DHS Authorization Act
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HR 2825 — DHS Authorization Act
Last action — By Senator Johnson from Committee on Homeland Security and Governmental Affairs filed written report. Report No. 115-351.
No card. One bill, free forever — alerts when it moves.
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✓Introduced
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✓In Committee
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3Passed House
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4Passed Senate
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5To Executive
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6Enacted
This bill died with 115th Congress. It reached “Passed House” and never advanced before the session ended, so it can no longer move — a new version would have to be reintroduced in the current session.
This bill is no longer active — its legislative session has ended, so there is no live prognosis. It would have to be reintroduced in the current session to move again.
Summary
Department of Homeland Security Authorization Act or the DHS Authorization Act DIVISION A--HOMELAND SECURITY TITLE I--DEPARTMENT OF HOMELAND SECURITY HEADQUARTERS Department of Homeland Security Authorization Act for Fiscal Years 2018 and 2019 Subtitle A--Headquarters Operations (Sec. 1101) This bill amends the Homeland Security Act of 2002 (HSA) to define "homeland security enterprise" as any relevant governmental or nongovernmental entity involved in homeland security, including a federal, state, or local government official, private sector representative, academic, or other policy expert. (Sec. 1102) The Department of Homeland Security (DHS) shall coordinate through the Office of Partnership and Engagement (established by this bill) with specified entities, including by entering into agreements with governments of other countries and international nongovernmental organizations to achieve DHS missions. The bill establishes in DHS a Headquarters, which shall include: the Office of the Secretary; the Office of the Deputy Secretary; the Executive Secretary; the Management Directorate, including the Office of the Chief Financial Officer; the Office of Strategy, Policy, and Plans; the Office of the General Counsel; the Office of the Chief Privacy Officer; the Office for Civil Rights and Civil Liberties; the Office of Operations Coordination; the Office of Intelligence and Analysis; the Office of Legislative Affairs; the Office of Public Affairs; the Office of the Inspector General; the Office of the Citizenship and Immigration Services Ombudsman; and the Office of Partnership and Engagement. DHS, acting through its appropriate Headquarters' official, shall: establish an overall strategy to successfully further its mission; establish initiatives that improve DHS-wide operational performance; establish mechanisms to ensure that DHS components comply with department policies and fully implement DHS strategies and initiatives; establish annual operational and management objectives to evaluate the performance of DHS; ensure that DHS successfully meets operational and management performance objectives by conducting oversight of component agencies; ensure that the strategies, priorities, investments, and workforce of DHS components align with DHS objectives; establish and implement policies related to DHS ethics and compliance standards; establish and implement policies which preserve individual liberty, fairness, and equality under the law; manage and encourage shared services across DHS components; and lead and coordinate interaction with Congress and other external organizations. (Sec. 1103) The position of Director of Shared Services of DHS and the Office of Counternarcotics Enforcement are abolished. (Sec. 1104) DHS shall appoint a Chief Privacy Officer, whose duties shall include developing guidance to assist DHS components in developing privacy policies and practices and serving as the Chief Freedom of Information Officer of DHS to manage and process requests under the Freedom of Information Act (FOIA) and develop guidance on procedures for meeting FOIA requests. (Sec. 1105) The Chief Financial Officer of DHS shall: oversee DHS budget formulation and execution; lead and provide guidance on performance-based budgeting practices for DHS; lead cost-estimating practices for DHS, including the development of policies on cost estimating and approval of life cycle cost estimates; coordinate with the Office of Strategy, Policy, and Plans to ensure that the development of the budget for DHS is compatible with its long-term strategic plans, priorities, and policies; develop financial management policy for DHS and oversee the implementation of such policy; provide guidance for and over financial system modernization efforts throughout DHS; lead the efforts of DHS related to financial oversight, including identifying ways to streamline and standardize business processes; oversee the costs of acquisition programs and related activities to ensure that actual and planned costs are in accordance with budget estimates and are affordable, or can be adequately funded, over the life cycle of such programs and activities; fully implement a common accounting structure for all DHS offices and components by FY2020; and track, approve, oversee, and make public information on expenditures by DHS components for conferences. (Sec. 1106) The Chief Information Officer of DHS shall serve as the lead technical authority for information technology programs of DHS and its components. In coordination with the Chief Financial Officer, the Chief Information Officer shall develop an information technology strategic plan every five years and report to Congress on the extent to which: the DHS budget aligns with priorities specified in the information technology strategic plan, the information technology strategic plan informs the DHS budget process, information technology priorities were or were not funded and the reasons for not funding all priorities in a given fiscal year, DHS has identified and addressed skills gaps needed to implement the information technology strategic plan, and unnecessary duplicate information technology has been eliminated. Not later than 180 days after this bill's enactment and every two years thereafter until 2022, the Chief Information Officer shall: conduct a DHS-wide inventory of all existing software licenses, including utilized and unutilized licenses; assess the needs of DHS and its components for software licenses for the subsequent two fiscal years; examine how DHS can achieve the greatest possible economies of scale and cost savings in the procurement of software licenses; determine how the use of shared cloud-computing services will impact the needs for software licenses for the subsequent two fiscal years; establish plans and estimated costs for eliminating unutilized software licenses for the subsequent two fiscal years; and submit a copy of each inventory conducted to Congress. If the Chief Information Officer determines through the inventory that the number of software licenses held by DHS and its components exceed the needs of the department, DHS shall establish a plan for reducing the number of such software licenses to meet its needs. No additional resources may be obligated for the procurement of new software licenses for DHS until such time as its need exceeds the number of its used and unused licenses. The Chief Information Officer may, however, authorize the purchase of additional licenses and amend the number of needed licenses as necessary. Not later than FY2019, the Government Accountability Office (GAO) shall review the extent to which the DHS Chief Information Officer has fulfilled all requirements relating to information technology and licenses. Not later than one year after this bill's enactment, the Chief Information Officer shall complete the first required information technology strategic plan. (Sec. 1107) In each quadrennial homeland security review conducted after December 31, 2017, DHS shall collaborate with the Homeland Security Advisory Committee in conducting a review and use a risk assessment when evaluating threats to the homeland. DHS must report to Congress on such review and retain pertinent documentation regarding such review, including: (1) records regarding consultation with specified agencies, officials, representatives from advisory committees, and other relevant entities; and (2) information regarding the required risk assessment. Not later than 90 days after the submission of each report, DHS shall provide to the congressional homeland security committees information on the degree to which the findings and recommendations developed in the quadrennial homeland security review covered by the report were integrated into the acquisition strategy and expenditure plans for DHS. (Sec. 1108) The Office of Strategy, Policy, and Plans shall include: the Office of International Affairs; the Office of Cyber, Infrastructure, and Resilience Policy; the Office of Strategy, Planning, Analysis, and Risk; the Office of Threat Prevention and Security Policy; and the Office of Border, Immigration, and Trade Policy. The Office of International Affairs shall be led by an Assistant Secretary for International Affairs appointed by the DHS Secretary. The Assistant Secretary shall have specified duties, including coordinating international activities within DHS and providing guidance on the deployment of assets, including personnel, outside the United States and the training of such personnel. The Office of International Affairs within the Office of the Secretary of Homeland Security is abolished. The bill establishes a Homeland Security Advisory Council to provide advice and recommendations on homeland security-related matters, including advice with respect to the preparation of the Quadrennial Homeland Security Review. DHS must review its components that are responsible for international affairs to identify and eliminate areas of unnecessary duplication and submit to the congressional homeland security committees an action plan to address areas of duplication and opportunities for cost savings and revenue enhancement. (Sec. 1109) The bill establishes in DHS an Office of External Affairs, headed by a Principal Assistant Secretary for External Affairs. The office shall include the following components: the Office of Legislative Affairs, the Office of Public Affairs, and the Office of Partnership and Engagement. The Assistant Secretary for Partnership and Engagement shall be appointed by the DHS Secretary and shall: lead DHS efforts to incorporate external feedback from stakeholders into policy and strategic planning efforts in consultation with the Office for Civil Rights and Civil Liberties; conduct certain terrorism prevention activities; advise the Secretary on the effects of the policies, regulations, processes, and actions of DHS on the private sector and create and foster strategic communications with the private sector to enhance the primary DHS mission to protect the homeland; coordinate DHS activities relating to state and local governments; and provide state and local governments with regular information, research, and technical support to assist local efforts to secure the homeland. The functions authorized to be performed by the Office for State and Local Law Enforcement of DHS are transferred to the Office of Partnership and Engagement. The Office for State and Local Government Coordination of DHS is abolished. Its functions are transferred to the Office of Partnership and Engagement. The position of Special Assistant to the Secretary is abolished. The functions of the Special Assistant are transferred to the Office of Partnership and Engagement. (Sec. 1110) The bill establishes in DHS a Chief Procurement Officer who shall serve as a senior business advisor to DHS officials on procurement-related matters and report directly to the Under Secretary for Management. The Chief Procurement Officer's duties shall include issuing procurement policies and ensuring compliance with those policies. (Sec. 1111) The bill establishes in DHS a Chief Security Officer, who shall report directly to the Under Secretary for Management. The Chief Security Officer shall: develop and implement the security policies, programs, and standards of DHS; identify training and provide education to DHS personnel on security-related matters; and provide support to DHS components on security-related matters. (Sec. 1112) The heads of offices and components of DHS must promptly advise the DHS Inspector General of all allegations of misconduct with respect to which the Inspector General has investigative authority under the Inspector General Act of 1978. (Sec. 1113) The bill establishes in DHS an Office for Civil Rights and Civil Liberties. Under the direction of the Officer for Civil Rights and Civil Liberties, the office shall support the officer in: integrating civil rights and civil liberties into DHS activities; investigating complaints and information indicating possible abuses of civil rights or civil liberties, unless the DHS Inspector General determines that any such complaint or information should be investigated by the Inspector General; carrying out DHS's equal employment opportunity and diversity policies and programs, including complaint management and adjudication; and communicating with individuals and communities whose civil rights and civil liberties may be affected by DHS activities. (Sec. 1114) The Homeland Security Rotation Program is modified to: (1) foster greater departmental integration and unity of effort; (2) help enhance the knowledge, skills, and abilities of participating personnel with respect to DHS programs, policies, and activities; and (3) improve morale and retention throughout DHS. DHS must disseminate information about the availability of the program and provide criteria for the selection, retention, and performance evaluations of employees participating in the program. DHS shall establish an Intelligence Rotational Assignment Program as part of the program. The Chief Human Capital Officer, in conjunction with the Chief Intelligence Officer, shall administer the Intelligence Rotational Assignment Program. The Intelligence Rotational Assignment Program shall be open to employees serving in existing analyst positions within DHS's Intelligence Enterprise and other appropriate DHS employees. DHS shall provide to Congress information on status of the program within 120 days after the enactment of this bill. (Sec. 1115) This section requires, not later than 60 days after the submission of the President's budget, DHS to submit to the congressional homeland security committees a Future Years Homeland Security Program that covers the fiscal year for which the budget is submitted and the four succeeding fiscal years. On and after February 1, 2018, each Future Years Homeland Security Program shall project acquisition estimates for the fiscal year for which the budget is submitted and the four succeeding fiscal years and estimated annual deployment schedules for all physical asset major acquisitions. (Sec. 1116) Not later than 270 days after the enactment of this bill, DHS shall submit to Congress a field efficiencies plan that: (1) examines the facilities and administrative and logistics functions of DHS components located within designated geographic areas, and (2) provides specific recommendations and an associated cost-benefit analysis for the consolidation of the facilities and administrative and logistics functions of DHS components within each such area. The field efficiencies plan shall include an accounting of DHS leases, an evaluation of specific DHS facilities that may be closed or consolidated, and implementation plan, and an accounting of any consolidation of the real estate footprint of DHS. (Sec. 1117) For each fiscal year until FY2023, DHS shall provide to Congress, together with its annual budget request, information on: (1) any circumstance during the year covered by the report in which DHS exercised the authority to reprogram or transfer funds to address unforeseen costs, including costs associated with operational surges; and (2) any circumstance in which any limitation on the transfer or reprogramming of funds affected the ability of DHS to address such unforeseen costs. (Sec. 1118) DHS must submit a report to the congressional homeland security committees that includes: a detailed accounting of the management and administrative expenditures and activities of each DHS component that identifies potential cost savings, avoidances, and efficiencies for those expenditures and activities; an examination of major physical assets of DHS; a review of the size, experience level, and geographic distribution of the operational personnel of DHS; and recommendations for adjustments in the management and administration of DHS that would reduce deficiencies in DHS capabilities, reduce costs, and enhance efficiencies. (Sec. 1119) DHS must assess the organization and management of its research and development activities and develop and submit to Congress within six months of enactment of this bill a proposed organizational structure for the efficient and effective management of such activities. DHS shall: (1) assess the organization and management of its chemical, biological, radiological, nuclear, and explosives activities, including the activities of the Office of Health Affairs, the Domestic Nuclear Detection Office, and the Office for Bombing Prevention; and (2) by six months after this bill's enactment, develop and submit a proposed organizational structure to ensure enhanced coordination, effectiveness, and efficiency by providing strengthened chemical, biological, radiological, nuclear, and explosives capabilities in support of homeland security. The GAO must submit a review of the organizational justifications. (Sec. 1120) The Under Secretary for Strategy, Policy, and Plans must include feedback from organizations representing the needs of children when reviewing and incorporating external stakeholder feedback into DHS policy. Subtitle B--Human Resources and Other Matters (Sec. 1131) This section sets forth additional duties of the DHS Chief Human Capital Officer, including maintaining an catalogue of available employee development opportunities and ensuring that employee discipline and adverse action programs comply with applicable law and due process requirements. (Sec. 1132) DHS shall establish an employee engagement steering committee to address issues relating to employee engagement, morale, and communications. The Chief Human Capital Officer shall issue a DHS-wide employee engagement action plan and submit such plan to the congressional homeland security committees. (Sec. 1133) DHS may establish an annual employee award program to recognize DHS employees for significant contributions to the achievement of DHS goals and missions. (Sec. 1134) The GAO must utilize DHS reports to investigate whether the application of discipline and adverse actions by DHS is administered in an equitable and consistent manner. After such investigation, the DHS Under Secretary for Management shall implement a plan to correct any relevant deficiencies identified by the GAO. (Sec. 1135) DHS must provide guidance to its components and offices on the implementation of executive orders affecting DHS operations. (Sec. 1136) DHS must continue to prioritize providing assistance, on a voluntary basis, to state and local election officials to protect election infrastructure. TITLE II--DEPARTMENT OF HOMELAND SECURITY ACQUISITION ACCOUNTABILITY AND EFFICIENCY Subtitle A--Acquisition Authorities (Sec. 1211) The Under Secretary for Management of DHS shall be responsible for acquisition management and shall have the following functions and responsibilities: advising the Secretary on acquisition management activities; leading the acquisition oversight body of DHS, the Acquisition Review Board, and exercising the acquisition decision authority to approve, pause, modify (including the rescission of approvals of program milestones), or cancel major acquisition programs, unless the Under Secretary delegates such authority to a Component Acquisition Executive; establishing policies for acquisition that implement an approach that takes into account risks of failure to achieve cost, schedule, or performance parameters; ensuring that each major acquisition program has a DHS-approved acquisition program baseline; ensuring that the heads of components and component acquisition executives comply with federal law, the Federal Acquisition Regulation, and DHS acquisition management directives; providing additional scrutiny and oversight for an acquisition that is not a major acquisition; ensuring that grants and financial assistance are provided only to individuals and organizations that are not suspended or debarred; distributing guidance throughout DHS to ensure that contractors involved in acquisitions, particularly contractors that access its information systems and technologies, adhere to relevant DHS policies related to physical and information security; overseeing the Component Acquisition Executive organizational structure to ensure component acquisition executives have sufficient capabilities and comply with DHS acquisition policies; and ensuring acquisition decision memoranda adequately document decisions. The Under Secretary may delegate acquisition decision authority for acquisition programs with a specified life cycle cost estimate. The Under Secretary and the Under Secretary for Science and Technology shall cooperate in matters related to the coordination of acquisitions across DHS so that investments of the Directorate of Science and Technology are able to support current and future requirements of DHS components. The bill sets forth the duties of the Under Secretary for Science and Technology with respect to major acquisition programs. (Sec. 1212) The Office of Program Analysis and Evaluation shall oversee the costs of acquisition programs and related activities to ensure that actual and planned costs are in accordance with budget estimates and are affordable, or can be adequately funded, over the life cycle of such programs and activities. (Sec. 1213) This section sets forth additional acquisition responsibilities of the DHS Chief Information Officer. (Sec. 1214) This section establishes the Program Accountability and Risk Management Office in the DHS Management Directorate. The purpose of the office is to: (1) provide consistent accountability, standardization, and transparency of major acquisition programs of DHS; and (2) serve as the central oversight function for all DHS acquisition programs. The office shall be led by an Executive Director, who shall report directly to the Under Secretary for Management, and shall monitor the performance of DHS acquisition programs. Each head of a DHS component shall comply with federal law, the Federal Acquisition Regulation, and DHS acquisition management directives established by the Under Secretary. For each major acquisition program, component heads shall: define baseline requirements and document changes to such requirements; establish a complete life cycle cost estimate; verify each life cycle cost estimate against independent cost estimates, and reconcile any differences; complete a cost-benefit analysis with supporting documentation; develop and maintain a schedule that is consistent with scheduling best practices; and ensure that all acquisition program information is complete, accurate, timely, and valid. For each major acquisition program, the Executive Director responsible for the preparation of the Comprehensive Acquisition Status Report shall require certain acquisition documentation to be submitted by DHS components or offices. DHS may waive such requirement under certain conditions. (Sec. 1215) The Under Secretary for Management may: designate an individual within DHS to manage acquisition innovation efforts; test emerging acquisition best practices to carrying out acquisitions, consistent with the Federal Acquisition Regulation and DHS acquisition management directives; develop and distribute best practices and lessons learned regarding acquisition innovation; establish metrics to measure the effectiveness of acquisition innovation efforts; and determine impacts of acquisition innovation efforts on the private sector. By 90 days after DHS submits its annual budget justification for each of FY2019-FY2023, it shall provide information to the congressional homeland security committees on: emerging acquisition best practices; efforts to distribute best practices and lessons; utilization by components throughout DHS of best practices distributed by the Under Secretary of Management; performance as measured by the metrics established; outcomes of efforts to distribute best practices and lessons learned within DHS; any impacts of the utilization of innovative acquisition mechanisms by DHS on the private sector, including small businesses; criteria used to identify specific acquisition programs or activities to be included in acquisition innovation efforts and the outcomes of such programs or activities; and recommendations to enhance acquisition innovation in DHS. Subtitle B--Acquisition Program Management Discipline (Sec. 1221) DHS shall establish an Acquisition Review Board to: (1) strengthen accountability and uniformity within the DHS acquisition review process, (2) review major acquisition programs (programs estimated to require a total expenditure of at least $300 million over their life cycle costs), and (3) review the use of best practices. The board shall convene at DHS's discretion and whenever: (1) a major acquisition program requires authorization to proceed from one acquisition decision event to another, is in breach of its approved requirements, or requires additional review; or (2) a non-major acquisition program requires review. If the person exercising acquisition decision authority over a major acquisition program approves such program to proceed into the planning phase before such program has a DHS-approved acquisition program baseline, DHS shall: (1) create and approve a baseline report regarding such approval; (2) notify Congress within seven days after an acquisition decision memorandum is signed; and (3) within 60 days after such signing, report on the rationale for such decision and a plan of action to require an acquisition program baseline for such program. DHS shall report annually to the congressional homeland security committees through FY2022 on the board's activities, including information on: any acquisition decision memoranda for each meeting of the board, results of systematic reviews, results of acquisition document reviews, and activities to ensure that practices are adopted and implemented throughout DHS. (Sec. 1222) The DHS Deputy Secretary shall establish DHS-wide policies to integrate all phases of the investment life cycle and help DHS identify, validate, and prioritize common component requirements for major acquisition programs. The policies shall also include strategic alternatives for developing and facilitating a DHS component-driven requirements process that includes oversight of a development test and evaluation capability; identification of priority gaps and overlaps in DHS capability needs; and provision of feasible technical alternatives, including innovative commercially available alternatives, to meet capability needs. The Deputy Secretary shall consult with the Under Secretary for Management, Component Acquisition Executives, and any other DHS officials, including the Under Secretary for Science and Technology, with specific knowledge of DHS or component acquisition capabilities to prevent unnecessary duplication of requirements. The bill sets forth additional responsibilities of the Deputy Secretary with respect to major investments and acquisition programs. (Sec. 1223) DHS may establish a leadership council to ensure coordination and improve programs and activities of DHS. The council shall: (1) serve as coordinating forums; (2) advise the Secretary and Deputy Secretary on DHS strategy, operations, and guidance; and (3) consider and report on such other matters as the Secretary or Deputy Secretary may direct. (Sec. 1224) The GAO shall conduct a review of the effectiveness of the Acquisition Review Board and the requirements established to reduce unnecessary duplication in acquisition programs. (Sec. 1225) DHS must report to Congress on waivers issued to allow agencies to engage in business with a contractor in the Excluded Party List System maintained by the General Services Administration and provide a justification for such waivers. (Sec. 1226) The DHS Inspector General shall: (1) conduct audits regarding grant and procurement awards to identify instances in which a contract or grant was improperly awarded; and (2) review the suspension and debarment program throughout DHS. Subtitle C--Acquisition Program Management Accountability and Transparency (Sec. 1231) If a breach occurs in a major acquisition program, the program manager for such program shall notify the Component Acquisition Executive for such program, the head of the component concerned, the Executive Director of the Program Accountability and Risk Management Division, the Under Secretary for Management, and the Deputy Secretary not later than 30 days after such breach is identified. If a breach occurs in a major acquisition program and such breach results in a cost overrun greater than 15%, a schedule delay greater than 180 days, or a failure to meet any of the performance thresholds, the Component Acquisition Executive for such program shall notify the Secretary and the Inspector General of DHS not later than five business days after the Component Acquisition Executive for such program, the head of the component concerned, the Executive Director of the Program Accountability and Risk Management Division, the Under Secretary for Management, and the Deputy Secretary are notified of the breach. The program manager for a major acquisition program shall submit a remediation plan and root cause analysis for a breach. The Under Secretary for Management shall review the remediation plan. The Under Secretary may approve such plan or provide an alternative proposed corrective action within 30 days of the submission of such plan. The Under Secretary shall submit to the congressional homeland security committees: (1) a copy of the remediation plan and the root cause analysis, and (2) a statement describing the corrective action or actions that have occurred for the major acquisition program at issue. If a likely cost overrun is greater than 20% or a likely delay is greater than 12 months from the costs and schedule specified in the acquisition program baseline for a major acquisition program, the Under Secretary for Management shall include in the notification a written certification, with supporting explanations. (Sec. 1232) DHS must submit to congressional committees and the GAO a multiyear acquisition strategy to guide the overall direction of DHS acquisitions. The GAO shall review the strategy to analyze its effectiveness. (Sec. 1233) At the same time as the President's budget is submitted for a fiscal year, the Under Secretary for Management shall submit to the congressional homeland security committees an annual comprehensive acquisition status report. The report shall include: specified information required under the Consolidated Appropriations Act, 2012; a listing of programs that have been cancelled, modified, paused, or referred to the Under Secretary for Management or Deputy Secretary for additional oversight or action by the board, DHS Office of Inspector General, or the GAO; and a listing of established Executive Steering Committees. The report shall include specified information for major acquisition programs. The Under Secretary for Management shall prepare a quarterly program accountability report to meet the mandate of DHS to perform program health assessments and improve program execution and governance. Not later than 60 days after the enactment of this bill, component heads of DHS shall identify to the Under Secretary for Management all level 3 acquisition programs of each respective component. Not later than 30 days after receipt of such information, the Under Secretary shall certify in writing to the congressional homeland security committees whether such component heads have properly identified such programs. The Under Secretary shall establish a process with a repeatable methodology to continually identify level 3 acquisition programs. Not later than 180 days after the enactment of this bill, component heads of DHS shall submit to the Under Secretary their respective policies and relevant guidance for level 3 acquisition programs of each respective component. Not later than 90 days after receipt of such policies and guidance, the Under Secretary shall certify to the congressional homeland security committees that each component's respective policies and guidance adhere to DHS-wide acquisition policies. TITLE III--INTELLIGENCE AND INFORMATION SHARING Subtitle A--Department of Homeland Security Intelligence Enterprise (Sec. 1301) This title requires the DHS Chief Intelligence Officer, in coordination with other DHS intelligence components, to develop and disseminate DHS-wide guidance for the processing, analysis, production, and dissemination of homeland security information and terrorism information. (Sec. 1302) DHS shall assist the Chief Intelligence Officer by providing experienced staff with appropriate expertise. (Sec. 1303) DHS must conduct assessments of the terrorist threat to the homeland for each of the next five fiscal years. (Sec. 1304) DHS shall develop a framework to integrate existing DHS datasets and systems for access by authorized personnel. (Sec. 1305) DHS shall establish an Insider Threat Program to provide training and education for DHS personnel to identify, prevent, mitigate and respond to insider threat risks. An insider threat is defined as the threat that a person who has access to classified national security information will use that access, wittingly or unwittingly, to do harm to the security of the United States. (Sec. 1306) DHS shall develop and disseminate a threat assessment regarding the actual and potential threat posed by individuals using virtual currency to carry out activities in furtherance of an act of terrorism. (Sec. 1307) DHS must establish a board to coordinate and integrate departmental intelligence, activities, and policy related to the counterterrorism mission and functions of DHS. The board shall advise DHS about the issuance of terrorism alerts. (Sec. 1308) DHS shall conduct a threat assessment on whether human smuggling organizations and transnational gangs are exploiting vulnerabilities in border security screening programs to gain access to the United States and threaten the United States or border security. (Sec. 1309) DHS must review all sensitivity level designations of national security positions and ensure the designation of the sensitivity level of such positions is conducted in a manner consistent with federal guidelines. Subtitle B--Stakeholder Information Sharing (Sec. 1311) DHS's State, Local, and Regional Fusion Center is renamed the Department of Homeland Security Fusion Center Partnership Initiative. A fusion center is a collaborative effort of two or more federal, state, local, or tribal government agencies that combine resources to detect, prevent, and respond to criminal or terrorist activity. (Sec. 1312) The GAO shall conduct an assessment of DHS personnel assigned to fusion centers and whether deploying additional personnel would enhance DHS's mission. (Sec. 1313) DHS shall submit a report on top secret clearance processes. (Sec. 1314) DHS shall conduct an assessment of information systems used to share homeland security information between DHS and fusion centers. (Sec. 1315) DHS must maintain an inventory of DHS facilities certified to house classified infrastructure or systems at the secret level and above. (Sec. 1316) DHS shall share with fusion centers release information of individuals from a federal correctional facility who may pose a terrorist threat. (Sec. 1317) DHS shall report on the activities of the Office for State and Local Law Enforcement, including efforts to coordinate and share information about agency programs, to state, local, and tribal law enforcement agencies. (Sec. 1318) The Office of State and Local Law Enforcement shall produce an annual catalog that summarizes opportunities available to state, local, and tribal law enforcement agencies from DHS. TITLE IV--MARITIME SECURITY (Sec. 1401) This section revises the reporting date for updates of the strategic plan to enhance the security of the international supply chain. (Sec.1402) This section updates reporting requirements for the Container Security Initiative. (Sec. 1403) This section requires the Area Maritime Security Advisory Committee to facilitate the sharing of information relating to cybersecurity risks and incidents for any U.S. port area. (Sec. 1404) This section revises inspection intervals for DHS facilities. (Sec. 1405) This section requires DHS to submit to Congress a maritime operations coordination plan and updates for such plans. (Sec. 1406) The GAO must submit to Congress a report that describes and assesses the state of the Coast Guard's Deployable Specialized Forces. (Sec. 1407) DHS must conduct a cost-benefit analysis for co-locating aviation and maritime operational assets of the Office of Air and Marine Operations at other DHS facilities. (Sec. 1408) The section repeals provisions authorizing interagency operational centers for port security and the program for evaluating and certifying secure systems of international intermodal transportation. (Sec. 1409) DHS must submit to the congressional homeland security committees an assessment of resources for increasing DHS's maritime security capabilities. TITLE V--TRANSPORTATION SECURITY ADMINISTRATION Subtitle A--Administration (Sec. 1501) This title amends the HSA to codify the transfer of the Transportation Security Administration (TSA) from the Department of Transportation (DOT) to DHS. The Administrator of the TSA is included among the DHS officers to be appointed by the President. The Administrator shall be appointed as the head of the TSA for a five-year term at a Level IV position in the Executive Schedule. (Sec. 1502) The title codifies provisions providing for the establishment in the TSA of the following: a Deputy Administrator; an Office of Public Affairs; an Office of Civil Rights and Liberties, Ombudsman, and Traveler Engagement; an Office of Legislative Affairs; an Office of Finance and Administration; an Office of the Chief of Operations; an Office of the Chief of Mission Support; and an Office of Chief Counsel. (Sec. 1503) The Aviation and Transportation Security Act is amended to decrease from 30% to 15% of the annual rate of pay the TSA Administrator may receive as a performance bonus for any calendar year. The bill repeals: TSA's aviation security program for charter air carriers, and grant funding for TSA research and development of aviation security technology. The bill also repeals provisions expressing the sense of the House of Representatives that: the TSA should develop security procedures to allow passengers to transport musical instruments in the cabin of an aircraft, and air carriers that transport U.S. mail under a contract with the U.S. Postal Service (USPS) should transport any animal that the USPS allows to be shipped through the mail. (Sec. 1504) This section requires the TSA to submit annually (currently, biennially): an update to its strategic five-year technology investment plan, and a report on the extent to which security-related technology acquired since the last issuance or update of the plan is consistent with the planned technology programs and projects identified for that security-related technology. The TSA shall also include information about acquisitions completed during the fiscal year preceding the fiscal year in which such report is submitted. The TSA shall: report to Congress on any TSA equipment that is operating after the end of its life-cycle or the end of its useful life projection under the technology investment plan, and notify airports and airlines of any changes to the plan. (Sec. 1505) The TSA shall develop and implement a preventive maintenance validation process for security-related technology deployed to airports. The maintenance contracts for security-related technology deployed to airports shall include penalties for noncompliance whenever preventive or corrective maintenance has not been completed according to contractual requirements and manufacturers' specifications. (Sec. 1506) The TSA shall conduct an efficiency review of itself to identify and effectuate spending reductions and administrative savings. (Sec. 1507) The TSA shall develop a strategic plan to reduce by 20% by June 30, 2019, the number of TSA positions at the Senior Executive Service level. Subtitle B--Passenger Security and Screening (Sec. 1511) DHS shall continue to review all of its trusted traveler vetting programs using representatives from such programs to make recommendations on possible efficiencies. (Sec. 1512) The TSA shall conduct a biometric pilot project at airports to verify the identity of members of the TSA PreCheck or another DHS trusted traveler program providing TSA expedited screening. (Sec. 1513) The TSA shall implement an identity and travel document verification system at all airports for persons entering into the sterile area of an airport. (Sec. 1514) The TSA shall: conduct a computed tomography pilot project to screen baggage at passenger checkpoints, ensure that by December 31, 2018, at least 300 explosives detection canine teams are dedicated to passenger screening at U.S. airports, and require that standard operating procedures at airport checkpoints for passengers and carry-on baggage are carried out in a uniform manner. (Sec. 1517) The TSA shall ensure the availability of the DHS Traveler Redress Inquiry Program (DHS TRIP) redress process to adjudicate inquiries for individuals who: are U.S. citizens or permanent residents, have filed an inquiry with DHS TRIP after receiving enhanced screening at an airport security checkpoint more than 3 times in any 60-day period, and believe they have been wrongly identified as being a threat to aviation security. The TSA shall review and update the Privacy Impact Assessment for the Secure Flight programs and publish it on its website. The TSA shall: conduct a comprehensive review of TSA's intelligence-based screening rules, and ensure such rules are taken into account for Federal Air Marshal mission scheduling. The GAO shall study the effectiveness of such screening rules to identify and mitigate potential threats to aviation security. (Sec. 1518) The TSA is authorized to provide screening services upon request of a commercial charter air carrier in areas other than primary passenger terminals. (Sec. 1519) The TSA shall: develop a standard working document for all Federal Air Marshal Service agreements between the United States and foreign governments, and seek to acquire an automated software capability for the scheduling of such service missions based on current risk modeling. (Sec. 1521) DHS shall audit all of its canine training programs and convene a working group of representatives from all such programs to make recommendations on possible efficiencies from integrating training standards and facilities. The TSA shall develop a canine staffing allocation model to determine the optimal number of passenger screening canines at U.S. airports. (Sec. 1522) The U.S. Ambassador or the charge d'affaires to the United States Mission to the International Civil Aviation Organization shall introduce a resolution to raise minimum standards for airport security. (Sec. 1523) DHS is prohibited from incorporating an increase in the passenger security fee beyond that authorized at the time that its proposed annual budget is transmitted to Congress. (Sec. 1524) The bill revises requirements directing DOT to assess the effectiveness of the security measures maintained at foreign airports. Such assessment shall include the extent such airports screen and vet their airport workers. (Sec. 1525) The bill amends the Gerardo Hernandez Airport Security Act of 2015 to mandate (currently, authorize) the contents of security incident response reports at airports. TSA shall review active shooter response guidelines for DHS personnel and make a recommendation to DHS to modify such guidelines for personnel who are: (1) certified federal law enforcement officials, and (2) uniformed but unarmed security officials. (Sec. 1526) The bill revises security screening opt-out program requirements to decrease from 120 days to 90 days the time that the TSA must approve or deny an application received from an airport operator to have the screening of passengers and property at the airport carried out by the screening personnel of a qualified private screening company. The TSA shall immediately upon issuing a denial (currently, within 60 days) provide the operator a written report of the denial. The TSA shall also make best efforts to enter into a contract with the private screening company to provide screening services at an airport within 180 days after approval of an application. An airport operator who has screening services provided by a private screening company is encouraged to recommend to the TSA innovative screening approaches and technologies. (Sec. 1527) The TSA shall convene a working group consisting of representatives of TSA and labor organizations representing security screeners to discuss reforms to TSA's personnel management system and appeals to the Merit Systems Protection Board and grievance procedures. (Sec. 1528) The TSA may establish a task force to conduct activities designed to identify and develop an innovative technology or capability with the potential of enhancing aviation security prior to TSA's acquisition of such technology or capability. (Sec. 1529) The TSA shall report to Congress on its law enforcement officer reimbursement program. Subtitle C--Transportation Security Screening Personnel Training and Accountability (Sec. 1531) The TSA shall establish: a training program for new security screening personnel located at the Federal Law Enforcement Training Center in Glynco, Georgia; and recurring training of such personnel regarding updates to screening procedures and technologies in response to weaknesses identified in covert tests at airports. The GAO shall report on the effectiveness of the new security screening personnel training at Glynco, Georgia. (Sec. 1532) The TSA shall conduct a study of the cost and feasibility of developing an alternative training program for security screening personnel that is equal to the training program for new security screening personnel located at Glynco, Georgia. (Sec. 1533) The TSA shall ensure that information of a covert test of security screeners by a covert testing office, the DHS Inspector General, or the GAO of a transportation security system is not provided to the screeners to be tested prior to the completion of such test, except an authorized individual conducting such test may provide information of a covert test to: (1) federal employees, officers, and contractors (including military personnel), state and local government employees and officers, and law enforcement officials; and (2) an appropriate individual if a security screener or other individual who is not a covered employee identifies the individual conducting such test as a potential threat. The head of each covert testing office shall ensure that a cover team of covert testing office employees accompany and monitor individuals conducting a covert test of a transportation security system. Subtitle D--Airport Access Controls and Perimeter Security (Sec. 1541) The TSA shall conduct, and submit to Congress and the GAO, a cost and feasibility study of a significant number of Category I, II, III, IV, and X airports assessing the impact if all employee access points from non-secured to secured airport areas are comprised of the following: a secure door utilizing card and pin entry or biometric technology; surveillance video recording capable of storing video data for at least 30 days; and certain advanced screening technologies (including at least one of the following: magnetometer [walk through or hand-held], explosives detection canines or explosives trace detection, advanced imaging technology, or X-ray bag screening technology). The GAO shall assess the completed study and report the results to Congress. The TSA shall work with air carriers, foreign air carriers, airport operators, labor unions representing credentialed employees, and TSA's Aviation Security Advisory Committee to: (1) enhance security awareness of credentialed airport workers regarding insider threats to aviation security and recognized practices related to airport access controls; and (2) assess credentialing standards, policies, and practices to ensure that such threats to aviation security are addressed. The TSA shall also: require the submission of a social security number for each individual applying for a Security Identification Display Area, Sterile Area, or Air Operations Area airport credential; work with airport operators and the TSA Advisory Committee to identify advanced technologies, such as biometric identification technologies, for securing employee access to secured and sterile airport areas; ensure that credentialed aviation worker populations currently requiring a finger-print-based criminal record history check are continuously vetted through the Federal Bureau of Investigation's Rap Back Service to mitigate insider threats; enhance its ability to educate TSA personnel on and better mitigate such threats to aviation security; ensure that TSA employee physical inspection efforts of aviation workers (Playbook operations) are focused on providing the greatest level of security effectiveness; and conduct covert testing of TSA employee screening operations at airports. The TSA shall establish a national database of individuals who have had either their airport or airport operator-issued badge revoked for failure to comply with aviation security requirements, as well as a process to allow individuals whose names were mistakenly entered into such database to correct the record and have their names removed from it. DHS is designated as the lead interagency coordinator of insider threat investigations and mitigation efforts at airports. (Sec. 1542) The TSA shall: update the Transportation Sector Security Rick Assessment for the aviation sector; update the Comprehensive Risk Assessment of Perimeter and Access Control Security for airports; conduct a system-wide assessment of airport access control points and airport perimeter security, including cargo facilities; and update the 2012 National Strategy for Airport Perimeter and Access Control Security. (Sec. 1543) The bill authorizes appropriations for FY2018-FY2019 for: (1) TSA monitoring of passenger exit points from the sterile area of airports, and (2) deployment of armed law enforcement personnel at each airport security screening location. Subtitle E--Air Cargo Security (Sec. 1551) DHS shall establish: (1) an air cargo advance screening (ACAS) program for the collection by the U.S. Customs and Border Protection (CBP) of advance electronic information from air carriers and other persons within the supply chain regarding cargo transported to the United States; and (2) a system that will allow freight forwarders, shippers, and air carriers to provide data on air cargo shipments departing from any location and bound to the United States. DHS shall ensure that all high-risk cargo is inspected prior to being loaded onto aircraft at the last point of departure or at an earlier point in the supply chain. DHS shall report to Congress detailing the operational implementation of providing advance information under the ACAS program and the value of such information in targeting cargo. (Sec. 1552) The bill amends the Implementing Recommendations of the 9/11 Commission Act of 2007 to direct the TSA to: develop and issue standards for the use of third-party explosives detection canine teams for the primary screening of air cargo; develop a process to identify qualified non-federal entities that will certify such canine teams as meeting such standards; and provide that canines certified for the primary screening of air cargo can be used by air carriers, foreign air carriers, freight forwarders, and shippers. Subtitle F--Information Sharing and Cybersecurity (Sec. 1561) The TSA shall require each Federal Security Director of an airport to: meet quarterly with the airport director, airport security coordinator, and law enforcement agencies serving each airport to discuss incident management protocols, including resolution of screening anomalies at passenger screening checkpoints; and inform, consult, and coordinate with the airport security coordinator in a timely manner on security matters impacting airport operations and to establish and maintain protocols for such airport operators to ensure coordinated responses to such matters. The TSA shall also: develop a plan to improve intelligence information sharing with state and local entities that includes best practices to ensure that such information is actionable, useful, and not redundant; and establish a mechanism to share best practices among federal, state, local, and tribal entities relating to employee training, employee professional development, technology development and deployment, hardening tactics, and passenger and employee awareness programs. DHS shall: develop, implement, and update biennially a cybersecurity risk assessment model for aviation security that is consistent with the National Institute of Standards and Technology Framework for Improvement Critical Infrastructure Cybersecurity; establish guidelines for voluntary reporting of aviation-related cybersecurity risks and incidents to the DHS national cybersecurity and communications integration center and other appropriate federal agencies; direct the sharing of information regarding cybersecurity risks and incidents to address aviation-specific risks and, upon request, conduct cybersecurity vulnerability assessments for airports and air carriers; and evaluate the cybersecurity of TSA databases for trusted traveler and credentialing programs, including the Transportation Worker Identification Credential and Pre-Check trusted travelers programs, and develop information on any cybersecurity vulnerabilities and remediation plans for such vulnerabilities. Subtitle G--Surface Transportation Security (Sec. 1572) DHS shall: assess the vulnerabilities of and risks to surface transportation systems, develop and implement a risk-based security strategy to mitigate such vulnerabilities and risks, and coordinate with the heads of other federal agencies and stakeholders in developing and implementing such strategy. (Sec. 1573) The TSA shall submit to Congress a report that contains a risk-based budget and resource allocation plan for surface transportation sectors that: (1) reflects the risk-based security strategy; and (2) is organized by appropriations account, program, project, and initiative. The President's budget shall include a separate statement clearly distinguishing the resources requested for surface transportation security from the resources requested for aviation security. DHS shall notify Congress not later than 15 days after the TSA allocates any resources or personnel, or the use of facilities, technology systems, or vetting resources, for a non-transportation security purpose or National Special Security Event. (Sec. 1574) The GAO shall review, and report on: (1) the staffing, budget, resource, and personnel allocation, and management oversight strategy of TSA's surface transportation security programs; and (2) the coordination between the TSA, other federal, state, or local agencies with jurisdiction over a mode of surface transportation, critical infrastructure entities, the Transportation Systems Sector Coordinating Council, and relevant stakeholders. (Sec. 1575) The TSA shall make available through a public website information on the status of each surface transportation security regulation that is directed by law to be issued but that has not been issued for more than two years since enactment of each such law. The DHS Inspector General, not later than 180 days after enactment of this bill and biennially thereafter until all of the requirements under titles XIII (Transportation Security Enhancements), XIV (Public Transportation Security), and XV (Surface Transportation Security) of the Implementing Recommendations of the 9/11 Commission Act of 2007 and under this bill have been fully implemented, shall report on such requirements that have not been fully implemented and recommendations on whether they should be amended or repealed. (Sec. 1576) The TSA is authorized to maintain, at the request of and in collaboration with federal, state, and local transportation stakeholders, for the deployment of 30 Visible Intermodal Prevention and Response (VIPR) teams to prevent acts of terrorism against U.S. transportation systems and for other counterterrorism purposes. TSA shall notify Congress if it determines the number of VIPR teams should be reduced to less than 30. In forming a VIPR team, DHS shall, prior to and during the deployment, consult with all transportation entities directly affected by such deployment as to specific locations and times within the facilities of such entities at which such teams are to be deployed to maximize its effectiveness. TSA shall develop and implement qualitative performance measures to assess the effectiveness of VIPR team operations as well as a plan for ensuring the interoperability of communications among VIPR teams participants and between VIPR teams and transportation entities. (Sec. 1577) The TSA shall establish the Surface Transportation Security Advisory Committee to make recommendations on surface transportation security matters. (Sec. 1578) The DHS Inspector General shall review and report on TSA's explosives detection canine team program. (Sec. 1579) Before the DHS Inspector General submits the report on the explosives detection canine team program, the TSA may increase up to 70 the number of state and local surface and maritime transportation explosives detection canine teams. After such report is submitted, DHS may increase up to 200 the number of additional teams. (Sec. 1580) DHS shall prioritize the research and facilitation of next generation technologies to detect explosives in the nation's surface transportation systems. (Sec. 1581) The GAO shall study, and report on, how the TSA: (1) identifies and compares U.S. and foreign passenger transportation system security standards and best practices for protecting passenger transportation systems, shared terminal facilities, and cyber systems; and (2) disseminates such findings to transportation stakeholders. (Sec. 1582) The bill expands the permissible uses of railroad security improvement grants to include one or more of the following: (1) for communications interoperability where appropriate with relevant outside transportation agencies and entities; (2) for the security preparedness of intercity passenger railroad stations, trains, infrastructure, and security capital improvement projects; (3) for the sharing of intelligence and information about security preparedness, including connectivity to the Federal Bureau of Investigation's (FBI) National Terrorist Screening Center (TSC); and (4) to hire, train, and employ preparedness officers. DHS is authorized to make grants to the National Railroad Passenger Corporation (Amtrak) for specific systemwide security upgrade projects, including: (1) to connect to the TSC watchlist, (2) improvements to passenger and Amtrak employee and contractor verification systems (including identity verification technology), or (3) improvements to the security of Amtrak computer systems, including cybersecurity assessments and programs. (Sec. 1583) The GAO shall submit to Congress a report that: (1) identifies any duplication or redundancy between the TSA and DOT relating to surface transportation security inspections or oversight; and (2) provides recommendations relating to improvements to TSA's Surface Transportation Security Inspectors program. (Sec. 1584) The TSA shall establish a security awareness program for the training of surface transportation operators and frontline employees to obtain the necessary skills to observe, assess, and respond to suspicious items or actions that could be a threat to transportation. DHS shall: (1) ensure there exists a national mechanism for individuals to report to DHS suspicious activity in transportation systems; and (2) establish procedures to review and follow-up on each such report and to share it with appropriate federal, state, local, and tribal entities. (Sec. 1585) An individual subject to credentialing or a background investigation prior to the issuance of a license to operate a motor vehicle to transport hazardous material (hazmat) may satisfy such requirement by obtaining a valid transportation security card. A "valid transportation security card" means a transportation security card issued by the U.S. Coast Guard that is: (1) not expired, (2) shows no signs of tampering, and (3) bears a photograph of the individual representing such card. (Sec. 1586) This section revises state limitations on the issuance of a hazmat license to allow an individual who holds a valid transportation security card to be issued such a license. (Sec. 1587) The Coast Guard shall develop and implement a plan to utilize the FBI's Rap Back Service to establish recurrent vetting for individuals holding valid transportation security cards. (Sec. 1588) The GAO shall study DHS and DOT roles and responsibilities regarding pipeline security. Subtitle H--Security Enhancements in Public Areas of Transportation Facilities (Sec. 1591) DHS may establish a working group to promote collaboration between DHS and public and private stakeholders to develop non-binding recommendations for enhancing security in public areas of transportations facilities. (Sec. 1592) DHS shall: (1) inform public and private sector stakeholders of the availability of DHS technical assistance and vulnerability assessment tools to help enhance security in public areas of transportation facilities, and (2) publish and widely disseminate best practices for protecting and enhancing the resilience of such areas. (Sec. 1593) The TSA shall make available to public and private stakeholders a framework to establish an operations center within a transportation facility to promote interagency response and coordination. (Sec. 1594) The TSA shall review, and report on, its regulations, directives, policies, and procedures regarding the transportation of a firearm and ammunition aboard passenger aircraft and information on plans to modify them based on such review. (Sec. 1595) The term "public and private stakeholders" means federal, state, and local agencies, tribal governments, and appropriate private entities, including nonprofit employee labor organizations representing transportation employees. TITLE VI-- EMERGENCY PREPAREDNESS, RESPONSE, AND COMMUNICATIONS Subtitle A--Grants, Training, Exercises, and Coordination (Sec. 1601) This section amends the HSA to require a state to 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 the Urban Area Security Initiative (UASI) are to be expended within 90 days of the date on which such funds are retained. As a condition of receiving a grant, each such area must submit to FEMA a threat and hazard identification and risk assessment and capability assessment. (Sec. 1602) Each state, as a condition of receiving a grant under the State Homeland Security Grant Program (SHSGP), must submit to FEMA a threat and hazard identification and risk assessment and capability assessment. (Sec. 1603) DHS must make available funds provided for homeland security grants to directly eligible tribes for at least 36 months. (Sec. 1604) FEMA, in coordination with the DHS Assistant Secretary for State and Local Law Enforcement, shall report annually from FY2018-FY2022 on the use of UASI and SHSGP grants for law enforcement terrorism prevention activities, including the percentage and dollar amount of funds used for such activities and the types of projects funded. (Sec. 1605) FEMA shall consider, in allocating funds among states and high-risk urban areas applying for UASI or SHSGP grants, to consider: (1) each state or high-risk area's population, including consideration of domestic and international tourists and military populations; (2) threat information from relevant federal agencies and field offices; and (3) the extent to which they have unmet core capabilities. FEMA must review and report on the risk formula and methodology used to award UASI and SHSGP grants, including a discussion of any necessary changes to such formula to ensure grant awards are appropriately based on risk. The GAO shall review and assess the risk formula and methodology used to award such grants. (Sec. 1606) This section sets forth additional allowable uses of UASI and SHSGP grants. (Sec. 1607) FEMA must implement a uniform process for reviewing applications for using grants to purchase equipment or systems that do not meet or exceed any applicable national voluntary consensus standards developed under the Post-Katrina Emergency Management Reform Act of 2006. The DHS Inspector General shall submit a report assessing the implementation of the review process. (Sec. 1608) FEMA shall enter into memoranda of understanding with DHS components and offices delineating their roles and responsibilities regarding the policy and guidance for various homeland security grants. (Sec. 1609) FEMA must study, and report on, an assessment of information provided in State Preparedness Reports required under the Post-Katrina Emergency Management Reform Act of 2006 and Threat and Hazard Identification and Risk Assessments. (Sec. 1610) FEMA shall include in the annual Notice of Funding Opportunity relating to UASI and SHSGP grants an appendix that includes: (1) a summary of findings identified by the DHS Inspector General in audits of such grants and methods to address areas identified for improvement; and (2) innovative projects and best practices instituted by grant recipients. (Sec. 1611) DHS may not implement the National Preparedness Grant Program or any successor consolidated grant program unless it receives prior authorization from Congress. (Sec. 1612) Any applicant for a UASI or SHSGP grant to purchase equipment shall develop a plan for the maintenance of such equipment over its life-cycle that includes information identifying which entity is responsible for such maintenance. (Sec. 1613) This section amends the Implementing Recommendations of the 9/11 Commission Act of 2007 to require funds provided under the Transit Security Grant Program for capital and operating uses to remain available to grant recipients for at least 36 months, and for at least 55 months for security improvements for public transportation systems and infrastructure. (Sec. 1614) DHS shall make funds provided under the Port Security Grant Program available to grant recipients for at least 36 months. (Sec. 1615) The functions of the national cybersecurity and communications integration center shall include: (1) sharing analysis conducted among state, local, and regional fusion centers; and (2) providing best practices on security and resilience measures and best practices to facilitate information security. It is the sense of Congress that DHS should work to share actionable information related to cyber threats. (Sec. 1616) DHS shall carry out a program to make grants to emergency response providers to prevent, prepare for, and respond to emerging terrorist attack scenarios, including complex, coordinated terrorist attacks and active shooters against major metropolitan areas. (Sec. 1617) This section establishes in DHS Operation Stonegarden under which FEMA shall make grants to law enforcement agencies, through the State Administrative Agency, to enhance border security. To be eligible for a grant, a law enforcement agency must be: (1) located in a state bordering either Canada or Mexico, or a state or territory with a maritime border; and (2) involved in an active, ongoing U.S. Customs and Border Protection operation coordinated through a sector office. The recipient of a grant may use such grant for: (1) equipment, including maintenance and sustainment costs; (2) personnel, including overtime and backfill, in support of enhanced border law enforcement activities; and (3) any activity permitted for Operation Stonegarden under DHS's FY2016 Homeland Security Grant Program Notice of Funding Opportunity. (Sec. 1618) This section establishes in DHS a Non-Profit Security Grant Program, under which FEMA shall make grants to tax-exempt organizations at risk for a terrorist attack for target hardening and other security enhancements to protect against terrorist attacks. (Sec. 1619) FEMA must conduct a study on the use of UASI and SHSGP grant funds, including information on: the amount of grant funds invested or obligated annually during FY2006-FY2016 to support efforts to prepare for and respond to cybersecurity risks and incidents, the degree to which grantees identify cybersecurity as a capability gap in the Threat and Hazard Identification and Risk Assessment, obstacles and challenges related to using grant funds to improve cybersecurity, and plans for future efforts to encourage grantees to use grant funds to improve cybersecurity capabilities. Subtitle B--Communications (Sec. 1631) DHS may not change the location or reporting structure of its Office of Emergency Communications without prior authorization from the congressional homeland security committees. (Sec. 1632) The responsibilities of the Director for Emergency Communications and the Chief Information Officer are modified to repeal the requirement that the director administer DHS's authorities relating to the Integrated Wireless Network program and to require the director to: (1) administer the Government Emergency Telecommunications Service and Wireless Priority Service programs or successor programs, and (2) assess the impact of emerging technologies on interoperable emergency communications. (Sec. 1633) The Office of Emergency Communications shall report to Congress on its programs and activities annually for the next five years. (Sec. 1634) The director must update the the National Emergency Communications Plan at least every five years (currently, periodically). Such plan must consider the impact of emerging technologies on the attainment of interoperable emergency communications. (Sec. 1636) The National Protection and Programs Directorate shall provide to Congress information on DHS's responsibilities related to the development of the nationwide Public Safety Broadband Network, including information on DHS efforts to work with the First Responder Network Authority of the Department of Commerce to identify and address cyber risks that could impact the availability and operations of such network and recommendations to mitigate such risks. (Sec. 1637) The DHS Under Secretary for Management shall develop a mechanism to verify that radio users within DHS receive training on the use of DHS radio systems, including interagency radio use protocols. Subtitle C--Medical Preparedness (Sec. 1641) The responsibilities of the DHS Chief Medical Officer (CMO) are modified to include: establishing medical and human, animal, and occupational health exposure policy, guidance, strategies, and initiatives; providing 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; coordinating DHS's policy, strategy, and preparedness for pandemics and emerging infectious diseases; serving as the DHS's primary point of contact with respect to emergency medical services and medical first responder stakeholders; ensuring that the workforce of DHS has evidence-based policy, standards, requirements, and metrics for occupational health and operational medicine programs; directing and maintaining a coordinated system for medical support for DHS's operational activities; providing oversight of DHS's medical programs and providers; and maintaining a medical countermeasures stockpile and dispensing system to facilitate personnel readiness and protection for DHS's employees and working animals and individuals in its care and custody in the event of a chemical, biological, radiological, nuclear, or explosives attack, naturally occurring disease outbreak, or pandemic. The CMO may provide medical liaisons to DHS components to provide subject matter expertise on medical and public health issues and a direct link to the CMO. (Sec. 1642) DHS must establish a medical countermeasures program to facilitate personnel readiness and protection for DHS's employees and working animals and individuals in its care and custody in the event of an attack, a naturally occurring disease outbreak, or a pandemic and to support DHS mission continuity. The CMO shall provide programmatic oversight of the program and shall: develop DHS-wide standards for medical countermeasure storage, security, dispensing, and documentation; maintain a stockpile of medical countermeasures; preposition appropriate medical countermeasures in strategic locations nationwide, based on threat and employee density; provide oversight and guidance on dispensing of stockpiled medical countermeasures; ensure rapid deployment and dispensing of medical countermeasures in a chemical, biological, radiological, nuclear, or explosives attack, naturally occurring disease outbreak, or pandemic; provide training to DHS employees on medical countermeasure dispensing; and support dispensing exercises. The CMO shall: (1) establish a medical countermeasures working group to ensure that medical countermeasures standards are maintained and guidance is consistent, and (2) develop and submit to the DHS Secretary an integrated logistics support plan for medical countermeasures. Title VII--OTHER MATTERS (Sec. 1701) DHS must review its existing policy memoranda to determine whether such memoranda should remain in effect and if so, whether any should be modified. (Sec. 1702) The authority of DHS to issue Asia-Pacific Economic Cooperation business travel cards is made permanent. (Sec. 1703) The bill authorizes appropriations for the DHS Office of Inspector General for FY2018 and FY2019. (Sec. 1704) U.S. Customs and Border Protection may request additional canine teams when there is a justified and documented shortage and such additional teams would be effective for drug detection at the border. DIVISION B--U.S. IMMIGRATION AND CUSTOMS ENFORCEMENT Immigration and Customs Enforcement Authorization Act of 2017 (Sec. 2002) This division amends the HSA to set forth statutory authority for U.S. Immigration and Customs Enforcement (ICE) within DHS. ICE shall seek the removal of inadmissible and deportable aliens and otherwise enforce the immigration laws other than through criminal prosecutions. ICE shall investigate and, where appropriate, refer for prosecution any criminal or civil violation of federal law relating to: immigration laws; border control and security; customs and trade laws; imports or exports; financial crimes with an international nexus; transnational gang activity; firearms, explosives, or other destructive devices involving an alien; severe forms of trafficking in persons; fraudulent immigration documents or fraudulently obtained immigration benefits; unlawful use of personal information, including immigration document fraud; or drug laws in the context of cross-border criminal activity. The division prescribes other ICE responsibilities, including: (1) administering the National Intellectual Property Rights Coordination Center; (2) coordinating with federal, state, local, tribal, and foreign agencies; (3) establishing staff liaison offices and units in foreign countries to support counterterrorism efforts; (4) establishing interagency law enforcement centers; (5) administering the Border Enforcement Security Task Force; (6) operating the Cyber Crimes Center; and (7) administering internal conspiracy investigations at U.S. ports of entry. The division sets forth statutory authority for ICE's Office of Homeland Security Investigations, which shall: (1) investigate terrorist organizations and other criminal organizations; (2) investigate and refer for prosecution any criminal or civil violation of federal law, including money laundering, cyber crimes, human trafficking, and narcotics and weapons trafficking; (3) collect foreign student information; and (4) administer a National Export Enforcement Coordination Center, a Human Smuggling and Trafficking Center, and a Bulk Cash Smuggling Center. The division sets forth statutory authority for ICE's Office of Enforcement and Removal Operations, which shall: (1) serve as ICE's law enforcement office with primary responsibility to enforce U.S. civil immigration and nationality laws; (2) identify, arrest, and seek the removal of aliens who are inadmissible or deportable, criminal gang members, or threats to public safety; (3) have custody over detained aliens and manage ICE detention operations; and (4) manage the execution of exclusion, deportation, and removal orders. The division sets forth statutory authority for ICE's Office of the Principal Legal Advisor, which shall: (1) provide legal advice and policy guidance, and (2) represent DHS and ICE in appropriate proceedings and venues. The division sets forth statutory authority for ICE's Office of Professional Responsibility, which shall: (1) investigate allegations of administrative, civil, and criminal misconduct involving ICE employees or contractors; (2) inspect and review ICE offices, operations, and processes; and (3) manage ICE's security programs. The division sets forth statutory authority for ICE's Office of Management and Administration, which shall: (1) administer the Office of Human Capital, the Office of Chief Financial Officer, and the Office of Policy; (2) create best practices for Freedom of Information Act (FOIA) requests; and (3) manage information technology systems. The individual serving as the Director of ICE on the day before the enactment of this division may continue to serve until the earlier of the date on which: (1) such individual is no longer eligible to serve as director, or (2) a person nominated by the President to be the director is confirmed by the Senate. Statutory references to the Bureau of Border Security are removed. DIVISION C--UNITED STATES CITIZENSHIP AND IMMIGRATION SERVICES United States Citizenship and Immigration Services Authorization Act (Sec. 3002) The HSA is amended to set forth statutory authority for: (1) the United States Citizenship and Immigration Services (USCIS) within DHS; (2) USCIS's Office of the Chief Counsel, which shall provide legal advice and other assistance to USCIS and represent USCIS in visa petition appeals; (3) USCIS's Office of Policy and Strategy, which shall develop and coordinate policy and strategy recommendations; and (4) USCIS's Office of Citizenship, which shall promote citizenship training and civic integration for aliens who are interested in becoming naturalized U.S. citizens. The division sets forth statutory authority for USCIS's Fraud Detection and National Security Directorate, which shall: (1) seek to prevent immigration benefits from being granted to individuals who are a national security or public safety threat, (2) seek to prevent immigration benefits fraud, (3) conduct security and background investigations and develop fraud prevention systems and techniques, and (4) investigate and refer incidents of fraud to ICE. The division sets forth statutory authority for USCIS's Immigration Records and Identity Services Directorate, which shall manage: (1) an employment eligibility verification system, (2) the Systematic Alien Verification for Entitlements Program, (3) biometric services, and (4) immigration records. The division sets forth statutory authority for USCIS's Field Operations Directorate, which shall: (1) oversee all field offices, (2) conduct interviews and oversee the adjudication of immigration benefits applications, (3) oversee the adjudication of naturalization applications and conduct naturalization ceremonies, and (4) conduct security and background checks. The division sets forth statutory authority for USCIS's: (1) Refugee, Asylum, and International Operations Directorate, which shall oversee refugee and asylum application adjudications and interviews; (2) Service Center Operations Directorate, which shall oversee all service centers; and (3) Management Directorate, which shall carry out management duties. The division sets forth statutory authority for USCIS's Office of Professional Responsibility, which shall (1) seek to ensure compliance with USCIS programs and policies relating to corruption, misconduct, or mismanagement; and (2) investigate allegations of administrative, civil, and criminal misconduct involving USCIS employees or contractors. The individual serving as the Director of USCIS on the day before the date of enactment of this division may continue to serve until the earlier of the date on which: (1) such individual is no longer eligible to serve as director, or (2) a person nominated by the President to be the director is confirmed by the Senate. Statutory references to the Bureau of Citizenship and Immigration Services are removed. DIVISION D--UNITED STATES SECRET SERVICE Secret Service Reauthorization Act of 2017 (Sec. 4002) The bill amends the federal criminal code to: (1) make the Director of the Secret Service a presidential appointment, subject to the advice and consent of the Senate; (2) prohibit knowingly entering an object into any restricted building or grounds to impede or disrupt the orderly conduct of government business or official functions; and (3) prohibit knowingly and willfully threatening to kill, kidnap, or harm former Vice Presidents, their spouses, or their children under age 16 or any person protected by the Secret Service under a presidential memorandum. (Sec. 4005) The director must increase the annual number of training hours for Secret Service officers and agents. (Sec. 4006) The director is authorized to construct facilities at the Rowley Training Center to improve the training of U.S. Secret Service Uniformed Division officers and Secret Service agents. (Sec. 4007) The director shall adopt improved procedures for: (1) evaluating vulnerabilities in White House security and threats to persons protected by the Secret Service, and (2) evaluating the use of technology to improve such security and respond to such threats. (Sec. 4009) The director is required to evaluate the practicability of equipping agents and officers with weapons other than those currently provided. (Sec. 4010) Provisions of the Presidential Protection Assistance Act of 1976 requiring expenditures above a specified amount by the Secret Service for securing any non-governmental property in addition to the one non-governmental property designated by each protectee to be approved by the House and Senate Appropriations Committees are replaced with provisions requiring the Secret Service to notify such committees of any such expenditures. (Sec. 4011) The director shall establish an Ethics Program Office. (Sec. 4012) A Secret Service officer may provide armed protective services authorized by statute or pursuant to a presidential memorandum at any place where a general or special election is held. (Sec. 4013) The bill expresses the sense of Congress that DHS or the director shall make an assessment of the physical security of the White House and attendant grounds. Any resulting security-related enhancements shall be accorded substantial deference by the National Capital Planning Commission, the Commission of Fine Arts, and any other relevant entities. DIVISION E--COAST GUARD Coast Guard Authorization Act of 2017 TITLE I--AUTHORIZATIONS (Sec. 5101) This title reauthorizes Coast Guard programs and activities and levels of military strength and training for FY2018-FY2019. TITLE II--COAST GUARD (Sec. 5201) The Coast Guard may make training available to public safety personnel if Coast Guard members are unable to participate in such training and such training would further the goal of interoperability amount federal and nonfederal agencies. (Sec. 5202) The President may reduce the period of active commissioned service required for Coast Guard officers who retire in FY2017 or FY2018. (Sec. 5203) This section increases the maximum ratio of the number of Coast Guard officers in a promotion zone to the number of officers to be promoted. (Sec. 5205) This section repeals the provision that allows enlisted members discharged for bad conduct, undesirability, or inaptitude to be furnished civilian clothing. (Sec. 5206) The Coast Guard shall establish a land-based unmanned aircraft system program. (Sec. 5207) State-licensed health care professionals who work with the Coast Guard may practice their health profession at any location in the United States if the practice is within the scope of their authorized federal duties. (Sec. 5208) The Coast Guard Yard and related shipyard and marine maintenance facilities may enter into contracts that include performance incentives. (Sec. 5209) The Coast Guard shall maintain its cutters to the standard set by the American Bureau of Shipping. (Sec. 5210) The Coast Guard shall appoint a Director of Congressional Affairs from among its officers who are in a grade above captain. (Sec. 5211) This section expands the Coast Guard's authority to enter into contracts for major acquisitions. (Sec. 5212) The Coast Guard may not certify its eighth National Security Cutter as operational until it reports to Congress on the operating costs of its fleet. (Sec. 5213) This section eliminates a requirement that mariners complete an approved refresher or recertification course to maintain their radar observer endorsement. (Sec. 5214) This section extends indefinitely the prohibition on the Coast Guard closing air facilities. (Sec. 5215) This section extends through FY2021 the authority of the Coast Guard to hire acquisition workforce under expedited hiring authority. (Sec. 5216) This section authorizes procurement of three Fast Response Cutters, trials of icebreaker vessels, construction and repair of shoreside facilities, and improvements to the MH-65 helicopter fleet. (Sec. 5220) The Coast Guard must submit to Congress a plan to replace or extend the life of its fleet of inland water vessels and Bay-class icebreakers. (Sec. 5221) The Coast Guard must report to Congress on its sexual assault prevention and response policies and its strategic goals related to sexual assault victim recovery. TITLE III--PORTS AND WATERWAYS SAFETY (Sec. 5301) This title revises and reorganizes federal statutes to create a separate chapter for the Ports and Waterways Safety Act and related provisions. (Sec. 5302) This section revises requirements for electronic charts, including to exempt certain foreign vessels from such requirements. (Sec. 5305) This section eliminates the Houston-Galveston Navigation Safety Advisory Committee. (Sec. 5306) The Coast Guard may issue regulations to promote safety during regattas or marine parades. TITLE IV--MARITIME TRANSPORTATION SAFETY (Sec. 5401) The bill revises provisions regarding maritime documentation requirements. (Sec. 5403) The Coast Guard may (currently, must) require an undocumented barge of more than 100 gross tons operating on the navigable waters of the United States to be numbered. (Sec. 5404) The bill revises Coast Guard and bridge owner duties related to schedule changes governing the opening of a drawbridge that will be in effect for less than six months. (Sec. 5405) The bill revises provisions regarding an alternative safety compliance program for certain fishing, fish processing, or fish tender vessels. (Sec. 5407) The Coast Guard shall establish a performance standard for distress signals that may be used as an alternative to established distress signals. (Sec. 5408) The Coast Guard shall notify Congress of action taken to carry out the recommendations contained in the final report issued by the Atlantic Coast Port Access Route Study workgroup, published March 14, 2016. (Sec. 5409) Coast Guard personnel performing nonrecreational vessel documentation functions may perform recreational vessel documentation under specified circumstances. (Sec. 5410) A recreational endorsement for a vessel shall be effective for five years, subject to certain exceptions. The Coast Guard must charge a fee for recreational endorsements equivalent to the fee charged for fishery endorsements. (Sec. 5411) The Coast Guard shall provide for a reliable land-based enhanced LORAN, or eLORAN, positioning, navigation, and timing system. (Sec. 5412) The bill exempts The Volunteer (Hull Number CCA4108), a replica canal boat operating on the Illinois and Michigan Canal, from various requirements applicable to vessels on navigable waters. (Sec. 5413) The bill allows uninspected passenger vessels on Crane Lake in St. Louis County, Minnesota to carry up to 12 passengers. (Sec. 5414) The Coast Guard shall require associated equipment manufacturers, distributors, and dealers installing propulsion machinery and associated starting controls on certain recreational vessels to install an engine cut-off switch in compliance with American Boat and Yacht Standard A-33. (Sec. 5415) The Coast Guard shall notify Congress on the status of the implementation of the survey and classification requirements for fishing, fish tender, and fish processing vessel certification. TITLE V--MISCELLANEOUS (Sec. 5501) The bill eliminates a provision that required a report to Congress on the feasibility of accelerating the rate of procurement for the Coast Guard's Integrated Deepwater System. (Sec. 5502) The Coast Guard may reimburse a nonfederal entity for costs incurred by the entity for a covered project, subject to certain conditions. A covered project is defined as a project carried out by a non-federal entity to construct and establish an aid to navigation that facilitates safe and efficient marine transportation on a federal navigation project authorized by the Water Resources Development Act of 2007. (Sec. 5503) The Coast Guard may issue a certificate of documentation with a fishery endorsement for the F/V Western Challenger (IMO number 5388108). (Sec. 5504) The bill eliminates a provision that required DOT to transfer the Ship Shoal Lighthouse in the Gulf of Mexico to the city of Berwick, Louisiana. (Sec. 5505) The Coast Guard shall enter into an arrangement with the National Academy of Sciences under which the academy shall prepare an assessment of available unmanned, autonomous, or remotely controlled maritime domain awareness technologies for use by the Coast Guard. (Sec. 5506) The Coast Guard shall compare the costs to the government of towing vessel inspections performed by the Coast Guard and such inspections performed by a third party and revise inspection fees, as necessary. (Sec. 5507) This section eliminates GAO audits of the Oil Spill Liability Trust Fund and revises provisions regarding Coast Guard reporting of incidents that result in disbursements from the fund. (Sec. 5508) The Department of the Interior is authorized to exchange land with a private owner in Ayakulik Island, Alaska. (Sec. 5509) The Coast Guard shall submit to Congress a report on the oil spill prevention and response capabilities available for the area covered by the Captain of the Port Zone that includes the Arctic. (Sec. 5510) The Coast Guard shall report to Congress on public comments received on proposals to establish additional anchorages on the Hudson River between Yonkers, New York, and Kingston, New York. The Coast Guard may not establish any of these additional anchorages until 180 days after reporting to Congress. (Sec. 5511) The Coast Guard shall review its policies and procedures for public safety answering points and search-and-rescue coordination with state and local law enforcement. (Sec. 5512) The Coast Guard may issue a certificate of documentation with a coastwise and a fishery endorsement for the vessel America's Finest (United States official number 1276760). DIVISION F--FEDERAL EMERGENCY MANAGEMENT AGENCY (FEMA) FEMA Reauthorization Act of 2017 (Sec. 6002) The Post-Katrina Emergency Management Reform Act of 2006 is amended to reauthorize the Federal Emergency Management Agency (FEMA) through FY2020. (Sec. 6003) The National Advisory Council shall: (1) begin a comprehensive study relating to disaster costs and losses and federal disaster assistance within 30 days of this bill's enactment; and (2) convene to evaluate disaster costs and losses and federal disaster assistance, including consideration of trends and contributing factors and disaster roles and responsibility. The council shall: (1) develop recommendations to reduce disaster costs and losses and to more efficiently and effectively deliver federal disaster assistance, and (2) report to Congress and FEMA on such recommendations. (Sec. 6004) The Implementing Recommendations of the 9/11 Commission Act is amended to require training, to the extent practicable, in settings that simulate real response environments, such as urban areas, and to reauthorize through FY2020: (1) the Center for Domestic Preparedness, and (2) the National Domestic Preparedness Consortium. (Sec. 6005) DHS is authorized to establish a Rural Domestic Preparedness Consortium within DHS consisting of universities and nonprofit organizations qualified to provide training to emergency response providers from rural communities. The consortium shall identify, develop, test, and deliver training to state, local, and tribal emergency response providers from rural communities, provide on-site and mobile training, and facilitate the delivery of training by the training partners of DHS. (Sec. 6006) FEMA shall be responsible for protecting the nation against the loss of life and property from an earthquake, tsunami, or combined earthquake and tsunami event. (Sec. 6007) The bill declares that actions attributed to or taken by FEMA under the National Flood Insurance Act of 1968 and other disaster-related authorities do not create a federal nexus for purposes of applying interagency consultation requirements under the Endangered Species Act of 1973. (Sec. 6008) The bill provides for the establishment in FEMA of a Center for Faith-Based Neighborhood Partnerships. The center's mission shall be to develop and coordinate DHS outreach efforts with faith-based and community organizations and serve as a liaison between such organizations and DHS components for activities related to securing facilities, emergency preparedness and response, and combating human trafficking. In support of such mission, FEMA shall: develop exercises that engage faith-based and community organizations to test capabilities for all hazards, including active shooter incidents; coordinate the delivery of guidance and training to faith-based and community organizations related to securing their facilities against natural disasters, acts of terrorism, and other man-made disasters; conduct outreach to faith-based and community organizations to assist them in securing their facilities against natural disasters, acts of terrorism, and other man-made disasters; facilitate engagement and coordination among the emergency management community and faith-based and community organizations; and deliver training and technical assistance to faith-based and community-based organizations and provide subject-matter expertise related to anti-human trafficking efforts to help communities successfully partner with other Blue Campaign components. (Sec. 6009) FEMA shall periodically update (at least once every five years) its National Response Plan. FEMA must develop and provide to federal departments and agencies with coordinating, primary, or supporting responsibilities under the National Response Framework performance metrics to ensure readiness to execute responsibilities under the emergency support functions of such framework. (Sec. 6010) The periodic review of the National Incident Management System and the National Response Plan by FEMA's National Integration Center shall occur at least once every five years. (Sec. 6011) FEMA, in coordination with the National Council on Disability and the National Advisory Council, shall establish a remedial action management program to: analyze training, exercises, and real world events to identify lessons learned, corrective actions, and best practices; generate and disseminate the lessons learned, corrective actions, and best practices; and conduct remedial action tracking and long-term trend analysis. FEMA shall: (1) collect, and report on, information on corrective actions identified by agencies in response to disasters and acts of terrorism; and (2) electronically transmit to Congress and other public and private entities reports on lessons learned and best practices from responses to acts of terrorism, natural disasters, and other emergencies or exercises. (Sec. 6012) FEMA shall develop an implementation plan to address the findings and recommendations of the 2017 Management Review Team report on live agent training at the Chemical, Ordnance, Biological and Radiological Training Facility and provide to Congress updates on efforts to implement recommendations related to the management review of the Chemical, Ordnance, Biological, and Radiological Training Facility of the Center for Domestic Preparedness of FEMA. The GAO shall review and report to Congress on the status of the implementation plan and the governance structure at the Chemical, Ordnance, Biological and Radiological Training Facility of the Center for Domestic Preparedness of FEMA. (Sec. 6013) The HSA is amended to establish in FEMA a senior law enforcement advisor to strengthen FEMA's coordination among state, local, and tribal law enforcement. The advisor shall: (1) coordinate on behalf of FEMA with the Office for State and Local Law Enforcement to ensure state, local, and tribal law enforcement receive consideration in policies, guidance, training, and exercises related to preventing, preparing for, protecting against, and responding to natural disasters, acts of terrorism, and other man-made disasters; and (2) work with FEMA and the office to ensure grants to state, local, and tribal government agencies appropriately focus on terrorism prevention activities. (Sec. 6014) FEMA must identify and integrate the needs of children into activities relating to natural disasters, acts of terrorism, and other man-made disasters, including catastrophic incidents, including by appointing a technical expert to coordinate such activities. (Sec. 6015) FEMA shall designate an individual to serve as its chief management official and principal advisor on management matters, including management integration in support of emergency management operations and programs. The management official shall be responsible for FEMA's management and administration, including with respect to: procurement; human resources and personnel; information technology and communications systems; real property investment and planning, facilities, accountable personal property (including fleet and other material resources), records and disclosure, privacy, safety and health, and sustainability and environmental management; and security for personnel, information technology and communications systems, facilities, property, equipment, and other material resources. FEMA must report to Congress on: (1) a review of financial, human capital, information technology, real property planning, and acquisition management of headquarters and all FEMA regional offices; and (2) a strategy for capturing financial, human capital, information technology, real property planning, and acquisition data. (Sec. 6016) FEMA must report on its efforts to modernize its grants and financial information technology systems. (Sec. 6017) By May 1, 2018, and by May 1 of each of the five succeeding years, FEMA must submit an update of its strategic human capital plan. (Sec. 6018) This section establishes within FEMA an Office of Disability Integration and Coordination. The office's mission is to ensure that individuals with disabilities and other access and functional needs are included in emergency management activities throughout FEMA by providing guidance, tools, methods, and strategies for the purpose of equal physical program and effective communication access.
