297 
curity to better inform risk management deci-
sions; and 
(D) take into consideration the unique ge-
ography of and current recognized practices 
used 
by 
airports 
to 
mitigate 
potential 
vulnerabilities. 
(3) REPORT.—The Administrator of the Trans-
portation Security Administration shall report to the 
appropriate congressional committees, relevant Fed-
eral departments and agencies, and airport operators 
on the results of the security risk assessments re-
quired under paragraph (1). 
(b) 
AIRPORT
SECURITY
STRATEGY
DEVELOP-
MENT.— 
(1) IN
GENERAL.—Not later than 180 days 
after the date of the enactment of this Act, the Ad-
ministrator of the Transportation Security Adminis-
tration shall update the 2012 National Strategy for 
Airport Perimeter and Access Control Security (in 
this section referred to as the ‘‘National Strategy’’). 
(2) CONTENTS.—The update to the National 
Strategy required under paragraph (1) shall include 
(A) information from the Risk Assessment 
of Airport Security; and 
(B) information on—
298 
(i) airport security-related activities; 
(ii) the status of efforts by the Trans-
portation Security Administration to ad-
dress the goals and objectives referred to 
in subsection (a); 
(iii) finalized outcome-based perform-
ance measures and performance levels for 
each relevant activity and goal and objec-
tive under subparagraphs (A) and (B); and 
(iv) input from airport operators. 
(3) UPDATES.—Not later than 90 days after 
the update is completed under paragraph (1), the 
Administrator of the Transportation Security Ad-
ministration shall implement a process for deter-
mining when additional updates to the strategy re-
ferred to in such subsection are needed. 
SEC. 1543. EXIT LANE SECURITY. 
There is authorized $77,000,000 for each of fiscal 
years 2018 and 2019 to carry out subsection (n)(1) of 
section 44903 of title 49, United States Code.
299 
SEC. 1544. REIMBURSEMENT FOR DEPLOYMENT OF ARMED 
LAW ENFORCEMENT PERSONNEL AT AIR-
PORTS. 
There is authorized $45,000,000 for each of fiscal 
years 2018 and 2019 to carry out subsection (h) of section 
44901 of title 49, United States Code. 
Subtitle E—Air Cargo Security 
SEC. 1551. AIR CARGO ADVANCE SCREENING PROGRAM. 
(a) IN GENERAL.—Subtitle B of title IV of the 
Homeland Security Act of 2002 (6 U.S.C. 211 et seq.) 
is amended by adding at the end the following new section: 
‘‘SEC. 420. AIR CARGO ADVANCE SCREENING PROGRAM. 
‘‘(a) IN GENERAL.—The Secretary, consistent with 
the requirements of the Trade Act of 2002 (Public Law 
107–210) shall— 
‘‘(1) establish an air cargo advance screening 
program (in this section referred to as the ‘ACAS 
Program’) for the collection by U.S. Customs and 
Border Protection of advance electronic information 
from air carriers and other persons within the sup-
ply chain regarding cargo being transported to the 
United States by air; 
‘‘(2) under such program, require that such in-
formation be transmitted by such air carriers and 
other persons at the earliest point practicable prior
300 
to loading of such cargo onto an aircraft destined to 
or transiting through the United States; 
‘‘(3) establish appropriate communications sys-
tems with freight forwarders, shippers, and air car-
riers; 
‘‘(4) establish a system that will allow freight 
forwarders, shippers, and air carriers to provide 
shipment level data for air cargo, departing from 
any location that is inbound to the United States; 
and 
‘‘(5) coordinate with the Administrator of the 
Transportation Security Administration to identify 
opportunities in which the information furnished in 
compliance with the ACAS Program could be used 
by the Administrator. 
‘‘(b) INSPECTION OF HIGH-RISK CARGO.—Under the 
ACAS Program, the Secretary shall ensure that all cargo 
that has been identified as high-risk is inspected— 
‘‘(1) prior to the loading of such cargo onto air-
craft at the last point of departure, or 
‘‘(2) at an earlier point in the supply chain, 
before departing for the United States. 
‘‘(c) CONSULTATION.—In carrying out the ACAS 
Program, the Secretary shall consult with relevant stake-
301 
holders, as appropriate, to ensure that an operationally 
feasible and practical approach to— 
‘‘(1) the collection of advance information with 
respect to cargo on aircraft departing for the United 
States, and 
‘‘(2) the inspection of high-risk cargo, 
recognizes the significant differences among air cargo 
business models and modes of transportation. 
‘‘(d) ANALYSIS.—The Secretary may analyze the in-
formation referred to in subsection (a) in the Depart-
ment’s automated targeting system and integrate such in-
formation with other intelligence to enhance the accuracy 
of the risk assessment process under the ACAS Program. 
‘‘(e) NO DUPLICATION.—The Secretary shall carry 
out this section in a manner that, after the ACAS Pro-
gram is fully in effect, ensures, to the greatest extent prac-
ticable, that the ACAS Program does not duplicate other 
Department programs or requirements relating to the sub-
mission of air cargo data or the inspection of high-risk 
cargo. 
‘‘(f) CONSIDERATION OF INDUSTRY.—In carrying out 
the ACAS Program, the Secretary shall— 
‘‘(1) take into consideration that the content 
and timeliness of the available data may vary among 
entities in the air cargo industry and among coun-
302 
tries, and shall explore procedures to accommodate 
such variations while maximizing the contribution of 
such data to the risk assessment process under the 
ACAS Program; 
‘‘(2) test the business processes, technologies, 
and operational procedures required to provide ad-
vance information with respect to cargo on aircraft 
departing for the United States and carry out re-
lated inspection of high-risk cargo, while ensuring 
delays and other negative impacts on vital supply 
chains are minimized; and 
‘‘(3) consider the cost, benefit, and feasibility 
before establishing any set time period for submis-
sion of certain elements of the data for air cargo 
under this section in line with the regulatory guide-
lines specified in Executive Order No. 13563, and 
any successor Executive order or regulation. 
‘‘(g) GUIDANCE.—The Secretary shall provide guid-
ance for participants in the ACAS Program regarding the 
requirements for participation, including requirements for 
transmitting shipment level data. 
‘‘(h) USE OF DATA.—The Secretary shall use the 
data provided under the ACAS Program for targeting 
shipments for screening and aviation security purposes 
only.’’.
304 
SEC. 1552. EXPLOSIVES DETECTION CANINE TEAMS FOR 
AIR CARGO SECURITY. 
Section 1307 of the Implementing Recommendations 
of the 9/11 Commission Act of 2007 (6 U.S.C. 1116) is 
amended by adding at the end the following new sub-
section: 
‘‘(h) EXPLOSIVES DETECTION CANINE TEAMS FOR 
AIR CARGO SECURITY.— 
‘‘(1) IN GENERAL.—In order to enhance the 
screening of air cargo and ensure that third-party 
explosives detection canine assets are leveraged for 
such purpose, the Administrator shall, not later than 
180 days after the date of the enactment of this 
subsection— 
‘‘(A) develop and issue standards for the 
use of such third-party explosives detection ca-
nine assets for the primary screening of air 
cargo; 
‘‘(B) develop a process to identify qualified 
non-Federal entities that will certify canine as-
sets that meet the standards established by the 
Administrator pursuant to subparagraph (A); 
‘‘(C) ensure that entities qualified to cer-
tify canine assets shall be independent from en-
tities that will train and provide canines to end 
users of such canine assets;
305 
‘‘(D) establish a system of Transportation 
Security Administration audits of the process 
developed pursuant to subparagraph (B); and 
‘‘(E) provide that canines certified for the 
primary screening of air cargo can be used by 
air carriers, foreign air carriers, freight for-
warders, and shippers. 
‘‘(2) IMPLEMENTATION.—Upon completion of 
the development of the process under subsection (a), 
the Administrator shall— 
‘‘(A) facilitate the deployment of such as-
sets that meet the certification standards of the 
Administration, as determined by the Adminis-
trator; 
‘‘(B) make such standards available to 
vendors seeking to train and deploy third-party 
explosives detection canine assets; and 
‘‘(C) ensure that all costs for the training 
and certification of canines, and for the use of 
supplied canines, are borne by private industry 
and not the Federal Government. 
‘‘(3) DEFINITIONS.—In this subsection: 
‘‘(A) AIR CARRIER.—The term ‘air carrier’ 
has the meaning given such term in section 
40102 of title 49, United States Code.
306 
‘‘(B) FOREIGN
AIR
CARRIER.—The term 
‘foreign air carrier’ has the meaning given such 
term in section 40102 of title 49, United States 
Code. 
‘‘(C) THIRD-PARTY
EXPLOSIVES
DETEC-
TION CANINE ASSETS.—The term ‘third-party 
explosives detection canine assets’ means any 
explosives detection canine or handler not 
owned or employed, respectively, by the Admin-
istration.’’. 
Subtitle F—Information Sharing 
and Cybersecurity 
SEC. 1561. INFORMATION SHARING AND CYBERSECURITY. 
(a) 
FEDERAL
SECURITY
DIRECTORS.—Section 
44933 of title 49, United States Code, is amended by add-
ing at the end the following new subsection: 
‘‘(c) INFORMATION SHARING.—Not later than one 
year after the date of the enactment of this subsection, 
the Administrator shall— 
‘‘(1) require each Federal Security Director of 
an airport to meet at least quarterly with the airport 
director, airport security coordinator, and law en-
forcement agencies serving each such airport to dis-
cuss incident management protocols, including the
307 
resolution of screening anomalies at passenger 
screening checkpoints; and 
‘‘(2) require each Federal Security Director at 
an airport to inform, consult, and coordinate, as ap-
propriate, with the respective airport security coordi-
nator in a timely manner on security matters im-
pacting airport operations and to establish and 
maintain operational protocols with such airport op-
erators to ensure coordinated responses to security 
matters.’’. 
(b) PLAN TO IMPROVE INFORMATION SHARING.— 
(1) IN
GENERAL.—Not later than 180 days 
after the date of the enactment of this Act, the Sec-
retary of Homeland Security, acting through the Ad-
ministrator of the Transportation Security Adminis-
tration, shall develop a plan to improve intelligence 
information sharing with State and local transpor-
tation entities that includes best practices to ensure 
that the information shared is actionable, useful, 
and not redundant. 
(2) CONTENTS.—The plan required under sub-
section (a) shall include the following: 
(A) The incorporation of best practices for 
information sharing.
308 
(B) The identification of areas of overlap 
and redundancy. 
(C) An evaluation and incorporation of 
stakeholder input in the development of such 
plan. 
(D) The integration of recommendations of 
the Comptroller General of the United States 
on information sharing. 
(3) SOLICITATION.—The Administrator shall 
solicit on an annual basis input from appropriate 
stakeholders, including State and local transpor-
tation entities, on the quality and quantity of intel-
ligence received by such stakeholders relating to in-
formation sharing. 
(c) BEST PRACTICES SHARING.— 
(1) IN
GENERAL.—Not later than 180 days 
after the date of the enactment of this Act, the Sec-
retary of Homeland Security, acting through the Ad-
ministrator of the Transportation Security Adminis-
tration, shall establish a mechanism to share with 
State and local transportation entities best practices 
from across the law enforcement spectrum, including 
Federal, State, local, and tribal entities, that relate 
to employee training, employee professional develop-
ment, technology development and deployment, hard-
309 
ening tactics, and passenger and employee aware-
ness programs. 
(2) CONSULTATION.—The Administrator of the 
Transportation Security Administration shall solicit 
and incorporate stakeholder input— 
(A) in developing the mechanism for shar-
ing best practices as required under paragraph 
(1); and 
(B) not less frequently than once each year 
on the quality and quantity of information such 
stakeholders receive through the mechanism es-
tablished under such subsection. 
(d) CYBERSECURITY.— 
(1) IN GENERAL.—The Secretary of Homeland 
Security shall— 
(A) not later than 120 days after the date 
of the enactment of this Act, develop and imple-
ment a cybersecurity risk assessment model for 
aviation security, consistent with the National 
Institute of Standards and Technology Frame-
work for Improvement Critical Infrastructure 
Cybersecurity and any update to such Frame-
work pursuant to section 2 of the National In-
stitute of Standards and Technology Act (15
310 
U.S.C. 272), to evaluate current and future cy-
bersecurity risks; 
(B) evaluate, on a periodic basis, but not 
less often than once every two years, the effec-
tiveness of the cybersecurity risk assessment 
model under subparagraph (A); 
(C) seek to ensure participation of at least 
one information sharing and analysis organiza-
tion (as such term is defined in section 212 of 
the Homeland Security Act of 2002 (6 U.S.C. 
131)) representing the aviation community in 
the national cybersecurity and communications 
integration center, pursuant to subsection 
(d)(1)(B) of section 227 of the Homeland Secu-
rity Act of 2002 (6 U.S.C. 148); 
(D) establish guidelines for voluntary re-
porting of aviation-related cybersecurity risks 
and incidents to the national cybersecurity and 
communications integration center under sec-
tion 227 of the Homeland Security Act of 2002, 
and other appropriate Federal agencies; and 
(E) request the Aviation Security Advisory 
Committee established pursuant to section 
44946 of title 49, United States Code, to report 
and make recommendations to the Secretary on
311 
enhancing the sharing of information related to 
aviation-related cybersecurity risks and inci-
dents between relevant Federal, state, local, 
tribal, and territorial entities and the aviation 
stakeholder community. 
(2) CYBERSECURITY ENHANCEMENTS TO AVIA-
TION
SECURITY
ACTIVITIES.—The Secretary of 
Homeland Security, in consultation with the Sec-
retary of Transportation, shall— 
(A) direct the sharing of information con-
cerning cybersecurity risks and incidents to ad-
dress aviation-specific risks; and 
(B) upon request, conduct cybersecurity 
vulnerability assessments for airports and air 
carriers. 
(3) TSA DATABASE CYBER ASSESSMENT.— 
(A) ASSESSMENT
REQUIRED.—Not later 
than 120 days after the date of the enactment 
of this Act, the Secretary of Homeland Security 
shall evaluate the cybersecurity of the Trans-
portation Security Administration databases for 
trusted traveler and credentialing programs 
that contain personal information of specific in-
dividuals or information that identifies specific 
individuals, including the Transportation Work-
312 
er Identification Credential and Pre-Check 
trusted traveler programs, and the means for 
transmission of data to and from such data-
bases and develop information on any identified 
cybersecurity vulnerabilities and remediation 
plans to address such vulnerabilities; 
(B) SUBMISSION TO CONGRESS.—Not later 
than 30 days after the completion of the evalua-
tion required under subparagraph (A), the Sec-
retary shall submit to the Committee on Home-
land Security of the House of Representatives 
and the Committee on Commerce, Science, and 
Transportation of the Senate information relat-
ing to such evaluation. Such submission shall be 
provided in a classified form. 
(C) SUBMISSION OF SUPPLEMENTARY IN-
FORMATION.—Not later than 90 days after the 
completion of such evaluation, the Secretary 
shall submit to the Committee on Homeland 
Security of the House of Representatives and 
the Committee on Commerce, Science, and 
Transportation of the Senate supplementary in-
formation relating to such evaluation, including 
information relating to any identified cybersecu-
rity vulnerabilities and remediation plans to ad-
313 
dress such vulnerabilities. Such submission shall 
be provided in a classified form. 
(4) DEFINITIONS.—In this subsection, the 
terms ‘‘cybersecurity risk’’ and ‘‘incident’’ have the 
meanings given such terms in section 227 of the 
Homeland Security Act of 2002. 
Subtitle G—Surface Transportation 
Security 
SEC. 1571. DEFINITIONS. 
In this subtitle: 
(1) APPROPRIATE
CONGRESSIONAL
COMMIT-
TEES.—The term ‘‘appropriate congressional com-
mittees’’ means the Committee on Homeland Secu-
rity and the Committee on Transportation and In-
frastructure of the House of Representatives and the 
Committee on Commerce, Science, and Transpor-
tation of the Senate. 
(2) EXPLOSIVES DETECTION CANINE TEAM.— 
The term ‘‘explosives detection canine team’’ means 
a canine and a canine handler trained to detect ex-
plosives and other threats as determined by the Sec-
retary. 
(3) RISK.—The term ‘‘risk’’ means the poten-
tial for an unwanted outcome resulting from an acci-
314 
dent, event, or occurrence, as determined by its like-
lihood and the associated consequences. 
(4) THREAT.—The term ‘‘threat’’ means an in-
dividual, entity, action, or natural or manmade oc-
currence that has or indicates the potential to harm 
life, information, operations, the environment, or 
property. 
(5) VULNERABILITY.—The term ‘‘vulnerability’’ 
means a physical feature or operational attribute 
that renders an entity open to exploitation or sus-
ceptible to a given hazard. 
SEC. 1572. SURFACE TRANSPORTATION SECURITY ASSESS-
MENT 
AND 
IMPLEMENTATION 
OF 
RISK- 
BASED STRATEGY. 
(a) SECURITY ASSESSMENT.— 
(1) IN
GENERAL.—Not later than one year 
after the date of the enactment of this Act, the Sec-
retary of Homeland Security shall complete an as-
sessment of the vulnerabilities of and risks to sur-
face transportation systems, including findings from 
similar vulnerability analyses completed within three 
years of the date of the enactment of this Act. 
(2) CONSIDERATIONS.—In conducting the secu-
rity assessment under paragraph (1), the Secretary 
of Homeland Security shall, at a minimum—
315 
(A) consider appropriate intelligence; 
(B) consider security breaches and attacks 
at domestic and international transportation fa-
cilities; 
(C) consider the vulnerabilities and risks 
associated with specific modes of surface trans-
portation systems; 
(D) evaluate the vetting and security train-
ing of— 
(i) employees in surface transpor-
tation systems; and 
(ii) other individuals with access to 
sensitive or secure areas of transportation 
systems; and 
(E) consider input from— 
(i) representatives of different modes 
of surface transportation systems; 
(ii) subject to paragraph (3)— 
(I) critical infrastructure entities; 
and 
(II) the Transportation Systems 
Sector Coordinating Council; and 
(iii) the heads of other relevant Fed-
eral departments or agencies. 
(b) RISK-BASED SECURITY STRATEGY.—
316 
(1) IN
GENERAL.—Not later than 180 days 
after the date the security assessment under sub-
section (a) is complete, the Secretary of Homeland 
Security shall use the results of such assessment— 
(A) to develop and implement a cross-cut-
ting, risk-based security strategy that in-
cludes— 
(i) all surface transportation systems; 
(ii) a mitigating strategy that aligns 
with each vulnerability and risk identified 
in subsection (a); 
(iii) a planning process to inform re-
source allocation; 
(iv) priorities, milestones, and per-
formance metrics to measure the effective-
ness of such risk-based security strategy; 
and 
(v) processes for sharing relevant and 
timely intelligence threat information with 
appropriate stakeholders; 
(B) to develop a management oversight 
strategy that— 
(i) identifies the parties responsible 
for the implementation, management, and
317 
oversight of the risk-based security strat-
egy under subparagraph (A); and 
(ii) includes a plan for implementing 
such risk-based security strategy; and 
(C) to modify the risk-based budget and 
resource allocations, in accordance with section 
573(c), for the Transportation Security Admin-
istration. 
(2) COORDINATED
APPROACH.—In developing 
and implementing the risk-based security strategy 
under paragraph (1)(A), the Secretary of Homeland 
Security shall coordinate with the heads of other rel-
evant Federal departments or agencies, and stake-
holders, as appropriate— 
(A) to evaluate existing surface transpor-
tation security programs, policies, and initia-
tives, including the explosives detection canine 
teams, for consistency with the risk-based secu-
rity strategy and, to the extent practicable, 
avoid any unnecessary duplication of effort; 
(B) to determine the extent to which stake-
holder security programs, policies, and initia-
tives address the vulnerabilities and risks to 
surface transportation systems identified in 
subsection (a); and
318 
(C) subject to subparagraph (B), to miti-
gate each such vulnerability and risk. 
(c) REPORT.— 
(1) IN
GENERAL.—Not later than one year 
after the date the security assessment under sub-
section (a) is complete, the Secretary of Homeland 
Security shall submit to the appropriate congres-
sional committees and the Inspector General of the 
Department of Homeland Security a report that— 
(A) describes the process used to complete 
such security assessment; 
(B) describes the process used to develop 
the risk-based security strategy under sub-
section (b)(1)(A); 
(C) describes such risk-based security 
strategy; 
(D) includes the management oversight 
strategy under subsection (b)(1)(B); 
(E) includes— 
(i) the findings of such security as-
sessment; 
(ii) a description of the actions rec-
ommended or taken by the Department or 
another Federal department or agency to
319 
mitigate the vulnerabilities and risks iden-
tified in subsection (a); 
(iii) any recommendations for improv-
ing the coordinated approach to mitigating 
vulnerabilities and risks to surface trans-
portation systems; and 
(iv) any recommended changes to the 
National Infrastructure Protection Plan 
developed pursuant to Homeland Security 
Presidential Directive–7, the modal an-
nexes to such plan, or relevant surface 
transportation security programs, policies, 
or initiatives; and 
(F) may contain a classified annex. 
(2) PROTECTIONS.—In preparing the report re-
quired under paragraph (1), the Secretary of Home-
land Security shall take appropriate actions to safe-
guard information described by section 552(b) of 
title 5, United States Code, or protected from disclo-
sure by any other law of the United States. 
(d) UPDATES.—Not less frequently than semiannu-
ally, the Secretary of Homeland Security shall report to 
or brief the appropriate congressional committees on the 
vulnerabilities of and risks to surface transportation sys-
320 
tems and how such vulnerabilities and risks affect the 
risk-based security strategy under subsection (b)(1)(A). 
SEC. 1573. RISK-BASED BUDGETING AND RESOURCE ALLO-
CATION. 
(a) REPORT.—In conjunction with the submission of 
the Department’s annual budget request to the Office of 
Management and Budget, the Administrator of the Trans-
portation Security Administration shall submit to the ap-
propriate congressional committees a report that describes 
a risk-based budget and resource allocation plan for sur-
face transportation sectors, within and across modes, 
that— 
(1) reflects the risk-based security strategy 
under section 572(b)(1)(A); and 
(2) is organized by appropriations account, pro-
gram, project, and initiative. 
(b) BUDGET TRANSPARENCY.—Subsection (a) of sec-
tion 1105 of title 31, United States Code, is amended by 
adding at the end the following new paragraph: 
‘‘(40) a separate statement clearly distin-
guishing the resources requested for surface trans-
portation security from the resources requested for 
aviation security.’’. 
(c) RESOURCE REALLOCATION.—
321 
(1) IN GENERAL.—Not later than 15 days after 
the date on which the Transportation Security Ad-
ministration allocates any resources or personnel, in-
cluding personnel sharing, detailing, or assignment, 
or the use of facilities, technology systems, or vet-
ting resources, for a non-transportation security pur-
pose or National Special Security Event (as defined 
in section 2001 of Homeland Security Act of 2002 
(6 U.S.C. 601)), the Secretary of Homeland Secu-
rity shall provide to the appropriate congressional 
committees the notification described in paragraph 
(2). 
(2) NOTIFICATION.—A notification described in 
this paragraph shall include— 
(A) the reason for and a justification of 
the resource or personnel allocation at issue; 
(B) the expected end date of such resource 
or personnel allocation; and 
(C) the projected cost to the Transpor-
tation Security Administration of such per-
sonnel or resource allocation.
322 
SEC. 1574. SURFACE TRANSPORTATION SECURITY MANAGE-
MENT AND INTERAGENCY COORDINATION 
REVIEW. 
(a) REVIEW.—Not later than one year after the date 
of the enactment of this Act, the Comptroller General of 
the United States shall— 
(1) review the staffing, budget, resource, and 
personnel allocation, and management oversight 
strategy of the Transportation Security Administra-
tion’s surface transportation security programs; 
(2) review the coordination between relevant en-
tities of leadership, planning, policy, inspections, and 
implementation of security programs relating to sur-
face transportation to reduce redundancy and regu-
latory burden; and 
(3) submit to the appropriate congressional 
committees a report on the findings of the reviews 
under paragraphs (1) and (2), including any rec-
ommendations for improving coordination between 
relevant entities and reducing redundancy and regu-
latory burden. 
(b) RELEVANT ENTITIES DEFINED.—In this section, 
the term ‘‘relevant entities’’ means— 
(1) the Transportation Security Administration;
323 
(2) other Federal, State, or local departments 
or agencies with jurisdiction over a mode of surface 
transportation; 
(3) critical infrastructure entities; 
(4) the Transportation Systems Sector Coordi-
nating Council; and 
(5) relevant stakeholders. 
SEC. 1575. TRANSPARENCY. 
(a) REGULATIONS.—Not later than 180 days after 
the date of the enactment of this Act and every 180 days 
thereafter, the Administrator of the Transportation Secu-
rity Administration shall make available through a public 
website information regarding the status of each regula-
tion relating to surface transportation security that is di-
rected by law to be issued but that has not been issued 
if more than two years have passed since the date of enact-
ment of each such law. 
