S.Amdt. 2671

SA 2671. Mr. JOHNSON submitted an amendment intended to be proposed
to amendment SA 2282 proposed by Mr. Inhofe (for himself and Mr.
McCain) to the bill H.R. 5515, to authorize appropriations for fiscal
year 2019 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:

=========================== NOTE ===========================

On page S3641, June 11, 2018, in the third column, the following
appears: At the end of the following:

The online Record has been corrected to read: SA 2671. Mr.
JOHNSON submitted an amendment intended to be proposed to
amendment SA 2282 proposed by Mr. Inhofe (for himself and Mr.
McCain) to the bill H.R. 5515, to authorize appropriations for
fiscal year 2019 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 the
following:

========================= END NOTE =========================

At the end, add the following:

DIVISION E--DHS AUTHORIZATION ACT

SEC. 1. SHORT TITLE.

This division may be cited as the ``Department of Homeland
Security Authorization Act'' or the ``DHS Authorization
Act''.

SEC. 2. REFERENCES.

Except as expressly provided otherwise, any reference to
``this Act'' contained in this division shall be treated as
referring only to the provisions of this division.

TITLE I--DEPARTMENT OF HOMELAND SECURITY HEADQUARTERS

Subtitle A--Headquarters Operations

SEC. 1101. FUNCTIONS AND COMPONENTS OF HEADQUARTERS OF
DEPARTMENT OF HOMELAND SECURITY.

(a) In General.--Section 102 of the Homeland Security Act
of 2002 (6 U.S.C. 112) is amended--
(1) in subsection (c), 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''; and
(2) by adding at the end the following:
``(h) Headquarters.--
``(1) In general.--There is in the Department a
Headquarters.
``(2) Components.--The Department Headquarters shall
include each of the following:
``(A) The Office of the Secretary, which shall include--
``(i) the Deputy Secretary;
``(ii) the Chief of Staff; and
``(iii) the Executive Secretary.
``(B) The Management Directorate, including the Office of
the Chief Financial Officer.
``(C) The Science and Technology Directorate.
``(D) The Office of Strategy, Policy, and Plans.
``(E) The Office of the General Counsel.
``(F) The Office of the Chief Privacy and FOIA Officer.
``(G) The Office for Civil Rights and Civil Liberties.
``(H) The Office of Operations Coordination.
``(I) The Office of Intelligence and Analysis.
``(J) The Office of Legislative Affairs.
``(K) The Office of Public Affairs.
``(L) The Office of the Inspector General.
``(M) The Office of the Citizenship and Immigration
Services Ombudsman.
``(N) The Countering Weapons of Mass Destruction Office.
``(O) The Office of Partnership and Engagement.''.
(b) Conforming Amendments Relating to Assistant
Secretaries.--Section 103(a) of the Homeland Security Act of
2002 (6 U.S.C. 113(a)) 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

[[Page S3642]]

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 for Public Affairs.
``(ii) The Assistant Secretary for Legislative Affairs.
``(iii) The Assistant Secretary for the Countering Weapons
of Mass Destruction Office.
``(iv) The Chief Medical Officer.
``(B) Secretarial appointments.--The Department shall have
the following Assistant Secretaries appointed by the
Secretary:
``(i) The Assistant Secretary for International Affairs.
``(ii) The Assistant Secretary for Threat Prevention and
Security Policy.
``(iii) The Assistant Secretary for Border, Immigration,
and Trade Policy.
``(iv) The Assistant Secretary for Cybersecurity,
Infrastructure, and Resilience Policy.
``(v) The Assistant Secretary for Strategy, Planning,
Analysis, and Risk.
``(vi) The Assistant Secretary for State and Local Law
Enforcement.
``(vii) The Assistant Secretary for Partnership and
Engagement.
``(viii) The Assistant Secretary for Private Sector.''; and
(4) by adding at the end the following:
``(3) 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 DHS Authorization Act.''.

SEC. 1102. RESPONSIBILITIES AND FUNCTIONS OF CHIEF PRIVACY
AND FOIA OFFICER.

Section 222(a) of the Homeland Security Act of 2002 (6
U.S.C. 142(a)) is amended--
(1) in the matter preceding paragraph (1)--
(A) by inserting ``to be the Chief Privacy and FOIA Officer
of the Department,'' after ``in the Department,''; and
(B) by striking ``to the Secretary, to assume'' and
inserting ``to the Secretary. Such official shall have'';
(2) in paragraph (5)(B), by striking ``and'' at the end;
(3) by striking paragraph (6); and
(4) by inserting after paragraph (5) the following:
``(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 and statutory and
Department privacy requirements, mandates, directives, and
policies, including requirements under section 552 of title
5, United States Code (commonly known as the `Freedom of
Information Act');
``(8) working with components and offices of the Department
to ensure that information sharing and policy development
activities incorporate privacy protections;
``(9) serving as the Chief FOIA Officer of the Department
for purposes of section 552(j) of title 5, United States Code
(commonly known as the `Freedom of Information Act');
``(10) preparing an annual report to Congress that includes
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 (commonly known
as the `Privacy Act of 1974'), internal controls, and other
matters; and
``(11) carrying out such other responsibilities as the
Secretary determines are appropriate, consistent with this
section.''.

SEC. 1103. RESPONSIBILITIES OF CHIEF FINANCIAL OFFICER.

(a) In General.--Section 702 of the Homeland Security Act
of 2002 (6 U.S.C. 342) is amended--
(1) by redesignating subsections (b) and (c) as subsections
(c) and (d), respectively; and
(2) by inserting after subsection (a) the following:
``(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--
``(1) oversee Department budget formulation and execution;
``(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;
``(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) lead 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;
``(10) participate in the selection, performance planning,
and review of cost estimating positions with the Department;
``(11) 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 for
which the total expenditures of the Department exceed
$100,000, 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; 128 Stat. 2389); and
``(ii) documentation of such expenditures; and
``(12) track 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 are more than $20,000 and less
than $100,000, not later than 30 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; 128 Stat. 2389); 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. 1104. CHIEF INFORMATION OFFICER.

(a) In General.--Section 703 of the Homeland Security Act
of 2002 (6 U.S.C. 343) is amended--
(1) in subsection (a)--
(A) by striking ``, or to another official of the
Department, as the Secretary may direct''; and
(B) by adding at the end the following: ``In addition to
the functions under section 3506(a)(2) of title 44, United
States Code, and section 11319 of title 40, United States
Code, the Chief Information Officer shall--
``(1) serve as the lead technical authority for information
technology programs of the Department and components of the
Department; and
``(2) 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 of the
Department.'';
(2) by redesignating subsection (b) as subsection (c); and
(3) by inserting after subsection (a) the following:
``(b) Strategic Plans.--
``(1) In general.--The Chief Information Officer shall, in
coordination with the Chief Financial Officer, develop an
information technology strategic plan every 5 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--
``(A) the budget of the Department aligns with priorities
specified in the information technology strategic plan;
``(B) the information technology strategic plan informs the
budget process of the Department;
``(C) the Department has identified and addressed skills
gaps needed to implement the information technology strategic
plan;
``(D) unnecessary duplicative information technology within
and across the components of the Department has been
eliminated;
``(E) outcome-oriented goals, quantifiable performance
measures, and strategies for achieving those goals and
measures have succeeded; and
``(F) internal control weaknesses and how the Department
will address those weaknesses.
``(2) Initial plan.--Not later than 1 year after the date
of enactment of this subsection, the Chief Information
Officer shall complete the first information technology
strategic plan required under paragraph (1).''.
(b) Software Licensing.--
(1) In general.--Not later than 1 year after the date of
enactment of this Act and each year thereafter through fiscal
year 2021, the Chief Information Officer of the Department

[[Page S3643]]

of Homeland Security shall submit the comprehensive software
license policy developed to meet the requirements of section
2 of the MEGABYTE Act of 2016 (40 U.S.C. 11302 note),
including any updates provided to the Director of the Office
of Management and Budget, to--
(A) the Committee on Homeland Security and the Committee of
Oversight and Government Reform of the House of
Representatives; and
(B) the Committee on Homeland Security and Governmental
Affairs of the Senate.
(2) Department inventory.--Beginning in fiscal year 2022,
and once every 2 fiscal years thereafter, the Chief
Information Officer of the Department of Homeland Security,
in consultation with the component chief information
officers, shall submit to the Committee on Homeland Security
and the Committee on Oversight and Government Reform of the
House of Representatives and the Committee on Homeland
Security and Governmental Affairs of the Senate a report
containing--
(A) a department-wide inventory of all software licenses
held by the Department of Homeland Security on unclassified
and classified systems, including utilized and unutilized
licenses;
(B) an assessment of the needs of the Department of
Homeland Security and the components of the Department of
Homeland Security for software licenses for the subsequent 2
fiscal years;
(C) an explanation as to how the use of shared cloud-
computing services or other new technologies will impact the
needs for software licenses for the subsequent 2 fiscal
years; and
(D) plans and estimated costs for eliminating unutilized
software licenses for the subsequent 2 fiscal years; and
(E) a plan to expedite licensing of software developed for
the Department of Homeland Security to the private sector.
(3) Plan to reduce software licenses.--If the Chief
Information Officer of the Department of Homeland Security
determines through the inventory conducted under paragraph
(2) that the number of software licenses held by the
Department of Homeland Security and the components of the
Department of Homeland Security exceeds the needs of the
Department of Homeland Security, 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 of Homeland Security.
(c) Comptroller General Review.--Not later than the end of
fiscal year 2019, the Comptroller General of the United
States shall review the extent to which the Chief Information
Officer of the Department of Homeland Security fulfilled all
requirements established in this section and the amendments
made by this section.

SEC. 1105. QUADRENNIAL HOMELAND SECURITY REVIEW.

(a) In General.--Section 706 of the Homeland Security Act
of 2002, as so redesignated by section 1142 of this Act, is
amended--
(1) in subsection (a)(3)--
(A) in subparagraph (B), by striking ``and'' at the end;
(B) by redesignating subparagraph (C) as subparagraph (D);
and
(C) by inserting after subparagraph (B) the following:
``(C) representatives from appropriate advisory committees
established pursuant to section 871, 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, United
States Code; and'';
(2) in subsection (b)--
(A) in paragraph (2), by inserting 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 ``; and'' and inserting a
period; and
(E) by striking paragraph (6);
(3) in subsection (c)--
(A) in paragraph (1), by striking ``December 31'' and
inserting ``September 30'';
(B) in paragraph (2)--
(i) in subparagraph (B), by striking ``description of the
threats to'' and inserting ``risk assessment of'';
(ii) in subparagraph (C), by inserting ``, as required
under subsection (b)(2)'' before the semicolon at the end;
(iii) in subparagraph (D)--

(I) by inserting ``to the extent practicable,'' before ``a
description''; and
(II) by striking ``budget plan'' and inserting ``resources
required'';

(iv) in subparagraph (F)--

(I) by inserting ``to the extent practicable,'' before ``a
discussion''; and
(II) by striking ``the status of'';

(v) in subparagraph (G)--

(I) by inserting ``to the extent practicable,'' before ``a
discussion'';
(II) by striking ``the status of'';
(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:
``(3) Documentation.--The Secretary shall retain, from each
quadrennial homeland security review, all information
regarding the risk assessment, as required under subsection
(c)(2)(B), including--
``(A) the risk model utilized to generate the risk
assessment;
``(B) information, including data used in the risk model,
utilized to generate the risk assessment; and
``(C) sources of information, including other risk
assessments, utilized to generate the risk assessment.'';
(4) by redesignating subsection (d) as subsection (e); and
(5) by inserting after subsection (c) the following:
``(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 under section 706 of the Homeland Security
Act of 2002, as so redesignated, after December 31, 2017.

SEC. 1106. OFFICE OF STRATEGY, POLICY, AND PLANS.

(a) 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 the office described in
paragraph (1) as of the day before the date of enactment of
this Act, and the assets and personnel associated with such
functions, are transferred to the Under Secretary for
Strategy, Policy, and Plans of the Department of Homeland
Security under section 708 of the Homeland Security Act of
2002, as so redesignated by section 1142 of this Act.
(3) Conforming amendments.--The Homeland Security Act of
2002 (6 U.S.C. 101 et seq.) is amended--
(A) in section 317(b) (6 U.S.C. 195c(b))--
(i) in paragraph (2)(A), by striking ``, in consultation
with the Assistant Secretary for International Affairs,'';
and
(ii) in paragraph (4), by striking ``the Office of
International Affairs and''; and
(B) by striking section 879 (6 U.S.C. 459).
(4) Clerical amendment.--The table of contents in section
1(b) of the Homeland Security Act of 2002 (Public Law 107-
296; 116 Stat. 2135) is amended by striking the item relating
to section 879.
(b) Homeland Security Advisory Council.--Section 102(b) of
the Homeland Security Act of 2002 (6 U.S.C. 112(b)) 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 ``; and''; and
(3) by adding at the end the following:
``(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 under
section 706.''.
(c) Office of Legislative Affairs.--Section 103 of the
Homeland Security Act of 2002 (6 U.S.C. 113) is amended by
adding at the end the following:
``(h) Office of Legislative Affairs.--
``(1) In general.--Notwithstanding any other provision of
law, any report that the Department or a component of the
Department is required to submit to the Committee on
Appropriations of the Senate or the Committee on
Appropriations of the House of Representatives under any
provision of law shall be submitted concurrently to the
Committee on Homeland Security and Governmental Affairs of
the Senate and the Committee on Homeland Security of the
House of Representatives.
``(2) Applicability.--Paragraph (1) shall apply with
respect to any report described in paragraph (1) that is
submitted on or after the date of enactment of the DHS
Authorization Act.
``(3) Notice.--The Secretary shall notify, in writing, the
chairmen and ranking members of the authorizing and
appropriating committees of jurisdiction regarding policy
memoranda, management directives, and reprogramming
notifications issued by the Department.''.
(d) Office of Private Sector.--
(1) In general.--Section 103 of the Homeland Security Act
of 2002 (6 U.S.C. 113), as

[[Page S3644]]

amended, is amended by adding at the end the following:
``(i) Office of Private Sector.--The Assistant Secretary
for Private Sector 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; and
``(B) advise the Secretary on homeland security policies,
regulations, processes, and actions that affect the
participating industries and associations;
``(5) working with Federal laboratories, federally funded
research and development centers, other federally funded
organizations, academia, and the private sector to develop
innovative approaches to address homeland security challenges
to produce and deploy the best available technologies for
homeland security missions;
``(6) promoting existing public-private partnerships and
developing new public-private partnerships to provide for
collaboration and mutual support to address homeland security
challenges; and
``(7) assisting in the development and promotion of private
sector best practices to secure critical infrastructure.''.
(2) Conforming amendment.--Section 102(f) of the Homeland
Security Act of 2002 (6 U.S.C. 112(f)) is amended--
(A) by striking paragraphs (1) through (7); and
(B) by redesignating paragraphs (8), (9), (10), and (11) as
paragraphs (1), (2), (3), and (4), respectively.
(e) Definitions.--In this section each of the terms
``assets'', ``functions'', and ``personnel'' have the
meanings given those terms under section 2 of the Homeland
Security Act of 2002 (6 U.S.C. 101).
(f) Duplication Review.--
(1) Review required.--Not later than 1 year after the date
of enactment of this Act, the Secretary of Homeland Security
shall complete a review of the functions and responsibilities
of each Department of Homeland Security component responsible
for international affairs to identify and eliminate areas of
unnecessary duplication.
(2) Submission to congress.--Not later than 30 days after
the completion of the review required under paragraph (1),
the Secretary of Homeland Security shall provide the results
of the review to the Committee on Homeland Security of the
House of Representatives and the Committee on Homeland
Security and Governmental Affairs of the Senate.
(3) Action plan.--Not later than 1 year after the date of
enactment of this Act, the Secretary of Homeland Security
shall submit to the congressional homeland security
committees, as defined in section 2 of the Homeland Security
Act of 2002 (6 U.S.C. 101, as amended by this Act, an action
plan, including corrective steps and 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 Government Accountability
Office based on the annual report of the Government
Accountability Office entitled ``Additional Opportunities to
Reduce Fragmentation, Overlap, and Duplication and Achieve
Other Financial Benefits''.

SEC. 1107. CHIEF PROCUREMENT OFFICER.

(a) In General.--Title VII of the Homeland Security Act of
2002 (6 U.S.C. 341 et seq.), as amended by section 1142, is
amended by adding at the end the following:

``SEC. 709. CHIEF PROCUREMENT OFFICER.

``(a) In General.--There is in the Department a Chief
Procurement Officer, who shall serve as a senior business
advisor to agency officials on procurement-related matters
and report directly to the Under Secretary for Management.
The Chief Procurement Officer is the senior procurement
executive for purposes of subsection (c) of section 1702 of
title 41, United States Code, and shall perform procurement
functions as specified in such subsection.
``(b) Responsibilities.--The Chief Procurement Officer
shall--
``(1) delegate or retain contracting authority, as
appropriate;
``(2) issue procurement policies and oversee the heads of
contracting activity of the Department to ensure compliance
with those policies;
``(3) serve as the main liaison of the Department to
industry on procurement-related issues;
``(4) account for the integrity, performance, and oversight
of Department procurement and contracting functions;
``(5) ensure that procurement contracting strategies and
plans are consistent with the intent and direction of the
Acquisition Review Board;
``(6) oversee a centralized acquisition workforce
certification and training program using, as appropriate,
existing best practices and acquisition training
opportunities from the Federal Government, private sector, or
universities and colleges to include training on how best to
identify actions that warrant referrals for suspension or
debarment;
``(7) approve the selection and organizational placement of
each head of contracting activity within the Department and
participate in the periodic performance reviews of each head
of contracting activity of the Department;
``(8) ensure that a fair proportion of the value of Federal
contracts and subcontracts are awarded to small business
concerns, as defined under section 3 of the Small Business
Act (15 U.S.C. 632), (in accordance with the procurement
contract goals under section 15(g) of the Small Business Act
(15 U.S.C. 644(g)), maximize opportunities for small business
participation in such contracts, and ensure, to the extent
practicable, small business concerns that achieve qualified
vendor status for security-related technologies are provided
an opportunity to compete for contracts for such technology;
and
``(9) carry out any other procurement duties that the Under
Secretary for Management may designate.
``(c) Head of Contracting Activity Defined.--In this
section the term `head of contracting activity' means an
official who is delegated, by the Chief Procurement Officer
and Senior Procurement Executive, the responsibility for the
creation, management, and oversight of a team of procurement
professionals properly trained, certified, and warranted to
accomplish the acquisition of products and services on behalf
of the designated components, offices, and organizations of
the Department, and as authorized, other government
entities.''.
(b) Clerical Amendment.--The table of contents in section
1(b) of the Homeland Security Act of 2002 (Public Law 107-
296; 116 Stat. 2135), as amended by section 1142, is amended
by inserting after the item relating to section 708 the
following:

``Sec. 709. Chief Procurement Officer.''.

SEC. 1108. CHIEF SECURITY OFFICER.

(a) In General.--Title VII of the Homeland Security Act of
2002 (6 U.S.C. 341 et seq.), as amended by section 1107, is
amended by adding at the end the following:

``SEC. 710. CHIEF SECURITY OFFICER.

``(a) In General.--There is in the Department a Chief
Security Officer, who shall report directly to the Under
Secretary for Management.
``(b) Responsibilities.--The Chief Security Officer shall--
``(1) develop, implement, and oversee compliance with the
security policies, programs, and standards of the Department;
``(2) participate in--
``(A) the selection and organizational placement of each
senior security official of a component, and the deputy for
each such official, and any other senior executives
responsible for security-related matters; and
``(B) the periodic performance planning and reviews;
``(3) identify training requirements, standards, and
oversight of education to Department personnel on security-
related matters;
``(4) develop security programmatic guidelines;
``(5) review contracts and interagency agreements
associated with major security investments within the
Department; and
``(6) provide support to Department components on security-
related matters.''.
(b) Clerical Amendment.--The table of contents in section
1(b) of the Homeland Security Act of 2002 (Public Law 107-
296; 116 Stat. 2135) is amended, as amended by section 1107,
by inserting after the item relating to section 709 the
following:

``Sec. 710. Chief Security Officer.''.

SEC. 1109. OFFICE OF INSPECTOR GENERAL.

(a) Notification.--The heads of offices and components of
the Department of Homeland Security shall promptly advise the
Inspector General of the Department of all allegations of
misconduct with respect to which the Inspector General has
investigative authority under the Inspector General Act of
1978 (5 U.S.C. App.).
(b) Waiver.--The Inspector General may waive the
notification requirement under this section with respect to
any category or subset of allegations of misconduct.
(c) Rule of Construction.--Nothing in this section may be
construed as affecting the authority of the Secretary of
Homeland Security under the Inspector General Act of 1978 (5
U.S.C. App.).

SEC. 1110. OFFICE FOR CIVIL RIGHTS AND CIVIL LIBERTIES.

(a) In General.--Section 705 of the Homeland Security Act
of 2002 (6 U.S.C. 345) is amended--
(1) in the section heading, by striking ``establishment of
officer for'';
(2) in subsection (a)--
(A) in the matter preceding paragraph (1), by striking
``Officer for Civil Rights and Civil Liberties'' and
inserting ``Chief Civil Rights and Civil Liberties Officer'';
and
(B) in paragraph (2), by inserting ``Chief'' before
``Officer'';
(3) by redesignating subsection (b) as subsection (d); and
(4) by inserting after subsection (a) the following:
``(b) Office for Civil Rights and Civil Liberties.--There
is in the Department an Office for Civil Rights and Civil
Liberties. Under the direction of the Chief Civil Rights and
Civil Liberties Officer, the Office shall support the Chief
Civil Rights and Civil Liberties Officer in the following:

[[Page S3645]]

``(1) Integrating civil rights and civil liberties into
activities of the Department by conducting programs and
providing policy advice and other technical assistance.
``(2) Investigating 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.
``(3) Directing the Department's equal employment
opportunity and diversity policies and programs, including
complaint management and adjudication.
``(4) Communicating with individuals and communities whose
civil rights and civil liberties may be affected by
Department activities.
``(5) Any other activities as assigned by the Chief Civil
Rights and Civil Liberties Officer.
``(c) Component Civil Rights and Civil Liberties
Officers.--
``(1) In general.--In consultation with the Chief Civil
Rights and Civil Liberties Officer, the head of each
component of the Department shall appoint a senior-level
Federal employee with experience and background in civil
rights and civil liberties as the Civil Rights and Civil
Liberties Officer for the component.
``(2) Responsibilities.--Each Civil Rights and Civil
Liberties Officer appointed under paragraph (1) shall--
``(A) serve as the main point of contact for the Chief
Civil Rights and Civil Liberties Officer; and
``(B) coordinate with the Chief Civil Rights and Civil
Liberties Officer to oversee the integration of civil rights
and civil liberties into the activities of the component.''.
(b) Technical and Conforming Amendment.--The table of
contents in section 1(b) of the Homeland Security Act of 2002
(Public Law 107-296; 116 Stat. 2135) is amended by striking
the item relating to section 705 and inserting the following:

``Sec. 705. Civil Rights and Civil Liberties.''.

SEC. 1111. SCIENCE AND TECHNOLOGY.

(a) Responsibilities of the Under Secretary for Science and
Technology.--
(1) Directorate for science and technology.--Section 302 of
the Homeland Security Act of 2002 (6 U.S.C. 182) is amended--
(A) in the matter preceding paragraph (1), by striking
``The Secretary, acting through the Under'' and inserting
``The Under''; and
(B) in paragraph (4), by striking ``and evaluation'' and
inserting ``evaluation, and standards coordination and
development''.
(2) Technical and conforming amendment.--Section
315(a)(2)(A) of the Homeland Security Act of 2002 (Public Law
107-296; 116 Stat. 2135) is amended by striking ``Directorate
of Science and Technology and Homeland Security Advanced
Research Projects Agency'' and inserting ``Directorate of
Science and Technology and the Chief Scientist''.
(b) Office of the Chief Scientist.--
(1) In general.--Section 307 of the Homeland Security Act
of 2002 (6 U.S.C. 187) is amended--
(A) in the section heading, by striking ``homeland security
advanced research projects agency'' and inserting ``office of
the chief scientist'';
(B) in subsection (a)--
(i) by striking paragraphs (1) and (3); and
(ii) by redesignating paragraphs (2) and (4) as paragraphs
(1) and (2), respectively; and
(C) by striking subsections (b) and (c) and inserting the
following:
``(b) Office of the Chief Scientist.--
``(1) Establishment.--There is established the Office of
the Chief Scientist.
``(2) Chief scientist.--The Office of the Chief Scientist
shall be headed by a Chief Scientist, who shall be appointed
by the Secretary.
``(3) Qualifications.--The Chief Scientist shall--
``(A) be appointed from among distinguished scientists with
specialized training or significant experience in a field
related to counterterrorism, traditional homeland security
missions, or national defense; and
``(B) have earned an advanced degree at an institution of
higher education (as defined in section 101 of the Higher
Education Act of 1965 (20 U.S.C. 1001)).
``(4) Responsibilities.--The Chief Scientist shall oversee
all research and development 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,
standards coordination and development, and deployment of
critical homeland security technologies;
``(C) accelerate the prototyping and deployment of
technologies that would address homeland security
vulnerabilities;
``(D) promote the award of competitive, merit-reviewed
grants, cooperative agreements or contracts to public or
private entities, including business, federally funded
research and development centers, and universities; and
``(E) oversee 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.
``(5) Coordination.--The Chief Scientist shall ensure that
the activities of the Directorate for Testing and Evaluation
of Science and Technology are coordinated with those of other
relevant research agencies, and may oversee projects jointly
with other agencies.
``(6) Personnel.--In hiring personnel for the Science and
Technology Directorate, the Secretary shall have the hiring
and management authorities described in section 1599h of
title 10, United States Code. 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 Chief Scientist, periodically,
shall hold homeland security technology demonstrations,
pilots, field assessments, and workshops to improve contact
among technology developers, vendors, component personnel,
State, local, and tribal first responders, and acquisition
personnel.''.
(2) Clerical amendment.--The table of contents in section
1(b) of the Homeland Security Act of 2002 (Public Law 107-
296; 116 Stat. 2135) is amended by striking the item relating
to section 307 and inserting the following:

``Sec. 307. Office of the Chief Scientist.''.

SEC. 1112. DEPARTMENT OF HOMELAND SECURITY ROTATION PROGRAM.

(a) Enhancements to the Rotation Program.--Section 844 of
the Homeland Security Act of 2002 (6 U.S.C. 414) is amended--
(1) by striking ``(a) Establishment.--'';
(2) by redesignating paragraphs (1) through (5) as
subsections (a) through (e), respectively, and adjusting the
margins and the heading typeface accordingly;
(3) in subsection (a), as so redesignated--
(A) by striking ``Not later than 180 days after the date of
enactment of this section, the'' and inserting ``The''; and
(B) by striking ``for employees of the Department'' and
inserting ``for certain personnel within the Department'';
(4) in subsection (b), as so redesignated--
(A) by redesignating subparagraphs (A) through (G) as
paragraphs (3) through (9), respectively, and adjusting the
margins accordingly;
(B) by inserting before paragraph (3), as so redesignated,
the following:
``(1) seek to foster greater departmental integration and
unity of effort;
``(2) seek to help enhance the knowledge, skills, and
abilities of participating personnel with respect to the
programs, policies, and activities of the Department;'';
(C) in paragraph (4), as so redesignated, by striking
``middle and senior level''; and
(D) in paragraph (7), as so redesignated, by inserting
before ``invigorate'' the following: ``seek to improve morale
and retention throughout the Department and'';
(5) in subsection (c), as redesignated by paragraph (2)--
(A) by redesignating subparagraphs (A) and (B) as
paragraphs (1) and (2), respectively, and adjusting the
margins accordingly; and
(B) in paragraph (2), as so redesignated--
(i) by striking clause (iii); and
(ii) by redesignating clauses (i), (ii), and (iv) through
(viii) as subparagraphs (A) through (G), respectively, and
adjusting the margins accordingly;
(6) by redesignating subsections (d) and (e), as
redesignated by paragraph (2), as subsections (e) and (f),
respectively;
(7) by inserting after subsection (c) the following new
subsection:
``(d) Administrative Matters.--In carrying out the Rotation
Program the Secretary shall--
``(1) before selecting employees for participation in the
Rotation Program, disseminate information broadly within the
Department about the availability of the Rotation Program,
qualifications for participation in the Rotation Program,
including full-time employment within the employing component
or office not less than 1 year, and the general provisions of
the Rotation Program;
``(2) require as a condition of participation in the
Rotation Program that an employee--
``(A) is nominated by the head of the component or office
employing the employee; and
``(B) is selected by the Secretary, or the Secretary's
designee, solely on the basis of relative ability, knowledge,
and skills, after fair and open competition that assures that
all candidates receive equal opportunity;
``(3) ensure that each employee participating in the
Rotation Program shall be entitled to return, within a
reasonable period of time after the end of the period of
participation, to the position held by the employee, or a
corresponding or higher position, in the component or office
that employed the employee prior to the participation of the
employee in the Rotation Program;
``(4) require that the rights that would be available to
the employee if the employee were detailed from the employing
component or office to another Federal agency or office
remain available to the employee during the employee
participation in the Rotation Program; and
``(5) require that, during the period of participation by
an employee in the Rotation Program, performance evaluations
for the employee--
``(A) shall be conducted by officials in the office or
component employing the employee with input from the
supervisors of the employee at the component or office in
which the employee is placed during that period; and
``(B) shall be provided the same weight with respect to
promotions and other rewards as performance evaluations for
service in the office or component employing the employee.'';
and
(8) by adding at the end the following:

[[Page S3646]]

``(g) Intelligence Rotational Assignment Program.--
``(1) Establishment.--The Secretary shall establish an
Intelligence Rotational Assignment Program as part of the
Rotation Program under subsection (a).
``(2) Administration.--The Chief Human Capital Officer, in
conjunction with the Chief Intelligence Officer, shall
administer the Intelligence Rotational Assignment Program
established pursuant to paragraph (1).
``(3) Eligibility.--The Intelligence Rotational Assignment
Program established pursuant to paragraph (1) shall be open
to employees serving in existing analyst positions within the
Department's intelligence enterprise and other Department
employees as determined appropriate by the Chief Human
Capital Officer and the Chief Intelligence Officer.
``(4) Coordination.--The responsibilities specified in
subsection (c)(2) that apply to the Rotation Program under
such subsection shall, as applicable, also apply to the
Intelligence Rotational Assignment Program under this
subsection.
``(h) Evaluation.--The Chief Human Capital Officer, acting
through the Under Secretary for Management, shall--
``(1) perform regular evaluations of the Homeland Security
Rotation Program; and
``(2) not later than 90 days after the end of each fiscal
year, submit to the Secretary a report detailing the findings
of the evaluations under paragraph (1) during that fiscal
year, which shall include--
``(A) an analysis of the extent to which the program meets
the goals under subsection (b);
``(B) feedback from participants in the program, including
the extent to which rotations have enhanced their performance
in their current role and opportunities to improve the
program;
``(C) aggregated information about program participants;
and
``(D) a discussion of how rotations can be aligned with the
needs of the Department with respect to employee training and
mission needs.''.
(b) Congressional Notification and Oversight.--Not later
than 120 days after the date of the enactment of this Act,
the Secretary of Homeland Security shall provide to the
Committee on Homeland Security and the Permanent Select
Committee on Intelligence of the House of Representatives and
the Committee on Homeland Security and Governmental Affairs
and the Select Committee on Intelligence of the Senate
information about the status of the Homeland Security
Rotation Program authorized by section 844 of the Homeland
Security Act of 2002, as amended by subsection (a) of this
section.

SEC. 1113. FUTURE YEARS HOMELAND SECURITY PROGRAM.

(a) In General.--Section 874 of the Homeland Security Act
of 2002 (6 U.S.C. 454) is amended--
(1) in the section heading, by striking ``year'' and
inserting ``years'';
(2) by striking subsection (a) and inserting the following:
``(a) In General.--Not later than 60 days after the date on
which the budget of the President is submitted to Congress
under section 1105(a) of title 31, United States Code, the
Secretary shall submit to the Committee on Homeland Security
and Governmental Affairs of the Senate and the Committee on
Homeland Security of the House of Representatives (referred
to in this section as the `appropriate committees') a Future
Years Homeland Security Program that covers the fiscal year
for which the budget is submitted and the 4 succeeding fiscal
years.''; and
(3) by striking subsection (c) and inserting the following
new subsections:
``(c) Projection of Acquisition Estimates.--On and after
February 1, 2019, each Future Years Homeland Security Program
shall project--
``(1) acquisition estimates for the fiscal year for which
the budget is submitted and the 4 succeeding fiscal years,
with specified estimates for each fiscal year, for all major
acquisitions by the Department and each component of the
Department; and
``(2) estimated annual deployment schedules for all
physical asset major acquisitions over the 5-fiscal-year
period described in paragraph (1), estimated costs and number
of service contracts, and the full operating capability for
all information technology major acquisitions.
``(d) Sensitive and Classified Information.--The Secretary
may include with each Future Years Homeland Security Program
a classified or other appropriately controlled document
containing information required to be submitted under this
section that is restricted from public disclosure in
accordance with Federal law or Executive order.
``(e) Availability of Information to the Public.--The
Secretary shall make available to the public in electronic
form the information required to be submitted to the
appropriate committees under this section, other than
information described in subsection (d).''.
(b) Clerical Amendment.--The table of contents in section
1(b) of the Homeland Security Act of 2002 (Public Law 107-
296; 116 Stat. 2135) is amended by striking the item relating
to section 874 and inserting the following:

``Sec. 874. Future Years Homeland Security Program.''.

SEC. 1114. FIELD EFFICIENCIES PLAN.

(a) In General.--Not later than 270 days after the date of
enactment of this Act, the Secretary of Homeland Security
shall submit to the Committee on Homeland Security and the
Committee on Transportation and Infrastructure of the House
of Representatives and Committee on Homeland Security and
Governmental Affairs of the Senate a field efficiencies plan
that--
(1) examines the facilities and administrative and
logistics functions of components of the Department of
Homeland Security 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 components of
the Department of Homeland Security within each designated
geographic area.
(b) Contents.--The field efficiencies plan submitted under
subsection (a) shall include the following:
(1) An accounting of leases held by the Department of
Homeland Security or the components of the Department of
Homeland Security that have expired in the current fiscal
year or will be expiring in the next fiscal year, that have
begun or been renewed in the current fiscal year, or that the
Department of Homeland Security or the components of the
Department of Homeland Security plan to sign or renew in the
next fiscal year.
(2) For each designated geographic area:
(A) An evaluation of specific facilities at which
components, or operational entities of components, of the
Department of Homeland Security may be closed or
consolidated, including consideration of when leases expire
or facilities owned by the Government become available.
(B) An evaluation of potential consolidation with
facilities of other Federal, State, or local entities,
including--
(i) offices;
(ii) warehouses;
(iii) training centers;
(iv) housing;
(v) ports, shore facilities, and airfields;
(vi) laboratories;
(vii) continuity of government facilities; and
(viii) other assets as determined by the Secretary.
(C) An evaluation of the potential for the consolidation of
administrative and logistics functions, including--
(i) facility maintenance;
(ii) fleet vehicle services;
(iii) mail handling and shipping and receiving;
(iv) facility security;
(v) procurement of goods and services;
(vi) information technology and telecommunications services
and support; and
(vii) additional ways to improve unity of effort and cost
savings for field operations and related support activities
as determined by the Secretary.
(3) An implementation plan, including--
(A) near-term actions that can co-locate, consolidate, or
dispose of property within 24 months;
(B) identifying long-term occupancy agreements or leases
that cannot be changed without a significant cost to the
Government; and
(C) how the Department of Homeland Security can ensure it
has the capacity, in both personnel and funds, needed to
cover up-front costs to achieve consolidation and
efficiencies.
(4) An accounting of any consolidation of the real estate
footprint of the Department or any component of the
Department, including the co-location of personnel from
different components, offices, and agencies within the
Department.

SEC. 1115. MANAGEMENT.

(a) Submission to Congress of Information Regarding
Reprogramming or Transfer of Department of Homeland Security
Resources to Respond to Operational Surges.--Title VII of the
Homeland Security Act of 2002 (6 U.S.C. 341 et seq.), as
amended by section 1108, is amended by adding at the end the
following:

``SEC. 711. ANNUAL SUBMITTAL TO CONGRESS OF INFORMATION ON
REPROGRAMMING OR TRANSFERS OF FUNDS TO RESPOND
TO OPERATIONAL SURGES.

``For each fiscal year until fiscal year 2023, 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, together
with the annual budget request for the Department,
information on--
``(1) any circumstance during the fiscal year covered by
the report in which the Secretary 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
the Secretary to address such unforeseen costs.''.
(b) Long Term Real Property Strategies.--Title VII of the
Homeland Security Act of 2002 (6 U.S.C. 341 et seq.), as
amended by subsection (a), is amended by adding at the end
the following:

``SEC. 712. CHIEF FACILITIES AND LOGISTICS OFFICER.

``(a) In General.--There is a Chief Facilities and
Logistics Officer of the Department who shall report directly
to the Under Secretary for Management. The Chief Facilities
and Logistics Officer shall be career reserved for a member
of the senior executive service.
``(b) Responsibilities.--The Chief Facilities and Logistics
Officer shall--

[[Page S3647]]

``(1) develop policies and procedures and provide program
oversight to manage real property, facilities, environmental
and energy programs, personal property, mobile assets,
equipment, and other material resources of the Department;
``(2) manage and execute, in consultation with the
component heads, mission support services within the National
Capital Region for real property, facilities, environmental
and energy programs, and other common headquarters and field
activities for the Department; and
``(3) provide tactical and transactional services for the
Department in the National Capital Region, including
transportation, facility operations, and maintenance.

``SEC. 713. LONG TERM REAL PROPERTY STRATEGIES.

``(a) In General.--
``(1) First strategy.--Not later than 180 days after the
date of enactment of this section, the Under Secretary for
Management, in consultation with the Administrator of General
Services, shall develop an initial 5-year regional real
property strategy for the Department that covers the 5-
fiscal-year period immediately following such date of
enactment. Such strategy shall be geographically organized,
as designated by the Under Secretary for Management.
``(2) Second strategy.--Not later than the first day of the
fourth fiscal year covered by the first strategy under
paragraph (1), the Under Secretary for Management, in
consultation with the Administrator of General Services,
shall develop a second 5-year real property strategy for the
Department that covers the 5 fiscal years immediately
following the conclusion of the first strategy.
``(b) Requirements.--
``(1) Initial strategy.--The initial 5-year strategy
developed in accordance with subsection (a)(1) shall--
``(A) identify opportunities to consolidate real property,
optimize the usage of Federal assets, and decrease the number
of commercial leases and square footage within the
Department's real property portfolio;
``(B) provide alternate housing and consolidation plans to
increase efficiency through joint use of Department spaces
while decreasing the cost of leased space;
``(C) concentrate on geographical areas with a significant
Department presence, as identified by the Under Secretary for
Management;
``(D) examine the establishment of central Department
locations in each such geographical region and the co-
location of Department components based on the mission sets
and responsibilities of such components;
``(E) identify opportunities to reduce overhead costs
through co-location or consolidation of real property
interests or mission support activities, such as shared mail
screening and processing, centralized transportation and
shuttle services, regional transit benefit programs, common
contracting for custodial and other services, and leveraging
strategic sourcing contracts and sharing of specialized
facilities, such as training facilities and resources;
``(F) manage the current Department Workspace Standard for
Office Space in accordance with the Department office
workspace design process to develop the most efficient and
effective spaces within the workspace standard usable square
foot ranges for all leased for office space entered into on
or after the date of the enactment of this section, including
the renewal of any leases for office space existing as of
such date;
``(G) define, based on square footage, what constitutes a
major real property acquisition;
``(H) prioritize actions to be taken to improve the
operations and management of the Department's real property
inventory, based on life-cycle cost estimations, in
consultation with component heads;
``(I) include information on the headquarters consolidation
project of the Department, including--
``(i) an updated list of the components and offices to be
included in the project;
``(ii) a comprehensive assessment of the current and future
real property required by the Department at the site; and
``(iii) updated cost and schedule estimates; and
``(J) include any additional information determined
appropriate or relevant by the Under Secretary for
Management.
``(2) Second strategy.--The second 5-year strategy
developed in accordance with subsection (a)(2) shall include
information required in subparagraphs (A), (B), (C), (E),
(F), (G), (H), (I), and (J) of paragraph (1) and information
on the effectiveness of implementation efforts pursuant to
the Department-wide policy required in accordance with
subsection (c), including--
``(A) the impact of such implementation on departmental
operations and costs; and
``(B) the degree to which the Department established
central Department locations and co-located Department
components pursuant to the results of the examination
required by paragraph (1)(D).
``(c) Implementation Policies.--Not later than 90 days
after the development of each of the regional real property
strategies developed in accordance with subsection (a), the
Under Secretary for Management shall develop or update, as
applicable, a Department-wide policy implementing such
strategies.
``(d) Certifications.--Subject to subsection (g)(3), the
implementation policies developed pursuant to subsection (c)
shall require component heads to certify to the Under
Secretary for Management that such heads have complied with
the requirements specified in subsection (b) before making
any major real property decision or recommendation, as
defined by the Under Secretary, including matters related to
new leased space, renewing any existing leases, or agreeing
to extend or newly occupy any Federal space or new
construction, in accordance with the applicable regional real
property strategy developed in accordance with subsection
(a).
``(e) Underutilized Space.--
``(1) In general.--The implementation policies developed
pursuant to subsection (c) shall require component heads,
acting through regional property managers under subsection
(f), to annually report to the Under Secretary for Management
on underutilized space and identify space that may be made
available for use, as applicable, by other components or
Federal agencies.
``(2) Exception.--The Under Secretary for Management may
grant an exception to the workspace standard usable square
foot ranges described in subsection (b)(1)(F) for specific
office locations at which a reduction or elimination of
otherwise underutilized space would negatively impact a
component's ability to execute its mission based on readiness
performance measures or would increase the cost of such
space.
``(3) Underutilized space defined.--In this subsection, the
term `underutilized space' means any space with respect to
which utilization is greater than the workplace standard
usable square foot ranges described in subsection (b)(1)(F).
``(f) Component Responsibilities.--
``(1) Regional property managers.--Each component head
shall identify a senior career employee of each such
component for each geographic region included in the regional
real property strategies developed in accordance with
subsection (a) to serve as each such component's regional
property manager. Each such regional property manager shall
serve as a single point of contact for Department
headquarters and other Department components for all real
property matters relating to each such component within the
region in which each such component is located, and provide
data and any other support necessary for the Department of
Homeland Security Regional Mission Support Coordinator
strategic asset and portfolio planning and execution.
``(2) Data.--Regional property managers under paragraph (1)
shall provide annually to the Under Secretary for Management,
via a standardized and centralized system, data on each
component's real property holdings, as specified by the
Undersecretary for Management, including relating to
underutilized space under subsection (e) (as such term is
defined in such subsection), total square footage leased,
annual cost, and total number of staff, for each geographic
region included in the regional real property strategies
developed in accordance with subsection (a).
``(g) Ongoing Oversight.--
``(1) In general.--The Under Secretary for Management shall
monitor components' adherence to the regional real property
strategies developed in accordance with subsection (a) and
the implementation policies developed pursuant to subsection
(c).
``(2) Annual review.--The Under Secretary for Management
shall annually review the data submitted pursuant to
subsection (f)(2) to ensure all underutilized space (as such
term is defined in subsection (e)) is properly identified.
``(3) Certification review.--The Under Secretary for
Management shall review, and if appropriate, approve,
component certifications under subsection (d) before such
components may make any major real property decision,
including matters related to new leased space, renewing any
existing leases, or agreeing to extend or newly occupy any
Federal space or new construction, in accordance with the
applicable regional real property strategy developed in
accordance with subsection (a).
``(4) Congressional reporting.--The Under Secretary for
Management shall annually provide information to the
Committee on Homeland Security and the Committee on
Transportation and Infrastructure of the House of
Representatives, the Committee on Homeland Security and
Governmental Affairs of the Senate, and the Inspector General
of the Department on the real property portfolio of the
Department, including information relating to the following:
``(A) A summary of the Department's real property holdings
in each region described in the regional strategies developed
in accordance with subsection (a), and for each such
property, information including the total square footage
leased, the total cost, the total number of staff at each
such property, and the square foot per person utilization
rate for office space (and whether or not it conforms with
the workspace standard usable square foot ranges established
described in subsection (b)(1)(F)).
``(B) An accounting of all underutilized space (as such
term is defined in subsection (e)).
``(C) An accounting of all instances in which the
Department or its components consolidated their real property
holdings or co-located with another entity within the
Department.
``(D) A list of all certifications provided pursuant to
subsection (d) and all such certifications approved pursuant
to paragraph (3) of this subsection.
``(5) Inspector general review.--Not later than 120 days
after the last day of the fifth

[[Page S3648]]

fiscal year covered in each of the initial and second
regional real property strategies developed in accordance
with subsection (a), the Inspector General of the Department
shall review the information submitted pursuant to paragraph
(4) and issue findings regarding the effectiveness of the
implementation of the Department-wide policy and oversight
efforts of the management of real property facilities,
personal property, mobile assets, equipment and the
Department's other material resources as required under this
section.''.
(c) Reporting.--The Secretary of Homeland Security shall
submit to the Committee on Homeland Security of the House of
Representatives and the Committee on Homeland Security and
Governmental Affairs of the Senate copies of the regional
strategies developed in accordance with section 713(a) of the
Homeland Security Act of 2002, as added by this Act, not
later than 90 days after the date of the development of each
such strategy.
(d) Rules of Construction.--Nothing in this Act or an
amendment made by this Act shall be construed to effect,
modify, or supersede--
(1) the responsibility of agencies for management of their
real property holdings pursuant to title 40 of the United
States Code; or
(2) the reporting requirements included in the Department
of Homeland Security Headquarters Consolidation
Accountability Act of 2015 (Public Law 114-150; 130 Stat.
366).
(e) Clerical Amendment.--The table of contents in section
1(b) of the Homeland Security Act of 2002 (Public Law 107-
296; 116 Stat. 2135), as amended by section 1108, is amended
by inserting after the item relating to section 710 the
following:

``Sec. 711. Annual submittal to Congress of information on
reprogramming or transfers of funds to respond to
operational surges.
``Sec. 712. Chief Facilities and Logistics Officer.
``Sec. 713. Long term real property strategies.''.

