332 
protect classified information or sensitive 
security information in accordance with 
law. 
‘‘(7) VOTING MEMBER ACCESS TO CLASSIFIED 
INFORMATION AND SENSITIVE SECURITY INFORMA-
TION.— 
‘‘(A) DETERMINATIONS.—Not later than 
60 days after the date on which a voting mem-
ber is appointed to the Advisory Committee but 
before such voting member may be granted any 
access to classified information or sensitive se-
curity information, the Administrator shall de-
termine if such voting member should be re-
stricted from reviewing, discussing, or pos-
sessing classified information or sensitive secu-
rity information. 
‘‘(B) ACCESS.— 
‘‘(i) SENSITIVE
SECURITY
INFORMA-
TION.—If a voting member is not re-
stricted from reviewing, discussing, or pos-
sessing
sensitive
security
information 
under subparagraph (A) and voluntarily 
signs a nondisclosure agreement, such vot-
ing member may be granted access to sen-
sitive security information that is relevant 
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to such voting member’s service on the Ad-
visory Committee. 
‘‘(ii) CLASSIFIED INFORMATION.—Ac-
cess to classified materials shall be man-
aged in accordance with Executive Order 
No. 13526 of December 29, 2009 (75 Fed. 
Reg.
707),
or
any
subsequent
cor-
responding Executive order. 
‘‘(C) PROTECTIONS.— 
‘‘(i) SENSITIVE
SECURITY
INFORMA-
TION.—Voting members shall protect sen-
sitive security information in accordance 
with part 1520 of title 49, Code of Federal 
Regulations. 
‘‘(ii)
CLASSIFIED
INFORMATION.— 
Voting members shall protect classified in-
formation in accordance with the applica-
ble requirements for the particular level of 
classification of such information. 
‘‘(8) JOINT COMMITTEE MEETINGS.—The Advi-
sory Committee may meet with one or more of the 
following advisory committees to discuss multimodal 
security issues and other security-related issues of 
common concern: 
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‘‘(A)
Aviation
Security
Advisory
Com-
mittee, established under section 44946 of title 
49, United States Code. 
‘‘(B) Maritime Security Advisory Com-
mittee, established under section 70112 of title 
46, United States Code. 
‘‘(C) Railroad Safety Advisory Committee, 
established by the Federal Railroad Administra-
tion. 
‘‘(9) SUBJECT MATTER EXPERTS.—The Advi-
sory Committee may request the assistance of sub-
ject matter experts with expertise related to the ju-
risdiction of the Advisory Committee. 
‘‘(d) REPORTS.— 
‘‘(1) PERIODIC REPORTS.—The Advisory Com-
mittee shall periodically submit to the Administrator 
reports on matters requested by the Administrator 
or by a majority of the members of the Advisory 
Committee. 
‘‘(2) ANNUAL REPORT.— 
‘‘(A)
SUBMISSION.—The
Advisory
Com-
mittee shall submit to the Administrator and 
the Committee on Homeland Security and the 
Committee on Transportation and Infrastruc-
ture of the House of Representatives and the 
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Committee on Homeland Security and Govern-
mental Affairs and the Committee on Com-
merce, Science, and Transportation of the Sen-
ate an annual report that provides information 
on the activities, findings, and recommendations 
of the Advisory Committee during the preceding 
year. 
‘‘(B) PUBLICATION.—Not later than six 
months after the date that the Administrator 
receives an annual report under subparagraph 
(A), the Administrator shall publish a public 
version of such report, in accordance with sec-
tion 552a(b) of title 5, United States Code. 
‘‘(e) ADMINISTRATION RESPONSE.— 
‘‘(1)
CONSIDERATION.—The
Administrator 
shall consider the information, advice, and rec-
ommendations of the Advisory Committee in formu-
lating policies, programs, initiatives, rulemakings, 
and security directives pertaining to surface trans-
portation security efforts. 
‘‘(2) FEEDBACK.—Not later than 90 days after 
the date that the Administrator receives a rec-
ommendation from the Advisory Committee under 
subsection (d)(2), the Administrator shall submit to 
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the Advisory Committee written feedback on such 
recommendation, including— 
‘‘(A) if the Administrator agrees with such 
recommendation, a plan describing the actions 
that the Administrator has taken, will take, or 
recommends that the head of another Federal 
department or agency take to implement such 
recommendation; or 
‘‘(B) if the Administrator disagrees with 
such recommendation, a justification for such 
disagreement. 
‘‘(3) NOTICES.—Not later than 30 days after 
the date the Administrator submits feedback under 
paragraph (2), the Administrator shall— 
‘‘(A) notify the Committee on Homeland 
Security and the Committee on Transportation 
and Infrastructure of the House of Representa-
tives and the Committee on Homeland Security 
and Governmental Affairs and the Committee 
on Commerce, Science, and Transportation of 
the Senate of such feedback, including the 
agreement or disagreement under subparagraph 
(A) or subparagraph (B) of such paragraph, as 
applicable; and 
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‘‘(B) provide the committees specified in 
subparagraph (A) with a briefing upon request. 
‘‘(4) UPDATES.—Not later than 90 days after 
the date the Administrator receives a recommenda-
tion from the Advisory Committee under subsection 
(d)(2) that the Administrator agrees with, and quar-
terly thereafter until such recommendation is fully 
implemented, the Administrator shall submit to the 
Committee on Homeland Security and the Com-
mittee 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 Trans-
portation of the Senate a report or post on the pub-
lic website under paragraph (5) an update on the 
status of such recommendation. 
‘‘(5) WEBSITE.—The Administrator shall main-
tain a public website that— 
‘‘(A) lists the members of the Advisory 
Committee; 
‘‘(B) provides the contact information for 
the Advisory Committee; and 
‘‘(C)
information
relating
to
meetings, 
minutes, annual reports, and the implementa-
tion of recommendations under this section. 
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338 
‘‘(f) NONAPPLICABILITY
OF FACA.—The Federal 
Advisory Committee Act (5 U.S.C. App.) shall not apply 
to the Advisory Committee or any subcommittee estab-
lished under this section.’’. 
(b) ADVISORY COMMITTEE MEMBERS.— 
(1) VOTING
MEMBERS.—Not later than 180 
days after the date of the enactment of this Act, the 
Administrator of the Transportation Security Ad-
ministration shall appoint the voting members of the 
Surface
Transportation
Security
Advisory
Com-
mittee established under section 44947 of title 49, 
United States Code, as added by subsection (a) of 
this section. 
(2) NONVOTING MEMBERS.—Not later than 90 
days after the date of the enactment of this Act, 
each Federal Government department and agency 
with regulatory authority over a mode of surface 
transportation, as the Administrator of the Trans-
portation Security Administration considers appro-
priate, shall designate an appropriate representative 
to serve as a nonvoting member of the Surface 
Transportation Security Advisory Committee. 
(c) CLERICAL AMENDMENT.—The analysis for chap-
ter 449 of title 49, United States Code, is amended by 
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339 
inserting after the item relating to section 44946 the fol-
lowing new item: 
‘‘44947. Surface Transportation Security Advisory Committee.’’. 
SEC. 1578. REVIEW OF THE EXPLOSIVES DETECTION CA-
NINE TEAM PROGRAM. 
(a) IN GENERAL.—Not later than 90 days after the 
date that the Inspector General of the Department of 
Homeland Security receives the report under section 
572(c), the Inspector General shall— 
(1) review the explosives detection canine team 
program of the Department, including— 
(A) the development by the Transportation 
Security Administration of a deployment strat-
egy for explosives detection canine teams; 
(B) the national explosives detection canine 
team training program, including canine train-
ing, handler training, refresher training, and 
updates to such training; and 
(C) the use of the canine assets during an 
urgent security need, including the reallocation 
of such program resources outside the transpor-
tation systems sector during an urgent security 
need; and 
(2) submit to the appropriate congressional 
committees a report on such review, including any 
recommendations. 
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340 
(b) CONSIDERATIONS.—In conducting the review of 
the deployment strategy under subsection (a)(1)(A), the 
Inspector General of the Department of Homeland Secu-
rity shall consider whether the Transportation Security 
Administration’s method to analyze the risk to transpor-
tation facilities and transportation systems is appropriate. 
SEC. 1579. EXPANSION OF NATIONAL EXPLOSIVES DETEC-
TION CANINE TEAM PROGRAM. 
(a) IN GENERAL.—The Secretary of Homeland Secu-
rity, where appropriate, shall encourage State, local, and 
tribal governments and private owners of high-risk trans-
portation facilities to strengthen security through the use 
of explosives detection canine teams. 
(b) INCREASED CAPACITY.— 
(1) IN GENERAL.—Before the date the Inspec-
tor General of the Department of Homeland Secu-
rity submits the report under section 578, the Ad-
ministrator of the Transportation Security Adminis-
tration may increase the number of State and local 
surface and maritime transportation explosives de-
tection canine teams by not more than 70 such 
teams. 
(2) ADDITIONAL
TEAMS.—Beginning on the 
date the Inspector General of the Department of 
Homeland Security submits the report under section 
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341 
578, the Secretary of Homeland Security may in-
crease the State and local surface and maritime 
transportation explosives detection canine teams by 
not more than 200 such teams unless more of such 
teams are needed as identified in the risk-based se-
curity strategy under section 572(b)(1)(A), con-
sistent with section 573 or with the President’s most 
recent budget submitted under section 1105 of title 
31, United States Code. 