Bill Text
What changed in the latest version
19265 added · 8715 removedPlain-language change summary
The amendment to HR 2825 removes the short title and table of contents sections, along with various specific sections related to functions and offices within the Department of Homeland Security, such as those for the Chief Privacy Officer and Chief Financial Officer. This change streamlines the bill by eliminating detailed references and sections that were included in the previous version. As a result, the focus may shift more toward the core provisions of the bill rather than detailing these specific roles and responsibilities.
2825 EngrossedReported in HouseSenate (EH)](RS)] <DOC> 115thCalendar CONGRESSNo. 1st Session H.
381 115th CONGRESS 2d Session H.
2825 _______________________________________________________________________ ANIN ACTTHE ToSENATE amendOF theTHE HomelandUNITED SecuritySTATES ActJuly of20, 20022017 toReceived; make certain improvements in the laws administered by the Secretary of Homeland Security, and for other purposes.
Beread ittwice enactedand byreferred to the SenateCommittee andon HouseHomeland ofSecurity Representativesand ofGovernmental theAffairs UnitedApril States16, of2018 AmericaReported inby CongressMr. assembled, SECTION 1.
Johnson, with an amendment [Strike out all after the enacting clause and insert the part printed in italic] _______________________________________________________________________ AN ACT To amend the Homeland Security Act of 2002 to make certain improvements in the laws administered by the Secretary of Homeland Security, and for other purposes.
Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, <DELETED>SECTION 1.
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101)and</DELETED> is<DELETED> amended--(2) (1) by redesignatinginserting paragraphsafter (9)paragraph through(8) (20)the asfollowing paragraphsnew (10)paragraph through(9):</DELETED> (21),<DELETED> respectively;``(9) The term `homeland security enterprise' means any relevant governmental or nongovernmental entity involved in homeland security, including a Federal, State, or local government official, private sector representative, academic, or other policy expert.''.</DELETED> <DELETED>SEC.
and (2) by inserting after paragraph (8) the following new paragraph (9):
``(9) The term `homeland security enterprise' means any relevant governmental or nongovernmental entity involved in homeland security, including a Federal, State, or local government official, private sector representative, academic, or other policy expert.''.
SEC.
FUNCTIONS AND COMPONENTS OF HEADQUARTERS OF DEPARTMENT OF HOMELAND SECURITY.SECURITY.</DELETED> <DELETED> Section 102 of the Homeland Security Act of 2002 (6 U.S.C.
Section112) 102is ofamended--</DELETED> <DELETED> (1) in subsection (c)--</DELETED> <DELETED> (A) in the Homelandmatter Securitypreceding Actparagraph (1), by striking ``through the Office of 2002State (6and U.S.C.Local Coordination (established under section 801)'' and inserting ``through the Office of Partnership and Engagement'';</DELETED> <DELETED> (B) in paragraph (2), by striking ``and'' after the semicolon at the end;</DELETED> <DELETED> (C) in paragraph (3), by striking the period and inserting ``;
112) is amended-- (1) in subsection (c)-- (A) in the matter preceding paragraph (1), by striking ``through the Office of State and Local Coordination (established under section 801)'' and inserting ``through the Office of Partnership and Engagement'';
(B) in paragraph (2), by striking ``and'' after the semicolon at the end;
(C) in paragraph (3), by striking the period and inserting ``;
andand</DELETED> <DELETED> (D) by adding at the end the following:following:</DELETED> <DELETED> ``(4) entering into agreements with governments of other countries, in consultation with the Secretary of State, and international nongovernmental organizations in order to achieve the missions of the Department.'';
``(4)and</DELETED> entering<DELETED> into(2) agreementsby withadding governmentsat ofthe otherend countries,the infollowing consultationnew withsubsection:</DELETED> the<DELETED> Secretary``(h) ofHeadquarters.--</DELETED> State,<DELETED> and``(1) internationalComponents.--There nongovernmentalis organizations in order to achieve the missionsDepartment ofa theHeadquarters. Department.'';
The Department Headquarters shall include each of the following:</DELETED> <DELETED> ``(A) The Office of the Secretary.</DELETED> <DELETED> ``(B) The Office of the Deputy Secretary.</DELETED> <DELETED> ``(C) The Executive Secretary.</DELETED> <DELETED> ``(D) The Management Directorate, including the Office of the Chief Financial Officer.</DELETED> <DELETED> ``(E) The Office of Strategy, Policy, and (2)Plans.</DELETED> by<DELETED> adding``(F) atThe Office of the endGeneral Counsel.</DELETED> <DELETED> ``(G) The Office of the followingChief newPrivacy subsection:Officer.</DELETED> <DELETED> ``(H) The Office for Civil Rights and Civil Liberties.</DELETED> <DELETED> ``(I) The Office of Operations Coordination.</DELETED> <DELETED> ``(J) The Office of Intelligence and Analysis.</DELETED> <DELETED> ``(K) The Office of Legislative Affairs.</DELETED> <DELETED> ``(L) The Office of Public Affairs.</DELETED> <DELETED> ``(M) The Office of the Inspector General.</DELETED> <DELETED> ``(N) The Office of the Citizenship and Immigration Services Ombudsman.</DELETED> <DELETED> ``(O) The Office of Partnership and Engagement.</DELETED> <DELETED> ``(2) Functions.--The Secretary, acting through the appropriate official of the Headquarters, shall--</DELETED> <DELETED> ``(A) establish an overall strategy to successfully further the mission of the Department;</DELETED> <DELETED> ``(B) establish initiatives that improve Department-wide operational performance;</DELETED> <DELETED> ``(C) establish mechanisms to--</DELETED> <DELETED> ``(i) ensure that components of the Department comply with Department policies and fully implement the strategies and initiatives of the Secretary;
``(h)and</DELETED> Headquarters.--<DELETED> ``(1)``(ii) Components.--Thererequire isthe head of each component of the Department and component chief officers to comply with such policies and implement such strategies and initiatives;</DELETED> <DELETED> ``(D) establish annual operational and management objectives to evaluate the performance of the Department;</DELETED> <DELETED> ``(E) ensure that the Department successfully meets operational and management performance objectives through conducting oversight of component agencies;</DELETED> <DELETED> ``(F) ensure that the strategies, priorities, investments, and workforce of Department components align with Department objectives;</DELETED> <DELETED> ``(G) establish and implement policies related to Department ethics and compliance standards;</DELETED> <DELETED> ``(H) establish and implement, in consultation with the Office of Civil Rights and Civil Liberties, policies which preserve individual liberty, fairness, and equality under the law;</DELETED> <DELETED> ``(I) manage and encourage shared services across Department acomponents;</DELETED> Headquarters.<DELETED> ``(J) lead and coordinate interaction with Congress and other external organizations;
Theand</DELETED> Department<DELETED> Headquarters``(K) shallcarry includeout eachother ofsuch functions as the following:Secretary determines are appropriate.''.</DELETED> <DELETED>SEC.
``(A) The Office of the Secretary.
``(B) The Office of the Deputy Secretary.
``(C) The Executive Secretary.
``(D) The Management Directorate, including the Office of the Chief Financial Officer.
``(E) The Office of Strategy, Policy, and Plans.
``(F) The Office of the General Counsel.
``(G) The Office of the Chief Privacy Officer.
``(H) The Office for Civil Rights and Civil Liberties.
``(I) The Office of Operations Coordination.
``(J) The Office of Intelligence and Analysis.
``(K) The Office of Legislative Affairs.
``(L) The Office of Public Affairs.
``(M) The Office of the Inspector General.
``(N) The Office of the Citizenship and Immigration Services Ombudsman.
``(O) The Office of Partnership and Engagement.
``(2) Functions.--The Secretary, acting through the appropriate official of the Headquarters, shall-- ``(A) establish an overall strategy to successfully further the mission of the Department;
``(B) establish initiatives that improve Department-wide operational performance;
``(C) establish mechanisms to-- ``(i) ensure that components of the Department comply with Department policies and fully implement the strategies and initiatives of the Secretary;
and ``(ii) require the head of each component of the Department and component chief officers to comply with such policies and implement such strategies and initiatives;
``(D) establish annual operational and management objectives to evaluate the performance of the Department;
``(E) ensure that the Department successfully meets operational and management performance objectives through conducting oversight of component agencies;
``(F) ensure that the strategies, priorities, investments, and workforce of Department components align with Department objectives;
``(G) establish and implement policies related to Department ethics and compliance standards;
``(H) establish and implement, in consultation with the Office of Civil Rights and Civil Liberties, policies which preserve individual liberty, fairness, and equality under the law;
``(I) manage and encourage shared services across Department components;
``(J) lead and coordinate interaction with Congress and other external organizations;
and ``(K) carry out other such functions as the Secretary determines are appropriate.''.
SEC.
REPEAL OF DIRECTOR OF SHARED SERVICES AND OFFICE OF COUNTERNARCOTICS ENFORCEMENT OF DEPARTMENT OF HOMELAND SECURITY.SECURITY.</DELETED> <DELETED> (a) Abolishment of Director of Shared Services.-- </DELETED> <DELETED> (1) Abolishment.--The position of Director of Shared Services of the Department of Homeland Security is abolished.</DELETED> <DELETED> (2) Conforming amendment.--The Homeland Security Act of 2002 is amended by striking section 475 (6 U.S.C.
(a)295).</DELETED> <DELETED> (3) Clerical amendment.--The table of contents in section 1(b) of such Act is amended by striking the item relating to section 475.</DELETED> <DELETED> (b) Abolishment of Directorthe Office of SharedCounternarcotics Services.--Enforcement.--</DELETED> <DELETED> (1) Abolishment.--The positionOffice of DirectorCounternarcotics ofEnforcement Sharedis Servicesabolished.</DELETED> of<DELETED> the(2) DepartmentConforming ofamendments.--The Homeland Security Act of 2002 is abolished.amended--</DELETED> <DELETED> (A) in subparagraph (B) of section 843(b)(1) (6 U.S.C.
(2) Conforming amendment.--The Homeland Security Act of is amended by striking section 475 (6 U.S.C.
295).
(3) Clerical amendment.--The table of contents in section 1(b) of such Act is amended by striking the item relating to section 475.
(b) Abolishment of the Office of Counternarcotics Enforcement.-- (1) Abolishment.--The Office of Counternarcotics Enforcement is abolished.
(2) Conforming amendments.--The Homeland Security Act of is amended-- (A) in subparagraph (B) of section 843(b)(1) (6 U.S.C.
andand</DELETED> <DELETED> (B) by striking section 878 (6 U.S.C.
112).112).</DELETED> <DELETED> (3) Clerical amendment.--The table of contents in section 1(b) of such Act is amended by striking the item relating to section 878.</DELETED> <DELETED>SEC.
(3) Clerical amendment.--The table of contents in section 1(b) of such Act is amended by striking the item relating to section 878.
SEC.
RESPONSIBILITIES AND FUNCTIONS OF CHIEF PRIVACY OFFICER.OFFICER.</DELETED> <DELETED> (a) In General.--Section 222 of the Homeland Security Act of 2002 (6 U.S.C.
(a)142) Inis General.--Sectionamended--</DELETED> 222<DELETED> of(1) in subsection (a)--</DELETED> <DELETED> (A) in the Homelandmatter Securitypreceding Actparagraph (1)--</DELETED> <DELETED> (i) by inserting ``to be the Chief Privacy Officer of 2002the (6Department,'' U.S.C.after ``in the Department,'';
142)and</DELETED> is<DELETED> amended--(ii) (1)by instriking subsection``to (a)-- (A) in the matterSecretary, precedingto paragraphassume'' (1)--and (i) by inserting ``to be the ChiefSecretary. Privacy Officer of the Department,'' after ``in the Department,'';
andSuch (ii)official shall have'';</DELETED> <DELETED> (B) in paragraph (5), by striking ``to``and'' at the Secretary,end;</DELETED> to<DELETED> assume''(C) andby insertingstriking ``toparagraph the(6); Secretary.
Suchand</DELETED> official<DELETED> shall(D) have'';by inserting after paragraph (5) the following new paragraphs:</DELETED> <DELETED> ``(6) developing guidance to assist components of the Department in developing privacy policies and practices;</DELETED> <DELETED> ``(7) establishing a mechanism to ensure such components are in compliance with Federal, regulatory, statutory, and Department privacy requirements, mandates, directives, and policies;</DELETED> <DELETED> ``(8) working with the Chief Information Officer of the Department to identify methods for managing and overseeing the records, management policies, and procedures of the Department;</DELETED> <DELETED> ``(9) working with components and offices of the Department to ensure that information sharing activities incorporate privacy protections;</DELETED> <DELETED> ``(10) serving as the Chief FOIA Officer of the Department for purposes of subsection (j) of section 552 of title 5, United States Code (popularly known as the Freedom of Information Act), to manage and process requests related to such section;</DELETED> <DELETED> ``(11) developing guidance on procedures to be followed by individuals making requests for information under section 552 of title 5, United States Code;</DELETED> <DELETED> ``(12) overseeing the management and processing of requests for information under section 552 of title 5, United States Code, within Department Headquarters and relevant Department component offices;</DELETED> <DELETED> ``(13) identifying and eliminating unnecessary and duplicative actions taken by the Department in the course of processing requests for information under section 552 of title 5, United States Code;</DELETED> <DELETED> ``(14) preparing an annual report to Congress that includes--</DELETED> <DELETED> ``(A) a description of the activities of the Department that affect privacy during the fiscal year covered by the report, including complaints of privacy violations, implementation of section 552a of title 5, United States Code (popularly known as the Privacy Act of 1974), internal controls, and other matters;
(B)and</DELETED> <DELETED> ``(B) the number of new technology programs implemented in paragraphthe (5),Department during the fiscal year covered by strikingthe ``and''report, atthe number of such programs that the end;Chief Privacy Officer has evaluated to ensure that privacy protections are considered and implemented, the number of such programs that effectively implemented privacy protections into new technology programs, and an explanation of why any new programs did not effectively implement privacy protections;
(C)and</DELETED> by<DELETED> striking``(15) paragraphcarrying (6);out such other responsibilities as the Secretary determines are appropriate, consistent with this section.'';
andand</DELETED> (D)<DELETED> (2) by insertingadding afterat paragraphthe (5)end the following new paragraphs:subsection:</DELETED> <DELETED> ``(f) Reassignment of Functions.--Notwithstanding subsection (a)(10), the Secretary may reassign the functions related to managing and processing requests for information under section 552 of title 5, United States Code, to another officer within the Department, consistent with requirements of that section.''.</DELETED> <DELETED>SEC.
``(6) developing guidance to assist components of the Department in developing privacy policies and practices;
``(7) establishing a mechanism to ensure such components are in compliance with Federal, regulatory, statutory, and Department privacy requirements, mandates, directives, and policies;
``(8) working with the Chief Information Officer of the Department to identify methods for managing and overseeing the records, management policies, and procedures of the Department;
``(9) working with components and offices of the Department to ensure that information sharing activities incorporate privacy protections;
``(10) serving as the Chief FOIA Officer of the Department for purposes of subsection (j) of section 552 of title 5, United States Code (popularly known as the Freedom of Information Act), to manage and process requests related to such section;
``(11) developing guidance on procedures to be followed by individuals making requests for information under section 552 of title 5, United States Code;
``(12) overseeing the management and processing of requests for information under section 552 of title 5, United States Code, within Department Headquarters and relevant Department component offices;
``(13) identifying and eliminating unnecessary and duplicative actions taken by the Department in the course of processing requests for information under section 552 of title 5, United States Code;
``(14) preparing an annual report to Congress that includes-- ``(A) a description of the activities of the Department that affect privacy during the fiscal year covered by the report, including complaints of privacy violations, implementation of section 552a of title 5, United States Code (popularly known as the Privacy Act of 1974), internal controls, and other matters;
and ``(B) the number of new technology programs implemented in the Department during the fiscal year covered by the report, the number of such programs that the Chief Privacy Officer has evaluated to ensure that privacy protections are considered and implemented, the number of such programs that effectively implemented privacy protections into new technology programs, and an explanation of why any new programs did not effectively implement privacy protections;
and ``(15) carrying out such other responsibilities as the Secretary determines are appropriate, consistent with this section.'';
and (2) by adding at the end the following new subsection:
``(f) Reassignment of Functions.--Notwithstanding subsection (a)(10), the Secretary may reassign the functions related to managing and processing requests for information under section 552 of title 5, United States Code, to another officer within the Department, consistent with requirements of that section.''.
SEC.
RESPONSIBILITIES OF CHIEF FINANCIAL OFFICER.OFFICER.</DELETED> <DELETED> (a) In General.--Section 702 of the Homeland Security Act of 2002 (6 U.S.C.
(a)342) Inis General.--Sectionamended--</DELETED> 702<DELETED> of(1) theby Homelandredesignating Securitysubsections Act(b) ofand 2002(c) (6as U.S.C.subsections (c) and (d), respectively;
342)and</DELETED> <DELETED> (2) by inserting after subsection (a) the following new subsection (b):</DELETED> <DELETED> ``(b) Responsibilities.--In carrying out the responsibilities, authorities, and functions specified in section 902 of title 31, United States Code, the Chief Financial Officer shall-- </DELETED> <DELETED> ``(1) oversee Department budget formulation and execution;</DELETED> <DELETED> ``(2) lead and provide guidance on performance- based budgeting practices for the Department to ensure that the Department and its components are meeting missions and goals;</DELETED> <DELETED> ``(3) lead cost-estimating practices for the Department, including the development of policies on cost estimating and approval of life cycle cost estimates;</DELETED> <DELETED> ``(4) coordinate with the Office of Strategy, Policy, and Plans to ensure that the development of the budget for the Department is amended--compatible (1)with bythe redesignatinglong-term subsectionsstrategic (b)plans, priorities, and (c)policies asof subsectionsthe (c)Secretary;</DELETED> <DELETED> ``(5) develop financial management policy for the Department and (d),oversee respectively;the implementation of such policy, including the establishment of effective internal controls over financial reporting systems and processes throughout the Department;</DELETED> <DELETED> ``(6) provide guidance for and over financial system modernization efforts throughout the Department;</DELETED> <DELETED> ``(7) lead the efforts of the Department related to financial oversight, including identifying ways to streamline and standardize business processes;</DELETED> <DELETED> ``(8) oversee the costs of acquisition programs and related activities to ensure that actual and planned costs are in accordance with budget estimates and are affordable, or can be adequately funded, over the lifecycle of such programs and activities;</DELETED> <DELETED> ``(9) fully implement a common accounting structure to be used across the entire Department by fiscal year 2020;
and</DELETED> <DELETED> ``(10) track, approve, oversee, and (2)make public information on expenditures by insertingcomponents afterof subsectionthe (a)Department for conferences, as appropriate, including by requiring each component to--</DELETED> <DELETED> ``(A) report to the followingInspector newGeneral subsectionof (b):the Department the expenditures by such component for each conference hosted or attended by Department employees for which the total expenditures of the Department exceed $20,000, within 15 days after the date of the conference;
``(b)and</DELETED> Responsibilities.--In<DELETED> carrying``(B) outwith respect to such expenditures, provide to the responsibilities,Inspector authorities,General--</DELETED> and<DELETED> functions``(i) specifiedthe information described in subsections (a), (b), and (c) of section 902739 of title 31,VII Unitedof Statesdivision Code,E of the ChiefConsolidated Financialand OfficerFurther shall--Continuing ``(1)Appropriations overseeAct, Department2015 budget(Public formulationLaw and113-235); execution;
``(2)and</DELETED> lead<DELETED> and``(ii) providedocumentation guidanceof onsuch performance-basedexpenditures.''.</DELETED> budgeting<DELETED> practices(b) forRule of Construction.--Nothing in the Departmentamendment tomade ensureby thatthis section may be construed as altering or amending the Departmentresponsibilities, authorities, and itsfunctions componentsof arethe meetingChief missionsFinancial andOfficer goals;of the Department of Homeland Security under section 902 of title 31, United States Code.</DELETED> <DELETED>SEC.
``(3) lead cost-estimating practices for the Department, including the development of policies on cost estimating and approval of life cycle cost estimates;
``(4) coordinate with the Office of Strategy, Policy, and Plans to ensure that the development of the budget for the Department is compatible with the long-term strategic plans, priorities, and policies of the Secretary;
``(5) develop financial management policy for the Department and oversee the implementation of such policy, including the establishment of effective internal controls over financial reporting systems and processes throughout the Department;
``(6) provide guidance for and over financial system modernization efforts throughout the Department;
``(7) lead the efforts of the Department related to financial oversight, including identifying ways to streamline and standardize business processes;
``(8) oversee the costs of acquisition programs and related activities to ensure that actual and planned costs are in accordance with budget estimates and are affordable, or can be adequately funded, over the lifecycle of such programs and activities;
``(9) fully implement a common accounting structure to be used across the entire Department by fiscal year 2020;
and ``(10) track, approve, oversee, and make public information on expenditures by components of the Department for conferences, as appropriate, including by requiring each component to-- ``(A) report to the Inspector General of the Department the expenditures by such component for each conference hosted or attended by Department employees for which the total expenditures of the Department exceed $20,000, within 15 days after the date of the conference;
and ``(B) with respect to such expenditures, provide to the Inspector General-- ``(i) the information described in subsections (a), (b), and (c) of section 739 of title VII of division E of the Consolidated and Further Continuing Appropriations Act, 2015 (Public Law 113-235);
and ``(ii) documentation of such expenditures.''.
(b) Rule of Construction.--Nothing in the amendment made by this section may be construed as altering or amending the responsibilities, authorities, and functions of the Chief Financial Officer of the Department of Homeland Security under section 902 of title 31, United States Code.
SEC.
CHIEF INFORMATION OFFICER.OFFICER.</DELETED> <DELETED> (a) In General.--Section 703 of the Homeland Security Act of 2002 (6 U.S.C.
(a)343) Inis General.--Sectionamended--</DELETED> 703<DELETED> of(1) thein Homelandsubsection Security(a), Actby ofadding 2002at (6the U.S.C.end the following new sentence:
343)``In isaddition amended--to (1)the infunctions subsectionunder (a),section by3506(a)(2) addingof attitle 44, United States Code, the endChief Information Officer shall perform the followingfunctions newset sentence:forth in this section and such other functions as may be assigned by the Secretary.'';</DELETED> <DELETED> (2) by redesignating subsection (b) as subsection (d);
``Inand</DELETED> <DELETED> (3) by inserting after subsection (a) the following new subsections:</DELETED> <DELETED> ``(b) Responsibilities.--In addition to performing the functions under section 3506(a)(2)3506 of title 44, United States Code, the Chief Information Officer shall performserve as the functionslead settechnical forthauthority infor thisinformation sectiontechnology programs of the Department and suchDepartment components, and shall--</DELETED> <DELETED> ``(1) advise and assist the Secretary, heads of the components of the Department, and other senior officers in carrying out the responsibilities of the Department for all activities relating to the budgets, programs, security, and operations of the information technology functions asof maythe beDepartment;</DELETED> assigned<DELETED> ``(2) to the extent delegated by the Secretary.'';Secretary, exercise leadership and authority over Department information technology management and establish the information technology priorities, policies, processes, standards, guidelines, and procedures of the Department to ensure interoperability and standardization of information technology;</DELETED> <DELETED> ``(3) maintain a consolidated inventory of the mission critical and mission essential information systems of the Department, and develop and maintain contingency plans for responding to a disruption in the operation of any of those information systems;</DELETED> <DELETED> ``(4) maintain the security, visibility, reliability, integrity, and availability of data and information technology of the Department;</DELETED> <DELETED> ``(5) establish and implement policies and procedures to effectively monitor and manage vulnerabilities in the supply chain for purchases of information technology, in consultation with the Chief Procurement Officer of the Department;</DELETED> <DELETED> ``(6) review contracts and interagency agreements associated with major information technology investments and information technology investments that have had cost, schedule, or performance challenges in the past;</DELETED> <DELETED> ``(7) assess the risk of all major information technology investments and publically report the risk rating to the Office of Management and Budget;
(2)and</DELETED> <DELETED> ``(8) carry out any other responsibilities delegated by redesignatingthe subsectionSecretary (b)consistent aswith subsectionan (d);effective information system management function.</DELETED> <DELETED> ``(c) Strategic Plans.--In coordination with the Chief Financial Officer, the Chief Information Officer shall develop an information technology strategic plan every five years 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 Affairs and the Committee on Appropriations of the Senate on the extent to which--</DELETED> <DELETED> ``(1) the budget of the Department aligns with priorities specified in the information technology strategic plan;</DELETED> <DELETED> ``(2) the information technology strategic plan informs the budget process of the Department;</DELETED> <DELETED> ``(3) information technology priorities were or were not funded and the reasons for not funding all priorities in a given fiscal year;</DELETED> <DELETED> ``(4) the Department has identified and addressed skills gaps needed to implement the information technology strategic plan;
and</DELETED> <DELETED> ``(5) unnecessary duplicate information technology within and (3)across bythe insertingcomponents of the Department has been eliminated.''.</DELETED> <DELETED> (b) Software Licensing.--</DELETED> <DELETED> (1) Software inventory.--Not later than 180 days after subsectionthe (a)date of the followingenactment newof subsections:this Act and every two years thereafter until 2022, the Chief Information Officer of the Department of Homeland Security, in consultation with Department component chief information officers, shall-- </DELETED> <DELETED> (A) conduct a Department-wide inventory of all existing software licenses held by the Department, including utilized and unutilized licenses;</DELETED> <DELETED> (B) assess the needs of the Department and the components of the Department for software licenses for the subsequent two fiscal years;</DELETED> <DELETED> (C) examine how the Department can achieve the greatest possible economies of scale and cost savings in the procurement of software licenses;</DELETED> <DELETED> (D) determine how the use of shared cloud- computing services will impact the needs for software licenses for the subsequent two fiscal years;</DELETED> <DELETED> (E) establish plans and estimated costs for eliminating unutilized software licenses for the subsequent two fiscal years;
``(b)and</DELETED> Responsibilities.--In<DELETED> addition(F) submit a copy of each inventory conducted under subparagraph (A) to performingthe Committee on Homeland Security of the functionsHouse underof sectionRepresentatives 3506and the Committee on Homeland Security and Governmental Affairs of titlethe 44,Senate.</DELETED> United<DELETED> States(2) Code,Plan to reduce software licenses.--If the Chief Information Officer shalldetermines servethrough as the leadinventory technicalconducted authorityunder forparagraph information(1) technologythat programsthe number of software licenses held by the Department and the components of the Department components,exceed andthe shall--needs ``(1)of advisethe andDepartment, assistnot later than days after the Secretary,date headson which the inventory is completed, the Secretary of Homeland Security shall establish a plan for reducing the componentsnumber of such software licenses to meet needs of the Department,Department.</DELETED> and<DELETED> other(3) seniorProhibition officerson procurement of new software licenses.--</DELETED> <DELETED> (A) In general.--Except as provided in carryingsubparagraph out(B), upon completion of a plan under paragraph (2), no additional resources may be obligated for the responsibilitiesprocurement of new software licenses for the Department foruntil allsuch activitiestime relatingas the need of the Department exceeds the number of used and unused licenses held by the Department.</DELETED> <DELETED> (B) Exception.--The Chief Information Officer may authorize the purchase of additional licenses and amend the number of needed licenses as necessary.</DELETED> <DELETED> (c) Comptroller General Review.--Not later than fiscal year 2019, the Comptroller General of the United States shall review the extent to which the budgets,Chief programs,Information security,Officer fulfilled all requirements established in this section and operationsthe amendment made by this section.</DELETED> <DELETED> (d) Completion of First Definition of Capabilities.--Not later than one year after the date of the enactment of this Act, the Chief Information Officer shall complete the first information technology functionsstrategic plan required under subsection (c) of section 701 of the Department;Homeland Security Act of 2002, as added by subsection (a) of this section.</DELETED> <DELETED>SEC.
``(2) to the extent delegated by the Secretary, exercise leadership and authority over Department information technology management and establish the information technology priorities, policies, processes, standards, guidelines, and procedures of the Department to ensure interoperability and standardization of information technology;
``(3) maintain a consolidated inventory of the mission critical and mission essential information systems of the Department, and develop and maintain contingency plans for responding to a disruption in the operation of any of those information systems;
``(4) maintain the security, visibility, reliability, integrity, and availability of data and information technology of the Department;
``(5) establish and implement policies and procedures to effectively monitor and manage vulnerabilities in the supply chain for purchases of information technology, in consultation with the Chief Procurement Officer of the Department;
``(6) review contracts and interagency agreements associated with major information technology investments and information technology investments that have had cost, schedule, or performance challenges in the past;
``(7) assess the risk of all major information technology investments and publically report the risk rating to the Office of Management and Budget;
and ``(8) carry out any other responsibilities delegated by the Secretary consistent with an effective information system management function.
``(c) Strategic Plans.--In coordination with the Chief Financial Officer, the Chief Information Officer shall develop an information technology strategic plan every five years 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 Affairs and the Committee on Appropriations of the Senate on the extent to which-- ``(1) the budget of the Department aligns with priorities specified in the information technology strategic plan;
``(2) the information technology strategic plan informs the budget process of the Department;
``(3) information technology priorities were or were not funded and the reasons for not funding all priorities in a given fiscal year;
``(4) the Department has identified and addressed skills gaps needed to implement the information technology strategic plan;
and ``(5) unnecessary duplicate information technology within and across the components of the Department has been eliminated.''.
(b) Software Licensing.-- (1) Software inventory.--Not later than 180 days after the date of the enactment of this Act and every two years thereafter until 2022, the Chief Information Officer of the Department of Homeland Security, in consultation with Department component chief information officers, shall-- (A) conduct a Department-wide inventory of all existing software licenses held by the Department, including utilized and unutilized licenses;
(B) assess the needs of the Department and the components of the Department for software licenses for the subsequent two fiscal years;
(C) examine how the Department can achieve the greatest possible economies of scale and cost savings in the procurement of software licenses;
(D) determine how the use of shared cloud-computing services will impact the needs for software licenses for the subsequent two fiscal years;
(E) establish plans and estimated costs for eliminating unutilized software licenses for the subsequent two fiscal years;
and (F) submit a copy of each inventory conducted under subparagraph (A) to the Committee on Homeland Security of the House of Representatives and the Committee on Homeland Security and Governmental Affairs of the Senate.
(2) Plan to reduce software licenses.--If the Chief Information Officer determines through the inventory conducted under paragraph (1) that the number of software licenses held by the Department and the components of the Department exceed the needs of the Department, not later than 90 days after the date on which the inventory is completed, the Secretary of Homeland Security shall establish a plan for reducing the number of such software licenses to meet needs of the Department.
(3) Prohibition on procurement of new software licenses.-- (A) In general.--Except as provided in subparagraph (B), upon completion of a plan under paragraph (2), no additional resources may be obligated for the procurement of new software licenses for the Department until such time as the need of the Department exceeds the number of used and unused licenses held by the Department.
(B) Exception.--The Chief Information Officer may authorize the purchase of additional licenses and amend the number of needed licenses as necessary.
(c) Comptroller General Review.--Not later than fiscal year 2019, the Comptroller General of the United States shall review the extent to which the Chief Information Officer fulfilled all requirements established in this section and the amendment made by this section.
(d) Completion of First Definition of Capabilities.--Not later than one year after the date of the enactment of this Act, the Chief Information Officer shall complete the first information technology strategic plan required under subsection (c) of section 701 of the Homeland Security Act of 2002, as added by subsection (a) of this section.
SEC.
QUADRENNIAL HOMELAND SECURITY REVIEW.REVIEW.</DELETED> <DELETED> (a) In General.--Section 707 of the Homeland Security Act of 2002 (6 U.S.C.
(a)347) Inis General.--Sectionamended--</DELETED> 707<DELETED> of(1) in subsection (a)(3)--</DELETED> <DELETED> (A) in subparagraph (B), by striking ``and'' at the Homelandend;</DELETED> Security<DELETED> Act(B) ofby 2002redesignating (6subparagraph U.S.C.(C) as subparagraph (D);
347)and</DELETED> is<DELETED> amended--(C) (1)by ininserting subsectionafter (a)(3)--subparagraph (A)(B) inthe following new subparagraph (B),(C):</DELETED> by<DELETED> striking``(C) ``and''representatives atfrom appropriate advisory committees established pursuant to section 871, including the end;Homeland Security Advisory Council and the Homeland Security Science and Technology Advisory Committee, or otherwise established, including the Aviation Security Advisory Committee established pursuant to section 44946 of title 49, United States Code;
(B)and'';</DELETED> <DELETED> (2) in subsection (b)--</DELETED> <DELETED> (A) in paragraph (2), by redesignatinginserting subparagraphbefore (C)the assemicolon subparagraphat (D);the end the following:
and``based (C)on bythe insertingrisk afterassessment subparagraphrequired pursuant to subsection (c)(2)(B)'';</DELETED> <DELETED> (B) in paragraph (3)--</DELETED> <DELETED> (i) by inserting ``, to the followingextent newpracticable,'' subparagraphafter (C):``describe'';
``(C)and</DELETED> representatives<DELETED> from(ii) appropriateby advisorystriking committees``budget establishedplan'' pursuantand toinserting section``resources 871,required'';</DELETED> including<DELETED> the(C) Homelandin Securityparagraph Advisory(4)--</DELETED> Council<DELETED> and(i) theby Homelandinserting Security``, Scienceto andthe Technologyextent Advisorypracticable,'' Committee,after or``identify'';</DELETED> otherwise<DELETED> established,(ii) includingby thestriking Aviation``budget Securityplan Advisoryrequired Committeeto establishedprovide pursuantsufficient resources to sectionsuccessfully'' 44946and ofinserting title``resources 49,required Unitedto''; States Code;
and'';and</DELETED> <DELETED> (iii) by striking the semicolon at the end and inserting ``, including any resources identified from redundant, wasteful, or unnecessary capabilities and capacities that can be redirected to better support other existing capabilities and capacities, as the case may be;
(2)and'';</DELETED> in<DELETED> subsection(D) (b)-- (A) in paragraph (2),(5), by insertingstriking before``; the semicolon at the end the following:
``based on the risk assessment required pursuant to subsection (c)(2)(B)'';
(B) in paragraph (3)-- (i) by inserting ``, to the extent practicable,'' after ``describe'';
and (ii) by striking ``budget plan'' and inserting ``resources required'';
(C) in paragraph (4)-- (i) by inserting ``, to the extent practicable,'' after ``identify'';
(ii) by striking ``budget plan required to provide sufficient resources to successfully'' and inserting ``resources required to'';
and (iii) by striking the semicolon at the end and inserting ``, including any resources identified from redundant, wasteful, or unnecessary capabilities and capacities that can be redirected to better support other existing capabilities and capacities, as the case may be;
and'';
(D) in paragraph (5), by striking ``;
andand</DELETED> <DELETED> (E) by striking paragraph (6);(6);</DELETED> <DELETED> (3) in subsection (c)--</DELETED> <DELETED> (A) in paragraph (1), by striking ``December 31 of the year'' and inserting ``60 days after the date of the submittal of the President's budget for the fiscal year after the fiscal year'';</DELETED> <DELETED> (B) in paragraph (2)--</DELETED> <DELETED> (i) in subparagraph (B), by striking ``description of the threats to'' and inserting ``risk assessment of'';</DELETED> <DELETED> (ii) in subparagraph (C), by inserting ``, as required under subsection (b)(2)'' before the semicolon at the end;</DELETED> <DELETED> (iii) in subparagraph (D)-- </DELETED> <DELETED> (I) by inserting ``to the extent practicable,'' before ``a description'';
(3)and</DELETED> in<DELETED> subsection(II) (c)-- (A) in paragraph (1), by striking ``December``budget 31plan'' of the year'' and inserting ``60``resources daysrequired'';</DELETED> after<DELETED> the(iv) datein ofsubparagraph the(F)-- submittal</DELETED> of<DELETED> the(I) President'sby budgetinserting for``to the fiscalextent yearpracticable,'' afterbefore the``a fiscaldiscussion''; year'';
(B)and</DELETED> in<DELETED> paragraph(II) (2)--by (i)striking ``the status of'';</DELETED> <DELETED> (v) in subparagraph (B),(G)-- </DELETED> <DELETED> (I) by inserting ``to the extent practicable,'' before ``a discussion'';</DELETED> <DELETED> (II) by striking ``description``the ofstatus theof'';</DELETED> threats<DELETED> to''(III) andby inserting ``risk``and assessmentrisks'' of'';before ``to national homeland'';
(ii)and</DELETED> in<DELETED> subparagraph(IV) (C), by inserting ``,``and'' asafter requiredthe undersemicolon subsectionat (b)(2)''the beforeend;</DELETED> the<DELETED> semicolon(vi) atby thestriking end;subparagraph (H);
(iii)and</DELETED> in<DELETED> subparagraph(vii) (D)--by redesignating subparagraph (I) byas insertingsubparagraph ``to(H);</DELETED> the<DELETED> extent(C) practicable,''by beforeredesignating ``aparagraph description'';(3) as paragraph (4);
andand</DELETED> (II)<DELETED> (D) by strikinginserting ``budgetafter plan''paragraph (2) the following new paragraph (3):</DELETED> <DELETED> ``(3) Documentation.--The Secretary shall retain the following documentation regarding the quadrennial homeland security review:</DELETED> <DELETED> ``(A) Records regarding the consultation carried out the pursuant to subsection (a)(3), including--</DELETED> <DELETED> ``(i) all written communications, including communications sent out by the Secretary and insertingfeedback ``resourcessubmitted required'';to the Secretary through technology, online communications tools, in-person discussions, and the interagency process;
(iv)and</DELETED> in<DELETED> subparagraph``(ii) (F)--information (I)on how feedback received by insertingthe ``toSecretary informed the extentquadrennial practicable,''homeland beforesecurity ``areview.</DELETED> discussion'';<DELETED> ``(B) Information regarding the risk assessment, as required under subsection (c)(2)(B), including--</DELETED> <DELETED> ``(i) the risk model utilized to generate the risk assessment;</DELETED> <DELETED> ``(ii) information, including data used in the risk model, utilized to generate the risk assessment;</DELETED> <DELETED> ``(iii) sources of information, including other risk assessments, utilized to generate the risk assessment;
and</DELETED> <DELETED> ``(iv) information on assumptions, weighing factors, and (II)subjective byjudgments strikingutilized ``theto statusgenerate of'';the risk assessment, together with information on the rationale or basis thereof.'';
(v)and</DELETED> in<DELETED> subparagraph(4) (G)-- (I) by insertingredesignating ``tosubsection the(d) extentas practicable,''subsection before(e); ``a discussion'';
(II)and</DELETED> <DELETED> (5) by strikinginserting ``theafter statussubsection of'';(c) the following new subsection (d):</DELETED> <DELETED> ``(d) Review.--Not later than 90 days after the submission of each report required under subsection (c)(1), the Secretary shall provide to the Committee on Homeland Security of the House of Representatives and the Committee on Homeland Security and Governmental Affairs of the Senate information on the degree to which the findings and recommendations developed in the quadrennial homeland security review covered by the report were integrated into the acquisition strategy and expenditure plans for the Department.''.</DELETED> <DELETED> (b) Effective Date.--The amendments made by this section shall apply with respect to a quadrennial homeland security review conducted after December 31, 2017.</DELETED> <DELETED>SEC.
(III) by inserting ``and risks'' before ``to national homeland'';
and (IV) by inserting ``and'' after the semicolon at the end;
(vi) by striking subparagraph (H);
and (vii) by redesignating subparagraph (I) as subparagraph (H);
(C) by redesignating paragraph (3) as paragraph (4);
and (D) by inserting after paragraph (2) the following new paragraph (3):
``(3) Documentation.--The Secretary shall retain the following documentation regarding the quadrennial homeland security review:
``(A) Records regarding the consultation carried out the pursuant to subsection (a)(3), including-- ``(i) all written communications, including communications sent out by the Secretary and feedback submitted to the Secretary through technology, online communications tools, in- person discussions, and the interagency process;
and ``(ii) information on how feedback received by the Secretary informed the quadrennial homeland security review.
``(B) Information regarding the risk assessment, as required under subsection (c)(2)(B), including-- ``(i) the risk model utilized to generate the risk assessment;
``(ii) information, including data used in the risk model, utilized to generate the risk assessment;
``(iii) sources of information, including other risk assessments, utilized to generate the risk assessment;
and ``(iv) information on assumptions, weighing factors, and subjective judgments utilized to generate the risk assessment, together with information on the rationale or basis thereof.'';
and (4) by redesignating subsection (d) as subsection (e);
and (5) by inserting after subsection (c) the following new subsection (d):
``(d) Review.--Not later than 90 days after the submission of each report required under subsection (c)(1), the Secretary shall provide to the Committee on Homeland Security of the House of Representatives and the Committee on Homeland Security and Governmental Affairs of the Senate information on the degree to which the findings and recommendations developed in the quadrennial homeland security review covered by the report were integrated into the acquisition strategy and expenditure plans for the Department.''.
(b) Effective Date.--The amendments made by this section shall apply with respect to a quadrennial homeland security review conducted after December 31, 2017.
SEC.
OFFICE OF STRATEGY, POLICY, AND PLANS.PLANS.</DELETED> <DELETED> (a) In General.--Section 708 of the Homeland Security Act of 2002 (as redesignated pursuant to section 1705(g) of this Act;
(a)relating Into General.--Sectionthe 708Office of Strategy, Policy, and Plans of the Department of Homeland SecuritySecurity) Actis ofamended--</DELETED> 2002<DELETED> (as(1) redesignatedin pursuantsubsection to(a), sectionby 1705(g)adding ofat thisthe Act;end the following:
relating``The to the Office of Strategy, Policy, and Plans ofshall include the Departmentfollowing components:</DELETED> <DELETED> ``(1) The Office of HomelandInternational Security)Affairs.</DELETED> is<DELETED> amended--``(2) (1)The inOffice subsectionof (a),Cyber, Infrastructure, and Resilience Policy.</DELETED> <DELETED> ``(3) The Office of Strategy, Planning, Analysis, and Risk.</DELETED> <DELETED> ``(4) The Office of Threat Prevention and Security Policy.</DELETED> <DELETED> ``(5) The Office of Border, Immigration, and Trade Policy.'';</DELETED> <DELETED> (2) by addingredesignating atsubsections the(e) endthrough the(g) following:as subsections (f) through (h), respectively;
``Theand</DELETED> <DELETED> (3) by inserting after subsection (d) the following new subsection:</DELETED> <DELETED> ``(e) Assistant Secretary for International Affairs.--The Office of Strategy,International Policy,Affairs andshall Plansbe shallled includeby thean followingAssistant components:Secretary for International Affairs appointed by the Secretary.
The Assistant Secretary shall--</DELETED> <DELETED> ``(1) Thecoordinate Officeinternational activities within the Department, including activities carried out by the components of Internationalthe Affairs.Department, in consultation with other Federal officials with responsibility for counterterrorism and homeland security matters;</DELETED> <DELETED> ``(2) advise, inform, and assist the Secretary with respect to the development and implementation of the policy priorities of the Department, including strategic priorities for the deployment of assets, including personnel, outside the United States;</DELETED> <DELETED> ``(3) develop, in consultation with the Under Secretary for Management, guidance for selecting, assigning, training, and monitoring overseas deployments of Department personnel, including minimum standards for pre-deployment training;</DELETED> <DELETED> ``(4) maintain awareness regarding the international travel of senior officers of the Department and their intent to pursue negotiations with foreign government officials, and review resulting draft agreements;
``(2)and</DELETED> The<DELETED> ``(5) perform such other functions as are established by law or delegated by the Under Secretary for Policy.''.</DELETED> <DELETED> (b) Abolishment of Office of Cyber,International Infrastructure,Affairs.-- </DELETED> <DELETED> (1) In general.--The Office of International Affairs within the Office of the Secretary of Homeland Security is abolished.</DELETED> <DELETED> (2) Transfer of assets and Resiliencepersonnel.--The Policy.functions authorized to be performed by such office as of the day before the date of the enactment of this Act, and the assets and personnel associated with such functions, are transferred to the head of the Office of International Affairs provided for by section 708 of the Homeland Security Act of 2002, as amended by this section.</DELETED> <DELETED> (3) Conforming amendment.--The Homeland Security Act of 2002 is amended by striking section 879 (6 U.S.C.
``(3)459).</DELETED> The<DELETED> Office(4) Clerical amendment.--The table of Strategy,contents Planning,in Analysis,section and1(b) Risk.of such Act is amended by striking the item relating to section 879.</DELETED> <DELETED> (c) Conforming Amendments Relating to Assistant Secretaries.--Subsection (a) of section 103 of the Homeland Security Act of 2002 (6 U.S.C.
``(4)113) Theis Officeamended--</DELETED> of<DELETED> Threat(1) Preventionin andthe Securitysubsection Policy.heading, by inserting ``;
``(5)Assistant Secretaries and Other Officers'' after ``Under Secretaries'';</DELETED> <DELETED> (2) in paragraph (1), by amending subparagraph (I) to read as follows:</DELETED> <DELETED> ``(I) An Administrator of the Transportation Security Administration.'';</DELETED> <DELETED> (3) by amending paragraph (2) to read as follows:</DELETED> <DELETED> ``(2) Assistant secretaries.--The following Assistant Secretaries shall be appointed by the President or the Secretary, as the case may be, without the advice and consent of the Senate:</DELETED> <DELETED> ``(A) Presidential appointments.--The Department shall have the following Assistant Secretaries appointed by the President:</DELETED> <DELETED> ``(i) The Assistant Secretary, Infrastructure Protection.</DELETED> <DELETED> ``(ii) The Assistant Secretary for Public Affairs.</DELETED> <DELETED> ``(iii) The Assistant Secretary for Legislative Affairs.</DELETED> <DELETED> ``(B) Secretarial appointments.--The Department shall have the following Assistant Secretaries appointed by the Secretary:</DELETED> <DELETED> ``(i) The Principal Assistant Secretary for External Affairs.</DELETED> <DELETED> ``(ii) The Assistant Secretary, Office of Cybersecurity and Communications.</DELETED> <DELETED> ``(iii) The Assistant Secretary for International Affairs.</DELETED> <DELETED> ``(iv) The Assistant Secretary for Partnership and Engagement.</DELETED> <DELETED> ``(v) The Assistant Secretary for Threat Prevention and Security Policy.</DELETED> <DELETED> ``(vi) The Assistant Secretary for Border, Immigration, and Trade Policy.'';Policy.</DELETED> <DELETED> ``(vii) The Assistant Secretary for Cyber, Infrastructure, and Resilience Policy.</DELETED> <DELETED> ``(viii) The Assistant Secretary for Strategy, Planning, Analysis, and Risk.</DELETED> <DELETED> ``(ix) The Assistant Secretary for State and Local Law Enforcement.'';
(2)and</DELETED> <DELETED> (4) by redesignatingadding subsectionsat (e)the throughend (g)the asfollowing subsectionsnew (f)paragraphs:</DELETED> through<DELETED> (h),``(3) respectively;Assistant secretary for legislative affairs.--The Assistant Secretary for Legislative Affairs shall oversee one internal reporting structure for engaging with authorizing and appropriating congressional committees.</DELETED> <DELETED> ``(4) Limitation on creation of positions.--No Assistant Secretary position may be created in addition to the positions provided for by this section unless such position is authorized by a statute enacted after the date of the enactment of the Department of Homeland Security Authorization Act for Fiscal Years 2018 and 2019.''.</DELETED> <DELETED> (d) Homeland Security Advisory Council.--Subsection (b) of section 102 of the Homeland Security Act of 2002 (6 U.S.C.
and112) (3)is amended--</DELETED> <DELETED> (1) in paragraph (2), by insertingstriking after``and'' subsectionat (d)the end;</DELETED> <DELETED> (2) in paragraph (3), by striking the followingperiod newat subsection:the end and inserting ``;
``(e) Assistant Secretary for International Affairs.--The Office of International Affairs shall be led by an Assistant Secretary for International Affairs appointed by the Secretary.
The Assistant Secretary shall-- ``(1) coordinate international activities within the Department, including activities carried out by the components of the Department, in consultation with other Federal officials with responsibility for counterterrorism and homeland security matters;
``(2) advise, inform, and assist the Secretary with respect to the development and implementation of the policy priorities of the Department, including strategic priorities for the deployment of assets, including personnel, outside the United States;
``(3) develop, in consultation with the Under Secretary for Management, guidance for selecting, assigning, training, and monitoring overseas deployments of Department personnel, including minimum standards for pre-deployment training;
``(4) maintain awareness regarding the international travel of senior officers of the Department and their intent to pursue negotiations with foreign government officials, and review resulting draft agreements;
and ``(5) perform such other functions as are established by law or delegated by the Under Secretary for Policy.''.
(b) Abolishment of Office of International Affairs.-- (1) In general.--The Office of International Affairs within the Office of the Secretary of Homeland Security is abolished.
(2) Transfer of assets and personnel.--The functions authorized to be performed by such office as of the day before the date of the enactment of this Act, and the assets and personnel associated with such functions, are transferred to the head of the Office of International Affairs provided for by section 708 of the Homeland Security Act of 2002, as amended by this section.
(3) Conforming amendment.--The Homeland Security Act of is amended by striking section 879 (6 U.S.C.
459).
(4) Clerical amendment.--The table of contents in section 1(b) of such Act is amended by striking the item relating to section 879.
(c) Conforming Amendments Relating to Assistant Secretaries.-- Subsection (a) of section 103 of the Homeland Security Act of 2002 (6 U.S.C.
113) is amended-- (1) in the subsection heading, by inserting ``;
Assistant Secretaries and Other Officers'' after ``Under Secretaries'';
(2) in paragraph (1), by amending subparagraph (I) to read as follows:
``(I) An Administrator of the Transportation Security Administration.'';
(3) by amending paragraph (2) to read as follows:
``(2) Assistant secretaries.--The following Assistant Secretaries shall be appointed by the President or the Secretary, as the case may be, without the advice and consent of the Senate:
``(A) Presidential appointments.--The Department shall have the following Assistant Secretaries appointed by the President:
``(i) The Assistant Secretary, Infrastructure Protection.