SEC. 1116. REPORT TO CONGRESS ON COST SAVINGS AND EFFICIENCY.

(a) In General.--Not later than 2 years after the date of
the enactment of this Act, the Secretary of Homeland Security
shall submit to the congressional homeland security
committees (as defined in section 2 of the Homeland Security
Act of 2002, as amended by this Act) a report that includes
each of the following:
(1) A detailed accounting of the management and
administrative expenditures and activities of each component
of the Department of Homeland Security and identifies
potential cost savings, avoidances, and efficiencies for
those expenditures and activities.
(2) An examination of major physical assets of the
Department of Homeland Security, as defined by the Secretary
of Homeland Security.
(3) A review of the size, experience level, and geographic
distribution of the operational personnel of the Department
of Homeland Security.
(4) Recommendations for adjustments in the management and
administration of the Department of Homeland Security that
would reduce deficiencies in the capabilities of the
Department of Homeland Security, reduce costs, and enhance
efficiencies.
(b) Form of Report.--The report required under subsection
(a) shall be submitted in unclassified form, but may include
a classified annex.

SEC. 1117. COUNTERING WEAPONS OF MASS DESTRUCTION OFFICE.

(a) In General.--Title XIX of the Homeland Security Act of
2002 (6 U.S.C. 591 et seq.) is amended--
(1) in the title heading, by striking ``DOMESTIC NUCLEAR
DETECTION OFFICE'' and inserting ``COUNTERING WEAPONS OF MASS
DESTRUCTION OFFICE'';
(2) by striking section 1901 and inserting the following:

``SEC. 1900. DEFINITIONS.

``In this title:
``(1) Assistant secretary.--The term `Assistant Secretary'
means the Assistant Secretary for the Countering Weapons of
Mass Destruction Office.
``(2) Office.--The term `Office' means the Countering
Weapons of Mass Destruction Office established under section
1901(a).
``(3) Weapon of mass destruction.--The term `weapon of mass
destruction' has the meaning given the term in section 101 of
the Foreign Intelligence Surveillance Act of 1978 (50 U.S.C.
1801).

``Subtitle A--Countering Weapons of Mass Destruction Office'';

``SEC. 1901. COUNTERING WEAPONS OF MASS DESTRUCTION OFFICE.

``(a) Establishment.--There is established in the
Department a Countering Weapons of Mass Destruction Office.
``(b) Assistant Secretary.--The Office shall be headed by
an Assistant Secretary for the Countering Weapons of Mass
Destruction Office, who shall be appointed by the President.
``(c) Responsibilities.--The Assistant Secretary shall
serve as the Secretary's principal advisor on--
``(1) weapons of mass destruction matters and strategies;
and
``(2) coordinating the efforts to counter weapons of mass
destruction.'';
(3) by adding at the end the following:

``Subtitle B--Mission of the Office

``SEC. 1921. MISSION OF THE OFFICE.

``The Office shall be responsible for coordinating with
other Federal efforts and developing departmental strategy
and policy to plan, detect, or protect against the
importation, possession, storage, transportation,
development, or use of unauthorized chemical, biological,
radiological, or nuclear materials, devices, or agents, in
the United States and to protect against an attack using such
materials, devices, or agents against the people, territory,
or interests of the United States.

``SEC. 1922. RELATIONSHIP TO OTHER DEPARTMENT ENTITIES AND
FEDERAL AGENCIES.

``(a) In General.--The authority of the Assistant Secretary
under this title shall neither affect nor diminish the
authority or the responsibility of any officer of the
Department or of any officer of any other department or
agency of the United States with respect to the command,
control, or direction of the functions, personnel, funds,
assets, and liabilities of any entity within the Department
or any Federal department or agency.
``(b) Federal Emergency Management Agency.--Nothing in this
title 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.'';
(4) by striking section 1905;
(5) by redesignating sections 1902, 1903, 1904, 1906, and
1907 as sections 1923, 1924, 1925, 1926, and 1927,
respectively, and transferring such sections to appear after
section 1922, as added by paragraph (3);
(6) in section 1923, as so redesignated--
(A) in the section heading by striking ``mission of
office'' and inserting ``responsibilities''; and
(B) in subsection (a)(11), by striking ``Domestic Nuclear
Detection Office'' and inserting ``Countering Weapons of Mass
Destruction Office'';
(7) in section 1925(a), as so redesignated, by striking
``section 1902'' and inserting ``section 1923'';
(8) in section 1926, as so redesignated--
(A) by striking ``section 1902(a)'' each place it appears
and inserting ``section 1923(a)''; and
(B) in the matter preceding paragraph (1), by striking
``Director for Domestic Nuclear Detection'' and inserting
``Assistant Secretary for the Countering Weapons of Mass
Destruction Office''; and
(9) in section 1927, as so redesignated--
(A) in subsection (a)(1)(C), in the matter preceding clause
(i), by striking ``Director of the Domestic Nuclear Detection
Office'' and inserting ``Assistant Secretary for the
Countering Weapons of Mass Destruction Office''; and
(B) in subsection (c), by striking ``section 1902'' and
inserting ``section 1923''.
(b) References and Construction.--
(1) In general.--Any reference in law, regulation,
document, paper, or other record of the United States to--
(A) the Domestic Nuclear Detection Office shall be deemed
to be a reference to the Countering Weapons of Mass
Destruction Office; and
(B) the Director for Domestic Nuclear Detection shall be
deemed to be a reference to the Assistant Secretary for the
Countering Weapons of Mass Destruction Office.
(2) Construction.--Sections 1923 through 1927 of the
Homeland Security Act of 2002, as so redesignated by
subsection (a), shall be construed to cover the chemical and
biological responsibilities of the Assistant Secretary for
the Countering Weapons of Mass Destruction Office.
(3) Authority.--The authority of the Director of the
Domestic Nuclear Detection Office to make grants is
transferred to the Assistant Secretary for the Countering
Weapons of Mass Destruction, and such authority shall be
construed to include grants for all purposes of title XIX of
the Homeland Security Act of 2002, as amended by this Act.
(c) Chief Medical Officer.--
(1) Repeal.--Title V of the Homeland Security Act of 2002
(6 U.S.C. 311 et seq.) is amended by striking section 516.
(2) Amendment.--Title XIX of the Homeland Security Act of
2002 (6 U.S.C. 591 et seq.), as amended by subsection (a), is
amended by adding at the end the following:

``Subtitle C--Chief Medical Officer

``SEC. 1931. CHIEF MEDICAL OFFICER.

``(a) In General.--There is in the Department a Chief
Medical Officer, who shall be appointed by the Secretary. The
Chief Medical Officer shall report to the Assistant
Secretary.
``(b) Qualifications.--The individual appointed as Chief
Medical Officer shall be a licensed physician possessing a
demonstrated ability in and knowledge of medicine and public
health.
``(c) Responsibilities.--The Chief Medical Officer shall
have the responsibility within the Department for medical
issues related to natural disasters, acts of terrorism, and
other man-made disasters including--
``(1) serving as the principal advisor to the Secretary,
the Assistant Secretary, and other Department officials on
medical and public health issues;

[[Page S3649]]

``(2) providing operational medical support to all
components of the Department;
``(3) as appropriate provide medical liaisons to the
components of the Department, on a reimbursable basis, to
provide subject matter expertise on operational medical
issues;
``(4) coordinating with State, local, and tribal
governments, the medical community, and others within and
outside the Department, including the Department of Health
and Human Services Centers for Disease Control, with respect
to medical and public health matters; and
``(5) performing such other duties relating to such
responsibilities as the Secretary may require.''.
(3) Clerical amendment.--The table of contents in section
1(b) of the Homeland Security Act of 2002 (Public Law 107-
296; 116 Stat. 2135) is amended by striking the item relating
to section 516.
(d) Workforce Health and Medical Support.--
(1) In general.--Title VII of the Homeland Security Act of
2002 (6 U.S.C. 341 et seq.), as amended by section 1115, is
amended by adding at the end the following:

``SEC. 714. WORKFORCE HEALTH AND MEDICAL SUPPORT.

``(a) In General.--The Under Secretary for Management shall
be responsible for workforce-focused health and medical
activities of the Department. The Under Secretary for
Management may further delegate these responsibilities as
appropriate.
``(b) Responsibilities.--The Under Secretary for
Management, in coordination with the Chief Medical Officer,
shall--
``(1) provide oversight and coordinate the medical and
health activities of the Department for the human and animal
personnel of the Department;
``(2) establish medical, health, veterinary, and
occupational health exposure policy, guidance, strategies,
and initiatives for the human and animal personnel of the
Department;
``(3) as deemed appropriate by the Under Secretary, provide
medical liaisons to the components of the Department, on a
reimbursable basis, to provide subject matter expertise on
occupational medical and public health issues;
``(4) serve as the primary representative for the
Department on agreements regarding the detail of Department
of Health and Human Services Public Health Service
Commissioned Corps Officers to the Department, except that
components and offices of the Department shall retain
authority for funding, determination of specific duties, and
supervision of Commissioned Corps officers detailed to a
Department component; and
``(5) perform such other duties relating to such
responsibilities as the Secretary may require.''.
(e) Transfers; Abolishment.--
(1) Transfers.--The Secretary of Homeland Security shall
transfer--
(A) to the Countering Weapons of Mass Destruction Office
all functions, personnel, budget authority, and assets of--
(i) the Domestic Nuclear Detection Office, as in existence
on the day before the date of enactment of this Act; and
(ii) the Office of Health Affairs, as in existence on the
day before the date of enactment of this Act, other than the
functions, personnel, budget authority, and assets of such
office necessary to perform the functions of section 714 of
the Homeland Security Act of 2002, as added by this Act; and
(B) to the Directorate of Management all functions,
personnel, budget authority, and assets of the Office of
Health Affairs, as in existence on the day before the date of
enactment of this Act, that are necessary to perform the
functions of section 714 of the Homeland Security Act of
2002, as added by this Act.
(2) Abolishment.--Upon completion of all transfers pursuant
to paragraph (1)--
(A) the Domestic Nuclear Detection Office of the Department
of Homeland Security and the Office of Health Affairs of the
Department of Homeland Security are abolished;
(B) the positions of Assistant Secretary for Health Affairs
and Director for Domestic Nuclear Detection are abolished.
(f) Conforming Amendments.--
(1) Other officers.--Section 103(d) of the Homeland
Security Act of 2002 (6 U.S.C. 113(d)) is amended--
(A) by striking paragraph (4); and
(B) by redesignating paragraph (5) as paragraph (4).
(2) National biosurveillance integration center.--Section
316(a) of the Homeland Security Act of 2002 (6 U.S.C.
195b(a)) is amended by striking ``Secretary shall'' and
inserting ``Secretary, acting through the Assistant Secretary
for the Countering Weapons of Mass Destruction Office,
shall''.
(3) International cooperation.--Section 317(f) of the
Homeland Security Act of 2002 (6 U.S.C. 195c(f)) is amended
by striking ``the Chief Medical Officer,'' and inserting
``the Assistant Secretary for the Countering Weapons of Mass
Destruction Office,''.
(4) Functions transferred.--Section 505(b) of the Homeland
Security Act of 2002 (6 U.S.C. 315(b)) is amended--
(A) by striking paragraph (4);
(B) by redesignating paragraph (5) as paragraph (4); and
(C) in paragraph (4), as so redesignated, by striking
``through (4)'' and inserting ``through (3)''.
(5) Coordination of department of homeland security efforts
related to food, agriculture, and veterinary defense against
terrorism.--Section 528(a) of the Homeland Security Act of
2002 (6 U.S.C. 321q(a)) is amended by striking ``Health
Affairs,'' and inserting ``the Countering Weapons of Mass
Destruction Office,''.
(g) Department of Homeland Security Chemical, Biological,
Radiological, and Nuclear Activities.--Not later than 1 year
after the date of enactment of this Act and once every year
thereafter, the Secretary of Homeland Security shall provide
a briefing and report to the appropriate congressional
committees (as defined in section 2 of the Homeland Security
Act of 2002 (6 U.S.C. 101) on--
(1) the organization and management of the chemical,
biological, radiological, and nuclear activities of the
Department of Homeland Security, including research and
development activities, and the location of each activity
under the organizational structure of the Countering Weapons
of Mass Destruction Office;
(2) a comprehensive inventory of chemical, biological,
radiological, and nuclear activities, including research and
development activities, of the Department of Homeland
Security, highlighting areas of collaboration between
components, coordination with other agencies, and the
effectiveness and accomplishments of consolidated chemical,
biological, radiological, and nuclear activities of the
Department of Homeland Security, including research and
development activities;
(3) information relating to how the organizational
structure of the Countering Weapons of Mass Destruction
Office will enhance the development of chemical, biological,
radiological, and nuclear priorities and capabilities across
the Department of Homeland Security;
(4) a discussion of any resulting cost savings and
efficiencies gained through activities described in
paragraphs (1) and (2); and
(5) recommendations for any necessary statutory changes,
or, if no statutory changes are necessary, an explanation of
why no statutory or organizational changes are necessary.
(h) Clerical Amendment.--The table of contents in section
1(b) of the Homeland Security Act of 2002 (Public Law 107-
296; 116 Stat. 2135), as amended by subsection (b), is
amended--
(1) by inserting after the item relating to section 713 the
following:

``Sec. 714. Workforce health and medical support.'';
and
(2) by striking the item relating to title XIX (including
items relating to section 1901 through section 1907) and
inserting the following:

``TITLE XIX--COUNTERING WEAPONS OF MASS DESTRUCTION OFFICE

``Sec. 1900. Definitions.

``Subtitle A--Countering Weapons of Mass Destruction Office

``Sec. 1901. Countering Weapons of Mass Destruction Office.

``Subtitle B--Mission of the Office

``Sec. 1921. Mission of the Office.
``Sec. 1922. Relationship to other department entities and Federal
agencies.
``Sec. 1923. Responsibilities.
``Sec. 1924. Hiring authority.
``Sec. 1925. Testing authority.
``Sec. 1926. Contracting and grant making authorities.
``Sec. 1927. Joint annual interagency review of global nuclear
detection architecture.

``Subtitle C--Chief Medical Officer

``Sec. 1931. Chief Medical Officer.''.
(i) Sunset.--
(1) Definition.--In this subsection, the term ``sunset
date'' means the date that is 5 years after the date of
enactment of this Act.
(2) Amendments.--Effective on the sunset date:
(A) Title XIX of the Homeland Security Act of 2002 (6
U.S.C. 591 et seq.) is amended--
(i) in the title heading, by striking ``COUNTERING WEAPONS
OF MASS DESTRUCTION OFFICE'' and inserting ``DOMESTIC NUCLEAR
DETECTION OFFICE'';
(ii) by striking section 1900 and all that follows through
the end of section 1901 and inserting the following:

``SEC. 1901. DOMESTIC NUCLEAR DETECTION OFFICE.

``(a) Establishment.--There shall be established in the
Department a Domestic Nuclear Detection Office (referred to
in this title as the `Office'). The Secretary may request
that the Secretary of Defense, the Secretary of Energy, the
Secretary of State, the Attorney General, the Nuclear
Regulatory Commission, and the directors of other Federal
agencies, including elements of the Intelligence Community,
provide for the reimbursable detail of personnel with
relevant expertise to the Office.
``(b) Director.--The Office shall be headed by a Director
for Domestic Nuclear Detection, who shall be appointed by the
President.'';
(iii) by redesignating sections 1923, 1924, 1925, 1926, and
1927 as sections 1902, 1903, 1904, 1906, and 1907,
respectively, and transferring such sections to appear after
section 1901, as added by clause (ii);
(iv) in section 1902, as so redesignated--

(I) in the section heading by striking ``responsibilities''
and inserting ``mission of office''; and
(II) in subsection (a)(11), by striking ``Countering
Weapons of Mass Destruction

[[Page S3650]]

Office'' and inserting ``Domestic Nuclear Detection Office'';

(v) in section 1904(a), as so redesignated, by striking
``section 1923'' and inserting ``section 1902'';
(vi) by inserting after section 1904, as redesignated and
transferred by clause (iii), the following:

``SEC. 1905. RELATIONSHIP TO OTHER DEPARTMENT ENTITIES AND
FEDERAL AGENCIES.

``The authority of the Director under this title shall not
affect the authorities or responsibilities of any officer of
the Department or of any officer of any other department or
agency of the United States with respect to the command,
control, or direction of the functions, personnel, funds,
assets, and liabilities of any entity within the Department
or any Federal department or agency.'';
(vii) in section 1906, as so redesignated--

(I) by striking ``section 1923(a)'' each place it appears
and inserting ``section 1902(a)''; and
(II) in the matter preceding paragraph (1), by striking
``Assistant Secretary for the Countering Weapons of Mass
Destruction Office'' and inserting ``Director for Domestic
Nuclear Detection''; and

(viii) in section 1907, as so redesignated--

(I) in subsection (a)(1)(C), in the matter preceding clause
(i), by striking ``Assistant Secretary for the Countering
Weapons of Mass Destruction Office'' and inserting ``Director
of the Domestic Nuclear Detection Office''; and
(II) in subsection (c), by striking ``section 1923'' and
inserting ``section 1902''; and

(ix) by striking the heading for subtitle B and all that
follows through the end of section 1931.
(B) Title V of the Homeland Security Act of 2002 (6 U.S.C.
311 et seq.) is amended by inserting after section 515 the
following:

``SEC. 516. CHIEF MEDICAL OFFICER.

``(a) In General.--There is in the Department a Chief
Medical Officer, who shall be appointed by the President.
``(b) Qualifications.--The individual appointed as Chief
Medical Officer shall possess a demonstrated ability in and
knowledge of medicine and public health.
``(c) Responsibilities.--The Chief Medical Officer shall
have the primary responsibility within the Department for
medical issues related to natural disasters, acts of
terrorism, and other man-made disasters, including--
``(1) serving as the principal advisor to the Secretary and
the Administrator on medical and public health issues;
``(2) coordinating the biodefense activities of the
Department;
``(3) ensuring internal and external coordination of all
medical preparedness and response activities of the
Department, including training, exercises, and equipment
support;
``(4) serving as the Department's primary point of contact
with the Department of Agriculture, the Department of
Defense, the Department of Health and Human Services, the
Department of Transportation, the Department of Veterans
Affairs, and other Federal departments or agencies, on
medical and public health issues;
``(5) serving as the Department's primary point of contact
for State, local, and tribal governments, the medical
community, and others within and outside the Department, with
respect to medical and public health matters;
``(6) discharging, in coordination with the Under Secretary
for Science and Technology, the responsibilities of the
Department related to Project Bioshield; and
``(7) performing such other duties relating to such
responsibilities as the Secretary may require.''.
(C) Title VII of the Homeland Security Act of 2002 (6
U.S.C. 341 et seq.) is amended by striking section 714.
(D) Section 103(d) of the Homeland Security Act of 2002 (6
U.S.C. 113(d)) is amended--
(i) by redesignating paragraph (4) as paragraph (5); and
(ii) by inserting after paragraph (3) the following:
``(4) A Director for Domestic Nuclear Detection.''.
(E) Section 316(a) of the Homeland Security Act of 2002 (6
U.S.C. 195b(a)) is amended by striking ``, acting through the
Assistant Secretary for the Countering Weapons of Mass
Destruction Office,''.
(F) Section 317(f) of the Homeland Security Act of 2002 (6
U.S.C. 195c(f)) is amended by striking ``the Assistant
Secretary for the Countering Weapons of Mass Destruction
Office,'' and inserting ``the Chief Medical Officer,''.
(G) Section 505(b) of the Homeland Security Act of 2002 (6
U.S.C. 315(b)) is amended--
(i) by redesignating paragraph (4) as paragraph (5);
(ii) by inserting after paragraph (3) the following:
``(4) The Office of the Chief Medical Officer.''; and
(iii) in paragraph (5), as so redesignated, by striking
``through (3)'' and inserting ``through (4)''.
(H) Section 528(a) of the Homeland Security Act of 2002 (6
U.S.C. 321q(a)) is amended by striking ``Health Affairs,''
and inserting ``the Countering Weapons of Mass Destruction
Office,''.
(I) The table of contents in section 1(b) of the Homeland
Security Act of 2002 (Public Law 107-296; 116 Stat. 2135) is
amended--
(i) by inserting after the item relating to section 515 the
following:

``Sec. 516. Chief medical officer.'';
(ii) by striking the item relating to section 714; and
(iii) by striking the item relating to title XIX (including
items relating to section 1900 through section 1931) and
inserting the following:

``TITLE XIX--DOMESTIC NUCLEAR DETECTION OFFICE

``Sec. 1901. Domestic Nuclear Detection Office.
``Sec. 1902. Mission of Office.
``Sec. 1903. Hiring authority.
``Sec. 1904. Testing authority.
``Sec. 1905. Relationship to other Department entities and Federal
agencies.
``Sec. 1906. Contracting and grant making authorities.
``Sec. 1907. Joint annual interagency review of global nuclear
detection architecture.''.
(3) This act.--Effective on the sunset date, subsections
(a) through (h) of this section, and the amendments made by
such subsections, shall have no force or effect.
(4) Transfers; abolishment.--
(A) Transfers.--The Secretary of Homeland Security shall
transfer--
(i) to the Domestic Nuclear Detection Office, all
functions, personnel, budget authority, and assets of the
Countering Weapons of Mass Destruction Office, as in
existence on the day before the sunset date, except for the
functions, personnel, budget authority, and assets that were
transferred to the Countering Weapons of Mass Destruction
Office under subsection (e)(1)(A)(i); and
(ii) to the Office of Health Affairs, the functions,
personnel, budget authority, and assets that were transferred
to the Countering Weapons of Mass Destruction Office under
subsection (e)(1)(A)(ii) or to the Directorate of Management
under subsection (e)(1)(B).
(B) Abolishment.--Upon completion of all transfers pursuant
to subparagraph (A)--
(i) the Countering Weapons of Mass Destruction Office of
the Department of Homeland Security is abolished; and
(ii) the position of Assistant Secretary for the Countering
Weapons of Mass Destruction Office is abolished.

SEC. 1118. ACTIVITIES RELATED TO INTERNATIONAL AGREEMENTS;
ACTIVITIES RELATED TO CHILDREN.

Section 708(c) of the Homeland Security Act of 2002, as so
redesignated by section 1142 of this Act, is amended--
(1) by redesignating paragraphs (6) and (7) as paragraphs
(7) and (8), respectively;
(2) by inserting after paragraph (5) the following:
``(6) enter into agreements with governments of other
countries, in consultation with the Secretary of State or the
head of another agency, as appropriate, international
organizations, and international nongovernmental
organizations in order to achieve the missions of the
Department;''; and
(3) in paragraph (7), as so redesignated, by inserting ``,
including feedback from organizations representing the needs
of children,'' after ``stakeholder feedback''.

SEC. 1119. CANINE DETECTION RESEARCH AND DEVELOPMENT.

(a) In General.--Title III of the Homeland Security Act of
2002 (6 U.S.C. 181 et seq.), as amended by section 1601 of
this Act, is amended by adding at the end the following:

``SEC. 321. CANINE DETECTION RESEARCH AND DEVELOPMENT.

``(a) In General.--In furtherance of domestic preparedness
and response, the Secretary, acting through the Under
Secretary for Science and Technology, and in consultation
with other relevant executive agencies, relevant State,
local, and tribal governments, and academic and industry
stakeholders, shall, to the extent practicable, conduct
research and development of canine detection technology to
mitigate the risk of the threats of existing and emerging
weapons of mass destruction.
``(b) Scope.--The scope of the research and development
under subsection (a) may include the following:
``(1) Canine-based sensing technologies.
``(2) Chem-Bio defense technologies.
``(3) New dimensions of olfaction biology.
``(4) Novel chemical sensing technologies.
``(5) Advances in metabolomics and volatilomics.
``(6) Advances in gene therapy, phenomics, and molecular
medicine.
``(7) Reproductive science and technology.
``(8) End user techniques, tactics, and procedures.
``(9) National security policies, standards and practices
for canine sensing technologies.
``(10) Protective technology, medicine, and treatments for
the canine detection platform.
``(11) Domestic capacity and standards development.
``(12) Emerging threat detection.
``(13) Training aids.
``(14) Genetic, behavioral, and physiological optimization
of the canine detection platform.
``(c) Coordination and Collaboration.--The Secretary,
acting through the Under Secretary for Science and
Technology, shall ensure research and development activities
are conducted in coordination and collaboration with
academia, all levels of government, and private sector
stakeholders.

[[Page S3651]]

``(d) Authorization of Appropriations.--There are
authorized to be appropriated such sums as are necessary to
carry out this section.''.
(b) Table of Contents Amendment.--The table of contents in
section 1(b) of the Homeland Security Act of 2002 (Public Law
107-296; 116 Stat. 2135), as amended by this Act, is amended
by inserting after the item relating to section 320 the
following:

``Sec. 321. Canine detection research and development.''.

Subtitle B--Human Resources and Other Matters

SEC. 1131. CHIEF HUMAN CAPITAL OFFICER RESPONSIBILITIES.

Section 704 of the Homeland Security Act of 2002 (6 U.S.C.
344) is amended--
(1) in subsection (b)--
(A) in paragraph (1)--
(i) by striking ``and in line'' and inserting ``, in
line''; and
(ii) by inserting ``and informed by successful practices
within the Federal Government and the private sector,'' after
``priorities,'';
(B) in paragraph (2), by striking ``develop performance
measures to provide a basis for monitoring and evaluating''
and inserting ``develop performance measures to monitor and
evaluate on an ongoing basis,'';
(C) in paragraph (4), by inserting ``including leader
development and employee engagement programs,'' before ``in
coordination'';
(D) by redesignating paragraphs (9) and (10) as paragraphs
(14) and (15), respectively;
(E) by redesignating paragraphs (3) through (8) as
paragraphs (4) through (9), respectively;
(F) by inserting after paragraph (2) the following:
``(3) assess the need of administrative and mission support
staff across the Department, to identify and eliminate the
unnecessary use of mission-critical staff for administrative
and mission support positions;'';
(G) in paragraph (6), as so redesignated, by inserting
before the semicolon at the end the following: ``that is
informed by appropriate workforce planning initiatives''; and
(H) by inserting after paragraph (9), as so redesignated,
the following:
``(10) maintain a catalogue of available employee
development opportunities easily accessible to employees of
the Department, including departmental leadership development
programs, interagency development programs, and rotational
programs;
``(11) approve the selection and organizational placement
of each senior human capital official of each component of
the Department and participate in the periodic performance
reviews of each such senior human capital official;
``(12) assess the success of the Department and the
components of the Department regarding efforts to recruit and
retain employees in rural and remote areas, and make policy
recommendations as appropriate to the Secretary and to
Congress;
``(13) develop performance measures to monitor and evaluate
on an ongoing basis any significant contracts issued by the
Department or a component of the Department to a private
entity regarding the recruitment, hiring, or retention of
employees;''.

SEC. 1132. EMPLOYEE ENGAGEMENT AND RETENTION ACTION PLAN.

(a) In General.--Title VII of the Homeland Security Act of
2002 (6 U.S.C. 341 et seq.), as amended by section 1117, is
amended by adding at the end the following:

``SEC. 715. EMPLOYEE ENGAGEMENT AND RETENTION ACTION PLAN.

``(a) In General.--The Secretary shall--
``(1) not later than 180 days after the date of enactment
of this section, and not later than September 30 of each
fiscal year thereafter, issue a Department-wide employee
engagement and retention action plan to inform and execute
strategies for improving employee engagement, employee
retention, Department management and leadership, diversity
and inclusion efforts, employee morale, training and
development opportunities, and communications within the
Department, which shall reflect--
``(A) input from representatives from operational
components, headquarters, and field personnel, including
supervisory and non-supervisory personnel, and employee labor
organizations that represent employees of the Department;
``(B) employee feedback provided through annual employee
surveys, questionnaires, and other communications; and
``(C) performance measures, milestones, and objectives that
reflect the priorities and strategies of the action plan to
improve employee engagement and retention; and
``(2) require the head of each operational component of the
Department to--
``(A) develop and implement a component-specific employee
engagement and retention plan to advance the action plan
required under paragraph (1) that includes performance
measures and objectives, is informed by employee feedback
provided through annual employee surveys, questionnaires, and
other communications, as appropriate, and sets forth how
employees and, if applicable, their labor representatives are
to be integrated in developing programs and initiatives;
``(B) monitor progress on implementation of such action
plan; and
``(C) provide to the Chief Human Capital Officer quarterly
reports on actions planned and progress made under this
paragraph.
``(b) Rule of Construction.--Nothing in this section shall
be construed to limit the ability of the departmental or
component leadership from developing innovative approaches
and strategies to employee engagement or retention not
specifically required under this section.
``(c) Repeal.--This section shall be repealed on the date
that is 5 years after the date of enactment of this
section.''.
(b) Clerical Amendment.--
(1) In general.--The table of contents in section 1(b) of
the Homeland Security Act of 2002 (Public Law 107-296; 116
Stat. 2135), as amended by section 1117, is amended by
inserting after the item related to section 714 the
following:

``Sec. 715. Employee engagement and retention plan.''.
(2) Repeal.--The amendment made by paragraph (1) shall be
repealed on the date that is 5 years after the date of
enactment of this Act.
(c) Submissions to Congress.--
(1) Department-wide employee engagement action plan.--Not
later than 2 years after the date of enactment of this Act,
and once 2 years thereafter, the Secretary of Homeland
Security shall submit to the Committee on Homeland Security
of the House of Representatives and the Committee on Homeland
Security and Governmental Affairs of the Senate the
Department-wide employee engagement action plan required
under section 715 of the Homeland Security Act of 2002, as
added by subsection (a).
(2) Component-specific employee engagement plans.--Each
head of a component of the Department of Homeland Security
shall submit to the Committee on Homeland Security of the
House of Representatives and the Committee on Homeland
Security and Governmental Affairs of the Senate the
component-specific employee engagement plan of each such
component required under section 715(a)(2) of the Homeland
Security Act of 2002 (as added by subsection (a)) not later
than 30 days after the issuance of each such plan under such
section 715(a)(2).

SEC. 1133. REPORT DISCUSSING SECRETARY'S RESPONSIBILITIES,
PRIORITIES, AND AN ACCOUNTING OF THE
DEPARTMENT'S WORK REGARDING ELECTION
INFRASTRUCTURE.

(a) In General.--The Secretary of Homeland Security shall
continue to prioritize the provision of assistance, as
appropriate and on a voluntary basis, to State and local
election officials in recognition of the importance of
election infrastructure to the United States.
(b) Reports.--Not later than 1 year after the date of
enactment of this Act, and once each year thereafter, the
Secretary of Homeland Security shall submit to the Committee
on Homeland Security and Governmental Affairs of the Senate
and the Committee on Homeland Security of the House of
Representatives a report detailing--
(1) the responsibilities of the Secretary of Homeland
Security for coordinating the election infrastructure
critical infrastructure subsector;
(2) the priorities of the Secretary of Homeland Security
for enhancing the security of election infrastructure over
the next 1- and 5-year periods that incorporates lessons
learned, best practices, and obstacles from the previous
year; and
(3) a summary of the election infrastructure work of the
Department with each State, unit of local government, and
tribal and territorial government, as well as with the
Government Coordinating Council and the Sector Coordinating
Council, and interaction with other Federal departments and
agencies.
(c) Form of Reports.--Each report submitted under
subsection (b) shall be unclassified, but may be accompanied
by a classified annex, if necessary.
(d) Initial Report.--The first report submitted under
subsection (b) shall examine the period beginning on January
6, 2017 through the required reporting period.

SEC. 1134. POLICY, GUIDANCE, TRAINING, AND COMMUNICATION
REGARDING LAW ENFORCEMENT PERSONNEL.

(a) In General.--The Secretary of Homeland Security (in
this section referred to as the ``Secretary'') shall conduct
an inventory and assessment of training provided to all law
enforcement personnel of the Department of Homeland Security
(referred to in this section as the ``Department''),
including use of force training, and develop and implement a
strategic plan to--
(1) enhance, modernize, and expand training and continuing
education for law enforcement personnel; and
(2) eliminate duplication and increase efficiencies in
training and continuing education programs.
(b) Factors.--In carrying out subsection (a), the Secretary
shall take into account the follow factors:
(1) The hours of training provided to law enforcement
personnel and whether such hours should be increased.
(2) The hours of continuing education provided to law
enforcement personnel, and whether such hours should be
increased.
(3) The quality of training and continuing education
programs and whether the programs are in line with current
best practices and standards.
(4) The use of technology for training and continuing
education purposes, and whether such technology should be
modernized and expanded.
(5) Reviews of training and education programs by law
enforcement personnel, and

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whether such programs maximize their ability to carry out the
mission of their components and meet the highest standards of
professionalism and integrity.
(6) Whether there is duplicative or overlapping training
and continuing education programs, and whether such programs
can be streamlined to reduce costs and increase efficiencies.
(c) Input.--The Secretary shall work with relevant
components of the Department to take into account feedback
provided by law enforcement personnel (including
nonsupervisory personnel and employee labor organizations),
community stakeholders, the Office of Science and Technology,
and the Office for Civil Rights and Civil Liberties in
carrying out the assessment of, and developing and
implementing the strategic plan with respect to, training and
continuing education programs under subsection (a).
(d) Report.--Not later than 1 year after the date of
enactment of this Act, the Secretary shall submit to the
Chairman and Ranking Minority Member of the Committee on
Homeland Security and Governmental Affairs of the Senate and
the Chairman and Ranking Minority Member of the Committee on
Homeland Security of the House of Representatives an
evaluation of the assessment of, and the development and
implementation of the strategic plan with respect to,
training and continuing education programs under subsection
(a).
(e) Assessment.--Not later than 2 years after the date of
enactment of this Act, the Comptroller General of the United
States shall submit to the Chairman and Ranking Minority
Member of the Committee on Homeland Security and Governmental
Affairs of the Senate and the Chairman and Ranking Minority
Member of the Committee on Homeland Security of the House of
Representatives a report that evaluates the assessment of,
and the development and implementation of the strategic plan
with respect to, training and continuing education programs
under subsection (a).
(f) Timely Guidance, Communications, and Training Regarding
Policy Changes Affecting the Conduct of Law Enforcement and
Engagement With Members of the Public.--
(1) Definition.--In this subsection, the term ``covered
order'' means any executive order, guidance, directive, or
memorandum that changes policies regarding the conduct of law
enforcement or engagement with members of the public by law
enforcement personnel.
(2) Requirements.--The Secretary, in coordination with the
head of each affected law enforcement component of the
Department and in consultation with career executives in each
affected component, shall--
(A) as expeditiously as possible, and not later than 45
days following the effective date of any covered order--
(i) publish written documents detailing plans for the
implementation of the covered order;
(ii) develop and implement a strategy to communicate
clearly with all law enforcement personnel actively engaged
in core law enforcement activities, both in supervisory and
nonsupervisory positions, and to provide prompt responses to
questions and concerns raised by such personnel, about the
covered order; and
(iii) develop and implement a detailed plan to ensure that
all law enforcement personnel actively engaged in core law
enforcement activities are sufficiently and appropriately
trained on any new policies regarding the conduct of law
enforcement or engagement with members of the public
resulting from the covered order; and
(B) submit to the Chairman and Ranking Minority Member of
the Committee on Homeland Security and Governmental Affairs
of the Senate and the Chairman and Ranking Minority Member of
the Committee on Homeland Security of the House of
Representatives a report--
(i) not later than 30 days after the effective date of any
covered order, that explains and provides a plan to remedy
any delay in taking action under subparagraph (A); and
(ii) not later than 60 days after the effective date of any
covered order, that describes the actions taken by the
Secretary under subparagraph (A).

SEC. 1135. HACK DHS BUG BOUNTY PILOT PROGRAM.

(a) Definitions.--In this section:
(1) Bug bounty program.--The term ``bug bounty program''
means a program under which an approved individual,
organization, or company is temporarily authorized to
identify and report vulnerabilities of Internet-facing
information technology of the Department in exchange for
compensation.
(2) Department.--The term ``Department'' means the
Department of Homeland Security.
(3) Information technology.--The term ``information
technology'' has the meaning given the term in section 11101
of title 40, United States Code.
(4) Pilot program.--The term ``pilot program'' means the
bug bounty pilot program required to be established under
subsection (b)(1).
(5) Secretary.--The term ``Secretary'' means the Secretary
of Homeland Security.
(b) Establishment of Pilot Program.--
(1) In general.--Not later than 180 days after the date of
enactment of this Act, the Secretary shall establish, within
the Office of the Chief Information Officer, a bug bounty
pilot program to minimize vulnerabilities of Internet-facing
information technology of the Department.
(2) Requirements.--In establishing the pilot program, the
Secretary shall--
(A) provide compensation for reports of previously
unidentified security vulnerabilities within the websites,
applications, and other Internet-facing information
technology of the Department that are accessible to the
public;
(B) award a competitive contract to an entity, as
necessary, to manage the pilot program and for executing the
remediation of vulnerabilities identified as a consequence of
the pilot program;
(C) designate mission-critical operations within the
Department that should be excluded from the pilot program;
(D) consult with the Attorney General on how to ensure that
approved individuals, organizations, or companies that comply
with the requirements of the pilot program are protected from
prosecution under section 1030 of title 18, United States
Code, and similar provisions of law for specific activities
authorized under the pilot program;
(E) consult with the relevant offices at the Department of
Defense that were responsible for launching the 2016 ``Hack
the Pentagon'' pilot program and subsequent Department of
Defense bug bounty programs;
(F) develop an expeditious process by which an approved
individual, organization, or company can register with the
entity described in subparagraph (B), submit to a background
check as determined by the Department, and receive a
determination as to eligibility for participation in the
pilot program; and
(G) engage qualified interested persons, including non-
government sector representatives, about the structure of the
pilot program as constructive and to the extent practicable.
(c) Report.--Not later than 180 days after the date on
which the pilot program is completed, the Secretary shall
submit to the Committee on Homeland Security and Governmental
Affairs of the Senate and the Committee on Homeland Security
of the House of Representatives a report on the pilot
program, which shall include--
(1) the number of approved individuals, organizations, or
companies involved in the pilot program, broken down by the
number of approved individuals, organizations, or companies
that--
(A) registered;
(B) were approved;
(C) submitted security vulnerabilities; and
(D) received compensation;
(2) the number and severity of vulnerabilities reported as
part of the pilot program;
(3) the number of previously unidentified security
vulnerabilities remediated as a result of the pilot program;
(4) the current number of outstanding previously
unidentified security vulnerabilities and Department
remediation plans;
(5) the average length of time between the reporting of
security vulnerabilities and remediation of the
vulnerabilities;
(6) the types of compensation provided under the pilot
program; and
(7) the lessons learned from the pilot program.
(d) Authorization of Appropriations.--There are authorized
to be appropriated to the Department $250,000 for fiscal year
2018 to carry out this section.

SEC. 1136. COST SAVINGS ENHANCEMENTS.

(a) In General.--
(1) Amendment.--Subchapter II of chapter 45 of title 5,
United States Code, is amended by inserting after section
4512 the following:

``Sec. 4512A. Department of Homeland Security awards for cost
savings disclosures

``(a) In this section, the term `surplus operations and
support funds' means amounts made available for the
operations and support account, or equivalent account, of the
Department of Homeland Security, or a component thereof--
``(1) that are identified by an employee of the Department
of Homeland Security under subsection (b) as unnecessary;
``(2) that the Inspector General of the Department of
Homeland Security determines are not required for the purpose
for which the amounts were made available;
``(3) that the Chief Financial Officer of the Department of
Homeland Security determines are not required for the purpose
for which the amounts were made available; and
``(4) the rescission of which would not be detrimental to
the full execution of the purposes for which the amounts were
made available.
``(b) The Inspector General of the Department of Homeland
Security may pay a cash award to any employee of the
Department of Homeland Security whose disclosure of fraud,
waste, or mismanagement or identification of surplus
operations and support funds to the Inspector General of the
Department of Homeland Security has resulted in cost savings
for the Department of Homeland Security. The amount of an
award under this section may not exceed the lesser of--
``(1) $10,000; or
``(2) an amount equal to 1 percent of the Department of
Homeland Security's cost savings which the Inspector General
determines to be the total savings attributable to the
employee's disclosure or identification.
For purposes of paragraph (2), the Inspector General may take
into account Department of Homeland Security cost savings
projected for subsequent fiscal years which will be
attributable to such disclosure or identification.
``(c)(1) The Inspector General of the Department of
Homeland Security shall refer

[[Page S3653]]

to the Chief Financial Officer of the Department of Homeland
Security any potential surplus operations and support funds
identified by an employee that the Inspector General
determines meets the requirements under paragraphs (2) and
(4) of subsection (a), along with any recommendations of the
Inspector General.
``(2)(A) If the Chief Financial Officer of the Department
of Homeland Security determines that potential surplus
operations and support funds referred under paragraph (1)
meet the requirements under subsection (a), except as
provided in subsection (d), the Secretary of Homeland
Security shall transfer the amount of the surplus operations
and support funds from the applicable appropriations account
to the general fund of the Treasury.
``(B) Any amounts transferred under subparagraph (A) shall
be deposited in the Treasury and used for deficit reduction,
except that in the case of a fiscal year for which there is
no Federal budget deficit, such amounts shall be used to
reduce the Federal debt (in such manner as the Secretary of
the Treasury considers appropriate).
``(3) The Inspector General of the Department of Homeland
Security and the Chief Financial Officer of the Department of
Homeland Security shall issue standards and definitions for
purposes of making determinations relating to potential
surplus operations and support funds identified by an
employee under this subsection.
``(d)(1) The Secretary of Homeland Security may retain not
more than 10 percent of amounts to be transferred to the
general fund of the Treasury under subsection (c)(2).
``(2) Amounts retained by the Secretary of Homeland
Security under paragraph (1) may be--
``(A) used for the purpose of paying a cash award under
subsection (b) to one or more employees who identified the
surplus operations and support funds; and
``(B) to the extent amounts remain after paying cash awards
under subsection (b), transferred or reprogrammed for use by
the Department of Homeland Security, in accordance with any
limitation on such a transfer or reprogramming under any
other provision of law.
``(e)(1) Not later than October 1 of each fiscal year, the
Secretary of Homeland Security shall submit to the Secretary
of the Treasury a report identifying the total savings
achieved during the previous fiscal year through disclosures
of possible fraud, waste, or mismanagement and
identifications of surplus operations and support funds by an
employee.
``(2) Not later than September 30 of each fiscal year, the
Secretary of Homeland Security shall submit to the Secretary
of the Treasury a report that, for the previous fiscal year--
``(A) describes each disclosure of possible fraud, waste,
or mismanagement or identification of potentially surplus
operations and support funds by an employee of the Department
of Homeland Security determined by the Department of Homeland
Security to have merit; and
``(B) provides the number and amount of cash awards by the
Department of Homeland Security under subsection (b).
``(3) The Secretary of Homeland Security shall include the
information described in paragraphs (1) and (2) in each
budget request of the Department of Homeland Security
submitted to the Office of Management and Budget as part of
the preparation of the budget of the President submitted to
Congress under section 1105(a) of title 31.
``(4) The Secretary of the Treasury shall submit to the
Committee on Appropriations of the Senate, the Committee on
Appropriations of the House of Representatives, and the
Government Accountability Office an annual report on Federal
cost saving and awards based on the reports submitted under
paragraphs (1) and (2).
``(f) The Director of the Office of Personnel Management
shall--
``(1) ensure that the cash award program of the Department
of Homeland Security complies with this section; and
``(2) submit to Congress an annual certification indicating
whether the cash award program of the Department of Homeland
Security complies with this section.
``(g) Not later than 3 years after the date of enactment of
this section, and every 3 years thereafter, the Comptroller
General of the United States shall submit to Congress a
report on the operation of the cost savings and awards
program under this section, including any recommendations for
legislative changes.''.
(2) Technical and conforming amendment.--The table of
sections for subchapter II of chapter 45 of title 5, United
States Code, is amended by inserting after the item relating
to section 4512 the following:

``4512A. Department of Homeland Security awards for cost savings
disclosures.''.
(3) Sunset.--Effective 6 years after the date of enactment
of this Act, subchapter II of chapter 45 of title 5, United
States Code, is amended--
(A) by striking section 4512A; and
(B) in the table of sections, by striking the item relating
to section 4512A.
(b) Officers Eligible for Cash Awards.--Section 4509 of
title 5, United States Code, is amended--
(1) by inserting ``(a)'' before ``No officer''; and
(2) by adding at the end the following:
``(b) The Secretary of Homeland Security may not receive a
cash award under this subchapter.''.