(3) RECOMMENDATIONS.—Before initiating any 
increase in the number of explosives detection teams 
under paragraph (2), the Secretary of Homeland Se-
curity shall consider any recommendations in the re-
port under section 578 on the efficacy and manage-
ment of the explosives detection canine program of 
the Department of Homeland Security. 
(c) DEPLOYMENT.—The Secretary of Homeland Se-
curity shall— 
(1) use any additional explosives detection ca-
nine teams, as described in subsection (b)(1), as 
part of the Department of Homeland Security’s ef-
forts to strengthen security across the Nation’s sur-
face and maritime transportation systems; 
(2) make available explosives detection canine 
teams to all modes of transportation, subject to the 
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342 
requirements under section 576, to address specific 
vulnerabilities or risks, on an as-needed basis and as 
otherwise determined appropriate by the Secretary; 
and 
(3) consider specific needs and training require-
ments for explosives detection canine teams to be de-
ployed across the Nation’s surface and maritime 
transportation systems, including in venues of mul-
tiple modes of transportation, as the Secretary con-
siders appropriate. 
SEC. 1580. EXPLOSIVE DETECTION TECHNOLOGY. 
The Secretary of Homeland Security shall prioritize 
the research and facilitation of next generation tech-
nologies to detect explosives in the Nation’s surface trans-
portation systems. 
SEC. 1581. STUDY ON SECURITY STANDARDS AND BEST 
PRACTICES FOR UNITED STATES AND FOR-
EIGN
PASSENGER
TRANSPORTATION
SYS-
TEMS. 
(a) IN GENERAL.—The Comptroller General of the 
United States shall conduct a study of how the Transpor-
tation Security Administration— 
(1) identifies and compares— 
(A) United States and foreign passenger 
transportation system security standards; and 
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343 
(B) best practices for protecting passenger 
transportation systems, including shared ter-
minal facilities, and cyber systems; and 
(2) disseminates to stakeholders the findings 
under paragraph (1). 
(b) REPORT.—Not later than 18 months after the 
date of the enactment of this Act, the Comptroller General 
of the United States shall issue a report that contains— 
(1) the findings of the study conducted under 
subsection (a); and 
(2) any recommendations for improving rel-
evant processes or procedures. 
SEC. 1582. AMTRAK SECURITY UPGRADES. 
(a) RAILROAD SECURITY ASSISTANCE.—Subsection 
(b) of section 1513 of the Implementing Recommendations 
of the 9/11 Commission Act of 2007 (6 U.S.C. 1163) is 
amended— 
(1) in paragraph (1), by inserting before the pe-
riod at the end the following: ‘‘, including commu-
nications interoperability where appropriate with rel-
evant outside agencies and entities’’; 
(2) in paragraph (5), by striking ‘‘security of’’ 
and inserting ‘‘security and preparedness of’’; 
(3) in paragraph (7), by striking ‘‘security 
threats’’ and inserting ‘‘security threats and pre-
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344 
paredness, including connectivity to the National 
Terrorist Screening Center’’; and 
(4) in paragraph (9), by striking ‘‘and security 
officers’’ and inserting ‘‘, security, and preparedness 
officers’’. 
(b) SPECIFIC PROJECTS.—Subsection (a)(3) of sec-
tion 1514 of the Implementing Recommendations of the 
9/11 Commission Act of 2007 (6 U.S.C. 1164) is amend-
ed— 
(1) in subparagraph (D) by inserting before the 
semicolon at the end the following: ‘‘, or to connect 
to
the
National
Terrorism
Screening
Center 
watchlist’’; 
(2) in subparagraph (G), by striking ‘‘and’’ 
after the semicolon; 
(3) in subparagraph (H) by striking the period 
at the end and inserting a semicolon; and 
(4) by adding at the end the following new sub-
paragraphs: 
‘‘(I)
for
improvements
to
passenger 
verification systems; 
‘‘(J) for improvements to employee and 
contractor verification systems, including iden-
tity verification technology; or 
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‘‘(K) for improvements to the security of 
Amtrak computer systems, including cybersecu-
rity assessments and programs.’’. 
SEC. 1583. STUDY ON SURFACE TRANSPORTATION INSPEC-
TORS. 
Not later than 180 days after the date of the enact-
ment of this Act, the Comptroller General of the United 
States shall submit to the appropriate congressional com-
mittees a report that— 
(1) identifies any duplication or redundancy be-
tween the Transportation Security Administration 
and the Department of Transportation relating to 
surface transportation security inspections or over-
sight; and 
(2) provides recommendations, if any, relating 
to— 
(A) improvements to the surface transpor-
tation security inspectors program, including— 
(i) changes in organizational and su-
pervisory structures; 
(ii) coordination procedures to en-
hance consistency; and 
(iii) effectiveness in inspection and 
compliance activities; and 
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(B)
whether
each
transportation
mode 
needs inspectors trained and qualified for each 
such specific mode. 
SEC. 1584. SECURITY AWARENESS PROGRAM. 
(a) ESTABLISHMENT.—The Administrator of the 
Transportation Security Administration shall establish a 
program
to
promote
surface
transportation
security 
through the training of surface transportation operators 
and frontline employees on each of the skills identified in 
subsection (c). 
(b) APPLICATION.—The program established under 
subsection (a) shall apply to all modes of surface transpor-
tation, including public transportation, rail, highway, 
motor carrier, and pipeline. 
(c) TRAINING.—The program established under sub-
section (a) shall cover, at a minimum, the skills necessary 
to observe, assess, and respond to suspicious items or ac-
tions that could indicate a threat to transportation. 
(d) ASSESSMENT.— 
(1) IN
GENERAL.—The Administrator of the 
Transportation Security Administration shall con-
duct an assessment of current training programs for 
surface transportation operators and frontline em-
ployees. 
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(2) CONTENTS.—The assessment under para-
graph (1) shall identify— 
(A) whether other training is being pro-
vided, either voluntarily or in response to other 
Federal requirements; and 
(B) whether there are any gaps in existing 
training. 
(e) UPDATES.—The Administrator of the Transpor-
tation Security Administration shall ensure the program 
established under subsection (a) is updated as necessary 
to address changes in risk and terrorist methods and to 
close any gaps identified in the assessment under sub-
section (d). 
(f) SUSPICIOUS ACTIVITY REPORTING.— 
(1) IN GENERAL.—The Secretary of Homeland 
Security shall ensure there exists a national mecha-
nism for an individual to use to report to the De-
partment of Homeland Security suspicious activity 
in transportation systems. 
(2) PROCEDURES.—The Secretary of Homeland 
Security shall establish procedures for the Depart-
ment of Homeland Security— 
(A) to review and follow-up, as necessary, 
on each report received under paragraph (1); 
and 
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348 
(B) to share, as necessary and in accord-
ance with law, such reports with appropriate 
Federal, State, local, and tribal entities. 
(3) RULE OF CONSTRUCTION.—Nothing in this 
section may be construed to— 
(A) replace or affect in any way the use of 
9-1-1 services in an emergency; or 
(B) replace or affect in any way the secu-
rity training program requirements specified in 
sections 1408, 1517, and 1534 of the Imple-
menting Recommendations of the 9/11 Commis-
sion Act of 2007 (6 U.S.C. 1137, 1167, and 
1184; Public Law 110–53). 
(g) FRONTLINE EMPLOYEE DEFINED.—In this sec-
tion, the term ‘‘frontline employee’’ includes— 
(1) an employee of a public transportation 
agency who is a transit vehicle driver or operator, 
dispatcher, maintenance and maintenance support 
employee, station attendant, customer service em-
ployee, security employee, or transit police, or any 
other employee who has direct contact with riders on 
a regular basis, and any other employee of a public 
transportation agency that the Administrator of the 
Transportation Security Administration determines 
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349 
should receive security training under this section or 
who is receiving security training under other law; 
(2)
over-the-road
bus
drivers,
security
per-
sonnel, dispatchers, maintenance and maintenance 
support personnel, ticket agents, other terminal em-
ployees, and other employees of an over-the-road bus 
operator or terminal owner or operator who the Ad-
ministrator determines should receive security train-
ing under this section or who is receiving security 
training under other law; or 
(3) security personnel, dispatchers, locomotive 
engineers, conductors, trainmen, other onboard em-
ployees, maintenance and maintenance support per-
sonnel, bridge tenders, and any other employees of 
railroad carriers who the Administrator determines 
should receive security training under this section or 
who is receiving security training under other law. 
SEC. 1585. VOLUNTARY USE OF CREDENTIALING. 
(a) IN GENERAL.—An individual who is subject to 
credentialing or a background investigation under section 
5103a of title 49, United States Code, may satisfy such 
requirement by obtaining a valid transportation security 
card issued under section 70105 of title 46, United States 
Code. 
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350 
(b) FEES.—The Secretary of Homeland Security may 
charge reasonable fees, in accordance with section 520(a) 
of the Department of Homeland Security Appropriations 
Act, 2004 (6 U.S.C. 469(a)), for providing the necessary 
credentialing and background investigation under this sec-
tion. 