``(ii) The Assistant Secretary for Public Affairs.
``(iii) The Assistant Secretary for Legislative Affairs.
``(B) Secretarial appointments.--The Department shall have the following Assistant Secretaries appointed by the Secretary:
``(i) The Principal Assistant Secretary for External Affairs.
``(ii) The Assistant Secretary, Office of Cybersecurity and Communications.
``(iii) The Assistant Secretary for International Affairs.
``(iv) The Assistant Secretary for Partnership and Engagement.
``(v) The Assistant Secretary for Threat Prevention and Security Policy.
``(vi) The Assistant Secretary for Border, Immigration, and Trade Policy.
``(vii) The Assistant Secretary for Cyber, Infrastructure, and Resilience Policy.
``(viii) The Assistant Secretary for Strategy, Planning, Analysis, and Risk.
``(ix) The Assistant Secretary for State and Local Law Enforcement.'';
and (4) by adding at the end the following new paragraphs:
``(3) Assistant secretary for legislative affairs.--The Assistant Secretary for Legislative Affairs shall oversee one internal reporting structure for engaging with authorizing and appropriating congressional committees.
``(4) Limitation on creation of positions.--No Assistant Secretary position may be created in addition to the positions provided for by this section unless such position is authorized by a statute enacted after the date of the enactment of the Department of Homeland Security Authorization Act for Fiscal Years 2018 and 2019.''.
(d) Homeland Security Advisory Council.--Subsection (b) of section of the Homeland Security Act of 2002 (6 U.S.C.
112) is amended-- (1) in paragraph (2), by striking ``and'' at the end;
(2) in paragraph (3), by striking the period at the end and inserting ``;
andand</DELETED> <DELETED> (3) by adding at the end the following new paragraph:paragraph:</DELETED> <DELETED> ``(4) shall establish a Homeland Security Advisory Council to provide advice and recommendations on homeland security-related matters, including advice with respect to the preparation of the Quadrennial Homeland Security Review.''.</DELETED> <DELETED> (e) Prohibition on New Offices.--No new office may be created to perform functions transferred by this section, other than as provided in section 709 of the Homeland Security Act of 2002, as amended by this Act.</DELETED> <DELETED> (f) Definitions.--In this section each of the terms ``functions'', ``assets'', and ``personnel'' has the meaning given each such term under section 2 of the Homeland Security Act of 2002 (6 U.S.C.
``(4)101).</DELETED> <DELETED> (g) Duplication Review.--</DELETED> <DELETED> (1) Review required.--Not later than one year after the date of the enactment of this Act, the Secretary of Homeland Security shall establishcomplete a review of the functions and responsibilities of each Department of Homeland Security Advisorycomponent Councilresponsible for international affairs to identify and eliminate areas of unnecessary duplication.</DELETED> <DELETED> (2) Submission to congress.--Not later than 30 days after the completion of the review required under paragraph (1), the Secretary shall provide advicethe results of the review to the Committee on Homeland Security of the House of Representatives and recommendationsthe Committee on Homeland Security and Governmental Affairs of the Senate.</DELETED> <DELETED> (3) Action plan.--Not later than one year after the date of the enactment of this Act, the Secretary shall submit to the congressional homeland security-security relatedcommittees matters,an action plan, including advicecorrective withsteps respectand an estimated date of completion, to address areas of duplication, fragmentation, and overlap and opportunities for cost savings and revenue enhancement, as identified by the preparationGovernment Accountability Office based on the annual report of the QuadrennialGovernment HomelandAccountability SecurityOffice Review.''.entitled ``Additional Opportunities to Reduce Fragmentation, Overlap, and Duplication and Achieve Other Financial Benefits''.</DELETED> <DELETED>SEC.
(e) Prohibition on New Offices.--No new office may be created to perform functions transferred by this section, other than as provided in section 709 of the Homeland Security Act of 2002, as amended by this Act.
(f) Definitions.--In this section each of the terms ``functions'', ``assets'', and ``personnel'' has the meaning given each such term under section 2 of the Homeland Security Act of 2002 (6 U.S.C.
101).
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- Reported Reported to Senate Current html April 16, 2018
- Engrossed Engrossed in House html July 20, 2017
- Referred in Senate View text html July 20, 2017
- Reported Reported in House html June 28, 2017
- Introduced Introduced in House html June 08, 2017
Sections of law this bill changes
152 sections in 35 lawsFrom the bill's own amending language, matched to the official United States Code (current through Public Law 119-121).
Incentive awards · 5 U.S.C. ch. 45 1 section
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§ 4509 Prohibition of cash award to Executive Schedule officers Amends
5 U.S.C. § 4509
The law today
No officer may receive a cash award under the provisions of this subchapter, if such officer— (1) serves in— (A) an Executive Schedule position under subchapter II of chapter 53; or (B) a position for which the compensation is set in statute by reference to a section or level under subchapter II of chapter 53; and (2) was appointed to such position by the President, by and with the advice and consent of the Senate.6 other bills also change this section · Follow it → Official text at uscode.house.gov ↗
Pay rates and systems · 5 U.S.C. ch. 53 2 sections
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§ 5314 Positions at level III Amends
5 U.S.C. § 5314
The law today
Level III of the Executive Schedule applies to the following positions, for which the annual rate of basic pay shall be the rate determined with respect to such level under chapter 11 of title 2, as adjusted by section 5318 of this title: Solicitor General of the United States. Under Secretary of Commerce, Under Secretary of Commerce for Economic Affairs, Under Secretary of Commerce for Industry and Security, Under Secretary of Commerce for Travel and Tourism, and Under Secretary of Commerce for Minority Business Development. Under Secretaries of State (6). Under Secretaries of the Treasury (3). Administrator of General Services. Administrator of the Small Business Administration. Deputy Administrator, Agency for International Development. Chairman of the Merit Systems Protection Board. Chairman, Federal Communications Commission. Chairman, Board of Directors, Federal Deposit Insurance Corporation. Chairman, Federal Energy Regulatory Commission. Chairman, Federal Trade Commission. Chairman, Surface Transportation Board. Chairman, National Labor Relations Board. Chairman, Securities and Exchange Commission. Chairman, National Mediation Board. Chairman, Railroad Retirement Board. Chairman, Federal Maritime Commission. Comptroller of the Currency. Commissioner of Internal Revenue. Under Secretary of Defense for Research and Engineering. Under Secretary of Defense for Acquisition and Sustainment. Under Secretary of Defense for Policy. Under Secretary of Defense (Comptroller). Under Secretary of Defense for Personnel and Readiness. Under Secretary of Defense for Intelligence and Security. Under Secretary of the Air Force. Under Secretary of the Army. Under Secretary of the Navy. Deputy Administrator of the National Aeronautics and Space Administration. Deputy Director of the Central Intelligence Agency. Director of the Office of Emergency Planning. Director of the Peace Corps. Deputy Director, National Science Foundation. President of the Export-Import Bank of Washington. Members, Nuclear Regulatory Commission. Members, Defense Nuclear Facilities Safety Board. Director of the Federal Bureau of Investigation, Department of Justice. Administrator of the National Highway Traffic Safety Administration. Administrator of the Federal Motor Carrier Safety Administration. Administrator, Federal Railroad Administration. Chairman, National Transportation Safety Board. Chairman of the National Endowment for the Arts the incumbent of which also serves as Chairman of the National Council on the Arts. Chairman of the National Endowment for the Humanities. Director of the Federal Mediation and Conciliation Service. Chairman, Postal Regulatory Commission. Chairman, Occupational Safety and Health Review Commission. Governor of the Farm Credit Administration. Chairman, Equal Employment Opportunity Commission. Chairman, Consumer Product Safety Commission. Under Secretaries of Energy (3). Chairman, Commodity Futures Trading Commission. Deputy United States Trade Representatives (3). Chief Agricultural Negotiator, Office of the United States Trade Representative. Chief Innovation and Intellectual Property Negotiator, Office of the United States Trade Representative. Chairman, United States International Trade Commission. Under Secretary of Commerce for Oceans and Atmosphere, the incumbent of which also serves as Administrator of the National Oceanic and Atmospheric Administration. Under Secretary of Commerce for Standards and Technology, who also serves as Director of the National Institute of Standards and Technology. Associate Attorney General. Chairman, Federal Mine Safety and Health Review Commission. Chairman, National Credit Union Administration Board. Deputy Director of the Office of Personnel Management. Under Secretary of Agriculture for Farm Production and Conservation. Under Secretary of Agriculture for Trade and Foreign Agricultural Affairs. Under Secretary of Agriculture for Food, Nutrition, and Consumer Services. Under Secretary of Agri...50 other bills also change this section · Follow it → Official text at uscode.house.gov ↗
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§ 5315 Positions at level IV Amends
5 U.S.C. § 5315
The law today
Level IV of the Executive Schedule applies to the following positions, for which the annual rate of basic pay shall be the rate determined with respect to such level under chapter 11 of title 2, as adjusted by section 5318 of this title: Deputy Administrator of General Services. Associate Administrator of the National Aeronautics and Space Administration. Assistant Administrators, Agency for International Development (6). Regional Assistant Administrators, Agency for International Development (4). Assistant Secretaries of Agriculture (3). Assistant Secretaries of Commerce (11). Assistant Secretaries of Defense (20). Assistant Secretaries of the Air Force (5). Assistant Secretaries of the Army (5). Assistant Secretaries of the Navy (4). Assistant Secretaries of Health and Human Services (6). Assistant Secretaries of the Interior (6). Assistant Attorneys General (11). Assistant Secretaries of Labor (10), one of whom shall be the Assistant Secretary of Labor for Veterans’ Employment and Training. Administrator, Wage and Hour Division, Department of Labor. Assistant Secretaries of State (24) and 4 other State Department officials to be appointed by the President, by and with the advice and consent of the Senate. Assistant Secretaries of the Treasury (10). Members, United States International Trade Commission (5). Assistant Secretaries of Education (10). General Counsel, Department of Education. Director of Civil Defense, Department of the Army. Deputy Director of the Office of Emergency Planning. Deputy Director of the Office of Science and Technology. Deputy Director of the Peace Corps. Assistant Directors of the Office of Management and Budget (3). General Counsel of the Department of Agriculture. General Counsel of the Department of Commerce. General Counsel of the Department of Defense. General Counsel of the Department of Health and Human Services. Solicitor of the Department of the Interior. Solicitor of the Department of Labor. General Counsel of the National Labor Relations Board. General Counsel of the Department of the Treasury. First Vice President of the Export-Import Bank of Washington. Members, Council of Economic Advisers. Members, Board of Directors of the Export-Import Bank of Washington. Members, Federal Communications Commission. Member, Board of Directors of the Federal Deposit Insurance Corporation. Directors, Federal Housing Finance Board. Members, Federal Energy Regulatory Commission. Members, Federal Trade Commission. Members, Surface Transportation Board. Members, National Labor Relations Board. Members, Securities and Exchange Commission. Members, Merit Systems Protection Board. Members, Federal Maritime Commission. Members, National Mediation Board. Members, Railroad Retirement Board. Director of Selective Service. Associate Director of the Federal Bureau of Investigation, Department of Justice. Members, Equal Employment Opportunity Commission (4). Director, Community Relations Service. Members, National Transportation Safety Board. General Counsel, Department of Transportation. Deputy Administrator, Federal Aviation Administration. Assistant Secretaries of Transportation (5). Deputy Federal Highway Administrator. Administrator of the Great Lakes St. Lawrence Seaway Development Corporation. Assistant Secretary for Science, Smithsonian Institution. Assistant Secretary for History and Art, Smithsonian Institution. Deputy Administrator of the Small Business Administration. Assistant Secretaries of Housing and Urban Development (8). General Counsel of the Department of Housing and Urban Development. Commissioner of Interama. Federal Insurance Administrator, Federal Emergency Management Agency. Members, National Credit Union Administration Board (2). Members, Postal Regulatory Commission (4). Members, Occupational Safety and Health Review Commission. Deputy Under Secretaries of the Treasury (or Assistant Secretaries of the Treasury) (2). Members, Consumer Product Safety Commission (4). Members, Commodity F...65 other bills also change this section · Follow it → Official text at uscode.house.gov ↗
Federal emergency management agency personnel · 5 U.S.C. ch. 101 1 section
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§ 10102 Strategic human capital plan Amends
5 U.S.C. § 10102 — at 10102(c)
The law today
(a) Plan Development.— Not later than 6 months after the date of enactment of this chapter, the Administrator shall develop and submit to the appropriate committees of Congress a strategic human capital plan to shape and improve the workforce of the Agency. (b) Contents.— The strategic human capital plan shall include— (1) a workforce gap analysis, including an assessment of— (A) the critical skills and competencies that will be needed in the workforce of the Agency to support the mission and responsibilities of, and effectively manage, the Agency during the 10-year period beginning on the date of enactment of this chapter; (B) the skills and competencies of the workforce of the Agency on the day before the date of enactment of this chapter and projected trends in that workforce, based on expected losses due to retirement and other attrition; and (C) the staffing levels of each category of employee, including gaps in the workforce of the Agency on the day before the date of enactment of this chapter and in the projected workforce of the Agency that should be addressed to ensure that the Agency has continued access to the critical skills and competencies described in subparagraph (A); (2) a plan of action for developing and reshaping the workforce of the Agency to address the gaps in critical skills and competencies identified under paragraph (1)(C), including— (A) specific recruitment and retention goals, including the use of the bonus authorities under this chapter as well as other bonus authorities (including the program objective of the Agency to be achieved through such goals); (B) specific strategies for developing, training, deploying, compensating, and motivating and retaining the Agency workforce and its ability to fulfill the Agency’s mission and responsibilities (including the program objectives of the Department and the Agency to be achieved through such strategies); (C) specific strategies for recruiting individuals who have served in multiple State agencies with emergency management responsibilities; and (D) specific strategies for the development, training, and coordinated and rapid deployment of the Surge Capacity Force; and (3) a discussion that— (A) details the number of employees of the Department not employed by the Agency serving in the Surge Capacity Force and the qualifications or credentials of such individuals; (B) details the number of individuals not employed by the Department serving in the Surge Capacity Force and the qualifications or credentials of such individuals; (C) describes the training given to the Surge Capacity Force during the calendar year preceding the year of submission of the plan under subsection (c); (D) states whether the Surge Capacity Force is able to adequately prepare for, respond to, and recover from natural disasters, acts of terrorism, and other man-made disasters, including catastrophic incidents; and (E) describes any additional authorities or resources necessary to address any deficiencies in the Surge Capacity Force. (c) Annual Updates.— Not later than May 1, 2007, and May 1st of each of the next 5 succeeding years, the Administrator shall submit to the appropriate committees of Congress an update of the strategic human capital plan, including an assessment by the Administrator, using results-oriented performance measures, of the progress of the Department and the Agency in implementing the strategic human capital plan.1 other bill also changes this section · Follow it → Official text at uscode.house.gov ↗
Homeland security organization · 6 U.S.C. ch. 1 39 sections Amends the act as a whole 1 repealed
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§ 112 Secretary; functions Amends
6 U.S.C. § 112 — at 112(b) and 112(f)
The law today
(a) Secretary (1) In general There is a Secretary of Homeland Security, appointed by the President, by and with the advice and consent of the Senate. (2) Head of Department The Secretary is the head of the Department and shall have direction, authority, and control over it. (3) Functions vested in Secretary All functions of all officers, employees, and organizational units of the Department are vested in the Secretary. (b) Functions The Secretary— (1) except as otherwise provided by this chapter, may delegate any of the Secretary’s functions to any officer, employee, or organizational unit of the Department; (2) shall have the authority to make contracts, grants, and cooperative agreements, and to enter into agreements with other executive agencies, as may be necessary and proper to carry out the Secretary’s responsibilities under this chapter or otherwise provided by law; and (3) shall take reasonable steps to ensure that information systems and databases of the Department are compatible with each other and with appropriate databases of other Departments. (c) Coordination with non-Federal entities With respect to homeland security, the Secretary shall coordinate through the Office of State and Local Coordination 1 (established under section 361 of this title) (including the provision of training and equipment) with State and local government personnel, agencies, and authorities, with the private sector, and with other entities, including by— (1) coordinating with State and local government personnel, agencies, and authorities, and with the private sector, to ensure adequate planning, equipment, training, and exercise activities; (2) coordinating and, as appropriate, consolidating, the Federal Government’s communications and systems of communications relating to homeland security with State and local government personnel, agencies, and authorities, the private sector, other entities, and the public; and (3) distributing or, as appropriate, coordinating the distribution of, warnings and information to State and local government personnel, agencies, and authorities and to the public. (d) Meetings of National Security Council The Secretary may, subject to the direction of the President, attend and participate in meetings of the National Security Council. (e) Issuance of regulations The issuance of regulations by the Secretary shall be governed by the provisions of chapter 5 of title 5, except as specifically provided in this chapter, in laws granting regulatory authorities that are transferred by this chapter, and in laws enacted after November 25, 2002. (f) Special Assistant to the Secretary The Secretary shall appoint a Special Assistant to the Secretary who shall be responsible for— (1) creating and fostering strategic communications with the private sector to enhance the primary mission of the Department to protect the American homeland; (2) advising the Secretary on the impact of the Department’s policies, regulations, processes, and actions on the private sector; (3) interfacing with other relevant Federal agencies with homeland security missions to assess the impact of these agencies’ actions on the private sector; (4) creating and managing private sector advisory councils composed of representatives of industries and associations designated by the Secretary to— (A) advise the Secretary on private sector products, applications, and solutions as they relate to homeland security challenges; (B) advise the Secretary on homeland security policies, regulations, processes, and actions that affect the participating industries and associations; and (C) advise the Secretary on private sector preparedness issues, including effective methods for— (i) promoting voluntary preparedness standards to the private sector; and (ii) assisting the private sector in adopting voluntary preparedness standards; (5) working with Federal laboratories, federally funded research and development centers, other federally funded organizations, academi...5 other bills also change this section · Follow it → Official text at uscode.house.gov ↗
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§ 113 Other officers Amends
6 U.S.C. § 113 — at 113(a) and 113(d)
The law today
(a) Deputy Secretary; Under Secretaries (1) In general Except as provided under paragraph (2), there are the following officers, appointed by the President, by and with the advice and consent of the Senate: (A) A Deputy Secretary of Homeland Security, who shall be the Secretary’s first assistant for purposes of subchapter III of chapter 33 of title 5. (B) An Under Secretary for Science and Technology. (C) A Commissioner of U.S. Customs and Border Protection. (D) An Administrator of the Federal Emergency Management Agency. (E) A Director of the Bureau of Citizenship and Immigration Services. (F) An Under Secretary for Management, who shall be first assistant to the Deputy Secretary of Homeland Security for purposes of subchapter III of chapter 33 of title 5. (G) A Director of U.S. Immigration and Customs Enforcement. (H) A Director of the Cybersecurity and Infrastructure Security Agency. (I) Not more than 12 Assistant Secretaries. (J) A General Counsel, who shall be the chief legal officer of the Department. (K) An Under Secretary for Strategy, Policy, and Plans. (2) Assistant Secretaries If any of the Assistant Secretaries referred to under paragraph (1)(I) is designated to be the Assistant Secretary for Health Affairs, the Assistant Secretary for Legislative Affairs, or the Assistant Secretary for Public Affairs, that Assistant Secretary shall be appointed by the President without the advice and consent of the Senate. (b) Inspector General There shall be in the Department an Office of Inspector General and an Inspector General at the head of such office, as provided in chapter 4 of title 5. (c) Commandant of the Coast Guard To assist the Secretary in the performance of the Secretary’s functions, there is a Commandant of the Coast Guard, who shall be appointed as provided in section 44 1 of title 14 and who shall report directly to the Secretary. In addition to such duties as may be provided in this chapter and as assigned to the Commandant by the Secretary, the duties of the Commandant shall include those required by section 2 1 of title 14. (d) Other officers To assist the Secretary in the performance of the Secretary’s functions, there are the following officers, appointed by the President: (1) A Director of the Secret Service. (2) A Chief Information Officer. (3) An Officer for Civil Rights and Civil Liberties. (4) An Assistant Secretary for the Countering Weapons of Mass Destruction Office. (5) Any Director of a Joint Task Force under section 348 of this title. (e) Chief Financial Officer There shall be in the Department a Chief Financial Officer, as provided in chapter 9 of title 31. (f) Performance of specific functions Subject to the provisions of this chapter, every officer of the Department shall perform the functions specified by law for the official’s office or prescribed by the Secretary. (g) Vacancies (1) Absence, disability, or vacancy of Secretary or Deputy Secretary Notwithstanding chapter 33 of title 5, the Under Secretary for Management shall serve as the Acting Secretary if by reason of absence, disability, or vacancy in office, neither the Secretary nor Deputy Secretary is available to exercise the duties of the Office of the Secretary. (2) Further order of succession Notwithstanding chapter 33 of title 5, the Secretary may designate such other officers of the Department in further order of succession to serve as Acting Secretary. (3) Notification of vacancies The Secretary shall notify the Committee on Homeland Security and Governmental Affairs of the Senate and the Committee on Homeland Security of the House of Representatives of any vacancies that require notification under sections 3345 through 3349d of title 5 (commonly known as the “Federal Vacancies Reform Act of 1998”).5 other bills also change this section · Follow it → Official text at uscode.house.gov ↗
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§ 124h Department of Homeland Security State, Local, and Regional Fusion Center Initiative Amends
6 U.S.C. § 124h
The law today
(a) Establishment The Secretary, in consultation with the program manager of the information sharing environment established under section 485 of this title, the Attorney General, the Privacy Officer of the Department, the Officer for Civil Rights and Civil Liberties of the Department, and the Privacy and Civil Liberties Oversight Board established under section 2000ee of title 42, shall establish a Department of Homeland Security State, Local, and Regional Fusion Center Initiative to establish partnerships with State, local, and regional fusion centers. (b) Department support and coordination Through the Department of Homeland Security State, Local, and Regional Fusion Center Initiative, and in coordination with the principal officials of participating State, local, or regional fusion centers and the officers designated as the Homeland Security Advisors of the States, the Secretary shall— (1) provide operational and intelligence advice and assistance to State, local, and regional fusion centers; (2) support efforts to include State, local, and regional fusion centers into efforts to establish an information sharing environment; (3) conduct tabletop and live training exercises to regularly assess the capability of individual and regional networks of State, local, and regional fusion centers to integrate the efforts of such networks with the efforts of the Department; (4) coordinate with other relevant Federal entities engaged in homeland security-related activities; (5) provide analytic and reporting advice and assistance to State, local, and regional fusion centers; (6) review information within the scope of the information sharing environment, including homeland security information, terrorism information, and weapons of mass destruction information, that is gathered by State, local, and regional fusion centers, and to incorporate such information, as appropriate, into the Department’s own such information; (7) provide management assistance to State, local, and regional fusion centers; (8) serve as a point of contact to ensure the dissemination of information within the scope of the information sharing environment, including homeland security information, terrorism information, and weapons of mass destruction information; (9) facilitate close communication and coordination between State, local, and regional fusion centers and the Department; (10) provide State, local, and regional fusion centers with expertise on Department resources and operations; (11) provide training to State, local, and regional fusion centers and encourage such fusion centers to participate in terrorism threat-related exercises conducted by the Department; and (12) carry out such other duties as the Secretary determines are appropriate. (c) Personnel assignment (1) In general The Under Secretary for Intelligence and Analysis shall, to the maximum extent practicable, assign officers and intelligence analysts from components of the Department to participating State, local, and regional fusion centers. (2) Personnel sources Officers and intelligence analysts assigned to participating fusion centers under this subsection may be assigned from the following Department components, in coordination with the respective component head and in consultation with the principal officials of participating fusion centers: (A) Office of Intelligence and Analysis. (B) Cybersecurity and Infrastructure Security Agency. (C) Transportation Security Administration. (D) United States Customs and Border Protection. (E) United States Immigration and Customs Enforcement. (F) United States Coast Guard. (G) Other components of the Department, as determined by the Secretary. (3) Qualifying criteria (A) In general The Secretary shall develop qualifying criteria for a fusion center to participate in the assigning of Department officers or intelligence analysts under this section. (B) Criteria Any criteria developed under subparagraph (A) may include— (i) whether the fusion center, t...7 other bills also change this section · Follow it → Official text at uscode.house.gov ↗
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§ 142 Privacy officer Amends
6 U.S.C. § 142 — at 142(a)
The law today
(a) Appointment and responsibilities The Secretary shall appoint a senior official in the Department, who shall report directly to the Secretary, to assume primary responsibility for privacy policy, including— (1) assuring that the use of technologies sustain, and do not erode, privacy protections relating to the use, collection, and disclosure of personal information; (2) assuring that personal information contained in Privacy Act systems of records is handled in full compliance with fair information practices as set out in the Privacy Act of 1974 [5 U.S.C. 552a]; (3) evaluating legislative and regulatory proposals involving collection, use, and disclosure of personal information by the Federal Government; (4) conducting a privacy impact assessment of proposed rules of the Department or that of the Department on the privacy of personal information, including the type of personal information collected and the number of people affected; (5) coordinating with the Officer for Civil Rights and Civil Liberties to ensure that— (A) programs, policies, and procedures involving civil rights, civil liberties, and privacy considerations are addressed in an integrated and comprehensive manner; and (B) Congress receives appropriate reports on such programs, policies, and procedures; and (6) preparing a report to Congress on an annual basis on activities of the Department that affect privacy, including complaints of privacy violations, implementation of the Privacy Act of 1974 [5 U.S.C. 552a], internal controls, and other matters. (b) Authority to investigate (1) In general The senior official appointed under subsection (a) may— (A) have access to all records, reports, audits, reviews, documents, papers, recommendations, and other materials available to the Department that relate to programs and operations with respect to the responsibilities of the senior official under this section; (B) make such investigations and reports relating to the administration of the programs and operations of the Department as are, in the senior official’s judgment, necessary or desirable; (C) subject to the approval of the Secretary, require by subpoena the production, by any person other than a Federal agency, of all information, documents, reports, answers, records, accounts, papers, and other data and documentary evidence necessary to performance of the responsibilities of the senior official under this section; and (D) administer to or take from any person an oath, affirmation, or affidavit, whenever necessary to performance of the responsibilities of the senior official under this section. (2) Enforcement of subpoenas Any subpoena issued under paragraph (1)(C) shall, in the case of contumacy or refusal to obey, be enforceable by order of any appropriate United States district court. (3) Effect of oaths Any oath, affirmation, or affidavit administered or taken under paragraph (1)(D) by or before an employee of the Privacy Office designated for that purpose by the senior official appointed under subsection (a) shall have the same force and effect as if administered or taken by or before an officer having a seal of office. (c) Supervision and coordination (1) In general The senior official appointed under subsection (a) shall— (A) report to, and be under the general supervision of, the Secretary; and (B) coordinate activities with the Inspector General of the Department in order to avoid duplication of effort. (2) Coordination with the Inspector General (A) In general Except as provided in subparagraph (B), the senior official appointed under subsection (a) may investigate any matter relating to possible violations or abuse concerning the administration of any program or operation of the Department relevant to the purposes under this section. (B) Coordination (i) Referral Before initiating any investigation described under subparagraph (A), the senior official shall refer the matter and all related complaints, allegations, and information to the Inspector...3 other bills also change this section · Follow it → Official text at uscode.house.gov ↗
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§ 182 Responsibilities and authorities of the Under Secretary for Science and Technology Amends
6 U.S.C. § 182
The law today
The Secretary, acting through the Under Secretary for Science and Technology, shall have the responsibility for— (1) advising the Secretary regarding research and development efforts and priorities in support of the Department’s missions; (2) developing, in consultation with other appropriate executive agencies, a national policy and strategic plan for, identifying priorities, goals, objectives and policies for, and coordinating the Federal Government’s civilian efforts to identify and develop countermeasures to chemical, biological, and other emerging terrorist threats, including the development of comprehensive, research-based definable goals for such efforts and development of annual measurable objectives and specific targets to accomplish and evaluate the goals for such efforts; (3) supporting the Under Secretary for Intelligence and Analysis and the Director of the Cybersecurity and Infrastructure Security Agency, by assessing and testing homeland security vulnerabilities and possible threats; (4) conducting basic and applied research, development, demonstration, testing, and evaluation activities that are relevant to any or all elements of the Department, through both intramural and extramural programs, except that such responsibility does not extend to human health-related research and development activities; (5) establishing priorities for, directing, funding, and conducting national research, development, test and evaluation, and procurement of technology and systems for— (A) preventing the importation of chemical, biological, and related weapons and material; and (B) detecting, preventing, protecting against, and responding to terrorist attacks; (6) establishing a system for transferring homeland security developments or technologies to Federal, State, local government, and private sector entities; (7) entering into work agreements, joint sponsorships, contracts, or any other agreements with the Department of Energy regarding the use of the national laboratories or sites and support of the science and technology base at those facilities; (8) collaborating with the Secretary of Agriculture and the Attorney General as provided in section 8401 of title 7; (9) collaborating with the Secretary of Health and Human Services and the Attorney General in determining any new biological agents and toxins that shall be listed as “select agents” in Appendix A of part 72 of title 42, Code of Federal Regulations, pursuant to section 262a of title 42; (10) supporting United States leadership in science and technology; (11) establishing and administering the primary research and development activities of the Department, including the long-term research and development needs and capabilities for all elements of the Department; (12) coordinating and integrating all research, development, demonstration, testing, and evaluation activities of the Department; (13) coordinating with other appropriate executive agencies in developing and carrying out the science and technology agenda of the Department to reduce duplication and identify unmet needs; (14) developing and overseeing the administration of guidelines for merit review of research and development projects throughout the Department, and for the dissemination of research conducted or sponsored by the Department; and (15) carrying out, in coordination with the Drug Enforcement Administration, research, development, testing, evaluation, and cost-benefit analyses to improve the safety, effectiveness, and efficiency of equipment and the effectiveness and efficiency of reference libraries for use by Federal, State, local, Tribal, and territorial law enforcement agencies for the accurate detection of drugs, such as fentanyl and xylazine, including— (A) portable equipment that can detect and identify drugs with minimal or no handling of the sample; (B) equipment that can separate complex mixtures containing low concentrations of drugs and high concentrations of cutting agents into their co...5 other bills also change this section · Follow it → Official text at uscode.house.gov ↗
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§ 187 Homeland Security Advanced Research Projects Agency Amends
6 U.S.C. § 187
The law today
(a) Definitions In this section: (1) Fund The term “Fund” means the Acceleration Fund for Research and Development of Homeland Security Technologies established in subsection (c). (2) Homeland security research The term “homeland security research” means research relevant to the detection of, prevention of, protection against, response to, attribution of, and recovery from homeland security threats, particularly acts of terrorism. (3) HSARPA The term “HSARPA” means the Homeland Security Advanced Research Projects Agency established in subsection (b). (4) Under Secretary The term “Under Secretary” means the Under Secretary for Science and Technology. (b) Homeland Security Advanced Research Projects Agency (1) Establishment There is established the Homeland Security Advanced Research Projects Agency. (2) Director HSARPA shall be headed by a Director, who shall be appointed by the Secretary. The Director shall report to the Under Secretary. (3) Responsibilities The Director shall administer the Fund to award competitive, merit-reviewed grants, cooperative agreements or contracts to public or private entities, including businesses, federally funded research and development centers, and universities. The Director shall administer the Fund to— (A) support basic and applied homeland security research to promote revolutionary changes in technologies that would promote homeland security; (B) advance the development, testing and evaluation, and deployment of critical homeland security technologies; (C) accelerate the prototyping and deployment of technologies that would address homeland security vulnerabilities; and (D) conduct research and development for the purpose of advancing technology for the investigation of child exploitation crimes, including child victim identification, trafficking in persons, and child pornography, and for advanced forensics. (4) Targeted competitions The Director may solicit proposals to address specific vulnerabilities identified by the Director. (5) Coordination The Director shall ensure that the activities of HSARPA are coordinated with those of other relevant research agencies, and may run projects jointly with other agencies. (6) Personnel In hiring personnel for HSARPA, the Secretary shall have the hiring and management authorities described in section 1101 1 of the Strom Thurmond National Defense Authorization Act for Fiscal Year 1999 (5 U.S.C. 3104 note; Public Law 105–261). The term of appointments for employees under subsection (c)(1) of that section may not exceed 5 years before the granting of any extension under subsection (c)(2) of that section. (7) Demonstrations The Director, periodically, shall hold homeland security technology demonstrations to improve contact among technology developers, vendors and acquisition personnel. (c) Fund (1) Establishment There is established the Acceleration Fund for Research and Development of Homeland Security Technologies, which shall be administered by the Director of HSARPA. (2) Authorization of appropriations There are authorized to be appropriated $500,000,000 to the Fund for fiscal year 2003 and such sums as may be necessary thereafter. (3) Coast Guard Of the funds authorized to be appropriated under paragraph (2), not less than 10 percent of such funds for each fiscal year through fiscal year 2005 shall be authorized only for the Under Secretary, through joint agreement with the Commandant of the Coast Guard, to carry out research and development of improved ports, waterways and coastal security surveillance and perimeter protection capabilities for the purpose of minimizing the possibility that Coast Guard cutters, aircraft, helicopters, and personnel will be diverted from non-homeland security missions to the ports, waterways and coastal security mission.1 other bill also changes this section · Follow it → Official text at uscode.house.gov ↗
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§ 195b National Biosurveillance Integration Center Amends
6 U.S.C. § 195b — at 195b(a)
The law today
(a) Establishment The Secretary, acting through the Assistant Secretary for the Countering Weapons of Mass Destruction Office, shall establish, operate, and maintain a National Biosurveillance Integration Center (referred to in this section as the “NBIC”), which shall be headed by a Directing Officer, under an office or directorate of the Department that is in existence as of August 3, 2007. (b) Primary mission The primary mission of the NBIC is to— (1) enhance the capability of the Federal Government to— (A) rapidly identify, characterize, localize, and track a biological event of national concern by integrating and analyzing data relating to human health, animal, plant, food, and environmental monitoring systems (both national and international); and (B) disseminate alerts and other information to Member Agencies and, in coordination with (and where possible through) Member Agencies, to agencies of State, local, and tribal governments, as appropriate, to enhance the ability of such agencies to respond to a biological event of national concern; and (2) oversee development and operation of the National Biosurveillance Integration System. (c) Requirements The NBIC shall detect, as early as possible, a biological event of national concern that presents a risk to the United States or the infrastructure or key assets of the United States, including by— (1) consolidating data from all relevant surveillance systems maintained by Member Agencies to detect biological events of national concern across human, animal, and plant species; (2) seeking private sources of surveillance, both foreign and domestic, when such sources would enhance coverage of critical surveillance gaps; (3) using an information technology system that uses the best available statistical and other analytical tools to identify and characterize biological events of national concern in as close to real-time as is practicable; (4) providing the infrastructure for such integration, including information technology systems and space, and support for personnel from Member Agencies with sufficient expertise to enable analysis and interpretation of data; (5) working with Member Agencies to create information technology systems that use the minimum amount of patient data necessary and consider patient confidentiality and privacy issues at all stages of development and apprise the Privacy Officer of such efforts; and (6) alerting Member Agencies and, in coordination with (and where possible through) Member Agencies, public health agencies of State, local, and tribal governments regarding any incident that could develop into a biological event of national concern. (d) Responsibilities of the Directing Officer of the NBIC (1) In general The Directing Officer of the NBIC shall— (A) on an ongoing basis, monitor the availability and appropriateness of surveillance systems used by the NBIC and those systems that could enhance biological situational awareness or the overall performance of the NBIC; (B) on an ongoing basis, review and seek to improve the statistical and other analytical methods used by the NBIC; (C) receive and consider other relevant homeland security information, as appropriate; and (D) provide technical assistance, as appropriate, to all Federal, regional, State, local, and tribal government entities and private sector entities that contribute data relevant to the operation of the NBIC. (2) Assessments The Directing Officer of the NBIC shall— (A) on an ongoing basis, evaluate available data for evidence of a biological event of national concern; and (B) integrate homeland security information with NBIC data to provide overall situational awareness and determine whether a biological event of national concern has occurred. (3) Information sharing (A) In general The Directing Officer of the NBIC shall— (i) establish a method of real-time communication with the National Operations Center; (ii) in the event that a biological event of national concern is detected, no... -
§ 195c Promoting antiterrorism through international cooperation program Amends
6 U.S.C. § 195c — at 195c(f)
The law today
(a) Definitions In this section: (1) Director The term “Director” means the Director selected under subsection (b)(2). (2) International cooperative activity The term “international cooperative activity” includes— (A) coordinated research projects, joint research projects, or joint ventures; (B) joint studies or technical demonstrations; (C) coordinated field exercises, scientific seminars, conferences, symposia, and workshops; (D) training of scientists and engineers; (E) visits and exchanges of scientists, engineers, or other appropriate personnel; (F) exchanges or sharing of scientific and technological information; and (G) joint use of laboratory facilities and equipment. (b) Science and Technology Homeland Security International Cooperative Programs Office (1) Establishment The Under Secretary shall establish the Science and Technology Homeland Security International Cooperative Programs Office. (2) Director The Office shall be headed by a Director, who— (A) shall be selected, in consultation with the Assistant Secretary for International Affairs, by and shall report to the Under Secretary; and (B) may be an officer of the Department serving in another position. (3) Responsibilities (A) Development of mechanisms The Director shall be responsible for developing, in coordination with the Department of State and, as appropriate, the Department of Defense, the Department of Energy, and other Federal agencies, understandings and agreements to allow and to support international cooperative activity in support of homeland security. (B) Priorities The Director shall be responsible for developing, in coordination with the Office of International Affairs and other Federal agencies, strategic priorities for international cooperative activity for the Department in support of homeland security. (C) Activities The Director shall facilitate the planning, development, and implementation of international cooperative activity to address the strategic priorities developed under subparagraph (B) through mechanisms the Under Secretary considers appropriate, including grants, cooperative agreements, or contracts to or with foreign public or private entities, governmental organizations, businesses (including small businesses and socially and economically disadvantaged small businesses (as those terms are defined in sections 632 and 637 of title 15, respectively)), federally funded research and development centers, and universities. (D) Identification of partners The Director shall facilitate the matching of United States entities engaged in homeland security research with non-United States entities engaged in homeland security research so that they may partner in homeland security research activities. (4) Coordination The Director shall ensure that the activities under this subsection are coordinated with the Office of International Affairs and the Department of State and, as appropriate, the Department of Defense, the Department of Energy, and other relevant Federal agencies or interagency bodies. The Director may enter into joint activities with other Federal agencies. (c) Matching funding (1) In general (A) Equitability The Director shall ensure that funding and resources expended in international cooperative activity will be equitably matched by the foreign partner government or other entity through direct funding, funding of complementary activities, or the provision of staff, facilities, material, or equipment. (B) Grant matching and repayment (i) In general The Secretary may require a recipient of a grant under this section— (I) to make a matching contribution of not more than 50 percent of the total cost of the proposed project for which the grant is awarded; and (II) to repay to the Secretary the amount of the grant (or a portion thereof), interest on such amount at an appropriate rate, and such charges for administration of the grant as the Secretary determines appropriate. (ii) Maximum amount The Secretary may not require that rep...5 other bills also change this section · Follow it → Official text at uscode.house.gov ↗
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§ 252 U.S. Immigration and Customs Enforcement Amends
6 U.S.C. § 252
The law today
(a) Establishment (1) In general There shall be in the Department of Homeland Security a bureau to be known as the “Bureau of Border Security”. (2) Assistant Secretary The head of U.S. Immigration and Customs Enforcement shall be the Assistant Secretary of U.S. Immigration and Customs Enforcement, who— (A) shall report directly to the Under Secretary for Border and Transportation Security; and (B) shall have a minimum of 5 years professional experience in law enforcement, and a minimum of 5 years of management experience. (3) Functions The Assistant Secretary of U.S. Immigration and Customs Enforcement— (A) shall establish the policies for performing such functions as are— (i) transferred to the Under Secretary for Border and Transportation Security by section 251 of this title and delegated to the Assistant Secretary by the Under Secretary for Border and Transportation Security; or (ii) otherwise vested in the Assistant Secretary by law; (B) shall oversee the administration of such policies; and (C) shall advise the Under Secretary for Border and Transportation Security with respect to any policy or operation of U.S. Immigration and Customs Enforcement affecting U.S. Citizenship and Immigration Services established under part E of this subchapter, including potentially conflicting policies or operations. (4) Program to collect information relating to foreign students The Assistant Secretary of U.S. Immigration and Customs Enforcement shall be responsible for administering the program to collect information relating to nonimmigrant foreign students and other exchange program participants described in section 1372 of title 8, including the Student and Exchange Visitor Information System established under that section, and shall use such information to carry out the enforcement functions of the agency. (5) Managerial rotation program (A) In general Not later than 1 year after the date on which the transfer of functions specified under section 251 of this title takes effect, the Assistant Secretary of U.S. Immigration and Customs Enforcement shall design and implement a managerial rotation program under which employees of such agency holding positions involving supervisory or managerial responsibility and classified, in accordance with chapter 51 of title 5, as a GS–14 or above, shall— (i) gain some experience in all the major functions performed by such agency; and (ii) work in at least one local office of such agency. (B) Report Not later than 2 years after the date on which the transfer of functions specified under section 251 of this title takes effect, the Secretary shall submit a report to the Congress on the implementation of such program. (b) Chief of Policy and Strategy (1) In general There shall be a position of Chief of Policy and Strategy for U.S. Immigration and Customs Enforcement. (2) Functions In consultation with U.S. Immigration and Customs Enforcement personnel in local offices, the Chief of Policy and Strategy shall be responsible for— (A) making policy recommendations and performing policy research and analysis on immigration enforcement issues; and (B) coordinating immigration policy issues with the Chief of Policy and Strategy for U.S. Citizenship and Immigration Services (established under part E of this subchapter), as appropriate. (c) Legal advisor There shall be a principal legal advisor to the Assistant Secretary of U.S. Immigration and Customs Enforcement. The legal advisor shall provide specialized legal advice to the Assistant Secretary of U.S. Immigration and Customs Enforcement and shall represent the agency in all exclusion, deportation, and removal proceedings before the Executive Office for Immigration Review.7 other bills also change this section · Follow it → Official text at uscode.house.gov ↗
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§ 271 Establishment of Bureau of Citizenship and Immigration Services Amends
6 U.S.C. § 271
The law today
(a) Establishment of Bureau (1) In general There shall be in the Department a bureau to be known as the “Bureau of Citizenship and Immigration Services”. (2) Director The head of the Bureau of Citizenship and Immigration Services shall be the Director of the Bureau of Citizenship and Immigration Services, who— (A) shall report directly to the Deputy Secretary; (B) shall have a minimum of 5 years of management experience; and (C) shall be paid at the same level as the Assistant Secretary of the Bureau of Border Security. (3) Functions The Director of the Bureau of Citizenship and Immigration Services— (A) shall establish the policies for performing such functions as are transferred to the Director by this section or this chapter or otherwise vested in the Director by law; (B) shall oversee the administration of such policies; (C) shall advise the Deputy Secretary with respect to any policy or operation of the Bureau of Citizenship and Immigration Services that may affect the Bureau of Border Security of the Department, including potentially conflicting policies or operations; (D) shall establish national immigration services policies and priorities; (E) shall meet regularly with the Ombudsman described in section 272 of this title to correct serious service problems identified by the Ombudsman; and (F) shall establish procedures requiring a formal response to any recommendations submitted in the Ombudsman’s annual report to Congress within 3 months after its submission to Congress. (4) Managerial rotation program (A) In general Not later than 1 year after the effective date specified in section 455,1 the Director of the Bureau of Citizenship and Immigration Services shall design and implement a managerial rotation program under which employees of such bureau holding positions involving supervisory or managerial responsibility and classified, in accordance with chapter 51 of title 5, as a GS–14 or above, shall— (i) gain some experience in all the major functions performed by such bureau; and (ii) work in at least one field office and one service center of such bureau. (B) Report Not later than 2 years after the effective date specified in section 455,1 the Secretary shall submit a report to Congress on the implementation of such program. (5) Pilot initiatives for backlog elimination The Director of the Bureau of Citizenship and Immigration Services is authorized to implement innovative pilot initiatives to eliminate any remaining backlog in the processing of immigration benefit applications, and to prevent any backlog in the processing of such applications from recurring, in accordance with section 1573(a) of title 8. Such initiatives may include measures such as increasing personnel, transferring personnel to focus on areas with the largest potential for backlog, and streamlining paperwork. (b) Transfer of functions from Commissioner In accordance with subchapter XII (relating to transition provisions), there are transferred from the Commissioner of Immigration and Naturalization to the Director of the Bureau of Citizenship and Immigration Services the following functions, and all personnel, infrastructure, and funding provided to the Commissioner in support of such functions immediately before the effective date specified in section 455: 1 (1) Adjudications of immigrant visa petitions. (2) Adjudications of naturalization petitions. (3) Adjudications of asylum and refugee applications. (4) Adjudications performed at service centers. (5) All other adjudications performed by the Immigration and Naturalization Service immediately before the effective date specified in section 455.1 (c) Chief of Policy and Strategy (1) In general There shall be a position of Chief of Policy and Strategy for the Bureau of Citizenship and Immigration Services. (2) Functions In consultation with Bureau of Citizenship and Immigration Services personnel in field offices, the Chief of Policy and Strategy shall be responsible for— (A) making policy rec...7 other bills also change this section · Follow it → Official text at uscode.house.gov ↗
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§ 313 Federal Emergency Management Agency Amends
6 U.S.C. § 313 — at 313(b) and 313(b)(2)
The law today
(a) In general There is in the Department the Federal Emergency Management Agency, headed by an Administrator. (b) Mission (1) Primary mission The primary mission of the Agency is to reduce the loss of life and property and protect the Nation from all hazards, including natural disasters, acts of terrorism, and other man-made disasters, by leading and supporting the Nation in a risk-based, comprehensive emergency management system of preparedness, protection, response, recovery, and mitigation. (2) Specific activities In support of the primary mission of the Agency, the Administrator shall— (A) lead the Nation’s efforts to prepare for, protect against, respond to, recover from, and mitigate against the risk of natural disasters, acts of terrorism, and other man-made disasters, including catastrophic incidents; (B) partner with State, local, and tribal governments and emergency response providers, with other Federal agencies, with the private sector, and with nongovernmental organizations to build a national system of emergency management that can effectively and efficiently utilize the full measure of the Nation’s resources to respond to natural disasters, acts of terrorism, and other man-made disasters, including catastrophic incidents; (C) develop a Federal response capability that, when necessary and appropriate, can act effectively and rapidly to deliver assistance essential to saving lives or protecting or preserving property or public health and safety in a natural disaster, act of terrorism, or other man-made disaster; (D) integrate the Agency’s emergency preparedness, protection, response, recovery, and mitigation responsibilities to confront effectively the challenges of a natural disaster, act of terrorism, or other man-made disaster; (E) develop and maintain robust Regional Offices that will work with State, local, and tribal governments, emergency response providers, and other appropriate entities to identify and address regional priorities; (F) under the leadership of the Secretary, coordinate with the Commandant of the Coast Guard, the Director of Customs and Border Protection, the Director of Immigration and Customs Enforcement, the National Operations Center, and other agencies and offices in the Department to take full advantage of the substantial range of resources in the Department; (G) provide funding, training, exercises, technical assistance, planning, and other assistance to build tribal, local, State, regional, and national capabilities (including communications capabilities), necessary to respond to a natural disaster, act of terrorism, or other man-made disaster; (H) develop and coordinate the implementation of a risk-based, all-hazards strategy for preparedness that builds those common capabilities necessary to respond to natural disasters, acts of terrorism, and other man-made disasters while also building the unique capabilities necessary to respond to specific types of incidents that pose the greatest risk to our Nation; and (I) identify, integrate, and implement the needs of children, including children within under-served communities, into activities to prepare for, protect against, respond to, recover from, and mitigate against the risk of natural disasters, acts of terrorism, and other disasters, including catastrophic incidents, including by appointing a technical expert, who may consult with relevant outside organizations and experts, as necessary, to coordinate such integration, as necessary. (c) Administrator (1) In general The Administrator shall be appointed by the President, by and with the advice and consent of the Senate. (2) Qualifications The Administrator shall be appointed from among individuals who have— (A) a demonstrated ability in and knowledge of emergency management and homeland security; and (B) not less than 5 years of executive leadership and management experience in the public or private sector. (3) Reporting The Administrator shall report to the Secretary, without be...5 other bills also change this section · Follow it → Official text at uscode.house.gov ↗
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§ 314 Authority and responsibilities Amends
6 U.S.C. § 314 — at 314(a) and 314(a)(13)
The law today
(a) In general The Administrator shall provide Federal leadership necessary to prepare for, protect against, respond to, recover from, or mitigate against a natural disaster, act of terrorism, or other man-made disaster, including— (1) helping to ensure the effectiveness of emergency response providers to terrorist attacks, major disasters, and other emergencies; (2) with respect to the Nuclear Incident Response Team (regardless of whether it is operating as an organizational unit of the Department pursuant to this subchapter)— (A) establishing standards and certifying when those standards have been met; (B) conducting joint and other exercises and training and evaluating performance; and (C) providing funds to the Department of Energy and the Environmental Protection Agency, as appropriate, for homeland security planning, exercises and training, and equipment; (3) providing the Federal Government’s response to terrorist attacks and major disasters, including— (A) managing such response; (B) directing the Domestic Emergency Support Team and (when operating as an organizational unit of the Department pursuant to this subchapter) the Nuclear Incident Response Team; (C) overseeing the Metropolitan Medical Response System; and (D) coordinating other Federal response resources, including requiring deployment of the Strategic National Stockpile, in the event of a terrorist attack or major disaster; (4) aiding the recovery from terrorist attacks and major disasters; (5) building a comprehensive national incident management system with Federal, State, and local government personnel, agencies, and authorities, to respond to such attacks and disasters; (6) consolidating existing Federal Government emergency response plans into a single, coordinated national response plan; (7) helping ensure the acquisition of operable and interoperable communications capabilities by Federal, State, local, and tribal governments and emergency response providers; (8) assisting the President in carrying out the functions under the Robert T. Stafford Disaster Relief and Emergency Assistance Act (42 U.S.C. 5121 et seq.) and carrying out all functions and authorities given to the Administrator under that Act; (9) carrying out the mission of the Agency to reduce the loss of life and property and protect the Nation from all hazards by leading and supporting the Nation in a risk-based, comprehensive emergency management system of— (A) mitigation, by taking sustained actions to reduce or eliminate long-term risks to people and property from hazards and their effects; (B) preparedness, by planning, training, and building the emergency management profession to prepare effectively for, mitigate against, respond to, and recover from any hazard; (C) response, by conducting emergency operations to save lives and property through positioning emergency equipment, personnel, and supplies, through evacuating potential victims, through providing food, water, shelter, and medical care to those in need, and through restoring critical public services; and (D) recovery, by rebuilding communities so individuals, businesses, and governments can function on their own, return to normal life, and protect against future hazards; (10) increasing efficiencies, by coordinating efforts relating to preparedness, protection, response, recovery, and mitigation; (11) helping to ensure the effectiveness of emergency response providers in responding to a natural disaster, act of terrorism, or other man-made disaster; (12) supervising grant programs administered by the Agency; (13) administering and ensuring the implementation of the National Response Plan, including coordinating and ensuring the readiness of each emergency support function under the National Response Plan; (14) coordinating with the National Advisory Council established under section 318 of this title; (15) preparing and implementing the plans and programs of the Federal Government for— (A) continuity of operations; (B) con...2 other bills also change this section · Follow it → Official text at uscode.house.gov ↗
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§ 315 Functions transferred Amends
6 U.S.C. § 315 — at 315(b)
The law today
(a) In general Except as provided in subsection (b), there are transferred to the Agency the following: (1) All functions of the Federal Emergency Management Agency, including existing responsibilities for emergency alert systems and continuity of operations and continuity of government plans and programs as constituted on June 1, 2006, including all of its personnel, assets, components, authorities, grant programs, and liabilities, and including the functions of the Under Secretary for Federal Emergency Management relating thereto. (2) The Directorate of Preparedness, as constituted on June 1, 2006, including all of its functions, personnel, assets, components, authorities, grant programs, and liabilities, and including the functions of the Under Secretary for Preparedness relating thereto. (b) Exceptions The following within the Preparedness Directorate shall not be transferred: (1) The Office of Infrastructure Protection. (2) The National Communications System. (3) The National Cybersecurity Division. (4) The functions, personnel, assets, components, authorities, and liabilities of each component described under paragraphs (1) through (3). -
§ 319 National Integration Center Amends
6 U.S.C. § 319 — at 319(b) and 319(b)(2)
The law today
(a) In general There is established in the Agency a National Integration Center. (b) Responsibilities (1) In general The Administrator, through the National Integration Center, and in consultation with other Federal departments and agencies and the National Advisory Council, shall ensure ongoing management and maintenance of the National Incident Management System, the National Response Plan, and any successor to such system or plan. (2) Specific responsibilities The National Integration Center shall periodically review, and revise as appropriate, the National Incident Management System and the National Response Plan, including— (A) establishing, in consultation with the Director of the Corporation for National and Community Service, a process to better use volunteers and donations; (B) improving the use of Federal, State, local, and tribal resources and ensuring the effective use of emergency response providers at emergency scenes; and (C) revising the Catastrophic Incident Annex, finalizing and releasing the Catastrophic Incident Supplement to the National Response Plan, and ensuring that both effectively address response requirements in the event of a catastrophic incident. (c) Incident management (1) In general (A) National Response Plan The Secretary, acting through the Administrator, shall ensure that the National Response Plan provides for a clear chain of command to lead and coordinate the Federal response to any natural disaster, act of terrorism, or other man-made disaster. (B) Administrator The chain of the command specified in the National Response Plan shall— (i) provide for a role for the Administrator consistent with the role of the Administrator as the principal emergency management advisor to the President, the Homeland Security Council, and the Secretary under section 313(c)(4) of this title and the responsibility of the Administrator under the Post-Katrina Emergency Management Reform Act of 2006, and the amendments made by that Act, relating to natural disasters, acts of terrorism, and other man-made disasters; and (ii) provide for a role for the Federal Coordinating Officer consistent with the responsibilities under section 5143(b) of title 42. (2) Principal Federal Official; Joint Task Force The Principal Federal Official (or the successor thereto) or Director of a Joint Task Force established under section 348 of this title shall not— (A) direct or replace the incident command structure established at the incident; or (B) have directive authority over the Senior Federal Law Enforcement Official, Federal Coordinating Officer, or other Federal and State officials.8 other bills also change this section · Follow it → Official text at uscode.house.gov ↗
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§ 321b Disability Coordinator Amends
6 U.S.C. § 321b
The law today
(a) In general After consultation with organizations representing individuals with disabilities, the National Council on Disabilities, and the Interagency Coordinating Council on Preparedness and Individuals with Disabilities, established under Executive Order No. 13347, the Administrator shall appoint a Disability Coordinator. The Disability Coordinator shall report directly to the Administrator, in order to ensure that the needs of individuals with disabilities are being properly addressed in emergency preparedness and disaster relief. (b) Responsibilities The Disability Coordinator shall be responsible for— (1) providing guidance and coordination on matters related to individuals with disabilities in emergency planning requirements and relief efforts in the event of a natural disaster, act of terrorism, or other man-made disaster; (2) interacting with the staff of the Agency, the National Council on Disabilities, the Interagency Coordinating Council on Preparedness and Individuals with Disabilities established under Executive Order No. 13347, other agencies of the Federal Government, and State, local, and tribal government authorities regarding the needs of individuals with disabilities in emergency planning requirements and relief efforts in the event of a natural disaster, act of terrorism, or other man-made disaster; (3) consulting with organizations that represent the interests and rights of individuals with disabilities about the needs of individuals with disabilities in emergency planning requirements and relief efforts in the event of a natural disaster, act of terrorism, or other man-made disaster; (4) ensuring the coordination and dissemination of best practices and model evacuation plans for individuals with disabilities; (5) ensuring the development of training materials and a curriculum for training of emergency response providers, State, local, and tribal government officials, and others on the needs of individuals with disabilities; (6) promoting the accessibility of telephone hotlines and websites regarding emergency preparedness, evacuations, and disaster relief; (7) working to ensure that video programming distributors, including broadcasters, cable operators, and satellite television services, make emergency information accessible to individuals with hearing and vision disabilities; (8) ensuring the availability of accessible transportation options for individuals with disabilities in the event of an evacuation; (9) providing guidance and implementing policies to ensure that the rights and wishes of individuals with disabilities regarding post-evacuation residency and relocation are respected; (10) ensuring that meeting the needs of individuals with disabilities are included in the components of the national preparedness system established under section 744 of this title; and (11) any other duties as assigned by the Administrator.1 other bill also changes this section · Follow it → Official text at uscode.house.gov ↗
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§ 321e Repealed. Pub. L. 115–387, § 2(c)(1), Dec. 21, 2018, 132 Stat. 5166 Amends
6 U.S.C. § 321e
This section is repealed in the current Code.