(b) INSPECTOR GENERAL REVIEW.—Not later than 
180 days after the date of the enactment of this Act and 
every two years thereafter until all of the requirements 
under titles XIII, XIV, and XV of the Implementing Rec-
ommendations of the 9/11 Commission Act of 2007 (6 
U.S.C. 1111 et seq.) and under this Act have been fully 
implemented, the Inspector General of the Department of
324 
Homeland Security shall submit to the appropriate con-
gressional committees a report that— 
(1) identifies the requirements under such titles 
of such Act and under this Act that have not been 
fully implemented; 
(2) describes what, if any, additional action is 
necessary; and 
(3) includes recommendations regarding wheth-
er any of such requirements should be amended or 
repealed. 
SEC. 1576. TSA COUNTERTERRORISM ASSET DEPLOYMENT. 
(a) IN GENERAL.—The Administrator of the Trans-
portation Security Administration is authorized to main-
tain 30 Visible Intermodal Prevention and Response 
(VIPR) teams for deployment, at the request of and in 
collaboration with Federal, State, and local transportation 
stakeholders, to prevent and deter acts of terrorism 
against United States transportation systems and for 
other counterterrorism purposes. Starting in January 
2019 and for five years thereafter, the Administrator shall 
annually assess whether the number of VIPR teams is 
adequate to respond to requests for collaboration from 
Federal, State, and local transportation stakeholders and 
to carry out counterterrorism activities with respect to 
United States transportation systems.
325 
(b) CONGRESSIONAL NOTIFICATION.—If the Admin-
istrator of the Transportation Security Administration de-
termines that the number of VIPR teams should be re-
duced below 30, the Administrator shall notify the Com-
mittee on Homeland Security of the House of Representa-
tives and the Committee on Commerce, Science, and 
Transportation of the Senate not later than 90 days prior 
to such a determination. 
(c) REPORT TO CONGRESS.—Not later than 60 days 
after the development and implementation of the perform-
ance measures and objectives required under subsection 
(f), the Administrator of the Transportation Security Ad-
ministration shall report to the Committee on Homeland 
Security of the House of Representatives and the Com-
mittee on Commerce, Science, and Transportation of the 
Senate on the appropriate number of VIPR teams needed 
by the Administration. 
(d) STAKEHOLDER NOTIFICATION.—If the Transpor-
tation Security Administration deploys any counterter-
rorism personnel or resource, such as explosive detection 
assets, property inspections, or patrols by VIPR teams, 
to enhance security at a surface transportation system or 
surface transportation facility for a period of not less than 
180 consecutive days, the Administrator shall provide suf-
ficient notification to the system or facility operator, as
326 
applicable, not less than 14 days prior to terminating the 
deployment. 
(e) EXCEPTION.—Subsection (d) shall not apply if 
the Administrator of the Transportation Security Admin-
istration— 
(1) determines there is an urgent security need 
for the personnel or resource described in such sub-
section; and 
(2) notifies the Committee on Homeland Secu-
rity of the House of Representatives and the Com-
mittee on Commerce, Science, and Transportation of 
the Senate. 
(f) VIPR TEAMS.—Section 1303 of the Implementing 
Recommendations of the 9/11 Commission Act of 2007 (6 
U.S.C. 1112) is amended— 
(1) in subsection (a)(4), by striking ‘‘team,’’ 
and inserting ‘‘team as to specific locations and 
times within the facilities of such entities at which 
VIPR teams are to be deployed to maximize the ef-
fectiveness of such deployment,’’; and 
(2) by striking subsection (b) and inserting the 
following new subsections: 
‘‘(b) PERFORMANCE MEASURES.—Not later than one 
year after the date of the enactment of this subsection, 
the Administrator shall develop and implement a system
327 
of qualitative performance measures and objectives by 
which to assess the roles, activities, and effectiveness of 
VIPR team operations on an ongoing basis, including a 
mechanism through which the transportation entities re-
ferred to in subsection (a)(4) may submit feedback on 
VIPR team operations involving their systems or facilities. 
‘‘(c) PLAN.—Not later than one year after the date 
of the enactment of this section, the Administrator shall 
develop and implement a plan for ensuring the interoper-
ability of communications among VIPR team participants 
and between VIPR teams and any transportation entities 
with systems or facilities that are involved in VIPR team 
operations. Such plan shall include an analysis of the costs 
and resources required to carry out such plan.’’. 
SEC. 1577. SURFACE TRANSPORTATION SECURITY ADVI-
SORY COMMITTEE. 
(a) IN GENERAL.—Subchapter II of chapter 449 of 
title 49, United States Code, is amended by adding at the 
end the following new section: 
‘‘§ 44947. Surface Transportation Security Advisory 
Committee 
‘‘(a) ESTABLISHMENT.—The Administrator of the 
Transportation Security Administration (referred to in 
this section as the ‘Administrator’) shall establish within 
the Transportation Security Administration the Surface
328 
Transportation Security Advisory Committee (referred to 
in this section as the ‘Advisory Committee’). 
‘‘(b) DUTIES.— 
‘‘(1) IN
GENERAL.—The Advisory Committee 
may advise, consult with, report to, and make rec-
ommendations to the Administrator on surface 
transportation security matters, including the devel-
opment, refinement, and implementation of policies, 
programs, initiatives, rulemakings, and security di-
rectives pertaining to surface transportation secu-
rity. 
‘‘(2) RISK-BASED
SECURITY.—The Advisory 
Committee shall consider risk-based security ap-
proaches in the performance of its duties. 
‘‘(c) MEMBERSHIP.— 
‘‘(1) COMPOSITION.—The Advisory Committee 
shall be composed of— 
‘‘(A) voting members appointed by the Ad-
ministrator under paragraph (2); and 
‘‘(B) nonvoting members, serving in an ad-
visory capacity, who shall be designated by— 
‘‘(i) the Transportation Security Ad-
ministration; 
‘‘(ii) the Department of Transpor-
tation; and
329 
‘‘(iii) such other Federal department 
or agency as the Administrator considers 
appropriate. 
‘‘(2) APPOINTMENT.—The Administrator shall 
appoint voting members from among stakeholders 
representing each mode of surface transportation, 
such as passenger rail, freight rail, mass transit, 
pipelines, highways, over-the-road bus, and trucking, 
including representatives from— 
‘‘(A) associations representing such modes 
of surface transportation; 
‘‘(B) labor organizations representing such 
modes of surface transportation; 
‘‘(C) groups representing the users of such 
modes of surface transportation, including asset 
manufacturers, as appropriate; 
‘‘(D) relevant law enforcement, first re-
sponders, and security experts; and 
‘‘(E) such other groups as the Adminis-
trator considers appropriate. 
‘‘(3) CHAIRPERSON.—The Advisory Committee 
shall select a chairperson from among its voting 
members. 
‘‘(4) TERM OF OFFICE.— 
‘‘(A) TERMS.—
330 
‘‘(i) IN GENERAL.—The term of each 
voting member of the Advisory Committee 
shall be two years, but a voting member 
may continue to serve until the Adminis-
trator appoints a successor. 
‘‘(ii) 
REAPPOINTMENT.—A 
voting 
member of the Advisory Committee may be 
reappointed. 
‘‘(B) REMOVAL.— 
‘‘(i) IN GENERAL.—The Administrator 
may review the participation of a member 
of the Advisory Committee and remove 
such member for cause at any time. 
‘‘(ii) ACCESS TO CERTAIN INFORMA-
TION.—The Administrator may remove 
any member of the Advisory Committee 
who the Administrator determines should 
be restricted from reviewing, discussing, or 
possessing classified information or sen-
sitive security information. 
‘‘(5) PROHIBITION
ON
COMPENSATION.—The 
members of the Advisory Committee may not receive 
any compensation from the Government by reason of 
their service on the Advisory Committee. 
‘‘(6) MEETINGS.—
331 
‘‘(A) IN
GENERAL.—The Advisory Com-
mittee shall meet at least semiannually in per-
son or through web conferencing, and may con-
vene additional meetings as necessary. 
‘‘(B) PUBLIC MEETINGS.—At least one of 
the meetings of the Advisory Committee each 
year shall be— 
‘‘(i) announced in the Federal Reg-
ister; 
‘‘(ii) announced on a public website; 
and 
‘‘(iii) open to the public. 
‘‘(C) ATTENDANCE.—The Advisory Com-
mittee shall maintain a record of the persons 
present at each meeting. 
‘‘(D) MINUTES.— 
‘‘(i) IN GENERAL.—Unless otherwise 
prohibited by Federal law, minutes of the 
meetings of the Advisory Committee shall 
be published on the public website under 
subsection (e)(5). 
‘‘(ii) PROTECTION
OF
CLASSIFIED 
AND SENSITIVE INFORMATION.—The Advi-
sory Committee may redact or summarize, 
as necessary, minutes of the meetings to
332 
protect classified information or sensitive 
security information in accordance with 
law. 
‘‘(7) VOTING MEMBER ACCESS TO CLASSIFIED 
INFORMATION AND SENSITIVE SECURITY INFORMA-
TION.— 
‘‘(A) DETERMINATIONS.—Not later than 
60 days after the date on which a voting mem-
ber is appointed to the Advisory Committee but 
before such voting member may be granted any 
access to classified information or sensitive se-
curity information, the Administrator shall de-
termine if such voting member should be re-
stricted from reviewing, discussing, or pos-
sessing classified information or sensitive secu-
rity information. 
‘‘(B) ACCESS.— 
‘‘(i) SENSITIVE
SECURITY
INFORMA-
TION.—If a voting member is not re-
stricted from reviewing, discussing, or pos-
sessing 
sensitive 
security 
information 
under subparagraph (A) and voluntarily 
signs a nondisclosure agreement, such vot-
ing member may be granted access to sen-
sitive security information that is relevant
333 
to such voting member’s service on the Ad-
visory Committee. 
‘‘(ii) CLASSIFIED INFORMATION.—Ac-
cess to classified materials shall be man-
aged in accordance with Executive Order 
No. 13526 of December 29, 2009 (75 Fed. 
Reg. 
707), 
or 
any 
subsequent 
cor-
responding Executive order. 
‘‘(C) PROTECTIONS.— 
‘‘(i) SENSITIVE
SECURITY
INFORMA-
TION.—Voting members shall protect sen-
sitive security information in accordance 
with part 1520 of title 49, Code of Federal 
Regulations. 
‘‘(ii) 
CLASSIFIED
INFORMATION.— 
Voting members shall protect classified in-
formation in accordance with the applica-
ble requirements for the particular level of 
classification of such information. 
‘‘(8) JOINT COMMITTEE MEETINGS.—The Advi-
sory Committee may meet with one or more of the 
following advisory committees to discuss multimodal 
security issues and other security-related issues of 
common concern:
334 
‘‘(A) Aviation Security Advisory Com-
mittee, established under section 44946 of title 
49, United States Code. 
‘‘(B) Maritime Security Advisory Com-
mittee, established under section 70112 of title 
46, United States Code. 
‘‘(C) Railroad Safety Advisory Committee, 
established by the Federal Railroad Administra-
tion. 
‘‘(9) SUBJECT MATTER EXPERTS.—The Advi-
sory Committee may request the assistance of sub-
ject matter experts with expertise related to the ju-
risdiction of the Advisory Committee. 
‘‘(d) REPORTS.— 
‘‘(1) PERIODIC REPORTS.—The Advisory Com-
mittee shall periodically submit to the Administrator 
reports on matters requested by the Administrator 
or by a majority of the members of the Advisory 
Committee. 
‘‘(2) ANNUAL REPORT.— 
‘‘(A) SUBMISSION.—The Advisory Com-
mittee shall submit to the Administrator and 
the Committee on Homeland Security and the 
Committee on Transportation and Infrastruc-
ture of the House of Representatives and the
335 
Committee on Homeland Security and Govern-
mental Affairs and the Committee on Com-
merce, Science, and Transportation of the Sen-
ate an annual report that provides information 
on the activities, findings, and recommendations 
of the Advisory Committee during the preceding 
year. 
‘‘(B) PUBLICATION.—Not later than six 
months after the date that the Administrator 
receives an annual report under subparagraph 
(A), the Administrator shall publish a public 
version of such report, in accordance with sec-
tion 552a(b) of title 5, United States Code. 
‘‘(e) ADMINISTRATION RESPONSE.— 
‘‘(1) 
CONSIDERATION.—The 
Administrator 
shall consider the information, advice, and rec-
ommendations of the Advisory Committee in formu-
lating policies, programs, initiatives, rulemakings, 
and security directives pertaining to surface trans-
portation security efforts. 
‘‘(2) FEEDBACK.—Not later than 90 days after 
the date that the Administrator receives a rec-
ommendation from the Advisory Committee under 
subsection (d)(2), the Administrator shall submit to
336 
the Advisory Committee written feedback on such 
recommendation, including— 
‘‘(A) if the Administrator agrees with such 
recommendation, a plan describing the actions 
that the Administrator has taken, will take, or 
recommends that the head of another Federal 
department or agency take to implement such 
recommendation; or 
‘‘(B) if the Administrator disagrees with 
such recommendation, a justification for such 
disagreement. 
‘‘(3) NOTICES.—Not later than 30 days after 
the date the Administrator submits feedback under 
paragraph (2), the Administrator shall— 
‘‘(A) notify the Committee on Homeland 
Security and the Committee on Transportation 
and Infrastructure of the House of Representa-
tives and the Committee on Homeland Security 
and Governmental Affairs and the Committee 
on Commerce, Science, and Transportation of 
the Senate of such feedback, including the 
agreement or disagreement under subparagraph 
(A) or subparagraph (B) of such paragraph, as 
applicable; and
337 
‘‘(B) provide the committees specified in 
subparagraph (A) with a briefing upon request. 
‘‘(4) UPDATES.—Not later than 90 days after 
the date the Administrator receives a recommenda-
tion from the Advisory Committee under subsection 
(d)(2) that the Administrator agrees with, and quar-
terly thereafter until such recommendation is fully 
implemented, the Administrator shall submit to the 
Committee on Homeland Security and the Com-
mittee on Transportation and Infrastructure of the 
House of Representatives and the Committee on 
Homeland Security and Governmental Affairs and 
the Committee on Commerce, Science, and Trans-
portation of the Senate a report or post on the pub-
lic website under paragraph (5) an update on the 
status of such recommendation. 
‘‘(5) WEBSITE.—The Administrator shall main-
tain a public website that— 
‘‘(A) lists the members of the Advisory 
Committee; 
‘‘(B) provides the contact information for 
the Advisory Committee; and 
‘‘(C) information relating to meetings, 
minutes, annual reports, and the implementa-
tion of recommendations under this section.
338 
‘‘(f) NONAPPLICABILITY
OF FACA.—The Federal 
Advisory Committee Act (5 U.S.C. App.) shall not apply 
to the Advisory Committee or any subcommittee estab-
lished under this section.’’. 
(b) ADVISORY COMMITTEE MEMBERS.— 
(1) VOTING
MEMBERS.—Not later than 180 
days after the date of the enactment of this Act, the 
Administrator of the Transportation Security Ad-
ministration shall appoint the voting members of the 
Surface Transportation Security Advisory Com-
mittee established under section 44947 of title 49, 
United States Code, as added by subsection (a) of 
this section. 
(2) NONVOTING MEMBERS.—Not later than 90 
days after the date of the enactment of this Act, 
each Federal Government department and agency 
with regulatory authority over a mode of surface 
transportation, as the Administrator of the Trans-
portation Security Administration considers appro-
priate, shall designate an appropriate representative 
to serve as a nonvoting member of the Surface 
Transportation Security Advisory Committee. 
(c) CLERICAL AMENDMENT.—The analysis for chap-
ter 449 of title 49, United States Code, is amended by
339 
inserting after the item relating to section 44946 the fol-
lowing new item: 
‘‘44947. Surface Transportation Security Advisory Committee.’’. 
SEC. 1578. REVIEW OF THE EXPLOSIVES DETECTION CA-
NINE TEAM PROGRAM. 
(a) IN GENERAL.—Not later than 90 days after the 
date that the Inspector General of the Department of 
Homeland Security receives the report under section 
572(c), the Inspector General shall— 
(1) review the explosives detection canine team 
program of the Department, including— 
(A) the development by the Transportation 
Security Administration of a deployment strat-
egy for explosives detection canine teams; 
(B) the national explosives detection canine 
team training program, including canine train-
ing, handler training, refresher training, and 
updates to such training; and 
(C) the use of the canine assets during an 
urgent security need, including the reallocation 
of such program resources outside the transpor-
tation systems sector during an urgent security 
need; and 
(2) submit to the appropriate congressional 
committees a report on such review, including any 
recommendations.
340 
(b) CONSIDERATIONS.—In conducting the review of 
the deployment strategy under subsection (a)(1)(A), the 
Inspector General of the Department of Homeland Secu-
rity shall consider whether the Transportation Security 
Administration’s method to analyze the risk to transpor-
tation facilities and transportation systems is appropriate. 
SEC. 1579. EXPANSION OF NATIONAL EXPLOSIVES DETEC-
TION CANINE TEAM PROGRAM. 
(a) IN GENERAL.—The Secretary of Homeland Secu-
rity, where appropriate, shall encourage State, local, and 
tribal governments and private owners of high-risk trans-
portation facilities to strengthen security through the use 
of explosives detection canine teams. 
(b) INCREASED CAPACITY.— 
(1) IN GENERAL.—Before the date the Inspec-
tor General of the Department of Homeland Secu-
rity submits the report under section 578, the Ad-
ministrator of the Transportation Security Adminis-
tration may increase the number of State and local 
surface and maritime transportation explosives de-
tection canine teams by not more than 70 such 
teams. 
(2) ADDITIONAL
TEAMS.—Beginning on the 
date the Inspector General of the Department of 
Homeland Security submits the report under section
341 
578, the Secretary of Homeland Security may in-
crease the State and local surface and maritime 
transportation explosives detection canine teams by 
not more than 200 such teams unless more of such 
teams are needed as identified in the risk-based se-
curity strategy under section 572(b)(1)(A), con-
sistent with section 573 or with the President’s most 
recent budget submitted under section 1105 of title 
31, United States Code. 
(3) RECOMMENDATIONS.—Before initiating any 
increase in the number of explosives detection teams 
under paragraph (2), the Secretary of Homeland Se-
curity shall consider any recommendations in the re-
port under section 578 on the efficacy and manage-
ment of the explosives detection canine program of 
the Department of Homeland Security. 
(c) DEPLOYMENT.—The Secretary of Homeland Se-
curity shall— 
(1) use any additional explosives detection ca-
nine teams, as described in subsection (b)(1), as 
part of the Department of Homeland Security’s ef-
forts to strengthen security across the Nation’s sur-
face and maritime transportation systems; 
(2) make available explosives detection canine 
teams to all modes of transportation, subject to the
342 
requirements under section 576, to address specific 
vulnerabilities or risks, on an as-needed basis and as 
otherwise determined appropriate by the Secretary; 
and 
(3) consider specific needs and training require-
ments for explosives detection canine teams to be de-
ployed across the Nation’s surface and maritime 
transportation systems, including in venues of mul-
tiple modes of transportation, as the Secretary con-
siders appropriate. 
SEC. 1580. EXPLOSIVE DETECTION TECHNOLOGY. 
The Secretary of Homeland Security shall prioritize 
the research and facilitation of next generation tech-
nologies to detect explosives in the Nation’s surface trans-
portation systems. 
SEC. 1581. STUDY ON SECURITY STANDARDS AND BEST 
PRACTICES FOR UNITED STATES AND FOR-
EIGN 
PASSENGER 
TRANSPORTATION 
SYS-
TEMS. 
(a) IN GENERAL.—The Comptroller General of the 
United States shall conduct a study of how the Transpor-
tation Security Administration— 
(1) identifies and compares— 
(A) United States and foreign passenger 
transportation system security standards; and
343 
(B) best practices for protecting passenger 
transportation systems, including shared ter-
minal facilities, and cyber systems; and 
(2) disseminates to stakeholders the findings 
under paragraph (1). 
(b) REPORT.—Not later than 18 months after the 
date of the enactment of this Act, the Comptroller General 
of the United States shall issue a report that contains— 
(1) the findings of the study conducted under 
subsection (a); and 
(2) any recommendations for improving rel-
evant processes or procedures. 
SEC. 1582. AMTRAK SECURITY UPGRADES. 
(a) RAILROAD SECURITY ASSISTANCE.—Subsection 
(b) of section 1513 of the Implementing Recommendations 
of the 9/11 Commission Act of 2007 (6 U.S.C. 1163) is 
amended— 
(1) in paragraph (1), by inserting before the pe-
riod at the end the following: ‘‘, including commu-
nications interoperability where appropriate with rel-
evant outside agencies and entities’’; 
(2) in paragraph (5), by striking ‘‘security of’’ 
and inserting ‘‘security and preparedness of’’; 
(3) in paragraph (7), by striking ‘‘security 
threats’’ and inserting ‘‘security threats and pre-
344 
paredness, including connectivity to the National 
Terrorist Screening Center’’; and 
(4) in paragraph (9), by striking ‘‘and security 
officers’’ and inserting ‘‘, security, and preparedness 
officers’’. 
(b) SPECIFIC PROJECTS.—Subsection (a)(3) of sec-
tion 1514 of the Implementing Recommendations of the 
9/11 Commission Act of 2007 (6 U.S.C. 1164) is amend-
ed— 
(1) in subparagraph (D) by inserting before the 
semicolon at the end the following: ‘‘, or to connect 
to 
the 
National 
Terrorism 
Screening 
Center 
watchlist’’; 
(2) in subparagraph (G), by striking ‘‘and’’ 
after the semicolon; 
(3) in subparagraph (H) by striking the period 
at the end and inserting a semicolon; and 
(4) by adding at the end the following new sub-
paragraphs: 
‘‘(I) 
for 
improvements 
to 
passenger 
verification systems; 
‘‘(J) for improvements to employee and 
contractor verification systems, including iden-
tity verification technology; or
345 
‘‘(K) for improvements to the security of 
Amtrak computer systems, including cybersecu-
rity assessments and programs.’’. 
SEC. 1583. STUDY ON SURFACE TRANSPORTATION INSPEC-
TORS. 
Not later than 180 days after the date of the enact-
ment of this Act, the Comptroller General of the United 
States shall submit to the appropriate congressional com-
mittees a report that— 
(1) identifies any duplication or redundancy be-
tween the Transportation Security Administration 
and the Department of Transportation relating to 
surface transportation security inspections or over-
sight; and 
(2) provides recommendations, if any, relating 
to— 
(A) improvements to the surface transpor-
tation security inspectors program, including— 
(i) changes in organizational and su-
pervisory structures; 
(ii) coordination procedures to en-
hance consistency; and 
(iii) effectiveness in inspection and 
compliance activities; and
346 
(B) whether each transportation mode 
needs inspectors trained and qualified for each 
such specific mode. 
SEC. 1584. SECURITY AWARENESS PROGRAM. 
(a) ESTABLISHMENT.—The Administrator of the 
Transportation Security Administration shall establish a 
program to promote surface transportation security 
through the training of surface transportation operators 
and frontline employees on each of the skills identified in 
subsection (c). 
(b) APPLICATION.—The program established under 
subsection (a) shall apply to all modes of surface transpor-
tation, including public transportation, rail, highway, 
motor carrier, and pipeline. 
(c) TRAINING.—The program established under sub-
section (a) shall cover, at a minimum, the skills necessary 
to observe, assess, and respond to suspicious items or ac-
tions that could indicate a threat to transportation. 
(d) ASSESSMENT.— 
(1) IN
GENERAL.—The Administrator of the 
Transportation Security Administration shall con-
duct an assessment of current training programs for 
surface transportation operators and frontline em-
ployees.
347 
(2) CONTENTS.—The assessment under para-
graph (1) shall identify— 
(A) whether other training is being pro-
vided, either voluntarily or in response to other 
Federal requirements; and 
(B) whether there are any gaps in existing 
training. 
(e) UPDATES.—The Administrator of the Transpor-
tation Security Administration shall ensure the program 
established under subsection (a) is updated as necessary 
to address changes in risk and terrorist methods and to 
close any gaps identified in the assessment under sub-
section (d). 
(f) SUSPICIOUS ACTIVITY REPORTING.— 
(1) IN GENERAL.—The Secretary of Homeland 
Security shall ensure there exists a national mecha-
nism for an individual to use to report to the De-
partment of Homeland Security suspicious activity 
in transportation systems. 
(2) PROCEDURES.—The Secretary of Homeland 
Security shall establish procedures for the Depart-
ment of Homeland Security— 
(A) to review and follow-up, as necessary, 
on each report received under paragraph (1); 
and
348 
(B) to share, as necessary and in accord-
ance with law, such reports with appropriate 
Federal, State, local, and tribal entities. 
(3) RULE OF CONSTRUCTION.—Nothing in this 
section may be construed to— 
(A) replace or affect in any way the use of 
9-1-1 services in an emergency; or 
(B) replace or affect in any way the secu-
rity training program requirements specified in 
sections 1408, 1517, and 1534 of the Imple-
menting Recommendations of the 9/11 Commis-
sion Act of 2007 (6 U.S.C. 1137, 1167, and 
1184; Public Law 110–53). 
