not later than 3 years after December 18, 2014, submit a 
        report to the appropriate congressional committees that 
        describes the status of the implementation.
Sec. 10373. Recruitment and retention
  (a) Definitions.--In this section
          (1) Appropriate committees of congress.--The term 
        ``appropriate committees of Congress'' means the Committee on 
        Homeland Security and Governmental Affairs and the Committee on 
        Appropriations of the Senate and the Committee on Homeland 
        Security and the Committee on Appropriations of the House of 
        Representatives.
          (2) Collective bargaining agreement.--The term ``collective 
        bargaining agreement'' has the same meaning given that term in 
        section 7103(a)(8) of title 5.
          (3) Excepted service.--The term ``excepted service'' has the 
        same meaning given that term in section 2103 of title 5.
          (4) Preference eligible.--The term ``preference eligible'' 
        has the same meaning given that term in section 2108 of title 
        5.
          (5) Qualified position.--The term ``qualified position'' 
        means a position, designated by the Secretary for the purpose 
        of this section, in which the incumbent performs, manages, or 
        supervises functions that execute the responsibilities of the 
        Department relating to cybersecurity.
          (6) Senior Executive Service.--The term ``Senior Executive 
        Service'' has the same meaning given that term in section 2101a 
        of title 5.
  (b) General Authority of Secretary.--
          (1) Establish positions, appoint personnel, and fix rates of 
        pay.--
                  (A) In general.--The Secretary may--
                          (i) establish, as positions in the excepted 
                        service, such qualified positions in the 
                        Department as the Secretary determines 
                        necessary to carry out the responsibilities of 
                        the Department relating to cybersecurity, 
                        including positions formerly identified as--
                                  (I) senior level positions designated 
                                under section 5376 of title 5; and
                                  (II) positions in the Senior 
                                Executive Service;
                          (ii) appoint an individual to a qualified 
                        position (after taking into consideration the 
                        availability of preference eligibles for 
                        appointment to the position); and
                          (iii) subject to the requirements of 
                        paragraphs (2) and (3), fix the compensation of 
                        an individual for service in a qualified 
                        position.
                  (B) Construction with other laws.--The authority of 
                the Secretary under this subsection applies without 
                regard to the provisions of any other law relating to 
                the appointment, number, classification, or 
                compensation of employees.
          (2) Basic pay.--
                  (A) Authority to fix rates of basic pay.--In 
                accordance with this section, the Secretary shall fix 
                the rates of basic pay for any qualified position 
                established under paragraph (1) in relation to the 
                rates of pay provided for employees in comparable 
                positions in the Department of Defense and subject to 
                the same limitations on maximum rates of pay 
                established for those employees by law or regulation.
                  (B) Prevailing rate systems.--The Secretary may, 
                consistent with section 5341 of title 5, adopt such 
                provisions of that title as provide for prevailing rate 
                systems of basic pay and may apply those provisions to 
                qualified positions for employees in or under which the 
                Department may employ individuals described by section 
                5342(a)(2)(A) of title 5.
          (3) Additional compensation, incentives, and allowances.--
                  (A) Additional compensation based on title 5 
                authorization.--The Secretary may provide employees in 
                qualified positions compensation (in addition to basic 
                pay), including benefits, incentives, and allowances, 
                consistent with, and not in excess of the level 
                authorized for, comparable positions authorized by 
                title 5.
                  (B) Allowances in nonforeign areas.--An employee in a 
                qualified position whose rate of basic pay is fixed 
                under paragraph (2)(A) is eligible for an allowance 
                under section 5941 of title 5, on the same basis and to 
                the same extent as if the employee was an employee 
                covered by section 5941, including eligibility 
                conditions, allowance rates, and all other terms and 
                conditions in law or regulation.
          (4) Plan for execution of authorities.--The Secretary shall 
        submit a report to the appropriate committees of Congress with 
        a plan for the use of the authorities provided under this 
        subsection.
          (5) Collective bargaining agreements.--Nothing in paragraph 
        (1) may be construed to impair the continued effectiveness of a 
        collective bargaining agreement with respect to an office, 
        component, subcomponent, or equivalent of the Department that 
        is a successor to an office, component, subcomponent, or 
        equivalent of the Department covered by the agreement before 
        the succession.
          (6) Required regulations.--The Secretary, in coordination 
        with the Director of the Office of Personnel Management, shall 
        prescribe regulations for the administration of this section.
  (c) Annual Report.--Not later than December 18, 2016, 2017, and 2018, 
the Secretary shall submit to the appropriate committees of Congress a 
detailed report that--
          (1) discusses the process used by the Secretary in accepting 
        applications, assessing candidates, ensuring adherence to 
        veterans' preference, and selecting applicants for vacancies to 
        be filled by an individual for a qualified position;
          (2) describes--
                  (A) how the Secretary plans to fulfill the critical 
                need of the Department to recruit and retain employees 
                in qualified positions;
                  (B) the measures that will be used to measure 
                progress; and
                  (C) any actions taken during the reporting period to 
                fulfill that critical need;
          (3) discusses how the planning and actions taken under 
        paragraph (2) are integrated into the strategic workforce 
        planning of the Department;
          (4) provides metrics on actions occurring during the 
        reporting period, including--
                  (A) the number of employees in qualified positions 
                hired by occupation and grade and level or pay band;
                  (B) the placement of employees in qualified positions 
                by directorate and office in the Department;
                  (C) the total number of veterans hired;
                  (D) the number of separations of employees in 
                qualified positions by occupation and grade and level 
                or pay band;
                  (E) the number of retirements of employees in 
                qualified positions by occupation and grade and level 
                or pay band; and
                  (F) the number and amounts of recruitment, 
                relocation, and retention incentives paid to employees 
                in qualified positions by occupation and grade and 
                level or pay band; and
          (5) describes the training provided to supervisors of 
        employees in qualified positions at the Department on the use 
        of the new authorities.
  (d) Three-Year Probationary Period.--The probationary period for all 
employees hired under the authority established in this section is 3 
years.
  (e) Incumbents of Existing Competitive Service Positions.--
          (1) In general.--An individual serving in a position on 
        December 18, 2014, that is selected to be converted to a 
        position in the excepted service under this section shall have 
        the right to refuse the conversion.
          (2) Subsequent conversion.--After the date on which an 
        individual who refuses a conversion under paragraph (1) stops 
        serving in the position selected to be converted, the position 
        may be converted to a position in the excepted service.
  (f) Report.--The National Protection and Programs Directorate shall 
submit a report regarding the availability of, and benefits (including 
cost savings and security) of using, cybersecurity personnel and 
facilities outside of the National Capital Region (as defined in 
section 2674 of title 10) to serve the Federal and national need to--
          (1) the Subcommittee on Homeland Security of the Committee on 
        Appropriations and the Committee on Homeland Security and 
        Governmental Affairs of the Senate; and
          (2) the Subcommittee on Homeland Security of the Committee on 
        Appropriations and the Committee on Homeland Security of the 
        House of Representatives.

                Subchapter VI--Miscellaneous Provisions

Sec. 10381. Advisory committees
  (a) In General.--The Secretary may establish, appoint members of, and 
use the services of, advisory committees, that the Secretary considers 
necessary. An advisory committee established under this section may be 
exempted by the Secretary from Public Law 92-463 (5 U.S.C. App.), but 
the Secretary shall publish notice in the Federal Register announcing 
the establishment of the committee and identifying its purpose and 
membership. Notwithstanding the preceding sentence, members of an 
advisory committee that is exempted by the Secretary under the 
preceding sentence who are special Government employees (as that term 
is defined in section 202 of title 18) shall be eligible for 
certifications under section 208(b)(3) of title 18, for official 
actions taken as a member of the advisory committee.
  (b) Termination.--An advisory committee established by the Secretary 
shall terminate 2 years after the date of its establishment, unless the 
Secretary makes a written determination to extend the advisory 
committee to a specified date, which shall not be more than 2 years 
after the date on which the determination is made. The Secretary may 
make any number of subsequent extensions consistent with this 
subsection.
Sec. 10382. Use of appropriated funds
  (a) In General.--Unless otherwise provided, funds may be used for the 
following:
          (1) Purchase of uniforms without regard to the general 
        purchase price limitation for the current fiscal year;
          (2) Purchase of insurance for official motor vehicles 
        operated in foreign countries;
          (3) Entering into contracts with the Department of State to 
        furnish health and medical services to employees and their 
        dependents serving in foreign countries;
          (4) Services authorized by section 3109 of title 5, United 
        States Code.
          (5) The hire and purchase of motor vehicles, as authorized by 
        section 1343 of title 31.
  (b) Police-Like Use of Vehicles.--The purchase for police-type use of 
passenger vehicles may be made without regard to the general purchase 
price limitation for the current fiscal year.
  (c) Disposal of Property.--
          (1) Strict compliance.--If specifically authorized to dispose 
        of real property in this subtitle or any law, the Secretary 
        shall exercise this authority in strict compliance with 
        subchapter IV of chapter 5 of title 40.
          (2) Deposit of proceeds.--The Secretary shall deposit the 
        proceeds of an exercise of property disposal authority into the 
        miscellaneous receipts of the Treasury under section 3302(b) of 
        title 31.
  (d) Gifts.--Except as authorized by section 10387 or 11122 of this 
title, section 2601 of title 10, or section 93 of title 14, gifts or 
donations of services or property of or for the Department may not be 
accepted, used, or disposed of unless specifically permitted in advance 
in an appropriations Act and only under the conditions and for the 
purposes specified in the appropriations Act.
  (e) Budget Request.--Under section 1105 of title 31, the President 
shall submit to Congress a detailed budget request for the Department 
for each fiscal year.
Sec. 10383. Reports and consultation addressing use of appropriated 
                    funds
  (a) In General.--Notwithstanding any other provision of this 
subtitle, a report, notification, or consultation addressing directly 
or indirectly the use of appropriated funds and stipulated by this 
subtitle to be submitted to, or held with, Congress or a Congressional 
committee shall also be submitted to, or held with, the Committees on 
Appropriations of the Senate and the House of Representatives under the 
same conditions and with the same restrictions as stipulated by this 
subtitle.
  (b) Reprogramming and Transfer of Funds.--Notifications by the 
Department under an authority for reprogramming or transfer of funds 
shall be made solely to the Committees on Appropriations of the Senate 
and the House of Representatives.
Sec. 10384. Buy America requirements
  (a) Definition of United States.--In this section, the term ``United 
States'' includes the possessions of the United States.
  (b) Requirement.--Except as provided in subsections (d) and (e), 
funds appropriated or otherwise available to the Department may not be 
used for the procurement of an item described in subsection (c) under a 
contract entered into by the Department on and after August 16, 2009, 
if the item is not grown, reprocessed, reused, or produced in the 
United States.
  (c) Covered Items.--An item referred to in subsection (b) is an 
article or item of any of the following, if the item is directly 
related to the national security interests of the United States:
          (1) Clothing and the materials and components of clothing, 
        other than sensors, electronics, or other items added to, and 
        not normally associated with, clothing (and the materials and 
        components of clothing).
          (2) Tents, tarpaulins, covers, textile belts, bags, 
        protective equipment (including body armor), sleep systems, 
        load carrying equipment (including fieldpacks), textile marine 
        equipment, parachutes, or bandages.
          (3) Cotton and other natural fiber products, woven silk or 
        woven silk blends, spun silk yarn for cartridge cloth, 
        synthetic fabric or coated synthetic fabric (including all 
        textile fibers and yarns that are for use in the fabrics), 
        canvas products, or wool (whether in the form of fiber or yarn 
        or contained in fabrics, materials, or manufactured articles).
          (4) An item of individual equipment manufactured from or 
        containing the fibers, yarns, fabrics, or materials.
  (d) Applicability to Contracts and Subcontracts for Procurement of 
Commercial Items.--
          (1) Definition of commercial.--In this section, the word 
        ``commercial'' has the meaning given the term in the Federal 
        Acquisition Regulation--Part 2.
          (2) In general.--This section is applicable to contracts and 
        subcontracts for the procurement of commercial items 
        notwithstanding section 1906 of title 41, with the exception of 
        commercial items listed under paragraphs (3) and (4) of 
        subsection (c).
  (e) Exceptions.--
          (1) Availability.--
                  (A) Materials.--Subsection (b) does not apply to 
                covered items that are, or include, materials 
                determined to be non-available in accordance with 
                Federal Acquisition Regulation 25.104 Nonavailable 
                Articles.
                  (B) Unsatisfactory quality and insufficient 
                quantity.--Subsection (b) does not apply to the extent 
                that the Secretary determines that satisfactory quality 
                and sufficient quantity of an article or item described 
                in subsection (c) grown, reprocessed, reused, or 
                produced in the United States cannot be procured as and 
                when needed at United States market prices.
          (2) De minimis noncompliance.--Notwithstanding subsection 
        (b), the Secretary may accept delivery of an item covered by 
        subsection (c) that contains non-compliant fibers if the total 
        value of non-compliant fibers contained in the end item does 
        not exceed 10 percent of the total purchase price of the end 
        item.
          (3) Certain procurements outside the united states.--
        Subsection (b) does not apply to the following:
                  (A) Procurements by vessels in foreign waters.
                  (B) Emergency procurements.
          (4) Small purchases.--Subsection (b) does not apply to 
        purchases for amounts not greater than the simplified 
        acquisition threshold referred to in section 2304(g) of title 
        10.
  (f) Notification Required Within 7 Days After Contract Award if 
Certain Exceptions Applied.--In the case of a contract for the 
procurement of an item described in subsection (c), if the Secretary 
applies an exception set forth in subsection (e)(1) with respect to 
that contract, the Secretary shall, not later than 7 days after the 
award of the contract, post a notification that the exception has been 
applied on the Internet site maintained by the General Services 
Administration known as FedBizOpps.gov (or a successor site).
  (g) Inclusion of Information in New Training Programs.--The Secretary 
shall ensure that a training program for the acquisition workforce 
includes comprehensive information on the requirements of this section 
and the regulations implementing this section.
  (h) Consistency With International Agreements.--This section shall be 
applied in a manner consistent with United States obligations under 
international agreements.
Sec. 10385. Horse adoption program
  With respect to a horse or other equine belonging to a component or 
agency of the Department, no funds made available in any Act may be 
used to destroy or put out to pasture any horse or other equine that 
has become unfit for service, unless the trainer or handler is first 
given the option to take possession of the equine through an adoption 
program that has safeguards against slaughter and inhumane treatment.
Sec. 10386. Future Years Homeland Security Program
  (a) In General.--Each budget request submitted to Congress for the 
Department under section 1105 of title 31, shall, at or about the same 
time, be accompanied by a Future Years Homeland Security Program.
  (b) Contents.--The Future Years Homeland Security Program shall--
          (1) include the same type of information, organizational 
        structure, and level of detail as the future years defense 
        program submitted to Congress by the Secretary of Defense under 
        section 221 of title 10;
          (2) set forth the homeland security strategy of the 
        Department, which shall be developed and updated as appropriate 
        annually by the Secretary, that was used to develop program 
        planning guidance for the Future Years Homeland Security 
        Program; and
          (3) include an explanation of how the resource allocations 
        included in the Future Years Homeland Security Program 
        correlate to the homeland security strategy set forth under 
        paragraph (2).
Sec. 10387. Federal Law Enforcement Training Centers
  (a) Definitions.--In this section:
          (1) Basic training.--The term ``basic training'' means the 
        entry-level training required to instill in new Federal law 
        enforcement personnel fundamental knowledge of criminal laws, 
        law enforcement and investigative techniques, laws and rules of 
        evidence, rules of criminal procedure, constitutional rights, 
        search and seizure, and related issues.
          (2) Detailed instructors.--The term ``detailed instructors'' 
        means personnel who are assigned to the Federal Law Enforcement 
        Training Centers (in this section referred to as ``FLETC'') for 
        a period of time to serve as instructors for the purpose of 
        conducting basic and advanced training.
          (3) Director.--The term ``Director'' means the Director of 
        FLETC.
          (4) Distributed learning.--The term ``distributed learning'' 
        means education in which students take academic courses by 
        accessing information and communicating with the instructor, 
        from various locations, on an individual basis, over a computer 
        network or via other technologies.
          (5) Employee.--The term ``employee'' has the meaning given 
        the term in section 2105 of title 5.
          (6) Federal agency.--The term ``Federal agency'' means--
                  (A) an executive department as defined in section 101 
                of title 5;
                  (B) an independent establishment as defined in 
                section 104 of title 5;
                  (C) a Government corporation as defined in section 
                9101 of title 31;
                  (D) the Government Printing Office;
                  (E) the United States Capitol Police;
                  (F) the United States Supreme Court Police; and
                  (G) Government agencies with law enforcement related 
                duties.
          (7) Law enforcement personnel.--The term ``law enforcement 
        personnel'' means an individual, including a criminal 
        investigator (commonly known as ``agent'') and uniformed police 
        (commonly known as ``officer''), who has statutory authority to 
        search, seize, make arrests, or carry firearms.
          (8) Local.--The term ``local'' means--
                  (A) of or pertaining to any county, parish, 
                municipality, city, town, township, rural community, 
                unincorporated town or village, local public authority, 
                educational institution, special district, intrastate 
                district, council of governments (regardless of whether 
                the council of governments is incorporated as a 
                nonprofit corporation under State law), regional or 
                interstate government entity, agency or instrumentality 
                of a local government, or other political subdivision 
                of a State; and
                  (B) an Indian tribe or authorized tribal 
                organization, or in Alaska a Native village or Alaska 
                Regional Native Corporation.
          (9) Partner organization.--The term ``partner organization'' 
        means a Federal agency participating in FLETC's training 
        programs under a formal memorandum of understanding.
          (10) State.--The term ``State'' means a State of the United 
        States, the District of Columbia, Puerto Rico, the Virgin 
        Islands, Guam, American Samoa, the Northern Mariana Islands, 
        and any possession of the United States.
          (11) Student intern.--The term ``student intern'' means any 
        eligible baccalaureate or graduate degree student participating 
        in FLETC's College Intern Program.
  (b) Establishment.--The Secretary shall maintain in the Department 
the Federal Law Enforcement Training Centers. The Director--
          (1) is the head of FLETC;
          (2) shall occupy a career-reserved position in the Senior 
        Executive Service; and
          (3) shall report to the Secretary.
  (c) Functions of the Director.--The Director shall--
          (1) develop training goals and establish strategic and 
        tactical organizational program plans and priorities;
          (2) provide direction and management for FLETC's training 
        facilities, programs, and support activities while ensuring 
        that organizational program goals and priorities are executed 
        in an effective and efficient manner;
          (3) develop homeland security and law enforcement training 
        curricula, including curricula relating to domestic 
        preparedness and response to threats or acts of terrorism, for 
        Federal, State, local, tribal, territorial, and international 
        law enforcement and security agencies and private-sector 
        security agencies;
          (4) monitor progress toward strategic and tactical FLETC 
        plans regarding training curricula, including curricula 
        relating to domestic preparedness and response to threats or 
        acts of terrorism, and facilities;
          (5) ensure the timely dissemination of homeland security 
        information as necessary to Federal, State, local, tribal, 
        territorial, and international law enforcement and security 
        agencies and the private sector to achieve the training goals 
        for those entities, in accordance with paragraph (1);
          (6) carry out delegated acquisition responsibilities in a 
        manner that--
                  (A) fully complies with--
                          (i) Federal law;
                          (ii) the Federal Acquisition Regulation, 
                        including requirements regarding agency 
                        obligations to contract only with responsible 
                        prospective contractors; and
                          (iii) Department acquisition management 
                        directives; and
                  (B) maximizes opportunities for small business 
                participation;
          (7) coordinate and share information with the heads of 
        relevant components and offices on digital learning and 
        training resources, as appropriate;
          (8) advise the Secretary on matters relating to executive 
        level policy and program administration of Federal, State, 
        local, tribal, territorial, and international law enforcement 
        and security training activities and private-sector security 
        agency training activities, including training activities 
        relating to domestic preparedness and response to threats or 
        acts of terrorism;
          (9) collaborate with the Secretary and relevant officials at 
        other Federal departments and agencies, as appropriate, to 
        improve international instructional development, training, and 
        technical assistance provided by the Federal Government to 
        foreign law enforcement; and
          (10) carry out such other functions as the Secretary 
        determines are appropriate.
  (d) Training Responsibilities.--
          (1) In general.--The Director may provide training to 
        employees of Federal agencies who are engaged, directly or 
        indirectly, in homeland security operations or Federal law 
        enforcement activities, including operations or activities 
        relating to domestic preparedness and response to threats or 
        acts of terrorism. In carrying out the training, the Director 
        shall--
                  (A) evaluate best practices of law enforcement 
                training methods and curriculum content to maintain 
                state-of-the-art expertise in adult learning 
                methodology;
                  (B) provide expertise and technical assistance, 
                including on domestic preparedness and response to 
                threats or acts of terrorism, to Federal, State, local, 
                tribal, territorial, and international law enforcement 
                and security agencies and private-sector security 
                agencies; and
                  (C) maintain a performance evaluation process for 
                students.
          (2) Relationship with law enforcement agencies.--The Director 
        shall consult with relevant law enforcement and security 
        agencies in the development and delivery of FLETC's training 
        programs.
          (3) Training delivery locations.--The training required under 
        paragraph (1) may be conducted at FLETC facilities, at 
        appropriate off-site locations, or by distributed learning.
          (4) Strategic partnerships.--
                  (A) In general.--The Director may--
                          (i) execute strategic partnerships with State 
                        and local law enforcement to provide them with 
                        specific training, including maritime law 
                        enforcement training; and
                          (ii) coordinate with the Under Secretary 
                        responsible for overseeing critical 
                        infrastructure protection, cybersecurity, and 
                        other related programs of the Department and 
                        with private sector stakeholders, including 
                        critical infrastructure owners and operators, 
                        to provide training pertinent to improving 
                        coordination, security, and resiliency of 
                        critical infrastructure.
                  (B) Provision of information.--The Director shall 
                provide to the Committee on Homeland Security of the 
                House of Representatives and the Committee on Homeland 
                Security and Governmental Affairs of the Senate, on 
                request, information on activities undertaken in the 
                previous year pursuant to subparagraph (A).
          (5) FLETC details to department.--The Director may detail 
        employees of FLETC to positions throughout the Department in 
        furtherance of improving the effectiveness and quality of 
        training provided by the Department and, as appropriate, the 
        development of critical departmental programs and initiatives.
          (6) Detail of instructions to fletc.--Partner organizations 
        that wish to participate in FLETC training programs shall 
        assign non-reimbursable detailed instructors to FLETC for 
        designated time periods to support all training programs at 
        FLETC, as appropriate. The Director shall determine the number 
        of detailed instructors that is proportional to the number of 
        training hours requested by each partner organization scheduled 
        by FLETC for each fiscal year. If a partner organization is 
        unable to provide a proportional number of detailed 
        instructors, the partner organization shall reimburse FLETC for 
        the salary equivalent for the detailed instructors, as 
        appropriate.
          (7) Partner organization expenses requirements.--
                  (A) In general.--Partner organizations shall be 
                responsible for the following expenses:
                          (i) Salaries, travel expenses, lodging 
                        expenses, and miscellaneous per diem allowances 
                        of their personnel attending training courses 
                        at FLETC.
                          (ii) Salaries and travel expenses of 
                        instructors and support personnel involved in 
                        conducting advanced training at FLETC for 
                        partner organization personnel and the cost of 
                        expendable supplies and special equipment for 
                        the training, unless the supplies and equipment 
                        are common to FLETC-conducted training and have 
                        been included in FLETC's budget for the 
                        applicable fiscal year.
                  (B) Excess basic and advanced federal training.--All 
                hours of advanced training and hours of basic training 
                provided in excess of the training for which 
                appropriations were made available shall be paid by the 
                partner organizations and provided to FLETC on a 
                reimbursable basis in accordance with section 4104 of 
                title 5.
          (8) Provision of non-federal training.--
                  (A) In general.--The Director may charge and retain 
                fees that would pay for FLETC's actual costs of the 
                training for the following:
                          (i) State, local, tribal, and territorial law 
                        enforcement personnel.
                          (ii) Foreign law enforcement officials, 
                        including provision of the training at the 
                        International Law Enforcement Academies 
                        wherever established.
                          (iii) Private-sector security officers, 
                        participants in the Federal Flight Deck Officer 
                        program under section 40930 of this title, and 
                        other appropriate private-sector individuals.
                  (B) Waiver.--The Director may waive the requirement 
                for reimbursement of any cost under this section and 
                shall maintain records regarding the reasons for any 
                requirements waived.
          (9) Reimbursement.--The Director may reimburse travel or 
        other expenses for non-Federal personnel who attend activities 
        relating to training sponsored by FLETC, at travel and per diem 
        rates established by the General Services Administration.
          (10) Student support.--In furtherance of FLETC's training 
        mission, the Director may provide the following support to 
        students:
                  (A) Athletic and related activities.
                  (B) Short-term medical services.
                  (C) Chaplain services.
          (11) Authority to hire federal annuitants.--
                  (A) In general.--The Director may appoint and 
                maintain, as necessary, Federal annuitants who have 
                expert knowledge and experience to meet the training 
                responsibilities under this subsection.
                  (B) No reduction in retirement pay.--A Federal 
                annuitant employed pursuant to this paragraph shall not 
                be subject to any reduction in pay for annuity 
                allocable to the period of actual employment under the 
                provisions of section 8344 or 8468 of title 5 or a 
                similar provision of any other retirement system for 
                employees.
                  (C) Re-employed annuitants.--A Federal annuitant 
                employed pursuant to this paragraph shall not be 
                considered an employee for purposes of subchapter III 
                of chapter 83 or chapter 84 of title 5 or such other 
                retirement system (referred to in subparagraph (B)) as 
                may apply.
                  (D) Counting.--Federal annuitants shall be counted on 
                a full time equivalent basis.
                  (E) Limitation.--No appointment under this paragraph 
                may be made that would result in the displacement of 
                any employee.
          (12) Travel for intermittent employees.--The Director may 
        reimburse intermittent Federal employees traveling from outside 
        a commuting distance (to be predetermined by the Director) for 
        travel expenses.
  (e) Housing.--Individuals attending training at any FLETC facility 
shall, to the extent practicable and in accordance with FLETC policy, 
reside in on-FLETC or FLETC-provided housing.
  (f) Additional Fiscal Authorities.--To further the goals and 
objectives of FLETC, the Director may--
          (1) expend funds for public awareness and to enhance 
        community support of law enforcement training, including the 
        advertisement of available law enforcement training programs;
          (2) accept and use gifts of property, both real and personal, 
        and accept gifts of services, for purposes that promote the 
        functions of the Director pursuant to subsection (c) and the 
        training responsibilities of the Director under subsection (d);
          (3) accept reimbursement from other Federal agencies for the 
        construction or renovation of training and support facilities 
        and the use of equipment and technology on government owned-
        property;
          (4) obligate funds in anticipation of reimbursements from 
        agencies receiving training at FLETC, except that total 
        obligations at the end of a fiscal year may not exceed total 
        budgetary resources available at the end of the fiscal year;
          (5) in accordance with the purchasing authority provided 
        under section 10382(a) and (b) of this title--
                  (A) purchase employee and student uniforms; and
                  (B) purchase and lease passenger motor vehicles, 
                including vehicles for police-type use;
          (6) provide room and board for student interns; and
          (7) expend funds each fiscal year to honor and memorialize 
        FLECT graduates who have died in the line of duty.
  (g) Prohibition on New Funding.--No funds are authorized to carry out 
this section. This section shall be carried out using amounts otherwise 
appropriated or made available for that purpose.
Sec. 10388. Fees
  (a) Fees for Credentialing and Background Investigations in 
Transportation.--The Secretary shall charge reasonable fees for 
providing credentialing and background investigations in the field of 
transportation. The establishment and collection of fees shall be 
subject to the following requirements:
          (1) Fees, in the aggregate, shall not exceed the costs 
        incurred by the Department associated with providing the 
        credential or performing the background record checks.
          (2) The Secretary shall charge fees in amounts that are 
        reasonably related to the costs of providing services in 
        connection with the activity or item for which the fee is 
        charged.
          (3) A fee may not be collected except to the extent the fee 
        will be expended to pay for--
                  (A) the costs of conducting or obtaining a criminal 
                history record check and a review of available law 
                enforcement databases and commercial databases and 
                records of other governmental and international 
                agencies;
                  (B) reviewing and adjudicating requests for waiver 
                and appeals of agency decisions with respect to 
                providing the credential, performing the background 
                record check, and denying requests for waiver and 
                appeals; and
                  (C) other costs related to providing the credential 
                or performing the background record check.
          (4) A fee collected shall be available for expenditure only 
        to pay the costs incurred in providing services in connection 
        with the activity or item for which the fee is charged and 
        shall remain available until expended.
  (b) Recurrent Training of Aliens in Operation of Aircraft.--
          (1) Process for reviewing threat assessments.--
        Notwithstanding section 40957(a)(1) of this title, the 
        Secretary shall establish a process to ensure that an alien (as 
        defined in section 101(a) of the Immigration and Nationality 
        Act (8 U.S.C. 1101(a)) applying for recurrent training in the 
        operation of an aircraft is properly identified and has not, 
        since the time of a prior threat assessment conducted under 
        section 40957(a)(2) of this title, become a risk to aviation or 
        national security.
          (2) Interruption of training.--If the Secretary determines, 
        in carrying out the process established under paragraph (1), 
        that an alien is a present risk to aviation or national 
        security, the Secretary shall immediately notify the person 
        providing the training of the determination and that person 
        shall not provide the training or, if training has commenced, 
        that person shall immediately terminate the training.
          (3) Fees.--The Secretary may charge reasonable fees under 
        subsection (a) for providing credentialing and background 
        investigations for aliens in connection with the process for 
        recurrent training established under paragraph (1). The fees 
        shall be promulgated by notice in the Federal Register.
  (c) Collection of Fees From Non-Federal Participants in Meetings.--
          (1) In general.--The Secretary may collect fees from a non-
        Federal participant in a conference, seminar, exhibition, 
        symposium, or similar meeting conducted by the Department in 
        advance of the conference, either directly or by contract, and 
        those fees shall be credited to the appropriation or account 
        from which the costs of the conference, seminar, exhibition, 
        symposium, or similar meeting are paid and shall be available 
        to pay the costs of the Department with respect to the 
        conference or to reimburse the Department for costs incurred 
        with respect to the conference.
          (2) Deposit of excess fees.--If the total amount of fees 
        collected with respect to a conference exceeds the actual costs 
        of the Department with respect to the conference, the excess 
        amount shall be deposited into the Treasury as miscellaneous 
        receipts.
          (3) Annual report.--The Secretary shall provide a report 
        annually to the Committees on Appropriations of the Senate and 
        the House of Representatives, providing the level of 
        collections and a summary by agency of the purposes and levels 
        of expenditures for the prior fiscal year.
Sec. 10389. Reports to Committee on Commerce, Science, and 
                    Transportation
  The Committee on Commerce, Science, and Transportation of the Senate 
shall receive the reports required by the following provisions of law 
in the same manner and to the same extent that the reports are to be 
received by the Committee on Homeland Security and Governmental Affairs 
of the Senate:
          (1) Section 10501(b)(25) of this title.
          (2) Section 12510(a)(3)(D) of this title.
          (3) Section 7209(b)(1)(C) of the Intelligence Reform and 
        Terrorism Prevention Act of 2004 (Public Law 108-458, 8 U.S.C. 
        1185 note).
          (4) Title III of the Implementing Recommendations of the 9/11 
        Commission Act of 2007 (Public Law 110-53, 121 Stat. 296).
          (5) Section 511(d) of the Implementing Recommendations of the 
        9/11 Commission Act of 2007 (Public Law 110-53, 121 Stat. 323).
          (6) Section 804(c) of the Implementing Recommendations of the 
        9/11 Commission Act of 2007 (42 U.S.C. 2000ee-3(c)).
          (7) Section 901(b) of the Implementing Recommendations of the 
        9/11 Commission Act of 2007 (Public Law 110-53, 121 Stat. 370).
Sec. 10390. Annual ammunition and weaponry reports
  (a) In General.--The Secretary annually shall submit to Congress 
along with the submission of the President's budget proposal pursuant 
to section 1105(a) of title 31 the following:
          (1) A comprehensive report on the purchase and usage of 
        ammunition, subdivided by ammunition type.
          (2) A comprehensive report on the purchase and usage of 
        weapons, subdivided by weapon type.
  (b) Contents.--
          (1) Ammunition report.--The ammunition report shall include--
                  (A) the quantity of ammunition in inventory at the 
                end of the preceding calendar year, and the amount of 
                ammunition expended and purchased, subdivided by 
                ammunition type, during the year for each relevant 
                component or agency in the Department;
                  (B) a description of how the quantity, usage, and 
                purchase aligns to each component or agency's mission 
                requirements for certification, qualification, 
                training, and operations; and
                  (C) details on all contracting practices applied by 
                the Department, including comparative details regarding 
                other contracting options with respect to cost and 
                availability.
          (2) Weaponry report.--The weaponry report shall include--
                  (A) the quantity of weapons in inventory at the end 
                of the preceding calendar year, and the amount of 
                weapons, subdivided by weapon type, included in the 
                budget request for each relevant component or agency in 
                the Department;
                  (B) a description of how the quantity and purchase 
                aligns to each component or agency's mission 
                requirements for certification, qualification, 
                training, and operations; and
                  (C) details on all contracting practices applied by 
                the Department, including comparative details regarding 
                other contracting options with respect to cost and 
                availability.
  (c) Report Submitted in Appropriate Format.--Each report shall be 
submitted in an appropriate format to ensure the safety of law 
enforcement personnel.
Sec. 10391. Clearances
  The Secretary shall make available the process of application for 
security clearances under Executive Order 13549 (50 U.S.C. 3161 note) 
or any successor Executive Order to appropriate representatives of 
sector coordinating councils, sector information sharing and analysis 
organizations (as defined in section 10531(6) of this title), owners 
and operators of critical infrastructure, and any other person that the 
Secretary determines appropriate.
Sec. 10392. National identification system not authorized
  Nothing in this subtitle or the Homeland Security Act of 2002 (Public 
Law 107-296, 116 Stat. 2135) shall be construed to authorize the 
development of a national identification system or card.
Sec. 10393. Functions and authorities of Administrator of General 
                    Services not affected
  (a) Operation, Maintenance, and Protection of Federal Buildings and 
Grounds.--Nothing in this subtitle may be construed to affect the 
functions or authorities of the Administrator of General Services with 
respect to the operation, maintenance, and protection of buildings and 
grounds owned or occupied by the Federal Government and under the 
jurisdiction, custody, or control of the Administrator. Except for the 
law enforcement and related security functions transferred under 
section 10901(b)(1)(C) of this title, the Administrator shall retain 
all powers, functions, and authorities vested in the Administrator 
under chapters 1 (except section 121(e)(2)(A)) and 5 through 11 of 
title 40, and other provisions of law that are necessary for the 
operation, maintenance, and protection of the buildings and grounds.
  (b) Limitation on Collection and Use of Rents and Fees and Federal 
Buildings Fund.--
          (1) Statutory construction.--Nothing in this subtitle may be 
        construed--
                  (A) to direct the transfer of, or affect, the 
                authority of the Administrator of General Services to 
                collect rents and fees, including fees collected for 
                protective services; or
                  (B) to authorize the Secretary or another official in 
                the Department to obligate amounts in the Federal 
                Buildings Fund established by section 592 of title 40.
          (2) Use of transferred amounts.--Amounts transferred by the 
        Administrator of General Services to the Secretary out of rents 
        and fees collected by the Administrator shall be used by the 
        Secretary solely for the protection of buildings or grounds 
        owned or occupied by the Federal Government.
Sec. 10394. Research and development pilot program
  (a) Authority.--Until September 30, 2017, and subject to subsection 
(c), the Secretary may carry out a pilot program under which, when the 
Secretary carries out basic, applied, and advanced research and 
development projects, including the expenditure of funds for the 
projects, the Secretary may exercise the same authority (subject to the 
same limitations and conditions) with respect to the research and 
projects as the Secretary of Defense may exercise under section 2371 of 
title 10 (except for subsections (b) and (f)), after making a 
determination that the use of a contract, grant, or cooperative 
agreement for the project is not feasible or appropriate.
  (b) Procurement of Temporary and Intermittent Services.--The 
Secretary may--
          (1) procure the temporary or intermittent services of experts 
        or consultants (or organizations of experts or consultants) in 
        accordance with section 3109(b) of title 5; and
          (2) whenever necessary due to an urgent homeland security 
        need, procure temporary (not to exceed 1 year) or intermittent 
        personal services, including the services of experts or 
        consultants (or organizations of experts or consultants), 
        without regard to the pay limitations of section 3109 of title 
        5.
  (c) Additional Requirements.--
          (1) In general.--The authority of the Secretary under this 
        section shall terminate September 30, 2017, unless before that 
        date the Secretary--
                  (A) issues policy guidance detailing the appropriate 
                use of that authority; and
                  (B) provides training to each employee who may 
                exercise that authority.
          (2) Report.--The Secretary shall provide an annual report to 
        the Committees on Appropriations of the Senate and the House of 
        Representatives, the Committee on Homeland Security and 
        Governmental Affairs of the Senate, and the Committee on 
        Homeland Security of the House of Representatives detailing the 
        projects for which the authority granted by subsection (a) was 
        used, the rationale for its use, the funds spent using that 
        authority, the outcome of each project for which that authority 
        was used, and the results of any audits of the projects.

    Chapter 105--Information Analysis and 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.
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.

 Subchapter I--Directorate for Information Analysis and Infrastructure 
                               Protection

Sec. 10501. Information and analysis and infrastructure protection
  (a) Discharge of Responsibilities.--The Secretary shall ensure that 
the responsibilities of the Department relating to information analysis 
and infrastructure protection, including those described in subsection 
(b), are carried out through the Under Secretary appointed under 
section 10302(b)(1)(H) of this title.
  (b) Responsibilities of Secretary Relating to Intelligence and 
Analysis and Infrastructure Protection.--The responsibilities of the 
Secretary relating to intelligence and analysis and infrastructure 
protection shall be as follows:
          (1) To access, receive, and analyze law enforcement 
        information, intelligence information, and other information 
        from agencies of the Federal Government, State and local 
        government agencies (including law enforcement agencies), and 
        private-sector entities, and to integrate the information, in 
        support of the mission responsibilities of the Department and 
        the functions of the National Counterterrorism Center 
        established under section 119 of the National Security Act of 
        1947 (50 U.S.C. 3056), in order to--
                  (A) identify and assess the nature and scope of 
                terrorist threats to the homeland;
                  (B) detect and identify threats of terrorism against 
                the United States; and
                  (C) understand the threats in light of actual and 
                potential vulnerabilities of the homeland.
          (2) To carry out comprehensive assessments of the 
        vulnerabilities of the key resources and critical 
        infrastructure of the United States, including the performance 
        of risk assessments to determine the risks posed by particular 
        types of terrorist attacks within the United States (including 
        an assessment of the probability of success of attacks and the 
        feasibility and potential efficacy of various countermeasures 
        to the attacks).
          (3) To integrate relevant information, analysis, and 
        vulnerability assessments (regardless of whether the 
        information, analysis or assessments are provided by or 
        produced by the Department) in order to--
                  (A) identify priorities for protective and support 
                measures regarding terrorist and other threats to 
                homeland security by the Department, other agencies of 
                the Federal Government, State, and local government 
                agencies and authorities, the private sector, and other 
                entities; and
                  (B) prepare finished intelligence and information 
                products in both classified and unclassified formats, 
                as appropriate, whenever reasonably expected to be of 
                benefit to a State, local, or tribal government 
                (including a State, local, or tribal law enforcement 
                agency) or a private-sector entity.
          (4) To ensure, under section 10502 of this title, the timely 
        and efficient access by the Department to all information 
        necessary to discharge the responsibilities under this section, 
        including obtaining the information from other agencies of the 
        Federal Government.
          (5) To develop a comprehensive national plan for securing the 
        key resources and critical infrastructure of the United States, 
        including power production, generation, and distribution 
        systems, information technology and telecommunications systems 
        (including satellites), electronic financial and property 
        record storage and transmission systems, emergency preparedness 
        communications systems, and the physical and technological 
        assets that support the systems.
          (6) To recommend measures necessary to protect the key 
        resources and critical infrastructure of the United States in 
        coordination with other agencies of the Federal Government and 
        in cooperation with State and local government agencies and 
        authorities, the private sector, and other entities.
          (7) To review, analyze, and make recommendations for 
        improvements to the policies and procedures governing the 
        sharing of information within the scope of the information 
        sharing environment established under section 11708 of this 
        title, including homeland security information, terrorism 
        information, and weapons of mass destruction information, and 
        policies, guidelines, procedures, instructions, or standards 
        established under that section.
          (8) To disseminate, as appropriate, information analyzed by 
        the Department within the Department, to other agencies of the 
        Federal Government with responsibilities relating to homeland 
        security, and to agencies of State and local governments and 
        private-sector entities with equivalent responsibilities in 
        order to assist in the deterrence, prevention, preemption of, 
        or response to, terrorist attacks against the United States.
          (9) To consult with the Director of National Intelligence and 
        other appropriate intelligence, law enforcement, or other 
        elements of the Federal Government to establish collection 
        priorities and strategies for information, including law 
        enforcement-related information, relating to threats of 
        terrorism against the United States through such means as the 
        representation of the Department in discussions regarding 
        requirements and priorities in the collection of the 
        information.
          (10) To consult with State and local governments and private-
        sector entities to ensure appropriate exchanges of information, 
        including law enforcement-related information, relating to 
        threats of terrorism against the United States.
          (11) To ensure that--
                  (A) material received pursuant to this subtitle is 
                protected from unauthorized disclosure and handled and 
                used only for the performance of official duties; and
                  (B) intelligence information under this subtitle is 
                shared, retained, and disseminated consistent with the 
                authority of the Director of National Intelligence to 
                protect intelligence sources and methods under the 
                National Security Act of 1947 (50 U.S.C. 3001 et seq.) 
                and related procedures and, as appropriate, similar 
                authorities of the Attorney General concerning 
                sensitive law enforcement information.
          (12) To request additional information from other agencies of 
        the Federal Government, State and local government agencies, 
        and the private sector relating to threats of terrorism in the 
        United States, or relating to other areas of responsibility 
        assigned by the Secretary, including the entry into cooperative 
        agreements through the Secretary to obtain the information.
          (13) To establish and utilize, in conjunction with the chief 
        information officer of the Department, a secure communications 
        and information technology infrastructure, including data-
        mining and other advanced analytical tools, in order to access, 
        receive, and analyze data and information in furtherance of the 
        responsibilities under this section, and to disseminate 
        information acquired and analyzed by the Department, as 
        appropriate.
          (14) To ensure, in conjunction with the chief information 
        officer of the Department, that information databases and 
        analytical tools developed or utilized by the Department--
                  (A) are compatible with one another and with relevant 
                information databases of other agencies of the Federal 
                Government; and
                  (B) treat information in the databases in a manner 
                that complies with applicable Federal law on privacy.
          (15) To coordinate training and other support to the elements 
        and personnel of the Department, other agencies of the Federal 
        Government, and State and local governments that provide 
        information to the Department, or are consumers of information 
        provided by the Department, in order to facilitate the 
        identification and sharing of information revealed in their 
        ordinary duties and the optimal utilization of information 
        received from the Department.
          (16) To coordinate with elements of the intelligence 
        community and with Federal, State, and local law enforcement 
        agencies, and the private sector, as appropriate.
          (17) To provide intelligence and information analysis and 
        support to other elements of the Department.
          (18) To coordinate and enhance integration among the 
        intelligence components of the Department, including through 
        strategic oversight of the intelligence activities of the 
        components.
          (19) To establish the intelligence collection, processing, 
        analysis, and dissemination priorities, policies, processes, 
        standards, guidelines, and procedures for the intelligence 
        components of the Department, consistent with directions from 
        the President and, as applicable, the Director of National 
        Intelligence.
          (20) To establish a structure and process to support the 
        missions and goals of the intelligence components of the 
        Department.
          (21) To ensure that, whenever possible, the Department--
                  (A) produces and disseminates unclassified reports 
                and analytic products based on open-source information; 
                and
                  (B) produces and disseminates the reports and 
                analytic products contemporaneously with reports or 
                analytic products concerning the same or similar 
                information that the Department produced and 
                disseminated in a classified format.
          (22) To establish within the Office of Intelligence and 
        Analysis an internal continuity of operations plan.
          (23) Based on intelligence priorities set by the President, 
        and guidance from the Secretary and, as appropriate, the 
        Director of National Intelligence--
                  (A) to provide to the heads of each intelligence 
                component of the Department guidance for developing the 
                budget pertaining to the activities of the component; 
                and
                  (B) to present to the Secretary a recommendation for 
                a consolidated budget for the intelligence components 
                of the Department, together with comments from the 
                heads of the components.
          (24) To perform other duties relating to the responsibilities 
        the Secretary may provide.
          (25) To prepare and submit to the Committee on Homeland 
        Security and Governmental Affairs of the Senate and the 
        Committee on Homeland Security in the House of Representatives, 
        and to other appropriate congressional committees having 
        jurisdiction over the critical infrastructure or key resources, 
        for each sector identified in the National Infrastructure 
        Protection Plan, a report on the comprehensive assessments 
        carried out by the Secretary of the critical infrastructure and 
        key resources of the United States, evaluating threat, 
        vulnerability, and consequence, as required under this 
        subsection. Each report under this paragraph--
                  (A) shall contain, if applicable, actions or 
                countermeasures recommended or taken by the Secretary 
                or the head of another Federal agency to address issues 
                identified in the assessments;
                  (B) shall be submitted annually and not later than 35 
                days after the last day of the fiscal year covered by 
                the report; and
                  (C) may be classified.
          (26)(A) Not later than 6 months after December 23, 2016, to 
        conduct an intelligence-based review and comparison of the 
        risks and consequences of EMP and GMD facing critical 
        infrastructure and submit to the Committee on Homeland Security 
        and the Permanent Select Committee on Intelligence of the House 
        of Representatives and the Committee on Homeland Security and 
        Governmental Affairs and the Select Committee on Intelligence 
        of the Senate a recommended strategy to protect and prepare the 
        critical infrastructure of the homeland against threats of EMP 
        and GMD. The recommended strategy shall--
                  (i) be based on findings of the research and 
                development conducted under section 10718 of this 
                title;
                  (ii) be developed in consultation with the relevant 
                Federal sector-specific agencies (as defined under 
                Presidential Policy Directive-21) for critical 
                infrastructure;
                  (iii) be developed in consultation with the relevant 
                sector coordinating councils for critical 
                infrastructure;
                  (iv) be informed, to the extent practicable, by the 
                findings of the intelligence-based review and 
                comparison of the risks and consequences of EMP and GMD 
                facing critical infrastructure; and
                  (v) be submitted in unclassified form, but may 
                include a classified annex.
          (B) Not less frequently than every 2 years after the strategy 
        is submitted, for the next 6 years, to submit updates of the 
        recommended strategy.
          (C) The Secretary, if appropriate, may incorporate the 
        recommended strategy into a broader recommendation developed by 
        the Department to help protect and prepare critical 
        infrastructure from terrorism, cyberattacks, and other threats 
        if, as incorporated, the recommended strategy complies with 
        subparagraph (A).
  (c) Staff.--
          (1) In general.--The Secretary shall provide the Office of 
        Intelligence and Analysis and the Office of Infrastructure 
        Protection with a staff of analysts having appropriate 
        expertise and experience to assist the offices in discharging 
        responsibilities under this section.
          (2) Private-sector analysts.--Analysts under this subsection 
        may include analysts from the private sector.
          (3) Security clearances.--Analysts under this subsection 
        shall possess security clearances appropriate for their work 
        under this section.
  (d) Detail of Personnel.--
          (1) In general.--In order to assist the Office of 
        Intelligence and Analysis and the Office of Infrastructure 
        Protection in discharging responsibilities under this section, 
        personnel of the agencies listed in paragraph (2) may be 
        detailed to the Department for the performance of analytic 
        functions and related duties.
          (2) Covered agencies.--The agencies referred to in paragraph 
        (1) are as follows:
                  (A) The Department of State.
                  (B) The Central Intelligence Agency.
                  (C) The Federal Bureau of Investigation.
                  (D) The National Security Agency.
                  (E) The National Geospatial-Intelligence Agency.
                  (F) The Defense Intelligence Agency.
                  (G) Any other agency of the Federal Government that 
                the President considers appropriate.
          (3) Cooperative agreements.--The Secretary and the head of 
        the agency concerned may enter into cooperative agreements for 
        the purpose of detailing personnel under this subsection.
          (4) Basis.--The detail of personnel under this subsection may 
        be on a reimbursable or non-reimbursable basis.
  (e) Functions Transferred.--The Secretary succeeds to, and there is 
assigned to the Office of Intelligence and Analysis and the Office of 
Infrastructure Protection, the functions, personnel, assets, and 
liabilities of the following entities:
          (1) The National Infrastructure Protection Center of the 
        Federal Bureau of Investigation (other than the Computer 
        Investigations and Operations Section), including the functions 
        of the Attorney General relating thereto.
          (2) The National Communications System of the Department of 
        Defense, including the functions of the Secretary of Defense 
        relating thereto.
          (3) The Critical Infrastructure Assurance Office of the 
        Department of Commerce, including the functions of the 
        Secretary of Commerce relating thereto.
          (4) The National Infrastructure Simulation and Analysis 
        Center of the Department of Energy and the energy security and 
        assurance program and activities of the Department, including 
        the functions of the Secretary of Energy relating thereto.
          (5) The Federal Computer Incident Response Center of the 
        General Services Administration, including the functions of the 
        Administrator of General Services relating thereto.
Sec. 10502. Access to information
  (a) In General.--
          (1) Threat and vulnerability information.--Except as 
        otherwise directed by the President, the Secretary shall have 
        access the Secretary considers necessary to all information, 
        including reports, assessments, analyses, and unevaluated 
        intelligence relating to threats of terrorism against the 
        United States and to other areas of responsibility assigned by 
        the Secretary, and to all information concerning infrastructure 
        or other vulnerabilities of the United States to terrorism, 
        whether or not the information has been analyzed, that may be 
        collected, possessed, or prepared by an agency of the Federal 
        Government.
          (2) Other information.--The Secretary also shall have access 
        to other information relating to matters under the 
        responsibility of the Secretary that may be collected, 
        possessed, or prepared by an agency of the Federal Government 
        as the President may further provide.
  (b) Manner of Access.--Except as otherwise directed by the President, 
with respect to information to which the Secretary has access under 
this section--
          (1) the Secretary may obtain the material upon request, and 
        may enter into cooperative arrangements with other executive 
        agencies to provide the material or provide Department 
        officials with access to it on a regular or routine basis, 
        including requests or arrangements involving broad categories 
        of material, access to electronic databases, or both; and
          (2) regardless of whether the Secretary has made a request or 
        entered into a cooperative arrangement under paragraph (1), all 
        agencies of the Federal Government shall promptly provide to 
        the Secretary--
                  (A) all reports (including information reports 
                containing intelligence which has not been fully 
                evaluated), assessments, and analytical information 
                relating to threats of terrorism against the United 
                States and to other areas of responsibility assigned by 
                the Secretary;
                  (B) all information concerning the vulnerability of 
                the infrastructure of the United States, or other 
                vulnerabilities of the United States, to terrorism, 
                whether or not the information has been analyzed;
                  (C) all other information relating to significant and 
                credible threats of terrorism against the United 
                States, whether or not the information has been 
                analyzed; and
                  (D) other information or material as the President 
                may direct.
  (c) Treatment Under Certain Laws.--The Secretary shall be deemed to 
be a Federal law enforcement, intelligence, protective, national 
defense, immigration, or national security official, and shall be 
provided with all information from law enforcement agencies that is 
required to be given to the Director of Central Intelligence, under any 
provision of the following:
          (1) The USA PATRIOT Act (Public Law 107-56, 115 Stat. 272).
          (2) Section 2517(6) of title 18.
          (3) Rule 6(e)(3)(C) of the Federal Rules of Criminal 
        Procedure (18 App. U.S.C.).
  (d) Access to Intelligence and Other Information.--
          (1)   Access by elements of federal government.--Nothing in 
        this chapter shall preclude an element of the intelligence 
        community (as that term is defined in section 3 of the National 
        Security Act of 1947 (50 U.S.C. 3003)), or any other element of 
        the Federal Government with responsibility for analyzing 
        terrorist threat information, from receiving intelligence or 
        other information relating to terrorism.
          (2)   Sharing of information.--The Secretary, in consultation 
        with the Director of Central Intelligence, shall work to ensure 
        that intelligence or other information relating to terrorism to 
        which the Department has access is appropriately shared with 
        the elements of the Federal Government referred to in paragraph 
        (1), as well as with State and local governments, as 
        appropriate.
Sec. 10503. Terrorist travel program
  (a) Requirement To Establish.--The Secretary, in consultation with 
the Director of the National Counterterrorism Center and consistent 
with the strategy developed under section 7201 of the Intelligence 
Reform and Terrorism Prevention Act of 2004 (Public Law 108-458, 50 
U.S.C. 3056 note), shall establish a program to oversee the 
implementation of the Secretary's responsibilities with respect to 
terrorist travel.
  (b) Head of the Program.--The Secretary shall designate an official 
of the Department to be responsible for carrying out the program. The 
official shall be--
          (1) the Assistant Secretary for Policy; or
          (2) an official appointed by the Secretary who reports 
        directly to the Secretary.
  (c) Duties.--The official designated under subsection (b) shall 
assist the Secretary in improving the Department's ability to prevent 
terrorists from entering the United States or remaining in the United 
States undetected by--
          (1) developing relevant strategies and policies;
          (2) reviewing the effectiveness of existing programs and 
        recommending improvements, if necessary;
          (3) making recommendations on budget requests and on the 
        allocation of funding and personnel;
          (4) ensuring effective coordination, with respect to 
        policies, programs, planning, operations, and dissemination of 
        intelligence and information relating to terrorist travel--
                  (A) among appropriate subdivisions of the Department, 
                as determined by the Secretary and including--
                          (i) U.S. Customs and Border Protection;
                          (ii) U.S. Immigration and Customs 
                        Enforcement;
                          (iii) U.S. Citizenship and Immigration 
                        Services;
                          (iv) the Transportation Security 
                        Administration; and
                          (v) the Coast Guard; and
                  (B) between the Department and other appropriate 
                Federal agencies; and
          (5) serving as the Secretary's primary point of contact with 
        the National Counterterrorism Center for implementing 
        initiatives related to terrorist travel and ensuring that the 
        recommendations of the Center related to terrorist travel are 
        carried out by the Department.
Sec. 10504. Homeland Security Advisory System
  (a) In General.--The Secretary shall administer the Homeland Security 
Advisory System under this section to provide advisories or warnings 
regarding the threat or risk that acts of terrorism will be committed 
on the homeland to Federal, State, local, and tribal government 
authorities and to the people of the United States, as appropriate. The 
Secretary shall exercise primary responsibility for providing the 
advisories or warnings.
  (b) Required Elements.--In administering the Homeland Security 
Advisory System, the Secretary shall--
          (1) establish criteria for the issuance and revocation of the 
        advisories or warnings;
          (2) develop a methodology, relying on the criteria 
        established under paragraph (1), for the issuance and 
        revocation of the advisories or warnings;
          (3) provide, in each advisory or warning, specific 
        information and advice regarding appropriate protective 
        measures and countermeasures that may be taken in response to 
        the threat or risk, at the maximum level of detail practicable, 
        to enable individuals, government entities, emergency response 
        providers, and the private sector to act appropriately;
          (4) whenever possible, limit the scope of each advisory or 
        warning to a specific region, locality, or economic sector 
        believed to be under threat or at risk; and
          (5) not, in issuing an advisory or warning, use color 
        designations as the exclusive means of specifying homeland 
        security threat conditions that are the subject of the advisory 
        or warning.
Sec. 10505. Homeland security information sharing
  (a) Information Sharing.--Consistent with section 11708 of this 
title, the Secretary, acting through the Under Secretary for 
Intelligence and Analysis, shall integrate the information and 
standardize the format of the products of the intelligence components 
of the Department containing homeland security information, terrorism 
information, weapons of mass destruction information, or national 
intelligence (as defined in section 3 of the National Security Act of 
1947 (50 U.S.C. 3003)) except for internal security protocols or 
personnel information of the intelligence components, or other 
administrative processes that are administered by any chief security 
officer of the Department.
  (b) Information Sharing and Knowledge Management Officers.--For each 
intelligence component of the Department, the Secretary shall designate 
an information sharing and knowledge management officer who shall 
report to the Under Secretary for Intelligence and Analysis regarding 
coordinating the different systems used in the Department to gather and 
disseminate homeland security information or national intelligence (as 
defined in section 3 of the National Security Act of 1947 (50 U.S.C. 
3003)).
  (c) State, Local, and Private-Sector Sources of Information.--
          (1) Establishment of business processes.--The Secretary, 
        acting through the Under Secretary for Intelligence and 
        Analysis or the Assistant Secretary for Infrastructure 
        Protection, as appropriate, shall--
                  (A) establish Department-wide procedures for the 
                review and analysis of information provided by State, 
                local, and tribal governments and the private sector;
                  (B) as appropriate, integrate the information into 
                the information gathered by the Department and other 
                departments and agencies of the Federal Government; and
                  (C) make available the information, as appropriate, 
                within the Department and to other departments and 
                agencies of the Federal Government.
          (2) Feedback.--The Secretary shall develop mechanisms to 
        provide feedback regarding the analysis and utility of 
        information provided by an entity of State, local, or tribal 
        government or the private sector that provides the information 
        to the Department.
  (d) Training and Evaluation of Employees.--
          (1) Training.--The Secretary, acting through the Under 
        Secretary for Intelligence and Analysis or the Assistant 
        Secretary for Infrastructure Protection, as appropriate, shall 
        provide to employees of the Department opportunities for 
        training and education to develop an understanding of--
                  (A) the definitions of homeland security information 
                and national intelligence (as defined in section 3 of 
                the National Security Act of 1947 (50 U.S.C. 3003)); 
                and
                  (B) how information available to the employees as 
                part of their duties--
                          (i) might qualify as homeland security 
                        information or national intelligence; and
                          (ii) might be relevant to the Office of 
                        Intelligence and Analysis and the intelligence 
                        components of the Department.
          (2) Evaluations.--The Under Secretary for Intelligence and 
        Analysis shall--
                  (A) on an ongoing basis, evaluate how employees of 
                the Office of Intelligence and Analysis and the 
                intelligence components of the Department are utilizing 
                homeland security information or national intelligence, 
                sharing information within the Department, as described 
                in this title, and participating in the information 
                sharing environment established under section 11708 of 
                this title; and
                  (B) provide to the appropriate component heads 
                regular reports regarding the evaluations under 
                subparagraph (A).
  (e) Receipt of Information From United States Secret Service.--
          (1) In general.--The Under Secretary for Intelligence and 
        Analysis shall receive from the United States Secret Service 
        homeland security information, terrorism information, weapons 
        of mass destruction information (as these terms are defined in 
        section 11708 of this title), or national intelligence (as 
        defined in section 3 of the National Security Act of 1947 (50 
        U.S.C. 3003)), as well as suspect information obtained in 
        criminal investigations. The United States Secret Service shall 
        cooperate with the Under Secretary for Intelligence and 
        Analysis with respect to activities under this section and 
        section 10506 of this title.
          (2) Savings clause.--Nothing in the Implementing 
        Recommendations of the 9/11 Commission Act of 2007 (Public Law 
        110-53, 121 Stat. 266) shall interfere with the operation of 
        section 3056(g) of title 18, or with the authority of the 
        Secretary or the Director of the United States Secret Service 
        regarding the budget of the United States Secret Service.
Sec. 10506. Comprehensive information technology network architecture
  (a) Definition of Comprehensive Information Technology Network 
Architecture.--The term ``comprehensive information technology network 
architecture'' means an integrated framework for evolving or 
maintaining existing information technology and acquiring new 
information technology to achieve the strategic management and 
information resources management goals of the Office of Intelligence 
and Analysis.
  (b) Establishment.--The Secretary, acting through the Under Secretary 
for Intelligence and Analysis, shall establish, consistent with the 
policies and procedures developed under section 11708 of this title, 
and consistent with the enterprise architecture of the Department, a 
comprehensive information technology network architecture for the 
Office of Intelligence and Analysis that connects the various databases 
and related information technology assets of the Office of Intelligence 
and Analysis and the intelligence components of the Department in order 
to promote internal information sharing among the intelligence and 
other personnel of the Department.
Sec. 10507. Coordination with information sharing environment
  (a) Guidance.--All activities to comply with sections 10504, 10505, 
and 10506 of this title shall be--
          (1) consistent with policies, guidelines, procedures, 
        instructions, or standards established under section 11708 of 
        this title;
          (2) implemented in coordination with, as appropriate, the 
        program manager for the information sharing environment 
        established under that section;
          (3) consistent with applicable guidance issued by the 
        Director of National Intelligence; and
          (4) consistent with applicable guidance issued by the 
        Secretary relating to the protection of law enforcement 
        information or proprietary information.
  (b) Consultation.--In carrying out the duties and responsibilities 
under this subchapter, the Under Secretary for Intelligence and 
Analysis shall take into account the views of the heads of the 
intelligence components of the Department.
Sec. 10508. Intelligence components
  Subject to the direction and control of the Secretary, and consistent 
with applicable guidance issued by the Director of National 
Intelligence, the responsibilities of the head of each intelligence 
component of the Department are as follows:
          (1) To ensure that the collection, processing, analysis, and 
        dissemination of information within the scope of the 
        information sharing environment, including homeland security 
        information, terrorism information, weapons of mass destruction 
        information, and national intelligence (as defined in section 3 
        of the National Security Act of 1947 (50 U.S.C. 3003)), are 
        carried out effectively and efficiently in support of the 
        intelligence mission of the Department, as led by the Under 
        Secretary for Intelligence and Analysis.
          (2) To otherwise support and implement the intelligence 
        mission of the Department, as led by the Under Secretary for 
        Intelligence and Analysis.
          (3) To incorporate the input of the Under Secretary for 
        Intelligence and Analysis with respect to performance 
        appraisals, bonus or award recommendations, pay adjustments, 
        and other forms of commendation.
          (4) To coordinate with the Under Secretary for Intelligence 
        and Analysis in developing policies and requirements for the 
        recruitment and selection of intelligence officials of the 
        intelligence component.
          (5) To advise and coordinate with the Under Secretary for 
        Intelligence and Analysis on any plan to reorganize or 
        restructure the intelligence component that would, if 
        implemented, result in realignments of intelligence functions.
          (6) To ensure that employees of the intelligence component 
        have knowledge of, and comply with, the programs and policies 
        established by the Under Secretary for Intelligence and 
        Analysis and other appropriate officials of the Department and 
        that the employees comply with all applicable laws and 
        regulations.
          (7) To perform other activities relating to the 
        responsibilities that the Secretary may provide.
Sec. 10509. Training for employees of intelligence components
  The Secretary shall provide training and guidance for employees, 
officials, and senior executives of the intelligence components of the 
Department to develop knowledge of laws, regulations, operations, 
policies, procedures, and programs that are related to the functions of 
the Department relating to the collection, processing, analysis, and 
dissemination of information within the scope of the information 
sharing environment, including homeland security information, terrorism 
information, and weapons of mass destruction information, or national 
intelligence (as the term is defined in section 3 of the National 
Security Act of 1947 (50 U.S.C. 3003)).
Sec. 10510. Intelligence training development for State and local 
                    government officials
  (a) Curriculum.--The Secretary, acting through the Under Secretary 
for Intelligence and Analysis, shall--
          (1) develop a curriculum for training State, local, and 
        tribal government officials, including law enforcement 
        officers, intelligence analysts, and other emergency response 
        providers, in the intelligence cycle and Federal laws, 
        practices, and regulations regarding the development, handling, 
        and review of intelligence and other information; and
          (2) ensure that the curriculum includes executive level 
        training for senior level State, local, and tribal law 
        enforcement officers, intelligence analysts, and other 
        emergency response providers.
  (b) Training.--To the extent possible, the Federal Law Enforcement 
Training Center and other existing Federal entities with the capacity 
and expertise to train State, local, and tribal government officials 
based on the curriculum developed under subsection (a) shall be used to 
carry out the training programs created under this section. If the 
entities do not have the capacity, resources, or capabilities to 
conduct the training, the Secretary may approve another entity to 
conduct the training.
  (c) Consultation.--In carrying out the duties described in subsection 
(a), the Under Secretary for Intelligence and Analysis shall consult 
with the Director of the Federal Law Enforcement Training Center, the 
Attorney General, the Director of National Intelligence, the 
Administrator of the Federal Emergency Management Agency, and other 
appropriate parties, such as private industry, institutions of higher 
education, nonprofit institutions, and other intelligence agencies of 
the Federal Government.
Sec. 10511. Information sharing incentives
  (a) Awards.--In making cash awards under chapter 45 of title 5, the 
President or the head of an agency, in consultation with the program 
manager designated under section 11708 of this title, may consider the 
success of an employee in appropriately sharing information within the 
scope of the information sharing environment established under that 
section, including homeland security information, terrorism 
information, and weapons of mass destruction information, or national 
intelligence (as defined in section 3 of the National Security Act of 
1947 (50 U.S.C. 3003)), in a manner consistent with policies, 
guidelines, procedures, instructions, or standards established by the 
President or, as appropriate, the program manager of that environment 
for the implementation and management of that environment.
  (b) Other Incentives.--The head of each department or agency 
described in section 11708(g), in consultation with the program manager 
designated under section 11708, shall adopt best practices regarding 
effective ways to educate and motivate officers and employees of the 
Federal Government to participate fully in the information sharing 
environment, including--
          (1) promotions and other nonmonetary awards; and
          (2) the publicizing of information sharing accomplishments by 
        individual employees and, where appropriate, the tangible end 
        benefits that resulted.
Sec. 10512. Department of Homeland Security State, Local, and Regional 
                    Fusion Center initiative
  (a) Definitions.--In this section:
          (1) Fusion center.--The term ``fusion center'' means a 
        collaborative effort of two or more Federal, State, local, or 
        tribal government agencies that combines resources, expertise, 
        or information with the goal of maximizing the ability of the 
        agencies to detect, prevent, investigate, apprehend, and 
        respond to criminal or terrorist activity.
          (2) Information sharing environment.--The term ``information 
        sharing environment'' means the information sharing environment 
        established under section 11708 of this title.
          (3) Intelligence analyst.--The term ``intelligence analyst'' 
        means an individual who regularly advises, administers, 
        supervises, or performs work in the collection, gathering, 
        analysis, evaluation, reporting, production, or dissemination 
        of information on political, economic, social, cultural, 
        physical, geographical, scientific, or military conditions, 
        trends, or forces in foreign or domestic areas that directly or 
        indirectly affect national security.
          (4) Intelligence-led policing.--The term ``intelligence-led 
        policing'' means the collection and analysis of information to 
        produce an intelligence end product designed to inform law 
        enforcement decision-making at the tactical and strategic 
        levels.
          (5) Terrorism information.--The term ``terrorism 
        information'' has the meaning given the term in section 11708 
        of this title.
  (b) Establishment.--The Secretary, in consultation with the program 
manager of the information sharing environment established under 
section 11708 of this title, the Attorney General, the Privacy Officer 
of the Department, the Officer for Civil Rights and Civil Liberties of 
the Department, and the Privacy and Civil Liberties Oversight Board 
established under section 1061 of the Intelligence Reform and Terrorism 
Prevention Act of 2004 (42 U.S.C. 2000ee), shall establish a Department 
of Homeland Security State, Local, and Regional Fusion Center 
Initiative to establish partnerships with State, local, and regional 
fusion centers.
  (c) Department Support and Coordination.--Through the Department of 
Homeland Security State, Local, and Regional Fusion Center Initiative, 
and in coordination with the principal officials of participating 
State, local, or regional fusion centers and the officers designated as 
the Homeland Security Advisors of the States, the Secretary shall--
          (1) provide operational and intelligence advice and 
        assistance to State, local, and regional fusion centers;
          (2) support efforts to include State, local, and regional 
        fusion centers into efforts to establish an information sharing 
        environment;
          (3) conduct tabletop and live training exercises to regularly 
        assess the capability of individual and regional networks of 
        State, local, and regional fusion centers to integrate the 
        efforts of the networks with the efforts of the Department;
          (4) coordinate with other relevant Federal entities engaged 
        in homeland security-related activities;
          (5) provide analytic and reporting advice and assistance to 
        State, local, and regional fusion centers;
          (6) review information within the scope of the information 
        sharing environment, including homeland security information, 
        terrorism information, and weapons of mass destruction 
        information, that is gathered by State, local, and regional 
        fusion centers, and to incorporate the information, as 
        appropriate, into the Department's own information;
          (7) provide management assistance to State, local, and 
        regional fusion centers;
          (8) serve as a point of contact to ensure the dissemination 
        of information within the scope of the information sharing 
        environment, including homeland security information, terrorism 
        information, and weapons of mass destruction information;
          (9) facilitate close communication and coordination between 
        State, local, and regional fusion centers and the Department;
          (10) provide State, local, and regional fusion centers with 
        expertise on Department resources and operations;
          (11) provide training to State, local, and regional fusion 
        centers and encourage the fusion centers to participate in 
        terrorism threat-related exercises conducted by the Department; 
        and
          (12) carry out other duties the Secretary determines are 
        appropriate.
  (d) Personnel Assignment.--
          (1) In general.--The Under Secretary for Intelligence and 
        Analysis shall, to the maximum extent practicable, assign 
        officers and intelligence analysts from components of the 
        Department to participating State, local, and regional fusion 
        centers.
          (2) Personnel sources.--Officers and intelligence analysts 
        assigned to participating fusion centers under this subsection 
        may be assigned from the following Department components, in 
        coordination with the respective component head and in 
        consultation with the principal officials of participating 
        fusion centers:
                  (A) Office of Intelligence and Analysis.
                  (B) Office of Infrastructure Protection.
                  (C) Transportation Security Administration.
                  (D) U.S. Customs and Border Protection.
                  (E) U.S. Immigration and Customs Enforcement.
                  (F) Coast Guard.
                  (G) Other components of the Department, as determined 
                by the Secretary.
          (3) Qualifying criteria.--
                  (A) In general.--The Secretary shall develop 
                qualifying criteria for a fusion center to participate 
                in the assigning of Department officers or intelligence 
                analysts under this section.
                  (B) Criteria.--Criteria developed under subparagraph 
                (A) may include--
                          (i) whether the fusion center, through its 
                        mission and governance structure, focuses on a 
                        broad counterterrorism approach, and whether 
                        that broad approach is pervasive through all 
                        levels of the organization;
                          (ii) whether the fusion center has sufficient 
                        numbers of adequately trained personnel to 
                        support a broad counterterrorism mission;
                          (iii) whether the fusion center has--
                                  (I) access to relevant law 
                                enforcement, emergency response, 
                                private sector, open source, and 
                                national security data; and
                                  (II) the ability to share and 
                                analytically utilize that data for 
                                lawful purposes;
                          (iv) whether the fusion center is adequately 
                        funded by the State, local, or regional 
                        government to support its counterterrorism 
                        mission; and
                          (v) the relevancy of the mission of the 
                        fusion center to the particular source 
                        component of Department officers or 
                        intelligence analysts.
          (4) Prerequisite.--
                  (A) Intelligence analysis, privacy, and civil 
                liberties training.--Before being assigned to a fusion 
                center under this section, an officer or intelligence 
                analyst shall undergo--
                          (i) appropriate intelligence analysis or 
                        information sharing training using an 
                        intelligence-led policing curriculum that is 
                        consistent with--
                                  (I) standard training and education 
                                programs offered to Department law 
                                enforcement and intelligence personnel; 
                                and
                                  (II) the Criminal Intelligence 
                                Systems Operating Policies under part 
                                23 of title 28, Code of Federal 
                                Regulations (or a corresponding similar 
                                rule or regulation);
                          (ii) appropriate privacy and civil liberties 
                        training that is developed, supported, or 
                        sponsored by the Privacy Officer appointed 
                        under section 10543 of this title and the 
                        Officer for Civil Rights and Civil Liberties of 
                        the Department, in consultation with the 
                        Privacy and Civil Liberties Oversight Board 
                        established under section 1061 of the 
                        Intelligence Reform and Terrorism Prevention 
                        Act of 2004 (42 U.S.C. 2000ee); and
                          (iii) other training prescribed by the Under 
                        Secretary for Intelligence and Analysis.
                  (B) Prior work experience in area.--In determining 
                the eligibility of an officer or intelligence analyst 
                to be assigned to a fusion center under this section, 
                the Under Secretary for Intelligence and Analysis shall 
                consider the familiarity of the officer or intelligence 
                analyst with the State, locality, or region, as 
                determined by such factors as whether the officer or 
                intelligence analyst--
                          (i) has been previously assigned in the 
                        geographic area; or
                          (ii) has previously worked with intelligence 
                        officials or law enforcement or other emergency 
                        response providers from that State, locality, 
                        or region.
          (5) Expedited security clearance processing.--The Under 
        Secretary for Intelligence and Analysis--
                  (A) shall ensure that each officer or intelligence 
                analyst assigned to a fusion center under this section 
                has the appropriate security clearance to contribute 
                effectively to the mission of the fusion center; and
                  (B) may request that security clearance processing be 
                expedited for each officer or intelligence analyst and 
                may use available funds for this purpose.
          (6) Additional qualifications.--Each officer or intelligence 
        analyst assigned to a fusion center under this section shall 
        satisfy any other qualifications the Under Secretary for 
        Intelligence and Analysis may prescribe.
  (e) Responsibilities.--An officer or intelligence analyst assigned to 
a fusion center under this section shall--
          (1) assist law enforcement agencies and other emergency 
        response providers of State, local, and tribal governments and 
        fusion center personnel in using information within the scope 
        of the information sharing environment, including homeland 
        security information, terrorism information, and weapons of 
        mass destruction information, to develop a comprehensive and 
        accurate threat picture;
          (2) review homeland security-relevant information from law 
        enforcement agencies and other emergency response providers of 
        State, local, and tribal government;
          (3) create intelligence and other information products 
        derived from the information and other homeland security-
        relevant information provided by the Department; and
          (4) assist in the dissemination of the products, as 
        coordinated by the Under Secretary for Intelligence and 
        Analysis, to law enforcement agencies and other emergency 
        response providers of State, local, and tribal government, 
        other fusion centers, and appropriate Federal agencies.
  (f) Border Intelligence Priority.--
          (1) In general.--The Secretary shall make it a priority to 
        assign officers and intelligence analysts under this section 
        from U.S. Customs and Border Protection, U.S. Immigration and 
        Customs Enforcement, and the Coast Guard to participating 
        State, local, and regional fusion centers located in 
        jurisdictions along land or maritime borders of the United 
        States in order to enhance the integrity of and security at the 
        borders by helping Federal, State, local, and tribal law 
        enforcement authorities to identify, investigate, and otherwise 
        interdict persons, weapons, and related contraband that pose a 
        threat to homeland security.
          (2) Border intelligence products.--When performing the 
        responsibilities described in subsection (e), officers and 
        intelligence analysts assigned to participating State, local, 
        and regional fusion centers under this section shall have, as a 
        primary responsibility, the creation of border intelligence 
        products that--
                  (A) assist State, local, and tribal law enforcement 
                agencies in deploying their resources most efficiently 
                to help detect and interdict terrorists, weapons of 
                mass destruction, and related contraband at land or 
                maritime borders of the United States;
                  (B) promote more consistent and timely sharing of 
                border security-relevant information among 
                jurisdictions along land or maritime borders of the 
                United States; and
                  (C) enhance the Department's situational awareness of 
                the threat of acts of terrorism at or involving the 
                land or maritime borders of the United States.
  (g) Database Access.--To fulfill the objectives described under 
subsection (e), each officer or intelligence analyst assigned to a 
fusion center under this section shall have appropriate access to all 
relevant Federal databases and information systems, consistent with 
policies, guidelines, procedures, instructions, or standards 
established by the President or, as appropriate, the program manager of 
the information sharing environment for the implementation and 
management of that environment.
  (h) Consumer Feedback.--
          (1) In general.--The Secretary shall create a voluntary 
        mechanism for a State, local, or tribal law enforcement officer 
        or other emergency response provider who is a consumer of the 
        intelligence or other information products referred to in 
        subsection (e) to provide feedback to the Department on the 
        quality and utility of the intelligence products.
          (2) Report.--The Secretary shall submit annually to the 
        Committee on Homeland Security and Governmental Affairs of the 
        Senate and the Committee on Homeland Security of the House of 
        Representatives a report that includes a description of the 
        consumer feedback obtained under paragraph (1) and, if 
        applicable, how the Department has adjusted its production of 
        intelligence products in response to that consumer feedback.
  (i) Rule of Construction.--
          (1) In general.--The authorities granted under this section 
        shall supplement the authorities granted under section 10501(b) 
        of this title, and nothing in this section shall be construed 
        to abrogate the authorities granted under section 10501(b).
          (2) Participation.--Nothing in this section shall be 
        construed to require a State, local, or regional government or 
        entity to accept the assignment of officers or intelligence 
        analysts of the Department into the fusion center of that 
        State, locality, or region.
  (j) Guidelines.--The Secretary, in consultation with the Attorney 
General, shall establish guidelines for fusion centers created and 
operated by State and local governments, to include standards that a 
fusion center shall--
          (1) collaboratively develop a mission statement, identify 
        expectations and goals, measure performance, and determine 
        effectiveness for that fusion center;
          (2) create a representative governance structure that 
        includes law enforcement officers and other emergency response 
        providers and, as appropriate, the private sector;
          (3) create a collaborative environment for the sharing of 
        intelligence and information among Federal, State, local, and 
        tribal government agencies (including law enforcement officers 
        and other emergency response providers), the private sector, 
        and the public, consistent with policies, guidelines, 
        procedures, instructions, or standards established by the 
        President or, as appropriate, the program manager of the 
        information sharing environment;
          (4) leverage the databases, systems, and networks available 
        from public- and private-sector entities, in accordance with 
        all applicable laws, to maximize information sharing;
          (5) develop, publish, and adhere to a privacy and civil 
        liberties policy consistent with Federal, State, and local law;
          (6) provide, in coordination with the Privacy Officer of the 
        Department and the Officer for Civil Rights and Civil Liberties 
        of the Department, appropriate privacy and civil liberties 
        training for all State, local, tribal, and private-sector 
        representatives at the fusion center;
          (7) ensure appropriate security measures are in place for the 
        facility, data, and personnel;
          (8) select and train personnel based on the needs, mission, 
        goals, and functions of that fusion center;
          (9) offer a variety of intelligence and information services 
        and products to recipients of fusion center intelligence and 
        information; and
          (10) incorporate law enforcement officers, other emergency 
        response providers, and, as appropriate, the private sector, 
        into all relevant phases of the intelligence and fusion 
        process, consistent with the mission statement developed under 
        paragraph (1), either through full time representatives or 
        liaison relationships with the fusion center to enable the 
        receipt and sharing of information and intelligence.
Sec. 10513. Homeland Security Information Sharing Fellows Program
  (a) Establishment.--The Secretary, acting through the Under Secretary 
for Intelligence and Analysis, and in consultation with the Chief Human 
Capital Officer, shall establish the Homeland Security Information 
Sharing Fellows Program for the purpose of--
          (1) detailing State, local, and tribal law enforcement 
        officers and intelligence analysts to the Department in 
        accordance with subchapter VI of chapter 33 of title 5, to 
        participate in the work of the Office of Intelligence and 
        Analysis in order to become familiar with--
                  (A) the relevant missions and capabilities of the 
                Department and other Federal agencies; and
                  (B) the role, programs, products, and personnel of 
                the Office of Intelligence and Analysis; and
          (2) promoting information sharing between the Department and 
        State, local, and tribal law enforcement officers and 
        intelligence analysts by assigning the officers and analysts 
        to--
                  (A) serve as a point of contact in the Department to 
                assist in the representation of State, local, and 
                tribal information requirements;
                  (B) identify information within the scope of the 
                information sharing environment, including homeland 
                security information, terrorism information, and 
                weapons of mass destruction information, that is of 
                interest to State, local, and tribal law enforcement 
                officers, intelligence analysts, and other emergency 
                response providers;
                  (C) assist Department analysts in preparing and 
                disseminating products derived from information within 
                the scope of the information sharing environment, 
                including homeland security information, terrorism 
                information, and weapons of mass destruction 
                information, that are tailored to State, local, and 
                tribal law enforcement officers and intelligence 
                analysts and designed to prepare for and thwart acts of 
                terrorism; and
                  (D) assist Department analysts in preparing products 
                derived from information within the scope of the 
                information sharing environment, including homeland 
                security information, terrorism information, and 
                weapons of mass destruction information, that are 
                tailored to State, local, and tribal emergency response 
                providers and assist in the dissemination of the 
                products through appropriate Department channels.
  (b) Eligibility.--To be eligible for selection as an Information 
Sharing Fellow under the program under the Homeland Security 
Information Sharing Fellows Program, an individual shall--
          (1) have homeland security-related responsibilities;
          (2) be eligible for an appropriate security clearance;
          (3) possess a valid need for access to classified 
        information, as determined by the Under Secretary for 
        Intelligence and Analysis;
          (4) be an employee of--
                  (A) a State, local, or regional fusion center;
                  (B) a State or local law enforcement or other 
                government entity that serves a major metropolitan 
                area, suburban area, or rural area, as determined by 
                the Secretary;
                  (C) a State or local law enforcement or other 
                government entity with port, border, or agricultural 
                responsibilities, as determined by the Secretary;
                  (D) a tribal law enforcement or other authority; or
                  (E) another entity the Secretary determines is 
                appropriate; and
          (5) have undergone appropriate privacy and civil liberties 
        training that is developed, supported, or sponsored by the 
        Privacy Officer and the Officer for Civil Rights and Civil 
        Liberties, in consultation with the Privacy and Civil Liberties 
        Oversight Board established under section 1061 of the 
        Intelligence Reform and Terrorism Prevention Act of 2004 (42 
        U.S.C. 2000ee).
  (c) Optional Participation.--A State, local, or tribal law 
enforcement or other government entity shall not be required to 
participate in the Homeland Security Information Sharing Fellows 
Program.
  (d) Procedures for Nomination and Selection.--
          (1) In general.--The Under Secretary for Intelligence and 
        Analysis shall establish procedures to provide for the 
        nomination and selection of individuals to participate in the 
        Homeland Security Information Sharing Fellows Program.
          (2) Limitations.--The Under Secretary for Intelligence and 
        Analysis shall--
                  (A) select law enforcement officers and intelligence 
                analysts representing a broad cross-section of State, 
                local, and tribal agencies; and
                  (B) ensure that the number of Information Sharing 
                Fellows selected does not impede the activities of the 
                Office of Intelligence and Analysis.
Sec. 10514. Rural Policing Institute
  (a) Definition of Rural.--In this section, the term ``rural'' means 
an area--
          (1) that is not located in a metropolitan statistical area, 
        as defined by the Office of Management and Budget; or
          (2) that is located in a metropolitan statistical area and a 
        county, borough, parish, or area under the jurisdiction of an 
        Indian tribe with a population of not more than 50,000.
  (b) In General.--The Secretary shall establish a Rural Policing 
Institute, which shall be administered by the Federal Law Enforcement 
Training Center, to target training to law enforcement agencies and 
other emergency response providers located in rural areas. The 
Secretary, through the Rural Policing Institute, shall--
          (1) evaluate the needs of law enforcement agencies and other 
        emergency response providers in rural areas;
          (2) develop expert training programs designed to address the 
        needs of law enforcement agencies and other emergency response 
        providers in rural areas as identified in the evaluation 
        conducted under paragraph (1), including training programs 
        about intelligence-led policing and protections for privacy, 
        civil rights, and civil liberties;
          (3) provide the training programs developed under paragraph 
        (2) to law enforcement agencies and other emergency response 
        providers in rural areas; and
          (4) conduct outreach efforts to ensure that local and tribal 
        governments in rural areas are aware of the training programs 
        developed under paragraph (2) so they can avail themselves of 
        the programs.
  (c) Curricula.--The training at the Rural Policing Institute 
established under subsection (a) shall--
          (1) be configured in a manner so as not to duplicate or 
        displace a law enforcement or emergency response program of the 
        Federal Law Enforcement Training Center or a local or tribal 
        government entity in existence on August 3, 2007; and
          (2) to the maximum extent practicable, be delivered in a 
        cost-effective manner at facilities of the Department, on 
        closed military installations with adequate training 
        facilities, or at facilities operated by the participants.
Sec. 10515. Interagency Threat Assessment and Coordination Group
  (a) In General.--To improve the sharing of information within the 
scope of the information sharing environment established under section 
11708 of this title with State, local, tribal, and private-sector 
officials, the Director of National Intelligence, through the program 
manager for the information sharing environment, in coordination with 
the Secretary, shall coordinate and oversee the creation of an 
Interagency Threat Assessment and Coordination Group (in this section 
referred to as ``ITACG'').
  (b) Composition of ITACG.--The ITACG shall consist of--
          (1) an ITACG Advisory Council to set policy and develop 
        processes for the integration, analysis, and dissemination of 
        federally coordinated information within the scope of the 
        information sharing environment, including homeland security 
        information, terrorism information, and weapons of mass 
        destruction information; and
          (2) an ITACG Detail comprised of State, local, and tribal 
        homeland security and law enforcement officers and intelligence 
        analysts detailed to work in the National Counterterrorism 
        Center with Federal intelligence analysts for the purpose of 
        integrating, analyzing, and assisting in the dissemination of 
        federally coordinated information within the scope of the 
        information sharing environment, including homeland security 
        information, terrorism information, and weapons of mass 
        destruction information, through appropriate channels 
        identified by the ITACG Advisory Council.
  (c) Responsibilities of Program Manager.--The program manager shall--
          (1) monitor and assess the efficacy of the ITACG;
          (2) submit annually to the Secretary, the Attorney General, 
        the Director of National Intelligence, the Committee on 
        Homeland Security and Governmental Affairs of the Senate, and 
        the Committee on Homeland Security of the House of 
        Representatives a report on the progress of the ITACG; and
          (3) in each report required by paragraph (2), include an 
        assessment of whether the detailees under subsection (d)(5) 
        have appropriate access to all relevant information, as 
        required by subsection (g)(2)(C).
  (d) Responsibilities of Secretary.--The Secretary, or the Secretary's 
designee, in coordination with the Director of the National 
Counterterrorism Center and the ITACG Advisory Council, shall--
          (1) create policies and standards for the creation of 
        information products derived from information within the scope 
        of the information sharing environment, including homeland 
        security information, terrorism information, and weapons of 
        mass destruction information, that are suitable for 
        dissemination to State, local, and tribal governments and the 
        private sector;
          (2) evaluate and develop processes for the timely 
        dissemination of federally coordinated information within the 
        scope of the information sharing environment, including 
        homeland security information, terrorism information, and 
        weapons of mass destruction information, to State, local, and 
        tribal governments and the private sector;
          (3) establish criteria and a methodology for indicating to 
        State, local, and tribal governments and the private sector the 
        reliability of information within the scope of the information 
        sharing environment, including homeland security information, 
        terrorism information, and weapons of mass destruction 
        information, disseminated to them;
          (4) educate the intelligence community about the requirements 
        of the State, local, and tribal homeland security, law 
        enforcement, and other emergency response providers regarding 
        information within the scope of the information sharing 
        environment, including homeland security information, terrorism 
        information, and weapons of mass destruction information;
          (5) establish and maintain the ITACG Detail, which shall 
        assign an appropriate number of State, local, and tribal 
        homeland security and law enforcement officers and intelligence 
        analysts to work in the National Counterterrorism Center who 
        shall--
                  (A) educate and advise National Counterterrorism 
                Center intelligence analysts about the requirements of 
                the State, local, and tribal homeland security and law 
                enforcement officers, and other emergency response 
                providers regarding information within the scope of the 
                information sharing environment, including homeland 
                security information, terrorism information, and 
                weapons of mass destruction information;
                  (B) assist National Counterterrorism Center 
                intelligence analysts in integrating, analyzing, and 
                otherwise preparing versions of products derived from 
                information within the scope of the information sharing 
                environment, including homeland security information, 
                terrorism information, and weapons of mass destruction 
                information that are unclassified or classified at the 
                lowest possible level and suitable for dissemination to 
                State, local, and tribal homeland security and law 
                enforcement agencies in order to help deter and prevent 
                terrorist attacks;
                  (C) implement, in coordination with National 
                Counterterrorism Center intelligence analysts, the 
                policies, processes, procedures, standards, and 
                guidelines developed by the ITACG Advisory Council;
                  (D) assist in the dissemination of products derived 
                from information within the scope of the information 
                sharing environment, including homeland security 
                information, terrorism information, and weapons of mass 
                destruction information, to State, local, and tribal 
                jurisdictions only through appropriate channels 
                identified by the ITACG Advisory Council;
                  (E) make recommendations, as appropriate, to the 
                Secretary or the Secretary's designee, for the further 
                dissemination of intelligence products that could 
                likely inform or improve the security of a State, 
                local, or tribal government (including a State, local, 
                or tribal law enforcement agency), or a private-sector 
                entity; and
                  (F) report directly to the senior intelligence 
                official from the Department under paragraph (6);
          (6) detail a senior intelligence official from the Department 
        to the National Counterterrorism Center, who shall--
                  (A) manage the day-to-day operations of the ITACG 
                Detail;
                  (B) report directly to the Director of the National 
                Counterterrorism Center or the Director's designee; and
                  (C) in coordination with the Director of the Federal 
                Bureau of Investigation, and subject to the approval of 
                the Director of the National Counterterrorism Center, 
                select a deputy from the pool of available detailees 
                from the Federal Bureau of Investigation in the 
                National Counterterrorism Center;
          (7) establish, in the ITACG Advisory Council, a mechanism to 
        select law enforcement officers and intelligence analysts for 
        placement in the National Counterterrorism Center consistent 
        with paragraph (5), using criteria developed by the ITACG 
        Advisory Council that shall encourage participation from a 
        broadly representative group of State, local, and tribal 
        homeland security and law enforcement agencies;
          (8) compile an annual assessment of the ITACG Detail's 
        performance, including summaries of customer feedback, in 
        preparing, disseminating, and requesting the dissemination of 
        intelligence products intended for State, local and tribal 
        government (including State, local, and tribal law enforcement 
        agencies), and private-sector entities; and
          (9) provide the assessment developed under paragraph (8) to 
        the program manager for use in the annual reports required by 
        subsection (c)(2).
  (e) Membership.--The Secretary, or the Secretary's designee, shall 
serve as the chair of the ITACG Advisory Council, which shall include--
          (1) representatives of--
                  (A) the Department;
                  (B) the Federal Bureau of Investigation;
                  (C) the National Counterterrorism Center;
                  (D) the Department of Defense;
                  (E) the Department of Energy;
                  (F) the Department of State; and
                  (G) other Federal entities as appropriate;
          (2) the program manager of the information sharing 
        environment, designated under section 11708(d) of this title, 
        or the program manager's designee; and
          (3) executive level law enforcement and intelligence 
        officials from State, local, and tribal governments.
  (f) Criteria.--The Secretary, in consultation with the Director of 
National Intelligence, the Attorney General, and the program manager of 
the information sharing environment established under section 11708 of 
this title, shall--
          (1) establish procedures for selecting members of the ITACG 
        Advisory Council and for the proper handling and safeguarding 
        of products derived from information within the scope of the 
        information sharing environment, including homeland security 
        information, terrorism information, and weapons of mass 
        destruction information, by those members; and
          (2) ensure that at least 50 percent of the members of the 
        ITACG Advisory Council are from State, local, and tribal 
        governments.
  (g) Operations.--
          (1) In general.--The ITACG Advisory Council shall meet 
        regularly, but not less than quarterly, at the facilities of 
        the National Counterterrorism Center of the Office of the 
        Director of National Intelligence.
          (2) Management.--Pursuant to section 119(f)(1)(E) of the 
        National Security Act of 1947 (50 U.S.C. 3056(f)(1)(E)), the 
        Director of the National Counterterrorism Center, acting 
        through the senior intelligence official from the Department of 
        Homeland Security detailed pursuant to subsection (d)(6), shall 
        ensure that--
                  (A) the products derived from information within the 
                scope of the information sharing environment, including 
                homeland security information, terrorism information, 
                and weapons of mass destruction information, prepared 
                by the National Counterterrorism Center and the ITACG 
                Detail for distribution to State, local, and tribal 
                homeland security and law enforcement agencies, reflect 
                the requirements of the agencies and are produced 
                consistently with the policies, processes, procedures, 
                standards, and guidelines established by the ITACG 
                Advisory Council;
                  (B) in consultation with the ITACG Advisory Council 
                and consistent with sections 102A(f)(1)(B)(iii) and 
                119(f)(1)(E) of the National Security Act of 1947 (50 
                U.S.C. 3024(f)(1)(B)(iii), 3056(f)(1)(E)), all products 
                described in subparagraph (A) are disseminated through 
                existing channels of the Department and the Department 
                of Justice and other appropriate channels to State, 
                local, and tribal government officials and other 
                entities;
                  (C) all detailees under subsection (d)(5) have 
                appropriate access to all relevant information within 
                the scope of the information sharing environment, 
                including homeland security information, terrorism 
                information, and weapons of mass destruction 
                information, available at the National Counterterrorism 
                Center in order to accomplish the objectives under 
                subsection (d)(5);
                  (D) all detailees under subsection (d)(5) have the 
                appropriate security clearances and are trained in the 
                procedures for handling, processing, storing, and 
                disseminating classified products derived from 
                information within the scope of the information sharing 
                environment, including homeland security information, 
                terrorism information, and weapons of mass destruction 
                information; and
                  (E) all detailees under subsection (d)(5) complete 
                appropriate privacy and civil liberties training.
  (h) Inapplicability of the Federal Advisory Committee Act.--The 
Federal Advisory Committee Act (5 U.S.C. App.) shall not apply to the 
ITACG or any subsidiary groups of the ITACG.
Sec. 10516. National asset database
  (a) Establishment.--
          (1) National asset database.--The Secretary shall establish 
        and maintain a national database of each system or asset that--
                  (A) the Secretary, in consultation with appropriate 
                homeland security officials of the States, determines 
                to be vital and the loss, interruption, incapacity, or 
                destruction of which would have a negative or 
                debilitating effect on the economic security, public 
                health, or safety of the United States, a State, or a 
                local government; or
                  (B) the Secretary determines is appropriate for 
                inclusion in the database.
          (2) Prioritized critical infrastructure list.--In accordance 
        with Homeland Security Presidential Directive-7, as in effect 
        on January 1, 2007, the Secretary shall establish and maintain 
        a single classified prioritized list of systems and assets 
        included in the database under paragraph (1) that the Secretary 
        determines would, if destroyed or disrupted, cause national or 
        regional catastrophic effects.
  (b) Use of Database.--The Secretary shall use the database 
established under subsection (a)(1) in the development and 
implementation of Department plans and programs as appropriate.
  (c) Maintenance of Database.--
          (1) In general.--The Secretary shall maintain and annually 
        update the database established under subsection (a)(1) and the 
        list established under subsection (a)(2), including--
                  (A) establishing data collection guidelines and 
                providing the guidelines to the appropriate homeland 
                security official of each State;
                  (B) regularly reviewing the guidelines established 
                under subparagraph (A), including by consulting with 
                the appropriate homeland security officials of States, 
                to solicit feedback about the guidelines, as 
                appropriate;
                  (C) after providing the homeland security official of 
                a State with the guidelines under subparagraph (A), 
                allowing the official a reasonable amount of time to 
                submit to the Secretary data submissions recommended by 
                the official for inclusion in the database established 
                under subsection (a)(1);
                  (D) examining the contents and identifying 
                submissions made by the official that are described 
                incorrectly or that do not meet the guidelines 
                established under subparagraph (A); and
                  (E) providing to the appropriate homeland security 
                official of each relevant State a list of submissions 
                identified under subparagraph (D) for review and 
                possible correction before the Secretary finalizes the 
                decision of which submissions will be included in the 
                database established under subsection (a)(1).
          (2) Organization of information in database.--The Secretary 
        shall organize the contents of the database established under 
        subsection (a)(1) and the list established under subsection 
        (a)(2) as the Secretary determines is appropriate. Any 
        organizational structure of the contents shall include the 
        categorization of the contents--
                  (A) according to the sectors listed in the National 
                Infrastructure Protection Plan developed pursuant to 
                Homeland Security Presidential Directive-7; and
                  (B) by the State and county of their location.
          (3) Private-sector integration.--The Secretary shall identify 
        and evaluate methods, including the Department's Protected 
        Critical Infrastructure Information Program, to acquire 
        relevant private-sector information for the purpose of using 
        that information to generate a database or list, including the 
        database established under subsection (a)(1) and the list 
        established under subsection (a)(2).
          (4) Retention of classification.--The classification of 
        information required to be provided to Congress, the 
        Department, or another department or agency under this section 
        by a sector-specific agency, including the assignment of a 
        level of classification of the information, shall be binding on 
        Congress, the Department, and that other Federal agency.
  (d) Reports.--
          (1) Annual report required.--The Secretary shall submit 
        annually to the Committee on Homeland Security and Governmental 
        Affairs of the Senate and the Committee on Homeland Security of 
        the House of Representatives a report on the database 
        established under subsection (a)(1) and the list established 
        under subsection (a)(2).
          (2) Contents.--Each report shall include the following:
                  (A) The name, location, and sector classification of 
                each of the systems and assets on the list established 
                under subsection (a)(2).
                  (B) The name, location, and sector classification of 
                each of the systems and assets on the list that are 
                determined by the Secretary to be most at risk to 
                terrorism.
                  (C) Any significant challenges in compiling the list 
                of the systems and assets included on the list or in 
                the database established under subsection (a)(1).
                  (D) Any significant changes from the preceding report 
                in the systems and assets included on the list or in 
                the database.
                  (E) If appropriate, the extent to which the database 
                and the list have been used, individually or jointly, 
                for allocating funds by the Federal Government to 
                prevent, reduce, mitigate, or respond to acts of 
                terrorism.
                  (F) The amount of coordination between the Department 
                and the private sector, through an entity of the 
                Department that meets with representatives of private-
                sector industries for purposes of coordination, for the 
                purpose of ensuring the accuracy of the database and 
                list.
                  (G) Other information the Secretary deems relevant.
          (3) Classified information.--The report shall be submitted in 
        unclassified form but may contain a classified annex.
  (e) National Infrastructure Protection Consortium.--The Secretary may 
establish the National Infrastructure Protection Consortium. The 
National Infrastructure Protection Consortium may advise the Secretary 
on the best way to identify, generate, organize, and maintain a 
database or list of systems and assets established by the Secretary, 
including the database established under subsection (a)(1) and the list 
established under subsection (a)(2). If the Secretary establishes the 
National Infrastructure Protection Consortium, the Consortium may--
          (1) be composed of national laboratories, Federal agencies, 
        State and local homeland security organizations, academic 
        institutions, or national Centers of Excellence that have 
        demonstrated experience working with and identifying critical 
        infrastructure and key resources; and
          (2) provide input to the Secretary on any request pertaining 
        to the contents of the database or the list.
Sec. 10517. Classified Information Advisory Officer
  (a) Designation.--The Secretary shall identify and designate in the 
Department a Classified Information Advisory Officer.
  (b) Responsibilities.--The responsibilities of the Classified 
Information Advisory Officer are as follows:
          (1) To develop and disseminate educational materials and to 
        develop and administer training programs to assist State, 
        local, and tribal governments (including State, local, and 
        tribal law enforcement agencies), and private-sector entities--
                  (A) in developing plans and policies to respond to 
                requests related to classified information without 
                communicating the information to individuals who lack 
                appropriate security clearances;
                  (B) regarding the appropriate procedures for 
                challenging classification designations of information 
                received by personnel of the entities; and
                  (C) on the means by which personnel may apply for 
                security clearances.
          (2) To inform the Under Secretary for Intelligence and 
        Analysis on policies and procedures that could facilitate the 
        sharing of classified information with the personnel, as 
        appropriate.
Sec. 10518. Annual report on intelligence activities of the Department
  (a) In General.--For each fiscal year and along with the budget 
materials submitted in support of the budget of the Department pursuant 
to section 1105(a) of title 31, the Under Secretary for Intelligence 
and Analysis shall submit to the congressional intelligence committees 
a report for that fiscal year on each intelligence activity of each 
intelligence component of the Department, as designated by the Under 
Secretary, that includes the following:
          (1) The amount of funding requested for each intelligence 
        activity.
          (2) The number of full-time employees funded to perform each 
        intelligence activity.
          (3) The number of full-time contractor employees (or the 
        equivalent of full-time in the case of part-time contractor 
        employees) funded to perform, or in support of, each 
        intelligence activity.
          (4) A determination as to whether each intelligence activity 
        is predominantly in support of national intelligence or 
        departmental mission.
          (5) The total number of analysts of the Intelligence 
        Enterprise of the Department who perform--
                  (A) strategic analysis; or
                  (B) operational analysis.
  (b) Feasibility and Advisability Report.--Not later than 120 days 
after December 19, 2014, the Secretary, acting through the Under 
Secretary for Intelligence and Analysis, shall submit to the 
congressional intelligence committees a report that--
          (1) examines the feasibility and advisability of including 
        the budget request for all intelligence activities of each 
        intelligence component of the Department that predominantly 
        support departmental missions, as designed by the Under 
        Secretary for Intelligence and Analysis, in the Homeland 
        Security Intelligence Program; and
          (2) includes a plan to enhance the coordination of 
        department-wide intelligence activities to achieve greater 
        efficiencies in the performance of the intelligence functions 
        of the Department.

           Subchapter II--Critical Infrastructure Information

Sec. 10531. Definitions
  In this subchapter:
          (1) Agency.--The term ``agency'' has the meaning given the 
        term in section 551 of title 5.
          (2) Covered federal agency.--The term ``covered Federal 
        agency'' means the Department.
          (3) Critical infrastructure information.--The term ``critical 
        infrastructure information'' means information not customarily 
        in the public domain and related to the security of critical 
        infrastructure or protected systems, including--
                  (A) actual, potential, or threatened interference 
                with, attack on, compromise of, or incapacitation of 
                critical infrastructure or protected systems by either 
                physical or computer-based attack or other similar 
                conduct (including the misuse of or unauthorized access 
                to all types of communications and data transmission 
                systems) that violates Federal, State, or local law, 
                harms interstate commerce of the United States, or 
                threatens public health or safety;
                  (B) the ability of critical infrastructure or a 
                protected system to resist interference, compromise, or 
                incapacitation, including any planned or past 
                assessment, projection, or estimate of the 
                vulnerability of critical infrastructure or a protected 
                system, including security testing, risk evaluation, 
                risk management planning, or risk audit; and
                  (C) a planned or past operational problem or solution 
                regarding critical infrastructure or a protected 
                system, including repair, recovery, reconstruction, 
                insurance, or continuity, to the extent it is related 
                to interference, compromise, or incapacitation.
          (4) Critical infrastructure protection program.--The term 
        ``critical infrastructure protection program'' means a 
        component or bureau of a covered Federal agency that has been 
        designated by the President or an agency head to receive 
        critical infrastructure information.
          (5) Cybersecurity risk; incident.--The terms ``cybersecurity 
        risk'' and ``incident'' have the meanings given the terms in 
        section 10545 of this title.
          (6) Information sharing and analysis organization.--The term 
        ``information sharing and analysis organization'' means a 
        formal or informal entity or collaboration created or employed 
        by public- or private-sector organizations, for purposes of--
                  (A) gathering and analyzing critical infrastructure 
                information, including information relating to 
                cybersecurity risks and incidents, to better understand 
                security problems and interdependencies relating to 
                critical infrastructure, including cybersecurity risks 
                and incidents, and protected systems, so as to ensure 
                the availability, integrity, and reliability of the 
                infrastructure and systems;
                  (B) communicating or disclosing critical 
                infrastructure information, including cybersecurity 
                risks and incidents, to help prevent, detect, mitigate, 
                or recover from the effects of an interference, 
                compromise, or incapacitation problem relating to 
                critical infrastructure, including cybersecurity risks 
                and incidents, or protected systems; and
                  (C) voluntarily disseminating critical infrastructure 
                information, including cybersecurity risks and 
                incidents, to its members, the Federal Government, 
                State and local governments, or other entities that may 
                be of assistance in carrying out the purposes specified 
                in subparagraphs (A) and (B).
          (7) Protected system.--The term ``protected system''--
                  (A) means a service, physical or computer-based 
                system, process, or procedure that directly or 
                indirectly affects the viability of a facility of 
                critical infrastructure; and
                  (B) includes a physical or computer-based system, 
                including a computer, computer system, computer or 
                communications network, or any component hardware or 
                element thereof, software program, processing 
                instructions, or information or data in transmission or 
                storage therein, irrespective of the medium of 
                transmission or storage.
          (8) Voluntary.--
                  (A) In general.--The term ``voluntary'', in the case 
                of a submittal of critical infrastructure information 
                to a covered Federal agency, means the submittal of the 
                information in the absence of the agency's exercise of 
                legal authority to compel access to, or submission of, 
                the information and may be accomplished by a single 
                entity or an information sharing and analysis 
                organization on behalf of itself or its members.
                  (B) Exclusions.--The term ``voluntary''--
                          (i) in the case of an action brought under 
                        the securities laws as is defined in section 
                        3(a) of the Securities Exchange Act of 1934 (15 
                        U.S.C. 78c(a))--
                                  (I) does not include information or 
                                statements contained in documents or 
                                materials filed with the Securities and 
                                Exchange Commission, or with Federal 
                                banking regulators, under section 12(i) 
                                of the Securities Exchange Act of 1934 
                                (15 U.S.C. 78l(i)); and
                                  (II) with respect to the submittal of 
                                critical infrastructure information, 
                                does not include a disclosure or 
                                writing that when made accompanied the 
                                solicitation of an offer or a sale of 
                                securities; and
                          (ii) does not include information or 
                        statements submitted or relied upon as a basis 
                        for making licensing or permitting 
                        determinations, or during regulatory 
                        proceedings.
Sec. 10532. Designation of critical infrastructure protection program
  A critical infrastructure protection program may be designated as 
such by one of the following:
          (1) The President.
          (2) The Secretary.
Sec. 10533. Protection of voluntarily shared critical infrastructure 
                    information
  (a) Protection.--
          (1) In general.--Critical infrastructure information 
        (including the identity of the submitting person or entity) 
        that is voluntarily submitted to a covered Federal agency for 
        use by that agency regarding the security of critical 
        infrastructure and protected systems, analysis, warning, 
        interdependency study, recovery, reconstitution, or other 
        informational purpose, when accompanied by an express statement 
        specified in paragraph (2)--
                  (A) shall be exempt from disclosure under section 552 
                of title 5 (known as the Freedom of Information Act);
                  (B) shall not be subject to agency rules or judicial 
                doctrine regarding ex parte communications with a 
                decision-making official;
                  (C) shall not, without the written consent of the 
                person or entity submitting the information, be used 
                directly by the agency, another Federal, State, or 
                local authority, or a third party, in a civil action 
                arising under Federal or State law if the information 
                is submitted in good faith;
                  (D) shall not, without the written consent of the 
                person or entity submitting the information, be used or 
                disclosed by an officer or employee of the United 
                States for purposes other than the purposes of this 
                subchapter, except--
                          (i) in furtherance of an investigation or the 
                        prosecution of a criminal act; or
                          (ii) when disclosure of the information would 
                        be--
                                  (I) to either House of Congress, or 
                                to the extent of matter within its 
                                jurisdiction, a committee or 
                                subcommittee of Congress (including a 
                                joint committee or subcommittee); or
                                  (II) to the Comptroller General, or 
                                an authorized representative of the 
                                Comptroller General, in the course of 
                                the performance of the duties of the 
                                Government Accountability Office;
                  (E) shall not, if provided to a State or local 
                government or government agency--
                          (i) be made available pursuant to State or 
                        local law requiring disclosure of information 
                        or records;
                          (ii) otherwise be disclosed or distributed to 
                        a party by the State or local government or 
                        government agency without the written consent 
                        of the person or entity submitting the 
                        information; or
                          (iii) be used other than for the purpose of 
                        protecting critical infrastructure or protected 
                        systems, or in furtherance of an investigation 
                        or the prosecution of a criminal act; and
                  (F) does not constitute a waiver of an applicable 
                privilege or protection provided under law, such as 
                trade secret protection.
          (2) Express statement.--For purposes of paragraph (1), the 
        term ``express statement'', with respect to information or 
        records, means--
                  (A) in the case of written information or records, a 
                written marking on the information or records 
                substantially similar to the following: ``This 
                information is voluntarily submitted to the Federal 
                Government in expectation of protection from disclosure 
                as provided by the provisions of the Critical 
                Infrastructure Information Act of 2002.''; or
                  (B) in the case of oral information, a similar 
                written statement submitted within a reasonable period 
                following the oral communication.
  (b) Limitation.--A communication of critical infrastructure 
information to a covered Federal agency made pursuant to this 
subchapter shall not be considered to be an action subject to the 
requirements of the Federal Advisory Committee Act (5 U.S.C. App.).
  (c) Independently Obtained Information.--Nothing in this section 
shall be construed to limit or otherwise affect the ability of a State, 
local, or Federal Government entity, agency, or authority, or a third 
party, under applicable law, to obtain critical infrastructure 
information in a manner not covered by subsection (a), including 
information lawfully and properly disclosed generally or broadly to the 
public and to use the information in any manner permitted by law. For 
purposes of this section, a permissible use of independently obtained 
information includes the disclosure of the information under section 
2302(b)(8) of title 5.
  (d) Treatment of Voluntary Submittal of Information.--The voluntary 
submittal to the Government of information or records that are 
protected from disclosure by this subchapter shall not be construed to 
constitute compliance with a requirement to submit the information to a 
Federal agency under any other provision of law.
  (e) Procedures.--
          (1) In general.--The Secretary shall, in consultation with 
        appropriate representatives of the National Security Council 
        and the Office of Science and Technology Policy, establish 
        uniform procedures for the receipt, care, and storage by 
        Federal agencies of critical infrastructure information that is 
        voluntarily submitted to the Government.
          (2) Elements.--The procedures established under paragraph (1) 
        shall include mechanisms regarding--
                  (A) the acknowledgement of receipt by Federal 
                agencies of critical infrastructure information that is 
                voluntarily submitted to the Government;
                  (B) the maintenance of the identification of the 
                information as voluntarily submitted to the Government 
                for purposes of, and subject to, the provisions of this 
                subchapter;
                  (C) the care and storage of the information; and
                  (D) the protection and maintenance of the 
                confidentiality of the information so as to permit the 
                sharing of the information within the Federal 
                Government and with State and local governments, and 
                the issuance of notices and warnings related to the 
                protection of critical infrastructure and protected 
                systems, in a manner to protect from public disclosure 
                the identity of the submitting person or entity, or 
                information that is proprietary, business sensitive, 
                relates specifically to the submitting person or 
                entity, and is otherwise not appropriately in the 
                public domain.
  (f) Penalties.--Whoever, being an officer or employee of the United 
States or of any department or agency thereof, knowingly publishes, 
divulges, discloses, or makes known in any manner or to any extent not 
authorized by law, any critical infrastructure information protected 
from disclosure by this subchapter coming to him or her in the course 
of this employment or official duties or by reason of any examination 
or investigation made by, or return, report, or record made to or filed 
with, the department or agency or officer or employee thereof, shall be 
fined under title 18, imprisoned not more than 1 year, or both, and 
shall be removed from office or employment.
  (g) Authority To Issue Warnings.--The Federal Government may provide 
advisories, alerts, and warnings to relevant companies, targeted 
sectors, other governmental entities, or the general public regarding 
potential threats to critical infrastructure as appropriate. In issuing 
a warning, the Federal Government shall take appropriate actions to 
protect from disclosure--
          (1) the source of voluntarily submitted critical 
        infrastructure information that forms the basis for the 
        warning; or
          (2) information that is proprietary, business sensitive, 
        relates specifically to the submitting person or entity, or is 
        otherwise not appropriately in the public domain.
  (h) Authority To Delegate.--The President may delegate authority to a 
critical infrastructure protection program, designated under section 
10532 of this title, to enter into a voluntary agreement to promote 
critical infrastructure security, including with an information sharing 
and analysis organization, or a plan of action as otherwise defined in 
section 708 of the Defense Production Act of 1950 (50 U.S.C. 4558).
Sec. 10534. No private right of action
  Nothing in this subchapter may be construed to create a private right 
of action for enforcement of a provision of this subtitle.

                  Subchapter III--Information Security

                  Part A--Department Duties and Powers

Sec. 10541. Procedures for sharing information
  The Secretary shall establish procedures on the use of information 
shared under this chapter that--
          (1) limit the re-dissemination of the information to ensure 
        that it is not used for an unauthorized purpose;
          (2) ensure the security and confidentiality of the 
        information;
          (3) protect the constitutional and statutory rights of 
        individuals who are subjects of the information; and
          (4) provide data integrity through the timely removal and 
        destruction of obsolete or erroneous names and information.
Sec. 10542. Cybersecurity collaboration between the Department and the 
                    Department of Defense
  (a) Interdepartmental Collaboration.--
          (1) In general.--The Secretary and the Secretary of Defense 
        shall provide personnel, equipment, and facilities to increase 
        interdepartmental collaboration with respect to--
                  (A) strategic planning for the cybersecurity of the 
                United States;
                  (B) mutual support for cybersecurity capabilities 
                development; and
                  (C) synchronization of current operational 
                cybersecurity mission activities.
          (2) Efficiencies.--The collaboration provided for under 
        paragraph (1) shall be designed--
                  (A) to improve the efficiency and effectiveness of 
                requirements formulation and requests for products, 
                services, and technical assistance for, and 
                coordination and performance assessment of, 
                cybersecurity missions executed across a variety of 
                elements of the Department and the Department of 
                Defense; and
                  (B) to leverage the expertise of the Department and 
                the Department of Defense and to avoid duplicating, 
                replicating, or aggregating unnecessarily the diverse 
                line organizations across technology developments, 
                operations, and customer support that collectively 
                execute the cybersecurity mission of the Department and 
                the Department of Defense.
  (b) Responsibilities.--
          (1) Secretary.--The Secretary shall identify and assign, in 
        coordination with the Secretary of Defense, a Director of 
        Cybersecurity Coordination in the Department to undertake 
        collaborative activities with the Department of Defense.
          (2) Secretary of defense.--The Secretary of Defense shall 
        identify and assign, in coordination with the Secretary, one or 
        more officials in the Department of Defense to coordinate, 
        oversee, and execute collaborative activities and the provision 
        of cybersecurity support to the Department.
Sec. 10543. Privacy officer
  (a) Appointment and Responsibilities.--The Secretary shall appoint a 
senior official in the Department, who shall report directly to the 
Secretary, to assume primary responsibility for privacy policy, 
including--
          (1) assuring that the use of technologies sustain, and do not 
        erode, privacy protections relating to the use, collection, and 
        disclosure of personal information;
          (2) assuring that personal information contained in Privacy 
        Act systems of records is handled in full compliance with fair 
        information practices as set out in section 552a of title 5 
        (known as the ``Privacy Act of 1974'');
          (3) evaluating legislative and regulatory proposals involving 
        collection, use, and disclosure of personal information by the 
        Federal Government;
          (4) conducting a privacy impact assessment of proposed rules 
        of the Department or that of the Department on the privacy of 
        personal information, including the type of personal 
        information collected and the number of people affected;
          (5) coordinating with the Officer for Civil Rights and Civil 
        Liberties to ensure that--
                  (A) programs, policies, and procedures involving 
                civil rights, civil liberties, and privacy 
                considerations are addressed in an integrated and 
                comprehensive manner; and
                  (B) Congress receives appropriate reports on the 
                programs, policies, and procedures; and
          (6) preparing a report to Congress on an annual basis on 
        activities of the Department that affect privacy, including 
        complaints of privacy violations, implementation of section 
        552a of title 5 (known as the ``Privacy Act of 1974''), 
        internal controls, and other matters.
  (b) Authority To Investigate.--
          (1) In general.--The senior official appointed under 
        subsection (a) may--
                  (A) have access to all records, reports, audits, 
                reviews, documents, papers, recommendations, and other 
                materials available to the Department that relate to 
                programs and operations with respect to the 
                responsibilities of the senior official under this 
                section;
                  (B) make investigations and reports relating to the 
                administration of the programs and operations of the 
                Department that are, in the senior official's judgment, 
                necessary or desirable;
                  (C) subject to the approval of the Secretary, require 
                by subpoena the production, by any person other than a 
                Federal agency, of all information, documents, reports, 
                answers, records, accounts, papers, and other data and 
                documentary evidence necessary to the performance of 
                the responsibilities of the senior official under this 
                section; and
                  (D) administer to, or take from, a person an oath, 
                affirmation, or affidavit, whenever necessary to the 
                performance of the responsibilities of the senior 
                official under this section.
          (2) Enforcement of subpoenas.--A subpoena issued under 
        paragraph (1)(C) shall, in the case of contumacy or refusal to 
        obey, be enforceable by order of an appropriate United States 
        district court.
          (3) Effect of oaths.--An oath, affirmation, or affidavit 
        administered or taken under paragraph (1)(D) by or before an 
        employee of the Privacy Office designated for that purpose by 
        the senior official appointed under subsection (a) shall have 
        the same force and effect as if administered or taken by or 
        before an officer having a seal of office.
  (c) Supervision and Coordination.--
          (1) In general.--The senior official appointed under 
        subsection (a) shall--
                  (A) report to, and be under the general supervision 
                of, the Secretary; and
                  (B) coordinate activities with the Inspector General 
                of the Department in order to avoid duplication of 
                effort.
          (2) Coordination with inspector general.--
                  (A) In general.--Except as provided in subparagraph 
                (B), the senior official appointed under subsection (a) 
                may investigate a matter relating to possible 
                violations or abuse concerning the administration of a 
                program or operation of the Department relevant to the 
                purposes under this section.
                  (B) Coordination.--
                          (i) Referral to inspector general.--Before 
                        initiating an investigation described under 
                        subparagraph (A), the senior official shall 
                        refer the matter and all related complaints, 
                        allegations, and information to the Inspector 
                        General of the Department.
                          (ii) Determination.--Not later than 30 days 
                        after the receipt of a matter referred under 
                        clause (i), the Inspector General shall--
                                  (I) make a determination regarding 
                                whether the Inspector General intends 
                                to initiate an audit or investigation 
                                of the matter referred under clause 
                                (i); and
                                  (II) notify the senior official of 
                                that determination.
                          (iii) Notification that audit not 
                        initiated.--If the Inspector General notifies 
                        the senior official that the Inspector General 
                        intends to initiate an audit or investigation, 
                        but does not initiate that audit or 
                        investigation within 90 days after providing 
                        that notification, the Inspector General shall 
                        further notify the senior official that an 
                        audit or investigation was not initiated. The 
                        further notification under this clause shall be 
                        made not later than 3 days after the end of 
                        that 90-day period.
                          (iv) Investigation by senior official.--The 
                        senior official may investigate a matter 
                        referred under clause (i) if--
                                  (I) the Inspector General notifies 
                                the senior official under clause (ii) 
                                that the Inspector General does not 
                                intend to initiate an audit or 
                                investigation relating to that matter; 
                                or
                                  (II) the Inspector General provides a 
                                further notification under clause (iii) 
                                relating to that matter.
                          (v) Training.--An employee of the Office of 
                        Inspector General who audits or investigates a 
                        matter referred under clause (i) shall be 
                        required to receive adequate training on 
                        privacy laws, rules, and regulations, to be 
                        provided by an entity approved by the Inspector 
                        General in consultation with the senior 
                        official appointed under subsection (a).
  (d) Notification to Congress on Removal.--If the Secretary removes 
the senior official appointed under subsection (a) or transfers that 
senior official to another position or location within the Department, 
the Secretary shall--
          (1) promptly submit a written notification of the removal or 
        transfer to both Houses of Congress; and
          (2) include in a notification the reasons for the removal or 
        transfer.
  (e) Reports by Senior Official to Congress.--The senior official 
appointed under subsection (a) shall--
          (1) submit reports directly to Congress regarding performance 
        of the responsibilities of the senior official under this 
        section, without prior comment or amendment by the Secretary, 
        Deputy Secretary of Homeland Security, or any other officer or 
        employee of the Department or the Office of Management and 
        Budget; and
          (2) inform the Committee on Homeland Security and 
        Governmental Affairs of the Senate and the Committee on 
        Homeland Security of the House of Representatives not later 
        than--
                  (A) 30 days after the Secretary disapproves the 
                senior official's request for a subpoena under 
                subsection (b)(1)(C) or the Secretary substantively 
                modifies the requested subpoena; or
                  (B) 45 days after the senior official's request for a 
                subpoena under subsection (b)(1)(C), if that subpoena 
                has not either been approved or disapproved by the 
                Secretary.
Sec. 10544. Enhancement of Federal and non-Federal cybersecurity
  In carrying out the responsibilities under section 10501 of this 
title, the Under Secretary appointed under section 10302(b)(1)(H) of 
this title shall--
          (1) as appropriate, provide to State and local government 
        entities, and upon request to private entities that own or 
        operate critical information systems--
                  (A) analysis and warnings related to threats to, and 
                vulnerabilities of, critical information systems; and
                  (B) crisis management support in response to threats 
                to, or attacks on, critical information systems;
          (2) as appropriate, provide technical assistance, upon 
        request, to the private sector and other government entities, 
        with respect to emergency recovery plans to respond to major 
        failures of critical information systems; and
          (3) fulfill the responsibilities of the Secretary to protect 
        Federal information systems under subchapter II of chapter 35 
        of title 44.
Sec. 10545. National Cybersecurity and Communications Integration 
                    Center
  (a) Definitions.--In this section--
          (1) Cybersecurity risk.--The term ``cybersecurity risk''--
                  (A) means threats to and vulnerabilities of 
                information or information systems and any related 
                consequences caused by or resulting from unauthorized 
                access, use, disclosure, degradation, disruption, 
                modification, or destruction of the information or 
                information systems, including related consequences 
                caused by an act of terrorism; and
                  (B) does not include an action that solely involves a 
                violation of a consumer term of service or a consumer 
                licensing agreement.
          (2) Cyber threat indicator; defensive measure.--The terms 
        ``cyber threat indicator'' and ``defensive measure'' have the 
        meanings given the terms in section 10561 of this title.
          (3) Incident.--The term ``incident'' means an occurrence that 
        actually or imminently jeopardizes, without lawful authority --
                  (A) the integrity, confidentiality, or availability 
                of information on an information system; or
                  (B) an information system.
          (4) Information sharing and analysis organization.--The term 
        ``information sharing and analysis organization'' has the 
        meaning given that term in section 10531 of this title.
          (5) Information system.--The term ``information system'' has 
        the meaning given that term in section 3502(8) of title 44.
          (6) Sharing.--The term ``sharing'' means providing, 
        receiving, and disseminating.
  (b) National Cybersecurity and Communications Integration Center.--
There is in the Department the National Cybersecurity and 
Communications Integration Center (referred to in this section as the 
``Center'') to carry out certain responsibilities of the Under 
Secretary appointed under section 10302(b)(1)(H) of this title.
  (c) Functions.--The cybersecurity functions of the Center shall 
include--
          (1) being a Federal civilian interface for the multi-
        directional and cross-sector sharing of information relating to 
        cyber threat indicators, defensive measures, cybersecurity 
        risks, incidents, analysis, and warnings for Federal and non-
        Federal entities, including the implementation of part B of 
        this subchapter;
          (2) providing shared situational awareness to enable real-
        time, integrated, and operational actions across the Federal 
        Government and non-Federal entities to address cybersecurity 
        risks and incidents to Federal and non-Federal entities;
          (3) coordinating the sharing of information relating to cyber 
        threat indicators, defensive measures, cybersecurity risks, and 
        incidents across the Federal Government;
          (4) facilitating cross-sector coordination to address 
        cybersecurity risks and incidents, including cybersecurity 
        risks and incidents that may be related or could have 
        consequential impacts across multiple sectors;
          (5)(A) conducting integration and analysis, including cross-
        sector integration and analysis, of cyber threat indicators, 
        defensive measures, cybersecurity risks, and incidents; and
          (B) sharing the analysis conducted under subparagraph (A) 
        with Federal and non-Federal entities;
          (6) on request, providing timely technical assistance, risk 
        management support, and incident response capabilities to 
        Federal and non-Federal entities with respect to cyber threat 
        indicators, defensive measures, cybersecurity risks, and 
        incidents, which may include attribution, mitigation, and 
        remediation;
          (7) providing information and recommendations on security and 
        resilience measures to Federal and non-Federal entities, 
        including information and recommendations to--
                  (A) facilitate information security;
                  (B) strengthen information systems against 
                cybersecurity risks and incidents; and
                  (C) share cyber threat indicators and defensive 
                measures;
          (8) engaging with international partners, in consultation 
        with other appropriate agencies, to--
                  (A) collaborate on cyber threat indicators, defensive 
                measures, and information relating to cybersecurity 
                risks and incidents; and
                  (B) enhance the security and resilience of global 
                cybersecurity;
          (9) sharing cyber threat indicators, defensive measures, and 
        other information relating to cybersecurity risks and incidents 
        with Federal and non-Federal entities, including across sectors 
        of critical infrastructure, and with State and major urban area 
        fusion centers, as appropriate;
          (10) participating, as appropriate, in national exercises run 
        by the Department; and
          (11) in coordination with the Office of Emergency 
        Communications of the Department, assessing and evaluating 
        consequence, vulnerability, and threat information regarding 
        cyber incidents to public safety communications to help 
        facilitate continuous improvements to the security and 
        resiliency of the communications.
  (d) Composition.--
          (1) In general.--The Center is composed of--
                  (A) appropriate representatives of Federal entities, 
                such as--
                          (i) sector-specific agencies;
                          (ii) civilian and law enforcement agencies; 
                        and
                          (iii) elements of the intelligence community, 
                        as that term is defined under section 3 of the 
                        National Security Act of 1947 (50 U.S.C. 3003);
                  (B) appropriate representatives of non-Federal 
                entities, such as--
                          (i) State and local governments;
                          (ii) information sharing and analysis 
                        organizations; and
                          (iii) owners and operators of critical 
                        information systems;
                  (C) components in the Center that carry out 
                cybersecurity and communications activities;
                  (D) a designated Federal official for operational 
                coordination with and across each sector; and
                  (E) other appropriate representatives or entities, as 
                determined by the Secretary.
          (2) Incidents.--In the event of an incident, during exigent 
        circumstances the Secretary may grant a Federal or non-Federal 
        entity immediate temporary access to the Center.
  (e) Principles.--In carrying out the functions under subsection (c), 
the Center shall ensure--
          (1) to the extent practicable, that--
                  (A) timely, actionable, and relevant information 
                related to cybersecurity risks, incidents, and analysis 
                is shared;
                  (B) when appropriate, information related to 
                cybersecurity risks, incidents, and analysis is 
                integrated with other relevant information and tailored 
                to the specific characteristics of a sector;
                  (C) activities are prioritized and conducted based on 
                the level of risk;
                  (D) industry sector-specific, academic, and national 
                laboratory expertise is sought and receives appropriate 
                consideration;
                  (E) continuous, collaborative, and inclusive 
                coordination occurs--
                          (i) across sectors; and
                          (ii) with--
                                  (I) sector coordinating councils;
                                  (II) information sharing and analysis 
                                organizations; and
                                  (III) other appropriate non-Federal 
                                partners;
                  (F) as appropriate, the Center works to develop and 
                use mechanisms for sharing information related to 
                cybersecurity risks and incidents that are technology-
                neutral, interoperable, real-time, cost-effective, and 
                resilient; and
                  (G) the Center works with other agencies to reduce 
                unnecessarily duplicative sharing of information 
                related to cybersecurity risks and incidents;
          (2) that information related to cybersecurity risks and 
        incidents is appropriately safeguarded against unauthorized 
        access; and
          (3) that activities conducted by the Center comply with all 
        policies, regulations, and laws that protect the privacy and 
        civil liberties of United States persons.
  (f) No Right or Benefit.--
          (1) In general.--The provision of assistance or information 
        to, and inclusion in the Center of, governmental or private 
        entities under this section shall be at the sole and 
        unreviewable discretion of the Under Secretary appointed under 
        section 10302(b)(1)(H) of this title.
          (2) Certain assistance or information.--The provision of 
        certain assistance or information to, or inclusion in the 
        Center of, one governmental or private entity pursuant to this 
        section shall not create a right or benefit, substantive or 
        procedural, to similar assistance or information for any other 
        governmental or private entity.
  (g) Automated Information Sharing.--
          (1) In general.--The Under Secretary appointed under section 
        10302(b)(1)(H) of this title, in coordination with industry and 
        other stakeholders, shall develop capabilities making use of 
        existing information technology industry standards and best 
        practices, as appropriate, that support and rapidly advance the 
        development, adoption, and implementation of automated 
        mechanisms for the sharing of cyber threat indicators and 
        defensive measures in accordance with part B of this 
        subchapter.
          (2) Annual report.--The Under Secretary appointed under 
        section 10302(b)(1)(H) of this title shall submit to the 
        Committee on Homeland Security and Governmental Affairs of the 
        Senate and the Committee on Homeland Security of the House of 
        Representatives an annual report on the status and progress of 
        the development of the capabilities described in paragraph (1). 
        The reports shall be required until the capabilities are fully 
        implemented.
  (h) Voluntary Information Sharing Procedures and Relationships.--
          (1) Procedures.--
                  (A) In general.--The Center may enter into a 
                voluntary information sharing relationship with any 
                consenting non-Federal entity for the sharing of cyber 
                threat indicators and defensive measures for 
                cybersecurity purposes in accordance with this section. 
                Nothing in this subsection may be construed to require 
                any non-Federal entity to enter into an information 
                sharing relationship with the Center or any other 
                entity. The Center may terminate a voluntary 
                information sharing relationship under this subsection, 
                at the sole and unreviewable discretion of the 
                Secretary, acting through the Under Secretary appointed 
                under section 10302(b)(1)(H) of this title, for any 
                reason, including if the Center determines that the 
                non-Federal entity with which the Center has entered 
                into the relationship has violated the terms of this 
                subsection.
                  (B) National security.--The Secretary may decline to 
                enter into a voluntary information sharing relationship 
                under this subsection, at the sole and unreviewable 
                discretion of the Secretary, acting through the Under 
                Secretary appointed under section 10302(b)(1)(H) of 
                this title, for any reason, including if the Secretary 
                determines that declining to enter into the 
                relationship is appropriate for national security.
          (2) Relationships.--A voluntary information sharing 
        relationship under this subsection may be characterized as an 
        agreement described as follows:
                  (A) For the use of a non-Federal entity, the Center 
                shall make available a standard agreement, consistent 
                with this section, on the Department's website.
                  (B) At the request of a non-Federal entity, and if 
                determined appropriate by the Center, at the sole and 
                unreviewable discretion of the Secretary, acting 
                through the Under Secretary appointed under section 
                10302(b)(1)(H) of this title, the Department shall 
                negotiate a non-standard agreement, consistent with 
                this section.
                  (C) An agreement between the Center and a non-Federal 
                entity that was entered into, or that was in effect, 
                before December 18, 2015, shall be deemed in compliance 
                with the requirements of this subsection. An agreement 
                under this subsection shall include the relevant 
                privacy protections as in effect under the Cooperative 
                Research and Development Agreement for Cybersecurity 
                Information Sharing and Collaboration, as of December 
                31, 2014. Nothing in this subsection may be construed 
                to require a non-Federal entity to enter into either a 
                standard or negotiated agreement to be in compliance 
                with this subsection.
  (i) Direct Reporting.--The Secretary shall develop policies and 
procedures for direct reporting to the Secretary by the Director of the 
Center regarding significant cybersecurity risks and incidents.
  (j) Reports on International Cooperation.--The Secretary periodically 
shall submit to the Committee on Homeland Security and Governmental 
Affairs of the Senate and the Committee on Homeland Security of the 
House of Representatives a report on the range of efforts underway to 
bolster cybersecurity collaboration with relevant international 
partners in accordance with subsection (c)(8).
  (k) Outreach.--The Secretary, acting through the Under Secretary 
appointed under section 10302(b)(1)(H) of this title, shall--
          (1) disseminate to the public information about how to 
        voluntarily share cyber threat indicators and defensive 
        measures with the Center; and
          (2) enhance outreach to critical infrastructure owners and 
        operators for purposes of sharing cyber threat indicators and 
        defensive measures with the Center.
  (l) Cybersecurity Outreach.--
          (1) Definitions.--For purposes of this subsection, the terms 
        ``small business concern'' and ``small business development 
        center'' have the meanings given the terms in section 3 of the 
        Small Business Act (15 U.S.C. 632).
          (2) Provide assistance.--The Secretary may leverage small 
        business development centers to provide assistance to small 
        business concerns by disseminating information on cyber threat 
        indicators, defense measures, cybersecurity risks, incidents, 
        analyses, and warnings to help small business concerns in 
        developing or enhancing cybersecurity infrastructure, awareness 
        of cyber threat indicators, and cyber training programs for 
        employees.
  (m) Coordinated Vulnerability Disclosure.--The Secretary, in 
coordination with industry and other stakeholders, may develop and 
adhere to Department policies and procedures for coordinating 
vulnerability disclosures.
Sec. 10546. Cybersecurity plans
  (a) Definitions.--In this section:
          (1) Agency information system.--The term ``agency information 
        system'' means an information system used or operated by an 
        agency or by another entity on behalf of an agency.
          (2) Cybersecurity risk; information system.--The terms 
        ``cybersecurity risk'' and ``information system'' have the 
        meanings given the terms in section 10545 of this title.
          (3) Intelligence community.--The term ``intelligence 
        community'' has the meaning given the term in section 3 of the 
        National Security Act of 1947 (50 U.S.C. 3003).
          (4) National security system.--The term ``national security 
        system'' has the meaning given the term in section 11103 of 
        title 40.
  (b) Intrusion Assessment Plan.--
          (1) Requirement.--The Secretary, in coordination with the 
        Director of the Office of Management and Budget, shall--
                  (A) develop and implement an intrusion assessment 
                plan to proactively detect, identify, and remove 
                intruders in agency information systems on a routine 
                basis; and
                  (B) update the plan as necessary.
          (2) Exception.--The intrusion assessment plan required under 
        paragraph (1) shall not apply to the Department of Defense, a 
        national security system, or an element of the intelligence 
        community.
  (c) Cyber Incident Response Plans.--The Under Secretary appointed 
under section 10302(b)(1)(H) of this title shall, in coordination with 
appropriate Federal departments and agencies, State and local 
governments, sector coordinating councils, information sharing and 
analysis organizations (as defined in section 10531 of this title), 
owners and operators of critical infrastructure, and other appropriate 
entities and individuals, develop, regularly update, maintain, and 
exercise adaptable cyber incident response plans to address 
cybersecurity risks (as defined in section 10545 of this title) to 
critical infrastructure.
  (d) National Response Framework.--The Secretary, in coordination with 
the heads of other appropriate Federal departments and agencies, and in 
accordance with the National Cybersecurity Incident Response Plan 
required under subsection (c), shall regularly update, maintain, and 
exercise the Cyber Incident Annex to the National Response Framework of 
the Department.
Sec. 10547. NET Guard
  The Assistant Secretary for Infrastructure Protection may establish a 
national technology guard, to be known as ``NET Guard'', comprised of 
local teams of volunteers with expertise in relevant areas of science 
and technology, to assist local communities to respond and recover from 
attacks on information systems and communications networks.
Sec. 10548. Prohibition on new regulatory authority
  (a) In General.--Nothing in the National Cybersecurity Protection Act 
of 2014 (Public Law 113-282, 128 Stat. 3066) or the amendments made by 
the Act shall be construed to grant the Secretary any authority to 
promulgate regulations or set standards relating to the cybersecurity 
of private-sector critical infrastructure that was not in effect on 
December 17, 2014.
  (b) Private Entities.--Nothing in the National Cybersecurity 
Protection Act of 2014 (Public Law 113-282, 128 Stat. 3066) or the 
amendments made by the Act shall be construed to require any private 
entity--
          (1) to request assistance from the Secretary; or
          (2) that requested assistance from the Secretary to implement 
        any measure or recommendation suggested by the Secretary.
Sec. 10549.  Federal intrusion detection and prevention system
  (a) Definitions.--In subsections (a) through (f) of this section:
          (1) Agency.--The term ``agency'' has the meaning given the 
        term in section 3502 of title 44.
          (2) Agency information.--The term ``agency information'' 
        means information collected or maintained by or on behalf of an 
        agency.
          (3) Agency information system.--The term ``agency information 
        system'' has the meaning given the term in section 10546 of 
        this title.
          (4) Cybersecurity risk, information system.--The terms 
        ``cybersecurity risk'' and ``information system'' have the 
        meanings given the terms in section 10545 of this title.
  (b) Deployment, Operation, and Maintenance of Capabilities.--
          (1) In general.--Not later than December 18, 2016, the 
        Secretary shall deploy, operate, and maintain, to make 
        available for use by any agency, with or without 
        reimbursement--
                  (A) a capability to detect cybersecurity risks in 
                network traffic transiting or traveling to or from an 
                agency information system; and
                  (B) a capability to--
                          (i) prevent network traffic associated with 
                        those cybersecurity risks from transiting or 
                        traveling to or from an agency information 
                        system; or
                          (ii) modify the network traffic to remove the 
                        cybersecurity risk.
          (2) Regular improvement.--The Secretary shall regularly 
        deploy new technologies and modify existing technologies to the 
        intrusion detection and prevention capabilities described in 
        paragraph (1) as appropriate to improve the intrusion detection 
        and prevention capabilities.
  (c) Activities.--In carrying out subsection (b), the Secretary--
          (1) may access, and the head of an agency may disclose to the 
        Secretary or a private entity providing assistance to the 
        Secretary under paragraph (2), information transiting or 
        traveling to or from an agency information system, regardless 
        of the location from which the Secretary or a private entity 
        providing assistance to the Secretary under paragraph (2) 
        accesses the information, notwithstanding any other provision 
        of law that would otherwise restrict or prevent the head of an 
        agency from disclosing the information to the Secretary or a 
        private entity providing assistance to the Secretary under 
        paragraph (2);
          (2) may enter into contracts or other agreements with, or 
        otherwise request and obtain the assistance of, private 
        entities to deploy, operate, and maintain technologies in 
        accordance with subsection (b);
          (3) may retain, use, and disclose information obtained 
        through the conduct of activities authorized under this section 
        only to protect information and information systems from 
        cybersecurity risks;
          (4) shall regularly assess, through operational test and 
        evaluation in real world or simulated environments, available 
        advanced protective technologies to improve detection and 
        prevention capabilities, including commercial and noncommercial 
        technologies and detection technologies beyond signature-based 
        detection, and acquire, test, and deploy the technologies when 
        appropriate;
          (5) shall establish a pilot through which the Secretary may 
        acquire, test, and deploy, as rapidly as possible, technologies 
        described in paragraph (4); and
          (6) shall periodically update the privacy impact assessment 
        required under section 208(b) of the E-Government Act of 2002 
        (44 U.S.C. 3501 note).
  (d) Principles.--In carrying out subsection (b), the Secretary shall 
ensure that--
          (1) activities carried out under this section are reasonably 
        necessary for the purpose of protecting agency information and 
        agency information systems from a cybersecurity risk;
          (2) information accessed by the Secretary will be retained no 
        longer than reasonably necessary for the purpose of protecting 
        agency information and agency information systems from a 
        cybersecurity risk;
          (3) notice has been provided to users of an agency 
        information system concerning access to communications of users 
        of the agency information system for the purpose of protecting 
        agency information and the agency information system; and
          (4) the activities are implemented pursuant to policies and 
        procedures governing the operation of the intrusion detection 
        and prevention capabilities.
  (e) Private Entities.--
          (1) Conditions.--A private entity described in subsection 
        (c)(2) may not--
                  (A) disclose any network traffic transiting or 
                traveling to or from an agency information system to 
                any entity other than the Department or the agency that 
                disclosed the information under subsection (c)(1), 
                including personal information of a specific individual 
                or information that identifies a specific individual 
                not directly related to a cybersecurity risk; or
                  (B) use any network traffic transiting or traveling 
                to or from an agency information system to which the 
                private entity gains access in accordance with this 
                section for any purpose other than to protect agency 
                information and agency information systems against 
                cybersecurity risks or to administer a contract or 
                other agreement entered into pursuant to subsection 
                (c)(2) or as part of another contract with the 
                Secretary.
          (2) Limitation on liability.--No cause of action shall lie in 
        any court against a private entity for assistance provided to 
        the Secretary in accordance with this section and any contract 
        or agreement entered into pursuant to subsection (c)(2).
          (3) Rule of construction.--Nothing in paragraph (2) shall be 
        construed to authorize an Internet service provider to break a 
        user agreement with a customer without the consent of the 
        customer.
  (f) Privacy Officer Review.--Not later than December 18, 2016, the 
Privacy Officer appointed under section 10543 of this title, in 
consultation with the Attorney General, shall review the policies and 
guidelines for the program carried out under this section to ensure 
that the policies and guidelines are consistent with applicable privacy 
laws, including those governing the acquisition, interception, 
retention, use, and disclosure of communications.
  (g) Agency Responsibilities.--
          (1) Definition of agency information system.--In this 
        subsection, the term ``agency information system'' means an 
        information system owned or operated by an agency.
          (2) In general.--Except as provided in paragraph (3)--
                  (A) not later than December 18, 2016, or 2 months 
                after the date on which the Secretary makes available 
                the intrusion detection and prevention capabilities 
                under subsection (b)(1), whichever is later, the head 
                of each agency shall apply and continue to utilize the 
                capabilities to all information traveling between an 
                agency information system and another information 
                system; and
                  (B) not later than 6 months after the date on which 
                the Secretary makes available improvements to the 
                intrusion detection and prevention capabilities 
                pursuant to subsection (b)(2), the head of each agency 
                shall apply and continue to utilize the improved 
                intrusion detection and prevention capabilities.
          (3) Exception.--The requirements under paragraph (2) shall 
        not apply to the Department of Defense, a national security 
        system, or an element of the intelligence community.
          (4) Rule of construction.--Nothing in this subsection shall 
        be construed to limit an agency from applying the intrusion 
        detection and prevention capabilities to an information system 
        other than an agency information system under subsection (b)(1) 
        at the discretion of the head of the agency or as provided in 
        relevant policies, directives, and guidelines.
  (h) Rule of Construction.--Nothing in subsection (i) shall be 
construed to affect the limitation of liability of a private entity for 
assistance provided to the Secretary under subsection (d)(2) if the 
assistance was rendered before the termination date under subsection 
(i) or otherwise during a period in which the assistance was 
authorized.
  (i) Termination.--The requirements under subsections (a) through (f) 
of this section terminate on December 18, 2022.
Sec. 10550. Cybersecurity strategy
  (a) Definition of Homeland Security Enterprise.--In this section, the 
term ``Homeland Security Enterprise'' means relevant governmental and 
nongovernmental entities involved in homeland security, including 
Federal, State, local, and tribal government officials, private-sector 
representatives, academics, and other policy experts.
  (b) Development of Strategy.--The Secretary shall develop a 
departmental strategy to carry out cybersecurity responsibilities as 
set forth by law.
  (c) Contents.--The strategy required under subsection (b) shall 
include the following:
          (1) Strategic and operational goals and priorities to 
        successfully execute the full range of the Secretary's 
        cybersecurity responsibilities.
          (2) Information on the programs, policies, and activities 
        that are required to successfully execute the full range of the 
        Secretary's cybersecurity responsibilities, including programs, 
        policies, and activities in furtherance of the following:
                  (A) Cybersecurity functions set forth in section 
                10545 of this title.
                  (B) Cybersecurity investigation capabilities.
                  (C) Cybersecurity research and development.
                  (D) Engagement with international cybersecurity 
                partners.
  (d) Considerations.--In developing the strategy required under 
subsection (b), the Secretary shall--
          (1) consider--
                  (A) the cybersecurity strategy for the Homeland 
                Security Enterprise published by the Secretary in 
                November 2011;
                  (B) the Department of Homeland Security Fiscal Years 
                2014-2018 Strategic Plan; and
                  (C) the most recent Quadrennial Homeland Security 
                Review issued pursuant to section 11506 of this title; 
                and
          (2) include information on the roles and responsibilities of 
        components and offices of the Department, to the extent 
        practicable, to carry out the strategy.
  (e) Implementation Plan.--Not later than 90 days after the 
development of the strategy required under subsection (b), the 
Secretary shall issue an implementation plan for the strategy that 
includes the following:
          (1) Strategic objectives and corresponding tasks.
          (2) Projected timelines and costs for the tasks.
          (3) Metrics to evaluate performance of the tasks.
  (f) Congressional Oversight.--The Secretary shall submit to Congress 
for assessment the following:
          (1) A copy of the strategy required under subsection (b) on 
        issuance.
          (2) A copy of the implementation plan required under 
        subsection (e), on issuance, together with detailed information 
        on any associated legislative or budgetary proposals.
  (g) Classifed Information.--The strategy required under subsection 
(b) shall be in an unclassified form but may contain a classified 
annex.
  (h) Rule of Construction.--Nothing in this section may be construed 
as permitting the Department to engage in monitoring, surveillance, 
exfiltration, or other collection activities for the purpose of 
tracking an individual's personally identifiable information.