1 other bill also changes this section · Follow it → Official text at uscode.house.gov ↗
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§ 321q Coordination of Department of Homeland Security efforts related to food, agriculture, and veterinary defense against terrorism Amends
6 U.S.C. § 321q — at 321q(a)
The law today
(a) Program required The Secretary, acting through the Assistant Secretary for the Countering Weapons of Mass Destruction Office, shall carry out a program to coordinate the Department’s efforts related to defending the food, agriculture, and veterinary systems of the United States against terrorism and other high-consequence events that pose a high risk to homeland security. (b) Program elements The coordination program required by subsection (a) shall include, at a minimum, the following: (1) Providing oversight and management of the Department’s responsibilities pursuant to Homeland Security Presidential Directive 9–Defense of United States Agriculture and Food. (2) Providing oversight and integration of the Department’s activities related to veterinary public health, food defense, and agricultural security. (3) Leading the Department’s policy initiatives relating to food, animal, and agricultural incidents, and the impact of such incidents on animal and public health. (4) Leading the Department’s policy initiatives relating to overall domestic preparedness for and collective response to agricultural terrorism. (5) Coordinating with other Department components, including U.S. Customs and Border Protection, as appropriate, on activities related to food and agriculture security and screening procedures for domestic and imported products. (6) Coordinating with appropriate Federal departments and agencies. (7) Other activities as determined necessary by the Secretary. (c) Rule of construction Nothing in this section may be construed as altering or superseding the authority of the Secretary of Agriculture or the Secretary of Health and Human Services.1 other bill also changes this section · Follow it → Official text at uscode.house.gov ↗
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§ 331 Treatment of charitable trusts for members of the Armed Forces of the United States and other governmental organizations Amends
6 U.S.C. § 331
The law today
(a) Findings Congress finds the following: (1) Members of the Armed Forces of the United States defend the freedom and security of our Nation. (2) Members of the Armed Forces of the United States have lost their lives while battling the evils of terrorism around the world. (3) Personnel of the Central Intelligence Agency (CIA) charged with the responsibility of covert observation of terrorists around the world are often put in harm’s way during their service to the United States. (4) Personnel of the Central Intelligence Agency have also lost their lives while battling the evils of terrorism around the world. (5) Employees of the Federal Bureau of Investigation (FBI) and other Federal agencies charged with domestic protection of the United States put their lives at risk on a daily basis for the freedom and security of our Nation. (6) United States military personnel, CIA personnel, FBI personnel, and other Federal agents in the service of the United States are patriots of the highest order. (7) CIA officer Johnny Micheal Spann became the first American to give his life for his country in the War on Terrorism declared by President George W. Bush following the terrorist attacks of September 11, 2001. (8) Johnny Micheal Spann left behind a wife and children who are very proud of the heroic actions of their patriot father. (9) Surviving dependents of members of the Armed Forces of the United States who lose their lives as a result of terrorist attacks or military operations abroad receive a $6,000 death benefit, plus a small monthly benefit. (10) The current system of compensating spouses and children of American patriots is inequitable and needs improvement. (b) Designation of Johnny Micheal Spann Patriot Trusts Any charitable corporation, fund, foundation, or trust (or separate fund or account thereof) which otherwise meets all applicable requirements under law with respect to charitable entities and meets the requirements described in subsection (c) shall be eligible to characterize itself as a “Johnny Micheal Spann Patriot Trust”. (c) Requirements for the designation of Johnny Micheal Spann Patriot Trusts The requirements described in this subsection are as follows: (1) Not taking into account funds or donations reasonably necessary to establish a trust, at least 85 percent of all funds or donations (including any earnings on the investment of such funds or donations) received or collected by any Johnny Micheal Spann Patriot Trust must be distributed to (or, if placed in a private foundation, held in trust for) surviving spouses, children, or dependent parents, grandparents, or siblings of 1 or more of the following: (A) members of the Armed Forces of the United States; (B) personnel, including contractors, of elements of the intelligence community, as defined in section 3003(4) of title 50; (C) employees of the Federal Bureau of Investigation; and (D) officers, employees, or contract employees of the United States Government, whose deaths occur in the line of duty and arise out of terrorist attacks, military operations, intelligence operations, or law enforcement operations or accidents connected with activities occurring after September 11, 2001, and related to domestic or foreign efforts to curb international terrorism, including the Authorization for Use of Military Force (Public Law 107–40; 115 Stat. 224). (2) Other than funds or donations reasonably necessary to establish a trust, not more than 15 percent of all funds or donations (or 15 percent of annual earnings on funds invested in a private foundation) may be used for administrative purposes. (3) No part of the net earnings of any Johnny Micheal Spann Patriot Trust may inure to the benefit of any individual based solely on the position of such individual as a shareholder, an officer or employee of such Trust. (4) None of the activities of any Johnny Micheal Spann Patriot Trust shall be conducted in a manner inconsistent with any law that prohibits attempting to in...6 other bills also change this section · Follow it → Official text at uscode.house.gov ↗
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§ 342 Chief Financial Officer Amends
6 U.S.C. § 342 — at 342(b) and 342(a)
The law today
(a) In general The Chief Financial Officer shall perform functions as specified in chapter 9 of title 31 and, with respect to all such functions and other responsibilities that may be assigned to the Chief Financial Officer from time to time, shall also report to the Under Secretary for Management. (b) Program analysis and evaluation function (1) Establishment of Office of Program Analysis and Evaluation Not later than 90 days after October 16, 2004, the Secretary shall establish an Office of Program Analysis and Evaluation within the Department (in this section referred to as the “Office”). (2) Responsibilities The Office shall perform the following functions: (A) Analyze and evaluate plans, programs, and budgets of the Department in relation to United States homeland security objectives, projected threats, vulnerability assessments, estimated costs, resource constraints, and the most recent homeland security strategy developed pursuant to section 454(b)(2) of this title. (B) Develop and perform analyses and evaluations of alternative plans, programs, personnel levels, and budget submissions for the Department in relation to United States homeland security objectives, projected threats, vulnerability assessments, estimated costs, resource constraints, and the most recent homeland security strategy developed pursuant to section 454(b)(2) of this title. (C) Establish policies for, and oversee the integration of, the planning, programming, and budgeting system of the Department. (D) Review and ensure that the Department meets performance-based budget requirements established by the Office of Management and Budget. (E) Provide guidance for, and oversee the development of, the Future Years Homeland Security Program of the Department, as specified under section 454 of this title. (F) Ensure that the costs of Department programs, including classified programs, are presented accurately and completely. (G) Oversee the preparation of the annual performance plan for the Department and the program and performance section of the annual report on program performance for the Department, consistent with sections 1115 and 1116, respectively, of title 31. (H) Provide leadership in developing and promoting improved analytical tools and methods for analyzing homeland security planning and the allocation of resources. (I) Any other responsibilities delegated by the Secretary consistent with an effective program analysis and evaluation function. (3) Director of Program Analysis and Evaluation There shall be a Director of Program Analysis and Evaluation, who— (A) shall be a principal staff assistant to the Chief Financial Officer of the Department for program analysis and evaluation; and (B) shall report to an official no lower than the Chief Financial Officer. (4) Reorganization (A) In general The Secretary may allocate or reallocate the functions of the Office, or discontinue the Office, in accordance with section 452(a) of this title. (B) Exemption from limitations Section 452(b) of this title shall not apply to any action by the Secretary under this paragraph. (c) Notification regarding transfer or reprogramming of funds In any case in which appropriations available to the Department or any officer of the Department are transferred or reprogrammed and notice of such transfer or reprogramming is submitted to the Congress (including any officer, office, or Committee of the Congress), the Chief Financial Officer of the Department shall simultaneously submit such notice to the Select Committee on Homeland Security (or any successor to the jurisdiction of that committee) and the Committee on Government Reform of the House of Representatives, and to the Committee on Governmental Affairs of the Senate.6 other bills also change this section · Follow it → Official text at uscode.house.gov ↗
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§ 343 Chief Information Officer Amends
6 U.S.C. § 343
The law today
(a) In general The Chief Information Officer shall report to the Secretary, or to another official of the Department, as the Secretary may direct. (b) Geospatial information functions (1) Definitions As used in this subsection: (A) Geospatial information The term “geospatial information” means graphical or digital data depicting natural or manmade physical features, phenomena, or boundaries of the earth and any information related thereto, including surveys, maps, charts, remote sensing data, and images. (B) Geospatial technology The term “geospatial technology” means any technology utilized by analysts, specialists, surveyors, photogrammetrists, hydrographers, geodesists, cartographers, architects, or engineers for the collection, storage, retrieval, or dissemination of geospatial information, including— (i) global satellite surveillance systems; (ii) global position systems; (iii) geographic information systems; (iv) mapping equipment; (v) geocoding technology; and (vi) remote sensing devices. (2) Office of Geospatial Management (A) Establishment The Office of Geospatial Management is established within the Office of the Chief Information Officer. (B) Geospatial Information Officer (i) Appointment The Office of Geospatial Management shall be administered by the Geospatial Information Officer, who shall be appointed by the Secretary and serve under the direction of the Chief Information Officer. (ii) Functions The Geospatial Information Officer shall assist the Chief Information Officer in carrying out all functions under this section and in coordinating the geospatial information needs of the Department. (C) Coordination of geospatial information The Chief Information Officer shall establish and carry out a program to provide for the efficient use of geospatial information, which shall include— (i) providing such geospatial information as may be necessary to implement the critical infrastructure protection programs; (ii) providing leadership and coordination in meeting the geospatial information requirements of those responsible for planning, prevention, mitigation, assessment and response to emergencies, critical infrastructure protection, and other functions of the Department; and (iii) coordinating with users of geospatial information within the Department to assure interoperability and prevent unnecessary duplication. (D) Responsibilities In carrying out this subsection, the responsibilities of the Chief Information Officer shall include— (i) coordinating the geospatial information needs and activities of the Department; (ii) implementing standards, as adopted by the Director of the Office of Management and Budget under the processes established under section 216 of the E-Government Act of 2002 (44 U.S.C. 3501 note), to facilitate the interoperability of geospatial information pertaining to homeland security among all users of such information within— (I) the Department; (II) State and local government; and (III) the private sector; (iii) coordinating with the Federal Geographic Data Committee and carrying out the responsibilities of the Department pursuant to Office of Management and Budget Circular A–16 and Executive Order 12906; and (iv) making recommendations to the Secretary and the Executive Director of the Office for State and Local Government Coordination and Preparedness on awarding grants to— (I) fund the creation of geospatial data; and (II) execute information sharing agreements regarding geospatial data with State, local, and tribal governments. (3) Authorization of appropriations There are authorized to be appropriated such sums as may be necessary to carry out this subsection for each fiscal year.6 other bills also change this section · Follow it → Official text at uscode.house.gov ↗
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§ 344 Chief Human Capital Officer Amends
6 U.S.C. § 344
The law today
(a) In general The Chief Human Capital Officer shall report directly to the Under Secretary for Management. (b) Responsibilities In addition to the responsibilities set forth in chapter 14 of title 5 and other applicable law, the Chief Human Capital Officer of the Department shall— (1) develop and implement strategic workforce planning policies, including with respect to leader development and employee engagement, that are consistent with Government-wide leading principles, in line with Department strategic human capital goals and priorities, and informed by best practices within the Federal Government and the private sector, taking into account the special requirements of members of the Armed Forces serving in the Coast Guard; (2) use performance measures to evaluate, on an ongoing basis, Department-wide strategic workforce planning efforts; (3) develop, improve, and implement policies that, to the extent practicable, are informed by employee feedback, including compensation flexibilities available to Federal agencies where appropriate, to recruit, hire, train, and retain the workforce of the Department, in coordination with all components of the Department; (4) identify methods for managing and overseeing human capital programs and initiatives, including leader development and employee engagement programs, in coordination with the head of each component of the Department; (5) develop a career path framework and create opportunities for leader development in coordination with all components of the Department that is informed by an assessment, carried out by the Chief Human Capital Officer, of the learning and developmental needs of employees in supervisory and nonsupervisory roles across the Department and appropriate workforce planning initiatives; (6) lead the efforts of the Department for managing employee resources, including training and development opportunities, in coordination with each component of the Department; (7) work to ensure the Department is implementing human capital programs and initiatives and effectively educating each component of the Department about these programs and initiatives; (8) identify and eliminate unnecessary and duplicative human capital policies and guidance; (9) maintain a catalogue of available employee development opportunities, including the Homeland Security Rotation Program pursuant to section 414 of this title, departmental leadership development programs, interagency development programs, and other rotational programs; (10) ensure that employee discipline and adverse action programs comply with the requirements of all pertinent laws, rules, regulations, and Federal guidance, and ensure due process for employees; (11) analyze each Department or Government-wide Federal workforce satisfaction or morale survey not later than 90 days after the date of the publication of each such survey and submit to the Secretary such analysis, including, as appropriate, recommendations to improve workforce satisfaction or morale within the Department; (12) review and approve all component employee engagement action plans to ensure such plans include initiatives responsive to the root cause of employee engagement challenges, as well as outcome-based performance measures and targets to track the progress of such initiatives; (13) provide input concerning the hiring and performance of the Chief Human Capital Officer or comparable official in each component of the Department; and (14) ensure that all employees of the Department are informed of their rights and remedies under chapters 12 and 23 of title 5. (c) Component strategies (1) In general Each component of the Department shall, in coordination with the Chief Human Capital Officer of the Department, develop a 5-year workforce strategy for the component that will support the goals, objectives, and performance measures of the Department for determining the proper balance of Federal employees and private labor resources. (2) Strategy requirements In ...7 other bills also change this section · Follow it → Official text at uscode.house.gov ↗
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§ 345 Establishment of Officer for Civil Rights and Civil Liberties Amends
6 U.S.C. § 345
The law today
(a) In general The Officer for Civil Rights and Civil Liberties, who shall report directly to the Secretary, shall— (1) review and assess information concerning abuses of civil rights, civil liberties, and profiling on the basis of race, ethnicity, or religion, by employees and officials of the Department; (2) make public through the Internet, radio, television, or newspaper advertisements information on the responsibilities and functions of, and how to contact, the Officer; (3) assist the Secretary, directorates, and offices of the Department to develop, implement, and periodically review Department policies and procedures to ensure that the protection of civil rights and civil liberties is appropriately incorporated into Department programs and activities; (4) oversee compliance with constitutional, statutory, regulatory, policy, and other requirements relating to the civil rights and civil liberties of individuals affected by the programs and activities of the Department; (5) coordinate with the Privacy Officer to ensure that— (A) programs, policies, and procedures involving civil rights, civil liberties, and privacy considerations are addressed in an integrated and comprehensive manner; and (B) Congress receives appropriate reports regarding such programs, policies, and procedures; and (6) investigate complaints and information indicating possible abuses of civil rights or civil liberties, unless the Inspector General of the Department determines that any such complaint or information should be investigated by the Inspector General. (b) Report The Secretary shall submit to the President of the Senate, the Speaker of the House of Representatives, and the appropriate committees and subcommittees of Congress on an annual basis a report on the implementation of this section, including the use of funds appropriated to carry out this section, and detailing any allegations of abuses described under subsection (a)(1) and any actions taken by the Department in response to such allegations.8 other bills also change this section · Follow it → Official text at uscode.house.gov ↗
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§ 347 Quadrennial homeland security review Amends
6 U.S.C. § 347
The law today
(a) Requirement (1) Quadrennial reviews required In fiscal year 2009, and every 4 years thereafter, the Secretary shall conduct a review of the homeland security of the Nation (in this section referred to as a “quadrennial homeland security review”). (2) Scope of reviews Each quadrennial homeland security review shall be a comprehensive examination of the homeland security strategy of the Nation, including recommendations regarding the long-term strategy and priorities of the Nation for homeland security and guidance on the programs, assets, capabilities, budget, policies, and authorities of the Department. (3) Consultation The Secretary shall conduct each quadrennial homeland security review under this subsection in consultation with— (A) the heads of other Federal agencies, including the Attorney General, the Secretary of State, the Secretary of Defense, the Secretary of Health and Human Services, the Secretary of the Treasury, the Secretary of Agriculture the Secretary of Energy,,1 and the Director of National Intelligence; (B) key officials of the Department, including the Under Secretary for Strategy, Policy, and Plans; (C) representatives from appropriate advisory committees established pursuant to section 451 of this title, including the Homeland Security Advisory Council and the Homeland Security Science and Technology Advisory Committee, or otherwise established, including the Aviation Security Advisory Committee established pursuant to section 44946 of title 49; and (D) other relevant governmental and nongovernmental entities, including State, local, and tribal government officials, members of Congress, private sector representatives, academics, and other policy experts. (4) Relationship with future years homeland security program The Secretary shall ensure that each review conducted under this section is coordinated with the Future Years Homeland Security Program required under section 454 of this title. (b) Contents of review In each quadrennial homeland security review, the Secretary shall— (1) delineate and update, as appropriate, the national homeland security strategy, consistent with appropriate national and Department strategies, strategic plans, and Homeland Security Presidential Directives, including the National Strategy for Homeland Security, the National Response Plan, and the Department Security Strategic Plan; (2) outline and prioritize the full range of the critical homeland security mission areas of the Nation based on the risk assessment required pursuant to subsection (c)(2)(B); (3) describe, to the extent practicable, the interagency cooperation, preparedness of Federal response assets, infrastructure, resources required, and other elements of the homeland security program and policies of the Nation associated with the national homeland security strategy, required to execute successfully the full range of missions called for in the national homeland security strategy described in paragraph (1) and the homeland security mission areas outlined under paragraph (2); (4) identify, to the extent practicable, the resources required to execute the full range of missions called for in the national homeland security strategy described in paragraph (1) and the homeland security mission areas outlined under paragraph (2), including any resources identified from redundant, wasteful, or unnecessary capabilities or capacities that may be redirected to better support other existing capabilities or capacities, as the case may be; and (5) include an assessment of the organizational alignment of the Department with the national homeland security strategy referred to in paragraph (1) and the homeland security mission areas outlined under paragraph (2). (c) Reporting (1) In general Not later than 60 days after the date of the submission of the President’s budget for the fiscal year after the fiscal year in which a quadrennial homeland security review is conducted, the Secretary shall submit to Congress a report reg...9 other bills also change this section · Follow it → Official text at uscode.house.gov ↗
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§ 414 Homeland Security Rotation Program Amends
6 U.S.C. § 414
The law today
(a) 1 Establishment (1) In general Not later than 180 days after October 4, 2006, the Secretary shall establish the Homeland Security Rotation Program (in this section referred to as the “Rotation Program”) for employees of the Department. The Rotation Program shall use applicable best practices, including those from the Chief Human Capital Officers Council. (2) Goals The Rotation Program established by the Secretary shall— (A) be established in accordance with the Human Capital Strategic Plan of the Department; (B) provide middle and senior level employees in the Department the opportunity to broaden their knowledge through exposure to other components of the Department; (C) expand the knowledge base of the Department by providing for rotational assignments of employees to other components; (D) build professional relationships and contacts among the employees in the Department; (E) invigorate the workforce with exciting and professionally rewarding opportunities; (F) incorporate Department human capital strategic plans and activities, and address critical human capital deficiencies, recruitment and retention efforts, and succession planning within the Federal workforce of the Department; and (G) complement and incorporate (but not replace) rotational programs within the Department in effect on October 4, 2006. (3) Administration (A) In general The Chief Human Capital Officer shall administer the Rotation Program. (B) Responsibilities The Chief Human Capital Officer shall— (i) provide oversight of the establishment and implementation of the Rotation Program; (ii) establish a framework that supports the goals of the Rotation Program and promotes cross-disciplinary rotational opportunities; (iii) establish eligibility for employees to participate in the Rotation Program and select participants from employees who apply; (iv) establish incentives for employees to participate in the Rotation Program, including promotions and employment preferences; (v) ensure that the Rotation Program provides professional education and training; (vi) ensure that the Rotation Program develops qualified employees and future leaders with broad-based experience throughout the Department; (vii) provide for greater interaction among employees in components of the Department; and (viii) coordinate with rotational programs within the Department in effect on October 4, 2006. (4) Allowances, privileges, and benefits All allowances, privileges, rights, seniority, and other benefits of employees participating in the Rotation Program shall be preserved. (5) Reporting Not later than 180 days after the date of the establishment of the Rotation Program, the Secretary shall submit a report on the status of the Rotation Program, including a description of the Rotation Program, the number of employees participating, and how the Rotation Program is used in succession planning and leadership development to the appropriate committees of Congress.5 other bills also change this section · Follow it → Official text at uscode.house.gov ↗
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§ 454 Future Years Homeland Security Program Amends
6 U.S.C. § 454
The law today
(a) In general Each budget request submitted to Congress for the Department under section 1105 of title 31 shall, at or about the same time, be accompanied by a Future Years Homeland Security Program. (b) Contents The Future Years Homeland Security Program under subsection (a) shall— (1) include the same type of information, organizational structure, and level of detail as the future years defense program submitted to Congress by the Secretary of Defense under section 221 of title 10; (2) set forth the homeland security strategy of the Department, which shall be developed and updated as appropriate annually by the Secretary, that was used to develop program planning guidance for the Future Years Homeland Security Program; and (3) include an explanation of how the resource allocations included in the Future Years Homeland Security Program correlate to the homeland security strategy set forth under paragraph (2). (c) Effective date This section shall take effect with respect to the preparation and submission of the fiscal year 2005 budget request for the Department and for any subsequent fiscal year, except that the first Future Years Homeland Security Program shall be submitted not later than 90 days after the Department’s fiscal year 2005 budget request is submitted to Congress. -
§ 468 Preserving Coast Guard mission performance Repeals
6 U.S.C. § 468
The law today
(a) Transferred (b) Transfer There are transferred to the Department the authorities, functions, personnel, and assets of the Coast Guard, which shall be maintained as a distinct entity within the Department, including the authorities and functions of the Secretary of Transportation relating thereto. (c) Maintenance of status of functions and assets Notwithstanding any other provision of this chapter, the authorities, functions, and capabilities of the Coast Guard to perform its missions shall be maintained intact and without significant reduction after the transfer of the Coast Guard to the Department, except as specified in subsequent Acts. (d) Certain transfers prohibited No mission, function, or asset (including for purposes of this subsection any ship, aircraft, or helicopter) of the Coast Guard may be diverted to the principal and continuing use of any other organization, unit, or entity of the Department, except for details or assignments that do not reduce the Coast Guard’s capability to perform its missions. (e) Changes to missions (1) Prohibition The Secretary may not substantially or significantly reduce the missions of the Coast Guard or the Coast Guard’s capability to perform those missions, except as specified in subsequent Acts. (2) Waiver The Secretary may waive the restrictions under paragraph (1) for a period of not to exceed 90 days upon a declaration and certification by the Secretary to Congress that a clear, compelling, and immediate need exists for such a waiver. A certification under this paragraph shall include a detailed justification for the declaration and certification, including the reasons and specific information that demonstrate that the Nation and the Coast Guard cannot respond effectively if the restrictions under paragraph (1) are not waived. (f) Direct reporting to Secretary Upon the transfer of the Coast Guard to the Department, the Commandant shall report directly to the Secretary without being required to report through any other official of the Department. (g) Operation as a service in the Navy None of the conditions and restrictions in this section shall apply when the Coast Guard operates as a service in the Navy under section 3 1 of title 14.2 other bills also change this section · Follow it → Official text at uscode.house.gov ↗
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§ 493 Membership Amends
6 U.S.C. § 493 — at 493(a)
The law today
(a) Members The members of the Council shall be the following: (1) The President. (2) The Vice President. (3) The Secretary of Homeland Security. (4) The Attorney General. (5) The Secretary of Defense. (6) Such other individuals as may be designated by the President. (b) Attendance of Chairman of Joint Chiefs of Staff at meetings The Chairman of the Joint Chiefs of Staff (or, in the absence of the Chairman, the Vice Chairman of the Joint Chiefs of Staff) may, in the role of the Chairman of the Joint Chiefs of Staff as principal military adviser to the Council and subject to the direction of the President, attend and participate in meetings of the Council.1 other bill also changes this section · Follow it → Official text at uscode.house.gov ↗
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§ 511 Information security responsibilities of certain agencies Amends
6 U.S.C. § 511 — at 511(c)(1)
The law today
(1) National security responsibilities (A) Nothing in this chapter (including any amendment made by this chapter) shall supersede any authority of the Secretary of Defense, the Director of Central Intelligence, or other agency head, as authorized by law and as directed by the President, with regard to the operation, control, or management of national security systems, as defined by section 3552(b)(5) 1 of title 44. (B) Omitted (2) Atomic Energy Act of 1954 Nothing in this chapter shall supersede any requirement made by or under the Atomic Energy Act of 1954 (42 U.S.C. 2011 et seq.). Restricted Data or Formerly Restricted Data shall be handled, protected, classified, downgraded, and declassified in conformity with the Atomic Energy Act of 1954 (42 U.S.C. 2011 et seq.).6 other bills also change this section · Follow it → Official text at uscode.house.gov ↗
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§ 563 5-year technology investment plan Amends
6 U.S.C. § 563 — at 563(d)(1)
The law today
(a) In general The Administrator shall— (1) not later than 180 days after December 18, 2014, develop and submit to Congress a strategic 5-year technology investment plan, that may include a classified addendum to report sensitive transportation security risks, technology vulnerabilities, or other sensitive security information; and (2) to the extent possible, publish the Plan in an unclassified format in the public domain. (b) Consultation The Administrator shall develop the Plan in consultation with— (1) the Under Secretary for Management; (2) the Under Secretary for Science and Technology; (3) the Chief Information Officer; and (4) the aviation industry stakeholder advisory committee established by the Administrator. (c) Approval The Administrator may not publish the Plan under subsection (a)(2) until it has been approved by the Secretary. (d) Contents of Plan The Plan shall include— (1) an analysis of transportation security risks and the associated capability gaps that would be best addressed by security-related technology, including consideration of the most recent quadrennial homeland security review under section 347 of this title; (2) a set of security-related technology acquisition needs that— (A) is prioritized based on risk and associated capability gaps identified under paragraph (1); and (B) includes planned technology programs and projects with defined objectives, goals, timelines, and measures; (3) an analysis of current and forecast trends in domestic and international passenger travel; (4) an identification of currently deployed security-related technologies that are at or near the end of their lifecycles; (5) an identification of test, evaluation, modeling, and simulation capabilities, including target methodologies, rationales, and timelines necessary to support the acquisition of the security-related technologies expected to meet the needs under paragraph (2); (6) an identification of opportunities for public-private partnerships, small and disadvantaged company participation, intragovernment collaboration, university centers of excellence, and national laboratory technology transfer; (7) an identification of the Administration’s acquisition workforce needs for the management of planned security-related technology acquisitions, including consideration of leveraging acquisition expertise of other Federal agencies; (8) an identification of the security resources, including information security resources, that will be required to protect security-related technology from physical or cyber theft, diversion, sabotage, or attack; (9) an identification of initiatives to streamline the Administration’s acquisition process and provide greater predictability and clarity to small, medium, and large businesses, including the timeline for testing and evaluation; (10) an assessment of the impact to commercial aviation passengers; (11) a strategy for consulting airport management, air carrier representatives, and Federal security directors whenever an acquisition will lead to the removal of equipment at airports, and how the strategy for consulting with such officials of the relevant airports will address potential negative impacts on commercial passengers or airport operations; and (12) in consultation with the National Institutes of Standards and Technology, an identification of security-related technology interface standards, in existence or if implemented, that could promote more interoperable passenger, baggage, and cargo screening systems. (e) Leveraging the private sector To the extent possible, and in a manner that is consistent with fair and equitable practices, the Plan shall— (1) leverage emerging technology trends and research and development investment trends within the public and private sectors; (2) incorporate private sector input, including from the aviation industry stakeholder advisory committee established by the Administrator, through requests for information, industry days, and other innovative mea...5 other bills also change this section · Follow it → Official text at uscode.house.gov ↗
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§ 571 Emergency Communications Division Amends
6 U.S.C. § 571 — at 571(c), 571(d), and 571(f)
The law today
(a) In general There is established in the Department an Emergency Communications Division. The Division shall be located in the Cybersecurity and Infrastructure Security Agency. (b) Executive Assistant Director The head of the Division shall be the Executive Assistant Director for Emergency Communications (in this section referred to as the “Executive Assistant Director”). The Executive Assistant Director shall report to the Director of the Cybersecurity and Infrastructure Security Agency. All decisions of the Executive Assistant Director that entail the exercise of significant authority shall be subject to the approval of the Director of the Cybersecurity and Infrastructure Security Agency. (c) Responsibilities The Executive Assistant Director shall— (1) assist the Secretary in developing and implementing the program described in section 194(a)(1) of this title, except as provided in section 195 of this title; (2) administer the Department’s responsibilities and authorities relating to the SAFECOM Program, excluding elements related to research, development, testing, and evaluation and standards; (3) administer the Department’s responsibilities and authorities relating to the Integrated Wireless Network program; (4) conduct extensive, nationwide outreach to support and promote the ability of emergency response providers and relevant government officials to continue to communicate in the event of natural disasters, acts of terrorism, and other man-made disasters; (5) conduct extensive, nationwide outreach and foster the development of interoperable emergency communications capabilities by State, regional, local, and tribal governments and public safety agencies, and by regional consortia thereof; (6) provide technical assistance to State, regional, local, and tribal government officials with respect to use of interoperable emergency communications capabilities; (7) coordinate with the Regional Administrators regarding the activities of Regional Emergency Communications Coordination Working Groups under section 575 of this title; (8) promote the development of standard operating procedures and best practices with respect to use of interoperable emergency communications capabilities for incident response, and facilitate the sharing of information on such best practices for achieving, maintaining, and enhancing interoperable emergency communications capabilities for such response; (9) coordinate, in cooperation with the National Communications System, the establishment of a national response capability with initial and ongoing planning, implementation, and training for the deployment of communications equipment for relevant State, local, and tribal governments and emergency response providers in the event of a catastrophic loss of local and regional emergency communications services; (10) assist the President, the National Security Council, the Homeland Security Council, and the Director of the Office of Management and Budget in ensuring the continued operation of the telecommunications functions and responsibilities of the Federal Government, excluding spectrum management; (11) establish, in coordination with the Director of the Office for Interoperability and Compatibility, requirements for interoperable emergency communications capabilities, which shall be nonproprietary where standards for such capabilities exist, for all public safety radio and data communications systems and equipment purchased using homeland security assistance administered by the Department, excluding any alert and warning device, technology, or system; (12) review, in consultation with the Assistant Secretary for Grants and Training, all interoperable emergency communications plans of Federal, State, local, and tribal governments, including Statewide and tactical interoperability plans, developed pursuant to homeland security assistance administered by the Department, but excluding spectrum allocation and management related to such plans; (13) develo...2 other bills also change this section · Follow it → Official text at uscode.house.gov ↗
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§ 572 National Emergency Communications Plan Amends
6 U.S.C. § 572
The law today
(a) In general The Secretary, acting through the Assistant Director for Emergency Communications, and in cooperation with the Department of National Communications System (as appropriate), shall, in cooperation with State, local, and tribal governments, Federal departments and agencies, emergency response providers, and the private sector, develop not later than 180 days after the completion of the baseline assessment under section 573 of this title, and periodically update, a National Emergency Communications Plan to provide recommendations regarding how the United States should— (1) support and promote the ability of emergency response providers and relevant government officials to continue to communicate in the event of natural disasters, acts of terrorism, and other man-made disasters; and (2) ensure, accelerate, and attain interoperable emergency communications nationwide. (b) Coordination The Emergency Communications Preparedness Center under section 576 of this title shall coordinate the development of the Federal aspects of the National Emergency Communications Plan. (c) Contents The National Emergency Communications Plan shall— (1) include recommendations developed in consultation with the Federal Communications Commission and the National Institute of Standards and Technology for a process for expediting national voluntary consensus standards for emergency communications equipment for the purchase and use by public safety agencies of interoperable emergency communications equipment and technologies; (2) identify the appropriate capabilities necessary for emergency response providers and relevant government officials to continue to communicate in the event of natural disasters, acts of terrorism, and other man-made disasters; (3) identify the appropriate interoperable emergency communications capabilities necessary for Federal, State, local, and tribal governments in the event of natural disasters, acts of terrorism, and other man-made disasters; (4) recommend both short-term and long-term solutions for ensuring that emergency response providers and relevant government officials can continue to communicate in the event of natural disasters, acts of terrorism, and other man-made disasters; (5) recommend both short-term and long-term solutions for deploying interoperable emergency communications systems for Federal, State, local, and tribal governments throughout the Nation, including through the provision of existing and emerging technologies; (6) identify how Federal departments and agencies that respond to natural disasters, acts of terrorism, and other man-made disasters can work effectively with State, local, and tribal governments, in all States, and with other entities; (7) identify obstacles to deploying interoperable emergency communications capabilities nationwide and recommend short-term and long-term measures to overcome those obstacles, including recommendations for multijurisdictional coordination among Federal, State, local, and tribal governments; (8) recommend goals and timeframes for the deployment of emergency, command-level communications systems based on new and existing equipment across the United States and develop a timetable for the deployment of interoperable emergency communications systems nationwide; (9) recommend appropriate measures that emergency response providers should employ to ensure the continued operation of relevant governmental communications infrastructure in the event of natural disasters, acts of terrorism, or other man-made disasters; and (10) set a date, including interim benchmarks, as appropriate, by which State, local, and tribal governments, Federal departments and agencies, and emergency response providers expect to achieve a baseline level of national interoperable communications, as that term is defined under section 194(g)(1) of this title.1 other bill also changes this section · Follow it → Official text at uscode.house.gov ↗
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§ 574 Coordination of Department emergency communications grant programs Amends
6 U.S.C. § 574 — at 574(b)(1)
The law today
(a) Coordination of grants and standards programs The Secretary, acting through the Assistant Director for Emergency Communications, shall ensure that grant guidelines for the use of homeland security assistance administered by the Department relating to interoperable emergency communications are coordinated and consistent with the goals and recommendations in the National Emergency Communications Plan under section 572 of this title. (b) Denial of eligibility for grants (1) In general The Secretary, acting through the Assistant Secretary for Grants and Planning, and in consultation with the Assistant Director for Emergency Communications, may prohibit any State, local, or tribal government from using homeland security assistance administered by the Department to achieve, maintain, or enhance emergency communications capabilities, if— (A) such government has not complied with the requirement to submit a Statewide Interoperable Communications Plan as required by section 194(f) of this title; (B) such government has proposed to upgrade or purchase new equipment or systems that do not meet or exceed any applicable national voluntary consensus standards and has not provided a reasonable explanation of why such equipment or systems will serve the needs of the applicant better than equipment or systems that meet or exceed such standards; and (C) as of the date that is 3 years after the date of the completion of the initial National Emergency Communications Plan under section 572 of this title, national voluntary consensus standards for interoperable emergency communications capabilities have not been developed and promulgated. (2) Standards The Secretary, in coordination with the Federal Communications Commission, the National Institute of Standards and Technology, and other Federal departments and agencies with responsibility for standards, shall support the development, promulgation, and updating as necessary of national voluntary consensus standards for interoperable emergency communications. -
§ 592 Responsibilities Amends
6 U.S.C. § 592 — at 592(b)(3)
The law today
(a) Mission The Office shall be responsible for coordinating Federal efforts to detect and protect against the unauthorized importation, possession, storage, transportation, development, or use of a nuclear explosive device, fissile material, or radiological material in the United States, and to protect against attack using such devices or materials against the people, territory, or interests of the United States and, to this end, shall— (1) serve as the primary entity of the United States Government to further develop, acquire, and support the deployment of an enhanced domestic system to detect and report on attempts to import, possess, store, transport, develop, or use an unauthorized nuclear explosive device, fissile material, or radiological material in the United States, and improve that system over time; (2) enhance and coordinate the nuclear detection efforts of Federal, State, local, and tribal governments and the private sector to ensure a managed, coordinated response; (3) establish, with the approval of the Secretary and in coordination with the Attorney General, the Secretary of Defense, and the Secretary of Energy, additional protocols and procedures for use within the United States to ensure that the detection of unauthorized nuclear explosive devices, fissile material, or radiological material is promptly reported to the Attorney General, the Secretary, the Secretary of Defense, the Secretary of Energy, and other appropriate officials or their respective designees for appropriate action by law enforcement, military, emergency response, or other authorities; (4) develop, with the approval of the Secretary and in coordination with the Attorney General, the Secretary of State, the Secretary of Defense, and the Secretary of Energy, an enhanced global nuclear detection architecture with implementation under which— (A) the Office will be responsible for the implementation of the domestic portion of the global architecture; (B) the Secretary of Defense will retain responsibility for implementation of Department of Defense requirements within and outside the United States; and (C) the Secretary of State, the Secretary of Defense, and the Secretary of Energy will maintain their respective responsibilities for policy guidance and implementation of the portion of the global architecture outside the United States, which will be implemented consistent with applicable law and relevant international arrangements; (5) ensure that the expertise necessary to accurately interpret detection data is made available in a timely manner for all technology deployed by the Office to implement the global nuclear detection architecture; (6) conduct, support, coordinate, and encourage an aggressive, expedited, evolutionary, and transformational program of research and development to generate and improve technologies to detect and prevent the illicit entry, transport, assembly, or potential use within the United States of a nuclear explosive device or fissile or radiological material, and coordinate with the Under Secretary for Science and Technology on basic and advanced or transformational research and development efforts relevant to the mission of both organizations; (7) carry out a program to test and evaluate technology for detecting a nuclear explosive device and fissile or radiological material, in coordination with the Secretary of Defense and the Secretary of Energy, as appropriate, and establish performance metrics for evaluating the effectiveness of individual detectors and detection systems in detecting such devices or material— (A) under realistic operational and environmental conditions; and (B) against realistic adversary tactics and countermeasures; (8) support and enhance the effective sharing and use of appropriate information generated by the intelligence community, law enforcement agencies, counterterrorism community, other government agencies, and foreign governments, as well as provide appropriate information to such ...3 other bills also change this section · Follow it → Official text at uscode.house.gov ↗
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§ 604 Urban Area Security Initiative Amends
6 U.S.C. § 604
The law today
(a) Establishment There is established an Urban Area Security Initiative to provide grants to assist high-risk urban areas in preventing, preparing for, protecting against, and responding to acts of terrorism. (b) Assessment and designation of high-risk urban areas (1) In general The Administrator shall designate high-risk urban areas to receive grants under this section based on procedures under this subsection. (2) Initial assessment (A) In general For each fiscal year, the Administrator shall conduct an initial assessment of the relative threat, vulnerability, and consequences from acts of terrorism faced by each eligible metropolitan area, including consideration of— (i) the factors set forth in subparagraphs (A) through (H) and (K) of section 608(a)(1) of this title; and (ii) information and materials submitted under subparagraph (B). (B) Submission of information by eligible metropolitan areas Prior to conducting each initial assessment under subparagraph (A), the Administrator shall provide each eligible metropolitan area with, and shall notify each eligible metropolitan area of, the opportunity to— (i) submit information that the eligible metropolitan area believes to be relevant to the determination of the threat, vulnerability, and consequences it faces from acts of terrorism; and (ii) review the risk assessment conducted by the Department of that eligible metropolitan area, including the bases for the assessment by the Department of the threat, vulnerability, and consequences from acts of terrorism faced by that eligible metropolitan area, and remedy erroneous or incomplete information. (3) Designation of high-risk urban areas (A) Designation (i) In general For each fiscal year, after conducting the initial assessment under paragraph (2), and based on that assessment, the Administrator shall designate high-risk urban areas that may submit applications for grants under this section. (ii) Additional areas Notwithstanding paragraph (2), the Administrator may— (I) in any case where an eligible metropolitan area consists of more than 1 metropolitan division (as that term is defined by the Office of Management and Budget) designate more than 1 high-risk urban area within a single eligible metropolitan area; and (II) designate an area that is not an eligible metropolitan area as a high-risk urban area based on the assessment by the Administrator of the relative threat, vulnerability, and consequences from acts of terrorism faced by the area. (iii) Rule of construction Nothing in this subsection may be construed to require the Administrator to— (I) designate all eligible metropolitan areas that submit information to the Administrator under paragraph (2)(B)(i) as high-risk urban areas; or (II) designate all areas within an eligible metropolitan area as part of the high-risk urban area. (B) Jurisdictions included in high-risk urban areas (i) In general In designating high-risk urban areas under subparagraph (A), the Administrator shall determine which jurisdictions, at a minimum, shall be included in each high-risk urban area. (ii) Additional jurisdictions A high-risk urban area designated by the Administrator may, in consultation with the State or States in which such high-risk urban area is located, add additional jurisdictions to the high-risk urban area. (c) Application (1) In general An area designated as a high-risk urban area under subsection (b) may apply for a grant under this section. (2) Minimum contents of application In an application for a grant under this section, a high-risk urban area shall submit— (A) a plan describing the proposed division of responsibilities and distribution of funding among the local and tribal governments in the high-risk urban area; (B) the name of an individual to serve as a high-risk urban area liaison with the Department and among the various jurisdictions in the high-risk urban area; and (C) such information in support of the application as the Administrator may reasonably requir...2 other bills also change this section · Follow it → Official text at uscode.house.gov ↗
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§ 605 State Homeland Security Grant Program Amends
6 U.S.C. § 605
The law today
(a) Establishment There is established a State Homeland Security Grant Program to assist State, local, and tribal governments in preventing, preparing for, protecting against, and responding to acts of terrorism. (b) Application (1) In general Each State may apply for a grant under this section, and shall submit such information in support of the application as the Administrator may reasonably require. (2) Minimum contents of application The Administrator shall require that each State include in its application, at a minimum— (A) the purpose for which the State seeks grant funds and the reasons why the State needs the grant to meet the target capabilities of that State; (B) a description of how the State plans to allocate the grant funds to local governments and Indian tribes; and (C) a budget showing how the State intends to expend the grant funds. (3) Annual applications Applicants for grants under this section shall apply or reapply on an annual basis. (c) Distribution to local and tribal governments (1) In general Not later than 45 days after receiving grant funds, any State receiving a grant under this section shall make available to local and tribal governments, consistent with the applicable State homeland security plan— (A) not less than 80 percent of the grant funds; (B) with the consent of local and tribal governments, items, services, or activities having a value of not less than 80 percent of the amount of the grant; or (C) with the consent of local and tribal governments, grant funds combined with other items, services, or activities having a total value of not less than 80 percent of the amount of the grant. (2) Certifications regarding distribution of grant funds to local governments A State shall certify to the Administrator that the State has made the distribution to local and tribal governments required under paragraph (1). (3) Extension of period The Governor of a State may request in writing that the Administrator extend the period under paragraph (1) for an additional period of time. The Administrator may approve such a request if the Administrator determines that the resulting delay in providing grant funding to the local and tribal governments is necessary to promote effective investments to prevent, prepare for, protect against, or respond to acts of terrorism. (4) Exception Paragraph (1) shall not apply to the District of Columbia, the Commonwealth of Puerto Rico, American Samoa, the Commonwealth of the Northern Mariana Islands, Guam, or the Virgin Islands. (5) Direct funding If a State fails to make the distribution to local or tribal governments required under paragraph (1) in a timely fashion, a local or tribal government entitled to receive such distribution may petition the Administrator to request that grant funds be provided directly to the local or tribal government. (d) Multistate applications (1) In general Instead of, or in addition to, any application for a grant under subsection (b), 2 or more States may submit an application for a grant under this section in support of multistate efforts to prevent, prepare for, protect against, and respond to acts of terrorism. (2) Administration of grant If a group of States applies for a grant under this section, such States shall submit to the Administrator at the time of application a plan describing— (A) the division of responsibilities for administering the grant; and (B) the distribution of funding among the States that are parties to the application. (e) Minimum allocation (1) In general In allocating funds under this section, the Administrator shall ensure that— (A) except as provided in subparagraph (B), each State receives, from the funds appropriated for the State Homeland Security Grant Program established under this section, not less than an amount equal to— (i) 0.375 percent of the total funds appropriated for grants under this section and section 604 of this title in fiscal year 2008; (ii) 0.365 percent of the total funds appropriated ...2 other bills also change this section · Follow it → Official text at uscode.house.gov ↗
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§ 606 Grants to directly eligible tribes Amends
6 U.S.C. § 606
The law today
(a) In general Notwithstanding section 605(b) of this title, the Administrator may award grants to directly eligible tribes under section 605 of this title. (b) Tribal applications A directly eligible tribe may apply for a grant under section 605 of this title by submitting an application to the Administrator that includes, as appropriate, the information required for an application by a State under section 605(b) of this title. (c) Consistency with State plans (1) In general To ensure consistency with any applicable State homeland security plan, a directly eligible tribe applying for a grant under section 605 of this title shall provide a copy of its application to each State within which any part of the tribe is located for review before the tribe submits such application to the Department. (2) Opportunity for comment If the Governor of a State determines that the application of a directly eligible tribe is inconsistent with the State homeland security plan of that State, or otherwise does not support the application, not later than 30 days after the date of receipt of that application the Governor shall— (A) notify the Administrator, in writing, of that fact; and (B) provide an explanation of the reason for not supporting the application. (d) Final authority The Administrator shall have final authority to approve any application of a directly eligible tribe. The Administrator shall notify each State within the boundaries of which any part of a directly eligible tribe is located of the approval of an application by the tribe. (e) Prioritization The Administrator shall allocate funds to directly eligible tribes in accordance with the factors applicable to allocating funds among States under section 608 of this title. (f) Distribution of awards to directly eligible tribes If the Administrator awards funds to a directly eligible tribe under this section, the Administrator shall distribute the grant funds directly to the tribe and not through any State. (g) Minimum allocation (1) In general In allocating funds under this section, the Administrator shall ensure that, for each fiscal year, directly eligible tribes collectively receive, from the funds appropriated for the State Homeland Security Grant Program established under section 605 of this title, not less than an amount equal to 0.1 percent of the total funds appropriated for grants under sections 604 and 605 of this title. (2) Exception This subsection shall not apply in any fiscal year in which the Administrator— (A) receives fewer than 5 applications under this section; or (B) does not approve at least 2 applications under this section. (h) Tribal liaison A directly eligible tribe applying for a grant under section 605 of this title shall designate an individual to serve as a tribal liaison with the Department and other Federal, State, local, and regional government officials concerning preventing, preparing for, protecting against, and responding to acts of terrorism. (i) Eligibility for other funds A directly eligible tribe that receives a grant under section 605 of this title may receive funds for other purposes under a grant from the State or States within the boundaries of which any part of such tribe is located and from any high-risk urban area of which it is a part, consistent with the homeland security plan of the State or high-risk urban area. (j) State obligations (1) In general States shall be responsible for allocating grant funds received under section 605 of this title to tribal governments in order to help those tribal communities achieve target capabilities not achieved through grants to directly eligible tribes. (2) Distribution of grant funds With respect to a grant to a State under section 605 of this title, an Indian tribe shall be eligible for funding directly from that State, and shall not be required to seek funding from any local government. (3) Imposition of requirements A State may not impose unreasonable or unduly burdensome requirements on a...1 other bill also changes this section · Follow it → Official text at uscode.house.gov ↗
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§ 607 Terrorism prevention Amends
6 U.S.C. § 607 — at 607(b), 607(b)(4), and 607(a)
The law today
(a) Law enforcement terrorism prevention program (1) In general The Administrator shall ensure that not less than 25 percent of the total combined funds appropriated for grants under sections 604 and 605 of this title is used for law enforcement terrorism prevention activities. (2) Law enforcement terrorism prevention activities Law enforcement terrorism prevention activities include— (A) information sharing and analysis; (B) target hardening; (C) threat recognition; (D) terrorist interdiction; (E) training exercises to enhance preparedness for and response to mass casualty and active shooter incidents and security events at public locations, including airports and mass transit systems; (F) overtime expenses consistent with a State homeland security plan, including for the provision of enhanced law enforcement operations in support of Federal agencies, including for increased border security and border crossing enforcement; (G) establishing, enhancing, and staffing with appropriately qualified personnel State, local, and regional fusion centers that comply with the guidelines established under section 124h(i) of this title; (H) paying salaries and benefits for personnel, including individuals employed by the grant recipient on the date of the relevant grant application, to serve as qualified intelligence analysts; (I) any other activity permitted under the Fiscal Year 2007 Program Guidance of the Department for the Law Enforcement Terrorism Prevention Program; and (J) any other terrorism prevention activity authorized by the Administrator. (3) Participation of underrepresented communities in fusion centers The Administrator shall ensure that grant funds described in paragraph (1) are used to support the participation, as appropriate, of law enforcement and other emergency response providers from rural and other underrepresented communities at risk from acts of terrorism in fusion centers. (b) Office for State and Local Law Enforcement (1) Establishment There is established in the Policy Directorate of the Department an Office for State and Local Law Enforcement, which shall be headed by an Assistant Secretary for State and Local Law Enforcement. (2) Qualifications The Assistant Secretary for State and Local Law Enforcement shall have an appropriate background with experience in law enforcement, intelligence, and other counterterrorism functions. (3) Assignment of personnel The Secretary shall assign to the Office for State and Local Law Enforcement permanent staff and, as appropriate and consistent with sections 316(c)(2), 381, and 468(d) of this title, other appropriate personnel detailed from other components of the Department to carry out the responsibilities under this subsection. (4) Responsibilities The Assistant Secretary for State and Local Law Enforcement shall— (A) lead the coordination of Department-wide policies relating to the role of State and local law enforcement in preventing, preparing for, protecting against, and responding to natural disasters, acts of terrorism, and other man-made disasters within the United States; (B) serve as a liaison between State, local, and tribal law enforcement agencies and the Department; (C) coordinate with the Office of Intelligence and Analysis to ensure the intelligence and information sharing requirements of State, local, and tribal law enforcement agencies are being addressed; (D) work with the Administrator to ensure that law enforcement and terrorism-focused grants to State, local, and tribal government agencies, including grants under sections 604 and 605 of this title, the Commercial Equipment Direct Assistance Program, and other grants administered by the Department to support fusion centers and law enforcement-oriented programs, are appropriately focused on terrorism prevention activities; (E) coordinate with the Science and Technology Directorate, the Federal Emergency Management Agency, the Department of Justice, the National Institute of Justice, law enforcement...10 other bills also change this section · Follow it → Official text at uscode.house.gov ↗
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§ 608 Prioritization Amends
6 U.S.C. § 608 — at 608(a)
The law today
(a) In general In allocating funds among States and high-risk urban areas applying for grants under section 604 or 605 of this title, the Administrator shall consider, for each State or high-risk urban area— (1) its relative threat, vulnerability, and consequences from acts of terrorism, including consideration of— (A) its population, including appropriate consideration of military, tourist, and commuter populations; (B) its population density; (C) its history of threats, including whether it has been the target of a prior act of terrorism; (D) its degree of threat, vulnerability, and consequences related to critical infrastructure (for all critical infrastructure sectors) or key resources identified by the Administrator or the State homeland security plan, including threats, vulnerabilities, and consequences related to critical infrastructure or key resources in nearby jurisdictions; (E) the most current threat assessments available to the Department; (F) whether the State has, or the high-risk urban area is located at or near, an international border; (G) whether it has a coastline bordering an ocean (including the Gulf of Mexico) or international waters; (H) its likely need to respond to acts of terrorism occurring in nearby jurisdictions; (I) the extent to which it has unmet target capabilities; (J) in the case of a high-risk urban area, the extent to which that high-risk urban area includes— (i) those incorporated municipalities, counties, parishes, and Indian tribes within the relevant eligible metropolitan area, the inclusion of which will enhance regional efforts to prevent, prepare for, protect against, and respond to acts of terrorism; and (ii) other local and tribal governments in the surrounding area that are likely to be called upon to respond to acts of terrorism within the high-risk urban area; and (K) such other factors as are specified in writing by the Administrator; and (2) the anticipated effectiveness of the proposed use of the grant by the State or high-risk urban area in increasing the ability of that State or high-risk urban area to prevent, prepare for, protect against, and respond to acts of terrorism, to meet its target capabilities, and to otherwise reduce the overall risk to the high-risk urban area, the State, or the Nation. (b) Types of threat In assessing threat under this section, the Administrator shall consider the following types of threat to critical infrastructure sectors and to populations in all areas of the United States, urban and rural: (1) Biological. (2) Chemical. (3) Cyber. (4) Explosives. (5) Incendiary. (6) Nuclear. (7) Radiological. (8) Suicide bombers. (9) Such other types of threat determined relevant by the Administrator.4 other bills also change this section · Follow it → Official text at uscode.house.gov ↗
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§ 609 Use of funds Amends
6 U.S.C. § 609
The law today
(a) Permitted uses The Administrator shall permit the recipient of a grant under section 604 or 605 of this title to use grant funds to achieve target capabilities related to preventing, preparing for, protecting against, and responding to acts of terrorism, consistent with a State homeland security plan and relevant local, tribal, and regional homeland security plans, including by working in conjunction with a National Laboratory (as defined in section 15801(3) of title 42), through— (1) developing and enhancing homeland security, emergency management, or other relevant plans, assessments, or mutual aid agreements; (2) designing, conducting, and evaluating training and exercises, including training and exercises conducted under section 321a of this title and section 748 of this title; (3) protecting a system or asset included on the prioritized critical infrastructure list established under section 664(a)(2) of this title; (4) purchasing, upgrading, storing, or maintaining equipment, including computer hardware and software; (5) ensuring operability and achieving interoperability of emergency communications; (6) responding to an increase in the threat level under the Homeland Security Advisory System, or to the needs resulting from a National Special Security Event; (7) establishing, enhancing, and staffing with appropriately qualified personnel State, local, and regional fusion centers that comply with the guidelines established under section 124h(i) of this title; (8) enhancing school preparedness; (9) enhancing the security and preparedness of secure and nonsecure areas of eligible airports and surface transportation systems; (10) supporting public safety answering points; (11) paying salaries and benefits for personnel, including individuals employed by the grant recipient on the date of the relevant grant application, to serve as qualified intelligence analysts, regardless of whether such analysts are current or new full-time employees or contract employees; (12) paying expenses directly related to administration of the grant, except that such expenses may not exceed 3 percent of the amount of the grant; (13) any activity permitted under the Fiscal Year 2007 Program Guidance of the Department for the State Homeland Security Grant Program, the Urban Area Security Initiative (including activities permitted under the full-time counterterrorism staffing pilot), or the Law Enforcement Terrorism Prevention Program; (14) migrating any online service (as defined in section 3 of the DOTGOV Online Trust in Government Act of 2020) 1 to the .gov internet domain; and (15) any other appropriate activity, as determined by the Administrator. (b) Limitations on use of funds (1) In general Funds provided under section 604 or 605 of this title may not be used— (A) to supplant State or local funds, except that nothing in this paragraph shall prohibit the use of grant funds provided to a State or high-risk urban area for otherwise permissible uses under subsection (a) on the basis that a State or high-risk urban area has previously used State or local funds to support the same or similar uses; or (B) for any State or local government cost-sharing contribution. (2) Personnel (A) In general Not more than 50 percent of the amount awarded to a grant recipient under section 604 or 605 of this title in any fiscal year may be used to pay for personnel, including overtime and backfill costs, in support of the permitted uses under subsection (a). (B) Waiver At the request of the recipient of a grant under section 604 or 605 of this title, the Administrator may grant a waiver of the limitation under subparagraph (A). (3) Limitations on discretion (A) In general With respect to the use of amounts awarded to a grant recipient under section 604 or 605 of this title for personnel costs in accordance with paragraph (2) of this subsection, the Administrator may not— (i) impose a limit on the amount of the award that may be used to pay for personnel, or p...23 other bills also change this section · Follow it → Official text at uscode.house.gov ↗
National emergency management · 6 U.S.C. ch. 2 5 sections
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§ 701 Definitions Amends
6 U.S.C. § 701 — at 701(13)
The law today
In this title— 1 (1) the term “Administrator” means the Administrator of the Agency; (2) the term “Agency” means the Federal Emergency Management Agency; (3) the term “appropriate committees of Congress” means— (A) the Committee on Homeland Security and Governmental Affairs of the Senate; and (B) those committees of the House of Representatives that the Speaker of the House of Representatives determines appropriate; (4) the term “catastrophic incident” means any natural disaster, act of terrorism, or other man-made disaster that results in extraordinary levels of casualties or damage or disruption severely affecting the population (including mass evacuations), infrastructure, environment, economy, national morale, or government functions in an area; (5) the term “Department” means the Department of Homeland Security; (6) the terms “emergency” and “major disaster” have the meanings given the terms in section 5122 of title 42; (7) the term “emergency management” means the governmental function that coordinates and integrates all activities necessary to build, sustain, and improve the capability to prepare for, protect against, respond to, recover from, or mitigate against threatened or actual natural disasters, acts of terrorism, or other man-made disasters; (8) the term “emergency response provider” has the meaning given the term in section 101 of this title; (9) the term “Federal coordinating officer” means a Federal coordinating officer as described in section 5143 of title 42; (10) the term “individual with a disability” has the meaning given the term in section 12102 of title 42; (11) the terms “local government” and “State” have the meaning given the terms in section 101 of this title; (12) the term “National Incident Management System” means a system to enable effective, efficient, and collaborative incident management; (13) the term “National Response Plan” means the National Response Plan or any successor plan prepared under section 314(a)(6) of this title; (14) the term “Secretary” means the Secretary of Homeland Security; (15) the term “surge capacity” means the ability to rapidly and substantially increase the provision of search and rescue capabilities, food, water, medicine, shelter and housing, medical care, evacuation capacity, staffing (including disaster assistance employees), and other resources necessary to save lives and protect property during a catastrophic incident; and (16) the term “tribal government” means the government of an Indian tribe or authorized tribal organization, or in Alaska a Native village or Alaska Regional Native Corporation.1 other bill also changes this section · Follow it → Official text at uscode.house.gov ↗
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§ 748 Training and exercises Amends
6 U.S.C. § 748 — at 748(b)(2)(A)
The law today
(a) National training program (1) In general Beginning not later than 180 days after October 4, 2006, the Administrator, in coordination with the heads of appropriate Federal agencies, the National Council on Disability, and the National Advisory Council, shall carry out a national training program to implement the national preparedness goal, National Incident Management System, National Response Plan, and other related plans and strategies. (2) Training partners In developing and implementing the national training program, the Administrator shall— (A) work with government training facilities, academic institutions, private organizations, and other entities that provide specialized, state-of-the-art training for emergency managers or emergency response providers; and (B) utilize, as appropriate, training courses provided by community colleges, State and local public safety academies, State and private universities, and other facilities. (b) National exercise program (1) In general Beginning not later than 180 days after October 4, 2006, the Administrator, in coordination with the heads of appropriate Federal agencies, the National Council on Disability, and the National Advisory Council, shall carry out a national exercise program to test and evaluate the national preparedness goal, National Incident Management System, National Response Plan, and other related plans and strategies. (2) Requirements The national exercise program— (A) shall be— (i) as realistic as practicable, based on current risk assessments, including credible and emerging threats, vulnerabilities, and consequences, and designed to stress the national preparedness system; (ii) designed, as practicable, to simulate the partial or complete incapacitation of a State, local, or tribal government; (iii) carried out, as appropriate, with a minimum degree of notice to involved parties regarding the timing and details of such exercises, consistent with safety considerations; (iv) designed to provide for the systematic evaluation of readiness and enhance operational understanding of the incident command system and relevant mutual aid agreements; (v) designed to address the unique requirements of populations with special needs, including the elderly; and (vi) designed to promptly develop after-action reports and plans for quickly incorporating lessons learned into future operations; and (B) shall include a selection of model exercises that State, local, and tribal governments can readily adapt for use and provide assistance to State, local, and tribal governments with the design, implementation, and evaluation of exercises (whether a model exercise program or an exercise designed locally) that— (i) conform to the requirements under subparagraph (A); (ii) are consistent with any applicable State, local, or tribal strategy or plan; and (iii) provide for systematic evaluation of readiness. (3) National level exercises The Administrator shall periodically, but not less than biennially, perform national exercises for the following purposes: (A) To test and evaluate the capability of Federal, State, local, and tribal governments to detect, disrupt, and prevent threatened or actual catastrophic acts of terrorism, especially those involving weapons of mass destruction. (B) To test and evaluate the readiness of Federal, State, local, and tribal governments to respond and recover in a coordinated and unified manner to catastrophic incidents.2 other bills also change this section · Follow it → Official text at uscode.house.gov ↗
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§ 750 Remedial action management program Amends
6 U.S.C. § 750
The law today
The Administrator, in coordination with the National Council on Disability and the National Advisory Council, shall establish a remedial action management program to— (1) analyze training, exercises, and real-world events to identify and disseminate lessons learned and best practices; (2) generate and disseminate, as appropriate, after action reports to participants in exercises and real-world events; and (3) conduct remedial action tracking and long-term trend analysis. -
§ 753 Federal preparedness Amends
6 U.S.C. § 753
The law today
