I 
115TH CONGRESS 
2D SESSION 
H. R. 6063 
To enact certain existing laws relating to domestic security as title 6, United 
States Code, ‘‘Domestic Security’’, and to make technical amendments 
to improve the United States Code. 
IN THE HOUSE OF REPRESENTATIVES 
JUNE 8, 2018 
Mr. SENSENBRENNER introduced the following bill; which was referred to the 
Committee on the Judiciary 
A BILL 
To enact certain existing laws relating to domestic security 
as title 6, United States Code, ‘‘Domestic Security’’, 
and to make technical amendments to improve the 
United States Code. 
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 
VerDate Sep 11 2014 
18:05 Jun 12, 2018
Jkt 079200
PO 00000
Frm 00001
Fmt 6652
Sfmt 6221
E:\BILLS\H6063.IH
H6063
pamtmann on DSKBFK8HB2PROD with BILLS
(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 imperfec-
tions, 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. 
101. General .............................................................................................................
10101 
103. Department of Homeland Security ..................................................................
10301 
105. Information Analysis and Infrastructure Protection ........................................
10501 
107. Science and Technology in Support of Homeland Security .............................
10701 
109. Border, Maritime, and Transportation Security ..............................................
10901 
111. National Emergency Management ...................................................................
11101 
113. Transportation Security Administration ..........................................................
11301 
115. Management .....................................................................................................
11501 
117. Coordination With Other Entities ....................................................................
11701 
119. Homeland Security Council ..............................................................................
11901 
121. Emergency Communications ............................................................................
12101 
123. Domestic Nuclear Detection Office ..................................................................
12301 
125. Homeland Security Grants ...............................................................................
12501 
127. Anti-Trafficking Training for Department Personnel ......................................
12701 
Subtitle II—National Emergency Management 
201. General .............................................................................................................
20101 
203. Emergency Management Capabilities ...............................................................
20301 
205. Comprehensive Preparedness System ...............................................................
20501 
207. Prevention of Fraud, Waste, and Abuse ..........................................................
20701 
Subtitle III—Port Security and Accountability 
301. General .............................................................................................................
30101 
303. Security of United States Seaports ..................................................................
30301 
VerDate Sep 11 2014 
18:05 Jun 12, 2018
Jkt 079200
PO 00000
Frm 00002
Fmt 6652
Sfmt 6231
E:\BILLS\H6063.IH
H6063
pamtmann on DSKBFK8HB2PROD with BILLS
305. Security of the International Supply Chain .....................................................
30501 
307. Administration ..................................................................................................
30701 
Subtitle IV—Transportation Security 
401. General .............................................................................................................
40101 
403. Transportation Security Planning, Information Sharing, and Enhancements 
40301 
405. Public Transportation Security ........................................................................
40501 
407. Surface Transportation Security ......................................................................
40701 
409. Air Transportation Security .............................................................................
40901 
Subtitle I—Homeland Security 
Organization 
Chapter 101—General 
Sec. 
10101.
Definitions. 
10102.
Construction; relationship to other laws. 
§ 10101. Definitions 
In this subtitle: 
(1) AMERICAN HOMELAND; HOMELAND.—Each of the terms ‘‘Amer-
ican homeland’’ and ‘‘homeland’’ means the United States. 
(2) APPROPRIATE CONGRESSIONAL COMMITTEE.—The term ‘‘appro-
priate congressional committee’’ means a committee of the House of 
Representatives or the Senate having legislative or oversight jurisdic-
tion under the Rules of the House of Representatives or the Senate, 
respectively, over the matter concerned. 
(3) ASSETS.—The term ‘‘assets’’ includes contracts, facilities, prop-
erty, 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 Infra-
structures 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 re-
sponse providers’’ includes Federal, State, and local governmental and 
nongovernmental emergency public safety, fire, law enforcement, emer-
gency response, emergency medical (including hospital emergency facili-
ties), 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 electro-
magnetic pulse caused by an act of terrorism. 
VerDate Sep 11 2014 
18:05 Jun 12, 2018
Jkt 079200
PO 00000
Frm 00003
Fmt 6652
Sfmt 6221
E:\BILLS\H6063.IH
H6063
pamtmann on DSKBFK8HB2PROD with BILLS
(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 enti-
ty of the Department that collects, gathers, processes, analyzes, pro-
duces, or disseminates intelligence information within the scope of the 
information sharing environment, including homeland security informa-
tion, terrorism information, and weapons of mass destruction informa-
tion, 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 Intel-
ligence with respect to the Coast Guard as an element of the intel-
ligence community (as defined under section 3 of the National Se-
curity 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 au-
thority, 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), re-
gional or interstate government entity, or agency or instrumen-
tality of a local government; 
(B) an Indian tribe or authorized tribal organization, or in Alas-
ka a Native village or Alaska Regional Native Corporation; and 
(C) a rural community, unincorporated town or village, or other 
public entity. 
VerDate Sep 11 2014 
18:05 Jun 12, 2018
Jkt 079200
PO 00000
Frm 00004
Fmt 6652
Sfmt 6221
E:\BILLS\H6063.IH
H6063
pamtmann on DSKBFK8HB2PROD with BILLS
(14) MAJOR DISASTER.—The term ‘‘major disaster’’ has the mean-
ing 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 em-
ployees. 
(16) SECRETARY.—The term ‘‘Secretary’’ means the Secretary of 
Homeland Security. 
(17) STATE.—The term ‘‘State’’ means a State, the District of Co-
lumbia, 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 destruc-
tion, 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 ‘‘vol-
untary preparedness standards’’ means a common set of criteria for 
preparedness, disaster management, emergency management, and busi-
ness 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). 
§ 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 cir-
cumstance, 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 provi-
VerDate Sep 11 2014 
18:05 Jun 12, 2018
Jkt 079200
PO 00000
Frm 00005
Fmt 6652
Sfmt 6221
E:\BILLS\H6063.IH
H6063
pamtmann on DSKBFK8HB2PROD with BILLS
sion to other persons not similarly situated or to other, dissimilar cir-
cumstances. 
(b) RELATIONSHIP TO OTHER LAWS.— 
(1) NATIONAL SECURITY RESPONSIBILITIES.—Nothing in this sub-
title (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 Presi-
dent, 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 su-
persede 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 declas-
sified 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 (Pub-
lic Law 107–296, 116 Stat. 2135)) affects the authority of the Na-
tional 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 Na-
tional 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. 
VerDate Sep 11 2014 
18:05 Jun 12, 2018
Jkt 079200
PO 00000
Frm 00006
Fmt 6652
Sfmt 6231
E:\BILLS\H6063.IH
H6063
pamtmann on DSKBFK8HB2PROD with BILLS
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 ap-
praisals. 
10354.
Compliance with laws protecting equal employment opportunity and providing whistle-
blower 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 
§ 10301. Establishment; mission; seal 
(a) ESTABLISHMENT.—The Department of Homeland Security is an exec-
utive 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 ter-
rorist attacks that do occur within the United States; 
VerDate Sep 11 2014 
18:05 Jun 12, 2018
Jkt 079200
PO 00000
Frm 00007
Fmt 6652
Sfmt 6221
E:\BILLS\H6063.IH
H6063
pamtmann on DSKBFK8HB2PROD with BILLS
(D) carry out all functions of entities transferred to the Depart-
ment, 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 ex-
plicit 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 secur-
ing the homeland; and 
(H) monitor connections between illegal drug trafficking and 
terrorism, coordinate efforts to sever the connections, and other-
wise contribute to efforts to interdict illegal drug trafficking. 
(2) RESPONSIBILITY FOR INVESTIGATING AND PROSECUTING TER-
RORISM.—Except as specifically provided by law with respect to entities 
transferred to the Department under this subtitle, primary responsi-
bility for investigating and prosecuting acts of terrorism shall be vested 
not in the Department, but rather in Federal, State, and local law en-
forcement 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. 
§ 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, DI-
RECTORS, ASSISTANT SECRETARIES, AND GENERAL COUNSEL.— 
(1) IN GENERAL.—Except as provided in paragraph (2), the Depart-
ment 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 chap-
ter 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. 
VerDate Sep 11 2014 
18:05 Jun 12, 2018
Jkt 079200
PO 00000
Frm 00008
Fmt 6652
Sfmt 6221
E:\BILLS\H6063.IH
H6063
pamtmann on DSKBFK8HB2PROD with BILLS
(F) Under Secretary for Management, who shall be 1st assist-
ant 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 infra-
structure 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 Depart-
ment. 
(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 COMMUNICA-
TIONS.—There is in the Department an Assistant Secretary for Cyber-
security 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 In-
spector General and an Inspector General at the head of the office, as pro-
vided 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 Fi-
nancial Officer, as provided in chapter 9 of title 31. 
(f) CHIEF MEDICAL OFFICER.—There is in the Department a Chief Med-
ical 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. 
VerDate Sep 11 2014 
18:05 Jun 12, 2018
Jkt 079200
PO 00000
Frm 00009
Fmt 6652
Sfmt 6221
E:\BILLS\H6063.IH
H6063
pamtmann on DSKBFK8HB2PROD with BILLS
(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 SEC-
RETARY AND FURTHER ORDER OF SUCCESSION.— 
(1) ABSENCE, DISABILITY, OR VACANCY OF SECRETARY OR DEPUTY 
SECRETARY.— 
(A) UNDER SECRETARY FOR MANAGEMENT TO SERVE AS ACT-
ING
SECRETARY.—Notwithstanding chapter 33 of title 5, the 
Under Secretary for Management shall serve as the Acting Sec-
retary if by reason of absence, disability, or vacancy in office, nei-
ther the Secretary nor the Deputy Secretary is available to exer-
cise 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. 