               Part B--Cybersecurity Information Sharing

Sec. 10561. Definitions
  In this part:
          (1) Agency.--The term ``agency'' has the meaning given the 
        term in section 3502 of title 44.
          (2) Antitrust laws.--The term ``antitrust laws''--
                  (A) has the meaning given the term in the 1st section 
                of the Clayton Act (15 U.S.C. 12);
                  (B) includes section 5 of the Federal Trade 
                Commission Act (15 U.S.C. 45) to the extent that 
                section 5 of that Act applies to unfair competition; 
                and
                  (C) includes any State antitrust law, but only to the 
                extent that the law is consistent with the law referred 
                to in subparagraph (A) or (B).
          (3) Appropriate federal entities.--The term ``appropriate 
        federal entities'' means the following:
                  (A) The Department of Commerce.
                  (B) The Department of Defense.
                  (C) The Department of Energy.
                  (D) The Department of Homeland Security.
                  (E) The Department of Justice.
                  (F) The Department of the Treasury.
          (4) Cybersecurity purpose.--The term ``cybersecurity 
        purpose'' means the purpose of protecting an information system 
        or information that is stored on, processed by, or transiting 
        an information system from a cybersecurity threat or security 
        vulnerability.
          (5) Cybersecurity threat.--
                  (A) In general.--Except as provided in subparagraph 
                (B), the term ``cybersecurity threat'' means an action, 
                not protected by the 1st amendment of the Constitution, 
                on or through an information system that may result in 
                an unauthorized effort to adversely impact the 
                security, availability, confidentiality, or integrity 
                of an information system or information that is stored 
                on, processed in, or transiting an information system.
                  (B) Exclusion.--The term ``cybersecurity threat'' 
                does not include any action that solely involves a 
                violation of a consumer term of service or a consumer 
                licensing agreement.
          (6) Cyber threat indicator.--The term ``cyber threat 
        indicator'' means information that is necessary to describe or 
        identify--
                  (A) malicious reconnaissance, including anomalous 
                patterns of communication that appear to be transmitted 
                for the purpose of gathering technical information 
                relating to a cybersecurity threat or security 
                vulnerability;
                  (B) a method of defeating a security control or 
                exploitation of a security vulnerability;
                  (C) a security vulnerability, including anomalous 
                activity that appears to indicate the existence of a 
                security vulnerability;
                  (D) a method of causing a user with legitimate access 
                to an information system or information that is stored 
                on, processed by, or transiting an information system 
                to unwittingly enable the defeat of a security control 
                or exploitation of a security vulnerability;
                  (E) malicious cyber command and control;
                  (F) the actual or potential harm caused by an 
                incident, including a description of the information 
                exfiltrated as a result of a particular cybersecurity 
                threat;
                  (G) any other attribute of a cybersecurity threat, if 
                disclosure of the attribute is not otherwise prohibited 
                by law; or
                  (H) any combination of subparagraphs (A) through (G).
          (7) Defensive measure.--
                  (A) In general.--Except as provided in subparagraph 
                (B), the term ``defensive measure'' means an action, 
                device, procedure, signature, technique, or other 
                measure applied to an information system or information 
                that is stored on, processed by, or transiting an 
                information system that detects, prevents, or mitigates 
                a known or suspected cybersecurity threat or security 
                vulnerability.
                  (B) Exclusion.--The term ``defensive measure'' does 
                not include a measure that destroys, renders unusable, 
                provides unauthorized access to, or substantially harms 
                an information system or information stored on, 
                processed by, or transiting the information system not 
                owned by--
                          (i) the private entity operating the measure; 
                        or
                          (ii) another entity or Federal entity that 
                        may provide consent and has provided consent to 
                        that private entity for operation of the 
                        measure.
          (8) Federal entity.--The term ``Federal entity'' means a 
        department or agency of the United States or any component of 
        the department or agency.
          (9) Information system.--The term ``information system''--
                  (A) has the meaning given the term in section 3502 of 
                title 44; and
                  (B) includes industrial control systems such as 
                supervisory control and data acquisition systems, 
                distributed control systems, and programmable logic 
                controllers.
          (10) Local government.--The term ``local government'' means 
        any borough, city, county, parish, town, township, village or 
        other political subdivision of a State.
          (11) Malicious cyber command and control.--The term 
        ``malicious cyber command and control'' means a method for 
        unauthorized remote identification of, access to, or use of, an 
        information system or information that is stored on, processed 
        by, or transiting an information system.
          (12) Malicious reconnaissance.--The term ``malicious 
        reconnaissance'' means a method for actively probing or 
        passively monitoring an information system for the purpose of 
        discerning security vulnerabilities of the information system, 
        if the method is associated with a known or suspected 
        cybersecurity threat.
          (13) Monitor.--The term ``monitor'' means to acquire, 
        identify, or scan, or to possess, information that is stored 
        on, processed by, or transiting an information system.
          (14) Non-federal entity.--
                  (A) In general.--Except as provided in this 
                paragraph, the term ``non-Federal entity'' means any 
                private entity, non-Federal Government agency or 
                department, or State, tribal, or local government 
                (including a political subdivision, department, or 
                component of the government).
                  (B) Inclusions.--The term ``non-Federal entity'' 
                includes a government agency or department of the 
                District of Columbia, Puerto Rico, the Virgin Islands, 
                Guam, American Samoa, the Northern Mariana Islands, and 
                any other territory or possession of the United States.
                  (C) Exclusions.--The term ``non-Federal entity'' does 
                not include a foreign power as defined in section 101 
                of the Foreign Intelligence Surveillance Act of 1978 
                (50 U.S.C. 1801).
          (15) Private entity.--
                  (A) In general.--Except as provided in this 
                paragraph, the term ``private entity'' means any person 
                or private group, organization, proprietorship, 
                partnership, trust, cooperative organization, or other 
                commercial or nonprofit entity, including an officer, 
                employee, or agent.
                  (B) Inclusion.--The term ``private entity'' includes 
                a State, tribal, or local government performing utility 
                services, such as electric, natural gas, or water 
                services.
                  (C) Exclusion.--The term ``private entity'' does not 
                include a foreign power as defined in section 101 of 
                the Foreign Intelligence Surveillance Act of 1978 (50 
                U.S.C. 1801).
          (16) Security control.--The term ``security control'' means 
        the management, operational, and technical controls used to 
        protect against an unauthorized effort to adversely affect the 
        confidentiality, integrity, and availability of an information 
        system or its information.
          (17) Security vulnerability.-The term ``security 
        vulnerability'' means any attribute of hardware, software, 
        process, or procedure that could enable or facilitate the 
        defeat of a security control.
          (18) Tribal.--The term ``tribal'' has the meaning given the 
        term ``Indian tribe'' in section 4 of the Indian Self-
        Determination and Education Assistance Act (25 U.S.C. 450b).
Sec. 10562. Procedures for sharing information by Federal Government
  (a) In General.--Consistent with the protection of classified 
information, intelligence sources and methods, and privacy and civil 
liberties, the Director of National Intelligence, the Secretary of 
Homeland Security, the Secretary of Defense, and the Attorney General, 
in consultation with the heads of the appropriate Federal entities, 
shall jointly develop and issue procedures to facilitate and promote--
          (1) timely sharing of classified cyber threat indicators and 
        defensive measures the Federal Government possesses with 
        representatives of relevant Federal entities and non-Federal 
        entities that have appropriate security clearances;
          (2) timely sharing with relevant Federal entities and non-
        Federal entities of cyber threat indicators, defensive 
        measures, and information relating to cybersecurity threats or 
        authorized uses under this part, in the possession of the 
        Federal Government, that may be declassified and shared at an 
        unclassified level;
          (3) timely sharing with relevant Federal entities and non-
        Federal entities, or the public if appropriate, of 
        unclassified, including controlled unclassified, cyber threat 
        indicators and defensive measures the Federal Government 
        possesses;
          (4) timely sharing with Federal entities and non-Federal 
        entities, if appropriate, of information relating to 
        cybersecurity threats or authorized uses under this part that 
        the Federal Government possesses about cybersecurity threats to 
        those entities to prevent or mitigate adverse effects from the 
        threats; and
          (5) periodic sharing, through publication and targeted 
        outreach, of cybersecurity best practices that are developed 
        based on ongoing analyses of cyber threat indicators, defensive 
        measures, and information relating to cybersecurity threats or 
        authorized uses under this part, in the possession of the 
        Federal Government with attention to accessibility and 
        implementation challenges faced by small business concerns (as 
        defined in section 3 of the Small Business Act (15 U.S.C. 
        632)).
  (b) Content.--The procedures developed under subsection (a) shall--
          (1) ensure the Federal Government has and maintains the 
        capability to share cyber threat indicators and defensive 
        measures in real time consistent with the protection of 
        classified information;
          (2) incorporate to the greatest extent practicable existing 
        processes and existing roles and responsibilities of Federal 
        entities and non-Federal entities for information sharing by 
        the Federal Government, including sector specific information 
        sharing and analysis centers;
          (3) include procedures for notifying, in a timely manner, 
        Federal entities and non-Federal entities that have received a 
        cyber threat indicator or defensive measure from a Federal 
        entity under this part that is known or determined to be in 
        error or in contravention of the requirements of this part or 
        another provision of Federal law or policy of the error or 
        contravention;
          (4) include requirements for Federal entities sharing cyber 
        threat indicators or defensive measures to implement and 
        utilize security controls to protect against unauthorized 
        access to, or acquisition of, the indicators or measures;
          (5) include procedures that require a Federal entity, prior 
        to the sharing of a cyber threat indicator--
                  (A) to--
                          (i) review the indicator to assess whether 
                        the indicator contains any information not 
                        directly related to a cybersecurity threat that 
                        the Federal entity knows at the time of sharing 
                        to be personal information of a specific 
                        individual or information that identifies a 
                        specific individual; and
                          (ii) remove the information; or
                  (B) to implement and utilize a technical capability 
                configured to remove information not directly related 
                to a cybersecurity threat that the Federal entity knows 
                at the time of sharing to be personal information of a 
                specific individual or information that identifies a 
                specific individual; and
          (6) include procedures for notifying, in a timely manner, any 
        United States person whose personal information is known or 
        determined to have been shared by a Federal entity in violation 
        of this part.
  (c) Consultation.--In developing the procedures required under this 
section, the Director of National Intelligence, the Secretary, the 
Secretary of Defense, and the Attorney General shall consult with 
appropriate Federal entities, including the Small Business 
Administration and the National Laboratories (as defined in section 2 
of the Energy Policy Act of 2005 (42 U.S.C. 15801)), to ensure that 
effective protocols are implemented that will facilitate and promote 
the sharing of cyber threat indicators by the Federal Government in a 
timely manner.
  (d) Submittal to Congress.--The Director of National Intelligence, in 
consultation with the heads of the appropriate Federal entities, shall 
submit to Congress the procedures required by subsection (a).
Sec. 10563. Authorization for preventing, detecting, analyzing, and 
                    mitigating cybersecurity threats.
  (a) Authorization for Monitoring.--
          (1) In general.--A private entity may, for cybersecurity 
        purposes, monitor--
                  (A) an information system of the private entity;
                  (B) an information system of another non-Federal 
                entity, on the authorization and written consent of the 
                other entity;
                  (C) an information system of a Federal entity, on the 
                authorization and written consent of an authorized 
                representative of the Federal entity; and
                  (D) information that is stored on, processed by, or 
                transiting an information system monitored by the 
                private entity under this paragraph.
          (2) Construction.--Nothing in paragraph (1) shall be 
        construed to--
                  (A) authorize the monitoring of an information 
                system, or the use of information obtained through the 
                monitoring, other than as provided in this part; or
                  (B) limit otherwise lawful activity.
  (b) Authorization for Operation of Defensive Measures.--
          (1) In general.--A private entity may, for cybersecurity 
        purposes, operate a defensive measure that is applied to--
                  (A) an information system of the private entity to 
                protect the rights or property of the entity;
                  (B) an information system of another non-Federal 
                entity, on written consent of the other entity for 
                operation of the defensive measure to protect the 
                rights or property of the entity;
                  (C) an information system of a Federal entity on 
                written consent of an authorized representative of the 
                Federal entity for operation of the defensive measure 
                to protect the rights or property of the Federal 
                Government.
          (2) Construction.--Nothing in paragraph (1) shall be 
        construed to--
                  (A) authorize the use of a defensive measure other 
                than as provided in paragraph (1); or
                  (B) limit otherwise lawful activity.
  (c) Authorization for Sharing or Receiving Cyber Threat Indicators or 
Defensive Measures.--
          (1) In general.--Except as provided in paragraph (2), a non-
        Federal entity may, for a cybersecurity purpose and consistent 
        with the protection of classified information, share with, or 
        receive, from, any other non-Federal entity or the Federal 
        Government a cyber threat indicator or defensive measure.
          (2) Compliance with lawful restriction.--A non-Federal entity 
        receiving a cyber threat indicator or defensive measure from 
        another non-Federal entity or a Federal entity shall comply 
        with otherwise lawful restrictions placed on the sharing or use 
        of the indicator or defensive measure by the sharing non-
        Federal entity or Federal entity.
          (3) Construction.--Nothing in paragraph (1) shall be 
        construed to--
                  (A) authorize the sharing or receiving of a cyber 
                threat indicator or defensive measure other than as 
                provided in paragraph (1); or
                  (B) limit otherwise lawful activity.
  (d) Protection and Use of Information.--
          (1) Security of information.--A non-Federal entity monitoring 
        an information system, operating a defensive measure, or 
        providing or receiving a cyber threat indicator or defensive 
        measure under this section shall implement and utilize a 
        security control to protect against unauthorized access to or 
        acquisition of the cyber threat indicator or defensive measure.
          (2) Removal of certain personal information.--A non-Federal 
        entity sharing a cyber threat indicator pursuant to this part 
        shall, prior to sharing--
                  (A) review the cyber threat indicator to assess 
                whether the indicator contains any information not 
                directly related to a cybersecurity threat that the 
                non-Federal entity knows at the time of sharing to be 
                personal information of a specific individual or 
                information that identifies a specific individual and 
                remove the information; or
                  (B) implement and utilize a technical capability 
                configured to remove any information not directly 
                related to a cybersecurity threat that the non-Federal 
                entity knows at the time of sharing to be personal 
                information of a specific individual or information 
                that identifies a specific individual.
          (3) Use of cyber threat indicators and defensive measures by 
        non-federal entities.--
                  (A) In general.--Consistent with this part, a cyber 
                threat indicator or defensive measure shared or 
                received under this section may, for cybersecurity 
                purposes--
                          (i) be used by a non-Federal entity to 
                        monitor or operate a defensive measure that is 
                        applied to--
                                  (I) an information system of the non-
                                Federal entity; or
                                  (II) an information system of another 
                                non-Federal entity or a Federal entity 
                                on the written consent of the other 
                                non-Federal entity or that Federal 
                                entity; and
                          (ii) be otherwise used, retained, and further 
                        shared by a non-Federal entity subject to--
                                  (I) an otherwise lawful restriction 
                                placed by the sharing non-Federal 
                                entity or Federal entity on the cyber 
                                threat indicator or defensive measure; 
                                or
                                  (II) an otherwise applicable 
                                provision of law.
                  (B) Construction.--Nothing in subparagraph (A) shall 
                be construed to authorize the use of a cyber threat 
                indicator or defensive measure other than as provided 
                in this section.
          (4) Use of cyber threat indicators by state, tribal, or local 
        government.--
                  (A) Law enforcement use.--A State, tribal, or local 
                government that receives a cyber threat indicator or 
                defensive measure under this part may use the cyber 
                threat indicator or defensive measure for the purposes 
                described in section 10564(e)(5)(A) of this title.
                  (B) Exemption from disclosure.--A cyber threat 
                indicator or defensive measure shared by or with a 
                State, tribal, or local government, including a 
                component of a State, tribal, or local government that 
                is a private entity, under this section shall be--
                          (i) considered voluntarily shared 
                        information; and
                          (ii) exempt from disclosure under any 
                        provision of State, tribal, or local freedom of 
                        information law, open government law, open 
                        meetings law, open records law, sunshine law, 
                        or similar law requiring disclosure of 
                        information or records.
                  (C) State, tribal, and local regulatory authority.--
                          (i) In general.--Except as provided in clause 
                        (ii), a cyber threat indicator or defensive 
                        measure shared with a State, tribal, or local 
                        government under this part shall not be used by 
                        any State, tribal, or local government to 
                        regulate, including an enforcement action, the 
                        lawful activity of any non-Federal entity or 
                        any activity taken by a non-Federal entity 
                        pursuant to mandatory standards, including an 
                        activity relating to monitoring, operating a 
                        defensive measure, or sharing a cyber threat 
                        indicator.
                          (ii) Regulatory authority specifically 
                        relating to prevention or mitigation of 
                        cybersecurity threats.--A cyber threat 
                        indicator or defensive measure shared as 
                        described in clause (i) may, consistent with a 
                        State, tribal, or local government regulatory 
                        authority specifically relating to the 
                        prevention or mitigation of cybersecurity 
                        threats to information systems, inform the 
                        development or implementation of a regulation 
                        relating to the information systems.
  (e) Antitrust Exemption.--
          (1) In general.--Except as provided in section 10569(e) of 
        this title, it shall not be considered a violation of any 
        provision of antitrust laws for 2 or more private entities to 
        exchange or provide a cyber threat indicator or defensive 
        measure, or assistance, relating to the prevention, 
        investigation, or mitigation of a cybersecurity threat, for 
        cybersecurity purposes under this part.
          (2) Applicability.--Paragraph (1) shall apply only to 
        information that is exchanged or assistance provided to assist 
        with--
                  (A) facilitating the prevention, investigation, or 
                mitigation of a cybersecurity threat to an information 
                system or information that is stored on, processed by, 
                or transiting an information system; or
                  (B) communicating or disclosing a cyber threat 
                indicator to help prevent, investigate, or mitigate the 
                effect of a cybersecurity threat to an information 
                system or information that is stored on, processed by, 
                or transiting an information system.
  (f) No Right or Benefit.--The sharing of a cyber threat indicator or 
defensive measure with a non-Federal entity under this part shall not 
create a right or benefit to similar information by the non-Federal 
entity or any other non-Federal entity.
Sec. 10564. Sharing of cyber threat indicators and defensive measures 
                    with Federal Government
  (a) Development of Policies and Procedures.--The Attorney General and 
the Secretary shall, in consultation with the heads of the appropriate 
Federal entities, jointly issue and make publicly available policies 
and procedures relating to the receipt of cyber threat indicators and 
defensive measures by the Federal Government. Consistent with the 
guidelines required by subsection (d), the policies and procedures 
shall ensure--
          (1) that cyber threat indicators shared with the Federal 
        Government by any non-Federal entity pursuant to section 
        10563(c) of this title through the real-time process described 
        in subsection (d)--
                  (A) are shared in an automated manner with all 
                appropriate Federal entities;
                  (B) are only subject to a delay, modification, or 
                other action due to controls established for the real-
                time process that could impede real-time receipt by all 
                appropriate Federal entities when the delay, 
                modification, or other action is due to controls--
                          (i) agreed on unanimously by all of the heads 
                        of the appropriate Federal entities;
                          (ii) carried out before any appropriate 
                        Federal entity retains or uses the cyber threat 
                        indicators or defensive measures; and
                          (iii) uniformly applied so that each 
                        appropriate Federal entity is subject to the 
                        same delay, modification, or other action; and
                  (C) may be provided to other Federal entities;
          (2) that cyber threat indicators shared with the Federal 
        Government by any non-Federal entity pursuant to section 10563 
        of this title in a manner other than the real-time process 
        described in subsection (d)--
                  (A) are shared as quickly as operationally 
                practicable with all appropriate Federal entities;
                  (B) are not subject to any unnecessary delay, 
                interference, or any other action that could impede 
                receipt by all appropriate Federal entities; and
                  (C) may be provided to other Federal entities; and
          (3) there are--
                  (A) audit capabilities; and
                  (B) appropriate sanctions in place for officers, 
                employees, or agents of a Federal entity who knowingly 
                and willfully conduct activities under this part in an 
                unauthorized manner.
  (b) Guidelines for Entities Sharing Cyber Threat Indicators With 
Federal Government.--The Attorney General and the Secretary jointly 
shall develop and make publicly available guidance to assist entities 
and promote sharing of cyber threat indicators with Federal entities 
under this part. The guidelines shall include guidance on the 
following:
          (1) Identification of types of information that would qualify 
        as a cyber threat indicator under this part that would be 
        unlikely to include information that--
                  (A) is not directly related to a cybersecurity 
                threat; and
                  (B) is personal information of a specific individual 
                or information that identifies a specific individual.
          (2) Identification of types of information protected under 
        otherwise applicable privacy laws that are unlikely to be 
        directly related to a cybersecurity threat.
          (3) Such other matters as the Attorney General and the 
        Secretary consider appropriate for entities sharing cyber 
        threat indicators with Federal entities under this part.
  (c) Privacy and Civil Liberties.--
          (1) Issuance and availability of guidelines.--The Attorney 
        General and the Secretary shall, in coordination with the heads 
        of the appropriate Federal entities and in consultation with 
        officers designated undersection 1062 of the Intelligence 
        Reform and Terrorism Prevention Act of 2004 (42 U.S.C. 2000ee-
        1) and such private entities with industry expertise as the 
        Attorney General and the Secretary consider relevant, jointly 
        issue and make publicly available final guidelines relating to 
        privacy and civil liberties that shall govern the receipt, 
        retention, use, and dissemination of cyber threat indicators by 
        a Federal entity obtained in connection with activities 
        authorized in this part.
          (2) Content.--The guidelines shall, consistent with the need 
        to protect information systems from cybersecurity threats and 
        mitigate cybersecurity threats--
                  (A) limit the effect on privacy and civil liberties 
                of activities by the Federal Government under this 
                part;
                  (B) limit the receipt, retention, use, and 
                dissemination of cyber threat indicators containing 
                personal information of specific individuals or 
                information that identifies specific individuals, 
                including by establishing--
                          (i) a process for the timely destruction of 
                        the information that is known not to be 
                        directly related to uses authorized under this 
                        part; and
                          (ii) specific limitations on the length of 
                        any period in which a cyber threat indicator 
                        may be retained;
                  (C) include requirements to safeguard cyber threat 
                indicators containing personal information of specific 
                individuals or information that identifies specific 
                individuals from unauthorized access or acquisition, 
                including appropriate sanctions for activities by 
                officers, employees, or agents of the Federal 
                Government in contravention of the guidelines;
                  (D) consistent with this part, any other applicable 
                provisions of law, and the fair information practice 
                principles set forth in appendix A of the document 
                entitled ``National Strategy for Trusted Identities in 
                Cyberspace'' and published by the President in April 
                2011, govern the retention, use, and dissemination by 
                the Federal Government of cyber threat indicators 
                shared with the Federal Government under this part, 
                including the extent to which the cyber threat 
                indicators may be used by the Federal Government;
                  (E) include procedures for notifying entities and 
                Federal entities if information received pursuant to 
                this section is known or determined by a Federal entity 
                receiving the information not to constitute a cyber 
                threat indicator;
                  (F) protect the confidentiality of cyber threat 
                indicators containing personal information of specific 
                individuals or information that identifies specific 
                individuals to the greatest extent practicable and 
                require recipients to be informed that the indicators 
                may only be used for purposes authorized under this 
                part; and
                  (G) include steps that may be needed so that 
                dissemination of cyber threat indicators is consistent 
                with the protection of classified and other sensitive 
                national security information.
          (3) Periodic review.--The Attorney General and the Secretary 
        shall, in coordination with the heads of the appropriate 
        Federal entities and in consultation with officers and private 
        entities described in paragraph (1), periodically, but not less 
        frequently than once every 2 years, jointly review the 
        guidelines issued under paragraph (1).
  (d) Capability and Process in the Department.--
          (1) In general.--The Secretary, in coordination with the 
        heads of the appropriate Federal entities, shall develop and 
        implement a capability and process in the Department that--
                  (A) shall accept from any non-Federal entity in real 
                time cyber threat indicators and defensive measures, 
                pursuant to this section;
                  (B) on submittal of the certification under paragraph 
                (2) that the capability and process fully and 
                effectively operates as described in paragraph (2), 
                shall be the process by which the Federal Government 
                receives cyber threat indicators and +defensive 
                measures under this part that are shared by a non-
                Federal entity with the Federal Government through 
                electronic mail or media, an interactive form on an 
                Internet website, or a real time, automated process 
                between information systems, except--
                          (i) consistent with section 10563 of this 
                        title, communications between a Federal entity 
                        and a non-Federal entity regarding a previously 
                        shared cyber threat indicator to--
                                  (I) describe the relevant 
                                cybersecurity threat; or
                                  (II) develop a defensive measure 
                                based on the cyber threat indicator; 
                                and
                          (ii) communications by a regulated non-
                        Federal entity with the entity's Federal 
                        regulatory authority regarding a cybersecurity 
                        threat;
                  (C) ensures that all of the appropriate Federal 
                entities receive in an automated manner cyber threat 
                indicators and defensive measures shared through the 
                real-time process in the Department;
                  (D) is in compliance with the policies, procedures, 
                and guidelines required by this section; and
                  (E) does not limit or prohibit otherwise lawful 
                disclosures of communications, records, or other 
                information, including--
                          (i) reporting known or suspected criminal 
                        activity, by a non-Federal entity to any other 
                        non-Federal entity or a Federal entity, 
                        including cyber threat indicators or defensive 
                        measures shared with a Federal entity in 
                        furtherance of opening a Federal law 
                        enforcement investigation;
                          (ii) voluntary or legally compelled 
                        participation in a Federal investigation; and
                          (iii) providing cyber threat indicators or 
                        defensive measures as part of a statutory or 
                        authorized contractual requirement.
          (2) Certification and designation.--
                  (A) Certification of capability and process.--The 
                Secretary shall, in consultation with the heads of the 
                appropriate Federal entities, submit to Congress a 
                certification as to whether the capability and process 
                required by paragraph (1) fully and effectively 
                operates--
                          (i) as the process by which the Federal 
                        Government receives from any non-Federal entity 
                        a cyber threat indicator or defensive measure 
                        under this part; and
                          (ii) in accordance with the interim policies, 
                        procedures, and guidelines developed under this 
                        part.
                  (B) Designation.--
                          (i) In general.--At any time after 
                        certification is submitted under subparagraph 
                        (A), the President may designate an appropriate 
                        Federal entity, other than the Department of 
                        Defense (including the National Security 
                        Agency), to develop and implement a capability 
                        and process as described in paragraph (1) in 
                        addition to the capability and process 
                        developed under paragraph (1) by the Secretary, 
                        if, not fewer than 30 days before making the 
                        designation, the President submits to Congress 
                        a certification and explanation that--
                                  (I) the designation is necessary to 
                                ensure full, effective, and secure 
                                operation of a capability and process 
                                for the Federal Government to receive 
                                from any non-Federal entity cyber 
                                threat indicators or defensive measures 
                                under this part;
                                  (II) the designated appropriate 
                                Federal entity will receive and share 
                                cyber threat indicators and defensive 
                                measures in accordance with the 
                                policies, procedures, and guidelines 
                                developed under this part, including 
                                subsection (a)(1); and
                                  (III) the designation is consistent 
                                with the mission of the appropriate 
                                Federal entity and improves the ability 
                                of the Federal Government to receive, 
                                share, and use cyber threat indicators 
                                and defensive measures as authorized 
                                under this part.
                          (ii) Application to additional capability and 
                        process.--If the President designates an 
                        appropriate Federal entity to develop and 
                        implement a capability and process under clause 
                        (i), the provisions of this part that apply to 
                        the capability and process required by 
                        paragraph (1) apply to the capability and 
                        process developed and implemented under clause 
                        (i).
          (3) Public notice and access.--The Secretary shall ensure 
        there is public notice of, and access to, the capability and 
        process developed and implemented under paragraph (1) so that--
                  (A) any non-Federal entity may share cyber threat 
                indicators and defensive measures through the process 
                with the Federal Government; and
                  (B) all of the appropriate Federal entities receive 
                the cyber threat indicators and defensive measures in 
                real time with receipt through the process in the 
                Department consistent with the policies and procedures 
                issued under subsection (a).
          (4) Other federal entities.--The process developed and 
        implemented under paragraph (1) shall ensure that other Federal 
        entities receive in a timely manner any cyber threat indicators 
        and defensive measures shared with the Federal Government 
        through the process.
  (e) Information Shared With or Provided to Federal Government.--
          (1) No waiver of privilege or protection.--The provision of 
        cyber threat indicators and defensive measures to the Federal 
        Government under this part shall not constitute a waiver of any 
        applicable privilege or protection provided by law, including 
        trade secret protection.
          (2) Proprietary information.--Consistent with section 
        10563(c)(2) of this title and any other applicable provision of 
        law, a cyber threat indicator or defensive measure provided by 
        a non-Federal entity to the Federal Government under this part 
        shall be considered the commercial, financial, and proprietary 
        information of the non-Federal entity when so designated by the 
        originating non-Federal entity or a 3d party acting in 
        accordance with the written authorization of the originating 
        non-Federal entity.
          (3) Exemption from disclosure.--A cyber threat indicator or 
        defensive measure shared with the Federal Government under this 
        part shall be--
                  (A) deemed voluntarily shared information and exempt 
                from disclosure under section 552 of title 5 and any 
                State, tribal, or local provision of law requiring 
                disclosure of information or records; and
                  (B) withheld, without discretion, from the public 
                under section 552(b)(3)(B) of title 5 and any State, 
                tribal, or local provision of law requiring disclosure 
                of information or records.
          (4) Ex parte communications.--The provision of a cyber threat 
        indicator or defensive measure to the Federal Government under 
        this part shall not be subject to a rule of any Federal agency 
        or department or any judicial doctrine regarding ex parte 
        communications with a decision-making official.
          (5) Disclosure, retention, and use.--
                  (A) Authorized activities.--Cyber threat indicators 
                and defensive measures provided to the Federal 
                Government under this part may, consistent with 
                otherwise applicable provisions of Federal law, be 
                disclosed to, retained by, and used by any Federal 
                agency or department, component, officer, employee, or 
                agent of the Federal Government solely for--
                          (i) a cybersecurity purpose;
                          (ii) the purpose of identifying--
                                  (I) a cybersecurity threat, including 
                                the source of the cybersecurity threat; 
                                or
                                  (II) a security vulnerability;
                          (iii) the purpose of responding to, or 
                        otherwise preventing or mitigating, a specific 
                        threat of death, a specific threat of serious 
                        bodily harm, or a specific threat of serious 
                        economic harm, including a terrorist act or a 
                        use of a weapon of mass destruction;
                          (iv) the purpose of responding to, 
                        investigating, prosecuting, or otherwise 
                        preventing or mitigating, a serious threat to a 
                        minor, including sexual exploitation and 
                        threats to physical safety; or
                          (v) the purpose of preventing, investigating, 
                        disrupting, or prosecuting an offense arising 
                        out of a threat described in clause (iii) or 
                        any of the offenses listed in sections 1028 
                        through 1030 and chapters 37 and 90 of title 
                        18.
                  (B) Prohibited activities.--Cyber threat indicators 
                and defensive measures provided to the Federal 
                Government under this part shall not be disclosed to, 
                retained by, or used by any Federal agency or 
                department for any use not permitted under subparagraph 
                (A).
                  (C) Privacy and civil liberties.--Cyber threat 
                indicators and defensive measures provided to the 
                Federal Government under this part shall be retained, 
                used, and disseminated by the Federal Government--
                          (i) in accordance with the policies, 
                        procedures, and guidelines required by 
                        subsections (a) through (c);
                          (ii) in a manner that protects from 
                        unauthorized use or disclosure any cyber threat 
                        indicators that may contain--
                                  (I) personal information of a 
                                specific individual; or
                                  (II) information that identifies a 
                                specific individual; and
                          (iii) in a manner that protects the 
                        confidentiality of cyber threat indicators 
                        containing--
                                  (I) personal information of a 
                                specific individual; or
                                  (II) information that identifies a 
                                specific individual.
                  (D) Federal regulatory authority.--
                          (i) In general.--Except as provided in clause 
                        (ii), cyber threat indicators and defensive 
                        measures provided to the Federal Government 
                        under this part shall not be used by any 
                        Federal, State, tribal, or local government to 
                        regulate, including an enforcement action, the 
                        lawful activities of any non-Federal entity or 
                        any activities taken by a non-Federal entity 
                        pursuant to mandatory standards, including 
                        activities relating to monitoring, operating 
                        defensive measures, or sharing cyber threat 
                        indicators.
                          (ii) Exceptions.--
                                  (I) Regulatory authority specifically 
                                relating to prevention or mitigation of 
                                cybersecurity threats.--Cyber threat 
                                indicators and defensive measures 
                                provided to the Federal Government 
                                under this part may, consistent with 
                                Federal or State regulatory authority 
                                specifically relating to the prevention 
                                or mitigation of cybersecurity threats 
                                to information systems, inform the 
                                development or implementation of 
                                regulations relating to the information 
                                systems.
                                  (II) Procedures developed and 
                                implemented under this part.--Clause 
                                (i) shall not apply to procedures 
                                developed and implemented under this 
                                part.
Sec. 10565. Protection from liability
  (a) Monitoring of Information Systems.--No cause of action shall be 
brought in any court against any private entity, and the action shall 
be promptly dismissed, for the monitoring of an information system and 
information under section 10563(a) of this title that is conducted in 
accordance with this part.
  (b) Sharing or Receipt of Cyber Threat Indicators.--No cause of 
action shall be brought in any court against any private entity, and 
the action shall be promptly dismissed, for the sharing or receipt of a 
cyber threat indicator or defensive measure under section 10563(c) of 
this title if--
          (1) the sharing or receipt is conducted in accordance with 
        this part; and
          (2) in a case in which a cyber threat indicator or defensive 
        measure is shared with the Federal Government, the cyber threat 
        indicator or defensive measure is shared in a manner that is 
        consistent with section 10564(d)(1)(B) of this title.
  (c) Construction.--Nothing in this part shall be construed--
          (1) to create--
                  (A) a duty to share a cyber threat indicator or 
                defensive measure; or
                  (B) a duty to warn or act based on the receipt of a 
                cyber threat indicator or defensive measure; or
          (2) to undermine or limit the availability of otherwise 
        applicable common law or statutory defenses.
Sec. 10566. Oversight of Government activities
  (a) Report on Implementation.--Not later than December 18, 2016, the 
heads of the appropriate Federal entities shall jointly submit to 
Congress a detailed report concerning the implementation of this part. 
The report may include such recommendations as the heads of the 
appropriate Federal entities may have for improvements or modifications 
to the authorities, policies, procedures, and guidelines under this 
part and shall include the following:
          (1) An evaluation of the effectiveness of real-time 
        information sharing through the capability and process 
        developed under section 10564(d) of this title, including any 
        impediments to real-time sharing.
          (2) An assessment of whether cyber threat indicators or 
        defensive measures have been properly classified and an 
        accounting of the number of security clearances authorized by 
        the Federal Government for sharing cyber threat indicators or 
        defensive measures with the private sector.
          (3) The number of cyber threat indicators or defensive 
        measures received through the capability and process developed 
        under section 10564(d) of this title.
          (4) A list of Federal entities that have received cyber 
        threat indicators or defensive measures under this part.
  (b) Biennial Report on Compliance.--
          (1) When report shall be submitted.--Not later than December 
        18, 2017, and not less frequently than once every 2 years 
        thereafter, the inspectors general of the appropriate Federal 
        entities, in consultation with the Inspector General of the 
        Intelligence Community and the Council of Inspectors General on 
        Financial Oversight, shall jointly submit to Congress an 
        interagency report on the actions of the executive branch of 
        the Federal Government to carry out this part during the most 
        recent 2-year period.
          (2) Contents.--Each report shall include, for the period 
        covered by the report, the following:
                  (A) An assessment of the sufficiency of the policies, 
                procedures, and guidelines relating to the sharing of 
                cyber threat indicators in the Federal Government, 
                including those policies, procedures, and guidelines 
                relating to the removal of information not directly 
                related to a cybersecurity threat that is personal 
                information of a specific individual or information 
                that identifies a specific individual.
                  (B) An assessment of whether cyber threat indicators 
                or defensive measures have been properly classified and 
                an accounting of the number of security clearances 
                authorized by the Federal Government for the purpose of 
                sharing cyber threat indicators or defensive measures 
                with the private sector.
                  (C) A review of the actions taken by the Federal 
                Government based on cyber threat indicators or 
                defensive measures shared with the Federal Government 
                under this part, including a review of the following:
                          (i) The appropriateness of subsequent uses 
                        and disseminations of cyber threat indicators 
                        or defensive measures.
                          (ii) Whether cyber threat indicators or 
                        defensive measures were shared in a timely and 
                        adequate manner with appropriate entities, or, 
                        if appropriate, were made publicly available.
                  (D) An assessment of the cyber threat indicators or 
                defensive measures shared with the appropriate Federal 
                entities under this part, including the following:
                          (i) The number of cyber threat indicators or 
                        defensive measures shared through the 
                        capability and process developed under section 
                        10564(d) of this title.
                          (ii) An assessment of any information not 
                        directly related to a cybersecurity threat that 
                        is personal information of a specific 
                        individual or information identifying a 
                        specific individual and was shared by a non-
                        Federal government entity with the Federal 
                        Government in contravention of this part, or 
                        was shared in the Federal Government in 
                        contravention of the guidelines required by 
                        this part, including a description of any 
                        significant violation of this part.
                          (iii) The number of times, according to the 
                        Attorney General, that information shared under 
                        this part was used by a Federal entity to 
                        prosecute an offense listed in section 
                        10564(e)(5)(A) of this title.
                          (iv) A quantitative and qualitative 
                        assessment of the effect of the sharing of 
                        cyber threat indicators or defensive measures 
                        with the Federal Government on the privacy and 
                        civil liberties of specific individuals, 
                        including the number of notices that were 
                        issued with respect to a failure to remove 
                        information not directly related to a 
                        cybersecurity threat that was personal 
                        information of a specific individual or 
                        information that identified a specific 
                        individual in accordance with the procedures 
                        required by section 10564(c)(2)(E) of this 
                        title.
                          (v) The adequacy of any steps taken by the 
                        Federal Government to reduce any adverse effect 
                        from activities carried out under this part on 
                        the privacy and civil liberties of United 
                        States persons.
                  (E) An assessment of the sharing of cyber threat 
                indicators or defensive measures among Federal entities 
                to identify inappropriate barriers to sharing 
                information.
          (3) Recommendations.--Each report may include such 
        recommendations as the inspectors general may have for 
        improvements or modifications to the authorities and processes 
        under this part.
  (c) Independent Report on Removal of Personal Information.--Not later 
than December 18, 2018, the Comptroller General shall submit to 
Congress a report on the actions taken by the Federal Government to 
remove personal information from cyber threat indicators or defensive 
measures pursuant to this part. The report shall include an assessment 
of the sufficiency of the policies, procedures, and guidelines 
established under this part in addressing concerns relating to privacy 
and civil liberties.
  (d) Form of Reports.--Each report required under this section shall 
be submitted in an unclassified form, but may include a classified 
annex.
  (e) Public Availability of Reports.--The unclassified portions of the 
reports required under this section shall be made available to the 
public.
Sec. 10567. Report on cybersecurity threats
  (a) Definition of Intelligence Community.--In this section, the term 
``intelligence community'' has the meaning given that term in section 3 
of the National Security Act of 1947 (50 U.S.C. 3003).
  (b) When Report Shall Be Submitted.--Not later than 180 days after 
December 18, 2015, the Director of National Intelligence, in 
coordination with the heads of other appropriate elements of the 
intelligence community, shall submit to the Select Committee on 
Intelligence of the Senate and the Permanent Select Committee on 
Intelligence of the House of Representatives a report on cybersecurity 
threats, including cyberattacks, theft, and data breaches.
  (c) Contents.--The report shall include the following:
          (1) An assessment of the current intelligence sharing and 
        cooperation relationships of the United States with other 
        countries regarding cybersecurity threats, including 
        cyberattacks, theft, and data breaches, directed against the 
        United States that threaten the United States' national 
        security interests, economy, and intellectual property, 
        specifically identifying the relative utility of the 
        relationships, which elements of the intelligence community 
        participate in the relationships, and whether and how the 
        relationships could be improved.
          (2) A list and an assessment of the countries and nonstate 
        actors that are the primary threats of carrying out a 
        cybersecurity threat, including a cyberattack, theft, or data 
        breach, against the United States that threatens the United 
        States' national security, economy, and intellectual property.
          (3) A description of the extent to which the capabilities of 
        the United States Government to respond to or prevent 
        cybersecurity threats, including cyberattacks, theft, or data 
        breaches, directed against the United States private sector are 
        degraded by a delay in the prompt notification by private 
        entities of those threats or cyberattacks, theft, and data 
        breaches.
          (4) An assessment of additional technologies or capabilities 
        that would enhance the ability of the United States to prevent 
        and to respond to cybersecurity threats, including 
        cyberattacks, theft, and data breaches.
          (5) An assessment of any technologies or practices utilized 
        by the private sector that could be rapidly fielded to assist 
        the intelligence community in preventing and responding to 
        cybersecurity threats.
  (d) Form of Report.--The report required by subsection (b) shall be 
made available in classified and unclassified forms.
Sec. 10568. Exception to limitation on authority of Secretary of 
                    Defense to disseminate information
  Notwithstanding section 393(c)(3) of title 10, the Secretary of 
Defense may authorize the sharing of cyber threat indicators and 
defensive measures pursuant to the policies, procedures, and guidelines 
developed or issued under this part.
Sec. 10569. Construction and preemption
  (a) Otherwise Lawful Disclosures.--Nothing in this part shall be 
construed--
          (1) to limit or prohibit otherwise lawful disclosures of 
        communications, records, or other information, including 
        reporting of known or suspected criminal activity, by a non-
        Federal entity to any other non-Federal entity or the Federal 
        Government under this part; or
          (2) to limit or prohibit otherwise lawful use of the 
        disclosures by any Federal entity, even when the otherwise 
        lawful disclosures duplicate or replicate disclosures made 
        under this part.
  (b) Whistle Blower Protections.--Nothing in this part shall be 
construed to prohibit or limit the disclosure of information protected 
under section 2302(b)(8) or 7211 of title 5, section 1034 of title 10, 
section 1104 of the National Security Act of 1947 (50 U.S.C. 3234), or 
any similar provision of Federal or State law.
  (c) Protection of Sources and Methods.--Nothing in this part shall be 
construed--
          (1) as creating any immunity against, or otherwise affecting, 
        any action brought by the Federal Government, or any agency or 
        department of the Government, to enforce any law, executive 
        order, or procedure governing the appropriate handling, 
        disclosure, or use of classified information;
          (2) to affect the conduct of authorized law enforcement or 
        intelligence activities; or
          (3) to modify the authority of a department or agency of the 
        Federal Government to protect classified information and 
        sources and methods and the national security of the United 
        States.
  (d) Relationship to Other Laws.--Nothing in this part shall be 
construed to affect any requirement under any other provision of law 
for a non-Federal entity to provide information to the Federal 
Government.
  (e) Prohibited Conduct.--Nothing in this part shall be construed to 
permit price-fixing, allocating a market between competitors, 
monopolizing or attempting to monopolize a market, boycotting, or 
exchanging price or cost information, customer lists, or information 
regarding future competitive planning.
  (f) Information Sharing Relationships.--Nothing in this part shall be 
construed--
          (1) to limit or modify an existing information sharing 
        relationship;
          (2) to prohibit a new information sharing relationship;
          (3) to require a new information sharing relationship between 
        any non-Federal entity and a Federal entity or another non-
        Federal entity; or
          (4) to require the use of the capability and process in the 
        Department developed under section 10564(d) of this title.
  (g) Preservation of Contractual Obligations and Rights.--Nothing in 
this part shall be construed--
          (1) to amend, repeal, or supersede any current or future 
        contractual agreement, terms of service agreement, or other 
        contractual relationship between non-Federal entities, or 
        between a non-Federal entity and a Federal entity; or
          (2) to abrogate trade secret or intellectual property rights 
        of a non-Federal entity or Federal entity.
  (h) Anti-Tasking Restriction.--Nothing in this part shall be 
construed to permit a Federal entity--
          (1) to require a non-Federal entity to provide information to 
        a Federal entity or another non-Federal entity;
          (2) to condition the sharing of cyber threat indicators with 
        a non-Federal entity on the entity's provision of cyber threat 
        indicators to a Federal entity or another non-Federal entity; 
        or
          (3) to condition the award of a Federal grant, contract, or 
        purchase on the provision of a cyber threat indicator to a 
        Federal entity or another non-Federal entity.
  (i) No Liability for Non-Participation.--Nothing in this part shall 
be construed to subject any entity to liability for choosing not to 
engage in the voluntary activities authorized in this part.
  (j) Use and Retention of Information.--Nothing in this part shall be 
construed to authorize, or to modify any existing authority of, a 
department or agency of the Federal Government to retain or use any 
information shared under this part for any use other than permitted in 
this part.
  (k) Federal Preemption.--
          (1) In general.--This part supersedes any statute or other 
        provision of law of a State or political subdivision of a State 
        that restricts or otherwise expressly regulates an activity 
        authorized under this part.
          (2) State law enforcement.--Nothing in this part shall be 
        construed to supersede any statute or other provision of law of 
        a State or political subdivision of a State concerning the use 
        of authorized law enforcement practices and procedures.
  (l) Regulatory Authority.--Nothing in this part shall be construed--
          (1) to authorize the prescribing of any regulations not 
        specifically authorized to be issued under this part;
          (2) to establish or limit any regulatory authority not 
        specifically established or limited under this part; or
          (3) to authorize regulatory actions that would duplicate or 
        conflict with regulatory requirements, mandatory standards, or 
        related processes under another provision of Federal law.
  (m) Authority of Secretary of Defense To Respond to Malicious Cyber 
Activity Carried Out by Foreign Powers.--Nothing in this part shall be 
construed to limit the authority of the Secretary of Defense under 
section 130g of title 10.
  (n) Disclosure in Criminal Prosecution.--Nothing in this part shall 
be construed to prevent the disclosure of a cyber threat indicator or 
defensive measure shared under this part in a criminal prosecution when 
an applicable provision of Federal, State, tribal, or local law 
requires disclosure in the case.
Sec. 10570. Effective period
  (a) In General.--Except as provided in subsection (b), this part and 
the amendments made by the Cybersecurity Information Sharing Act of 
2015 (Public Law 114-113, div. N, title I, 129 Stat. 2936) are 
effective during the period ending on September 30, 2025.
  (b) Exception.--With respect to any action authorized by this part or 
information obtained pursuant to an action authorized by this part that 
occurs before the date on which the provisions referred to in 
subsection (a) cease to have effect, the provisions of this part shall 
continue in effect.

               Part C--Federal Cybersecurity Enhancement

Sec. 10581. Definitions
  In this part:
          (1) Agency.--The term ``agency'' has the meaning given the 
        term in section 3502 of title 44.
          (2) Agency information system.-The term ``agency information 
        system'' has the meaning given the term in section 10546 of 
        this title.
          (3) Appropriate congressional committees.--The term 
        ``appropriate congressional committees'' means--
                  (A) the Committee on Homeland Security and 
                Governmental Affairs of the Senate; and
                  (B) the Committee on Homeland Security of the House 
                of Representatives.
          (4) Cybersecurity risk.--The term ``cybersecurity risk'' has 
        the meaning given the term in section 10545 of this title.
          (5) Director.--The term ``Director'' means the Director of 
        the Office of Management and Budget.
          (6) Information system.--The term ``information system'' has 
        the meaning given the term in section 10545 of this title.
          (7) Intelligence community.--The term ``intelligence 
        community'' has the meaning given the term in section 3 of the 
        National Security Act of 1947 (50 U.S.C. 3003).
          (8) National security system.--The term ``national security 
        system'' has the meaning given the term in section 11103 of 
        title 40.
Sec. 10582. Advanced internal defenses
  (a) Advanced Network Security Tools.--
          (1) In general.--The Secretary shall include, in the efforts 
        of the Department to continuously diagnose and mitigate 
        cybersecurity risks, advanced network security tools to improve 
        visibility of network activity, including through the use of 
        commercial and free or open source tools, and to detect and 
        mitigate intrusions and anomalous activity.
          (2) Development of plan.--The Director shall develop, and the 
        Secretary shall implement, a plan to ensure that each agency 
        utilizes advanced network security tools, including those 
        described in paragraph (1), to detect and mitigate intrusions 
        and anomalous activity.
  (b) Prioritizing Advanced Security Tools.--The Director and the 
Secretary, in consultation with appropriate agencies, shall--
          (1) review and update Government-wide policies and programs 
        to ensure appropriate prioritization and use of network 
        security monitoring tools in agency networks; and
          (2) brief appropriate congressional committees on the 
        prioritization and use.
  (c) Improved Metrics.--The Secretary, in collaboration with the 
Director, shall review and update the metrics used to measure security 
under section 3554 of title 44 to include measures of intrusion and 
incident detection and response times.
  (d) Transparency and Accountability.--The Director, in consultation 
with the Secretary, shall increase transparency to the public on agency 
cybersecurity posture, including by increasing the number of metrics 
available on Federal Government performance websites and, to the 
greatest extent practicable, displaying metrics for department 
components, small agencies, and micro-agencies.
  (e) Exception.--The requirements under this section shall not apply 
to the Department of Defense, a national security system, or an element 
of the intelligence community.
Sec. 10583. Federal cybersecurity requirements
  (a) Implementation of Federal Cybersecurity Standards.--Consistent 
with section 3553 of title 44, the Secretary, in consultation with the 
Director, shall exercise the authority to issue binding operational 
directives to assist the Director in ensuring timely agency adoption 
of, and compliance with, policies and standards promulgated under 
section 11331 of title 40 for securing agency information systems.
  (b) Cybersecurity Requirements at Agencies.--
          (1) In general.--Consistent with policies, standards, 
        guidelines, and directives on information security under 
        subchapter II of chapter 35 of title 44 and the standards and 
        guidelines promulgated under section 11331 of title 40 and 
        except as provided in paragraph (2), not later than December 
        18, 2016, the head of each agency shall--
                  (A) identify sensitive and mission critical data 
                stored by the agency consistent with the inventory 
                required under the first subsection (c) (relating to 
                the inventory of major information systems) and the 
                second subsection (c) (relating to the inventory of 
                information systems) of section 3505 of title 44;
                  (B) assess access controls to the data described in 
                subparagraph (A), the need for readily accessible 
                storage of the data, and individuals' need to access 
                the data;
                  (C) encrypt or otherwise render indecipherable to 
                unauthorized users the data described in subparagraph 
                (A) that is stored on or transiting agency information 
                systems;
                  (D) implement a single sign-on trusted identity 
                platform for individuals accessing each public website 
                of the agency that requires user authentication, as 
                developed by the Administrator of General Services in 
                collaboration with the Secretary; and
                  (E) implement identity management consistent with 
                section 504 of the Cybersecurity Enhancement Act of 
                2014 (15 U.S.C. 7464), including multi-factor 
                authentication, for--
                          (i) remote access to an agency information 
                        system; and
                          (ii) each user account with elevated 
                        privileges on an agency information system.
          (2) Exception.--The requirements under paragraph (1) shall 
        not apply to an agency information system for which--
                  (A) the head of the agency has personally certified 
                to the Director with particularity that--
                          (i) operational requirements articulated in 
                        the certification and related to the agency 
                        information system would make it excessively 
                        burdensome to implement the cybersecurity 
                        requirement;
                          (ii) the cybersecurity requirement is not 
                        necessary to secure the agency information 
                        system or agency information stored on or 
                        transiting it; and
                          (iii) the agency has taken all necessary 
                        steps to secure the agency information system 
                        and agency information stored on or transiting 
                        it; and
                  (B) the head of the agency or the designee of the 
                head of the agency has submitted the certification 
                described in subparagraph (A) to the appropriate 
                congressional committees and the agency's authorizing 
                committees.
          (3) Construction.--
                  (A) Authority of officials not altered.--Nothing in 
                this section shall be construed to alter the authority 
                of the Secretary, the Director, or the Director of the 
                National Institute of Standards and Technology in 
                implementing subchapter II of chapter 35 of title 44.
                  (B) Development of technology, standards, policies, 
                and guidelines not affected.--Nothing in this section 
                shall be construed to affect the National Institute of 
                Standards and Technology standards process or the 
                requirement under section 3553(a)(4) of title 44 or to 
                discourage continued improvements and advancements in 
                the technology, standards, policies, and guidelines 
                used to promote Federal information security.
  (c) Exception.--The requirements under this section do not apply to 
the Department of Defense, a national security system, or an element of 
the intelligence community.
Sec. 10584. Assessment; reports
  (a) Definitions.--In this section:
          (1) Agency information.--The term ``agency information'' has 
        the meaning given the term in section 10549 of this title.
          (2) Cyber threat indicator; defensive measure.--The terms 
        ``cyber threat indicator'' and ``defensive measure'' have the 
        meanings given the terms in section 10561 of this title.
          (3) Intrusion assessments.--The term ``intrusion 
        assessments'' means actions taken under the intrusion 
        assessment plan to identify and remove intruders in agency 
        information systems.
          (4) Intrusion assessment plan.--The term ``intrusion 
        assessment plan'' means the plan required under section 
        10546(b) of this title.
          (5) Intrusion detection and prevention capabilities.--The 
        term ``intrusion detection and prevention capabilities'' means 
        the capabilities required under section 10549(b) of this title.
  (b) Third-Party Assessment.--Not later than December 18, 2018, the 
Comptroller General shall conduct a study and publish a report on the 
effectiveness of the approach and strategy of the Federal Government to 
securing agency information systems, including the intrusion detection 
and prevention capabilities and the intrusion assessment plan.
  (c) Reports to Congress.--
          (1) Intrusion detection and prevention capabilities.--
                  (A) Secretary.--The Secretary not later than June 18 
                each year shall submit to the appropriate congressional 
                committees a report on the status of the implementation 
                of the intrusion detection and prevention capabilities, 
                including--
                          (i) a description of privacy controls;
                          (ii) a description of the technologies and 
                        capabilities utilized to detect cybersecurity 
                        risks in network traffic, including the extent 
                        to which those technologies and capabilities 
                        include existing commercial and noncommercial 
                        technologies;
                          (iii) a description of the technologies and 
                        capabilities utilized to prevent network 
                        traffic associated with cybersecurity risks 
                        from transiting or traveling to or from agency 
                        information systems, including the extent to 
                        which those technologies and capabilities 
                        include existing commercial and noncommercial 
                        technologies;
                          (iv) a list of the types of indicators or 
                        other identifiers or techniques used to detect 
                        cybersecurity risks in network traffic 
                        transiting or traveling to or from agency 
                        information systems on each iteration of the 
                        intrusion detection and prevention 
                        capabilities, and the number of each type of 
                        indicator, identifier, and technique;
                          (v) the number of instances in which the 
                        intrusion detection and prevention capabilities 
                        detected a cybersecurity risk in network 
                        traffic transiting or traveling to or from 
                        agency information systems and the number of 
                        times the intrusion detection and prevention 
                        capabilities blocked network traffic associated 
                        with cybersecurity risk; and
                          (vi) a description of the pilot established 
                        under section 10549(c)(5) of this title, 
                        including the number of new technologies tested 
                        and the number of participating agencies.
                  (B) Director.--Not later than June 18, 2017, and 
                annually thereafter, the Director shall submit to 
                Congress, as part of the report required under section 
                3553(c) of title 44, an analysis of agency application 
                of the intrusion detection and prevention capabilities, 
                including--
                          (i) a list of each agency and the degree to 
                        which each agency has applied the intrusion 
                        detection and prevention capabilities to an 
                        agency information system; and
                          (ii) a list by agency of--
                                  (I) the number of instances in which 
                                the intrusion detection and prevention 
                                capabilities detected a cybersecurity 
                                risk in network traffic transiting or 
                                traveling to or from an agency 
                                information system and the types of 
                                indicators, identifiers, and techniques 
                                used to detect the cybersecurity risks; 
                                and
                                  (II) the number of instances in which 
                                the intrusion detection and prevention 
                                capabilities prevented network traffic 
                                associated with a cybersecurity risk 
                                from transiting or traveling to or from 
                                an agency information system and the 
                                types of indicators, identifiers, and 
                                techniques used to detect the agency 
                                information systems.
                  (C) Chief information officer.--Not earlier than June 
                18, 2017, and not later than December 18, 2017, the 
                Federal Chief Information Officer shall review and 
                submit to the appropriate congressional committees a 
                report assessing the intrusion detection and intrusion 
                prevention capabilities, including--
                          (i) the effectiveness of the system in 
                        detecting, disrupting, and preventing cyber-
                        threat actors, including advanced persistent 
                        threats, from accessing agency information and 
                        agency information systems;
                          (ii) whether the intrusion detection and 
                        prevention capabilities, continuous diagnostics 
                        and mitigation, and other systems deployed 
                        under subtitle C of title II of the Homeland 
                        Security Act of 2002 (Public Law 107-296, 116 
                        Stat. 2155) are effective in securing Federal 
                        information systems;
                          (iii) the costs and benefits of the intrusion 
                        detection and prevention capabilities, 
                        including as compared to commercial 
                        technologies and tools and including the value 
                        of classified cyber threat indicators; and
                          (iv) the capability of agencies to protect 
                        sensitive cyber threat indicators and defensive 
                        measures if they were shared through 
                        unclassified mechanisms for use in commercial 
                        technologies and tools.
          (2) Development and implementation of intrusion assessment 
        plan, advanced internal defenses, and federal cybersecurity 
        requirements.--The Director--
                  (A) 30 days after any update to the intrusion 
                assessment plan, shall submit the intrusion assessment 
                plan to the appropriate congressional committees;
                  (B) not later than December 18, 2016, and annually 
                thereafter, shall submit to Congress, as part of the 
                report required under section 3553(c) of title 44--
                          (i) a description of the implementation of 
                        the intrusion assessment plan;
                          (ii) the findings of the intrusion 
                        assessments conducted pursuant to the intrusion 
                        assessment plan;
                          (iii) a description of the advanced network 
                        security tools included in the efforts to 
                        continuously diagnose and mitigate 
                        cybersecurity risks pursuant to section 
                        10582(a)(1) of this title; and
                          (iv) a list by agency of compliance with the 
                        requirements of section 10583(b) of this title; 
                        and
                  (C) not later than December 18, 2016, submit to the 
                appropriate congressional committees--
                          (i) a copy of the plan developed pursuant to 
                        section 10582(a)(2) of this title; and
                          (ii) the improved metrics developed pursuant 
                        to section 10582(c) of this title.
          (3) Termination.--The requirements under this subsection 
        terminate on December 18, 2022.
  (d) Form.--Each report required under this section shall be submitted 
in unclassified form, but may include a classified annex.

                      Part D--Other Cyber Matters

Sec. 10591. Apprehension and prosecution of international cyber 
                    criminals
  (a) Definition of International Cyber Criminal.--In this section, the 
term ``international cyber criminal'' means an individual--
          (1) who is believed to have committed a cybercrime or 
        intellectual property crime against the interests of the United 
        States or the citizens of the United States; and
          (2) for whom--
                  (A) an arrest warrant has been issued by a judge in 
                the United States; or
                  (B) an international wanted notice (commonly referred 
                to as a ``Red Notice'') has been circulated by 
                Interpol.
  (b) Consultations for Noncooperation.--The Secretary of State shall 
consult with the appropriate government official of each country from 
which extradition is not likely due to the lack of an extradition 
treaty with the United States or other reasons, in which 1 or more 
international cyber criminals are physically present, to determine what 
actions the government of the country has taken--
          (1) to apprehend and prosecute the criminals; and
          (2) to prevent the criminals from carrying out cybercrimes or 
        intellectual property crimes against the interests of the 
        United States or its citizens.
  (c) Annual Report.--
          (1) Definition of appropriate congressional committees.--For 
        purposes of this subsection, the term ``appropriate 
        congressional committees'' means--
                  (A) the Committee on Foreign Relations, the Committee 
                on Appropriations, the Committee on Homeland Security 
                and Governmental Affairs, the Committee on Banking, 
                Housing, and Urban Affairs, the Select Committee on 
                Intelligence, and the Committee on the Judiciary of the 
                Senate; and
                  (B) the Committee on Foreign Affairs, the Committee 
                on Appropriations, the Committee on Homeland Security, 
                the Committee on Financial Services, the Permanent 
                Select Committee on Intelligence, and the Committee on 
                the Judiciary of the House of Representatives.
          (2) Contents.--The Secretary of State shall submit to the 
        appropriate congressional committees an annual report that 
        includes--
                  (A) the number of international cyber criminals 
                located in other countries, disaggregated by country, 
                and indicating from which countries extradition is not 
                likely due to the lack of an extradition treaty with 
                the United States or other reasons;
                  (B) the nature and number of significant discussions 
                by an official of the Department of State on ways to 
                thwart or prosecute international cyber criminals with 
                an official of another country, including the name of 
                each country; and
                  (C) for each international cyber criminal who was 
                extradited to the United States during the most 
                recently completed calendar year--
                          (i) his or her name;
                          (ii) the crimes for which he or she was 
                        charged;
                          (iii) his or her previous country of 
                        residence; and
                          (iv) the country from which he or she was 
                        extradited to the United States.
          (3) Form.--The report shall be in unclassified form to the 
        maximum extent possible, but may include a classified annex.
Sec. 10592. Enhancement of emergency services
  (a) Collection of Data.--The Secretary, acting through the National 
Cybersecurity and Communications Integration Center, in coordination 
with appropriate Federal entities and the Director for Emergency 
Communications, shall establish a process by which a Statewide 
Interoperability Coordinator may report data on any cybersecurity risk 
or incident involving any information system or network used by 
emergency response providers in that State.
  (b) Analysis of Data.--Not later than December 18, 2016, the 
Secretary, acting through the Director of the National Cybersecurity 
and Communications Integration Center, in coordination with appropriate 
entities and the Director for Emergency Communications, and in 
consultation with the Secretary of Commerce, acting through the 
Director of the National Institute of Standards and Technology, shall 
conduct integration and analysis of the data reported under subsection 
(a) to develop information and recommendations on security and 
resilience measures for any information system or network used by State 
emergency response providers.
  (c) Best Practices.--
          (1) In general.--Using the results of the integration and 
        analysis conducted under subsection (b), and any other relevant 
        information, the Director of the National Institute of 
        Standards and Technology shall, on an ongoing basis, facilitate 
        and support the development of methods for reducing 
        cybersecurity risks to emergency response providers using the 
        process described in section 2(e) of the National Institute of 
        Standards and Technology Act (15 U.S.C. 272(e)).
          (2) Report.--The Director of the National Institute of 
        Standards and Technology shall submit to Congress a report on 
        the result of the activities of the Director under paragraph 
        (1), including any methods developed by the Director under 
        paragraph (1), and shall make the report publicly available on 
        the website of the National Institute of Standards and 
        Technology.
  (d) Rule of Construction.--Nothing in this section shall be construed 
to--
          (1) require a State to report data under subsection (a); or
          (2) require a non-Federal entity (as defined in section 10561 
        of this title) to--
                  (A) adopt a recommended measure developed under 
                subsection (b); or
                  (B) follow the result of the activities carried out 
                under subsection (c), including any methods developed 
                under subsection (c).
Sec. 10593. Improving cybersecurity in the health care industry
  (a) Definitions.--In this section:
          (1) Appropriate congressional committees.--The term 
        ``appropriate congressional committees'' means--
                  (A) the Committee on Health, Education, Labor, and 
                Pensions, the Committee on Homeland Security and 
                Governmental Affairs, and the Select Committee on 
                Intelligence of the Senate; and
                  (B) the Committee on Energy and Commerce, the 
                Committee on Homeland Security, and the Permanent 
                Select Committee on Intelligence of the House of 
                Representatives.
          (2) Business associate.--The term ``business associate'' has 
        the meaning given the term in section 160.103 of title 45, Code 
        of Federal Regulations (as in effect on December 17, 2015).
          (3) Covered entity.--The term ``covered entity'' has the 
        meaning given the term in section 160.103 of title 45, Code of 
        Federal Regulations (as in effect on December 17, 2015).
          (4) Cybersecurity threat; cyber threat indicator; defensive 
        measure; federal entity.--The terms ``cybersecurity threat'', 
        ``cyber threat indicator'', ``defensive measure'', and 
        ``Federal entity'' have the meanings given the terms in section 
        10561 of this title.
          (5) Health care clearinghouse; health care provider; health 
        plan.--The terms ``health care clearinghouse'', ``health care 
        provider'', and ``health plan'' have the meanings given the 
        terms in section 160.103 of title 45, Code of Federal 
        Regulations (as in effect on December 17, 2015).
          (6) Health care industry stakeholder.--The term ``health care 
        industry stakeholder'' means any--
                  (A) health plan, health care clearinghouse, or health 
                care provider;
                  (B) advocate for patients or consumers;
                  (C) pharmacist;
                  (D) developer or vendor of health information 
                technology;
                  (E) laboratory;
                  (F) pharmaceutical or medical device manufacturer; or
                  (G) additional stakeholder the Secretary determines 
                necessary for purposes of subsection (b)(1), (c)(1), 
                (c)(3), or (d)(1).
          (7) Non-federal entity; private entity.--The terms ``non-
        Federal entity'' and ``private entity'' have the meanings given 
        the terms in section 10561 of this title.
  (b) Report.--
          (1) In general.--Not later than December 18, 2016, the 
        Secretary of Health and Human Services shall submit to the 
        Committee on Health, Education, Labor, and Pensions of the 
        Senate and the Committee on Energy and Commerce of the House of 
        Representatives a report on the preparedness of the Department 
        of Health and Human Services and health care industry 
        stakeholders in responding to cybersecurity threats.
          (2) Contents of report.--With respect to the internal 
        response of the Department of Health and Human Services to 
        emerging cybersecurity threats, the report under paragraph (1) 
        shall include--
                  (A) a clear statement of the official in the 
                Department of Health and Human Services to be 
                responsible for leading and coordinating efforts of the 
                Department of Health and Human Services regarding 
                cybersecurity threats in the health care industry; and
                  (B) a plan from each relevant operating division and 
                subdivision of the Department of Health and Human 
                Services on how the division or subdivision will 
                address cybersecurity threats in the health care 
                industry, including a clear delineation of how each the 
                division or subdivision will divide responsibility 
                among the personnel of the division or subdivision and 
                communicate with other divisions and subdivisions 
                regarding efforts to address the threats.
  (c) Health Care Industry Cybersecurity Task Force.--
          (1) In general.--The Secretary of Health and Human Services, 
        in consultation with the Director of the National Institute of 
        Standards and Technology and the Secretary of Homeland 
        Security, shall convene health care industry stakeholders, 
        cybersecurity experts, and any Federal agencies or entities the 
        Secretary of Health and Human Services determines appropriate 
        to establish a task force to--
                  (A) analyze how industries, other than the health 
                care industry, have implemented strategies and 
                safeguards for addressing cybersecurity threats in 
                their respective industries;
                  (B) analyze challenges and barriers private entities 
                (excluding any State, tribal, or local government) in 
                the health care industry face securing themselves 
                against cyberattacks;
                  (C) review challenges that covered entities and 
                business associates face in securing networked medical 
                devices and other software or systems that connect to 
                an electronic health record;
                  (D) provide the Secretary of Health and Human 
                Services with information to disseminate to health care 
                industry stakeholders of all sizes for purposes of 
                improving their preparedness for, and response to, 
                cybersecurity threats affecting the health care 
                industry;
                  (E) establish a plan for implementing part B of this 
                subchapter, so that the Federal Government and health 
                care industry stakeholders may in real time, share 
                actionable cyber threat indicators and defensive 
                measures; and
                  (F) report to the appropriate congressional 
                committees on the findings and recommendations of the 
                task force regarding carrying out subparagraphs (A) 
                through (E).
          (2) Termination.--The task force established under this 
        subsection shall terminate 1 year after the date on which the 
        task force is established.
          (3) Dissemination.--Not later than 60 days after the 
        termination of the task force established under this 
        subsection, the Secretary of Health and Human Services shall 
        disseminate the information described in paragraph (1)(D) to 
        health care industry stakeholders in accordance with paragraph 
        (1)(D).
  (d) Aligning Health Care Industry Security Approaches.--
          (1) In general.--The Secretary of Health and Human Services 
        shall establish, through a collaborative process with the 
        Secretary of Homeland Security, health care industry 
        stakeholders, the Director of the National Institute of 
        Standards and Technology, and any Federal entity or non-Federal 
        entity the Secretary of Health and Human Services determines 
        appropriate, a common set of voluntary, consensus-based, and 
        industry-led guidelines, best practices, methodologies, 
        procedures, and processes that--
                  (A) serve as a resource for cost-effectively reducing 
                cybersecurity risks for a range of health care 
                organizations;
                  (B) support voluntary adoption and implementation 
                efforts to improve safeguards to address cybersecurity 
                threats;
                  (C) are consistent with--
                          (i) the standards, guidelines, best 
                        practices, methodologies, procedures, and 
                        processes developed under section 2(c)(15) of 
                        the National Institute of Standards and 
                        Technology Act (15 U.S.C. 272(c)(15));
                          (ii) the security and privacy regulations 
                        promulgated under section 264(c) of the Health 
                        Insurance Portability and Accountability Act of 
                        1996 (42 U.S.C. 1320d-2 note); and
                          (iii) the provisions of the Health 
                        Information Technology for Economic and 
                        Clinical Health Act (Public Law 111-5, div. A, 
                        title XIII, div. B, title IV, 123 Stat. 226, 
                        467), and the amendments made by the Act; and
                  (D) are updated on a regular basis and applicable to 
                a range of health care organizations.
          (2) Limitation.--Nothing in this subsection shall be 
        interpreted as granting the Secretary of Health and Human 
        Services authority to--
                  (A) provide for audits to ensure that health care 
                organizations are in compliance with this subsection; 
                or
                  (B) mandate, direct, or condition the award of any 
                Federal grant, contract, or purchase, on compliance 
                with this subsection.
          (3) No liability for nonparticipation.--Nothing in this 
        section shall be construed to subject a health care industry 
        stakeholder to liability for choosing not to engage in the 
        voluntary activities authorized, or guidelines developed, under 
        this subsection.
  (e) Incorporating Ongoing Activities.--In carrying out the activities 
under this section, the Secretary of Health and Human Services may 
incorporate activities that are ongoing as of December 17, 2015, and 
that are consistent with the objectives of this section.
  (f) Rule of Construction.--Nothing in this section shall be construed 
to limit the antitrust exemption under section 10563(e) of this title 
or the protection from liability under section 10565 of this title.

    Subchapter IV--Supporting Anti-Terrorism by Fostering Effective 
                              Technologies

Sec. 10621. Definitions
  In this subchapter:
          (1) Act of terrorism.--The term ``act of terrorism'' means an 
        act that the Secretary determines meets all of the following 
        requirements, as the requirements are further defined and 
        specified by the Secretary:
                  (A) The act is unlawful.
                  (B) The act causes harm to a person, property, or 
                entity, in the United States, or in the case of a 
                domestic United States air carrier or a United States-
                flag vessel (or a vessel based principally in the 
                United States on which United States income tax is paid 
                and whose insurance coverage is subject to regulation 
                in the United States), in or outside the United States.
                  (C) The act uses or attempts to use 
                instrumentalities, weapons, or other methods designed 
                or intended to cause mass destruction, injury, or other 
                loss to citizens or institutions of the United States.
          (2) Insurance carrier.--The term ``insurance carrier'' means 
        a corporation, association, society, order, firm, company, 
        mutual, partnership, individual aggregation of individuals, or 
        another legal entity that provides commercial property and 
        casualty insurance, including an affiliate of a commercial 
        insurance carrier.
          (3) Liability insurance.--The term ``liability insurance'' 
        means insurance for legal liabilities incurred by the insured 
        resulting from--
                  (A) loss of, or damage to, property of others;
                  (B) ensuing loss of income or extra expense incurred 
                because of loss of, or damage to, property of others;
                  (C) bodily injury, including to persons other than 
                the insured or its employees; or
                  (D) loss resulting from debt or default of another.
          (4) Loss.--The term ``loss'' means death, bodily injury, or 
        loss of, or damage to, property, including business 
        interruption loss.
          (5) Non-federal government customers.--The term ``non-Federal 
        Government customers'' means a customer of a Seller that is not 
        an agency or instrumentality of the United States Government 
        with authority under Public Law 85-804 (50 U.S.C. 1431 et seq.) 
        to provide for indemnification under certain circumstances for 
        third-party claims against its contractors, including State and 
        local authorities and commercial entities.
          (6) Qualified anti-terrorism technology.--The term 
        ``qualified anti-terrorism technology'' means a product, 
        equipment, service (including support services), device, or 
        technology (including information technology) designed, 
        developed, modified, or procured for the specific purpose of 
        preventing, detecting, identifying, or deterring acts of 
        terrorism or limiting the harm the acts might otherwise cause, 
        that is designated as such by the Secretary.
          (7) Seller.--The term ``Seller'' means a person or entity 
        that sells or otherwise provides a qualified anti-terrorism 
        technology to Federal and non-Federal Government customers.
Sec. 10622. Administration
  (a) In General.--The Secretary is responsible for the administration 
of this subchapter.
  (b) Designation of Qualified Anti-Terrorism Technologies.--The 
Secretary may designate anti-terrorism technologies that qualify for 
protection under the system of risk management set forth in this 
subchapter in accordance with criteria that shall include the 
following:
          (1) Prior United States Government use or demonstrated 
        substantial utility and effectiveness.
          (2) Availability of the technology for immediate deployment 
        in public and private settings.
          (3) Existence of extraordinarily large or extraordinarily 
        unquantifiable potential third party liability risk exposure to 
        the Seller or other provider of the anti-terrorism technology.
          (4) Substantial likelihood that the anti-terrorism technology 
        will not be deployed unless protections under the system of 
        risk management provided under this subchapter are extended.
          (5) Magnitude of risk exposure to the public if the anti-
        terrorism technology is not deployed.
          (6) Evaluation of all scientific studies that can be feasibly 
        conducted in order to assess the capability of the technology 
        to substantially reduce risks of harm.
          (7) Anti-terrorism technology that would be effective in 
        facilitating the defense against acts of terrorism, including 
        technologies that prevent, defeat, or respond to the acts.
  (c) Regulations.--The Secretary may issue regulations, after notice 
and comment under section 553 of title 5, necessary to carry out this 
subchapter.
Sec. 10623. Litigation management
  (a) Federal Cause of Action.--
          (1) In general.--There shall exist a Federal cause of action 
        for claims arising out of, relating to, or resulting from, an 
        act of terrorism when qualified anti-terrorism technologies 
        have been deployed in defense against, in response to, or in 
        recovery from the act, and the claims result, or may result, in 
        loss to the Seller. The substantive law for decision in any 
        action shall be derived from the law, including choice of law 
        principles, of the State in which the act of terrorism 
        occurred, unless the law is inconsistent with or preempted by 
        Federal law. The Federal cause of action shall be brought only 
        for claims for injuries that are proximately caused by sellers 
        that provide qualified anti-terrorism technology to Federal and 
        non-Federal government customers.
          (2) Jurisdiction.--An appropriate district court of the 
        United States shall have original and exclusive jurisdiction 
        over all actions for any claim for loss of property, personal 
        injury, or death arising out of, relating to, or resulting 
        from, an act of terrorism when qualified anti-terrorism 
        technologies have been deployed in defense against, in response 
        to, or in recovery from the act, and the claims result, or may 
        result, in loss to the Seller.
  (b) Special Rules.--In an action brought under this section for 
damages the following provisions apply:
          (1) Punitive damages; interest.--No punitive damages intended 
        to punish or deter, exemplary damages, or other damages not 
        intended to compensate a plaintiff for actual losses may be 
        awarded, nor shall any party be liable for interest prior to 
        the judgment.
          (2) Noneconomic damages.--
                  (A) Definition of noneconomic damages.--In this 
                paragraph, the term ``noneconomic damages'' means 
                damages for losses for physical and emotional pain, 
                suffering, inconvenience, physical impairment, mental 
                anguish, disfigurement, loss of enjoyment of life, loss 
                of society and companionship, loss of consortium, 
                hedonic damages, injury to reputation, and any other 
                nonpecuniary losses.
                  (B) When awarded.--Noneconomic damages may be awarded 
                against a defendant only in an amount directly 
                proportional to the percentage of responsibility of the 
                defendant for the harm to the plaintiff, and no 
                plaintiff may recover noneconomic damages unless the 
                plaintiff suffered physical harm.
  (c) Collateral Sources.--Any recovery by a plaintiff in an action 
under this section shall be reduced by the amount of collateral source 
compensation, if any, that the plaintiff has received or is entitled to 
receive as a result of the act of terrorism that results or may result 
in loss to the Seller.
  (d) Government Contractor Defense.--
          (1) In general.--Should a product liability or other lawsuit 
        be filed for claims arising out of, relating to, or resulting 
        from, an act of terrorism when qualified anti-terrorism 
        technologies approved by the Secretary, as provided in 
        paragraphs (2) and (3) of this subsection, have been deployed 
        in defense against, in response to, or in recovery from the 
        act, and the claims result, or may result, in loss to the 
        Seller, there shall be a rebuttable presumption that the 
        government contractor's defense applies in the lawsuit. This 
        presumption shall only be overcome by evidence showing that the 
        Seller acted fraudulently or with willful misconduct in 
        submitting information to the Secretary during the course of 
        the Secretary's consideration of the technology under this 
        subsection. This presumption of the government contractor's 
        defense shall apply regardless of whether the claim against the 
        Seller arises from a sale of the product to Federal Government 
        or non-Federal Government customers.
          (2) Exclusive responsibility.--The Secretary is exclusively 
        responsible for the review and approval of anti-terrorism 
        technology for purposes of establishing a government 
        contractor's defense in any product liability lawsuit for 
        claims arising out of, relating to, or resulting from, an act 
        of terrorism when qualified anti-terrorism technologies 
        approved by the Secretary, as provided in this paragraph and 
        paragraph (3), have been deployed in defense against, in 
        response to, or in recovery from the act, and the claims 
        result, or may result, in loss to the Seller. Upon the Seller's 
        submission to the Secretary for approval of anti-terrorism 
        technology, the Secretary shall conduct a comprehensive review 
        of the design of the technology and determine whether it will 
        perform as intended, conforms to the Seller's specifications, 
        and is safe for use as intended. The Seller shall conduct 
        safety and hazard analyses on the technology and shall supply 
        the Secretary with all such information relating to the 
        analyses.
          (3) Certificate.--For anti-terrorism technology reviewed and 
        approved by the Secretary, the Secretary shall issue a 
        certificate of conformance to the Seller and place the anti-
        terrorism technology on an Approved Product List for Homeland 
        Security.
  (e) Exclusion.--Nothing in this section shall in any way limit the 
ability of any person to seek any form of recovery from any person, 
government, or other entity that--
          (1) attempts to commit, knowingly participates in, aids and 
        abets, or commits any act of terrorism, or any criminal act 
        related to or resulting from the act of terrorism; or
          (2) participates in a conspiracy to commit an act of 
        terrorism or a criminal act.
Sec. 10624. Risk management
  (a) In General.--
          (1) Liability insurance required.--The Seller shall obtain 
        liability insurance of the types and in the amounts as required 
        under this section and certified by the Secretary to satisfy 
        otherwise compensable third-party claims arising out of, 
        relating to, or resulting from, an act of terrorism when 
        qualified anti-terrorism technologies have been deployed in 
        defense against, in response to, or in recovery from the act.
          (2) Maximum amount.--For the total claims related to one act 
        of terrorism, the Seller is not required to obtain liability 
        insurance of more than the maximum amount of liability 
        insurance reasonably available from private sources on the 
        world market at prices and terms that will not unreasonably 
        distort the sales price of Seller's anti-terrorism 
        technologies.
          (3) Scope of coverage.--Liability insurance obtained under 
        this subsection shall, in addition to the Seller, protect the 
        following, to the extent of their potential liability for 
        involvement in the manufacture, qualification, sale, use, or 
        operation of qualified anti-terrorism technologies deployed in 
        defense against, in response to, or in recovery from an act of 
        terrorism:
                  (A) Contractors, subcontractors, suppliers, vendors 
                and customers of the Seller.
                  (B) Contractors, subcontractors, suppliers, and 
                vendors of the customer.
          (4) Third party claims.--The liability insurance under this 
        section shall provide coverage against third party claims 
        arising out of, relating to, or resulting from the sale or use 
        of anti-terrorism technologies.
  (b) Reciprocal Waiver of Claims.--The Seller shall enter into a 
reciprocal waiver of claims with its contractors, subcontractors, 
suppliers, vendors and customers, and contractors and subcontractors of 
the customers, involved in the manufacture, sale, use, or operation of 
qualified anti-terrorism technologies, under which each party to the 
waiver agrees to be responsible for losses, including business 
interruption losses, that it sustains, or for losses sustained by its 
own employees resulting from an activity resulting from an act of 
terrorism when qualified anti-terrorism technologies have been deployed 
in defense against, in response to, or in recovery from the act.
  (c) Extent of Liability.--Notwithstanding any other provision of law, 
liability for all claims against a Seller arising out of, relating to, 
or resulting from, an act of terrorism when qualified anti-terrorism 
technologies have been deployed in defense against, in response to, or 
in recovery from the act, and the claims result, or may result, in loss 
to the Seller, whether for compensatory or punitive damages or for 
contribution or indemnity, shall not be in an amount greater than the 
limits of liability insurance coverage required to be maintained by the 
Seller under this section.

           Subchapter V--Secure Handling of Ammonium Nitrate

Sec. 10631. Definitions
  In this subchapter:
          (1) Ammonium nitrate.--The term ``ammonium nitrate'' means--
                  (A) solid ammonium nitrate that is chiefly the 
                ammonium salt of nitric acid and contains not less than 
                33 percent nitrogen by weight; and
                  (B) a mixture containing a percentage of ammonium 
                nitrate that is equal to or greater than the percentage 
                determined by the Secretary under section 10632(b) of 
                this title.
          (2) Ammonium nitrate facility.--The term ``ammonium nitrate 
        facility'' means an entity that produces, sells or otherwise 
        transfers ownership of, or provides application services for, 
        ammonium nitrate.
          (3) Ammonium nitrate purchaser.--The term ``ammonium nitrate 
        purchaser'' means a person who purchases ammonium nitrate from 
        an ammonium nitrate facility.
Sec. 10632. Regulation of the sale and transfer of ammonium nitrate
  (a) In General.--The Secretary shall regulate the sale and transfer 
of ammonium nitrate by an ammonium nitrate facility in accordance with 
this subchapter to prevent the misappropriation or use of ammonium 
nitrate in an act of terrorism.
  (b) Ammonium Nitrate Mixtures.--The Secretary, in consultation with 
the heads of appropriate Federal departments and agencies (including 
the Secretary of Agriculture), shall, after notice and an opportunity 
for comment, establish a threshold percentage for ammonium nitrate in a 
substance.
  (c) Registration of Owners of Ammonium Nitrate Facilities.--
          (1) Process.--The Secretary shall establish a process by 
        which a person that--
                  (A) owns an ammonium nitrate facility is required to 
                register with the Department; and
                  (B) registers under subparagraph (A) is issued a 
                registration number for purposes of this subchapter.
          (2) Information.--A person applying to register under 
        paragraph (1) shall submit to the Secretary--
                  (A) the name, address, and telephone number of each 
                ammonium nitrate facility owned by that person;
                  (B) the name of the person designated by that person 
                as the point of contact for each facility, for purposes 
                of this subchapter; and
                  (C) other information the Secretary determines is 
                appropriate.
  (d) Registration of Ammonium Nitrate Purchasers.--
          (1) Process.--The Secretary shall establish a process by 
        which a person that--
                  (A) intends to be an ammonium nitrate purchaser is 
                required to register with the Department; and
                  (B) registers under subparagraph (A) is issued a 
                registration number for purposes of this subchapter.
          (2) Information.--A person applying to register under 
        paragraph (1) as an ammonium nitrate purchaser shall submit to 
        the Secretary--
                  (A) the name, address, and telephone number of the 
                applicant; and
                  (B) the intended use of ammonium nitrate to be 
                purchased by the applicant.
  (e) Records.--
          (1) Maintenance of records.--The owner of an ammonium nitrate 
        facility shall--
                  (A) maintain a record of each sale or transfer of 
                ammonium nitrate, during the 2-year period beginning on 
                the date of that sale or transfer; and
                  (B) include in the record the information described 
                in paragraph (2).
          (2) Specific information required.--For each sale or transfer 
        of ammonium nitrate, the owner of an ammonium nitrate facility 
        shall--
                  (A) record the name, address, telephone number, and 
                registration number issued under subsection (c) or (d) 
                of each person that purchases ammonium nitrate, in a 
                manner prescribed by the Secretary;
                  (B) if applicable, record the name, address, and 
                telephone number of an agent acting on behalf of the 
                person described in subparagraph (A), at the point of 
                sale;
                  (C) record the date and quantity of ammonium nitrate 
                sold or transferred; and
                  (D) verify the identity of the persons described in 
                subparagraphs (A) and (B), as applicable, in accordance 
                with a procedure established by the Secretary.
          (3) Protection of information.--In maintaining records under 
        paragraph (1), the owner of an ammonium nitrate facility shall 
        take reasonable actions to ensure the protection of the 
        information included in the records.
  (f) Exemption for Explosive Purposes.--The Secretary may exempt from 
this subchapter a person producing, selling, or purchasing ammonium 
nitrate exclusively for use in the production of an explosive under a 
license or permit issued under chapter 40 of title 18.
  (g) Consultation.--In carrying out this section, the Secretary shall 
consult with the Secretary of Agriculture, States, and appropriate 
private-sector entities, to ensure that the access of agricultural 
producers to ammonium nitrate is not unduly burdened.
  (h) Data Confidentiality.--
          (1) In general.--Notwithstanding section 552 of title 5 or 
        the USA PATRIOT Act (Public Law 107-56, 115 Stat. 272), and 
        except as provided in paragraph (2), the Secretary may not 
        disclose to any person any information obtained under this 
        subchapter.
          (2) Exception.--The Secretary may disclose information 
        obtained by the Secretary under this subchapter to--
                  (A) an officer or employee of the United States, or a 
                person that has entered into a contract with the United 
                States, who has a need to know the information to 
                perform the duties of the officer, employee, or person; 
                or
                  (B) to a State agency under section 10634 of this 
                title, under appropriate arrangements to ensure the 
                protection of the information.
  (i) Registration Procedures and Check of Terrorist Screening 
Database.--
          (1) Registration Procedures.--
                  (A) In general.--The Secretary shall establish 
                procedures to efficiently receive applications for 
                registration numbers under this subchapter, conduct the 
                checks required under paragraph (2), and promptly issue 
                or deny a registration number.
                  (B) Initial 6-month registration period.--The 
                Secretary shall take steps to maximize the number of 
                registration applications that are submitted and 
                processed during the 6-month period described in 
                section 10636(e) of this title.
          (2) Check of terrorist screening database.--
                  (A) Check required.--The Secretary shall conduct a 
                check of appropriate identifying information of a 
                person seeking to register with the Department under 
                subsection (c) or (d) against identifying information 
                that appears in the terrorist screening database of the 
                Department.
                  (B) Authority to deny registration number.--If the 
                identifying information of a person seeking to register 
                with the Department under subsection (c) or (d) appears 
                in the terrorist screening database of the Department, 
                the Secretary may deny issuance of a registration 
                number under this subchapter.
          (3) Expedited review of applications.--
                  (A) In general.--Following the 6-month period 
                described in section 10636(e) of this title, the 
                Secretary shall, to the extent practicable, issue or 
                deny registration numbers under this subchapter not 
                later than 72 hours after the time the Secretary 
                receives a complete registration application, unless 
                the Secretary determines, in the interest of national 
                security, that additional time is necessary to review 
                an application.
                  (B) Notice of application status.--In all cases, the 
                Secretary shall notify a person seeking to register 
                with the Department under subsection (c) or (d) of the 
                status of the application of that person not later than 
                72 hours after the time the Secretary receives a 
                complete registration application.
          (4) Expedited appeals process.--
                  (A) Requirement.--
                          (i) Establishment.--The Secretary shall 
                        establish an expedited appeals process for 
                        persons denied a registration number under this 
                        subchapter.
                          (ii) Time for resolving appeals.--The 
                        Secretary shall, to the extent practicable, 
                        resolve appeals not later than 72 hours after 
                        receiving a complete request for appeal unless 
                        the Secretary determines, in the interest of 
                        national security, that additional time is 
                        necessary to resolve an appeal.
                  (B) Consultation.--The Secretary, in developing the 
                appeals process under subparagraph (A), shall consult 
                with appropriate stakeholders.
                  (C) Guidance.--The Secretary shall provide guidance 
                regarding the procedures and information required for 
                an appeal under subparagraph (A) to any person denied a 
                registration number under this subchapter.
          (5) Restrictions on use and maintenance of information.--
                  (A) In general.--Information constituting grounds for 
                denial of a registration number under this section 
                shall be maintained confidentially by the Secretary and 
                may be used only for making determinations under this 
                section.
                  (B) Sharing of information.--Notwithstanding any 
                other provision of this subchapter, the Secretary may 
                share information with Federal, State, local, and 
                tribal law enforcement agencies, as appropriate.
          (6) Registration information.--
                  (A) Authority to require information.--The Secretary 
                may require a person applying for a registration number 
                under this subchapter to submit information necessary 
                to carry out the requirements of this section.
                  (B) Requirement to update information.--The Secretary 
                may require persons issued a registration under this 
                subchapter to update registration information submitted 
                to the Secretary under this subchapter, as appropriate.
          (7) Rechecks against terrorist screening database.--
                  (A) In general.--The Secretary shall, as appropriate, 
                recheck persons provided a registration number pursuant 
                to this subchapter against the terrorist screening 
                database of the Department, and may revoke the 
                registration number if the Secretary determines the 
                person may pose a threat to national security.
                  (B) Notice of revocation.--The Secretary shall, as 
                appropriate, provide prior notice to a person whose 
                registration number is revoked under this section, and 
                the person shall have an opportunity to appeal, as 
                provided in paragraph (4).
Sec. 10633. Inspection and auditing of records
  The Secretary shall establish a process for the periodic inspection 
and auditing of the records maintained by owners of ammonium nitrate 
facilities for the purpose of monitoring compliance with this 
subchapter or for the purpose of deterring or preventing the 
misappropriation or use of ammonium nitrate in an act of terrorism.
Sec. 10634. Administrative provisions
  (a) Cooperative Agreements.--The Secretary--
          (1) may enter into a cooperative agreement with the Secretary 
        of Agriculture, or the head of any State department of 
        agriculture or its designee involved in agricultural 
        regulation, in consultation with the State agency responsible 
        for homeland security, to carry out the provisions of this 
        subchapter; and
          (2) wherever possible, shall seek to cooperate with State 
        agencies or their designees that oversee ammonium nitrate 
        facility operations when seeking cooperative agreements to 
        implement the registration and enforcement provisions of this 
        subchapter.
  (b) Delegation.--
          (1) Authority.--The Secretary may delegate to a State the 
        authority to assist the Secretary in the administration and 
        enforcement of this subchapter.
          (2) Delegation required.--At the request of a Governor of a 
        State, the Secretary shall delegate to that State the authority 
        to carry out functions under sections 10632 and 10633 of this 
        title, if the Secretary determines that the State is capable of 
        satisfactorily carrying out the functions.
          (3) Funding.--Subject to the availability of appropriations, 
        if the Secretary delegates functions to a State under this 
        subsection, the Secretary shall provide to that State 
        sufficient funds to carry out the delegated functions.
  (c) Provision of Guidance and Notification Materials to Ammonium 
Nitrate Facilities.--
          (1) Guidance.--The Secretary shall make available to each 
        owner of an ammonium nitrate facility registered under section 
        10632(c) of this title guidance on--
                  (A) the identification of suspicious ammonium nitrate 
                purchases or transfers or attempted purchases or 
                transfers;
                  (B) the appropriate course of action to be taken by 
                the ammonium nitrate facility owner with respect to 
                such a purchase or transfer or attempted purchase or 
                transfer, including--
                          (i) exercising the right of the owner of the 
                        ammonium nitrate facility to decline sale of 
                        ammonium nitrate; and
                          (ii) notifying appropriate law enforcement 
                        entities; and
                  (C) additional subjects determined appropriate to 
                prevent the misappropriation or use of ammonium nitrate 
                in an act of terrorism.
          (2) Use of materials and programs.--In providing guidance 
        under this subsection, the Secretary shall, to the extent 
        practicable, leverage relevant materials and programs.
          (3) Notification materials.--
                  (A) In general.--The Secretary shall make available 
                materials suitable for posting at locations where 
                ammonium nitrate is sold.
                  (B) Design.--Materials made available under 
                subparagraph (A) shall be designed to notify 
                prospective ammonium nitrate purchasers of--
                          (i) the record-keeping requirements under 
                        section 10632 of this title; and
                          (ii) the penalties for violating the 
                        requirements.
Sec. 10635. Theft reporting requirement
  A person who is required to comply with section 10632(e) of this 
title who has knowledge of the theft or unexplained loss of ammonium 
nitrate shall report the theft or loss to the appropriate Federal law 
enforcement authorities not later than 1 calendar day after the date on 
which the person becomes aware of the theft or loss. On receipt of the 
report, the relevant Federal authorities shall inform State, local, and 
tribal law enforcement entities, as appropriate.
Sec. 10636. Prohibitions and penalty
  (a) Prohibitions.--
          (1) Taking possession.--A person may not purchase ammonium 
        nitrate from an ammonium nitrate facility unless the person is 
        registered under subsection (c) or (d) of section 10632 of this 
        title, or is an agent of a person registered under subsection 
        (c) or (d) of section 10632.
          (2) Transferring possession.--An owner of an ammonium nitrate 
        facility shall not transfer possession of ammonium nitrate from 
        the ammonium nitrate facility to an ammonium nitrate purchaser 
        who is not registered under subsection (c) or (d) of section 
        10632 of this title, or to an agent acting on behalf of an 
        ammonium nitrate purchaser when the purchaser is not registered 
        under subsection (c) or (d) of section 10632.
          (3) Other prohibitions.--A person may not--
                  (A) purchase ammonium nitrate without a registration 
                number required under subsection (c) or (d) of section 
                10632 of this title;
                  (B) own or operate an ammonium nitrate facility 
                without a registration number required under section 
                10632(c) of this title; or
                  (C) fail to comply with a requirement or violate 
                another prohibition under this subchapter.
  (b) Civil penalty.--A person that violates this subchapter may be 
assessed a civil penalty by the Secretary of not more than $50,000 per 
violation.
  (c) Penalty Considerations.--In determining the amount of a civil 
penalty under this section, the Secretary shall consider--
          (1) the nature and circumstances of the violation;
          (2) with respect to the person who commits the violation, any 
        history of prior violations, the ability to pay the penalty, 
        and any effect the penalty is likely to have on the ability of 
        the person to do business; and
          (3) any other matter that the Secretary determines that 
        justice requires.
  (d) Notice and Opportunity for a Hearing.--A civil penalty may not be 
assessed under this subchapter unless the person liable for the penalty 
has been given notice and an opportunity for a hearing on the violation 
for which the penalty is to be assessed in the county, parish, or 
incorporated city of residence of that person.
  (e) Delay in Application of Prohibition.--Paragraphs (1) and (2) of 
subsection (a) shall apply on and after the date that is 6 months after 
the date that the Secretary issues a final rule implementing this 
subchapter.
Sec. 10637. Protection from civil liability
  (a) In General.--An owner of an ammonium nitrate facility that in 
good faith refuses to sell or transfer ammonium nitrate to a person, or 
that in good faith discloses to the Department or to appropriate law 
enforcement authorities an actual or attempted purchase or transfer of 
ammonium nitrate, based upon a reasonable belief that the person 
seeking purchase or transfer of ammonium nitrate may use the ammonium 
nitrate to create an explosive device to be employed in an act of 
terrorism (as defined in section 3077 of title 18), or to use ammonium 
nitrate for any other unlawful purpose, shall not be liable in any 
civil action relating to that refusal to sell ammonium nitrate or that 
disclosure.
  (b) Reasonable Belief.--A reasonable belief that a person may use 
ammonium nitrate to create an explosive device to be employed in an act 
of terrorism under subsection (a) may not solely be based on the race, 
sex, national origin, creed, religion, status as a veteran, or status 
as a member of the armed forces of the United States of that person.
Sec. 10638. Preemption of other laws
  (a) Other Federal regulations.--Except as provided in section 10637 
of this title, nothing in this subchapter affects a regulation issued 
by an agency other than an agency of the Department.
  (b) State Law.--Subject to section 10637 of this title, this 
subchapter preempts the laws of a State to the extent that the laws are 
inconsistent with this subchapter, except that this subchapter shall 
not preempt any State law that provides additional protection against 
the acquisition of ammonium nitrate by terrorists or the use of 
ammonium nitrate in explosives in acts of terrorism or for other 
illicit purposes, as determined by the Secretary.

                   Subchapter VI--Chemical Facilities

Sec. 10651. Definitions
  In this subchapter:
          (1) CFATS regulation.--The term ``CFATS regulation'' means--
                  (A) an existing CFATS regulation; and
                  (B) any regulation or amendment to an existing CFATS 
                regulation issued pursuant to the authority under 
                section 10657 of this title.
          (2) Chemical facility of interest.--The term ``chemical 
        facility of interest'' means a facility that--
                  (A) holds, or that the Secretary has a reasonable 
                basis to believe holds, a chemical of interest, as 
                designated under Appendix A to part 27 of title 6, Code 
                of Federal Regulations, or any successor to the 
                Appendix, at a threshold quantity set pursuant to 
                relevant risk-related security principles; and
                  (B) is not an excluded facility.
          (3) Covered chemical facility.--The term ``covered chemical 
        facility'' means a facility that--
                  (A) the Secretary--
                          (i) identifies as a chemical facility of 
                        interest; and
                          (ii) based on review of the facility's Top-
                        Screen, determines meets the risk criteria 
                        developed under section 10652(f)(2)(B) of this 
                        title; and
                  (B) is not an excluded facility.
          (4) Excluded facility.--The term ``excluded facility'' 
        means--
                  (A) a facility regulated under the Maritime 
                Transportation Security Act of 2002 (Public Law 107-
                295; 116 Stat. 2064);
                  (B) a public water system, as that term is defined in 
                section 1401 of the Public Health Service Act (42 
                U.S.C. 300f);
                  (C) a treatment works, as that term is defined in 
                section 212 of the Federal Water Pollution Control Act 
                (33 U.S.C. 1292);
                  (D) a facility owned or operated by the Department of 
                Defense or the Department of Energy; or
                  (E) a facility subject to regulation by the Nuclear 
                Regulatory Commission, or by a State that has entered 
                into an agreement with the Nuclear Regulatory 
                Commission under section 274(b) of the Atomic Energy 
                Act of 1954 (42 U.S.C. 2021(b)) to protect against 
                unauthorized access of any material, activity, or 
                structure licensed by the Nuclear Regulatory 
                Commission.
          (5) Existing cfats regulation.--The term ``existing CFATS 
        regulation'' means--
                  (A) a regulation promulgated under section 550 of the 
                Department of Homeland Security Appropriations Act, 
                2007 (Public Law 109-295), that was in effect on 
                December 17, 2014; and
                  (B) a Federal Register notice or other published 
                guidance relating to section 550 of the Department of 
                Homeland Security Appropriations Act, 2007 (Public Law 
                109-295), that was in effect on December 17, 2014.
          (6) Expedited approval facility.--The term ``expedited 
        approval facility'' means a covered chemical facility for which 
        the owner or operator elects to submit a site security plan in 
        accordance with section 10652(d)(4) of this title.
          (7) Facially deficient.--The term ``facially deficient'', 
        relating to a site security plan, means a site security plan 
        that does not support a certification that the security 
        measures in the plan address the security vulnerability 
        assessment and the risk-based performance standards for 
        security for a facility, based on a review of--
                  (A) the facility's site security plan;
                  (B) the facility's Top-Screen;
                  (C) the facility's security vulnerability assessment; 
                or
                  (D) any other information that--
                          (i) the facility submits to the Department; 
                        or
                          (ii) the Department obtains from a public 
                        source or other source.
          (8) Guidance for expedited approval facilities.--The term 
        ``guidance for expedited approval facilities'' means the 
        guidance issued under section 10652(d)(4)(B)(i) of this title.
          (9) Risk assessment.--The term ``risk assessment'' means the 
        Secretary's application of relevant risk criteria identified in 
        section 10652(f)(2)(B) of this title.
          (10) Terrorist screening database.--The term ``terrorist 
        screening database'' means the terrorist screening database 
        maintained by the Federal Government Terrorist Screening Center 
        or its successor.
          (11) Tier.--The term ``tier'' has the meaning given the term 
        in section 27.105 of title 6, Code of Federal Regulations, or 
        any successor to section 27.105.
          (12) Tiering; tiering methodology.--The terms ``tiering'' and 
        ``tiering methodology'' mean the procedure by which the 
        Secretary assigns a tier to each covered chemical facility 
        based on the risk assessment for that covered chemical 
        facility.
          (13) Top-screen.--The term ``Top-Screen'' has the meaning 
        given the term in section 27.105 of title 6, Code of Federal 
        Regulations, or any successor to section 27.105.
          (14) Vulnerability assessment.--The term ``vulnerability 
        assessment'' means the identification of weaknesses in the 
        security of a chemical facility of interest.
Sec. 10652. Chemical Facility Anti-Terrorism Standards Program
  (a) Establishment.--There is in the Department a Chemical Facility 
Anti-Terrorism Standards Program.
  (b) Duties of Secretary.--In carrying out the Chemical Facility Anti-
Terrorism Standards Program, the Secretary shall--
          (1) identify--
                  (A) chemical facilities of interest; and
                  (B) covered chemical facilities;
          (2) require each chemical facility of interest to submit a 
        Top-Screen and any other information the Secretary determines 
        necessary to enable the Department to assess the security risks 
        associated with the facility;
          (3) establish risk-based performance standards designed to 
        address high levels of security risk at covered chemical 
        facilities; and
          (4) require each covered chemical facility to--
                  (A) submit a security vulnerability assessment; and
                  (B) develop, submit, and implement a site security 
                plan.
  (c) Security Measures.--
          (1) In general.--A facility, in developing a site security 
        plan as required under subsection (b), shall include security 
        measures that, in combination, appropriately address the 
        security vulnerability assessment and the risk-based 
        performance standards for security for the facility.
          (2) Employee input.--To the greatest extent practicable, a 
        facility's security vulnerability assessment and site security 
        plan shall include input from at least 1 facility employee and, 
        where applicable, 1 employee representative from the bargaining 
        agent at that facility, each of whom possesses, in the 
        determination of the facility's security officer, relevant 
        knowledge, experience, training, or education as pertains to 
        matters of site security.
  (d) Approval or Disapproval of Site Security Plans.--
          (1) In general.--
                  (A) Review.--Except as provided in paragraph (4), the 
                Secretary shall review and approve or disapprove each 
                site security plan submitted pursuant to subsection 
                (b).
                  (B) Bases for disapproval.--The Secretary--
                          (i) may not disapprove a site security plan 
                        based on the presence or absence of a 
                        particular security measure; and
                          (ii) shall disapprove a site security plan if 
                        the plan fails to satisfy the risk-based 
                        performance standards established pursuant to 
                        subsection (b)(3).
          (2) Alternative security programs.--
                  (A) Authority to approve.--
                          (i) In general.--The Secretary may approve an 
                        alternative security program established by a 
                        private-sector entity or a Federal, State, or 
                        local authority or under other applicable laws 
                        if the Secretary determines that the 
                        requirements of the program meet the 
                        requirements under this section.
                          (ii) Additional security measures.--If the 
                        requirements of an alternative security program 
                        do not meet the requirements under this 
                        section, the Secretary may recommend additional 
                        security measures to the program that will 
                        enable the Secretary to approve the program.
                  (B) Satisfaction of site security plan requirement.--
                A covered chemical facility may satisfy the site 
                security plan requirement under subsection (b)(4) by 
                adopting an alternative security program that the 
                Secretary has--
                          (i) reviewed and approved under subparagraph 
                        (A); and
                          (ii) determined to be appropriate for the 
                        operations and security concerns of the covered 
                        chemical facility.
          (3) Site security plan assessments.--
                  (A) Risk assessment policies and procedures.--In 
                approving or disapproving a site security plan under 
                this subsection, the Secretary shall employ the risk 
                assessment policies and procedures developed under this 
                subchapter.
                  (B) Previously approved plans.--In the case of a 
                covered chemical facility for which the Secretary 
                approved a site security plan before December 18, 2014, 
                the Secretary may not require the facility to resubmit 
                the site security plan solely by reason of the 
                enactment of this subchapter.
          (4) Expedited approval program.--
                  (A) In general.--A covered chemical facility assigned 
                to tier 3 or 4 may meet the requirement to develop and 
                submit a site security plan under subsection (b)(4) by 
                developing and submitting to the Secretary--
                          (i) a site security plan and the 
                        certification described in subparagraph (C); or
                          (ii) a site security plan in conformance with 
                        a template authorized under subparagraph (H).
                  (B) Guidance for expedited approval facilities.--
                          (i) In general.--The Secretary shall issue 
                        guidance for expedited approval facilities that 
                        identifies specific security measures that are 
                        sufficient to meet the risk-based performance 
                        standards.
                          (ii) Material deviation from guidance.--If a 
                        security measure in the site security plan of 
                        an expedited approval facility materially 
                        deviates from a security measure in the 
                        guidance for expedited approval facilities, the 
                        site security plan shall include an explanation 
                        of how the security measure meets the risk-
                        based performance standards.
                          (iii) Applicability of other laws to 
                        development and issuance of initial guidance.--
                        In developing and issuing, or amending, the 
                        guidance for expedited approval facilities 
                        under this subparagraph and in collecting 
                        information from expedited approval facilities, 
                        the Secretary shall not be subject to--
                                  (I) section 553 of title 5;
                                  (II) subchapter I of chapter 35 of 
                                title 44; or
                                  (III) section 10657(b) of this title.
                  (C) Certification.--The owner or operator of an 
                expedited approval facility shall submit to the 
                Secretary a certification, signed under penalty of 
                perjury, that--
                          (i) the owner or operator is familiar with 
                        the requirements of this subchapter and part 27 
                        of title 6, Code of Federal Regulations, or any 
                        successor to this subchapter or part 27, and 
                        the site security plan being submitted;
                          (ii) the site security plan includes the 
                        security measures required by subsection (c);
                          (iii)(I) the security measures in the site 
                        security plan do not materially deviate from 
                        the guidance for expedited approval facilities 
                        except where indicated in the site security 
                        plan;
                          (II) any deviations from the guidance for 
                        expedited approval facilities in the site 
                        security plan meet the risk-based performance 
                        standards for the tier to which the facility is 
                        assigned; and
                          (III) the owner or operator has provided an 
                        explanation of how the site security plan meets 
                        the risk-based performance standards for any 
                        material deviation;
                          (iv) the owner or operator has visited, 
                        examined, documented, and verified that the 
                        expedited approval facility meets the criteria 
                        set forth in the site security plan;
                          (v) the expedited approval facility has 
                        implemented all of the required performance 
                        measures outlined in the site security plan or 
                        set out planned measures that will be 
                        implemented within a reasonable time period 
                        stated in the site security plan;
                          (vi) each individual responsible for 
                        implementing the site security plan has been 
                        made aware of the requirements relevant to the 
                        individual's responsibility contained in the 
                        site security plan and has demonstrated 
                        competency to carry out those requirements;
                          (vii) the owner or operator has committed, 
                        or, in the case of planned measures, will 
                        commit, the necessary resources to fully 
                        implement the site security plan; and
                          (viii) the planned measures include an 
                        adequate procedure for addressing events beyond 
                        the control of the owner or operator in 
                        implementing any planned measures.
                  (D) Deadline.--
                          (i) Date for submission to secretary.--The 
                        owner or operator of an expedited approval 
                        facility shall submit to the Secretary the site 
                        security plan and the certification described 
                        in subparagraph (C) not later than 120 days 
                        after--
                                  (I) for an expedited approval 
                                facility that was assigned to tier 3 or 
                                4 under existing CFATS regulations 
                                before December 18, 2014, the date that 
                                is 210 days after December 18, 2014; 
                                and
                                  (II) for any expedited approval 
                                facility not described in subclause 
                                (I), the later of--
                                          (aa) the date on which the 
                                        expedited approval facility is 
                                        assigned to tier 3 or 4 under 
                                        subsection (e)(2)(A); or
                                          (bb) the date that is 210 
                                        days after December 18, 2014.
                          (ii) Notice.--An owner or operator of an 
                        expedited approval facility shall notify the 
                        Secretary of the intent of the owner or 
                        operator to certify the site security plan for 
                        the expedited approval facility not later than 
                        30 days before the date on which the owner or 
                        operator submits the site security plan and 
                        certification described in subparagraph (C).
                  (E) Compliance.--
                          (i) In general.--For an expedited approval 
                        facility submitting a site security plan and 
                        certification in accordance with subparagraphs 
                        (A), (B), (C), and (D)--
                                  (I) the expedited approval facility 
                                shall comply with all of the 
                                requirements of its site security plan; 
                                and
                                  (II) the Secretary--
                                          (aa) except as provided in 
                                        subparagraph (G), may not 
                                        disapprove the site security 
                                        plan; and
                                          (bb) may audit and inspect 
                                        the expedited approval facility 
                                        under subsection (e) to verify 
                                        compliance with its site 
                                        security plan.
                          (ii) Noncompliance.--If the Secretary 
                        determines an expedited approval facility is 
                        not in compliance with the requirements of the 
                        site security plan or is otherwise in violation 
                        of this subchapter, the Secretary may enforce 
                        compliance in accordance with section 10654 of 
                        this title.
                  (F) Amendments to site security plan.--
                          (i) Requirement.--
                                  (I) In general.--If the owner or 
                                operator of an expedited approval 
                                facility amends a site security plan 
                                submitted under subparagraph (A), the 
                                owner or operator shall submit the 
                                amended site security plan and a 
                                certification relating to the amended 
                                site security plan that contains the 
                                information described in subparagraph 
                                (C).
                                  (II) Technical amendments.--For 
                                purposes of this clause, an amendment 
                                to a site security plan includes any 
                                technical amendment to the site 
                                security plan.
                          (ii) When amendment required.--The owner or 
                        operator of an expedited approval facility 
                        shall amend the site security plan if--
                                  (I) there is a change in the design, 
                                construction, operation, or maintenance 
                                of the expedited approval facility that 
                                affects the site security plan;
                                  (II) the Secretary requires 
                                additional security measures or 
                                suspends a certification and recommends 
                                additional security measures under 
                                subparagraph (G); or
                                  (III) the owner or operator receives 
                                notice from the Secretary of a change 
                                in tiering under subsection (f)(3).
                          (iii) Deadline.--An amended site security 
                        plan and certification shall be submitted under 
                        clause (i)--
                                  (I) in the case of a change in 
                                design, construction, operation, or 
                                maintenance of the expedited approval 
                                facility that affects the security 
                                plan, not later than 120 days after the 
                                date on which the change in design, 
                                construction, operation, or maintenance 
                                occurred;
                                  (II) in the case of the Secretary 
                                requiring additional security measures 
                                or suspending a certification and 
                                recommending additional security 
                                measures under subparagraph (G), not 
                                later than 120 days after the date on 
                                which the owner or operator receives 
                                notice of the requirement for 
                                additional security measures or 
                                suspension of the certification and 
                                recommendation of additional security 
                                measures; and
                                  (III) in the case of a change in 
                                tiering, not later than 120 days after 
                                the date on which the owner or operator 
                                receives notice under subsection 
                                (f)(3).
                  (G) Facially deficient site security plans.--
                          (i) Prohibition.--Notwithstanding 
                        subparagraph (A) or (E), the Secretary may 
                        suspend the authority of a covered chemical 
                        facility to certify a site security plan if the 
                        Secretary--
                                  (I) determines the certified site 
                                security plan or an amended site 
                                security plan is facially deficient; 
                                and
                                  (II) not later than 100 days after 
                                the date on which the Secretary 
                                receives the site security plan and 
                                certification, provides the covered 
                                chemical facility with written 
                                notification that the site security 
                                plan is facially deficient, including a 
                                clear explanation of each deficiency in 
                                the site security plan.
                          (ii) Additional security measures.--
                                  (I) In general.--If, during or after 
                                a compliance inspection of an expedited 
                                approval facility, the Secretary 
                                determines that planned or implemented 
                                security measures in the site security 
                                plan of the facility are insufficient 
                                to meet the risk-based performance 
                                standards based on misrepresentation, 
                                omission, or an inadequate description 
                                of the site, the Secretary may--
                                          (aa) require additional 
                                        security measures; or
                                          (bb) suspend the 
                                        certification of the facility.
                                  (II) Recommendation of additional 
                                security measures.--If the Secretary 
                                suspends the certification of an 
                                expedited approval facility under 
                                subclause (I), the Secretary shall--
                                          (aa) recommend specific 
                                        additional security measures 
                                        that, if made part of the site 
                                        security plan by the facility, 
                                        would enable the Secretary to 
                                        approve the site security plan; 
                                        and
                                          (bb) provide the facility an 
                                        opportunity to submit a new or 
                                        modified site security plan and 
                                        certification under 
                                        subparagraph (A).
                                  (III) Submission; review.--If an 
                                expedited approval facility determines 
                                to submit a new or modified site 
                                security plan and certification as 
                                authorized under subclause (II)(bb)--
                                          (aa) not later than 90 days 
                                        after the date on which the 
                                        facility receives 
                                        recommendations under subclause 
                                        (II)(aa), the facility shall 
                                        submit the new or modified plan 
                                        and certification; and
                                          (bb) not later than 45 days 
                                        after the date on which the 
                                        Secretary receives the new or 
                                        modified plan under item (aa), 
                                        the Secretary shall review the 
                                        plan and determine whether the 
                                        plan is facially deficient.
                                  (IV) Determination not to include 
                                additional security measures.--
                                          (aa) Revocation of 
                                        certification.--If an expedited 
                                        approval facility does not 
                                        agree to include in its site 
                                        security plan specific 
                                        additional security measures 
                                        recommended by the Secretary 
                                        under subclause (II)(aa), or 
                                        does not submit a new or 
                                        modified site security plan in 
                                        accordance with subclause 
                                        (III), the Secretary may revoke 
                                        the certification of the 
                                        facility by issuing an order 
                                        under section 10654(a)(1)(B) of 
                                        this title.
                                          (bb) Effect of revocation.--
                                        If the Secretary revokes the 
                                        certification of an expedited 
                                        approval facility under item 
                                        (aa) by issuing an order under 
                                        section 10654(a)(1)(B) of this 
                                        title--

                                                  (AA) the order shall 
                                                require the owner or 
                                                operator of the 
                                                facility to submit a 
                                                site security plan or 
                                                alternative security 
                                                program for review by 
                                                the Secretary under 
                                                subsection (d)(1) or 
                                                (2); and

                                                  (BB) the facility 
                                                shall no longer be 
                                                eligible to certify a 
                                                site security plan 
                                                under this paragraph.

                                  (V) Facial deficiency.--If the 
                                Secretary determines that a new or 
                                modified site security plan submitted 
                                by an expedited approval facility under 
                                subclause (III) is facially deficient--
                                          (aa) not later than 120 days 
                                        after the date of the 
                                        determination, the owner or 
                                        operator of the facility shall 
                                        submit a site security plan or 
                                        alternative security program 
                                        for review by the Secretary 
                                        under subsection (d)(1) or (2); 
                                        and
                                          (bb) the facility shall no 
                                        longer be eligible to certify a 
                                        site security plan under this 
                                        paragraph.
                  (H) Templates.--
                          (i) In general.--The Secretary may develop 
                        prescriptive site security plan templates with 
                        specific security measures to meet the risk-
                        based performance standards under subsection 
                        (b)(3) for adoption and certification by a 
                        covered chemical facility assigned to tier 3 or 
                        4 in lieu of developing and certifying its own 
                        plan.
                          (ii) Applicability of other laws to 
                        developing and issuing initial site security 
                        plan templates and related guidance and to 
                        collecting information.--During the period 
                        before the Secretary has met the deadline under 
                        subparagraph (B)(i), in developing and issuing, 
                        or amending, the site security plan templates 
                        under this subparagraph, in issuing guidance 
                        for implementation of the templates, and in 
                        collecting information from expedited approval 
                        facilities, the Secretary shall not be subject 
                        to--
                                  (I) section 553 of title 5;
                                  (II) subchapter I of chapter 35 of 
                                title 44; or
                                  (III) section 10657(b) of this title.
                          (iii) Rule of construction.--Nothing in this 
                        subparagraph shall be construed to prevent a 
                        covered chemical facility from developing and 
                        certifying its own security plan in accordance 
                        with subparagraph (A).
                  (I) Evaluation.--
                          (i) In general.--The Secretary shall take any 
                        appropriate action necessary for a full 
                        evaluation of the expedited approval program 
                        authorized under this paragraph, including 
                        conducting an appropriate number of 
                        inspections, as authorized under subsection 
                        (e), of expedited approval facilities.
                          (ii) Report.--The Secretary shall submit to 
                        the Committee on Homeland Security and 
                        Governmental Affairs of the Senate and the 
                        Committee on Homeland Security and the 
                        Committee on Energy and Commerce of the House 
                        of Representatives a report that contains--
                                  (I)(aa) the number of eligible 
                                facilities using the expedited approval 
                                program authorized under this 
                                paragraph; and
                                  (bb) the number of facilities that 
                                are eligible for the expedited approval 
                                program but are using the standard 
                                process for developing and submitting a 
                                site security plan under subsection 
                                (b)(4);
                                  (II) any costs and efficiencies 
                                associated with the expedited approval 
                                program;
                                  (III) the impact of the expedited 
                                approval program on the backlog for 
                                site security plan approval and 
                                authorization inspections;
                                  (IV) an assessment of the ability of 
                                expedited approval facilities to submit 
                                facially sufficient site security 
                                plans;
                                  (V) an assessment of any impact of 
                                the expedited approval program on the 
                                security of chemical facilities; and
                                  (VI) a recommendation by the 
                                Secretary on the frequency of 
                                compliance inspections that may be 
                                required for expedited approval 
                                facilities.
  (e) Compliance.--
          (1) Audits and inspections.--
                  (A) Definitions.--In this paragraph:
                          (i) Nondepartmental.--The term 
                        ``nondepartmental''--
                                  (I) with respect to personnel, means 
                                personnel that is not employed by the 
                                Department; and
                                  (II) with respect to an entity, means 
                                an entity that is not a component or 
                                other authority of the Department.
                          (ii) Nongovernmental.--The term 
                        ``nongovernmental''--
                                  (I) with respect to personnel, means 
                                personnel that is not employed by the 
                                Federal Government; and
                                  (II) with respect to an entity, means 
                                an entity that is not an agency, 
                                department, or other authority of the 
                                Federal Government.
                  (B) Authority to conduct audits and inspections.--The 
                Secretary shall conduct audits or inspections under 
                this subchapter using--
                          (i) employees of the Department;
                          (ii) nondepartmental or nongovernmental 
                        personnel approved by the Secretary; or
                          (iii) a combination of individuals described 
                        in clauses (i) and (ii).
                  (C) Support personnel.--The Secretary may use 
                nongovernmental personnel to provide administrative and 
                logistical services in support of audits and 
                inspections under this subchapter.
                  (D) Reporting structure.--
                          (i) Nondepartmental and nongovernmental 
                        audits and inspections.--Any audit or 
                        inspection conducted by an individual employed 
                        by a nondepartmental or nongovernmental entity 
                        shall be assigned in coordination with a 
                        regional supervisor with responsibility for 
                        supervising inspectors in the Infrastructure 
                        Security Compliance Division of the Department 
                        for the region in which the audit or inspection 
                        is to be conducted.
                          (ii) Requirement to report.--While an 
                        individual employed by a nondepartmental or 
                        nongovernmental entity is in the field 
                        conducting an audit or inspection under this 
                        subsection, the individual shall report to the 
                        regional supervisor with responsibility for 
                        supervising inspectors in the Infrastructure 
                        Security Compliance Division of the Department 
                        for the region in which the individual is 
                        operating.
                          (iii) Approval.--The authority to approve a 
                        site security plan under subsection (d) or 
                        determine if a covered chemical facility is in 
                        compliance with an approved site security plan 
                        shall be exercised solely by the Secretary or a 
                        designee of the Secretary in the Department.
                  (E) Standards for auditors and inspectors.--The 
                Secretary shall prescribe standards for the training 
                and retraining of each individual used by the 
                Department as an auditor or inspector, including each 
                individual employed by the Department and all 
                nondepartmental or nongovernmental personnel, 
                including--
                          (i) minimum training requirements for new 
                        auditors and inspectors;
                          (ii) retraining requirements;
                          (iii) minimum education and experience 
                        levels;
                          (iv) the submission of information as 
                        required by the Secretary to enable 
                        determination of whether the auditor or 
                        inspector has a conflict of interest;
                          (v) the proper certification necessary to 
                        handle chemical-terrorism vulnerability 
                        information (as defined in section 27.105 of 
                        title 6, Code of Federal Regulations, or any 
                        successor to section 27.105);
                          (vi) the reporting of any issue of non-
                        compliance with this section to the Secretary 
                        within 24 hours; and
                          (vii) any additional qualifications for 
                        fitness of duty as the Secretary may require.
                  (F) Conditions for nongovernmental auditors and 
                inspectors.--If the Secretary arranges for an audit or 
                inspection under subparagraph (B) to be carried out by 
                a nongovernmental entity, the Secretary shall--
                          (i) prescribe standards for the qualification 
                        of the individuals who carry out the audits and 
                        inspections that are commensurate with the 
                        standards for similar Government auditors or 
                        inspectors; and
                          (ii) ensure that any duties carried out by a 
                        nongovernmental entity are not inherently 
                        governmental functions.
          (2) Personnel surety program.--
                  (A) Establishment.--For purposes of this subchapter, 
                the Secretary shall establish and carry out a Personnel 
                Surety Program that--
                          (i) does not require an owner or operator of 
                        a covered chemical facility that voluntarily 
                        participates in the program to submit 
                        information about an individual more than 1 
                        time;
                          (ii) provides a participating owner or 
                        operator of a covered chemical facility with 
                        relevant information about an individual based 
                        on vetting the individual against the terrorist 
                        screening database, to the extent that the 
                        feedback is necessary for the facility to be in 
                        compliance with regulations promulgated under 
                        this subchapter; and
                          (iii) provides redress to an individual--
                                  (I) whose information was vetted 
                                against the terrorist screening 
                                database under the program; and
                                  (II) who believes that the personally 
                                identifiable information submitted to 
                                the Department for vetting by a covered 
                                chemical facility, or its designated 
                                representative, was inaccurate.
                  (B) Implementation.--To the extent that a risk-based 
                performance standard established under subsection (b) 
                requires identifying individuals with ties to 
                terrorism--
                          (i) a covered chemical facility--
                                  (I) may satisfy its obligation under 
                                the standard by using any Federal 
                                screening program that periodically 
                                vets individuals against the terrorist 
                                screening database, or any successor 
                                program, including the Personnel Surety 
                                Program established under subparagraph 
                                (A); and
                                  (II) shall--
                                          (aa) accept a credential from 
                                        a Federal screening program 
                                        described in subclause (I) if 
                                        an individual who is required 
                                        to be screened presents the 
                                        credential; and
                                          (bb) address in its site 
                                        security plan or alternative 
                                        security program the measures 
                                        it will take to verify that a 
                                        credential or documentation 
                                        from a Federal screening 
                                        program described in subclause 
                                        (I) is current;
                          (ii) visual inspection shall be sufficient to 
                        meet the requirement under clause (i)(II)(bb), 
                        but the facility should consider other means of 
                        verification, consistent with the facility's 
                        assessment of the threat posed by acceptance of 
                        the credentials; and
                          (iii) the Secretary may not require a covered 
                        chemical facility to submit any information 
                        about an individual unless the individual--
                                  (I) is to be vetted under the 
                                Personnel Surety Program; or
                                  (II) has been identified as 
                                presenting a terrorism security risk.
                  (C) Rights unaffected.--Nothing in this section shall 
                supersede the ability--
                          (i) of a facility to maintain its own 
                        policies regarding the access of individuals to 
                        restricted areas or critical assets; or
                          (ii) of an employing facility and a 
                        bargaining agent, where applicable, to 
                        negotiate as to how the results of a background 
                        check may be used by the facility with respect 
                        to employment status.
          (3) Availability of information.--The Secretary shall share 
        with the owner or operator of a covered chemical facility any 
        information that the owner or operator needs to comply with 
        this section.
  (f) Responsibilities of the Secretary.--
          (1) Identification of chemical facilities of interest.--In 
        carrying out this subchapter, the Secretary shall consult with 
        the heads of other Federal agencies, States and political 
        subdivisions thereof, relevant business associations, and 
        public and private labor organizations to identify all chemical 
        facilities of interest.
          (2) Risk assessment.--
                  (A) In general.--For purposes of this subchapter, the 
                Secretary shall develop a security risk assessment 
                approach and corresponding tiering methodology for 
                covered chemical facilities that incorporates the 
                relevant elements of risk, including threat, 
                vulnerability, and consequence.
                  (B) Criteria for determining security risk.--The 
                criteria for determining the security risk of terrorism 
                associated with a covered chemical facility shall take 
                into account--
                          (i) relevant threat information;
                          (ii) potential severe economic consequences 
                        and the potential loss of human life in the 
                        event of the facility being subject to attack, 
                        compromise, infiltration, or exploitation by 
                        terrorists; and
                          (iii) vulnerability of the facility to 
                        attack, compromise, infiltration, or 
                        exploitation by terrorists.
          (3) Changes in tiering.--
                  (A) Maintenance of records.--The Secretary shall 
                document the basis for each instance in which--
                          (i) tiering for a covered chemical facility 
                        is changed; or
                          (ii) a covered chemical facility is 
                        determined to no longer be subject to the 
                        requirements under this subchapter.
                  (B) Required information.--The records maintained 
                under subparagraph (A) shall include information on 
                whether and how the Secretary confirmed the information 
                that was the basis for the change or determination 
                described in subparagraph (A).
          (4) Semiannual performance reporting.--Not later than 6 
        months after December 18, 2014, and not less frequently than 
        once every 6 months after that date, the Secretary shall submit 
        to the Committee on Homeland Security and Governmental Affairs 
        of the Senate and the Committee on Homeland Security and the 
        Committee on Energy and Commerce of the House of 
        Representatives a report that includes, for the period covered 
        by the report--
                  (A) the number of covered chemical facilities in the 
                United States;
                  (B) information--
                          (i) describing--
                                  (I) the number of instances in which 
                                the Secretary--
                                          (aa) placed a covered 
                                        chemical facility in a lower 
                                        risk tier; or
                                          (bb) determined that a 
                                        facility that had previously 
                                        met the criteria for a covered 
                                        chemical facility under section 
                                        10651(3) of this title no 
                                        longer met the criteria; and
                                  (II) the basis, in summary form, for 
                                each action or determination under 
                                subclause (I); and
                          (ii) that is provided in a sufficiently 
                        anonymized form to ensure that the information 
                        does not identify any specific facility or 
                        company as the source of the information when 
                        viewed alone or in combination with other 
                        public information;
                  (C) the average number of days spent reviewing site 
                security or an alternative security program for a 
                covered chemical facility prior to approval;
                  (D) the number of covered chemical facilities 
                inspected;
                  (E) the average number of covered chemical facilities 
                inspected per inspector; and
                  (F) any other information that the Secretary 
                determines will be helpful to Congress in evaluating 
                the performance of the Chemical Facility Anti-Terrorism 
                Standards Program.
Sec. 10653. Protection and sharing of information
  (a) In General.--Information developed under this subchapter, 
including vulnerability assessments, site security plans, and other 
security related information, records, and documents shall be given 
protections from public disclosure consistent with the protection of 
similar information under section 70103(d) of title 46.
  (b) Sharing of Information With States and Local Governments.--
Nothing in this section shall be construed to prohibit the sharing of 
information developed under this subchapter, as the Secretary 
determines appropriate, with State and local government officials 
possessing a need to know and the necessary security clearances, 
including law enforcement officials and first responders, for the 
purpose of carrying out this subchapter, provided that the information 
may not be disclosed pursuant to any State or local law.
  (c) Sharing of Information With First Responders.--
          (1) Requirement.--The Secretary shall provide to State, 
        local, and regional fusion centers (as that term is defined in 
        section 10512(a)(1) of this title) and State and local 
        government officials, as the Secretary determines appropriate, 
        such information as is necessary to help ensure that first 
        responders are properly prepared and provided with the 
        situational awareness needed to respond to security incidents 
        at covered chemical facilities.
          (2) Dissemination.--The Secretary shall disseminate 
        information under paragraph (1) through a medium or system 
        determined by the Secretary to be appropriate to ensure the 
        secure and expeditious dissemination of the information to 
        necessary selected individuals.
  (d) Enforcement Proceedings.--In any proceeding to enforce this 
section, vulnerability assessments, site security plans, and other 
information submitted to or obtained by the Secretary under this 
subchapter, and related vulnerability or security information, shall be 
treated as if the information were classified information.
  (e) Availability of Information.--Notwithstanding any other provision 
of law (including section 552(b)(3) of title 5), section 552 of title 5 
(known as the ``Freedom of Information Act'') shall not apply to 
information protected from public disclosure pursuant to subsection 
(a).
  (f) Sharing of Information With Members of Congress.--Nothing in this 
section shall prohibit the Secretary from disclosing information 
developed under this subchapter to a Member of Congress in response to 
a request by a Member of Congress.
Sec. 10654. Civil enforcement
  (a) Notice of Noncompliance.--
          (1) In general.--If the Secretary determines that a covered 
        chemical facility is not in compliance with this subchapter, 
        the Secretary shall--
                  (A) provide the owner or operator of the facility--
                          (i) not later than 14 days after the date on 
                        which the Secretary makes the determination, a 
                        written notification of noncompliance that 
                        includes a clear explanation of any deficiency 
                        in the security vulnerability assessment or 
                        site security plan; and
                          (ii) an opportunity for consultation with the 
                        Secretary or the Secretary's designee; and
                  (B) issue to the owner or operator of the facility an 
                order to comply with this subchapter by a date 
                specified by the Secretary in the order, which date 
                shall be not later than 180 days after the date on 
                which the Secretary issues the order.
          (2) Continued noncompliance.--If an owner or operator remains 
        noncompliant after the procedures outlined in paragraph (1) 
        have been executed, or demonstrates repeated violations of this 
        subchapter, the Secretary may enter an order in accordance with 
        this section assessing a civil penalty, an order to cease 
        operations, or both.
  (b) Civil Penalties.--
          (1) Violations of orders.--Any person who violates an order 
        issued under this subchapter shall be liable for a civil 
        penalty under section 70119(a) of title 46.
          (2) Non-reporting chemical facilities of interest.--Any owner 
        of a chemical facility of interest who fails to comply with, or 
        knowingly submits false information under, this subchapter or 
        the CFATS regulations shall be liable for a civil penalty under 
        section 70119(a) of title 46.
  (c) Emergency Orders.--
          (1) In general.--Notwithstanding subsection (a) or any site 
        security plan or alternative security program approved under 
        this subchapter, if the Secretary determines that there is an 
        imminent threat of death, serious illness, or severe personal 
        injury, due to a violation of this subchapter or the risk of a 
        terrorist incident that may affect a chemical facility of 
        interest, the Secretary--
                  (A) shall consult with the facility, if practicable, 
                on steps to mitigate the risk; and
                  (B) may order the facility, without notice or 
                opportunity for a hearing, effective immediately or as 
                soon as practicable, to--
                          (i) implement appropriate emergency security 
                        measures; or
                          (ii) cease or reduce some or all operations, 
                        in accordance with safe shutdown procedures, if 
                        the Secretary determines that such a cessation 
                        or reduction of operations is the most 
                        appropriate means to address the risk.
          (2) Limitation on delegation.--The Secretary may not delegate 
        the authority under paragraph (1) to any official other than 
        the Under Secretary responsible for overseeing critical 
        infrastructure protection, cybersecurity, and other related 
        programs of the Department appointed under section 
        10302(b)(1)(H) of this title.
          (3) Limitation on authority.--The Secretary may exercise the 
        authority under this subsection only to the extent necessary to 
        abate the imminent threat determination under paragraph (1).
          (4) Due process for facility owner or operator.--
                  (A) Written orders.--An order issued by the Secretary 
                under paragraph (1) shall be in the form of a written 
                emergency order that--
                          (i) describes the violation or risk that 
                        creates the imminent threat;
                          (ii) states the security measures or order 
                        issued or imposed; and
                          (iii) describes the standards and procedures 
                        for obtaining relief from the order.
                  (B) Opportunity for review.--After issuing an order 
                under paragraph (1) with respect to a chemical facility 
                of interest, the Secretary shall provide for review of 
                the order under section 554 of title 5 if a petition 
                for review is filed not later than 20 days after the 
                date on which the Secretary issues the order.
                  (C) Expiration of effectiveness of order.--If a 
                petition for review of an order is filed under 
                subparagraph (B) and the review under that paragraph is 
                not completed by the last day of the 30-day period 
                beginning on the date on which the petition is filed, 
                the order shall vacate automatically at the end of that 
                period unless the Secretary determines, in writing, 
                that the imminent threat providing a basis for the 
                order continues to exist.
  (d) Right of action.--Nothing in this subchapter confers upon any 
individual except the Secretary or his or her designee a right of 
action against an owner or operator of a covered chemical facility to 
enforce any provision of this subchapter.
Sec. 10655. Whistleblower protections
  (a) Procedure for Reporting Problems.--
          (1) Establishment.--The Secretary shall establish, and 
        provide information to the public regarding, a procedure under 
        which any employee or contractor of a chemical facility of 
        interest may submit a report to the Secretary regarding a 
        violation of a requirement under this subchapter.
          (2) Confidentiality.--The Secretary shall keep confidential 
        the identity of an individual who submits a report under 
        paragraph (1), and the report shall be treated as a record 
        containing protected information to the extent that the report 
        does not consist of publicly available information.
          (3) Acknowledgment of receipt.--If a report submitted under 
        paragraph (1) identifies the individual making the report, the 
        Secretary shall promptly respond to the individual directly and 
        shall promptly acknowledge receipt of the report.
          (4) Steps to address problems.--The Secretary--
                  (A) shall review and consider the information 
                provided in any report submitted under paragraph (1); 
                and
                  (B) may take action under section 10654 of this title 
                if necessary to address any substantiated violation of 
                a requirement under this subchapter identified in the 
                report.
          (5) Due process for facility owner or operator.--
                  (A) In general.--If, on the review described in 
                paragraph (4), the Secretary determines that a 
                violation of a provision of this subchapter, or a 
                regulation prescribed under this subchapter, has 
                occurred, the Secretary may--
                          (i) institute a civil enforcement under 
                        section 10654(a) of this title; or
                          (ii) if the Secretary makes the determination 
                        under section 10654(c) of this title, issue an 
                        emergency order.
                  (B) Written orders.--The action of the Secretary 
                under paragraph (4) shall be in a written form that--
                          (i) describes the violation;
                          (ii) states the authority under which the 
                        Secretary is proceeding; and
                          (iii) describes the standards and procedures 
                        for obtaining relief from the order.
                  (C) Opportunity for review.--After taking action 
                under paragraph (4), the Secretary shall provide for 
                review of the action if a petition for review is filed 
                within 20 calendar days of the date of issuance of the 
                order for the action.
                  (D) Expiration of effectiveness of order.--If a 
                petition for review of an action is filed under 
                subparagraph (C) and the review under that subparagraph 
                is not completed by the end of the 30-day period 
                beginning on the date the petition is filed, the action 
                shall cease to be effective at the end of that period 
                unless the Secretary determines, in writing, that the 
                violation providing a basis for the action continues to 
                exist.
          (6) Retaliation prohibited.--
                  (A) In general.--An owner or operator of a chemical 
                facility of interest or agent thereof may not discharge 
                an employee or otherwise discriminate against an 
                employee with respect to the compensation provided to, 
                or terms, conditions, or privileges of the employment 
                of, the employee because the employee (or an individual 
                acting pursuant to a request of the employee) submitted 
                a report under paragraph (1).
                  (B) Exception.--An employee shall not be entitled to 
                the protections under this section if the employee--
                          (i) knowingly and willfully makes any false, 
                        fictitious, or fraudulent statement or 
                        representation; or
                          (ii) uses any false writing or document 
                        knowing the writing or document contains any 
                        false, fictitious, or fraudulent statement or 
                        entry.
  (b) Protected Disclosures.--Nothing in this subchapter shall be 
construed to limit the right of an individual to make any disclosure--
          (1) protected or authorized under section 2302(b)(8) or 7211 
        of title 5;
          (2) protected under any other Federal or State law that 
        shields the disclosing individual against retaliation or 
        discrimination for having made the disclosure in the public 
        interest; or
          (3) to the Special Counsel of an agency, the inspector 
        general of an agency, or any other employee designated by the 
        head of an agency to receive disclosures similar to the 
        disclosures described in paragraphs (1) and (2).
  (c) Publication of Rights.--The Secretary, in partnership with 
industry associations and labor organizations, shall make publicly 
available both physically and online the rights that an individual who 
discloses information, including security-sensitive information, 
regarding problems, deficiencies, or vulnerabilities at a covered 
chemical facility would have under Federal whistleblower protection 
laws or this subchapter.
  (d) Protected Information.--All information contained in a report 
made under subsection (a) shall be protected in accordance with section 
10653 of this title.
Sec. 10656. Relationship to other laws
  (a) Other Federal Laws.--Nothing in this subchapter shall be 
construed to supersede, amend, alter, or affect any Federal law that--
          (1) regulates (including by requiring information to be 
        submitted or made available) the manufacture, distribution in 
        commerce, use, handling, sale, other treatment, or disposal of 
        chemical substances or mixtures; or
          (2) authorizes or requires the disclosure of any record or 
        information obtained from a chemical facility under any law 
        other than this subchapter.
  (b) States and Political Subdivisions.--This subchapter shall not 
preclude or deny any right of any State or political subdivision of a 
State to adopt or enforce any regulation, requirement, or standard of 
performance with respect to chemical facility security that is more 
stringent than a regulation, requirement, or standard of performance 
issued under this subchapter, or otherwise impair any right or 
jurisdiction of any State with respect to chemical facilities within 
that State, unless there is an actual conflict between this section and 
the law of that State.
Sec. 10657. CFATS regulations
  (a) General Authority.--The Secretary may, in accordance with chapter 
5 of title 5, promulgate regulations or amend CFATS regulations that 
existed 30 days after December 18, 2014, to implement the provisions 
under this subchapter.
  (b) Existing CFATS Regulations.--
          (1) In general.--Notwithstanding section 4(b) of the 
        Protecting and Securing Chemical Facilities from Terrorist 
        Attacks Act of 2014 (Public Law 113-254, 128 Stat. 2919), each 
        CFATS regulation that existed on December 18, 2014, remains in 
        effect unless the Secretary amends, consolidates, or repeals 
        the regulation.
          (2) Repeal.--Not later than 30 days after December 18, 2014, 
        the Secretary shall repeal any CFATS regulation that existed on 
        that date that the Secretary determines is duplicative of, or 
        conflicts with, this subchapter.
  (c) Authority.--The Secretary shall exclusively rely upon authority 
provided under this subchapter in--
          (1) determining compliance with this subchapter;
          (2) identifying chemicals of interest; and
          (3) determining security risk associated with a chemical 
        facility.
Sec. 10658. Small covered chemical facilities
  (a) Definition of Small Covered Chemical Facility.--In this section, 
the term ``small covered chemical facility'' means a covered chemical 
facility that--
          (1) has fewer than 100 employees employed at the covered 
        chemical facility; and
          (2) is owned and operated by a small business concern (as 
        defined in section 3 of the Small Business Act (15 U.S.C. 632).
  (b) Assistance to Facilities.--The Secretary may provide guidance 
and, as appropriate, tools, methodologies, or computer software, to 
assist small covered chemical facilities in developing the physical 
security, cybersecurity, recordkeeping, and reporting procedures 
required under this subchapter.
  (c) Report.--The Secretary shall submit to the Committee on Homeland 
Security and Governmental Affairs of the Senate and the Committee on 
Homeland Security and the Committee on Energy and Commerce of the House 
of Representatives a report on best practices that may assist small 
covered chemical facilities in the development of physical security 
best practices.
Sec. 10659. Outreach to chemical facilities of interest
  The Secretary shall establish an outreach implementation plan, in 
coordination with the heads of other appropriate Federal and State 
agencies, relevant business associations, and public and private labor 
organizations, to--
          (1) identify chemical facilities of interest; and
          (2) make available compliance assistance materials and 
        information on education and training.
Sec. 10660. Termination
  The authority provided under this subchapter terminates on January 
17, 2019.

