US Codex
U.S.C.
Notes

§701. Definitions — Inbound Citations

6 U.S.C. § 701

Cited by 631 provisions in release 119-102.

Citations to 6 U.S.C. § 701 as a whole

Citations to §701(1)

  • (D) An Administrator of the Federal Emergency Management Agency.
  • (5) The Federal Computer Incident Response Center of the General Services Administration, including the functions of the Administrator of General Services relating thereto.
  • (c) In carrying out the duties described in subsection (a), the Under Secretary for Intelligence and Analysis shall consult with the Director of the Federal Law Enforcement Training Center, the Attorney General, the Director of National Intelligence, the Administrator of the Federal Emergency Management Agency, and other appropriate parties, such as private industry, institutions of higher education, nonprofit institutions, and other intelligence agencies of the Federal Government.
  • (4) The Secretary and the Attorney General shall coordinate with the Administrator of the Federal Aviation Administration when any action authorized by this section might affect aviation safety, civilian aviation and aerospace operations, aircraft airworthiness, or the use of the airspace.
  • (B) The Attorney General, in coordination with the Secretary of Homeland Security and the Administrator of the Federal Aviation Administration, shall oversee compliance with the requirements set forth in subsection (e) with respect to the use of the authority granted under subsection (a)(2) by each State, local, Tribal, and territorial law enforcement agency that has been certified pursuant to the training and certification requirements described in subparagraph (A).
  • (B) The Secretary and the Attorney General shall respectively coordinate with the Secretary of Transportation and the Administrator of the Federal Aviation Administration before issuing any guidance, or otherwise implementing this section, if such guidance or implementation might affect aviation safety, civilian aviation and aerospace operations, aircraft airworthiness, or the use of airspace.
  • (1) vest in the Secretary or the Attorney General any authority of the Secretary of Transportation or the Administrator of the Federal Aviation Administration;
  • (2) vest in the Secretary of Transportation or the Administrator of the Federal Aviation Administration any authority of the Secretary or the Attorney General;
  • (i) The Administrator of the Federal Emergency Management Agency shall—
    (I) coordinate the response to and recovery from the effects of EMPs and GMDs on critical infrastructure, in coordination with the heads of appropriate Sector-Specific Agencies, and on matters related to the bulk power system, in consultation with the Secretary of Energy and the Federal Energy Regulatory Commission; and
    (II) to the extent practicable, incorporate events that include EMPs and extreme GMDs as a factor in preparedness scenarios and exercises.
  • (ii) The Administrator of the Federal Emergency Management Agency, in coordination with the Director of the Cybersecurity and Infrastructure Security Agency, and on matters related to the bulk power system, the Secretary of Energy and the Federal Energy Regulatory Commission, shall—
    (I) not later than June 19, 2020, develop plans and procedures to coordinate the response to and recovery from EMP and GMD events; and
    (II) not later than December 21, 2020, conduct a national exercise to test the preparedness and response of the Nation to the effect of an EMP or extreme GMD event.
  • (i) The Administrator of the Federal Emergency Management Agency, in coordination with relevant stakeholders, shall maintain a network of systems, such as the alerting capabilities of the integrated public alert and warning system authorized under section 321o of this title, that are capable of providing appropriate emergency information to the public before (if possible), during, and in the aftermath of an EMP or GMD.
  • (ii) Not later than December 21, 2020, the Administrator of the Federal Emergency Management Agency, shall brief the appropriate congressional committees regarding the maintenance of systems, including the alerting capabilities of the integrated public alert and warning system authorized under section 321o of this title.
  • (2) as diminishing or transferring any authorities vested in the Administrator of the Federal Emergency Management Agency or in the Agency prior to December 20, 2019.
  • (3) the Federal Protective Service of the General Services Administration, including the functions of the Administrator of General Services relating thereto;
  • (a) The Administrator of the Transportation Security Administration (referred to in this section as “Administrator”) shall establish within the Transportation Security Administration the Surface Transportation Security Advisory Committee (referred to in this section as the “Advisory Committee”).
  • (1) The Advisory Committee may advise, consult with, report to, and make recommendations to the Administrator on surface transportation security matters, including the development, refinement, and implementation of policies, programs, initiatives, rulemakings, and security directives pertaining to surface transportation security.
  • (A) voting members appointed by the Administrator under paragraph (2); and
  • (iv) such other Federal department or agency as the Administrator considers appropriate.
  • (2) The Administrator shall appoint voting members from among stakeholders representing each mode of surface transportation, such as passenger rail, freight rail, mass transit, pipelines, highways, over-the-road bus, school bus industry, and trucking, including representatives from—
    (A) associations representing such modes of surface transportation;
    (B) labor organizations representing such modes of surface transportation;
    (C) groups representing the users of such modes of surface transportation, including asset manufacturers, as appropriate;
    (D) relevant law enforcement, first responders, and security experts; and
    (E) such other groups as the Administrator considers appropriate.
  • (E) such other groups as the Administrator considers appropriate.
  • (i) The term of each voting member of the Advisory Committee shall be 2 years, but a voting member may continue to serve until the Administrator appoints a successor.
  • (i) The Administrator may review the participation of a member of the Advisory Committee and remove such member for cause at any time.
  • (ii) The Administrator may remove any member of the Advisory Committee that the Administrator determines should be restricted from reviewing, discussing, or possessing classified information or sensitive security information.
  • (A) The Administrator shall require the Advisory Committee to meet at least semiannually in person or through web conferencing and may convene additional meetings as necessary.
  • (A) Not later than 60 days after the date on which a voting member is appointed to the Advisory Committee and before that voting member may be granted any access to classified information or sensitive security information, the Administrator shall determine if the voting member should be restricted from reviewing, discussing, or possessing classified information or sensitive security information.
  • (1) The Advisory Committee shall periodically submit reports to the Administrator on matters requested by the Administrator or by a majority of the members of the Advisory Committee.