(c) DEFINITIONS.—In this section: 
(1)
INDIVIDUAL
WHO
IS
SUBJECT
TO 
CREDENTIALING
OR
A
BACKGROUND
INVESTIGA-
TION.—The term ‘‘individual who is subject to 
credentialing or a background investigation’’ means 
an individual who— 
(A) because of employment is regulated by 
the
Transportation
Security
Administration, 
Department of Transportation, or Coast Guard 
and is required to have a background records 
check to obtain a hazardous materials endorse-
ment on a commercial driver’s license issued by 
a State under section 5103a of title 49, United 
States Code; or 
(B) is required to have a credential and 
background
records
check
under
section 
2102(d)(2) of the Homeland Security Act of 
2002 (6 U.S.C. 622(d)(2)) at a facility with ac-
tivities that are regulated by the Transportation 
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Security Administration, Department of Trans-
portation, or Coast Guard. 
(2) VALID
TRANSPORTATION
SECURITY
CARD 
ISSUED UNDER SECTION 70105 OF TITLE 46, UNITED 
STATES CODE.—The term ‘‘valid transportation se-
curity card issued under section 70105 of title 46, 
United States Code’’ means a transportation secu-
rity card issued under section 70105 of title 46, 
United States Code, that is— 
(A) not expired; 
(B) shows no signs of tampering; and 
(C) bears a photograph of the individual 
representing such card. 
SEC. 1586. BACKGROUND RECORDS CHECKS FOR ISSUANCE 
OF HAZMAT LICENSES. 
(a) ISSUANCE OF LICENSES.—Paragraph (1) of sec-
tion 5103a(a) of title 49, United States Code, is amend-
ed— 
(1) by striking ‘‘unless’’ and inserting ‘‘un-
less—’’; 
(2) by striking ‘‘the Secretary of Homeland Se-
curity’’ and inserting the following: 
‘‘(A) the Secretary of Homeland Security’’; 
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(3) in subparagraph (A), as designated pursu-
ant to paragraph (2) of this subsection, by striking 
the period at the end and inserting ‘‘; or’’; and 
(4) by adding at the end the following new sub-
paragraph: 
‘‘(B) the individual holds a valid transpor-
tation security card issued under section 70105 
of title 46.’’. 
(b) TRANSPORTATION SECURITY CARD.—Paragraph 
(1) of section 5103a(d) of title 49, United States Code, 
is amended, in the matter preceding subparagraph (A), 
by striking ‘‘described in subsection (a)(1)’’ and inserting 
‘‘under subsection (a)(1)(A)’’. 
SEC. 1587. RECURRENT VETTING FOR SURFACE TRANSPOR-
TATION CREDENTIAL-HOLDERS. 
Section 70105 of title 46, United States Code, is 
amended by adding at the end the following new sub-
section: 
‘‘(r) RECURRENT VETTING.— 
‘‘(1) IN GENERAL.—Not later than 180 days 
after the date of the enactment of this subsection, 
the Secretary shall develop and implement a plan to 
utilize the Federal Bureau of Investigation’s Rap 
Back Service in order to establish recurrent vetting 
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353 
capabilities for individuals holding valid transpor-
tation security cards under this section. 
‘‘(2)
EXEMPTION.—Individuals
holding
valid 
transportation security cards under this section who 
are subject to recurrent vetting under the plan to 
utilize the Rap Back Service referred to in para-
graph (1) shall be exempt from any recurrent deter-
minations or background checks under this section 
to which such individuals would otherwise be subject 
every five years in the absence of such utilization.’’. 
SEC. 1588. PIPELINE SECURITY STUDY. 
(a) STUDY.—The Comptroller General of the United 
States shall conduct a study regarding the roles and re-
sponsibilities of the Department of Homeland Security 
and the Department of Transportation with respect to 
pipeline security. Such study shall address whether— 
(1) the Annex to the Memorandum of Under-
standing executed on August 9, 2006, between the 
Department of Homeland Security and the Depart-
ment of Transportation adequately delineates stra-
tegic and operational responsibilities for pipeline se-
curity, including whether it is clear which depart-
ment is responsible for— 
(A) protecting against intentional pipeline 
breaches and cyber attacks; 
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(B)
responding
to
intentional
pipeline 
breaches and cyber attacks; and 
(C) planning to recover from the impact of 
intentional pipeline breaches and cyber attacks; 
(2) the respective roles and responsibilities of 
each department are adequately conveyed to relevant 
stakeholders and to the public; and 
(3) the processes and procedures for deter-
mining whether a particular pipeline breach is a ter-
rorist incident are clear and effective. 
(b) REPORT ON STUDY.—Not later than 180 days 
after the date of the enactment of this section, the Comp-
troller General of the United States shall submit to the 
Secretary of Homeland Security and the Committee on 
Homeland Security and the Committee on Transportation 
and Infrastructure of the House of Representatives and 
the Committee on Commerce, Science, and Transportation 
of the Senate a report containing the findings of the study 
conducted under subsection (a). 
(c) REPORT TO CONGRESS.—Not later than 90 days 
after the submission of the report under subsection (b), 
the Secretary of Homeland Security shall review and ana-
lyze the study and submit to the Committee on Homeland 
Security and the Committee on Transportation and Infra-
structure of the House of Representatives and the Com-
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mittee on Commerce, Science, and Transportation of the 
Senate a report on such review and analysis, including any 
recommendations for— 
(1) changes to the Annex to the Memorandum 
of Understanding referred to in subsection (a)(1); 
and 
(2) other improvements to pipeline security ac-
tivities at the Department. 
Subtitle
H—Security
Enhance-
ments in Public Areas of Trans-
portation Facilities 
SEC. 1591. WORKING GROUP. 
(a) IN GENERAL.—The Secretary of Homeland Secu-
rity may establish a working group to promote collabo-
rative engagement between the Department of Homeland 
Security and public and private stakeholders to develop 
non-binding recommendations for enhancing the security 
in public areas of transportation facilities. 
(b) ANNUAL REPORT.—If the Secretary of Homeland 
Security establishes a working group pursuant to sub-
section (a), not later than one year after such establish-
ment and annually thereafter for five years, the Secretary 
shall report on the working group’s organization, partici-
pation, activities, findings, and non-binding recommenda-
tions for the immediately preceding 12 month period. The 
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Secretary may publish a public version describing the 
working group’s activities and such related matters as 
would be informative to the public, consistent with section 
552(b) of title 5, United States Code. 
(c) INAPPLICABILITY OF THE FEDERAL ADVISORY 
COMMITTEE ACT.—The Federal Advisory Committee Act 
(5 U.S.C. App.) shall not apply to the working group or 
any subsidiary thereof. 
SEC. 1592. TECHNICAL ASSISTANCE; VULNERABILITY AS-
SESSMENT TOOLS. 
(a) IN GENERAL.—The Secretary of Homeland Secu-
rity shall— 
(1) inform public and private sector stake-
holders regarding the availability of Department of 
Homeland Security technical assistance, including 
vulnerability assessment tools, to help enhance the 
security in public areas of transportation facilities; 
and 
(2) subject to availability of appropriations, 
provide such technical assistance, upon request, to 
such a stakeholder. 
(b) BEST PRACTICES.—Not later than one year after 
the date of the enactment of this Act, the Secretary of 
Homeland Security shall publish and widely disseminate 
best practices for protecting and enhancing the resilience 
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357 
of public areas of transportation facilities, including asso-
ciated frameworks or templates for implementation. As 
appropriate, such best practices shall be updated periodi-
cally. 
SEC. 1593. OPERATIONS CENTERS. 
Not later than 120 days after the date of the enact-
ment of this Act, the Administrator of the Transportation 
Security Administration, in consultation with the heads of 
other appropriate offices or components of the Depart-
ment of Homeland Security, shall make available to public 
and private stakeholders a framework for establishing an 
operations center within a transportation facility to pro-
mote interagency response and coordination. 
SEC. 1594. REVIEW OF REGULATIONS. 
(a) REVIEW.—Not later than one year after the date 
of the enactment of this Act, the Administrator of the 
Transportation Security Administration shall submit to 
the Committee on Homeland Security of the House and 
the Committee on Commerce, Science, and Transportation 
of the Senate a report that includes a review of regula-
tions, directives, policies, and procedures issued by the Ad-
ministrator regarding the transportation of a firearm and 
ammunition by an aircraft passenger, and, as appropriate, 
information on plans to modify any such regulation, direc-
tive, policy, or procedure based on such review. 
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(b) CONSULTATION.—In preparing the report re-
quired under subsection (a), the Administrator of the 
Transportation Security Administration shall consult with 
the Aviation Security Advisory Committee (established 
pursuant to section 44946 of title 49, United States Code) 
and appropriate public and private sector stakeholders. 
SEC. 1595. DEFINITION. 
In this subtitle, the term ‘‘public and private sector 
stakeholders’’ has the meaning given such term in section 
114(u)(1)(C) of title 49, United States Code. 
TITLE
VI—EMERGENCY
PRE-
PAREDNESS, RESPONSE, AND 
COMMUNICATIONS 
Subtitle A—Grants, Training, 
Exercises, and Coordination 
SEC. 1601. URBAN AREA SECURITY INITIATIVE. 