SEC. 1137. CYBERSECURITY RESEARCH AND DEVELOPMENT PROJECTS.

(a) Cybersecurity Research and Development.--
(1) In general.--Title III of the Homeland Security Act of
2002 (6 U.S.C. 181 et seq.), as amended by section 1119 of
this Act, is amended by adding at the end the following:

``SEC. 322. CYBERSECURITY RESEARCH AND DEVELOPMENT.

``(a) In General.--The Under Secretary for Science and
Technology shall support the research, development, testing,
evaluation, and transition of cybersecurity technologies,
including fundamental research to improve the sharing of
information, information security, analytics, and
methodologies related to cybersecurity risks and incidents,
consistent with current law.
``(b) Activities.--The research and development supported
under subsection (a) shall serve the components of the
Department and shall--
``(1) advance the development and accelerate the deployment
of more secure information systems;
``(2) improve and create technologies for detecting and
preventing attacks or intrusions, including real-time
continuous diagnostics, real-time analytic technologies, and
full life cycle information protection;
``(3) improve and create mitigation and recovery
methodologies, including techniques and policies for real-
time containment of attacks and development of resilient
networks and information systems;
``(4) assist the development and support infrastructure and
tools to support cybersecurity research and development
efforts, including modeling, testbeds, and data sets for
assessment of new cybersecurity technologies;
``(5) assist the development and support of technologies to
reduce vulnerabilities in industrial control systems;
``(6) assist the development and support cyber forensics
and attack attribution capabilities;
``(7) assist the development and accelerate the deployment
of full information life cycle security technologies to
enhance protection, control, and privacy of information to
detect and prevent cybersecurity risks and incidents;
``(8) assist the development and accelerate the deployment
of information security measures, in addition to perimeter-
based protections;
``(9) assist the development and accelerate the deployment
of technologies to detect improper information access by
authorized users;
``(10) assist the development and accelerate the deployment
of cryptographic technologies to protect information at rest,
in transit, and in use;
``(11) assist the development and accelerate the deployment
of methods to promote greater software assurance;
``(12) assist the development and accelerate the deployment
of tools to securely and automatically update software and
firmware in use, with limited or no necessary intervention by
users and limited impact on concurrently operating systems
and processes; and
``(13) assist in identifying and addressing unidentified or
future cybersecurity threats.
``(c) Coordination.--In carrying out this section, the
Under Secretary for Science and Technology shall coordinate
activities with--
``(1) the Director of Cybersecurity and Infrastructure
Security;
``(2) the heads of other relevant Federal departments and
agencies, as appropriate; and
``(3) industry and academia.
``(d) Transition to Practice.--The Under Secretary for
Science and Technology shall--
``(1) support projects carried out under this title through
the full life cycle of such projects, including research,
development, testing, evaluation, pilots, and transitions;
``(2) identify mature technologies that address existing or
imminent cybersecurity gaps in public or private information
systems and networks of information systems, protect
sensitive information within and outside networks of
information systems, identify and support necessary
improvements identified during pilot programs and testing and
evaluation activities, and introduce new cybersecurity
technologies throughout the homeland security enterprise
through partnerships and commercialization; and
``(3) target federally funded cybersecurity research that
demonstrates a high probability of successful transition to
the commercial market within 2 years and that is expected to
have a notable impact on the public or private information
systems and networks of information systems.
``(e) Definitions.--In this section:
``(1) Cybersecurity risk.--The term `cybersecurity risk'
has the meaning given the term in section 2209.
``(2) Homeland security enterprise.--The term `homeland
security enterprise' means relevant governmental and
nongovernmental entities involved in homeland security,
including Federal, State, local, and tribal government
officials, private sector representatives, academics, and
other policy experts.
``(3) Incident.--The term `incident' has the meaning given
the term in section 2209.

[[Page S3654]]

``(4) Information system.--The term `information system'
has the meaning given the term in section 3502 of title 44,
United States Code.
``(5) Software assurance.--The term `software assurance'
means confidence that software--
``(A) is free from vulnerabilities, either intentionally
designed into the software or accidentally inserted at any
time during the life cycle of the software; and
``(B) functioning in the intended manner.''.
(2) Clerical amendment.--The table of contents in section
1(b) of the Homeland Security Act of 2002 (Public Law 107-
296; 116 Stat. 2135), as amended by this Act, is amended by
inserting after the item relating to section 321 the
following:

``Sec. 322. Cybersecurity research and development.''.
(b) Research and Development Projects.--Section 831 of the
Homeland Security Act of 2002 (6 U.S.C. 391) is amended--
(1) in subsection (a)--
(A) in the matter preceding paragraph (1), by striking
``2017'' and inserting ``2022''; and
(B) in paragraph (2), by striking ``under section 845 of
the National Defense Authorization Act for Fiscal Year 1994
(Public Law 103-160). In applying the authorities of that
section 845, subsection (c) of that section shall apply with
respect to prototype projects under this paragraph, and the
Secretary shall perform the functions of the Secretary of
Defense under subsection (d) thereof'' and inserting ``under
section 2371b of title 10, United States Code, and the
Secretary shall perform the functions of the Secretary of
Defense as prescribed.'';
(2) in subsection (c)--
(A) in paragraph (1), in the matter preceding subparagraph
(A), by striking ``2017'' and inserting ``2022''; and
(B) by amending paragraph (2) to read as follows:
``(2) Report.--The Secretary shall annually submit to the
Committee on Homeland Security and the Committee on Science,
Space, and Technology of the House of Representatives and the
Committee on Homeland Security and Governmental Affairs of
the Senate a report detailing the projects for which the
authority granted by subsection (a) was utilized, the
rationale for such utilizations, the funds spent utilizing
such authority, the extent of cost-sharing for such projects
among Federal and non-Federal sources, the extent to which
utilization of such authority has addressed a homeland
security capability gap or threat to the homeland identified
by the Department, the total amount of payments, if any, that
were received by the Federal Government as a result of the
utilization of such authority during the period covered by
each such report, the outcome of each project for which such
authority was utilized, and the results of any audits of such
projects.'';
(3) in subsection (d), by striking ``as defined in section
845(e) of the National Defense Authorization Act for Fiscal
Year 1994 (Public Law 103-160; 10 U.S.C. 2371 note)'' and
inserting ``as defined in section 2371b(e) of title 10,
United States Code.''; and
(4) by adding at the end the following:
``(e) Training.--The Secretary shall develop a training
program for acquisitions staff on the utilization of the
authority provided under subsection (a) to ensure
accountability and effective management of projects
consistent with the Program Management Improvement
Accountability Act (Public Law 114-264; 130 Stat. 1371) and
the amendments made by such Act.''.
(c) No Additional Funds Authorized.--No additional funds
are authorized to carry out the requirements of this section
and the amendments made by this section. Such requirements
shall be carried out using amounts otherwise authorized.

SEC. 1138. CYBERSECURITY TALENT EXCHANGE.

(a) Definitions.--In this section--
(1) the term ``congressional homeland security committees''
means--
(A) the Committee on Homeland Security and Governmental
Affairs and the Committee on Appropriations of the Senate;
and
(B) the Committee on Homeland Security and the Committee on
Appropriations of the House of Representatives;
(2) the term ``Department'' means the Department of
Homeland Security; and
(3) the term ``Secretary'' means the Secretary of Homeland
Security.
(b) Cybersecurity Talent Exchange Pilot Program.--
(1) In general.--Not later than 1 year after the date of
enactment of this Act, the Secretary shall commence carrying
out a cybersecurity talent exchange pilot program.
(2) Delegation.--The Secretary may delegate any authority
under this section to the Director of the Cybersecurity and
Infrastructure Security Agency of the Department.
(c) Appointment Authority.--
(1) In general.--Under regulations prescribed by the
Secretary for the purpose of carrying out the pilot program
established under subsection (b), the Secretary may, with the
agreement of a private-sector organization and the consent of
the employee, arrange for the temporary assignment of an
employee to the private-sector organization, or from the
private-sector organization to a Department organization
under this section.
(2) Eligible employees.--Employees participating in the
pilot program established under subsection (b) shall have
significant education, skills, or experience relating to
cybersecurity.
(3) Agreements.--
(A) In general.--The Secretary shall provide for a written
agreement among the Department, the private-sector
organization, and the employee concerned regarding the terms
and conditions of the assignment of the employee under this
section, which--
(i) shall require that the employee of the Department, upon
completion of the assignment, will serve in the Department,
or elsewhere in the civil service if approved by the
Secretary, for a period equal to twice the length of the
assignment;
(ii) shall provide that if the employee of the Department
or of the private-sector organization, as the case may be,
fails to carry out the agreement, the employee shall be
liable to the United States for payment of all expenses of
the assignment, unless that failure was for good and
sufficient reason, as determined by the Secretary;
(iii) shall contain language ensuring that the employee of
the Department does not improperly use pre-decisional or
draft deliberative information that the employee may be privy
to or aware of related to Department programing, budgeting,
resourcing, acquisition, or procurement for the benefit or
advantage of the private-sector organization; and
(iv) shall cover matters relating to confidentiality,
intellectual property rights, and such other matters as the
Secretary considers appropriate.
(B) Liability.--An amount for which an employee is liable
under subparagraph (A)(ii) shall be treated as a debt due the
United States.
(C) Waiver.--The Secretary may waive, in whole or in part,
collection of a debt described in subparagraph (B) based on a
determination that the collection would be against equity and
good conscience and not in the best interests of the United
States, after taking into account any indication of fraud,
misrepresentation, fault, or lack of good faith on the part
of the employee.
(4) Termination.--An assignment under this subsection may,
at any time and for any reason, be terminated by the
Department or the private-sector organization concerned.
(5) Duration.--
(A) In general.--Except as provided in subparagraph (B), an
assignment under this subsection shall be for a period of not
less than 3 months and not more than 2 years, and renewable
up to a total of 4 years.
(B) Exception.--An assignment under this subsection may be
for a period in excess of 2 years, but not more than 4 years,
if the Secretary determines that the assignment is necessary
to meet critical mission or program requirements.
(C) Limitation.--No employee of the Department may be
assigned under this subsection for more than a total of 4
years inclusive of all assignments.
(6) Status of federal employees assigned to private-sector
organizations.--
(A) In general.--An employee of the Department who is
assigned to a private-sector organization under this
subsection shall be considered, during the period of
assignment, to be on detail to a regular work assignment in
the Department for all purposes.
(B) Written agreement.--The written agreement established
under paragraph (3) shall address the specific terms and
conditions related to the continued status of the employee as
a Federal employee.
(C) Certification.--In establishing a temporary assignment
of an employee of the Department to a private-sector
organization, the Secretary shall--
(i) ensure that the normal duties and functions of the
employee can be reasonably performed by other employees of
the Department without the transfer or reassignment of other
personnel of the Department; and
(ii) certify that the temporary assignment of the employee
shall not have an adverse or negative impact on
organizational capabilities associated with the assignment.
(7) Terms and conditions for private-sector employees.--An
employee of a private-sector organization who is assigned to
a Department organization under this subsection--
(A) shall continue to receive pay and benefits from the
private-sector organization from which the employee is
assigned and shall not receive pay or benefits from the
Department, except as provided in subparagraph (B);
(B) is deemed to be an employee of the Department for the
purposes of--
(i) chapters 73 and 81 of title 5, United States Code;
(ii) sections 201, 203, 205, 207, 208, 209, 603, 606, 607,
643, 654, 1905, and 1913 of title 18, United States Code;
(iii) sections 1343, 1344, and 1349(b) of title 31, United
States Code;
(iv) chapter 171 of title 28, United States Code (commonly
known as the ``Federal Tort Claims Act'') and any other
Federal tort liability statute;
(v) the Ethics in Government Act of 1978 (5 U.S.C. App.);
and
(vi) chapter 21 of title 41, United States Code;
(C) shall not have access to any trade secrets or to any
other nonpublic information which is of commercial value to
the private-sector organization from which the employee is
assigned;
(D) may perform work that is considered inherently
governmental in nature only when requested in writing by the
Secretary; and

[[Page S3655]]

(E) may not be used to circumvent any limitation or
restriction on the size of the workforce of the Department.
(8) Prohibition against charging certain costs to the
federal government.--A private-sector organization may not
charge the Department or any other agency of the Federal
Government, as direct or indirect costs under a Federal
contract, the costs of pay or benefits paid by the
organization to an employee assigned to a Department
organization under this subsection for the period of the
assignment.
(9) Expenses.--
(A) In general.--The Secretary may pay for travel and other
work-related expenses associated with individuals
participating in the pilot program established under
subsection (b). The Secretary shall not pay for lodging or
per diem expenses for employees of a private sector
organization, unless such expenses are in furtherance of
work-related travel other than participating in the pilot
program.
(B) Background investigation.--A private person supporting
an individual participating in the pilot program may pay for
a background investigation associated with the participation
of the individual in the pilot program.
(10) Maximum number of participants.--Not more than 250
individuals may concurrently participate in the pilot program
established under subsection (b).
(d) Detailing of Participants.--With the consent of an
individual participating in the pilot program established
under subsection (b), the Secretary may, under the pilot
program, detail the individual to another Federal department
or agency.
(e) Sunset.--The pilot program established under subsection
(b) shall terminate on the date that is 7 years after the
date of enactment of this Act.
(f) Reports.--
(1) Preliminary report.--Not later than 2 years after the
date of enactment of this Act, the Secretary shall submit to
the congressional homeland security committees a preliminary
report describing the implementation of the pilot program
established under subsection (b), including the number of
participating employees from the Department and from private
sector organizations, the departmental missions or programs
carried out by employees participating in the pilot program,
and recommendations to maximize efficiencies and the
effectiveness of the pilot program in order to support
Department cybersecurity missions and objectives.
(2) Final report.--Not later than 6 years after the date of
enactment of this Act, the Secretary shall submit to the
congressional homeland security committees a final report
describing the implementation of the pilot program
established under subsection (b), including the number of
participating employees from the Department and from private
sector organizations, the departmental missions or programs
carried out by employees participating in the pilot program,
and providing a recommendation on whether the pilot program
should be made permanent.

Subtitle C--Other Matters

SEC. 1141. PROTECTION OF PERSONALLY IDENTIFIABLE INFORMATION.

Paragraph (2) of section 431(c) of the Tariff Act of 1930
(19 U.S.C. 1431(c)) is amended to read as follows:
``(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, United States Code.
``(B) The Commissioner of U.S. Customs and Border
Protection shall ensure that any personally identifiable
information, including social security numbers, passport
numbers, and residential addresses, is removed from any
manifest signed, produced, delivered, or transmitted under
this section before the manifest is disclosed to the
public.''.

SEC. 1142. TECHNICAL AND CONFORMING AMENDMENTS.

(a) Repeal of Director of Shared Services and Office of
Counternarcotics Enforcement of Department of Homeland
Security.--
(1) Abolishment of director of shared services.--
(A) Abolishment.--The position of Director of Shared
Services of the Department of Homeland Security is abolished.
(B) Conforming amendment.--The Homeland Security Act of
2002 (6 U.S.C. 101 et seq.) is amended by striking section
475 (6 U.S.C. 295).
(C) Clerical amendment.--The table of contents in section
1(b) of the Homeland Security Act of 2002 (Public Law 107-
296; 116 Stat. 2135) is amended by striking the item relating
to section 475.
(2) Abolishment of the office of counternarcotics
enforcement.--
(A) Abolishment.--The Office of Counternarcotics
Enforcement is abolished.
(B) Conforming amendments.--The Homeland Security Act of
2002 (6 U.S.C. 101 et seq.) is amended--
(i) in subparagraph (B) of section 843(b)(1) (6 U.S.C.
413(b)(1)), by striking ``by--'' and all that follows through
the end of that subparagraph and inserting ``by the
Secretary; and''; and
(ii) by striking section 878 (6 U.S.C. 458).
(C) Clerical amendment.--The table of contents in section
1(b) of the Homeland Security Act of 2002 (Public Law 107-
296; 116 Stat. 2135) is amended by striking the item relating
to section 878.
(b) Other Technical and Conforming Amendments.--
(1) Title i.--Section 103 of the Homeland Security Act of
2002 (6 U.S.C. 113), as amended by this Act, is further
amended--
(A) in subsection (a)(1)(E), by striking ``the Bureau of''
and inserting ``United States''; and
(B) in subsection (d)(4), as redesignated by section
1117(f), by striking ``section 708'' and inserting ``section
707''.
(2) Title vii.--Title VII of the Homeland Security Act of
2002 (6 U.S.C. 341 et seq.) is amended--
(A) in subsection (c) of section 702 (6 U.S.C. 342), as
redesignated by section 1103, strike paragraph (4);
(B) by striking section 706 (6 U.S.C. 346);
(C) by redesignating sections 707, 708, and 709 as sections
706, 707, and 708, respectively; and
(D) in section 708(c)(3), as so redesignated, by striking
``section 707'' and inserting ``section 706''.
(3) Title viii.--Title VIII of the Homeland Security Act of
2002 (6 U.S.C. 361 et seq.) is amended--
(A) by striking section 857 (6 U.S.C. 427);
(B) by redesignating section 858 as section 857; and
(C) by striking section 881 (6 U.S.C. 461).
(4) Title xvi.--Section 1611(d)(1) of the Homeland Security
Act of 2002 (6 U.S.C. 563(d)(1)) is amended by striking
``section 707'' and inserting ``section 706''.
(5) Table of contents.--The table of contents in section
1(b) of the Homeland Security Act of 2002 (Public Law 107-
296; 116 Stat. 2135) is amended--
(A) by striking the items relating to sections 706 through
709 and inserting the following:

``Sec. 706. Quadrennial homeland security review.
``Sec. 707. Joint task forces.
``Sec. 708. Office of Strategy, Policy, and Plans.'';
(B) by striking the items relating to sections 857 and 858
and inserting the following:

``Sec. 857. Identification of new entrants into the Federal
marketplace.''; and
(C) by striking the item relating to section 881.

TITLE II--DEPARTMENT OF HOMELAND SECURITY ACQUISITION ACCOUNTABILITY
AND EFFICIENCY

SEC. 1201. DEFINITIONS.

(a) In General.--Section 2 of the Homeland Security Act of
2002 (6 U.S.C. 101) is amended--
(1) by redesignating paragraphs (14) through (20) as
paragraphs (28) through (34), respectively;
(2) by redesignating paragraph (13) as paragraph (26);
(3) by redesignating paragraphs (9) through (12) as
paragraphs (21) through (24), respectively;
(4) by redesignating paragraphs (4) through (8) as
paragraphs (15) through (19), respectively;
(5) by redesignating paragraphs (1), (2), and (3) as
paragraphs (7), (8), and (9), respectively;
(6) by inserting before paragraph (7), as so redesignated,
the following:
``(1) The term `acquisition' has the meaning given the term
in section 131 of title 41, United States Code.
``(2) The term `acquisition decision authority' means the
authority held by the Secretary, acting through the Under
Secretary for Management, to--
``(A) ensure compliance with Federal law, the Federal
Acquisition Regulation, and Department acquisition management
directives;
``(B) review, including approving, pausing, modifying, or
canceling, an acquisition throughout the life cycle of the
acquisition;
``(C) ensure that acquisition program managers have the
resources necessary to successfully execute an approved
acquisition program;
``(D) ensure good acquisition program management of cost,
schedule, risk, and system performance of the acquisition
program at issue, including assessing acquisition program
baseline breaches and directing any corrective action for
those breaches; and
``(E) ensure that acquisition program managers, on an
ongoing basis, monitor cost, schedule, and performance
against established baselines and use tools to assess risks
to an acquisition program at all phases of the life cycle of
the acquisition program to avoid and mitigate acquisition
program baseline breaches.
``(3) The term `acquisition decision event' means, with
respect to an acquisition program, a predetermined point
within each of the acquisition phases at which the person
exercising the acquisition decision authority determines
whether the acquisition program shall proceed to the next
phase.
``(4) The term `acquisition decision memorandum' means,
with respect to an acquisition, the official acquisition
decision event record that includes a documented record of
decisions and assigned actions for the acquisition, as
determined by the person exercising acquisition decision
authority for the acquisition.

[[Page S3656]]

``(5) The term `acquisition program' means the totality of
activities directed to accomplish specific goals and
objectives, which may--
``(A) provide new or improved capabilities in response to
approved requirements or sustain existing capabilities; and
``(B) have multiple projects to obtain specific capability
requirements or capital assets.
``(6) The term `acquisition program baseline', with respect
to an acquisition program, means a summary of the cost,
schedule, and performance parameters, expressed in standard,
measurable, quantitative terms, which must be met in order to
accomplish the goals of the program.'';
(7) by inserting after paragraph (9), as so redesignated,
the following:
``(10) The term `best practices', with respect to
acquisition, means a knowledge-based approach to capability
development that includes, at a minimum--
``(A) identifying and validating needs;
``(B) assessing alternatives to select the most appropriate
solution;
``(C) establishing requirements;
``(D) developing cost estimates and schedules that consider
the work necessary to develop, plan, support, and install a
program or solution;
``(E) identifying sources of funding that match resources
to requirements;
``(F) demonstrating technology, design, and manufacturing
maturity;
``(G) using milestones and exit criteria or specific
accomplishments that demonstrate progress;
``(H) adopting and executing standardized processes with
known success across programs;
``(I) ensuring an adequate, well-trained, and diverse
workforce that is qualified and sufficient in number to
perform necessary functions;
``(J) developing innovative, effective, and efficient
processes and strategies;
``(K) integrating risk management and mitigation techniques
for national security considerations; and
``(L) integrating the capabilities described in
subparagraphs (A) through (K) into the mission and business
operations of the Department.
``(11) The term `breach' means a failure to meet any cost,
schedule, or performance threshold specified in the most
recently approved acquisition program baseline.
``(12) The term `congressional homeland security
committees' means--
``(A) the Committee on Homeland Security of the House of
Representatives and the Committee on Homeland Security and
Governmental Affairs of the Senate; and
``(B) the Committee on Appropriations of the House of
Representatives and the Committee on Appropriations of the
Senate.
``(13) The term `Component Acquisition Executive' means the
senior acquisition official within a component who is
designated in writing by the Under Secretary for Management,
in consultation with the component head, with authority and
responsibility for leading a process and staff to provide
acquisition and program management oversight, policy, and
guidance to ensure that statutory, regulatory, and higher
level policy requirements are fulfilled, including compliance
with Federal law, the Federal Acquisition Regulation, and
Department acquisition management directives established by
the Under Secretary for Management.
``(14) The term `cost-type contract' means a contract
that--
``(A) provides for payment of allowable incurred costs, to
the extent prescribed in the contract; and
``(B) establishes an estimate of total cost for the purpose
of obligating funds and establishing a ceiling that the
contractor may not exceed, except at the risk of the
contractor, without the approval of the contracting
officer.'';
(8) by inserting after paragraph (19), as so redesignated,
the following:
``(20) The term `fixed-price contract' means a contract
that provides for a firm price or, in appropriate cases, an
adjustable price.'';
(9) by inserting after paragraph (24), as so redesignated,
the following:
``(25) The term `life cycle cost' means the total cost of
an acquisition, including all relevant costs related to
acquiring, owning, operating, maintaining, and disposing of
the system, project, service, or product over a specified
period of time.''; and
(10) by inserting after paragraph (26), as so redesignated,
the following:
``(27) The term `major acquisition program' means a
Department acquisition program that is estimated by the
Secretary or a designee of the Secretary to require an
eventual total expenditure of not less than $300,000,000
(based on fiscal year 2017 constant dollars) over the life
cycle cost of the program.''.
(b) Technical and Conforming Amendment.--Paragraph (14) of
section 501 of the Homeland Security Act of 2002 (6 U.S.C.
311), as amended by section 1451, is amended by striking
``section 2(13)(B)'' and inserting ``section 2(26)(B)''.

Subtitle A--Acquisition Authorities

SEC. 1211. ACQUISITION AUTHORITIES FOR UNDER SECRETARY FOR
MANAGEMENT OF THE DEPARTMENT OF HOMELAND
SECURITY.

Section 701 of the Homeland Security Act of 2002 (6 U.S.C.
341) is amended--
(1) in subsection (a)(2), by inserting ``and acquisition
management'' after ``Procurement'';
(2) by redesignating subsection (d), the first subsection
(e) (relating to the system for award management
consultation), and the second subsection (e) (relating to the
definition of interoperable communications) as subsections
(e), (f), and (g), respectively; and
(3) by inserting after subsection (c) the following:
``(d) Acquisition and Related Responsibilities.--
``(1) In general.--Notwithstanding subsection (a) of
section 1702 of title 41, United States Code, the Under
Secretary for Management--
``(A) is the Chief Acquisition Officer of the Department;
``(B) shall have the authorities and perform the functions
specified in subsection (b) of such section; and
``(C) shall perform all other functions and
responsibilities delegated by the Secretary or described in
this subsection.
``(2) Functions and responsibilities.--In addition to the
authorities and functions specified in section 1702(b) of
title 41, United States Code, the functions and
responsibilities of the Under Secretary for Management
related to acquisition include the following:
``(A) Advising the Secretary regarding acquisition
management activities, taking into account risks of failure
to achieve cost, schedule, or performance parameters, to
ensure that the Department achieves the mission of the
Department through the adoption of widely accepted program
management best practices and standards and, where
appropriate, acquisition innovation best practices.
``(B) Leading the acquisition oversight body of the
Department, 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 that authority to a Component Acquisition
Executive pursuant to paragraph (3).
``(C) Establishing policies for acquisition that implement
an approach that takes into account risks of failure to
achieve cost, schedule, or performance parameters that all
components of the Department shall comply with, including
outlining relevant authorities for program managers to
effectively manage acquisition programs.
``(D) Ensuring that each major acquisition program has a
Department-approved acquisition program baseline pursuant to
the acquisition management policy of the Department.
``(E) Ensuring that the heads of components and Component
Acquisition Executives comply with Federal law, the Federal
Acquisition Regulation, and Department acquisition management
directives.
``(F) Providing additional scrutiny and oversight for an
acquisition that is not a major acquisition if--
``(i) the acquisition is for a program that is important to
departmental strategic and performance plans;
``(ii) the acquisition is for a program with significant
program or policy implications; and
``(iii) the Secretary determines that the scrutiny and
oversight for the acquisition is proper and necessary.
``(G) Ensuring that grants and financial assistance are
provided only to individuals and organizations that are not
suspended or debarred.
``(H) Distributing guidance throughout the Department to
ensure that contractors involved in acquisitions,
particularly contractors that access the information systems
and technologies of the Department, adhere to relevant
Department policies related to physical and information
security as identified by the Under Secretary for Management.
``(I) Overseeing the Component Acquisition Executive
organizational structure to ensure Component Acquisition
Executives have sufficient capabilities and comply with
Department acquisition policies.
``(J) Ensuring acquisition decision memoranda adequately
document decisions made at acquisition decision events,
including the rationale for decisions made to allow programs
to deviate from the requirement to obtain approval by the
Department for certain documents at acquisition decision
events.
``(3) Delegation of acquisition decision authority.--
``(A) Level 3 acquisitions.--The Under Secretary for
Management may delegate acquisition decision authority in
writing to the relevant Component Acquisition Executive for
an acquisition program that has a life cycle cost estimate of
less than $300,000,000.
``(B) Level 2 acquisitions.--The Under Secretary for
Management may delegate acquisition decision authority in
writing to the relevant Component Acquisition Executive for a
major acquisition program that has a life cycle cost estimate
of not less than $300,000,000 but not more than
$1,000,000,000 if all of the following requirements are met:
``(i) The component concerned possesses working policies,
processes, and procedures that are consistent with
Department-level acquisition policy.
``(ii) The Component Acquisition Executive concerned has a
well-trained and experienced workforce, commensurate with the
size of the acquisition program and related activities
delegated to the Component Acquisition Executive by the Under
Secretary for Management.
``(iii) Each major acquisition concerned has written
documentation showing that the

[[Page S3657]]

acquisition has a Department-approved acquisition program
baseline and the acquisition is meeting agreed-upon cost,
schedule, and performance thresholds.
``(4) Relationship to under secretary for science and
technology.--
``(A) In general.--Nothing in this subsection shall
diminish the authority granted to the Under Secretary for
Science and Technology under this Act. The Under Secretary
for Management and the Under Secretary for Science and
Technology shall cooperate in matters related to the
coordination of acquisitions across the Department so that
investments of the Directorate of Science and Technology are
able to support current and future requirements of the
components of the Department.
``(B) Testing and evaluation acquisition support.--The
Under Secretary for Science and Technology shall--
``(i) ensure, in coordination with relevant component
heads, that all relevant acquisition programs--

``(I) complete reviews of operational requirements to
ensure the requirements are measurable, testable, and
achievable within the constraints of cost and schedule;
``(II) integrate applicable standards into development
specifications;
``(III) complete systems engineering reviews and technical
assessments during development to inform production and
deployment decisions;
``(IV) complete independent testing and evaluation of
technologies and systems;
``(V) use independent verification and validation of
operational testing and evaluation implementation and
results; and
``(VI) document whether such programs meet all performance
requirements included in their acquisition program baselines;

``(ii) ensure that such operational testing and evaluation
includes all system components and incorporates operators
into the testing to ensure that systems perform as intended
in the appropriate operational setting; and
``(iii) determine if testing conducted by other Federal
agencies and private entities is relevant and sufficient in
determining whether systems perform as intended in the
operational setting.''.

SEC. 1212. ACQUISITION AUTHORITIES FOR CHIEF FINANCIAL
OFFICER OF THE DEPARTMENT OF HOMELAND SECURITY.

Section 702(a) of the Homeland Security Act of 2002 (6
U.S.C. 342(a)) is amended--
(1) by striking ``The Chief'' and inserting the following:
``(1) Functions.--The Chief''; and
(2) by adding at the end the following:
``(2) Acquisition authorities.--The Chief Financial
Officer, in coordination with the Under Secretary for
Management, 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. ACQUISITION AUTHORITIES FOR CHIEF INFORMATION
OFFICER OF THE DEPARTMENT OF HOMELAND SECURITY.

Section 703 of the Homeland Security Act of 2002 (6 U.S.C.
343), as amended by section 1104, is amended by adding at the
end the following:
``(d) Acquisition Responsibilities.--The acquisition
responsibilities of the Chief Information Officer shall
include--
``(1) overseeing the management of the Homeland Security
Enterprise Architecture and ensuring that, before each
acquisition decision event, approved information technology
acquisitions comply with departmental information technology
management processes, technical requirements, and the
Homeland Security Enterprise Architecture, and in any case in
which information technology acquisitions do not comply with
the management directives of the Department, making
recommendations to the Acquisition Review Board regarding
that noncompliance; and
``(2) being responsible for--
``(A) providing recommendations to the Acquisition Review
Board regarding information technology programs; and
``(B) developing information technology acquisition
strategic guidance.''.

SEC. 1214. ACQUISITION AUTHORITIES FOR PROGRAM ACCOUNTABILITY
AND RISK MANAGEMENT.

(a) In General.--Title VII of the Homeland Security Act of
2002 (6 U.S.C. 341 et seq.), as amended by section 1132, is
amended by adding at the end the following:

``SEC. 716. ACQUISITION AUTHORITIES FOR PROGRAM
ACCOUNTABILITY AND RISK MANAGEMENT.

``(a) Establishment of Office.--There is in the Management
Directorate of the Department an office to be known as
`Program Accountability and Risk Management', which shall--
``(1) provide accountability, standardization, and
transparency of major acquisition programs of the Department;
and
``(2) serve as the central oversight function for all
Department acquisition programs.
``(b) Responsibilities of Executive Director.--The Program
Accountability and Risk Management shall be led by an
Executive Director to oversee the requirement under
subsection (a), who shall report directly to the Under
Secretary for Management, serve as the executive secretary
for the Acquisition Review Board, and carry out the following
responsibilities:
``(1) Monitor the performance of Department acquisition
programs between acquisition decision events to identify
problems with cost, performance, or schedule that components
may need to address to prevent cost overruns, performance
issues, or schedule delays.
``(2) Assist the Under Secretary for Management in managing
the acquisition programs and related activities of the
Department.
``(3) Conduct oversight of individual acquisition programs
to implement Department acquisition program policy,
procedures, and guidance with a priority on ensuring the data
the office collects and maintains from Department components
is accurate and reliable.
``(4) Coordinate the acquisition life cycle review process
for the Acquisition Review Board.
``(5) Advise the persons having acquisition decision
authority in making acquisition decisions consistent with all
applicable laws and in establishing lines of authority,
accountability, and responsibility for acquisition decision
making within the Department.
``(6) Support the Chief Procurement Officer in developing
strategies and specific plans for hiring, training, and
professional development in order to improve the acquisition
workforce of the Department.
``(7) In consultation with Component Acquisition
Executives--
``(A) develop standards for the designation of key
acquisition positions with major acquisition program
management offices and on the Component Acquisition Executive
support staff; and
``(B) provide requirements and support to the Chief
Procurement Officer in the planning, development, and
maintenance of the Acquisition Career Management Program of
the Department.
``(8) In the event that a certification or action of an
acquisition program manager needs review for purposes of
promotion or removal, provide input, in consultation with the
relevant Component Acquisition Executive, into the
performance evaluation of the relevant acquisition program
manager and report positive or negative experiences to the
relevant certifying authority.
``(9) Provide technical support and assistance to
Department acquisition programs and acquisition personnel and
coordinate with the Chief Procurement Officer on workforce
training and development activities.
``(c) Responsibilities of Components.--Each head of a
component shall--
``(1) comply with Federal law, the Federal Acquisition
Regulation, and Department acquisition management directives
established by the Under Secretary for Management; and
``(2) for each major acquisition program--
``(A) define baseline requirements and document changes to
such requirements, as appropriate;
``(B) develop a life cycle cost estimate that is consistent
with best practices identified by the Comptroller General of
the United States and establish a complete life cycle cost
estimate with supporting documentation, including an
acquisition program baseline;
``(C) verify each life cycle cost estimate against
independent cost estimates, and reconcile any differences;
``(D) complete a cost-benefit analysis with supporting
documentation;
``(E) develop and maintain a schedule that is consistent
with scheduling best practices as identified by the
Comptroller General of the United States, including, in
appropriate cases, an integrated master schedule; and
``(F) ensure that all acquisition program information
provided by the component is complete, accurate, timely, and
valid.

``SEC. 717. ACQUISITION DOCUMENTATION.

``(a) In General.--For each major acquisition program, the
Secretary, acting through the Under Secretary for Management,
shall require the head of a relevant component or office to--
``(1) maintain acquisition documentation that is complete,
accurate, timely, and valid, and that includes, at a
minimum--
``(A) operational requirements that are validated
consistent with departmental policy and changes to those
requirements, as appropriate;
``(B) a complete life cycle cost estimate with supporting
documentation;
``(C) verification of the life cycle cost estimate against
independent cost estimates, and reconciliation of any
differences;
``(D) a cost-benefit analysis with supporting
documentation; and
``(E) a schedule, including, as appropriate, an integrated
master schedule;
``(2) prepare cost estimates and schedules for major
acquisition programs under subparagraphs (B) and (E) of
paragraph (1) in a manner consistent with best practices as
identified by the Comptroller General of the United States;
and
``(3) submit certain acquisition documentation to the
Secretary to produce a semi-annual Acquisition Program Health
Assessment of departmental acquisitions for submission to
Congress.
``(b) Waiver.--The Secretary may waive the requirement
under subsection (a)(3) on a case-by-case basis with respect
to any major acquisition program under this section for a
fiscal year if--
``(1) the major acquisition program has not--
``(A) entered the full rate production phase in the
acquisition life cycle;

[[Page S3658]]

``(B) had a reasonable cost estimate established; and
``(C) had a system configuration defined fully; or
``(2) the major acquisition program does not meet the
definition of capital asset, as defined by the Director of
the Office of Management and Budget.
``(c) Congressional Oversight.--At the same time the budget
of the President is submitted for a fiscal year under section
1105(a) of title 31, United States Code, the Secretary shall
make information available, as applicable, to the
congressional homeland security committees regarding the
requirement described in subsection (a) in the prior fiscal
year that includes, with respect to each major acquisition
program for which the Secretary has issued a waiver under
subsection (b)--
``(1) the grounds for granting a waiver for the program;
``(2) the projected cost of the program;
``(3) the proportion of the annual acquisition budget of
each component or office attributed to the program, as
available; and
``(4) information on the significance of the program with
respect to the operations and the execution of the mission of
each component or office described in paragraph (3).''.
(b) Technical and Conforming Amendment.--The table of
contents in section 1(b) of the Homeland Security Act of 2002
(Public Law 107-296; 116 Stat. 2135), as amended by section
1132, is amended by inserting after the item relating to
section 715 the following:

``Sec. 716. Acquisition authorities for Program Accountability and Risk
Management.
``Sec. 717. Acquisition documentation.''.

SEC. 1215. ACQUISITION INNOVATION.

(a) In General.--Title VII of the Homeland Security Act of
2002 (6 U.S.C. 341 et seq.) as amended by section 1214, is
amended by adding at the end the following:

``SEC. 718. ACQUISITION INNOVATION.

``The Under Secretary for Management shall--
``(1) encourage each of the officers under the direction of
the Under Secretary for Management to promote innovation and
shall designate an individual to promote innovation;
``(2) establish an acquisition innovation lab or similar
mechanism to improve the acquisition programs, acquisition
workforce training, and existing practices of the Department
through methods identified in this section;
``(3) test emerging and established acquisition best
practices for carrying out acquisitions, consistent with
applicable laws, regulations, and Department directives, as
appropriate;
``(4) develop and distribute best practices and lessons
learned regarding acquisition innovation throughout the
Department;
``(5) establish metrics to measure the effectiveness of
acquisition innovation efforts with respect to cost,
operational efficiency of the acquisition program, including
timeframes for executing contracts, and collaboration with
the private sector, including small- and medium-sized
businesses; and
``(6) determine impacts of acquisition innovation efforts
on the private sector by--
``(A) engaging with the private sector, including small-
and medium-sized businesses, to provide information and
obtain feedback on procurement practices and acquisition
innovation efforts of the Department;
``(B) obtaining feedback from the private sector on the
impact of acquisition innovation efforts of the Department;
and
``(C) incorporating the feedback described in subparagraphs
(A) and (B), as appropriate, into future acquisition
innovation efforts of the Department.''.
(b) Technical and Conforming Amendment.--The table of
contents in section 1(b) of the Homeland Security Act of 2002
(Public Law 107-296; 116 Stat. 2135), as amended by section
1214, is amended by inserting after the item relating to
section 717 the following:

``Sec. 718. Acquisition innovation.''.
(c) Information.--
(1) Definitions.--In this subsection--
(A) the term ``congressional homeland security committees''
means--
(i) the Committee on Homeland Security of the House of
Representatives and the Committee on Homeland Security and
Governmental Affairs of the Senate; and
(ii) the Committee on Appropriations of the House of
Representatives and the Committee on Appropriations of the
Senate; and
(B) the term ``Department'' means the Department of
Homeland Security.
(2) Requirement.--Not later than 90 days after the date on
which the Secretary of Homeland Security submits the annual
budget justification for the Department for fiscal year 2020
and every fiscal year thereafter through fiscal year 2025,
the officers under the director of the Under Secretary for
Management of the Department shall provide a briefing to the
congressional homeland security committees on the activities
undertaken in the previous fiscal year in furtherance of
section 718 of the Homeland Security Act of 2002, as added by
subsection (a), which shall include:
(A) Emerging and existing acquisition best practices that
were tested within the Department during that fiscal year.
(B) Efforts to distribute best practices and lessons
learned within the Department, including through web-based
seminars, training, and forums, during that fiscal year.
(C) Metrics captured by the Department and aggregate
performance information for innovation efforts.
(D) Performance as measured by the metrics established
under paragraph (5) of such section 718.
(E) Outcomes of efforts to distribute best practices and
lessons learned within the Department, including through web-
based seminars, training, and forums.
(F) A description of outreach and engagement efforts with
the private sector and any impacts of innovative acquisition
mechanisms on the private sector, including small- and
medium-sized businesses.
(G) The criteria used to identify specific acquisition
programs or activities to be included in acquisition
innovation efforts and the outcomes of those programs or
activities.
(H) Recommendations, as necessary, to enhance acquisition
innovation in the Department.

Subtitle B--Acquisition Program Management Discipline

SEC. 1221. ACQUISITION REVIEW BOARD.

(a) In General.--Subtitle D of title VIII of the Homeland
Security Act of 2002 (6 U.S.C. 391 et seq.) is amended by
adding at the end the following:

``SEC. 836. ACQUISITION REVIEW BOARD.

``(a) In General.--The Secretary shall establish an
Acquisition Review Board (in this section referred to as the
`Board') to--
``(1) strengthen accountability and uniformity within the
Department acquisition review process;
``(2) review major acquisition programs; and
``(3) review the use of best practices.
``(b) Composition.--
``(1) Chairperson.--The Under Secretary for Management
shall serve as chairperson of the Board.
``(2) Other members.--The Secretary shall ensure
participation by other relevant Department officials.
``(c) Meetings.--
``(1) Regular meetings.--The Board shall meet regularly for
purposes of ensuring all acquisition programs proceed in a
timely fashion to achieve mission readiness.
``(2) Other meetings.--The Board shall convene--
``(A) at the discretion of the Secretary; and
``(B) at any time--
``(i) a major acquisition program--

``(I) requires authorization to proceed from one
acquisition decision event to another throughout the
acquisition life cycle;
``(II) is in breach of the approved acquisition program
baseline of the major acquisition program; or
``(III) requires additional review, as determined by the
Under Secretary for Management; or

``(ii) a non-major acquisition program requires review, as
determined by the Under Secretary for Management.
``(d) Responsibilities.--The responsibilities of the Board
are as follows:
``(1) Determine whether a proposed acquisition program has
met the requirements of phases of the acquisition life cycle
framework and is able to proceed to the next phase and
eventual full production and deployment.
``(2) Oversee whether the business strategy, resources,
management, and accountability of a proposed acquisition are
executable and are aligned to strategic initiatives.
``(3) Support the person with acquisition decision
authority for an acquisition program in determining the
appropriate direction for the acquisition at key acquisition
decision events.
``(4) Conduct reviews of acquisitions to ensure that the
acquisitions are progressing in compliance with the approved
documents for their current acquisition phases.
``(5) Review the acquisition program documents of each
major acquisition program, including the acquisition program
baseline and documentation reflecting consideration of
tradeoffs among cost, schedule, and performance objectives,
to ensure the reliability of underlying data.
``(6) Ensure that practices are adopted and implemented to
require consideration of tradeoffs among cost, schedule, and
performance objectives as part of the process for developing
requirements for major acquisition programs prior to the
initiation of the second acquisition decision event,
including, at a minimum, the following practices:
``(A) Department officials responsible for acquisition,
budget, and cost estimating functions are provided with the
appropriate opportunity to develop estimates and raise cost
and schedule matters before performance objectives are
established for capabilities when feasible.
``(B) Full consideration is given to possible trade-offs
among cost, schedule, and performance objectives for each
alternative.
``(e) Acquisition Program Baseline Report Requirement.--If
the person exercising acquisition decision authority over a
major acquisition program approves the major acquisition
program to proceed before the major acquisition program has a
Department-approved acquisition program baseline, as required
by Department policy--
``(1) the Under Secretary for Management shall create and
approve an acquisition program baseline report regarding such
approval; and
``(2) the Secretary shall--
``(A) not later than 7 days after the date on which the
acquisition decision memorandum

[[Page S3659]]

is signed, provide written notice of the decision to the
appropriate committees of Congress; and
``(B) not later than 60 days after the date on which the
acquisition decision memorandum is signed, provide the
memorandum and a briefing to the appropriate committees of
Congress.
``(f) Report.--Not later than 1 year after the date of
enactment of this section and every year thereafter through
fiscal year 2022, the Under Secretary for Management shall
provide information to the appropriate committees of Congress
on the activities of the Board for the prior fiscal year that
includes information relating to--
``(1) for each meeting of the Board, any acquisition
decision memoranda;
``(2) the results of the systematic reviews conducted under
subsection (d)(4);
``(3) the results of acquisition document reviews required
under subsection (d)(5); and
``(4) activities to ensure that practices are adopted and
implemented throughout the Department under subsection
(d)(6).''.
(b) Technical and Conforming Amendment.--The table of
contents in section 1(b) of the Homeland Security Act of 2002
(Public Law 107-296; 116 Stat. 2135) is amended by inserting
after the item relating to section 835 the following:

``Sec. 836. Acquisition Review Board.''.

SEC. 1222. DEPARTMENT LEADERSHIP COUNCILS.

(a) In General.--Subtitle H of title VIII of the Homeland
Security Act of 2002 (6 U.S.C. 451 et seq.) is amended by
adding at the end the following:

``SEC. 890B. DEPARTMENT LEADERSHIP COUNCILS.