  • (A) The Advisory Committee shall submit to the Administrator and the appropriate congressional committees an annual report that provides information on the activities, findings, and recommendations of the Advisory Committee during the preceding year.
  • (B) Not later than 6 months after the date that the Administrator receives an annual report under subparagraph (A), the Administrator shall publish a public version of the report, in accordance with section 552a(b) of title 5.
  • (1) The Administrator shall consider the information, advice, and recommendations of the Advisory Committee in formulating policies, programs, initiatives, rulemakings, and security directives pertaining to surface transportation security.
  • (2) Not later than 90 days after the date that the Administrator receives a recommendation from the Advisory Committee under subsection (d)(2), the Administrator shall submit to the Advisory Committee written feedback on the recommendation, including—
    (A) if the Administrator agrees with the recommendation, a plan describing the actions that the Administrator has taken, will take, or recommends that the head of another Federal department or agency take to implement the recommendation; or
    (B) if the Administrator disagrees with the recommendation, a justification for that determination.
  • (A) if the Administrator agrees with the recommendation, a plan describing the actions that the Administrator has taken, will take, or recommends that the head of another Federal department or agency take to implement the recommendation; or
  • (B) if the Administrator disagrees with the recommendation, a justification for that determination.
  • (3) Not later than 30 days after the date the Administrator submits feedback under paragraph (2), the Administrator shall—
    (A) notify the appropriate congressional committees of the feedback, including the determination under subparagraph (A) or subparagraph (B) of that paragraph, as applicable; and
    (B) provide the appropriate congressional committees with a briefing upon request.
  • (4) Not later than 90 days after the date the Administrator receives a recommendation from the Advisory Committee under subsection (d)(2) that the Administrator agrees with, and quarterly thereafter until the recommendation is fully implemented, the Administrator shall submit a report to the appropriate congressional committees or post on the public website under paragraph (5) an update on the status of the recommendation.
  • (5) The Administrator shall maintain a public website that—
    (A) lists the members of the Advisory Committee; and
    (B) provides the contact information for the Advisory Committee.
  • (a) Nothing in this chapter may be construed to affect the functions or authorities of the Administrator of General Services with respect to the operation, maintenance, and protection of buildings and grounds owned or occupied by the Federal Government and under the jurisdiction, custody, or control of the Administrator. Except for the law enforcement and related security functions transferred under section 203(3) of this title, the Administrator shall retain all powers, functions, and authorities vested in the Administrator under chapter 1, except section 121(e)(2)(A), and chapters 5 to 11 of title 40 and other provisions of law that are necessary for the operation, maintenance, and protection of such buildings and grounds.
  • (A) to direct the transfer of, or affect, the authority of the Administrator of General Services to collect rents and fees, including fees collected for protective services; or
  • (2) Any amounts transferred by the Administrator of General Services to the Secretary out of rents and fees collected by the Administrator shall be used by the Secretary solely for the protection of buildings or grounds owned or occupied by the Federal Government.
  • (a) The Secretary and other officials in the Department shall consult with the Administrator of the Federal Aviation Administration before taking any action that might affect aviation safety, air carrier operations, aircraft airworthiness, or the use of airspace. The Secretary shall establish a liaison office within the Department for the purpose of consulting with the Administrator of the Federal Aviation Administration.
  • (1) The Commissioner of U.S. Customs and Border Protection, in consultation with the Administrator of General Services, may enter into an agreement with any entity to accept a donation of personal property, money, or nonpersonal services for the uses described in paragraph (3) only with respect to the following locations at which U.S. Customs and Border Protection performs or will be performing inspection services:
    (A) A new or existing sea or air port of entry.
    (B) An existing Federal Government-owned or -leased land port of entry.
    (C) A new Federal Government-owned or -leased land port of entry if—
    (i) the fair market value of the donation is $75,000,000 or less; and
    (ii) the fair market value of donations with respect to the land port of entry total $75,000,000 or less over the preceding five years.
  • (1) Subject to paragraph (3), the Commissioner of U.S. Customs and Border Protection, and the Administrator of General Services, as applicable, may enter into an agreement with any entity to accept a donation of real property or money for uses described in paragraph (2) only with respect to the following locations at which U.S. Customs and Border Protection performs or will be performing inspection services:
    (A) A new or existing sea or air port of entry.
    (B) An existing Federal Government-owned land port of entry.
    (C) A new Federal Government-owned land port of entry if—
    (i) the fair market value of the donation is $75,000,000 or less; and
    (ii) the fair market value of donations with respect to the land port of entry total $75,000,000 or less over the preceding five years.
  • (3) A donation of real property under this subsection at an existing land port of entry owned by the General Services Administration may only be accepted by the Administrator of General Services.
  • (2) In carrying out an agreement entered into under subsection (a) or (b), the Commissioner of U.S. Customs and Border Protection, in consultation with the Administrator of General Services, shall establish criteria regarding—
    (A) the selection and evaluation of donors;
    (B) the identification of roles and responsibilities between U.S. Customs and Border Protection, the General Services Administration, and donors;
    (C) the identification, allocation, and management of explicit and implicit risks of partnering between the Federal Government and donors;
    (D) decision-making and dispute resolution processes; and
    (E) processes for U.S. Customs and Border Protection, and the General Services Administration, as applicable, to terminate agreements if selected donors are not meeting the terms of any such agreement, including the security standards established by U.S. Customs and Border Protection.
  • (A) The Commissioner of U.S. Customs and Border Protection, in consultation with the Administrator of General Services, as applicable, shall—
    (i) establish criteria for evaluating a proposal to enter into an agreement under subsection (a) or (b); and
    (ii) make such criteria publicly available.
  • (ix) other factors that the Commissioner or Administrator determines to be relevant.
  • (ii) Not later than 180 days after receiving a completed proposal to enter into an agreement under subsection (a) or (b), the Commissioner of U.S. Customs and Border Protection, with the concurrence of the Administrator of General Services, as applicable, shall—
