S.Amdt. 4430

SA 4430. Mr. CARPER submitted an amendment intended to be proposed by
him to the bill S. 2943, to authorize appropriations for fiscal year
2017 for military activities of the Department of Defense, for military
construction, and for defense activities of the Department of Energy,
to prescribe military personnel strengths for such fiscal year, and for
other purposes; which was ordered to lie on the table; as follows:

At the end of subtitle I of title X, add the following:

SEC. 1097. RENAMING THE NATIONAL PROTECTION AND PROGRAMS
DIRECTORATE.

(a) Definitions.--In this section:
(1) Department.--The term ``Department'' means the
Department of Homeland Security.
(2) Secretary.--The term ``Secretary'' means the Secretary
of Homeland Security.
(b) United States Agency for Cyber and Infrastructure
Security.--The National Protection and Programs Directorate
of the Department shall be known and designated as the
``United States Agency for Cyber and Infrastructure
Security''. Any reference to the National Protection and
Programs Directorate of the Department in any law,
regulation, map, document, record, or other paper of the
United States shall be deemed to be a reference to the United
States Agency for Cyber and Infrastructure Security of the
Department.
(c) Streamlining.--
(1) Allocation of functions.--To support the United States
Agency for Cyber and Infrastructure Security and increase
efficiency and effectiveness, the Secretary may allocate and
reallocate the mission support, Stakeholder Engagement and
Cyber Infrastructure Resilience, and sector-specific agency
functions, personnel, and assets that

[[Page S3459]]

are supporting National Protection and Programs Directorate
of the Department on the day before the date of enactment of
this Act.
(2) Funding.--Notwithstanding section 520 of division F of
the Consolidated Appropriations Act, 2016 (Public Law 114-
113; 129 Stat. 2515), funds available to the United States
Agency for Cybersecurity and Infrastructure Protection are
authorized as necessary to streamline in accordance with this
Act.
(3) Notification.--Not later than 90 days after the date of
enactment of this Act, the Secretary shall submit to the
appropriate congressional committees a plan for allocating
the functions of the United States Agency for Cyber and
Infrastructure Security.
(d) Technical and Conforming Amendments.--
(1) In general.--The Homeland Security Act of 2002 (6
U.S.C. 101 et seq.) is amended--
(A) in the table of contents in section 1(b), by striking
the item relating to section 201 and inserting the following:

``201. Information and analysis; cyber and infrastructure security.'';
(B) in section 103(a)(1) (6 U.S.C. 113(a)(1)), by striking
subparagraph (H) and inserting the following:
``(H) An Under Secretary for Cyber and Infrastructure
Security.'';
(C) in section 201 (6 U.S.C. 121)--
(i) in the section heading, by striking ``and
infrastructure protection'' and inserting ``; cyber and
infrastructure security'';
(ii) in subsection (a)--

(I) in the subsection heading, by striking ``and
Infrastructure Protection'' and inserting ``; Cyber and
Infrastructure Security''; and
(II) by striking ``an Office of Intelligence and Analysis
and an Office of Infrastructure Protection'' and inserting
``the United States Agency for Cyber and Infrastructure
Security and an Office of Intelligence and Analysis'';

(iii) in subsection (b)--

(I) in the subsection heading, by inserting ``, Under
Secretary for Cyber and Infrastructure Security,'' after
``Analysis'';
(II) by striking paragraph (3); and
(III) by inserting after paragraph (2) the following:

``(3) United states agency for cyber and infrastructure
security.--
``(A) In general.--The United States Agency for Cyber and
Infrastructure Security shall be headed by an Under Secretary
for Cyber and Infrastructure Security.
``(B) Assistant secretaries.--Notwithstanding section
103(a)(1)(I), the Secretary may appoint 2 Assistant
Secretaries to assist in carrying out the duties of the
United States Agency for Cyber and Infrastructure
Security.'';
(iv) in subsection (c)--

(I) by striking ``infrastructure protection'' and inserting
``cyber and infrastructure security''; and
(II) by striking ``Assistant Secretary for Infrastructure
Protection'' and inserting ``Under Secretary for Cyber and
Infrastructure Security'';

(v) in subsection (d)--

(I) in the subsection heading, by striking ``and
Infrastructure Protection'' and inserting ``Cyber and
Infrastructure Security'';
(II) in the matter preceding paragraph (1), by striking
``infrastructure protection'' and inserting ``cyber and
infrastructure security'';
(III) in paragraph (1)--

(aa) in subparagraph (A), by inserting ``, cyber, and
other'' after ``terrorist''; and
(bb) in subparagraph (B), by inserting ``and cyber
attacks'' after ``terrorism'';

(IV) in paragraph (2), by inserting ``and cyber'' after
``terrorist'';
(V) in paragraph (3)(A), by inserting ``, cyber,'' after
``terrorist'';
(VI) in paragraph (8), by inserting ``, cyber, and other''
after ``terrorist'';
(VII) in paragraph (9), by striking ``of terrorism'';
(VIII) in paragraph (10), by striking ``of terrorism''; and
(IX) in paragraph (12), by striking ``of terrorism in'' and
inserting ``against'';