§ 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 Intel-
ligence Officer of the Department. 
(b) HOMELAND SECURITY INTELLIGENCE PROGRAM.—The Homeland Se-
curity Intelligence Program in the Department coordinates the intelligence 
activities of the Office of Intelligence and Analysis that serve predominantly 
department missions. 
§ 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. 
VerDate Sep 11 2014 
18:05 Jun 12, 2018
Jkt 079200
PO 00000
Frm 00010
Fmt 6652
Sfmt 6221
E:\BILLS\H6063.IH
H6063
pamtmann on DSKBFK8HB2PROD with BILLS
§ 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 Direc-
torate. 
§ 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 Com-
missioner of U.S. Customs and Border Protection (in this section re-
ferred 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 Com-
missioner 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 indi-
viduals 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 weap-
ons, persons, and contraband; and 
(C) carry out other duties and powers prescribed by the Com-
missioner. 
(f) OFFICE OF AIR AND MARINE OPERATIONS.— 
VerDate Sep 11 2014 
18:05 Jun 12, 2018
Jkt 079200
PO 00000
Frm 00011
Fmt 6652
Sfmt 6221
E:\BILLS\H6063.IH
H6063
pamtmann on DSKBFK8HB2PROD with BILLS
(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 Com-
missioner 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 peo-
ple, 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. Im-
migration 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 pre-
scribes. 
(4) AIR AND MARINE OPERATIONS CENTER.— 
(A) IN GENERAL.—There is in the Office of Air and Marine Op-
erations an Air and Marine Operations Center. 
(B) EXECUTIVE
DIRECTOR.—The Executive Director is the 
head of the Air and Marine Operations Center. The Executive Di-
rector 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 As-
sistant Commissioner. 
(g) OFFICE OF FIELD OPERATIONS.— 
(1) IN GENERAL.—There is in U.S. Customs and Border Protection 
an Office of Field Operations. 
VerDate Sep 11 2014 
18:05 Jun 12, 2018
Jkt 079200
PO 00000
Frm 00012
Fmt 6652
Sfmt 6221
E:\BILLS\H6063.IH
H6063
pamtmann on DSKBFK8HB2PROD with BILLS
(2) EXECUTIVE ASSISTANT COMMISSIONER.—An Executive Assistant 
Commissioner is the head of the Office of Field Operations. The Execu-
tive Assistant Commissioner shall report to the Commissioner. 
(3) DUTIES.—The Office of Field Operations shall coordinate the en-
forcement 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 en-
tering 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 expe-
dite 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 pre-
scribes. 
(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 re-
port 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 ex-
amination; 
(iii) coordinate the examination of entry and exit of trav-
elers and cargo; 
(iv) develop and conduct commercial risk assessment tar-
geting with respect to cargo destined for the United States; 
(v) coordinate with the Transportation Security Adminis-
tration, as appropriate; 
VerDate Sep 11 2014 
18:05 Jun 12, 2018
Jkt 079200
PO 00000
Frm 00013
Fmt 6652
Sfmt 6221
E:\BILLS\H6063.IH
H6063
pamtmann on DSKBFK8HB2PROD with BILLS
(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 As-
sistant 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 su-
pervisors, 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 As-
sistant Commissioner determines that a classified form is appro-
priate 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 Af-
fairs and the Committee on Finance of the Senate of the rea-
soning 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 re-
port to the Commissioner. 
(3) DUTIES.—The Office of Intelligence shall— 
(A) develop, provide, coordinate, and implement intelligence ca-
pabilities into a cohesive intelligence enterprise to support the exe-
cution of the duties and responsibilities of U.S. Customs and Bor-
der 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 relation-
ships with Federal, State, local, and tribal agencies and intel-
ligence agencies; 
(D) conduct risk-based covert testing of U.S. Customs and Bor-
der Protection operations, including for nuclear and radiological 
risks; and 
VerDate Sep 11 2014 
18:05 Jun 12, 2018
Jkt 079200
PO 00000
Frm 00014
Fmt 6652
Sfmt 6221
E:\BILLS\H6063.IH
H6063
pamtmann on DSKBFK8HB2PROD with BILLS
(E) carry out other duties and powers the Commissioner pre-
scribes. 
(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 Commis-
sioner 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 Protec-
tion’s foreign initiatives, policies, programs, and activities; 
(B) coordinate and support U.S. Customs and Border Protec-
tion’s personnel stationed abroad; 
(C) maintain partnerships and information sharing agreements 
and arrangements with foreign governments, international organi-
zations, 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 engage-
ment in international negotiations; 
(H) advise the Commissioner with respect to matters arising in 
the World Customs Organization and other international organiza-
tions 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 Protec-
tion; and 
(J) carry out other duties and powers the Commissioner pre-
scribes. 
(j) OFFICE OF PROFESSIONAL RESPONSIBILITY.— 
(1) IN GENERAL.—There is in U.S. Customs and Border Protection 
an Office of Professional Responsibility. 
VerDate Sep 11 2014 
18:05 Jun 12, 2018
Jkt 079200
PO 00000
Frm 00015
Fmt 6652
Sfmt 6221
E:\BILLS\H6063.IH
H6063
pamtmann on DSKBFK8HB2PROD with BILLS
(2) ASSISTANT COMMISSIONER.–An Assistant Commissioner is the 
head of the Office of Professional Responsibility. The Assistant Com-
missioner shall report to the Commissioner. 
(3) DUTIES.—The Office of Professional Responsibility shall— 
(A) investigate criminal and administrative matters and mis-
conduct by officers, agents, and other employees of U.S. Customs 
and Border Protection; 
(B) manage integrity-related programs and policies of U.S. Cus-
toms and Border Protection; 
(C) conduct research and analysis regarding misconduct of offi-
cers, agents, and other employees of U.S. Customs and Border 
Protection; and 
(D) carry out other duties and powers the Commissioner pre-
scribes. 
(k) OFFICE OF TRADE.— 
(1) DEFINITIONS.—In this subsection, the terms ‘‘customs and trade 
laws of the United States’’, ‘‘trade enforcement’’, and ‘‘trade facilita-
tion’’ have the meanings given the terms in section 2 of the Trade Fa-
cilitation 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 Assist-
ant 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 regu-
lations 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 Com-
missioner 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 relat-
ing to the priority trade issues identified by the Commissioner in 
the joint strategic plan on trade facilitation and trade enforcement 
VerDate Sep 11 2014 
18:05 Jun 12, 2018
Jkt 079200
PO 00000
Frm 00016
Fmt 6652
Sfmt 6221
E:\BILLS\H6063.IH
H6063
pamtmann on DSKBFK8HB2PROD with BILLS
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 de-
velopment 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 implemen-
tation of the Automated Commercial Environment computer sys-
tem authorized under section 13031(f)(5) of the Consolidated Om-
nibus 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 regu-
lations adopted by U.S. Customs and Border Protection dur-
ing the preceding calendar year; and 
(ii) a description of the public vetting and interagency con-
sultation 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 Com-
mittee 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 Home-
land Security of the House of Representatives of the specific assets, 
functions, or personnel to be transferred, and the reason for the trans-
fer. 
(l) OTHER AUTHORITIES.— 
(1) IN GENERAL.–The Secretary may establish such other offices or 
positions of Assistant Commissioners (or other similar officers or offi-
cials) as the Secretary determines necessary to carry out the missions, 
VerDate Sep 11 2014 
18:05 Jun 12, 2018
Jkt 079200
PO 00000
Frm 00017
Fmt 6652
Sfmt 6221
E:\BILLS\H6063.IH
H6063
pamtmann on DSKBFK8HB2PROD with BILLS
duties, functions, and authorities of U.S. Customs and Border Protec-
tion. 
(2) NOTIFICATION.—If the Secretary exercises the authority pro-
vided under paragraph (1), the Secretary shall notify the Committee 
on Homeland Security of the House of Representative and the Com-
mittee 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. 
§ 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 Enforce-
ment is the head of U.S. Immigration and Customs Enforcement. The Di-
rector 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. 
§ 10308. U.S. Citizenship and Immigration Services 
There is in the Department an agency known as U.S. Citizenship and Im-
migration Services. The Director of U.S. Citizenship and Immigration Serv-
ices 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 man-
agement experience, and shall be paid at the same level as the Director of 
Immigration and Customs Enforcement. 
§ 10309. Federal Emergency Management Agency 
(a) ESTABLISHMENT.—There is in the Department the Federal Emer-
gency 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 Sen-
ate, from among individuals who have— 
(1) a demonstrated ability in and knowledge of emergency manage-
ment 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 Administra-
tors to assist the Administrator in carrying out chapter 111 of this title. 
VerDate Sep 11 2014 
18:05 Jun 12, 2018
Jkt 079200
PO 00000
Frm 00018
Fmt 6652
Sfmt 6221
E:\BILLS\H6063.IH
H6063
pamtmann on DSKBFK8HB2PROD with BILLS
§ 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 secu-
rity. 