    (I) determine whether to approve or deny such proposal; and
    (II) notify the entity that submitted such proposal of such determination.
  • (4) Except as required under section 3307 of title 40, real property donations to the Administrator of General Services made pursuant to subsection1 (a) and1 (b) at a GSA-owned land port of entry may be used in addition to any other funding for such purpose, including appropriated funds, property, or services.
  • (5) The Commissioner of U.S. Customs and Border Protection, or the Administrator of General Services, as applicable, may return any donation made pursuant to subsection (a) or (b). No interest shall be owed to the donor with respect to any donation provided under such subsections that is returned pursuant to this subsection.
  • (A) Except as provided in subsections (a) and (b) regarding the acceptance of donations, the Commissioner of U.S. Customs and Border Protection and the Administrator of General Services, as applicable, may not, with respect to an agreement entered into under either of such subsections, obligate or expend amounts in excess of amounts that have been appropriated pursuant to any appropriations Act for purposes specified in either of such subsections or otherwise made available for any of such purposes.
  • (7) The Commissioner of U.S. Customs and Border Protection, in collaboration with the Administrator of General Services, as applicable, shall submit an annual report identifying the activities undertaken and agreements entered into pursuant to subsections (a) and (b) to—
    (A) the Committee on Appropriations of the Senate;
    (B) the Committee on Environment and Public Works of the Senate;
    (C) the Committee on Finance of the Senate;
    (D) the Committee on Homeland Security and Governmental Affairs of the Senate;
    (E) the Committee on the Judiciary of the Senate;
    (F) the Committee on Appropriations of the House of Representatives;
    (G) the Committee on Homeland Security of the House of Representatives;
    (H) the Committee on the Judiciary of the House of Representatives;
    (I) the Committee on Transportation and Infrastructure of the House of Representatives; and
    (J) the Committee on Ways and Means of the House of Representatives.
  • (e) Decisions of the Commissioner of U.S. Customs and Border Protection and the Administrator of General Services under this section regarding the acceptance of real or personal property are in the discretion of the Commissioner and the Administrator and are not subject to judicial review.
  • (2) The Tax and Trade Bureau shall be headed by an Administrator, who shall perform such duties as assigned by the Under Secretary for Enforcement of the Department of the Treasury. The Administrator shall occupy a career-reserved position within the Senior Executive Service.
  • (a) 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) 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.
  • (4) the aviation industry stakeholder advisory committee established by the Administrator.
  • (c) The Administrator may not publish the Plan under subsection (a)(2) until it has been approved by the Secretary.
  • (2) incorporate private sector input, including from the aviation industry stakeholder advisory committee established by the Administrator, through requests for information, industry days, and other innovative means consistent with the Federal Acquisition Regulation; and
  • (f) The Administrator shall include with the Plan a list of nongovernment persons that contributed to the writing of the Plan.
  • (g) The Administrator shall, in collaboration with relevant industry and government stakeholders, annually submit to Congress in an appendix to the budget request and publish in an unclassified format in the public domain—
    (1) an update of the Plan;
    (2) a report on the extent to which each security-related technology acquired by the Administration since the last issuance or update of the Plan is consistent with the planned technology programs and projects identified under subsection (d)(2) for that security-related technology; and
    (3) information about acquisitions completed during the fiscal year preceding the fiscal year during which the report is submitted.
  • (1) 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 notice of any covered change to the Plan not later than 90 days after the date that the covered change is made.
  • (a) Before the Administration implements any security-related technology acquisition, the Administrator, in accordance with the Department’s policies and directives, shall determine whether the acquisition is justified by conducting an analysis that includes—
    (1) an identification of the scenarios and level of risk to transportation security from those scenarios that would be addressed by the security-related technology acquisition;
    (2) an assessment of how the proposed acquisition aligns to the Plan;
    (3) a comparison of the total expected lifecycle cost against the total expected quantitative and qualitative benefits to transportation security;
    (4) an analysis of alternative security solutions, including policy or procedure solutions, to determine if the proposed security-related technology acquisition is the most effective and cost-efficient solution based on cost-benefit considerations;
    (5) an assessment of the potential privacy and civil liberties implications of the proposed acquisition that includes, to the extent practicable, consultation with organizations that advocate for the protection of privacy and civil liberties;
    (6) a determination that the proposed acquisition is consistent with fair information practice principles issued by the Privacy Officer of the Department;
    (7) confirmation that there are no significant risks to human health or safety posed by the proposed acquisition; and
    (8) an estimate of the benefits to commercial aviation passengers.
  • (1) Not later than the end of the 30-day period preceding the award by the Administration of a contract for any security-related technology acquisition exceeding $30,000,000, the Administrator shall submit to the Committee on Commerce, Science, and Transportation of the Senate and the Committee on Homeland Security of the House of Representatives—
    (A) the results of the comprehensive acquisition justification under subsection (a); and
    (B) a certification by the Administrator that the benefits to transportation security justify the contract cost.
  • (B) a certification by the Administrator that the benefits to transportation security justify the contract cost.
  • (2) If there is a known or suspected imminent threat to transportation security, the Administrator
    (A) may reduce the 30-day period under paragraph (1) to 5 days to rapidly respond to the threat; and
    (B) shall immediately notify the Committee on Commerce, Science, and Transportation of the Senate and the Committee on Homeland Security of the House of Representatives of the known or suspected imminent threat.
  • (4) The Administrator, in consultation with the Under Secretary for Science and Technology, shall develop a test and evaluation plan that describes—
    (A) the activities that are expected to be required to assess acquired technologies against the performance milestones established under paragraph (2)(A);
    (B) the necessary and cost-effective combination of laboratory testing, field testing, modeling, simulation, and supporting analysis to ensure that such technologies meet the Administration’s mission needs;