Section 2003 of the Homeland Security Act of 2002 
(6 U.S.C. 604) is amended— 
(1) in subsection (b)(2)(A), in the matter pre-
ceding clause (i), by inserting ‘‘, using the most up- 
to-date data available,’’ after ‘‘assessment’’; 
(2) in subsection (d)(2), by amending subpara-
graph (B) to read as follows: 
‘‘(B) FUNDS RETAINED.—To ensure trans-
parency and avoid duplication, a State shall 
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provide each relevant high-risk urban area with 
a detailed accounting of the items, services, or 
activities on which any funds retained by the 
State under subparagraph (A) are to be ex-
pended. Such accounting shall be provided not 
later than 90 days after the date of which such 
funds are retained.’’; and 
(3) by striking subsection (e) and inserting the 
following new subsections: 
‘‘(e) THREAT AND HAZARD IDENTIFICATION RISK 
ASSESSMENT AND CAPABILITY ASSESSMENT.—As a con-
dition of receiving a grant under this section, each high- 
risk urban area shall submit to the Administrator a threat 
and hazard identification and risk assessment and capa-
bility assessment— 
‘‘(1) at such time and in such form as is re-
quired by the Administrator; and 
‘‘(2) consistent with the Federal Emergency 
Management Agency’s Comprehensive Preparedness 
Guide 201, Second Edition, or such successor docu-
ment or guidance as is issued by the Administrator. 
‘‘(f) PERIOD OF PERFORMANCE.—The Administrator 
shall make funds provided under this section available for 
use by a recipient of a grant for a period of not less than 
36 months. 
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‘‘(g) AUTHORIZATION OF APPROPRIATIONS.—There 
is authorized to be appropriated for grants under this sec-
tion $800,000,000 for each of fiscal years 2018 through 
2022.’’. 
SEC. 1602. STATE HOMELAND SECURITY GRANT PROGRAM. 
Section 2004 of the Homeland Security Act of 2002 
(6 U.S.C. 605) is amended by striking subsection (f) and 
inserting the following new subsections: 
‘‘(f) THREAT
AND HAZARD IDENTIFICATION
AND 
RISK ASSESSMENT AND CAPABILITY ASSESSMENT.— 
‘‘(1) IN GENERAL.—As a condition of receiving 
a grant under this section, each State shall submit 
to the Administrator a threat and hazard identifica-
tion and risk assessment and capability assess-
ment— 
‘‘(A) at such time and in such form as is 
required by the Administrator; and 
‘‘(B) consistent with the Federal Emer-
gency
Management
Agency’s
Comprehensive 
Preparedness Guide 201, Second Edition, or 
such successor document or guidance as is 
issued by the Administrator. 
‘‘(2)
COLLABORATION.—In
developing
the 
threat and hazard identification and risk assessment 
under paragraph (1), a State shall solicit input from 
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local and tribal governments, including first respond-
ers, and, as appropriate, non-governmental and pri-
vate sector stakeholders. 
‘‘(3) FIRST
RESPONDERS
DEFINED.—In this 
subsection, the term ‘first responders’ includes rep-
resentatives of local governmental and nongovern-
mental fire, law enforcement, emergency manage-
ment, and emergency medical personnel. 
‘‘(g) PERIOD
OF PERFORMANCE.—The Adminis-
trator shall make funds provided under this section avail-
able for use by a recipient of a grant for a period of not 
less than 36 months. 
‘‘(h) AUTHORIZATION OF APPROPRIATIONS.—There 
is authorized to be appropriated for grants under this sec-
tion $600,000,000 for each of fiscal years 2018 through 
2022.’’. 
SEC. 1603. GRANTS TO DIRECTLY ELIGIBLE TRIBES. 
Section 2005 of the Homeland Security Act of 2002 
(6 U.S.C. 606) is amended by— 
(1) redesignating subsections (h) through (k) as 
subsections (i) through (l), respectively; and 
(2) inserting after subsection (g) the following 
new subsection: 
‘‘(h) PERIOD
OF PERFORMANCE.—The Secretary 
shall make funds provided under this section available for 
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use by a recipient of a grant for a period of not less than 
36 months.’’. 
SEC. 1604. LAW ENFORCEMENT TERRORISM PREVENTION. 
(a) LAW ENFORCEMENT TERRORISM PREVENTION 
PROGRAM.—Subsection (a) of section 2006 of the Home-
land Security Act of 2002 (6 U.S.C. 607) is amended— 
(1) in paragraph (1)— 
(A) by inserting ‘‘States and high-risk 
urban areas expend’’ after ‘‘that’’; and 
(B) by striking ‘‘is used’’; 
(2) in paragraph (2), by amending subpara-
graph (I) to read as follows: 
‘‘(I) activities as determined appropriate 
by the Administrator, in coordination with the 
Assistant Secretary for State and Local Law 
Enforcement within the Office of Partnership 
and Engagement of the Department, through 
outreach to relevant stakeholder organizations; 
and’’; and 
(3) by adding at the end the following new 
paragraph: 
‘‘(4) ANNUAL REPORT.—The Administrator, in 
coordination with the Assistant Secretary for State 
and Local Law Enforcement, shall report annually 
from fiscal year 2018 through fiscal year 2022 on 
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the use of grants under sections 2003 and 2004 for 
law enforcement terrorism prevention activities au-
thorized under this section, including the percentage 
and dollar amount of funds used for such activities 
and the types of projects funded.’’. 
(b) OFFICE FOR STATE AND LOCAL LAW ENFORCE-
MENT.—Subsection (b) section 2006 of the Homeland Se-
curity Act of 2002 (6 U.S.C. 607) is amended— 
(1) in paragraph (1), by striking ‘‘Policy Direc-
torate’’ and inserting ‘‘Office of Partnership and 
Engagement’’ 
(2) in paragraph (4)— 
(A) in subparagraph (B), by inserting ‘‘, 
including through consultation with such agen-
cies regarding Department programs that may 
impact such agencies’’ before the semicolon at 
the end; and 
(B) in subparagraph (D), by striking ‘‘en-
sure’’ and inserting ‘‘certify’’. 
SEC. 1605. PRIORITIZATION. 
(a) IN GENERAL.—Subsection (a) of section 2007 of 
the Homeland Security Act of 2002 (6 U.S.C. 608) is 
amended— 
(1) in paragraph (1)— 
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(A) by amending subparagraph (A) to read 
as follows: 
‘‘(A) its population, including consideration 
of domestic and international tourists, com-
muters,
and
military
populations,
including 
military populations residing in communities 
outside military installations;’’; 
(B) in subparagraph (E), by inserting ‘‘, 
including threat information from other rel-
evant Federal agencies and field offices, as ap-
propriate’’ before the semicolon at the end; and 
(C) in subparagraph (I), by striking ‘‘tar-
get’’ and inserting ‘‘core’’; and 
(2) in paragraph (2), by striking ‘‘target’’ and 
inserting ‘‘core’’. 
(b) REVIEW.—Not later than 90 days after the date 
of the enactment of this Act, the Secretary of Homeland 
Security, through the Administrator of the Federal Emer-
gency Management Agency, shall review and report to the 
Committee on Homeland Security and the Committee on 
Appropriations of the House of Representatives and the 
Committee on Homeland Security and Governmental Af-
fairs and the Committee on Appropriations of the Senate 
on the risk formula and methodology used to award grants 
under sections 2003 and 2004 of the Homeland Security 
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Act of 2002 (6 U.S.C. 604 and 605), including a discus-
sion of any necessary changes to such formula to ensure 
grant awards are appropriately based on risk. 
(c) COMPTROLLER GENERAL REVIEW.—Not later 
than 180 days after the date of enactment of this Act, 
the Comptroller General of the United States shall review 
and assess the risk formula and methodology used to 
award grants under sections 2003 and 2004 of the Home-
land Security Act of 2002, including— 
(1) the process utilized by the Department of 
Homeland Security to gather threat information for 
each potential State and high-risk urban area; 
(2) the extent to which such risk formula and 
methodology considers the factors specified in sec-
tion 2007 of the Homeland Security Act of 2002 (6 
U.S.C. 608), in particular— 
(A) the extent to which the jurisdiction has 
unmet core capabilities due to resource con-
straints; 
(B) the degree to which a jurisdiction has 
been able to address capability gaps with pre-
vious grant awards; and 
(C) in the case of a high-risk urban area, 
the extent to which such high-risk urban area 
includes— 
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(i) incorporated municipalities, coun-
ties, parishes, and Indian tribes within the 
relevant eligible metropolitan area the in-
clusion of which will enhance regional ef-
forts
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 ter-
rorism within the high-risk urban area; 
and 
(3) how grant award amounts are determined. 
SEC. 1606. ALLOWABLE USES. 