(g) FRONTLINE EMPLOYEE DEFINED.—In this sec-
tion, the term ‘‘frontline employee’’ includes— 
(1) an employee of a public transportation 
agency who is a transit vehicle driver or operator, 
dispatcher, maintenance and maintenance support 
employee, station attendant, customer service em-
ployee, security employee, or transit police, or any 
other employee who has direct contact with riders on 
a regular basis, and any other employee of a public 
transportation agency that the Administrator of the 
Transportation Security Administration determines
349 
should receive security training under this section or 
who is receiving security training under other law; 
(2) over-the-road bus drivers, security per-
sonnel, dispatchers, maintenance and maintenance 
support personnel, ticket agents, other terminal em-
ployees, and other employees of an over-the-road bus 
operator or terminal owner or operator who the Ad-
ministrator determines should receive security train-
ing under this section or who is receiving security 
training under other law; or 
(3) security personnel, dispatchers, locomotive 
engineers, conductors, trainmen, other onboard em-
ployees, maintenance and maintenance support per-
sonnel, bridge tenders, and any other employees of 
railroad carriers who the Administrator determines 
should receive security training under this section or 
who is receiving security training under other law. 
SEC. 1585. VOLUNTARY USE OF CREDENTIALING. 
(a) IN GENERAL.—An individual who is subject to 
credentialing or a background investigation under section 
5103a of title 49, United States Code, may satisfy such 
requirement by obtaining a valid transportation security 
card issued under section 70105 of title 46, United States 
Code.
350 
(b) FEES.—The Secretary of Homeland Security may 
charge reasonable fees, in accordance with section 520(a) 
of the Department of Homeland Security Appropriations 
Act, 2004 (6 U.S.C. 469(a)), for providing the necessary 
credentialing and background investigation under this sec-
tion. 
(c) DEFINITIONS.—In this section: 
(1) 
INDIVIDUAL
WHO
IS
SUBJECT
TO 
CREDENTIALING
OR
A
BACKGROUND
INVESTIGA-
TION.—The term ‘‘individual who is subject to 
credentialing or a background investigation’’ means 
an individual who— 
(A) because of employment is regulated by 
the Transportation Security Administration, 
Department of Transportation, or Coast Guard 
and is required to have a background records 
check to obtain a hazardous materials endorse-
ment on a commercial driver’s license issued by 
a State under section 5103a of title 49, United 
States Code; or 
(B) is required to have a credential and 
background 
records 
check 
under 
section 
2102(d)(2) of the Homeland Security Act of 
2002 (6 U.S.C. 622(d)(2)) at a facility with ac-
tivities that are regulated by the Transportation
351 
Security Administration, Department of Trans-
portation, or Coast Guard. 
(2) VALID
TRANSPORTATION
SECURITY
CARD 
ISSUED UNDER SECTION 70105 OF TITLE 46, UNITED 
STATES CODE.—The term ‘‘valid transportation se-
curity card issued under section 70105 of title 46, 
United States Code’’ means a transportation secu-
rity card issued under section 70105 of title 46, 
United States Code, that is— 
(A) not expired; 
(B) shows no signs of tampering; and 
(C) bears a photograph of the individual 
representing such card. 
SEC. 1586. BACKGROUND RECORDS CHECKS FOR ISSUANCE 
OF HAZMAT LICENSES. 
(a) ISSUANCE OF LICENSES.—Paragraph (1) of sec-
tion 5103a(a) of title 49, United States Code, is amend-
ed— 
(1) by striking ‘‘unless’’ and inserting ‘‘un-
less—’’; 
(2) by striking ‘‘the Secretary of Homeland Se-
curity’’ and inserting the following: 
‘‘(A) the Secretary of Homeland Security’’;
352 
(3) in subparagraph (A), as designated pursu-
ant to paragraph (2) of this subsection, by striking 
the period at the end and inserting ‘‘; or’’; and 
(4) by adding at the end the following new sub-
paragraph: 
‘‘(B) the individual holds a valid transpor-
tation security card issued under section 70105 
of title 46.’’. 
(b) TRANSPORTATION SECURITY CARD.—Paragraph 
(1) of section 5103a(d) of title 49, United States Code, 
is amended, in the matter preceding subparagraph (A), 
by striking ‘‘described in subsection (a)(1)’’ and inserting 
‘‘under subsection (a)(1)(A)’’. 
SEC. 1587. RECURRENT VETTING FOR SURFACE TRANSPOR-
TATION CREDENTIAL-HOLDERS. 
Section 70105 of title 46, United States Code, is 
amended by adding at the end the following new sub-
section: 
‘‘(r) RECURRENT VETTING.— 
‘‘(1) IN GENERAL.—Not later than 180 days 
after the date of the enactment of this subsection, 
the Secretary shall develop and implement a plan to 
utilize the Federal Bureau of Investigation’s Rap 
Back Service in order to establish recurrent vetting
353 
capabilities for individuals holding valid transpor-
tation security cards under this section. 
‘‘(2) EXEMPTION.—Individuals holding valid 
transportation security cards under this section who 
are subject to recurrent vetting under the plan to 
utilize the Rap Back Service referred to in para-
graph (1) shall be exempt from any recurrent deter-
minations or background checks under this section 
to which such individuals would otherwise be subject 
every five years in the absence of such utilization.’’. 
SEC. 1588. PIPELINE SECURITY STUDY. 
(a) STUDY.—The Comptroller General of the United 
States shall conduct a study regarding the roles and re-
sponsibilities of the Department of Homeland Security 
and the Department of Transportation with respect to 
pipeline security. Such study shall address whether— 
(1) the Annex to the Memorandum of Under-
standing executed on August 9, 2006, between the 
Department of Homeland Security and the Depart-
ment of Transportation adequately delineates stra-
tegic and operational responsibilities for pipeline se-
curity, including whether it is clear which depart-
ment is responsible for— 
(A) protecting against intentional pipeline 
breaches and cyber attacks;
354 
(B) responding to intentional pipeline 
breaches and cyber attacks; and 
(C) planning to recover from the impact of 
intentional pipeline breaches and cyber attacks; 
(2) the respective roles and responsibilities of 
each department are adequately conveyed to relevant 
stakeholders and to the public; and 
(3) the processes and procedures for deter-
mining whether a particular pipeline breach is a ter-
rorist incident are clear and effective. 
(b) REPORT ON STUDY.—Not later than 180 days 
after the date of the enactment of this section, the Comp-
troller General of the United States shall submit to the 
Secretary of Homeland Security and the Committee on 
Homeland Security and the Committee on Transportation 
and Infrastructure of the House of Representatives and 
the Committee on Commerce, Science, and Transportation 
of the Senate a report containing the findings of the study 
conducted under subsection (a). 
(c) REPORT TO CONGRESS.—Not later than 90 days 
after the submission of the report under subsection (b), 
the Secretary of Homeland Security shall review and ana-
lyze the study and submit to the Committee on Homeland 
Security and the Committee on Transportation and Infra-
structure of the House of Representatives and the Com-
355 
mittee on Commerce, Science, and Transportation of the 
Senate a report on such review and analysis, including any 
recommendations for— 
(1) changes to the Annex to the Memorandum 
of Understanding referred to in subsection (a)(1); 
and 
(2) other improvements to pipeline security ac-
tivities at the Department. 
Subtitle 
H—Security 
Enhance-
ments in Public Areas of Trans-
portation Facilities 
SEC. 1591. WORKING GROUP. 
(a) IN GENERAL.—The Secretary of Homeland Secu-
rity may establish a working group to promote collabo-
rative engagement between the Department of Homeland 
Security and public and private stakeholders to develop 
non-binding recommendations for enhancing the security 
in public areas of transportation facilities. 
(b) ANNUAL REPORT.—If the Secretary of Homeland 
Security establishes a working group pursuant to sub-
section (a), not later than one year after such establish-
ment and annually thereafter for five years, the Secretary 
shall report on the working group’s organization, partici-
pation, activities, findings, and non-binding recommenda-
tions for the immediately preceding 12 month period. The
356 
Secretary may publish a public version describing the 
working group’s activities and such related matters as 
would be informative to the public, consistent with section 
552(b) of title 5, United States Code. 
(c) INAPPLICABILITY OF THE FEDERAL ADVISORY 
COMMITTEE ACT.—The Federal Advisory Committee Act 
(5 U.S.C. App.) shall not apply to the working group or 
any subsidiary thereof. 
SEC. 1592. TECHNICAL ASSISTANCE; VULNERABILITY AS-
SESSMENT TOOLS. 
(a) IN GENERAL.—The Secretary of Homeland Secu-
rity shall— 
(1) inform public and private sector stake-
holders regarding the availability of Department of 
Homeland Security technical assistance, including 
vulnerability assessment tools, to help enhance the 
security in public areas of transportation facilities; 
and 
(2) subject to availability of appropriations, 
provide such technical assistance, upon request, to 
such a stakeholder. 
(b) BEST PRACTICES.—Not later than one year after 
the date of the enactment of this Act, the Secretary of 
Homeland Security shall publish and widely disseminate 
best practices for protecting and enhancing the resilience
357 
of public areas of transportation facilities, including asso-
ciated frameworks or templates for implementation. As 
appropriate, such best practices shall be updated periodi-
cally. 
SEC. 1593. OPERATIONS CENTERS. 
Not later than 120 days after the date of the enact-
ment of this Act, the Administrator of the Transportation 
Security Administration, in consultation with the heads of 
other appropriate offices or components of the Depart-
ment of Homeland Security, shall make available to public 
and private stakeholders a framework for establishing an 
operations center within a transportation facility to pro-
mote interagency response and coordination. 
SEC. 1594. REVIEW OF REGULATIONS. 
(a) REVIEW.—Not later than one year after the date 
of the enactment of this Act, the Administrator of the 
Transportation Security Administration shall submit to 
the Committee on Homeland Security of the House and 
the Committee on Commerce, Science, and Transportation 
of the Senate a report that includes a review of regula-
tions, directives, policies, and procedures issued by the Ad-
ministrator regarding the transportation of a firearm and 
ammunition by an aircraft passenger, and, as appropriate, 
information on plans to modify any such regulation, direc-
tive, policy, or procedure based on such review.
358 
(b) CONSULTATION.—In preparing the report re-
quired under subsection (a), the Administrator of the 
Transportation Security Administration shall consult with 
the Aviation Security Advisory Committee (established 
pursuant to section 44946 of title 49, United States Code) 
and appropriate public and private sector stakeholders. 
SEC. 1595. DEFINITION. 
In this subtitle, the term ‘‘public and private sector 
stakeholders’’ has the meaning given such term in section 
114(u)(1)(C) of title 49, United States Code. 
TITLE 
VI—EMERGENCY 
PRE-
PAREDNESS, RESPONSE, AND 
COMMUNICATIONS 
Subtitle A—Grants, Training, 
Exercises, and Coordination 
SEC. 1601. URBAN AREA SECURITY INITIATIVE. 
Section 2003 of the Homeland Security Act of 2002 
(6 U.S.C. 604) is amended— 
(1) in subsection (b)(2)(A), in the matter pre-
ceding clause (i), by inserting ‘‘, using the most up- 
to-date data available,’’ after ‘‘assessment’’; 
(2) in subsection (d)(2), by amending subpara-
graph (B) to read as follows: 
‘‘(B) FUNDS RETAINED.—To ensure trans-
parency and avoid duplication, a State shall
359 
provide each relevant high-risk urban area with 
a detailed accounting of the items, services, or 
activities on which any funds retained by the 
State under subparagraph (A) are to be ex-
pended. Such accounting shall be provided not 
later than 90 days after the date of which such 
funds are retained.’’; and 
(3) by striking subsection (e) and inserting the 
following new subsections: 
‘‘(e) THREAT AND HAZARD IDENTIFICATION RISK 
ASSESSMENT AND CAPABILITY ASSESSMENT.—As a con-
dition of receiving a grant under this section, each high- 
risk urban area shall submit to the Administrator a threat 
and hazard identification and risk assessment and capa-
bility assessment— 
‘‘(1) at such time and in such form as is re-
quired by the Administrator; and 
‘‘(2) consistent with the Federal Emergency 
Management Agency’s Comprehensive Preparedness 
Guide 201, Second Edition, or such successor docu-
ment or guidance as is issued by the Administrator. 
‘‘(f) PERIOD OF PERFORMANCE.—The Administrator 
shall make funds provided under this section available for 
use by a recipient of a grant for a period of not less than 
36 months.
360 
‘‘(g) AUTHORIZATION OF APPROPRIATIONS.—There 
is authorized to be appropriated for grants under this sec-
tion $800,000,000 for each of fiscal years 2018 through 
2022.’’. 
SEC. 1602. STATE HOMELAND SECURITY GRANT PROGRAM. 
Section 2004 of the Homeland Security Act of 2002 
(6 U.S.C. 605) is amended by striking subsection (f) and 
inserting the following new subsections: 
‘‘(f) THREAT
AND HAZARD IDENTIFICATION
AND 
RISK ASSESSMENT AND CAPABILITY ASSESSMENT.— 
‘‘(1) IN GENERAL.—As a condition of receiving 
a grant under this section, each State shall submit 
to the Administrator a threat and hazard identifica-
tion and risk assessment and capability assess-
ment— 
‘‘(A) at such time and in such form as is 
required by the Administrator; and 
‘‘(B) consistent with the Federal Emer-
gency Management Agency’s Comprehensive 
Preparedness Guide 201, Second Edition, or 
such successor document or guidance as is 
issued by the Administrator. 
‘‘(2) 
COLLABORATION.—In 
developing 
the 
threat and hazard identification and risk assessment 
under paragraph (1), a State shall solicit input from
361 
local and tribal governments, including first respond-
ers, and, as appropriate, non-governmental and pri-
vate sector stakeholders. 
‘‘(3) FIRST
RESPONDERS
DEFINED.—In this 
subsection, the term ‘first responders’ includes rep-
resentatives of local governmental and nongovern-
mental fire, law enforcement, emergency manage-
ment, and emergency medical personnel. 
‘‘(g) PERIOD
OF PERFORMANCE.—The Adminis-
trator shall make funds provided under this section avail-
able for use by a recipient of a grant for a period of not 
less than 36 months. 
‘‘(h) AUTHORIZATION OF APPROPRIATIONS.—There 
is authorized to be appropriated for grants under this sec-
tion $600,000,000 for each of fiscal years 2018 through 
2022.’’. 
SEC. 1603. GRANTS TO DIRECTLY ELIGIBLE TRIBES. 
Section 2005 of the Homeland Security Act of 2002 
(6 U.S.C. 606) is amended by— 
(1) redesignating subsections (h) through (k) as 
subsections (i) through (l), respectively; and 
(2) inserting after subsection (g) the following 
new subsection: 
‘‘(h) PERIOD
OF PERFORMANCE.—The Secretary 
shall make funds provided under this section available for
362 
use by a recipient of a grant for a period of not less than 
36 months.’’. 
SEC. 1604. LAW ENFORCEMENT TERRORISM PREVENTION. 
(a) LAW ENFORCEMENT TERRORISM PREVENTION 
PROGRAM.—Subsection (a) of section 2006 of the Home-
land Security Act of 2002 (6 U.S.C. 607) is amended— 
(1) in paragraph (1)— 
(A) by inserting ‘‘States and high-risk 
urban areas expend’’ after ‘‘that’’; and 
(B) by striking ‘‘is used’’; 
(2) in paragraph (2), by amending subpara-
graph (I) to read as follows: 
‘‘(I) activities as determined appropriate 
by the Administrator, in coordination with the 
Assistant Secretary for State and Local Law 
Enforcement within the Office of Partnership 
and Engagement of the Department, through 
outreach to relevant stakeholder organizations; 
and’’; and 
(3) by adding at the end the following new 
paragraph: 
‘‘(4) ANNUAL REPORT.—The Administrator, in 
coordination with the Assistant Secretary for State 
and Local Law Enforcement, shall report annually 
from fiscal year 2018 through fiscal year 2022 on
363 
the use of grants under sections 2003 and 2004 for 
law enforcement terrorism prevention activities au-
thorized under this section, including the percentage 
and dollar amount of funds used for such activities 
and the types of projects funded.’’. 
(b) OFFICE FOR STATE AND LOCAL LAW ENFORCE-
MENT.—Subsection (b) section 2006 of the Homeland Se-
curity Act of 2002 (6 U.S.C. 607) is amended— 
(1) in paragraph (1), by striking ‘‘Policy Direc-
torate’’ and inserting ‘‘Office of Partnership and 
Engagement’’ 
(2) in paragraph (4)— 
(A) in subparagraph (B), by inserting ‘‘, 
including through consultation with such agen-
cies regarding Department programs that may 
impact such agencies’’ before the semicolon at 
the end; and 
(B) in subparagraph (D), by striking ‘‘en-
sure’’ and inserting ‘‘certify’’. 
SEC. 1605. PRIORITIZATION. 
(a) IN GENERAL.—Subsection (a) of section 2007 of 
the Homeland Security Act of 2002 (6 U.S.C. 608) is 
amended— 
(1) in paragraph (1)—
364 
(A) by amending subparagraph (A) to read 
as follows: 
‘‘(A) its population, including consideration 
of domestic and international tourists, com-
muters, and military populations, including 
military populations residing in communities 
outside military installations;’’; 
(B) in subparagraph (E), by inserting ‘‘, 
including threat information from other rel-
evant Federal agencies and field offices, as ap-
propriate’’ before the semicolon at the end; and 
(C) in subparagraph (I), by striking ‘‘tar-
get’’ and inserting ‘‘core’’; and 
(2) in paragraph (2), by striking ‘‘target’’ and 
inserting ‘‘core’’. 
(b) REVIEW.—Not later than 90 days after the date 
of the enactment of this Act, the Secretary of Homeland 
Security, through the Administrator of the Federal Emer-
gency Management Agency, shall review and report to the 
Committee on Homeland Security and the Committee on 
Appropriations of the House of Representatives and the 
Committee on Homeland Security and Governmental Af-
fairs and the Committee on Appropriations of the Senate 
on the risk formula and methodology used to award grants 
under sections 2003 and 2004 of the Homeland Security
365 
Act of 2002 (6 U.S.C. 604 and 605), including a discus-
sion of any necessary changes to such formula to ensure 
grant awards are appropriately based on risk. 
(c) COMPTROLLER GENERAL REVIEW.—Not later 
than 180 days after the date of enactment of this Act, 
the Comptroller General of the United States shall review 
and assess the risk formula and methodology used to 
award grants under sections 2003 and 2004 of the Home-
land Security Act of 2002, including— 
(1) the process utilized by the Department of 
Homeland Security to gather threat information for 
each potential State and high-risk urban area; 
(2) the extent to which such risk formula and 
methodology considers the factors specified in sec-
tion 2007 of the Homeland Security Act of 2002 (6 
U.S.C. 608), in particular— 
(A) the extent to which the jurisdiction has 
unmet core capabilities due to resource con-
straints; 
(B) the degree to which a jurisdiction has 
been able to address capability gaps with pre-
vious grant awards; and 
(C) in the case of a high-risk urban area, 
the extent to which such high-risk urban area 
includes—
366 
(i) incorporated municipalities, coun-
ties, parishes, and Indian tribes within the 
relevant eligible metropolitan area the in-
clusion of which will enhance regional ef-
forts to prevent, prepare for, protect 
against, and respond to acts of terrorism; 
and 
(ii) other local and tribal governments 
in the surrounding area that are likely to 
be called upon to respond to acts of ter-
rorism within the high-risk urban area; 
and 
(3) how grant award amounts are determined. 
SEC. 1606. ALLOWABLE USES. 
Section 2008 of the Homeland Security Act of 2002 
(6 U.S.C. 609) is amended— 
(1) in subsection (a)— 
(A) in the matter preceding paragraph (1), 
by striking ‘‘target’’ and inserting ‘‘core’’; 
(B) 
by 
redesignating 
paragraphs 
(6) 
through (14) as paragraphs (8) through (16), 
respectively; 
(C) in paragraph (5), by inserting before 
the semicolon at the end the following: ‘‘, pro-
vided such purchases align with the Statewide
367 
Communication Interoperability Plan and are 
coordinated with the Statewide Interoperability 
Coordinator or Statewide interoperability gov-
ernance body of the State of the recipient’’; and 
(D) by inserting after paragraph (5) the 
following new paragraphs: 
‘‘(6) enhancing medical preparedness, medical 
surge capacity, and mass prophylaxis capabilities, in-
cluding the development and maintenance of an ini-
tial pharmaceutical stockpile, including medical kits 
and diagnostics sufficient to protect first responders, 
their families, immediate victims, and vulnerable 
populations from a chemical or biological event; 
‘‘(7) enhancing cybersecurity, including pre-
paring for and responding to cybersecurity risks and 
incidents (as such terms are defined in section 227) 
and developing statewide cyber threat information 
analysis and dissemination activities;’’; 
(E) in paragraph (8), as so redesignated, 
by striking ‘‘Homeland Security Advisory Sys-
tem’’ and inserting ‘‘National Terrorism Advi-
sory System’’; and 
(F) in paragraph (14), as so redesignated, 
by striking ‘‘3’’ and inserting ‘‘5’’; 
(2) in subsection (b)—
368 
(A) in paragraph (3)(B), by striking 
‘‘(a)(10)’’ and inserting ‘‘(a)(12)’’; and 
(B) in paragraph (4)(B)(i), by striking 
‘‘target’’ and inserting ‘‘core’’; and 
(3) in subsection (c), by striking ‘‘target’’ and 
‘‘core’’. 
SEC. 1607. APPROVAL OF CERTAIN EQUIPMENT. 
(a) IN GENERAL.—Section 2008 of the Homeland 
Security Act of 2002 (6 U.S.C. 609), as amended by this 
Act, is further amended— 
(1) in subsection (f)— 
(A) by striking ‘‘If an applicant’’ and in-
serting the following: 
‘‘(1) APPLICATION REQUIREMENT.—If an appli-
cant’’; and 
(B) by adding at the end the following new 
paragraphs: 
‘‘(2) REVIEW
PROCESS.—The Administrator 
shall implement a uniform process for reviewing ap-
plications that, in accordance with paragraph (1), 
contain explanations to use grants provided under 
section 2003 or 2004 to purchase equipment or sys-
tems that do not meet or exceed any applicable na-
tional voluntary consensus standards developed
369 
under section 647 of the Post-Katrina Emergency 
Management Reform Act of 2006 (6 U.S.C. 747). 
‘‘(3) FACTORS.—In carrying out the review 
process under paragraph (2), the Administrator 
shall consider the following: 
‘‘(A) Current or past use of proposed 
equipment or systems by Federal agencies or 
the Armed Forces. 
‘‘(B) The absence of a national voluntary 
consensus standard for such equipment or sys-
tems. 
‘‘(C) The existence of an international con-
sensus standard for such equipment or systems, 
and whether such equipment or systems meets 
such standard. 
‘‘(D) The nature of the capability gap 
identified by the applicant, and how such equip-
ment or systems will address such gap. 
‘‘(E) The degree to which such equipment 
or systems will serve the needs of the applicant 
better than equipment or systems that meet or 
exceed existing consensus standards. 
‘‘(F) Any other factor determined appro-
priate by the Administrator.’’; and
370 
(2) by adding at the end the following new sub-
section: 
‘‘(g) REVIEW PROCESS.—The Administrator shall 
implement a uniform process for reviewing applications to 
use grants provided under section 2003 or 2004 to pur-
chase equipment or systems not included on the Author-
ized Equipment List maintained by the Administrator.’’. 
(b) INSPECTOR GENERAL REPORT.—Not later than 
three years after the date of the enactment of this Act, 
the Inspector General of the Department of Homeland Se-
curity shall submit to the Committee on Homeland Secu-
rity of the House of Representatives and the Committee 
on Homeland Security and Governmental Affairs of the 
Senate a report assessing the implementation of the review 
process established under paragraph (2) of subsection (f) 
of section 2008 of the Homeland Security Act of 2002 
(as added by subsection (a) of this section), including in-
formation on the following: 
(1) The number of requests to purchase equip-
ment or systems that do not meet or exceed any ap-
plicable consensus standard evaluated under such re-
view process. 
(2) The capability gaps identified by applicants 
and the number of such requests granted or denied.
371 
(3) The processing time for the review of such 
requests. 
SEC. 1608. MEMORANDA OF UNDERSTANDING. 
(a) IN GENERAL.—Subtitle B of title XX of the 
Homeland Security Act of 2002 (6 U.S.C. 611 et seq.) 
is amended by adding at the end the following new section: 
‘‘SEC. 2024. MEMORANDA OF UNDERSTANDING WITH DE-
PARTMENTAL COMPONENTS AND OFFICES. 