(2) TERM.—The term of office of an individual appointed as the Ad-
ministrator is 5 years. 
(3) LIMITATION ON OWNERSHIP OF STOCKS AND BONDS.—The Ad-
ministrator may not own stock in or bonds of a transportation or secu-
rity enterprise or an enterprise that makes equipment that could be 
used for security purposes. 
§ 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, as-
sets, 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 oper-
ation of the United States Secret Service that is necessary for the de-
tection and prosecution of crimes against the United States— 
(A) sums appropriated for the Secret Service, including unobli-
gated 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 ter-
ritories 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 unobli-
gated 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 corpora-
tions 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 unobli-
gated balances available from prior fiscal years and the proceeds 
VerDate Sep 11 2014 
18:05 Jun 12, 2018
Jkt 079200
PO 00000
Frm 00019
Fmt 6652
Sfmt 6221
E:\BILLS\H6063.IH
H6063
pamtmann on DSKBFK8HB2PROD with BILLS
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 off-
set 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 un-
dercover investigative operation. The certification shall continue in ef-
fect for the duration of the operation, without regard to fiscal years. 
(3) DEPOSIT OF PROCEEDS.—As soon as practicable after the pro-
ceeds 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 es-
tablished or acquired as part of an undercover investigative operation 
under paragraph (2) with a net value of over $50,000 is to be liq-
uidated, sold, or otherwise disposed of, the Secret Service, as much in 
advance as the Director or designee determines is practicable, shall re-
port 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 de-
tailed 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 Sec-
retary 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. 
VerDate Sep 11 2014 
18:05 Jun 12, 2018
Jkt 079200
PO 00000
Frm 00020
Fmt 6652
Sfmt 6221
E:\BILLS\H6063.IH
H6063
pamtmann on DSKBFK8HB2PROD with BILLS
§ 10312. Coast Guard 
(a) IN GENERAL.—The Coast Guard is a distinct entity in the Depart-
ment. The Commandant reports directly to the Secretary without being re-
quired 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 Sec-
retary 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 per-
form its missions shall be maintained intact and without significant re-
duction, except as specified in Acts subsequent to the Homeland Secu-
rity 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 heli-
copter) of the Coast Guard may be diverted to the principal and con-
tinuing 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 signifi-
cantly reduce the missions of the Coast Guard or the Coast Guard’s 
capability to perform those missions, except as specified in Acts subse-
quent to the Homeland Security Act of 2002 (Public Law 107–296, 
116 Stat. 2135). 
(2) WAIVER.—The Secretary may waive the restrictions under para-
graph (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 para-
graph shall include a detailed justification for the declaration and cer-
tification, including the reasons and specific information that dem-
onstrate that the Nation and the Coast Guard cannot respond effec-
tively 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. 
§ 10313. Office for State and Local Government Coordina-
tion 
There is in the Office of the Secretary the Office for State and Local 
Government Coordination. 
VerDate Sep 11 2014 
18:05 Jun 12, 2018
Jkt 079200
PO 00000
Frm 00021
Fmt 6652
Sfmt 6221
E:\BILLS\H6063.IH
H6063
pamtmann on DSKBFK8HB2PROD with BILLS
§ 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 Commu-
nications. 
§ 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 Di-
rector is appointed by the President. 
§ 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 ap-
pointed 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 man-
agement 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 sub-
division 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, be-
tween 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, com-
mittees, or other entities whose purpose is to coordinate the counter-
VerDate Sep 11 2014 
18:05 Jun 12, 2018
Jkt 079200
PO 00000
Frm 00022
Fmt 6652
Sfmt 6221
E:\BILLS\H6063.IH
H6063
pamtmann on DSKBFK8HB2PROD with BILLS
narcotics enforcement activities of the Department and other Federal, 
State or local agencies. 
(e) SAVINGS CLAUSE.—Nothing in this section shall be construed to au-
thorize direct control of the operations conducted by the Directorate of Bor-
der 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 Coun-
ternarcotics Enforcement shall, not later than 30 days after the sub-
mission 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 Rep-
resentatives and the Senate a review and evaluation of the counter-
narcotics 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 co-
operation 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 activ-
ity within the Department and between the Department and other 
Federal, State, and local agencies; 
VerDate Sep 11 2014 
18:05 Jun 12, 2018
Jkt 079200
PO 00000
Frm 00023
Fmt 6652
Sfmt 6221
E:\BILLS\H6063.IH
H6063
pamtmann on DSKBFK8HB2PROD with BILLS
(B) describe the results of those activities, using quantifiable 
data whenever possible; 
(C) state whether those activities were sufficient to meet the re-
sponsibility 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 deter-
mination; and 
(D) recommend, where appropriate, changes to those activities 
to improve the performance of the Department in meeting its re-
sponsibility 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 re-
quired in this subsection that involves information classified under cri-
teria established by an Executive order, or whose public disclosure, as 
determined by the Secretary, would be detrimental to the law enforce-
ment or national security activities of the Department or any other 
Federal, State, or local agency, shall be presented to Congress sepa-
rately from the rest of the review and evaluation. 
§ 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 Direc-
tor 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 prac-
tices 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 pro-
grams, and training activities. 
VerDate Sep 11 2014 
18:05 Jun 12, 2018
Jkt 079200
PO 00000
Frm 00024
Fmt 6652
Sfmt 6221
E:\BILLS\H6063.IH
H6063
pamtmann on DSKBFK8HB2PROD with BILLS
(4) To manage international activities in the Department in coordi-
nation with other Federal officials responsible for counterterrorism 
matters. 
§ 10318. Office for National Capital Region Coordination 
There is in the Office of the Secretary the Office of National Capital Re-
gion Coordination. The Director is the head of the Office. The Director is 
appointed by the Secretary. 
§ 10319. Office of Cargo Security Policy 
There is in the Department the Office of Cargo Security Policy. The Di-
rector is the head of the Office. The Director is appointed by the Secretary. 
The Director reports to the Assistant Secretary for Policy. 
§ 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 Trans-
portation’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 des-
ignee. 
(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 Administra-
tion 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 en-
forcement activities affecting transportation; 
(3) facilitate the sharing of intelligence, security, and law enforce-
ment information affecting transportation among Federal agencies and 
with carriers and other transportation providers as appropriate; 
VerDate Sep 11 2014 
18:05 Jun 12, 2018
Jkt 079200
PO 00000
Frm 00025
Fmt 6652
Sfmt 6221
E:\BILLS\H6063.IH
H6063
pamtmann on DSKBFK8HB2PROD with BILLS
(4) explore the technical feasibility of developing a common database 
of individuals who may pose a threat to transportation or national se-
curity; 
(5) review plans for transportation security; 
(6) make recommendations to the Under Secretary regarding mat-
ters 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. 
§ 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 poli-
cies, 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 Sec-
retary to— 
(A) advise the Secretary on private-sector products, applica-
tions, and solutions as they relate to homeland security challenges; 
(B) advise the Secretary on homeland security policies, regula-
tions, processes, and actions that affect the participating indus-
tries and associations; and 
(C) advise the Secretary on private-sector preparedness issues, 
including effective methods for— 
(i) promoting voluntary preparedness standards to the pri-
vate sector; and 
(ii) assisting the private sector in adopting voluntary pre-
paredness 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 
VerDate Sep 11 2014 
18:05 Jun 12, 2018
Jkt 079200
PO 00000
Frm 00026
Fmt 6652
Sfmt 6221
E:\BILLS\H6063.IH
H6063
pamtmann on DSKBFK8HB2PROD with BILLS
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 prepared-
ness standards; 
(9) coordinating industry efforts, with respect to functions of the De-
partment, to identify private-sector resources and capabilities that 
could be effective in supplementing Federal, State, and local govern-
ment agency efforts to prevent or respond to a terrorist attack; 
(10) coordinating with the Commissioner of U.S. Customs and Bor-
der Protection and the Assistant Secretary for Trade Development of 
the Department of Commerce on issues related to the travel and tour-
ism industries; and 
(11) consulting with the Office for State and Local Government Co-
ordination on all matters of concern to the private sector, including the 
tourism industry. 
§ 10322. Border Enforcement Security Task Force 
There is in the Department the Border Enforcement Security Task 
Force. 
§ 10323. Office for Domestic Preparedness 
(a) ESTABLISHMENT.—There is in the Department an Office for Domes-
tic 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 work-
ing with all State, local, tribal, parish, and private-sector emergency re-
sponse providers on all matters pertaining to combating terrorism, in-
cluding training, exercises, and equipment support; 
(2) coordinating or, as appropriate, consolidating communications 
and systems of communications relating to homeland security at all lev-
els of government; 
(3) directing and supervising terrorism preparedness grant programs 
of the Federal Government (other than those programs administered by 
VerDate Sep 11 2014 
18:05 Jun 12, 2018
Jkt 079200
PO 00000
Frm 00027
Fmt 6652
Sfmt 6221
E:\BILLS\H6063.IH
H6063
pamtmann on DSKBFK8HB2PROD with BILLS
the Department of Health and Human Services) for all emergency re-
sponse 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 inter-
national entities; 
(6) as the lead executive branch agency for preparedness of the 
United States for acts of terrorism, cooperating closely with the Fed-
eral Emergency Management Agency, which shall have the primary re-
sponsibility 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 Prepared-
ness of the Federal Emergency Management Agency that relate to ter-
rorism, 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. 