  Chapter 107--Science and Technology in 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.
Sec. 10701. Responsibilities and authorities of the Under Secretary for 
                    Science and Technology
  The Secretary, acting through the Under Secretary for Science and 
Technology, is responsible for--
          (1) advising the Secretary regarding research and development 
        efforts and priorities in support of the Department's missions;
          (2) developing, in consultation with other appropriate 
        executive agencies, a national policy and strategic plan for, 
        identifying priorities, goals, objectives and policies for, and 
        coordinating the Federal Government's civilian efforts to 
        identify and develop, countermeasures to chemical, biological, 
        and other emerging terrorist threats, including the development 
        of--
                  (A) comprehensive, research-based definable goals for 
                the efforts; and
                  (B) annual measurable objectives and specific targets 
                to accomplish and evaluate the goals for the efforts;
          (3) supporting the Under Secretary for Intelligence and 
        Analysis and the Assistant Secretary for Infrastructure 
        Protection, by assessing and testing homeland security 
        vulnerabilities and possible threats;
          (4) conducting basic and applied research, development, 
        demonstration, testing, and evaluation activities that are 
        relevant to any or all elements of the Department, through both 
        intramural and extramural programs, except that the 
        responsibility does not extend to human health-related research 
        and development activities;
          (5) establishing priorities for, directing, funding, and 
        conducting national research, development, test and evaluation, 
        and procurement of, technology and systems for--
                  (A) preventing the importation of chemical, 
                biological, and related weapons and material; and
                  (B) detecting, preventing, protecting against, and 
                responding to, terrorist attacks;
          (6) establishing a system for transferring homeland security 
        developments or technologies to Federal, State, local 
        government, and private-sector entities;
          (7) entering into work agreements, joint sponsorships, 
        contracts, or other agreements with the Department of Energy 
        regarding the use of the national laboratories or sites, and 
        the support of the science and technology base at those 
        facilities;
          (8) collaborating with the Secretary of Agriculture and the 
        Attorney General as provided in section 212 of the Agricultural 
        Bioterrorism Protection Act of 2002 (7 U.S.C. 8401);
          (9) collaborating with the Secretary of Health and Human 
        Services and the Attorney General in determining any new 
        biological agents and toxins that shall be listed as ``select 
        agents'' in Appendix A of part 72 of title 42, Code of Federal 
        Regulations, pursuant to section 351A of the Public Health 
        Service Act (42 U.S.C. 262a);
          (10) supporting United States leadership in science and 
        technology;
          (11) establishing and administering the primary research and 
        development activities of the Department, including the long-
        term research and development needs and capabilities for all 
        elements of the Department;
          (12) coordinating and integrating all research, development, 
        demonstration, testing, and evaluation activities of the 
        Department;
          (13) coordinating with other appropriate executive agencies 
        in developing and carrying out the science and technology 
        agenda of the Department to reduce duplication and identify 
        unmet needs; and
          (14) developing and overseeing the administration of 
        guidelines for merit review of research and development 
        projects throughout the Department, and for the dissemination 
        of research conducted or sponsored by the Department.
Sec. 10702. Functions transferred
  The Secretary succeeds to the functions, personnel, assets, and 
liabilities of the following entities:
          (1) The following programs and activities of the Department 
        of Energy, including the functions of the Secretary of Energy 
        relating thereto (but not including programs and activities 
        relating to the strategic nuclear defense posture of the United 
        States):
                  (A) The chemical and biological national security and 
                supporting programs and activities of the 
                nonproliferation and verification research and 
                development program.
                  (B) The nuclear smuggling programs and activities 
                within the proliferation detection program of the 
                nonproliferation and verification research and 
                development program. The programs and activities 
                described in this subparagraph may be designated by the 
                President either for transfer to the Department or for 
                joint operation by the Secretary and the Secretary of 
                Energy.
                  (C) The nuclear assessment program and activities of 
                the assessment, detection, and cooperation program of 
                the international materials protection and cooperation 
                program.
                  (D) Life sciences activities of the biological and 
                environmental research program related to microbial 
                pathogens designated by the President for transfer to 
                the Department.
                  (E) The Environmental Measurements Laboratory.
                  (F) The advanced scientific computing research 
                program and activities at Lawrence Livermore National 
                Laboratory.
          (2) The National Bio-Weapons Defense Analysis Center of the 
        Department of Defense, including the functions of the Secretary 
        of Defense related thereto.
Sec. 10703. Conduct of certain public health-related activities
  (a) In General.--With respect to civilian human health-related 
research and development activities relating to countermeasures for 
chemical, biological, radiological, and nuclear and other emerging 
terrorist threats carried out by the Department of Health and Human 
Services (including the Public Health Service), the Secretary of Health 
and Human Services shall set priorities, goals, objectives, and 
policies and develop a coordinated strategy for the activities in 
collaboration with the Secretary of Homeland Security to ensure 
consistency with the national policy and strategic plan developed under 
section 10701 of this title.
  (b) Evaluation of Progress.--In carrying out subsection (a), the 
Secretary of Health and Human Services shall collaborate with the 
Secretary in developing specific benchmarks and outcome measurements 
for evaluating progress toward achieving the priorities and goals 
described in the subsection.
Sec. 10704. Federally funded research and development centers
  The Secretary, acting through the Under Secretary for Science and 
Technology, shall have the authority to establish or contract with one 
or more federally funded research and development centers to provide 
independent analysis of homeland security issues, or to carry out other 
responsibilities under this subtitle, including coordinating and 
integrating both the extramural and intramural programs described in 
section 10707 of this title.
Sec. 10705. Miscellaneous provisions
  (a) Classification.--To the greatest extent practicable, research 
conducted or supported by the Department shall be unclassified.
  (b) Construction.--Nothing in this chapter shall be construed to 
preclude any Under Secretary of the Department from carrying out 
research, development, demonstration, or deployment activities, as long 
as the activities are coordinated through the Under Secretary for 
Science and Technology.
  (c) Regulations.--The Secretary, acting through the Under Secretary 
for Science and Technology, may issue necessary regulations with 
respect to research, development, demonstration, testing, and 
evaluation activities of the Department, including the conducting, 
funding, and reviewing of the activities.
Sec. 10706. Homeland Security Advanced Research Projects Agency
  (a) Definitions.--In this section:
          (1) Fund.--The term ``Fund'' means the Acceleration Fund for 
        Research and Development of Homeland Security Technologies 
        established in subsection (c).
          (2) Homeland security research.--The term ``homeland security 
        research'' means research relevant to the detection of, 
        prevention of, protection against, response to, attribution of, 
        and recovery from homeland security threats, particularly acts 
        of terrorism.
          (3) HSARPA.--The term ``HSARPA'' means the Homeland Security 
        Advanced Research Projects Agency established in subsection 
        (b).
          (4) Under secretary.--The term ``Under Secretary'' means the 
        Under Secretary for Science and Technology.
  (b) Homeland Security Advanced Research Projects Agency.--
          (1) Establishment.--There is in the Department the Homeland 
        Security Advanced Research Projects Agency (HSARPA).
          (2) Director.--The Director is the head of HSARPA. The 
        Director is appointed by the Secretary. The Director reports to 
        the Under Secretary.
          (3) Responsibilities.--The Director shall administer the Fund 
        to award competitive, merit-reviewed grants, cooperative 
        agreements, or contracts to public or private entities, 
        including businesses, federally funded research and development 
        centers, and universities. The Director shall administer the 
        Fund to--
                  (A) support basic and applied homeland security 
                research to promote revolutionary changes in 
                technologies that would promote homeland security;
                  (B) advance the development, testing and evaluation, 
                and deployment of critical homeland security 
                technologies;
                  (C) accelerate the prototyping and deployment of 
                technologies that would address homeland security 
                vulnerabilities; and
                  (D) conduct research and development for the purpose 
                of advancing technology for the investigation of child 
                exploitation crimes, including child victim 
                identification, trafficking in individuals, and child 
                pornography, and for advanced forensics.
          (4) Targeted competitions.--The Director may solicit 
        proposals to address specific vulnerabilities identified by the 
        Director.
          (5) Coordination.--The Director shall ensure that the 
        activities of HSARPA are coordinated with those of other 
        relevant research agencies, and may run projects jointly with 
        other agencies.
          (6) Personnel.--In hiring personnel for HSARPA, the Secretary 
        has the hiring and management authorities described in section 
        1101 of the Strom Thurmond National Defense Authorization Act 
        for Fiscal Year 1999 (Public Law 105-261, 5 U.S.C. 3104 note). 
        The term of appointments for employees under subsection (c)(1) 
        of that section may not exceed 5 years before the granting of 
        an extension under subsection (c)(2) of that section.
          (7) Demonstrations.--The Director, periodically, shall hold 
        homeland security technology demonstrations to improve contact 
        among technology developers, vendors and acquisition personnel.
  (c) Fund.--
          (1) Establishment.--There is in the Department the 
        Acceleration Fund for Research and Development of Homeland 
        Security Technologies (in this subsection referred to as the 
        ``Acceleration Fund''). The Director administers the 
        Acceleration Fund.
          (2) Authorization of appropriations.--There are authorized to 
        be appropriated to the Acceleration Fund such sums as may be 
        necessary.
Sec. 10707. Conduct of research, development, demonstration, testing, 
                    and evaluation
  (a) In General.--The Secretary, acting through the Under Secretary 
for Science and Technology, shall carry out the responsibilities under 
section 10701(4) of this title through both extramural and intramural 
programs.
  (b) Extramural Programs.--
          (1) In general.--The Secretary, acting through the Under 
        Secretary for Science and Technology, shall operate extramural 
        research, development, demonstration, testing, and evaluation 
        programs so as to--
                  (A) ensure that colleges, universities, private 
                research institutes, and companies (and consortia 
                thereof) from as many areas of the United States as 
                practicable participate;
                  (B) ensure that the research funded is of high 
                quality, as determined through merit review processes 
                developed under section 10701(14) of this title; and
                  (C) distribute funds through grants, cooperative 
                agreements, and contracts.
          (2) University-based centers for homeland security.--
                  (A) Designation.--The Secretary, acting through the 
                Under Secretary for Science and Technology, shall 
                designate a university-based center or several 
                university-based centers for homeland security. The 
                purpose of the center or these centers shall be to 
                establish a coordinated, university-based system to 
                enhance the Nation's homeland security.
                  (B) Criteria for designation.--Criteria for the 
                designation of colleges or universities as a center for 
                homeland security, shall include demonstrated expertise 
                in--
                          (i) the training of first responders;
                          (ii) responding to incidents involving 
                        weapons of mass destruction and biological 
                        warfare;
                          (iii) emergency and diagnostic medical 
                        services;
                          (iv) chemical, biological, radiological, and 
                        nuclear countermeasures or detection;
                          (v) animal and plant health and diagnostics;
                          (vi) food safety;
                          (vii) water and wastewater operations;
                          (viii) port and waterway security;
                          (ix) multi-modal transportation;
                          (x) information security and information 
                        engineering;
                          (xi) engineering;
                          (xii) educational outreach and technical 
                        assistance;
                          (xiii) border transportation and security; 
                        and
                          (xiv) the public policy implications and 
                        public dissemination of homeland security 
                        related research and development;
                  (C) Discretion of secretary.--To the extent that 
                exercising discretion is in the interest of homeland 
                security, and with respect to the designation of any 
                given university-based center for homeland security, 
                the Secretary may except certain criteria as specified 
                in subparagraph (B) and consider additional criteria 
                beyond those specified in subparagraph (B). On 
                designation of a university-based center for homeland 
                security, the Secretary shall that day publish in the 
                Federal Register the criteria that were excepted or 
                added in the selection process and the justification 
                for the set of criteria that were used for that 
                designation.
                  (D) Report to congress.--The Secretary shall report 
                annually to Congress concerning the implementation of 
                this section. The report shall indicate which center or 
                centers have been designated and how the designation or 
                designations enhance homeland security, as well as 
                report any decisions to revoke or modify the 
                designations.
                  (E) Authorization of appropriations.--There are 
                authorized to be appropriated such sums as may be 
                necessary to carry out this paragraph.
  (c) Intramural Programs.--
          (1) Consultation.--In carrying out the duties under section 
        10701 of this title, the Secretary, acting through the Under 
        Secretary for Science and Technology, may draw upon the 
        expertise of any laboratory of the Federal Government, whether 
        operated by a contractor or the Government.
          (2) Laboratories.--The Secretary, acting through the Under 
        Secretary for Science and Technology, may establish a 
        headquarters laboratory for the Department at any laboratory or 
        site and may establish additional laboratory units at other 
        laboratories or sites.
          (3) Criteria for headquarters laboratory.--If the Secretary 
        chooses to establish a headquarters laboratory under paragraph 
        (2), the Secretary shall do the following:
                  (A) Establish criteria for the selection of the 
                headquarters laboratory in consultation with the 
                National Academy of Sciences, appropriate Federal 
                agencies, and other experts.
                  (B) Publish the criteria in the Federal Register.
                  (C) Evaluate all appropriate laboratories or sites 
                against the criteria.
                  (D) Select a laboratory or site on the basis of the 
                criteria.
                  (E) Report to the appropriate congressional 
                committees on which laboratory was selected, how the 
                selected laboratory meets the published criteria, and 
                what duties the headquarters laboratory shall perform.
          (4) Limitation on operation of laboratories.--A laboratory 
        may not begin operating as the headquarters laboratory of the 
        Department until at least 30 days after the transmittal of the 
        report required by paragraph (3)(E).
Sec. 10708. Utilization of Department of Energy national laboratories 
                    and sites in support of homeland security 
                    activities
  (a) Authority To Utilize National Laboratories and Sites.--
          (1) In general.--In carrying out the missions of the 
        Department, the Secretary may utilize the Department of Energy 
        national laboratories and sites through one or more of the 
        following methods, as the Secretary considers appropriate:
                  (A) A joint sponsorship arrangement referred to in 
                subsection (b).
                  (B) A direct contract between the Department and the 
                applicable Department of Energy laboratory or site, 
                subject to subsection (c).
                  (C) A ``work for others'' basis made available by 
                that laboratory or site.
                  (D) Any other method provided by law.
          (2) Acceptance and performance by labs and sites.--
        Notwithstanding any other law governing the administration, 
        mission, use, or operations of Department of Energy national 
        laboratories and sites, the laboratories and sites may accept 
        and perform work for the Secretary, consistent with resources 
        provided, and perform work on an equal basis to other missions 
        at the laboratory and not on a noninterference basis with other 
        missions of the laboratory or site.
  (b) Joint Sponsorship Arrangements.--
          (1) Laboratories.--The Department may be a joint sponsor, 
        under a multiple agency sponsorship arrangement with the 
        Department of Energy, of one or more Department of Energy 
        national laboratories in the performance of work.
          (2) Sites.--The Department may be a joint sponsor of a 
        Department of Energy site in the performance of work as if the 
        site were a federally funded research and development center 
        and the work were performed under a multiple agency sponsorship 
        arrangement with the Department.
          (3) Primary sponsor.--The Department of Energy shall be the 
        primary sponsor under a multiple agency sponsorship arrangement 
        referred to in paragraph (1) or (2).
          (4) Lead agent.--The Secretary of Energy shall act as the 
        lead agent in coordinating the formation and performance of a 
        joint sponsorship arrangement under this subsection between the 
        Department and a Department of Energy national laboratory or 
        site.
          (5) Compliance with federal acquisition regulation.--Work 
        performed by a Department of Energy national laboratory or site 
        under a joint sponsorship arrangement under this subsection 
        shall comply with the policy on the use of federally funded 
        research and development centers under the Federal Acquisition 
        Regulation.
          (6) Funding.--The Department shall provide funds for work at 
        the Department of Energy national laboratories or sites, as the 
        case may be, under a joint sponsorship arrangement under this 
        subsection under the same terms and conditions as apply to the 
        primary sponsor of a national laboratory under section 
        3303(a)(1)(C) of title 41 or of a site to the extent the 
        section applies to the site as a federally funded research and 
        development center by reason of this subsection.
  (c) Separate Contracting.--To the extent that programs or activities 
transferred by the Homeland Security Act of 2002 (Public Law 107-296, 
116 Stat. 2135) from the Department of Energy to the Department are 
being carried out through direct contracts with the operator of a 
national laboratory or site of the Department of Energy, the Secretary 
and the Secretary of Energy shall ensure that direct contracts for the 
programs and activities between the Department and the operator are 
separate from the direct contracts of the Department of Energy with the 
operator.
  (d) Authority With Respect to Cooperative Research and Development 
Agreements and Licensing Agreements.--In connection with utilization of 
Department of Energy national laboratories and sites under this 
section, the Secretary may permit the director of a national laboratory 
or site to enter into cooperative research and development agreements 
or to negotiate licensing agreements with any person, any agency or 
instrumentality, of the United States, any unit of State or local 
government, and any other entity under the authority granted by section 
12 of the Stevenson-Wydler Technology Innovation Act of 1980 (15 U.S.C. 
3710a). Technology may be transferred to a non-Federal party to an 
agreement consistent with the provisions of sections 11 and 12 of that 
Act (15 U.S.C. 3710, 3710a).
  (e) Reimbursement of Costs.--In the case of an activity carried out 
by the operator of a Department of Energy national laboratory or site 
in connection with the utilization of the laboratory or site under this 
section, the Department shall reimburse the Department of Energy for 
costs of the activity through a method under which the Secretary of 
Energy waives any requirement for the Department to pay administrative 
charges or personnel costs of the Department of Energy or its 
contractors in excess of the amount that the Secretary of Energy pays 
for an activity carried out by the contractor and paid for by the 
Department of Energy.
  (f) Laboratory-Directed Research and Development by the Department of 
Energy.--No funds authorized to be appropriated or otherwise made 
available to the Department in a fiscal year may be obligated or 
expended for laboratory directed research and development activities 
carried out by the Department of Energy unless the activities support 
the missions of the Department.
  (g) Office for National Laboratories.--There is in the Directorate of 
Science and Technology the Office for National Laboratories. The Office 
is responsible for the coordination and utilization of the Department 
of Energy national laboratories and sites under this section in a 
manner to create a networked laboratory system for the purpose of 
supporting the missions of the Department.
  (h) Department of Energy Coordination on Homeland Security-Related 
Research.--The Secretary of Energy shall ensure that research, 
development, test, and evaluation activities conducted in the 
Department of Energy that are directly or indirectly related to 
homeland security are fully coordinated with the Secretary to minimize 
duplication of effort and maximize the effective application of Federal 
budget resources.
Sec. 10709. Transfer of Plum Island Animal Disease Center, Department 
                    of Agriculture
  (a) In General.-- The Secretary succeeds the Secretary of Agriculture 
as head of the Plum Island Animal Disease Center of the Department of 
Agriculture (in this section referred to as the ``Center''), including 
the assets and liabilities of the Center.
  (b) Continued Department of Agriculture Access.--On completion of the 
transfer of the Center under subsection (a), the Secretary and the 
Secretary of Agriculture shall enter into an agreement to ensure that 
the Department of Agriculture is able to carry out research, 
diagnostic, and other activities of the Department of Agriculture at 
the Center.
  (c) Direction of Activities.--The Secretary of Agriculture shall 
continue to direct the research, diagnostic, and other activities of 
the Department of Agriculture at the Center.
  (d) Notification.--At least 180 days before a change in the biosafety 
level at the Center, the President shall notify Congress of the change 
and describe the reasons for the change.
  (e) Relocation of National Bio- and Agro-Defense Facility.--
          (1) In general.--Notwithstanding any other provision of law, 
        if the Secretary determines that the National Bio- and Agro-
        defense Facility should be located at a site other than Plum 
        Island, New York, the Secretary shall ensure that the 
        Administrator of General Services sells through public sale all 
        real and related personal property and transportation assets 
        that support Plum Island operations, subject to terms and 
        conditions necessary to protect Government interests and meet 
        program requirements.
          (2) Proceeds of sale.--The proceeds of the sale described in 
        subsection (a) shall be deposited as offsetting collections 
        into the Department of Homeland Security Science and Technology 
        ``Research, Development, Acquisition, and Operations'' account 
        and, subject to appropriation, shall be available until 
        expended, for site acquisition, construction, and costs related 
        to the construction of the National Bio- and Agro-defense 
        Facility, including the costs associated with the sale, 
        including due diligence requirements, necessary environmental 
        remediation at Plum Island, and reimbursement of expenses 
        incurred by the General Services Administration.
Sec. 10710. Homeland Security Science and Technology Advisory Committee
  (a) Establishment.--There is in the Department a Homeland Security 
Science and Technology Advisory Committee (in this section referred to 
as the ``Advisory Committee''). The Advisory Committee shall make 
recommendations with respect to the activities of the Under Secretary 
for Science and Technology, including identifying research areas of 
potential importance to the security of the Nation.
  (b) Membership.--
          (1) Appointment.--The Advisory Committee consists of 20 
        members appointed by the Under Secretary for Science and 
        Technology, including emergency first-responders or 
        representatives of organizations or associations of emergency 
        first-responders. The Advisory Committee also shall include 
        representatives of citizen groups, including economically 
        disadvantaged communities. The individuals appointed as members 
        of the Advisory Committee--
                  (A) shall be eminent in fields such as emergency 
                response, research, engineering, new product 
                development, business, and management consulting;
                  (B) shall be selected solely on the basis of 
                established records of distinguished service;
                  (C) shall not be employees of the Federal Government; 
                and
                  (D) shall be selected to provide representation of a 
                cross-section of the research, development, 
                demonstration, and deployment activities supported by 
                the Under Secretary for Science and Technology.
          (2) National research council.--The Under Secretary for 
        Science and Technology may enter into an arrangement for the 
        National Research Council to select members of the Advisory 
        Committee, but only if the panel used by the National Research 
        Council reflects the representation described in paragraph (1).
  (c) Terms of Office.--
          (1) In general.--Except as otherwise provided in this 
        subsection, the term of office of each member of the Advisory 
        Committee shall be 3 years.
          (2) Vacancies.--A member appointed to fill a vacancy 
        occurring before the expiration of the term for which the 
        member's predecessor was appointed shall be appointed for the 
        remainder of the term.
  (d) Eligibility.--A person who has completed 2 consecutive full terms 
of service on the Advisory Committee is ineligible for appointment 
during the 1-year period following the expiration of the 2d term.
  (e) Meetings.--The Advisory Committee shall meet at least quarterly 
at the call of the Chair or whenever one-third of the members request a 
meeting in writing. Each member shall be given appropriate notice of 
the call of each meeting, whenever possible not less than 15 days 
before the meeting.
  (f) Quorum.--A majority of the members of the Advisory Committee not 
having a conflict of interest in the matter being considered by the 
Advisory Committee constitutes a quorum.
  (g) Conflict of Interest Rules.--The Advisory Committee shall 
establish rules for determining when 1 of its members has a conflict of 
interest in a matter being considered by the Advisory Committee.
  (h) Reports.--
          (1) Annual report.--The Advisory Committee shall submit an 
        annual report to the Under Secretary for Science and Technology 
        for transmittal to Congress on or before January 31 each year. 
        The report shall describe the activities and recommendations of 
        the Advisory Committee during the previous year.
          (2) Additional reports.--The Advisory Committee may submit to 
        the Under Secretary for transmittal to Congress additional 
        reports on specific policy matters it considers appropriate.
  (i) Federal Advisory Committee Act Exemption.--Section 14 of the 
Federal Advisory Committee Act (5 U.S.C. App.) shall not apply to the 
Advisory Committee.
Sec. 10711. Technology clearinghouse to encourage and support 
                    innovative solutions to enhance homeland security
  (a) Establishment of Program.--The Secretary, acting through the 
Under Secretary for Science and Technology, shall establish and promote 
a program to encourage technological innovation in facilitating the 
mission of the Department (as described in section 10301 of this 
title).
  (b) Elements of Program.--The program described in subsection (a) 
shall include the following components:
          (1) The establishment of a centralized Federal clearinghouse 
        for information relating to technologies that would further the 
        mission of the Department for dissemination, as appropriate, to 
        Federal, State, and local government and private-sector 
        entities for additional review, purchase, or use.
          (2) The issuance of announcements seeking unique and 
        innovative technologies to advance the mission of the 
        Department.
          (3) The establishment of a technical assistance team to 
        assist in screening, as appropriate, proposals submitted to the 
        Secretary (except as provided in subsection (c)(2)) to assess 
        the feasibility, scientific and technical merits, and estimated 
        cost of the proposals, as appropriate.
          (4) The provision of guidance, recommendations, and technical 
        assistance, as appropriate, to assist Federal, State, and local 
        government and private-sector efforts to evaluate and implement 
        the use of technologies described in paragraph (1) or (2).
          (5) The provision of information for persons seeking guidance 
        on how to pursue proposals to develop or deploy technologies 
        that would enhance homeland security, including information 
        relating to Federal funding, regulation, or acquisition.
  (c) Miscellaneous Provisions.--
          (1) In general.--Nothing in this section shall be construed 
        as authorizing the Secretary or the technical assistance team 
        established under subsection (b)(3) to set standards for 
        technology to be used by the Department, another executive 
        agency, a State or local government entity, or a private-sector 
        entity.
          (2) Certain proposals.--The technical assistance team 
        established under subsection (b)(3) shall not consider or 
        evaluate proposals submitted in response to a solicitation for 
        offers for a pending procurement or for a specific agency 
        requirement.
          (3) Coordination.--In carrying out this section, the 
        Secretary shall coordinate with the Technical Support Working 
        Group (organized under the April 1982 National Security 
        Decision Directive Numbered 30).
Sec. 10712. Enhancement of public safety communications 
                    interoperability
  (a) Definition of Interoperable Communications.--In this section, the 
term ``interoperable communications'' means the ability of emergency 
response providers and relevant Federal, State, and local government 
agencies to communicate with each other as necessary, through a 
dedicated public safety network utilizing information technology 
systems and radio communications systems, and to exchange voice, data, 
and video with one another on demand, in real time, as necessary.
  (b) Coordination of Public Safety Interoperable Communications 
Programs.--
          (1) Program.--The Secretary, in consultation with the 
        Secretary of Commerce and the Chairman of the Federal 
        Communications Commission, shall establish a program to enhance 
        public safety interoperable communications at all levels of 
        government. The program shall--
                  (A) establish a comprehensive national approach to 
                achieving public safety interoperable communications;
                  (B) coordinate with other Federal agencies in 
                carrying out subparagraph (A);
                  (C) develop, in consultation with other appropriate 
                Federal agencies and State and local authorities, 
                appropriate minimum capabilities for communications 
                interoperability for Federal, State, and local public 
                safety agencies;
                  (D) accelerate, in consultation with other Federal 
                agencies, including the National Institute of Standards 
                and Technology, the private sector, and nationally 
                recognized standards organizations as appropriate, the 
                development of national voluntary consensus standards 
                for public safety interoperable communications, 
                recognizing--
                          (i) the value, life cycle, and technical 
                        capabilities of existing communications 
                        infrastructure;
                          (ii) the need for cross-border 
                        interoperability between States and nations;
                          (iii) the unique needs of small, rural 
                        communities; and
                          (iv) the interoperability needs for daily 
                        operations and catastrophic events;
                  (E) encourage the development and implementation of 
                flexible and open architectures incorporating, where 
                possible, technologies that currently are commercially 
                available, with appropriate levels of security, for 
                short-term and long-term solutions to public safety 
                communications interoperability;
                  (F) assist other Federal agencies in identifying 
                priorities for research, development, testing, and 
                evaluation with regard to public safety interoperable 
                communications;
                  (G) identify priorities in the Department for 
                research, development, and testing and evaluation with 
                regard to public safety interoperable communications;
                  (H) establish coordinated guidance for Federal grant 
                programs for public safety interoperable 
                communications;
                  (I) provide technical assistance to State and local 
                public safety agencies regarding planning, acquisition 
                strategies, interoperability architectures, training, 
                and other functions necessary to achieve public safety 
                communications interoperability;
                  (J) develop and disseminate best practices to improve 
                public safety communications interoperability; and
                  (K) develop appropriate performance measures and 
                milestones to systematically measure the Nation's 
                progress toward achieving public safety communications 
                interoperability, including the development of national 
                voluntary consensus standards.
          (2) Office for interoperability and compatibility.--
                  (A) Establishment.--The Secretary may establish an 
                Office for Interoperability and Compatibility in the 
                Directorate of Science and Technology to carry out this 
                subsection.
                  (B) Functions.--If the Secretary establishes an 
                office, the Secretary shall, through the office, carry 
                out Department responsibilities and authorities 
                relating to the SAFECOM Program.
  (c) International Interoperability.--The President shall establish a 
mechanism for coordinating cross-border interoperability issues 
between--
          (1) the United States and Canada; and
          (2) the United States and Mexico.
  (d) Multiyear Interoperability Grants.--
          (1) Multiyear commitments.--In awarding grants to a State, 
        region, local government, or Indian tribe for the purposes of 
        enhancing interoperable communications capabilities for 
        emergency response providers, the Secretary may commit to 
        obligate Federal assistance beyond the current fiscal year, 
        subject to the limitations and restrictions in this subsection.
          (2) Restrictions.--
                  (A) Time limit.--No multiyear interoperability 
                commitment may exceed 3 years in duration.
                  (B) Amount of committed funds.--The total amount of 
                assistance the Secretary has committed to obligate for 
                a future fiscal year under paragraph (1) may not exceed 
                $150,000,000.
          (3) Letters of intent.--
                  (A) Issuance.--Under paragraph (1), the Secretary may 
                issue a letter of intent to an applicant committing to 
                obligate from future budget authority an amount, not 
                more than the Federal Government's share of the 
                project's cost, for an interoperability communications 
                project (including interest costs and costs of 
                formulating the project).
                  (B) Schedule.--A letter of intent under this 
                paragraph shall establish a schedule under which the 
                Secretary will reimburse the applicant for the Federal 
                Government's share of the project's costs, as amounts 
                become available, if the applicant, after the Secretary 
                issues the letter, carries out the project before 
                receiving amounts under a grant issued by the 
                Secretary.
                  (C) Notice to secretary.--An applicant that is issued 
                a letter of intent under this subsection shall notify 
                the Secretary of the applicant's intent to carry out a 
                project pursuant to the letter before the project 
                begins.
                  (D) Notice to congress.--The Secretary shall transmit 
                a written notification to Congress no later than 3 days 
                before the issuance of a letter of intent under this 
                section.
                  (E) Limitations.--A letter of intent issued under 
                this section is not an obligation of the Government 
                under section 1501 of title 31, and is not deemed to be 
                an administrative commitment for financing. An 
                obligation or administrative commitment may be made 
                only as amounts are provided in authorization and 
                appropriations laws.
                  (F) Statutory construction.--Nothing in this 
                subsection shall be construed--
                          (i) to prohibit the obligation of amounts 
                        pursuant to a letter of intent under this 
                        subsection in the same fiscal year as the 
                        letter of intent is issued; or
                          (ii) to apply to, or replace, Federal 
                        assistance intended for interoperable 
                        communications that is not provided pursuant to 
                        a commitment under this subsection.
  (e) Interoperable Communications Plans.--An applicant requesting 
funding assistance from the Secretary for interoperable communications 
for emergency response providers shall submit an Interoperable 
Communications Plan to the Secretary for approval. A plan shall--
          (1) describe the current state of communications 
        interoperability in the applicable jurisdictions among Federal, 
        State, and local emergency response providers and other 
        relevant private resources;
          (2) describe the available and planned use of public safety 
        frequency spectrum and resources for interoperable 
        communications within the jurisdictions;
          (3) describe how the planned use of spectrum and resources 
        for interoperable communications is compatible with surrounding 
        capabilities and interoperable communications plans of Federal, 
        State, and local governmental entities, military installations, 
        foreign governments, critical infrastructure, and other 
        relevant entities;
          (4) include a 5-year plan for the dedication of Federal, 
        State, and local government and private resources to achieve a 
        consistent, secure, and effective interoperable communications 
        system, including planning, system design and engineering, 
        testing and technology development, procurement and 
        installation, training, and operations and maintenance;
          (5) describe how the 5-year plan meets or exceeds applicable 
        standards and grant requirements established by the Secretary;
          (6) include information on the governance structure used to 
        develop the plan, including this information about all agencies 
        and organizations that participated in developing the plan and 
        the scope and timeframe of the plan; and
          (7) describe the method by which multijurisdictional, 
        multidisciplinary input is provided from all regions of the 
        jurisdiction, including high-threat urban areas located in the 
        jurisdiction, and the process for continuing to incorporate 
        input.
  (f) Expanded Reporting Requirement.--In addition to the committees 
specifically enumerated to receive reports under title XII of the 
Implementing Recommendations Of The 9/11 Commission Act Of 2007 (Public 
Law 110-53, 121 Stat. 381), any report transmitted under the provisions 
of title XII shall be transmitted to the appropriate congressional 
committees.
Sec. 10713. Office for Interoperability and Compatibility
  (a) Clarification of Responsibilities.--The Director of the Office 
for Interoperability and Compatibility shall--
          (1) assist the Secretary in developing and implementing the 
        science and technology aspects of the program described in 
        subparagraphs (D), (E), (F), and (G) of section 10712(b)(1) of 
        this title;
          (2) in coordination with the Federal Communications 
        Commission, the National Institute of Standards and Technology, 
        and other Federal departments and agencies with responsibility 
        for standards, support the creation of national voluntary 
        consensus standards for interoperable emergency communications;
          (3) establish a comprehensive research, development, testing, 
        and evaluation program for improving interoperable emergency 
        communications;
          (4) establish, in coordination with the Director for 
        Emergency Communications, requirements for interoperable 
        emergency communications capabilities, which shall be 
        nonproprietary where standards for the capabilities exist, for 
        all public safety radio and data communications systems and 
        equipment purchased using homeland security assistance 
        administered by the Department, excluding an alert and warning 
        device, technology, or system;
          (5) carry out the Department's responsibilities and 
        authorities relating to research, development, testing, 
        evaluation, or standards-related elements of the SAFECOM 
        Program;
          (6) evaluate and assess new technology in real-world 
        environments to achieve interoperable emergency communications 
        capabilities;
          (7) encourage more efficient use of existing resources, 
        including equipment, to achieve interoperable emergency 
        communications capabilities;
          (8) test public safety communications systems that are less 
        prone to failure, support new nonvoice services, use spectrum 
        more efficiently, and cost less than existing systems;
          (9) coordinate with the private sector to develop solutions 
        to improve emergency communications capabilities and achieve 
        interoperable emergency communications capabilities; and
          (10) conduct pilot projects, in coordination with the 
        Director for Emergency Communications, to test and demonstrate 
        technologies, including data and video, that enhance--
                  (A) the ability of emergency response providers and 
                relevant government officials to continue to 
                communicate in the event of natural disasters, acts of 
                terrorism, and other man-made disasters; and
                  (B) interoperable emergency communications 
                capabilities.
  (b) Coordination.--The Director of the Office for Interoperability 
and Compatibility shall coordinate with the Director for Emergency 
Communications with respect to the SAFECOM program.
  (c) Sufficiency of Resources.--The Secretary shall provide the Office 
for Interoperability and Compatibility the resources and staff 
necessary to carry out the responsibilities under this section.
Sec. 10714. Emergency communications interoperability research and 
                    development
  (a) Definition of Interoperable Emergency Communications.--In this 
section, the term ``interoperable emergency communications'' has the 
meaning given the term ``interoperable communications'' under section 
10712(a) of this title.
  (b) In General.--The Secretary, acting though the Under Secretary for 
Science and Technology and the Director of the Office for 
Interoperability and Compatibility, shall establish a comprehensive 
research and development program to support and promote--
          (1) the ability of emergency response providers and relevant 
        government officials to continue to communicate in the event of 
        natural disasters, acts of terrorism, and other man-made 
        disasters; and
          (2) interoperable emergency communications capabilities among 
        emergency response providers and relevant government officials, 
        including by--
                  (A) supporting research on a competitive basis, 
                including through the Directorate of Science and 
                Technology and Homeland Security Advanced Research 
                Projects Agency; and
                  (B) considering the establishment of a Center of 
                Excellence under the Department of Homeland Security 
                Centers of Excellence Program focused on improving 
                emergency response providers' communication 
                capabilities.
  (c) Purposes.--The purposes of the program established under 
subsection (b) include--
          (1) supporting research, development, testing, and evaluation 
        on emergency communication capabilities;
          (2) understanding the strengths and weaknesses of the public 
        safety communications systems in use;
          (3) examining how current and emerging technology can make 
        emergency response providers more effective, and how Federal, 
        State, local, and tribal government agencies can use this 
        technology in a coherent and cost-effective manner;
          (4) investigating technologies that could lead to long-term 
        advancements in emergency communications capabilities and 
        supporting research on advanced technologies and potential 
        systemic changes to dramatically improve emergency 
        communications; and
          (5) evaluating and validating advanced technology concepts, 
        and facilitating the development and deployment of 
        interoperable emergency communication capabilities.
Sec. 10715. National Biosurveillance Integration Center
  (a) Definitions.--In this section:
          (1) Biological agent.--The term ``biological agent'' has the 
        meaning given the term in section 178 of title 18.
          (2) Biological event of national concern.--The term 
        ``biological event of national concern'' means--
                  (A) an act of terrorism involving a biological agent 
                or toxin; or
                  (B) a naturally occurring outbreak of an infectious 
                disease that may result in a national epidemic.
          (3) Homeland security information.--The term ``homeland 
        security information'' has the meaning given the term in 
        section 11707 of this title.
          (4) Member agency.--The term ``Member Agency'' means any 
        Federal department or agency that, at the discretion of the 
        head of that department or agency, has entered into a 
        memorandum of understanding regarding participation in the 
        National Biosurveillance Integration Center.
          (5) Privacy officer.--The term ``Privacy Officer'' means the 
        Privacy Officer appointed under section 10543 of this title.
          (6) Toxin.--The term ``toxin'' has the meaning given the term 
        in section 178 of title 18.
  (b) Establishment.--The Secretary shall establish, operate, and 
maintain a National Biosurveillance Integration Center (in this section 
referred to as the ``NBIC'') under an office or directorate of the 
Department that was in existence as of August 3, 2007. The Directing 
Officer is the head of the NBIC.
  (c) Primary Mission.--The primary mission of the NBIC is to--
          (1) enhance the capability of the Federal Government to--
                  (A) rapidly identify, characterize, localize, and 
                track a biological event of national concern by 
                integrating and analyzing data relating to human 
                health, animal, plant, food, and environmental 
                monitoring systems (both national and international); 
                and
                  (B) disseminate alerts and other information to 
                Member Agencies and, in coordination with (and where 
                possible through) Member Agencies, to agencies of 
                State, local, and tribal governments, as appropriate, 
                to enhance the ability of the agencies to respond to a 
                biological event of national concern; and
          (2) oversee development and operation of the National 
        Biosurveillance Integration System.
  (d) Requirements.--The NBIC shall detect, as early as possible, a 
biological event of national concern that presents a risk to the United 
States or the infrastructure or key assets of the United States, 
including by--
          (1) consolidating data from all relevant surveillance systems 
        maintained by Member Agencies to detect biological events of 
        national concern across human, animal, and plant species;
          (2) seeking private sources of surveillance, both foreign and 
        domestic, when the sources would enhance coverage of critical 
        surveillance gaps;
          (3) using an information technology system that uses the best 
        available statistical and other analytical tools to identify 
        and characterize biological events of national concern in as 
        close to real-time as is practicable;
          (4) providing the infrastructure for integration, including 
        information technology systems and space, and support for 
        personnel from Member Agencies with sufficient expertise to 
        enable analysis and interpretation of data;
          (5) working with Member Agencies to create information 
        technology systems that use the minimum amount of patient data 
        necessary and consider patient confidentiality and privacy 
        issues at all stages of development and apprise the Privacy 
        Officer of these efforts; and
          (6) alerting Member Agencies and, in coordination with (and 
        where possible through) Member Agencies, public health agencies 
        of State, local, and tribal governments regarding an incident 
        that could develop into a biological event of national concern.
  (e) Responsibilities of Directing Officer.--
          (1) In general.--The Directing Officer of the NBIC shall--
                  (A) on an ongoing basis, monitor the availability and 
                appropriateness of surveillance systems used by the 
                NBIC and those systems that could enhance biological 
                situational awareness or the overall performance of the 
                NBIC;
                  (B) on an ongoing basis, review and seek to improve 
                the statistical and other analytical methods used by 
                the NBIC;
                  (C) receive and consider other relevant homeland 
                security information, as appropriate; and
                  (D) provide technical assistance, as appropriate, to 
                all Federal, regional, State, local, and tribal 
                government entities and private-sector entities that 
                contribute data relevant to the operation of the NBIC.
          (2) Assessments.--The Directing Officer of the NBIC shall--
                  (A) on an ongoing basis, evaluate available data for 
                evidence of a biological event of national concern; and
                  (B) integrate homeland security information with NBIC 
                data to provide overall situational awareness and 
                determine whether a biological event of national 
                concern has occurred.
          (3) Information sharing.--
                  (A) In general.--The Directing Officer of the NBIC 
                shall--
                          (i) establish a method of real-time 
                        communication with the National Operations 
                        Center;
                          (ii) in the event that a biological event of 
                        national concern is detected, notify the 
                        Secretary and disseminate results of NBIC 
                        assessments relating to that biological event 
                        of national concern to appropriate Federal 
                        response entities and, in coordination with 
                        relevant Member Agencies, regional, State, 
                        local, and tribal governmental response 
                        entities in a timely manner;
                          (iii) provide any report on NBIC assessments 
                        to Member Agencies and, in coordination with 
                        relevant Member Agencies, an affected regional, 
                        State, local, or tribal government, and any 
                        private-sector entity considered appropriate 
                        that may enhance the mission of the Member 
                        Agencies, governments, or entities or the 
                        ability of the Nation to respond to biological 
                        events of national concern; and
                          (iv) share NBIC incident or situational 
                        awareness reports, and other relevant 
                        information, consistent with the information 
                        sharing environment established under section 
                        11708 of this title and policies, guidelines, 
                        procedures, instructions, or standards 
                        established under that section.
                  (B) Consultation.--The Directing Officer of the NBIC 
                shall implement the activities described in 
                subparagraph (A) consistent with the policies, 
                guidelines, procedures, instructions, or standards 
                established under section 11708 of this title and in 
                consultation with the Director of National 
                Intelligence, the Under Secretary for Intelligence and 
                Analysis, and other offices or agencies of the Federal 
                Government, as appropriate.
  (f) Responsibilities of Member Agencies.--Each Member Agency shall--
          (1) use its best efforts to integrate biosurveillance 
        information into the NBIC, with the goal of promoting 
        information sharing between Federal, State, local, and tribal 
        governments to detect biological events of national concern;
          (2) provide timely information to assist the NBIC in 
        maintaining biological situational awareness for accurate 
        detection and response purposes;
          (3) enable the NBIC to receive and use biosurveillance 
        information from Member Agencies to carry out its requirements 
        under subsection (c);
          (4) connect the biosurveillance data systems of that Member 
        Agency to the NBIC data system under mutually agreed protocols 
        that are consistent with subsection (d)(5);
          (5) participate in the formation of strategy and policy for 
        the operation of the NBIC and its information sharing;
          (6) provide personnel to the NBIC under an interagency 
        personnel agreement and consider the qualifications of the 
        personnel necessary to provide human, animal, and environmental 
        data analysis and interpretation support to the NBIC; and
          (7) retain responsibility for the surveillance and 
        intelligence systems of that department or agency, if 
        applicable.
  (g) Administrative Authorities.--
          (1) Hiring of experts.--The Directing Officer of the NBIC 
        shall hire individuals with the necessary expertise to develop 
        and operate the NBIC.
          (2) Detail of personnel.--On request of the Directing Officer 
        of the NBIC, the head of a Federal department or agency may 
        detail, on a reimbursable basis, personnel of the department or 
        agency to the Department to assist the NBIC in carrying out 
        this section.
  (h) NBIC Interagency Working Group.--The Directing Officer of the 
NBIC shall--
          (1) establish an interagency working group to facilitate 
        interagency cooperation and to advise the Directing Officer of 
        the NBIC regarding recommendations to enhance the 
        biosurveillance capabilities of the Department; and
          (2) invite Member Agencies to serve on that working group.
  (i) Relationship to Other Departments and Agencies.--The authority of 
the Directing Officer of the NBIC under this section shall not affect 
the authority or responsibility of another department or agency of the 
Federal Government with respect to biosurveillance activities under a 
program administered by that department or agency.
  (j) Authorization of Appropriations.--There are authorized to be 
appropriated such sums as are necessary to carry out this section.
Sec. 10716. Promoting antiterrorism through international cooperation 
                    program
  (a) Definitions.--In this section:
          (1) Director.--The term ``Director'' means the Director 
        selected under subsection (b)(2).
          (2) International cooperative activity.--The term 
        ``international cooperative activity'' includes--
                  (A) coordinated research projects, joint research 
                projects, or joint ventures;
                  (B) joint studies or technical demonstrations;
                  (C) coordinated field exercises, scientific seminars, 
                conferences, symposia, and workshops;
                  (D) training of scientists and engineers;
                  (E) visits and exchanges of scientists, engineers, or 
                other appropriate personnel;
                  (F) exchanges or sharing of scientific and 
                technological information; and
                  (G) joint use of laboratory facilities and equipment.
  (b) Science and Technology Homeland Security International 
Cooperative Programs Office.--
          (1) Establishment.--There is in the Department the Science 
        and Technology Homeland Security International Cooperative 
        Programs Office.
          (2) Director.--A Director is the head of the Office. The 
        Director--
                  (A) shall be selected, in consultation with the 
                Assistant Secretary for International Affairs, by and 
                shall report to the Under Secretary for Science and 
                Technology; and
                  (B) may be an officer of the Department serving in 
                another position.
          (3) Responsibilities.--
                  (A) Development of mechanisms.--The Director is 
                responsible for developing, in coordination with the 
                Department of State and, as appropriate, the Department 
                of Defense, the Department of Energy, and other Federal 
                agencies, understandings and agreements to allow and to 
                support international cooperative activity in support 
                of homeland security.
                  (B) Priorities.--The Director is responsible for 
                developing, in coordination with the Office of 
                International Affairs and other Federal agencies, 
                strategic priorities for international cooperative 
                activity for the Department in support of homeland 
                security.
                  (C) Activities.--The Director shall facilitate the 
                planning, development, and implementation of 
                international cooperative activity to address the 
                strategic priorities developed under subparagraph (B) 
                through mechanisms the Under Secretary for Science and 
                Technology considers appropriate, including grants, 
                cooperative agreements, or contracts to or with foreign 
                public or private entities, governmental organizations, 
                businesses (including small businesses and socially and 
                economically disadvantaged small businesses (as the 
                terms are defined in sections 3 and 8 of the Small 
                Business Act (15 U.S.C. 632 and 637), respectively)), 
                federally funded research and development centers, and 
                universities.
                  (D) Identification of partners.--The Director shall 
                facilitate the matching of United States entities 
                engaged in homeland security research with non-United 
                States entities engaged in homeland security research 
                so that they may partner in homeland security research 
                activities.
          (4) Coordination.--The Director shall ensure that the 
        activities under this subsection are coordinated with the 
        Office of International Affairs and the Department of State 
        and, as appropriate, the Department of Defense, the Department 
        of Energy, and other relevant Federal agencies or interagency 
        bodies. The Director may enter into joint activities with other 
        Federal agencies.
  (c) Matching Funding.--
          (1) In general.--
                  (A) Equitability.--The Director shall ensure that 
                funding and resources expended in international 
                cooperative activity will be equitably matched by the 
                foreign partner government or other entity through 
                direct funding, funding of complementary activities, or 
                the provision of staff, facilities, material, or 
                equipment.
                  (B) Grant matching and repayment.--
                          (i) In general.--The Secretary may require a 
                        recipient of a grant under this section--
                                  (I) to make a matching contribution 
                                of not more than 50 percent of the 
                                total cost of the proposed project for 
                                which the grant is awarded; and
                                  (II) to repay to the Secretary the 
                                amount of the grant (or a portion 
                                thereof), interest on the amount at an 
                                appropriate rate, and charges for 
                                administration of the grant the 
                                Secretary determines appropriate.
                          (ii) Limit on repayment.--The Secretary may 
                        not require that repayment under clause (i)(II) 
                        be more than 150 percent of the amount of the 
                        grant, adjusted for inflation on the basis of 
                        the Consumer Price Index.
          (2) Foreign partners.--Partners may include Israel, the 
        United Kingdom, Canada, Australia, Singapore, and other allies 
        in the global war on terrorism as determined to be appropriate 
        by the Secretary and the Secretary of State.
          (3) Loans of equipment.--The Director may make or accept 
        loans of equipment for research and development and comparative 
        testing purposes.
  (d) Foreign Reimbursements.--If the Science and Technology Homeland 
Security International Cooperative Programs Office participates in an 
international cooperative activity with a foreign partner on a cost-
sharing basis, reimbursements or contributions received from that 
foreign partner to meet its share of the project may be credited to 
appropriate current appropriations accounts of the Directorate of 
Science and Technology.
  (e) Report to Congress on International Cooperative Activities.--The 
Secretary, acting through the Under Secretary for Science and 
Technology and the Director, shall submit to Congress every five years 
a report containing--
          (1) a brief description of each grant, cooperative agreement, 
        or contract made or entered into under subsection (b)(3)(C), 
        including the participants, goals, and amount and sources of 
        funding;
          (2) a list of international cooperative activities underway, 
        including the participants, goals, expected duration, and 
        amount and sources of funding, including resources provided to 
        support the activities in lieu of direct funding;
          (3) for international cooperative activities identified in 
        the previous reporting period, a status update on the progress 
        of such activities, including whether goals were realized, 
        explaining any lessons learned, and evaluating overall success; 
        and
          (4) a discussion of obstacles encountered in the course of 
        forming, executing, or implementing agreements for 
        international cooperative activities, including administrative, 
        legal, or diplomatic challenges or resource constraints.
  (f) Animal and Zoonotic Diseases.--As part of the international 
cooperative activities authorized in this section, the Under Secretary, 
in coordination with the Chief Medical Officer, the Department of 
State, and appropriate officials of the Department of Agriculture, the 
Department of Defense, and the Department of Health and Human Services, 
may enter into cooperative activities with foreign countries, including 
African nations, to strengthen American preparedness against foreign 
animal and zoonotic diseases overseas that could harm the Nation's 
agricultural and public health sectors if they were to reach the United 
States.
  (g) Cybersecurity.--As part of the international cooperative 
activities authorized in this section, the Under Secretary, in 
coordination with the Department of State and appropriate Federal 
officials, may enter into cooperative research activities with Israel 
to strengthen preparedness against cyber threats and enhance 
capabilities in cybersecurity.
  (h) Construction; Authorities of the Secretary of State.--Nothing in 
this section shall be construed to alter or affect the following 
provisions of law:
          (1) Section 112b(c) of title 1.
          (2) Section 622(c) of the Foreign Assistance Act of 1961 (22 
        U.S.C. 2382(c)).
          (3) Section 1(e)(2) of the State Department Basic Authorities 
        Act of 1956 (22 U.S.C. 2651a(e)(2)).
          (4) Title V of the Foreign Relations Authorization Act, 
        Fiscal Year 1979 (22 U.S.C. 2656a et seq.).
          (5) Sections 2 and 27 of the Arms Export Control Act (22 
        U.S.C. 2752, 2767).
  (i) Authorization of Appropriations.--There are authorized to be 
appropriated to carry out this section such sums as are necessary.
Sec. 10717. National biodefense strategy and implementation plan
  (a) Definition of Appropriate Congressional Committee.--In this 
section, the term ``appropriate congressional committee'' means the 
following:
          (1) The congressional defense committees.
          (2) The Committee on Energy and Commerce of the House of 
        Representatives and the Committee on Health, Education, Labor, 
        and Pensions of the Senate.
          (3) The Committee on Homeland Security of the House of 
        Representatives and the Committee on Homeland Security and 
        Governmental Affairs of the Senate.
          (4) The Committee on Agriculture of the House of 
        Representatives and the Committee on Agriculture, Nutrition, 
        and Forestry of the Senate.
  (b) Strategy and Implementation Plan.--The Secretary, the Secretaries 
of Defense, Health and Human Services, and Agriculture jointly shall 
develop a national biodefense strategy and associated implementation 
plan, which shall include a review and assessment of biodefense 
policies, practices, programs, and initiatives. The Secretaries shall 
review and, as appropriate, revise the strategy biennially.
  (c) Elements of Strategy and Plan.--The strategy and associated 
implementation plan required under subsection (b) shall include each of 
the following:
          (1) An inventory and assessment of all existing strategies, 
        plans, policies, laws, and interagency agreements relating to 
        biodefense, including prevention, deterrence, preparedness, 
        detection, response, attribution, recovery, and mitigation.
          (2) A description of the biological threats, including 
        biological warfare, bioterrorism, naturally occurring 
        infectious diseases, and accidental exposures.
          (3) A description of the current program, efforts, or 
        activities of the United States Government with respect to 
        preventing the acquisition, proliferation, and use of a 
        biological weapon, preventing an accidental or naturally 
        occurring biological outbreak, and mitigating the effects of a 
        biological epidemic.
          (4) A description of the roles and responsibilities of the 
        executive agencies, including internal and external 
        coordination procedures, in identifying and sharing information 
        relating to, warning of, and protecting against, acts of 
        terrorism using biological agents and weapons and accidental or 
        naturally occurring biological outbreaks.
          (5) An articulation of related or required interagency 
        capabilities and whole-of-Government activities required to 
        support the national biodefense strategy.
          (6) Recommendations for strengthening and improving the 
        current biodefense capabilities, authorities, and command 
        structure of the United States Government.
          (7) Recommendations for improving and formalizing interagency 
        coordination and support mechanisms with respect to providing a 
        robust national biodefense.
          (8) Any other matters the Secretary and the Secretaries of 
        Defense, Health and Human Services, and Agriculture determine 
        necessary.
  (d) Submittal to Congress.--Not later than 275 days after December 
23, 2016, the Secretary and the Secretaries of Defense, Health and 
Human Services, and Agriculture shall submit to the appropriate 
congressional committees the strategy and associated implementation 
plan required by subsection (b). The strategy and implementation plan 
shall be submitted in unclassified form but may include a classified 
index.
  (e) Briefings.--Not later than March 1, 2018, and 2019, the Secretary 
and the Secretaries of Defense, Health and Human Services, and 
Agriculture shall provide to the Committees on Armed Services, Energy 
and Commerce, Homeland Security, and Agriculture of the House of 
Representatives a joint briefing on the strategy developed under 
subsection (b) and the status of the implementation of the strategy.
  (f) Comptroller General Review.--Not later than 180 days after the 
date of the submittal of the strategy and implementation plan under 
subsection (d), the Comptroller General shall conduct a review of the 
strategy and implementation plan to analyze gaps and resources mapped 
against the requirements of the national biodefense strategy and 
existing United States biodefense policy documents.
Sec. 10718. Transparency in research and development
  (a) Definitions.--In this section:
          (1) All appropriate details.--The term ``all appropriate 
        details'' means, with respect to a research and development 
        project--
                  (A) the name of the project, including classified and 
                unclassified names if applicable;
                  (B) the name of the component of the Department 
                carrying out the project;
                  (C) an abstract or summary of the project;
                  (D) funding levels for the project;
                  (E) project duration or timeline;
                  (F) the name of each contractor, grantee, or 
                cooperative agreement partner involved in the project;
                  (G) expected objectives and milestones for the 
                project; and
                  (H) to the maximum extent practicable, relevant 
                literature and patents that are associated with the 
                project.
          (2) Classified.--The term ``classified'' means anything 
        containing--
                  (A) classified national security information as 
                defined in section 6.1 of Executive Order 13526 (50 
                U.S.C. 3161 note) or any successor order;
                  (B) Restricted Data or data that was formerly 
                Restricted Data, as defined in section 11(y) of the 
                Atomic Energy Act of 1954 (42 U.S.C. 2014(y));
                  (C) material classified at the Sensitive 
                Compartmented Information (SCI) level, as defined in 
                section 309 of the Intelligence Authorization Act for 
                Fiscal Year 2001 (50 U.S.C. 3345); or
                  (D) information relating to a special access program, 
                as defined in section 6.1 of Executive Order 13526 (50 
                U.S.C. 3161 note) or any successor order.
          (3) Controlled unclassified information.--The term 
        ``controlled unclassified information'' means information 
        described as ``Controlled Unclassified Information'' under 
        Executive Order 13556 (44 U.S.C. 3501 note) or any successor 
        order.
          (4) Project.--The term ``project'' means a research or 
        development project, program, or activity administered by the 
        Department, whether ongoing, completed, or otherwise 
        terminated.
  (b) Requirement To List Research and Development Projects.--
          (1)  In general.--The Secretary shall maintain a detailed 
        list of the following:
                  (A) Each classified and unclassified research and 
                development project, and all appropriate details for 
                each project, including the component of the Department 
                responsible for each project.
                  (B) Each task order for a federally funded research 
                and development center not associated with a research 
                and development project.
                  (C) Each task order for a university-based center of 
                excellence not associated with a research and 
                development project.
                  (D) The indicators developed and tracked by the Under 
                Secretary for Science and Technology with respect to 
                transitioned projects pursuant to subsection (d).
          (2) Exception.--Paragraph (1) shall not apply to a project 
        completed or otherwise terminated before December 23, 2016.
          (3) Updates.--The list required under paragraph (1) shall be 
        updated as frequently as possible, but not less frequently than 
        once per quarter.
          (4) Provide definition of research and development.--For 
        purposes of the list required under paragraph (1), the 
        Secretary shall provide a definition for the term ``research 
        and development''.
  (c) Report.--The Secretary each year shall submit to the Committee on 
Homeland Security of the House of Representatives and the Committee on 
Homeland Security and Governmental Affairs of the Senate a classified 
and unclassified report, as applicable, that lists each ongoing 
classified and unclassified project at the Department, including all 
appropriate details of each project.
  (d) Indicators of Success for Transitioned Projects.--
          (1) In general.--For each project that has been transitioned 
        to practice from research and development, the Under Secretary 
        for Science and Technology shall develop and track indicators 
        to demonstrate the uptake of the technology or project among 
        customers or end-users.
          (2) Period of tracking.--To the fullest extent possible, the 
        tracking of a project required under paragraph (1) shall 
        continue for the 3-year period beginning on the date the 
        project was transitioned to practice from research and 
        development.
  (e) Limitation.--Nothing in this section overrides or otherwise 
affects the requirements specified in section 10312 of this title.
Sec. 10719. EMP and GMD mitigation research and development
  (a) In General.--In furtherance of domestic preparedness and 
response, the Secretary, acting through the Under Secretary for Science 
and Technology, and in consultation with other relevant executive 
agencies, relevant State, local, and tribal governments, and relevant 
owners and operators of critical infrastructure, shall, to the extent 
practicable, conduct research and development to mitigate the 
consequences of threats of EMP and GMD.
  (b) Scope.--The scope of the research and development under 
subsection (a) shall include the following:
          (1) An objective scientific analysis evaluating the risks to 
        critical infrastructure from a range of threats of EMP and GMD 
        that shall--
                  (A) be conducted in conjunction with the Office of 
                Intelligence and Analysis; and
                  (B) include a review and comparison of the range of 
                threats and hazards facing critical infrastructure of 
                the electrical grid.
          (2) Determination of the critical utilities and national 
        security assets and infrastructure that are at risk from EMP 
        and GMD.
          (3) An evaluation of emergency planning and response 
        technologies that would address the findings and 
        recommendations of experts, including those of the Commission 
        to Assess the Threat to the United States from Electromagnetic 
        Pulse Attack, which shall include a review of the feasibility 
        of rapidly isolating 1 or more portions of the electrical grid 
        from the main electrical grid.
          (4) An analysis of technology options that are available to 
        improve the resiliency of critical infrastructure to threats of 
        EMP and GMD, including an analysis of neutral current blocking 
        devices that may protect high-voltage transmission lines.
          (5) The restoration and recovery capabilities of critical 
        infrastructure under different levels of damage and disruption 
        from various threats of EMP and GMD, as informed by the 
        scientific analysis conducted under paragraph (1).
          (6) An analysis of the feasibility of a real-time alert 
        system to inform electoral grid operators and other 
        stakeholders within milliseconds of a high-altitude nuclear 
        explosion.
  (c) Exemption From Disclosure.--
          (1) Information shared with federal government.--Section 
        10533 of this title, and any regulations issued pursuant to 
        section 10533 of this title, apply to any information shared 
        with the Federal Government under this section.
          (2) Information shared by federal government.--Information 
        shared by the Federal Government with a State, local, or tribal 
        government under this section is exempt from disclosure under 
        any provision of State, local, or tribal freedom of information 
        law, open government law, open meetings law, open records law, 
        sunshine law, or similar law requiring the disclosure of 
        information or records.

       Chapter 109--Border, Maritime, and 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.
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.

      Subchapter I--Border, Maritime, and Transportation Security 
                     Responsibilities and Functions

Sec. 10901. Secretary
  (a) In General.--The Secretary is responsible for the following:
          (1) Preventing the entry of terrorists and the instruments of 
        terrorism into the United States.
          (2) Securing the borders, territorial waters, ports, 
        terminals, waterways, and air, land, and sea transportation 
        systems of the United States, including managing and 
        coordinating those functions transferred to the Department at 
        ports of entry.
          (3) Carrying out the immigration enforcement functions vested 
        by statute in, or performed by, the Commissioner of Immigration 
        and Naturalization (or an officer, employee, or component of 
        the Immigration and Naturalization Service) immediately before 
        the date on which the transfer of functions specified under 
        section 10931 of this title takes effect.
          (4) Establishing and administering rules, under section 10982 
        of this title, governing the granting of visas or other forms 
        of permission, including parole, to enter the United States to 
        individuals who are not citizens or aliens lawfully admitted 
        for permanent residence in the United States.
          (5) Establishing national immigration enforcement policies 
        and priorities.
          (6) Except as provided in sections 10981 through 10985 of 
        this title, administering the customs laws of the United 
        States.
          (7) Conducting the inspection and related administrative 
        functions of the Department of Agriculture transferred to the 
        Secretary under subsection (b)(2).
          (8) In carrying out the foregoing responsibilities, ensuring 
        the speedy, orderly, and efficient flow of lawful traffic and 
        commerce.
  (b) Functions Transferred.--
          (1) In general.--The Secretary succeeds to the functions, 
        personnel, assets, and liabilities of--
                  (A) the United States Customs Service of the 
                Department of the Treasury, including the functions of 
                the Secretary of the Treasury relating thereto;
                  (B) the Transportation Security Administration of the 
                Department of Transportation, including the functions 
                of the Secretary of Transportation, and of the Under 
                Secretary of Transportation for Security, relating 
                thereto;
                  (C) the Federal Protective Service of the General 
                Services Administration, including the functions of the 
                Administrator of General Services relating thereto;
                  (D) the Federal Law Enforcement Training Center of 
                the Department of the Treasury; and
                  (E) the Office for Domestic Preparedness of the 
                Office of Justice Programs, including the functions of 
                the Attorney General relating to the Federal Protective 
                Service.
          (2) Certain agricultural inspection functions of the 
        department of agriculture.--
                  (A) Exclusion of Quarantine Activities.--In this 
                section, the term ``functions'' does not include 
                quarantine activities carried out under the laws 
                specified in subparagraph (B).
                  (B) Transfer of Agricultural Import and Entry 
                Inspection Functions.--The Secretary succeeds to the 
                functions of the Secretary of Agriculture relating to 
                agricultural import and entry inspection activities 
                under the following laws:
                          (i) Section 1 of the Act of August 31, 1922 
                        (known as the Honeybee Act) (7 U.S.C. 281).
                          (ii) Title III of the Federal Seed Act (7 
                        U.S.C. 1581 et seq.).
                          (iii) The Plant Protection Act (7 U.S.C. 7701 
                        et seq.).
                          (iv) The Animal Health Protection Act (7 
                        U.S.C. 8301 et seq.).
                          (v) Section 11 of the Endangered Species Act 
                        of 1973 (16 U.S.C. 1540).
                          (vi) The Lacey Act Amendments of 1981 (16 
                        U.S.C. 3371 et seq.).
                          (vii) The 8th paragraph under the heading 
                        ``Bureau of Animal Industry'' in the Act of 
                        March 4, 1913 (known as the Virus-Serum-Toxin 
                        Act) (21 U.S.C. 151 et seq.).
                  (C) Effect of transfer.--
                          (i) Compliance with department of agriculture 
                        regulations.--The authority transferred under 
                        subparagraph (B) shall be exercised by the 
                        Secretary in accordance with the regulations, 
                        policies, and procedures issued by the 
                        Secretary of Agriculture regarding the 
                        administration of the laws specified in 
                        subparagraph (B).
                          (ii) Rulemaking coordination.--The Secretary 
                        of Agriculture shall coordinate with the 
                        Secretary when the Secretary of Agriculture 
                        prescribes regulations, policies, or procedures 
                        for administering the functions transferred 
                        under subparagraph (B) under a law specified in 
                        subsection (B).
                          (iii) Effective administration.--The 
                        Secretary, in consultation with the Secretary 
                        of Agriculture, may issue directives and 
                        guidelines necessary to ensure the effective 
                        use of personnel of the Department to carry out 
                        the functions transferred under subparagraph 
                        (B).
                  (D) Periodic transfer of funds to department.--Out of 
                funds collected by fees authorized under sections 2508 
                and 2509 of the Food, Agriculture, Conservation, and 
                Trade Act of 1990 (21 U.S.C. 136, 136a), the Secretary 
                of Agriculture shall transfer, from time to time to the 
                Secretary, funds for activities carried out by the 
                Secretary for which fees were collected. The proportion 
                of fees collected that are transferred to the Secretary 
                under this subparagraph may not exceed the proportion 
                of costs incurred by the Secretary to all costs 
                incurred to carry out activities funded by the fees.
Sec. 10902. Commissioner of U.S. Customs and Border Protection
  (a) Definitions.--In this section, the terms ``commercial 
operations'', ``customs and trade laws of the United States'', ``trade 
enforcement'', and ``trade facilitation'' have the meanings given the 
terms in section 2 of the Trade Facilitation and Trade Enforcement Act 
of 2015 (19 U.S.C. 4301).
  (b) In General.--The Commissioner of U.S. Customs and Border 
Protection (in this section referred to as the ``Commissioner'') 
shall--
          (1) coordinate and integrate the security, trade 
        facilitation, and trade enforcement functions of U.S. Customs 
        and Border Protection;
          (2) ensure the interdiction of individuals and goods 
        illegally entering or exiting the United States;
          (3) facilitate and expedite the flow of legitimate travelers 
        and trade;
          (4) direct and administer the commercial operations of U.S. 
        Customs and Border Protection and the enforcement of the 
        customs and trade laws of the United States;
          (5) detect, respond to, and interdict terrorists, drug 
        smugglers and traffickers, human smugglers and traffickers, and 
        other individuals who may undermine the security of the United 
        States, in cases in which the individuals are entering, or have 
        recently entered, the United States;
          (6) safeguard the borders of the United States to protect 
        against the entry of dangerous goods;
          (7) ensure the overall economic security of the United States 
        is not diminished by efforts, activities, and programs aimed at 
        securing the homeland;
          (8) in coordination with U.S. Immigration and Customs 
        Enforcement and United States Citizenship and Immigration 
        Services, enforce and administer all immigration laws, as the 
        term is defined in section 101(a) of the Immigration and 
        Nationality Act (8 U.S.C. 1101(a)), including--
                  (A) the inspection, processing, and admission of 
                individuals who seek to enter or depart the United 
                States; and
                  (B) the detection, interdiction, removal, departure 
                from the United States, short-term detention, and 
                transfer of individuals unlawfully entering, or who 
                have recently unlawfully entered, the United States;
          (9) develop and implement screening and targeting 
        capabilities, including the screening, reviewing, identifying, 
        and prioritizing of passengers and cargo across all 
        international modes of transportation, both inbound and 
        outbound;
          (10) in coordination with the Secretary, deploy technology to 
        collect the data necessary for the Secretary to administer the 
        biometric entry and exit data system pursuant to section 7208 
        of the Intelligence Reform and Terrorism Prevention Act of 2004 
        (8 U.S.C. 1365b);
          (11) enforce and administer the laws relating to agricultural 
        import and entry inspection referred to in section 10901(b)(2) 
        of this title;
          (12) in coordination with the Under Secretary for Management 
        of the Department, ensure U.S. Customs and Border Protection 
        complies with Federal law, the Federal Acquisition Regulation, 
        and the Department's acquisition management directives for 
        major acquisition programs of U.S. Customs and Border 
        Protection;
          (13) ensure that the policies and regulations of U.S. Customs 
        and Border Protection are consistent with the obligations of 
        the United States pursuant to international agreements;
          (14) enforce and administer--
                  (A) the Container Security Initiative program under 
                section 30505 of this title; and
                  (B) the Customs-Trade Partnership Against Terrorism 
                program under subchapter II of chapter 305 of this 
                title;
          (15) conduct polygraph examinations in accordance with 
        section 10917(a)(1) of this title;
          (16) establish the standard operating procedures described in 
        subsection (c);
          (17) carry out the training required under subsection (d); 
        and
          (18) carry out other duties and powers prescribed by law or 
        delegated by the Secretary.
  (c) Standard Operating Procedures.--
          (1) In general.--The Commissioner shall establish--
                  (A) standard operating procedures for searching, 
                reviewing, retaining, and sharing information contained 
                in communication, electronic, or digital devices 
                encountered by U.S. Customs and Border Protection 
                personnel at United States ports of entry;
                  (B) standard use of force procedures that officers 
                and agents of U.S. Customs and Border Protection may 
                employ in the execution of their duties, including the 
                use of deadly force;
                  (C) a uniform, standardized, and publicly available 
                procedure for processing and investigating complaints 
                against officers, agents, and employees of U.S. Customs 
                and Border Protection for violations of professional 
                conduct, including the timely disposition of complaints 
                and a written notification to the complainant of the 
                status or outcome, as appropriate, of the related 
                investigation, in accordance with section 552a of title 
                5 (known as the ``Privacy Act'' or the ``Privacy Act of 
                1974'');
                  (D) an internal, uniform reporting mechanism 
                regarding incidents involving the use of deadly force 
                by an officer or agent of U.S. Customs and Border 
                Protection, including an evaluation of the degree to 
                which the procedures required under subparagraph (B) 
                were followed; and
                  (E) standard operating procedures, acting through the 
                Assistant Commissioner for Air and Marine Operations 
                and in coordination with the Office for Civil Rights 
                and Civil Liberties and the Office of Privacy of the 
                Department, to provide command, control, communication, 
                surveillance, and reconnaissance assistance through the 
                use of unmanned aerial systems, including the 
                establishment of--
                          (i) a process for other Federal, State, and 
                        local law enforcement agencies to submit 
                        mission requests;
                          (ii) a formal procedure to determine whether 
                        to approve or deny a mission request;
                          (iii) a formal procedure to determine how 
                        mission requests are prioritized and 
                        coordinated; and
                          (iv) a process regarding the protection and 
                        privacy of data and images collected by U.S. 
                        Customs and Border Protection through the use 
                        of unmanned aerial systems.
          (2) Requirements regarding certain notifications.--The 
        standard operating procedures established pursuant to paragraph 
        (1)(A) shall require--
                  (A) in the case of a search of information conducted 
                on an electronic device by U.S. Customs and Border 
                Protection personnel, the Commissioner to notify the 
                individual subject to the search of the purpose and 
                authority for the search and how the individual may 
                obtain information on reporting concerns about the 
                search; and
                  (B) in the case of information collected by U.S. 
                Customs and Border Protection through a search of an 
                electronic device, if the information is transmitted to 
                another Federal agency for subject matter assistance, 
                translation, or decryption, the Commissioner to notify 
                the individual subject to the search of the 
                transmission.
          (3) Exceptions.--The Commissioner may withhold the 
        notifications required under paragraphs (1)(C) and (2) if the 
        Commissioner determines, in the sole and unreviewable 
        discretion of the Commissioner, that the notifications would 
        impair national security, law enforcement, or other operational 
        interests.
          (4) Update and review.--The Commissioner shall review and 
        update every 3 years the standard operating procedures required 
        under this subsection.
          (5) Audits.--The Inspector General of the Department shall 
        develop and annually administer, during 2017, 2018, and 2019, 
        an auditing mechanism to review whether searches of electronic 
        devices at or between United States ports of entry are being 
        conducted in conformity with the standard operating procedures 
        required under paragraph (1)(A). Audits shall be submitted to 
        the Committee on Homeland Security of the House of 
        Representatives and the Committee on Homeland Security and 
        Governmental Affairs of the Senate and shall include the 
        following:
                  (A) A description of the activities of officers and 
                agents of U.S. Customs and Border Protection with 
                respect to the searches.
                  (B) The number of searches.
                  (C) The number of instances in which information 
                contained in devices that were subjected to searches 
                was retained, copied, shared, or entered in an 
                electronic database.
                  (D) The number of devices detained as the result of 
                searches.
                  (E) The number of instances in which information 
                collected from a device that was subjected to searches 
                was transmitted to another Federal agency, including 
                whether the transmission resulted in a prosecution or 
                conviction.
          (6) Requirements regarding other notifications.--The standard 
        operating procedures established pursuant to paragraph (1)(B) 
        shall require--
                  (A) in the case of an incident of the use of deadly 
                force by U.S. Customs and Border Protection personnel, 
                the Commissioner to notify the Committee on Homeland 
                Security of the House of Representatives and the 
                Committee on Homeland Security and Governmental Affairs 
                of the Senate; and
                  (B) the Commissioner to provide to those committees a 
                copy of the evaluation pursuant to paragraph (1)(D) not 
                later than 30 days after completion of the evaluation.
          (7) Report on unmanned aerial systems.--The Commissioner 
        shall submit to the Committee on Homeland Security of the House 
        of Representatives and the Committee on Homeland Security and 
        Governmental Affairs of the Senate, during 2017, 2018, and 
        2019, an annual report that reviews whether the use of unmanned 
        aerial systems is being conducted in conformity with the 
        standard operating procedures required under paragraph (1)(E). 
        The report--
                  (A) shall be submitted with the President's annual 
                budget;
                  (B) may be submitted in classified form if the 
                Commissioner determines that it is appropriate; and
                  (C) shall include--
                          (i) a detailed description of how, where, and 
                        for how long data and images collected through 
                        the use of unmanned aerial systems by U.S. 
                        Customs and Border Protection are collected and 
                        stored; and
                          (ii) a list of Federal, State, and local law 
                        enforcement agencies that submitted mission 
                        requests in the previous year and the 
                        disposition of the requests.
  (d) Training.--The Commissioner shall require all officers and agents 
of U.S. Customs and Border Protection to participate in a specified 
amount of continuing education (to be determined by the Commissioner) 
to maintain an understanding of Federal legal rulings, court decisions, 
and departmental policies, procedures, and guidelines.
  (e) Short Term Detention Standards.--
          (1) Definition of short term detention.--In this subsection, 
        the term ``short term detention'' means detention in a U.S. 
        Customs and Border Protection processing center for 72 hours or 
        less, before repatriation to a country of nationality or last 
        habitual residence.
          (2) Access to food and water.--The Commissioner shall make 
        every effort to ensure that adequate access to food and water 
        is provided to an individual apprehended and detained at or 
        between a United States port of entry as soon as practicable 
        following the time of the apprehension or during subsequent 
        short term detention.
          (3) Access to information on detainee rights at border patrol 
        processing centers.--
                  (A) In general.--The Commissioner shall ensure that 
                an individual apprehended by a U.S. Border Patrol agent 
                or an Office of Field Operations officer is provided 
                with information concerning the individual's rights, 
                including the right to contact a representative of the 
                individual's government for purposes of United States 
                treaty obligations.
                  (B) How information is to be provided.--The 
                information referred to in subparagraph (A) may be 
                provided either orally or in writing, and shall be 
                posted in the detention holding cell in which the 
                individual is being held. The information shall be 
                provided in a language understandable to the 
                individual.
          (4) Daytime repatriation.--When practicable, repatriations 
        shall be limited to daylight hours and avoid locations that are 
        determined to have high indices of crime and violence.
          (5) Report on procurement process and standards.--Not later 
        than 180 days after February 24, 2016, the Comptroller General 
        shall submit to the Committee on Homeland Security of the House 
        of Representatives and the Committee on Homeland Security and 
        Governmental Affairs of the Senate a report on the procurement 
        process and standards of entities with which U.S. Customs and 
        Border Protection has contracts for the transportation and 
        detention of individuals apprehended by agents or officers of 
        U.S. Customs and Border Protection. The report should also 
        consider the operational efficiency of contracting the 
        transportation and detention of those individuals.
          (6) Report on inspections of short term custody facilities.--
        The Commissioner shall--
                  (A) annually inspect all facilities utilized for 
                short term detention; and
                  (B) make publicly available information collected 
                pursuant to the inspections, including information 
                regarding the requirements under paragraphs (2) and 
                (3), and, where appropriate, issue recommendations to 
                improve the conditions of the facilities.
  (f) Wait Times Transparency.--
          (1) In general.--The Commissioner shall--
                  (A) publish live wait times at the 20 United States 
                airports that support the highest volume of 
                international travel (as determined by available 
                Federal flight data);
                  (B) make information about the wait times available 
                to the public in real time through the U.S. Customs and 
                Border Protection website;
                  (C) submit to the Committee on Homeland Security of 
                the House of Representatives and the Committee on 
                Homeland Security and Governmental Affairs of the 
                Senate, during 2017, 2018, 2019, 2020, and 2021, a 
                report that includes compilations of all those wait 
                times and a ranking of those United States airports by 
                wait times; and
                  (D) provide adequate staffing at the U.S. Customs and 
                Border Protection information center to ensure timely 
                access for travelers attempting to submit comments or 
                speak with a representative about their entry 
                experiences.
          (2) Calculation.--The wait times referred to in paragraph 
        (1)(A) shall be determined by calculating the time elapsed 
        between an individual's entry into the U.S. Customs and Border 
        Protection inspection area and the individual's clearance by a 
        U.S. Customs and Border Protection officer.
  (g) Continued Submission of Reports to Committees.--The Commission 
shall continue to submit to the Committee on Homeland Security and the 
Committee on Ways and Means of the House of Representatives and the 
Committee on Homeland Security and Governmental Affairs and the 
Committee on Finance of the Senate any report required to be submitted 
on February 23, 2016, under any provision of law.
  (h) Authority of Other Federal Agencies Not Affected.--Nothing in 
this section may be construed as affecting in any manner the authority, 
which existed on February 23, 2016, of any other Federal agency or 
component of the Department.
Sec. 10903. Limitation on reorganization of functions and units
  The authority provided by section 1502 of the Homeland Security Act 
of 2002 (Public Law 107-296, 116 Stat. 2308) may be used to reorganize 
functions or organizational units in U.S. Immigration and Customs 
Enforcement or U. S. Citizenship and Immigration Services, but may not 
be used to recombine U.S. Immigration and Customs Enforcement and U.S. 
Citizenship and Immigration Services into a single agency or otherwise 
to combine, join, or consolidate functions or organizational units of 
U.S. Immigration and Customs Enforcement and U.S. Citizenship and 
Immigration Services with each other.
Sec. 10904. Employee discipline
  The Secretary may impose disciplinary action on an employee of U.S. 
Immigration and Customs Enforcement and U.S. Customs and Border 
Protection who willfully deceives Congress or agency leadership on any 
matter.

              Subchapter II--Customs and Border Protection

Sec. 10911. Definition of customs revenue function
  In this subchapter, the term ``customs revenue function'' means the 
following:
          (1) Assessing and collecting customs duties (including 
        antidumping and countervailing duties and duties imposed under 
        safeguard provisions), excise taxes, fees, and penalties due on 
        imported merchandise, including classifying and valuing 
        merchandise for purposes of assessment.
          (2) Processing and denial of entry of persons, baggage, 
        cargo, and mail, with respect to the assessment and collection 
        of import duties.
          (3) Detecting and apprehending persons engaged in fraudulent 
        practices designed to circumvent the customs laws of the United 
        States.
          (4) Enforcing section 337 of the Tariff Act of 1930 (19 
        U.S.C. 1337) and provisions relating to import quotas and the 
        marking of imported merchandise, and providing Customs 
        Recordations for copyrights, patents, and trademarks.
          (5) Collecting accurate import data for compilation of 
        international trade statistics.
          (6) Enforcing reciprocal trade agreements.
          (7) Functions performed by the following personnel, and 
        associated support staff, of U. S. Customs and Border 
        Protection on January 23, 2003:
                  (A) Import Specialists.
                  (B) Entry Specialists.
                  (C) Drawback Specialists.
                  (D) National Import Specialists.
                  (E) Fines and Penalties Specialists.
                  (F) Attorneys of the Office of Regulations and 
                Rulings.
                  (G) Customs Auditors.
                  (H) International Trade Specialists.
                  (I) Financial Systems Specialists.
          (8) Functions performed by the following offices, with 
        respect to any function described in any of paragraphs (1) 
        through (7), and associated support staff, of the United States 
        Customs Service on January 23, 2003, and of U.S. Customs and 
        Border Protection on February 23, 2016:
                  (A) Office of Information and Technology.
                  (B) Office of Laboratory Services.
                  (C) Office of the Chief Counsel.
                  (D) Office of Congressional Affairs.
                  (E) Office of International Affairs.
                  (F) Office of Training and Development.
Sec. 10912. Retention of customs revenue functions by Secretary of the 
                    Treasury
  (a) Retention of Customs Revenue Functions by Secretary of the 
Treasury.--
          (1) Retention of authority.--Notwithstanding section 
        10901(b)(1) of this title, authority relating to customs 
        revenue functions that was vested in the Secretary of the 
        Treasury by law before January 24, 2003, under those provisions 
        of law set forth in paragraph (2) shall not be transferred to 
        the Secretary by reason of the Homeland Security Act of 2002 
        (Public Law 107-296, 116 Stat. 2135) and, on and after January 
        24, 2004, the Secretary of the Treasury may delegate that 
        authority to the Secretary at the discretion of the Secretary 
        of the Treasury. The Secretary of the Treasury shall consult 
        with the Secretary regarding the exercise of authority not 
        delegated to the Secretary.
          (2) Statutes.--The provisions of law referred to in paragraph 
        (1) are the following:
                  (A) Section 249 of the Revised Statutes of the United 
                States (19 U.S.C. 3).
                  (B) Section 2 of the Act of March 4, 1923 (19 U.S.C. 
                6).
                  (C) Section 13031 of the Consolidated Omnibus Budget 
                Reconciliation Act of 1985 (19 U.S.C. 58c).
                  (D) Section 251 of the Revised Statutes of the United 
                States (19 U.S.C. 66).
                  (E) Section 1 of the Act of June 26, 1930 (19 U.S.C. 
                68).
                  (F) The Act of June 18, 1934 (known as the ``Foreign 
                Trade Zones Act'') (19 U.S.C. 81a et seq.).
                  (G) Section 1 of the Act of March 2, 1911 (19 U.S.C. 
                198).
                  (H) The Tariff Act of 1930 (19 U.S.C. 1202 et seq.).
                  (I) The Trade Act of 1974 (19 U.S.C. 2101 et seq.).
                  (J) The Trade Agreements Act of 1979 (19 U.S.C. 2501 
                et seq.).
                  (K) The Caribbean Basin Economic Recovery Act (19 
                U.S.C. 2701 et seq.).
                  (L) The Andean Trade Preference Act (19 U.S.C. 3201 
                et seq.).
                  (M) The North American Free Trade Agreement 
                Implementation Act (19 U.S.C. 3311 et seq.).
                  (N) The Uruguay Round Agreements Act (19 U.S.C. 3501 
                et seq.).
                  (O) The African Growth and Opportunity Act (19 U.S.C. 
                3701 et seq.).
                  (P) Any other provision of law vesting customs 
                revenue functions in the Secretary of the Treasury.
  (b) Maintenance of Customs Revenue Functions.--
          (1) Maintenance of functions.--Notwithstanding any other 
        provision of this subtitle, the Secretary may not consolidate, 
        discontinue, or diminish those functions described in paragraph 
        (2) performed by U.S. Customs and Border Protection on or after 
        January 24, 2003, reduce the staffing level, or reduce the 
        resources attributable to the functions, and the Secretary 
        shall ensure that an appropriate management structure is 
        implemented to carry out the functions.
          (2) Functions.--The functions referred to in paragraph (1) 
        are those functions performed by the following personnel, and 
        associated support staff, of U. S. Customs and Border 
        Protection on January 23, 2003:
                  (A) Import Specialists.
                  (B) Entry Specialists.
                  (C) Drawback Specialists.
                  (D) National Import Specialists.
                  (E) Fines and Penalties Specialists.
                  (F) Attorneys of the Office of Regulations and 
                Rulings.
                  (G) Customs Auditors.
                  (H) International Trade Specialists.
                  (I) Financial Systems Specialists.
  (c) New Personnel.--The Secretary of the Treasury may appoint up to 
20 new personnel to work with personnel of the Department in performing 
customs revenue functions.
Sec. 10913. Preservation of customs funds
  Notwithstanding any other provision of this subtitle, no funds 
collected under section 13031(a) (1) through (8) of the Consolidated 
Omnibus Budget Reconciliation Act of 1985 (19 U.S.C. 58c(a)(1) through 
(8)) may be transferred for use by another agency or office in the 
Department.
Sec. 10914. Separate budget request for U.S. Customs and Border 
                    Protection
  (a) In General.--The President shall include in each budget 
transmitted to Congress under section 1105 of title 31 a separate 
budget request for U.S. Customs and Border Protection.
  (b) Five-Year Plan for Land Border Port of Entry Projects.--The 
annual budget submission of U. S. Customs and Border Protection for 
``Construction and Facilities Management'' shall, in consultation with 
the General Services Administration, include a detailed 5-year plan for 
all Federal land border port-of-entry projects, with a yearly update of 
total projected future funding needs delineated by Federal land border 
port of entry.
Sec. 10915. Allocation of resources by the Secretary
  (a) Definition of Customs Revenue Services.--In this section, the 
term ``customs revenue services'' means those customs revenue functions 
described in section 10911(1) through (6) and (8) of this title.
  (b) In General.--The Secretary shall ensure that adequate staffing is 
provided to ensure that levels of customs revenue services provided on 
January 23, 2003, shall continue to be provided.
  (c) Notification of Congress.--The Secretary shall notify the 
Committee on Ways and Means of the House of Representatives and the 
Committee on Finance of the Senate at least 90 days prior to taking an 
action that would--
          (1) result in a significant reduction in customs revenue 
        services, including hours of operation, provided at an office 
        within the Department or a port of entry;
          (2) eliminate or relocate an office of the Department that 
        provides customs revenue services; or
          (3) eliminate a port of entry.
Sec. 10916. Methamphetamine and methamphetamine precursor chemicals
  (a) Definition of Methamphetamine Precursor Chemicals.--In this 
section, the term ``methamphetamine precursor chemicals'' means the 
chemicals ephedrine, pseudoephedrine, or phenylpropanolamine, including 
each of the salts, optical isomers, and salts of optical isomers of the 
chemicals.
  (b) Compliance with Performance Plan Requirements.--As part of the 
annual performance plan required in the budget submission of U.S. 
Customs and Border Protection under section 1115 of title 31, the 
Commissioner shall establish performance indicators relating to the 
seizure of methamphetamine and methamphetamine precursor chemicals in 
order to evaluate the performance goals of U.S. Customs and Border 
Protection with respect to the interdiction of illegal drugs entering 
the United States.
  (c) Study and Report Relating to Methamphetamine and Methamphetamine 
Precursor Chemicals.--
          (1) Analysis.--The Commissioner shall, on an ongoing basis, 
        analyze the movement of methamphetamine and methamphetamine 
        precursor chemicals into the United States. In conducting the 
        analysis, the Commissioner shall--
                  (A) consider the entry of methamphetamine and 
                methamphetamine precursor chemicals through ports of 
                entry, between ports of entry, through international 
                mails, and through international courier services;
                  (B) examine the export procedures of each foreign 
                country where the shipments of methamphetamine and 
                methamphetamine precursor chemicals originate and 
                determine if changes in the country's customs overtime 
                provisions would alleviate the export of 
                methamphetamine and methamphetamine precursor 
                chemicals; and
                  (C) identify emerging trends in smuggling techniques 
                and strategies.
          (2) Report.--Not later than September 30 of each odd-numbered 
        year, the Commissioner, in consultation with the Attorney 
        General, United States Immigration and Customs Enforcement, the 
        United States Drug Enforcement Administration, and the United 
        States Department of State, shall submit a report to the 
        Committee on Finance of the Senate, the Committee on Foreign 
        Relations of the Senate, the Committee on the Judiciary of the 
        Senate, the Committee on Ways and Means of the House of 
        Representatives, the Committee on Foreign Affairs of the House 
        of Representatives, and the Committee on the Judiciary of the 
        House of Representatives, that includes--
                  (A) a comprehensive summary of the analysis described 
                in paragraph (1); and
                  (B) a description of how U.S. Customs and Border 
                Protection utilized the analysis described in paragraph 
                (1) to target shipments presenting a high risk for 
                smuggling or circumvention of the Combat 
                Methamphetamine Epidemic Act of 2005 (Public Law 109-
                177, title VII, 120 Stat. 256).
          (3) Availability of analysis.--The Commissioner shall ensure 
        that the analysis described in paragraph (1) is made available 
        in a timely manner to the Secretary of State to facilitate the 
        Secretary in fulfilling the Secretary's reporting requirements 
        in section 722 of the Combat Methamphetamine Epidemic Act of 
        2005 (Public Law 109-177, title VII, 120 Stat. 268).
Sec. 10917. Polygraph and background examinations for law enforcement 
                    personnel of U.S. Customs and Border Protection
  (a) In General.--The Secretary shall ensure that--
          (1) all applicants for law enforcement positions with U.S. 
        Customs and Border Protection (except as provided in subsection 
        (b)) receive polygraph examinations before being hired for a 
        position; and
          (2) U.S. Customs and Border Protection initiates all periodic 
        background reinvestigations for all law enforcement personnel 
        of U.S. Customs and Border Protection who should receive 
        periodic background reinvestigations pursuant to relevant 
        policies of U.S. Customs and Border Protection in effect on 
        January 3, 2011.
  (b) Waiver.--The Commissioner of U.S. Customs and Border Protection 
may waive the polygraph examination requirement under subsection (a)(1) 
for any applicant who--
          (1) is considered suitable for employment;
          (2) holds a current, active Top Secret/Sensitive 
        Compartmented Information Clearance;
          (3) has a current Single Scope Background Investigation;
          (4) was not granted any waivers to obtain his or her 
        clearance; and
          (5) is a veteran (as defined in section 2108 of title 5).
Sec. 10918. Fees authorized for Advanced Training Center
  U.S. Customs and Border Protection's Advanced Training Center may 
charge fees for a service and/or thing of value it provides to Federal 
Government or non-government entities or individuals, so long as the 
fees charged do not exceed the full costs associated with the service 
or thing of value provided. Notwithstanding 31 U.S.C. 3302(b), fees 
collected by the Advanced Training Center--
          (1) shall be deposited in a separate account entitled 
        ``Advanced Training Center Revolving Fund;
          (2) are available, without further appropriations, for 
        necessary expenses of the Advanced Training Center program; and
          (3) remain available until expended.
Sec. 10919. Border security metrics
  (a) Definitions.--In this section:
          (1) Appropriate congressional committees.--The term 
        ``appropriate congressional committees'' means--
                  (A) the Committee on Homeland Security and 
                Governmental Affairs of the Senate; and
                  (B) the Committee on Homeland Security of the House 
                of Representatives.
          (2) Consequence delivery system.--The term ``Consequence 
        Delivery System'' means the series of consequences applied by 
        the U.S. Border Patrol in collaboration with other Federal 
        agencies to individuals unlawfully entering the United States, 
        to prevent unlawful border crossing recidivism.
          (3) Got away.--The term ``got away'' means an unlawful border 
        crosser who--
                  (A) is directly or indirectly observed making an 
                unlawful entry into the United States;
                  (B) is not apprehended; and
                  (C) is not a turn back.
          (4) Known maritime migrant flow.--The term ``known maritime 
        migrant flow'' means the sum of the number of undocumented 
        migrants--
                  (A) interdicted in the waters over which the United 
                States has jurisdiction;
                  (B) identified at sea either directly or indirectly, 
                but not interdicted; or
                  (C) if not described in subparagraph (A) or (B), who 
                were otherwise reported, with a significant degree of 
                certainty, as having entered, or attempted to enter, 
                the United States through the maritime border.
          (5) Major violator.--The term ``major violator'' means a 
        person or entity that has engaged in serious criminal 
        activities at any land, air, or sea port of entry, including 
        the following:
                  (A) Possession of illicit drugs.
                  (B) Smuggling of prohibited products.
                  (C) Human smuggling.
                  (D) Possession of illegal weapons.
                  (E) Use of fraudulent documents.
                  (F) Any other offense that is serious enough to 
                result in an arrest.
          (6) Situational awareness.--The term ``situational 
        awareness'' means knowledge and understanding of current 
        unlawful cross-border activity, including the following:
                  (A) Threats and trends concerning illicit trafficking 
                and unlawful crossings.
                  (B) The ability to forecast future shifts in those 
                threats and trends.
                  (C) The ability to evaluate those threats and trends 
                at a level sufficient to create actionable plans.
                  (D) The operational capability to conduct persistent 
                and integrated surveillance of the international 
                borders of the United States.
          (7) Transit zone.--The term ``transit zone'' means the sea 
        corridors of the western Atlantic Ocean, the Gulf of Mexico, 
        the Caribbean Sea, and the eastern Pacific Ocean through which 
        undocumented migrants and illicit drugs transit, either 
        directly or indirectly, to the United States.
          (8) Turn back.--The term ``turn back'' means an unlawful 
        border crosser who, after making an unlawful entry into the 
        United States, responds to United States enforcement efforts by 
        returning promptly to the country from which the crosser 
        entered.
          (9) Unlawful border crossing effectiveness rate.--The term 
        ``unlawful border crossing effectiveness rate'' means the 
        percentage that results from dividing the number of 
        apprehensions and turn backs by the sum of the number of 
        apprehensions, estimated undetected unlawful entries, turn 
        backs, and got aways.
          (10) Unlawful entry.--The term ``unlawful entry'' means an 
        unlawful border crosser who enters the United States and is not 
        apprehended by a border security component of the Department.
  (b) Metrics for Securing the Border Between Ports of Entry.--
          (1) In general.--Not later than 180 days after December 23, 
        2016, the Secretary shall develop metrics, informed by 
        situational awareness, to measure the effectiveness of security 
        between ports of entry. The Secretary shall annually implement 
        the metrics developed under this subsection, which shall 
        include the following:
                  (A) Estimates, using alternative methodologies where 
                appropriate, including recidivism data, survey data, 
                known-flow data, and technologically measured data, of 
                the following:
                          (i) The rate of apprehension of attempted 
                        unlawful border crossers.
                          (ii) The number of detected unlawful entries.
                          (iii) The number of estimated undetected 
                        unlawful entries.
                          (iv) Turn backs.
                          (v) Got aways.
                  (B) A measurement of situational awareness achieved 
                in each U.S. Border Patrol sector.
                  (C) An unlawful border crossing effectiveness rate in 
                each U.S. Border Patrol sector.
                  (D) A probability of detection rate, which compares 
                the estimated total unlawful border crossing attempts 
                not detected by U.S. Border Patrol to the unlawful 
                border crossing effectiveness rate under subparagraph 
                (C), as informed by subparagraph (A).
                  (E) The number of apprehensions in each U.S. Border 
                Patrol sector.
                  (F) The number of apprehensions of unaccompanied 
                alien children, and the nationality of the children, in 
                each U.S. Border Patrol sector.
                  (G) The number of apprehensions of family units, and 
                the nationality of the family units, in each U.S. 
                Border Patrol sector.
                  (H) An illicit drugs seizure rate for drugs seized by 
                the U.S. Border Patrol between ports of entry, which 
                compares the ratio of the amount and type of illicit 
                drugs seized between ports of entry in any fiscal year 
                to the average of the amount and type of illicit drugs 
                seized between ports of entry in the immediately 
                preceding 5 fiscal years.
                  (I) Estimates of the impact of the Consequence 
                Delivery System on the rate of recidivism of unlawful 
                border crossers over multiple fiscal years.
                  (J) An examination of each consequence under the 
                Consequence Delivery System referred to in subparagraph 
                (I), including the following:
                          (i) Voluntary return.
                          (ii) Warrant of arrest or notice to appear.
                          (iii) Expedited removal.
                          (iv) Reinstatement of removal.
                          (v) Alien transfer exit program.
                          (vi) Criminal consequence program.
                          (vii) Standard prosecution.
                          (viii) Operation Against Smugglers Initiative 
                        on Safety and Security.
          (2) Metrics consultation.--To ensure that authoritative data 
        sources are utilized in the development of the metrics 
        described in paragraph (1), the Secretary shall--
                  (A) consult with the heads of the appropriate 
                components of the Department; and
                  (B) where appropriate, consult with the heads of 
                other agencies, including the Office of Refugee 
                Resettlement of the Department of Health and Human 
                Services and the Executive Office for Immigration 
                Review of the Department of Justice.
          (3) Manner of collection.--The data collected to inform the 
        metrics developed in accordance with paragraph (1) shall be 
        collected and reported in a consistent and standardized manner 
        across all U.S. Border Patrol sectors, informed by situational 
        awareness.
  (c) Metrics for Securing the Border at Ports of Entry.--
          (1) In general.-- Not later than 180 days after December 23, 
        2016, the Secretary shall develop metrics, informed by 
        situational awareness, to measure the effectiveness of security 
        at ports of entry. The Secretary shall annually implement the 
        metrics developed under this subsection, which shall include 
        the following:
                  (A) Estimates, using alternative methodologies where 
                appropriate, including recidivism data, survey data, 
                and randomized secondary screening data, of the 
                following:
                          (i) Total inadmissible travelers who attempt 
                        to, or successfully, enter the United States at 
                        a port of entry.
                          (ii) The rate of refusals and interdictions 
                        for travelers who attempt to, or successfully, 
                        enter the United States at a port of entry.
                          (iii) The number of unlawful entries at a 
                        port of entry.
                  (B) The amount and type of illicit drugs seized by 
                the Office of Field Operations of U.S. Customs and 
                Border Protection at ports of entry during the previous 
                fiscal year.
                  (C) An illicit drugs seizure rate for drugs seized by 
                the Office of Field Operations, which compares the 
                ratio of the amount and type of illicit drugs seized by 
                the Office of Field Operations in any fiscal year to 
                the average of the amount and type of illicit drugs 
                seized by the Office of Field Operations in the 
                immediately preceding 5 fiscal years.
                  (D) The number of infractions related to travelers 
                and cargo committed by major violators who are 
                interdicted by the Office of Field Operations at ports 
                of entry, and the estimated number of those infractions 
                committed by major violators who are not so 
                interdicted.
                  (E) In consultation with the heads of the Office of 
                National Drug Control Policy and the United States 
                Southern Command, a cocaine seizure effectiveness rate, 
                which is the percentage resulting from dividing the 
                amount of cocaine seized by the Office of Field 
                Operations by the total estimated cocaine flow rate at 
                ports of entry along the United States land border with 
                Mexico and Canada.
                  (F) A measurement of how border security operations 
                affect crossing times, including the following:
                          (i) A wait time ratio that compares the 
                        average wait times to total commercial and 
                        private vehicular traffic volumes at each land 
                        port of entry.
                          (ii) An infrastructure capacity utilization 
                        rate that measures traffic volume against the 
                        physical and staffing capacity at each land 
                        port of entry.
                          (iii) A secondary examination rate that 
                        measures the frequency of secondary 
                        examinations at each land port of entry.
                          (iv) An enforcement rate that measures the 
                        effectiveness of the secondary examinations at 
                        detecting major violators.
                  (G) A seaport scanning rate that includes the 
                following:
                          (i) The number of all cargo containers that 
                        are considered potentially high-risk, as 
                        determined by the Executive Assistant 
                        Commissioner of the Office of Field Operations.
                          (ii) A comparison of the number of 
                        potentially high-risk cargo containers scanned 
                        by the Office of Field Operations at each sea 
                        port of entry during a fiscal year to the total 
                        number of high-risk cargo containers entering 
                        the United States at each such sea port of 
                        entry during the previous fiscal year.
                          (iii) The number of potentially high-risk 
                        cargo containers scanned on arrival at a United 
                        States sea port of entry.
                          (iv) The number of potentially high-risk 
                        cargo containers scanned before arrival at a 
                        United States sea port of entry.
          (2) Metrics consultation.--To ensure that authoritative data 
        sources are utilized in the development of the metrics 
        described in paragraph (1), the Secretary shall--
                  (A) consult with the heads of the appropriate 
                components of the Department; and
                  (B) where appropriate, work with heads of other 
                appropriate agencies, including the Office of Refugee 
                Resettlement of the Department of Health and Human 
                Services and the Executive Office for Immigration 
                Review of the Department of Justice.
          (3) Manner of collection.--The data collected to inform the 
        metrics developed in accordance with paragraph (1) shall be 
        collected and reported in a consistent and standardized manner 
        across all United States ports of entry, informed by 
        situational awareness.
  (d) Metrics For Securing the Maritime Border.--
          (1) In general.-- Not later than 180 days after December 23, 
        2016, the Secretary shall develop metrics, informed by 
        situational awareness, to measure the effectiveness of security 
        in the maritime environment. The Secretary shall annually 
        implement the metrics developed under this subsection, which 
        shall include the following:
                  (A) Situational awareness achieved in the maritime 
                environment.
                  (B) A known maritime migrant flow rate.
                  (C) An illicit drugs removal rate for drugs removed 
                inside and outside of a transit zone, which compares 
                the amount and type of illicit drugs removed, including 
                drugs abandoned at sea, by the maritime security 
                components of the Department of Homeland Security in 
                any fiscal year to the average of the amount and type 
                of illicit drugs removed by the maritime components for 
                the immediately preceding 5 fiscal years.
                  (D) In consultation with the heads of the Office of 
                National Drug Control Policy and the United States 
                Southern Command, a cocaine removal effectiveness rate 
                for cocaine removed inside a transit zone and outside a 
                transit zone, which compares the amount of cocaine 
                removed by the maritime security components of the 
                Department of Homeland Security to the total documented 
                cocaine flow rate, as contained in Federal drug 
                databases.
                  (E) A response rate, which compares the ability of 
                the maritime security components of the Department of 
                Homeland Security to respond to and resolve known 
                maritime threats, whether inside or outside a transit 
                zone, by placing assets on-scene, to the total number 
                of events with respect to which the Department has 
                known threat information.
                  (F) An intergovernmental response rate, which 
                compares the ability of the maritime security 
                components of the Department or other United States 
                Government entities to respond to and resolve 
                actionable maritime threats, whether inside or outside 
                a transit zone, with the number of those threats 
                detected.
          (2) Metrics consultation.--To ensure that authoritative data 
        sources are utilized in the development of the metrics 
        described in paragraph (1), the Secretary shall--
                  (A) consult with the heads of the appropriate 
                components of the Department; and
                  (B) where appropriate, work with the heads of other 
                agencies, including the Drug Enforcement Agency, the 
                Department of Defense, and the Department of Justice.
          (3) Methods of collection.--The data used by the Secretary 
        shall be collected and reported in a consistent and 
        standardized manner by the maritime security components of the 
        Department, informed by situational awareness.
  (e) Air and Marine Security Metrics in the Land Domain.--
          (1) In general.--Not later than 180 days after December 23, 
        2016, the Secretary shall develop metrics, informed by 
        situational awareness, to measure the effectiveness of the 
        aviation assets and operations of Air and Marine Operations of 
        U.S. Customs and Border Protection. The Secretary shall 
        annually implement the metrics developed under this subsection, 
        which shall include the following:
                  (A) A flight hour effectiveness rate, which compares 
                Air and Marine Operations flight hours requirements to 
                the number of flight hours flown by Air and Marine 
                Operations.
                  (B) A funded flight hour effectiveness rate, which 
                compares the number of funded flight hours appropriated 
                to Air and Marine Operations to the number of actual 
                flight hours flown by Air and Marine Operations.
                  (C) A readiness rate, which compares the number of 
                aviation missions flown by Air and Marine Operations to 
                the number of aviation missions cancelled by Air and 
                Marine Operations due to maintenance, operations, or 
                other causes.
                  (D) The number of missions cancelled by Air and 
                Marine Operations due to weather compared to the total 
                planned missions.
                  (E) The number of individuals detected by Air and 
                Marine Operations through the use of unmanned aerial 
                systems and manned aircraft.
                  (F) The number of apprehensions assisted by Air and 
                Marine Operations through the use of unmanned aerial 
                systems and manned aircraft.
                  (G) The number and quantity of illicit drug seizures 
                assisted by Air and Marine Operations through the use 
                of unmanned aerial systems and manned aircraft.
                  (H) The number of times that actionable intelligence 
                related to border security was obtained through the use 
                of unmanned aerial systems and manned aircraft.
          (2) Metrics consultation.--To ensure that authoritative data 
        sources are utilized in the development of the metrics 
        described in paragraph (1), the Secretary shall--
                  (A) consult with the heads of the appropriate 
                components of the Department; and
                  (B) as appropriate, work with the heads of other 
                departments and agencies, including the Department of 
                Justice.
          (3) Manner of collection.--The data collected to inform the 
        metrics developed in accordance with paragraph (1) shall be 
        collected and reported in a consistent and standardized manner 
        by Air and Marine Operations, informed by situational 
        awareness.
  (f) Data Transparency.--The Secretary shall--
          (1) in accordance with applicable privacy laws, make data 
        relating to apprehensions, inadmissible aliens, drug seizures, 
        and other enforcement actions available to the public, law 
        enforcement communities, and academic research communities; and
          (2) provide the Office of Immigration Statistics of the 
        Department with unfettered access to the data referred to in 
        paragraph (1).
  (g) Evaluations by Government Accountability Office and Secretary.--
          (1) Metric Report.--
                  (A) Mandatory disclosures.--The Secretary shall 
                submit to the appropriate congressional committees and 
                the Comptroller General an annual report containing the 
                metrics required under this section and the data and 
                methodology used to develop the metrics.
                  (B) Permissible disclosures.--The Secretary, for the 
                purpose of validation and verification, may submit the 
                annual report described in subparagraph (A) to--
                          (i) the Center for Borders, Trade, and 
                        Immigration Research of the Centers of 
                        Excellence network of the Department;
                          (ii) the head of a national laboratory in the 
                        Department laboratory network with prior 
                        expertise in border security; and
                          (iii) a federally funded research and 
                        development center.
          (2) Government accountability office report.--Not later than 
        270 days after receiving the first report under paragraph 
        (1)(A) and biennially thereafter for the following 10 years 
        with respect to every other report, the Comptroller General 
        shall submit to the appropriate congressional committees a 
        report that--
                  (A) analyzes the suitability and statistical validity 
                of the data and methodology contained in each report; 
                and
                  (B) includes recommendations on--
                          (i) the feasibility of other suitable metrics 
                        that may be used to measure the effectiveness 
                        of border security; and
                          (ii) improvements that need to be made to the 
                        metrics being used to measure the effectiveness 
                        of border security.
          (3) State of the border report.--Not later than 60 days after 
        the end of each fiscal year through fiscal year 2026, the 
        Secretary shall submit to the appropriate congressional 
        committees a State of the Border report that--
                  (A) provides trends for each metric under this 
                section for the last 10 fiscal years, to the greatest 
                extent possible;
                  (B) provides selected analysis into related aspects 
                of illegal flow rates, including undocumented migrant 
                flows and stock estimation techniques;
                  (C) provides selected analysis into related aspects 
                of legal flow rates; and
                  (D) includes any other information that the Secretary 
                determines appropriate.
          (4) Metrics update.--
                  (A) In general.--After submitting the 10th report to 
                the Comptroller General under paragraph (1), the 
                Secretary may reevaluate and update any of the metrics 
                developed in accordance with this section to ensure 
                that the metrics are suitable to measure the 
                effectiveness of border security.
                  (B) Congressional notification.--Not later than 30 
                days before updating the metrics pursuant to 
                subparagraph (A), the Secretary shall notify the 
                appropriate congressional committees of the updates.
Sec. 10920. Trusted traveler program
  The Secretary may not enter into or renew an agreement with the 
government of a foreign country for a trusted traveler program 
administered by U.S. Customs and Border Protection unless the Secretary 
certifies in writing that the government--
          (1) routinely submits to INTERPOL for inclusion in INTERPOL's 
        Stolen and Lost Travel Documents database information about 
        lost and stolen passports and travel documents of the citizens 
        and nationals of the country; or
          (2) makes available to the United States Government the 
        information described in paragraph (1) through another means of 
        reporting.
Sec. 10921. Hiring members of the armed forces separating from military 
                    service
  (a) Expedited Hiring.--The Secretary shall consider the expedited 
hiring of qualified candidates who have the ability to perform the 
essential functions of the position of a U.S. Customs and Border 
Protection officer and who are eligible for a veterans recruitment 
appointment authorized under section 4214 of title 38.
  (b) Enhanced Recruiting Efforts.--The Secretary, in consultation with 
the Secretary of Defense, and acting through existing programs, 
authorities, and agreements, where applicable, shall enhance the 
efforts of the Department to recruit members of the armed forces who 
are separating from military service to serve as U.S. Customs and 
Border Protection officers. The enhanced recruiting efforts shall--
          (1) include U.S. Customs and Border Protection officer 
        opportunities in relevant job assistance efforts under the 
        Transition Assistance Program;
          (2) place U.S. Customs and Border Protection officials or 
        other relevant Department officials at recruiting events and 
        jobs fairs involving members of the armed forces who are 
        separating from military service;
          (3) provide opportunities for local U.S. Customs and Border 
        Protection field offices to partner with military bases in the 
        region;
          (4) include outreach efforts to educate members of the armed 
        forces with Military Occupational Specialty Codes and Officer 
        Branches, Air Force Specialty Codes, Naval Enlisted 
        Classifications and Officer Designators, and Coast Guard 
        competencies that are transferable to the requirements, 
        qualifications, and duties assigned to U.S. Customs and Border 
        Protection officers of available hiring opportunities to become 
        U.S. Customs and Border Protection officers;
          (5) identify shared activities and opportunities for 
        reciprocity related to steps in hiring U.S. Customs and Border 
        Protection officers with the goal of minimizing the time 
        required to hire qualified applicants;
          (6) ensure the streamlined interagency transfer of relevant 
        background investigations and security clearances; and
          (7) include such other elements as may be necessary to ensure 
        that members of the armed forces who are separating from 
        military service are aware of opportunities to fill vacant U.S. 
        Customs and Border Protection officer positions.
  (c) Reports.--Not later than 180 days after October 16, 2015, and by 
December 31 of each of the next 3 years, the Secretary, in consultation 
with the Secretary of Defense, shall submit a report to the Committee 
on Homeland Security and the Committee on Armed Services of the House 
of Representatives and the Committee on Homeland Security and 
Governmental Affairs and the Committee on Armed Services of the Senate 
that includes a description and assessment of the efforts of the 
Department under this section to hire members of the armed forces who 
are separating from military service as U.S. Customs and Border 
Protection officers. The report shall include--
          (1) a detailed description of the efforts to implement 
        subsection (b), including--
                  (A) elements of the enhanced recruiting efforts and 
                the goals associated with those elements; and
                  (B) a description of how the elements and goals 
                referred to in subparagraph (A) will assist in meeting 
                statutorily mandated staffing levels and agency hiring 
                benchmarks;
          (2) a detailed description of the efforts that have been 
        undertaken under subsection (b);
          (3) the estimated number of separating service members made 
        aware of U.S. Customs and Border Protection officer vacancies;
          (4) the number of U.S. Customs and Border Protection officer 
        vacancies filled with separating service members; and
          (5) the number of U.S. Customs and Border Protection officer 
        vacancies filled with separating service members under veterans 
        recruitment appointments authorized under section 4214 of title 
        38.
  (d) Rules of Construction.--Nothing in this section may be 
construed--
          (1) as superseding, altering, or amending existing Federal 
        veterans' hiring preferences or Federal hiring authorities; or
          (2) to authorize the appropriation of additional amounts to 
        carry out this section.

           Subchapter III--Immigration Enforcement Functions

Sec. 10931. Transfer of functions
  The Secretary succeeds to the functions, personnel, assets, and 
liabilities of the following programs of the Commissioner of 
Immigration and Naturalization:
          (1) The Border Patrol program.
          (2) The detention and removal program.
          (3) The intelligence program.
          (4) The investigations program.
          (5) The inspections program.
Sec. 10932. Responsibilities of U.S. Immigration and Customs 
                    Enforcement officials
  (a) Assistant Secretary of Immigration and Customs Enforcement.--
          (1) Functions.--The Assistant Secretary of Immigration and 
        Customs Enforcement--
                  (A) shall establish the policies for performing 
                functions--
                          (i) transferred to the Secretary by section 
                        10931 of this title and delegated to the 
                        Assistant Secretary by the Secretary; or
                          (ii) otherwise vested in the Assistant 
                        Secretary by law;
                  (B) shall oversee the administration of the policies; 
                and
                  (C) shall advise the Secretary with respect to a 
                policy or operation of U.S. Immigration and Customs 
                Enforcement that may affect U.S. Citizenship and 
                Immigration Services established under subchapter IV of 
                this chapter, including potentially conflicting 
                policies or operations.
          (2) Program to collect information relating to foreign 
        students.--The Assistant Secretary of Immigration and Customs 
        Enforcement is responsible for administering the program to 
        collect information relating to nonimmigrant foreign students 
        and other exchange program participants described in section 
        641 of the Illegal Immigration Reform and Immigrant 
        Responsibility Act of 1996 (8 U.S.C. 1372), including the 
        Student and Exchange Visitor Information System established 
        under that section, and shall use the information to carry out 
        the enforcement functions of U.S. Immigration and Customs 
        Enforcement.
          (3) Managerial rotation program.--The Assistant Secretary of 
        Immigration and Customs Enforcement shall design and implement 
        a managerial rotation program under which employees of U.S. 
        Immigration and Customs Enforcement holding positions involving 
        supervisory or managerial responsibility and classified, in 
        accordance with chapter 51 of title 5, as a GS-14 or above, 
        shall--
                  (A) gain some experience in all the major functions 
                performed by U.S. Immigration and Customs Enforcement; 
                and
                  (B) work in at least one local office of U.S. 
                Immigration and Customs Enforcement.
  (b) Chief of Policy and Strategy.--
          (1) In general.--There is a Chief of Policy and Strategy for 
        U.S. Immigration and Customs Enforcement.
          (2) Functions.--In consultation with U.S. Immigration and 
        Customs Enforcement personnel in local offices, the Chief of 
        Policy and Strategy is responsible for--
                  (A) making policy recommendations and performing 
                policy research and analysis on immigration enforcement 
                issues; and
                  (B) coordinating immigration policy issues with the 
                Chief of Policy and Strategy for U.S. Citizenship and 
                Immigration Services, as appropriate.
  (c) Legal Advisor.--There is a principal legal advisor to the 
Assistant Secretary of Immigration and Customs Enforcement. The legal 
advisor shall provide specialized legal advice to the Assistant 
Secretary and shall represent U.S. Immigration and Customs Enforcement 
in all exclusion, deportation, and removal proceedings before the 
Executive Office for Immigration Review.
Sec. 10933. Professional responsibility and quality review
  The Secretary is responsible for--
          (1) conducting investigations of noncriminal allegations of 
        misconduct, corruption, and fraud involving an employee of U. 
        S. Immigration and Customs Enforcement that are not subject to 
        investigation by the Inspector General for the Department;
          (2) inspecting the operations of U. S. Immigration and 
        Customs Enforcement and providing assessments of the quality of 
        the operations of U. S. Immigration and Customs Enforcement as 
        a whole and each of its components; and
          (3) providing an analysis of the management of U.S. 
        Immigration and Customs Enforcement.
Sec. 10934. Annual report on cross-border tunnels
  (a) Definition of Congressional Committees.--In this section, the 
term ``congressional committees'' means--
          (1) the Committee on Homeland Security and Governmental 
        Affairs of the Senate;
          (2) the Committee on the Judiciary of the Senate;
          (3) the Committee on Appropriations of the Senate;
          (4) the Committee on Homeland Security of the House of 
        Representatives;
          (5) the Committee on the Judiciary of the House of 
        Representatives; and
          (6) the Committee on Appropriations of the House of 
        Representatives.
  (b) Content.--The Secretary shall submit an annual report to the 
congressional committees that includes a description of--
          (1) the cross-border tunnels along the border between Mexico 
        and the United States discovered during the preceding fiscal 
        year; and
          (2) the needs of the Department to effectively prevent, 
        investigate, and prosecute border tunnel construction along the 
        border between Mexico and the United States.

          Subchapter IV--Citizenship and Immigration Services

Sec. 10941. Transfer of functions to Director of U.S. Citizenship and 
                    Immigration Services
  The Director of U.S. Citizenship and Immigration Services succeeds to 
the following functions of the Commissioner of Immigration and 
Naturalization, and all personnel, infrastructure, and funding provided 
to the Commissioner in support of the functions immediately before 
March 1, 2003:
          (1) Adjudications of immigrant visa petitions.
          (2) Adjudications of naturalization petitions.
          (3) Adjudications of asylum and refugee applications.
          (4) Adjudications performed at service centers.
          (5) All other adjudications performed by the Immigration and 
        Naturalization Service immediately before March 1, 2003.
Sec. 10942. Responsibilities of U.S. Citizenship and Immigration 
                    Services officials
  (a) Director.--
          (1) Functions.--The Director of U.S. Citizenship and 
        Immigration Services--
                  (A) shall establish the policies for performing the 
                functions transferred to the Director by section 10941 
                of this title or the Homeland Security Act of 2002 
                (Public Law 107-296, 116 Stat. 2135) or otherwise 
                vested in the Director by law;
                  (B) shall oversee the administration of the policies;
                  (C) shall advise the Deputy Secretary of Homeland 
                Security with respect to a policy or operation of U.S. 
                Citizenship and Immigration Services that may affect 
                U.S. Immigration and Customs Enforcement, including 
                potentially conflicting policies or operations;
                  (D) shall establish national immigration services 
                policies and priorities;
                  (E) shall meet regularly with the Ombudsman described 
                in section 10943 of this title to correct serious 
                service problems identified by the Ombudsman; and
                  (F) shall establish procedures requiring a formal 
                response to recommendations submitted in the 
                Ombudsman's annual report to Congress within 3 months 
                after its submission to Congress.
          (2) Managerial rotation program.--The Director of U.S. 
        Citizenship and Immigration Services shall design and implement 
        a managerial rotation program under which employees of U.S. 
        Citizenship and Immigration Services holding positions 
        involving supervisory or managerial responsibility and 
        classified, in accordance with chapter 51 of title 5, as a GS-
        14 or above, shall--
                  (A) gain some experience in all the major functions 
                performed by U.S. Citizenship and Immigration Services; 
                and
                  (B) work in at least one field office and one service 
                center of U.S. Citizenship and Immigration Services.
          (3) Pilot initiatives for backlog elimination.--The Director 
        of U.S. Citizenship and Immigration Services may implement 
        innovative pilot initiatives to eliminate a remaining backlog 
        in the processing of immigration benefit applications, and to 
        prevent a backlog in the processing of applications from 
        recurring, under section 204(a) of the Immigration Services and 
        Infrastructure Improvements Act of 2000 (8 U.S.C. 1573(a)). 
        Initiatives may include measures such as increasing personnel, 
        transferring personnel to focus on areas with the largest 
        potential for backlog, and streamlining paperwork.
  (b) Chief of Policy and Strategy.--
          (1) In general.--There is a Chief of Policy and Strategy for 
        U.S. Citizenship and Immigration Services.
          (2) Functions.--In consultation with U.S. Citizenship and 
        Immigration Services personnel in field offices, the Chief of 
        Policy and Strategy is responsible for--
                  (A) making policy recommendations and performing 
                policy research and analysis on immigration services 
                issues; and
                  (B) coordinating immigration policy issues with the 
                Chief of Policy and Strategy for U.S. Immigration and 
                Customs Enforcement.
  (c) Legal Advisor.--
          (1) In general.--There is a principal legal advisor to the 
        Director of U.S. Citizenship and Immigration Services.
          (2) Functions.--The legal advisor is responsible for--
                  (A) providing specialized legal advice, opinions, 
                determinations, regulations, and other assistance to 
                the Director of U.S. Citizenship and Immigration 
                Services with respect to legal matters affecting U.S. 
                Citizenship and Immigration Services; and
                  (B) representing U.S. Citizenship and Immigration 
                Services in visa petition appeal proceedings before the 
                Executive Office for Immigration Review.
  (d) Budget Officer.--
          (1) In general.--There is a Budget Officer for U.S. 
        Citizenship and Immigration Services.
          (2) Functions.--The Budget Officer is responsible for--
                  (A) formulating and executing the budget of U.S. 
                Citizenship and Immigration Services;
                  (B) financial management of U.S. Citizenship and 
                Immigration Services; and
                  (C) collecting all payments, fines, and other debts 
                for U.S. Citizenship and Immigration Services.
  (e) Chief of Office of Citizenship.--
          (1) In general.--There is a Chief of the Office of 
        Citizenship for U.S. Citizenship and Immigration Services.
          (2) Functions.--The Chief of the Office of Citizenship for 
        U.S. Citizenship and Immigration Services is responsible for 
        promoting instruction and training on citizenship 
        responsibilities for aliens interested in becoming naturalized 
        citizens of the United States, including the development of 
        educational materials.
Sec. 10943. Citizenship and Immigration Services Ombudsman
  (a) In General.--There is in the Department a Citizenship and 
Immigration Services Ombudsman (in this section referred to as the 
``Ombudsman''). The Ombudsman shall report directly to the Deputy 
Secretary of Homeland Security. The Ombudsman shall have a background 
in customer service as well as immigration law.
  (b) Functions.--The Ombudsman--
          (1) shall assist individuals and employers in resolving 
        problems with U.S. Citizenship and Immigration Services;
          (2) shall identify areas in which individuals and employers 
        have problems in dealing with U.S. Citizenship and Immigration 
        Services; and
          (3) to the extent possible, shall propose changes in the 
        administrative practices of U.S. Citizenship and Immigration 
        Services to mitigate problems identified under paragraph (2).
  (c) Annual Report.--
          (1) Objectives.--Not later than June 30 each year, the 
        Ombudsman shall report to the Committees on the Judiciary of 
        the House of Representatives and the Senate on the objectives 
        of the Office of the Ombudsman for the fiscal year beginning in 
        that year. The report shall contain full and substantive 
        analysis, in addition to statistical information, and--
                  (A) shall identify the recommendations the Office of 
                the Ombudsman has made on improving services and 
                responsiveness of U.S. Citizenship and Immigration 
                Services;
                  (B) shall contain a summary of the most pervasive and 
                serious problems encountered by individuals and 
                employers, including a description of the nature of the 
                problems;
                  (C) shall contain an inventory of the items described 
                in subparagraphs (A) and (B) for which action has been 
                taken and the result of the action;
                  (D) shall contain an inventory of the items described 
                in subparagraphs (A) and (B) for which action remains 
                to be completed and the period during which each item 
                has remained on the inventory;
                  (E) shall contain an inventory of the items described 
                in subparagraphs (A) and (B) for which no action has 
                been taken, the period during which each item has 
                remained on the inventory, the reasons for the 
                inaction, and shall identify any official of U.S. 
                Citizenship and Immigration Services who is responsible 
                for inaction;
                  (F) shall contain recommendations for administrative 
                action appropriate to resolve problems encountered by 
                individuals and employers, including problems created 
                by excessive backlogs in the adjudication and 
                processing of immigration benefit petitions and 
                applications; and
                  (G) shall include other information the Ombudsman may 
                deem advisable.
          (2) Report to be submitted directly to committees.--Each 
        report required under this subsection shall be provided 
        directly to the committees described in paragraph (1) without 
        prior comment or amendment from the Secretary, the Deputy 
        Secretary of Homeland Security, the Director of U.S. 
        Citizenship and Immigration Services, or another officer or 
        employee of the Department or the Office of Management and 
        Budget.
  (d) Other Responsibilities.--The Ombudsman--
          (1) shall monitor the coverage and geographic allocation of 
        local offices of the Ombudsman;
          (2) shall develop guidance to be distributed to all officers 
        and employees of U.S. Citizenship and Immigration Services 
        outlining the criteria for referral of inquiries to local 
        offices of the Ombudsman;
          (3) shall ensure that the local telephone number for each 
        local office of the Ombudsman is published and available to 
        individuals and employers served by the office; and
          (4) shall meet regularly with the Director of U.S. 
        Citizenship and Immigration Services to identify serious 
        service problems and to present recommendations for 
        administrative action appropriate to resolve problems 
        encountered by individuals and employers.
  (e) Personnel Actions.--
          (1) In general.--The Ombudsman has the responsibility and 
        authority--
                  (A) to appoint local ombudsmen and make available at 
                least one ombudsman for each State; and
                  (B) to evaluate and take personnel actions (including 
                dismissal) with respect to an employee of a local 
                office of the Ombudsman.
          (2) Consultation.--The Ombudsman may consult with the 
        appropriate supervisory personnel of U.S. Citizenship and 
        Immigration Services in carrying out the Ombudsman's 
        responsibilities under this subsection.
  (f) Responsibilities of Director of U.S. Citizenship and Immigration 
Services.--The Director of U.S. Citizenship and Immigration Services 
shall establish procedures requiring a formal response to all 
recommendations submitted to the Director by the Ombudsman within 3 
months after submission.
  (g) Operation of Local Offices.--
          (1) In general.--Each local ombudsman--
                  (A) shall report to the Ombudsman or the delegate of 
                the Ombudsman;
                  (B) may consult with the appropriate supervisory 
                personnel of U.S. Citizenship and Immigration Services 
                regarding the daily operation of the local office of 
                the Ombudsman;
                  (C) shall, at the initial meeting with an individual 
                or employer seeking the assistance of the local office, 
                notify the individual or employer that the local 
                offices of the Ombudsman operate independently of any 
                other component of the Department and report directly 
                to Congress through the Ombudsman; and
                  (D) at the local ombudsman's discretion, may 
                determine not to disclose to U.S. Citizenship and 
                Immigration Services contact with, or information 
                provided by, the individual or employer.
          (2) Maintenance of independent communications.--Each local 
        office of the Ombudsman shall maintain a phone, facsimile, and 
        other means of electronic communication access, and a post 
        office address, that is separate from those maintained by U.S. 
        Citizenship and Immigration Services, or any component of U.S. 
        Citizenship and Immigration Services.
Sec. 10944. Professional responsibility and quality review
  (a) In General.--The Director of U.S. Citizenship and Immigration 
Services is responsible for--
          (1) conducting investigations of noncriminal allegations of 
        misconduct, corruption, and fraud involving an employee of U.S. 
        Citizenship and Immigration Services that are not subject to 
        investigation by the Inspector General for the Department;
          (2) inspecting the operations of U.S. Citizenship and 
        Immigration Services and providing assessments of the quality 
        of the operations of U.S. Citizenship and Immigration Services 
        as a whole and each of its components; and
          (3) providing an analysis of the management of U.S. 
        Citizenship and Immigration Services.
  (b) Special Considerations.--In providing assessments under 
subsection (a)(2) with respect to a decision of U.S. Citizenship and 
Immigration Services, or of its components, consideration shall be 
given to--
          (1) the accuracy of the findings of fact and conclusions of 
        law used in rendering the decision;
          (2) fraud or misrepresentation associated with the decision; 
        and
          (3) the efficiency with which the decision was rendered.
Sec. 10945. Employee discipline
  The Director of U.S. Citizenship and Immigration Services may impose 
disciplinary action, including termination of employment, pursuant to 
policies and procedures applicable to employees of the Federal Bureau 
of Investigation, on an employee of U.S. Citizenship and Immigration 
Services who willfully deceives Congress or agency leadership on any 
matter.
Sec. 10946. Transition
  (a) References.--With respect to a function transferred by this 
subchapter to, and exercised on or after March 1, 2003, by, the 
Director of U.S. Citizenship and Immigration Services, a reference in 
any other Federal law, Executive order, rule, regulation, delegation of 
authority, or document of or pertaining to a component of government 
from which the function is transferred--
          (1) to the head of the component is deemed to refer to the 
        Director of U.S. Citizenship and Immigration Services; or
          (2) to the component is deemed to refer to U.S. Citizenship 
        and Immigration Services.
  (b) Exercise of Authorities.--Except as otherwise provided by law, a 
Federal official to whom a function is transferred by this subchapter 
may, for purposes of performing the function, exercise all authorities 
under any other provision of law that were available with respect to 
the performance of that function to the official responsible for the 
performance of the function immediately before March 1, 2003.
Sec. 10947. Application of Internet-based technologies
  (a) Establishment of Tracking System.--The Secretary, in consultation 
with the Technology Advisory Committee established under subsection 
(c), shall establish an Internet-based system, that will permit a 
person, employer, immigrant, or nonimmigrant who has filings with the 
Secretary for a benefit under the Immigration and Nationality Act (8 
U.S.C. 1101 et seq.), access to online information about the processing 
status of the filing involved.
  (b) Feasibility Study for Online Filing and Improved Processing.--
          (1) Online filing.--The Secretary, in consultation with the 
        Technology Advisory Committee established under subsection (c), 
        shall conduct a feasibility study on the online filing of the 
        filings described in subsection (a). The study shall include a 
        review of computerization and technology of U.S. Immigration 
        and Customs Enforcement relating to the immigration services 
        and processing of filings relating to immigrant services. The 
        study shall also include an estimate of the timeframe and cost 
        and shall consider other factors in implementing such a filing 
        system, including the feasibility of fee payment online.
          (2) Report.--A report on the study under this subsection 
        shall be submitted to the Committees on the Judiciary of the 
        House of Representatives and the Senate not later than January 
        24, 2004.
  (c) Technology Advisory Committee.--
          (1) Establishment.--The Secretary shall establish the 
        Technology Advisory Committee to assist the Secretary in--
                  (A) establishing the tracking system under subsection 
                (a); and
                  (B) conducting the study under subsection (b).
          (2) Consultation.--The Technology Advisory Committee shall be 
        established after consultation with the Committees on the 
        Judiciary of the House of Representatives and the Senate.
          (3) Composition.--The Technology Advisory Committee shall be 
        composed of representatives from high technology companies 
        capable of establishing and implementing the system in an 
        expeditious manner, and representatives of persons who may use 
        the tracking system described in subsection (a) and the online 
        filing system described in subsection (b)(1).

              Subchapter V--General Immigration Provisions

Sec. 10961. Director of Shared Services
  (a) In General.--There is in the Office of the Deputy Secretary of 
Homeland Security a Director of Shared Services.
  (b) Functions.--The Director of Shared Services is responsible for 
the coordination of resources for U.S. Immigration and Customs 
Enforcement and U.S. Citizenship and Immigration Services, including--
          (1) information resources management, including computer 
        databases and information technology;
          (2) records and file management; and
          (3) forms management.
Sec. 10962. Separation of funding
  (a) In General.--There are in the Treasury separate accounts for 
appropriated funds and other deposits available for U.S. Citizenship 
and Immigration Services and U.S. Immigration and Customs Enforcement.
  (b) Separate Budgets.--To ensure that U.S. Citizenship and 
Immigration Services and U.S. Immigration and Customs Enforcement are 
funded to the extent necessary to fully carry out their respective 
functions, the Director of the Office of Management and Budget shall 
separate the budget requests for each entity.
  (c) Fees.--Fees imposed for a particular service, application, or 
benefit shall be deposited in the account established under subsection 
(a) that is for whichever of U.S. Immigration and Customs Enforcement 
or U.S. Citizenship and Immigration Services has jurisdiction over the 
function to which the fee relates.
  (d) Fees Not Transferable.--A fee may not be transferred between U.S. 
Citizenship and Immigration Services and U.S. Immigration and Customs 
Enforcement for purposes not authorized by section 286 of the 
Immigration and Nationality Act (8 U.S.C. 1356).
Sec. 10963. Annual immigration functions report
  (a) Annual Report.--The Secretary shall submit a report annually to 
the President, to the Committees on the Judiciary and Oversight and 
Government Reform of the House of Representatives, and to the 
Committees on the Judiciary and Homeland Security and Governmental 
Affairs of the Senate, on the impact the transfers made by Subtitle F 
of Title IV of the Homeland Security Act of 2002 (Public Law 107-296, 
116 Stat. 2205) has had on immigration functions.
  (b) Content.--The report shall address the following with respect to 
the period covered by the report:
          (1) The aggregate number of all immigration applications and 
        petitions received, and processed, by the Department.
          (2) Region-by-region statistics on the aggregate number of 
        immigration applications and petitions filed by an alien (or 
        filed on behalf of an alien) and denied, disaggregated by 
        category of denial and application or petition type.
          (3) The quantity of backlogged immigration applications and 
        petitions that have been processed, the aggregate number 
        awaiting processing, and a detailed plan for eliminating the 
        backlog.
          (4) The average processing period for immigration 
        applications and petitions, disaggregated by application or 
        petition type.
          (5) The number and types of immigration-related grievances 
        filed with an official of the Department of Justice, and if 
        those grievances were resolved.
          (6) Plans to address grievances and improve immigration 
        services.
          (7) Whether immigration-related fees were used consistent 
        with legal requirements regarding their use.
          (8) Whether immigration-related questions conveyed by 
        customers to the Department (whether conveyed in person, by 
        telephone, or by means of the Internet) were answered 
        effectively and efficiently.

   Subchapter VI--U.S. Customs and Border Protection Public-Private 
                              Partnerships

Sec. 10971. Definitions
  In this subchapter:
          (1) Donor.--The term ``donor'' means an entity that is 
        proposing to make a donation under this title (except chapters 
        113 and 409).
          (2) Entity.--The term ``entity'' means--
                  (A) a person;
                  (B) a partnership, corporation, trust, estate, 
                cooperative, association, or other organized group of 
                persons;
                  (C) the Federal Government or a State or local 
                government (including a subdivision, agency, or 
                instrumentality of the Federal Government or a State or 
                local government); or
                  (D) another private person or governmental entity.
Sec. 10972. Fee agreements for certain services at ports of entry
  (a) In General.--Notwithstanding section 10301(e) of the Consolidated 
Omnibus Budget Reconciliation Act of 1985 (19 U.S.C. 58c(e)) and 
section 451 of the Tariff Act of 1930 (19 U.S.C. 1451), the 
Commissioner of U.S. Customs and Border Protection, on the request of 
any entity, may enter into a fee agreement with the entity under 
which--
          (1) U. S. Customs and Border Protection shall provide 
        services described in subsection (b) at a United States port of 
        entry or any other facility at which U.S. Customs and Border 
        Protection provides the services;
          (2) the entity shall remit to U.S. Customs and Border 
        Protection a fee imposed under subsection (h) in an amount 
        equal to the full costs that are incurred or will be incurred 
        in providing the services; and
          (3) if space is provided by the entity, each facility at 
        which U.S. Customs and Border Protection services are performed 
        shall be maintained and equipped by the entity, without cost to 
        the Federal Government, in accordance with U.S. Customs and 
        Border Protection specifications.
  (b) Services Described.--The services referred to in subsection (a) 
are activities of an employee or Office of Field Operations contractor 
of U.S. Customs and Border Protection (except employees of U.S. Border 
Patrol, as established under section 10306(e) of this title) pertaining 
to, or in support of, customs, agricultural processing, border 
security, or immigration inspection-related matters at a port of entry 
or other facility at which U.S. Customs and Border Protection provides 
or will provide the services.
  (c) Modification of Prior Agreements.--The Commissioner of U.S. 
Customs and Border Protection, at the request of an entity that has 
previously entered into an agreement with U.S. Customs and Border 
Protection for the reimbursement of fees in effect on December 16, 
2016, may modify the agreement to implement provisions of this section.
  (d) Limitations.--
          (1) Impacts of services.--The Commissioner of U.S. Customs 
        and Border Protection--
                  (A) may enter into fee agreements under this section 
                only for services that--
                          (i) will increase or enhance the operational 
                        capacity of U.S. Customs and Border Protection 
                        based on available staffing and workload; and
                          (ii) will not shift the cost of services 
                        funded in an appropriations Act, or provided 
                        from an account in the Treasury derived by the 
                        collection of fees, to entities under this 
                        title (except chapters 113 and 409); and
                  (B) may not enter into a fee agreement under this 
                section if the agreement would unduly and permanently 
                impact services funded in an appropriations Act, or 
                provided from an account in the Treasury, derived by 
                the collection of fees.
          (2) No limit.--There shall be no limit to the number of fee 
        agreements that the Commissioner of U.S. Customs and Border 
        Protection may enter into under this section.
  (e) Air Ports of Entry.--
          (1) In general.--Except as otherwise provided in this 
        subsection, a fee agreement for U.S. Customs and Border 
        Protection services at an air port of entry may only provide 
        for the payment of overtime costs of U.S. Customs and Border 
        Protection officers and salaries and expenses of U.S. Customs 
        and Border Protection employees to support U.S. Customs and 
        Border Protection officers in performing services described in 
        subsection (b).
          (2) Small airports.--Notwithstanding paragraph (1), U.S. 
        Customs and Border Protection may receive reimbursement in 
        addition to overtime costs if the fee agreement is for services 
        at an air port of entry that has fewer than 100,000 arriving 
        international passengers annually.
          (3) Covered services.--In addition to costs described in 
        paragraph (1), a fee agreement for U.S. Customs and Border 
        Protection services at an air port of entry referred to in 
        paragraph (2) may provide for the reimbursement of--
                  (A) salaries and expenses of not more than 5 fulltime 
                equivalent U.S. Customs and Border Protection officers 
                beyond the number of officers assigned to the port of 
                entry on the date on which the fee agreement was 
                signed;
                  (B) salaries and expenses of employees of U.S. 
                Customs and Border Protection, other than the officers 
                referred to in subparagraph (A), to support U.S. 
                Customs and Border Protection officers in performing 
                law enforcement functions; and
                  (C) other costs incurred by U.S. Customs and Border 
                Protection relating to services described in 
                subparagraph (B), such as temporary placement or 
                permanent relocation of employees, including incentive 
                pay for relocation, as appropriate.
  (f) Port of Entry Size Not a Factor.--The Commissioner of U.S. 
Customs and Border Protection shall ensure that each fee agreement 
proposal is given equal consideration regardless of the size of the 
port of entry.
  (g) Denied Application.--
          (1) In general.--If the Commissioner of U.S. Customs and 
        Border Protection denies a proposal for a fee agreement under 
        this section, the Commissioner shall provide the entity 
        submitting the proposal with the reason for the denial unless--
                  (A) the reason for the denial is law enforcement 
                sensitive; or
                  (B) withholding the reason for the denial is in the 
                national security interests of the United States.
          (2) Judicial review.--Decisions of the Commissioner of U.S. 
        Customs and Border Protection under paragraph (1) are in the 
        discretion of the Commissioner of U.S. Customs and Border 
        Protection and are not subject to judicial review.
  (h) Fee.--
          (1) In general.--The amount of the fee to be charged under an 
        agreement authorized under subsection (a) shall be paid by each 
        entity requesting U.S. Customs and Border Protection services, 
        and shall be for the full cost of providing the services, 
        including the salaries and expenses of employees and 
        contractors of U.S. Customs and Border Protection, to provide 
        the services and other costs incurred by U.S. Customs and 
        Border Protection relating to the services, such as temporary 
        or permanent relocation of the employees and contractors.
          (2) Timing.--The Commissioner of U.S. Customs and Border 
        Protection may require that the fee referred to in paragraph 
        (1) be paid by each entity that has entered into a fee 
        agreement under subsection (a) with U.S. Customs and Border 
        Protection in advance of the performance of U.S. Customs and 
        Border Protection services.
          (3) Oversight.--The Commissioner of U.S. Customs and Border 
        Protection shall develop a process to oversee the services for 
        which fees are charged pursuant to an agreement under 
        subsection (a), including--
                  (A) a determination and report on the full costs of 
                providing the services, and a process for increasing 
                the fees, as necessary;
                  (B) the establishment of a periodic remittance 
                schedule to replenish appropriations, accounts, or 
                funds, as necessary; and
                  (C) the identification of costs paid by the fees.
  (i) Deposit of Funds.--
          (1) Account.--Funds collected pursuant to an agreement 
        entered into pursuant to subsection (a)--
                  (A) shall be deposited as offsetting collections;
                  (B) shall remain available until expended without 
                fiscal year limitation; and
                  (C) shall be credited to the applicable 
                appropriation, account, or fund for the amount paid out 
                of the appropriation, account, or fund for any expenses 
                incurred or to be incurred by U.S. Customs and Border 
                Protection in providing U.S. Customs and Border 
                Protection services under the agreement and for any 
                other costs incurred or to be incurred by U.S. Customs 
                and Border Protection relating to the services.
          (2) Return of unused funds.--The Commissioner of U.S. Customs 
        and Border Protection shall return any unused funds collected 
        and deposited in the account described in paragraph (1) if a 
        fee agreement entered into pursuant to subsection (a) is 
        terminated for any reason or the terms of the fee agreement 
        change by mutual agreement to cause a reduction of U.S. Customs 
        and Border Protection services. No interest shall be owed on 
        the return of the unused funds.
  (j) Termination.--
          (1) In general.--The Commissioner of U.S. Customs and Border 
        Protection shall terminate the services provided pursuant to a 
        fee agreement entered into under subsection (a) with an entity 
        that, after receiving notice from the Commissioner of U.S. 
        Customs and Border Protection that a fee under subsection (h) 
        is due, fails to pay the fee in a timely manner. If the 
        services are terminated, all costs incurred by U.S. Customs and 
        Border Protection that have not been paid shall become 
        immediately due and payable. Interest on unpaid fees shall 
        accrue based on the rate and amount established under sections 
        6221 and 6222 of the Internal Revenue Code of 1986 (26 U.S.C. 
        6221, 6222).
          (2) Penalty.--An entity that, after notice and demand for 
        payment of a fee under subsection (h), fails to pay the fee in 
        a timely manner shall be liable for a penalty or liquidated 
        damage equal to 2 times the amount of the fee. The amount 
        collected under this paragraph shall be deposited into the 
        appropriate account specified under subsection (i) and shall be 
        available as described in subsection (i).
          (3) Termination by the entity.--An entity that has previously 
        entered into an agreement with U.S. Customs and Border 
        Protection for the reimbursement of fees in effect on December 
        16, 2016, or under the provisions of this section, may request 
        that the agreement be amended to provide for termination on 
        advance notice, length, and terms that are negotiated between 
        the entity and U.S. Customs and Border Protection.
  (k) Annual Report.--The Commissioner of U.S. Customs and Border 
Protection shall--
          (1) submit an annual report identifying the activities 
        undertaken and the agreements entered into pursuant to this 
        section to--
                  (A) the Committee on Appropriations of the Senate;
                  (B) the Committee on Finance of the Senate;
                  (C) the Committee on Homeland Security and 
                Governmental Affairs of the Senate;
                  (D) the Committee on the Judiciary of the Senate;
                  (E) the Committee on Appropriations of the House of 
                Representatives;
                  (F) the Committee on Homeland Security of the House 
                of Representatives;
                  (G) the Committee on the Judiciary of the House of 
                Representatives; and
                  (H) the Committee on Ways and Means of the House of 
                Representatives; and
          (2) not later than 15 days before entering into a fee 
        agreement, notify the members of Congress who represent the 
        State or congressional district in which the affected port of 
        entry or facility is located of the agreement.
  (l) Rule of Construction.--Nothing in this section may be construed 
as imposing on U.S. Customs and Border Protection any responsibilities, 
duties, or authorities relating to real property.
Sec. 10973. Port of entry donation authority
  (a) Personal Property, Money, or Nonpersonal Services.--
          (1) In general.--The Commissioner of U.S. Customs and Border 
        Protection, in consultation with the Administrator of General 
        Services, may enter into an agreement with an entity to accept 
        a donation of personal property, money, or nonpersonal services 
        for the uses described in paragraph (3) only with respect to 
        the following locations at which U.S. Customs and Border 
        Protection performs or will be performing inspection services:
                  (A) A new or existing sea or air port of entry.
                  (B) An existing Federal Government-owned land port of 
                entry.
                  (C) A new Federal Government-owned land port of entry 
                if--
                          (i) the fair market value of the donation is 
                        $50,000,000 or less; and
                          (ii) the fair market value, including any 
                        personal and real property donations in total, 
                        of the port of entry when complete, is 
                        $50,000,000 or less.
          (2) Limitation on monetary donations.--A monetary donation 
        accepted pursuant to this subsection may not be used to pay the 
        salaries of U.S. Customs and Border Protection employees 
        performing inspection services.
          (3) Uses.--Donations accepted pursuant to this subsection may 
        be used for activities of the Office of Field Operations, set 
        forth in subparagraphs (A) through (F) of section 10306(g)(3) 
        of this title, that are related to a new or existing sea or air 
        port of entry or a new or existing Federal Government-owned 
        land port of entry described in paragraph (1), including 
        expenses relating to--
                  (A) furniture, fixtures, equipment, or technology, 
                including the installation or deployment of those 
                items; and
                  (B) the operation and maintenance of the furniture, 
                fixtures, equipment, or technology.
  (b) Real Property or Money.--
          (1) In general.--Subject to paragraph (3), the Commissioner 
        of U.S. Customs and Border Protection, and the Administrator of 
        General Services, as applicable, may enter into an agreement 
        with an entity to accept a donation of real property or money 
        for uses described in paragraph (2) only with respect to the 
        following locations at which U.S. Customs and Border Protection 
        performs or will be performing inspection services:
                  (A) A new or existing sea or air port of entry.
                  (B) An existing Federal Government-owned land port of 
                entry.
                  (C) A new Federal Government-owned land port of entry 
                if--
                          (i) the fair market value of the donation is 
                        $50,000,000 or less; and
                          (ii) the fair market value, including any 
                        personal and real property donations in total, 
                        of the port of entry when complete, is 
                        $50,000,000 or less.
          (2) Uses.--Donations accepted pursuant to this subsection may 
        be used for activities of the Office of Field Operations set 
        forth in section 10306(g) of this title that are related to the 
        construction, alteration, operation, or maintenance of a new or 
        existing sea or air port of entry or a new or existing Federal 
        Government-owned land port of entry described in paragraph (1), 
        including expenses related to--
                  (A) land acquisition, design, construction, repair, 
                or alteration; and
                  (B) operation and maintenance of the port of entry 
                facility.
          (3) Limitation on real property donations.--A donation of 
        real property under this subsection at an existing land port of 
        entry owned by the General Services Administration may only be 
        accepted by the Administrator of General Services.
          (4) Sunset.--
                  (A)  In general.--The authority to enter into an 
                agreement under this subsection shall terminate on 
                December 16, 2020.
                  (B) Rule of construction.--The termination date 
                referred to in subparagraph (A) shall not apply to 
                carrying out the terms of an agreement under this 
                subsection if the agreement is entered into before 
                December 16, 2020.
  (c) General Provisions.--
          (1) Duration.--An agreement entered into under subsection (a) 
        or (b) (and in the case of subsection (b), in accordance with 
        paragraph (4) of subsection (b)) may last as long as required 
        to meet the terms of the agreement.
          (2) Criteria.--In carrying out an agreement entered into 
        under subsection (a) or (b), the Commissioner of U.S. Customs 
        and Border Protection, in consultation with the Administrator 
        of General Services, shall establish criteria regarding--
                  (A) the selection and evaluation of donors;
                  (B) the identification of roles and responsibilities 
                between U.S. Customs and Border Protection, the General 
                Services Administration, and donors;
                  (C) the identification, allocation, and management of 
                explicit and implicit risks of partnering between the 
                Federal Government and donors;
                  (D) decision-making and dispute resolution processes; 
                and
                  (E) processes for U.S. Customs and Border Protection, 
                and the General Services Administration, as applicable, 
                to terminate agreements if selected donors are not 
                meeting the terms of the agreement, including the 
                security standards established by U.S. Customs and 
                Border Protection.
          (3) Evaluation procedures.--
                  (A) In general.--The Commissioner of U.S. Customs and 
                Border Protection, in consultation with the 
                Administrator of General Services, as applicable, 
                shall--
                          (i) establish criteria for evaluating a 
                        proposal to enter into an agreement under 
                        subsection (a) or (b); and
                          (ii) make the criteria publicly available.
                  (B) Considerations.--Criteria established pursuant to 
                subparagraph (A) shall consider--
                          (i) the impact of a proposal referred to in 
                        subparagraph (A) on the land, sea, or air port 
                        of entry at issue and other ports of entry or 
                        similar facilities or other infrastructure near 
                        the location of the proposed donation;
                          (ii) the proposal's potential to increase 
                        trade and travel efficiency through added 
                        capacity;
                          (iii) the proposal's potential to enhance the 
                        security of the port of entry at issue;
                          (iv) the impact of the proposal on reducing 
                        wait times at the port of entry or facility and 
                        other ports of entry on the same border;
                          (v) for a donation under subsection (b)--
                                  (I) whether the donation satisfies 
                                the requirements of the proposal or 
                                whether additional real property would 
                                be required; and
                                  (II) how the donation was acquired, 
                                including if eminent domain was used;
                          (vi) the funding available to complete the 
                        intended use of the donation;
                          (vii) the costs of maintaining and operating 
                        the donation;
                          (viii) the impact of the proposal on U.S. 
                        Customs and Border Protection staffing 
                        requirements; and
                          (ix) other factors that the Commissioner of 
                        U.S. Customs and Border Protection or the 
                        Administrator of General Services determines to 
                        be relevant.
                  (C) Determination and notification.--
                          (i) Incomplete proposals.--
                                  (I) In general.--Not later than 60 
                                days after receiving the proposals for 
                                a donation agreement from an entity, 
                                the Commissioner of U.S. Customs and 
                                Border Protection shall notify the 
                                entity as to whether the proposal is 
                                complete or incomplete.
                                  (II) Resubmission.--If the 
                                Commissioner of U.S. Customs and Border 
                                Protection determines that a proposal 
                                is incomplete, the Commissioner shall--
                                          (aa) notify the appropriate 
                                        entity and provide the entity 
                                        with a description of all 
                                        information or material that is 
                                        needed to complete review of 
                                        the proposal; and
                                          (bb) allow the entity to 
                                        resubmit the proposal with 
                                        additional information and 
                                        material described in item (aa) 
                                        to complete the proposal.
                          (ii) Complete proposal.--Not later than 180 
                        days after receiving a completed proposal to 
                        enter into an agreement under subsection (a) or 
                        (b), the Commissioner of U.S. Customs and 
                        Border Protection, with the concurrence of the 
                        Administrator of General Services, as 
                        applicable, shall--
                                  (I) determine whether to approve or 
                                deny the proposal; and
                                  (II) notify the entity that submitted 
                                the proposal of the determination.
          (4) Supplemental funding.--Except as required under section 
        3307 of title 40, real property donations to the Administrator 
        of General Services made pursuant to subsection (b) at a GSA-
        owned land port of entry may be used in addition to any other 
        funding for the port of entry, including appropriated funds, 
        property, or services.
          (5) Return of donations.--The Commissioner of U.S. Customs 
        and Border Protection, or the Administrator of General 
        Services, as applicable, may return a donation made pursuant to 
        subsection (a) or (b). No interest shall be owed to the donor 
        with respect to any donation provided under subsection (a) or 
        (b) that is returned pursuant to this subsection.
          (6) Prohibition on certain funding.--
                  (A) In general.--Except as provided in subsections 
                (a) and (b) regarding the acceptance of donations, the 
                Commissioner of U.S. Customs and Border Protection and 
                the Administrator of General Services, as applicable, 
                may not, with respect to an agreement entered into 
                under subsection (a) or (b), obligate or expend amounts 
                in excess of amounts that have been appropriated 
                pursuant to any appropriations Act for purposes 
                specified in subsection (a) or (b) or otherwise made 
                available for those purposes.
                  (B) Certification requirement.--Before accepting any 
                donations pursuant to an agreement under subsection (a) 
                or (b), the Commissioner of U.S. Customs and Border 
                Protection shall certify to the congressional 
                committees set forth in paragraph (7) that the donation 
                will not be used for the construction of a detention 
                facility or a border fence or wall.
          (7) Reports by commissioner of u.s. customs and border 
        protection and administrator of general services.--The 
        Commissioner of U.S. Customs and Border Protection, in 
        collaboration with the Administrator of General Services, as 
        applicable, shall submit an annual report identifying the 
        activities undertaken and agreements entered into pursuant to 
        subsections (a) and (b) to--
                  (A) the Committee on Appropriations of the Senate;
                  (B) the Committee on Environment and Public Works of 
                the Senate;
                  (C) the Committee on Finance of the Senate;
                  (D) the Committee on Homeland Security and 
                Governmental Affairs of the Senate;
                  (E) the Committee on the Judiciary of the Senate;
                  (F) the Committee on Appropriations of the House of 
                Representatives;
                  (G) the Committee on Homeland Security of the House 
                of Representatives;
                  (H) the Committee on the Judiciary of the House of 
                Representatives;
                  (I) the Committee on Transportation and 
                Infrastructure of the House of Representatives; and
                  (J) the Committee on Ways and Means of the House of 
                Representatives.
  (d) Report by Comptroller General.--The Comptroller General shall 
submit an annual report to the congressional committees referred to in 
subsection (c)(7) that evaluates--
          (1) fee agreements entered into pursuant to section 10972 of 
        this title;
          (2) donation agreements entered into pursuant to subsections 
        (a) and (b); and
          (3) the fees and donations received by U. S. Customs and 
        Border Protection pursuant to the agreements.
  (e) Judicial Review.--Decisions of the Commissioner of U.S. Customs 
and Border Protection and the Administrator of General Services under 
this section regarding the acceptance of real or personal property are 
in the discretion of the Commissioner of U.S. Customs and Border 
Protection and the Administrator of General Services, and are not 
subject to judicial review.
  (f) Rule of Construction.--Except as otherwise provided in this 
section, nothing in this section may be construed as affecting in any 
manner the responsibilities, duties, or authorities of U.S. Customs and 
Border Protection or the General Services Administration.
Sec. 10974. Current and proposed agreements
  Nothing in this subchapter or in section 4 of the Cross-Border Trade 
Enhancement Act of 2016 (Public Law 114-279, 130 Stat. 1422) may be 
construed as affecting--
          (1) any agreement entered into pursuant to section 560 of 
        title V of division D of the Consolidated and Further 
        Continuing Appropriations Act, 2013 (Public Law 113-6, 127 
        Stat. 378) or section 559 of title V of division F of the 
        Consolidated Appropriations Act, 2014 (Public Law 113-76, 128 
        Stat. 279) as in existence on December 15, 2016, and the 
        agreement shall continue to have full force and effect on and 
        after December 15, 2016; or
          (2) a proposal accepted for consideration by U.S. Customs and 
        Border Protection pursuant to section 559 of title V of 
        division F of the Consolidated Appropriations Act, 2014 (Public 
        Law 113-76, 128 Stat. 279) as in existence on December 15, 
        2016.

                Subchapter VII--Miscellaneous Provisions

Sec. 10981. Coordination of information and information technology
  (a) Definition of Affected Agency.--In this section, the term 
``affected agency'' means--
          (1) the Department;
          (2) the Department of Agriculture;
          (3) the Department of Health and Human Services; and
          (4) any other department or agency determined to be 
        appropriate by the Secretary.
  (b) Coordination.--The Secretary, in coordination with the Secretary 
of Agriculture, the Secretary of Health and Human Services, and the 
head of each other department or agency determined to be appropriate by 
the Secretary, shall ensure that appropriate information (as determined 
by the Secretary) concerning inspections of articles that are imported 
or entered into the United States, and are inspected or regulated by 
one or more affected agencies, is timely and efficiently exchanged 
between the affected agencies.
Sec. 10982. Visa issuance
  (a) Definition of Consular Officer.--In this section, the term 
``consular officer'' has the meaning given the term under section 
101(a) of the Immigration and Nationality Act (8 U.S.C. 1101(a)).
  (b) In General.--Notwithstanding section 104(a) of the Immigration 
and Nationality Act (8 U.S.C. 1104(a)) or any other provision of law, 
and except as provided in subsection (c) of this section, the 
Secretary--
          (1) shall be vested exclusively with all authorities to issue 
        regulations with respect to, administer, and enforce the 
        provisions of the Act, and of all other immigration and 
        nationality laws, relating to the functions of consular 
        officers of the United States in connection with the granting 
        or refusal of visas, and shall have the authority to refuse 
        visas in accordance with law and to develop programs of 
        homeland security training for consular officers (in addition 
        to consular training provided by the Secretary of State), which 
        authorities shall be exercised through the Secretary of State, 
        except that the Secretary shall not have authority to alter or 
        reverse the decision of a consular officer to refuse a visa to 
        an alien; and
          (2) shall have authority to confer or impose upon an officer 
        or employee of the United States, with the consent of the head 
        of the executive agency under whose jurisdiction the officer or 
        employee is serving, any of the functions specified in 
        paragraph (1).
  (c) Authority of the Secretary of State.--
          (1) In general.--Notwithstanding subsection (b), the 
        Secretary of State may direct a consular officer to refuse a 
        visa to an alien if the Secretary of State deems the refusal 
        necessary or advisable in the foreign policy or security 
        interests of the United States.
          (2) Construction regarding authority.--Nothing in this 
        section, consistent with the Secretary of Homeland Security's 
        authority to refuse visas in accordance with law, shall be 
        construed as affecting the authorities of the Secretary of 
        State under the following provisions of law:
                  (A) Section 101(a)(15)(A) of the Immigration and 
                Nationality Act (8 U.S.C. 1101(a)(15)(A)).
                  (B) Section 204(d)(2) of the Immigration and 
                Nationality Act (8 U.S.C. 1154(d)(2)) (as it will take 
                effect upon the entry into force of the Convention on 
                Protection of Children and Cooperation in Respect to 
                Inter-Country adoption).
                  (C) Section 212(a)(3)(B)(i)(IV)(bb) of the 
                Immigration and Nationality Act (8 U.S.C. 
                1182(a)(3)(B)(i)(IV)(bb)).
                  (D) Section 212(a)(3)(B)(i)(VI) of the Immigration 
                and Nationality Act (8 U.S.C. 1182(a)(3)(B)(i)(VI)).
                  (E) Section 212(a)(3)(B)(vi)(II) of the Immigration 
                and Nationality Act (8 U.S.C. 1182(a)(3)(B)(vi)(II)).
                  (F) Section 212(a)(3)(C) of the Immigration and 
                Nationality Act (8 U.S.C. 1182(a)(3)(C)).
                  (G) Section 212(a)(10)(C) of the Immigration and 
                Nationality Act (8 U.S.C. 1182(a)(10)(C)).
                  (H) Section 212(f) of the Immigration and Nationality 
                Act (8 U.S.C. 1182(f)).
                  (I) Section 801 of the Admiral James W. Nance and Meg 
                Donovan Foreign Relations Authorization Act, Fiscal 
                Years 2000 and 2001 (8 U.S.C. 1182e).
                  (J) Section 219(a) of the Immigration and Nationality 
                Act (8 U.S.C. 1189(a)).
                  (K) Section 237(a)(4)(C) of the Immigration and 
                Nationality Act (8 U.S.C. 1227(a)(4)(C)).
                  (L) Section 51 of the State Department Basic 
                Authorities Act of 1956 (22 U.S.C. 2723).
                  (M) Section 401 of the Cuban Liberty and Democratic 
                Solidarity (LIBERTAD) Act of 1996 (22 U.S.C. 6091).
                  (N) Section 103(f) of the Chemical Weapons Convention 
                Implementation Act of 1998 (22 U.S.C. 6713(f)).
                  (O) Section 616 of the Departments of Commerce, 
                Justice, and State, the Judiciary, and Related Agencies 
                Appropriations Act, 1999 (section 101(b) of division A 
                of the Omnibus Consolidated and Emergency Supplemental 
                Appropriations Act, 1999, Public Law 105-277, 112 Stat. 
                2681-114).
                  (P) Section 568 of the Foreign Operations, Export 
                Financing, and Related Programs Appropriations Act, 
                2002 (Public Law 107-115, 115 Stat. 2166).
  (d) Consular Officers and Chiefs of Missions.--
          (1) In general.--Nothing in this section may be construed to 
        alter or affect--
                  (A) the employment status of consular officers as 
                employees of the Department of State; or
                  (B) the authority of a chief of mission under section 
                207 of the Foreign Service Act of 1980 (22 U.S.C. 
                3927).
          (2) Construction regarding delegation of authority.--Nothing 
        in this section shall be construed to affect any delegation of 
        authority to the Secretary of State by the President pursuant 
        to any proclamation issued under section 212(f) of the 
        Immigration and Nationality Act (8 U.S.C. 1182(f)), consistent 
        with the Secretary of Homeland Security's authority to refuse 
        visas in accordance with law.
  (e) Assignment of Department Employees to Diplomatic and Consular 
Posts.--
          (1) In general.--The Secretary may assign employees of the 
        Department to each diplomatic and consular post at which visas 
        are issued, unless the Secretary determines that an assignment 
        at a particular post would not promote homeland security.
          (2) Functions.--Employees assigned under paragraph (1) shall 
        perform the following functions:
                  (A) Provide expert advice and training to consular 
                officers regarding specific security threats relating 
                to the adjudication of individual visa applications or 
                classes of applications.
                  (B) Review applications, either on the initiative of 
                the employee of the Department or upon request by a 
                consular officer or other person charged with 
                adjudicating applications.
                  (C) Conduct investigations with respect to consular 
                matters under the jurisdiction of the Secretary
          (3) Evaluation of consular officers.--The Secretary of State 
        shall evaluate, in consultation with the Secretary, as 
        considered appropriate by the Secretary, the performance of 
        consular officers with respect to the processing and 
        adjudication of applications for visas in accordance with 
        performance standards developed by the Secretary for these 
        procedures.
          (4) Report.--The Secretary shall, on an annual basis, submit 
        a report to Congress that describes the basis for each 
        determination under paragraph (1) that the assignment of an 
        employee of the Department at a particular diplomatic post 
        would not promote homeland security.
          (5) Permanent assignment; participation in terrorist lookout 
        committee.--When appropriate, employees of the Department 
        assigned to perform functions described in paragraph (2) may be 
        assigned permanently to overseas diplomatic or consular posts 
        with country-specific or regional responsibility. If the 
        Secretary so directs, an employee, when present at an overseas 
        post, shall participate in the terrorist lookout committee 
        established under section 304 of the Enhanced Border Security 
        and Visa Entry Reform Act of 2002 (8 U.S.C. 1733).
          (6) Training and hiring.--
                  (A) In general.--The Secretary shall ensure, to the 
                extent possible, that employees of the Department 
                assigned to perform functions under paragraph (2) and, 
                as appropriate, consular officers, shall be provided 
                the necessary training to enable them to carry out the 
                functions, including training in foreign languages, 
                interview techniques, and fraud detection techniques, 
                in conditions in the particular country where each 
                employee is assigned, and in other appropriate areas of 
                study.
                  (B) Use of center.--The Secretary may use the George 
                P. Shultz National Foreign Affairs Training Center, on 
                a reimbursable basis, to obtain the training described 
                in subparagraph (A).
  (f) No Creation of Private Right of Action.--Nothing in this section 
shall be construed to create or authorize a private right of action to 
challenge a decision of a consular officer or other United States 
official or employee to grant or deny a visa.
  (g) Visa Issuance Program for Saudi Arabia.--On-site personnel of the 
Department shall review all visa applications for Saudi Arabia prior to 
adjudication.
Sec. 10983. Information on visa denials required to be entered into 
                    electronic data system
  (a) In General.--Whenever a consular officer of the United States 
denies a visa to an applicant, the consular officer shall enter the 
fact and the basis of the denial and the name of the applicant into the 
interoperable electronic data system implemented under section 202(a) 
of the Enhanced Border Security and Visa Entry Reform Act of 2002 (8 
U.S.C. 1722(a)).
  (b) Prohibition.--In the case of an alien with respect to whom a visa 
has been denied under subsection (a)--
          (1) no subsequent visa may be issued to the alien unless the 
        consular officer considering the alien's visa application has 
        reviewed the information concerning the alien placed in the 
        interoperable electronic data system, has indicated on the 
        alien's application that the information has been reviewed, and 
        has stated for the record why the visa is being issued or a 
        waiver of visa ineligibility recommended in spite of that 
        information; and
          (2) the alien may not be admitted to the United States 
        without a visa issued in accordance with the procedures 
        described in paragraph (1).
Sec. 10984. Purpose and responsibilities of Office of Cargo Security 
                    Policy
  (a) Purposes.--The Office of Cargo Security Policy--
          (1) coordinates all Department policies relating to cargo 
        security; and
          (2) consults with stakeholders and coordinates with other 
        Federal agencies in the establishment of standards and 
        regulations and the promotion of best practices.
  (b) Responsibilities of Director.--The Director of the Office of 
Cargo Security Policy--
          (1) advises the Assistant Secretary for Policy in the 
        development of Department-wide policies regarding cargo 
        security;
          (2) coordinates all policies relating to cargo security among 
        the agencies and offices within the Department relating to 
        cargo security; and
          (3) coordinates the cargo security policies of the Department 
        with the policies of other executive agencies.
  (c) Relationship with Coast Guard.--Nothing in this section shall be 
construed to affect--
          (1) the authorities, functions, or capabilities of the Coast 
        Guard to perform its missions; or
          (2) the requirement under section 10312 of this title that 
        those authorities, functions, and capabilities be maintained 
        intact.
Sec. 10985. Purpose, composition, and operation of Border Enforcement 
                    Security Task Force
  (a) Purpose.--The purpose of the Border Enforcement Security Task 
Force (in this section referred to as ``BEST'') is to establish units 
to enhance border security by addressing and reducing border security 
threats and violence by--
          (1) facilitating collaboration among Federal, State, local, 
        tribal, and foreign law enforcement agencies to execute 
        coordinated activities in furtherance of border security, and 
        homeland security; and
          (2) enhancing information sharing, including the 
        dissemination of homeland security information among these 
        agencies.
  (b) Composition and Establishment of Units.--
          (1) Composition.--BEST units may be comprised of personnel 
        from--
                  (A) U.S. Immigration and Customs Enforcement;
                  (B) U.S. Customs and Border Protection;
                  (C) the Coast Guard;
                  (D) other Department personnel, as appropriate;
                  (E) other Federal agencies, as appropriate;
                  (F) appropriate State law enforcement agencies;
                  (G) foreign law enforcement agencies, as appropriate;
                  (H) local law enforcement agencies from affected 
                border cities and communities; and
                  (I) appropriate tribal law enforcement agencies.
          (2) Establishment.--The Secretary may establish BEST units in 
        jurisdictions in which the units can contribute to BEST 
        missions, as appropriate. Before establishing a BEST unit, the 
        Secretary shall consider--
                  (A) whether the area in which the BEST unit would be 
                established is significantly impacted by cross-border 
                threats;
                  (B) the availability of Federal, State, local, 
                tribal, and foreign law enforcement resources to 
                participate in the BEST unit;
                  (C) the extent to which border security threats are 
                having a significant harmful impact in the jurisdiction 
                in which the BEST unit is to be established, and other 
                jurisdictions in the country; and
                  (D) whether or not an Integrated Border Enforcement 
                Team already exists in the area in which the BEST unit 
                would be established.
          (3) Duplication of efforts.--In determining whether to 
        establish a new BEST unit or to expand an existing BEST unit in 
        a given jurisdiction, the Secretary shall ensure that the BEST 
        unit under consideration does not duplicate the efforts of 
        other existing interagency task forces or centers within that 
        jurisdiction.
  (c) Operation.--After determining the jurisdictions in which to 
establish BEST units under subsection (b)(2), and in order to provide 
Federal assistance to the jurisdictions, the Secretary may--
          (1) direct the assignment of Federal personnel to BEST, 
        subject to the approval of the head of the department or agency 
        that employs such personnel; and
          (2) take other actions to assist Federal, State, local, and 
        tribal entities to participate in BEST, including providing 
        financial assistance, as appropriate, for operational, 
        administrative, and technological costs associated with the 
        participation of Federal, State, local, and tribal law 
        enforcement agencies in BEST
  (d) Report.--Not later than June 6, 2017, and 2018, the Secretary 
shall submit a report to Congress that describes the effectiveness of 
BEST in enhancing border security and reducing the drug trafficking, 
arms smuggling, illegal alien trafficking and smuggling, violence, and 
kidnapping along and across the international borders of the United 
States, as measured by crime statistics, including violent deaths, 
incidents of violence, and drug-related arrests.
Sec. 10986. Cyber Crimes Center
  (a) In General.--
          (1) Establishment.--The Secretary shall operate, in U.S. 
        Immigration and Customs Enforcement, a Cyber Crimes Center 
        (referred to in this section as the ``Center'').
          (2) Purpose.--The purpose of the Center is to provide 
        investigative assistance, training, and equipment to support 
        U.S. Immigration and Customs Enforcement's domestic and 
        international investigations of cyber-related crimes.
  (b) Child Exploitation Investigations Unit
          (1) In general.--The Secretary shall operate, in the Center, 
        a Child Exploitation Investigations Unit (referred to in this 
        subsection as the ``CEIU'').
          (2) Functions.--The CEIU--
                  (A) shall coordinate all U.S. Immigration and Customs 
                Enforcement child exploitation initiatives, including 
                investigations into--
                          (i) child exploitation;
                          (ii) child pornography;
                          (iii) child victim identification;
                          (iv) traveling child sex offenders; and
                          (v) forced child labor, including the sexual 
                        exploitation of minors;
                  (B) shall, among other things, focus on--
                          (i) child exploitation prevention;
                          (ii) investigative capacity building;
                          (iii) enforcement operations; and
                          (iv) training for Federal, State, local, 
                        tribal, and foreign law enforcement agency 
                        personnel, on request;
                  (C) shall provide training, technical expertise, 
                support, or coordination of child exploitation 
                investigations, as needed, to cooperating law 
                enforcement agencies and personnel;
                  (D) shall provide psychological support and 
                counseling services for U.S. Immigration and Customs 
                Enforcement personnel engaged in child exploitation 
                prevention initiatives, including making available 
                other existing services to assist employees who are 
                exposed to child exploitation material during 
                investigations;
                  (E) may collaborate with the Department of Defense 
                and the National Association to Protect Children for 
                the purpose of the recruiting, training, equipping and 
                hiring of wounded, ill, and injured veterans and 
                transitioning service members, through the Human 
                Exploitation Rescue Operative (HERO) Child Rescue Corps 
                program; and
                  (F) shall collaborate with other governmental, 
                nongovernmental, and nonprofit entities approved by the 
                Secretary for the sponsorship of, and participation in, 
                outreach and training activities.
          (3) Data collection.--The CEIU shall collect and maintain 
        data concerning--
                  (A) the total number of suspects identified by U.S. 
                Immigration and Customs Enforcement;
                  (B) the number of arrests by U.S. Immigration and 
                Customs Enforcement, disaggregated by type, including--
                          (i) the number of victims identified through 
                        investigations carried out by U.S. Immigration 
                        and Customs Enforcement; and
                          (ii) the number of suspects arrested who were 
                        in positions of trust or authority over 
                        children;
                  (C) the number of cases opened for investigation by 
                U.S. Immigration and Customs Enforcement; and
                  (D) the number of cases resulting in a Federal, 
                State, foreign, or military prosecution.
          (4) Availability of data to congress.--In addition to 
        submitting the reports required under paragraph (7), the CEIU 
        shall make the data collected and maintained under paragraph 
        (3) available to the committees of Congress described in 
        paragraph (7).
          (5) Cooperative agreements.--The CEIU may enter into 
        cooperative agreements to accomplish the functions set forth in 
        paragraphs (2) and (3).
          (6) Acceptance of gifts.--
                  (A) In general.--The Secretary may accept money and 
                in-kind donations from the Virtual Global Taskforce, 
                national laboratories, Federal agencies, not-for-profit 
                organizations, and educational institutions to create 
                and expand public awareness campaigns in support of the 
                functions of the CEIU.
                  (B) Exemption from federal acquisition regulation.--
                Gifts authorized under subparagraph (A) are not subject 
                to the Federal Acquisition Regulation for competition 
                when the services provided by the entities referred to 
                in subparagraph (A) are donated or of minimal cost to 
                the Department.
          (7) Reports.--Not later than May 29, 2017, 2018, 2019, and 
        2020, the CEIU shall--
                  (A) submit a report containing a summary of the data 
                collected pursuant to paragraph (3) during the previous 
                year to--
                          (i) the Committee on Homeland Security and 
                        Governmental Affairs of the Senate;
                          (ii) the Committee on the Judiciary of the 
                        Senate;
                          (iii) the Committee on Appropriations of the 
                        Senate;
                          (iv) the Committee on Homeland Security of 
                        the House of Representatives;
                          (v) the Committee on the Judiciary of the 
                        House of Representatives; and
                          (vi) the Committee on Appropriations of the 
                        House of Representatives; and
                  (B) make a copy of each report submitted under 
                subparagraph (A) publicly available on the website of 
                the Department.
  (c) Computer Forensics Unit.--
          (1) In general.--The Secretary shall operate, in the Center, 
        a Computer Forensics Unit (referred to in this subsection as 
        the ``CFU'').
          (2) Functions.--The CFU--
                  (A) shall provide training and technical support in 
                digital forensics to--
                          (i) U.S. Immigration and Customs Enforcement 
                        personnel; and
                          (ii) Federal, State, local, tribal, military, 
                        and foreign law enforcement agency personnel 
                        engaged in the investigation of crimes within 
                        their respective jurisdictions, on request and 
                        subject to the availability of funds;
                  (B) shall provide computer hardware, software, and 
                forensic licenses for all computer forensics personnel 
                in U.S. Immigration and Customs Enforcement;
                  (C) shall participate in research and development in 
                the area of digital forensics, in coordination with 
                appropriate components of the Department; and
                  (D) may collaborate with the Department of Defense 
                and the National Association to Protect Children for 
                the purpose of recruiting, training, equipping, and 
                hiring wounded, ill, and injured veterans and 
                transitioning service members, through the Human 
                Exploitation Rescue Operative (HERO) Child Rescue Corps 
                program.
          (3) Cooperative agreements.--The CFU may enter into 
        cooperative agreements to accomplish the functions set forth in 
        paragraph (2).
          (4) Acceptance of gifts.--
                  (A) In general.--The Secretary may accept money and 
                in-kind donations from the Virtual Global Task Force, 
                national laboratories, Federal agencies, not-for-profit 
                organizations, and educational institutions to create 
                and expand public awareness campaigns in support of the 
                functions of the CFU.
                  (B) Exemption from federal acquisition regulation.--
                Gifts authorized under subparagraph (A) are not subject 
                to the Federal Acquisition Regulation for competition 
                when the services provided by the entities referred to 
                in subparagraph (A) are donated or of minimal cost to 
                the Department.
  (d) Cyber Crimes Unit.--
          (1) In general.--The Secretary shall operate, in the Center, 
        a Cyber Crimes Unit (referred to in this subsection as the 
        ``CCU'').
          (2) Functions.--The CCU--
                  (A) shall oversee the cyber security strategy and 
                cyber-related operations and programs for U.S. 
                Immigration and Customs Enforcement;
                  (B) shall enhance U.S. Immigration and Customs 
                Enforcement's ability to combat criminal enterprises 
                operating on or through the Internet, with specific 
                focus in the areas of--
                          (i) cyber economic crime;
                          (ii) digital theft of intellectual property;
                          (iii) illicit e-commerce (including hidden 
                        marketplaces);
                          (iv) Internet-facilitated proliferation of 
                        arms and strategic technology; and
                          (v) cyber-enabled smuggling and money 
                        laundering;
                  (C) shall provide training and technical support in 
                cyber investigations to--
                          (i) U.S. Immigration and Customs Enforcement 
                        personnel; and
                          (ii) Federal, State, local, tribal, military, 
                        and foreign law enforcement agency personnel 
                        engaged in the investigation of crimes within 
                        their respective jurisdictions, on request and 
                        subject to the availability of funds;
                  (D) shall participate in research and development in 
                the area of cyber investigations, in coordination with 
                appropriate components of the Department; and
                  (E) may recruit participants of the Human 
                Exploitation Rescue Operative (HERO) Child Rescue Corps 
                program for investigative and forensic positions in 
                support of the functions of the CCU.
          (3) Cooperative agreements.--The CCU may enter into 
        cooperative agreements to accomplish the functions set forth in 
        paragraph (2).
  (e) Authorization of Appropriations.--There are authorized to be 
appropriated to the Secretary such sums as are necessary to carry out 
this section.