‘‘The Administrator shall enter into memoranda of 
understanding with the heads of the following depart-
mental components and offices delineating the roles and 
responsibilities of such components and offices regarding 
the policy and guidance for grants under section 1406 of 
the Implementing Recommendations of the 9/11 Commis-
sion Act of 2007 (6 U.S.C. 1135), sections 2003 and 2004 
of this Act, and section 70107 of title 46, United States 
Code, as appropriate: 
‘‘(1) The Commissioner of U.S. Customs and 
Border Protection. 
‘‘(2) The Administrator of the Transportation 
Security Administration. 
‘‘(3) The Commandant of the Coast Guard. 
‘‘(4) The Under Secretary for Intelligence and 
Analysis.
372 
‘‘(5) The Director of the Office of Emergency 
Communications. 
‘‘(6) The Assistant Secretary for State and 
Local Law Enforcement. 
‘‘(7) The Countering Violent Extremism Coor-
dinator. 
‘‘(8) The Officer for Civil Rights and Civil Lib-
erties. 
‘‘(9) The Chief Medical Officer. 
‘‘(10) The heads of other components or offices 
of the Department, as determined by the Sec-
retary.’’. 
(b) CLERICAL AMENDMENT.—The table of contents 
in section 1(b) of the Homeland Security Act of 2002 is 
amended by inserting after the item relating to section 
2023 the following new item: 
‘‘Sec. 2024. Memoranda of understanding with departmental components and 
offices.’’. 
SEC. 1609. GRANTS METRICS. 
(a) IN GENERAL.—To determine the extent to which 
grants under sections 2003 and 2004 of the Homeland 
Security Act of 2002 (6 U.S.C. 603 and 604) have closed 
capability gaps identified in State Preparedness Reports 
required under subsection (c) of section 652 of the Post- 
Katrina Emergency Management Reform Act of 2006 (6 
U.S.C. 752; title VI of the Department of Homeland Secu-
373 
rity Appropriations Act, 2007; Public Law 109–295) and 
Threat and Hazard Identification and Risk Assessments 
required under subsections (e) and (f) of such sections 
2003 and 2004, respectively, as added by this Act, from 
each State and high-risk urban area, the Administrator 
of the Federal Emergency Management Agency shall con-
duct and submit to the Committee on Homeland Security 
and the Committee on Transportation and Infrastructure 
of the House of Representatives and the Committee on 
Homeland Security and Governmental Affairs of the Sen-
ate an assessment of information provided in such Reports 
and Assessments. 
(b) ASSESSMENT REQUIREMENTS.—The assessment 
required under subsection (a) shall include a comparison 
of successive State Preparedness Reports and Threat and 
Hazard Identification and Risk Assessments that aggre-
gates results across the States and high-risk urban areas. 
SEC. 1610. GRANT MANAGEMENT BEST PRACTICES. 
The Administrator of the Federal Emergency Man-
agement Agency shall include in the annual Notice of 
Funding Opportunity relating to grants under sections 
2003 and 2004 of the Homeland Security Act of 2002 
(6 U.S.C. 604 and 605) an appendix that includes the fol-
lowing:
374 
(1) A summary of findings identified by the Of-
fice of the Inspector General of the Department of 
Homeland Security in audits of such grants and 
methods to address areas identified for improve-
ment, including opportunities for technical assist-
ance. 
(2) Innovative projects and best practices insti-
tuted by grant recipients. 
SEC. 1611. PROHIBITION ON CONSOLIDATION. 
The Secretary of Homeland Security may not imple-
ment the National Preparedness Grant Program or any 
successor consolidated grant program unless the Secretary 
receives prior authorization from Congress permitting 
such implementation. 
SEC. 1612. MAINTENANCE OF GRANT INVESTMENTS. 
Section 2008 of the Homeland Security Act of 2002 
(6 U.S.C. 609), as amended by this Act, is further amend-
ed by adding at the end the following new subsection: 
‘‘(h) MAINTENANCE OF EQUIPMENT.—Any applicant 
for a grant under section 2003 or 2004 seeking to use 
funds to purchase equipment, including pursuant to para-
graphs (3), (4), (5), or (12) of subsection (a) of this sec-
tion, shall by the time of the receipt of such grant develop 
a plan for the maintenance of such equipment over its life-
375 
cycle that includes information identifying which entity is 
responsible for such maintenance.’’. 
SEC. 1613. TRANSIT SECURITY GRANT PROGRAM. 
Section 1406 of the Implementing Recommendations 
of the 9/11 Commission Act of 2007 (6 U.S.C. 1135) is 
amended— 
(1) in subsection (b)(2)(A), by inserting ‘‘and 
associated backfill’’ after ‘‘security training’’; and 
(2) by striking subsection (m) and inserting the 
following new subsections: 
‘‘(m) PERIODS OF PERFORMANCE.— 
‘‘(1) IN GENERAL.—Except as provided in para-
graph (2), funds provided pursuant to a grant 
awarded under this section for a use specified in 
subsection (b) shall remain available for use by a 
grant recipient for a period of not fewer than 36 
months. 
‘‘(2) EXCEPTION.—Funds provided pursuant to 
a grant awarded under this section for a use speci-
fied in subparagraph (M) or (N) of subsection (b)(1) 
shall remain available for use by a grant recipient 
for a period of not fewer than 55 months. 
‘‘(n) AUTHORIZATION OF APPROPRIATIONS.—There 
is authorized to be appropriated for grants under this sec-
376 
tion $200,000,000 for each of fiscal years 2018 through 
2022.’’. 
SEC. 1614. PORT SECURITY GRANT PROGRAM. 
Section 70107 of title 46, United States Code, is 
amended by— 
(1) striking subsection (l); 
(2) redesignating subsection (m) as subsection 
(l); and 
(3) by adding at the end the following new sub-
sections: 
‘‘(n) PERIOD
OF PERFORMANCE.—The Secretary 
shall make funds provided under this section available for 
use by a recipient of a grant for a period of not less than 
36 months. 
‘‘(o) AUTHORIZATION OF APPROPRIATIONS.—There 
is authorized to be appropriated for grants under this sec-
tion $200,000,000 for each of the fiscal years 2018 
through 2022.’’. 
SEC. 1615. CYBER PREPAREDNESS. 
(a) IN GENERAL.—Section 227 of the Homeland Se-
curity Act of 2002 (6 U.S.C. 148) is amended— 
(1) in subsection (c)— 
(A) in paragraph (5)(B), by inserting ‘‘, 
including State, local, and regional fusion cen-
377 
ters, as appropriate’’ before the semicolon at 
the end; 
(B) in paragraph (7), in the matter pre-
ceding subparagraph (A), by striking ‘‘informa-
tion and recommendations’’ each place it ap-
pears and inserting ‘‘information, recommenda-
tions, and best practices’’; and 
(C) in paragraph (9), by inserting ‘‘best 
practices,’’ after ‘‘defensive measures,’’; and 
(2) in subsection (d)(1)(B)(ii), by inserting 
‘‘and State, local, and regional fusion centers, as ap-
propriate’’ before the semicolon at the end. 
(b) SENSE OF CONGRESS.—It is the sense of Con-
gress that to facilitate the timely dissemination to appro-
priate State, local, and private sector stakeholders of 
homeland security information related to cyber threats, 
the Secretary of Homeland Security should, to the great-
est extent practicable, work to share actionable informa-
tion in an unclassified form related to such threats. 
SEC. 1616. MAJOR METROPOLITAN AREA COUNTERTER-
RORISM TRAINING AND EXERCISE GRANT 
PROGRAM. 
(a) IN GENERAL.—Subtitle A of title XX of the 
Homeland Security Act of 2002 (6 U.S.C. 603 et seq.) 
is amended by adding at the end the following new section:
378 
‘‘SEC. 2009. MAJOR METROPOLITAN AREA COUNTERTER-
RORISM TRAINING AND EXERCISE GRANT 
PROGRAM. 
‘‘(a) ESTABLISHMENT.— 
‘‘(1) IN
GENERAL.—The Secretary, acting 
through the Administrator and the heads of other 
relevant components of the Department, shall carry 
out a program to make grants to emergency re-
sponse providers to prevent, prepare for, and re-
spond to emerging terrorist attack scenarios, includ-
ing complex, coordinated terrorist attacks and active 
shooters, as determined by the Secretary, against 
major metropolitan areas. 
‘‘(2) INFORMATION.—In establishing the pro-
gram pursuant to paragraph (1), the Secretary shall 
provide to eligible applicants— 
‘‘(A) information, in an unclassified for-
mat, on emerging terrorist attack scenarios, in-
cluding complex, coordinated terrorist attacks 
and active shooters, which grants under such 
program are intended to address; and 
‘‘(B) information on training and exercises 
best practices. 
‘‘(b) ELIGIBLE APPLICANTS.— 
‘‘(1) IN
GENERAL.—Only jurisdictions that 
have previously received, but are no longer eligible
379 
for, funding under section 2003 may apply for a 
grant under the program established pursuant to 
subsection (a). 
‘‘(2) ADDITIONAL JURISDICTIONS.—Eligible ap-
plicants receiving funding under the program estab-
lished pursuant to subsection (a) may include in ac-
tivities funded by such program neighboring jurisdic-
tions that would be likely to provide mutual aid in 
response to emerging terrorist attack scenarios, in-
cluding complex, coordinated terrorist attacks and 
active shooters. 
‘‘(c) PERMITTED USES.—The recipient of a grant 
under the program established pursuant to subsection (a) 
may use such grant to— 
‘‘(1) identify capability gaps related to pre-
paring for, preventing, and responding to emerging 
terrorist attack scenarios, including complex, coordi-
nated terrorist attacks and active shooters; 
‘‘(2) develop or update plans, annexes, and 
processes to address any capability gaps identified 
pursuant to paragraph (1); 
‘‘(3) conduct training to address such identified 
capability gaps; 
‘‘(4) conduct exercises, including at locations 
such as mass gathering venues, places of worship, or
380 
educational institutions, as appropriate, to validate 
capabilities; 
‘‘(5) pay for backfill associated with personnel 
participating in training and exercises under para-
graphs (3) and (4); and 
‘‘(6) pay for other permitted uses under section 
2008. 
‘‘(d) PERIOD
OF PERFORMANCE.—The Adminis-
trator shall make funds provided under this section avail-
able for use by a recipient of a grant for a period of not 
fewer than 36 months. 
‘‘(e) INFORMATION SHARING.—The Administrator 
shall, to the extent practicable, aggregate, analyze, and 
share with relevant emergency response providers informa-
tion on best practices and lessons learned from— 
‘‘(1) the planning, training, and exercises con-
ducted using grants authorized under the program 
established pursuant to subsection (a); and 
‘‘(2) responses to actual terrorist attacks 
around the world. 
‘‘(f) AUTHORIZATION OF APPROPRIATIONS.—There 
are authorized to be appropriated for grants under this 
section $39,000,000 for each of fiscal years 2018 through 
2022.’’.
381 
(b) CLERICAL AMENDMENT.—The table of contents 
in section 1(b) of the Homeland Security Act of 2002 is 
amended by inserting after the item relating to section 
2008 the following new item: 
‘‘Sec. 2009. Major metropolitan area counterterrorism training and exercise 
grant program.’’. 
SEC. 1617. OPERATION STONEGARDEN. 
(a) IN GENERAL.—Subtitle A of title XX of the 
Homeland Security Act of 2002 (6 U.S.C. 601 et seq.), 
as amended by this Act, is further amended by adding 
at the end the following new section: 
‘‘SEC. 2010. OPERATION STONEGARDEN. 
‘‘(a) ESTABLISHMENT.—There is established in the 
Department a program to be known as ‘Operation 
Stonegarden’. Under such program, the Secretary, acting 
through the Administrator, shall make grants to eligible 
law enforcement agencies, through the State Administra-
tive Agency, to enhance border security in accordance with 
this section. 
‘‘(b) ELIGIBLE RECIPIENTS.—To be eligible to re-
ceive a grant under this section, a law enforcement agency 
shall— 
‘‘(1) be located in— 
‘‘(A) a State bordering either Canada or 
Mexico; or
382 
‘‘(B) a State or territory with a maritime 
border; and 
‘‘(2) be involved in an active, ongoing U.S. Cus-
toms and Border Protection operation coordinated 
through a sector office. 
‘‘(c) PERMITTED USES.—The recipient of a grant 
under this section may use such grant for any of the fol-
lowing: 
‘‘(1) Equipment, including maintenance and 
sustainment costs. 
‘‘(2) Personnel, including overtime and backfill, 
in support of enhanced border law enforcement ac-
tivities. 
‘‘(3) Any activity permitted for Operation 
Stonegarden under the Department of Homeland 
Security’s Fiscal Year 2016 Homeland Security 
Grant Program Notice of Funding Opportunity. 
‘‘(4) Any other appropriate activity, as deter-
mined by the Administrator, in consultation with the 
Commissioner of U.S. Customs and Border Protec-
tion. 
‘‘(d) PERIOD
OF PERFORMANCE.—The Secretary 
shall make funds provided under this section available for 
use by a recipient of a grant for a period of not less than 
36 months.
383 
‘‘(d) AUTHORIZATION OF APPROPRIATIONS.—There 
is authorized to be appropriated $110,000,000 for each 
of fiscal years 2018 through 2022 for grants under this 
section. 
‘‘(e) REPORT.—The Administrator shall annually for 
each of the fiscal years specified in subsection (d) submit 
to the Committee on Homeland Security of the House of 
Representatives and the Committee on Homeland Security 
and Governmental Affairs of the Senate a report con-
taining information on the expenditure of grants made 
under this section by each grant recipient.’’. 
(b) CLERICAL AMENDMENT.—The table of contents 
in section 1(b) of the Homeland Security Act of 2002, as 
amended by this Act, is further amended by inserting after 
the item relating to section 2009 the following new item: 
‘‘Sec. 2010. Operation Stonegarden.’’. 
SEC. 1618. NON-PROFIT SECURITY GRANT PROGRAM. 
(a) IN GENERAL.—Subtitle A of title XX of the 
Homeland Security Act of 2002 (6 U.S.C. 601 et seq.), 
as amended by this Act, is further amended by adding 
at the end the following new section: 
‘‘SEC. 2011. NON-PROFIT SECURITY GRANT PROGRAM. 
‘‘(a) ESTABLISHMENT.—There is established in the 
Department a program to be known as the ‘Non-Profit 
Security Grant Program’ (in this section referred to as 
the ‘Program’). Under the Program, the Secretary, acting
385 
‘‘(d) PERIOD
OF PERFORMANCE.—The Adminis-
trator shall make funds provided under this section avail-
able for use by a recipient of a grant for a period of not 
less than 36 months. 
‘‘(e) REPORT.—The Administrator shall annually for 
each of fiscal years 2018 through 2022 submit to the 
Committee on Homeland Security of the House of Rep-
resentatives and the Committee on Homeland Security 
and Governmental Affairs of the Senate a report con-
taining information on the expenditure by each grant re-
cipient of grant funds made under this section. 
‘‘(f) AUTHORIZATION OF APPROPRIATIONS.— 
‘‘(1) IN GENERAL.—There is authorized to be 
appropriated $50,000,000 for each of fiscal years 
2018 through 2022 to carry out this section. 
‘‘(2) SPECIFICATION.—Of the amounts author-
ized to be appropriated pursuant to paragraph (1)— 
‘‘(A) $35,000,000 is authorized for eligible 
recipients located in jurisdictions that receive 
funding under section 2003; and 
‘‘(B) $15,000,000 is authorized for eligible 
recipients in jurisdictions not receiving funding 
under section 2003.’’. 
(b) CONFORMING AMENDMENT.—Subsection (a) of 
section 2002 of the Homeland Security Act of 2002 (6
386 
U.S.C. 603) is amended by striking ‘‘sections 2003 and 
2004’’ and inserting ‘‘sections 2003, 2004, and 2011’’. 
(c) CLERICAL AMENDMENT.—The table of contents 
in section 1(b) of the Homeland Security Act of 2002 is 
amended by inserting after the item relating to section 
2008 the following new item: 
‘‘Sec. 2011. Non-Profit Security Grant Program.’’. 
SEC. 1619. STUDY OF THE USE OF GRANT FUNDS FOR CY-
BERSECURITY. 
Not later than 120 days after the enactment of this 
section, the Administrator, in consultation with relevant 
components of the Department, shall conduct a study on 
the use of grant funds awarded pursuant to section 2003 
and section 2004 of the Homeland Security Act of 2002 
(6 U.S.C. 604 and 605), including information on the fol-
lowing: 
(1) The amount of grant funds invested or obli-
gated annually during fiscal years 2006 through 
2016 to support efforts to prepare for and respond 
to cybersecurity risks and incidents (as such terms 
are defined in section 227 of such Act (6 U.S.C. 
148). 
(2) The degree to which grantees identify cyber-
security as a capability gap in the Threat and Haz-
ard Identification and Risk Assessment carried out
387 
pursuant to the amendment made by sections 601 
and 602 of this title. 
(3) Obstacles and challenges related to using 
grant funds to improve cybersecurity. 
(4) Plans for future efforts to encourage grant-
ees to use grant funds to improve cybersecurity ca-
pabilities. 
Subtitle B—Communications 
SEC. 1631. OFFICE OF EMERGENCY COMMUNICATIONS. 
The Secretary of Homeland Security may not change 
the location or reporting structure of the Office of Emer-
gency Communications of the Department of Homeland 
Security unless the Secretary receives prior authorization 
from the Committee on Homeland Security of the House 
of Representatives and the Committee on Homeland Secu-
rity and Governmental Affairs of the Senate permitting 
such change. 
SEC. 1632. RESPONSIBILITIES OF OFFICE OF EMERGENCY 
COMMUNICATIONS DIRECTOR. 
(a) IN GENERAL.—Subsection (c) of section 1801 of 
the Homeland Security Act of 2002 (6 U.S.C. 571) is 
amended— 
(1) by striking paragraph (3); 
(2) by redesignating paragraphs (4) through 
(15) as paragraphs (3) through (14), respectively;
388 
(3) in paragraph (8), as so redesignated, by 
striking ‘‘, in cooperation with the National Commu-
nications System,’’; 
(4) in paragraph (12) by striking ‘‘Assistant 
Secretary for Grants and Training’’ and inserting 
‘‘Administrator of the Federal Emergency Manage-
ment Agency’’; 
(5) in paragraph (13), as so redesignated, by 
striking ‘‘and’’ at the end; 
(6) in paragraph (14), as so redesignated, by 
striking the period at the end and inserting a semi-
colon; and 
(7) by adding at the end the following new 
paragraphs: 
‘‘(15) administer the Government Emergency 
Telecommunications Service (GETS) and Wireless 
Priority Service (WPS) programs, or successor pro-
grams; and 
‘‘(16) assess the impact of emerging tech-
nologies on interoperable emergency communica-
tions.’’. 
(b) PERFORMANCE OF PREVIOUSLY TRANSFERRED 
FUNCTIONS.—Subsection (d) of section 1801 of the 
Homeland Security Act of 2002 is amended by— 
(1) striking paragraph (2); and
389 
(2) redesignating paragraph (3) as paragraph 
(2). 
SEC. 1633. ANNUAL REPORTING ON ACTIVITIES OF THE OF-
FICE OF EMERGENCY COMMUNICATIONS. 
Subsection (f) of section 1801 of the Homeland Secu-
rity Act of 2002 (6 U.S.C. 571) is amended to read as 
follows: 
‘‘(f) ANNUAL REPORTING OF OFFICE ACTIVITIES.— 
The Director of the Office of Emergency Communications 
shall, not later than one year after the date of the enact-
ment of this subsection and annually thereafter for each 
of the next four years, report to the Committee on Home-
land Security and the Committee on Energy and Com-
merce of the House of Representatives and the Committee 
on Homeland Security and Governmental Affairs of the 
Senate on the activities and programs of the Office, in-
cluding specific information on efforts to carry out para-
graphs (4), (5), and (6) of subsection (c).’’. 
SEC. 
1634. 
NATIONAL 
EMERGENCY 
COMMUNICATIONS 
PLAN. 
Section 1802 of the Homeland Security Act of 2002 
(6 U.S.C. 572) is amended— 
(1) in subsection (a), in the matter preceding 
paragraph (1)—
390 
(A) by striking ‘‘, and in cooperation with 
the Department of National Communications 
System (as appropriate),’’; and 
(B) by inserting ‘‘, but not less than once 
every five years,’’ after ‘‘periodically’’; and 
(2) in subsection (c)— 
(A) 
by 
redesignating 
paragraphs 
(3) 
through (10) as paragraphs (4) through (11), 
respectively; and 
(B) by inserting after paragraph (2) the 
following new paragraph: 
‘‘(3) consider the impact of emerging tech-
nologies on the attainment of interoperable emer-
gency communications;’’. 
SEC. 1635. TECHNICAL EDIT. 
Paragraph (1) of section 1804(b) of the Homeland 
Security Act of 2002 (6 U.S.C. 574(b)), in the matter pre-
ceding subparagraph (A), by striking ‘‘Assistant Secretary 
for Grants and Planning’’ and inserting ‘‘Administrator 
of the Federal Emergency Management Agency’’. 
SEC. 1636. PUBLIC SAFETY BROADBAND NETWORK. 
The Undersecretary of the National Protection and 
Programs Directorate of the Department of Homeland Se-
curity shall provide to the Committee on Homeland Secu-
rity and the Committee on Energy and Commerce of the
391 
House of Representatives and the Committee on Home-
land Security and Governmental Affairs of the Senate in-
formation on the Department of Homeland Security’s re-
sponsibilities related to the development of the nationwide 
Public Safety Broadband Network authorized in section 
6202 of the Middle Class Tax Relief and Job Creation 
Act of 2012 (47 U.S.C. 1422; Public Law 112–96), in-
cluding information on efforts by the Department to work 
with the First Responder Network Authority of the De-
partment of Commerce to identify and address cyber risks 
that could impact the near term or long term availability 
and operations of such network and recommendations to 
mitigate such risks. 
SEC. 1637. COMMUNICATIONS TRAINING. 
The Under Secretary for Management of the Depart-
ment of Homeland Security, in coordination with the ap-
propriate component heads, shall develop a mechanism, 
consistent with the strategy required pursuant to section 
4 of the Department of Homeland Security Interoperable 
Communications Act (Public Law 114–29; 6 U.S.C. 194 
note), to verify that radio users within the Department 
receive initial and ongoing training on the use of the radio 
systems of such components, including interagency radio 
use protocols.
392 
Subtitle C—Medical Preparedness 
SEC. 1641. CHIEF MEDICAL OFFICER. 
Section 516 of the Homeland Security Act of 2002 
(6 U.S.C. 321e) is amended— 
(1) in subsection (c)— 
(A) in the matter preceding paragraph (1), 
by inserting ‘‘and shall establish medical and 
human, animal, and occupational health expo-
sure policy, guidance, strategies, and initia-
tives,’’ before ‘‘including—’’; 
(B) in paragraph (1), by inserting before 
the semicolon at the end the following: ‘‘, in-
cluding advice on how to prepare for, protect 
against, respond to, recover from, and mitigate 
against the medical effects of terrorist attacks 
or other high consequence events utilizing 
chemical, biological, radiological, or nuclear 
agents or explosives’’; 
(C) in paragraph (2), by inserting before 
the semicolon at the end the following: ‘‘, in-
cluding coordinating the Department’s policy, 
strategy and preparedness for pandemics and 
emerging infectious diseases’’; 
(D) in paragraph (5), by inserting ‘‘emer-
gency medical services and medical first re-
393 
sponder stakeholders,’’ after ‘‘the medical com-
munity,’’; 
(E) in paragraph (6), by striking ‘‘and’’ at 
the end; 
(F) in paragraph (7), by striking the pe-
riod and inserting a semicolon; and 
(G) by adding at the end the following new 
paragraphs: 
‘‘(8) ensuring that the workforce of the Depart-
ment has evidence-based policy, standards, require-
ments, and metrics for occupational health and oper-
ational medicine programs; 
‘‘(9) directing and maintaining a coordinated 
system for medical support for the Department’s 
operational activities; 
‘‘(10) providing oversight of the Department’s 
medical programs and providers, including— 
‘‘(A) 
reviewing 
and 
maintaining 
verification of the accreditation of the Depart-
ment’s health provider workforce; 
‘‘(B) developing quality assurance and clin-
ical 
policy, 
requirements, 
standards, 
and 
metrics for all medical and health activities of 
the Department;
394 
‘‘(C) providing oversight of medical records 
systems for employees and individuals in the 
Department’s care and custody; and 
‘‘(D) providing medical direction for emer-
gency medical services activities of the Depart-
ment; and 
‘‘(11) as established under section 528, main-
taining a medical countermeasures stockpile and dis-
pensing system, as necessary, to facilitate personnel 
readiness, and protection for the Department’s em-
ployees and working animals and individuals in the 
Department’s care and custody in the event of a 
chemical, biological, radiological, nuclear, or explo-
sives attack, naturally occurring disease outbreak, or 
pandemic.’’; and 
(2) by adding at the end the following new sub-
section: 
‘‘(d) MEDICAL LIAISONS.—The Chief Medical Officer 
may provide medical liaisons to the components of the De-
partment to provide subject matter expertise on medical 
and public health issues and a direct link to the Chief 
Medical Officer. Such expertise may include the following: 
‘‘(1) Providing guidance on health and medical 
aspects of policy, planning, operations, and work-
force health protection.