``(a) Department Leadership Councils.--
``(1) Establishment.--The Secretary may establish
Department leadership councils as the Secretary determines
necessary to ensure coordination and improve programs and
activities of the Department.
``(2) Function.--A Department leadership council shall--
``(A) serve as a coordinating forum;
``(B) advise the Secretary and Deputy Secretary on
Department strategy, operations, and guidance;
``(C) establish policies to reduce duplication in
acquisition programs; and
``(D) consider and report on such other matters as the
Secretary or Deputy Secretary may direct.
``(3) Relationship to other forums.--The Secretary or
Deputy Secretary may delegate the authority to direct the
implementation of any decision or guidance resulting from the
action of a Department leadership council to any office,
component, coordinator, or other senior official of the
Department.
``(b) Joint Requirements Council.--
``(1) Definition of joint requirement.--In this subsection,
the term `joint requirement' means a condition or capability
of multiple operating components of the Department that is
required to be met or possessed by a system, product,
service, result, or component to satisfy a contract,
standard, specification, or other formally imposed document.
``(2) Establishment.--The Secretary shall establish within
the Department a Joint Requirements Council.
``(3) Mission.--In addition to other matters assigned to
the Joint Requirements Council by the Secretary and Deputy
Secretary, the Joint Requirements Council shall--
``(A) identify, assess, and validate joint requirements,
including existing systems and associated capability gaps, to
meet mission needs of the Department;
``(B) ensure that appropriate efficiencies are made among
life cycle cost, schedule, and performance objectives, and
procurement quantity objectives, in the establishment and
approval of joint requirements; and
``(C) make prioritized capability recommendations for the
joint requirements validated under subparagraph (A) to the
Secretary, the Deputy Secretary, or the chairperson of a
Department leadership council designated by the Secretary to
review decisions of the Joint Requirements Council.
``(4) Chairperson.--The Secretary shall appoint a
chairperson of the Joint Requirements Council, for a term of
not more than 2 years, from among senior officials of the
Department as designated by the Secretary.
``(5) Composition.--The Joint Requirements Council shall be
composed of senior officials representing components of the
Department and other senior officials as designated by the
Secretary.
``(6) Relationship to future years homeland security
program.--The Secretary shall ensure that the Future Years
Homeland Security Program required under section 874 is
consistent with the recommendations of the Joint Requirements
Council required under paragraph (3)(C), as affirmed by the
Secretary, the Deputy Secretary, or the chairperson of a
Department leadership council designated by the Secretary
under that paragraph.''.
(b) Technical and Conforming Amendment.--The table of
contents in section 1(b) of the Homeland Security Act of 2002
(Public Law 107-296; 116 Stat. 2135) is amended by inserting
after the item relating to section 890A the following:

``Sec. 890B. Department leadership councils.''.

SEC. 1223. EXCLUDED PARTY LIST SYSTEM WAIVERS.

Not later than 5 days after the date on which the Chief
Procurement Officer or Chief Financial Officer of the
Department of Homeland Security issues a waiver of the
requirement that an agency not engage in business with a
contractor or other recipient of funds listed in the System
for Award Management, or a successor system, as maintained by
the General Services Administration, the Office of
Legislative Affairs of the Department of Homeland Security
shall submit to Congress notice of such waiver and an
explanation for a finding by the Under Secretary for
Management that a compelling reason exists for issuing the
waiver.

SEC. 1224. INSPECTOR GENERAL OVERSIGHT OF SUSPENSION AND
DEBARMENT.

The Inspector General of the Department of Homeland
Security shall--
(1) conduct audits as determined necessary by the Inspector
General regarding grant and procurement awards to identify
instances in which a contract or grant was improperly awarded
to a suspended or debarred entity and whether corrective
actions were taken to prevent recurrence; and
(2) review the suspension and debarment program throughout
the Department of Homeland Security to assess whether
suspension and debarment criteria are consistently applied
throughout the Department of Homeland Security and whether
disparities exist in the application of such criteria,
particularly with respect to business size and categories.

SEC. 1225. SUSPENSION AND DEBARMENT PROGRAM AND PAST
PERFORMANCE.

(a) Definitions.--In this section--
(1) the term ``congressional homeland security committees''
has the meaning given the term in section 2 of the Homeland
Security Act of 2002, as amended by this Act;
(2) the term ``Department'' means the Department of
Homeland Security; and
(3) the term ``Secretary'' means the Secretary of Homeland
Security.
(b) Establishment.--
(1) In general.--The Secretary shall establish a suspension
and debarment program that ensures the Department and each of
the components of the Department comply with the laws,
regulations, and guidance related to the suspension,
debarment, and ineligibility of contractors.
(2) Requirements.--The program required to be established
under paragraph (1) shall include policies and processes
for--
(A) tracking, reviewing, and documenting suspension and
debarment decisions, including those related to poor
performance, fraud, national security considerations, and
other criteria determined appropriate by the Secretary;
(B) ensuring consideration of and referral for suspension,
debarment, or other necessary actions that protect the
interests of the Federal Government;
(C) managing and sharing relevant documents and information
on contractors for use across the Department;
(D) requiring timely reporting into departmental and
Government-wide databases by the suspension and debarment
officials of contractor suspensions, debarments, or
determinations of ineligibility, or other relevant
information; and
(E) issuing guidance to implement these policies and for
the timely implementation of agreed upon recommendations from
the Inspector General of the Department or the Comptroller
General of the United States.
(3) Additional requirements.--The program required to be
established under subsection (b)(1) shall--
(A) require that any referral made by a contracting
official for consideration of actions to protect the
interests of the Federal Government be evaluated by the
Suspension and Debarment Official in writing in accordance
with applicable regulations; and
(B) develop and require training for all contracting
officials of the Department on the causes for suspension and
debarment and complying with departmental and Government-wide
policies and processes.
(c) Past Performance Review.--
(1) In general.--The Chief Procurement Officer of the
Department shall require for any solicitation for a
competitive contract by a component of the Department that
the head of contracting activity for the component shall
include past performance as an evaluation factor in the
solicitation, consistent with applicable laws and regulations
and policies established by the Chief Procurement Officer.
(2) Requirements.--In carrying out the requirements of
paragraph (1), the Chief Procurement Officer shall establish
departmental policies and procedures, consistent with
applicable laws and regulations, to assess the past
performance of contractors and relevant subcontractors
(including contracts performed at the State or local level)
as part of the source selection process.
(3) Waivers.--
(A) In general.--The Chief Procurement Officer of the
Department may waive a requirement under paragraph (1) with
respect to a solicitation if the Chief Procurement Officer
determines that the waiver is in the best interest of the
Government.
(B) Notification.--Not later than 30 days after the date on
which the Chief Procurement Officer issues a waiver under
subparagraph (A), the Secretary shall submit to the
congressional homeland security committees written notice of
the waiver, which shall include a description of the reasons
for the waiver.

[[Page S3660]]

Subtitle C--Acquisition Program Management Accountability and
Transparency

SEC. 1231. CONGRESSIONAL NOTIFICATION FOR MAJOR ACQUISITION
PROGRAMS.

(a) In General.--Subtitle D of title VIII of the Homeland
Security Act of 2002 (6 U.S.C. 391 et seq.), as amended by
section 1221, is amended by adding at the end the following:

``SEC. 837. CONGRESSIONAL NOTIFICATION AND OTHER REQUIREMENTS
FOR MAJOR ACQUISITION PROGRAM BREACH.

``(a) Definition of Appropriate Committees of Congress.--In
this section, the term `appropriate committees of Congress'
means--
``(1) 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; and
``(2) in the case of notice or a report relating to the
Coast Guard or the Transportation Security Administration,
the committees described in paragraph (1) and the Committee
on Transportation and Infrastructure of the House of
Representatives and the Committee on Commerce, Science, and
Transportation of the Senate.
``(b) Requirements Within Department in Event of Breach.--
``(1) Notifications.--
``(A) Notification of breach.--If a breach occurs in a
major acquisition program, the program manager for the
program shall notify the Component Acquisition Executive for
the 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 calendar days after
the date on which the breach is identified.
``(B) Notification to secretary.--If a breach occurs in a
major acquisition program and the breach results in a cost
overrun greater than 15 percent, a schedule delay greater
than 180 days, or a failure to meet any of the performance
thresholds from the cost, schedule, or performance parameters
specified in the most recently approved acquisition program
baseline for the program, the Component Acquisition Executive
for the program shall notify the Secretary and the Inspector
General of the Department not later than 5 business days
after the date on which the Component Acquisition Executive
for the 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 under
subparagraph (A).
``(2) Remediation plan and root cause analysis.--
``(A) In general.--If a breach occurs in a major
acquisition program, the program manager for the program
shall submit in writing to the head of the component
concerned, the Executive Director of the Program
Accountability and Risk Management division, and the Under
Secretary for Management, at a date established by the Under
Secretary for Management, a remediation plan and root cause
analysis relating to the breach and program.
``(B) Remediation plan.--The remediation plan required
under subparagraph (A) shall--
``(i) explain the circumstances of the breach at issue;
``(ii) provide prior cost estimating information;
``(iii) include a root cause analysis that determines the
underlying cause or causes of shortcomings in cost, schedule,
or performance of the major acquisition program with respect
to which the breach has occurred, including the role, if any,
of--

``(I) unrealistic performance expectations;
``(II) unrealistic baseline estimates for cost or schedule
or changes in program requirements;
``(III) immature technologies or excessive manufacturing or
integration risk;
``(IV) unanticipated design, engineering, manufacturing, or
technology integration issues arising during program
performance;
``(V) changes to the scope of the program;
``(VI) inadequate program funding or changes in planned
out-year funding from one 5-year funding plan to the next 5-
year funding plan as outlined in the Future Years Homeland
Security Program required under section 874;
``(VII) legislative, legal, or regulatory changes; or
``(VIII) inadequate program management personnel, including
lack of sufficient number of staff, training, credentials,
certifications, or use of best practices;

``(iv) propose corrective action to address cost growth,
schedule delays, or performance issues;
``(v) explain the rationale for why a proposed corrective
action is recommended; and
``(vi) in coordination with the Component Acquisition
Executive for the program, discuss all options considered,
including--

``(I) the estimated impact on cost, schedule, or
performance of the program if no changes are made to current
requirements;
``(II) the estimated cost of the program if requirements
are modified; and
``(III) the extent to which funding from other programs
will need to be reduced to cover the cost growth of the
program.

``(3) Review of corrective actions.--
``(A) In general.--The Under Secretary for Management--
``(i) shall review each remediation plan required under
paragraph (2); and
``(ii) not later than 30 days after submission of a
remediation plan under paragraph (2), may approve the plan or
provide an alternative proposed corrective action.
``(B) Submission to congress.--Not later than 30 days after
the date on which the Under Secretary for Management
completes a review of a remediation plan under subparagraph
(A), the Under Secretary for Management shall submit to the
appropriate committees of Congress a copy of the remediation
plan.
``(c) Requirements Relating to Congressional Notification
if Breach Occurs.--
``(1) Notification to congress.--If a notification to the
Secretary is made under subsection (b)(1)(B) relating to a
breach in a major acquisition program, the Under Secretary
for Management shall notify the appropriate committees of
Congress of the breach in the next semi-annual Acquisition
Program Health Assessment described in section 717(a)(3)
after receipt by the Under Secretary for Management of the
notification under subsection (b)(1)(B).
``(2) Significant variances in costs or schedule.--If a
likely cost overrun is greater than 20 percent 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 required under paragraph (1) a
written certification, with supporting explanation, that--
``(A) the program is essential to the accomplishment of the
mission of the Department;
``(B) there are no alternatives to the capability or asset
provided by the program that will provide equal or greater
capability in a more cost-effective and timely manner;
``(C) the management structure for the program is adequate
to manage and control cost, schedule, and performance; and
``(D) includes the date on which the new acquisition
schedule and estimates for total acquisition cost will be
completed.''.
(b) Technical and Conforming Amendment.--The table of
contents in section 1(b) of the Homeland Security Act of 2002
(Public Law 107-296; 116 Stat. 2135), as amended by section
1221, is amended by inserting after the item relating to
section 836 the following:

``Sec. 837. Congressional notification and other requirements for major
acquisition program breach.''.

SEC. 1232. MULTIYEAR ACQUISITION STRATEGY.

(a) In General.--Subtitle D of title VIII of the Homeland
Security Act of 2002 (6 U.S.C. 391 et seq.), as amended by
section 1231, is amended by adding at the end the following:

``SEC. 838. MULTIYEAR ACQUISITION STRATEGY.

``(a) In General.--Not later than 1 year after the date of
enactment of this section, the Under Secretary for Management
shall brief the appropriate congressional committees on a
multiyear acquisition strategy to--
``(1) guide the overall direction of the acquisitions of
the Department while allowing flexibility to deal with ever-
changing threats and risks;
``(2) keep pace with changes in technology that could
impact deliverables; and
``(3) help industry better understand, plan, and align
resources to meet the future acquisition needs of the
Department.
``(b) Updates.--The strategy required under subsection (a)
shall be updated and included in each Future Years Homeland
Security Program required under section 874.
``(c) Consultation.--In developing the strategy required
under subsection (a), the Secretary shall, as the Secretary
determines appropriate, consult with headquarters,
components, employees in the field, and individuals from
industry and the academic community.''.
(b) Technical and Conforming Amendment.--The table of
contents in section 1(b) of the Homeland Security Act of 2002
(Public Law 107-296; 116 Stat. 2135), as amended by section
1231, is amended by inserting after the item relating to
section 837 the following:

``Sec. 838. Multiyear acquisition strategy.''.

SEC. 1233. REPORT ON BID PROTESTS.

(a) Definitions.--In this section--
(1) the term ``appropriate committees of Congress'' has the
meaning given the term in section 837(a) of the Homeland
Security Act of 2002, as added by section 1231(a); and
(2) the term ``Department'' means the Department of
Homeland Security.
(b) Study and Report.--Not later than 1 year after the date
of enactment of this Act, the Inspector General of the
Department shall conduct a study, in consultation with the
Government Accountability Office when necessary, and submit
to the appropriate committees of Congress a report on the
prevalence and impact of bid protests on the acquisition
process of the Department, in particular bid protests filed
with the Government Accountability Office and the United
States Court of Federal Claims.
(c) Contents.--The report required under subsection (b)
shall include--
(1) with respect to contracts with the Department--
(A) trends in the number of bid protests filed with Federal
agencies, the Government Accountability Office, and Federal
courts and the rate of those bid protests compared to
contract obligations and the number of contracts;
(B) an analysis of bid protests filed by incumbent
contractors, including the rate at which those contractors
are awarded bridge contracts or contract extensions over the
period during which the bid protest remains unresolved;

[[Page S3661]]

(C) a comparison of the number of bid protests and the
outcome of bid protests for--
(i) awards of contracts compared to awards of task or
delivery orders;
(ii) contracts or orders primarily for products compared to
contracts or orders primarily for services;
(iii) protests filed pre-award to challenge the
solicitation compared to those filed post-award;
(iv) contracts or awards with single protestors compared to
multiple protestors; and
(v) contracts with single awards compared to multiple award
contracts;
(D) a description of trends in the number of bid protests
filed as a percentage of contracts and as a percentage of
task or delivery orders by the value of the contract or order
with respect to--
(i) contracts valued at more than $300,000,000;
(ii) contracts valued at not less than $50,000,000 and not
more than $300,000,000;
(iii) contracts valued at not less than $10,000,000 and not
more than $50,000,000; and
(iv) contracts valued at less than $10,000,000;
(E) an assessment of the cost and schedule impact of
successful and unsuccessful bid protests, as well as
delineation of litigation costs, filed on major acquisitions
with more than $100,000,000 in annual expenditures or
$300,000,000 in life cycle costs;
(F) an analysis of how often bid protestors are awarded the
contract that was the subject of the bid protest;
(G) a summary of the results of bid protests in which the
Department took unilateral corrective action, including the
average time for remedial action to be completed;
(H) the time it takes the Department to implement
corrective actions after a ruling or decision with respect to
a bid protest, and the percentage of those corrective actions
that are subsequently protested, including the outcome of any
subsequent bid protest;
(I) an analysis of those contracts with respect to which a
company files a bid protest and later files a subsequent bid
protest; and
(J) an assessment of the overall time spent on preventing
and responding to bid protests as it relates to the
procurement process; and
(2) any recommendations by the Inspector General of the
Department relating to the study conducted under this
section.

SEC. 1234. PROHIBITION AND LIMITATIONS ON USE OF COST-PLUS
CONTRACTS.

(a) Definitions.--In this section--
(1) the term ``Department'' means the Department of
Homeland Security; and
(2) the term ``major acquisition program'' has the meaning
given the term in section 2 of the Homeland Security Act of
2002 (6 U.S.C. 101), as amended by this Act.
(b) Prohibition.--Not later than 120 days after the date of
enactment of this Act, the Secretary of Homeland Security
shall modify the acquisition regulations of the Department to
prohibit the use of cost-type contracts, unless the head of
contracting activity determines in writing that--
(1) a cost-type contract is required by the level of
program risk; and
(2) appropriate steps will be taken as soon as practicable
to reduce that risk so that follow-on contracts for the same
product or service can be awarded on a fixed-price basis, and
delineates those steps in writing.
(c) Major Acquisition Programs.--
(1) Prohibition.--The Department shall prohibit the use of
cost-plus contracts with respect to procurements for the
production of major acquisition programs.
(2) Limitation on authorizing of cost-type contracts.--The
Chief Procurement Officer of the Department, in consultation
with the Acquisition Review Board required to be established
under section 836 of the Homeland Security Act of 2002, as
added by section 1221(a), may authorize the use of a cost-
type contract for a major acquisition program only upon a
written determination that--
(A) the major acquisition program is so complex and
technically challenging that it is not practicable to use a
contract type other than a cost-plus reimbursable contract
for the development of the major acquisition program;
(B) all reasonable efforts have been made to define the
requirements sufficiently to allow for the use of a contract
type other than a cost-plus reimbursable contract for the
development of the major acquisition program; and
(C) despite the efforts described in subparagraph (B), the
Department cannot define requirements sufficiently to allow
for the use of a contract type other than a cost-plus
reimbursable contract for the development of the major
acquisition program.

SEC. 1235. BRIDGE CONTRACTS.

(a) Definitions.--In this section--
(1) the terms ``acquisition program'' and ``congressional
homeland security committees'' have the meanings given those
terms in section 2 of the Homeland Security Act of 2002, as
amended by this Act;
(2) the term ``Department'' means the Department of
Homeland Security; and
(3) the term ``Executive agency'' has the meaning given the
term in section 105 of title 5, United States Code.
(b) Policies and Procedures.--The Chief Procurement Officer
of the Department shall develop, in consultation with the
Office of Federal Procurement Policy--
(1) a common definition of a bridge contract; and
(2) policies and procedures for the Department that, to the
greatest extent practicable, seek to--
(A) minimize the use of bridge contracts while providing
for continuation of services to be performed through
contracts; and
(B) ensure appropriate planning by contracting officials.
(c) Required Elements.--The policies and procedures
developed under subsection (b) shall include the following
elements:
(1) Sufficient time and planning to review contract
requirements, compete contracts as appropriate, enter into
contracts, and consider the possibility of bid protests.
(2) For contracts that do not meet timeliness standards or
that require entering into bridge contracts, contracting
officials shall notify the Chief Procurement Officer of the
Department and the head of the component agency of the
Department.
(3) The Chief Procurement Officer of the Department shall
approve any bridge contract that lasts longer than 6 months,
and the head of the component agency of the Department shall
approve any bridge contract that lasts longer than 1 year.
(d) Public Notice.--The Chief Procurement Officer of the
Department shall provide public notice not later than 30 days
after entering into a bridge contract, which shall include
the notice required under subsection (c)(2) to the extent
that information is available.
(e) Exceptions.--The policies and procedures developed
under subsection (b) shall not apply to--
(1) service contracts in support of contingency operations,
humanitarian assistance, or disaster relief;
(2) service contracts in support of national security
emergencies declared with respect to named operations; or
(3) service contracts entered into pursuant to
international agreements.
(f) Reports.--Not later than September 30, 2020, and by
September 30 of each subsequent year thereafter until 2025,
the Chief Procurement Officer of the Department shall submit
to the congressional homeland security committees and make
publicly available on the website of the Department a report
on the use of bridge contracts for all acquisition programs,
which shall include--
(1) a common definition for a bridge contract, if in
existence, that is used by contracting offices of Executive
agencies;
(2) the total number of bridge contracts entered into
during the previous fiscal year;
(3) the estimated value of each contract that required the
use of a bridge contract and the cost of each such bridge
contract;
(4) the reasons for and cost of each bridge contract;
(5) the types of services or goods being acquired under
each bridge contract;
(6) the length of the initial contract that required the
use of a bridge contract, including the base and any
exercised option years, and the cumulative length of any
bridge contract or contracts related to the initial contract;
(7) a description of how many of the contracts that
required bridge contracts were the result of bid protests;
(8) a description of existing statutory, regulatory, or
agency guidance that the Department followed to execute each
bridge contract; and
(9) any other matters determined to be relevant by the
Chief Procurement Officer of the Department.

SEC. 1236. ACQUISITION REPORTS.

(a) In General.--Subtitle D of title VIII of the Homeland
Security Act of 2002 (6 U.S.C. 391 et seq.), as amended by
section 1232, is amended by adding at the end the following:

``SEC. 839. ACQUISITION POLICIES AND GUIDANCE.

``(a) Program Accountability Report.--The Under Secretary
for Management shall prepare and submit to the congressional
homeland security committees a semi-annual program
accountability report to meet the mandate of the Department
to perform program health assessments and improve program
execution and governance.
``(b) Level 3 Acquisition Programs of Components of the
Department.--
``(1) Identification.--Not later than 60 days after the
date of enactment of this section, component heads of the
Department shall identify to the Under Secretary for
Management all level 3 acquisition programs of each
respective component.
``(2) Certification.--Not later than 30 days after receipt
of the information under paragraph (1), the Under Secretary
for Management shall certify in writing to the congressional
homeland security committees whether the heads of the
components of the Department have properly identified the
programs described in that paragraph.
``(3) Methodology.--To carry out this subsection, the Under
Secretary shall establish a process with a repeatable
methodology to continually identify level 3 acquisition
programs.
``(c) Policies and Guidance.--
``(1) Submission.--Not later than 180 days after the date
of enactment of this section, the Component Acquisition
Executives shall submit to the Under Secretary for Management
the policies and relevant guidance for the level 3
acquisition programs of each component.
``(2) Certification.--Not later than 90 days after receipt
of the policies and guidance under subparagraph (A), the
Under Secretary shall certify in writing to the congressional
homeland security committees that the policies and guidance
of each component adhere to Department-wide acquisition
policies.''.

[[Page S3662]]

(b) Technical and Conforming Amendment.--The table of
contents in section 1(b) of the Homeland Security Act of 2002
(Public Law 107-296; 116 Stat. 2135), as amended by section
1232, is amended by inserting after the item relating to
section 838 the following:

``Sec. 839. Acquisition policies and guidance.''.

TITLE III--INTELLIGENCE AND INFORMATION SHARING

Subtitle A--Department of Homeland Security Intelligence Enterprise

SEC. 1301. HOMELAND INTELLIGENCE DOCTRINE.

(a) In General.--Subtitle A of title II of the Homeland
Security Act of 2002 (6 U.S.C. 121 et seq.), as amended by
section 1601(g) of this Act, is amended by adding at the end
the following new section:

``SEC. 210F. HOMELAND INTELLIGENCE DOCTRINE.

``(a) In General.--Not later than 180 days after the date
of the enactment of this section, the Secretary, acting
through the Chief Intelligence Officer of the Department, in
coordination with intelligence components of the Department,
the Office of the General Counsel, the Privacy Office, and
the Office for Civil Rights and Civil Liberties, shall
develop and disseminate written Department-wide guidance for
the processing, analysis, production, and dissemination of
homeland security information (as such term is defined in
section 892) and terrorism information (as such term is
defined in section 1016 of the Intelligence Reform and
Terrorism Prevention Act of 2004 (6 U.S.C. 485)).
``(b) Contents.--The guidance required under subsection (a)
shall, at a minimum, include the following:
``(1) A description of guiding principles and purposes of
the Department's intelligence enterprise.
``(2) A summary of the roles and responsibilities, if any,
of each intelligence component of the Department and programs
of the intelligence components of the Department in the
processing, analysis, production, and dissemination of
homeland security information and terrorism information,
including relevant authorities and restrictions applicable to
each intelligence component of the Department and programs of
each such intelligence component.
``(3) Guidance for the processing, analysis, and production
of such information, including descriptions of component or
program specific datasets that facilitate the processing,
analysis, and production.
``(4) Guidance for the dissemination of such information,
including within the Department, among and between Federal
departments and agencies, among and between State, local,
tribal, and territorial governments, including law
enforcement agencies, and with foreign partners and the
private sector.
``(5) A statement of intent regarding how the dissemination
of homeland security information and terrorism information to
the intelligence community (as such term is defined in
section 3(4) of the National Security Act of 1947 (50 U.S.C.
3003(4))) and Federal law enforcement agencies should assist
the intelligence community and Federal law enforcement
agencies in carrying out their respective missions.
``(6) A statement of intent regarding how the dissemination
of homeland security information and terrorism information to
State, local, tribal, and territorial government agencies,
including law enforcement agencies, should assist the
agencies in carrying out their respective missions.
``(c) Form.--The guidance required under subsection (a)
shall be disseminated in unclassified form, but may include a
classified annex.
``(d) Annual Review.--For each of the 5 fiscal years
beginning with the first fiscal year that begins after the
date of the enactment of this section, the Secretary shall
conduct a review of the guidance required under subsection
(a) and, as appropriate, revise such guidance.''.
(b) Clerical Amendment.--The table of contents in section
1(b) of the Homeland Security Act of 2002 (Public Law 107-
296; 116 Stat. 2135), as amended by section 1601(i) of this
Act, is amended by inserting after the item relating to
section 210E the following new item:

``Sec. 210F. Homeland intelligence doctrine.''.

SEC. 1302. PERSONNEL FOR THE CHIEF INTELLIGENCE OFFICER.

Section 201(e)(1) of the Homeland Security Act of 2002 (6
U.S.C. 121(e)(1)) is amended by adding at the end the
following: ``The Secretary shall also provide the Chief
Intelligence Officer with a staff having appropriate
component intelligence program expertise and experience to
assist the Chief Intelligence Officer.''.

SEC. 1303. ANNUAL HOMELAND TERRORIST THREAT ASSESSMENTS.

(a) In General.--Subtitle A of title II of the Homeland
Security Act of 2002 (6 U.S.C. 121 et seq.), as amended by
this Act, is further amended by adding at the end the
following new sections:

``SEC. 210G. HOMELAND TERRORIST THREAT ASSESSMENTS.

``(a) In General.--Not later than 180 days after the date
of the enactment of this section and for each of the
following 5 fiscal years (beginning in the first fiscal year
that begins after the date of the enactment of this section),
the Secretary, acting through the Under Secretary for
Intelligence and Analysis, and using departmental
information, including component information coordinated with
each intelligence component of the Department and programs of
each such intelligence component, and information provided
through State and major urban area fusion centers, shall
conduct an assessment of the terrorist threat to the
homeland.
``(b) Contents.--Each assessment under subsection (a) shall
include the following:
``(1) Empirical data assessing terrorist activities and
incidents over time in the United States, including terrorist
activities and incidents planned or supported by foreign or
domestic terrorists or persons outside of the United States
to occur in the homeland.
``(2) An evaluation of current terrorist tactics, as well
as ongoing and possible future changes in terrorist tactics.
``(3) An assessment of criminal activity encountered or
observed by officers or employees of components which is
suspected of financing terrorist activity.
``(4) Detailed information on all individuals suspected of
involvement in terrorist activity and subsequently--
``(A) prosecuted for a Federal criminal offense, including
details of the criminal charges involved;
``(B) placed into removal proceedings, including details of
the removal processes and charges used;
``(C) denied entry into the United States, including
details of the denial processes used; or
``(D) subjected to civil proceedings for revocation of
naturalization.
``(5) The efficacy and reach of foreign and domestic
terrorist organization propaganda, messaging, or recruitment,
including details of any specific propaganda, messaging, or
recruitment that contributed to terrorist activities
identified pursuant to paragraph (1).
``(6) An assessment of threats, including cyber threats, to
the homeland, including to critical infrastructure and
Federal civilian networks.
``(7) An assessment of current and potential terrorism and
criminal threats posed by individuals and organized groups
seeking to unlawfully enter the United States.
``(8) An assessment of threats to the transportation
sector, including surface and aviation transportation
systems.
``(c) Additional Information.--The assessments required
under subsection (a)--
``(1) shall, to the extent practicable, utilize existing
component data collected and existing component threat
assessments; and
``(2) may incorporate relevant information and analysis
from other agencies of the Federal Government, agencies of
State and local governments (including law enforcement
agencies), as well as the private sector, disseminated in
accordance with standard information sharing procedures and
policies.
``(d) Form.--The assessments required under subsection (a)
shall be shared with the appropriate congressional committees
and submitted in unclassified form, but may include separate
classified annexes, if appropriate.

``SEC. 210H. REPORT ON TERRORISM PREVENTION ACTIVITIES OF THE
DEPARTMENT.

``(a) Annual Report.--Not later than 1 year after the date
of enactment of this section, and annually thereafter, the
Secretary shall submit to Congress an annual report that
shall include the following:
``(1) A description of the status of the programs and
policies of the Department for countering violent extremism
and similar activities in the United States.
``(2) A description of the efforts of the Department to
cooperate with and provide assistance to other Federal
departments and agencies.
``(3) Qualitative and quantitative metrics for evaluating
the success of the programs and policies described in
paragraph (1) and the steps taken to evaluate the success of
those programs and policies.
``(4) An accounting of--
``(A) grants and cooperative agreements awarded by the
Department to counter violent extremism; and
``(B) all training specifically aimed at countering violent
extremism sponsored by the Department.
``(5) In coordination with the Under Secretary for
Intelligence and Analysis, an analysis of how the activities
of the Department to counter violent extremism correspond and
adapt to the threat environment.
``(6) A summary of how civil rights and civil liberties are
protected in the activities of the Department to counter
violent extremism.
``(7) An evaluation of the use of grants and cooperative
agreements awarded under sections 2003 and 2004 to support
efforts of local communities in the United States to counter
violent extremism, including information on the effectiveness
of those grants and cooperative agreements in countering
violent extremism.
``(8) A description of how the Department incorporated
lessons learned from the countering violent extremism
programs and policies and similar activities of foreign,
State, local, tribal, and territorial governments and
stakeholder communities.
``(9) A description of the decision process used by the
Department to rename or refocus the entities within the
Department that are focused on the issues described in this
subsection, including a description of the threat basis for
that decision.

[[Page S3663]]

``(b) Annual Review.--Not later than 1 year after the date
of enactment of this section, and annually thereafter, the
Office for Civil Rights and Civil Liberties of the Department
shall--
``(1) conduct a review of the countering violent extremism
and similar activities of the Department to ensure that all
such activities of the Department respect the privacy, civil
rights, and civil liberties of all persons; and
``(2) make publicly available on the website of the
Department a report containing the results of the review
conducted under paragraph (1).''.
(b) Conforming Amendments.--The Homeland Security Act of
2002 (6 U.S.C. 101 et seq.) is amended--
(1) in section 201(d) (6 U.S.C. 121(d)), by adding at the
end the following:
``(27) To carry out section 210G (relating to homeland
terrorist threat assessments) and section 210H (relating to
terrorism prevention activities).''; and
(2) in section 2008(b)(1) (6 U.S.C. 609(b)(1))--
(A) in subparagraph (A), by striking ``or'' at the end;
(B) in subparagraph (B), by striking the period at the end
and inserting ``; or''; and
(C) by adding at the end the following:
``(C) to support any organization or group which has
knowingly or recklessly funded domestic terrorism or
international terrorism (as those terms are defined in
section 2331 of title 18, United States Code) or organization
or group known to engage in or recruit to such activities, as
determined by the Secretary in consultation with the
Administrator, the Under Secretary for Intelligence and
Analysis, and the heads of other appropriate Federal
departments and agencies.''.
(c) Clerical Amendment.--The table of contents in section
1(b) of the Homeland Security Act of 2002 (Public Law 107-
296; 116 Stat. 2135), as amended by section 1301, is amended
by inserting after the item relating to section 210F the
following:

``Sec. 210G. Homeland terrorist threat assessments.
``Sec. 210H. Report on terrorism prevention activities of the
Department.''.
(d) Sunset.--Effective on the date that is 5 years after
the date of enactment of this Act--
(1) section 210H of the Homeland Security Act of 2002, as
added by subsection (a), is repealed; and
(2) the table of contents in section 1(b) of the Homeland
Security Act of 2002 (Public Law 107-296; 116 Stat. 2135) is
amended by striking the item relating to section 210H.

SEC. 1304. DEPARTMENT OF HOMELAND SECURITY DATA FRAMEWORK.

(a) In General.--
(1) Development.--The Secretary of Homeland Security shall
develop a data framework to integrate existing Department of
Homeland Security datasets and systems, as appropriate, for
access by authorized personnel in a manner consistent with
relevant legal authorities and privacy, civil rights, and
civil liberties policies and protections.
(2) Requirements.--In developing the framework required
under paragraph (1), the Secretary of Homeland Security shall
ensure, in accordance with all applicable statutory and
regulatory requirements, the following information is
included:
(A) All information acquired, held, or obtained by an
office or component of the Department of Homeland Security
that falls within the scope of the information sharing
environment, including homeland security information,
terrorism information, weapons of mass destruction
information, and national intelligence.
(B) Any information or intelligence relevant to priority
mission needs and capability requirements of the homeland
security enterprise, as determined appropriate by the
Secretary.
(b) Data Framework Access.--
(1) In general.--The Secretary of Homeland Security shall
ensure that the data framework required under this section is
accessible to employees of the Department of Homeland
Security who the Secretary determines--
(A) have an appropriate security clearance;
(B) are assigned to perform a function that requires access
to information in such framework; and
(C) are trained in applicable standards for safeguarding
and using such information.
(2) Guidance.--The Secretary of Homeland Security shall--
(A) issue guidance for Department of Homeland Security
employees authorized to access and contribute to the data
framework pursuant to paragraph (1); and
(B) ensure that such guidance enforces a duty to share
between offices and components of the Department when
accessing or contributing to such framework for mission
needs.
(3) Efficiency.--The Secretary of Homeland Security shall
promulgate data standards and instruct components of the
Department of Homeland Security to make available information
through the data framework required under this section in a
machine-readable standard format, to the greatest extent
practicable.
(c) Exclusion of Information.--The Secretary of Homeland
Security may exclude information from the data framework if
the Secretary determines inclusion of such information may--
(1) jeopardize the protection of sources, methods, or
activities;
(2) compromise a criminal or national security
investigation;
(3) be inconsistent with other Federal laws or regulations;
or
(4) be duplicative or not serve an operational purpose if
included in such framework.
(d) Safeguards.--The Secretary of Homeland Security shall
incorporate into the data framework required under this
section systems capabilities for auditing and ensuring the
security of information included in such framework. Such
capabilities shall include the following:
(1) Mechanisms for identifying insider threats.
(2) Mechanisms for identifying security risks.
(3) Safeguards for privacy, civil rights, and civil
liberties.
(e) Deadline for Implementation.--Not later than 2 years
after the date of the enactment of this Act, the Secretary of
Homeland Security shall ensure the data framework required
under this section has the ability to include the information
described in subsection (a).
(f) Notice to Congress.--
(1) Status updates.--The Secretary of Homeland Security
shall submit to the appropriate congressional committees
regular updates on the status of the data framework until
such framework is fully operational.
(2) Operational notification.--Not later than 60 days after
the date on which the data framework required under this
section is fully operational, the Secretary of Homeland
Security shall provide notice to the appropriate
congressional committees that the data framework is fully
operational.
(3) Value added.--The Secretary of Homeland Security shall
include in each assessment required under section 210G(a) of
the Homeland Security Act of 2002, as added by this Act, if
applicable, a description of the use of the data framework
required under this section to support operations that
disrupt terrorist activities and incidents in the homeland.
(g) Definitions.--In this section:
(1) Appropriate congressional committee.--The term
``appropriate congressional committee''--
(A) has the meaning given the term in section 2 of the
Homeland Security Act of 2002 (6 U.S.C. 101); and
(B) includes the Select Committee on Intelligence of the
Senate and the Permanent Select Committee on Intelligence of
the House of Representatives.
(2) Homeland.--The term ``homeland'' has the meaning given
the term in section 2 of the Homeland Security Act of 2002 (6
U.S.C. 101).
(3) Homeland security information.--The term ``homeland
security information'' has the meaning given such term in
section 892 of the Homeland Security Act of 2002 (6 U.S.C.
482).
(4) Insider threat.--The term ``insider threat'' has the
meaning given such term in section 104 of the Homeland
Security Act of 2002, as added by section 1305.
(5) National intelligence.--The term ``national
intelligence'' has the meaning given such term in section
3(5) of the National Security Act of 1947 (50 U.S.C.
3003(5)).
(6) Terrorism information.--The term ``terrorism
information'' has the meaning given such term in section 1016
of the Intelligence Reform and Terrorism Prevention Act of
2004 (6 U.S.C. 485).

SEC. 1305. ESTABLISHMENT OF INSIDER THREAT PROGRAM.

(a) In General.--Title I of the Homeland Security Act of
2002 (6 U.S.C. 111 et seq.) is amended by adding at the end
the following:

``SEC. 104. INSIDER THREAT PROGRAM.

``(a) Establishment.--The Secretary shall establish an
Insider Threat Program within the Department, which shall--
``(1) provide training and education for employees of the
Department to identify, prevent, mitigate, and respond to
insider threat risks to the Department's critical assets;
``(2) provide investigative support regarding potential
insider threats that may pose a risk to the Department's
critical assets; and
``(3) conduct risk mitigation activities for insider
threats.
``(b) Steering Committee.--
``(1) In general.--
``(A) Establishment.--The Secretary shall establish a
Steering Committee within the Department.
``(B) Membership.--The membership of the Steering Committee
shall be as follows:
``(i) The Under Secretary for Management and the Under
Secretary for Intelligence and Analysis shall serve as the
Co-Chairpersons of the Steering Committee.
``(ii) The Chief Security Officer, as the designated Senior
Insider Threat Official, shall serve as the Vice Chairperson
of the Steering Committee.
``(iii) The other members of the Steering Committee shall
be comprised of representatives of--

``(I) the Office of Intelligence and Analysis;
``(II) the Office of the Chief Information Officer;
``(III) the Office of the General Counsel;
``(IV) the Office for Civil Rights and Civil Liberties;
``(V) the Privacy Office;
``(VI) the Office of the Chief Human Capital Officer;
``(VII) the Office of the Chief Financial Officer;
``(VIII) the Federal Protective Service;
``(IX) the Office of the Chief Procurement Officer;
``(X) the Science and Technology Directorate; and

[[Page S3664]]

``(XI) other components or offices of the Department as
appropriate.

``(C) Meetings.--The members of the Steering Committee
shall meet on a regular basis to discuss cases and issues
related to insider threats to the Department's critical
assets, in accordance with subsection (a).
``(2) Responsibilities.--Not later than 1 year after the
date of the enactment of this section, the Under Secretary
for Management, the Under Secretary for Intelligence and
Analysis, and the Chief Security Officer, in coordination
with the Steering Committee, shall--
``(A) develop a holistic strategy for Department-wide
efforts to identify, prevent, mitigate, and respond to
insider threats to the Department's critical assets;
``(B) develop a plan to implement the insider threat
measures identified in the strategy developed under
subparagraph (A) across the components and offices of the
Department;
``(C) document insider threat policies and controls;
``(D) conduct a baseline risk assessment of insider threats
posed to the Department's critical assets;
``(E) examine programmatic and technology best practices
adopted by the Federal Government, industry, and research
institutions to implement solutions that are validated and
cost-effective;
``(F) develop a timeline for deploying workplace monitoring
technologies, employee awareness campaigns, and education and
training programs related to identifying, preventing,
mitigating, and responding to potential insider threats to
the Department's critical assets;
``(G) consult with the Under Secretary for Science and
Technology and other appropriate stakeholders to ensure the
Insider Threat Program is informed, on an ongoing basis, by
current information regarding threats, best practices, and
available technology; and
``(H) develop, collect, and report metrics on the
effectiveness of the Department's insider threat mitigation
efforts.
``(c) Preservation of Merit System Rights.--
``(1) In general.--The Steering Committee shall not seek
to, and the authorities provided under this section shall not
be used to, deter, detect, or mitigate disclosures of
information by Government employees or contractors that are
lawful under and protected by section 17(d)(5) of the Central
Intelligence Agency Act of 1949 (50 U.S.C. 3517(d)(5))
(commonly known as the `Intelligence Community Whistleblower
Protection Act of 1998'), chapter 12 or 23 of title 5, United
States Code, the Inspector General Act of 1978 (5 U.S.C.
App.), or any other whistleblower statute, regulation, or
policy.
``(2) Implementation.--
``(A) In general.--Any activity carried out under this
section shall be subject to section 115 of the Whistleblower
Protection Enhancement Act of 2012 (5 U.S.C. 2302 note).
``(B) Required statement.--Any activity to implement or
enforce any insider threat activity or authority under this
section or Executive Order 13587 (50 U.S.C. 3161 note) shall
include the statement required by section 115 of the
Whistleblower Protection Enhancement Act of 2012 (5 U.S.C.
2302 note) that preserves rights under whistleblower laws and
section 7211 of title 5, United States Code, protecting
communications with Congress.
``(d) Definitions.--In this section:
``(1) Critical assets.--The term `critical assets' means
the resources, including personnel, facilities, information,
equipment, networks, or systems necessary for the Department
to fulfill its mission.
``(2) Employee.--The term `employee' has the meaning given
the term in section 2105 of title 5, United States Code.
``(3) Insider.--The term `insider' means--
``(A) any person who has or had authorized access to
Department facilities, information, equipment, networks, or
systems and is employed by, detailed to, or assigned to the
Department, including members of the Armed Forces, experts or
consultants to the Department, industrial or commercial
contractors, licensees, certificate holders, or grantees of
the Department, including all subcontractors, personal
services contractors, or any other category of person who
acts for or on behalf of the Department, as determined by the
Secretary; or
``(B) State, local, tribal, territorial, and private sector
personnel who possess security clearances granted by the
Department.
``(4) Insider threat.--The term `insider threat' means the
threat that an insider will use his or her authorized access,
wittingly or unwittingly, to do harm to the security of the
United States, including damage to the United States through
espionage, terrorism, the unauthorized disclosure of
classified national security information, or through the loss
or degradation of departmental resources or capabilities.
``(5) Steering committee.--The term `Steering Committee'
means the Steering Committee established under subsection
(b)(1)(A).''.
(b) Report.--
(1) In general.--Not later than 2 years after the date of
the enactment of this Act, and once every 2 years thereafter
for the following 4-year period, the Secretary of Homeland
Security shall submit to the Committee on Homeland Security
and the Permanent Select Committee on Intelligence of the
House of Representatives and the Committee on Homeland
Security and Governmental Affairs and the Select Committee on
Intelligence of the Senate a report on--
(A) how the Department of Homeland Security, including the
components and offices of the Department of Homeland
Security, have implemented the strategy developed under
section 104(b)(2)(A) of the Homeland Security Act of 2002, as
added by this Act;
(B) the status of the risk assessment of critical assets
being conducted by the Department of Homeland Security;
(C) the types of insider threat training conducted;
(D) the number of employees of the Department of Homeland
Security who have received insider threat training; and
(E) information on the effectiveness of the Insider Threat
Program (established under section 104(a) of the Homeland
Security Act of 2002, as added by this Act), based on metrics
developed, collected, and reported pursuant to subsection
(b)(2)(H) of such section 104.
(2) Definitions.--In this subsection, the terms ``critical
assets'', ``insider'', and ``insider threat'' have the
meanings given the terms in section 104 of the Homeland
Security Act of 2002 (as added by this Act).
(c) Clerical Amendment.--The table of contents in section
1(b) of the Homeland Security Act of 2002 (Public Law 107-
296; 116 Stat. 2135) is amended by inserting after the item
relating to section 103 the following:

``Sec. 104. Insider Threat Program.''.

SEC. 1306. REPORT ON APPLICATIONS AND THREATS OF BLOCKCHAIN
TECHNOLOGY.

(a) Definitions.--In this section:
(1) Appropriate committees of congress.--In this section,
the term ``appropriate committees of Congress'' means--
(A) the Committee on Armed Services, the Select Committee
on Intelligence, the Committee on Banking, Housing, and Urban
Affairs, and the Committee on Homeland Security and
Governmental Affairs of the Senate; and
(B) the Committee on Armed Services, the Permanent Select
Committee on Intelligence, the Committee on Financial
Services, and the Committee on Homeland Security of the House
of Representatives.
(2) Foreign terrorist organization.--The term ``foreign
terrorist organization'' means an organization designated as
a foreign terrorist organization under section 219 of the
Immigration and Nationality Act (8 U.S.C. 1189).
(3) Secretary.--The term ``Secretary'' means the Secretary
of Homeland Security.
(4) State sponsor of terrorism.--The term ``state sponsor
of terrorism'' means a country the government of which the
Secretary of State has determined to be a government that has
repeatedly provided support for acts of international
terrorism for purposes of--
(A) section 6(j)(1)(A) of the Export Administration Act of
1979 (50 U.S.C. 4605(j)(1)(A)) (as continued in effect
pursuant to the International Emergency Economic Powers Act
(50 U.S.C. 1701 et seq.));
(B) section 620A(a) of the Foreign Assistance Act of 1961
(22 U.S.C. 2371(a));
(C) section 40(d) of the Arms Export Control Act (22 U.S.C.
2780(d)); or
(D) any other provision of law.
(b) Report Required.--Not later than 180 days after the
date of enactment of this Act, the Secretary, in consultation
with the Secretary of the Treasury, the Attorney General, the
Director of National Intelligence, and the heads of such
other departments and agencies of the Federal Government as
the Secretary considers appropriate, shall provide to the
appropriate committees of Congress a report on the
applications and threats of blockchain technology.
(c) Elements.--The report required under subsection (b)
shall include--
(1) an assessment of potential offensive and defensive
cyber applications of blockchain technology and other
distributed ledger technologies;
(2) an assessment of the actual and potential threat posed
by individuals and state sponsors of terrorism using
distributed ledger-enabled currency and other emerging
financial technological capabilities to carry out activities
in furtherance of an act of terrorism, including the
provision of material support or resources to a foreign
terrorist organization;
(3) an assessment of the use or planned use of such
technologies by the Federal Government and critical
infrastructure networks; and
(4) a threat assessment of efforts by foreign powers,
foreign terrorist organizations, and criminal networks to
utilize such technologies and related threats to the
homeland, including an assessment of the vulnerabilities of
critical infrastructure networks to related cyberattacks.
(d) Form of Report.--The report required under subsection
(b) shall be provided in unclassified form, but may include a
classified supplement.
(e) Distribution.--Consistent with the protection of
classified and confidential unclassified information, the
Under Secretary for Intelligence and Analysis shall share the
threat assessment developed under this section with State,
local, and tribal law enforcement officials, including
officials that operate within fusion centers in the National
Network of Fusion Centers.