§ 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 so-
cial media technologies between the Department and appropriate stake-
holders and to improve use of social media technologies in support of pre-
paredness, 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 representa-
tives from the following entities: 
(A) The Office of Public Affairs of the Department. 
VerDate Sep 11 2014 
18:05 Jun 12, 2018
Jkt 079200
PO 00000
Frm 00028
Fmt 6652
Sfmt 6221
E:\BILLS\H6063.IH
H6063
pamtmann on DSKBFK8HB2PROD with BILLS
(B) The Office of the Chief Information Officer of the Depart-
ment. 
(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 ro-
tating 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, includ-
ing 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 mem-
ber 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— 
VerDate Sep 11 2014 
18:05 Jun 12, 2018
Jkt 079200
PO 00000
Frm 00029
Fmt 6652
Sfmt 6221
E:\BILLS\H6063.IH
H6063
pamtmann on DSKBFK8HB2PROD with BILLS
(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 in-
cludes the following: 
(1) A review and analysis of current and emerging social media tech-
nologies being used to support preparedness and response activities re-
lated 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 dis-
aster. 
(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 Home-
land Security and Governmental Affairs of the Senate and the Com-
mittee on Homeland Security of the House of Representatives a certifi-
cation 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. 
VerDate Sep 11 2014 
18:05 Jun 12, 2018
Jkt 079200
PO 00000
Frm 00030
Fmt 6652
Sfmt 6221
E:\BILLS\H6063.IH
H6063
pamtmann on DSKBFK8HB2PROD with BILLS
§ 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 posi-
tion 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 posi-
tion) in the Office of Strategy, Policy, and Plans may not be estab-
lished unless the Secretary receives prior authorization from Congress. 
Subchapter II—Functions 
§ 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 func-
tions among the officers of the Department, and may establish, consoli-
date, 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. 
VerDate Sep 11 2014 
18:05 Jun 12, 2018
Jkt 079200
PO 00000
Frm 00031
Fmt 6652
Sfmt 6221
E:\BILLS\H6063.IH
H6063
pamtmann on DSKBFK8HB2PROD with BILLS
(c) PERFORMANCE OF FUNCTIONS.—Subject to the provisions of this 
subtitle, every officer of the Department shall perform the functions speci-
fied 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 subor-
dinate. 
(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 coopera-
tive 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 ter-
rorism and other major disasters and emergencies among the divisions 
of the Department, including the Office for State and Local Govern-
ment 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 
VerDate Sep 11 2014 
18:05 Jun 12, 2018
Jkt 079200
PO 00000
Frm 00032
Fmt 6652
Sfmt 6221
E:\BILLS\H6063.IH
H6063
pamtmann on DSKBFK8HB2PROD with BILLS
Homeland Security Act of 2002 (Public Law 107–296, 116 
Stat. 2135); or 
(ii) on November 25, 2002, was exercised by another offi-
cial 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 Secu-
rity 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 an-
other 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 pro-
vided 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 train-
ing 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, agen-
cies, and authorities, and with the private sector, to ensure adequate 
planning, equipment, training, and exercise activities; 
(2) coordinating and, as appropriate, consolidating, the Federal Gov-
ernment’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. 
VerDate Sep 11 2014 
18:05 Jun 12, 2018
Jkt 079200
PO 00000
Frm 00033
Fmt 6652
Sfmt 6221
E:\BILLS\H6063.IH
H6063
pamtmann on DSKBFK8HB2PROD with BILLS
(j) ISSUANCE OF REGULATIONS.—The issuance of regulations by the Sec-
retary 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 Tech-
nology Transfer and Advancement Act of 1995 (15 U.S.C. 272 note) and 
Office of Management and Budget Circular A-119. 
§ 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 man-
date to ensure that the trade and customs revenue functions of the 
Department are not diminished, including how spending, oper-
ations, 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 Di-
rector of Trade Policy (in this subsection referred to as the ‘‘Direc-
tor’’), 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 cus-
toms revenue functions of the Department; 
(B) coordinate the development of Department-wide policies re-
garding trade and customs revenue functions and trade facilita-
tion; 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.— 
VerDate Sep 11 2014 
18:05 Jun 12, 2018
Jkt 079200
PO 00000
Frm 00034
Fmt 6652
Sfmt 6221
E:\BILLS\H6063.IH
H6063
pamtmann on DSKBFK8HB2PROD with BILLS
(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, ini-
tiatives, or actions that will have a major impact on trade and cus-
toms revenue functions. The notifications shall include a descrip-
tion of the proposed policies, initiatives, or actions and any com-
ments or recommendations provided by the Commercial Operations 
Advisory Committee and other relevant groups regarding the pro-
posed policies, initiatives, or actions. 
(B) EXCEPTION.—If the Secretary determines that it is impor-
tant to the national security interest of the United States to final-
ize 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 Com-
mercial Operations Advisory Committee received to the appro-
priate congressional committees not later than 45 days after 
the date on which the policies, initiatives, or actions are final-
ized; and 
(ii) to the extent appropriate, modify the policies, initia-
tives, or actions based upon the consultations with the appro-
priate congressional committees. 
(d) NOTIFICATION OF REORGANIZATION OF CUSTOMS REVENUE FUNC-
TIONS.— 
(1) IN GENERAL.—Not less than 45 days prior to a change in the 
organization of any of the customs revenue functions of the Depart-
ment, 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 Appropria-
tions, 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; 
VerDate Sep 11 2014 
18:05 Jun 12, 2018
Jkt 079200
PO 00000
Frm 00035
Fmt 6652
Sfmt 6221
E:\BILLS\H6063.IH
H6063
pamtmann on DSKBFK8HB2PROD with BILLS
(B) an explanation of how the reorganization meets the require-
ments of section 10912(b) of this title that the Department not 
diminish the customs revenue and trade facilitation functions for-
merly performed by the United States Customs Service; and 
(C) any comments or recommendations provided by the Com-
mercial Operations Advisory Committee regarding the reorganiza-
tion. 
(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 reorga-
nization and providing any recommendations for modifying the reorga-
nization. 
(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. 
§ 10333. Military activities 
Nothing in this subtitle shall confer upon the Secretary authority to en-
gage in warfighting, the military defense of the United States, or other mili-
tary 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. 
§ 10334. Sensitive Security Information 
(a) IN GENERAL.—The Secretary shall provide that each office in the De-
partment 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 in-
cludes common but extensive examples of SSI that further define the 
individual categories of information cited under 49 CFR 1520(b)(1) 
VerDate Sep 11 2014 
18:05 Jun 12, 2018
Jkt 079200
PO 00000
Frm 00036
Fmt 6652
Sfmt 6221
E:\BILLS\H6063.IH
H6063
pamtmann on DSKBFK8HB2PROD with BILLS
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 pri-
mary basis and authority for the marking of Departmental information 
as SSI by covered individuals. 
Subchapter III—Acquisitions 
§ 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 organiza-
tions thereof), without regard to the pay limitations of section 3109. 
§ 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 af-
filiated 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 in-
corporated 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 sub-
section (c) for purposes of subsection (b), the following rules apply: 
VerDate Sep 11 2014 
18:05 Jun 12, 2018
Jkt 079200
PO 00000
Frm 00037
Fmt 6652
Sfmt 6221
E:\BILLS\H6063.IH
H6063
pamtmann on DSKBFK8HB2PROD with BILLS
(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 re-
lated to the acquisition described in subsection (c)(1). 
(B) PLAN DEEMED IN CERTAIN CASES.—If a foreign incor-
porated 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 own-
ership requirements of subsection (c)(2) are met, these actions 
shall be treated as pursuant to a plan. 
(C) CERTAIN TRANSFERS DISREGARDED.—The transfer of prop-
erties or liabilities (including by contribution or distribution) shall 
be disregarded if the transfers are part of a plan a principal pur-
pose of which is to avoid the purposes of this section. 
(D) SPECIAL RULE FOR RELATED PARTNERSHIPS.—For pur-
poses of applying subsection (c) to the acquisition of a domestic 
partnership, except as provided in regulations, all domestic part-
nerships 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, con-
vertible 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 corpora-
tion 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 cor-
poration 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 partner-
ship; 
VerDate Sep 11 2014 
18:05 Jun 12, 2018
Jkt 079200
PO 00000
Frm 00038
Fmt 6652
Sfmt 6221
E:\BILLS\H6063.IH
H6063
pamtmann on DSKBFK8HB2PROD with BILLS
(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 cor-
poration, 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 part-
nership; 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 or-
ganized 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. 
§ 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 De-
partment may have a direct financial interest in the development or con-
struction 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 Home-
land 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 orga-
nizational 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. 
VerDate Sep 11 2014 
18:05 Jun 12, 2018
Jkt 079200
PO 00000
Frm 00039
Fmt 6652
Sfmt 6221
E:\BILLS\H6063.IH
H6063
pamtmann on DSKBFK8HB2PROD with BILLS
(c) CONSTRUCTION.—Nothing in this section shall be construed to pre-
clude an entity described in subsection (a) from performing work necessary 
to integrate two or more individual systems or elements of a system of sys-
tems 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 regula-
tions 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 produc-
tion, fielding, and sustainment of complex systems. 
Subchapter IV—Human Resources 
Management 
§ 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. 