395 
‘‘(2) Identifying and resolving component med-
ical issues. 
‘‘(3) Supporting the development and alignment 
of medical and health systems. 
‘‘(4) Identifying common gaps in medical and 
health standards, policy, and guidance, and enter-
prise solutions to bridge such gaps.’’. 
SEC. 1642. MEDICAL COUNTERMEASURES PROGRAM. 
(a) IN GENERAL.—Title V of the Homeland Security 
Act of 2002 (6 U.S.C. 311 et seq.) is amended by adding 
at the end the following new section: 
‘‘SEC. 528. MEDICAL COUNTERMEASURES. 
‘‘(a) IN GENERAL.—The Secretary shall establish a 
medical countermeasures program to facilitate personnel 
readiness, and protection for the Department’s employees 
and working animals and individuals in the Department’s 
care and custody, in the event of a chemical, biological, 
radiological, nuclear, or explosives attack, naturally occur-
ring disease outbreak, or pandemic, and to support De-
partment mission continuity. 
‘‘(b) OVERSIGHT.—The Chief Medical Officer of the 
Department shall provide programmatic oversight of the 
medical countermeasures program established pursuant to 
subsection (a), and shall—
396 
‘‘(1) develop Department-wide standards for 
medical countermeasure 
storage, 
security, 
dis-
pensing, and documentation; 
‘‘(2) maintain a stockpile of medical counter-
measures, including antibiotics, antivirals, and radio-
logical countermeasures, as appropriate; 
‘‘(3) preposition appropriate medical counter-
measures in strategic locations nationwide, based on 
threat and employee density, in accordance with ap-
plicable Federal statutes and regulations; 
‘‘(4) provide oversight and guidance on dis-
pensing of stockpiled medical countermeasures; 
‘‘(5) ensure rapid deployment and dispensing of 
medical countermeasures in a chemical, biological, 
radiological, nuclear, or explosives attack, naturally 
occurring disease outbreak, or pandemic; 
‘‘(6) provide training to Department employees 
on medical countermeasure dispensing; and 
‘‘(7) support dispensing exercises. 
‘‘(c) 
MEDICAL
COUNTERMEASURES
WORKING 
GROUP.—The Chief Medical Officer shall establish a med-
ical countermeasures working group comprised of rep-
resentatives from appropriate components and offices of 
the Department to ensure that medical countermeasures 
standards are maintained and guidance is consistent.
397 
‘‘(d) 
MEDICAL
COUNTERMEASURES
MANAGE-
MENT.—Not later than 180 days after the date of the en-
actment of this section, the Chief Medical Officer shall de-
velop and submit to the Secretary an integrated logistics 
support plan for medical countermeasures, including— 
‘‘(1) a methodology for determining the ideal 
types and quantities of medical countermeasures to 
stockpile and how frequently such methodology shall 
be reevaluated; 
‘‘(2) a replenishment plan; and 
‘‘(3) inventory tracking, reporting, and rec-
onciliation procedures for existing stockpiles and 
new medical countermeasure purchases. 
‘‘(e) STOCKPILE ELEMENTS.—In determining the 
types and quantities of medical countermeasures to stock-
pile under subsection (d), the Chief Medical Officer shall 
utilize, if available— 
‘‘(1) Department chemical, biological, radio-
logical, and nuclear risk assessments; and 
‘‘(2) Centers for Disease Control and Preven-
tion guidance on medical countermeasures. 
‘‘(f) REPORT.—Not later than 180 days after the 
date of the enactment of this section, the Chief Medical 
Officer shall report to the Committee on Homeland Secu-
rity of the House of Representatives and the Committee
398 
on Homeland Security and Governmental Affairs of the 
Senate on progress in achieving the requirements of this 
section.’’. 
(b) CLERICAL AMENDMENT.—The table of contents 
in section 1(b) of the Homeland Security Act of 2002 is 
amended by adding after the item relating to section 527 
the following new item: 
‘‘Sec. 528. Medical countermeasures.’’. 
TITLE VII—OTHER MATTERS 
SEC. 1701. DECISION REGARDING CERTAIN EXECUTIVE 
MEMORANDA. 
Not later than 120 days after the date of the enact-
ment of this Act, the Secretary of Homeland Security shall 
review existing Department of Homeland Security policy 
memoranda, including memoranda approved by prior Sec-
retaries that remain in effect, to determine whether such 
memoranda should remain in effect and, if so, whether 
any of such memoranda should be modified. 
SEC. 1702. PERMANENT AUTHORIZATION FOR ASIA-PACIFIC 
ECONOMIC COOPERATION BUSINESS TRAVEL 
CARD PROGRAM. 
Section 2(a) of the Asia-Pacific Economic Coopera-
tion Business Travel Cards Act of 2011 (Public Law 112– 
54; 8 U.S.C. 1185 note) is amended by striking ‘‘During 
the 7-year period ending on September 30, 2018, the Sec-
retary’’ and inserting ‘‘The Secretary’’.
399 
SEC. 1703. AUTHORIZATION OF APPROPRIATIONS FOR OF-
FICE OF INSPECTOR GENERAL. 
There is authorized to be appropriated for the Office 
of the Inspector General of the Department of Homeland 
Security $175,000,000 for each of fiscal years 2018 and 
2019. 
SEC. 1704. CANINE TEAMS. 
The Commissioner of U.S. Customs and Border Pro-
tection may request additional canine teams when there 
is a justified and documented shortage and such additional 
canine teams would be effective for drug detection at the 
border. 
SEC. 1705. TECHNICAL AMENDMENTS TO THE HOMELAND 
SECURITY ACT OF 2002. 
(a) TITLE I.—Section 103 of the Homeland Security 
Act of 2002 (6 U.S.C. 113), as amended by this Act, is 
further amended as follows: 
(1) In subsection (a)(1)— 
(A) in subparagraph (E), by striking ‘‘the 
Bureau of’’ and inserting ‘‘United States’’; and 
(B) by adding at the end the following new 
subparagraph: 
‘‘(L) An Administrator of the Transpor-
tation Security Administration.’’. 
(2) In subsection (d)(5), by striking ‘‘section 
708’’ and inserting ‘‘section 707’’.
400 
(b) TITLE II.—Title II of the Homeland Security Act 
of 2002 (6 U.S.C. 121 et seq.) is amended as follows: 
(1) In section 202 (6 U.S.C. 122)— 
(A) in subsection (c), in the matter pre-
ceding paragraph (1), by striking ‘‘Director of 
Central Intelligence’’ and inserting ‘‘Director of 
National Intelligence’’; and 
(B) in subsection (d)(2), by striking ‘‘Di-
rector of Central Intelligence’’ and inserting 
‘‘Director of National Intelligence’’. 
(2) In section 210E (6 U.S.C. 124l)— 
(A) by striking subsection (e); and 
(B) by redesignating subsection (f) as sub-
section (e). 
(3) In section 223(1)(B) (6 U.S.C. 143(1)(B)), 
by striking ‘‘and’’ after the semicolon at the end. 
(4) In section 225 (6 U.S.C. 145), by striking 
subsections (c) and (d). 
(5) In section 228A(c)(1)(C), by striking ‘‘sec-
tion 707’’ and inserting ‘‘section 706’’. 
(c) TITLE III.—Title III of the Homeland Security 
Act of 2002 (6 U.S.C. 181 et seq.) is amended as follows: 
(1) In section 302 (6 U.S.C. 182), by striking 
‘‘biological,,’’ each places it appears and inserting 
‘‘biological,’’.
401 
(2) By redesignating the second section 319 
(relating to EMP and GMD mitigation research and 
development) as section 320. 
(d) TITLE IV.—Title IV of the Homeland Security 
Act of 2002 (6 U.S.C. 201 et seq.) is amended as follows: 
(1) By redesignating section 402 (6 U.S.C. 
202) as section 401. 
(2) In section 401(4), as so redesignated, by 
striking ‘‘section 428’’ and inserting ‘‘section 426’’. 
(3) By redesignating section 417 as section 
416. 
(4) By redesignating section 427 (6 U.S.C. 
235) as section 425. 
(5) In section 425, as so redesignated, by strik-
ing subsection (c). 
(6) By redesignating section 428 (6 U.S.C. 
236) as section 426. 
(7) In section 426, as so redesignated, in— 
(A) in subsection (e), by striking para-
graphs (7) and (8); 
(B) by striking subsections (g) and (h); 
and 
(C) by redesignating subsection (i) as sub-
section (g).
402 
(8) By redesignating section 429 (6 U.S.C. 
237) as section 427. 
(9) By redesignating section 430 (6 U.S.C. 
238) as section 428. 
(10) By striking section 431 (6 U.S.C. 239). 
(11) By redesignating section 432 (6 U.S.C. 
240) as section 429. 
(12) By redesignating section 433 (6 U.S.C. 
241) as section 430. 
(13) By amending the subtitle D heading to 
read as follows: ‘‘U.S. Immigration and Cus-
toms Enforcement’’. 
(14) By striking section 445 (6 U.S.C. 255). 
(15) By striking section 446 (6 U.S.C. 256). 
(16) In the subtitle E heading, by inserting 
‘‘United States’’ before ‘‘Citizenship and 
Immigration Services’’. 
(17) In section 452 (6 U.S.C. 272)— 
(A) by striking ‘‘the Bureau of’’ each place 
it appears and inserting ‘‘United States’’; and 
(B) in subsection (f), in the subsection 
heading, by striking ‘‘BUREAU OF’’ and insert-
ing ‘‘UNITED STATES’’. 
(18) By striking section 453 (6 U.S.C. 273).
403 
(19) By striking section 455 (6 U.S.C. 271 
note). 
(20) By striking section 456 (6 U.S.C. 275). 
(21) By striking section 459 (6 U.S.C. 276). 
(22) By striking section 460 (6 U.S.C. 277). 
(23) By striking section 461 (6 U.S.C. 278). 
(24) By redesignating section 462 (6 U.S.C. 
279) as section 455. 
(25) In section 455, as so redesignated, in sub-
section (b)(2)(A), in the matter preceding clause 
(i)— 
(A) by striking ‘‘the Bureau of Citizenship 
and 
Immigration 
Services’’ 
and 
inserting 
‘‘United States Citizenship and Immigration 
Services’’; and 
(B) by striking ‘‘Assistant Secretary of the 
Bureau of Border Security’’ and inserting ‘‘Di-
rector of U.S. Immigration and Customs En-
forcement’’. 
(26) By striking section 472 (6 U.S.C. 292). 
(27) By striking section 473 (6 U.S.C. 293). 
(28) By striking section 474 (6 U.S.C. 294). 
(29) By redesignating section 476 (6 U.S.C. 
296) as section 472. 
(30) In section 472, as so redesignated—
404 
(A) by striking ‘‘the Bureau of Citizenship 
and Immigration Services’’ each place it ap-
pears and inserting ‘‘United States Citizenship 
and Immigration Services’’; and 
(B) by striking ‘‘the Bureau of Border Se-
curity’’ each place it appears and inserting 
‘‘U.S. Immigration and Customs Enforcement’’. 
(31) By striking section 477 (6 U.S.C. 297). 
(32) By redesignating section 478 (6 U.S.C. 
298) as section 473. 
(33) In section 473, as so redesignated— 
(A) in the section heading, by inserting 
‘‘ANNUAL
REPORT
ON’’ before ‘‘IMMIGRA-
TION’’; 
(B) by striking subsection (b); and 
(C) in subsection (a)— 
(i) by striking ‘‘REPORT.—’’ and all 
that follows through ‘‘One year’’ and in-
serting ‘‘REPORT.—One year’’; 
(ii) by redesignating paragraph (2) as 
subsection (b) and moving such subsection 
two ems to left; and 
(iii) in subsection (b), as so redesig-
nated—
405 
(I) in the heading, by striking 
‘‘INCLUDED’’ 
and 
inserting 
‘‘IN-
CLUDED’’; and 
(II) by redesignating subpara-
graphs (A) through (H) as para-
graphs (1) through (8), respectively, 
and moving such paragraphs two ems 
to the left. 
(e) TITLE V.—Title V of the Homeland Security Act 
of 2002 (6 U.S.C. 311 et seq.) is amended as follows: 
(1) In section 501 (6 U.S.C. 311)— 
(A) in paragraph (8), by striking ‘‘section 
502(a)(6)’’ and inserting ‘‘section 504(a)(6)’’; 
(B) 
by 
redesignating 
paragraphs 
(9) 
through (14) as paragraphs (10) through (15), 
respectively; and 
(C) by inserting after paragraph (8) the 
following new paragraph: 
‘‘(9) the term ‘Nuclear Incident Response 
Team’ means a resource that includes— 
‘‘(A) those entities of the Department of 
Energy that perform nuclear or radiological 
emergency support functions (including accident 
response, search response, advisory, and tech-
nical operations functions), radiation exposure
406 
functions at the medical assistance facility 
known as the Radiation Emergency Assistance 
Center/Training Site (REAC/TS), radiological 
assistance functions, and related functions; and 
‘‘(B) those entities of the Environmental 
Protection Agency that perform such support 
functions (including radiological emergency re-
sponse functions) and related functions.’’. 
(2) By striking section 502 (6 U.S.C. 312). 
(3) 
In 
section 
504(a)(3)(B) 
(6 
U.S.C. 
314(a)(3)(B)), by striking ‘‘, the National Disaster 
Medical System,’’. 
(4) In section 506(c) (6 U.S.C. 316(c)), by 
striking ‘‘section 708’’ each place it appears and in-
serting ‘‘section 707’’. 
(5) In section 509(c)(2) (6 U.S.C. 319(c)(2)), 
in the matter preceding subparagraph (A), by strik-
ing ‘‘section 708’’ and inserting ‘‘section 707’’. 
(f) TITLE VI.—Section 601 of the Homeland Secu-
rity Act of 2002 (6 U.S.C. 331) is amended by striking 
‘‘Director of Central Intelligence’’ each place it appears 
and inserting ‘‘Director of National Intelligence’’. 
(g) TITLE VII.—Title VII of the Homeland Security 
Act of 2002 (6 U.S.C. 341 et seq.) is amended as follows: 
(1) By striking section 706 (6 U.S.C. 346).
407 
(2) By redesignating section 707 (6 U.S.C. 
347) as section 706. 
(3) By redesignating section 708 as section 
707. 
(4) By redesignating section 709 (relating to 
the Office of Strategy, Policy, and Plans) as section 
708. 
(5) In section 708, as so redesignated, in sub-
section (c)(3), by striking ‘‘section 707’’ and insert-
ing ‘‘section 706’’. 
(h) TITLE VIII.—Title VIII of the Homeland Secu-
rity Act of 2002 (6 U.S.C. 361 et seq.) is amended as 
follows: 
(1) By redesignating section 812 as section 
811. 
(2) In section 811, as so redesignated— 
(A) by striking subsections (a) and (c); 
and 
(B) in subsection (b)— 
(i) by striking ‘‘(as added by sub-
section (a) of this section)’’ each place it 
appears; 
(ii) by redesignating paragraphs (2) 
through (4) as subsections (b) through (d), 
respectively, and by moving such sub-
408 
sections, as so redesignated, two ems to 
the left; 
(iii) in paragraph (1), by redesig-
nating subparagraphs (A) and (B) as para-
graphs (1) and (2), respectively, and by 
moving such paragraphs, as so redesig-
nated, two ems to the left; and 
(iv) by striking ‘‘(b) PROMULGATION 
OF INITIAL GUIDELINES.—’’ and all that 
follows through ‘‘In this subsection’’ and 
inserting the following: 
‘‘(a) DEFINITION.—In this section’’; 
(C) in subsection (b), as so redesignated, 
by striking ‘‘IN GENERAL’’ and inserting ‘‘IN 
GENERAL’’; 
(D) in subsection (c), as so redesignated, 
by striking ‘‘MINIMUM REQUIREMENTS’’ and in-
serting ‘‘MINIMUM REQUIREMENTS’’; and 
(E) in subsection (d), as so redesignated, 
by striking ‘‘NO LAPSE OF AUTHORITY’’ and in-
serting ‘‘NO LAPSE OF AUTHORITY’’. 
(3) 
In 
section 
843(b)(1)(B) 
(6 
U.S.C. 
413(b)(1)(B)), by striking ‘‘as determined by’’ and 
all that follows through ‘‘; and’’ and inserting ‘‘as 
determined by the Secretary; and’’.
409 
(4) By striking section 857 (6 U.S.C. 427). 
(5) By redesignating section 858 (6 U.S.C. 
428) as section 857. 
(6) By striking section 872 (6 U.S.C. 452). 
(7) By striking section 881 (6 U.S.C. 461). 
(8) In section 892 (6 U.S.C. 482)— 
(A) in subsection (b)(7), by striking ‘‘Di-
rector of Central Intelligence’’ and inserting 
‘‘Director of National Intelligence’’; and 
(B) in subsection (c)(3)(D), by striking 
‘‘Director of Central Intelligence’’ and inserting 
‘‘Director of National Intelligence’’. 
(9) By striking section 893 (6 U.S.C. 483). 
(10) By redesignating section 894 (6 U.S.C. 
484) as section 893. 
(i) TITLE IX.—Section 903(a) of the Homeland Se-
curity Act of 2002 (6 U.S.C. 493(a)) is amended in the 
subsection heading by striking ‘‘MEMBERS—’’ and insert-
ing ‘‘MEMBERS.—’’. 
(j) TITLE X.—Section 1001(c)(1) of the Homeland 
Security Act of 2002 (6 U.S.C. 511(c)(1)) is amended by 
striking ‘‘Director of Central Intelligence’’ and inserting 
‘‘Director of National Intelligence’’. 
(k) TITLE XV.—Title XV of the Homeland Security 
Act of 2002 (6 U.S.C. 541 et seq.) is amended as follows:
410 
(1) By striking section 1502 (6 U.S.C. 542). 
(2) By redesignating section 1503 (6 U.S.C. 
543) as section 1502. 
(l) TITLE XVI.—Section 1611(d)(1) of the Homeland 
Security Act of 2002 (6 U.S.C. 563(d)(1)) is amended by 
striking ‘‘section 707’’ and inserting ‘‘section 706’’. 
(m) TITLE XIX.—Section 1902(b)(3) of the Home-
land Security Act of 2002 (6 U.S.C. 592(b)(3)) is amend-
ed— 
(1) in the paragraph heading, by striking ‘‘HA-
WAIIAN
NATIVE-SERVING’’ and inserting ‘‘NATIVE 
HAWAIIAN-SERVING’’; and 
(2) by striking ‘‘Hawaiian native-serving’’ and 
inserting ‘‘Native Hawaiian-serving’’. 
(n) TITLE XX.—Section 2021 of the Homeland Se-
curity Act of 2002 (6 U.S.C. 611) is amended— 
(1) by striking subsection (c); and 
(2) by redesignating subsection (d) as sub-
section (c). 
(o) TABLE OF CONTENTS.—The table of contents in 
section 1(b) of the Homeland Security Act of 2002 (6 
U.S.C. 101 note) is amended as follows: 
(1) By striking the items relating to sections 
317, 319, 318, and 319 and inserting the following 
new items: 
‘‘Sec. 317. Promoting antiterrorism through international cooperation program.
411 
‘‘Sec. 318. Social media working group. 
‘‘Sec. 319. Transparency in research and development. 
‘‘Sec. 320. EMP and GMD mitigation research and development.’’. 
(2) By striking the items relating to sections 
401 and 402 and inserting the following new item: 
‘‘Sec. 401. Border, maritime, and transportation responsibilities.’’. 
(3) By striking the item relating to section 417 
and inserting the following new item: 
‘‘Sec. 416. Allocation of resources by the Secretary.’’. 
(4) By striking the items relating to sections 
427 through 433 and inserting the following new 
items: 
‘‘Sec. 425. Coordination of information and information technology. 
‘‘Sec. 426. Visa issuance. 
‘‘Sec. 427. Information on visa denials required to be entered into electronic 
data system. 
‘‘Sec. 428. Office for Domestic Preparedness. 
‘‘Sec. 429. Border Enforcement Security Task Force. 
‘‘Sec. 430. Prevention of international child abduction.’’. 
(5) By striking the items relating to sections 
445 and 446. 
(6) By amending the item relating to subtitle E 
of title IV to read as follows: 
‘‘Subtitle E—United States Citizenship and Immigration Services’’. 
(7) By amending the item relating to section 
451 to read as follows: 
‘‘Sec. 451. Establishment of United States Citizenship and Immigration Serv-
ices.’’. 
(8) By striking the items relating to sections 
455, 456, 459, 460, and 461 and inserting before
412 
the item relating to section 457 the following new 
item: 
‘‘Sec. 455. Children’s affairs.’’. 
(9) By striking the items relating to sections 
472 through 478 and inserting the following new 
items: 
‘‘Sec. 472. Separation of funding. 
‘‘Sec. 473. Annual report on immigration functions.’’. 
(10) By striking the item relating to section 
502. 
(11) By striking the item relating to section 
524. 
(12) By striking the items relating to sections 
706 through 709 and inserting the following new 
items: 
‘‘Sec. 706. Quadrennial Homeland Security Review. 
‘‘Sec. 707. Joint Task Forces. 
‘‘Sec. 708. Office of Strategy, Policy, and Plans.’’. 
(13) By striking the items relating to sections 
811 and 812 and inserting the following new item: 
‘‘Sec. 811. Law enforcement powers of Inspector General agents.’’. 
(14) By striking the items relating to sections 
857 and 858 and inserting the following new item: 
‘‘Sec. 857. Identification of new entrants into the Federal marketplace.’’. 
(15) By striking the item relating to section 
872. 
(16) By striking the item relating to section 
881.
413 
(17) By striking the items relating to sections 
893 and 894 and inserting the following new item: 
‘‘Sec. 893. Authorization of appropriations.’’. 
(18) By striking the items relating to sections 
1502 and 1503 and inserting the following new 
item: 
‘‘Sec. 1502. Review of congressional committee structures.’’. 
SEC. 1706. SAVINGS CLAUSE. 
Nothing in this Act shall be construed as providing 
the Department of Homeland Security or any of its com-
ponents, agencies, or programs with real property author-
ity, including with respect to leases, construction, or other 
acquisitions and disposals. 
DIVISION B—U.S. IMMIGRATION 
AND CUSTOMS ENFORCEMENT 
SEC. 2001. SHORT TITLE. 
This division may be cited as the ‘‘Immigration and 
Customs Enforcement Authorization Act of 2017’’. 
SEC. 2002. ESTABLISHMENT OF U.S. IMMIGRATION AND 
CUSTOMS ENFORCEMENT. 
(a) IN GENERAL.—Section 442 of the Homeland Se-
curity Act of 2002 (6 U.S.C. 252) is amended to read 
as follows:
414 
‘‘SEC. 442. ESTABLISHMENT OF U.S. IMMIGRATION AND 
CUSTOMS ENFORCEMENT. 
‘‘(a) ESTABLISHMENT.—There is established within 
the Department an agency to be known as ‘U.S. Immigra-
tion and Customs Enforcement’. 
‘‘(b) DIRECTOR OF U.S. IMMIGRATION AND CUSTOMS 
ENFORCEMENT.—There shall be at the head of U.S. Im-
migration and Customs Enforcement a Director of U.S. 
Immigration and Customs Enforcement (in this section re-
ferred to as the ‘Director’). 
‘‘(c) DUTIES AND QUALIFICATIONS.—The Director 
shall— 
‘‘(1) have a minimum five years— 
‘‘(A) professional experience in law en-
forcement (which may include enforcement of 
the immigration laws, as defined in section 
101(a)(17) of the Immigration and Nationality 
Act (8 U.S.C. 1101(a)(17)) or the customs and 
trade laws of the United States, as defined in 
section 2 of the Trade Facilitation and Trade 
Enforcement Act of 2015 (19 U.S.C. 4301)); 
and 
‘‘(B) management experience; 
‘‘(2) identify, arrest, detain and seek the re-
moval of inadmissible and deportable aliens and oth-
erwise enforce the immigration laws (as defined in
415 
section 101(a)(17) of the Immigration and Nation-
ality Act (8 U.S.C. 1101(a)(17))), other than 
through criminal prosecutions; 
‘‘(3) investigate and, where appropriate, refer 
for prosecution, any criminal or civil violation of 
Federal law relating to or involving— 
‘‘(A) the immigration laws (as defined in 
section 101(a)(17) of the Immigration and Na-
tionality Act (8 U.S.C. 1101(a)(17))); 
‘‘(B) border control and security, including 
the prevention of the entry or residence of ter-
rorists, criminals, and human rights violators; 
‘‘(C) the customs and trade laws of the 
United States, as defined in section 2 of the 
Trade Facilitation and Trade Enforcement Act 
of 2015 (19 U.S.C. 4301); 
‘‘(D) the import or export of merchandise, 
including the illicit possession, movement of, or 
trade in goods, services, property, arms, instru-
ments of terrorism, items controlled or prohib-
ited from export, child exploitation, intellectual 
property, or currency or other monetary instru-
ments;
416 
‘‘(E) bulk cash smuggling or other finan-
cial crimes with a cross border or international 
nexus; 
‘‘(F) transnational gang activity; 
‘‘(G) chapter 40 or 44 of title 18, United 
States Code, or other violation relating to fire-
arms, explosives, or other destructive devices in-
volving an alien; 
‘‘(H) severe forms of trafficking in per-
sons, as defined in section 103 of the Traf-
ficking Victims Protection Act of 2000 (22 
U.S.C. 7102); 
‘‘(I) the production, procurement, counter-
feiting, alteration, or use of fraudulent immi-
gration documents or fraudulently obtaining im-
migration benefits; 
‘‘(J) unlawful use of personal information, 
including immigration document fraud, when 
such use relates to or affects border security, 
terrorism, customs, immigration, naturalization, 
trade, travel, or transportation security; 
‘‘(K) drug laws, as specified in the Con-
trolled Substance Act and the Controlled Sub-
stance Import and Export Act in the context of 
cross-border criminal activity; or
417 
‘‘(L) fraud or false statements relating to 
or involving any matter specified in this para-
graph. 