    (C) an efficient planning schedule to ensure that test and evaluation activities are completed without undue delay; and
    (D) if commercial aviation passengers are expected to interact with the security-related technology, methods that could be used to measure passenger acceptance of and familiarization with the security-related technology.
  • (6) The Administrator shall establish a streamlined process for an interested vendor of a security-related technology to request and receive appropriate access to the baseline requirements and test and evaluation plans that are necessary for the vendor to participate in the acquisitions process for that technology.
  • (2) Not later than 30 days after making a finding described in clause (i), (ii), or (iii) of subparagraph (A), the Administrator shall submit a report to the Committee on Commerce, Science, and Transportation of the Senate and the Committee on Homeland Security of the House of Representatives that includes—
    (A) the results of any assessment that finds that—
    (i) the actual or planned costs exceed the baseline costs by more than 10 percent;
    (ii) the actual or planned schedule for delivery has been delayed by more than 180 days; or
    (iii) there is a failure to meet any performance milestone that directly impacts security effectiveness;
    (B) the cause for such excessive costs, delay, or failure; and
    (C) a plan for corrective action.
  • (a) Before the procurement of additional quantities of equipment to fulfill a mission need, the Administrator, to the extent practicable, shall utilize any existing units in the Administration’s inventory to meet that need.
  • (1) The Administrator shall establish a process for tracking—
    (A) the location of security-related equipment in the inventory under subsection (a);
    (B) the utilization status of security-related technology in the inventory under subsection (a); and
    (C) the quantity of security-related equipment in the inventory under subsection (a).
  • (2) The Administrator shall implement internal controls to ensure up-to-date accurate data on security-related technology owned, deployed, and in use.
  • (1) The Administrator shall establish logistics principles for managing inventory in an effective and efficient manner.
  • (2) The Administrator may not use just-in-time logistics if doing so—
    (A) would inhibit necessary planning for large-scale delivery of equipment to airports or other facilities; or
    (B) would unduly diminish surge capacity for response to a terrorist threat.
  • Not later than 90 days after December 18, 2014, and annually thereafter, the Administrator shall submit a report to the Committee on Commerce, Science, and Transportation of the Senate and the Committee on Homeland Security of the House of Representatives that includes—
  • The Administrator shall execute the responsibilities set forth in this part in a manner consistent with, and not duplicative of, the Federal Acquisition Regulation and the Department’s policies and directives.
  • (a) Not later than 120 days after October 5, 2018, the Administrator shall develop and submit to the Committee on Commerce, Science, and Transportation of the Senate and the Committee on Homeland Security of the House of Representatives a strategy to promote a diverse security technology industry marketplace upon which the Administrator can rely to acquire advanced transportation security technologies or capabilities, including by increased participation of small business innovators.
  • (1) Information on how existing Administration solicitation, testing, evaluation, piloting, acquisition, and procurement processes impact the Administrator’s ability to acquire from the security technology industry marketplace, including small business innovators that have not previously provided technology to the Administration, innovative technologies or capabilities with the potential to enhance transportation security.
  • (2) Specific actions that the Administrator will take, including modifications to the processes described in paragraph (1), to foster diversification within the security technology industry marketplace.
  • (4) Plans for how the Administrator could, to the extent practicable, assist a small business innovator periodically during such processes, including when such an innovator lacks adequate resources to participate in such processes, to facilitate an advanced transportation security technology or capability being developed and acquired by the Administrator.
  • (c) In conducting the feasibility assessment under subsection (b)(5), the Administrator shall consider the following:
    (1) Establishing an organization described in section 501(c)(3) of title 26 and exempt from tax under section 501(a) of title 26 as a venture capital partnership between the private sector and the intelligence community to help businesses, particularly small business innovators, commercialize innovative security-related technologies.
    (2) Enhanced engagement through the Science and Technology Directorate of the Department of Homeland Security.
  • (a) Not later than 180 days after October 5, 2018, the Administrator shall develop and implement a preventive maintenance validation process for security-related technology deployed to airports.
  • (2) Mechanisms for the Administrator to verify compliance with the guidance issued pursuant to paragraph (1).
  • (d) The Administrator shall require maintenance for any contracts entered into 60 days after October 5, 2018, or later for security-related technology deployed to airports to include penalties for noncompliance when it is determined that either preventive or corrective maintenance has not been completed according to contractual requirements and manufacturers’ specifications.
  • (7) coordinate with the Regional Administrators regarding the activities of Regional Emergency Communications Coordination Working Groups under section 575 of this title;
  • (2) with the Administrator of the Federal Emergency Management Agency with respect to the responsibilities described in this subchapter.
  • (a) There is established in each Regional Office a Regional Emergency Communications Coordination Working Group (in this section referred to as an “RECC Working Group”). Each RECC Working Group shall report to the relevant Regional Administrator and coordinate its activities with the relevant Regional Advisory Council.
  • (12) Representatives from other private sector entities and nongovernmental organizations as the Regional Administrator determines appropriate.
  • (2) reporting annually to the relevant Regional Administrator, the Assistant Director for Emergency Communications, the Chairman of the Federal Communications Commission, and the Assistant Secretary for Communications and Information of the Department of Commerce on the status of its region in building robust and sustainable interoperable voice and data emergency communications networks and, not later than 60 days after the completion of the initial National Emergency Communications Plan under section 572 of this title, on the progress of the region in meeting the goals of such plan;
  • (1) The Administrator of the Federal Emergency Management Agency shall administer the Interoperable Emergency Communications Grant Program pursuant to the responsibilities and authorities of the Administrator under subchapter V.