(a) Agency responsibility In support of the national preparedness system, the President shall ensure that each Federal agency with responsibilities under the National Response Plan— (1) has the operational capability to meet the national preparedness goal, including— (A) the personnel to make and communicate decisions; (B) organizational structures that are assigned, trained, and exercised for the missions of the agency; (C) sufficient physical resources; and (D) the command, control, and communication channels to make, monitor, and communicate decisions; (2) complies with the National Incident Management System, including credentialing of personnel and typing of resources likely needed to respond to a natural disaster, act of terrorism, or other man-made disaster in accordance with section 320 of this title; (3) develops, trains, and exercises rosters of response personnel to be deployed when the agency is called upon to support a Federal response; (4) develops deliberate operational plans and the corresponding capabilities, including crisis planning, to respond effectively to natural disasters, acts of terrorism, and other man-made disasters in support of the National Response Plan to ensure a coordinated Federal response; and (5) regularly updates, verifies the accuracy of, and provides to the Administrator the information in the inventory required under section 751 of this title. (b) Operational plans An operations plan developed under subsection (a)(4) shall meet the following requirements: (1) The operations plan shall be coordinated under a unified system with a common terminology, approach, and framework. (2) The operations plan shall be developed, in coordination with State, local, and tribal government officials, to address both regional and national risks. (3) The operations plan shall contain, as appropriate, the following elements: (A) Concepts of operations. (B) Critical tasks and responsibilities. (C) Detailed resource and personnel requirements, together with sourcing requirements. (D) Specific provisions for the rapid integration of the resources and personnel of the agency into the overall response. (4) The operations plan shall address, as appropriate, the following matters: (A) Support of State, local, and tribal governments in conducting mass evacuations, including— (i) transportation and relocation; (ii) short- and long-term sheltering and accommodation; (iii) provisions for populations with special needs, keeping families together, and expeditious location of missing children; and (iv) policies and provisions for pets. (B) The preparedness and deployment of public health and medical resources, including resources to address the needs of evacuees and populations with special needs. (C) The coordination of interagency search and rescue operations, including land, water, and airborne search and rescue operations. (D) The roles and responsibilities of the Senior Federal Law Enforcement Official with respect to other law enforcement entities. (E) The protection of critical infrastructure. (F) The coordination of maritime salvage efforts among relevant agencies. (G) The coordination of Department of Defense and National Guard support of civilian authorities. (H) To the extent practicable, the utilization of Department of Defense, National Air and Space Administration, National Oceanic and Atmospheric Administration, and commercial aircraft and satellite remotely sensed imagery. (I) The coordination and integration of support from the private sector and nongovernmental organizations. (J) The safe disposal of debris, including hazardous materials, and, when practicable, the recycling of debris. (K) The identification of the required surge capacity. (L) Specific provisions for the recovery of affected geographic areas. (c) Mission assignments To expedite the provision of assistance under the National Response Plan, the President shall ensure that the Administrator, in coordination with Federal agencies with re... -
§ 811 Authorization of appropriations Amends
6 U.S.C. § 811
The law today
There are authorized to be appropriated to carry out this title 1 and the amendments made by this title for the administration and operations of the Agency— (1) for fiscal year 2008, an amount equal to the amount appropriated for fiscal year 2007 for administration and operations of the Agency, multiplied by 1.1; (2) for fiscal year 2009, an amount equal to the amount described in paragraph (1), multiplied by 1.1; and (3) for fiscal year 2010, an amount equal to the amount described in paragraph (2), multiplied by 1.1.1 other bill also changes this section · Follow it → Official text at uscode.house.gov ↗
Security and accountability for every port · 6 U.S.C. ch. 3 2 sections
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§ 941 Strategic plan to enhance the security of the international supply chain Amends
6 U.S.C. § 941 — at 941(g)
The law today
(a) Strategic plan The Secretary, in consultation with appropriate Federal, State, local, and tribal government agencies and private sector stakeholders responsible for security matters that affect or relate to the movement of containers through the international supply chain, shall develop, implement, and update, triennially, a strategic plan to enhance the security of the international supply chain. (b) Requirements The strategic plan required under subsection (a) shall— (1) describe the roles, responsibilities, and authorities of Federal, State, local, and tribal government agencies and private-sector stakeholders that relate to the security of the movement of containers through the international supply chain; (2) identify and address gaps and unnecessary overlaps in the roles, responsibilities, or authorities described in paragraph (1); (3) identify and make recommendations regarding legislative, regulatory, and organizational changes necessary to improve coordination among the entities or to enhance the security of the international supply chain; (4) provide measurable goals, including objectives, mechanisms, and a schedule, for furthering the security of commercial operations from point of origin to point of destination; (5) build on available resources and consider costs and benefits; (6) provide incentives for additional voluntary measures to enhance cargo security, as recommended by the Commissioner; (7) consider the impact of supply chain security requirements on small- and medium-sized companies; (8) include a process for sharing intelligence and information with private-sector stakeholders to assist in their security efforts; (9) identify a framework for prudent and measured response in the event of a transportation security incident involving the international supply chain; (10) provide protocols for the expeditious resumption of the flow of trade in accordance with section 942 of this title; (11) consider the linkages between supply chain security and security programs within other systems of movement, including travel security and terrorism finance programs; and (12) expand upon and relate to existing strategies and plans, including the National Response Plan, the National Maritime Transportation Security Plan, the National Strategy for Maritime Security, and the 8 supporting plans of the Strategy, as required by Homeland Security Presidential Directive 13. (c) Consultation In developing protocols under subsection (b)(10), the Secretary shall consult with Federal, State, local, and private sector stakeholders, including the National Maritime Security Advisory Committee and the Commercial Operations Advisory Committee. (d) Communication To the extent practicable, the strategic plan developed under subsection (a) shall provide for coordination with, and lines of communication among, appropriate Federal, State, local, and private-sector stakeholders on law enforcement actions, intermodal rerouting plans, and other strategic infrastructure issues resulting from a transportation security incident or transportation disruption. (e) Utilization of Advisory Committees As part of the consultations described in subsection (a), the Secretary shall, to the extent practicable, utilize the Homeland Security Advisory Committee, the National Maritime Security Advisory Committee, and the Commercial Operations Advisory Committee to review, as necessary, the draft strategic plan and any subsequent updates to the strategic plan. (f) International standards and practices In furtherance of the strategic plan required under subsection (a), the Secretary is encouraged to consider proposed or established standards and practices of foreign governments and international organizations, including the International Maritime Organization, the World Customs Organization, the International Labor Organization, and the International Organization for Standardization, as appropriate, to establish standards and best practices for the security of c...2 other bills also change this section · Follow it → Official text at uscode.house.gov ↗
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§ 945 Container Security Initiative Amends
6 U.S.C. § 945
The law today
(a) Establishment The Secretary, acting through the Commissioner, shall establish and implement a program (referred to in this section as the “Container Security Initiative” or “CSI”) to identify and examine or search maritime containers that pose a security risk before loading such containers in a foreign port for shipment to the United States, either directly or through a foreign port. (b) Assessment The Secretary, acting through the Commissioner, may designate foreign seaports to participate in the Container Security Initiative after the Secretary has assessed the costs, benefits, and other factors associated with such designation, including— (1) the level of risk for the potential compromise of containers by terrorists, or other threats as determined by the Secretary; (2) the volume of cargo being imported to the United States directly from, or being transshipped through, the foreign seaport; (3) the results of the Coast Guard assessments conducted pursuant to section 70108 of title 46; (4) the commitment of the government of the country in which the foreign seaport is located to cooperating with the Department in sharing critical data and risk management information and to maintain programs to ensure employee integrity; and (5) the potential for validation of security practices at the foreign seaport by the Department. (c) Notification The Secretary shall notify the appropriate congressional committees of the designation of a foreign port under the Container Security Initiative or the revocation of such a designation before notifying the public of such designation or revocation. (d) Negotiations The Secretary, in cooperation with the Secretary of State and in consultation with the United States Trade Representative, may enter into negotiations with the government of each foreign nation in which a seaport is designated under the Container Security Initiative to ensure full compliance with the requirements under the Container Security Initiative. (e) Overseas inspections (1) Requirements and procedures The Secretary shall— (A) establish minimum technical capability criteria and standard operating procedures for the use of nonintrusive inspection and nuclear and radiological detection systems in conjunction with CSI; (B) require each port designated under CSI to operate nonintrusive inspection and nuclear and radiological detection systems in accordance with the technical capability criteria and standard operating procedures established under subparagraph (A); (C) continually monitor the technologies, processes, and techniques used to inspect cargo at ports designated under CSI to ensure adherence to such criteria and the use of such procedures; and (D) consult with the Secretary of Energy in establishing the minimum technical capability criteria and standard operating procedures established under subparagraph (A) pertaining to radiation detection technologies to promote consistency in detection systems at foreign ports designated under CSI. (2) Constraints The criteria and procedures established under paragraph (1)(A)— (A) shall be consistent, as practicable, with relevant standards and procedures utilized by other Federal departments or agencies, or developed by international bodies if the United States consents to such standards and procedures; (B) shall not apply to activities conducted under the Megaports Initiative of the Department of Energy; and (C) shall not be designed to endorse the product or technology of any specific company or to conflict with the sovereignty of a country in which a foreign seaport designated under the Container Security Initiative is located. (f) Savings provision The authority of the Secretary under this section shall not affect any authority or duplicate any efforts or responsibilities of the Federal Government with respect to the deployment of radiation detection equipment outside of the United States. (g) Coordination The Secretary shall— (1) coordinate with the Secretary of Energy, as...2 other bills also change this section · Follow it → Official text at uscode.house.gov ↗
Transportation security · 6 U.S.C. ch. 4 6 sections
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§ 1102 National Domestic Preparedness Consortium Amends
6 U.S.C. § 1102
The law today
(a) In general The Secretary is authorized to establish, operate, and maintain a National Domestic Preparedness Consortium within the Department. (b) Members Members of the National Domestic Preparedness Consortium shall consist of— (1) the Center for Domestic Preparedness; (2) the National Energetic Materials Research and Testing Center, New Mexico Institute of Mining and Technology; (3) the National Center for Biomedical Research and Training, Louisiana State University; (4) the National Emergency Response and Rescue Training Center, Texas A&M University; (5) the National Exercise, Test, and Training Center, Nevada Test Site; (6) the Transportation Technology Center, Incorporated, in Pueblo, Colorado; and (7) the National Disaster Preparedness Training Center, University of Hawaii. (c) Duties The National Domestic Preparedness Consortium shall identify, develop, test, and deliver training to State, local, and tribal emergency response providers, provide on-site and mobile training at the performance and management and planning levels, and facilitate the delivery of training by the training partners of the Department. (d) Authorization of appropriations There are authorized to be appropriated to the Secretary— (1) for the Center for Domestic Preparedness— (A) $57,000,000 for fiscal year 2008; (B) $60,000,000 for fiscal year 2009; (C) $63,000,000 for fiscal year 2010; and (D) $66,000,000 for fiscal year 2011; and (2) for the National Energetic Materials Research and Testing Center, the National Center for Biomedical Research and Training, the National Emergency Response and Rescue Training Center, the National Exercise, Test, and Training Center, the Transportation Technology Center, Incorporated, and the National Disaster Preparedness Training Center each— (A) $22,000,000 for fiscal year 2008; (B) $23,000,000 for fiscal year 2009; (C) $24,000,000 for fiscal year 2010; and (D) $25,500,000 for fiscal year 2011. (e) Savings provision From the amounts appropriated pursuant to this section, the Secretary shall ensure that future amounts provided to each of the following entities are not less than the amounts provided to each such entity for participation in the Consortium in fiscal year 2007— (1) the Center for Domestic Preparedness; (2) the National Energetic Materials Research and Testing Center, New Mexico Institute of Mining and Technology; (3) the National Center for Biomedical Research and Training, Louisiana State University; (4) the National Emergency Response and Rescue Training Center, Texas A&M University; and (5) the National Exercise, Test, and Training Center, Nevada Test Site.4 other bills also change this section · Follow it → Official text at uscode.house.gov ↗
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§ 1112 Authorization of Visible Intermodal Prevention and Response teams Amends
6 U.S.C. § 1112
The law today
(a) In general The Secretary, acting through the Administrator of the Transportation Security Administration, may develop Visible Intermodal Prevention and Response (referred to in this section as “VIPR”) teams to augment the security of any mode of transportation at any location within the United States. In forming a VIPR team, the Secretary— (1) may use any asset of the Department, including Federal air marshals, surface transportation security inspectors, canine detection teams, and advanced screening technology; (2) may determine when a VIPR team shall be deployed, as well as the duration of the deployment; (3) shall, prior to and during the deployment, consult with local security and law enforcement officials in the jurisdiction where the VIPR team is or will be deployed, to develop and agree upon the appropriate operational protocols and provide relevant information about the mission of the VIPR team, as appropriate; (4) shall, prior to and during the deployment, consult with all transportation entities directly affected by the deployment of a VIPR team as to specific locations and times within the facilities of such entities at which VIPR teams are to be deployed to maximize the effectiveness of such deployment, as appropriate, including railroad carriers, air carriers, airport owners, over-the-road bus operators and terminal owners and operators, motor carriers, public transportation agencies, owners or operators of highways, port operators and facility owners, vessel owners and operators and pipeline operators; and (5) shall require, as appropriate based on risk, in the case of a VIPR team deployed to an airport, that the VIPR team conduct operations— (A) in the sterile area and any other areas to which only individuals issued security credentials have unescorted access; and (B) in nonsterile areas. (b) Performance measures Not later than 1 year after October 5, 2018, the Administrator shall develop and implement a system 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 referred to in subsection (a)(4) may submit feedback on VIPR team operations involving their systems or facilities. (c) Plan Not later than 1 year after October 5, 2018, the Administrator shall develop and implement a plan for ensuring the interoperability 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.3 other bills also change this section · Follow it → Official text at uscode.house.gov ↗
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§ 1116 National explosives detection canine team training program Amends
6 U.S.C. § 1116
The law today
(a) Definitions For purposes of this section, the term “explosives detection canine team” means a canine and a canine handler that are trained to detect explosives, radiological materials, chemical, nuclear or biological weapons, or other threats as defined by the Secretary. (b) In general (1) Increased capacity Not later than 180 days after August 3, 2007, the Secretary of Homeland Security shall— (A) begin to increase the number of explosives detection canine teams certified by the Transportation Security Administration for the purposes of transportation-related security by up to 200 canine teams annually by the end of 2010; and (B) encourage State, local, and tribal governments and private owners of high-risk transportation facilities to strengthen security through the use of highly trained explosives detection canine teams. (2) Explosives detection canine teams The Secretary of Homeland Security shall increase the number of explosives detection canine teams by— (A) using the Transportation Security Administration’s National Explosives Detection Canine Team Training Center, including expanding and upgrading existing facilities, procuring and breeding additional canines, and increasing staffing and oversight commensurate with the increased training and deployment capabilities; (B) partnering with other Federal, State, or local agencies, nonprofit organizations, universities, or the private sector to increase the training capacity for canine detection teams; (C) procuring explosives detection canines trained by nonprofit organizations, universities, or the private sector provided they are trained in a manner consistent with the standards and requirements developed pursuant to subsection (c) or other criteria developed by the Secretary; or (D) a combination of subparagraphs (A), (B), and (C), as appropriate. (c) Standards for explosives detection canine teams (1) In general Based on the feasibility in meeting the ongoing demand for quality explosives detection canine teams, the Secretary shall establish criteria, including canine training curricula, performance standards, and other requirements approved by the Transportation Security Administration necessary to ensure that explosives detection canine teams trained by nonprofit organizations, universities, and private sector entities are adequately trained and maintained. (2) Expansion In developing and implementing such curriculum, performance standards, and other requirements, the Secretary shall— (A) coordinate with key stakeholders, including international, Federal, State, and local officials, and private sector and academic entities to develop best practice guidelines for such a standardized program, as appropriate; (B) require that explosives detection canine teams trained by nonprofit organizations, universities, or private sector entities that are used or made available by the Secretary be trained consistent with specific training criteria developed by the Secretary; and (C) review the status of the private sector programs on at least an annual basis to ensure compliance with training curricula, performance standards, and other requirements. (d) Deployment The Secretary shall— (1) use the additional explosives detection canine teams as part of the Department’s efforts to strengthen security across the Nation’s transportation network, and may use the canine teams on a more limited basis to support other homeland security missions, as determined appropriate by the Secretary; (2) make available explosives detection canine teams to all modes of transportation, for high-risk areas or to address specific threats, on an as-needed basis and as otherwise determined appropriate by the Secretary; (3) encourage, but not require, any transportation facility or system to deploy TSA-certified explosives detection canine teams developed under this section; and (4) consider specific needs and training requirements for explosives detection canine teams to be deployed across the Nation...2 other bills also change this section · Follow it → Official text at uscode.house.gov ↗
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§ 1135 Public transportation security assistance Amends
6 U.S.C. § 1135
The law today
(a) Security assistance program (1) In general The Secretary shall establish a program for making grants to eligible public transportation agencies for security improvements described in subsection (b). (2) Eligibility A public transportation agency is eligible for a grant under this section if the Secretary has performed a security assessment or the agency has developed a security plan under section 1134 of this title. Grant funds shall only be awarded for permissible uses under subsection (b) to— (A) address items included in a security assessment; or (B) further a security plan. (b) Uses of funds A recipient of a grant under subsection (a) shall use the grant funds for one or more of the following: (1) Capital uses of funds, including— (A) tunnel protection systems; (B) perimeter protection systems, including access control, installation of improved lighting, fencing, and barricades; (C) redundant critical operations control systems; (D) chemical, biological, radiological, or explosive detection systems, including the acquisition of canines used for such detection; (E) surveillance equipment; (F) communications equipment, including mobile service equipment to provide access to wireless Enhanced 911 (E911) emergency services in an underground fixed guideway system; (G) emergency response equipment, including personal protective equipment; (H) fire suppression and decontamination equipment; (I) global positioning or tracking and recovery equipment, and other automated-vehicle-locator-type system equipment; (J) evacuation improvements; (K) purchase and placement of bomb-resistant trash cans throughout public transportation facilities, including subway exits, entrances, and tunnels; (L) capital costs associated with security awareness, security preparedness, and security response training, including training under section 1137 of this title and exercises under section 1136 of this title; (M) security improvements for public transportation systems, including extensions thereto, in final design or under construction; (N) security improvements for stations and other public transportation infrastructure, including stations and other public transportation infrastructure owned by State or local governments; and (O) other capital security improvements determined appropriate by the Secretary. (2) Operating uses of funds, including— (A) security training and associated backfill, including training under section 1137 of this title and training developed by institutions of higher education and by nonprofit employee labor organizations, for public transportation employees, including frontline employees; (B) live or simulated exercises under section 1136 of this title; (C) public awareness campaigns for enhanced public transportation security; (D) canine patrols for chemical, radiological, biological, or explosives detection; (E) development of security plans under section 1134 of this title; (F) overtime reimbursement including reimbursement of State, local, and tribal governments, for costs for enhanced security personnel during significant national and international public events; (G) operational costs, including reimbursement of State, local, and tribal governments for costs for personnel assigned to full-time or part-time security or counterterrorism duties related to public transportation, provided that this expense totals no more than 10 percent of the total grant funds received by a public transportation agency in any 1 year; and (H) other operational security costs determined appropriate by the Secretary, excluding routine, ongoing personnel costs, other than those set forth in this section. (c) Department of Homeland Security responsibilities In carrying out the responsibilities under subsection (a), the Secretary shall— (1) determine the requirements for recipients of grants under this section, including application requirements; (2) pursuant to subsection (a)(2), select the recipients of grants based solely on risk; and (3) p...5 other bills also change this section · Follow it → Official text at uscode.house.gov ↗
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§ 1163 Railroad security assistance Amends
6 U.S.C. § 1163
The law today
(a) Security improvement grants (1) The Secretary, in consultation with the Administrator of the Transportation Security Administration and other appropriate agencies or officials, is authorized to make grants to railroad carriers, the Alaska Railroad, security-sensitive materials offerors who ship by railroad, owners of railroad cars used in the transportation of security-sensitive materials, State and local governments (for railroad passenger facilities and infrastructure not owned by Amtrak), and Amtrak for intercity passenger railroad and freight railroad security improvements described in subsection (b) as approved by the Secretary. (2) A railroad carrier is eligible for a grant under this section if the carrier has completed a vulnerability assessment and developed a security plan that the Secretary has approved in accordance with section 1162 of this title. (3) A recipient of a grant under this section may use grant funds only for permissible uses under subsection (b) to further a railroad security plan that meets the requirements of paragraph (2). (4) Notwithstanding the requirement for eligibility and uses of funds in paragraphs (2) and (3), a railroad carrier is eligible for a grant under this section if the applicant uses the funds solely for the development of assessments or security plans under section 1162 of this title. (5) Notwithstanding the requirements for eligibility and uses of funds in paragraphs (2) and (3), prior to the earlier of 1 year after the date of issuance of final regulations requiring vulnerability assessments and security plans under section 1162 of this title or 3 years after August 3, 2007, the Secretary may award grants under this section for rail security improvements listed under subsection (b) based upon railroad carrier vulnerability assessments and security plans that the Secretary determines are sufficient for the purposes of this section but have not been approved by the Secretary in accordance with section 1162 of this title. (b) Uses of funds A recipient of a grant under this section shall use the grant funds for one or more of the following: (1) Security and redundancy for critical communications, computer, and train control systems essential for secure railroad operations, including communications interoperability where appropriate with relevant outside agencies and entities. (2) Accommodation of railroad cargo or passenger security inspection facilities, related infrastructure, and operations at or near United States international borders or other ports of entry. (3) The security of security-sensitive materials transportation by railroad. (4) Chemical, biological, radiological, or explosive detection, including canine patrols for such detection. (5) The security and preparedness of intercity passenger railroad stations, trains, and infrastructure, including security capital improvement projects that the Secretary determines enhance railroad station security. (6) Technologies to reduce the vulnerabilities of railroad cars, including structural modification of railroad cars transporting security-sensitive materials to improve their resistance to acts of terrorism. (7) The sharing of intelligence and information about security threats and preparedness, including connectivity to the National Terrorist Screening Center. (8) To obtain train tracking and communications equipment, including equipment that is interoperable with Federal, State, and local agencies and tribal governments. (9) To hire, train, and employ police, security, and preparedness officers, including canine units, assigned to full-time security or counterterrorism duties related to railroad transportation. (10) Overtime reimbursement, including reimbursement of State, local, and tribal governments for costs, for enhanced security personnel assigned to duties related to railroad security during periods of high or severe threat levels and National Special Security Events or other periods of heightened security as de...4 other bills also change this section · Follow it → Official text at uscode.house.gov ↗
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§ 1164 Systemwide Amtrak security upgrades Amends
6 U.S.C. § 1164
The law today
(a) In general (1) Grants Subject to subsection (b), the Secretary, in consultation with the Administrator of the Transportation Security Administration, is authorized to make grants to Amtrak in accordance with the provisions of this section. (2) General purposes The Secretary may make such grants for the purposes of— (A) protecting underwater and underground assets and systems; (B) protecting high-risk and high-consequence assets identified through systemwide risk assessments; (C) providing counterterrorism or security training; (D) providing both visible and unpredictable deterrence; and (E) conducting emergency preparedness drills and exercises. (3) Specific projects The Secretary shall make such grants— (A) to secure major tunnel access points and ensure tunnel integrity in New York, New Jersey, Maryland, and Washington, DC; (B) to secure Amtrak trains; (C) to secure Amtrak stations; (D) to obtain a watchlist identification system approved by the Secretary, or to connect to the National Terrorism Screening Center watchlist; (E) to obtain train tracking and interoperable communications systems that are coordinated with Federal, State, and local agencies and tribal governments to the maximum extent possible; (F) to hire, train, and employ police and security officers, including canine units, assigned to full-time security or counterterrorism duties related to railroad transportation; (G) for operating and capital costs associated with security awareness, preparedness, and response training, including training under section 1167 of this title, and training developed by universities, institutions of higher education, and nonprofit employee labor organizations, for railroad employees, including frontline employees; (H) for live or simulated exercises, including exercises described in section 1166 of this title; (I) for improvements to passenger verification systems; (J) for improvements to employee and contractor verification systems, including identity verification technology; or (K) for improvements to the security of Amtrak computer systems, including cybersecurity assessments and programs. (b) Conditions The Secretary shall award grants to Amtrak under this section for projects contained in a systemwide security plan approved by the Secretary developed pursuant to section 1162 of this title. Not later than 5 business days after awarding a grant to Amtrak under this section, the Secretary shall transfer the grant funds to the Secretary of Transportation to be disbursed to Amtrak. (c) Equitable geographic allocation The Secretary shall ensure that, subject to meeting the highest security needs on Amtrak’s entire system and consistent with the risk assessment required under section 1161 of this title and Amtrak’s vulnerability assessment and security plan developed under section 1162 of this title, stations and facilities located outside of the Northeast Corridor receive an equitable share of the security funds authorized by this section. (d) Availability of funds (1) In general Out of funds appropriated pursuant to section 114(w) 1 of title 49, there shall be made available to the Secretary and the Administrator of the Transportation Security Administration to carry out this section— (A) $150,000,000 for fiscal year 2008; (B) $150,000,000 for fiscal year 2009; (C) $175,000,000 for fiscal year 2010; and (D) $175,000,000 for fiscal year 2011. (2) Availability of appropriated funds Amounts appropriated pursuant to paragraph (1) shall remain available until expended.2 other bills also change this section · Follow it → Official text at uscode.house.gov ↗
Cybersecurity · 6 U.S.C. ch. 6 Amends the act as a whole
Functions and powers · 14 U.S.C. ch. 5 1 section 1 repealed
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§ 564 Administration of sexual assault forensic examination kits Repeals
14 U.S.C. § 564
The law today
(a) Sexual Assault Forensic Exam Procedure.— (1) In general.— Before embarking on any prescheduled voyage, a Coast Guard vessel shall have in place a written operating procedure that ensures that an embarked victim of sexual assault shall have access to a sexual assault forensic examination— (A) as soon as possible after the victim requests an examination; and (B) that is treated with the same level of urgency as emergency medical care. (2) Requirements.— The written operating procedure required by paragraph (1) shall, at a minimum, account for— (A) the health, safety, and privacy of a victim of sexual assault; (B) the proximity of ashore or afloat medical facilities, including coordination as necessary with the Department of Defense, including other military departments (as defined in section 101 of title 10); (C) the availability of aeromedical evacuation; (D) the operational capabilities of the vessel concerned; (E) the qualifications of medical personnel onboard; (F) coordination with law enforcement and the preservation of evidence; (G) the means of accessing a sexual assault forensic examination and medical care with a restricted report of sexual assault; (H) the availability of nonprescription pregnancy prophylactics; and (I) other unique military considerations. (b) Annual Report.— The Commandant shall submit to the Transportation and Infrastructure Committee of the House of Representatives and the Commerce, Science, and Transportation Committee of the Senate a report containing the number of sexual assault forensic examinations that were requested by, but not administered within 3 days to, alleged victims of sexual assault when such victims were onboard a Coast Guard vessel.2 other bills also change this section · Follow it → Official text at uscode.house.gov ↗
Pay, allowances, awards, and other rights and benefits · 14 U.S.C. ch. 27 2 sections
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§ 2702 Training Amends
14 U.S.C. § 2702
The law today
The Coast Guard may make expenditures for the training of personnel, including books, school supplies, correspondence courses, motion picture equipment, and other equipment for instructional purposes.4 other bills also change this section · Follow it → Official text at uscode.house.gov ↗
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§ 2704 Equipment to prevent accidents Amends
14 U.S.C. § 2704
The law today
The Coast Guard may make such expenditures as are deemed appropriate for promotion and maintenance of the safety and occupational health of, and the prevention of accidents affecting, personnel of the Coast Guard, including the purchase of clothing, equipment, and other materials necessary thereto.2 other bills also change this section · Follow it → Official text at uscode.house.gov ↗
Aid to small business · 15 U.S.C. ch. 14A 1 section
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§ 648 Small business development center program authorization Amends
15 U.S.C. § 648 — at 648(a)(8)(B)
The law today
(a) Grants, contracts and cooperative agreements for establishment of small business development centers and for small business activities and purposes; role of Administration; non-Federal additional amount; amount of grant; eligibility (1) The Administration is authorized to make grants (including contracts and cooperative agreements) to any State government or any agency thereof, any regional entity, any State-chartered development, credit or finance corporation, any women’s business center operating pursuant to section 656 of this title, any public or private institution of higher education, including but not limited to any land-grant college or university, any college or school of business, engineering, commerce, or agriculture, community college or junior college, or to any entity formed by two or more of the above entities (herein referred to as “applicants”) to assist in establishing small business development centers and to any such body for: small business oriented employment or natural resources development programs; studies, research, and counseling concerning the managing, financing, and operation of small business enterprises; management and technical assistance regarding small business participation in international markets, export promotion and technology transfer; delivery or distribution of such services and information; providing access to business analysts who can refer small business concerns to available experts; and, to the extent practicable, providing assistance in furtherance of the Small Business Development Center Cyber Strategy developed under section 1841(a) of the National Defense Authorization Act for Fiscal Year 2017: Provided, That after December 31, 1990, the Administration shall not make a grant to any applicant other than an institution of higher education or a women’s business center operating pursuant to section 656 of this title as a Small Business Development Center unless the applicant was receiving a grant (including a contract or cooperative agreement) on such date. The previous sentence shall not apply to an applicant that has its principal office located in the Commonwealth of the Northern Mariana Islands. The Administration shall require any applicant for a small business development center grant with performance commencing on or after January 1, 1992 to have its own budget and to primarily utilize institutions of higher education and women’s business centers operating pursuant to section 656 of this title to provide services to the small business community. The term of such grants shall be made on a calendar year basis or to coincide with the Federal fiscal year. (2) Cooperation to provide international trade services.— (A) Information and services.— The small business development centers shall work in close cooperation with the Administration’s regional and local offices, the Department of Commerce, appropriate Federal, State and local agencies (including State trade agencies), and the small business community to serve as an active information dissemination and service delivery mechanism for existing trade promotion, trade finance, trade adjustment, trade remedy and trade data collection programs of particular utility for small businesses. (B) Cooperation with state trade agencies and export assistance centers.— A small business development center that counsels a small business concern on issues relating to international trade shall— (i) consult with State trade agencies and Export Assistance Centers to provide appropriate services to the small business concern; and (ii) as necessary, refer the small business concern to a State trade agency or an Export Assistance Center for further counseling or assistance. (C) Definition.— In this paragraph, the term “Export Assistance Center” has the same meaning as in section 649 of this title. (3) The Small Business Development Center Program shall be under the general management and oversight of the Administration for the delivery of pro...80 other bills also change this section · Follow it → Official text at uscode.house.gov ↗
Elections and political activities · 18 U.S.C. ch. 29 1 section
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§ 592 Troops at polls Amends
18 U.S.C. § 592
The law today
Whoever, being an officer of the Army or Navy, or other person in the civil, military, or naval service of the United States, orders, brings, keeps, or has under his authority or control any troops or armed men at any place where a general or special election is held, unless such force be necessary to repel armed enemies of the United States, shall be fined under this title or imprisoned not more than five years, or both; and be disqualified from holding any office of honor, profit, or trust under the United States. This section shall not prevent any officer or member of the armed forces of the United States from exercising the right of suffrage in any election district to which he may belong, if otherwise qualified according to the laws of the State in which he offers to vote.2 other bills also change this section · Follow it → Official text at uscode.house.gov ↗
Extortion and threats · 18 U.S.C. ch. 41 1 section
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§ 879 Threats against former Presidents and certain other persons Amends
18 U.S.C. § 879 — at 879(a)
The law today
(a) Whoever knowingly and willfully threatens to kill, kidnap, or inflict bodily harm upon— (1) a former President or a member of the immediate family of a former President; (2) a member of the immediate family of the President, the President-elect, the Vice President, or the Vice President-elect; (3) a major candidate for the office of President or Vice President, or a member of the immediate family of such candidate; or (4) a person protected by the Secret Service under section 3056(a)(6); shall be fined under this title or imprisoned not more than 5 years, or both. (b) As used in this section— (1) the term “immediate family” means— (A) with respect to subsection (a)(1) of this section, the spouse of a former President during a former President’s lifetime, the surviving spouse of a former President until the surviving spouse’s death or remarriage, and minor children of a former President until they reach sixteen years of age; and (B) with respect to subsection (a)(2) and (a)(3) of this section, a person to whom the President, President-elect, Vice President, Vice President-elect, or major candidate for the office of President or Vice President— (i) is related by blood, marriage, or adoption; or (ii) stands in loco parentis; (2) the term “major candidate for the office of President or Vice President” means a candidate referred to in subsection (a)(7) of section 3056 of this title; and (3) the terms “President-elect” and “Vice President-elect” have the meanings given those terms in section 871(b) of this title.7 other bills also change this section · Follow it → Official text at uscode.house.gov ↗
Presidential and presidential staff assassination, kidnapping, and assault · 18 U.S.C. ch. 84 1 section
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§ 1752 Restricted building or grounds Amends
18 U.S.C. § 1752 — at 1752(a)
The law today
(a) Whoever— (1) knowingly enters or remains in any restricted building or grounds without lawful authority to do so; (2) knowingly, and with intent to impede or disrupt the orderly conduct of Government business or official functions, engages in disorderly or disruptive conduct in, or within such proximity to, any restricted building or grounds when, or so that, such conduct, in fact, impedes or disrupts the orderly conduct of Government business or official functions; (3) knowingly, and with the intent to impede or disrupt the orderly conduct of Government business or official functions, obstructs or impedes ingress or egress to or from any restricted building or grounds; or 1 (4) knowingly engages in any act of physical violence against any person or property in any restricted building or grounds; 2 (5) knowingly and willfully operates an unmanned aircraft system with the intent to knowingly and willfully direct or otherwise cause such unmanned aircraft system to enter or operate within or above a restricted building or grounds; or attempts or conspires to do so, shall be punished as provided in subsection (b). (b) The punishment for a violation of subsection (a) is— (1) a fine under this title or imprisonment for not more than 10 years, or both, if— (A) the person, during and in relation to the offense, uses or carries a deadly or dangerous weapon or firearm; or (B) the offense results in significant bodily injury as defined by section 2118(e)(3); and (2) a fine under this title or imprisonment for not more than one year, or both, in any other case. (c) In this section— (1) the term “restricted buildings or grounds” means any posted, cordoned off, or otherwise restricted area— (A) of the White House or its grounds, or the Vice President’s official residence or its grounds; (B) of a building or grounds where the President or other person protected by the Secret Service is or will be temporarily visiting; or (C) of a building or grounds so restricted in conjunction with an event designated as a special event of national significance; and (2) the term “other person protected by the Secret Service” means any person whom the United States Secret Service is authorized to protect under section 3056 of this title or by Presidential memorandum, when such person has not declined such protection.3 other bills also change this section · Follow it → Official text at uscode.house.gov ↗
Arrest and commitment · 18 U.S.C. ch. 203 1 section
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§ 3056 Powers, authorities, and duties of United States Secret Service Amends
18 U.S.C. § 3056
The law today
(a) Under the direction of the Secretary of Homeland Security, the United States Secret Service is authorized to protect the following persons: (1) The President, the Vice President (or other officer next in the order of succession to the Office of President), the President-elect, and the Vice President-elect. (2) The immediate families of those individuals listed in paragraph (1). (3) Former Presidents and their spouses for their lifetimes, except that protection of a spouse shall terminate in the event of remarriage. (4) Children of a former President who are under 16 years of age. (5) Visiting heads of foreign states or foreign governments. (6) Other distinguished foreign visitors to the United States and official representatives of the United States performing special missions abroad when the President directs that such protection be provided. (7) Major Presidential and Vice Presidential candidates and, within 120 days of the general Presidential election, the spouses of such candidates. As used in this paragraph, the term “major Presidential and Vice Presidential candidates” means those individuals identified as such by the Secretary of Homeland Security after consultation with an advisory committee consisting of the Speaker of the House of Representatives, the minority leader of the House of Representatives, the majority and minority leaders of the Senate, and one additional member selected by the other members of the committee. The Committee shall not be subject to chapter 10 of title 5. (8) Former Vice Presidents, their spouses, and their children who are under 16 years of age, for a period of not more than six months after the date the former Vice President leaves office. The Secretary of Homeland Security shall have the authority to direct the Secret Service to provide temporary protection for any of these individuals at any time thereafter if the Secretary of Homeland Security or designee determines that information or conditions warrant such protection. The protection authorized in paragraphs (2) through (8) may be declined. (b) Under the direction of the Secretary of Homeland Security, the Secret Service is authorized to detect and arrest any person who violates— (1) section 508, 509, 510, 871, or 879 of this title or, with respect to the Federal Deposit Insurance Corporation, Federal land banks, and Federal land bank associations, section 213, 216,1 433, 493, 657, 709, 1006, 1007, 1011, 1013, 1014, 1907, or 1909 of this title; (2) any of the laws of the United States relating to coins, obligations, and securities of the United States and of foreign governments; or (3) any of the laws of the United States relating to electronic fund transfer frauds, access device frauds, false identification documents or devices, and any fraud or other criminal or unlawful activity in or against any federally insured financial institution; except that the authority conferred by this paragraph shall be exercised subject to the agreement of the Attorney General and the Secretary of Homeland Security and shall not affect the authority of any other Federal law enforcement agency with respect to those laws. (c) (1) Under the direction of the Secretary of Homeland Security, officers and agents of the Secret Service are authorized to— (A) execute warrants issued under the laws of the United States; (B) carry firearms; (C) make arrests without warrant for any offense against the United States committed in their presence, or for any felony cognizable under the laws of the United States if they have reasonable grounds to believe that the person to be arrested has committed or is committing such felony; (D) offer and pay rewards for services and information leading to the apprehension of persons involved in the violation or potential violation of those provisions of law which the Secret Service is authorized to enforce; (E) pay expenses for unforeseen emergencies of a confidential nature under the direction of the Secretary of Homeland Se...21 other bills also change this section · Follow it → Official text at uscode.house.gov ↗
Tariff act of 1930 · 19 U.S.C. ch. 4 1 section
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§ 1431 Manifests Amends
19 U.S.C. § 1431 — at 1431(c)
The law today
(a) In general Every vessel required to make entry under section 1434 of this title or obtain clearance under section 60105 of title 46 shall have a manifest that complies with the requirements prescribed under subsection (d). (b) Production of manifest Any manifest required by the Customs Service shall be signed, produced, delivered or electronically transmitted by the master or person in charge of the vessel, aircraft, or vehicle, or by any other authorized agent of the owner or operator of the vessel, aircraft, or vehicle in accordance with the requirements prescribed under subsection (d). A manifest may be supplemented by bill of lading data supplied by the issuer of such bill. If any irregularity of omission or commission occurs in any way in respect to any manifest or bill of lading data, the owner or operator of the vessel, aircraft or vehicle, or any party responsible for such irregularity, shall be liable for any fine or penalty prescribed by law with respect to such irregularity. The Customs Service may take appropriate action against any of the parties. (c) Public disclosure of certain manifest information (1) Except as provided in subparagraph (2), the following information, when contained in a vessel vessel 1 or aircraft manifest, shall be available for public disclosure: (A) The name and address of each importer or consignee and the name and address of the shipper to such importer or consignee, unless the importer or consignee has made a biennial certification, in accordance with procedures adopted by the Secretary of the Treasury, claiming confidential treatment of such information. (B) The general character of the cargo. (C) The number of packages and gross weight. (D) The name of the vessel, aircraft, or carrier. (E) The seaport or airport of loading. (F) The seaport or airport of discharge. (G) The country of origin of the shipment. (H) The trademarks appearing on the goods or packages. (2) (A) The information listed in paragraph (1) shall not be available for public disclosure if— (i) the Secretary of the Treasury makes an affirmative finding on a shipment-by-shipment basis that disclosure is likely to pose a threat of personal injury or property damage; or (ii) the information is exempt under the provisions of section 552(b)(1) of title 5. (B) The Secretary shall ensure that any personally identifiable information, including Social Security numbers and passport numbers, is removed from any manifest signed, produced, delivered, or electronically transmitted under this section before access to the manifest is provided to the public. (3) The Secretary of the Treasury, in order to allow for the timely dissemination and publication of the information listed in paragraph (1), shall establish procedures to provide access to manifests. Such procedures shall include provisions for adequate protection against the public disclosure of information not available for public disclosure from such manifests. (d) Regulations (1) In general The Secretary shall by regulation— (A) specify the form for, and the information and data that must be contained in, the manifest required by subsection (a); (B) allow, at the option of the individual producing the manifest and subject to paragraph (2), letters and documents shipments to be accounted for by summary manifesting procedures; (C) prescribe the manner of production for, and the delivery for electronic transmittal of, the manifest required by subsection (a); and (D) prescribe the manner for supplementing manifests with bill of lading data under subsection (b). (2) Letters and documents shipments For purposes of paragraph (1)(B)— (A) the Customs Service may require with respect to letters and documents shipments— (i) that they be segregated by country of origin, and (ii) additional examination procedures that are not necessary for individually manifested shipments; (B) standard letter envelopes and standard document packs shall be segregated from larger document shipments for ...14 other bills also change this section · Follow it → Official text at uscode.house.gov ↗
The budget and fiscal, budget, and program information · 31 U.S.C. ch. 11 1 section
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§ 1105 Budget contents and submission to Congress Amends
31 U.S.C. § 1105
The law today
(a) On or after the first Monday in January but not later than the first Monday in February of each year, the President shall submit a budget of the United States Government for the following fiscal year. Each budget shall include a budget message and summary and supporting information. The President shall include in each budget the following: (1) information on activities and functions of the Government. (2) when practicable, information on costs and achievements of Government programs. (3) other desirable classifications of information. (4) a reconciliation of the summary information on expenditures with proposed appropriations. (5) except as provided in subsection (b) of this section, estimated expenditures and proposed appropriations the President decides are necessary to support the Government in the fiscal year for which the budget is submitted and the 4 fiscal years after that year. (6) estimated receipts of the Government in the fiscal year for which the budget is submitted and the 4 fiscal years after that year under— (A) laws in effect when the budget is submitted; and (B) proposals in the budget to increase revenues. (7) appropriations, expenditures, and receipts of the Government in the prior fiscal year. (8) estimated expenditures and receipts, and appropriations and proposed appropriations, of the Government for the current fiscal year. (9) balanced statements of the— (A) condition of the Treasury at the end of the prior fiscal year; (B) estimated condition of the Treasury at the end of the current fiscal year; and (C) estimated condition of the Treasury at the end of the fiscal year for which the budget is submitted if financial proposals in the budget are adopted. (10) essential information about the debt of the Government. (11) other financial information the President decides is desirable to explain in practicable detail the financial condition of the Government. (12) for each proposal in the budget for legislation that would establish or expand a Government activity or function, a table showing— (A) the amount proposed in the budget for appropriation and for expenditure because of the proposal in the fiscal year for which the budget is submitted; and (B) the estimated appropriation required because of the proposal for each of the 4 fiscal years after that year that the proposal will be in effect. (13) an allowance for additional estimated expenditures and proposed appropriations for the fiscal year for which the budget is submitted. (14) an allowance for unanticipated uncontrollable expenditures for that year. (15) a separate statement on each of the items referred to in section 301(a)(1)–(5) of the Congressional Budget Act of 1974 (2 U.S.C. 632(a)(1)–(5)). (16) the level of tax expenditures under existing law in the tax expenditures budget (as defined in section 3(a)(3) of the Congressional Budget Act of 1974 (2 U.S.C. 622(a)(3)) for the fiscal year for which the budget is submitted, considering projected economic factors and changes in the existing levels based on proposals in the budget. (17) information on estimates of appropriations for the fiscal year following the fiscal year for which the budget is submitted for grants, contracts, and other payments under each program for which there is an authorization of appropriations for that following fiscal year when the appropriations are authorized to be included in an appropriation law for the fiscal year before the fiscal year in which the appropriation is to be available for obligation. (18) a comparison of the total amount of budget outlays for the prior fiscal year, estimated in the budget submitted for that year, for each major program having relatively uncontrollable outlays with the total amount of outlays for that program in that year. (19) a comparison of the total amount of receipts for the prior fiscal year, estimated in the budget submitted for that year, with receipts received in that year, and for each major source of receipts, a comparison ...113 other bills also change this section · Follow it → Official text at uscode.house.gov ↗
Appropriations · 31 U.S.C. ch. 13 1 section
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§ 1344 Passenger carrier use Amends
31 U.S.C. § 1344 — at 1344(b)(6)
The law today
(a) (1) Funds available to a Federal agency, by appropriation or otherwise, may be expended by the Federal agency for the maintenance, operation, or repair of any passenger carrier only to the extent that such carrier is used to provide transportation for official purposes. Notwithstanding any other provision of law, transporting any individual other than the individuals listed in subsections (b) and (c) of this section between such individual’s residence and such individual’s place of employment is not transportation for an official purpose. (2) For purposes of paragraph (1), transportation between the residence of an officer or employee and various locations that is— (A) required for the performance of field work, in accordance with regulations prescribed pursuant to subsection (e) of this section, or (B) essential for the safe and efficient performance of intelligence, counterintelligence, protective services, or criminal law enforcement duties, or transportation of federally owned canines associated with force protection duties of any part of the intelligence community (as defined in section 3 of the National Security Act of 1947 (50 U.S.C. 3003)), is transportation for an official purpose, when approved in writing by the head of the Federal agency. (3) For purposes of paragraph (1), the transportation of an individual between such individual’s place of employment and a mass transit facility pursuant to subsection (g) is transportation for an official purpose. (b) A passenger carrier may be used to transport between residence and place of employment the following officers and employees of Federal agencies: (1) (A) the President and the Vice President; (B) no more than 6 officers or employees in the Executive Office of the President, as designated by the President; and (C) no more than 10 additional officers or employees of Federal agencies, as designated by the President; (2) the Chief Justice and the Associate Justices of the Supreme Court; (3) (A) officers compensated at Level I of the Executive Schedule pursuant to section 5312 of title 5; and (B) a single principal deputy to an officer described in subclause (A) of this clause, when a determination is made by such officer that such transportation is appropriate; (4) principal diplomatic and consular officials abroad, and the United States Ambassador to the United Nations; (5) the Deputy Secretary of Defense and Under Secretaries of Defense, the Secretary of the Air Force, the Secretary of the Army, the Secretary of the Navy, the members and Vice Chairman of the Joint Chiefs of Staff, and the Commandant of the Coast Guard; (6) the Director of the Central Intelligence Agency, the Director of the Federal Bureau of Investigation, Director of the Bureau of Alcohol, Tobacco, Firearms and Explosives 1 the Administrator of the Drug Enforcement Administration, and the Administrator of the National Aeronautics and Space Administration; (7) the Chairman of the Board of Governors of the Federal Reserve System; (8) the Comptroller General of the United States and the Postmaster General of the United States; and (9) an officer or employee with regard to whom the head of a Federal agency makes a determination, in accordance with subsection (d) of this section and with regulations prescribed pursuant to paragraph (1) of subsection (e), that highly unusual circumstances present a clear and present danger, that an emergency exists, or that other compelling operational considerations make such transportation essential to the conduct of official business. Except as provided in paragraph (2) of subsection (d), any authorization made pursuant to clause (9) of this subsection to permit the use of a passenger carrier to transport an officer or employee between residence and place of employment shall be effective for not more than 15 calendar days. (c) A passenger carrier may be used to transport between residence and place of employment any person for whom protection is specifically author...16 other bills also change this section · Follow it → Official text at uscode.house.gov ↗
Bridges over navigable waters · 33 U.S.C. ch. 11 1 section
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§ 499 Regulations for drawbridges Amends
33 U.S.C. § 499
The law today
(a) Criminal penalties for violations; enforcement; rules and regulations It shall be the duty of all persons owning, operating, and tending the drawbridges built prior to August 18, 1894, or which may thereafter be built across the navigable rivers and other waters of the United States, to open, or cause to be opened, the draws of such bridges under such rules and regulations as in the opinion of the Secretary of the department in which the Coast Guard is operating the public interests require to govern the opening of drawbridges for the passage of vessels and other water crafts, and such rules and regulations, when so made and published, shall have the force of law. Every such person who shall willfully fail or refuse to open, or cause to be opened, the draw of any such bridge for the passage of a boat or boats, as provided in such regulations, shall be deemed guilty of a misdemeanor, and on conviction thereof shall be punished by a fine of not more than $2,000 nor less than $1,000, or by imprisonment (in the case of a natural person) for not exceeding one year, or by both such fine and imprisonment, in the discretion of the court: Provided, That the proper action to enforce the provisions of this subsection may be commenced before any magistrate judge, judge, or court of the United States, and such magistrate judge, judge, or court shall proceed in respect thereto as authorized by law in case of crimes against the United States: Provided further, That whenever, in the opinion of the Secretary of the department in which the Coast Guard is operating, the public interests require it, he may make rules and regulations to govern the opening of drawbridges for the passage of vessels and other water crafts, and such rules and regulations, when so made and published, shall have the force of law, and any willful violation thereof shall be punished as hereinbefore provided: Provided further, That any regulations made in pursuance of this section may be enforced as provided in section 413 of this title, the provisions whereof are made applicable to the said regulations. Any rules and regulations made in pursuance of this section shall, to the extent practical and feasible, provide for regularly scheduled openings of drawbridges during seasons of the year, and during times of the day, when scheduled openings would help reduce motor vehicle traffic delays and congestion on roads and highways linked by drawbridges. (b) Nonstructural vessel appurtenances; unreasonable delays No vessel owner or operator shall signal a drawbridge to open for any nonstructural vessel appurtenance which is not essential to navigation or which is easily lowered and no person shall unreasonably delay the opening of a draw after the signal required by rules or regulations under this section has been given. The Secretary of the department in which the Coast Guard is operating shall issue rules and regulations to implement this subsection. (c) Civil penalties for violation; notice and hearing; assessment, collection, and remission; civil actions Whoever violates any rule or regulation issued under subsection (a) or (b), shall be liable to a civil penalty of not more than $5,000 for a violation occurring in 2004; $10,000 for a violation occurring in 2005; $15,000 for a violation occurring in 2006; $20,000 for a violation occurring in 2007; and $25,000 for a violation occurring in 2008 and any year thereafter. No penalty may be assessed under this subsection until the person charged is given notice and an opportunity for a hearing on the charge. The Secretary of the department in which the Coast Guard is operating may assess and collect any civil penalty incurred under this subsection and, in his discretion, may remit, mitigate, or compromise any penalty until the matter is referred to the Attorney General. If a person against whom a civil penalty is assessed under this subsection fails to pay that penalty, an action may be commenced in the district court of the ...3 other bills also change this section · Follow it → Official text at uscode.house.gov ↗
Oil pollution · 33 U.S.C. ch. 40 1 section
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§ 2712 Uses of Fund Amends
33 U.S.C. § 2712
The law today
(a) Uses generally The Fund shall be available to the President for— (1) the payment of removal costs, including the costs of monitoring removal actions, determined by the President to be consistent with the National Contingency Plan— (A) by Federal authorities; or (B) by a State, a political subdivision of a State, or an Indian tribe, pursuant to a cost-reimbursable agreement under subsection (d); (2) the payment of costs incurred by Federal, State, or Indian tribe trustees in carrying out their functions under section 2706 of this title for assessing natural resource damages and for developing and implementing plans for the restoration, rehabilitation, replacement, or acquisition of the equivalent of damaged resources determined by the President to be consistent with the National Contingency Plan; (3) the payment of removal costs determined by the President to be consistent with the National Contingency Plan as a result of, and damages resulting from, a discharge, or a substantial threat of a discharge, of oil from a foreign offshore unit; (4) the payment of claims in accordance with section 2713 of this title for uncompensated removal costs determined by the President to be consistent with the National Contingency Plan or uncompensated damages, including, in the case of a spill of national significance that results in extraordinary Coast Guard claims processing activities, the administrative and personnel costs of the Coast Guard to process such claims (including the costs of commercial claims processing, expert services, training, and technical services), subject to the condition that the Coast Guard shall submit to Congress a report describing each spill of national significance not later than 30 days after the date on which the Coast Guard determines it necessary to process such claims; and (5) the payment of Federal administrative, operational, and personnel costs and expenses reasonably necessary for and incidental to the implementation, administration, and enforcement of this Act (including, but not limited to, sections 1004(d)(2), 1006(e), 4107, 4110, 4111, 4112, 4117, 5006, 8103, and title VII) and subsections (b), (c), (d), (j), and (l) of section 1321 of this title with respect to prevention, removal, and enforcement related to oil discharges, provided that— (A) not more than $25,000,000 in each fiscal year shall be available to the Secretary for operations and support incurred by the Coast Guard; (B) not more than $15,000,000 in each fiscal year shall be available to the Under Secretary of Commerce for Oceans and Atmosphere for expenses incurred by, and activities related to, response and damage assessment capabilities of the National Oceanic and Atmospheric Administration; (C) not more than $30,000,000 each year through the end of fiscal year 1992 shall be available to establish the National Response System under section 1321(j) of this title, including the purchase and prepositioning of oil spill removal equipment; and (D) not more than $27,250,000 in each fiscal year shall be available to carry out subchapter IV of this chapter. (b) Defense to liability for Fund (1) In general The Fund shall not be available to pay any claim for removal costs or damages to a particular claimant, to the extent that the incident, removal costs, or damages are caused by the gross negligence or willful misconduct of that claimant. (2) Subrogated rights Except for a guarantor claim pursuant to a defense under section 2716(e)(1) of this title, Fund compensation of any claim by an insurer or other indemnifier of a responsible party or injured third party is subject to the subrogated rights of that responsible party or injured third party to such compensation. (c) Obligation of Fund by Federal officials The President may promulgate regulations designating one or more Federal officials who may obligate money in accordance with subsection (a). (d) Cost-reimbursable agreement (1) In general In carrying out section 1321(c) of this titl...17 other bills also change this section · Follow it → Official text at uscode.house.gov ↗
Public health service · 42 U.S.C. ch. 6A 1 section
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§ 300hh Public health and medical preparedness and response functions Amends
42 U.S.C. § 300hh — at 300hh(a)
The law today
(a) In general The Secretary of Health and Human Services shall lead all Federal public health and medical response to public health emergencies and incidents covered by the National Response Plan developed pursuant to section 314(6) 1 of title 6, or any successor plan. (b) Interagency agreement The Secretary, in collaboration with the Secretary of Veterans Affairs, the Secretary of Transportation, the Secretary of Defense, the Secretary of Homeland Security, and the head of any other relevant Federal agency, shall establish an interagency agreement, consistent with the National Response Plan or any successor plan, under which agreement the Secretary of Health and Human Services shall assume operational control of emergency public health and medical response assets, as necessary, in the event of a public health emergency, except that members of the armed forces under the authority of the Secretary of Defense shall remain under the command and control of the Secretary of Defense, as shall any associated assets of the Department of Defense. (c) Coordination with Federal agencies In leading the Federal public health and medical response to a declared or potential public health emergency, consistent with this section, the Secretary shall coordinate with, and may request support from, other Federal departments and agencies, as appropriate in order to carry out necessary activities and leverage the expertise of such departments and agencies, which may include the provision of assistance at the direction of the Secretary related to supporting the public health and medical response for States, localities, and Tribes. (d) Annual report on emergency response and preparedness The Secretary shall submit a written report each fiscal year to the Committee on Health, Education, Labor, and Pensions and the Committee on Appropriations of the Senate and the Committee on Energy and Commerce and the Committee on Appropriations of the House of Representatives, containing— (1) updated information related to an assessment of the response to any public health emergency declared, or otherwise in effect, during the previous fiscal year; (2) findings related to drills and operational exercises completed in the previous fiscal year pursuant to section 300hh–10(b)(4)(G) of this title; (3) the state of public health preparedness and response capabilities for chemical, biological, radiological, and nuclear threats, including emerging infectious diseases; and (4) any challenges in preparing for or responding to such threats, as appropriate.13 other bills also change this section · Follow it → Official text at uscode.house.gov ↗
Disaster relief · 42 U.S.C. ch. 68 3 sections Amends the act as a whole
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§ 5133 Predisaster hazard mitigation Amends
42 U.S.C. § 5133
The law today
(a) Definition of small impoverished community In this section, the term “small impoverished community” means a community of 3,000 or fewer individuals that is economically disadvantaged, as determined by the State in which the community is located and based on criteria established by the President. (b) Establishment of program The President may establish a program to provide technical and financial assistance to States and local governments to assist in the implementation of predisaster hazard mitigation measures that are cost-effective and are designed to reduce injuries, loss of life, and damage and destruction of property, including damage to critical services and facilities under the jurisdiction of the States or local governments. (c) Approval by President If the President determines that a State or local government has identified natural disaster hazards in areas under its jurisdiction and has demonstrated the ability to form effective public-private natural disaster hazard mitigation partnerships, the President, using amounts in the National Public Infrastructure Predisaster Mitigation Fund established under subsection (i) (referred to in this section as the “Fund”), may provide technical and financial assistance to the State or local government to be used in accordance with subsection (e). (d) State recommendations (1) In general (A) Recommendations The Governor of each State may recommend to the President not fewer than five local governments to receive assistance under this section. (B) Deadline for submission The recommendations under subparagraph (A) shall be submitted to the President not later than October 1, 2001, and each October 1st thereafter or such later date in the year as the President may establish. (C) Criteria In making recommendations under subparagraph (A), a Governor shall consider the criteria specified in subsection (g). (2) Use (A) In general Except as provided in subparagraph (B), in providing assistance to local governments under this section, the President shall select from local governments recommended by the Governors under this subsection. (B) Extraordinary circumstances In providing assistance to local governments under this section, the President may select a local government that has not been recommended by a Governor under this subsection if the President determines that extraordinary circumstances justify the selection and that making the selection will further the purpose of this section. (3) Effect of failure to nominate If a Governor of a State fails to submit recommendations under this subsection in a timely manner, the President may select, subject to the criteria specified in subsection (g), any local governments of the State to receive assistance under this section. (e) Uses of technical and financial assistance (1) In general Technical and financial assistance provided under this section— (A) shall be used by States and local governments principally to implement predisaster hazard mitigation measures that are cost-effective and are described in proposals approved by the President under this section; and (B) may be used— (i) to support effective public-private natural disaster hazard mitigation partnerships; (ii) to improve the assessment of a community’s vulnerability to natural hazards; (iii) to establish hazard mitigation priorities, and an appropriate hazard mitigation plan, for a community; or (iv) to establish and carry out enforcement activities and implement the latest published editions of relevant consensus-based codes, specifications, and standards that incorporate the latest hazard-resistant designs and establish minimum acceptable criteria for the design, construction, and maintenance of residential structures and facilities that may be eligible for assistance under this chapter for the purpose of protecting the health, safety, and general welfare of the buildings’ users against disasters. (2) Dissemination A State or local government may use not more than 10 pe...34 other bills also change this section · Follow it → Official text at uscode.house.gov ↗
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§ 5149 Performance of services Amends
42 U.S.C. § 5149
The law today
(a) Utilization of services or facilities of State and local governments In carrying out the purposes of this chapter, any Federal agency is authorized to accept and utilize the services or facilities of any State or local government, or of any agency, office, or employee thereof, with the consent of such government. (b) Appointment of temporary personnel, experts, and consultants; acquisition, rental, or hire of equipment, services, materials and supplies In performing any services under this chapter, any Federal agency is authorized— (1) to appoint and fix the compensation of such temporary personnel as may be necessary, without regard to the provisions of title 5 governing appointments in competitive service; (2) to employ experts and consultants in accordance with the provisions of section 3109 of such title, without regard to the provisions of chapter 51 and subchapter III of chapter 53 of such title relating to classification and General Schedule pay rates; and (3) to incur obligations on behalf of the United States by contract or otherwise for the acquisition, rental, or hire of equipment, services, materials, and supplies for shipping, drayage, travel, and communications, and for the supervision and administration of such activities. Such obligations, including obligations arising out of the temporary employment of additional personnel, may be incurred by an agency in such amount as may be made available to it by the President. (c) Appointment of temporary personnel in the Federal Emergency Management Agency The Administrator of the Federal Emergency Management Agency is authorized to appoint temporary personnel, after serving continuously for 3 years, to positions in the Federal Emergency Management Agency in the same manner that competitive service employees with competitive status are considered for transfer, reassignment, or promotion to such positions. An individual appointed under this subsection shall become a career-conditional employee, unless the employee has already completed the service requirements for career tenure. (d) Personnel performing service responding to disasters and emergencies (1) USERRA employment and reemployment rights The protections, rights, benefits, and obligations provided under chapter 43 of title 38 shall apply to intermittent personnel appointed pursuant to subsection (b)(1) to perform service to the Federal Emergency Management Agency under sections 5170 and 5191 of this title or to train for such service. (2) Notice of absence from position of employment Preclusion of giving notice of service by necessity of service under subsection (b)(1) to perform service to the Federal Emergency Management Agency under sections 5170 and 5191 of this title or to train for such service shall be considered preclusion by “military necessity” for purposes of section 4312(b) of title 38 pertaining to giving notice of absence from a position of employment. A determination of such necessity shall be made by the Administrator and shall not be subject to review in any judicial or administrative proceeding.7 other bills also change this section · Follow it → Official text at uscode.house.gov ↗
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§ 5165b Management costs Amends