Section 2008 of the Homeland Security Act of 2002 
(6 U.S.C. 609) is amended— 
(1) in subsection (a)— 
(A) in the matter preceding paragraph (1), 
by striking ‘‘target’’ and inserting ‘‘core’’; 
(B)
by
redesignating
paragraphs
(6) 
through (14) as paragraphs (8) through (16), 
respectively; 
(C) in paragraph (5), by inserting before 
the semicolon at the end the following: ‘‘, pro-
vided such purchases align with the Statewide 
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Communication Interoperability Plan and are 
coordinated with the Statewide Interoperability 
Coordinator or Statewide interoperability gov-
ernance body of the State of the recipient’’; and 
(D) by inserting after paragraph (5) the 
following new paragraphs: 
‘‘(6) enhancing medical preparedness, medical 
surge capacity, and mass prophylaxis capabilities, in-
cluding the development and maintenance of an ini-
tial pharmaceutical stockpile, including medical kits 
and diagnostics sufficient to protect first responders, 
their families, immediate victims, and vulnerable 
populations from a chemical or biological event; 
‘‘(7) enhancing cybersecurity, including pre-
paring for and responding to cybersecurity risks and 
incidents (as such terms are defined in section 227) 
and developing statewide cyber threat information 
analysis and dissemination activities;’’; 
(E) in paragraph (8), as so redesignated, 
by striking ‘‘Homeland Security Advisory Sys-
tem’’ and inserting ‘‘National Terrorism Advi-
sory System’’; and 
(F) in paragraph (14), as so redesignated, 
by striking ‘‘3’’ and inserting ‘‘5’’; 
(2) in subsection (b)— 
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(A)
in
paragraph
(3)(B),
by
striking 
‘‘(a)(10)’’ and inserting ‘‘(a)(12)’’; and 
(B) in paragraph (4)(B)(i), by striking 
‘‘target’’ and inserting ‘‘core’’; and 
(3) in subsection (c), by striking ‘‘target’’ and 
‘‘core’’. 
SEC. 1607. APPROVAL OF CERTAIN EQUIPMENT. 
(a) IN GENERAL.—Section 2008 of the Homeland 
Security Act of 2002 (6 U.S.C. 609), as amended by this 
Act, is further amended— 
(1) in subsection (f)— 
(A) by striking ‘‘If an applicant’’ and in-
serting the following: 
‘‘(1) APPLICATION REQUIREMENT.—If an appli-
cant’’; and 
(B) by adding at the end the following new 
paragraphs: 
‘‘(2)
REVIEW
PROCESS.—The
Administrator 
shall implement a uniform process for reviewing ap-
plications that, in accordance with paragraph (1), 
contain explanations to use grants provided under 
section 2003 or 2004 to purchase equipment or sys-
tems that do not meet or exceed any applicable na-
tional
voluntary
consensus
standards
developed 
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under section 647 of the Post-Katrina Emergency 
Management Reform Act of 2006 (6 U.S.C. 747). 
‘‘(3) FACTORS.—In carrying out the review 
process under paragraph (2), the Administrator 
shall consider the following: 
‘‘(A) Current or past use of proposed 
equipment or systems by Federal agencies or 
the Armed Forces. 
‘‘(B) The absence of a national voluntary 
consensus standard for such equipment or sys-
tems. 
‘‘(C) The existence of an international con-
sensus standard for such equipment or systems, 
and whether such equipment or systems meets 
such standard. 
‘‘(D) The nature of the capability gap 
identified by the applicant, and how such equip-
ment or systems will address such gap. 
‘‘(E) The degree to which such equipment 
or systems will serve the needs of the applicant 
better than equipment or systems that meet or 
exceed existing consensus standards. 
‘‘(F) Any other factor determined appro-
priate by the Administrator.’’; and 
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(2) by adding at the end the following new sub-
section: 
‘‘(g) REVIEW PROCESS.—The Administrator shall 
implement a uniform process for reviewing applications to 
use grants provided under section 2003 or 2004 to pur-
chase equipment or systems not included on the Author-
ized Equipment List maintained by the Administrator.’’. 
(b) INSPECTOR GENERAL REPORT.—Not later than 
three years after the date of the enactment of this Act, 
the Inspector General of the Department of Homeland Se-
curity shall submit to the Committee on Homeland Secu-
rity of the House of Representatives and the Committee 
on Homeland Security and Governmental Affairs of the 
Senate a report assessing the implementation of the review 
process established under paragraph (2) of subsection (f) 
of section 2008 of the Homeland Security Act of 2002 
(as added by subsection (a) of this section), including in-
formation on the following: 
(1) The number of requests to purchase equip-
ment or systems that do not meet or exceed any ap-
plicable consensus standard evaluated under such re-
view process. 
(2) The capability gaps identified by applicants 
and the number of such requests granted or denied. 
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(3) The processing time for the review of such 
requests. 
SEC. 1608. MEMORANDA OF UNDERSTANDING. 
(a) IN GENERAL.—Subtitle B of title XX of the 
Homeland Security Act of 2002 (6 U.S.C. 611 et seq.) 
is amended by adding at the end the following new section: 
‘‘SEC. 2024. MEMORANDA OF UNDERSTANDING WITH DE-
PARTMENTAL COMPONENTS AND OFFICES. 
‘‘The Administrator shall enter into memoranda of 
understanding with the heads of the following depart-
mental components and offices delineating the roles and 
responsibilities of such components and offices regarding 
the policy and guidance for grants under section 1406 of 
the Implementing Recommendations of the 9/11 Commis-
sion Act of 2007 (6 U.S.C. 1135), sections 2003 and 2004 
of this Act, and section 70107 of title 46, United States 
Code, as appropriate: 
‘‘(1) The Commissioner of U.S. Customs and 
Border Protection. 
‘‘(2) The Administrator of the Transportation 
Security Administration. 
‘‘(3) The Commandant of the Coast Guard. 
‘‘(4) The Under Secretary for Intelligence and 
Analysis. 
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‘‘(5) The Director of the Office of Emergency 
Communications. 
‘‘(6) The Assistant Secretary for State and 
Local Law Enforcement. 
‘‘(7) The Countering Violent Extremism Coor-
dinator. 
‘‘(8) The Officer for Civil Rights and Civil Lib-
erties. 
‘‘(9) The Chief Medical Officer. 
‘‘(10) The heads of other components or offices 
of the Department, as determined by the Sec-
retary.’’. 
(b) CLERICAL AMENDMENT.—The table of contents 
in section 1(b) of the Homeland Security Act of 2002 is 
amended by inserting after the item relating to section 
2023 the following new item: 
‘‘Sec. 2024. Memoranda of understanding with departmental components and 
offices.’’. 
SEC. 1609. GRANTS METRICS. 
(a) IN GENERAL.—To determine the extent to which 
grants under sections 2003 and 2004 of the Homeland 
Security Act of 2002 (6 U.S.C. 603 and 604) have closed 
capability gaps identified in State Preparedness Reports 
required under subsection (c) of section 652 of the Post- 
Katrina Emergency Management Reform Act of 2006 (6 
U.S.C. 752; title VI of the Department of Homeland Secu-
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rity Appropriations Act, 2007; Public Law 109–295) and 
Threat and Hazard Identification and Risk Assessments 
required under subsections (e) and (f) of such sections 
2003 and 2004, respectively, as added by this Act, from 
each State and high-risk urban area, the Administrator 
of the Federal Emergency Management Agency shall con-
duct and 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 of the Sen-
ate an assessment of information provided in such Reports 
and Assessments. 
(b) ASSESSMENT REQUIREMENTS.—The assessment 
required under subsection (a) shall include a comparison 
of successive State Preparedness Reports and Threat and 
Hazard Identification and Risk Assessments that aggre-
gates results across the States and high-risk urban areas. 
SEC. 1610. GRANT MANAGEMENT BEST PRACTICES. 
The Administrator of the Federal Emergency Man-
agement Agency shall include in the annual Notice of 
Funding Opportunity relating to grants under sections 
2003 and 2004 of the Homeland Security Act of 2002 
(6 U.S.C. 604 and 605) an appendix that includes the fol-
lowing: 
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(1) A summary of findings identified by the Of-
fice of the Inspector General of the Department of 
Homeland Security in audits of such grants and 
methods to address areas identified for improve-
ment, including opportunities for technical assist-
ance. 
(2) Innovative projects and best practices insti-
tuted by grant recipients. 
SEC. 1611. PROHIBITION ON CONSOLIDATION. 
The Secretary of Homeland Security may not imple-
ment the National Preparedness Grant Program or any 
successor consolidated grant program unless the Secretary 
receives prior authorization from Congress permitting 
such implementation. 
SEC. 1612. MAINTENANCE OF GRANT INVESTMENTS. 
Section 2008 of the Homeland Security Act of 2002 
(6 U.S.C. 609), as amended by this Act, is further amend-
ed by adding at the end the following new subsection: 
‘‘(h) MAINTENANCE OF EQUIPMENT.—Any applicant 
for a grant under section 2003 or 2004 seeking to use 
funds to purchase equipment, including pursuant to para-
graphs (3), (4), (5), or (12) of subsection (a) of this sec-
tion, shall by the time of the receipt of such grant develop 
a plan for the maintenance of such equipment over its life- 
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cycle that includes information identifying which entity is 
responsible for such maintenance.’’. 
SEC. 1613. TRANSIT SECURITY GRANT PROGRAM. 