  • (2) In administering the grant program, the Administrator shall ensure that the use of grants is consistent with guidance established by the Assistant Director for Emergency Communications pursuant to section 194(a)(1)(H) of this title.
  • (B) the degree of threat, vulnerability, and consequences related to critical infrastructure (from all critical infrastructure sectors) or key resources identified by the Administrator or the State homeland security and emergency management plans, including threats to, vulnerabilities of, and consequences from damage to critical infrastructure and key resources in nearby jurisdictions;
  • (i) In considering applications for grants under this section, the Administrator shall provide applicants with a reasonable opportunity to correct defects in the application, if any, before making final awards.
  • (c) Nothing in this subchapter or any other provision of law may be construed to affect or reduce the responsibilities of the Federal Emergency Management Agency or the Administrator of the Agency, including the diversion of any asset, function, or mission of the Agency or the Administrator of the Agency.
  • (1) serving as the principal advisor on medical and public health issues to the Secretary, the Administrator of the Federal Emergency Management Agency, the Assistant Secretary, and other Department officials;
  • (a) 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) 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) 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.
  • (a) The Secretary, acting through the Administrator of the Transportation Security Administration, is authorized to train, employ, and utilize surface transportation security inspectors.
  • (e) The Secretary, acting through the Administrator of the Transportation Security Administration, shall work to ensure that explosives detection canine teams are procured as efficiently as possible and at the best price, while maintaining the needed level of quality, including, if appropriate, through increased domestic breeding.
  • (1) In order to enhance the screening of air cargo and ensure that third party explosives detection canine assets are leveraged for such purpose, the Administrator shall, not later than 180 days after October 5, 2018—
    (A) develop and issue standards for the use of such third party explosives detection canine assets for the primary screening of air cargo;
    (B) develop a process to identify qualified non-Federal entities that will certify canine assets that meet the standards established by the Administrator under subparagraph (A);
    (C) ensure that entities qualified to certify canine assets shall be independent from entities that will train and provide canines to end users of such canine assets;
    (D) establish a system of Transportation Security Administration audits of the process developed under subparagraph (B); and
    (E) provide that canines certified for the primary screening of air cargo can be used by air carriers, foreign air carriers, freight forwarders, and shippers.
  • (B) develop a process to identify qualified non-Federal entities that will certify canine assets that meet the standards established by the Administrator under subparagraph (A);
  • (2) Beginning on the date that the development of the process under paragraph (1)(B) is complete, the Administrator shall—
    (A) facilitate the deployment of such assets that meet the certification standards of the Administration, as determined by the Administrator;
    (B) make such standards available to vendors seeking to train and deploy third party explosives detection canine assets; and
    (C) ensure that all costs for the training and certification of canines, and for the use of supplied canines, are borne by private industry and not the Federal Government.
  • (A) facilitate the deployment of such assets that meet the certification standards of the Administration, as determined by the Administrator;
  • (a) The Administrator and the Commissioner of U.S. Customs and Border Protection shall consult with each other on the deployment of biometric technologies.
  • (c) Not later than 270 days after October 5, 2018, the Secretary shall submit to the appropriate committees of Congress, and to any Member of Congress upon the request of that Member, a report that includes specific assessments from the Administrator and the Commissioner of U.S. Customs and Border Protection with respect to the following:
    (1) The operational and security impact of using biometric technology to identify travelers.
    (2) The potential effects on privacy of the expansion of the use of biometric technology under paragraph (1), including methods proposed or implemented to mitigate any risks to privacy identified by the Administrator or the Commissioner related to the active or passive collection of biometric data.
    (3) Methods to analyze and address any matching performance errors related to race, gender, or age identified by the Administrator with respect to the use of biometric technology, including the deployment of facial recognition technology;1
    (4) With respect to the biometric entry-exit program, the following:
    (A) Assessments of—
    (i) the error rates, including the rates of false positives and false negatives, and accuracy of biometric technologies;
    (ii) the effects of biometric technologies, to ensure that such technologies do not unduly burden categories of travelers, such as a certain race, gender, or nationality;
    (iii) the extent to which and how biometric technologies could address instances of travelers to the United States overstaying their visas, including—
    (I) an estimate of how often biometric matches are contained in an existing database;
    (II) an estimate of the rate at which travelers using fraudulent credentials identifications are accurately rejected; and
    (III) an assessment of what percentage of the detection of fraudulent identifications could have been accomplished using conventional methods;
    (iv) the effects on privacy of the use of biometric technologies, including methods to mitigate any risks to privacy identified by the Administrator or the Commissioner of U.S. Customs and Border Protection related to the active or passive collection of biometric data; and
    (v) the number of individuals who stay in the United States after the expiration of their visas each year.
    (B) A description of—
    (i) all audits performed to assess—
    (I) error rates in the use of biometric technologies; or
    (II) whether the use of biometric technologies and error rates in the use of such technologies disproportionately affect a certain race, gender, or nationality; and
    (ii) the results of the audits described in clause (i).
    (C) A description of the process by which domestic travelers are able to opt-out of scanning using biometric technologies.
    (D) A description of—
    (i) what traveler data is collected through scanning using biometric technologies, what agencies have access to such data, and how long the agencies possess such data;
    (ii) specific actions that the Department and other relevant Federal departments and agencies take to safeguard such data; and
    (iii) a short-term goal for the prompt deletion of the data of individual United States citizens after such data is used to verify traveler identities.
  • (2) The potential effects on privacy of the expansion of the use of biometric technology under paragraph (1), including methods proposed or implemented to mitigate any risks to privacy identified by the Administrator or the Commissioner related to the active or passive collection of biometric data.