§ 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 subdivi-
sion) materially change; and 
VerDate Sep 11 2014 
18:05 Jun 12, 2018
Jkt 079200
PO 00000
Frm 00040
Fmt 6652
Sfmt 6221
E:\BILLS\H6063.IH
H6063
pamtmann on DSKBFK8HB2PROD with BILLS
(B) a majority of the employees in the agency (or subdivision) 
have as their primary duty intelligence, counterintelligence, or in-
vestigative work directly related to terrorism investigation. 
(2) EXCLUSIONS ALLOWABLE.—Nothing in paragraph (1) shall af-
fect 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 rec-
ognized 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 in-
vestigative work directly related to terrorism investigation. 
(2) LIMITATION RELATING TO POSITIONS OR EMPLOYEES.—A posi-
tion or employee within a unit (or subdivision of a unit) as to which 
continued recognition is given under paragraph (1) shall not be ex-
cluded 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 sub-
sections (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 sub-
mitted to Congress a written explanation of the reasons for the determina-
tion. 
(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 man-
VerDate Sep 11 2014 
18:05 Jun 12, 2018
Jkt 079200
PO 00000
Frm 00041
Fmt 6652
Sfmt 6221
E:\BILLS\H6063.IH
H6063
pamtmann on DSKBFK8HB2PROD with BILLS
ner so as to limit, supersede, or otherwise affect the provisions of this sec-
tion, 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 agen-
cy, 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 pro-
visions of this section (as applicable), or to an employee of the agency or 
subdivision or to an individual or entity representing the employees or rep-
resentatives thereof. 
§ 10353. Use of counternarcotics enforcement activities in 
certain employee performance appraisals 
(a) DEFINITIONS.—In this section: 
(1) NATIONAL DRUG CONTROL PROGRAM AGENCY.—The term ‘‘Na-
tional Drug Control Program agency’’ means— 
(A) a National Drug Control Program agency, as defined in sec-
tion 702 of the Office of National Drug Control Policy Reauthor-
ization Act of 1998 (21 U.S.C. 1701); and 
(B) a subdivision of the Department that has a significant coun-
ternarcotics 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 per-
formance appraisal system, for each employee directly or indirectly involved 
in the enforcement of Federal, State, or local narcotics laws, the perform-
ance 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 ar-
rests 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. 
VerDate Sep 11 2014 
18:05 Jun 12, 2018
Jkt 079200
PO 00000
Frm 00042
Fmt 6652
Sfmt 6221
E:\BILLS\H6063.IH
H6063
pamtmann on DSKBFK8HB2PROD with BILLS
§ 10354. Compliance with laws protecting equal employment 
opportunity and providing whistleblower protec-
tions 
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 De-
partment (including under section 2302(b)(1) of title 5 and the Notifi-
cation 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 Depart-
ment (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)). 
§ 10355.
Use of protective equipment or measures by em-
ployees 
No funds may be used to propose or effect a disciplinary or adverse ac-
tion, 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. 
§ 10356. Homeland Security Rotation Program 
(a) ESTABLISHMENT.—The Secretary shall establish the Homeland Secu-
rity Rotation Program (in this section referred to as the ‘‘Rotation Pro-
gram’’) for employees of the Department. The Rotation Program shall use 
applicable best practices, including those from the Chief Human Capital Of-
ficers 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 com-
ponents 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 employ-
ees in the Department; 
VerDate Sep 11 2014 
18:05 Jun 12, 2018
Jkt 079200
PO 00000
Frm 00043
Fmt 6652
Sfmt 6221
E:\BILLS\H6063.IH
H6063
pamtmann on DSKBFK8HB2PROD with BILLS
(5) invigorate the workforce with exciting and professionally reward-
ing opportunities; 
(6) incorporate Department human capital strategic plans and activi-
ties, 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 pro-
grams in the Department in effect on October 4, 2006. 
(c) ADMINISTRATION.— 
(1) IN GENERAL.—The Chief Human Capital Officer shall admin-
ister 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 Rota-
tion Program and promotes cross-disciplinary rotational opportuni-
ties; 
(C) establish eligibility for employees to participate in the Rota-
tion Program and select participants from employees who apply; 
(D) establish incentives for employees to participate in the Ro-
tation Program, including promotions and employment pref-
erences; 
(E) ensure that the Rotation Program provides professional 
education and training; 
(F) ensure that the Rotation Program develops qualified em-
ployees and future leaders with broad-based experience throughout 
the Department; 
(G) provide for greater interaction among employees in compo-
nents 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, privi-
leges, rights, seniority, and other benefits of employees participating in the 
Rotation Program shall be preserved. 
§ 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 
VerDate Sep 11 2014 
18:05 Jun 12, 2018
Jkt 079200
PO 00000
Frm 00044
Fmt 6652
Sfmt 6221
E:\BILLS\H6063.IH
H6063
pamtmann on DSKBFK8HB2PROD with BILLS
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, to-
gether with associated learning materials, quality assessment tools, digital 
libraries, exercise systems, and other educational facilities, including the Na-
tional Domestic Preparedness Consortium, the National Fire Academy, and 
the Emergency Management Institute. The Administrator may develop addi-
tional educational programs, as appropriate. 
(c) STUDENT ENROLLMENT.— 
(1) SOURCES.—The student body of the Homeland Security Edu-
cation Program shall include officials from Federal, State, local, and 
tribal governments, and from other sources designated by the Adminis-
trator. 
(2) ENROLLMENT PRIORITIES AND SELECTION CRITERIA.—The Ad-
ministrator shall establish policies governing student enrollment prior-
ities 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 di-
versity. 
(d) SERVICE COMMITMENT.— 
(1) IN GENERAL.—Before an employee selected for the Homeland 
Security Education Program may be assigned to participate in the pro-
gram, the employee shall agree in writing— 
(A) to continue in the service of the agency sponsoring the em-
ployee during the 2-year period beginning on the date on which 
the employee completes the program, unless the employee is invol-
untarily 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 ex-
penses incurred by the Government in connection with the employ-
ee’s education if the employee is voluntarily separated from the 
service of the agency before the end of the period described in sub-
paragraph (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 
VerDate Sep 11 2014 
18:05 Jun 12, 2018
Jkt 079200
PO 00000
Frm 00045
Fmt 6652
Sfmt 6221
E:\BILLS\H6063.IH
H6063
pamtmann on DSKBFK8HB2PROD with BILLS
payment under paragraph (1)(B), unless the head of the agency 
that sponsored the education of the employee notifies that em-
ployee before the date on which the employee enters the service 
of the other agency that payment is required under that para-
graph. 
(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 pay-
ment, except that the amount may not exceed the pro rata share 
of the expenses incurred for the time remaining in the 2-year pe-
riod. 
(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 retire-
ment credit, or other amount due the employee from the Govern-
ment; or 
(B) another method provided by law for the recovery of amounts 
owing to the Government. 
Subchapter V—Cybersecurity 
§ 10371. Workforce assessment and strategy 
(a) DEFINITIONS.—In this section: 
(1) CYBERSECURITY
CATEGORY.—The term ‘‘Cybersecurity Cat-
egory’’ means a position’s or incumbent’s primary work function involv-
ing 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 Ini-
tiative 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 in-
clude, 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 lo-
cated in the Department; 
(3) information on which cybersecurity workforce positions are— 
(A) performed by— 
VerDate Sep 11 2014 
18:05 Jun 12, 2018
Jkt 079200
PO 00000
Frm 00046
Fmt 6652
Sfmt 6221
E:\BILLS\H6063.IH
H6063
pamtmann on DSKBFK8HB2PROD with BILLS
(i) permanent full-time equivalent employees of the Depart-
ment, including, to the greatest extent practicable, demo-
graphic information about the employees; 
(ii) independent contractors; and 
(iii) individuals employed by other Federal agencies, includ-
ing 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 pro-
vision 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 cy-
bersecurity 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 under-
served 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 cy-
bersecurity workforce in the Department; and 
(E) any gap in the existing cybersecurity workforce of the De-
partment and a plan to fill the gap. 
(d) UPDATES.—The Secretary shall submit to the appropriate congres-
sional 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). 
VerDate Sep 11 2014 
18:05 Jun 12, 2018
Jkt 079200
PO 00000
Frm 00047
Fmt 6652
Sfmt 6221
E:\BILLS\H6063.IH
H6063
pamtmann on DSKBFK8HB2PROD with BILLS
§ 10372. Homeland Workforce Measurement Initiative 
(a) DEFINITIONS.—In this section: 
(1) APPROPRIATE CONGRESSIONAL COMMITTEES.—The term ‘‘appro-
priate 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 Rep-
resentatives; and 
(C) the Committee on House Administration of the House of 
Representatives. 
(2) CYBERSECURITY WORK CATEGORY; DATA ELEMENT CODE; SPE-
CIALTY AREA.—The terms ‘‘Cybersecurity Work Category’’, ‘‘Data Ele-
ment Code’’, and ‘‘Specialty Area’’ have the same meanings given the 
terms in the Office of Personnel Management’s Guide to Data Stand-
ards. 
(3) DIRECTOR.—-The term ‘‘Director’’ means the Director of the Of-
fice of Personnel Management. 