Section 1406 of the Implementing Recommendations 
of the 9/11 Commission Act of 2007 (6 U.S.C. 1135) is 
amended— 
(1) in subsection (b)(2)(A), by inserting ‘‘and 
associated backfill’’ after ‘‘security training’’; and 
(2) by striking subsection (m) and inserting the 
following new subsections: 
‘‘(m) PERIODS OF PERFORMANCE.— 
‘‘(1) IN GENERAL.—Except as provided in para-
graph (2), funds provided pursuant to a grant 
awarded under this section for a use specified in 
subsection (b) shall remain available for use by a 
grant recipient for a period of not fewer than 36 
months. 
‘‘(2) EXCEPTION.—Funds provided pursuant to 
a grant awarded under this section for a use speci-
fied in subparagraph (M) or (N) of subsection (b)(1) 
shall remain available for use by a grant recipient 
for a period of not fewer than 55 months. 
‘‘(n) AUTHORIZATION OF APPROPRIATIONS.—There 
is authorized to be appropriated for grants under this sec-
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tion $200,000,000 for each of fiscal years 2018 through 
2022.’’. 
SEC. 1614. PORT SECURITY GRANT PROGRAM. 
Section 70107 of title 46, United States Code, is 
amended by— 
(1) striking subsection (l); 
(2) redesignating subsection (m) as subsection 
(l); and 
(3) by adding at the end the following new sub-
sections: 
‘‘(n) PERIOD
OF PERFORMANCE.—The Secretary 
shall make funds provided under this section available for 
use by a recipient of a grant for a period of not less than 
36 months. 
‘‘(o) AUTHORIZATION OF APPROPRIATIONS.—There 
is authorized to be appropriated for grants under this sec-
tion $200,000,000 for each of the fiscal years 2018 
through 2022.’’. 
SEC. 1615. CYBER PREPAREDNESS. 
(a) IN GENERAL.—Section 227 of the Homeland Se-
curity Act of 2002 (6 U.S.C. 148) is amended— 
(1) in subsection (c)— 
(A) in paragraph (5)(B), by inserting ‘‘, 
including State, local, and regional fusion cen-
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ters, as appropriate’’ before the semicolon at 
the end; 
(B) in paragraph (7), in the matter pre-
ceding subparagraph (A), by striking ‘‘informa-
tion and recommendations’’ each place it ap-
pears and inserting ‘‘information, recommenda-
tions, and best practices’’; and 
(C) in paragraph (9), by inserting ‘‘best 
practices,’’ after ‘‘defensive measures,’’; and 
(2) in subsection (d)(1)(B)(ii), by inserting 
‘‘and State, local, and regional fusion centers, as ap-
propriate’’ before the semicolon at the end. 
(b) SENSE OF CONGRESS.—It is the sense of Con-
gress that to facilitate the timely dissemination to appro-
priate State, local, and private sector stakeholders of 
homeland security information related to cyber threats, 
the Secretary of Homeland Security should, to the great-
est extent practicable, work to share actionable informa-
tion in an unclassified form related to such threats. 
SEC.
1616.
MAJOR
METROPOLITAN
AREA
COUNTERTER-
RORISM
TRAINING
AND
EXERCISE
GRANT 
PROGRAM. 
(a) IN GENERAL.—Subtitle A of title XX of the 
Homeland Security Act of 2002 (6 U.S.C. 603 et seq.) 
is amended by adding at the end the following new section: 
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‘‘SEC. 2009. MAJOR METROPOLITAN AREA COUNTERTER-
RORISM
TRAINING
AND
EXERCISE
GRANT 
PROGRAM. 
‘‘(a) ESTABLISHMENT.— 
‘‘(1)
IN
GENERAL.—The
Secretary,
acting 
through the Administrator and the heads of other 
relevant components of the Department, shall carry 
out a program to make grants to emergency re-
sponse providers to prevent, prepare for, and re-
spond to emerging terrorist attack scenarios, includ-
ing complex, coordinated terrorist attacks and active 
shooters, as determined by the Secretary, against 
major metropolitan areas. 
‘‘(2) INFORMATION.—In establishing the pro-
gram pursuant to paragraph (1), the Secretary shall 
provide to eligible applicants— 
‘‘(A) information, in an unclassified for-
mat, on emerging terrorist attack scenarios, in-
cluding complex, coordinated terrorist attacks 
and active shooters, which grants under such 
program are intended to address; and 
‘‘(B) information on training and exercises 
best practices. 
‘‘(b) ELIGIBLE APPLICANTS.— 
‘‘(1)
IN
GENERAL.—Only
jurisdictions
that 
have previously received, but are no longer eligible 
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for, funding under section 2003 may apply for a 
grant under the program established pursuant to 
subsection (a). 
‘‘(2) ADDITIONAL JURISDICTIONS.—Eligible ap-
plicants receiving funding under the program estab-
lished pursuant to subsection (a) may include in ac-
tivities funded by such program neighboring jurisdic-
tions that would be likely to provide mutual aid in 
response to emerging terrorist attack scenarios, in-
cluding complex, coordinated terrorist attacks and 
active shooters. 
‘‘(c) PERMITTED USES.—The recipient of a grant 
under the program established pursuant to subsection (a) 
may use such grant to— 
‘‘(1) identify capability gaps related to pre-
paring for, preventing, and responding to emerging 
terrorist attack scenarios, including complex, coordi-
nated terrorist attacks and active shooters; 
‘‘(2) develop or update plans, annexes, and 
processes to address any capability gaps identified 
pursuant to paragraph (1); 
‘‘(3) conduct training to address such identified 
capability gaps; 
‘‘(4) conduct exercises, including at locations 
such as mass gathering venues, places of worship, or 
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educational institutions, as appropriate, to validate 
capabilities; 
‘‘(5) pay for backfill associated with personnel 
participating in training and exercises under para-
graphs (3) and (4); and 
‘‘(6) pay for other permitted uses under section 
2008. 
‘‘(d) PERIOD
OF PERFORMANCE.—The Adminis-
trator shall make funds provided under this section avail-
able for use by a recipient of a grant for a period of not 
fewer than 36 months. 
‘‘(e) INFORMATION SHARING.—The Administrator 
shall, to the extent practicable, aggregate, analyze, and 
share with relevant emergency response providers informa-
tion on best practices and lessons learned from— 
‘‘(1) the planning, training, and exercises con-
ducted using grants authorized under the program 
established pursuant to subsection (a); and 
‘‘(2)
responses
to
actual
terrorist
attacks 
around the world. 
‘‘(f) AUTHORIZATION OF APPROPRIATIONS.—There 
are authorized to be appropriated for grants under this 
section $39,000,000 for each of fiscal years 2018 through 
2022.’’. 
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(b) CLERICAL AMENDMENT.—The table of contents 
in section 1(b) of the Homeland Security Act of 2002 is 
amended by inserting after the item relating to section 
2008 the following new item: 
‘‘Sec. 2009. Major metropolitan area counterterrorism training and exercise 
grant program.’’. 
SEC. 1617. OPERATION STONEGARDEN. 
(a) IN GENERAL.—Subtitle A of title XX of the 
Homeland Security Act of 2002 (6 U.S.C. 601 et seq.), 
as amended by this Act, is further amended by adding 
at the end the following new section: 
‘‘SEC. 2010. OPERATION STONEGARDEN. 
‘‘(a) ESTABLISHMENT.—There is established in the 
Department a program to be known as ‘Operation 
Stonegarden’. Under such program, the Secretary, acting 
through the Administrator, shall make grants to eligible 
law enforcement agencies, through the State Administra-
tive Agency, to enhance border security in accordance with 
this section. 
‘‘(b) ELIGIBLE RECIPIENTS.—To be eligible to re-
ceive a grant under this section, a law enforcement agency 
shall— 
‘‘(1) be located in— 
‘‘(A) a State bordering either Canada or 
Mexico; or 
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‘‘(B) a State or territory with a maritime 
border; and 
‘‘(2) be involved in an active, ongoing U.S. Cus-
toms and Border Protection operation coordinated 
through a sector office. 
‘‘(c) PERMITTED USES.—The recipient of a grant 
under this section may use such grant for any of the fol-
lowing: 
‘‘(1) Equipment, including maintenance and 
sustainment costs. 
‘‘(2) Personnel, including overtime and backfill, 
in support of enhanced border law enforcement ac-
tivities. 
‘‘(3)
Any
activity
permitted
for
Operation 
Stonegarden under the Department of Homeland 
Security’s Fiscal Year 2016 Homeland Security 
Grant Program Notice of Funding Opportunity. 
‘‘(4) Any other appropriate activity, as deter-
mined by the Administrator, in consultation with the 
Commissioner of U.S. Customs and Border Protec-
tion. 
‘‘(d) PERIOD
OF PERFORMANCE.—The Secretary 
shall make funds provided under this section available for 
use by a recipient of a grant for a period of not less than 
36 months. 
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383 
‘‘(d) AUTHORIZATION OF APPROPRIATIONS.—There 
is authorized to be appropriated $110,000,000 for each 
of fiscal years 2018 through 2022 for grants under this 
section. 
‘‘(e) REPORT.—The Administrator shall annually for 
each of the fiscal years specified in subsection (d) 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 con-
taining information on the expenditure of grants made 
under this section by each grant recipient.’’. 
(b) CLERICAL AMENDMENT.—The table of contents 
in section 1(b) of the Homeland Security Act of 2002, as 
amended by this Act, is further amended by inserting after 
the item relating to section 2009 the following new item: 
‘‘Sec. 2010. Operation Stonegarden.’’. 