  • (3) Methods to analyze and address any matching performance errors related to race, gender, or age identified by the Administrator with respect to the use of biometric technology, including the deployment of facial recognition technology;1
  • (iv) the effects on privacy of the use of biometric technologies, including methods to mitigate any risks to privacy identified by the Administrator or the Commissioner of U.S. Customs and Border Protection related to the active or passive collection of biometric data; and
  • (d) The Secretary, the Administrator, and the Commissioner shall, if practicable, publish a public version of the assessment required by subsection (c)(2) on the Internet website of the TSA and of the U.S. Customs and Border Protection.
  • (c) The Administrator shall develop and implement a plan to utilize, in addition to any background check required for initial issue, the Federal Bureau of Investigation’s Rap Back Service and other vetting tools as appropriate, including the No-Fly and Selectee lists, to get immediate notification of any criminal activity relating to any person with a valid transportation security card.
  • (1) Not later than 30 days after August 3, 2007, the Administrator of the Federal Transit Administration of the Department of Transportation shall submit all public transportation security assessments and all other relevant information to the Secretary.
  • (a) The Administrator shall establish a program to promote surface transportation security through the training of surface transportation operators and frontline employees on each of the skills identified in subsection (c).
  • (1) The Administrator shall conduct an assessment of current training programs for surface transportation operators and frontline employees.
  • (e) The Administrator shall ensure the program established under subsection (a) is updated as necessary to address changes in risk and terrorist methods and to close any gaps identified in the assessment under subsection (d).
  • (2) The Administrator shall establish procedures for the Administration—
    (A) to review and follow-up, as necessary, on each report received under paragraph (1); and
    (B) to share, as necessary and in accordance with law, the report with appropriate Federal, State, local, and tribal entities.
  • (1) an employee of a public transportation agency who is a transit vehicle driver or operator, dispatcher, maintenance and maintenance support employee, station attendant, customer service employee, security employee, or transit police, or any other employee who has direct contact with riders on a regular basis, and any other employee of a public transportation agency that the Administrator determines should receive security training under this section or that is receiving security training under other law;
  • (2) over-the-road bus drivers, security personnel, dispatchers, maintenance and maintenance support personnel, ticket agents, other terminal employees, and other employees of an over-the-road bus operator or terminal owner or operator that the Administrator determines should receive security training under this section or that is receiving security training under other law; or
  • (3) security personnel, dispatchers, locomotive engineers, conductors, trainmen, other onboard employees, maintenance and maintenance support personnel, bridge tenders, and any other employees of railroad carriers that the Administrator determines should receive security training under this section or that is receiving security training under other law.
  • (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.
  • (1) 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.
  • (1) 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.
  • (a) The Secretary, acting through the Under Secretary for Science and Technology and the Administrator of the Transportation Security Administration, shall carry out a research and development program for the purpose of improving the security of railroad transportation systems.
  • (a) The Secretary, acting through the Under Secretary for Science and Technology and the Administrator of the Transportation Security Administration, shall carry out a research and development program for the purpose of improving the security of over-the-road buses.
  • (1) In conjunction with the research and development program established under section 1168 of this title and consistent with the results of research relating to wireless and other tracking technologies, the Secretary, in consultation with the Administrator of the Transportation Security Administration, shall develop a program that will encourage the equipping of railroad cars transporting security-sensitive materials, as defined in section 1151 of this title, with technology that provides—
    (A) car position location and tracking capabilities; and
    (B) notification of railroad car depressurization, breach, unsafe temperature, or release of hazardous materials, as appropriate.
  • (1) Not later than 6 months after August 3, 2007, consistent with the findings of the Transportation Security Administration’s hazardous materials truck security pilot program, the Secretary, through the Administrator of the Transportation Security Administration and in consultation with the Secretary of Transportation, shall develop a program to facilitate the tracking of motor carrier shipments of security-sensitive materials and to equip vehicles used in such shipments with technology that provides—
    (A) frequent or continuous communications;
    (B) vehicle position location and tracking capabilities; and
    (C) a feature that allows a driver of such vehicles to broadcast an emergency distress signal.
  • (a) The Secretary, in consultation with the Secretary of Transportation and the Administrator of the Pipeline and Hazardous Materials Safety Administration, and in accordance with the Annex to the Memorandum of Understanding executed on August 9, 2006, the National Strategy for Transportation Security, and Homeland Security Presidential Directive–7, shall develop a pipeline security and incident recovery protocols plan. The plan shall include—
    (1) for the Government to provide increased security support to the most critical interstate and intrastate natural gas and hazardous liquid transmission pipeline infrastructure and operations as determined under section 1207 of this title when—
    (A) under severe security threat levels of alert; or
    (B) under specific security threat information relating to such pipeline infrastructure or operations exists; and
    (2) an incident recovery protocol plan, developed in conjunction with interstate and intrastate transmission and distribution pipeline operators and terminals and facilities operators connected to pipelines, to develop protocols to ensure the continued transportation of natural gas and hazardous liquids to essential markets and for essential public health or national defense uses in the event of an incident affecting the interstate and intrastate natural gas and hazardous liquid transmission and distribution pipeline system, which shall include protocols for restoring essential services supporting pipelines and granting access to pipeline operators for pipeline infrastructure repair, replacement, or bypass following an incident.
  • (D) implement a single sign-on trusted identity platform for individuals accessing each public website of the agency that requires user authentication, as developed by the Administrator of General Services in collaboration with the Secretary; and