‘‘(4) administer the National Intellectual Prop-
erty Rights Coordination Center established in sec-
tion 305 of the Trade Facilitation and Trade En-
forcement Act of 2015 (Public Law 114–125; 19 
U.S.C. 4344); 
‘‘(5) jointly with the Commissioner of U.S. Cus-
toms and Border Protection, develop and submit the 
joint strategic plan required under section 105 of 
the Trade Facilitation and Trade Enforcement Act 
of 2015 (Public Law 114–125; 19 U.S.C. 4314); 
‘‘(6) coordinate with Federal, State, local, trib-
al, and foreign agencies in carrying out the duties 
described in paragraphs (2) and (3); 
‘‘(7) in coordination with the Department of 
State and the Office of International Affairs of the 
Department, establish staff liaison offices and vetted 
units in appropriate foreign countries to support the 
counterterrorism efforts and other international ac-
tivities including investigations and repatriation ef-
forts;
418 
‘‘(8) assign employees of the Department to 
diplomatic and consular posts, in coordination with 
the Secretary, pursuant to section 426(e); 
‘‘(9) establish, maintain, and administer appro-
priate interagency law enforcement centers in fur-
therance of the Director’s statutory duties, including 
interagency centers, in accordance with applicable 
law, or as prescribed by the Secretary; 
‘‘(10) administer the Border Enforcement Secu-
rity Task Force established under section 429; 
‘‘(11) operate the Cyber Crimes Center estab-
lished in section 890A; 
‘‘(12) in carrying out paragraph (3), administer 
internal conspiracy investigations at United States 
ports of entry; and 
‘‘(13) carry out other duties and powers pre-
scribed by law, or delegated by the Secretary. 
‘‘(d) GENERAL ENFORCEMENT POWERS.—The Di-
rector may authorize agents and officers of U.S. Immigra-
tion and Customs Enforcement to— 
‘‘(1) carry out the duties and responsibilities 
authorized under sections 287 and 274A of the Im-
migration and Nationality Act (8 U.S.C. 1357 and 
8 U.S.C. 1324(a)) and section 589 of the Tariff Act 
of 1930 (19 U.S.C. 1589a);
419 
‘‘(2) offer and pay rewards for services and in-
formation leading to the apprehension of persons in-
volved in the violation or attempted violation of 
those provisions of law which United States Immi-
gration and Customs Enforcement is authorized by 
statute to enforce; 
‘‘(3) conduct undercover investigative oper-
ations pursuant to section 294 of the Immigration 
and Nationality Act (8 U.S.C. 1363a), and section 
3131 of the Customs Enforcement Act of 1986 (19 
U.S.C. 2081; enacted as part of the Anti-Drug 
Abuse Act of 1986); and 
‘‘(4) carry out other duties and responsibilities 
provided under the laws of the United States. 
‘‘(e) DEPUTY DIRECTOR.—There shall be a Deputy 
Director of United States U.S. Immigration and Customs 
Enforcement who shall assist the Director in managing 
U.S. Immigration and Customs Enforcement and who 
shall assist the Director in carrying out the Directors du-
ties. 
‘‘(f) OFFICE OF HOMELAND SECURITY INVESTIGA-
TIONS.— 
‘‘(1) IN
GENERAL.—There is established in 
U.S. Immigration and Customs Enforcement an Of-
fice of Homeland Security Investigations.
420 
‘‘(2) EXECUTIVE ASSOCIATE DIRECTOR.—There 
shall be at the head of the Office of Homeland Secu-
rity Investigations an Executive Associate Director, 
who shall report to the Director. 
‘‘(3) DUTIES.—The Office of Homeland Secu-
rity Investigations shall— 
‘‘(A) serve as the law enforcement office of 
U.S. Immigration and Customs Enforcement 
with a primary responsibility to conduct inves-
tigations of terrorist organizations and other 
criminal organizations that threaten homeland 
or border security; 
‘‘(B) serve as the law enforcement office of 
U.S. Immigration and Customs Enforcement 
with responsibility to conduct investigations of, 
and, where appropriate, refer for prosecution, 
any criminal or civil violation of Federal law, 
including— 
‘‘(i) money laundering offenses with a 
cross-border nexus; 
‘‘(ii) bulk cash smuggling with a 
cross-border nexus; 
‘‘(iii) commercial fraud with a cross- 
border nexus and intellectual property 
theft;
421 
‘‘(iv) cybercrimes; 
‘‘(v) human smuggling and human 
trafficking as defined in section 103 of the 
Trafficking Victims Protection Act of 2000 
(22 U.S.C. 7102) , and human rights vio-
lations as defined by 28 U.S.C. 509B(e); 
‘‘(vi) narcotics and weapons smug-
gling and trafficking; 
‘‘(vii) export violations; 
‘‘(viii) international art and antiquity 
theft; 
‘‘(ix) identity and benefits fraud, as 
those terms are defined in title 8 and title 
18, United States Code, relating to or in-
volving any matter specified in this sub-
paragraph; and 
‘‘(x) any other criminal or civil viola-
tion prescribed by law or delegated by the 
Director; 
‘‘(C) administer the program to collect in-
formation relating to nonimmigrant foreign stu-
dents and other exchange program participants 
described in section 641 of the Illegal Immigra-
tion Reform and Immigrant Responsibility Act 
of 1996 (8 U.S.C. 1372), including the Student
422 
and Exchange Visitor Information System es-
tablished under such section, and use such in-
formation to carry out the enforcement func-
tions of United States Immigration and Cus-
toms Enforcement; 
‘‘(D) administer a National Export En-
forcement Coordination Center, which shall 
serve as the primary information sharing forum 
within the Federal Government to coordinate, 
promote, and assist Federal and international 
investigations of export control offenses; 
‘‘(E) conduct investigations of alleged vio-
lations of, and make arrests under, section 
274A of the Immigration and Nationality Act 
(8 U.S.C. 1324a), including referring for pros-
ecution, or levying monetary penalties against, 
an employer found to be in violation of such 
section, and administratively arresting, and ini-
tiating removal proceeding against, an alien un-
lawfully employed; 
‘‘(F) administer a Human Smuggling and 
Trafficking Center, which shall serve as the pri-
mary information sharing forum within the 
Federal Government to coordinate, promote, 
and assist Federal and international investiga-
423 
tions in human smuggling and trafficking inves-
tigations; 
‘‘(G) administer the Bulk Cash Smuggling 
Center, which shall serve to investigate domes-
tic and international bulk cash smuggling ac-
tivities and support law enforcement in efforts 
to investigate and restrict bulk cash smuggling; 
‘‘(H) investigate and refer for prosecution 
public safety matters involving (to the extent 
provided in subsection (b)(4))— 
‘‘(i) large-scale operations prosecuted 
pursuant to chapter 96 (relating to rack-
eteer influenced and corrupt organizations) 
of title 18, United States Code; and 
‘‘(ii) the smuggling into, and sale 
within, the United States of weapons; and 
‘‘(I) carry out other duties and powers pre-
scribed by the Director. 
‘‘(g) OFFICE OF ENFORCEMENT AND REMOVAL OP-
ERATIONS.— 
‘‘(1) IN
GENERAL.—There is established in 
U.S. Immigration and Customs Enforcement an Of-
fice of Enforcement and Removal Operations. 
‘‘(2) EXECUTIVE ASSOCIATE DIRECTOR.—There 
shall be at the head of the Office of Enforcement
424 
and Removal Operations an Executive Associate Di-
rector, who shall report to the Director. 
‘‘(3) DUTIES.—The Office of Enforcement and 
Removal Operations shall— 
‘‘(A) serve as the law enforcement office of 
U.S. Immigration and Customs Enforcement 
with primary responsibility to enforce the civil 
immigration and nationality laws of the United 
States; 
‘‘(B) identify, locate, arrest, detain, and 
seek the removal of aliens in custodial settings 
or at-large, and remove aliens ordered removed, 
who— 
‘‘(i) are inadmissible or deportable 
under sections 212(a)(3) or 237(a)(4) of 
the Immigration and Nationality Act (8 
U.S.C. 1182(a)(3) or 1227(a)(4)), or oth-
erwise present a national security risk to 
the United States; 
‘‘(ii) are inadmissible or deportable 
under sections 212(a)(2) or 237(a)(2) of 
the Immigration and Nationality Act (8 
U.S.C. 1182(a)(2) or 1227(a)(2));
425 
‘‘(iii) undermine the border security 
efforts and operations of the United 
States; 
‘‘(iv) enter the United States in viola-
tion of Federal law; 
‘‘(v) are unlawfully present in the 
United States; 
‘‘(vi) are members of a criminal gang 
or participate in gang-related crimes, ex-
cept as described in subsection (f)(3); 
‘‘(vii) constitute threats to the public 
safety; or 
‘‘(viii) are otherwise subject to exclu-
sion, deportation, or removal from the 
United States. 
‘‘(C) refer for prosecution aliens described 
in subparagraph (B) or section 922(g)(5) of 
title 18, United States Code; 
‘‘(D) have custody (and the authority to 
release) over aliens detained for potential exclu-
sion, deportation, or removal from the United 
States, manage the administrative immigration 
detention operations of U.S. Immigration and 
Customs Enforcement, and provide necessary,
426 
and appropriate medical care to detained aliens 
in the custody of the agency; 
‘‘(E) plan, coordinate, and manage the 
execution of exclusion, deportation, and removal 
orders issued to aliens; 
‘‘(F) investigate and refer for prosecution 
a civil or criminal violation of the immigration 
laws or an offense described in section 
287(a)(5) of the Immigration and Nationality 
Act (8 U.S.C. 1357(a)(5)); and 
‘‘(G) carry out other duties and powers as 
prescribed by the Director. 
‘‘(h) OFFICE OF THE PRINCIPAL LEGAL ADVISOR.— 
‘‘(1) IN
GENERAL.—There is established in 
U.S. Immigration and Customs Enforcement an Of-
fice of the Principal Legal Advisor. 
‘‘(2) PRINCIPAL LEGAL ADVISOR.—There shall 
be at the head of the Office the Principal Legal Ad-
visor a Principal Legal Advisor. 
‘‘(3) DUTIES.—The office of the Principal 
Legal Advisor shall— 
‘‘(A) provide specialized legal advice and 
policy guidance to the Director; 
‘‘(B) represent the Department in all ex-
clusion, deportation, and removal proceedings
427 
before the Executive Office for Immigration Re-
view; 
‘‘(C) represent U.S. Immigration and Cus-
toms Enforcement in venues and fora as au-
thorized by the Director or General Counsel of 
the Department of Homeland Security, or oth-
erwise permitted by law; and 
‘‘(D) carry out other duties and powers as 
prescribed by the Director. 
‘‘(i) OFFICE OF PROFESSIONAL RESPONSIBILITY.— 
‘‘(1) IN
GENERAL.—There is established in 
U.S. Immigration and Customs Enforcement an Of-
fice of Professional Responsibility. 
‘‘(2) ASSISTANT DIRECTOR.—There shall be at 
the head of the Office of Professional Responsibility 
an Assistant Director, who shall report to the Direc-
tor. 
‘‘(3) DUTIES.—The Office of Professional Re-
sponsibility shall— 
‘‘(A) investigate allegations of administra-
tive, civil, and criminal misconduct involving 
any employee or contractor of U.S. Immigration 
and Customs Enforcement; 
‘‘(B) inspect and review United States Im-
migration and Customs Enforcement’s offices,
428 
operations, and processes, including detention 
facilities operated or used by U.S. Immigration 
and Customs Enforcement, and provide an 
independent review of United States Immigra-
tion and Custom Enforcement’s organizational 
health, effectiveness, and efficiency of mission; 
‘‘(C) provide and manage the security pro-
grams and operations for U.S. Immigration and 
Customs Enforcement; and 
‘‘(D) carry out other duties and powers as 
prescribed by the Director. 
‘‘(j) OFFICE OF MANAGEMENT AND ADMINISTRA-
TION.— 
‘‘(1) IN
GENERAL.—There is established in 
U.S. Immigration and Customs Enforcement an Of-
fice of Management and Administration. 
‘‘(2) EXECUTIVE ASSOCIATE DIRECTOR.—There 
shall be at the head of the Office of Management 
and Administration an Executive Associate Director, 
who shall report to the Director. 
‘‘(3) DUTIES.—The Office of Management and 
Administration shall— 
‘‘(A) administer the Office of Human Cap-
ital to provide guidance to the agency and en-
429 
sure compliance with human resources policies 
and practices; 
‘‘(B) administer the Office of Chief Finan-
cial Officer; 
‘‘(C) administer the Office of Policy to de-
velop and communicate the agency policies and 
priorities; 
‘‘(D) create best practices to efficiently re-
spond to all Freedom of Information Act re-
quests received by the agency; 
‘‘(E) manage all information technology 
systems within the agency; and 
‘‘(F) carry out additional duties as as-
signed or delegated by the Director. 
‘‘(k) DEPARTMENTAL EVIDENCE DATABASES.—Not-
withstanding any other provision of this Act, any officer 
within the Office of Enforcement and Removal Operations 
engaged in the duties of that office under subsection 
(f)(3)(C) or (f)(3)(F) shall be provided access, in connec-
tion to such duties, to databases necessary for the proper 
collection, recordation, and retention of any evidence col-
lected. 
‘‘(l) OTHER AUTHORITIES.— 
‘‘(1) IN GENERAL.—The Secretary may estab-
lish such other Executive Associate Directors, or
430 
other similar positions or officials, as the secretary 
determines necessary to carry out the missions, du-
ties, functions, and authorities of U.S. Immigration 
and Customs Enforcement. 
‘‘(2) NOTIFICATION.—If the Secretary exercises 
the authority provided pursuant to paragraph (1), 
the Secretary shall notify the Committee on the Ju-
diciary and the Committee on Homeland Security of 
the House of Representatives and the Committee on 
the Judiciary and the Committee on Homeland Se-
curity and Governmental Affairs of the Senate not 
later than 30 days before exercising such authority. 
‘‘(m) OTHER FEDERAL AGENCIES.—Nothing in this 
section may be construed as affecting or limiting in any 
manner the authority, as in existence on the day before 
the date of the enactment of this section, of any other 
Federal agency or other component of the Department.’’. 
(b) SPECIAL RULES.— 
(1) TREATMENT.—Section 442 of the Home-
land Security Act of 2002, as amended by subsection 
(a) of this section, shall be treated as if included in 
such Act as of the date of the enactment of such 
Act. In addition to the functions, missions, duties, 
and authorities specified in such amended section 
442, U.S. Immigration and Customs Enforcement
431 
shall continue to perform and carry out the func-
tions, missions, duties, and authorities under section 
442 of such Act as in existence on the day before 
such date of enactment (notwithstanding the treat-
ment described in this paragraph). 
(2) RULES OF CONSTRUCTION.— 
(A) RULES AND REGULATIONS.—Notwith-
standing the treatment described in paragraph 
(1), nothing in this division may be construed 
as affecting in any manner any rule or regula-
tion issued or promulgated pursuant to any 
provision of law, including section 442 of the 
Homeland Security Act of 2002, as in existence 
on the day before the date of the enactment of 
this division, and any such rule or regulation 
shall continue to have full force and effect on 
and after such date. 
(B) OTHER
ACTIONS.—Notwithstanding 
the treatment described in paragraph (1), noth-
ing in this division may be construed as affect-
ing in any manner any action, determination, 
policy, or decision pursuant to section 442 of 
the Homeland Security Act of 2002 as in exist-
ence on the day before the date of the enact-
ment of this division, and any such action, de-
432 
termination, policy, or decision shall continue to 
have full force and effect on and after such 
date. 
(c) CONTINUATION IN OFFICE.— 
(1) DIRECTOR.—The individual serving as the 
Director of U.S. Immigration and Customs Enforce-
ment on the day before the date of the enactment 
of this division (notwithstanding the treatment de-
scribed in subsection (b)(1)) may serve as the Direc-
tor of U.S. Immigration and Customs Enforcement 
in accordance with section 442 of the Homeland Se-
curity Act of 2002, as amended by subsection (a), 
until the earlier of— 
(A) the date on which such individual is no 
longer eligible to serve as Director; or 
(B) the date on which a person nominated 
by the President to be the Director is confirmed 
by the Senate in accordance with such section 
441. 
(2) OTHER POSITIONS.—The individuals serv-
ing as the Deputy Director, Executive Associate Di-
rectors, Deputy Executive Associate Directors, or 
similar officers or officials of U.S. Immigration and 
Customs Enforcement under section 442 of the 
Homeland Security Act of 2002 on the day before
433 
the date of the enactment of this division (notwith-
standing the treatment described in subsection 
(b)(1)) may serve as the appropriate Deputy Direc-
tor, Executive Associate Directors, Deputy Executive 
Associate Directors, Associate Directors, Deputy As-
sociate Directors, Assistant Directors, and other of-
ficers and officials under section 442 of such Act, as 
amended by subsection (a), unless the Director of 
U.S. Immigration and Customs Enforcement deter-
mines that another individual should hold such posi-
tion. 
(c) CLERICAL AMENDMENT.—The table of contents 
in section 1(b) of the Homeland Security Act of 2002 is 
amended by striking the item relating to section 442 and 
inserting the following: 
‘‘Sec. 442. Establishment of U.S. Immigration and Customs Enforcement.’’. 
(d) TRANSPORTATION.—Section 1344(b)(6) of title 
31, United States Code, is amended by inserting ‘‘the Di-
rector of U.S. Immigration and Customs Enforcement, the 
Commissioner of U.S. Customs and Border Protection,’’ 
after ‘‘the Administrator of the Drug Enforcement Admin-
istration,’’. 
(e) RULE OF CONSTRUCTION.—Nothing in this Act 
or the amendments made by this Act may be construed 
as creating any new ground for removal under the immi-
gration laws (as such term is defined in section 101(a)(17)
434 
of the Immigration and Nationality Act (8 U.S.C. 
1101(a)(17))). 
(f) SENSE OF CONGRESS.—It is the sense of Con-
gress that a primary mission of U.S. Immigration and 
Customs Enforcement is to enforce the full range of immi-
gration laws within the interior of the United States. 
(g) CONFORMING AMENDMENTS.— 
(1) TITLE 5.—Section 5314 of title 5, United 
States Code, is amended by inserting after ‘‘Director 
of the Bureau of Citizenship and Immigration Serv-
ices.’’ the following new item: ‘‘Director of U.S. Im-
migration and Customs Enforcement.’’. 
(2) INSPECTOR GENERAL ACT OF 1978.—Sec-
tion 8I(e) of the Inspector General Act of 1978 (5 
U.S.C. App.) is amended by striking ‘‘the Bureau of 
Border Security,’’ and inserting ‘‘United States Im-
migration and Customs Enforcement,’’. 
(3) TRADE
FACILITATION
AND
TRADE
EN-
FORCEMENT ACT OF 2015.—Paragraph (2) of section 
802(d) of the Trade Facilitation and Trade Enforce-
ment Act of 2015 (Public Law 114–125) is amended 
by inserting before the period at the end of the fol-
lowing: ‘‘or the Director of U.S. Immigration and 
Customs Enforcement, as determined by the Sec-
retary of Homeland Security’’.
435 
(4) HOMELAND SECURITY ACT OF 2002.—Title 
IV of the Homeland Security Act of 2002 is amend-
ed— 
(A) in subtitle C— 
(i) in subsection (e) of section 426 (as 
redesignated in section 1705 of this Act), 
by adding at the end the following new 
paragraph: 
‘‘(9) DELEGATED
AUTHORITY.—For purposes 
of this subsection, the Secretary shall act through 
the Director of U.S. Immigration and Customs En-
forcement.’’; and 
(ii) in section 429 (as redesignated in 
section 1705 of this Act)— 
(I) by redesignating subsection 
(e) as subsection (f); and 
(II) by inserting after subsection 
(d) the following new subsection: 
‘‘(e) ADMINISTRATION.—The Director of U.S. Immi-
gration and Customs Enforcement shall administer BEST 
units established under this section.’’; and 
(B) in subtitle E, in subsection (a)(2)(C) 
of section 451 (6 U.S.C. 271), by striking ‘‘at 
the same level as the Assistant Secretary of the 
Bureau of Border Security’’ and inserting ‘‘in
436 
accordance with section 5314 of title 5, United 
States Code’’; and 
(h) CLERICAL AMENDMENTS.—The table of contents 
in section 1(b) of such Act is amended by striking the 
item relating to subtitle D of title IV and inserting the 
following new item: 
‘‘Subtitle D—U.S. Immigration and Customs Enforcement’’. 
DIVISION 
C—UNITED 
STATES 
CITIZENSHIP AND IMMIGRA-
TION SERVICES 
SEC. 3001. SHORT TITLE. 
This division may be cited as the ‘‘United States Citi-
zenship and Immigration Services Authorization Act’’. 
SEC. 3002. ESTABLISHMENT OF UNITED STATES CITIZEN-
SHIP AND IMMIGRATION SERVICES. 
(a) IN GENERAL.—Section 451 of the Homeland Se-
curity Act of 2002 (6 U.S.C. 271) is amended to read 
as follows: 
‘‘SEC. 451. ESTABLISHMENT OF UNITED STATES CITIZEN-
SHIP AND IMMIGRATION SERVICES. 
‘‘(a) ESTABLISHMENT.—There is established within 
the Department an agency to be known as ‘United States 
Citizenship and Immigration Services’. 
‘‘(b) DIRECTOR OF UNITED STATES CITIZENSHIP 
AND IMMIGRATION SERVICES.—There shall be at the head 
of United States Citizenship and Immigration Services a
437 
Director of United States Citizenship and Immigration 
Services (in this section referred to as the ‘Director’). 
‘‘(c) QUALIFICATIONS AND DUTIES.—The Director 
shall— 
‘‘(1) have at least 5 years of management expe-
rience; 
‘‘(2) establish the policies and priorities of 
United States Citizenship and Immigration Services; 
‘‘(3) advise the Secretary of any policy or oper-
ation that affects, in a significant manner, the mis-
sion of another Department component; 
‘‘(4) meet regularly with the U.S. Citizenship 
and Immigration Services Ombudsman (established 
in section 452). 
‘‘(5) carry out— 
‘‘(A) the adjudication of immigrant and 
nonimmigrant visa applications and petitions; 
‘‘(B) the adjudication of naturalization ap-
plications; 
‘‘(C) the adjudication of asylum and ref-
ugee applications; 
‘‘(D) adjudications performed at service 
centers; and 
‘‘(E) all other adjudications formerly per-
formed pursuant to this section by the Immi-
438 
gration and Naturalization Service or the Bu-
reau of Citizenship and Immigration Services, 
on the day before the date of the enactment of 
the United States Citizenship and Immigration 
Services Authorization Act; and 
‘‘(6) carry out other duties and powers pre-
scribed by law or delegated by the Secretary. 
‘‘(d) DEPUTY DIRECTOR.—There shall be a Deputy 
Director of United States Citizenship and Immigration 
Services who shall assist the Director in managing United 
States Citizenship and Immigration Services and who 
shall assist the Director in carrying out the Directors du-
ties. 
‘‘(e) OFFICE OF THE CHIEF COUNSEL.— 
‘‘(1) IN GENERAL.—There is established within 
United States Citizenship and Immigration Services 
an Office of the Chief Counsel. 
‘‘(2) CHIEF COUNSEL.—There shall be at the 
head of the Office of the Chief Counsel a Chief 
Counsel. 
‘‘(3) DUTIES.—The Office of the Chief Counsel 
shall— 
‘‘(A) provide specialized legal advice, opin-
ions, determinations, and other assistance to 
the Director with respect to legal matters af-
439 
fecting United States Citizenship and Immigra-
tion Services; 
‘‘(B) represent United States Citizenship 
and Immigration Services in visa petition ap-
peal proceedings when applicable; and 
‘‘(C) carry out other duties and powers 
prescribed by law or delegated by the Director. 