SEC. 1618. NON-PROFIT SECURITY GRANT PROGRAM. 
(a) IN GENERAL.—Subtitle A of title XX of the 
Homeland Security Act of 2002 (6 U.S.C. 601 et seq.), 
as amended by this Act, is further amended by adding 
at the end the following new section: 
‘‘SEC. 2011. NON-PROFIT SECURITY GRANT PROGRAM. 
‘‘(a) ESTABLISHMENT.—There is established in the 
Department a program to be known as the ‘Non-Profit 
Security Grant Program’ (in this section referred to as 
the ‘Program’). Under the Program, the Secretary, acting 
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384 
through the Administrator, shall make grants to eligible 
nonprofit
organizations
described
in
subsection
(b), 
through the State in which such organizations are located, 
for target hardening and other security enhancements to 
protect against terrorist attacks. 
‘‘(b) ELIGIBLE RECIPIENTS.—Eligible nonprofit or-
ganizations described in this subsection (a) are organiza-
tions that are— 
‘‘(1) described in section 501(c)(3) of the Inter-
nal Revenue Code of 1986 and exempt from tax 
under section 501(a) of such Code; and 
‘‘(2) determined to be at risk of a terrorist at-
tack by the Administrator. 
‘‘(c) PERMITTED USES.—The recipient of a grant 
under this section may use such grant for any of the fol-
lowing uses: 
‘‘(1)
Target
hardening
activities,
including 
physical security enhancement equipment and in-
spection and screening systems. 
‘‘(2) Fees for security training relating to phys-
ical security and cybersecurity, target hardening, 
terrorism awareness, and employee awareness. 
‘‘(3) Any other appropriate activity, as deter-
mined by the Administrator. 
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‘‘(d) PERIOD
OF PERFORMANCE.—The Adminis-
trator shall make funds provided under this section avail-
able for use by a recipient of a grant for a period of not 
less than 36 months. 
‘‘(e) REPORT.—The Administrator shall annually for 
each of fiscal years 2018 through 2022 submit to the 
Committee on Homeland Security of the House of Rep-
resentatives and the Committee on Homeland Security 
and Governmental Affairs of the Senate a report con-
taining information on the expenditure by each grant re-
cipient of grant funds made under this section. 
‘‘(f) AUTHORIZATION OF APPROPRIATIONS.— 
‘‘(1) IN GENERAL.—There is authorized to be 
appropriated $50,000,000 for each of fiscal years 
2018 through 2022 to carry out this section. 
‘‘(2) SPECIFICATION.—Of the amounts author-
ized to be appropriated pursuant to paragraph (1)— 
‘‘(A) $35,000,000 is authorized for eligible 
recipients located in jurisdictions that receive 
funding under section 2003; and 
‘‘(B) $15,000,000 is authorized for eligible 
recipients in jurisdictions not receiving funding 
under section 2003.’’. 
(b) CONFORMING AMENDMENT.—Subsection (a) of 
section 2002 of the Homeland Security Act of 2002 (6 
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386 
U.S.C. 603) is amended by striking ‘‘sections 2003 and 
2004’’ and inserting ‘‘sections 2003, 2004, and 2011’’. 
(c) CLERICAL AMENDMENT.—The table of contents 
in section 1(b) of the Homeland Security Act of 2002 is 
amended by inserting after the item relating to section 
2008 the following new item: 
‘‘Sec. 2011. Non-Profit Security Grant Program.’’. 
SEC. 1619. STUDY OF THE USE OF GRANT FUNDS FOR CY-
BERSECURITY. 
Not later than 120 days after the enactment of this 
section, the Administrator, in consultation with relevant 
components of the Department, shall conduct a study on 
the use of grant funds awarded pursuant to section 2003 
and section 2004 of the Homeland Security Act of 2002 
(6 U.S.C. 604 and 605), including information on the fol-
lowing: 
(1) The amount of grant funds invested or obli-
gated annually during fiscal years 2006 through 
2016 to support efforts to prepare for and respond 
to cybersecurity risks and incidents (as such terms 
are defined in section 227 of such Act (6 U.S.C. 
148). 
(2) The degree to which grantees identify cyber-
security as a capability gap in the Threat and Haz-
ard Identification and Risk Assessment carried out 
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387 
pursuant to the amendment made by sections 601 
and 602 of this title. 
(3) Obstacles and challenges related to using 
grant funds to improve cybersecurity. 
(4) Plans for future efforts to encourage grant-
ees to use grant funds to improve cybersecurity ca-
pabilities. 
Subtitle B—Communications 
SEC. 1631. OFFICE OF EMERGENCY COMMUNICATIONS. 
The Secretary of Homeland Security may not change 
the location or reporting structure of the Office of Emer-
gency Communications of the Department of Homeland 
Security unless the Secretary receives prior authorization 
from the Committee on Homeland Security of the House 
of Representatives and the Committee on Homeland Secu-
rity and Governmental Affairs of the Senate permitting 
such change. 
SEC. 1632. RESPONSIBILITIES OF OFFICE OF EMERGENCY 
COMMUNICATIONS DIRECTOR. 
(a) IN GENERAL.—Subsection (c) of section 1801 of 
the Homeland Security Act of 2002 (6 U.S.C. 571) is 
amended— 
(1) by striking paragraph (3); 
(2) by redesignating paragraphs (4) through 
(15) as paragraphs (3) through (14), respectively; 
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(3) in paragraph (8), as so redesignated, by 
striking ‘‘, in cooperation with the National Commu-
nications System,’’; 
(4) in paragraph (12) by striking ‘‘Assistant 
Secretary for Grants and Training’’ and inserting 
‘‘Administrator of the Federal Emergency Manage-
ment Agency’’; 
(5) in paragraph (13), as so redesignated, by 
striking ‘‘and’’ at the end; 
(6) in paragraph (14), as so redesignated, by 
striking the period at the end and inserting a semi-
colon; and 
(7) by adding at the end the following new 
paragraphs: 
‘‘(15) administer the Government Emergency 
Telecommunications Service (GETS) and Wireless 
Priority Service (WPS) programs, or successor pro-
grams; and 
‘‘(16) assess the impact of emerging tech-
nologies on interoperable emergency communica-
tions.’’. 
(b) PERFORMANCE OF PREVIOUSLY TRANSFERRED 
FUNCTIONS.—Subsection (d) of section 1801 of the 
Homeland Security Act of 2002 is amended by— 
(1) striking paragraph (2); and 
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(2) redesignating paragraph (3) as paragraph 
(2). 
SEC. 1633. ANNUAL REPORTING ON ACTIVITIES OF THE OF-
FICE OF EMERGENCY COMMUNICATIONS. 
Subsection (f) of section 1801 of the Homeland Secu-
rity Act of 2002 (6 U.S.C. 571) is amended to read as 
follows: 
‘‘(f) ANNUAL REPORTING OF OFFICE ACTIVITIES.— 
The Director of the Office of Emergency Communications 
shall, not later than one year after the date of the enact-
ment of this subsection and annually thereafter for each 
of the next four years, report to the Committee on Home-
land Security and the Committee on Energy and Com-
merce of the House of Representatives and the Committee 
on Homeland Security and Governmental Affairs of the 
Senate on the activities and programs of the Office, in-
cluding specific information on efforts to carry out para-
graphs (4), (5), and (6) of subsection (c).’’. 
SEC.
1634.
NATIONAL
EMERGENCY
COMMUNICATIONS 
PLAN. 
Section 1802 of the Homeland Security Act of 2002 
(6 U.S.C. 572) is amended— 
(1) in subsection (a), in the matter preceding 
paragraph (1)— 
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390 
(A) by striking ‘‘, and in cooperation with 
the Department of National Communications 
System (as appropriate),’’; and 
(B) by inserting ‘‘, but not less than once 
every five years,’’ after ‘‘periodically’’; and 
(2) in subsection (c)— 
(A)
by
redesignating
paragraphs
(3) 
through (10) as paragraphs (4) through (11), 
respectively; and 
(B) by inserting after paragraph (2) the 
following new paragraph: 
‘‘(3) consider the impact of emerging tech-
nologies on the attainment of interoperable emer-
gency communications;’’. 
SEC. 1635. TECHNICAL EDIT. 
Paragraph (1) of section 1804(b) of the Homeland 
Security Act of 2002 (6 U.S.C. 574(b)), in the matter pre-
ceding subparagraph (A), by striking ‘‘Assistant Secretary 
for Grants and Planning’’ and inserting ‘‘Administrator 
of the Federal Emergency Management Agency’’. 
SEC. 1636. PUBLIC SAFETY BROADBAND NETWORK. 
The Undersecretary of the National Protection and 
Programs Directorate of the Department of Homeland Se-
curity shall provide to the Committee on Homeland Secu-
rity and the Committee on Energy and Commerce of the 
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391 
House of Representatives and the Committee on Home-
land Security and Governmental Affairs of the Senate in-
formation on the Department of Homeland Security’s re-
sponsibilities related to the development of the nationwide 
Public Safety Broadband Network authorized in section 
6202 of the Middle Class Tax Relief and Job Creation 
Act of 2012 (47 U.S.C. 1422; Public Law 112–96), in-
cluding information on efforts by the Department to work 
with the First Responder Network Authority of the De-
partment of Commerce to identify and address cyber risks 
that could impact the near term or long term availability 
and operations of such network and recommendations to 
mitigate such risks. 