Citations to §701(3)

  • (1) Not later than 1 year after December 31, 2020, and annually thereafter, the Commissioner of U.S. Customs and Border Protection shall submit a report to the appropriate committees of Congress regarding all unidentified remains discovered, during the reporting period, on or near the border between the United States and Mexico, including—
    (A) for each deceased person—
    (i) the cause and manner of death, if known;
    (ii) the sex, age (at time of death), and country of origin (if such information is determinable); and
    (iii) the location of each unidentified remain;
    (B) the total number of deceased people whose unidentified remains were discovered by U.S. Customs and Border Protection during the reporting period;
    (C) to the extent such information is available to U.S. Customs and Border Protection, the total number of deceased people whose unidentified remains were discovered by Federal, State, local or Tribal law enforcement officers, military personnel, or medical examiners offices;
    (D) the efforts of U.S. Customs and Border Protection to engage with nongovernmental organizations, institutions of higher education, medical examiners and coroners, and law enforcement agencies
    (i) to identify and map the locations at which migrant deaths occur; and
    (ii) to count the number of deaths that occur at such locations; and
    (E) a detailed description of U.S. Customs and Border Protection’s Missing Migrant Program, including how the program helps mitigate migrant deaths while maintaining border security.
  • (b) Not later than 1 year after December 31, 2020, and annually thereafter, the Commissioner of U.S. Customs and Border Protection shall submit a report to the appropriate committees of Congress regarding the use of rescue beacons along the border between the United States and Mexico, including, for the reporting period—
    (1) the number of rescue beacons in each border patrol sector;
    (2) the specific location of each rescue beacon;
    (3) the frequency with which each rescue beacon was activated by a person in distress;
    (4) a description of the nature of the distress that resulted in each rescue beacon activation (if such information is determinable); and
    (5) an assessment, in consultation with local stakeholders, including elected officials, nongovernmental organizations, and landowners, of necessary additional rescue beacons and recommendations for locations for deployment to reduce migrant deaths.
  • (c) Not later than 6 months after the report required under subsection (a) is submitted to the appropriate committees of Congress, the Comptroller General of the United States shall submit a report to the same committees that describes—
    (1) how U.S. Customs and Border Protection collects and records border-crossing death data;
    (2) the differences (if any) in U.S. Customs and Border Protection border-crossing death data collection methodology across its sectors;
    (3) how U.S. Customs and Border Protection’s data and statistical analysis on trends in the numbers, locations, causes, and characteristics of border-crossing deaths compare to other sources of data on these deaths, including border county medical examiners and coroners and the Centers for Disease Control and Prevention;
    (4) how U.S. Customs and Border Protection measures the effectiveness of its programs to mitigate migrant deaths; and
    (5) the extent to which U.S. Customs and Border Protection engages Federal, State, local, and Tribal governments, foreign diplomatic and consular posts, and nongovernmental organizations—
    (A) to accurately identify deceased individuals;
    (B) to resolve cases involving unidentified remains;
    (C) to resolve cases involving unidentified persons; and
    (D) to share information on missing persons and unidentified remains, specifically with the National Missing and Unidentified Persons System (NamUs).
  • (b) Before the Attorney General or the Secretary obligates any resources for voluntary separation incentive payments under this section, such official shall submit to the appropriate committees of Congress a strategic restructuring plan, which shall include—
    (1) an organizational chart depicting the covered entities after their restructuring pursuant to this chapter;
    (2) a summary description of how the authority under this section will be used to help carry out that restructuring; and
    (3) the information specified in section 663(b)(2) of Public Law 104–208 (5 U.S.C. 5597 note).
    As used in the preceding sentence, the “appropriate committees of Congress” are the Committees on Appropriations, Government Reform, and the Judiciary of the House of Representatives, and the Committees on Appropriations, Governmental Affairs, and the Judiciary of the Senate.
  • (5) 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.
  • (1) Not later than 6 months after October 4, 2006, the Administrator shall prepare and submit to the appropriate committees of Congress a plan to establish and implement a Surge Capacity Force for deployment of individuals to respond to natural disasters, acts of terrorism, and other man-made disasters, including catastrophic incidents.
  • (b) Not later than 270 days after October 4, 2006, the Administrator shall submit to the appropriate committees of Congress a report describing the implementation of this section, including a description of any actions taken, improvements made, and remaining problems and a description of any additional funding needed to make necessary and appropriate improvements to the information technology systems of the Agency.
  • (b) The Administrator shall ensure that the guidelines are provided promptly to the appropriate committees of Congress and the States.
  • (1) Not later than 12 months after October 4, 2006, and annually thereafter, the Administrator, in coordination with the heads of appropriate Federal agencies, shall submit to the appropriate committees of Congress a report on the Nation’s level of preparedness for all hazards, including natural disasters, acts of terrorism, and other man-made disasters.
  • (1) The Administrator shall develop and submit to the appropriate committees of Congress annually an estimate of the resources of the Agency and other Federal agencies needed for and devoted specifically to developing the capabilities of Federal, State, local, and tribal governments necessary to respond to a catastrophic incident.
  • (1) Not later than 270 days after October 4, 2006, the Administrator shall submit to the appropriate committees of Congress a report describing in detail the National Disaster Recovery Strategy and any additional authorities necessary to implement any portion of the National Disaster Recovery Strategy.