‘‘(f) OFFICE OF POLICY AND STRATEGY.— 
‘‘(1) IN GENERAL.—There is established within 
United States Citizenship and Immigration Services 
an Office of Policy and Strategy. 
‘‘(2) CHIEF.—There shall be at the head of the 
Office of Policy and Strategy a Chief. 
‘‘(3) DUTIES.—The Office of Policy and Strat-
egy shall— 
‘‘(A) develop policy recommendations for 
the Director; 
‘‘(B) coordinate strategy for policy imple-
mentation; and 
‘‘(C) carry out other duties and powers 
prescribed by law or delegated by the Director. 
‘‘(g) OFFICE OF CITIZENSHIP.— 
‘‘(1) IN GENERAL.—There is established within 
United States Citizenship and Immigration Services 
an Office of Citizenship.
440 
‘‘(2) CHIEF.—There shall be at the head of the 
Office of Citizenship a Chief. 
‘‘(3) 
DUTIES.—The 
Office 
of 
Citizenship 
shall— 
‘‘(A) promote instruction and training on 
citizenship responsibilities, as well as assimila-
tion and civic integration, for eligible aliens who 
are interested in becoming naturalized citizens 
of the United States; and 
‘‘(B) carry out other duties and powers 
prescribed by law or delegated by the Director. 
‘‘(h) FRAUD DETECTION AND NATIONAL SECURITY 
DIRECTORATE.— 
‘‘(1) IN GENERAL.—There is established within 
United States Citizenship and Immigration Services 
a Fraud Detection and National Security Direc-
torate. 
‘‘(2) ASSOCIATE DIRECTOR.—There shall be at 
the head of the Fraud Detection and National Secu-
rity Directorate an Associate Director who shall re-
port to the Director. 
‘‘(3) DUTIES.—The Fraud Detection and Na-
tional Security Directorate Office of Citizenship 
shall in a manner that is consistent with the immi-
gration laws (as such term is defined in section
441 
101(a)(17) of the Immigration and Nationality Act 
(8 U.S.C. 1101(a)(17)))— 
‘‘(A) seek to prevent immigration benefits 
from being granted to individuals who pose a 
threat to national security or public safety; 
‘‘(B) seek to prevent immigration benefits 
from being granted to individuals who defraud 
the immigration system; 
‘‘(C) conduct security and background in-
vestigations of applicants for immigration bene-
fits and develop systems and techniques for 
identifying and preventing immigration benefits 
fraud; 
‘‘(D) investigate and refer to U.S. Immi-
gration and Customs Enforcement, where ap-
propriate, incidents of known or suspected 
fraud; and 
‘‘(E) carry out other duties and powers 
prescribed by law or delegated by the Director. 
‘‘(i) IMMIGRATION RECORDS AND IDENTITY SERV-
ICES DIRECTORATE.— 
‘‘(1) IN GENERAL.—There is established within 
United States Citizenship and Immigration Services 
an Immigration Records and Identity Services Di-
rectorate.
442 
‘‘(2) ASSOCIATE DIRECTOR.—There shall be at 
the head of the Immigration Records and Identity 
Services Directorate an Associate Director who shall 
report to the Director. 
‘‘(3) DUTIES.—The Immigration Records and 
Identity Services Directorate shall— 
‘‘(A) manage the operation of an employ-
ment eligibility verification system as provided 
for by section 404 of the Illegal Immigration 
and Immigrant Responsibility Act of 1996 
(U.S.C. 1324a note) or any successor provision; 
‘‘(B) manage the operation of the System-
atic Alien Verification for Entitlements Pro-
gram, or its successor program, designed to as-
sist Federal, State, and local benefit-issuing 
agencies, institutions, and licensing agencies in 
determining the immigration status of benefit 
applicants so only those legally entitled to bene-
fits receive them; 
‘‘(C) manage the biometric services, includ-
ing the collection and dissemination of biomet-
ric information, provided to United States Citi-
zenship and Immigration Services components;
443 
‘‘(D) manage immigration records and pro-
vide information regarding such records to 
stakeholders; and 
‘‘(E) carry out other duties and powers 
prescribed by law or delegated by the Director. 
‘‘(j) FIELD OPERATIONS DIRECTORATE.— 
‘‘(1) IN GENERAL.—There is established within 
United States Citizenship and Immigration Services 
a Field Operations Directorate. 
‘‘(2) ASSOCIATE DIRECTOR.—There shall be at 
the head of the Field Operations Directorate an As-
sociate Director who shall report to the Director. 
‘‘(3) DUTIES.—The Field Operations Direc-
torate shall— 
‘‘(A) oversee all field offices; 
‘‘(B) oversee the adjudication of immigra-
tion benefits applications and petitions, and 
naturalization applications; 
‘‘(C) conduct interviews for pending immi-
gration benefits applications and petitions; 
‘‘(D) conduct naturalization ceremonies; 
‘‘(E) conduct required security and back-
ground security checks for pending applications 
and petitions;
444 
‘‘(F) ensure the integrity of immigration 
benefit processing that occurs at the field of-
fices; and 
‘‘(G) carry out other duties and powers 
prescribed by law or delegated by the Director. 
‘‘(k) REFUGEE, ASYLUM, AND INTERNATIONAL OP-
ERATIONS DIRECTORATE.— 
‘‘(1) IN GENERAL.—There is established within 
United States Citizenship and Immigration Services 
a Refugee, Asylum, and International Operations 
Directorate. 
‘‘(2) ASSOCIATE DIRECTOR.—There shall be at 
the head of the Refugee, Asylum, and International 
Operations Directorate an Associate Director who 
shall report to the Director. 
‘‘(3) DUTIES.—The Refugee, Asylum, and 
International Operations Directorate shall— 
‘‘(A) oversee refugee application adjudica-
tion and interviews; 
‘‘(B) oversee asylum application adjudica-
tion and interviews; 
‘‘(C) seek to ensure the integrity of appli-
cation processing that occurs under the Ref-
ugee, Asylum and International Operations Di-
rectorate’s authority;
445 
‘‘(D) perform other authorized functions of 
United States Citizenship and Immigration 
Services outside of the United States, such as 
those associated with international adoptions 
and naturalization of members the Armed 
Forces; and 
‘‘(E) carry out other duties and powers 
prescribed by law or delegated by the Director. 
‘‘(l) 
SERVICE
CENTER
OPERATIONS
DIREC-
TORATE.— 
‘‘(1) IN GENERAL.—There is established within 
United States Citizenship and Immigration Services 
a Service Center Operations Directorate. 
‘‘(2) ASSOCIATE DIRECTOR.—There shall be at 
the head of the Service Center Operations Direc-
torate an Associate Director who shall report to the 
Director. 
‘‘(3) DUTIES.—The Service Center Operations 
Directorate shall— 
‘‘(A) oversee and manage all Service Cen-
ters; 
‘‘(B) oversee the adjudication of immigra-
tion benefit applications and petitions that 
occur at Service Centers;
446 
‘‘(C) seek to ensure the integrity of immi-
gration benefits processing that occurs at the 
Service Centers; and 
‘‘(D) carry out other duties and powers 
prescribed by law or delegated by the Director. 
‘‘(m) MANAGEMENT DIRECTORATE.— 
‘‘(1) IN GENERAL.—There is established within 
United States Citizenship and Immigration Services 
a Management Directorate. 
‘‘(2) ASSOCIATE DIRECTOR.—There shall be at 
the head of the Management Directorate an Asso-
ciate Director who shall report to the Director. 
‘‘(3) DUTIES.—The Management Directorate 
shall carry out management duties and powers pre-
scribed by law or delegated by the Director. 
‘‘(n) OFFICE OF PROFESSIONAL RESPONSIBILITY.— 
‘‘(1) IN GENERAL.—There is established within 
United States Citizenship and Immigration Services 
an Office of Professional Responsibility. 
‘‘(2) CHIEF.—There shall be at the head of the 
Office of Professional Responsibility a Chief who 
shall report to the Director. 
‘‘(3) DUTIES.—The Office of Professional Re-
sponsibility shall—
447 
‘‘(A) seek to ensure compliance with all 
United States Citizenship and Immigration 
Services programs and policies relating to cor-
ruption, misconduct, or mismanagement; 
‘‘(B) investigate allegations of administra-
tive, civil, and criminal misconduct involving 
any employee or contractor of United States 
Citizenship and Immigration Services; and 
‘‘(C) carry out other duties and powers 
prescribed by law or delegated by the Director. 
‘‘(o) OTHER AUTHORITIES.— 
‘‘(1) IN GENERAL.—The Secretary may estab-
lish such other Associate Directors, or other similar 
positions or officials, as the Secretary determines 
necessary to carry out the missions, duties, func-
tions, and authorities of United States Citizenship 
and Immigration Services. 
‘‘(2) NOTIFICATION.—If the Secretary exercises 
the authority provided pursuant to paragraph (1), 
the Secretary shall notify the Committee on the Ju-
diciary and the Committee on Homeland Security of 
the House of Representatives and the Committee on 
the Judiciary and the Committee on Homeland Se-
curity and Governmental Affairs of the Senate not
448 
later than 30 days prior to the exercise of such au-
thority.’’. 
(b) SPECIAL RULES.— 
(1) TREATMENT.—Section 451 of the Home-
land Security Act of 2002 (6 U.S.C. 271), as 
amended by subsection (a) of this section, shall be 
treated as if included in such Act as of the date of 
the enactment of such Act. In addition to the func-
tions, missions, duties, and authorities specified in 
such amended section 451, United States Citizen-
ship and Immigration Services shall continue to per-
form and carry out the functions, missions, duties, 
and authorities under section 451 of such Act as in 
existence on the day before such date of enactment 
(notwithstanding the treatment described in this 
paragraph). 
(2) RULES OF CONSTRUCTION.— 
(A) RULES AND REGULATIONS.—Notwith-
standing the treatment described in paragraph 
(1), nothing in this division may be construed 
as affecting in any manner any rule or regula-
tion issued or promulgated pursuant to any 
provision of law, including section 451 of the 
Homeland Security Act of 2002 (6 U.S.C. 271), 
as in existence on the day before the date of the
449 
enactment of this division, and any such rule or 
regulation shall continue to have full force and 
effect on and after such date. 
(B) OTHER
ACTIONS.—Notwithstanding 
the treatment described in paragraph (1), noth-
ing in this division may be construed as affect-
ing in any manner any action, determination, 
policy, or decision pursuant to section 451 of 
the Homeland Security Act of 2002 (6 U.S.C. 
271) as in existence on the day before the date 
of the enactment of this division, and any such 
action, determination, policy, or decision shall 
continue to have full force and effect on and 
after such date. 
(c) CONTINUATION IN OFFICE.— 
(1) DIRECTOR.—The individual serving as Di-
rector of United States Citizenship and Immigration 
Services on the day before the date of the enactment 
of this division may, notwithstanding the treatment 
provision under paragraph (1) of subsection (b), 
continue to serve as the Director of United States 
Citizenship and Immigration Services on and after 
such date of enactment in accordance with section 
451 of the Homeland Security Act of 2002 (6
450 
U.S.C. 271), as amended by subsection (a) of this 
section, until the earlier of— 
(A) the date on which such individual is no 
longer eligible to serve as Director; or 
(B) the date on which a person nominated 
by the President to be the Director is confirmed 
by the Senate in accordance with such amended 
section 451. 
(2) OTHER POSITIONS.—The individuals serv-
ing as Chiefs, Associate Directors and other officers 
and officials under section 451 of the Homeland Se-
curity Act of 2002 (6 U.S.C. 271) on the day before 
the date of the enactment of this division may, not-
withstanding the treatment provision under para-
graph (1) of subsection (b), serve as the appropriate 
Chiefs, Assistant Directors and other officers and of-
ficials under such section 451 as amended by sub-
section (a) of this section unless the Director of 
United States Citizenship and Immigration Services 
determines that another individual should hold such 
position. 
(d) REFERENCES.— 
(1) TITLE 5.—Section 5314 of title 5, United 
States Code, is amended by striking ‘‘Director of the 
Bureau of Citizenship and Immigration Services’’
451 
and inserting ‘‘Director of United States Citizenship 
and Immigration Services, Department of Homeland 
Security’’. 
(2) OTHER
REFERENCES.—On and after the 
date of the enactment of this division, any reference 
in any other Federal law, Executive order, rule, reg-
ulation, or delegation of authority to the ‘‘Director 
of the Bureau of Citizenship and Immigration Serv-
ices’’ or the ‘‘Bureau of Citizenship and Immigration 
Services’’ shall be deemed to be a reference to the 
Director of United States Citizenship and Immigra-
tion Services or United States Citizenship and Immi-
gration Services, respectively. 
(e) EMPLOYEE DISCIPLINE.—Section 454 of the 
Homeland Security Act of 2002 is amended to read as 
follows: 
‘‘SEC. 454. EMPLOYEE DISCIPLINE. 
‘‘Notwithstanding any other provision of law, the Sec-
retary may impose disciplinary action on any employee of 
United States Citizenship and Immigration Services who 
knowingly deceives Congress or agency leadership on any 
matter.’’. 
(f) COMBINATION PROHIBITION.—
452 
(1) IN GENERAL.—Section 471 of the Home-
land Security Act of 2002 is amended to read as fol-
lows: 
‘‘SEC. 471. COMBINATION PROHIBITION. 
‘‘The authority provided by section 1502 may be used 
to reorganize functions or organizational units within U.S. 
Immigration and Customs Enforcement or United States 
Citizenship and Immigration Services, but may not be 
used to combine the two components into a single agency 
or otherwise to combine, join, or consolidate functions or 
organizational units of the two components with each 
other.’’. 
(2) CLERICAL AMENDMENT.—The table of con-
tents in section 1(b) of the Homeland Security Act 
of 2002 is amended by amending the item relating 
to section 471 to read as follows: 
‘‘Sec. 471. Combination prohibition.’’. 
DIVISION D—UNITED STATES 
SECRET SERVICE 
SEC. 4001. SHORT TITLE. 
This division may be cited as the ‘‘Secret Service Re-
authorization Act of 2017’’. 
SEC. 4002. PRESIDENTIAL APPOINTMENT OF DIRECTOR OF 
THE SECRET SERVICE. 
Section 3056 of title 18, United States Code, is 
amended by adding at the end:
453 
‘‘(h) The Director of the Secret Service shall be ap-
pointed by the President, by and with the advice and con-
sent of the Senate. The Director of the Secret Service is 
the head of the Secret Service.’’. 
SEC. 4003. RESTRICTED BUILDING OR GROUNDS. 
Section 1752(a) of title 18, United States Code, is 
amended— 
(1) in paragraph (3), by striking ‘‘or’’ at the 
end; 
(2) in paragraph (4), by inserting ‘‘or’’ at the 
end; and 
(3) by inserting after paragraph (4) the fol-
lowing: 
‘‘(5) knowingly, and with the intent to enter a 
restricted building or grounds, causes any object to 
enter any restricted building or grounds, when, or so 
that, such object, in fact, impedes or disrupts the or-
derly conduct of government business or official 
functions;’’. 
SEC. 4004. THREATS AGAINST FORMER VICE PRESIDENTS. 
Section 879(a) of title 18, United States Code, is 
amended— 
(1) in paragraph (4), by striking ‘‘section 
3056(a)(6);’’ and inserting ‘‘paragraph (6) or (8) of 
section 3056(a); or’’; and
454 
(2) by inserting after paragraph (4) the fol-
lowing: 
‘‘(5) a person protected by the Secret Service 
under a Presidential memorandum;’’. 
SEC. 4005. INCREASED TRAINING. 
Beginning in the first full fiscal year after the date 
of enactment of this Act, the Director of the Secret Service 
shall increase the annual number of hours spent training 
by officers and agents of the Secret Service, including offi-
cers of the United States Secret Service Uniformed Divi-
sion established under section 3056A of title 18, United 
States Code and agents operating pursuant to section 
3056 of title 18, United States Code, including joint train-
ing between the two. 
SEC. 4006. TRAINING FACILITIES. 
The Director of the Secret Service is authorized to 
construct facilities at the Rowley Training Center nec-
essary to improve the training of officers of the United 
States Secret Service Uniformed Division established 
under section 3056A of title 18, United States Code and 
agents of the United States Secret Service, operating pur-
suant to section 3056 of title 18, United States Code.
456 
and other experts, shall devise and adopt improved proce-
dures for— 
(1) evaluating the ways in which technology 
may be used to improve the security of the White 
House and the response to threats to persons pro-
tected by the Secret Service; and 
(2) retaining evidence pertaining to the duties 
referred to in paragraph (1) for an extended period 
of time. 
(b) REPORT.—Not later than 1 year after the date 
of enactment of this Act, the Director of the Secret Service 
shall report on the implementation of subsection (a) to— 
(1) the Committee on the Judiciary of the 
House of Representatives; 
(2) the Committee on the Judiciary of the Sen-
ate; 
(3) the Committee on Homeland Security of the 
House of Representatives; 
(4) the Committee on Homeland Security and 
Governmental Affairs of the Senate; and 
(5) the Committee on Oversight and Govern-
ment Reform of the House of Representatives.
457 
SEC. 4009. EVALUATION OF USE OF ADDITIONAL WEAP-
ONRY. 
The Director of the Secret Service shall evaluate the 
practicability of equipping agents and officers with weap-
ons other than those provided to officers and agents of 
the Secret Service as of the date of enactment of this Act, 
including nonlethal weapons. 
SEC. 4010. SECURITY COSTS FOR SECONDARY RESIDENCES. 
(a) IN GENERAL.—The Presidential Protection As-
sistance Act of 1976 (18 U.S.C. 3056 note) is amended 
by striking section 4 and inserting the following: 
‘‘SEC. 4. NOTIFICATION REGARDING EXPENDITURES ON 
NON-GOVERNMENTAL PROPERTIES. 
‘‘The Secret Service shall notify the Committees on 
Appropriations of the House and Senate of any expendi-
tures for permanent facilities, equipment, and services to 
secure any non-Governmental property in addition to the 
one non-Governmental property designated by each 
protectee under subsection (a) or (b) of section 3.’’. 
(b) CONFORMING AMENDMENTS.—The Presidential 
Protection Assistance Act of 1976 (18 U.S.C. 3056 note), 
as amended by this Act, is further amended— 
(1) in section 3(b), by striking ‘‘any expendi-
tures by the Secret Service’’ and all that follows 
through ‘‘imposed under section 4’’ and inserting 
‘‘any expenditures by the Secret Service for perma-
458 
nent facilities, equipment, and services to secure the 
non-Governmental property previously designated 
under subsection (a) are subject to the requirements 
set forth in section 4’’; and 
(2) in section 5(c), by striking ‘‘within the limi-
tations imposed under section 4’’. 
SEC. 4011. ESTABLISHMENT OF ETHICS PROGRAM OFFICE. 
Subject to the oversight of the Office of Chief Counsel 
of the United States Secret Service, the Director of the 
Secret Service shall establish an Ethics Program Office, 
consisting of a minimum of two employees, to administer 
the provisions of the Ethics in Government Act of 1978, 
as amended, and to provide increased training to employ-
ees of the United States Secret Service. 
SEC. 4012. SECRET SERVICE PROTECTION AT POLLING 
PLACES. 
Section 592 of title 18, United States Code, is 
amended by adding at the end the following: 
‘‘This section shall not prevent any officer or agent 
of the United States Secret Service from providing armed 
protective services authorized under section 3056 or pur-
suant to a Presidential memorandum at any place where 
a general or special election is held.’’.
459 
SEC. 4013. SENSE OF CONGRESS. 
It is the sense of Congress that an assessment made 
by the Secretary of Homeland Security or the Director 
of the Secret Service with regard to physical security of 
the White House and attendant grounds, and any secu-
rity-related enhancements thereto should be accorded sub-
stantial deference by the National Capital Planning Com-
mission, the Commission of Fine Arts, and any other rel-
evant entities. 
DIVISION E—COAST GUARD 
SEC. 5001. SHORT TITLE. 
This Act may be cited as the ‘‘Coast Guard Author-
ization Act of 2017’’. 
TITLE I—AUTHORIZATIONS 
SEC. 5101. AUTHORIZATIONS OF APPROPRIATIONS. 
Section 2702 of title 14, United States Code, is 
amended: 
(1) in the matter preceding paragraph (1), by 
striking ‘‘fiscal years 2016 and 2017’’ and inserting 
‘‘fiscal years 2018 and 2019’’; 
(2) in paragraph (1), by striking subparagraphs 
(A) and (B) and inserting the following: 
‘‘(A) $7,263,698,328 for fiscal year 2018; 
and 
‘‘(B) 
$7,452,554,484 
for 
fiscal 
year 
2019.’’;
460 
(3) in paragraph (2), by striking subparagraphs 
(A) and (B) and inserting the following: 
‘‘(A) $1,945,000,000 for fiscal year 2018; 
and 
‘‘(B) 
$1,945,000,000 
for 
fiscal 
year 
2019.’’; 
(4) in paragraph (3), by striking subparagraphs 
(A) and (B) and inserting the following: 
‘‘(A) $134,237,000 for fiscal year 2018; 
and 
‘‘(B) $134,237,000 for fiscal year 2019.’’; 
(5) in paragraph (4), by striking subparagraphs 
(A) and (B) and inserting the following: 
‘‘(A) $16,701,000 for fiscal year 2018; and 
‘‘(B) $16,701,000 for fiscal year 2019.’’; 
and 
(6) in paragraph (5), by striking subparagraphs 
(A) and (B) and inserting the following: 
‘‘(A) $37,263,294 for fiscal year 2018; and 
‘‘(B) $38,232,140 for fiscal year 2019.’’. 
SEC. 5102. AUTHORIZED LEVELS OF MILITARY STRENGTH 
AND TRAINING. 
Section 2704 of title 14, United States Code, is 
amended—
461 
(1) in subsection (a), by striking ‘‘for each of 
fiscal years 2016 and 2017’’ and inserting ‘‘for fis-
cal year 2018 and an end-of-year strength for such 
personnel of 44,500 for fiscal year 2019’’; and 
(2) in subsection (b), by striking ‘‘fiscal years 
2016 and 2017’’ and inserting ‘‘fiscal years 2018 
and 2019’’. 
TITLE II—COAST GUARD 
SEC. 5201. TRAINING; PUBLIC SAFETY PERSONNEL. 
(a) IN GENERAL.—Chapter 7 of title 14, United 
States Code, is amended by adding at the end the fol-
lowing: 
‘‘§ 155. Training; public safety personnel 
‘‘(a) IN GENERAL.—The Commandant may, on a re-
imbursable or a non-reimbursable basis, make training 
available to public safety personnel whenever the Com-
mandant determines that— 
‘‘(1) a member of the Coast Guard, who is 
scheduled to participate in such training, is unable 
or unavailable to participate in such training; 
‘‘(2) no other member of the Coast Guard, who 
is assigned to the unit to which the member of the 
Coast Guard who is unable or unavailable to partici-
pate in such training is assigned, is able or available 
to participate in such training; and
462 
‘‘(3) such training, if made available to such 
public safety personnel, would further the goal of 
interoperability among Federal agencies, non-Fed-
eral governmental agencies, or both. 
‘‘(b) DEFINITION.—For the purposes of this section, 
the term ‘public safety personnel’ includes any Federal, 
State (or political subdivision thereof), territorial, or tribal 
law enforcement officer, firefighter, or emergency response 
provider. 
‘‘(c) TREATMENT OF REIMBURSEMENT.—Any reim-
bursements for training that the Coast Guard receives 
under this section shall be credited to the appropriation 
used to pay the costs for such training. 
‘‘(d) STATUS OF TRAINED PERSONNEL; LIMITATION 
ON LIABILITY.— 
‘‘(1) STATUS.—Any public safety personnel to 
whom training is made available under this section 
who is not otherwise a Federal employee shall not, 
because of that training, be considered a Federal 
employee for any purpose (including the purposes of 
chapter 81 of title 5 (relating to compensation for 
injury)) and sections 2671 through 2680 of title 28 
(relating to tort claims). 
‘‘(2) LIMITATION ON LIABILITY.—The United 
States shall not be liable for actions taken by such
463 
personnel in the course of training made available 
under this section.’’. 
(b) CLERICAL AMENDMENT.—The analysis for chap-
ter 7 of such title is amended by inserting at the end the 
following: 
‘‘155. Training; public safety personnel.’’. 
SEC. 5202. COMMISSIONED SERVICE RETIREMENT. 
For Coast Guard officers who retire in fiscal year 
2017 or 2018, the President may reduce the period of ac-
tive commissioned service required under section 291 of 
title 14, United States Code, to a period of not less than 
eight years. 
SEC. 5203. OFFICER PROMOTION ZONES. 
Section 256(a) of title 14, United States Code, is 
amended by striking ‘‘six-tenths.’’ and inserting ‘‘one- 
half.’’. 
SEC. 5204. CROSS REFERENCE. 