(vi) in subsection (e)(1), by striking ``the Office of
Intelligence and Analysis and the Office of Infrastructure
Protection'' and inserting ``the United States Agency for
Cyber and Infrastructure Security and the Office of
Intelligence and Analysis'';
(vii) in subsection (f)(1), by striking ``the Office of
Intelligence and Analysis and the Office of Infrastructure
Protection'' and inserting ``the United States Agency for
Cyber and Infrastructure Security and the Office of
Intelligence and Analysis''; and
(viii) in subsection (g), in the matter preceding paragraph
(1), by striking ``the Office of Intelligence and Analysis
and the Office of Infrastructure Protection'' and inserting
``the United States Agency for Cyber and Infrastructure
Security and the Office of Intelligence and Analysis'';
(D) in section 204 (6 U.S.C. 124a)--
(i) in subsection (c)(1), in the matter preceding
subparagraph (A), by striking ``Assistant Secretary for
Infrastructure Protection'' and inserting ``Under Secretary
for Cyber and Infrastructure Security''; and
(ii) in subsection (d)(1), in the matter preceding
subparagraph (A), by striking ``Assistant Secretary for
Infrastructure Protection'' and inserting ``Under Secretary
for Cyber and Infrastructure Security'';
(E) in section 210A(c)(2)(B) (6 U.S.C. 124h(c)(2)(B)), by
striking ``Office of Infrastructure Protection'' and
inserting ``United States Agency for Cyber and Infrastructure
Security'';
(F) in section 223 (6 U.S.C. 143)--
(i) in the matter preceding paragraph (1), by striking
``the Under Secretary appointed under section 103(a)(1)(H)''
and inserting ``the Under Secretary for Cyber and
Infrastructure Security'';
(ii) in paragraph (1)(B)--

(I) by striking ``Under Secretary for Emergency
Preparedness and Response'' and inserting ``Administrator of
the Federal Emergency Management Agency''; and
(II) by striking ``and'' at the end; and

(iii) in paragraph (2), by striking ``Under Secretary for
Emergency Preparedness and Response'' and inserting
``Administrator of the Federal Emergency Management Agency'';
(G) in section 224 (6 U.S.C. 144), by striking ``Assistant
Secretary for Infrastructure Protection'' and inserting
``Under Secretary for Cyber and Infrastructure Security'';
(H) in section 227 (6 U.S.C. 148)--
(i) in subsection (b), by striking ``the Under Secretary
appointed under section 103(a)(1)(H)'' and inserting ``the
Under Secretary for Cyber and Infrastructure Security'';
(ii) in subsection (e)(1)(G), by striking the semicolon at
the end; and
(iii) in subsection (f)(1), by striking ``the Under
Secretary appointed under section 103(a)(1)(H)'' and
inserting ``the Under Secretary for Cyber and Infrastructure
Security'';
(I) in section 228(c) (6 U.S.C. 149(c)), by striking ``The
Under Secretary appointed under section 103(a)(1)(H)'' and
inserting ``The Under Secretary for Cyber and Infrastructure
Security'';
(J) in section 302 (6 U.S.C. 182)--
(i) in paragraph (2), by striking ``biological,,'' and
inserting ``biological''; and
(ii) in paragraph (3), by striking ``Assistant Secretary
for Infrastructure Protection'' and inserting ``Under
Secretary for Cyber and Infrastructure Security'';
(K) in section 514 (6 U.S.C. 321c)--
(i) by striking subsection (b); and
(ii) by redesignating subsection (c) as subsection (b);
(L) in section 523(a) (6 U.S.C. 321l(a)), in the matter
preceding paragraph (1), by striking ``Assistant Secretary
for Infrastructure Protection'' and inserting ``Under
Secretary for Cyber and Infrastructure Security'';
(M) in section 524(a)(2)(B) (6 U.S.C. 321m(a)(2)(B)), by
striking ``Assistant Secretary for Infrastructure Protection,
based on consideration of the expertise of the Assistant
Secretary'' and inserting ``Under Secretary for Cyber and
Infrastructure Security, based on consideration of the
expertise of the Under Secretary''; and
(N) in section 1801(b) (6 U.S.C. 571(b)), by striking
``Assistant Secretary for Cybersecurity and Communications''
and inserting ``Under Secretary for Cyber and Infrastructure
Security''.
(e) Other Matters.--
(1) Rules of construction.--Nothing in this section or any
amendments made by this section may be construed as affecting
in any manner any rule or regulation issued or promulgated
pursuant to any provision of law as in existence on the day
before the date of enactment of this Act, and any such rule
or regulation shall continue to have full force and effect on
and after such date.
(2) Continuation in office.--The individual serving as the
Under Secretary responsible for overseeing critical
infrastructure protection, cybersecurity, and other related
programs of the Department appointed under section
103(a)(1)(H) of the Homeland Security Act of 2002 (6 U.S.C.
113(a)(1)(H)) on the day before the date of enactment of this
Act may serve as the Under Secretary for Cyber and
Infrastructure Security on and after such date of enactment
until an Under Secretary for Cyber and Infrastructure
Security is appointed under such section 103(a)(1)(H).
(3) Reference.--On and after the date of the enactment of
this Act, any reference in law or regulation to the Under
Secretary responsible for overseeing critical infrastructure
protection, cybersecurity, and other related programs of the
Department appointed under section 103(a)(1)(H) of the
Homeland Security Act of 2002 (6 U.S.C. 113(a)(1)(H)) or the
Assistant Secretary for Infrastructure Protection shall be
deemed to be a reference to the Under Secretary for Cyber and
Infrastructure Security.
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