               Chapter 111--National Emergency 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.
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.
Sec. 11101. Definitions
  In this chapter:
          (1) Administrator.--the term ``Administrator'' means the 
        Administrator of the Agency.
          (2) Agency.--The term ``Agency'' means the Federal Emergency 
        Management Agency.
          (3) Catastrophic incident.--The term ``catastrophic 
        incident'' means a natural disaster, act of terrorism, or other 
        man-made disaster that results in extraordinary levels of 
        casualties or damage or disruption severely affecting the 
        population (including mass evacuations), infrastructure, 
        environment, economy, national morale, or government functions 
        in an area.
          (4) Credentialed; credentialing.--The terms ``credentialed'' 
        and ``credentialing'' mean having provided, or providing, 
        respectively, documentation that identifies personnel and 
        authenticates and verifies the qualifications of the personnel 
        by ensuring that the personnel possess a minimum common level 
        of training, experience, physical and medical fitness, and 
        capability appropriate for a particular position in accordance 
        with standards created under section 11110 of this title.
          (5) Federal coordinating officer.--The term ``Federal 
        coordinating officer'' means a Federal coordinating officer as 
        described in section 302 of the Robert T. Stafford Disaster 
        Relief and Emergency Assistance Act (42 U.S.C. 5143).
          (6) Interoperable communications.--The term ``interoperable 
        communications'' has the meaning given that term in section 
        10712(a) of this title.
          (7) National incident management system.--The term ``National 
        Incident Management System'' means a system to enable 
        effective, efficient, and collaborative incident management.
          (8) National response plan.--The term ``National Response 
        Plan'' means the National Response Plan or a successor plan 
        prepared under section 11103(a)(6) of this title.
          (9) Nuclear incident response team.--The term ``Nuclear 
        Incident Response Team'' means a resource that includes--
                  (A) those entities of the Department of Energy that 
                perform nuclear or radiological emergency support 
                functions (including accident response, search 
                response, advisory, and technical operations 
                functions), radiation exposure functions at the medical 
                assistance facility known as the Radiation Emergency 
                Assistance Center/Training Site (REAC/TS), radiological 
                assistance functions, and related functions; and
                  (B) those entities of the Environmental Protection 
                Agency that perform such support functions (including 
                radiological emergency response functions) and related 
                functions.
          (10) Regional administrator.--The term ``Regional 
        Administrator'' means Regional Administrator appointed under 
        section 11107 of this title.
          (11) Regional office.--The term ``Regional Office'' means a 
        Regional Office established under section 11107 of this title.
          (12) Resources.--The term ``resources'' means personnel and 
        major items of equipment, supplies, and facilities available or 
        potentially available for responding to a natural disaster, act 
        of terrorism, or other man-made disaster.
          (13) Surge capacity.--The term ``surge capacity'' means the 
        ability to rapidly and substantially increase the provision of 
        search and rescue capabilities, food, water, medicine, shelter 
        and housing, medical care, evacuation capacity, staffing 
        (including disaster assistance employees), and other resources 
        necessary to save lives and protect property during a 
        catastrophic incident.
          (14)  Tribal government.--The term ``tribal government'' 
        means the government of an entity described in section 10101 of 
        this title.
          (15) Typed; typing.--The terms ``typed'' and ``typing'' mean 
        having evaluated, or evaluating, respectively, a resource in 
        accordance with standards created under section 11110 of this 
        title.
Sec. 11102. Federal Emergency Management Agency
  (a) Mission.--
          (1) Primary mission.--The primary mission of the Agency is to 
        reduce the loss of life and property and protect the Nation 
        from all hazards, including natural disasters, acts of 
        terrorism, and other man-made disasters, by leading and 
        supporting the Nation in a risk-based, comprehensive emergency 
        management system of preparedness, protection, response, 
        recovery, and mitigation.
          (2) Specific activities.--In support of the primary mission 
        of the Agency, the Administrator shall--
                  (A) lead the Nation's efforts to prepare for, protect 
                against, respond to, recover from, and mitigate against 
                the risk of natural disasters, acts of terrorism, and 
                other man-made disasters, including catastrophic 
                incidents;
                  (B) partner with State, local, and tribal governments 
                and emergency response providers, with other Federal 
                agencies, with the private sector, and with 
                nongovernmental organizations to build a national 
                system of emergency management that can effectively and 
                efficiently utilize the full measure of the Nation's 
                resources to respond to natural disasters, acts of 
                terrorism, and other man-made disasters, including 
                catastrophic incidents;
                  (C) develop a Federal response capability that, when 
                necessary and appropriate, can act effectively and 
                rapidly to deliver assistance essential to saving lives 
                or protecting or preserving property or public health 
                and safety in a natural disaster, act of terrorism, or 
                other man-made disaster;
                  (D) integrate the Agency's emergency preparedness, 
                protection, response, recovery, and mitigation 
                responsibilities to confront effectively the challenges 
                of a natural disaster, act of terrorism, or other man-
                made disaster;
                  (E) develop and maintain robust Regional Offices that 
                will work with State, local, and tribal governments, 
                emergency response providers, and other appropriate 
                entities to identify and address regional priorities;
                  (F) under the leadership of the Secretary, coordinate 
                with the Commandant of the Coast Guard, the 
                Commissioner of U.S. Customs and Border Protection, the 
                Director of Immigration and Customs Enforcement, the 
                National Operations Center, and other agencies and 
                offices in the Department to take full advantage of the 
                substantial range of resources in the Department;
                  (G) provide funding, training, exercises, technical 
                assistance, planning, and other assistance to build 
                tribal, local, State, regional, and national 
                capabilities (including communications capabilities), 
                necessary to respond to a natural disaster, act of 
                terrorism, or other man-made disaster; and
                  (H) develop and coordinate the implementation of a 
                risk-based, all-hazards strategy for preparedness that 
                builds those common capabilities necessary to respond 
                to natural disasters, acts of terrorism, and other man-
                made disasters while also building the unique 
                capabilities necessary to respond to specific types of 
                incidents that pose the greatest risk to our Nation.
  (b) Administrator.--
          (1) Reporting.--The Administrator shall report to the 
        Secretary, without being required to report through another 
        official of the Department.
          (2) Principal advisor on emergency management.--
                  (A) In general.--The Administrator is the principal 
                advisor to the President, the Homeland Security 
                Council, and the Secretary for all matters relating to 
                emergency management in the United States.
                  (B) Advice and recommendations.--
                          (i) Range of options.--In presenting advice 
                        with respect to a matter to the President, the 
                        Homeland Security Council, or the Secretary, 
                        the Administrator shall, as the Administrator 
                        considers appropriate, inform the President, 
                        the Homeland Security Council, or the 
                        Secretary, as the case may be, of the range of 
                        emergency preparedness, protection, response, 
                        recovery, and mitigation options with respect 
                        to that matter.
                          (ii) Advice on a particular matter.--The 
                        Administrator, as the principal advisor on 
                        emergency management, shall provide advice to 
                        the President, the Homeland Security Council, 
                        or the Secretary on a particular matter when 
                        the President, the Homeland Security Council, 
                        or the Secretary requests advice.
                          (iii) Recommendations.--After informing the 
                        Secretary, the Administrator may make 
                        recommendations to Congress relating to 
                        emergency management the Administrator 
                        considers appropriate.
          (3) Cabinet status.--
                  (A) In general.--The President may designate the 
                Administrator to serve as a member of the Cabinet in 
                the event of natural disasters, acts of terrorism, or 
                other man-made disasters.
                  (B) Retention of authority.--Nothing in this 
                paragraph shall be construed as affecting the authority 
                of the Secretary under this subtitle.
Sec. 11103. Authority and responsibilities
  (a) In General.--The Administrator shall provide Federal leadership 
necessary to prepare for, protect against, respond to, recover from, or 
mitigate against a natural disaster, act of terrorism, or other man-
made disaster, including--
          (1) helping to ensure the effectiveness of emergency response 
        providers to terrorist attacks, major disasters, and other 
        emergencies;
          (2) with respect to the Nuclear Incident Response Team 
        (regardless of whether it is operating as an organizational 
        unit of the Department pursuant to this chapter)--
                  (A) establishing standards and certifying when those 
                standards have been met;
                  (B) conducting joint and other exercises, and 
                training and evaluating performance; and
                  (C) providing funds to the Department of Energy and 
                the Environmental Protection Agency, as appropriate, 
                for homeland security planning, exercises and training, 
                and equipment;
          (3) providing the Federal Government's response to terrorist 
        attacks and major disasters, including--
                  (A) managing the response;
                  (B) directing the Domestic Emergency Support Team and 
                (when operating as an organizational unit of the 
                Department pursuant to this chapter) the Nuclear 
                Incident Response Team;
                  (C) overseeing the Metropolitan Medical Response 
                System; and
                  (D) coordinating other Federal response resources, 
                including requiring deployment of the Strategic 
                National Stockpile, in the event of a terrorist attack 
                or major disaster;
          (4) aiding the recovery from terrorist attacks and major 
        disasters;
          (5) building a comprehensive national incident management 
        system with Federal, State, and local government personnel, 
        agencies, and authorities, to respond to attacks and disasters;
          (6) consolidating existing Federal Government emergency 
        response plans into a single, coordinated national response 
        plan;
          (7) helping ensure the acquisition of operable and 
        interoperable communications capabilities by Federal, State, 
        local, and tribal governments and emergency response providers;
          (8) assisting the President in carrying out the functions 
        under the Robert T. Stafford Disaster Relief and Emergency 
        Assistance Act (42 U.S.C. 5121 et seq.) and carrying out all 
        functions and authorities given to the Administrator under that 
        Act;
          (9) carrying out the mission of the Agency to reduce the loss 
        of life and property and protect the Nation from all hazards by 
        leading and supporting the Nation in a risk-based, 
        comprehensive emergency management system of--
                  (A) mitigation, by taking sustained actions to reduce 
                or eliminate long-term risks to people and property 
                from hazards and their effects;
                  (B) preparedness, by planning, training, and building 
                the emergency management profession to prepare 
                effectively for, mitigate against, respond to, and 
                recover from a hazard;
                  (C) response, by conducting emergency operations to 
                save lives and property through positioning emergency 
                equipment, personnel, and supplies, through evacuating 
                potential victims, through providing food, water, 
                shelter, and medical care to those in need, and through 
                restoring critical public services; and
                  (D) recovery, by rebuilding communities so 
                individuals, businesses, and governments can function 
                on their own, return to normal life, and protect 
                against future hazards;
          (10) increasing efficiencies, by coordinating efforts 
        relating to preparedness, protection, response, recovery, and 
        mitigation;
          (11) helping to ensure the effectiveness of emergency 
        response providers in responding to a natural disaster, act of 
        terrorism, or other man-made disaster;
          (12) supervising grant programs administered by the Agency;
          (13) administering and ensuring the implementation of the 
        National Response Plan, including coordinating and ensuring the 
        readiness of each emergency support function under the National 
        Response Plan;
          (14) coordinating with the National Advisory Council 
        established under section 11108 of this title;
          (15) preparing and implementing the plans and programs of the 
        Federal Government for--
                  (A) continuity of operations;
                  (B) continuity of government; and
                  (C) continuity of plans;
          (16) minimizing, to the extent practicable, overlapping 
        planning and reporting requirements applicable to State, local, 
        and tribal governments and the private sector;
          (17) maintaining and operating within the Agency the National 
        Response Coordination Center or its successor;
          (18) developing a national emergency management system that 
        is capable of preparing for, protecting against, responding to, 
        recovering from, and mitigating against catastrophic incidents;
          (19) assisting the President in carrying out the functions 
        under the national preparedness goal and the national 
        preparedness system and carrying out all functions and 
        authorities of the Administrator under the national 
        preparedness system;
          (20) carrying out all authorities of the Federal Emergency 
        Management Agency and the Directorate of Preparedness of the 
        Department as transferred under section 11105 of this title; 
        and
          (21) otherwise carrying out the mission of the Agency as 
        described in section 11102(a) of this title.
  (b) All-Hazards Approach.--In carrying out the responsibilities under 
this section, the Administrator shall coordinate the implementation of 
a risk-based, all-hazards strategy that builds those common 
capabilities necessary to prepare for, protect against, respond to, 
recover from, or mitigate against natural disasters, acts of terrorism, 
and other man-made disasters, while also building the unique 
capabilities necessary to prepare for, protect against, respond to, 
recover from, or mitigate against the risks of specific types of 
incidents that pose the greatest risk to the Nation.
Sec. 11104. Preparedness programs
  The Administrator is responsible for the radiological emergency 
preparedness program and the chemical stockpile emergency preparedness 
program.
Sec. 11105. Functions transferred
  (a) In General.--Except as provided in subsection (b), there are 
transferred to the Agency the following:
          (1) All functions of the Agency, including existing 
        responsibilities for emergency alert systems and continuity of 
        operations and continuity of government plans and programs as 
        constituted on June 1, 2006, including all of its personnel, 
        assets, components, authorities, grant programs, and 
        liabilities, and including the functions of the former Under 
        Secretary for Federal Emergency Management relating to the 
        Agency.
          (2) The former Directorate of Preparedness, as constituted on 
        June 1, 2006, including all of its functions, personnel, 
        assets, components, authorities, grant programs, and 
        liabilities, and including the functions of the Under Secretary 
        for Preparedness relating to the Directorate.
  (b) Exceptions.--The following in the former Directorate of 
Preparedness shall not be transferred:
          (1) The Office of Infrastructure Protection.
          (2) The National Communications System.
          (3) The National Cybersecurity Division.
          (4) The Office of the Chief Medical Officer.
          (5) The functions, personnel, assets, components, 
        authorities, and liabilities of each component described under 
        paragraphs (1) through (4).
Sec. 11106. Preserving the Federal Emergency Management Agency
  (a) Reorganization.--Section 10331(b) of this title shall not apply 
to the Agency, including any function or organizational unit of the 
Agency.
  (b) Prohibition on Changes to Missions.--
          (1) In general.--The Secretary may not substantially or 
        significantly reduce, including through a Joint Task Force 
        established under section 11508 of this title, the authorities, 
        responsibilities, or functions of the Agency or the capability 
        of the Agency to perform those missions, authorities, and 
        responsibilities, except as otherwise specifically provided in 
        an Act enacted after October 4, 2006.
          (2) Certain transfers prohibited.--No asset, function, or 
        mission of the Agency may be diverted to the principal and 
        continuing use of another organization, unit, or entity of the 
        Department, including a Joint Task Force established under 
        section 11508 of this title, except for details or assignments 
        that do not reduce the capability of the Agency to perform its 
        missions.
  (c) Reprogramming and Transfer of Funds.--In reprogramming or 
transferring funds, the Secretary shall comply with applicable 
provisions of any Act making appropriations for the Department for any 
fiscal year relating to the reprogramming or transfer of funds.
Sec. 11107. Regional Offices
  (a) In General.--There are in the Agency 10 regional offices, as 
identified by the Administrator.
  (b) Management of Regional Offices.--
          (1) Regional administrator.--Each Regional Office shall be 
        headed by a Regional Administrator, who shall be appointed by 
        the Administrator, after consulting with State, local, and 
        tribal government officials in the region. Each Regional 
        Administrator shall report directly to the Administrator and be 
        in the Senior Executive Service.
          (2) Qualifications.--
                  (A) In general.--Each Regional Administrator shall be 
                appointed from among individuals who have a 
                demonstrated ability in and knowledge of emergency 
                management and homeland security.
                  (B) Considerations.--In selecting a Regional 
                Administrator for a Regional Office, the Administrator 
                shall consider the familiarity of an individual with 
                the geographical area and demographic characteristics 
                of the population served by the Regional Office.
  (c) Responsibilities.--
          (1) In general.--The Regional Administrator shall work in 
        partnership with State, local, and tribal governments, 
        emergency managers, emergency response providers, medical 
        providers, the private sector, nongovernmental organizations, 
        multijurisdictional councils of governments, and regional 
        planning commissions and organizations in the geographical area 
        served by the Regional Office to carry out the responsibilities 
        of a Regional Administrator under this section.
          (2) Specific responsibilities.--The responsibilities of a 
        Regional Administrator include--
                  (A) ensuring effective, coordinated, and integrated 
                regional preparedness, protection, response, recovery, 
                and mitigation activities and programs for natural 
                disasters, acts of terrorism, and other man-made 
                disasters (including planning, training, exercises, and 
                professional development);
                  (B) assisting in the development of regional 
                capabilities needed for a national catastrophic 
                response system;
                  (C) coordinating the establishment of effective 
                regional operable and interoperable emergency 
                communications capabilities;
                  (D) staffing and overseeing one or more strike teams 
                within the region under subsection (f), to serve as the 
                focal point of the Federal Government's initial 
                response efforts for natural disasters, acts of 
                terrorism, and other man-made disasters within that 
                region, and otherwise building Federal response 
                capabilities to respond to natural disasters, acts of 
                terrorism, and other man-made disasters within that 
                region;
                  (E) designating an individual responsible for the 
                development of strategic and operational regional plans 
                in support of the National Response Plan;
                  (F) fostering the development of mutual aid and other 
                cooperative agreements;
                  (G) identifying critical gaps in regional 
                capabilities to respond to populations with special 
                needs;
                  (H) maintaining and operating a Regional Response 
                Coordination Center or its successor;
                  (I) coordinating with the private sector to help 
                ensure private-sector preparedness for natural 
                disasters, acts of terrorism, and other man-made 
                disasters;
                  (J) assisting State, local, and tribal governments, 
                where appropriate, to pre-identify and evaluate 
                suitable sites where a multijurisdictional incident 
                command system may quickly be established and operated 
                from, if the need for a system arises; and
                  (K) performing any other duties relating to these 
                responsibilities that the Administrator may require.
          (3) Training and exercise requirements.--
                  (A) Training.--The Administrator shall require each 
                Regional Administrator to undergo specific training 
                periodically to complement the qualifications of the 
                Regional Administrator. The training, as appropriate, 
                shall include training with respect to the National 
                Incident Management System, the National Response Plan, 
                and other subjects determined by the Administrator.
                  (B) Exercises.--The Administrator shall require each 
                Regional Administrator to participate as appropriate in 
                regional and national exercises.
  (d) Area Offices.--
          (1) In general.--There is an Area Office for the Pacific and 
        an Area Office for the Caribbean, as components in the 
        appropriate Regional Offices.
          (2) Alaska.--The Administrator shall establish an Area Office 
        in Alaska, as a component in the appropriate Regional Office.
  (e) Regional Advisory Council.--
          (1) Establishment.--Each Regional Administrator shall 
        establish a Regional Advisory Council.
          (2) Nominations.--A State, local, or tribal government 
        located in the geographic area served by the Regional Office 
        may nominate officials, including Adjutants General and 
        emergency managers, to serve as members of the Regional 
        Advisory Council for that region.
          (3) Responsibilities.--Each Regional Advisory Council shall--
                  (A) advise the Regional Administrator on emergency 
                management issues specific to that region;
                  (B) identify geographic, demographic, or other 
                characteristics peculiar to a State, local, or tribal 
                government within the region that might make 
                preparedness, protection, response, recovery, or 
                mitigation more complicated or difficult; and
                  (C) advise the Regional Administrator of weaknesses 
                or deficiencies in preparedness, protection, response, 
                recovery, and mitigation for a State, local, and tribal 
                government within the region of which the Regional 
                Advisory Council is aware.
  (f) Regional Office Strike Teams.--
          (1) In general.--In coordination with other relevant Federal 
        agencies, each Regional Administrator shall oversee multi-
        agency strike teams authorized under section 303 of the Robert 
        T. Stafford Disaster Relief and Emergency Assistance Act (42 
        U.S.C. 5144) that shall consist of--
                  (A) a designated Federal coordinating officer;
                  (B) personnel trained in incident management;
                  (C) public affairs, response and recovery, and 
                communications support personnel;
                  (D) a defense coordinating officer;
                  (E) liaisons to other Federal agencies;
                  (F) Other personnel the Administrator or Regional 
                Administrator determines appropriate; and
                  (G) individuals from the agencies with primary 
                responsibility for each of the emergency support 
                functions in the National Response Plan.
          (2) Other duties to be consistent.--The duties of an 
        individual assigned to a Regional Office strike team from 
        another relevant agency when the individual is not functioning 
        as a member of the strike team shall be consistent with the 
        emergency preparedness activities of the agency that employs 
        the individual.
          (3) Location of members.--The members of each Regional Office 
        strike team, including representatives from agencies other than 
        the Department, shall be based primarily within the region that 
        corresponds to that strike team.
          (4) Coordination.--Each Regional Office strike team shall 
        coordinate the training and exercises of that strike team with 
        the State, local, and tribal governments and private-sector and 
        nongovernmental entities that the strike team shall support 
        when a natural disaster, act of terrorism, or other man-made 
        disaster occurs.
          (5) Preparedness.--Each Regional Office strike team shall be 
        trained as a unit on a regular basis and equipped and staffed 
        to be well prepared to respond to natural disasters, acts of 
        terrorism, and other man-made disasters, including catastrophic 
        incidents.
          (6) Authorities.--If the Administrator determines that 
        statutory authority is inadequate for the preparedness and 
        deployment of individuals in strike teams under this 
        subsection, the Administrator shall report to Congress 
        regarding the additional statutory authorities that the 
        Administrator determines are necessary.
Sec. 11108. National Advisory Council
  (a) Establishment.--There is in the Department the National Advisory 
Council, established as an advisory body under section 10381(a) of this 
title to ensure effective and ongoing coordination of Federal 
preparedness, protection, response, recovery, and mitigation for 
natural disasters, acts of terrorism, and other man-made disasters.
  (b) Responsibilities.--
          (1) In general.--The National Advisory Council shall advise 
        the Administrator on all aspects of emergency management. The 
        National Advisory Council shall incorporate State, local, and 
        tribal government and private-sector input in the development 
        and revision of the national preparedness goal, the national 
        preparedness system, the National Incident Management System, 
        the National Response Plan, and other related plans and 
        strategies.
          (2) Consultation on grants.--To ensure input from and 
        coordination with State, local, and tribal governments and 
        emergency response providers, the Administrator shall regularly 
        consult and work with the National Advisory Council on the 
        administration and assessment of grant programs administered by 
        the Department, including with respect to the development of 
        program guidance and the development and evaluation of risk-
        assessment methodologies, as appropriate.
  (c) Membership.--
          (1) In general.--The members of the National Advisory Council 
        shall be appointed by the Administrator, and shall, to the 
        extent practicable, represent a geographic (including urban and 
        rural) and substantive cross section of officials, emergency 
        managers, and emergency response providers from State, local, 
        and tribal governments, the private sector, and nongovernmental 
        organizations, including as appropriate--
                  (A) members selected from the emergency management 
                field and emergency response providers, including fire 
                service, law enforcement, hazardous materials response, 
                emergency medical services, and emergency management 
                personnel, or organizations representing these 
                individuals;
                  (B) health scientists, emergency and inpatient 
                medical providers, and public health professionals;
                  (C) experts from Federal, State, local, and tribal 
                governments, and the private sector, representing 
                standards-setting and accrediting organizations, 
                including representatives from the voluntary consensus 
                codes and standards development community, particularly 
                those with expertise in the emergency preparedness and 
                response field;
                  (D) State, local, and tribal government officials 
                with expertise in preparedness, protection, response, 
                recovery, and mitigation, including Adjutants General;
                  (E) elected State, local, and tribal government 
                executives;
                  (F) experts in public- and private-sector 
                infrastructure protection, cybersecurity, and 
                communications;
                  (G) representatives of individuals with disabilities 
                and other populations with special needs; and
                  (H) other individuals the Administrator determines to 
                be appropriate.
          (2) Coordination with departments of health and human 
        services and transportation.--In the selection of members of 
        the National Advisory Council who are health or emergency 
        medical services professionals, the Administrator shall work 
        with the Secretary of Health and Human Services and the 
        Secretary of Transportation.
          (3) Ex officio members.--The Administrator shall designate 
        one or more officers of the Federal Government to serve as ex 
        officio members of the National Advisory Council.
          (4) Term of office.--The term of office of each member of the 
        National Advisory Council shall be 3 years.
  (d) RESPONSE Subcommittee.--
          (1) Establishment.--The Administrator shall establish the 
        Railroad Emergency Services Preparedness, Operational Needs, 
        and Safety Evaluation Subcommittee (in this subsection referred 
        to as the ``RESPONSE Subcommittee'').
          (2) Membership.--Notwithstanding subsection (c), the RESPONSE 
        Subcommittee is composed of the following:
                  (A) the Deputy Administrator, Protection and National 
                Preparedness of the Federal Emergency Management 
                Agency, or designee.
                  (B) The Chief Safety Officer of the Pipeline and 
                Hazardous Materials Safety Administration, or designee.
                  (C) The Associate Administrator for Hazardous 
                Materials Safety of the Pipeline and Hazardous 
                Materials Safety Administration, or designee.
                  (D) The Director of the Office of Emergency 
                Communications of the Department, or designee.
                  (E) The Director of the Office of Railroad, Pipeline 
                and Hazardous Materials Investigations of the National 
                Transportation Safety Board, or designee.
                  (F) The Chief Safety Officer and Associate 
                Administrator for Railroad Safety of the Federal 
                Railroad Administration, or designee.
                  (G) The Assistant Administrator for Security Policy 
                and Industry Engagement of the Transportation Security 
                Administration, or designee.
                  (H) The Assistant Commandant for Response Policy of 
                the Coast Guard, or designee.
                  (I) The Assistant Administrator for the Office of 
                Solid Waste and Emergency Response of the Environmental 
                Protection Agency, or designee.
                  (J) Such other qualified individuals as the co-
                chairpersons shall jointly appoint as soon as 
                practicable from among the following:
                          (i) Members of the National Advisory Council 
                        who have the requisite technical knowledge and 
                        expertise to address rail emergency response 
                        issues, including members for the following 
                        disciplines:
                                  (I) Emergency management and 
                                emergency response providers, including 
                                fire service, law enforcement, 
                                hazardous materials response, and 
                                emergency medical services.
                                  (II) State, local, and tribal 
                                government officials.
                          (ii) Individuals who have the requisite 
                        technical knowledge and expertise to serve on 
                        the RESPONSE Subcommittee, including at least 1 
                        representative from each of the following:
                                  (I) The rail industry.
                                  (II) Rail labor.
                                  (III) Persons that offer oil for 
                                transportation by rail.
                                  (IV) The communications industry.
                                  (V) Emergency response providers, 
                                including individuals nominated by 
                                national organizations representing 
                                State and local governments and 
                                emergency responders.
                                  (VI) Emergency response training 
                                providers.
                                  (VII) Representatives from tribal 
                                organizations.
                                  (VIII) Technical experts.
                                  (IX) Vendors, developers, and 
                                manufacturers of systems, facilities, 
                                equipment, and capabilities for 
                                emergency responder services.
                          (iii) Representatives of such other 
                        stakeholders and interested and affected 
                        parties as the co-chairpersons consider 
                        appropriate.
          (3) Co-chairpersons.--The members described in subparagraphs 
        (A) and (B) of paragraph (2) shall serve as the co-chairpersons 
        of the RESPONSE Subcommittee.
          (4) Consultation with nonmembers.--The RESPONSE Subcommittee 
        and the program offices for emergency responder training and 
        resources shall consult with other relevant agencies and 
        groups, including entities engaged in federally funded research 
        and academic institutions engaged in relevant work and 
        research, that are not represented on the RESPONSE Subcommittee 
        to consider new and developing technologies and methods that 
        may be beneficial to preparedness and response to rail 
        hazardous materials incidents.
          (5) Recommendations.--The RESPONSE Subcommittee shall develop 
        recommendations, as appropriate, for improving emergency 
        responder training and resource allocation for hazardous 
        materials incidents involving railroads after evaluating the 
        following topics:
                  (A) The quality and application of training for State 
                and local emergency responders relating to rail 
                hazardous materials incidents, including training for 
                emergency responders serving small communities near 
                railroads, including the following:
                          (i) Ease of access to relevant training for 
                        State and local emergency responders, including 
                        an analysis of--
                                  (I) the number of individual being 
                                trained;
                                  (II) the number of individuals who 
                                are applying;
                                  (III) whether current demand is being 
                                met;
                                  (IV) current challenges; and
                                  (V) projected needs.
                          (ii) Modernization of training course content 
                        relating to rail hazardous materials incidents, 
                        with a particular focus on fluctuations in oil 
                        shipments by rail, including regular and 
                        ongoing evaluation of course opportunities, 
                        adaptation to emerging trends, agency and 
                        private-sector outreach, effectiveness, and 
                        ease of access for State and local emergency 
                        responders.
                          (iii) Identification of overlap in training 
                        content and identification of opportunities to 
                        develop complementary courses and materials 
                        among governmental and nongovernmental 
                        entities.
                          (iv) Online training platforms, train-the-
                        trainer, and mobile training options.
                  (B) The availability and effectiveness of Federal, 
                State, local, and nongovernmental funding levels 
                related to training emergency responders for rail 
                hazardous materials incidents, including emergency 
                responders serving small communities near railroads, 
                including--
                          (i) identifying overlap in resource 
                        allocation;
                          (ii) identifying cost-saving measures that 
                        can be implemented to increase training 
                        opportunities;
                          (iii) leveraging government funding with 
                        nongovernmental funding to enhance training 
                        opportunities and fill existing training gaps;
                          (iv) adaptation of priority settings for 
                        agency funding allocations in response to 
                        emerging trends;
                          (v) historic levels of funding across Federal 
                        agencies for rail hazardous materials incident 
                        response and training, including funding 
                        provided by the private sector to public 
                        entities or in conjunction with Federal 
                        programs; and
                          (vi) current funding resources across 
                        agencies.
                  (C) The strategy for integrating commodity flow 
                studies, mapping, and rail and hazardous materials 
                databases for State and local emergency responders and 
                increasing the rate of access to the individual 
                responder in existing or emerging communications 
                technology.
          (6) Report.--
                  (A) In general.--Not later than December 16, 2017, 
                the RESPONSE Committee shall submit a report to the 
                National Advisory Council that--
                          (i) includes the recommendations developed 
                        under paragraph (5);
                          (ii) specifies the timeframes for 
                        implementing the recommendations that do not 
                        require congressional action; and
                          (iii) identifies the recommendations that do 
                        require congressional action.
                  (B) Review.--Not later than 30 days after receiving 
                the report under subparagraph (A), the National 
                Advisory Council shall begin a review of the report. 
                The National Advisory Council may ask for additional 
                clarification, changes, or other information from the 
                RESPONSE Subcommittee to assist in the approval of the 
                recommendations.
                  (C) Recommendations.--Once the National Advisory 
                Council approves the recommendations of the RESPONSE 
                Subcommittee, the National Advisory Council shall 
                submit the report to--
                          (i) the co-chairpersons of the RESPONSE 
                        Subcommittee;
                          (ii) the head of each other agency 
                        represented on the RESPONSE Subcommittee;
                          (iii) the Committee on Homeland Security and 
                        Governmental Affairs of the Senate;
                          (iv) the Committee on Commerce, Science, and 
                        Transportation of the Senate;
                          (v) the Committee on Homeland Security of the 
                        House of Representatives; and
                          (vi) the Committee on Transportation and 
                        Infrastructure of the House of Representatives.
          (7) Interim activity.--
                  (A) Updates and oversight.--After the submission of 
                the report by the National Advisory Council under 
                paragraph (6), the Administrator shall--
                          (i) provide annual updates to the 
                        congressional committees referred to in 
                        paragraph (6)(C) regarding the status of the 
                        implementation of the recommendations developed 
                        under paragraph (5); and
                          (ii) coordinate the implementation of the 
                        recommendations described in paragraph 
                        (5)(A)(i), as appropriate.
                  (B) Sunset.--The requirements of subparagraph (A) 
                shall terminate on the date that is 2 years after the 
                date of the submission of the report required under 
                paragraph (6)(A).
          (8) Termination.--The RESPONSE Subcommittee shall terminate 
        not later than 90 days after the submission of the report 
        required under paragraph (6))(C).
  (e) Applicability of Federal Advisory Committee Act.--
          (1) In general.--Notwithstanding section 10381(a) of this 
        title and subject to paragraph (2), the Federal Advisory 
        Committee Act (5 U.S.C. App.), including section 10(a), (b), 
        and (d), and section 552b(c) of title 5, apply to the National 
        Advisory Council.
          (2) Termination.--Section 14(a)(2) of the Federal Advisory 
        Committee Act (5 U.S.C. App.) does not apply to the National 
        Advisory Council.
Sec. 11109. National Integration Center
  (a) In General.--There is in the Agency the National Integration 
Center.
  (b) Responsibilities.--
          (1) In general.--The Administrator and the National 
        Integration Center, and in consultation with other Federal 
        departments and agencies and the National Advisory Council, 
        shall ensure ongoing management and maintenance of the National 
        Incident Management System, the National Response Plan, and a 
        successor to the system or plan.
          (2) Review and revision of system and plan.--The National 
        Integration Center shall periodically review, and revise as 
        appropriate, the National Incident Management System and the 
        National Response Plan, including--
                  (A) establishing, in consultation with the Director 
                of the Corporation for National and Community Service, 
                a process to better use volunteers and donations;
                  (B) improving the use of Federal, State, local, and 
                tribal resources and ensuring the effective use of 
                emergency response providers at emergency scenes; and
                  (C) revising the Catastrophic Incident Annex, 
                finalizing and releasing the Catastrophic Incident 
                Supplement to the National Response Plan, and ensuring 
                that both effectively address response requirements in 
                the event of a catastrophic incident.
  (c) Incident Management.--
          (1) In general.--
                  (A) National response plan.--The Administrator shall 
                ensure that the National Response Plan provides for a 
                clear chain of command to lead and coordinate the 
                Federal response to a natural disaster, act of 
                terrorism, or other man-made disaster.
                  (B) Administrator.--The chain of the command 
                specified in the National Response Plan shall provide 
                for a role for--
                          (i) the Administrator consistent with the 
                        role of the Administrator as the principal 
                        emergency management advisor to the President, 
                        the Homeland Security Council, and the 
                        Secretary under section 11102(b)(2) of this 
                        title and the responsibility of the 
                        Administrator under the Post-Katrina Emergency 
                        Management Reform Act of 2006 (Public Law 109-
                        295, 120 Stat. 1394), and the amendments made 
                        by that Act, relating to natural disasters, 
                        acts of terrorism, and other man-made 
                        disasters; and
                          (ii) the Federal Coordinating Officer 
                        consistent with the responsibilities under 
                        section 302(b) of the Robert T. Stafford 
                        Disaster Relief and Emergency Assistance Act 
                        (42 U.S.C. 5143(b)).
          (2) Principal federal official or director of a joint task 
        force.--The Principal Federal Official (or the successor to the 
        Official) or a Director of a Joint Task Force established under 
        section 11508 of this title shall not--
                  (A) direct or replace the incident command structure 
                established at the incident; or
                  (B) have directive authority over the Senior Federal 
                Law Enforcement Official, Federal Coordinating Officer, 
                or other Federal and State officials.
Sec. 11110. Credentialing and typing
  (a) In General.--The Administrator shall enter into a memorandum of 
understanding with the administrators of the Emergency Management 
Assistance Compact, State, local, and tribal governments, and 
organizations that represent emergency response providers, to 
collaborate on developing standards for deployment capabilities, 
including for credentialing and typing of incident management 
personnel, emergency response providers, and other personnel (including 
temporary personnel) and resources likely needed to respond to natural 
disasters, acts of terrorism, and other man-made disasters.
  (b) Distribution.--
          (1) In general.--The Administrator shall provide the 
        standards developed under subsection (a), including detailed 
        written guidance, to--
                  (A) each Federal agency that has responsibilities 
                under the National Response Plan to aid that agency 
                with credentialing and typing incident management 
                personnel, emergency response providers, and other 
                personnel (including temporary personnel) and resources 
                likely needed to respond to a natural disaster, act of 
                terrorism, or other man-made disaster; and
                  (B) State, local, and tribal governments, to aid the 
                governments with credentialing and typing of State, 
                local, and tribal incident management personnel, 
                emergency response providers, and other personnel 
                (including temporary personnel) and resources likely 
                needed to respond to a natural disaster, act of 
                terrorism, or other man-made disaster.
          (2) Assistance.--The Administrator shall provide expertise 
        and technical assistance to aid Federal, State, local, and 
        tribal government agencies with credentialing and typing 
        incident management personnel, emergency response providers, 
        and other personnel (including temporary personnel) and 
        resources likely needed to respond to a natural disaster, act 
        of terrorism, or other man-made disaster.
  (c) Credentialing and Typing of Personnel.--Each Federal agency with 
responsibilities under the National Response Plan shall ensure that 
incident management personnel, emergency response providers, and other 
personnel (including temporary personnel) and resources likely needed 
to respond to a natural disaster, act of terrorism, or other manmade 
disaster are credentialed and typed under this section.
  (d) Consultation on Health Care Standards.--In developing standards 
for credentialing health care professionals under this section, the 
Administrator shall consult with the Secretary of Health and Human 
Services.
Sec. 11111. National Infrastructure Simulation and Analysis Center
  (a) In General.--There is in the Department the National 
Infrastructure Simulation and Analysis Center established under the 
Critical Infrastructure Protection Act of 2001 (42 U.S.C. 5195c(d)) 
which shall serve as a source of national expertise to address critical 
infrastructure protection and continuity through support for activities 
related to--
          (1) counterterrorism, threat assessment, and risk mitigation; 
        and
          (2) a natural disaster, act of terrorism, or other man-made 
        disaster.
  (b) Infrastructure Modeling.--
          (1) Particular support.--The support provided under 
        subsection (a) includes modeling, simulation, and analysis of 
        the systems and assets comprising critical infrastructure, to 
        enhance preparedness, protection, response, recovery, and 
        mitigation activities.
          (2) Relationship with other agencies.--Each Federal agency 
        and department with critical infrastructure responsibilities 
        under Homeland Security Presidential Directive-7, or a 
        successor to the Directive, shall establish a formal 
        relationship, including an agreement regarding information 
        sharing, between the elements of the agency or department and 
        the National Infrastructure Simulation and Analysis Center, 
        through the Department.
          (3) Purpose.--The purpose of the relationship under paragraph 
        (2) is to permit each Federal agency and department described 
        in paragraph (2) to take full advantage of the capabilities of 
        the National Infrastructure Simulation and Analysis Center 
        (particularly vulnerability and consequence analysis), 
        consistent with its work load capacity and priorities, for 
        real-time response to reported and projected natural disasters, 
        acts of terrorism, and other man-made disasters.
          (4) Recipient of certain support.--Modeling, simulation, and 
        analysis provided under this subsection shall be provided to 
        relevant Federal agencies and departments, including Federal 
        agencies and departments with critical infrastructure 
        responsibilities under Homeland Security Presidential 
        Directive-7, or a successor to the Directive.
Sec. 11112. Evacuation plans and exercises
  (a) In General.--Notwithstanding any other provision of law, and 
subject to subsection (d), grants made to States or local or tribal 
governments by the Department through the State Homeland Security Grant 
Program or the Urban Area Security Initiative may be used to--
          (1) establish programs for the development and maintenance of 
        mass evacuation plans under subsection (b) in the event of a 
        natural disaster, act of terrorism, or other man-made disaster;
          (2) prepare for the execution of the plans, including the 
        development of evacuation routes and the purchase and 
        stockpiling of necessary supplies and shelters; and
          (3) conduct exercises of the plans.
  (b) Plan Development.--In developing the mass evacuation plans 
authorized under subsection (a), each State, local, or tribal 
government shall, to the maximum extent practicable--
          (1) establish incident command and decision-making processes;
          (2) ensure that State, local, and tribal government plans, 
        including evacuation routes, are coordinated and integrated;
          (3) identify primary and alternative evacuation routes and 
        methods to increase evacuation capabilities along the routes, 
        such as conversion of two-way traffic to one-way evacuation 
        routes;
          (4) identify evacuation transportation modes and 
        capabilities, including the use of mass and public transit 
        capabilities, and coordinating and integrating evacuation plans 
        for all populations including for those individuals located in 
        hospitals, nursing homes, and other institutional living 
        facilities;
          (5) develop procedures for informing the public of evacuation 
        plans before and during an evacuation, including individuals--
                  (A) with disabilities or other special needs, 
                including the elderly;
                  (B) with limited English proficiency; or
                  (C) who might otherwise have difficulty in obtaining 
                information; and
          (6) identify shelter locations and capabilities.
  (c) Assistance.--
          (1) In general.--The Administrator may establish guidelines, 
        standards, or requirements determined appropriate to administer 
        this section and to ensure effective mass evacuation planning 
        for State, local, and tribal areas.
          (2) Requested assistance.--The Administrator shall make 
        assistance available upon request of a State, local, or tribal 
        government to assist hospitals, nursing homes, and other 
        institutions that house individuals with special needs to 
        establish, maintain, and exercise mass evacuation plans that 
        are coordinated and integrated into the plans developed by that 
        State, local, or tribal government under this section.
  (d) Multipurpose Funds.--Nothing in this section may be construed to 
preclude a State, local, or tribal government from using grant funds in 
a manner that enhances preparedness for a natural or man-made disaster 
unrelated to an act of terrorism, if the use assists the government in 
building capabilities for terrorism preparedness.
Sec. 11113. Disability Coordinator
  (a) In General.--After consultation with organizations representing 
individuals with disabilities, the National Council on Disability, and 
the Interagency Coordinating Council on Emergency Preparedness and 
Individuals with Disabilities, established under Executive Order No. 
13347 (July 22, 2004, 69 Fed. Reg. 44573), the Administrator shall 
appoint a Disability Coordinator. The Disability Coordinator shall 
report directly to the Administrator, in order to ensure that the needs 
of individuals with disabilities are being properly addressed in 
emergency preparedness and disaster relief.
  (b) Responsibilities.--The Disability Coordinator is responsible 
for--
          (1) providing guidance and coordination on matters related to 
        individuals with disabilities in emergency planning 
        requirements and relief efforts in the event of a natural 
        disaster, act of terrorism, or other man-made disaster;
          (2) interacting with the staff of the Agency, the National 
        Council on Disability, the Interagency Coordinating Council on 
        Emergency Preparedness and Individuals with Disabilities 
        established under Executive Order No. 13347 (July 22, 2004, 69 
        Fed. Reg. 44573), other agencies of the Federal Government, and 
        State, local, and tribal government authorities regarding the 
        needs of individuals with disabilities in emergency planning 
        requirements and relief efforts in the event of a natural 
        disaster, act of terrorism, or other man-made disaster;
          (3) consulting with organizations that represent the 
        interests and rights of individuals with disabilities about the 
        needs of individuals with disabilities in emergency planning 
        requirements and relief efforts in the event of a natural 
        disaster, act of terrorism, or other man-made disaster;
          (4) ensuring the coordination and dissemination of best 
        practices and model evacuation plans for individuals with 
        disabilities;
          (5) ensuring the development of training materials and a 
        curriculum for training of emergency response providers, State, 
        local, and tribal government officials, and others on the needs 
        of individuals with disabilities;
          (6) promoting the accessibility of telephone hotlines and 
        websites regarding emergency preparedness, evacuations, and 
        disaster relief;
          (7) working to ensure that video programming distributors, 
        including broadcasters, cable operators, and satellite 
        television services, make emergency information accessible to 
        individuals with hearing and vision disabilities;
          (8) ensuring the availability of accessible transportation 
        options for individuals with disabilities in the event of an 
        evacuation;
          (9) providing guidance and implementing policies to ensure 
        that the rights and wishes of individuals with disabilities 
        regarding post-evacuation residency and relocation are 
        respected;
          (10) ensuring that meeting the needs of individuals with 
        disabilities is included in the components of the national 
        preparedness system established under section 644 of the Post-
        Katrina Emergency Management Reform Act of 2006 (Public Law 
        109-295, 120 Stat. 1425); and
          (11) other duties assigned by the Administrator.
Sec. 11114. National Operations Center
  (a) Definition of Situational Awareness.--In this section, the term 
``situational awareness'' means information gathered from a variety of 
sources that, when communicated to emergency managers, decision makers, 
and other appropriate officials, can form the basis for incident 
management decisionmaking and steady-state activity.
  (b) Establishment.--The National Operations Center is the principal 
operations center for the Department and shall--
          (1) provide situational awareness and a common operating 
        picture for the entire Federal Government, and for State, 
        local, tribal, and territorial governments, the private sector, 
        and international partners as appropriate, for events, threats, 
        and incidents involving a natural disaster, act of terrorism, 
        or other man-made disaster;
          (2) ensure that critical terrorism and disaster-related 
        information reaches government decision-makers; and
          (3) enter into agreements with other Federal operations 
        centers and other homeland security partners, as appropriate, 
        to facilitate the sharing of information.
  (c) State and Local Emergency Responder Representation.--
          (1) Establishment of emergency responder position.--The 
        Secretary shall establish a position, on a rotating basis, for 
        a representative of State and local emergency responders at the 
        National Operations Center established under subsection (b) to 
        ensure the effective sharing of information between the Federal 
        Government and State and local emergency response services.
          (2) Management.--The Secretary shall manage the position 
        established under paragraph (1) in accordance with the rules, 
        regulations, and practices that govern other similar rotating 
        positions at the National Operations Center.
Sec. 11115. Responsibilities of Chief Medical Officer
  The Chief Medical Officer has the primary responsibility in the 
Department for medical issues related to natural disasters, acts of 
terrorism, and other man-made disasters, including--
          (1) serving as the principal advisor to the Secretary and the 
        Administrator on medical and public health issues;
          (2) coordinating the biodefense activities of the Department;
          (3) ensuring internal and external coordination of all 
        medical preparedness and response activities of the Department, 
        including training, exercises, and equipment support;
          (4) serving as the Department's primary point of contact with 
        the Department of Agriculture, the Department of Defense, the 
        Department of Health and Human Services, the Department of 
        Transportation, the Department of Veterans Affairs, and other 
        Federal departments or agencies, on medical and public health 
        issues;
          (5) serving as the Department's primary point of contact for 
        State, local, and tribal governments, the medical community, 
        and others within and outside the Department, with respect to 
        medical and public health matters;
          (6) discharging, in coordination with the Under Secretary for 
        Science and Technology, the responsibilities of the Department 
        related to Project Bioshield; and
          (7) performing any other duties relating to these 
        responsibilities that the Secretary may require.
Sec. 11116. Nuclear incident response
  (a) In General.--At the direction of the Secretary (in connection 
with an actual or threatened terrorist attack, major disaster, or other 
emergency in the United States), the Nuclear Incident Response Team 
shall operate as an organizational unit of the Department. While so 
operating, the Nuclear Incident Response Team shall be subject to the 
direction, authority, and control of the Secretary.
  (b) Rule of Construction.--Nothing in this chapter shall be construed 
to limit the ordinary responsibility of the Secretary of Energy and the 
Administrator of the Environmental Protection Agency for organizing, 
training, equipping, and utilizing their respective entities in the 
Nuclear Incident Response Team, or (subject to the provisions of this 
chapter) from exercising direction, authority, and control over them 
when they are not operating as a unit of the Department.
Sec. 11117. Conduct of certain public health-related activities
  (a) In General.--With respect to all public health-related activities 
to improve State, local, and hospital preparedness and response to 
chemical, biological, radiological, and nuclear and other emerging 
terrorist threats carried out by the Department of Health and Human 
Services (including the Public Health Service), the Secretary of Health 
and Human Services shall set priorities and preparedness goals and 
further develop a coordinated strategy for these activities in 
collaboration with the Secretary.
  (b) Evaluation of Progress.--In carrying out subsection (a), the 
Secretary of Health and Human Services shall collaborate with the 
Secretary in developing specific benchmarks and outcome measurements 
for evaluating progress toward achieving the priorities and goals 
described in subsection (a).
Sec. 11118. Use of national private-sector networks in emergency 
                    response
  To the maximum extent practicable, the Secretary shall use national 
private-sector networks and infrastructure for emergency response to 
chemical, biological, radiological, nuclear, or explosive disasters, 
and other major disasters.
Sec. 11119. Model standards and guidelines for critical infrastructure 
                    workers
  (a) In General.--In coordination with appropriate national 
professional organizations, Federal, State, local, and tribal 
government agencies, and private-sector and nongovernmental entities, 
the Administrator shall establish model standards and guidelines for 
credentialing critical infrastructure workers that may be used by a 
State to credential critical infrastructure workers that may respond to 
a natural disaster, act of terrorism, or other man-made disaster.
  (b) Distribution and Assistance.--The Administrator shall provide the 
standards developed under subsection (a), including detailed written 
guidance, to State, local, and tribal governments, and provide 
expertise and technical assistance to aid the governments with 
credentialing critical infrastructure workers that may respond to a 
natural disaster, act of terrorism, or other man-made disaster.
Sec. 11120. Guidance and recommendations
  (a) In General.--Consistent with their responsibilities and 
authorities under law, as of August 2, 2007, the Administrator and the 
Assistant Secretary for Infrastructure Protection, in consultation with 
the private sector, may develop guidance or recommendations and 
identify best practices to assist or foster action by the private 
sector in--
          (1) identifying potential hazards and assessing risks and 
        impacts;
          (2) mitigating the impact of a wide variety of hazards, 
        including weapons of mass destruction;
          (3) managing necessary emergency preparedness and response 
        resources;
          (4) developing mutual aid agreements;
          (5) developing and maintaining emergency preparedness and 
        response plans, and associated operational procedures;
          (6) developing and conducting training and exercises to 
        support and evaluate emergency preparedness and response plans 
        and operational procedures;
          (7) developing and conducting training programs for security 
        guards to implement emergency preparedness and response plans 
        and operations procedures; and
          (8) developing procedures to respond to requests for 
        information from the media or the public.
  (b) Issuance and Promotion.--Any guidance or recommendations 
developed or best practices identified under subsection (a) shall be--
          (1) issued through the Administrator; and
          (2) promoted by the Secretary to the private sector.
  (c) Small Business Concerns.--In developing guidance or 
recommendations or identifying best practices under subsection (a), the 
Administrator and the Assistant Secretary for Infrastructure Protection 
shall take into consideration small business concerns (under the 
meaning given that term in section 3 of the Small Business Act (15 
U.S.C. 632)), including a need for separate guidance or recommendations 
or best practices, as necessary and appropriate.
  (d) Rule of Construction.--Nothing in this section may be construed 
to supersede a requirement established under any other provision of 
law.
Sec. 11121. Voluntary private-sector preparedness accreditation and 
                    certification program
  (a) Establishment.--
          (1) In general.--The Secretary, acting through the officer 
        designated under paragraph (2), shall establish and implement 
        the voluntary private-sector preparedness accreditation and 
        certification program under this section.
          (2) Designation of officer.--The Secretary shall designate an 
        officer responsible for the accreditation and certification 
        program under this section. The officer (in this section 
        referred to as the ``designated officer'') shall be one of the 
        following:
                  (A) The Administrator, based on consideration of--
                          (i) the expertise of the Administrator in 
                        emergency management and preparedness in the 
                        United States; and
                          (ii) the responsibilities of the 
                        Administrator as the principal advisor to the 
                        President for all matters relating to emergency 
                        management in the United States.
                  (B) The Assistant Secretary for Infrastructure 
                Protection, based on consideration of the expertise of 
                the Assistant Secretary in, and responsibilities for--
                          (i) protection of critical infrastructure;
                          (ii) risk assessment methodologies; and
                          (iii) interacting with the private sector on 
                        the issues described in clauses (i) and (ii).
                  (C) The Under Secretary for Science and Technology, 
                based on consideration of the expertise of the Under 
                Secretary in, and responsibilities associated with, 
                standards.
          (3) Coordination.--In carrying out the accreditation and 
        certification program under this section, the designated 
        officer shall coordinate with--
                  (A) the other officers of the Department referred to 
                in paragraph (2), using the expertise and 
                responsibilities of the officers; and
                  (B) the Special Assistant to the Secretary for the 
                private sector, based on consideration of the expertise 
                of the Special Assistant in, and responsibilities for, 
                interacting with the private sector.
  (b) Voluntary Private-Sector Preparedness Standards; Voluntary 
Accreditation and Certification Program for the Private Sector.--
          (1) Accreditation and certification program.--The designated 
        officer shall--
                  (A) begin supporting the development and updating, as 
                necessary, of voluntary preparedness standards through 
                appropriate organizations that coordinate or facilitate 
                the development and use of voluntary consensus 
                standards and voluntary consensus standards development 
                organizations; and
                  (B) in consultation with representatives of 
                appropriate organizations that coordinate or facilitate 
                the development and use of voluntary consensus 
                standards, appropriate voluntary consensus standards 
                development organizations, each private-sector advisory 
                council created under section 10321(4) of this title, 
                appropriate representatives of State and local 
                governments, including emergency management officials, 
                and appropriate private-sector advisory groups, such as 
                sector coordinating councils and information sharing 
                and analysis centers--
                          (i) develop and promote a program to certify 
                        the preparedness of private-sector entities 
                        that voluntarily choose to seek certification 
                        under the program; and
                          (ii) implement the program under this 
                        subsection through an entity with which the 
                        designated officer enters into an agreement 
                        under paragraph (3)(A), which shall accredit 
                        third parties to carry out the certification 
                        process under this section.
          (2) Program elements.--
                  (A) In general.--
                          (i) The program developed and implemented 
                        under this subsection shall assess whether a 
                        private-sector entity complies with voluntary 
                        preparedness standards.
                          (ii) In developing the program under this 
                        subsection, the designated officer shall 
                        develop guidelines for the accreditation and 
                        certification processes established under this 
                        subsection.
                  (B) Standards.--The designated officer, in 
                consultation with representatives of appropriate 
                organizations that coordinate or facilitate the 
                development and use of voluntary consensus standards, 
                representatives of appropriate voluntary consensus 
                standards development organizations, each private-
                sector advisory council created under section 10321(4) 
                of this title, appropriate representatives of State and 
                local governments, including emergency management 
                officials, and appropriate private-sector advisory 
                groups such as sector coordinating councils and 
                information sharing and analysis centers--
                          (i) shall adopt one or more appropriate 
                        voluntary preparedness standards that promote 
                        preparedness, which may be tailored to address 
                        the unique nature of various sectors in the 
                        private sector, as necessary and appropriate, 
                        that shall be used in the accreditation and 
                        certification program under this subsection; 
                        and
                          (ii) after the adoption of one or more 
                        standards under clause (i), may adopt 
                        additional voluntary preparedness standards or 
                        modify or discontinue the use of voluntary 
                        preparedness standards for the accreditation 
                        and certification program, as necessary and 
                        appropriate to promote preparedness.
                  (C) Submission of recommendations.--In adopting one 
                or more standards under subparagraph (B), the 
                designated officer may receive recommendations from an 
                entity described in that subparagraph relating to 
                appropriate voluntary preparedness standards, including 
                appropriate sector specific standards, for adoption in 
                the program.
                  (D) Small business concerns.--The designated officer 
                and an entity with which the designated officer enters 
                into an agreement under paragraph (3)(A) shall 
                establish separate classifications and methods of 
                certification for small business concerns (under the 
                meaning given that term in section 3 of the Small 
                Business Act (15 U.S.C. 632)) for the program under 
                this subsection.
                  (E) Considerations.--In developing and implementing 
                the program under this subsection, the designated 
                officer shall--
                          (i) consider the unique nature of various 
                        sectors in the private sector, including 
                        preparedness standards, business continuity 
                        standards, or best practices, established--
                                  (I) under any other provision of 
                                Federal law; or
                                  (II) by a sector-specific agency, as 
                                defined under Homeland Security 
                                Presidential Directive-7; and
                          (ii) coordinate the program, as appropriate, 
                        with--
                                  (I) other Department private-sector-
                                related programs; and
                                  (II) preparedness and business 
                                continuity programs in other Federal 
                                agencies.
          (3) Accreditation and certification processes.--
                  (A) Agreement.--
                          (i) The designated officer shall enter into 
                        one or more agreements with a highly qualified 
                        nongovernmental entity with experience or 
                        expertise in coordinating and facilitating the 
                        development and use of voluntary consensus 
                        standards and in managing or implementing 
                        accreditation and certification programs for 
                        voluntary consensus standards, or a similarly 
                        qualified private-sector entity, to carry out 
                        accreditations and oversee the certification 
                        process under this subsection. An entity 
                        entering into an agreement with the designated 
                        officer under this clause (in this section 
                        referred to as a ``selected entity'') shall not 
                        perform certifications under this subsection.
                          (ii) A selected entity shall manage the 
                        accreditation process and oversee the 
                        certification process in accordance with the 
                        program established under this subsection and 
                        accredit qualified third parties to carry out 
                        the certification program established under 
                        this subsection.
                  (B) Procedures and requirements for accreditation and 
                certification.--
                          (i) Collaboration.--A selected entity shall 
                        collaborate to develop procedures and 
                        requirements for the accreditation and 
                        certification processes under this subsection, 
                        in accordance with the program established 
                        under this subsection and guidelines developed 
                        under paragraph (2)(A)(ii).
                          (ii) Reasonable uniformity; use.--The 
                        procedures and requirements developed under 
                        clause (i) shall--
                                  (I) ensure reasonable uniformity in 
                                accreditation and certification 
                                processes if there is more than one 
                                selected entity; and
                                  (II) be used by a selected entity in 
                                conducting accreditations and 
                                overseeing the certification process 
                                under this subsection.
                          (iii) Resolution of disagreement.--A 
                        disagreement among selected entities in 
                        developing procedures under clause (i) shall be 
                        resolved by the designated officer.
                  (C) Designation.--A selected entity may accredit a 
                qualified third party to carry out the certification 
                process under this subsection.
                  (D) Disadvantaged business involvement.--In 
                accrediting qualified third parties to carry out the 
                certification process under this subsection, a selected 
                entity shall ensure, to the extent practicable, that 
                the third parties include qualified small, minority, 
                women-owned, or disadvantaged business concerns when 
                appropriate. The term ``disadvantaged business 
                concern'' means a small business that is owned and 
                controlled by socially and economically disadvantaged 
                individuals, as defined in section 124 of title 13, 
                Code of Federal Regulations.
                  (E) Treatment of other certifications.--At the 
                request of an entity seeking certification, a selected 
                entity may consider, as appropriate, other relevant 
                certifications acquired by the entity seeking 
                certification. If the selected entity determines that 
                the other certifications are sufficient to meet the 
                certification requirement or aspects of the 
                certification requirement under this section, the 
                selected entity may give credit to the entity seeking 
                certification, as appropriate, to avoid unnecessarily 
                duplicative certification requirements.
                  (F) Third parties.--To be accredited under 
                subparagraph (C), a third party shall--
                          (i) demonstrate that the third party has the 
                        ability to certify private-sector entities in 
                        accordance with the procedures and requirements 
                        developed subparagraph (B);
                          (ii) agree to perform certifications in 
                        accordance with the procedures and 
                        requirements;
                          (iii) agree not to have a beneficial interest 
                        in or direct or indirect control over--
                                  (I) a private-sector entity for which 
                                that third party conducts a 
                                certification under this subsection; or
                                  (II) an organization that provides 
                                preparedness consulting services to 
                                private-sector entities;
                          (iv) agree not to have any other conflict of 
                        interest with respect to a private-sector 
                        entity for which the third party conducts a 
                        certification under this subsection;
                          (v) maintain liability insurance coverage at 
                        policy limits in accordance with the 
                        requirements developed under subparagraph (B); 
                        and
                          (vi) enter into an agreement with the 
                        selected entity accrediting that third party to 
                        protect proprietary information of a private-
                        sector entity obtained under this subsection.
                  (G) Monitoring.--
                          (i) Ensure compliance.--The designated 
                        officer and an selected entity shall regularly 
                        monitor and inspect the operations of a third 
                        party conducting certifications under this 
                        subsection to ensure that the third party is 
                        complying with the procedures and requirements 
                        established under subparagraph (B) and all 
                        other applicable requirements.
                          (ii) Procedures or requirements not met.--If 
                        the designated officer or a selected entity 
                        determines that a third party is not meeting 
                        the procedures or requirements established 
                        under subparagraph (B), the selected entity 
                        shall--
                                  (I) revoke the accreditation of that 
                                third party to conduct certifications 
                                under this subsection; and
                                  (II) review the certification 
                                conducted by that third party, as 
                                necessary and appropriate.
          (4) Annual review.--
                  (A) In general.--The designated officer, in 
                consultation with representatives of appropriate 
                organizations that coordinate or facilitate the 
                development and use of voluntary consensus standards, 
                appropriate voluntary consensus standards development 
                organizations, appropriate representatives of State and 
                local governments, including emergency management 
                officials, and each private-sector advisory council 
                created under section 10321(4) of this title, shall 
                annually review the voluntary accreditation and 
                certification program established under this subsection 
                to ensure the effectiveness of the program (including 
                the operations and management of the program by a 
                selected entity and the selected entity's inclusion of 
                qualified disadvantaged business concerns under 
                paragraph (3)(D)) and make improvements and adjustments 
                to the program as necessary and appropriate.
                  (B) Review of standards.--Each review under 
                subparagraph (A) shall include an assessment of the 
                voluntary preparedness standard or standards used in 
                the program under this subsection.
          (5) Voluntary participation.--Certification under this 
        subsection shall be voluntary for a private-sector entity.
          (6) Public listing.--The designated officer shall maintain 
        and make public a listing of any private-sector entity 
        certified as being in compliance with the program established 
        under this subsection, if that private-sector entity consents 
        to the listing.
  (c) Rule of Construction.--Nothing in this section may be construed 
as--
          (1) a requirement to replace preparedness, emergency 
        response, or business continuity standards, requirements, or 
        best practices established--
                  (A) under any other provision of federal law; or
                  (B) by a sector-specific agency, as those agencies 
                are defined under Homeland Security Presidential 
                Directive-7; or
          (2) exempting a private-sector entity seeking certification 
        or meeting certification requirements under subsection (b) from 
        compliance with all applicable statutes, regulations, 
        directives, policies, and industry codes of practice.
Sec. 11122. Acceptance of gifts
  (a) Authority.--The Secretary may accept and use gifts of property, 
both real and personal, and may accept gifts of services, including 
from guest lecturers, for otherwise authorized activities of the Center 
for Domestic Preparedness that are related to efforts to prevent, 
prepare for, protect against, or respond to a natural disaster, act of 
terrorism, or other man-made disaster, including the use of a weapon of 
mass destruction.
  (b) Prohibition.--The Secretary may not accept a gift under this 
section if the Secretary determines that the use of the property or 
services would compromise the integrity or appearance of integrity of--
          (1) a program of the Department; or
          (2) an individual involved in a program of the Department.
  (c) Report.--
          (1) In general.--The Secretary shall submit to the Committee 
        on Homeland Security of the House of Representatives and the 
        Committee on Homeland Security and Governmental Affairs of the 
        Senate an annual report disclosing--
                  (A) gifts that were accepted under this section 
                during the year covered by the report;
                  (B) how the gifts contribute to the mission of the 
                Center for Domestic Preparedness; and
                  (C) the amount of Federal savings that were generated 
                from the acceptance of the gifts.
          (2) Publication.--Each report required under paragraph (1) 
        shall be made publicly available.
Sec. 11123. Integrated public alert and warning system modernization
  (a) In General.--To provide timely and effective warnings regarding 
natural disasters, acts of terrorism, and other man-made disasters or 
threats to public safety, the Administrator shall--
          (1) modernize the integrated public alert and warning system 
        of the United States (in this section referred to as the 
        ``public alert and warning system'') to help ensure that under 
        all conditions the President and, except to the extent the 
        public alert and warning system is in use by the President, 
        Federal agencies and State, tribal, and local governments can 
        alert and warn the civilian population in areas endangered by 
        natural disasters, acts of terrorism, and other man-made 
        disasters or threats to public safety; and
          (2) implement the public alert and warning system to 
        disseminate timely and effective warnings regarding natural 
        disasters, acts of terrorism, and other man-made disasters or 
        threats to public safety.
  (b) Implementation Requirements.--In carrying out subsection (a), the 
Administrator shall--
          (1) establish or adopt, as appropriate, common alerting and 
        warning protocols, standards, terminology, and operating 
        procedures for the public alert and warning system;
          (2) include in the public alert and warning system the 
        capability to adapt the distribution and content of 
        communications on the basis of geographic location, risks, and 
        multiple communication systems and technologies, as appropriate 
        and to the extent technically feasible;
          (3) include in the public alert and warning system the 
        capability to alert, warn, and provide equivalent information 
        to individuals with disabilities, individuals with access and 
        functional needs, and individuals with limited-English 
        proficiency, to the extent technically feasible;
          (4) ensure that training, tests, and exercises are conducted 
        for the public alert and warning system, including by--
                  (A) incorporating the public alert and warning system 
                into other training and exercise programs of the 
                Department, as appropriate;
                  (B) establishing and integrating into the National 
                Incident Management System a comprehensive and periodic 
                training program to instruct and educate Federal, 
                State, tribal, and local government officials in the 
                use of the Common Alerting Protocol enabled Emergency 
                Alert System; and
                  (C) conducting, not less than once every 3 years, 
                periodic nationwide tests of the public alert and 
                warning system;
          (5) to the extent practicable, ensure that the public alert 
        and warning system is resilient and secure and can withstand 
        acts of terrorism and other external attacks;
          (6) conduct public education efforts so that State, tribal, 
        and local governments, private entities, and the people of the 
        United States reasonably understand the functions of the public 
        alert and warning system and how to access, use, and respond to 
        information from the public alert and warning system through a 
        general market awareness campaign;
          (7) consult, coordinate, and cooperate with the appropriate 
        private-sector entities and Federal, State, tribal, and local 
        governmental authorities, including the Regional Administrators 
        and emergency response providers;
          (8) consult and coordinate with the Federal Communications 
        Commission, taking into account rules and regulations 
        promulgated by the Federal Communications Commission; and
          (9) coordinate with and consider the recommendations of the 
        Integrated Public Alert and Warning System Subcommittee 
        established under section 2(b) of the Integrated Public Alert 
        and Warning System Modernization Act of 2015 (Public Law 114-
        143, 130 Stat. 329).
  (c) System Requirements.--The public alert and warning system shall--
          (1) to the extent determined appropriate by the 
        Administrator, incorporate multiple communications 
        technologies;
          (2) be designed to adapt to, and incorporate, future 
        technologies for communicating directly with the public;
          (3) to the extent technically feasible, be designed--
                  (A) to provide alerts to the largest portion of the 
                affected population feasible, including nonresident 
                visitors and tourists, individuals with disabilities, 
                individuals with access and functional needs, and 
                individuals with limited-English proficiency; and
                  (B) to improve the ability of remote areas to receive 
                alerts;
          (4) promote local and regional public and private 
        partnerships to enhance community preparedness and response;
          (5) provide redundant alert mechanisms where practicable so 
        as to reach the greatest number of people; and
          (6) to the extent feasible, include a mechanism to ensure the 
        protection of individual privacy.
  (d) Use of System.--Except to the extent necessary for testing the 
public alert and warning system, the public alert and warning system 
shall not be used to transmit a message that does not relate to a 
natural disaster, act of terrorism, or other man-made disaster or 
threat to public safety.
  (e) Performance Reports.--
          (1) In General.--Not later than April 11, 2017, and 2018, the 
        Administrator shall make available on the public website of the 
        Agency a performance report, which shall--
                  (A) establish performance goals for the 
                implementation of the public alert and warning system 
                by the Agency;
                  (B) describe the performance of the public alert and 
                warning system, including--
                          (i) the type of technology used for alerts 
                        and warnings issued under the system;
                          (ii) the measures taken to alert, warn, and 
                        provide equivalent information to individuals 
                        with disabilities, individuals with access and 
                        functional needs, and individuals with limited-
                        English proficiency; and
                          (iii) the training, tests, and exercises 
                        performed and the outcomes obtained by the 
                        Agency;
                  (C) identify significant challenges to the effective 
                operation of the public alert and warning system and 
                any plans to address the challenges;
                  (D) identify other necessary improvements to the 
                system; and
                  (E) provide an analysis comparing the performance of 
                the public alert and warning system with the 
                performance goals established under subparagraph (A).
          (2) Submission to Congress.--The Administrator shall submit 
        to the Committee on Homeland Security and Governmental Affairs 
        and the Committee on Commerce, Science, and Transportation of 
        the Senate and the Committee on Transportation and 
        Infrastructure and the Committee on Homeland Security of the 
        House of Representatives each report required under paragraph 
        (1).
Sec. 11124. National planning and education
  The Secretary shall, to the extent practicable--
          (1) include in national planning frameworks the threat of an 
        EMP or GMD event; and
          (2) conduct outreach to educate owners and operators of 
        critical infrastructure, emergency planners, and emergency 
        response providers at all levels of government regarding 
        threats of EMP and GMD.

          Chapter 113--Transportation Security 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.

                         Subchapter I--General

Sec. 11301. Functions
  (a) Functions.--The Administrator of the Transportation Security 
Administration (in this chapter referred to as the ``Administrator''), 
is responsible for security in all modes of transportation, including--
          (1) carrying out chapter 409 of this title and related 
        research and development activities; and
          (2) security responsibilities over other modes of 
        transportation that were exercised by the Department of 
        Transportation prior to March 1, 2003.
  (b) Screening Operations.--The Administrator shall--
          (1) be responsible for day-to-day Federal security screening 
        operations for passenger air transportation and intrastate air 
        transportation under sections 40911 and 40953 of this title;
          (2) develop standards for the hiring and retention of 
        security screening personnel;
          (3) train and test security screening personnel; and
          (4) be responsible for hiring and training personnel to 
        provide security screening at all airports in the United States 
        where screening is required under section 40911 of this title, 
        in consultation with the Secretary of Transportation and the 
        heads of other appropriate Federal agencies and departments.
  (c) Additional Duties and Powers.--In addition to carrying out the 
functions specified in subsections (a) and (b), the Administrator 
shall--
          (1) receive, assess, and distribute intelligence information 
        related to transportation security;
          (2) assess threats to transportation;
          (3) develop policies, strategies, and plans for dealing with 
        threats to transportation security;
          (4) make other plans related to transportation security, 
        including coordinating countermeasures with appropriate 
        departments, agencies, and instrumentalities of the United 
        States Government;
          (5) serve as the primary liaison for transportation security 
        to the intelligence and law enforcement communities;
          (6) on a day-to-day basis, manage and provide operational 
        guidance to the field security resources of the Transportation 
        Security Administration, including Federal Security Managers as 
        provided by section 40951 of this title;
          (7) enforce security-related regulations and requirements;
          (8) identify and undertake research and development 
        activities necessary to enhance transportation security;
          (9) inspect, maintain, and test security facilities, 
        equipment, and systems;
          (10) ensure the adequacy of security measures for the 
        transportation of cargo;
          (11) oversee the implementation, and ensure the adequacy, of 
        security measures at airports and other transportation 
        facilities;
          (12) require background checks for airport security screening 
        personnel, individuals with access to secure areas of airports, 
        and other transportation security personnel;
          (13) work in conjunction with the Administrator of the 
        Federal Aviation Administration with respect to actions or 
        activities that may affect aviation safety or air carrier 
        operations;
          (14) work with the International Civil Aviation Organization 
        and appropriate aeronautic authorities of foreign governments 
        under section 40917 of this title, to address security concerns 
        on passenger flights by foreign air carriers in foreign air 
        transportation; and
          (15) carry out other duties, and exercise other powers, 
        relating to transportation security the Administrator considers 
        appropriate, to the extent authorized by law.
Sec. 11302. National emergency responsibilities
  (a) In General.--The Administrator, during a national emergency, has 
the following responsibilities:
          (1) To coordinate domestic transportation, including 
        aviation, rail, and other surface transportation, and maritime 
        transportation (including port security).
          (2) To coordinate and oversee the transportation-related 
        responsibilities of other departments and agencies of the 
        Federal Government other than the Department of Defense and the 
        military departments.
          (3) To coordinate and provide notice to other departments and 
        agencies of the Federal Government, and appropriate agencies of 
        State and local governments, including departments and agencies 
        for transportation, law enforcement, and border control, about 
        threats to transportation.
          (4) To carry out other duties, and exercise other powers, 
        relating to transportation during a national emergency, that 
        the Secretary shall prescribe.
  (b) Authority of Other Departments and Agencies.--The authority of 
the Administrator under this section shall not supersede the authority 
of another department or agency of the Federal Government under law 
with respect to transportation or transportation-related matters, 
whether or not during a national emergency.
  (c) Circumstances.--The Secretary shall prescribe the circumstances 
constituting a national emergency for purposes of this section.
Sec. 11303. Management of security information
  In consultation with the Transportation Security Oversight Board, the 
Administrator shall--
          (1) enter into memoranda of understanding with Federal 
        agencies or other entities to share or otherwise cross-check as 
        necessary data on individuals identified on Federal agency 
        databases who may pose a risk to transportation or national 
        security;
          (2) establish procedures for notifying the Administrator of 
        the Federal Aviation Administration, appropriate State and 
        local law enforcement officials, and airport or airline 
        security officers of the identity of individuals known to pose, 
        or suspected of posing, a risk of air piracy or terrorism or a 
        threat to airline or passenger safety;
          (3) in consultation with other appropriate Federal agencies 
        and air carriers, establish policies and procedures requiring 
        air carriers--
                  (A) to use information from government agencies to 
                identify individuals on passenger lists who may be a 
                threat to civil aviation or national security; and
                  (B) if such an individual is identified, notify 
                appropriate law enforcement agencies, prevent the 
                individual from boarding an aircraft, or take other 
                appropriate action with respect to that individual; and
          (4) consider requiring passenger air carriers to share 
        passenger lists with appropriate Federal agencies for the 
        purpose of identifying individuals who may pose a threat to 
        aviation safety or national security.
Sec. 11304. View of National Transportation Safety Board
  In taking an action under this section that could affect safety, the 
Administrator shall give great weight to the timely views of the 
National Transportation Safety Board.
Sec. 11305. Acquisitions
  (a) In General.--The Administrator may--
          (1) acquire (by purchase, lease, condemnation, or otherwise) 
        real property, or an interest in the property, in and outside 
        the continental United States, that the Administrator considers 
        necessary;
          (2) acquire (by purchase, lease, condemnation, or otherwise) 
        and to construct, repair, operate, and maintain personal 
        property (including office space and patents), or an interest 
        in the property, in and outside the continental United States, 
        that the Administrator considers necessary;
          (3) lease to others the real and personal property and to 
        provide by contract or otherwise for necessary facilities for 
        the welfare of Transportation Security Administration employees 
        and to acquire, maintain, and operate equipment for these 
        facilities;
          (4) acquire services, including personal services the 
        Secretary determines necessary, and to acquire (by purchase, 
        lease, condemnation, or otherwise) and to construct, repair, 
        operate, and maintain research and testing sites and 
        facilities; and
          (5) in cooperation with the Administrator of the Federal 
        Aviation Administration, utilize the research and development 
        facilities of the Federal Aviation Administration.
  (b) Title.--Title to property or an interest in property acquired 
under this section shall be held by the Government of the United 
States.
  (c) Charge for Lease of Real and Personal Property.--Notwithstanding 
section 3302 of title 31, the Administrator may impose a reasonable 
charge for the lease of real and personal property to Transportation 
Security Administration employees and for use by Transportation 
Security Administration employees and may credit amounts received to 
the appropriation or fund initially charged for operating and 
maintaining the property. The amounts are available, without fiscal 
year limitation, for expenditure for property management, operation, 
protection, construction, repair, alteration, and related activities.
Sec. 11306. Transfers of funds
  The Administrator may accept transfers of unobligated balances and 
unexpended balances of funds appropriated to other Federal agencies (as 
the term ``agency'' is defined in section 551(1) of title 5) to carry 
out functions transferred, on or after November 19, 2001, by law to the 
Administrator.
Sec. 11307. Regulations
  (a) In General.--The Administrator may issue, rescind, and revise 
regulations as necessary to carry out the functions of the 
Transportation Security Administration.
  (b) Emergency Procedures.--
          (1) In general.--Notwithstanding any other provision of law 
        or executive order (including an executive order requiring a 
        cost-benefit analysis), if the Administrator determines that a 
        regulation or security directive must be issued immediately in 
        order to protect transportation security, the Administrator 
        shall issue the regulation or security directive without 
        providing notice or an opportunity for comment and without 
        prior approval of the Secretary.
          (2) Review by transportation security oversight board.--A 
        regulation or security directive issued under this subsection 
        shall be subject to review by the Transportation Security 
        Oversight Board established under section 10320 of this title. 
        A regulation or security directive issued under this subsection 
        shall remain effective for a period not to exceed 90 days 
        unless ratified or disapproved by the Board or rescinded by the 
        Secretary.
  (c) Factors To Consider.--In determining whether to issue, rescind, 
or revise a regulation under this chapter, the Administrator shall 
consider, as a factor in the final determination, whether the costs of 
the regulation are excessive in relation to the enhancement of security 
the regulation will provide. The Administrator may waive requirements 
for an analysis that estimates the number of lives that will be saved 
by the regulation and the monetary value of lives if the Administrator 
determines that it is not feasible to make an estimate.
  (d) Airworthiness Objections by Federal Aviation Administration.--
          (1) In general.--The Administrator shall not take an aviation 
        security action under this title if the Administrator of the 
        Federal Aviation Administration notifies the Administrator that 
        the action could adversely affect the airworthiness of an 
        aircraft.
          (2) Review by administrator.--Notwithstanding paragraph (1), 
        the Administrator may take an aviation security action, after 
        receiving a notification concerning the action from the 
        Administrator of the Federal Aviation Administration under 
        paragraph (1), if the Secretary subsequently approves the 
        action.
Sec. 11308. Personnel and services
  (a) Authority of Administrator.--In carrying out the functions of the 
Transportation Security Administration, the Administrator has the same 
authority as is provided to the Administrator of the Federal Aviation 
Administration under subsections (l) and (m) of section 106 of title 
49.
  (b) Authority of Agency Heads.--The head of a Federal agency shall 
have the same authority to provide services, supplies, equipment, 
personnel, and facilities to the Secretary as the head has to provide 
services, supplies, equipment, personnel, and facilities to the 
Administrator of the Federal Aviation Administration under section 
106(m) of title 49.
Sec. 11309. Personnel management system
  (a) In General.--The personnel management system established by the 
Administrator of the Federal Aviation Administration under section 
40122 of title 49 applies to employees of the Transportation Security 
Administration
  (b) Modifications.--Subject to the requirements of section 40122 of 
title 49, the Administrator may make modifications to the personnel 
management system with respect to such employees as the Administrator 
considers appropriate.
Sec. 11310. Authority of Inspector General
  The Transportation Security Administration is subject to the 
Inspector General Act of 1978 (5 U.S.C. App.) and other laws relating 
to the authority of the Inspector General of the Department.
Sec. 11311. Law enforcement powers
  (a) In General.--The Administrator may designate an employee of the 
Transportation Security Administration or other Federal agency to serve 
as a law enforcement officer.
  (b) Powers.--While engaged in official duties of the Transportation 
Security Administration as required to fulfill the responsibilities 
under this section, a law enforcement officer designated under 
paragraph (1) may--
          (1) carry a firearm;
          (2) make an arrest without a warrant for any offense against 
        the United States committed in the presence of the officer, or 
        for any felony cognizable under the laws of the United States 
        if the officer has probable cause to believe that the person to 
        be arrested has committed or is committing the felony; and
          (3) seek and execute warrants for arrest or seizure of 
        evidence issued under the authority of the United States upon 
        probable cause that a violation has been committed.
  (c) Guidelines on Exercise of Authority.--The authority provided by 
this section shall be exercised in accordance with guidelines 
prescribed by the Administrator, in consultation with the Attorney 
General, and shall include adherence to the Attorney General's policy 
on use of deadly force.
  (d) Revocation or Suspension of Authority.--The powers authorized by 
this section may be rescinded or suspended should the Attorney General 
determine that the Administrator has not complied with the guidelines 
prescribed in paragraph (3) and conveys the determination in writing to 
the Secretary and the Administrator.
Sec. 11312. Authority to exempt
  The Administrator may grant an exemption from a regulation prescribed 
in carrying out this chapter if the Administrator determines that the 
exemption is in the public interest.
Sec. 11313. Nondisclosure of security activities
  (a) In General.--Notwithstanding section 552 of title 5, the 
Administrator shall prescribe regulations prohibiting the disclosure of 
information obtained or developed in carrying out security under 
authority of chapter 409 of this title or the Aviation and 
Transportation Security Act (Public Law 107-71, 115 Stat. 597) if the 
Administrator decides that disclosing the information would--
          (1) be an unwarranted invasion of personal privacy;
          (2) reveal a trade secret or privileged or confidential 
        commercial or financial information; or
          (3) be detrimental to the security of transportation.
  (b) Availability of Information to Congress.--Subsection (a) does not 
authorize information to be withheld from a committee of Congress 
authorized to have the information.
  (c) Limitation on Transferability of Duties.--Except as otherwise 
provided by law, the Administrator may not transfer a duty or power 
under this section to another department, agency, or instrumentality of 
the United States.
  (d) Limitations.--Nothing in this section, or any other provision of 
law, shall be construed to authorize the designation of information as 
sensitive security information (as defined in section 1520.5 of title 
49, Code of Federal Regulations)--
          (1) to conceal a violation of law, inefficiency, or 
        administrative error;
          (2) to prevent embarrassment to a person, organization, or 
        agency;
          (3) to restrain competition; or
          (4) to prevent or delay the release of information that does 
        not require protection in the interest of transportation 
        security, including basic scientific research information not 
        clearly related to transportation security.
Sec. 11314. Transportation security strategic planning
  (a) In General.--The Secretary shall develop, prepare, implement, and 
update, as needed--
          (1) a National Strategy for Transportation Security; and
          (2) transportation modal security plans addressing security 
        risks, including threats, vulnerabilities, and consequences, 
        for aviation, railroad, ferry, highway, maritime, pipeline, 
        public transportation, over-the-road bus, and other 
        transportation infrastructure assets.
  (b) Role of Secretary of Transportation.--The Secretary shall work 
jointly with the Secretary of Transportation in developing, revising, 
and updating the documents required by paragraph (1).
  (c) Contents of National Strategy for Transportation Security.--The 
National Strategy for Transportation Security shall include the 
following:
          (1) An identification and evaluation of the transportation 
        assets in the United States that, in the interests of national 
        security and commerce, must be protected from attack or 
        disruption by terrorist or other hostile forces, including 
        modal security plans for aviation, bridge and tunnel, commuter 
        rail and ferry, highway, maritime, pipeline, rail, mass 
        transit, over-the-road bus, and other public transportation 
        infrastructure assets that could be at risk of attack or 
        disruption.
          (2) The development of risk-based priorities, based on risk 
        assessments conducted or received by the Secretary (including 
        assessments conducted under the Implementing Recommendations of 
        the 9/11 Commission Act of 2007 (Public Law 110-53, 121 Stat. 
        266)), across all transportation modes and realistic deadlines 
        for addressing security needs associated with those assets 
        referred to in paragraph (1).
          (3) The most appropriate, practical, and cost-effective means 
        of defending those assets against threats to their security.
          (4) A forward-looking strategic plan that sets forth the 
        agreed upon roles and missions of Federal, State, regional, 
        local, and tribal authorities and establishes mechanisms for 
        encouraging cooperation and participation by private-sector 
        entities, including nonprofit employee labor organizations, in 
        the implementation of the plan.
          (5) A comprehensive delineation of prevention, response, and 
        recovery responsibilities and issues regarding threatened and 
        executed acts of terrorism within the United States and 
        threatened and executed acts of terrorism outside the United 
        States to the extent the acts affect United States 
        transportation systems.
          (6) A prioritization of research and development objectives 
        that support transportation security needs, giving a higher 
        priority to research and development directed toward protecting 
        vital transportation assets. Transportation security research 
        and development projects shall be based, to the extent 
        practicable, on the prioritization. Nothing in the preceding 
        sentence shall be construed to require the termination of a 
        research or development project initiated by the Secretary or 
        the Secretary of Transportation before August 3, 2007.
          (7) A 3- and 10-year budget for Federal transportation 
        security programs that will achieve the priorities of the 
        National Strategy for Transportation Security.
          (8) Methods for linking the individual transportation modal 
        security plans and the programs contained therein, and a plan 
        for addressing the security needs of intermodal transportation.
          (9) Transportation modal security plans described in 
        subsection (a)(2), including operational recovery plans to 
        expedite, to the maximum extent practicable, the return to 
        operation of an adversely affected transportation system 
        following a major terrorist attack on that system or other 
        incident. These plans shall be coordinated with the resumption 
        of trade protocols required under section 30502 of this title 
        and the National Maritime Transportation Security Plan required 
        under section 70103(a) of title 46.
  (d) Submissions of Plans to Congress.--
          (1) Definition of appropriate congressional committees.--In 
        this subsection, the term ``appropriate congressional 
        committees'' means the Committee on Transportation and 
        Infrastructure and the Committee on Homeland Security of the 
        House of Representatives and the Committee on Commerce, 
        Science, and Transportation, the Committee on Homeland Security 
        and Governmental Affairs, and the Committee on Banking, 
        Housing, and Urban Affairs of the Senate.
          (2) Biennial strategy report.--The Secretary shall submit the 
        National Strategy for Transportation Security, including the 
        transportation modal security plans and any revisions to the 
        National Strategy for Transportation Security and the 
        transportation modal security plans, to appropriate 
        congressional committees not less frequently than April 1 of 
        each even-numbered year.
          (3) Periodic progress report.--
                  (A) Requirement for report.--Each year, in 
                conjunction with the submission of the budget to 
                Congress under section 1105(a) of title 31, the 
                Secretary shall submit to the appropriate congressional 
                committees an assessment of the progress made on 
                implementing the National Strategy for Transportation 
                Security, including the transportation modal security 
                plans.
                  (B) Content.--Each progress report submitted under 
                this paragraph shall include, at a minimum, the 
                following:
                          (i) Recommendations for improving and 
                        implementing the National Strategy for 
                        Transportation Security and the transportation 
                        modal and intermodal security plans that the 
                        Secretary of Homeland Security, in consultation 
                        with the Secretary of Transportation, considers 
                        appropriate.
                          (ii) An accounting of all grants for 
                        transportation security, including grants and 
                        contracts for research and development, awarded 
                        by the Secretary in the most recent fiscal year 
                        and a description of how the grants 
                        accomplished the goals of the National Strategy 
                        for Transportation Security.
                          (iii) An accounting of all--
                                  (I) funds requested in the 
                                President's budget submitted pursuant 
                                to section 1105 of title 31 for the 
                                most recent fiscal year for 
                                transportation security, by mode;
                                  (II) personnel working on 
                                transportation security by mode, 
                                including the number of contractors; 
                                and
                                  (III) information on the turnover in 
                                the previous year among senior staff of 
                                the Department, including component 
                                agencies, working on transportation 
                                security issues. The information shall 
                                include the number of employees who 
                                have permanently left the office, 
                                agency, or area in which they worked, 
                                and the amount of time that they worked 
                                for the Department.
                  (C) Written explanation of transportation security 
                activities not delineated in the national strategy for 
                transportation security.--At the end of each fiscal 
                year, the Secretary shall submit to the appropriate 
                congressional committees a written explanation of a 
                Federal transportation security activity that is 
                inconsistent with the National Strategy for 
                Transportation Security, including the amount of funds 
                to be expended for the activity and the number of 
                personnel involved.
          (4) Classified material.--Any part of the National Strategy 
        for Transportation Security, or any part of the transportation 
        modal security plans, that involves information that is 
        properly classified under criteria established by Executive 
        order shall be submitted to the appropriate congressional 
        committees separately in a classified format.
  (e) Priority Status.--
          (1) In general.--The National Strategy for Transportation 
        Security shall be the governing document for Federal 
        transportation security efforts.
          (2) Other plans and reports.--The National Strategy for 
        Transportation Security shall include, as an integral part or 
        as an appendix--
                  (A) the current National Maritime Transportation 
                Security Plan under section 70103 of title 46;
                  (B) the report required by section 40956 of this 
                title;
                  (C) transportation modal security plans required 
                under this chapter;
                  (D) the transportation sector specific plan required 
                under Homeland Security Presidential Directive-7; and
                  (E) another transportation security plan or report 
                that the Secretary determines appropriate for 
                inclusion.
  (f) Coordination.--In carrying out the responsibilities under this 
section, the Secretary, in coordination with the Secretary of 
Transportation, shall consult, as appropriate, with Federal, State, and 
local agencies, tribal governments, private-sector entities (including 
nonprofit employee labor organizations), institutions of higher 
learning, and other entities.
  (g) Plan Distribution.--The Secretary shall make available and 
appropriately publicize an unclassified version of the National 
Strategy for Transportation Security, including its component 
transportation modal security plans, to Federal, State, regional, local 
and tribal authorities, transportation system owners or operators, 
private-sector stakeholders, including nonprofit employee labor 
organizations representing transportation employees, institutions of 
higher learning, and other appropriate entities.
Sec. 11315. Transportation Security Information Sharing Plan
  (a) Definitions.--In this section:
          (1) Appropriate congressional committees.--The term 
        ``appropriate congressional committees'' has the meaning given 
        the term in section 11314 of this title.
          (2) Plan.--The term ``Plan'' means the Transportation 
        Security Information Sharing Plan established under subsection 
        (b).
          (3) Public and private stakeholders.--The term ``public and 
        private stakeholders'' means Federal, State, and local 
        agencies, tribal governments, and appropriate private entities, 
        including nonprofit employee labor organizations representing 
        transportation employees.
          (4) Transportation security information.--The term 
        ``transportation security information'' means information 
        relating to the risks to transportation modes, including 
        aviation, public transportation, railroad, ferry, highway, 
        maritime, pipeline, and over-the-road bus transportation, and 
        may include specific and general intelligence products, as 
        appropriate.
  (b) Establishment of Plan.--The Secretary, acting through the 
Administrator and in consultation with the program manager of the 
information sharing environment established under section 11708 of this 
title, the Secretary of Transportation, and public and private 
stakeholders, shall establish a Transportation Security Information 
Sharing Plan. In establishing the Plan, the Secretary shall gather 
input on the development of the Plan from private and public 
stakeholders and the program manager of the information sharing 
environment established under section 11708 of this title.
  (c) Purpose of Plan.--The Plan shall promote sharing of 
transportation security information between the Department of Homeland 
Security and public and private stakeholders.
  (d) Content of Plan.--The Plan shall include--
          (1) a description of how intelligence analysts in the 
        Department will coordinate their activities in the Department 
        and with other Federal, State, and local agencies, and tribal 
        governments, including coordination with existing modal 
        information sharing centers and the center described in section 
        40508 of this title;
          (2) the establishment of a point of contact, which may be a 
        single point of contact in the Department, for each mode of 
        transportation for the sharing of transportation security 
        information with public and private stakeholders, including an 
        explanation and justification to the appropriate congressional 
        committees if the point of contact established under this 
        paragraph differs from the agency within the Department that 
        has the primary authority, or has been delegated the authority 
        by the Secretary, to regulate the security of that 
        transportation mode;
          (3) a reasonable deadline by which the Plan will be 
        implemented; and
          (4) a description of resource needs for fulfilling the Plan.
  (e) Coordination with Information Sharing.--The Plan shall be--
          (1) implemented in coordination, as appropriate, with the 
        program manager for the information sharing environment 
        established under section 11708 of this title; and
          (2) consistent with the establishment of the information 
        sharing environment and policies, guidelines, procedures, 
        instructions, or standards established by the President or the 
        program manager for the implementation and management of the 
        information sharing environment.
  (f) Reports to Congress.--The Secretary shall, not later than 
December 31 each year, submit to the appropriate congressional 
committees, a report containing the Plan.
  (g) Comptroller General Survey and Report.--
          (1) Biennial survey.--
                  (A) In general.--The Comptroller General shall 
                conduct a biennial survey of the satisfaction of 
                recipients of transportation intelligence reports 
                disseminated under the Plan.
                  (B) Information sought.--The survey conducted under 
                subparagraph (A) shall seek information about the 
                quality, speed, regularity, and classification of the 
                transportation security information products 
                disseminated by the Department to public and private 
                stakeholders.
          (2) Report.--The Comptroller General shall, each even-
        numbered year, submit to the appropriate congressional 
        committees, a report on the results of the survey conducted 
        under paragraph (1). The Comptroller General shall also provide 
        a copy of the report to the Secretary.
  (h) Security Clearances.--The Secretary shall, to the greatest extent 
practicable, take steps to expedite the security clearances needed for 
designated public and private stakeholders to receive and obtain access 
to classified information distributed under this section, as 
appropriate.
  (i) Classification of Material.--The Secretary, to the greatest 
extent practicable, shall provide designated public and private 
stakeholders with transportation security information in an 
unclassified format.
  (j) Stakeholder Semiannual Report.--
          (1) In general.--Except as provided in paragraph (2), the 
        Secretary shall provide a semiannual report to the appropriate 
        congressional committees that includes--
                  (A) the number of public and private stakeholders who 
                were provided with each report on the Plan;
                  (B) a description of the measures the Secretary has 
                taken, under subsection (g) or otherwise, to ensure 
                proper treatment and security for classified 
                information to be shared with the public and private 
                stakeholders under the Plan; and
                  (C) an explanation of the reason for the denial of 
                transportation security information to a stakeholder 
                who had previously received the information.
          (2) When report not required.--The Secretary is not required 
        to provide a semiannual report under paragraph (1) if no 
        stakeholders have been added to or removed from the group of 
        persons with whom transportation security information is shared 
        under the plan since the end of the period covered by the last 
        preceding semiannual report.
Sec. 11316. Enforcement of certain regulations and orders of the 
                    Secretary
  (a) Definitions.--In this section:
          (1) Person.--The term ``person'' does not include--
                  (A) the United States Postal Service; or
                  (B) the Department of Defense.
          (2) Small business concern.--The term ``small business 
        concern'' has the meaning given the term in section 3 of the 
        Small Business Act (15 U.S.C. 632).
  (b) Applicability of Section.--
          (1) In general.--This section applies to the enforcement of 
        regulations prescribed, and orders issued, by the Secretary 
        under a provision of chapter 701 of title 46 or under a 
        provision of title 49 other than a provision of former chapter 
        449 (in this section referred to as an ``applicable provision 
        of title 49'').
          (2) Violations of former chapter 449 of title 49.--The 
        penalties under chapter 125 of title 18 and chapter 182 of 
        title 28 apply to violations of regulations prescribed and 
        orders issued by the Secretary under former chapter 449 of 
        title 49.
          (3) Non-applicability to certain violations.--
                  (A) In general.--Subsections (c) through (f) do not 
                apply to violations of regulations prescribed, and 
                orders issued, by the Secretary under a provision of 
                title 49--
                          (i) involving the transportation of personnel 
                        or shipments of materials by contractors where 
                        the Department of Defense has assumed control 
                        and responsibility;
                          (ii) by a member of the armed forces of the 
                        United States when performing official duties; 
                        or
                          (iii) by a civilian employee of the 
                        Department of Defense when performing official 
                        duties.
                  (B) Alternative penalties.--Violations described in 
                clause (i), (ii), or (iii) of subparagraph (A) shall be 
                subject to penalties as determined by the Secretary of 
                Defense or the designee of the Secretary of Defense.
  (c) Civil Penalty.--
          (1) In general.--A person is liable to the United States 
        Government for a civil penalty of not more than $10,000 for a 
        violation of a regulation prescribed, or order issued, by the 
        Secretary under an applicable provision of title 49.
          (2) Repeat violations.--A separate violation occurs under 
        this subsection for each day the violation continues.
  (d) Administrative Imposition of Civil Penalties.--
          (1) In general.--The Secretary may impose a civil penalty for 
        a violation of a regulation prescribed, or order issued, under 
        an applicable provision of title 49. The Secretary shall give 
        written notice of the finding of a violation and the penalty.
          (2) Scope of civil action.--In a civil action to collect a 
        civil penalty imposed by the Secretary under this section, a 
        court may not re-examine issues of liability or the amount of 
        the penalty.
          (3) Jurisdiction.--The district courts of the United States 
        shall have exclusive jurisdiction of civil actions to collect a 
        civil penalty imposed by the Secretary under this section if--
                  (A) the amount in controversy is more than--
                          (i) $400,000, if the violation was committed 
                        by a person other than an individual or small 
                        business concern; or
                          (ii) $50,000 if the violation was committed 
                        by an individual or small business concern;
                  (B) the action is in rem or another action in rem 
                based on the same violation has been brought; or
                  (C) another action has been brought for an injunction 
                based on the same violation.
          (4) Maximum penalty.--The maximum civil penalty the Secretary 
        administratively may impose under this subsection is--
                  (A) $400,000, if the violation was committed by a 
                person other than an individual or small business 
                concern; or
                  (B) $50,000, if the violation was committed by an 
                individual or small business concern.
          (5) Notice and opportunity to request hearing.--Before 
        imposing a penalty under this chapter, the Secretary shall 
        provide to the person against whom the penalty is to be 
        imposed--
                  (A) written notice of the proposed penalty; and
                  (B) the opportunity to request a hearing on the 
                proposed penalty, if the Secretary receives the request 
                not later than 30 days after the date on which the 
                person receives notice.
  (e) Compromise and Setoff.--
          (1) Compromise.--The Secretary may compromise the amount of a 
        civil penalty imposed under this section.
          (2) Setoff.--The United States Government may deduct the 
        amount of a civil penalty imposed or compromised under this 
        section from amounts it owes the person liable for the penalty.
  (f) Investigations and Proceedings.--Subchapter IV of chapter 409 of 
this title applies to investigations and proceedings brought under this 
section to the same extent that chapter 461 of title 49 applies to 
investigations and proceedings brought with respect to aviation 
security duties designated to be carried out by the Secretary.
  (g) Enforcement Transparency.--
          (1) In general.--The Secretary shall, not later than December 
        31 each year--
                  (A) provide an annual summary to the public of all 
                enforcement actions taken by the Secretary under this 
                section; and
                  (B) include in each summary the docket number of each 
                enforcement action, the type of alleged violation, the 
                penalty or penalties proposed, and the final assessment 
                amount of each penalty.
          (2) Electronic availability.--Each summary under this 
        subsection shall be made available to the public by electronic 
        means.
          (3) Relationship to freedom of information act and privacy 
        act.--Nothing in this subsection shall be construed to require 
        disclosure of information or records that are exempt from 
        disclosure under section 552 or 552a of title 5.
Sec. 11317. Registered traveler fee
  Notwithstanding section 553 of title 5, the Secretary shall impose a 
fee for a registered traveler program undertaken by the Department by 
notice in the Federal Register, and may modify the fee from time to 
time by notice in the Federal Register. Fees shall not exceed the 
aggregate costs associated with the program, shall be credited to the 
Transportation Security Administration registered traveler fee account, 
and are available until expended.
Sec. 11318. Enhanced security measures
  (a) In General.--The Administrator may take the following actions:
          (1) Require effective 911 emergency call capability for 
        telephones serving passenger aircraft and passenger trains.
          (2) Establish a uniform system of identification for all 
        State and local law enforcement personnel for use in obtaining 
        permission to carry weapons in aircraft cabins and in obtaining 
        access to a secured area of an airport, if otherwise authorized 
        to carry the weapons.
          (3) Establish requirements to implement trusted passenger 
        programs and use available technologies to expedite the 
        security screening of passengers who participate in the 
        programs, thereby allowing security screening personnel to 
        focus on those passengers who should be subject to more 
        extensive screening.
          (4) In consultation with the Commissioner of the Food and 
        Drug Administration, develop alternative security procedures 
        under which a medical product to be transported on a flight of 
        an air carrier would not be subject to an inspection that would 
        irreversibly damage the product.
          (5) Provide for the use of technologies, including wireless 
        and wire line data technologies, to enable the private and 
        secure communication of threats to aid in the screening of 
        passengers and other individuals on airport property who are 
        identified on any State or Federal security-related data base 
        for the purpose of having an integrated response coordination 
        of various authorized airport security forces.
          (6) In consultation with the Administrator of the Federal 
        Aviation Administration, consider whether to require all pilot 
        licenses to incorporate a photograph of the license holder and 
        appropriate biometric imprints.
          (7) Provide for the use of voice stress analysis, biometric, 
        or other technologies to prevent a person who might pose a 
        danger to air safety or security from boarding the aircraft of 
        an air carrier or foreign air carrier in air transportation or 
        intrastate air transportation.
          (8) Provide for the use of technology that will permit 
        enhanced instant communications and information between 
        airborne passenger aircraft and appropriate individuals or 
        facilities on the ground.
          (9) Require that air carriers provide flight attendants with 
        a discreet, hands-free, wireless method of communicating with 
        the pilots.
  (b) Annual Report.--Until the Administrator has implemented or 
decided not to take each of the actions specified in subsection (a), 
the Administrator shall transmit to Congress by May 19 each year a 
report on the progress of the Administrator in evaluating and taking 
the actions, including legislative recommendations that the Secretary 
may have for enhancing transportation security.
Sec. 11319. Performance management system
  (a) Establishing a Fair and Equitable System for Measuring Staff 
Performance.--The Administrator shall establish a performance 
management system that strengthens the organization's effectiveness by 
providing for the establishment of goals and objectives for managers, 
employees, and organizational performance consistent with the 
performance plan.
  (b) Establishing Management Accountability for Meeting Performance 
Goals.--
          (1) Administrator.--Each year, the Secretary and the 
        Administrator shall enter into an annual performance agreement 
        that shall set forth organizational and individual performance 
        goals for the Administrator.
          (2) Senior managers.--Each year, the Administrator and each 
        senior manager who reports to the Administrator shall enter 
        into an annual performance agreement that sets forth 
        organization and individual goals for those managers. All other 
        employees hired under the authority of the Transportation 
        Security Administration shall enter into an annual performance 
        agreement that sets forth organization and individual goals for 
        those employees.
  (c) Performance-Based Service Contracting.--To the extent contracts 
are used to implement the Aviation and Transportation Security Act 
(Public Law 107-71, 115 Stat. 597), the Administrator shall, to the 
extent practical, maximize the use of performance-based service 
contracts. These contracts should be consistent with guidelines 
published by the Office of Federal Procurement Policy.
Sec. 11320. Voluntary provision of emergency services
  (a) Program for Provision of Voluntary Services.--
          (1) Program.--The Administrator shall carry out a program to 
        permit qualified law enforcement officers, firefighters, and 
        emergency medical technicians to provide emergency services on 
        commercial air flights during emergencies.
          (2) Requirements.--The Administrator shall establish 
        requirements for qualifications of providers of voluntary 
        services under the program under paragraph (1), including 
        training requirements, that the Administrator considers 
        appropriate.
          (3) Confidentiality of registry.--If as part of the program 
        under paragraph (1), the Administrator requires or permits 
        registration of law enforcement officers, firefighters, or 
        emergency medical technicians who are willing to provide 
        emergency services on commercial flights during emergencies, 
        the Administrator shall take appropriate actions to ensure that 
        the registry is available only to appropriate airline personnel 
        and otherwise remains confidential.
          (4) Consultation.--The Administrator shall consult with 
        appropriate representatives of the commercial airline industry, 
        and organizations representing community-based law enforcement, 
        firefighters, and emergency medical technicians, in carrying 
        out the program under paragraph (1), including the actions 
        taken under paragraph (3).
  (b) Exemption from Liability.--An individual is not liable for 
damages in an action brought in a Federal or State court that arises 
from an act or omission of the individual in providing or attempting to 
provide assistance in the case of an in-flight emergency in an aircraft 
of an air carrier if the individual meets qualifications as the 
Administrator prescribes for purposes of this section.
  (c) Exception.--The exemption under subsection (b) shall not apply in 
a case in which an individual provides, or attempts to provide, 
assistance described in subsection (b) in a manner that constitutes 
gross negligence or willful misconduct.
Sec. 11321. Disposition of unclaimed money and clothing
  (a) In General.--
          (1) Disposition of unclaimed money.--Notwithstanding section 
        3302 of title 31, unclaimed money recovered at an airport 
        security checkpoint--
                  (A) shall be retained by the Transportation Security 
                Administration; and
                  (B) shall remain available until expended for the 
                purpose of providing civil aviation security as 
                required in this chapter.
          (2) Disposition of unclaimed clothing.--
                  (A) In general.--In disposing of unclaimed clothing 
                recovered at any airport security checkpoint, the 
                Administrator shall make every reasonable effort, in 
                consultation with the Secretary of Veterans Affairs, to 
                transfer the clothing to the local airport authority or 
                other local authorities for donation to charity, 
                including local veterans organizations or other local 
                charitable organizations for distribution to homeless 
                or needy veterans and veteran families.
                  (B) Agreements.--In implementing paragraph (1), the 
                Administrator may enter into agreements with airport 
                authorities.
                  (C) Other charitable arrangements.--Nothing in this 
                subsection prevents an airport or the Transportation 
                Security Administration from donating unclaimed 
                clothing to a charitable organization of their 
                choosing.
                  (D) Limitation.--Nothing in this subsection creates a 
                cost to the Government.
  (b) Annual Report.--The Administrator shall transmit annually to the 
Committee on Transportation and Infrastructure of the House of 
Representatives; the Committee on Appropriations of the House of 
Representatives; the Committee on Commerce, Science and Transportation 
of the Senate; and the Committee on Appropriations of the Senate, a 
report that contains a detailed description of the amount of unclaimed 
money recovered in total and at each individual airport, and specifies 
how the unclaimed money is being used to provide civil aviation 
security.

                Subchapter II--Acquisition Improvements

Sec. 11331. Definitions
  In this subchapter:
          (1) Plan.--The term ``Plan'' means the strategic 5-year 
        technology investment plan the Administrator develops under 
        section 11332 of this title.
          (2) Security-related technology.--The term ``security-related 
        technology'' means any technology that assists the 
        Transportation Security Administration in the prevention of, or 
        defense against, threats to United States transportation 
        systems, including threats to people, property, and 
        information.
Sec. 11332. Technology investment plan
  (a) In General.--The Administrator--
          (1) shall develop and submit to Congress a strategic 5-year 
        technology investment plan that may include a classified 
        addendum to report sensitive transportation security risks, 
        technology vulnerabilities, or other sensitive security 
        information; and
          (2) to the extent possible, shall publish the Plan in an 
        unclassified format in the public domain after it is approved 
        by the Secretary.
  (b) Consultation.--The Administrator shall develop the Plan in 
consultation with--
          (1) the Under Secretary for Management;
          (2) the Under Secretary for Science and Technology;
          (3) the Chief Information Officer; and
          (4) the aviation stakeholder advisory committee established 
        by the Administrator.
  (c) Contents.--The Plan shall include--
          (1) an analysis of transportation security risks and the 
        associated capability gaps that would be best addressed by 
        security-related technology, including consideration of the 
        most recent quadrennial homeland security review under section 
        11506 of this title;
          (2) a set of security-related technology acquisition needs 
        that--
                  (A) is prioritized based on risk and associated 
                capability gaps identified under paragraph (1); and
                  (B) includes planned technology programs and projects 
                with defined objectives, goals, timelines, and 
                measures;
          (3) an analysis of current and forecast trends in domestic 
        and international passenger travel;
          (4) an identification of currently deployed security-related 
        technologies that are at or near the end of their lifecycles;
          (5) an identification of test, evaluation, modeling, and 
        simulation capabilities, including target methodologies, 
        rationales, and timelines necessary to support the acquisition 
        of the security-related technologies expected to meet the needs 
        under paragraph (2);
          (6) an identification of opportunities for public-private 
        partnerships, small and disadvantaged company participation, 
        intragovernment collaboration, university centers of 
        excellence, and national laboratory technology transfer;
          (7) an identification of the Transportation Security 
        Administration's acquisition workforce needs for the management 
        of planned security-related technology acquisitions, including 
        consideration of leveraging acquisition expertise of other 
        Federal agencies;
          (8) an identification of the security resources, including 
        information security resources, that will be required to 
        protect security-related technology from physical or cyber 
        theft, diversion, sabotage, or attack;
          (9) an identification of initiatives to streamline the 
        Transportation Security Administration's acquisition process 
        and provide greater predictability and clarity to small, 
        medium, and large businesses, including the timelines for 
        testing and evaluation;
          (10) an assessment of the impact to commercial aviation 
        passengers;
          (11) a strategy for consulting airport management, air 
        carrier representatives, and Federal security directors when an 
        acquisition will lead to the removal of equipment at airports, 
        and how the strategy for consulting with those officials of the 
        relevant airports will address potential negative impacts on 
        commercial passengers or airport operations; and
          (12) in consultation with the National Institute of Standards 
        and Technology, an identification of security-related 
        technology interface standards, in existence or if implemented, 
        that could promote more interoperable passenger, baggage, and 
        cargo screening systems.
  (d) Leveraging the Private Sector.--To the extent practicable, and in 
a manner that is consistent with fair and equitable practices, the Plan 
shall--
          (1) leverage emerging technology trends and research and 
        development investment trends in the public and private 
        sectors;
          (2) incorporate private-sector input, including from the 
        aviation industry stakeholder advisory committee established by 
        the Administrator, through requests for information, industry 
        days, and other innovative means consistent with the Federal 
        Acquisition Regulation; and
          (3) in consultation with the Under Secretary for Science and 
        Technology, identify technologies in existence or in 
        development that, with or without adaptation, are expected to 
        be suitable to meeting mission needs.
  (e) Disclosure.--The Administrator shall include with the Plan a list 
of nongovernment persons that contributed to the writing of the Plan.
  (f) Update and Report.--Beginning 2 years after the date the Plan is 
submitted to Congress under subsection (a), and biennially afterwards, 
the Administrator shall submit to Congress--
          (1) an update of the Plan; and
          (2) a report on the extent to which each security-related 
        technology the Transportation Security Administration has 
        acquired since the last issuance or update of the Plan is 
        consistent with the planned technology programs and projects 
        identified under subsection (c)(2) for that security-related 
        technology.
Sec. 11333. Acquisition justification and reports and certification
  (a) Acquisition Justification.--Before the Transportation Security 
Administration implements any security-related technology acquisition, 
the Administrator, in accordance with the Department's policies and 
directives, shall determine whether the acquisition is justified by 
conducting an analysis that includes--
          (1) an identification of the scenarios and level of risk to 
        transportation security from those scenarios that would be 
        addressed by the security-related technology acquisition;
          (2) an assessment of how the proposed acquisition aligns to 
        the Plan;
          (3) a comparison of the total expected lifecycle cost against 
        the total expected quantitative and qualitative benefits to 
        transportation security;
          (4) an analysis of alternative security solutions, including 
        policy or procedure solutions, to determine if the proposed 
        security-related technology acquisition is the most effective 
        and cost-efficient solution based on cost-benefit 
        considerations;
          (5) an assessment of the potential privacy and civil 
        liberties implications of the proposed acquisition that 
        includes, to the extent practicable, consultation with 
        organizations that advocate for the protection of privacy and 
        civil liberties;
          (6) a determination that the proposed acquisition is 
        consistent with fair information practice principles issued by 
        the Privacy Officer of the Department;
          (7) confirmation that there are no significant risks to human 
        health or safety posed by the proposed acquisition; and
          (8) an estimate of the benefits to commercial aviation 
        passengers.
  (b) Reports and Certification.--
          (1) In general.--Not later than the end of the 30-day period 
        preceding the award by the Transportation Security 
        Administration of a contract for any security-related 
        technology acquisition exceeding $30,000,000, the Administrator 
        shall submit to the Committee on Commerce, Science, and 
        Transportation of the Senate and the Committee on Homeland 
        Security of the House of Representatives--
                  (A) the results of the comprehensive acquisition 
                justification under subsection (a); and
                  (B) a certification by the Administrator that the 
                benefits to transportation security justify the 
                contract cost.
          (2) Reduction due to imminent terrorist threat.--If there is 
        a known or suspected imminent threat to transportation 
        security, the Administrator--
                  (A) may reduce the 30-day period under paragraph (1) 
                to 5 days to rapidly respond to the threat; and
                  (B) shall immediately notify the Committee on 
                Commerce, Science, and Transportation of the Senate and 
                the Committee on Homeland Security of the House of 
                Representatives of the known or suspected imminent 
                threat.
Sec. 11334. Baseline establishment and reports
  (a) Baseline Requirements.-
          (1) In general.--Before the Transportation Security 
        Administration implements any security-related technology 
        acquisition, the appropriate acquisition official of the 
        Department shall establish and document a set of formal 
        baseline requirements. The requirements shall--
                  (A) include the estimated costs (including lifecycle 
                costs), schedule, and performance milestones for the 
                planned duration of the acquisition;
                  (B) identify the acquisition risks and a plan for 
                mitigating those risks; and
                  (C) assess the personnel necessary to manage the 
                acquisition process, manage the ongoing program, and 
                support training and other operations as necessary.
          (2)  Feasibility.--In establishing the performance milestones 
        under paragraph (1)(A), the appropriate acquisition official of 
        the Department, to the extent possible and in consultation with 
        the Under Secretary for Science and Technology, shall ensure 
        that achieving those milestones is technologically feasible.
          (3) Test and evaluation plan.--The Administrator, in 
        consultation with the Under Secretary for Science and 
        Technology, shall develop a test and evaluation plan that 
        describes--
                  (A) the activities that are expected to be required 
                to assess acquired technologies against the performance 
                milestones established under paragraph (1)(A);
                  (B) the necessary and cost-effective combination of 
                laboratory testing, field testing, modeling, 
                simulation, and supporting analysis to ensure that the 
                technologies meet the Transportation Security 
                Administration's mission needs;
                  (C) an efficient planning schedule to ensure that 
                test and evaluation activities are completed without 
                undue delay; and
                  (D) if commercial aviation passengers are expected to 
                interact with the security-related technology, methods 
                that could be used to ensure passenger acceptance of 
                and familiarization with the security-related 
                technology.
          (4) Verification and validation.--The appropriate acquisition 
        official of the Department--
                  (A) subject to subparagraph (B), shall utilize 
                independent reviews to verify and validate the 
                performance milestones and cost estimates developed 
                under paragraph (1) for a security-related technology 
                that pursuant to section 11332(c)(2) of this title has 
                been identified as a high priority need in the most 
                recent Plan; and
                  (B) shall ensure that the use of independent 
                reviewers does not unduly delay the schedule of any 
                acquisition.
          (5) Streamlining access for interested vendors.--The 
        Administrator shall establish a streamlined process for an 
        interested vendor of a security-related technology to request 
        and receive appropriate access to the baseline requirements and 
        test and evaluation plans that are necessary for the vendor to 
        participate in the acquisition process for that technology.
  (b) Review of Baseline Requirements and Deviation; Report.--
          (1) Review.--
                  (A) In general.--The appropriate acquisition official 
                of the Department shall review and assess each 
                implemented acquisition to determine if the acquisition 
                is meeting the baseline requirements established under 
                subsection (a).
                  (B)  Assessment.--The review shall include an 
                assessment of whether--
                          (i) the planned testing and evaluation 
                        activities have been completed; and
                          (ii) the results of that testing and 
                        evaluation demonstrate that the performance 
                        milestones are technologically feasible.
          (2) Report.--Not later than 30 days after making a finding 
        described in clause (i) or (ii) of subparagraph (A), the 
        Administrator shall submit a report to the Committee on 
        Commerce, Science, and Transportation of the Senate and the 
        Committee on Homeland Security of the House of Representatives 
        that includes--
                  (A) the results of any assessment that finds that--
                          (i) the actual or planned costs exceed the 
                        baseline costs by more than 10 percent;
                          (ii) the actual or planned schedule for 
                        delivery has been delayed by more than 180 
                        days; or
                          (iii) there is a failure to meet any 
                        performance milestone that directly impacts 
                        security effectiveness;
                  (B) the cause for the excessive costs, delay, or 
                failure; and
                  (C) a plan for corrective action.
Sec. 11335. Inventory utilization
  (a) Use of Existing Inventory.--Before the procurement of additional 
quantities of equipment to fulfill a mission need, the Administrator, 
to the extent practicable, shall utilize any existing units in the 
Transportation Security Administration's inventory to meet that need.
  (b) Tracking of Inventory.--
          (1) In general.--The Administrator shall establish a process 
        for tracking--
                  (A) the location of security-related technology in 
                the inventory under subsection (a);
                  (B) the utilization status of security-related 
                technology in the inventory under subsection (a); and
                  (C) the quality of security-related equipment in the 
                inventory under subsection (a).
          (2) Internal controls.--The Administrator shall implement 
        internal controls to ensure up-to-date accurate data on 
        security-related technology owned, deployed, and in use.
  (c) Logistics Management.--
          (1) In general.--The Administrator shall establish logistics 
        principles for managing inventory in an effective and efficient 
        manner.
          (2) Limitation on just-in-time logistics.--The Administrator 
        may not use just-in-time logistics if doing so--
                  (A) would inhibit necessary planning for large-scale 
                delivery of equipment to airports or other facilities; 
                or
                  (B) would unduly diminish surge capacity for response 
                to a terrorist threat.
Sec. 11336. Small business contracting goals
  Not later than March 18 of each year, the Administrator shall submit 
to the Committee on Commerce, Science, and Transportation of the Senate 
and the Committee on Homeland Security of the House of Representative a 
report that includes--
          (1) the Transportation Security Administration's performance 
        record with respect to meeting its published small-business 
        contracting goals during the preceding fiscal year;
          (2) if the goals described in paragraph (1) were not met or 
        the Transportation Security Administration's performance was 
        below the published small-business contracting goals of the 
        Department--
                  (A) a list of challenges, including deviations from 
                the Transportation Security Administration's 
                subcontracting plans, and factors that contributed to 
                the level of performance during the preceding fiscal 
                year;
                  (B) an action plan, with benchmarks, for addressing 
                each of the challenges identified in subparagraph (A) 
                that--
                          (i) is prepared after consultation with the 
                        Secretary of Defense and the heads of Federal 
                        departments and agencies that achieved their 
                        published goals for prime contracting with 
                        small and minority-owned businesses, including 
                        small and disadvantaged businesses, in prior 
                        fiscal years; and
                          (ii) identifies policies and procedures that 
                        could be incorporated by the Transportation 
                        Security Administration in furtherance of 
                        achieving the Administration's published goal 
                        for the contracting; and
          (3) a status report on the implementation of the action plan 
        that was developed in the preceding fiscal year in accordance 
        with paragraph (2)(B), if the plan was required.
Sec. 11337. Consistency with Federal Acquisition Regulation and 
                    Department policies and directives
  The Administration shall execute the responsibilities set forth in 
this subchapter in a manner consistent with, and not duplicative of, 
the Federal Acquisition Regulation and the Department's polices and 
directives.

                        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.
Sec. 11501. Under Secretary for Management
  (a) Definition of Interoperable Communications.--In this section, the 
term ``interoperable communications'' means the ability of emergency 
response providers and relevant Federal, State, and local government 
agencies to communicate with each other as necessary, through a 
dedicated public safety network utilizing information technology 
systems and radio communications systems, and to exchange voice, data, 
and video with one another on demand, in real time, as necessary.
  (b) In General.--The Under Secretary for Management serves as the 
Chief Management Officer and principal advisor to the Secretary on 
matters relating to the management of the Department, including 
management integration and transformation in support of homeland 
security operations and programs. The Secretary, acting through the 
Under Secretary for Management, is responsible for the management and 
administration of the Department, including the following:
          (1) The budget, appropriations, expenditures of funds, 
        accounting, and finance.
          (2) Procurement.
          (3) Human resources and personnel.
          (4) Information technology and communications systems, 
        including policies and directives to achieve and maintain 
        interoperable communications among the components of the 
        Department.
          (5) Facilities, property, equipment, and other material 
        resources.
          (6) Security for personnel, information technology and 
        communications systems, facilities, property, equipment, and 
        other material resources.
          (7) Strategic management planning and annual performance 
        planning and identification and tracking of performance 
        measures relating to the responsibilities of the Department.
          (8) Grants and other assistance for management programs.
          (9) The management integration and transformation in each 
        functional management discipline of the Department, including 
        information technology, financial management, acquisition 
        management, and human capital management, to ensure an 
        efficient and orderly consolidation of functions and personnel 
        in the Department, including--
                  (A) the development of centralized data sources and 
                connectivity of information systems to the greatest 
                extent practicable to enhance program visibility, 
                transparency, and operational effectiveness and 
                coordination;
                  (B) the development of standardized and automated 
                management information to manage and oversee programs 
                and make informed decisions to improve the efficiency 
                of the Department;
                  (C) the development of effective program management 
                and regular oversight mechanisms, including clear roles 
                and processes for program governance, sharing of best 
                practices, and access to timely, reliable, and 
                evaluated data on all acquisitions and investments; and
                  (D) the overall supervision, including the conduct of 
                internal audits and management analyses, of the 
                programs and activities of the Department, including 
                establishment of oversight procedures to ensure a full 
                and effective review of the efforts by components of 
                the Department to implement policies and procedures of 
                the Department for management integration and 
                transformation.
          (10) The development of a transition and succession plan, 
        before December 1 of each year in which a Presidential election 
        is held, to guide the transition of Department functions to a 
        new Presidential administration, and making the plan available 
        to the next Secretary and Under Secretary for Management and to 
        the congressional homeland security committees.
          (11) Reporting to the Government Accountability Office every 
        6 months to demonstrate measurable, sustainable progress made 
        in implementing the corrective action plans of the Department 
        to address the designation of the management functions of the 
        Department on the bi-annual high risk list of the Government 
        Accountability Office, until the Comptroller General of the 
        United States submits to the appropriate congressional 
        committees written notification of removal of the high-risk 
        designation.
          (12) The conduct of internal audits and management analyses 
        of the programs and activities of the Department.
          (13) Any other management duties that the Secretary may 
        designate.
  (c) Waivers for Conducting Business With Suspended or Debarred 
Contractors.--Not later than 5 days after the date on which the Chief 
Procurement Officer or Chief Financial Officer of the Department issues 
a waiver of the requirement that an agency not engage in business with 
a contractor or other recipient of funds listed as a party suspended or 
debarred from receiving contracts, grants, or other types of Federal 
assistance in the System for Award Management maintained by the General 
Services Administration, or any successor, the Under Secretary for 
Management shall submit to the congressional homeland security 
committees and the Inspector General of the Department notice of the 
waiver and an explanation of the finding by the Under Secretary that a 
compelling reason exists for the waiver.
  (d) Appointment and Evaluation.--The Under Secretary for Management--
          (1) is appointed by the President, by and with the advice and 
        consent of the Senate, from among individuals who have--
                  (A) extensive executive level leadership and 
                management experience in the public or private sector;
                  (B) strong leadership skills;
                  (C) a demonstrated ability to manage large and 
                complex organizations; and
                  (D) a proven record in achieving positive operational 
                results;
          (2) shall enter into an annual performance agreement with the 
        Secretary that shall set forth measurable individual and 
        organizational goals; and
          (3) is subject to an annual performance evaluation by the 
        Secretary, who shall determine as part of each evaluation 
        whether the Under Secretary for Management has made 
        satisfactory progress toward achieving the goals set out in the 
        performance agreement required under paragraph (2).
  (e) System for Award Management Consultation.--The Under Secretary 
for Management shall require that all Department contracting and grant 
officials consult the System for Award Management (or successor system) 
as maintained by the General Services Administration prior to awarding 
a contract or grant or entering into other transactions to ascertain 
whether the selected contractor is excluded from receiving Federal 
contracts, certain subcontracts, and certain types of Federal financial 
and non-financial assistance and benefits.
Sec. 11502. Chief Financial Officer
  (a) In General.--The Chief Financial Officer shall--
          (1) perform functions as specified in chapter 9 of title 31; 
        and
          (2) report to the Under Secretary for Management with respect 
        to those functions described in paragraph (1) and other 
        responsibilities that may be assigned.
  (b) Program Analysis and Evaluation Function.---
          (1) Establishment of office of program analysis and 
        evaluation.--The Secretary shall establish an Office of Program 
        Analysis and Evaluation (in this section referred to as the 
        ``Office'') in the Department.
          (2) Responsibilities.--The Office shall--
                  (A) analyze and evaluate plans, programs, and budgets 
                of the Department in relation to United States homeland 
                security objectives, projected threats, vulnerability 
                assessments, estimated costs, resource constraints, and 
                the most recent homeland security strategy developed 
                under section 10386(b)(2) of this title;
                  (B) develop and perform analyses and evaluations of 
                alternative plans, programs, personnel levels, and 
                budget submissions for the Department in relation to 
                United States homeland security objectives, projected 
                threats, vulnerability assessments, estimated costs, 
                resource constraints, and the most recent homeland 
                security strategy developed under section 10386(b)(2) 
                of this title;
                  (C) establish policies for, and oversee the 
                integration of, the planning, programming, and 
                budgeting system of the Department;
                  (D) review and ensure that the Department meets 
                performance-based budget requirements established by 
                the Office of Management and Budget;
                  (E) provide guidance for, and oversee the development 
                of, the Future Years Homeland Security Program of the 
                Department, as specified under section 10386 of this 
                title;
                  (F) ensure that the costs of Department programs, 
                including classified programs, are presented accurately 
                and completely;
                  (G) oversee the preparation of the annual performance 
                plan for the Department and the program and performance 
                section of the annual report on program performance for 
                the Department, consistent with sections 1115 and 1116, 
                respectively, of title 31;
                  (H) provide leadership in developing and promoting 
                improved analytical tools and methods for analyzing 
                homeland security planning and the allocation of 
                resources; and
                  (I) perform other responsibilities delegated by the 
                Secretary consistent with an effective program analysis 
                and evaluation function.
          (3) Director of program analysis and evaluation.--There is a 
        Director of Program Analysis and Evaluation. The Director--
                  (A) is a principal staff assistant to the Chief 
                Financial Officer of the Department for program 
                analysis and evaluation; and
                  (B) shall report to an official no lower than the 
                Chief Financial Officer.
          (4) Reorganization.--
                  (A) In general.--The Secretary may allocate or 
                reallocate the functions of the Office, or discontinue 
                the Office, under section 10331(b)(1) of this title.
                  (B) Exemption from limitations.--Section 10331(b)(2) 
                of this title does not apply to an action by the 
                Secretary under this paragraph.
  (c) Notification Regarding Transfer or Reprogramming of Funds.--In a 
case in which appropriations available to the Department or an officer 
of the Department are transferred or reprogrammed and notice of the 
transfer or reprogramming is submitted to Congress (including an 
officer, office, or committee of Congress), the Chief Financial Officer 
shall simultaneously submit the notice to the Committee on Homeland 
Security and the Committee on Oversight and Government Reform of the 
House of Representatives, and to the Committee on Homeland Security and 
Governmental Affairs of the Senate.
Sec. 11503. Chief Information Officer
  (a) In General.--The Chief Information Officer shall report to the 
Secretary, or to another official of the Department, as the Secretary 
may direct.
  (b) Geospatial Information Functions.--
          (1) Definitions.--In this subsection:
                  (A) Geospatial information.--The term ``geospatial 
                information'' means graphical or digital data depicting 
                natural or manmade physical features, phenomena, or 
                boundaries of the earth and information related 
                thereto, including surveys, maps, charts, remote 
                sensing data, and images.
                  (B) Geospatial technology.--The term ``geospatial 
                technology'' means technology utilized by analysts, 
                specialists, surveyors, photogrammetrists, 
                hydrographers, geodesists, cartographers, architects, 
                or engineers for the collection, storage, retrieval, or 
                dissemination of geospatial information, including
                          (i) global satellite surveillance systems;
                          (ii) global position systems;
                          (iii) geographic information systems;
                          (iv) mapping equipment;
                          (v) geocoding technology; and
                          (vi) remote sensing devices.
          (2) Office of geospatial management.--
                  (A) Establishment.--There is in the Office of the 
                Chief Information Officer the Office of Geospatial 
                Management.
                  (B) Geospatial information officer.--
                          (i) In general.--The Geospatial Information 
                        Officer administers the Office of Geospatial 
                        Management. The Geospatial Information Officer 
                        is appointed by the Secretary. The Geospatial 
                        Information Officer serves under the direction 
                        of the Chief Information Officer.
                          (ii) Assists chief information officer.--The 
                        Geospatial Information Officer assists the 
                        Chief Information Officer in carrying out all 
                        functions under this section and in 
                        coordinating the geospatial information needs 
                        of the Department.
                  (C) Coordination of geospatial information.--The 
                Chief Information Officer shall establish and carry out 
                a program to provide for the efficient use of 
                geospatial information, which shall include--
                          (i) providing necessary geospatial 
                        information to implement the critical 
                        infrastructure protection programs;
                          (ii) providing leadership and coordination in 
                        meeting the geospatial information requirements 
                        of those responsible for planning, prevention, 
                        mitigation, assessment, and response to 
                        emergencies, critical infrastructure 
                        protection, and other functions of the 
                        Department; and
                          (iii) coordinating with users of geospatial 
                        information within the Department to ensure 
                        interoperability and prevent unnecessary 
                        duplication.
                  (D) Responsibilities.--In carrying out this 
                subsection, the responsibilities of the Chief 
                Information Officer include--
                          (i) coordinating the geospatial information 
                        needs and activities of the Department;
                          (ii) implementing standards, as adopted by 
                        the Director of the Office of Management and 
                        Budget under the processes established under 
                        section 216 of the E-Government Act of 2002 
                        (Public Law 107-347, 44 U.S.C. 3501 note), to 
                        facilitate the interoperability of geospatial 
                        information pertaining to homeland security 
                        among all users of the information in--
                                  (I) the Department;
                                  (II) State and local government; and
                                  (III) the private sector;
                          (iii) coordinating with the Federal 
                        Geographic Data Committee and carrying out the 
                        responsibilities of the Department pursuant to 
                        Office of Management and Budget Circular A-16 
                        and Executive Order 12906 (59 Fed. Reg. 17671, 
                        43 U.S.C. 1457 note); and
                          (iv) making recommendations to the Secretary 
                        and the Executive Director of the Office for 
                        State and Local Government Coordination and 
                        Preparedness on awarding grants to--
                                  (I) fund the creation of geospatial 
                                data; and
                                  (II) execute information sharing 
                                agreements regarding geospatial data 
                                with State, local, and tribal 
                                governments.
          (3) Authorization of appropriations.--There are authorized to 
        be appropriated such sums as may be necessary to carry out this 
        subsection for each fiscal year.
Sec. 11504. Chief Human Capital Officer
  (a) Reporting Authority.--The Chief Human Capital Officer of the 
Department shall report directly to the Under Secretary for Management.
  (b) Responsibilities.--In addition to the responsibilities set forth 
in chapter 14 of title 5 and other applicable law, the Chief Human 
Capital Officer of the Department shall--
          (1) develop and implement strategic workforce planning 
        policies that are consistent with Government-wide leading 
        principles and in line with Department strategic human capital 
        goals and priorities, taking into account the special 
        requirements of members of the armed forces serving in the 
        Coast Guard;
          (2) develop performance measures to provide a basis for 
        monitoring and evaluating Department-wide strategic workforce 
        planning efforts;
          (3) develop, improve, and implement policies, including 
        compensation flexibilities available to Federal agencies where 
        appropriate, to recruit, hire, train, and retain the workforce 
        of the Department, in coordination with all components of the 
        Department;
          (4) identify methods for managing and overseeing human 
        capital programs and initiatives, in coordination with the head 
        of each component of the Department;
          (5) develop a career path framework and create opportunities 
        for leader development in coordination with all components of 
        the Department;
          (6) lead the efforts of the Department for managing employee 
        resources, including training and development opportunities, in 
        coordination with each component of the Department;
          (7) work to ensure the Department is implementing human 
        capital programs and initiatives and effectively educating each 
        component of the Department about these programs and 
        initiatives;
          (8) identify and eliminate unnecessary and duplicative human 
        capital policies and guidance;
          (9) provide input concerning the hiring and performance of 
        the Chief Human Capital Officer or comparable official in each 
        component of the Department; and
          (10) ensure that all employees of the Department are informed 
        of their rights and remedies under chapters 12 and 23 of title 
        5.
  (c) Component Strategies.--
          (1) In general.-- Each component of the Department shall, in 
        coordination with the Chief Human Capital Officer of the 
        Department, develop a 5-year workforce strategy for the 
        component that will support the goals, objectives, and 
        performance measures of the Department for determining the 
        proper balance of Federal employees and private labor 
        resources.
          (2) Strategy requirements.-- In developing the strategy 
        required under paragraph (1), each component shall consider the 
        effect on human resources associated with creating additional 
        Federal full-time equivalent positions, converting private 
        contractors to Federal employees, or relying on the private 
        sector for goods and services.
  (d) Annual Submission.-- Not later than 90 days after the date on 
which the Secretary submits the annual budget justification for the 
Department, the Secretary shall submit to the congressional homeland 
security committees a report that includes a table, delineated by 
component with actual and enacted amounts, including--
          (1) information on the progress in the Department of 
        fulfilling the workforce strategies developed under subsection 
        (c);
          (2) the number of on-board staffing for Federal employees 
        from the prior fiscal year;
          (3) the total contract hours submitted by each prime 
        contractor as part of the service contract inventory required 
        under section 743 of the Financial Services and General 
        Government Appropriations Act, 2010 (Public Law 111-117, div. 
        C, 31 U.S.C. 501 note); and
          (4) the number of full-time equivalent personnel identified 
        under the Intergovernmental Personnel Act of 1970 (42 U.S.C. 
        4701 et seq.).
  (e) Limitation.-- Nothing in this section overrides or otherwise 
affects the requirements specified in section 10312 of this title.
Sec. 11505. Officer for Civil Rights and Civil Liberties
  (a) In General.--The Officer for Civil Rights and Civil Liberties, 
who shall report directly to the Secretary, shall--
          (1) review and assess information concerning abuses of civil 
        rights, civil liberties, and profiling on the basis of race, 
        ethnicity, or religion, by employees and officials of the 
        Department;
          (2) make public through the Internet, radio, television, or 
        newspaper advertisements information on the responsibilities 
        and functions of, and how to contact, the Officer;
          (3) assist the Secretary, directorates, and offices of the 
        Department to develop, implement, and periodically review 
        Department policies and procedures to ensure that the 
        protection of civil rights and civil liberties is appropriately 
        incorporated into Department programs and activities;
          (4) oversee compliance with constitutional, statutory, 
        regulatory, policy, and other requirements relating to the 
        civil rights and civil liberties of individuals affected by the 
        programs and activities of the Department;
          (5) coordinate with the Privacy Officer to ensure that--
                  (A) programs, policies, and procedures involving 
                civil rights, civil liberties, and privacy 
                considerations are addressed in an integrated and 
                comprehensive manner; and
                  (B) Congress receives appropriate reports regarding 
                the programs, policies, and procedures; and
          (6) investigate complaints and information indicating 
        possible abuses of civil rights or civil liberties, unless the 
        Inspector General of the Department determines that the 
        complaint or information should be investigated by the 
        Inspector General.
  (b) Report.--The Secretary shall submit to the President of the 
Senate, the Speaker of the House of Representatives, and the 
appropriate committees and subcommittees of Congress on an annual basis 
a report--
          (1) on the implementation of this section, including the use 
        of funds appropriated to carry out this section; and
          (2) detailing allegations of abuses described under 
        subsection (a)(1) and actions taken by the Department in 
        response to the allegations.
Sec. 11506. Quadrennial homeland security review
  (a) Requirement.--
          (1) Quadrennial reviews required.--In fiscal year 2017, and 
        every 4 years thereafter, the Secretary shall conduct a review 
        of the homeland security of the Nation (in this section 
        referred to as a ``quadrennial homeland security review'').
          (2) Scope of review.--Each quadrennial homeland security 
        review shall be a comprehensive examination of the homeland 
        security strategy of the Nation, including recommendations 
        regarding the long-term strategy and priorities of the Nation 
        for homeland security and guidance on the programs, assets, 
        capabilities, budget, policies, and authorities of the 
        Department.
          (3) Consultation.--The Secretary shall conduct each 
        quadrennial homeland security review under this subsection in 
        consultation with--
                  (A) the heads of other Federal agencies, including 
                the Attorney General, the Secretary of State, the 
                Secretary of Defense, the Secretary of Health and Human 
                Services, the Secretary of the Treasury, the Secretary 
                of Agriculture, and the Director of National 
                Intelligence;
                  (B) key officials of the Department, including the 
                Under Secretary for Strategy, Policy, and Plans; and
                  (C) other relevant governmental and nongovernmental 
                entities, including State, local, and tribal government 
                officials, members of Congress, private-sector 
                representatives, academics, and other policy experts.
          (4) Relationship with future years homeland security 
        program.--The Secretary shall ensure that each review conducted 
        under this section is coordinated with the Future Years 
        Homeland Security Program required under section 10386 of this 
        title.
  (b) Contents of Review.--In each quadrennial homeland security 
review, the Secretary shall--
          (1) delineate and update, as appropriate, the national 
        homeland security strategy, consistent with appropriate 
        national and Department strategies, strategic plans, and 
        Homeland Security Presidential Directives, including the 
        National Strategy for Homeland Security, the National Response 
        Plan, and the Department Security Strategic Plan;
          (2) outline and prioritize the full range of the critical 
        homeland security mission areas of the Nation;
          (3) describe the interagency cooperation, preparedness of 
        Federal response assets, infrastructure, budget plan, and other 
        elements of the homeland security program and policies of the 
        Nation associated with the national homeland security strategy, 
        required to execute successfully the full range of missions 
        called for in the national homeland security strategy described 
        in paragraph (1) and the homeland security mission areas 
        outlined under paragraph (2);
          (4) identify the budget plan required to provide sufficient 
        resources to successfully execute the full range of missions 
        called for in the national homeland security strategy described 
        in paragraph (1) and the homeland security mission areas 
        outlined under paragraph (2);
          (5) include an assessment of the organizational alignment of 
        the Department with the national homeland security strategy 
        referred to in paragraph (1) and the homeland security mission 
        areas outlined under paragraph (2); and
          (6) review and assess the effectiveness of the mechanisms of 
        the Department for executing the process of turning the 
        requirements developed in the quadrennial homeland security 
        review into an acquisition strategy and expenditure plan in the 
        Department.
  (c) Reporting.--
          (1) In general.--Not later than December 31 of the year in 
        which a quadrennial homeland security review is conducted, the 
        Secretary shall submit to Congress a report regarding that 
        quadrennial homeland security review.
          (2) Contents of report.--Each report submitted under 
        paragraph (1) shall include--
                  (A) the results of the quadrennial homeland security 
                review;
                  (B) a description of the threats to the assumed or 
                defined national homeland security interests of the 
                Nation that were examined for the purposes of that 
                review;
                  (C) the national homeland security strategy, 
                including a prioritized list of the critical homeland 
                security missions of the Nation;
                  (D) a description of the interagency cooperation, 
                preparedness of Federal response assets, 
                infrastructure, budget plan, and other elements of the 
                homeland security program and policies of the Nation 
                associated with the national homeland security 
                strategy, required to execute successfully the full 
                range of missions called for in the applicable national 
                homeland security strategy referred to in subsection 
                (b)(1) and the homeland security mission areas outlined 
                under subsection (b)(2);
                  (E) an assessment of the organizational alignment of 
                the Department with the applicable national homeland 
                security strategy referred to in subsection (b)(1) and 
                the homeland security mission areas outlined under 
                subsection (b)(2), including the Department's 
                organizational structure, management systems, budget 
                and accounting systems, human resources systems, 
                procurement systems, and physical and technical 
                infrastructure;
                  (F) a discussion of the status of cooperation among 
                Federal agencies in the effort to promote national 
                homeland security;
                  (G) a discussion of the status of cooperation between 
                the Federal Government and State, local, and tribal 
                governments in preventing terrorist attacks and 
                preparing for emergency response to threats to national 
                homeland security;
                  (H) an explanation of underlying assumptions used in 
                conducting the review; and
                  (I) any other matter the Secretary considers 
                appropriate.
          (3) Public availability.--The Secretary shall, consistent 
        with the protection of national security and other sensitive 
        matters, make each report submitted under paragraph (1) 
        publicly available on the Internet website of the Department.
  (d) Authorization of appropriations.--There are authorized to be 
appropriated such sums as may be necessary to carry out this section.
Sec. 11507. Interoperable communications
  (a) Definition of Interoperable Communications.--The term 
``interoperable communications'' has the same meaning given that term 
in section 10712(a) of this title.
  (b) Application.--Subsections (c) through (e) shall apply only with 
respect to the interoperable communications capabilities in the 
Department and components of the Department to communicate with the 
Department.
  (c) Strategy for Achieving and Maintaining Interoperable 
Communications Among the Components of the Department.--The Under 
Secretary for Management shall submit to the Committee on Homeland 
Security of the House of Representatives and the Committee on Homeland 
Security and Governmental Affairs of the Senate a strategy, which shall 
be updated as necessary, for achieving and sustaining interoperable 
communications among the components of the Department, including for 
daily operations, planned events, and emergencies, with corresponding 
milestones, that includes the following:
          (1) An assessment of interoperability gaps in radio 
        communications among the components of the Department, as of 
        July 6, 2015.
          (2) Information on efforts and activities, including current 
        and planned policies, directives, and training, of the 
        Department since November 1, 2012, to achieve and maintain 
        interoperable communications among the components of the 
        Department, and planned efforts and activities of the 
        Department to achieve and maintain the interoperable 
        communications.
          (3) An assessment of obstacles and challenges to achieving 
        and maintaining interoperable communications among the 
        components of the Department.
          (4) Information on, and an assessment of, the adequacy of 
        mechanisms available to the Under Secretary for Management to 
        enforce and compel compliance with interoperable communications 
        policies and directives of the Department.
          (5) Guidance provided to the components of the Department to 
        implement interoperable communications policies and directives 
        of the Department.
          (6) The total amount of funds expended by the Department 
        since November 1, 2012, and projected future expenditures, to 
        achieve interoperable communications, including on equipment, 
        infrastructure, and maintenance.
          (7) Dates on which Department-wide interoperability is 
        projected to be achieved for voice, data, and video 
        communications, respectively, and interim milestones that 
        correspond to the achievement of each of those modes of 
        communications.
  (d)  Supplemental Material.--Together with the strategy required 
under subsection (c), the Under Secretary for Management shall submit 
to the Committee on Homeland Security of the House of Representatives 
and the Committee on Homeland Security and Governmental Affairs of the 
Senate information on--
          (1) any intra-agency effort or task force that has been 
        delegated certain responsibilities by the Under Secretary for 
        Management relating to achieving and maintaining interoperable 
        communications among the components of the Department by the 
        dates referred to in subsection (c)(7); and
          (2) who in each component is responsible for implementing 
        polices and directives issued by the Under Secretary for 
        Management to achieve and maintain the interoperable 
        communications.
  (e) Report.-Not later than 100 days after the date on which the 
strategy required under subsection (c) is submitted, and every 2 years 
afterwards for 6 years, the Under Secretary for Management shall submit 
to the Committee on Homeland Security of the House of Representatives 
and the Committee on Homeland Security and Governmental Affairs of the 
Senate a report on the status of efforts to implement the strategy 
required under subsection (c), including the following:
          (1) Progress on each interim milestone referred to in 
        subsection (c)(7) toward achieving and maintaining 
        interoperable communications among the components of the 
        Department.
          (2) Information on any policies, directives, guidance, and 
        training established by the Under Secretary for Management.
          (3) An assessment of the level of compliance, adoption, and 
        participation among the components of the Department with the 
        policies, directives, guidance, and training established by the 
        Under Secretary for Management to achieve and maintain 
        interoperable communications among the components.
          (4) Information on any additional resources or authorities 
        needed by the Under Secretary for Management.
Sec. 11508. Joint Task Forces
  (a) Definition of Situational Awareness.--In this section, the term 
``situational awareness'' means knowledge and unified understanding of 
unlawful cross-border activity, including--
          (1) threats and trends concerning illicit trafficking and 
        unlawful crossings;
          (2) the ability to forecast future shifts in the threats and 
        trends;
          (3) the ability to evaluate the threats and trends at a level 
        sufficient to create actionable plans; and
          (4) the operational capability to conduct continuous and 
        integrated surveillance of the air, land, and maritime borders 
        of the United States.
  (b) Establishment.--The Secretary may establish and operate 
departmental Joint Task Forces to conduct joint operations using 
personnel and capabilities of the Department for the purposes specified 
in subsection (d).
  (c) Director, Deputy Directors, and Staff.--
          (1) Director.--
                  (A) Appointment.-Each Joint Task Force shall be 
                headed by a Director, appointed by the President, for a 
                term of not more than 2 years. The Secretary shall 
                submit to the President recommendations for the 
                appointment after consulting with the heads of the 
                components of the Department with membership on any 
                Joint Task Force. A Director shall be--
                          (i) a current senior official of the 
                        Department with not less than 1 year of 
                        significant leadership experience at the 
                        Department; or
                          (ii) if no suitable candidate is available at 
                        the Department, an individual with--
                                  (I) not less than 1 year of 
                                significant leadership experience in a 
                                Federal agency since the establishment 
                                of the Department; and
                                  (II) a demonstrated ability in 
                                knowledge of, and significant 
                                experience working on, the issues to be 
                                addressed by the Joint Task Force.
                  (B) Extension.--The Secretary may extend the 
                appointment of a Director of a Joint Task Force for not 
                more than 2 years if the Secretary determines that the 
                extension is in the best interest of the Department.
          (2) Deputy directors.--For each Joint Task Force, the 
        Secretary shall appoint a Deputy Director, who shall be an 
        official of a different component or office of the Department 
        than the Director.
          (3) Staff.--Each Joint Task Force shall have a staff, 
        composed of officials from the relevant components and offices 
        of the Department, to assist the Director in carrying out the 
        mission and responsibilities of the Joint Task Force.
  (d) Purposes.--
          (1) In general.--Subject to paragraph (2), the purposes 
        referred to in subsection (b) are or relate to the following:
                  (A) Securing the land and maritime borders of the 
                United States.
                  (B) Homeland security crises.
                  (C) Establishing regionally based operations.
          (2) Limitation.--
                  (A) In general.--The Secretary may not establish a 
                Joint Task Force for any major disaster or emergency 
                declared under the Robert T. Stafford Disaster Relief 
                and Emergency Assistance Act (42 U.S.C. 5121 et seq.) 
                or an incident for which the Federal Emergency 
                Management Agency has primary responsibility for 
                management of the response under chapter 111 of this 
                title, including section 11103(a)(3)(A), unless the 
                responsibilities of the Joint Task Force--
                          (i) do not include operational functions 
                        relating to incident management, including 
                        coordination of operations; and
                          (ii) are consistent with the requirements of 
                        paragraphs (1) and (2)(A) of section 11102(b) 
                        and section 11109 of this title and section 302 
                        of the Robert T. Stafford Disaster Relief and 
                        Emergency Assistance Act (42 U.S.C. 5143).
                  (B) Responsibilities and functions of agency and 
                administrator not reduced.--Nothing in this section may 
                be construed to reduce the responsibilities or 
                functions of the Federal Emergency Management Agency or 
                the Administrator of the Federal Emergency Management 
                Agency under chapter 111 of this title or any other 
                provision of law, including the diversion of an asset, 
                function, or mission from the Federal Emergency 
                Management Agency or the Administrator of the Federal 
                Emergency Management Agency pursuant to section 11106 
                of this title.
  (e) Responsibilities.--The Director of a Joint Task Force, subject to 
the oversight, direction, and guidance of the Secretary, shall--
          (1) when the Joint Task Force is established for the purpose 
        referred to in subsection (d)(1)(A), maintain situational 
        awareness in the areas of responsibility of the Joint Task 
        Force, as determined by the Secretary;
          (2) provide operational plans and requirements for standard 
        operating procedures and contingency operations in the areas of 
        responsibility of the Joint Task Force, as determined by the 
        Secretary;
          (3) plan and execute joint task force activities in the areas 
        of responsibility of the Joint Task Force, as determined by the 
        Secretary;
          (4) set and accomplish strategic objectives through 
        integrated operational planning and execution;
          (5) exercise operational direction over personnel and 
        equipment from components and offices of the Department 
        allocated to the Joint Task Force to accomplish the objectives 
        of the Joint Task Force;
          (6) when the Joint Task Force is established for the purpose 
        referred to in subsection (d)(1)(A), establish operational and 
        investigative priorities in the areas of responsibility of the 
        Joint Task Force, as determined by the Secretary;
          (7) coordinate with foreign governments and other Federal, 
        State, and local agencies, as appropriate, to carry out the 
        mission of the Joint Task Force; and
          (8) carry out other duties and powers the Secretary 
        determines appropriate.
  (f) Personnel and Resources.--
          (1) Temporary allocation.--The Secretary, on request of the 
        Director of a Joint Task Force and giving appropriate 
        consideration of risk to the other primary missions of the 
        Department, may allocate to the Joint Task Force on a temporary 
        basis personnel and equipment of components and offices of the 
        Department.
          (2) Cost neutrality.--A Joint Task Force may not require more 
        resources than would have otherwise been required by the 
        Department to carry out the duties assigned to the Joint Task 
        Force if the Joint Task Force had not been established.
          (3) Location of operations.--In establishing a location of 
        operations for a Joint Task Force, the Secretary shall, to the 
        extent practicable, use existing facilities that integrate 
        efforts of components of the Department and State, local, 
        tribal, or territorial law enforcement or military entities.
          (4) Consideration of impact.--When reviewing requests for 
        allocation of component personnel and equipment under paragraph 
        (1), the Secretary shall consider the impact of the allocation 
        on the ability of the donating component or office to carry out 
        the primary missions of the Department, and in the case of the 
        Coast Guard, the missions specified in section 10312 of this 
        title.
          (5) Limitation.--Personnel and equipment of the Coast Guard 
        allocated under this subsection may be used only to carry out 
        operations and investigations relating to the missions 
        specified in section 10312 of this title.
          (6) Report.--The Secretary, at the time the budget of the 
        President for a fiscal year is submitted to Congress under 
        section 1105(a) of title 31, shall submit to the Committee on 
        Homeland Security and the Committee on Transportation and 
        Infrastructure of the House of Representatives and the 
        Committee on Homeland Security and Governmental Affairs and the 
        Committee on Commerce, Science, and Transportation of the 
        Senate a report on the total funding, personnel, and other 
        resources that each component or office of the Department 
        allocated under this subsection to each Joint Task Force to 
        carry out the mission of the Joint Task Force during the fiscal 
        year immediately preceding each report, and a description of 
        the degree to which the resources drawn from each component or 
        office impact the primary mission of the component or office.
  (g) Component Resource Authority.--As directed by the Secretary--
          (1) each Director of a Joint Task Force shall be provided 
        sufficient resources from relevant components and offices of 
        the Department and the authority necessary to carry out the 
        missions and responsibilities of the Joint Task Force required 
        under this section;
          (2) the resources referred to in paragraph (1) shall be under 
        the operational authority, direction, and control of the 
        Director of the Joint Task Force to which the resources are 
        assigned; and
          (3) the personnel and equipment of each Joint Task Force 
        shall remain under the administrative direction of the head of 
        the component or office of the Department that provided the 
        personnel or equipment.
  (h) Establishment of Performance Metrics.--The Secretary shall--
          (1) establish outcome-based and other appropriate performance 
        metrics to evaluate the effectiveness of each Joint Task Force;
          (2) not later than 120 days after December 23, 2016, and 120 
        days after the establishment of a new Joint Task Force, as 
        appropriate, submit to the Committee on Homeland Security and 
        the Committee on Transportation and Infrastructure of the House 
        of Representatives and the Committee on Homeland Security and 
        Governmental Affairs and the Committee on Commerce, Science, 
        and Transportation of the Senate the metrics established under 
        paragraph (1); and
          (3) not later than January 31 of each year, submit to each 
        committee specified in paragraph (2) a report that contains the 
        evaluation described in paragraph (1).
  (i) Joint Duty Training Program.--
          (1) In general.--The Secretary shall--
                  (A) establish a joint duty training program in the 
                Department for the purposes of--
                          (i) enhancing coordination in the Department; 
                        and
                          (ii) promoting workforce professional 
                        development; and
                  (B) tailor the joint duty training program to improve 
                joint operations as part of the Joint Task Forces.
          (2) Elements.--The joint duty training program established 
        under paragraph (1) shall address, at a minimum, the following 
        topics:
                  (A) National security strategy.
                  (B) Strategic and contingency planning.
                  (C) Command and control of operations under joint 
                command.
                  (D) International engagement.
                  (E) The homeland security enterprise.
                  (F) Interagency collaboration.
                  (G) Leadership.
                  (H) Specific subject matters relevant to the Joint 
                Task Force, including matters relating to the missions 
                specified in section 10312 of this title, to which the 
                joint duty training program is assigned.
          (3) Training required.--
                  (A) Directors and deputy directors.--Except as 
                provided in subparagraphs (C) and (D), an individual 
                shall complete the joint duty training program before 
                being appointed Director or Deputy Director of a Joint 
                Task Force.
                  (B) Staff.--Each official serving on the staff of a 
                Joint Task Force shall complete the joint duty training 
                program in the 1st year of assignment to the Joint Task 
                Force.
                  (C) Exception.--Subparagraph (A) does not apply to 
                the 1st Director or Deputy Director appointed to a 
                Joint Task Force on or after December 23, 2016.
                  (D) Waiver.--The Secretary may waive the application 
                of subparagraph (A) if the Secretary determines that 
                the waiver is in the interest of homeland security or 
                necessary to carry out the mission for which a Joint 
                Task Force was established.
  (j) Notification of Joint Task Force Formation.--
          (1) In general.--Not later than 90 days before establishing a 
        Joint Task Force under this section, the Secretary shall submit 
        to the majority leader of the Senate, the minority leader of 
        the Senate, The Speaker of the House of Representatives, the 
        majority leader of the House of Representatives, the minority 
        leader of the House of Representatives, the Committee on 
        Homeland Security and the Committee on Transportation and 
        Infrastructure of the House of Representatives, and the 
        Committee on Homeland Security and Governmental Affairs and the 
        Committee on Commerce, Science, and Transportation of the 
        Senate a notification regarding the establishment.
          (2) Waiver authority.--The Secretary may waive the 
        requirement under paragraph (1) in the event of an emergency 
        circumstance that imminently threatens the protection of human 
        life or property.
  (k) Review.--Not later than January 31, 2018, and January 31, 2021, 
the Inspector General of the Department shall submit to the Committee 
on Homeland Security and the Committee on Transportation and 
Infrastructure of the House of Representatives and the Committee on 
Homeland Security and Governmental Affairs and the Committee on 
Commerce, Science, and Transportation of the Senate a review of the 
Joint Task Forces established under this section. The reviews shall 
include--
          (1) an assessment of the effectiveness of the structure of 
        each Joint Task Force; and
          (2) recommendations for enhancements to the structure to 
        strengthen the effectiveness of each Joint Task Force.
  (l) Joint Duty Assignment Program.--After establishing the joint duty 
training program under subsection (i), the Secretary shall establish a 
joint duty assignment program in the Department for the purposes of 
enhancing coordination in the Department and promoting workforce 
professional development.
  (m) Sunset.--This section expires on September 30, 2022.
Sec. 11509. Office of Strategy, Policy, and Plans
  (a) In General.--The Under Secretary for Strategy, Policy, and Plans 
is the principal policy advisor to the Secretary.
  (b) Functions.--The Under Secretary for Strategy, Policy, and Plans 
shall--
          (1) lead, conduct, and coordinate Department-wide policy 
        development and implementation and strategic planning;
          (2) develop and coordinate policies to promote and ensure 
        quality, consistency, and integration for the programs, 
        components, offices, and activities across the Department;
          (3) develop and coordinate strategic plans and long-term 
        goals of the Department with risk-based analysis and planning 
        to improve operational mission effectiveness, including 
        consultation with the Secretary regarding the quadrennial 
        homeland security review under section 11506 of this title;
          (4) manage Department leadership councils and provide 
        analytics and support to the councils;
          (5) manage international coordination and engagement for the 
        Department;
          (6) review and incorporate, as appropriate, external 
        stakeholder feedback into Department policy; and
          (7) carry out such other responsibilities as the Secretary 
        determines appropriate.
  (c) Coordination by Department Components.--To ensure consistency 
with the policy priorities of the Department, the head of each 
component of the Department shall coordinate with the Office of 
Strategy, Policy, and Plans in establishing or modifying policies or 
strategic planning guidance with respect to each component.
  (d) Homeland Security Statistics and Joint Analysis.--
          (1) Homeland security statistics.--The Under Secretary for 
        Strategy, Policy, and Plans shall--
                  (A) establish standards of reliability and validity 
                for statistical data collected and analyzed by the 
                Department;
                  (B) be provided by the heads of all components of the 
                Department with statistical data maintained by the 
                Department regarding the operations of the Department.
                  (C) conduct or oversee analysis and reporting of the 
                data by the Department as required by law or as 
                directed by the Secretary; and
                  (D) ensure the accuracy of metrics and statistical 
                data provided to Congress.
          (2) Transfer of responsibilities.--There shall be transferred 
        to the Under Secretary for Strategy, Policy, and Plans the 
        maintenance of all immigration statistical information of U.S. 
        Customs and Border Protection, U.S. Immigration and Customs 
        Enforcement, and U.S. Citizenship and Immigration Services, 
        which shall include information and statistics of the type 
        contained in the publication entitled ``Yearbook of Immigration 
        Statistics'' prepared by the Office of Immigration Statistics, 
        including region-by-region statistics on the aggregate number 
        of applicants and petitions filed by an alien (or filed on 
        behalf of an alien) and denied, and the reasons for the denial, 
        disaggregated by category of denial and application or petition 
        type.
  (e) Limitation.--Nothing in this section overrides or otherwise 
affects the requirements specified in section 10312 of this title.