Section 373(a) of title 14, United States Code, is 
amended by inserting ‘‘designated under section 371’’ 
after ‘‘cadet’’. 
SEC. 5205. REPEAL. 
Section 482 of title 14, United States Code, and the 
item relating to that section in the analysis for chapter 
13 of that title, are repealed.
464 
SEC. 5206. UNMANNED AIRCRAFT SYSTEM. 
(a) IN GENERAL.—Chapter 3 of title 14, United 
States Code, is amended by adding at the end the fol-
lowing: 
‘‘§ 61. Unmanned aircraft system 
‘‘(a) IN GENERAL.—Subject to the availability of ap-
propriations and to subsection (b), the Secretary of the 
department in which the Coast Guard is operating shall 
establish a land-based unmanned aircraft system program 
under the control of the Commandant of the Coast Guard. 
‘‘(b) LIMITATIONS.— 
‘‘(1) IN GENERAL.—During any fiscal year for 
which funds are appropriated for the design or con-
struction of the Offshore Patrol Cutter, the Com-
mandant— 
‘‘(A) may not award a contract for design 
of an unmanned aircraft system for use by the 
Coast Guard; and 
‘‘(B) may acquire an unmanned aircraft 
system only if such a system— 
‘‘(i) has been part of a program of 
record, procured by, or used by, the De-
partment of Defense or the Department of 
Homeland Security, or a component there-
of, before the date on which the Com-
mandant acquires the system; and
465 
‘‘(ii) is acquired by the Commandant 
through an agreement with such a depart-
ment or component, unless the unmanned 
aircraft system can be obtained at less cost 
through independent contract action. 
‘‘(2) LIMITATIONS ON APPLICATION.— 
‘‘(A) 
SMALL
UNMANNED
AIRCRAFT.— 
Paragraph (1)(B) does not apply to small un-
manned aircraft. 
‘‘(B) PREVIOUSLY
FUNDED
SYSTEMS.— 
Subsection (b) does not apply to the design or 
acquisition of an unmanned aircraft system for 
which funds for research, development, test, 
and evaluation have been received from the De-
partment of Defense or the Department of 
Homeland Security. 
‘‘(c) DEFINITIONS.—In this section each of the terms 
‘small unmanned aircraft’ and ‘unmanned aircraft system’ 
has the meaning that term has in section 331 of the FAA 
Modernization and Reform Act of 2012 (49 U.S.C. 40101 
note).’’. 
(b) CLERICAL AMENDMENT.—The analysis at the be-
ginning of such chapter is amended by adding at the end 
the following: 
‘‘61. Unmanned aircraft system.’’.
466 
(c) CONFORMING AMENDMENT.—Subsection (c) of 
section 564 of title 14, United States Code, is repealed. 
SEC. 5207. COAST GUARD HEALTH-CARE PROFESSIONALS; 
LICENSURE PORTABILITY. 
(a) IN GENERAL.—Chapter 5 of title 14, United 
States Code, is amended by adding at the end the fol-
lowing: 
‘‘§ 104. Coast Guard health-care professionals; licen-
sure portability 
‘‘(a) Notwithstanding any law regarding the licensure 
of health-care providers, a health-care professional de-
scribed in subsection (b) may practice the health profes-
sion or professions of the health-care professional at any 
location in any State, the District of Columbia, or a Com-
monwealth, territory, or possession of the United States, 
regardless of where such health-care professional or the 
patient are located, if the practice is within the scope of 
the authorized Federal duties of such health-care profes-
sional. 
‘‘(b) A health-care professional described in this sub-
section is an individual— 
‘‘(1) who is— 
‘‘(A) a member of the Coast Guard; 
‘‘(B) a civilian employee of the Coast 
Guard;
467 
‘‘(C) a member of the Public Health Serv-
ice who is assigned to the Coast Guard; 
‘‘(D) a personal services contractor under 
section 1091 of title 10; or 
‘‘(E) any other health-care professional 
credentialed and privileged at a Federal health- 
care institution or location specially designated 
by the Secretary; and 
‘‘(2) who— 
‘‘(A) has a current license to practice med-
icine, osteopathic medicine, dentistry, or an-
other health profession; and 
‘‘(B) is performing authorized duties for 
the Coast Guard. 
‘‘(c) In this section each of the terms ‘license’ and 
‘health-care professional’ has the meaning that term has 
in section 1094(e) of title 10.’’. 
(b) CLERICAL AMENDMENT.—The analysis for such 
chapter is amended by adding at the end the following: 
‘‘104. Coast Guard health-care professionals; licensure portability.’’. 
SEC. 5208. INCENTIVE CONTRACTS FOR COAST GUARD 
YARD AND INDUSTRIAL ESTABLISHMENTS. 
Section 648 of title 14, United States Code, is 
amended— 
(1) by inserting before the text the following: 
‘‘(a) IN GENERAL.—’’;
468 
(2) in subsection (a), as designated by the 
amendment made by paragraph (1) of this section, 
by striking the period at the end of the last sentence 
and inserting ‘‘or in accordance with subsection 
(b).’’; and 
(3) by adding at the end the following: 
‘‘(b) INCENTIVE CONTRACTS.— 
‘‘(1) The parties to an order for industrial work 
to be performed by the Coast Guard Yard or a 
Coast Guard industrial establishment designated 
under subsection (a) may enter into an order or a 
cost-plus-incentive-fee order in accordance with this 
subsection. 
‘‘(2) If such parties enter into such an order or 
a cost-plus-incentive-fee order, an agreed-upon 
amount of any adjustment described in subsection 
(a) may be distributed as an incentive to the wage- 
grade industrial employees who complete the order. 
‘‘(3) Before entering into such an order or cost- 
plus-incentive-fee order such parties must agree that 
the wage-grade employees of the Coast Guard Yard 
or Coast Guard industrial establishment will take ac-
tion to improve the delivery schedule or technical 
performance agreed to in the order for industrial 
work to which such parties initially agreed.
469 
‘‘(4) Notwithstanding any other provision of 
law, if the industrial workforce of the Coast Guard 
Yard or such Coast Guard industrial establishment 
satisfies the performance target established in such 
an order or cost-plus-incentive-fee order— 
‘‘(A) the adjustment to be made pursuant 
to this subsection shall be reduced by such 
agreed-upon amount and distributed to such 
wage-grade industrial employees; and 
‘‘(B) the remainder of the adjustment shall 
be credited to the appropriation for such order 
current at that time.’’. 
SEC. 5209. MAINTAINING CUTTERS IN CLASS. 
Section 573(c)(3)(A) of title 14, United States Code, 
is amended— 
(1) by striking ‘‘(A) IN GENERAL.—’’; and 
(2) by inserting ‘‘and shall maintain such cutter 
in class’’ before the period at the end. 
SEC. 5210. CONGRESSIONAL AFFAIRS; DIRECTOR. 
(a) IN GENERAL.—Chapter 3 of title 14, United 
States Code, as amended by section 206 of this Act, is 
further amended by adding at the end the following:
470 
‘‘§ 62. Congressional affairs; director 
‘‘The Commandant shall appoint a Director of Con-
gressional Affairs from among officers of the Coast Guard 
who are in a grade above captain.’’. 
(b) CLERICAL AMENDMENT.—The analysis for such 
chapter is amended by adding at the end the following: 
‘‘62. Congressional Affairs; Director.’’. 
SEC. 5211. CONTRACTING FOR MAJOR ACQUISITIONS PRO-
GRAMS. 
(a) IN GENERAL.—Subchapter II of chapter 15 of 
title 14, United States Code, is amended by adding at the 
end the following: 
‘‘§ 580. Contracting for major acquisitions programs 
‘‘(a) IN GENERAL.—The Commandant of the Coast 
Guard , or the head of an integrated program office estab-
lished for major acquisitions, may enter into contracts for 
major acquisition programs. 
‘‘(b) AUTHORIZED METHODS.—Such contracts— 
‘‘(1) may be block buy contracts; 
‘‘(2) may be incrementally funded; 
‘‘(3) may include combined purchases, also 
known as economic order quantity purchases, of— 
‘‘(A) materials and components; and 
‘‘(B) long lead time materials; and 
‘‘(4) may be multiyear contracts that comply 
with section 2306b of title 10.
471 
‘‘(c) SUBJECT TO APPROPRIATIONS.—Any contract 
entered into under subsection (a) shall provide that any 
obligation of the United States to make a payment under 
the contract is subject to the availability of amounts spe-
cifically provided in advance for that purpose in subse-
quent appropriations Acts.’’. 
(b) CLERICAL AMENDMENT.—The analysis at the be-
ginning of such chapter is amended by adding at the end 
of the items relating to such subchapter the following: 
‘‘580. Contracting for major acquisitions programs.’’. 
(c) CONFORMING AMENDMENTS.—The following pro-
visions are repealed: 
(1) Section 223 of Public Law 113–281 (14 
U.S.C. 577 note), and the item relating to that sec-
tion in the table of contents in section 2 of such Act. 
(2) Section 221(a) of Public Law 112–213 (14 
U.S.C. 573 note). 
(3) Section 207(a) of Public Law 114–120 (14 
U.S.C. 87 note). 
SEC. 5212. NATIONAL SECURITY CUTTER. 
(a) STANDARD METHOD FOR TRACKING.—The Com-
mandant of the Coast Guard may not certify an eighth 
National Security Cutter as Ready for Operations before 
the date on which the Commandant provides to the Com-
mittee on Transportation and Infrastructure of the House
472 
of Representatives and the Committee on Commerce, 
Science, and Transportation of the Senate— 
(1) a notification of a new standard method for 
tracking operational employment of Coast Guard 
major cutters that does not include time during 
which such a cutter is away from its homeport for 
maintenance or repair; and 
(2) a report analyzing cost and performance for 
different approaches to achieving varied levels of 
operational employment using the standard method 
required by paragraph (1) that, at a minimum— 
(A) compares over a 30-year period the av-
erage annualized baseline cost and perform-
ances for a certified National Security Cutter 
that operated for 185 days away from homeport 
or an equivalent alternative measure of oper-
ational tempo— 
(i) against the cost of a 15 percent in-
crease in days away from homeport or an 
equivalent alternative measure of oper-
ational tempo for a National Security Cut-
ter; and 
(ii) against the cost of the acquisition 
and operation of an additional National 
Security Cutter; and
473 
(B) examines the optimal level of oper-
ational employment of National Security Cut-
ters to balance National Security Cutter cost 
and mission performance. 
(b) CONFORMING AMENDMENTS.— 
(1) Section 221(b) of the Coast Guard and 
Maritime Transportation Act of 2012 (14 U.S.C. 
573 note) is repealed. 
(2) Section 204(c)(1) of the Coast Guard Au-
thorization Act of 2016 (130 Stat. 35) is repealed. 
SEC. 5213. RADAR REFRESHER TRAINING. 
Not later than 60 days after the date of the enact-
ment of this Act, the Secretary of the department in which 
the Coast Guard is operating shall prescribe a final rule 
eliminating the requirement that a mariner complete an 
approved refresher or recertification course to maintain a 
radar observer endorsement. The rulemaking shall be ex-
empt from the requirements of chapters 5 and 6 of title 
5, United States Code, and Executive Order Nos. 12866 
and 13563. 
SEC. 5214. REPEAL. 
Section 676a(a) of title 14, United States Code, is 
amended— 
(1) by striking paragraph (2); 
(2) by striking ‘‘(1) IN GENERAL.—’’;
474 
(3) by redesignating subparagraphs (A) and 
(B) as paragraphs (1) and (2), respectively; and 
(4) in paragraph (2), as so redesignated, by 
striking ‘‘subparagraph (A)’’ and inserting ‘‘para-
graph (1)’’. 
SEC. 5215. EXTENSION OF AUTHORITY. 
Section 404 of the Coast Guard Authorization Act 
of 2010 (Public Law 111–281; 124 Stat. 2950) is amend-
ed— 
(1) in subsection (a), in the text preceding 
paragraph (1), by striking ‘‘sections 3304, 5333, 
and 5753’’ and inserting ‘‘section 3304’’; and 
(2) in subsection (b), by striking ‘‘2017.’’ and 
inserting ‘‘2021.’’. 
SEC. 5216. AUTHORIZATION OF AMOUNTS FOR FAST RE-
SPONSE CUTTERS. 
(a) IN GENERAL.—Of the amounts authorized for 
each fiscal year 2018 and 2019 under section 2702(2) of 
title 14, United States Code, as amended by this Act, 
$165,000,000 is authorized for the acquisition of three 
Fast Response Cutters in each such fiscal year. 
(b) TREATMENT OF ACQUIRED CUTTERS.—Any cut-
ters acquired under subsection (a) shall be in addition to 
the 58 cutters approved under the existing acquisition 
baseline.
475 
SEC. 5217. AUTHORIZATION OF AMOUNTS FOR ICE TRIALS 
OF ICEBREAKER VESSELS. 
(a) IN GENERAL.—Of the amounts authorized for fis-
cal year 2018 under paragraphs (1) and (5) of section 
2702 of title 14, United States Code, as amended by this 
Act, up to $3,000,000 is authorized for the Commandant 
of the Coast Guard to carry out ice trials of icebreaker 
vessels documented under section 12111 of title 46, 
United States Code. 
(b) ASSESSMENTS.—Ice trials referred to in sub-
section (a) shall— 
(1) assess the ability of an icebreaker vessel to 
carry out the missions of the Coast Guard enumer-
ated in section 2 of title 14, United States Code; or 
(2) conduct operational tests to produce infor-
mation that could be used in the design and acquisi-
tion of icebreaker vessels by the Coast Guard to 
carry out such missions. 
SEC. 5218. SHORESIDE INFRASTRUCTURE. 
Of the amounts authorized under section 2702(2) of 
title 14, United States Code, as amended by this Act, for 
each of fiscal years 2018 and 2019 there is authorized 
to be appropriated $165,000,000 to the Secretary of the 
department in which the Coast Guard is operating to fund 
the acquisition, construction, rebuilding or improvement
476 
of Coast Guard shoreside infrastructure and facilities nec-
essary to support Coast Guard operations and readiness. 
SEC. 5219. AIRCRAFT IMPROVEMENTS. 
Of the amounts authorized under section 2702(2) of 
title 14, United States Code, as amended by this Act, for 
each of fiscal years 2018 and 2019 there is authorized 
to be appropriated up to $3,500,000 to the Secretary of 
the department in which the Coast Guard is operating to 
fund analysis and program development for improvements 
for Coast Guard MH–65 aircraft. 
SEC. 5220. ACQUISITION PLAN FOR INLAND WATERWAY 
AND RIVER TENDERS AND BAY-CLASS ICE-
BREAKERS. 
(a) ACQUISITION PLAN.—Not later than 270 days 
after the date of the enactment of this Act, the Com-
mandant of the Coast Guard shall submit to the Com-
mittee on Commerce, Science, and Transportation of the 
Senate and the Committee on Transportation and Infra-
structure of the House of Representatives a plan to re-
place or extend the life of the Coast Guard fleet of inland 
waterway and river tenders, and the Bay-class icebreakers. 
(b) CONTENTS.—The plan under subsection (a) shall 
include— 
(1) an analysis of the work required to extend 
the life of vessels described in subsection (a);
477 
(2) recommendations for which, if any, such 
vessels it is cost effective to undertake a ship-life ex-
tension or enhanced maintenance program; 
(3) an analysis of the aids to navigation pro-
gram to determine if advances in navigation tech-
nology may reduce the needs for physical aids to 
navigation; 
(4) recommendations for changes to physical 
aids to navigation and the distribution of such aids 
that reduce the need for the acquisition of vessels to 
replace the vessels described in subsection (a); 
(5) a schedule for the acquisition of vessels to 
replace the vessels described in subsection (a), in-
cluding the date on which the first vessel will be de-
livered; 
(6) an estimate of the cost per vessel and of the 
total cost of the acquisition program of record; and 
(7) a description of the order in which vessels 
to replace the vessels described in subsection (a) will 
be built, and the homeports of each such vessel upon 
its commissioning. 
SEC. 5221. REPORT ON SEXUAL ASSAULT VICTIM RECOV-
ERY IN THE COAST GUARD. 
(a) IN GENERAL.—Not later than 180 days after the 
date of the enactment of this Act, the Commandant of
478 
the Coast Guard shall submit to the Committee on Trans-
portation and Infrastructure of the House of Representa-
tives and the Committee on Commerce, Science, and 
Transportation of the Senate a report on sexual assault 
prevention and response policies of the Coast Guard and 
strategic goals related to sexual assault victim recovery. 
(b) CONTENTS.—The report shall— 
(1) describe Coast Guard strategic goals relat-
ing to sexual assault climate, prevention, response, 
and accountability, and actions taken by the Coast 
Guard to promote sexual assault victim recovery; 
(2) explain how victim recovery is being incor-
porated into Coast Guard strategic and pro-
grammatic guidance related to sexual assault pre-
vention and response; 
(3) examine current Coast Guard sexual assault 
prevention and response policy with respect to— 
(A) Coast Guard criteria for what com-
prises sexual assault victim recovery; 
(B) alignment of Coast Guard personnel 
policies to enhance— 
(i) an approach to sexual assault re-
sponse that gives priority to victim recov-
ery;
479 
(ii) upholding individual privacy and 
dignity; and 
(iii) the opportunity for the continu-
ation of Coast Guard service by sexual as-
sault victims; and 
(C) sexual harassment response, including 
a description of the circumstances under which 
sexual harassment is considered a criminal of-
fense; and 
(4) to ensure victims and supervisors under-
stand the full scope of resources available to aid in 
long-term recovery, explain how the Coast Guard in-
forms its workforce about changes to sexual assault 
prevention and response policies related to victim re-
covery. 
TITLE III—PORTS AND 
WATERWAYS SAFETY 
SEC. 5301. CODIFICATION OF PORTS AND WATERWAYS 
SAFETY ACT. 
(a) CODIFICATION.—Subtitle VII of title 46, United 
States Code, is amended by inserting before chapter 701 
the following: 
‘‘CHAPTER 700—PORTS AND WATERWAYS 
SAFETY 
‘‘SUBCHAPTER A—VESSEL OPERATIONS 
‘‘Sec.
480 
‘‘70001. Vessel traffic services. 
‘‘70002. Special powers. 
‘‘70003. Port access routes. 
‘‘70004. Considerations by Secretary. 
‘‘70005. International agreements. 
‘‘SUBCHAPTER B—PORTS AND WATERWAYS SAFETY 
‘‘70011. Waterfront safety. 
‘‘70012. Navigational hazards. 
‘‘70013. Requirement to notify Coast Guard of release of objects into the navi-
gable waters of the United States. 
‘‘SUBCHAPTER C—CONDITION FOR ENTRY INTO PORTS IN THE UNITED 
STATES 
‘‘70021. Conditions for entry to ports in the United States. 
‘‘SUBCHAPTER D—DEFINITIONS, REGULATIONS, ENFORCEMENT, 
INVESTIGATORY POWERS, APPLICABILITY 
‘‘70031. Definitions. 
‘‘70032. Saint Lawrence Seaway. 
‘‘70033. Limitation on application to foreign vessels. 
‘‘70034. Regulations. 
‘‘70035. Investigatory powers. 
‘‘70036. Enforcement. 
‘‘SUBCHAPTER A—VESSEL OPERATIONS 
‘‘§ 70001. Vessel traffic services 
‘‘(a) Subject to the requirements of section 70004, 
the Secretary— 
‘‘(1) in any port or place under the jurisdiction 
of the United States, in the navigable waters of the 
United States, or in any area covered by an inter-
national agreement negotiated pursuant to section 
70005, may construct, operate, maintain, improve, 
or expand vessel traffic services, that consist of 
measures for controlling or supervising vessel traffic 
or for protecting navigation and the marine environ-
ment and that may include one or more of reporting
481 
and operating requirements, surveillance and com-
munications systems, routing systems, and fairways; 
‘‘(2) shall require appropriate vessels that oper-
ate in an area of a vessel traffic service to utilize or 
comply with that service; 
‘‘(3)(A) may require vessels to install and use 
specified navigation equipment, communications 
equipment, electronic relative motion analyzer equip-
ment, or any electronic or other device necessary to 
comply with a vessel traffic service or that is nec-
essary in the interests of vessel safety. 
‘‘(B) Notwithstanding subparagraph (A), the 
Secretary shall not require fishing vessels under 300 
gross tons as measured under section 14502, or an 
alternate tonnage measured under section 14302 as 
prescribed by the Secretary under section 14104, or 
recreational vessels 65 feet or less to possess or use 
the equipment or devices required by this subsection 
solely under the authority of this chapter; 
‘‘(4) may control vessel traffic in areas subject 
to the jurisdiction of the United States that the Sec-
retary determines to be hazardous, or under condi-
tions of reduced visibility, adverse weather, vessel 
congestion, or other hazardous circumstances, by—
482 
‘‘(A) specifying times of entry, movement, 
or departure; 
‘‘(B) establishing vessel traffic routing 
schemes; 
‘‘(C) establishing vessel size, speed, or 
draft limitations and vessel operating condi-
tions; and 
‘‘(D) restricting operation, in any haz-
ardous area or under hazardous conditions, to 
vessels that have particular operating character-
istics or capabilities that the Secretary con-
siders necessary for safe operation under the 
circumstances; 
‘‘(5) may require the receipt of prearrival mes-
sages from any vessel, destined for a port or place 
subject to the jurisdiction of the United States, in 
sufficient time to permit advance vessel traffic plan-
ning before port entry, which shall include any infor-
mation that is not already a matter of record and 
that the Secretary determines necessary for the con-
trol of the vessel and the safety of the port or the 
marine environment; and 
‘‘(6) may prohibit the use on vessels of elec-
tronic or other devices that interfere with commu-
nication and navigation equipment, except that such
483 
authority shall not apply to electronic or other de-
vices certified to transmit in the maritime services 
by the Federal Communications Commission and 
used within the frequency bands 157.1875–157.4375 
MHz and 161.7875–162.0375 MHz. 
‘‘(b) COOPERATIVE AGREEMENTS.— 
‘‘(1) IN GENERAL.—The Secretary may enter 
into cooperative agreements with public or private 
agencies, authorities, associations, institutions, cor-
porations, organizations, or other persons to carry 
out the functions under subsection (a)(1). 
‘‘(2) LIMITATION.— 
‘‘(A) A nongovernmental entity may not 
under this subsection carry out an inherently 
governmental function. 
‘‘(B) As used in this paragraph, the term 
‘inherently governmental function’ means any 
activity that is so intimately related to the pub-
lic interest as to mandate performance by an 
officer or employee of the Federal Government, 
including an activity that requires either the ex-
ercise of discretion in applying the authority of 
the Government or the use of judgment in mak-
ing a decision for the Government.
484 
‘‘(c) LIMITATION OF LIABILITY FOR COAST GUARD 
VESSEL TRAFFIC SERVICE PILOTS AND NON-FEDERAL 
VESSEL TRAFFIC SERVICE OPERATORS.— 
‘‘(1) COAST GUARD VESSEL TRAFFIC SERVICE 
PILOTS.—Any pilot, acting in the course and scope 
of his or her duties while at a Coast Guard Vessel 
Traffic Service, who provides information, advice, or 
communication assistance while under the super-
vision of a Coast Guard officer, member, or em-
ployee shall not be liable for damages caused by or 
related to such assistance unless the acts or omis-
sions of such pilot constitute gross negligence or 
willful misconduct. 
‘‘(2) NON-FEDERAL VESSEL TRAFFIC SERVICE 
OPERATORS.—An entity operating a non-Federal 
vessel traffic information service or advisory service 
pursuant to a duly executed written agreement with 
the Coast Guard, and any pilot acting on behalf of 
such entity, is not liable for damages caused by or 
related to information, advice, or communication as-
sistance provided by such entity or pilot while so op-
erating or acting unless the acts or omissions of 
such entity or pilot constitute gross negligence or 
willful misconduct.
485 
‘‘§ 70002. Special powers 
‘‘The Secretary may order any vessel, in a port or 
place subject to the jurisdiction of the United States or 
in the navigable waters of the United States, to operate 
or anchor in a manner the Secretary directs if— 
‘‘(1) the Secretary has reasonable cause to be-
lieve such vessel does not comply with any regulation 
issued under section 70034 or any other applicable 
law or treaty; 
‘‘(2) the Secretary determines such vessel does 
not satisfy the conditions for port entry set forth in 
section 70021 of this title; or 
‘‘(3) by reason of weather, visibility, sea condi-
tions, 
port 
congestion, 
other 
hazardous 
cir-
cumstances, or the condition of such vessel, the Sec-
retary is satisfied such direction is justified in the 
interest of safety. 
‘‘§ 70003. Port access routes 
‘‘(a) AUTHORITY TO DESIGNATE.—Except as pro-
vided in subsection (b) and subject to the requirements 
of subsection (c), in order to provide safe access routes 
for the movement of vessel traffic proceeding to or from 
ports or places subject to the jurisdiction of the United 
States, the Secretary shall designate necessary fairways 
and traffic separation schemes for vessels operating in the 
territorial sea of the United States and in high seas ap-