SEC. 1307. TRANSNATIONAL CRIMINAL ORGANIZATIONS THREAT
ASSESSMENT.

(a) In General.--Not later than 90 days after the date of
the enactment of this Act,

[[Page S3665]]

the Under Secretary for Intelligence and Analysis shall, in
coordination with appropriate Federal partners, develop and
disseminate a threat assessment on whether transnational
criminal organizations are exploiting United States border
security vulnerabilities in border security screening
programs to gain access to the United States and threaten the
United States or border security.
(b) Recommendations.--Upon completion of the threat
assessment required under subsection (a), the Secretary of
Homeland Security shall make a determination if any changes
are required to address security vulnerabilities identified
in such assessment.
(c) Distribution.--Consistent with the protection of
classified and confidential unclassified information, the
Under Secretary for Intelligence and Analysis shall share the
threat assessment developed under this section with State,
local, and tribal law enforcement officials, including
officials that operate within fusion centers in the National
Network of Fusion Centers.

SEC. 1308. DEPARTMENT OF HOMELAND SECURITY COUNTER THREATS
ADVISORY BOARD.

(a) In General.--Subtitle A of title II of the Homeland
Security Act of 2002 (6 U.S.C. 121 et seq.), as amended by
this Act, is amended by adding at the end the following:

``SEC. 210I. DEPARTMENTAL COORDINATION ON COUNTER THREATS.

``(a) Establishment.--There is authorized in the
Department, for a period of 2 years beginning after the date
of enactment of this section, a Counter Threats Advisory
Board (in this section referred to as the `Board') which
shall--
``(1) be composed of senior representatives of departmental
operational components and headquarters elements; and
``(2) coordinate departmental intelligence activities and
policy and information related to the mission and functions
of the Department that counter threats.
``(b) Charter.--There shall be a charter to govern the
structure and mission of the Board, which shall--
``(1) direct the Board to focus on the current threat
environment and the importance of aligning departmental
activities to counter threats under the guidance of the
Secretary; and
``(2) be reviewed and updated as appropriate.
``(c) Members.--
``(1) In general.--The Board shall be composed of senior
representatives of departmental operational components and
headquarters elements.
``(2) Chair.--The Under Secretary for Intelligence and
Analysis shall serve as the Chair of the Board.
``(3) Members.--The Secretary shall appoint additional
members of the Board from among the following:
``(A) The Transportation Security Administration.
``(B) U.S. Customs and Border Protection.
``(C) U.S. Immigration and Customs Enforcement.
``(D) The Federal Emergency Management Agency.
``(E) The Coast Guard.
``(F) U. S. Citizenship and Immigration Services.
``(G) The United States Secret Service.
``(H) The Cybersecurity and Infrastructure Security Agency.
``(I) The Office of Operations Coordination.
``(J) The Office of the General Counsel.
``(K) The Office of Intelligence and Analysis.
``(L) The Office of Strategy, Policy, and Plans.
``(M) The Science and Technology Directorate.
``(N) The Office for State and Local Law Enforcement.
``(O) The Privacy Office.
``(P) The Office for Civil Rights and Civil Liberties.
``(Q) Other departmental offices and programs as determined
appropriate by the Secretary.
``(d) Meetings.--The Board shall--
``(1) meet on a regular basis to discuss intelligence and
coordinate ongoing threat mitigation efforts and departmental
activities, including coordination with other Federal, State,
local, tribal, territorial, and private sector partners; and
``(2) make recommendations to the Secretary.
``(e) Terrorism Alerts.--The Board shall advise the
Secretary on the issuance of terrorism alerts under section
203.
``(f) Prohibition on Additional Funds.--No additional funds
are authorized to carry out this section.''.
(b) Technical and Conforming Amendment.--The table of
contents in section 1(b) of the Homeland Security Act of 2002
(Public Law 107-296; 116 Stat. 2135), as amended by section
1303, is amended by inserting after the item relating to
section 210H the following:

``Sec. 210I. Departmental coordination to counter threats.''.
(c) Report.--Not later than 90 days after the date of
enactment of this Act, the Secretary of Homeland Security,
acting through the Chair of the Counter Threats Advisory
Board established under section 210I of the Homeland Security
Act of 2002, as added by subsection (a), shall submit to the
Committee on Homeland Security and Governmental Affairs of
the Senate and the Committee on Homeland Security of the
House of Representatives a report on the status and
activities of the Counter Threats Advisory Board.
(d) Notice.--The Department of Homeland Security shall
provide written notification to and brief the Committee on
Homeland Security and Governmental Affairs and the Select
Committee on Intelligence of the Senate and the Committee on
Homeland Security and the Permanent Select Committee on
Intelligence of the House of Representatives on any changes
to or introductions of new mechanisms to coordinate threats
across the Department.

SEC. 1309. BRIEFING ON PHARMACEUTICAL-BASED AGENT THREATS.

(a) Briefing Required.--Not later than 120 days after the
date of enactment of this Act, the Assistant Secretary for
the Countering Weapons of Mass Destruction Office, in
consultation with other departments and agencies of the
Federal Government as the Assistant Secretary considers
appropriate, shall brief the appropriate congressional
committees on threats related to pharmaceutical-based agents.
The briefing shall incorporate, and the Assistant Secretary
shall update as necessary, any related Terrorism Risk
Assessments or Material Threat Assessments related to the
threat.
(b) Elements.--The briefing under subsection (a) shall
include--
(1) an assessment of threats from individuals or
organizations using pharmaceutical-based agents to carry out
activities in furtherance of any act of terrorism;
(2) an assessment of materiel and non-materiel capabilities
within the Federal Government to deter and manage the
consequences of such an attack; and
(3) a strategy to address any identified capability gaps to
deter and manage the consequences of any act of terrorism
using pharmaceutical-based agents.
(c) Form of Briefing.--The briefing under subsection (a)
may be provided in classified form.
(d) Definitions.--In this section:
(1) Appropriate congressional committee.--The term
``appropriate congressional committee'' has the meaning given
that term under section 2 of the Homeland Security Act of
2002 (6 U.S.C. 101).
(2) Pharmaceutical-based agent.--The term ``pharmaceutical-
based agent'' means a chemical, including fentanyl,
carfentanil, and related analogues, which affects the central
nervous system and has the potential to be used as a chemical
weapon.

Subtitle B--Stakeholder Information Sharing

SEC. 1311. DEPARTMENT OF HOMELAND SECURITY FUSION CENTER
PARTNERSHIP INITIATIVE.

(a) In General.--Section 210A of the Homeland Security Act
of 2002 (6 U.S.C. 124h) is amended--
(1) by amending the section heading to read as follows:

``SEC. 210A. DEPARTMENT OF HOMELAND SECURITY FUSION CENTER
PARTNERSHIP INITIATIVE.'';

(2) in subsection (a), by adding at the end the following:
``Beginning on the date of enactment of the Department of
Homeland Security Authorization Act, such Initiative shall be
known as the `Department of Homeland Security Fusion Center
Partnership Initiative'.'';
(3) by amending subsection (b) to read as follows:
``(b) Interagency Support and Coordination.--Through the
Department of Homeland Security Fusion Center Partnership
Initiative, in coordination with principal officials of
fusion centers in the National Network of Fusion Centers and
the officers designated as the Homeland Security Advisors of
the States, the Secretary shall--
``(1) coordinate with the heads of other Federal
departments and agencies to provide operational, analytic,
and reporting intelligence advice and assistance to the
National Network of Fusion Centers and to align homeland
security intelligence activities with other field based
intelligence activities;
``(2) support the integration of fusion centers into the
information sharing environment, including by--
``(A) providing for the effective dissemination of
information within the scope of the information sharing
environment to the National Network of Fusion Centers;
``(B) conducting outreach to such fusion centers to
identify any gaps in information sharing;
``(C) consulting with other Federal agencies to develop
methods to--
``(i) address any such gaps identified under subparagraph
(B), as appropriate; and
``(ii) deploy or access such databases and datasets, as
appropriate; and
``(D) review information that is gathered by the National
Network of Fusion Centers to identify that which is within
the scope of the information sharing environment, including
homeland security information (as defined in section 892),
terrorism information, and weapons of mass destruction
information and incorporate such information, as appropriate,
into the Department's own such information;
``(3) facilitate close communication and coordination
between the National Network of Fusion Centers and the
Department and other Federal departments and agencies;
``(4) facilitate information sharing and expertise from the
national cybersecurity and communications integration center
under section 2209 to the National Network of Fusion Centers;
``(5) coordinate the provision of training and technical
assistance, including training on the use of Federal
databases and datasets described in paragraph (2), to the
National

[[Page S3666]]

Network of Fusion Centers and encourage participating fusion
centers to take part in terrorism threat-related exercises
conducted by the Department;
``(6) ensure the dissemination of cyber threat indicators
and information about cybersecurity risks and incidents to
the national Network of Fusion Centers;
``(7) ensure that each fusion center in the National
Network of Fusion Centers has a privacy policy approved by
the Chief Privacy Officer of the Department and a civil
rights and civil liberties policy approved by the Officer for
Civil Rights and Civil Liberties of the Department;
``(8) develop and disseminate best practices on the
appropriate levels for staffing at fusion centers in the
National Network of Fusion Centers of qualified
representatives from State, local, tribal, and territorial
law enforcement, fire, emergency medical, and emergency
management services, and public health disciplines, as well
as the private sector;
``(9) to the maximum extent practicable, provide guidance,
training, and technical assistance to ensure fusion centers
operate in accordance with and in a manner that protects
privacy, civil rights, and civil liberties afforded by the
Constitution of the United States;
``(10) to the maximum extent practicable, provide guidance,
training, and technical assistance to ensure fusion centers
are appropriately aligned with and able to meaningfully
support Federal homeland security, national security, and law
enforcement efforts, including counterterrorism;
``(11) encourage the full participation of the National
Network of Fusion Centers in all assessment and evaluation
efforts conducted by the Department;
``(12) track all Federal funding provided to each fusion
center on an individualized basis as well as by funding
source;
``(13) ensure that none of the departmental information or
data provided or otherwise made available to fusion center
personnel is improperly disseminated, accessed for
unauthorized purposes, or otherwise used in a manner
inconsistent with Department guidance; and
``(14) carry out such other duties as the Secretary
determines appropriate.'';
(4) in subsection (c)--
(A) in the heading, by striking ``Personnel Assignment''
and inserting ``Resource Allocation'';
(B) by striking paragraphs (1) and (2) and inserting the
following:
``(1) Information sharing and personnel assignment.--
``(A) Information sharing.--The Under Secretary for
Intelligence and Analysis shall ensure that, as appropriate--
``(i) fusion centers in the National Network of Fusion
Centers have access to homeland security information sharing
systems; and
``(ii) Department personnel are deployed to support fusion
centers in the National Network of Fusion Centers in a manner
consistent with the mission of the Department.
``(B) Personnel assignment.--Department personnel referred
to in subparagraph (A)(ii) may include the following:
``(i) Intelligence officers.
``(ii) Intelligence analysts.
``(iii) Other liaisons from components and offices of the
Department, as appropriate.
``(C) Memoranda of understanding.--The Under Secretary for
Intelligence and Analysis shall negotiate memoranda of
understanding between the Department and a State or local
government, in coordination with the appropriate
representatives from fusion centers in the National Network
of Fusion Centers, regarding the exchange of information
between the Department and such fusion centers. Such
memoranda shall include the following:
``(i) The categories of information to be provided by each
entity to the other entity that are parties to any such
memoranda.
``(ii) The contemplated uses of the exchanged information
that is the subject of any such memoranda.
``(iii) The procedures for developing joint products.
``(iv) The information sharing dispute resolution
processes.
``(v) Any protections necessary to ensure the exchange of
information accords with applicable law and policies.
``(2) Sources of support.--Information shared and personnel
assigned pursuant to paragraph (1) may be shared or provided,
as the case may be, by the following Department components
and offices, in coordination with the respective component or
office head and in consultation with the principal officials
of fusion centers in the National Network of Fusion Centers:
``(A) The Office of Intelligence and Analysis.
``(B) Cybersecurity and Infrastructure Security Agency.
``(C) The Transportation Security Administration.
``(D) U.S. Customs and Border Protection.
``(E) U.S. Immigration and Customs Enforcement.
``(F) The Coast Guard.
``(G) The national cybersecurity and communications
integration center under section 2209.
``(H) Other components or offices of the Department, as
determined by the Secretary.'';
(C) in paragraph (3)--
(i) in the heading, by striking ``Qualifying criteria'' and
inserting ``Resource allocation criteria''; and
(ii) by striking subparagraph (A) and inserting the
following:
``(A) In general.--The Secretary shall make available
criteria for sharing information and deploying personnel to
support a fusion center in the National Network of Fusion
Centers in a manner consistent with the Department's mission
and existing statutory limits.''; and
(D) in paragraph (4)(B), in the matter preceding clause
(i), by inserting ``in which such fusion center is located''
after ``region'';
(5) in subsection (d)--
(A) in paragraph (3), by striking ``and'' at the end;
(B) by redesignating paragraph (4) as paragraph (5);
(C) by inserting after paragraph (3) the following:
``(4) assist, in coordination with the national
cybersecurity and communications integration center under
section 2209, fusion centers in using information relating to
cybersecurity risks to develop a comprehensive and accurate
threat picture;'';
(D) in paragraph (5), as so redesignated--
(i) by striking ``government'' and inserting
``governments''; and
(ii) by striking the period at the end and inserting ``;
and''; and
(E) by adding at the end the following:
``(6) use Department information, including information
held by components and offices, to develop analysis focused
on the mission of the Department under section 101(b).'';
(6) in subsection (e)--
(A) by amending paragraph (1) to read as follows:
``(1) In general.--To the greatest extent practicable, the
Secretary shall make it a priority to allocate resources,
including departmental component personnel with relevant
expertise, to support the efforts of fusion centers along
land or maritime borders of the United States to facilitate
law enforcement agency identification, investigation, and
interdiction of persons, weapons, and related contraband that
pose a threat to homeland security.''; and
(B) in paragraph (2), in the matter preceding subparagraph
(A), by striking ``participating State, local, and regional
fusion centers'' and inserting ``fusion centers in the
National Network of Fusion Centers'';
(7) in subsection (j)--
(A) by redesignating paragraph (5) as paragraph (7);
(B) by redesignating paragraphs (1) through (4) as
paragraphs (2) through (5), respectively;
(C) by inserting before paragraph (2) the following:
``(1) the term `cybersecurity risk' has the meaning given
such term in section 2209;''.
(D) in paragraph (5), as so redesignated, by striking
``and'' at the end; and
(E) by inserting after such paragraph (5) the following new
paragraph:
``(6) the term `National Network of Fusion Centers' means a
decentralized arrangement of fusion centers intended to
enhance individual State and urban area fusion centers'
ability to leverage the capabilities and expertise of all
fusion centers for the purpose of enhancing analysis and
homeland security information sharing nationally; and''; and
(8) by striking subsection (k).
(b) Report.--Not later than 1 year after the date of the
enactment of this Act and annually thereafter through 2024,
the Under Secretary for Intelligence and Analysis of the
Department of Homeland Security shall report to the Committee
on Homeland Security and the Permanent Select Committee on
Intelligence of the House of Representatives and the
Committee on Homeland Security and Governmental Affairs and
the Select Committee on Intelligence of the Senate on the
value of fusion center intelligence products and the
expenditure of authorized funds for the support and
coordination of the National Network of Fusion Centers as
specified in section 210A of the Homeland Security Act of
2002 (6 U.S.C. 124h), as amended by subsection (a).
(c) Report on Federal Databases.--Not later than 180 days
after the date of enactment of this Act, the Comptroller
General of the United States shall submit a report to
Congress on the Federal databases and datasets that address
any gaps identified pursuant to section 210A(b)(2)(B) of the
Homeland Security Act of 2002, as amended by subsection (a),
including databases and datasets used, operated, or managed
by Department components, the Department of Justice,
including the Federal Bureau of Investigation and the Drug
Enforcement Administration, and the Department of the
Treasury, that are appropriate, in accordance with Federal
laws and policies, for inclusion in the information sharing
environment.
(d) Technical and Conforming Amendments.--
(1) Section 2103(c)(1) of the Homeland Security Act of 2002
(6 U.S.C. 623(c)(1)) is amended by striking ``210A(j)(1)''
and inserting ``210A(j)''.
(2) The table of contents in section 1(b) of the Homeland
Security Act of 2002 (Public Law 107-296; 116 Stat. 2135) is
amended by striking the item relating to section 210A and
inserting the following:

``Sec. 210A. Department of Homeland Security Fusion Center Partnership
Initiative.''.
(e) Reference.--Any reference in any law, rule, or
regulation to the Department of Homeland Security State,
Local, and Regional Fusion Center Initiative shall be

[[Page S3667]]

deemed to be a reference to the Department of Homeland
Security Fusion Center Partnership Initiative.

SEC. 1312. FUSION CENTER PERSONNEL NEEDS ASSESSMENT.

(a) Assessment.--
(1) In general.--Not later than 240 days after the date of
the enactment of this Act, the Comptroller General of the
United States shall conduct an assessment of Department of
Homeland Security personnel assigned to fusion centers
pursuant to section 210A(c) of the Homeland Security Act of
2002 (6 U.S.C. 124h(c)), as amended by this Act, including an
assessment of whether deploying additional Department
personnel to such fusion centers would enhance the
Department's mission under section 101(b) of such Act (6
U.S.C. 111(b)) and the National Network of Fusion Centers.
(2) Contents.--The assessment required under this
subsection shall include the following:
(A) Information on the current deployment of the
Department's personnel to each fusion center.
(B) Information on the roles and responsibilities of the
Department's Office of Intelligence and Analysis intelligence
officers, intelligence analysts, senior reports officers,
reports officers, and regional directors deployed to fusion
centers.
(C) Information on Federal resources, in addition to
personnel, provided to each fusion center.
(D) An assessment of fusion centers located in
jurisdictions along land and maritime borders of the United
States, and the degree to which deploying personnel, as
appropriate, from U.S. Customs and Border Protection, U.S.
Immigration and Customs Enforcement, and the Coast Guard to
such fusion centers would enhance the integrity and security
at such borders by helping Federal, State, local, tribal, and
territorial law enforcement authorities to identify,
investigate, and interdict persons, weapons, and related
contraband that pose a threat to homeland security.
(b) Definitions.--In this section, the terms ``fusion
center'' and ``National Network of Fusion Centers'' have the
meanings given those terms in section 210A(j) of the Homeland
Security Act of 2002 (6 U.S.C. 124h(j)), as amended by this
Act.

SEC. 1313. STRATEGY FOR FUSION CENTERS SUPPORTING
COUNTERNARCOTICS INITIATIVES THROUGH
INTELLIGENCE INFORMATION SHARING AND ANALYSIS.

Not later than 180 days after the date of enactment of this
Act, the Under Secretary for Intelligence and Analysis shall
submit to Congress a strategy for how the National Network of
Fusion Centers (as defined in section 210A(j) of the Homeland
Security Act of 2002 (6 U.S.C. 124h(j)), as amended by this
Act) will support law enforcement counternarcotics activities
and investigations through intelligence information sharing
and analysis, including providing guidelines and best
practices to fusion center leadership and personnel.

SEC. 1314. PROGRAM FOR STATE AND LOCAL ANALYST CLEARANCES.

(a) Sense of Congress.--It is the sense of Congress that
any program established by the Under Secretary for
Intelligence and Analysis of the Department of Homeland
Security to provide eligibility for access to information
classified as Top Secret for State, local, tribal, and
territorial analysts located in fusion centers shall be
consistent with the need to know requirements pursuant to
Executive Order No. 13526 (50 U.S.C. 3161 note).
(b) Report.--Not later than 2 years after the date of the
enactment of this Act, the Under Secretary for Intelligence
and Analysis of the Department of Homeland Security, in
consultation with the Director of National Intelligence,
shall submit to the Committee on Homeland Security and the
Permanent Select Committee on Intelligence of the House of
Representatives and the Committee on Homeland Security and
Governmental Affairs and the Select Committee on Intelligence
of the Senate a report on the following:
(1) The process by which the Under Secretary for
Intelligence and Analysis determines a need to know pursuant
to Executive Order No. 13526 (50 U.S.C. 3161 note) to sponsor
Top Secret clearances for appropriate State, local, tribal,
and territorial analysts located in fusion centers.
(2) The effects of such Top Secret clearances on enhancing
information sharing with State, local, tribal, and
territorial partners.
(3) The cost for providing such Top Secret clearances for
State, local, tribal, and territorial analysts located in
fusion centers, including training and background
investigations.
(4) The operational security protocols, training,
management, and risks associated with providing such Top
Secret clearances for State, local, tribal, and territorial
analysts located in fusion centers.
(c) Definition.--In this section, the term ``fusion
center'' has the meaning given the term in section 210A(j) of
the Homeland Security Act of 2002 (6 U.S.C. 124h(j)), as
amended by this Act.

SEC. 1315. INFORMATION TECHNOLOGY ASSESSMENT.

(a) In General.--The Under Secretary for Intelligence and
Analysis of the Department of Homeland Security, in
collaboration with the Chief Information Officer of the
Department of Homeland Security and representatives from the
National Network of Fusion Centers, shall conduct an
assessment of information systems used to share homeland
security information between the Department of Homeland
Security and fusion centers in the National Network of Fusion
Centers and make upgrades to such systems, as appropriate.
Such assessment shall include the following:
(1) An evaluation of the security, accessibility, and ease
of use of such systems by fusion centers in the National
Network of Fusion Centers.
(2) A review to determine how to establish improved
interoperability of departmental information systems with
existing information systems used by fusion centers in the
National Network of Fusion Centers.
(3) An evaluation of participation levels of departmental
components and offices of information systems used to share
homeland security information with fusion centers in the
National Network of Fusion Centers.
(b) Definitions.--In this section--
(1) the terms ``fusion center'' and ``National Network of
Fusion Centers'' have the meanings given those terms in
section 210A(j) of the Homeland Security Act of 2002 (6
U.S.C. 124h(j)), as amended by this Act;
(2) the term ``homeland security information'' has the
meaning given the term in section 892 of the Homeland
Security Act of 2002 (6 U.S.C. 482); and
(3) the term ``information systems'' has the meaning given
the term in section 3502 of title 44, United States Code.

SEC. 1316. DEPARTMENT OF HOMELAND SECURITY CLASSIFIED
FACILITY INVENTORY.

(a) In General.--The Secretary of Homeland Security shall,
to the extent practicable--
(1) maintain an inventory of those Department of Homeland
Security facilities that the Department certifies to house
classified infrastructure or systems at the Secret level and
above;
(2) update such inventory on a regular basis; and
(3) share part or all of such inventory with personnel as
determined appropriate by the Secretary of Homeland Security.
(b) Inventory.--The inventory of facilities described in
subsection (a) may include--
(1) the location of such facilities;
(2) the attributes and capabilities of such facilities
(including the clearance level of the facility, the square
footage of, the total capacity of, the number of workstations
in, document storage, and the number of conference rooms in,
such facilities);
(3) the entities that operate such facilities; and
(4) the date of establishment of such facilities.

SEC. 1317. TERROR INMATE INFORMATION SHARING.

(a) In General.--The Secretary of Homeland Security, in
coordination with the Attorney General and in consultation
with other appropriate Federal officials, shall, as
appropriate, share with the National Network of Fusion
Centers through the Department of Homeland Security Fusion
Center Partnership Initiative under section 210A of the
Homeland Security Act of 2002 (6 U.S.C. 124h), as amended by
this Act, as well as other relevant law enforcement entities,
release information from a Federal correctional facility,
including the name, charging date, and expected place and
date of release, of certain individuals who may pose a
terrorist threat.
(b) Scope.--The information shared under subsection (a)
shall be--
(1) for homeland security purposes; and
(2) regarding individuals convicted of a Federal crime of
terrorism (as defined in section 2332b of title 18, United
States Code).
(c) Periodic Threat Assessments.--Consistent with the
protection of classified information and controlled
unclassified information, the Secretary of Homeland Security
shall coordinate with appropriate Federal officials to
provide the National Network of Fusion Centers described in
subsection (a) with periodic assessments regarding the
overall threat from known or suspected terrorists currently
incarcerated in a Federal correctional facility, including
the assessed risks of such populations engaging in terrorist
activity upon release.
(d) Privacy Protections.--Prior to implementing subsection
(a), the Secretary of Homeland Security shall receive input
and advice from the Officer for Civil Rights and Civil
Liberties, the Officer for Privacy and the Chief Intelligence
Officer of the Department of Homeland Security.
(e) Rule of Construction.--Nothing in this section may be
construed as requiring the establishment of a list or
registry of individuals convicted of terrorism.
(f) Definition.--In this section, the term ``fusion
center'' has the meaning given the term in section 210A(j) of
the Homeland Security Act of 2002 (6 U.S.C. 124h(j)), as
amended by this Act.

SEC. 1318. ANNUAL REPORT ON OFFICE FOR STATE AND LOCAL LAW
ENFORCEMENT.

Section 2006(b) of the Homeland Security Act of 2002 (6
U.S.C. 607(b)) is amended--
(1) by redesignating paragraph (5) as paragraph (6); and
(2) by inserting after paragraph (4) the following new
paragraph:
``(5) Report.--For each of fiscal years 2019 through 2023,
the Assistant Secretary for State and Local Law Enforcement
shall submit to the Committee on Homeland Security of the
House of Representatives and the Committee on Homeland
Security and Governmental Affairs of the Senate a report on
the activities of the Office for State and

[[Page S3668]]

Local Law Enforcement. Each such report shall include, for
the fiscal year covered by the report, a description of each
of the following:
``(A) Efforts to coordinate and share information regarding
Department and component agency programs with State, local,
and tribal law enforcement agencies.
``(B) Efforts to improve information sharing through the
Homeland Security Information Network by appropriate
component agencies of the Department and by State, local, and
tribal law enforcement agencies.
``(C) The status of performance metrics within the Office
for State and Local Law Enforcement to evaluate the
effectiveness of efforts to carry out responsibilities set
forth within this subsection.
``(D) Any feedback from State, local, and tribal law
enforcement agencies about the Office for State and Local Law
Enforcement, including the mechanisms utilized to collect
such feedback.
``(E) Efforts to carry out all other responsibilities of
the Office for State and Local Law Enforcement.''.

SEC. 1319. ANNUAL CATALOG ON DEPARTMENT OF HOMELAND SECURITY
TRAINING, PUBLICATIONS, PROGRAMS, AND SERVICES
FOR STATE, LOCAL, TRIBAL, AND TERRITORIAL LAW
ENFORCEMENT AGENCIES.

Section 2006(b)(4) of the Homeland Security Act of 2002 (6
U.S.C. 607(b)(4)) is amended--
(1) in subparagraph (E), by striking ``and'' at the end;
(2) in subparagraph (F), by striking the period and
inserting a semicolon; and
(3) by adding at the end the following new subparagraphs:
``(G) produce an annual catalog that summarizes
opportunities for training, publications, programs, and
services available to State, local, tribal, and territorial
law enforcement agencies from the Department and from each
component and office within the Department and, not later
than 30 days after the date of such production, disseminate
the catalog, including by--
``(i) making such catalog available to State, local,
tribal, and territorial law enforcement agencies, including
by posting the catalog on the website of the Department and
cooperating with national organizations that represent such
agencies;
``(ii) making such catalog available through the Homeland
Security Information Network; and
``(iii) submitting such catalog to the Committee on
Homeland Security of the House of Representatives and the
Committee on Homeland Security and Governmental Affairs of
the Senate; and
``(H) in coordination with appropriate components and
offices of the Department and other Federal agencies,
develop, maintain, and make available information on Federal
resources intended to support fusion center access to Federal
information and resources.''.

SEC. 1320. CHEMICAL, BIOLOGICAL, RADIOLOGICAL, AND NUCLEAR
INTELLIGENCE AND INFORMATION SHARING.

(a) In General.--Subtitle A of title II of the Homeland
Security Act of 2002 (6 U.S.C. 121 et seq.), as amended by
subtitle A of this Act, is amended by adding at the end the
following:

``SEC. 210J. CHEMICAL, BIOLOGICAL, RADIOLOGICAL, AND NUCLEAR
INTELLIGENCE AND INFORMATION SHARING.

``(a) In General.--The Office of Intelligence and Analysis
of the Department shall--
``(1) support homeland security-focused intelligence
analysis of terrorist actors, their claims, and their plans
to conduct attacks involving chemical, biological,
radiological, or nuclear materials against the United States;
``(2) support homeland security-focused intelligence
analysis of global infectious disease, public health, food,
agricultural, and veterinary issues;
``(3) support homeland security-focused risk analysis and
risk assessments of the homeland security hazards described
in paragraphs (1) and (2), including the transportation of
chemical, biological, nuclear, and radiological materials, by
providing relevant quantitative and nonquantitative threat
information;
``(4) leverage existing and emerging homeland security
intelligence capabilities and structures to enhance
prevention, protection, response, and recovery efforts with
respect to a chemical, biological, radiological, or nuclear
attack;
``(5) share information and provide tailored analytical
support on these threats to State, local, and tribal
authorities, other Federal agencies, and relevant national
biosecurity and biodefense stakeholders, as appropriate; and
``(6) perform other responsibilities, as assigned by the
Secretary.
``(b) Coordination.--Where appropriate, the Office of
Intelligence and Analysis shall coordinate with other
relevant Department components, including the Countering
Weapons of Mass Destruction Office, the National
Biosurveillance Integration Center, other agencies within the
intelligence community, including the National Counter
Proliferation Center, and other Federal, State, local, and
tribal authorities, including officials from high-threat
urban areas, State and major urban area fusion centers, and
local public health departments, as appropriate, and enable
such entities to provide recommendations on optimal
information sharing mechanisms, including expeditious sharing
of classified information, and on how such entities can
provide information to the Department.
``(c) Definitions.--In this section:
``(1) Fusion center.--The term `fusion center' has the
meaning given the term in section 210A.
``(2) Intelligence community.--The term `intelligence
community' has the meaning given such term in section 3(4) of
the National Security Act of 1947 (50 U.S.C. 401a(4)).
``(3) National biosecurity and biodefense stakeholders.--
The term `national biosecurity and biodefense stakeholders'
means officials from Federal, State, local, and tribal
authorities and individuals from the private sector who are
involved in efforts to prevent, protect against, respond to,
and recover from a biological attack or other phenomena that
may have serious health consequences for the United States,
including infectious disease outbreaks.''.
(b) Clerical Amendment.--The table of contents in section
1(b) of the Homeland Security Act of 2002 (Public Law 107-
296; 116 Stat. 2135), as amended by subtitle A of this title,
is amended by inserting after the item relating to section
210I the following:

``Sec. 210J. Chemical, biological, radiological, and nuclear
intelligence and information sharing.''.
(c) Report.--
(1) In general.--Not later than 1 year after the date of
enactment of this Act and annually thereafter, the Secretary
of Homeland Security shall report to the appropriate
congressional committees on--
(A) the intelligence and information sharing activities
under section 210I of the Homeland Security Act of 2002 (as
added by subsection (a) of this section) and of all relevant
entities within the Department of Homeland Security to
counter the threat from attacks using chemical, biological,
radiological, or nuclear materials; and
(B) the Department's activities in accordance with relevant
intelligence strategies.
(2) Assessment of implementation.--The reports required
under paragraph (1) shall include--
(A) an assessment of the progress of the Office of
Intelligence and Analysis of the Department of Homeland
Security in implementing such section 210I; and
(B) a description of the methods established to carry out
such assessment.
(3) Termination.--This subsection shall terminate on the
date that is 5 years after the date of enactment of this Act.
(4) Definition.--In this subsection, the term ``appropriate
congressional committees'' means--
(A) the Committee on Homeland Security and the Permanent
Select Committee on Intelligence of the House of
Representatives;
(B) the Committee on Homeland Security and Governmental
Affairs and the Select Committee on Intelligence of the
Senate; and
(C) any other committee of the House of Representatives or
the Senate having legislative jurisdiction under the rules of
the House of Representatives or Senate, respectively, over
the matter concerned.
(d) Dissemination of Information Analyzed by the Department
to State, Local, Tribal, and Private Entities With
Responsibilities Relating to Homeland Security.--Section
201(d)(8) of the Homeland Security Act of 2002 (6 U.S.C.
121(d)(8)) is amended by striking ``and to agencies of
State'' and all that follows through the period at the end
and inserting ``to State, local, and tribal governments and
private entities with such responsibilities, and, as
appropriate, to the public, in order to assist in preventing,
deterring, or responding to acts of terrorism against the
United States.''.

SEC. 1321. DUTY TO REPORT.

(a) Duty Imposed.--Except as provided in subsection (c),
whenever an act of terrorism occurs in the United States, it
shall be the duty of the primary Government agency
investigating such act to submit, in collaboration with the
Secretary of Homeland Security, the Attorney General, the
Director of the Federal Bureau of Investigation, and, as
appropriate, the Director of the National Counterterrorism
Center, an unclassified report (which may be accompanied by a
classified annex) to Congress concerning such act not later
than 1 year after the completion of the investigation.
Reports required under this subsection may be combined into a
quarterly report to Congress.
(b) Content of Reports.--Each report under this section
shall include--
(1) a statement of the facts of the act of terrorism
referred to in subsection (a), as known at the time of the
report;
(2) an explanation of any gaps in national security that
could be addressed to prevent future acts of terrorism;
(3) any recommendations for additional measures that could
be taken to improve homeland security, including potential
changes in law enforcement practices or changes in law, with
particular attention to changes that could help prevent
future acts of terrorism; and
(4) a summary of the report for public distribution.
(c) Exception.--The duty established under subsection (a)
shall not apply in instances in which the Secretary of
Homeland Security, the Attorney General, the Director of the
Federal Bureau of Investigation, or the head of the National
Counterterrorism Center determines that the information
required to be

[[Page S3669]]

reported could jeopardize an ongoing investigation or
prosecution. In such instances, the principal making such
determination shall notify Congress of such determination
before the first anniversary of the completion of the
investigation described in such subsection.
(d) Defined Term.--In this section, the term ``act of
terrorism'' has the meaning given the term in section 3077 of
title 18, United States Code.

SEC. 1322. STRATEGY FOR INFORMATION SHARING REGARDING
NARCOTICS TRAFFICKING IN INTERNATIONAL MAIL.

Not later than 180 days after the date of enactment of this
Act, the Secretary, in coordination with the Commissioner of
U.S. Customs and Border Protection, and other Federal
agencies, as appropriate, shall submit to Congress a strategy
to share counternarcotics information related to
international mail, including information about best
practices and known shippers of illegal narcotics, between--
(1) Department of Homeland Security components;
(2) the United States Postal Service;
(3) express consignment operators;
(4) peer-to-peer payment platforms; and
(5) other appropriate stakeholders.

SEC. 1323. CONSTITUTIONAL LIMITATIONS.

All intelligence gathering and information sharing
activities conducted by the Department of Homeland Security
under this title or an amendment made by this title shall be
carried out in accordance with the rights and protections
afforded by the Constitution of the United States.

TITLE IV--EMERGENCY PREPAREDNESS, RESPONSE, AND COMMUNICATIONS

Subtitle A--Grants, Training, Exercises, and Coordination

SEC. 1401. URBAN AREA SECURITY INITIATIVE.

Section 2003 of the Homeland Security Act of 2002 (6 U.S.C.
604) is amended--
(1) in subsection (b)(2)(A), in the matter preceding clause
(i), by inserting ``, using the most up-to-date data
available,'' after ``assessment'';
(2) in subsection (d)(2), by amending subparagraph (B) to
read as follows:
``(B) Funds retained.--To ensure transparency and avoid
duplication, a State shall provide each relevant high-risk
urban area with a detailed accounting of the items, services,
or activities on which any funds retained by the State under
subparagraph (A) are to be expended. Such accounting shall be
provided not later than 90 days after the date on which such
funds are retained.''; and
(3) by striking subsection (e) and inserting the following
new subsections:
``(e) Threat and Hazard Identification Risk Assessment and
Capability Assessment.--As a condition of receiving a grant
under this section, each high-risk urban area shall submit to
the Administrator a threat and hazard identification and risk
assessment and capability assessment--
``(1) at such time and in such form as is required by the
Administrator; and
``(2) consistent with the Federal Emergency Management
Agency's Comprehensive Preparedness Guide 201, Second
Edition, or such successor document or guidance as is issued
by the Administrator.
``(f) Period of Performance.--The Administrator shall make
funds provided under this section available for use by a
recipient of a grant for a period of not less than 36
months.''.

SEC. 1402. STATE HOMELAND SECURITY GRANT PROGRAM.

Section 2004 of the Homeland Security Act of 2002 (6 U.S.C.
605) is amended by striking subsection (f) and inserting the
following new subsections:
``(f) Threat and Hazard Identification and Risk Assessment
and Capability Assessment.--
``(1) In general.--As a condition of receiving a grant
under this section, each State shall submit to the
Administrator a threat and hazard identification and risk
assessment and capability assessment--
``(A) at such time and in such form as is required by the
Administrator; and
``(B) consistent with the Federal Emergency Management
Agency's Comprehensive Preparedness Guide 201, Second
Edition, or such successor document or guidance as is issued
by the Administrator.
``(2) Collaboration.--In developing the threat and hazard
identification and risk assessment under paragraph (1), a
State shall solicit input from local and tribal governments,
including first responders, and, as appropriate,
nongovernmental and private sector stakeholders.
``(3) First responders defined.--In this subsection, the
term `first responders'--
``(A) means an emergency response provider; and
``(B) includes representatives of local governmental and
nongovernmental fire, law enforcement, emergency management,
and emergency medical personnel.
``(g) Period of Performance.--The Administrator shall make
funds provided under this section available for use by a
recipient of a grant for a period of not less than 36
months.''.

SEC. 1403. GRANTS TO DIRECTLY ELIGIBLE TRIBES.

Section 2005 of the Homeland Security Act of 2002 (6 U.S.C.
606) is amended by--
(1) redesignating subsections (h) through (k) as
subsections (i) through (l), respectively; and
(2) inserting after subsection (g) the following new
subsection:
``(h) Period of Performance.--The Secretary shall make
funds provided under this section available for use by a
recipient of a grant for a period of not less than 36
months.''.

SEC. 1404. LAW ENFORCEMENT TERRORISM PREVENTION.

(a) Law Enforcement Terrorism Prevention Program.--Section
2006(a) of the Homeland Security Act of 2002 (6 U.S.C.
607(a)) is amended--
(1) in paragraph (1)--
(A) by inserting ``States and high-risk urban areas
expend'' after ``that''; and
(B) by striking ``is used'';
(2) in paragraph (2), by amending subparagraph (I) to read
as follows:
``(I) activities as determined appropriate by the
Administrator, in coordination with the Assistant Secretary
for State and Local Law Enforcement within the Office of
Partnership and Engagement of the Department, through
outreach to relevant stakeholder organizations; and''; and
(3) by adding at the end the following new paragraph:
``(4) Annual report.--The Administrator, in coordination
with the Assistant Secretary for State and Local Law
Enforcement, shall report annually from fiscal year 2018
through fiscal year 2022 on the use of grants under sections
2003 and 2004 for law enforcement terrorism prevention
activities authorized under this section, including the
percentage and dollar amount of funds used for such
activities and the types of projects funded.''.
(b) Office for State and Local Law Enforcement.--Section
2006(b) of the Homeland Security Act of 2002 (6 U.S.C.
607(b)) is amended--
(1) in paragraph (1), by striking ``Policy Directorate''
and inserting ``Office of Partnership and Engagement''; and
(2) in paragraph (4)--
(A) in subparagraph (B), by inserting ``, including through
consultation with such agencies regarding Department programs
that may impact such agencies'' before the semicolon at the
end; and
(B) in subparagraph (D), by striking ``ensure'' and
inserting ``verify''.

SEC. 1405. PRIORITIZATION.

Section 2007(a) of the Homeland Security Act of 2002 (6
U.S.C. 608(a)) is amended--
(1) in paragraph (1)--
(A) by amending subparagraph (A) to read as follows:
``(A) its population, including consideration of domestic
and international tourists, commuters, and military
populations, including military populations residing in
communities outside military installations;'';
(B) in subparagraph (E), by inserting ``, including threat
information from other relevant Federal agencies and field
offices, as appropriate'' before the semicolon at the end;
and
(C) in subparagraph (I), by striking ``target'' and
inserting ``core''; and
(2) in paragraph (2), by striking ``target'' and inserting
``core''.

SEC. 1406. ALLOWABLE USES.

Section 2008 of the Homeland Security Act of 2002 (6 U.S.C.
609) is amended--
(1) in subsection (a)--
(A) in the matter preceding paragraph (1), by striking
``target'' and inserting ``core'';
(B) in paragraph (5), by inserting before the semicolon at
the end the following: ``, provided such emergency
communications align with the Statewide Communication
Interoperability Plan and are coordinated with the Statewide
Interoperability Coordinator or Statewide interoperability
governance body of the State of the recipient'';
(C) by striking paragraph (14);
(D) by redesignating paragraphs (6) through (13) as
paragraphs (8) through (15), respectively;
(E) by inserting after paragraph (5) the following new
paragraphs:
``(6) enhancing medical preparedness, medical surge
capacity, and mass prophylaxis capabilities, including the
development and maintenance of an initial pharmaceutical
stockpile, including medical kits and diagnostics sufficient
to protect first responders (as defined in section 2004(f)),
their families, immediate victims, and vulnerable populations
from a chemical or biological event;
``(7) enhancing cybersecurity, including preparing for and
responding to cybersecurity risks and incidents (as such
terms are defined in section 2209) and developing statewide
cyber threat information analysis and dissemination
activities;'';
(F) in paragraph (8), as so redesignated, by striking
``Homeland Security Advisory System'' and inserting
``National Terrorism Advisory System'';
(G) in paragraph (14), as so redesignated--
(i) by striking ``3'' and inserting ``5''; and
(ii) by adding ``and'' at the end; and
(H) in paragraph (15), as so redesignated, by striking ``;
and'' and inserting a period;
(2) in subsection (b)--
(A) in paragraph (3)(B), by striking ``(a)(10)'' and
inserting ``(a)(12)''; and
(B) in paragraph (4)(B)(i), by striking ``target'' and
inserting ``core''; and
(3) in subsection (c), by striking ``target'' and inserting
``core''.

SEC. 1407. APPROVAL OF CERTAIN EQUIPMENT.

(a) In General.--Section 2008 of the Homeland Security Act
of 2002 (6 U.S.C. 609) is amended--
(1) in subsection (f)--
(A) by striking ``If an applicant'' and inserting the
following:

[[Page S3670]]

``(1) Application requirement.--If an applicant''; and
(B) by adding at the end the following:
``(2) Review process.--The Administrator shall implement a
uniform process for reviewing applications that, in
accordance with paragraph (1), contain explanations for a
proposal to use grants provided under section 2003 or 2004 to
purchase equipment or systems that do not meet or exceed any
applicable national voluntary consensus standards developed
under section 647 of the Post-Katrina Emergency Management
Reform Act of 2006 (6 U.S.C. 747).
``(3) Factors.--In carrying out the review process under
paragraph (2), the Administrator shall consider the
following:
``(A) Current or past use of proposed equipment or systems
by Federal agencies or the Armed Forces.
``(B) The absence of a national voluntary consensus
standard for such equipment or systems.
``(C) The existence of an international consensus standard
for such equipment or systems, and whether such equipment or
systems meets such standard.
``(D) The nature of the capability gap identified by the
applicant, and how such equipment or systems will address
such gap.
``(E) The degree to which such equipment or systems will
serve the needs of the applicant better than equipment or
systems that meet or exceed existing consensus standards.
``(F) Any other factor determined appropriate by the
Administrator.''; and
(2) by adding at the end the following new subsection:
``(g) Review Process.--The Administrator shall implement a
uniform process for reviewing applications to use grants
provided under section 2003 or 2004 to purchase equipment or
systems not included on the Authorized Equipment List
maintained by the Administrator.''.
(b) Inspector General Report.--Not later than 3 years after
the date of enactment of this Act, the Inspector General of
the Department of Homeland Security shall submit to the
Committee on Homeland Security of the House of
Representatives and the Committee on Homeland Security and
Governmental Affairs of the Senate a report assessing the
implementation of the review process established under
paragraph (2) of subsection (f) of section 2008 of the
Homeland Security Act of 2002 (as added by subsection (a) of
this section), including information on the following:
(1) The number of requests to purchase equipment or systems
that do not meet or exceed any applicable national voluntary
consensus standard evaluated under such review process.
(2) The capability gaps identified by applicants and the
number of such requests granted or denied.
(3) The processing time for the review of such requests.