(b) NATIONAL CYBERSECURITY WORKFORCE MEASUREMENT INITIA-
TIVE.— 
(1) IN GENERAL.—The Secretary shall— 
(A) identify all cybersecurity workforce positions in the Depart-
ment; 
(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 Edu-
cation’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 func-
tions (as defined in the Office of Personnel Management 
Guide to Data Standards); and 
(ii) assign the appropriate employment code to each posi-
tion, using agreed standards and definitions. 
(B) CODE ASSIGNMENTS.—The Secretary shall assign the ap-
propriate employment code to— 
(i) each employee in the Department who carries out cyber-
security functions; and 
VerDate Sep 11 2014 
18:05 Jun 12, 2018
Jkt 079200
PO 00000
Frm 00048
Fmt 6652
Sfmt 6221
E:\BILLS\H6063.IH
H6063
pamtmann on DSKBFK8HB2PROD with BILLS
(ii) each open position in the Department that has been 
identified as having cybersecurity functions. 
(3) PROGRESS REPORT.—The Director shall submit a progress re-
port on the implementation of this subsection to the appropriate con-
gressional committees. 
(c) IDENTIFICATION OF CYBERSECURITY SPECIALTY AREAS OF CRITICAL 
NEED.— 
(1) IN GENERAL.—Annually through 2021, the Secretary, in con-
sultation 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 Spe-
cialty Areas identified under subparagraph (A); and 
(ii) substantiates the critical need designations. 
(2) GUIDANCE.—The Director shall provide the Secretary with time-
ly guidance for identifying Cybersecurity Work Categories and Spe-
cialty 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 sub-
section 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. 
§ 10373. Recruitment and retention 
(a) DEFINITIONS.—In this section 
(1) APPROPRIATE COMMITTEES OF CONGRESS.—The term ‘‘appro-
priate committees of Congress’’ means the Committee on Homeland Se-
curity and Governmental Affairs and the Committee on Appropriations 
VerDate Sep 11 2014 
18:05 Jun 12, 2018
Jkt 079200
PO 00000
Frm 00049
Fmt 6652
Sfmt 6221
E:\BILLS\H6063.IH
H6063
pamtmann on DSKBFK8HB2PROD with BILLS
of the Senate and the Committee on Homeland Security and the Com-
mittee on Appropriations of the House of Representatives. 
(2) COLLECTIVE
BARGAINING
AGREEMENT.—The term ‘‘collective 
bargaining agreement’’ has the same meaning given that term in sec-
tion 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 cyberse-
curity. 
(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 deter-
mines necessary to carry out the responsibilities of the De-
partment relating to cybersecurity, including positions for-
merly 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 tak-
ing 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 pro-
visions of any other law relating to the appointment, number, clas-
sification, or compensation of employees. 
(2) BASIC PAY.— 
VerDate Sep 11 2014 
18:05 Jun 12, 2018
Jkt 079200
PO 00000
Frm 00050
Fmt 6652
Sfmt 6221
E:\BILLS\H6063.IH
H6063
pamtmann on DSKBFK8HB2PROD with BILLS
(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, con-
sistent 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 AUTHOR-
IZATION.—The Secretary may provide employees in qualified posi-
tions 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 condi-
tions, 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 collec-
tive bargaining agreement with respect to an office, component, sub-
component, or equivalent of the Department that is a successor to an 
office, component, subcomponent, or equivalent of the Department cov-
ered 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. 
VerDate Sep 11 2014 
18:05 Jun 12, 2018
Jkt 079200
PO 00000
Frm 00051
Fmt 6652
Sfmt 6221
E:\BILLS\H6063.IH
H6063
pamtmann on DSKBFK8HB2PROD with BILLS
(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 applica-
tions, 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 De-
partment 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 Depart-
ment; 
(4) provides metrics on actions occurring during the reporting pe-
riod, including— 
(A) the number of employees in qualified positions hired by oc-
cupation and grade and level or pay band; 
(B) the placement of employees in qualified positions by direc-
torate and office in the Department; 
(C) the total number of veterans hired; 
(D) the number of separations of employees in qualified posi-
tions by occupation and grade and level or pay band; 
(E) the number of retirements of employees in qualified posi-
tions by occupation and grade and level or pay band; and 
(F) the number and amounts of recruitment, relocation, and re-
tention incentives paid to employees in qualified positions by occu-
pation 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 indi-
vidual who refuses a conversion under paragraph (1) stops serving in 
VerDate Sep 11 2014 
18:05 Jun 12, 2018
Jkt 079200
PO 00000
Frm 00052
Fmt 6652
Sfmt 6221
E:\BILLS\H6063.IH
H6063
pamtmann on DSKBFK8HB2PROD with BILLS
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 Govern-
mental 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 
§ 10381. Advisory committees 
(a) IN GENERAL.—The Secretary may establish, appoint members of, and 
use the services of, advisory committees, that the Secretary considers nec-
essary. An advisory committee established under this section may be ex-
empted 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 estab-
lishment of the committee and identifying its purpose and membership. Not-
withstanding 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 Sec-
retary 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. 
§ 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 for-
eign countries; 
VerDate Sep 11 2014 
18:05 Jun 12, 2018
Jkt 079200
PO 00000
Frm 00053
Fmt 6652
Sfmt 6221
E:\BILLS\H6063.IH
H6063
pamtmann on DSKBFK8HB2PROD with BILLS
(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 pro-
ceeds of an exercise of property disposal authority into the miscella-
neous 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 serv-
ices 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 appro-
priations 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. 
§ 10383. Reports and consultation addressing use of appro-
priated 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 sub-
mitted 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. 
VerDate Sep 11 2014 
18:05 Jun 12, 2018
Jkt 079200
PO 00000
Frm 00054
Fmt 6652
Sfmt 6221
E:\BILLS\H6063.IH
H6063
pamtmann on DSKBFK8HB2PROD with BILLS
§ 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 en-
tered 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 as-
sociated 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 (includ-
ing 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 con-
taining the fibers, yarns, fabrics, or materials. 
(d) APPLICABILITY TO CONTRACTS AND SUBCONTRACTS FOR PROCURE-
MENT OF COMMERCIAL ITEMS.— 
(1) DEFINITION OF COMMERCIAL.—In this section, the word ‘‘com-
mercial’’ has the meaning given the term in the Federal Acquisition 
Regulation—Part 2. 
(2) IN GENERAL.—This section is applicable to contracts and sub-
contracts for the procurement of commercial items notwithstanding sec-
tion 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-avail-
able in accordance with Federal Acquisition Regulation 25.104 
Nonavailable Articles. 
(B) UNSATISFACTORY
QUALITY
AND
INSUFFICIENT
QUAN-
TITY.—Subsection (b) does not apply to the extent that the Sec-
VerDate Sep 11 2014 
18:05 Jun 12, 2018
Jkt 079200
PO 00000
Frm 00055
Fmt 6652
Sfmt 6221
E:\BILLS\H6063.IH
H6063
pamtmann on DSKBFK8HB2PROD with BILLS
retary determines that satisfactory quality and sufficient quantity 
of an article or item described in subsection (c) grown, reproc-
essed, reused, or produced in the United States cannot be pro-
cured 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.—Sub-
section (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 re-
ferred 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 pro-
curement 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 main-
tained 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. 
§ 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 safe-
guards against slaughter and inhumane treatment. 
VerDate Sep 11 2014 
18:05 Jun 12, 2018
Jkt 079200
PO 00000
Frm 00056
Fmt 6652
Sfmt 6221
E:\BILLS\H6063.IH
H6063
pamtmann on DSKBFK8HB2PROD with BILLS
§ 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). 
§ 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 per-
sonnel 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 loca-
tions, 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; 
VerDate Sep 11 2014 
18:05 Jun 12, 2018
Jkt 079200
PO 00000
Frm 00057
Fmt 6652
Sfmt 6221
E:\BILLS\H6063.IH
H6063
pamtmann on DSKBFK8HB2PROD with BILLS
(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 (com-
monly 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 corpora-
tion 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 Alas-
ka 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 eli-
gible 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 organi-
zational program plans and priorities; 
VerDate Sep 11 2014 
18:05 Jun 12, 2018
Jkt 079200
PO 00000
Frm 00058
Fmt 6652
Sfmt 6221
E:\BILLS\H6063.IH
H6063
pamtmann on DSKBFK8HB2PROD with BILLS
(2) provide direction and management for FLETC’s training facili-
ties, programs, and support activities while ensuring that organiza-
tional program goals and priorities are executed in an effective and ef-
ficient manner; 
(3) develop homeland security and law enforcement training cur-
ricula, including curricula relating to domestic preparedness and re-
sponse 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 re-
garding training curricula, including curricula relating to domestic pre-
paredness 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 inter-
national law enforcement and security agencies and the private sector 
to achieve the training goals for those entities, in accordance with para-
graph (1); 
(6) carry out delegated acquisition responsibilities in a manner 
that— 
(A) fully complies with— 
(i) Federal law; 
(ii) the Federal Acquisition Regulation, including require-
ments regarding agency obligations to contract only with re-
sponsible 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 com-
ponents and offices on digital learning and training resources, as ap-
propriate; 
(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 ac-
tivities relating to domestic preparedness and response to threats or 
acts of terrorism; 
(9) collaborate with the Secretary and relevant officials at other Fed-
eral 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. 