             Chapter 117--Coordination With Other 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.
Sec. 11701. Responsibilities of Office for State and Local Government 
                    Coordination
  The Office for State and Local Government Coordination oversees and 
coordinates departmental programs for and relationships with State and 
local governments. The Office shall--
          (1) coordinate the activities of the Department relating to 
        State and local government;
          (2) assess, and advocate for, the resources needed by State 
        and local government to implement the national strategy for 
        combating terrorism;
          (3) provide State and local government with regular 
        information, research, and technical support to assist local 
        efforts at securing the homeland; and
          (4) develop a process for receiving meaningful input from 
        State and local government to assist the development of the 
        national strategy for combating terrorism and other homeland 
        security activities.
Sec. 11702. Responsibilities of Office for National Capital Region 
                    Coordination
  (a) In General.--The Office for National Capital Region Coordination 
oversees and coordinates Federal programs for and relationships with 
State, local, and regional authorities in the National Capital Region, 
as defined under section 2674(f)(2) of title 10.
  (b) Cooperation With National Capital Region Officials.--The 
Secretary shall cooperate with the Mayor of the District of Columbia, 
the Governors of Maryland and Virginia, and other State, local, and 
regional officers in the National Capital Region to integrate the 
District of Columbia, Maryland, and Virginia into the planning, 
coordination, and execution of the activities of the Federal Government 
for the enhancement of domestic preparedness against the consequences 
of terrorist attacks.
  (c) Responsibilities.--The Office for National Capital Region 
Coordination shall--
          (1) coordinate the activities of the Department relating to 
        the National Capital Region, including cooperation with the 
        Office for State and Local Government Coordination;
          (2) assess, and advocate for, the resources needed by State, 
        local, and regional authorities in the National Capital Region 
        to implement efforts to secure the homeland;
          (3) provide State, local, and regional authorities in the 
        National Capital Region with regular information, research, and 
        technical support to assist the efforts of State, local, and 
        regional authorities in the National Capital Region in securing 
        the homeland;
          (4) develop a process for receiving meaningful input from 
        State, local, and regional authorities and the private sector 
        in the National Capital Region to assist in the development of 
        the homeland security plans and activities of the Federal 
        Government;
          (5) coordinate with Federal agencies in the National Capital 
        Region on terrorism preparedness, to ensure adequate planning, 
        information sharing, training, and execution of the Federal 
        role in domestic preparedness activities;
          (6) coordinate with Federal, State, local, and regional 
        agencies, and the private sector in the National Capital Region 
        on terrorism preparedness to ensure adequate planning, 
        information sharing, training, and execution of domestic 
        preparedness activities among these agencies and entities; and
          (7) serve as a liaison between the Federal Government and 
        State, local, and regional authorities, and private-sector 
        entities in the National Capital Region to facilitate access to 
        Federal grants and other programs.
  (d) Annual Report.--The Office for National Capital Region 
Coordination shall submit an annual report to Congress that includes--
          (1) the identification of the resources required to fully 
        implement homeland security efforts in the National Capital 
        Region;
          (2) an assessment of the progress made by the National 
        Capital Region in implementing homeland security efforts; and
          (3) recommendations to Congress regarding the additional 
        resources needed to fully implement homeland security efforts 
        in the National Capital Region.
  (e) Limitation.--Nothing contained in this section shall be construed 
as limiting the power of State and local governments.
Sec. 11703. Joint Interagency Task Force
  The Secretary may establish and operate a permanent Joint Interagency 
Homeland Security Task Force composed of representatives from military 
and civilian agencies of the United States Government for the purposes 
of anticipating terrorist threats against the United States and taking 
appropriate actions to prevent harm to the United States.
Sec. 11704. Coordination with Department of Health and Human Services 
                    under the Public Health Service Act
  (a) In General.--The annual Federal response plan developed by the 
Department shall be consistent with section 319 of the Public Health 
Service Act (42 U.S.C. 247d).
  (b) Disclosures Among Relevant Agencies.--
          (1) In general.--Full disclosure among relevant agencies 
        shall be made under this subsection.
          (2) Public health emergency.--During the period in which the 
        Secretary of Health and Human Services has declared the 
        existence of a public health emergency under section 319(a) of 
        the Public Health Service Act (42 U.S.C. 247d(a)), the 
        Secretary of Health and Human Services shall keep relevant 
        agencies, including the Department of Homeland Security, the 
        Department of Justice, and the Federal Bureau of Investigation, 
        fully and currently informed.
          (3) Potential public health emergency.--In cases involving, 
        or potentially involving, a public health emergency, but in 
        which no determination of an emergency by the Secretary of 
        Health and Human Services under section 319(a) of the Public 
        Health Service Act (42 U.S.C. 247d(a)) has been made, all 
        relevant agencies, including the Department, the Department of 
        Justice, and the Federal Bureau of Investigation, shall keep 
        the Secretary of Health and Human Services and the Director of 
        the Centers for Disease Control and Prevention fully and 
        currently informed.
Sec. 11705. Aviation security
  (a) Consultation with Federal Aviation Administration.--The Secretary 
and other officials in the Department shall consult with the 
Administrator of the Federal Aviation Administration before taking an 
action that might affect aviation safety, air carrier operations, 
aircraft airworthiness, or the use of airspace. The Secretary shall 
establish a liaison office in the Department to consult with the 
Administrator of the Federal Aviation Administration.
  (b) Limitations on Statutory Construction.--
          (1) Grant of authority.--Nothing in this subtitle may be 
        construed to vest in the Secretary or another official in the 
        Department authority over transportation security that is not 
        vested in the Administrator of the Transportation Security 
        Administration, or that was not vested in the Secretary of 
        Transportation under chapter 449 of title 49 on November 24, 
        2002.
          (2) Obligation of aip funds.--Nothing in this subtitle may be 
        construed to authorize the Secretary or any other official in 
        the Department to obligate amounts made available under section 
        48103 of title 49.
Sec. 11706. Investigation of violent acts, shootings, and mass killings
  (a) Definitions.--In this section:
          (1) Mass killings.--The term ``mass killings'' means 3 or 
        more killings in a single incident.
          (2) Place of public use.--The term ``place of public use'' 
        has the meaning given the term under section 2332f(e)(6) of 
        title 18.
  (b) Providing Assistance.--At the request of an appropriate law 
enforcement official of a State or political subdivision, the 
Secretary, through deployment of the Secret Service or U.S. Immigration 
and Customs Enforcement, may assist in the investigation of violent 
acts and shootings occurring in a place of public use, and in the 
investigation of mass killings and attempted mass killings. Any 
assistance provided by the Secretary under this subsection shall be 
presumed to be within the scope of a Federal office or of Federal 
employment.
Sec. 11707. Facilitating homeland security information sharing 
                    procedures
  (a) Definitions.--In this section:
          (1) Homeland security information.--The term ``homeland 
        security information'' means information possessed by a 
        Federal, State, or local agency that--
                  (A) relates to the threat of terrorist activity;
                  (B) relates to the ability to prevent, interdict, or 
                disrupt terrorist activity;
                  (C) would improve the identification or investigation 
                of a suspected terrorist or terrorist organization; or
                  (D) would improve the response to a terrorist act.
          (2) Intelligence community.--The term ``intelligence 
        community'' has the meaning given the term in section 3(4) of 
        the National Security Act of 1947 (50 U.S.C. 3003(4)).
          (3) State and local personnel.--The term ``State and local 
        personnel'' means any of the following persons involved in the 
        prevention of, preparation for, or response to terrorist 
        attack:
                  (A) State Governors, mayors, and other locally 
                elected officials.
                  (B) State and local law enforcement personnel and 
                firefighters.
                  (C) Public health and medical professionals.
                  (D) Regional, State, and local emergency management 
                agency personnel, including State adjutant generals.
                  (E) Other appropriate emergency response agency 
                personnel.
                  (F) Employees of private-sector entities that affect 
                critical infrastructure, cyber, economic, or public 
                health security, as designated by the Federal 
                Government in procedures developed under this section.
  (b) Procedures for Determining Extent of Sharing of Homeland Security 
Information.--
          (1) Establishment of procedures.--The President shall 
        prescribe and implement procedures under which relevant Federal 
        agencies--
                  (A) share relevant and appropriate homeland security 
                information with other Federal agencies, including the 
                Department, and appropriate State and local personnel;
                  (B) identify and safeguard homeland security 
                information that is sensitive but unclassified; and
                  (C) to the extent the information is in classified 
                form, determine whether, how, and to what extent to 
                remove classified information, as appropriate, and with 
                which personnel it may be shared after the information 
                is removed.
          (2) Applicability.--The President shall ensure that the 
        procedures apply to all agencies of the Federal Government.
          (3) No change in substantive requirements.--The procedures 
        shall not change the substantive requirements for the 
        classification and safeguarding of classified information.
          (4) No change in protective authorities.--The procedures 
        shall not change the requirements and authorities to protect 
        sources and methods.
  (c) Procedures for Sharing of Homeland Security Information.--
          (1) In general.--Under procedures prescribed by the 
        President, all appropriate agencies, including the intelligence 
        community, shall, through information sharing systems, share 
        homeland security information with Federal agencies and 
        appropriate State and local personnel to the extent the 
        information may be shared, as determined under subsection (b), 
        together with assessments of the credibility of the 
        information.
          (2) System capabilities.--Each information sharing system 
        through which information is shared under paragraph (1) shall--
                  (A) have the capability to transmit unclassified or 
                classified information, though the procedures and 
                recipients for each capability may differ;
                  (B) have the capability to restrict delivery of 
                information to specified subgroups by geographic 
                location, type of organization, position of a recipient 
                within an organization, or a recipient's need to know 
                the information;
                  (C) be configured to allow the efficient and 
                effective sharing of information; and
                  (D) be accessible to appropriate State and local 
                personnel.
          (3) Use conditions.--The procedures prescribed under 
        paragraph (1) shall establish conditions on the use of 
        information shared under paragraph (1)--
                  (A) to limit the re-dissemination of the information 
                to ensure that the information is not used for an 
                unauthorized purpose;
                  (B) to ensure the security and confidentiality of the 
                information;
                  (C) to protect the constitutional and statutory 
                rights of individuals who are subjects of the 
                information; and
                  (D) to provide data integrity through the timely 
                removal and destruction of obsolete or erroneous names 
                and information.
          (4) Inclusion of existing systems.--The procedures prescribed 
        under paragraph (1) shall ensure, to the greatest extent 
        practicable, that the information sharing system through which 
        information is shared under that paragraph include existing 
        information sharing systems, including the National Law 
        Enforcement Telecommunications System, the Regional Information 
        Sharing System, and the Terrorist Threat Warning System of the 
        Federal Bureau of Investigation.
          (5) Agency access.--Each appropriate Federal agency, as 
        determined by the President, shall have access to each 
        information sharing system through which information is shared 
        under paragraph (1), and shall therefore have access to all 
        information, as appropriate, shared under that paragraph.
          (6) Sharing information.--The procedures prescribed under 
        paragraph (1) shall ensure that appropriate State and local 
        personnel are authorized to use the information sharing 
        systems--
                  (A) to access information shared with the personnel; 
                and
                  (B) to share, with others who have access to the 
                information sharing systems, the homeland security 
                information of their own jurisdictions, which shall be 
                marked appropriately as pertaining to potential 
                terrorist activity.
          (7) Assessment and integration of information.--Under 
        procedures prescribed jointly by the Director of National 
        Intelligence and the Attorney General, each appropriate Federal 
        agency, as determined by the President, shall review and assess 
        the information shared under paragraph (6) and integrate the 
        information with existing intelligence.
  (d) Sharing of Classified Information and Sensitive but Unclassified 
Information with State and Local Personnel.--
          (1) In general.--The President shall prescribe procedures 
        under which Federal agencies may, to the extent the President 
        considers necessary, share with appropriate State and local 
        personnel homeland security information that remains classified 
        or otherwise protected after the determinations prescribed 
        under the procedures set forth in subsection (b) are made.
          (2) Training program.--
                  (A) Establishment.--The Secretary shall establish a 
                program to provide appropriate training to officials 
                described in subparagraph (B) in order to assist the 
                officials in--
                          (i) identifying sources of potential 
                        terrorist threats through the methods the 
                        Secretary determines are appropriate;
                          (ii) reporting information relating to the 
                        potential terrorist threats to the appropriate 
                        Federal agencies in the appropriate form and 
                        manner;
                          (iii) assuring that all reported information 
                        is systematically submitted to and passed on by 
                        the Department for use by appropriate Federal 
                        agencies; and
                          (iv) understanding the mission and roles of 
                        the intelligence community to promote more 
                        effective information sharing among Federal, 
                        State, and local officials and representatives 
                        of the private sector to prevent terrorist 
                        attacks against the United States.
                  (B) Training coverage.--The officials referred to in 
                subparagraph (A) are officials of State and local 
                government agencies and representatives of private-
                sector entities with responsibilities relating to the 
                oversight and management of first responders, 
                counterterrorism activities, or critical 
                infrastructure.
                  (C) Consultation with attorney general.--The 
                Secretary shall consult with the Attorney General to 
                ensure that the training program established in 
                subparagraph (A) does not duplicate the training 
                program established in section 908 of the USA PATRIOT 
                Act (Public Law 107-56, 28 U.S.C. 509 note).
                  (D) Other consultation.--The Secretary shall carry 
                out this paragraph in consultation with the Director of 
                National Intelligence and the Attorney General.
  (e) Responsible Officials.--For each affected Federal agency, the 
head of the agency shall designate an official to administer this 
subtitle with respect to the agency.
  (f) Federal Control of Information.--Under procedures prescribed 
under this section, information obtained by a State or local government 
from a Federal agency under this section shall remain under the control 
of the Federal agency, and a State or local law authorizing or 
requiring a government to disclose information shall not apply to the 
information.
  (g) Construction.--Nothing in this subtitle shall be construed as 
authorizing a department, bureau, agency, officer, or employee of the 
Federal Government to request, receive, or transmit to another 
Government entity or any Government personnel, or transmit to a State 
or local entity or State or local personnel otherwise authorized by the 
Homeland Security Act of 2002 (Public Law 107-296, 116 Stat. 2135) to 
receive homeland security information, information collected by the 
Federal Government solely for statistical purposes in violation of any 
other provision of law relating to the confidentiality of the 
information.
  (h) Authorization of Appropriations.--There are authorized to be 
appropriated such sums as may be necessary to carry out this section.
Sec. 11708. Information sharing
  (a) Definitions.--In this section:
          (1) Homeland security information.--The term ``homeland 
        security information'' has the meaning given the term in 
        section 11707(a) of this title.
          (2) Information sharing council.--The term ``Information 
        Sharing Council'' means the Information Sharing Council 
        established by Executive Order 13388 (Oct. 25, 2005, 70 F.R. 
        62023), or any successor body designated by the President, and 
        referred to under subsection (e).
          (3) Information sharing environment; ise.--The terms 
        ``information sharing environment'' and ``ISE'' mean an 
        approach that facilitates the sharing of terrorism and homeland 
        security information, which may include any method determined 
        necessary and appropriate for carrying out this section.
          (4) Program manager.--The term ``program manager'' means the 
        program manager designated under subsection (d).
          (5) Terrorism information.--The term ``terrorism 
        information''--
                  (A) means all information, whether collected, 
                produced, or distributed by intelligence, law 
                enforcement, military, homeland security, or other 
                activities relating to--
                          (i) the existence, organization, 
                        capabilities, plans, intentions, 
                        vulnerabilities, means of finance or material 
                        support, or activities of foreign or 
                        international terrorist groups or individuals, 
                        or of domestic groups or individuals involved 
                        in transnational terrorism;
                          (ii) threats posed by the groups or 
                        individuals to the United States, United States 
                        persons, or United States interests, or to 
                        those of other nations;
                          (iii) communications of or by the groups or 
                        individuals; or
                          (iv) other groups or individuals reasonably 
                        believed to be assisting or associated with the 
                        groups or individuals; and
                  (B) includes weapons of mass destruction information.
          (6) Weapons of mass destruction information.--The term 
        ``weapons of mass destruction information'' means information 
        that could reasonably be expected to assist in the development, 
        proliferation, or use of a weapon of mass destruction 
        (including a chemical, biological, radiological, or nuclear 
        weapon) that could be used by a terrorist or a terrorist 
        organization against the United States, including information 
        about the location of a stockpile of nuclear materials that 
        could be exploited for use in a weapon that could be used by a 
        terrorist or a terrorist organization against the United 
        States.
  (b) Information Sharing Environment.--
          (1) Establishment.--The President shall--
                  (A) create an information sharing environment for the 
                sharing of terrorism information in a manner consistent 
                with national security and with applicable legal 
                standards relating to privacy and civil liberties;
                  (B) designate the organizational and management 
                structures that will be used to operate and manage the 
                ISE; and
                  (C) determine and enforce the policies, directives, 
                and rules that will govern the content and usage of the 
                ISE.
          (2) Attributes.--The President shall, through the structures 
        described in subparagraphs (B) and (C) of paragraph (1), ensure 
        that the ISE provides and facilitates the means for sharing 
        terrorism information among all appropriate Federal, State, 
        local, and tribal entities, and the private sector through the 
        use of policy guidelines and technologies. The President shall, 
        to the greatest extent practicable, ensure that the ISE 
        provides the functional equivalent of, or otherwise supports, a 
        decentralized, distributed, and coordinated environment that--
                  (A) connects existing systems, where appropriate, 
                provides no single points of failure, and allows users 
                to share information among agencies, between levels of 
                government, and, as appropriate, with the private 
                sector;
                  (B) ensures direct and continuous online electronic 
                access to information;
                  (C) facilitates the availability of information in a 
                form and manner that facilitates its use in analysis, 
                investigations, and operations;
                  (D) builds upon existing systems capabilities 
                currently in use across the Government;
                  (E) employs an information access management approach 
                that controls access to data rather than just systems 
                and networks, without sacrificing security;
                  (F) facilitates the sharing of information at and 
                across all levels of security;
                  (G) provides directory services, or the functional 
                equivalent, for locating people and information;
                  (H) incorporates protections for individuals' privacy 
                and civil liberties;
                  (I) incorporates strong mechanisms to enhance 
                accountability and facilitate oversight, including 
                audits, authentication, and access controls;
                  (J) integrates the information within the scope of 
                the information sharing environment, including 
                information in legacy technologies;
                  (K) integrates technologies, including all legacy 
                technologies, through Internet-based services, 
                consistent with appropriate security protocols and 
                safeguards, to enable connectivity among required users 
                at the Federal, State, and local levels;
                  (L) allows the full range of analytic and operational 
                activities without the need to centralize information 
                within the scope of the information sharing 
                environment;
                  (M) permits analysts to collaborate both 
                independently and in a group (commonly known as 
                ``collective and noncollective collaboration''), and 
                across multiple levels of national security information 
                and controlled unclassified information;
                  (N) provides a resolution process that enables 
                changes by authorized officials regarding rules and 
                policies for the access, use, and retention of 
                information within the scope of the information sharing 
                environment; and
                  (O) incorporates continuous, real-time, and immutable 
                audit capabilities, to the maximum extent practicable.
  (c) Guidelines and Requirements.--The President shall--
          (1) leverage all ongoing efforts consistent with establishing 
        the ISE and issue guidelines for acquiring, accessing, sharing, 
        and using information, including guidelines to ensure that 
        information is provided in its most shareable form, such as by 
        using tearlines to separate out data from the sources and 
        methods by which the data are obtained;
          (2) in consultation with the Privacy and Civil Liberties 
        Oversight Board established under section 1061 of the 
        Intelligence Reform and Terrorism Prevention Act of 2004 (42 
        U.S.C. 2000ee), issue guidelines that--
                  (A) protect privacy and civil liberties in the 
                development and use of the ISE; and
                  (B) shall be made public, unless nondisclosure is 
                clearly necessary to protect national security; and
          (3) require the heads of Federal departments and agencies to 
        promote a culture of information sharing by--
                  (A) reducing disincentives to information sharing, 
                including over-classification of information and 
                unnecessary requirements for originator approval, 
                consistent with applicable laws and regulations; and
                  (B) providing affirmative incentives for information 
                sharing.
  (d) Program Manager.--
          (1) Designation.--The President shall designate an individual 
        as the program manager responsible for information sharing 
        across the Federal Government. The individual designated as the 
        program manager shall serve as program manager until removed 
        from service or replaced by the President (at the President's 
        sole discretion). The program manager, in consultation with the 
        head of an affected department or agency, shall have and 
        exercise government-wide authority over the sharing of 
        information within the scope of the information sharing 
        environment, including homeland security information, terrorism 
        information, and weapons of mass destruction information, by 
        all Federal departments, agencies, and components, irrespective 
        of the Federal department, agency, or component in which the 
        program manager may be administratively located, except as 
        otherwise expressly provided by law.
          (2) Duties and responsibilities.--
                  (A) In general.--The program manager shall, in 
                consultation with the Information Sharing Council--
                          (i) plan for and oversee the implementation 
                        of, and manage, the ISE;
                          (ii) assist in the development of policies, 
                        as appropriate, to foster the development and 
                        proper operation of the ISE;
                          (iii) consistent with the direction and 
                        policies issued by the President, the Director 
                        of National Intelligence, and the Director of 
                        the Office of Management and Budget, issue 
                        government-wide procedures, guidelines, 
                        instructions, and functional standards, as 
                        appropriate, for the management, development, 
                        and proper operation of the ISE;
                          (iv) identify and resolve information sharing 
                        disputes between Federal departments, agencies, 
                        and components; and
                          (v) assist, monitor, and assess the 
                        implementation of the ISE by Federal 
                        departments and agencies to ensure adequate 
                        progress, technological consistency, and policy 
                        compliance; and regularly report the findings 
                        to Congress.
                  (B) Content of policies, procedures, guidelines, 
                rules, and standards.--The policies, procedures, 
                guidelines, rules, and standards under clauses (ii) and 
                (iii) of subparagraph (A) shall--
                          (i) take into account the varying missions 
                        and security requirements of agencies 
                        participating in the ISE;
                          (ii) address development, implementation, and 
                        oversight of technical standards and 
                        requirements;
                          (iii) take into account ongoing and planned 
                        efforts that support development, 
                        implementation, and management of the ISE;
                          (iv) address and facilitate information 
                        sharing between and among departments and 
                        agencies of the intelligence community, the 
                        Department of Defense, the homeland security 
                        community, and the law enforcement community;
                          (v) address and facilitate information 
                        sharing between Federal departments and 
                        agencies and State, tribal, and local 
                        governments;
                          (vi) address and facilitate, as appropriate, 
                        information sharing between Federal departments 
                        and agencies and the private sector;
                          (vii) address and facilitate, as appropriate, 
                        information sharing between Federal departments 
                        and agencies with foreign partners and allies; 
                        and
                          (viii) ensure the protection of privacy and 
                        civil liberties.
  (e) Information Sharing Council.--
          (1) Establishment.--There is in the Department the 
        Information Sharing Council that assists the President and the 
        program manager in their duties under this section. The 
        Information Sharing Council serves until removed from service 
        or replaced by the President (at the sole discretion of the 
        President) with a successor body.
          (2) Specific duties.--In assisting the President and the 
        program manager in their duties under this section, the 
        Information Sharing Council shall--
                  (A) advise the President and the program manager in 
                developing policies, procedures, guidelines, roles, and 
                standards necessary to establish, implement, and 
                maintain the ISE;
                  (B) work to ensure coordination among the Federal 
                departments and agencies participating in the ISE in 
                the establishment, implementation, and maintenance of 
                the ISE;
                  (C) identify and, as appropriate, recommend the 
                consolidation and elimination of current programs, 
                systems, and processes used by Federal departments and 
                agencies to share information, and recommend, as 
                appropriate, the redirection of existing resources to 
                support the ISE;
                  (D) identify gaps, if any, between existing 
                technologies, programs, and systems used by Federal 
                departments and agencies to share information and the 
                parameters of the proposed information sharing 
                environment;
                  (E) recommend solutions to address gaps identified 
                under subparagraph (D);
                  (F) recommend means by which the ISE can be extended 
                to allow interchange of information between Federal 
                departments and agencies and appropriate authorities of 
                State and local governments;
                  (G) assist the program manager in identifying and 
                resolving information sharing disputes between Federal 
                departments, agencies, and components;
                  (H) identify appropriate personnel for assignment to 
                the program manager to support staffing needs 
                identified by the program manager; and
                  (I) recommend whether or not, and by which means, the 
                ISE should be expanded so as to allow future expansion 
                encompassing other relevant categories of information.
          (3) Consultation.--In performing its duties, the Information 
        Sharing Council shall consider input from persons and entities 
        outside the Federal Government having significant experience 
        and expertise in policy, technical matters, and operational 
        matters relating to the ISE.
          (4) Inapplicability of federal advisory committee act.--The 
        Information Sharing Council (including a subsidiary group of 
        the Council) is not subject to the requirements of the Federal 
        Advisory Committee Act (5 U.S.C. App.).
          (5) Detailees.--On a request by the Director of National 
        Intelligence, the departments and agencies represented on the 
        Information Sharing Council shall detail to the program 
        manager, on a reimbursable basis, appropriate personnel 
        identified under paragraph (2)(H).
  (f) Performance Management Reports.--
          (1) In general.--Not later than June 30 each year, the 
        President shall submit to Congress a report on the state of the 
        ISE and of information sharing across the Federal Government.
          (2) Content.--Each report under this subsection shall 
        include--
                  (A) a progress report on the extent to which the ISE 
                has been implemented, including how the ISE has fared 
                on the performance measures and whether the performance 
                goals set in the preceding year have been met;
                  (B) objective system-wide performance goals for the 
                following year;
                  (C) an accounting of how much was spent on the ISE in 
                the preceding year;
                  (D) actions taken to ensure that procurement of and 
                investments in systems and technology are consistent 
                with the implementation plan for the ISE;
                  (E) the extent to which all terrorism watch lists are 
                available for combined searching in real time through 
                the ISE and whether there are consistent standards for 
                placing individuals on, and removing individuals from, 
                the watch lists, including the availability of 
                processes for correcting errors;
                  (F) the extent to which State, tribal, and local 
                officials are participating in the ISE;
                  (G) the extent to which private-sector data, 
                including information from owners and operators of 
                critical infrastructure, is incorporated in the ISE, 
                and the extent to which individuals and entities 
                outside the government are receiving information 
                through the ISE;
                  (H) the measures taken by the Federal government to 
                ensure the accuracy of information in the ISE, in 
                particular the accuracy of information about 
                individuals;
                  (I) an assessment of the privacy and civil liberties 
                protections of the ISE, including actions taken in the 
                preceding year to implement or enforce privacy and 
                civil liberties protections; and
                  (J) an assessment of the security protections used in 
                the ISE.
  (g) Agency Responsibilities.--The head of each department or agency 
that possesses or uses intelligence or terrorism information, operates 
a system in the ISE, or otherwise participates (or expects to 
participate) in the ISE shall--
          (1) ensure full department or agency compliance with 
        information sharing policies, procedures, guidelines, rules, 
        and standards established under subsections (b) and (f);
          (2) ensure the provision of adequate resources for systems 
        and activities supporting operation of and participation in the 
        ISE;
          (3) ensure full department or agency cooperation in the 
        development of the ISE to implement government-wide information 
        sharing; and
          (4) submit, at the request of the President or the program 
        manager, reports on the implementation of the requirements of 
        the ISE within the department or agency.
  (h) Additional Positions.--The program manager may hire not more than 
40 full-time employees to assist the program manager in--
          (1) activities associated with the implementation of the 
        information sharing environment, including
                  (A) implementing the requirements under subsection 
                (b)(2); and
                  (B) any additional implementation initiatives to 
                enhance and expedite the creation of the information 
                sharing environment; and
          (2) identifying and resolving information sharing disputes 
        between Federal departments, agencies, and components under 
        subsection (d)(2)(A)(iv).
Sec. 11709. Prevention of international child abduction
  (a) Program Established.--The Secretary, through the Commissioner of 
U.S. Customs and Border Protection, in coordination with the Secretary 
of State, the Attorney General, and the Director of the Federal Bureau 
of Investigation, shall establish a program that--
          (1) seeks to prevent a child (as defined in section 
        1204(b)(1) of title 18) from departing from the territory of 
        the United States if a parent or legal guardian of the child 
        presents a court order from a court of competent jurisdiction 
        prohibiting the removal of the child from the United States to 
        a U.S. Customs and Border Protection Officer in sufficient time 
        to prevent the departure for the duration of the court order; 
        and
          (2) leverages other existing authorities and processes to 
        address the wrongful removal and return of a child.
  (b) Interagency Coordination.--
          (1) In general.--The Secretary of State shall convene and 
        chair an interagency working group to prevent international 
        parental child abduction. The group shall be composed of 
        presidentially appointed, Senate confirmed officials from--
                  (A) the Department of State;
                  (B) the Department of Homeland Security, including 
                U.S. Customs and Border Protection and U.S. Immigration 
                and Customs Enforcement; and
                  (C) the Department of Justice, including the Federal 
                Bureau of Investigation.
          (2) Department of defense.--The Secretary of Defense shall 
        designate an official in the Department of Defense--
                  (A) to coordinate with the Department of State on 
                international child abduction issues; and
                  (B) to oversee activities designed to prevent or 
                resolve international child abduction cases relating to 
                active duty military service members.
Sec. 11710. Limitation of liability
  A person who has completed a security awareness training course 
approved by or operated under a cooperative agreement with the 
Department, who is enrolled in a program recognized or acknowledged by 
an Information Sharing and Analysis Center and who reports a situation, 
activity or incident pursuant to that program to an appropriate 
authority, shall not be liable for damages in an action brought in a 
Federal or State court which result from an act or omission unless the 
person is guilty of gross negligence or willful misconduct.

                 Chapter 119--Homeland Security Council

Sec.
11901.  Establishment.
11902.  Membership.
11903.  Functions and activities.
11904.  Staff.
11905.  Joint meetings with National Security Council.
Sec. 11901. Establishment
  There is in the Executive Office of the President the Homeland 
Security Council to advise the President on homeland security matters.
Sec. 11902. Membership
  (a) Members.--The members of the Homeland Security Council are the 
following:
          (1) The President.
          (2) The Vice President.
          (3) The Secretary.
          (4) The Attorney General.
          (5) The Secretary of Defense.
          (6) Other individuals who may be designated by the President.
  (b) Attendance of Chairman of Joint Chiefs of Staff at Meetings.--The 
Chairman of the Joint Chiefs of Staff (or, in the absence of the 
Chairman, the Vice Chairman of the Joint Chiefs of Staff) may, in the 
role of the Chairman of the Joint Chiefs of Staff as principal military 
adviser to the Homeland Security Council and subject to the direction 
of the President, attend and participate in meetings of the Council.
Sec. 11903. Functions and activities
  To effectively coordinate the policies and functions of the United 
States Government relating to homeland security, the Homeland Security 
Council shall--
          (1) assess the objectives, commitments, and risks of the 
        United States in the interest of homeland security and make 
        resulting recommendations to the President;
          (2) oversee and review homeland security policies of the 
        Federal Government and make resulting recommendations to the 
        President; and
          (3) perform other functions that the President may direct.
Sec. 11904. Staff
  (a) Headed by Executive Secretary.--The Homeland Security Council has 
a staff, the head of which is a civilian Executive Secretary appointed 
by the President.
  (b) Pay of Executive Secretary.--The President shall fix the pay of 
the Executive Secretary at a rate not to exceed the rate of pay payable 
to the Executive Secretary of the National Security Council.
Sec. 11905. Joint meetings with National Security Council
  The President may convene joint meetings of the Homeland Security 
Council and the National Security Council with participation by members 
of either Council or as the President may otherwise direct.

                 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.
Sec. 12101. Definition; rule of construction
  (a) Definition.--In this chapter, the terms ``interoperable 
communications'' and ``interoperable emergency communications'' have 
the meaning given the term ``interoperable communications'' under 
section 10712(a) of this title.
  (b) Rule of Construction.-- Nothing in this chapter or in sections 
10713 or 10714 of this title shall be construed to transfer to the 
Office of Emergency Communications any function, personnel, asset, 
component, authority, grant program, or liability of the Federal 
Emergency Management Agency as constituted on June 1, 2006.
Sec. 12102. Responsibilities of Director for Emergency Communications
  (a) In General.--The Director for Emergency Communications shall--
          (1) assist the Secretary in developing and implementing the 
        program described in section 10712(b)(1) of this title, except 
        as provided in section 10713 of this title;
          (2) administer the Department's responsibilities and 
        authorities relating to the SAFECOM Program, excluding elements 
        related to research, development, testing, and evaluation and 
        standards;
          (3) administer the Department's responsibilities and 
        authorities relating to the Integrated Wireless Network 
        program;
          (4) conduct extensive, nationwide outreach to support and 
        promote the ability of emergency response providers and 
        relevant government officials to continue to communicate in the 
        event of natural disasters, acts of terrorism, and other man-
        made disasters;
          (5) conduct extensive, nationwide outreach and foster the 
        development of interoperable emergency communications 
        capabilities by State, regional, local, and tribal governments 
        and public safety agencies, and by regional consortia thereof;
          (6) provide technical assistance to State, regional, local, 
        and tribal government officials with respect to use of 
        interoperable emergency communications capabilities;
          (7) coordinate with the Regional Administrators regarding the 
        activities of Regional Emergency Communications Coordination 
        Working Groups under section 12106 of this title;
          (8) promote the development of standard operating procedures 
        and best practices with respect to use of interoperable 
        emergency communications capabilities for incident response, 
        and facilitate the sharing of information on best practices for 
        achieving, maintaining, and enhancing interoperable emergency 
        communications capabilities for response;
          (9) coordinate, in cooperation with the National 
        Communications System, the establishment of a national response 
        capability with initial and ongoing planning, implementation, 
        and training for the deployment of communications equipment for 
        relevant State, local, and tribal governments and emergency 
        response providers in the event of a catastrophic loss of local 
        and regional emergency communications services;
          (10) assist the President, the National Security Council, the 
        Homeland Security Council, and the Director of the Office of 
        Management and Budget in ensuring the continued operation of 
        the telecommunications functions and responsibilities of the 
        Federal Government, excluding spectrum management;
          (11) establish, in coordination with the Director of the 
        Office for Interoperability and Compatibility, requirements for 
        interoperable emergency communications capabilities, which 
        shall be nonproprietary where standards for the capabilities 
        exist, for all public safety radio and data communications 
        systems and equipment purchased using homeland security 
        assistance administered by the Department, excluding any alert 
        and warning device, technology, or system;
          (12) review, in consultation with the Assistant Secretary for 
        Grants and Training, all interoperable emergency communications 
        plans of Federal, State, local, and tribal governments, 
        including Statewide and tactical interoperability plans, 
        developed pursuant to homeland security assistance administered 
        by the Department, but excluding spectrum allocation and 
        management related to the plans;
          (13) develop and update periodically, as appropriate, a 
        National Emergency Communications Plan under section 12103 of 
        this title;
          (14) perform other duties of the Department necessary to 
        support and promote the ability of emergency response providers 
        and relevant government officials to continue to communicate in 
        the event of natural disasters, acts of terrorism, and other 
        man-made disasters; and
          (15) perform other duties of the Department necessary to 
        achieve the goal of, and maintain and enhance, interoperable 
        emergency communications capabilities.
  (b) Performance of Previously Transferred Functions.--The Secretary 
shall administer through the Director for Emergency Communications the 
following programs and responsibilities:
          (1) The SAFECOM Program, excluding elements related to 
        research, development, testing, and evaluation and standards.
          (2) The responsibilities of the Chief Information Officer 
        related to the implementation of the Integrated Wireless 
        Network.
          (3) The Interoperable Communications Technical Assistance 
        Program.
  (c) Coordination.--The Director for Emergency Communications shall 
coordinate--
          (1) as appropriate, with the Director of the Office for 
        Interoperability and Compatibility with respect to the 
        responsibilities described in section 10713 of this title; and
          (2) with the Administrator of the Federal Emergency 
        Management Agency with respect to the responsibilities 
        described in this chapter.
Sec. 12103. National Emergency Communications Plan
  (a) In General.--The Secretary, acting through the Director for 
Emergency Communications, and in cooperation with the National 
Communications System Office of the Department (as appropriate), shall, 
in cooperation with State, local, and tribal governments, Federal 
departments and agencies, emergency response providers, and the private 
sector, develop, and periodically update, a National Emergency 
Communications Plan to provide recommendations regarding how the United 
States should--
          (1) support and promote the ability of emergency response 
        providers and relevant government officials to continue to 
        communicate in the event of natural disasters, acts of 
        terrorism, and other man-made disasters; and
          (2) ensure, accelerate, and attain interoperable emergency 
        communications nationwide.
  (b) Coordination.--The Emergency Communications Preparedness Center 
under section 12107 of this title shall coordinate the development of 
the Federal aspects of the National Emergency Communications Plan.
  (c) Contents.--The National Emergency Communications Plan shall--
          (1) include recommendations developed in consultation with 
        the Federal Communications Commission and the National 
        Institute of Standards and Technology for a process for 
        expediting national voluntary consensus standards for emergency 
        communications equipment for the purchase and use by public 
        safety agencies of interoperable emergency communications 
        equipment and technologies;
          (2) identify the appropriate capabilities necessary for 
        emergency response providers and relevant government officials 
        to continue to communicate in the event of natural disasters, 
        acts of terrorism, and other man-made disasters;
          (3) identify the appropriate interoperable emergency 
        communications capabilities necessary for Federal, State, 
        local, and tribal governments in the event of natural 
        disasters, acts of terrorism, and other man-made disasters;
          (4) recommend both short-term and long-term solutions for 
        ensuring that emergency response providers and relevant 
        government officials can continue to communicate in the event 
        of natural disasters, acts of terrorism, and other man-made 
        disasters;
          (5) recommend both short-term and long-term solutions for 
        deploying interoperable emergency communications systems for 
        Federal, State, local, and tribal governments throughout the 
        Nation, including through the provision of existing and 
        emerging technologies;
          (6) identify how Federal departments and agencies that 
        respond to natural disasters, acts of terrorism, and other man-
        made disasters can work effectively with State, local, and 
        tribal governments, in all States, and with other entities;
          (7) identify obstacles to deploying interoperable emergency 
        communications capabilities nationwide and recommend short-term 
        and long-term measures to overcome those obstacles, including 
        recommendations for multijurisdictional coordination among 
        Federal, State, local, and tribal governments;
          (8) recommend goals and timeframes for the deployment of 
        emergency, command-level communications systems based on new 
        and existing equipment across the United States and develop a 
        timetable for the deployment of interoperable emergency 
        communications systems nationwide;
          (9) recommend appropriate measures that emergency response 
        providers should employ to ensure the continued operation of 
        relevant governmental communications infrastructure in the 
        event of natural disasters, acts of terrorism, or other man-
        made disasters; and
          (10) set a date, including interim benchmarks, as 
        appropriate, by which State, local, and tribal governments, 
        Federal departments and agencies, and emergency response 
        providers expect to achieve a baseline level of national 
        interoperable communications, as that term is defined under 
        section 10712(a) of this title.
Sec. 12104. Assessments and reports
  (a) Baseline Assessment.--The Secretary, acting through the Director 
for Emergency Communications, shall conduct an assessment of Federal, 
State, local, and tribal governments every 5 years, that--
          (1) defines the range of capabilities needed by emergency 
        response providers and relevant government officials to 
        continue to communicate in the event of natural disasters, acts 
        of terrorism, and other man-made disasters;
          (2) defines the range of interoperable emergency 
        communications capabilities needed for specific events;
          (3) assesses the currently available capabilities to meet the 
        communications needs;
          (4) identifies the gap between current capabilities and 
        defined requirements; and
          (5) includes a national interoperable emergency 
        communications inventory to be completed by the Secretary, the 
        Secretary of Commerce, and the Chairman of the Federal 
        Communications Commission that--
                  (A) identifies for each Federal department and 
                agency--
                          (i) the channels and frequencies used;
                          (ii) the nomenclature used to refer to each 
                        channel or frequency used; and
                          (iii) the types of communications systems and 
                        equipment used; and
                  (B) identifies the interoperable emergency 
                communications systems in use by public safety agencies 
                in the United States.
  (b) Classified Annex.--The baseline assessment under this section may 
include a classified annex, including information provided under 
subsection (a)(5)(A).
  (c) Savings Clause.--In conducting the baseline assessment under this 
section, the Secretary may incorporate findings from assessments 
conducted before, or ongoing on, October 4, 2006.
  (d) Progress Reports.--The Secretary, acting through the Director for 
Emergency Communications, shall submit to Congress every 2 years a 
report on the progress of the Department in achieving the goals of, and 
carrying out its responsibilities under, this chapter, including--
          (1) a description of the findings of the most recent baseline 
        assessment conducted under subsection (a);
          (2) a determination of the degree to which interoperable 
        emergency communications capabilities have been attained to 
        date and the gaps that remain for interoperability to be 
        achieved;
          (3) an evaluation of the ability to continue to communicate 
        and to provide and maintain interoperable emergency 
        communications by emergency managers, emergency response 
        providers, and relevant government officials in the event of--
                  (A) natural disasters, acts of terrorism, or other 
                man-made disasters, including Incidents of National 
                Significance declared by the Secretary under the 
                National Response Plan; and
                  (B) a catastrophic loss of local and regional 
                communications services;
          (4) a list of best practices relating to the ability to 
        continue to communicate and to provide and maintain 
        interoperable emergency communications in the event of natural 
        disasters, acts of terrorism, or other man-made disasters; and
          (5) an evaluation of the feasibility and desirability of the 
        Department developing, on its own or in conjunction with the 
        Department of Defense, a mobile communications capability, 
        modeled on the Army Signal Corps, that could be deployed to 
        support emergency communications at the site of natural 
        disasters, acts of terrorism, or other man-made disasters.
Sec. 12105. Coordination of Department emergency communications grant 
                    programs
  (a) Coordination of Grants and Standards Programs.--The Secretary, 
acting through the Director for Emergency Communications, shall ensure 
that grant guidelines for the use of homeland security assistance 
administered by the Department relating to interoperable emergency 
communications are coordinated and consistent with the goals and 
recommendations in the National Emergency Communications Plan under 
section 12103 of this title.
  (b) Denial of Eligibility for Grants.--
          (1) In general.--The Secretary, acting through the Assistant 
        Secretary for Grants and Planning, and in consultation with the 
        Director for Emergency Communications, may prohibit any State, 
        local, or tribal government from using homeland security 
        assistance administered by the Department to achieve, maintain, 
        or enhance emergency communications capabilities, if--
                  (A) the government has not complied with the 
                requirement to submit a Statewide Interoperable 
                Communications Plan as required by section 10712(e) of 
                this title;
                  (B) the government has proposed to upgrade or 
                purchase new equipment or systems that do not meet or 
                exceed any applicable national voluntary consensus 
                standards and has not provided a reasonable explanation 
                of why the equipment or systems will serve the needs of 
                the applicant better than equipment or systems that 
                meet or exceed the standards; and
                  (C) as of the date that is 3 years after the date of 
                the completion of the initial National Emergency 
                Communications Plan under section 12103 of this title, 
                national voluntary consensus standards for 
                interoperable emergency communications capabilities 
                have not been developed and promulgated.
          (2) Standards.--The Secretary, in coordination with the 
        Federal Communications Commission, the National Institute of 
        Standards and Technology, and other Federal departments and 
        agencies responsible for standards, shall support the 
        development, promulgation, and updating as necessary of 
        national voluntary consensus standards for interoperable 
        emergency communications.
Sec. 12106. Regional Emergency Communications Coordination
  (a) In General.--There is in each Regional Office a Regional 
Emergency Communications Coordination Working Group (in this section 
referred to as an ``RECC Working Group''). Each RECC Working Group 
shall report to the relevant Regional Administrator and coordinate its 
activities with the relevant Regional Advisory Council.
  (b) Membership.--Each RECC Working Group consists of the following:
          (1) Organizations representing the interests of the 
        following:
                  (A) State officials.
                  (B) Local government officials, including sheriffs.
                  (C) State police departments.
                  (D) Local police departments.
                  (E) Local fire departments.
                  (F) Public safety answering points (9-1-1 services).
                  (G) State emergency managers, homeland security 
                directors, or representatives of State Administrative 
                Agencies.
                  (H) Local emergency managers or homeland security 
                directors.
                  (I) Other emergency response providers as 
                appropriate.
          (2) Representatives from the Department, the Federal 
        Communications Commission, and other Federal departments and 
        agencies with responsibility for coordinating interoperable 
        emergency communications with, or providing emergency support 
        services to, State, local, and tribal governments.
  (c) Coordination.--Each RECC Working Group shall coordinate its 
activities with the following:
          (1) Communications equipment manufacturers and vendors 
        (including broadband data service providers).
          (2) Local exchange carriers.
          (3) Local broadcast media.
          (4) Wireless carriers.
          (5) Satellite communications services.
          (6) Cable operators.
          (7) Hospitals.
          (8) Public utility services.
          (9) Emergency evacuation transit services.
          (10) Ambulance services.
          (11) HAM and amateur radio operators.
          (12) Representatives from other private-sector entities and 
        nongovernmental organizations as the Regional Administrator 
        determines appropriate.
  (d) Duties.--The duties of each RECC Working Group include--
          (1) assessing the survivability, sustainability, and 
        interoperability of local emergency communications systems to 
        meet the goals of the National Emergency Communications Plan;
          (2) reporting annually to the relevant Regional 
        Administrator, the Director for Emergency Communications, the 
        Chairman of the Federal Communications Commission, and the 
        Assistant Secretary for Communications and Information of the 
        Department of Commerce on the status of its region in building 
        robust and sustainable interoperable voice and data emergency 
        communications networks and, not later than 60 days after the 
        completion of the initial National Emergency Communications 
        Plan under section 12103 of this title, on the progress of the 
        region in meeting the goals of the plan;
          (3) ensuring a process for the coordination of effective 
        multijurisdictional, multi-agency emergency communications 
        networks for use during natural disasters, acts of terrorism, 
        and other man-made disasters through the expanded use of 
        emergency management and public safety communications mutual 
        aid agreements; and
          (4) coordinating the establishment of Federal, State, local, 
        and tribal support services and networks designed to address 
        the immediate and critical human needs in responding to natural 
        disasters, acts of terrorism, and other man-made disasters.
Sec. 12107. Emergency Communications Preparedness Center
  (a) Establishment.--There is the Emergency Communications 
Preparedness Center.
  (b) Operation.--The Secretary, the Chairman of the Federal 
Communications Commission, the Secretary of Defense, the Secretary of 
Commerce, the Attorney General, and the heads of other Federal 
departments and agencies or their designees shall jointly operate the 
Emergency Communications Preparedness Center in accordance with the 
Memorandum of Understanding entitled, ``Emergency Communications 
Preparedness Center (ECPC) Charter''.
  (c) Functions.--The Emergency Communications Preparedness Center 
shall--
          (1) serve as the focal point for interagency efforts and as a 
        clearinghouse with respect to all relevant intergovernmental 
        information to support and promote (including specifically by 
        working to avoid duplication, hindrances, and counteractive 
        efforts among the participating Federal departments and 
        agencies)--
                  (A) the ability of emergency response providers and 
                relevant government officials to continue to 
                communicate in the event of natural disasters, acts of 
                terrorism, and other man-made disasters; and
                  (B) interoperable emergency communications;
          (2) prepare and submit to Congress annually a strategic 
        assessment regarding the coordination efforts of Federal 
        departments and agencies to advance--
                  (A) the ability of emergency response providers and 
                relevant government officials to continue to 
                communicate in the event of natural disasters, acts of 
                terrorism, and other man-made disasters; and
                  (B) interoperable emergency communications;
          (3) consider, in preparing the strategic assessment under 
        paragraph (2), the goals stated in the National Emergency 
        Communications Plan under section 12103 of this title; and
          (4) perform other functions provided in the ECPC Charter 
        described in subsection (b).
Sec. 12108. Urban and other high risk area communications capabilities
  (a) In General.--The Secretary, in consultation with the Chairman of 
the Federal Communications Commission and the Secretary of Defense, and 
with appropriate State, local, and tribal government officials, shall 
provide technical guidance, training, and other assistance, as 
appropriate, to support the rapid establishment of consistent, secure, 
and effective interoperable emergency communications capabilities in 
the event of an emergency in urban and other areas determined by the 
Secretary to be at consistently high levels of risk from natural 
disasters, acts of terrorism, and other man-made disasters.
  (b) Minimum Capabilities.--The interoperable emergency communications 
capabilities established under subsection (a) shall ensure the ability 
of all levels of government, emergency response providers, the private 
sector, and other organizations with emergency response capabilities--
          (1) to communicate with each other in the event of an 
        emergency;
          (2) to have appropriate and timely access to the information 
        sharing environment described in section 11708 of this title; 
        and
          (3) to be consistent with any applicable State or Urban Area 
        homeland strategy or plan.
Sec. 12109. Interoperable Emergency Communications Grant Program
  (a) Establishment.--The Secretary shall establish the Interoperable 
Emergency Communications Grant Program to make grants to States to 
carry out initiatives to improve local, tribal, statewide, regional, 
national and, where appropriate, international interoperable emergency 
communications, including communications in collective response to 
natural disasters, acts of terrorism, and other man-made disasters.
  (b) Policy.--The Director for Emergency Communications shall ensure 
that a grant awarded to a State under this section is consistent with 
the policies established pursuant to the responsibilities and 
authorities of the Office of Emergency Communications under this 
chapter, including ensuring that activities funded by the grant--
          (1) comply with the statewide plan for that State required by 
        section 10712(e) of this title; and
          (2) comply with the National Emergency Communications Plan 
        under section 12103 of this title, when completed.
  (c) Administration.--
          (1) In general.--The Administrator of the Federal Emergency 
        Management Agency shall administer the Interoperable Emergency 
        Communications Grant Program pursuant to the responsibilities 
        and authorities of the Administrator under chapter 111 of this 
        title.
          (2) Guidance.--In administering the grant program, the 
        Administrator shall ensure that the use of grants is consistent 
        with guidance established by the Director of Emergency 
        Communications under section 10712(b)(1)(H) of this title.
  (d) Use of Funds.--A State that receives a grant under this section 
shall use the grant to implement that State's Statewide Interoperable 
Communications Plan required under section 10712(e) of this title and 
approved under subsection (e) of this section, and to assist with 
activities determined by the Secretary to be integral to interoperable 
emergency communications.
  (e) Approval of Plans.--
          (1) Approval as condition of grant.--Before a State may 
        receive a grant under this section, the Director of Emergency 
        Communications shall approve the State's Statewide 
        Interoperable Communications Plan required under section 
        10712(e) of this title.
          (2) Plan requirements.--In approving a plan under this 
        subsection, the Director of Emergency Communications shall 
        ensure that the plan--
                  (A) is designed to improve interoperability at the 
                city, county, regional, State, and interstate level;
                  (B) considers any applicable local or regional plan; 
                and
                  (C) complies, to the maximum extent practicable, with 
                the National Emergency Communications Plan under 
                section 12103 of this title.
          (3) Approval of revisions.--The Director of Emergency 
        Communications may approve revisions to a State's plan if the 
        Director determines that doing so is likely to further 
        interoperability.
  (f) Limitations on Uses of Funds.--
          (1) In general.--The recipient of a grant under this section 
        may not use the grant--
                  (A) to supplant State or local funds;
                  (B) for any State or local government cost-sharing 
                contribution; or
                  (C) for recreational or social purposes.
          (2) Penalties.--In addition to other remedies currently 
        available, the Secretary may take necessary actions to ensure 
        that recipients of grant funds are using the funds for the 
        purpose for which they were intended.
  (g) Limitations on Award of Grants.--
          (1) National emergency communications plan required.--The 
        Secretary may not award a grant under this section before the 
        date on which the Secretary completes and submits to Congress 
        the National Emergency Communications Plan required under 
        section 12103 of this title.
          (2) Voluntary consensus standards.--The Secretary may not 
        award a grant to a State under this section for the purchase of 
        equipment that does not meet applicable voluntary consensus 
        standards, unless the State demonstrates that there are 
        compelling reasons for the purchase.
  (h) Award of Grants.--In approving applications and awarding grants 
under this section, the Secretary shall consider--
          (1) the risk posed to each State by natural disasters, acts 
        of terrorism, or other man-made disasters, including--
                  (A) the likely need of a jurisdiction within the 
                State to respond to the risk in nearby jurisdictions;
                  (B) the degree of threat, vulnerability, and 
                consequences related to critical infrastructure (from 
                all critical infrastructure sectors) or key resources 
                identified by the Administrator or the State homeland 
                security and emergency management plans, including 
                threats to, vulnerabilities of, and consequences from 
                damage to critical infrastructure and key resources in 
                nearby jurisdictions;
                  (C) the size of the population and density of the 
                population of the State, including appropriate 
                consideration of military, tourist, and commuter 
                populations;
                  (D) whether the State is on or near an international 
                border;
                  (E) whether the State encompasses an economically 
                significant border crossing; and
                  (F) whether the State has a coastline bordering an 
                ocean, a major waterway used for interstate commerce, 
                or international waters; and
          (2) the anticipated effectiveness of the State's proposed use 
        of grant funds to improve interoperability.
  (i) Opportunity to Amend Applications.--In considering applications 
for grants under this section, the Administrator shall provide 
applicants with a reasonable opportunity to correct defects in the 
application, if any, before making final awards.
  (j) Minimum Grant Amounts.--
          (1) States.--In awarding grants under this section, the 
        Secretary shall ensure that for each fiscal year, except as 
        provided in paragraph (2), no State receives a grant in an 
        amount that is less than 0.35 percent of the total amount 
        appropriated for grants under this section for that fiscal 
        year.
          (2) Territories.--In awarding grants under this section, the 
        Secretary shall ensure that for each fiscal year, American 
        Samoa, the Northern Mariana Islands, Guam, and the Virgin 
        Islands each receive grants in amounts that are not less than 
        0.08 percent of the total amount appropriated for grants under 
        this section for that fiscal year.
  (k) Certification.--Each State that receives a grant under this 
section shall certify that the grant is used for the purpose for which 
the funds were intended and in compliance with the State's approved 
Statewide Interoperable Communications Plan.
  (l) State Responsibilities.--
          (1) Availability of funds to local and tribal governments.--
        Not later than 45 days after receiving grant funds, a State 
        that receives a grant under this section shall obligate or 
        otherwise make available to local and tribal governments--
                  (A) not less than 80 percent of the grant funds;
                  (B) with the consent of local and tribal governments, 
                eligible expenditures having a value of not less than 
                80 percent of the amount of the grant; or
                  (C) grant funds combined with other eligible 
                expenditures having a total value of not less than 80 
                percent of the amount of the grant.
          (2) Allocation of funds.--A State that receives a grant under 
        this section shall allocate grant funds to tribal governments 
        in the State to assist tribal communities in improving 
        interoperable communications, in a manner consistent with the 
        Statewide Interoperable Communications Plan. A State may not 
        impose unreasonable or unduly burdensome requirements on a 
        tribal government as a condition of providing grant funds or 
        resources to the tribal government.
          (3) Penalties.--If a State violates the requirements of this 
        subsection, in addition to other remedies available to the 
        Secretary, the Secretary may terminate or reduce the amount of 
        the grant awarded to that State or transfer grant funds 
        previously awarded to the State directly to the appropriate 
        local or tribal government.
  (m) Reports.--
          (1) Annual reports by state grant recipients.--A State that 
        receives a grant under this section shall annually submit to 
        the Director of Emergency Communications a report on the 
        progress of the State in implementing that State's Statewide 
        Interoperable Communications Plan required under section 
        10712(e) of this title and achieving interoperability at the 
        city, county, regional, State, and interstate levels. The 
        Director shall make the reports publicly available, including 
        by making them available on the Internet website of the Office 
        of Emergency Communications, subject to any redactions that the 
        Director determines are necessary to protect classified or 
        other sensitive information.
          (2) Annual reports to congress.--At least once each year, the 
        Director of Emergency Communications shall submit to Congress a 
        report on the use of grants awarded under this section and any 
        progress in implementing Statewide Interoperable Communications 
        Plans and improving interoperability at the city, county, 
        regional, State, and interstate level, as a result of the award 
        of the grants.
  (n) Rule of Construction.--Nothing in this section shall be construed 
or interpreted to preclude a State from using a grant awarded under 
this section for interim or long-term Internet Protocol-based 
interoperable solutions.
  (o) Authorization of Appropriations.--There are authorized to be 
appropriated for grants under this section such sums as may be 
necessary.

             Chapter 123--Domestic Nuclear Detection 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.
Sec. 12301. Mission
  (a) Definitions.--In this section:
          (1) Alaska native-serving institution.--The term ``Alaska 
        Native-serving institution'' has the meaning given the term in 
        section 317 of the Higher Education Act of 1965 (20 U.S.C. 
        1059d).
          (2) Asian american and native american pacific islander-
        serving institution.--The term ``Asian American and Native 
        American Pacific Islander-serving institution'' has the meaning 
        given the term in section 320 of the Higher Education Act of 
        1965 (20 U.S.C. 1059g).
          (3) Hispanic-serving institution.--The term ``Hispanic-
        serving institution'' has the meaning given the term in section 
        502 of the Higher Education Act of 1965 (20 U.S.C. 1101a).
          (4) Historically black college or university.--The term 
        ``historically Black college or university'' has the meaning 
        given the term ``part B institution'' in section 322(2) of the 
        Higher Education Act of 1965 (20 U.S.C. 1061(2)).
          (5) Native hawaiian-serving institution.--The term ``Native 
        Hawaiian-serving institution'' has the meaning given the term 
        in section 317 of the Higher Education Act of 1965 (20 U.S.C. 
        1059d).
          (6) Tribal college or university.--The term ``Tribal College 
        or University'' has the meaning given the term in section 
        316(b) of the Higher Education Act of 1965 (20 U.S.C. 
        1059c(b)).
  (b) Mission.--The Domestic Nuclear Detection Office is responsible 
for coordinating Federal efforts to detect and protect against the 
unauthorized importation, possession, storage, transportation, 
development, or use of a nuclear explosive device, fissile material, or 
radiological material in the United States, and to protect against 
attack using such devices or materials against the people, territory, 
or interests of the United States and, to this end, shall--
          (1) serve as the primary entity of the United States 
        Government to further develop, acquire, and support the 
        deployment of an enhanced domestic system to detect and report 
        on attempts to import, possess, store, transport, develop, or 
        use an unauthorized nuclear explosive device, fissile material, 
        or radiological material in the United States, and improve that 
        system over time;
          (2) enhance and coordinate the nuclear detection efforts of 
        Federal, State, local, and tribal governments and the private 
        sector to ensure a managed, coordinated response;
          (3) establish, with the approval of the Secretary and in 
        coordination with the Attorney General, the Secretary of 
        Defense, and the Secretary of Energy, additional protocols and 
        procedures for use within the United States to ensure that the 
        detection of unauthorized nuclear explosive devices, fissile 
        material, or radiological material is promptly reported to the 
        Attorney General, the Secretary, the Secretary of Defense, the 
        Secretary of Energy, and other appropriate officials or their 
        respective designees for appropriate action by law enforcement, 
        military, emergency response, or other authorities;
          (4) develop, with the approval of the Secretary and in 
        coordination with the Attorney General, the Secretary of State, 
        the Secretary of Defense, and the Secretary of Energy, an 
        enhanced global nuclear detection architecture with 
        implementation under which--
                  (A) the Domestic Nuclear Detection Office will be 
                responsible for the implementation of the domestic 
                portion of the global architecture;
                  (B) the Secretary of Defense will retain 
                responsibility for implementation of Department of 
                Defense requirements within and outside the United 
                States; and
                  (C) the Secretary of State, the Secretary of Defense, 
                and the Secretary of Energy will maintain their 
                respective responsibilities for policy guidance and 
                implementation of the portion of the global 
                architecture outside the United States, which will be 
                implemented consistent with applicable law and relevant 
                international arrangements;
          (5) ensure that the expertise necessary to accurately 
        interpret detection data is made available in a timely manner 
        for all technology deployed by the Domestic Nuclear Detection 
        Office to implement the global nuclear detection architecture;
          (6) conduct, support, coordinate, and encourage an 
        aggressive, expedited, evolutionary, and transformational 
        program of research and development to generate and improve 
        technologies to detect and prevent the illicit entry, 
        transport, assembly, or potential use within the United States 
        of a nuclear explosive device or fissile or radiological 
        material, and coordinate with the Under Secretary for Science 
        and Technology on basic and advanced or transformational 
        research and development efforts relevant to the mission of 
        both organizations;
          (7) carry out a program to test and evaluate technology for 
        detecting a nuclear explosive device and fissile or 
        radiological material, in coordination with the Secretary of 
        Defense and the Secretary of Energy, as appropriate, and 
        establish performance metrics for evaluating the effectiveness 
        of individual detectors and detection systems in detecting such 
        devices or material--
                  (A) under realistic operational and environmental 
                conditions; and
                  (B) against realistic adversary tactics and 
                countermeasures;
          (8) support and enhance the effective sharing and use of 
        appropriate information generated by the intelligence 
        community, law enforcement agencies, counterterrorism 
        community, other government agencies, and foreign governments, 
        as well as provide appropriate information to the entities;
          (9) further enhance and maintain continuous awareness by 
        analyzing information from all Domestic Nuclear Detection 
        Office mission-related detection systems;
          (10) lead the development and implementation of the national 
        strategic five-year plan for improving the nuclear forensic and 
        attribution capabilities of the United States required under 
        section 1036 of the National Defense Authorization Act for 
        Fiscal Year 2010 (Public Law 111-84, 123 Stat. 2450);
          (11) establish in the Domestic Nuclear Detection Office the 
        National Technical Nuclear Forensics Center to provide 
        centralized stewardship, planning, assessment, gap analysis, 
        exercises, improvement, and integration for all Federal nuclear 
        forensics and attribution activities--
                  (A) to ensure an enduring national technical nuclear 
                forensics capability to strengthen the collective 
                response of the United States to nuclear terrorism or 
                other nuclear attacks; and
                  (B) to coordinate and implement the national 
                strategic five-year plan referred to in paragraph (10);
          (12) establish a National Nuclear Forensics Expertise 
        Development Program, which--
                  (A) is devoted to developing and maintaining a 
                vibrant and enduring academic pathway from 
                undergraduate to post-doctorate study in nuclear and 
                geochemical science specialties directly relevant to 
                technical nuclear forensics, including radiochemistry, 
                geochemistry, nuclear physics, nuclear engineering, 
                materials science, and analytical chemistry;
                  (B) shall--
                          (i) make available for undergraduate study, 
                        student scholarships, with a duration of up to 
                        4 years per student, that shall include, if 
                        possible, at least one summer internship at a 
                        national laboratory or appropriate Federal 
                        agency in the field of technical nuclear 
                        forensics during the course of the student's 
                        undergraduate career;
                          (ii) make available for doctoral study, 
                        student fellowships, with a duration of up to 5 
                        years per student, which shall--
                                  (I) include, if possible, at least 
                                two summer internships at a national 
                                laboratory or appropriate Federal 
                                agency in the field of technical 
                                nuclear forensics during the course of 
                                the student's graduate career; and
                                  (II) require each recipient to commit 
                                to serve for 2 years in a post-doctoral 
                                position in a technical nuclear 
                                forensics-related specialty at a 
                                national laboratory or appropriate 
                                Federal agency after graduation;
                          (iii) make available to faculty, awards, with 
                        a duration of 3 to 5 years each, to ensure 
                        faculty and their graduate students have a 
                        sustained funding stream; and
                          (iv) place a particular emphasis on 
                        reinvigorating technical nuclear forensics 
                        programs while encouraging the participation of 
                        undergraduate students, graduate students, and 
                        university faculty from historically Black 
                        colleges and universities, Hispanic-serving 
                        institutions, Tribal Colleges and Universities, 
                        Asian American and Native American Pacific 
                        Islander-serving institutions, Alaska Native-
                        serving institutions, and Native Hawaiian-
                        serving institutions; and
                  (C) shall--
                          (i) provide for the selection of individuals 
                        to receive scholarships or fellowships under 
                        this section through a competitive process 
                        primarily on the basis of academic merit and 
                        the nuclear forensics and attribution needs of 
                        the United States Government;
                          (ii) provide for the setting aside of up to 
                        10 percent of the scholarships or fellowships 
                        awarded under this section for individuals who 
                        are Federal employees to enhance the education 
                        of the employees in areas of critical nuclear 
                        forensics and attribution needs of the United 
                        States Government, for doctoral education under 
                        the scholarship on a full-time or part-time 
                        basis;
                          (iii) provide that the Secretary may enter 
                        into a contractual agreement with an 
                        institution of higher education under which the 
                        amounts provided for a scholarship under this 
                        section for tuition, fees, and other authorized 
                        expenses are paid directly to the institution 
                        with respect to which the scholarship is 
                        awarded;
                          (iv) require scholarship recipients to 
                        maintain satisfactory academic progress; and
                          (v) require that--
                                  (I) a scholarship recipient who fails 
                                to maintain a high level of academic 
                                standing, as defined by the Secretary, 
                                who is dismissed for disciplinary 
                                reasons from the educational 
                                institution the recipient is attending, 
                                or who voluntarily terminates academic 
                                training before graduation from the 
                                educational program for which the 
                                scholarship was awarded is liable to 
                                the United States for repayment within 
                                1 year after the date of default of all 
                                scholarship funds paid to the recipient 
                                and to the institution of higher 
                                education on the behalf of the 
                                recipient, provided that the repayment 
                                period may be extended by the Secretary 
                                if the Secretary determines it 
                                necessary, as established by 
                                regulation; and
                                  (II) a scholarship recipient who, for 
                                any reason except death or disability, 
                                fails to begin or complete the post-
                                doctoral service requirements in a 
                                technical nuclear forensics-related 
                                specialty at a national laboratory or 
                                appropriate Federal agency after 
                                completion of academic training is 
                                liable to the United States for an 
                                amount equal to--
                                          (aa) the total amount of the 
                                        scholarship received by the 
                                        recipient under this section; 
                                        and
                                          (bb) the interest on the 
                                        amounts which would be payable 
                                        if at the time the scholarship 
                                        was received the scholarship 
                                        was a loan bearing interest at 
                                        the maximum legally prevailing 
                                        rate;
          (13) provide an annual report to Congress on the activities 
        carried out under paragraphs (10), (11), and (12); and
          (14) perform other duties assigned by the Secretary.
Sec. 12302. Technology research and development investment strategy for 
                    nuclear and radiological detection
  (a) In General.--The Secretary, the Secretary of Energy, the 
Secretary of Defense, and the Director of National Intelligence shall 
submit to Congress a research and development investment strategy for 
nuclear and radiological detection.
  (b) Contents.--The strategy under subsection (a) shall include--
          (1) a long term technology roadmap for nuclear and 
        radiological detection applicable to the mission needs of the 
        Department, the Department of Energy, the Department of 
        Defense, and the Office of the Director of National 
        Intelligence;
          (2) budget requirements necessary to meet the roadmap; and
          (3) documentation of how the Department, the Department of 
        Energy, the Department of Defense, and the Office of the 
        Director of National Intelligence will execute this strategy.
  (c) Annual Report.--The Director for Domestic Nuclear Detection and 
the Under Secretary for Science and Technology jointly and annually 
shall notify Congress that the strategy and technology road map for 
nuclear and radiological detection developed under subsections (a) and 
(b) is consistent with the national policy and strategic plan for 
identifying priorities, goals, objectives, and policies for 
coordinating the Federal Government's civilian efforts to identify and 
develop countermeasures to terrorist threats from weapons of mass 
destruction that are required under section 10701(2) of this title.
Sec. 12303. Testing authority
  (a) In General.--The Secretary, acting through the Director for 
Domestic Nuclear Detection, shall coordinate with the responsible 
Federal agency or other entity to facilitate the use by the Domestic 
Nuclear Detection Office, by its contractors, or by other persons or 
entities, of existing Government laboratories, centers, ranges, or 
other testing facilities for the testing of materials, equipment, 
models, computer software, and other items as may be related to the 
missions identified in section 12301 of this title. Use of Government 
facilities shall be carried out in accordance with all applicable laws, 
regulations, and contractual provisions, including those governing 
security, safety, and environmental protection, including, when 
applicable, the provisions of section 10708 of this title. The Domestic 
Nuclear Detection Office may direct that private-sector entities 
utilizing Government facilities under this section pay an appropriate 
fee to the agency that owns or operates those facilities to defray 
additional costs to the Government resulting from private-sector use.
  (b) Confidentiality of Test Results.--The results of tests performed 
with services made available shall be confidential and shall not be 
disclosed outside the Federal Government without the consent of the 
persons for whom the tests are performed.
  (c) Fees.--Fees for services made available under this section shall 
not exceed the amount necessary to recoup the direct and indirect costs 
involved, such as direct costs of utilities, contractor support, and 
salaries of personnel that are incurred by the United States to provide 
for the testing.
  (d) Use of Fees.--Fees received for services made available under 
this section may be credited to the appropriation from which funds were 
expended to provide the services.
Sec. 12304. Personnel
  (a) Hiring.--In hiring personnel for the Domestic Nuclear Detection 
Office, the Secretary has the hiring and management authorities 
provided in section 1101 of the Strom Thurmond National Defense 
Authorization Act for Fiscal Year 1999 (Public Law 105-261, 5 U.S.C. 
3104 note). The term of appointments for employees under subsection 
(c)(1) of that section may not exceed 5 years before granting any 
extension under subsection (c)(2) of that section.
  (b) Detail.--The Secretary may request that the Secretary of Defense, 
the Secretary of Energy, the Secretary of State, the Attorney General, 
the Nuclear Regulatory Commission, and the directors of other Federal 
agencies, including elements of the Intelligence Community, provide for 
the reimbursable detail of personnel with relevant expertise to the 
Domestic Nuclear Detection Office.
Sec. 12305. Relationship to other Department entities and Federal 
                    agencies
  The authority of the Secretary exercised by the Director for Domestic 
Nuclear Detection under this chapter shall not affect the authorities 
or responsibilities of any officer of the Department or of any officer 
of any other department or agency of the United States with respect to 
the command, control, or direction of the functions, personnel, funds, 
assets, and liabilities of any entity in the Department or of any 
Federal department or agency.
Sec. 12306. Contracting and grant making authorities
  The Secretary, acting through the Director for Domestic Nuclear 
Detection, in carrying out the responsibilities under paragraphs (6) 
and (7) of subsection (b) of section 12301 of this title shall--
          (1) operate extramural and intramural programs and distribute 
        funds through grants, cooperative agreements, and other 
        transactions and contracts;
          (2) ensure that activities under paragraphs (6) and (7) of 
        subsection (b) of section 12301 of this title include 
        investigations of radiation detection equipment in 
        configurations suitable for deployment at seaports, which may 
        include underwater or water surface detection equipment and 
        detection equipment that can be mounted on cranes and straddle 
        cars used to move shipping containers; and
          (3) have the authority to establish or contract with one or 
        more federally funded research and development centers to 
        provide independent analysis of homeland security issues and 
        carry out other responsibilities under this chapter.
Sec. 12307. Joint annual interagency review of global nuclear detection 
                    architecture
  (a) Definition of Global Nuclear Detection Architecture.--In this 
section, the term ``global nuclear detection architecture'' means the 
global nuclear detection architecture developed under section 12301 of 
this title.
  (b) Annual review.--
          (1) In general.--The Secretary, the Attorney General, the 
        Secretary of State, the Secretary of Defense, the Secretary of 
        Energy, and the Director of National Intelligence shall jointly 
        ensure interagency coordination on the development and 
        implementation of the global nuclear detection architecture by 
        ensuring that, not less frequently than once each year--
                  (A) each relevant agency, office, or entity--
                          (i) assesses its involvement, support, and 
                        participation in the development, revision, and 
                        implementation of the global nuclear detection 
                        architecture; and
                          (ii) examines and evaluates components of the 
                        global nuclear detection architecture 
                        (including associated strategies and 
                        acquisition plans) relating to the operations 
                        of that agency, office, or entity, to determine 
                        whether the components incorporate and address 
                        current threat assessments, scenarios, or 
                        intelligence analyses developed by the Director 
                        of National Intelligence or other agencies 
                        regarding threats relating to nuclear or 
                        radiological weapons of mass destruction;
                  (B) each agency, office, or entity deploying or 
                operating any nuclear or radiological detection 
                technology under the global nuclear detection 
                architecture--
                          (i) evaluates the deployment and operation by 
                        that agency, office, or entity of nuclear or 
                        radiological detection technologies under the 
                        global nuclear detection architecture;
                          (ii) identifies performance deficiencies and 
                        operational or technical deficiencies in 
                        nuclear or radiological detection technologies 
                        deployed under the global nuclear detection 
                        architecture; and
                          (iii) assesses the capacity of that agency, 
                        office, or entity to implement the 
                        responsibilities of that agency, office, or 
                        entity under the global nuclear detection 
                        architecture; and
                  (C) the Director of the Domestic Nuclear Detection 
                Office and each of the relevant departments that are 
                partners in the National Technical Forensics Center--
                          (i) include, as part of the assessments, 
                        evaluations, and reviews required under this 
                        paragraph, each office's or department's 
                        activities and investments in support of 
                        nuclear forensics and attribution activities 
                        and specific goals and objectives accomplished 
                        during the previous year pursuant to the 
                        national strategic five-year plan for improving 
                        the nuclear forensic and attribution 
                        capabilities of the United States required 
                        under section 1036 of the National Defense 
                        Authorization Act for Fiscal Year 2010 (Public 
                        Law 111-84, 123 Stat. 2450);
                          (ii) attach, as an appendix to the Joint 
                        Interagency Annual Review, the most current 
                        version of the strategy and plan; and
                          (iii) include a description of new or amended 
                        bilateral and multilateral agreements and 
                        efforts in support of nuclear forensics and 
                        attribution activities accomplished during the 
                        previous year.
          (2) Technology.--Not less frequently than once each year, the 
        Secretary shall examine and evaluate the development, 
        assessment, and acquisition of radiation detection technologies 
        deployed or implemented in support of the domestic portion of 
        the global nuclear detection architecture.
  (c) Annual Report on Joint Interagency Review.--
          (1) In general.--Not later than March 31 of each year, the 
        Secretary, the Attorney General, the Secretary of State, the 
        Secretary of Defense, the Secretary of Energy, and the Director 
        of National Intelligence, shall jointly submit a report 
        regarding the implementation of this section and the results of 
        the reviews required under subsection (a) to--
                  (A) the President;
                  (B) the Committee on Appropriations, the Committee on 
                Armed Services, the Select Committee on Intelligence, 
                and the Committee on Homeland Security and Governmental 
                Affairs of the Senate; and
                  (C) the Committee on Appropriations, the Committee on 
                Armed Services, the Permanent Select Committee on 
                Intelligence, the Committee on Homeland Security, and 
                the Committee on Science and Technology of the House of 
                Representatives.
          (2) Form.--The annual report submitted under paragraph (1) 
        shall be submitted in unclassified form to the maximum extent 
        practicable, but may include a classified annex.

                 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.
12510.  Accountability.
12511.  Identification of reporting redundancies and development of 
          performance metrics.
Sec. 12501. Definitions
  In this chapter:
          (1) Administrator.--The term ``Administrator'' means the 
        Administrator of the Federal Emergency Management Agency.
          (2) Appropriate committees of congress.--The term 
        ``appropriate committees of Congress'' means--
                  (A) the Committee on Homeland Security and 
                Governmental Affairs of the Senate; and
                  (B) those committees of the House of Representatives 
                that the Speaker of the House of Representatives 
                determines appropriate.
          (3) Critical infrastructure sectors.--The term ``critical 
        infrastructure sectors'' means the following sectors, in both 
        urban and rural areas:
                  (A) Agriculture and food.
                  (B) Banking and finance.
                  (C) Chemical industries.
                  (D) Commercial facilities.
                  (E) Commercial nuclear reactors, materials, and 
                waste.
                  (F) Dams.
                  (G) The defense industrial base.
                  (H) Emergency services.
                  (I) Energy.
                  (J) Government facilities.
                  (K) Information technology.
                  (L) National monuments and icons.
                  (M) Postal and shipping.
                  (N) Public health and health care.
                  (O) Telecommunications.
                  (P) Transportation systems.
                  (Q) Water.
          (4) Directly eligible tribe.--The term ``directly eligible 
        tribe'' means--
                  (A) an Indian tribe--
                          (i) that is located in the continental United 
                        States;
                          (ii) that operates a law enforcement or 
                        emergency response agency with the capacity to 
                        respond to calls for law enforcement or 
                        emergency services;
                          (iii) that--
                                  (I) is located on or near an 
                                international border or a coastline 
                                bordering an ocean (including the Gulf 
                                of Mexico) or international waters;
                                  (II) is located within 10 miles of a 
                                system or asset included on the 
                                prioritized critical infrastructure 
                                list established under section 
                                10516(a)(2) of this title or has such a 
                                system or asset within its territory;
                                  (III) is located within or contiguous 
                                to one of the 50 most populous 
                                metropolitan statistical areas in the 
                                United States; or
                                  (IV) has jurisdiction over not less 
                                than 1,000 square miles of Indian 
                                country, as that term is defined in 
                                section 1151 of title 18; and
                          (iv) that certifies to the Secretary that a 
                        State has not provided funds under section 
                        12503 or 12504 of this title to the Indian 
                        tribe or consortium of Indian tribes for the 
                        purpose for which direct funding is sought; and
                  (B) a consortium of Indian tribes, if each tribe 
                satisfies the requirements of subparagraph (A).
          (5) Eligible metropolitan area.--The term ``eligible 
        metropolitan area'' means any of the 100 most populous 
        metropolitan statistical areas in the United States.
          (6) High-risk urban area.--The term ``high-risk urban area'' 
        means a high-risk urban area designated under section 
        12503(b)(3)(A) of this title.
          (7) Indian tribe.--The term ``Indian tribe'' has the meaning 
        given the term in section 4(e) of the Indian Self-Determination 
        and Education Assistance Act (25 U.S.C. 450b(e)).
          (8) Metropolitan statistical area.--The term ``metropolitan 
        statistical area'' means a metropolitan statistical area, as 
        defined by the Office of Management and Budget.
          (9) National special security event.--The term ``National 
        Special Security Event'' means a designated event that, by 
        virtue of its political, economic, social, or religious 
        significance, may be the target of terrorism or other criminal 
        activity.
          (10) Population.--The term ``population'' means population 
        according to the most recent United States census population 
        estimates available at the start of the relevant fiscal year.
          (11) Population density.--The term ``population density'' 
        means population divided by land area in square miles.
          (12) Qualified intelligence analyst.--The term ``qualified 
        intelligence analyst'' means an intelligence analyst (as that 
        term is defined in section 10512(a) of this title), including 
        law enforcement personnel--
                  (A) who has successfully completed training to ensure 
                baseline proficiency in intelligence analysis and 
                production, as determined by the Secretary, which may 
                include training using a curriculum developed under 
                section 10510 of this title; or
                  (B) whose experience ensures baseline proficiency in 
                intelligence analysis and production equivalent to the 
                training required under subparagraph (A), as determined 
                by the Secretary.
          (13) Target capabilities.--The term ``target capabilities'' 
        means the target capabilities for Federal, State, local, and 
        tribal government preparedness for which guidelines are 
        required to be established under section 20506 of this title.
          (14) Tribal government.--The term ``tribal government'' means 
        the government of an Indian tribe.
Sec. 12502. Homeland security grant programs
  (a) Grants Authorized.--The Secretary, acting through the 
Administrator, may award grants under sections 12503 and 12504 of this 
title to State, local, and tribal governments.
  (b) Programs Not Affected.--This chapter shall not be construed to 
affect any of the following Federal programs:
          (1) Firefighter and other assistance programs authorized 
        under the Federal Fire Prevention and Control Act of 1974 (15 
        U.S.C. 2201 et seq.).
          (2) Grants authorized under the Robert T. Stafford Disaster 
        Relief and Emergency Assistance Act (42 U.S.C. 5121 et seq.).
          (3) Emergency Management Performance Grants under the 
        amendments made by title II of the Implementing Recommendations 
        of the 9/11 Commission Act of 2007 (Public Law 110-53, 121 
        Stat. 294).
          (4) Grants to protect critical infrastructure, including port 
        security grants authorized under section 70107 of title 46, and 
        grants authorized under titles XIV and XV of the Implementing 
        Recommendations of the 9/11 Commission Act of 2007 (Public Law 
        110-53, 121 Stat. 400, 422) and the amendments made by those 
        titles.
          (5) The Metropolitan Medical Response System authorized under 
        section 20304 of this title.
          (6) The Interoperable Emergency Communications Grant Program 
        authorized under section 12109 of this title.
          (7) Grant programs other than those administered by the 
        Department.
  (c) Relationship to Other Laws.--
          (1) In General.--The grant programs authorized under sections 
        12503 and 12504 of this title supersede all grant programs 
        authorized under section 1014 of the USA PATRIOT Act (42 U.S.C. 
        3714).
          (2) Allocation.--The allocation of grants authorized under 
        sections 12503 and 12504 of this title is governed by the terms 
        of this chapter and not by any other provision of law.
Sec. 12503. Urban Area Security Initiative
  (a) Establishment.--There is in the Department the Urban Area 
Security Initiative to provide grants to assist high-risk urban areas 
in preventing, preparing for, protecting against, and responding to 
acts of terrorism.
  (b) Assessment and Designation of High-Risk Urban Areas.--
          (1) In general.--The Secretary shall designate high-risk 
        urban areas to receive grants under this section based on 
        procedures under this subsection.
          (2) Initial assessment.--
                  (A) In general.--For each fiscal year, the Secretary 
                shall conduct an initial assessment of the relative 
                threat, vulnerability, and consequences from acts of 
                terrorism faced by each eligible metropolitan area, 
                including consideration of--
                          (i) the factors set forth in subparagraphs 
                        (A) through (H) and (K) of section 12507(a)(1) 
                        of this title; and
                          (ii) information and materials submitted 
                        under subparagraph (B).
                  (B) Submission of information by eligible 
                metropolitan areas.--Prior to conducting each initial 
                assessment under subparagraph (A), the Secretary shall 
                provide each eligible metropolitan area with, and shall 
                notify each eligible metropolitan area of, the 
                opportunity to--
                          (i) submit information that the eligible 
                        metropolitan area believes to be relevant to 
                        the determination of the threat, vulnerability, 
                        and consequences it faces from acts of 
                        terrorism; and
                          (ii) review the risk assessment conducted by 
                        the Department of that eligible metropolitan 
                        area, including the bases for the assessment by 
                        the Department of the threat, vulnerability, 
                        and consequences from acts of terrorism faced 
                        by that eligible metropolitan area, and remedy 
                        erroneous or incomplete information.
          (3) Designation of high-risk urban areas.--
                  (A) In general.--
                          (i) Designation.--For each fiscal year, after 
                        conducting the initial assessment under 
                        paragraph (2), and based on that assessment, 
                        the Secretary shall designate high-risk urban 
                        areas that may submit applications for grants 
                        under this section.
                          (ii) Exceptions.--Notwithstanding paragraph 
                        (2), the Secretary may--
                                  (I) in any case where an eligible 
                                metropolitan area consists of more than 
                                one metropolitan division (as that term 
                                is defined by the Office of Management 
                                and Budget) designate more than one 
                                high-risk urban area within a single 
                                eligible metropolitan area; and
                                  (II) designate an area that is not an 
                                eligible metropolitan area as a high-
                                risk urban area based on the assessment 
                                by the Secretary of the relative 
                                threat, vulnerability, and consequences 
                                from acts of terrorism faced by the 
                                area.
                          (iii) Secretary not required to designate all 
                        eligible areas as high-risk urban areas.--
                        Nothing in this subsection may be construed to 
                        require the Secretary to--
                                  (I) designate all eligible 
                                metropolitan areas that submit 
                                information to the Secretary under 
                                paragraph (2)(B)(i) as high-risk urban 
                                areas; or
                                  (II) designate all areas within an 
                                eligible metropolitan area as part of 
                                the high-risk urban area.
                  (B) Jurisdictions included in high-risk urban 
                areas.--
                          (i) By secretary.--In designating high-risk 
                        urban areas under subparagraph (A), the 
                        Secretary shall determine which jurisdictions, 
                        at a minimum, shall be included in each high-
                        risk urban area.
                          (ii) By high-risk urban area.--A high-risk 
                        urban area designated by the Secretary may, in 
                        consultation with the State or States in which 
                        the high-risk urban area is located, add 
                        additional jurisdictions to the high-risk urban 
                        area.
  (c) Application.--
          (1) In general.--An area designated as a high-risk urban area 
        under subsection (b) may apply for a grant under this section.
          (2) Minimum contents of application.--In an application for a 
        grant under this section, a high-risk urban area shall submit--
                  (A) a plan describing the proposed division of 
                responsibilities and distribution of funding among the 
                local and tribal governments in the high-risk urban 
                area;
                  (B) the name of an individual to serve as a high-risk 
                urban area liaison with the Department and among the 
                various jurisdictions in the high-risk urban area; and
                  (C) information in support of the application the 
                Secretary may reasonably require.
          (3) Annual applications.--Applicants for grants under this 
        section shall apply or reapply on an annual basis.
          (4) State review and transmission.--
                  (A) In general.--To ensure consistency with State 
                homeland security plans, a high-risk urban area 
                applying for a grant under this section shall submit 
                its application to each State within which any part of 
                that high-risk urban area is located for review before 
                submission of the application to the Department.
                  (B) Deadline.--Not later than 30 days after receiving 
                an application from a high-risk urban area under 
                subparagraph (A), a State shall transmit the 
                application to the Department.
                  (C) Opportunity for state comment.--If the Governor 
                of a State determines that an application of a high-
                risk urban area is inconsistent with the State homeland 
                security plan of that State, or otherwise does not 
                support the application, the Governor shall--
                          (i) notify the Secretary, in writing, of that 
                        fact; and
                          (ii) provide an explanation of the reason for 
                        not supporting the application at the time of 
                        transmission of the application.
          (5) Opportunity to amend.--In considering applications for 
        grants under this section, the Secretary shall provide 
        applicants with a reasonable opportunity to correct defects in 
        the application, if any, before making final awards.
  (d) Distribution of Awards.--
          (1) In general.--If the Secretary approves the application of 
        a high-risk urban area for a grant under this section, the 
        Secretary shall distribute the grant funds to the State or 
        States in which that high-risk urban area is located.
          (2) State distribution of funds.--
                  (A) In general.--Not later than 45 days after the 
                date that a State receives grant funds under paragraph 
                (1), that State shall provide the high-risk urban area 
                awarded that grant not less than 80 percent of the 
                grant funds. Any funds retained by a State shall be 
                expended on items, services, or activities that benefit 
                the high-risk urban area.
                  (B) Funds retained.--A State shall provide each 
                relevant high-risk urban area with an accounting of the 
                items, services, or activities on which any funds 
                retained by the State under subparagraph (A) were 
                expended.
          (3) Interstate urban areas.--If parts of a high-risk urban 
        area awarded a grant under this section are located in 2 or 
        more States, the Secretary shall distribute to each State--
                  (A) a portion of the grant funds in accordance with 
                the proposed distribution set forth in the application; 
                or
                  (B) if no agreement on distribution has been reached, 
                a portion of the grant funds determined by the 
                Secretary to be appropriate.
          (4) Certifications regarding distribution of grant funds to 
        high-risk urban areas.--A State that receives grant funds under 
        paragraph (1) shall certify to the Secretary that the State has 
        made available to the applicable high-risk urban area the 
        required funds under paragraph (2).
  (e) Authorization of Appropriations.--There are authorized to be 
appropriated for grants under this section such sums as may be 
necessary.
Sec. 12504. State Homeland Security Grant Program
  (a) Establishment.--There is in the Department a State Homeland 
Security Grant Program to assist State, local, and tribal governments 
in preventing, preparing for, protecting against, and responding to 
acts of terrorism.
  (b) Application.--
          (1) In general.--Each State may apply for a grant under this 
        section, and shall submit information in support of the 
        application that the Secretary may reasonably require.
          (2) Minimum contents of application.--The Secretary shall 
        require that each State include in its application, at a 
        minimum--
                  (A) the purpose for which the State seeks grant funds 
                and the reasons why the State needs the grant to meet 
                the target capabilities of that State;
                  (B) a description of how the State plans to allocate 
                the grant funds to local governments and Indian tribes; 
                and
                  (C) a budget showing how the State intends to expend 
                the grant funds.
          (3) Annual applications.--Applicants for grants under this 
        section shall apply or reapply on an annual basis.
  (c) Distribution to Local and Tribal Governments.--
          (1) In general.--Not later than 45 days after receiving grant 
        funds, any State receiving a grant under this section shall 
        make available to local and tribal governments, consistent with 
        the applicable State homeland security plan--
                  (A) not less than 80 percent of the grant funds;
                  (B) with the consent of local and tribal governments, 
                items, services, or activities having a value of not 
                less than 80 percent of the amount of the grant; or
                  (C) with the consent of local and tribal governments, 
                grant funds combined with other items, services, or 
                activities having a total value of not less than 80 
                percent of the amount of the grant.
          (2) Certifications regarding distribution of grant funds to 
        local governments.--A State shall certify to the Secretary that 
        the State has made the distribution to local and tribal 
        governments required under paragraph (1).
          (3) Extension of period.--The Governor of a State may request 
        in writing that the Secretary extend the period under paragraph 
        (1) for an additional period of time. The Secretary may approve 
        a request if the Secretary determines that the resulting delay 
        in providing grant funding to the local and tribal governments 
        is necessary to promote effective investments to prevent, 
        prepare for, protect against, or respond to acts of terrorism.
          (4) Exception.--Paragraph (1) does not apply to the District 
        of Columbia, Puerto Rico, American Samoa, the Northern Mariana 
        Islands, Guam, or the Virgin Islands.
          (5) Direct funding.--If a State fails to make the 
        distribution to local or tribal governments required under 
        paragraph (1) in a timely fashion, a local or tribal government 
        entitled to receive the distribution may petition the Secretary 
        to request that grant funds be provided directly to the local 
        or tribal government.
  (d) Multistate applications.--
          (1) In general.--Instead of, or in addition to, any 
        application for a grant under subsection (b), 2 or more States 
        may submit an application for a grant under this section in 
        support of multistate efforts to prevent, prepare for, protect 
        against, and respond to acts of terrorism.
          (2) Administration of grant.--If a group of States applies 
        for a grant under this section, the States shall submit to the 
        Secretary at the time of application a plan describing--
                  (A) the division of responsibilities for 
                administering the grant; and
                  (B) the distribution of funding among the States that 
                are parties to the application.
  (e) Minimum Allocation.--
          (1) In general.--In allocating funds under this section, the 
        Secretary shall ensure that--
                  (A) except as provided in subparagraph (B), each 
                State receives for each fiscal year, from the funds 
                appropriated for the State Homeland Security Grant 
                Program established under this section, not less than 
                0.35 percent of the total funds appropriated for grants 
                under this section and section 12503 of this title; and
                  (B) for each fiscal year, American Samoa, the 
                Northern Mariana Islands, Guam, and the Virgin Islands 
                each receive, from the funds appropriated for the State 
                Homeland Security Grant Program established under this 
                section, not less than an amount equal to 0.08 percent 
                of the total funds appropriated for grants under this 
                section and section 12503 of this title.
          (2) Effect of multistate award on state minimum.--Any portion 
        of a multistate award provided to a State under subsection (d) 
        shall be considered in calculating the minimum State allocation 
        under this subsection.
  (f) Authorization of Appropriations.--There are authorized to be 
appropriated for grants under this section such sums as may be 
necessary.
Sec. 12505. Grants to directly eligible tribes
  (a) In General.--Notwithstanding section 12504(b) of this title, the 
Secretary, acting through the Administrator, may award grants to 
directly eligible tribes under section 12504.
  (b) Tribal Applications.--A directly eligible tribe may apply for a 
grant under section 12504 of this title by submitting an application to 
the Secretary that includes, as appropriate, the information required 
for an application by a State under section 12504(b).
  (c) Consistency with State Plans.--
          (1) In general.--To ensure consistency with any applicable 
        State homeland security plan, a directly eligible tribe 
        applying for a grant under section 12504 of this title shall 
        provide a copy of its application to each State within which 
        any part of the tribe is located for review before the tribe 
        submits the application to the Department.
          (2) Opportunity for comment.--If the Governor of a State 
        determines that the application of a directly eligible tribe is 
        inconsistent with the State homeland security plan of that 
        State, or otherwise does not support the application, not later 
        than 30 days after the date of receipt of that application the 
        Governor shall--
                  (A) notify the Secretary, in writing, of that fact; 
                and
                  (B) provide an explanation of the reason for not 
                supporting the application.
  (d) Final Authority.--The Secretary shall have final authority to 
approve any application of a directly eligible tribe. The Secretary 
shall notify each State within the boundaries of which any part of a 
directly eligible tribe is located of the approval of an application by 
the tribe.
  (e) Prioritization.--The Secretary shall allocate funds to directly 
eligible tribes in accordance with the factors applicable to allocating 
funds among States under section 12507 of this title.
  (f) Distribution of Awards to Directly Eligible Tribes.--If the 
Secretary awards funds to a directly eligible tribe under this section, 
the Secretary shall distribute the grant funds directly to the tribe 
and not through any State.
  (g) Minimum Allocation.--
          (1) In general.--In allocating funds under this section, the 
        Secretary shall ensure that, for each fiscal year, directly 
        eligible tribes collectively receive, from the funds 
        appropriated for the State Homeland Security Grant Program 
        established under section 12504 of this title, not less than an 
        amount equal to 0.1 percent of the total funds appropriated for 
        grants under sections 12503 and 12504 of this title.
          (2) Exception.--This subsection shall not apply in any fiscal 
        year in which the Secretary--
                  (A) receives fewer than 5 applications under this 
                section; or
                  (B) does not approve at least 2 applications under 
                this section.
  (h) Tribal Liaison.--A directly eligible tribe applying for a grant 
under section 12504 of this title shall designate an individual to 
serve as a tribal liaison with the Department and other Federal, State, 
local, and regional government officials concerning preventing, 
preparing for, protecting against, and responding to acts of terrorism.
  (i) Eligibility for Other Funds.--A directly eligible tribe that 
receives a grant under section 12504 of this title may receive funds 
for other purposes under a grant from the State or States within the 
boundaries of which any part of the tribe is located and from any high-
risk urban area of which it is a part, consistent with the homeland 
security plan of the State or high-risk urban area.
  (j) State Obligations.--
          (1) In general.--States are responsible for allocating grant 
        funds received under section 12504 of this title to tribal 
        governments in order to help those tribal communities achieve 
        target capabilities not achieved through grants to directly 
        eligible tribes.
          (2) Distribution of grant funds.--With respect to a grant to 
        a State under section 12504, an Indian tribe shall be eligible 
        for funding directly from that State, and shall not be required 
        to seek funding from any local government.
          (3) Imposition of requirements.--A State may not impose 
        unreasonable or unduly burdensome requirements on an Indian 
        tribe as a condition of providing the Indian tribe with grant 
        funds or resources under section 12504 of this title.
  (k) Rule of Construction.--Nothing in this section shall be construed 
to affect the authority of an Indian tribe that receives funds under 
this chapter.
Sec. 12506. Terrorism prevention
  (a) Law Enforcement Terrorism Prevention Program.--
          (1) In general.--The Secretary, acting through the 
        Administrator, shall ensure that not less than 25 percent of 
        the total combined funds appropriated for grants under sections 
        12503 and 12504 of this title is used for law enforcement 
        terrorism prevention activities.
          (2) Law enforcement terrorism prevention activities.--Law 
        enforcement terrorism prevention activities include--
                  (A) information sharing and analysis;
                  (B) target hardening;
                  (C) threat recognition;
                  (D) terrorist interdiction;
                  (E) training exercises to enhance preparedness for 
                and response to mass casualty and active shooter 
                incidents and security events at public locations, 
                including airports and mass transit systems;
                  (F) overtime expenses consistent with a State 
                homeland security plan, including for the provision of 
                enhanced law enforcement operations in support of 
                Federal agencies, including for increased border 
                security and border crossing enforcement;
                  (G) establishing, enhancing, and staffing with 
                appropriately qualified personnel State, local, and 
                regional fusion centers that comply with the guidelines 
                established under section 10512(j) of this title;
                  (H) paying salaries and benefits for personnel, 
                including individuals employed by the grant recipient 
                on the date of the relevant grant application, to serve 
                as qualified intelligence analysts;
                  (I) any other activity permitted under the Fiscal 
                Year 2007 Program Guidance of the Department for the 
                Law Enforcement Terrorism Prevention Program; and
                  (J) any other terrorism prevention activity 
                authorized by the Secretary.
          (3) Participation of underrepresented communities in fusion 
        centers.--The Secretary shall ensure that grant funds described 
        in paragraph (1) are used to support the participation in 
        fusion centers, as appropriate, of law enforcement and other 
        emergency response providers from rural and other 
        underrepresented communities at risk from acts of terrorism.
  (b) Office for State and Local Law Enforcement.--
          (1) Establishment.--There is in the Policy Directorate of the 
        Department the Office for State and Local Law Enforcement.
          (2) Assistant secretary for state and local law 
        enforcement.-- The Assistant Secretary for State and Local Law 
        Enforcement--
                  (A) is the head of the Office for State and Local Law 
                Enforcement; and
                  (B) shall have an appropriate background with 
                experience in law enforcement, intelligence, and other 
                counterterrorism functions.
          (3) Assignment of personnel.--The Secretary shall assign to 
        the Office for State and Local Law Enforcement permanent staff 
        and, as appropriate and consistent with sections 10311(a), 
        10312(b)(2), and 11106(b)(2) of this title, other appropriate 
        personnel detailed from other components of the Department to 
        carry out the responsibilities under this subsection.
          (4) Responsibilities.--The Assistant Secretary for State and 
        Local Law Enforcement shall--
                  (A) lead the coordination of Department-wide policies 
                relating to the role of State and local law enforcement 
                in preventing, preparing for, protecting against, and 
                responding to natural disasters, acts of terrorism, and 
                other man-made disasters within the United States;
                  (B) serve as a liaison between State, local, and 
                tribal law enforcement agencies and the Department;
                  (C) coordinate with the Office of Intelligence and 
                Analysis to ensure the intelligence and information 
                sharing requirements of State, local, and tribal law 
                enforcement agencies are being addressed;
                  (D) work with the Secretary to ensure that law 
                enforcement and terrorism-focused grants to State, 
                local, and tribal government agencies, including grants 
                under sections 12503 and 12504 of this title, the 
                Commercial Equipment Direct Assistance Program, and 
                other grants administered by the Department to support 
                fusion centers and law enforcement-oriented programs, 
                are appropriately focused on terrorism prevention 
                activities;
                  (E) coordinate with the Directorate of Science and 
                Technology, the Federal Emergency Management Agency, 
                the Department of Justice, the National Institute of 
                Justice, law enforcement organizations, and other 
                appropriate entities to support the development, 
                promulgation, and updating, as necessary, of national 
                voluntary consensus standards for training and personal 
                protective equipment to be used in a tactical 
                environment by law enforcement officers; and
                  (F) conduct, jointly with the Secretary, a study to 
                determine the efficacy and feasibility of establishing 
                specialized law enforcement deployment teams to assist 
                State, local, and tribal governments in responding to 
                natural disasters, acts of terrorism, or other man-made 
                disasters and report on the results of that study to 
                the appropriate committees of Congress.
          (5) Rule of construction.--Nothing in this subsection shall 
        be construed to diminish, supersede, or replace the 
        responsibilities, authorities, or role of the Secretary.
Sec. 12507. Prioritization
  (a) In General.--In allocating funds among States and high-risk urban 
areas applying for grants under section 12503 or 12504 of this title, 
the Secretary, acting through the Administrator, shall consider, for 
each State or high-risk urban area--
          (1) its relative threat, vulnerability, and consequences from 
        acts of terrorism, including consideration of--
                  (A) its population, including appropriate 
                consideration of military, tourist, and commuter 
                populations;
                  (B) its population density;
                  (C) its history of threats, including whether it has 
                been the target of a prior act of terrorism;
                  (D) its degree of threat, vulnerability, and 
                consequences related to critical infrastructure (for 
                all critical infrastructure sectors) or key resources 
                identified by the Secretary or the State homeland 
                security plan, including threats, vulnerabilities, and 
                consequences related to critical infrastructure or key 
                resources in nearby jurisdictions;
                  (E) the most current threat assessments available to 
                the Department;
                  (F) whether the State has, or the high-risk urban 
                area is located at or near, an international border;
                  (G) whether it has a coastline bordering an ocean 
                (including the Gulf of Mexico) or international waters;
                  (H) its likely need to respond to acts of terrorism 
                occurring in nearby jurisdictions;
                  (I) the extent to which it has unmet target 
                capabilities;
                  (J) in the case of a high-risk urban area, the extent 
                to which that high-risk urban area includes--
                          (i) those incorporated municipalities, 
                        counties, parishes, and Indian tribes within 
                        the relevant eligible metropolitan area, the 
                        inclusion of which will enhance regional 
                        efforts to prevent, prepare for, protect 
                        against, and respond to acts of terrorism; and
                          (ii) other local and tribal governments in 
                        the surrounding area that are likely to be 
                        called upon to respond to acts of terrorism 
                        within the high-risk urban area; and
                  (K) such other factors as are specified in writing by 
                the Secretary; and
          (2) the anticipated effectiveness of the proposed use of the 
        grant by the State or high-risk urban area in increasing the 
        ability of that State or high-risk urban area to prevent, 
        prepare for, protect against, and respond to acts of terrorism, 
        to meet its target capabilities, and to otherwise reduce the 
        overall risk to the high-risk urban area, the State, or the 
        Nation.
  (b) Types of Threat.--In assessing threat under this section, the 
Secretary shall consider the following types of threat to critical 
infrastructure sectors and to populations in all areas of the United 
States, urban and rural:
          (1) Biological.
          (2) Chemical.
          (3) Cyber.
          (4) Explosives.
          (5) Incendiary.
          (6) Nuclear.
          (7) Radiological.
          (8) Suicide bombers.
          (9) Other types of threat determined relevant by the 
        Secretary.
Sec. 12508. Use of funds
  (a) Permitted Uses.--The Secretary, acting through the Administrator, 
shall permit the recipient of a grant under section 12503 or 12504 of 
this title to use grant funds to achieve target capabilities related to 
preventing, preparing for, protecting against, and responding to acts 
of terrorism, consistent with a State homeland security plan and 
relevant local, tribal, and regional homeland security plans, including 
by working in conjunction with a National Laboratory (as defined in 
section 2 of the Energy Policy Act of 2005 (42 U.S.C. 15801)), 
through--
          (1) developing and enhancing homeland security, emergency 
        management, or other relevant plans, assessments, or mutual aid 
        agreements;
          (2) designing, conducting, and evaluating training and 
        exercises, including training and exercises conducted under 
        section 11112 and 20508 of this title;
          (3) protecting a system or asset included on the prioritized 
        critical infrastructure list established under section 
        10516(a)(2) of this title;
          (4) purchasing, upgrading, storing, or maintaining equipment, 
        including computer hardware and software;
          (5) ensuring operability and achieving interoperability of 
        emergency communications;
          (6) responding to an increase in the threat level under the 
        Homeland Security Advisory System, or to the needs resulting 
        from a National Special Security Event;
          (7) establishing, enhancing, and staffing with appropriately 
        qualified personnel, State, local, and regional fusion centers 
        that comply with the guidelines established under section 
        10512(j) of this title;
          (8) enhancing school preparedness;
          (9) enhancing the security and preparedness of secure and 
        nonsecure areas of eligible airports and surface transportation 
        systems;
          (10) supporting public safety answering points;
          (11) paying salaries and benefits for personnel, including 
        individuals employed by the grant recipient on the date of the 
        relevant grant application, to serve as qualified intelligence 
        analysts, regardless of whether the analysts are current or new 
        full-time employees or contract employees;
          (12) paying expenses directly relating to administration of 
        the grant, except that expenses may not exceed 3 percent of the 
        amount of the grant;
          (13) any activity permitted under the Fiscal Year 2007 
        Program Guidance of the Department for the State Homeland 
        Security Grant Program, the Urban Area Security Initiative 
        (including activities permitted under the full-time 
        counterterrorism staffing pilot), or the Law Enforcement 
        Terrorism Prevention Program; and
          (14) any other appropriate activity, as determined by the 
        Secretary.
  (b) Limitations on Use of Funds.--
          (1) In general.--Funds provided under section 12503 or 12504 
        of this title may not be used--
                  (A) to supplant State or local funds, except that 
                nothing in this paragraph shall prohibit the use of 
                grant funds provided to a State or high-risk urban area 
                for otherwise permissible uses under subsection (a) on 
                the basis that a State or high-risk urban area has 
                previously used State or local funds to support the 
                same or similar uses; or
                  (B) for any State or local government cost-sharing 
                contribution.
          (2) Personnel.--
                  (A) In general.--Not more than 50 percent of the 
                amount awarded to a grant recipient under section 12503 
                or 12504 of this title in any fiscal year may be used 
                to pay for personnel, including overtime and backfill 
                costs, in support of the permitted uses under 
                subsection (a).
                  (B) Waiver.--At the request of the recipient of a 
                grant under section 12503 or 12504, the Secretary may 
                grant a waiver of the limitation under subparagraph 
                (A).
          (3) Limitations on discretion.--
                  (A) In general.--With respect to the use of amounts 
                awarded to a grant recipient under section 12503 or 
                12504 for personnel costs under paragraph (2) of this 
                subsection, the Secretary may not--
                          (i) impose a limit on the amount of the award 
                        that may be used to pay for personnel, or 
                        personnel-related, costs that is higher or 
                        lower than the percent limit imposed in 
                        paragraph (2)(A); or
                          (ii) impose any additional limitation on the 
                        portion of the funds of a recipient that may be 
                        used for a specific type, purpose, or category 
                        of personnel, or personnel-related, costs.
                  (B) Analysts.--If amounts awarded to a grant 
                recipient under section 12503 or 12504 of this title 
                are used for paying salary or benefits of a qualified 
                intelligence analyst under subsection (a)(10), the 
                Secretary shall make the amounts available without time 
                limitations placed on the period of time that the 
                analyst can serve under the grant.
          (4) Construction.--
                  (A) In general.--A grant awarded under section 12503 
                or 12504 of this title may not be used to acquire land 
                or to construct buildings or other physical facilities.
                  (B) Exceptions.--
                          (i) In general.--Notwithstanding subparagraph 
                        (A), nothing in this paragraph shall prohibit 
                        the use of a grant awarded under section 12503 
                        or 12504 of this title to achieve target 
                        capabilities related to preventing, preparing 
                        for, protecting against, or responding to acts 
                        of terrorism, including through the alteration 
                        or remodeling of existing buildings for the 
                        purpose of making the buildings secure against 
                        acts of terrorism.
                          (ii) Requirements for exception.--No grant 
                        awarded under section 12503 or 12504 of this 
                        title may be used for a purpose described in 
                        clause (i) unless--
                                  (I) specifically approved by the 
                                Secretary;
                                  (II) any construction work occurs 
                                under terms and conditions consistent 
                                with the requirements under section 
                                611(j)(9) of the Robert T. Stafford 
                                Disaster Relief and Emergency 
                                Assistance Act (42 U.S.C. 5196(j)(9)); 
                                and
                                  (III) the amount allocated for 
                                purposes under clause (i) does not 
                                exceed the greater of $1,000,000 or 15 
                                percent of the grant award.
          (5) Recreation.--Grants awarded under this chapter may not be 
        used for recreational or social purposes.
  (c) Multiple-Purpose Funds.--Nothing in this chapter shall be 
construed to prohibit State, local, or tribal governments from using 
grant funds under section 12503 or 12504 of this title in a manner that 
enhances preparedness for disasters unrelated to acts of terrorism, if 
the use assists the governments in achieving target capabilities 
related to preventing, preparing for, protecting against, or responding 
to acts of terrorism.
  (d) Reimbursement of Costs.--
          (1) Paid-on-call or volunteer reimbursement.--In addition to 
        the activities described in subsection (a), a grant under 
        section 12503 or 12504 of this title may be used to provide a 
        reasonable stipend to paid-on-call or volunteer emergency 
        response providers who are not otherwise compensated for travel 
        to, or participation in, training or exercises related to the 
        purposes of this chapter. Any reimbursement shall not be 
        considered compensation for purposes of rendering an emergency 
        response provider an employee under the Fair Labor Standards 
        Act of 1938 (29 U.S.C. 201 et seq.).
          (2) Performance of federal duty.--An applicant for a grant 
        under section 12503 or 12504 may petition the Secretary to use 
        the funds from its grants under those sections for the 
        reimbursement of the cost of any activity relating to 
        preventing, preparing for, protecting against, or responding to 
        acts of terrorism that is a Federal duty and usually performed 
        by a Federal agency, and that is being performed by a State or 
        local government under agreement with a Federal agency.
  (e) Flexibility in Unspent Homeland Security Grant Funds.--On request 
by the recipient of a grant under section 12503 or 12504 of this title, 
the Secretary may authorize the grant recipient to transfer all or part 
of the grant funds from uses specified in the grant agreement to other 
uses authorized under this section, if the Secretary determines that 
the transfer is in the interests of homeland security.
  (f) Equipment Standards.--If an applicant for a grant under section 
12503 or 12504 of this title proposes to upgrade or purchase, with 
assistance provided under that grant, new equipment or systems that do 
not meet or exceed any applicable national voluntary consensus 
standards developed under section 20507 of this title, the applicant 
shall include in its application an explanation of why the equipment or 
systems will serve the needs of the applicant better than equipment or 
systems that meet or exceed the standards.
Sec. 12509. Administration and coordination
  (a) Regional Coordination.--The Administrator shall ensure that--
          (1) all recipients of grants administered by the Department 
        to prevent, prepare for, protect against, or respond to natural 
        disasters, acts of terrorism, or other man-made disasters 
        (excluding assistance provided under section 203 or title IV or 
        V of the Robert T. Stafford Disaster Relief and Emergency 
        Assistance Act (42 U.S.C. 5133, 5170 et seq., 5191 et seq.)) 
        coordinate, as appropriate, their prevention, preparedness, and 
        protection efforts with neighboring State, local, and tribal 
        governments; and
          (2) all high-risk urban areas and other recipients of grants 
        administered by the Department to prevent, prepare for, protect 
        against, or respond to natural disasters, acts of terrorism, or 
        other man-made disasters (excluding assistance provided under 
        section 203 or title IV or V of the Robert T. Stafford Disaster 
        Relief and Emergency Assistance Act (42 U.S.C. 5133, 5170 et 
        seq., 5191 et seq.)) that include or substantially affect parts 
        or all of more than one State coordinate, as appropriate, 
        across State boundaries, including, where appropriate, through 
        the use of regional working groups and requirements for 
        regional plans.
  (b) Planning Committees.--
          (1) In general.--Any State or high-risk urban area receiving 
        a grant under section 12503 or 12504 of this title shall 
        establish a State planning committee or urban area working 
        group to assist in preparation and revision of the State, 
        regional, or local homeland security plan or the threat and 
        hazard identification and risk assessment and to assist in 
        determining effective funding priorities for grants under 
        sections 12503 and 12504.
          (2) Composition.--
                  (A) In general.--The State planning committees and 
                urban area working groups shall include at least 1 
                representative from each of the following significant 
                stakeholders:
                          (i) Local or tribal government officials.
                          (ii) Emergency response providers, which 
                        shall include representatives of the fire 
                        service, law enforcement, emergency medical 
                        services, and emergency managers.
                          (iii) Public health officials and other 
                        appropriate medical practitioners.
                          (iv) Individuals representing educational 
                        institutions, including elementary schools, 
                        community colleges, and other institutions of 
                        higher learning.
                          (v) State and regional interoperable 
                        communications coordinators, as appropriate.
                          (vi) State and major urban area fusion 
                        centers, as appropriate.
                  (B) Geographic representation.--The members of the 
                State planning committee or urban area working group 
                shall be a representative group of individuals from the 
                counties, cities, towns, and Indian tribes in the State 
                or high-risk urban area, including, as appropriate, 
                representatives of rural, high-population, and high-
                threat jurisdictions.
          (3) Existing planning committees.--Nothing in this subsection 
        may be construed to require that any State or high-risk urban 
        area create a State planning committee or urban area working 
        group if that State or high-risk urban area has established and 
        uses a multijurisdictional planning committee or commission 
        that meets the requirements of this subsection.
  (c) Interagency Coordination.--
          (1) In general.--The Secretary (acting through the 
        Administrator), the Attorney General, the Secretary of Health 
        and Human Services, and the heads of other agencies providing 
        assistance to State, local, and tribal governments for 
        preventing, preparing for, protecting against, and responding 
        to natural disasters, acts of terrorism, and other man-made 
        disasters, shall jointly--
                  (A) compile a comprehensive list of Federal grant 
                programs for State, local, and tribal governments for 
                preventing, preparing for, protecting against, and 
                responding to natural disasters, acts of terrorism, and 
                other man-made disasters;
                  (B) compile the planning, reporting, application, and 
                other requirements and guidance for the grant programs 
                described in subparagraph (A);
                  (C) develop recommendations, as appropriate, to--
                          (i) eliminate redundant and duplicative 
                        requirements for State, local, and tribal 
                        governments, including onerous application and 
                        ongoing reporting requirements;
                          (ii) ensure accountability of the programs to 
                        the intended purposes of the programs;
                          (iii) coordinate allocation of grant funds to 
                        avoid duplicative or inconsistent purchases by 
                        the recipients;
                          (iv) make the programs more accessible and 
                        user friendly to applicants; and
                          (v) ensure the programs are coordinated to 
                        enhance the overall preparedness of the Nation;
                  (D) submit the information and recommendations under 
                subparagraphs (A), (B), and (C) to the appropriate 
                committees of Congress; and
                  (E) provide the appropriate committees of Congress, 
                the Comptroller General, and any officer or employee of 
                the Government Accountability Office with full access 
                to any information collected or reviewed in preparing 
                the submission under subparagraph (D).
          (2) Scope of task.--Nothing in this subsection shall 
        authorize the elimination, or the alteration of the purposes, 
        as delineated by statute, regulation, or guidance, of a grant 
        program that existed on August 3, 2007, nor authorize the 
        review or preparation of proposals on the elimination, or the 
        alteration of the purposes, of such a grant program.
Sec. 12510. Accountability
  (a) Audits of Grant Programs.--
          (1) Compliance requirements.--
                  (A) Audit requirement.--Each recipient of a grant 
                administered by the Department that expends not less 
                than $500,000 in Federal funds during its fiscal year 
                shall submit to the Secretary, through the 
                Administrator, a copy of the organization-wide 
                financial and compliance audit report required under 
                chapter 75 of title 31.
                  (B) Access to information.--The Department and each 
                recipient of a grant administered by the Department 
                shall provide the Comptroller General and any officer 
                or employee of the Government Accountability Office 
                with full access to information regarding the 
                activities carried out related to any grant 
                administered by the Department.
                  (C) Improper payments.--Consistent with the Improper 
                Payments Information Act of 2002 (Public Law 107-300, 
                31 U.S.C. 3321 note), for each of the grant programs 
                under sections 12503, 12504, and 20522 of this title, 
                the Secretary shall specify policies and procedures 
                for--
                          (i) identifying activities funded under a 
                        grant program that are susceptible to 
                        significant improper payments; and
                          (ii) reporting any improper payments to the 
                        Department.
          (2) Agency program review.--
                  (A) In general.--The Secretary shall biennially 
                conduct, for each State and high-risk urban area 
                receiving a grant administered by the Department, a 
                programmatic and financial review of all grants awarded 
                by the Department to prevent, prepare for, protect 
                against, or respond to natural disasters, acts of 
                terrorism, or other man-made disasters, excluding 
                assistance provided under section 203, title IV, or 
                title V of the Robert T. Stafford Disaster Relief and 
                Emergency Assistance Act (42 U.S.C. 5133, 5170 et seq., 
                5191 et seq.).
                  (B) Contents.--Each review under subparagraph (A) 
                shall, at a minimum, examine--
                          (i) whether the funds awarded were used in 
                        accordance with the law, program guidance, and 
                        State homeland security plans or other 
                        applicable plans; and
                          (ii) the extent to which funds awarded 
                        enhanced the ability of a grantee to prevent, 
                        prepare for, protect against, and respond to 
                        natural disasters, acts of terrorism, and other 
                        man-made disasters.
                  (C) Authorization of appropriations.--In addition to 
                any other amounts authorized to be appropriated to the 
                Secretary, there are authorized to be appropriated to 
                the Secretary for reviews under this paragraph such 
                sums as may be necessary.
          (3) Performance assessment.--In order to ensure that States 
        and high-risk urban areas are using grants administered by the 
        Department appropriately to meet target capabilities and 
        preparedness priorities, the Secretary shall--
                  (A) ensure that each State or high-risk urban area 
                conducts or participates in exercises under section 
                20508(b) of this title;
                  (B) use performance metrics in accordance with the 
                comprehensive assessment system under section 20509 of 
                this title and ensure that each State or high-risk 
                urban area regularly tests its progress against the 
                metrics through the exercises required under 
                subparagraph (A);
                  (C) use the remedial action management program under 
                section 20510 of this title; and
                  (D) ensure that each State receiving a grant 
                administered by the Department submits a report to the 
                Secretary on its level of preparedness, as required by 
                section 20512(c) of this title.
          (4) Consideration of assessments.--In conducting program 
        reviews and performance audits under paragraph (2), the 
        Secretary and the Inspector General of the Department shall 
        take into account the performance assessment elements required 
        under paragraph (3).
          (5) Recovery audits.--The Secretary shall conduct a recovery 
        audit under section 2(h) of the Improper Payments Elimination 
        and Recovery Act of 2010 (Public Law 111-204, 31 U.S.C. 3321 
        note) for any grant administered by the Department with a total 
        value of not less than $1,000,000, if the Secretary finds 
        that--
                  (A) a financial audit has identified improper 
                payments that can be recouped; and
                  (B) it is cost-effective to conduct a recovery audit 
                to recapture the targeted funds.
          (6) Remedies for noncompliance.--
                  (A) In general.--If, as a result of a review or audit 
                under this subsection or otherwise, the Secretary finds 
                that a recipient of a grant under this chapter has 
                failed to substantially comply with any provision of 
                law or with any regulations or guidelines of the 
                Department regarding eligible expenditures, the 
                Secretary shall--
                          (i) reduce the amount of payment of grant 
                        funds to the recipient by an amount equal to 
                        the amount of grants funds that were not 
                        properly expended by the recipient;
                          (ii) limit the use of grant funds to 
                        programs, projects, or activities not affected 
                        by the failure to comply;
                          (iii) refer the matter to the Inspector 
                        General of the Department for further 
                        investigation;
                          (iv) terminate any payment of grant funds to 
                        be made to the recipient; or
                          (v) take other actions the Secretary 
                        determines appropriate.
                  (B) Duration of penalty.--The Secretary shall apply 
                an appropriate penalty under subparagraph (A) until the 
                Secretary determines that the grant recipient is in 
                full compliance with the law and with applicable 
                guidelines or regulations of the Department.
  (b) Reports by Grant Recipients.--
          (1) Quarterly reports on homeland security spending.--
                  (A) In general.--As a condition of receiving a grant 
                under section 12503 or 12504 of this title, a State, 
                high-risk urban area, or directly eligible tribe shall, 
                not later than 30 days after the end of each Federal 
                fiscal quarter, submit to the Secretary a report on 
                activities performed using grant funds during that 
                fiscal quarter.
                  (B) Contents.--Each report submitted under 
                subparagraph (A) shall at a minimum include, for the 
                applicable State, high-risk urban area, or directly 
                eligible tribe, and each subgrantee thereof--
                          (i) the amount obligated to that recipient 
                        under section 12503 or 12504 in that quarter;
                          (ii) the amount of funds received and 
                        expended under section 12503 or 12504 by that 
                        recipient in that quarter; and
                          (iii) a summary description of expenditures 
                        made by that recipient using the funds, and the 
                        purposes for which the expenditures were made.
                  (C) End-of-year report.--The report submitted under 
                subparagraph (A) by a State, high-risk urban area, or 
                directly eligible tribe relating to the last quarter of 
                any fiscal year shall include--
                          (i) the amount and date of receipt of all 
                        funds received under the grant during that 
                        fiscal year;
                          (ii) the identity of, and amount provided to, 
                        any subgrantee for that grant during that 
                        fiscal year;
                          (iii) the amount and the dates of 
                        disbursements of funds expended in compliance 
                        with section 12509(a)(1) of this title or under 
                        mutual aid agreements or other sharing 
                        arrangements that apply within the State, high-
                        risk urban area, or directly eligible tribe, as 
                        applicable, during that fiscal year; and
                          (iv) how the funds were used by each 
                        recipient or subgrantee during that fiscal 
                        year.
          (2) Annual state preparedness report.--Any State applying for 
        a grant under section 12504 shall submit to the Secretary 
        annually a State preparedness report, as required by section 
        20512(c) of this title.
          (3) Annual report on expenditures.--
                  (A) Definition of homeland security grant.--In this 
                paragraph, the term ``homeland security grant'' means 
                any grant made or administered by the Department, 
                including--
                          (i) the State Homeland Security Grant 
                        Program;
                          (ii) the Urban Area Security Initiative Grant 
                        Program;
                          (iii) the Law Enforcement Terrorism 
                        Prevention Program;
                          (iv) the Citizen Corps; and
                          (v) the Metropolitan Medical Response System.
                  (B) List of expenditures.--Not later than 12 months 
                after the date of receipt of the grant, and every 12 
                months thereafter until all funds provided under the 
                grant are expended, each State or local government that 
                receives a homeland security grant shall submit a 
                report to the Secretary that contains a list of all 
                expenditures made by the State or local government 
                using funds from the grant.
  (c) Reports by the Administrator.--
          (1) Federal preparedness report.--The Administrator shall 
        submit to the appropriate committees of Congress annually the 
        Federal Preparedness Report required under section 20512(a) of 
        this title.
          (2) Risk assessment.--
                  (A) In general.--For each fiscal year, the 
                Administrator shall provide to the appropriate 
                committees of Congress a detailed and comprehensive 
                explanation of the methodologies used to calculate risk 
                and compute the allocation of funds for grants 
                administered by the Department, including--
                          (i) all variables included in the risk 
                        assessment and the weights assigned to each 
                        variable;
                          (ii) an explanation of how each variable, as 
                        weighted, correlates to risk, and the basis for 
                        concluding there is a correlation; and
                          (iii) any change in the methodologies from 
                        the previous fiscal year, including changes in 
                        variables considered, the weighting of those 
                        variables, and computational methods.
                  (B) Classified annex.--The information required under 
                subparagraph (A) shall be provided in unclassified form 
                to the greatest extent possible, and may include a 
                classified annex if necessary.
                  (C) Deadline.--For each fiscal year, the information 
                required under subparagraph (A) shall be provided on 
                the earlier of--
                          (i) October 31; or
                          (ii) 30 days before the issuance of any 
                        program guidance for grants administered by the 
                        Department.
          (3) Tribal funding report.--At the end of each fiscal year, 
        the Administrator shall submit to the appropriate committees of 
        Congress a report setting forth the amount of funding provided 
        during that fiscal year to Indian tribes under any grant 
        program administered by the Department, whether provided 
        directly or through a subgrant from a State or high-risk urban 
        area.
Sec. 12511. Identification of reporting redundancies and development of 
                    performance metrics
  (a) Definition of covered grants.--In this section, the term 
``covered grants'' means grants awarded under section 12503 of this 
title, grants awarded under section 12504 of this title, and any other 
grants specified by the Administrator.
  (b) Plan To Eliminate Redundant and Unnecessary Reporting 
Requirements and To Assess Effectiveness of Programs.--The 
Administrator shall develop--
          (1) a plan, including a specific timetable, for eliminating 
        any redundant and unnecessary reporting requirements imposed by 
        the Administrator on State, local and tribal governments in 
        connection with the awarding of grants; and
          (2) a plan, including a specific timetable, for promptly 
        developing a set of quantifiable performance measures and 
        metrics to assess the effectiveness of the programs under which 
        covered grants are awarded.
  (c) Biennial Reports.--Not later than January 10, 2018, and every 2 
years thereafter, the Secretary shall submit to the appropriate 
committees of Congress a grants management report that includes--
          (1) the status of efforts to eliminate redundant and 
        unnecessary reporting requirements imposed on grant recipients, 
        including--
                  (A) progress made in implementing the plan required 
                under subsection (b)(1);
                  (B) a reassessment of the reporting requirements to 
                identify and eliminate redundant and unnecessary 
                requirements;
          (2) the status of efforts to develop quantifiable performance 
        measures and metrics to assess the effectiveness of the 
        programs under which the covered grants are awarded, 
        including--
                  (A) progress made in implementing the plan required 
                under subsection (b)(2); and
                  (B) progress made in developing and implementing 
                additional performance metrics and measures for grants, 
                including as part of the comprehensive assessment 
                system required under section 20509 of this title; and
          (3) a performance assessment of each program under which the 
        covered grants are awarded, including--
                  (A) a description of the objectives and goals of the 
                program;
                  (B) an assessment of the extent to which the 
                objectives and goals described in subparagraph (A) have 
                been met, based on the quantifiable performance 
                measures and metrics required under this section and 
                sections 12510(a)(3) and 20509 of this title;
                  (C) recommendations for any program modifications to 
                improve the effectiveness of the program, to address 
                changed or emerging conditions; and
                  (D) an assessment of the experience of recipients of 
                covered grants, including the availability of clear and 
                accurate information, the timeliness of reviews and 
                awards, and the provision of technical assistance, and 
                recommendations for improving that experience.
  (d) Grants Program Measurement Study.--
          (1) In general.--The National Academy of Public 
        Administration shall assist the Administrator in implementing--
                  (A) quantifiable performance measures and metrics to 
                assess the effectiveness of grants administered by the 
                Department, as required under this section and section 
                20509 of this title; and
                  (B) the plan required under subsection (b)(2).
          (2) Authorization of appropriations.--There are authorized to 
        be appropriated to the Secretary such sums as may be necessary 
        to carry out this subsection.

    Chapter 127--Anti-Trafficking Training for Department Personnel

Sec.
12701.  Definition of human trafficking.
12702.  Training to identify human trafficking.
12703.  Report.
12704.  Assistance to non-Federal entities.
Sec. 12701. Definition of human trafficking
  In this chapter, the term ``human trafficking'' means an art or 
practice described in paragraph (9) or (10) of section 103 of the 
Trafficking Victims Protection Act of 2000 (22 U.S.C. 7102(9), (10)).
Sec. 12702. Training to identify human trafficking
  (a) In General.--The Secretary shall implement a program to--
          (1) train and periodically retrain relevant Transportation 
        Security Administration, U. S. Customs and Border Protection, 
        and other Department personnel that the Secretary considers 
        appropriate, with respect to how to effectively deter, detect, 
        and disrupt human trafficking, and, where appropriate, 
        interdict a suspected perpetrator of human trafficking, during 
        the course of their primary roles and responsibilities; and
          (2) ensure that the personnel referred to in paragraph (1) 
        regularly receive current information on matters relating to 
        the detection of human trafficking, including information that 
        becomes available outside of the Department's initial or 
        periodic retraining schedule, to the extent relevant to their 
        official duties and consistent with applicable information and 
        privacy laws.
  (b) Training.--The training referred to in subsection (a) may be 
conducted through in-class or virtual learning capabilities, and shall 
include--
          (1) methods for identifying suspected victims of human 
        trafficking and, where appropriate, perpetrators of human 
        trafficking;
          (2) for appropriate personnel, methods to approach a 
        suspected victim of human trafficking, where appropriate, in a 
        manner that is sensitive to the suspected victim and is not 
        likely to alert a suspected perpetrator of human trafficking;
          (3) training that is most appropriate for a particular 
        location or environment in which the personnel receiving such 
        training perform their official duties;
          (4) other topics determined by the Secretary to be 
        appropriate; and
          (5) a post-training evaluation for personnel receiving the 
        training.
  (c) Training Curriculum Review.--The Secretary shall annually 
reassess the training program established under subsection (a) to 
ensure it is consistent with current techniques, patterns, and trends 
associated with human trafficking.
Sec. 12703. Report
   Not later than May 29 of each year, the Secretary shall report to 
Congress with respect to the overall effectiveness of the program 
required by this chapter, the number of cases reported by Department 
personnel in which human trafficking was suspected, and, of those 
cases, the number of cases that were confirmed cases of human 
trafficking.
Sec. 12704. Assistance to non-Federal entities
  The Secretary may provide training curricula to any State, local, or 
tribal government, or private organization, to assist the government or 
organization in establishing a program of training to identify human 
trafficking, on request from the government or organization.

               Subtitle II--National Emergency Management

                          Chapter 201--General

Sec.
20101.  Definitions.
Sec. 20101. Definitions
  In this subtitle:
          (1) Administrator.--The term ``Administrator'' means the 
        Administrator of the Agency.
          (2) Agency.--The term ``Agency'' means the Federal Emergency 
        Management Agency.
          (3) Appropriate committees of congress.--The term 
        ``appropriate committees of Congress'' means--
                  (A) the Committee on Homeland Security and 
                Governmental Affairs of the Senate; and
                  (B) those committees of the House of Representatives 
                that the Speaker of the House of Representatives 
                determines appropriate.
          (4) Catastrophic incident.--The term ``catastrophic 
        incident'' means any natural disaster, act of terrorism, or 
        other man-made disaster that results in extraordinary levels of 
        casualties or damage or disruption severely affecting the 
        population (including mass evacuations), infrastructure, 
        environment, economy, national morale, or government functions 
        in an area.
          (5) Department.--The term ``Department'' means the Department 
        of Homeland Security.
          (6) Emergency; major disaster.--The terms ``emergency'' and 
        ``major disaster'' have the meanings given the terms in section 
        102 of the Robert T. Stafford Disaster Relief and Emergency 
        Assistance Act (42 U.S.C. 5122).
          (7) Emergency management.--The term ``emergency management'' 
        means the governmental function that coordinates and integrates 
        all activities necessary to build, sustain, and improve the 
        capability to prepare for, protect against, respond to, recover 
        from, or mitigate against threatened or actual natural 
        disasters, acts of terrorism, or other man-made disasters.
          (8) Emergency response providers.--The term ``emergency 
        response providers'' has the meaning given the term in section 
        10101 of this title.
          (9) Federal coordinating officer.--The term ``Federal 
        coordinating officer'' means a Federal coordinating officer as 
        described in section 302 of the Robert T. Stafford Disaster 
        Relief and Emergency Assistance Act (42 U.S.C. 5143).
          (10) Individual with a disability.--The term ``individual 
        with a disability'' has the meaning given the term in section 3 
        of the Americans with Disabilities Act of 1990 (42 U.S.C. 
        12102).
          (11) Local government.--The term ``local government'' has the 
        meaning given the term in section 10101 of this title.
          (12) National incident management system.--The term 
        ``National Incident Management System'' means a system to 
        enable effective, efficient, and collaborative incident 
        management.
          (13) National response plan.--The term ``National Response 
        Plan'' means the National Response Plan or any successor plan 
        prepared under section 11103(a)(6) of this title.
          (14) Secretary.--The term ``Secretary'' means the Secretary 
        of Homeland Security.
          (15) State.--The term ``State'' has the meaning given the 
        term in section 10101 of this title.
          (16) Surge capacity.--The term ``surge capacity'' means the 
        ability to rapidly and substantially increase the provision of 
        search and rescue capabilities, food, water, medicine, shelter 
        and housing, medical care, evacuation capacity, staffing 
        (including disaster assistance employees), and other resources 
        necessary to save lives and protect property during a 
        catastrophic incident.
          (17) Tribal government.--The term ``tribal government'' means 
        the government of an Indian tribe or authorized tribal 
        organization, or, in Alaska, a Native village or Alaska 
        Regional Native Corporation.

             Chapter 203--Emergency Management 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.
Sec. 20301. Surge Capacity Force
  (a) Establishment.--
          (1) In general.--The Administrator shall prepare and submit 
        to the appropriate committees of Congress a plan to establish 
        and implement a Surge Capacity Force for deployment of 
        individuals to respond to natural disasters, acts of terrorism, 
        and other man-made disasters, including catastrophic incidents.
          (2) Authority.--
                  (A) In general.--Except as provided in subparagraph 
                (B), the plan shall provide for individuals in the 
                Surge Capacity Force to be trained and deployed under 
                the authorities set forth in the Robert T. Stafford 
                Disaster Relief and Emergency Assistance Act (42 U.S.C. 
                5121 et seq.).
                  (B) Exception.--If the Administrator determines that 
                the existing authorities are inadequate for the 
                training and deployment of individuals in the Surge 
                Capacity Force, the Administrator shall report to 
                Congress as to the additional statutory authorities 
                that the Administrator determines necessary.
  (b) Employees Designated To Serve.--The plan shall include procedures 
under which the Secretary shall designate employees of the Department 
who are not employees of the Agency and shall, in conjunction with the 
heads of other Executive agencies, designate employees of those other 
Executive agencies, as appropriate, to serve on the Surge Capacity 
Force.
  (c) Capabilities.--The plan shall ensure that the Surge Capacity 
Force--
          (1) includes a sufficient number of individuals credentialed 
        under section 11110 of this title that are capable of deploying 
        rapidly and efficiently after activation to prepare for, 
        respond to, and recover from natural disasters, acts of 
        terrorism, and other man-made disasters, including catastrophic 
        incidents; and
          (2) includes a sufficient number of full-time, highly trained 
        individuals credentialed under section 11110 to lead and manage 
        the Surge Capacity Force.
  (d) Training.--The plan shall ensure that the Administrator provides 
appropriate and continuous training to members of the Surge Capacity 
Force to ensure the personnel are adequately trained on the Agency's 
programs and policies for natural disasters, acts of terrorism, and 
other man-made disasters.
  (e) No Impact on Agency Personnel Ceiling.--Surge Capacity Force 
members shall not be counted against any personnel ceiling applicable 
to the Agency.
  (f) Expenses.--The Administrator may provide members of the Surge 
Capacity Force with travel expenses, including per diem in lieu of 
subsistence, at rates authorized for employees of agencies under 
subchapter I of chapter 57 of title 5, for the purpose of participating 
in any training that relates to service as a member of the Surge 
Capacity Force.
  (g) Immediate Implementation of Surge Capacity Force Involving 
Federal Employees.--The Administrator shall develop and implement--
          (1) the procedures under subsection (b); and
          (2) other elements of the plan needed to establish the 
        portion of the Surge Capacity Force consisting of individuals 
        designated under those procedures.
Sec. 20302. Evacuation preparedness technical assistance
  The Administrator, in coordination with the heads of other 
appropriate Federal agencies, shall provide evacuation preparedness 
technical assistance to State, local, and tribal governments, including 
the preparation of hurricane evacuation studies and technical 
assistance in developing evacuation plans, assessing storm surge 
estimates, evacuation zones, evacuation clearance times, transportation 
capacity, and shelter capacity.
Sec. 20303. Urban Search and Rescue Response System
  There is in the Agency the Urban Search and Rescue Response System.
Sec. 20304. Metropolitan Medical Response System Program
  (a) In General.--There is in the Agency the Metropolitan Medical 
Response System Program.
  (b) Purposes.--The Metropolitan Medical Response System Program shall 
include each purpose of the Program as it existed on June 1, 2006.
Sec. 20305. Logistics
  The Administrator shall develop an efficient, transparent, and 
flexible logistics system for procurement and delivery of goods and 
services necessary for an effective and timely response to natural 
disasters, acts of terrorism, and other man-made disasters and for 
real-time visibility of items at each point throughout the logistics 
system.
Sec. 20306. Pre-positioned equipment program
  (a) In General.--The Administrator shall establish a pre-positioned 
equipment program to pre-position standardized emergency equipment in 
at least 11 locations to sustain and replenish critical assets used by 
State, local, and tribal governments in response to (or rendered 
inoperable by the effects of) natural disasters, acts of terrorism, and 
other man-made disasters.
  (b) Notice.--Not later than 60 days before the date of closure, the 
Administrator shall notify State, local, and tribal officials in an 
area in which a location for the pre-positioned equipment program will 
be closed.
Sec. 20307. Basic life supporting first aid and education
  The Administrator shall enter into agreements with organizations to 
provide funds to emergency response providers to provide education and 
training in life supporting first aid to children.
Sec. 20308. Improvements to information technology systems
  The Administrator, in coordination with the Chief Information Officer 
of the Department, shall take appropriate measures to update and 
improve the information technology systems of the Agency, including 
measures to--
          (1) ensure that the multiple information technology systems 
        of the Agency (including the National Emergency Management 
        Information System, the Logistics Information Management System 
        III, and the Automated Deployment Database) are, to the extent 
        practicable, fully compatible and can share and access 
        information, as appropriate, from each other;
          (2) ensure technology enhancements reach the headquarters and 
        regional offices of the Agency in a timely fashion, to allow 
        seamless integration;
          (3) develop and maintain a testing environment that ensures 
        that all system components are properly and thoroughly tested 
        before their release;
          (4) ensure that the information technology systems of the 
        Agency have the capacity to track disaster response personnel, 
        mission assignment task orders, commodities, and supplies used 
        in response to a natural disaster, act of terrorism, or other 
        man-made disaster;
          (5) make appropriate improvements to the National Emergency 
        Management Information System to address shortcomings in the 
        system on October 4, 2006; and
          (6) provide training, manuals, and guidance on information 
        technology systems to personnel, including disaster response 
        personnel, to help ensure employees can properly use 
        information technology systems.
Sec. 20309. Disclosure of certain information to law enforcement 
                    agencies
  If circumstances require an evacuation, sheltering, or mass 
relocation, the Administrator may disclose information in any 
individual assistance database of the Agency under section 552a(b) of 
title 5 to any law enforcement agency of the Federal Government or a 
State, local, or tribal government in order to identify illegal conduct 
or address public safety or security issues, including compliance with 
sex offender notification laws.

             Chapter 205--Comprehensive 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.