SEC. 1408. AUTHORITY FOR EXPLOSIVE ORDNANCE DISPOSAL UNITS TO
ACQUIRE NEW OR EMERGING TECHNOLOGIES AND
CAPABILITIES.

The Secretary of Homeland Security may authorize an
explosive ordnance disposal unit to acquire new or emerging
technologies and capabilities that are not specifically
provided for in the authorized equipment allowance for the
unit, as such allowance is set forth in the Authorized
Equipment List maintained by the Administrator of the Federal
Emergency Management Agency.

SEC. 1409. MEMORANDA OF UNDERSTANDING.

(a) In General.--Subtitle B of title XX of the Homeland
Security Act of 2002 (6 U.S.C. 611 et seq.) is amended by
adding at the end the following new section:

``SEC. 2024. MEMORANDA OF UNDERSTANDING WITH DEPARTMENTAL
COMPONENTS AND OFFICES REGARDING THE POLICY AND
GUIDANCE.

``The Administrator shall enter into memoranda of
understanding with the heads of the following departmental
components and offices delineating the roles and
responsibilities of such components and offices regarding the
policy and guidance for grants under section 1406 of the
Implementing Recommendations of the 9/11 Commission Act of
2007 (6 U.S.C. 1135), sections 2003 and 2004 of this Act, and
section 70107 of title 46, United States Code, as
appropriate:
``(1) The Commissioner of U.S. Customs and Border
Protection.
``(2) The Administrator of the Transportation Security
Administration.
``(3) The Commandant of the Coast Guard.
``(4) The Under Secretary for Intelligence and Analysis.
``(5) The Assistant Director for Emergency Communications.
``(6) The Assistant Secretary for State and Local Law
Enforcement.
``(7) The Countering Violent Extremism Coordinator.
``(8) The Officer for Civil Rights and Civil Liberties.
``(9) The Chief Medical Officer.
``(10) The heads of other components or offices of the
Department, as determined by the Secretary.''.
(b) Clerical Amendment.--The table of contents in section
1(b) of the Homeland Security Act of 2002 (Public Law 107-
296; 116 Stat. 2135) is amended by inserting after the item
relating to section 2023 the following new item:

``Sec. 2024. Memoranda of understanding with departmental components
and offices regarding the policy and guidance.''.

SEC. 1410. GRANTS METRICS.

(a) In General.--To determine the extent to which grants
under sections 2003 and 2004 of the Homeland Security Act of
2002 (6 U.S.C. 603, 604) have closed capability gaps
identified in State Preparedness Reports required under
subsection (c) of section 652 of the Post-Katrina Emergency
Management Reform Act of 2006 (6 U.S.C. 752; title VI of the
Department of Homeland Security Appropriations Act, 2007;
Public Law 109-295) and Threat and Hazard Identification and
Risk Assessments required under subsections (e) and (f) of
such sections 2003 and 2004, respectively, as added by this
Act, from each State and high-risk urban area, the
Administrator of the Federal Emergency Management Agency
shall conduct and submit to the Committee on Homeland
Security and the Committee on Transportation and
Infrastructure of the House of Representatives and the
Committee on Homeland Security and Governmental Affairs of
the Senate an assessment of information provided in those
reports and assessments.
(b) Assessment Requirements.--The assessment required under
subsection (a) shall include--
(1) a comparison of successive State Preparedness Reports
and Threat and Hazard Identification and Risk Assessments
that aggregates results across the States and high-risk urban
areas; and
(2) an assessment of the value and usefulness of State
Preparedness Reports and Threat and Hazard Identification and
Risk Assessments, including--
(A) the degree to which such reports and assessments are
data-driven and empirically supported;
(B) the degree to which such reports and assessments have
informed grant award decisions by the Federal Emergency
Management Agency;
(C) the degree to which grant award decisions by the
Federal Emergency Management Agency have demonstrably reduced
the risks identified in such reports and assessments;
(D) the degree to which such reports and assessments align
with Federal risk assessments, including counterterrorism
risk assessments, and the degree to which grant award
decisions by the Federal Emergency Management Agency have
reduced those federally identified risks;
(E) the degree to which capability gaps identified in such
reports and assessments have been mitigated; and
(F) options for improving State Preparedness Reports and
Threat and Hazard Identification and Risk Assessments so that
they better inform and align with grant award decisions by
the Federal Emergency Management Agency.
(c) Inspector General Evaluation.--The Inspector General of
the Department of Homeland Security shall submit to the
Committee on Homeland Security and the Committee on
Transportation and Infrastructure of the House of
Representatives and the Committee on Homeland Security and
Governmental Affairs of the Senate a report evaluating the
assessment conducted by the Administrator of the Federal
Emergency Management Agency under subsection (a).

SEC. 1411. GRANT MANAGEMENT BEST PRACTICES.

The Administrator of the Federal Emergency Management
Agency shall include on the website of the Federal Emergency
Management Agency the following:
(1) A summary of findings identified by the Office of the
Inspector General of the Department of Homeland Security in
audits of grants under sections 2003 and 2004 of the Homeland
Security Act of 2002 (6 U.S.C. 603, 604) and methods to
address areas identified for improvement, including
opportunities for technical assistance.
(2) Innovative projects and best practices instituted by
grant recipients.

SEC. 1412. PROHIBITION ON CONSOLIDATION.

(a) In General.--The Secretary of Homeland Security may not
implement the National Preparedness Grant Program or any
successor consolidated grant program unless the Secretary
receives prior authorization from Congress permitting such
implementation.
(b) Study.--Not later than 1 year after the date of
enactment of this Act, the Secretary of Homeland Security
shall conduct a study of consolidating preparedness grant
programs to--
(1) determine if the consolidated grant program would be
more efficient, effective, and cost effective; and
(2) assess whether the responsibility for managing the
preparedness grant programs should be relocated within the
Department of Homeland Security.

SEC. 1413. MAINTENANCE OF GRANT INVESTMENTS.

Section 2008 of the Homeland Security Act of 2002 (6 U.S.C.
609), as amended by section 1407, is amended by adding at the
end the following new subsection:
``(h) Maintenance of Equipment.--Any applicant for a grant
under section 2003 or 2004 seeking to use funds to purchase
equipment, including pursuant to paragraphs (3), (4), (5), or
(12) of subsection (a) of this section, shall by the time of
the receipt of such grant 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. 1414. TRANSIT SECURITY GRANT PROGRAM.

Section 1406 of the Implementing Recommendations of the 9/
11 Commission Act of 2007 (6 U.S.C. 1135) is amended--

[[Page S3671]]

(1) in subsection (b)(2)(A), by inserting ``and costs
associated with filling the positions of employees receiving
training during their absence'' after ``security training'';
and
(2) by striking subsection (m) and inserting the following
new subsections:
``(m) Periods of Performance.--Funds provided pursuant to a
grant awarded under this section for a use specified in
subsection (b) shall remain available for use by a grant
recipient for a period of not fewer than 36 months.''.

SEC. 1415. PORT SECURITY GRANT PROGRAM.

Section 70107 of title 46, United States Code, is amended
by--
(1) striking subsection (l);
(2) redesignating subsection (m) as subsection (l); and
(3) by adding at the end the following new subsections:
``(m) Period of Performance.--The Secretary shall make
funds provided under this section available for use by a
recipient of a grant for a period of not less than 36
months.''.

SEC. 1416. CYBER PREPAREDNESS.

(a) In General.--Section 2209 of the Homeland Security Act
of 2002, as so redesignated by section 1601(g), is amended--
(1) in subsection (c)--
(A) in paragraph (5)(B), by inserting ``, including the
National Network of Fusion Centers (as defined in section
210A), as appropriate'' before the semicolon at the end;
(B) in paragraph (7), in the matter preceding subparagraph
(A), by striking ``information and recommendations'' each
place it appears and inserting ``information,
recommendations, and best practices''; and
(C) in paragraph (9), by inserting ``best practices,''
after ``defensive measures,''; and
(2) in subsection (d)(1)(B)(ii), by inserting ``and State,
local, and regional fusion centers (as defined in section
201A), as appropriate'' before the semicolon at the end.
(b) Sense of Congress.--It is the sense of Congress that to
facilitate the timely dissemination to appropriate State,
local, and private sector stakeholders of homeland security
information related to cyber threats, the Secretary of
Homeland Security should, to the greatest extent practicable,
work to share actionable information in an unclassified form
related to such threats.

SEC. 1417. OPERATION STONEGARDEN.

(a) In General.--Subtitle A of title XX of the Homeland
Security Act of 2002 (6 U.S.C. 601 et seq.) is amended by
adding at the end the following:

``SEC. 2009. OPERATION STONEGARDEN.

``(a) Establishment.--There is established in the
Department a program to be known as `Operation Stonegarden'.
Under such program, the Secretary, acting through the
Administrator, shall make grants to eligible law enforcement
agencies, through the State Administrative Agency, to enhance
border security in accordance with this section.
``(b) Eligible Recipients.--To be eligible to receive a
grant under this section, a law enforcement agency shall--
``(1) be located in--
``(A) a State bordering either Canada or Mexico; or
``(B) a State or territory with a maritime border; and
``(2) be involved in an active, ongoing U.S. Customs and
Border Protection operation coordinated through a sector
office.
``(c) Permitted Uses.--The recipient of a grant under this
section may use such grant for any of the following:
``(1) Equipment, including maintenance and sustainment
costs.
``(2) Personnel costs, including overtime and backfill,
directly incurred in support of enhanced border law
enforcement activities.
``(3) Any activity permitted for Operation Stonegarden
under the Department of Homeland Security's Fiscal Year 2016
Homeland Security Grant Program Notice of Funding
Opportunity.
``(4) Any other appropriate activity, as determined by the
Administrator, in consultation with the Commissioner of U.S.
Customs and Border Protection.
``(d) Period of Performance.--The Secretary shall make
funds provided under this section available for use by a
recipient of a grant for a period of not less than 36 months.
``(e) Collection of Information.--For any fiscal year
beginning on or after the date that is 30 days after the date
of enactment of this section for which grants are made under
Operation Stonegarden, the Administrator shall separately
collect and maintain financial information with respect to
grants awarded under Operation Stonegarden, which shall
include--
``(1) the amount of the awards;
``(2) the amount obligated for the awards;
``(3) the amount of outlays under the awards;
``(4) financial plans with respect to the use of the
awards;
``(5) any funding transfers or reallocations; and
``(6) any adjustments to spending plans or reprogramming.
``(f) Oversight by the Administrator.--
``(1) In general.--The Administrator shall establish and
implement guidelines--
``(A) to ensure that amounts made available under Operation
Stonegarden are used in accordance with grant guidance and
Federal laws;
``(B) to improve program performance reporting and program
performance measurements to facilitate designing,
implementing, and enforcing procedures under Operation
Stonegarden; and
``(C) that require the recording of standardized
performance data regarding program output.
``(2) Submission.--Not later than 90 days after the date of
enactment of this section, the Administrator shall submit to
the Committee on Homeland Security and the Committee on
Oversight and Government Reform of the House of
Representatives and the Committee on Homeland Security and
Governmental Affairs of the Senate the guidelines established
under paragraph (1).
``(g) Financial Review Guidelines.--
``(1) In general.--The Administrator, in coordination with
the Commissioner of U.S. Customs and Border Protection, shall
develop and implement guidelines establishing procedures for
implementing the auditing and reporting requirements under
section 2022 with respect to Operation Stonegarden.
``(2) Submission.--Not later than 90 days after the date of
enactment of this section, the Administrator shall submit to
the Committee on Homeland Security and the Committee on
Oversight and Government Reform of the House of
Representatives and the Committee on Homeland Security and
Governmental Affairs of the Senate the guidelines established
under paragraph (1).
``(h) Report and Briefing.--The Administrator, in
coordination with the Commissioner of U.S. Customs and Border
Protection, shall, at least annually during each of fiscal
years 2018 through 2022, submit to the Committee on Homeland
Security and the Committee on Oversight and Government Reform
of the House of Representatives and the Committee on Homeland
Security and Governmental Affairs of the Senate a report and
briefing including--
``(1) for the period covered by the report--
``(A) information on how each recipient of a grant under
Operation Stonegarden expended amounts received under the
grant;
``(B) a list of all operations carried out using amounts
made available under Operation Stonegarden; and
``(C) for each operation described in subparagraph (B)--
``(i) whether the operation is active or completed;
``(ii) the targeted purpose of the operation;
``(iii) the location of the operation; and
``(iv) the total number of hours worked by employees of the
grant recipient and by employees of U.S. Customs and Border
Protection with respect to the operation, including the
number of hours for which such employees received basic pay
and the number of hours for which such employees received
premium pay, by type of premium pay; and
``(2) in the first report submitted under this subsection--
``(A) an examination of the effects changing the Operation
Stonegarden Program to award multi-year grants would have on
the mission of the program; and
``(B) the findings and recommendations of the Administrator
regarding what changes could improve the program to better
serve the program mission, which may include feedback from
grant recipients.''.
(b) Clerical Amendment.--The table of contents in section
1(b) of the Homeland Security Act of 2002 (Public Law 107-
296; 116 Stat. 2135) is amended by inserting after the item
relating to section 2008 the following:

``Sec. 2009. Operation Stonegarden.''.

SEC. 1418. NON-PROFIT SECURITY GRANT PROGRAM.

(a) In General.--Subtitle A of title XX of the Homeland
Security Act of 2002 (6 U.S.C. 601 et seq.), as amended by
section 1417 of this Act, is amended by adding at the end the
following:

``SEC. 2010. NON-PROFIT SECURITY GRANT PROGRAM.

``(a) Establishment.--There is established in the
Department a program to be known as the `Non-Profit Security
Grant Program' (in this section referred to as the
`Program'). Under the Program, the Secretary, acting through
the Administrator, shall make grants to eligible nonprofit
organizations described in subsection (b), through the State
in which such organizations are located, for target hardening
and other security enhancements to protect against terrorist
attacks.
``(b) Eligible Recipients.--Eligible nonprofit
organizations described in this subsection (a) are
organizations that are--
``(1) described in section 501(c)(3) of the Internal
Revenue Code of 1986 and exempt from tax under section 501(a)
of such Code; and
``(2) determined to be at risk of a terrorist attack by the
Administrator.
``(c) Permitted Uses.--The recipient of a grant under this
section may use such grant for any of the following:
``(1) Target hardening activities, including physical
security enhancement equipment and inspection and screening
systems.
``(2) Fees for security training relating to physical
security and cybersecurity, target hardening, terrorism
awareness, and employee awareness.
``(3) Any other appropriate activity related to security or
security training, as determined by the Administrator.
``(d) Allocation.--The Administrator shall ensure that not
less than an amount equal to 30 percent of the total funds
appropriated for grants under the Program for each fiscal
year is used for grants to eligible nonprofit organizations
described in subsection (b) that are located in jurisdictions
not receiving funding under section 2003.
``(e) Period of Performance.--The Administrator shall make
funds provided under this section available for use by a
recipient

[[Page S3672]]

of a grant for a period of not less than 36 months.''.
(b) Conforming Amendment.--Subsection (a) of section 2002
of the Homeland Security Act of 2002 (6 U.S.C. 603) is
amended by striking ``sections 2003 and 2004'' and inserting
``sections 2003, 2004, and 2010''.
(c) Clerical Amendment.--The table of contents in section
1(b) of the Homeland Security Act of 2002 (Public Law 107-
296; 116 Stat. 2135), as amended by section 1417(b), is
amended by inserting after the item relating to section 2009
the following:

``Sec. 2010. Non-Profit Security Grant Program.''.

SEC. 1419. STUDY OF THE USE OF GRANT FUNDS FOR CYBERSECURITY.

Not later than 120 days after the date of enactment of this
Act, the Comptroller General of the United States shall
conduct a study on the use of grant funds awarded pursuant to
section 2003 and section 2004 of the Homeland Security Act of
2002 (6 U.S.C. 604, 605), including information on the
following:
(1) The amount of grant funds invested or obligated
annually during fiscal years 2006 through 2016 to support
efforts to prepare for and respond to cybersecurity risks and
incidents (as such terms are defined in section 2209 of such
Act, as so redesignated by section 1601(g) of this Act).
(2) The degree to which grantees identify cybersecurity as
a capability gap in the Threat and Hazard Identification and
Risk Assessment required under subsections (e) and (f) of
sections 2003 and 2004 of such Act (6 U.S.C. 604, 605), as
added by this Act.
(3) Obstacles and challenges related to using grant funds
to improve cybersecurity.
(4) Plans for future efforts to encourage grantees to use
grant funds to improve cybersecurity capabilities.

SEC. 1420. JOINT COUNTERTERRORISM AWARENESS WORKSHOP SERIES.

(a) In General.--Title V of the Homeland Security Act of
2002 (6 U.S.C. 311 et seq.) is amended by adding at the end
the following:

``SEC. 529. JOINT COUNTERTERRORISM AWARENESS WORKSHOP SERIES.

``(a) In General.--The Administrator, in consultation with
the Director of the National Counterterrorism Center and the
Director of the Federal Bureau of Investigation, shall
establish a Joint Counterterrorism Awareness Workshop Series
(in this section referred to as the `Workshop Series') to--
``(1) address emerging terrorist threats; and
``(2) enhance the ability of State and local jurisdictions
to prevent, protect against, respond to, and recover from
terrorist attacks.
``(b) Purpose.--The Workshop Series established under
subsection (a) shall include--
``(1) reviewing existing preparedness, response, and
interdiction plans, policies, and procedures related to
terrorist attacks of the participating jurisdictions and
identifying gaps in those plans, operational capabilities,
response resources, and authorities;
``(2) identifying Federal, State, and local resources
available to address the gaps identified under paragraph (1);
``(3) providing assistance, through training, exercises,
and other means, to build or sustain, as appropriate, the
capabilities to close those identified gaps;
``(4) examining the roles and responsibilities of
participating agencies and respective communities in the
event of a terrorist attack;
``(5) improving situational awareness and information
sharing among all participating agencies in the event of a
terrorist attack; and
``(6) identifying and sharing best practices and lessons
learned from the Workshop Series.
``(c) Designation of Participating Cities.--The
Administrator shall select jurisdictions to host a Workshop
Series from those cities that--
``(1) are currently receiving, or that previously received,
funding under section 2003; and
``(2) have requested to be considered.
``(d) Workshop Series Participants.--Individuals from State
and local jurisdictions and emergency response providers in
cities designated under subsection (c) shall be eligible to
participate in the Workshop Series, including--
``(1) senior elected and appointed officials;
``(2) law enforcement;
``(3) fire and rescue;
``(4) emergency management;
``(5) emergency medical services;
``(6) public health officials;
``(7) private sector representatives;
``(8) representatives of nonprofit organizations; and
``(9) other participants as deemed appropriate by the
Administrator.
``(e) Reports.--
``(1) Workshop series report.--The Administrator, in
consultation with the Director of the National
Counterterrorism Center, the Director of the Federal Bureau
of Investigation, and officials from the city in which a
Workshop Series is held, shall develop and submit to all of
the agencies participating in the Workshop Series a report
after the conclusion of the Workshop Series that addresses--
``(A) key findings about lessons learned and best practices
from the Workshop Series; and
``(B) potential mitigation strategies and resources to
address gaps identified during the Workshop Series.
``(2) Annual reports.--Not later than 1 year after the date
of enactment of this section and annually thereafter for 5
years, the Administrator, in consultation with the Director
of the National Counterterrorism Center and the Director of
the Federal Bureau of Investigation, shall submit to the
Committee on Homeland Security and Governmental Affairs of
the Senate and the Committee on Homeland Security of the
House of Representatives a comprehensive summary report of
the key themes, lessons learned, and best practices
identified during the Workshop Series held during the
previous year.
``(f) Authorization.--There is authorized to be
appropriated $1,000,000 for each of fiscal years 2018 through
2022 to carry out this section.''.
(b) Technical and Conforming Amendment.--The table of
contents in section 1(b) of the Homeland Security Act of 2002
(Public Law 107-296; 116 Stat. 2135) is amended by inserting
after the item relating to section 528 the following:

``Sec. 529. Joint Counterterrorism Awareness Workshop Series.''.

SEC. 1421. EXERCISE ON TERRORIST AND FOREIGN FIGHTER TRAVEL;
NATIONAL EXERCISE PROGRAM.

(a) Exercise on Terrorist and Foreign Fighter Travel.--
(1) In general.--In addition to, or as part of, exercise
programs carried out by the Department of Homeland Security
as of the date of enactment of this Act, to enhance domestic
preparedness for and collective response to terrorism,
promote the dissemination of homeland security information,
and test the security posture of the United States, the
Secretary of Homeland Security, through appropriate offices
and components of the Department of Homeland Security and in
coordination with the relevant Federal departments and
agencies, shall, not later than 1 year after the date of
enactment of this Act, develop and conduct an exercise
related to the terrorist and foreign fighter threat.
(2) Exercise requirements.--The exercise required under
paragraph (1) shall include--
(A) a scenario involving--
(i) persons traveling from the United States to join or
provide material support or resources to a terrorist
organization abroad; and
(ii) terrorist infiltration into the United States,
including United States citizens and foreign nationals; and
(B) coordination with relevant Federal departments and
agencies, foreign governments, and State, local, tribal,
territorial, and private sector stakeholders.
(3) Report.--
(A) In general.--Not later than 60 days after the
completion of the exercise required under paragraph (1), the
Secretary of Homeland Security shall, consistent with the
protection of classified information, submit to the Committee
on Homeland Security and Governmental Affairs of the Senate
and the Committee on Homeland Security of the House of
Representatives an after-action report presenting the initial
findings of the exercise, including any identified or
potential vulnerabilities in United States defenses and any
legislative changes requested in light of the findings.
(B) Form.--The report required under subparagraph (A) shall
be submitted in unclassified form, but may include a
classified annex.
(b) Emerging Threats in the National Exercise Program.--
Section 648(b)(2)(A) of the Post-Katrina Emergency Management
Reform Act of 2006 (6 U.S.C. 748(b)(2)(A)) is amended--
(1) in clause (v), by striking ``and'' at the end; and
(2) by adding after clause (vi) the following:
``(vii) designed, to the extent practicable, to include
exercises addressing emerging terrorist threats, such as
scenarios involving United States citizens departing the
United States to enlist with or provide material support or
resources to terrorist organizations abroad or terrorist
infiltration into the United States, including United States
citizens and foreign nationals; and''.
(c) No Additional Funds Authorized.--No additional funds
are authorized to carry out the requirements of this section
and the amendments made by this section. The requirements of
this section and the amendments made by this section shall be
carried out using amounts otherwise authorized.

SEC. 1422. GRANTS ACCOUNTABILITY.

Section 2022 of the Homeland Security Act of 2002 (6.
U.S.C. 612) is amended--
(1) in subsection (a)(1)(B)--
(A) by striking ``The Department'' and inserting the
following:
``(i) In general.--The Department''; and
(B) by adding at the end the following:
``(ii) Inspector general review.--With respect to each
grant awarded, the Inspector General of the Department may--

``(I) examine any records of the contractor or grantee, any
of its subcontractors or subgrantees, or any State or local
agency or other entity in receipt of or administering any
grant awarded, that pertain to, and involve transactions
relating to the contract, subcontract, grant, or subgrant;
and
``(II) interview any officer or employee of the contractor
or grantee, any of its subcontractors or subgrantees, or any
State or local agency or other entity in receipt of or
administering any grant awarded, regarding transactions
relating to the contract, subcontract, grant, or subgrant.

[[Page S3673]]

``(iii) Rule of construction.--Nothing in clause (ii) may
be construed to limit or restrict the authority of the
Inspector General of the Department.'';
(2) in subsection (b)--
(A) in paragraph (1)--
(i) in subparagraph (A)--

(I) by striking ``a grant under section 2003 or 2004'' and
inserting ``a covered grant, any recipient, including'';
(II) by inserting a comma after ``tribe''; and
(III) by inserting ``or the Secretary, as appropriate under
the covered grant,'' after ``Administrator'';

(ii) in subparagraph (B)--

(I) in the matter preceding clause (i), by inserting
``recipient, including any'' after ``for the applicable'';
(II) in clause (i), by striking ``section 2003 or 2004''
and inserting ``the covered grant'';
(III) in clause (ii)--

(aa) by striking ``section 2003 or 2004'' and inserting
``the covered grant''; and
(bb) by striking ``and'' at the end;

(IV) in clause (iii)--

(aa) by striking ``summary'' and inserting ``detailed'';
and
(bb) by striking ``such funds'' and all that follows
through the period at the end and inserting the following:
``such funds, including--

``(I) the name of the recipient and the project or
activity;
``(II) a detailed description of the project or activity;
``(III) an evaluation of the completion status of the
project or activity;
``(IV) in the case of an infrastructure investment--

``(aa) the purpose, total expected cost, and rationale for
funding the infrastructure investment with funds made
available; and
``(bb) the name of the point of contact for the recipient
if there are questions concerning the infrastructure
investment; and

``(V) detailed information from each subgrantee, including
the information described in subparagraphs (I) through (IV),
on any subgrant awarded by the recipient; and''; and
(V) by adding at the end the following:

``(iv) the total amount of funds received to date under
each covered grant.'';
(iii) in subparagraph (C)--

(I) in the matter preceding clause (i)--

(aa) by striking ``subparagraph (A) by a'' and inserting
``subparagraph (A) by any recipient, including any'';
(bb) by inserting a comma after ``tribe''; and
(cc) by inserting ``, in addition to the contents required
under subparagraph (B)'' after ``shall include'';

(II) in clause (ii)--

(aa) by inserting ``total'' before ``amount''; and
(bb) by adding ``and'' at the end;

(III) in clause (iii)--

(aa) by striking ``apply within'' and inserting ``apply to
or within any recipient, including''; and
(bb) by striking ``; and'' and inserting a period; and

(IV) by striking clause (iv); and

(B) by adding at the end the following:
``(3) Required reporting for prior awarded grants.--Not
later than 180 days after the end of the quarter following
the date of enactment of this paragraph, each recipient of a
covered grant awarded before the date of enactment of this
paragraph shall provide the information required under this
subsection and thereafter comply with the requirements of
this subsection.
``(4) Assistance in reporting.--The Administrator or the
Secretary, as appropriate under the covered grant, in
coordination with the Director of the Office of Management
and Budget, shall provide for user-friendly means for grant
recipients to comply with the reporting requirements of this
subsection.
``(5) Subgrantee reporting.--Each grant recipient required
to report information under paragraph (1)(B)(iii)(V) shall
register with the System for Award Management database or
complete other registration requirements as determined
necessary by the Director of the Office of Management and
Budget.
``(6) Publication of information.--Not later than 7 days
after the date on which the Administrator or the Secretary,
as the case may be, receives the reports required to be
submitted under this subsection, the Administrator and the
Secretary shall make the information in the reports publicly
available, in a searchable database, on the website of the
Federal Emergency Management Agency or Department, as
appropriate.
``(7) Covered grant defined.--In this subsection, the term
`covered grant' means a grant awarded under--
``(A) this Act; or
``(B) a program described in paragraphs (1) through (6) of
section 2002(b) that is administered by the Department.'';
and
(3) by adding at the end the following:
``(d) Sunset and Disposition of Unexpended Grant Amounts.--
``(1) In general.--Except as may be otherwise provided in
the authorizing statute of a grant program, effective on the
date that is 5 years after the date on which grant funds are
distributed by the Administrator or the Secretary, as
appropriate, under a covered grant (as defined in subsection
(b)(7)), the authority of a covered grant recipient,
including any grantee or subgrantee, to obligate, provide,
make available, or otherwise expend those funds is
terminated.
``(2) Return of unexpended grant amounts.--Upon the
termination of authority under paragraph (1), any grant
amounts that have not been expended shall be returned to the
Administrator or the Secretary, as the case may be. The
Administrator or the Secretary, as the case may be, shall
deposit any grant amounts returned under this paragraph in
the General Fund of the Treasury in accordance with section
3302 of title 31, United States Code.
``(3) Awards to recipients returning grant funds.--On and
after the date on which the authority of a covered grant
recipient is terminated under paragraph (1) with respect to a
grant under a covered grant program, the Administrator or the
Secretary, as appropriate, may award a grant under the
covered grant program to the covered grant recipient, only
pursuant to the submission of a new grant application, in
accordance with the requirements of the grant program.
``(4) Applicability.--This subsection shall apply to any
grant awarded under a covered grant program on or after the
date of enactment of this subsection.''.

Subtitle B--Communications

SEC. 1431. RESPONSIBILITIES OF ASSISTANT DIRECTOR FOR
EMERGENCY COMMUNICATIONS.

(a) In General.--Section 1801(c) of the Homeland Security
Act of 2002 (6 U.S.C. 571(c)) is amended--
(1) by striking paragraph (3);
(2) by redesignating paragraphs (4) through (14) as
paragraphs (3) through (13), respectively;
(3) by redesignating paragraph (15) as paragraph (16);
(4) in paragraph (8), as so redesignated, by striking ``,
in cooperation with the National Communications System,'';
(5) in paragraph (11), as so redesignated, by striking
``Assistant Secretary for Grants and Training'' and inserting
``Administrator of the Federal Emergency Management Agency'';
(6) in paragraph (13), as so redesignated, by striking
``and'' at the end; and
(7) by inserting after paragraph (13) the following:
``(14) administer the Government Emergency
Telecommunications Service (GETS) and Wireless Priority
Service (WPS) programs, or successor programs;
``(15) assess the impact of emerging technologies on
interoperable emergency communications; and''.
(b) Performance of Previously Transferred Functions.--
Section 1801(d) of the Homeland Security Act of 2002 (6
U.S.C. 571(d)) is amended by--
(1) striking paragraph (2); and
(2) redesignating paragraph (3) as paragraph (2).

SEC. 1432. ANNUAL REPORTING ON ACTIVITIES OF THE EMERGENCY
COMMUNICATIONS DIVISION.

Section 1801(f) of the Homeland Security Act of 2002 (6
U.S.C. 571(f)) is amended to read as follows:
``(f) Annual Reporting of Division Activities.--The
Assistant Director for Emergency Communications shall, not
later than 1 year after the date of the enactment of this
subsection and annually thereafter for each of the next 4
years, report to the Committee on Homeland Security and the
Committee on Energy and Commerce of the House of
Representatives and the Committee on Homeland Security and
Governmental Affairs of the Senate on the activities and
programs of the Emergency Communications Division, including
specific information on efforts to carry out paragraphs (3),
(4), and (5) of subsection (c).''.

SEC. 1433. NATIONAL EMERGENCY COMMUNICATIONS PLAN.

Section 1802 of the Homeland Security Act of 2002 (6 U.S.C.
572) is amended--
(1) in subsection (a), in the matter preceding paragraph
(1)--
(A) by striking ``, and in cooperation with the Department
of National Communications System (as appropriate),''; and
(B) by inserting ``, but not less than once every 5
years,'' after ``periodically''; and
(2) in subsection (c)--
(A) by redesignating paragraphs (3) through (10) as
paragraphs (4) through (11), respectively; and
(B) by inserting after paragraph (2) the following new
paragraph:
``(3) consider the impact of emerging technologies on the
attainment of interoperable emergency communications;''.

SEC. 1434. TECHNICAL EDIT.

Section 1804(b)(1) of the Homeland Security Act of 2002 (6
U.S.C. 574(b)(1)) is amended, in the matter preceding
subparagraph (A), by striking ``Assistant Secretary for
Grants and Planning'' and inserting ``Administrator of the
Federal Emergency Management Agency''.

SEC. 1435. COMMUNICATIONS TRAINING.

The Under Secretary for Management of the Department of
Homeland Security, in coordination with the appropriate
component heads, shall develop a mechanism, consistent with
the strategy required pursuant to section 4 of the Department
of Homeland Security Interoperable Communications Act (Public
Law 114-29; 6 U.S.C. 194 note), to verify that radio users
within the Department receive initial and ongoing training on
the use of the radio systems of such components, including
interagency radio use protocols.

[[Page S3674]]

Subtitle C--Other Matters

SEC. 1451. TECHNICAL AND CONFORMING AMENDMENTS.

(a) Title V.--Title V of the Homeland Security Act of 2002
(6 U.S.C. 311 et seq.) is amended as follows:
(1) In section 501 (6 U.S.C. 311)--
(A) by redesignating paragraphs (9) through (14) as
paragraphs (10) through (15), respectively; and
(B) by inserting after paragraph (8) the following new
paragraph:
``(9) the term `Nuclear Incident Response Team' means a
resource that includes--
``(A) those entities of the Department of Energy that
perform nuclear or radiological emergency support functions
(including accident response, search response, advisory, and
technical operations functions), radiation exposure functions
at the medical assistance facility known as the Radiation
Emergency Assistance Center/Training Site (REAC/TS),
radiological assistance functions, and related functions; and
``(B) those entities of the Environmental Protection Agency
that perform such support functions (including radiological
emergency response functions) and related functions.''.
(2) By striking section 502 (6 U.S.C. 312).
(3) In section 504(a)(3)(B) (6 U.S.C. 314(a)(3)(B)), by
striking ``, the National Disaster Medical System,''.
(4) In section 506 (6 U.S.C. 316)--
(A) by striking subsection (b);
(B) by redesignating subsections (c) and (d) as subsections
(b) and (c) respectively; and
(C) in subsection (b), as so redesignated, by striking
``section 708'' each place it appears and inserting ``section
707''.
(5) In section 509(c)(2) (6 U.S.C. 319(c)(2)), in the
matter preceding subparagraph (A), by striking ``section
708'' and inserting ``section 707''.
(b) Title XX.--Title XX of the Homeland Security Act of
2002 (6 U.S.C. 601 et seq.) is amended--
(1) in section 2001 (6 U.S.C. 601)--
(A) by striking paragraph (13);
(B) by redesignating paragraphs (3) through (12) as
paragraphs (4) through (13), respectively; and
(C) by inserting after paragraph (2) the following:
``(3) Core capabilities.--The term `core capabilities'
means the capabilities for Federal, State, local, and tribal
government preparedness for which guidelines are required to
be established under section 646(a) of the Post-Katrina
Emergency Management Reform Act of 2006 (6 U.S.C. 746(a)).'';
(2) in subsection (k)(1) of section 2005 (6 U.S.C. 606), as
so redesignated by section 1403, by striking ``target'' and
inserting ``core''; and
(3) in section 2021(d)(3) (6 U.S.C. 611(d)(3)), by striking
``target'' each place it appears and inserting ``core''.
(c) Implementing Recommendations of the 9/11 Commission Act
of 2007.--Section 1204 of the Implementing Recommendations of
the 9/11 Commission Act of 2007 (6 U.S.C. 1102) is amended--
(1) in subsection (b)(4), by striking ``Rescue'' and
inserting ``Recovery''; and
(2) in subsection (d)(2), by striking ``Rescue'' and
inserting ``Recovery''.

TITLE V--FEDERAL EMERGENCY MANAGEMENT AGENCY

SEC. 1501. SHORT TITLE.

This title may be cited as the ``FEMA Reauthorization Act
of 2018''.

SEC. 1502. REAUTHORIZATION OF FEDERAL EMERGENCY MANAGEMENT
AGENCY.

Section 699 of the Post-Katrina Emergency Management Reform
Act of 2006 (6 U.S.C. 811) is amended--
(1) by striking ``administration and operations'' each
place the term appears and inserting ``management and
administration'';
(2) in paragraph (2), by striking ``and'' at the end;
(3) in paragraph (3), by striking the period at the end and
inserting ``; and''; and
(4) by adding at the end the following:
``(4) for fiscal year 2018, $1,049,000,000;
``(5) for fiscal year 2019, $1,065,784,000; and
``(6) for fiscal year 2020, $1,082,836,544.''.

SEC. 1503. NATIONAL DOMESTIC PREPAREDNESS CONSORTIUM.

Section 1204 of the Implementing Recommendations of the 9/
11 Commission Act of 2007 (6 U.S.C. 1102) is amended--
(1) in subsection (c), by inserting ``to the extent
practicable, provide training in settings that simulate real
response environments, such as urban areas,'' after
``levels,'';
(2) in subsection (d), by striking paragraphs (1) and (2)
and inserting the following:
``(1) for the Center for Domestic Preparedness--
``(A) $63,939,000 for fiscal year 2018;
``(B) $64,962,024 for fiscal year 2019; and
``(C) $66,001,416 for fiscal year 2020; and
``(2) for the members of the National Domestic Preparedness
Consortium described in paragraphs (2) through (7) of
subsection (b)--
``(A) $101,000,000 for fiscal year 2018;
``(B) $102,606,000 for fiscal year 2019; and
``(C) $104,247,856 for fiscal year 2020.''; and
(3) in subsection (e)--
(A) in the matter preceding paragraph (1)--
(i) by striking ``each of the following entities'' and
inserting ``members of the National Domestic Preparedness
Consortium enumerated in subsection (b)''; and
(ii) by striking ``2007--'' and inserting ``2015.'' and
(B) by striking paragraphs (1) through (5).

SEC. 1504. RURAL DOMESTIC PREPAREDNESS CONSORTIUM.

(a) In General.--The Secretary of Homeland Security is
authorized to establish a Rural Domestic Preparedness
Consortium within the Department of Homeland Security
consisting of universities and nonprofit organizations
qualified to provide training to emergency response providers
(as defined in section 2 of the Homeland Security Act of 2002
(6 U.S.C. 101)) from rural communities (as defined by the
Federal Emergency Management Agency).
(b) Duties.--The Rural Domestic Preparedness Consortium
authorized under subsection (a) 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 the Department of
Homeland Security.
(c) Authorization of Appropriations.--Of amounts
appropriated for Continuing Training Grants of the Department
of Homeland Security, $5,000,000 is authorized to be used for
the Rural Domestic Preparedness Consortium authorized under
subsection (a).

SEC. 1505. CENTER FOR FAITH-BASED AND NEIGHBORHOOD
PARTNERSHIPS.

(a) In General.--Title V of the Homeland Security Act of
2002 (6 U.S.C. 311 et seq.), as amended by section 1420 of
this Act, is amended by adding at the end the following:

``SEC. 530. CENTER FOR FAITH-BASED AND NEIGHBORHOOD
PARTNERSHIPS.

``(a) In General.--There is established in the Agency a
Center for Faith-Based and Neighborhood Partnerships, headed
by a Director appointed by the Secretary.
``(b) Mission.--The mission of the Center shall be to
develop and coordinate departmental outreach efforts with
faith-based and community organizations and serve as a
liaison between those organizations and components of the
Department for activities related to securing facilities,
emergency preparedness and response, and combating human
trafficking.
``(c) Responsibilities.--In support of the mission of the
Center for Faith-Based and Neighborhood Partnerships, the
Director shall--
``(1) develop exercises that engage faith-based and
community organizations to test capabilities for all hazards,
including active shooter incidents;
``(2) 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;
``(3) conduct outreach to faith-based and community
organizations regarding guidance, training, and exercises and
departmental capabilities available to assist faith-based and
community organizations to secure their facilities against
natural disasters, acts of terrorism, and other man-made
disasters;
``(4) facilitate engagement and coordination among the
emergency management community and faith-based and community
organizations;
``(5) deliver training and technical assistance to faith-
based and community organizations and provide subject-matter
expertise related to anti-human trafficking efforts to help
communities successfully partner with other components of the
Blue Campaign of the Department; and
``(6) perform any other duties as assigned by the
Administrator.''.
(b) Clerical Amendment.--The table of contents in section
1(b) of the Homeland Security Act of 2002 (Public Law 107-
296; 116 Stat. 2135), as amended by section 1420, is amended
by inserting after the item relating to section 529 the
following:

``Sec. 530. Center For Faith-Based And Neighborhood Partnerships.''.

SEC. 1506. EMERGENCY SUPPORT FUNCTIONS.

(a) Update.--Paragraph (14) of section 504(a) of the
Homeland Security Act of 2002 (6 U.S.C. 314(a)), as so
redesignated by section 1520, is amended by inserting ``,
periodically updating (but not less often than once every 5
years),'' after ``administering''.
(b) Emergency Support Functions.--Section 653 of the Post-
Katrina Emergency Management Reform Act of 2006 (6 U.S.C.
753) is amended--
(1) by redesignating subsections (d) and (e) as subsections
(e) and (f), respectively; and
(2) by inserting after subsection (c) the following:
``(d) Coordination.--The President, acting through the
Administrator, shall 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 the
National Response Framework.''.

SEC. 1507. REVIEW OF NATIONAL INCIDENT MANAGEMENT SYSTEM.

Section 509(b)(2) of the Homeland Security Act of 2002 (6
U.S.C. 319(b)(2)) is amended, in the matter preceding
subparagraph (A), by inserting ``, but not less often than
once every 5 years,'' after ``periodically''.

SEC. 1508. REMEDIAL ACTION MANAGEMENT PROGRAM.

Section 650 of the Post-Katrina Emergency Management Reform
Act of 2006 (6 U.S.C. 750) is amended to read as follows:

``SEC. 650. REMEDIAL ACTION MANAGEMENT PROGRAM.

``(a) In General.--The Administrator, in coordination with
the National Council on

[[Page S3675]]

Disability and the National Advisory Council, shall establish
a remedial action management program to--
``(1) analyze training, exercises, and real world events to
identify lessons learned, corrective actions, and best
practices;
``(2) generate and disseminate, as appropriate, the lessons
learned, corrective actions, and best practices described in
paragraph (1); and
``(3) conduct remedial action tracking and long-term trend
analysis.
``(b) Federal Corrective Actions.--The Administrator, in
coordination with the heads of appropriate Federal
departments and agencies, shall--
``(1) utilize the program established under subsection (a)
to collect information on corrective actions identified by
such Federal departments and agencies during exercises and
the response to natural disasters, acts of terrorism, and
other man-made disasters; and
``(2) not later than 1 year after the date of the enactment
of the FEMA Reauthorization Act of 2018 and annually
thereafter for each of the next 4 years, submit to Congress a
report on the status of those corrective actions.
``(c) Dissemination of After Action Reports.--The
Administrator shall provide electronically, to the maximum
extent practicable, to Congress and Federal, State, local,
tribal, and private sector officials after-action reports and
information on lessons learned and best practices from
responses to acts of terrorism, natural disasters, capstone
exercises conducted under the national exercise program under
section 648(b), and other emergencies or exercises.''.

SEC. 1509. CENTER FOR DOMESTIC PREPAREDNESS.

The Administrator of the Federal Emergency Management
Agency shall--
(1) develop an implementation plan, including benchmarks
and milestones, to address the findings and recommendations
of the 2017 Management Review Team that issued a report on
May 8, 2017, regarding live agent training at the Chemical,
Ordnance, Biological and Radiological Training Facility; and
(2) provide to the Committee on Homeland Security and the
Committee on Transportation and Infrastructure of the House
of Representatives and the Committee on Homeland Security and
Governmental Affairs of the Senate updates and information 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 the Federal Emergency Management Agency,
including, as necessary, information on additional resources
or authority needed to implement such recommendations.

SEC. 1510. FEMA SENIOR LAW ENFORCEMENT ADVISOR.

(a) In General.--Title V of the Homeland Security Act of
2002 (6 U.S.C. 311 et seq.), as amended by section 1505 of
this Act, is amended by adding at the end the following:

``SEC. 531. SENIOR LAW ENFORCEMENT ADVISOR.

``(a) Establishment.--The Administrator shall appoint a
Senior Law Enforcement Advisor to serve as a qualified expert
to the Administrator for the purpose of strengthening the
Agency's coordination among State, local, and tribal law
enforcement.
``(b) Qualifications.--The Senior Law Enforcement Advisor
shall have an appropriate background with experience in law
enforcement, information sharing, and other emergency
response functions.
``(c) Responsibilities.--The Senior Law Enforcement Advisor
shall--
``(1) coordinate on behalf of the Administrator with the
Office for State and Local Law Enforcement under section 2006
for the purpose of ensuring State, local, and tribal law
enforcement receive consistent and appropriate 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 within the United States;
``(2) work with the Administrator and the Office for State
and Local Law Enforcement under section 2006 to ensure grants
to State, local, and tribal government agencies, including
programs under sections 2003, 2004, and 2006(a),
appropriately focus on terrorism prevention activities; and
``(3) serve other appropriate functions as determined by
the Administrator.''.
(b) Clerical Amendment.--The table of contents in section
1(b) of the Homeland Security Act of 2002 (Public Law 107-
296; 116 Stat. 2135), as amended by section 1505, is amended
by inserting after the item relating to section 530 the
following:

``Sec. 531. Senior Law Enforcement Advisor.''.

SEC. 1511. TECHNICAL EXPERT AUTHORIZED.

Section 503(b)(2) of the Homeland Security Act of 2002 (6
U.S.C. 313(b)(2)) is amended--
(1) in subparagraph (G), by striking ``and'' at the end;
(2) in subparagraph (H), by striking the period at the end
and inserting ``; and''; and
(3) by adding at the end the following:
``(I) identify and integrate the needs of children into
activities to prepare for, protect against, respond to,
recover from, and mitigate against natural disasters, acts of
terrorism, and other man-made disasters, including
catastrophic incidents, including by appointing a technical
expert, who may consult with relevant outside organizations
and experts, as necessary, to coordinate such activities, as
necessary.''.