SEC. 1637. COMMUNICATIONS TRAINING. 
The Under Secretary for Management of the Depart-
ment of Homeland Security, in coordination with the ap-
propriate component heads, shall develop a mechanism, 
consistent with the strategy required pursuant to section 
4 of the Department of Homeland Security Interoperable 
Communications Act (Public Law 114–29; 6 U.S.C. 194 
note), to verify that radio users within the Department 
receive initial and ongoing training on the use of the radio 
systems of such components, including interagency radio 
use protocols. 
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(17) By striking the items relating to sections 
893 and 894 and inserting the following new item: 
‘‘Sec. 893. Authorization of appropriations.’’. 
(18) By striking the items relating to sections 
1502 and 1503 and inserting the following new 
item: 
‘‘Sec. 1502. Review of congressional committee structures.’’. 
SEC. 1706. SAVINGS CLAUSE. 
Nothing in this Act shall be construed as providing 
the Department of Homeland Security or any of its com-
ponents, agencies, or programs with real property author-
ity, including with respect to leases, construction, or other 
acquisitions and disposals. 
DIVISION B—U.S. IMMIGRATION 
AND CUSTOMS ENFORCEMENT 
SEC. 2001. SHORT TITLE. 
This division may be cited as the ‘‘Immigration and 
Customs Enforcement Authorization Act of 2017’’. 
SEC. 2002. ESTABLISHMENT OF U.S. IMMIGRATION AND 
CUSTOMS ENFORCEMENT. 
(a) IN GENERAL.—Section 442 of the Homeland Se-
curity Act of 2002 (6 U.S.C. 252) is amended to read 
as follows: 
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‘‘SEC.
442.
ESTABLISHMENT
OF
U.S.
IMMIGRATION
AND 
CUSTOMS ENFORCEMENT. 
‘‘(a) ESTABLISHMENT.—There is established within 
the Department an agency to be known as ‘U.S. Immigra-
tion and Customs Enforcement’. 
‘‘(b) DIRECTOR OF U.S. IMMIGRATION AND CUSTOMS 
ENFORCEMENT.—There shall be at the head of U.S. Im-
migration and Customs Enforcement a Director of U.S. 
Immigration and Customs Enforcement (in this section re-
ferred to as the ‘Director’). 
‘‘(c) DUTIES AND QUALIFICATIONS.—The Director 
shall— 
‘‘(1) have a minimum five years— 
‘‘(A) professional experience in law en-
forcement (which may include enforcement of 
the immigration laws, as defined in section 
101(a)(17) of the Immigration and Nationality 
Act (8 U.S.C. 1101(a)(17)) or the customs and 
trade laws of the United States, as defined in 
section 2 of the Trade Facilitation and Trade 
Enforcement Act of 2015 (19 U.S.C. 4301)); 
and 
‘‘(B) management experience; 
‘‘(2) identify, arrest, detain and seek the re-
moval of inadmissible and deportable aliens and oth-
erwise enforce the immigration laws (as defined in 
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‘‘(C) seek to ensure the integrity of immi-
gration benefits processing that occurs at the 
Service Centers; and 
‘‘(D) carry out other duties and powers 
prescribed by law or delegated by the Director. 
‘‘(m) MANAGEMENT DIRECTORATE.— 
‘‘(1) IN GENERAL.—There is established within 
United States Citizenship and Immigration Services 
a Management Directorate. 
‘‘(2) ASSOCIATE DIRECTOR.—There shall be at 
the head of the Management Directorate an Asso-
ciate Director who shall report to the Director. 
‘‘(3) DUTIES.—The Management Directorate 
shall carry out management duties and powers pre-
scribed by law or delegated by the Director. 
‘‘(n) OFFICE OF PROFESSIONAL RESPONSIBILITY.— 
‘‘(1) IN GENERAL.—There is established within 
United States Citizenship and Immigration Services 
an Office of Professional Responsibility. 
‘‘(2) CHIEF.—There shall be at the head of the 
Office of Professional Responsibility a Chief who 
shall report to the Director. 
‘‘(3) DUTIES.—The Office of Professional Re-
sponsibility shall— 
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453 
‘‘(h) The Director of the Secret Service shall be ap-
pointed by the President, by and with the advice and con-
sent of the Senate. The Director of the Secret Service is 
the head of the Secret Service.’’. 
SEC. 4003. RESTRICTED BUILDING OR GROUNDS. 
Section 1752(a) of title 18, United States Code, is 
amended— 
(1) in paragraph (3), by striking ‘‘or’’ at the 
end; 
(2) in paragraph (4), by inserting ‘‘or’’ at the 
end; and 
(3) by inserting after paragraph (4) the fol-
lowing: 
‘‘(5) knowingly, and with the intent to enter a 
restricted building or grounds, causes any object to 
enter any restricted building or grounds, when, or so 
that, such object, in fact, impedes or disrupts the or-
derly conduct of government business or official 
functions;’’. 
SEC. 4004. THREATS AGAINST FORMER VICE PRESIDENTS. 
Section 879(a) of title 18, United States Code, is 
amended— 
(1) in paragraph (4), by striking ‘‘section 
3056(a)(6);’’ and inserting ‘‘paragraph (6) or (8) of 
section 3056(a); or’’; and 
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455 
SEC.
4007.
EVALUATION
OF
VULNERABILITIES
AND 
THREATS. 
(a) IN GENERAL.—The Director of the Secret Service 
shall devise and adopt improved procedures for evaluating 
vulnerabilities in the security of the White House and 
threats to persons protected by the Secret Service, includ-
ing threats posed by unmanned aerial systems or explosive 
devices. 
(b) REPORT.—Not later than 1 year after the date 
of enactment of this Act, the Director of the Secret Service 
shall report on the implementation of subsection (a) to— 
(1) the Committee on the Judiciary of the 
House of Representatives; 
(2) the Committee on the Judiciary of the Sen-
ate; 
(3) the Committee on Homeland Security of the 
House of Representatives; 
(4) the Committee on Homeland Security and 
Governmental Affairs of the Senate; and 
(5) the Committee on Oversight and Govern-
ment Reform of the House of Representatives. 
SEC. 4008. EVALUATION OF USE OF TECHNOLOGY. 
(a) IN GENERAL.—The Director of the Secret Serv-
ice, in consultation with the Under Secretary for Science 
and Technology of the Department of Homeland Security, 
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705 
(1) PRELIMINARY
REPORT.—Not later than 2 
years after the date of enactment of this Act, the Sec-
retary shall submit to the congressional homeland se-
curity committees a preliminary report describing the 
implementation of the pilot program established 
under subsection (b), including the number of partici-
pating employees from the Department and from pri-
vate sector organizations, the departmental missions 
or programs carried out by employees participating 
in the pilot program, and recommendations to maxi-
mize efficiencies and the effectiveness of the pilot pro-
gram in order to support Department cybersecurity 
missions and objectives. 
(2) FINAL REPORT.—Not later than 6 years after 
the date of enactment of this Act, the Secretary shall 
submit to the congressional homeland security com-
mittees a final report describing the implementation 
of the pilot program established under subsection (b), 
including the number of participating employees from 
the Department and from private sector organiza-
tions, the departmental missions or programs carried 
out by employees participating in the pilot program, 
and providing a recommendation on whether the pilot 
program should be made permanent. 
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on the prevalence and impact of bid protests on the acquisi-
tion process of the Department, in particular bid protests 
filed with the Government Accountability Office and the 
United States Court of Federal Claims. 
(c) CONTENTS.—The report required under subsection 
(b) shall include— 
(1) with respect to contracts with the Depart-
ment— 
(A) trends in the number of bid protests 
filed with Federal agencies, the Government Ac-
countability Office, and Federal courts and the 
rate of those bid protests compared to contract 
obligations and the number of contracts; 
(B) an analysis of bid protests filed by in-
cumbent contractors, including the rate at which 
those contractors are awarded bridge contracts or 
contract extensions over the period during which 
the bid protest remains unresolved; 
(C) a comparison of the number of bid pro-
tests and the outcome of bid protests for— 
(i) awards of contracts compared to 
awards of task or delivery orders; 
(ii) contracts or orders primarily for 
products compared to contracts or orders 
primarily for services; 
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761 
(iii) protests filed pre-award to chal-
lenge the solicitation compared to those filed 
post-award; 
(iv) contracts or awards with single 
protestors compared to multiple protestors; 
and 
(v) contracts with single awards com-
pared to multiple award contracts; 
(D) a description of trends in the number 
of bid protests filed as a percentage of contracts 
and as a percentage of task or delivery orders by 
the value of the contract or order with respect 
to— 
(i) contracts valued at more than 
$300,000,000; 
(ii) contracts valued at not less than 
$50,000,000 
and 
not 
more 
than 
$300,000,000; 
(iii) contracts valued at not less than 
$10,000,000 
and 
not 
more 
than 
$50,000,000; and 
(iv) contracts valued at less than 
$10,000,000; 
(E) an assessment of the cost and schedule 
impact of successful and unsuccessful bid pro-
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