42 U.S.C. § 5165b
The law today
(a) Definition of management cost In this section, the term “management cost” includes any indirect cost, any direct administrative cost, and any other administrative expense associated with a specific project under a major disaster, emergency, or disaster preparedness or mitigation activity or measure. (b) Establishment of management cost rates (1) In general Notwithstanding any other provision of law (including any administrative rule or guidance), the President shall by regulation implement management cost rates, for grantees and subgrantees, that shall be used to determine contributions under this chapter for management costs. (2) Specific management costs The Administrator of the Federal Emergency Management Agency shall provide the following percentage rates, in addition to the eligible project costs, to cover direct and indirect costs of administering the following programs: (A) Hazard mitigation A grantee under section 5170c of this title may be reimbursed not more than 15 percent of the total amount of the grant award under such section of which not more than 10 percent may be used by the grantee and 5 percent by the subgrantee for such costs. (B) Public assistance A grantee under sections 5170b, 5172, 5173, and 5192 of this title may be reimbursed not more than 12 percent of the total award amount under such sections, of which not more than 7 percent may be used by the grantee and 5 percent by the subgrantee for such costs. (c) Review The President shall review the management cost rates established under subsection (b) not later than 3 years after the date of establishment of the rates and periodically thereafter.16 other bills also change this section · Follow it → Official text at uscode.house.gov ↗
Uninspected vessels generally · 46 U.S.C. ch. 41 1 section
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§ 4105 Uninspected passenger vessels Amends
46 U.S.C. § 4105
The law today
(a) Chapter 43 of this title applies to an uninspected passenger vessel. (b) (1) In applying this title with respect to an uninspected vessel of less than 24 meters overall in length that carries passengers to or from a port in the United States Virgin Islands, the Secretary shall substitute “12 passengers” for “6 passengers” each place it appears in section 2101 if the Secretary determines that the vessel complies with, as applicable to the vessel— (A) the Code of Practice for the Safety of Small Commercial Motor Vessels (commonly referred to as the “Yellow Code”), as published by the U.K. Maritime and Coastguard Agency and in effect on January 1, 2014; or (B) the Code of Practice for the Safety of Small Commercial Sailing Vessels (commonly referred to as the “Blue Code”), as published by such agency and in effect on such date. (2) If the Secretary establishes standards to carry out this subsection— (A) such standards shall be identical to those established in the Codes of Practice referred to in paragraph (1); and (B) on any dates before the date on which such standards are in effect, the Codes of Practice referred to in paragraph (1) shall apply with respect to the vessels referred to in paragraph (1). (c) In applying this title with respect to an uninspected vessel of less than 25 feet overall in length that carries passengers on Crane Lake or waters contiguous to such lake in St. Louis County, Minnesota, the Secretary shall substitute “12 passengers” for “6 passengers” each place it appears in section 2101. (d) The Secretary shall, by regulation, require certain additional equipment which may include liferafts or other lifesaving equipment, construction standards, or specify additional operating standards for those uninspected passenger vessels defined in section 2101(55)(A) of this title.7 other bills also change this section · Follow it → Official text at uscode.house.gov ↗
Uninspected commercial fishing industry vessels · 46 U.S.C. ch. 45 2 sections
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§ 4502 Safety standards Amends
46 U.S.C. § 4502 — at 4502(b)
The law today
(a) The Secretary shall prescribe regulations which require that each vessel to which this chapter applies shall be equipped with— (1) readily accessible fire extinguishers capable of promptly and effectively extinguishing a flammable or combustible liquid fuel fire; (2) at least one readily accessible life preserver or other lifesaving device for each individual on board; (3) an efficient flame arrestor, backfire trap, or other similar device on the carburetors of each inboard engine which uses gasoline as fuel; (4) the means to properly and efficiently ventilate enclosed spaces, including engine and fuel tank compartments, so as to remove explosive or flammable gases; (5) visual distress signals; (6) other equipment required to minimize the risk of injury to the crew during vessel operations, if the Secretary determines that a risk of serious injury exists that can be eliminated or mitigated by that equipment; and (7) a placard as required by regulations prescribed under section 10603(b) of this title. (b) (1) In addition to the requirements of subsection (a) of this section, the Secretary shall prescribe regulations requiring the installation, maintenance, and use of the equipment in paragraph (2) of this subsection for vessels to which this chapter applies that— (A) operate beyond 3 nautical miles from the baseline from which the territorial sea of the United States is measured or beyond 3 nautical miles from the coastline of the Great Lakes; (B) operate with more than 16 individuals on board; or (C) in the case of a fish tender vessel, engage in the Aleutian trade. (2) The equipment to be required is as follows: (A) alerting and locating equipment, including emergency position indicating radio beacons; (B) subject to paragraph (3), a survival craft that ensures that no part of an individual is immersed in water sufficient to accommodate all individuals on board; (C) at least one readily accessible immersion suit for each individual on board that vessel when operating on the waters described in section 3102 of this title; (D) marine radio communications equipment sufficient to effectively communicate with land-based search and rescue facilities; (E) navigation equipment, including compasses, nautical charts, and publications; (F) first aid equipment and medical supplies sufficient for the size and area of operation of the vessel; and (G) ground tackle sufficient for the vessel. (3) Except for a nonapplicable vessel, an auxiliary craft shall satisfy the equipment requirement under paragraph (2)(B) if such craft is— (A) necessary for normal fishing operations; (B) readily accessible during an emergency; and (C) capable, in accordance with the Coast Guard capacity rating, when applicable, of safely holding all individuals on board the vessel to which the craft functions as an auxiliary. (c) (1) In addition to the requirements described in subsections (a) and (b) of this section, the Secretary may prescribe regulations establishing the standards in paragraph (2) of this subsection for vessels to which this chapter applies that— (A) (i) were built after December 31, 1988, or undergo a major conversion completed after that date; and (ii) operate with more than 16 individuals on board; or (B) in the case of a fish tender vessel, engage in the Aleutian trade. (2) The standards shall be minimum safety standards, including standards relating to— (A) navigation equipment, including radars and fathometers; (B) lifesaving equipment, immersion suits, signaling devices, bilge pumps, bilge alarms, life rails, and grab rails; (C) fire protection and firefighting equipment, including fire alarms and portable and semiportable fire extinguishing equipment; (D) use and installation of insulation material; (E) storage methods for flammable or combustible material; and (F) fuel, ventilation, and electrical systems. (d) (1) The Secretary shall prescribe regulations for the operating stability of a vessel to which this chapter applies— (A) that...21 other bills also change this section · Follow it → Official text at uscode.house.gov ↗
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§ 4503 Fishing, fish tender, and fish processing vessel certification Amends
46 U.S.C. § 4503 — at 4503(d)
The law today
(a) A vessel to which this subsection applies may not be operated unless the vessel— (1) meets all survey and classification requirements prescribed by the American Bureau of Shipping or another similarly qualified organization approved by the Secretary; and (2) has on board a certificate issued by the American Bureau of Shipping or that other organization evidencing compliance with this subsection. (b) Subsection (a) applies to a fish processing vessel to which this chapter applies that— (1) is built after July 27, 1990; or (2) undergoes a major conversion completed after that date. (c) (1) Except as provided in paragraph (2), subsection (a) applies to a vessel to which section 4502(b) of this title applies that is at least 50 feet overall in length and is built after July 1, 2013. (2) Subsection (a) does not apply to a fishing vessel or fish tender vessel to which section 4502(b) of this title applies, if the vessel— (A) is at least 50 feet overall in length, and not more than 180 feet overall in length as listed on the vessel’s certificate of documentation or certificate of number; and (B) (i) is built after the date of the enactment of the Coast Guard Authorization Act of 2016; and (ii) complies with— (I) the requirements described in subsection (d); or (II) the alternative requirements established by the Secretary under subsection (e). (d) The requirements referred to in subsection (c)(2)(B)(ii)(I) are the following: (1) The vessel is designed by an individual licensed by a State as a naval architect or marine engineer, and the design incorporates standards equivalent to those prescribed by a classification society to which the Secretary has delegated authority under section 3316 or another qualified organization approved by the Secretary for purposes of this paragraph. (2) Construction of the vessel is overseen and certified as being in accordance with its design by a marine surveyor of an organization accepted by the Secretary. (3) The vessel— (A) completes a stability test performed by a qualified individual; (B) has written stability and loading instructions from a qualified individual that are provided to the owner or operator; and (C) has an assigned loading mark. (4) The vessel is not substantially altered without the review and approval of an individual licensed by a State as a naval architect or marine engineer before the beginning of such substantial alteration. (5) The vessel undergoes a condition survey at least twice in 5 years, not to exceed 3 years between surveys, to the satisfaction of a marine surveyor of an organization accepted by the Secretary. (6) The vessel undergoes an out-of-water survey at least once every 5 years to the satisfaction of a certified marine surveyor of an organization accepted by the Secretary. (7) Once every 5 years and at the time of a substantial alteration to such vessel, compliance of the vessel with the requirements of paragraph (3) is reviewed and updated as necessary. (8) For the life of the vessel, the owner of the vessel maintains records to demonstrate compliance with this subsection and makes such records readily available for inspection by an official authorized to enforce this chapter. (e) (1) Not later than 10 years after the date of the enactment of the Coast Guard Authorization Act of 2016, the Secretary shall submit to the Committee on Transportation and Infrastructure of the House of Representatives and the Committee on Commerce, Science, and Transportation of the Senate a report that provides an analysis of the adequacy of the requirements under subsection (d) in maintaining the safety of the fishing vessels and fish tender vessels which are described in subsection (c)(2) and which comply with the requirements of subsection (d). (2) If the report required under this subsection includes a determination that the safety requirements under subsection (d) are not adequate or that additional safety measures are necessary, then the Secretary may establish an alterna...3 other bills also change this section · Follow it → Official text at uscode.house.gov ↗
Official logbooks · 46 U.S.C. ch. 113 1 section
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§ 11304 Additional logbook and entry requirements Amends
46 U.S.C. § 11304
The law today
(a) A vessel of the United States that is subject to inspection under section 3301 of this title, except a vessel on a voyage from a port in the United States to a port in Canada, shall have a logbook, which may be in any form, including electronic, and shall be kept available for review by the Secretary on request. (b) The logbook required by subsection (a) shall include the following entries: (1) The time when each seaman and each officer assumed or relieved the watch. (2) The number of hours in service to the vessels of each seaman and each officer. (3) Each illness of, and injury to, a seaman of the vessel, the nature of the illness or injury, and the medical treatment provided for the injury or illness.3 other bills also change this section · Follow it → Official text at uscode.house.gov ↗
Documentation of vessels · 46 U.S.C. ch. 121 1 section
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§ 12114 Recreational endorsement Amends
46 U.S.C. § 12114
The law today
(a) Requirements.— A recreational endorsement may be issued for a vessel that satisfies the requirements of section 12103 of this title. (b) Authorized Activity.— A vessel operating under a recreational endorsement may be operated only for pleasure. (c) Application of Customs Laws.— A vessel for which a recreational endorsement is issued may proceed between a port of the United States and a port of a foreign country without entering or clearing with the Secretary of Homeland Security. However, a recreational vessel is subject to the requirements for reporting arrivals under section 433 of the Tariff Act of 1930 (19 U.S.C. 1433), and individuals on the vessel are subject to applicable customs regulations.2 other bills also change this section · Follow it → Official text at uscode.house.gov ↗
Numbering undocumented vessels · 46 U.S.C. ch. 123 1 section
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§ 12301 Numbering vessels Amends
46 U.S.C. § 12301 — at 12301(b)
The law today
(a) An undocumented vessel equipped with propulsion machinery of any kind shall have a number issued by the proper issuing authority in the State in which the vessel principally is operated. (b) The Secretary may require an undocumented barge of more than 100 gross tons operating on the navigable waters of the United States to be numbered.2 other bills also change this section · Follow it → Official text at uscode.house.gov ↗
Port security · 46 U.S.C. ch. 701 5 sections
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§ 70103 Maritime transportation security plans Amends
46 U.S.C. § 70103 — at 70103(c)(4)
The law today
(a) National Maritime Transportation Security Plan.— (1) The Secretary shall prepare a National Maritime Transportation Security Plan for deterring and responding to a transportation security incident. (2) The National Maritime Transportation Security Plan shall provide for efficient, coordinated, and effective action to deter and minimize damage from a transportation security incident, and shall include the following: (A) Assignment of duties and responsibilities among Federal departments and agencies and coordination with State and local governmental agencies. (B) Identification of security resources. (C) Procedures and techniques to be employed in deterring a national transportation security incident. (D) Establishment of procedures for the coordination of activities of— (i) Coast Guard maritime security teams established under this chapter; and (ii) Federal Maritime Security Coordinators required under this chapter. (E) A system of surveillance and notice designed to safeguard against as well as ensure earliest possible notice of a transportation security incident and imminent threats of such a security incident to the appropriate State and Federal agencies. (F) Establishment of criteria and procedures to ensure immediate and effective Federal identification of a transportation security incident, or the substantial threat of such a security incident. (G) Designation of— (i) areas for which Area Maritime Transportation Security Plans are required to be prepared under subsection (b); and (ii) a Coast Guard official who shall be the Federal Maritime Security Coordinator for each such area. (H) A risk-based system for evaluating the potential for violations of security zones designated by the Secretary on the waters subject to the jurisdiction of the United States. (I) A recognition of certified systems of intermodal transportation. (J) A plan for ensuring that the flow of cargo through United States ports is reestablished as efficiently and quickly as possible after a transportation security incident. (K) A plan to detect, respond to, and recover from cybersecurity risks that may cause transportation security incidents. (3) The Secretary shall, as the Secretary considers advisable, revise or otherwise amend the National Maritime Transportation Security Plan. (4) Actions by Federal agencies to deter and minimize damage from a transportation security incident shall, to the greatest extent possible, be in accordance with the National Maritime Transportation Security Plan. (5) The Secretary shall inform vessel and facility owners or operators of the provisions in the National Transportation Security Plan that the Secretary considers necessary for security purposes. (b) Area Maritime Transportation Security Plans.— (1) The Federal Maritime Security Coordinator designated under subsection (a)(2)(G) for an area shall— (A) submit to the Secretary an Area Maritime Transportation Security Plan for the area; and (B) solicit advice from the Area Security Advisory Committee required under this chapter, for the area to assure preplanning of joint deterrence efforts, including appropriate procedures for deterrence of a transportation security incident. (2) The Area Maritime Transportation Security Plan for an area shall— (A) when implemented in conjunction with the National Maritime Transportation Security Plan, be adequate to deter a transportation security incident in or near the area to the maximum extent practicable; (B) describe the area and infrastructure covered by the plan, including the areas of population or special economic, environmental, or national security importance that might be damaged by a transportation security incident; (C) describe in detail how the plan is integrated with other Area Maritime Transportation Security Plans, and with facility security plans and vessel security plans under this section; (D) include consultation and coordination with the Department of Defense on matters relating to Department of Defens...8 other bills also change this section · Follow it → Official text at uscode.house.gov ↗
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§ 70105 Transportation worker identification credentials Amends
46 U.S.C. § 70105
The law today
(a) Prohibition.— (1) The Secretary shall prescribe regulations to prevent an individual from entering an area of a vessel or facility that is designated as a secure area by the Secretary for purposes of a security plan for the vessel or facility that is approved by the Secretary under section 70103 of this title unless the individual— (A) holds a transportation worker identification credential issued under this section and is authorized to be in the area in accordance with the plan; or (B) is accompanied by another individual who holds a transportation worker identification credential issued under this section and is authorized to be in the area in accordance with the plan. (2) A person shall not admit an individual into such a secure area unless the entry of the individual into the area is in compliance with paragraph (1). (b) Issuance of Credentials.— (1) The Secretary shall issue a biometric transportation worker identification credential to an individual specified in paragraph (2), unless the Secretary determines under subsection (c) that the individual poses a security risk warranting denial of the credential. (2) This subsection applies to— (A) an individual allowed unescorted access to a secure area designated in a vessel or facility security plan approved under section 70103 of this title; (B) an individual issued a license, certificate of registry, or merchant mariners document under part E of subtitle II of this title allowed unescorted access to a secure area designated in a vessel security plan approved under section 70103 of this title; (C) a vessel pilot; (D) an individual engaged on a towing vessel that pushes, pulls, or hauls alongside a tank vessel allowed unescorted access to a secure area designated in a vessel security plan approved under section 70103 of this title; (E) an individual with access to security sensitive information as determined by the Secretary; (F) other individuals engaged in port security activities as determined by the Secretary; (G) a member of the Armed Forces who— (i) is undergoing separation, discharge, or release from the Armed Forces under honorable conditions; (ii) applies for a transportation worker identification credential; and (iii) is otherwise eligible for such a credential; and (H) other individuals as determined appropriate by the Secretary including individuals employed at a port not otherwise covered by this subsection. (3) The Secretary may extend for up to one year the expiration of a biometric transportation worker identification credential required by this section to align the expiration with the expiration of a license, certificate of registry, or merchant mariner document required under chapter 71 or 73. (c) Determination of Terrorism Security Risk.— (1) Disqualifications.— (A) Permanent disqualifying criminal offenses.— Except as provided under paragraph (2), an individual is permanently disqualified from being issued a biometric transportation worker identification credential under subsection (b) if the individual has been convicted, or found not guilty by reason of insanity, in a civilian or military jurisdiction of any of the following felonies: (i) Espionage or conspiracy to commit espionage. (ii) Sedition or conspiracy to commit sedition. (iii) Treason or conspiracy to commit treason. (iv) A Federal crime of terrorism (as defined in section 2332b(g) of title 18), a crime under a comparable State law, or conspiracy to commit such crime. (v) A crime involving a transportation security incident. (vi) Improper transportation of a hazardous material in violation of section 5104(b) of title 49, or a comparable State law. (vii) Unlawful possession, use, sale, distribution, manufacture, purchase, receipt, transfer, shipment, transportation, delivery, import, export, or storage of, or dealing in, an explosive or explosive device. In this clause, an explosive or explosive device includes— (I) an explosive (as defined in sections 232(5) and 844(j) of title 18); (II)...6 other bills also change this section · Follow it → Official text at uscode.house.gov ↗
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§ 70107 Grants Amends
46 U.S.C. § 70107
The law today
(a) In General.— The Secretary shall establish a grant program for the allocation of funds based on risk to implement Area Maritime Transportation Security Plans and facility security plans among port authorities, facility operators, and State and local government agencies required to provide port security services and to train public safety personnel under section 70132 of this title. Before awarding a grant under the program, the Secretary shall provide for review and comment by the appropriate Federal Maritime Security Coordinators and the Maritime Administrator. In administering the grant program, the Secretary shall take into account national economic, energy, and strategic defense concerns based upon the most current risk assessments available. (b) Eligible Costs.— The following costs of funding the correction of Coast Guard identified vulnerabilities in port security and ensuring compliance with Area Maritime Transportation Security Plans and facility security plans are eligible to be funded: (1) Salary, benefits, overtime compensation, retirement contributions, and other costs of additional Coast Guard mandated security personnel. (2) The cost of acquisition, operation, and maintenance of security equipment or facilities to be used for security monitoring and recording, security gates and fencing, marine barriers for designated security zones, security-related lighting systems, remote surveillance, concealed video systems, security vessels, and other security-related infrastructure or equipment that contributes to the overall security of passengers, cargo, or crewmembers. Grants awarded under this section may not be used to construct buildings or other physical facilities, except those which are constructed under terms and conditions consistent with the requirements under section 611(j)(8) of the Robert T. Stafford Disaster Relief and Emergency Assistance Act (42 U.S.C. 5196(j)(8)), including those facilities in support of this paragraph, and specifically approved by the Secretary. Costs eligible for funding under this paragraph may not exceed the greater of— (A) $1,000,000 per project; or (B) such greater amount as may be approved by the Secretary, which may not exceed 10 percent of the total amount of the grant. (3) The cost of screening equipment, including equipment that detects weapons of mass destruction and conventional explosives, and of testing and evaluating such equipment, to certify secure systems of transportation. (4) The cost of conducting vulnerability assessments to evaluate and make recommendations with respect to security. (5) The cost of conducting exercises or training for prevention and detection of, preparedness for, response to, or recovery from terrorist attacks. (6) The cost of establishing or enhancing mechanisms for sharing terrorism threat information and ensuring that the mechanisms are interoperable with Federal, State, and local agencies. (7) The cost of equipment (including software) required to receive, transmit, handle, and store classified information. (8) The cost of training public safety personnel— (A) to enforce a security zone under section 70132 of this title; or (B) assist in the enforcement of a security zone. (c) Matching Requirements.— (1) 75-percent federal funding.— Except as provided in paragraph (2), Federal funds for any eligible project under this section shall not exceed 75 percent of the total cost of such project. (2) Exceptions.— (A) Small projects.— There are no matching requirements for grants under subsection (a) for projects costing not more than $25,000. (B) Higher level of support required.— If the Secretary determines that a proposed project merits support and cannot be undertaken without a higher rate of Federal support, then the Secretary may approve grants under this section with a matching requirement other than that specified in paragraph (1). (C) Training.— There are no matching requirements for grants under subsection (a) to train public safety pe...5 other bills also change this section · Follow it → Official text at uscode.house.gov ↗
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§ 70112 Maritime Security Advisory Committees Amends
46 U.S.C. § 70112 — at 70112(a)(2)
The law today
(a) National Maritime Security Advisory Committee.— (1) Establishment.— There is established a National Maritime Security Advisory Committee (in this subsection referred to as the “Committee”). (2) Function.— The Committee shall advise the Secretary on matters relating to national maritime security, including on enhancing the sharing of information related to cybersecurity risks that may cause a transportation security incident, between relevant Federal agencies and— (A) State, local, and tribal governments; (B) relevant public safety and emergency response agencies; (C) relevant law enforcement and security organizations; (D) maritime industry; (E) port owners and operators; and (F) terminal owners and operators. (3) Membership.— (A) In general.— The Committee shall consist of at least 8 members, but not more than 21 members, appointed by the Secretary in accordance with this subsection and section 15109 of this title. (B) Expertise.— Each member of the Committee shall have particular expertise, knowledge, and experience in matters relating to the function of the Committee. (C) Representation.— Each of the following shall be represented by at least 1 member of the Committee: (i) Port authorities. (ii) Facilities owners and operators. (iii) Terminal owners and operators. (iv) Vessel owners and operators. (v) Maritime labor organizations. (vi) The academic community. (vii) State and local governments. (viii) The maritime industry. (D) Distribution.— If the Committee consists of at least 8 members who, together, satisfy the minimum representation requirements of subparagraph (C), the Secretary shall, based on the needs of the Coast Guard, determine the number of additional members of the Committee who represent each entity specified in that subparagraph. Neither this subparagraph nor any other provision of law shall be construed to require an equal distribution of members representing each entity specified in subparagraph (C). (4) Administration.— For purposes of section 15109 of this title, the Committee shall be treated as a committee established under chapter 151 of such title. (b) Area Maritime Security Advisory Committees.— (1) In general.— (A) Establishment.— The Secretary may— (i) establish an Area Maritime Security Advisory Committee for any port area of the United States; and (ii) request such a committee to review the proposed Area Maritime Transportation Security Plan developed under section 70103(b) and make recommendations to the Secretary that the committee considers appropriate. (B) Additional functions and meetings.— A committee established under this subsection for an area— (i) may advise, consult with, report to, and make recommendations to the Secretary on matters relating to maritime security in that area; (ii) may make available to the Congress recommendations that the committee makes to the Secretary; and (iii) shall meet at the call of— (I) the Secretary, who shall call such a meeting at least once during each calendar year; or (II) a majority of the committee. (2) Membership.— (A) In general.— Each committee established under this subsection shall consist of at least 7 members appointed by the Secretary, each of whom has at least 5 years practical experience in maritime security operations. (B) Terms.— The term of each member of a committee established under this subsection shall be for a period of not more than 5 years, specified by the Secretary. (C) Notice.— Before appointing an individual to a position on a committee established under this subsection, the Secretary shall publish a notice in the Federal Register soliciting nominations for membership on the committee. (D) Background examinations.— The Secretary may require an individual to have passed an appropriate security background examination before appointment to a committee established under this subsection. (E) Representation.— Each committee established under this subsection shall be composed of individuals who represent the interests of the...5 other bills also change this section · Follow it → Official text at uscode.house.gov ↗
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§ 70116 Port, harbor, and coastal facility security Amends
46 U.S.C. § 70116
The law today
(a) General Authority.— The Secretary may take actions described in subsection (b) to prevent or respond to an act of terrorism, cyber incidents, transnational organized crime, and foreign state threats against— (1) an individual, vessel, or public or commercial structure, that is— (A) subject to the jurisdiction of the United States; and (B) located within or adjacent to the marine environment; or (2) a vessel of the United States or an individual on board that vessel. (b) Specific Authority.— Under subsection (a), the Secretary may— (1) carry out or require measures, including inspections, port and harbor patrols, the establishment of security and safety zones, and the development of contingency plans and procedures, to prevent or respond to acts of terrorism, cyber incidents, transnational organized crime, and foreign state threats; (2) recruit members of the Regular Coast Guard and the Coast Guard Reserve and train members of the Regular Coast Guard and the Coast Guard Reserve in the techniques of preventing and responding to acts of terrorism, cyber incidents, transnational organized crime, and foreign state threats; and (3) dispatch properly trained and qualified, armed (as needed), Coast Guard personnel on vessels and public or commercial structures on or adjacent to waters subject to United States jurisdiction to deter or respond to acts of terrorism, cyber incidents, transnational organized crime, foreign state threats, or transportation security incidents, as defined in section 70101 of title 46, United States Code. (c) Definitions, Administration, and Enforcement.— This section shall be treated as part of chapter 700 for purposes of sections 70031, 70032, 70033, 70035, and 70036. When preventing or responding to acts of terrorism, cyber incidents, transnational organized crime, or foreign state threats, the Secretary may carry out this section without regard to chapters 5 and 6 of title 5 or Executive Order Nos. 12866 and 13563.11 other bills also change this section · Follow it → Official text at uscode.house.gov ↗
Organization · 49 U.S.C. ch. 1 2 sections
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§ 114 Transportation Security Administration Amends
49 U.S.C. § 114
The law today
(a) In General.— The Transportation Security Administration shall be an administration of the Department of Homeland Security. (b) Leadership.— (1) Head of transportation security administration.— (A) Appointment.— The head of the Administration shall be the Administrator of the Transportation Security Administration (referred to in this section as the “Administrator”). The Administrator shall be appointed by the President, by and with the advice and consent of the Senate. (B) Qualifications.— The Administrator must— (i) be a citizen of the United States; and (ii) have experience in a field directly related to transportation or security. (C) Term.— Effective with respect to any individual appointment by the President, by and with the advice and consent of the Senate, after the date of enactment of the TSA Modernization Act, the term of office of an individual appointed as the Administrator shall be 5 years. The term of office of an individual serving as the Administrator on the date of enactment of the TSA Modernization Act shall be 5 years beginning on the date that the Administrator began serving. (2) Deputy administrator.— (A) Appointment.— There is established in the Transportation Security Administration a Deputy Administrator, who shall assist the Administrator in the management of the Transportation Security Administration. The Deputy Administrator shall be appointed by the President. (B) Vacancy.— The Deputy Administrator shall be Acting Administrator during the absence or incapacity of the Administrator or during a vacancy in the office of Administrator. (C) Qualifications.— The Deputy Administrator must— (i) be a citizen of the United States; and (ii) have experience in a field directly related to transportation or security. (3) Chief counsel.— (A) Appointment.— There is established in the Transportation Security Administration a Chief Counsel, who shall advise the Administrator and other senior officials on all legal matters relating to the responsibilities, functions, and management of the Transportation Security Administration. (B) Qualifications.— The Chief Counsel must be a citizen of the United States. (c) Limitation on Ownership of Stocks and Bonds.— The Administrator may not own stock in or bonds of a transportation or security enterprise or an enterprise that makes equipment that could be used for security purposes. (d) Functions.— The Administrator shall be responsible for security in all modes of transportation, including— (1) carrying out chapter 449, relating to civil aviation security, and related research and development activities; and (2) security responsibilities over other modes of transportation that are exercised by the Department of Transportation. (e) Screening Operations.— The Administrator shall— (1) be responsible for day-to-day Federal security screening operations for passenger air transportation and intrastate air transportation under sections 44901 and 44935; (2) develop standards for the hiring and retention of security screening personnel; (3) train and test security screening personnel; and (4) be responsible for hiring and training personnel to provide security screening at all airports in the United States where screening is required under section 44901, in consultation with the Secretary of Transportation and the heads of other appropriate Federal agencies and departments. (f) Additional Duties and Powers.— In addition to carrying out the functions specified in subsections (d) and (e), the Administrator shall— (1) receive, assess, and distribute intelligence information related to transportation security; (2) assess threats to transportation; (3) develop policies, strategies, and plans for dealing with threats to transportation security; (4) make other plans related to transportation security, including coordinating countermeasures with appropriate departments, agencies, and instrumentalities of the United States Government; (5) serve as the primary liaison for transportation se...18 other bills also change this section · Follow it → Official text at uscode.house.gov ↗
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§ 115 Transportation Security Oversight Board Amends
49 U.S.C. § 115
The law today
(a) In General.— There is established in the Department of Homeland Security a board to be known as the “Transportation Security Oversight Board”. (b) Membership.— (1) Number and appointment.— The Board shall be composed of 7 members as follows: (A) The Secretary of Homeland Security, or the Secretary’s designee. (B) The Secretary of Transportation, or the Secretary’s designee. (C) The Attorney General, or the Attorney General’s designee. (D) The Secretary of Defense, or the Secretary’s designee. (E) The Secretary of the Treasury, or the Secretary’s designee. (F) The Director of National Intelligence, or the Director’s designee. (G) One member appointed by the President to represent the National Security Council. (2) Chairperson.— The Chairperson of the Board shall be the Secretary of Homeland Security. (c) Duties.— The Board shall— (1) review and ratify or disapprove any regulation or security directive issued by the Administrator of the Transportation Security Administration under section 114(l)(2) within 30 days after the date of issuance of such regulation or directive; (2) facilitate the coordination of intelligence, security, and law enforcement activities affecting transportation; (3) facilitate the sharing of intelligence, security, and law enforcement information affecting transportation among Federal agencies and with carriers and other transportation providers as appropriate; (4) explore the technical feasibility of developing a common database of individuals who may pose a threat to transportation or national security; (5) review plans for transportation security; (6) make recommendations to the Administrator regarding matters reviewed under paragraph (5). (d) Quarterly Meetings.— The Board shall meet at least quarterly. (e) Consideration of Security Information.— A majority of the Board may vote to close a meeting of the Board to the public, except that meetings shall be closed to the public whenever classified,1 sensitive security information, or information protected in accordance with section 40119(b),2 will be discussed.
Transportation of hazardous material · 49 U.S.C. ch. 51 1 section
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§ 5103a Limitation on issuance of hazmat licenses Amends
49 U.S.C. § 5103a — at 5103a(a) and 5103a(d)
The law today
(a) Limitation.— (1) Issuance of licenses.— A State may not issue to any individual a license to operate a motor vehicle transporting in commerce a hazardous material unless— (A) “the Secretary of Homeland Security”; 1 has first determined, upon receipt of a notification under subsection (d)(1)(B), that the individual does not pose a security risk warranting denial of the license; or (B) the individual holds a valid transportation security card issued under section 70105 of title 46. (2) Renewals included.— For the purposes of this section, the term “issue”, with respect to a license, includes renewal of the license. (b) Hazardous Materials Described.— The limitation in subsection (a) shall apply with respect to any material defined as hazardous material by the Secretary of Transportation for which the Secretary of Transportation requires placarding of a commercial motor vehicle transporting that material in commerce. (c) Recommendations on Chemical and Biological Materials.— The Secretary of Health and Human Services shall recommend to the Secretary of Transportation any chemical or biological material or agent for regulation as a hazardous material under section 5103(a) if the Secretary of Health and Human Services determines that such material or agent poses a significant risk to the health of individuals. (d) Background Records Check.— (1) In general.— Upon the request of a State regarding issuance of a license under subsection (a)(1)(A) to an individual, the Attorney General— (A) shall carry out a background records check regarding the individual; and (B) upon completing the background records check, shall notify the Secretary of Homeland Security of the completion and results of the background records check. (2) Scope.— A background records check regarding an individual under this subsection shall consist of the following: (A) A check of the relevant criminal history data bases. (B) In the case of an alien, a check of the relevant data bases to determine the status of the alien under the immigration laws of the United States. (C) As appropriate, a check of the relevant international data bases through Interpol–U.S. National Central Bureau or other appropriate means. (e) Reporting Requirement.— Each State shall submit to the Secretary of Homeland Security, at such time and in such manner as the Secretary of Homeland Security may prescribe, the name, address, and such other information as the Secretary of Homeland Security may require, concerning— (1) each alien to whom the State issues a license described in subsection (a); and (2) each other individual to whom such a license is issued, as the Secretary of Homeland Security may require. (f) Alien Defined.— In this section, the term “alien” has the meaning given the term in section 101(a)(3) of the Immigration and Nationality Act. (g) Background Checks for Drivers Hauling Hazardous Materials.— (1) In general.— (A) Employer notification.— Not later than 90 days after the date of enactment of this subsection, the Director of the Transportation Security Administration, after receiving comments from interested parties, shall develop and implement a process for notifying hazmat employers designated by an applicant of the results of the applicant’s background record check, if— (i) such notification is appropriate considering the potential security implications; and (ii) the Director, in a final notification of threat assessment,2 served on the applicant 2 determines that the applicant does not meet the standards set forth in regulations issued to carry out this section. (B) Relationship to other background records checks.— (i) Elimination of redundant checks.— An individual with respect to whom the Transportation Security Administration— (I) has performed a security threat assessment under this section; and (II) has issued a final notification of no security threat, is deemed to have met the requirements of any other background check that is required for purposes of any Fede...1 other bill also changes this section · Follow it → Official text at uscode.house.gov ↗
General provisions · 49 U.S.C. ch. 401 1 section
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§ 40119 Sensitive security information Amends
49 U.S.C. § 40119
The law today
(a) Disclosure.— (1) Regulations prohibiting disclosure.— Notwithstanding the establishment of a Department of Homeland Security, the Secretary of Transportation, in accordance with section 552(b)(3)(B) of title 5, shall prescribe regulations prohibiting disclosure of information obtained or developed in ensuring security under this title if the Secretary of Transportation decides disclosing the information would— (A) be an unwarranted invasion of personal privacy; (B) reveal a trade secret or privileged or confidential commercial or financial information; or (C) be detrimental to transportation safety. (2) Disclosure to congress.— Paragraph (1) shall not be construed to authorize information to be withheld from a committee of Congress authorized to have such information. (3) Rule of construction.— Nothing in paragraph (1) shall be construed to authorize the designation of information as sensitive security information (as such term is defined in section 15.5 of title 49, Code of Federal Regulations) to— (A) conceal a violation of law, inefficiency, or administrative error; (B) prevent embarrassment to a person, organization, or agency; (C) restrain competition; or (D) prevent or delay the release of information that does not require protection in the interest of transportation security, including basic scientific research information not clearly related to transportation security. (4) Law enforcement disclosure.— Section 552a of title 5 shall not apply to disclosures that the Administrator may make from the systems of records of the Federal Aviation Administration to any Federal law enforcement, intelligence, protective service, immigration, or national security official in order to assist the official receiving the information in the performance of official duties. (b) Transfers of Duties and Powers Prohibited.— Except as otherwise provided by law, a duty or power under this section may not be transferred to another department, agency, or instrumentality of the Federal Government.
Security · 49 U.S.C. ch. 449 39 sections
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§ 44901 Screening passengers and property Amends
49 U.S.C. § 44901
The law today
(a) In General.— The Administrator of the Transportation Security Administration shall provide for the screening of all passengers and property, including United States mail, cargo, carry-on and checked baggage, and other articles, that will be carried aboard a passenger aircraft operated by an air carrier or foreign air carrier in air transportation or intrastate air transportation. In the case of flights and flight segments originating in the United States, the screening shall take place before boarding and shall be carried out by a Federal Government employee (as defined in section 2105 of title 5), except as otherwise provided in section 44920 and except for identifying passengers and baggage for screening under the CAPPS and known shipper programs and conducting positive bag-match programs. (b) Supervision of Screening.— All screening of passengers and property at airports in the United States where screening is required under this section shall be supervised by uniformed Federal personnel of the Transportation Security Administration who shall have the power to order the dismissal of any individual performing such screening. (c) Checked Baggage.— A system must be in operation to screen all checked baggage at all airports in the United States as soon as practicable. (d) Explosives Detection Systems.— (1) In general.— The Administrator of the Transportation Security Administration shall take all necessary action to ensure that— (A) explosives detection systems are deployed as soon as possible to ensure that all United States airports described in section 44903(c) have sufficient explosives detection systems to screen all checked baggage, and that as soon as such systems are in place at an airport, all checked baggage at the airport is screened by those systems; and (B) all systems deployed under subparagraph (A) are fully utilized; and (C) if explosives detection equipment at an airport is unavailable, all checked baggage is screened by an alternative means. (2) Preclearance airports.— (A) In general.— For a flight or flight segment originating at an airport outside the United States and traveling to the United States with respect to which checked baggage has been screened in accordance with an aviation security preclearance agreement between the United States and the country in which such airport is located, the Administrator of the Transportation Security Administration may, in coordination with U.S. Customs and Border Protection, determine whether such baggage must be re-screened in the United States by an explosives detection system before such baggage continues on any additional flight or flight segment. (B) Aviation security preclearance agreement defined.— In this paragraph, the term “aviation security preclearance agreement” means an agreement that delineates and implements security standards and protocols that are determined by the Administrator of the Transportation Security Administration, in coordination with U.S. Customs and Border Protection, to be comparable to those of the United States and therefore sufficiently effective to enable passengers to deplane into sterile areas of airports in the United States. (C) Rescreening requirement.— If the Administrator of the Transportation Security Administration determines that the government of a foreign country has not maintained security standards and protocols comparable to those of the United States at airports at which preclearance operations have been established in accordance with this paragraph, the Administrator shall ensure that Transportation Security Administration personnel rescreen passengers arriving from such airports and their property in the United States before such passengers are permitted into sterile areas of airports in the United States. (D) Report.— The Administrator of the Transportation Security Administration shall submit to the Committee on Homeland Security of the House of Representatives, the Committee on Commerce, Science, and Trans...9 other bills also change this section · Follow it → Official text at uscode.house.gov ↗
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§ 44902 Refusal to transport passengers and property Amends
49 U.S.C. § 44902
The law today
(a) Mandatory Refusal.— The Administrator of the Transportation Security Administration shall prescribe regulations requiring an air carrier, intrastate air carrier, or foreign air carrier to refuse to transport— (1) a passenger who does not consent to a search under section 44901(a) of this title establishing whether the passenger is carrying unlawfully a dangerous weapon, explosive, or other destructive substance; or (2) property of a passenger who does not consent to a search of the property establishing whether the property unlawfully contains a dangerous weapon, explosive, or other destructive substance. (b) Permissive Refusal.— Subject to regulations of the Administrator of the Transportation Security Administration, an air carrier, intrastate air carrier, or foreign air carrier may refuse to transport a passenger or property the carrier decides is, or might be, inimical to safety. (c) Agreeing to Consent to Search.— An agreement to carry passengers or property in air transportation or intrastate air transportation by an air carrier, intrastate air carrier, or foreign air carrier is deemed to include an agreement that the passenger or property will not be carried if consent to search the passenger or property for a purpose referred to in this section is not given.1 other bill also changes this section · Follow it → Official text at uscode.house.gov ↗
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§ 44903 Air transportation security Amends
49 U.S.C. § 44903
The law today
(a) Definitions.— In this section: (1) Administrator.— The term “Administrator” means the Administrator of the Transportation Security Administration. (2) Law enforcement personnel.— The term “law enforcement personnel” means individuals— (A) authorized to carry and use firearms; (B) vested with the degree of the police power of arrest the Administrator considers necessary to carry out this section; and (C) identifiable by appropriate indicia of authority. (b) Protection Against Violence and Piracy.— The Administrator shall prescribe regulations to protect passengers and property on an aircraft operating in air transportation or intrastate air transportation against an act of criminal violence or aircraft piracy. When prescribing a regulation under this subsection, the Administrator shall— (1) consult with the Secretary of Transportation, the Attorney General, the heads of other departments, agencies, and instrumentalities of the United States Government, and State and local authorities; (2) consider whether a proposed regulation is consistent with— (A) protecting passengers; and (B) the public interest in promoting air transportation and intrastate air transportation; (3) to the maximum extent practicable, require a uniform procedure for searching and detaining passengers and property to ensure— (A) their safety; and (B) courteous and efficient treatment by an air carrier, an agent or employee of an air carrier, and Government, State, and local law enforcement personnel carrying out this section; and (4) consider the extent to which a proposed regulation will carry out this section. (c) Security Programs.— (1) The Administrator shall prescribe regulations under subsection (b) of this section that require each operator of an airport regularly serving an air carrier holding a certificate issued by the Secretary of Transportation to establish an air transportation security program that provides a law enforcement presence and capability at each of those airports that is adequate to ensure the safety of passengers. The regulations shall authorize the operator to use the services of qualified State, local, and private law enforcement personnel. When the Administrator decides, after being notified by an operator in the form the Administrator prescribes, that not enough qualified State, local, and private law enforcement personnel are available to carry out subsection (b), the Administrator may authorize the operator to use, on a reimbursable basis, personnel employed by the Administrator, or by another department, agency, or instrumentality of the Government with the consent of the head of the department, agency, or instrumentality, to supplement State, local, and private law enforcement personnel. When deciding whether additional personnel are needed, the Administrator shall consider the number of passengers boarded at the airport, the extent of anticipated risk of criminal violence or aircraft piracy at the airport or to the air carrier aircraft operations at the airport, and the availability of qualified State or local law enforcement personnel at the airport. (2) (A) The Administrator may approve a security program of an airport operator, or an amendment in an existing program, that incorporates a security program of an airport tenant (except an air carrier separately complying with part 108 or 129 of title 14, Code of Federal Regulations) having access to a secured area of the airport, if the program or amendment incorporates— (i) the measures the tenant will use, within the tenant’s leased areas or areas designated for the tenant’s exclusive use under an agreement with the airport operator, to carry out the security requirements imposed by the Administrator on the airport operator under the access control system requirements of section 107.14 of title 14, Code of Federal Regulations, or under other requirements of part 107 of title 14; and (ii) the methods the airport operator will use to monitor and audit the tenant’s comp...10 other bills also change this section · Follow it → Official text at uscode.house.gov ↗
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§ 44904 Domestic air transportation system security Amends
49 U.S.C. § 44904
The law today
(a) Assessing Threats.— The Administrator of the Transportation Security Administration and the Director of the Federal Bureau of Investigation jointly shall assess current and potential threats to the domestic air transportation system. The assessment shall include consideration of the extent to which there are individuals with the capability and intent to carry out terrorist or related unlawful acts against that system and the ways in which those individuals might carry out those acts. The Administrator of the Transportation Security Administration and the Director jointly shall decide on and carry out the most effective method for continuous analysis and monitoring of security threats to that system. (b) Assessing Security.— In coordination with the Director, the Administrator of the Transportation Security Administration shall carry out periodic threat and vulnerability assessments on security at each airport that is part of the domestic air transportation system. Each assessment shall include consideration of— (1) the adequacy of security procedures related to the handling and transportation of checked baggage and cargo; (2) space requirements for security personnel and equipment; (3) separation of screened and unscreened passengers, baggage, and cargo; (4) separation of the controlled and uncontrolled areas of airport facilities; and (5) coordination of the activities of security personnel of the Transportation Security Administration, the United States Customs Service, the Immigration and Naturalization Service, and air carriers, and of other law enforcement personnel. (c) Modal Security Plan for Aviation.— In addition to the requirements set forth in subparagraphs (B) through (F) of section 114(s)(3), the modal security plan for aviation prepared under section 114(s) shall— (1) establish a damage mitigation and recovery plan for the aviation system in the event of a terrorist attack; and (2) include a threat matrix document that outlines each threat to the United States civil aviation system and the corresponding layers of security in place to address such threat. (d) Operational Criteria.— The Administrator of the Transportation Security Administration shall issue operational criteria to protect airport infrastructure and operations against the threats identified in the plans prepared under section 114(s)(1) and shall approve best practices guidelines for airport assets. (e) Improving Security.— The Administrator of the Transportation Security Administration shall take necessary actions to improve domestic air transportation security by correcting any deficiencies in that security discovered in the assessments, analyses, and monitoring carried out under this section. -
§ 44905 Information about threats to civil aviation Amends
49 U.S.C. § 44905
The law today
(a) Providing Information.— Under guidelines the Administrator of the Transportation Security Administration prescribes, an air carrier, airport operator, ticket agent, or individual employed by an air carrier, airport operator, or ticket agent, receiving information (except a communication directed by the United States Government) about a threat to civil aviation shall provide the information promptly to the Administrator. (b) Flight Cancellation.— If a decision is made that a particular threat cannot be addressed in a way adequate to ensure, to the extent feasible, the safety of passengers and crew of a particular flight or series of flights, the Administrator of the Transportation Security Administration shall cancel the flight or series of flights. (c) Guidelines on Public Notice.— (1) The President shall develop guidelines for ensuring that public notice is provided in appropriate cases about threats to civil aviation. The guidelines shall identify officials responsible for— (A) deciding, on a case-by-case basis, if public notice of a threat is in the best interest of the United States and the traveling public; (B) ensuring that public notice is provided in a timely and effective way, including the use of a toll-free telephone number; and (C) canceling the departure of a flight or series of flights under subsection (b) of this section. (2) The guidelines shall provide for consideration of— (A) the specificity of the threat; (B) the credibility of intelligence information related to the threat; (C) the ability to counter the threat effectively; (D) the protection of intelligence information sources and methods; (E) cancellation, by an air carrier or the Administrator of the Transportation Security Administration, of a flight or series of flights instead of public notice; (F) the ability of passengers and crew to take steps to reduce the risk to their safety after receiving public notice of a threat; and (G) other factors the Administrator of the Transportation Security Administration considers appropriate. (d) Guidelines on Notice to Crews.— The Administrator of the Transportation Security Administration shall develop guidelines for ensuring that notice in appropriate cases of threats to the security of an air carrier flight is provided to the flight crew and cabin crew of that flight. (e) Limitation on Notice to Selective Travelers.— Notice of a threat to civil aviation may be provided to selective potential travelers only if the threat applies only to those travelers. (f) Restricting Access to Information.— In cooperation with the departments, agencies, and instrumentalities of the Government that collect, receive, and analyze intelligence information related to aviation security, the Administrator of the Transportation Security Administration shall develop procedures to minimize the number of individuals who have access to information about threats. However, a restriction on access to that information may be imposed only if the restriction does not diminish the ability of the Government to carry out its duties and powers related to aviation security effectively, including providing notice to the public and flight and cabin crews under this section. (g) Distribution of Guidelines.— The guidelines developed under this section shall be distributed for use by appropriate officials of the Department of Transportation, the Department of State, the Department of Justice, and air carriers. -
§ 44906 Foreign air carrier security programs Amends
49 U.S.C. § 44906
The law today
The Administrator of the Transportation Security Administration shall continue in effect the requirement of section 129.25 of title 14, Code of Federal Regulations, that a foreign air carrier must adopt and use a security program approved by the Administrator. The Administrator shall not approve a security program of a foreign air carrier under section 129.25, or any successor regulation, unless the security program requires the foreign air carrier in its operations to and from airports in the United States to adhere to the identical security measures that the Administrator requires air carriers serving the same airports to adhere to. The foregoing requirement shall not be interpreted to limit the ability of the Administrator to impose additional security measures on a foreign air carrier or an air carrier when the Administrator determines that a specific threat warrants such additional measures. The Administrator shall prescribe regulations to carry out this section. -
§ 44907 Security standards at foreign airports Amends
49 U.S.C. § 44907 — at 44907(a)(2)
The law today
(a) Assessment.— (1) At intervals the Secretary of Transportation considers necessary, the Secretary shall assess the effectiveness of the security measures maintained at— (A) a foreign airport— (i) served by an air carrier; (ii) from which a foreign air carrier serves the United States; or (iii) that poses a high risk of introducing danger to international air travel; and (B) other foreign airports the Secretary considers appropriate. (2) The Secretary of Transportation shall conduct an assessment under paragraph (1) of this subsection— (A) in consultation with appropriate aeronautic authorities of the government of a foreign country concerned and each air carrier serving the foreign airport for which the Secretary is conducting the assessment; (B) to establish the extent to which a foreign airport effectively maintains and carries out security measures, including the screening and vetting of airport workers; and (C) by using a standard that will result in an analysis of the security measures at the airport based at least on the standards and appropriate recommended practices contained in Annex 17 to the Convention on International Civil Aviation in effect on the date of the assessment. (3) Each report to Congress required under section 44938(b) of this title shall contain a summary of the assessments conducted under this subsection. (b) Consultation.— In carrying out subsection (a) of this section, the Secretary of Transportation shall consult with the Secretary of State— (1) on the terrorist threat that exists in each country; and (2) to establish which foreign airports are not under the de facto control of the government of the foreign country in which they are located and pose a high risk of introducing danger to international air travel. (c) Notifying Foreign Authorities.— When the Secretary of Transportation, after conducting an assessment under subsection (a) of this section, decides that an airport does not maintain and carry out effective security measures, the Secretary of Transportation, after advising the Secretary of State, shall notify the appropriate authorities of the government of the foreign country of the decision and recommend the steps necessary to bring the security measures in use at the airport up to the standard used by the Secretary of Transportation in making the assessment. (d) Actions When Airports Not Maintaining and Carrying Out Effective Security Measures.— (1) When the Secretary of Transportation decides under this section that an airport does not maintain and carry out effective security measures— (A) the Secretary of Transportation shall— (i) publish the identity of the airport in the Federal Register; (ii) have the identity of the airport posted and displayed prominently at all United States airports at which scheduled air carrier operations are provided regularly; and (iii) notify the news media of the identity of the airport; (B) each air carrier and foreign air carrier providing transportation between the United States and the airport shall provide written notice of the decision, on or with the ticket, to each passenger buying a ticket for transportation between the United States and the airport; (C) notwithstanding section 40105(b) of this title, the Secretary of Transportation, after consulting with the appropriate aeronautic authorities of the foreign country concerned and each air carrier serving the airport and with the approval of the Secretary of State, may withhold, revoke, or prescribe conditions on the operating authority of an air carrier or foreign air carrier that uses that airport to provide foreign air transportation; and (D) the President may prohibit an air carrier or foreign air carrier from providing transportation between the United States and any other foreign airport that is served by aircraft flying to or from the airport with respect to which a decision is made under this section. (2) (A) Paragraph (1) of this subsection becomes effective— (i) 90 days after the... -
§ 44908 Travel advisory and suspension of foreign assistance Amends
49 U.S.C. § 44908
The law today
(a) Travel Advisories.— On being notified by the Administrator of the Transportation Security Administration that the Administrator of the Transportation Security Administration has decided under section 44907(d)(2)(A)(ii) of this title that a condition exists that threatens the security of passengers, aircraft, or crew traveling to or from a foreign airport that the Administrator of the Transportation Security Administration has decided under section 44907 of this title does not maintain and carry out effective security measures, the Secretary of State— (1) immediately shall issue a travel advisory for that airport; and (2) shall publicize the advisory widely. (b) Suspending Assistance.— The President shall suspend assistance provided under the Foreign Assistance Act of 1961 (22 U.S.C. 2151 et seq.) or the Arms Export Control Act (22 U.S.C. 2751 et seq.) to a country in which is located an airport with respect to which section 44907(d)(1) of this title becomes effective if the Secretary of State decides the country is a high terrorist threat country. The President may waive this subsection if the President decides, and reports to Congress, that the waiver is required because of national security interests or a humanitarian emergency. (c) Actions No Longer Required.— An action required under this section is no longer required only if the Administrator of the Transportation Security Administration has made a decision as provided under section 44907(d)(4) of this title. The Administrator shall notify Congress when the action is no longer required to be taken. -
§ 44909 Passenger manifests Amends
49 U.S.C. § 44909
The law today
(a) Air Carrier Requirements.— (1) The Secretary of Transportation shall require each air carrier to provide a passenger manifest for a flight to an appropriate representative of the Secretary of State— (A) not later than one hour after that carrier is notified of an aviation disaster outside the United States involving that flight; or (B) if it is not technologically feasible or reasonable to comply with clause (A) of this paragraph, then as expeditiously as possible, but not later than 3 hours after the carrier is so notified. (2) The passenger manifest should include the following information: (A) the full name of each passenger. (B) the passport number of each passenger, if required for travel. (C) the name and telephone number of a contact for each passenger. (3) In carrying out this subsection, the Secretary of Transportation shall consider the necessity and feasibility of requiring air carriers to collect passenger manifest information as a condition for passengers boarding a flight of the carrier. (b) Foreign Air Carrier Requirements.— The Secretary of Transportation shall consider imposing a requirement on foreign air carriers comparable to that imposed on air carriers under subsection (a)(1) and (2) of this section. (c) Flights in Foreign Air Transportation to the United States.— (1) In general.— Each air carrier and foreign air carrier operating a passenger flight in foreign air transportation to the United States shall provide to the Commissioner of U.S. Customs and Border Protection by electronic transmission a passenger and crew manifest containing the information specified in paragraph (2). Carriers may use the advanced passenger information system established under section 431 of the Tariff Act of 1930 (19 U.S.C. 1431) to provide the information required by the preceding sentence. (2) Information.— A passenger and crew manifest for a flight required under paragraph (1) shall contain the following information: (A) The full name of each passenger and crew member. (B) The date of birth and citizenship of each passenger and crew member. (C) The sex of each passenger and crew member. (D) The passport number and country of issuance of each passenger and crew member if required for travel. (E) The United States visa number or resident alien card number of each passenger and crew member, as applicable. (F) Such other information as the Administrator of the Transportation Security Administration, in consultation with the Commissioner of U.S. Customs and Border Protection, determines is reasonably necessary to ensure aviation safety. (3) Passenger name records.— The carriers shall make passenger name record information available to the Customs Service upon request. (4) Transmission of manifest.— Subject to paragraphs (5) and (6), a passenger and crew manifest required for a flight under paragraph (1) shall be transmitted to the Customs Service in advance of the aircraft landing in the United States in such manner, time, and form as the Customs Service prescribes. (5) Transmission of manifests to other federal agencies.— Upon request, information provided to the Administrator of the Transportation Security Administration or the Customs Service under this subsection may be shared with other Federal agencies for the purpose of protecting national security. (6) Prescreening international passengers.— (A) In general.— The Secretary of Homeland Security, or the designee of the Secretary, shall issue a notice of proposed rulemaking that will allow the Department of Homeland Security to compare passenger information for any international flight to or from the United States against the consolidated and integrated terrorist watchlist maintained by the Federal Government before departure of the flight. (B) Appeal procedures.— (i) In general.— The Secretary of Homeland Security shall establish a timely and fair process for individuals identified as a threat under subparagraph (A) to appeal to the Department of Homeland Security t... -
§ 44911 Intelligence Amends
49 U.S.C. § 44911
The law today
(a) Definition.— In this section, “intelligence community” means the intelligence and intelligence-related activities of the following units of the United States Government: (1) the Department of State. (2) the Department of Defense. (3) the Department of the Treasury. (4) the Department of Energy. (5) the Departments of the Army, Navy, and Air Force. (6) the Central Intelligence Agency. (7) the National Security Agency. (8) the Defense Intelligence Agency. (9) the Federal Bureau of Investigation. (10) the Drug Enforcement Administration. (b) Policies and Procedures on Report Availability.— The head of each unit in the intelligence community shall prescribe policies and procedures to ensure that intelligence reports about terrorism are made available, as appropriate, to the heads of other units in the intelligence community, the Secretary of Transportation, and the Administrator of the Transportation Security Administration. (c) Unit for Strategic Planning on Terrorism.— The heads of the units in the intelligence community shall place greater emphasis on strategic intelligence efforts by establishing a unit for strategic planning on terrorism. (d) Designation of Intelligence Officer.— At the request of the Secretary of Homeland Security, the Director of Central Intelligence shall designate at least one intelligence officer of the Central Intelligence Agency to serve in a senior position in the Office of the Secretary. (e) Written Working Agreements.— The heads of units in the intelligence community, the Secretary of Homeland Security, and the Administrator of the Transportation Security Administration shall review and, as appropriate, revise written working agreements between the intelligence community and the Administrator of the Transportation Security Administration. -
§ 44912 Research and development Amends
49 U.S.C. § 44912
The law today
(a) Program Requirement.— (1) The Administrator shall establish and carry out a program to accelerate and expand the research, development, and implementation of technologies and procedures to counteract terrorist acts against civil aviation. The program shall provide for developing and having in place new equipment and procedures necessary to meet the technological challenges presented by terrorism. The program shall include research on, and development of, technological improvements and ways to enhance human performance. (2) In designing and carrying out the program established under this subsection, the Administrator shall— (A) consult and coordinate activities with other departments, agencies, and instrumentalities of the United States Government doing similar research; (B) identify departments, agencies, and instrumentalities that would benefit from that research; and (C) seek cost-sharing agreements with those departments, agencies, and instrumentalities. (3) In carrying out the program established under this subsection, the Administrator shall review and consider the annual reports the Secretary of Transportation submits to Congress on transportation security and intelligence. (4) (A) In carrying out the program established under this subsection, the Administrator shall designate an individual to be responsible for engineering, research, and development with respect to security technology under the program. (B) The individual designated under subparagraph (A) shall use appropriate systems engineering and risk management models in making decisions regarding the allocation of funds for engineering, research, and development with respect to security technology under the program. (C) The individual designated under subparagraph (A) shall, on an annual basis, submit to the Administrator a report on activities under this paragraph during the preceding year. Each report shall include, for the year covered by such report, information on— (i) progress made in engineering, research, and development with respect to security technology; (ii) the allocation of funds for engineering, research, and development with respect to security technology; and (iii) engineering, research, and development with respect to any technologies drawn from other agencies, including the rationale for engineering, research, and development with respect to such technologies. (5) The Administrator may— (A) make grants to institutions of higher learning and other appropriate research facilities with demonstrated ability to carry out research described in paragraph (1) of this subsection, and fix the amounts and terms of the grants; and (B) make cooperative agreements with governmental authorities the Administrator decides are appropriate. (b) Review of Threats.— (1) The Administrator shall periodically review threats to civil aviation, with particular focus on— (A) a comprehensive systems analysis (employing vulnerability analysis, threat attribute definition, and technology roadmaps) of the civil aviation system, including— (i) the destruction, commandeering, or diversion of civil aircraft or the use of civil aircraft as a weapon; and (ii) the disruption of civil aviation service, including by cyber attack; (B) explosive material that presents the most significant threat to civil aircraft; (C) the minimum amounts, configurations, and types of explosive material that can cause, or would reasonably be expected to cause, catastrophic damage to aircraft in air transportation; (D) the amounts, configurations, and types of explosive material that can be detected reliably by existing, or reasonably anticipated, near-term explosive detection technologies; (E) the potential release of chemical, biological, or similar weapons or devices either within an aircraft or within an airport; (F) the feasibility of using various ways to minimize damage caused by explosive material that cannot be detected reliably by existing, or reasonably anticipated, near-term explosive ...1 other bill also changes this section · Follow it → Official text at uscode.house.gov ↗
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§ 44913 Explosive detection Amends
49 U.S.C. § 44913
The law today
(a) Deployment and Purchase of Equipment.— (1) A deployment or purchase of explosive detection equipment under section 108.7(b)(8) or 108.20 of title 14, Code of Federal Regulations, or similar regulation is required only if the Administrator of the Transportation Security Administration (referred to in this section as “the Administrator”) certifies that the equipment alone, or as part of an integrated system, can detect under realistic air carrier operating conditions the amounts, configurations, and types of explosive material that would likely be used to cause catastrophic damage to commercial aircraft. The Administrator shall base the certification on the results of tests conducted under protocols developed in consultation with expert scientists outside of the Transportation Security Administration. Those tests shall be completed not later than April 16, 1992. (2) Until such time as the Administrator determines that equipment certified under paragraph (1) is commercially available and has successfully completed operational testing as provided in paragraph (1), the Administrator shall facilitate the deployment of such approved commercially available explosive detection devices as the Administrator determines will enhance aviation security significantly. The Administrator shall require that equipment deployed under this paragraph be replaced by equipment certified under paragraph (1) when equipment certified under paragraph (1) becomes commercially available. The Administrator is authorized, based on operational considerations at individual airports, to waive the required installation of commercially available equipment under paragraph (1) in the interests of aviation security. The Administrator may permit the requirements of this paragraph to be met at airports by the deployment of dogs or other appropriate animals to supplement equipment for screening passengers, baggage, mail, or cargo for explosives or weapons. (3) This subsection does not prohibit the Administrator from purchasing or deploying explosive detection equipment described in paragraph (1) of this subsection. (b) Grants.— The Administrator may provide grants to continue the Explosive Detection K-9 Team Training Program to detect explosives at airports and on aircraft. -
§ 44914 Airport construction guidelines Amends
49 U.S.C. § 44914
The law today
In consultation with the Department of Transportation, air carriers, airport authorities, and others the Administrator of the Transportation Security Administration considers appropriate, the Administrator shall develop guidelines for airport design and construction to allow for maximum security enhancement. In developing the guidelines, the Administrator shall consider the results of the assessment carried out under section 44904(a) of this title. -
§ 44915 Exemptions Amends
49 U.S.C. § 44915
The law today
The Administrator of the Transportation Security Administration may exempt from sections 44901, 44903(a)–(c) and (e), 44906, 44935, and 44936 of this title airports in Alaska served only by air carriers that— (1) hold certificates issued under section 41102 of this title; (2) operate aircraft with certificates for a maximum gross takeoff weight of less than 12,500 pounds; and (3) board passengers, or load property intended to be carried in an aircraft cabin, that will be screened under section 44901 of this title at another airport in Alaska before the passengers board, or the property is loaded on, an aircraft for a place outside Alaska. -