VerDate Sep 11 2014 
18:05 Jun 12, 2018
Jkt 079200
PO 00000
Frm 00059
Fmt 6652
Sfmt 6221
E:\BILLS\H6063.IH
H6063
pamtmann on DSKBFK8HB2PROD with BILLS
(d) TRAINING RESPONSIBILITIES.— 
(1) IN GENERAL.—The Director may provide training to employees 
of Federal agencies who are engaged, directly or indirectly, in home-
land security operations or Federal law enforcement activities, includ-
ing operations or activities relating to domestic preparedness and re-
sponse 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 do-
mestic 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 Di-
rector 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 pri-
vate sector stakeholders, including critical infrastructure own-
ers 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 Rep-
resentatives and the Committee on Homeland Security and Gov-
ernmental Affairs of the Senate, on request, information on activi-
ties 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 fur-
VerDate Sep 11 2014 
18:05 Jun 12, 2018
Jkt 079200
PO 00000
Frm 00060
Fmt 6652
Sfmt 6221
E:\BILLS\H6063.IH
H6063
pamtmann on DSKBFK8HB2PROD with BILLS
therance of improving the effectiveness and quality of training provided 
by the Department and, as appropriate, the development of critical de-
partmental 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 peri-
ods to support all training programs at FLETC, as appropriate. The 
Director shall determine the number of detailed instructors that is pro-
portional to the number of training hours requested by each partner 
organization scheduled by FLETC for each fiscal year. If a partner or-
ganization is unable to provide a proportional number of detailed in-
structors, the partner organization shall reimburse FLETC for the sal-
ary 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 miscella-
neous per diem allowances of their personnel attending train-
ing 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 budg-
et 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 avail-
able 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 per-
sonnel. 
(ii) Foreign law enforcement officials, including provision of 
the training at the International Law Enforcement Academies 
wherever established. 
VerDate Sep 11 2014 
18:05 Jun 12, 2018
Jkt 079200
PO 00000
Frm 00061
Fmt 6652
Sfmt 6221
E:\BILLS\H6063.IH
H6063
pamtmann on DSKBFK8HB2PROD with BILLS
(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 re-
imbursement 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 mis-
sion, 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 ex-
perience 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 em-
ployment under the provisions of section 8344 or 8468 of title 5 
or a similar provision of any other retirement system for employ-
ees. 
(C) RE-EMPLOYED
ANNUITANTS.—A Federal annuitant em-
ployed pursuant to this paragraph shall not be considered an em-
ployee for purposes of subchapter III of chapter 83 or chapter 84 
of title 5 or such other retirement system (referred to in subpara-
graph (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 com-
muting distance (to be predetermined by the Director) for travel ex-
penses. 
(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. 
VerDate Sep 11 2014 
18:05 Jun 12, 2018
Jkt 079200
PO 00000
Frm 00062
Fmt 6652
Sfmt 6221
E:\BILLS\H6063.IH
H6063
pamtmann on DSKBFK8HB2PROD with BILLS
(f) ADDITIONAL FISCAL AUTHORITIES.—To further the goals and objec-
tives 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 ac-
cept 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 con-
struction 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 sec-
tion 10382(a) and (b) of this title— 
(A) purchase employee and student uniforms; and 
(B) purchase and lease passenger motor vehicles, including vehi-
cles 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. 
§ 10388. Fees 
(a) FEES FOR CREDENTIALING AND BACKGROUND INVESTIGATIONS IN 
TRANSPORTATION.—The Secretary shall charge reasonable fees for pro-
viding credentialing and background investigations in the field of transpor-
tation. The establishment and collection of fees shall be subject to the fol-
lowing 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— 
VerDate Sep 11 2014 
18:05 Jun 12, 2018
Jkt 079200
PO 00000
Frm 00063
Fmt 6652
Sfmt 6221
E:\BILLS\H6063.IH
H6063
pamtmann on DSKBFK8HB2PROD with BILLS
(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, per-
forming 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 ex-
pended. 
(b) RECURRENT TRAINING OF ALIENS IN OPERATION OF AIRCRAFT.— 
(1) PROCESS
FOR
REVIEWING
THREAT
ASSESSMENTS.—Notwith-
standing 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 re-
current 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 na-
tional 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 determina-
tion 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 sub-
section (a) for providing credentialing and background investigations 
for aliens in connection with the process for recurrent training estab-
lished under paragraph (1). The fees shall be promulgated by notice 
in the Federal Register. 
(c) COLLECTION OF FEES FROM NON-FEDERAL PARTICIPANTS IN MEET-
INGS.— 
(1) IN GENERAL.—The Secretary may collect fees from a non-Fed-
eral participant in a conference, seminar, exhibition, symposium, or 
similar meeting conducted by the Department in advance of the con-
ference, either directly or by contract, and those fees shall be credited 
to the appropriation or account from which the costs of the conference, 
VerDate Sep 11 2014 
18:05 Jun 12, 2018
Jkt 079200
PO 00000
Frm 00064
Fmt 6652
Sfmt 6221
E:\BILLS\H6063.IH
H6063
pamtmann on DSKBFK8HB2PROD with BILLS
seminar, exhibition, symposium, or similar meeting are paid and shall 
be available to pay the costs of the Department with respect to the con-
ference 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. 
§ 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). 
§ 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 ammuni-
tion, subdivided by ammunition type. 
(2) A comprehensive report on the purchase and usage of weapons, 
subdivided by weapon type. 
(b) CONTENTS.— 
VerDate Sep 11 2014 
18:05 Jun 12, 2018
Jkt 079200
PO 00000
Frm 00065
Fmt 6652
Sfmt 6221
E:\BILLS\H6063.IH
H6063
pamtmann on DSKBFK8HB2PROD with BILLS
(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 Depart-
ment, 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 pre-
ceding calendar year, and the amount of weapons, subdivided by 
weapon type, included in the budget request for each relevant com-
ponent 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 Depart-
ment, 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 enforce-
ment personnel. 
§ 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 suc-
cessor 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 infrastruc-
ture, and any other person that the Secretary determines appropriate. 
§ 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 develop-
ment of a national identification system or card. 
§ 10393. Functions and authorities of Administrator of Gen-
eral Services not affected 
(a) OPERATION, MAINTENANCE, AND PROTECTION OF FEDERAL BUILD-
INGS AND GROUNDS.—Nothing in this subtitle may be construed to affect 
the functions or authorities of the Administrator of General Services with 
VerDate Sep 11 2014 
18:05 Jun 12, 2018
Jkt 079200
PO 00000
Frm 00066
Fmt 6652
Sfmt 6221
E:\BILLS\H6063.IH
H6063
pamtmann on DSKBFK8HB2PROD with BILLS
respect to the operation, maintenance, and protection of buildings and 
grounds owned or occupied by the Federal Government and under the juris-
diction, custody, or control of the Administrator. Except for the law enforce-
ment 
and 
related 
security 
functions 
transferred 
under 
section 
10901(b)(1)(C) of this title, the Administrator shall retain all powers, func-
tions, 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 Ad-
ministrator 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 Depart-
ment to obligate amounts in the Federal Buildings Fund estab-
lished 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. 
§ 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 condi-
tions) 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 coop-
erative 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 con-
sultants (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 serv-
VerDate Sep 11 2014 
18:05 Jun 12, 2018
Jkt 079200
PO 00000
Frm 00067
Fmt 6652
Sfmt 6221
E:\BILLS\H6063.IH
H6063
pamtmann on DSKBFK8HB2PROD with BILLS
ices, including the services of experts or consultants (or organizations 
of experts or consultants), without regard to the pay limitations of sec-
tion 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 Sec-
retary— 
(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 Rep-
resentatives, 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 Pro-
tection 
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 initia-
tive. 
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. 
VerDate Sep 11 2014 
18:05 Jun 12, 2018
Jkt 079200
PO 00000
Frm 00068
Fmt 6652
Sfmt 6231
E:\BILLS\H6063.IH
H6063
pamtmann on DSKBFK8HB2PROD with BILLS
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 informa-
tion. 
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 Tech-
nologies 
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 
§ 10501. Information and analysis and infrastructure protec-
tion 
(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 
VerDate Sep 11 2014 
18:05 Jun 12, 2018
Jkt 079200
PO 00000
Frm 00069
Fmt 6652
Sfmt 6221
E:\BILLS\H6063.IH
H6063
pamtmann on DSKBFK8HB2PROD with BILLS
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, in-
telligence information, and other information from agencies of the Fed-
eral 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 Depart-
ment and the functions of the National Counterterrorism Center estab-
lished 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, in-
cluding 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 as-
sessments (regardless of whether the information, analysis or assess-
ments are provided by or produced by the Department) in order to— 
(A) identify priorities for protective and support measures re-
garding 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 gov-
ernment (including a State, local, or tribal law enforcement agen-
cy) or a private-sector entity. 
VerDate Sep 11 2014 
18:05 Jun 12, 2018
Jkt 079200
PO 00000
Frm 00070
Fmt 6652
Sfmt 6221
E:\BILLS\H6063.IH
H6063
pamtmann on DSKBFK8HB2PROD with BILLS
(4) To ensure, under section 10502 of this title, the timely and effi-
cient access by the Department to all information necessary to dis-
charge 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), elec-
tronic 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 improve-
ments to the policies and procedures governing the sharing of informa-
tion within the scope of the information sharing environment estab-
lished under section 11708 of this title, including homeland security in-
formation, terrorism information, and weapons of mass destruction in-
formation, and policies, guidelines, procedures, instructions, or stand-
ards established under that section. 