SEC. 1512. MISSION SUPPORT.

(a) Establishment.--The Administrator of the Federal
Emergency Management Agency shall designate an individual to
serve as the chief management official and principal advisor
to the Administrator on matters related to the management of
the Federal Emergency Management Agency, including management
integration in support of emergency management operations and
programs.
(b) Mission and Responsibilities.--The Administrator of the
Federal Emergency Management Agency, acting through the
official designated pursuant to subsection (a), shall be
responsible for the management and administration of the
Federal Emergency Management Agency, including with respect
to the following:
(1) Procurement.
(2) Human resources and personnel.
(3) Information technology and communications systems.
(4) 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.
(5) Security for personnel, information technology and
communications systems, facilities, property, equipment, and
other material resources.
(6) Any other management duties that the Administrator may
designate.
(c) Mount Weather Emergency Operations and Associated
Facilities.--Nothing in this section shall be construed as
limiting or otherwise affecting the role or responsibility of
the Assistant Administrator for National Continuity Programs
with respect to the matters described in subsection (b) as
such matters relate to the Mount Weather Emergency Operations
Center and associated facilities. The management and
administration of the Mount Weather Emergency Operations
Center and associated facilities remain the responsibility of
the Assistant Administrator for National Continuity Programs.
(d) Report.--Not later than 270 days after the date of
enactment of this Act, the Administrator of the Federal
Emergency Management Agency shall submit to the Committee on
Homeland Security and the Committee on Transportation and
Infrastructure of the House of Representatives and the
Committee on Homeland Security and Governmental Affairs of
the Senate a report that includes--
(1) a review of financial, human capital, information
technology, real property planning, and acquisition
management of headquarters and all regional offices of the
Federal Emergency Management Agency; and
(2) a strategy for capturing financial, human capital,
information technology, real property planning, and
acquisition data.

SEC. 1513. STRATEGIC HUMAN CAPITAL PLAN.

Section 10102(c) of title 5, United States Code, is amended
by striking ``2007'' and inserting ``2019''.

SEC. 1514. OFFICE OF DISABILITY INTEGRATION AND COORDINATION
OF DEPARTMENT OF HOMELAND SECURITY.

(a) Office of Disability Integration and Coordination.--
(1) In general.--Section 513 of the Homeland Security Act
of 2002 (6 U.S.C. 321b) is amended to read as follows:

``SEC. 513. OFFICE OF DISABILITY INTEGRATION AND
COORDINATION.

``(a) In General.--There is established within the Agency
an Office of Disability Integration and Coordination (in this
section referred to as the `Office'), which shall be headed
by a Director.
``(b) Mission.--The mission of the Office is to ensure that
individuals with disabilities and other access and functional
needs are included in emergency management activities
throughout the Agency by providing guidance, tools, methods,
and strategies for the purpose of equal physical program and
effective communication access.
``(c) Responsibilities.--In support of the mission of the
Office, the Director shall--
``(1) provide 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) oversee Office employees responsible for disability
integration in each regional office with respect to carrying
out the mission of the Office;
``(3) liaise with other employees of the Agency, including
nonpermanent employees, organizations representing
individuals with disabilities, 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;
``(4) coordinate with the technical expert on the needs of
children within the Agency to provide guidance and
coordination on matters related to children with disabilities
in emergency planning requirements and relief efforts in the
event of a natural disaster, act of terrorism, or other man-
made disaster;
``(5) consult with organizations representing individuals
with disabilities about access and functional needs in
emergency planning requirements and relief efforts in the
event of a natural disaster, act of terrorism, or other man-
made disaster;

[[Page S3676]]

``(6) ensure the coordination and dissemination of best
practices and model evacuation plans for individuals with
disabilities;
``(7) collaborate with Agency leadership responsible for
training to ensure that qualified experts develop easily
accessible training materials and a curriculum for the
training of emergency response providers, State, local, and
tribal government officials, and others on the needs of
individuals with disabilities;
``(8) coordinate with the Emergency Management Institute,
the Center for Domestic Preparedness, Center for Homeland
Defense and Security, the United States Fire Administration,
the national exercise program described in section 648(b) of
the Post-Katrina Emergency Management Reform Act of 2006 (6
U.S.C. 748(b)), and the National Domestic Preparedness
Consortium to ensure that content related to persons with
disabilities, access and functional needs, and children are
integrated into existing and future emergency management
trainings;
``(9) promote the accessibility of telephone hotlines and
websites regarding emergency preparedness, evacuations, and
disaster relief;
``(10) work 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;
``(11) ensure the availability of accessible transportation
options for individuals with disabilities in the event of an
evacuation;
``(12) provide guidance and implement policies to ensure
that the rights and feedback of individuals with disabilities
regarding post-evacuation residency and relocation are
respected;
``(13) ensure that meeting the needs of individuals with
disabilities are included in the components of the national
preparedness system established under section 644 of the
Post-Katrina Emergency Management Reform Act of 2006 (6
U.S.C. 744); and
``(14) perform any other duties as assigned by the
Administrator.
``(d) Director.--After consultation with organizations
representing individuals with disabilities, the Administrator
shall appoint a Director. The Director 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.
``(e) Organizations Representing Individuals With
Disabilities Defined.--For purposes of this section, the term
`organizations representing individuals with disabilities'
means the National Council on Disabilities, the Interagency
Coordinating Council on Preparedness and Individuals with
Disabilities, and other appropriate disability
organizations.''.
(2) Clerical amendment.--The table of contents in section
1(b) of the Homeland Security Act of 2002 (Public Law 107-
296; 116 Stat. 2135) is amended by striking the item relating
to section 513 and inserting the following:

``513. Office of Disability Integration and Coordination.''.
(b) Report to Congress.--Not later than 120 days after the
date of the enactment of this Act, the Administrator of the
Federal Emergency Management Agency shall submit to Congress
a report on the funding and staffing needs of the Office of
Disability Integration and Coordination under section 513 of
the Homeland Security Act of 2002, as amended by subsection
(a).

SEC. 1515. MANAGEMENT COSTS.

Section 324 of the Robert T. Stafford Disaster Relief and
Emergency Assistance Act (42 U.S.C. 5165b) is amended--
(1) in subsection (a), by striking ``any administrative
expense, and any other expense not directly chargeable to''
and inserting ``direct administrative cost, and any other
administrative expense associated with''; and
(2) in subsection (b)--
(A) by striking ``Notwithstanding'' and inserting the
following:
``(1) In general.--Notwithstanding'';
(B) in paragraph (1), as so designated, by striking
``establish'' and inserting ``implement''; and
(C) by adding at the end the following:
``(2) Specific management costs.--The Administrator shall
provide for management costs, 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 404 may
be reimbursed for direct and indirect administrative costs in
a total amount of 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 403,
406, 407, and 502 may be reimbursed direct and indirect
administrative costs in a total amount of 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.''.

SEC. 1516. PERFORMANCE OF SERVICES.

Section 306 of the Robert T. Stafford Disaster Relief and
Emergency Assistance Act (42 U.S.C. 5149) is amended by
adding at the end the following:
``(c) The Administrator of the Federal Emergency Management
Agency may 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.''.

SEC. 1517. STUDY TO STREAMLINE AND CONSOLIDATE INFORMATION
COLLECTION.

Not later than 1 year after the date of enactment of this
Act, the Administrator of the Federal Emergency Management
Agency shall--
(1) in coordination with the Small Business Administration,
the Department of Housing and Urban Development, and other
appropriate agencies, conduct a study and develop a plan,
consistent with law, under which the collection of
information from disaster assistance applicants and grantees
will be modified, streamlined, expedited, consolidated, and
simplified to be less burdensome, duplicative, and time
consuming, and more efficient and flexible, for applicants
and grantees;
(2) in coordination with the Small Business Administration,
the Department of Housing and Urban Development, and other
appropriate agencies, develop a plan for the regular
collection and reporting of information on Federal disaster
assistance awarded, including the establishment and
maintenance of a website for presenting the information to
the public; and
(3) submit to the Committee on Transportation and
Infrastructure of the House of Representatives and the
Committee on Homeland Security and Governmental Affairs of
the Senate--
(A) the plans developed under paragraphs (1) and (2); and
(B) recommendations, if any, of the Administrator for
legislative changes to streamline or consolidate the
collection or reporting of information, as described in
paragraphs (1) and (2).

SEC. 1518. AGENCY ACCOUNTABILITY.

Title IV of the Robert T. Stafford Disaster Relief and
Emergency Assistance Act (42 U.S.C. 5170 et seq.) is amended
by adding at the end the following:

``SEC. 430. AGENCY ACCOUNTABILITY.

``(a) Public Assistance.--Not later than 5 days after the
date on which an award of a public assistance grant is made
under section 406 that is in excess of $1,000,000, the
Administrator of the Federal Emergency Management Agency
(referred to in this section as the `Administrator') shall
publish on the website of the Federal Emergency Management
Agency (referred to in this section as the `Agency') the
specifics of each such grant award, including identifying--
``(1) the Federal Emergency Management Agency Region;
``(2) the major disaster or emergency declaration number;
``(3) the State, county, and applicant name;
``(4) if the applicant is a private nonprofit organization;
``(5) the damage category code;
``(6) the amount of the Federal share obligated; and
``(7) the date of the award.
``(b) Mission Assignments.--
``(1) In general.--Not later than 5 days after the date on
which a mission assignment or mission assignment task order
is issued under section 402(1) or section 502(a)(1), the
Administrator shall publish on the website of the Agency any
mission assignment or mission assignment task order to
another Federal department or agency regarding a major
disaster in excess of $1,000,000, including--
``(A) the name of the impacted State or Indian tribe;
``(B) the major disaster declaration for such State or
Indian tribe;
``(C) the assigned agency;
``(D) the assistance requested;
``(E) a description of the major disaster;
``(F) the total cost estimate;
``(G) the amount obligated;
``(H) the State or tribal cost share, if applicable;
``(I) the authority under which the mission assignment or
mission assignment task order was directed; and
``(J) if applicable, the date on which a State or Indian
tribe requested the mission assignment.
``(2) Recording changes.--Not later than 10 days after the
last day of each month until a mission assignment or mission
assignment task order described in paragraph (1) is completed
and closed out, the Administrator shall update any changes to
the total cost estimate and the amount obligated.
``(c) Disaster Relief Monthly Report.--Not later than 10
days after the first day of each month, the Administrator
shall publish reports on the website of the Agency, including
a specific description of the methodology and the source data
used in developing such reports, including--
``(1) an estimate of the amounts for the fiscal year
covered by the President's most recent budget pursuant to
section 1105(a) of title 31, United States Code, including--
``(A) the unobligated balance of funds to be carried over
from the prior fiscal year to the budget year;
``(B) the unobligated balance of funds to be carried over
from the budget year to the year after the budget year;
``(C) the amount of obligations for noncatastrophic events
for the budget year;

[[Page S3677]]

``(D) the amount of obligations for the budget year for
catastrophic events, as defined under the National Response
Framework, delineated by event and by State;
``(E) the total amount that has been previously obligated
or will be required for catastrophic events delineated by
event and by State for all prior years, the current fiscal
year, the budget year, and each fiscal year thereafter;
``(F) the amount of previously obligated funds that will be
recovered for the budget year;
``(G) the amount that will be required for obligations for
emergencies, major disasters, fire management assistance
grants, as described in section 420, surge activities, and
disaster readiness and support activities; and
``(H) the amount required for activities not covered under
section 251(b)(2)(D)(iii) of the Balanced Budget and
Emergency Deficit Control Act of 1985 (2 U.S.C.
901(b)(2)(D)(iii));
``(2) a summary of the amount for disaster relief of--
``(A) appropriations made available by source;
``(B) the transfers executed;
``(C) the previously allocated funds recovered; and
``(D) the commitments, allocations, and obligations made;
``(3) a table of disaster relief activity delineated by
month, including--
``(A) the beginning and ending balances;
``(B) the total obligations to include amounts obligated
for fire assistance, emergencies, surge, and disaster support
activities;
``(C) the obligations for catastrophic events delineated by
event and by State; and
``(D) the amount of previously obligated funds that are
recovered;
``(4) a summary of allocations, obligations, and
expenditures for catastrophic events delineated by event;
``(5) the cost with respect to--
``(A) public assistance;
``(B) individual assistance;
``(C) mitigation;
``(D) administrative activities;
``(E) operations; and
``(F) any other relevant category (including emergency
measures and disaster resources) delineated by major
disaster; and
``(6) the date on which funds appropriated will be
exhausted.
``(d) Contracts.--
``(1) Information.--
``(A) In general.--Not later than 10 days after the first
day of each month, the Administrator shall publish on the
website of the Agency the specifics of each contract in
excess of $1,000,000 that the Agency enters into during the
previous month, including--
``(i) the name of the party;
``(ii) the date the contract was awarded;
``(iii) the amount and scope of the contract;
``(iv) if the contract was awarded through competitive
bidding process;
``(v) if no competitive bidding process was used, the
reason why competitive bidding was not used; and
``(vi) the authority used to bypass the competitive bidding
process.
``(B) Requirement.--The information required to be
published under subparagraph (A) shall be delineated by major
disaster, if applicable, and specify the damage category
code, if applicable.
``(2) Report.--Not later than 10 days after the last day of
the fiscal year, the Administrator shall provide a report to
the Committee on Homeland Security and Governmental Affairs
of the Senate and the Committee on Transportation and
Infrastructure of the House of Representatives summarizing
the following information for the preceding fiscal year:
``(A) The number of contracts awarded without competitive
bidding.
``(B) The reasons why a competitive bidding process was not
used.
``(C) The total amount of contracts awarded with no
competitive bidding.
``(D) The damage category codes, if applicable, for
contracts awarded without competitive bidding.''.

SEC. 1519. NATIONAL PUBLIC INFRASTRUCTURE PREDISASTER HAZARD
MITIGATION.

(a) Predisaster Hazard Mitigation.--Section 203 of the
Robert T. Stafford Disaster Relief and Emergency Assistance
Act (42 U.S.C. 5133) is amended--
(1) in subsection (c) by inserting ``Public
Infrastructure'' after ``the National'';
(2) in subsection (e)(1)(B)--
(A) in clause (ii), by striking ``or'' at the end;
(B) in clause (iii), by striking the period and inserting
``; or''; and
(C) by adding at the end the following:
``(iv) to establish and carry out enforcement activities to
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 Act for the purpose of
protecting the health, safety, and general welfare of the
buildings' users against disasters.'';
(3) in subsection (f)--
(A) in paragraph (1) by inserting ``for mitigation
activities that are cost effective'' after ``competitive
basis''; and
(B) by adding at the end the following:
``(3) Redistribution of unobligated amounts.--The President
may--
``(A) withdraw amounts of financial assistance made
available to a State (including amounts made available to
local governments of a State) under this subsection that
remain unobligated by the end of the third fiscal year after
the fiscal year for which the amounts were allocated; and
``(B) in the fiscal year following a fiscal year in which
amounts were withdrawn under subparagraph (A), add the
amounts to any other amounts available to be awarded on a
competitive basis pursuant to paragraph (1).'';
(4) in subsection (g), in the matter preceding paragraph
(1), by inserting ``provide financial assistance only in
States that have received a major disaster declaration during
the previous 7-year period and'' after ``President shall'';
(5) by striking subsection (i) and inserting the following:
``(i) National Public Infrastructure Predisaster Mitigation
Assistance.--
``(1) In general.--The President may set aside from the
Disaster Relief Fund, with respect to each major disaster, an
amount equal to 6 percent of the estimated aggregate amount
of the grants to be made pursuant to sections 403, 406, 407,
408, 410, and 416 for the major disaster in order to provide
technical and financial assistance under this section.
``(2) Estimated aggregate amount.--Not later than 180 days
after each major disaster declaration pursuant to this Act,
the estimated aggregate amount of grants for purposes of
paragraph (1) shall be determined by the President and such
estimated amount need not be reduced, increased, or changed
due to variations in estimates.
``(3) No reduction in amounts.--The amount set aside
pursuant to paragraph (1) shall not reduce the amounts
otherwise made available for sections 403, 404, 406, 407,
408, 410, and 416 under this Act.'';
(6) by striking subsections (j) and (m); and
(7) by redesignating subsections (k), (l), and (n) as
subsections (j), (k), and (l), respectively.
(b) Applicability.--The amendments made to section 203 of
the Robert T. Stafford Disaster Relief and Emergency
Assistance Act (42 U.S.C. 5133) by paragraphs (3) and (5) of
subsection (a) of this Act shall apply to funds appropriated
after the date of enactment of this Act.
(c) Report.--
(1) Definitions.--In this subsection--
(A) the term ``Administrator'' means the Administrator of
the Federal Emergency Management Agency;
(B) the term ``appropriate committees of Congress'' means--
(i) the Committee on Homeland Security and Governmental
Affairs of the Senate;
(ii) the Committee on Appropriations of the Senate;
(iii) the Committee on Transportation and Infrastructure of
the House of Representatives; and
(iv) the Committee on Appropriations of the House of
Representatives; and
(C) the term ``public assistance grant program'' means the
public assistance grant program authorized under sections
403, 406, 407, 418, 419, 428, and 502(a) of the Robert T.
Stafford Disaster Relief and Emergency Assistance Act (42
U.S.C. 5170b, 5172, 5173, 5185, 5186, 5189f, and 5192(a)).
(2) Report.--Not later than 120 days after the date of
enactment of this Act, the Administrator shall submit to the
appropriate committees of Congress a report detailing the
implications of the amendments made by subsection (a) on the
fiscal health of the Disaster Relief Fund, including--
(A) a justification, cost-benefit analysis, and impact
statement of the percentage utilized to fund the amendments;
(B) an assessment of the extent to which the extra spending
could place stress on the Disaster Relief Fund, as calculated
under section 251(b)(2)(D) of the Balanced Budget and
Emergency Deficit Control Act of 2985 (2 U.S.C.
901(b)(2)(D)), increase the pace of spending, and impact
whether supplemental funding would be required more
frequently to deal with future major disasters declared under
section 401 of the Robert T. Stafford Disaster Relief and
Emergency Assistance Act (42 U.S.C. 5170);
(C) an expenditure plan detailing--
(i) anticipated application guidelines for grantees;
(ii) a period of performance schedule;
(iii) anticipated project life cycle costs and expected
expenditure rates;
(iv) planning requirements for grantees;
(v) a program schedule to ensure that the annual fund
carryover does not exceed $100,000,000; and
(vi) a program review and investigation schedule to prevent
waste, fraud, and abuse;
(D) an assessment of how the amendments could be
implemented to encourage mitigation that addresses risks to
the most costly disaster impacts in order to reduce--
(i) impacts on the Disaster Relief Fund and the public
assistance grant program, in particular grants to mitigate
damage to infrastructure and buildings; and
(ii) Federal expenditures for future major disasters
declared under section 401 the Robert T. Stafford Disaster
Relief and Emergency Assistance Act (42 U.S.C. 5170); and
(E) an assessment of the appropriate balance of
expenditures under section 203(i) of the Robert T. Stafford
Disaster Relief and Emergency Assistance Act (42 U.S.C.
5133(i)), as amended by subsection (a), for planning and for
projects; and

[[Page S3678]]

(F) the strategy by which project will be weighted and
applications assessed to include repetitive loss, location,
elevation, overall risk, and the ability for a grantee to
make complementary investments in other mitigation efforts.

SEC. 1520. TECHNICAL AMENDMENTS TO NATIONAL EMERGENCY
MANAGEMENT.

(a) Homeland Security Act of 2002.--The Homeland Security
Act of 2002 (6 U.S.C. 101 et seq.) is amended--
(1) in section 501(8) (6 U.S.C. 311(8))--
(A) by striking ``National Response Plan'' each place the
term appears and inserting ``National Response Framework'';
and
(B) by striking ``502(a)(6)'' and inserting ``504(a)(6)'';
(2) in section 503(b)(2)(A) (6 U.S.C. 313(b)(2)(A)) by
inserting ``and incidents impacting critical infrastructure''
before the semicolon;
(3) in section 504(a) (6 U.S.C. 314(a))--
(A) in paragraph (3) by striking ``, including--'' and
inserting ``(which shall include incidents impacting critical
infrastructure), including--'';
(B) in paragraph (4) by inserting ``, including incidents
impacting critical infrastructure'' before the semicolon;
(C) in paragraph (5) by striking ``and local'' and
inserting ``local, and tribal'';
(D) in paragraph (6) by striking ``national response plan''
and inserting ``national response framework, which shall be
reviewed and updated as required but not less than every 5
years'';
(E) by redesignating paragraphs (7) through (21) as
paragraphs (8) through (22), respectively;
(F) by inserting after paragraph (6) the following:
``(7) developing integrated frameworks, to include
consolidating existing Government plans addressing
prevention, protection, mitigation, and recovery with such
frameworks reviewed and updated as required, but not less
than every 5 years;''; and
(G) in paragraph (14), as redesignated, by striking
``National Response Plan'' each place the term appears and
inserting ``National Response Framework'';
(4) in section 507 (6 U.S.C. 317)--
(A) in subsection (c)--
(i) in paragraph (2)(E), by striking ``National Response
Plan'' and inserting ``National Response Framework''; and
(ii) in paragraph (3)(A), by striking ``National Response
Plan'' and inserting ``National Response Framework''; and
(B) in subsection (f)(1)(G), by striking ``National
Response Plan'' and inserting ``National Response
Framework'';
(5) in section 508 (6 U.S.C. 318)--
(A) in subsection (b)(1), by striking ``National Response
Plan'' and inserting ``National Response Framework''; and
(B) in subsection (d)(2)(A), by striking ``The Deputy
Administrator, Protection and National Preparedness'' and
inserting ``A Deputy Administrator'';
(6) in section 509 (6 U.S.C. 319)--
(A) in subsection (b)--
(i) in paragraph (1)--

(I) by striking ``National Response Plan'' and inserting
``National Response Framework, National Protection Framework,
National Prevention Framework, National Mitigation Framework,
National Recovery Framework'';
(II) by striking ``successor'' and inserting
``successors''; and
(III) by striking ``plan'' at the end of that paragraph and
inserting ``framework''; and

(ii) in paragraph (2), by striking ``National Response
Plan'' each place the term appears and inserting ``National
Response Framework''; and
(B) in subsection (c)(1)--
(i) in subparagraph (A)--

(I) in the subparagraph heading, by striking ``National
response plan'' and inserting ``National response
framework''; and
(II) by striking ``National Response Plan'' and inserting
``National Response Framework''; and

(ii) in subparagraph (B), by striking ``National Response
Plan'' and inserting ``National Response Framework'';
(7) in section 510 (6 U.S.C. 320)--
(A) in subsection (a), by striking ``enter into a
memorandum of understanding'' and inserting ``partner'';
(B) in subsection (b)(1)(A), by striking ``National
Response Plan'' and inserting ``National Response
Framework''; and
(C) in subsection (c), by striking ``National Response
Plan'' and inserting ``National Response Framework'';
(8) in section 515(c)(1) (6 U.S.C. 321d(c)(1)), by striking
``and local'' each place the term appears and inserting ``,
local, and tribal'';
(9) by striking section 524 (6 U.S.C. 321m);
(10) in section 525 (6 U.S.C. 321n), by striking
``Secretary'' each place it appears and inserting
``Administrator''; and
(11) in section 706(b)(1), as redesignated by section 1142
of this Act, by striking ``National Response Plan'' and
inserting ``National Response Framework''.
(b) Conforming Amendment.--The table of contents in section
1(b) of the Homeland Security Act of 2002 (Public Law 107-
296; 116 Stat. 2135) is amended by striking the item relating
to section 524.
(c) Post-Katrina Emergency Management Reform Act of 2006.--
(1) Citation correction.--Section 602(13) of the Post-
Katrina Emergency Management Reform Act of 2006 (6 U.S.C.
701(13)) is amended--
(A) by striking ``National Response Plan'' each place the
term appears and inserting ``National Response Framework'';
and
(B) by striking ``502(a)(6)'' and inserting ``504(a)(6)''.
(2) Change of reference.--Chapter 1 of subtitle C of title
VI of the Post-Katrina Emergency Management Reform Act of
2006 (Public Law 109-295) is amended by striking ``National
Response Plan'' each place the term appears and inserting
``National Response Framework''.
(d) Public Health Service Act.--Section 2801(a) of the
Public Health Service Act (42 U.S.C. 300hh(a)) is amended by
striking ``the National Response Plan developed pursuant to
section 502(6) of the Homeland Security Act of 2002'' and
inserting ``the National Response Framework developed
pursuant to section 504(a)(6) of the Homeland Security Act of
2002 (2 U.S.C. 314(a)(6))''.
(e) Defense Against Weapons of Mass Destruction Act of
1996.--Section 1414(b) of the Defense Against Weapons of Mass
Destruction Act of 1996 (50 U.S.C. 2314(b)) is amended, in
the first sentence, by striking ``National Response Plan
prepared pursuant to section 502(6) of the Homeland Security
Act of 2002 (6 U.S.C. 312(6))'' and inserting ``National
Response Framework prepared pursuant to section 504(a)(6) of
the Homeland Security Act of 2002 (6 U.S.C. 314(a)(6))''
(f) Savings Clause.--The amendments made by subsection (a)
to section 503(b)(2)(A) and paragraphs (3) and (4) of section
504(a) of the Homeland Security Act of 2002 shall not be
construed as affecting the authority, existing on the day
before the date of enactment of this Act, of any other
component of the Department of Homeland Security or any other
Federal department or agency.

SEC. 1521. INTEGRATED PUBLIC ALERT AND WARNING SYSTEM
SUBCOMMITTEE.

(a) Definitions.--In this section--
(1) the term ``Administrator'' means the Administrator of
the Agency;
(2) the term ``Agency'' means the Federal Emergency
Management Agency;
(3) the term ``public alert and warning system'' means the
integrated public alert and warning system of the United
States described in section 526 of the Homeland Security Act
of 2002 (6 U.S.C. 321o); and
(4) the term ``State'' means any State of the United
States, the District of Columbia, the Commonwealth of Puerto
Rico, the Virgin Islands, Guam, American Samoa, the
Commonwealth of the Northern Mariana Islands, and any
possession of the United States.
(b) Integrated Public Alert and Warning System
Subcommittee.--Section 2 of the Integrated Public Alert and
Warning System Modernization Act of 2015 (Public Law 114-143;
130 Stat. 327) is amended--
(1) in subsection (b)--
(A) in paragraph (6)(B)--
(i) in clause (i), by striking ``and'' at the end;
(ii) in clause (ii)(VII), by striking the period at the end
and inserting ``; and''; and
(iii) by adding at the end the following:
``(iii) recommendations for best practices of State,
tribal, and local governments to follow to maintain the
integrity of the public alert and warning system, including--

``(I) the procedures for State, tribal, and local
government officials to authenticate civil emergencies and
initiate, modify, and cancel alerts transmitted through the
public alert and warning system, including protocols and
technology capabilities for--

``(aa) the initiation, or prohibition on the initiation, of
alerts by a single authorized or unauthorized individual; and
``(bb) testing a State, tribal, or local government
incident management and warning tool without accidentally
initiating an alert through the public alert and warning
system;

``(II) the standardization, functionality, and
interoperability of incident management and warning tools
used by State, tribal, and local governments to notify the
public of an emergency through the public alert and warning
system;
``(III) the training and recertification of emergency
management personnel on best practices for originating and
transmitting an alert through the public alert and warning
system; and
``(IV) the procedures, protocols, and guidance concerning
the protective action plans that State, tribal, and local
governments should issue to the public following an alert
issued under the public alert and warning system.'';

(B) in paragraph (7)--
(i) in subparagraph (A)--

(I) by striking ``Not later than'' and inserting the
following:

``(i) Initial report.--Not later than'';

(II) in clause (i), as so designated, by striking
``paragraph (6)'' and inserting ``clauses (i) and (ii) of
paragraph (6)(B)''; and
(III) by adding at the end the following:

``(ii) Second report.--Not later than 18 months after the
date of enactment of the Department of Homeland Security
Authorization Act, the Subcommittee shall submit to the
National Advisory Council a report containing any
recommendations required to be developed under paragraph
(6)(B)(iii) for approval by the National Advisory Council.'';
and
(ii) in subparagraph (B), by striking ``report'' each place
that term appears and inserting ``reports''; and
(C) in paragraph (8), by striking ``3'' and inserting
``5''; and
(2) in subsection (c), by striking ``and 2018'' and
inserting ``2018, 2019, 2020, and 2021''.

[[Page S3679]]

(c) Integrated Public Alert and Warning System
Participatory Requirements.--The Administrator shall--
(1) consider the recommendations submitted by the
Integrated Public Alert and Warning System Subcommittee to
the National Advisory Council under section 2(b)(7) of the
Integrated Public Alert and Warning System Modernization Act
of 2015 (Public Law 114-143; 130 Stat. 331), as amended by
subsection (b) of this Act; and
(2) not later than 120 days after the date on which the
recommendations described in paragraph (1) are submitted,
establish minimum requirements for State, tribal, and local
governments to participate in the public alert and warning
system consistent with all public notice rules and
regulations.
(d) Incident Management and Warning Tool Validation.--
(1) In general.--The Administrator shall establish a
process to ensure that an incident management and warning
tool used by a State, tribal, or local government to
originate and transmit an alert through the public alert and
warning system meets the minimum requirements established by
the Administrator under subsection (c)(2).
(2) Requirements.--The process required to be established
under paragraph (1) shall include--
(A) the ability to test an incident management and warning
tool in the public alert and warning system lab;
(B) the ability to certify that an incident management and
warning tool complies with the applicable cyber frameworks of
the Department of Homeland Security and the National
Institute of Standards and Technology;
(C) a process to certify developers of emergency management
software; and
(D) requiring developers to provide the Administrator with
a copy of and rights of use for ongoing testing of each
version of incident management and warning tool software
before the software is first used by a State, tribal, or
local government.
(e) Review and Update of Memoranda of Understanding.--
(1) In general.--The Administrator shall review the
memoranda of understanding between the Agency and State,
tribal, and local governments with respect to the public
alert and warning system to ensure that all agreements ensure
compliance with any minimum requirements established by the
Administrator under subsection (c)(2).
(2) Future memoranda.--The Administrator shall ensure that
any new memorandum of understanding entered into between the
Agency and a State, tribal, or local government on or after
the date of enactment of this Act with respect to the public
alert and warning system ensures that the agreement requires
compliance with any minimum requirements established by the
Administrator under subsection (c)(2).
(f) Missile Alert and Warning Authorities.--
(1) In general.--
(A) Authority.--Beginning on the date that is 120 days
after the date of enactment of this Act, the authority to
originate an alert warning the public of a missile launch
directed against a State using the public alert and warning
system shall reside primarily with the Federal Government.
(B) Delegation of authority.--The Secretary of Homeland
Security may delegate to a State, tribal, or local entity the
authority described in subparagraph (A), if, not later than
60 days after the end of the 120-day period described in
subparagraph (A), the Secretary of Homeland Security reports
to the Committee on Homeland Security and Governmental
Affairs of the Senate and the Committee on Homeland Security
of the House of Representatives that--
(i) it is not feasible for the Federal government to alert
the public of a missile threat against a State; or
(ii) it is not in the national security interest of the
United States for the Federal government to alert the public
of a missile threat against a State.
(C) Activation of system.--Upon verification of a missile
threat, the President, utilizing established authorities,
protocols, and procedures, may activate the public alert and
warning system.
(2) Required processes.--The Secretary of Homeland
Security, acting through the Administrator, shall establish a
process to promptly notify a State warning point, and any
State entities that the Administrator determines appropriate,
of follow-up actions to a missile launch alert so the State
may take appropriate action to protect the health, safety,
and welfare of the residents of the State following the
issuance of an alert described in paragraph (1)(A) for that
State.
(3) Guidance.--The Secretary of Homeland Security, acting
through the Administrator, shall work with the Governor of a
State warning point to develop and implement appropriate
protective action plans to respond to an alert described in
paragraph (1)(A) for that State.
(4) Study and report.--Not later than 1 year after the date
of enactment of this Act, the Secretary of Homeland Security
shall--
(A) examine the feasibility of establishing an alert
designation under the public alert and warning system that
would be used to alert and warn the public of a missile
threat while concurrently alerting a State warning point so
that a State may activate related protective action plans;
and
(B) submit a report of the findings under subparagraph (A),
including of the costs and timeline for taking action to
implement an alert designation described in paragraph (1),
to--
(i) the Subcommittee on Homeland Security of the Committee
on Appropriations of the Senate;
(ii) the Committee on Homeland Security and Governmental
Affairs of the Senate;
(iii) the Subcommittee on Homeland Security of the
Committee on Appropriations of the House of Representatives;
and
(iv) the Committee on Homeland Security of the House of
Representatives.
(g) Awareness of Alerts and Warnings.--Not later than 1
year after the date of enactment of this Act, the
Administrator shall--
(1) conduct a review of--
(A) the Emergency Operations Center of the Agency; and
(B) the National Watch Center and each Regional Watch
Center of the Agency; and
(2) submit to the Committee on Homeland Security and
Governmental Affairs of the Senate and the Committee on
Homeland Security of the House of Representatives a report on
the review conducted under paragraph (1), which shall
include--
(A) an assessment of the technical capability of the
Emergency Operations Center and the National and Regional
Watch Centers described in paragraph (1) to be notified of
alerts and warnings issued by a State through the public
alert and warning system;
(B) a determination of which State alerts and warnings the
Emergency Operations Center and the National and Regional
Watch Centers described in paragraph (1) should be aware of;
and
(C) recommendations for improving the ability of the
National and Regional Watch Centers described in paragraph
(1) to receive any State alerts and warnings that the
Administrator determines are appropriate.
(h) Timeline for Compliance.--Each State shall be given a
reasonable amount of time to comply with any new rules,
regulations, or requirements imposed under this section or
the amendments made by this section.

TITLE VI--CYBERSECURITY AND INFRASTRUCTURE SECURITY AGENCY

SEC. 1601. CYBERSECURITY AND INFRASTRUCTURE SECURITY AGENCY.

(a) In General.--The Homeland Security Act of 2002 (6
U.S.C. 101 et seq.) is amended by adding at the end the
following:

``TITLE XXII--CYBERSECURITY AND INFRASTRUCTURE SECURITY AGENCY

``Subtitle A--Cybersecurity and Infrastructure Security

``SEC. 2201. DEFINITIONS.

``In this subtitle:
``(1) Critical infrastructure information.--The term
`critical infrastructure information' has the meaning given
the term in section 2222.
``(2) Cybersecurity risk.--The term `cybersecurity risk'
has the meaning given the term in section 2209.
``(3) Cybersecurity threat.--The term `cybersecurity
threat' has the meaning given the term in section 102(5) of
the Cybersecurity Act of 2015 (contained in division N of the
Consolidated Appropriations Act, 2016 (Public Law 114-113; 6
U.S.C. 1501)).
``(4) National cybersecurity asset response activities.--
The term `national cybersecurity asset response activities'
means--
``(A) furnishing cybersecurity technical assistance to
entities affected by cybersecurity risks to protect assets,
mitigate vulnerabilities, and reduce impacts of cyber
incidents;
``(B) identifying other entities that may be at risk of an
incident and assessing risk to the same or similar
vulnerabilities;
``(C) assessing potential cybersecurity risks to a sector
or region, including potential cascading effects, and
developing courses of action to mitigate such risks;
``(D) facilitating information sharing and operational
coordination with threat response; and
``(E) providing guidance on how best to utilize Federal
resources and capabilities in a timely, effective manner to
speed recovery from cybersecurity risks.
``(5) Sector-specific agency.--The term `Sector-Specific
Agency' means a Federal department or agency, designated by
law or presidential directive, with responsibility for
providing institutional knowledge and specialized expertise
of a sector, as well as leading, facilitating, or supporting
programs and associated activities of its designated critical
infrastructure sector in the all hazards environment in
coordination with the Department.
``(6) Sharing.--The term `sharing' has the meaning given
the term in section 2209.

``SEC. 2202. CYBERSECURITY AND INFRASTRUCTURE SECURITY
AGENCY.

``(a) Redesignation.--
``(1) In general.--The National Protection and Programs
Directorate of the Department shall, on and after the date of
the enactment of this subtitle, be known as the
`Cybersecurity and Infrastructure Security Agency' (in this
subtitle referred to as the `Agency').
``(2) References.--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
Cybersecurity and Infrastructure Security Agency of the
Department.
``(b) Director.--
``(1) In general.--The Agency shall be headed by a Director
of Cybersecurity and

[[Page S3680]]

Infrastructure Security (in this subtitle referred to as the
`Director'), who shall report to the Secretary.
``(2) Reference.--Any reference to an Under Secretary
responsible for overseeing critical infrastructure
protection, cybersecurity, and any other related program of
the Department as described in section 103(a)(1)(H) as in
effect on the day before the date of enactment of this
subtitle in any law, regulation, map, document, record, or
other paper of the United States shall be deemed to be a
reference to the Director of Cybersecurity and Infrastructure
Security of the Department.
``(c) Responsibilities.--The Director shall--
``(1) lead cybersecurity and critical infrastructure
security programs, operations, and associated policy for the
Agency, including national cybersecurity asset response
activities;
``(2) coordinate with Federal entities, including Sector-
Specific Agencies, and non-Federal entities, including
international entities, to carry out the cybersecurity and
critical infrastructure activities of the Agency, as
appropriate;
``(3) carry out the responsibilities of the Secretary to
secure Federal information and information systems consistent
with law, including subchapter II of chapter 35 of title 44,
United States Code, and the Cybersecurity Act of 2015
(contained in division N of the Consolidated Appropriations
Act, 2016 (Public Law 114-113));
``(4) coordinate a national effort to secure and protect
against critical infrastructure risks, consistent with
subsection (e)(1)(E);
``(5) oversee the EMP and GMD planning and protection and
preparedness activities of the Agency;
``(6) upon request, provide analyses, expertise, and other
technical assistance to critical infrastructure owners and
operators and, where appropriate, provide those analyses,
expertise, and other technical assistance in coordination
with Sector-Specific Agencies and other Federal departments
and agencies;
``(7) develop and utilize mechanisms for active and
frequent collaboration between the Agency and Sector-Specific
Agencies to ensure appropriate coordination, situational
awareness, and communications with Sector-Specific Agencies;
``(8) maintain and utilize mechanisms for the regular and
ongoing consultation and collaboration among the Divisions of
the Agency to further operational coordination, integrated
situational awareness, and improved integration across the
Agency in accordance with this Act;
``(9) develop, coordinate, and implement--
``(A) comprehensive strategic plans for the activities of
the Agency; and
``(B) risk assessments by and for the Agency;
``(10) carry out emergency communications responsibilities,
in accordance with title XVIII;
``(11) carry out cybersecurity, infrastructure security,
and emergency communications stakeholder outreach and
engagement and coordinate that outreach and engagement with
critical infrastructure Sector-Specific Agencies, as
appropriate;
``(12) oversee an integrated analytical approach to
physical and cyber infrastructure analysis; and
``(13) carry out such other duties and powers prescribed by
law or delegated by the Secretary.
``(d) Deputy Director.--There shall be in the Agency a
Deputy Director of Cybersecurity and Infrastructure Security
who shall--
``(1) assist the Director in the management of the Agency;
and
``(2) report to the Director.
``(e) Cybersecurity and Infrastructure Security Authorities
of the Secretary.--
``(1) In general.--The responsibilities of the Secretary
relating to cybersecurity and infrastructure security shall
include the following:
``(A) To access, receive, and analyze law enforcement
information, intelligence information, and other information
from Federal Government agencies, State, local, tribal, and
territorial government agencies, including law enforcement
agencies, and private sector entities, and to integrate that
information, in support of the mission responsibilities of
the Department, in order to--
``(i) identify and assess the nature and scope of terrorist
threats to the homeland;
``(ii) detect and identify threats of terrorism against the
United States; and
``(iii) understand those threats in light of actual and
potential vulnerabilities of the homeland.
``(B) To carry out comprehensive assessments of the
vulnerabilities of the key resources and critical
infrastructure of the United States, including the
performance of risk assessments to determine the risks posed
by particular types of terrorist attacks within the United
States, including an assessment of the probability of success
of those attacks and the feasibility and potential efficacy
of various countermeasures to those attacks. At the
discretion of the Secretary, such assessments may be carried
out in coordination with Sector-Specific Agencies.
``(C) To integrate relevant information, analysis, and
vulnerability assessments, regardless of whether the
information, analysis, or assessments are provided or
produced by the Department, in order to make recommendations,
including prioritization, for protective and support measures
by the Department, other Federal Government agencies, State,
local, tribal, and territorial government agencies and
authorities, the private sector, and other entities regarding
terrorist and other threats to homeland security.
``(D) To ensure, pursuant to section 202, the timely and
efficient access by the Department to all information
necessary to discharge the responsibilities under this title,
including obtaining that information from other Federal
Government agencies.
``(E) To develop, in coordination with the Sector-Specific
Agencies with available expertise, a comprehensive national
plan for securing the key resources and critical
infrastructure of the United States, including power
production, generation, and distribution systems, information
technology and telecommunications systems (including
satellites), electronic financial and property record storage
and transmission systems, emergency communications systems,
and the physical and technological assets that support those
systems.
``(F) To recommend measures necessary to protect the key
resources and critical infrastructure of the United States in
coordination with other Federal Government agencies,
including Sector-Specific Agencies, and in cooperation with
State, local, tribal, and territorial government agencies and
authorities, the private sector, and other entities.
``(G) To review, analyze, and make recommendations for
improvements to the policies and procedures governing the
sharing of information relating to homeland security within
the Federal Government and between Federal Government
agencies and State, local, tribal, and territorial government
agencies and authorities.
``(H) To disseminate, as appropriate, information analyzed
by the Department within the Department to other Federal
Government agencies with responsibilities relating to
homeland security and to State, local, tribal, and
territorial government agencies and private sector entities
with those responsibilities in order to assist in the
deterrence, prevention, or preemption of, or response to,
terrorist attacks against the United States.
``(I) To consult with State, local, tribal, and territorial
government agencies and private sector entities to ensure
appropriate exchanges of information, including law
enforcement-related information, relating to threats of
terrorism against the United States.
``(J) To ensure that any material received pursuant to this
Act is protected from unauthorized disclosure and handled and
used only for the performance of official duties.
``(K) To request additional information from other Federal
Government agencies, State, local, tribal, and territorial
government agencies, and the private sector relating to
threats of terrorism in the United States, or relating to
other areas of responsibility assigned by the Secretary,
including the entry into cooperative agreements through the
Secretary to obtain that information.
``(L) To establish and utilize, in conjunction with the
Chief Information Officer of the Department, a secure
communications and information technology infrastructure,
including data-mining and other advanced analytical tools, in
order to access, receive, and analyze data and information in
furtherance of the responsibilities under this section, and
to disseminate information acquired and analyzed by the
Department, as appropriate.
``(M) To coordinate training and other support to the
elements and personnel of the Department, other Federal
Government agencies, and State, local, tribal, and
territorial government agencies that provide information to
the Department, or are consumers of information provided by
the Department, in order to facilitate the identification and
sharing of information revealed in their ordinary duties and
the optimal utilization of information received from the
Department.
``(N) To coordinate with Federal, State, local, tribal, and
territorial law enforcement agencies, and the private sector,
as appropriate.
``(O) To exercise the authorities and oversight of the
functions, personnel, assets, and liabilities of those
components transferred to the Department pursuant to section
201(g).
``(P) To carry out the functions of the national
cybersecurity and communications integration center under
section 2209.
``(Q) To carry out the requirements of the Chemical
Facility Anti-Terrorism Standards Program established under
title XXI and the secure handling of ammonium nitrate program
established under subtitle J of title VIII, or any successor
programs.
``(2) Reallocation.--The Secretary may reallocate within
the Agency the functions specified in sections 2203(b) and
2204(b), consistent with the responsibilities provided in
paragraph (1), upon certifying to and briefing the
appropriate congressional committees, and making available to
the public, not less than 60 days before the reallocation
that the reallocation is necessary for carrying out the
activities of the Agency.
``(3) Staff.--
``(A) In general.--The Secretary shall provide the Agency
with a staff of analysts having appropriate expertise and
experience to assist the Agency in discharging the
responsibilities of the Agency under this section.
``(B) Private sector analysts.--Analysts under this
subsection may include analysts from the private sector.