  • (2) The Administrator shall submit to the appropriate committees of Congress a report updating the report submitted under paragraph (1)
    (A) on the same date that any change is made to the National Disaster Recovery Strategy; and
    (B) on a periodic basis after the submission of the report under paragraph (1), but not less than once every 5 years after the date of the submission of the report under paragraph (1).
  • (1) Not later than 270 days after October 4, 2006, the Administrator shall submit to the appropriate committees of Congress a report describing in detail the National Disaster Housing Strategy, including programs directed to meeting the needs of special needs populations.
  • (2) The Administrator shall submit to the appropriate committees of Congress a report updating the report submitted under paragraph (1)
    (A) on the same date that any change is made to the National Disaster Housing Strategy; and
    (B) on a periodic basis after the submission of the report under paragraph (1), but not less than once every 5 years after the date of the submission of the report under paragraph (1).
  • (f) Not later than 270 days after October 4, 2006, the Administrator shall submit to the appropriate committees of Congress a report describing in detail the status of the National Emergency Family Registry and Locator System, including any difficulties or issues in establishing the System, including funding issues.
  • (A) Not later than March 31, 2009, the Administrator shall submit to the appropriate committees of Congress a report regarding the effectiveness of the pilot program.
  • (1) Not later than March 31, 2009, the Administrator shall submit to the appropriate committees of Congress a report regarding the effectiveness of the pilot program under this section.
  • (2) The report under paragraph (1) shall be submitted to the appropriate committees of Congress.
  • (d) At the end of each fiscal quarter, beginning with the first fiscal quarter occurring at least 90 days after October 4, 2006, the Administrator shall submit a report on each disaster assistance contract entered into by the Agency by other than competitive procedures to the appropriate committees of Congress.
  • (e) Not later than 180 days after December 31, 2020, the Administrator shall submit to the appropriate committees of Congress an updated report that contains—
    (1) the information required in the initial report under subparagraphs (A) and (B) of subsection (a)(1); and
    (2) an updated strategy described in subsection (a)(1)(C) that clearly defines—
    (A) the objectives of advance contracts;
    (B) how advance contracts contribute to disaster response operations of the Agency;
    (C) how to maximize the award of advance contracts to small business concerns, as defined in section 632 of title 15; and
    (D) whether and how advance contracts should be prioritized in relation to new post-disaster contract awards.
  • (f) A Federal agency receiving oversight funds under this section shall submit annually to the Administrator and the appropriate committees of Congress a consolidated report regarding the use of such funds, including information summarizing oversight activities and the results achieved.
  • (c) Not later than 270 days after October 5, 2018, the Secretary shall submit to the appropriate committees of Congress, and to any Member of Congress upon the request of that Member, a report that includes specific assessments from the Administrator and the Commissioner of U.S. Customs and Border Protection with respect to the following:
    (1) The operational and security impact of using biometric technology to identify travelers.
    (2) The potential effects on privacy of the expansion of the use of biometric technology under paragraph (1), including methods proposed or implemented to mitigate any risks to privacy identified by the Administrator or the Commissioner related to the active or passive collection of biometric data.
    (3) Methods to analyze and address any matching performance errors related to race, gender, or age identified by the Administrator with respect to the use of biometric technology, including the deployment of facial recognition technology;1
    (4) With respect to the biometric entry-exit program, the following:
    (A) Assessments of—
    (i) the error rates, including the rates of false positives and false negatives, and accuracy of biometric technologies;
    (ii) the effects of biometric technologies, to ensure that such technologies do not unduly burden categories of travelers, such as a certain race, gender, or nationality;
    (iii) the extent to which and how biometric technologies could address instances of travelers to the United States overstaying their visas, including—
    (I) an estimate of how often biometric matches are contained in an existing database;
    (II) an estimate of the rate at which travelers using fraudulent credentials identifications are accurately rejected; and
    (III) an assessment of what percentage of the detection of fraudulent identifications could have been accomplished using conventional methods;
    (iv) the effects on privacy of the use of biometric technologies, including methods to mitigate any risks to privacy identified by the Administrator or the Commissioner of U.S. Customs and Border Protection related to the active or passive collection of biometric data; and
    (v) the number of individuals who stay in the United States after the expiration of their visas each year.
    (B) A description of—
    (i) all audits performed to assess—
    (I) error rates in the use of biometric technologies; or
    (II) whether the use of biometric technologies and error rates in the use of such technologies disproportionately affect a certain race, gender, or nationality; and
    (ii) the results of the audits described in clause (i).
    (C) A description of the process by which domestic travelers are able to opt-out of scanning using biometric technologies.
    (D) A description of—
    (i) what traveler data is collected through scanning using biometric technologies, what agencies have access to such data, and how long the agencies possess such data;
    (ii) specific actions that the Department and other relevant Federal departments and agencies take to safeguard such data; and
    (iii) a short-term goal for the prompt deletion of the data of individual United States citizens after such data is used to verify traveler identities.

Citations to §701(6)

Citations to §701(7)

Citations to §701(8)

Citations to §701(12)

Citations to §701(13)

Citations to §701(15)

Citations to §701(16)