(8) To disseminate, as appropriate, information analyzed by the De-
partment within the Department, to other agencies of the Federal Gov-
ernment 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, preven-
tion, 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 Fed-
eral Government to establish collection priorities and strategies for in-
formation, 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 require-
ments 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. 
VerDate Sep 11 2014 
18:05 Jun 12, 2018
Jkt 079200
PO 00000
Frm 00071
Fmt 6652
Sfmt 6221
E:\BILLS\H6063.IH
H6063
pamtmann on DSKBFK8HB2PROD with BILLS
(11) To ensure that— 
(A) material received pursuant to this subtitle is protected from 
unauthorized disclosure and handled and used only for the per-
formance of official duties; and 
(B) intelligence information under this subtitle is shared, re-
tained, and disseminated consistent with the authority of the Di-
rector 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 au-
thorities of the Attorney General concerning sensitive law enforce-
ment information. 
(12) To request additional information from other agencies of the 
Federal Government, State and local government agencies, and the pri-
vate sector relating to threats of terrorism in the United States, or re-
lating to other areas of responsibility assigned by the Secretary, includ-
ing the entry into cooperative agreements through the Secretary to ob-
tain the information. 
(13) To establish and utilize, in conjunction with the chief informa-
tion officer of the Department, a secure communications and informa-
tion technology infrastructure, including data-mining and other ad-
vanced analytical tools, in order to access, receive, and analyze data 
and information in furtherance of the responsibilities under this sec-
tion, and to disseminate information acquired and analyzed by the De-
partment, as appropriate. 
(14) To ensure, in conjunction with the chief information officer of 
the Department, that information databases and analytical tools devel-
oped or utilized by the Department— 
(A) are compatible with one another and with relevant informa-
tion databases of other agencies of the Federal Government; and 
(B) treat information in the databases in a manner that com-
plies 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 Govern-
ment, and State and local governments that provide information to the 
Department, or are consumers of information provided by the Depart-
ment, in order to facilitate the identification and sharing of information 
revealed in their ordinary duties and the optimal utilization of informa-
tion received from the Department. 
(16) To coordinate with elements of the intelligence community and 
with Federal, State, and local law enforcement agencies, and the pri-
vate sector, as appropriate. 
VerDate Sep 11 2014 
18:05 Jun 12, 2018
Jkt 079200
PO 00000
Frm 00072
Fmt 6652
Sfmt 6221
E:\BILLS\H6063.IH
H6063
pamtmann on DSKBFK8HB2PROD with BILLS
(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, con-
sistent with directions from the President and, as applicable, the Direc-
tor 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 prod-
ucts contemporaneously with reports or analytic products con-
cerning the same or similar information that the Department pro-
duced 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 guid-
ance 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 consoli-
dated 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 Sec-
retary may provide. 
(25) To prepare and submit to the Committee on Homeland Security 
and Governmental Affairs of the Senate and the Committee on Home-
land Security in the House of Representatives, and to other appropriate 
congressional committees having jurisdiction over the critical infra-
structure or key resources, for each sector identified in the National 
Infrastructure Protection Plan, a report on the comprehensive assess-
ments carried out by the Secretary of the critical infrastructure and 
key resources of the United States, evaluating threat, vulnerability, and 
VerDate Sep 11 2014 
18:05 Jun 12, 2018
Jkt 079200
PO 00000
Frm 00073
Fmt 6652
Sfmt 6221
E:\BILLS\H6063.IH
H6063
pamtmann on DSKBFK8HB2PROD with BILLS
consequence, as required under this subsection. Each report under this 
paragraph— 
(A) shall contain, if applicable, actions or countermeasures rec-
ommended or taken by the Secretary or the head of another Fed-
eral 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 con-
duct an intelligence-based review and comparison of the risks and con-
sequences 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 con-
ducted under section 10718 of this title; 
(ii) be developed in consultation with the relevant Federal sec-
tor-specific agencies (as defined under Presidential Policy Direc-
tive–21) for critical infrastructure; 
(iii) be developed in consultation with the relevant sector coordi-
nating 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 con-
sequences of EMP and GMD facing critical infrastructure; and 
(v) be submitted in unclassified form, but may include a classi-
fied annex. 
(B) Not less frequently than every 2 years after the strategy is sub-
mitted, 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 Intel-
ligence and Analysis and the Office of Infrastructure Protection with 
VerDate Sep 11 2014 
18:05 Jun 12, 2018
Jkt 079200
PO 00000
Frm 00074
Fmt 6652
Sfmt 6221
E:\BILLS\H6063.IH
H6063
pamtmann on DSKBFK8HB2PROD with BILLS
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 sec-
tion. 
(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 re-
sponsibilities 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 pur-
pose 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 Infra-
structure 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 De-
fense, including the functions of the Secretary of Defense relating 
thereto. 
VerDate Sep 11 2014 
18:05 Jun 12, 2018
Jkt 079200
PO 00000
Frm 00075
Fmt 6652
Sfmt 6221
E:\BILLS\H6063.IH
H6063
pamtmann on DSKBFK8HB2PROD with BILLS
(3) The Critical Infrastructure Assurance Office of the Department 
of Commerce, including the functions of the Secretary of Commerce re-
lating thereto. 
(4) The National Infrastructure Simulation and Analysis Center of 
the Department of Energy and the energy security and assurance pro-
gram 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. 
§ 10502. Access to information 
(a) IN GENERAL.— 
(1) THREAT AND VULNERABILITY INFORMATION.—Except as other-
wise directed by the President, the Secretary shall have access the Sec-
retary considers necessary to all information, including reports, assess-
ments, analyses, and unevaluated intelligence relating to threats of ter-
rorism against the United States and to other areas of responsibility 
assigned by the Secretary, and to all information concerning infrastruc-
ture or other vulnerabilities of the United States to terrorism, whether 
or not the information has been analyzed, that may be collected, pos-
sessed, 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 in-
volving broad categories of material, access to electronic databases, or 
both; and 
(2) regardless of whether the Secretary has made a request or en-
tered 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 intel-
ligence which has not been fully evaluated), assessments, and ana-
lytical information relating to threats of terrorism against the 
VerDate Sep 11 2014 
18:05 Jun 12, 2018
Jkt 079200
PO 00000
Frm 00076
Fmt 6652
Sfmt 6221
E:\BILLS\H6063.IH
H6063
pamtmann on DSKBFK8HB2PROD with BILLS
United States and to other areas of responsibility assigned by the 
Secretary; 
(B) all information concerning the vulnerability of the infra-
structure 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 in-
formation 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 Govern-
ment 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 in-
telligence or other information relating to terrorism to which the De-
partment 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. 
§ 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 Sec-
retary’s responsibilities with respect to terrorist travel. 
VerDate Sep 11 2014 
18:05 Jun 12, 2018
Jkt 079200
PO 00000
Frm 00077
Fmt 6652
Sfmt 6221
E:\BILLS\H6063.IH
H6063
pamtmann on DSKBFK8HB2PROD with BILLS
(b) HEAD OF THE PROGRAM.—The Secretary shall designate an official 
of the Department to be responsible for carrying out the program. The offi-
cial 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 recom-
mending improvements, if necessary; 
(3) making recommendations on budget requests and on the alloca-
tion of funding and personnel; 
(4) ensuring effective coordination, with respect to policies, pro-
grams, planning, operations, and dissemination of intelligence and in-
formation relating to terrorist travel— 
(A) among appropriate subdivisions of the Department, as de-
termined 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 Na-
tional 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. 
§ 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 re-
garding 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 Ad-
visory System, the Secretary shall— 
VerDate Sep 11 2014 
18:05 Jun 12, 2018
Jkt 079200
PO 00000
Frm 00078
Fmt 6652
Sfmt 6221
E:\BILLS\H6063.IH
H6063
pamtmann on DSKBFK8HB2PROD with BILLS
(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 ad-
vice 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 appro-
priately; 
(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. 
§ 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 home-
land security information, terrorism information, weapons of mass destruc-
tion information, or national intelligence (as defined in section 3 of the Na-
tional 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 OFFI-
CERS.—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 re-
garding coordinating the different systems used in the Department to gath-
er 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, act-
ing through the Under Secretary for Intelligence and Analysis or the 
Assistant Secretary for Infrastructure Protection, as appropriate, 
shall— 
VerDate Sep 11 2014 
18:05 Jun 12, 2018
Jkt 079200
PO 00000
Frm 00079
Fmt 6652
Sfmt 6221
E:\BILLS\H6063.IH
H6063
pamtmann on DSKBFK8HB2PROD with BILLS
(A) establish Department-wide procedures for the review and 
analysis of information provided by State, local, and tribal govern-
ments and the private sector; 
(B) as appropriate, integrate the information into the informa-
tion gathered by the Department and other departments and agen-
cies 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 Infrastruc-
ture Protection, as appropriate, shall provide to employees of the De-
partment opportunities for training and education to develop an under-
standing of— 
(A) the definitions of homeland security information and na-
tional 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 na-
tional 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 Anal-
ysis 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 na-
tional 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 SERV-
ICE.— 
VerDate Sep 11 2014 
18:05 Jun 12, 2018
Jkt 079200
PO 00000
Frm 00080
Fmt 6652
Sfmt 6221
E:\BILLS\H6063.IH
H6063
pamtmann on DSKBFK8HB2PROD with BILLS