[[Page S3681]]

``(C) Security clearances.--Analysts under this subsection
shall possess security clearances appropriate for their work
under this section.
``(4) Detail of personnel.--
``(A) In general.--In order to assist the Agency in
discharging the responsibilities of the Agency under this
section, personnel of the Federal agencies described in
subparagraph (B) may be detailed to the Agency for the
performance of analytic functions and related duties.
``(B) Agencies.--The Federal agencies described in this
subparagraph are--
``(i) the Department of State;
``(ii) the Central Intelligence Agency;
``(iii) the Federal Bureau of Investigation;
``(iv) the National Security Agency;
``(v) the National Geospatial-Intelligence Agency;
``(vi) the Defense Intelligence Agency;
``(vii) Sector-Specific Agencies; and
``(viii) any other agency of the Federal Government that
the President considers appropriate.
``(C) Interagency agreements.--The Secretary and the head
of a Federal agency described in subparagraph (B) may enter
into agreements for the purpose of detailing personnel under
this paragraph.
``(D) Basis.--The detail of personnel under this paragraph
may be on a reimbursable or non-reimbursable basis.
``(f) Composition.--The Agency shall be composed of the
following divisions:
``(1) The Cybersecurity Division, headed by an Assistant
Director.
``(2) The Infrastructure Security Division, headed by an
Assistant Director.
``(3) The Emergency Communications Division under title
XVIII, headed by an Assistant Director.
``(g) Co-location.--
``(1) In general.--To the maximum extent practicable, the
Director shall examine the establishment of central locations
in geographical regions with a significant Agency presence.
``(2) Coordination.--When establishing the central
locations described in paragraph (1), the Director shall
coordinate with component heads and the Under Secretary for
Management to co-locate or partner on any new real property
leases, renewing any occupancy agreements for existing
leases, or agreeing to extend or newly occupy any Federal
space or new construction.
``(h) Privacy.--
``(1) In general.--There shall be a Privacy Officer of the
Agency with primary responsibility for privacy policy and
compliance for the Agency.
``(2) Responsibilities.--The responsibilities of the
Privacy Officer of the Agency shall include--
``(A) ensuring that the use of technologies by the Agency
sustain, and do not erode, privacy protections relating to
the use, collection, and disclosure of personal information;
``(B) ensuring that personal information contained in
systems of records of the Agency is handled in full
compliance as specified in section 552a of title 5, United
States Code (commonly known as the `Privacy Act of 1974');
``(C) evaluating legislative and regulatory proposals
involving collection, use, and disclosure of personal
information by the Agency; and
``(D) conducting a privacy impact assessment of proposed
rules of the Agency on the privacy of personal information,
including the type of personal information collected and the
number of people affected.
``(i) Savings.--Nothing in this title may be construed as
affecting in any manner the authority, existing on the day
before the date of enactment of this title, of any other
component of the Department or any other Federal department
or agency.

``SEC. 2203. CYBERSECURITY DIVISION.

``(a) Establishment.--
``(1) In general.--There is established in the Agency a
Cybersecurity Division.
``(2) Assistant director.--The Cybersecurity Division shall
be headed by an Assistant Director for Cybersecurity (in this
section referred to as the `Assistant Director'), who shall--
``(A) be at the level of Assistant Secretary within the
Department;
``(B) be appointed by the President without the advice and
consent of the Senate; and
``(C) report to the Director.
``(3) Reference.--Any reference to the Assistant Secretary
for Cybersecurity and Communications in any law, regulation,
map, document, record, or other paper of the United States
shall be deemed to be a reference to the Assistant Director
for Cybersecurity.
``(b) Functions.--The Assistant Director shall--
``(1) direct the cybersecurity efforts of the Agency;
``(2) carry out activities, at the direction of the
Director, related to the security of Federal information and
Federal information systems consistent with law, including
subchapter II of chapter 35 of title 44, United States Code,
and the Cybersecurity Act of 2015 (contained in division N of
the Consolidated Appropriations Act, 2016 (Public Law 114-
113));
``(3) fully participate in the mechanisms required under
section 2202(c)(7); and
``(4) carry out such other duties and powers as prescribed
by the Director.

``SEC. 2204. INFRASTRUCTURE SECURITY DIVISION.

``(a) Establishment.--
``(1) In general.--There is established in the Agency an
Infrastructure Security Division.
``(2) Assistant director.--The Infrastructure Security
Division shall be headed by an Assistant Director for
Infrastructure Security (in this section referred to as the
`Assistant Director'), who shall--
``(A) be at the level of Assistant Secretary within the
Department;
``(B) be appointed by the President without the advice and
consent of the Senate; and
``(C) report to the Director.
``(3) Reference.--Any reference to the Assistant Secretary
for Infrastructure Protection in any law, regulation, map,
document, record, or other paper of the United States shall
be deemed to be a reference to the Assistant Director for
Infrastructure Security.
``(b) Functions.--The Assistant Director shall--
``(1) direct the critical infrastructure security efforts
of the Agency;
``(2) carry out, at the direction of the Director, the
Chemical Facilities Anti-Terrorism Standards Program
established under title XXI and the secure handling of
ammonium nitrate program established under subtitle J of
title VIII, or any successor programs;
``(3) fully participate in the mechanisms required under
section 2202(c)(7); and
``(4) carry out such other duties and powers as prescribed
by the Director.''.
(b) Treatment of Certain Positions.--
(1) Under secretary.--The individual serving as the Under
Secretary appointed pursuant to section 103(a)(1)(H) of the
Homeland Security Act of 2002 (6 U.S.C. 113(a)(1)(H)) of the
Department of Homeland Security on the day before the date of
enactment of this Act may continue to serve as the Director
of Cybersecurity and Infrastructure Security of the
Department on and after such date.
(2) Director for emergency communications.--The individual
serving as the Director for Emergency Communications of the
Department of Homeland Security on the day before the date of
enactment of this Act may continue to serve as the Assistant
Director for Emergency Communications of the Department on
and after such date.
(3) Assistant secretary for cybersecurity and
communications.--The individual serving as the Assistant
Secretary for Cybersecurity and Communications on the day
before the date of enactment of this Act may continue to
serve as the Assistant Director for Cybersecurity on and
after such date.
(4) Assistant secretary for infrastructure protection.--The
individual serving as the Assistant Secretary for
Infrastructure Protection on the day before the date of
enactment of this Act may continue to serve as the Assistant
Director for Infrastructure Security on and after such date.
(c) Reference.--Any reference to--
(1) the Office of Emergency Communications in any law,
regulation, map, document, record, or other paper of the
United States shall be deemed to be a reference to the
Emergency Communications Division; and
(2) the Director for Emergency Communications in any law,
regulation, map, document, record, or other paper of the
United States shall be deemed to be a reference to the
Assistant Director for Emergency Communications.
(d) Oversight.--The Director of Cybersecurity and
Infrastructure Security of the Department of Homeland
Security shall provide to Congress, in accordance with the
deadlines specified in paragraphs (1) through (6),
information on the following:
(1) Not later than 60 days after the date of enactment of
this Act, a briefing on the activities of the Agency relating
to the development and use of the mechanisms required
pursuant to section 2202(c)(7) of the Homeland Security Act
of 2002 (as added by subsection (a)).
(2) Not later than 1 year after the date of the enactment
of this Act, a briefing on the activities of the Agency
relating to the use and improvement by the Agency of the
mechanisms required pursuant to section 2202(c)(7) of the
Homeland Security Act of 2002 and how such activities have
impacted coordination, situational awareness, and
communications with Sector-Specific Agencies.
(3) Not later than 90 days after the date of the enactment
of this Act, information on the mechanisms of the Agency for
regular and ongoing consultation and collaboration, as
required pursuant to section 2202(c)(8) of the Homeland
Security Act of 2002 (as added by subsection (a)).
(4) Not later than 1 year after the date of the enactment
of this Act, information on the activities of the
consultation and collaboration mechanisms of the Agency as
required pursuant to section 2202(c)(8) of the Homeland
Security Act of 2002, and how such mechanisms have impacted
operational coordination, situational awareness, and
integration across the Agency.
(5) Not later than 180 days after the date of enactment of
this Act, information, which shall be made publicly available
and updated as appropriate, on the mechanisms and structures
of the Agency responsible for stakeholder outreach and
engagement, as required under section 2202(c)(11) of the
Homeland Security Act of 2002 (as added by subsection (a)).
(6) Not later than 1 year after the date of enactment of
this Act, and annually thereafter, information on EMP and GMD
(as defined in section 2 of the Homeland Security Act (6
U.S.C. 101)), which shall include--

[[Page S3682]]

(A) a summary of the threats and consequences, as of the
date of the information, of electromagnetic events to the
critical infrastructure of the United States;
(B) Department of Homeland Security efforts as of the date
of the information, including with respect to--
(i) risk assessments;
(ii) mitigation actions;
(iii) coordinating with the Department of Energy to
identify critical electric infrastructure assets subject to
EMP or GMD risk; and
(iv) current and future plans for engagement with the
Department of Energy, the Department of Defense, the National
Oceanic and Atmospheric Administration, and other relevant
Federal departments and agencies;
(C) as of the date of the information, current
collaboration, and plans for future engagement, with critical
infrastructure owners and operators;
(D) an identification of internal roles to address
electromagnetic risks to critical infrastructure; and
(E) plans for implementation and protecting and preparing
United States critical infrastructure against electromagnetic
threats.
(e) Cyber Workforce.--Not later than 90 days after the date
of enactment of this Act, the Director of the Cybersecurity
and Infrastructure Security Agency of the Department of
Homeland Security, in coordination with the Director of the
Office of Personnel Management, shall submit to Congress a
report detailing how the Agency is meeting legislative
requirements under the Cybersecurity Workforce Assessment Act
(Public Law 113-246; 128 Stat. 2880) and the Homeland
Security Cybersecurity Workforce Assessment Act (6 U.S.C. 146
note; Public Law 113-277) to address cyber workforce needs.
(f) Facility.--Not later than 180 days after the date of
enactment of this Act, the Director of the Cybersecurity and
Infrastructure Security Agency of the Department of Homeland
Security shall report to Congress on the most efficient and
effective methods of consolidating Agency facilities,
personnel, and programs to most effectively carry out the
mission of the Agency.
(g) Technical and Conforming Amendments to the Homeland
Security Act of 2002.--The Homeland Security Act of 2002 (6
U.S.C. 101 et seq.) is amended--
(1) by amending section 103(a)(1)(H) (6 U.S.C.
113(a)(1)(H)) to read as follows:
``(H) A Director of the Cybersecurity and Infrastructure
Security Agency.'';
(2) in title II (6 U.S.C. 121 et seq.)--
(A) in the title heading, by striking ``AND INFRASTRUCTURE
PROTECTION'';
(B) in the subtitle A heading, by striking ``and
Infrastructure Protection'';
(C) in section 201 (6 U.S.C. 121)--
(i) in the section heading, by striking ``and
infrastructure protection'';
(ii) in subsection (a)--

(I) in the subsection heading, by striking ``and
Infrastructure Protection''; and
(II) by striking ``and an Office of Infrastructure
Protection'';

(iii) in subsection (b)--

(I) in the subsection heading, by striking ``and Assistant
Secretary for Infrastructure Protection''; and
(II) by striking paragraph (3);

(iv) in subsection (c)--

(I) by striking ``and infrastructure protection''; and
(II) by striking ``or the Assistant Secretary for
Infrastructure Protection, as appropriate'';

(v) in subsection (d)--

(I) in the subsection heading, by striking ``and
Infrastructure Protection'';
(II) in the matter preceding paragraph (1), by striking
``and infrastructure protection'';
(III) by striking paragraphs (5), (6), and (25);
(IV) by redesignating paragraphs (7) through (24) as
paragraphs (5) through (22), respectively;
(V) by redesignating paragraph (26) as paragraph (23); and
(VI) in paragraph (23)(B)(i), as so redesignated, by
striking ``section 319'' and inserting ``section 320'';

(vi) in subsection (e)(1), by striking ``and the Office of
Infrastructure Protection'';
(vii) in subsection (f)(1), by striking ``and the Office of
Infrastructure Protection''; and
(viii) in subsection (g), in the matter preceding paragraph
(1), by striking ``and the Office of Infrastructure
Protection'';
(D) in section 202 (6 U.S.C. 122)--
(i) in subsection (c), in the matter preceding paragraph
(1), by striking ``Director of Central Intelligence'' and
inserting ``Director of National Intelligence''; and
(ii) in subsection (d)(2), by striking ``Director of
Central Intelligence'' and inserting ``Director of National
Intelligence'';
(E) 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 ``Director of the
Cybersecurity and Infrastructure Security Agency''; and
(ii) in subsection (d)(1), in the matter preceding
subparagraph (A), by striking ``Assistant Secretary for
Infrastructure Protection'' and inserting ``Director of the
Cybersecurity and Infrastructure Security Agency'';
(F) by redesignating section 210E (6 U.S.C. 124l) as
section 2214 and transferring such section to appear after
section 2213 (as redesignated by subparagraph (I));
(G) in subtitle B, by redesignating sections 211 through
215 (6 U.S.C. 101 note, and 131 through 134) as sections 2221
through 2225, respectively, and transferring such subtitle,
including the enumerator and heading of subtitle B and such
sections, to appear after section 2214 (as redesignated by
subparagraph (G));
(H) by redesignating sections 223 through 230 (6 U.S.C. 143
through 151) as sections 2205 through 2213, respectively, and
transferring such sections to appear after section 2204, as
added by this Act;
(I) by redesignating section 210F as section 210E; and
(J) by redesignating subtitles C and D as subtitles B and
C, respectively;
(3) in title III (6 U.S.C. 181 et seq.)--
(A) in section 302 (6 U.S.C. 182)--
(i) by striking ``biological,,'' each place that term
appears and inserting ``biological,''; and
(ii) in paragraph (3), by striking ``Assistant Secretary
for Infrastructure Protection'' and inserting ``Director of
the Cybersecurity and Infrastructure Security Agency'';
(B) by redesignating the second section 319 (6 U.S.C. 195f)
(relating to EMP and GMD mitigation research and development)
as section 320; and
(C) in section 320(c)(1), as so redesignated, by striking
``Section 214'' and inserting ``Section 2224'';
(4) in title V (6 U.S.C. 311 et seq.)--
(A) in section 508(d)(2)(D) (6 U.S.C. 318(d)(2)(D)), by
striking ``The Director of the Office of Emergency
Communications of the Department of Homeland Security'' and
inserting ``The Assistant Director for Emergency
Communications'';
(B) in section 514 (6 U.S.C. 321c)--
(i) by striking subsection (b); and
(ii) by redesignating subsection (c) as subsection (b); and
(C) in section 523 (6 U.S.C. 321l)--
(i) in subsection (a), in the matter preceding paragraph
(1), by striking ``Assistant Secretary for Infrastructure
Protection'' and inserting ``Director of Cybersecurity and
Infrastructure Security''; and
(ii) in subsection (c), by striking ``Assistant Secretary
for Infrastructure Protection'' and inserting ``Director of
Cybersecurity and Infrastructure Security'';
(5) in title VIII (6 U.S.C. 361 et seq.)--
(A) in section 884(d)(4)(A)(ii) (6 U.S.C.
464(d)(4)(A)(ii)), by striking ``Under Secretary responsible
for overseeing critical infrastructure protection,
cybersecurity, and other related programs of the Department''
and inserting ``Director of Cybersecurity and Infrastructure
Security''; and
(B) in section 899B(a) (6 U.S.C. 488a(a)), by adding at the
end the following: ``Such regulations shall be carried out by
the Cybersecurity and Infrastructure Security Agency.'';
(6) in title XVIII (6 U.S.C. 571 et seq.)--
(A) in section 1801 (6 U.S.C. 571)--
(i) in the section heading, by striking ``office of
emergency communications'' and inserting ``emergency
communications division'';
(ii) in subsection (a)--

(I) by striking ``Office of Emergency Communications'' and
inserting ``Emergency Communications Division''; and
(II) by adding at the end the following: ``The Division
shall be located in the Cybersecurity and Infrastructure
Security Agency.'';

(iii) by amending subsection (b) to read as follows:
``(b) Assistant Director.--The head of the Division shall
be the Assistant Director for Emergency Communications. The
Assistant Director shall report to the Director of
Cybersecurity and Infrastructure Security. All decisions of
the Assistant Director that entail the exercise of
significant authority shall be subject to the approval of the
Director of Cybersecurity and Infrastructure Security.'';
(iv) in subsection (c)--

(I) in the matter preceding paragraph (1), by inserting
``Assistant'' before ``Director'';
(II) in paragraph (15), as added by section 1431(a)(7), by
striking ``and'' at the end;
(III) by redesignating paragraph (16), as so redesignated
by section 1431(a)(3), as paragraph (17); and
(IV) by inserting after paragraph (15) the following:

``(16) fully participate in the mechanisms required under
section 2202(c)(8); and'';
(v) in subsection (d), in the matter preceding paragraph
(1), by inserting ``Assistant'' before ``Director''; and
(vi) in subsection (e), in the matter preceding paragraph
(1), by inserting ``Assistant'' before ``Director'';
(B) in sections 1802 through 1805 (6 U.S.C. 572 through
575), by striking ``Director for Emergency Communications''
each place that term appears and inserting ``Assistant
Director for Emergency Communications'';
(C) in section 1809 (6 U.S.C. 579)--
(i) by striking ``Director of Emergency Communications''
each place that term appears and inserting ``Assistant
Director for Emergency Communications'';
(ii) in subsection (b)--

(I) by striking ``Director for Emergency Communications''
and inserting ``Assistant Director for Emergency
Communications''; and
(II) by striking ``Office of Emergency Communications'' and
inserting ``Emergency Communications Division'';

(iii) in subsection (e)(3), by striking ``the Director''
and inserting ``the Assistant Director''; and
(iv) in subsection (m)(1)--

[[Page S3683]]

(I) by striking ``The Director'' and inserting ``The
Assistant Director'';
(II) by striking ``the Director determines'' and inserting
``the Assistant Director determines''; and
(III) by striking ``Office of Emergency Communications''
and inserting ``Cybersecurity and Infrastructure Security
Agency'';

(D) in section 1810 (6 U.S.C. 580)--
(i) in subsection (a)(1), by striking ``Director of the
Office of Emergency Communications (referred to in this
section as the `Director')'' and inserting ``Assistant
Director for Emergency Communications (referred to in this
section as the `Assistant Director')'';
(ii) in subsection (c), by striking ``Office of Emergency
Communications'' and inserting ``Emergency Communications
Division''; and
(iii) by striking ``Director'' each place that term appears
and inserting ``Assistant Director'';
(7) in title XX (6 U.S.C. 601 et seq.)--
(A) in paragraph (5)(A)(iii)(II) of section 2001 (6 U.S.C.
601), as so redesignated by section 1451(b), by striking
``section 210E(a)(2)'' and inserting ``section 2214(a)(2)'';
(B) in section 2008(a)(3) (6 U.S.C. 609(a)(3)), by striking
``section 210E(a)(2)'' and inserting ``section 2214(a)(2)'';
and
(C) in section 2021 (6 U.S.C. 611)--
(i) by striking subsection (c); and
(ii) by redesignating subsection (d) as subsection (c);
(8) in title XXI (6 U.S.C. 621 et seq.)--
(A) in section 2102(a)(1) (6 U.S.C. 622(a)(1)), by
inserting ``, which shall be located in the Cybersecurity and
Infrastructure Security Agency'' before the period at the
end; and
(B) in section 2104(c)(2) (6 U.S.C. 624(c)(2)), by striking
``Under Secretary responsible for overseeing critical
infrastructure protection, cybersecurity, and other related
programs of the Department appointed under section
103(a)(1)(H)'' and inserting ``Director of Cybersecurity and
Infrastructure Security''; and
(9) in title XXII, as added by this Act--
(A) in subtitle A--
(i) in section 2205, as so redesignated--

(I) in the matter preceding paragraph (1)--

(aa) by striking ``section 201'' and inserting ``section
2202''; and
(bb) by striking ``Under Secretary appointed under section
103(a)(1)(H)'' and inserting ``Director of Cybersecurity and
Infrastructure Security''; and

(II) in paragraph (1)(B), by striking ``and'' at the end;

(ii) in section 2206, as so redesignated, by striking
``Assistant Secretary for Infrastructure Protection'' and
inserting ``Director of Cybersecurity and Infrastructure
Security'';
(iii) in section 2209, as so redesignated--

(I) by striking ``Under Secretary appointed under section
103(a)(1)(H)'' each place that term appears and inserting
``Director'';
(II) in subsection (a)(4), by striking ``section 212(5)''
and inserting ``section 2222(5)'';
(III) in subsection (b), by adding at the end the
following: ``The Center shall be located in the Cybersecurity
and Infrastructure Security Agency. The head of the Center
shall report to the Assistant Director for Cybersecurity.'';
and
(IV) in subsection (c)(11), by striking ``Office of
Emergency Communications'' and inserting ``Emergency
Communications Division'';

(iv) in section 2210, as so redesignated--

(I) by striking ``section 227'' each place that term
appears and inserting ``section 2209''; and
(II) in subsection (c)--

(aa) by striking ``Under Secretary appointed under section
103(a)(1)(H)'' and inserting ``Director of Cybersecurity and
Infrastructure Security''; and
(bb) by striking ``section 212(5)'' and inserting ``section
2222(5)'';
(v) in section 2211, as so redesignated--

(I) in subsection (b)(2)(A), by striking ``the section
227'' and inserting ``section 2209''; and
(II) in subsection (c)(1)(C), by striking ``section 707''
and inserting ``section 706'';

(vi) in section 2212, as so redesignated, by striking
``section 212(5)'' and inserting ``section 2222(5)'';
(vii) in section 2213(a), as so redesignated--

(I) in paragraph (3), by striking ``section 228'' and
inserting ``section 2210''; and
(II) in paragraph (4), by striking ``section 227'' and
inserting ``section 2209''; and

(viii) in section 2214, as so redesignated--

(I) by striking subsection (e); and
(II) by redesignating subsection (f) as subsection (e); and

(B) in subtitle B--
(i) in section 2222(8), as so redesignated, by striking
``section 227'' and inserting ``section 2209''; and
(ii) in section 2224(h), as so redesignated, by striking
``section 213'' and inserting ``section 2223'';
(h) Technical and Conforming Amendments to Other Laws.--
(1) Cybersecurity act of 2015.--The Cybersecurity Act of
2015 (6 U.S.C. 1501 et seq.) is amended--
(A) in section 202(2) (6 U.S.C. 131 note)--
(i) by striking ``section 227'' and inserting ``section
2209''; and
(ii) by striking ``, as so redesignated by section
223(a)(3) of this division'';
(B) in section 207(2) (Public Law 114-113; 129 Stat.
2962)--
(i) by striking ``section 227'' and inserting ``section
2209''; and
(ii) by striking ``, as redesignated by section 223(a) of
this division,'';
(C) in section 208 (Public Law 114-113; 129 Stat. 2962), by
striking ``Under Secretary appointed under section
103(a)(1)(H) of the Homeland Security Act of 2002 (6 U.S.C.
113(a)(1)(H))'' and inserting ``Director of Cybersecurity and
Infrastructure Security of the Department'';
(D) in section 222 (6 U.S.C. 1521)--
(i) in paragraph (2)--

(I) by striking ``section 228'' and inserting ``section
2210''; and
(II) by striking ``, as added by section 223(a)(4) of this
division''; and

(ii) in paragraph (4)--

(I) by striking ``section 227'' and inserting ``section
2209''; and
(II) by striking ``, as so redesignated by section
223(a)(3) of this division'';

(E) in section 223(b) (6 U.S.C. 151 note)--
(i) by striking ``section 230(b)(1) of the Homeland
Security Act of 2002, as added by subsection (a)'' each place
that term appears and inserting ``section 2213(b)(1) of the
Homeland Security Act of 2002''; and
(ii) in paragraph (1)(B), by striking ``section 230(b)(2)
of the Homeland Security Act of 2002, as added by subsection
(a)'' and inserting ``section 2213(b)(2) of the Homeland
Security Act of 2002'';
(F) in section 226 (6 U.S.C. 1524)--
(i) in subsection (a)--

(I) in paragraph (1)--

(aa) by striking ``section 230'' and inserting ``section
2213''; and
(bb) by striking ``, as added by section 223(a)(6) of this
division'';

(II) in paragraph (4)--

(aa) by striking ``section 228(b)(1)'' and inserting
``section 2210(b)(1)''; and
(bb) by striking ``, as added by section 223(a)(4) of this
division''; and

(III) in paragraph (5)--

(aa) by striking ``section 230(b)'' and inserting ``section
2213(b)''; and
(bb) by striking ``, as added by section 223(a)(6) of this
division''; and
(ii) in subsection (c)(1)(A)(vi)--

(I) by striking ``section 230(c)(5)'' and inserting
``section 2213(c)(5)''; and
(II) by striking ``, as added by section 223(a)(6) of this
division'';

(G) in section 227 (6 U.S.C. 1525)--
(i) in subsection (a)--

(I) by striking ``section 230'' and inserting ``section
2213''; and
(II) by striking ``, as added by section 223(a)(6) of this
division,''; and

(ii) in subsection (b)--

(I) by striking ``section 230(d)(2)'' and inserting
``section 2213(d)(2)''; and
(II) by striking ``, as added by section 223(a)(6) of this
division,''; and

(H) in section 404 (6 U.S.C. 1532)--
(i) by striking ``Director for Emergency Communications''
each place that term appears and inserting ``Assistant
Director for Emergency Communications''; and
(ii) in subsection (a)--

(I) by striking ``section 227'' and inserting ``section
2209''; and
(II) by striking ``, as redesignated by section 223(a)(3)
of this division,''.

(2) Small business act.--Section 21(a)(8)(B) of the Small
Business Act (15 U.S.C. 648(a)(8)(B)) is amended by striking
``section 227(a) of the Homeland Security Act of 2002 (6
U.S.C. 148(a))'' and inserting ``section 2209(a) of the
Homeland Security Act of 2002''.
(3) Title 5.--Subchapter II of chapter 53 of title 5,
United States Code, is amended--
(A) in section 5314, by inserting after ``Under
Secretaries, Department of Homeland Security.'' the
following:
``Director, Cybersecurity and Infrastructure Security
Agency.''; and
(B) in section 5315, by inserting after ``Assistant
Secretaries, Department of Homeland Security.'' the
following:
``Assistant Director for Cybersecurity, Cybersecurity and
Infrastructure Security Agency.
``Assistant Director for Infrastructure Security,
Cybersecurity and Infrastructure Security Agency.''.
(i) Table of Contents Amendments.--The table of contents in
section 1(b) of the Homeland Security Act of 2002 (Public Law
107-296; 116 Stat. 2135) is amended--
(1) by striking the item relating to title II and inserting
the following:

``TITLE II--INFORMATION ANALYSIS'';

(2) by striking the item relating to subtitle A of title II
and inserting the following:

``Subtitle A--Information and Analysis; Access to Information'';

(3) by striking the item relating to section 201 and
inserting the following:

``Sec. 201. Information and analysis.'';
(4) by striking the items relating to sections 210E and
210F and inserting the following:

``Sec. 210E. Classified Information Advisory Officer.'';
(5) by striking the items relating to subtitle B of title
II and sections 211 through 215;
(6) by striking the items relating to section 223 through
section 230;
(7) by striking the item relating to subtitle C and
inserting the following:

``Subtitle B--Information Security'';

(8) by striking the item relating to subtitle D and
inserting the following:

``Subtitle C--Office of Science and Technology'';

(9) by striking the items relating to sections 317, 319,
318, and 319 and inserting the following:

``Sec. 317. Promoting antiterrorism through international cooperation
program.

[[Page S3684]]

``Sec. 318. Social media working group.
``Sec. 319. Transparency in research and development.
``Sec. 320. EMP and GMD mitigation research and development.'';
(10) by striking the item relating to section 1801 and
inserting the following:

``Sec. 1801. Emergency Communications Division.''; and
(11) by adding at the end the following:

``TITLE XXII--CYBERSECURITY AND INFRASTRUCTURE SECURITY AGENCY

``Subtitle A--Cybersecurity and Infrastructure Security

``Sec. 2201. Definitions.
``Sec. 2202. Cybersecurity and Infrastructure Security Agency.
``Sec. 2203. Cybersecurity Division.
``Sec. 2204. Infrastructure Security Division.
``Sec. 2205. Enhancement of Federal and non-Federal cybersecurity.
``Sec. 2206. Net guard.
``Sec. 2207. Cyber Security Enhancement Act of 2002.
``Sec. 2208. Cybersecurity recruitment and retention.
``Sec. 2209. National cybersecurity and communications integration
center.
``Sec. 2210. Cybersecurity plans.
``Sec. 2211. Cybersecurity strategy.
``Sec. 2212. Clearances.
``Sec. 2213. Federal intrusion detection and prevention system.
``Sec. 2214. National Asset Database.

``Subtitle B--Critical Infrastructure Information

``Sec. 2221. Short title.
``Sec. 2222. Definitions.
``Sec. 2223. Designation of critical infrastructure protection program.
``Sec. 2224. Protection of voluntarily shared critical infrastructure
information.
``Sec. 2225. No private right of action.''.

SEC. 1602. TRANSFER OF OTHER ENTITIES.

(a) Office of Biometric Identity Management.--The Office of
Biometric Identity Management of the Department of Homeland
Security located in the National Protection and Programs
Directorate of the Department of Homeland Security on the day
before the date of enactment of this Act is hereby
transferred to the Management Directorate of the Department.
(b) Federal Protective Service.--
(1) In general.--Not later than 90 days following the
completion of the Government Accountability Office review of
the organizational placement of the Federal Protective
Service, as requested by Congress, the Secretary of Homeland
Security shall submit to the Director of the Office of
Management and Budget and the appropriate committees of
Congress a recommendation regarding the appropriate placement
of the Federal Protective Service within the executive branch
of the Federal Government.
(2) Consultation and assessment.--The recommendation
described in paragraph (1) shall--
(A) be developed after consultation with the head of any
executive branch entity that the Secretary intends to
recommend for the placement of the Federal Protective
Service; and
(B) include--
(i) an assessment of the how the Department of Homeland
Security considered the Government Accountability Office
review described in paragraph (1) and any other relevant
analysis; and
(ii) an explanation of any statutory changes that may be
necessary to effectuate the recommendation.

SEC. 1603. DHS REPORT ON CLOUD-BASED CYBERSECURITY.

(a) Definition.--In this section, the term ``Department''
means the Department of Homeland Security.
(b) Report.--Not later than 120 days after the date of
enactment of this Act, the Secretary of Homeland Security, in
coordination with the Director of the Office of Management
and Budget and the Administrator of General Services, shall
submit to the Committee on Homeland Security and Governmental
Affairs of the Senate and the Committee on Oversight and
Government Reform and the Committee on Homeland Security of
the House of Representatives a report on the leadership role
of the Department in cloud-based cybersecurity deployments
for civilian Federal departments and agencies, which shall
include--
(1) information on the plan of the Department for offering
automated, software-based Security Operations Center as a
service capabilities in accordance with the December 2017
Report to the President on Federal IT Modernization issued by
the American Technology Council;
(2) information on what capabilities the Department will
prioritize for those service capabilities, including--
(A) criteria the Department will use to evaluate
capabilities offered by the private sector; and
(B) information on how government- and private sector-
provided capabilities will be integrated to enable visibility
and consistency of security capabilities across all cloud and
on premise environments, as called for in the report
described in paragraph (1); and
(3) information on how the Department will adapt the
current capabilities of, and future enhancements to, the
intrusion detection and prevention system of the Department
and the Continuous Diagnostics and Mitigation Program of the
Department to secure civilian government networks in a cloud
environment.

SEC. 1604. RULE OF CONSTRUCTION.

Nothing in this title or an amendment made by this title
may be construed as--
(1) conferring new authorities to the Secretary of Homeland
Security, including programmatic, regulatory, or enforcement
authorities, outside of the authorities in existence on the
day before the date of enactment of this Act;
(2) reducing or limiting the programmatic, regulatory, or
enforcement authority vested in any other Federal agency by
statute; or
(3) affecting in any manner the authority, existing on the
day before the date of enactment of this Act, of any other
Federal agency or component of the Department of Homeland
Security.

SEC. 1605. PROHIBITION ON ADDITIONAL FUNDING.

No additional funds are authorized to be appropriated to
carry out this title or the amendments made by this title.
This title and the amendments made by this title shall be
carried out using amounts otherwise authorized.

TITLE VII--OTHER MATTERS

Subtitle A--Miscellaneous

SEC. 1701. AUTHORIZATION OF APPROPRIATIONS FOR OFFICE OF
INSPECTOR GENERAL.

There is authorized to be appropriated for the Office of
the Inspector General of the Department of Homeland Security
$175,000,000 for each of fiscal years 2018 and 2019.

SEC. 1702. CANINE TEAMS.

Components of the Department of Homeland Security may
request additional canine teams when there is a justified and
documented shortage and such additional canine teams would be
effective for drug detection or to enhance security.

SEC. 1703. REPORT ON RESOURCE REQUIREMENTS TO RESPOND TO
CONGRESSIONAL REQUESTS.

(a) Definitions.--In this section--
(1) the term ``Department'' means the Department of
Homeland Security; and
(2) the term ``Secretary'' means the Secretary of Homeland
Security.
(b) Report.--Not later than 60 days after the date of
enactment of this Act, and every year thereafter, the
Secretary shall submit to Congress a report on requests made
by Congress to the Department that shall include, with
respect to the fiscal year preceding the report or, if
available, the preceding 5 fiscal years--
(1) the total number of congressional requests to the
Department, including a breakdown of the number of requests
made by committees, subcommittees, and caucuses;
(2) the total number of congressional responses for which
the Department was required to prepare, including a breakdown
of the number of hearings, briefings, and outreach events for
the Department and each component of the Department;
(3) the total number of requests for similar or duplicative
briefings, hearings, and other events that were made by
multiple committees of Congress, including--
(A) a breakdown of the number of requests for the
Department and each component of the Department; and
(B) a breakdown of the number of requests for hearings by
topic and by the requesting committees and subcommittees of
Congress;
(4) the total number of written testimony before committees
and reports that the Department had to prepare for or respond
to, including--
(A) a breakdown of the number of written testimony before
committees and reports that the Department and each component
of the Department had to prepare for or respond to; and
(B) a breakdown of the number of written testimony before
committees and reports that the Department and each component
of the Department had to prepare for or respond to by topic,
as determined by the Secretary;
(5) the total number and a list of congressional document
requests and subpoenas sent to the Department, including all
pending document requests and subpoenas, including--
(A) whether a request is currently pending;
(B) how long it took the Department to respond fully to
each request, or, for pending requests, how long the request
has been outstanding; and
(C) the reason for any response time greater than 90 days
from the date on which the original request was received;
(6) the total number and a list of congressional questions
for the record sent to the Department, including all pending
questions for the record, including--
(A) whether a question for the record is currently pending;
(B) how long it took the Department to respond fully to
each question for the record, or, for pending questions for
the record, how long the request has been outstanding; and
(C) the reason for any response time greater than 90 days
from the date on which the original question for the record
was received; and
(7) the total number and a list of congressional letter
requests for information, not including requests for
documents or questions for the record, sent to the
Department, including all pending requests for information,
including--
(A) whether the request for information is currently
pending;
(B) how long it took the Department to respond fully to
each request for information, or, pending requests for
information, how long the request has been outstanding; and
(C) the reason for any response time greater than 90 days
from the date on which the

[[Page S3685]]

original request for information was received; and
(8) any additional information as determined by the
Secretary.
(c) Termination.--This section shall terminate on the date
that is 5 years after the date of enactment of this Act.

SEC. 1704. REPORT ON COOPERATION WITH THE PEOPLE'S REPUBLIC
OF CHINA TO COMBAT ILLICIT OPIOID SHIPMENTS.

Not later than 90 days after the date of enactment of this
Act, the Secretary of Homeland Security, in consultation with
the Attorney General and the Secretary of State, shall submit
to Congress a report on current and planned cooperation with
the Government of the People's Republic of China to end
opioid smuggling, including through online sellers, which
shall include a discussion of--
(1) plans to leverage high-level partnerships with Chinese
officials established through the United States-China Law
Enforcement and Cybersecurity Dialogue to combat the shipment
of illicit opioids to the United States;
(2) the current status and expected time frame for
scheduling additional illicit opioids as illegal;
(3) the current status and expected time frame for shutting
down smuggling routes and methods, including online sellers
located in China; and
(4) any additional forums or diplomatic channels that
should be used to further cooperation with other foreign
governments to combat illicit opioid shipments.

Subtitle B--Commission to Review the Congressional Oversight of the
Department of Homeland Security

SEC. 1711. SHORT TITLE.

This subtitle may be cited as the ``Congressional
Commission to Review the Congressional Oversight of the
Department of Homeland Security Act of 2018''.

SEC. 1712. ESTABLISHMENT.

There is established in the legislative branch a commission
to be known as the ``Congressional Commission to Review
Congressional Oversight of the Department of Homeland
Security'' (in this subtitle referred to as the
``Commission'').

SEC. 1713. MEMBERS OF THE COMMISSION.

(a) Members.--The Commission shall be composed of 6
members, of whom--
(1) 1 member shall be appointed by the Majority Leader of
the Senate, in consultation with the leader of the House of
Representatives who is a member of the political party of
which the Majority Leader is a member, who shall serve as
chairperson of the Commission;
(2) 1 member shall be appointed by the Minority Leader of
the Senate, in consultation with the leader of the House of
Representatives who is a member of the political party of
which the Minority Leader is a member, who shall serve as
vice chairperson of the Commission;
(3) 1 member shall be appointed by the Majority Leader of
the Senate;
(4) 1 member shall be appointed by the Minority Leader of
the Senate;
(5) 1 member shall be appointed by the Majority Leader of
the House of Representatives; and
(6) 1 member shall be appointed by the Minority Leader of
the House of Representatives.
(b) Expertise.--In making appointments under this section,
the individual making the appointment shall give
consideration to--
(1) individuals with expertise in homeland security and
congressional oversight; and
(2) individuals with prior senior leadership experience in
the executive or legislative branch.
(c) Timing of Appointments.--Appointments to the Commission
shall be made not later than 45 days after the date of
enactment of this Act.
(d) Terms; Vacancies.--Each member shall be appointed for
the duration of the Commission. Any vacancy in the Commission
shall not affect the powers of the Commission, and shall be
filled in the manner in which the original appointment was
made.
(e) Compensation.--Members of the Commission shall serve
without pay.
(f) Travel Expenses.--Each member of the Commission shall
be allowed travel expenses, including per diem in lieu of
subsistence, at rates authorized for employees of agencies
under subchapter I of chapter 57 of title 5, United States
Code, while away from their homes or regular places of
business in the performance of services for the Commission.
(g) Security Clearances.--The appropriate Federal agencies
or departments shall cooperate with the Commission in
expeditiously providing to the members and employees of the
Commission appropriate security clearances to the extent
possible, pursuant to existing procedures and requirements,
except that no person shall be provided with access to
classified information under this subtitle without the
appropriate security clearances.

SEC. 1714. DUTIES OF THE COMMISSION.

(a) Study of the Department of Homeland Security.--The
Commission shall conduct a comprehensive study of the
congressional oversight of the Department of Homeland
Security, including its components, subcomponents,
directorates, agencies, and any other entities within the
Department to--
(1) review the congressional oversight of the Department of
Homeland Security; and
(2) make recommendations on how congressional committee
jurisdictions in the Senate and House of Representatives
could be modified to promote homeland security and the
efficiency and congressional oversight of the Department.
(b) Report.--Upon the affirmative vote of not less than 4
of the members of the Commission, the Commission shall submit
to the President and Congress a detailed statement of the
findings and conclusions of the Commission based on the study
carried out under subsection (a), together with the
recommendations of the Commission for such legislation or
administrative actions as the Commission considers
appropriate in light of the results of the study.
(c) Deadline.--The Commission shall submit the report under
subsection (b) not later than 9 months after the date on
which a majority of the members of the Commission are
appointed.

SEC. 1715. OPERATION AND POWERS OF THE COMMISSION.

(a) Executive Branch Assistance.--The heads of the
following agencies shall advise and consult with the
Commission on matters within their respective areas of
responsibility:
(1) The Department of Homeland Security.
(2) The Department of Justice.
(3) The Department of State.
(4) The Office of Management and Budget.
(5) Any other agency, as determined by the Commission.
(b) Meetings.--The Commission shall meet--
(1) not later than 30 days after the date on which a
majority of the members of the Commission have been
appointed; and
(2) at such times thereafter, at the call of the
chairperson or vice chairperson.
(c) Rules of Procedure.--The chairperson and vice
chairperson shall, with the approval of a majority of the
members of the Commission, establish written rules of
procedure for the Commission, which shall include a quorum
requirement to conduct the business of the Commission.
(d) Hearings.--The Commission may, for the purpose of
carrying out this subtitle, hold hearings, sit, and act at
times and places, take testimony, and receive evidence as the
Commission considers appropriate.
(e) Contracts.--The Commission may contract with and
compensate government and private agencies or persons for any
purpose necessary to enable it to carry out this subtitle.
(f) Mails.--The Commission may use the United States mails
in the same manner and under the same conditions as other
agencies of the Federal Government.
(g) Gifts.--The Commission may accept, use, and dispose of
gifts or donations of services or property.
(h) Assistance From Federal Agencies.--
(1) General services administration.--The Administrator of
General Services shall provide to the Commission on a
reimbursable basis administrative support and other services
for the performance of the functions of the Commission.
(2) Other departments and agencies.--In addition to the
assistance under paragraph (1), departments and agencies of
the United States may provide to the Commission such
services, funds, facilities, staff, and other support
services as they may determine advisable and as may be
authorized by law.

SEC. 1716. FUNDING.

(a) In General.--Subject to subsection (b) and the
availability of appropriations, at the request of the
chairperson of the Commission, the Secretary of Homeland
Security shall transfer funds, as specified in advance in
appropriations Acts and in a total amount not to exceed
$1,000,000, to the Commission for purposes of carrying out
the activities of the Commission as provided in this
subtitle.
(b) Duration of Availability.--Amounts transferred to the
Commission under subsection (a) shall remain available until
the date on which the Commission terminates.
(c) Prohibition on New Funding.--No additional funds are
authorized to be appropriated to carry out this Act. This Act
shall be carried out using amounts otherwise available for
the Department of Homeland Security and transferred under
subsection (a).

SEC. 1717. PERSONNEL.

(a) Executive Director.--The Commission shall have an
Executive Director who shall be appointed by the chairperson
with the concurrence of the vice chairperson. The Executive
Director shall be paid at a rate of pay established by the
chairperson and vice chairperson, not to exceed the annual
rate of basic pay payable for level V of the Executive
Schedule under section 5316 of title 5, United States Code.
(b) Staff of the Commission.--The Executive Director of the
Commission may appoint and fix the pay of additional staff as
the Executive Director considers appropriate.
(c) Detailees.--Any Federal Government employee may be
detailed to the Commission without reimbursement from the
Commission, and such detailee shall retain the rights,
status, and privileges of his or her regular employment
without interruption.
(d) Consultant Services.--The Commission is authorized to
procure the services of experts and consultants in accordance
with section 3109 of title 5, United States Code, but at
rates not to exceed the daily rate paid a person occupying a
position at level IV of the Executive Schedule under section
5315 of title 5, United States Code.

[[Page S3686]]

SEC. 1718. TERMINATION.

The Commission shall terminate not later than 1 year after
the date of enactment of this Act.

Subtitle C--Technical and Conforming Amendments

SEC. 1731. TECHNICAL AMENDMENTS TO THE HOMELAND SECURITY ACT
OF 2002.

(a) Title IV.--Title IV of the Homeland Security Act of
2002 (6 U.S.C. 201 et seq.) is amended as follows:
(1) In section 427 (6 U.S.C. 235), by striking subsection
(c).
(2) By striking section 431 (6 U.S.C. 239).
(3) In section 476 (6 U.S.C. 296)--
(A) by striking ``the Bureau of Citizenship and Immigration
Services'' each place the term appears and inserting ``United
States Citizenship and Immigration Services''; and
(B) by striking ``the Bureau of Border Security'' each
place the term appears and inserting ``U.S. Immigration and
Customs Enforcement''.
(4) In section 478 (6 U.S.C. 298)--
(A) in the section heading, by inserting ``annual report
on'' before ``immigration'';
(B) by striking subsection (b);
(C) in subsection (a)--
(i) by striking ``Report.--'' and all that follows through
``One year'' and inserting ``Report.--One year''; and
(ii) by redesignating paragraph (2) as subsection (b) and
adjusting the margin accordingly; and
(D) in subsection (b), as so redesignated--
(i) in the heading, by striking ``Matter included'' and
inserting ``Matter Included''; and
(ii) by redesignating subparagraphs (A) through (H) as
paragraphs (1) through (8), respectively, and adjusting the
margin accordingly.
(b) Title VIII.--Section 812 of the Homeland Security Act
of 2002 (Public Law 107-296; 116 Stat. 2222; 5 U.S.C. App.,
note to section 6 of Public Law 95-452) is amended as
follows:
(1) By redesignating such section 812 as section 811.
(2) By striking subsections (a) and (c).
(3) In subsection (b)--
(A) by striking ``(as added by subsection (a) of this
section)'' each place it appears;
(B) by redesignating paragraphs (2), (3), and (4) as
subsections (b), (c), and (d), respectively, and adjusting
the margin accordingly;
(C) in paragraph (1), by redesignating subparagraphs (A)
and (B) as paragraphs (1) and (2), respectively, and
adjusting the margin accordingly; and
(D) by striking ``(b) Promulgation of Initial Guidelines.--
'' and all that follows through ``In this subsection'' and
inserting the following:
``(a) Definition.--In this section''.
(4) In subsection (b), as so redesignated, by striking ``In
general'' and inserting ``In General''.
(5) In subsection (c), as so redesignated, by striking
``Minimum requirements'' and inserting ``Minimum
Requirements''.
(6) In subsection (d), as so redesignated, by striking ``No
lapse of authority'' and inserting ``No Lapse of Authority''.
(c) Title IX.--Section 903(a) of the Homeland Security Act
of 2002 (6 U.S.C. 493(a)) is amended in the subsection
heading by striking ``Members--'' and inserting ``Members.--
''.
(d) Table of Contents.--The table of contents in section
1(b) of the Homeland Security Act of 2002 is amended as
follows:
(1) By striking the item relating to section 478 and
inserting the following:

``Sec. 478. Annual report on immigration functions.''.
(2) By striking the items relating to sections 811 and 812
and inserting the following:

``Sec. 811. Law enforcement powers of Inspector General agents.''.
______