               Subchapter I--National Preparedness System

Sec. 20501. Definitions
  In this chapter:
          (1) Capability.--The term ``capability'' means the ability to 
        provide the means to accomplish one or more tasks under 
        specific conditions and to meet specific performance standards. 
        A capability may be achieved with any combination of properly 
        planned, organized, equipped, trained, and exercised personnel 
        that achieves the intended outcome.
          (2) Credentialed; credentialing.--The terms ``credentialed'' 
        and ``credentialing'' have the meanings given the terms in 
        section 11101 of this title.
          (3) Hazard.--The term ``hazard'' has the meaning given the 
        term under section 602(a) of the Robert T. Stafford Disaster 
        Relief and Assistance Act (42 U.S.C. 5195a(a)).
          (4) Mission assignment.--The term ``mission assignment'' 
        means a work order issued to a Federal agency by the Agency, 
        directing completion by that agency of a specified task and 
        setting forth funding, other managerial controls, and guidance.
          (5) National preparedness goal.--The term ``national 
        preparedness goal'' means the national preparedness goal 
        established under section 20503 of this title.
          (6) National preparedness system.--The term ``national 
        preparedness system'' means the national preparedness system 
        established under section 20504 of this title.
          (7) National training program.--The term ``national training 
        program'' means the national training program established under 
        section 20508(a) of this title.
          (8) Operational readiness.--The term ``operational 
        readiness'' means the capability of an organization, an asset, 
        a system, or equipment to perform the missions or functions for 
        which it is organized or designed.
          (9) Performance measure.--The term ``performance measure'' 
        means a quantitative or qualitative characteristic used to 
        gauge the results of an outcome compared to its intended 
        purpose.
          (10) Performance metric.--The term ``performance metric'' 
        means a particular value or characteristic used to measure the 
        outcome that is generally expressed in terms of a baseline and 
        a target.
          (11) Prevention.--The term ``prevention'' means any activity 
        undertaken to avoid, prevent, or stop a threatened or actual 
        act of terrorism.
          (12) Resources.--The term ``resources'' has the meaning given 
        the term in section 11101 of this title.
          (13) Type.--The term ``type'' means a classification of 
        resources that refers to the capability of a resource.
          (14) Typed; typing.--The terms ``typed'' and ``typing'' have 
        the meanings given the terms in section 11101 of this title.
Sec. 20502. Development of national preparedness goal and national 
                    preparedness system
  To prepare the Nation for all hazards, including natural disasters, 
acts of terrorism, and other man-made disasters, the President, 
consistent with the declaration of policy under section 601 of the 
Robert T. Stafford Disaster Relief and Emergency Assistance Act (42 
U.S.C. 5195) and chapter 111 of this title, shall develop a national 
preparedness goal and a national preparedness system.
Sec. 20503. National preparedness goal
  (a) Establishment.--The President, acting through the Administrator, 
shall complete, revise, and update, as necessary, a national 
preparedness goal that defines the target level of preparedness to 
ensure the Nation's ability to prevent, respond to, recover from, and 
mitigate against natural disasters, acts of terrorism, and other man-
made disasters.
  (b) Consistent With National Incident Management System and National 
Response Plan.--The national preparedness goal, to the greatest extent 
practicable, shall be consistent with the National Incident Management 
System and the National Response Plan.
Sec. 20504. National preparedness system
  (a) Establishment.--The President, acting through the Administrator, 
shall develop a national preparedness system to enable the Nation to 
meet the national preparedness goal.
  (b) Components.--The national preparedness system shall include the 
following components:
          (1) Target capabilities and preparedness priorities.
          (2) Equipment and training standards.
          (3) Training and exercises.
          (4) Comprehensive assessment system.
          (5) Remedial action management program.
          (6) Federal response capability inventory.
          (7) Reporting requirements.
          (8) Federal preparedness.
  (c) National Planning Scenarios.--The national preparedness system 
may include national planning scenarios.
Sec. 20505. National planning scenarios
  (a) In General.--The Administrator, in coordination with the heads of 
appropriate Federal agencies and the National Advisory Council, may 
develop planning scenarios to reflect the relative risk requirements 
presented by all hazards, including natural disasters, acts of 
terrorism, and other man-made disasters, to provide the foundation for 
the flexible and adaptive development of target capabilities and the 
identification of target capability levels to meet the national 
preparedness goal.
  (b) Development.--In developing, revising, and replacing national 
planning scenarios, the Administrator shall ensure that the scenarios--
          (1) reflect the relative risk of all hazards and illustrate 
        the potential scope, magnitude, and complexity of a broad range 
        of representative hazards; and
          (2) provide the minimum number of representative scenarios 
        necessary to identify and define the tasks and target 
        capabilities required to respond to all hazards.
Sec. 20506. Target capabilities and preparedness priorities
  (a) Establishment of Guidelines on Target Capabilities.--The 
Administrator, in coordination with the heads of appropriate Federal 
agencies, the National Council on Disability, and the National Advisory 
Council, shall complete, revise, and update, as necessary, guidelines 
to define risk-based target capabilities for Federal, State, local, and 
tribal government preparedness that will enable the Nation to prevent, 
respond to, recover from, and mitigate against all hazards, including 
natural disasters, acts of terrorism, and other man-made disasters.
  (b) Distribution of Guidelines.--The Administrator shall ensure that 
the guidelines are provided promptly to the appropriate committees of 
Congress and the States.
  (c) Objectives.--The Administrator shall ensure that the guidelines 
are specific, flexible, and measurable.
  (d) Terrorism Risk Assessment.--With respect to analyzing and 
assessing the risk of acts of terrorism, the Administrator shall 
consider--
          (1) the variables of threat, vulnerability, and consequences 
        related to population (including transient commuting and 
        tourist populations), areas of high population density, 
        critical infrastructure, coastline, and international borders; 
        and
          (2) the most current risk assessment available from the Chief 
        Intelligence Officer of the Department of the threats of 
        terrorism against the United States.
  (e) Preparedness Priorities.--In establishing the guidelines under 
subsection (a), the Administrator shall establish preparedness 
priorities that appropriately balance the risk of all hazards, 
including natural disasters, acts of terrorism, and other man-made 
disasters, with the resources required to prevent, respond to, recover 
from, and mitigate against the hazards.
  (f) Mutual Aid Agreements.--The Administrator may provide support for 
the development of mutual aid agreements in States.
Sec. 20507. Equipment and training standards
  (a) Equipment Standards.--
          (1) In general.--The Administrator, in coordination with the 
        heads of appropriate Federal agencies and the National Advisory 
        Council, shall support the development, promulgation, and 
        updating, as necessary, of national voluntary consensus 
        standards for the performance, use, and validation of equipment 
        used by Federal, State, local, and tribal governments and 
        nongovernmental emergency response providers.
          (2) Requirements.--The national voluntary consensus standards 
        shall--
                  (A) be designed to achieve equipment and other 
                capabilities consistent with the national preparedness 
                goal, including the safety and health of emergency 
                response providers;
                  (B) to the maximum extent practicable, be consistent 
                with existing national voluntary consensus standards;
                  (C) take into account, as appropriate, threats that 
                may not have been contemplated when the existing 
                standards were developed; and
                  (D) focus on maximizing operability, 
                interoperability, interchangeability, durability, 
                flexibility, efficiency, efficacy, portability, 
                sustainability, and safety.
  (b) Training Standards.--The Administrator shall--
          (1) support the development, promulgation, and regular 
        updating, as necessary, of national voluntary consensus 
        standards for training; and
          (2) ensure that the training provided under the national 
        training program is consistent with the standards.
  (c) Consultation With Standards Organizations.--In carrying out this 
section, the Administrator shall consult with representatives of 
relevant public- and private-sector national voluntary consensus 
standards development organizations.
Sec. 20508. Training and exercises
  (a) National Training Program.--
          (1) In general.--The Administrator, in coordination with the 
        heads of appropriate Federal agencies, the National Council on 
        Disability, and the National Advisory Council, shall carry out 
        a national training program to implement the national 
        preparedness goal, National Incident Management System, 
        National Response Plan, and other related plans and strategies.
          (2) Training partners.--In developing and implementing the 
        national training program, the Administrator shall--
                  (A) work with government training facilities, 
                academic institutions, private organizations, and other 
                entities that provide specialized, state-of-the-art 
                training for emergency managers or emergency response 
                providers; and
                  (B) utilize, as appropriate, training courses 
                provided by community colleges, State and local public 
                safety academies, State and private universities, and 
                other facilities.
  (b) National Exercise Program.--
          (1) In general.--The Administrator, in coordination with the 
        heads of appropriate Federal agencies, the National Council on 
        Disability, and the National Advisory Council, shall carry out 
        a national exercise program to test and evaluate the national 
        preparedness goal, National Incident Management System, 
        National Response Plan, and other related plans and strategies.
          (2) Requirements.--The national exercise program--
                  (A) shall be--
                          (i) as realistic as practicable, based on 
                        current risk assessments, including credible 
                        threats, vulnerabilities, and consequences, and 
                        designed to stress the national preparedness 
                        system;
                          (ii) designed, as practicable, to simulate 
                        the partial or complete incapacitation of a 
                        State, local, or tribal government;
                          (iii) carried out, as appropriate, with a 
                        minimum degree of notice to involved parties 
                        regarding the timing and details of the 
                        exercises, consistent with safety 
                        considerations;
                          (iv) designed to provide for the systematic 
                        evaluation of readiness and enhance operational 
                        understanding of the incident command system 
                        and relevant mutual aid agreements;
                          (v) designed to address the unique 
                        requirements of populations with special needs, 
                        including the elderly; and
                          (vi) designed to promptly develop after-
                        action reports and plans for quickly 
                        incorporating lessons learned into future 
                        operations; and
                  (B) shall include a selection of model exercises that 
                State, local, and tribal governments can readily adapt 
                for use and provide assistance to State, local, and 
                tribal governments with the design, implementation, and 
                evaluation of exercises (whether a model exercise 
                program or an exercise designed locally) that--
                          (i) conform to the requirements under 
                        subparagraph (A);
                          (ii) are consistent with any applicable 
                        State, local, or tribal strategy or plan; and
                          (iii) provide for systematic evaluation of 
                        readiness.
          (3) National level exercises.--Periodically but not less than 
        biennially, the Administrator shall perform national exercises 
        to test and evaluate the following:
                  (A) The capability of Federal, State, local, and 
                tribal governments to detect, disrupt, and prevent 
                threatened or actual catastrophic acts of terrorism, 
                especially those involving weapons of mass destruction.
                  (B) The readiness of Federal, State, local, and 
                tribal governments to respond and recover in a 
                coordinated and unified manner to catastrophic 
                incidents.
Sec. 20509. Comprehensive assessment system
  (a) Establishment.--The Administrator, in coordination with the 
National Council on Disability and the National Advisory Council, shall 
establish a comprehensive system to assess, on an ongoing basis, the 
Nation's prevention capabilities and overall preparedness, including 
operational readiness.
  (b) Performance Metrics and Measures.--The Administrator shall ensure 
that each component of the national preparedness system, National 
Incident Management System, National Response Plan, and other related 
plans and strategies, and the reports required under section 20512 of 
this title is developed, revised, and updated with clear and 
quantifiable performance metrics, measures, and outcomes.
  (c) Contents.--The assessment system established under subsection (a) 
shall assess--
          (1) compliance with the national preparedness system, 
        National Incident Management System, National Response Plan, 
        and other related plans and strategies;
          (2) capability levels at the time of assessment against 
        target capability levels defined pursuant to the guidelines 
        established under section 20506(a) of this title;
          (3) resource needs to meet the desired target capability 
        levels defined pursuant to the guidelines established under 
        section 20506(a); and
          (4) performance of training, exercises, and operations.
Sec. 20510. Remedial action management program
  The Administrator, in coordination with the National Council on 
Disability and the National Advisory Council, shall establish a 
remedial action management program to--
          (1) analyze training, exercises, and real-world events to 
        identify and disseminate lessons learned and best practices;
          (2) generate and disseminate, as appropriate, after-action 
        reports to participants in exercises and real-world events; and
          (3) conduct remedial action tracking and long-term trend 
        analysis.
Sec. 20511. Federal response capability inventory
  (a) In General.--Under section 611(h)(1)(C) of the Robert T. Stafford 
Disaster Relief and Emergency Assistance Act (42 U.S.C. 5196(h)(1)(C)), 
the Administrator shall accelerate the completion of the inventory of 
Federal response capabilities.
  (b) Contents.--For each Federal agency with responsibilities under 
the National Response Plan, the inventory shall include--
          (1) for each capability--
                  (A) the performance parameters of the capability;
                  (B) the timeframe within which the capability can be 
                brought to bear on an incident; and
                  (C) the readiness of the capability to respond to all 
                hazards, including natural disasters, acts of 
                terrorism, and other man-made disasters;
          (2) a list of personnel credentialed under section 11110 of 
        this title;
          (3) a list of resources typed under section 11110; and
          (4) emergency communications assets maintained by the Federal 
        Government and, if appropriate, State, local, and tribal 
        governments and the private sector.
  (c) Department of Defense.--The Administrator, in coordination with 
the Secretary of Defense, shall develop a list of organizations and 
functions within the Department of Defense that may be used, pursuant 
to the authority provided under the National Response Plan and sections 
402, 403, and 502 of the Robert T. Stafford Disaster Relief and 
Emergency Assistance Act (42 U.S.C. 5170a, 5170b, 5192), to provide 
support to civil authorities during natural disasters, acts of 
terrorism, and other man-made disasters.
  (d) Database.--The Administrator shall establish an inventory 
database to allow--
          (1) real-time exchange of information regarding--
                  (A) capabilities;
                  (B) readiness;
                  (C) the compatibility of equipment;
                  (D) credentialed personnel; and
                  (E) typed resources;
          (2) easy identification and rapid deployment of capabilities, 
        credentialed personnel, and typed resources during an incident; 
        and
          (3) the sharing of the inventory described in subsection (a) 
        with other Federal agencies, as appropriate.
Sec. 20512. Reporting requirements
  (a) Federal Preparedness Report.--
          (1) In general.--The Administrator, in coordination with the 
        heads of appropriate Federal agencies, shall submit annually to 
        the appropriate committees of Congress a report on the Nation's 
        level of preparedness for all hazards, including natural 
        disasters, acts of terrorism, and other man-made disasters.
          (2) Contents.--Each report shall include--
                  (A) an assessment of how Federal assistance supports 
                the national preparedness system;
                  (B) the results of the comprehensive assessment 
                carried out under section 20509 of this title;
                  (C) a review of the inventory described in section 
                20511 of this title, including the number and type of 
                credentialed personnel in each category of personnel 
                trained and ready to respond to a natural disaster, act 
                of terrorism, or other man-made disaster;
                  (D) an assessment of resource needs to meet 
                preparedness priorities established under section 
                20506(e) of this title, including--
                          (i) an estimate of the amount of Federal, 
                        State, local, and tribal expenditures required 
                        to attain the preparedness priorities; and
                          (ii) the extent to which the use of Federal 
                        assistance during the preceding fiscal year 
                        achieved the preparedness priorities;
                  (E) an evaluation of the extent to which grants 
                administered by the Department, including grants under 
                chapter 125 of this title--
                          (i) have contributed to the progress of 
                        State, local, and tribal governments in 
                        achieving target capabilities; and
                          (ii) have led to the reduction of risk from 
                        natural disasters, acts of terrorism, or other 
                        man-made disasters nationally and in State, 
                        local, and tribal jurisdictions; and
                  (F) a discussion of whether the list of credentialed 
                personnel of the Agency described in section 
                20511(b)(2) of this title--
                          (i) complies with the strategic human capital 
                        plan developed under section 10102 of title 5; 
                        and
                          (ii) is sufficient to respond to a natural 
                        disaster, act of terrorism, or other man-made 
                        disaster, including a catastrophic incident.
  (b) Catastrophic Resource Estimate.--
          (1) In general.--The Administrator shall develop and submit 
        annually to the appropriate committees of Congress an estimate 
        of the resources of the Agency and other Federal agencies 
        needed for, and devoted specifically to, developing the 
        capabilities of Federal, State, local, and tribal governments 
        necessary to respond to a catastrophic incident.
          (2) Contents.--Each estimate shall include the resources 
        necessary for and devoted to--
                  (A) planning;
                  (B) training and exercises;
                  (C) Regional Office enhancements;
                  (D) staffing, including for surge capacity during a 
                catastrophic incident;
                  (E) additional logistics capabilities;
                  (F) other responsibilities under the catastrophic 
                incident annex and the catastrophic incident supplement 
                of the National Response Plan;
                  (G) State, local, and tribal government catastrophic 
                incident preparedness; and
                  (H) increases in the fixed costs or expenses of the 
                Agency, including rent or property acquisition costs or 
                expenses, taxes, contributions to the working capital 
                fund of the Department, and security costs for the year 
                after the year in which the estimate is submitted.
  (c) State Preparedness Report.--
          (1) In general.--A State receiving Federal preparedness 
        assistance administered by the Department annually shall submit 
        a report to the Administrator on the State's level of 
        preparedness.
          (2) Contents.--Each report shall include--
                  (A) an assessment of State compliance with the 
                national preparedness system, National Incident 
                Management System, National Response Plan, and other 
                related plans and strategies;
                  (B) an assessment of current capability levels and a 
                description of target capability levels; and
                  (C) a discussion of the extent to which target 
                capabilities identified in the applicable State 
                homeland security plan and other applicable plans 
                remain unmet and an assessment of resources needed to 
                meet the preparedness priorities established under 
                section 20506(e) of this title, including--
                          (i) an estimate of the amount of expenditures 
                        required to attain the preparedness priorities; 
                        and
                          (ii) the extent to which the use of Federal 
                        assistance during the preceding fiscal year 
                        achieved the preparedness priorities.
Sec. 20513. Federal preparedness
  (a) Agency Responsibility.--In support of the national preparedness 
system, the President shall ensure that each Federal agency with 
responsibilities under the National Response Plan--
          (1) has the operational capability to meet the national 
        preparedness goal, including--
                  (A) the personnel to make and communicate decisions;
                  (B) organizational structures that are assigned, 
                trained, and exercised for the missions of the agency;
                  (C) sufficient physical resources; and
                  (D) the command, control, and communication channels 
                to make, monitor, and communicate decisions;
          (2) complies with the National Incident Management System, 
        including credentialing of personnel and typing of resources 
        likely needed to respond to a natural disaster, act of 
        terrorism, or other man-made disaster under section 11110 of 
        this title;
          (3) develops, trains, and exercises rosters of response 
        personnel to be deployed when the agency is called on to 
        support a Federal response;
          (4) develops deliberate operational plans and the 
        corresponding capabilities, including crisis planning, to 
        respond effectively to natural disasters, acts of terrorism, 
        and other man-made disasters in support of the National 
        Response Plan to ensure a coordinated Federal response; and
          (5) regularly updates, verifies the accuracy of, and provides 
        to the Administrator the information in the inventory required 
        under section 20511 of this title.
  (b) Operational Plans.--An operations plan developed under subsection 
(a)(4) shall meet the following requirements:
          (1) The operations plan shall be coordinated under a unified 
        system with a common terminology, approach, and framework.
          (2) The operations plan shall be developed, in coordination 
        with State, local, and tribal government officials, to address 
        both regional and national risks.
          (3) The operations plan shall contain, as appropriate, the 
        following elements:
                  (A) Concepts of operations.
                  (B) Critical tasks and responsibilities.
                  (C) Detailed resource and personnel requirements, 
                together with sourcing requirements.
                  (D) Specific provisions for the rapid integration of 
                the resources and personnel of the agency into the 
                overall response.
          (4) The operations plan shall address, as appropriate, the 
        following matters:
                  (A) Support of State, local, and tribal governments 
                in conducting mass evacuations, including--
                          (i) transportation and relocation;
                          (ii) short- and long-term sheltering and 
                        accommodation;
                          (iii) provisions for populations with special 
                        needs, keeping families together, and 
                        expeditious location of missing children; and
                          (iv) policies and provisions for pets.
                  (B) The preparedness and deployment of public health 
                and medical resources, including resources to address 
                the needs of evacuees and populations with special 
                needs.
                  (C) The coordination of interagency search and rescue 
                operations, including land, water, and airborne search 
                and rescue operations.
                  (D) The roles and responsibilities of the Senior 
                Federal Law Enforcement Official with respect to other 
                law enforcement entities.
                  (E) The protection of critical infrastructure.
                  (F) The coordination of maritime salvage efforts 
                among relevant agencies.
                  (G) The coordination of Department of Defense and 
                National Guard support of civilian authorities.
                  (H) To the extent practicable, the utilization of 
                Department of Defense, National Air and Space 
                Administration, National Oceanic and Atmospheric 
                Administration, and commercial aircraft and satellite 
                remotely sensed imagery.
                  (I) The coordination and integration of support from 
                the private sector and nongovernmental organizations.
                  (J) The safe disposal of debris, including hazardous 
                materials, and, when practicable, the recycling of 
                debris.
                  (K) The identification of the required surge 
                capacity.
                  (L) Specific provisions for the recovery of affected 
                geographic areas.
  (c) Mission Assignments.--To expedite the provision of assistance 
under the National Response Plan, the President shall ensure that the 
Administrator, in coordination with Federal agencies with 
responsibilities under the National Response Plan, develops pre-
scripted mission assignments, including logistics, communications, mass 
care, health services, and public safety.
  (d) Certification.--The President shall certify to the Committee on 
Homeland Security and Governmental Affairs of the Senate and the 
Committee on Homeland Security and the Committee on Transportation and 
Infrastructure of the House of Representatives on an annual basis that 
each Federal agency with responsibilities under the National Response 
Plan complies with subsections (a) and (b).
  (e) Construction.--Nothing in this section shall be construed to 
limit the authority of the Secretary of Defense with regard to--
          (1) the command, control, training, planning, equipment, 
        exercises, or employment of Department of Defense forces; or
          (2) the allocation of Department of Defense resources.
Sec. 20514. Use of existing resources
  In establishing the national preparedness goal and national 
preparedness system, the Administrator shall use existing preparedness 
documents, planning tools, and guidelines to the extent practicable and 
consistent with this subtitle.

                 Subchapter II--Additional Preparedness

Sec. 20521. Emergency Management Assistance Compact grants
  (a) In General.--The Administrator may make grants to administer the 
Emergency Management Assistance Compact consented to by the Joint 
Resolution entitled ``Joint Resolution granting the consent of Congress 
to the Emergency Management Assistance Compact'' (Public Law 104-321, 
110 Stat. 3877).
  (b) Uses.--A grant under this section shall be used--
          (1) to carry out recommendations identified in the Emergency 
        Management Assistance Compact after-action reports for the 2004 
        and 2005 hurricane season;
          (2) to administer compact operations on behalf of all member 
        States and territories;
          (3) to continue coordination with the Agency and appropriate 
        Federal agencies;
          (4) to continue coordination with State, local, and tribal 
        government entities and their respective national 
        organizations; and
          (5) to assist State and local governments, emergency response 
        providers, and organizations representing the providers with 
        credentialing emergency response providers and the typing of 
        emergency response resources.
  (c) Coordination.--The Administrator shall consult with the 
Administrator of the Emergency Management Assistance Compact to ensure 
effective coordination of efforts in responding to requests for 
assistance.
Sec. 20522. Emergency Management Performance Grants Program
  (a) Definitions.--In this section:
          (1) Program.--The term ``program'' means the emergency 
        management performance grants program described in subsection 
        (b).
          (2) State.--The term ``State'' has the meaning given that 
        term in section 102 of the Robert T. Stafford Disaster Relief 
        and Emergency Assistance Act (42 U.S.C. 5122).
  (b) In General.--The Administrator shall continue implementation of 
an emergency management performance grants program to make grants to 
States to assist State, local, and tribal governments in preparing for 
all hazards, as authorized by the Robert T. Stafford Disaster Relief 
and Emergency Assistance Act (42 U.S.C. 5121 et seq.).
  (c) Federal Share.--Except as otherwise specifically provided by 
title VI of the Robert T. Stafford Disaster Relief and Emergency 
Assistance Act (42 U.S.C. 5195 et seq.), the Federal share of the cost 
of an activity carried out using funds made available under the program 
shall not exceed 50 percent.
  (d) Apportionment.--The Administrator shall apportion the amounts 
appropriated each fiscal year to carry out the program among the States 
as follows:
          (1) The Administrator shall first apportion 0.25 percent of 
        the amounts to each of American Samoa, the Northern Mariana 
        Islands, Guam, and the Virgin Islands and 0.75 percent of the 
        amounts to each of the remaining States.
          (2) The Administrator shall apportion the remainder of the 
        amounts in the ratio that--
                  (A) the population of each State; bears to
                  (B) the population of all States.
Sec. 20523. Training for emergency response providers from Federal 
                    Government, foreign governments, or private 
                    entities
  (a) In General.--The Center for Domestic Preparedness may provide 
training to emergency response providers from the Federal Government, 
foreign governments, or private entities if the Center for Domestic 
Preparedness is reimbursed for the cost of the training. Any 
reimbursement under this subsection shall be credited to the account 
from which the expenditure being reimbursed was made and is available, 
without fiscal year limitation, for the purposes for which amounts in 
the account may be expended.
  (b) Training Not To Interfere With Primary Mission.--The head of the 
Center for Domestic Preparedness shall ensure that any training 
provided under subsection (a) does not interfere with the primary 
mission of the Center for Domestic Preparedness to train State and 
local emergency response providers.
  (c) Training Federal Emergency Management Agency Employees.--Subject 
to subsection (b), subsection (a) does not prohibit the Center for 
Domestic Preparedness from providing training to employees of the 
Agency in existing chemical, biological, radiological, nuclear, 
explosives, mass casualty, and medical surge courses pursuant to 5 
U.S.C. 4103 without reimbursement for the cost of the training.
Sec. 20524. National exercise simulation center
  The President shall establish a national exercise simulation center 
that--
          (1) uses a mix of live, virtual, and constructive simulations 
        to--
                  (A) prepare elected officials, emergency managers, 
                emergency response providers, and emergency support 
                providers at all levels of government to operate 
                cohesively;
                  (B) provide a learning environment for the homeland 
                security personnel of all Federal agencies;
                  (C) assist in the development of operational 
                procedures and exercises, particularly those based on 
                catastrophic incidents; and
                  (D) allow incident commanders to exercise decision-
                making in a simulated environment; and
          (2) uses modeling and simulation for training, exercises, and 
        command and control functions at the operational level.
Sec. 20525. Real property transactions
  (a) Application.--This section applies only to real property in the 
States, the District of Columbia, and Puerto Rico. It does not apply to 
real property for river and harbor projects or flood control projects, 
or to leases of Government-owned real property for agricultural or 
grazing purposes.
  (b) Reports to Armed Services Committees Before Transaction May Be 
Entered Into.--
          (1) Transactions that may not be entered into before 
        expiration of period after report is submitted.--The Director 
        of the Office of Civil and Defense Mobilization, or the 
        designee of the Director, may not enter into any of the 
        following listed transactions by or for the use of the Office 
        until after the expiration of 30 days from the date on which a 
        report of the facts concerning the proposed transaction is 
        submitted to the Committees on Armed Services of the Senate and 
        House of Representatives:
                  (A) An acquisition of fee title to any real property, 
                if the estimated price is more than $50,000.
                  (B) A lease of real property to the United States, if 
                the estimated annual rental is more than $50,000.
                  (C) A lease of real property owned by the United 
                States, if the estimated annual rental is more than 
                $50,000.
                  (D) A transfer of real property owned by the United 
                States to another Federal agency or to a State, if the 
                estimated value is more than $50,000.
                  (E) A report of excess real property owned by the 
                United States to a disposal agency, if the estimated 
                value is more than $50,000.
          (2) Summary of general plan required for certain 
        transactions.--If a transaction covered by clause (A) or (B) of 
        paragraph (1) is part of a project, the report must include a 
        summarization of the general plan for that project, including 
        an estimate of the total cost of the lands to be acquired or 
        leases to be made.
  (c) Annual Reports to Armed Services Committees.--The Director of the 
Office of Civil and Defense Mobilization shall report annually to the 
Committees on Armed Services of the Senate and the House of 
Representatives on transactions described in subsection (a) that 
involve an estimated value of more than $5,000 but not more than 
$50,000.
  (d) Statement of Compliance is Conclusive.--A statement in an 
instrument of conveyance, including a lease, that the requirements of 
this section have been met, or that the conveyance is not subject to 
this section, is conclusive.

               Subchapter III--Miscellaneous Authorities

Sec. 20531. National Disaster Recovery Strategy
  (a) In General.--The Administrator, in coordination with the 
Secretary of Housing and Urban Development, the Administrator of the 
Environmental Protection Agency, the Secretary of Agriculture, the 
Secretary of Commerce, the Secretary of the Treasury, the Secretary of 
Transportation, the Administrator of the Small Business Administration, 
the Assistant Secretary for Indian Affairs of the Department of the 
Interior, and the heads of other appropriate Federal agencies, State, 
local, and tribal government officials (including through the National 
Advisory Council), and representatives of appropriate nongovernmental 
organizations, shall develop, coordinate, and maintain a National 
Disaster Recovery Strategy to serve as a guide to recovery efforts 
after major disasters and emergencies.
  (b) Contents.--The National Disaster Recovery Strategy shall--
          (1) outline the most efficient and cost-effective Federal 
        programs that will meet the recovery needs of States, local and 
        tribal governments, and individuals and households affected by 
        a major disaster;
          (2) clearly define the role, programs, authorities, and 
        responsibilities of each Federal agency that may be of 
        assistance in providing assistance in the recovery from a major 
        disaster;
          (3) promote the use of the most appropriate and cost-
        effective building materials (based on the hazards present in 
        an area) in an area affected by a major disaster, with the goal 
        of encouraging the construction of disaster-resistant 
        buildings; and
          (4) describe in detail the programs that may be offered by 
        the agencies described in paragraph (2), including--
                  (A) discussing funding issues;
                  (B) detailing how responsibilities under the National 
                Disaster Recovery Strategy will be shared; and
                  (C) addressing other matters concerning the 
                cooperative effort to provide recovery assistance.
  (c) Report.--
          (1) In general.--The Administrator shall submit to the 
        appropriate committees of Congress a report describing in 
        detail the National Disaster Recovery Strategy and any 
        additional authorities necessary to implement any portion of 
        the National Disaster Recovery Strategy.
          (2) Update.--The Administrator shall submit to the 
        appropriate committees of Congress a report updating the report 
        submitted under paragraph (1)--
                  (A) on the same date that any change is made to the 
                National Disaster Recovery Strategy; and
                  (B) on a periodic basis after the submission of the 
                report under paragraph (1), but not less than once 
                every 5 years after the date of the submission.
Sec. 20532. National Disaster Housing Strategy
  (a) In General.--The Administrator, in coordination with 
representatives of the Federal agencies, governments, and organizations 
listed in subsection (b)(2) of this section, the National Advisory 
Council, the National Council on Disability, and other entities at the 
Administrator's discretion, shall develop, coordinate, and maintain a 
National Disaster Housing Strategy.
  (b) Contents.--The National Disaster Housing Strategy shall--
          (1) outline the most efficient and cost-effective Federal 
        programs that will best meet the short-term and long-term 
        housing needs of individuals and households affected by a major 
        disaster;
          (2) clearly define the role, programs, authorities, and 
        responsibilities of each entity in providing housing assistance 
        in the event of a major disaster, including--
                  (A) the Agency;
                  (B) the Department of Housing and Urban Development;
                  (C) the Department of Agriculture;
                  (D) the Department of Veterans Affairs;
                  (E) the Department of Health and Human Services;
                  (F) the Bureau of Indian Affairs;
                  (G) any other Federal agency that may provide housing 
                assistance in the event of a major disaster;
                  (H) the American Red Cross; and
                  (I) State, local, and tribal governments;
          (3) describe in detail the programs that may be offered by 
        the entities described in paragraph (2), including--
                  (A) outlining any funding issues;
                  (B) detailing how responsibilities under the National 
                Disaster Housing Strategy will be shared; and
                  (C) addressing other matters concerning the 
                cooperative effort to provide housing assistance during 
                a major disaster;
          (4) consider methods through which housing assistance can be 
        provided to individuals and households where employment and 
        other resources for living are available;
          (5) describe programs directed to meet the needs of special-
        needs and low-income populations and ensure that a sufficient 
        number of housing units are provided for individuals with 
        disabilities;
          (6) describe plans for the operation of clusters of housing 
        provided to individuals and households, including access to 
        public services, site management, security, and site density;
          (7) describe plans for promoting the repair or rehabilitation 
        of existing rental housing, including through lease agreements 
        or other means, in order to improve the provision of housing to 
        individuals and households under section 408 of the Robert T. 
        Stafford Disaster Relief and Emergency Assistance Act (42 
        U.S.C. 5174); and
          (8) describe any additional authorities necessary to carry 
        out any portion of the strategy.
  (c) Guidance.--The Administrator should develop and make publicly 
available guidance on--
          (1) types of housing assistance available under the Robert T. 
        Stafford Disaster Relief and Emergency Assistance Act (42 
        U.S.C. 5121 et seq.) to individuals and households affected by 
        an emergency or major disaster;
          (2) eligibility for assistance (including, where appropriate, 
        the continuation of assistance); and
          (3) application procedures for assistance.
  (d) Report.--
          (1) In general.--The Administrator shall submit to the 
        appropriate committees of Congress a report describing in 
        detail the National Disaster Housing Strategy, including 
        programs directed to meeting the needs of populations with 
        special needs.
          (2) Update.--The Administrator shall submit to the 
        appropriate committees of Congress a report updating the report 
        submitted under paragraph (1)--
                  (A) on the same date that any change is made to the 
                National Disaster Housing Strategy; and
                  (B) on a periodic basis after the submission of the 
                report under paragraph (1), but not less than once 
                every 5 years after the date of the submission.
Sec. 20533. Individuals with disabilities guidelines
  The Administrator, in coordination with the National Advisory 
Council, the National Council on Disability, the Interagency 
Coordinating Council on Emergency Preparedness and Individuals With 
Disabilities established under Executive Order No. 13347 (69 Fed. Reg. 
44573), and the Disability Coordinator (established under section 11113 
of this title), shall develop guidelines to accommodate individuals 
with disabilities, which shall include guidelines for--
          (1) the accessibility of, and communications and programs in, 
        shelters, recovery centers, and other facilities; and
          (2) devices used in connection with disaster operations, 
        including first aid stations, mass feeding areas, portable 
        payphone stations, portable toilets, and temporary housing.
Sec. 20534. Reunification
  (a) Definitions.--In this section:
          (1) Child locator center.--The term ``Child Locator Center'' 
        means the National Emergency Child Locator Center established 
        under subsection (b).
          (2) Declared event.--The term ``declared event'' means a 
        major disaster or emergency.
          (3) Displaced adult.--The term ``displaced adult'' means an 
        individual 21 years of age or older who is displaced from the 
        habitual residence of that individual as a result of a declared 
        event.
          (4) Displaced child.--The term ``displaced child'' means an 
        individual under 21 years of age who is displaced from the 
        habitual residence of that individual as a result of a declared 
        event.
  (b) National Emergency Child Locator Center.--
          (1) In general.--The Administrator, in coordination with the 
        Attorney General of the United States, shall establish in the 
        National Center for Missing and Exploited Children the National 
        Emergency Child Locator Center. In establishing the Child 
        Locator Center, the Secretary shall establish procedures to 
        make all relevant information available to the Child Locator 
        Center in a timely manner to facilitate the expeditious 
        identification and reunification of children with their 
        families.
          (2) Purposes.--The purposes of the Child Locator Center are 
        to--
                  (A) enable individuals to provide to the Child 
                Locator Center the name of and other identifying 
                information about a displaced child or a displaced 
                adult who may have information about the location of a 
                displaced child;
                  (B) enable individuals to receive information about 
                other sources of information about displaced children 
                and displaced adults; and
                  (C) assist law enforcement in locating displaced 
                children.
          (3) Responsibilities and duties.--The responsibilities and 
        duties of the Child Locator Center are to--
                  (A) establish a toll-free telephone number to receive 
                reports of displaced children and information about 
                displaced adults that may assist in locating displaced 
                children;
                  (B) create a website to provide information about 
                displaced children;
                  (C) deploy its staff to the location of a declared 
                event to gather information about displaced children;
                  (D) assist in the reunification of displaced children 
                with their families;
                  (E) provide information to the public about 
                additional resources for disaster assistance;
                  (F) work in partnership with Federal, State, and 
                local law enforcement agencies;
                  (G) provide technical assistance in locating 
                displaced children;
                  (H) share information on displaced children and 
                displaced adults with governmental agencies and 
                nongovernmental organizations providing disaster 
                assistance;
                  (I) use its resources to gather information about 
                displaced children;
                  (J) refer reports of displaced adults to--
                          (i) an entity designated by the Attorney 
                        General to provide technical assistance in 
                        locating displaced adults; and
                          (ii) the National Emergency Family Registry 
                        and Locator System established under section 
                        20535(b) of this title;
          (K) enter into cooperative agreements with Federal and State 
        agencies and other organizations such as the American Red Cross 
        as necessary to implement the mission of the Child Locator 
        Center; and
          (L) develop an emergency response plan to prepare for the 
        activation of the Child Locator Center.
Sec. 20535. National Emergency Family Registry and Locator System
  (a) Definition of Displaced Individual.--In this section, the term 
``displaced individual'' means an individual displaced by an emergency 
or major disaster.
  (b) Establishment.--The Administrator shall establish a National 
Emergency Family Registry and Locator System to help reunify families 
separated after an emergency or major disaster.
  (c) Operation.--The National Emergency Family Registry and Locator 
System shall--
          (1) allow a displaced adult (including a medical patient) to 
        voluntarily register (and allow an adult that is the parent or 
        guardian of a displaced child to register the child), by 
        submitting personal information to be entered into a database 
        (such as the name, current location of residence, and any other 
        relevant information that could be used by others seeking to 
        locate that individual);
          (2) ensure that information submitted under paragraph (1) is 
        accessible to those individuals named by a displaced individual 
        and to law enforcement officials;
          (3) be accessible through the Internet and through a toll-
        free number, to receive reports of displaced individuals; and
          (4) include a means of referring displaced children to the 
        National Emergency Child Locator Center established under 
        section 20534(b) of this title.
  (d) Informing the Public.--The Administrator shall establish a 
mechanism to inform the public about the National Emergency Family 
Registry and Locator System and its potential to assist in reunifying 
displaced individuals with their families.
  (e) Coordination.--The Administrator shall enter into a memorandum of 
understanding with the Department of Justice, the National Center for 
Missing and Exploited Children, the Department of Health and Human 
Services, and the American Red Cross and other relevant private 
organizations that will enhance the sharing of information to 
facilitate reunifying displaced individuals (including medical 
patients) with their families.

           Chapter 207--Prevention of Fraud, Waste, 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.
20705.  Fraud, waste, and abuse controls.
20706.  Registry of disaster response contractors.
20707.  Fraud prevention training program.
Sec. 20701. Advance contracting
  (a) Entering Into Contracts.--
          (1) In general.--The Administrator shall enter into 1 or more 
        contracts for recurring disaster response requirements, 
        including specific goods and services, for which the Agency is 
        capable of contracting in advance of a natural disaster or act 
        of terrorism or other man-made disaster in a cost-effective 
        manner, using a contracting strategy that maximizes the use of 
        advance contracts to the extent practical and cost-effective. A 
        previously awarded contract for goods or services may be 
        maintained in fulfilling this requirement.
          (2) Considered factors.--Before entering into any contract 
        under this subsection, the Administrator shall consider section 
        307 of the Robert T. Stafford Disaster Relief and Emergency 
        Assistance Act (42 U.S.C. 5150).
          (3) Pre-negotiated federal contracts for goods and 
        services.--The Administrator, in coordination with State and 
        local governments and other Federal agencies, shall establish a 
        process to ensure that Federal pre-negotiated contracts for 
        goods and services are coordinated with State and local 
        governments, as appropriate.
          (4) Pre-negotiated state and local contracts for goods and 
        services.--The Administrator shall encourage State and local 
        governments to establish pre-negotiated contracts with vendors 
        for goods and services in advance of natural disasters and acts 
        of terrorism or other man-made disasters.
  (b) Maintenance of Contracts.--The Administrator is responsible for 
maintaining contracts for appropriate levels of goods and services in 
accordance with a contracting strategy that maximizes the use of 
advance contracts to the extent practical and cost-effective.
  (c) Report on Contracts not Using Competitive Procedures.--At the end 
of each fiscal quarter, the Administrator shall submit a report on each 
disaster assistance contract entered into by the Agency by other than 
competitive procedures to the appropriate committees of Congress.
Sec. 20702. Limitations on tiering of subcontractors
  (a) Application.--This section applies to any cost-reimbursement type 
contract or task or delivery order in an amount greater than the 
simplified acquisition threshold (as defined by section 134 of title 
41) entered into by the Department to facilitate response to or 
recovery from a natural disaster or act of terrorism or other man-made 
disaster.
  (b) Regulations.--The Administrator shall promulgate regulations 
applicable to contracts described in subsection (a) to minimize the 
excessive use by contractors of subcontractors or tiers of 
subcontractors to perform the principal work of the contract.
  (c) Specific Requirement.--At a minimum, the regulations promulgated 
under subsection (b) shall preclude a contractor from using 
subcontracts for more than 65 percent of the cost of the contract or 
the cost of any individual task or delivery order (not including 
overhead and profit), unless the Secretary determines that this 
requirement is not feasible or practicable.
Sec. 20703. Oversight and accountability of Federal disaster 
                    expenditures
  (a) Definition of Oversight Funds.--In this section, the term 
``oversight funds'' means funds referred to in subsection (b) that are 
designated for use in performing oversight activities.
  (b) Authority of Administrator To Designate Funds for Oversight 
Activities.--The Administrator may designate up to 1 percent of the 
total amount provided to a Federal agency for a mission assignment as 
oversight funds to be used by the recipient agency for performing 
oversight of activities carried out under the Agency reimbursable 
mission assignment process. The funds are available until expended.
  (c) Use of Funds.--
          (1) Types of oversight activities.--Oversight funds may be 
        used for the following types of oversight activities related to 
        Agency mission assignments:
                  (A) Monitoring, tracking, and auditing expenditures 
                of funds.
                  (B) Ensuring that sufficient management and internal 
                control mechanisms are available so that Agency funds 
                are spent appropriately and in accordance with all 
                applicable laws and regulations.
                  (C) Reviewing selected contracts and other 
                activities.
                  (D) Investigating allegations of fraud involving 
                Agency funds.
                  (E) Conducting and participating in fraud prevention 
                activities with other Federal, State, and local 
                government personnel and contractors.
          (2) Plans and reports.--Oversight funds may be used to issue 
        the plans required under subsection (f) and the reports 
        required under subsection (g).
  (d) Restriction on Use of Funds.--Oversight funds may not be used to 
finance existing agency oversight responsibilities related to direct 
agency appropriations used for disaster response, relief, and recovery 
activities.
  (e) Methods of Oversight Activities.--
          (1) In general.--Oversight activities may be carried out by 
        an agency under this section either directly or by contract. 
        The activities may include evaluations and financial and 
        performance audits.
          (2) Coordination of oversight activities.--To the extent 
        practicable, evaluations and audits under this section shall be 
        performed by the inspector general of the agency.
  (f) Development of Oversight Plans.--
          (1) In general.--If an agency receives oversight funds for a 
        fiscal year, the head of the agency shall prepare a plan 
        describing the oversight activities for disaster response, 
        relief, and recovery anticipated to be undertaken during the 
        subsequent fiscal year.
          (2) Selection of oversight activities.--In preparing the 
        plan, the head of the agency shall select oversight activities 
        based upon a risk assessment of those areas that present the 
        greatest risk of fraud, waste, and abuse.
          (3) Schedule.--The plan shall include a schedule for 
        conducting oversight activities, including anticipated dates of 
        completion.
  (g) Federal Disaster Assistance Accountability Reports.--An agency 
receiving oversight funds under this section shall submit annually to 
the Administrator and the appropriate committees of Congress a 
consolidated report regarding the use of the funds, including 
information summarizing oversight activities and the results achieved.
Sec. 20704. Limitation on length of certain noncompetitive contracts
  (a) Covered Contracts.--This section applies to any contract in an 
amount greater than the simplified acquisition threshold (as defined by 
section 134 of title 41) entered into by the Department to facilitate 
response to or recovery from a natural disaster, act of terrorism, or 
other man-made disaster.
  (b) Regulations.--The Secretary shall promulgate regulations 
applicable to contracts described in subsection (a) to restrict the 
contract period of a contract entered into using procedures other than 
competitive procedures pursuant to the exception provided in section 
3304(a)(2) of title 41 to the minimum contract period necessary--
          (1) to meet the urgent and compelling requirements of the 
        work to be performed under the contract; and
          (2) to enter into another contract for the required goods or 
        services through the use of competitive procedures.
  (c) Specific Contract Period.--The regulations promulgated under 
subsection (b) shall require the contract period to not exceed 150 
days, unless the Secretary determines that exceptional circumstances 
apply.
Sec. 20705. Fraud, waste, and abuse controls
  (a) In General.--The Administrator shall ensure that--
          (1) all programs in the Agency administering Federal disaster 
        relief assistance develop and maintain proper internal 
        management controls to prevent and detect fraud, waste, and 
        abuse;
          (2) application databases are used by the Agency to collect 
        information on eligible recipients record disbursements;
          (3) tracking to prevent and detect fraud, waste, and abuse is 
        designed to highlight and identify ineligible applications; and
          (4) the databases used to collect information from 
        applications for assistance are integrated with disbursements 
        and payment records.
  (b) Audits and Reviews Required.--The Administrator shall ensure that 
any database or similar application processing system for Federal 
disaster relief assistance programs administered by the Agency 
undergoes a review by the Inspector General of the Department to 
determine the existence and implementation of internal controls 
required under this section and section 408(i) of the Robert T. 
Stafford Disaster Relief and Emergency Assistance Act (42 U.S.C. 
5174(i)).
Sec. 20706. Registry of disaster response contractors
  (a) Definitions.--In this section, the terms ``small business 
concern'', ``small business concern owned and controlled by service-
disabled veterans'', ``small business concern owned and controlled by 
socially and economically disadvantaged individuals'', and ``small 
business concern owned and controlled by women'' have the meanings 
given the terms under the Small Business Act (15 U.S.C. 631 et seq.).
  (b) Registry.--
          (1) In general.--The Administrator shall establish and 
        maintain a registry of contractors who are willing to perform 
        debris removal, distribution of supplies, reconstruction, and 
        other disaster or emergency relief activities.
          (2) Contents.--The registry shall include, for each business 
        concern--
                  (A) the name of the business concern;
                  (B) the location of the business concern;
                  (C) the area served by the business concern;
                  (D) the type of good or service provided by the 
                business concern;
                  (E) the bonding level of the business concern; and
                  (F) whether the business concern is--
                          (i) a small business concern;
                          (ii) a small business concern owned and 
                        controlled by socially and economically 
                        disadvantaged individuals;
                          (iii) a small business concern owned and 
                        controlled by women; or
                          (iv) a small business concern owned and 
                        controlled by service-disabled veterans.
          (3) Source of information.--
                  (A) Submission.--Information maintained in the 
                registry shall be submitted on a voluntary basis and be 
                kept current by the submitting business concerns.
                  (B) Attestation.--Each business concern submitting 
                information to the registry shall submit--
                          (i) an attestation that the information is 
                        true; and
                          (ii) documentation supporting the 
                        attestation.
                  (C) Verification.--The Administrator shall verify 
                that the documentation submitted by each business 
                concern supports the information submitted by that 
                business concern.
          (4) Availability.--The registry shall be made generally 
        available on the Internet site of the Agency.
          (5) Consultation of registry as part of acquisition 
        planning.--A Federal agency shall consult the registry as part 
        of the acquisition planning for contracting for debris removal, 
        distribution of supplies in a disaster, reconstruction, and 
        other disaster or emergency relief activities.
Sec. 20707. Fraud prevention training program
  The Administrator shall develop and implement a program to provide 
training on the prevention of waste, fraud, and abuse of Federal 
disaster relief assistance relating to the response to or recovery from 
natural disasters and acts of terrorism or other man-made disasters and 
ways to identify potential waste, fraud, and abuse.

            Subtitle III-- Port Security and Accountability

                          Chapter 301--General

Sec.
30101.  Definitions.
Sec. 30101. Definitions
  In this subtitle:
          (1) Appropriate congressional committees.--Except as 
        otherwise provided, the term ``appropriate congressional 
        committees'' means--
                  (A) the Committee on Appropriations of the Senate;
                  (B) the Committee on Commerce, Science, and 
                Transportation of the Senate;
                  (C) the Committee on Finance of the Senate;
                  (D) the Committee on Homeland Security and 
                Governmental Affairs of the Senate;
                  (E) the Committee on Appropriations of the House of 
                Representatives;
                  (F) the Committee on Homeland Security of the House 
                of Representatives;
                  (G) the Committee on Transportation and 
                Infrastructure of the House of Representatives;
                  (H) the Committee on Ways and Means of the House of 
                Representatives; and
                  (I) other congressional committees, as appropriate.
          (2) Commercial operations advisory committee.--The term 
        ``Commercial Operations Advisory Committee'' means the Advisory 
        Committee established under section 9503(c) of the Omnibus 
        Budget Reconciliation Act of 1987 (Public Law 100-203, 19 
        U.S.C. 2071 note) or any successor committee.
          (3) Commercial seaport personnel.--The term ``commercial 
        seaport personnel'' includes any person engaged in an activity 
        relating to the loading or unloading of cargo or passengers, 
        the movement or tracking of cargo, the maintenance and repair 
        of intermodal equipment, the operation of cargo-related 
        equipment (whether or not integral to the vessel), and the 
        handling of mooring lines on the dock when a vessel is made 
        fast or let go in the United States.
          (4) Commissioner.--The term ``Commissioner'' means the 
        Commissioner responsible for U.S. Customs and Border 
        Protection.
          (5) Container.--The term ``container'' has the meaning given 
        the term in the International Convention for Safe Containers, 
        with annexes, done at Geneva, December 2, 1972 (29 UST 3707).
          (6) Container security device.--The term ``container security 
        device'' means a device, or system--
                  (A) designed, at a minimum--
                          (i) to identify positively a container;
                          (ii) to detect and record unauthorized 
                        intrusion into a container; and
                          (iii) to secure a container against tampering 
                        throughout the supply chain; and
                  (B) that has a low false alarm rate, as determined by 
                the Secretary.
          (7) Department.--The term ``Department'' means the Department 
        of Homeland Security.
          (8) Examination.--The term ``examination'' means an 
        inspection of cargo to detect the presence of mis-declared, 
        restricted, or prohibited items that utilizes nonintrusive 
        imaging and detection technology.
          (9) Inspection.--The term ``inspection'' means the 
        comprehensive process used by U.S. Customs and Border 
        Protection--
                  (A) to assess goods entering the United States to 
                appraise them for duty purposes, to detect the presence 
                of restricted or prohibited items, and to ensure 
                compliance with all applicable laws; and
                  (B) that may include screening, conducting an 
                examination, or conducting a search.
          (10) International supply chain.--The term ``international 
        supply chain'' means the end-to-end process for shipping goods 
        to or from the United States beginning at the point of origin 
        (including manufacturer, supplier, or vendor) through a point 
        of distribution to the destination.
          (11) Radiation detection equipment.--The term ``radiation 
        detection equipment'' means any technology that is capable of 
        detecting or identifying nuclear and radiological material or 
        nuclear and radiological explosive devices.
          (12) Scan.--The term ``scan'' means utilizing nonintrusive 
        imaging equipment, radiation detection equipment, or both, to 
        capture data, including images of a container.
          (13) Screening.--The term ``screening'' means a visual or 
        automated review of information about goods, including manifest 
        or entry documentation accompanying a shipment being imported 
        into the United States, to determine the presence of mis-
        declared, restricted, or prohibited items and assess the level 
        of threat posed by the affected cargo.
          (14) Search.--The term ``search'' means an intrusive 
        examination in which a container is opened and its contents are 
        devanned and visually inspected for the presence of mis-
        declared, restricted, or prohibited items.
          (15) Secretary.--The term ``Secretary'' means the Secretary 
        of Homeland Security.
          (16) Transportation disruption.--The term ``transportation 
        disruption'' means any significant delay, interruption, or 
        stoppage in the flow of trade caused by a natural disaster, 
        heightened threat level, act of terrorism, or transportation 
        security incident.
          (17) Transportation security incident.--The term 
        ``transportation security incident'' has the meaning given the 
        term in section 70101(6) of title 46.

            Chapter 303--Security of United States 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.
Sec. 30301. Port Security Exercise Program
  (a) In General.--The Secretary, acting through the Administrator of 
the Federal Emergency Management Agency and in coordination with the 
Commandant of the Coast Guard, shall establish a Port Security Exercise 
Program (in this section referred to as the ``Exercise Program'') to 
test and evaluate the capabilities of Federal, State, local, and 
foreign governments, commercial seaport personnel and management, 
governmental and nongovernmental emergency response providers, the 
private sector, or any other organization or entity, as the Secretary 
determines to be appropriate, to prevent, prepare for, mitigate 
against, respond to, and recover from acts of terrorism, natural 
disasters, and other emergencies at facilities required to submit a 
plan under section 70103(c) of title 46.
  (b) Requirements.--The Secretary shall ensure that the Exercise 
Program--
          (1) conducts, on a periodic basis, port security exercises at 
        the facilities that are--
                  (A) scaled and tailored to the needs of each 
                facility;
                  (B) live, in the case of the most at-risk facilities;
                  (C) as realistic as practicable and based on current 
                risk assessments, including credible threats, 
                vulnerabilities, and consequences;
                  (D) consistent with the National Incident Management 
                System, the National Response Plan, the National 
                Infrastructure Protection Plan, the National 
                Preparedness Guidance, the National Preparedness Goal, 
                the National Maritime Transportation Security Plan, and 
                other national initiatives;
                  (E) evaluated against clear and consistent 
                performance measures;
                  (F) assessed to learn best practices, which shall be 
                shared with appropriate Federal, State, and local 
                officials, commercial seaport personnel and management, 
                governmental and nongovernmental emergency response 
                providers, and the private sector; and
                  (G) followed by remedial action in response to 
                lessons learned; and
          (2) assists State and local governments and facilities in 
        designing, implementing, and evaluating exercises that--
                  (A) conform to the requirements of paragraph (1); and
                  (B) are consistent with any applicable Area Maritime 
                Transportation Security Plan and State or Urban Area 
                Homeland Security Plan.
  (c) Improvement Plan.--The Secretary shall establish a port security 
exercise improvement plan process to--
          (1) identify and analyze each port security exercise for 
        lessons learned and best practices;
          (2) disseminate lessons learned and best practices to 
        participants in the Exercise Program;
          (3) monitor the implementation of lessons learned and best 
        practices by participants in the Exercise Program; and
          (4) conduct remedial action tracking and long-term trend 
        analysis.
Sec. 30302. Facility exercise requirements
  The Secretary of the Department in which the Coast Guard is operating 
shall require each high-risk facility to conduct live or full-scale 
exercises described in section 105.220(c) of title 33, Code of Federal 
Regulations, not less frequently than once every 2 years, in accordance 
with the facility security plan required under section 70103(c) of 
title 46.
Sec. 30303. Domestic radiation detection and imaging
  (a) Scanning Containers.--Subject to section 318 of the Tariff Act of 
1930 (19 U.S.C. 1318), all containers entering the United States 
through the 22 ports through which the greatest volume of containers 
enter the United States by vessel shall be scanned for radiation. To 
the extent practicable, the Secretary shall deploy next-generation 
radiation detection technology.
  (b) Strategy.--The Secretary shall develop and implement a strategy 
for the deployment of radiation detection capabilities that includes--
          (1) a risk-based prioritization of ports of entry at which 
        radiation detection equipment will be deployed;
          (2) a proposed timeline of when radiation detection equipment 
        will be deployed at each port of entry identified under 
        paragraph (1);
          (3) the type of equipment to be used at each port of entry 
        identified under paragraph (1), including the joint deployment 
        and utilization of radiation detection equipment and 
        nonintrusive imaging equipment;
          (4) standard operating procedures for examining containers 
        with the equipment, including sensor alarming, networking, and 
        communications and response protocols;
          (5) operator training plans;
          (6) an evaluation of the environmental health and safety 
        impacts of nonintrusive imaging technology and a radiation risk 
        reduction plan, in consultation with the Nuclear Regulatory 
        Commission, the Occupational Safety and Health Administration, 
        and the National Institute for Occupational Safety and Health, 
        that seeks to minimize radiation exposure of workers and the 
        public to levels as low as reasonably achievable;
          (7) the policy of the Department for using nonintrusive 
        imaging equipment in tandem with radiation detection equipment; 
        and
          (8) a classified annex that--
                  (A) details plans for covert testing; and
                  (B) outlines the risk-based prioritization of ports 
                of entry identified under paragraph (1).
  (c) Expansion to Other United States Ports of Entry.--
          (1) In general.--The Secretary shall expand the strategy 
        developed under subsection (b), in a manner consistent with the 
        requirements of subsection (b), to provide for the deployment 
        of radiation detection capabilities at all other United States 
        ports of entry not covered by the strategy developed under 
        subsection (b).
          (2) Risk assessment.--In expanding the strategy under 
        paragraph (1), the Secretary shall identify and assess the 
        risks to those other ports of entry in order to determine what 
        equipment and practices will best mitigate the risks.
  (d) Standards.--The Secretary, acting through the Director for 
Domestic Nuclear Detection and in collaboration with the National 
Institute of Standards and Technology, shall publish technical 
capability standards and recommended standard operating procedures for 
the use of nonintrusive imaging and radiation detection equipment in 
the United States. The standards and procedures--
          (1) should take into account relevant standards and 
        procedures utilized by other Federal departments or agencies as 
        well as those developed by international bodies; and
          (2) shall not be designed so as to endorse specific companies 
        or create sovereignty conflicts with participating countries.
  (e) Intermodal Rail Radiation Detection Test Center.--
          (1) Establishment.--In accordance with subsection (b), and to 
        comply with this section, the Secretary shall establish an 
        Intermodal Rail Radiation Detection Test Center (in this 
        subsection referred to as the ``Test Center'').
          (2) Projects.--The Secretary shall conduct multiple, 
        concurrent projects at the Test Center to rapidly identify and 
        test concepts specific to the challenges posed by on-dock rail.
          (3) Location.--The Test Center shall be located in a public 
        port facility at which a majority of the containerized cargo is 
        directly laden from (or unladen to) on-dock, intermodal rail.
Sec. 30304. Integration of detection equipment and technologies
  The Secretary is responsible for ensuring that domestic chemical, 
biological, radiological, and nuclear detection equipment and 
technologies are integrated, as appropriate, with other border security 
systems and detection technologies.
Sec. 30305. Inspection of car ferries entering from abroad
  The Secretary, acting through the Commissioner, in coordination with 
the Secretary of State, and in cooperation with ferry operators and 
appropriate foreign government officials, shall seek to develop a plan 
for the inspection of passengers and vehicles before the passengers 
board, or the vehicles are loaded onto, a ferry bound for a United 
States facility required to submit a plan under section 70103(c) of 
title 46.
Sec. 30306. Random searches of containers
  The Secretary, acting through the Commissioner, shall develop and 
implement a plan, utilizing best practices for empirical scientific 
research design and random sampling, to conduct random searches of 
containers in addition to any targeted or pre-shipment inspection of 
the containers required by law or regulation or conducted under any 
other program conducted by the Secretary. Nothing in this section shall 
be construed to mean that implementation of the random sampling plan 
precludes additional searches of containers not inspected pursuant to 
the plan.
Sec. 30307. Threat assessment screening of port truck drivers
  The Secretary shall implement a threat assessment screening, 
including name-based checks against terrorist watch lists and 
immigration status checks, for all port truck drivers with access to 
secure areas of a port who have a commercial driver's license but do 
not have a current and valid hazardous materials endorsement issued 
under part 1572 of title 49, Code of Federal Regulations, that is the 
same as the threat assessment screening required for facility employees 
and longshoremen by the Commandant of the Coast Guard under Coast Guard 
Notice USCG-2006-24189 (71 Fed. Reg. 25066).
Sec. 30308. Center of Excellence for Maritime Domain Awareness
  (a) Establishment.--The Secretary shall establish a university-based 
Center for Excellence for Maritime Domain Awareness following the 
merit-review processes and procedures that have been established by the 
Secretary for selecting university program centers of excellence.
  (b) Duties.--The Center established under subsection (a) shall--
          (1) prioritize its activities based on the ``National Plan To 
        Improve Maritime Domain Awareness'' published by the Department 
        in October 2005;
          (2) recognize the extensive previous and ongoing work and 
        existing competence in the field of maritime domain awareness 
        at numerous academic and research institutions, such as the 
        Naval Postgraduate School;
          (3) leverage existing knowledge and continue development of a 
        broad base of expertise in academia and industry in maritime 
        domain awareness; and
          (4) provide educational, technical, and analytical assistance 
        to Federal agencies with responsibilities for maritime domain 
        awareness, including the Coast Guard, to focus on the need for 
        interoperability, information sharing, and common information 
        technology standards and architecture.

        Chapter 305--Security of the International 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.

                    Subchapter I--General Provisions

Sec. 30501. Strategic plan to enhance the security of the international 
                    supply chain
  (a) Strategic Plan.--The Secretary, in consultation with appropriate 
Federal, State, local, and tribal government agencies and private-
sector stakeholders responsible for security matters that affect or 
relate to the movement of containers through the international supply 
chain, shall develop, implement, and update, as appropriate, a 
strategic plan to enhance the security of the international supply 
chain.
  (b) Requirements.--The strategic plan required under subsection (a) 
shall--
          (1) describe the roles, responsibilities, and authorities of 
        Federal, State, local, and tribal government agencies and 
        private-sector stakeholders that relate to the security of the 
        movement of containers through the international supply chain;
          (2) identify and address gaps and unnecessary overlaps in the 
        roles, responsibilities, or authorities described in paragraph 
        (1);
          (3) identify and make recommendations regarding legislative, 
        regulatory, and organizational changes necessary to improve 
        coordination among the entities or to enhance the security of 
        the international supply chain;
          (4) provide measurable goals, including objectives, 
        mechanisms, and a schedule, for furthering the security of 
        commercial operations from point of origin to point of 
        destination;
          (5) build on available resources and consider costs and 
        benefits;
          (6) provide incentives for additional voluntary measures to 
        enhance cargo security, as recommended by the Commissioner;
          (7) consider the impact of supply chain security requirements 
        on small- and medium-sized companies;
          (8) include a process for sharing intelligence and 
        information with private-sector stakeholders to assist in their 
        security efforts;
          (9) identify a framework for prudent and measured response in 
        the event of a transportation security incident involving the 
        international supply chain;
          (10) provide protocols for the expeditious resumption of the 
        flow of trade under section 30502 of this title;
          (11) consider the linkages between supply chain security and 
        security programs in other systems of movement, including 
        travel security and terrorism finance programs; and
          (12) expand on and relate to existing strategies and plans, 
        including the National Response Plan, the National Maritime 
        Transportation Security Plan, the National Strategy for 
        Maritime Security, and the 8 supporting plans of the Strategy, 
        as required by Homeland Security Presidential Directive-13.
  (c) Consultation.--In developing protocols under subsection (b)(10), 
the Secretary shall consult with Federal, State, local, and private-
sector stakeholders, including the National Maritime Security Advisory 
Committee and the Commercial Operations Advisory Committee.
  (d) Communication.--To the extent practicable, the strategic plan 
developed under subsection (a) shall provide for coordination with, and 
lines of communication among, appropriate Federal, State, local, and 
private-sector stakeholders on law enforcement actions, intermodal 
rerouting plans, and other strategic infrastructure issues resulting 
from a transportation security incident or transportation disruption.
  (e) Utilization of Advisory Committees.--As part of the consultations 
described in subsection (a), the Secretary shall, to the extent 
practicable, utilize the Homeland Security Advisory Committee, the 
National Maritime Security Advisory Committee, and the Commercial 
Operations Advisory Committee to review, as necessary, the strategic 
plan and any subsequent updates to the strategic plan.
  (f) International Standards and Practices.--In furtherance of the 
strategic plan required under subsection (a), the Secretary is 
encouraged to consider proposed or established standards and practices 
of foreign governments and international organizations, including the 
International Maritime Organization, the World Customs Organization, 
the International Labor Organization, and the International 
Organization for Standardization, as appropriate, to establish 
standards and best practices for the security of containers moving 
through the international supply chain.
Sec. 30502. Post-incident resumption of trade
  (a) In General.--The Secretary shall develop and update, as 
necessary, protocols for the resumption of trade under section 
30501(b)(10) of this title in the event of a transportation disruption 
or a transportation security incident. The protocols shall include--
          (1) the identification of the appropriate initial incident 
        commander, if the Commandant of the Coast Guard is not the 
        appropriate individual, and lead departments, agencies, or 
        offices to execute the protocols;
          (2) a plan to redeploy resources and personnel, as necessary, 
        to reestablish the flow of trade;
          (3) a plan to provide training for the periodic instruction 
        of personnel of U.S. Customs and Border Protection, the Coast 
        Guard, and the Transportation Security Administration in trade 
        resumption functions and responsibilities; and
          (4) appropriate factors for establishing prioritization of 
        vessels and cargo determined by the President to be critical 
        for response and recovery, including factors relating to public 
        health, national security, and economic need.
  (b) Vessels.--In determining the prioritization of vessels accessing 
facilities (as defined under section 70101 of title 46), the Commandant 
of the Coast Guard may, to the extent practicable and consistent with 
the protocols and plans required under this section to ensure the safe 
and secure transit of vessels to ports in the United States after a 
transportation security incident, give priority to a vessel--
          (1) that has an approved security plan under section 70103(c) 
        of title 46, or a valid international ship security 
        certificate, as provided under part 104 of title 33, Code of 
        Federal Regulations;
          (2) that is manned by individuals who are described in 
        section 70105(b)(2)(B) of title 46; and
          (3) that is operated by validated participants in the 
        Customs-Trade Partnership Against Terrorism (in this chapter 
        referred to as ``C-TPAT'') program.
  (c) Cargo.--In determining the prioritization of the resumption of 
the flow of cargo and consistent with the protocols established under 
this section, the Commissioner may give preference to cargo--
          (1) entering a port of entry directly from a foreign seaport 
        designated under the Container Security Initiative;
          (2) from the supply chain of a validated C-TPAT participant 
        and other private-sector entities, as appropriate; or
          (3) that has undergone--
                  (A) a nuclear or radiological detection scan;
                  (B) an x-ray, density, or other imaging scan; and
                  (C) a system to positively identify the container at 
                the last port of departure prior to arrival in the 
                United States, which data has been evaluated and 
                analyzed by personnel of U.S. Customs and Border 
                Protection.
  (d) Coordination.--The Secretary shall ensure that there is 
appropriate coordination among the Commandant of the Coast Guard, the 
Commissioner, and other Federal officials following a maritime 
disruption or maritime transportation security incident in order to 
provide for the resumption of trade.
  (e) Communication.--Consistent with section 30501 of this title, the 
Commandant of the Coast Guard, the Commissioner, and other appropriate 
Federal officials shall promptly communicate any revised procedures or 
instructions intended for the private sector following a maritime 
disruption or maritime transportation security incident.
Sec. 30503. Automated targeting system
  (a) In General.--The Secretary, acting through the Commissioner, 
shall--
          (1) identify and seek the submission of data related to the 
        movement of a shipment of cargo through the international 
        supply chain; and
          (2) analyze the data described in paragraph (1) to identify 
        high-risk cargo for inspection.
  (b) Requirement.--The Secretary, acting through the Commissioner, 
shall require the electronic transmission to the Department of 
additional data elements for improved high-risk targeting, including 
appropriate security elements of entry data, as determined by the 
Secretary, to be provided as advanced information with respect to cargo 
destined for importation into the United States prior to loading of the 
cargo on vessels at foreign seaports.
  (c) Consideration.--The Secretary, acting through the Commissioner, 
shall--
          (1) consider the cost, benefit, and feasibility of--
                  (A) requiring additional non-manifest documentation;
                  (B) reducing the time period allowed by law for 
                revisions to a container cargo manifest;
                  (C) reducing the time period allowed by law for 
                submission of certain elements of entry data, for 
                vessel or cargo; and
                  (D) other actions the Secretary considers beneficial 
                for improving the information relied on for the 
                Automated Targeting System and any successor targeting 
                system in furthering the security and integrity of the 
                international supply chain; and
          (2) consult with stakeholders, including the Commercial 
        Operations Advisory Committee, and identify to them the need 
        for the information referred to in paragraph (1)(D), and the 
        appropriate timing of its submission.
  (d) Regulations.--The Secretary shall promulgate regulations to carry 
out this section. In promulgating regulations, the Secretary shall 
adhere to the parameters applicable to the development of regulations 
under section 343(a) of the Trade Act of 2002 (Public Law 107-210, 19 
U.S.C. 2071 note), including provisions relating to consultation, 
technology, analysis, use of information, confidentiality, and timing 
requirements.
  (e) System Improvements.--The Secretary, acting through the 
Commissioner, shall--
          (1) conduct, through an independent panel, a review of the 
        effectiveness and capabilities of the Automated Targeting 
        System;
          (2) consider future iterations of the Automated Targeting 
        System, which would incorporate smart features, such as more 
        complex algorithms and real-time intelligence, instead of 
        relying solely on rule sets that are periodically updated;
          (3) ensure that the Automated Targeting System has the 
        capability to electronically compare manifest and other 
        available data for cargo entered into or bound for the United 
        States to detect any significant anomalies between the data and 
        facilitate the resolution of the anomalies;
          (4) ensure that the Automated Targeting System has the 
        capability to electronically identify, compile, and compare 
        select data elements for cargo entered into or bound for the 
        United States following a maritime transportation security 
        incident, in order to efficiently identify cargo for increased 
        inspection or expeditious release; and
          (5) develop a schedule to address the recommendations of the 
        Comptroller General, the Inspector General of the Department of 
        the Treasury, and the Inspector General of the Department with 
        respect to the operation of the Automated Targeting System.
  (f) Secure Transmission of Certain Information.--All information 
required by the Department from supply chain partners shall be 
transmitted in a secure fashion, as determined by the Secretary, so as 
to protect the information from unauthorized access.
Sec. 30504. Container security standards and procedures
  (a) Establishment.--
          (1) In general.--The Secretary shall initiate a rulemaking 
        proceeding to establish minimum standards and procedures for 
        securing containers in transit to the United States.
          (2) Deadline for enforcement.--
                  (A) Enforcement of rule.--Not later than 2 years 
                after the date on which the standards and procedures 
                are established under paragraph (1), all containers 
                bound for ports of entry in the United States shall 
                meet the standards and procedures.
                  (B) Interim requirement.--If an interim final rule 
                issued pursuant to the proceeding described in 
                paragraph (1) was not issued by April 1, 2008--
                          (i) all containers in transit to the United 
                        States are required to meet the requirements of 
                        International Organization for Standardization 
                        Publicly Available Specification 17712 standard 
                        for sealing containers; and
                          (ii) the requirements of this subparagraph 
                        cease to be effective on the effective date of 
                        the interim final rule issued under this 
                        subsection.
  (b) Review and Enhancement.--The Secretary shall regularly review and 
enhance the standards and procedures established under subsection (a), 
as appropriate, based on tests of technologies as they become 
commercially available to detect container intrusion and the highest 
consequence threats, particularly weapons of mass destruction.
  (c) International Cargo Security Standards.--The Secretary, in 
consultation with the Secretary of State, the Secretary of Energy, and 
other Federal Government officials, as appropriate, and with the 
Commercial Operations Advisory Committee, the Homeland Security 
Advisory Committee, and the National Maritime Security Advisory 
Committee, is encouraged to promote and establish international 
standards for the security of containers moving through the 
international supply chain with foreign governments and international 
organizations, including the International Maritime Organization, the 
International Organization for Standardization, the International Labor 
Organization, and the World Customs Organization.
  (d) International Trade and Other Obligations.--In carrying out this 
section, the Secretary shall consult with appropriate Federal 
departments and agencies and private-sector stakeholders and ensure 
that actions under this section do not violate international trade 
obligations or other international obligations of the United States.
Sec. 30505. Container Security Initiative
  (a) Establishment.--The Secretary, acting through the Commissioner, 
shall establish and implement a program (in this section referred to as 
the ``Container Security Initiative'') to identify and examine or 
search maritime containers that pose a security risk before loading the 
containers in a foreign port for shipment to the United States, either 
directly or through a foreign port.
  (b) Assessment.--The Secretary, acting through the Commissioner, may 
designate foreign seaports to participate in the Container Security 
Initiative after the Secretary has assessed the costs, benefits, and 
other factors associated with the designation, including--
          (1) the level of risk for the potential compromise of 
        containers by terrorists, or other threats as determined by the 
        Secretary;
          (2) the volume of cargo being imported to the United States 
        directly from, or being trans-shipped through, the foreign 
        seaport;
          (3) the results of the Coast Guard assessments conducted 
        under section 70108 of title 46;
          (4) the commitment of the government of the country in which 
        the foreign seaport is located to cooperating with the 
        Department in sharing critical data and risk management 
        information and to maintain programs to ensure employee 
        integrity; and
          (5) the potential for validation of security practices at the 
        foreign seaport by the Department.
  (c) Notification.--The Secretary shall notify the appropriate 
congressional committees of the designation of a foreign port under the 
Container Security Initiative or the revocation of a designation before 
notifying the public of the designation or revocation.
  (d) Negotiations.--The Secretary, in cooperation with the Secretary 
of State and in consultation with the United States Trade 
Representative, may enter into negotiations with the government of each 
foreign nation in which a seaport is designated under the Container 
Security Initiative to ensure full compliance with the requirements 
under the Container Security Initiative.
  (e) Overseas Inspections.--
          (1) Requirements and procedures.--The Secretary shall--
                  (A) establish minimum technical capability criteria 
                and standard operating procedures for the use of 
                nonintrusive inspection and nuclear and radiological 
                detection systems in conjunction with the Container 
                Security Initiative;
                  (B) require each port designated under the Container 
                Security Initiative to operate nonintrusive inspection 
                and nuclear and radiological detection systems in 
                accordance with the technical capability criteria and 
                standard operating procedures established under 
                subparagraph (A);
                  (C) continually monitor the technologies, processes, 
                and techniques used to inspect cargo at ports 
                designated under the Container Security Initiative to 
                ensure adherence to the criteria and the use of the 
                procedures; and
                  (D) consult with the Secretary of Energy in 
                establishing the minimum technical capability criteria 
                and standard operating procedures established under 
                subparagraph (A) pertaining to radiation detection 
                technologies to promote consistency in detection 
                systems at foreign ports designated under the Container 
                Security Initiative.
          (2) Constraints.--The criteria and procedures established 
        under paragraph (1)(A)--
                  (A) shall be consistent, as practicable, with 
                relevant standards and procedures utilized by other 
                Federal departments or agencies, or developed by 
                international bodies if the United States consents to 
                the standards and procedures;
                  (B) shall not apply to activities conducted under the 
                Megaports Initiative of the Department of Energy; and
                  (C) shall not be designed to endorse the product or 
                technology of any specific company or to conflict with 
                the sovereignty of a country in which a foreign seaport 
                designated under the Container Security Initiative is 
                located.
  (f) Savings Provision.--The authority of the Secretary under this 
section shall not affect any authority or duplicate any efforts or 
responsibilities of the Federal Government with respect to the 
deployment of radiation detection equipment outside of the United 
States.
  (g) Coordination.--The Secretary shall--
          (1) coordinate with the Secretary of Energy, as necessary, to 
        provide radiation detection equipment required to support the 
        Container Security Initiative through the Department of 
        Energy's Second Line of Defense Program and Megaports 
        Initiative; or
          (2) work with the private sector or host governments, when 
        possible, to obtain radiation detection equipment that meets 
        the Department's and the Department of Energy's technical 
        specifications for the equipment.
  (h) Staffing.--The Secretary shall develop a human capital management 
plan to determine adequate staffing levels in the United States and in 
foreign seaports including, as appropriate, the remote location of 
personnel in countries in which foreign seaports are designated under 
the Container Security Initiative.
  (i) Annual Discussions.--The Secretary, in coordination with the 
appropriate Federal officials, shall hold annual discussions with 
foreign governments of countries in which foreign seaports designated 
under the Container Security Initiative are located regarding best 
practices, technical assistance, training needs, and technological 
developments that will assist in ensuring the efficient and secure 
movement of international cargo.
  (j) Lesser Risk Port.--The Secretary, acting through the 
Commissioner, may treat cargo loaded in a foreign seaport designated 
under the Container Security Initiative as presenting a lesser risk 
than similar cargo loaded in a foreign seaport that is not designated 
under the Container Security Initiative, for the purpose of clearing 
the cargo into the United States.
  (k) Prohibition.--
          (1) In general.--The Secretary shall issue a ``do not load'' 
        order, using existing authorities, to prevent the onload of any 
        cargo loaded at a port designated under the Container Security 
        Initiative that has been identified as high risk, including by 
        the Automated Targeting System, unless the cargo is determined 
        to no longer be high risk through--
                  (A) a scan of the cargo with nonintrusive imaging 
                equipment and radiation detection equipment;
                  (B) a search of the cargo; or
                  (C) additional information received by the 
                Department.
          (2) Rule of construction.--Nothing in this subsection shall 
        be construed to interfere with the ability of the Secretary to 
        deny entry of any cargo into the United States.
  (l) Coordination of Assessments.--
          (1) In general.--The Secretary shall, to the extent 
        practicable, conduct the assessments required by the following 
        provisions of law concurrently, or develop a process by which 
        the assessments are coordinated between the Coast Guard and 
        U.S. Customs and Border Protection:
                  (A) This section.
                  (B) Section 30513 of this title.
                  (C) Section 70108 of title 46.
          (2) Limitation.--Nothing in paragraph (1) shall be construed 
        to affect or diminish the Secretary's authority or discretion--
                  (A) to conduct an assessment of a foreign port at any 
                time;
                  (B) to compel the Secretary to conduct an assessment 
                of a foreign port so as to ensure that 2 or more 
                assessments are conducted concurrently; or
                  (C) to cancel an assessment of a foreign port if the 
                Secretary is unable to conduct 2 or more assessments 
                concurrently.
          (3) Multiple assessment report.--The Secretary shall provide 
        written notice to the Committee on Commerce, Science, and 
        Transportation of the Senate and the Committees on 
        Transportation and Infrastructure and Homeland Security of the 
        House of Representatives whenever the Secretary conducts 2 or 
        more assessments of the same port within a 3-year period.

       Subchapter II--Customs-Trade Partnership Against Terrorism

Sec. 30511. Establishment
  (a) In General.--The Secretary, acting through the Commissioner, may 
establish a voluntary government-private sector program (to be known as 
the ``Customs-Trade Partnership Against Terrorism'' or ``C-TPAT'') to 
strengthen and improve the overall security of the international supply 
chain and United States border security, and to facilitate the movement 
of secure cargo through the international supply chain, by providing 
benefits to participants meeting or exceeding the program requirements. 
Participants in C-TPAT shall include Tier 1 participants, Tier 2 
participants, and Tier 3 participants.
  (b) Review of Minimum Security Requirements.--The Secretary, acting 
through the Commissioner, shall review the minimum security 
requirements of C-TPAT at least once every year and update requirements 
as necessary.
Sec. 30512. Eligible entities
  Importers, customs brokers, forwarders, air, sea, and land carriers, 
contract logistics providers, and other entities in the international 
supply chain and intermodal transportation system are eligible to apply 
to voluntarily enter into partnerships with the Department under C-
TPAT.
Sec. 30513. Minimum requirements
  An applicant seeking to participate in C-TPAT shall--
          (1) demonstrate a history of moving cargo in the 
        international supply chain;
          (2) conduct an assessment of its supply chain based upon 
        security criteria established by the Secretary, acting through 
        the Commissioner, including--
                  (A) business partner requirements;
                  (B) container security;
                  (C) physical security and access controls;
                  (D) personnel security;
                  (E) procedural security;
                  (F) security training and threat awareness; and
                  (G) information technology security;
          (3) implement and maintain security measures and supply chain 
        security practices meeting security criteria established by the 
        Commissioner; and
          (4) meet all other requirements established by the 
        Commissioner, in consultation with the Commercial Operations 
        Advisory Committee.
Sec. 30514. Tier 1 participants
  (a) Benefits.--The Secretary, acting through the Commissioner, shall 
offer limited benefits to a Tier 1 participant who has been certified 
in accordance with the guidelines referred to in subsection (b). 
Benefits may include a reduction in the score assigned pursuant to the 
Automated Targeting System of not greater than 20 percent of the high-
risk threshold established by the Secretary.
  (b) Guidelines.--The Secretary, acting through the Commissioner, 
shall update the guidelines for certifying a C-TPAT participant's 
security measures and supply chain security practices under this 
section. The guidelines shall include a background investigation and 
extensive documentation review.
  (c) Timeframe.--To the extent practicable, the Secretary, acting 
through the Commissioner, shall complete the Tier 1 certification 
process within 90 days of receipt of an application for participation 
in C-TPAT.
Sec. 30515. Tier 2 participants
  (a) Validation.--The Secretary, acting through the Commissioner, 
shall validate the security measures and supply chain security 
practices of a Tier 1 participant in accordance with the guidelines 
referred to in subsection (c). The validation shall include on-site 
assessments at appropriate foreign locations utilized by the Tier 1 
participant in its supply chain and shall, to the extent practicable, 
be completed not later than 1 year after certification as a Tier 1 
participant.
  (b) Benefits.--The Secretary, acting through the Commissioner, shall 
extend benefits to each C-TPAT participant that has been validated as a 
Tier 2 participant under this section, which may include--
          (1) reduced scores in the Automated Targeting System;
          (2) reduced examinations of cargo; and
          (3) priority searches of cargo.
  (c) Guidelines.--The Secretary, acting through the Commissioner, 
shall develop a schedule and update the guidelines for validating a 
participant's security measures and supply chain security practices 
under this section.
Sec. 30516. Tier 3 participants
  (a) In General.--The Secretary, acting through the Commissioner, 
shall establish a third tier of C-TPAT participation that offers 
additional benefits to participants who demonstrate a sustained 
commitment to maintaining security measures and supply chain security 
practices that exceed the guidelines established for validation as a 
Tier 2 participant in C-TPAT under section 30515 of this title.
  (b) Criteria.--The Secretary, acting through the Commissioner, shall 
designate criteria for validating a C-TPAT participant as a Tier 3 
participant under this section. Criteria may include--
          (1) compliance with any additional guidelines established by 
        the Secretary that exceed the guidelines established under 
        section 30515 of this title for validating a C-TPAT participant 
        as a Tier 2 participant, particularly with respect to controls 
        over access to cargo throughout the supply chain;
          (2) submission of additional information regarding cargo 
        prior to loading, as determined by the Secretary;
          (3) utilization of container security devices, technologies, 
        policies, or practices that meet standards and criteria 
        established by the Secretary; and
          (4) compliance with any other cargo requirements established 
        by the Secretary.
  (c) Benefits.--The Secretary, acting through the Commissioner, in 
consultation with the Commercial Operations Advisory Committee and the 
National Maritime Security Advisory Committee, shall extend benefits to 
each C-TPAT participant that has been validated as a Tier 3 participant 
under this section, which may include--
          (1) the expedited release of a Tier 3 participant's cargo in 
        destination ports within the United States during all threat 
        levels designated by the Secretary;
          (2) further reduction in examinations of cargo;
          (3) priority for examinations of cargo; and
          (4) further reduction in the risk score assigned pursuant to 
        the Automated Targeting System; and
          (5) inclusion in joint incident management exercises, as 
        appropriate.
Sec. 30517. Consequences for lack of compliance
  (a) In General.--If at any time a C-TPAT participant's security 
measures and supply chain security practices fail to meet any of the 
requirements under this subchapter, the Commissioner may deny the 
participant benefits otherwise available under this subchapter in whole 
or in part. The Commissioner shall develop procedures that provide 
appropriate protections to C-TPAT participants before benefits are 
revoked. The procedures may not limit the ability of the Commissioner 
to take actions to protect the national security of the United States.
  (b) False or Misleading Information.--If a C-TPAT participant 
knowingly provides false or misleading information to the Commissioner 
during the validation process provided for under this subchapter, the 
Commissioner shall suspend or expel the participant from C-TPAT for an 
appropriate period of time. The Commissioner, after the completion of 
the process under subsection (c), may publish in the Federal Register a 
list of participants who have been suspended or expelled from C-TPAT 
under this subsection, and may make the list available to C-TPAT 
participants.
  (c) Right of Appeal.--
          (1) Appeal of denial of benefits.--A C-TPAT participant may 
        appeal a decision of the Commissioner under subsection (a). The 
        appeal shall be filed with the Secretary not later than 90 days 
        after the date of the decision, and the Secretary shall issue a 
        determination not later than 180 days after the appeal is 
        filed.
          (2) Appeals of suspension or expulsion.--A C-TPAT participant 
        may appeal a decision of the Commissioner under subsection (b). 
        The appeal shall be filed with the Secretary not later than 30 
        days after the date of the decision, and the Secretary shall 
        issue a determination not later than 180 days after the appeal 
        is filed.
Sec. 30518. Revalidation
  The Secretary, acting through the Commissioner, shall develop and 
implement--
          (1) a revalidation process for Tier 2 and Tier 3 
        participants;
          (2) a framework based upon objective criteria for identifying 
        participants for periodic revalidation not less frequently than 
        once during each 4-year period following the initial 
        validation; and
          (3) an annual plan for revalidation that includes--
                  (A) performance measures;
                  (B) an assessment of the personnel needed to perform 
                the revalidations; and
                  (C) the number of participants that will be 
                revalidated during the following year.
Sec. 30519. Noncontainerized cargo
  The Secretary, acting through the Commissioner, shall consider the 
potential for participation in C-TPAT by importers of noncontainerized 
cargoes that otherwise meet the requirements under this subchapter.
Sec. 30520. Program management
  (a) In General.--The Secretary, acting through the Commissioner, 
shall establish sufficient internal quality controls and record 
management to support the management systems of C-TPAT. In managing the 
program, the Secretary shall ensure that the program includes the 
following:
          (1) A 5-year plan to identify outcome-based goals and 
        performance measures of the program.
          (2) An annual plan for each fiscal year designed to match 
        available resources to the projected workload.
          (3) A standardized work program to be used by agency 
        personnel to carry out the certifications, validations, and 
        revalidations of participants. The Secretary shall keep records 
        and monitor staff hours associated with the completion of each 
        review.
  (b) Documentation of Reviews.--The Secretary, acting through the 
Commissioner, shall maintain a record management system to document 
determinations on the reviews of each C-TPAT participant, including 
certifications, validations, and revalidations.
  (c) Confidential Information Safeguards.--In consultation with the 
Commercial Operations Advisory Committee, the Secretary, acting through 
the Commissioner, shall develop and implement procedures to ensure the 
protection of confidential data collected, stored, or shared with 
government agencies or as part of the application, certification, 
validation, and revalidation processes.
  (d) Resource Management Staffing Plan.--The Secretary, acting through 
the Commissioner, shall--
          (1) develop a staffing plan to recruit and train staff 
        (including a formalized training program) to meet the 
        objectives identified in the strategic plan of the C-TPAT 
        program; and
          (2) provide cross-training in post-incident trade resumption 
        for personnel who administer the C-TPAT program.
  (e) Report to Congress.--In connection with the President's annual 
budget submission for the Department, the Secretary shall report to the 
appropriate congressional committees on the progress made by the 
Commissioner to certify, validate, and revalidate C-TPAT participants. 
The report shall be due on the same date that the President's budget is 
submitted to the Congress.

                Subchapter III--Miscellaneous Provisions

Sec. 30531. Screening and scanning of cargo containers
  (a) One Hundred Percent Screening of Cargo Containers and 100 Percent 
Scanning of High-Risk Containers.--
          (1) Screening of cargo containers.--The Secretary shall 
        ensure that 100 percent of the cargo containers originating 
        outside the United States and unloaded at a United States 
        seaport undergo a screening to identify high-risk containers
          (2) Scanning of high-risk containers.--The Secretary shall 
        ensure that 100 percent of the containers that have been 
        identified as high-risk under paragraph (1), or through other 
        means, are scanned or searched before the containers leave a 
        United States seaport facility.
  (b) Full-scale Implementation.--
          (1) In general.--A container that was loaded on a vessel in a 
        foreign port shall not enter the United States (either directly 
        or via a foreign port) unless the container was scanned by 
        nonintrusive imaging equipment and radiation detection 
        equipment at a foreign port before it was loaded on a vessel.
          (2) Application.--Paragraph (1) shall apply with respect to 
        containers loaded on a vessel in a foreign country on or after 
        the earlier of--
                  (A) July 1, 2012; or
                  (B) another date established by the Secretary under 
                paragraph (3).
          (3) Establishment of earlier deadline.--The Secretary shall 
        establish a date under paragraph (2)(B) pursuant to the lessons 
        learned through the pilot integrated scanning systems 
        established under section 231 of the Security and 
        Accountability For Every Port Act of 2006 (or SAFE Port Act) 
        (Public Law 109-347, 120 Stat. 1915).
          (4) Extensions.--The Secretary may extend the date specified 
        in subparagraph (A) or (B) of paragraph (2) for 2 years, and 
        may renew the extension in additional 2-year increments, for 
        containers loaded in a port or ports, if the Secretary 
        certifies to Congress that at least 2 of the following 
        conditions exist:
                  (A) Systems to scan containers under paragraph (1) 
                are not available for purchase and installation.
                  (B) Systems to scan containers under paragraph (1) do 
                not have a sufficiently low false alarm rate for use in 
                the supply chain.
                  (C) Systems to scan containers under paragraph (1) 
                cannot be purchased, deployed, or operated at ports 
                overseas, including, if applicable, because a port does 
                not have the physical characteristics to install a 
                system.
                  (D) Systems to scan containers under paragraph (1) 
                cannot be integrated, as necessary, with existing 
                systems.
                  (E) Use of systems that are available to scan 
                containers under paragraph (1) will significantly 
                impact trade capacity and the flow of cargo.
                  (F) Systems to scan containers under paragraph (1) do 
                not adequately provide an automated notification of 
                questionable or high-risk cargo as a trigger for 
                further inspection by appropriately trained personnel.
          (5) Exemption for military cargo.--Notwithstanding any other 
        provision of this section, supplies bought by the Secretary of 
        Defense and transported in compliance with section 2631 of 
        title 10 and military cargo of foreign countries are exempt 
        from the requirements of this section.
          (6) Report on extensions.--An extension under paragraph (4) 
        for a port takes effect on the expiration of the 60-day period 
        beginning on the date the Secretary provides a report to 
        Congress that--
                  (A) states what container traffic will be affected by 
                the extension;
                  (B) provides supporting evidence to support the 
                Secretary's certification of the basis for the 
                extension; and
                  (C) explains what measures the Secretary is taking to 
                ensure that scanning can be implemented as early as 
                possible at the port or ports that are the subject of 
                the report.
          (7) Report on renewal of extension.--If an extension under 
        paragraph (4) takes effect, the Secretary shall, after 1 year, 
        submit a report to Congress on whether the Secretary expects to 
        seek to renew the extension.
          (8) Scanning technology standards.--In implementing paragraph 
        (1), the Secretary shall--
                  (A) establish technological and operational standards 
                for systems to scan containers;
                  (B) ensure that the standards are consistent with the 
                global nuclear detection architecture developed under 
                the Homeland Security Act of 2002 (Public Law 107-296, 
                116 Stat. 2135); and
                  (C) coordinate with other Federal agencies that 
                administer scanning or detection programs at foreign 
                ports.
          (9) International trade and other obligations.--In carrying 
        out this subsection, the Secretary shall consult with 
        appropriate Federal departments and agencies and private-sector 
        stakeholders, and ensure that actions under this section do not 
        violate international trade obligations, and are consistent 
        with the World Customs Organization framework, or other 
        international obligations of the United States.
  (c) Report.--Not later than 6 months after the submission of a report 
under section 231(d) of the Security and Accountability For Every Port 
Act of 2006 (or SAFE Port Act) (Public Law 109-347, 120 Stat. 1916), 
and every 6 months thereafter, the Secretary shall submit a report to 
the appropriate congressional committees describing the status of full-
scale deployment under subsection (b) and the cost of deploying the 
system at each foreign port at which the integrated scanning systems 
are deployed.
Sec. 30532. International cooperation and coordination
  (a) Inspection Technology and Training.--The Secretary, in 
coordination with the Secretary of State, the Secretary of Energy, and 
appropriate representatives of other Federal agencies, may provide 
technical assistance, equipment, and training to facilitate the 
implementation of supply chain security measures at ports designated 
under the Container Security Initiative.
  (b) Acquisition and Training.--Unless otherwise prohibited by law, 
the Secretary may--
          (1) lease, lend, provide, or otherwise assist in the 
        deployment of nonintrusive inspection and radiation detection 
        equipment at foreign land and sea ports under terms and 
        conditions the Secretary prescribes, including nonreimbursable 
        loans or the transfer of ownership of equipment; and
          (2) provide training and technical assistance for domestic or 
        foreign personnel responsible for operating or maintaining the 
        equipment.
Sec. 30533. Information sharing relating to supply chain security 
                    cooperation
  (a) Purposes.--The purposes of this section are--
          (1) to establish continuing liaison and to provide for supply 
        chain security cooperation between the Department and the 
        private sector; and
          (2) to provide for regular and timely interchange of 
        information between the private sector and the Department 
        concerning developments and security risks in the supply chain 
        environment.
  (b) Development of System.--The Secretary shall develop a system to 
collect from, and share appropriate risk information relating to the 
supply chain with, the private-sector entities determined appropriate 
by the Secretary.
  (c) Consultation.--In developing the system under subsection (b), the 
Secretary shall consult with the Commercial Operations Advisory 
Committee and a broad range of public- and private-sector entities 
likely to utilize the system, including importers, exporters, carriers, 
customs brokers, and freight forwarders, among other parties.
  (d) Independently Obtained Information.--Nothing in this section 
shall be construed to limit or otherwise affect the ability of a 
Federal, State, or local government entity, under applicable law, to 
obtain supply chain security information, including information 
lawfully and properly disclosed generally or broadly to the public, and 
to use the information in any manner permitted by law.
  (e) Authority To Issue Warnings.--The Secretary may provide 
advisories, alerts, and warnings to relevant companies, targeted 
sectors, other governmental entities, or the general public regarding 
potential risks to the supply chain as appropriate. In issuing a 
warning, the Secretary shall take appropriate actions to protect from 
disclosure--
          (1) the source of any voluntarily submitted supply chain 
        security information that forms the basis for the warning; and
          (2) information that is proprietary, business sensitive, 
        relates specifically to the submitting person or entity, or is 
        otherwise not appropriately in the public domain.

                      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.
Sec. 30701. Designation of liaison office of Department of State
  The Secretary of State shall designate a liaison office in the 
Department of State to assist the Secretary, as appropriate, in 
negotiating cargo security-related international agreements.
Sec. 30702. Homeland Security Science and Technology Advisory Committee
  The Under Secretary for Science and Technology shall utilize the 
Homeland Security Science and Technology Advisory Committee, as 
appropriate, to provide outside expertise in advancing cargo security 
technology.
Sec. 30703. Research, development, test, and evaluation efforts in 
                    furtherance of maritime and cargo security
  (a) In General.--The Secretary shall--
          (1) direct research, development, testing, and evaluation 
        efforts in furtherance of maritime and cargo security;
          (2) coordinate with public- and private-sector entities to 
        develop and test technologies, and process innovations in 
        furtherance of these objectives; and
          (3) evaluate the technologies.
  (b) Coordination.--The Secretary, in coordination with the Under 
Secretary for Science and Technology, the Assistant Secretary for 
Policy, the Commandant of the Coast Guard, the Director for Domestic 
Nuclear Detection, the Chief Financial Officer, and the heads of other 
appropriate offices or entities of the Department, shall ensure that--
          (1) research, development, testing, and evaluation efforts 
        funded by the Department in furtherance of maritime and cargo 
        security are coordinated within the Department and with other 
        appropriate Federal agencies to avoid duplication of efforts; 
        and
          (2) the results of the efforts are shared throughout the 
        Department and with other Federal, State, and local agencies, 
        as appropriate.

                  Subtitle IV--Transportation Security

                          Chapter 401--General

Sec.
40101.  Definitions.
Sec. 40101. Definitions
  (a) Department.--In chapters 403 through 407 of this title, the term 
``Department'' means the Department of Homeland Security.
  (b) Secretary.--In this subtitle, the term ``Secretary'' means the 
Secretary of Homeland Security.

Chapter 403--Transportation Security Planning, Information Sharing, and 
                              Enhancements

Subchapter I--Security Planning and Information Sharing
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.

        Subchapter I--Security Planning and Information Sharing

Sec. 40301. National Domestic Preparedness Consortium
  (a) In General.--The Secretary may establish, operate, and maintain a 
National Domestic Preparedness Consortium in the Department.
  (b) Members.--The National Domestic Preparedness Consortium consists 
of--
          (1) the Center for Domestic Preparedness;
          (2) the National Energetic Materials Research and Testing 
        Center, New Mexico Institute of Mining and Technology;
          (3) the National Center for Biomedical Research and Training, 
        Louisiana State University
          (4) the National Emergency Response and Rescue Training 
        Center, Texas A&M University;
          (5) the National Exercise, Test, and Training Center, Nevada 
        Test Site;
          (6) the Transportation Technology Center, Incorporated, in 
        Pueblo, Colorado; and
          (7) the National Disaster Preparedness Training Center, 
        University of Hawaii.
  (c) Duties.--The National Domestic Preparedness Consortium shall 
identify, develop, test, and deliver training to State, local, and 
tribal emergency response providers, provide on-site and mobile 
training at the performance and management and planning levels, and 
facilitate the delivery of training by the training partners of the 
Department.
Sec. 40302. National Transportation Security Center of Excellence
  (a) Establishment.--The Secretary shall establish a National 
Transportation Security Center of Excellence to conduct research and 
education activities, and to develop or provide professional security 
training, including the training of transportation employees and 
transportation professionals.
  (b) Designation.--The Secretary shall select one of the institutions 
identified in subsection (c) as the lead institution responsible for 
coordinating the National Transportation Security Center of Excellence.
  (c) Member Institutions.--
          (1) Consortium.--The institution of higher education selected 
        under subsection (b) shall execute agreements with the other 
        institutions of higher education identified in this subsection 
        and other institutions designated by the Secretary to develop a 
        consortium to assist in accomplishing the goals of the Center.
          (2) Members.--The National Transportation Security Center of 
        Excellence consists of--
                  (A) Texas Southern University in Houston, Texas;
                  (B) the National Transit Institute at Rutgers, The 
                State University of New Jersey;
                  (C) Tougaloo College;
                  (D) the Connecticut Transportation Institute at the 
                University of Connecticut;
                  (E) the Homeland Security Management Institute, Long 
                Island University;
                  (F) the Mack-Blackwell National Rural Transportation 
                Study Center at the University of Arkansas; and
                  (G) any additional institutions or facilities 
                designated by the Secretary.
          (3) Certain inclusions.--To the extent practicable, the 
        Secretary shall ensure that an appropriate number of additional 
        consortium colleges or universities designated by the Secretary 
        under this subsection are Historically Black Colleges and 
        Universities, Hispanic Serving Institutions, and Indian 
        Tribally Controlled Colleges and Universities.
Sec. 40303. Immunity for reports of suspected terrorist activity or 
                    suspicious behavior and response
  (a) Definitions.--In this section:
          (1) Authorized official.--The term ``authorized official'' 
        means--
                  (A) an employee or agent of a passenger 
                transportation system or other person with 
                responsibilities relating to the security of the 
                system;
                  (B) an officer, employee, or agent of the Department, 
                the Department of Transportation, or the Department of 
                Justice with responsibilities relating to the security 
                of passenger transportation systems; or
                  (C) a Federal, State, or local law enforcement 
                officer.
          (2) Covered activity.--The term ``covered activity'' means a 
        suspicious transaction, activity, or occurrence that involves, 
        or is directed against, a passenger transportation system or 
        vehicle or its passengers indicating that an individual may be 
        engaging, or preparing to engage, in a violation of law 
        relating to--
                  (A) a threat to a passenger transportation system or 
                passenger safety or security; or
                  (B) an act of terrorism (as that term is defined in 
                section 3077 of title 18.
          (3) Passenger transportation.--The term ``passenger 
        transportation'' means--
                  (A) public transportation, as defined in section 5302 
                of title 49;
                  (B) transportation by an over-the-road bus, as 
                described in section 40701 of this title, and school 
                bus transportation;
                  (C) intercity rail passenger transportation, as 
                defined in section 24102 of title 49;
                  (D) the transportation of passengers onboard a 
                passenger vessel, as defined in section 2101 of title 
                46;
                  (E) other regularly scheduled waterborne 
                transportation service of passengers by a vessel of at 
                least 20 gross tons; and
                  (F) air transportation, as defined in section 40102 
                of title 49, of passengers.
          (4) Passenger transportation system.--The term ``passenger 
        transportation system'' means an entity or entities organized 
        to provide passenger transportation using vehicles, including 
        the infrastructure used to provide the transportation.
          (5) Vehicle.--The term ``vehicle'' has the meaning given the 
        term in section 1992(d)(16) of title 18.
  (b) Immunity for Reports of Suspected Terrorist Activity or 
Suspicious Behavior.--
          (1) In general.--A person who, in good faith and based on 
        objectively reasonable suspicion, makes, or causes to be made, 
        a voluntary report of covered activity to an authorized 
        official shall be immune from civil liability under Federal, 
        State, and local law for the report.
          (2) False reports.--Paragraph (1) shall not apply to any 
        report that the person knew to be false or was made with 
        reckless disregard for the truth at the time that person made 
        that report.
  (c) Immunity for Response.--
          (1) In general.--An authorized official who observes, or 
        receives a report of, covered activity and takes reasonable 
        action in good faith to respond to the activity has qualified 
        immunity from civil liability for the action, consistent with 
        applicable law in the relevant jurisdiction. An authorized 
        official (as defined by subsection (a)(1)(A)) not entitled to 
        assert the defense of qualified immunity is immune from civil 
        liability under Federal, State, and local law if the authorized 
        official takes reasonable action, in good faith, to respond to 
        the reported activity.
          (2) Savings clause.--Nothing in this subsection affects the 
        ability of an authorized official to assert any defense, 
        privilege, or immunity that would otherwise be available, and 
        this subsection shall not be construed as affecting the 
        defense, privilege, or immunity.
  (d) Attorney Fees and Costs.--A person or authorized official found 
to be immune from civil liability under this section is entitled to 
recover from the plaintiff all reasonable costs and attorney fees.

                  Subchapter II--Security Enhancements

Sec. 40311. Definitions
  In this subchapter:
          (1) Appropriate congressional committee.--The term 
        ``appropriate congressional committee'' means the Committee on 
        Commerce, Science, and Transportation, the Committee on 
        Banking, Housing, and Urban Affairs and the Committee on 
        Homeland Security and Governmental Affairs of the Senate and 
        the Committee on Homeland Security and the Committee on 
        Transportation and Infrastructure of the House.
          (2) State.--The term ``State'' means a State, the District of 
        Columbia, Puerto Rico, the Northern Mariana Islands, the Virgin 
        Islands, Guam, American Samoa, and any other territory 
        (including a possession) of the United States.
          (3) Terrorism.--The term ``terrorism'' has the meaning given 
        the term in section 10101 of this title.
          (4) United states.--The term ``United States'' means the 
        States, the District of Columbia, Puerto Rico, the Northern 
        Mariana Islands, the Virgin Islands, Guam, American Samoa, and 
        any other territory (including a possession) of the United 
        States.
Sec. 40312. Authorization of Visible Intermodal Prevention and Response 
                    teams
  (a) In General.--The Secretary, acting through the Administrator of 
the Transportation Security Administration, may develop Visible 
Intermodal Prevention and Response (in this section referred to as 
``VIPR'') teams to augment the security of any mode of transportation 
at any location within the United States. In forming a VIPR team, the 
Secretary--
          (1) may use any asset of the Department, including Federal 
        air marshals, surface transportation security inspectors, 
        canine detection teams, and advanced screening technology;
          (2) may determine when a VIPR team shall be deployed, as well 
        as the duration of the deployment;
          (3) shall, prior to and during the deployment, consult with 
        local security and law enforcement officials in the 
        jurisdiction where the VIPR team is or will be deployed, to 
        develop and agree upon the appropriate operational protocols 
        and provide relevant information about the mission of the VIPR 
        team, as appropriate;
          (4) shall, prior to and during the deployment, consult with 
        all transportation entities directly affected by the deployment 
        of a VIPR team, as appropriate, including railroad carriers, 
        air carriers, airport owners, over-the-road bus operators and 
        terminal owners and operators, motor carriers, public 
        transportation agencies, owners or operators of highways, port 
        operators and facility owners, vessel owners and operators, and 
        pipeline operators; and
          (5) shall require, as appropriate based on risk, in the case 
        of a VIPR team deployed to an airport, that the VIPR team 
        conduct operations--
                  (A) in the sterile area and any other areas to which 
                only individuals issued security credentials have 
                unrestricted access; and
                  (B) in nonsterile areas.
  (b) Authorization of Appropriations.--There are authorized to be 
appropriated to the Secretary to carry out this section such sums as 
necessary, including funds to develop not more than 60 VIPR teams, for 
fiscal years 2016 through 2018.
Sec. 40313. Surface transportation security inspectors
  (a) In General.--The Secretary, acting through the Administrator of 
the Transportation Security Administration, may train, employ, and 
utilize surface transportation security inspectors.
  (b) Mission.--The Secretary shall use surface transportation security 
inspectors to assist surface transportation carriers, operators, 
owners, entities, and facilities to enhance their security against 
terrorist attack and other security threats and to assist the Secretary 
in enforcing applicable surface transportation security regulations and 
directives.
  (c) Authorities.--Surface transportation security inspectors employed 
under this section shall be authorized powers and delegated 
responsibilities that the Secretary determines appropriate, subject to 
subsection (e).
  (d) Requirements.--The Secretary shall require that surface 
transportation security inspectors have relevant transportation 
experience and other security and inspection qualifications, as 
determined appropriate.
  (e) Limitations.--
          (1) Inspectors.--Surface transportation inspectors shall be 
        prohibited from issuing fines to public transportation agencies 
        (as defined in section 40501 of this title) for violations of 
        the Department's regulations or orders except through the 
        process described in paragraph (2).
          (2) Civil penalties.--The Secretary shall be prohibited from 
        assessing civil penalties against public transportation 
        agencies (as defined in section 40501 of this title) for 
        violations of the Department's regulations or orders, except in 
        accordance with the following:
                  (A) In the case of a public transportation agency 
                that is found to be in violation of a regulation or 
                order issued by the Secretary, the Secretary shall seek 
                correction of the violation through a written notice to 
                the public transportation agency and shall give the 
                public transportation agency reasonable opportunity to 
                correct the violation or propose an alternative means 
                of compliance acceptable to the Secretary.
                  (B) If the public transportation agency does not 
                correct the violation or propose an alternative means 
                of compliance acceptable to the Secretary within a 
                reasonable time period that is specified in the written 
                notice, the Secretary may take any action authorized in 
                sections 11301 through 11316 of this title.
          (3) Limitation on secretary.--The Secretary shall not 
        initiate civil enforcement actions for violations of 
        administrative and procedural requirements pertaining to the 
        application for, and expenditure of, funds awarded under 
        transportation security grant programs under the Implementing 
        Recommendations of the 9/11 Commission Act of 2007 (Public Law 
        110-53, 121 Stat. 266).
  (f) Coordination.--The Secretary shall ensure that the mission of the 
surface transportation security inspectors is consistent with any 
relevant risk assessments required by the Implementing Recommendations 
of the 9/11 Commission Act of 2007 (Public Law 110-53, 121 Stat. 266) 
or completed by the Department, the modal plans required under section 
11314 of this title, the Memorandum of Understanding between the 
Department and the Department of Transportation on Roles and 
Responsibilities, dated September 28, 2004, and all subsequent annexes 
to this Memorandum of Understanding, and other relevant documents 
setting forth the Department's transportation security strategy, as 
appropriate.
  (g) Consultation.--The Secretary shall periodically consult with the 
surface transportation entities that are or may be inspected by the 
surface transportation security inspectors, including, as appropriate, 
railroad carriers, over-the-road bus operators and terminal owners and 
operators, motor carriers, public transportation agencies, owners or 
operators of highways, and pipeline operators on--
          (1) the inspectors' duties, responsibilities, authorities, 
        and mission; and
          (2) strategies to improve transportation security and to 
        ensure compliance with transportation security requirements.
Sec. 40314. Surface transportation security technology information 
                    sharing
  (a) In General.--
          (1) Information sharing.--The Secretary, in consultation with 
        the Secretary of Transportation, shall establish a program to 
        provide appropriate information that the Department has 
        gathered or developed on the performance, use, and testing of 
        technologies that may be used to enhance railroad, public 
        transportation, and surface transportation security to surface 
        transportation entities, including railroad carriers, over-the-
        road bus operators and terminal owners and operators, motor 
        carriers, public transportation agencies, owners or operators 
        of highways, pipeline operators, and State, local, and tribal 
        governments that provide security assistance to the entities.
          (2) Designation of qualified antiterrorism technologies.--The 
        Secretary shall include in the information provided in 
        paragraph (1) whether the technology is designated as a 
        qualified antiterrorism technology under subchapter IV of 
        chapter 105 of this title, as appropriate.
  (b) Purpose.--The purpose of the program is to assist eligible grant 
recipients under this subtitle and others, as appropriate, to purchase 
and use the best technology and equipment available to meet the 
security needs of the Nation's surface transportation system.
  (c) Coordination.--The Secretary shall ensure that the program 
established under this section makes use of and is consistent with 
other Department technology testing, information sharing, evaluation, 
and standards-setting programs, as appropriate.
Sec. 40315. Transportation Security Administration personnel 
                    limitations
  Any statutory limitation on the number of employees in the 
Transportation Security Administration does not apply to employees 
carrying out this chapter, chapters 401, 405, and 407 of this title, 
and titles XII through XV of the Implementing Recommendations of the 9/
11 Commission Act of 2007 (Public Law 110-53, 121 Stat. 381).
Sec. 40316. National explosives detection canine team training program
  (a) Definition of Explosives Detection Canine Team.--In this section, 
the term ``explosives detection canine team'' means a canine and a 
canine handler that are trained to detect explosives, radiological 
materials, chemical, nuclear or biological weapons, or other threats as 
defined by the Secretary.
  (b) In General.--
          (1) Increased capacity.--The Secretary shall--
                  (A) begin to increase the number of explosives 
                detection canine teams certified by the Transportation 
                Security Administration for the purposes of 
                transportation-related security by up to 200 canine 
                teams annually by the end of 2010; and
                  (B) encourage State, local, and tribal governments 
                and private owners of high-risk transportation 
                facilities to strengthen security through the use of 
                highly trained explosives detection canine teams.
          (2) Ways to increase number of explosives detection canine 
        teams.--The Secretary shall increase the number of explosives 
        detection canine teams by--
                  (A) using the Transportation Security 
                Administration's National Explosives Detection Canine 
                Team Training Center, including expanding and upgrading 
                existing facilities, procuring and breeding additional 
                canines, and increasing staffing and oversight 
                commensurate with the increased training and deployment 
                capabilities;
                  (B) partnering with other Federal, State, or local 
                agencies, nonprofit organizations, universities, or the 
                private sector to increase the training capacity for 
                canine detection teams;
                  (C) procuring explosives detection canines trained by 
                nonprofit organizations, universities, or the private 
                sector, provided they are trained in a manner 
                consistent with the standards and requirements 
                developed under subsection (c) or other criteria 
                developed by the Secretary; or
                  (D) a combination of subparagraphs (A), (B), and (C), 
                as appropriate.
  (c) Standards for Explosives Detection Canine Teams.--
          (1) In general.--Based on the feasibility in meeting the 
        ongoing demand for quality explosives detection canine teams, 
        the Secretary shall establish criteria, including canine 
        training curricula, performance standards, and other 
        requirements approved by the Transportation Security 
        Administration necessary to ensure that explosives detection 
        canine teams trained by nonprofit organizations, universities, 
        and private-sector entities are adequately trained and 
        maintained.
          (2) Expansion.--In developing and implementing the curricula, 
        performance standards, and other requirements, the Secretary 
        shall--
                  (A) coordinate with key stakeholders, including 
                international, Federal, State, and local officials, and 
                private-sector and academic entities to develop best 
                practice guidelines for a standardized program, as 
                appropriate;
                  (B) require that explosives detection canine teams 
                trained by nonprofit organizations, universities, or 
                private-sector entities that are used or made available 
                by the Secretary be trained consistent with specific 
                training criteria developed by the Secretary; and
                  (C) review the status of the private-sector programs 
                on at least an annual basis to ensure compliance with 
                training curricula, performance standards, and other 
                requirements.
  (d) Deployment.--The Secretary shall--
          (1) use the additional explosives detection canine teams as 
        part of the Department's efforts to strengthen security across 
        the Nation's transportation network, and may use the canine 
        teams on a more limited basis to support other homeland 
        security missions, as determined appropriate by the Secretary;
          (2) make available explosives detection canine teams to all 
        modes of transportation, for high-risk areas or to address 
        specific threats, on an as-needed basis and as otherwise 
        determined appropriate by the Secretary;
          (3) encourage, but not require, any transportation facility 
        or system to deploy TSA-certified explosives detection canine 
        teams developed under this section; and
          (4) consider specific needs and training requirements for 
        explosives detection canine teams to be deployed across the 
        Nation's transportation network, including in venues of 
        multiple modes of transportation, as appropriate.
  (e) Canine Procurement.--The Secretary, acting through the 
Administrator of the Transportation Security Administration, shall work 
to ensure that explosives detection canine teams are procured as 
efficiently as possible and at the best price, while maintaining the 
needed level of quality, including, if appropriate, through increased 
domestic breeding.
Sec. 40317. Roles of the Department and the Department of 
                    Transportation
  (a) In General.--The Secretary is the principal Federal official 
responsible for transportation security.
  (b) Equivalent Roles and Responsibilities.--In carrying out this 
chapter, chapters 401, 405, and 407 of this title, and titles XII 
through XV of the Implementing Recommendations of the 9/11 Commission 
Act of 2007 (Public Law 110-53, 121 Stat. 381), the roles and 
responsibilities of the Department and the Department of Transportation 
are the same as their roles and responsibilities under the following:
                  (1) The Aviation and Transportation Security Act 
                (Public Law 107-71, 115 Stat. 597).
                  (2) The Intelligence Reform and Terrorism Prevention 
                Act of 2004 (Public Law 108-458, 118 Stat. 3638).
                  (3) The National Infrastructure Protection Plan 
                required by Homeland Security Presidential Directive-7.
                  (4) The Homeland Security Act of 2002 (Public Law 
                107-296, 116 Stat. 2135).
                  (5) The National Response Plan.
                  (6) Executive Order No. 13416, 71 Fed. Reg. 71033 
                (Dec. 5, 2006).
                  (7) The Memorandum of Understanding between the 
                Department of Homeland Security and the Department of 
                Transportation on Roles and Responsibilities, dated 
                September 28, 2004, and any and all subsequent annexes 
                to this Memorandum of Understanding and other relevant 
                agreements between the two Departments.

              Chapter 405--Public Transportation 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.
Sec. 40501. Definitions
  In this chapter:
          (1) Appropriate congressional committee.--The term 
        ``appropriate congressional committee'' means the Committee on 
        Banking, Housing, and Urban Affairs and the Committee on 
        Homeland Security and Governmental Affairs of the Senate and 
        the Committee on Homeland Security and the Committee on 
        Transportation and Infrastructure of the House.
          (2) Disadvantaged business concern.--The term ``disadvantaged 
        business concern'' means a small business that is owned and 
        controlled by socially and economically disadvantaged 
        individuals as defined in part 124, title 13, Code of Federal 
        Regulations.
          (3) Frontline employee.--The term ``frontline employee'' 
        means an employee of a public transportation agency who is a 
        transit vehicle driver or operator, dispatcher, maintenance or 
        maintenance support employee, station attendant, customer 
        service employee, security employee, or transit police 
        employee, or any other employee who has direct contact with 
        riders on a regular basis, or any other employee of a public 
        transportation agency that the Secretary determines should 
        receive security training under section 40506 of this title.
          (4) Public transportation agency.--The term ``public 
        transportation agency'' means a publicly owned operator of 
        public transportation eligible to receive Federal assistance 
        under chapter 53 of title 49.
Sec. 40502. National Strategy for Public Transportation Security
  (a) National Strategy.--Based on the previous and ongoing security 
assessments conducted by the Department and the Department of 
Transportation, the Secretary, consistent with and as required by 
section 11314 of this title, shall develop and implement the modal plan 
for public transportation, entitled the ``National Strategy for Public 
Transportation Security'' (in this section referred to as the 
``Strategy'').
  (b) Purpose.--
          (1) Guidelines.--In developing the Strategy, the Secretary 
        shall establish guidelines for public transportation security 
        that--
                  (A) minimize security threats to public 
                transportation systems; and
                  (B) maximize the abilities of public transportation 
                systems to mitigate damage resulting from a terrorist 
                attack or other major incident.
          (2) Assessments and consultations.--In developing the 
        Strategy, the Secretary shall--
                  (A) use established and ongoing public transportation 
                security assessments as the basis of the Strategy; and
                  (B) consult with all relevant stakeholders, including 
                public transportation agencies, nonprofit labor 
                organizations representing public transportation 
                employees, emergency responders, public safety 
                officials, and other relevant parties.
  (c) Contents.--In the Strategy, the Secretary shall describe 
prioritized goals, objectives, policies, actions, and schedules to 
improve the security of public transportation.
  (d) Responsibilities.--The Secretary shall include in the Strategy a 
description of the roles, responsibilities, and authorities of Federal, 
State, and local agencies, tribal governments, and appropriate 
stakeholders. The Strategy shall also include--
          (1) the identification of, and a plan to address, gaps and 
        unnecessary overlaps in the roles, responsibilities, and 
        authorities of Federal agencies; and
          (2) a process for coordinating existing or future security 
        strategies and plans for public transportation, including--
                  (A) the National Infrastructure Protection Plan 
                required by Homeland Security Presidential Directive-7;
                  (B) Executive Order No. 13416, 71 Fed. Reg. 71033 
                (Dec. 5, 2006); and
                  (C) the Memorandum of Understanding between the 
                Department and the Department of Transportation on 
                Roles and Responsibilities dated September 28, 2004, 
                and subsequent annexes and agreements.
  (e) Adequacy of Existing Plans and Strategies.--In developing the 
Strategy, the Secretary shall use relevant existing risk assessments 
and strategies developed by the Department or other Federal agencies, 
including those developed or implemented under section 11314 of this 
title or Homeland Security Presidential Directive-7.
Sec. 40503. Security assessments and plans
  (a) Public Transportation Security Assessments.--
          (1) Submission.--The Administrator of the Federal Transit 
        Administration shall submit all public transportation security 
        assessments and all other relevant information to the 
        Secretary.
          (2) Secretarial review.--Not later than 60 days after 
        receiving the submission under paragraph (1), the Secretary 
        shall review and augment the security assessments received, and 
        conduct additional security assessments as necessary to ensure 
        that at a minimum, all high risk public transportation 
        agencies, as determined by the Secretary, will have a completed 
        security assessment.
          (3) Content.--The Secretary shall ensure that each completed 
        security assessment includes--
                  (A) identification of critical assets, 
                infrastructure, and systems, and their vulnerabilities; 
                and
                  (B) identification of any other security weaknesses, 
                including weaknesses in emergency response planning and 
                employee training.
  (b) Bus and Rural Public Transportation Systems.--The Secretary 
shall--
          (1) conduct security assessments, based on a representative 
        sample, to determine the specific needs of--
                  (A) local bus-only public transportation systems; and
                  (B) public transportation systems that receive funds 
                under section 5311 of title 49; and
          (2) make the representative assessments available for use by 
        similarly situated systems.
  (c) Security Plans.--
          (1) Requirement for plan.--
                  (A) High risk agencies.--The Secretary shall require 
                public transportation agencies determined by the 
                Secretary to be at high risk for terrorism to develop a 
                comprehensive security plan. The Secretary shall 
                provide technical assistance and guidance to public 
                transportation agencies in preparing and implementing 
                security plans under this section.
                  (B) Other agencies.--Subject to subparagraph (C), the 
                Secretary may also establish a security program for 
                public transportation agencies not designated high risk 
                by the Secretary, to assist those public transportation 
                agencies that request assistance, including--
                          (i) guidance to assist agencies in conducting 
                        security assessments and preparing and 
                        implementing security plans; and
                          (ii) a process for the Secretary to review 
                        and approve assessments and plans, as 
                        appropriate.
                  (C) Plan not required.--A public transportation 
                agency that has not been designated high risk may not 
                be required to develop a security plan.
          (2) Content.--The Secretary shall ensure that security plans 
        include, as appropriate--
                  (A) a prioritized list of all items included in the 
                public transportation agency's security assessment that 
                have not yet been addressed;
                  (B) a detailed list of any additional capital and 
                operational improvements identified by the Department 
                or the public transportation agency and a certification 
                of the public transportation agency's technical 
                capacity for operating and maintaining security 
                equipment that may be identified in the list;
                  (C) specific procedures to be implemented or used by 
                the public transportation agency in response to a 
                terrorist attack, including evacuation and passenger 
                communication plans and appropriate evacuation and 
                communication measures for the elderly and individuals 
                with disabilities;
                  (D) a coordinated response plan that establishes 
                procedures for appropriate interaction with State and 
                local law enforcement agencies, emergency responders, 
                and Federal officials in order to coordinate security 
                measures and plans for response in the event of a 
                terrorist attack or other major incident;
                  (E) a strategy and timeline for conducting training 
                under section 40506 of this title;
                  (F) plans for providing redundant and other 
                appropriate backup systems necessary to ensure the 
                continued operation of critical elements of the public 
                transportation system in the event of a terrorist 
                attack or other major incident;
                  (G) plans for providing service capabilities 
                throughout the system in the event of a terrorist 
                attack or other major incident in the city or region 
                which the public transportation system serves;
                  (H) methods to mitigate damage within a public 
                transportation system in case of an attack on the 
                system, including a plan for communication and 
                coordination with emergency responders; and
                  (I) other actions or procedures as the Secretary 
                determines are appropriate to address the security of 
                the public transportation system.
          (3) Review.--Not later than 6 months after receiving the 
        plans required under this section, the Secretary shall--
                  (A) review each security plan submitted;
                  (B) require the public transportation agency to make 
                any amendments needed to ensure that the plan meets the 
                requirements of this section; and
                  (C) approve any security plan that meets the 
                requirements of this section.
          (4) Exemption.--The Secretary may not require a public 
        transportation agency to develop a security plan under 
        paragraph (1) if the agency does not receive a grant under 
        section 40504 of this title.
          (5) Waiver.--The Secretary may waive the exemption provided 
        in paragraph (4) to require a public transportation agency to 
        develop a security plan under paragraph (1) in the absence of 
        grant funds under section 40504 of this title if not less than 
        3 days after making the determination the Secretary provides 
        the appropriate congressional committees and the public 
        transportation agency written notification detailing the need 
        for the security plan, the reasons grant funding has not been 
        made available, and the reason the agency has been designated 
        high risk.
  (d) Consistency with Other Plans.--The Secretary shall ensure that 
the security plans developed by public transportation agencies under 
this section are consistent with the security assessments developed by 
the Department and the National Strategy for Public Transportation 
Security developed under section 40502 of this title.
  (e) Updates.--The Secretary annually shall--
          (1) update the security assessments referred to in subsection 
        (a);
          (2) update the security improvement priorities required under 
        subsection (f); and
          (3) require public transportation agencies to update the 
        security plans required under subsection (c), as appropriate.
  (f) Security Improvement Priorities.--
          (1) In general.--Each fiscal year, the Secretary, after 
        consultation with management and nonprofit employee labor 
        organizations representing public transportation employees, as 
        appropriate, and with appropriate State and local officials, 
        shall utilize the information developed or received in this 
        section to establish security improvement priorities unique to 
        each individual public transportation agency that has been 
        assessed.
          (2) Allocations.--The Secretary shall use the security 
        improvement priorities established in paragraph (1) as the 
        basis for allocating risk-based grant funds under section 40504 
        of this title, unless the Secretary notifies the appropriate 
        congressional committees that the Secretary has determined an 
        adjustment is necessary to respond to an urgent threat or other 
        significant national security factors.
  (g) Shared Facilities.--The Secretary shall encourage the development 
and implementation of coordinated assessments and security plans to the 
extent a public transportation agency shares facilities (such as 
tunnels, bridges, stations, or platforms) with another public 
transportation agency, a freight or passenger railroad carrier, or 
over-the-road bus operator that is geographically close or otherwise 
co-located.
  (h) Nondisclosure of Information.--
          (1) Submission of information to congress.--Nothing in this 
        section shall be construed as authorizing the withholding of 
        any information from Congress.
          (2) Disclosure of independently furnished information.--
        Nothing in this section shall be construed as affecting any 
        authority or obligation of a Federal agency to disclose any 
        record or information that the Federal agency obtains from a 
        public transportation agency under any other Federal law.
  (i) Determination.--In response to a petition by a public 
transportation agency or at the discretion of the Secretary, the 
Secretary may recognize existing procedures, protocols, and standards 
of a public transportation agency that the Secretary determines meet 
all or part of the requirements of this section regarding security 
assessments or security plans.
Sec. 40504. Public transportation security improvement grants
  (a) Security Assistance Program.--
          (1) In general.--The Secretary shall establish a program for 
        making grants to eligible public transportation agencies for 
        security improvements described in subsection (b).
          (2) Eligibility.--A public transportation agency is eligible 
        for a grant under this section if the Secretary has performed a 
        security assessment or the agency has developed a security plan 
        under section 40503 of this title. Grant funds shall only be 
        awarded for permissible uses under subsection (b) to--
                  (A) address items included in a security assessment; 
                or
                  (B) further a security plan.
  (b) Uses of Funds.--A recipient of a grant under subsection (a) shall 
use the grant funds for one or more of the following:
          (1) Capital uses of funds, including--
                  (A) tunnel protection systems;
                  (B) perimeter protection systems, including access 
                control, installation of improved lighting, fencing, 
                and barricades;
                  (C) redundant critical operations control systems;
                  (D) chemical, biological, radiological, or explosive 
                detection systems, including the acquisition of canines 
                used for detection;
                  (E) surveillance equipment;
                  (F) communications equipment, including mobile 
                service equipment to provide access to wireless 
                Enhanced 911 (E911) emergency services in an 
                underground fixed guideway system;
                  (G) emergency response equipment, including personal 
                protective equipment;
                  (H) fire suppression and decontamination equipment;
                  (I) global positioning or tracking and recovery 
                equipment, and other automated-vehicle-locator-type 
                system equipment;
                  (J) evacuation improvements;
                  (K) purchase and placement of bomb-resistant trash 
                cans throughout public transportation facilities, 
                including subway exits, entrances, and tunnels;
                  (L) capital costs associated with security awareness, 
                security preparedness, and security response training, 
                including training under section 40506 of this title 
                and exercises under section 40505 of this title;
                  (M) security improvements for public transportation 
                systems, including extensions thereto, in final design 
                or under construction;
                  (N) security improvements for stations and other 
                public transportation infrastructure, including 
                stations and other public transportation infrastructure 
                owned by State or local governments; and
                  (O) other capital security improvements determined 
                appropriate by the Secretary.
          (2) Operating uses of funds, including--
                  (A) security training, including training under 
                section 40506 of this title and training developed by 
                institutions of higher education and by nonprofit 
                employee labor organizations, for public transportation 
                employees, including frontline employees;
                  (B) live or simulated exercises under section 40505 
                of this title;
                  (C) public awareness campaigns for enhanced public 
                transportation security;
                  (D) canine patrols for chemical, radiological, 
                biological, or explosives detection;
                  (E) development of security plans under section 40503 
                of this title;
                  (F) overtime reimbursement including reimbursement of 
                State, local, and tribal governments, for costs for 
                enhanced security personnel during significant national 
                and international public events;
                  (G) operational costs, including reimbursement of 
                State, local, and tribal governments for costs for 
                personnel assigned to full-time or part-time security 
                or counterterrorism duties related to public 
                transportation, provided that this expense totals no 
                more than 10 percent of the total grant funds received 
                by a public transportation agency in any 1 year; and
                  (H) other operational security costs determined 
                appropriate by the Secretary, excluding routine, 
                ongoing personnel costs, other than those set forth in 
                this section.
  (c) Secretary's Responsibilities.--In carrying out the 
responsibilities under subsection (a), the Secretary shall--
          (1) determine the requirements for recipients of grants under 
        this section, including application requirements;
          (2) under subsection (a)(2), select the recipients of grants 
        based solely on risk; and
          (3) under subsection (b), establish the priorities for which 
        grant funds may be used under this section.
  (d) Distribution of Grants.--The Secretary and the Secretary of 
Transportation shall determine the most effective and efficient way to 
distribute grant funds to the recipients of grants determined by the 
Secretary under subsection (a). Subject to the determination made by 
the Secretaries, the Secretary may transfer funds to the Secretary of 
Transportation for the purposes of disbursing funds to the grant 
recipient.
  (e) Grant Subject to Certain Terms and Conditions.--Except as 
otherwise specifically provided in this section, a grant provided under 
this section is subject to the terms and conditions applicable to a 
grant made under section 5307 of title 49, as in effect on January 1, 
2007, and other terms and conditions determined necessary by the 
Secretary.
  (f) Limitation on Uses of Funds.--Grants made under this section may 
not be used to make any State or local government cost-sharing 
contribution under any other Federal law.
  (g) Annual Reports.--Each recipient of a grant under this section 
shall report annually to the Secretary on the use of the grant funds.
  (h) Guidelines on Use of Contractors and Subcontractors.--Before the 
distribution of funds to recipients of grants, the Secretary shall 
issue guidelines to ensure that, to the extent that recipients of 
grants under this section use contractors or subcontractors, the 
recipients shall use small, minority, women-owned, or disadvantaged 
business concerns as contractors or subcontractors to the extent 
practicable.
  (i) Coordination with State Homeland Security Plans.--In establishing 
security improvement priorities under section 40503 of this title and 
in awarding grants for capital security improvements and operational 
security improvements under subsection (b), the Secretary shall act 
consistently with relevant State homeland security plans.
  (j) Multistate Transportation Systems.--In cases in which a public 
transportation system operates in more than one State, the Secretary 
shall give appropriate consideration to the risks of the entire system, 
including those portions of the States into which the system crosses, 
in establishing security improvement priorities under section 40503 of 
this title and in awarding grants for capital security improvements and 
operational security improvements under subsection (b).
  (k) Congressional Notification.--Not later than 3 days before the 
award of any grant under this section, the Secretary shall notify 
simultaneously the appropriate congressional committees of the intent 
to award the grant.
  (l) Return of Misspent Grant Funds.--The Secretary shall establish a 
process to require the return of any misspent grant funds received 
under this section determined to have been spent for a purpose other 
than those specified in the grant award.
Sec. 40505. Security exercises
  (a) In General.--The Secretary shall establish a program for 
conducting security exercises for public transportation agencies for 
the purpose of assessing and improving the capabilities of entities 
described in subsection (b) to prevent, prepare for, mitigate against, 
respond to, and recover from acts of terrorism.
  (b) Covered Entities.--Entities to be assessed under the program 
include--
          (1) Federal, State, and local agencies and tribal 
        governments;
          (2) public transportation agencies;
          (3) governmental and nongovernmental emergency response 
        providers and law enforcement personnel, including transit 
        police; and
          (4) any other organization or entity that the Secretary 
        determines appropriate.
  (c) Requirements.--The Secretary shall ensure that the program--
          (1) requires, for public transportation agencies that the 
        Secretary considers appropriate, exercises to be conducted that 
        are--
                  (A) scaled and tailored to the needs of specific 
                public transportation systems, and include taking into 
                account the needs of the elderly and individuals with 
                disabilities;
                  (B) live;
                  (C) coordinated with appropriate officials;
                  (D) as realistic as practicable and based on current 
                risk assessments, including credible threats, 
                vulnerabilities, and consequences;
                  (E) inclusive, as appropriate, of frontline employees 
                and managers; and
                  (F) consistent with the National Incident Management 
                System, the National Response Plan, the National 
                Infrastructure Protection Plan, the National 
                Preparedness Guidance, the National Preparedness Goal, 
                and other national initiatives of this type;
          (2) provides that exercises described in paragraph (1) will 
        be--
                  (A) evaluated by the Secretary against clear and 
                consistent performance measures;
                  (B) assessed by the Secretary to learn best 
                practices, which shall be shared with appropriate 
                Federal, State, local, and tribal officials, 
                governmental and nongovernmental emergency response 
                providers, law enforcement personnel, including 
                railroad and transit police, and appropriate 
                stakeholders; and
                  (C) followed by remedial action by covered entities 
                in response to lessons learned;
          (3) involves individuals in neighborhoods around the 
        infrastructure of a public transportation system; and
          (4) assists State, local, and tribal governments and public 
        transportation agencies in designing, implementing, and 
        evaluating exercises that conform to the requirements of 
        paragraph (2).
  (d) National Exercise Program.--The Secretary shall ensure that the 
exercise program developed under subsection (a) is a component of the 
national exercise program established under section 20508 of this 
title.
  (e) Ferry System Exemption.--This section does not apply to a ferry 
system for which drills are required to be conducted under section 
70103 of title 46.
Sec. 40506. Public transportation security training program
  (a) Applicability.--A public transportation agency that receives a 
grant award under this chapter shall develop and implement a security 
training program under this section.
  (b) In General.--The Secretary shall develop and issue detailed final 
regulations for a public transportation security training program to 
prepare public transportation employees, including frontline employees, 
for potential security threats and conditions.
  (c) Consultation.--The Secretary shall develop the final regulations 
under subsection (b) in consultation with--
          (1) appropriate law enforcement, fire service, security, and 
        terrorism experts;
          (2) representatives of public transportation agencies; and
          (3) nonprofit employee labor organizations representing 
        public transportation employees or emergency response 
        personnel.
  (d) Program Elements.--The final regulations developed under 
subsection (b) shall require security training programs to include, at 
a minimum, elements to address the following:
          (1) Determination of the seriousness of any occurrence or 
        threat.
          (2) Crew and passenger communication and coordination.
          (3) Appropriate responses to defend oneself, including using 
        nonlethal defense devices.
          (4) Use of personal protective devices and other protective 
        equipment.
          (5) Evacuation procedures for passengers and employees, 
        including individuals with disabilities and the elderly.
          (6) Training related to behavioral and psychological 
        understanding of, and responses to, terrorist incidents, 
        including the ability to cope with hijacker behavior, and 
        passenger responses.
          (7) Live situational training exercises regarding various 
        threat conditions, including tunnel evacuation procedures.
          (8) Recognition and reporting of dangerous substances and 
        suspicious packages, persons, and situations.
          (9) Understanding security incident procedures, including 
        procedures for communicating with governmental and 
        nongovernmental emergency response providers and for on-scene 
        interaction with emergency response providers.
          (10) Operation and maintenance of security equipment and 
        systems.
          (11) Other security training activities that the Secretary 
        considers appropriate.
  (e) Required Programs.--
          (1) Development and submission to secretary.--Not later than 
        90 days after a public transportation agency meets the 
        requirements under subsection (a), the public transportation 
        agency shall develop a security training program in accordance 
        with the regulations developed under subsection (b) and submit 
        the program to the Secretary for approval.
          (2) Approval.--Not later than 60 days after receiving a 
        security training program proposal under this subsection, the 
        Secretary shall approve the program or require the public 
        transportation agency that developed the program to make any 
        revisions to the program that the Secretary determines 
        necessary for the program to meet the requirements of the 
        regulations. A public transportation agency shall respond to 
        the Secretary's comments within 30 days after receiving them.
          (3) Training.--Not later than 1 year after the Secretary 
        approves a security training program proposal under this 
        subsection, the public transportation agency that developed the 
        program shall complete the training of all employees covered 
        under the program.
          (4) Updates of regulations and program revisions.--The 
        Secretary shall periodically review and update, as appropriate, 
        the training regulations issued under subsection (b) to reflect 
        new or changing security threats. Each public transportation 
        agency shall revise its training program accordingly and 
        provide additional training as necessary to its workers within 
        a reasonable time after the regulations are updated.
  (f) Long-Term Training Requirement.--A public transportation agency 
required to develop a security training program under this section 
shall provide routine and ongoing training for employees covered under 
the program, regardless of whether the public transportation agency 
receives subsequent grant awards.
  (g) National Training Program.--The Secretary shall ensure that the 
training program developed under subsection (b) is a component of the 
national training program established under section 20508 of this 
title.
  (h) Ferry Exemption.--This section shall not apply to a ferry system 
for which training is required to be conducted under section 70103 of 
title 46.
Sec. 40507. Public transportation research and development
  (a) Establishment of Research and Development Program.--The Secretary 
shall carry out, through the Homeland Security Advanced Research 
Projects Agency in the Science and Technology Directorate and in 
consultation with the Transportation Security Administration and the 
Federal Transit Administration, a research and development program to 
improve the security of transportation systems.
  (b) Awarding of Grants and Contracts.--The Secretary shall award 
grants or contracts to public or private entities to conduct research 
and demonstrate technologies and methods to reduce and deter terrorist 
threats or mitigate damages resulting from terrorist attacks against 
public transportation systems.
  (c) Use of Funds.--Grants or contracts awarded under this section--
          (1) shall be coordinated with activities of the Homeland 
        Security Advanced Research Projects Agency; and
          (2) may be used to--
                  (A) research chemical, biological, radiological, or 
                explosive detection systems that do not significantly 
                impede passenger access;
                  (B) research imaging technologies;
                  (C) conduct product evaluations and testing;
                  (D) improve security and redundancy for critical 
                communications, electrical power, and computer and 
                train control systems;
                  (E) develop technologies for securing tunnels, 
                transit bridges, and aerial structures;
                  (F) research technologies that mitigate damages in 
                the event of a cyberattack; and
                  (G) research other technologies or methods for 
                reducing or deterring terrorist attacks against public 
                transportation systems, or mitigating damage from 
                attacks.
  (d) Privacy and Civil Rights and Civil Liberties Issues.--
          (1) Consultation.--In carrying out research and development 
        projects under this section, the Secretary shall consult with 
        the Chief Privacy Officer of the Department and the Officer for 
        Civil Rights and Civil Liberties of the Department, as 
        appropriate, and in accordance with section 10543 of this 
        title.
          (2) Privacy impact assessments.--In accordance with sections 
        10543 and 11505 of this title, the Chief Privacy Officer shall 
        conduct privacy impact assessments and the Officer for Civil 
        Rights and Civil Liberties shall conduct reviews, as 
        appropriate, for research and development initiatives developed 
        under this section.
  (e) Reporting Requirement.--Each entity that is awarded a grant or 
contract under this section shall report annually to the Department on 
the use of grant or contract funds received under this section to 
ensure that the awards made are expended in accordance with the 
purposes of this chapter and the priorities developed by the Secretary.
  (f) Coordination.--The Secretary shall ensure that the research is 
consistent with the priorities established in the National Strategy for 
Public Transportation Security and is coordinated, to the extent 
practicable, with other Federal, State, local, tribal, and private-
sector public transportation, railroad, commuter railroad, and over-
the-road bus research initiatives to leverage resources and avoid 
unnecessary duplicative efforts.
  (g) Return of Misspent Grant or Contract Funds.--If the Secretary 
determines that a grantee or contractor used any portion of the grant 
or contract funds received under this section for a purpose other than 
the allowable uses specified under subsection (c), the grantee or 
contractor shall return that amount to the Treasury.
Sec. 40508. Information sharing
  (a) Intelligence Sharing.--The Secretary shall ensure that the 
Department of Transportation receives appropriate and timely 
notification of all credible terrorist threats against public 
transportation assets in the United States.
  (b) Information Sharing and Analysis Center.--
          (1) Authorization.--The Secretary shall provide for the 
        reasonable costs of the Information Sharing and Analysis Center 
        for Public Transportation (in this subsection referred to as 
        the ``ISAC'').
          (2) Participation.--The Secretary--
                  (A) shall require public transportation agencies that 
                the Secretary determines to be at high risk of 
                terrorist attack to participate in the ISAC;
                  (B) shall encourage all other public transportation 
                agencies to participate in the ISAC;
                  (C) shall encourage the participation of nonprofit 
                employee labor organizations representing public 
                transportation employees, as appropriate; and
                  (D) shall not charge a fee for participating in the 
                ISAC.
Sec. 40509. Reporting requirements
  (a) Annual Report to Congress.--
          (1) In general.--Not later than March 31 of each year, the 
        Secretary shall submit a report, containing the information 
        described in paragraph (2), to the appropriate congressional 
        committees.
          (2) Contents.--The report submitted under paragraph (1) shall 
        include--
                  (A) a description of the implementation of the 
                provisions of this chapter;
                  (B) the amount of funds appropriated to carry out the 
                provisions of this chapter that have not been expended 
                or obligated;
                  (C) the National Strategy for Public Transportation 
                Security required under section 40502 of this title;
                  (D) an estimate of the cost to implement the National 
                Strategy for Public Transportation Security, which 
                shall break out the aggregated total cost of needed 
                capital and operational security improvements for 
                fiscal years 2017 and 2018; and
                  (E) the state of public transportation security in 
                the United States, which shall include detailing the 
                status of security assessments, the progress being made 
                around the country in developing prioritized lists of 
                security improvements necessary to make public 
                transportation facilities and passengers more secure, 
                the progress being made by agencies in developing 
                security plans and how those plans differ from the 
                security assessments, and a prioritized list of 
                security improvements being compiled by other agencies, 
                as well as a random sample of an equal number of large- 
                and small-scale projects currently underway.
          (3) Format.--The Secretary may submit the report in both 
        classified and redacted formats if the Secretary determines 
        that it is appropriate or necessary.
  (b) Annual Report to Chief Executive Officers.--
          (1) In general.--Not later than March 31 of each year, the 
        Secretary shall submit a report to the chief executive officer 
        of each State with a public transportation agency that has 
        received a grant under this chapter.
          (2) Contents.--The report submitted under paragraph (1) shall 
        specify--
                  (A) the amount of grant funds distributed to each 
                public transportation agency; and
                  (B) the use of the grant funds.
Sec. 40510.  Public transportation employee protections
  (a) In General.--A public transportation agency, a contractor or a 
subcontractor of the agency, or an officer or employee of the agency, 
shall not discharge, demote, suspend, reprimand, or in any other way 
discriminate against an employee if the discrimination is due, in whole 
or in part, to the employee's lawful, good faith act done, or perceived 
by the employer to have been done or about to be done--
          (1) to provide information, directly cause information to be 
        provided, or otherwise directly assist in any investigation 
        regarding any conduct that the employee reasonably believes 
        constitutes a violation of any Federal law, rule, or regulation 
        relating to public transportation safety or security, or fraud, 
        waste, or abuse of Federal grants or other public funds 
        intended to be used for public transportation safety or 
        security, if the information or assistance is provided to, or 
        an investigation stemming from the provided information is 
        conducted by--
                  (A) a Federal, State, or local regulatory or law 
                enforcement agency (including an office of the 
                Inspector General under the Inspector General Act of 
                1978 (Public Law 95-452, 5 U.S.C. App.));
                  (B) a member of Congress, a committee of Congress, or 
                the Government Accountability Office; or
                  (C) an individual with supervisory authority over the 
                employee, or another individual who has the authority 
                to investigate, discover, or terminate the misconduct;
          (2) to refuse to violate or assist in the violation of any 
        Federal law, rule, or regulation relating to public 
        transportation safety or security;
          (3) to file a complaint or directly cause to be brought a 
        proceeding relating to the enforcement of this section or to 
        testify in that proceeding;
          (4) to cooperate with a safety or security investigation by 
        the Secretary of Transportation, the Secretary, or the National 
        Transportation Safety Board; or
          (5) to furnish information to the Secretary of 
        Transportation, the Secretary, the National Transportation 
        Safety Board, or another Federal, State, or local regulatory or 
        law enforcement agency as to the facts relating to any accident 
        or incident resulting in injury or death to an individual or 
        damage to property occurring in connection with public 
        transportation.
  (b) Hazardous Safety or Security Conditions.--
          (1) In general.--A public transportation agency, a contractor 
        or a subcontractor of the agency, or an officer or employee of 
        the agency, shall not discharge, demote, suspend, reprimand, or 
        in any other way discriminate against an employee for--
                  (A) reporting a hazardous safety or security 
                condition;
                  (B) refusing to work when confronted by a hazardous 
                safety or security condition related to the performance 
                of the employee's duties, if the conditions described 
                in paragraph (2) exist; or
                  (C) refusing to authorize the use of any safety- or 
                security-related equipment, track, or structures, if 
                the employee is responsible for the inspection or 
                repair of the equipment, track, or structures, when the 
                employee believes that the equipment, track, or 
                structures are in a hazardous safety or security 
                condition, if the conditions described in paragraph (2) 
                exist.
          (2) Protected refusal.--A refusal is protected under 
        subparagraphs (B) and (C) of paragraph (1) if--
                  (A) the refusal is made in good faith and no 
                reasonable alternative to the refusal is available to 
                the employee;
                  (B) a reasonable individual in the circumstances then 
                confronting the employee would conclude that--
                          (i) the hazardous condition presents an 
                        imminent danger of death or serious injury; and
                          (ii) the urgency of the situation does not 
                        allow sufficient time to eliminate the danger 
                        without the refusal; and
                  (C) the employee, where possible, has notified the 
                public transportation agency of the existence of the 
                hazardous condition and the intention not to perform 
                further work, or not to authorize the use of the 
                hazardous equipment, track, or structures, unless the 
                condition is corrected immediately or the equipment, 
                track, or structures are repaired properly or replaced.
          (3) Limited applicability.--Only paragraph (1)(A) applies to 
        security personnel, including transit police, employed or 
        utilized by a public transportation agency to protect riders, 
        equipment, assets, or facilities.
  (c) Enforcement Action.--
          (1) Filing and notification.--An individual who believes that 
        he or she has been discharged or otherwise discriminated 
        against by a person in violation of subsection (a) or (b) may, 
        not later than 180 days after the date on which the violation 
        occurs, file (or have a person file on his or her behalf) a 
        complaint with the Secretary of Labor alleging the discharge or 
        discrimination. On receipt of a complaint filed under this 
        paragraph, the Secretary of Labor shall notify, in writing, the 
        individual named in the complaint and the individual's employer 
        of the filing of the complaint, the allegations contained in 
        the complaint, the substance of evidence supporting the 
        complaint, and the opportunities that will be afforded to the 
        individual under paragraph (2).
          (2) Investigation; preliminary order.--
                  (A) In general.--Not later than 60 days after the 
                date of receipt of a complaint filed under paragraph 
                (1) and after affording the individual named in the 
                complaint an opportunity to submit to the Secretary of 
                Labor a written response to the complaint and an 
                opportunity to meet with a representative of the 
                Secretary of Labor to present statements from 
                witnesses, the Secretary of Labor shall conduct an 
                investigation and determine whether there is reasonable 
                cause to believe that the complaint has merit and 
                notify, in writing, the complainant and the person 
                alleged to have committed a violation of subsection (a) 
                or (b) of the Secretary of Labor's findings. If the 
                Secretary of Labor concludes that there is a reasonable 
                cause to believe that a violation of subsection (a) or 
                (b) has occurred, the Secretary of Labor shall 
                accompany the Secretary of Labor's findings with a 
                preliminary order providing the relief prescribed by 
                paragraph (3)(B). Not later than 30 days after the date 
                of notification of findings under this paragraph, 
                either the person alleged to have committed the 
                violation or the complainant may file objections to the 
                findings or preliminary order, or both, and request a 
                hearing on the record. The filing of objections shall 
                not operate to stay a reinstatement remedy contained in 
                the preliminary order. Hearings shall be conducted 
                expeditiously. If a hearing is not requested in the 30-
                day period, the preliminary order shall be deemed a 
                final order that is not subject to judicial review.
                  (B) Requirements.--
                          (i) Required showing by complainant.--The 
                        Secretary of Labor shall dismiss a complaint 
                        filed under this subsection and shall not 
                        conduct an investigation otherwise required 
                        under subparagraph (A) unless the complainant 
                        makes a prima facie showing that any behavior 
                        described in subsection (a) or (b) was a 
                        contributing factor in the unfavorable 
                        personnel action alleged in the complaint.
                          (ii) Showing by employer.--Notwithstanding a 
                        finding by the Secretary of Labor that the 
                        complainant has made the showing required under 
                        clause (i), no investigation otherwise required 
                        under paragraph (A) shall be conducted if the 
                        employer demonstrates, by clear and convincing 
                        evidence, that the employer would have taken 
                        the same unfavorable personnel action in the 
                        absence of that behavior.
                          (iii) Criterion for determination by 
                        secretary of labor.--The Secretary of Labor may 
                        determine that a violation of subsection (a) or 
                        (b) has occurred only if the complainant 
                        demonstrates that any behavior described in 
                        subsection (a) or (b) was a contributing factor 
                        in the unfavorable personnel action alleged in 
                        the complaint.
                          (iv) Prohibition.--Relief may not be ordered 
                        under paragraph (A) if the employer 
                        demonstrates by clear and convincing evidence 
                        that the employer would have taken the same 
                        unfavorable personnel action in the absence of 
                        that behavior.
          (3) Final order.--
                  (A) Deadline for issuance; settlement agreements.--
                Not later than 120 days after the date of conclusion of 
                a hearing under paragraph (2), the Secretary of Labor 
                shall issue a final order providing the relief 
                prescribed by this paragraph or denying the complaint. 
                At any time before issuance of a final order, a 
                proceeding under this subsection may be terminated on 
                the basis of a settlement agreement entered into by the 
                Secretary of Labor, the complainant, and the person 
                alleged to have committed the violation.
                  (B) Remedy.--If, in response to a complaint filed 
                under paragraph (1), the Secretary of Labor determines 
                that a violation of subsection (a) or (b) has occurred, 
                the Secretary of Labor shall order the person who 
                committed the violation to--
                          (i) take affirmative action to abate the 
                        violation; and
                          (ii) provide the remedies described in 
                        subsection (d).
                  (C) Order.--If an order is issued under subparagraph 
                (B), the Secretary of Labor, at the request of the 
                complainant, shall assess against the person against 
                whom the order is issued a sum equal to the aggregate 
                amount of all costs and expenses (including attorney 
                and expert witness fees) reasonably incurred, as 
                determined by the Secretary of Labor, by the 
                complainant for, or in connection with, bringing the 
                complaint on which the order was issued.
                  (D) Frivolous complaints.--If the Secretary of Labor 
                finds that a complaint under paragraph (1) is frivolous 
                or has been brought in bad faith, the Secretary of 
                Labor may award to the prevailing employer reasonable 
                attorney fees not exceeding $1,000.
          (4) Review.--
                  (A) Appeal to court of appeals.--A person adversely 
                affected or aggrieved by an order issued under 
                paragraph (3) may obtain review of the order in the 
                United States Court of Appeals for the circuit in which 
                the violation, with respect to which the order was 
                issued, allegedly occurred or the circuit in which the 
                complainant resided on the date of the violation. The 
                petition for review must be filed not later than 60 
                days after the date of the issuance of the final order 
                of the Secretary of Labor. Review shall conform to 
                chapter 7 of title 5. The commencement of proceedings 
                under this subparagraph shall not, unless ordered by 
                the court, operate as a stay of the order.
                  (B) Limitation on collateral attack.--An order of the 
                Secretary of Labor with respect to which review could 
                have been obtained under subparagraph (A) shall not be 
                subject to judicial review in any criminal or other 
                civil proceeding.
          (5) Enforcement of order by secretary of labor.--When a 
        person fails to comply with an order issued under paragraph 
        (3), the Secretary of Labor may file a civil action in the 
        United States district court for the district in which the 
        violation was found to occur to enforce the order. In actions 
        brought under this paragraph, the district courts have 
        jurisdiction to grant all appropriate relief including 
        injunctive relief and compensatory damages.
          (6) Enforcement of order by parties.--
                  (A) Commencement of action.--An individual on whose 
                behalf an order was issued under paragraph (3) may 
                commence a civil action against the person to whom the 
                order was issued to require compliance with the order. 
                The appropriate United States district court has 
                jurisdiction, without regard to the amount in 
                controversy or the citizenship of the parties, to 
                enforce the order.
                  (B) Attorney fees.--The court, in issuing a final 
                order under this paragraph, may award costs of 
                litigation (including reasonable attorney and expert 
                witness fees) to any party when the court determines an 
                award is appropriate.
          (7) De novo review.--With respect to a complaint under 
        paragraph (1), if the Secretary of Labor has not issued a final 
        decision within 210 days after the filing of the complaint and 
        if the delay is not due to the bad faith of the employee, the 
        employee may bring an original action at law or equity for de 
        novo review in the appropriate district court of the United 
        States, which has jurisdiction over the action without regard 
        to the amount in controversy, and which action shall, at the 
        request of either party to the action, be tried by the court 
        with a jury. The action shall be governed by the same legal 
        burdens of proof specified in paragraph (2)(B) for review by 
        the Secretary of Labor.
  (d) Remedies.--
          (1) In general.--An employee prevailing in any action under 
        subsection (c) is entitled to all relief necessary to make the 
        employee whole.
          (2) Damages.--Relief in an action under subsection (c) 
        (including an action described in subsection (c)(7)) includes--
                  (A) reinstatement with the same seniority status that 
                the employee would have had, but for the 
                discrimination;
                  (B) any backpay, with interest; and
                  (C) compensatory damages, including compensation for 
                any special damages sustained as a result of the 
                discrimination, including litigation costs, expert 
                witness fees, and reasonable attorney fees.
          (3) Punitive damages.--Relief in an action under subsection 
        (c) may include punitive damages in an amount not to exceed 
        $250,000.
  (e) Election of Remedies.--An employee may not seek protection under 
both this section and another provision of law for the same allegedly 
unlawful act of the public transportation agency.
  (f) No Preemption.--Nothing in this section preempts or diminishes 
any other safeguards against discrimination, demotion, discharge, 
suspension, threats, harassment, reprimand, retaliation, or other 
manner of discrimination provided by Federal or State law.
  (g) Rights Retained by Employee.--Nothing in this section shall be 
construed to diminish the rights, privileges, or remedies of an 
employee under Federal or State law or under a collective bargaining 
agreement. The rights and remedies in this section may not be waived by 
an agreement, policy, form, or condition of employment.
  (h) Disclosure of Identity.--
          (1) In general.--Except as provided in paragraph (2), or with 
        the written consent of the employee, the Secretary of 
        Transportation or the Secretary may not disclose the name of an 
        employee who has provided information described in subsection 
        (a)(1).
          (2) Exception.-- The Secretary of Transportation or the 
        Secretary shall disclose to the Attorney General the name of an 
        employee described in paragraph (1) if the matter is referred 
        to the Attorney General for enforcement. The Secretary making 
        the disclosure shall provide reasonable advance notice to the 
        affected employee if disclosure of that individual's identity 
        or identifying information is to occur.
  (i) Process for Reporting Security Problems to the Department.--
          (1) Establishment of process.--The Secretary shall establish 
        through regulations after an opportunity for notice and 
        comment, and provide information to the public regarding, a 
        process by which a person may submit a report to the Secretary 
        regarding public transportation security problems, 
        deficiencies, or vulnerabilities.
          (2) Acknowledgment of receipt.--If a report submitted under 
        paragraph (1) identifies the person making the report, the 
        Secretary shall respond promptly to the person and acknowledge 
        receipt of the report.
          (3) Steps to address problem.--The Secretary shall review and 
        consider the information provided in a report submitted under 
        paragraph (1) and shall take appropriate steps to address any 
        problems or deficiencies identified.
Sec. 40511. Security background checks of covered individuals for 
                    public transportation
  (a) Definitions.--In this section:
          (1) Covered individual.--The term ``covered individual'' 
        means an employee of a public transportation agency or a 
        contractor or subcontractor of a public transportation agency.
          (2) Security background check.--The term ``security 
        background check'' means reviewing the following for the 
        purpose of identifying an individual who may pose a threat to 
        transportation security, national security, or of terrorism:
                  (A) Relevant criminal history databases.
                  (B) In the case of an alien (as defined in section 
                101 of the Immigration and Nationality Act (8 U.S.C. 
                1101)), the relevant databases to determine the status 
                of the alien under the immigration laws of the United 
                States.
                  (C) Other relevant information or databases, as 
                determined by the Secretary.
  (b) Guidance.--
          (1) In general.--Guidance, recommendations, suggested action 
        items, and other widely disseminated voluntary action items 
        issued by the Secretary to a public transportation agency or a 
        contractor or subcontractor of a public transportation agency 
        relating to performing a security background check of a covered 
        individual shall contain recommendations on the appropriate 
        scope and application of a security background check, including 
        the time period covered, the types of disqualifying offenses, 
        and a redress process for adversely impacted covered 
        individuals consistent with subsections (c) and (d).
          (2) Adequate redress process.--If a public transportation 
        agency or a contractor or subcontractor of a public 
        transportation agency performs a security background check on a 
        covered individual to fulfill guidance issued by the Secretary 
        under paragraph (1), the Secretary shall not consider the 
        guidance fulfilled unless an adequate redress process as 
        described in subsection (d) is provided to covered individuals.
  (c) Requirements.--If the Secretary issues a rule, regulation or 
directive requiring a public transportation agency or contractor or 
subcontractor of a public transportation agency to perform a security 
background check of a covered individual, then the Secretary shall 
prohibit a public transportation agency or contractor or subcontractor 
of a public transportation agency from making an adverse employment 
decision, including removal or suspension of the employee, due to the 
rule, regulation, or directive with respect to a covered individual 
unless the public transportation agency or contractor or subcontractor 
of a public transportation agency determines that the covered 
individual--
          (1) has been convicted of, has been found not guilty of by 
        reason of insanity, or is under want, warrant, or indictment 
        for a permanent disqualifying criminal offense listed in part 
        1572 of title 49, Code of Federal Regulations;
          (2) was convicted of or found not guilty by reason of 
        insanity of an interim disqualifying criminal offense listed in 
        part 1572 of title 49, Code of Federal Regulations, within 7 
        years of the date that the public transportation agency or 
        contractor or subcontractor of the public transportation agency 
        performs the security background check; or
          (3) was incarcerated for an interim disqualifying criminal 
        offense listed in part 1572 of title 49, Code of Federal 
        Regulations, and released from incarceration within 5 years of 
        the date that the public transportation agency or contractor or 
        subcontractor of a public transportation agency performs the 
        security background check.
  (d) Redress Process.--If the Secretary issues a rule, regulation, or 
directive requiring a public transportation agency or contractor or 
subcontractor of a public transportation agency to perform a security 
background check of a covered individual, the Secretary shall--
          (1) provide an adequate redress process for a covered 
        individual subjected to an adverse employment decision, 
        including removal or suspension of the employee, due to the 
        rule, regulation, or directive that is consistent with the 
        appeals and waiver process established for applicants for 
        commercial motor vehicle hazardous materials endorsements and 
        transportation workers at ports, as required by section 
        70105(c) of title 46; and
          (2) have the authority to order an appropriate remedy, 
        including reinstatement of the covered individual, should the 
        Secretary determine that a public transportation agency or 
        contractor or subcontractor of a public transportation agency 
        wrongfully made an adverse employment decision regarding a 
        covered individual pursuant to the rule, regulation, or 
        directive.
  (e) False Statements.--A public transportation agency or a contractor 
or subcontractor of a public transportation agency may not knowingly 
misrepresent to an employee or other relevant person, including an 
arbiter involved in a labor arbitration, the scope, application, or 
meaning of rules, regulations, directives, or guidance issued by the 
Secretary related to security background check requirements for covered 
individuals when conducting a security background check. The Secretary 
shall issue a regulation that prohibits a public transportation agency 
or a contractor or subcontractor of a public transportation agency from 
knowingly misrepresenting to an employee or other relevant person, 
including an arbiter involved in a labor arbitration, the scope, 
application, or meaning of rules, regulations, directives, or guidance 
issued by the Secretary related to security background check 
requirements for covered individuals when conducting a security 
background check.
  (f) Rights and Responsibilities.--Nothing in this section shall be 
construed to abridge a public transportation agency's or a contractor 
or subcontractor of a public transportation agency's rights or 
responsibilities to make adverse employment decisions permitted by 
other Federal, State, or local laws. Nothing in the section shall be 
construed to abridge rights and responsibilities of covered 
individuals, a public transportation agency, or a contractor or 
subcontractor of a public transportation agency under any other 
Federal, State, or local laws or collective bargaining agreement.
  (g) No Preemption of Federal or State Law.--Nothing in this section 
shall be construed to preempt a Federal, State, or local law that 
requires criminal history background checks, immigration status checks, 
or other background checks of covered individuals.
  (h) Statutory Construction.--Nothing in this section shall be 
construed to affect the process for review established under section 
70105(c) of title 46, including regulations issued under that section.
Sec. 40512. Limitation on fines and civil penalties
  (a) Inspectors.--Surface transportation inspectors shall be 
prohibited from issuing fines to public transportation agencies for 
violations of the Department's regulations or orders except through the 
process described in subsection (b)
  (b) Civil Penalties.--The Secretary shall be prohibited from 
assessing civil penalties against public transportation agencies for 
violations of the Department's regulations or orders, except in 
accordance with the following:
          (1) Violation of regulation or order.--In the case of a 
        public transportation agency that is found to be in violation 
        of a regulation or order issued by the Secretary, the Secretary 
        shall seek correction of the violation through a written notice 
        to the public transportation agency and shall give the public 
        transportation agency reasonable opportunity to correct the 
        violation or propose an alternative means of compliance 
        acceptable to the Secretary.
          (2) No correction or proposed alternative compliance.--If the 
        public transportation agency does not correct the violation or 
        propose an alternative means of compliance acceptable to the 
        Secretary within a reasonable time period that is specified in 
        the written notice, the Secretary may take an action authorized 
        in chapter 113 of this title.
  (c) Limitation on Secretary.--The Secretary shall not initiate civil 
enforcement actions for violations of administrative and procedural 
requirements pertaining to the application for and expenditure of funds 
awarded under transportation security grant programs under this 
chapter.