§ 44916 Assessments and evaluations Amends
49 U.S.C. § 44916
The law today
(a) Periodic Assessments.— The Administrator of the Transportation Security Administration shall require each air carrier and airport (including the airport owner or operator in cooperation with the air carriers and vendors serving each airport) that provides for intrastate, interstate, or foreign air transportation to conduct periodic vulnerability assessments of the security systems of that air carrier or airport, respectively. The Transportation Security Administration shall perform periodic audits of such assessments. (b) Investigations.— The Administrator of the Transportation Security Administration shall conduct periodic and unannounced inspections of security systems of airports and air carriers to determine the effectiveness and vulnerabilities of such systems. To the extent allowable by law, the Administrator may provide for anonymous tests of those security systems. -
§ 44917 Deployment of Federal air marshals Amends
49 U.S.C. § 44917
The law today
(a) In General.— The Administrator of the Transportation Security Administration under the authority provided by section 44903(d)— (1) may provide for deployment of Federal air marshals on every passenger flight of air carriers in air transportation or intrastate air transportation; (2) shall provide for deployment of Federal air marshals on every such flight determined by the Administrator to present high security risks; (3) shall provide for appropriate training, supervision, and equipment of Federal air marshals; (4) shall require air carriers providing flights described in paragraph (1) to provide seating for a Federal air marshal on any such flight without regard to the availability of seats on the flight and at no cost to the United States Government or the marshal; (5) may require air carriers to provide, on a space-available basis, to an off-duty Federal air marshal a seat on a flight to the airport nearest the marshal’s home at no cost to the marshal or the United States Government if the marshal is traveling to that airport after completing his or her security duties; (6) may enter into agreements with Federal, State, and local agencies under which appropriately-trained law enforcement personnel from such agencies, when traveling on a flight of an air carrier, will carry a firearm and be prepared to assist Federal air marshals; (7) shall establish procedures to ensure that Federal air marshals are made aware of any armed or unarmed law enforcement personnel on board an aircraft; (8) may appoint— (A) an individual who is a retired law enforcement officer; (B) an individual who is a retired member of the Armed Forces; and (C) an individual who has been furloughed from an air carrier crew position in the 1-year period beginning on September 11, 2001, as a Federal air marshal, regardless of age, if the individual otherwise meets the background and fitness qualifications required for Federal air marshals; (9) shall require the Federal Air Marshal Service to utilize a risk-based strategy when allocating resources between international and domestic flight coverage, including when initially setting its annual target numbers of average daily international and domestic flights to cover; (10) shall require the Federal Air Marshal Service to utilize a risk-based strategy to support domestic allocation decisions; (11) shall require the Federal Air Marshal Service to utilize a risk-based strategy to support international allocation decisions; and (12) shall ensure that the seating arrangements of Federal air marshals on aircraft are determined in a manner that is risk-based and most capable of responding to current threats to aviation security. (b) Interim Measures.— Until the Under Secretary 1 completes implementation of subsection (a), the Under Secretary 1 may use, after consultation with and concurrence of the heads of other Federal agencies and departments, personnel from those agencies and departments, on a nonreimbursable basis, to provide air marshal service. (c) Training for Foreign Law Enforcement Personnel.— (1) In general.— The Administrator of the Transportation Security Administration, after consultation with the Secretary of State, may direct the Federal Air Marshal Service to provide appropriate air marshal training to law enforcement personnel of foreign countries. (2) Watchlist screening.— The Federal Air Marshal Service may only provide appropriate air marshal training to law enforcement personnel of foreign countries after comparing the identifying information and records of law enforcement personnel of foreign countries against all appropriate records in the consolidated and integrated terrorist watchlists maintained by the Federal Government. (3) Fees.— The Administrator of the Transportation Security Administration shall establish reasonable fees and charges to pay expenses incurred in carrying out this subsection. Funds collected under this subsection shall be credited to the account in the Treasury from...4 other bills also change this section · Follow it → Official text at uscode.house.gov ↗
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§ 44918 Crew training Amends
49 U.S.C. § 44918
The law today
(a) Basic Security Training.— (1) In general.— Each air carrier providing scheduled passenger air transportation shall carry out a training program for flight and cabin crew members to prepare the crew members for potential threat conditions and unruly passenger behavior. (2) Program elements.— An air carrier training program under this subsection shall include, at a minimum, elements that address each of the following: (A) Recognize suspicious behavior and activities and determine the seriousness of any occurrence of such behavior and activities. (B) Crew communication and coordination. (C) The proper commands to give passengers and attackers. (D) Appropriate responses to defend oneself. (E) Use of protective devices assigned to crew members (to the extent such devices are required by the Administrator of the Federal Aviation Administration or the Administrator of the Transportation Security Administration). (F) Psychology of terrorists to cope with hijacker behavior and passenger responses. (G) Situational training exercises regarding various threat conditions. (H) De-escalation training based on recommendations issued by the Air Carrier Training Aviation Rulemaking Committee. (I) Methods to subdue and restrain an active attacker. (J) The proper conduct of a cabin search, including explosive device recognition. (K) Any other subject matter considered appropriate by the Administrator of the Transportation Security Administration. (3) Approval.— An air carrier training program under this subsection shall be subject to approval by the Administrator of the Transportation Security Administration. (4) Minimum standards.— Not later than 180 days after the date of enactment of the FAA Reauthorization Act of 2024, the Administrator of the Transportation Security Administration, in consultation with the Federal Air Marshal Service and the Aviation Security Advisory Committee, shall establish minimum standards for— (A) the training provided under this subsection and any for recurrent training; and (B) the individuals or entities providing such training. (5) Existing programs.— Notwithstanding paragraphs (3) and (4), any training program of an air carrier to prepare flight and cabin crew members for potential threat conditions that was approved by the Administrator or the Administrator of the Transportation Security Administration before December 12, 2003, may continue in effect until disapproved or ordered modified by the Administrator of the Transportation Security Administration. (6) Monitoring.— The Administrator of the Transportation Security Administration, in consultation with the Administrator and the Federal Air Marshal Service, shall monitor air carrier training programs under this subsection and shall periodically review an air carrier’s training program to ensure that the program is adequately preparing crew members for potential threat conditions based on changes in the potential or actual threat conditions. In determining when an air carrier’s training program should be reviewed under this paragraph, the Administrator of the Transportation Security Administration shall consider complaints from crew members. The Administrator of the Transportation Security Administration shall ensure that employees responsible for monitoring the training programs have the necessary resources and knowledge, including self-defense training expertise and experience. (7) Updates.— The Administrator of the Transportation Security Administration, in consultation with the Administrator, shall order air carriers to modify training programs under this subsection to reflect new or different security threats. (b) Advanced Self-Defense Training.— (1) In general.— The Administrator of the Transportation Security Administration shall develop and provide a voluntary training program for flight and cabin crew members of air carriers providing scheduled passenger air transportation. (2) Program elements.— The training program under this subsection shall ...2 other bills also change this section · Follow it → Official text at uscode.house.gov ↗
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§ 44919 PreCheck Program Amends
49 U.S.C. § 44919
The law today
(a) In General.— The Administrator of the Transportation Security Administration shall continue to administer the PreCheck Program in accordance with section 109(a)(3) of the Aviation and Transportation Security Act (49 U.S.C. 114 note). (b) Expansion.— Not later than 180 days after the date of enactment of the TSA Modernization Act, the Administrator shall enter into an agreement, using other transaction authority under section 114(m) of this title, with at least 2 private sector entities to increase the methods and capabilities available for the public to enroll in the PreCheck Program. (c) Minimum Capability Requirements.— At least 1 agreement under subsection (b) shall include the following capabilities: (1) Start-to-finish secure online or mobile enrollment capability. (2) Vetting of an applicant by means other than biometrics, such as a risk assessment, if— (A) such means— (i) are evaluated and certified by the Secretary of Homeland Security; (ii) meet the definition of a qualified anti-terrorism technology under section 865 of the Homeland Security Act of 2002 (6 U.S.C. 444); and (iii) are determined by the Administrator to provide a risk assessment that is as effective as a fingerprint-based criminal history records check conducted through the Federal Bureau of Investigation with respect to identifying individuals who are not qualified to participate in the PreCheck Program due to disqualifying criminal history; and (B) with regard to private sector risk assessments, the Secretary has certified that reasonable procedures are in place with regard to the accuracy, relevancy, and proper utilization of information employed in such risk assessments. (d) Additional Capability Requirements.— At least 1 agreement under subsection (b) shall include the following capabilities: (1) Start-to-finish secure online or mobile enrollment capability. (2) Vetting of an applicant by means of biometrics if the collection— (A) is comparable with the appropriate and applicable standards developed by the National Institute of Standards and Technology; (B) protects privacy and data security, including that any personally identifiable information is collected, retained, used, and shared in a manner consistent with section 552a of title 5, United States Code (commonly known as “Privacy Act of 1974”), and with agency regulations; (C) is evaluated and certified by the Secretary of Homeland Security; and (D) is determined by the Administrator to provide a risk assessment that is as effective as a fingerprint-based criminal history records check conducted through the Federal Bureau of Investigation with respect to identifying individuals who are not qualified to participate in the PreCheck Program due to disqualifying criminal history. (e) Target Enrollment.— Subject to subsections (b), (c), and (d), the Administrator shall take actions to expand the total number of individuals enrolled in the PreCheck Program as follows: (1) 7,000,000 passengers before October 1, 2019. (2) 10,000,000 passengers before October 1, 2020. (3) 15,000,000 passengers before October 1, 2021. (f) Marketing of PreCheck Program.— Not later than 90 days after the date of enactment of the TSA Modernization Act, the Administrator shall— (1) enter into at least 2 agreements, using other transaction authority under section 114(m) of this title, to market the PreCheck Program; and (2) implement a long-term strategy for partnering with the private sector to encourage enrollment in such program. (g) Identity Verification Enhancement.— The Administrator shall— (1) coordinate with the heads of appropriate components of the Department to leverage Department-held data and technologies to verify the identity and citizenship of individuals enrolling in the PreCheck Program; (2) partner with the private sector to use biometrics and authentication standards, such as relevant standards developed by the National Institute of Standards and Technology, to facilitate enrollment in the program;...3 other bills also change this section · Follow it → Official text at uscode.house.gov ↗
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§ 44920 Screening partnership program Amends
49 U.S.C. § 44920
The law today
(a) In General.— An airport operator may submit to the Administrator of the Transportation Security Administration an application to carry out the screening of passengers and property at the airport under section 44901 by personnel of a qualified private screening company pursuant to a contract entered into with the Transportation Security Administration. (b) Approval of Applications.— (1) In general.— Not later than 60 days after the date of receipt of an application submitted by an airport operator under subsection (a), the Administrator shall approve or deny the application. (2) Standards.— The Administrator shall approve an application submitted by an airport operator under subsection (a) if the Administrator determines that the approval would not compromise security or detrimentally affect the cost-efficiency or the effectiveness of the screening of passengers or property at the airport. (3) Reports on denials of applications.— (A) In general.— If the Administrator denies an application submitted by an airport operator under subsection (a), the Administrator shall provide to the airport operator, not later than 60 days following the date of the denial, a written report that sets forth— (i) the findings that served as the basis for the denial; (ii) the results of any cost or security analysis conducted in considering the application; and (iii) recommendations on how the airport operator can address the reasons for the denial. (B) Submission to congress.— The Administrator shall submit to the Committee on Commerce, Science, and Transportation of the Senate and the Committee on Homeland Security of the House of Representatives a copy of any report provided to an airport operator under subparagraph (A). (c) Qualified Private Screening Company.— A private screening company is qualified to provide screening services at an airport under this section if the company will only employ individuals to provide such services who meet all the requirements of this chapter applicable to Federal Government personnel who perform screening services at airports under this chapter and will provide compensation and other benefits to such individuals that are not less than the level of compensation and other benefits provided to such Federal Government personnel in accordance with this chapter. (d) Selection of Contracts and Standards for Private Screening Companies.— (1) In general.— The Administrator shall, upon approval of the application, provide the airport operator with a list of qualified private screening companies. (2) Contracts.— The Administrator shall, to the extent practicable, enter into a contract with a private screening company from the list provided under paragraph (1) for the provision of screening at the airport not later than 120 days after the date of approval of an application submitted by the airport operator under subsection (a) if— (A) the level of screening services and protection provided at the airport under the contract will be equal to or greater than the level that would be provided at the airport by Federal Government personnel under this chapter; (B) the private screening company is owned and controlled by a citizen of the United States, to the extent that the Administrator determines that there are private screening companies owned and controlled by such citizens; and (C) the selected qualified private screening company offered contract price is equal to or less than the cost to the Federal Government to provide screening services at the airport. (3) Waivers.— The Administrator may waive the requirement of paragraph (2)(B) for any company that is a United States subsidiary with a parent company that has implemented a foreign ownership, control, or influence mitigation plan that has been approved by the Defense Security Service of the Department of Defense prior to the submission of the application. The Administrator has complete discretion to reject any application from a private screening company to provide ...6 other bills also change this section · Follow it → Official text at uscode.house.gov ↗
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§ 44921 Federal flight deck officer program Amends
49 U.S.C. § 44921
The law today
(a) Establishment.— The Administrator shall establish a program to deputize volunteer pilots of air carriers providing air transportation or intrastate air transportation as Federal law enforcement officers to defend the flight decks of aircraft of such air carriers against acts of criminal violence or air piracy. Such officers shall be known as “Federal flight deck officers”. (b) Procedural Requirements.— (1) In general.— The Administrator shall establish procedural requirements to carry out the program under this section. (2) Commencement of program.— The Administrator shall train and deputize pilots who are qualified to be Federal flight deck officers as Federal flight deck officers under the program. (3) Issues to be addressed.— The procedural requirements established under paragraph (1) shall address the following issues: (A) The type of firearm to be used by a Federal flight deck officer. (B) The type of ammunition to be used by a Federal flight deck officer. (C) The standards and training needed to qualify and requalify as a Federal flight deck officer. (D) The placement of the firearm of a Federal flight deck officer on board the aircraft to ensure both its security and its ease of retrieval in an emergency. (E) An analysis of the risk of catastrophic failure of an aircraft as a result of the discharge (including an accidental discharge) of a firearm to be used in the program into the avionics, electrical systems, or other sensitive areas of the aircraft. (F) The division of responsibility between pilots in the event of an act of criminal violence or air piracy if only 1 pilot is a Federal flight deck officer and if both pilots are Federal flight deck officers. (G) Procedures for ensuring that the firearm of a Federal flight deck officer does not leave the cockpit if there is a disturbance in the passenger cabin of the aircraft or if the pilot leaves the cockpit for personal reasons. (H) Interaction between a Federal flight deck officer and a Federal air marshal on board the aircraft. (I) The process for selection of pilots to participate in the program based on their fitness to participate in the program, including whether an additional background check should be required beyond that required by section 44936(a)(1). (J) Storage and transportation of firearms between flights, including international flights, to ensure the security of the firearms, focusing particularly on whether such security would be enhanced by requiring storage of the firearm at the airport when the pilot leaves the airport to remain overnight away from the pilot’s base airport. (K) Methods for ensuring that security personnel will be able to identify whether a pilot is authorized to carry a firearm under the program. (L) Methods for ensuring that pilots (including Federal flight deck officers) will be able to identify whether a passenger is a law enforcement officer who is authorized to carry a firearm aboard the aircraft. (M) Any other issues that the Administrator considers necessary. (N) The Administrator’s decisions regarding the methods for implementing each of the foregoing procedural requirements shall be subject to review only for abuse of discretion. (4) Preference.— In selecting pilots to participate in the program, the Administrator shall give preference to pilots who are former military or law enforcement personnel. (5) Classified information.— Notwithstanding section 552 of title 5 but subject to section 40119 1 of this title, information developed under paragraph (3)(E) shall not be disclosed. (6) Notice to congress.— The Administrator shall provide notice to the Committee on Transportation and Infrastructure of the House of Representatives and the Committee on Commerce, Science, and Transportation of the Senate after completing the analysis required by paragraph (3)(E). (7) Minimization of risk.— If the Administrator determines as a result of the analysis under paragraph (3)(E) that there is a significant risk of the catastrophic... -
§ 44922 Deputization of State and local law enforcement officers Amends
49 U.S.C. § 44922
The law today
(a) Deputization Authority.— The Administrator of the Transportation Security Administration may deputize a State or local law enforcement officer to carry out Federal airport security duties under this chapter. (b) Fulfillment of Requirements.— A State or local law enforcement officer who is deputized under this section shall be treated as a Federal law enforcement officer for purposes of meeting the requirements of this chapter and other provisions of law to provide Federal law enforcement officers to carry out Federal airport security duties. (c) Agreements.— To deputize a State or local law enforcement officer under this section, the Administrator of the Transportation Security Administration shall enter into a voluntary agreement with the appropriate State or local law enforcement agency that employs the State or local law enforcement officer. (d) Reimbursement.— (1) In general.— The Administrator of the Transportation Security Administration shall reimburse a State or local law enforcement agency for all reasonable, allowable, and allocable costs incurred by the State or local law enforcement agency with respect to a law enforcement officer deputized under this section. (2) Authorization of appropriations.— There are authorized to be appropriated such sums as may be necessary to carry out this subsection. (e) Federal Tort Claims Act.— A State or local law enforcement officer who is deputized under this section shall be treated as an “employee of the Government” for purposes of sections 1346(b), 2401(b), and chapter 171 of title 28, United States Code, while carrying out Federal airport security duties within the course and scope of the officer’s employment, subject to Federal supervision and control, and in accordance with the terms of such deputization. (f) Stationing of Officers.— The Administrator of the Transportation Security Administration may allow law enforcement personnel to be stationed other than at the airport security screening location if that would be preferable for law enforcement purposes and if such personnel would still be able to provide prompt responsiveness to problems occurring at the screening location.2 other bills also change this section · Follow it → Official text at uscode.house.gov ↗
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§ 44923 Airport security improvement projects Amends
49 U.S.C. § 44923
The law today
(a) Grant Authority.— Subject to the requirements of this section, the Administrator of the Transportation Security Administration shall make grants to airport sponsors— (1) for projects to replace baggage conveyer systems related to aviation security; (2) for projects to reconfigure terminal baggage areas as needed to install explosive detection systems; (3) for projects to enable the Administrator of the Transportation Security Administration to deploy explosive detection systems behind the ticket counter, in the baggage sorting area, or in line with the baggage handling system; and (4) for other airport security capital improvement projects. (b) Applications.— A sponsor seeking a grant under this section shall submit to the Administrator of the Transportation Security Administration an application in such form and containing such information as the Administrator of the Transportation Security Administration prescribes. (c) Approval.— The Administrator of the Transportation Security Administration, after consultation with the Secretary of Transportation, may approve an application of a sponsor for a grant under this section only if the Administrator of the Transportation Security Administration determines that the project will improve security at an airport or improve the efficiency of the airport without lessening security. (d) Letters of Intent.— (1) Issuance.— The Administrator of the Transportation Security Administration shall issue a letter of intent to a sponsor committing to obligate from future budget authority an amount, not more than the Federal Government’s share of the project’s cost, for an airport security improvement project (including interest costs and costs of formulating the project). (2) Schedule.— A letter of intent under this subsection shall establish a schedule under which the Administrator of the Transportation Security Administration will reimburse the sponsor for the Government’s share of the project’s costs, as amounts become available, if the sponsor, after the Administrator of the Transportation Security Administration issues the letter, carries out the project without receiving amounts under this section. (3) Notice to administrator of the transportation security administration.— A sponsor that has been issued a letter of intent under this subsection shall notify the Administrator of the Transportation Security Administration of the sponsor’s intent to carry out a project before the project begins. (4) Notice to congress.— The Administrator of the Transportation Security Administration shall transmit to the Committees on Appropriations and Transportation and Infrastructure of the House of Representatives and the Committees on Appropriations and Commerce, Science 1 and Transportation of the Senate a written notification at least 3 days before the issuance of a letter of intent under this section. (5) Limitations.— A letter of intent issued under this subsection is not an obligation of the Government under section 1501 of title 31, and the letter is not deemed to be an administrative commitment for financing. An obligation or administrative commitment may be made only as amounts are provided in authorization and appropriations laws. (6) Statutory construction.— Nothing in this subsection shall be construed to prohibit the obligation of amounts pursuant to a letter of intent under this subsection in the same fiscal year as the letter of intent is issued. (e) Federal Share.— The Government’s share of the cost of a project under this section shall be 90 percent for a project at a medium or large hub airport and 95 percent for a project at any other airport. (f) Sponsor Defined.— In this section, the term “sponsor” has the meaning given that term in section 47102. (g) Applicability of Certain Requirements.— The requirements that apply to grants and letters of intent issued under chapter 471 (other than section 47102(3)) shall apply to grants and letters of intent issued under this section. (h) Av...7 other bills also change this section · Follow it → Official text at uscode.house.gov ↗
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§ 44924 Repair station security Amends
49 U.S.C. § 44924
The law today
(a) Security Review and Audit.— To ensure the security of maintenance and repair work conducted on air carrier aircraft and components at foreign repair stations, the Administrator of the Transportation Security Administration, in consultation with the Administrator of the Federal Aviation Administration, shall complete a security review and audit of foreign repair stations that are certified by the Administrator of the Federal Aviation Administration under part 145 of title 14, Code of Federal Regulations, and that work on air carrier aircraft and components. The review shall be completed not later than 6 months after the date on which the Administrator of the Transportation Security Administration issues regulations under subsection (f). (b) Addressing Security Concerns.— The Administrator of the Transportation Security Administration shall require a foreign repair station to address the security issues and vulnerabilities identified in a security audit conducted under subsection (a) within 90 days of providing notice to the repair station of the security issues and vulnerabilities so identified and shall notify the Administrator of the Federal Aviation Administration that a deficiency was identified in the security audit. (c) Suspensions and Revocations of Certificates.— (1) Failure to carry out effective security measures.— If, after the 90th day on which a notice is provided to a foreign repair station under subsection (b), the Administrator of the Transportation Security Administration determines that the foreign repair station does not maintain and carry out effective security measures, the Administrator of the Transportation Security Administration shall notify the Administrator of the Federal Aviation Administration of the determination. Upon receipt of the determination, the Administrator of the Federal Aviation Administration shall suspend the certification of the repair station until such time as the Administrator of the Transportation Security Administration determines that the repair station maintains and carries out effective security measures and transmits the determination to the Administrator of the Federal Aviation Administration. (2) Immediate security risk.— If the Administrator of the Transportation Security Administration determines that a foreign repair station poses an immediate security risk, the Administrator of the Transportation Security Administration shall notify the Administrator of the Federal Aviation Administration of the determination. Upon receipt of the determination, the Administrator of the Federal Aviation Administration shall revoke the certification of the repair station. (3) Procedures for appeals.— The Administrator of the Transportation Security Administration, in consultation with the Administrator of the Federal Aviation Administration, shall establish procedures for appealing a revocation of a certificate under this subsection. (d) Failure To Meet Audit Deadline.— If the security audits required by subsection (a) are not completed on or before the date that is 6 months after the date on which the Administrator of the Transportation Security Administration issues regulations under subsection (f), the Administrator of the Federal Aviation Administration shall be barred from certifying any foreign repair station (other than a station that was previously certified, or is in the process of certification, by the Administration under this part) until such audits are completed for existing stations. (e) Priority for Audits.— In conducting the audits described in subsection (a), the Administrator of the Transportation Security Administration and the Administrator of the Federal Aviation Administration shall give priority to foreign repair stations located in countries identified by the Government as posing the most significant security risks. (f) Regulations.— The Administrator of the Transportation Security Administration, in consultation with the Administrator of the Federal Aviatio... -
§ 44925 Deployment and use of detection equipment at airport screening checkpoints Amends
49 U.S.C. § 44925
The law today
(a) Weapons and Explosives.— The Secretary of Homeland Security shall give a high priority to developing, testing, improving, and deploying, at airport screening checkpoints, equipment that detects nonmetallic, chemical, biological, and radiological weapons, and explosives, in all forms, on individuals and in their personal property. The Secretary shall ensure that the equipment alone, or as part of an integrated system, can detect under realistic operating conditions the types of weapons and explosives that terrorists would likely try to smuggle aboard an air carrier aircraft. (b) Strategic Plan for Deployment and Use of Explosive Detection Equipment at Airport Screening Checkpoints.— (1) In general.— The Administrator of the Transportation Security Administration shall submit to the appropriate congressional committees a strategic plan to promote the optimal utilization and deployment of explosive detection equipment at airports to screen individuals and their personal property. Such equipment includes walk-through explosive detection portals, document scanners, shoe scanners, and backscatter x-ray scanners. The plan may be submitted in a classified format. (2) Content.— The strategic plan shall include, at minimum— (A) a description of current efforts to detect explosives in all forms on individuals and in their personal property; (B) a description of the operational applications of explosive detection equipment at airport screening checkpoints; (C) a deployment schedule and a description of the quantities of equipment needed to implement the plan; (D) a description of funding needs to implement the plan, including a financing plan that provides for leveraging of non-Federal funding; (E) a description of the measures taken and anticipated to be taken in carrying out subsection (d); and (F) a description of any recommended legislative actions. (c) Portal Detection Systems.— There is authorized to be appropriated to the Secretary of Homeland Security for the use of the Transportation Security Administration $250,000,000, in addition to any amounts otherwise authorized by law, for research, development, and installation of detection systems and other devices for the detection of biological, chemical, radiological, and explosive materials. (d) Interim Action.— Until measures are implemented that enable the screening of all passengers for explosives, the Administrator of the Transportation Security Administration shall provide, by such means as the Administrator of the Transportation Security Administration considers appropriate, explosives detection screening for all passengers identified for additional screening and their personal property that will be carried aboard a passenger aircraft operated by an air carrier or foreign air carrier in air transportation or intrastate air transportation. -
§ 44926 Appeal and redress process for passengers wrongly delayed or prohibited from boarding a flight Amends
49 U.S.C. § 44926
The law today
(a) In General.— The Secretary of Homeland Security shall establish a timely and fair process for individuals who believe they have been delayed or prohibited from boarding a commercial aircraft because they were wrongly identified as a threat under the regimes utilized by the Transportation Security Administration, United States Customs and Border Protection, or any other office or component of the Department of Homeland Security. (b) Office of Appeals and Redress.— (1) Establishment.— The Secretary shall establish in the Department an Office of Appeals and Redress to implement, coordinate, and execute the process established by the Secretary pursuant to subsection (a). The Office shall include representatives from the Transportation Security Administration, United States Customs and Border Protection, and such other offices and components of the Department as the Secretary determines appropriate. (2) Records.— The process established by the Secretary pursuant to subsection (a) shall include the establishment of a method by which the Office, under the direction of the Secretary, will be able to maintain a record of air carrier passengers and other individuals who have been misidentified and have corrected erroneous information. (3) Information.— To prevent repeated delays of a misidentified passenger or other individual, the Office shall— (A) ensure that the records maintained under this subsection contain information determined by the Secretary to authenticate the identity of such a passenger or individual; (B) furnish to the Transportation Security Administration, United States Customs and Border Protection, or any other appropriate office or component of the Department, upon request, such information as may be necessary to allow such office or component to assist air carriers in improving their administration of the advanced passenger prescreening system and reduce the number of false positives; and (C) require air carriers and foreign air carriers take action to identify passengers determined, under the process established under subsection (a), to have been wrongly identified. (4) Handling of personally identifiable information.— The Secretary, in conjunction with the Chief Privacy Officer of the Department shall— (A) require that Federal employees of the Department handling personally identifiable information of passengers (in this paragraph referred to as “PII”) complete mandatory privacy and security training prior to being authorized to handle PII; (B) ensure that the records maintained under this subsection are secured by encryption, one-way hashing, other data anonymization techniques, or such other equivalent security technical protections as the Secretary determines necessary; (C) limit the information collected from misidentified passengers or other individuals to the minimum amount necessary to resolve a redress request; (D) require that the data generated under this subsection shall be shared or transferred via a secure data network, that has been audited to ensure that the anti-hacking and other security related software functions properly and is updated as necessary; (E) ensure that any employee of the Department receiving the data contained within the records handles the information in accordance with the section 552a of title 5, United States Code, and the Federal Information Security Management Act of 2002 (Public Law 107–296); (F) only retain the data for as long as needed to assist the individual traveler in the redress process; and (G) conduct and publish a privacy impact assessment of the process described within this subsection and transmit the assessment to the Committee on Homeland Security of the House of Representatives, the Committee on Commerce, Science, and Transportation of the Senate, and Committee on Homeland Security and Governmental Affairs of the Senate. (5) Initiation of redress process at airports.— The Office shall establish at each airport at which the Department has a significant ... -
§ 44927 Expedited screening for severely injured or disabled members of the Armed Forces and severely injured or disabled veterans Amends
49 U.S.C. § 44927
The law today
(a) Passenger Screening.— The Administrator of the Transportation Security Administration, in consultation with the Secretary of Defense, the Secretary of Veterans Affairs, and organizations identified by the Secretaries of Defense and Veterans Affairs that advocate on behalf of severely injured or disabled members of the Armed Forces and severely injured or disabled veterans, shall develop and implement a process to support and facilitate the ease of travel and to the extent possible provide expedited passenger screening services for severely injured or disabled members of the Armed Forces and severely injured or disabled veterans through passenger screening. The process shall be designed to offer the individual private screening to the maximum extent practicable. (b) Operations Center.— As part of the process under subsection (a), the Administrator of the Transportation Security Administration shall maintain an operations center to provide support and facilitate the movement of severely injured or disabled members of the Armed Forces and severely injured or disabled veterans through passenger screening prior to boarding a passenger aircraft operated by an air carrier or foreign air carrier in air transportation or intrastate air transportation. (c) Protocols.— The Administrator of the Transportation Security Administration shall— (1) establish and publish protocols, in consultation with the Secretary of Defense, the Secretary of Veterans Affairs, and the organizations identified under subsection (a), under which a severely injured or disabled member of the Armed Forces or severely injured or disabled veteran, or the family member or other representative of such member or veteran, may contact the operations center maintained under subsection (b) and request the expedited passenger screening services described in subsection (a) for that member or veteran; and (2) upon receipt of a request under paragraph (1), require the operations center to notify the appropriate Federal Security Director of the request for expedited passenger screening services, as described in subsection (a), for that member or veteran. (d) Training.— The Administrator of the Transportation Security Administration shall integrate training on the protocols established under subsection (c) into the training provided to all employees who will regularly provide the passenger screening services described in subsection (a). (e) Rule of Construction.— Nothing in this section shall affect the authority of the Administrator of the Transportation Security Administration to require additional screening of a severely injured or disabled member of the Armed Forces, a severely injured or disabled veteran, or their accompanying family members or nonmedical attendants, if intelligence, law enforcement, or other information indicates that additional screening is necessary. (f) Reports.— Each year, the Administrator of the Transportation Security Administration shall submit to Congress a report on the implementation of this section. Each report shall include each of the following: (1) Information on the training provided under subsection (d). (2) Information on the consultations between the Administrator of the Transportation Security Administration and the organizations identified under subsection (a). (3) The number of people who accessed the operations center during the period covered by the report. (4) Such other information as the Administrator of the Transportation Security Administration determines is appropriate. (g) Availability of PreCheck Program to Certain Severely Injured or Disabled Veterans.— (1) In general.— A veteran described in paragraph (2) is eligible for security screening under the PreCheck Program under section 44919 at no cost to the veteran if the veteran is able to meet the background check and other security requirements for participation in the Program. (2) Veterans described.— A veteran described in this paragraph is a veteran who— (A) is enr...6 other bills also change this section · Follow it → Official text at uscode.house.gov ↗
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§ 44933 Federal Security Managers 1 Amends
49 U.S.C. § 44933
The law today
(a) Establishment, Designation, and Stationing.— The Administrator of the Transportation Security Administration shall establish the position of Federal Security Director at each airport in the United States described in section 44903(c). The Administrator of the Transportation Security Administration shall designate individuals as Federal Security Directors for, and station those Federal Security Directors at, those airports. (b) Duties and Powers.— The Federal Security Director at each airport shall— (1) oversee the screening of passengers and property at the airport; and (2) carry out other duties prescribed by the Administrator of the Transportation Security Administration. (c) Information Sharing.— Not later than 1 year after the date of the enactment of the TSA Modernization Act, 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 enforcement agencies serving each such airport to discuss incident management protocols, including the resolution of screening anomalies at passenger screening checkpoints; and (2) require each Federal Security Director at an airport to inform, consult, and coordinate, as appropriate, with the respective airport security coordinator in a timely manner on security matters impacting airport operations and to establish and maintain operational protocols with such airport operators to ensure coordinated responses to security matters. -
§ 44934 Foreign Security Liaison Officers Amends
49 U.S.C. § 44934
The law today
(a) Establishment, Designation, and Stationing.— The Administrator of the Transportation Security Administration shall establish the position of Foreign Security Liaison Officer for each airport outside the United States at which the Administrator decides an Officer is necessary for air transportation security. In coordination with the Secretary of State, the Administrator shall designate an Officer for each of those airports. In coordination with the Secretary of State, the Administrator shall designate an Officer for each of those airports where extraordinary security measures are in place. The Secretary of State shall give high priority to stationing those Officers. (b) Duties and Powers.— An Officer reports directly to the Administrator of the Transportation Security Administration. The Officer at each airport shall— (1) serve as the liaison of the Administrator to foreign security authorities (including governments of foreign countries and foreign airport authorities) in carrying out United States Government security requirements at that airport; and (2) to the extent practicable, carry out duties and powers referred to in section 44933(b) of this title. (c) Coordination of Activities.— The activities of each Officer shall be coordinated with the chief of the diplomatic mission of the United States to which the Officer is assigned. Activities of an Officer under this section shall be consistent with the duties and powers of the Secretary of State and the chief of mission to a foreign country under section 103 of the Omnibus Diplomatic Security and Antiterrorism Act of 1986 (22 U.S.C. 4802) and section 207 of the Foreign Service Act of 1980 (22 U.S.C. 3927). -
§ 44935 Employment standards and training Amends
49 U.S.C. § 44935
The law today
(a) Employment Standards.— The Administrator shall prescribe standards for the employment and continued employment of, and contracting for, air carrier personnel and, as appropriate, airport security personnel. The standards shall include— (1) minimum training requirements for new employees; (2) retraining requirements; (3) minimum staffing levels; (4) minimum language skills; and (5) minimum education levels for employees, when appropriate. (b) Review and Recommendations.— In coordination with air carriers, airport operators, and other interested persons, the Administrator shall review issues related to human performance in the aviation security system to maximize that performance. When the review is completed, the Administrator shall recommend guidelines and prescribe appropriate changes in existing procedures to improve that performance. (c) Security Program Training, Standards, and Qualifications.— (1) The Administrator— (A) may train individuals employed to carry out a security program under section 44903(c) of this title; and (B) shall prescribe uniform training standards and uniform minimum qualifications for individuals eligible for that training. (2) The Administrator may authorize reimbursement for travel, transportation, and subsistence expenses for security training of non-United States Government domestic and foreign individuals whose services will contribute significantly to carrying out civil aviation security programs. To the extent practicable, air travel reimbursed under this paragraph shall be on air carriers. (d) Education and Training Standards for Security Coordinators, Supervisory Personnel, and Pilots.— (1) The Administrator shall prescribe standards for educating and training— (A) ground security coordinators; (B) security supervisory personnel; and (C) airline pilots as in-flight security coordinators. (2) The standards shall include initial training, retraining, and continuing education requirements and methods. Those requirements and methods shall be used annually to measure the performance of ground security coordinators and security supervisory personnel. (e) Security Screeners.— (1) Training program.— The Administrator shall establish a program for the hiring and training of security screening personnel. (2) Hiring.— (A) Qualifications.— The Administrator shall establish qualification standards for individuals to be hired by the United States as security screening personnel. Notwithstanding any other provision of law, those standards shall require, at a minimum, an individual— (i) to have a satisfactory or better score on a Federal security screening personnel selection examination; (ii) to be a citizen of the United States or a national of the United States, as defined in section 101(a)(22) of the Immigration and Nationality Act (8 U.S.C. 1101(a)(22)); (iii) to meet, at a minimum, the requirements set forth in subsection (f); (iv) to meet such other qualifications as the Administrator may establish; and (v) to have the ability to demonstrate daily a fitness for duty without any impairment due to illegal drugs, sleep deprivation, medication, or alcohol. (B) Background checks.— The Administrator shall require that an individual to be hired as a security screener undergo an employment investigation (including a criminal history record check) under section 44936(a)(1). (C) Disqualification of individuals who present national security risks.— The Administrator, in consultation with the heads of other appropriate Federal agencies, shall establish procedures, in addition to any background check conducted under section 44936, to ensure that no individual who presents a threat to national security is employed as a security screener. (3) Examination; review of existing rules.— The Administrator shall develop a security screening personnel examination for use in determining the qualification of individuals seeking employment as security screening personnel. The Administrator shall also review, and revis...1 other bill also changes this section · Follow it → Official text at uscode.house.gov ↗
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§ 44936 Employment investigations and restrictions Amends
49 U.S.C. § 44936
The law today
(a) Employment Investigation Requirement.— (1) (A) The Administrator shall require by regulation that an employment investigation, including a criminal history record check and a review of available law enforcement data bases and records of other governmental and international agencies to the extent determined practicable by the Administrator, shall be conducted of each individual employed in, or applying for, a position as a security screener under section 44935(e) or a position in which the individual has unescorted access, or may permit other individuals to have unescorted access, to— (i) aircraft of an air carrier or foreign air carrier; or (ii) a secured area of an airport in the United States the Administrator designates that serves an air carrier or foreign air carrier. (B) The Administrator shall require by regulation that an employment investigation (including a criminal history record check and a review of available law enforcement data bases and records of other governmental and international agencies to the extent determined practicable by the Administrator) be conducted for— (i) individuals who are responsible for screening passengers or property under section 44901 of this title; (ii) supervisors of the individuals described in clause (i); (iii) individuals who regularly have escorted access to aircraft of an air carrier or foreign air carrier or a secured area of an airport in the United States the Administrator designates that serves an air carrier or foreign air carrier; and (iv) such other individuals who exercise security functions associated with baggage or cargo, as the Administrator determines is necessary to ensure air transportation security. (C) Exemption.— An employment investigation, including a criminal history record check, shall not be required under this subsection for an individual who is exempted under section 107.31(m)(1) or (2) of title 14, Code of Federal Regulations, as in effect on November 22, 2000. The Administrator shall work with the International Civil Aviation Organization and with appropriate authorities of foreign countries to ensure that individuals exempted under this subparagraph do not pose a threat to aviation or national security. (2) An air carrier, foreign air carrier, airport operator, or government that employs, or authorizes or makes a contract for the services of, an individual in a position described in paragraph (1) of this subsection shall ensure that the investigation the Administrator requires is conducted. (3) The Administrator shall provide for the periodic audit of the effectiveness of criminal history record checks conducted under paragraph (1) of this subsection. (b) Prohibited Employment.— (1) Except as provided in paragraph (3) of this subsection, an air carrier, foreign air carrier, airport operator, or government may not employ, or authorize or make a contract for the services of, an individual in a position described in subsection (a)(1) of this section if— (A) the investigation of the individual required under this section has not been conducted; or (B) the results of that investigation establish that, in the 10-year period ending on the date of the investigation, the individual was convicted (or found not guilty by reason of insanity) of— (i) a crime referred to in section 46306, 46308, 46312, 46314, or 46315 or chapter 465 of this title or section 32 of title 18; (ii) murder; (iii) assault with intent to murder; (iv) espionage; (v) sedition; (vi) treason; (vii) rape; (viii) kidnapping; (ix) unlawful possession, sale, distribution, or manufacture of an explosive or weapon; (x) extortion; (xi) armed or felony unarmed robbery; (xii) distribution of, or intent to distribute, a controlled substance; (xiii) a felony involving a threat; (xiv) a felony involving— (I) willful destruction of property; (II) importation or manufacture of a controlled substance; (III) burglary; (IV) theft; (V) dishonesty, fraud, or misrepresentation; (VI) possession or distribut... -
§ 44937 Prohibition on transferring duties and powers Amends
49 U.S.C. § 44937
The law today
Except as specifically provided by law, the Administrator of the Transportation Security Administration may not transfer a duty or power under section 44903(a), (b), (c), or (e), 44906, 44912, 44935, 44936, or 44938(b)(3) of this title to another department, agency, or instrumentality of the United States Government. -
§ 44938 Reports Amends
49 U.S.C. § 44938
The law today
(a) Transportation Security.— Not later than March 31 of each year, the Secretary of Homeland Security shall submit to Congress a report on transportation security with recommendations the Secretary considers appropriate. The report shall be prepared in conjunction with the biennial report the Administrator of the Transportation Security Administration submits under subsection (b) of this section in each year the Administrator of the Transportation Security Administration submits the biennial report, but may not duplicate the information submitted under subsection (b) or section 44907(a)(3) of this title. The Secretary may submit the report in classified and unclassified parts. The report shall include— (1) an assessment of trends and developments in terrorist activities, methods, and other threats to transportation; (2) an evaluation of deployment of explosive detection devices; (3) recommendations for research, engineering, and development activities related to transportation security, except research engineering and development activities related to aviation security to the extent those activities are covered by the national aviation research plan required under section 44501(c) of this title; (4) identification and evaluation of cooperative efforts with other departments, agencies, and instrumentalities of the United States Government; (5) an evaluation of cooperation with foreign transportation and security authorities; (6) the status of the extent to which the recommendations of the President’s Commission on Aviation Security and Terrorism have been carried out and the reasons for any delay in carrying out those recommendations; (7) a summary of the activities of the Director of Intelligence and Security in the 12-month period ending on the date of the report; (8) financial and staffing requirements of the Director; (9) an assessment of financial and staffing requirements, and attainment of existing staffing goals, for carrying out duties and powers of the Administrator of the Transportation Security Administration related to security; and (10) appropriate legislative and regulatory recommendations. (b) Screening and Foreign Air Carrier and Airport Security.— The Administrator of the Transportation Security Administration shall submit biennially to Congress a report— (1) on the effectiveness of procedures under section 44901 of this title; (2) that includes a summary of the assessments conducted under section 44907(a)(1) and (2) of this title; and (3) that includes an assessment of the steps being taken, and the progress being made, in ensuring compliance with section 44906 of this title for each foreign air carrier security program at airports outside the United States— (A) at which the Administrator of the Transportation Security Administration decides that Foreign Security Liaison Officers are necessary for air transportation security; and (B) for which extraordinary security measures are in place. -
§ 44940 Security service fee Amends
49 U.S.C. § 44940
The law today
(a) General Authority.— (1) Passenger fees.— The Administrator of the Transportation Security Administration shall impose a uniform fee, on passengers of air carriers and foreign air carriers in air transportation and intrastate air transportation originating at airports in the United States, to pay for the following costs of providing civil aviation security services: (A) Salary, benefits, overtime, retirement and other costs of screening personnel, their supervisors and managers, and Federal law enforcement personnel deployed at airport security screening locations under section 44901. (B) The costs of training personnel described in subparagraph (A), and the acquisition, operation, and maintenance of equipment used by such personnel. (C) The costs of performing background investigations of personnel described in subparagraphs (A), (D), (F), and (G). (D) The costs of the Federal air marshals program. (E) The costs of performing civil aviation security research and development under this title. (F) The costs of Federal Security Managers under section 44903. (G) The costs of deploying Federal law enforcement personnel pursuant to section 44903(h). (H) The costs of security-related capital improvements at airports. (I) The costs of training pilots and flight attendants under sections 44918 and 44921. (2) Determination of costs.— (A) In general.— The amount of the costs under paragraph (1) shall be determined by the Administrator of the Transportation Security Administration and shall not be subject to judicial review. (B) Definition of federal law enforcement personnel.— For purposes of paragraph (1)(A), the term “Federal law enforcement personnel” includes State and local law enforcement officers who are deputized under section 44922. (b) Schedule of Fees.— In imposing fees under subsection (a), the Administrator of the Transportation Security Administration shall ensure that the fees are reasonably related to the Transportation Security Administration’s costs of providing services rendered. (c) Limitation on Fee.— (1) Amount.— Fees imposed under subsection (a)(1) shall be $5.60 per one-way trip in air transportation or intrastate air transportation that originates at an airport in the United States, except that the fee imposed per round trip shall not exceed $11.20. (2) Definition of round trip.— In this subsection, the term “round trip” means a trip on an air travel itinerary that terminates or has a stopover at the origin point (or co-terminal). (3) Offsetting collections.— Beginning on October 1, 2027, fees collected under subsection (a)(1) for any fiscal year shall be credited as offsetting collections to appropriations made for aviation security measures carried out by the Transportation Security Administration, to remain available until expended. (d) Imposition of Fee.— (1) In general.— Notwithstanding section 9701 of title 31 and the procedural requirements of section 553 of title 5, the Administrator of the Transportation Security Administration shall impose the fee under subsection (a)(1) through the publication of notice of such fee in the Federal Register and begin collection of the fee as soon as possible. (2) Special rules passenger fees.— A fee imposed under subsection (a)(1) through the procedures under paragraph (1) of this subsection shall apply only to tickets sold after the date on which such fee is imposed. If a fee imposed under subsection (a)(1) through the procedures under paragraph (1) of this subsection on transportation of a passenger of a carrier described in subsection (a)(1) is not collected from the passenger, the amount of the fee shall be paid by the carrier. (3) Subsequent modification of fee.— After imposing a fee in accordance with paragraph (1), the Administrator of the Transportation Security Administration may modify, from time to time through publication of notice in the Federal Register, the imposition or collection of such fee, or both. (4) Limitation on collection.— No fee may be c...15 other bills also change this section · Follow it → Official text at uscode.house.gov ↗
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§ 44941 Immunity for reporting suspicious activities Amends
49 U.S.C. § 44941
The law today
(a) In General.— Any air carrier or foreign air carrier or any employee of an air carrier or foreign air carrier who makes a voluntary disclosure of any suspicious transaction relevant to a possible violation of law or regulation, relating to air piracy, a threat to aircraft or passenger safety, or terrorism, as defined by section 3077 of title 18, United States Code, to any employee or agent of the Department of Transportation, the Department of Homeland Security, the Department of Justice, any Federal, State, or local law enforcement officer, or any airport or airline security officer shall not be civilly liable to any person under any law or regulation of the United States, any constitution, law, or regulation of any State or political subdivision of any State, for such disclosure. (b) Application.— Subsection (a) shall not apply to— (1) any disclosure made with actual knowledge that the disclosure was false, inaccurate, or misleading; or (2) any disclosure made with reckless disregard as to the truth or falsity of that disclosure.1 other bill also changes this section · Follow it → Official text at uscode.house.gov ↗
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§ 44942 Performance goals and objectives Amends
49 U.S.C. § 44942
The law today
(a) Short Term Transition.— (1) In general.— The Administrator of the Transportation Security Administration may, in consultation with other relevant Federal agencies and Congress— (A) establish acceptable levels of performance for aviation security, including screening operations and access control; and (B) provide Congress with an action plan, containing measurable goals and milestones, that outlines how those levels of performance will be achieved. (2) Basics of action plan.— The action plan shall clarify the responsibilities of the Transportation Security Administration, the Federal Aviation Administration, and any other agency or organization that may have a role in ensuring the safety and security of the civil air transportation system. (b) Long-Term Results-Based Management.— (1) Performance plan.— (A) Each year, consistent with the requirements of the Government Performance and Results Act of 1993 (GPRA), the Secretary of Homeland Security and the Administrator of the Transportation Security Administration shall agree on a performance plan for the succeeding 5 years that establishes measurable goals and objectives for aviation security. The plan shall identify action steps necessary to achieve such goals. (B) In addition to meeting the requirements of GPRA, the performance plan should clarify the responsibilities of the Secretary of Homeland Security, the Administrator of the Transportation Security Administration, and any other agency or organization that may have a role in ensuring the safety and security of the civil air transportation system. (2) Performance report.— Each year, consistent with the requirements of GPRA, the Administrator of the Transportation Security Administration shall prepare and submit to Congress an annual report including an evaluation of the extent goals and objectives were met. The report shall include the results achieved during the year relative to the goals established in the performance plan. -
§ 44943 Performance management system Amends
49 U.S.C. § 44943
The law today
(a) Establishing a Fair and Equitable System for Measuring Staff Performance.— The Administrator of the Transportation Security Administration shall establish a performance management system which strengthens the organization’s effectiveness by providing for the establishment of goals and objectives for managers, employees, and organizational performance consistent with the performance plan. (b) Establishing Management Accountability for Meeting Performance Goals.— (1) In general.— Each year, the Secretary of Homeland Security and Administrator of the Transportation Security Administration shall enter into an annual performance agreement that shall set forth organizational and individual performance goals for the Administrator of the Transportation Security Administration. (2) Goals.— Each year, the Administrator of the Transportation Security Administration and each senior manager who reports to the Administrator shall enter into an annual performance agreement that sets forth organization and individual goals for those managers. All other employees hired under the authority of the Administrator shall enter into an annual performance agreement that sets forth organization and individual goals for those employees. (c) Performance-Based Service Contracting.— To the extent contracts, if any, are used to implement the Aviation and Transportation Security Act (Public Law 107–71; 115 Stat. 597), the Administrator of the Transportation Security Administration shall, to the extent practical, maximize the use of performance-based service contracts. These contracts should be consistent with guidelines published by the Office of Federal Procurement Policy. -
§ 44944 Voluntary provision of emergency services Amends
49 U.S.C. § 44944
The law today
(a) Program for Provision of Voluntary Services.— (1) Program.— The Administrator of the Transportation Security Administration shall carry out a program to permit qualified law enforcement officers, firefighters, and emergency medical technicians to provide emergency services on commercial air flights during emergencies. (2) Requirements.— The Administrator of the Transportation Security Administration shall establish such requirements for qualifications of providers of voluntary services under the program under paragraph (1), including training requirements, as the Administrator of the Transportation Security Administration considers appropriate. (3) Confidentiality of registry.— If as part of the program under paragraph (1) the Administrator of the Transportation Security Administration requires or permits registration of law enforcement officers, firefighters, or emergency medical technicians who are willing to provide emergency services on commercial flights during emergencies, the Administrator of the Transportation Security Administration shall take appropriate actions to ensure that the registry is available only to appropriate airline personnel and otherwise remains confidential. (4) Consultation.— The Administrator of the Transportation Security Administration shall consult with the Administrator of the Federal Aviation Administration, appropriate representatives of the commercial airline industry, and organizations representing community-based law enforcement, firefighters, and emergency medical technicians, in carrying out the program under paragraph (1), including the actions taken under paragraph (3). (b) Exemption From Liability.— An individual shall not be liable for damages in any action brought in a Federal or State court that arises from an act or omission of the individual in providing or attempting to provide assistance in the case of an in-flight emergency in an aircraft of an air carrier if the individual meets such qualifications as the Administrator of the Transportation Security Administration shall prescribe for purposes of this section. (c) Exception.— The exemption under subsection (b) shall not apply in any case in which an individual provides, or attempts to provide, assistance described in that paragraph in a manner that constitutes gross negligence or willful misconduct. -
§ 44945 Disposition of unclaimed money and clothing Amends
49 U.S.C. § 44945
The law today
(a) Disposition of Unclaimed Money.— Notwithstanding section 3302 of title 31, unclaimed money recovered at any airport security checkpoint shall be retained by the Transportation Security Administration and shall remain available until expended for the purpose of providing civil aviation security as required in this chapter. (b) Disposition of Unclaimed Clothing.— (1) In general.— In disposing of unclaimed clothing recovered at any airport security checkpoint, the Administrator of the Transportation Security Administration shall make every reasonable effort, in consultation with the Secretary of Veterans Affairs, to transfer the clothing to the local airport authority or other local authorities for donation to charity, including local veterans organizations or other local charitable organizations for distribution to homeless or needy veterans and veteran families. (2) Agreements.— In implementing paragraph (1), the Administrator of the Transportation Security Administration may enter into agreements with airport authorities. (3) Other charitable arrangements.— Nothing in this subsection shall prevent an airport or the Transportation Security Administration from donating unclaimed clothing to a charitable organization of their choosing. (4) Limitation.— Nothing in this subsection shall create a cost to the Government.2 other bills also change this section · Follow it → Official text at uscode.house.gov ↗
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§ 44946 Aviation Security Advisory Committee Amends
49 U.S.C. § 44946
The law today
(a) Establishment.— The Administrator shall establish within the Transportation Security Administration an aviation security advisory committee. (b) Duties.— (1) In general.— The Administrator shall consult the Advisory Committee, as appropriate, on aviation security matters, including on the development, refinement, and implementation of policies, programs, rulemaking, and security directives pertaining to aviation security, while adhering to sensitive security guidelines. (2) Recommendations.— (A) In general.— The Advisory Committee shall develop, at the request of the Administrator, recommendations for improvements to aviation security. (B) Recommendations of subcommittees.— Recommendations agreed upon by the subcommittees established under this section shall be approved by the Advisory Committee before transmission to the Administrator. (3) Periodic reports.— The Advisory Committee shall periodically submit to the Administrator— (A) reports on matters identified by the Administrator; and (B) reports on other matters identified by a majority of the members of the Advisory Committee. (4) Annual report.— The Advisory Committee shall submit to the Administrator an annual report providing information on the activities, findings, and recommendations of the Advisory Committee, including its subcommittees, for the preceding year. Not later than 6 months after the date that the Administrator receives the annual report, the Administrator shall publish a public version describing the Advisory Committee’s activities and such related matters as would be informative to the public consistent with the policy of section 552(b) of title 5. (5) Feedback.— Not later than 90 days after receiving recommendations transmitted by the Advisory Committee under paragraph (2) or (4), the Administrator shall respond in writing to the Advisory Committee with feedback on each of the recommendations, an action plan to implement any of the recommendations with which the Administrator concurs, and a justification for why any of the recommendations have been rejected. (6) Congressional notification.— Not later than 30 days after providing written feedback to the Advisory Committee under paragraph (5), the Administrator shall notify the Committee on Commerce, Science, and Transportation of the Senate and the Committee on Homeland Security of the House of Representatives on such feedback, and provide a briefing upon request. (7) Report to congress.— Prior to briefing the Committee on Commerce, Science, and Transportation of the Senate and the Committee on Homeland Security of the House of Representatives under paragraph (6), the Administrator shall submit to such committees a report containing information relating to the recommendations transmitted by the Advisory Committee in accordance with paragraph (4). (c) Membership.— (1) Appointment.— (A) In general.— The Administrator shall appoint the members of the Advisory Committee. (B) Composition.— The membership of the Advisory Committee shall consist of individuals representing not more than 34 member organizations. Each organization shall be represented by 1 individual (or the individual’s designee). (C) Representation.— The membership of the Advisory Committee shall include representatives of air carriers, all-cargo air transportation, indirect air carriers, labor organizations representing air carrier employees, labor organizations representing transportation security officers, aircraft manufacturers, airport operators, airport construction and maintenance contractors, labor organizations representing employees of airport construction and maintenance contractors, general aviation, privacy organizations, the travel industry, airport-based businesses (including minority-owned small businesses), businesses that conduct security screening operations at airports, aeronautical repair stations, passenger advocacy groups, the aviation security technology industry (including screening technology and biometrics), v...1 other bill also changes this section · Follow it → Official text at uscode.house.gov ↗
Alcohol and controlled substances testing · 49 U.S.C. ch. 451 1 section
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§ 45107 Transportation Security Administration Amends
49 U.S.C. § 45107
The law today
(a) Transfer of Functions Relating to Testing Programs With Respect to Airport Security Screening Personnel.— The authority of the Administrator of the Federal Aviation Administration under this chapter with respect to programs relating to testing of airport security screening personnel are transferred to the Administrator of the Transportation Security Administration. Notwithstanding section 45102(a), the regulations prescribed under section 45102(a) shall require testing of such personnel by their employers instead of by air carriers and foreign air carriers. (b) Applicability of Chapter With Respect to Employees of Administration.— The provisions of this chapter that apply with respect to employees of the Federal Aviation Administration whose duties include responsibility for safety-sensitive functions shall apply with respect to employees of the Transportation Security Administration whose duties include responsibility for security-sensitive functions.
Vessels in territorial waters of united states · 50 U.S.C. ch. 12 3 sections
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§ 191 Transferred Amends
50 U.S.C. § 191
This section is transferred in the current Code.
4 other bills also change this section · Follow it → Official text at uscode.house.gov ↗
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§ 192 Transferred Amends
50 U.S.C. § 192
This section is transferred in the current Code.
2 other bills also change this section · Follow it → Official text at uscode.house.gov ↗
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§ 194 Transferred Amends
50 U.S.C. § 194
This section is transferred in the current Code.
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Defense against weapons of mass destruction · 50 U.S.C. ch. 40 1 section
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§ 2314 Chemical, biological, radiological, nuclear, and high-yield explosives response team Amends
50 U.S.C. § 2314 — at 2314(b)
The law today
(a) Department of Defense rapid response team The Secretary of Defense shall develop and maintain at least one domestic terrorism rapid response team composed of members of the Armed Forces and employees of the Department of Defense who are capable of aiding Federal, State, and local officials in the detection, neutralization, containment, dismantlement, and disposal of weapons of mass destruction containing chemical, biological, radiological, nuclear, and high-yield explosives. (b) Addition to Federal response plans The Secretary of Homeland Security shall incorporate into the National Response Plan prepared pursuant to section 502(6) 1 of the Homeland Security Act of 2002 (6 U.S.C. 312(6)), other existing Federal emergency response plans, and programs prepared under section 5196(b) of title 42 guidance on the use and deployment of the rapid response teams established under this section to respond to emergencies involving weapons of mass destruction. The Secretary of Homeland Security shall carry out this subsection in coordination with the Secretary of Defense and the heads of other Federal agencies involved with the emergency response plans.
Also cites: 2 U.S.C. § 901, 5 U.S.C. § 105, 5 U.S.C. § 306, 5 U.S.C. § 552, 5 U.S.C. § 552a, 5 U.S.C. § 553, 5 U.S.C. § 2105, 5 U.S.C. § 3109, 5 U.S.C. § 5316, 5 U.S.C. § 7211, 6 U.S.C. § 122, 6 U.S.C. § 124a and 132 more
Action History
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By Senator Johnson from Committee on Homeland Security and Governmental Affairs filed written report. Report No. 115-351.
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By Senator Johnson from Committee on Homeland Security and Governmental Affairs filed written report. Report No. 115-351.
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Committee on Homeland Security and Governmental Affairs. Reported by Senator Johnson with an amendment in the nature of a substitute. Without written report.
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Committee on Homeland Security and Governmental Affairs. Reported by Senator Johnson with an amendment in the nature of a substitute. Without written report.
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Placed on Senate Legislative Calendar under General Orders. Calendar No. 381.
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Committee on Homeland Security and Governmental Affairs. Ordered to be reported with an amendment in the nature of a substitute favorably.
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Committee on Homeland Security and Governmental Affairs. Hearings held. Hearings printed: S.Hrg. 115-457.
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Mr. McCaul moved to suspend the rules and pass the bill, as amended.
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Considered under suspension of the rules. (consideration: CR H6047-6120)
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DEBATE - The House proceeded with forty minutes of debate on H.R. 2825.
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At the conclusion of debate, the Yeas and Nays were demanded and ordered. Pursuant to the provisions of clause 8, rule XX, the Chair announced that further proceedings on the motion would be postponed.
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Considered as unfinished business. (consideration: CR H6128)
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Passed/agreed to in House: On motion to suspend the rules and pass the bill, as amended Agreed to by the Yeas and Nays: (2/3 required): 386 - 41 (Roll no. 403).(text: CR H6047-6109)
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On motion to suspend the rules and pass the bill, as amended Agreed to by the Yeas and Nays: (2/3 required): 386 - 41 (Roll no. 403). (text: CR H6047-6109)
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Motion to reconsider laid on the table Agreed to without objection.
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Received in the Senate and Read twice and referred to the Committee on Homeland Security and Governmental Affairs.
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Reported (Amended) by the Committee on Homeland Security. H. Rept. 115-198.
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Reported (Amended) by the Committee on Homeland Security. H. Rept. 115-198.
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Placed on the Union Calendar, Calendar No. 135.
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Committee Consideration and Mark-up Session Held.
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Ordered to be Reported (Amended).
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Introduced in House
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Introduced in House
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Referred to the House Committee on Homeland Security.
Sponsors
- Michael T. McCaul · Primary
Sponsorship breakdown
Export CSV (upgrade) →1 sponsors · 0 co-sponsors · 546 not signed on
Sponsors (1)
- McCaul, Michael T. Republican
Co-sponsors (0)
None.
Not signed on (546)
546 members have not signed on to this bill.
Show all 546 →"Not signed on" means a member has not sponsored or co-sponsored this bill — it does not imply opposition. Members flagged Voted No have a recorded No vote on this bill.
Subjects
Frequently asked questions
- What does HR 2825 do?