              Chapter 407--Surface Transportation 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.
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.

                         Subchapter I--General

Sec. 40701. Definitions
  In this chapter:
          (1) Amtrak.--The term ``Amtrak'' means the National Railroad 
        Passenger Corporation.
          (2) Appropriate congressional committee.--The term 
        ``appropriate congressional committee'' means the Committee on 
        Commerce, Science, and Transportation and the Committee on 
        Homeland Security and Governmental Affairs of the Senate and 
        the Committee on Homeland Security and the Committee on 
        Transportation and Infrastructure of the House.
          (3) Disadvantaged business concern.--The term ``disadvantaged 
        business concern'' means a small business that is owned and 
        controlled by socially and economically disadvantaged 
        individuals as defined in part 124, title 13, Code of Federal 
        Regulations.
          (4) Over-the-road bus.--The term ``over-the-road bus'' means 
        a bus characterized by an elevated passenger deck located over 
        a baggage compartment.
          (5) Over-the-road bus frontline employee.--The term ``over-
        the-road bus frontline employee'' means an over-the-road bus 
        driver, security employee, dispatcher, maintenance or 
        maintenance support employee, ticket agent, other terminal 
        employee, or any other employee of an over-the-road bus 
        operator or terminal owner or operator that the Secretary 
        determines should receive security training under this title.
          (6) Railroad.--The term ``railroad'' has the meaning given 
        the term in section 20102 of title 49.
          (7) Railroad carrier.--The term ``railroad carrier'' has the 
        meaning given the term in section 20102 of title 49.
          (8) Railroad frontline employee.--The term ``railroad 
        frontline employee'' means a security employee, dispatcher, 
        locomotive engineer, conductor, trainman, other onboard 
        employee, maintenance or maintenance support employee, bridge 
        tender, or any other employee of a railroad carrier that the 
        Secretary determines should receive security training under 
        this chapter.
          (9) Security-sensitive material.--The term ``security-
        sensitive material'' means a material, or a group or class of 
        material, in a particular amount and form that the Secretary, 
        in consultation with the Secretary of Transportation, 
        determines, through a rulemaking with opportunity for public 
        comment, poses a significant risk to national security while 
        being transported in commerce due to the potential use of the 
        material in an act of terrorism. In making a designation, the 
        Secretary shall, at a minimum, consider the following:
                  (A) Class 7 radioactive materials.
                  (B) Division 1.1, 1.2, or 1.3 explosives.
                  (C) Materials poisonous or toxic by inhalation, 
                including Division 2.3 gases and Division 6.1 
                materials.
                  (D) A select agent or toxin regulated by the Centers 
                for Disease Control and Prevention under part 73 of 
                title 42, Code of Federal Regulations.
          (10) State.--The term ``State'' means a State, the District 
        of Columbia, Puerto Rico, the Northern Mariana Islands, the 
        Virgin Islands, Guam, American Samoa, and any other territory 
        (including a possession) of the United States.
          (11) Terrorism.--The term ``terrorism'' has the meaning given 
        the term in section 10101 of this title.
          (12) Transportation.--The term ``transportation'', as used 
        with respect to an over-the-road bus, means the movement of 
        passengers or property by an over-the-road bus--
                  (A) in the jurisdiction of the United States between 
                a place in a State and a place outside the State 
                (including a place outside the United States); or
                  (B) in a State that affects trade, traffic, and 
                transportation described in subparagraph (A).
          (13) United states.--The term ``United States'' means the 
        States, the District of Columbia, Puerto Rico, the Northern 
        Mariana Islands, the Virgin Islands, Guam, American Samoa, and 
        any other territory (including a possession) of the United 
        States.
Sec. 40702. Oversight and grant procedures
  (a) Secretarial Oversight.--The Secretary, in coordination with the 
Secretary of Transportation for grants awarded to Amtrak, shall 
establish necessary procedures, including monitoring and audits, to 
ensure that grants made under this chapter are expended in accordance 
with the purposes of this chapter and the priorities and other criteria 
developed by the Secretary.
  (b) Additional Audits and Reviews.--The Secretary, and the Secretary 
of Transportation for grants awarded to Amtrak, may award contracts to 
undertake additional audits and reviews of the safety, security, 
procurement, management, and financial compliance of a recipient of 
amounts under this chapter.
  (c) Procedures for Grant Award.--The Secretary shall prescribe 
procedures and schedules for the awarding of grants under this chapter, 
including application and qualification procedures, and a record of 
decision on applicant eligibility. The procedures shall include the 
execution of a grant agreement between the grant recipient and the 
Secretary and shall be consistent, to the extent practicable, with the 
grant procedures established under section 70107(i) and (j) of title 
46.
  (d) Additional Authority.--
          (1) Issuance.--The Secretary may issue non-binding letters of 
        intent to recipients of a grant under this chapter, to commit 
        funding from future budget authority of an amount, not more 
        than the Federal Government's share of the project's cost, for 
        a capital improvement project.
          (2) Schedule.--The letter of intent under this subsection 
        shall establish a schedule under which the Secretary will 
        reimburse the recipient for the Government's share of the 
        project's costs, as amounts become available, if the recipient, 
        after the Secretary issues that letter, carries out the project 
        without receiving amounts under a grant issued under this 
        chapter.
          (3) Notice to secretary.--A recipient that has been issued a 
        letter of intent under this section shall notify the Secretary 
        of the recipient's intent to carry out a project before the 
        project begins.
          (4) Notice to congress.--The Secretary shall transmit to the 
        appropriate congressional committees a written notification at 
        least 5 days before the issuance of a letter of intent under 
        this subsection.
          (5) Limitations.--A letter of intent issued under this 
        subsection is not an obligation of the Federal Government under 
        section 1501 of title 31, and the letter is not deemed to be an 
        administrative commitment for financing. An obligation or 
        administrative commitment may be made only as amounts are 
        provided in authorization and appropriations laws.
  (e) Return of Misspent Grant Funds.--As part of the grant agreement 
under subsection (c), the Secretary shall require grant applicants to 
return misspent grant funds received under this chapter that the 
Secretary considers to have been spent for a purpose other than those 
specified in the grant award. The Secretary shall take all necessary 
actions to recover those funds.
  (f) Congressional Notification.--Not later than 5 days before the 
award of a grant is made under this chapter, the Secretary shall notify 
the appropriate congressional committees of the intent to award the 
grant.
  (g) Guidelines.--The Secretary shall ensure, to the extent 
practicable, that grant recipients under this chapter who use 
contractors or subcontractors use small, minority, women-owned, or 
disadvantaged business concerns as contractors or subcontractors when 
appropriate.
Sec. 40703. Public awareness and outreach
  The Secretary shall implement a national plan for railroad and over-
the-road bus security public outreach and awareness. The plan shall--
          (1) be designed to increase awareness of measures that the 
        general public, passengers, and employees of railroad carriers 
        and over-the-road bus operators can take to increase the 
        security of the national railroad and over-the-road bus 
        transportation systems; and
          (2) provide outreach to railroad carriers and over-the-road 
        bus operators and their employees to improve their awareness of 
        available technologies, ongoing research and development 
        efforts, and available Federal funding sources to improve 
        security.

                    Subchapter II--Railroad Security

Sec. 40711. Railroad transportation security risk assessment and 
                    National Strategy
  (a) Risk Assessment.--The Secretary shall establish a Federal task 
force, including the Transportation Security Administration and other 
agencies in the Department, the Department of Transportation, and other 
appropriate Federal agencies, to complete a nationwide risk assessment 
of a terrorist attack on railroad carriers. The assessment shall 
include--
          (1) a methodology for conducting the risk assessment, 
        including timelines, that addresses how the Department will 
        work with the entities described in subsection (c) and make use 
        of existing Federal expertise in the Department, the Department 
        of Transportation, and other appropriate agencies;
          (2) identification and evaluation of critical assets and 
        infrastructure, including tunnels used by railroad carriers in 
        high-threat urban areas;
          (3) identification of risks to those assets and 
        infrastructure;
          (4) identification of risks that are specific to the 
        transportation of hazardous materials via railroad;
          (5) identification of risks to passenger and cargo security, 
        transportation infrastructure protection systems, operations, 
        communications systems, and any other area identified by the 
        assessment;
          (6) an assessment of employee training and emergency response 
        planning;
          (7) an assessment of public and private operational recovery 
        plans, taking into account the plans for the maritime sector 
        required under section 70103 of title 46, to expedite, to the 
        maximum extent practicable, the return of an adversely affected 
        railroad transportation system or facility to its normal 
        performance level after a major terrorist attack or other 
        security event on that system or facility; and
          (8) an account of actions taken or planned by both public and 
        private entities to address identified railroad security issues 
        and an assessment of the effective integration of the actions.
  (b) National Strategy.--
          (1) Requirement.--Based upon the assessment conducted under 
        subsection (a), the Secretary, consistent with and as required 
        by section 11314 of this title, shall develop and implement the 
        modal plan for railroad transportation, entitled the ``National 
        Strategy for Railroad Transportation Security''.
          (2) Contents.--The modal plan shall include prioritized 
        goals, actions, objectives, policies, mechanisms, and schedules 
        for, at a minimum--
                  (A) improving the security of railroad tunnels, 
                railroad bridges, railroad switching and car storage 
                areas, other railroad infrastructure and facilities, 
                information systems, and other areas identified by the 
                Secretary as posing significant railroad-related risks 
                to public safety and the movement of interstate 
                commerce, taking into account the impact that a 
                proposed security measure might have on the provision 
                of railroad service or on operations served or 
                otherwise affected by railroad service;
                  (B) deploying equipment and personnel to detect 
                security threats, including those posed by explosives 
                and hazardous chemical, biological, and radioactive 
                substances, and appropriate countermeasures;
                  (C) consistent with section 40716 of this title, 
                training railroad employees in terrorism prevention, 
                preparedness, passenger evacuation, and response 
                activities;
                  (D) conducting public outreach campaigns for 
                railroads regarding security, including educational 
                initiatives designed to inform the public on how to 
                prevent, prepare for, respond to, and recover from a 
                terrorist attack on railroad transportation;
                  (E) providing additional railroad security support 
                for railroads at high or severe threat levels of alert;
                  (F) ensuring, in coordination with freight and 
                intercity and commuter passenger railroads, the 
                continued movement of freight and passengers in the 
                event of an attack affecting the railroad system, 
                including the possibility of rerouting traffic due to 
                the loss of critical infrastructure, such as a bridge, 
                tunnel, yard, or station;
                  (G) coordinating existing and planned railroad 
                security initiatives undertaken by the public and 
                private sectors;
                  (H) assessing--
                          (i) the usefulness of covert testing of 
                        railroad security systems;
                          (ii) the ability to integrate security into 
                        infrastructure design; and
                          (iii) the implementation of random searches 
                        of passengers and baggage; and
                  (I) identifying the immediate and long-term costs of 
                measures that may be required to address those risks 
                and public- and private-sector sources to fund the 
                measures.
          (3) Responsibilities.--The Secretary shall include in the 
        modal plan a description of the roles, responsibilities, and 
        authorities of Federal, State, and local agencies, government-
        sponsored entities, tribal governments, and appropriate 
        stakeholders described in subsection (c). The plan also shall 
        include--
                  (A) the identification of, and a plan to address, 
                gaps and unnecessary overlaps in the roles, 
                responsibilities, and authorities described in this 
                paragraph;
                  (B) a methodology for how the Department will work 
                with the entities described in subsection (c), and make 
                use of existing Federal expertise within the 
                Department, the Department of Transportation, and other 
                appropriate agencies;
                  (C) a process for facilitating security clearances 
                for the purpose of intelligence and information sharing 
                with the entities described in subsection (c), as 
                appropriate;
                  (D) a strategy and timeline, coordinated with the 
                research and development program established under 
                section 40717 of this title, for the Department, the 
                Department of Transportation, other appropriate Federal 
                agencies, and private entities to research and develop 
                new technologies for securing railroad systems; and
                  (E) a process for coordinating existing or future 
                security strategies and plans for railroad 
                transportation, including--
                          (i) the National Infrastructure Protection 
                        Plan required by Homeland Security Presidential 
                        Directive-7;
                          (ii) Executive Order No. 13416, 71 Fed. Reg. 
                        71033 (Dec. 5, 2006); and
                          (iii) the Memorandum of Understanding between 
                        the Department and the Department of 
                        Transportation on Roles and Responsibilities, 
                        dated September 28, 2004, subsequent annexes to 
                        this Memorandum of Understanding, and other 
                        relevant agreements between the two 
                        Departments.
  (c) Consultation with Stakeholders.--In developing the National 
Strategy required under this section, the Secretary shall consult with 
railroad management, nonprofit employee organizations representing 
railroad employees, owners or lessors of railroad cars used to 
transport hazardous materials, emergency responders, offerors of 
security-sensitive materials, public safety officials, and other 
relevant parties.
  (d) Adequacy of Existing Plans and Strategies.--In developing the 
risk assessment and National Strategy required under this section, the 
Secretary shall utilize relevant existing plans, strategies, and risk 
assessments developed by the Department or other Federal agencies, 
including those developed or implemented under section 11314 of this 
title, or Homeland Security Presidential Directive-7, and, as 
appropriate, assessments developed by other public and private 
stakeholders.
  (e) Annual Updates.--Consistent with the requirements of section 
11314 of this title, the Secretary shall update the assessment and 
National Strategy each year and transmit a report, which may be 
submitted in both classified and redacted formats, to the appropriate 
congressional committees containing the updated assessment and 
recommendations.
Sec. 40712. Railroad carrier assessments and plans
  (a) In General.--The Secretary shall issue regulations that--
          (1) require each railroad carrier assigned to a high-risk 
        tier under this section to--
                  (A) conduct a vulnerability assessment under 
                subsections (c) and (d); and
                  (B) prepare, submit to the Secretary for approval, 
                and implement a security plan under this section that 
                addresses security performance requirements; and
          (2) establish standards and guidelines, based on and 
        consistent with the risk assessment and National Strategy for 
        Railroad Transportation Security developed under section 40711 
        of this title, for developing and implementing the 
        vulnerability assessments and security plans for railroad 
        carriers assigned to high-risk tiers.
  (b) Non High-Risk Programs.--The Secretary may establish a security 
program for railroad carriers not assigned to a high-risk tier, 
including--
          (1) guidance for the carriers in conducting vulnerability 
        assessments and preparing and implementing security plans, as 
        determined appropriate by the Secretary; and
          (2) a process to review and approve the assessments and 
        plans, as appropriate.
  (c) Submission of Assessments and Security Plans.--The vulnerability 
assessments and security plans required by the regulations for railroad 
carriers assigned to a high-risk tier shall be completed and submitted 
to the Secretary for review and approval.
  (d) Vulnerability Assessments.--
          (1) Requirements.--The Secretary shall provide technical 
        assistance and guidance to railroad carriers in conducting 
        vulnerability assessments under this section and shall require 
        that each vulnerability assessment of a railroad carrier 
        assigned to a high-risk tier under this section, include, as 
        applicable--
                  (A) identification and evaluation of critical 
                railroad carrier assets and infrastructure, including 
                platforms, stations, intermodal terminals, tunnels, 
                bridges, switching and storage areas, and information 
                systems as appropriate;
                  (B) identification of the vulnerabilities of those 
                assets and infrastructure;
                  (C) identification of strengths and weaknesses in--
                          (i) physical security;
                          (ii) passenger and cargo security, including 
                        the security of security-sensitive materials 
                        being transported by railroad or stored on 
                        railroad property;
                          (iii) programmable electronic devices, 
                        computers, or other automated systems which are 
                        used in providing the transportation;
                          (iv) alarms, cameras, and other protection 
                        systems;
                          (v) communications systems and utilities 
                        needed for railroad security purposes, 
                        including dispatching and notification systems;
                          (vi) emergency response planning;
                          (vii) employee training; and
                          (viii) other matters the Secretary determines 
                        appropriate; and
                  (D) identification of redundant and backup systems 
                required to ensure the continued operation of critical 
                elements of a railroad carrier's system in the event of 
                an attack or other incident, including disruption of 
                commercial electric power or a communications network.
          (2) Threat information.--The Secretary shall provide in a 
        timely manner to the appropriate employees of a railroad 
        carrier, as designated by the railroad carrier, threat 
        information that is relevant to the carrier when preparing and 
        submitting a vulnerability assessment and security plan, 
        including an assessment of the most likely methods that could 
        be used by terrorists to exploit weaknesses in railroad 
        security.
  (e) Security Plans.--
          (1) Requirements.--The Secretary shall provide technical 
        assistance and guidance to railroad carriers in preparing and 
        implementing security plans under this section, and shall 
        require that each security plan of a railroad carrier assigned 
        to a high-risk tier under this section include, as applicable--
                  (A) identification of a security coordinator having 
                authority--
                          (i) to implement security actions under the 
                        plan;
                          (ii) to coordinate security improvements; and
                          (iii) to receive immediate communications 
                        from appropriate Federal officials regarding 
                        railroad security;
                  (B) a list of needed capital and operational 
                improvements;
                  (C) procedures to be implemented or used by the 
                railroad carrier in response to a terrorist attack, 
                including evacuation and passenger communication plans 
                that include individuals with disabilities as 
                appropriate;
                  (D) identification of steps taken with State and 
                local law enforcement agencies, emergency responders, 
                and Federal officials to coordinate security measures 
                and plans for response to a terrorist attack;
                  (E) a strategy and timeline for conducting training 
                under section 40716 of this title;
                  (F) enhanced security measures to be taken by the 
                railroad carrier when the Secretary declares a period 
                of heightened security risk;
                  (G) plans for providing redundant and backup systems 
                required to ensure the continued operation of critical 
                elements of the railroad carrier's system in the event 
                of a terrorist attack or other incident;
                  (H) a strategy for implementing enhanced security for 
                shipments of security-sensitive materials, including 
                plans for quickly locating and securing the shipments 
                in the event of a terrorist attack or security 
                incident; and
                  (I) other actions or procedures the Secretary 
                determines are appropriate to address the security of 
                railroad carriers.
          (2) Security coordinator requirements.--The Secretary shall 
        require that the individual serving as the security coordinator 
        identified in paragraph (1)(A) is a citizen of the United 
        States. The Secretary may waive this requirement with respect 
        to an individual if the Secretary determines that it is 
        appropriate to do so based on a background check of the 
        individual and a review of the consolidated terrorist 
        watchlist.
          (3) Consistency with other plans.--The Secretary shall ensure 
        that the security plans developed by railroad carriers under 
        this section are consistent with the risk assessment and 
        National Strategy for Railroad Transportation Security 
        developed under section 40711 of this title.
  (f) Deadline for Review Process.--Not later than 6 months after 
receiving the assessments and plans required under this section, the 
Secretary shall--
          (1) review each vulnerability assessment and security plan 
        submitted to the Secretary under subsection (c);
          (2) require amendments to a security plan that does not meet 
        the requirements of this section; and
          (3) approve a vulnerability assessment or security plan that 
        meets the requirements of this section.
  (g) Tier Assignment.--
          (1) In general.--Utilizing the risk assessment and National 
        Strategy for Railroad Transportation Security required under 
        section 40711 of this title, the Secretary shall assign each 
        railroad carrier to a risk-based tier established by the 
        Secretary.
          (2) Providing information.--The Secretary may request, and a 
        railroad carrier shall provide, information necessary for the 
        Secretary to assign a railroad carrier to the appropriate tier 
        under this subsection.
          (3) Notification.--Not later than 60 days after the date a 
        railroad carrier is assigned to a tier under this subsection, 
        the Secretary shall notify the railroad carrier of the tier to 
        which it is assigned and the reasons for the assignment.
          (4) High-risk tiers.--At least one of the tiers established 
        by the Secretary under this subsection shall be designated a 
        tier for high-risk railroad carriers.
          (5) Reassignment.--The Secretary may reassign a railroad 
        carrier to another tier, as appropriate, in response to changes 
        in risk. The Secretary shall notify the railroad carrier not 
        later than 60 days after the reassignment and provide the 
        railroad carrier with the reasons for the reassignment.
  (h) Nondisclosure of Information.--
          (1) Submission of information to congress.--Nothing in this 
        section shall be construed as authorizing the withholding of 
        information from Congress.
          (2) Disclosure of independently furnished information.--
        Nothing in this section shall be construed as affecting the 
        authority or obligation of a Federal agency to disclose a 
        record or information that the Federal agency obtains from a 
        railroad carrier under another Federal law.
  (i) Existing Procedures, Protocols, and Standards.--
          (1) Determination.--In response to a petition by a railroad 
        carrier or at the discretion of the Secretary, the Secretary 
        may determine that existing procedures, protocols, and 
        standards meet all or part of the requirements of this section, 
        including regulations issued under subsection (a), regarding 
        vulnerability assessments and security plans.
          (2) Election.--Upon review and written determination by the 
        Secretary that existing procedures, protocols, or standards of 
        a railroad carrier satisfy the requirements of this section, 
        the railroad carrier may elect to comply with those procedures, 
        protocols, or standards instead of the requirements of this 
        section.
          (3) Partial approval.--If the Secretary determines that the 
        existing procedures, protocols, or standards of a railroad 
        carrier satisfy only part of the requirements of this section, 
        the Secretary may accept the submission, but shall require 
        submission by the railroad carrier of additional information 
        relevant to the vulnerability assessment and security plan of 
        the railroad carrier to ensure that the remaining requirements 
        of this section are fulfilled.
          (4) Notification.--If the Secretary determines that 
        particular existing procedures, protocols, or standards of a 
        railroad carrier under this subsection do not satisfy the 
        requirements of this section, the Secretary shall provide to 
        the railroad carrier a written notification that includes an 
        explanation of the determination.
          (5) Review.--Nothing in this subsection shall relieve the 
        Secretary of the obligation--
                  (A) to review the vulnerability assessment and 
                security plan submitted by a railroad carrier under 
                this section; and
                  (B) to approve or disapprove each submission on an 
                individual basis.
  (j) Periodic Evaluation by Railroad Carriers Required.--
          (1) Submission.--Not later than 3 years after the date on 
        which a vulnerability assessment or security plan required to 
        be submitted to the Secretary under subsection (c) is approved, 
        and at least once every 5 years after the approval (or on 
        another schedule the Secretary may establish by regulation), a 
        railroad carrier who submitted a vulnerability assessment and 
        security plan and who is still assigned to the high-risk tier 
        must submit to the Secretary an evaluation of the adequacy of 
        the vulnerability assessment and security plan that includes a 
        description of material changes made to the vulnerability 
        assessment or security plan.
          (2) Review.--Not later than 180 days after the date on which 
        an evaluation is submitted, the Secretary shall review the 
        evaluation and notify the railroad carrier submitting the 
        evaluation of the Secretary's approval or disapproval of the 
        evaluation.
  (k) Shared Facilities.--The Secretary may permit under this section 
the development and implementation of coordinated vulnerability 
assessments and security plans to the extent that a railroad carrier 
shares facilities with, or is co-located with, other transportation 
entities or providers that are required to develop vulnerability 
assessments and security plans under Federal law.
  (l) Consultation.--In carrying out this section, the Secretary shall 
consult with railroad carriers, nonprofit employee labor organizations 
representation railroad employees, and public safety and law 
enforcement officials.
Sec. 40713. Railroad security assistance
  (a) Security Improvement Grants.--
          (1) In general.--The Secretary, in consultation with the 
        Administrator of the Transportation Security Administration and 
        other appropriate agencies or officials, may make grants to 
        railroad carriers, the Alaska Railroad, security-sensitive 
        materials offerors who ship by railroad, owners of railroad 
        cars used in the transportation of security-sensitive 
        materials, State and local governments (for railroad passenger 
        facilities and infrastructure not owned by Amtrak), and Amtrak 
        for intercity passenger railroad and freight railroad security 
        improvements described in subsection (b) as approved by the 
        Secretary.
          (2) Grant eligibility.--A railroad carrier is eligible for a 
        grant under this section if the carrier has completed a 
        vulnerability assessment and developed a security plan that the 
        Secretary has approved under section 40712 of this title.
          (3) Use of grants.--A recipient of a grant under this section 
        may use grant funds only for permissible uses under subsection 
        (b) to further a railroad security plan that meets the 
        requirements of paragraph (2).
          (4) Grants for assessments and plans.--Notwithstanding the 
        requirement for eligibility and uses of funds in paragraphs (2) 
        and (3), a railroad carrier is eligible for a grant under this 
        section if the carrier uses the funds solely for the 
        development of assessments or security plans under section 
        40712.
  (b) Uses of Funds.--A recipient of a grant under this section shall 
use the grant funds for one or more of the following:
          (1) Security and redundancy for critical communications, 
        computer, and train control systems essential for secure 
        railroad operations.
          (2) Accommodation of railroad cargo or passenger security 
        inspection facilities, related infrastructure, and operations 
        at or near United States international borders or other ports 
        of entry.
          (3) The security of security-sensitive materials 
        transportation by railroad.
          (4) Chemical, biological, radiological, or explosive 
        detection, including canine patrols for detection.
          (5) The security of intercity passenger railroad stations, 
        trains, and infrastructure, including security capital 
        improvement projects that the Secretary determines enhance 
        railroad station security.
          (6) Technologies to reduce the vulnerabilities of railroad 
        cars, including structural modification of railroad cars 
        transporting security-sensitive materials to improve their 
        resistance to acts of terrorism.
          (7) The sharing of intelligence and information about 
        security threats.
          (8) To obtain train tracking and communications equipment, 
        including equipment that is interoperable with Federal, State, 
        and local agencies and tribal governments.
          (9) To hire, train, and employ police and security officers, 
        including canine units, assigned to full-time security or 
        counterterrorism duties related to railroad transportation.
          (10) Overtime reimbursement, including reimbursement of 
        State, local, and tribal governments for costs, for enhanced 
        security personnel assigned to duties related to railroad 
        security during periods of high or severe threat levels and 
        National Special Security Events or other periods of heightened 
        security as determined by the Secretary.
          (11) Perimeter protection systems, including access control, 
        installation of improved lighting, fencing, and barricades at 
        railroad facilities.
          (12) Tunnel protection systems.
          (13) Passenger evacuation and evacuation-related capital 
        improvements.
          (14) Railroad security inspection technologies, including 
        verified visual inspection technologies using hand-held 
        readers.
          (15) Surveillance equipment.
          (16) Cargo or passenger screening equipment.
          (17) Emergency response equipment, including fire suppression 
        and decontamination equipment, personal protective equipment, 
        and defibrillators.
          (18) Operating and capital costs associated with security 
        awareness, preparedness, and response training, including 
        training under section 40716 of this title, and training 
        developed by universities, institutions of higher education, 
        and nonprofit employee labor organizations, for railroad 
        employees, including frontline employees.
          (19) Live or simulated exercises, including exercises 
        described in section 40715 of this title.
          (20) Public awareness campaigns for enhanced railroad 
        security.
          (21) Development of assessments or security plans under 
        section 40712 of this title.
          (22) Other security improvements--
                  (A) identified, required, or recommended under 
                sections 40711 and 40712 of this title, including 
                infrastructure, facilities, and equipment upgrades; or
                  (B) that the Secretary considers appropriate.
  (c) Departmental Responsibilities.--In carrying out the 
responsibilities under subsection (a), the Secretary shall--
          (1) determine the requirements for recipients of grants;
          (2) establish priorities for uses of funds for grant 
        recipients;
          (3) award the funds authorized by this section based on risk, 
        as identified by the plans required under sections 40711 and 
        40712 of this title;
          (4) take into account whether stations or facilities are used 
        by commuter railroad passengers as well as intercity railroad 
        passengers in reviewing grant applications;
          (5) encourage non-Federal financial participation in projects 
        funded by grants; and
          (6) not later than 5 business days after awarding a grant to 
        Amtrak under this section, transfer grant funds to the 
        Secretary of Transportation to be disbursed to Amtrak.
  (d) Multiyear Awards.--Grant funds awarded under this section may be 
awarded for projects that span multiple years.
  (e) Limitation on Uses of Funds.--A grant made under this section may 
not be used to make a State or local government cost-sharing 
contribution under any other Federal law.
  (f) Annual Reports.--Each recipient of a grant under this section 
shall report annually to the Secretary on the use of grant funds.
  (g) Subject to Certain Standards.--A recipient of a grant under this 
section and section 40714 of this title shall be required to comply 
with the standards of section 24312 of title 49, as in effect on 
January 1, 2007, with respect to the project, in the same manner as 
Amtrak is required to comply with the standards for construction work 
financed under an agreement made under section 24308(a) of title 49.
Sec. 40714. Systemwide Amtrak security upgrades
  (a) In General.--
          (1) Grants.--Subject to subsection (b), the Secretary, in 
        consultation with the Administrator of the Transportation 
        Security Administration, may make grants to Amtrak under this 
        section.
          (2) General purposes.--The Secretary may make grants for the 
        purposes of--
                  (A) protecting underwater and underground assets and 
                systems;
                  (B) protecting high-risk and high-consequence assets 
                identified through system-wide risk assessments;
                  (C) providing counterterrorism or security training;
                  (D) providing both visible and unpredictable 
                deterrence; and
                  (E) conducting emergency preparedness drills and 
                exercises.
          (3) Specific projects.--The Secretary shall make grants--
                  (A) to secure major tunnel access points and ensure 
                tunnel integrity in New York, New Jersey, Maryland, and 
                Washington, DC;
                  (B) to secure Amtrak trains;
                  (C) to secure Amtrak stations;
                  (D) to obtain a watchlist identification system 
                approved by the Secretary;
                  (E) to obtain train tracking and interoperable 
                communications systems that are coordinated with 
                Federal, State, and local agencies and tribal 
                governments to the maximum extent possible;
                  (F) to hire, train, and employ police and security 
                officers, including canine units, assigned to full-time 
                security or counterterrorism duties related to railroad 
                transportation;
                  (G) for operating and capital costs associated with 
                security awareness, preparedness, and response 
                training, including training under section 40716 of 
                this title, and training developed by universities, 
                institutions of higher education, and nonprofit 
                employee labor organizations, for railroad employees, 
                including frontline employees; and
                  (H) for live or simulated exercises, including 
                exercises described in section 40715 of this title.
  (b) Conditions.--The Secretary shall award grants to Amtrak under 
this section for projects contained in a system-wide security plan 
approved by the Secretary developed under section 40712 of this title. 
Not later than 5 business days after awarding a grant to Amtrak under 
this section, the Secretary shall transfer the grant funds to the 
Secretary of Transportation to be disbursed to Amtrak.
  (c) Equitable Geographic Allocation.--The Secretary shall ensure 
that, subject to meeting the highest security needs on Amtrak's entire 
system and consistent with the risk assessment required under section 
40711 of this title and Amtrak's vulnerability assessment and security 
plan developed under section 40712 of this title, stations and 
facilities located outside of the Northeast Corridor receive an 
equitable share of the security funds authorized by this section.
Sec. 40715. Railroad carrier exercises
  (a) In General.--The Secretary shall establish a program for 
conducting security exercises for railroad carriers for the purpose of 
assessing and improving the capabilities of entities described in 
subsection (b) to prevent, prepare for, mitigate, respond to, and 
recover from acts of terrorism.
  (b) Covered Entities.--Entities to be assessed under the program 
include--
          (1) Federal, State, and local agencies and tribal 
        governments;
          (2) railroad carriers;
          (3) governmental and nongovernmental emergency response 
        providers, law enforcement agencies, and railroad and transit 
        police, as appropriate; and
          (4) any other organization or entity that the Secretary 
        determines appropriate.
  (c) Requirements.--The Secretary shall ensure that the program--
          (1) consolidates existing security exercises for railroad 
        carriers administered by the Department and the Department of 
        Transportation, as jointly determined by the Secretary and the 
        Secretary of Transportation, unless the Secretary waives this 
        consolidation requirement as appropriate;
          (2) consists of exercises that are--
                  (A) scaled and tailored to the needs of the carrier, 
                including addressing the needs of the elderly and 
                individuals with disabilities;
                  (B) live, in the case of the facilities most at risk 
                to a terrorist attack;
                  (C) coordinated with appropriate officials;
                  (D) as realistic as practicable and based on current 
                risk assessments, including credible threats, 
                vulnerabilities, and consequences;
                  (E) inclusive, as appropriate, of railroad frontline 
                employees; and
                  (F) consistent with the National Incident Management 
                System, the National Response Plan, the National 
                Infrastructure Protection Plan, the National 
                Preparedness Guidance, the National Preparedness Goal, 
                and other national initiatives of this type;
          (3) provides that exercises described in paragraph (2) will 
        be--
                  (A) evaluated by the Secretary against clear and 
                consistent performance measures;
                  (B) assessed by the Secretary to identify best 
                practices, which shall be shared, as appropriate, with 
                railroad carriers, nonprofit employee organizations 
                that represent railroad carrier employees, Federal, 
                State, local, and tribal officials, governmental and 
                nongovernmental emergency response providers, law 
                enforcement personnel, including railroad carrier and 
                transit police, and other stakeholders; and
                  (C) used to develop recommendations, as appropriate, 
                from the Secretary to railroad carriers on remedial 
                action to be taken in response to lessons learned;
          (4) allows for proper advanced notification of communities 
        and local governments in which exercises are held, as 
        appropriate; and
          (5) assists State, local, and tribal governments and railroad 
        carriers in designing, implementing, and evaluating additional 
        exercises that conform to the requirements of paragraph (1).
  (d) National Exercise Program.--The Secretary shall ensure that the 
exercise program developed under subsection (c) is a component of the 
national exercise program established under section 20508 of this 
title.
Sec. 40716. Railroad security training program
  (a) In General.--The Secretary shall develop and issue regulations 
for a training program to prepare railroad frontline employees for 
potential security threats and conditions. The regulations shall take 
into consideration current security training requirements or best 
practices.
  (b) Consultation.--The Secretary shall develop the regulations under 
subsection (a) in consultation with--
          (1) appropriate law enforcement, fire service, emergency 
        response, security, and terrorism experts;
          (2) railroad carriers;
          (3) railroad shippers; and
          (4) nonprofit employee labor organizations representing 
        railroad employees or emergency response personnel.
  (c) Program Elements.--The regulations developed under subsection (a) 
shall require security training programs described in subsection (a) to 
include, at a minimum, elements to address the following, as 
applicable:
          (1) Determination of the seriousness of an occurrence or 
        threat.
          (2) Crew and passenger communication and coordination.
          (3) Appropriate responses to defend or protect oneself.
          (4) Use of personal and other protective equipment.
          (5) Evacuation procedures for passengers and railroad 
        employees, including individuals with disabilities and the 
        elderly.
          (6) Psychology, behavior, and methods of terrorists, 
        including observation and analysis.
          (7) Training related to psychological responses to terrorist 
        incidents, including the ability to cope with hijacker behavior 
        and passenger responses.
          (8) Live situational training exercises regarding various 
        threat conditions, including tunnel evacuation procedures.
          (9) Recognition and reporting of dangerous substances, 
        suspicious packages, and situations.
          (10) Understanding security incident procedures, including 
        procedures for communicating with governmental and 
        nongovernmental emergency response providers and for on-scene 
        interaction with emergency response providers.
          (11) Operation and maintenance of security equipment and 
        systems.
          (12) Other security training activities that the Secretary 
        considers appropriate.
  (d) Submitting Program to Secretary for Approval.--Each railroad 
carrier shall develop a security training program under this section 
and submit the program to the Secretary for approval. Not later than 60 
days after receiving a security training program proposal under this 
subsection, the Secretary shall approve the program or require the 
railroad carrier that developed the program to make revisions to the 
program that the Secretary considers necessary for the program to meet 
the requirements of this section. A railroad carrier shall respond to 
the Secretary's comments within 30 days after receiving them.
  (e) Training.--Not later than 1 year after the Secretary approves a 
security training program under subsection (d), the railroad carrier 
that developed the program shall complete the training of all railroad 
frontline employees who were hired by a carrier more than 30 days 
preceding the approval date. For employees employed by a carrier for 
fewer than 30 days preceding the approval date, training shall be 
completed within the first 60 days of employment.
  (f) Updates of Regulations and Program Revisions.--The Secretary 
periodically shall review and update as appropriate the training 
regulations issued under subsection (a) to reflect new or changing 
security threats. Each railroad carrier shall revise its training 
program accordingly and provide additional training as necessary to its 
frontline employees within a reasonable time after the regulations are 
updated.
  (g) Program Component of National Training Program.--The Secretary 
shall ensure that the training program developed under subsection (a) 
is a component of the national training program established under 
section 20508 of this title.
  (h) Other Employees.--The Secretary shall issue guidance and best 
practices for a railroad shipper employee security program containing 
the elements listed under subsection (c).
Sec. 40717. Railroad security research and development
  (a) Establishment of Research and Development Program.--The 
Secretary, acting through the Under Secretary for Science and 
Technology and the Administrator of the Transportation Security 
Administration, shall carry out a research and development program for 
the purpose of improving the security of railroad transportation 
systems.
  (b) Eligible Projects.--The research and development program may 
include projects--
          (1) to reduce the vulnerability of passenger trains, 
        stations, and equipment to explosives and hazardous chemical, 
        biological, and radioactive substances, including the 
        development of technology to screen passengers in large numbers 
        at peak commuting times with minimal interference and 
        disruption;
          (2) to test new emergency response and recovery techniques 
        and technologies, including those used at international 
        borders;
          (3) to develop improved railroad security technologies, 
        including--
                  (A) technologies for sealing or modifying railroad 
                tank cars;
                  (B) automatic inspection of railroad cars;
                  (C) communication-based train control systems;
                  (D) emergency response training, including training 
                in a tunnel environment;
                  (E) security and redundancy for critical 
                communications, electrical power, computer, and train 
                control systems; and
                  (F) technologies for securing bridges and tunnels;
          (4) to test wayside detectors that can detect tampering;
          (5) to support enhanced security for the transportation of 
        security-sensitive materials by railroad;
          (6) to mitigate damages in the event of a cyberattack; and
          (7) to address other vulnerabilities and risks identified by 
        the Secretary.
  (c) Coordination with Other Research Initiatives.--The Secretary--
          (1) shall ensure that the research and development program is 
        consistent with the National Strategy for Railroad 
        Transportation Security developed under section 40711 of this 
        title and other transportation security research and 
        development programs required by section 30304 and chapters 401 
        through 407 of this title;
          (2) shall, to the extent practicable, coordinate the research 
        and development activities of the Department with other ongoing 
        research and development security-related initiatives, 
        including research being conducted by--
                  (A) the Department of Transportation, including 
                University Transportation Centers and other institutes, 
                centers, and simulators funded by the Department of 
                Transportation;
                  (B) the National Academy of Sciences;
                  (C) the Technical Support Working Group;
                  (D) other Federal departments and agencies; and
                  (E) other Federal and private research laboratories, 
                research entities, and universities and institutions of 
                higher education, including Historically Black Colleges 
                and Universities, Hispanic Serving Institutions, or 
                Indian Tribally Controlled Colleges and Universities;
          (3) shall carry out a research and development project 
        authorized by this section through a reimbursable agreement 
        with an appropriate Federal agency, if the agency--
                  (A) is currently sponsoring a research and 
                development project in a similar area; or
                  (B) has a unique facility or capability that would be 
                useful in carrying out the project;
          (4) may award grants to, or enter into cooperative 
        agreements, contracts, other transactions, or reimbursable 
        agreements with, the entities described in paragraph (2) and 
        eligible grant recipients under section 40713 of this title; 
        and
          (5) shall make reasonable efforts to enter into memoranda of 
        understanding, contracts, grants, cooperative agreements, or 
        other transactions with railroad carriers willing to contribute 
        both physical space and other resources.
  (d) Privacy and Civil Rights and Civil Liberties Issues.--
          (1) Consultation.--In carrying out research and development 
        projects under this section, the Secretary shall consult with 
        the Chief Privacy Officer of the Department and the Officer for 
        Civil Rights and Civil Liberties of the Department as 
        appropriate and under section 10543 of this title.
          (2) Privacy impact assessments.--In accordance with sections 
        10543 and 11505 of this title, the Chief Privacy Officer shall 
        conduct privacy impact assessments, and the Officer for Civil 
        Rights and Civil Liberties shall conduct reviews, as 
        appropriate, for research and development initiatives developed 
        under this section that the Secretary determines could have an 
        impact on privacy, civil rights, or civil liberties.
Sec. 40718. Railroad tank car security testing
  (a) Vulnerability Assessment.--
          (1) Likely methods and success.--The Secretary shall assess 
        the likely methods of a deliberate terrorist attack against a 
        railroad tank car used to transport toxic-inhalation-hazard 
        materials, and for each method assessed, the degree to which it 
        may be successful in causing death, injury, or serious adverse 
        effects to human health, the environment, critical 
        infrastructure, national security, the national economy, or 
        public welfare.
          (2) Threats.--In carrying out paragraph (1), the Secretary 
        shall consider the most current threat information as to likely 
        methods of a successful terrorist attack on a railroad tank car 
        transporting toxic-inhalation-hazard materials, and may 
        consider the following:
                  (A) Explosive devices placed along the tracks or 
                attached to a railroad tank car.
                  (B) The use of missiles, grenades, rockets, mortars, 
                or other high-caliber weapons against a railroad tank 
                car.
          (3) Physical testing.--In developing the assessment required 
        under paragraph (1), the Secretary shall conduct physical 
        testing of the vulnerability of railroad tank cars used to 
        transport toxic-inhalation-hazard materials to different 
        methods of a deliberate attack, using technical information and 
        criteria to evaluate the structural integrity of railroad tank 
        cars.
  (b) Dispersion Modeling.--
          (1) In general.--The Secretary, acting through the National 
        Infrastructure Simulation and Analysis Center, shall conduct an 
        air dispersion modeling analysis of release scenarios of toxic-
        inhalation-hazard materials resulting from a terrorist attack 
        on a loaded railroad tank car carrying these materials in urban 
        and rural environments.
          (2) Considerations.--The analysis under this subsection shall 
        take into account the following considerations:
                  (A) The most likely means of attack and the resulting 
                dispersal rate.
                  (B) Different times of day, to account for 
                differences in cloud coverage and other atmospheric 
                conditions in the environment being modeled.
                  (C) Differences in population size and density.
                  (D) Historically accurate wind speeds, temperatures, 
                and wind directions.
                  (E) Differences in dispersal rates or other relevant 
                factors related to whether a railroad tank car is in 
                motion or stationary.
                  (F) Emergency response procedures by local officials.
                  (G) Other considerations the Secretary believes would 
                develop an accurate, plausible dispersion model for 
                toxic-inhalation-hazard materials released from a 
                railroad tank car as a result of a terrorist act.
          (3) Consultation.--In conducting the dispersion modeling 
        under paragraph (1), the Secretary shall consult with the 
        Secretary of Transportation, hazardous materials experts, 
        railroad carriers, nonprofit employee labor organizations 
        representing railroad employees, appropriate State, local, and 
        tribal officials, and other Federal agencies, as appropriate.
          (4) Information sharing.--On completion of the analysis 
        required under paragraph (1), the Secretary shall share the 
        information developed with the appropriate stakeholders, given 
        appropriate information protection provisions as may be 
        required by the Secretary.
Sec. 40719. Security background checks of covered individuals
  (a) Definitions.--In this section:
          (1) Covered individual.--The term ``covered individual'' 
        means an employee of a railroad carrier or a contractor or 
        subcontractor of a railroad carrier.
          (2) Security background check.--The term ``security 
        background check'' means for the purpose of identifying 
        individuals who may pose a threat to transportation security or 
        national security, or of terrorism--
                  (A) relevant criminal history databases;
                  (B) in the case of an alien (as defined in section 
                101 of the Immigration and Nationality Act (8 U.S.C. 
                1101), the relevant databases to determine the status 
                of the alien under the immigration laws of the United 
                States; and
                  (C) other relevant information or databases, as 
                determined by the Secretary.
  (b) Guidance.--
          (1) In general.--Guidance, recommendations, suggested action 
        items, and other widely disseminated voluntary action items 
        issued by the Secretary to a railroad carrier or a contractor 
        or subcontractor of a railroad carrier relating to performing a 
        security background check of a covered individual shall contain 
        recommendations on the appropriate scope and application of a 
        security background check, including the time period covered, 
        the types of disqualifying offenses, and a redress process for 
        adversely impacted covered individuals consistent with 
        subsections (c) and (d).
          (2) Update of existing guidance.--Guidance, recommendations, 
        suggested action items, and other widely disseminated voluntary 
        action items issued by the Secretary prior to August, 3, 2007, 
        to a railroad carrier or a contractor or subcontractor of a 
        railroad carrier relating to performing a security background 
        check of a covered individual shall be updated in compliance 
        with paragraph (1).
          (3) Necessary redress procedure.--If a railroad carrier or a 
        contractor or subcontractor of a railroad carrier performs a 
        security background check on a covered individual to fulfill 
        guidance issued by the Secretary under paragraph (1) or (2), 
        the Secretary shall not consider the guidance fulfilled unless 
        an adequate redress process as described in subsection (d) is 
        provided to covered individuals.
  (c) Requirements.--If the Secretary issues a rule, regulation, or 
directive requiring a railroad carrier or contractor or subcontractor 
of a railroad carrier to perform a security background check of a 
covered individual, the Secretary shall prohibit the railroad carrier 
or contractor or subcontractor of a railroad carrier from making an 
adverse employment decision, including removal or suspension of the 
covered individual, due to the rule, regulation, or directive with 
respect to a covered individual unless the railroad carrier or 
contractor or subcontractor of a railroad carrier determines that the 
covered individual--
          (1) has been convicted of, has been found not guilty by 
        reason of insanity, or is under want, warrant, or indictment 
        for a permanent disqualifying criminal offense listed in part 
        1572 of title 49, Code of Federal Regulations;
          (2) was convicted of or found not guilty by reason of 
        insanity of an interim disqualifying criminal offense listed in 
        part 1572 of title 49, Code of Federal Regulations, within 7 
        years of the date that the railroad carrier or contractor or 
        subcontractor of a railroad carrier performs the security 
        background check; or
          (3) was incarcerated for an interim disqualifying criminal 
        offense listed in part 1572 of title 49, Code of Federal 
        Regulations, and released from incarceration within 5 years of 
        the date that the railroad carrier or contractor or 
        subcontractor of a railroad carrier performs the security 
        background check.
  (d) Redress Process.--If the Secretary issues a rule, regulation, or 
directive requiring a railroad carrier or contractor or subcontractor 
of a railroad carrier to perform a security background check of a 
covered individual, the Secretary shall--
          (1) provide an adequate redress process for a covered 
        individual subjected to an adverse employment decision, 
        including removal or suspension of the employee, due to the 
        rule, regulation, or directive that is consistent with the 
        appeals and waiver process established for applicants for 
        commercial motor vehicle hazardous materials endorsements and 
        transportation employees at ports, as required by section 
        70105(c) of title 46; and
          (2) have the authority to order an appropriate remedy, 
        including reinstatement of the covered individual, should the 
        Secretary determine that a railroad carrier or contractor or 
        subcontractor of a railroad carrier wrongfully made an adverse 
        employment decision regarding a covered individual pursuant to 
        the rule, regulation, or directive.
  (e) False Statements.--A railroad carrier or a contractor or 
subcontractor of a railroad carrier may not knowingly misrepresent to 
an employee or other relevant person, including an arbiter involved in 
a labor arbitration, the scope, application, or meaning of rules, 
regulations, directives, or guidance issued by the Secretary related to 
security background check requirements for covered individuals when 
conducting a security background check. The Secretary shall issue a 
regulation that prohibits a railroad carrier or a contractor or 
subcontractor of a railroad carrier from knowingly misrepresenting to 
an employee or other relevant person, including an arbiter involved in 
a labor arbitration, the scope, application, or meaning of rules, 
regulations, directives, or guidance issued by the Secretary related to 
security background check requirements for covered individuals when 
conducting a security background check.
  (f) Rights and Responsibilities.--Nothing in this section shall be 
construed to abridge a railroad carrier's or a contractor or 
subcontractor of a railroad carrier's rights or responsibilities to 
make adverse employment decisions permitted by other Federal, State, or 
local laws. Nothing in this section shall be construed to abridge 
rights and responsibilities of covered individuals, a railroad carrier, 
or a contractor or subcontractor of a railroad carrier, under other 
Federal, State, or local laws or under a collective bargaining 
agreement.
  (g) No Preemption of Federal or State law.--Nothing in this section 
shall be construed to preempt a Federal, State, or local law that 
requires criminal history background checks, immigration status checks, 
or other background checks, of covered individuals.
  (h) Process for Review Not Affected.--Nothing in this section shall 
be construed to affect the process for review established under section 
70105(c) of title 46, including regulations issued under that section.
Sec. 40720. International railroad security program
  (a) Definitions.--In this section:
          (1) Inspection.--The term ``inspection'' means the 
        comprehensive process used by U.S. Customs and Border 
        Protection to assess goods entering the United States to 
        appraise them for duty purposes, to detect the presence of 
        restricted or prohibited items, and to ensure compliance with 
        all applicable laws.
          (2) International supply chain.--The term ``international 
        supply chain'' means the end-to-end process for shipping goods 
        to or from the United States, beginning at the point of origin 
        (including manufacturer, supplier, or vendor) through a point 
        of distribution to the destination.
          (3) Radiation detection equipment.--The term ``radiation 
        detection equipment'' means technology that is capable of 
        detecting or identifying nuclear and radiological material or 
        nuclear and radiological explosive devices.
  (b) In General.--
          (1) Detection system.--The Secretary shall develop a system 
        to detect both undeclared passengers and contraband, with a 
        primary focus on the detection of nuclear and radiological 
        materials entering the United States by railroad.
          (2) System requirements.--In developing the system under 
        paragraph (1), the Secretary may, in consultation with the 
        Domestic Nuclear Detection Office, U.S. Customs and Border 
        Protection, and Transportation Security Administration--
                  (A) deploy radiation detection equipment and 
                nonintrusive imaging equipment at locations where 
                railroad shipments cross an international border to 
                enter the United States;
                  (B) consider the integration of radiation detection 
                technologies with other nonintrusive inspection 
                technologies where feasible;
                  (C) ensure appropriate training, operations, and 
                response protocols are established for Federal, State, 
                and local personnel;
                  (D) implement alternative procedures to check 
                railroad shipments at locations where the deployment of 
                nonintrusive inspection imaging equipment is determined 
                to not be practicable;
                  (E) ensure, to the extent practicable, that the 
                technologies deployed can detect terrorists or weapons, 
                including weapons of mass destruction; and
                  (F) take other actions, as appropriate, to develop 
                the system.
  (c) Additional Information.--The Secretary shall--
          (1) identify and seek the submission of additional data 
        elements for improved high-risk targeting related to the 
        movement of cargo through the international supply chain 
        utilizing a railroad prior to importation into the United 
        States;
          (2) utilize data collected and maintained by the Secretary of 
        Transportation in the targeting of high-risk cargo identified 
        under paragraph (1); and
          (3) analyze the data provided in this subsection to identify 
        high-risk cargo for inspection.

               Subchapter III--Over-the-Road Bus Security

Sec. 40731. Assessments and plans
  (a) In General.--The Secretary shall issue regulations that--
          (1) require each over-the-road bus operator assigned to a 
        high-risk tier under this section--
                  (A) to conduct a vulnerability assessment under 
                subsections (c) and (d); and
                  (B) to prepare, submit to the Secretary for approval, 
                and implement a security plan under subsection (e); and
          (2) establish standards and guidelines for developing and 
        implementing the vulnerability assessments and security plans 
        for carriers assigned to high-risk tiers consistent with this 
        section.
  (b) Non High-Risk Programs.--The Secretary may establish a security 
program for over-the-road bus operators not assigned to a high-risk 
tier, including--
          (1) guidance for operators in conducting vulnerability 
        assessments and preparing and implementing security plans, as 
        determined appropriate by the Secretary; and
          (2) a process to review and approve the assessments and 
        plans, as appropriate.
  (c) Submission of Assessments and Security Plans.--The vulnerability 
assessments and security plans required by the regulations for over-
the-road bus operators assigned to a high-risk tier shall be completed 
and submitted to the Secretary for review and approval.
  (d) Vulnerability Assessments.--
          (1) Requirements.--The Secretary shall provide technical 
        assistance and guidance to over-the-road bus operators in 
        conducting vulnerability assessments under this section and 
        shall require that each vulnerability assessment of an operator 
        assigned to a high-risk tier under this section includes, as 
        appropriate--
                  (A) identification and evaluation of critical assets 
                and infrastructure, including platforms, stations, 
                terminals, and information systems;
                  (B) identification of the vulnerabilities to those 
                assets and infrastructure; and
                  (C) identification of weaknesses in--
                          (i) physical security;
                          (ii) passenger and cargo security;
                          (iii) the security of programmable electronic 
                        devices, computers, or other automated systems 
                        which are used in providing over-the-road bus 
                        transportation;
                          (iv) alarms, cameras, and other protection 
                        systems;
                          (v) communications systems and utilities 
                        needed for over-the-road bus security purposes, 
                        including dispatching systems;
                          (vi) emergency response planning;
                          (vii) employee training; and
                          (viii) other matters the Secretary determines 
                        appropriate.
          (2) Threat information.--The Secretary shall provide in a 
        timely manner to the appropriate employees of an over-the-road 
        bus operator, as designated by the over-the-road bus operator, 
        threat information that is relevant to the operator when 
        preparing and submitting a vulnerability assessment and 
        security plan, including an assessment of the most likely 
        methods that could be used by terrorists to exploit weaknesses 
        in over-the-road bus security.
  (e) Security Plans.--
          (1) Requirements.--The Secretary shall provide technical 
        assistance and guidance to over-the-road bus operators in 
        preparing and implementing security plans under this section 
        and shall require that each security plan of an over-the-road 
        bus operator assigned to a high-risk tier under this section 
        includes, as appropriate--
                  (A) the identification of a security coordinator 
                having authority--
                          (i) to implement security actions under the 
                        plan;
                          (ii) to coordinate security improvements; and
                          (iii) to receive communications from 
                        appropriate Federal officials regarding over-
                        the-road bus security;
                  (B) a list of needed capital and operational 
                improvements;
                  (C) procedures to be implemented or used by the over-
                the-road bus operator in response to a terrorist 
                attack, including evacuation and passenger 
                communication plans that include individuals with 
                disabilities, as appropriate;
                  (D) the identification of steps taken with State and 
                local law enforcement agencies, emergency responders, 
                and Federal officials to coordinate security measures 
                and plans for response to a terrorist attack;
                  (E) a strategy and timeline for conducting training 
                under section 40734 of this title;
                  (F) enhanced security measures to be taken by the 
                over-the-road bus operator when the Secretary declares 
                a period of heightened security risk;
                  (G) plans for providing redundant and backup systems 
                required to ensure the continued operation of critical 
                elements of the over-the-road bus operator's system in 
                the event of a terrorist attack or other incident; and
                  (H) other actions or procedures the Secretary 
                determines are appropriate to address the security of 
                over-the-road bus operators.
          (2) Security coordinator requirements.--The Secretary shall 
        require that the individual serving as the security coordinator 
        identified in paragraph (1)(A) is a citizen of the United 
        States. The Secretary may waive this requirement with respect 
        to an individual if the Secretary determines that it is 
        appropriate to do so based on a background check of the 
        individual and a review of the consolidated terrorist 
        watchlist.
  (f) Deadline for Review Process.--Not later than 6 months after 
receiving the assessments and plans required under this section, the 
Secretary shall--
          (1) review each vulnerability assessment and security plan 
        submitted to the Secretary under subsection (c);
          (2) require amendments to a security plan that does not meet 
        the requirements of this section; and
          (3) approve a vulnerability assessment or security plan that 
        meets the requirements of this section.
  (g) Tier Assignment.--
          (1) In general.--The Secretary shall assign each over-the-
        road bus operator to a risk-based tier established by the 
        Secretary.
          (2) Providing information.--The Secretary may request, and an 
        over-the-road bus operator shall provide, information necessary 
        for the Secretary to assign an over-the-road bus operator to 
        the appropriate tier under this subsection.
          (3) Notification.--Not later than 60 days after the date an 
        over-the-road bus operator is assigned to a tier under this 
        section, the Secretary shall notify the operator of the tier to 
        which it is assigned and the reasons for the assignment.
          (4) High-risk tiers.--At least one of the tiers established 
        by the Secretary under this section shall be a tier designated 
        for high-risk over-the-road bus operators.
          (5) Reassignment.--The Secretary may reassign an over-the-
        road bus operator to another tier, as appropriate, in response 
        to changes in risk, and the Secretary shall notify the over-
        the-road bus operator within 60 days after the reassignment and 
        provide the operator with the reasons for the reassignment.
  (h) Existing Procedures, Protocols, and Standards.--
          (1) Determination.--In response to a petition by an over-the-
        road bus operator or at the discretion of the Secretary, the 
        Secretary may determine that existing procedures, protocols, 
        and standards meet all or part of the requirements of this 
        section regarding vulnerability assessments and security plans.
          (2) Election.--On review and written determination by the 
        Secretary that existing procedures, protocols, or standards of 
        an over-the-road bus operator satisfy the requirements of this 
        section, the over-the-road bus operator may elect to comply 
        with those procedures, protocols, or standards instead of the 
        requirements of this section.
          (3) Partial approval.--If the Secretary determines that the 
        existing procedures, protocols, or standards of an over-the-
        road bus operator satisfy only part of the requirements of this 
        section, the Secretary may accept a submission, but shall 
        require submission by the operator of additional information 
        relevant to the vulnerability assessment and security plan of 
        the operator to ensure that the remaining requirements of this 
        section are fulfilled.
          (4) Notification.--If the Secretary determines that 
        particular existing procedures, protocols, or standards of an 
        over-the-road bus operator under this subsection do not satisfy 
        the requirements of this section, the Secretary shall provide 
        to the operator a written notification that includes an 
        explanation of the reasons for non-acceptance.
          (5) Review.--Nothing in this subsection shall relieve the 
        Secretary of the obligation--
                  (A) to review the vulnerability assessment and 
                security plan submitted by an over-the-road bus 
                operator under this section; and
                  (B) to approve or disapprove each submission on an 
                individual basis.
  (i) Periodic Evaluation by Over-the-Road Bus Provider Required.--
          (1) Submission.--Not later than 3 years after the date on 
        which a vulnerability assessment or security plan required to 
        be submitted to the Secretary under subsection (c) is approved, 
        and at least once every 5 years thereafter (or on another 
        schedule the Secretary may establish by regulation), an over-
        the-road bus operator who submitted a vulnerability assessment 
        and security plan and who is still assigned to the high-risk 
        tier shall also submit to the Secretary an evaluation of the 
        adequacy of the vulnerability assessment and security plan that 
        includes a description of material changes made to the 
        vulnerability assessment or security plan.
          (2) Review.--Not later than 180 days after the date on which 
        an evaluation is submitted, the Secretary shall review the 
        evaluation and notify the over-the-road bus operator submitting 
        the evaluation of the Secretary's approval or disapproval of 
        the evaluation.
  (j) Shared Facilities.--The Secretary may permit under this section 
the development and implementation of coordinated vulnerability 
assessments and security plans to the extent that an over-the-road bus 
operator shares facilities with, or is co-located with, other 
transportation entities or providers that are required to develop 
vulnerability assessments and security plans under Federal law.
  (k) Nondisclosure of Information.--
          (1) Submission of information to congress.--Nothing in this 
        section shall be construed as authorizing the withholding of 
        information from Congress.
          (2) Disclosure of independently furnished information.--
        Nothing in this section shall be construed as affecting the 
        authority or obligation of a Federal agency to disclose a 
        record or information that the Federal agency obtains from an 
        over-the-road bus operator under any other Federal law.
Sec. 40732. Assistance
  (a) In General.--The Secretary shall establish a program for making 
grants to eligible private operators providing transportation by an 
over-the-road bus for security improvements described in subsection 
(b).
  (b) Uses of Funds.--A recipient of a grant received under subsection 
(a) shall use the grant funds for one or more of the following:
          (1) Constructing and modifying terminals, garages, and 
        facilities, including terminals and other over-the-road bus 
        facilities owned by State or local governments, to increase 
        their security.
          (2) Modifying over-the-road buses to increase their security.
          (3) Protecting or isolating the driver of an over-the-road 
        bus.
          (4) Acquiring, upgrading, installing, or operating equipment, 
        software, or accessorial services for collection, storage, or 
        exchange of passenger and driver information through ticketing 
        systems or other means and for information links with 
        government agencies, for security purposes.
          (5) Installing cameras and video surveillance equipment on 
        over-the-road buses and at terminals, garages, and over-the-
        road bus facilities.
          (6) Establishing and improving an emergency communications 
        system linking drivers and over-the-road buses to the 
        recipient's operations center or linking the operations center 
        to law enforcement and emergency personnel.
          (7) Implementing and operating passenger screening programs 
        for weapons and explosives.
          (8) Public awareness campaigns for enhanced over-the-road bus 
        security.
          (9) Operating and capital costs associated with over-the-road 
        bus security awareness, preparedness, and response training, 
        including training under section 40734 of this title and 
        training developed by institutions of higher education and by 
        nonprofit employee labor organizations, for over-the-road bus 
        employees, including frontline employees.
          (10) Chemical, biological, radiological, or explosive 
        detection, including canine patrols for detection.
          (11) Overtime reimbursement, including reimbursement of 
        State, local, and tribal governments for costs, for enhanced 
        security personnel assigned to duties related to over-the-road 
        bus security during periods of high or severe threat levels, 
        National Special Security Events, or other periods of 
        heightened security as determined by the Secretary.
          (12) Live or simulated exercises, including those described 
        in section 40733 of this title.
          (13) Operational costs to hire, train, and employ police and 
        security officers, including canine units, assigned to full-
        time security or counterterrorism duties related to over-the-
        road bus transportation, including reimbursement of State, 
        local, and tribal government costs for the personnel.
          (14) Development of assessments or security plans under 
        section 40731 of this title.
          (15) Other improvements the Secretary considers appropriate.
  (c) Due Consideration.--In making grants under this section, the 
Secretary shall prioritize grant funding based on security risks to bus 
passengers and the ability of a project to reduce, or enhance response 
to, that risk, and shall not penalize private operators of over-the-
road buses that took measures to enhance over-the-road bus 
transportation security prior to September 11, 2001.
  (d) Secretary's Responsibilities.--In carrying out the 
responsibilities under subsection (a), the Secretary shall--
          (1) determine the requirements for recipients of grants under 
        this section, including application requirements;
          (2) select grant recipients;
          (3) award the funds authorized by this section based on risk, 
        as identified by the plans required under section 40731 of this 
        title or an assessment or plan described in subsection (f)(2); 
        and
          (4) under subsection (c), establish priorities for the use of 
        funds for grant recipients.
  (e) Distribution of Grants.--The Secretary and the Secretary of 
Transportation shall determine the most effective and efficient way to 
distribute grant funds to the recipients of grants determined by the 
Secretary under subsection (a). Subject to the determination made by 
the Secretaries, the Secretary may transfer funds to the Secretary of 
Transportation for the purposes of disbursing funds to the grant 
recipient.
  (f) Eligibility.--
          (1) In general.--A private operator providing transportation 
        by an over-the-road bus is eligible for a grant under this 
        section if the operator has completed a vulnerability 
        assessment and developed a security plan that the Secretary has 
        approved under section 40731 of this title. Grant funds may 
        only be used for permissible uses under subsection (b) to 
        further an over-the-road bus security plan.
          (2) Interim eligibility.--Notwithstanding the requirements 
        for eligibility and uses in paragraph (1), the Secretary may 
        award grants under this section for over-the-road bus security 
        improvements listed under subsection (b) based on over-the-road 
        bus vulnerability assessments and security plans that the 
        Secretary considers sufficient for the purposes of this section 
        but have not been approved by the Secretary under section 40731 
        of this title
  (g) Grant Terms and Conditions.--Except as otherwise specifically 
provided in this section, a grant made under this section shall be 
subject to the terms and conditions applicable to subrecipients who 
provide over-the-road bus transportation under 5311(f) of title 49 and 
other terms and conditions that the Secretary determines are necessary.
  (h) Limitation on Uses of Funds.--A grant made under this section may 
not be used to make a State or local government cost-sharing 
contribution under any other Federal law.
  (i) Annual Reports.--Each recipient of a grant under this section 
shall report annually to the Secretary on the use of the grant funds.
  (j) Consultation.--In carrying out this section, the Secretary shall 
consult with over-the-road bus operators and nonprofit employee labor 
organizations representing over-the-road bus employees and public 
safety and law enforcement officials.
Sec. 40733. Exercises
  (a) In General.--The Secretary shall establish a program for 
conducting security exercises for over-the-road bus transportation for 
the purpose of assessing and improving the capabilities of entities 
described in subsection (b) to prevent, prepare for, mitigate, respond 
to, and recover from acts of terrorism.
  (b) Covered Entities.--Entities to be assessed under the program 
include--
          (1) Federal, State, and local agencies and tribal 
        governments;
          (2) over-the-road bus operators and over-the-road bus 
        terminal owners and operators;
          (3) governmental and nongovernmental emergency response 
        providers and law enforcement agencies; and
          (4) other organizations or entities that the Secretary 
        determines appropriate.
  (c) Requirements.--The Secretary shall ensure that the program--
          (1) consolidates existing security exercises for over-the-
        road bus operators and terminals administered by the Department 
        and the Department of Transportation, as jointly determined by 
        the Secretary and the Secretary of Transportation, unless the 
        Secretary waives this consolidation requirement, as 
        appropriate;
          (2) consists of exercises that are--
                  (A) scaled and tailored to the needs of the over-the-
                road bus operators and terminals, including addressing 
                the needs of the elderly and individuals with 
                disabilities;
                  (B) live, in the case of the facilities most at risk 
                to a terrorist attack;
                  (C) coordinated with appropriate officials;
                  (D) as realistic as practicable and based on current 
                risk assessments, including credible threats, 
                vulnerabilities, and consequences;
                  (E) inclusive, as appropriate, of over-the-road bus 
                frontline employees; and
                  (F) consistent with the National Incident Management 
                System, the National Response Plan, the National 
                Infrastructure Protection Plan, the National 
                Preparedness Guidance, the National Preparedness Goal, 
                and other such national initiatives;
          (3) provides that exercises described in paragraph (2) will 
        be--
                  (A) evaluated by the Secretary against clear and 
                consistent performance measures;
                  (B) assessed by the Secretary to identify best 
                practices, which shall be shared, as appropriate, with 
                operators providing over-the-road bus transportation, 
                nonprofit employee organizations that represent over-
                the-road bus employees, Federal, State, local, and 
                tribal officials, governmental and nongovernmental 
                emergency response providers, and law enforcement 
                personnel; and
                  (C) used to develop recommendations, as appropriate, 
                provided to over-the-road bus operators and terminal 
                owners and operators on remedial action to be taken in 
                response to lessons learned;
          (4) allows for proper advanced notification of communities 
        and local governments in which exercises are held, as 
        appropriate; and
          (5) assists State, local, and tribal governments and over-
        the-road bus operators and terminal owners and operators in 
        designing, implementing, and evaluating additional exercises 
        that conform to the requirements of paragraph (2).
  (d) Consistent With National Exercise Program.--The Secretary shall 
ensure that the exercise program developed under subsection (c) is 
consistent with the national exercise program established under section 
20508 of this title.
Sec. 40734. Training program
  (a) In General.--The Secretary shall develop and issue regulations 
for an over-the-road bus training program to prepare over-the-road bus 
frontline employees for potential security threats and conditions. The 
regulations shall take into consideration current security training 
requirements or best practices.
  (b) Consultation.--The Secretary shall develop regulations under 
subsection (a) in consultation with--
          (1) appropriate law enforcement, fire service, emergency 
        response, security, and terrorism experts;
          (2) operators providing over-the-road bus transportation; and
          (3) nonprofit employee labor organizations representing over-
        the-road bus employees and emergency response personnel.
  (c) Program Elements.--The regulations developed under subsection (a) 
shall require security training programs, to include, at a minimum, 
elements to address the following, as applicable:
          (1) Determination of the seriousness of an occurrence or 
        threat.
          (2) Driver and passenger communication and coordination.
          (3) Appropriate responses to defend or protect oneself.
          (4) Use of personal and other protective equipment.
          (5) Evacuation procedures for passengers and over-the-road 
        bus employees, including individuals with disabilities and the 
        elderly.
          (6) Psychology, behavior, and methods of terrorists, 
        including observation and analysis.
          (7) Training related to psychological responses to terrorist 
        incidents, including the ability to cope with hijacker behavior 
        and passenger responses.
          (8) Live situational training exercises regarding various 
        threat conditions, including tunnel evacuation procedures.
          (9) Recognition and reporting of dangerous substances, 
        suspicious packages, and situations.
          (10) Understanding security incident procedures, including 
        procedures for communicating with emergency response providers 
        and for on-scene interaction with emergency response providers.
          (11) Operation and maintenance of security equipment and 
        systems.
          (12) Other security training activities that the Secretary 
        considers appropriate.
  (d) Required Programs.--
          (1) Development and submission to secretary.--Not later than 
        90 days after the Secretary issues the regulations under 
        subsection (a), each over-the-road bus operator shall develop a 
        security training program in accordance with the regulations 
        and submit the program to the Secretary for approval.
          (2) Approval.--Not later than 60 days after receiving a 
        security training program proposal under this subsection, the 
        Secretary shall approve the program or require the over-the-
        road bus operator that developed the program to make revisions 
        to the program that the Secretary considers necessary for the 
        program to meet the requirements of the regulations. An over-
        the-road bus operator shall respond to the Secretary's comments 
        not later than 30 days after receiving them.
          (3) Training.--Not later than 1 year after the Secretary 
        approves a security training program under this subsection, the 
        over-the-road bus operator that developed the program shall 
        complete the training of all over-the-road bus frontline 
        employees who were hired by the operator more than 30 days 
        preceding the approval date. For employees employed by an 
        operator for fewer than 30 days preceding the approval date, 
        training shall be completed within the first 60 days of 
        employment.
          (4) Updates of regulations and program revisions.--The 
        Secretary shall periodically review and update, as appropriate, 
        the training regulations issued under subsection (a) to reflect 
        new or changing security threats. Each over-the-road bus 
        operator shall revise its training program accordingly and 
        provide additional training as necessary to its employees 
        within a reasonable time after the regulations are updated.
  (e) National Training Program.--The Secretary shall ensure that the 
training program developed under subsection (a) is a component of the 
national training program established under section 20508 of this 
title.
Sec. 40735. Research and development
  (a) In General.--The Secretary, acting through the Under Secretary 
for Science and Technology and the Administrator of the Transportation 
Security Administration, shall carry out a research and development 
program for the purpose of improving the security of over-the-road 
buses.
  (b) Eligible Projects.--The research and development program may 
include projects--
          (1) to reduce the vulnerability of over-the-road buses, 
        stations, terminals, and equipment to explosives and hazardous 
        chemical, biological, and radioactive substances, including the 
        development of technology to screen passengers in large numbers 
        with minimal interference and disruption;
          (2) to test new emergency response and recovery techniques 
        and technologies, including those used at international 
        borders;
          (3) to develop improved technologies, including those for--
                  (A) emergency response training, including training 
                in a tunnel environment, if appropriate; and
                  (B) security and redundancy for critical 
                communications, electrical power, computer, and over-
                the-road bus control systems; and
          (4) to address other vulnerabilities and risks identified by 
        the Secretary.
  (c) Coordination with Other Research Initiatives.--The Secretary--
          (1) shall ensure that the research and development program is 
        consistent with the other transportation security research and 
        development programs required by section 30304 and chapters 401 
        through 407 of this title;
          (2) shall, to the extent practicable, coordinate the research 
        and development activities of the Department with other ongoing 
        research and development security-related initiatives, 
        including research being conducted by--
                  (A) the Department of Transportation, including 
                University Transportation Centers and other institutes, 
                centers, and simulators funded by the Department of 
                Transportation;
                  (B) the National Academy of Sciences;
                  (C) the Technical Support Working Group;
                  (D) other Federal departments and agencies; and
                  (E) other Federal and private research laboratories, 
                research entities, and institutions of higher 
                education, including Historically Black Colleges and 
                Universities, Hispanic Serving Institutions, and Indian 
                Tribally Controlled Colleges and Universities;
          (3) shall carry out a research and development project 
        authorized by this section through a reimbursable agreement 
        with an appropriate Federal agency, if the agency--
                  (A) is currently sponsoring a research and 
                development project in a similar area; or
                  (B) has a unique facility or capability that would be 
                useful in carrying out the project;
          (4) may award grants and enter into cooperative agreements, 
        contracts, other transactions, or reimbursable agreements to 
        the entities described in paragraph (2) and eligible recipients 
        under section 40732 of this title; and
          (5) shall make reasonable efforts to enter into memoranda of 
        understanding, contracts, grants, cooperative agreements, or 
        other transactions with private operators providing over-the-
        road bus transportation willing to contribute assets, physical 
        space, and other resources.
  (d) Privacy and Civil Rights and Civil Liberties Issues.--
          (1) Consultation.--In carrying out research and development 
        projects under this section, the Secretary shall consult with 
        the Chief Privacy Officer of the Department and the Officer for 
        Civil Rights and Civil Liberties of the Department as 
        appropriate and under section 10543 of this title.
          (2) Privacy impact assessments.--In accordance with sections 
        10543 and 11505 of this title, the Chief Privacy Officer shall 
        conduct privacy impact assessments and the Officer for Civil 
        Rights and Civil Liberties shall conduct reviews, as 
        appropriate, for research and development initiatives developed 
        under this section that the Secretary determines could have an 
        impact on privacy, civil rights, or civil liberties.

        Subchapter IV--Hazardous Material and Pipeline Security

Sec. 40741. Railroad routing of security-sensitive materials
  (a) Definitions.--In this section:
          (1) High-consequence target.--The term ``high-consequence 
        target'' means a property, natural resource, location, area, or 
        other target designated by the Secretary that is a viable 
        terrorist target of national significance, which may include a 
        facility or specific critical infrastructure, the attack of 
        which by railroad could result in--
                  (A) catastrophic loss of life;
                  (B) significant damage to national security or 
                defense capabilities; or
                  (C) national economic harm.
          (2) Route.--The term ``route'' includes storage facilities 
        and trackage used by railroad cars in transportation in 
        commerce.
  (b) Security-Sensitive Materials Commodity Data.--The Secretary of 
Transportation shall, by regulation, require each railroad carrier 
transporting security-sensitive materials in commerce to, no later than 
90 days after the end of each calendar year, compile security-sensitive 
materials commodity data. The data must be collected by route, line 
segment, or series of line segments, as aggregated by the railroad 
carrier. Within the railroad-carrier-selected route, the commodity data 
must identify the geographic location of the route and the total number 
of shipments by the United Nations identification number for the 
security-sensitive materials.
  (c) Railroad Transportation Route Analysis for Security-Sensitive 
Materials.--The Secretary of Transportation shall ensure that the 
regulation issued under this section requires each railroad carrier 
transporting security-sensitive materials in commerce to, for each 
calendar year, provide a written analysis of the safety and security 
risks for the transportation routes identified in the security-
sensitive materials commodity data collected as required by subsection 
(b). The safety and security risks present shall be analyzed for the 
route, railroad facilities, railroad storage facilities, and high-
consequence targets along or in proximity to the route.
  (d) Alternative Route Analysis for Security-Sensitive Materials.--The 
Secretary of Transportation shall ensure that the regulation issued 
under this section requires each railroad carrier transporting 
security-sensitive materials in commerce to--
          (1) for each calendar year--
                  (A) identify practicable alternative routes over 
                which the railroad carrier has authority to operate as 
                compared to the current route for a shipment analyzed 
                under subsection (c); and
                  (B) perform a safety and security risk assessment of 
                the alternative route for comparison to the route 
                analysis specified in subsection (c);
          (2) ensure that the analysis under paragraph (1) includes--
                  (A) identification of safety and security risks for 
                an alternative route;
                  (B) comparison of those risks identified under 
                subparagraph (A) to the primary railroad transportation 
                route, including the risk of a catastrophic release 
                from a shipment traveling along the alternate route 
                compared to the primary route;
                  (C) remediation or mitigation measures implemented on 
                the primary or alternative route; and
                  (D) potential economic effects of using an 
                alternative route; and
          (3) consider when determining the practicable alternative 
        routes under paragraph (1)(A) the use of interchange agreements 
        with other railroad carriers.
  (e) Alternative Route Selection for Security-Sensitive Materials.--
The Secretary of Transportation shall ensure that the regulation issued 
under this section requires each railroad carrier transporting 
security-sensitive materials in commerce to use the analysis required 
by subsections (c) and (d) to select the safest and most secure route 
to be used in transporting security-sensitive materials.
  (f) Review.--The Secretary of Transportation shall ensure that the 
regulation issued under this section requires each railroad carrier 
transporting security-sensitive materials in commerce to annually 
review and select the practicable route posing the least overall safety 
and security risk under this section. The railroad carrier must retain 
in writing all route review and selection decision documentation and 
restrict the distribution, disclosure, and availability of information 
contained in the route analysis to appropriate persons. This 
documentation should include, but is not limited to, comparative 
analyses, charts, graphics, or railroad system maps.
  (g) Retrospective Analysis.--The Secretary of Transportation shall 
ensure that the regulation issued under this section requires each 
railroad carrier transporting security-sensitive materials in commerce 
to, not less than once every 3 years, analyze the route selection 
determinations required under this section. The analysis shall include 
a comprehensive, system-wide review of all operational changes, 
infrastructure modifications, traffic adjustments, changes in the 
nature of high-consequence targets located along or in proximity to the 
route, or other changes affecting the safety and security of the 
movements of security-sensitive materials that were implemented since 
the previous analysis was completed.
  (h) Consultation.--In carrying out subsection (c), railroad carriers 
transporting security-sensitive materials in commerce shall seek 
relevant information from State, local, and tribal officials, as 
appropriate, regarding security risks to high-consequence targets along 
or in proximity to a route used by a railroad carrier to transport 
security-sensitive materials.
Sec. 40742. Railroad security-sensitive material tracking
  (a) In General.-- In conjunction with the research and development 
program established under section 40717 of this title and consistent 
with the results of research relating to wireless and other tracking 
technologies, the Secretary, in consultation with the Administrator of 
the Transportation Security Administration, shall develop a program 
that will encourage the equipping of railroad cars transporting 
security-sensitive materials, as defined in section 40701 of this 
title, with technology that provides--
          (1) car position location and tracking capabilities; and
          (2) notification of railroad car depressurization, breach, 
        unsafe temperature, or release of hazardous materials, as 
        appropriate.
  (b) Coordination.--In developing the program required by subsection 
(a), the Secretary shall--
          (1) consult with the Secretary of Transportation to 
        coordinate the program with ongoing or planned efforts for 
        railroad car tracking at the Department of Transportation; and
          (2) ensure that the program is consistent with 
        recommendations and findings of the Department of Homeland 
        Security's hazardous material railroad tank car tracking pilot 
        programs.
Sec. 40743. Motor carrier security-sensitive material tracking
  (a) Communications.--
          (1) In general.--Consistent with the findings of the 
        Transportation Security Administration's hazardous materials 
        truck security pilot program, the Secretary, through the 
        Administrator of the Transportation Security Administration and 
        in consultation with the Secretary of Transportation, shall 
        develop a program to facilitate the tracking of motor carrier 
        shipments of security-sensitive materials and to equip vehicles 
        used in the shipments with technology that provides--
                  (A) frequent or continuous communications;
                  (B) vehicle position location and tracking 
                capabilities; and
                  (C) a feature that allows a driver of the vehicles to 
                broadcast an emergency distress signal.
          (2) Considerations.--In developing the program required by 
        paragraph (1), the Secretary shall--
                  (A) consult with the Secretary of Transportation to 
                coordinate the program with ongoing or planned efforts 
                for motor carrier or security-sensitive materials 
                tracking at the Department of Transportation;
                  (B) take into consideration the recommendations and 
                findings of the report on the hazardous material safety 
                and security operational field test released by the 
                Federal Motor Carrier Safety Administration on November 
                11, 2004; and
                  (C) evaluate--
                          (i) new information related to the costs and 
                        benefits of deploying, equipping, and utilizing 
                        tracking technology, including portable 
                        tracking technology, for motor carriers 
                        transporting security-sensitive materials not 
                        included in the hazardous material safety and 
                        security operational field test report released 
                        by the Federal Motor Carrier Safety 
                        Administration on November 11, 2004;
                          (ii) the ability of tracking technology to 
                        resist tampering and disabling;
                          (iii) the capability of tracking technology 
                        to collect, display, and store information 
                        regarding the movement of shipments of 
                        security-sensitive materials by commercial 
                        motor vehicles;
                          (iv) the appropriate range of contact 
                        intervals between the tracking technology and a 
                        commercial motor vehicle transporting security-
                        sensitive materials;
                          (v) technology that allows the installation 
                        by a motor carrier of concealed electronic 
                        devices on commercial motor vehicles that can 
                        be activated by law enforcement authorities to 
                        disable the vehicle or alert emergency response 
                        resources to locate and recover security-
                        sensitive materials in the event of loss or 
                        theft of the materials;
                          (vi) whether installation of the technology 
                        described in clause (v) should be incorporated 
                        into the program under paragraph (1);
                          (vii) the costs, benefits, and practicality 
                        of the technology described in clause (v) in 
                        the context of the overall benefit to national 
                        security, including commerce in transportation; 
                        and
                          (viii) other systems and information that the 
                        Secretary determines appropriate.
  (b) Limitation.--The Secretary may not mandate the installation or 
utilization of a technology described under this section without 
additional congressional authority provided after August 3, 2007.
Sec. 40744. Use of transportation security card in hazmat licensing
  (a) Background Check.--An individual who has a valid transportation 
employee identification card issued by the Secretary under section 
70105 of title 46, is deemed to have met the background records check 
required under section 5103a of title 49.
  (b) State Review.--Nothing in this subsection prevents or preempts a 
State from conducting a criminal records check of an individual who has 
applied for a license to operate a motor vehicle transporting in 
commerce a hazardous material.
Sec. 40745. Pipeline security inspections and enforcement
  (a) In General.--Consistent with the Annex to the Memorandum of 
Understanding executed on August 9, 2006, between the Department of 
Transportation and the Department, the Secretary, in consultation with 
the Secretary of Transportation, shall establish a program for 
reviewing pipeline operator adoption of recommendations of the 
September 5, 2002, Department of Transportation Research and Special 
Programs Administration's Pipeline Security Information Circular, 
including the review of pipeline security plans and critical facility 
inspections.
  (b) Review and Inspection.--The Secretary and the Secretary of 
Transportation shall develop and implement a plan for reviewing the 
pipeline security plans and for inspecting the critical facilities of 
the 100 most critical pipeline operators covered by the September 5, 
2002, circular, where the facilities have not been inspected for 
security purposes since September 5, 2002, by either the Department or 
the Department of Transportation.
  (c) Compliance Review Methodology.--In reviewing pipeline operator 
compliance under subsections (a) and (b), risk assessment methodologies 
shall be used to prioritize risks and to target inspection and 
enforcement actions to the highest risk pipeline assets.
  (d) Regulations.--The Secretary and the Secretary of Transportation 
shall develop and transmit to pipeline operators security 
recommendations for natural gas and hazardous liquid pipelines and 
pipeline facilities. If the Secretary determines that regulations are 
appropriate, the Secretary shall consult with the Secretary of 
Transportation on the extent of risk and appropriate mitigation 
measures, and the Secretary or the Secretary of Transportation, 
consistent with the Annex to the Memorandum of Understanding executed 
on August 9, 2006, shall promulgate regulations and carry out necessary 
inspection and enforcement actions. Regulations shall incorporate the 
guidance provided to pipeline operators by the September 5, 2002, 
Department of Transportation Research and Special Programs 
Administration's Pipeline Security Information Circular and contain 
additional requirements as necessary based upon the results of the 
inspections performed under subsection (b). The regulations shall 
include the imposition of civil penalties for noncompliance.
Sec. 40746. Pipeline security and incident recovery plan
  (a) In General.--The Secretary, in consultation with the Secretary of 
Transportation and the Administrator of the Pipeline and Hazardous 
Materials Safety Administration, and in accordance with the Annex to 
the Memorandum of Understanding executed on August 9, 2006, the 
National Strategy for Transportation Security, and Homeland Security 
Presidential Directive-7, shall develop a pipeline security and 
incident recovery protocols plan. The plan shall include--
          (1) a security plan for the Government to provide increased 
        security support to the most critical interstate and intrastate 
        natural gas and hazardous liquid transmission pipeline 
        infrastructure and operations as determined under section 40745 
        of this title when--
                  (A) the pipeline infrastructure or operations are 
                under severe security threat levels of alert; or
                  (B) specific security threat information relating to 
                the pipeline infrastructure or operations exists; and
          (2) an incident recovery protocol plan, developed in 
        conjunction with interstate and intrastate transmission and 
        distribution pipeline operators and terminals and facilities 
        operators connected to pipelines, to develop protocols to 
        ensure the continued transportation of natural gas and 
        hazardous liquids to essential markets and for essential public 
        health or national defense uses in the event of an incident 
        affecting the interstate and intrastate natural gas and 
        hazardous liquid transmission and distribution pipeline system, 
        including protocols for restoring essential services supporting 
        pipelines and granting access to pipeline operators for 
        pipeline infrastructure repair, replacement, or bypass 
        following an incident.
  (b) Existing Private- and Public-Sector Efforts.--The plan shall take 
into account actions taken or planned by both private and public 
entities to address identified pipeline security issues and assess the 
effective integration of the actions.
  (c) Consultation.--In developing the plan under subsection (a), the 
Secretary shall consult with the Secretary of Transportation, 
interstate and intrastate transmission and distribution pipeline 
operators, nonprofit employee organizations representing pipeline 
employees, emergency responders, offerors, State pipeline safety 
agencies, public safety officials, and other relevant parties.

                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
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.

                         Subchapter I--General

Sec. 40901. Definitions
  (a) Title 49 Definitions.--Unless otherwise specifically provided, 
the definitions in section 40102 of title 49 apply to this chapter.
  (b) Administrator.--In this chapter, the term ``Administrator'' means 
the Administrator of the Transportation Security Administration.

                      Subchapter II--Requirements

Sec. 40911. Screening passengers and property
  (a) In General.--The Administrator shall provide for the screening of 
all passengers and property, including United States mail, cargo, 
carry-on and checked baggage, and other articles, that will be carried 
aboard a passenger aircraft operated by an air carrier or foreign air 
carrier in air transportation or intrastate air transportation. In the 
case of flights and flight segments originating in the United States, 
the screening shall take place before boarding and shall be carried out 
by a Federal Government employee (as defined in section 2105 of title 
5), except as otherwise provided in section 40929 of this title and 
except for identifying passengers and baggage for screening under the 
CAPPS and known shipper programs and conducting positive bag-match 
programs.
  (b) Supervision of Screening.--All screening of passengers and 
property at airports in the United States where screening is required 
under this section shall be supervised by uniformed Federal personnel 
of the Transportation Security Administration, who shall have the power 
to order the dismissal of an individual performing screening.
  (c) Checked Baggage Deadline.--A system must be in operation to 
screen all checked baggage at all airports in the United States as soon 
as practicable.
  (d) Explosives Detection Systems.--
          (1) In general.--The Administrator shall take all necessary 
        action to ensure that--
                  (A) explosives detection systems are deployed as soon 
                as possible to ensure that all United States airports 
                described in section 40913(c) of this title have 
                sufficient explosives detection systems to screen all 
                checked baggage and that as soon as the systems are in 
                place at an airport, all checked baggage at the airport 
                is screened by those systems;
                  (B) all systems deployed under subparagraph (A) are 
                fully utilized; and
                  (C) if explosives detection equipment at an airport 
                is unavailable, all checked baggage is screened by an 
                alternative means.
          (2) Preclearance airports.--
                  (A) Definition of aviation security preclearance 
                agreement.--In this paragraph, the term ``aviation 
                security preclearance agreement'' means an agreement 
                that delineates and implements security standards and 
                protocols that are determined by the Administrator, in 
                coordination with U.S. Customs and Border Protection, 
                to be comparable to those of the United States and 
                therefore sufficiently effective to enable passengers 
                to deplane into sterile areas of airports in the United 
                States.
                  (B) In general.--For a flight or flight segment 
                originating at an airport outside the United States and 
                traveling to the United States with respect to which 
                checked baggage has been screened in accordance with an 
                aviation security preclearance agreement between the 
                United States and the country in which the airport is 
                located, the Administrator may, in coordination with 
                U.S. Customs and Border Protection, determine whether 
                the baggage must be re-screened in the United States by 
                an explosives detection system before the baggage 
                continues on any additional flight or flight segment.
                  (C) Rescreening requirement.--If the Administrator 
                determines that the government of a foreign country has 
                not maintained security standards and protocols 
                comparable to those of the United States at airports at 
                which preclearance operations have been established in 
                accordance with this paragraph, the Administrator shall 
                ensure that Transportation Security Administration 
                personnel rescreen passengers arriving from those 
                airports and their property in the United States before 
                the passengers are permitted into sterile area of 
                airports in the United States.
                  (D) Report.--The Administrator shall submit to the 
                Committee on Homeland Security of the House of 
                Representatives, the Committee on Commerce, Science, 
                and Transportation of the Senate, and the Committee on 
                Homeland Security and Governmental Affairs of the 
                Senate an annual report on the re-screening of baggage 
                under this paragraph. Each report shall include the 
                following for the year covered by the report:
                          (i) A list of airports outside the United 
                        States from which a flight or flight segment 
                        traveled to the United States for which the 
                        Administrator determined, in accordance with 
                        the authority under subparagraph (B), that 
                        checked baggage was not required to be re-
                        screened in the United States by an explosives 
                        detection system before the baggage continued 
                        on an additional flight or flight segment.
                          (ii) The amount of Federal savings generated 
                        from the exercise of the authority.
  (e) Cargo Deadline.--A system must be in operation to screen, 
inspect, or otherwise ensure the security of all cargo that is to be 
transported in all-cargo aircraft in air transportation and intrastate 
air transportation as soon as practicable.
  (f) Air Cargo on Passenger Aircraft.--
          (1) Definition of screening.--In this subsection, the term 
        ``screening'' means a physical examination or nonintrusive 
        methods of assessing whether cargo poses a threat to 
        transportation security, including x-ray systems, explosives 
        detection systems, explosives trace detection, explosives 
        detection canine teams certified by the Transportation Security 
        Administration, or a physical search together with manifest 
        verification.
          (2) In general.--The Secretary shall establish a system to 
        screen 100 percent of cargo transported on passenger aircraft 
        operated by an air carrier or foreign air carrier in air 
        transportation or intrastate air transportation to ensure the 
        security of all passenger aircraft carrying cargo.
          (3) Minimum standards.--The system referred to in paragraph 
        (2) shall require, at a minimum, that equipment, technology, 
        procedures, personnel, or other methods approved by the 
        Administrator, are used to screen cargo carried on passenger 
        aircraft described in paragraph (2) to provide a level of 
        security commensurate with the level of security for the 
        screening of passenger checked baggage.
          (4) Additional cargo screening methods.--
                  (A) In general.--The Administrator may approve 
                additional methods to ensure that the cargo does not 
                pose a threat to transportation security and to assist 
                in meeting the requirements of this subsection.
                  (B) Minimum requirements.--The additional cargo 
                screening methods shall not include solely performing a 
                review of information about the contents of cargo or 
                verifying the identity of a shipper of the cargo that 
                is not performed in conjunction with other security 
                methods authorized under this subsection, including 
                whether a known shipper is registered in the known 
                shipper database.
                  (C) Certification program.--The additional cargo 
                screening methods may include a program to certify the 
                security methods used by shippers under paragraphs (2) 
                and (3) and alternative screening methods pursuant to 
                exemptions referred to in subsection (b) of section 
                1602 of the Implementing Recommendations of the 9/11 
                Commission Act of 2007 (Public Law 110-53, 121 Stat. 
                479).
          (5) Regulations.--The Secretary shall, by regulation, 
        implement this subsection in accordance with the provisions of 
        chapter 5 of title 5.
  (g) Deployment of Armed Law Enforcement Personnel.--
          (1) In general.--The Administrator shall order the deployment 
        of law enforcement personnel authorized to carry firearms at 
        each airport security screening location to ensure passenger 
        safety and national security.
          (2) Minimum requirements.--Except at airports required to 
        enter into agreements under subsection (c), the Administrator 
        shall order the deployment of at least one law enforcement 
        officer at each airport security screening location. At the 100 
        largest airports in the United States, in terms of annual 
        passenger enplanements for the most recent calendar year for 
        which data are available, the Secretary shall order the 
        deployment of additional law enforcement personnel at airport 
        security screening locations if the Administrator determines 
        that the additional deployment is necessary to ensure passenger 
        safety and national security.
  (h) Exemptions and Advising Congress on Regulations.--The 
Administrator--
          (1) may exempt from this section air transportation 
        operations, except scheduled passenger operations of an air 
        carrier providing air transportation under a certificate issued 
        under section 41102 of title 49 or a permit issued under 
        section 41302 of title 49; and
          (2) shall advise Congress of a regulation to be prescribed 
        under this section at least 30 days before the effective date 
        of the regulation, unless the Administrator decides an 
        emergency exists requiring the regulation to become effective 
        in fewer than 30 days and notifies Congress of that decision.
  (i) Blast-resistant Cargo Containers.--
          (1) In general.--The Administrator shall--
                  (A) evaluate the results of the blast-resistant cargo 
                container pilot program that was initiated before 
                August 3, 2007; and
                  (B) prepare and distribute through the Aviation 
                Security Advisory Committee to the appropriate 
                Committees of Congress and air carriers a report on 
                that evaluation which may contain nonclassified and 
                classified sections.
          (2) Acquisition, maintenance, and replacement.--On completion 
        and consistent with the results of the evaluation that 
        paragraph (1)(A) requires, the Administrator shall--
                  (A) develop and implement a program, as the 
                Administrator determines appropriate, to acquire, 
                maintain, and replace blast-resistant cargo containers;
                  (B) pay for the program; and
                  (C) make available blast-resistant cargo containers 
                to air carriers under paragraph (3).
          (3) Distribution to air carriers.--The Administrator shall 
        make available blast-resistant cargo containers to air carriers 
        for use on a risk managed basis as determined by the Secretary.
  (j) General Aviation Airport Security Program.--
          (1) In general.--The Administrator shall--
                  (A) develop a standardized threat and vulnerability 
                assessment program for general aviation airports (as 
                defined in section 47134(m) of title 49); and
                  (B) implement a program to perform the assessments on 
                a risk-managed basis at general aviation airports.
          (2) Grant program.--The Administrator shall complete a study 
        of the feasibility of a program, based on a risk-managed 
        approach, to provide grants to operators of general aviation 
        airports (as defined in section 47134(m) of title 49) for 
        projects to upgrade security at the airports. If the Secretary 
        determines that a program is feasible, the Secretary shall 
        establish a program.
          (3) Required submissions by general aviation aircraft.--The 
        Administrator shall develop a risk-based system under which--
                  (A) general aviation aircraft, as identified by the 
                Administrator, in coordination with the Administrator 
                of the Federal Aviation Administration, are required to 
                submit passenger information and advance notification 
                requirements for U. S. Customs and Border Protection 
                before entering United States airspace; and
                  (B) the information is checked against appropriate 
                databases.
          (4) Authorization of appropriations.--There are authorized to 
        be appropriated to the Administrator such sums as may be 
        necessary to carry out paragraphs (2) and (3).
  (k) Limitations on Use of Advanced Imaging Technology for Screening 
Passengers.--
          (1) Definitions.--In this subsection:
                  (A) Advanced imaging technology.--The term ``advanced 
                imaging technology''--
                          (i) means a device used in the screening of 
                        passengers that creates a visual image of an 
                        individual showing the surface of the skin and 
                        revealing other objects on the body; and
                          (ii) may include devices using backscatter x-
                        rays or millimeter waves and devices referred 
                        to as ``whole-body imaging technology'' or 
                        ``body scanning machines''.
                  (B) Appropriate congressional committees.--The term 
                ``appropriate congressional committees'' means--
                          (i) the Committee on Commerce, Science, and 
                        Transportation and the Committee on Homeland 
                        Security and Governmental Affairs of the 
                        Senate; and
                          (ii) the Committee on Homeland Security of 
                        the House of Representatives.
                  (C) Automatic target recognition software.--The term 
                ``automatic target recognition software'' means 
                software installed on an advanced imaging technology 
                that produces a generic image of the individual being 
                screened that is the same as the images produced for 
                all other screened individuals.
          (2) Use of advanced imaging technology.--The Administrator 
        shall ensure that an advanced imaging technology used for the 
        screening of passengers under this section--
                  (A) is equipped with and employs automatic target 
                recognition software; and
                  (B) complies with other requirements the 
                Administrator determines necessary to address privacy 
                considerations.
          (3) Extension.--
                  (A) In general.--The Administrator may extend the 
                deadline specified in paragraph (2), if the 
                Administrator determines that--
                          (i) an advanced imaging technology equipped 
                        with automatic target recognition software is 
                        not substantially as effective at screening 
                        passengers as an advanced imaging technology 
                        without the software; or
                          (ii) additional testing of the software is 
                        necessary.
                  (B) Duration of extensions.--The Administrator may 
                issue one or more extensions under subparagraph (A). 
                The duration of each extension may not exceed one year.
          (4) Reports.--
                  (A) In general.--Not later than 60 days after the 
                date on which the Administrator issues any extension 
                under paragraph (3), the Administrator shall submit to 
                the appropriate congressional committees a report on 
                the implementation of this subsection.
                  (B) Elements.--A report submitted under subparagraph 
                (A) shall include the following:
                          (i) A description of all matters the 
                        Administrator considers relevant to the 
                        implementation of the requirements of this 
                        subsection.
                          (ii) The status of compliance by the 
                        Transportation Security Administration with the 
                        requirements.
                          (iii) If the Transportation Security 
                        Administration is not in full compliance with 
                        the requirements--
                                  (I) the reasons for the 
                                noncompliance; and
                                  (II) a timeline depicting when the 
                                Administrator expects the 
                                Transportation Security Administration 
                                to achieve full compliance.
                  (C) Security classification.--To the greatest extent 
                practicable, a report prepared under subparagraph (A) 
                shall be submitted in an unclassified format. If 
                necessary, the report may include a classified annex.
Sec. 40912. Refusal to transport passengers and property
  (a) Mandatory Refusal.--The Administrator shall prescribe regulations 
requiring an air carrier, intrastate air carrier, or foreign air 
carrier to refuse to transport--
          (1) a passenger who does not consent to a search under 
        section 40911(a) of this title establishing whether the 
        passenger is carrying unlawfully a dangerous weapon, explosive, 
        or other destructive substance; or
          (2) property of a passenger who does not consent to a search 
        of the property establishing whether the property unlawfully 
        contains a dangerous weapon, explosive, or other destructive 
        substance.
  (b) Permissive Refusal.--Subject to regulations of the Administrator, 
an air carrier, intrastate air carrier, or foreign air carrier may 
refuse to transport a passenger or property the carrier decides is, or 
might be, inimical to safety.
  (c) Agreeing to Consent to Search.--An agreement to carry passengers 
or property in air transportation or intrastate air transportation by 
an air carrier, intrastate air carrier, or foreign air carrier is 
deemed to include an agreement that the passenger or property will not 
be carried if consent to search the passenger or property for a purpose 
referred to in this section is not given.
Sec. 40913. Air transportation security
  (a) Definition of Law Enforcement Personnel.--In this section, ``law 
enforcement personnel'' means individuals--
          (1) authorized to carry and use firearms;
          (2) vested with the degree of the police power of arrest the 
        Secretary considers necessary to carry out this section; and
          (3) identifiable by appropriate indicia of authority.
  (b) Protection Against Violence and Piracy.--The Administrator shall 
prescribe regulations to protect passengers and property on an aircraft 
operating in air transportation or intrastate air transportation 
against an act of criminal violence or aircraft piracy. When 
prescribing a regulation under this subsection, the Administrator 
shall--
          (1) consult with the Secretary of Transportation, the 
        Attorney General, the heads of other departments, agencies, and 
        instrumentalities of the United States Government, and State 
        and local authorities;
          (2) consider whether a proposed regulation is consistent 
        with--
                  (A) protecting passengers; and
                  (B) the public interest in promoting air 
                transportation and intrastate air transportation;
          (3) to the maximum extent practicable, require a uniform 
        procedure for searching and detaining passengers and property 
        to ensure--
                  (A) their safety; and
                  (B) courteous and efficient treatment by an air 
                carrier, an agent or employee of an air carrier, and 
                Government, State, and local law enforcement personnel 
                carrying out this section; and
          (4) consider the extent to which a proposed regulation will 
        carry out this section.
  (c) Security Programs.--
          (1) In general.--The Administrator shall prescribe 
        regulations under subsection (b) that require each operator of 
        an airport regularly serving an air carrier holding a 
        certificate issued by the Secretary of Transportation to 
        establish an air transportation security program that provides 
        a law enforcement presence and capability at each of those 
        airports that is adequate to ensure the safety of passengers. 
        The regulations shall authorize the operator to use the 
        services of qualified State, local, and private law enforcement 
        personnel. When the Administrator decides, after being notified 
        by an operator in the form the Administrator prescribes, that 
        not enough qualified State, local, and private law enforcement 
        personnel are available to carry out subsection (b), the 
        Administrator may authorize the operator to use, on a 
        reimbursable basis, personnel employed by the Administrator, or 
        by another department, agency, or instrumentality of the 
        Government with the consent of the head of the department, 
        agency, or instrumentality, to supplement State, local, and 
        private law enforcement personnel. When deciding whether 
        additional personnel are needed, the Administrator shall 
        consider the number of passengers boarded at the airport, the 
        extent of anticipated risk of criminal violence or aircraft 
        piracy at the airport or to the air carrier aircraft operations 
        at the airport, and the availability of qualified State or 
        local law enforcement personnel at the airport.
          (2) Inclusion of airport tenant security program.--
                  (A) In general.--The Administrator may approve a 
                security program of an airport operator, or an 
                amendment to an existing program, that incorporates a 
                security program of an airport tenant (except an air 
                carrier separately complying with part 108 or 129 of 
                title 14, Code of Federal Regulations) having access to 
                a secured area of the airport, if the program or 
                amendment incorporates--
                          (i) the measures the tenant will use, within 
                        the tenant's leased areas or areas designated 
                        for the tenant's exclusive use under an 
                        agreement with the airport operator, to carry 
                        out the security requirements imposed by the 
                        Administrator on the airport operator under the 
                        access control system requirements of section 
                        107.14 of title 14, Code of Federal 
                        Regulations, or under other requirements of 
                        part 107 of title 14; and
                          (ii) the methods the airport operator will 
                        use to monitor and audit the tenant's 
                        compliance with the security requirements and 
                        provides that the tenant will be required to 
                        pay monetary penalties to the airport operator 
                        if the tenant fails to carry out a security 
                        requirement under a contractual provision or 
                        requirement imposed by the airport operator.
                  (B) Operator not in violation.--If the Administrator 
                approves a program or amendment described in 
                subparagraph (A) of this paragraph, the airport 
                operator may not be found to be in violation of a 
                requirement of this subsection or subsection (b) when 
                the airport operator demonstrates that the tenant or an 
                employee, permittee, or invitee of the tenant is 
                responsible for the violation and that the airport 
                operator has complied with all measures in its security 
                program for securing compliance with its security 
                program by the tenant.
                  (C) Maximum use of chemical and biological weapon 
                detection equipment.--The Administrator may require 
                airports to maximize the use of technology and 
                equipment that is designed to detect or neutralize 
                potential chemical or biological weapons.
          (3) Pilot programs.--The Administrator shall establish pilot 
        programs in no fewer than 20 airports to test and evaluate new 
        and emerging technology for providing access control and other 
        security protections for closed or secure areas of the 
        airports. The technology may include biometric or other 
        technology that ensures only authorized access to secure areas.
  (d) Authorizing Individuals To Carry Firearms and Make Arrests.--With 
the approval of the Attorney General and the Secretary of State, the 
Secretary may authorize an individual who carries out air 
transportation security duties--
          (1) to carry firearms; and
          (2) to make arrests without warrant for an offense against 
        the United States committed in the presence of the individual 
        or for a felony under the laws of the United States, if the 
        individual reasonably believes the individual to be arrested 
        has committed or is committing a felony.
  (e) Exclusive Responsibility Over Passenger Safety.--The 
Administrator has the exclusive responsibility to direct law 
enforcement activity related to the safety of passengers on an aircraft 
involved in an offense under section 46502 of title 49 from the moment 
all external doors of the aircraft are closed following boarding until 
those doors are opened to allow passengers to leave the aircraft. When 
requested by the Administrator, other departments, agencies, and 
instrumentalities of the Government shall provide assistance necessary 
to carry out this subsection.
  (f) Government and Industry Consortia.--The Administrator may 
establish at airports consortia of government and aviation industry 
representatives to provide advice on matters related to aviation 
security and safety. The consortia shall not be considered Federal 
advisory committees for purposes of the Federal Advisory Committee Act 
(5 U.S.C. App.).
  (g) Improvement of Secured-Area Access Control.--
          (1) Employee sanctions.--
                  (A) Publication.--The Administrator shall publish in 
                the Federal Register a list of sanctions for use as 
                guidelines in the discipline of employees for 
                infractions of airport access control requirements.
                  (B) Disciplinary approach.--The guidelines shall 
                incorporate a progressive disciplinary approach that 
                relates proposed sanctions to the severity or recurring 
                nature of the infraction and shall include measures 
                such as remedial training, suspension from security-
                related duties, suspension from all duties without pay, 
                and termination of employment.
                  (C) Use.--Each airport operator, air carrier, and 
                security screening company shall include the list of 
                sanctions published by the Administrator in its 
                security program. The security program shall include a 
                process for taking prompt disciplinary action against 
                an employee who commits an infraction of airport access 
                control requirements.
          (2) Actions to improve access control.--The Administrator 
        shall--
                  (A) work with airport operators and air carriers to 
                implement and strengthen existing controls to eliminate 
                airport access control weaknesses;
                  (B) require airport operators and air carriers to 
                develop and implement comprehensive and recurring 
                training programs that teach employees their roles in 
                airport security, the importance of their 
                participation, how their performance will be evaluated, 
                and what action will be taken if they fail to perform;
                  (C) require airport operators and air carriers to 
                develop and implement programs that foster and reward 
                compliance with airport access control requirements and 
                discourage and penalize noncompliance in accordance 
                with guidelines issued by the Administrator to measure 
                employee compliance;
                  (D) on an ongoing basis, assess and test for 
                compliance with access control requirements, report 
                annually findings of the assessments, and assess the 
                effectiveness of penalties in ensuring compliance with 
                security procedures and take other appropriate 
                enforcement actions when noncompliance is found;
                  (E) improve and better administer the Administrator's 
                security database to ensure its efficiency, 
                reliability, and usefulness for identification of 
                systemic problems and allocation of resources;
                  (F) improve the execution of the Administrator's 
                quality control program; and
                  (G) work with airport operators to strengthen access 
                control points in secured areas (including air traffic 
                control operations areas, maintenance areas, crew 
                lounges, baggage handling areas, concessions, and 
                catering delivery areas) to ensure the security of 
                passengers and aircraft and consider the deployment of 
                biometric or similar technologies that identify 
                individuals based on unique personal characteristics.
  (h) Improved Airport Perimeter Access Security.--
          (1) Definitions.--In this subsection:
                  (A) Biometric identifier.--The term ``biometric 
                identifier'' means a technology that enables the 
                automated identification, or verification of the 
                identity, of an individual based on biometric 
                information.
                  (B) Biometric identifier information.--The term 
                ``biometric identifier information'' means the distinct 
                physical or behavioral characteristics of an individual 
                that are used for unique identification, or 
                verification of the identity, of an individual.
                  (C) Failure to enroll.--The term ``failure to 
                enroll'' means the inability of an individual to enroll 
                in a biometric identifier system due to an 
                insufficiently distinctive biometric sample, the lack 
                of a body part necessary to provide the biometric 
                sample, a system design that makes it difficult to 
                provide consistent biometric identifier information, or 
                other factors.
                  (D) False match.--The term ``false match'' means the 
                incorrect matching of one individual's biometric 
                identifier information to another individual's 
                biometric identifier information by a biometric 
                identifier system.
                  (E) False non-match.--The term ``false non-match'' 
                means the rejection of a valid identity by a biometric 
                identifier system.
                  (F) Secure area of an airport.--The term ``secure 
                area of an airport'' means the sterile area and the 
                Security Identification Display Area of an airport (as 
                the terms are defined in section 1540.5 of title 49, 
                Code of Federal Regulations, or a successor regulation 
                to that section).
          (2) In general.--The Administrator, in consultation with the 
        airport operator and law enforcement authorities, may order the 
        deployment of necessary personnel at a secure area of the 
        airport to counter the risk of criminal violence, the risk of 
        aircraft piracy at the airport, the risk to air carrier 
        aircraft operations at the airport, or to meet national 
        security concerns.
          (3) Consideration of security of aircraft and ground access 
        to secure areas.--In determining where to deploy the personnel, 
        the Administrator shall consider the physical security needs of 
        air traffic control facilities, parked aircraft, aircraft 
        servicing equipment, aircraft supplies (including fuel), 
        automobile parking facilities within airport perimeters or 
        adjacent to secured facilities, and access and transition areas 
        at airports served by other means of ground or water 
        transportation.
          (4) Deployment of federal law enforcement personnel.--The 
        Administrator may enter into a memorandum of understanding or 
        other agreement with the Attorney General or the head of 
        another appropriate Federal law enforcement agency to deploy 
        Federal law enforcement personnel at an airport in order to 
        meet aviation safety and security concerns.
          (5) Airport perimeter screening.--The Administrator shall--
                  (A) require screening or inspection of all 
                individuals, goods, property, vehicles, and other 
                equipment before entry into a secured area of an 
                airport in the United States described in subsection 
                (c);
                  (B) prescribe specific requirements for the screening 
                and inspection that will ensure at least the same level 
                of protection as will result from screening of 
                passengers and their baggage;
                  (C) establish procedures to ensure the safety and 
                integrity of--
                          (i) all persons providing services with 
                        respect to aircraft providing passenger air 
                        transportation or intrastate air transportation 
                        and facilities of those persons at an airport 
                        in the United States described in subsection 
                        (c);
                          (ii) all supplies, including catering and 
                        passenger amenities, placed aboard the 
                        aircraft, including the sealing of supplies to 
                        ensure easy visual detection of tampering; and
                          (iii) all persons providing the supplies and 
                        facilities of those persons;
                  (D) require vendors having direct access to the 
                airfield and aircraft to develop security programs; and
                  (E) issue guidance for the use of biometric or other 
                technology that positively verifies the identity of 
                each employee and law enforcement officer who enters a 
                secure area of an airport.
          (6) Use of biometric technology in airport access control 
        systems.--In issuing guidance under paragraph (5)(E), the 
        Administrator in consultation with representatives of the 
        aviation industry, the biometric identifier industry, and the 
        National Institute of Standards and Technology, shall 
        establish, at a minimum--
                  (A) comprehensive technical and operational system 
                requirements and performance standards for the use of 
                biometric identifier technology in airport access 
                control systems (including airport perimeter access 
                control systems) to ensure that the biometric 
                identifier systems are effective, reliable, and secure;
                  (B) a list of products and vendors that meet the 
                requirements and standards set forth in subparagraph 
                (A);
                  (C) procedures for implementing biometric identifier 
                systems--
                          (i) to ensure that individuals do not use an 
                        assumed identity to enroll in a biometric 
                        identifier system; and
                          (ii) to resolve failures to enroll, false 
                        matches, and false nonmatches; and
                  (D) best practices for incorporating biometric 
                identifier technology into airport access control 
                systems in the most effective manner, including a 
                process to best utilize existing airport access control 
                systems, facilities, and equipment, and existing data 
                networks connecting airports.
          (7) Use of biometric technology for armed law enforcement 
        travel.--
                  (A) In general.--The Secretary, in consultation with 
                the Attorney General, shall--
                          (i) implement this section by publication in 
                        the Federal Register; and
                          (ii) establish a national registered armed 
                        law enforcement program, that shall be 
                        federally managed, for law enforcement officers 
                        needing to be armed when traveling by 
                        commercial aircraft.
                  (B) Program requirements.--The program shall--
                          (i) establish a credential or a system that 
                        incorporates biometric technology and other 
                        applicable technologies;
                          (ii) establish a system for law enforcement 
                        officers who need to be armed when traveling by 
                        commercial aircraft on a regular basis and for 
                        those who need to be armed during temporary 
                        travel assignments;
                          (iii) comply with other uniform credentialing 
                        initiatives, including the Homeland Security 
                        Presidential Directive-12;
                          (iv) apply to all Federal, State, local, 
                        tribal, and territorial government law 
                        enforcement agencies; and
                          (v) establish a process by which the travel 
                        credential or system may be used to verify the 
                        identity, using biometric technology, of a 
                        Federal, State, local, tribal, or territorial 
                        law enforcement officer seeking to carry a 
                        weapon on board a commercial aircraft, without 
                        unnecessarily disclosing to the public that the 
                        individual is a law enforcement officer.
                  (C) Procedures.--In establishing the program, the 
                Secretary shall develop procedures--
                          (i) to ensure that a law enforcement officer 
                        of a Federal, State, local, tribal, or 
                        territorial government flying armed has a 
                        specific reason for flying armed and the reason 
                        is within the scope of the duties of the 
                        officer;
                          (ii) to preserve the anonymity of the armed 
                        law enforcement officer;
                          (iii) to resolve failures to enroll, false 
                        matches, and false nonmatches relating to the 
                        use of the law enforcement travel credential or 
                        system;
                          (iv) to determine the method of issuance of 
                        the biometric credential to law enforcement 
                        officers needing to be armed when traveling by 
                        commercial aircraft;
                          (v) to invalidate a law enforcement travel 
                        credential or system that is lost, stolen, or 
                        no longer authorized for use;
                          (vi) to coordinate the program with the 
                        Federal Air Marshal Service, including the 
                        force multiplier program of the Service; and
                          (vii) to implement a phased approach to 
                        launching the program, addressing the immediate 
                        needs of the relevant Federal agent population 
                        before expanding the program to other law 
                        enforcement populations.
  (i) Authority To Arm Flight Deck Crew With Less-Than-Lethal 
Weapons.--
          (1) In general.--If the Administrator, after receiving the 
        recommendations of the National Institute of Justice, 
        determines, with the approval of the Attorney General and the 
        Secretary of State, that it is appropriate and necessary and 
        would effectively serve the public interest in avoiding air 
        piracy, the Administrator may authorize members of the flight 
        deck crew on an aircraft providing air transportation or 
        intrastate air transportation to carry a less-than-lethal 
        weapon while the aircraft is engaged in providing the 
        transportation.
          (2) Usage.--If the Administrator grants authority under 
        paragraph (1) for flight deck crew members to carry a less-
        than-lethal weapon while engaged in providing air 
        transportation or intrastate air transportation, the 
        Administrator shall--
                  (A) prescribe rules requiring that the crew member be 
                trained in the proper use of the weapon; and
                  (B) prescribe guidelines setting forth the 
                circumstances under which weapons may be used.
          (3) Request of air carriers to use less-than-lethal 
        weapons.--If the Administrator receives a request from an air 
        carrier for authorization to allow pilots of the air carrier to 
        carry less-than-lethal weapons, the Administrator shall respond 
        to that request within 90 days.
  (j) Short-Term Assessment and Deployment of Emerging Security 
Technologies and Procedures.--
          (1) Definition of secure area of an airport.--In this 
        subsection, the term ``secure area of an airport'' means the 
        sterile area and the Security Identification Display Area of an 
        airport (as the terms are defined in section 1540.5 of title 
        49, Code of Federal Regulations, or a successor regulation to 
        that section).
           (2) In general.--The Administrator shall recommend to 
        airport operators commercially available measures or procedures 
        to prevent access to secure airport areas by unauthorized 
        persons. As part of a 6-month assessment, the Administrator 
        shall--
                  (A) review the effectiveness of biometrics systems 
                currently in use at several United States airports, 
                including San Francisco International;
                  (B) review the effectiveness of increased 
                surveillance at access points;
                  (C) review the effectiveness of card- or keypad-based 
                access systems;
                  (D) review the effectiveness of airport emergency 
                exit systems and determine whether those that lead to 
                secure areas of the airport should be monitored or how 
                breaches can be swiftly responded to; and
                  (E) specifically target the elimination of the 
                ``piggy-backing'' phenomenon, where another person 
                follows an authorized person through the access point.
          (3) Deployment strategy for available technology; review of 
        reductions in unauthorized access.--The 6-month assessment 
        shall include a 12-month deployment strategy for currently 
        available technology at all category X airports, as defined in 
        the Federal Aviation Administration approved air carrier 
        security programs required under part 108 of title 14, Code of 
        Federal Regulations. After the assessment, the Administrator 
        shall conduct a review of reductions in unauthorized access at 
        these airports.
          (4) Computer-assisted passenger prescreening system.--
                  (A) In general.--The Administrator shall ensure that 
                the Computer-Assisted Passenger Prescreening System, or 
                a successor system--
                          (i) is used to evaluate all passengers before 
                        they board an aircraft; and
                          (ii) includes procedures to ensure that 
                        individuals selected by the system and their 
                        carry-on and checked baggage are adequately 
                        screened.
                  (B) Modifications.--The Administrator may modify a 
                requirement under the Computer-Assisted Passenger 
                Prescreening System for flights that originate and 
                terminate in the same State, if the Administrator 
                determines that--
                          (i) the State has extraordinary air 
                        transportation needs or concerns due to its 
                        isolation and dependence on air transportation; 
                        and
                          (ii) the routine characteristics of 
                        passengers, given the nature of the market, 
                        regularly triggers primary selectee status.
                  (C) Advanced airline passenger prescreening.--
                          (i) Testing.--The Administrator, or the 
                        designee of the Administrator, shall commence 
                        testing of an advanced passenger prescreening 
                        system that will allow the Department to assume 
                        the performance of comparing passenger 
                        information, as defined by the Administrator, 
                        to the automatic selectee and no fly lists, 
                        utilizing all appropriate records in the 
                        consolidated and integrated terrorist watchlist 
                        maintained by the Federal Government.
                          (ii) Assumption of performance.--After 
                        completion of testing under clause (i), the 
                        Administrator, or the designee of the 
                        Administrator, shall begin to assume the 
                        performance of the passenger prescreening 
                        function of comparing passenger information to 
                        the automatic selectee and no fly lists and 
                        utilize all appropriate records in the 
                        consolidated and integrated terrorist watchlist 
                        maintained by the Federal Government in 
                        performing that function.
                          (iii) Duties in assuming performance.--In 
                        assuming performance of the function under 
                        clause (ii), the Administrator shall--
                                  (I) establish a procedure to enable 
                                airline passengers, who are delayed or 
                                prohibited from boarding a flight 
                                because the advanced passenger 
                                prescreening system determined that 
                                they might pose a security threat, to 
                                appeal a determination and correct 
                                information contained in the system;
                                  (II) ensure that Federal Government 
                                databases that will be used to 
                                establish the identity of a passenger 
                                under the system will not produce a 
                                large number of false positives;
                                  (III) establish an internal oversight 
                                board to oversee and monitor the manner 
                                in which the system is being 
                                implemented;
                                  (IV) establish sufficient operational 
                                safeguards to reduce the opportunities 
                                for abuse;
                                  (V) implement substantial security 
                                measures to protect the system from 
                                unauthorized access;
                                  (VI) adopt policies establishing 
                                effective oversight of the use and 
                                operation of the system; and
                                  (VII) ensure that there are no 
                                specific privacy concerns with the 
                                technological architecture of the 
                                system.
                          (iv) Requirement to provide passenger 
                        information.--After the completion of the 
                        testing of the advanced passenger prescreening 
                        system, the Administrator, by order or interim 
                        final rule--
                                  (I) shall require air carriers to 
                                supply to the Administrator the 
                                passenger information needed to begin 
                                implementing the advanced passenger 
                                prescreening system; and
                                  (II) shall require entities that 
                                provide systems and services to air 
                                carriers in the operation of air 
                                carrier reservations systems to provide 
                                to air carriers passenger information 
                                in possession of the entities, but only 
                                to the extent necessary to comply with 
                                subclause (I).
                          (v) Inclusion of detainee on no fly list.--
                        The Administrator, in coordination with the 
                        Terrorist Screening Center, shall include on 
                        the No Fly List an individual who was a 
                        detainee held at the Naval Station, Guantanamo 
                        Bay, Cuba, unless the President certifies in 
                        writing to Congress that the detainee poses no 
                        threat to the United States, its citizens, or 
                        its allies. For purposes of this clause, the 
                        term ``detainee'' means an individual in the 
                        custody or under the physical control of the 
                        United States as a result of armed conflict.
                  (D) Screening of employees against watchlist.--The 
                Administrator in coordination with the Secretary of 
                Transportation and the Administrator of the Federal 
                Aviation Administration, shall ensure that individuals 
                are screened against all appropriate records in the 
                consolidated and integrated terrorist watchlist 
                maintained by the Federal Government before--
                          (i) being certificated by the Federal 
                        Aviation Administration;
                          (ii) being granted unescorted access to the 
                        secure area of an airport; or
                          (iii) being granted unescorted access to the 
                        air operations area (as defined in section 
                        1540.5 of title 49, Code of Federal 
                        Regulations, or a successor regulation to that 
                        section) of an airport.
                  (E) Aircraft charter customer and lessee 
                prescreening.--
                          (i) Establishment.--The Administrator shall 
                        establish a process by which operators of 
                        aircraft to be used in charter air 
                        transportation with a maximum takeoff weight 
                        greater than 12,500 pounds and lessors of 
                        aircraft with a maximum takeoff weight greater 
                        than 12,500 pounds may--
                                  (I) request the Department to use the 
                                advanced passenger prescreening system 
                                to compare information about an 
                                individual seeking to charter an 
                                aircraft with a maximum takeoff weight 
                                greater than 12,500 pounds, a passenger 
                                proposed to be transported aboard the 
                                aircraft, and an individual seeking to 
                                lease an aircraft with a maximum 
                                takeoff weight greater than 12,500 
                                pounds to the automatic selectee and no 
                                fly lists, utilizing all appropriate 
                                records in the consolidated and 
                                integrated terrorist watchlist 
                                maintained by the Federal Government; 
                                and
                                  (II) refuse to charter or lease an 
                                aircraft with a maximum takeoff weight 
                                greater than 12,500 pounds to or 
                                transport aboard the aircraft persons 
                                identified on the watch list.
                          (ii) Applicability.--The requirements of 
                        subparagraph (C)(iii) apply to this 
                        subparagraph.
                          (iii) Design and review of guidelines, 
                        policies, and operating procedures.--The 
                        Administrator, in consultation with the 
                        Terrorist Screening Center, shall design and 
                        review, as necessary, guidelines, policies, and 
                        operating procedures for the collection, 
                        removal, and updating of data maintained, or to 
                        be maintained, in the no fly and automatic 
                        selectee lists.
                  (F) Applicability.--Section 607 of the Vision 100--
                Century of Aviation Reauthorization Act (Public Law 
                108-176, 117 Stat. 2568) does not apply to the advanced 
                passenger prescreening system established under 
                subparagraph (C).
                  (G) Appeal procedures.--
                          (i) Establishment.--The Administrator shall 
                        establish a timely and fair process for 
                        individuals identified as a threat under one or 
                        more of subparagraphs (C), (D), and (E) to 
                        appeal to the Transportation Security 
                        Administration the determination and correct 
                        erroneous information.
                          (ii) Maintenance of record of misidentified 
                        individuals.--The process shall include the 
                        establishment of a method by which the 
                        Administrator will be able to maintain a record 
                        of air passengers and other individuals who 
                        have been misidentified and have corrected 
                        erroneous information. To prevent repeated 
                        delays of misidentified passengers and other 
                        individuals, the Transportation Security 
                        Administration record shall contain information 
                        determined by the Administrator to authenticate 
                        the identity of such a passenger or individual.
  (k) Limitation on Liability for Acts To Thwart Criminal Violence or 
Aircraft Piracy.--An individual is not liable for damages in an action 
brought in a Federal or State court arising out of the acts of the 
individual in attempting to thwart an act of criminal violence or 
piracy on an aircraft if that individual reasonably believed that an 
act of criminal violence or piracy was occurring or was about to occur.
  (l) Air Charter Program.--
          (1) In general.--The Secretary shall implement an aviation 
        security program for charter air carriers with a maximum 
        certificated takeoff weight of more than 12,500 pounds.
          (2) Exemption for armed forces charters.--
                  (A) Definition of armed forces.--In this paragraph, 
                the term ``armed forces'' has the meaning given the 
                term in section 101(a)(4) of title 10.
                  (B) In general.--Paragraph (1) and the other 
                requirements of this chapter do not apply to passengers 
                and property carried by aircraft when employed to 
                provide charter transportation to members of the armed 
                forces.
                  (C) Security procedures.--The Secretary of Defense, 
                in consultation with the Secretary and the Secretary of 
                Transportation, shall establish security procedures 
                relating to the operation of aircraft when employed to 
                provide charter transportation to members of the armed 
                forces to or from an airport described in subsection 
                (c).
  (m) Security Screening for Members of the Armed Forces.--
          (1) In general.--The Administrator, in consultation with the 
        Department of Defense, shall develop and implement a plan to 
        provide expedited security screening services for a member of 
        the armed forces, and, to the extent possible, an accompanying 
        family member, if the member of the armed forces, while in 
        uniform, presents documentation indicating official orders for 
        air transportation departing from a primary airport (as defined 
        in section 47102 of title 49).
          (2) Protocols.--In developing the plan, the Administrator 
        shall consider--
                  (A) leveraging existing security screening models 
                used to reduce passenger wait times;
                  (B) establishing standard guidelines for the 
                screening of military uniform items, including combat 
                boots; and
                  (C) incorporating new screening protocols into an 
                existing trusted passenger program, as established 
                under section 109(a)(3) of the Aviation and 
                Transportation Security Act (Public Law 107-71, 115 
                Stat. 613), or into the development of a new credential 
                or system that incorporates biometric technology and 
                other applicable technologies to verify the identity of 
                individuals traveling in air transportation.
          (3) Rule of construction.--Nothing in this subsection affects 
        the authority of the Administrator to require additional 
        screening of a member of the armed forces if intelligence or 
        law enforcement information indicates that additional screening 
        is necessary.
          (4) Report.--The Administrator shall submit to the 
        appropriate committees of Congress a report on the 
        implementation of the plan.
  (n) Passenger Exit Points From Sterile Area.--
          (1) Definition of sterile area.--In this subsection, the term 
        ``sterile area'' has the meaning given the term in section 
        1540.5 of title 49, Code of Federal Regulations or any 
        corresponding similar regulation or ruling.
          (2) In general.--The Secretary shall ensure that the 
        Transportation Security Administration is responsible for 
        monitoring passenger exit points from the sterile area of 
        airports at which the Transportation Security Administration 
        provided the monitoring as of December 1, 2013.
Sec. 40914. Domestic air transportation system security
  (a) Assessing Threats.--The Administrator and the Director of the 
Federal Bureau of Investigation jointly shall assess current and 
potential threats to the domestic air transportation system. The 
assessment shall include consideration of the extent to which there are 
individuals with the capability and intent to carry out terrorist or 
related unlawful acts against that system and the ways in which those 
individuals might carry out those acts. The Administrator and the 
Director jointly shall decide on and carry out the most effective 
method for continuous analysis and monitoring of security threats to 
that system.
  (b) Assessing Security.--In coordination with the Director of the 
Federal Bureau of Investigation, the Administrator shall carry out 
periodic threat and vulnerability assessments on security at each 
airport that is part of the domestic air transportation system. Each 
assessment shall include consideration of--
          (1) the adequacy of security procedures related to the 
        handling and transportation of checked baggage and cargo;
          (2) space requirements for security personnel and equipment;
          (3) separation of screened and unscreened passengers, 
        baggage, and cargo;
          (4) separation of the controlled and uncontrolled areas of 
        airport facilities; and
          (5) coordination of the activities of security personnel of 
        the Transportation Security Administration, U.S. Customs and 
        Border Protection, U.S. Immigration and Customs Enforcement, 
        and air carriers, and of other law enforcement personnel.
  (c) Modal Security Plan for Aviation.--In addition to the 
requirements set forth in paragraphs (2) through (6) of section 
11314(c) of this title, the modal security plan for aviation prepared 
under section 11314 shall--
          (1) establish a damage mitigation and recovery plan for the 
        aviation system in the event of a terrorist attack; and
          (2) include a threat matrix document that outlines each 
        threat to the United States civil aviation system and the 
        corresponding layers of security in place to address the 
        threat.
  (d) Operational Criteria.--The Administrator shall issue operational 
criteria to protect airport infrastructure and operations against the 
threats identified in the plans prepared under 11314(a) of this title 
and shall approve best practices guidelines for airport assets.
  (e) Improving Security.--The Administrator shall take necessary 
actions to improve domestic air transportation security by correcting 
deficiencies in that security discovered in the assessments, analyses, 
and monitoring carried out under this section.
Sec. 40915. Information about threats to civil aviation
  (a) Providing Information.--Under guidelines the Secretary 
prescribes, an air carrier, airport operator, ticket agent, or 
individual employed by an air carrier, airport operator, or ticket 
agent, receiving information (except a communication directed by the 
United States Government) about a threat to civil aviation shall 
provide the information promptly to the Secretary.
  (b) Flight Cancellation.--If a decision is made that a particular 
threat cannot be addressed in a way adequate to ensure, to the extent 
feasible, the safety of passengers and crew of a particular flight or 
series of flights, the Administrator shall cancel the flight or series 
of flights.
  (c) Guidelines on Public Notice.--
          (1) In general.--The President shall develop guidelines for 
        ensuring that public notice is provided in appropriate cases 
        about threats to civil aviation. The guidelines shall identify 
        officials responsible for--
                  (A) deciding, on a case-by-case basis, if public 
                notice of a threat is in the best interest of the 
                United States and the traveling public;
                  (B) ensuring that public notice is provided in a 
                timely and effective way, including the use of a toll-
                free telephone number; and
                  (C) canceling the departure of a flight or series of 
                flights under subsection (b).
          (2) Contents.--The guidelines shall provide for consideration 
        of--
                  (A) the specificity of the threat;
                  (B) the credibility of intelligence information 
                related to the threat;
                  (C) the ability to counter the threat effectively;
                  (D) the protection of intelligence information 
                sources and methods;
                  (E) cancellation, by an air carrier or the 
                Administrator, of a flight or series of flights instead 
                of public notice;
                  (F) the ability of passengers and crew to take steps 
                to reduce the risk to their safety after receiving 
                public notice of a threat; and
                  (G) other factors the Administrator considers 
                appropriate.
  (d) Guidelines on Notice to Crews.--The Administrator shall develop 
guidelines for ensuring that notice in appropriate cases of threats to 
the security of an air carrier flight is provided to the flight crew 
and cabin crew of that flight.
  (e) Limitation on Notice to Selective Travelers.--Notice of a threat 
to civil aviation may be provided to selective potential travelers only 
if the threat applies only to those travelers.
  (f) Restricting Access to Information.--In cooperation with the 
departments, agencies, and instrumentalities of the Government that 
collect, receive, and analyze intelligence information related to 
aviation security, the Administrator shall develop procedures to 
minimize the number of individuals who have access to information about 
threats. However, a restriction on access to that information may be 
imposed only if the restriction does not diminish the ability of the 
Government to carry out its duties and powers related to aviation 
security effectively, including providing notice to the public and 
flight and cabin crews under this section.
  (g) Distribution of Guidelines.--The guidelines developed under this 
section shall be distributed for use by appropriate officials of the 
Department of Transportation, the Department of State, the Department 
of Justice, and air carriers.
Sec. 40916. Foreign air carrier security programs
  The Administrator shall continue in effect the requirement of section 
129.25 of title 14, Code of Federal Regulations, that a foreign air 
carrier must adopt and use a security program approved by the 
Administrator. The Administrator shall not approve a security program 
of a foreign air carrier under section 129.25 of title 14, Code of 
Federal Regulations, or a successor regulation, unless the security 
program requires the foreign air carrier in its operations to and from 
airports in the United States to adhere to the identical security 
measures that the Administrator requires air carriers serving the same 
airports to adhere to. The foregoing requirement shall not be 
interpreted to limit the ability of the Administrator to impose 
additional security measures on a foreign air carrier or an air carrier 
when the Administrator determines that a specific threat warrants 
additional measures. The Administrator shall prescribe regulations to 
carry out this section.
Sec. 40917. Security standards at foreign airports
  (a) Assessment.--
          (1) In general.--At intervals the Secretary considers 
        necessary, the Secretary shall assess the effectiveness of the 
        security measures maintained at--
                  (A) a foreign airport--
                          (i) served by an air carrier;
                          (ii) from which a foreign air carrier serves 
                        the United States; or
                          (iii) that poses a high risk of introducing 
                        danger to international air travel; and
                  (B) other foreign airports the Secretary considers 
                appropriate.
          (2) Means of assessment.--The Secretary shall conduct an 
        assessment under paragraph (1)--
                  (A) in consultation with appropriate aeronautic 
                authorities of the government of a foreign country 
                concerned and each air carrier serving the foreign 
                airport for which the Secretary is conducting the 
                assessment;
                  (B) to establish the extent to which a foreign 
                airport effectively maintains and carries out security 
                measures; and
                  (C) by using a standard that will result in an 
                analysis of the security measures at the airport based 
                at least on the standards and appropriate recommended 
                practices contained in Annex 17 to the Convention on 
                International Civil Aviation in effect on the date of 
                the assessment.
          (3) Report.--Each report to Congress required under section 
        40956(b) of this title shall contain a summary of the 
        assessments conducted under this subsection.
  (b) Consultation.--In carrying out subsection (a), the Secretary 
shall consult with the Secretary of State--
          (1) on the terrorist threat that exists in each country; and
          (2) to establish which foreign airports are not under the de 
        facto control of the government of the foreign country in which 
        they are located and pose a high risk of introducing danger to 
        international air travel.
  (c) Notifying Foreign Authorities.--When the Secretary, after 
conducting an assessment under subsection (a), decides that an airport 
does not maintain and carry out effective security measures, the 
Secretary, after advising the Secretary of State, shall notify the 
appropriate authorities of the government of the foreign country of the 
decision and recommend the steps necessary to bring the security 
measures in use at the airport up to the standard used by the Secretary 
in making the assessment.
  (d) Actions When Airports Not Maintaining and Carrying Out Effective 
Security Measures.--
          (1) Identification of airport.--When the Secretary decides 
        under this section that an airport does not maintain and carry 
        out effective security measures--
                  (A) the Secretary shall--
                          (i) publish the identity of the airport in 
                        the Federal Register;
                          (ii) have the identity of the airport posted 
                        and displayed prominently at all United States 
                        airports at which scheduled air carrier 
                        operations are provided regularly; and
                          (iii) notify the news media of the identity 
                        of the airport;
                  (B) each air carrier and foreign air carrier 
                providing transportation between the United States and 
                the airport shall provide written notice of the 
                decision, on or with the ticket, to each passenger 
                buying a ticket for transportation between the United 
                States and the airport;
                  (C) notwithstanding section 40105(b) of title 49, the 
                Secretary, after consulting with the appropriate 
                aeronautic authorities of the foreign country concerned 
                and each air carrier serving the airport and with the 
                approval of the Secretary of State, may withhold, 
                revoke, or prescribe conditions on the operating 
                authority of an air carrier or foreign air carrier that 
                uses that airport to provide foreign air 
                transportation; and
                  (D) the President may prohibit an air carrier or 
                foreign air carrier from providing transportation 
                between the United States and any other foreign airport 
                that is served by aircraft flying to or from the 
                airport with respect to which a decision is made under 
                this section.
          (2) Effectiveness.--
                  (A) In general.--Paragraph (1) becomes effective--
                          (i) 90 days after the government of a foreign 
                        country is notified under subsection (c) if the 
                        Secretary finds that the government has not 
                        brought the security measures at the airport up 
                        to the standard the Secretary used in making an 
                        assessment under subsection (a); or
                          (ii) immediately on the decision of the 
                        Secretary under subsection (c) if the Secretary 
                        decides, after consulting with the Secretary of 
                        State, that a condition exists that threatens 
                        the safety or security of passengers, aircraft, 
                        or crew traveling to or from the airport.
                  (B) State department notice.--The Secretary 
                immediately shall notify the Secretary of State of a 
                decision under subparagraph (A)(ii) of this paragraph 
                so that the Secretary of State may issue a travel 
                advisory required under section 40918(a) of this title.
          (3) Report to congress.--The Secretary promptly shall submit 
        to Congress a report (and classified annex if necessary) on 
        action taken under paragraph (1) or (2), including information 
        on attempts made to obtain the cooperation of the government of 
        a foreign country in meeting the standard the Secretary used in 
        assessing the airport under subsection (a).
          (4) Termination of action.--An action required under 
        paragraph (1)(A) and (B) is no longer required only if the 
        Secretary, in consultation with the Secretary of State, decides 
        that effective security measures are maintained and carried out 
        at the airport. The Secretary shall notify Congress when the 
        action is no longer required to be taken.
  (e) Suspensions.--Notwithstanding sections 40105(b) and 40106(b) of 
title 49, the Secretary, with the approval of the Secretary of State 
and without notice or a hearing, shall suspend the right of an air 
carrier or foreign air carrier to provide foreign air transportation, 
and the right of a person to operate aircraft in foreign air commerce, 
to or from a foreign airport when the Secretary decides that--
          (1) a condition exists that threatens the safety or security 
        of passengers, aircraft, or crew traveling to or from that 
        airport; and
          (2) the public interest requires an immediate suspension of 
        transportation between the United States and that airport.
  (f) Condition of Carrier Authority.--This section is a condition of 
authority the Secretary of Transportation grants under part A of 
subtitle VII of title 49 to an air carrier or foreign air carrier.
Sec. 40918. Travel advisory and suspension of foreign assistance
  (a) Travel Advisories.--On being notified by the Secretary that the 
Secretary has decided under section 40917(d)(2)(A)(ii) of this title 
that a condition exists that threatens the safety or security of 
passengers, aircraft, or crew traveling to or from a foreign airport 
that the Secretary has decided under section 40917 does not maintain 
and carry out effective security measures, the Secretary of State--
          (1) immediately shall issue a travel advisory for that 
        airport; and
          (2) shall publicize the advisory widely.
  (b) Suspending Assistance.--The President shall suspend assistance 
provided under the Foreign Assistance Act of 1961 (22 U.S.C. 2151 et 
seq.) or the Arms Export Control Act (22 U.S.C. 2751 et seq.) to a 
country in which is located an airport with respect to which section 
40917(d)(1) becomes effective if the Secretary of State decides the 
country is a high terrorist threat country. The President may waive 
this subsection if the President decides, and reports to Congress, that 
the waiver is required because of national security interests or a 
humanitarian emergency.
  (c) Actions No Longer Required.--An action required under this 
section is no longer required only if the Secretary has made a decision 
as provided under section 40917(d)(4) of this title. The Secretary 
shall notify Congress when the action is no longer required to be 
taken.
Sec. 40919. Passenger manifests
  (a) Air Carrier Requirements.--
          (1) In general.--The Secretary shall require each air carrier 
        to provide a passenger manifest for a flight to an appropriate 
        representative of the Secretary of State--
                  (A) not later than 1 hour after that carrier is 
                notified of an aviation disaster outside the United 
                States involving that flight; or
                  (B) if it is not technologically feasible or 
                reasonable to comply with clause (A) of this paragraph, 
                then as expeditiously as possible, but not later than 3 
                hours after the carrier is so notified.
          (2) Contents.--The passenger manifest should include the 
        following information:
                  (A) The full name of each passenger.
                  (B) The passport number of each passenger, if 
                required for travel.
                  (C) The name and telephone number of a contact for 
                each passenger.
          (3) Consideration of requirement to collect information.--In 
        carrying out this subsection, the Secretary shall consider the 
        necessity and feasibility of requiring air carriers to collect 
        passenger manifest information as a condition for passengers 
        boarding a flight of the carrier.
  (b) Foreign Air Carrier Requirements.--The Secretary shall consider 
imposing a requirement on foreign air carriers comparable to that 
imposed on air carriers under subsection (a)(1) and (2).
  (c) Flights in Foreign Air Transportation to the United States.--
          (1) In general.--Each air carrier and foreign air carrier 
        operating a passenger flight in foreign air transportation to 
        the United States shall provide to the Commissioner of U.S. 
        Customs and Border Protection by electronic transmission a 
        passenger and crew manifest containing the information 
        specified in paragraph (2). Carriers may use the advanced 
        passenger information system to provide the information.
          (2) Contents.--A passenger and crew manifest for a flight 
        required under paragraph (1) shall contain the following 
        information:
                  (A) The full name of each passenger and crew member.
                  (B) The date of birth and citizenship of each 
                passenger and crew member.
                  (C) The sex of each passenger and crew member.
                  (D) The passport number and country of issuance of 
                each passenger and crew member if required for travel.
                  (E) The United States visa number or resident alien 
                card number of each passenger and crew member, as 
                applicable.
                  (F) Other information the Administrator, in 
                consultation with the Commissioner of U.S. Customs and 
                Border Protection, determines is reasonably necessary 
                to ensure aviation safety.
          (3) Passenger name records.--The carriers shall make 
        passenger name record information available to U. S. Customs 
        and Border Protection on request.
          (4) Transmission of manifest.--Subject to paragraphs (5) and 
        (6), a passenger and crew manifest required for a flight under 
        paragraph (1) shall be transmitted to U. S. Customs and Border 
        Protection in advance of the aircraft landing in the United 
        States in the manner, time, and form U.S. Customs and Border 
        Protection prescribes.
          (5) Transmission of manifests to other federal agencies.--On 
        request, information provided to the Secretary or U. S. Customs 
        and Border Protection under this subsection may be shared with 
        other Federal agencies for the purpose of protecting national 
        security
          (6) Prescreening international passengers.--
                  (A) In general.--The Secretary, or the designee of 
                the Secretary, shall issue a notice of proposed 
                rulemaking that will allow the Department to compare 
                passenger information for an international flight to or 
                from the United States against the consolidated and 
                integrated terrorist watchlist maintained by the 
                Federal Government before departure of the flight.
                  (B) Appeal procedures.--
                          (i) Establishment.--The Secretary shall 
                        establish a timely and fair process for 
                        individuals identified as a threat under 
                        subparagraph (A) to appeal to the Department 
                        the determination and correct erroneous 
                        information.
                          (ii) Record of misidentified individuals.--
                        The process shall include the establishment of 
                        a method by which the Secretary will be able to 
                        maintain a record of air passengers and other 
                        individuals who have been misidentified and 
                        have corrected erroneous information. To 
                        prevent repeated delays of misidentified 
                        passengers and other individuals, the 
                        Department record shall contain information 
                        determined by the Secretary to authenticate the 
                        identity of such a passenger or individual.
Sec. 40920. Agreements on aircraft sabotage, aircraft hijacking, and 
                    airport security
  The Secretary of State shall seek multilateral and bilateral 
agreement on strengthening enforcement measures and standards for 
compliance related to aircraft sabotage, aircraft hijacking, and 
airport security.
Sec. 40921. Intelligence
  (a) Definition of Intelligence Community.--In this section, 
``intelligence community'' means the intelligence and intelligence-
related activities of the following units of the United States 
Government:
          (1) Department of State.
          (2) Department of Defense.
          (3) Department of the Treasury.
          (4) Department of Energy.
          (5) Departments of the Army, Navy, and Air Force.
          (6) Central Intelligence Agency.
          (7) National Security Agency.
          (8) Defense Intelligence Agency.
          (9) Federal Bureau of Investigation.
          (10) Drug Enforcement Administration.
  (b) Policies and Procedures on Report Availability.--The head of each 
unit in the intelligence community shall prescribe policies and 
procedures to ensure that intelligence reports about terrorism are made 
available, as appropriate, to the heads of other units in the 
intelligence community, the Secretary, and the Administrator.
  (c) Unit for Strategic Planning on Terrorism.--The heads of the units 
in the intelligence community shall place greater emphasis on strategic 
intelligence efforts by establishing a unit for strategic planning on 
terrorism.
  (d) Designation of Intelligence Officer.--At the request of the 
Secretary, the Director of Central Intelligence shall designate at 
least one intelligence officer of the Central Intelligence Agency to 
serve in a senior position in the Office of the Secretary.
  (e) Written Working Agreements.--The heads of units in the 
intelligence community, the Secretary, and the Administrator shall 
review and, as appropriate, revise written working agreements between 
the intelligence community and the Administrator.
Sec. 40922. Research and development
  (a) Program Requirement.--
          (1) In general.--The Administrator shall establish and carry 
        out a program to accelerate and expand the research, 
        development, and implementation of technologies and procedures 
        to counteract terrorist acts against civil aviation. The 
        program shall provide for developing and having in place new 
        equipment and procedures necessary to meet the technological 
        challenges presented by terrorism. The program shall include 
        research on, and development of, technological improvements and 
        ways to enhance human performance.
          (2) Required actions.--In designing and carrying out the 
        program established under this subsection, the Administrator 
        shall--
                  (A) consult and coordinate activities with other 
                departments, agencies, and instrumentalities of the 
                United States Government doing similar research;
                  (B) identify departments, agencies, and 
                instrumentalities that would benefit from that 
                research; and
                  (C) seek cost-sharing agreements with those 
                departments, agencies, and instrumentalities.
          (3) Annual reports.--In carrying out the program established 
        under this subsection, the Administrator shall review and 
        consider the annual reports the Secretary submits to Congress 
        on transportation security and intelligence.
          (4) Designation of responsible individual.--
                  (A) In general.--In carrying out the program 
                established under this subsection, the Administrator 
                shall designate an individual to be responsible for 
                engineering, research, and development with respect to 
                security technology under the program.
                  (B) Decision-making.--The individual designated under 
                subparagraph (A) shall use appropriate systems 
                engineering and risk management models in making 
                decisions regarding the allocation of funds for 
                engineering, research, and development with respect to 
                security technology under the program.
                  (C) Annual report.--The individual designated under 
                subparagraph (A) shall, on an annual basis, submit to 
                the Research, Engineering and Development Advisory 
                Committee a report on activities under this paragraph 
                during the preceding year. Each report shall include, 
                for the year covered by the report, information on--
                          (i) progress made in engineering, research, 
                        and development with respect to security 
                        technology;
                          (ii) the allocation of funds for engineering, 
                        research, and development with respect to 
                        security technology; and
                          (iii) engineering, research, and development 
                        with respect to technologies drawn from other 
                        agencies, including the rationale for 
                        engineering, research, and development with 
                        respect to the technologies.
          (5) Grants.--The Administrator may--
                  (A) make grants to institutions of higher learning 
                and other appropriate research facilities with 
                demonstrated ability to carry out research described in 
                paragraph (1), and fix the amounts and terms of the 
                grants; and
                  (B) make cooperative agreements with governmental 
                authorities the Administrator decides are appropriate.
  (b) Review of Threats.--
          (1) In general.--The Administrator periodically shall review 
        threats to civil aviation, with particular focus on--
                  (A) a comprehensive systems analysis (employing 
                vulnerability analysis, threat attribute definition, 
                and technology roadmaps) of the civil aviation system, 
                including--
                          (i) the destruction, commandeering, or 
                        diversion of civil aircraft or the use of civil 
                        aircraft as a weapon; and
                          (ii) the disruption of civil aviation 
                        service, including by cyberattack;
                  (B) explosive material that presents the most 
                significant threat to civil aircraft;
                  (C) the minimum amounts, configurations, and types of 
                explosive material that can cause, or would reasonably 
                be expected to cause, catastrophic damage to aircraft 
                in air transportation;
                  (D) the amounts, configurations, and types of 
                explosive material that can be detected reliably by 
                existing, or reasonably anticipated, near-term 
                explosive detection technologies;
                  (E) the potential release of chemical, biological, or 
                similar weapons or devices either within an aircraft or 
                within an airport;
                  (F) the feasibility of using various ways to minimize 
                damage caused by explosive material that cannot be 
                detected reliably by existing, or reasonably 
                anticipated, near-term explosive detection 
                technologies;
                  (G) the ability to screen passengers, carry-on 
                baggage, checked baggage, and cargo; and
                  (H) the technologies that might be used in the future 
                to attempt to destroy or otherwise threaten commercial 
                aircraft and the way in which those technologies can be 
                countered effectively.
          (2) Program focus and priorities.--The Administrator shall 
        use the results of the review under this subsection to develop 
        the focus and priorities of the program established under 
        subsection (a).
  (c) Scientific Advisory Panel.--
          (1) Establishment.--The Administrator shall establish a 
        scientific advisory panel, as a subcommittee of the Research, 
        Engineering, and Development Advisory Committee, to review, 
        comment on, advise the progress of, and recommend modifications 
        in, the program established under subsection (a), including the 
        need for long-range research programs to detect and prevent 
        catastrophic damage to commercial aircraft, commercial aviation 
        facilities, commercial aviation personnel and passengers, and 
        other components of the commercial aviation system by the next 
        generation of terrorist weapons.
          (2) Panel members.--
                  (A) Qualifications.--The advisory panel shall consist 
                of individuals who have scientific and technical 
                expertise in--
                          (i) the development and testing of effective 
                        explosive detection systems;
                          (ii) aircraft structure and experimentation 
                        to decide on the type and minimum weights of 
                        explosives that an effective explosive 
                        detection technology must be capable of 
                        detecting;
                          (iii) technologies involved in minimizing 
                        airframe damage to aircraft from explosives; 
                        and
                          (iv) other scientific and technical areas the 
                        Administrator considers appropriate.
                  (B) Considerations.--In appointing individuals to the 
                advisory panel, the Administrator should consider 
                individuals from academia and the national 
                laboratories, as appropriate.
          (3) Organization as teams.--The Administrator shall organize 
        the advisory panel into teams capable of undertaking the review 
        of policies and technologies upon request.
          (4) Biennial review.--The Administrator shall review the 
        composition of the advisory panel every 2 years to ensure that 
        the expertise of the individuals on the panel is suited to the 
        current and anticipated duties of the panel.
Sec. 40923. Explosive detection
  (a) Deployment and Purchase of Equipment.--
          (1) In general.--A deployment or purchase of explosive 
        detection equipment under section 108.7(b)(8) or 108.20 of 
        title 14, Code of Federal Regulations, or similar regulation is 
        required only if the Administrator certifies that the equipment 
        alone, or as part of an integrated system, can detect under 
        realistic air carrier operating conditions the amounts, 
        configurations, and types of explosive material that would 
        likely be used to cause catastrophic damage to commercial 
        aircraft. The Administrator shall base the certification on the 
        results of tests conducted under protocols developed in 
        consultation with expert scientists outside of the 
        Transportation Security Administration.
          (2) Facilitating deployment.--Until the Administrator 
        determines that equipment certified under paragraph (1) is 
        commercially available and has successfully completed 
        operational testing as provided in paragraph (1), the 
        Administrator shall facilitate the deployment of approved 
        commercially available explosive detection devices the 
        Administrator determines will enhance aviation security 
        significantly. The Administrator shall require that equipment 
        deployed under this paragraph be replaced by equipment 
        certified under paragraph (1) when equipment certified under 
        paragraph (1) becomes commercially available. The 
        Administrator, based on operational considerations at 
        individual airports, may waive the required installation of 
        commercially available equipment under paragraph (1) in the 
        interests of aviation security. The Administrator may permit 
        the requirements of this paragraph to be met at airports by the 
        deployment of dogs or other appropriate animals to supplement 
        equipment for screening passengers, baggage, mail, or cargo for 
        explosives or weapons.
          (3) Purchases by Administrator.--This subsection does not 
        prohibit the Administrator from purchasing or deploying 
        explosive detection equipment described in paragraph (1).
  (b) Grants.--The Administrator may provide grants to continue the 
Explosive Detection K-9 Team Training Program to detect explosives at 
airports and on aircraft.
Sec. 40924. Airport construction guidelines
  In consultation with air carriers, airport authorities, and others 
the Administrator considers appropriate, the Administrator shall 
develop guidelines for airport design and construction to allow for 
maximum security enhancement. In developing the guidelines, the 
Administrator shall consider the results of the assessment carried out 
under section 40914(a) of this title.
Sec. 40925. Alaska exemptions
  The Administrator may exempt from sections 40911, 40913(a) through 
(c) and (e), 40916, 40953, and 40954 of this title airports in Alaska 
served only by air carriers that--
          (1) hold certificates issued under section 41102 of title 49;
          (2) operate aircraft with certificates for a maximum gross 
        takeoff weight of less than 12,500 pounds; and
          (3) board passengers, or load property intended to be carried 
        in an aircraft cabin, that will be screened under section 40911 
        of this title at another airport in Alaska before the 
        passengers board, or the property is loaded on, an aircraft for 
        a place outside Alaska.
Sec. 40926. Assessments and evaluations
  (a) Periodic Assessments.--The Administrator shall require each air 
carrier and airport (including the airport owner or operator in 
cooperation with the air carriers and vendors serving each airport) 
that provides for intrastate, interstate, or foreign air transportation 
to conduct periodic vulnerability assessments of the security systems 
of that air carrier or airport, respectively. The Transportation 
Security Administration shall perform periodic audits of the 
assessments.
  (b) Investigations.--The Administrator shall conduct periodic and 
unannounced inspections of security systems of airports and air 
carriers to determine the effectiveness and vulnerabilities of the 
systems. To the extent allowable by law, the Administrator may provide 
for anonymous tests of those security systems.
Sec. 40927. Federal air marshals and training of law enforcement 
                    personnel
  (a) In General.--The Administrator under the authority provided by 
section 40913(d) of this title--
          (1) may provide for deployment of Federal air marshals on 
        every passenger flight of air carriers in air transportation or 
        intrastate air transportation;
          (2) shall provide for deployment of Federal air marshals on 
        every flight determined by the Secretary to present high 
        security risks;
          (3) shall provide for appropriate training, supervision, and 
        equipment of Federal air marshals;
          (4) shall require air carriers providing flights described in 
        paragraph (1) to provide seating for a Federal air marshal on 
        the flight without regard to the availability of seats on the 
        flight and at no cost to the United States Government or the 
        marshal;
          (5) may require air carriers to provide, on a space-available 
        basis, to an off-duty Federal air marshal a seat on a flight to 
        the airport nearest the marshal's home at no cost to the 
        marshal or the United States Government if the marshal is 
        traveling to that airport after completing his or her security 
        duties;
          (6) may enter into agreements with Federal, State, and local 
        agencies under which appropriately trained law enforcement 
        personnel from the agencies, when traveling on a flight of an 
        air carrier, will carry a firearm and be prepared to assist 
        Federal air marshals;
          (7) shall establish procedures to ensure that Federal air 
        marshals are made aware of armed or unarmed law enforcement 
        personnel on board an aircraft; and
          (8) may appoint as a Federal air marshal, regardless of age 
        (if the individual otherwise meets the background and fitness 
        qualifications required for Federal air marshals)--
                  (A) an individual who is a retired law enforcement 
                officer; or
                  (B) an individual who is a retired member of the 
                armed forces.
  (b) Long Distance Flights.--In making the determination under 
subsection (a)(2), nonstop, long distance flights, such as those 
targeted on September 11, 2001, should be a priority.
  (c) Continuation of Initiatives To Protect Anonymity of Federal Air 
Marshals.--The Director of the Federal Air Marshal Service shall 
continue operational initiatives to protect the anonymity of Federal 
air marshals.
  (d) Training for Federal and Local Law Enforcement Personnel.--
          (1) Availability of information.--The Director of Immigration 
        and Customs Enforcement and the Director of the Federal Air 
        Marshal Service shall make available, as practicable, 
        appropriate information on in-flight counterterrorism and 
        weapons handling procedures and tactics training to Federal law 
        enforcement officers who fly while in possession of a firearm.
          (2) Identification of fraudulent documents.--The Director of 
        Immigration and Customs Enforcement and the Director of the 
        Federal Air Marshal Service, in coordination with the 
        Administrator, shall ensure that Transportation Security 
        Administration screeners and Federal air marshals receive 
        training in identifying fraudulent identification documents, 
        including fraudulent or expired visas and passports. The 
        training also shall be made available to other Federal law 
        enforcement agencies and local law enforcement agencies located 
        in a State that borders Canada or Mexico.
  (e) Training for Foreign Law Enforcement Personnel.--
          (1) In general.--The Director of Immigration and Customs 
        Enforcement, after consultation with the Secretary of State, 
        may direct the Federal Air Marshal Service to provide 
        appropriate air marshal training to law enforcement personnel 
        of foreign countries.
          (2) Watchlist screening.--The Federal Air Marshal Service may 
        only provide appropriate air marshal training to law 
        enforcement personnel of foreign countries after comparing the 
        identifying information and records of law enforcement 
        personnel of foreign countries against all appropriate records 
        in the consolidated and integrated terrorist watchlists 
        maintained by the Federal Government.
          (3) Fees.--The Director of Immigration and Customs 
        Enforcement shall establish reasonable fees and charges to pay 
        expenses incurred in carrying out this subsection. Funds 
        collected under this subsection shall be credited to the 
        account in the Treasury from which the expenses were incurred 
        and shall be available to the Director of Immigration and 
        Customs Enforcement for purposes for which amounts in the 
        account are available.
Sec. 40928. Crew training
  (a) Basic Security Training.--
          (1) In general.--Each air carrier providing scheduled 
        passenger air transportation shall carry out a training program 
        for flight and cabin crew members to prepare the crew members 
        for potential threat conditions.
          (2) Program elements.--An air carrier training program under 
        this subsection shall include, at a minimum, elements that 
        address each of the following:
                  (A) Recognizing suspicious activities and determining 
                the seriousness of an occurrence.
                  (B) Crew communication and coordination.
                  (C) The proper commands to give passengers and 
                attackers.
                  (D) Appropriate responses to defend oneself.
                  (E) Use of protective devices assigned to crew 
                members (to the extent devices are required by the 
                Administrator and the Administrator of the Federal 
                Aviation Administration).
                  (F) Psychology of terrorists to cope with hijacker 
                behavior and passenger responses.
                  (G) Situational training exercises regarding various 
                threat conditions.
                  (H) Flight deck procedures or aircraft maneuvers to 
                defend the aircraft and cabin crew responses to the 
                procedures and maneuvers.
                  (I) The proper conduct of a cabin search, including 
                explosive device recognition.
                  (J) Other subject matter considered appropriate by 
                the Administrator.
          (3) Approval.--An air carrier training program under this 
        subsection shall be subject to approval by the Administrator.
          (4) Minimum standards.--The Administrator may establish 
        minimum standards for the training provided under this 
        subsection and for recurrent training.
          (5) Programs to continue in effect.--Notwithstanding 
        paragraphs (3) and (4), a training program of an air carrier to 
        prepare flight and cabin crew members for potential threat 
        conditions that was approved by the Administrator of the 
        Federal Aviation Administration or the Administrator before 
        December 12, 2003, may continue in effect until disapproved or 
        ordered modified by the Administrator.
          (6) Monitoring.--The Administrator, in consultation with the 
        Administrator of the Federal Aviation Administration, shall 
        monitor air carrier training programs under this subsection and 
        periodically shall review an air carrier's training program to 
        ensure that the program is adequately preparing crew members 
        for potential threat conditions. In determining when an air 
        carrier's training program should be reviewed under this 
        paragraph, the Administrator shall consider complaints from 
        crew members. The Administrator shall ensure that employees 
        responsible for monitoring the training programs have the 
        necessary resources and knowledge.
          (7) Updates.--The Administrator, in consultation with the 
        Administrator of the Federal Aviation Administration, shall 
        order air carriers to modify training programs under this 
        subsection to reflect new or different security threats.
  (b) Advanced Self-Defense Training.--
          (1) In general.--The Administrator shall develop and provide 
        a voluntary training program for flight and cabin crew members 
        of air carriers providing scheduled passenger air 
        transportation.
          (2) Program elements.--The training program under this 
        subsection shall include both classroom and effective hands-on 
        training in the following elements of self-defense:
                  (A) Deterring a passenger who might present a threat.
                  (B) Advanced control, striking, and restraint 
                techniques.
                  (C) Training to defend oneself against edged or 
                contact weapons.
                  (D) Methods to subdue and restrain an attacker.
                  (E) Use of available items aboard the aircraft for 
                self-defense.
                  (F) Appropriate and effective responses to defend 
                oneself, including the use of force against an 
                attacker.
                  (G) Other elements of training that the Administrator 
                considers appropriate.
          (3) Participation not required.--A crew member shall not be 
        required to participate in the training program under this 
        subsection.
          (4) Compensation.--Neither the Federal Government nor an air 
        carrier shall be required to compensate a crew member for 
        participating in the training program under this subsection.
          (5) Fees.--A crew member is not required to pay a fee for the 
        training program under this subsection.
          (6) Consultation.--In developing the training program under 
        this subsection, the Administrator shall consult with law 
        enforcement personnel and security experts who have expertise 
        in self-defense training, terrorism experts, representatives of 
        air carriers, the director of self-defense training in the 
        Federal Air Marshal Service, flight attendants, labor 
        organizations representing flight attendants, and educational 
        institutions offering law enforcement training programs.
          (7) Designation of transportation security administration 
        official.--The Administrator shall designate an official in the 
        Transportation Security Administration to be responsible for 
        implementing the training program under this subsection. The 
        official shall consult with air carriers and labor 
        organizations representing crew members before implementing the 
        program to ensure that it is appropriate for situations that 
        may arise on board an aircraft during a flight.
  (c) Limitation.--Actions by crew members under this section shall be 
subject to the provisions of section 40913(k) of this title.
Sec. 40929. Security screening program
  (a) In General.--An operator of an airport may submit to the 
Administrator an application to have the screening of passengers and 
property at the airport under section 40911 of this title be carried 
out by the screening personnel of a qualified private screening company 
under a contract entered into with the Administrator.
  (b) Approval of Applications.--
          (1) In general.--Not later than 120 days after the date of 
        receipt of an application submitted by an airport operator 
        under subsection (a), the Administrator shall approve or deny 
        the application.
          (2) Standards.--The Administrator shall approve an 
        application submitted by an airport operator under subsection 
        (a) if the Administrator determines that the approval would not 
        compromise security or detrimentally affect the cost-efficiency 
        or the effectiveness of the screening of passengers or property 
        at the airport.
          (3) Reports on denials of applications.--
                  (A) In general.--If the Administrator denies an 
                application submitted by an airport operator under 
                subsection (a), the Administrator shall provide to the 
                airport operator, not later than 60 days following the 
                date of the denial, a written report that sets forth--
                          (i) the findings that served as the basis for 
                        the denial;
                          (ii) the results of cost or security analysis 
                        conducted in considering the application; and
                          (iii) recommendations on how the airport 
                        operator can address the reasons for the 
                        denial.
                  (B) Submission to congress.--The Administrator shall 
                submit to the Committee on Commerce, Science, and 
                Transportation of the Senate and the Committee on 
                Homeland Security of the House of Representatives a 
                copy of a report provided to an airport operator under 
                subparagraph (A).
  (c) Qualified Private Screening Company.--A private screening company 
is qualified to provide screening services at an airport under this 
section if the company will only employ individuals to provide the 
services who meet all the requirements of this chapter applicable to 
Federal Government personnel who perform screening services at airports 
under this chapter and will provide compensation and other benefits to 
the individuals that are not less than the level of compensation and 
other benefits provided to the Federal Government personnel in 
accordance with this chapter.
  (d) Standards for Private Screening Companies.--
          (1) In general.--The Administrator may enter into a contract 
        with a private screening company to provide screening at an 
        airport under this section only if the Administrator determines 
        and certifies to Congress that--
                  (A) the level of screening services and protection 
                provided at the airport under the contract will be 
                equal to or greater than the level that would be 
                provided at the airport by Federal Government personnel 
                under this chapter; and
                  (B) the private screening company is owned and 
                controlled by a citizen of the United States, to the 
                extent that the Administrator determines that there are 
                private screening companies owned and controlled by 
                citizens of the United States.
          (2) Waivers.--The Administrator may waive the requirement of 
        paragraph (1)(B) for a company that is a United States 
        subsidiary with a parent company that has implemented a foreign 
        ownership, control, or influence mitigation plan that has been 
        approved by the Defense Security Service of the Department of 
        Defense prior to the submission of the application. The 
        Administrator has complete discretion to reject any application 
        from a private screening company that requires a waiver under 
        this paragraph to provide screening services at an airport.
  (e) Supervision of Screened Personnel.--The Administrator shall 
provide Federal Government supervisors to oversee all screening at each 
airport at which screening services are provided under this section and 
provide Federal Government law enforcement officers at the airport 
pursuant to this chapter.
  (f) Termination of Contracts.--The Administrator may terminate a 
contract entered into with a private screening company to provide 
screening services at an airport under this section if the 
Administrator finds that the company has failed repeatedly to comply 
with a standard, regulation, directive, order, law, or contract 
applicable to the hiring or training of personnel to provide services 
or to the provision of screening at the airport.
  (g) Operator Not Liable.--An operator of an airport is not liable for 
a claim for damages filed in State or Federal court (including a claim 
for compensatory, punitive, contributory, or indemnity damages) 
relating to--
          (1) the airport operator's decision--
                  (A) to submit an application to the Administrator 
                under subsection (a) or former section 44919 of title 
                49; or
                  (B) not to submit an application; and
          (2) an act of negligence, gross negligence, or intentional 
        wrongdoing by--
                  (A) a qualified private screening company or its 
                employees in a case in which the qualified private 
                screening company is acting under a contract entered 
                into with the Secretary or the Secretary's designee; or
                  (B) employees of the Federal Government providing 
                passenger and property security screening services at 
                the airport.
  (h) Recommendations of Airport Operator.--As part of any submission 
of an application for a private screening company to provide screening 
services at an airport, the airport operator shall provide to the 
Administrator a recommendation as to which company would best serve the 
security screening and passenger needs of the airport, along with a 
statement explaining the basis of the operator's recommendation.
  (i) Operator Liability.--Nothing in this section shall relieve an 
airport operator from liability for its own acts or omissions related 
to its security responsibilities. Except as may be provided by 
subchapter IV of chapter 105 of this title, nothing in this section 
shall relieve a qualified private screening company or its employees 
from liability related to its own acts of negligence, gross negligence, 
or intentional wrongdoing.
Sec. 40930. Federal flight deck officer program
  (a) Definitions.--In this section:
          (1) Air transportation.--The term ``air transportation'' 
        includes all-cargo air transportation.
          (2) Pilot.--The term ``pilot'' means an individual who has 
        final authority and responsibility for the operation and safety 
        of the flight or another flight deck crew member.
  (b) Exemption.--This section does not apply to air carriers operating 
under part 135 of title 14, Code of Federal Regulations, and to pilots 
employed by the carriers to the extent that the carriers and pilots are 
covered by section 135.119 of title 14 or a successor to that section.
  (c) Establishment.--The Administrator shall establish a program to 
deputize volunteer pilots of air carriers providing air transportation 
or intrastate air transportation as Federal law enforcement officers to 
defend the flight decks of aircraft of air carriers against acts of 
criminal violence or air piracy. The officers shall be known as 
``Federal flight deck officers''.
  (d) Procedural Requirements.--
          (1) In general.--The Administrator shall establish procedural 
        requirements to carry out the program under this section.
          (2) Commencement of program.--The Administrator shall 
        undertake the process of training and deputizing pilots who are 
        qualified to be Federal flight deck officers as Federal flight 
        deck officers under the program.
          (3) Issues to be addressed.--The procedural requirements 
        established under paragraph (1) shall address the following 
        issues:
                  (A) The type of firearm to be used by a Federal 
                flight deck officer.
                  (B) The type of ammunition to be used by a Federal 
                flight deck officer.
                  (C) The standards and training needed to qualify and 
                requalify as a Federal flight deck officer.
                  (D) The placement of the firearm of a Federal flight 
                deck officer on board the aircraft to ensure both its 
                security and its ease of retrieval in an emergency.
                  (E) An analysis of the risk of catastrophic failure 
                of an aircraft as a result of the discharge (including 
                an accidental discharge) of a firearm to be used in the 
                program into the avionics, electrical systems, or other 
                sensitive areas of the aircraft.
                  (F) The division of responsibility between pilots in 
                the event of an act of criminal violence or air piracy 
                if only one pilot is a Federal flight deck officer and 
                if both pilots are Federal flight deck officers.
                  (G) Procedures for ensuring that the firearm of a 
                Federal flight deck officer does not leave the cockpit 
                if there is a disturbance in the passenger cabin of the 
                aircraft or if the pilot leaves the cockpit for 
                personal reasons.
                  (H) Interaction between a Federal flight deck officer 
                and a Federal air marshal on board the aircraft.
                  (I) The process for selection of pilots to 
                participate in the program based on their fitness to 
                participate in the program, including whether an 
                additional background check should be required beyond 
                that required by section 40954(a)(1) of this title.
                  (J) Storage and transportation of firearms between 
                flights, including international flights, to ensure the 
                security of the firearms, focusing particularly on 
                whether security would be enhanced by requiring storage 
                of the firearm at the airport when the pilot leaves the 
                airport to remain overnight away from the pilot's base 
                airport.
                  (K) Methods for ensuring that security personnel will 
                be able to identify whether a pilot may carry a firearm 
                under the program.
                  (L) Methods for ensuring that pilots (including 
                Federal flight deck officers) will be able to identify 
                whether a passenger is a law enforcement officer who 
                may carry a firearm aboard the aircraft.
                  (M) Other issues that the Administrator considers 
                necessary.
          (4) Preference.--In selecting pilots to participate in the 
        program, the Administrator shall give preference to pilots who 
        are former military or law enforcement personnel.
          (5) Classified information.--Notwithstanding section 552 of 
        title 5 but subject to section 40119 of title 49, information 
        developed under paragraph (3)(E) shall not be disclosed.
          (6) Notice to congress.--The Administrator shall provide 
        notice to the Committee on Transportation and Infrastructure of 
        the House of Representatives and the Committee on Commerce, 
        Science, and Transportation of the Senate after completing the 
        analysis required by paragraph (3)(E).
          (7) Minimization of risk.--If the Administrator determines as 
        a result of the analysis under paragraph (3)(E) that there is a 
        significant risk of the catastrophic failure of an aircraft as 
        a result of the discharge of a firearm, the Administrator shall 
        take necessary actions to minimize that risk.
          (8) Review standard.--The Administrator's decisions regarding 
        the methods for implementing each of the procedural 
        requirements specified in paragraph (3) shall be subject to 
        review only for abuse of discretion.
  (e) Training, Supervision, and Equipment.--
          (1) In general.--The Administrator shall only be obligated to 
        provide the training, supervision, and equipment necessary for 
        a pilot to be a Federal flight deck officer under this section 
        at no expense to the pilot or the air carrier employing the 
        pilot.
          (2) Training.--
                  (A) In general.--The Administrator shall base the 
                requirements for the training of Federal flight deck 
                officers under subsection (d) on the training standards 
                applicable to Federal air marshals, except that the 
                Administrator shall take into account the differing 
                roles and responsibilities of Federal flight deck 
                officers and Federal air marshals.
                  (B) Elements.--The training of a Federal flight deck 
                officer shall include, at a minimum--
                          (i) training to ensure that the officer 
                        achieves the level of proficiency with a 
                        firearm required under subparagraph (C)(i);
                          (ii) training to ensure that the officer 
                        maintains exclusive control over the officer's 
                        firearm at all times, including training in 
                        defensive maneuvers; and
                          (iii) training to assist the officer in 
                        determining when it is appropriate to use the 
                        officer's firearm and when it is appropriate to 
                        use less than lethal force.
                  (C) Training in use of firearms.--
                          (i) Level of proficiency.--To be deputized as 
                        a Federal flight deck officer, a pilot must 
                        achieve a level of proficiency with a firearm 
                        that is required by the Administrator. The 
                        level shall be comparable to the level of 
                        proficiency required of Federal air marshals.
                          (ii) Training by administrator or firearms 
                        training facility.--The training of a Federal 
                        flight deck officer in the use of a firearm may 
                        be conducted by the Administrator or by a 
                        firearms training facility approved by the 
                        Administrator.
                          (iii) Requalification.--The Administrator 
                        shall require a Federal flight deck officer to 
                        requalify to carry a firearm under the program. 
                        The requalification shall occur at an interval 
                        required by the Administrator.
  (f) Deputization.--
          (1) In general.--The Administrator may deputize, as a Federal 
        flight deck officer under this section, a pilot who submits to 
        the Administrator a request to be such an officer and who the 
        Administrator determines is qualified to be such an officer.
          (2) Qualification.--A pilot is qualified to be a Federal 
        flight deck officer under this section if--
                  (A) the pilot is employed by an air carrier;
                  (B) the Administrator determines that the pilot meets 
                the standards established by the Administrator for 
                being a Federal flight deck officer; and
                  (C) the Administrator determines that the pilot has 
                completed the training required by the Administrator.
          (3) Deputization by other federal agencies.--The 
        Administrator may request another Federal agency to deputize, 
        as Federal flight deck officers under this section, pilots that 
        the Administrator determines are qualified to be Federal flight 
        deck officers.
          (4) Revocation.--The Administrator may revoke the 
        deputization of a pilot as a Federal flight deck officer if the 
        Administrator finds that the pilot is no longer qualified to be 
        a Federal flight deck officer.
  (g) Compensation.--Pilots participating in the program under this 
section shall not be eligible for compensation from the Federal 
Government for services provided as a Federal flight deck officer. The 
Federal Government and air carriers shall not be obligated to 
compensate a pilot for participating in the program or for the pilot's 
training or qualification and requalification to carry firearms under 
the program.
  (h) Authority To Carry Firearms.--
          (1) In general.--The Administrator shall authorize a Federal 
        flight deck officer to carry a firearm while engaged in 
        providing air transportation or intrastate air transportation. 
        Notwithstanding subsection (e)(1), the officer may purchase a 
        firearm and carry that firearm aboard an aircraft of which the 
        officer is the pilot under this section if the firearm is of a 
        type that may be used under the program.
          (2) Preemption.--Notwithstanding any other provision of 
        Federal or State law, a Federal flight deck officer, whenever 
        necessary to participate in the program, may carry a firearm in 
        a State and from one State to another State.
          (3) Carrying firearms outside united states.--In consultation 
        with the Secretary of State, the Administrator may take 
        necessary action to ensure that a Federal flight deck officer 
        may carry a firearm in a foreign country whenever necessary to 
        participate in the program.
  (i) Authority To Use Force.--Notwithstanding section 40913(d) of this 
title, the Administrator shall prescribe the standards and 
circumstances under which a Federal flight deck officer may use, while 
the program under this section is in effect, force (including lethal 
force) against an individual in the defense of the flight deck of an 
aircraft in air transportation or intrastate air transportation.
  (j) Limitation on Liability.--
          (1) Air carriers.--An air carrier is not liable for damages 
        in an action brought in a Federal or State court arising out of 
        a Federal flight deck officer's use of or failure to use a 
        firearm.
          (2) Federal flight deck officers.--A Federal flight deck 
        officer is not liable for damages in an action brought in a 
        Federal or State court arising out of the acts or omissions of 
        the officer in defending the flight deck of an aircraft against 
        acts of criminal violence or air piracy unless the officer is 
        guilty of gross negligence or willful misconduct.
          (3) Federal government.--For purposes of an action against 
        the United States with respect to an act or omission of a 
        Federal flight deck officer in defending the flight deck of an 
        aircraft, the officer shall be treated as an employee of the 
        Federal Government under chapter 171 of title 28, relating to 
        tort claims procedure.
  (k) Procedures Following Accidental Discharges.--If an accidental 
discharge of a firearm under the pilot program results in the injury or 
death of a passenger or crew member on an aircraft, the Administrator--
          (1) shall revoke the deputization of the Federal flight deck 
        officer responsible for that firearm if the Administrator 
        determines that the discharge was attributable to the 
        negligence of the officer; and
          (2) if the Administrator determines that a shortcoming in 
        standards, training, or procedures was responsible for the 
        accidental discharge, may temporarily suspend the program until 
        the shortcoming is corrected.
  (l) Limitation on Authority of Air Carriers.--An air carrier may 
not--
          (1) prohibit a pilot employed by the air carrier from 
        becoming a Federal flight deck officer under this section;
          (2) threaten a retaliatory action against a pilot employed by 
        the air carrier for becoming a Federal flight deck officer 
        under this section;
          (3) prohibit a Federal flight deck officer from piloting an 
        aircraft operated by the air carrier; or
          (4) terminate the employment of a Federal flight deck 
        officer, solely on the basis of his or her volunteering for or 
        participating in the program under this section.
Sec. 40931. Deputation of State and local law enforcement officers
  (a) Deputation Authority.--The Administrator may deputize a State or 
local law enforcement officer to carry out Federal airport security 
duties under this chapter.
  (b) Fulfillment of Requirements.--A State or local law enforcement 
officer who is deputized under this section shall be treated as a 
Federal law enforcement officer for purposes of meeting the 
requirements of this chapter and other provisions of law to provide 
Federal law enforcement officers to carry out Federal airport security 
duties.
  (c) Agreements.--To deputize a State or local law enforcement officer 
under this section, the Administrator shall enter into a voluntary 
agreement with the appropriate State or local law enforcement agency 
that employs the State or local law enforcement officer.
  (d) Reimbursement.--
          (1) In general.--The Administrator shall reimburse a State or 
        local law enforcement agency for all reasonable, allowable, and 
        allocable costs incurred by the State or local law enforcement 
        agency with respect to a law enforcement officer deputized 
        under this section.
          (2) Authorization of appropriations.--There are authorized to 
        be appropriated such sums as may be necessary to carry out this 
        subsection.
  (e) Federal Tort Claims Act.--A State or local law enforcement 
officer who is deputized under this section shall be treated as an 
``employee of the Government'' for purposes of sections 1346(b) and 
2401(b) and chapter 171 of title 28 while carrying out Federal airport 
security duties in the course and scope of the officer's employment, 
subject to Federal supervision and control, and under the terms of the 
deputation.
  (f) Stationing of Officers.--The Administrator may allow law 
enforcement personnel to be stationed other than at the airport 
security screening location if that would be preferable for law 
enforcement purposes and if the personnel would still be able to 
provide a prompt response to problems occurring at the screening 
location.
Sec. 40932. Airport security improvement projects
  (a) Definition of Sponsor.--In this section, the term ``sponsor'' has 
the meaning given the term in section 47102 of title 49.
  (b) Grant Authority.--Subject to the requirements of this section, 
the Administrator shall make grants to airport sponsors--
          (1) for projects to replace baggage conveyer systems related 
        to aviation security;
          (2) for projects to reconfigure terminal baggage areas as 
        needed to install explosive detection systems;
          (3) for projects to enable the Administrator to deploy 
        explosive detection systems behind the ticket counter, in the 
        baggage sorting area, or in line with the baggage handling 
        system; and
          (4) for other airport security capital improvement projects.
  (c) Applications.--A sponsor seeking a grant under this section shall 
submit to the Administrator an application in the form, and containing 
the information, the Administrator prescribes.
  (d) Approval.--The Administrator, after consultation with the 
Secretary of Transportation, may approve an application of a sponsor 
for a grant under this section only if the Administrator determines 
that the project will improve security at an airport or improve the 
efficiency of the airport without lessening security.
  (e) Letters of Intent.--
          (1) Issuance.--The Administrator shall issue a letter of 
        intent to a sponsor committing to obligate from future budget 
        authority an amount, not more than the Federal Government's 
        share of the project's cost, for an airport security 
        improvement project (including interest costs and costs of 
        formulating the project).
          (2) Schedule.--A letter of intent under this subsection shall 
        establish a schedule under which the Administrator will 
        reimburse the sponsor for the Government's share of the 
        project's costs, as amounts become available, if the sponsor, 
        after the Administrator issues the letter, carries out the 
        project without receiving amounts under this section.
          (3) Notice to administrator.--A sponsor that has been issued 
        a letter of intent under this subsection shall notify the 
        Administrator of the sponsor's intent to carry out a project 
        before the project begins.
          (4) Notice to congress.--The Administrator shall transmit to 
        the Committees on Appropriations and Transportation and 
        Infrastructure of the House of Representatives and the 
        Committees on Appropriations and Commerce, Science and 
        Transportation of the Senate a written notification at least 3 
        days before the issuance of a letter of intent under this 
        section.
          (5) Limitations.--A letter of intent issued under this 
        subsection is not an obligation of the Government under section 
        1501 of title 31, and the letter is not deemed to be an 
        administrative commitment for financing. An obligation or 
        administrative commitment may be made only as amounts are 
        provided in authorization and appropriations laws.
          (6) Statutory construction.--Nothing in this subsection shall 
        be construed to prohibit the obligation of amounts pursuant to 
        a letter of intent under this subsection in the same fiscal 
        year as the letter of intent is issued.
  (f) Federal Share.--The Government's share of the cost of a project 
under this section shall be 90 percent for a project at a medium or 
large hub airport and 95 percent for a project at any other airport.
  (g) Applicability of Certain Requirements.--The requirements that 
apply to grants and letters of intent issued under chapter 471 of title 
49 (other than section 47102(3)) shall apply to grants and letters of 
intent issued under this section.
  (h) Aviation Security Capital Fund.--
          (1) In general.--There is established in the Department the 
        Aviation Security Capital Fund. The first $250,000,000 from 
        fees received under section 40958(a) of this title in each of 
        fiscal years 2004 through 2028 is available to be deposited in 
        the Fund. The Administrator shall impose the fee authorized by 
        section 40958(a) so as to collect at least $250,000,000 in each 
        of the fiscal years for deposit into the Fund. Amounts in the 
        Fund are available to the Administrator to make grants under 
        this section.
          (2) Allocation.--Of the amount made available under paragraph 
        (1) for a fiscal year, not less than $200,000,000 shall be 
        allocated to fulfill letters of intent issued under subsection 
        (d).
          (3) Discretionary grants.--Of the amount made available under 
        paragraph (1) for a fiscal year, up to $50,000,000 shall be 
        used to make discretionary grants, including other transaction 
        agreements for airport security improvement projects, with 
        priority given to small hub airports and nonhub airports.
  (i) Leveraged Funding.--For purposes of this section, a grant under 
subsection (b) to an airport sponsor to service an obligation issued by 
or on behalf of that sponsor to fund a project described in subsection 
(b) is considered to be a grant for that project.
Sec. 40933. Repair station security
  (a) Security Review and Audit.--To ensure the security of maintenance 
and repair work conducted on air carrier aircraft and components at 
foreign repair stations, the Administrator, in consultation with the 
Administrator of the Federal Aviation Administration, shall complete a 
security review and audit of foreign repair stations that are certified 
by the Administrator of the Federal Aviation Administration under part 
145 of title 14, Code of Federal Regulations, and that work on air 
carrier aircraft and components. The review shall be completed no later 
than 6 months after the date on which the Administrator issues 
regulations under subsection (f).
  (b) Addressing Security Concerns.--The Administrator shall require a 
foreign repair station to address the security issues and 
vulnerabilities identified in a security audit conducted under 
subsection (a) within 90 days of providing notice to the repair station 
of the security issues and vulnerabilities so identified and shall 
notify the Administrator of the Federal Aviation Administration that a 
deficiency was identified in the security audit.
  (c) Suspensions and Revocations of Certificates.--
          (1) Failure to carry out effective security measures.--If, 
        after the 90th day on which a notice is provided to a foreign 
        repair station under subsection (b), the Administrator 
        determines that the foreign repair station does not maintain 
        and carry out effective security measures, the Administrator 
        shall notify the Administrator of the Federal Aviation 
        Administration of the determination. On receipt of the 
        determination, the Administrator of the Federal Aviation 
        Administration shall suspend the certification of the repair 
        station until the Administrator determines that the repair 
        station maintains and carries out effective security measures 
        and transmits the determination to the Administrator of the 
        Federal Aviation Administration.
          (2) Immediate security risk.--If the Administrator determines 
        that a foreign repair station poses an immediate security risk, 
        the Administrator shall notify the Administrator of the Federal 
        Aviation Administration of the determination. On receipt of the 
        determination, the Administrator of the Federal Aviation 
        Administration shall revoke the certification of the repair 
        station.
          (3) Procedures for appeals.--The Administrator, in 
        consultation with the Administrator of the Federal Aviation 
        Administration, shall establish procedures for appealing a 
        revocation of a certificate under this subsection.
  (d) Failure to Meet Audit Deadline.--If the security audits required 
by subsection (a) are not completed on or before the date that is 6 
months after the date on which the Administrator issues regulations 
under subsection (f), the Administrator of the Federal Aviation 
Administration shall be barred from certifying a foreign repair station 
(other than a station that was previously certified, or is in the 
process of certification, by the Administrator of the Federal Aviation 
Administration under part A of subtitle VII of title 49) until the 
audits are completed for existing stations.
  (e) Priority for Audits.--In conducting the audits described in 
subsection (a), the Administrator and the Administrator of the Federal 
Aviation Administration shall give priority to foreign repair stations 
located in countries identified by the Government as posing the most 
significant security risks.
  (f) Regulations.--The Administrator, in consultation with the 
Administrator of the Federal Aviation Administration, shall issue final 
regulations to ensure the security of foreign and domestic aircraft 
repair stations.
Sec. 40934. Deployment and use of detection equipment at airport 
                    screening checkpoints
  (a) Weapons and Explosives.--The Secretary shall give a high priority 
to developing, testing, improving, and deploying, at airport screening 
checkpoints, equipment that detects nonmetallic, chemical, biological, 
and radiological weapons, and explosives, in all forms, on individuals 
and in their personal property. The Secretary shall ensure that the 
equipment alone, or as part of an integrated system, can detect under 
realistic operating conditions the types of weapons and explosives that 
terrorists would likely try to smuggle aboard an air carrier aircraft.
  (b) Strategic Plan for Deployment and Use of Explosive Detection 
Equipment at Airport Screening Checkpoints.--
          (1) In general.--The Administrator shall submit to the 
        appropriate congressional committees a strategic plan to 
        promote the optimal utilization and deployment of explosive 
        detection equipment at airports to screen individuals and their 
        personal property. Such equipment includes walk-through 
        explosive detection portals, document scanners, shoe scanners, 
        and backscatter x-ray scanners. The plan may be submitted in a 
        classified format.
          (2) Content.--The strategic plan shall include, at minimum--
                  (A) a description of current efforts to detect 
                explosives in all forms on individuals and in their 
                personal property;
                  (B) a description of the operational applications of 
                explosive detection equipment at airport screening 
                checkpoints;
                  (C) a deployment schedule and a description of the 
                quantities of equipment needed to implement the plan;
                  (D) a description of funding needs to implement the 
                plan, including a financing plan that provides for 
                leveraging of non-Federal funding;
                  (E) a description of the measures taken and 
                anticipated to be taken in carrying out subsection (d); 
                and
                  (F) a description of any recommended legislative 
                actions.
  (c) Authorization of Appropriations.--There is authorized to be 
appropriated to the Secretary for the use of the Transportation 
Security Administration $250,000,000, in addition to amounts otherwise 
authorized by law, for research, development, and installation of 
detection systems and other devices for the detection of biological, 
chemical, radiological, and explosive materials.
  (d) Interim Action.--Until measures are implemented that enable the 
screening of all passengers for explosives, the Administrator shall 
provide, by means the Administrator considers appropriate, explosives 
detection screening for all passengers identified for additional 
screening and their personal property that will be carried aboard a 
passenger aircraft operated by an air carrier or foreign air carrier in 
air transportation or intrastate air transportation.
Sec. 40935. Appeal and redress process for passengers wrongly delayed 
                    or prohibited from boarding a flight
  (a) In General.--The Secretary shall establish a timely and fair 
process for individuals who believe they have been delayed or 
prohibited from boarding a commercial aircraft because they were 
wrongly identified as a threat under the regimes utilized by the 
Transportation Security Administration, U.S. Customs and Border 
Protection, or another office or component of the Department.
  (b) Office of Appeals and Redress.--
          (1) Establishment.--The Secretary shall establish in the 
        Department an Office of Appeals and Redress to implement, 
        coordinate, and execute the process established by the 
        Secretary under subsection (a). The Office shall include 
        representatives from the Transportation Security 
        Administration, U.S. Customs and Border Protection, and other 
        offices and components of the Department that the Secretary 
        determines appropriate.
          (2) Records.--The process established by the Secretary under 
        subsection (a) shall include the establishment of a method by 
        which the Office, under the direction of the Secretary, will be 
        able to maintain a record of air carrier passengers and other 
        individuals who have been misidentified and have corrected 
        erroneous information.
          (3) Information.--To prevent repeated delays of a 
        misidentified passenger or other individual, the Office of 
        Appeals and Redress shall--
                  (A) ensure that the records maintained under this 
                subsection contain information determined by the 
                Secretary to authenticate the identity of the passenger 
                or individual;
                  (B) furnish to the Transportation Security 
                Administration, U.S. Customs and Border Protection, or 
                another appropriate office or component of the 
                Department, on request, information necessary to allow 
                the office or component to assist air carriers in 
                improving their administration of the advanced 
                passenger prescreening system and reduce the number of 
                false positives; and
                  (C) require that air carriers and foreign air 
                carriers take action to identify passengers determined, 
                under the process established under subsection (a), to 
                have been wrongly identified.
          (4) Handling of personally identifiable information.--The 
        Secretary, in conjunction with the Chief Privacy Officer of the 
        Department, shall--
                  (A) require that Federal employees of the Department 
                handling personally identifiable information of 
                passengers (in this paragraph referred to as ``PII'') 
                complete mandatory privacy and security training prior 
                to being authorized to handle PII;
                  (B) ensure that the records maintained under this 
                subsection are secured by encryption, one-way hashing, 
                other data anonymization techniques, or other, 
                equivalent security technical protections the Secretary 
                determines necessary;
                  (C) limit the information collected from 
                misidentified passengers or other individuals to the 
                minimum amount necessary to resolve a redress request;
                  (D) require that the data generated under this 
                subsection shall be shared or transferred via a secure 
                data network, that has been audited to ensure that the 
                anti-hacking and other security related software 
                functions properly and is updated as necessary;
                  (E) ensure that an employee of the Department 
                receiving the data contained in the records handles the 
                information under section 552a of title 5 and the 
                Federal Information Security Management Act of 2002 
                (Public Law 107-296, 116 Stat. 2259);
                  (F) only retain the data for as long as needed to 
                assist the individual traveler in the redress process; 
                and
                  (G) conduct and publish a privacy impact assessment 
                of the process described within this subsection and 
                transmit the assessment to the Committee on Homeland 
                Security of the House of Representatives, the Committee 
                on Commerce, Science, and Transportation of the Senate, 
                and the Committee on Homeland Security and Governmental 
                Affairs of the Senate.
          (5) Initiation of redress process at airports.--The Office of 
        Appeals and Redress shall establish at each airport at which 
        the Department has a significant presence a process to provide 
        information to air carrier passengers to begin the redress 
        process established under subsection (a).
Sec. 40936. Expedited screening for severely injured or disabled 
                    members of the armed forces and severely injured or 
                    disabled veterans
  (a) Passenger Screening.--The Administrator, in consultation with the 
Secretary of Defense, the Secretary of Veterans Affairs, and 
organizations identified by the Secretaries of Defense and Veterans 
Affairs that advocate on behalf of severely injured or disabled members 
of the armed forces and severely injured or disabled veterans, shall 
develop and implement a process to support and facilitate the ease of 
travel and to the extent possible provide expedited passenger screening 
services through passenger screening for severely injured or disabled 
members of the armed forces and severely injured or disabled veterans. 
The process shall be designed to offer the individual private screening 
to the maximum extent practicable.
  (b) Operations Center.--As part of the process under subsection (a), 
the Administrator shall maintain an operations center to provide 
support and facilitate the movement of severely injured or disabled 
members of the armed forces and severely injured or disabled veterans 
through passenger screening prior to boarding a passenger aircraft 
operated by an air carrier or foreign air carrier in air transportation 
or intrastate air transportation.
  (c) Protocols.--The Administrator shall--
          (1) establish and publish protocols, in consultation with the 
        Secretary of Defense, the Secretary of Veterans Affairs, and 
        the organizations identified under subsection (a), under which 
        a severely injured or disabled member of the armed forces or 
        severely injured or disabled veteran, or the family member or 
        other representative of the member or veteran, may contact the 
        operations center maintained under subsection (b) and request 
        the expedited passenger screening services described in 
        subsection (a) for that member or veteran; and
          (2) on receipt of a request under paragraph (1), require the 
        operations center to notify the appropriate Federal Security 
        Director of the request for expedited passenger screening 
        services, as described in subsection (a), for that member or 
        veteran.
  (d) Training.--The Administrator shall integrate training on the 
protocols established under subsection (c) into the training provided 
to all employees who will regularly provide the passenger screening 
services described in subsection (a).
  (e) Rule of Construction.--Nothing in this section shall affect the 
authority of the Administrator to require additional screening of a 
severely injured or disabled member of the armed forces, a severely 
injured or disabled veteran, or their accompanying family members or 
nonmedical attendants, if intelligence, law enforcement, or other 
information indicates that additional screening is necessary.
  (f) Report.--The Administrator, not later than August 9 of each year, 
shall submit to Congress a report on the implementation of this 
section. Each report shall include each of the following:
          (1) Information on the training provided under subsection 
        (d).
          (2) Information on the consultations between the 
        Administrator and the organizations identified under subsection 
        (a).
          (3) The number of people who accessed the operations center 
        during the period covered by the report.
          (4) Other information the Administrator determines is 
        appropriate.
Sec. 40937. Honor Flight program
  The Administrator shall establish, in collaboration with the Honor 
Flight Network or other not-for-profit organization that honors 
veterans, a process for providing expedited and dignified passenger 
screening services for veterans traveling on an Honor Flight Network 
private charter, or another not-for-profit organization that honors 
veterans, to visit war memorials built and dedicated to honor the 
service of those veterans.

              Subchapter III--Administration and Personnel

Sec. 40951. Federal Security Managers
  (a) Establishment, Designation, and Stationing.--The Administrator 
shall establish the position of Federal Security Manager at each 
airport in the United States described in section 40913(c) of this 
title. The Administrator shall designate individuals as Managers for, 
and station those Managers at, those airports.
  (b) Duties and Powers.--The Federal Security Manager at each airport 
shall--
          (1) oversee the screening of passengers and property at the 
        airport; and
          (2) carry out other duties prescribed by the Administrator.
Sec. 40952. Foreign Security Liaison Officers
  (a) Establishment, Designation, and Stationing.--The Administrator 
shall establish the position of Foreign Security Liaison Officer for 
each airport outside the United States at which the Administrator 
decides an Officer is necessary for air transportation security. In 
coordination with the Secretary of State, the Administrator shall 
designate an Officer for each of those airports. In coordination with 
the Secretary of State, the Administrator shall designate an Officer 
for each of those airports where extraordinary security measures are in 
place. The Secretary of State shall give high priority to stationing 
those Officers.
  (b) Duties and Powers.--Each Federal Security Liaison Officer reports 
directly to the Administrator. The Officer at each airport shall--
          (1) serve as the liaison of the Administrator to foreign 
        security authorities (including governments of foreign 
        countries and foreign airport authorities) in carrying out 
        United States Government security requirements at that airport; 
        and
          (2) to the extent practicable, carry out duties and powers 
        referred to in section 40951(b) of this title.
  (c) Coordination of Activities.--The activities of each Foreign 
Security Liaison Officer shall be coordinated with the chief of the 
diplomatic mission of the United States to which the Officer is 
assigned. Activities of an Officer under this section shall be 
consistent with the duties and powers of the Secretary of State and the 
chief of mission to a foreign country under section 103 of the Omnibus 
Diplomatic Security and Antiterrorism Act of 1986 (22 U.S.C. 4802) and 
section 207 of the Foreign Service Act of 1980 (22 U.S.C. 3927).
Sec. 40953. Employment standards and training
  (a) Employment Standards.--The Administrator shall prescribe 
standards for the employment and continued employment of, and 
contracting for, air carrier personnel and, as appropriate, airport 
security personnel. The standards shall include--
          (1) minimum training requirements for new employees;
          (2) retraining requirements;
          (3) minimum staffing levels;
          (4) minimum language skills; and
          (5) minimum education levels for employees, when appropriate.
  (b) Review and Recommendations.--In coordination with air carriers, 
airport operators, and other interested persons, the Administrator 
shall review issues related to human performance in the aviation 
security system to maximize that performance. When the review is 
completed, the Administrator shall recommend guidelines and prescribe 
appropriate changes in existing procedures to improve that performance.
  (c) Security Program Training, Standards, and Qualifications.--
          (1) In general.--The Administrator--
                  (A) may train individuals employed to carry out a 
                security program under section 40913(c) of this title; 
                and
                  (B) shall prescribe uniform training standards and 
                uniform minimum qualifications for individuals eligible 
                for that training.
          (2) Reimbursements.--The Administrator may authorize 
        reimbursement for travel, transportation, and subsistence 
        expenses for security training of non-United States Government 
        domestic and foreign individuals whose services will contribute 
        significantly to carrying out civil aviation security programs. 
        To the extent practicable, air travel reimbursed under this 
        paragraph shall be on air carriers.
  (d) Education and Training Standards for Security Coordinators, 
Supervisory Personnel, and Pilots.--
          (1) In general.--The Administrator shall prescribe standards 
        for educating and training--
                  (A) ground security coordinators;
                  (B) security supervisory personnel; and
                  (C) airline pilots as in-flight security 
                coordinators.
          (2) Elements.--The standards shall include initial training, 
        retraining, and continuing education requirements and methods. 
        The requirements and methods shall be used annually to measure 
        the performance of ground security coordinators and security 
        supervisory personnel.
  (e) Security Screeners.--
          (1) Training program.--The Administrator shall establish a 
        program for the hiring and training of security screening 
        personnel.
          (2) Hiring.--
                  (A) Qualifications.--The Administrator shall 
                establish qualification standards for individuals to be 
                hired by the United States as security screening 
                personnel. The standards shall require, at a minimum, 
                an individual--
                          (i) to have a satisfactory or better score on 
                        a Federal security screening personnel 
                        selection examination;
                          (ii) to be a citizen of the United States or 
                        a national of the United States, as defined in 
                        section 101(a) of the Immigration and 
                        Nationality Act (8 U.S.C. 1101(a));
                          (iii) to meet, at a minimum, the requirements 
                        set forth in subsection (f);
                          (iv) to meet other qualifications the 
                        Administrator may establish; and
                          (v) to have the ability to demonstrate daily 
                        a fitness for duty without an impairment due to 
                        illegal drugs, sleep deprivation, medication, 
                        or alcohol.
                  (B) Background checks.--The Administrator shall 
                require that an individual to be hired as a security 
                screener undergo an employment investigation (including 
                a criminal history record check) under section 
                40954(a)(1) of this title.
                  (C) Disqualification of individuals who present 
                national security risks.--The Administrator, in 
                consultation with the heads of other appropriate 
                Federal agencies, shall establish procedures, in 
                addition to any background check conducted under 
                section 40954, to ensure that an individual who 
                presents a threat to national security is not employed 
                as a security screener.
          (3) Examination.--The Administrator shall develop a security 
        screening personnel examination for use in determining the 
        qualification of individuals seeking employment as security 
        screening personnel.
          (4) Review of standards, rules, and regulations.--The 
        Administrator shall review, and revise as necessary, a 
        standard, rule, or regulation governing the employment of 
        individuals as security screening personnel.
  (f) Employment Standards for Screening Personnel.--
          (1) Screener requirements.--An individual may not be deployed 
        as a security screener unless that individual meets the 
        following requirements:
                  (A) Education or experience.--The individual 
                possesses a high school diploma, a general equivalency 
                diploma, or experience that the Administrator has 
                determined to be sufficient for the individual to 
                perform the duties of the position.
                  (B) Basic aptitudes and physical abilities.--The 
                individual possesses basic aptitudes and physical 
                abilities, including color perception, visual and aural 
                acuity, physical coordination, and motor skills, to the 
                following standards:
                          (i) Screeners operating screening equipment 
                        are able to distinguish on the screening 
                        equipment monitor the appropriate imaging 
                        standard specified by the Administrator.
                          (ii) Screeners operating screening equipment 
                        are able to distinguish each color displayed on 
                        every type of screening equipment and explain 
                        what each color signifies.
                          (iii) Screeners are able to hear and respond 
                        to the spoken voice and to audible alarms 
                        generated by screening equipment in an active 
                        checkpoint environment.
                          (iv) Screeners performing physical searches 
                        or other related operations are able to 
                        efficiently and thoroughly manipulate and 
                        handle the baggage, containers, and other 
                        objects subject to security processing.
                          (v) Screeners performing pat-downs or hand-
                        held metal detector searches of individuals 
                        have sufficient dexterity and capability to 
                        thoroughly conduct those procedures over an 
                        individual's entire body.
                  (C) Read, write, and speak english.--The individual 
                is able to read, speak, and write English well enough 
                to--
                          (i) carry out written and oral instructions 
                        regarding the proper performance of screening 
                        duties;
                          (ii) read English language identification 
                        media, credentials, airline tickets, and labels 
                        on items normally encountered in the screening 
                        process;
                          (iii) provide direction to and understand and 
                        answer questions from English-speaking 
                        individuals undergoing screening; and
                          (iv) write incident reports and statements 
                        and log entries into security records in the 
                        English language.
                  (D) Training.--The individual has satisfactorily 
                completed all initial, recurrent, and appropriate 
                specialized training required by the security program, 
                except as provided in paragraph (3).
          (2) Veterans preference.--The Administrator shall provide a 
        preference for the hiring of an individual as a security 
        screener if the individual is a member or former member of the 
        armed forces and if the individual is entitled, under statute, 
        to retired, retirement, or retainer pay on account of service 
        as a member of the armed forces.
          (3) Exceptions.--An individual who has not completed the 
        training required by this section may be deployed during the 
        on-the-job portion of training to perform functions if that 
        individual--
                  (A) is closely supervised; and
                  (B) does not make independent judgments as to whether 
                individuals or property may enter a sterile area or 
                aircraft without further inspection.
          (4) Remedial training.--No individual employed as a security 
        screener may perform a screening function after that individual 
        has failed an operational test related to that function until 
        that individual has successfully completed the remedial 
        training specified in the security program.
          (5) Annual proficiency review.--The Administrator shall 
        provide that an annual evaluation of each individual assigned 
        screening duties is conducted and documented. An individual 
        employed as a security screener may not continue to be employed 
        in that capacity unless the evaluation demonstrates that the 
        individual--
                  (A) continues to meet all qualifications and 
                standards required to perform a screening function;
                  (B) has a satisfactory record of performance and 
                attention to duty based on the standards and 
                requirements in the security program; and
                  (C) demonstrates the current knowledge and skills 
                necessary to courteously, vigilantly, and effectively 
                perform screening functions.
          (6) Operational testing.--In addition to the annual 
        proficiency review conducted under paragraph (5), the 
        Administrator shall provide for the operational testing of 
        personnel.
  (g) Training.--
          (1) Use of other agencies.--The Administrator may enter into 
        a memorandum of understanding or other arrangement with another 
        Federal agency or department with appropriate law enforcement 
        responsibilities, to provide personnel, resources, or other 
        forms of assistance in the training of security screening 
        personnel.
          (2) Training plan.--The Administrator shall develop a plan 
        for the training of security screening personnel. The plan 
        shall require, at a minimum, that a security screener--
                  (A) has completed 40 hours of classroom instruction 
                or successfully completed a program that the 
                Administrator determines will train individuals to a 
                level of proficiency equivalent to the level that would 
                be achieved by the classroom instruction;
                  (B) has completed 60 hours of on-the-job 
                instructions; and
                  (C) has successfully completed an on-the-job training 
                examination prescribed by the Administrator.
          (3) Equipment-specific training.--An individual employed as a 
        security screener may not use a security screening device or 
        equipment in the scope of that individual's employment unless 
        the individual has been trained on that device or equipment and 
        has successfully completed a test on the use of the device or 
        equipment.
  (h) Technological Training.--
          (1) Definition of dual-use item.--In this subsection, the 
        term ``dual-use item'' means an item that may seem harmless but 
        that may be used as a weapon.
          (2) In general.--The Administrator shall require training to 
        ensure that screeners are proficient in using the most up-to-
        date new technology and to ensure their proficiency in 
        recognizing new threats and weapons.
          (3) Periodic assessments.--The Administrator shall make 
        periodic assessments to determine if there are dual-use items 
        and inform security screening personnel of the existence of the 
        items.
          (4) Current lists of dual-use items.--Current lists of dual-
        use items shall be part of the ongoing training for screeners.
  (i) Limitation on Right To Strike.--An individual who screens 
passengers or property, or both, at an airport under this section may 
not participate in a strike, or assert the right to strike, against the 
person (including a governmental entity) employing the individual to 
perform the screening.
  (j) Uniforms.--The Administrator shall require an individual who 
screens passengers and property under section 40911 of this title to be 
attired while on duty in a uniform approved by the Administrator.
  (k) Accessibility of Computer-Based Training Facilities.--The 
Administrator shall work with air carriers and airports to ensure that 
computer-based training facilities intended for use by security 
screeners at an airport regularly serving an air carrier holding a 
certificate issued by the Secretary of Transportation are conveniently 
located for that airport and easily accessible.
  (l) Screener Personnel.--
          (1) Improving job performance.--The Administrator shall take 
        such actions as may be necessary to improve the job performance 
        of airport screening personnel.
          (2) Authority of administrator.--
                  (A) In general.--Except as provided in subparagraph 
                (B), the Administrator may employ, appoint, discipline, 
                terminate, and fix the compensation, terms, and 
                conditions of employment of Federal service for the 
                number of individuals the Administrator determines to 
                be necessary to carry out the screening functions of 
                the Administrator under section 40911 of this title. 
                The Administrator shall establish levels of 
                compensation and other benefits for the individuals 
                employed.
                  (B) Uniformed services employment and reemployment 
                rights.--In carrying out the functions authorized under 
                subparagraph (A), the Administrator is subject to the 
                provisions set forth in chapter 43 of title 38.
Sec. 40954. Employment investigations and restrictions
  (a) Employment Investigation Requirement.--
          (1) In general.--
                  (A) Employee coverage.--The Administrator shall 
                require by regulation that an employment investigation, 
                including a criminal history record check and a review 
                of available law enforcement data bases and records of 
                other governmental and international agencies, to the 
                extent determined practicable by the Administrator, 
                shall be conducted of each individual employed in, or 
                applying for, a position as a security screener under 
                section 40953(e) of this title or a position in which 
                the individual has unescorted access, or may permit 
                other individuals to have unescorted access, to--
                          (i) aircraft of an air carrier or foreign air 
                        carrier; or
                          (ii) a secured area of an airport in the 
                        United States the Administrator designates that 
                        serves an air carrier or foreign air carrier.
                  (B) Further coverage.--The Administrator shall 
                require by regulation that an employment investigation 
                (including a criminal history record check and a review 
                of available law enforcement data bases and records of 
                other governmental and international agencies, to the 
                extent determined practicable by the Administrator) be 
                conducted for--
                          (i) individuals who are responsible for 
                        screening passengers or property under section 
                        40911 of this title;
                          (ii) supervisors of the individuals described 
                        in clause (i);
                          (iii) individuals who regularly have escorted 
                        access to aircraft of an air carrier or foreign 
                        air carrier or a secured area of an airport in 
                        the United States the Administrator designates 
                        that serves an air carrier or foreign air 
                        carrier; and
                          (iv) other individuals who exercise security 
                        functions associated with baggage or cargo that 
                        the Administrator determines is necessary to 
                        ensure air transportation security.
                  (C) Exemption.--An employment investigation, 
                including a criminal history record check, is not 
                required under this subsection for an individual who is 
                exempted under section 107.31(m)(1) or (2) of title 14, 
                Code of Federal Regulations, as in effect on November 
                22, 2000. The Administrator shall work with the 
                International Civil Aviation Organization and with 
                appropriate authorities of foreign countries to ensure 
                that individuals exempted under this subparagraph do 
                not pose a threat to aviation or national security.
          (2) Employer role.--An air carrier, foreign air carrier, 
        airport operator, or government that employs, or authorizes or 
        makes a contract for the services of, an individual in a 
        position described in paragraph (1) shall ensure that the 
        investigation the Administrator requires is conducted.
          (3) Periodic audits.--The Administrator shall provide for the 
        periodic audit of the effectiveness of criminal history record 
        checks conducted under paragraph (1).
  (b) Prohibited Employment.--
          (1) In general.--Except as provided in paragraph (3), an air 
        carrier, foreign air carrier, airport operator, or government 
        may not employ, or authorize or make a contract for the 
        services of, an individual in a position described in 
        subsection (a)(1) if--
                  (A) the investigation of the individual required 
                under this section has not been conducted; or
                  (B) the results of that investigation establish that, 
                in the 10-year period ending on the date of the 
                investigation, the individual was convicted (or found 
                not guilty by reason of insanity) of--
                          (i) a crime referred to in section 32 or 2744 
                        or chapter 127 of title 18 or section 46306, 
                        46308, 46312, or 46315 of title 49;
                          (ii) murder;
                          (iii) assault with intent to murder;
                          (iv) espionage;
                          (v) sedition;
                          (vi) treason;
                          (vii) rape;
                          (viii) kidnapping;
                          (ix) unlawful possession, sale, distribution, 
                        or manufacture of an explosive or weapon;
                          (x) extortion;
                          (xi) armed or felony unarmed robbery;
                          (xii) distribution of, or intent to 
                        distribute, a controlled substance;
                          (xiii) a felony involving a threat;
                          (xiv) a felony involving--
                                  (I) willful destruction of property;
                                  (II) importation or manufacture of a 
                                controlled substance;
                                  (III) burglary;
                                  (IV) theft;
                                  (V) dishonesty, fraud, or 
                                misrepresentation;
                                  (VI) possession or distribution of 
                                stolen property;
                                  (VII) aggravated assault;
                                  (VIII) bribery; and
                                  (IX) illegal possession of a 
                                controlled substance punishable by a 
                                maximum term of imprisonment of more 
                                than 1 year, or another crime 
                                classified as a felony that the 
                                Administrator determines indicates a 
                                propensity for placing contraband 
                                aboard an aircraft in return for money; 
                                or
                          (xv) conspiracy to commit any of the acts 
                        referred to in clauses (i) through (xiv).
          (2) Other factors.--The Administrator may specify other 
        factors that are sufficient to prohibit the employment of an 
        individual in a position described in subsection (a)(1).
          (3) Alternate security arrangements.--An air carrier, foreign 
        air carrier, airport operator, or government may employ, or 
        authorize or contract for the services of, an individual in a 
        position described in subsection (a)(1) without carrying out 
        the investigation required under this section, if the 
        Administrator approves a plan to employ the individual that 
        provides alternate security arrangements.
  (c) Fingerprinting and Record Check Information.--
          (1) In general.--If the Administrator requires an 
        identification and criminal history record check, to be 
        conducted by the Attorney General, as part of an investigation 
        under this section, the Administrator shall designate an 
        individual to obtain fingerprints and submit those fingerprints 
        to the Attorney General. The Attorney General may make the 
        results of a check available to an individual the Administrator 
        designates. Before designating an individual to obtain and 
        submit fingerprints or receive results of a check, the 
        Administrator shall consult with the Attorney General. All 
        Federal agencies shall cooperate with the Administrator and the 
        Administrator's designee in the process of collecting and 
        submitting fingerprints.
          (2) Regulations.--The Administrator shall prescribe 
        regulations on--
                  (A) procedures for taking fingerprints; and
                  (B) requirements for using information received from 
                the Attorney General under paragraph (1)--
                          (i) to limit the dissemination of the 
                        information; and
                          (ii) to ensure that the information is used 
                        only to carry out this section.
          (3) Access to investigation.--If an identification and 
        criminal history record check is conducted as part of an 
        investigation of an individual under this section, the 
        individual--
                  (A) shall receive a copy of a record received from 
                the Attorney General; and
                  (B) may complete and correct the information 
                contained in the check before a final employment 
                decision is made based on the check.
  (d) Fees and Charges.--The Administrator and the Attorney General 
shall establish reasonable fees and charges to pay expenses incurred in 
carrying out this section. The employer of the individual being 
investigated shall pay the costs of a record check of the individual. 
Money collected under this section shall be credited to the account in 
the Treasury from which the expenses were incurred and are available to 
the Administrator and the Attorney General for those expenses.
  (e) When Investigation or Record Check Not Required.--This section 
does not require an investigation or record check when the 
investigation or record check is prohibited by a law of a foreign 
country.
Sec. 40955. Prohibition on transferring duties and powers
  Except as specifically provided by law, the Administrator may not 
transfer a duty or power under section 40913(a), (b), (c), or (e), 
40916, 40922(a) through (c), 40953(a) through (k), 40954, or 
40956(b)(2) of this title.
Sec. 40956. Reports
  (a) Transportation Security.--Not later than March 31 of each year, 
the Secretary shall submit to Congress a report on transportation 
security with recommendations the Secretary considers appropriate. The 
report shall be prepared in conjunction with the biennial report the 
Administrator submits under subsection (b) in each year the 
Administrator submits the biennial report, but may not duplicate the 
information submitted under subsection (b) or section 40917(a)(3) of 
this title. The Secretary may submit the report in classified and 
unclassified parts. The report shall include--
          (1) an assessment of trends and developments in terrorist 
        activities, methods, and other threats to transportation;
          (2) an evaluation of deployment of explosive detection 
        devices;
          (3) recommendations for research, engineering, and 
        development activities related to transportation security, 
        except research engineering and development activities related 
        to aviation security to the extent those activities are covered 
        by the national aviation research plan required under section 
        44501(c) of title 49;
          (4) identification and evaluation of cooperative efforts with 
        other departments, agencies, and instrumentalities of the 
        United States Government;
          (5) an evaluation of cooperation with foreign transportation 
        and security authorities;
          (6) the status of the extent to which the recommendations of 
        the President's Commission on Aviation Security and Terrorism 
        have been carried out and the reasons for delay in carrying out 
        those recommendations;
          (7) an assessment of financial and staffing requirements, and 
        attainment of existing staffing goals, for carrying out duties 
        and powers of the Administrator relating to security; and
          (8) appropriate legislative and regulatory recommendations.
  (b) Screening and Foreign Air Carrier and Airport Security.--The 
Administrator shall submit biennially to Congress a report on the 
effectiveness of procedures under section 40911 of this title that 
includes--
          (1) a summary of the assessments conducted under section 
        40917(a)(1) and (2) of this title; and
          (2) an assessment of the steps being taken, and the progress 
        being made, in ensuring compliance with section 40916 of this 
        title for each foreign air carrier security program at airports 
        outside the United States--
                  (A) at which the Administrator decides that Foreign 
                Security Liaison Officers are necessary for air 
                transportation security; and
                  (B) for which extraordinary security measures are in 
                place.
Sec. 40957. Training to operate certain aircraft
  (a) Waiting Period.--
          (1) Definition of training.--In this subsection, the term 
        ``training''--
                  (A) means training received from an instructor in an 
                aircraft or aircraft simulator; but
                  (B) does not include recurrent training, ground 
                training, or demonstration flights for marketing 
                purposes.
          (2) Requirements.--A person operating as a flight instructor, 
        pilot school, or aviation training center or subject to 
        regulation under part A of subtitle VII of title 49 may provide 
        training in the operation of an aircraft having a maximum 
        certificated takeoff weight of more than 12,500 pounds to an 
        alien (as defined in section 101(a) of the Immigration and 
        Nationality Act (8 U.S.C. 1101(a))) or to another individual 
        specified by the Secretary only if--
                  (A) that person has first notified the Secretary that 
                the alien or individual has requested training and 
                submitted to the Secretary, in the form the Secretary 
                prescribes, the following information about the alien 
                or individual:
                          (i) Full name, including aliases used by the 
                        applicant or variations in spelling of the 
                        applicant's name.
                          (ii) Passport and visa information.
                          (iii) Country of citizenship.
                          (iv) Date of birth.
                          (v) Dates of training.
                          (vi) Fingerprints collected by, or under the 
                        supervision of, a Federal, State, or local law 
                        enforcement agency or by another entity 
                        approved by the Federal Bureau of Investigation 
                        or the Secretary, including fingerprints taken 
                        by United States Government personnel at a 
                        United States embassy or consulate; and
                  (B) the Secretary has not directed, within 30 days 
                after being notified under subparagraph (A), that 
                person not to provide the requested training because 
                the Secretary has determined that the individual 
                presents a risk to aviation or national security.
  (b) Interruption of Training.--If the Secretary, more than 30 days 
after receiving notification under subsection (a) from a person 
providing training described in subsection (a), determines that the 
individual presents a risk to aviation or national security, the 
Secretary shall immediately notify the person providing the training of 
the determination, and that person shall immediately terminate the 
training.
  (c) Notification.--A person operating as a flight instructor, pilot 
school, or aviation training center or subject to regulation under part 
A of subtitle VII of title 49 may provide training in the operation of 
an aircraft having a maximum certificated takeoff weight of 12,500 
pounds or less to an alien (as defined in section 101(a) of the 
Immigration and Nationality Act (8 U.S.C. 1101(a)) or to another 
individual specified by the Secretary only if that person has notified 
the Secretary that the individual has requested the training and 
furnished the Secretary with that individual's identification in the 
form the Secretary requires.
  (d) Expedited Processing.--The Secretary shall establish a process to 
ensure that the waiting period under subsection (a) shall not exceed 5 
days for an alien (as defined in section 101(a) of the Immigration and 
Nationality Act (8 U.S.C. 1101(a))) who--
          (1) holds an airman's certification of a foreign country that 
        is recognized by an agency of the United States, including a 
        military agency, that permits an individual to operate a multi-
        engine aircraft that has a certificated takeoff weight of more 
        than 12,500 pounds;
          (2) is employed by a foreign air carrier that is certified 
        under part 129 of title 14, Code of Federal Regulations, and 
        that has a security program approved under part 1546 of title 
        49, Code of Federal Regulations;
          (3) is an individual that has unescorted access to a secured 
        area of an airport designated under section 40954(a)(1)(A)(ii) 
        of this title; or
          (4) is an individual that is part of a class of individuals 
        that the Secretary has determined that providing aviation 
        training to presents minimal risk to aviation or national 
        security because of the aviation training already possessed by 
        the class of individuals.
  (e) Nonapplicability to Certain Foreign Military Pilots.--The 
procedures and processes required by subsections (a) through (d) do not 
apply to a foreign military pilot endorsed by the Department of Defense 
for flight training in the United States and seeking training described 
in subsection (a)(1) in the United States.
  (f) Fee.--
          (1) In general.--The Secretary may assess a fee for an 
        investigation under this section. The Secretary may adjust the 
        maximum amount of the fee to reflect the costs of an 
        investigation.
          (2) Offset.--Notwithstanding section 3302 of title 31, a fee 
        collected under this section--
                  (A) shall be credited to the account in the Treasury 
                from which the expenses were incurred and shall be 
                available to the Secretary for those expenses; and
                  (B) remains available until expended.
  (g) Interagency Cooperation.--The Attorney General, the Director of 
National Intelligence, and the Administrator of the Federal Aviation 
Administration shall cooperate with the Secretary in implementing this 
section.
  (h) Security Awareness Training for Employees.--The Secretary shall 
require flight schools to conduct a security awareness program for 
flight school employees to increase their awareness of suspicious 
circumstances and activities of individuals enrolling in or attending 
flight school.
Sec. 40958. Security service fee
  (a) General Authority.--
          (1) Passenger fees.--The Administrator shall impose a uniform 
        fee, on passengers of air carriers and foreign air carriers in 
        air transportation and intrastate air transportation 
        originating at airports in the United States, to pay for the 
        following costs of providing civil aviation security services:
                  (A) Salary, benefits, overtime, retirement and other 
                costs of screening personnel, their supervisors and 
                managers, Federal law enforcement personnel, and State 
                and local law enforcement officers deputized under 
                section 40931 of this title, who are deployed at 
                airport security screening locations under section 
                40911 of this title.
                  (B) The costs of training personnel described in 
                subparagraph (A), and the acquisition, operation, and 
                maintenance of equipment used by the personnel.
                  (C) The costs of performing background investigations 
                of personnel described in subparagraphs (A), (D), (F), 
                and (G).
                  (D) The costs of the Federal air marshals program.
                  (E) The costs of performing civil aviation security 
                research and development under this title.
                  (F) The costs of Federal Security Managers under 
                section 40913 of this title.
                  (G) The costs of deploying Federal law enforcement 
                personnel under section 40913(h) of this title.
                  (H) The costs of security-related capital 
                improvements at airports.
                  (I) The costs of training pilots and flight 
                attendants under sections 40928 and 40930 of this 
                title.
          (2) Determination of costs.--The amount of costs listed in 
        paragraph (1) shall be determined by the Administrator and are 
        not subject to judicial review
  (b) Schedule of Fees.--In imposing fees under subsection (a), the 
Administrator shall ensure that the fees are reasonably related to the 
Transportation Security Administration's costs of providing services 
rendered.
  (c) Limitation on Fee.--
          (1) Definition of round trip.--In this subsection, ``round 
        trip'' means a trip on an air travel itinerary that terminates 
        or has a stopover at the origin point (or co-terminal).
          (2) Limitation.--The fee imposed under subsection (a) is 
        $5.60 per one-way trip in air transportation or intrastate air 
        transportation that originates at an airport in the United 
        States, except the fee imposed per round trip shall not exceed 
        $11.20.
  (d) Imposition of Fee.--
          (1) In general.--Notwithstanding section 9701 of title 31 and 
        the procedural requirements of section 553 of title 5, the 
        Administrator shall impose the fee under subsection (a) through 
        the publication of notice of the fee in the Federal Register 
        and begin collection of the fee as soon as possible.
          (2) Special rules for passenger fees.--A fee imposed under 
        subsection (a) through the procedures under paragraph (1) shall 
        apply only to tickets sold after the date on which the fee is 
        imposed. If a fee imposed under subsection (a) through the 
        procedures under paragraph (1) on transportation of a passenger 
        of a carrier described in subsection (a) is not collected from 
        the passenger, the amount of the fee shall be paid by the 
        carrier.
          (3) Subsequent modification of fee.--After imposing a fee 
        under paragraph (1), the Administrator may modify, from time to 
        time through publication of notice in the Federal Register, the 
        imposition or collection of the fee, or both.
          (4) Limitation on collection.--A fee may be collected under 
        this section, other than subsection (i), only to the extent 
        that the expenditure of the fee to pay the costs of activities 
        and services for which the fee is imposed is provided for in 
        advance in an appropriations Act or in section 40932 of this 
        title.
  (e) Administration of Fees.--
          (1) Fees payable to administrator.--All fees imposed and 
        amounts collected under this section are payable to the 
        Administrator.
          (2) Fees collected by air carrier.--A fee imposed under 
        subsection (a)(1) shall be collected by the air carrier or 
        foreign air carrier that sells a ticket for transportation 
        described in subsection (a).
          (3) Due date for remittance.--A fee collected under this 
        section shall be remitted on the last day of each calendar 
        month by the carrier collecting the fee. The amount to be 
        remitted shall be for the calendar month preceding the calendar 
        month in which the remittance is made.
          (4) Information.--The Administrator may require the provision 
        of information the Administrator decides is necessary to verify 
        that fees have been collected and remitted at the proper times 
        and in the proper amounts.
          (5) Fee not subject to tax.--For purposes of section 4261 of 
        the Internal Revenue Code of 1986 (26 U.S.C. 4261), a fee 
        imposed under this section is not considered to be part of the 
        amount paid for taxable transportation.
          (6) Cost of collecting fee.--No portion of the fee collected 
        under this section may be retained by the air carrier or 
        foreign air carrier for the costs of collecting, handling, or 
        remitting the fee, except for interest accruing to the carrier 
        after collection and before remittance.
  (f) Receipts Credited as Offsetting Collections.--Notwithstanding 
section 3302 of title 31, a fee collected under this section--
          (1) shall be credited as offsetting collections to the 
        account that finances the activities and services for which the 
        fee is imposed;
          (2) shall be available for expenditure only to pay the costs 
        of activities and services for which the fee is imposed; and
          (3) remains available until expended.
  (g) Refunds.--The Administrator may refund a fee paid by mistake or 
an amount paid in excess of that required.
  (h) Exemptions.--The Administrator may exempt from the passenger fee 
imposed under subsection (a) a passenger enplaning at an airport in the 
United States that does not receive screening services under section 
40911 of this title for that segment of the trip for which the 
passenger does not receive screening.
  (i) Deposit of Receipts.--
          (1) In general.--Out of fees received in a fiscal year under 
        subsection (a), after amounts are made available in the fiscal 
        year under section 40932(h), the next funds derived from the 
        fees in the fiscal year, in the amount specified for the fiscal 
        year in paragraph (4), shall be credited as offsetting receipts 
        and deposited in the general fund of the Treasury.
          (2) Fee levels.--The Secretary shall impose the fee 
        authorized by subsection (a) so as to collect in a fiscal year 
        at least the amount specified in paragraph (4) for the fiscal 
        year for making deposits under paragraph (1).
          (3) Relationship to other provisions.--Subsections (b) and 
        (f) do not apply to amounts to be used for making deposits 
        under this subsection.
          (4) Fiscal year amounts.--For purposes of paragraphs (1) and 
        (2), the fiscal year amounts are as follows:
                  (A) $1,280,000,000 for fiscal year 2017.
                  (B) $1,320,000,000 for fiscal year 2018.
                  (C) $1,360,000,000 for fiscal year 2019.
                  (D) $1,400,000,000 for fiscal year 2020.
                  (E) $1,440,000,000 for fiscal year 2021.
                  (F) $1,480,000,000 for fiscal year 2022.
                  (G) $1,520,000,000 for fiscal year 2023.
                  (H) $1,560,000,000 for fiscal year 2024.
                  (I) $1,600,000,000 for fiscal year 2025.
Sec. 40959. Immunity for reporting suspicious activities
  (a) In General.--An air carrier or foreign air carrier or an employee 
of an air carrier or foreign air carrier who makes a voluntary 
disclosure of a suspicious transaction relevant to a possible violation 
of law or regulation, relating to air piracy, a threat to aircraft or 
passenger safety, or terrorism, as defined in section 3077 of title 18, 
to an employee or agent of the Department, the Department of Justice, a 
Federal, State, or local law enforcement officer, or an airport or 
airline security officer shall not be civilly liable to any person 
under a law or regulation of the United States, or a constitution, law, 
or regulation of a State or political subdivision of a State, for the 
disclosure.
  (b) Application.--Subsection (a) does not apply to--
          (1) a disclosure made with actual knowledge that the 
        disclosure was false, inaccurate, or misleading; or
          (2) a disclosure made with reckless disregard as to the truth 
        or falsity of that disclosure.
Sec. 40960. Performance goals and objectives
  (a) Long-Term Results-Based Management.--Each year, consistent with 
the requirements of the Government Performance and Results Act of 1993 
(in this section referred to as ``GPRA'') (Public Law 103-62, 107 Stat. 
285), the Secretary and the Administrator shall agree on a performance 
plan for the succeeding 5 years that establishes measurable goals and 
objectives for aviation security. The plan shall identify action steps 
necessary to achieve the goals.
  (b) Clarification of Responsibilities.--In addition to meeting the 
requirements of GPRA, the performance plan should clarify the 
responsibilities of the Secretary, the Administrator, and any other 
agency or organization that may have a role in ensuring the safety and 
security of the civil air transportation system.
  (c) Annual Performance Report.--Each year, consistent with the 
requirements of GPRA, the Administrator shall prepare and submit to 
Congress an annual report, including an evaluation of the extent to 
which goals and objectives were met. The report shall include the 
results achieved during the year relative to the goals established in 
the performance plan.
Sec. 40961. Aviation Security Advisory Committee
  (a) Definitions.--In this section:
          (1) Advisory committee.--The term ``Advisory Committee'' 
        means the aviation security advisory committee established 
        under subsection (b).
          (2) Perimeter security.--The term ``perimeter security''--
                  (A) means procedures or systems to monitor, secure, 
                and prevent unauthorized access to an airport, 
                including its airfield and terminal; and
                  (B) includes the fence area surrounding an airport, 
                access gates, and access controls.
  (b) Establishment.--The Administrator shall establish in the 
Transportation Security Administration an aviation security advisory 
committee.
  (c) Duties.--
          (1) In general.--The Administrator shall consult the Advisory 
        Committee, as appropriate, on aviation security matters, 
        including on the development, refinement, and implementation of 
        policies, programs, rulemaking, and security directives 
        pertaining to aviation security, while adhering to sensitive 
        security guidelines.
          (2) Recommendations.--
                  (A) In general.--At the request of the Administrator, 
                the Advisory Committee shall develop recommendations 
                for improvements to aviation security.
                  (B) Recommendations of subcommittees.--
                Recommendations agreed on by the subcommittees 
                established under this section shall be approved by the 
                Advisory Committee before transmission to the 
                Administrator.
          (3) Periodic reports.--The Advisory Committee shall 
        periodically submit to the Administrator--
                  (A) reports on matters identified by the 
                Administrator; and
                  (B) reports on other matters identified by a majority 
                of the members of the Advisory Committee.
          (4) Annual report.--The Advisory Committee shall submit to 
        the Administrator an annual report providing information on the 
        activities, findings, and recommendations of the Advisory 
        Committee, including its subcommittees, for the preceding year. 
        Not later than 6 months after the date that the Administrator 
        receives the annual report, the Administrator shall publish a 
        public version describing the Advisory Committee's activities 
        and such related matters as would be informative to the public 
        consistent with the policy of section 552(b) of title 5.
          (5) Feedback.--Not later than 90 days after receiving 
        recommendations transmitted by the Advisory Committee under 
        paragraph (4), the Administrator shall respond in writing to 
        the Advisory Committee with feedback on each of the 
        recommendations, an action plan to implement any of the 
        recommendations with which the Administrator concurs, and a 
        justification for why any of the recommendations have been 
        rejected.
          (6) Congressional notification.--Not later than 30 days after 
        providing written feedback to the Advisory Committee under 
        paragraph (5), the Administrator shall notify the Committee on 
        Commerce, Science, and Transportation of the Senate and the 
        Committee on Homeland Security of the House of Representatives 
        on the feedback, and provide a briefing on request.
          (7) Report to congress.--Prior to briefing the Committee on 
        Commerce, Science, and Transportation of the Senate and the 
        Committee on Homeland Security of the House of Representatives 
        under paragraph (6), the Administrator shall submit to the 
        committees a report containing information relating to the 
        recommendations transmitted by the Advisory Committee in 
        accordance with paragraph (4).
  (d) Membership.--
          (1) In general.--
                  (A) Appointment.--The Administrator shall appoint the 
                members of the Advisory Committee.
                  (B) Composition.--The Advisory Committee consists of 
                individuals representing not more than 34 member 
                organizations. Each organization shall be represented 
                by 1 individual (or the individual's designee).
                  (C) Representation.--The membership of the Advisory 
                Committee shall include representatives of--
                          (i) air carriers;
                          (ii) all-cargo air transportation;
                          (iii) indirect air carriers;
                          (iv) labor organizations representing air 
                        carrier employees;
                          (v) labor organizations representing 
                        transportation security officers;
                          (vi) aircraft manufacturers;
                          (vii) airport operators;
                          (viii) airport construction and maintenance 
                        contractors;
                          (ix) labor organizations representing 
                        employees of airport construction and 
                        maintenance contractors;
                          (x) general aviation;
                          (xi) privacy organizations;
                          (xii) the travel industry;
                          (xiii) airport-based businesses (including 
                        minority-owned small businesses);
                          (xiv) businesses that conduct security 
                        screening operations at airports;
                          (xv) aeronautical repair stations;
                          (xvi) passenger advocacy groups;
                          (xvii) the aviation security technology 
                        industry (including screening technology and 
                        biometrics);
                          (xviii) victims of terrorist acts against 
                        aviation; and
                          (xix) law enforcement and security experts.
          (2) Term of office.--
                  (A) In general.--The term of each member of the 
                Advisory Committee shall be 2 years.
                  (B) Reappointment.--A member of the Advisory 
                Committee may be reappointed.
                  (C) Removal.--The Administrator may review the 
                participation of a member of the Advisory Committee and 
                remove the member for cause at any time.
          (3) Prohibition on compensation.--The members of the Advisory 
        Committee shall not receive pay, allowances, or benefits from 
        the Government by reason of their service on the Advisory 
        Committee.
          (4) Meetings.--
                  (A) In general.--The Administrator shall require the 
                Advisory Committee to meet at least semiannually and 
                may convene additional meetings as necessary.
                  (B) Public meetings.--At least 1 of the meetings 
                described in subparagraph (A) shall be open to the 
                public.
                  (C) Attendance.--The Advisory Committee shall 
                maintain a record of the individuals present at each 
                meeting.
          (5) Member access to sensitive security information.--Not 
        later than 60 days after the date of a member's appointment, 
        the Administrator shall determine if there is cause for the 
        member to be restricted from possessing sensitive security 
        information. Without that cause, and on the member voluntarily 
        signing a non-disclosure agreement, the member may be granted 
        access to sensitive security information that is relevant to 
        the member's advisory duties. The member shall protect the 
        sensitive security information in accordance with part 1520 of 
        title 49, Code of Federal Regulations.
          (6) Chair.--A stakeholder representative on the Advisory 
        Committee who is elected by the appointed membership of the 
        Advisory Committee shall chair the Advisory Committee.
  (e) Subcommittees.--
          (1) Membership.--The Advisory Committee chairperson, in 
        coordination with the Administrator, may establish in the 
        Advisory Committee any subcommittee that the Administrator and 
        Advisory Committee determine to be necessary. The Administrator 
        and the Advisory Committee shall create subcommittees to 
        address aviation security issues, including the following:
                  (A) The implementation of the air cargo security 
                programs established by the Transportation Security 
                Administration to screen air cargo on passenger 
                aircraft and all-cargo aircraft in accordance with 
                established cargo screening mandates.
                  (B) General aviation facilities, general aviation 
                aircraft, and helicopter operations at general aviation 
                and commercial service airports.
                  (C) Recommendations on airport perimeter security, 
                exit lane security, and technology at commercial 
                service airports, and access control issues.
                  (D) Security technology standards and requirements, 
                including their harmonization internationally, 
                technology to screen passengers, passenger baggage, 
                carry-on baggage, and cargo, and biometric technology.
          (2) Consideration of risk-based security.--All subcommittees 
        established by the Advisory Committee chairperson in 
        coordination with the Administrator shall consider risk-based 
        security approaches in the performance of their functions that 
        weigh the optimum balance of costs and benefits in 
        transportation security, including for passenger screening, 
        baggage screening, air cargo security policies, and general 
        aviation security matters.
          (3) Meetings and reporting.--Each subcommittee shall meet at 
        least quarterly and submit to the Advisory Committee for 
        inclusion in the annual report required under subsection (c)(4) 
        information, including recommendations, regarding issues in the 
        subcommittee.
          (4) Co-chairs.--Each subcommittee shall be co-chaired by a 
        Government official and an industry official.
          (5) Subject matter experts.--Each subcommittee shall include 
        subject matter experts with relevant expertise who are 
        appointed by the respective subcommittee co-chairs.
  (f) Nonapplicability of FACA.--The Federal Advisory Committee Act (5 
U.S.C. App.) shall not apply to the Advisory Committee and its 
subcommittees.

SEC. 4. CONFORMING AMENDMENTS.

  (a) Title 5, United States Code.--Section 8331(3)(E)(ii) of title 5, 
United States Code, is amended by striking ``Department of 
Transportation'' and inserting ``Department of Homeland Security''.
  (b) Title 6, United States Code.--Chapter 409 of title 6, United 
States Code, as enacted by section 3, is amended as follows:
          (1) Insert after section 40922(c)(4) the following:
  ``(d) Security and Research and Development Activities.--
          ``(1) General requirements.--The Administrator shall conduct 
        research (including behavioral research) and development 
        activities appropriate to develop, modify, test, and evaluate a 
        system, procedure, facility, or device to protect passengers 
        and property against acts of criminal violence, aircraft 
        piracy, and terrorism, and to ensure security.
          ``(2) Transfers of duties and powers prohibited.--Except as 
        otherwise provided by law, the Administrator may not transfer a 
        duty or power under this subsection to another department, 
        agency, or instrumentality of the United States Government.''.
          (2) Insert after section 40961 the following:
``Sec. 40962. General authority; indemnification
  ``(a) General Authority.--The Administrator may take action the 
Administrator considers necessary to carry out this chapter, including 
conducting investigations, prescribing regulations, standards, and 
procedures, and issuing orders.
  ``(b) Indemnification.--The Administrator may indemnify an officer or 
employee of the Transportation Security Administration against a claim 
or judgment arising out of an act under this chapter that the 
Administrator decides was committed within the scope of the official 
duties of the officer or employee.
``Sec. 40963. Withholding information
  ``(a) Objections to Disclosure.--
          ``(1) In general.--A person may object to the public 
        disclosure of information--
                  ``(A) in a record filed under this chapter; or
                  ``(B) obtained under this chapter by the Secretary.
          ``(2) Form of objection; action by secretary.--An objection 
        must be in writing and must state the reasons for the 
        objection. The Secretary shall order the information withheld 
        from public disclosure when the Secretary decides that 
        disclosure of the information would--
                  ``(A) prejudice the United States Government in 
                preparing and presenting its position in international 
                negotiations; or
                  ``(B) have an adverse effect on the competitive 
                position of an air carrier in foreign air 
                transportation.
  ``(b) Withholding Information From Congress.--This section does not 
authorize information to be withheld from a committee of Congress 
authorized to have the information.''.
          (3) In the analysis for chapter 409, insert after the item 
        relating to 40961 the following:
``40962.  General authority; indemnification.
``40963.  Withholding information.''.
          (4) Insert after section 40963, as added by paragraph (2), 
        the following:

            ``Subchapter IV--Investigations and Proceedings

``Sec. 40981. Complaints and investigations
  ``(a) In General.--
          ``(1) Filing complaint.--A person may file a complaint in 
        writing with the Administrator about a person violating this 
        chapter or a requirement prescribed under this chapter. Except 
        as provided in subsection (b), the Administrator shall 
        investigate the complaint if a reasonable ground appears to the 
        Administrator for the investigation.
          ``(2) Conducting investigation.--On the initiative of the 
        Administrator, the Administrator may conduct an investigation, 
        if a reasonable ground appears to the Administrator for the 
        investigation, about--
                  ``(A) a person violating this chapter or a 
                requirement prescribed under this chapter; or
                  ``(B) any question that may arise under this chapter.
          ``(3) Dismissal of complaint.--The Administrator may dismiss 
        a complaint without a hearing when the Administrator is of the 
        opinion that the complaint does not state facts that warrant an 
        investigation or action.
          ``(4) Hearings and orders.--After notice and an opportunity 
        for a hearing and subject to section 40105(b) of title 49, the 
        Administrator shall issue an order to compel compliance with 
        this chapter if the Administrator finds in an investigation 
        under this subsection that a person is violating this chapter.
  ``(b) Complaints Against Members of Armed Forces.--The Administrator 
shall refer a complaint against a member of the armed forces of the 
United States performing official duties to the Secretary of the 
department concerned for action. Not later than 90 days after receiving 
the complaint, the Secretary of that department shall inform the 
Administrator of the action taken on the complaint, including any 
corrective or disciplinary action taken.
``Sec. 40982. Proceedings
  ``(a) Conducting Proceedings.--Subject to subchapter II of chapter 5 
of title 5, the Administrator may conduct proceedings in a way 
conducive to justice and the proper dispatch of business.
  ``(b) Appearance.--A person may appear and be heard before the 
Administrator in person or by an attorney.
  ``(c) Recording and Public Access.--Official action taken by the 
Administrator under this chapter shall be recorded. Proceedings before 
the Administrator shall be open to the public on the request of an 
interested party unless the Administrator decides that secrecy is 
required because of national defense.
  ``(d) Conflicts of Interest.--The Administrator or an officer or 
employee of the Transportation Security Administration may not 
participate in a proceeding referred to in subsection (a) of this 
section in which the individual has a pecuniary interest.
``Sec. 40983. Service of notice, process, and actions
  ``(a) Designating Agents.--
          ``(1) In general.--Each air carrier and foreign air carrier 
        shall designate an agent on whom service of notice and process 
        in a proceeding before, and an action of, the Administrator, 
        may be made.
          ``(2) Form of designation; changes.--The designation--
                  ``(A) shall be in writing and filed with the 
                Administrator; and
                  ``(B) may be changed in the same way as originally 
                made.
  ``(b) Service.--
          ``(1) Method of service.--Service may be made--
                  ``(A) by personal service;
                  ``(B) on a designated agent; or
                  ``(C) by certified or registered mail to the person 
                to be served or the designated agent of the person.
          ``(2) Date of service.--The date of service made by certified 
        or registered mail is the date of mailing.
  ``(c) Serving Agents.--Service on an agent designated under this 
section shall be made at the office or usual place of residence of the 
agent. If an air carrier or foreign air carrier does not have a 
designated agent, service may be made by posting the notice, process, 
or action in the office of the Administrator.
``Sec. 40984. Evidence
  ``(a) In General.--In conducting a hearing or investigation under 
this chapter, the Administrator may--
          ``(1) subpena witnesses and records related to a matter 
        involved in the hearing or investigation from any place in the 
        United States to the designated place of the hearing or 
        investigation;
          ``(2) administer oaths;
          ``(3) examine witnesses; and
          ``(4) receive evidence at a place in the United States the 
        Administrator designates.
  ``(b) Compliance with Subpenas.--If a person disobeys a subpena, the 
Administrator or a party to a proceeding before the Administrator may 
petition a court of the United States to enforce the subpena. A 
judicial proceeding to enforce a subpena under this section may be 
brought in the jurisdiction in which the proceeding or investigation is 
conducted. The court may punish a failure to obey an order of the court 
to comply with the subpena as a contempt of court.
  ``(c) Depositions.--
          ``(1) In general.--In a proceeding or investigation, the 
        Administrator may order a person to give testimony by 
        deposition and to produce records. If a person fails to be 
        deposed or to produce records, the order may be enforced in the 
        same way a subpena may be enforced under subsection (b) of this 
        section.
          ``(2) Taking of deposition.--A deposition may be taken before 
        an individual designated by the Administrator and having the 
        power to administer oaths.
          ``(3) Notice requirements.--Before taking a deposition, the 
        party or the attorney of the party proposing to take the 
        deposition must give reasonable notice in writing to the 
        opposing party or the attorney of record of that party. The 
        notice shall state the name of the witness and the time and 
        place of taking the deposition.
          ``(4) Deposition process.--The testimony of a person deposed 
        under this subsection shall be under oath. The person taking 
        the deposition shall prepare, or cause to be prepared, a 
        transcript of the testimony taken. The transcript shall be 
        subscribed by the deponent. Each deposition shall be filed 
        promptly with the Administrator.
          ``(5) Depositions abroad.--If the laws of a foreign country 
        allow, the testimony of a witness in that country may be taken 
        by deposition--
                  ``(A) by a consular officer or an individual 
                commissioned by the Administrator or agreed on by the 
                parties by written stipulation filed with the 
                Administrator; or
                  ``(B) under letters rogatory issued by a court of 
                competent jurisdiction at the request of the 
                Administrator.
  ``(d) Witness Fees and Mileage and Certain Foreign Country 
Expenses.--A witness summoned before the Administrator or whose 
deposition is taken under this section and the individual taking the 
deposition are each entitled to the same fee and mileage that the 
witness and individual would have been paid for those services in a 
court of the United States. Under regulations of the Administrator, the 
Administrator shall pay the necessary expenses incident to executing, 
in another country, a commission or letter rogatory issued at the 
initiative of the Administrator.
  ``(e) Designating Employees to Conduct Hearings.--When designated by 
the Administrator, an employee appointed under section 3105 of title 5 
may conduct a hearing, subpena witnesses, administer oaths, examine 
witnesses, and receive evidence at a place in the United States the 
Administrator designates. On request of a party, the Administrator 
shall hear or receive argument.
``Sec. 40985. Regulations and orders
  ``(a) Effectiveness of Orders.--Except as provided in this chapter, a 
regulation prescribed or order issued by the Administrator takes effect 
within a reasonable time prescribed by the Administrator. The 
regulation or order remains in effect under its own terms or until 
superseded. Except as provided in this chapter, the Administrator may 
amend, modify, or suspend an order in the way, and by giving the 
notice, that the Administrator decides.
  ``(b) Contents and Service of Orders.--An order of the Administrator 
shall include the findings of fact on which the order is based and 
shall be served on the parties to the proceeding and the persons 
affected by the order.
``Sec. 40986. Enforcement by the Department
  ``The Administrator may bring a civil action against a person in a 
district court of the United States to enforce this chapter or a 
requirement or regulation prescribed or order issued under this 
chapter. The action may be brought in the judicial district in which 
the person does business or the violation occurred.
``Sec. 40987. Enforcement by Attorney General
  ``(a) In General.--On request of the Administrator, the Attorney 
General may bring a civil action in an appropriate court--
          ``(1) to enforce this chapter or a requirement or regulation 
        prescribed or order issued under this chapter; and
          ``(2) to prosecute a person violating this chapter or a 
        requirement or regulation prescribed or order issued under this 
        chapter.
  ``(b) Costs and Expenses Paid Out of Appropriations for Court 
Expenses.--The costs and expenses of a civil action under this chapter 
shall be paid out of the appropriations for the expenses of the courts 
of the United States.
  ``(c) Participation of Administrator.--On request of the Attorney 
General, the Administrator may participate in a civil action under this 
chapter.
``Sec. 40988. Joinder and intervention
  ``A person interested in or affected by a matter under consideration 
in a proceeding before the Administrator, a civil action to enforce 
this chapter, or a requirement or regulation prescribed or order issued 
under this chapter may be joined as a party or permitted to intervene 
in the proceeding or civil action.
``Sec. 40989. Judicial review
  ``(a) Filing and Venue.--A person disclosing a substantial interest 
in an order issued by the Administrator, in whole or in part under this 
chapter or sections 11307 or 11314 of this title, may apply for review 
of the order by filing a petition for review in the United States Court 
of Appeals for the District of Columbia Circuit or in the court of 
appeals of the United States for the circuit in which the person 
resides or has its principal place of business. The petition must be 
filed not later than 60 days after the order is issued. The court may 
allow the petition to be filed after the 60th day only if there are 
reasonable grounds for not filing by the 60th day.
  ``(b) Judicial Procedures.--When a petition is filed under subsection 
(a), the clerk of the court immediately shall send a copy of the 
petition to the Administrator. The Administrator shall file with the 
court a record of any proceeding in which the order was issued, as 
provided in section 2112 of title 28.
  ``(c) Authority of Court.--When the petition is sent to the 
Administrator, the court has exclusive jurisdiction to affirm, amend, 
modify, or set aside any part of the order and may order the 
Administrator to conduct further proceedings. After reasonable notice 
to the Administrator, the court may grant interim relief by staying the 
order or taking other appropriate action when good cause for its action 
exists. Findings of fact by the Administrator, if supported by 
substantial evidence, are conclusive.
  ``(d) Requirement for Prior Objection.--In reviewing an order under 
this section, the court may consider an objection to an order of the 
Administrator only if the objection was made in the proceeding 
conducted by the Administrator or if there was a reasonable ground for 
not making the objection in the proceeding.
  ``(e) Supreme Court Review.--A decision by a court under this section 
may be reviewed only by the Supreme Court under section 1254 of title 
28.''.
          (5) In the analysis for chapter 409, as amended by paragraph 
        (3), 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.''.
  (c) Title 18, United States Code.--
          (1) In general.--Title 18, United States Code is amended by 
        adding at the end of part I the following:

               ``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.
``Sec. 2741. Reporting and recordkeeping violations
  ``An air carrier or an officer, agent, or employee of an air carrier 
shall be fined under this title for intentionally--
          ``(1) failing to make a report or keep a record under chapter 
        409 of title 6;
          ``(2) falsifying, mutilating, or altering a report or record 
        under chapter 409 of title 6; or
          ``(3) filing a false report or record under chapter 409 of 
        title 6.
``Sec. 2742. Unlawful disclosure of information
  ``(a) Criminal Penalty.--The Administrator of the Transportation 
Security Administration, or an officer or employee of the 
Administration, shall be fined under this title, imprisoned for not 
more than 2 years, or both, if the Administrator, officer, or employee 
knowingly and willfully discloses information that--
          ``(1) the Administrator, officer, or employee acquires when 
        inspecting the records of an air carrier; or
          ``(2) is withheld from public disclosure under section 40963 
        of title 6.
  ``(b) Nonapplication.--Subsection (a) does not apply if--
          ``(1) the officer or employee is directed by the 
        Administrator to disclose information that the Administrator 
        had ordered withheld; or
          ``(2) the Administrator, officer, or employee is directed by 
        a court of competent jurisdiction to disclose the information.
  ``(c) Withholding Information From Congress.--This section does not 
authorize the Administrator to withhold information from a committee of 
Congress authorized to have the information.
``Sec. 2743. Refusing to appear or produce records
  ``A person not obeying a subpena or requirement of the Administrator 
of the Transportation Security Administration to appear and testify or 
produce records shall be fined under this title, imprisoned for not 
more than 1 year, or both.
``Sec. 2744. Entering aircraft or airport area in violation of security 
                    requirements
  ``(a) Prohibition.--A person may not knowingly and willfully enter, 
in violation of security requirements prescribed under section 40911, 
40913(b) or (c), or 40916 of title 6, an aircraft or an airport area 
that serves an air carrier or foreign air carrier.
  ``(b) Criminal Penalty.--
          ``(1) In general.--A person violating subsection (a) shall be 
        fined under this title, imprisoned for not more than 1 year, or 
        both.
          ``(2) Increased penalty.--A person violating subsection (a) 
        with intent to evade security procedures or restrictions or 
        with intent to commit, in the aircraft or airport area, a 
        felony under a law of the United States or a State shall be 
        fined under this title, imprisoned for not more than 10 years, 
        or both.
  ``(c) Notice of penalties.--
          ``(1) Signs.--Each operator of an airport in the United 
        States that is required to establish an air transportation 
        security program under section 40913(c) of title 6 shall ensure 
        that signs that meet requirements the Secretary of Homeland 
        Security may prescribe for providing notice of the penalties 
        imposed under subsection (b) and section 4201(b)(4)(A) of title 
        28 are displayed near all screening locations, all locations 
        where passengers exit the sterile area, and other locations at 
        the airport that the Secretary of Homeland Security determines 
        appropriate.
          ``(2) Effect of signs on penalties.--An individual is subject 
        to a penalty imposed under subsection (b) or section 
        4201(b)(4)(A) of title 28 without regard to whether signs are 
        displayed at an airport as required by paragraph (1).
``Sec. 2745. General criminal penalty when specific penalty not 
                    provided
  ``When another criminal penalty is not provided under chapter 409 of 
title 6, a person that knowingly and willfully violates section 40912, 
40913(d), 40914, 40917, 40918, or 40919 of title 6, or a regulation 
prescribed or order issued by the Administrator of the Transportation 
Security Administration under section 40912, 40913(d), 40914, 40917, 
40918, or 40919 of title 6, shall be fined under this title. A separate 
violation occurs for each day the violation continues.

   ``CHAPTER 127--SPECIAL AIRCRAFT JURISDICTION OF 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.
``Sec. 2761. Definitions
  ``In this subchapter:
          ``(1) Aircraft in flight.--The term `aircraft in flight' 
        means an aircraft from the moment all external doors are closed 
        following boarding--
                  ``(A) through the moment when one external door is 
                opened to allow passengers to leave the aircraft; or
                  ``(B) until, if a forced landing, competent 
                authorities take over responsibility for the aircraft 
                and individuals and property on the aircraft.
          ``(2) Commit an offense.--The term `commit an offense' means, 
        in the case of an individual and for the purposes of the 
        Convention for the Suppression of Unlawful Seizure of Aircraft, 
        when the individual, when on an aircraft in flight--
                  ``(A) by any form of intimidation, unlawfully seizes, 
                exercises control of, or attempts to seize or exercise 
                control of, the aircraft; or
                  ``(B) is an accomplice of an individual referred to 
                in subparagraph (A).
          ``(3) Special aircraft jurisdiction of the united states.--
        The term `special aircraft jurisdiction of the United States' 
        includes any of the following aircraft in flight:
                  ``(A) A civil aircraft of the United States.
                  ``(B) An aircraft of the armed forces of the United 
                States.
                  ``(C) Another aircraft in the United States.
                  ``(D) Another aircraft outside the United States--
                          ``(i) that has its next scheduled destination 
                        or last place of departure in the United 
                        States, if the aircraft next lands in the 
                        United States;
                          ``(ii) on which an individual commits an 
                        offense (as specified in the Convention for the 
                        Suppression of Unlawful Seizure of Aircraft) if 
                        the aircraft lands in the United States with 
                        the individual still on the aircraft; or
                          ``(iii) against which an individual commits 
                        an offense (as specified in subsection (d) or 
                        (e) of article I, section I of the Convention 
                        for the Suppression of Unlawful Acts against 
                        the Safety of Civil Aviation) if the aircraft 
                        lands in the United States with the individual 
                        still on the aircraft.
                  ``(E) Any other aircraft leased without crew to a 
                lessee whose principal place of business is in the 
                United States or, if the lessee does not have a 
                principal place of business, whose permanent residence 
                is in the United States.
``Sec. 2762. Aircraft piracy
  ``(a) Aircraft Piracy in Special Aircraft Jurisdiction.--
          ``(1) Definition of aircraft piracy.--In this subsection, the 
        term `aircraft piracy' means seizing or exercising control of 
        an aircraft in the special aircraft jurisdiction of the United 
        States by force, violence, threat of force or violence, or any 
        form of intimidation, and with wrongful intent.
          ``(2) When attempt to commit aircraft piracy deemed to be in 
        special aircraft jurisdiction.--An attempt to commit aircraft 
        piracy is deemed to be in the special aircraft jurisdiction of 
        the United States, although the aircraft is not in flight at 
        the time of the attempt, if the aircraft would have been in the 
        special aircraft jurisdiction of the United States had the 
        aircraft piracy been completed.
          ``(3) Criminal penalty.--An individual committing or 
        attempting or conspiring to commit aircraft piracy--
                  ``(A) shall be imprisoned for at least 20 years; or
                  ``(B) notwithstanding section 3559(b) of this title, 
                if the death of another individual results from the 
                commission or attempt, shall be put to death or 
                imprisoned for life.
  ``(b) Aircraft Piracy Outside Special Aircraft Jurisdiction.--
          ``(1) Definition of national of the united states.--In this 
        subsection, the term `national of the United States' has the 
        meaning given the term in section 101(a) of the Immigration and 
        Nationality Act (8 U.S.C. 1101(a)).
          ``(2) Criminal penalty.--An individual committing or 
        conspiring to commit an offense (as specified in the Convention 
        for the Suppression of Unlawful Seizure of Aircraft) on an 
        aircraft in flight outside the special aircraft jurisdiction of 
        the United States--
                  ``(A) shall be imprisoned for at least 20 years; or
                  ``(B) notwithstanding section 3559(b) of this title, 
                if the death of another individual results from the 
                commission or attempt, shall be put to death or 
                imprisoned for life.
          ``(3) Jurisdiction.--There is jurisdiction over the offense 
        in paragraph (2) if--
                  ``(A) a national of the United States was aboard the 
                aircraft;
                  ``(B) an offender is a national of the United States; 
                or
                  ``(C) an offender is afterwards found in the United 
                States.
``Sec. 2763. Interference with security screening personnel
  ``An individual in an area in a commercial service airport in the 
United States who, by assaulting a Federal, airport, or air carrier 
employee who has security duties in the airport, interferes with the 
performance of the duties of the employee or lessens the ability of the 
employee to perform those duties shall be fined under this title, 
imprisoned for not more than 10 years, or both. If the individual uses 
a dangerous weapon in committing the assault or interference, the 
individual may be imprisoned for any term of years or for life.
``Sec. 2764. Interference with flight crew members and attendants
  ``An individual on an aircraft in the special aircraft jurisdiction 
of the United States who, by assaulting or intimidating a flight crew 
member or flight attendant of the aircraft, interferes with the 
performance of the duties of the member or attendant or lessens the 
ability of the member or attendant to perform those duties, or attempts 
or conspires to do such an act, shall be fined under this title, 
imprisoned for not more than 20 years, or both. If a dangerous weapon 
is used in assaulting or intimidating the member or attendant, the 
individual shall be imprisoned for any term of years or for life.
``Sec. 2765. Carrying a weapon or explosive on an aircraft
  ``(a) Definition of loaded firearm.--In this section, the term 
`loaded firearm' means a starter gun or a weapon designed or converted 
to expel a projectile through an explosive, that has a cartridge, a 
detonator, or powder in the chamber, magazine, cylinder, or clip.
  ``(b) General Criminal Penalty.--An individual shall be fined under 
this title, imprisoned for not more than 10 years, or both, if the 
individual--
          ``(1) when on, or attempting to get on, an aircraft in, or 
        intended for operation in, air transportation or intrastate air 
        transportation, has on or about the individual or the property 
        of the individual a concealed dangerous weapon that is or would 
        be accessible to the individual in flight;
          ``(2) has placed, attempted to place, or attempted to have 
        placed a loaded firearm on that aircraft in property not 
        accessible to passengers in flight; or
          ``(3) has on or about the individual, or has placed, 
        attempted to place, or attempted to have placed on that 
        aircraft, an explosive or incendiary device.
  ``(c) Criminal Penalty Involving Disregard for Human Life.--An 
individual who willfully and without regard for the safety of human 
life, or with reckless disregard for the safety of human life, violates 
subsection (b) shall be fined under this title, imprisoned for not more 
than 20 years, or both, and, if death results to any person, shall be 
imprisoned for any term of years or for life.
  ``(d) Nonapplication.--Subsection (b)(1) does not apply to--
          ``(1) a law enforcement officer of a State or political 
        subdivision of a State, or an officer or employee of the United 
        States Government, authorized to carry arms in an official 
        capacity;
          ``(2) another individual the Administrator of the 
        Transportation Security Administration by regulation authorizes 
        to carry a dangerous weapon in air transportation or intrastate 
        air transportation; or
          ``(3) an individual transporting a weapon (except a loaded 
        firearm) in baggage not accessible to a passenger in flight if 
        the air carrier was informed of the presence of the weapon.
  ``(e) Conspiracy.--If 2 or more individuals conspire to violate 
subsection (b) or (c), and any of the individuals does any act to 
effect the object of the conspiracy, each of the parties to the 
conspiracy shall be punished as provided in subsection (b) or (c).
``Sec. 2766. Application of certain criminal laws to acts on an 
                    aircraft
  ``An individual on an aircraft in the special aircraft jurisdiction 
of the United States who commits an act that--
          ``(1) if committed in the special maritime and territorial 
        jurisdiction of the United States (as defined in section 7 of 
        this title) would violate section 113, 114, 661, 662, 1111, 
        1112, 1113, or 2111 or chapter 109A of this title, shall be 
        fined under this title, imprisoned under that section or 
        chapter, or both; or
          ``(2) if committed in the District of Columbia would violate 
        section 9 of the Act of July 29, 1892 (D.C. Code 22-1312), 
        shall be fined under this title, imprisoned under section 9 of 
        the Act, or both.
``Sec. 2767. False information and threats
  ``An individual shall be fined under this title, imprisoned for not 
more than 5 years, or both, if the individual--
          ``(1) knowing the information to be false, willfully and 
        maliciously or with reckless disregard for the safety of human 
        life, gives, or causes to be given, under circumstances in 
        which the information reasonably may be believed, false 
        information about an alleged attempt being made or to be made 
        to do an act that would violate section 2762(a), 2764, 2765, or 
        2766 of this title; or
          ``(2) threatens to violate section 2762(a), 2764, 2765, or 
        2766 of this title, or causes a threat to violate any of those 
        sections to be made, and has the apparent determination and 
        will to carry out the threat.''.
          (2) Table of contents.--The table of contents of part I of 
        title 18, United States Code, is amended by adding at the end 
        the following:

Air Transportation Security.........................................2741
Special Aircraft Jurisdiction of the United States...............2761''.
  (d) Title 28, United States Code.--
          (1) In general.--Part VI of title 28, United States Code, is 
        amended by adding after section 4105 the following:

               ``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.
``Sec. 4201. Civil penalties
  ``(a) Definition of Small Business Concern.--In this section, the 
term `small business concern' has the meaning given the term in section 
3 of the Small Business Act (15 U.S.C. 632).
  ``(b) General Penalty.--
          ``(1) Chapter 409 violations; regulation violations.--A 
        person is liable to the United States Government for a civil 
        penalty of not more than $25,000 (or $1,100 if the person is an 
        individual or small business concern) for violating--
                  ``(A) chapter 409 (except sections 40912, 40913(d), 
                40914, 40917 (a) through (d)(1)(A) and (1)(C) through 
                (f), and 40918) of title 6; or
                  ``(B) a regulation prescribed or order issued under 
                any provision to which subparagraph (A) applies.
          ``(2) Separate violations.--A separate violation occurs under 
        this subsection for each day the violation continues or, if 
        applicable, for each flight involving the violation.
          ``(3) Aviation security violations.--Notwithstanding 
        paragraph (1) of this subsection, the maximum civil penalty for 
        violating chapter 409 of title 6 shall be $10,000; except that 
        the maximum civil penalty shall be $25,000 in the case of a 
        person operating an aircraft for the transportation of 
        passengers or property for compensation (except an individual 
        serving as an airman).
          ``(4) Penalties applicable to individuals and small business 
        concerns.--An individual (except an airman serving as an 
        airman) or small business concern is liable to the Government 
        for a civil penalty of not more than $10,000 for violating--
                  ``(A) chapter 409 (except sections 40912, 40913(d), 
                40914, and 40917 through 40919) of title 6; or
                  ``(B) a regulation prescribed or order issued under 
                any provision to which subparagraph (A) applies.
          ``(5) Failure to collect airport security badges.--
        Notwithstanding paragraph (1), an employer (other than a 
        governmental entity or airport operator) who employs an 
        employee to whom an airport security badge or other identifier 
        used to obtain access to a secure area of an airport is issued 
        and who does not collect or make reasonable efforts to collect 
        the badge from the employee on the date that the employment of 
        the employee is terminated and does not notify the operator of 
        the airport of the termination within 24 hours of the date of 
        the termination is liable to the Government for a civil penalty 
        not to exceed $10,000.
  ``(c) Procedural Requirements.--
          ``(1) In general.--The Secretary of Homeland Security may 
        impose a civil penalty for the following violations only after 
        notice and an opportunity for a hearing:
                  ``(A) A violation of section 40919 of title 6.
                  ``(B) A violation of a regulation prescribed or order 
                issued under any provision to which subparagraph (A) of 
                this paragraph applies.
          ``(2) Written notice.--The Secretary of Homeland Security 
        shall give written notice of the finding of a violation and the 
        civil penalty under paragraph (1) of this subsection.
  ``(d) Administrative Imposition of Penalties.--
          ``(1) Definitions.--In this subsection:
                  ``(A) Flight engineer.--The term `flight engineer' 
                means an individual who holds a flight engineer 
                certificate issued under part 63 of title 14, Code of 
                Federal Regulations.
                  ``(B) Mechanic.--The term `mechanic' means an 
                individual who holds a mechanic certificate issued 
                under part 65 of title 14, Code of Federal Regulations.
                  ``(C) Pilot.--The term `pilot' means an individual 
                who holds a pilot certificate issued under part 61 of 
                title 14, Code of Federal Regulations.
                  ``(D) Repairman.--The term `repairman' means an 
                individual who holds a repairman certificate issued 
                under part 65 of title 14, Code of Federal Regulations.
          ``(2) Penalty coverage.--
                  ``(A) In general.--The Secretary of Homeland Security 
                may impose a civil penalty for a violation of chapter 
                409 (except sections 40912, 40913(d), 40917 (a) through 
                (d)(1)(A) and (1)(C) through (f), 40918, and 40919) of 
                title 6.
                  ``(B) Written notice.--The Secretary of Homeland 
                Security shall give written notice of the finding of a 
                violation and the penalty.
                  ``(C) Exception.--In the case of a violation of 
                section 4202 of this title or a regulation prescribed 
                or order issued under that provision, a penalty may not 
                be imposed under this subsection for a violation 
                relating to section 2764 of title 18.
          ``(3) Limit on reexamination.--In a civil action to collect a 
        civil penalty imposed by the Secretary of Homeland Security 
        under this subsection, the issues of liability and the amount 
        of the penalty may not be reexamined.
          ``(4) District court jurisdiction.--Notwithstanding paragraph 
        (2) of this subsection, the district courts of the United 
        States have exclusive jurisdiction of a civil action involving 
        a penalty the Secretary of Homeland Security initiates if--
                  ``(A) the amount in controversy is more than--
                          ``(i) $50,000 if the violation was committed 
                        by any person before December 12, 2003;
                          ``(ii) $400,000 if the violation was 
                        committed by a person other than an individual 
                        or small business concern on or after that 
                        date; or
                          ``(iii) $50,000 if the violation was 
                        committed by an individual or small business 
                        concern on or after that date;
                  ``(B) the action is in rem or another action in rem 
                based on the same violation has been brought;
                  ``(C) the action involves an aircraft subject to a 
                lien that has been seized by the Government; or
                  ``(D) another action has been brought for an 
                injunction based on the same violation.
          ``(5) Maximum penalty.--The maximum civil penalty the 
        Secretary of Homeland Security may impose under this subsection 
        is--
                  ``(A) $50,000 if the violation was committed by any 
                person before December 12, 2003;
                  ``(B) $400,000 if the violation was committed by a 
                person other than an individual or small business 
                concern on or after that date; or
                  ``(C) $50,000 if the violation was committed by an 
                individual or small business concern on or after that 
                date.
          ``(6) Limitation.--This subsection applies only to a 
        violation occurring after August 25, 1992.
  ``(e) Compromise and Setoff.--
          ``(1) Compromise.--The Secretary of Homeland Security may 
        compromise the amount of a civil penalty imposed for 
        violating--
                  ``(A) chapter 409 (except sections 40912, 40913(d), 
                40914, 40917(a) through (d)(1)(A) and (1)(C) through 
                (f), 40918, and 40919) of title 6; or
                  ``(B) a regulation prescribed or order issued under 
                any provision to which subparagraph (A) of this 
                paragraph applies.
          ``(2) Setoff.--The United States Government may deduct the 
        amount of a civil penalty imposed or compromised under this 
        subsection from amounts it owes the person liable for the 
        penalty.
  ``(f) Judicial Review.--An order of the Secretary of Homeland 
Security imposing a civil penalty may be reviewed judicially only under 
section 40989 of title 6.
  ``(g) Nonapplication.--
          ``(1) In general.--This section does not apply to the 
        following when performing official duties:
                  ``(A) A member of the armed forces of the United 
                States.
                  ``(B) A civilian employee of the Department of 
                Defense subject to the Uniform Code of Military 
                Justice.
          ``(2) Report on action taken.--The appropriate military 
        authority is responsible for taking necessary disciplinary 
        action and submitting to the Secretary of Homeland Security a 
        timely report on action taken.
``Sec. 4202. False information
  ``(a) Civil Penalty.--A person that, knowing the information to be 
false, gives, or causes to be given, under circumstances in which the 
information reasonably may be believed, false information about an 
alleged attempt being made or to be made to do an act that would 
violate section 2762(a), 2764, 2765, or 2766 of title 18 is liable to 
the United States Government for a civil penalty of not more than 
$10,000 for each violation.
  ``(b) Compromise and Setoff.--
          ``(1) Compromise.--The Secretary of Homeland Security may 
        compromise the amount of a civil penalty imposed under 
        subsection (a).
          ``(2) Setoff.--The United States Government may deduct the 
        amount of a civil penalty imposed or compromised under this 
        section from amounts it owes the person liable for the penalty.
``Sec. 4203. Carrying a weapon
  ``(a) Civil Penalty.--An individual who, when on, or attempting to 
board, an aircraft in, or intended for operation in, air transportation 
or intrastate air transportation, has on or about the individual or the 
property of the individual a concealed dangerous weapon that is or 
would be accessible to the individual in flight is liable to the United 
States Government for a civil penalty of not more than $10,000 for each 
violation.
  ``(b) Compromise and Setoff.--
          ``(1) Compromise.--The Secretary of Homeland Security may 
        compromise the amount of a civil penalty imposed under 
        subsection (a).
          ``(2) Setoff.--The United States Government may deduct the 
        amount of a civil penalty imposed or compromised under this 
        section from amounts it owes the individual liable for the 
        penalty.
  ``(c) Nonapplication.--This section does not apply to--
          ``(1) a law enforcement officer of a State or political 
        subdivision of a State, or an officer or employee of the United 
        States Government, authorized to carry arms in an official 
        capacity; or
          ``(2) another individual the Secretary of Homeland Security 
        or the Administrator of the Federal Aviation Administration by 
        regulation authorizes to carry arms in an official capacity.
``Sec. 4204. Interference with cabin or flight crew
  ``(a) In General.--An individual who physically assaults or threatens 
to physically assault a member of the flight crew or cabin crew of a 
civil aircraft or any other individual on the aircraft, or takes any 
action that poses an imminent threat to the safety of the aircraft or 
other individuals on the aircraft is liable to the United States 
Government for a civil penalty of not more than $25,000.
  ``(b) Compromise and Setoff.--
          ``(1) Compromise.--The Secretary of Homeland Security may 
        compromise the amount of a civil penalty imposed under this 
        section.
          ``(2) Setoff.--The United States Government may deduct the 
        amount of a civil penalty imposed or compromised under this 
        section from amounts the Government owes the person liable for 
        the penalty.
``Sec. 4205. Actions to recover civil penalties
  ``A civil penalty under this chapter may be collected by bringing a 
civil action against the person subject to the penalty, a civil action 
in rem against an aircraft subject to a lien for a penalty, or both. 
The action shall conform as nearly as practicable to a civil action in 
admiralty, regardless of the place an aircraft in a civil action in rem 
is seized. However, a party may demand a jury trial of an issue of fact 
in an action involving a civil penalty under this chapter if the value 
of the matter in controversy is more than $20. Issues of fact tried by 
a jury may be reexamined only under common law rules.''.
          (2) Table of contents.--The table of contents of part VI of 
        title 28, United States Code, is amended by adding after the 
        item for chapter 181 the following:

Air Transportation Security......................................4201''.
  (e) Title 49, United States Code.--Title 49, United States Code, is 
amended as follows:
          (1) Section 106(g) is amended to read as follows:
  ``(g) Duties and Powers of Administrator.--The Administrator shall 
carry out--
          ``(1) duties and powers of the Secretary of Transportation 
        under subsection (f) of this section related to aviation safety 
        (except those related to transportation, packaging, marking, or 
        description of hazardous material) and stated in sections 
        308(b), 1132(c) and (d), 40101(c), 40103(b), 40106(a), 40108, 
        40109(b), 40113(a), 40113(c), 40113(d), 40113(e), 40114(a), and 
        40119, chapter 445 (except sections 44501(b), 44502(a)(2), 
        44502(a)(3), 44502(a)(4), 44503, 44506, 44509, 44510, 44514, 
        and 44515), chapter 447 (except sections 44717, 44718(a), 
        44718(b), 44719, 44720, 44721(b), 44722, and 44723), chapter 
        451, chapter 453, sections 46104, 46301(d) and (h)(2), 
        46303(c), 46304-46308, 46310, 46311, and 46313-46316, chapter 
        465, and sections 47504(b) (related to flight procedures), 
        47508(a), and 48107 of this title; and
          ``(2) additional duties and powers prescribed by the 
        Secretary of Transportation.''.
          (2) Chapter 51 is amended--
                  (A) by inserting after section 5110 the following:
``Sec. 5111. Hazardous material highway route plans
  ``(a) Route Plan Guidance.--The Secretary of Transportation, in 
consultation with the Secretary of Homeland Security, shall--
          ``(1) document existing and proposed routes for the 
        transportation of radioactive and nonradioactive hazardous 
        materials by motor carrier, and develop a framework for using a 
        geographic information system-based approach to characterize 
        routes in the national hazardous materials route registry;
          ``(2) assess and characterize existing and proposed routes 
        for the transportation of radioactive and nonradioactive 
        hazardous materials by motor carrier for the purpose of 
        identifying measurable criteria for selecting routes based on 
        safety and security concerns;
          ``(3) analyze current route-related hazardous materials 
        regulations in the United States, Canada, and Mexico to 
        identify cross-border differences and conflicting regulations;
          ``(4) document the safety and security concerns of the 
        public, motor carriers, and State, local, territorial, and 
        tribal governments about the highway routing of hazardous 
        materials;
          ``(5) prepare guidance materials for State officials to 
        assist them in identifying and reducing both safety concerns 
        and security risks when designating highway routes for 
        hazardous materials consistent with the 13 safety-based 
        nonradioactive materials routing criteria and radioactive 
        materials routing criteria in subparts C and D of part 397 of 
        title 49, Code of Federal Regulations;
          ``(6) develop a tool that will enable State officials to 
        examine potential routes for the highway transportation of 
        hazardous materials, assess specific security risks associated 
        with each route, and explore alternative mitigation measures; 
        and
          ``(7) transmit to the appropriate congressional committees 
        (as defined in section 10101 of title 6) a report on the 
        actions taken to fulfill paragraphs (1) through (6) and any 
        recommended changes to the routing requirements for the highway 
        transportation of hazardous materials in part 397 of title 49, 
        Code of Federal Regulations.
  ``(b) Route Plans.--
          ``(1) Assessment.--The Secretary of Transportation shall 
        complete an assessment of the safety and national security 
        benefits achieved under existing requirements for route plans, 
        in written or electronic format, for explosives and radioactive 
        materials. The assessment shall, at a minimum--
                  ``(A) compare the percentage of Department of 
                Transportation recordable incidents and the severity of 
                the incidents for shipments of explosives and 
                radioactive materials for which route plans are 
                required with the percentage of recordable incidents 
                and the severity of the incidents for shipments of 
                explosives and radioactive materials not subject to 
                route plans; and
                  ``(B) quantify the security and safety benefits, 
                feasibility, and costs of requiring each motor carrier 
                that is required to have a hazardous material safety 
                permit under part 385 of title 49, Code of Federal 
                Regulations, to maintain, follow, and carry a route 
                plan that meets the requirements of section 397.101 of 
                that title when transporting the type and quantity of 
                hazardous materials described in section 385.403, 
                taking into account the various segments of the motor 
                carrier industry, including tank truck, truckload, and 
                less-than-truckload carriers.
          ``(2) Report.--The Secretary of Transportation shall submit a 
        report to the appropriate congressional committees containing 
        the findings and conclusions of the assessment.
  ``(c) Requirement.--The Secretary shall require a motor carrier that 
has a hazardous material safety permit under part 385 of title 49, Code 
of Federal Regulations, to maintain, follow, and carry a route plan, in 
written or electronic format, that meets the requirements of section 
397.101 of that title when transporting the type and quantity of 
hazardous materials described in section 385.403 if the Secretary 
determines, under the assessment required in subsection (b), that such 
a requirement would enhance security and safety without imposing 
unreasonable costs or burdens upon motor carriers.'';
                  (B) by inserting the following after section 5118:
``Sec. 5118a. Hazardous materials security inspections and study
  ``(a) In General.--The Secretary of Transportation shall consult with 
the Secretary of Homeland Security to limit, to the extent practicable, 
duplicative reviews of the hazardous materials security plans required 
under part 172, title 49, Code of Federal Regulations.
  ``(b) Transportation Costs Study.--The Secretary of Transportation, 
in conjunction with the Secretary of Homeland Security, shall study to 
what extent the insurance, security, and safety costs borne by railroad 
carriers, motor carriers, pipeline carriers, air carriers, and maritime 
carriers associated with the transportation of hazardous materials are 
reflected in the rates paid by offerors of the commodities as compared 
to the costs and rates, respectively, for the transportation of 
nonhazardous materials.''; and
                  (C) by amending the chapter analysis for chapter 51--
                          (i) by inserting the following after the item 
                        relating to section 5110:
``5111.  Hazardous material highway route plans.'';
and
                          (ii) by inserting the following after the 
                        item relating to section 5118:
``5118a. Hazardous materials security inspections and study.''.
          (3) Chapter 401 is amended--
                  (A) in section 40113--
                          (i) in subsection (a)--
                                  (I) by striking ``the Under Secretary 
                                of Transportation for Security with 
                                respect to security duties and powers 
                                designated to be carried out by the 
                                Under Secretary or''; and
                                  (II) by striking ``, Under 
                                Secretary,''; and
                          (ii) in subsection (d)--
                                  (I) by striking ``Under Secretary of 
                                Transportation for Security or the'';
                                  (II) by striking ``Transportation 
                                Security Administration or Federal 
                                Aviation Administration, as the case 
                                may be,'' and inserting ``Federal 
                                Aviation Administration''; and
                                  (III) by striking ``Under Secretary 
                                or Administrator, as the case may be,'' 
                                and inserting ``Administrator''; and
                  (B) in section 40119(a)--
                          (i) by striking ``Under Secretary of 
                        Transportation for Security and the''; and
                          (ii) by striking ``each''.
          (4) Chapter 461 is amended--
                  (A) by striking ``the Under Secretary of 
                Transportation for Security with respect to security 
                duties and powers designated to be carried out by the 
                Under Secretary or'' and ``, Under Secretary,'' each 
                place they appear;
                  (B) in section 46102--
                          (i) in subsection (b), by striking ``, the 
                        Under Secretary, and'' and inserting ``or''; 
                        and
                          (ii) in subsection (d), by striking ``the 
                        Under Secretary,'';
                  (C) in section 46104(b) as amended by subparagraph 
                (A), by striking ``, the Under Secretary''; and
                  (D) in section 46111--
                          (i) by striking ``Under Secretary for Border 
                        and Transportation Security of the Department 
                        of'' and inserting ``Secretary''; and
                          (ii) by striking ``Under Secretary'' each 
                        place it appears and inserting ``Secretary''.
          (5) Section 46301(d) is amended--
                  (A) in paragraph (2), by striking the last two 
                sentences and inserting ``The Administrator shall give 
                written notice of the finding of a violation and the 
                penalty.'';
                  (B) in paragraph (3), by striking ``Secretary of 
                Homeland Security or'';
                  (C) in paragraph (4), by striking ``Secretary of 
                Homeland Security or''; and
                  (D) in paragraph (8), by striking ``Under Secretary, 
                Administrator,'' and inserting ``Administrator''.
          (6) Section 46505(d)(2) is amended by striking ``Under 
        Secretary of Transportation for Security'' and inserting 
        ``Secretary of Homeland Security''.
          (7) Section 367 of Public Law 108-7 (49 U.S.C. 47110 note) is 
        amended--
                  (A) in subsection (a), by striking ``Under Secretary 
                of Transportation for Security'' and inserting 
                ``Secretary of Homeland Security''; and
                  (B) by striking ``Under Secretary'' each place it 
                appears and inserting ``Secretary''.
          (8) Chapter 483 is repealed.
          (9) The table of contents for subtitle VII of title 49, 
        United States Code, is amended as follows:
                  (A) After the item for chapter 447, strike
Security........................................................44901''.
                  (B) After the item for chapter 482, strike
Aviation Security Funding.......................................48301''.

SEC. 5. CONFORMING CROSS REFERENCES.

  (a) Title 5, United States Code.--Title 5, United States Code, is 
amended as follows:
          (1) Section 9701(g) is amended by striking ``section 842 of 
        the Homeland Security Act of 2002'' and inserting ``section 
        10352 of title 6''.
          (2) Section 10101 is amended--
                  (A) in paragraph (3), by striking ``section 602 of 
                the Post-Katrina Emergency Management Reform Act of 
                2006'' and inserting ``section 20101 of title 6''; and
                  (B) in paragraph (5), by striking ``section 624 of 
                the Post-Katrina Emergency Management Reform Act of 
                2006'' and inserting ``section 20301 of title 6''.
          (3) Section 10103(b) is amended by striking ``section 844 of 
        the Homeland Security Act of 2002'' and inserting ``section 
        10356 of title 6''.
  (b) Title 8, United States Code.--Section 7202(g)(2)(H) of the 
Intelligence Reform and Terrorism Prevention Act of 2004 (8 U.S.C. 
1777(g)(2)(H)) is amended by striking ``section 1016(b)'' and inserting 
``section 11708(b) of title 6, United States Code''.
  (c) Title 10, United States Code.--Section 130d of title 10, United 
States Code, is amended by striking ``section 892 of the Homeland 
Security Act of 2002 (6 U.S.C. 482)'' and inserting ``section 11707 of 
title 6''.
  (d) Title 16, United States Code.--Section 402(b)(1)(H) of the 
Magnuson-Stevens Fishery Conservation and Management Act (16 U.S.C. 
1881a(b)(1)(H)) is amended by striking ``as defined in section 
888(a)(2) of the Homeland Security Act of 2002 (6 U.S.C. 468(a)(2))''.
  (e) Title 19, United States Code.--Title 19, United States Code, is 
amended as follows:
          (1) Section 13031(f)(2) of Public Law 99-272 (19 U.S.C. 
        58c(f)(2)) is amended by striking ``section 415 of the Homeland 
        Security Act of 2002 (other than functions performed by the 
        Office of International Affairs referred to in section 415(8) 
        of that Act),'' and inserting ``section 10911 of title 6, 
        United States Code (other than functions performed by the 
        Office of International Affairs referred to in section 10911(8) 
        of title 6),''.
          (2) Section 301(h) of Public Law 99-272 (19 U.S.C. 2075(h)) 
        is amended--
                  (A) in paragraph (1), by striking ``section 412(b)(2) 
                of the Homeland Security Act of 2002 (6 U.S.C. 
                212(b)(2))'' and ``section 412(b)(1) of such Act'' and 
                inserting ``section 10912(b)(2) of title 6, United 
                States Code'' and ``section 10912(b)(1) of such 
                title'', respectively; and
                  (B) in paragraph (2)(A), by striking ``section 412(b) 
                of the Homeland Security Act of 2002 (6 U.S.C. 
                212(b))'' and inserting ``section 10912(b) of title 6, 
                United States Code,''.
  (f) Title 26, United States Code.--Section 4261(f) of the Internal 
Revenue Code of 1986 (26 U.S.C. 4261(f)) is amended by striking ``44509 
or 44913(b)'' and inserting ``40923(b) of title 6, United States Code, 
or section 44509''.
  (g) Title 31, United States Code.--Section 3516(f)(3)(A) of title 31, 
United States Code, is amended by striking ``section 874(b)(2) of the 
Homeland Security Act of 2002'' and inserting ``section 10386(b)(2) of 
title 6''.
  (h) Title 33, United States Code.--Section 303(b)(4) of Public Law 
105-384 (33 U.S.C. 892a(b)(4)) is amended by striking ``section 641 of 
the Post-Katrina Emergency Management Reform Act of 2006 (6 U.S.C. 
741)'' and inserting ``section 20501 of title 6, United States Code''.
  (i) Title 38, United States Code.--Section 8117(a)(2)(C) of title 38, 
United States Code, is amended by striking ``section 502(6) of the 
Homeland Security Act of 2002'' and inserting ``section 11103(a)(6) of 
title 6''.
  (j) Title 42, United States Code.--Title 42, United States Code, is 
amended as follows:
          (1) Section 319F-1(a)(2)(A) of the Act of July 1, 1944 (42 
        U.S.C. 247d-6a(a)(2)(A)) is amended by striking ``sections 
        302(2) and 304(a) of the Homeland Security Act of 2002'' and 
        inserting ``sections 10701(2) and 10703(a) of title 6, United 
        States Code,''.
          (2) Section 319F-2(c) of the Act of July 1, 1944 (42 U.S.C. 
        247d-6b(c)) is amended--
                  (A) in paragraph (1)(B)(i)(I), by striking ``sections 
                302(2) and 304(a) of the Homeland Security Act of 
                2002'' and inserting ``sections 10701(2) and 10703(a) 
                of title 6, United States Code,''; and
                  (B) in paragraph (2)(D), by striking ``section 202 of 
                the Homeland Security Act of 2002'' and inserting 
                ``section 10502 of title 6, United States Code''.
          (3) Section 2801(a) of the Act of July 1, 1944 (42 U.S.C. 
        300hh(a)) is amended by striking ``section 502(6) of the 
        Homeland Security Act of 2002'' and inserting ``section 
        11103(6) of title 6, United States Code''.
          (4) Section 2802(a)(1) of the Act of July 1, 1944 (42 U.S.C. 
        300hh-1(a)(1)) is amended by striking ``section 502(6) of the 
        Homeland Security Act of 2002'' and inserting ``section 
        11103(6) of title 6, United States Code''.
          (5) Section 1061(d) of the Intelligence Reform and Terrorism 
        Prevention Act of 2004 (42 U.S.C. 2000ee(d)) is amended--
                  (A) in paragraph (1)(A), by striking ``subsections 
                (d) and (f) of section 1016'' and inserting ``section 
                11708(c) and (d) of title 6, United States Code'';
                  (B) in paragraph (1)(B), by striking ``subsections 
                (d) and (f) of section 1016'' and inserting ``section 
                11708(c) and (d) of title 6, United States Code''; and
                  (C) in paragraph (2)(B), by striking ``subsections 
                (d) and (f) of section 1016'' and inserting ``section 
                11708(c) and (d) of title 6, United States Code,''.
          (6) Section 303(b) of the Robert T. Stafford Disaster Relief 
        and Emergency Assistance Act (42 U.S.C. 5144(b)) is amended--
                  (A) in paragraph (1)(B), by striking ``section 507 of 
                the Homeland Security Act of 2002'' and inserting 
                ``section 11107 of title 6, United States Code,'';
                  (B) in paragraph (2), by striking ``section 646(a) of 
                the Post-Katrina Emergency Management Reform Act of 
                2006'' and inserting `` section 20506(a) of title 6, 
                United States Code''; and
                  (C) in paragraph (4), by striking ``section 652(a) of 
                the Post-Katrina Emergency Management Reform Act of 
                2006'' and inserting ``section 20512(a) of title 6, 
                United States Code''.
  (k) Title 46, United States Code.--Title 46, United States Code, is 
amended as follows:
          (1) Section 70105(l) is amended by striking ``section 2(1) of 
        the SAFE Port Act'' and inserting ``section 30101(1) of title 
        6''.
          (2) Section 70107A(b)(4) is amended--
                  (A) in subparagraph (B), by striking ``section 1016 
                of the National Security Intelligence Reform Act of 
                2004 (6 U.S.C. 485) and the Homeland Security 
                Information Sharing Act (6 U.S.C. 481 et seq.)'' and 
                inserting ``sections 11707 and 11708 of title 6''; and
                  (B) in subparagraph (D), by striking ``section 
                201(b)(10) of the SAFE Port Act'' and inserting 
                ``section 30501(b)(10) of title 6''.
  (l) Title 49, United States Code.--Title 49, United States Code, is 
amended as follows:
          (1) Section 40109 is amended--
                  (A) in subsection (b), by striking ``, 40119, 44901, 
                44903, 44906, and 44935-44937'' and inserting ``and 
                40119''; and
                  (B) in subsection (c), by striking ``sections 44909 
                and'' and inserting ``section''.
          (2) Section 46110(a) is amended by striking ``this part, part 
        B, or subsection (l) or (s) of section 114'' and inserting 
        ``this part or part B''.
          (3) Chapter 463 is amended--
                  (A) in section 46301--
                          (i) in subsection (a), by striking paragraph 
                        (4) and redesignating paragraph (5) as 
                        paragraph (4);
                          (ii) in subsection (a)(1)(A), by striking 
                        ``chapter 449 (except sections 44902, 44903(d), 
                        44904, 44907(a)-(d)(1)(A) and (d)(1)(C)-(f), 
                        and 44908),'';
                          (iii) in subsection (a)(4)(A)(i) as 
                        redesignated by clause (i), by striking 
                        ``chapter 449 (except sections 44902, 44903(d), 
                        44904, and 44907-44909), or'';
                          (iv) in subsection (c)(1)(A), by striking 
                        ``chapter 423, or section 44909'' and inserting 
                        ``or chapter 423''; and
                          (v) in subsection (f)(1)(A)(i), by striking 
                        ``chapter 449 (except sections 44902, 44903(d), 
                        44904, 44907(a)-(d)(1)(A) and (d)(1)(C)-(f), 
                        44908, and 44909),'';
                  (B) in section 46302--
                          (i) in subsection (a), by striking ``section 
                        46502(a), 46504, 46505, or 46506'' and 
                        inserting ``section 46504''; and
                          (ii) in subsection (b)(1), by striking ``The 
                        Secretary of Homeland Security and, for a 
                        violation relating to section 46504, the 
                        Secretary of Transportation,'' and inserting 
                        ``The Secretary of Transportation'';
                  (C) in section 46306(d)(1), by striking 
                ``Commissioner of Customs'' and inserting 
                ``Commissioner of U. S. Customs and Border 
                Enforcement'';
                  (D) in section 46311--
                          (i) by striking ``, Under Secretary,'' each 
                        place it appears; and
                          (ii) in subsection (a), by striking `` the 
                        Under Secretary of Transportation for Security 
                        with respect to security duties and powers 
                        designated to be carried out by the Under 
                        Secretary,'';
                  (E) in section 46313, by striking ``the Under 
                Secretary of Transportation for Security with respect 
                to security duties and powers designated to be carried 
                out by the Under Secretary or''; and
                  (F) in section 46316--
                          (i) in subsection (a), by striking ``the 
                        Under Secretary of Transportation for Security 
                        with respect to security duties and powers 
                        designated to be carried out by the Under 
                        Secretary or''; and
                          (ii) in subsection (b), by striking ``chapter 
                        447 (except section 44718(a)), and chapter 449 
                        (except sections 44902, 44903(d), 44904, and 
                        44907-44909)'' and inserting ``and chapter 447 
                        (except section 44718(a))''.
  (m) Title 50, United States Code.--Title 50, United States Code, is 
amended as follows:
          (1) Section 1414(b) of the National Defense Authorization Act 
        for Fiscal Year 1997 (50 U.S.C. 2314(b)) is amended by striking 
        ``section 502(6) of the Homeland Security Act of 2002'' and 
        inserting ``section 11103(6) of title 6, United States Code,''.
          (2) Section 1415(a)(2) of the National Defense Authorization 
        Act for Fiscal Year 1997 (50 U.S.C. 2315(a)(2)) is amended by 
        striking ``sections 102(c) and 430(c)(1) of the Homeland 
        Security Act of 2002'' and inserting ``sections 10323(b)(1) and 
        10331(h) of title 6, United States Code''.
          (3) Section 102A(f)(1)(B)(iii) of the Act of July 26, 1947 
        (50 U.S.C. 3024(f)(1)(B)(iii)) is amended by striking 
        ``sections 201 and 892 of the Homeland Security Act of 2002 (6 
        U.S.C. 121, 482)'' and inserting ``sections 10501 and 11707 of 
        title 6, United States Code''.

SEC. 6. TRANSITIONAL AND SAVINGS PROVISIONS.

  (a) Definitions.--In this section:
          (2) Restated provision.--The term ``restated provision'' 
        means a provision of title 6, United States Code, that is 
        enacted by section 3 or 4.
          (2) Source provision.--The term ``source provision'' means a 
        provision of law that is replaced by a restated provision.
  (b) Cutoff Date.--The restated provisions replace certain provisions 
of law enacted on or before May 8, 2017. If a law enacted after that 
date amends or repeals a source provision, that law is deemed to amend 
or repeal, as the case may be, the corresponding restated provision. If 
a law enacted after that date is otherwise inconsistent with a restated 
provision or a provision of this Act, that law supersedes the restated 
provision or provision of this Act to the extent of the inconsistency.
  (c) Original Date of Enactment Unchanged.--A restated provision is 
deemed to have been enacted on the date of enactment of the 
corresponding source provision.
  (d) Reference to Restated Provision.--A reference to a restated 
provision is deemed to refer to the corresponding source provision.
  (e) Reference to Source Provision.--A reference to a source 
provision, including a reference in a regulation, order, or other law, 
is deemed to refer to the corresponding restated provision.
  (f) Regulations, Orders, and Other Administrative Actions.--A 
regulation, order, or other administrative action in effect under a 
source provision continues in effect under the corresponding restated 
provision.
  (g) Actions Taken and Offenses Committed.--An action taken or an 
offense committed under a source provision is deemed to have been taken 
or committed under the corresponding restated provision.

SEC. 7. REPEALS.

  The following provisions of law are repealed, except with respect to 
the rights and duties that matured, penalties that were incurred, or 
proceedings that were begun before the date of enactment of this Act:

                                            Schedule of Laws Repealed
                                                Statutes at Large
----------------------------------------------------------------------------------------------------------------
                                                                                     United States Code Former
                        Act                                    Section                     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
 
Act of August 10, 1956 (ch. 1041).................                            43                   6 U.S.C. 765
 
Aviation and Transportation Security Act (Public                             109             49 U.S.C. 114 note
 Law 107-71)......................................
                                                                          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
                                                                             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
                                                                             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)       6 U.S.C. 482(a) through
                                                                     through (g)     (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                               505                  6 U.S.C. 453a
 Act, 2004 (Public Law 108-90)....................
                                                                             520                   6 U.S.C. 469
                                                       (2d proviso under heading                  6 U.S.C. 464b
                                                       ``salaries and expenses''
                                                        under heading ``Federal Law
                                                            Enforcement Training
                                                       Center'', 117 Stat. 1150)
                                                       (3d proviso under heading                  6 U.S.C. 464c
                                                       ``salaries and expenses''
                                                        under heading ``Federal Law
                                                            Enforcement Training
                                                       Center'', 117 Stat. 1151)
                                                      (4th proviso under heading                  6 U.S.C. 464d
                                                       ``salaries and expenses''
                                                        under heading ``Federal Law
                                                            Enforcement Training
                                                       Center'', 117 Stat. 1151)
                                                     (last proviso under heading                  6 U.S.C. 464e
                                                       ``salaries and expenses''
                                                        under heading ``Federal Law
                                                            Enforcement Training
                                                       Center'', 117 Stat. 1151)
 
Department of Homeland Security Appropriations                            515(b)           49 U.S.C. 44945 note
 Act, 2005 (Public Law 108-334)...................
 
Intelligence Reform and Terrorism Prevention Act                            1016                   6 U.S.C. 485
 of 2004 (Public Law 108-458).....................
                                                                         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)   6 U.S.C. 194(a) through (c),
                                                             through (g), (i)(1)        (e) through (g), (i)(1)
                                                                            7405              6 U.S.C. 112 note
                                                                            8306              6 U.S.C. 112 note
 
Department of Homeland Security Appropriations                            503(e)              6 U.S.C. 103 note
 Act, 2006 (Public Law 109-90)....................
                                                                             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                               532                   6 U.S.C. 382
 Act, 2007 (Public Law 109-295)...................
                                                                             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
                                                                            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                              2                   6 U.S.C. 901
 2006 or SAFE Port Act (Public Law 109-347).......
                                                                             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                               6405                   6 U.S.C. 396
 Recovery, and Iraq Accountability Appropriations
 Act, 2007 (Public Law 110-28)....................
 
Implementing Recommendations of the 9/11                                  502(b)             6 U.S.C. 124a note
 Commission Act of 2007 (Public Law 110-53).......
                                                                            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
                                                                            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                           602                  6 U.S.C. 1401
 Act of 2007 (Public Law 110-161).................
                                                                             606                  6 U.S.C. 1405
 
American Recovery and Reinvestment Act of 2009                               604                  6 U.S.C. 453b
 (Public Law 111-5)...............................
 
Department of Homeland Security Appropriations                               554                  6 U.S.C. 469a
 Act, 2010 (Public Law 111-83)....................
 
Coast Guard Authorization Act of 2010 (Public Law                            825              6 U.S.C. 945 note
 111-281).........................................
 
Anti-Border Corruption Act of 2010 (Public Law 111-                            3                   6 U.S.C. 221
 376).............................................
 
Consolidated Appropriations Act, 2012 (Public Law                            526                  6 U.S.C. 453c
 112-74)..........................................
                                                                             538              6 U.S.C. 190 note
                                                                             546             6 U.S.C. 124j note
                                                                             557                   6 U.S.C. 222
                                                    (last provision in paragraph              6 U.S.C. 214 note
                                                    under heading ``construction
                                                    and facilities management'',
                                                                  125 Stat. 949)
 
National Defense Authorization Act for Fiscal Year                          1090              6 U.S.C. 121 note
 2012 (Public Law 112-81).........................
 
Border Tunnel Prevention Act of 2012 (Public Law                               8                   6 U.S.C. 257
 112-127).........................................
 
Intelligence Authorization Act for Fiscal Year                               501                  6 U.S.C. 121a
 2013 (Public Law 112-277)........................
 
Department of Homeland Security Appropriations           div. D, title III, last                  6 U.S.C. 763a
 Act, 2013 (Public Law 113-6).....................             proviso on p. 359
                                                       div. D, title V, Sec. 540                   6 U.S.C. 416
 
Department of Homeland Security Appropriation Act,     div. F, title V, Sec. 569                   6 U.S.C. 471
 2014 (Public Law 113-76).........................
 
Cybersecurity Workforce Assessment Act (Public Law                             2              6 U.S.C. 146 note
 113-246).........................................
                                                                               3                   6 U.S.C. 146
 
Protecting and Securing Chemical Facilities from                               5              6 U.S.C. 621 note
 Terrorist Attacks Act of 2014 (Public Law 113-
 254).............................................
 
Homeland Security Cybersecurity Workforce                       4(b) through (e)              6 U.S.C. 146 note
 Assessment Act (Public Law 113-277)..............
 
National Cybersecurity Protection Act of 2014                                  8              6 U.S.C. 148 note
 (Public Law 113-282).............................
 
Intelligence Authorization Act for Fiscal Year                               324                   6 U.S.C. 125
 2015 (Public Law 113-293)........................
 
Department of Homeland Security Appropriations                               562                   6 U.S.C. 472
 Act, 2015 (Public Law 114-4).....................
 
Justice for Victims of Trafficking Act of 2015                               901                   6 U.S.C. 641
 (Public Law 114-22)..............................
                                                                             902                   6 U.S.C. 642
                                                                             903                   6 U.S.C. 643
                                                                             904                   6 U.S.C. 644
 
Department of Homeland Security Interoperable                                  2              6 U.S.C. 194 note
 Communications Act (Public Law 114-29)...........
                                                                               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                     3 through 6              6 U.S.C. 211 note
 114-68)..........................................
 
Federal Cybersecurity Enhancement Act of 2015          div. N, title I, Sec. 102                  6 U.S.C. 1501
 (Public Law 114-113).............................
                                                       div. N, title I, Sec. 103                  6 U.S.C. 1502
                                                       div. N, title I, Sec. 104                  6 U.S.C. 1503
                                                       div. N, title I, Sec. 105                  6 U.S.C. 1504
                                                       div. N, title I, Sec. 106                  6 U.S.C. 1505
                                                       div. N, title I, Sec. 107                  6 U.S.C. 1506
                                                       div. N, title I, Sec. 108                  6 U.S.C. 1507
                                                       div. N, title I, Sec. 109                  6 U.S.C. 1508
                                                       div. N, title I, Sec. 110                  6 U.S.C. 1509
                                                       div. N, title I, Sec. 111                  6 U.S.C. 1510
                                                      div. N, title II, Sec. 222                  6 U.S.C. 1521
                                                    div. N, title II, Sec. 223(b)             6 U.S.C. 151 note
                                                      div. N, title II, Sec. 224                  6 U.S.C. 1522
                                                      div. N, title II, Sec. 225                  6 U.S.C. 1523
                                                      div. N, title II, Sec. 226                  6 U.S.C. 1524
                                                      div. N, title II, Sec. 227                  6 U.S.C. 1525
                                                      div. N, title IV, Sec. 403                  6 U.S.C. 1531
                                                      div. N, title IV, Sec. 404                  6 U.S.C. 1532
                                                      div. N, title IV, Sec. 405                  6 U.S.C. 1533
 
Trade Facilitation and Trade Enforcement Act of          title VIII, Sec. 802(j)             8 U.S.C. 1185 note
 2015 (Public Law 114-125)........................
 
National Defense Authorization Act for Fiscal Year    div. A, title X, Sec. 1086                   6 U.S.C. 104
 2017 (Public Law 114-328)........................
                                                      div. A, title X, Sec. 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
----------------------------------------------------------------------------------------------------------------

                                 <all>
```