- Department of Homeland Security Authorization Act or the DHS Authorization Act DIVISION A--HOMELAND SECURITY TITLE I--DEPARTMENT OF HOMELAND SECURITY HEADQUARTERS Department of Homeland Security Authorization Act for Fiscal Years 2018 and 2019 Subtitle A--Headquarters Operations (Sec. 1101) This bill amends the Homeland Security Act of 2002 (HSA) to define "homeland security enterprise" as any relevant governmental or nongovernmental entity involved in homeland security, including a federal, state, or local government official, private sector representative, academic, or other policy expert. (Sec. 1102) The Department of Homeland Security (DHS) shall coordinate through the Office of Partnership and Engagement (established by this bill) with specified entities, including by entering into agreements with governments of other countries and international nongovernmental organizations to achieve DHS missions. The bill establishes in DHS a Headquarters, which shall include: the Office of the Secretary; the Office of the Deputy Secretary; the Executive Secretary; the Management Directorate, including the Office of the Chief Financial Officer; the Office of Strategy, Policy, and Plans; the Office of the General Counsel; the Office of the Chief Privacy Officer; the Office for Civil Rights and Civil Liberties; the Office of Operations Coordination; the Office of Intelligence and Analysis; the Office of Legislative Affairs; the Office of Public Affairs; the Office of the Inspector General; the Office of the Citizenship and Immigration Services Ombudsman; and the Office of Partnership and Engagement. DHS, acting through its appropriate Headquarters' official, shall: establish an overall strategy to successfully further its mission; establish initiatives that improve DHS-wide operational performance; establish mechanisms to ensure that DHS components comply with department policies and fully implement DHS strategies and initiatives; establish annual operational and management objectives to evaluate the performance of DHS; ensure that DHS successfully meets operational and management performance objectives by conducting oversight of component agencies; ensure that the strategies, priorities, investments, and workforce of DHS components align with DHS objectives; establish and implement policies related to DHS ethics and compliance standards; establish and implement policies which preserve individual liberty, fairness, and equality under the law; manage and encourage shared services across DHS components; and lead and coordinate interaction with Congress and other external organizations. (Sec. 1103) The position of Director of Shared Services of DHS and the Office of Counternarcotics Enforcement are abolished. (Sec. 1104) DHS shall appoint a Chief Privacy Officer, whose duties shall include developing guidance to assist DHS components in developing privacy policies and practices and serving as the Chief Freedom of Information Officer of DHS to manage and process requests under the Freedom of Information Act (FOIA) and develop guidance on procedures for meeting FOIA requests. (Sec. 1105) The Chief Financial Officer of DHS shall: oversee DHS budget formulation and execution; lead and provide guidance on performance-based budgeting practices for DHS; lead cost-estimating practices for DHS, including the development of policies on cost estimating and approval of life cycle cost estimates; coordinate with the Office of Strategy, Policy, and Plans to ensure that the development of the budget for DHS is compatible with its long-term strategic plans, priorities, and policies; develop financial management policy for DHS and oversee the implementation of such policy; provide guidance for and over financial system modernization efforts throughout DHS; lead the efforts of DHS related to financial oversight, including identifying ways to streamline and standardize business processes; oversee the costs of acquisition programs and related activities to ensure that actual and planned costs are in accordance with budget estimates and are affordable, or can be adequately funded, over the life cycle of such programs and activities; fully implement a common accounting structure for all DHS offices and components by FY2020; and track, approve, oversee, and make public information on expenditures by DHS components for conferences. (Sec. 1106) The Chief Information Officer of DHS shall serve as the lead technical authority for information technology programs of DHS and its components. In coordination with the Chief Financial Officer, the Chief Information Officer shall develop an information technology strategic plan every five years and report to Congress on the extent to which: the DHS budget aligns with priorities specified in the information technology strategic plan, the information technology strategic plan informs the DHS budget process, information technology priorities were or were not funded and the reasons for not funding all priorities in a given fiscal year, DHS has identified and addressed skills gaps needed to implement the information technology strategic plan, and unnecessary duplicate information technology has been eliminated. Not later than 180 days after this bill's enactment and every two years thereafter until 2022, the Chief Information Officer shall: conduct a DHS-wide inventory of all existing software licenses, including utilized and unutilized licenses; assess the needs of DHS and its components for software licenses for the subsequent two fiscal years; examine how DHS can achieve the greatest possible economies of scale and cost savings in the procurement of software licenses; determine how the use of shared cloud-computing services will impact the needs for software licenses for the subsequent two fiscal years; establish plans and estimated costs for eliminating unutilized software licenses for the subsequent two fiscal years; and submit a copy of each inventory conducted to Congress. If the Chief Information Officer determines through the inventory that the number of software licenses held by DHS and its components exceed the needs of the department, DHS shall establish a plan for reducing the number of such software licenses to meet its needs. No additional resources may be obligated for the procurement of new software licenses for DHS until such time as its need exceeds the number of its used and unused licenses. The Chief Information Officer may, however, authorize the purchase of additional licenses and amend the number of needed licenses as necessary. Not later than FY2019, the Government Accountability Office (GAO) shall review the extent to which the DHS Chief Information Officer has fulfilled all requirements relating to information technology and licenses. Not later than one year after this bill's enactment, the Chief Information Officer shall complete the first required information technology strategic plan. (Sec. 1107) In each quadrennial homeland security review conducted after December 31, 2017, DHS shall collaborate with the Homeland Security Advisory Committee in conducting a review and use a risk assessment when evaluating threats to the homeland. DHS must report to Congress on such review and retain pertinent documentation regarding such review, including: (1) records regarding consultation with specified agencies, officials, representatives from advisory committees, and other relevant entities; and (2) information regarding the required risk assessment. Not later than 90 days after the submission of each report, DHS shall provide to the congressional homeland security committees information on the degree to which the findings and recommendations developed in the quadrennial homeland security review covered by the report were integrated into the acquisition strategy and expenditure plans for DHS. (Sec. 1108) The Office of Strategy, Policy, and Plans shall include: the Office of International Affairs; the Office of Cyber, Infrastructure, and Resilience Policy; the Office of Strategy, Planning, Analysis, and Risk; the Office of Threat Prevention and Security Policy; and the Office of Border, Immigration, and Trade Policy. The Office of International Affairs shall be led by an Assistant Secretary for International Affairs appointed by the DHS Secretary. The Assistant Secretary shall have specified duties, including coordinating international activities within DHS and providing guidance on the deployment of assets, including personnel, outside the United States and the training of such personnel. The Office of International Affairs within the Office of the Secretary of Homeland Security is abolished. The bill establishes a Homeland Security Advisory Council to provide advice and recommendations on homeland security-related matters, including advice with respect to the preparation of the Quadrennial Homeland Security Review. DHS must review its components that are responsible for international affairs to identify and eliminate areas of unnecessary duplication and submit to the congressional homeland security committees an action plan to address areas of duplication and opportunities for cost savings and revenue enhancement. (Sec. 1109) The bill establishes in DHS an Office of External Affairs, headed by a Principal Assistant Secretary for External Affairs. The office shall include the following components: the Office of Legislative Affairs, the Office of Public Affairs, and the Office of Partnership and Engagement. The Assistant Secretary for Partnership and Engagement shall be appointed by the DHS Secretary and shall: lead DHS efforts to incorporate external feedback from stakeholders into policy and strategic planning efforts in consultation with the Office for Civil Rights and Civil Liberties; conduct certain terrorism prevention activities; advise the Secretary on the effects of the policies, regulations, processes, and actions of DHS on the private sector and create and foster strategic communications with the private sector to enhance the primary DHS mission to protect the homeland; coordinate DHS activities relating to state and local governments; and provide state and local governments with regular information, research, and technical support to assist local efforts to secure the homeland. The functions authorized to be performed by the Office for State and Local Law Enforcement of DHS are transferred to the Office of Partnership and Engagement. The Office for State and Local Government Coordination of DHS is abolished. Its functions are transferred to the Office of Partnership and Engagement. The position of Special Assistant to the Secretary is abolished. The functions of the Special Assistant are transferred to the Office of Partnership and Engagement. (Sec. 1110) The bill establishes in DHS a Chief Procurement Officer who shall serve as a senior business advisor to DHS officials on procurement-related matters and report directly to the Under Secretary for Management. The Chief Procurement Officer's duties shall include issuing procurement policies and ensuring compliance with those policies. (Sec. 1111) The bill establishes in DHS a Chief Security Officer, who shall report directly to the Under Secretary for Management. The Chief Security Officer shall: develop and implement the security policies, programs, and standards of DHS; identify training and provide education to DHS personnel on security-related matters; and provide support to DHS components on security-related matters. (Sec. 1112) The heads of offices and components of DHS must promptly advise the DHS Inspector General of all allegations of misconduct with respect to which the Inspector General has investigative authority under the Inspector General Act of 1978. (Sec. 1113) The bill establishes in DHS an Office for Civil Rights and Civil Liberties. Under the direction of the Officer for Civil Rights and Civil Liberties, the office shall support the officer in: integrating civil rights and civil liberties into DHS activities; investigating complaints and information indicating possible abuses of civil rights or civil liberties, unless the DHS Inspector General determines that any such complaint or information should be investigated by the Inspector General; carrying out DHS's equal employment opportunity and diversity policies and programs, including complaint management and adjudication; and communicating with individuals and communities whose civil rights and civil liberties may be affected by DHS activities. (Sec. 1114) The Homeland Security Rotation Program is modified to: (1) foster greater departmental integration and unity of effort; (2) help enhance the knowledge, skills, and abilities of participating personnel with respect to DHS programs, policies, and activities; and (3) improve morale and retention throughout DHS. DHS must disseminate information about the availability of the program and provide criteria for the selection, retention, and performance evaluations of employees participating in the program. DHS shall establish an Intelligence Rotational Assignment Program as part of the program. The Chief Human Capital Officer, in conjunction with the Chief Intelligence Officer, shall administer the Intelligence Rotational Assignment Program. The Intelligence Rotational Assignment Program shall be open to employees serving in existing analyst positions within DHS's Intelligence Enterprise and other appropriate DHS employees. DHS shall provide to Congress information on status of the program within 120 days after the enactment of this bill. (Sec. 1115) This section requires, not later than 60 days after the submission of the President's budget, DHS to submit to the congressional homeland security committees a Future Years Homeland Security Program that covers the fiscal year for which the budget is submitted and the four succeeding fiscal years. On and after February 1, 2018, each Future Years Homeland Security Program shall project acquisition estimates for the fiscal year for which the budget is submitted and the four succeeding fiscal years and estimated annual deployment schedules for all physical asset major acquisitions. (Sec. 1116) Not later than 270 days after the enactment of this bill, DHS shall submit to Congress a field efficiencies plan that: (1) examines the facilities and administrative and logistics functions of DHS components located within designated geographic areas, and (2) provides specific recommendations and an associated cost-benefit analysis for the consolidation of the facilities and administrative and logistics functions of DHS components within each such area. The field efficiencies plan shall include an accounting of DHS leases, an evaluation of specific DHS facilities that may be closed or consolidated, and implementation plan, and an accounting of any consolidation of the real estate footprint of DHS. (Sec. 1117) For each fiscal year until FY2023, DHS shall provide to Congress, together with its annual budget request, information on: (1) any circumstance during the year covered by the report in which DHS exercised the authority to reprogram or transfer funds to address unforeseen costs, including costs associated with operational surges; and (2) any circumstance in which any limitation on the transfer or reprogramming of funds affected the ability of DHS to address such unforeseen costs. (Sec. 1118) DHS must submit a report to the congressional homeland security committees that includes: a detailed accounting of the management and administrative expenditures and activities of each DHS component that identifies potential cost savings, avoidances, and efficiencies for those expenditures and activities; an examination of major physical assets of DHS; a review of the size, experience level, and geographic distribution of the operational personnel of DHS; and recommendations for adjustments in the management and administration of DHS that would reduce deficiencies in DHS capabilities, reduce costs, and enhance efficiencies. (Sec. 1119) DHS must assess the organization and management of its research and development activities and develop and submit to Congress within six months of enactment of this bill a proposed organizational structure for the efficient and effective management of such activities. DHS shall: (1) assess the organization and management of its chemical, biological, radiological, nuclear, and explosives activities, including the activities of the Office of Health Affairs, the Domestic Nuclear Detection Office, and the Office for Bombing Prevention; and (2) by six months after this bill's enactment, develop and submit a proposed organizational structure to ensure enhanced coordination, effectiveness, and efficiency by providing strengthened chemical, biological, radiological, nuclear, and explosives capabilities in support of homeland security. The GAO must submit a review of the organizational justifications. (Sec. 1120) The Under Secretary for Strategy, Policy, and Plans must include feedback from organizations representing the needs of children when reviewing and incorporating external stakeholder feedback into DHS policy. Subtitle B--Human Resources and Other Matters (Sec. 1131) This section sets forth additional duties of the DHS Chief Human Capital Officer, including maintaining an catalogue of available employee development opportunities and ensuring that employee discipline and adverse action programs comply with applicable law and due process requirements. (Sec. 1132) DHS shall establish an employee engagement steering committee to address issues relating to employee engagement, morale, and communications. The Chief Human Capital Officer shall issue a DHS-wide employee engagement action plan and submit such plan to the congressional homeland security committees. (Sec. 1133) DHS may establish an annual employee award program to recognize DHS employees for significant contributions to the achievement of DHS goals and missions. (Sec. 1134) The GAO must utilize DHS reports to investigate whether the application of discipline and adverse actions by DHS is administered in an equitable and consistent manner. After such investigation, the DHS Under Secretary for Management shall implement a plan to correct any relevant deficiencies identified by the GAO. (Sec. 1135) DHS must provide guidance to its components and offices on the implementation of executive orders affecting DHS operations. (Sec. 1136) DHS must continue to prioritize providing assistance, on a voluntary basis, to state and local election officials to protect election infrastructure. TITLE II--DEPARTMENT OF HOMELAND SECURITY ACQUISITION ACCOUNTABILITY AND EFFICIENCY Subtitle A--Acquisition Authorities (Sec. 1211) The Under Secretary for Management of DHS shall be responsible for acquisition management and shall have the following functions and responsibilities: advising the Secretary on acquisition management activities; leading the acquisition oversight body of DHS, the Acquisition Review Board, and exercising the acquisition decision authority to approve, pause, modify (including the rescission of approvals of program milestones), or cancel major acquisition programs, unless the Under Secretary delegates such authority to a Component Acquisition Executive; establishing policies for acquisition that implement an approach that takes into account risks of failure to achieve cost, schedule, or performance parameters; ensuring that each major acquisition program has a DHS-approved acquisition program baseline; ensuring that the heads of components and component acquisition executives comply with federal law, the Federal Acquisition Regulation, and DHS acquisition management directives; providing additional scrutiny and oversight for an acquisition that is not a major acquisition; ensuring that grants and financial assistance are provided only to individuals and organizations that are not suspended or debarred; distributing guidance throughout DHS to ensure that contractors involved in acquisitions, particularly contractors that access its information systems and technologies, adhere to relevant DHS policies related to physical and information security; overseeing the Component Acquisition Executive organizational structure to ensure component acquisition executives have sufficient capabilities and comply with DHS acquisition policies; and ensuring acquisition decision memoranda adequately document decisions. The Under Secretary may delegate acquisition decision authority for acquisition programs with a specified life cycle cost estimate. The Under Secretary and the Under Secretary for Science and Technology shall cooperate in matters related to the coordination of acquisitions across DHS so that investments of the Directorate of Science and Technology are able to support current and future requirements of DHS components. The bill sets forth the duties of the Under Secretary for Science and Technology with respect to major acquisition programs. (Sec. 1212) The Office of Program Analysis and Evaluation shall oversee the costs of acquisition programs and related activities to ensure that actual and planned costs are in accordance with budget estimates and are affordable, or can be adequately funded, over the life cycle of such programs and activities. (Sec. 1213) This section sets forth additional acquisition responsibilities of the DHS Chief Information Officer. (Sec. 1214) This section establishes the Program Accountability and Risk Management Office in the DHS Management Directorate. The purpose of the office is to: (1) provide consistent accountability, standardization, and transparency of major acquisition programs of DHS; and (2) serve as the central oversight function for all DHS acquisition programs. The office shall be led by an Executive Director, who shall report directly to the Under Secretary for Management, and shall monitor the performance of DHS acquisition programs. Each head of a DHS component shall comply with federal law, the Federal Acquisition Regulation, and DHS acquisition management directives established by the Under Secretary. For each major acquisition program, component heads shall: define baseline requirements and document changes to such requirements; establish a complete life cycle cost estimate; verify each life cycle cost estimate against independent cost estimates, and reconcile any differences; complete a cost-benefit analysis with supporting documentation; develop and maintain a schedule that is consistent with scheduling best practices; and ensure that all acquisition program information is complete, accurate, timely, and valid. For each major acquisition program, the Executive Director responsible for the preparation of the Comprehensive Acquisition Status Report shall require certain acquisition documentation to be submitted by DHS components or offices. DHS may waive such requirement under certain conditions. (Sec. 1215) The Under Secretary for Management may: designate an individual within DHS to manage acquisition innovation efforts; test emerging acquisition best practices to carrying out acquisitions, consistent with the Federal Acquisition Regulation and DHS acquisition management directives; develop and distribute best practices and lessons learned regarding acquisition innovation; establish metrics to measure the effectiveness of acquisition innovation efforts; and determine impacts of acquisition innovation efforts on the private sector. By 90 days after DHS submits its annual budget justification for each of FY2019-FY2023, it shall provide information to the congressional homeland security committees on: emerging acquisition best practices; efforts to distribute best practices and lessons; utilization by components throughout DHS of best practices distributed by the Under Secretary of Management; performance as measured by the metrics established; outcomes of efforts to distribute best practices and lessons learned within DHS; any impacts of the utilization of innovative acquisition mechanisms by DHS on the private sector, including small businesses; criteria used to identify specific acquisition programs or activities to be included in acquisition innovation efforts and the outcomes of such programs or activities; and recommendations to enhance acquisition innovation in DHS. Subtitle B--Acquisition Program Management Discipline (Sec. 1221) DHS shall establish an Acquisition Review Board to: (1) strengthen accountability and uniformity within the DHS acquisition review process, (2) review major acquisition programs (programs estimated to require a total expenditure of at least $300 million over their life cycle costs), and (3) review the use of best practices. The board shall convene at DHS's discretion and whenever: (1) a major acquisition program requires authorization to proceed from one acquisition decision event to another, is in breach of its approved requirements, or requires additional review; or (2) a non-major acquisition program requires review. If the person exercising acquisition decision authority over a major acquisition program approves such program to proceed into the planning phase before such program has a DHS-approved acquisition program baseline, DHS shall: (1) create and approve a baseline report regarding such approval; (2) notify Congress within seven days after an acquisition decision memorandum is signed; and (3) within 60 days after such signing, report on the rationale for such decision and a plan of action to require an acquisition program baseline for such program. DHS shall report annually to the congressional homeland security committees through FY2022 on the board's activities, including information on: any acquisition decision memoranda for each meeting of the board, results of systematic reviews, results of acquisition document reviews, and activities to ensure that practices are adopted and implemented throughout DHS. (Sec. 1222) The DHS Deputy Secretary shall establish DHS-wide policies to integrate all phases of the investment life cycle and help DHS identify, validate, and prioritize common component requirements for major acquisition programs. The policies shall also include strategic alternatives for developing and facilitating a DHS component-driven requirements process that includes oversight of a development test and evaluation capability; identification of priority gaps and overlaps in DHS capability needs; and provision of feasible technical alternatives, including innovative commercially available alternatives, to meet capability needs. The Deputy Secretary shall consult with the Under Secretary for Management, Component Acquisition Executives, and any other DHS officials, including the Under Secretary for Science and Technology, with specific knowledge of DHS or component acquisition capabilities to prevent unnecessary duplication of requirements. The bill sets forth additional responsibilities of the Deputy Secretary with respect to major investments and acquisition programs. (Sec. 1223) DHS may establish a leadership council to ensure coordination and improve programs and activities of DHS. The council shall: (1) serve as coordinating forums; (2) advise the Secretary and Deputy Secretary on DHS strategy, operations, and guidance; and (3) consider and report on such other matters as the Secretary or Deputy Secretary may direct. (Sec. 1224) The GAO shall conduct a review of the effectiveness of the Acquisition Review Board and the requirements established to reduce unnecessary duplication in acquisition programs. (Sec. 1225) DHS must report to Congress on waivers issued to allow agencies to engage in business with a contractor in the Excluded Party List System maintained by the General Services Administration and provide a justification for such waivers. (Sec. 1226) The DHS Inspector General shall: (1) conduct audits regarding grant and procurement awards to identify instances in which a contract or grant was improperly awarded; and (2) review the suspension and debarment program throughout DHS. Subtitle C--Acquisition Program Management Accountability and Transparency (Sec. 1231) If a breach occurs in a major acquisition program, the program manager for such program shall notify the Component Acquisition Executive for such program, the head of the component concerned, the Executive Director of the Program Accountability and Risk Management Division, the Under Secretary for Management, and the Deputy Secretary not later than 30 days after such breach is identified. If a breach occurs in a major acquisition program and such breach results in a cost overrun greater than 15%, a schedule delay greater than 180 days, or a failure to meet any of the performance thresholds, the Component Acquisition Executive for such program shall notify the Secretary and the Inspector General of DHS not later than five business days after the Component Acquisition Executive for such program, the head of the component concerned, the Executive Director of the Program Accountability and Risk Management Division, the Under Secretary for Management, and the Deputy Secretary are notified of the breach. The program manager for a major acquisition program shall submit a remediation plan and root cause analysis for a breach. The Under Secretary for Management shall review the remediation plan. The Under Secretary may approve such plan or provide an alternative proposed corrective action within 30 days of the submission of such plan. The Under Secretary shall submit to the congressional homeland security committees: (1) a copy of the remediation plan and the root cause analysis, and (2) a statement describing the corrective action or actions that have occurred for the major acquisition program at issue. If a likely cost overrun is greater than 20% or a likely delay is greater than 12 months from the costs and schedule specified in the acquisition program baseline for a major acquisition program, the Under Secretary for Management shall include in the notification a written certification, with supporting explanations. (Sec. 1232) DHS must submit to congressional committees and the GAO a multiyear acquisition strategy to guide the overall direction of DHS acquisitions. The GAO shall review the strategy to analyze its effectiveness. (Sec. 1233) At the same time as the President's budget is submitted for a fiscal year, the Under Secretary for Management shall submit to the congressional homeland security committees an annual comprehensive acquisition status report. The report shall include: specified information required under the Consolidated Appropriations Act, 2012; a listing of programs that have been cancelled, modified, paused, or referred to the Under Secretary for Management or Deputy Secretary for additional oversight or action by the board, DHS Office of Inspector General, or the GAO; and a listing of established Executive Steering Committees. The report shall include specified information for major acquisition programs. The Under Secretary for Management shall prepare a quarterly program accountability report to meet the mandate of DHS to perform program health assessments and improve program execution and governance. Not later than 60 days after the enactment of this bill, component heads of DHS shall identify to the Under Secretary for Management all level 3 acquisition programs of each respective component. Not later than 30 days after receipt of such information, the Under Secretary shall certify in writing to the congressional homeland security committees whether such component heads have properly identified such programs. The Under Secretary shall establish a process with a repeatable methodology to continually identify level 3 acquisition programs. Not later than 180 days after the enactment of this bill, component heads of DHS shall submit to the Under Secretary their respective policies and relevant guidance for level 3 acquisition programs of each respective component. Not later than 90 days after receipt of such policies and guidance, the Under Secretary shall certify to the congressional homeland security committees that each component's respective policies and guidance adhere to DHS-wide acquisition policies. TITLE III--INTELLIGENCE AND INFORMATION SHARING Subtitle A--Department of Homeland Security Intelligence Enterprise (Sec. 1301) This title requires the DHS Chief Intelligence Officer, in coordination with other DHS intelligence components, to develop and disseminate DHS-wide guidance for the processing, analysis, production, and dissemination of homeland security information and terrorism information. (Sec. 1302) DHS shall assist the Chief Intelligence Officer by providing experienced staff with appropriate expertise. (Sec. 1303) DHS must conduct assessments of the terrorist threat to the homeland for each of the next five fiscal years. (Sec. 1304) DHS shall develop a framework to integrate existing DHS datasets and systems for access by authorized personnel. (Sec. 1305) DHS shall establish an Insider Threat Program to provide training and education for DHS personnel to identify, prevent, mitigate and respond to insider threat risks. An insider threat is defined as the threat that a person who has access to classified national security information will use that access, wittingly or unwittingly, to do harm to the security of the United States. (Sec. 1306) DHS shall develop and disseminate a threat assessment regarding the actual and potential threat posed by individuals using virtual currency to carry out activities in furtherance of an act of terrorism. (Sec. 1307) DHS must establish a board to coordinate and integrate departmental intelligence, activities, and policy related to the counterterrorism mission and functions of DHS. The board shall advise DHS about the issuance of terrorism alerts. (Sec. 1308) DHS shall conduct a threat assessment on whether human smuggling organizations and transnational gangs are exploiting vulnerabilities in border security screening programs to gain access to the United States and threaten the United States or border security. (Sec. 1309) DHS must review all sensitivity level designations of national security positions and ensure the designation of the sensitivity level of such positions is conducted in a manner consistent with federal guidelines. Subtitle B--Stakeholder Information Sharing (Sec. 1311) DHS's State, Local, and Regional Fusion Center is renamed the Department of Homeland Security Fusion Center Partnership Initiative. A fusion center is a collaborative effort of two or more federal, state, local, or tribal government agencies that combine resources to detect, prevent, and respond to criminal or terrorist activity. (Sec. 1312) The GAO shall conduct an assessment of DHS personnel assigned to fusion centers and whether deploying additional personnel would enhance DHS's mission. (Sec. 1313) DHS shall submit a report on top secret clearance processes. (Sec. 1314) DHS shall conduct an assessment of information systems used to share homeland security information between DHS and fusion centers. (Sec. 1315) DHS must maintain an inventory of DHS facilities certified to house classified infrastructure or systems at the secret level and above. (Sec. 1316) DHS shall share with fusion centers release information of individuals from a federal correctional facility who may pose a terrorist threat. (Sec. 1317) DHS shall report on the activities of the Office for State and Local Law Enforcement, including efforts to coordinate and share information about agency programs, to state, local, and tribal law enforcement agencies. (Sec. 1318) The Office of State and Local Law Enforcement shall produce an annual catalog that summarizes opportunities available to state, local, and tribal law enforcement agencies from DHS. TITLE IV--MARITIME SECURITY (Sec. 1401) This section revises the reporting date for updates of the strategic plan to enhance the security of the international supply chain. (Sec.1402) This section updates reporting requirements for the Container Security Initiative. (Sec. 1403) This section requires the Area Maritime Security Advisory Committee to facilitate the sharing of information relating to cybersecurity risks and incidents for any U.S. port area. (Sec. 1404) This section revises inspection intervals for DHS facilities. (Sec. 1405) This section requires DHS to submit to Congress a maritime operations coordination plan and updates for such plans. (Sec. 1406) The GAO must submit to Congress a report that describes and assesses the state of the Coast Guard's Deployable Specialized Forces. (Sec. 1407) DHS must conduct a cost-benefit analysis for co-locating aviation and maritime operational assets of the Office of Air and Marine Operations at other DHS facilities. (Sec. 1408) The section repeals provisions authorizing interagency operational centers for port security and the program for evaluating and certifying secure systems of international intermodal transportation. (Sec. 1409) DHS must submit to the congressional homeland security committees an assessment of resources for increasing DHS's maritime security capabilities. TITLE V--TRANSPORTATION SECURITY ADMINISTRATION Subtitle A--Administration (Sec. 1501) This title amends the HSA to codify the transfer of the Transportation Security Administration (TSA) from the Department of Transportation (DOT) to DHS. The Administrator of the TSA is included among the DHS officers to be appointed by the President. The Administrator shall be appointed as the head of the TSA for a five-year term at a Level IV position in the Executive Schedule. (Sec. 1502) The title codifies provisions providing for the establishment in the TSA of the following: a Deputy Administrator; an Office of Public Affairs; an Office of Civil Rights and Liberties, Ombudsman, and Traveler Engagement; an Office of Legislative Affairs; an Office of Finance and Administration; an Office of the Chief of Operations; an Office of the Chief of Mission Support; and an Office of Chief Counsel. (Sec. 1503) The Aviation and Transportation Security Act is amended to decrease from 30% to 15% of the annual rate of pay the TSA Administrator may receive as a performance bonus for any calendar year. The bill repeals: TSA's aviation security program for charter air carriers, and grant funding for TSA research and development of aviation security technology. The bill also repeals provisions expressing the sense of the House of Representatives that: the TSA should develop security procedures to allow passengers to transport musical instruments in the cabin of an aircraft, and air carriers that transport U.S. mail under a contract with the U.S. Postal Service (USPS) should transport any animal that the USPS allows to be shipped through the mail. (Sec. 1504) This section requires the TSA to submit annually (currently, biennially): an update to its strategic five-year technology investment plan, and a report on the extent to which security-related technology acquired since the last issuance or update of the plan is consistent with the planned technology programs and projects identified for that security-related technology. The TSA shall also include information about acquisitions completed during the fiscal year preceding the fiscal year in which such report is submitted. The TSA shall: report to Congress on any TSA equipment that is operating after the end of its life-cycle or the end of its useful life projection under the technology investment plan, and notify airports and airlines of any changes to the plan. (Sec. 1505) The TSA shall develop and implement a preventive maintenance validation process for security-related technology deployed to airports. The maintenance contracts for security-related technology deployed to airports shall include penalties for noncompliance whenever preventive or corrective maintenance has not been completed according to contractual requirements and manufacturers' specifications. (Sec. 1506) The TSA shall conduct an efficiency review of itself to identify and effectuate spending reductions and administrative savings. (Sec. 1507) The TSA shall develop a strategic plan to reduce by 20% by June 30, 2019, the number of TSA positions at the Senior Executive Service level. Subtitle B--Passenger Security and Screening (Sec. 1511) DHS shall continue to review all of its trusted traveler vetting programs using representatives from such programs to make recommendations on possible efficiencies. (Sec. 1512) The TSA shall conduct a biometric pilot project at airports to verify the identity of members of the TSA PreCheck or another DHS trusted traveler program providing TSA expedited screening. (Sec. 1513) The TSA shall implement an identity and travel document verification system at all airports for persons entering into the sterile area of an airport. (Sec. 1514) The TSA shall: conduct a computed tomography pilot project to screen baggage at passenger checkpoints, ensure that by December 31, 2018, at least 300 explosives detection canine teams are dedicated to passenger screening at U.S. airports, and require that standard operating procedures at airport checkpoints for passengers and carry-on baggage are carried out in a uniform manner. (Sec. 1517) The TSA shall ensure the availability of the DHS Traveler Redress Inquiry Program (DHS TRIP) redress process to adjudicate inquiries for individuals who: are U.S. citizens or permanent residents, have filed an inquiry with DHS TRIP after receiving enhanced screening at an airport security checkpoint more than 3 times in any 60-day period, and believe they have been wrongly identified as being a threat to aviation security. The TSA shall review and update the Privacy Impact Assessment for the Secure Flight programs and publish it on its website. The TSA shall: conduct a comprehensive review of TSA's intelligence-based screening rules, and ensure such rules are taken into account for Federal Air Marshal mission scheduling. The GAO shall study the effectiveness of such screening rules to identify and mitigate potential threats to aviation security. (Sec. 1518) The TSA is authorized to provide screening services upon request of a commercial charter air carrier in areas other than primary passenger terminals. (Sec. 1519) The TSA shall: develop a standard working document for all Federal Air Marshal Service agreements between the United States and foreign governments, and seek to acquire an automated software capability for the scheduling of such service missions based on current risk modeling. (Sec. 1521) DHS shall audit all of its canine training programs and convene a working group of representatives from all such programs to make recommendations on possible efficiencies from integrating training standards and facilities. The TSA shall develop a canine staffing allocation model to determine the optimal number of passenger screening canines at U.S. airports. (Sec. 1522) The U.S. Ambassador or the charge d'affaires to the United States Mission to the International Civil Aviation Organization shall introduce a resolution to raise minimum standards for airport security. (Sec. 1523) DHS is prohibited from incorporating an increase in the passenger security fee beyond that authorized at the time that its proposed annual budget is transmitted to Congress. (Sec. 1524) The bill revises requirements directing DOT to assess the effectiveness of the security measures maintained at foreign airports. Such assessment shall include the extent such airports screen and vet their airport workers. (Sec. 1525) The bill amends the Gerardo Hernandez Airport Security Act of 2015 to mandate (currently, authorize) the contents of security incident response reports at airports. TSA shall review active shooter response guidelines for DHS personnel and make a recommendation to DHS to modify such guidelines for personnel who are: (1) certified federal law enforcement officials, and (2) uniformed but unarmed security officials. (Sec. 1526) The bill revises security screening opt-out program requirements to decrease from 120 days to 90 days the time that the TSA must approve or deny an application received from an airport operator to have the screening of passengers and property at the airport carried out by the screening personnel of a qualified private screening company. The TSA shall immediately upon issuing a denial (currently, within 60 days) provide the operator a written report of the denial. The TSA shall also make best efforts to enter into a contract with the private screening company to provide screening services at an airport within 180 days after approval of an application. An airport operator who has screening services provided by a private screening company is encouraged to recommend to the TSA innovative screening approaches and technologies. (Sec. 1527) The TSA shall convene a working group consisting of representatives of TSA and labor organizations representing security screeners to discuss reforms to TSA's personnel management system and appeals to the Merit Systems Protection Board and grievance procedures. (Sec. 1528) The TSA may establish a task force to conduct activities designed to identify and develop an innovative technology or capability with the potential of enhancing aviation security prior to TSA's acquisition of such technology or capability. (Sec. 1529) The TSA shall report to Congress on its law enforcement officer reimbursement program. Subtitle C--Transportation Security Screening Personnel Training and Accountability (Sec. 1531) The TSA shall establish: a training program for new security screening personnel located at the Federal Law Enforcement Training Center in Glynco, Georgia; and recurring training of such personnel regarding updates to screening procedures and technologies in response to weaknesses identified in covert tests at airports. The GAO shall report on the effectiveness of the new security screening personnel training at Glynco, Georgia. (Sec. 1532) The TSA shall conduct a study of the cost and feasibility of developing an alternative training program for security screening personnel that is equal to the training program for new security screening personnel located at Glynco, Georgia. (Sec. 1533) The TSA shall ensure that information of a covert test of security screeners by a covert testing office, the DHS Inspector General, or the GAO of a transportation security system is not provided to the screeners to be tested prior to the completion of such test, except an authorized individual conducting such test may provide information of a covert test to: (1) federal employees, officers, and contractors (including military personnel), state and local government employees and officers, and law enforcement officials; and (2) an appropriate individual if a security screener or other individual who is not a covered employee identifies the individual conducting such test as a potential threat. The head of each covert testing office shall ensure that a cover team of covert testing office employees accompany and monitor individuals conducting a covert test of a transportation security system. Subtitle D--Airport Access Controls and Perimeter Security (Sec. 1541) The TSA shall conduct, and submit to Congress and the GAO, a cost and feasibility study of a significant number of Category I, II, III, IV, and X airports assessing the impact if all employee access points from non-secured to secured airport areas are comprised of the following: a secure door utilizing card and pin entry or biometric technology; surveillance video recording capable of storing video data for at least 30 days; and certain advanced screening technologies (including at least one of the following: magnetometer [walk through or hand-held], explosives detection canines or explosives trace detection, advanced imaging technology, or X-ray bag screening technology). The GAO shall assess the completed study and report the results to Congress. The TSA shall work with air carriers, foreign air carriers, airport operators, labor unions representing credentialed employees, and TSA's Aviation Security Advisory Committee to: (1) enhance security awareness of credentialed airport workers regarding insider threats to aviation security and recognized practices related to airport access controls; and (2) assess credentialing standards, policies, and practices to ensure that such threats to aviation security are addressed. The TSA shall also: require the submission of a social security number for each individual applying for a Security Identification Display Area, Sterile Area, or Air Operations Area airport credential; work with airport operators and the TSA Advisory Committee to identify advanced technologies, such as biometric identification technologies, for securing employee access to secured and sterile airport areas; ensure that credentialed aviation worker populations currently requiring a finger-print-based criminal record history check are continuously vetted through the Federal Bureau of Investigation's Rap Back Service to mitigate insider threats; enhance its ability to educate TSA personnel on and better mitigate such threats to aviation security; ensure that TSA employee physical inspection efforts of aviation workers (Playbook operations) are focused on providing the greatest level of security effectiveness; and conduct covert testing of TSA employee screening operations at airports. The TSA shall establish a national database of individuals who have had either their airport or airport operator-issued badge revoked for failure to comply with aviation security requirements, as well as a process to allow individuals whose names were mistakenly entered into such database to correct the record and have their names removed from it. DHS is designated as the lead interagency coordinator of insider threat investigations and mitigation efforts at airports. (Sec. 1542) The TSA shall: update the Transportation Sector Security Rick Assessment for the aviation sector; update the Comprehensive Risk Assessment of Perimeter and Access Control Security for airports; conduct a system-wide assessment of airport access control points and airport perimeter security, including cargo facilities; and update the 2012 National Strategy for Airport Perimeter and Access Control Security. (Sec. 1543) The bill authorizes appropriations for FY2018-FY2019 for: (1) TSA monitoring of passenger exit points from the sterile area of airports, and (2) deployment of armed law enforcement personnel at each airport security screening location. Subtitle E--Air Cargo Security (Sec. 1551) DHS shall establish: (1) an air cargo advance screening (ACAS) program for the collection by the U.S. Customs and Border Protection (CBP) of advance electronic information from air carriers and other persons within the supply chain regarding cargo transported to the United States; and (2) a system that will allow freight forwarders, shippers, and air carriers to provide data on air cargo shipments departing from any location and bound to the United States. DHS shall ensure that all high-risk cargo is inspected prior to being loaded onto aircraft at the last point of departure or at an earlier point in the supply chain. DHS shall report to Congress detailing the operational implementation of providing advance information under the ACAS program and the value of such information in targeting cargo. (Sec. 1552) The bill amends the Implementing Recommendations of the 9/11 Commission Act of 2007 to direct the TSA to: develop and issue standards for the use of third-party explosives detection canine teams for the primary screening of air cargo; develop a process to identify qualified non-federal entities that will certify such canine teams as meeting such standards; and provide that canines certified for the primary screening of air cargo can be used by air carriers, foreign air carriers, freight forwarders, and shippers. Subtitle F--Information Sharing and Cybersecurity (Sec. 1561) The TSA shall require each Federal Security Director of an airport to: meet quarterly with the airport director, airport security coordinator, and law enforcement agencies serving each airport to discuss incident management protocols, including resolution of screening anomalies at passenger screening checkpoints; and inform, consult, and coordinate with the airport security coordinator in a timely manner on security matters impacting airport operations and to establish and maintain protocols for such airport operators to ensure coordinated responses to such matters. The TSA shall also: develop a plan to improve intelligence information sharing with state and local entities that includes best practices to ensure that such information is actionable, useful, and not redundant; and establish a mechanism to share best practices among federal, state, local, and tribal entities relating to employee training, employee professional development, technology development and deployment, hardening tactics, and passenger and employee awareness programs. DHS shall: develop, implement, and update biennially a cybersecurity risk assessment model for aviation security that is consistent with the National Institute of Standards and Technology Framework for Improvement Critical Infrastructure Cybersecurity; establish guidelines for voluntary reporting of aviation-related cybersecurity risks and incidents to the DHS national cybersecurity and communications integration center and other appropriate federal agencies; direct the sharing of information regarding cybersecurity risks and incidents to address aviation-specific risks and, upon request, conduct cybersecurity vulnerability assessments for airports and air carriers; and evaluate the cybersecurity of TSA databases for trusted traveler and credentialing programs, including the Transportation Worker Identification Credential and Pre-Check trusted travelers programs, and develop information on any cybersecurity vulnerabilities and remediation plans for such vulnerabilities. Subtitle G--Surface Transportation Security (Sec. 1572) DHS shall: assess the vulnerabilities of and risks to surface transportation systems, develop and implement a risk-based security strategy to mitigate such vulnerabilities and risks, and coordinate with the heads of other federal agencies and stakeholders in developing and implementing such strategy. (Sec. 1573) The TSA shall submit to Congress a report that contains a risk-based budget and resource allocation plan for surface transportation sectors that: (1) reflects the risk-based security strategy; and (2) is organized by appropriations account, program, project, and initiative. The President's budget shall include a separate statement clearly distinguishing the resources requested for surface transportation security from the resources requested for aviation security. DHS shall notify Congress not later than 15 days after the TSA allocates any resources or personnel, or the use of facilities, technology systems, or vetting resources, for a non-transportation security purpose or National Special Security Event. (Sec. 1574) The GAO shall review, and report on: (1) the staffing, budget, resource, and personnel allocation, and management oversight strategy of TSA's surface transportation security programs; and (2) the coordination between the TSA, other federal, state, or local agencies with jurisdiction over a mode of surface transportation, critical infrastructure entities, the Transportation Systems Sector Coordinating Council, and relevant stakeholders. (Sec. 1575) The TSA shall make available through a public website information on the status of each surface transportation security regulation that is directed by law to be issued but that has not been issued for more than two years since enactment of each such law. The DHS Inspector General, not later than 180 days after enactment of this bill and biennially thereafter until all of the requirements under titles XIII (Transportation Security Enhancements), XIV (Public Transportation Security), and XV (Surface Transportation Security) of the Implementing Recommendations of the 9/11 Commission Act of 2007 and under this bill have been fully implemented, shall report on such requirements that have not been fully implemented and recommendations on whether they should be amended or repealed. (Sec. 1576) The TSA is authorized to maintain, at the request of and in collaboration with federal, state, and local transportation stakeholders, for the deployment of 30 Visible Intermodal Prevention and Response (VIPR) teams to prevent acts of terrorism against U.S. transportation systems and for other counterterrorism purposes. TSA shall notify Congress if it determines the number of VIPR teams should be reduced to less than 30. In forming a VIPR team, DHS shall, prior to and during the deployment, consult with all transportation entities directly affected by such deployment as to specific locations and times within the facilities of such entities at which such teams are to be deployed to maximize its effectiveness. TSA shall develop and implement qualitative performance measures to assess the effectiveness of VIPR team operations as well as a plan for ensuring the interoperability of communications among VIPR teams participants and between VIPR teams and transportation entities. (Sec. 1577) The TSA shall establish the Surface Transportation Security Advisory Committee to make recommendations on surface transportation security matters. (Sec. 1578) The DHS Inspector General shall review and report on TSA's explosives detection canine team program. (Sec. 1579) Before the DHS Inspector General submits the report on the explosives detection canine team program, the TSA may increase up to 70 the number of state and local surface and maritime transportation explosives detection canine teams. After such report is submitted, DHS may increase up to 200 the number of additional teams. (Sec. 1580) DHS shall prioritize the research and facilitation of next generation technologies to detect explosives in the nation's surface transportation systems. (Sec. 1581) The GAO shall study, and report on, how the TSA: (1) identifies and compares U.S. and foreign passenger transportation system security standards and best practices for protecting passenger transportation systems, shared terminal facilities, and cyber systems; and (2) disseminates such findings to transportation stakeholders. (Sec. 1582) The bill expands the permissible uses of railroad security improvement grants to include one or more of the following: (1) for communications interoperability where appropriate with relevant outside transportation agencies and entities; (2) for the security preparedness of intercity passenger railroad stations, trains, infrastructure, and security capital improvement projects; (3) for the sharing of intelligence and information about security preparedness, including connectivity to the Federal Bureau of Investigation's (FBI) National Terrorist Screening Center (TSC); and (4) to hire, train, and employ preparedness officers. DHS is authorized to make grants to the National Railroad Passenger Corporation (Amtrak) for specific systemwide security upgrade projects, including: (1) to connect to the TSC watchlist, (2) improvements to passenger and Amtrak employee and contractor verification systems (including identity verification technology), or (3) improvements to the security of Amtrak computer systems, including cybersecurity assessments and programs. (Sec. 1583) The GAO shall submit to Congress a report that: (1) identifies any duplication or redundancy between the TSA and DOT relating to surface transportation security inspections or oversight; and (2) provides recommendations relating to improvements to TSA's Surface Transportation Security Inspectors program. (Sec. 1584) The TSA shall establish a security awareness program for the training of surface transportation operators and frontline employees to obtain the necessary skills to observe, assess, and respond to suspicious items or actions that could be a threat to transportation. DHS shall: (1) ensure there exists a national mechanism for individuals to report to DHS suspicious activity in transportation systems; and (2) establish procedures to review and follow-up on each such report and to share it with appropriate federal, state, local, and tribal entities. (Sec. 1585) An individual subject to credentialing or a background investigation prior to the issuance of a license to operate a motor vehicle to transport hazardous material (hazmat) may satisfy such requirement by obtaining a valid transportation security card. A "valid transportation security card" means a transportation security card issued by the U.S. Coast Guard that is: (1) not expired, (2) shows no signs of tampering, and (3) bears a photograph of the individual representing such card. (Sec. 1586) This section revises state limitations on the issuance of a hazmat license to allow an individual who holds a valid transportation security card to be issued such a license. (Sec. 1587) The Coast Guard shall develop and implement a plan to utilize the FBI's Rap Back Service to establish recurrent vetting for individuals holding valid transportation security cards. (Sec. 1588) The GAO shall study DHS and DOT roles and responsibilities regarding pipeline security. Subtitle H--Security Enhancements in Public Areas of Transportation Facilities (Sec. 1591) DHS may establish a working group to promote collaboration between DHS and public and private stakeholders to develop non-binding recommendations for enhancing security in public areas of transportations facilities. (Sec. 1592) DHS shall: (1) inform public and private sector stakeholders of the availability of DHS technical assistance and vulnerability assessment tools to help enhance security in public areas of transportation facilities, and (2) publish and widely disseminate best practices for protecting and enhancing the resilience of such areas. (Sec. 1593) The TSA shall make available to public and private stakeholders a framework to establish an operations center within a transportation facility to promote interagency response and coordination. (Sec. 1594) The TSA shall review, and report on, its regulations, directives, policies, and procedures regarding the transportation of a firearm and ammunition aboard passenger aircraft and information on plans to modify them based on such review. (Sec. 1595) The term "public and private stakeholders" means federal, state, and local agencies, tribal governments, and appropriate private entities, including nonprofit employee labor organizations representing transportation employees. TITLE VI-- EMERGENCY PREPAREDNESS, RESPONSE, AND COMMUNICATIONS Subtitle A--Grants, Training, Exercises, and Coordination (Sec. 1601) This section amends the HSA to require a state to 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 the Urban Area Security Initiative (UASI) are to be expended within 90 days of the date on which such funds are retained. As a condition of receiving a grant, each such area must submit to FEMA a threat and hazard identification and risk assessment and capability assessment. (Sec. 1602) Each state, as a condition of receiving a grant under the State Homeland Security Grant Program (SHSGP), must submit to FEMA a threat and hazard identification and risk assessment and capability assessment. (Sec. 1603) DHS must make available funds provided for homeland security grants to directly eligible tribes for at least 36 months. (Sec. 1604) FEMA, in coordination with the DHS Assistant Secretary for State and Local Law Enforcement, shall report annually from FY2018-FY2022 on the use of UASI and SHSGP grants for law enforcement terrorism prevention activities, including the percentage and dollar amount of funds used for such activities and the types of projects funded. (Sec. 1605) FEMA shall consider, in allocating funds among states and high-risk urban areas applying for UASI or SHSGP grants, to consider: (1) each state or high-risk area's population, including consideration of domestic and international tourists and military populations; (2) threat information from relevant federal agencies and field offices; and (3) the extent to which they have unmet core capabilities. FEMA must review and report on the risk formula and methodology used to award UASI and SHSGP grants, including a discussion of any necessary changes to such formula to ensure grant awards are appropriately based on risk. The GAO shall review and assess the risk formula and methodology used to award such grants. (Sec. 1606) This section sets forth additional allowable uses of UASI and SHSGP grants. (Sec. 1607) FEMA must implement a uniform process for reviewing applications for using grants to purchase equipment or systems that do not meet or exceed any applicable national voluntary consensus standards developed under the Post-Katrina Emergency Management Reform Act of 2006. The DHS Inspector General shall submit a report assessing the implementation of the review process. (Sec. 1608) FEMA shall enter into memoranda of understanding with DHS components and offices delineating their roles and responsibilities regarding the policy and guidance for various homeland security grants. (Sec. 1609) FEMA must study, and report on, an assessment of information provided in State Preparedness Reports required under the Post-Katrina Emergency Management Reform Act of 2006 and Threat and Hazard Identification and Risk Assessments. (Sec. 1610) FEMA shall include in the annual Notice of Funding Opportunity relating to UASI and SHSGP grants an appendix that includes: (1) a summary of findings identified by the DHS Inspector General in audits of such grants and methods to address areas identified for improvement; and (2) innovative projects and best practices instituted by grant recipients. (Sec. 1611) DHS may not implement the National Preparedness Grant Program or any successor consolidated grant program unless it receives prior authorization from Congress. (Sec. 1612) Any applicant for a UASI or SHSGP grant to purchase equipment shall develop a plan for the maintenance of such equipment over its life-cycle that includes information identifying which entity is responsible for such maintenance. (Sec. 1613) This section amends the Implementing Recommendations of the 9/11 Commission Act of 2007 to require funds provided under the Transit Security Grant Program for capital and operating uses to remain available to grant recipients for at least 36 months, and for at least 55 months for security improvements for public transportation systems and infrastructure. (Sec. 1614) DHS shall make funds provided under the Port Security Grant Program available to grant recipients for at least 36 months. (Sec. 1615) The functions of the national cybersecurity and communications integration center shall include: (1) sharing analysis conducted among state, local, and regional fusion centers; and (2) providing best practices on security and resilience measures and best practices to facilitate information security. It is the sense of Congress that DHS should work to share actionable information related to cyber threats. (Sec. 1616) DHS shall carry out a program to make grants to emergency response providers to prevent, prepare for, and respond to emerging terrorist attack scenarios, including complex, coordinated terrorist attacks and active shooters against major metropolitan areas. (Sec. 1617) This section establishes in DHS Operation Stonegarden under which FEMA shall make grants to law enforcement agencies, through the State Administrative Agency, to enhance border security. To be eligible for a grant, a law enforcement agency must be: (1) located in a state bordering either Canada or Mexico, or a state or territory with a maritime border; and (2) involved in an active, ongoing U.S. Customs and Border Protection operation coordinated through a sector office. The recipient of a grant may use such grant for: (1) equipment, including maintenance and sustainment costs; (2) personnel, including overtime and backfill, in support of enhanced border law enforcement activities; and (3) any activity permitted for Operation Stonegarden under DHS's FY2016 Homeland Security Grant Program Notice of Funding Opportunity. (Sec. 1618) This section establishes in DHS a Non-Profit Security Grant Program, under which FEMA shall make grants to tax-exempt organizations at risk for a terrorist attack for target hardening and other security enhancements to protect against terrorist attacks. (Sec. 1619) FEMA must conduct a study on the use of UASI and SHSGP grant funds, including information on: the amount of grant funds invested or obligated annually during FY2006-FY2016 to support efforts to prepare for and respond to cybersecurity risks and incidents, the degree to which grantees identify cybersecurity as a capability gap in the Threat and Hazard Identification and Risk Assessment, obstacles and challenges related to using grant funds to improve cybersecurity, and plans for future efforts to encourage grantees to use grant funds to improve cybersecurity capabilities. Subtitle B--Communications (Sec. 1631) DHS may not change the location or reporting structure of its Office of Emergency Communications without prior authorization from the congressional homeland security committees. (Sec. 1632) The responsibilities of the Director for Emergency Communications and the Chief Information Officer are modified to repeal the requirement that the director administer DHS's authorities relating to the Integrated Wireless Network program and to require the director to: (1) administer the Government Emergency Telecommunications Service and Wireless Priority Service programs or successor programs, and (2) assess the impact of emerging technologies on interoperable emergency communications. (Sec. 1633) The Office of Emergency Communications shall report to Congress on its programs and activities annually for the next five years. (Sec. 1634) The director must update the the National Emergency Communications Plan at least every five years (currently, periodically). Such plan must consider the impact of emerging technologies on the attainment of interoperable emergency communications. (Sec. 1636) The National Protection and Programs Directorate shall provide to Congress information on DHS's responsibilities related to the development of the nationwide Public Safety Broadband Network, including information on DHS efforts to work with the First Responder Network Authority of the Department of Commerce to identify and address cyber risks that could impact the availability and operations of such network and recommendations to mitigate such risks. (Sec. 1637) The DHS Under Secretary for Management shall develop a mechanism to verify that radio users within DHS receive training on the use of DHS radio systems, including interagency radio use protocols. Subtitle C--Medical Preparedness (Sec. 1641) The responsibilities of the DHS Chief Medical Officer (CMO) are modified to include: establishing medical and human, animal, and occupational health exposure policy, guidance, strategies, and initiatives; providing 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; coordinating DHS's policy, strategy, and preparedness for pandemics and emerging infectious diseases; serving as the DHS's primary point of contact with respect to emergency medical services and medical first responder stakeholders; ensuring that the workforce of DHS has evidence-based policy, standards, requirements, and metrics for occupational health and operational medicine programs; directing and maintaining a coordinated system for medical support for DHS's operational activities; providing oversight of DHS's medical programs and providers; and maintaining a medical countermeasures stockpile and dispensing system to facilitate personnel readiness and protection for DHS's employees and working animals and individuals in its care and custody in the event of a chemical, biological, radiological, nuclear, or explosives attack, naturally occurring disease outbreak, or pandemic. The CMO may provide medical liaisons to DHS components to provide subject matter expertise on medical and public health issues and a direct link to the CMO. (Sec. 1642) DHS must establish a medical countermeasures program to facilitate personnel readiness and protection for DHS's employees and working animals and individuals in its care and custody in the event of an attack, a naturally occurring disease outbreak, or a pandemic and to support DHS mission continuity. The CMO shall provide programmatic oversight of the program and shall: develop DHS-wide standards for medical countermeasure storage, security, dispensing, and documentation; maintain a stockpile of medical countermeasures; preposition appropriate medical countermeasures in strategic locations nationwide, based on threat and employee density; provide oversight and guidance on dispensing of stockpiled medical countermeasures; ensure rapid deployment and dispensing of medical countermeasures in a chemical, biological, radiological, nuclear, or explosives attack, naturally occurring disease outbreak, or pandemic; provide training to DHS employees on medical countermeasure dispensing; and support dispensing exercises. The CMO shall: (1) establish a medical countermeasures working group to ensure that medical countermeasures standards are maintained and guidance is consistent, and (2) develop and submit to the DHS Secretary an integrated logistics support plan for medical countermeasures. Title VII--OTHER MATTERS (Sec. 1701) DHS must review its existing policy memoranda to determine whether such memoranda should remain in effect and if so, whether any should be modified. (Sec. 1702) The authority of DHS to issue Asia-Pacific Economic Cooperation business travel cards is made permanent. (Sec. 1703) The bill authorizes appropriations for the DHS Office of Inspector General for FY2018 and FY2019. (Sec. 1704) U.S. Customs and Border Protection may request additional canine teams when there is a justified and documented shortage and such additional teams would be effective for drug detection at the border. DIVISION B--U.S. IMMIGRATION AND CUSTOMS ENFORCEMENT Immigration and Customs Enforcement Authorization Act of 2017 (Sec. 2002) This division amends the HSA to set forth statutory authority for U.S. Immigration and Customs Enforcement (ICE) within DHS. ICE shall seek the removal of inadmissible and deportable aliens and otherwise enforce the immigration laws other than through criminal prosecutions. ICE shall investigate and, where appropriate, refer for prosecution any criminal or civil violation of federal law relating to: immigration laws; border control and security; customs and trade laws; imports or exports; financial crimes with an international nexus; transnational gang activity; firearms, explosives, or other destructive devices involving an alien; severe forms of trafficking in persons; fraudulent immigration documents or fraudulently obtained immigration benefits; unlawful use of personal information, including immigration document fraud; or drug laws in the context of cross-border criminal activity. The division prescribes other ICE responsibilities, including: (1) administering the National Intellectual Property Rights Coordination Center; (2) coordinating with federal, state, local, tribal, and foreign agencies; (3) establishing staff liaison offices and units in foreign countries to support counterterrorism efforts; (4) establishing interagency law enforcement centers; (5) administering the Border Enforcement Security Task Force; (6) operating the Cyber Crimes Center; and (7) administering internal conspiracy investigations at U.S. ports of entry. The division sets forth statutory authority for ICE's Office of Homeland Security Investigations, which shall: (1) investigate terrorist organizations and other criminal organizations; (2) investigate and refer for prosecution any criminal or civil violation of federal law, including money laundering, cyber crimes, human trafficking, and narcotics and weapons trafficking; (3) collect foreign student information; and (4) administer a National Export Enforcement Coordination Center, a Human Smuggling and Trafficking Center, and a Bulk Cash Smuggling Center. The division sets forth statutory authority for ICE's Office of Enforcement and Removal Operations, which shall: (1) serve as ICE's law enforcement office with primary responsibility to enforce U.S. civil immigration and nationality laws; (2) identify, arrest, and seek the removal of aliens who are inadmissible or deportable, criminal gang members, or threats to public safety; (3) have custody over detained aliens and manage ICE detention operations; and (4) manage the execution of exclusion, deportation, and removal orders. The division sets forth statutory authority for ICE's Office of the Principal Legal Advisor, which shall: (1) provide legal advice and policy guidance, and (2) represent DHS and ICE in appropriate proceedings and venues. The division sets forth statutory authority for ICE's Office of Professional Responsibility, which shall: (1) investigate allegations of administrative, civil, and criminal misconduct involving ICE employees or contractors; (2) inspect and review ICE offices, operations, and processes; and (3) manage ICE's security programs. The division sets forth statutory authority for ICE's Office of Management and Administration, which shall: (1) administer the Office of Human Capital, the Office of Chief Financial Officer, and the Office of Policy; (2) create best practices for Freedom of Information Act (FOIA) requests; and (3) manage information technology systems. The individual serving as the Director of ICE on the day before the enactment of this division may continue to serve until the earlier of the date on which: (1) such individual is no longer eligible to serve as director, or (2) a person nominated by the President to be the director is confirmed by the Senate. Statutory references to the Bureau of Border Security are removed. DIVISION C--UNITED STATES CITIZENSHIP AND IMMIGRATION SERVICES United States Citizenship and Immigration Services Authorization Act (Sec. 3002) The HSA is amended to set forth statutory authority for: (1) the United States Citizenship and Immigration Services (USCIS) within DHS; (2) USCIS's Office of the Chief Counsel, which shall provide legal advice and other assistance to USCIS and represent USCIS in visa petition appeals; (3) USCIS's Office of Policy and Strategy, which shall develop and coordinate policy and strategy recommendations; and (4) USCIS's Office of Citizenship, which shall promote citizenship training and civic integration for aliens who are interested in becoming naturalized U.S. citizens. The division sets forth statutory authority for USCIS's Fraud Detection and National Security Directorate, which shall: (1) seek to prevent immigration benefits from being granted to individuals who are a national security or public safety threat, (2) seek to prevent immigration benefits fraud, (3) conduct security and background investigations and develop fraud prevention systems and techniques, and (4) investigate and refer incidents of fraud to ICE. The division sets forth statutory authority for USCIS's Immigration Records and Identity Services Directorate, which shall manage: (1) an employment eligibility verification system, (2) the Systematic Alien Verification for Entitlements Program, (3) biometric services, and (4) immigration records. The division sets forth statutory authority for USCIS's Field Operations Directorate, which shall: (1) oversee all field offices, (2) conduct interviews and oversee the adjudication of immigration benefits applications, (3) oversee the adjudication of naturalization applications and conduct naturalization ceremonies, and (4) conduct security and background checks. The division sets forth statutory authority for USCIS's: (1) Refugee, Asylum, and International Operations Directorate, which shall oversee refugee and asylum application adjudications and interviews; (2) Service Center Operations Directorate, which shall oversee all service centers; and (3) Management Directorate, which shall carry out management duties. The division sets forth statutory authority for USCIS's Office of Professional Responsibility, which shall (1) seek to ensure compliance with USCIS programs and policies relating to corruption, misconduct, or mismanagement; and (2) investigate allegations of administrative, civil, and criminal misconduct involving USCIS employees or contractors. The individual serving as the Director of USCIS on the day before the date of enactment of this division may continue to serve until the earlier of the date on which: (1) such individual is no longer eligible to serve as director, or (2) a person nominated by the President to be the director is confirmed by the Senate. Statutory references to the Bureau of Citizenship and Immigration Services are removed. DIVISION D--UNITED STATES SECRET SERVICE Secret Service Reauthorization Act of 2017 (Sec. 4002) The bill amends the federal criminal code to: (1) make the Director of the Secret Service a presidential appointment, subject to the advice and consent of the Senate; (2) prohibit knowingly entering an object into any restricted building or grounds to impede or disrupt the orderly conduct of government business or official functions; and (3) prohibit knowingly and willfully threatening to kill, kidnap, or harm former Vice Presidents, their spouses, or their children under age 16 or any person protected by the Secret Service under a presidential memorandum. (Sec. 4005) The director must increase the annual number of training hours for Secret Service officers and agents. (Sec. 4006) The director is authorized to construct facilities at the Rowley Training Center to improve the training of U.S. Secret Service Uniformed Division officers and Secret Service agents. (Sec. 4007) The director shall adopt improved procedures for: (1) evaluating vulnerabilities in White House security and threats to persons protected by the Secret Service, and (2) evaluating the use of technology to improve such security and respond to such threats. (Sec. 4009) The director is required to evaluate the practicability of equipping agents and officers with weapons other than those currently provided. (Sec. 4010) Provisions of the Presidential Protection Assistance Act of 1976 requiring expenditures above a specified amount by the Secret Service for securing any non-governmental property in addition to the one non-governmental property designated by each protectee to be approved by the House and Senate Appropriations Committees are replaced with provisions requiring the Secret Service to notify such committees of any such expenditures. (Sec. 4011) The director shall establish an Ethics Program Office. (Sec. 4012) A Secret Service officer may provide armed protective services authorized by statute or pursuant to a presidential memorandum at any place where a general or special election is held. (Sec. 4013) The bill expresses the sense of Congress that DHS or the director shall make an assessment of the physical security of the White House and attendant grounds. Any resulting security-related enhancements shall be accorded substantial deference by the National Capital Planning Commission, the Commission of Fine Arts, and any other relevant entities. DIVISION E--COAST GUARD Coast Guard Authorization Act of 2017 TITLE I--AUTHORIZATIONS (Sec. 5101) This title reauthorizes Coast Guard programs and activities and levels of military strength and training for FY2018-FY2019. TITLE II--COAST GUARD (Sec. 5201) The Coast Guard may make training available to public safety personnel if Coast Guard members are unable to participate in such training and such training would further the goal of interoperability amount federal and nonfederal agencies. (Sec. 5202) The President may reduce the period of active commissioned service required for Coast Guard officers who retire in FY2017 or FY2018. (Sec. 5203) This section increases the maximum ratio of the number of Coast Guard officers in a promotion zone to the number of officers to be promoted. (Sec. 5205) This section repeals the provision that allows enlisted members discharged for bad conduct, undesirability, or inaptitude to be furnished civilian clothing. (Sec. 5206) The Coast Guard shall establish a land-based unmanned aircraft system program. (Sec. 5207) State-licensed health care professionals who work with the Coast Guard may practice their health profession at any location in the United States if the practice is within the scope of their authorized federal duties. (Sec. 5208) The Coast Guard Yard and related shipyard and marine maintenance facilities may enter into contracts that include performance incentives. (Sec. 5209) The Coast Guard shall maintain its cutters to the standard set by the American Bureau of Shipping. (Sec. 5210) The Coast Guard shall appoint a Director of Congressional Affairs from among its officers who are in a grade above captain. (Sec. 5211) This section expands the Coast Guard's authority to enter into contracts for major acquisitions. (Sec. 5212) The Coast Guard may not certify its eighth National Security Cutter as operational until it reports to Congress on the operating costs of its fleet. (Sec. 5213) This section eliminates a requirement that mariners complete an approved refresher or recertification course to maintain their radar observer endorsement. (Sec. 5214) This section extends indefinitely the prohibition on the Coast Guard closing air facilities. (Sec. 5215) This section extends through FY2021 the authority of the Coast Guard to hire acquisition workforce under expedited hiring authority. (Sec. 5216) This section authorizes procurement of three Fast Response Cutters, trials of icebreaker vessels, construction and repair of shoreside facilities, and improvements to the MH-65 helicopter fleet. (Sec. 5220) The Coast Guard must submit to Congress a plan to replace or extend the life of its fleet of inland water vessels and Bay-class icebreakers. (Sec. 5221) The Coast Guard must report to Congress on its sexual assault prevention and response policies and its strategic goals related to sexual assault victim recovery. TITLE III--PORTS AND WATERWAYS SAFETY (Sec. 5301) This title revises and reorganizes federal statutes to create a separate chapter for the Ports and Waterways Safety Act and related provisions. (Sec. 5302) This section revises requirements for electronic charts, including to exempt certain foreign vessels from such requirements. (Sec. 5305) This section eliminates the Houston-Galveston Navigation Safety Advisory Committee. (Sec. 5306) The Coast Guard may issue regulations to promote safety during regattas or marine parades. TITLE IV--MARITIME TRANSPORTATION SAFETY (Sec. 5401) The bill revises provisions regarding maritime documentation requirements. (Sec. 5403) The Coast Guard may (currently, must) require an undocumented barge of more than 100 gross tons operating on the navigable waters of the United States to be numbered. (Sec. 5404) The bill revises Coast Guard and bridge owner duties related to schedule changes governing the opening of a drawbridge that will be in effect for less than six months. (Sec. 5405) The bill revises provisions regarding an alternative safety compliance program for certain fishing, fish processing, or fish tender vessels. (Sec. 5407) The Coast Guard shall establish a performance standard for distress signals that may be used as an alternative to established distress signals. (Sec. 5408) The Coast Guard shall notify Congress of action taken to carry out the recommendations contained in the final report issued by the Atlantic Coast Port Access Route Study workgroup, published March 14, 2016. (Sec. 5409) Coast Guard personnel performing nonrecreational vessel documentation functions may perform recreational vessel documentation under specified circumstances. (Sec. 5410) A recreational endorsement for a vessel shall be effective for five years, subject to certain exceptions. The Coast Guard must charge a fee for recreational endorsements equivalent to the fee charged for fishery endorsements. (Sec. 5411) The Coast Guard shall provide for a reliable land-based enhanced LORAN, or eLORAN, positioning, navigation, and timing system. (Sec. 5412) The bill exempts The Volunteer (Hull Number CCA4108), a replica canal boat operating on the Illinois and Michigan Canal, from various requirements applicable to vessels on navigable waters. (Sec. 5413) The bill allows uninspected passenger vessels on Crane Lake in St. Louis County, Minnesota to carry up to 12 passengers. (Sec. 5414) The Coast Guard shall require associated equipment manufacturers, distributors, and dealers installing propulsion machinery and associated starting controls on certain recreational vessels to install an engine cut-off switch in compliance with American Boat and Yacht Standard A-33. (Sec. 5415) The Coast Guard shall notify Congress on the status of the implementation of the survey and classification requirements for fishing, fish tender, and fish processing vessel certification. TITLE V--MISCELLANEOUS (Sec. 5501) The bill eliminates a provision that required a report to Congress on the feasibility of accelerating the rate of procurement for the Coast Guard's Integrated Deepwater System. (Sec. 5502) The Coast Guard may reimburse a nonfederal entity for costs incurred by the entity for a covered project, subject to certain conditions. A covered project is defined as a project carried out by a non-federal entity to construct and establish an aid to navigation that facilitates safe and efficient marine transportation on a federal navigation project authorized by the Water Resources Development Act of 2007. (Sec. 5503) The Coast Guard may issue a certificate of documentation with a fishery endorsement for the F/V Western Challenger (IMO number 5388108). (Sec. 5504) The bill eliminates a provision that required DOT to transfer the Ship Shoal Lighthouse in the Gulf of Mexico to the city of Berwick, Louisiana. (Sec. 5505) The Coast Guard shall enter into an arrangement with the National Academy of Sciences under which the academy shall prepare an assessment of available unmanned, autonomous, or remotely controlled maritime domain awareness technologies for use by the Coast Guard. (Sec. 5506) The Coast Guard shall compare the costs to the government of towing vessel inspections performed by the Coast Guard and such inspections performed by a third party and revise inspection fees, as necessary. (Sec. 5507) This section eliminates GAO audits of the Oil Spill Liability Trust Fund and revises provisions regarding Coast Guard reporting of incidents that result in disbursements from the fund. (Sec. 5508) The Department of the Interior is authorized to exchange land with a private owner in Ayakulik Island, Alaska. (Sec. 5509) The Coast Guard shall submit to Congress a report on the oil spill prevention and response capabilities available for the area covered by the Captain of the Port Zone that includes the Arctic. (Sec. 5510) The Coast Guard shall report to Congress on public comments received on proposals to establish additional anchorages on the Hudson River between Yonkers, New York, and Kingston, New York. The Coast Guard may not establish any of these additional anchorages until 180 days after reporting to Congress. (Sec. 5511) The Coast Guard shall review its policies and procedures for public safety answering points and search-and-rescue coordination with state and local law enforcement. (Sec. 5512) The Coast Guard may issue a certificate of documentation with a coastwise and a fishery endorsement for the vessel America's Finest (United States official number 1276760). DIVISION F--FEDERAL EMERGENCY MANAGEMENT AGENCY (FEMA) FEMA Reauthorization Act of 2017 (Sec. 6002) The Post-Katrina Emergency Management Reform Act of 2006 is amended to reauthorize the Federal Emergency Management Agency (FEMA) through FY2020. (Sec. 6003) The National Advisory Council shall: (1) begin a comprehensive study relating to disaster costs and losses and federal disaster assistance within 30 days of this bill's enactment; and (2) convene to evaluate disaster costs and losses and federal disaster assistance, including consideration of trends and contributing factors and disaster roles and responsibility. The council shall: (1) develop recommendations to reduce disaster costs and losses and to more efficiently and effectively deliver federal disaster assistance, and (2) report to Congress and FEMA on such recommendations. (Sec. 6004) The Implementing Recommendations of the 9/11 Commission Act is amended to require training, to the extent practicable, in settings that simulate real response environments, such as urban areas, and to reauthorize through FY2020: (1) the Center for Domestic Preparedness, and (2) the National Domestic Preparedness Consortium. (Sec. 6005) DHS is authorized to establish a Rural Domestic Preparedness Consortium within DHS consisting of universities and nonprofit organizations qualified to provide training to emergency response providers from rural communities. The consortium shall identify, develop, test, and deliver training to state, local, and tribal emergency response providers from rural communities, provide on-site and mobile training, and facilitate the delivery of training by the training partners of DHS. (Sec. 6006) FEMA shall be responsible for protecting the nation against the loss of life and property from an earthquake, tsunami, or combined earthquake and tsunami event. (Sec. 6007) The bill declares that actions attributed to or taken by FEMA under the National Flood Insurance Act of 1968 and other disaster-related authorities do not create a federal nexus for purposes of applying interagency consultation requirements under the Endangered Species Act of 1973. (Sec. 6008) The bill provides for the establishment in FEMA of a Center for Faith-Based Neighborhood Partnerships. The center's mission shall be to develop and coordinate DHS outreach efforts with faith-based and community organizations and serve as a liaison between such organizations and DHS components for activities related to securing facilities, emergency preparedness and response, and combating human trafficking. In support of such mission, FEMA shall: develop exercises that engage faith-based and community organizations to test capabilities for all hazards, including active shooter incidents; coordinate the delivery of guidance and training to faith-based and community organizations related to securing their facilities against natural disasters, acts of terrorism, and other man-made disasters; conduct outreach to faith-based and community organizations to assist them in securing their facilities against natural disasters, acts of terrorism, and other man-made disasters; facilitate engagement and coordination among the emergency management community and faith-based and community organizations; and deliver training and technical assistance to faith-based and community-based organizations and provide subject-matter expertise related to anti-human trafficking efforts to help communities successfully partner with other Blue Campaign components. (Sec. 6009) FEMA shall periodically update (at least once every five years) its National Response Plan. FEMA must develop and provide to federal departments and agencies with coordinating, primary, or supporting responsibilities under the National Response Framework performance metrics to ensure readiness to execute responsibilities under the emergency support functions of such framework. (Sec. 6010) The periodic review of the National Incident Management System and the National Response Plan by FEMA's National Integration Center shall occur at least once every five years. (Sec. 6011) FEMA, in coordination with the National Council on Disability and the National Advisory Council, shall establish a remedial action management program to: analyze training, exercises, and real world events to identify lessons learned, corrective actions, and best practices; generate and disseminate the lessons learned, corrective actions, and best practices; and conduct remedial action tracking and long-term trend analysis. FEMA shall: (1) collect, and report on, information on corrective actions identified by agencies in response to disasters and acts of terrorism; and (2) electronically transmit to Congress and other public and private entities reports on lessons learned and best practices from responses to acts of terrorism, natural disasters, and other emergencies or exercises. (Sec. 6012) FEMA shall develop an implementation plan to address the findings and recommendations of the 2017 Management Review Team report on live agent training at the Chemical, Ordnance, Biological and Radiological Training Facility and provide to Congress updates on efforts to implement recommendations related to the management review of the Chemical, Ordnance, Biological, and Radiological Training Facility of the Center for Domestic Preparedness of FEMA. The GAO shall review and report to Congress on the status of the implementation plan and the governance structure at the Chemical, Ordnance, Biological and Radiological Training Facility of the Center for Domestic Preparedness of FEMA. (Sec. 6013) The HSA is amended to establish in FEMA a senior law enforcement advisor to strengthen FEMA's coordination among state, local, and tribal law enforcement. The advisor shall: (1) coordinate on behalf of FEMA with the Office for State and Local Law Enforcement to ensure state, local, and tribal law enforcement receive consideration in policies, guidance, training, and exercises related to preventing, preparing for, protecting against, and responding to natural disasters, acts of terrorism, and other man-made disasters; and (2) work with FEMA and the office to ensure grants to state, local, and tribal government agencies appropriately focus on terrorism prevention activities. (Sec. 6014) FEMA must identify and integrate the needs of children into activities relating to natural disasters, acts of terrorism, and other man-made disasters, including catastrophic incidents, including by appointing a technical expert to coordinate such activities. (Sec. 6015) FEMA shall designate an individual to serve as its chief management official and principal advisor on management matters, including management integration in support of emergency management operations and programs. The management official shall be responsible for FEMA's management and administration, including with respect to: procurement; human resources and personnel; information technology and communications systems; real property investment and planning, facilities, accountable personal property (including fleet and other material resources), records and disclosure, privacy, safety and health, and sustainability and environmental management; and security for personnel, information technology and communications systems, facilities, property, equipment, and other material resources. FEMA must report to Congress on: (1) a review of financial, human capital, information technology, real property planning, and acquisition management of headquarters and all FEMA regional offices; and (2) a strategy for capturing financial, human capital, information technology, real property planning, and acquisition data. (Sec. 6016) FEMA must report on its efforts to modernize its grants and financial information technology systems. (Sec. 6017) By May 1, 2018, and by May 1 of each of the five succeeding years, FEMA must submit an update of its strategic human capital plan. (Sec. 6018) This section establishes within FEMA an Office of Disability Integration and Coordination. The office's mission is to ensure that individuals with disabilities and other access and functional needs are included in emergency management activities throughout FEMA by providing guidance, tools, methods, and strategies for the purpose of equal physical program and effective communication access.
- Who sponsors HR 2825?
- HR 2825 is sponsored by McCaul, Michael T. (Republican).
- What is the current status of HR 2825?
- This bill died with 115th Congress. It reached “Passed House” and never advanced before the session ended, so it can no longer move — a new version would have to be reintroduced in the current session.
- Where can I track HR 2825?
- Track HR 2825 free on One Click Politics — get push/email alerts when it moves.
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